APRIL 2, 1973
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MINUTES OF THE HONORABLE CITY COUNCIL
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OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
April 2, 1973
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The regular meeting of the Council of the City of Virginia Beach,
Virginia was held in the Council Chambers in the Administration~
Building in the Borough of Princess Anne, on Monday, April 2, 1973,
at 2:00 p.m.
The invocation was given by the Reverend Robert B. Bradford, Thalia
Trinity Presbyterian Church, Virginia Beach, Virginia.
Councilmen present: John A. Baum, Mayor Robert B. Cromwell, Jr., Vice
Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A.
Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd
E. Waterfield, Jr.
Councilman absent: Robert H. Callis, Jr.
ITEM #5699
On motion by Councilman Waterfield, seconded by Councilman Baum, and
by recorded vote as follows:
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Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., Vice
Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence
A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhod~s, and
Floyd E. Waterfield, Jr.
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Nays: None
Absent: Councilman Robert H. Callis, Jr.
City Council approved the Minutes of the Regular t1eeting of March 26,
1973, and the reading of said Minutes dispensed with inasmuch as each
Councilman had a copy of the subject minutes before him.
ITEH #5700
Mrs. Jeffery Bonomo appeared before City Council on behalf of the
organization "Fight Inflation Together" (FIT) requesting Council's
support in the battle against inflation.
On motion by Councilman Rhodes, seconded by Councilman Malbon, and by
recorded vote as follows:
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Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., Vice
Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence
A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and
Floyd E. Waterfield, Jr.
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Nays: None
Absent: Councilman Robert H. Callis, Jr.
City Council adopted the following Resolution:
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RES 0 L UTI 0 N
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WHEREAS, the City Council of the City of Virginia Beach,
Virginia, is aware of the efforts being made by our citizens to
fight circumstances in our Country which have led to highly inflated
prices for commodities in general,
NOW, THEREFORE, in support of this effort, the City Clerk
is directed to forward this Resolution from the Council expressing
protest of the high prices to Senator Harry F. Byrd, Senator William
L. Scott, Congressman G. William Whitehurst, and Congressmen R. W.
Daniels for this guidance in future federal government actions in
reducing inflation.
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ITEH #5701
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Application of Holland Rose Company for a Change of Zoning from Residence
Suburban District 4 (R-S 4) to limited Commercial District 3 (C-l 3) and from.
Residence Suburban District 4 (R-S 4) to Multiple Family Residence District
(R-t4) and from General Commercial District 3 (C-G 3), Limited Commercial'
District 3 (C-L 3) and Residence Suburban District 4 (R-S 4) to Multiple Family
Residence District (R-M) on certain property located West of Holland Road and
South of Rosemont Road:
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Parcell: Change of zoning from R-S 4 to C-L 3: Beginning at a point 250 feet
South of Rosemont Road and 500 feet West of Holland Road, running a distance of
6~5 feet along the Northern property line, running a distance of 1350 feet along
the Eastern property line and running a distance of 825 feet along the Southern
property line and running a distance of 850 feet along the Western property line.
Said parcel contains 17.5 acres more or less.
Parcel 2: Change of zoning from R-S 4, C-L 3 and C-G 3 to R-M: Beginning at a
point 2000 feet South of Rosemont Road and running a distance of 1170 feet along
the West side of Holland Road, running a distance of 1695 feet along the Southern
property line, running a distance of 1150 feet along the Western property line
and running a distance of 1340 feet along the Northern property line. Said
parcel contains 20.4 acres.
Parcel 3: Change of zoning from R-S 4 to C-L 3: On certain property located at
the Northwest corner of Dahlia Drive and Rosemont Road Extended, running a distance
of 270 feet along the West side of Rosemont Road Extended, running a distance of
430 feet along the Southern propel~ty line, running a distance of 410 feet along
the Western pr'operty line and running a distance of 430 feet along-the Northern
property line. Said parcel contains 3.5 acres. (Green Run Area). PRINCESS
ANNE BOROUGH.
Planning Commission Recommend~tion:
A motion by the Planning Commission was passed for approval of changes of
zoning as requested. Said motion is subject to the following stipulations:
1. City water and sewer. (Health)
2. Suggest participation in school site acquisition.
3. Water and sewer 1 ine fees required. (Publ ic Util ities)
4. Standard site plan requirements. The proposed road between Parcels
1 and 2 shall be 4 lanes diviaed within SO-foot right of way; standard
widening with curb and gutter, sidewalks, etc., required on Holland Road.
Right turn lanes shall be provid~d at entrances to commercial area. Entrance
to multi-family (Parcel 2) shall ialign opposite entrance to commercial
(Parcell). (Engineering) .
5. Applicant shall provide recreation/open space as follows: 13 acres
as required for 128 acres of single family tract and 3 acres as required for
20 acres of multi-family tract. (Parks and Recreation).
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Mr. Patrick L. Standing appeared on behalf of the applicant.
On motion by Councilman Payne, seconded by Councilman Rhode~, and bj
recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., Vice
Mayor F. Reid Ervin, George R. Ferrell, Charles lv. Gardner, Clarence
A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and
Floyd E. Waterfield, Jr.
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Nays: None
Absent:
Councilman Robert H. Callis, Jr.
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City Council approved the above application of Holland Rose Company for
a Chan~e of Zoning from Residence Suburban District 4 (R-S 4) to
Limite Commercial District 3 (C-L 3) and from Residence Suburban
District 4 (R-S 4) to Multiple Family Residerice District (R-M) and from
General Commercial District 3 (C-G 3), Limited Commercial District 3
(C-L 3) and Residence Suburban District 4 (R-S 4) to Multiple Family
Residence District (R-M) on certain property located West of Holland
Road and South of Rosemont Road:
Parcell: Change of Zoning from R-S 4 to C-L 3: BegInning at a point
250 feet South of Rosemont Road and 500 feet West of Holland Road,
running a distance of 67.5 feet along the Northern property line, run-
ning a distance of 1350 feet along the Eastern property line and running
a distance of 825 feet along the Southern property line and running a
distance of 850 feet along the Western property line. Said parcel con-
tains 17.5 acres more or less.
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Parcel 2: Change of Zoning from R-S 4, C-L 3 and C-G 3 to R-M:
Beginning at a point 2000 feet South of Rosemont Road and running a
distance of 1170 feet along the West side of Holland Road, running a
distance of 1695 feet along the Southern property line, running a dis-
tance of 1150 feet along the Western property line and running a distance
of 1340 feet along the Northern property line. Said parcel contains 20.4
acres.
Parcel 3: Change of Zoning from R-S 4 to C-L 3: On certain property
located at the Northwest corner of Dahlia Drive and Rosemont Road
Extended, running a distance of 270 feet along the West side of Ro~emoLt
Road Extended, running a distance of 430 feet along the Southern pro-
perty line, running a distance of 410 feet along the Western property
line and running a distance of 430 feet along the Northern property
line. Said parcel contains 3.~ acres. (Green Run Area). PRINCESS
ANNE BOROUGH.
Approval of this application is subject to the following stipulations:
1. City water and sewer. (Heal th Department)
2. Suggest participation in school site acqusition.
3. Water and sewer line fees required. (Public Utilities)
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4. Standard site plan requirements. The proposed road
between Parcels 1 and 2 shall be 4 lanes divided within
80-foot right of way; standard widening with curb and
gutter, sidewalks, etc., required on Holland Road.
Right turn lanes shall be provided at entrances to com-
mercial area. Entrance to multi-family (Parcel 2) shall
align opposite entrance to commercial (Parcel L).
(Engineering Division)
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5. Applicant shall provide recreation/open space as follows:
13 acres as required for 128 acres of single family tract
and 3 acres as required for 20 acres of multi-family tract.
(Parks and Recreation Department)
6. If any traffic ~ignalization is required due to the traffic
g?nerated by thIS development, the cost of such improvements
WIll be borne by the applicant.
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ITEH #5702
Application of Shore Drive Assoc., for a Use Permit to construct 492 motel.
condominium apartments on certain property-Tocated on the North side of Shore
Drive beginning at a point 200 feet more or less East of North Great Neck
Road, running a distance of 1085 feet more or less along the Southern pro-
perty line of which 935 feet more or less is the North side of Shore Drive,
running a distance of 643.64 feet along the Eastern property line, running
a distance of 963.54 feet along the Northern property line and running a
distance of 752 feet along the Western property line of which 215 feet is
the East side of North Great Neck Road Extended. Said parcel contains 15.1
acres more or less. (Seaview Beach Area). lYNNHAVEN BOROUGH.
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Planning Commission Recommendation:
A motion by the Planning Commission was passed for approval of this request.
