MARCH 4, 1974
i@ll@NUTES OF T14E HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
Nlarch 4, 1974
The re@.ular meeting of the Council of the City of Virginia Beach,
Virginia, iias heid in the Council Chambers, in the Administration
Building, in the Borough of Princess Anne, on Monday, March 4,
1974, at 2:00 p.m.
The invocation was .@iven by the Revererd James Fleet, Westwood Hill
Baptist Church, Virginia Beach, Virgiria
Councilmen present: John A. Baum, Robert H. Callis, Jr., Vice
Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, Garland L. Isdell, D. Murray @talbon, J.
Curtis Payne, and Floyd E. Waterfield, Jr.
Councilmen absent: Mayor Robert B. Cromwell, Jr.
ITEM #6846
On motion by Councilman Ferrell, seconded by Councilman Payne,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor
F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence
A. Holland, Garland L. Isdell, D. Murriy Malbon, J. Curtis Payne,
and Floyd E. Waterfield, Jr.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council approved the Minutes of the Regular Meeting of
February 25, 1974, as corrected, and dispensed with the reading
of said Minutes inasmuch as each Councilman had a copy of the
subject Minutes before him.
ITEM #6847
Petitio,i o-E Jonathan R. Sanderlin for a change of zoning district classifi:cation
from R-8 Residential District to R-6 Residential District on certain property
beginnin@ at a point 350 feet more or less north of the intersection of White-
hurst Landin, Road and Kempsville Road, running a distance of 1326 feet alon@ the
ivest side of lqhitehurst Landing Poad, rlmnin, a distancc of 784.3 feet alon@, -lh(@
northerr proderty line, running a distance of 1356'6 feet along th6 tyestern proj-
erty line an@ running a distance of 1184.2 feet al6n,., the southern property lin"
Said parcel coritains 23.5 acres. (Havon Est@ites-Bell.-@.P,,V Nlanor-Stratford Chase-
Acrodale Areas). KE@IPSVII,Ll@ BOtOUCH.
Planning CorLriission Recomriendatioii:
A inotion ivas passed b, the Plannin@ Cormnission to approve this change of zoning
petition subject to Citv requirements.
I
I
I - -
H" Calvin SP-i sented the applicant.
tor Marshall Morrison appeared before Council in opposition to@
above application.
motion by Councilman Isdell, seconded by CounCilman Ferrell,
an@, by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice @layor
F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A.
Holland, Garland L. Isdall, D. Murray @Ialbon, J. Curtis Payne, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council approved the following Ordinance upon petition of
Jonathan R. Sanderli for a Ch
n -Dlnge otf @onin D 1:@rict Classif-
ication from R-8 Residential tric @o R@ Uential District:
ORDINAi'4CE UPON PETITION OF Z0374015
JONATHAN R. SANDERLIN FOR A
CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-8
Residential District TO R-6
Residential District
Be it ordained by the Council of the City of Virginia Beach, Virginia:
Petition of Jonathan R. Sanderlin for a Change of Zoning District
Classification from R-8 Residential District to R-6 Residential
District on certain property beginning at a point 350 feet more or
less North of the intersection of Whitehurst Landing Road and
Kempsville Road, running a distance of 1326 feet along the IVest side
of Whitehurst Landing Road, running a distance of 784.3 feet alona
the Northern property line, running a distance of 1356.6 feet along
the Western property line and runnina a distance of 1184.2 feet along
the Southern property line. Said parcel contains 28.5 acres.
(Haven Estates-Bellamy Manor-Stratford Chase-Acredale Areas).
Kempsville Borough.
Approval is subject to the following stipulations:
1. Site and subdivision improvements and dedications will be
required in accordance with the Site Plan and Subdivision
Ordi.nances. (Engineering)
2. Water and sewer Agreements are required. (Public Utilities)
3. City water and sewer. (Healtli)
4. Developer must submit a detailed open space and recreation
plan and the requirements of the CZO must be met. (Parks and
Recreation)
5. It is recommended that the applicant be required to
participate in school site purchase in an amount to be
determined when building permits are issued. The School Board
would like to enter into negotiations with the applicant for
the reservation of a school site. Such reservation would
substitute for participation in school site purchase.
6. Dedication of right of way 45 feet from the centerline of
the existing 30-foot right of way along the 1326-foot more or
less frontage on the west side of Whitehurst Landin.a Road.
(Real Estate)
facil@ ckf@ou "moor
pair of tw* *s ce
the WootaWW ot Air-n*i- Aven- beginning &ta point 150 fo*tsouth of Third
Street. r g a distance of 349 feet moro or lose along the Eastern property
line of hih Z7c& f,,t to the W*st side of Adantic Avenue, ra distance
of 496 feet mare or less along the Western proverty Uns and g a dis@a
of 187 feet@@ @ Northern property line. Said parcel is trian@ar in ow"
and co L 64 acres.- (Rodes Wet A"a). VIRGINIA BEACI-I AND LYNN-
HAVEN BORO'UGM.
Pla@ C Re@ad&Uo=
A c of 10 ID I to d*ny
Mr. Frank E. Butler, II torney, represented the applicant
ivir. Jack Ke@ and Mr. Sam Scott appeared in favor of this application
Mrs. Audrey Overton, Mr. James Miller, and ,Ir. David Henrick appeared
in opposition to the above application.
