JULY 9, 1973
II I
MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
July 9, 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, July 9, 1973,
at 2:00 p.m.
The invocation was given by the Reverend Junius Foster, Thalia Lynn
Baptist Church, Virginia Beach, Virginia.
Councilmen present: John A. Baum, Robert H. Callis, Jr., Mayor Robert
B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles
W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald.
H. Rhodes, and Floyd E. Waterfield, Jr.
Councilmen absent: None
ITEM #6089
On motion by Councilman Malbon, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the Minutes of the Regular Meeting of July 2,
1973, as corrected, and the reading of said Minutes dispensed with
inasmuch as each Councilman had a copy of the subject Minutes before
him.
ITEM #6090
TrIfler YarilRCe for Leslie A. Peterson: South side of Old Carolina lane beginning
at a point 6M 'eet more or l.ss West of Blackwater Road. Said parcel contains .
4.02 acres. (VaMance from 2500 feet to 400 feet more or less to the nearest
dwelling). BlACKWATER BOROUGH.
Planning Commission Recommendations:
A motian by the PlaMtng COIJIII1ss1on was passed for dental of this request.
On motion by Councilman Baum, seconded by Councilman Waterfield, and
by recorded vote as follows:
~~~~~eliouncilme~ John A. Baum,.Rober~ H. Callis, Jr., Mayor Robert B.
G d ' Jr., Vlce Mayor F. Reld Ervln, George R. Ferrell, Charles W
Har~edr, Clardence A. Holland, D. Murray Malbon, J. Curtis Payne Donaid
. 0 es, an Floyd E. Waterfield, Jr. '
Nays: None
Absent: None
City Council denied the abov~ application of Leslie A. Peterson for
a trailer variance: South slde of Old Carolina Lane beginning at a
point.665 feet more or less West of Blackwater Road Said parcel
contalns 4.02 acres. (Variance from 2500 feet to 400 feet more or
less to the nearest dwelling). Blackwater Borough.
ITEM #6091
Tral1er Variance for John Early Lawrence: North side of Back Bay Land1ng Road
2100 feet .... or less East of Princess Anne Road; said parcel contatns 1.0 acre.
(Variance fran 2500 feet to 50 feet to the nearest dwelling). pUfIIGO BOROUGH.
Planntng Comm1ssion Recommendations:
A -.d. by the Planning ConIn1ss1on was passed for approval of this request for
a pertod, of two yean to allow the app11cant to bul1d a hC8 on the property.
On motion by Councilman Waterfield, 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 Ma1bon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the above application of John Early Lawrence
for a trailer variance: North side of Back Bay Landing Road 2100
feet more or less East of Princess Anne Road; said parcel contains
1.0 acres. (Variance from 2500 feet to 50 feet to the nearest
dwelling). Pungo Borough; the application was approved for a period
of two years to allow the applicant to build a home on the property.
ITEM #6092
....,.
Trailer Vartance of William H. Jones, Jr. on certain property located 1505.86
feet South of Old Carolina Road and running distance of 301.98 feet along the
West side of Blackwater Road. Said parcel contains 9 acres. (Variance from
2500 feet to 1000 feet to the nearest dwelling). BLACKWATER BOROUGH.
Planning Commission Recommendations:
A motion by the Planning Commission was passed for approval of this request
for a period of one year to allow the applicant to build a home on the pro-
perty.
Mr. William H. Jones, Jr. appeared on behalf of his application.
On motion by Councilman Baum, seconded by Councilman Rhodes, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the above application of William H. Jones, Jr.
for a tra~ler variance on certain property located 150S.86 feet
South of Old Carolina Road and running a distance of 301.98 feet
along the West side of Blackwater Road. Said parcel contains 9 acres.
(Variance from 2500 feet to 1000 feet to the nearest dwelling).
Blackwater Borough; the application was approved for a period of
one year to allow the applicant to build a home on the property.
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II I
Appl1cat~on of Alex O. Kotartdes and Pete O. Kotarides by H. Calvin Spain,
Attomey, fo.. a Chan~ of Zoning from Residence Suburban otstrfct 2 (R-S 2)
to Limited COanercia blStrict 3 (C-l 3) on certain property located on the
South side of Virginia Beach Boulevard between "1ayo Road and Fair Meadows
Road. runn1ng a distance 01225.13 feet along the South side of Virginia
Beach Boulevard, running a distance of 120 feet along the West side of Fair
Meadows Road, nmn1ng a distance of 225.13 feet along the Southern property
line and running a distance of 120 feet along the East side of Mayo Road.
Said parcel ts known as lots 137, 138, and 139. Subdivision of Fair Meadows
and contains 27,000 square feet more or less. (Fair Meadows Area). BAYS IDE
BOROUGH.
Planning Commission Recommendations:
A motion by the Planning Commission was passed for approval of this request sub-
ject to the following:
1. Water and sewer line fees required. (Public Utilities)
2. Standard site plan requirements to include pavement widening, curb and
gutter, sidewalk and storm drains as necessary along the adjoining rights of \~ay
of Virginia Beach Boulevard, Mayo Road and Fair ~~adows Road. (Engineering)
3. Dedication of right of way 70 feet from the centerline of the existing
120-foot right of way along the 225.l3-foot more or less frontage on Virginia
Beach Boulevard (lO-foot dedication). (Real Estate)
4. Ci ty water and se\'Jer. (Hea 1 th )
5. A planting screen meeting Planning Department approval shall be required
along the rear lot line buffering the proposed commercial use from the existing
residential development. (Planning)
Mr. H. Calvin Spain appeared o~ behalf of the applicant.
