JANUARY 22, 1973
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~nNUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
January 22, 1973
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e regular meeting of the Council of the City of Virginia Beach, Virginia
~is held in the Council Chambers -in the Administration Building, in the
Borough of Princess Anne, on Monday, January 22, 1973-, at 2:00 p.m.
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The invocation was given by Mr. Richard J. Webbon, City Clerk
Councilmen present: John A. Baum, Robert H. Callis, Jr. ,I Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardn~r, Clarence A.
Holland, D. Murray Malbon, J. Cur.tis Payne, Donald H. Rhofies, and Floyd
E. Waterfield, Jr. I I
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Councilman absent: George R. Ferrell
ITEM #5458
On motion by Councilman Malbon 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.
;"'1 lland, D. Murray Malbon, J. Curtis Payne, ,Donald H: Rhodes, and Floyd
Waterfield, Jr.
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Nays: None
Absent: Councilman George R. Ferrell.
City Council approved the Minutes of the Regular Heeting of January 15,
1973, and the reading of said Minutes dispensed with inasmuch as each
Ccuncilman had a copy of the subject minutes b~fore him.
ITEH #5459
REFERRED BACK TO CITY COUNCIL BY COURT ACTION:"
Application of London Bridge Estates by OwenB. Pickett, Attorney, for a Use
Permit to construct 320 townhouses on certain property located on the Sout~side
of Reagan Avenue and East and West sides of Wayman Lane, running a distance of
1668 feet more or less along the South side of Reagan Avenue of \'/hich 938 feet is
East of ~layman Lane and 740 feet is West of ~~ayman Lane, running a distance of
835 feet along the Western property line, and running a distance of 1458 feet more
or less along the Eastern property line. Said property is triangular in shape.
Plats \~ith more detailed information are available in the Office of the' Department
of City Planning. Said property contains 24.96 acres. (London Bridge Area).
LYNNHAVEN BOROUGH. -
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.The Planning Commission recommends approval of this use permit application subject
to a reduction from 320 townhouses to 300 townhouses. Site plan approval by the
Planning Department is required prior to the applic~tion for a building permit and
a provision of 15% usable open space for recreation is also required. The Real
Estate Division, Department of Community Services, requir~s a lO-foot dedication
of ri ght of way along the "1938 foot more or 1 ess frontage on Reagan Avenue and a
dedication of right of way 25 feet from the center line of the existing 20-f?ot
right of way along-the eastern and western frontage on Wayman Lane. The Englneer-
in9 Division of the Department of Community Services requires improvements along
~laYlllan Lane. The Health Departrr:ent t'C'qui n~s City V;,ol tel' and se\'Jl:'r and the School
Board requests the devclor~rls participation in the school site acquisition.
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Mr. Calvin Spain, Attorney, appeared on behalf of 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;, Hayor Robert B.
r~omwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A.
lland, D.. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd
Waterfield, Jr.
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Nays: None
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Absent: C~uncilman George R. Ferrell.
City. Council approved the above application of London Brifge Estates for i
Use Permit to construct 250 townhouses on certain property located on the
South side of Reagan Avenue and East and West sides of.War'man Lane, running
a distance of 1668 feet more or less along the South s1del of Reagan Avenue
of which 938 feet is East of Wayman Lane and 740 feet is West of Wayman Lane,
running a distance of 835 feet along the Western property' line, a~d runn~ng
a distance of 1458 feet more or less along the Eastern pr9perty lIne; saId
property is triangular in shape and contains 24.96 acres (London Bridge Area)
Lynnhaven Borough. The motion for approval is subject to the following
stipulations:
1, Site plan approval by the Planning Department is required prIor
to the application for a building permit.
2. A provision of 15% useable open space for recreation is required.
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3. A lO-foot denication of right of way along the 1938 foot more or
less frontage on Reagan Avenue and a dedication of right 6f way
25 feet from the center line of the existing 20-foot right of way
along the eastern and western frontage on Wayman Lane as required
by the Real Estate Division, Department of Community Services.
4. Improvements along Wayman Lane as requiYed~by the Engineering
Division of the Department of Com~unity Services.
5. City water and sewer as required by the Health Department.
6. The developer's participation in the school site acquisition as
required by the School Board.
7. That the applicant observe and keep out of the buildable area
any flood plain.
8. That the construction of the buildings be such as to provide the
maximum sound proofing in keeping with regional construction
practices.
9. That contracts for rental or sale of these apartments include a
provision with a warning to the tenant or buyer that the property
is in "Noise Zone Three".
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That all off-site public improvements required for this project
including traffic signalization or a portion of the cost of
traffic signalization and sewer pumping station be paid for by
the developer.
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ITHt #5460
Appllcat10n of Acquisition, Inc., -for a Use P_t~nn'\.!. to construct 600 motel
efficiency condominiums on certain property extending between Holly Road and
Pacific Avenue across from 40th Street, running a distance of 406.50 feet
along the West side of Pacific Avenue, runn'ing a distance of 908.03 feet along
the Northern property line, running a distance of 376.50 feet along the East
side of Holly Road, and running a distance of 852.79 feet along the Southern
property line: Said parcel contains 7.647 acres. (Cavalier Hotel-Galilee
Episcopal Church Area). VIRGINIA BEACH BOROUGH.
The Planning Commission recommends approval of this request subject to City
water and sewer required by the Health Department and a dedication of right of
way 30 feet from the center line of the existing right of way along the 376.50-foot
more or less frontage on Holly Road -required by the Real Estate Division. The
Engineering Division requires standard site plan review ~ihich shall include pave-
ment widening, curbs and sidewalks and storm drains as necessary along Holly Road;
sidewalk along Pacific Avenue shall be provided and entrances shall be a minimum
of 30 feet. The motion for approval suggests participation in sChool site acquisi-
tion.' . .
CITY COUNCIL WAS ADVISED BY THE CITY ATTORNEY THAT IT WAS NOT NECESSARY
TO ISSUE A USE PERMIT RELATIVE TO THE APPLICATION OF ACQUISITION, INC.
TO CONSTRUCT MOTEL-HOTEL EFFICIENCY CONDOMINIUMS ON CERTAIN PROPERTY
EXTENDING BETWEEN HOLLY ROAD AND PACIFIC AVENUE ACROSS FROM 40TH STREET
(CAVALIER HOTEL - GALILEE EPISCOPAL CHURCH AREA) VIRGINIA BEACH BOROUGH,
AS THE SUBJECT PROPERTY HAS BEEN ZONED MOTEL-HOTEL AND THEREFORE, DOES
NOT REQUIRE A USE PERMIT FOR SUCH CONSTRUCTION.
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ITEM #5461
Application of the City of Virginia Beach to amend the Motel-Hotel (M-R)
District. Section Ill. of the Master Zoning Ordinance of the City of Virginia
Beach (Virginia Beach Borough). More detailed information is available
in the Department of City Planning, Office of the City Clerk and the Virginia
Beach Branch Library. -
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The Planning Commission recommendation is unavailable at this time as the
proposed amendment baa been deferred by the Planning Commission until the
Public Hearing of February 13, 1973."
CITY COUNCIL DEFERRED CONSIDERATION OF THE ABOVE APPLICATION OF THE CITY OF
VIRGINIA BEACH TO AMEND THE ~10TEL-HOTEL (M-H) DISTRICT, SECTION III, OF TH~
MASTER ZONING ORDINANCE OF THE CITY OF VIRGINIA BEACH (VIRGINIA BEACH BOROUGHj :
AS THE PLANNING COMMISSION RECOMMENDATION IS UNAVAILABLE AT THIS TH1E AS THE
PPOPOSED AMENDMENT HAS BEEN DEFERRED BY THE PLANNING COMMISSION UNTIL THE
PUBLIC HEARING OF FEBRUARY 13, 1973.
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,ITEH # 5462 ".
Mr. Worth Womble relative to a rclC'3se plClt for recreation reservation for
Shannon Subdi vision,
On ~otion by Councilman Rhodes, seconded by Councilman Waterfield, and by
recorded vote as follows:
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es: Councilmen John A. Baum, Robert H. Callis, Jr., ~fayor Robert B.