On inotion by Councilman Callis, seconded by Councilman,Waterfield,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vic6 Mayor
F. Reid Ervin, George R. Ferrell,@Garland L. Isdell, D. Murray
Malbon, J. Curtis Payne, and Floyd E. Waterfield, Jr.
Nays: Couhcilman Clarence A. Holland
Abstain: Councilman Chdrles W. Gardner
Absent: ?4ayor Robert B. Cromwell, Jr.
City Council adopted the following Resolution upon application
of Virginia Beach Festival Park, Itd.. for a Conditional Use
Permit fo@r recreational and amu5ement@facilities o an outdoor
nature (temporary permit for a period ot two years:
RESOLUTION UPON APPLICATION R374005
OF VIRGINIA BEACH FESTIVAL
PARK, LTD POR A CONDITIONAL
USE PERMI+ POR RECREATIONAL
AND,AMUSERENT FACILITIES OF
AN OUTDOOR NATURE (temporary
permit for a period of two
years)
Be i.t ordained by the Council of the City of Virginia Beach, Virginia:
Application of Virginia Beach Festivan Park, Itd., for a Conditional
Use Permit ior recreational and amusement facilities of an outdoor
nature temporary permit for a period of two years) on certain
property located on the West side of Atlantic Avenue beginning at a
point 150 feet South of Third Street, running a distance of 349
fe--t more or less along the Eastern property line of which 279 feet
is the West side of Atlantic Avenue, runnin.@ a distance of 496 feet
more or less along the Western property line and running a distance
of 187 feet along the Northern property line. Said parcel is triangular
in shape and contains 1.64 acres. (Rudee Inlet Area). Virginia Beach
and Lynnhaven Borolighs.
Approval is subject to the following stipulations:
1. One hundred and fifty (150) parking spaces must be
provided. (Planning)
2. Time the permit is issued must liave site plan approval
as required in the Site Plan Ordinance.
3. Applicant is required to make offsite signalization
direction@l si ns and/or stop lights).
Waterfield,
-,seconded,by
motion- by C6uncilman-Gardne'r,;@ @Councilman
and by recorded vote as follows.
Aye-5: councilmen John A. Baum, Robert H. Callis, Jr., V@Ice @layor
F. Reid Ervin, Geor.@e R. Ferrell, Charles ;q. Gardner, Clarence A.
Holland, Garland L. Isdeil, D. Nlurray @ialbon, J. Curtis Payne, and
Floyd E. Waterfield, Jr.
Nays: None
Absent-. Mayor Robert B. Cromwell, Jr.
City Council adopted the following Resolution reestablishin@. the
Historical Review Board-
A ineeting of the counr-il of the City of Virginia Bea@-1, Virgiaia,
was held in the Council ch@ers on the 4th -day of
March 1974-
-On motion by Dir- Gardner and seconded by @4r. Waterfield
the following resolution was adopted.
0
E S 0 L U T .1
ITEREAS, the Comprehensive Zoning ordinance, Article 13,
&wtion 1302 and 1303, requires the creation of historical
and culti=al districts; and
WHEREAS, an Historical Review Board, in conjunction
with the Planning Director, is required to meet and review
alter2itions of existing structures and new construction within
htgtorical and cultural districts; -md
WHEREAS, an Historical Review Board and the Planning
Director are to issue a Certificate of Appropriateness based
on their examination prior to the issuance of ak Building P@t
on structures within the historical and cultural districts.
NOW,.THEREFORE, the City Council of Virginia Beach does
hereby create the Historical Review Board to perfo@rm these
services and shall appoint five (5) members. 'nvo (2) members
shall be appointed until July 1, 19 75, and three (3) me,@ers
shall be appointed until July 1, 1976. Thereafter, all members
shall be appointed for t@qo years.
@,TEK,@@# 6
n.,@@the-a,
Historical Review Board.
ITENI #C@3@ L
on motion by Council.,nan Malbon, s(-,cond(!l 1,3y Councilman Holland,
and by recorded vote as Eollows:
Ayes: Councilmen John A. Baum, Robert ii. Callis, Jr., Vice Mayor
F. Reid Ervin, George R. Ferrell, Cli@ir--es W. Gardner, Clarence*A.
Holland, Garland L. Isdell, D. Murra@ ll,,Ilbon, J. @urtis Payne, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council approved on second reading the following appropriations
as requested by the Data Processing De@)artment. The total amount
appropriated would be $21,458:
To Account 2121-170 (Compensation of Programmers), $20,992.
To Account 2121-80t (0@fice Equ@Ipment and Furniture),,$466.
ITEM #68;2
A presentation was made by Mr. JamQs C, E@hols, Executive Secretary,
Tidewat6r Transportation Di.strict CoiRmLssion, indicatitig the steps
proposed to be taken in establishing t.'Ie service facilities of the
Tidewater Transportation DisErict aitd invitin,a the City of Virginia
Beach to adopt a Resolution authorizing the Tidewater Transportation
District Commission to utillze funds -@@ilccated to the Cities for
Highway-Aid-To-Mass-Tran.sit.
The Carolina Coach Company would agree to the cancellation (by
the State Corporation Commission), of the operating authority
and should the certificate be transferred to another agency
Carolina Coach would con..tribute the cc,,rti.ficate without charge.