Said motion is subject to the following:
1. Water and sewer line fees required. (Public Utilities)
2. City water and sewer. (Health)
3. Recommend approval if facilities are provided as shown on site plan
dated January 9, 1973. (Parks and Recreation)
4. Suggest participation in school site acquisition.
5. Standard site plan requirements to include:
a. A twelve-foot pavement widening with curb and gutter, sidewalks and
storm drains as necessary along frontage on Shore Drive.
b. Two entrances only shall be allowed on Shore Drive; these shall be
located 500 and 1 ,000 feet from Great Neck Road.
c. Median crossovers with 200-foot left turn lanes shall be constructed
by developer at each entrance on Shore Drive.
d. Crossovers with left turn lanes should be provided on Shore Drive
opposite the site1s access points. -
e. An additional entrance shall be provided off Great Neck Road; from
this entrance to Shore Drive, the developer shall construct 30 feet of pavement
with curb, gutter and sidewalks along the frontage on Great Neck Road.
f. A 200-foot left turn lane adjacent to eastbound lanes on Shore Drive
at Great Neck Road shall be' constructed by developer and the cost for additional
signalization at this intersection shall be borne by the developer~
g. A 30-foot unobstructed public easement from mean high water shall be
dedicqted to the City of Virginia Beach along the bay side.
h. All storm drainage shall be suitably routed to the bay.
i. Dune line between proj~ct and mean high water must be maintained at
elevat~on 16.0 feet mean sea level) other~ise a City standard bulkhead with top
elevatlon of 10 feet mean sea level shall be constructed along beach frontage and
reviewed by the City Engineer.
j. No grading of site shall occur without first obtaining permission
from the City of Virginia Beach. (Engineering and Planning)
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Mr. Seawright appeared on behalf of the applicant.
On motion by Vice Mayor Ervin, seconded by Councilman Halbon, and by
recorded vote as follows:
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Ayes: Counci 1men John A. BaUJn, Mayor Robert B. Cromwe 11,' Jr., Vice
Mayor F. Reid Ervin, George R. Perrell, Charles W. Gardner, Clarence
A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and
Floyd E. Waterfield, Jr.
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Nays: None
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Absent: Councilman Robert H. Callis, Jr.
City -Council approved the above application of Shore Drive Assoc., for
a Use Permit to construct 492 motel condominium apartments on certain
property located on the North side of Shore Drive beginning at a point
200 feet more or less East of North Great Neck Road, running a distance
of 1085 feet more or less along the Southern property line of which 935
feet more or less is the North side of Shore Drive, running a distance
of 643.64 feet along the Eastern property line, running a distance of
963.54 feet along the Northern property line and running a distance of
752 feet along the Western property line of which 215 feet is the East
side of North Great Neck Road Extended. Said parcel contains 15.1 acres
more or less. (Seaview Beach Area). LYNNHAVEN BOROUGH. Approval of
this application is subject to the following stipulations:
1. Water and sewer line fees required.
Division)
(Public Utilities
2. City water and sewer.
(Health Department)
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3. Recommend approval if facilities are provided as shown on
site plan dated January 9,1973. (Parks and Recreation
Division)
4. Suggest participation in school site acquisition.
5. Standard site pla~ requirements to include:
a. A twelve-foot 'pavement widening with curb
and gutter, sidewalks and storm drains as
necessary along frontage on Shore Drive.
b.
Two entrances only shall be allowed on Shore
Drive; these shall be located 500 and 1,000
feet from ,Great Neck Road.
d.
Median crossovers with 200-foot left turn lanes
shall be constructed by developer at each entrance
on Shore Drive.'
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Crossovers with left turn lanes should be pro-
vided on Shore Drive opposite the site's access
points.
e. An additional entrance shall be provided off
Great Neck Road; from this entrance to Shore Drive,
the developer shall construct 30 feet of pavement
with curb, gutter, and sidewalks along the frontage
on Great Neck Road.
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f. A 200-foot left turn lane adjacent to eastbound
lanes on Shore Drive at Great Neck Road shall be
construct'eti by developer and the cost for additional
signalization at this intersection shall be borne bv
the developer. '
g. A 30-foot unobstructed public easement from mean high
water shall be dedicated to the City of Virginia Beach
along the bay side.
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n. All storm drainage shall be suitably routed to the bay.
1. Dune line between project and mean high water must be
maintained at elevation 16.0 feet mean sea level,
otherwise a City standard bulkhead with top elevation
of 12 feet mean sea level shall be constructed along
beach frontage and reviewed by the City Engineer.
j. No grading of site shall occur without first obtain-
ing permission from the City of Virginia Beach.
(Engineering and Planning)
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ITEM #5703
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Application of Edwin S. Brock for a Chan~ of zonint from Rural Residence
District (R-R 1) and Residence Suburban District 3 R-S 3) to Residence
Suburban District 2 (R-S 2), Multiple Family Residence District (R-M) and
limited Commercial District 3 (C-L 3) and a Use P~rmit to construct 90
single family cluster units (townhouses) on certain property beginning at
a point 750 feet more or less West of Haygood Road, running a distance of
350 feet more or less on the North side of Newtown Road, bounded on the
West by Bayside Junior High School and bounded on the East and North by
lake Smith.
Parcell: Change of zoning from R-S 3 and R-R 1 to R-S 2: 175 acres more
or less.
Parcel 2: Change of zoning from R-S 3 to C-L 3: 4.2 acres.
Parcel 3: Change of zoning from R-S 3 and R-R 1 to R-M: 18 acres.
Parcel 4: Change of zonlng from R-S 3 and R-R 1 to R-M and a Use Permit
to construct 90 single family cluster units (townhouses): 27.4 acres.
Plats with more detailed information are available in the Department of
City Planning. (Bayside Junior High School Area). BAYSIDE BOROUGH.
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Planning Commission Recommendation:
A motion by the Planning Commission was passed for approval of this request.
Said motion is subject to the following:
1. Water and sewer line fees required. (Public Utilities)
2. Standard site plan and subdivision requirements. Five Forks Road
shall be improved from western property line to eastern property line in
accordance with City standards for a full four lane gO-foot road section in-
cluding curb and gutter, sidewalks and storm drains; provide a 60-foot right
of way with full improvements for the collector leading from Newtown Road north
into the project; a 50-foot drainage easement. shall be dedicated along the exist-
ing slew at the eastern side,of the site and a drainage ditch shall be constructed
of sufficient size to accommodate future runoff from its watershed; pavement
widening, sidewalks, curb and gutter, and storm drain shall be required along
NewtmJn Road. (Engineering)
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3. The gO-foot dedication of right of way for Five Forks Road as shown on
application. (Real Estate)
4. City water and sewer. (Health)
5. Parcell: Recommend approval if 6.8 acre park slte is to be dedicated
to City or developed by builders; Parcel 3: Recommend developer provide and
. develop approximately 3 acres for active recreation; Parcel 4: Recommend
developer provide and develop approximately 4 acres for active recreation.
(Parks and Recreation).
6. Slopes below the 15-foot contour are highly erodible slopes above
Lake Whitehurst; these slopes should remain in trees. Some lots do not have
enough useable space above the 15-foot contour. (Soil Conservation)
7. Parcell: Recommend that these lots fronting on the major north-south
collector street between the lake be redesigned to allow for additional depth
between the top of the bank (15-foot contour) and the street; additional depth
is necessary in order that the integrity of the slope will not be disturbed by
construction; Parcel 2: Recommend that ingress-egress to the commercial area
be limited to one curb cut on Five Forks Road to provide for adequate traffic
control; recommend that any future con~ercial development be buffered from the
surrounding land uses by a landscape earthern berm and/or adequate planting;
Parcel 3: Recommend that access to the site for future development be limited
to one curb cut on Five Forks Road and one cut on the north-south collector and
in addition future construction should be kept above the 6-foot contour.
(Planning)
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Mr. Patrick L. Standing appeared on behalf of the applicant.
On motion by Councilman Holland, seconded by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., Vice
Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence
A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman Robert H. Callis, Jr.
City Council approved the above application of Edwin S. Brock for a
Change of Zoning from Rural Residence District (R-R 1) and Residence
Suburban District 3 (R-S 3) to Residence Suburban District 2 (R-S 2),
Multiple Family Residence District (R-M) and Limited Commercial
District 3 (C-L 3) and a Use Permit to construct 90 single family
cluster units (townhouses) on certain property beginning at a point
750 feet more or less West of Haygood Road, running a distance of
350 feet more or less on the North side of Newtown Road, bounded on
the West by Bayside Junior High School and bounded on the East and
North by Lake Smith. '
Parcel I: Change of Zoning from R-S 3 and R-R I to R-S 2: 175 acres
more or less.
Parcel 2: Change of Zoning from R-S 3 to C-L 3: 4.2 acres.
Parcel 3: Change of Zoning from R-S 3 and R-R I to R-M: 18 acres.
Parcel 4: Change of Zoning from R-S 3 and R-R 1 to R-H and a Use
Permit to construct 90 single family cluster units (townhouses):
27.4 acres.