. I omwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A.
Holland, D. ~1urray Malbon, .J. Curtis Paync, Don;:lld H. Rhodes, and Floyd
E. Waterfield, Jr. '
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Nays: None
Absent: Councilman George R. Fcrrell.
Ci.ty Council approved the request of Mr. Wortll ~omble for a release plat
fc'r recreation reservation for Sh~lnn(1n Subdivi sian and in licu thereof a
dc!dication of a three ncre contiguous parcel fOT recrcRtion in thc Brii'adoon
Sllbdjvision. '
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ITEM #5463
Application of Tidewater Montessori School for a Use Permit to operate a
day care center nursery on certain property located at the Northeast
corner of Independence Boulevard and Hinsdale Street extending Easterly
to Constitution Drive, and running a distance of 175 feet,alon9 the West
side of Constitution Drive. Said request is to be conducted in a portion of
'-f' the parcel now known as the property of Pembroke Manor United Church of Chri st.
(Pembroke Area). BAYSIDE BOROUGH.
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Planning Commission Recommendation:
A motion by tHe Planning Commission was passed for approval of a day care
center nursery. Said motion is subject to the following stipulation:
1. City water and sewer (Health Department).
Mr. Tracy Floyd appeared on behalf of the applicant.
On motion by Councilman Holland, seconded by Councilman Rhodes, 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, D. Murray Malbon, J. Curtis Payne, Donald II. Rhodes, and Floyd
E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell.
.CI~L ty Council approved the above appl ica tion of Tidewater Hontessori School
Ir a Use Permit to operate a day care center nursery on certain property
lcated at the Northeast corner of Independence Boulevard and Hinsdale
~~reet extending Easterly to Constitution Drive, and running a distance of
1~75 feet along the West side of Constitution Drive; said request is to be
conducted in a portion of the parc~l now known as the property of Pembroke
Manor United Church of Christ (Pembroke Are~) Bayside Borough; subject to
Clty water and sewer as required by the Health Department.
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ITEM #5464
Application of Kay Francis Reid for a Use Permit to construct 14 apartment
units on certain property beginning at a point 200 feet North of Brigadoon Drive
running a distance of 100 feet a~ong the Vlest side of Pleasure House Road, run-
ning a-distance of 220 feet along the Northern property line, running a distance
of 100 feet along the Western property line and running a distance of 223 feet
along the Southern property line. Said parcel is known as Lot 4, Plat of
Property Ovlned by Bayside Corporation and, contains 22,150 square feet more or
less. (Bradford Terrace-Chesapeake Beach Area). BAYSIDE BOROUGH.
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Planning Commission Recommendation:
A motion by the Planning Commission was passed for approval of a Use Permit for
apartment units. Said motion is subject to the following stipulations:
1. The density shall not exceed 10 one-bedroom apartment units.
2. City "later and sevIer. (Health) .
3. Developer provide active recreation area. (Parks and Recreation)
4. Standard site plan requirements. A.10-foot drainage easement shall
be dedicated to the City along th~ sout~ern property line. (Engin-
eering)
5. Suggest participation in school site acquisition.
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Mr. Calvin Spai.n1 Attorney, appeared on behalf of the applicant. .
Mr. Reid appeared on behalf of his own application.
Mr. Vernard F. Wagner, Jr., Mr. J. H. Agles and Mr. A. L. Wood appeared In
opposition to the above application.
Councilman Baum made a motion, which was seconded by.Vice }1ayor Ervin, to
.~\prove the above application of Kay Francis Reid for a Use Permit to
'~!nstruct six (6) apartment units on certain property beginning at a point
1'0 feet North of Brigadoon Drive (Bradford Terrace-Chesapeake Beach Area)
~uyside Borough; subject to stipulations 2, 3, 4 & 5 as set forth in the
Planning Commissions recommendations.
Councilmai Holland offered a substitute motion, which was seconded by
Councilman Rhodes, to approve the above application of Kay Francis Reid
for a Use Permit to construct 10-one bedroom apartment units on certain
property beginning at a point 200 feet North of Brigadoon Drive, Bayside
Bo~ough; subject to the recommendations of the Planning Commission and
further subject to an additional stipulation that the maximum footage
per unit be 900 square feet.
Recorded vote on the substitute motion as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Reid
Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis
Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell.
'~stain: Mayor Robert B. Cromwell, Jr.
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.,1 ty Council approved the above application of Kay Francis Reid for a Use
Permit to construct la-one bedroom apartment units on certain property
beginning at a point 200 feet North of Brigadoon Drive running a distance
of 100 feet along the West side of Pleasure House Road, said parcel is
known as Lot 4, Plat of Property owned by Bayside Corporation and contains
22,150 square feet more or less (Bradford Terrace-Chesapeake Beach Area)
Bayside Borough; subject to the following stipulations:
1. City wa~er and sewer as required by the Health Department.
2. Active recreation area being provided by the developer as
required by the Department of Parks and Recreation.
3. Standard site plan requirements as requested by the Engineering
Division of the Department of Community Services.
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4. A 10-foot drainage easement being dedicated to the City along the
southern property line as required by the Engineering Division of
the Department of Community Services.
S. The developer's participation in school site acquisition.
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6. A maximum of 900 square feet per unit.
. Spain indicated that the applicant would agree to a 900 square foot
I ximum per apartment unit.
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ITEM #5465 (a)
Application of Harold D. Pugh for a Use Pern~it for the sale and 'rental of-
recreational vehicles on certain property located on the Southeast corner of
Prince~s Anne Road and Arrowhead Drive, running a distance of 214 feet along
the South side of Princess Anne Road, running a distance of 146.23 feet along
the Eait side of Arrowhead Drive, running a distance of 212 feet along the
Southern property line and running a distance of 160.62 feet along the Eastern,
property line. Said parcel contains 33,496.9 square feet. (Arrowhead Industrlal
Park Area). KEMPSVILLE BOROUGH.
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Planning Commi?sion Recommendation:
A motion by the Planning Commission was passed for approv~l of a Use Permit for
the sale and rental of recreational vehi~les. Said motion is subject to the
following stipulations:
1. Servicing of the recreational vehicles is to be included.
2. City water and sewer. (Health Department)
3. Dedication of right of way 40 feet from the center line of
the existing 30-foot right of way along the 214-foot more
or less frontage on Princess Anne Road (25-foot dedication).
(Real Estate) .'
4. ,Standard site plan requirements and the estimated cost of
right of way improvements on Princess Anne Road shall be
placed in cash escrow with the _City. (Engineering).
Mr. Edward Caton, III, Attorney, appeared on behalf of the applicant.
Mr. Harold Pugh appeared on behalf of his own application.
Councilman Rhodes started to make a motion, then withdrew it.
Councilman Malbon made a motion, which was seconded by Councilman Payne to
approve the above application of Harold D. Pugh for a Use Permit for the
.~ lIe and rental of recreational vehicles on, certain property located on the
lutheast corner of Princess Anne Road and Arrowhead Drive (Arrbwhead
· ...I.ldus trial Park Area) Kempsvill e Borough; sub j ec t to the following s t ipula-
tions:
Servicing of the recreational vehicles'
1. Servicing of the recreational vehicles is to be included.
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2. City water, and sewer as required by the Hea~th Department.
3. Standard site plan requirements other than curb and gutter.
4. Use Permit limited to four years from the date of issu~nce.
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5. If the property is acquired by the leasee, the leasee agre~s to
a dedication of right of way 40 feet from the center line of the
existing 30-foot right of way along the 214-foot more or less
frontage on Princess Anne Road, site plan requirements of curb
and gutter and placing in ca~h"escrow with the City the estimated
cost of right of way improvements on Princess Anne Road.
6. The applicant agrees to waive any claim' for compensation for
condemnation within the term of his lease
,~tem 3 of the Planning Commission's recommendations was deleted]
t. I corded vote as follow.s:
Ayes: Councilmen John A. Baum, D. M~rray Malbon, and J. Curtis Payne.