Carolina Coach Company would continue to provide inter-city
passeriger service to Virginia Beach from pc)ints to the North,
South an(i West, in-Il.uding Norfolk,
After considerable discussion colLerTiirig the dire lack 6f p4ss
transportation in tlie City, Counci.l@iin Callis, seconded by
Councilman WateTfield, and by record-,d vote as follows. moved
the adoption of the followin,,j Resoluti,,n:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor
F. Reid Ervin, George R.. Ferrell, Charles W. GIrdner, Clarence, A.
Holland, Garland L. Isdell, D. Murray ',Ialben, J. Curtis Payne, and
Floyd E. Waterfield, Jr.
inays: None
Absent: Mayor Robert B, Cromwell, Jr.
City Council adopted tlie foll-oiiin,
7
TTEM #6@
On mo.@6ii,liby Councilman,Malbon, t)y Cz)unc"Iman@Isdell,
and b@ recorded vote as follows:
"Yes: Councilman folin A, Bati-ii, Ro@,.er,, 11. s, @@,-ice @layor
F. Reid Ervin, Geor-e i@. Perr@@ll, Charles W. Gardiler, Clarence A.
Holland, Garland L. lsdeil, 1), @itir(@aN, %i@Lboii, J. Curtis Payle, a@,id
Floyd E. Waterfield, Jr-
@i'ay s None
-@bsent: Nlayor ll,,obe L b,
City Council approvel til@ f.-,Iicwing tl.@- refunds in the amount of
$167.70:
-TO--,.!r. Dald@s--n Clty k-,:o,-ncv
Date February 20, 1974
FftON.- . lir. V. A. E-tlicrLdge, TLeasulex
C-L.-@ Application for Tax ic.@uticis.
Z-,,-Iimzt4cnz :C:, -.3f -a;4zz, tcta.@zig 167.70
cartificd for payment, as set fort:ii bei?y. -
A. theridze, Treasurer
ax
T
ar y Tic atit)n Pa@ld Base
alLy est
Number No.
Ye
rge-Georghiou 19.74 CD 2061@9 L-2-74 15.00
ss Inc. 74 CD 2,1890 !-22-74 15.00
les C.
a3:rington 74 CD # 7623 1..25-74 15.00
rle@ 0 & 74 CD # 419/7 ]@-3 -74 7.50
o:y6o A H@rper.
lia Holdin
9
1,97 3 RE 051596 2010 -20 ;3 115.20
ive noolicati@ns fr;r
C; t --,),.!ncil
'IL(i J. Cit! c I
@@l-TEM@,!
y o, weeks,the following,streel
a 301 @@road.@-.orL I ide of@Laskin Road in the Lynnhaven
rough.-
CRD@4CE CLCSING, VACAT-.--iG A,\[D DISGGNTINUL'IG
k D-RCICSED UIIRTY -?GC,'Z @304) ROAD CN THE SOUTH
SIDE C@z Bl@., I:Z@iiiHAI[Ki Bo@.CU@q, !N
proper @-ioti-ce @@tiat Joiin @-au2it, @',Ivin Crandell, Edward Solomon,
Trustees of the Congiega-l-@on of Virginia Feacii ;o7mnity Chaoel, would make
applicaticn to the Cit7 Council of -,,-ie '@-ily c f I 7irginia Beach on Jan.28,1974
to have the herei--i al'ter described procosed 30 .@oot road closed, vacated and I
discontinued as a public road i-n Borough, in the City of Virgirda i
Beac.li, Virginia and said @@ot-'-ce being 1)ostec.1 at tiie Courthouse, C-@.ty of Vir-
ginia Beach, Virginia and at two o-@her @)u@c -'-i.c places, to-wit: City Hall, Civic i
Center, Pri.-icess Anne BorouGCn and Ci@,- @.@a--
,@ @- @. Annex, -ir@@ Beach Borough in i
tbe City of Virgiria Beacn, " !Tgilia; and
said appl-icat4-on was made tc@ tlie Couicil and z)ursuant to the
statutes in such cases made and orovided tre Council, on Jan. 28,1974, which
was more than -@en (10) da-),s after said pcsting of said notices. Cn Jan.28,1974,
this Counci-1 did appoin" t@ee '3) viewerj @lo v@-ew said prodosed 30 foot road I
sought to be closed, vacated ar,.d iiscortir,@-ed and to report in Ariting whether i
in their ot)inion, any ancl if any, uhat irconveniences wculd result from dis-
contimii-,ig the same, and said vj,eiqezs ,ov,@ made said report in writ@ to the
Coimcil; and
la&@ 2 the land proprietors affec'ed '@hereb7 along said propcsed 30
foot road to be closed, vacated -a@id li5c-Tti-nued have b@an duly notified; and
IT S, it is the judgt,,ent of tixe C,)unc-@@l that gaid proposed 30 foot
road should be closed vacated and disc,)nti.nued.
-u
NC'@T j. FCU- I BE "I@ C.@.L[-LD BY @li-@ (@- NCTT- (,@7 iEE C-.TY CF VIRGLUA
BEACH, VIRGLTIA:
SECTIO@T 1. That the prodosed 30 foot road in Lynnhaven Borough, Virainia I
Beach, Virginia extending in a souther@, ection from the sauth side of Laskin
Blvd. as hereinafter described is hereby ciased, vacated and discontinued as a
public street of the City of Virgi-'lia Beac@l, Vir--inia, said proposed 30 foot
road not bein@ used fcr publ@-c use and trevel.