I , (Bays ide Junior High School Area). BAYS IDE BOROUGH
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Approval of this application is subject to the following stiptilations:
I. Water and sewer line fees required.
Division)
(Public Utilities
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2. Standard site plan and subdivision requirements. Five
Forks Road shall be improved from western property line
to eastern property line in accordance with City standards
for four lane 90-foot road section including curb and
gutter, sidewalks and storm drains; provide a 60-foot ~
right of way with full improvements for the collector
leading from Newtown Road north into the project; a 50-
foot drainage easement shall be dedicated along the exist-
ing slew at the eastern side of the site and a drainage
ditch shall be constructed of sufficient size to accom-
modate future runoff from its watershed; pavement widen-
ing, sidewalks, curb and gutter, and storm drain shall be
required along Newtown Road. (Engineering Division)
3. The 90-foot dedication of right of way for Five Forks Road
as shown on application. (Real Estate Division)
4. City water and sewer.
(Health Department)
5. Parcel I: Recommend approval if 6.8 acre park site is to
be dedicated to Ci ty or developed by build.ers; Parcel 3:
Recommend developer provide and develop approximately 3
acres for active recreation; Parcel 4: Recommend developer
provide and develop approximately 4 acres for active
recreation. (Parks and Recreation Department)
6 ~ la) Applicant shall identify on his preliminary sub-
divi.sion all areas having a slope in excess of 6%
and if necessary re-design those lots adjacent to
Lake Smith allowing for additional depth in order
that the integrity of the slope will not be dis-
turbed by construction. No housing construction
will be allowed in any areas having a 6% or greater
slope.
(b) Applicant shall participate and pay for up to 50%
of the cost for the construction of the bridge to
be built along the eastern property line (extension
of Five Forks Road)
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7. Parcell: Recommend that these lots fronting on the major
north-south collector street between the lake be redesigned
to allow for additional depth between the top of the bank
(IS-foot contour) and the street; additional depth is
necessary in order that the integrity of the slope will
not be distrubed by construction; Parcel 2: Recommend that
ingress-egress to the commercial area be limited to one curb
cut on Five Forks Road to provide for adequate traffic con-
trol; recommend that any future commercial development be
buffered from the surrounding land uses by a landscape
earthern berm and/or adequate planting; Parcel 3: Recommend
that access to the site for future development be limited to
one curb cut on Five Forks Road and one cut on the north-
south collector and in addition future construction should
be kept above the 6-foot contour. (Planning Department)
8. Applicant's participation in the school site acquisition
formula.
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ITEM #5704
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On motion by Councilman Gardner, seconded by Councilman Baum,
recorded vote as follows:~<
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Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr.
,Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, [
A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhocl
Floyd E. Waterfield, Jr.
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Nays: None
Absent: Councilman Robert H. Callis, Jr.
City Council approved a correction to the Minutes of January 1
in which Item #5440 (b) was inadvertently left out. The corrl
noted as follows:
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"The School Board has received a categorical grant for equip)'>
the Vocational Technical School totaling $149,805.18. Theref(
Council approved a budget adjustment to the School Board apprl
account for capital outlay and approved an increase in antici
revenue from State funds in the amount of $149,805.18."
ITEM #5705
On motion by Councilman Gardner, seconded by Councilman Malbor
recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr.!
Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, C1
.-, A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhod(
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman Robert H. Callis, Jr.
City Council approved on second reading a transfer of $2,481 f.
213 (Legal and Expert Services) to Code 912 (Building Renovati
the Data Processing Department to purchase a raised computer
for the expansion of the City's computer facilities.
.)
ITEM #5706
On motion by Councilman Malbon, seconded by Councilman Baum, L:
recorded vote as follows:-
Ayes: Councilmen John A. Baum, M yor Robert B. Cromwell, Jr..
Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, C1
A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhode
Floyd E. Waterfield, Jr.
Nays: None
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Absent: Councilman Robert II. Callis, Jr.
City Council approved the following tax refunds in the amount
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'IO~ Hr. Dale nilllson
Cily Attorney
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ITEM #5707
Mr. Larry C. Young, representing the Public Administration Service,
of 1313 East Sixtieth Street, Chicago, Illinois, made a verbal
presentation which was to have been submitted at the time of the
study entitled "An Analysis of the Finances of the City of Virginia
Beach, including a selected inquiry into the allocation of costs of
Municipal services".
.""
The study popularly designated at the "Cost-Benefi t Study" was .",
intended to reflect the financial condition of the City, and to
determine the allocation of costs incurred in supplying public
services to single-family dwellings in comparison to multiple-family
uni ts '.
The study, according to Mr. Young, noted the financial soundness of
the City's finances and fiscal policies which would reflect very
favorably upon the credit rating of the City.
With respect to the cost ratios between single-family and multiple-
family dwellings, Mr. Young indicated that sufficient classified
accounting records, although satisfactory for budget purposes, do not
at this time permit allocation of costs in the manner required to
determine respective costs of single-family and multiple-family
dwellings. The following statement is from page 23 of the written
,report: .
'The City of Virginia Beach does not, at the
present time, maintain these systems and
records. In the absence of such data, a.~
general judgment only can be made with regard
to several programs operated by the City'.
",""p.
Mr. Young further noted that efforts have been made to eliminate
the constitutional offices of the City Treasurer and the Commissioner
of the Revenue, and rather than have them elected officials - have
them appointed and responsiple to the Director of Finance and the
City Manager. Mr. Young also indicated that in the one City in
Virginia, Alexandria, that has so far adopted this method that it
is not proving to be satisfactory, and that Richmond and Lynchburg
are both involved in court cases in this matter.
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ITEM #5708
The City Manager presented the proposed operating budget for the Fiscal
Year 1973-1974 to the City Council.
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On motion by Councilman Ferrell, seconded by Councilman }1albon, and by
recorded vote as follows:
'''''1''
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., Vice
"Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence
A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and
Floyd E. Waterfield, Jr.
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Nays: None
Absent: Councilman Robert H. Callis, Jr.
City Council set the date of April 16, 1973, at 2:00 p.m., for the
public hearing on the proposed operating budget of the City of Virginia
Beach for the Fiscal Year 1973-1974.
ITEM #5709
On motion by Councilman Payne, seconded by Councilman Ferrell, and by
recorded vote as follows:
Ayes: C6~ncilmen John' A. Baum, Mayor Robert B: Cr~mwell~ Jr.~ Vice
Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence
A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and
Floyd E. Waterfield, Jr.
Nays: None
''''1
Absent: Councilman Robert H. Callis, Jr.
City Council authorized the charge off of certain uncollectible checks
totaling $168.95 as requested by the City Treasurer, Hr. V. A. Etheridge.
ITEM #5710
On motion by Councilman Waterfield, seconded by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., Vice
Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence
A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman Robert H. Callis, Jr.
City Council authorized the City Manager to enter into an assistance
agreement with the Norfolk Regional Airport for the services of Virginia
Beach police, fire and rescue squad during emergency situations.
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ITEM #5711
6n motion by Councilman Rhodes, seconded by Councilman Payne, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell,'Jr., Vice
Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence
A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and
Floyd E. Waterfield, Jr.
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Nays: None
Absent: Councilman Robert H. Callis, Jr.
.
City Council accepted the low bid of Luke Construction Company in the
amount of $263,232.00 for the construction of'the twin bridges over
London Bridge Creek on the relocated South Lynnhaven Road, and
authorized the City Manager to enter into a contract with Luke
Construction Company for this project.
ITEM #5712
t
On motion by Councilman Payne, seconded by Councilman Ferrell, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., Vice
Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence
A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman Robert H. Callis, Jr.
"W"I
City Council accepted the low bid of Stuart Construction Company
in the amount of $245,259.00 for the South Atlantic Avenue sewer
project and authorized the City Manager to enter into a contract
with Stuart Construction Company for this work.
ITEM #5713
On motion by Councilman Waterfield, second'ed by Councilman Rhodes,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., Vice
Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence
A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman Robert H. Callis, Jr.
City Council accepted the low bid of W. B. Meredith, II, Incorporated
in the amount of $2,081,000. for construction of the public safety
building and authorized the City Manager to enter into a contract
with W. B. Meredith, II, Incorporated for this work.
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ITEM ff57l4
On motion by Councilman Waterfield, seconded by Vice Mayor Ervin, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., Vice
Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence
A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and
Floyd E. Water~ield, Jr.
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Nays: None
Absent: Councilman Robert H. Callis, Jr.
City ~ouncil in concurrence with the request of Mrs. Frances S. Elrod,
Director of Social Services, approved a transfer in the amount of
$4,475.00 from compensation for Aides and Clerks, account 8010-170,
to Capital Outlay, account 8010-801 as follows:
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5 desks
3 chai rs
3 typewriters
2 adding machines
@ $300.00
@ $ 85.00
@ $550.00
@ $450.00
$1,500.00
425.00
1,650.00
900.00
$4,475.00
Total Capital Outlay
ITEM #5715
On motion by Councilman Gardner, seconded by Councilman Holland, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., Vice
Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence
A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and
Floyd E. Waterfield, Jr.
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Nays: None
Absent: Councilman Robert H. Callis, Jr.
City Council approved an agreement between Stanley E. Oliver, Lee
A. Gifford and the City of Virginia Beach concerning the dedication
of certain rights of way and a guarantee of connection to City sewer
service.