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Nays: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, Charles W. Gardner, CJarence A. Holland; Donald
fl. Rhodes, and Floyd E. Waterfield, Jr.
Absent: Councilman George R. Ferrell.
The motion did not pass; therefore the applicatjon was denied.
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(b)
On motion by Vice Mayor Ervin, seconded by Councilman Waterfield, and: b~
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert II'. Callis, Jr., Hayor Robert B..
Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A;
Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd
E. Waterfield, Jr.
Nays: None
'~'sent: Councilman George R. Ferrell.
ty Council voted to reconsider the application of Harold D. Pugh for a
Use Permit for the sale and rental of recreational vehicles on certain
property located on the Southeast corner of Princess Anne Road and Arrowhead
Drive, Kempsvill~ Borough
ITEH #5465 (c)
On motion by Councilman Malbon, seconded by Councilman Gar~ner, and by
recorded vote as follows: I
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., Vice Mayor
F: Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon,
J. Curtis Payne, and Floyd E. Waterfield, Jr.
Nays: Councilmen Robert H. Callis, Jr. and Donald H. Rhodes.
Absent: Councilman George R. Ferrell.
City Council approved the application of Harold D. Pugh for a Use Permit for
the sale and rental of recreational vehicles on certain property located on
the Southeast corner of Princess Anne Road and Arrowhead Drive, (Arrowhead
'.'iustrial Park Area) Kempsville Borough. Said motion is subject to the
110wing stipulations:
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1. Servicing of the recreational vehicles IS to be included.
2. City water and sewer as required by the Health Department.
3. That the estimated cost of curb and gutter for the lOO-foot,
more or less, frontage on Princess Anne Road be placed, by the
applicant, by surety in escrow with the City and said surety
in escrow shall be released to theleasee if the subject improve-
ments h~ve not been required by the City before the expiration of
the four-year lease or in the event the leasee concels the lease
prior to the expiration of the stated term. However, the deposit
shall remain in escrow as long as Mr. Pugh is a tenant on the
property or in the event he becomes purchaser of same.
4. The Use Permit sha}l.be valid for the life of the lease, which
is for a term of four (4) years beginning from the date of this
approval (January 22, 1973).
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S. In the event the property is acquired by the applicant, he will
make a dedication of ri~ht of way 40 feet from the center line
of the existing 30-foot right of way along the 2l4-foot more or
less frontage on Princess Anne Road (25-foot dedication) as
required by the Real Estate Division, Department of Community
Services
[It is noted that Mr. Caton, Attorney representing the applicant
indicated that Mr. Pugh agreed to the above dedications should
he purchase the subject property.]
6. In the event that it becomes necessary for the City to condemn
a portion of the frontage on Princess A:lI1C Ro;:!d for right of \vay
improvements, the aprlic~lnt will voluntarily waive any participa-
tion or claim any right for the value of the lease-hold interc'st.
[The third stipulation set forth in the PLmning Commission's
recommendatiolls rcquC'stin,l!: a 2S-foot ripht of way dedicJtion
along pyj ncess Anne Hoad was clelctctl.]
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ITEM 115466
Application of Nonni, Cohen, Clark and Weisberg for a Use Permit to construct
453 apartment units on certain property located North of Holland Road East of
South Plaza Trail and West of Windsor Oaks Boulevard, running a dista~ce of 2305
feet more or less along the Southern property line, of which 320 feet is the North
side of Holland Road, running a distance of 650 feet more or less along the Western
property l!ne and runn!ng a d!stance of 2320 feet more or less along the. Northern
prop~rty 11ne and runnlng a dlstance of 1000 feet more or less along the West side
of Wlndsor Oaks Boulevard (proposed). Said parcel contains 28.3 acres. (Windsor
Oaks West Area). KE~lPSVILLE BOROUGH. I
Planning Commission Recommendation: I
A motion by the Planning Commission was passed for approval of a Use Permit for
apartment units. Said motion is subject to the following sti1ulayions:
1. The density shall not exceed 336 apartment units which/is based
on 28 acres at 12 dwelling units per acre.
2. City water and seitter. (Health)
3. Standard site plan requirements. (Engineering)
4. 15% of total acreage is to be developed for active recreation by
developer. (Parks and Recreation)
5. Suggest participation in school site acquisition.
Mr. Douglas Talbot appeared on behalf of the applicant.
On motion by Councilman Rhodes, seconded by Councilman Callis, and by
~~ecorded vote as follows:
res: Councilmen John A. Baum, Robert H. C~llis, Jr., Mayor Robert B.
"'J romwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A.
Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd
E. Waterfield, Jr.
.Nays: None
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Ab.sent: Councilman George R. Ferrell.
City Council approved the above application of Nonni, Cohen, Clark and
Weisberg for a Use Permit to construct 336 apartment units on certain
property located North of Holland Road, East of South Plaia Trail and
West of Windsor Oaks Boulevard (Windsor Oaks West Area) Kempsville Borough.
The motion for approval is subject to the following stipulations:
1. The density shall not exceed 336 apartment units which is
based on 28 acres at 12 dwelling-units per acre.
2. City water and sewer as rcquested by the Health Department.
3. Standard site plan requirements as requcsted by the Engineering
Division of the Department of Community Services.
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by the developer as requested by the Department of Parks &
Recreation.
5. The developer's participation in school site acquisition.
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6. The drainage easement is not to excced 100 feet; however, the
ultimate width will be determincd at the time of the site plan
approval.
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ITEH #S46'1
Application of Gertland, Inc., for a Use Permit to construct 555 apartments on
certain property located on the North side of False Cape Parkway (proposed)
and the East side of Indian Lakes Boulevard (proposed). Said parcel is known as
Section M-l of Indian Lakes Planned Unit Development as shown on the Plat by
Talbot, Wermers & Associates, Ltd., dated November 9,1972. Plats with more
detailed information are available in the Department of City Planning. (Indian
Lakes Area). KEMPSVILLE BOROUGH.
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Planning Commission Recommendation:
A motion by the Planning Commission was passed for denial- of a Use Permit to
construct 555 apartments. The motion for denial was based on the presenta-
tion tp the Planning Commission on the original Planned Unit Development re-
quest that there would be a minimum of two years, possibly three to five years
before construction would be started on the apartments; single family tesi-
dences would be built prior to apartments and townhouses.
Mr. Douglas Talbot appeared on behalf of the applicant.
Mr. Sam Houston, Sr. appeared in opposition to the above application.
On motion by Councilman Rhodes, seconded by Councilman Waterfield, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Hayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A.
Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd
E. Waterfield, Jr.
Nays: None
~~sent: Councilman George R. Ferrell.
,ty Council referred back ~o the Planning Commission the above application
"df Gertland, Inc., for a Use Permit to construct S55 apartments on certain
p~opertylocated on the North side of False Cape Parkway (proposed) and the.
East side of Indian Lakes Boulevard (proposed), said parcel is known as .
Section M-I of Indian Lakes Planned Unit Development as shown on the Plat
by Talbot, Wermers & Associates, Ltd., dated November 9, 1972 (Indian Lakes
Area) Kempsville Borough and requested that the application be readvertised
for the Planning Commission's agenda~
ITE1'1 # 5468
Application of Franklin E. Weigand, Jr., for a Use Permit to cdnstfuct 8
apartment units on certain property beginning at~ point 1130 feet'more or
less West of Birdneck Road~ running a distance of 75.70 feet alonq the South
side of Old Virginia Beach"Road, running a distance of 390 feet along the Eastern
property line, running a distance of 119.90 f:eet along the Southern property
line and running a distance of 316.90 feet along the Western property line.
Said parcel contains 1734 acres and is kno\tln as Tract "G" of the James Ben
Davis Estate. LYNNHAVEN BOROUGH.
l~f!o<"'l
Planning Commission Recommendation:
A motion by the Planning Commission was passed for approval of a Use Permit to
construct 8 apartment units. Said motion is subject to the following stipulations:
1. City water and sewer. (Health Department)
2. Suggest participation in school sitr acquisition.
3. Developer provide active recreation area. (Parks and Recreation)
4. Standard site plan rcquirements. A lO-foot drainage easement
along the vlest property 1 ine sholl Le dedicated to the City
with enclosed storm drain system as necessary. If marsh at
rear falls undcr Wetlands Ordin~nce. any development encroach-
ing on the marsh sllan rcC]uire neu-.",wy approvals. (Enaineering)
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't,lr. Dudley Cocke appeaTed on behalf of the applic:mt.
