The URL can be used to link to this page

MARCH 12, 1973 --II '-II . il ,"'--11 I, I II "I " MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA March 12, 1973 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, Harch 12, 1973, at 2:00 p.m. I , The invocation was given by the Reverend Emory S. El~more, Anne Methodis t ctU;fch ,.~irg_inia. Beach, Virginia. I ~C.gbl~~~jl_~en_p!,esertt: John A. Baum, Robert H. Callis"Jr., Robert B. Cromwell, jr., Vice Mayor F. Reid Ervin, G~orfe Charles W. Gardner, Clarence A. Holland, D. r-1urray Halbon, Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Princess Helyor R~-F err e n--;- J. Curtis Absent ~----Non-e-- - ITEM #5604 Mr--. Richard Kline, President of the Virginia Beach Chamber of Commerce-~-~ appeared bero-fe Ci tY_J::ouncil urging them to expedi te the signing of the proposed water agreement between the--ei Ly uf 'Norfolic"'andthe- Ci ty of-- Virginia Beach-and expressed appreciation for the efforts which are being-expenaed by the officials of the Ci ty i-n attempting to reach an acceptable contractural agreement. He further stated that the efforts of thisCi t;}L we r.e appreciated by the members of the Chamber of Commerce and- the publIc in g~neral. Mr. Kline further urged that a continued atmosphere of coopera ~ion==. betw~:I'!~~t~_,~{)li tical subdi vis ions be maintained. ITEM #5605 Th,e followiJlg persons appeared in support of the Department of the Interi~r closing Back Bay National Wildlife Refuge to public vehicular traffic: Mr. Robert McCausland, representing the Old Dominion University Chapter of ECOS, Inc. Mrs. J. W. Sills Mrs. Joan Skeppstrom, representing the Conservation Council of' Virginia Mr. C. D. Scully appeared in opposition to the City of Virginia Beach becoming involved in'any legal action to keep the public right of way along the Refuge Beach open. Mr. Jack Etheridge appeared before Counci] regarding the efforts tl1:it h~lve been mlldc by the'City of Virr~ini:l BelCh in proviJing llquatic food to the Refuge for support of the wildLife and requested Council not to take any action which woulclconflict with Pleasures prc'I'iously taken to sustain the wildlife. CTDf ;15606 Mrs. Mosley, representin~ the Tidewater Council of Boy Scouts of American presented ~favor Cromwell with a certificate of commendation for sUPP9rt of the Boy Scouts. ITEM 1/5607 Mrs. Eleanor M. Smouse, representing the Girl Scout Council of Greater Tidewater prcsentcd to Council a birthday cake to c~lebrate the sixty- first birthday of thc Girl Scouts of America. 'f'-II "" \ ITEH If 5608 ~fr. Charles cunnkn"-gham, renrescnting the Pcmbroke Headows Civic League, appeared before ~ity Council and presented petitions (which are on file in thc Office of the City Clerk) requesting the City to tak~ immediate action to all~viate the facto~s which are causing contamin~tion in Pembroke Lake and in addition killing aquatic life. Mrs. Mary Frances !'1cGuire, appeared in support of Hr. Cunningham and indicated that she had received a letter fron lfr. Geor-ge-Haftbttry,which stated that part of the problel:l resul ted from the' -u'sc'ocfu the lake as -a-- -- run-off area for rain Hater from other areas. ,- '-~---:--~-<--:'- . -" - ,-- - - -'"~-- City-Council requested representatives of the - ---t~~~~aps ~fr. Fl eming and ~rr. Hanbury to meet wi th th_.g;~~___. ~ Civic League of Pembroke i'!eadoHs and endeavor, 'ava-i-la.b.letO-- aIle\! ia te the cond i riol1S-:- - -. - --- .-"-:-,--,--'- - ~- -,--- --- -~~.,._._-~. ----.- - ._--- ",,:,,-~ ., Coul\~'ilman Baum.noted, at this time, that a policy.shoufd be establishei by~the City to determihe ownership and responsibility for such lakes as- the ~ne presently giving difficulty in Pembroke Meadows. (COUNCILMAN WATERFIELD LEFT THE COUNCIL CHM1BERS) ITEM #5609 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 Rob~rt B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. ferrell, Charles l\'. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. Ci ty Council approved the ~Iinut('s of the l\cgular ~leeting of February 2 ( , 1973, and the re:JdjIH~ of said ~[jnl1t('s dispensed \\'ith inasmuch as each COLI n ci 1 m a 11 had a COP)' 0 [ the S II b j e c t 11l i 11 U t C' s b C' for chi III . ""'''1:''1 --II .-'11 , I I, I , ~I' ~ ITEM #5610 On motion by Councilman Malbon, seconded by Councilman Baum, and by recorded vote 8S follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Hayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Halbon, J. Curtis Payne, and Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the Minutes of the Regular Meeting of March 5, 1973, and the reading of said Minutes dispensed with inasmuch as each Councilman had a copy of the subject minutes before him. I TE11 # 5611 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, and Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Counc i 1 accepted the following Cert ifica te of the Secre ta ry of th.~ Commonwealth, certifying that the ordinance creating the Tidewater Transportation District has been filed in hey office and that the sail ordinance satisfies the requirements of law: .. ., f" l.,...... ..4~' -: !r~ ~'~;. i ! ~; .~ ; i : ;' 111.' , 1'1),,~ ~ l~J '. ~ ~ ':)'~'~ 1,- ~ 1 'J" V M',~ WI ~rJ':' , . " ~4} , ,!;:j~'-;p',:..Jo,',':(;>:-;;~';~),~ , 'j', ";,' " ,.,' .',"~, I ' . ',,',f','. ,.~,""''''''''' ..~~~ ;\r ;0 '\{'1r l,~,;"l ~1J '(' ( ,~ I':" 't. r-:: '-"' ~'ii $' ~ , \ " " y , ,) ~; I" Ii I j) , '1tV '''';, \~'~",~ ",,"'}.' (.1,1 .,," 1/ '..-/</ ..... ." ',' ,J\Jt"J~J ) ~ ~ ' II ~~.,~ / _ /'l' , '.~1 .,' ~. ;'1. ~;. f' ,..... --......,~/) / .-(~ .J~ '\ 47.~".. ,I -.......JtII.. />; (.1)).\ " _ _ "."'. . ..-,..... ~/' Jr}. ,,;.) .....'" #. "-1 I, I II f.U("ttMO~ , - '~GiNtA .~.~/ :'l.... l~..;' -y '1 ).1 ~ "j> "'1: "'t ., "'" -. .; ~ ,j ~~~ . Jl~t 4 i !.~ ~ 11+ ~<+~. t~l <'t.; OFFICE OF TilE (~)~~(r\i<tr\) ,-,f lhl~ ([ <)Ututolt\l)~alth . ~ <. c/ (' /J / //.// (/ / /)/) (/, LOUISE JONAS) ACTING .. /~Y' !rY/I/Y r/(/I~/ (r I'J//II/I(/III~'eaCI/t:, ) I /' ,J //Jrl'f ,r- // , (// /1 / rl/II'(I'IJ .)111';;. 'A~'0"; r/"~/~' .~'//~YlII'IIII'I./r/').)~}/~/~ra,J, r/fJ' /htry ~y/)1/; $;// AN ORDINANCE TO CREATE THE TIDEWATER TRANSPORTATION DISTRICT PURSUANT TO THE TRANSPORTATION DISTRICT ACT OF 19n4 WAS FILED IN THIS OFFICE FEBRUARY 23, 1973, AND FIND UPON THE BASIS OF THE FACTS SET FORTH THEREIN THAT SAID ORDINANCE '-\1 SATISFIES THE REQUIREMENTS OF AFORESAID ACT. ~ ~~ , Jfx~X~: /~&ixN~~~ ) . v,n.rn-/'lYWVwA K~xt~XXntiVZ~M'.A~ ~ 11""""11 ~_,..A ," ^A~,,,,,, ~~ ~ ~ -'If ,. ',<II ~ ~ ~. ,,~ .: ..~ ." '(" I,' -7;, ll~ \ I' \ "~8, ~ /(,:, ,;\" 0( " flf, \'!, "\ " .... r' r;/ > <It. ",I" ~ ~ ~ .4. ,:i ~ ~ ( ~ l ,~ J.. ...a. ~~ 4~ ~ ' ~ ~ . ' .~~ t .... y' '.v ~ 1 il COiiY'I1 ~OI('d-'1 ..;1//1/ kl'//,/a/la(<Ot/kr ,af' Le sse r ",krl'/ 9":&;' ~CJ111I1/W/I'f'aII4J al..';fr;"/lIN/wrl ///;j 23rd I'k~y ~ February I 1'# I/f; /Irol' ~' <"lIt- .5{/;r/ flit' d;"'~)(UI////r)lr L-I,w/;~d /OId seventy-three J ("uN/til;>>; 197 thl/. '/() f}/I/;~Y,;Y)III'('J)llly'(',(lh), ;J;-~,-e.. 9t"k-~ Ac tin g ,k(i('W~/:; r/b1;"I/WIlIIt'llII'mliJ.' I i III ,I I TEl Ii 5 6 1 2 '-'-~licilti':m ()!=' t>...tla-":J, TpC -.., -.. ..'" ro",,' . F'''''' 'r""~+- ["'\'1 ~~~ti~~ ~~;r ~;;O 1 ~i' ;;.~ i~ ~~;':. ~~1;, ~L~~i,n~;;~i~:~~~~~ ~:~~~;t~~ ~;~;~~L:lS S~ction ~~-1 '-:If !~d~a.~ L!~~ r::s ?la;~r;2.j !:nit =~"J~~lo~:~~~ri~ -1S :.;hOl:n 0:1 ~h,~ Pl.3t ::~/ Talbot, l,!crlcrs ,'~ j',ssoc;atcs, Ltd., d'lt~"\d 1lov':'-:~'cr ~, 1972. Plats \,:ith norc detailed infornation are available in the Dcpartriient of City Planning. (Indian Lakes Area). KEIWSVILLE ~OROUGH. Planning Commission Recommendations: ~~il ^ motion by thr~ Plannin1 CO~1r;1Lsion \!as passed for approval 'of this request. Said r.lotion is subject to the fo1lmling stipulations: 1. The us~ r,-:rr:lit -j 5 I,di fi :"'d to 12 units D~r acrn, or a total of 456 a:)artm;~:1t units, allurin1 cY'('dit for th~ c::!1t'-~rlinc of the lal~c and the cl"......(...rl.;)'l..' 0'::: r:.)l~~ ('-"'\~l fl-.\-"l, :;-0.'.1 (n"l'::'\~""'~l~'''''''') "-<, , l. _ ,. \_ I ~'" I .... ......."...... ; ..., ,l..A.,. I ...1.. 11. I.' ~ 2. The; bu-il:::T ::'1s a'T, -.:;rJ thi)t 1:0 !'ouihiiWl i1C~ri'jit \!ould b~ o~tainf?d for the a:-~ilrt:. ".:nts until ,l.-:'~:~~l,t:/ 1, 1:'7~~.. 3. St::,j,::'.,'1 si l'-::' :-h;l \'(';qil"_-~';ltJ to include sufficient rir;ht of \.'Cly prov-1 c-:J for tL,:; :i~C~)8~(;\~: -i H ::',~'rc!'<~:lr10 at Fa 1 sa C2flC PurLL'u,y. (Engi r1ccr; n:;) 1 C'J" "V ",- ""'~ "",I .-," ("--'''1101.,) I.t. 1",,,:.rJ l,....,:i (.\1. ..t .: ".: ;.. 'CI. \,,: i S. 15 pe;r C::"lt cr t:~',..l :,C'\" - '; ;;; c'~'~'!c?lo~":J for active rccrcat-lon by triC d:~\'.:;lr)er. (l\lrks and :,:!...:'.~:i:nn) Mr. Douglas Talbot appeared on behalf of the applicant. 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, and Donald H. Rhodes. ......11 Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the above application of Gertland, Inc., for a Use Permit to construct 456 apartments on certain property located on the North side of False Cape Parkway (proposed) and the East side of Indian Lakes Boulevard (proposed); said parcel is known as Section M-l Wermers & Associates, Ltd., dated November 9, 1972 (Indian Lakes Area) Kempsville Borough. Approval of this application is subject to the following stipulations: 1. The use permit is modified to 12 units per acre, or a total of 456 apartment units [a reduction from the original request of 555 units], allowing credit for the centerline of False Cape Parkway as required by the Planning Department. 2. The builder has agreed that no buiJding permit would be obtained for the apartments until January 1, 1974. 3. Standard site plan requirements to include sufficient right of way provided for the proposed interchange at False Cape Parkway as required by. the Engineering Department. ,,'-11' 4 . . Ii 5 . City water and sewer as required by the Health Department. IS per cent of total acreage be developed for recreation by the developer as required by the Parks and Recreation Department. 6. The developer will provide to the)epartment of Recreation the overall plan for the recrelltioaal use of the entire Planned Unit Development. 7. The developer will maintain the lake until such time as the Homeowners'Association is deeded it and the responsihility for it. . ITEH #5613 Application of G. J. Gulbranson by Edv/in C. !(~l1am. ^ttorncy. for a Challf'le ~f ,~orl!!:ill.. from Residence Suburban 01 ~;tri ct 3 (r~-S 3) (~,nd Lillited Con~fo~rci al District 2 (C-l 2) to ;'iultinle Fami1~( !~esidr:ncc District U:-IIJ) and a Use ~:.mi~ to construct 224 apartments on certain property located on the--North side of Providonce Pond at the intQ~section \rith Indian Rivnr Rand, running a .-, distance of 818 feet r~ore or less aJo:v;. the :;orth siG~ of Providence P.oad, rwning a dist~mce of l1S0 feet alOiYl t~l(~ Ei),<;Lrn prc;,orty line (;'ood:;tock Elc;;;!)ntnry Sc;;(;ol), n:,ifl;nl a di~t:',iiCi: of :;;:] fc:t r:lc.:;(j the r:orthern nrct1~rtv lin~ and runrdng a ui<x'lc:; of 1rl:i.;;:' f;. '.:. <11(",'1 t:,": :,';:.C:I'i1 prw)t:rtv' line. ~ Sa1 d paree 1 Ci:tili n<; L:;. G :::;~' ';3. C :x:d:;tocl~ U' :"'C~:lt~n~y :;Ch00 l-Cnrret:t 's Corner l'rea). KC: .:;;:;':U.U: ,/J;:i.l:J':H. ' ' Plan:ling CCi:T.:ission rr:C:.l:':;.~':ndation: N A r;z>tion by th::! P1Dimin1 Cc;;;~..,i$sicn \/::\5 pa<::cd for (::;1i.ll of this rQC)llest due to U.('l. e,y;o:;"iti"n of t!~, t"v-:':.--!,-,',+" of' ~-~\" -,',~"'" "l~"':'(:':c t!l~t \''''lld I" -'~nr...t"d '.... .' " .J j . P..- .. . ~ ,_ . l , y.,) . '- I ,"__~ t-i-. ~ .. l .... f I I I (. ".f ~ . ~~~ ~~. ~.;;"l (. I . by th= proposed use viOuld sc:riously incri'\,"lso t;;... traffic hazdrd currently .- . t' " eX1S "l'1J. Mr. C. Clark Laster appeared before City Council on behalf of the Attorney for the applicant requestjng deferral of consideration of the above application for a period of one (1) week. Mr. W. E. Reitelbach appeared before City Council requesting that the application be considered at the present time. On motion by Councilman Ferrell, seconded by Councilman Callis, and by recorded vote as follows: --I Ayes: Councilmen Robert H. Callis, Jr., Hayor Robert B. Cromwell, Jr., George R. Ferrell, Clarence A. Holland, D. Murray Malbon, and Donald H. Rhodes. Nays: Councilmen John A. Baum, Vice t1ayor F. Reid Ervin, Charles W. Gardner, and J. Curtis Payne. Absent: Councilman Floyd E. Wate~field, Jr. City Council deferred for a period of one (1) week consideration of the above application of G. J. Gulbranson for a Change of Zoning from Residence Suburban District 3 (R-S 3) and Limited Commercial District 2 (C-L 2) to Multiple Family Residence District (R-M) and a Use Permit to construct 224 apartments on certain property located on the North side of Providence Road at the intersection of Indian River Road (Woodstock Elementary School--Barrett's Corner Area) Kempsville Borough. t .-'1' ITEM #5614 Application of Nindsor Holland Corporat'ion for a Us'.? pnrl'lit to construct a , '--." "...--,.- sC\'fage pur:oin1 station on certain pr'operty lOCJtcd WI:) reet more or less North of Holland Road on the ~'Jest side of Hindsor Oaks Boulevard. Said par- cel is 75 feet by 40 feet, and contains 3000 square feet. (Windsor Oaks West Area). KErlPSVILLE BOROUGH. . Planning Commission Recommendation: A motion by the Planning Commission was passed for approval of this request. Said motion is subject to standard site plan nview. (Engineering). " I ' ill "I . Mr. Douglas Talbot appeared on behalf of the applicant. On motion by Councilman Ferrell, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Hayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. ''''"1' Gardner, Clarence A. Holland, D. Murray Halbon, J. Curtis Payne, and Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the above application of Windsor Holland Corpora- tion for a Use Permit to construct a sewage pumping station on certain property located 1075 feet more or less North of Holland Road on the West side of Windsor Oaks Boulevard; said parcel is 75 feet by 40 feet and contains 3000 square feet (Windsor Oaks West Area) Kempsville '. Borough. ' ITEH #5615 Ppp11c<1tion of ~'!onble and L1ct-,31d C:.:ildcrs. Inc. $ for a ct!il2:,:,e of Z(l:1il"~1 from r.::sic;:::nce Suburban District 'I, ([~-S 11) to ;~ulti~llc F,l:xiiy i,;esidQnce District (p.-:1) and Gt~neral Cc!::;,;crcial District 3 (C-G 3) on certain property located South of Steilart Drive and the East side of Kempsville Read. " , Parcel A: Change of zoning from R-S 4 to C-G 3: Cc:qinning at a point 192.67 feet South of SteV/art Drive, running a distance of 2;:9.35 fret along the East side or Kr.:mpsvil1e ROi::d, running a distance of S~1.19 fr:at along the Southern property line, running a distance of 301.4~. fr;~:t along the Eastern property line and running a distance of 857.11 feet n"long the ~;orthern property line. Said parcel contains 5.044 acres. Parcel B: Change of zoning from R-S 4 to R-:1: Beginning at a point 712.76 feet South of Stewart Drive, running a distance of 818.75 feet along the Hestern property line of \'lhich 212.51 feet is the East side of Kempsville Road. running a distance of 2092.2 feet along the Southern property line. runn- ing a distance of 513.01 feet along the Eastern property line and running a distance of 2065 feet more or less along the l~orthern property line. Said parcel contains 17.987 acres. Plats with more detailed 1nforr.mtion are available in the Department of City Pl anni ng. (Country Haven l\rQa). KE: irSVILlE !3QF:OUG:I. .