Mr. Gerald Balonis, President of the Davis Corner Civic League,
appeared regarding the above application.
Council asked Mr. Carrington to change C-L 3 to O-l on the Comprehensive
Zoning Maps.
On motion by Councilman Holland, seconded by Councilman Ferrell, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the above application of Alex O. Kotarides and
Pete O. Kotarides by H. Calvin Spain, Attorney, for a Change of zoning
from Residence Suburban District 2 (R-S 2) to Limited Commercial District
3 (C-L 3) on certain property located on the South side of Virginia Beach
Boulevard between Mayo Road and Fair Meadows Road, running a distance of
225.13 feet along the South side of Virginia Beach Boulevard, running a
distance of 120 feet along the West side of Fair Meadows Road, running a
distance of 225.13 feet along the Southern property line and running a
distance of 120 feet along the East side of Mayo Road. Said parcel
is kno~;n as Lots 137, l38, and 139, Subdi visi on of Fair Meadows and
contains 27,000 square feet more or less. (Fair Meadows Area). Bayside
Borough; Approval is subject to the following stipulations:
1. Water and sewer line fees required. (Public Utilities).
2. Standard site plan requirements to include pavement widening,
curb and gutter, sidewalk and storm drains as necessary along
the adjoining rights of way of Virginia Beach.Boulevard, Mayo
Road and Fair Meadows Road. (Engineering).
3. Dedication of right of way 70 feet from the centerline of the
existing l20-foot right of way along the 225.13-foot more or
less frontage on Virginia Beach Boulevard (lO-foot dedication).
(Real Estate)
4. City water and sewer. (Health)
5. Planting screening meeting Planning Department approval shall
be required alo~g the. rear lot line ~~fferingthe proposed
II I
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" - ITEM #6094
1 t Chu h for a use Pennit to optrate a child care
Appl1catiCJft of Thalia Lynn ~ ~ ~rtYlocatea at the Northeast COrtiif' of
eent.~ end kindergarten on ce a n p (E1 hth St t) running a dtstanee of
Virg1n1a Beach Sou1evardtteand Cox ~Vline ~f whic~25'feet 15 the North side of
550 feet along the soutd rn p~ distance of 495.18 feet along the East side
Virginia Beach Soul.var · r)'n ng; a distance of 550 feet along the Northern
of Cox Drive (Etahth s~reet dt~c~gof 483.67 feet along the Eastern property
~~~rt~~~":a~e1 ~~~t:in: 5.92 acres IIn or less. (Princess Anne High School
Area). BAYSIOE BOROUGH.
Planning (Dm1ssion Recoumendat1ons:
A motion by the PllM'ling COIIIII1ssion was pasted for lPP"O'al of this request subject
to the fo 11 ow1 ng :
1. Dedication of drainage ea5111f!ftt 150 feet from the centerline of Thal1a
Creek. (Engineef1ng)
2. State 11cense shall be required.
The Reverend J. E. Foster, Jr., appeared on behalf of the application
On motion by Councilman Holland, seconded by Councilman Rhodes, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray'Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
lfi~">
City Council approved the above application of Thalia Lynn Baptist
Church for a Use Permit to operate a child care center and kindergarten
on certain property located on the Northeast corner of Virginia Beach
Boulevard and Cox Drive (Eighth Street), running a distance of 550 feet
along the Southern property line of which 425 feet is the North side of
Virginia Beach Boulevard, running a distance of 486.18 feet along the
East side of Cox Drive (Eighth Street), running a distance of 550 feet
along the Northern property line and running a distance of 483.67 feet
along the Eastern property line. Said parcel contains 5.92 acres more
or less. (Princess Anne High School Area). Bayside Borough; Approval
is subject to the following stipulations:
1. Dedication of drainage easement ISO feet from the centerline
of Thalia Creek. (Engineering)
2. State license shall be required.
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II I
ITEM #6095
AppUcatton of WilHam R. and Ida K. Grossberg for a Chan~ of lonin, from
Res1deftce Suburban District 4 (R-S 4) to Multiple Famf'y estaence strict
(R-M) on certain property located at the Northern extremity of Davis Street,
running a distance of 778 feet more or less along the Southern property line
(Milburn Manor), ",nn1ng a distance of 809.54 feet along the Eastern property
l1ne, r\lnning a distance of 205 feet along the t40rthern property line and running
a distance of 1160 feet more or less along the Western property l1ne. Said parcel
contains 11.231 acres. (Milburn Manor Area). BAYSIDE BOROUGH.
P1anntng Commission Recommendations:
A motion by the Planning Commission was passed for approval of this request subject
to the fol1owtng:
1. Standard site plan requirements to include the following:
a. Drainage easements as required along the existing ditches shall be
dedicated to the City and all storm drainage shall be piped.
b. A 60-foot right of way running ea~st through thts site shall be
dedicated to the City and a 46-foot road with 0Mrb and gutter and sidewalks con-
structed; this road is for a planned fnter~ coanector fmn Wftchduck Road
to Newtown Road.
c. Devis Street shall be extended to the north to tie to Lawrence Drive1
a 50-foot right of way and 30-foot standard street shall be dedtcated and con-
strocted.
d. Necessary outfall drainage easements shall be obtained (aerial photo-
graph is IIde a part of the file). (Engineering)
2. City water and sewer. (Health)
3. Recommend developer provide recreation Iftd open space, no less than
15%. (Parks and Recraation).