Mr. Franklin E. Weigand, Jr. appeared on behalf of his own <lpplication.
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, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd
E. Waterfield, Jr.
.:blrays: None
.l,sent: Councilman George R. Ferrell.
City Countil approved the above application of Franklin E. Weigand, Jr.
for a Use Permit to construct 8 apartment units on certain property begin-
ning at a point 1130 feet more or less West of Birdneck ~oad, running a
distance of 75.70 feet along the South side of Old Virgi~ia Beach Road,
running a distance of 390 feet along the Eastern property line, running a
distance of 119.90 feet along the Southern property line ~nd running a
distance of 316.90 feet along the Western property line; ~aid parcel
con tains 1734 acres and is known as Tract "G" of the Jame~ Ben D.. avis Es ta te ,
Lynnhaven Borough. Said motion is subject to the followi g stipulations:
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1. City water and sewer as required by the Health Department.
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2. Developer's participation in school site acquisition.
3. Developer provide active recreation area as required by the
Department of Parks and Recreation.
4. Standard site plan requirements. A IO-foot drainage easement
along the west property line shall be dedicated to the City
with enclosed storm drain system as necessary. If marsh at
rear falls under Wetlands Ordinance, any development encroach-
FI ing on the marsh shall require necessary approvals as required
by the Engineering Division of the Department of Community
Services.
ITEM #5469
Application of Howard Johnson's Restaurant for a Use Permit for dancing and
live entertainment on certain property located at-rhe Northeast corner of
Atlantic Avenue and 37th Street, running a d.;stance of 150 feet along the North
side of 37th Street, running a distance of 325 feet along the East side of
Atlantic Avenue, running a distance of 150 feet along the Northern property line
and running a distance of 325 feet along the Eastern property line. VIRGINIA
BEACH BOROUGH.
Planning Commission Recommendation:
A motion by the Planning Commission was passed for denial of a Use Permit for
dancing and l'ive entertainment. '
Mr. Lamar White appeared on behalf of the applicant.
On motion by Councilman Callis, seconded by Councilman Gardner, and by
recorded vote as follows:
.A,:res: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
'omwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, ClarencreA.
.111and, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd
~. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell.
City Counc i 1 referred back to t]l(l Pl anning Comm i, S sian t.he above appl ica t ion
of Howard ,Johnson's Restaurant fe ,( Use Pcrndt for d(lncing and live
entertainment on certain propcrt\ !lJca-ted ;it-th.:~ Northeast corner of Atlantic
Avenue and 37th Street, Vi rginLl J{C';!ch Borough.
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ITEM #5470
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. Application of Idlewhyle Inn and Motel, Inc., for a Use Permit to construct 12
efficiency motel units to replace existing 19-unit structure totaling 35 units on
certain property beginning at a point 50 feet North of 27th Street, and running a-
distance of 100 feet along the East side of Atlantic Avenue, running -a distance
of 158.65 fee~ along the Northern property line, running a distance of 100.74
feet along the Eastern property line and running a distance of 162 feet along the
Southern property line. Said parcel contains 16,000 square feet more or less.
VIRGINIA BEACH BOROUGH.
was passed for approval J a Use Permit to
Said motion is subject tp the following
Planning Commission Recommendation:
A motion by the Planning Commission
construct 12 efficiency motel units.
stipulation:
1. Standard site plan requirements. (Engineering)
~ASED ON A RULING BY THE CITY ATTORNEY, THE ABOVE APPLICATION OF 'IDLEWHYLE
[NN AND MOTEL, INC., DOES NOT REQUIRE ANY COUNCIL ACTION AS THE APPLICANT
- [S REQUESTING A USE PERMIT FOR A REDUCTION IN THE NUMBER OF UNITS PREVIOUSLY
\PPROVED.
ITEM #5471 (a)
"....'1
, Thomas C. Broyles, representing the applicant, Roll "R" Way Rinks, Inc.,
~ilted that he had contacted the land owner, Mr. W. W. Oliver, through his
Legal council to see if he would make a IS-foot dedication on Pleasure House
{oad and also a 20-foot drainage and utility casement dedication along the
~orthern property line. Mr. Broyles had, in hand, a letter from Mr. Oliver
;tating that he would not renegotiate his lease, which has been in existance
for ten-years nor agree to make the dedications requested.
~
)n.motion by Councilman Payne, seconded by Councilman Waterfield, and by
recorded vote as follows:
\yes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
:romwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A.
folland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd
3. Waterfield, Jr.
1;1aIs: None
\bsent: Councilman George R. Ferrell.
:ity Council voted to reconsider the application' of Roll "R" Way Rinks,
In:. for a Use Permit to operate a roller skating rink on certain property
lo:ated on certain propcrty beginning at a point 330.39 feet North of
t""': tory Road, and runnin;g a d i stance of 240 fee t along the Eas t s ide of
I ~asure House Road, Bays ide Borough.
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ITEM # 5471 (b)
Application of Roll "R" Way Rinks, INc., by Thomas C. Broyles, Attorney, for
- a Use Permit to operate a roller skating rink on certain property located
on certain property beginning at a point 330.39 feet ~orth of Victory Road,
running a distance of 240 feet along the East side of Pleasure House Road,
running a distance of 265 feet along the Northern property line, running
a distance of 240 feet along the Eastern prorerty line and running a distance
'-1 of 265 feet along the Southern property 1 ine. Said parcel contains 1.45
more or less acres. (Bradford Acres Area). BAYSIDE BOROUGH.
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Planning Commission Recommendation:
A motion DY the Planning Commission was passed for approval of a Use Permit to
operate a roller skating rink. Said motion is subject to the following stip-
ulations:
1. City water and sewer. (Health)
2. Standard site plan require~~ts. (Engineering). -
3. Waived the l5-foot dedication requested on Pleasure House Road inas-
much as the property is leased by the applicant. (Real Estate)
On motion by Councilman Holland, seconded by Vice Mayor Ervin, 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, D. Murray Malbon, J. Curtis Payne, Donald II. Rhodes, and Floyd
E. Waterfield, Jr.
Nays: None
#-'! sent: Councilman George R. Ferrell.
'. I ty Council approved the above application of Roll "R" Way Rinks, Inc.
for a Use Permit to operate a roller skating rink; subject to the following
stipulations:
1. City water and sewer as requested by the Health Department.
,.
2. Standard site plan requirements as required by the Engineering
Division of the Department of Community Services.
3. Waived the IS-foot .dedication requested on Pleasure House Road
and the dedication of a 20-foot drainage and utility easement
along the northern proJ;r:rty line.
ITEM /f5472
. .
fr. Grover Wright appeared before City Council to explain the Marketable
'itle Act.
In motion by Vice Mayor Ervin, seconded by Counc~lman Baum, and by recorded
ote as follows:
~~s: Councilm~n John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Dwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A.
~I land, D. Murray Malb6n, J. Curtis Payne, DonaJ.d H. Rhodes, and Floyd
. Waterfield, Jr.
ays: None
/'
bsent: Councilman George R. Ferrell.
ity Council adopted the following resolution pertaining to a Marketable
itlc Act and to request the General Asse~bly to consider enactment of such
. n Act at its present Session:.
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The regular In<'eting of the Council of the City of Virginia
Beach, Virginia, Has held in the Council Cham:)e)~s of the Adminis-
tration Building of the City on January 22, 1973, at 2:00 o'clock p.m.-
On motio~ by ~1t". Ervin and seconded by Hr. Baum
the following resolution was unanimously adopted.
'[ ,
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RES 0 L UTI 0 N
Requested by: Councilman Rei'd Ervin
WHEREAS, it is the opinion of the Council of th~ City of
I
Virginia Beach that a Marketable Title Act is desirable in the
Commonwealth of Virginia; and
lV'HEREAS, such an Ac t would tend to simplify land transactions
within the jurisdiction of the City of Virginia Beach.