-, Pl anni ng Commi S5 1 on ReCOl'1:1;enda ti on: ^ r.1otion by the Plannin9 Commission \'iJS passed for denia~ of this request due to the opposition of the residents of the area and as tillS proposed use Nould be in conflict with the Krnpsvil1e Oevelopr,1ent Plan \'lllich recommends 10\0./ density residential and agricuHural use of the subject property. ''''1' .1"-.1 ., . Mr~ Montgomery Knight, Jr., Attorney, appeared on behalf of the applicant requesting withdrawal of the above application. ,-, Mr. Grover Wright, Attorney for the residents in the area, appeared in opposition to the above application and to the withdrawal of same. Councilman Ferrell made a motion, which was seconded by Councilman Callis, to allow withdrawal of the above application of Womble and Liebold Builders, Inc., for a Change of Zoning from Residence Suburban District 4 (R-S 4) to. Multiple Family Residence District (R-M) and General Commercial District 3 (C-G 3) on certain property located South of Stewart Drive and the East side of Kempsville Road, Kempsville Borough. Recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., George R. Ferrell, Clarence A. Holland, and D. Hurray Halbon. Nays: Councilmen John A. Baum, Vice }1ayor F. Reid Ervin, Charles W. Gardner, J. Curtis Payne, and Donald H. Rhodes. Absent: Councilman Floyd E. Waterfield, Jr. There being a tie vote, the motion was lost. On motion by Councilman Baum, seconded by Councilman Gardner, and by recorded vote as follows: '-1 Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Hayor F. Reid Ervin, Charles W. Gardner. Clarence A. Holland, D. Murray Malbon) J. Curtis Payne, and Donald H. Rhodes. Nays: Mayor Robert B. Cromwell, Jr. and Councilman George R. Ferrell. Absent: Councilman Floyd E. Waterfield, Jr. City Council denied the above application of Womble and Liebold Builders, Inc., for a Change of Zoning from Residence Suburban District 4 (R-S 4) to Multiple Family Residence District (R-M) and General Commercial District 3 (C-G 3) on certain property located South of Stewart Drive and the East side of Kempsville Road, (Country Haven Area) Kempsville Borough. ITEM #5616 '~I ^pplication of HONard Johnson'=; Restaurant for a Use Pf'mit for dancing and 1; ve enterta 1 nment on certa in property 1 oed tGd at t:;ic-),ortilcas t corner' of Atlantic Avenue and 37th Street. running a dist~nce of 150 feet along the North side of 37th Street, runnin(J a distance of 325 'feet alonq the East side of Atl anti c Avenue. runni ng a d1 stflnc~ of 150 fent along the r.orthern property 11 ne and running a distance of 325 feet along the Eastern property line. VIRGINIA BEACH BOROUGH. Planning Commission ncco~ncndat1on: A motion by the Planning Commission was passed for aprr:,oval of this request. .~ , Mr. Lamar White appeared on Deh~lf of the applicant. On motion by Councilman Callis, 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 Ma1bon, J. Curtis Payne, and Donald H. Rhodes. ''Nays: None .~ iO'lillii Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the above application of Howard Johnson's Restaurant for a Use Permit for dancing and live entertainment on certain property located at the Northeast corner of Atlantic Avenue and 37th Street, running a distance of 150 feet along the North side of 37th Street, running a distance of 325 feet along the East side of Atlantic Avenue, running a distance of 150 feet along the Northern property line and running a distance of 325 feet along the Eastern ~ property line, Virginia Beach Borough. 'fll!"Jl"t ITEM #5617 -Arpl1c.1tion of Georqe U. Barnes for a C;"'nn~ of 7wiin'J fra:1 Retail Business District (3-1) to General Cusiness ois:b;ic'rOj-2)-on-Eert('rin property beginn- ing at a point 90.5 feet ::orth of 29th Street runnir.1 a d'istance of 49.5 feet along the '..Jest side of J\tlantic Avenue, running a distc.ncQ of 258 feet along the t'!orthcrn property line (20-foot all-2Y), runninq a distance of 49.5 feet along the Hestern property Hne of t!hich 40 feet ;s th~ East side of Pacific ^venuc, running a distance of 258 f('~t along the South2rn prC':;c~rty line. Said parcel contains 11,474.25 square feet. VlkGI;lIJi. CEriCH BOROUGH. Planning Comniss1on Recornendation: A motion by the Planning Conmission \;as passed for approval of this request. Mr. George W. Barnes appeared on behalf of his own application. Mr. Dean Collins, Attorney for Gulf Stream Hotel, appeared in opposi- tion to the above application. Councilman Gardner made a motion to deny the above application of George W. Barnes. There being no second, the motion was lost. On motion by Councilman Halbon, 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, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes. Nays: Councilman Charles W. Gardner. Absent: Councilman Floyd E. Waterfield, Jr. ."", City Council approved the above application of George W. Barnes for a Change of Zoning from Retail Business District (B-1) to Gen~ral Business District (B-2) on certain property beginning at a pOInt 90.5 feet North of 29th Street, running a distaJ'ce of 49.5 feet along the West side of Atlantic Avenue, running a di~tance of 258 feet along the Northern property line (20-foot alley), rUJ.ning a distance of 49.5 feet along the Western property line of which 40 feet is the East siele of Pacific Avenue, running a distance of 2~8 feet along the Southern property line; said parc6l contains 11,474.25 sq\lare feet, Virginia Beach Borough. I I III ;;1 ITE~l it 5613 _~~~ ~ i C~ ,~,~;;, 0:, r;~'] ~:~ iT! ~;0 ;:':::~:,::::? ~ ~~;~:~ ,_~~: ;~ .~> ~'~:~ o!.. ~~"';,~:. ~~n~l t\~rlCJI ,.,a1 ;..,$",1 .....l. ,d-") ..0 ,....1:..;;1,.. r~" 'J ,,~....,-, .,,,e ;.'I.,,;,:rlC;. \:,-,1) and a Use Per~it to construct 12 a~Jrtr~nt units (C dunlexes) on certain Pl~op{!rtYlocat<:d on the East side of i~orl'is ~:cck r\);d hcqinninq at a point 313 feet South of Stene Road, running u distanc~ of 3J7.4 feet along the East s':de of r:0l41"'is rJrck Hoad, runnin('1 a distunce of S33.98 feet along the Northcl'rl property -line, rUIi;;'jrl'; a dist~;ntJ of 334.7~3 feet along the Eastern property line and running a distance of 473.1 fe0.t nlonq th2 Southern pro- perty line. Said parcel contains 3.85 acres. PU;~GO IJO~OUGH. '-1 Planning Cor-r.',ission r..~co:';~:;~r.nJJ.tion: A l'iotion by the Pla;i:i1n'1 rn:::'is:-;io;l \.liJS t;:"~ p~~:.,~i"{" .~: ~';"~i;;'; 0, ~:. <, t : ,_~ t' r~: I ':~ ".' .~~:; !''';. ....,. :1 ~! l; ~ V .: 1 ." ; ..4 i :. I ~ ~ ;~;: i r~ssrd for ~cnia1 of this request as ,. ,. <: :~OT; n'; ,,1<.1 is in co,n i ct \'i th :- ..~.::; i., ti cu ltUlAJ.l L;: ':. Mr. Maurice Ealy appeared on behalf of the applicant requesting a deferral. Mr. Billy Chaplain appeared in opposition to the above application. On motion by Councilman Payne, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Mayor Robert B. Cromwell, Jr., George R. Ferrell, Clarence A. Holland, D. }1urray Malbon, J. Curtis Payne, and Donald H. Rhodes. Nays: Councilman John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Reid Ervin, and Charles W. Gardner'. Absent: Councilman Floyd E. Waterfield, Jr. City Council deferred for a period of one (1) week the above application of Farm View Apartments, Inc., for a Change of Zoni~ from Arigcultura1 District (A-R) to Multiple Family Residence District (R-n) and a Use Permit to construct 12 apartment units (6 duplexes) on certain property 10ca ted on the Eas t s ide of r,lorr is Neck Road, Pungo Borough. ITEM #.5619 (a) , I Application of Roger Cahoon and Leslie Terrv for a ~~~~r;.:1~ 9J. I~~ing. from One Family Residence District (R-1) to j'iu1tiplc F('ir,dly h,,,::;idcnce IJist:nct (R-3) and a Use Pct'mit to construct 36 apartment unit5 on c:;rtain property beginning at a poTIi""f490 feet more or less South of florfolk I\vrliue (Southern Boulevard), running a distance of 159 feet along the [(:st side of Indian Avenue. Parcell: Use Permit to construct 36 apartment units: Beqinning at a point 490 feet more or less South of ~:'Grfolk Avenue (Sotlt:;~~rn Boulevard) and running a distance of 159 feet along the East side: of Indiall tNenue, running a distance of 449 feet along the Southern property lil1(~9 y'unninl1 a distance of 312 fc~t along the Eastern property line and runninq a dist3ilCC of 271 f::?ct along the Northern property line. Said parcel contains 2.G acr~s. Parcel 2: Change of Zoning from R-1 to R-3: neqinninq at a point 490 feet more or less South of Norfol k Avenue (SC!rUH::~~n Boul-;'/~inJ) and 68 fEet more or less East of Indian l\vcnue, running a distJ.!ice of 2C)3 feot along the tiortl1crn property 11ne, running a d-;stance of 27(, f(:.:'t a'lonl the [astern !)roperty line, runn1 n9 a di stance of 120 f('et alone the ~ Ilth:'\'n Pt'\1~2rty 1 i na and runni ng a distance of 351 feet more or le~s alontl the \:2stcTn property line. Said parcel contains 0.9 acres anJ encor:~passes lln of that por'tion of said Use Pennit reClucst that is currently in tile VirginL\ B~~\ch Borouqh. Plats with more detailed information ar(~ avai1,u1e in the Departr.lcnt of City Pl i (--. d 1 [\ ) lY'''II''\'f"<1 "dID \1'1 l"."'V/\ o.-nCII !~("nn'Jr.II'" ann ng. ~jlJ. Oi-J uvl1l J.rca. :j.u!,li".~I~ ;'-,;,[ :\:"LH, LiU\ " u),,01 ,J..:>. ''''''I' Planning CO:;}llission P.eco;r~ncndntioll: l\ Fiotion by the P1anninl'} COii.:.;l:.sion I-filS IY'5sed for approval of this rrqu':st. ~.:dd 11;)tion is sub5:~ct to tlh' ful'lo,,(il:J ~',r.ipullltion,;: I I ,II .. 1_1 1. The use penn1t is m,)dificd to 28 anilrtr'0nt units based on 2.6 acres. 2. The applicant shall net tJp into th~ S~adowlawn ~Jter supply but use the existing lines th.:lt the a:lplic.:mt has stated \'!Ould be lIsed. 3. A o-f,.'ot pr-i':acy feme' 511(11] be cr~ct0d along the eastern property line abutting the sinqlc f(llTiily arc,]. (Plti:minq) 4. St.:1:dJrd site plan rcquirt:,;~nts to indl'dc n::\'J pavement of 23 feet, cur~ and q~lt!;:'r, s'l~f:ll~J;:s i'lnd ~tr;rTl drnin3 as n~:ce~";;ir'y alo~Y1 Indian Road. If lntc~rnt.11 s':;'::r:t 1::; t') !:.~; ,11'.:; c,L"'; :,,!:';lic t"ll.'>,t ('f Hay, it shall be con- t'tr""t""l t. ", ;'\' <':'; ,.;,O~:,_,'~ f,; ,'. "...;"...) , .. .,.... .t...... '.. L" '.' ,.'.. "..... ".. . \ , ,. J \ ,,' 5. A C 'IC".ti 0,1 of ;'i ...~Tt cf \' ,/ ')-,' Of H'r': l t7,'.~ cr:ntcr 1 i n~ of the exist'b" :"!.,;. ',.( l'i:;,~ .:;~ .,:....," 'If;''', " .. .:~ i,.:.r~: or 1c:s:; frod::;r; on 11' """1 r"""",.. (l 1:1-"""""'1: <,',." i,'c'.. ..,.. "'., ,~', ~ ,. \.. J (l,.~', ~... .' .,. ... _., .: . Mr. Leslic Terry appearcd on behalf of the applicant. Mr. Calvin Davis appeared regarding improvements on Indian Avenue. On motion by Councilman Callis, seconded by Vice Mayor Ervin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the above application of Roger Cahoon and Leslie Terry for a Change of Zoning from One Family Residence District (R-I) to Multiple Family Residence District (R-3) and a Use Permit to construc~ 28 apartment units on certain property beginning at a point 490 feet mOT(~ or less South of Norfolk Avenue (Southern Boulevard), running a distance of 159 feet along the East side of Indian Avenue. Parcell: Use Permit to construct 36 apartment units: Beginning at a point 490 feet more or less South of Norfolk Avenue (Southern Boulevard) and running a distance of 159 feet along the East side of Indian Avenue, running a distance of 449 feet along the Southern property line, running a distance of 312 feet along the Eastern property line and running a distance of 271 feet along the Northern property line. Said parcel con- tains 2.6 acres. Parcel 2: Change of Zoning from R-l to R-3: Beginning at a point 490 feet more or less South of Norfolk Avenue (Southern Boulcvard) and 68 feet more or less East of Indian Avenue, running a distance of 203 feet along the Northern property line, running a distance of 276 feet along the Eastern property line, running a distance of 120 feet along the Southern property line and running a distance of 351 feet more or less along the Western propcrty line. Said parcel contajns 0.9 acres and encompasses all of that portion of said Use Permit request that is currently in the Virginia Beach Borough. . """""I Plats with more detailed information are available in the Department of City Planning. (Shadowlawn Area). Lynnhavcn and Virginia Bea~h Boroughs. .~ I I III 'I . Approval of this application is subject to the following stiptilations: 1. The use permit is modified to 28 apartment units based on 2.6 acres. ItIfIIrJ'l 2. The applicant shall not tap into the Shadowlawn water supply but use the existing lines that the applicant has stated would be used. 3. A 6-foot privacy fence shall be erected along the eastern property line abutting the single family area as required by the Planning Department. 4. Standard site plan requirements to include new pavement of 23 feet, curb and gutter, sidewalks and storm drains as necessary along Indian Road. If internal street is to be dedicated public right of way, it shall be constructed to City standards as required by the Engineering Division. iiI,l. S. A dedication of right of way 25 feet from the center line of the existing 3D-foot right of way along the lS9-foot mor~ or less frontage on Indian Avenue (a lD-foot dedication). 6. City water and sewer as required by the Health Department. ITEM #5619 (b) On motion by Councilman Callis, seconded by Vice Mayor Ervin, and by recorded vote as follows: f!'llO>'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. ~furray Malbon, J. Curtis Payne, and Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr, City Council added the following stipulations to the above application of Roger Cahoon and Leslie Terry, which had inadvertently been left out of the previous motion: 7. A minimum of 15% of the total acreage be provided by the deverloper for active recreation. 8. Participation in school site acquisition. ''''''''1 -r I ~ I I I ,II ITEM ,15620 Af'')'d,=~t1cn of~. I. ':int:;.'~? '=_~'<~r'-:: 7. (1:".,. II!. Attorn-:-y, for a (t'>_-:'1~~ 9J. !;'):c~:.:l fr~J:n Rp.sid'~nce ;:'j:t;rb;m Jistrict :; (;:':-$ 3) to ~~u1tirl,'? Fa'111y- Res1d,,:nce (R-t-l) and a Use Pcrnit for a 84-b~d nursincl care and residential facility on certain pl'operty b0.Tinn1n~ at a point 941 feet more or less \!est of First Colonial Road, t'unning a u-istJilCe of 1;25.73 feet alonq the South side of Wildwood Drive, running a distance of 268.47 feet alo~g the tJestern pro:;crty line, running a distance of 432.34 feet alonq the Southern property line of ,,;hich 50.(A feet is the llorthern extremity of Oaillio Dr;ve runnin~ a distance of 831.12 feet along the Eastern pro~erty line. Said t purcel co;r;;~\ins 8.S1 acres. (General llo5pitnl of Virsinia neach Area). LVr-::,::/\V:;1 BQi~JUr.~I. P1 ann; ng COi~'.mi s s ion RCCo::1."1C;ndat lOn : A motirn by the Pl;~nldn'J CO;;i":lissiG~l V.1S p;;ssC'd for ilTJproval of this request. Said motion is subject -Co the follm-ling st'ipulnt'ions: 1. lbter and s,--;';-;r line fees \'cquircd. (ru~)l;c UtilH-jes) ? St''''tr'''I''d c-l'~." ol"n rc'-'!-:r~"'"'n-!