4. Suggest participation in school site acquisition.
-
Mr. Harry Hicks appeared on behalf of the above 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., George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: Vice Mayor F. Reid Ervin
Absent: None
City Council approved the above application of William R. and Ida K.
Grossberg for a Change of Zonin~ from Residence Suburban District 4
(R-S 4) to Multiple Family Resi ence District (R-M) on certain property
located at the Northern extremity of Davis Street, running a distance of
778 feet more or less along the Southern property line (Milburn Manor),
running a distance of 809.54 feet along the Eastern property line, running
a distance of 205 feet along the Northern property line, and running a
distance of 1160 feet more or less along the Western property line. Said
parcel contains 11.231 acres. (Milburn Manor Area). . Bayside Borough;
Approval is subject to the following stipulations:
1. Standard site plan requirements to include the following:
a. Drainage easements as required along the existing ditches
shall be dedicated to the City and all storm drainage shall be
piped.
b. A 60-foot right of way running east-west through this
site shall be dedicated to the City and a 46-foot road with
curb and gutter and sidewalks constructed; this road is for
a planned intercommunity connector from Witchduck Road to
Newtown Road.
c. Davis Street shall be extended to the north to tie to
Lawrence Drive; a 50-foot right of way and 30-foot standard
street shall be dedicated and constructed.
d. Necessary outfall drainage easements shall be obtained
(aerial photograph is made a part of the file). (Engineering)
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ITEM #6096
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Application of Fred P. Fletcher by Grover C. Wright, Attorney. for 8. Use P~rm~t to
construct 12 apartment units on certatn Pl"Operty located on the r'lorthh'est corner
of Baltic Avenue and 24th Street. running a distance of 100 feet alonq the t~est
side of Balttc Avenue, running a distance of 130 feet along the North side of
24th Street, running a distance of 100 feet along the Western property line,
running a distance of 130 feet along the Northern property Hne. Said pt1r~el is
known as Lots 1, 2, 3, Block 125 and 10.foot adjacent lane, Virginfa Beach Develop-
ment Co.. Map No.6 and contains 13,000 square feet. VIRGHaA BEACH BOROUGH.
Planning Commission Recommendations:
A motion by the Planning ~ommission was passed for approval of this request subject
to the following:
1. Modified the requested 12 apartment units to ~ apartment units.
2. Redesign the site plan to assure that no cars will hack out onto Baltic Avenue.
3. Standard site plan requirements. (Eng1neertng)
4. Recommend developer provide open space and active recreation areas.
(Parks and Recreation)
5. Suggest particioation in scho~l site acquisition.
Mr. Grover C. Wright, Attorney, appeared on behalf of the applicant.
Mr. Sam Houston, Council of Civic Organizations, appeared regarding
the above application.
Councilman Callis made a motion, seconded by Councilman Baum, to reduce
the number of units from twelve (12) to four (4) in accordance with the
Beach Borough Plan.
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F.
Reid Ervin, and Clarence A. Holland.
Nays: Councilmen Mayor Robert B. Cromwell, Jr., George R. Ferrell,
Charles W. Gardner, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes,
~ and Floyd E. Waterfield, Jr.
Absent: None
The motion to reduce the number of units from twelve (12) to four (4)
was lost.
ITEM #6096 (a)
Councilman Ferrell made a motion, seconded by Councilman Rhodes, to
approve the above application with the recommendations of the Planning
Commission to reduce the number of units from twelve (12) to eight (8).
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., George
R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon,
J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: Councilmen Robert H. Callis, Jr., and Vice Mayor F. Reid Ervin
Absent: None
City Council approved the above application of Fred P. Fletcher, by
Grover C. Wright, Attorney, for a Use Permit to construct 12 apartment
units 011 certain property located on the Northwest corner of Baltic
Avenue and 24th Street, running a distance of 100 feet along the West
- side of Baltic Avenue, running a distance of 130 feet along the North
side of 24th Street, running a distance of 100 feet along the Western
property line, running a distance of 130 feet along the Northern property
line. Said parcel is known as Lots 1, 2, 3, Block 125 and 10-foot
adjacent lane, Virginia Beach Development Company, Map No.6 and contains
13,000 square feet. Virginia Beach Borough; Approval is subject to the
following stipulations:
1. Modified the requested 12 apartment units to 8 apartment units.
2. Redesign the site plan to assure that no cars will back out onto
Baltic Avenue.
3. Standard si te plan requirements. (Engineering)
4. Recommend developer provide open space and active recreation areas.
(Parks and Recreation)
I !
ITEM #6097
A,pl1cat1on of Lakes Assoc.. by Laras.n Realty Corp. for a ;"In~ of iOni~g
f... fitlltiple famtly Residence District (R41) to limited CoIrIIerc: a'-O str ct
1 (C-l 1) on certain property located on the Elst stde of Holland Road beq1nn-
1n9 at a point 2350 feet more or less r~orth of South Lynnhaven Road, running
a distance of 1350 feet more or less along the Westem property line of which
900 feet lION or less ts the East side of Holland Road. runnfng a distance of
610 feet along the Northem property Hne, running a distance of 1365 feet
along the Eastem property l1ne and running a distance of 745 feet more or
less along the Southern property line. . Said parcel contatns 17 acres more
or less. PRINCESS ANNE BOROUGH.