THEREFORE BE IT RESOLVED BY THE COUNCIL OF TIill CITY OF VIRGINIA
BEACH:
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That the General Assewbly is requested to consider enactment
of a Harketable Title ,Act at its present: Session.
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BE IT FURTHER RESOLVED that the City Clerk is directed to _
forward a copy of this resolution to each member of the General
Assembly representing the City of Virginia Beaph.
ITE1-.1 #5473
)n motion by Councilman Halbon, seconded by Councilman Holland, and by
~ecorded vote as follows:
~es: Councilmen John A. Bau~, Robert H. Callis, Jr., Mayor Robert B.
:romwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A.
10:: land, D. Hurray Malbon, J. Curtis Payne,--Donald H. Rhodes, and Floyd
:. Waterfield, Jr.
lays: None
~~~nt: Councilman George R. Ferrell.
--I y Council approved the following Deed of Dedication from Sears, Roebuck
Co., pertaining to a right-turn lane on Independence Boulevard at
'~Ltbroke Mall Shapp ing Center:
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THIS DEED OF DEDICATION MrD GIFT, made this -
20th
day of
November
, 19 72, by and between SEARS, ROEBUCK AND CO., a New
York corporation authorized.tQ do business in th~ State of Virginia, first
'.
.
party, and CITY OF VIRGINIA BEACH, second party,
WITNESSETH:
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WHEREAS, the second part.y desires certain p~o:perty shown on a plat
t I I
entitled "Dedication of Property for Right - Turn Lane on Independence
I '
Boulevard at Pembroke Mall Shopping_ Center," for use as a public right-of-wa~r,
all for the benefit of the general public and can acquire same or similar
property in the area by condemnation and by the exercise of the power of
eminent domain; and
WHEREAS, the first party iq vlilling to-voluntarily transfer, contri-
bute, dedicate and.donate the property dedicated herein to the second party
in lieu of condemnation proceedings primarily for the benefit of the general
public;
1'-
,NOW,_ THEREFORE, in c.onsideration of the premises, the first party
does hereby GRANT, DEDICATE, TRANSFER, CONTRIBUTE and CONVEY unto the second
party with SPECIAL WARRANTY of title, follovling described re?-l property, to-
wit:
"':',1;1'-
~....-
ALL that certain parcel"or piece of land designated as
"Strip of Property to be Dedicated to the City of
Virginia Beach for street arid llighvray Purposes" on that
certain pJ o.t dat8d ,July 1972 as revised August 18, 1972,
enti tIed "Dedication of ProTlerty for Hie;ht - 'rurn Lane
on Independence Boulevard at PcmbroJ~e ~1a11 Shopping Center,
Bayside 1\or01.1011, Virc;ini.3. Beach, Vir[';inia," ma.cle by
Harsh and 1'.3.~c::i8r, Conslllt:i.nf, Enc~1 neers - ;.urveyors,
said }11n. t bci.n"~ l'ccord';d in the Clerk t s Office of t11e
Circlli t Court of the CHy of Virg:i.nia Beach simultaneously
herewi th' ,r"
,
1'1' BE:mG [l Vlri; of t,11,\ :::mv; )))"o}"'c:l'f-,y conve:n'rl to the f:i r:-:1',
party 11Y- (1(,,:'<1 Iht0d ,)::nWll';: (l, 1:\'): and duly recorded :i n
the nfo!'L';:a:i d C.Lcl'l~':; (;f'fj ce j n h:(~cl !IO:)}: is}(), at IJ'lifC
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WITNESS the fo1lowine signatures and seals.
,
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ATTEST:
('S"7" T )
Lr~_!
SEARS, ROEBUCK AND CO.
"fl/~/ ~ // / ~
;('Iit .'{.,;( ( _" (r'
L. S. 'Mc Yelland, Secreta-y
k~
Vice President
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Vrf V~
STATE OF ILLINOIS
COUNTY OF COOK, to wit:
I
,
!
I, Elizabeth G. Buvelot a Notary Public in and for the
I
County and state aforesaid, whose commission expires on the 27th day of
:.. ':'June
, 1976, do hereby certify that J. F. Kincannon and'
L. S. McClelland, whose na~mes are signed as Vice President and Secreta~i,
respectively, of Sears, Roebuck and Co. to the foregoing writing bearing
date on the
20thday of November .
, 19 72, have severally ackno':7lei,::'?-::,
the same before me in my County and state aforesaid.
Given under my and and notarial seal this 17th
day of
November
, 19 72.
III
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/ () Notayubl~c.
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ITEH #5~74
On motion by Councilman Holland, seconded by Councilman Rhodes, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert JI. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A.
Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd
E. Waterfield, Jr.
.~i'lYS : None
kJ?sent: Councilman George R. Ferrell.
City Council approved the following Ordinance appointing Viewers relative to
closing a portion of Greenfell Avenue in Bayside Borough:,
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ORDINANCE APPOINTING VIEWERS
WHEREAS, Elizabeth T~ Overcash, sOle! surviving
executrix of the Estate of R. E. Townsend, dec~ased, has given
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due and proper notice, in accordance with the statutes for such
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cases made and provided, that she would on this day 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 said Viewers, any, and if any, what inconvenience would
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result ftom the discontinuing of "the hereinafter described
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portion of Greenfell Avenue in the City of Virginia Beach,
Virginia, and has filed such application with the said Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
~
CITY OF VIRGINIA BEACH, VIRGINIA:
THAT,
C. C. Carrington, J. N. McClanan and
G. L. Hanbury, II
,
are hereby appointed to view the below described property and
report in writing to the Council on or before February 26th,
1973, whether in their opinion, any, and if any, what
inconvenience would result from the discontinuing, closing and
vacating of that part of Greenfell Avenue not heretofore closed,
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Virginia Beach, Virginia, and described as follows:
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That part of Greenfell Avenue as lies
between Virginia Beach Boulevard on the
south and Broad Street on the north and
between Lots 1 througl1'19, inclusive,
Block 31, and Lots 23 through 41, inclusive,
Block 30, as shown on tho [lat of Euclid
Place recorded in the Clerk's Office of
the Circuit Court of the Ci ty of Virginia
Bench, Virginia, in Map Book 4 at pages
62 and 63.
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ITEM #5475
The viewerst reports from Messrs. Hanbury and McClanan recommended that
StatiDn Street not he closed.
fhe viewer's report from Mr. Carrington recommended ihat Station Street be
~'Dsed .
. Ie Planning Commission recommended closure of Station Street.
Mr. Phillip Denm~n, Attorney, representing residents from Lakeville Estates,
requested that Station Street be closed.
On motion by Councilman Rhodes, seconded by Councilman Baum, and by recorded
vote as follows:
~yes: Councilmen John A. Baum, Robert H. Callis, Jr., ~1ayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A.
;{olland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd
6. Waterfield, Jr.
'~ays : None
\bsent: Councilman George R. Ferrell.
~ity Council approved the following Ordinance relative to closing a portion
>f Station Street in Kempsville Borough; subject to the retention of all
Itility easements and pedestrian and bicycle traffic being permitted useage
~'said portion of Station Street:
iii. I
ORDINANCE CLOSING, VACATING AND DISCONTINUING
STATION STREET, CITY OF VIRGINIA BEACH,
VIRGINIA .