ALL THAT certain prot)osed 3(-,) feet, @@-r A4.dth r,oad located ii
haven Boraugh, in the -,;-ty of 7i-r@lir;.a T-@eich, 'Ti-rginia and more
particularly descrfoed as fcllows:
EEGI:,RIIIIG at a point in the soiil.@ierr l@ of Laskin Blvd., 1663.8
feet, more or less, west of @@eatack -oad, which r)oint is the north-
east ccrner of tha-1. certain Diece @i parcel of l@.,ici designated as
'IBirdneck Corp. 5.',@ acrpg on @prta4n plat entitled Plat of
pror)erty located c;n Laqkin Blri.--.n--Ir-'@ncess Arne Count,,,r,Va." 'Pre-
Pai-ed by T). Gal'-Op, county dated @@y 17, i945 and duly
recorded in the C-lerk's "@@ffic-- of tlr@ Gir@uit Court, City of Vj-rg@@n-
la
'la. in itap liock l@, p.-i@- i; @l%en(,e ri,@@n.-,ing southerly along the
Beach, I
wegtern side cf a r@ropcsei 3C fot,@i r@ad aS 3iaown o.-i said plat, south
120221 east 203.7 !oe-; t@irn,@77 oni @,ining in a northerl,
direc@,ion al.on@ th@,. nort'Li s@-de o@-@ i@ h r prcr)osed 30 foo-@ road
nor@@h 7703,9' p@st -10 f,,et to -a or@ tlie ea3t--rly s4-de of the
proposed 30 -loot rc@lal; thence -,;r-@
i--r @, ir@ci ru-,L northerly 120921
Nest 208.7 leet alon, @ e easterri s-l@-Le 0,@ sai,--i pronosed 30 @oot
I @h
road to a idoi:it on the sDuti-,er-i of .,@ski,,l Blv thence ',urn:L-ig
and rurlni@i@ i-,i A erl
I @h y 77@--,,@' ,je.3t the distance
of 30 I-eet along ti rn @ii !E, to tha poi-nt of
be
,ginning.
Sinca the widening (-,f B!-va. t-@e -@e,)th c)f -,he proposed 30 @-oot
road has been reduced frcm 208.7 to ar)@roximately 157.86 feet
south -from the ac"',hern siii cf @.n E@ ti.
SECI-@--li 2. 7h@t t'@,is ;-@nance 7',-all be in e-'@@fect f@-c-@l @-,-Id a@.--.er
thi-,ty (3:)') dalis '--om tle te o@@ ito ador.)ti(Dn.
Ador)led b-i -,*'ie @-it-I Council oT' ,rg4---d3 Ieac--i on
ITEivi #68115
On motion by Councilman @,lalbon, secc)ridi@cl, by Councilr@lan Ferrell,
and by recorded vote as follows:
Ayes: Councilrien John A. Baum, Robe@-t H. Calli.s, Jr., Vice Mayor
F. Reid Ervin, George R. Ferrell, Char@-es W. Gardner, Clarence A.
Holldnd, Garland L. Isdell, D. Murra.y 'Iaibc@n, J. Curtis Payne, and
Floyd E. Waterfield, Jr.
i4ays: None
Absent: Mayor Robert B. Cromwell, J,-.
City Council approved the following street closure relative to a
thirty (30) foot unnamed road at Holly Point Road and Five Point
Road in the Lynnh.aven Borough:
AN ORDIIIANC7 CLOSING VACATIDIG -,kND
DISCONTI-,ITUING A CERT.6,IN TJ@FDIAMED '@OAD
IiJ THE SUBDIVISIO@I Ou- ROSE FALL SHOPES
BE TT OR-DAlN-hD BY TH@', C@O@INCIL OF THE CITY OF VIRGINIAL
BEACH, VIRGINIA:
@i@REAS, :,)roiDer noti-,e -@hat P@obert F. Suth--rland
would w-ake application -lo t"lle the City of Virginia
Beach on Januarv 28, 10,74, !--D "a@,e the h--reinafter described
street in Pose Hall Shores Subdi--,,ision vacated and discontinued I
as a public street in -uhe Ci-@y ol Vir,-,inia Beach, Virginia, was
duly post--d at the Courthouse o@- the Circuit Court of the City
of Virginia Beach, Virginia, on -he !-,5th day of January, 1974,
and at two public places in tiie -ity o-@ Virginia Beach; and
@@,REAS, said applicat4-on was made to the Council andi
pursuant to the statutes in su--h cases made and provided the
Council on Janua-ry 28, 19'74, which was ten days after said
posting of the notice, appoirited Charles C. Carrington,
William W. Fleming, Jr. and Gc,.orge L. qarbury
as viewers to view said s-@@reets and @3venue in Rose Hall Shores
Subdivision sought to be closed, vac@3.tE,,d @@nd discontinued and
to report in w-riting whether i-n thel-r opa.nion, any, axid if any,
what inconvenience would resul@, from discontinuinz th6 same,
and said viewers have made thel.r rpport to.the Council by their
letter dated and
@REAS the land Droprietor af-@ected thereb along
y
said portion of the street proL,(@.@,ed "o be closed, vacated, and