ITEM #5716
Mr. Grover C. Wright, Attorney for Mrs. A. L. Wood, appeared before
Council requesting that the Horatio Hotel be allowed to continue
encroachment on City property at the corner of Atlantic Avenue and
14th Street by extending the deck portion of a swimming pool that is
planned as an improvement to the subject hotel.
On motion by Councilman Gardner, seconded by Councilman Malbon, and by
recorded vote as follows:
.PI'
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., Vice
Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence
A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman Robert H. Callis, Jr.
City Council adopted the following Ordinance allowing certain encroachment
on the public right of way at the corner of Atlantic Avenue and 14th
Street:
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AN ORDINAHCE AUTJOInZING j3NCROACl-ll1ENT BY !~'
THE OI,JNER OR ASSIGNEES OF T'lE PROPE2TY
Y-l'W~'TN AS Ti-LE HOl"ZATIO {'10TEL LOCATED AT-
NORTiISAST CORNER OF ATLANTIC AVENUE AND
'lL:.TH STREET
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BE IT ORDAIHED BY TIlE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the owuer of the property generally kno\qn as the Horatio
Motel located at the northeast corner of Atlantic Avenue and 14th
Street, in the City of Virginia Beach, Virginia, and abutting upon
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such public streets as ShOWl1 on the attached plat, be" and is
hereby, authorized and permitted (1) to maintain the presently
existing encroaching structures, consisting of a sign and a paved
parking' lot llsed in connection \:vith the said motel property, as
ShO\ffi on the attached plat, in, upon and over such public streets,
within the limitations shown on the attached plat, until such
structures are destroyed or removed, and (2) to construct and maintain
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in, upon and over such public streets \'J'ithin the limits shO'i'Tn by the
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attached plat, the fence and pool deck area used in connection with
the said motel property as shovm on the attached plat, provided,
however, that such authority and permission so granted shall be held
by the said owner or assignees and deemed' to be merely a license and
shall be revocable, at the pleasure of the City Council of the City of
Virginia Beach, Virginia, and that upon revocation all encrochments
in, upon or over such public streets shall be removed at the expenses
of StlCfl O~~1l1er or aSS:lens a11d provided., furtl1er, that nothi11g herein
contained shall be construed to relieve such ovmer or assignees from
liabi.lity for any negligence on the part of such owner.
Approved by the Council o,f the City of Virginia Beach, Virginia
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on the 2nd of April, lS'73.
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ITEM #5717
On motion by Councilman Ferrell, seconded by Councilman Malbon, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., Vice
Mayor F. Reid Ervin, George R. Ferrell, 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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Absent: Councilman Robert H. Callis, Jr.
City Council noted its intention to hold a closed meeting on Monday,
April 9, 1973, for the purpose of discussing items permitted for
discussion under the Freedom of Information Act of the Commonwealth
of Virginia.
ITEM #5718
On motion by Councilman Rhodes, seconded by Councilman Ferrell, and by
unanimous vote, the meeting adjourned.
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· t../itt-uf./ t;O[fL&i~J
Richard J. .bbon, City Clerk
City of Virginia Beach,
Virginia
April 2, 1973
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MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
April 9, 1973
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The regular meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers in the Administration
Building in the Borough of Princess Anne, on Monday, April 9, 1973,
at 2:00 p.m.
The invocation was given by the Reverend William C. Heprick, First
Presbyterian Church, Virginia Beach, Virginia.
Councilmen present: John A. Baum, Robert H. Callis, Jr., Mayor Robert
B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles
W. Gardner, Clarence A. Holland, D. Murray ~1albon, J. Curtis Payne,
Donald H. Rhodes, and Floyd E. Waterfield, Jr.
Councilmen absent: None
ITEM #5720
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Mr, Edward Brogan, President of the Tidewater Home Builders Association
addressed City Council regarding the economic impact of the continued
"water moratorium" enforced by the City of Norfolk upon the City of
Virginia Beach due to the termination of a previous "water contract"
and failure of the negotiations between the two cities in implementing
a new contract.
Mr. ,Brogan recited statistics regarding payrolls, employees, sub-con-
tractors, supplies and other persons directly affected by the moratorium
on water supply. He indicated the serious financial position in which
developers and builders have been placed due to the lo-ss of "lead time"
in completing their projects. ["Lead time" being the time utilized in
planning and designing and preparing financing for a project.] Normally
while one project is being built and sold another project is being
planned and financed, sales from the first project help finance the
second project during "lead time".
The overall work stoppage and lay-offs resulting from the "water
moratorium" were emplasized by Hr. Brogan.
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In an effort to demonstrate the effect of the water moratorium on per-
sons employed in the building trades, suppliers, sub-contractors, etc.
a delegation of persons whose work had been suspended for one day,
visited the City Council. A conservative estimate placed the number at
800 persons.
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Mr. Brogam indicated to the City Council that the demonstration was not
intended to "pressure" City Council in any way as everyone realized that
great efforts were being made to conclude some form of water contract
which would be equitable to both cities.
Mayor Cromwell stated to Mr. Brogan and the assembled persons that City
Council understood their problems and was endeavoring to reach an-
acceptable agreement with the City of Norfolk in the immediate future.
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ITEM #5721
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Application of United r~dica1 Associates, ltd., for a Use Permit to construct
a 100-bed convalescent and extended care facility on certain property
beginning at a point 670 feet more or less North of Wildwood Drive, and 217
feet West of First Colonial Road, running a distance of 294.94 feet along the
Northern property line, running a distance of 319.73 feet along the Western
property line, running a distance of 348.99 feet along the Southern property
line and running a distance of 300 feet more or less along the Eastern pro-
perty line. Said parcel contains 2.5 acres more or less., (General Hospital
of Virginia Beach Area). lYNiJHAVEN BOROUGH.
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Planning Commission Recommendation:
A motion by the Planning Commission was passed for approval of this request
subject to the following:
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1. Water and sewer line fees required. (Public Utilities)
2. Standard site plan requirements to include a dedication of 50 feet of
right of way and construction of standard 35 foot road section with curb and
gutter, sidewalk, and adequate storm drains from First Colonial Road to
western property line of site to be developed. (Engineering)
Mr. Ray Draucher appeared on behalf of the application requesting a
sixty (60) day deferral of the above application.
Doctor Ira Hancock appeared in favor of the above application.
Doctor Sterling G. Decker and Mr. Grover C. Wright, noted as opposition,
did not object to the requested deferral.
On motion by Vice Mayor Ervin, seconded by Councilman Gardner, and by
recorded vote as follows:
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Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council deferred for a period of sixty (60) days the above
application of United Medical Associates, Ltd., for a Use Permit
to construct a 100 bed convalescent and extended care facility on
certain property beginning at a point 670 feet more or. less North
of Wildwood Drive, and 217 feet West of First Colonial Road, running
a distance of 294.94 feet along the Northern property line, running
a distance of 319.73 feet along the Western property line, running
a distance of 348.99 feet along the Southern property line, running
a distance of 300 feet more or less along the Eastern property line.
Said parcel contains 2.5 acres more or less. (General Hospital of
Virginia Beach Area). LYNNHAVEN BOROUGH.
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ITEM #5722
Application of lynnhaven Restaurant Incorporated T/A lynnhaven lounge for a
Use Permit for dancing \'/ith live entertainment on certain property beginn-
rng at a point 200 feet more or less North of lee Highlands Boulevard and
on the West side of South Lynnhaven Road located in the South Lynnhaven Mini
~1a1l. Plats with more detailed information are available in the Department
of Planning. (South lynnhaven Nini Hall Area). lYimHAVEN BOROUGH.
Planning Commission Recommendation:
A motion by the Planning Commissi'ln was passed for approval of this request.
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Mr. Jack Turner ~ppeared on behalf of the applicant.
On motion by Councilman Malbon, seconded by Councilman Payne, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice MayorF. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
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City Council approved the above application of Lynnhaven Restaurant
Incorporated T/A Lynnhaven Lounge for a Use Permit for dancing with
live entertainment on certain property beginning at a point 200 feet
more or less North of Lee Highlands Boulevard and on the West side of
South Lynnhaven Road located in the South Lynnhaven Mini Mall. Plats
with more detailed information are available in the Department of
Planning. (South Lynnhaven Mini Mall Area). LYNNHAVEN BOROUGH.
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ITEM #5723
Application of Herbert O. Smith by Owen B. Pickett~ Attorney~ for a Change
of Zoning from Residence Suburban District 3 (R-S 3) to General Industrial
District 3 (M-I 3) on certain property located on the North side of Potters
Road beginning at a point 120.33 feet West of London Bridge Road, running a
distance of 270.76 feet along the Southern property line of which 116.88
feet is the North side of Potters Road, running a distance of 705.39 feet
along the Western property line. running a distance of 406.89 feet along the
Northern property line and running a distance of 705.47 feet along the Eastern
property line. Said parcel is known as Lots 36, 38, 39 and 40, Plat of London
Bridge Plan of Lots and contains 4.07 acres. (London Bridge Area). LYNNHAVEN
BOROUGH.