WHEREAS, proper notice that Larry.E. Walter and Rebecca
Garrison Walter, husband and wife, et als, will make application
to th~ City Council of the City of Virginia Beach, Virginia, to
have the hereinafter tcscribed Station Street closed, vacated
and discontinued as a public street of the City of Virginia Beach,
was duly posted; and
WHEREAS, the land proprietors affected thereby have been
l~""-'"
duly notified; and
MJEREAS, said application was made to the City Planning
Commission and to the City Council of the City of Virginia Beach
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and pursuant to the statutes in such cases made and provided,
the Council appointed viewers wKo hale reported to the Council
that no inconvenience to the public or to private individuals
I would result from such closing, vacation and discontinuance; and
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WHEREAS, the City Planning Commission after proper notice
and hearing, has reported thereon to the Council; and
WHEREAS, it is the judgmcn t of the_ Council that said
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Station Street should be closed, vacated and discontinued; now,
therefore,
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BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Section 1. That the said street located in the City of
Virginia Beach, Virginia and hereinafter described, is hereby
closed, vacated and discontinued as a public street of the City
of Virginia Beach, Virginia, said street not being needed for
public use and travel:
'-,')
That certain road, known as Station Street, as set
out in red on the plat entitled "Subdivision of
'College Park' Section Two", duly recorded in the
Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 76, at page 47,
and with reference to said plat being more particularly
bounded and described as follows, to-wit:
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Beginning at a point in the eastern line of College
Park Boulevard as shown on said plat~ which point also
marks the southwestern corner of the area marked
"Greenbelt 'K'" on said plat, and from said point of
beginning running thence along the southern line of
said Greenbelt K, which line is also the northern line
of Station Street, on a course N. .620 37' 05" East a
distance of 835.78 feet to a point marking the northeast
corner of Station Street; thence turning and running
across Station Street on a course S. 290 13' 00" East
a distance of 30.02 feet to a point marking the southeast
corner of Station Street; thence turning and running along
the southern line of Station Street on a course S. 620 .
37' 05" West a distance of 926.53 feet}, more or less,
to the southwest corner of Station Strdet, where the
same is marked by the intersection of ~he southern
line of Station Street with the wester~ line of College
Park Boulevard; thence turning and running, along the
said western line of College Park Boulevard on a
curve to the right, having a radius of i19 54.86 feet, an
arc distance of 30.02 feet, morc or less, to a point
in the western line of College Park Boulevard; thence
turning and running across said College Park Boulevard
on a course N. 620 37' OS" East a distance of 90.75 feet
to the point of beginning.
Section 2. This closure, vacation and abandonment of
Station Street is granted expressly subject to any and all prior
easements, if any, previously held by the City of Virginia Beach
over, across or under said Station Street, which easements are
hereby specifically retained by said City. It is further
expressly understood that the closure, vacation and abandonment
'"
of Station Street, as hereby ordained, shall not, in any way,
operate to close, vacate or abandon any portion of any other
dedicated City street intersecting with said Station Street.
Section 3. That this closure, vacation and abandonment
of Station Street is granted expressly subject to the condition
that the closed, vacated and abandoned street shall not be
obstructed in any way by the abutting land owners and shall
be preserved for use by the general public as a public easement
for ingress and egress by foot and muscle-powered bicycle.
It is expressly understood that the area of Station Street
~o closed, vacated and abandoned shall not in any way be used by
~ny type of motor vehicle, inclu~ing motorcycles and mini-bikes.
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Section 4. That thirty (30) days after this date a copy
of this Ordinance, certified by the Clerk be spread upon the
public records of the Clerk's Office of the Circuit Court of
this City and indexed in like manner as a deed to land.
Adopted by the City Council of the City of Virginia Beach,
'''"''1'\
Virginia, on the 22nd
day of
January"
, 1973.
ITE1'1 #5476
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The viewers' reports from Messrs. Hanbury and McClananrecommended that
t. Josephine Crescent not be closed.
Mr. Carrington and the Planning Commission recommended closure of Josephine
Crescent, subject to a 20-foot utility easement being retained by the
City.
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Mr. Edward Caton, Attorney, representing residents of Avalon Hills, appeared
before City Council requesting closure of Josephine Crescent.
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On motion by Councilman Rhodes, 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, D. Murray Malbon, J. Curtis Payne; Donald H. Rhodes, and Floyd
E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell.
City Council approved the following Ordinance relative to closing a portion
of Josephine Crescent in Kempsville Borough; subject to retention by the City
of a 20-foot utility easement:
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CITY OF VIRGINIA BEACH
(ORDINANCE OF VACATION
, "J
AN ORDINANCE V ACA TING AND DISCONTINUING A
PORTION OF JOSEPHINE CRESCENT LOCATED AT
THE SOUTHERN EXTREMITY OF THE CUL...DE...SAC
OF JOSEPHINE CRESCENT, BOROUGH OF KEMPSVILLE,
CITY OF VIRGINIA BEACH, VA.
.....,',
WHEREAS, proper notice of the intended application of Warren J.
O'Connell and Vivian Haddock, by counsel, to be presente1 to the City
Council of the City of Virginia Beach on the lIth day of Detm~er, 1972,
and for the vacation of the hereinafter described parcel in the City of
!
Virginia Beach, Virginia, was on the 21st day of November, 1972, duly
posted at the Court House of the Circuit Court of the City of Virginia Beach,
Virginia, and at two other public places in the City of Virginia Beach,
Virginia, in conformity with the manner prescribed by Code of Virginia,
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~15. 1-364, for the institution of proceedings for the vacation of a public
j,:. I
street; and
WHEREAS, said application was made to the City Council of the
City of Virginia Beach on the 11th day of December, 1972, and in conformity
0:
with the manner prescribed by Code of Virgini;3., ~15.1...364, for the conduct
of such proceedings, the City Council of the City of Virginia Beach, Virginia,
on the 11th day of December, 1972, which was more than 10 days after
posting notice of the intended application as aforesaid, appointed C. C.
Carrington
J. N. McClanan.
, and G. L. H an bury, I I
,
as viewers to view such street and report in writing whether in their opinion,
any, and if any, what, inconvenience would result from discontinuing said
p',....~1
portion and the viewers have made such report to the City Council of the
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City of Virginia Beach, Virginia; and
WHEREAS, from such report a.nd other evidence, and after notice
:ATON 8: WRIGHT
ATTORNEYS AT LAW
11RGINIA BEACH, VA.
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to the land proprietors affected thereby, along the portion of the street
proposed to be vacated, it is the judgment of the City Council of the City
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of Virginia Beach, Virginia, that these proceedings have been instituted,
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conducted and concluded in the manne:~ prescribed by law, and that the
said parcel should be vacated and discontinued:
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of Virginia Beach, Virginia:
1. That the following described portion of a street, in the
Borough of Kempsville, City of Virginia Beach, Virginia, be, and the
same hereby is, vacated and discontinued:
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All that certain portion of Josephine Crescent located at
the southern extremity of the cul-de-sac of Josephine
Crescent; said parcel is described as running a distance
of 60 feet more or less along the northern property line
running a distance of ~5 feet more or less along the eastern
property line, running a distance of 70 feet more or less
along the southern property line, and running a distance of
5 feet more or less along the western property line, as
shown on plat of Avalon Hills in Map Book 49, at page 48.
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2. This ordinance shall be in effect from and after thirty (30)
days from the date of its adoption.
~
-3. A certified copy of this ordinance of vacation shall be
recorded as deeds are recorded, and indexed in the name of the City of
Virginia Beach in the Clerkrs Office of the Circuit Court of the City of
Virginia Beach, Virginia,' at the expense of the applicants, Warren J.
O'Connell and Vivian Haddock.
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ITEH It S4 77
The viewers' reports from Messrs. Carrington, Hanbury and McClanan recom-
mended that Beryle Avenue not be closed.
The Planning Commission recommended closure of Beryle Avenue, subject to a
20-foot utility easement being retained by the City.
Mr. Edward Caton, Attorney, representing residents from Avalon Hills, requestell
...."hat the proposed closure of a portion of Beryle Avenue be deferred.
On motion by Councilman Rhodes, seconded by Councilman Gardner, and by
recorded ~ote 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, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd
E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell.
City Council deferred for two (2) weeks [February 5, 1973] consideration of
the proposed closure of a portion of Beryle Avenue in Kempsville Borough.
ITEH #5478
The viewers' reports of Messrs. Carrington, Hanbury and McClanan recommended
that an unnamed street located east of Richland Drive, between lots 13 and
,~4, Avalon Hills, in Kempsville Borough not be closed.
Ile Planning Commission recommended that an unnamed street located east of
-*ichland Drive, between lots 13 and 14, Avalon Hills, in Kempsville Borough
not be closed.