discontinued has been fully notd-@ied: and
WiEREAS, it is the -idl,lment of the Council that said
portions of th(@ street and .3h,,Duld te closed, vacated and
discontinued;
NOW, "L@,EFORE, E--, 'DR-T)AIii7-:D by the Council of the
City of Virginia 2each:
S,,ti he y
..or, 1 Tha@ the 6treet an(i aven@e in t Cit
o Virl@inia Be@a@.@'@i, '.iirginia, as .ac -i,naftei, (Ile@sor,ib--d, is hereby
closed, vaca-ue(-,, -.Ld a-3 , -)ubl4@c ,t@-eet aiid -q-venue of
the City ,:)f Vi,,,- le.,,ich, sa-i,.J. rhd -@venu@ not bei-n,.-
needed for i,tib'
A 5(J f,-.,)t @Afmamed rot@ ,v@i@h S,-,oaratc-@s
@,ioll.y Point Ra c,,
A @i,td 11, @it the cor,,i- o a
anci ill-i.,v(@ Iloint, P,)a(i. ri the S"ib(,-ivision 3f
1--nia
Rosel Ha-1 11(@rcugh, Virl,,i
S,,a,ii str(-et sou,-ht )e ct(-seti i-.@ ou-LI@i,,-i@ct in :7-d. on
.the attached
Th@,,@', tl,.-i-s -)i:,di-n c(- @i ill be -i@,l t@,@fC(,t frr'l-si and af-Lei,
thi--ty days f,.r,@i d .@t- of i.tL@
C)Ur of L
by tlie C of Beach,
I
C, @i y )iaTC,
Vi.-ginia, o-,i t i-,
Or)@ days the follbwing@street
SU@ e @Pe@ Street,' Livina.ston-Street
d Pai@c@e:,@'Green B he Lynnh@iven Borou.@h. This had
en d@e@f6rteci-@from 1974z: ,
Ail ORDIINANCE VACATING ALL OF PECX STREET AND LWINGSTON STREET
FROM THE 7-ASTERN BOUNDARY OF PALACE GREEN BOULEVARD FORKERLY
E@,I=T STR-TET FOR A DISTANCE OF FOUR HUNDRED AND FIFTY (450) PEET
AND THE EASTERN ONE HUND-PED THIRTY-SEVEN AND ONE TENTH (137.10)
FEET OF PALACE GREEN BOULEVARD, l'ORMERLY EMMETT STR-PET COMMENCING
AT THE NORTHEAST INTERSECTION OF 1,IVIIqGSTON STREET WITH SAID
PALACE GR-ZEN BOULEVARD AND TERMINATING AT THE SOUTHERN RIGliT OF
WAY OF THE VIRGINIA BEACH-NORFOLX E-XPRESSWAY, LYNNHAV8N BOROUGH,
VIRGINIA BEACH, VIRGI@TIA.
WHE.REAS, Israel Steingold and Maurice Steingold filed a
Petition with the Council for thE,@ Cit,i of Virginia Beach,
Virginia, pursuant to the PrOvisions of Section 15.1-364 of the
Code of Virginia, as amended, expressing thair desire to have
vacated all of Peck Street and Livingston Street from the
Eastern boundary of Palace Green Boulevard formerly ett
Em
Street for a distance o@. Four Hundred and Fifty (450) feet and
the Eastern One Hundred Thirty-Seven and One,Tenth (137.10) feet
of Palace Green Boulevard, formerly Famett Street commencing at
the northeast intersection of Livingston Street with said
Palace Green Boulevard and terminating at the southern right of
way of the virginia Beach-Norfolk Expressway, Lynnhaven Borough,
Virginia Beach, Virqinia.
WHEREAS, a Bo.ard Of Viewers were duly appointed, who
reported in writing, recommending that said portions of Peck
gireet, Livingston Street and the Eastern One Hundred Thirty-
Seven and One Tenth (137.10) feet of Palace Green Boulevard,
formerly Emmett Street commencing at the northeast intersection
of Livingston Street with said PaLace Green Boulevard and
terminating at the southern right of way of the Virginia Beach-
Norfolk Expressway, Lynnhaven Borough, virginia Beach, Virginia
be closed.
RDA NE incil of the city of Virginia
BE I7-- 0 I -D bY the CO'
Beach, Virginia, that all of Peck street and Li,tingston Street
.,rom -,he Eastern boundary o@- Palace Green Bouleva-rd fo,-merly
Emmett Str2at @or a distance o;@ our Hundred ard F;-@lty (450) feet
and the Eastarn on-- @undred Thirty-Seven and One Tenth (137.10)
feet of Palac-- G-een Boulevard, formerly Emmett Street commencing
at the northeast intersec--ion of Livingston Street ,7i-@h said
Palace G--3en Boulevard and terminating at the southern right of
way of th@ Virgin4-a Beach-Nor@@olk Expressway, Lynnbaven Borough,
Virginia Beach, Virginia, be, and the same are hereby vacated.
ADOPTED BY THE Council ct the City of Virginia Beach,
Virginia, this day of____ 1973.