-''' 4-0 -:...rl ,'. s+ "'d"" d t 1d ... v.J,,,,,"~ "v. t (, "IL I ',:",,; ...,>.. I ,l~ U((~ "3,, ~,\r pavemcn w en- ing of 23 feet over'all t curb and ';uttf~r~ sL(:~Hlks and storm drains as necessary shall he constructed i11::;;" \l"ilG':[)[jrJ Driv~. Th~ ditch a10nq the eJ.stern sic!e of th0 prripC"rty s;',111 \;C~ r:;I'i,c:".J l;:-lth enclosed stom drains (pipe) adcqllatcly siz~1 for all u~stre~m dr~in~~e calculated on expected future runoff coefficients. A 2G-foot drain~~} casc~~nt alonq the eastern property line and CO-foot dr(lina\'~ Ci?Sc:':,;;rc ;:,'10:1'1 tile slJuthsrn pro~c\.ty 1 ~ m~ shall be ~cdi cnt'2d to the City, Tile ditch a1onC') the? southern P~'OpCI"ty 1 Hie shull be 1rnproved to handl e expected ftrLure drair:c:qe. (EnSi l1ecY'i n'J) 3. A dedi cat; on of ri ght of \':ay 25 feet frcm the center 1 i nc of the existing 3D-foot right of \;lay a10nq the 425.73-foot more or less frontage on lJildwood Drive (a iCl-foot dedication). (ncill Estate) 4. City ~'Jater and SC'dcr. (ilealth) 5. The area back about GOO feet south of Ui ldl,:ood Drive is an old borrow area and 2 to 3 feet of the soil hJS been rC::lOv(~d. This area has gro\'ln back in pin(~s. r:ost of tho rc.~~:1"ininq portion, b~:ginnir:q 108 to 200 fc:;t back is either s'loping erod'ible soils OJ'' a IEl~ur(ll driiinagc\'Iay or flood \:lay W;l i cll s hou 1 d be pro tocted . Mr. Edward T. Caton, III, Attorney, appeared on behalf of the applicant. On motion by Vice Mayor Ervin, 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, and Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. 'f""""' City Council approved the above application of H. I. Winter for a Chan!~E~ of Zoning from Residence Suburban District 3 (R-S 3) to Multiple Family Residence (R-M) and a Use Permit for a 84-bed nursing care and residentia facility on certain property beginning at a point 941 feet more or less West of First Colonial Road, running a di~tance of 425.78 feet along the South side of Wildwood Drive, running a distance of 868.47 feet along the Western property line, running a distance of 432.34 feet along the Soutlle property line of which 50.64 feet is the Northern extremity of Baillio Drive, running a distance of 881.12 feet along the Eastern property linl~; said parcel contains 8.51 acres, (General Hospital of Virginia Beach Area Lynnhaven Borough. Approval of this application is subject to the folll)\~ ing stipulations: " . 1. Water and sewer line fees as required by the Public Utilities Division. 2. Standard site plan requirements to include standard pavement widening of 28 feet overall, curb and gutter, sidewalks and storm drains as necessary shall becconstructed along Wildwood Drive. The ditch along the eastern side of the property shall be replaced wi th encl os eel storm d ra ins (pip'e) adequate I y sized for all upstream drainage calculated on expected future runoff coefficients. A 20-foot drainage easement along the eastern property line and 60-foot drainage easement along the southern property line shall be dedicated to the City. The ditch along the s outhe rn property line s hall be iJ~:proved to handl e expec ted future drainage as required by the Engineering Division. 3. A dedication of right of way 25 feet from the center line of the existing 3D-foot right of way along the 42S.78-foot more or less frontage on Wildwood Drive (a lO-foot dedication) as required by the Real Estate Division. 4. City water and sewer as required by the Health Department. S. The area back about 500 feet south of Wildwood Drive is an old borrow area and 2 to 3 feet of the soil has becn removed. This area has grown back in pines. Most of the remaining portion, beginning 100 to 200 feet back is either sloping erodiblc soils or a natural drainageway or flood way which should be protected. ITEM #5621 ,~" I J\~plic",t<jo, of E. ::. Kupcr:::',L';: f:': nt:>I1";:':,rln If:vy, for a C~-m:c~ of 7nn1nq from r'u'lti\1"lp F,"--:i1\.' i:0sid!:loncn l'ir,-:~T"I"'t. (11,_[;',) 'i'o L",":', i"'; ((',...,....;:;~,;:::;.~..-!~ i':l'~,":;"j:",:ct 2 . ~ ...., " --.' \,... \..0 ...... '" "vY ,I 'I v'," t, .,3',.... '.-..,~. ,'~J_f ...,~.., I" ~'"" (C-L 2) on certain property bc~~~irming at a po'liit S'17.',3 feet East of Eastl':ood Lane and runni ng a di stance of 133 feGt F)l'e Or' 1 CSS d onq the South side of Laskin Eoad, running a dht\1ncc of 262.~;0 feet alan] the Eastern property line, runninq a distance of 120 feet narc or l:'ss alc.;H' the Southarn proDcrty line and running a distance of 277.76 feet alo:ig th~ :~'2st('rn property line. Said parcel is knot'Jn as Lots 25 and 26, nap of r;(.o~ey n~nor. Said parcel contains 36,000 square feet more or 1 ess. (r.Taxey l1anor-Cc:\stvmod Vi 11 a J\rea). L YiiNHiWEtJ BOROUGH. Planning Commission Recon~endation: A motion by the Planning Co~ission was passed for approval of this request. Said motion is SUbjf:ct to the follO\'ling sUpulations: 1. Hater and sm:cr lin~ f~es required. (Public Utilities) 2. Standard site plan rr~uir~Ments includinQ pJV0~ent wid~ning, curb and gutter, sidCi'Jalks and storm drains as necessary along marginal access road (Laskin Road) \:hen sHe ;s develrm0d. (Enqineer';ng) 3. City \'Jater and sevIer. (Health) 1""'..\ " I I III ,'I . On motion ~y Vice ~lavoT Ervin, ;,econded bv Councilman (~ardneT, and by recorded vote as follows: Aye::.;: Councilmen John .;\. Baum, Rohert H. Callis, Jr., ~1ayor Robert B. Cromwell, Jr., Vice ~Ia!or F. Reid Ervin, ~eorge R. ?errell, Charles W. Gardner, Clarence A. Holland, D. ~1urray ~1albon, J. Curtis Payne, and Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the above application of E. )1: Kupersmidt for a Change of Zoning from Multiple Family Residence District (R-M) to Limited Commercial District 2 (C-L 2) on certain property beginning at a point 517.13 feet East of Eastwood Lane and running a distance of 138 feet more or less along the South side of Laskin Road, running a distance of 262.58 feet along the Eastern property line, running a distance of 126 feet more or less along the Southcrn property line and running a distance of 277.76 feet along the Western propcrty line; said parcel is known as Lots 25 and 26, Map of t1axey Manor; said Darcel contains 36,000 square feet more or less, (Maxey }lanor-Eastwood Villa Area) Lynnhaven Borough. Approval of this application is subjcct to the following stipulations: 1. Water and sewer line fees as required by the Public Utilities Division. 2. Standard site plan requirements including pavement widening, curb and gutter, sidewalks and storm drains as necessary along marginal access road (Laskin Road) when site is developed as required by the Engineering Division. 3. City water and sewer as required by the Health Department. I TH1 # 5622 f<!plic0t:cn of [1"i~~::';lxld Louw'~;t Inc., by::. C-:1v'in S;;J:in, Attorney, for a Use Permit for live cl1t(!rta;r.:'~':nt on cel~t~in m~or\::l".ty t~;;i,miIi0 at (l noint 2!ifJ -f-;i....t.'.-I.'~r..... or lc,es ! '..~<:-.r. O,C r'~:'nr "o=ld "~"""1':"';" a >'I"""'";-;,.!,"" 0"" "l1'10 r'"''''t along t'"..... \;:_ 10',.) \,; ...;) 1......)1..,. I .I....j\.,~ l~~, , I .....~.J" ~ .t-~ U ')L......."I.......... (.. J. .....\,; . II\"; South s"ic!e of l'Jorchampton DoulC'v(),rd, rumri;;9"a distance of 2% feet more or less along the t~~tcrn property line, runninl a distance of 20G feet more or less along the Southern prorr::rty line, arid runnin,., a distance of 295 feet more or less along the Eastern pl~GPQrty line. Said parc~l is knm/n as Lots 2 and 3 of Oiu~:lOnd Luke Estates. Said request i~ locilted \'Jithin commercial complex. (01 amond Lake Estates Area). B/\YSIDE BOi-O;.JGH. Pl ann; ng Cornnrl 55 ion Recormnenda t ion: A motion by the Planning Com;nission \'las pz.s~cd for approval of this request. Mr. Calvin Spain appeared on behalf of the applicant. On motion by Councilman Holland, 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 Hayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Ma1bon, J. Curtis Payne, and Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the above application of Diamond Lounge, Inc., for a Use Permit for live entertainment o~ certain propcrty beginning at a point 250 feet more or less West of Baker Road, running a distance of 200 feet along the South side of Northlmpton Boulcvard, running a distancc o[ 295 fcet more or lcss along t~e Western property line, running a distance of 205 fcet more or lc;s along the Southern property line, and running a distance of 295 feet '[lOre or less along the Fnstern property line; said parcel is known as Lots 2 and 3 of Diamond Lake Estates, said request is located within commercicll complex (Diamond Lake Estates Area) Bayside Borough. I I III . ITEM-#S623 ^r;1l1Ctiti011 of Calvin f1. and Ih~ll C. IY;vis for a C!;":;1nC of lord!'\! from Pesi- dance Suburb~n District 4 (r~-S 4) to r:(~$iC:2nce DU~)'i"'~x'ufstr-f(-:t'-[-(R-D 2) on certain prorerty located at the i'lorthl':':c;t corner of Pleasure House Road and la.ke nrD~-jfGi'd Driv::.' i'unnir.q (l distDr:ce of 150 r:"::;t (l1ong the ~;2St side of Pleasur,~ Hause f:c::d, rwm'Ir0 J (Hstz.i1c~ of 1~~7 f,,':0t (don~J th~~ :;orth ~idc of L~d:e LI~('~JfOlAd ',ZJ,'~, rurlilln; iJ c;i$t~:occ; (1';: lSD fc~:-,t ~iCirJ ti10 l:cstcrn pro-:erty 1 . ~. v' ,,~ r ~ ~ '\ d " " :' ~. --. "~. ""~. r. _r-:",' -1" "': ," i I "'f-.., ~ ~n .--\ t l' HIe Cild U,1nil.C'l a JL."",lC.. O. .;,J...' I'",\. d 0.11 \,..i',' "orl..\..\n Plu,.:t_r y lnc. Said r:,rr".'l (t..!tilins 2J)t10Q squc:rc f{:c~ 1:,Ol'0 or lc:,s. (D\^ndford Terrace I\rca). cr~'{s I t:::t:: l ~~. ~~ ,,">~:il. PlanninCj CO~:l~,rjssic.n R::C(;L~,,:.!ndation: A l:1otion by the r)l~tm1"ir.C1 Co:,::;ission l!.1S r::is~cd fo!" ~,rproval of this request. Said motion is subject to the fo11O':'1';ng stipulat-lons: 1. Hater and S0wer line fc~s required. (Public Utilities) 2. StJn~!:lrd s i t~ plan rc;'iui rcr~,::mt5 to he hld,-: 0.11 in;,H'ovc;r:~(~nts re- quired \ii/cn the parcel \'Jc$ od 9inal1y sU!J,:Hvi (Lei (C;;)'51 de Corp. Plat). 3. City \mtc;r and S:?'.:t:'f. (l :'::~) "it,ll [' --,t. ) 4. Suggestparticip:~t:lon in sch'Jol site GCf.',i.'.i:i"it"jon. Mr. Calvin Spain appeared on behalf of the appljcant On motion by Councilman Holland, seconded by Councilman Malbon, and by recorded vote as follows: t~" 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, and Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the above application of Calvin M. and Nell C. Davis for a Change of Zoning from Residence Suburban District 4 (R-S 4) to Residence Duplex District 2 (R-D 2) on certain property located at , the Northwest corner of Pleasure House Road and Lake Bradford Drive running a distance of 150 feet along the West side of Pleasure House Road, running a distance of 137 feet along the North side of Lake Bradford Lane, running a distance of ISO feet along the Western property line and running a distance of 135.6 feet along the Northern property line. Said parcel contains 20, 400 square feet more or less. (Bradford Terrace Area). Bayside Borough. Said Motion is subject to the following stipulations: 1. Water and sewer line fees as required by the Division of Public Utilities. 11~ 2. Standard site plan requirements to include all improvements required when the parcel was originally subdivided (Bays ide Corporation Plat), as required by Engineering Division. 3. City water and sewer as required by the Health Department. 4. Suggest participation in school site acquisition. ij I I II d I \ . ITEM #5624 Application of the City of Virqinia !3each for cert~in am(?ndments to the adopted raster Tr;'l.nSDortatiGn Pltlil of the City of V'frTlnia f3~ach. The amendf,1~nts v~rtain to tho <:mount of req'Jirc'd riqht of \JaY \'J1dths along minor ?rtcrials and La~kin ~~~d, and to the prooosed ali9nm~nt of Kenpsvlll e Road bctuc(!n Provi d~~nce ~oud and Indi an r:i ver l(oad. ['lore de- tailed inforr:iJtiOil is availi:1blc "in the D:)p~irtm~nt of City Planning. . P 1 ann; ng Corr,;rrl S5 i on ::::comli;':nd.3 ti on: A li,!')tif'!1 Ly the Pl(1,nninJ C,:.~' ,l:::sinn ',.'~lS r"':~~:,:;J for (:;lproval of this request. Mr. Sa~ Burns from the City Planning Department was present to answer any questions Council might have regarding the above application. On motion by Vice Mayor Ervin, 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, and Donald H. Rhodes Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the above application of the City of Virginia Beach for certain amendments to the adopted Master Transportation Plan of the City of Virginia Beach. The amendments pertain to the amount of required right of way widths along minor arterials and ._ Laskin Road, and to the proposed alignment of Kempsville Road between Prividence Road and Indian River Road. More detailed information is available in the Department of City Planning. I TEH # 56 2 5 (a) Mr. Grover Wright, Attorney and Mr. S. L. Nessbaum, the present owner of certain property described under the application of Falen Associates in Item #5026 under the date of September 11, 1972 [Application of Fale~ Associates for a Use Permit to construct 192 motel efficiency apartments (condominiums) on certain property located at the Northwest intersectioI, of Ocean Avenue and Cherry Tree Place, running a distance of 399.55 feet along the North side of Ocean Avenue, running a distance of 213.69 feet along the Western property line, running a distance of 287.56 feet along the Northern property line and running a distance of 359.40 feet along the Eastern property line. Said parcel contains 2.2 acres more or less. (Lynnhaven Inlet Area). LYNNHAVEN BOROUGII], which was approved by the City Council on the subject date; appeared before City Council requestirl~ reconsideration of the terminology which granted a use permit to construct 192 motel units (condominiums) on the propert~,in question. . On motion by Councilman Gardner, seconded by Councilman Malbon, and by recorded vote as follows: ~lI<i"'i'i Ayes: Councilmen John A. Baum, Robert II. Callis, Jr., Hayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. IIolland, D. Murray fo.1albon, J. Curtis Payne, and Donald H. Rhodes. Nays: None Abscnt: Councilman Floyd E. Waterfield, Jr. CiLy Council voted to reconsidcr the applicatj.on hereon noted. I I III ,II . ITUM #5625 (b) On motion by Councilman Malbon, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert II. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. ~1urray Malbon, J. Curtis Payne, and Donald H. Rhodes. Nays: None Abscnt: Councilman Floyd E. Waterfield, Jr. City Council amended the application of Falen Associates, Item #5026, dated September 11, 1972, to read as follows: City Council approved the application of Falen Associates for a Use Permit to construct 120 apartment units for sale on certain property located at the Northwest intersection of Ocean Avenue and Cherry Tree Place, running a distance of 399.55 fect along the North side of Ocean Avenue, running a distance of 213.69 feet along the Western property line, running a distance of 287.56 feet along the Northern property line and running a distance of 359.40 feet along the Eastern property line; said parcel contains 2.2 acres more or less, (Lynnhaven Inlet Area) Lynnhaven Borough; subject to City water and sewer as required by the Health Department [Public Utilities states that City water is available and sewer is available with the installation of a pump station]; subject to standard site plan requircments to include pave- ment widening, curb and gutter, sidewalks and storm drainage as necessary being constructed along Ocean Avenue by the developer as well as pro- tective concrete curbs (standard CG-2) being provided around all drive~'ay and parking areas as requested by the Engineering Division; subject to a 60-foot setback from the high water level to the bulkhead and a 30-fclct pedestrian and emergency vehicle easement being provided along the beac} between the high water level and the bulkhead as requcsted by the Planrl- ing Department; approval is further subject to participation in school site acquisition. *NOTE: It was noted by the Attorney for the applicant, Mr: 0rover Wrigh~, that the proposed CZO places this building and a sImIlar building on the west side of the Lynn~aven Inlet (Chesapeak~ House) in a H-2 classification which means fIfty (SO) apartment unIts pe~ acrc. It was suggested that prior to adoption of the ~ZO that thIS be amended to provide for fifty-five (55) apartment unIts per,acre in order to remove both of these buildings from a non-conformIng use. ,p. 1 I I ,I "I (CQUNCT L~lEi'i CiARDNER AND HOLLAND LEFT THE (OUNC I L CHAMBERS) ITEH #5626 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, D. Murray Malbon, J. Curtis Payne, and Donald II. Rhodes. ,- -'_1 Nays: None Absent: Councilmen Charles W. Gardner, Clarence A. Holland, and Floyd E. Waterfield, Jr. Mr. E. S. Clay, III, Library Director, has received a check for $14,972 from the Division of State Planning and Community Affairs to fund PROJECT MAINSTREAM, which is a pilot program under which the handicapped will be hired to expand library services to the handicapped. Therefore, City Council approved on second reading a transfer in the amount of $12,972 into Library Account 12010-170 and a transfer in the amount of $2,000 into Account 12010-220 to initiate this project. (COUNCILMEN GARDNER AND HOLLAND RETURNED TO THE COUNCIL CHM1BERS) ITEH #5627 On motion by Councilman Payne, 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, and Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved on second r~ading the transfer of $2,650 from the Virginia Beach Special Revenue Reserve for Contingencies to Virginia Beach Special Revenue Code 9021-618, Replacement of Radio Receivers. ITEM # 5628 On motion by Councilman Ferrell, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromt.'1ell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes Nays: None 1~ Absent: 'Councilman Floyd E. Waterfield, Jr. City Council approved the following Ordinance to amend and reordain Section 6-33 of the City Code relating to where surfing is permitted: I I II Requested by: Councilr:lan ehas. A. Gardner Ordinance No. 435 .......1 AN ORDINANCE TO AME~~ AND REORDAIN ~6-33 OF THE CODE OF THE CITY OF VIRGINIA BEACH REL^TING TO WHERE SURFING IS PERNITTED BE IT ORDAINED BY THE COUNCIL OF TIm CITY OF VIRGINIA BEACH: That 16-33 of the Code of the City of Virginia Beach, Virginia, is amended and reordained to read as follows: It shall be unlawful for any person to surf or to have a surfboard in the city in the littoral waters of the Atlantic Ocean except as permitted by this section as follows: (a) At the city recreation park, Little Island, at places and times as designated by the director of parks and recreation. (b) South of Little Island Park to the state line, between sunrise and sunset, subject to restrictions that may be imposed by the United States in the area owned by it, and further subject to the provisions of ~6-22. (c) In the area between the southern boundary of United States Naval Reservation, Dam Neck, and the northern line of Little Island Park, between the hours of sunrise and sunset, except that between Hay 15 and September 30, surfing is not permitted between the hours of 10:00 8. m., and 5:00 p.m. (d) In the areas north of the northern line of Camp Pendleton to the southern boundary of Fort Story, between the hours of sunrise and sunset, except that between the period May 15 through September 30, surfing is not permitted between the hours of 10:00 a.m. and 5:00 p.m. (e) Surfing is prohibited at all times within 300 feet north and 300 feet south of the \'JOoden -Fishing 1Jier located between-r4th and 15th Streets and 300 feet north of the Steel Fishing Pier, located at 3rd Street, as well as the area south of the Steel Fishing Pier to the northern jetty of Rudee Inlet. An emergency exists and this ordinance shall be effective from the date of passage. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of March , 1973. ....., . ITEM # 5629 Mrs. J. W. Sills and Mrs. Robert Goodman appeared i~ support of the proposed Ordinance to amend and reordain Section 5-11 of the City '~'\ Code relating to dogs on the public beaches. On motion by Councilman Gardner, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, and J. Curtis Payne. Nays: Mayor Robert B. Cromwell, Jr., George R. Ferrell, and Donald H. Rhodes. Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the following Ordinance to amend and reordain Section 5-11 of the City Code relating to dogs on the public beaches: /i.}'1 (}S~"")Ii~:'l\>:CI~ 7) lJ.. ,~..~~_:.~) P~._~') ;' ~".I.,: ~.;T~~ SLjICTICY~.{ 5~~11 (;~} rr>L2 C(,.')j: C:/ r~~ :~ (:ITY 011' \lI~'~C~I~1Ii\ ~~l:,;J\C:Il l~..1~'i.J!-irrIr:~ rI~J :;(;;~S ()lJ PUi: IJ Ie "d i~~\_C ;.U~S Ordinance #434 Re(1uested by CouncilwtHl Ch,qrles Gardner BE IT OImAI~\jED ~3Y THE COl:NCIL OF ,..,." .,...., i :..U~l CITY or VIRGINIA LEACH, VIRGINIA: That Section 5-11 of the Code of the City of Virginia Beach is amended to read as follows: 5-11. Do~s on Sand Beaches. ,. (a) It shall be \...mlaT,Jful for any persm'1 Ot::nlng, having control of or harboring any clog to cause:', suffer or pcndt c;uch dog to be on the pu~lic sand beaches durin8 the period {rom Iby 15 throu8h SeptcrrJJer "0'" 1 " 1 1 . j-t ~l~' t' "e s )11 _, or eac:i. year, suctl perI,ou lerel,na..: 'CT cc. lea nc s a 01 , e}~cer t Hi a residential ciistrict \dlere such dog may 1 e p(~rmitted on the public scmd beac hes in the ellS tody or under the cant rol 0 f a respons i1J 1.e person durinr; the season Let~}een 7:00 p.!:l. allc] S :GO a.Ll. the follmv:in::; day. " ,Ii ':.1"' . I . I I II ill . ~ (b) Any person m-minr;, ha'ling control of or harboring a dog shall not cause', / suff:.e-i or a110'(,7 sue h dot; to 1i t '.~er the public sand beac he s /", f/ . ... at an> f:Lme..<1urinr; the f)C8S()f1 or otlWl".rLse, <1!1(1 in the event such dog .-, , 8:18.11 dc-feca.te on ~ 'p ,r~ J1" (' r)" 1 j- ~.'.f'-, 1 0 ,.~;l., ~~ Au _"' ., ._J.'J : .,.1 / , , .' tbe ",,'.. -1'; c i.,J . , ~) .1.." " , . t' , sarirl i,...cn,~,:~i.1C:G a':: ,'l11)7 J.l"re t(\e pc-:'rson C\.rli.nl:, o!~ , . , i l ~~ L.: () i~ .1 1 E:ll10'./ C r" '::(0, I ,-_l-:C':' ;':rl\ ("'!':!-l" '!':r".,(:)r~]."''''.(:.~iy ,.....-',l _, "0 '. ~_..1 ......,...l~'-..i ..ctL......_ l:I~~(~~, r~1_1~_)J. j C [~;rt,1~.1 ~,c.:,,.~i<.:::~~ :-~ll _'~ (.:'. C C '::, ~,'; Cl: ; C -, ~ 't~ C~ r; ~: ~ ; (. r C~ (; j'1 I,.~}~ ~:j 1.."tC (1 , ~ 0 r... rl '; (.. 1 \.. <...; (. .. ,'-_~-.',...,,-,..,..~\.(.)}~l'.'), C"_- ,c.::..."....,'-1::-.'. "..,.....J..l ,'1. .~,:l.;_".,_l~,-..,;~" ,r;, ~.oj "')' r,'7~' .,; 1"(" 7 11, (I "I)"~ ,. ", _ '_ _, . .:.t.H"~-' ,-, _ _ _ ~_~:"....-IC_,~;- I.' ~ ~,:\' ,f: \.1 1<i ':tl_ fJ..(('"_~-'.:T~~) ~ _i.Lt~':.':::i..I.'~-., SI,l(~ 1 3.;~ ,'~7 ("1CD.~3:L;1,~ .:::) '~:'.!.;'~ ~'_' ~ ;~::j t i'i:";,. ~_. Fe :' p p ;';~ 0 r c ():' t i) in 0:.:' r , a rl~j pla,~iu~~ S;:~L.iC ).n a. ~:~lI';__..a~.:/_:: iJ'cepL:a.clc. A"l C :~:~r[::);lCY ():ists et;.ld t 1 ::Lc~ , . 0:( ~; ~l_ 'C:.0._1C 2 {,;,':: 11 r:<e e '-':.'cctive :Cnxn {1ate of rlss~geo Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of , 1973. Harch. ITEM # 5630 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, and Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the following tax refunds in the amount of $502.80: ,If .._. ...,'-4.......... U ,..L.'.~-' "--'ll. -. -~ FRo:r: t':r. V. A. Ethccrdr,r.:, :'rca:;urcr n.111' ~'!arch 2. :'973 - . : ;i3JECl': Applic<lliuu.~or Tux Rctumb: '" ~ ~c !01!~~.!ino ~?riic~tic:~~ Name Tax Year fer rt'fu~d ~f t9=:c:: J:.:>::~li?r. 0 502.80 LIS set [Ot-tll LCL~,..l ~</. ~ L - " /1" LY~-~ A~:;,/ / / /;;L/ . d ~"J c '~// L(;;;Cc<=., 'Cy /' .;!bt.1- " ::?./~,~;--:,.../,'~/ //.'. , V. A. Ethcrid~c: Trc:lf:urp'1" . ' / -:-j -'J .. ~ . .,.. . T.1~ rr::xon~r- I r lype L', Ticket 1tion Dntc of Ta~ Number No. Paid ~ , Id eel"trUed for p':\YlOcnt, , ....1 Base , , , . , ,.~T"l_ ; ,~~:":-:-_! r --.. ,------ I . ally c"/- l ~n B. Prevette 1973 CD 64449 1/15/73 15.00 ~'j~'ry L. Sykes 1973 CD 53970 1/26/73' 15.00 ohn I Dow' 1973' CD 5517-5518 ?/?1/73 30.00 obert, R. Hazeh\7,Q d 73 ,CD 7lt~53 1/30/73 15.00 t. Nicholas Scho 1 73 CD ~32Cl 1/17/73 15.00 im~ie n. Vickers 1973 CD 45055 1/17/73 15.00 ita E~ B~t1er 1973 CD 726~3 1/31/73 15,00 uthe~ D. Godf~ey 1973 CD !6049-6048 I ?/16!73 30.00 , erlry H. Bray 1973 CD J 12823 2/2')/73 15.00 , arjorie J. Tayl 73 ! CD .8070 1/?9/73 I 15.00 ames G. Streetm" 73 I CD ,164807 I 1/15/73 '15. (10 ccessories Incl1973 I CD fT-1393 I 7/5/73 ! j 15ico ~~:.~~O~i~S Inc,. J 19731 CD ,T-1394 I I 2/5/7] I J" , .11S.CO It:i A. Rogers 'I 19731'€D 173L~68-734r9 I 2/16/73 I I 30.00 ltlin, James H. 1972 PP 74167 08114 11},)2/7, 4.20 .21 4.41 :ir'rv Cravener 11972 PP 14840 08115 11/9/77 105.00 5.25 110.25 lrn~n, 'Jimmy J. 1972 PP j /8108 08113/ 6/10/72 10..501 j10.50 m::we11 James A. ~. .Jamie L. ,,19,71, RE 7520 1; 1002 5/25/71 17.4:Q , 17. 4~ t197_~IREJ,75202~?,11~~2! 10/15/7117.401 :. : 17.40 :we~l, James-'1 , . 1 ~:i:g~r: ~~::- -~-. :::~I :01:::: :-J ~:::-'i :~~:~:: I ~:: ::I-~I -1 ~:: ,:: : .Jamie L. 1969 RE '/7216 2/2110,03112/5/69117.40 ",I 17 '/1-1) nt\.vel1, Jam,es n~::~! ,>mes . ~::~ I: I :::-: ~/~ I :::: 11:~:~~:O ~: :::, . I::: :::: r -- JJ'. r r, :1 _ 'LT~-- ~ t:poli C<ltl on~ for rC(ll\1(1. of t:n..-f'~ ~'pprtlv~.i. Ah""r~ i}1\~,t~!'!0n t: tot~ l:p.~ _~L. ,~__~_'" "I ' _.5 f0-1?,"; fl,'!j j;. Ai'I"-";''' -\oj' ~"'" ':"~m- i1]ILt...,JJ I v I ~ ?:i" _, '." 0--/~ I~<'~k"'{~__ ___/0t~~l~J4t~:~~~:--:--'_----"- Ie l,hL~'n~/' (1 t Y 4\t l "I'lIt'V ", I J 1 r J' .-, J .J (' I: !'l _. ,,'I' .PI'", C i I", C I ,'I L ,- Ir i ~ II;! I I T;:: \1 it 5631 On motion by Councilman Rhodes, 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, and Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. " City Council approved the following Ordinanc~ appointing Viewers relative to closing a portion of Sand Pine Road in Lynnhaven Borough: .' il I I 11 II ,! II il ~ ~ I' L i, I' I: j ~ , ' ii I' I! ,1 ~ ~ ii "...", Ii d i ~ '. II I; '. " :1 I' I! d, ORDINANCE APPOINTING VIEWEHS WHEREAS. LOUIS G. DARDEN, . has given due and proper " notice. in accordance with the statutes for such cases made and provided that they would this day apply to the City Council of the City of Virginia Beach. Virginia. for the appointment of viewers to view the below described i, ,. 1: property and report in writing to the Council. whether. in the opinion of said viewers. any. and if any. what inconvenience would result from the , discontinuanee of the hereinaafter described portion of Sand Pine Road in 1., J, the City of Virginia Beach. Virginia. and have filed such application with f, the said Council. NOW. THEREFORE. BE ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINJA THAT Hr. C. C. Carrington, Mr. George L. Hanbury, and Mr. J. N. McClanan are hereby appointed to view the below described property and report in writing to the Council on or before April 16, 1973 . whether in their opinion. any and if any. what inconvenience would result from the discontinuance. closing and vacating of that certain portion of Sand Pine Road. Virginia Beach. Virginia described below.: That certain portion of Sand Pine Road at its intersection with Cape Henry Drive in the City of Virginia Beach. Virginia as shown on the attached plat. The portion to be closed is marked in red. .~ . (COUNCILMAN CALLIS LEFT THE COUNCIL CHAMBERS) ITEH # 5632 .-11 On motion by Councilman Holland, seconded by Councilman Rhodes, and by recorded vote as follows: . Ii 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, and Donald H. Rhodes. Nays: None Absent: Councilmen Robert H. Callis, Jr. and Floyd E. Waterfield, Jr. City Council approved on first reading the following Ordinance authoriz- ing the issuance of $4,000,000 Water and Sewer Bonds of the City of Virginia Beach, Virginia: AN ORDINANCE AUTHORIZING THE ISSUANCE OF $4,000,000 WATER AND SEWER BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: ,-"II 1. It is hereby determined to be necessary and expedient for the City of Virginia Beach to improve and extend its water transmission and distribution system and sewer collection system to provide for the orderly growth and development of the City, , and to borrow money for such purposes and issue general obligation bonds therefor. 2. Pursuant to the authority of the Charter of the City of Virginia Beach (Ch. 147, Acts of Assembly of 1962, as amended) and the Public Finance Act, as amended, there are hereby authorized to be issued Four Million Dollars ($4,000,000) Water and Sewer Bonds of the City of Virginia Beach to provide funds for improving and '-II extending its water transmission and distribution system and sewer collection system, including acquisition of rights of way. .', , II II ,II . 3. The bonds shall bear such date or dates, mature at such time or times, not exceeding forty years from their dates, bear interest at such rate or rates, be in such denominati9n and form, be '-11 executed in such manner and be sold at such time or times and in such manner as the Council shall hereafter provide by appropriate resolution or resolutions. 4. The bonds shall be general obligations of the City of Virginia Beach for the payment of principal of and interest on which its full faith and credit shall be irrevocably pledged. First Reading: March 12, 1973 Approved: March ,1973 Mayor ITEM # 5633 ,-'II On motion by Councilman Ferrell, seconded by Councilman Rhodes, and by recorded vote as follows: .. I, 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, and Donald H. Rhodes. Nays: None Absent: Councilmen Robert H. Callis, Jr, and Floyd E. Waterfield, Jr. City Council approved on first reading the following Ordinance authoriz- ing the issuance of $3,000,000 Public Improvement Bonds of the City of Virginia Beach, Virginia: 11I""""11 .~ I I II ,II AN ORDINANCE AUTHORIZING THE ISSUANCE OF $3,000,000 PUBLIC IMPROVEMENT BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA ." '-'I BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA ; I BEACH, VIRGINIA: 1. It is hereby determined to be necessary and expedient for the City of Virginia' Beach to construct and improve various public facilities and improvements, all of which will promote the development and public welfare of the City, and to borrow money for such purposes and issue the City's general obligation bonds therefor. 2. Pursuant to the authority of the Charter of the City of Virginia Beach (Ch. 147, Acts of Assembly of 1962, as amended), and the Public Finance Act, as amended, there are hereby authorized W!JI!"I to be issued Three Million Dollars ~3,000,OOO) Public Improvement Bonds of the City of Virginia Beach to provide funds, together with other funds that may be available, for the following purposes: Planning, construction, siteimprove- ments, enlargements and equipping of municipal buildings, including public safety building, circuit and municipal court buildings, administration building, animal control building and heating plant $1,320,000 Planning and construction of park and recreation facilities, including construction of boat ramp and bicycle trails, enlargement of club house , and other facilities at municipal golf course and plans for community center 235,000 . ,--I Bulkheading south of existing board- walk along oceanfront 50,000 , I II "I , 2. Improve and extend streets and high'\vays 1,145,000 J!"'