Mr. Edward Caton, Attorney, representing residents of Avalon Hills, requested
deferral of consideration of closing an unnamed str~et located east of Richlani
Drive, between lots 13 and 14, Avalon Hills, in Kempsville Borough.
On motion by Councilman Rhodes, ceconded 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, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd
E. Waterfield, Jr.
Nays: None
A~sent: Councilman George R. Ferrell.
.~ity Council deferred for two (2) weeks [February S, 1973] consideration of
Ie proposed closure of_an unnamcd strcet locatcd cast of Richland Drive,
~tween Lots 13 and 14, Avalon frills, in Kempsville Borough.
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ITH1 ff5479 .
)n motion by Vice Mayor Ervin, seconded by Councilman Gardner, and by
'ecorded vote as fo110\\'s:
~yos: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
:romwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A.
Iolland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, a nd Floyd
~. Waterfield, Jr.
~,~,.;rs : None
sent: Councilman George R. Ferrell.
[n the matter of David T. Levine and Barbara F. Levine vs. City of Virginia
3each, et als - ~aw No. 15221 A, Decree of Circuit Court of the City of
lirginia Beach, Virginia, dated June 13, 1972) for a Use Permit to construct
384 apartment units on certain pro~erty located on East side of South
~ynrihaven Road beginning at a point on the East side of South Lynnhaven Road
lcross from Silina Drive and running a distance of S55 feet along the East
;ide of South Lynnhaven Road, running a distance of 1070 feet along the
'~orthern property line, running a distance of 1400 feet along the Eastern
Jroperty line and running a distance of 1030 feet along the Southern property
Line, Lynnhaven Borough; City Council, pursuant to the decree of the Circuit
:ourt of the City of Virginia Beach, Virginia, entered June 13, 1972, Law No.
L5221 A, hereby approves a Use Permit to construct 384 apartment units on the
lb)ve described property subject to site plan approval by the Department of
:::o:nmuni ty Services, City water and sewer, and dedication of easements and
rii~ht-of-way as set forth by the Planning Commission minutes of February 9,
1971.
ITEM #5480
:::ity Council deferred until February 5, 1973 consideration of the request of
~'e Mental Health and Mental Retardation Services Board that the City Council
propriate $50,000 to cover the cost of th~ Initiation and Development grant,
~~ich would be partially offset by an increase in anticipated revenue from the
Commonwealth of $25,000.
ITEM #5481
~t its meeting on November 27, 1972, City Council adopted a resolution
endorsing the Southern Standard Building Code and its companion Gas and
Plumbing Codes and the National Electric Code as the official State Codes.
Fifty-one other Virginia jurisdictions, including the entire Hampton Roads
area, also publicized their endorsements of the Southern Standard Codes.
Thirteen Virginia jurisdictions favor the BOCA Code.
The State Board of Housing has now publicized its intention to adopt the
BOCA Code as the uniform st~t~wide building code and to require the repeal
of all other conflicting codes, including Southern Standard.
On motion by Councilman Baum, seconded by Councilman Waterfield, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cro~wel1, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A.
[I<? lland, D. Murray Malbon, J. Curt i s Payne, Dona Id II. Rhode s, and Floyd
- 'Waterfield, Jr.
ys: None
Absent: Councilman George R. Ferrell.
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City Council adopted the following Resolution r~questing the City's representa-
tives to the General Assembly to support Senate nil] No. 612, Hhich will
guarantee a two-year grace period for the Southern Stundard Codes for t}le
transition to the BOCA Code:
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RES 0 L UTI 0 N
\'ftIEREP>.S, the League of Tidewater Inspectors at its
meeting on August 31, 1972, has given due consideration to the
Codes under consideration for a state-wide building code and
has determined that the BOCA Basic Building Code is 'inadequate
in fire protection in major buildings; and
WHE?~AS, the construction requirements for residential
buildings will be considerably less under the BOCA Basic Building
code than required under our present Southern Standard Building
Code; and
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~iHEREAS, the Southern Standard Building Code which is
used by a majority of the tO~NnS and cities in Virginia has been
found to be an excellent code, easily understood and administered
and incorporating all of the latest materials and methods of
constr:uction.
NOW, THEREFORE, be it resolved, that the city council
of the City of Virginia Beach hereby recommends that the Southern
Standard Building Code and its companion gas and plumbing codes
and the National Electric Code be adopted as official state-wide
Buildirg codes, and that administration and appeals concerning
the Uniform State-wide Building Code be continued as a matter of
local responsibility.
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Robert B. Cromwell, Jr. ll/
Mayor ~
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ITEJv\ # 5482
~n motion by Councilman Malbon, seconded by Councilman Holland, and by
-recorded vote as follows:
Ayes: Councilmen JohnaA. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwe 11, 'Jr., Vice t-1ayor F. Re id Ervin, Chari es W. Gardner, Clarence A.
Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd
E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell.
During its recent studies of the Virginia Beach City Jail, the State Depart-
ment of Corrections and Institutions recommended certain structural changes
within the City Jail. To implement the recommendations, City Council
approved the low bid for these improvements submitted by W. B. Meredith, II,
Inc. in the amount of $11,000 and approved an appropriation of $13,880 to
cover the bid amount and to make available $2,880 for architect's fees and
contingencies.
ITH1 # 5483
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n motion by Councilman Malbon, seconded by,Councilman Holland, and by recorded
ote 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.
I-Jolland, D. Murray Malbon, J. Curtis Payne, .Donald H. Rhodes, and Floyd
E. Waterfield, Jr.
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Absent: Councilman George R. Ferrell.
City Council approved the following Resolution requesting the City of Norfolk
to make a connection and to furr~~h water through a proposed water system,
located at Colonial Oaks, Lynnhavcn Borough:
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~{EnEAS, it is proposed by the City of Vircinia Beach, Virginia, at
the roquest of 'Jr.., HI ';"C'C',lc'J'l. ('omrKil1jl. .9nc., to extend in proposed vater
main in accordance with the oxisting contract bot\~en the City of Vireinia
Bench and the City of Norfolk, in ('ILlnJln!~ r~D.r()(J{i/' !
, in the streets listed 8S follo.....s: I
Size of Line~r
p~~ Feet
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A RFSOLtITlON REQUESTING THE CITY OF NORFOLK TO
MAKE A CONNECTION PJlD TO FURNISH WATEH THROUGH A
",'< \:q{;., PROPOSED WATER SYSTFli, LOCATED AT -...f.(l{n/'j/lnJ ,
n" I,,,,, IN TIlE CITY OF
VIRGINIA BEACH, F'UHTHEn DESCRIBED BELOW:
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Name ot
Street
.7 anq./.C'..U!ood .1 ~n~t 4" 525
Jang.f..ewooc1 J raAA.. 6" 2,270
n;O~I' Da'U\. CO[l-~t ,1 " 455
(J ~cM-6lJ- /lo.L! 0(1} PIace. 4" 110
me.adoU! cra~0 .t?oad 6" 2,035
mo~J. J.JoLtoUJ r.(r..c~ ,:] I' 175
Shadow cfall.Q. COIU,.t 4" 205
]!?.t~1 I- )/o.l-fow ~Ua.jj. 4" 340
,-, , lIaA~C'.~<\ rtlwJ 4" 425
r!/~,Q.~,{rlLJ
J 6" 285
t<. ,I Par.w..dc Plac,Q. Lf" 160
6" 1,125
COVQ3'Qd :f.?r-i..d.r1 e '.'/a),1- 4" 435
~~ J.Jwd,Q,~ I,.\- :"ood ~{!a( I- if" 435
t,~ ;
4';;':
nO/.t.~rvLnlJ- .7loVQ .1 ~n-i.,t <1 " \1' 435
. ; 7llaurn-iJl4 .'ho v 0, J~aU (jH 285
,:,..,t
Oah I '0 Ut.t".p, .f'uip (j" 830
all as described and shown on plan entitled,
No. of
H.vdrantl
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9olul. r. <;,{,I....inQ (lllL! ,1<-'/10(') .(,1 Q.(\
Enginoers,
r~Q \d" Q11m(>n;l~ J 1f.nn.