Mayor
ATTEST:
Clerk of the Councii
ITEM #63S7
City,Council unaiiimously adopted the following Resolution that
the Council of the City of Virginia Beach delete any time limitations
y @ranted by tlie
imposed under any trailei, variance prevlous. .
Planning Co,',Imission or City Council aiid that such trailers are now
considered non-confoi-niiig uses as established under the Comprehensive
e Citv Clerk to
Zoning Ordinace; Courcii fulther DiTected th I
advertise for a publj-(-- hc@aririg to I)e '@eld o,,i Niarcii 25, 1974:
tra3.liir vaiiances were
in
dur th@,past s
is3ion under Section
@ranr-ed by the City council and Planning Comm
of the Code of Princess Anne Count@y; and
v@i@ - oi- these trailer variances were approved for a
, - @S, so,-ie
o@-ri-od of one or t@,7o years; and
WiEREAs, Section 20-5 oL the code of Princess Anne CounLy,
C0.1--erning trailer variances, has been repealed by the Comprehensive
zoin-@Ing Ordinance oE the city o" Virginia Beach, Virginia; and
@.4HERE-AS, it is the desire and intention of the Counci-I of the
City of Vir@inia Beach to -remove such time limitations on such
variances for trailers and give the trail-ers the status of non-
conforming uses as permitted under the Comprehen3ive Zoning Ordinance.
T@FORE, BE IT RESOLVED BY THE COUNCIL OF -LHE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach hereby
deletes any time limitations imposed under any trailer variances
previously granted by the Planning Coamission or City Council and
that such trailers are now considered non-conforming uses as
established under the Comprehensive Z.Dning Ordinance.
2. That the City Clerk is directed to advertise such
resolution for a public hearina pursuant to 15.1-431, Code c.)f
Virginia, as amended.
Public Hearing: 'ivlarcli 25, 1974
Adopted:
COUi4CI"MAN CALLIS LEFT COUNCIL CHikMBERS
ITEM #6858
On motion by @ouncilman Ferrell, secoaded by Councilman Payne,
and by recorded vot-- as follows:
Ayes: Councilmen John A. Baum, Vice Mayor F. Reid Ervin, George
R. Ferrell, Charles W. Gardner, Clareqce A. Holland, Garland L.
Isdell, D. i@lurray Nlalbon, J. Curtis Pavne, and Floyd E.
@'iaterfield, Jr.
Navs: None
Absent: Co.uncilmen Robert H. Callis, Jr., and i@layor Robert B.
Cromwell, Jr.
City Council adopted the following Ordinance to amend and reordain
.Dection 5-5 of the Code of the City oE Virginia Beach pertaining to
the disposition of dead animals:
City 1,4anager
Requested by:,
AN OR-Dltl.AqCE TO @IEND A,@ID R-FO?,DATI,4 SEC-IION 5-3
OF THE CODE 0-F TIHE CITY 07 VIRGINIA BEACH,
VIRGITNIA, Pl-',@TAII@411,IIG TO THE DISPOSIJ-LIC)N OF
DEAD -A,\II.14ALS
BE -.@DAIN--D BY Tli7- COUNCIL OF THE CITY OF VIRGINIA BEACH,
'Th,4t Secri-on 5-5 cf the Code of the City of Virginia Beach,
Vi-r,.inia, be amended and reordaiued as follows:
Sacti6ri 3-5. Disoosition of Dead Animals.
Thz! o,,7ner of a.-.,17 animal which hqs died from disease or other
cause, @'nall creriate or bury or dispose of in a manner
authori-,@,d b,7 la-d'
.,r cause to be cre.,nated or buried or disposed
ui iri a -cy law, the remains of such animal. If
,@a owcla--- C-Z @uc@i i',- @@ails to do so, the Gereral District Court,
t7,, szl!: if tie can be ascertained, shall order
LO i)@.- -@r@'.@ated c)--- buried or disposed of in a manner
@'@ninal Coitrol and shall r--quire
(,-t:- -3 ea h um
)7 f Vir@inia B c t e s
;@,id @@or any
l@, '-I@l Of clollars, free from all encum-
riLe- i)-c"Visions
L SLII)jec@, a not-. tw--lnty dollars
:@c, ot@ City of ';il-gi
I -flia Beac,i, Virginia,
197-.
On motion.b)r Councilma@rt@Ferrell,;se'condecl by'Councilm-an Gardner,;@
and by recorded vote-as@,-follows:.
Ayes: C-ouncilman John A. Baum, Vice Nlayor F. Reid Ervin, George
R. Ferrell, Charles W. Gardner, Clarence A. Holland, Garland L.
Isdell, D. Murray ilalbon, J. Curtis Payne, and Floyd E.
Waterfield, Jr.
iNays: inone
Absent: Councilmen Robert H. Callis, Jr., and Mayor Robert B.
Cromi.iell, Jr.