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Planning Commisston Recommendations:
A motion by the Planning Commisston was passed for approval of this request sub-
ject to the following:
1. Water and sewer line fees required. (PUblic Utilities)
2. Standard water and sewer agreements required. (Public Utilities)
3. Standard site plan requirements to include:
a. Pavement widentn9, curb and gutter, sidewalk and storm drains as
necessary along Holland Road. The motion included the stipulation that improve-
ment of Holland Road be included in the first phase of development, and that no
curb cuts be allowed on Holland Road.
b. That portion of Eljay Street that is shown as a 50-foot right of way
shall be a 50-foot right of w~ and full street improvements shall be provided
along the length traversing the property. '
c. A loo-foot wide drainage easement shall be required extending from the
lake system in Green Lakes to Holland Road; the easement shall be located approxf-
_tely 500 feet northwest 0' Eljay-Holland intersection. This easement is for future
tidal canal to service total PUD corridor. (Enq1neering)
4 A dedication of riqht of way 45 feet from the centerline of the ex1stinq
5G-~oot right of way along'the 900-foot more or less frontage on Holland Road
(20-'oot dedication). (Real Estate)
S."City water and se\...er. (Health)
~ Mr. Douglas Talbot appeared on the above application
Mr. Sam Houston, Council of Civic Organizations, appeared on the above
application.
On motion by Councilman Payne, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council deferred for one week the above application of Lakes
Associates by Larasan Realty Corporation for a Change of Zoning
from Multiple Family Residence District (R-M) to Limited Commercial
District 1 (C-L 1) on certain property located on the East side of
Holland Road beginning at a point 2350 feet more or less North of
South Lynnhaven Road, running a distance of 1350 feet ,more or less
along the Western property line of which 900 feet more or less is
the East side of Holland Road, running a distance of 610 feet along
.~ the Northern property line, running a distance of 1365 feet along
the Eastern property line and running a distance of 745 feet more
or less along the Southern property line. Said parcel contains
17 acres more or less. Princess Anne Borough. The application was
deferred due to problems in drainage.
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III
ITEM '6098
. AppUcat10n of the Lakes, Incof"POnted for a Use ,.rm1t to const",ct 171 IlUlti-
"" (eon-....t.) units on certain property beginning It a point 2695 feet
more or '.ss Vest of South Lynnhaven load and 610 feet more or les5 North of
Holland Road. nmntng a distance of 1195 feet more or less along the Southem
property 11ne (a portion of whtch is the North boundary 11ne of Holland Elemen-
tary School), running a distance of 925 feet more or less along the Eastern
property l1ne, running a distance of 638 feet along the NortMm property line
and running a distance of 1124 feet along the Vestem property l1ne. Said
parcel contains 17.1 acres. PRINCESS ANNE BOROUGH
Planning Commission Recommendations:
A motton was passed by the Planning Commission for approval of thts request subject
to the fol1~ng:
1. Standard subdtvtsion/stte plan requirements to include the foll~ng:
I. A loo-foot drainage easement through the lake shall be requtred.
b. Lake banks shall have 6 to 1 slopes.
c. Plan shall be redesigned so that drtveways whtch intersect the publtc
rights of way align opposite one another. (Engineering)
2. Recontnend developer provide active recreation areas; the minimum shall be
2.6 acres for this 17.1 acre site; also recommend no credtt be given for the lakes.
(Parks and Recreation).
3. Suggest participation tn school site aequ1sttion.
On motion by Councilman Payne, seconded by Councilman Gardner, and by
recorded vote as follows: '
Ayes: Councilme~ John A. Baum; Robert H. Callis, Jr., Mayor Robert B
Cromwell, Jr., Vlce Mayor F. Reid Ervin, George R. Ferrell, Charles W:
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council deferred for one week the above application of Lakes
Incorpo:a~ed for.a Use Permi~ to construct 171 multi-family ,
(condomlnlum) unlts on certaln property beginning at a point 2695 feet
more or less West of South Lynnhaven Road and 610 feet more or less
North of Holland Road, running a distance of 1195 feet more or less
along the ~outhern property line (a portion of which is the North
boundary llne of Holland Elementary School), running a distance of
9~5 feet more or less along the Eastern property line, running a
d~stance of 638 feet along the Northern property line and running a
dlsta~ce of 1124 feet along the Western property line. Said parcel
contalns 17.1 acres. Princess Anne Borough.
II
ITEM #6099
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Application of E. Carlton Wl1ton ~ Inc.. by Grover C. ~ir1g"t. Jr.. AttOPMJ, for a
~ Of. ZOftfnq from One FItI11y t~idence O1str1ct(R-l) to ft)tel-Hotel otstr1ct
(M-H) aid' a Use Penn1t to COftstnlct 75 condoorln1um apartment units on certain
propert11oc'iiid Oft the ftorthwest comer of Hilltop Road and Pacific Avenue.
running. a distance of 412.41 feet along the West stele of Pacific Avenue. runn1nq
a distanCl of 411.93 feet along the North side of Hilltop Road, running a distance
of 185.66 feet along the Western property line and nlon1ng a distance of 113.11
feet along the Nortf~rn property line. Satd parcel contains 70,316 square feet.
(Princess Anne Country Club Area). VIRGINIA BEACH BOROUGH.