~ I Site improvements for community college 250,000 $3,000,000 l;. i Any amounts not needed for any of such purposes may be used for any other of such purposes. 3. ( The bonds shall bear such date or dates, mature at such time or times not exceeding forty years from their dates, bear interest at such rate or rates not exceeding the maximum rate permitted by law at the time the bonds are sold, be in such denomination and form, be executed in such manner and be sold at such time or times and in such manner as the COlfficil shall here- after provide by appropriate resolution or resolutions. },,""I 4. The bonds shall be general obligations of the City of I Virginia Beach for the payment of principal of and interest OIl which its full faith and credit shall be irrevocably pledged. F rst Reading: March 12, 1973 Approved: March , 1973 Mi;1.yor l~ ! "-'1 ."""'1 .....'1 II II \. . ITEM # 5634 On motion by Councilman Gardner, seconded by Councill~~n 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, and Donald H. Rhodes. Nays: None Absent: Councilmen Robert H. Callis, Jr., and Floyd E. Waterfield, Jr. City Council approved the low bid of Paul N. Howard in the amount of $251,930 for Contract 21, Southside Road, Rudce Inlet Bridge, Pacific Avenue and Virginia Beach Boulevard for installation of water lines. ITEM # 5635 On motion by Councilman Ferrell, seconded by Councilman Baum, 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, and Donald H. Rhodes. Nays: None Absent: Councilmen Robert H. Callis, Jr., and Floyd E. Waterfield, Jr. City Council approved the application of G. G. Ingram to move a one- story frame residence, 20'x32', from 728 Woodstock Road, Kempsville Borough, to a parcel of 2.47 acres, Charity, extension of Shipps Cabin Road, Pungo Borough. Estimated value after move and renovations $10,000. Site has been approved for septic tank and well. LCOUNCILMAN CALLIS RETURNED TO THE COUNCIL CHA~1BERS) ITEH # 5636 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. ~1urray Malbon, J. Curtis Payne, and Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council adopted the following policy concerning substandard street~ in the City of Virginia Beach: .'; I ,I . ". "'-, A. POLICY FOR IMPROVING STREETS DEDICATED BUT NOT IMPROVED OR UNDER CITY MAINTENANCE (PAPER STREETS), PARTIALLY IMPROVED STREETS WITH NO RIGHT OF WAY DEDICATION (PRIVATE STREETS) OR SUBSTANDAPJ) STREETS WITH INSUFFICIENT RIGHT OF WAY DEDI- I '-1 CATION. IT IS THE CITY'S POLICY THAT EACH SUCH STREET WILL BE CONSIDERED SEPARATELY, AND DECISIONS r'ffiDE ON THE SPECIFIC CONDITION OF EACH CASE, WITH THE FOLLOWING GUIDELINES: 1. If the street is not a clearly dedicated right of way, or if the right of way is dedicated but of insufficient size to permit the construction of a minimum street, private party/parties will be required to make arrange- ments for additional dedications necessary in order to conform to the accepted standard of 50'. 2. It should be understood, if the topographic nature of the area makes it impossible to acquire a 50' right of way, or if acquisition of 50' would be severely detri- mental to the value of contingent private property, a lesser size will be accepted. 3. After right of way requirements have been satisfied, if it is deemed that the street does not conform to minimum standards and needs substantial improvement, cost estimates will be determined by the Engineering Division, Department of Community Services, with the understanding that the city will pay for 100% of the cost of labor and 50% of the cost of materials, the property owners to post 50% of the cost of material~. 4. The project will then be submitted to the city Manager ,~I for approval and the street accepted, improved and/or maintained. ,,, I .~ ."""'-'1 .-'1 , I II II . -2- .- 5. It should be understood that this policy should not encourage construction in undeveloped areas on dedicated but unimproved streets (paper streets), thereby circum- venting the subdivision ordinance. consequently, building permits will no't be issued to property owners on streets falling into this category. This prohibition will be waived, naturally, if the developer or individual property owner/s pay 100% of the cost of improving or extending such a street, said construction to conform to stand~rds established by the city of Virginia Beach. Building permits will continue to be issued on existing, platted lots of record on improved private streets. Further subdivision of land, however, will not be allowed on private streets except in conformance with the subdivision regulations. B. POLICY FOR IMPROVING STREETS NOT UNDER CITY NAINTENANCE, SUCH STREETS WITH NO RIGHT OF WAY DEDICATION OR SUCH STREETS WITH INSUFFICIENT RIGHT OF WAY DEDICATION, PROPERTY OWNER/S BEING UNABLE TO SHARE IN COST OF SAME. Note: All requirements of POLICY A will apply with the following modification: 6. If the property owner/s indicate inability to meet the cost of improvements, a survey will be conducted by the Social Services Department to determine the percen- tage of residents receiving assistance' or with incomes bordering on minimum subsistence. The following will then apply. to" I ~ II II :11 . -3- ,- '-'I (a) (b) The City will pay 100% of the cost of labor. % of residents receiving 'assistance or with minimum subsistence lncomes 30 or under % of cost of materials to be borne bv City 100 90 80 70 60 50 100 - 90 89 - 80 79 - 70 69 - 60 59 - 30 ITEM # 5637 ''''~'I On motion by Councilman Rhodes, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., Vice ,Mayo:! F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. HoLc(L!lI. D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council adopted the following schedule of recommended fees and other charges for use of the Civic Center, as submitted by the Department of Economic Development, effective date retroactive to January 1, 1973: ......1 ... . H H H ~ ~ ~ .".... '2 r<) ~ H ~ H H r<) ~ ~ H H H ,~ (\) H H r~ .. 0 H "0 j ct , ....,. \-3 oj 0 1-" ~ (/1 UJ 0 ...:.... '1 (\) 0 '1 -0 < ~ t,20 0 \'Oct 1-" 0 ~ I-'- ," 0 G ',) ?' ';J G' ro (l) '0' Ct> 1-" 0;; 0 ';j~ (T;l ;1 (Dct' 1-" , 0- IP (T;l G ~ (< ("1' ('J ~ (\) ,~ 0- ~<4 0 0 ct' 0 ct ct ctro I-'- ~ .\'0 (1) ct 0 1-"'"1 0 (} (1) 1-') ~ct';J I-'- ~ (J) "? '3 !() ct -> ? toO ct' o >-1.) ...-' ~ 0;5 --- p. ~ J) (\) 0 l)Q 0 ? (\) (\) ~ ',:J ct' I-'- tj (\) 0 0 u <- (!)p> (!) 0;5 ; '10 (D ';0 Ct> g p.(\) ct ~ :S (\) 5 (1) 0 ," ? ~ (\)r<)to 0 '1 ~ ~ 1-" -,' ~ (> p 0 ~ {Jl ~ 0 1-" ~ ?' (\) ct ~ ~*g .;:; ct t.1Y' oq ~ 1-" IP (Jl Y' ct' 0 ~ I-'.N to (\) to <4 ~ '-4 ) ~ o? ~ (\)0 0 ...J (1) 0 ct' ct ';j0 R' '~ t:J '" ~ ~ ..... p.' (1"< ~ '1 ~ o 00 rfl to 0 0 to ~ 0 \P -J ~t-')o? ? ~ (\) 1-" ~ ;:l ~ ~-o ~ ~ % ~ (> (> 0 v.> (\) 0 (\) --- ct .0 ..s (? (1:l ;3 'P --- ct (l) '" I-'- ~ ICto~~ 1-'" 0 0 ~ sP 0 (;) t ..~ (1:l 0 0 ct ? ct ~ ';) ct w ct 0- 1-" 0;; 1-" ct t!l \ I<;:J~ (\) (\) ~ <4 r- ~ <..~ i-' P- m \ {;."O' 0 ~". 1-3 -.t. " -.t. ~ (I)- &: 1-" lP -E:fr -0- \ * ~ \ ~ 'Y' P- B .{i;- 0 , \ ~ ct' l-S ';0 -0- ~:- vJ l'0 , v.> rf)r-I ('r Y' 0 ct'>:t:lo'Ul';1U' o';D l'0 l'0 l'0 l'0 'V\. \ 'V\. 0-0' o-;;J r" 1-'-0 \'O?'O(\) 0 'V\. V\- a a ';P' I .(~\ r:5 ':'toooo(\) 0- (\) P 'j 'V\. a 0 I ;::::.Q ~ 'o>l-Ss::.ct~ct aO 0 a a 0 I , '-4 \ MH (\) . ct (\) s:: ct , . , 0 \ r~ l-S 0 \ d" .'j.~ 0 ~ 1-" 0 a 0 0 a \ ~. ~ '"d (Jl s:: to ~ 0 a \ c. 1-'- i-i.O -.t. o'(\) '0 >7~ 1-'-1-'-'1t-') a a 0 0 a \ I t~ ~-- c't' 0;5 (J) ~l-S 000'1 , \ ol-SO 0 I-'-~co \ , t>1 (.I~ o (1) I \:'.~ ti l-S < 1-" l-S t-') l-S ~ lP ro paco<'il ~ \ oj ~ o~rJ~Y'~ o ~ 0 \ 0\.:=1 (..(f=l ~ oq oct'S:: v.> \ "~j 'P ~.) C'J l-Sto(1) (l) ro ~ o to V\- , (") p.. ';P tIlO(}}g l-S to 0 ';D~ .,..-.\ I-'- (\) l-S'1oCl> ~~ ' ') ctoto,cto , , t1.J Ill' 0 p..(\)t-') ',~' 0 0 \ oq (1) ~ (1) p.. ~"b ct~ 0 , -;.'. 0 I o l-S (} (l) 0 0 r-? I-' ..l-S to ;:;" ';5 0;5 l-S ~ p..\ . f.~ ",- \.-,.J~ ~ (} t-"~ < 9' I 0 0\P~';O (l)~og ~ <4 I I"" c1" l-S l-S I.J. l-S t-') g ~ -e1' to 0 (1" Ct> ~ -E:fr -E:fr ~ \ , (1) Qt'l t-') \:}Q t-" ~~';1(l) -E:fr l'0 vJ t;j \'" '1 (l) ..... l'0 l'0 N a @\ (I> 0 (\)ct(\)t-') I-'-coS:: IV .IV 0 0 a 0 a 'PO 0 ct' p- <4 p- ct cto;;Ot-') a a a a -J ~';D .-3 \.1.1 t 1 t-') ?' <4 t-') 0 'V\. 0 ,,J . ':-J'Z. ~ <;P ?,ctp..<;P , ~ a l-S1l' ? zr-?d ~ , , 0 If) .-) .... \'-'" 0 11 0 a a a to ct ..~ ~\ ;1 o \S\ (1) tv '"d ctl-'-(1)1-'- 0 0 0 a /~o--' 0 ~ 1.Jo o l-S \S\ (\) I-'- 0 a a a o-Cl> 1.-1 ct 0 ct.to,'1 Y' ;;::5'tllp..Y' ~- lP \ 1--' 0;5 l-S t-" COpl-S~ ':::~ <:) '..c. \ <;P (l) ';100oto (1" , o'ct l-SOo;;og <:4 '"d 0 0 '-4 -~ , (1)' tll. '6ct'%'"d 0".0 , 00;; p.. (1)t.D ~ 5- , t-') G;1to(\) tl)" . ~ ' ........c.:"~. ('') 0 ';1 0 t-') tl) '- " .y;' .~ p'~ tl) l-S 0 (\) 1-'-(1) l-S ---- ~I (;'1:f0 0 0;; tl)ct't-') .(.+1- 't'!) ~ ~ ~' l-S r'-" 09' -f!t ~ * -E:fr P \~ P -E:fr * vJ r'" f' ~f ! j" ,..,.~. r'" '1 ~ OC>>-S~ N IV IV t-') f ," '~\'.~~ C'~ \-' 9' to l'0 -> l'0 0 ct \S\ "'0 Y' I-" tl) '"d 0 ~-;5 l'0 0 a 0 (1) 0 <;:' I ~-" . ).,<4 r-' '"d W<;pct'1-'- \S\ 0 a 0 0 <4' '" l.,.~ (\) 0 \J'- 11 . , "'''. \....v~ ~ 0 >-S~O , . , 0 .'!l 0 0' po l-S (1) >-S OoqO\i , 0 a 0 0 ' ' po t-" >-S 0 a 0 a t't' c , o;S (1) po t-') ~ p '8 a 0 ' .... 0 I-'- 0 0 C' -1\D C> ~ P- o lCO (j) I-'-~ ~ ~ \" ';P l-S ';1 IV p- l-S (tl ~ (f=l~ 0:5 (1) (f) , .~ \S\ 0 a> tIl :1)(') ~ p- ot-"~' , * P I .... t-') 0 .(Fr .(;fr p.. >-S . c1'l-"ctO .{,IT .{fr .(fr ,~ ct' '-- ~ -t:fr tv \ :') ~ 0 d r'-"Y'to~ l'0 l'0 {'\.) vJ , 0 \ }:", ' ~g (1). 0 g. c.4 o . to vJ 0 'V\. V\- a 0 0 ~ ~ ' g: 0 0 , p.. >-S pO' r'" 0 0 a 0 a \ . 0-' ->';0 c1' g: Cl> r-\ ~ . . c ~ ' (') l-S , a I oct tD 0 ~ t-')C8 0 0 a 0 \<.<::- (\l Q H 0 0 c 0 a I '0<;; (1) (1) 0 a 0 ,,,,, p.. . }O c.4 \ \ " I ,I ITEM # 5638 City Council deferred consideration of appointment of two of its members to represent the City on the Tidewater Transportation District. ITEM # 5639 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 ~1albon, J. Curtis Payne, and .-, Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council noted its intention to hold a closed meeting on Monday, March 19, 1973, for the purpose of discussing items permitted for discussion under the Freedom of Information Act of the Commonwealth of Virginia. ITEM # 5640 Councilman Rhodes, seconded by Councilman Gardner, and vote, the meeting adjourned. City of Virginia Beach, Virginia March 12, 1973' \ I II ,II MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA March 19, 1973 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, March 19, 1973, at 2:00 p.m. ,-, The invocation was given by the Reverend L. V. Ruckman, Foundry Methodist Church, Virginia Beach, Virginia. Councilmen present: John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Councilman absent: George R. Ferrell. ITEM #5641 On motion by Councilman Gardner, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. '''''''I 1 i Nays: None Absent: Councilman George R. Ferrell. City Council approved the Minutes of the Regular Meeting of March 12, 1973, and the reading of said Minutes dispensed with inasmuch as each Councilman had a copy of the subject minutes before him. ITEM #5642 Applicat1onof G. J. Gulbranson by Edwin C. Kellam, Attorney, for a Change of Zoning from Re~idence Suburban District 3 (R-S 3) and Limited Commercial Ofstrict 2 (C-L 2) to Multiple Family Residence District (R-M) and a Use Permit to construct 224 apartments on certain property located on the North side of Providence Road at the intersection with Indian River Road, running a distance of 848 feet more or less along the Nort'h side-of Pl"tWideoce-Road, ,-- running a distance of 1150 feet along the Eastern property line (Woodstock - Elementary School), running a distance of 558 feet along-the Northern- property line and running a distance of 1115.87 feet along the Western propertY,line. Said parcel contains 15.5 acres. (Woodstock Elementary School-Barrett s Corner Area). KEMPSVILLE BOROUGH. I.. I 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. Traffic that would be generated by the proposed use would seriously increase the traffic hazard currently existing. ...., i II il Mr. Earl Reite1bach, on behalf of the Avalon Terrace Civic League, appeared in opposition to the above application and presented petitions signed by those opposed. Mrs. Ayers appeared in opposition to the above application. Mrs. Cecily MacDonald, on behalf of the Kempsville Civic Association, appeared in opposition to the above application. Mr. Edwin C. Kellam, Attorney, appeared on behalf of the applicant. On motion by Councilman Rhodes, seconded by Councilman Gardner, and by recorded vote as follows: ,-, Ayes: Councilmen John A. Baum, Vice Mayor F. Reid Ervin, Charles W. " Gardner, Clarence A. Holland, D. Murray Ma1bon, J. Curtis Payne, and Donald H. Rhodes. Nays: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., and Floyd E. Waterfield, Jr. Absent: Councilman George R. Ferrell. City Ccunci1 denied the above application of G. J. Gulbranson, for a Change Of Zoning from Residence Suburban District 3 (R-S 3) and Limited Commercial District 2 (C-L 2) to Multiple Family Residence District (R-M) and a Use Permit to construct 224 apartments on certain property located on the North side of Providence Road at the intersection with Indian River Road, running a distance of 848 feet more or less along the North side of Providence Road, running a distance of 1150 feet along the Eastern property line (Woodstock Elementary School), running a distance of 558 feet along the Northern property line and running a distance of 1115.87 feet along the Western property line. Said parcel contains 15.5 acres. (Woodstock Elementary Schoo1--Barrett's Corner Area). KEMPSVILLE BOROUGH. This application was denied because the traffic that would be generated by the proposed use would seriously increase the traffic hazard currently exist- '''''1 ing. . I ITEM #5643 Application of Farm View Apartments, Inc., for a c~~ng~ of Zoning from Agricultural District (A-R) to Multiple Family Resl ence District (R-M) and a Use Permit to constru~ 12 apartment units (6 duplexes) on certain propertYlocated on the East side of Morris Neck Road beginning at a point 313 feet South of Stone Road, running a distance of 337.4 feet along the East side of Morris Neck Road, running a distance of 538.98 feet along the Northern property line, running a distance of 334.78 feet along the Eastern property line anq running a distance of 473.1 feet along the Southern pro- perty line. Said parcel contains 3.86 acres. PUNGO BOROUGH. Planning Commission Recommendation: A motion by the Planning Commission was passed for denial of this request as the proposed change of zoning represents spot zoning and is in conflict ,with the Princess Anne Development Plan which indicates agricultural use. '.....'1 , , -IP') t- I ,...! Ii'i II II Mr. Beryl Abraham appeared on behalf of the applicant. Mr. Billy Chaplain appeared in opposition to the above application. On motion by Councilman Baum, seconded by Councilman Gardner, 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, Charles W. Gardner, Clarence A A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman George R. Ferrell. City Council denied the above application of Farm View Apartments, Inc. for a Chan~e of Zoning from Agricultural District (A-R) to Multiple Family Resldence District (R-M) and a Use Permit to construct 12 apart- ment units (6 