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V.{~n'{f\..{.a .'_,puc),_, Va..
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, NOW. THEREFORE, IlE IT HESOLVF.D, th:lt the City of llorfolk he and it
horeby ln, rcquo3ted to make u connoction of the propo:led water mains
\lith the present mains of auld City at tho f>n:td designation, and upon
c'Ompletion of the instnllation of the proposed maina, to supply water to
'conournere rooidinr, thoreon, it being exrre~G]Y undcrntood and agreod
thnt the supplying of said water by the City of Norfolk shall be upon and
subject to the following terms and conditionol
1. That the said water mains ahall be installed ~l nccordance with
the epec1fications of tho said City of Norfolk and to tho. satisfaction
of the Director of Public Works of aaid City, at no cost to tho City of
Norfolk.
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2. That the wAter so supplied throur,h said mnins to consumers shall
be at the snme rate no....., or herenSter, chcu.tied by the City of Norfolk to
consumers heyond the limits of suid City oimilnrly situated.
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J~ That all ordinances of the City of Norfolk nnd all rules and
regulAtions of the Division of Wntor Supply of said City, now or hereafter
adopted and put into effect, rclntinG to the furni::hin[ of water shall
apply to the aupplyinG of \later through the said propoGed rnHin~.
4. That the aaid City of tJorfolk shan be under no ObligJtion to
furnish more water than its distriLution s:n:;tmn as now lnid, with the
pressure curried, \/ill deliver into said mains, and if the said supplying
of \Ie ter shall not be in accordanco with the standard service, ,the said
City of Norfolk shall not be held responsible in MY way. .
5. That in supplying water to consu~ers along the said proposed ma~a,
the City of Norfolk will supply the srrme only from its surplus supply, and
thnt in no event shall there be any obligation on the part of said City to
oupply \later to MY consumers alone the proposed mains at any time when,
in the judcement of the Council of the said City of Norfolk, the said City
shall not have sufficient supply fpr use within its corporate limits, or
whenever the nupplyine of said water sholl interfere with the discharge
of the duty of said City to supply wnter to its own inhHbitnnts.
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6. That from and after the installation of the water mains and
hydrants they shall become the property of the City of Virginia Beach.
The City of Virginia Rench shall LTant to the City of Norfolk the right
to use such mains and hydrants for the supply of water, nnd further grants
to the City of Norfolk ready and reasonable access to them.
7. That for ll11Y fire hydrant installed pt t.he request of t.he City of
VirGinia Bench, a rental payment of One lhmdred Dollar"s ($100.00) a year
tor each hydrant shall be paid to the City of Norfolko
ADOPrED DY THE COUN~CIL of the City 0(, Vt:glnia P.oach,
11)l4,,{. day of (](; <(i'_' ";,; ..
V1r)1~Q1a this
19,zL..
APPROVED:
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Cl~rk of the Council
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ITEM #5484
n motion by Councilman Rhodes, seconded by Councilman Holland, and by
lecorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Ji., Mayor Robert B.
Cromwell, Jr., V~ce Mayor F. Reid Ervin, Charles W. Gardner, Clarence A.
Holland, D~ Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd
E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Fcrrell.
As February 19, 1973 is a legal holiday, City Council directed the Planning
Commission to advertise the zoning matters t}lat would normally come up on
~hat date for the Regular Council Meeting of February 26, 1973.
ITEM #5485
On motion by Councilman Rhodes, seconded by Vice Mayor Ervin, and by recorded
vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
~""I":romwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A.
folland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd
. 1,3, Waterfield, Jr.
Nays: - None
.\bsent: Councilman George R. Ferrell.
City Council adopted the following Resolution requesting that the General
Assembly of the Commonwealth of Virginia dedicate to the City of Virginia
Beach approximately 25 acres of what is thought to be State owned property
on the western banks of the Lynnhavcn Inlet, directly adjacent to the
south side of Lessner Bridge;
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The regular meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Clv,:mbers of the
Administration Building of the City on January 22, 1973, at
two o'clock p.m.
On motion by Mr. Donald H. Phodes and seconded by J1r.F. Reid Ervin
the following resolution was unanimously adopted:
RES 0 L UTI 0 N
WHEREAS, the U. S. Army Corps of Engineers maintains an
inlet in the Lynnhaven River; and
WHEREAS, such maintenance is on ~ bienni4l basis requiring
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approximately 20 to 25 acres of spoil area; arid
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WHEREAS, it is the responsibility of the City of Virginia
Beach to provide for the U. S. Army Corps of Engineers sufficient
spoil area in order to ensure continued Raintenance dredging; and
t.JHEREAS, a permanent spoil area would not only allow for the
maintenance dredging of the Lynnhaven Inlet, but, also, supply
sand for municipal projects such as sand replenishment to the
beach by truck haul, or borrow material for municipal highway
projects.
THEREFORE, be it resolved that the~City Council of the City
of Virginia Beach will request that' the General Assembly of the
Commonwealth of Virginia dedicate approximately 25 acres of State
owned land on the Western banks of the Lynnhaven Inlet directly
adjacent to the South side of the Lesner Bridge.
If the General Assembly a'grees to such dedication, the City
of Virginia Beach would perform the necessary survey in order to
assist the Commonwealth in clearing title.
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ITEH #5486
Vice Mayor Ervin indicated his feeling that Council should determine whether
or not the City has any responsibility in connection with the maintenance of
the spill-way on Trant Lake.
ITEM #5487
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Vi.ce Mayor Ervin requested the City Manager to have ~is staff formulate
recommendations for Council's consideration on how to deal with the
different dedications of right of way on future applications, particularly
in situatiDns wh~re property is being leased.
ITEM #5488
Councilman Gardner presented to the Councilmen, for their tonsideration,
a proposed bill that he would like introduced at the General Assembly
r(~lative to the sale and exhibition to minors of indecent publications,
pictures and articles.
ITEM ft5489
Due to a potential traffi~ hazard, Admiral McCain and Mrs. Deon appeared in
opposition to the extension of East Oceanview Road into Sandy Bay Drive,
which has been proposed to connect Chesapeake Beach with Baylake Pines.
On motion by Councilman Holland, seconded by Councilman Rhodes, and by
recorded vote as follows:
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yes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
H.Tomwell, Jr., Vice IvIayor F. Reid Ervin, CJ13.1'le5 W. Gardner, Clarence A.
Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd
E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell.
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City Council directed the City Manager not to require the proposed extension
of East Oceanvie-w Road into Sandy Bay Drive as this connection would create
a traffic hazard.
ITEM #5490
Councilman IIolland,requested the City Manager to supply information indicat-
ing the basis for the 20% tax on the service charge in addition to the 20%
tax on the water about which he had receive~ complaints.
ITm1 # 5491
....(:ouncilman Holland informed Council of the possibility that St. Brides Farm
ight be turned into a Juvenile Rehabilitation Center and requested Council
o consider thc possibility of p~rticipation with the State and other cities
· .I.n the area in the formulation of this facility, should it be determined
that a post-sentencing centcr is needed.
ITHf # 5492
~/r. Wilson Chnplin appeared beforc Ci ty (ounei:! requcsting that Council
Tcconsider and adopt a ltcsolution support-ing ](,ca1 option for pari-mutual
betting.
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ITEH # 54'93
On motLon by Councilman Holland, seconded by Councilman Payne, and by recorded
vote as {OllowS;
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, D. Murray Malhon, J. Curtis Payne, Donald H; Rhodes, and Floyd
~-, Waterfield, Jr.
lYS: None
Absent: Councilman George R. Ferrell.
Ci,ty Council not~d its intention to hold a closed meeting on February 5,
1973 for the purpose of discussing items permitted for discussion under the
Freedom of Information Act of the Commonwealth of Virginia.
ITEM #5494
seconded by Councilman Malbon, and by unanimous
Robert B. Cromwell, Jr., Mayor
City of Virginia Beach,
Virginia
'-'nuary 22, 1973
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