Planning Commission Recommendation:
A motion by the Planning Commission was passed for approval of this request
subject to the following:
1. A modification from the requested change of zoning to include the
northern 200 feet of Lots 38, 39, and 40, Plat of London Bridge.
2. Water line fees required. (Public Utilities)
3. Standard site plan requirements to include pavement widening, curb
and gutter, sidewalks and storm drains as necessary and a 10-foot dedication
along Southern Boulevard. (Engineering)
4. City water and sewer. (Health Department)
5. A dedication of right of way 30 feet from the centerline of the
existing 30-foot right of way along the l16.88-foot more or less frontage
on Potters Road (15-foot dedication). (Real Estate)
Mr. Owen B. Pickett, Attorney, appeared on behalf of the applicant.
Mr. Vernon C. Rhue appeared on behalf of the applicant.
~. On motion by Vice Mayor Ervin, ,seconded by Councilman Malbon, and by
recorded vote as follows:
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Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice ~layor F. Reid Ervin, George R. Ferrell,! Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
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City Council approved the above application of Herhert D.. Smith, for
a Change of Zoning from Residence Suburban District 3 (R-S 3) to General
Industrial District 3 (M-I 3) on the Northern 200 feet of lots 38, 39,
and 40, Plat of London Bridge and the remainder of the property in the
application, including Lot 36, to be rezoned C-L 3 (London Bridge Area)
LYNNHAVEN BOROUGH.
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Approval of this application is subject to the following stipulations:
I. A modification from the requested change of zoning to
include the northern 200 feet of Lots 38, 39, and 40,
PIa t of London Bridge. ..
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2. Water line fees as required by the Department of Public
Utilities.
3. Standard site plan requirements to include pavement widen-
ing, curb and gutter, sidewalks and storm drains as necessary
and a 10-foot dedication along Southern Boulevard as required
by the Engineering Division.
4. City water and sewer as required by the Health Department.
5. Dedication of right of way 30 feet from the center line of
the existing 30-foot right of way along the lI6.88-feet
more or less fonrtage on Potters Road (IS-foot dedication)
as required by the Division of Real Estate.
ITEM #5724
Application of Carroll F. Danforth and Josephine D. Danforth for a Chanqe of
~1ing from Residence Suburban District 3 (R-S 3) to Residence Duplex District
R-D 2) on certain property beginning at a point 93.48 feet North of Maryland
Court. running a distance of 188.77 feet along the West side of South Surfside
Avenue. running a di"stance of 371.94 feet a long the North'iJestern property
line (Lake Christine) and running a distance of 320.47 feet along the Southern
property line. Said parcel is known as Lot 11. Subdivision of Parcel 14.
.Block 32. Croatan Beach. and 1s triangular in shape. (Croatan Beach Area).
LYNNHAVEN BOROUGH.
Planning Corrrnission Recorrrnendation:
A motion by the Planning Commission was passed for denial of this request.
Mr. Carroll F. Danforth appeared on behalf of his own application.
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, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
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City Council referred back to the Planning Commission the above
application of Carroll F. Danforth and Josephine D. Danforth for
a Change of Zoning from Residence Suburban District 3 (R-S 3) to
Residence Duplex District 2 (R-D 2) on certain property beginning
at a point 93.48 feet North of Maryland Court, running a distance
of 188.77 feet along the West side of South Surfside Avenue, running
a distance of 371.94 feet along the Northwestern property line,
(Lake Christine) and running a distance of 320.47 feet along the
Southern property line. Said parcel is known as Lot 11, subdivision
of Parcel 14, Block 32, Croatan Beach, and is triangular in shape.
(Croatan Beach Area). LYNNHAVEN BOROUGH.
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ITEM #5725
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Application of Harley V. Cole for a Use Pe~nit to operate trailer sales
and service on certain property located at Lynn Shores Drive and Bonney
Road, running a distance of 225 feet more or less along the North side of
Bonney Hoad, running a distance of 170 feet along the \r!estern property line,
running a distance of 220 feet along the Northern property line (tlorfolk
and Southern Railway Right of Hay), and running a distance of 220 feet more
or less along the Western property line. Said parcel contains 1.0 acre more
or less. (Thalia Village Area). KEMPSVILLE BOROUGH.
Planning Commission Recommendation:
A motion by the Planning Commission was passed for approval of this request
subject to the following:
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1. Standard site plan requirements to include paved parking with pro-
tective curbs (CG-2) at perimeter; standard street improvements shall be
constructed along Bonney Road and shall include pavement widening of twenty-one
feet from the centerline of existing pavement, curb and gutter, sidewalks and
storm drains as required; entrance width shall be restricted to ,a maximum of
forty feet. (Engineering)
2. A dedication of right of way 30 feet from the centerline of the exist-
ing 3D-foot right of way along the 225-foot more or less frontage on Bonney
Road (15-foot dedication). (Real Estate)
3. City water and sewer. (Health Department)
4. Since the applicant is not the owner of the property, approval is
subject to agreement by the owner to dedicate the right ~f way requirements
of the Real Estate Oivision relative to Bonney Road and also the improvements
of Bonney Road as required by the Engineering Division.
On motion by Councilman Rhodes, seconded by Councilman Waterfield, and
by recorded vote as follows:
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Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., .Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Ma1bon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council deferred until April 30, 1973, the above application of
Harley V. Cole for a Use Petmit to operate trailer sales and service
on certain property located at Lynn Shores Drive and Bonney Road,
running a distance of 225 feet more or less along the.North side of
Bonney Road, running a distance of 170 feet along the Western property
line,' running a distance of 220 feet along the Northern property line
(Norfolk and Southern Railway Right of Way), and running a distance of
220 feet more or less along the Western property line. Said parcel
contains 1.0 acre more or less. (Thalia Village Area). KEMPSVILLE
BOROUGH.
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ITEr1 #5726
Application of Jack H. Harris and Albert lee Bonney, Jr., for a Chvnge of
Z~ning from Residence Suburban District 3 (R-S 3) to ~'1u1tip1e Family Residence
b strict (R-M) and a Use Permit to construct 150 townhouses and apartments on
certain property located South of Princess Anne Road at Southern extremity of
Forest Street:
Parcell: Beginning at a point at the Southern extremity of Forest Street and
running a distance of 471.57 feet along the Northern property line of which 210
feet more or less is the South side of Princess Anne Road, running a distance of
948.96 feet along the Eastern property line. running a distance of 483 feet along
the Southern property line and running a distance of 720 feet more or less along
the Western property line. Said parcel contains 7.44 acres more or less.
Parcel 2: Beginning at a point 345 feet more or less East of Forest Street, and
running a distance of 200 feet along the South side of Princess Anne Road, runn-
ing a distance of 769.82 feet along the Eastern property line, running a distance
of 180.61 feet along the Southern property line and running a distance of 773.96
feet along the Western property line. Said parcel contains 3.372 acres.
Parcel 3: On certain property beginning at a point 769.82 feet South of Princess
Anne Road and beginning at a point 56.85 feet North of the Western extremity of
Ravenswood Road, running a distance of 50 feet along the Eastern property line,
running a distance of 180.23 feet along the Northern property line, running a dis-
tance of 50.07 feet along the Western property line and running a distance of 178.95
feet along the Southern property line. Said parcel contains 0.208 acres. Plats
with more detailed information are available in the Department of Planning. (Kemps-
vi lle Parkway-Kempsvlll e r,1anor Areas). KEHPSVIlLE BOROUGH.
Planning Commission Recommendation:
A motion by the Planning Commission was passed for denial of this request due
to opposition of-the residents of the area. The requested.use would be a~
intrusion of multiple family zoning into a predominantly slngle family nelgh-
borhood.
Mr. James Pickrell, Attorney, appeared on behalf of the applicant.
Mr. J. L. Jernigan appeared in favor of the above application.
Mr. .Pa trick L. Standing appeared on behalf of the applicant.
Mrs. Wells and Mrs. Jane Bernick appeared in opposition to the above
application.
Mrs. Cecily Macdonald, representing Kempsville Borough Association,
appeared in opposition to the above application.
After a recitation of the written reports made by various departments
of the City which specified the following stipulations:
1. 12" wa ter main in Prine es s Anne Road. 12" gravi ty sewer
in Princess Anne Road. Both sufficient to serve property.
Water and sewer line fees required. Standard water and
sewer agreements required. (Public Utilities Division)
2. Standard site plan requirements. Canal dedication (50'
easement) and construction of same required along ~outh-
ern property lines. Left turn lane shall be provided at
cross over on Princess Anne Road. Project shall connect
to Forest Street for additional access. No buildings
shall be placed over existing culverts serving Princess
Anne Road that corss the site. A minimum IS' easement
shall be maintained along these culverts. (Engineering
Division) .
3. City water and sewer. (Health Department)
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A mInImum of 15% of total acreage be developed by developers
for active recreation. Plat shows less than 1/2 acre, when
1.6 acres should be required.