duplexes) on certain property located on the Ease side of Morris Neck Road beginning at a point 313 feet Southoof Stone Road, run- ning a distance of 337.4 feet along the East side of Morris Neck Road, running a distance of 538.98 feet along the Northern property line, running a distance of 334.78 feet along the Eastern property line and running a distance of 473.1 feet along the Southern property line. Said parcel contains 3.86 acres. PUNGO BOROUGH. This application was denied because the proposed change of zoning represents spot zoning and is in conflict with the Princess Anne Development Plan which indicates agricultural use. ~ I ITEM #5644 Application of Fairfield-Development Corpor.tion for a Use Pel"llit for a .... ,..1n9 statton on certain property located 2150""1iet more or less North 0' Provi derlce Road and 2900 feet more or 1 ess West of Lord Dunsmore Drtve Oft the ....t stde of Bu11ica Court (Proposed) on Parcel A, Block 18, Fatrfield, Sectton Eight. (Fairfteld Area). KEftlPSVILLE BOROUGH. Planning C~ssion Recommendation: A motton by the Planning CoIIrlss1on was passed for approval of this request. Said _tion 1. subject to the following: Standard site plan requireMents. (Engf....rt ftg) . On motion by Councilman Malbon, 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, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the above application of Fairfield Development Corporation for a Use Permit for a sewage pumping station on certain property located 2150 feet more or less North of Providence Road and 2900 feet more or less West of Lord Dunsmore Drive on the West side of Basilica Court (Proposed) on Parcel A, Block 18, Fairfield, Section Eight. (Fairfield Area). KEMPSVILLE BOROUGH. Approval of this appli- cation is subject to standard site plan requirements. II ,III (COUNCILMAN PAYNE LEFT THE COUNCIL CHAMBERS) ~.i ITEM #5645 _Ucatl. ., ....,. Cobeft, "'fsbe~ and Clark for a :an~ of ZoninG froll ""ttpl. '.11, ..tellnce District (R....) to Ltll1ted Caliiiirc arb1str1ct 3 (C-L 3) on cerulli propeJ't,y beginning at a point 750 feet more or less West of South Plua Tran and running a dtstlnce of 525 feet more or '.ss along the North s1e11 ", HollMC1 Road, running a d1stance of 1110 feet more or less along the Wntem property line. runn1ng a distance of 385 feet more or less along the Northern property line and running a distance of 1260 feet more or less along the Eastern property l1ne. Said parcel contafns 12.534 acres. (Wfndsor Oats ....t Arta). KEMPSVILLE BOROUGH. Planning ~sslon AI~dat1on: A NOtton b.Y the Planning ~sston WIS passed for denfal of this request as the proposed change of zonfng is 1n conflict with the Ltttle Neck-Lynnhlven Dtv.,....t Plan that ...~nds a residentfal (6..12 du/lcre) use of the propen,. '''''1 ' Mr. Douglas Talbot appeared on behalf of the applicant. On motion by Councilman Rhodes, seconded by Vice Mayor Ervin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Hayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen George R. Ferrell and J. Curtis Payne. 'Ji'!""1 .' I City Council referred back to the Planning Commission the above applica- tion of Nonni, Cohen, Weisberg, and Clark for a Change of Zonin& from Multiple Family Residence District (R-M) to Limited Commercial District 3 (C-L 3) on certain property beginning at a point 750 feet more or less West of South Plaza Trail and running a distance of 525 feet more or less along the North side of Holland Road, running a distance of 1110 feet more or less along the Western property line, running a distance of 385 feet more or less along the Northern property line and running a distance of 1260 feet more or less along the Eastern property line. Said parcel contains 12.534 acres. (Windsor Oaks West Area). KEMPSVILLE BOROUGH. ,~I ''''''""1 "'~,.. 1 '~'I ,I ,I ITEH #5646 App1teatt.. of T.. Corp.. for a Usa '-",it to construct 368 apa.....t units on Cll"ta1.. property beginning at.point '50 feet lION or less Ealt of Thalia Road. running a diltance of 540.26 feet along the Northern property l1ne of which 368.16 feet is the South side of Bonney Road, running a distance of 1921.20 feet along the Eastern property Un., running a distance of 544.24 feet along the Southern property line and running a distance of 1800.48 feet alon, the weltern property line. Said parcel contains 20.615 acres. (Thalia V 11a.. Area). KEMPSVILLE BOROUGH. Planning ComIrtssion Recommendation: A motion b.Y the Planning Commission was passed for approval of this request. Said motion is subject to the following: 1. Modified the requested number of apartment units from 368 to 288 units (13.9 du/ac). 2. Water and sewer line fees required. (Public Utilities) 3. Standard site plan requtrements to include a drainage easement 100 feet from the center l1ne of Thurston Branch Thalia Creek shall be dedicated to the ctty; Inverness Road shall be extended through this site; a 50-foot right of way shall be dedicated and full street improvements constructed along its length; the entrance road from Bonney Road shall align wtth Maple Avenue and shall be a publtc rtght of way 50 feet with full street improvements back to Inverness load; Ionne)' ANd shan be widened with 21 feet of pavement from center 11ne wtth curb and gutter, stdewalks and stona drains as necessary. (Engineering) 4. A dedtcat10n of right of way 30 feet from the center l1ne of the exist- ing JO-foot rtght of w~ along the 368.16-foot more or less frontage on Bonney Road (a l5-foot dedication). (Real Estate) 5. Developers provide and develop a minimum of 15% (3 acres) for acttve recreation. (ParkS and Recreation) 6. Southern portion of this property (below approximate 8-foot contour) conststs of highly erodible s011s or marsh; building should not be allowed tn tht s are.. Mr. Joseph Boyd appeared on behalf of the applicant requesting a deferral of one (1) week. On motion by Councilman Gardner, seconded by Councilman Rhodes, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen George R. Ferrell and J. Curtis Payne. City Council deferred for a period of one (1) week the above application of Tee Corp., for a Use Permit to construct 368 apartment units on cer- tain property beginning at a point ISO feet more or less East of Thal~a Road, running a distance of 540.26 feet along the Northern property llne of which 368.16 feet is the South side of Bonney Road, running a distance of 1921.20 feet along the Eastern property line, running a distance of 544.24 feet along the Southern property line and running a distance of 1800.48 feet along the Western property line. Said parcel contains 20.615 acres. (Thalia Village Area). KEMPSVILLE BOROUGH. J I ITEM #5647 App1teat'. of SaY-A-Ton. Inc.. for a Use Penn1t to operate a gasoline supply statton (self-service) on c:erta1i\property located at the Southeast comer of Dt...d Spl"'lngs Road and Haden Road. running a distance of 187 feet along the South side of Haden Road, running a distance of 100 feet along the East sfde of Dt-.nd Springs Road. running a distance of 187 feet along the Southern P.....1"t1 l1ne and running a distance of 100 'eet along the Eastem property 11ne. Said parcel contains 0.426 acre. (D1-.ond Springs Area). .- BAYSIOE BOROUIH. Pllnn1ng ~sston ReCOlllndatton: A IOtton by the Planning COmm1sston was passed for approval of this request. Said RIOtion is subject to the following stipulations: 1. water and sewer line fees requtred. (Public Utilities) 2. Standard sfte plan requtrements to include a twelve-foot pavement wfdenfng with a 50-foot transition. curb and gutter, sidewalks and stonn drains along Diamond Springs Road and widening with curbs and gutters. side- walks and sto... drains along the fronta~ on Haden Road; all entrances shall con~ to City standards. (Eng1nee.rt~) 3. Cfty water Ind sewer. (Health) Mr. Charles Jenks appeared on behalf of the applicant. Mr. C. T. Boardman appeared on behalf of the applicant. On motion by Councilman Holland, seconded by Councilman Callis, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen George R. Ferrell and J. Curtis Payne. City Council denied the above application of Sav-A-Ton, Inc., for a Use Permit to operate a gasoline supply station (self-service) on certain property located at the Southeast corner of Diamond Springs Road and Haden Road, running a distance of 187 feet along the South side of Haden Road, running a distance of 100 feet along the East side of Diamond Springs Road, running a distance of 187 feet along the Southern property line and running a distance of 100 feet along the Eastern property line. Said parcel contains 0.426 acre. (Diamond Springs Area). BAYSIDE BOROUGH. ,...,~ ii II II /CCOUNCILMAN PAYNE RETURNED TO THE COUNCIL CHAMBERS) 'JO!'I';I' ITEH #5648 _UCltt. of Davis Comer ft)tors by Gerald E. Snyder for a ~ of ~t~ fro. Limited Commercial District 2 (e-L 2) to General commerc~ s .. ct 2 (C-G 2) end a US. Pennit for used car sales and service on cer- tatn propertY' beginning ati point 880 feet more or '.ss West of Davis Street, running a d1stance of 80 feet along the North side of V1rg1nia Beach Boulevard, "",n1ng a d1stance of 603.51 feet along the Westem pro- perty line, rumi", a d1stance of 81.23 feet along the Northem property line and running a d1stance of 617.62 feet along the Eastern property line. Said parcel is known as Lot 12, Milburn Manor and contains 1.135 acres more or ,.... (Mtlbum Manor-Davis Corner Areas). BAYSIDE BOROUGH. Plann1ng Calm1ss1on Recommendat10n: A mot10n by the Plann1ng Comm1ssion was passed for approval of th1s request. Said .tion 11 subject to the follow1ng: 1. Water and sewer l1ne fees required. (Publ1c Utilities) 2. Standard s1te plan requirements including curb and gutter, pavement widen1ng, sidewalks and stonn dra1ns as necessary along marg1nal access road at Vtrg1n11 Beach Boulevard. Dedication on access road required. (Engineering) 3. Ded1cat1on of right of WIY 80 feet from the centerline of the existing 120-foot r1ght of way along the 8O-foot more or less frontage on V1rg1n11 Beach Boulevard (a 20-foot ded1cation). (Rill Estate) 4. Cfty Wlter and sewer. (Health Department) Mr. Gerald E. Snyder appeared on behalf of his own application. On motion by Councilman Holland, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Donald H. Rhodes, and Floyd E. Waterfield, Jr. '.....-1 Nays: None Absent: Councilman George R. Ferrell. Abstain: Councilman J. Curtis Payne. City Council approved the above application of Davis Corner Motors for a Change of Zoning from Limited Commercial District 2 (C-L 2) to General Commercial District 2 (C-G 2) and a Use Permit for used car sales and service on certain property beginning at a point 880 feet more or less West of Davis Street, running a distance of 80 feet along the North side of Virginia Beach Boulevard, running a distance of 603.51 feet along the Western property line, running a distance of 81.23 feet along the North-. ern property line and running a distance of 617.62 feet along the Eastern property line. Said parcel is known as Lot 12, Milburn Manor and contain; 1.135 acres more or less. (Milburn Manor--Davis Corner Areas). BAYSIDE BOROUGH. Approval of this application is subject to the following stipulations: 1. Water and sewer line fees as required by the Public Utilities Division. '....-'1 2. Standard site plan requirements including curb and gutter, pavement widening, sidewalks and storm drains as necessary along marginal access road at Virginia Beach Boulevard. Dedication on access road required. (Engineering) I , 3. Dedication of right of way 80 feet from the centerline of the existing 120-foot right of way alJng the 80-foot more or less frontage on Virginia Beach Boulevard (a 20-foot dedication). (Real Estate) .4. City water and sewer as required ~y the Health Department. II il II (COUNCILMAN PAYNE LEFT THE COUNCIL CHAMBERS) '-1 ITEH #5649 App11cett. of .John COpeland, Inc.. for a Chan!le of ~n1nt from Limited ec-.-cial ,"strict' (C-L 3) to Gen.ral C~rcfiT str ct 3 (C-G 3) and a YH.. Permtt for new autclaobl1e sales and service on certain property located attne""li'riieast comer of Virginia Beach Boulevard and Greenfell Avenue, running I distance of 250.14 feet along the North side of Virginia Beach Boulevard, running a distance of 451.87 feet along the East stde of Greenfell Avenue, running a distance of 250 feet along the South side of Broad Street and running I distance of 460.28 feet along the Eastern, property 11n.. Said parcel is kn.. as Lots 1 through 18, part of Lot 19, all of Lots 23 through 40 and part of Lot 41, Block 31, Plat of Euclid Place. Said parcel contains 2.6 acres IIIOre or less. (Aragona Vf1lage-Euclfd Areas). BAYSIDE BOROUGH. Planning ~ssion Recomnendationi A motion by the Planning Commisston was passed for approval of this request. Said motion is subject to the following: 1. Water l1ne fees required and sewer to be provided by private ut111ty. (Public Utilities) 2. Standard site plan requirements to include pavement widening, curb and gutter and s~ drains required along Virginia Beach Boulevard; the motion waived the s1dlMalks requirement along Virginia Beach Boulevard. (Engineering) 3. City water and sewer. (Health) Mr. Fred Stanton, III, appeared on behalf of the applicant. On motion by Councilman Holland, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Donald H. Rhodes, and Floyd E. Waterfield, Jr. ''''"''.1 Nays: None Absent: Councilmen George R. Ferrell and J. Curtis Payne. City Council approved the above application of John Copeland, Inc., for a Change of Zoning from Limited Commercial District 3 (C-L 3) to General Commercial District 3 (C-G 3) and a Use Permit for new automobile sales and service on certain property located at the Northeast corner of Virginia Beach Boulevard and Greenfell Avenue, running a distance of 250.14 feet along the North side of Virginia Beach Boulevard, running a distance of 451.87 feet along the East side of Greenfell Avenue, running a distance of 250 feet along the South side of Broad Street and running a distance of 460.28 feet along the Eastern property line. Said parcel is known as Lots 1 through 18, part of Lot 19, all of Lots 23 through 40 and part of Lot 41, Block 31, Plat of Euclid Place. Said parcel con- tains 2.6 acres more or less. (Aragona Village--Euclid Areas). BAYSIDE BOROUGH. Approval of this application is subject to the following stipulations: . , 1. Water line fees required and sewer to be provided by private utility. (Public Utilities Division). 2. Standard site plan requirements to include pavement widening, curb and gutter and storm drains required along Virginia Beach Boulevard. (Engineering Division). 3. City water and sewer. (Health Department) ,-,I 4. Subject to the applicant placing on file with the City a letter that states that the si.dewalks wjll be installed along Virginia Beach Boulevard at the developer's cost if it is determined by the Department of Community Services that these sidewalks are necessary. -..--- .-..----.- --+_....~-_.__.. - """".'1 '''''1 .-1 . , I II ,II (COUNCILMAN PAYNE RETURNED TO THE COUNCIL CHAMBERS) ITEM #5650 ~1tC.tton of Edwin S. Brock for a ~ ,of zo;t(l: from Rural Residence "strict (R-I 1) to Residence SuburbiilDfitMct -5 3). to Restdence Suburban District 2 (R-S 2). Multiple Faml1y Residence District (R-M) and Lt.tted ea..erct., Dtstr1ct 3 (t-l 3) and a Use Permit to construct 90 single f..11y cluster un1ts (townhouses) on certain property beginning at a point 750 f.t IIIOre or less West of Haygood Road. runn1ng a distance of 350 feet .... or less on the North side of Newtown Road, bounded on the West by 8IlItd. Junior High School and bounded on the East and North by Lake Smtth. 