Planning Commission Recommendations:
A motion by the Planning C~ssion was passed for approval of this r~quest subj~ct
to the following:
1. Standard site plan requirements to include pavement widening. curb and gutter.
sidewalk and storm drains as necessary along Hilltop Road (Linkhorn Drtve).
(Engineering)
2. Dedication of right of way 25 feet from the centerline of the existing 30-foot
right 01 way along the 4ll.93-foot more or less frontage on Hilltop Road (ltnkhorn
Dr1ve)(lO-foot dedication). (Real Estate)
3. Bul1der should provtde more active recreation areas; recor.mend tennts courts
and swimming pool be included in present plan, not future. (ParkS and Recreation)
4. Suggest participation in school site acquisition.
Mr. Grover C. Wright, Attorney, appeared on behalf of the applicant.
Mr. Peter A. Agelasto, III, appeared in opposition to the application.
Mr. Sam Houston, Council of Civic Organizations, appeared on opposition
to the above application.
Ms. Coleen Fogarty, appeared in opposition to the above application.
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 Donald
H. Rhodes, and Floyd E. Waterfield, Jr. '
Nays: None
Absent: None
City Council denied the above application of E. Carlton Wilton,
Incorporated, by Grover C. Wright, Attorney, for a Change of Zoning
from One Family Residence District (R-l) to Motel-Hotel District (M-H)
and a Use Permit to construct 75 condominium apartment units on certain
property located on the Northwest corner of Hilltop Road and Pacific
Avenue, running a distance of 412.41 feet along the West side of
Pacific Avenue, running a distance of 4ll.93 feet along the North
side of Hilltop Road, running a distance of 185.66 feet along the
Western property line and running a distance of 173.11 feet along the
Nor~hern property line. Said parcel contains 70,316 square feet.
(Prlncess Anne Country Club Area). Virginia Beach Borough.
II
ITEM #6100
APpl1cat1on'of No-rmen L. 8iqqs for a Use Permit to operate a temporary pa~king
lot on certain property located on thi'TU't side of Pacific Avenue, running a dis-
tance of 279.90 feet between 14th Str.eet and 15t~ Street, running a distance. of
150 feet along the North side of 14th Street, running a distance of 219.90 feet
along the Eastern property line and running a distance of 150 feet along the South
side of 15th Street. Said parcel contains 0.97 Icre more 0,. less. VIRGINIA BEACH
BOROUGH.
Planning COImisston Recommendations:
.
A rootion was passed by the Planning Corm11sston for approval of this request sub-
._, ject to the following:
1. TenlPO"V1 parking shill be .11owet1, for' . pet'1od of OM year.
2. Standard site plan requirements. {Engineering)
3. Access po1nts to the ~rcial parking lot shall be I"eStricted to 14th St.
and 19th St. 1ft order not to dtsrupt traffic flow Oft Pacific Avenue. (Engineering
__~..1.ltnn1...) , _..._ ._ - ------
Mr. Norman L. Biggs appeared on behalf of his own application
On motion by Councilman Callis, seconded by Councilman Rhodes, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
'"",'0':
City Council approved the above application of Norman L. Biggs for a Use
Permit to operate a temporary parking lot on certain property located-oll
the East side of Pacific Avenue, running a distance of 279.90 feet between
14th Street and 15th Street, running a distance of ISO feet along the
North side of 14th Street, running a distance of 279.90 feet along the
Eastern property line and running a distance of 150 feet along the South
side of 15th Street. Said parcel contains 0.97 acres more or less.
Virginia Beach Borough; Approval is subject to the following stipulations:
1. Temporary parking shall be allowed for a period of one year.
2. Standard site plan requirements. (Engineering)
3. Access points to the commercial parking lot shall be restricted
to 14th Street and 15th Street in order not to disrupt traffic
flow on Pacific Avenue. (Engineering and Planning)
II1I
ITEM #6101
Application of Albic, Inc. _ for a ~ Permi~ for construction of parking garaqe
on certain property beq1nning at a point SO feet \I.'ost of Pacific Avenue. ",nn1ng
a distance of 50 feet alonq the ~~rth side of 35th Street, runn1nq a distance of
140 feet along the Western Droperty line. running a distance of 50 feet along
the Northern property line and running a distance of 140 feet alonq the Eastern
property line.' Said parcel is kn~.m as lot 2, Block 83, Map of linkhorn Park,
Property of Virginia Beach Development Co. as recorded tn r~ap Book 5, Page 15l.
Use Permit previously issued to encomp~ss lots 3, 4, and 5 to be used tn connec-
tion with the Sheraton Beach Hotel under construction on ^tlantic Avenue ben~en
35th and 35th Streets. VIRGINIA BEACH BOROUGH.
II"""'"
Planning Corrm1ss1on Rccorrrnendat1ons:
A motion was passed by the Planning Commission fer approval of this request subject
to the fol~owin9: standard site plan requirements to include lR fe~t of ~avement
il~ld CG-2 curbing along aHoy. ~:inety degree parking off clle.y not permitted.
(EWJi neer1 ng) .
Mr. A. J. Timms appeared on behalf of the application.
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 Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr. .