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5. There is a natural drainageway in northern portion of this
property, currently receiving storm drainage. Proposed
apartments in Northwest corner infringe on this drainage-
way. There is a major ditch along southern boundary of
property designed for farmland runoff. Proposed apartments
on ditchback leave no space for enlarging or maintaining
this di tch. (Soil Conservation)
Councilman Rhodes made a motion to refer the application back tQ the
Planning Commission for further study and recommendations. The motion
failed due to the lack of a second and was subsequently withdrawn by
Councilman Rhodes.
....d
Councilman Ferrell made a motion, which was seconded by Councilman
Waterfield, approving the above application of Jack H. Harris and
Albert Lee Bonney, Jr., for a Change of Zoning from Residence Subur-
ban District 3 (R-S 3) to Multiple Family Residence District (R-M)
and a Use Permit for the construction of 107 townhouses on certain
property located South of Princess Anne Road at Southern extremity of
Forest Street, subject to all City Department Reviews. Recorded vote
as follows:
Ayes: Councilmen Robert H. Callis, Jr., George R. Ferrell, Clarence
A. Holland, D. Murray Malbon, J. Curtis Payne, and Floyd E. Waterfield,
Jr.
Nays: Councilmen John A. Baum, Charles W. Gardner, and Donald H. Rhodes.
Absent: None
Abstain: Mayor Robert B. Cromwell, Jr. and Vice Mayor F. Reid Ervin.
City Council approved the above application of Jack H. Harris and Albert
Lee Bonney, Jr., for a Change of Zoning from Residence Suburban District
3 (R-S 3) to Multiple Family Residence District (R-M) and a Use Permit
for the construction of 107 townhouses subject to all City Department
Reviews on certain property located South of Princess Anne Road at
Southern extremity of Fore~t Street:
Parcell: Beginning at a point at the Southern extremity of Forest
Street and running a distance of 471.57 feet along the Northern pro-
perty line of which 210 feet more or less is the South side of Princess
Anne Road, running a distance of 948.96 feet along the Eastern property
line, running a distance of 483 feet along the Southern property line
and running a distance of 720 feet more or less along the Western pro-
perty line. Said parcel contains 7.44 acres more or less.
Parcel 2; Beginning at a point 345 feet more or less East of Forest
Street, and running a distance of 200 feet along the South side of
Princess Anne Road, running a distance of 769.82 feet along the Eastern
property line, running a distance of 180.61 feet along the Southern
property line and running a distance of 773.96 feet along the Western
property line. Said parcel contains 3.372 acres.
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Parcel 3: On certain property beginning at a point 769.82 feet South
of Princess Anne Road and beginning at a point 56.85 feet North of the
Western extremity of Ravenwood Road, running a distance of 60 feet along
the Eastern property line, running a distance of 180.23 feet along the
Northern property line, running a distance of 50.07 feet along the
Western property line and running a distance of 178.95 feet along the
Southern property line. Said parcel contains 0.208 acres. Plats with
. more detailed information are available in the Department of Planning.
(Kemspville Parkway-Kemspville Manor Areas). KEMPSVILLE BOROUGH.
Approval of this application is subject to all City Department Reviews.
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ITEM #5727
Application of Robert L. Barnes for a Use ESlWit (Special - pursuant to City
Code 5.l) to keep two calves on certain property located on the West side of
.Kempsvil1e Road beginning at a point 2400 feet more or less South of Centervi1le
Turnpike and running a distance of 100.33 feet along the Eastern property line
of \'lhich 15.33 feet is the \'Jest side of Kempsville Road,. running' a distance of
762.01 feet along the Northern property line, running a distance of 100 feet
along the Western property line and running a distance of 779.01 feet along the
Southern property line. Said parcel contains 1.26 acres more or less and is
known as 2017 Kempsville Road. (Woods Corner Area). KEMPSVILLE BOROUGH.
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Planning Commission Recommendation:
A motion by the Planning Commission was passed for approval of this request.
Mr. Robert L. Barnes appeared on behalf of his own application.
On motion by Councilman Ferrell, 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, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray }1albon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
0" City Council approved the above appl ica tion of Robert L. Barnes for a
Use Permit (Special - pursuant to City Code 5.1) to keep two calves on
certaIn property located on the West side of Kempsville Road beginning
at a point 2400 feet more or less South of Centerville Turnpike and
running a distance of 100.33 feet along the Eastern property line of
which 15.33 feet is the West side of Kempsville Road, running a dis-
tance of 762.01 feet along the Northern property line, running a dis-
tance of 100 feet along the Western property line and running a distance
of 779.01 feet along the Southern property line. Said parcel contains
1.26 acres more or less and is known as 2017 Kempsville Road. (Woods
Corner Area). KEMPSVILLE BOROUGH.
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ITEM #5728
Application of Powell and Huntley, Inc., for a Use Pennit to construct 155
tmmhouses on certain property located on the East side of College Park
Boulevard, beginning at a point 132.49 feet South of Colby Way and 132.19
feet North of Chestnut Hill Road, running a distance of 873.93 feet along
the East side of College Park Boulevard, running a distance of 636.21 feet
along the Northern property line, running a distance of 1121.22 feet along
the Eastern property line and running a distance of 396.17 feet along the ·
Southern property line. Said parcel contains 13.91 acres. (College Park
Area>.. KH1PSVILLE BOROUGH.
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Planning Commission Recommendation:
A motion by the Planning Commission was passed for approval of this request
subject to the following:
1. A modification from the requested density to 125 townhouses, a
density of 9 dwelling units per acre. (Planning)
2. All trees 40 feet from the Greenbelt be retained and that a land-
scaped and planted berm (4 feet high with a 3 to 1 slope) be required on
the northern boundary line to provide a buffer for the existing single family
dwellings. A planting schedule shall be provided with site plan when sub-
mitted.
3. Standard water and sewer agreements required. (Public Utilities)
4. Standard site plan requirements. (Engineering)
5. Recommend developer provide 2 acres for active recreation.
(Department of Parks and Recreation)
6. Suggest participation in school site acquisition. (School
Board)
Mr. Melvin Friedman appeared on behalf of the applicant.
Mr. T. Miller Carmichael appeared on behalf of the Framingham Village
Civic League in opposition to the proposed plans for the green belt as
indicated on the site plan.
On motion by Councilman Rhodes, seconded by Councilman Ferrell, 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, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Ma1bon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
.
Nays: None
Absent: None
,,-,
City Council approved the above application of Powell and Huntley, Inc.
for a Use Permit to construct 125 townhouses on certain property located
on the East side of College Park Boulevard, beginning at a point 132.49
feet South of Colby Way and 132.19 feet North of Chestnut Hill Road,
running a distance of 873.93 feet along the East side of College Park
Boulevard, running a distance of 636.21 feet along the Northern property
line, running a distance of 1121.22 feet along the Eastern property 1i~E
and running a distance of 396.17 feet along the Southern property line.
Said parcel contains 13.91 acres. (College Park Area). KEMPSVILLE
BOROUGH. Approval of this application is subject to the fdllowing
stipulations:
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A modification from the requested density to 125 townhouses,.
a density of 9 dwelling units per acre. (Planning)
All trees 40 feet from the Greenbelt be retailed and that a
landscaped and planted berm (4 feet high with a 3 to 1 slope)
be required on the northern boundary line to ~rovide a buffer
for the existing single family dwellings. A planting schedule
shall be provided with site plan when submitted, and a planting
schedule for supplemental planting in the Northeast area of
the plat shall be provided with site plan.
3. Standard water and sewer agreements required. (Public Utilities)
2 .
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4. Standard site plan requirements. (Engineering)
5. Recommend developer provide 2 acres for active recreation.
(Department of Parks and Recreation)
6. Participation in school site acquisition. (School Board)
,-_.,
ITEM #5729
Application of James Proferes for a ChanQe of Zoning from One Family Residence
District (R-l) to r.lotel-Hotel DistricTlTr:H)on certain property located across
from ~~ryland Avenue and running a distance of 210 feet alonq the East side of
Arctic Avenue. running a distance of 175 feet along the f'lorthern property line,
running a distance of 210 feet more or less along the Eastern property line
(Lake Holly), running a distance of 165 feet along the Southern property line.
Said parcel is known as Lots 14 through 20, Block A, Plat of Shadow Lawn
Heights. VIRGINIA BEACH BOROUGH.
Planning Commission Recommendation:
A motion by the Planning Commission was passed for denial of this request due
to the opposition of the residents of the area who indicated that the access
to the subject property would be limited to a predominantly residential street.
Mr. Grover Wright, Attorney, appeared on behalf of the applicant.
On motion by Councilman Callis, seconded by Councilman Waterfield, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F.
Reid Ervin, George R. Ferrell, Clarence A. Holland, and Floyd E.
Waterfield, Jr.
Nays: Mayor Robert B. Cromwell, Jr., Councilmen Charles W. Gardner,
D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes.