City Ccuncil approved the following Ordinance to amend and
reo-da'@n Section 2-72 (1) of the Code of the City of Vir,inia
i3eacii relatin, to police powers for tlie City Ena.ineer and
Assistant City En,.@ineer:
Requested @oy: City @nager
Aii O,RDIiiANCE TO @iz-ND AND REORDAI@T
SECTION 2-72 (1) OF THE CODE OF THE
CITY OF VIRG!iqIA BEACH R'-zLATIiNG TO
POLICE POWERS FOR THE CIT-Y ENGTNEER
AND ASSISTAilT CITY ENGINEER
BE Ii- O-RDAIINIED BY TJE COUNCIL OF TIE CITY O'F NARGINIA BF-XCH,
,7!RC;INIA:
That Section 2-72 (1) 6f the Code of the City of Virginia Beach
is amenled and @eorclained by adding the following sentence:
Police powers are herebv conferred upon the City Enaineer
and Assistant City Engineer or desiqnated deputies or assistants
while engaged in performina- their duties, 4nd th--y shall exercise
all powers and authority of police ol@ficers in performina such
duties.
An emergency exists and this ordinance shall be effective from
date of adoption..
Adopted bv the Council oL@ the City of Vir.@inia Beach on the
day o l)74.
OUNCIL@@MW@CALLIS RFTURNEDTD@COUNCIL CH@IBERS.
ITEM #6860
On inotion by Councilman Ferrell, seconded by Councilman Isdell,
and by recorded vot-- as follows:
Ay--s: Counciimen Joh-q A. Bauia, Rober@ 14. Cailis, Jr., Vice ,Iayor
F. Reid Ervii, G--or@.e R. Ferrell, @lharies W. Gardner, Clarence A.
iiol-'Land, Garland L. Isdell, D. Niurray @ialbon, J. Curtis Pa,/ne, and
Floyd E. Ilaterfi--ld, Jr.
.1
,Nays: iione
Absent: i%layor Robert B. Cromwell, Jr.
city Council approved on first reading the followin@. ordinance
-o amend and reordain Sections 33-2, J-)-8 and 33-9 of the Code
L
of the city of Vir@inia Beach relatina to when taxes on real
estate and personal property are due aid payable:
Requested by: City 'tana@.er
AN ORDINAiqCE TO PU@EEND Ai'iD REORDAIN
SECTIONS 33-2, 33-8 AFID 33-9 OF THE
CODE OF THE CITY OF Vi@IGINIA 3EACH
RELATING TO T,@N TAXES ON REAL ESTATE
@TiD PERSONAL PROPERTY ARE DUE AiiD
PAYABLE
BE IT O@RDAINED BY TIE COUNCIL OF THv- CITY OF VIRGLNIA BEACH,
VIRGINIA:
That Section 33-2 of the Code of the City of Vir@inia Beach is
hereby amended and reordained to read as follo,,,s:
Third line thereof delete "June 20" and insert "June lo."
That Section 33-8 of the Code of the City of Vir@inia Beach i@
hereby amended and reordained to read as follows:
Setond line thereof delete "June 20" and insert "June lo."
That Section 33-9 of the Code of the City of Virginia Beach i-s
he-reby amended and reordained to read as follows:
Second line thereof delete "June 20" and insert "Ju-rie lo."
An emergency exists and this Ordinance shall ',-)e in full force
and effect fro-,n the date of adoption.
Fi-rst Readin@: March 4, 1974
Second Readina.:
Adopted by the Council of the City ol@ lir.@inia Beach, on the
day of 1974.
t7
n m6t i-on b'y" Cou. conded@b@@Councilman Baum, aiid'@
y recorded'vote-asAollows:
Ayes: Councilmen i A. Baum,@Robert H. Callis Jr., Vice Mayor
F. R--id Ervin, George R. Ferrell, Charles W. Gardner, Clarence A.
Hoi'-aiid, Garlaiad L. Isdell, D. ',Iurray 1.1albon, J. Curtis Payne, and
E. I.Vaterfi--ld, Jr.
Nays: inone
Absent: Mayor Robert B. Cromwell, @Ir.
City Council approved the request of the Department of Community
Services that $S700 be transferred from Refuse Collection bud.aet
code 631 (Automative Equipment) to Street Cleaning budget code
831 (Automotive Equipment) so that two Elephant Vac Street Cleaners
can be purchased. The purchase of these two clean--rs should remove
the -,iecessity for hirin@. additionai personnel and should provide
better service.
ITEM @'6862
0,-1 notion by Councilman Gardner, seconded by Councilman Payne,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor
F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarerice A.
Holland, Garland L. Isdell, D. Murray Malbon, J. Curtis Payne, and
Floyd E. Waterfield, Jr.
Nays: @,4one
Absent: Mayor Robert B. Cromwell, JT.
City Council appropriated $15,000 for the erettion of a s ecurity
fence along the eastern property line of th6 surplus property
to be acquired by the City of Virginia Beach adjacent to the
Dam Neck military reservation.
ITEM #6863
On motion by Councilman ISdell , SeCOTided by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor
F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A.
Holland, Garland L. Isdell, D. Murray %lalbon, J. Curtis Payne, and
Floyd E.,Waterfield, Jr.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council authorized the City Nlana@.er to execute standard water
and sewer agreements for Pinewood Village in the Kempsville Boroug.h.
ITEM #6864
Councilman Malbon made a inotion to reappoint Mrs. Walter Royal
to the Health, Welfare, Recreation, Planning Council for a term
of one year, seconded by Councilman IVaterfield, recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice i%layor
F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clare@-ice A.
Holland, Garland L. Isdell, D. Murray Nlalbon, J. Curtis Payne, and
Floyd E. Waterfield, Jr.
e@,) L
Vi c E,, i%iay , i
d 1, (laren(-e A.