Nays: None
Absent: None
City Council approved the above application of Albic, Incorporated,
for a Use Permit for construction of parking garage on certain property
beginning at a point 50 feet West of Pacific Avenue, running a distance
of 50 feet along the North side of 35th Street, running a distance of
140 feet along the Western property line, running a distance of 50 feet
along the Northern property line and running a distance of 140 feet
along the Eastern property line. Said parcel is known as Lot 2, Block
83, Map of Linkhorn Park, Property of Virginia Beach D~velopm~nt
Company as recorded in Map Book 5, Page 151. Us~ Permlt p:-evlo'!sly
issued to encompass Lots 3, 4, and 5 to be used ln connectlon wlth the
Sheraton Beach Hotel under construction on Atlantic Avenue between 35th
and 36th Streets. Virgiftia Beahh Borough; Approval is subject to the
following stipulations:
1. Standard site plan requirements to include 18 feet of pavement
and CG-2 curbing along alley.
2. Ninety degree parking off alley not permitted. (Engineering).
,,.....,
ITEM #6102
Applica~fon 0' Vfrqfnia ~cach rnv~$tmnnt Company by Th(~JS C. Broylcs. ^ttorn~v
'or a CllalJ.[f! of. Zon;inq from rtultiph~ F.amfly Residence District (R-r'f) to Gene~~l'
CommerClal District 2 (C-G 2) on c0rtain ~roperty located on the West side of
Coll~ge .r.P~rk Boulevard acl"OSS from .Auburn Drive f be'}1nning at 8 point 132#i feet
South Oi' Providence Road running I! distance of F36.46 feet along the Hest side of
College Park Boulevard, running a distance of 1051.47 feet along the ;;ortnern
property line. runn1nq a distance of 356.99 feet a10nq the Western property 11no
of which 90.59 feet is the East side of Nain Street, runninq a distance of 1349.27
feet along the Southern property line. Said parcel contains 12.54 acres.
(Dorchester V111age Area). KE~PSVIllE BOROUGH.
Planni~g Sommission RecomM~ndat1on5:
A motion by th~ P1ann1~? Ca::~:i5sion \'fas pas~ed for denial of this requast as thc
proposed chang~ of zonhlg vlo1atcs the developers original master plan and adequate
commercial zoning ex1st~ in the area.
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The. following persons appeared in opposition:
Mr. Larry E. Arnette; Dorchester Village Civic League
Mrs. Cecily Macdonald, President of Kempsville Borough Association
Mr. Charles Burke, Framingham Village, requesting deferral
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, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
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Nays: None
Absent: None
City Council denied the above application of Virginia Beach Investment
Company by Thomas C. Broyles, Attorney, for a chanfe of Zoning from
Multiple Family Residence District (R-M) to Genera Commercial District
2 (C-G 2) on certain property located on the West side of College Park
Boulevard across from Auburn Drive, beginning at a point 1326 feet South
of Providence Road running a distance of 636.46 feet along the West side
of College Park Boulevard, running a distance of 1051.47 feet along the
Northern property line, running a distance of 356.99 feet along the
Western property line, of which 90.59 feet is the East side of Main
Street, running a distance of 1349.27 feet along the Southern property
line. Said parcel contains 12.54 acres~ (Dorchester Village Area).
Kempsville Borough. The application was denied as the proposed change
of zoning violates the developers original master plan and adequate
commercial zoning exists in the area.
ITEM #6103
Application of Charlie Eo Gray, Jr.. for I Change of ZOi'lin~ from l';gr1cultural
"... District (A-R) to limited COOJnercial District 2 feZ :.:} on certain property beginn-
ing at I point 1990 feet more or less South of North Muddy Creek Road, running a
distance of 200 feet along the West side of Princess Anne Road, running a distance
of 185 feet along the Southern property line, running a distance of 200 feet along
the Western property line and running a distance of 185 feet along the Northern
property line. Said parcel contains 0.85 acre more or less. PUNGO BOROUGH.
Planntng Comnlissfon Recommendations:
A motion by the Planning Commission was passed for approval of this proposed change
of zoning subject to the following:
1. Dedication of right of way 45 feet from the centerline of the existing
50-foot right of w~ along the 200-foot more or less frontage on Princess Anne Road.
(20-foot dedication). (Real Estate)
2. Standard site plan requirements. (Engineering). The motion for approval
excluded right of way improvements along Princess Anne Road.
3. Building must conform to building code in relation to commercial structures.
(Zoning Enforcement).
.. 4. Net approved for septic tank. (Health)
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Mr. Charles E. Gray, Jr. appeared on his own application
On motiQn by Councilman Waterfield, seconded by Councilman Malbon, and
by recorded vote as follows:
'_0
Ayes: Councilmen Mayor Robert B. Cromwell, Jr., George R. Ferrell,
Charles W. Gardner, D. Murray Malbon, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F.
Reid Ervin, Charles W. Gardner, Clarence A. Holland, J. Curtis Payne
Absent: None
City Council denied the above application of Charlie E. Gray, Jr.
for a Change of Zoning from Agricultural District (A-R) to Limited
Co~mercial District 2 (C-L 2) on certain property beginning at a
P01~t 1990 feet more or less South of North Muddy Creek Road, running
a dlstance of 200 feet along the West side of Princess Anne Road
run~ing a distance of 185 feet along the Southern property line, 'running
a dlstance of 200 feet along the Western property line and running a
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ITEM #6104
Application of William A. Brown for a Use Pe~t to construct 368 apartment
units on eert&1n property located on t~de of South 81rdneck Road across
from Dwls Creek Road. running a distance of 615.12 feet along the West side of
South Btrdfteclt Road, nmning a distance of 2306.63 feet along the Northern pro-
perty l1ne,. nmn1ng a distance 0' 1761 feet more or less along the Western pro-
perty lint and running a distance 0' 1179.60 feet along the Southern property
Hne. Said parcel contains 30.601 acres. (Seatack Area). lYNNHAVEN BOROUGH.