Absent: None
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City Council denied the above application of James Proferes for a
Change of Zonin~ from One Family Residence District (R-I) to Motel-
Hotel District M-H) on certain property located across from Haryland
Avenue and running a distance of 210 feet along the East side of Arctic
Avenue, running a distance of 175 feet along the Northern property line,
running a distance of 210 feet more or less along the Eastern property
line (Lake Holly), running a distance of 165 feet along the ~Southern
property line. Said parcel is known as Lots 14 through 20, Block A,
Plat of Shadow Lawn Heights. VIRGINIA BEACH BOROUGH.
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ITE!'-1 # 5730
Application of Helen Lee DeFord for a Chanqe of Zoning from Residence
Suburban District 4 (R-S 4) to General Corr;merCTal District 3 (C-G 3) on
certain property beginning at a point 1075 feet more or less Horth of Virginia
.Beach Boulevard, and across from Baker Road, running a distance of 954.38 feet
along the East side of Net'Jtown Road, running a distance of 1888.60 feet along
the Northern property line, running a distance of 597.03 feet along the Eastern
property line, running a distance of 1826.82 feet along the Southern property
lin~. Said parcel contains 31.328 acres. (lake Edward West-Newsome Farm ~
Areas). BAYSIDE BOROUGH.
Planning Commission Recommendation:
A motion by the Planning Commission was passed for approval of this request
subject to the following:
1. A planting strip (privacy and lighting screen) shall be located on
property lines adjacent to residential districts. (Planning)
2. . Only one median cut on Hevltown Road lining up with lake Edward Drive
shall be allowed. (Planning)
3. Water and sewer line fees required. (Public Utilities)
4. Standard water and sewer agreements required. (Public Utilities)
5. Standard site plan requirements to include a 60 foot right of way
dedication and construction of 46-foot road with curbs, sidewalks required
along northeast property line; this shall be main entrance to shopping center;
pavement wi deni ng \'/i th curb and gutter t s i de\l/a 1 ks and s tonn drains as necessary
required along Newtovffi Road. (Engineering)
6. Traffic signal shall be required at intersection of Newtown Road
and Baker Road as part of development and cost of this signal shall be borne
by the developer. (Engineering)
7. A 20-foot drainage easement shall be required along south and east
property lines and all drainage shall be piped. (Engineering)
8. A dedication of right of way 45 feet from the centerline of the exist-
ing 30-foot right of way along the 954.38-foot more or less frontage on
Newtown Road (3D-foot dedication). (Real Estate)
9. City water and sewer. (Health Department)
Mr. Grover Wright, Attorney, appeared on behalf of the applicant.
On motion by Councilman Holland, seconded by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the above application of Helen Lee DeFord for a
Change of Zoning from Residence Suburban District 4 (R-S 4) to General
Commercial District 3 (C-G 3) on certain property beginning a a point
'PI 1075 feet more or less North of Virginia Beach Boulevard, and across
from Baker Road, running a distance of 954.38 feet along the East side
of Newtown Road, running a distance of 1888.60 feet along the Northern
property line, running a distance of 597.03 feet along the Eastern pro-
perty line, running a distance of 1826.82 feet along the SOiUthern pro-
perty line. Said parcel contains 31.328 acres. (Lake Edward West _
~ewsom~ Farm Areas). BA~SIDE BOROUGH. Approval of this application
IS subject to the fOllOWIng stipulations:
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I. A planting strip (privacy and lighting screen) shall be
located on property.lines adjacent to residential districts.
(Planning Department)
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2. Only one median cut on Newtown Road lining up with Lake
Edward Drive shall be allowed. (Planning Department)
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3. Water and sewer line fees required. (Public Utilities
Division)
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4. Standard water and sewer agreements required. (Public
Utilities Division)
S. Standard site plan requirements to include a 60 foot
right of way dedication and construction of 46-foot road
with curbs and sidewalks if and when required along the
northeast property line; this shall be main entrance to
shopping center; pavement widening with curb and gutter,
sidewalks and storm drains as necessary required along
NewtOiVn Road. (Engineering Divis ion) .
6. Traffic signal shall be required at intersection of
NewtoiVn Road and Baker Road as part of development
and cost of this signal shall be borne by the developer.
(Engineering)
7. A 20-foot drainage easement shall be required along south
and east property lines and all drainage shall be piped.
(Engineering Division)
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8. A dedication of right of way 45 feet from the centerline
of the existing 30-foot right of way along the 954.38-
foot more or less frontage on Newtown Road (30-foot
dedication). (Real Estate Division)
9. City water and sewer. (Health Department)
ITEM #5731
On motion by Councilman Gardner, seconded by Councilman Malbon, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhqdes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved on second reading a transfer in the amount of
$4,475.00 from Compensation for Aides and Clerks, Account 8010-170,
to Capital Outlay, Account 8010-801 as follows:
III~'I
5 desks
3 chairs
3 typewriters
2 adding machines
@ $300.00
,
@ $ 85.00
@ $550.00
@ $450.00
$1,500.00
425.00
1,650.00
900.00
$4,475.00
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Total Capital Outlay
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"ITEM #5732
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On motion by Councilman Rhodes, seconded by Councilman Waterfield, and by
recorded vote as follows: "
".1
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved on second reading a budget adjustment to the
School Board appropriations account for Capital Outlay and approved
on second reading an increase in anticipated revenue from State
funds in the amount of $149,805.18.
ITEM #5733
Consideration of an Ordinance to amend and reordain Section 38-1
of the City Code relating to carrying concealed weapons by adding
an application fee was deferred.
ITEM #5734
99""'"'1
On motion by Councilman Payne, 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, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved on first reading the following Ordinance to
amend,and reordain Section 38-5 of the City Code relating to permit
prerequisite to purchase of certain weapons by adding an application
fee:
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Requested by City Manager
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AN ORDINANCE TO AMEND AND REORDAIN
SECTION 38-1 OF THE CODE OF THE CITY
OF VIRGINIA BEACH RELATING TO CARRYING
CONCEALED WEAPONS BY ADDING AN APPLICATION
FEE .
''-'I'
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 38-1 of the City Code of the City of Virginia Beach,
is hereby amended and reordained by adding a new paragraph to read as
follows:
"In addition to any fee charged by the Circuit or
Corporation Court, each person filing an application for
such permit shall pay to the City Treasurer, an application
fee of three dollars."
'-"1
An emergency exists and this ordinance shall be in full force
and effect from the date of adoption.
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First Reading: April 9, 1973
Second Reading:
Adopted by the Council of the City of Virginia Beach, Virginia,
day of
, 1973.
on the
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ITEM #5735
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Consideration of an Ordinance to amend and reordain Section 2-70.3
of the City Code relating to fees for records and reports was deferred.
ITEM #5736
On motion by Councilman Rhodes, seconded by Councilman Gardner, 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,
D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: None
Abstain: Mayor Robert B. Cromwell, Jr.
City Council approved the following Deed of Dedication and Gift between
People's Bank of Virginia Beach and the City of Virginia Beach:
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CATON 8: WRIGHT
ATTORNEYS AT LAW
VIRGINIA 6EACH. VA.
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THIS DEED OF DEDICATION AND GIFT, made this 7th
day of March, 1973, by and between PEOPLE'S BANK OF VIRGINIA
BEACH, first party, and the CITY OF VffiGINIA BEACH, second
party,
.
WITNESSETH:
WHEREAS, the second party desires certain property shown
on a plat entitled" Property Dedication To The City of Virginia
Beach, Virginia from People's Bank of Virginia Bea~h" for use
as a public right':'of-way, all for the benefit of the general public,
and
WHEREAS, the first party is willing to voluntarily transfer,
contribute, dedicate and donate the property dedicated herein to
the second party as a charitable gift for the benefit of the general
public;
NOW, THEREFORE, in consideration of the premises, the
first party does hereby GRANT , DEDICATE. TRANSFER. CONTRIBUTE
and CONVEY unto the second party with GENERAL WARRANTY and
the ENGLISH COVENANTS OF TITLE the following described real
property, to-wit:
ALL those certain pieces or parcels of land designated
as "Dedicated to City of Virginia Beach for Highway
Purposes" on that certain plat dated February 28, 1973,
entitled "Property Dedication To The City of Virginia
Beach, Virginia from People's Bank of Virginia Beach, "
made by Langley, McDonald & Overman, Consulting
Engineers, which said plat being recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach
simultaneously herewith, and reference is hereby made
thereto for a more particular description of the property;
f
IT BEING a part-rof the same property conveyed to the
first party by deed dated May 12, 1972, from Naomi W.
Thomson, widow, duly recorded in the aforesaid Cl~rk' s
Office in Deed Book 1274, at page 95.
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WITNESS the following signa
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By
-
ST ATE OF VffiGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, the undersigned, a Notary Public in and for the City
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afo'resaid, in the State of Virginia, do hereby certify that J~
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Burton Harrison, Jr. and Kathleen R. Twigg, who are President
and Secretary, respectively, of People's Bank of Virginia Beach,
whose names are signed to the foregoing writing bearing date on
the 7th day of March, 1973, have acknowledged the same before
me in my City and State aforesaid.