1 t -tis Payne, @@nd
N'c, ie
Li fi c i. d ij!l 'ii,@i
k,fic unex!jired
e if@. t 3 t @i i a k i e Li@v de ' ,Io d e
i)IL lii,,iTt Payne,
V i c e "'4,1
l' R,!. (I A.
ti I ,l
P,,i,@,rFie , and
@4 T2
k;arld s i-i
@@i) c@n i i @j-
Cli cif b @),.l t
t),) t di ii 1.@' n
1 @a t ici ii
'Fiie staff lias b(@on ivorkiiig wi.tli tlie Reiii L:statc Division, along with
tiie City Attorneys office, to @IC(Itlire I)roperty of @ipproxinizitely 22 112
acros. Tlic proi)erty is @idjaceiit to tli,L Courthouse site, aiid an
agreement has becii r@,@ic-lieci ivitli the proper@ty owliers.
'Fliere are two parcels of property; tlie lai,ger parcel beloiiging to
@irs. Woodhousc liis tlie iiegotiated ,)rii-e of $176,000, and tile other
parcel of property beloiiging to Nlrs. Pricc has tlie negotiated price
of $SO,000. Tlic attorncys' fees @ind tlie enginceririg fees total
$4,000. Tlie total cost of tlie propertv is $230,000.
Funds are now availablc i.ii tlie, aittouiit @)f $134,000, and in order
to consulate thi.s sale it is iiecessary for Cou,,icil to approve
these negotiated prices and to furthei@ appi,ove $96,000, from the
General Fuiid, '-or tlic settleniciit on tht., property.
On motion by Counciljiian Payne, seconde,l by Counciliran Waterfield,
and by recorded vote as follows:
Ayes: Councilmen Jolin A. Baum, Robert H. Callis, Jr., Vice @layor
F. Reid Ervin, Geor@.o R. Ferrell, Cliartes W. Gardner, Clarence A.
Holland, Garlaii(l, L. D. Murra)@ '@Ialbon, J. Curt:is Payne, and
Floyd E. Waterfi.elcl, JT,.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council approved the acquisitioii c)f properties adjacent to
the Courtliotise site -for -,lie su,-n of $23,1,000; a,id further approved
the appropriation o' $,)6,000 from the @@er,(.,i-al Fund fl5r tlie
settlement of tiii-s I)IOI)ertv.
ITEM #68k8
Mrs. Freda Stanley, Vol-er Service Chaii-t@l@@ii, f)f the I,eague of
Women Voters, appeared before City (@oiir@cil regirding the
declaratioii of @larcl,, as Voters' F@c,.,istra-l-iori
The Vice Mayor -reqtlcste,-' a proclai,,,@itio(, b,-, prepared proclaiming
March as 'Votors' Regi.stration Mont'ri'.
ITEM #6869
Couiicilinan Gardner iiiade a motion, seco!idcJ by Councilman Bauni,
to withliold aiiy buildiiig permits on any prc)pcrty conceriied with
tiolly Avenue from 63rd Street to 71st ctrec!t, an(i requested the
City Atto-riiey to detorini,ic what I)ublic interc@st may be in this
property. The recorded vote is a.,; foll.ows@
Ayes: Councilmen Joliii A. Baum, ])Iot)ert 11. (@allis, Jr., Vice Mayor
F. Reid Ervin, Cliarics V;. Gardner, @@l@ii@eiice A. liolland, Garland L.
Isdell, and Flovd l@. Waterfield, Jr.
Nays: Councilnien @@'eorge R. Ferrell, r,. Nlurr@iy Malbon, and J.
Ciirtis Payne
AbseDt: @layor Rob(.,rt B. '@'romwell, Jr.
ITEM #6870
On motioii by Cotinciliiian Baui,,i, seconded by Councilman lvaterfield,
and by recorded vote as follows:
Ayes: Councilinen Jolin A. Biuni, Roberi@ Ii. Callis, Jr., Vice Mayor
F. Reid Ervin' George R. Ferrcll, Clial-les W. (7,ardner, Clarence A.
Holland, Garla.d I,. I,d@ll, D. @lu,ray Malbon, J. Curtis Payne, ancl
Floyd E. Waterfield, Jr.
Nays. None
Absent: Mayor Rot)ert B. Crom'Aell, Jr.
City Council will liold a closed meetiiig on Monday, March 11, 1974,
for the purpose of cliscussing items periiiitted for discussion
under Section 2.1-344, subparagrapli 2, 6, and 7 of the Freedom of
Information Act of the Conimollwealth of Virginia.
ITEM #6871
Vice Mayor E@rvin stated for tlie bene.flt of the public and
especially tlie League of Wonien Voters, that tlie City has a
copy of the CBS vidio tape of tlie Taiiil)a Story, liaving to
do with Tampas growth problems.
The Vice Mayor Further stated that Mr. E. Samuel Clay, Public
Information Officer, had made arrangeitients to show that vidio
tape at the next Council meeting, Mon(lay, March 11, 1974, before
the Coujicil ineeting.
ITEM #6872
On motioii by Councilinan Ferrell, seconded by Councilman Holland,
and by unanimous vote, the meeting adjourned.
Richard J Webbon, City Clor Robert B. Cromivell, r., ayor
City of Virginia Beach,
Virginia
March 4, 1974