Planning ~ss10n Recommendattons:
A motion by the Planning Commission was passed for approval of this request sub-
ject to the following: .
1. fbdified the requested 368 apartment units to 270 apartment untts.
? . The 1 ease for the proposed apartment uni ts be so structured so as to ma Ice
the occupants aware that these apartments are located in noise Zone 3.
3. Standard site plan requirements to include the following:
a. Pavement widening, curb and gutter.,sidewalk and storm drains as
necessary along South B1rdneck Road.
b. ^ 50-foot right of way dedication along the northern property ltne and
construction of standard 30-foot road sectton; thts shall align with OWl's Creek Rd.
c. A dedication of 150 feet tn width along the western property line for
easement for future canal.
d. A 50-foot right of way dedication and construction of a standard 30-foot
roar is required in the north-south direction traversing the site; thts will even-
tually tie to Saint Avenue and Bells Road (an aertal photograph is included in the
'11e). (Engfneer1ng)
4. 8Id1cat1on of 45 feet from the centerline of the extst1ng 60-foot right of
wa, along the 615.12-foot more or less frontage on South Birdneck Road (15-foot
dedication). (Real Estate)
5. City water and sewer. (Health)
6. RecOlTll1end bul1der provide recreation as shown plus some tot lot areas.
(Pam and Recreatton).
7. Suggest participation in school site acquisit!on.
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Mr. Patrick L. Standing appeared on behalf of the applicant.
Mr. Sam Houston, Council of Civic Organizations, appeared concerned
with noise zone three.
Vice Mayor Ervin made a motion, seconded by Councilman Baum, to deny
the above application as the apartments would be in Noise Zone three,
thereby causing a safety hazzard for residents.. . ..< < r',
Councilman Rhodes made a substitute motion, seconded by Councilman
Malbon, to defer the application one week in order to discuss the
application in the informal session with the City Attorney.
Vice Mayor Ervin then withdrew his motion for denial.
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: No:Jne
Absent: None
City Council deferred for one week the above application of William A.
Brown for a Use Permit to construct 368 apartment units on certain
property located on the West side of South Birdneck Road across from
Owls Creek Road, running a distance of 615.12 feet along the West side
of South Birdneck Road, running a distance of 2306.63 feet along the
Northern property line, running a distance of 1761 feet along the
Western property line, and running a distance of l179.60 feet along
the Southern property line. Said parcel contains 30.681 acres.
(Seatack Area). Lynnhaven Borough.
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r.7.~~ ITEM #6105
/"Applfeation of C~rnell Engineering, Inc.. by John D. Ranery 'or a ChaMe of Z1n~ng
f.. ltlDtted COftmepc1al Ohtrlct 2 (C..a. 2) to ~1ult1ple Family Residence nlitr c
(R-M) and II Use Permit to construct !O townhouses on certain property beginning at
a p01Rt 212 feet more 01' less North of Virginia Beach Boulevard and running a dis-
tance of 452 feet more or less along the East side of Hutton lane. running II distance
of 181.62 feet along the Northam property 11ne, running a dhtanC8 of 383.93 feet
along the Eastem property 11ne, running a distance of 249.61 feet along the
Southern property 11ne. Said parcel contains 2.318 acres. (Oconee Park Area).
LYNNHAVEN BOROUGH.
Planning Commission Recommendations:
A motion by the Planning CoMmission WIS passed for approval of this request subject
to the 1'011 ow1 ng :
1. Modified the requested 30 townhouses to 21 tornhouses.
2. The lease for the proposed townhouse davelO1J1'OOnt shall be so structured so
as to make the occupants aware that 8 portion of this complex is located in Noise
Zone 3.
3. A minimum parking ratio of 1.5 shall be requtred. (Planning)
4. Standard site plan requtrements to include pavement ~den1ng. curb and
gutter, sidewalk and stom drains as necessary along Hutton Lane. (Engineering)
5. The existing ditch along the southern property line shall be piped and a
20-foot drainage easement shall be dedicated to the City. (Enotneer1nQ)
6. Dedication of right of w~ 25 feet fron the centerline of the existing
SO.foot right of val along the 452-foot more or. less frontage on Hutton lane'
(lO-foot ded1catton). (Real Estate)
7. City water and sewer. (Health)
8... ReC_ltE!hd ~re active space be .......ded. (Paries and Recreation)
9. Suggest part1c1patton 1ft school sfte acqufs1tton.
10. Southern boundary (about 50 feet tn width) is steep highly erodtble soils
adjacent to . tidal _rsh. 'This area should be protected to pNVent erosfon and
siltatton of the lIII"h. (Sol1 Conservation).
Mr. Robert E. Steinhilber appeared on behalf of the applicant.
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, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council deferred for one week the above application of Cornell
Engineering, Incorporated, by John D. Ranery for a Change of Zoning
from Limited Commercial District 2 (C-L 2) to Multiple Family Residence
District (R-M) and a Use Permit to construct 30 townhouses on certain
property beginning at a point 212 feet more or less North of Virginia
Beach Boulevard and running a distance of 452 feet more or less along
the East side of Hutton Lane, running a distance of 189.62 feet along
the Northern property line, running a distance of 383.93 feet along
the Eastern property line, running a distance of 249.61 feet along
the Southern property line. Said parcel contains 2.318 acres. (Oconee
Park Area). Lynnhaven Borough.