'arcel 1: Change of zoning from R-S 3 and R-R 1 to R-S 2: 175 acres more or less. Parcel 2: Chlnge of zontng from R-S 3 to t-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 zontng from R-S 3 and R-R 1 to R-M and a USe Permit to construct 90 stngl. famtly cluster units (townhouses): 27.4 acres. Pl.ts with .ore detailed infonnat10n are available tn the Department of City Planntng. (81ys1de Junior High School Area). BAYSIDE BOROUGH. Planning ~ssion Recommendation: A motton by the Planning Commission was passed for approval of this request. Said motion is subject to the following: 1. Water and sewer Hne fees required. (Public Utilities) 2. Standard site plan and subdivision requirements. Ftve Forks Road shall be illlproved from .stern property 11ne to eastern property 11ne 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 tlllprovsents for the collector leading from Newtown Road north tnto the project; ISO-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 .fz. to acconmodate future runoff from its watershed; pavement widening, st..'k1. curb and gutter. and stonn drain shall be required ,'ong Newtown RId. (Engineering) 3. ThllO-foot dedication of right of way for Five Forks Road as shown on appl1cat1.. (Real Estate) 4. C1 t)' water and sewer. (Health) 5. Parcell: Reconwnend approval if 6.8 acre park site 15 to be dedicated to City or developed by builders; Parcel 3: ReCOl'l1l1end developer provide and develop approximately 3 acres for active recreation; Parcel 4: ReCOllllllnd developer provide and develop approximately 4 acres for active recreation. (Parks and Recreation). 6. Slopes below the lS-foot contour are highly erodible slopes above lake Whitehurst; these slOpes should remain in trees. Some lots do not hive enough useabl. space above the 15-foot contour. (SOil Conservatton) 7. Parcell: Reconnend that these lots fronting on the I18jor north-south collector street betwen the lake be redesigned to allow for additional depth between the top of the bank C1S-foot contour) and the street; additional depth 15 necessary in order that the integrity of the slope will not be dtsturbed by constructton. Parcel 2: RecOllllllnd that ingress-egress to the conmerctal area be limited to one curb cut on Five Forks Road to provide for adequate traffic control; reeonnend that any future COIIIIIerc1al development be buffered from the surrounding land uses by a landscape earthern bem and/or adequate planting; Parcel 3: Re~~ 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) jl II ,II Mr. Patrick L. Standing appeared on behalf of the applicant. On motion by Councilman Holland, seconded by Councilman Malbon, and by recorded vote as follows: ,-, Ayes: Councilmen John A. Baum, Robert H.Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman George R. Ferrell. City Council deferred for a period of two (2) weeks the above applica- tion of Edwin S. Brock for a Change of Zonin~ from Rural Residence District (R-R 1) to 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. 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 zoning 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. '-'I Plats with more detailed information are available in the Department of City Planning. (Bayside Junior High School Area). BAYSIDE BOROUGH. ITEM #5651 Appl1cation of John M. Wright by Henry flm'gan for a Chan~ of Z~nlnt from Residence Suburban D1strtct 4 (R-S 4) to Limited COnwnerc a Lris r c 3 (C-L 3) on certain property located at the Northwest corner of Plymouth Lane and Laurel Lane, ",""ing a distance of 112.59 feet along the North side of Laurel Lane, running a distance of 70 feet along the West side of Plymouth Lane, running a distance of 110 feet along the Northern property Hne and running a distanct of 71 feet along the Western property 11ne. Said parcel is knGIIIIR as Lot 147, Plat of Laurel Manor and contains 7770 square feet more or less. (Laurel MInor Area). LYNNHAVEN BOROUGH. Planning C~ssion Recommendation: A motton by the Planntng eommtsston was passed for denial of this request as this represents an intrusion of commercial zoning into a residential area. Oppes1tion was presented by the residents of the area to this proposed zoning ~_~ _,___~____ ~. nd__' _~ _ ..,__ ,__ '_______' _ ___~__" ~~- --,-~-- -, - --- __._, ,_ I ,""'I . ; ,I Mr. Browner indicated that the Planning Department had received a letter from Mr. John M. Wright requesting withdrawal of the above application. Mr. Douglas Fitz-Randolph, Vice President, Laurel Manor Civic League, appeared in opposition to the above 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, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. ''''''.''1 Nays: None Absent: Councilman George R. Ferrell. City Council denied the above application of John M. Wright for a Change of Zoning from Residence Suburban District 4 (R-S 4) to Limited Commercial District 3 (C-L 3) on certain property located at the Northwest corner of Plymouth Lane and Laurel Lane, running a distance of 112.59 feet along the North side of Laurel Lane, running a distance of 70 feet along the West side of Plymouth Lane, running a distance of 110 feet along the Northern property line and running a distance of 71 feet along the Western property line. Said parcel is known as Lot 147, Plat of Laurel Manor and contains 7770 square feet more or less. (Laurel Manor Area). LYNNHAVEN BOROUGH. This application was denied as the proposed change of zoning represents an i.ntrusion of commercial zoning into a residential. area. ITEH #5652 ApplieatiOl of IIrnIrd Jaffee for a Use Permit to construct a sewage pumping stltion .. certain property located on the South side of Lampl Avenue Extended begtnntng It a potnt 640 feet more or less East of Caren Drive. Said parcel 11 designated a. 75 feet by 75 feet. (Birchwood Gardens Area). LYNNHAVEN '''''1' BOROUGH. Planning Commissfon Recommendation: A MOtion by the Planning Commission was passed for approval of this request. Said _tion is subject to the following: Standard site plan requtrenents. (Engineering) . Mr. Douglas Talbot appeared on behalf of the applicant. On motion by Councilman Malbon, seconded by Councilman Holland, 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, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman George R. Ferrell. City Council approved the above application of Bernard Jaffee for a Use Permit to construct a sewage pumping station on certain property located on the South side of Lampl Avenue Extended beginning at a point 640 feet more or less East of Caren Drive. Said parcel is designated as 7S feet by 75 feet. (Birchwood Gardens Area). LYNNHAVEN BOROUGH. Approval of this application is subject to standard site plan require- ments as required by the Engineering Division. . , "'''''"_>'1 ~,I ."'- I U II llI"tj ITEM #5653 Appltcatton of .... Drive Assoc.. for a Use Penn1t to const"'ct 492 _tet condClllini. a...t 1RQ on certain propertj'Toc:ated on the North side of Shore Drive beginning at a point 200 feet more or less East of North Great Neck RDad. running I distance of 1085 feet IRON or less along the Southem pro- perty line of whtch 935 teet lION or less fa the North side of Shore Drive. running a dtltlnce of 643.64 feet along the Eastern property line. ",nning a distance of .3.54 feet along the Northern property line and running a distance of 752 feet along the Western property l1ne of which 215 feet is the East s1de of North Great Neck Road Extended. Said parcel contains 15.1 acres IIOI'e or lesl. (Seaview Beach Area). LYNNHAVEN BOROUGH. Plannfng CoIInfssi. Re~datfon: A motion by the Planning ~Ision was passed for approval of this request. Said IIOtfon ts subject to the following: 1. Water and sewer line fees required. (Public Utilities) 2. City wate.. and sewe... (Health) 3. RacoMIInd approval if facilities are provided as shown on site plan dated January 9. 1973. (Parks and Recreation) 4. Suggest partiCipation in school sfte acqutsition. 5. Stlndard sfte plan requinments to include: a. A twelve..foot pavement widening with curb and gutter, sidewalks and stol"ll dratns as necelsa..y along frontage on Shore Drive. b. Two entrances only shall be allowed on Shore Drive; these shall be loclted 500 and 1 .000 feet from Great' Neck Road. c. Mldian crossovers with 200-foot left turn lanes shan be constructed by dive lope.. It each entrance on Shore Drive. d. Crossovers with left tum lanes should be prodded on Shore Drive opposite tM site's access potnts. e. lit additional entrance shan be provfded off Great Neck Road; from tltis .,...... to Shore Drfve. the developer shall construct 30 feet of pav_nt with curb. gutter and sfdewalks along the frontage on Great Neck Road. f. A 2OO..foot left tum 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. 9. A 3O-foot unobstructed public easement from mean high water shall be dedicated to the City of Vfrginia Beach along the bay side. h. All stom drainage shall be suftably routed to the bay. i. Dune line between project and meaa high water must be maintained at elevation 16.0 feet mean sea level, otherwise a City standard bulkhead with top elevatton 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 pem1ssion from the City of Virginia Beach. (Engineering and Planning) , I Ii II ~r. Steve Seawright appeared on behalf of the applicant. On motio~ by Vice Mayor Ervin, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. .e<-"~'I Nays: None Absent: Councilman George R. Ferrell. City Council deferred for a period of two (2) weeks 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. (COUNCILMEN CALLIS AND WATERFIELD LEFT THE COUNCIL CHAMBERS) ITEM ##5654 .'t_Ce. ., .... e.ati-Uii1. Co. lid CNlop Land and Dlve'OI2.n, ~.. for . ... fIIIb.. " _truct 1 ..... ......t.. s'atton on ctrtatnpf'Ol'8l"1.Y I_teet 13U1J'fiit"iiih .. 1_ SOUtft of HI.,... ANd and 2300 feet lION or ,... We.t of 0.._ "".ard. . Slfd ,.,.1 f. 90 f..t along the Northern property Une. 80 flet al.. .. Eastern ~ 19ne. 98 feet along the Southe", property Unt and 60 feet 11"'9 the VI.te", property line and is to servfce Harpe.. SqUIN .... Derby llYn. (0cI_ Naval Atr Station Area). PRINCESS ANNE BOROUGH. ~!W',.! ".nn1ft1 ec.t..,. ~ndatfOft: A _i. .., ... 'l_fng r..t..t... .. ,.ssed for approval of thi. r.....st. IIi. _tOIl t. -.teet to the Jon.....,: StMdlrd site pl,n requi....... (!nIt_ri..) On motion by Councilman Payne, 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, Charles W. Gardner, Clarence A. Holland, D. ~iurray Malbon, J. Curtis Payne, and Donald H. Rhodes. 1'""1 Nays: None Absent: Councilmen Robert H. Callis, Jr., George R. Ferrell, and Floyd E. Waterfield, Jr. City Council approved the above application of Bush Construction Co. and Crelor Land and Development Co., for a Use Permit to construct a sewage pumping station on certain property located 1300 feet more or less Sout~ of Harper Road and 2300 feet more or less West of Oceana Boulevard. SaId parcel is 90 feet along the Northern property line, 80 feet along the Eastern property line, 96 feet along the Southern property line and 60 feet along the Western property line and is to service Harper Square and Derby Run. (Oceana Naval Air Station Area). PRINCESS ANNE BOROUGH. Approval of this application is subject to standard site plan requirements as required by the Engineering Division. \I, I (COUNCILMEN CALLIS AND WATERFIELD RETURNED TO THE COUNCIL CHAMBERS) 'll"'O-'l ~ I 'flO"'! ,< I i ill ITEM *5655 WUcatt. fIf ...., c.tt,..tt... Corpo..att... for a ~ tfz..,t~ ". lilt... sua... IHstrtct 4 (1-5 4) to ""tipl. fllllfT11islCitiite strict (R....) .... . .... ~t to COftstruct 36 toMIhouses on certafn propertyloclted . eM Soutliiiift comer of Pl.asure House Road and 8rtgadoon Drive runntng . cttltucl of 200 feet "ong the West .tde of Ple.sure House ANd. ruM1ng . dtstance of 431.10 f.t .1089 the South .,de of Brtgadoon Drive. ruM1ng a dilt.at of 200 feet "Oftt the Vlltem property ltne Ind running a distance of 435.10 ,..t along the Southem PNperty 11ne. Said parcel is known IS Lots 17 IIId 18. ""1de Cerpol'at1on. and contains 2 acres. (Br.dford Terr.ce ANa). IAYSIDE BOROUIH. 'l....tn' co.tl.t.. aeCGJ1l1nc1atfon: A .tton by .tIIe ',....'''' ec.1ss1on WIS passed for dental of this ""IUllt .s the use ,.-.tt II .......ted ts tn conflict wtth the "ys1de Dlvel...t Plln tllbtch rMII 1* ,. ....t.ti., us. of 3-6 dWelltng untts pel' .e.... Mr. James Evans, Attorney, appeared on behalf of the applicant. Mr. H. Ruhl appeared in opposition to the above application. Mr. J. P. Parker, appeared in opposition to the above application. On motion by Councilman Holland, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: Councilmen John A. Baum, Vice Mayor F. Reid Ervin, and Charles W. Gardner. Absent: Councilman George R. Ferrell. City Council referred back to the Planning Commission the above applica- tion of Gersal Construction Corporation for a Change of Zonin~ from Residence Suburban District 4 (R-S 4) to Multiple Family Resi ence District (R-M) and a Use Permit to construct 36 townhouses on certain property located on the Southwest corner of Pleasure House Road and Brigadoon Driv(! running a distance of 200 feet along the West side of Pleasure House Road, running a distance of 435.60 feet along the South side of Brigadoon Drive, running a distance of 200 feet along the Western property line and running a distance of 435.60 feet along the Southern property line. Said parcel is known as Lots 17 and 18, Bayside Corporation, and contains 2 acres. (Bradford Terrace Area). BAYSIDE BOROUGH. This application was referred back to the Planning Commission with a suggestion that the density be ----reducted to ten to twelve units for the two acre parcel in lieu of the 36 townhouse units requested by the applicant. ITEM #5656 Mr. Richard Webbon announced the resignation of Mr. Fred M. Wilkerson from the Board of Equalization of Real Estate Assessments which became effective March 15, 1973 and the appointment--by the Honorable Robert S. Wahab, Jr., Judge of Circuit Court of the City of Virginia Beach--of Mr. Lloyd A. Murden to the Board of Equalization of Real Estate Assessment to serve the unexpired term of Mr. Wilkerson effective March 16, 1973 and ending December 31, 1973. 1""1"-- Ii il II ITEM # 5657 JJ!lo!-<I' On motion by Councilman Rhodes, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman George R. Ferrell City Council approved on second, reading the following Ordinance authorizing the issuance of $3,000,000 Public Improvement Bonds of the City of Virginia Beach: AN oRDINANCE AUTHORIZING THE ISSUANCE OF $3,000,000 PUBLIC IMPROVEMENT BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA *<xO~ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: ilI""".'1 1. It is hereby determined to be necessary and expedient for the City of Virginia Beach to construct and improve various public facilities and improvements, all of which will promote the development and public welfare of the City, and to borrow money for such purposes and issue the City's general obligation bonds therefor. 