Given undermy hand this $-day of Y7r4lt!/U , 1973.
My commission expires on the /6gday of ;'/);.11 //~;tbJ,
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_ _ _Notary Public .
My Commissb:1 E;:plr:;:s DzccmS::r 16, 1973
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ITEM #5737
On motion by Councilm~~'Payne, seconded by Councilman Gardner, and by
recorded vote as. follows":
Ayes: Councilmen Joh~ A.Bau~, oRober~ H. Callis, Jr., Mayor Robert B.
Cromwe II, Jr., Vice Mayor F. oRe ld Ervln, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
k .,j
Nays: None
Absent: None
City Council approved the following Ordinance appointing Viewer~ relative
to closing a portion of Rosemont Road in Princess Anne Borough:
IN THE MATTER OF:
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CLOSING, VACATING AND DISCONTINUING
A PORTION OF ROSEMONT ROAD LOCATED IN
THE CITY OF VIRGINIA BEACH, VIRGINIA
ORDINANCE APPOINTING VIEWERS
WHEREAS, Green Run Corp. of Virginia Beach, a
Virginia corporation, has given due and proper notice, in
accordance with the provisions of Section 15.1-364 of the Code
of Virginia, 1950, as amended, that it would on this day apply
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to the City Council of the City of Virginia Beach, Virginia,
for the appointment of viewers to view the hereinafter described
property and to report in writing to the Council whether, in
the opinion of the viewers, any, and if so what, inconvenience
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would result from discontinuing the same, and if the said viewers
report that no inconvenience would result therefrom; your
petitioners pray that this Honorable Council will adopt an
ordinance directing the vacation and closure of the following
described portions of Rosemont Road, to-wit:
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ALL THOSE certain portions of Rosemont Road
located in the City of Virginia Beach, Virginia
(excluding, however, a 20' utility easement within
said portions which is to be retained by the City
of Virginia Beach, Virginia), as shown on that cer-
tain plat entitled IISTREET DEDICATION & CLOSURE PLAT
OF A PORTION OF ROSEMONT ROAD IN GREEN RUN P.U.D.
SUBDIVISION, PRINCESS ANNE BOROUGH, VA. BEACH, VA.,"
made by Talbot, Wermers and Associates, Ltd., Engi-
neers, Planners and Surveyors, Virginia Beach,
Virginia, dated February 12, 1973, attached hereto
and made a part hereof, and with reference to which
plat said portions of Rosemont Road are bounded and
described as follows:
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Parcel I
Begin at a point in the western line of
Rosemont Road designated Point 'A' on the afore-
mentioned plat; and from said point of beginning
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thence along a curve to the left having a delta of
160 32' 2111, a radius of 690.00 feet, an arc distance
of 199.18 feet to a point; thence along a curve to
the right having a delta of 10 50' 48", a radius
of 1,318.24 feet, an arc distance of 42.49 feet to
a point; thence S. 450 31' 361t W. a distance of
127.34 feet to a point; thence N. 4402'8' 34" W.
a distance of 90.00 feet to a point; thence N.
450 31' 36" E. a distance of 127.34 feet to a point;
thence along a curve to the left having a delta
of 90 49' 09", a radius of 1,228.24 feet, an arc
distance of 210.49 feet to Point 'A', the point of
beginning, said parcel containing 0.494 acre, more
or less.
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Parcel II
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Begin at a point in the eastern line of
Rosemont Road designated Point 'B' on the afore-
mentioned plat; and from said point of beginning
thence along a curve to the right having a delta of
30 52' 50", a radius of 600.00 feet, an arc distance
of 40.64 feet to a point; thence N. 230 54' 16" E.
a distance of 355.06 feet to a point; thence along
a curve to the left having a delta of 40 53' 35",
a radius of 950.00 feet, an arc distance of 81.13
feet to a point; thence N. 190 53' 18" E. a distance
of 89.48 feet to a point; thence along a curve to
the right having a delta of 240 47' 46", a radius
of 1,318.24 feet, an arc distance of 570.50 feet to
Point 'B', the point of beginning; said parcel con-
taining 0.228 acre, more or less.
Begin a portion of the same property dedicated
to the City of Virginia Beach, Virginia, by plat
entitled "PLAT SHOWING STREET DEDICATION TO CITY
OF VIRGINIA BEACH, VIRGINIA, PRINCESS ANNE BOROUGH,II
dated January 18, 1967, made by Frank D. Tarrall, Jr.
and Associates, and recorded in the aforesaid Clerk's
Office in Map Book.72 at page 6.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
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CITY OF VIRGINIA BEACH, VIRGINIA, that J. N. HcClanan, G. L. Hanbury
and C. C. Carrington
are hereby appointed to view
the above-described property and to report in writing to the
Council on or before May 14, 1973
, whether in their
opinion any, and if so what, inconvenience would result from
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discontinuing the same.
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Adopted by the Council of the City of Virginia
Beach, Virginia on
April 9 , 1973.
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ITEM #5738
On motion by Councilman Ferrell, 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, George R. Ferrell, 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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Absent: None
There is a project known as Pine Shores Apartments being built upon
Lots 1-12, inclusive, as shown on plat entitled "Pine Shores, Bayside
District, Princess Anne County, Virginia," recorded in Map Book 48, page
8. The recorded plat shown as easement five feet in width on either
side of the dividing line between Lots 4 and S.
Since other easements have been dedicated for this project and this
easement is no longer necessary, City Council vacated said easement
between Lots 4 and 5 on the Pine Shores plat.
ITEH #5739
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, George R. Ferrell, Charles W.
Gardner, Clarence ,A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council authorized the declaration of Lots 40 and 41, Block 117
of the plat of Lakewood as surplus property and directed that it be
advertised and bids solicited, and that the lot be sold to the highest
bidder. City Council further authorized the hiring of an independent
appraiser to establish the value of the subject property. If the bids
come in below the established value, the City reserves the right to
reject any or all bids~
ITEM #5740
On motion by Councilman Rhodes, seconded by Councilman Ferrell, 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, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
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Nays: None
Absent: None
City Council granted an easement of right of way to the Virginia
Electric and Power Company to serve a new driver training trailer
at Kempsville High School, as shown on VEPCO Plat No. R/W 30330.
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ITEM #5741
On motion by Councilman Holland, seconded by Councilman Rhodes, and by
recorded vote as follows:
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Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne; Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays:' None
Absent: None
City Council accepted the low bid of Crowder Contracting Company,
Incorporated in the amount of $72,900 for the Chesapeake Beach
Contract II, Section B.
ITEM #5742
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, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Ma1bon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council accepted the low bid of M. H. Newsome, Incorporated
in the amount of $156,013 for the Chesapeake Beach Contract II,
Section A.
ITEH #5743
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, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
~ity Council approved the low bid of VanDe Reit Construction Company
In the amount of $63,278. for pumping station serving L & J Gardens
Diamond Lake Estates and Lawson Forest. '
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ITEM #5744
On motion by Councilman Ferrell, seconded by Councilman Holland, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
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Nays: None
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Absent: None
City Council approved the low bid of Stuart Construction Company in the
amount of $698,114. for gravity sewer serving L & J Gardens, Diamond
Lake Estates and Lawson Forest.
ITEH #5745
Mr. Abernathy appeared on behalf of Mr, E. E. Brickell.
On motion by Councilman Rhodes, 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, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
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Nays: None
Absent: None
City Council authorized the receipt and disbursement of the following
funds totaling $144,438.91, and the necessary adjustment in the operatirg
budget:
Total
$ 32,000.00
85,976.00
10,037.00
16,425.91
$144,438.91
Driver Education grant
Reimbursement for library expenditures
Reinbursement for vacating right-of-way
Vo-Tech School equipment
ITEM #5746
On motion by Councilman Ferrell, seconded by Councilman Waterfield, 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, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray }1albon, J. Curtis Payne, Donald
II. Rhodes, and Floyd E. Waterfield, Jr.
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Nays: None
Absent: None
City Council approved a transfer of $70,000 from the Summer School
balance to Capital Outlay to pay the local share for Vo-Tech equip-
ment as listed in the previous Item #5745 in the amount of $16,425.91
and in Item #5440 (b), Minutes of January 15, 1973, in the amount of
$149,805.18.-
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ITEM #5747
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, George R. Ferrell, 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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Absent: None
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City Council authorized the City Manager to enter into a standard
water agreement for the Chelsea Subdivision, Lynnhaven Borough.
ITEM #5748
On motion by Councilman Gardner, seconded by Councilman Waterfield,
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, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
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City Council noted its intention to hold a closed meeting on April 11,
1973 and April 16, 1973, for the purpose of discussing items permitted
for discussion under the Freedom of Information Act of the Commonwealth
of Virginia. '
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ITEM #5749
by Councilman Payne, seconded by Councilman Gardner, and by
vote, the meeting adjourned.
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4~~ JTlwe , r., 'ay. r
City of Virginia Beach,
Virginia
April 9, 1973
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