2. Pursuant to the authority of the Charter of the City of Virginia Beach (Ch. 147, Acts of Assembly of 1962, as amended), and the Public Finance Act, as amended, there are hereby authorized to be issued Three Million Do1lars~3,000,OOO) Public Improvement Bonds of the City of Virginia Beach to provide funds, together with ,~I other funds that. may be available, for the following purposes: Ii- I I 'I Planning, construction, sitetmprove- ments, enlargements and equipping of municipal buildings, including public safety building, circuit and municipal court buildings, administration building, animal control building and heating plant $1,320,000 '-I Planning and construction of park and recreation facilities, including construction of boat ramp and bicycle trails, enlargement of club house and other facilities at municipal golf course and plans for community center 235,000 Bulkheading south of existing board- walk along oceanfront 50,000 Improve and extend streets and highways 1,145,000 Site improvements for community college 250,000 $3,000,000 Any amounts not needed for any of such purposes may be used for any other of such purposes. """'1 3. The bonds shall bear such date or dates, mature at , I such time or times not exceeding forty years from their dates, bear interest at such rate or rates not exceeding the maximum rate permitted by law at the time the bonds are sold, be in such denomination and form, be executed in such manner and be sold at such time or ttmes and in such manner as the Council shall here- after provide by appropriate resolution or resolutions. 4. The bonds shall be general obligations of the City of Virginia Beach for the payment of principal of and interest on which its full faith and credit shall be irrevocably pledged. lirst Reading: March 12, 1973 March 19, 1973 o -b~c~ Mayor ~"" 0nd Reading: March 19, 1973 1'1 jl II ,II ITEM" 5658 '''''''I On motion by Councilman Payne, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman George R. Ferrell City Council approved on second reading the following Ordinance authorizing the issuance of $4,000,000 Water and Sewer Bonds of the City of Virginia Beach: AN ORDINANCE AUTHOR.IZING THE ISSUANCE OF $4,000,000 WATER. AND SEWER BONDS OF THE "* Q..o7 CITY OF VIRGINIA BEACH, VIRGINIA BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. It is hereby determined to be necessary and expedient for the City of Virginia Beach to improve and extend its water transmission and distribution system and sewer collection system to provide for the orderly growth and development of the City, """"I and to borrow money for such purposes and issue general obligation , I bonds therefor. 2. Pursuant to the authority of the Charter of the City of Virginia Beach (Ch. 147, Acts of Assembly of 1962, as amended) and the Public Finance Act, as amended, there are hereby authorized to be issued Four Million Dollars ($4,000,000) Water and Sewer Bonds of the City of Virginia Beach to provide funds for improving and extending its water transmission and distribution system and sewer collection system, including acquisition of rights of way. '''''''1 . , " ,I ,'I 3. '11le bonds shall bear such date at' dates, mature .t such time or times, not exceeding forty years from their dates, bear interest at such rate or rates, be in such denomination and form, be executed in such manner and be sold at such time or times and in such manner as the Council shall hereafter provide by appropriate resolution or resolutions. ,-, 4. The bonds shall be general obligations of the City of Virginia Beach for the payment of principal of and interest on which its full faith and credit shall be irrevocably pledged. first Reading: March 12, 1973 ~~a!3 '~ . v..~ ' Mayor ITEM ## 5659 On motion by Councilman Waterfield, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and _ Floyd E. Waterfield, Jr. Nays: None Absent: Councilman George R. Ferrell City Council approved on first reading the following Ordinance to amend and reordain Section 20-4 of the Princess Anne County Code and retained by Ordinance Number 160 of the City Code relating to trailers and trailer camps: ..-I Ii I II il AN ORDINANCE TO AMEND AND REORDAIN SECTION 20-4 OF THE PRINCESS ANNE COUNTY CODE AND RETAINED BY ORDINANCE NUMBER 160 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO TRAILERS AND TRAILER CAMPS ~M-'''r BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: ''''''1 That Section 20-4, third paragraph, is amended and reordained to read as follows: Every application for a permit required by this chapter shall be filed with the agent accompanied by a check or cash payment of twenty-five dollars, which shall be applied to the cost of reviewing and processing the application. The agent shall thereupon transmit the same to the planning commission. The commission shall hold a public hearing upon any application received and shall consider the probable effect upon the health, safety, morals or the general welfare of the immediate community or the city as a whole. The commission, after public hearing, shall report its findings to the City Council together with its recommendation which may include appropriate condi- tions for approval. In granting any permit, the Council may consider such conditions in granting such permit. An emergency exists and this ordinance shall be in full force and effect from the date of adoption. First Reading: March 19, 1973 Second Reading: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 1973. '''1 li. i .--.--.-- --.------ ---.-----.-- II ,I ITEM It 5660 Consideration of an Ordinance authorizing the Virginia Beach Community Chapel to hold a certain parcel of real estate in excess of four acres was deferred for a period of one week. ITEM * 5661 On motion by Vice Mayor Ervin, seconded by Councilman Malbon, and by recorded vote as follows: ._fl Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. , ,I Nays: None Absent: Councilman George R. Ferrell City Council approved the following Ordinance appointing Viewers relative to closing portions of 19th Street (extended), Washington Avenue (extended) and 20-foot alley-property as shown on Plat of Brownie Park in Virginia Beach Borough: "~"~I !II" I '''''''''1 1""-"1 ,ll1I",,1..LL. BUTLER 8r CANADA " TORNEYS AT LAW V 'COINI" BlEACH. VA. ORDINANCE APPOINTING VIEWERS tdO~ WHEREAS, Virginia Beach Festival Park, Ltd. has given due and proper notice, in accordance with the statutes for such cases made and provided that they would this day apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of viewers to vies the below described property and report in writing to the Council, whether, in the opinion of said viewers, any, and if any, what inconvenience would result I I I I from the discontinuance of the hereinabove described portions of 19th Street, 20th Street, Washington Avenue and two 20 foot Alleys located in the City of Virginia Beach, Virginia, and have filed such application with the said Council. NOW, THEREFORE, BE ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH THAT Mr. J. N. McClanan, Mr. George L. Hanbury, and Mr. C. C. Carrington are hereby appointed to view the below described property and report in writing to the CounCil on or before April 23, 1973 , whether in \ j ! , I \ 20th Street, Washington Avenue and the two 20 foot Alleys located in Virginia i \ I I \ their opinion and and if any, what inconvenience would result from the discontinuance, closing and vacating of that certain portion of 19th Street, Beach, Virginia described below: That certain portion of 19th Street Extended (status Undetermined . and Unimproved) as shown on Survey of Property of ,vir ginia Beach I Festival Park, Ltd. beginning at its intersection with North Birdneck I Road and running eastward approximately 1100 feet to property former1ty Thelma B. Gilbert; (noted in red on attached survey); Washington Avequ.e Extended, that portion of which fronts on Lots, 31, 30, 29, 28, 27, ' 26, 3' and 24 as shown on Plat of "Brownie Park", Map Book 26, page 3, said portion of Washington A venue Extended ending in a traffic circle, noted in red on atached survey; 20 foot Alley, Block 6, beginning at Parks Avenue and running westward through Lot 18 of property formerly David Stormont Estate, marked in red on attached survey; 20th Street between Block 5 and 6, beginning at ! Parks Avenue and running through Lot 22, marked in red on attached i survey; 20 foot Alley, Block 5, beginning r..t Parks A venue and running! through Lot 2, property formerly The Atl&.ntic Investment Co. All I property now owned by Virginia Beach Festival Park, Ltd. 1_ I ,I "I ITEM II 5662 On motion by Coqncilman Gardner, seconded by Councilman Payne, and by recorded vote as follows: '-'I Ayes: Councilme~ John A. Baum,.Rober! H. Callis, Jr., Mayor Robert B. Cromwell, Jr., V~ce Mayor F. Reld Ervln, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman George R. Ferrell City Council approved the following Ordinance to amend and reordain Section 6-~3 o~ the C?de of the City of Virginia Beach relating to where surflng 15 perm1tted and to repeal Ordinance Number 435: ,I ORDINANCE NO. 436 AN ORDINANCE TO AMEND AND REORDAIN 56-33 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO WHERE SURFING IS PERMITTED AND TO REPEAL ORDINANCE NO. 435. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That 16-33 of the Code of the City of Virginia Beach, Virginia, is amended and reordained to read as follows: '-I It shall be unlawful for any person to surf or to have a surfboard in the city in the littoral waters of the Atlantic Ocean except as permitted by this section as follows: (a> At the city recreation park, Little Island, at places and times as designated by the director of parks and recreation. (b) South of Little Island Park to the state line, between sunrise and sunset, subject to restrictions that may be imposed by the United States in the area owned by it, and further subject to the provisions of 16-22. (c) In the area between the southern boundary of the United States Naval Reservation, Dam Neck, and the northern line of Little Island Park, between the hours of sunrise and sunset, except that between May 15 and September 30, surfing is not permitted between the hours of 10:00 a.m., and 5:00 p.m. (d) In the areas north of the northern line of Camp Pendleton to the southern boundary of Fort Story, between the hours of sunrise and sunset, except that between the period May 15 through September 30, ~urfing is not permitted between the hours of 10:00 a.m. and 5:00 p.m. Surfing is permitted in the area between center line of 3rd Street prolongated eastward pxtending north to center line of 5th Street prolongated easbWard' between sunrise and sunset. . I (e) Surfing is prohibited at all times within 300 feet north and 300 feet south of the wooden Fishing Pier-rocated between 14~ana-r5th Streets and 300 feet north of the Steel Fishing Pier, located at 3rd Stree~as-welt as the area south of the Steel Fishing Pier to the northern jetty of Rudee Inlet. '.....1 An emergency exists and this ordinance shall be effective from the date of passage. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19th day of March t 1973. I ,I ,II ITEM # 5663 On motion by Councilman Payne, seconded by Councilman Gardner, and by recorded vote as follows: "'-I Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman George R. Ferrell Due to new legislation, it is required that the City of Virginia Beach have additional registrars available to serve the public. As a result, the Board of Elections has requested additional space in the office of Mrs. Anna Cotton, General Registrar. Therefore, City Council approved an appropriation in the amount of $12,500 from Reserve for Contingencies for an e~tension on the General Registrar's office. ITEM 1#5664 On motion by Councilman Malbon, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman George R. Ferrell City Council approved an appropriation in the amount of $1,750 for the second half dues to TVDC. 'jI<<.'.'1 ITEM #5665 On motion by Councilman Gardner, seconded by Counctlman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert 'B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman George R. Ferrell The administrative staff has been working for some time with Nepratex Industries, Incorporated to develop a sewer and water contract that would allow Nepratex to pay their line fees based on a reasonable schedule. Therefore, City Council authorized the City Manager to enter into an agreement with Nepratex that will allow them to pay the $68,750 fee over a twelve year period. ~r""1 i II II ITEM # 5666 On motion by Vice Mayor Ervin, seconded by Councilman Gardner, and by recorded vote as follows: 1"-....1 Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman George R. Ferrell City Council authorized the City Manager to enter into a contract with Talbot, Wermers and Associates to perform design engineering work for Trantwood, Southern Points and Britany Estates. ITEM # 5667 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, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman George R. Ferrell City Council authorized the vacation of a previously existing 80.foot easement on the preliminary subdivision of land by Betty J. Thomas, at the western end of New Street off South Gum Avenue, in the Kempsville area.:,'" tI"'~'1 ,... I it i " 'I II ITEM *5668 Mrs. Gray, a resident of the Queen City Area of Virginia Beach, appeared before City Council regarding water, sewer and poor road conditions in her neighborhood. The administrative staff indicated that Queen City--installation of sewer-- had been included in Revenue Sharing Funds and further indicated that they would investigate the water and road problems in the subject area. . ITEM * 5669 jI"-1 On motion by Councilman Baum, 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 Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman George R. Ferrell. City Council adopted the following Resolution appointing Councilman Robert H. Callis, Jr. and Vice Mayor F. Reid Ervin to the Tidewater Transportation District Commission: ""'1 RESOLUTION APPOINTING AND MEMBERS OF THE CITY COUNCIL OF VIRGINIA, AS MEMBERS OF THE TIDE- WATER TRANSPORTATION DISTRICT COMMISSION K- ~ 9 5" WHEREAS, it is necessary to appoint two members of the City Council as 'Commissioners of the.Tidewater Tra~sportation District; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach , Virginia that Vice Hayor F. Reid Ervin and Jr., ' Councilman Robert H. Callis," members of this body, are hereby appointed as members of the Tidewater Transportation District Commission, to represent this City on that body. , , Adopted by the Council of the City of Virginia Beach Virginia, on ,e'>'1 March 19 , 73 . .~ I I II ITEM #15670 Mayor Cromwell, with the concurrence of Council, appointed the follow- ing persons to the "Fort Story Committee" to study the possible use of the beach in that area: Councilman Robert H. Callis, Jr. Councilman Charles W. Gardner Councilman J. Curtis Payne Mr. Scott Tyler, Inter-governmental Relations Officer ITEM #15671 On motion by Councilman Malbon, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman George R. Ferrell. City Council noted its intention to hold a closed meeting on Monday, March 26, 1973, for the purpose of discussing items permitted for discussion under the Freedom of Information Act of the Commonwealth of Virginia. ITEM #5672 P4 On motion by Councilman Holland, seconded by Councilman Rhodes, and by unanimous vote, the meeting adjourned. ~~~~ o ert . Cr we , Jr., yor City of Virginia Beach, Virginia March 19, 1973 .....'1 '~ I