III1
ITEM #6106
Application of Trans-Pacific Corporation by Thomas C. Broyles, Attorney, for a
Use Permit to construct 56 apartment units on certain property beginning at
a point 800 feet more or less West of Holly Road, running a distance of 204 feet
along the South side of Pinewood Drive, running a distance of 330 feet along
the Western property line, running a distance of 180 feet more or less along
the Southern property line and running a distance of 260 feet more or less
along the Eastern property line. Said parcel is known as Site 4, Linkhorn
"_ Park. VIRGINIA BEACH BOROUGH.
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'The Planning Commission recommends denial of this request due to the opposi-
tion of the residents in the area and the increased traffic volume generated
by this request would add to the safety hazards presently evident in this
vicinity.
On motion by Councilman Gardner, seconded by Councilman Malbon, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
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By direction of the Circuit Court of the City of Virginia Beach, dated
May IS, 1973, on the application of Trans-Pacific Corporation, the
City Council approved the above application of Trans-Pacific Corporation
by Thomas C. Broyles, Attorney, for a Use Permit to construct 56 apartment
units on certain property beginning at a point 800 feet more or less West
of Holly Road, running a distance of 204 feet along the South side of
Pinewood Drive, running a distance of 330 feet along the Western property
line, running a distance of 180 feet more or less along the Southern
property line and running a distance of 260 feet more or less along the
Eastern property line. Said parcel is known as Site 4, Linkhorn Park.
Virginia Beach Borough; Approval is subject to the following stipulations:
1. Six inch water main in Pinewood Road. Shallow gravity sewer
at Pinewood Road and 32nd Street. Pumping required as there is
a limited capacity. (Public Utilities).
2. Standard site plan requirements to include pavement widening,
curb and gutter, sidewalks and necessary storm drainage along
Pinewood Road. (Engineering) .
3. City water and sewer. (Health)
4. Approval is open space is provided as shown. (Parks & Recreation]
5. Approval to the conditions and requirements as shown on the
approved site plan and utility plan in accordance with Court Order.
Ill"'<
6. Site plan calls for bulkheading and filling of a tidal marsh
area, and 20-feet of a tidal drainage way in certain areas. This
will further restrict the natural tidal drainage way which has alread)'
been partially filled from the other side. (Soil Conservation)
7. Participation in school site acquisition. (School Board)
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FOR COUNCIL ACTION BY DIRECTION OF CIRCUIT COURT:
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. 14. .
Application of Trans-Pacific Corporation by Thomas C. Broyles, Attorney, for a
Use Permit to. construct 56 apartment units on certain property beginning at
apoint 800 feet more or less \-lest of Holly Road, running a distance of 204 feet
along the South side of Pinewood Drive, running a distance of 330 feet along
the ~!estern property line, running a distance of 180 feet more or less along
the Southern property line"and running a distance of 260 feet more or less
along the Eastern property line. Said parcel is known as Site 4"Linkhorn
Park. VIRGINIA BEACH BOROUGH. .
. ~he Planning Commission recommends denial of this request due to the opposi-
tion of the residents in the area and the increased traffic volume generated
by this request would add to the safety hazards presently evident in this
vicinity. .
CITY DEPARTI-1ENT REVIEW
J"'''
Planning Dept.: Applicant requests a use permit. for 56 apartment units in a
high-rise 8 story building on 77,000 square feet, or slightly less than two acres,
to produce a density of 33 units per acre. The parcel is located on the south
side of Pinewood Road, "lest of Holly Road in the Linkhorn Park area. ihe parcel
is composed of almost an acre or marshland that will require considerable fill
and extensive bulkheading. Present buildable area of the lot is 0.95 acres with
a density of 59 units per acre. The Beach Borough Development Plan recommends
1? to 36 dwelling units per acre. .
Public Util.: GII water main in PinevlOod Road. ShalloH gravity sewer at Pinewood
Road and 32nd Street. Pu~ping required. limited capacity.
Enar. Div.: Standard site plan requirements to include pavenlent widening, curb
an gutter and sidC\'Jalks and necessary storm drainage along Pine\'lOod Road.
Hea 1 th Dept.: City \'later and se\'/er.
parks and Rec.: Recornmend approval if open space is provided as sho\'m._
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III1
VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH
;: ON THE 15TH DAY OF MAY, 1973
TRANS-PACIFIC CORPORATION and
BAILEY PARKER CONSTRUCTION CORPO~\TION,
Complainants,
v.
CHANCERY NO. 16675
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;; CITY OF VIRGINIA BEACH and
CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
Defendants.
DEe R E E
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THIS CAUSE came on to be heard upon the papers formerly
read; upon the testimony of witnesses for the Co~plainan~ and
the Defendants, together with exhibits introduced therewith;
upon the memoranda of law filed by counsel for both parties;
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and was argued by counsel.
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UPON CONSIDERATION WHEREOF, it appearing to the Court
that the Defendant's Motion to Dismiss on the gr~und that the
application was not properly filed, since it was not in the name
of the owner, but rather in the name of a contract purchascr
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I, is ,."ithout merit, the same is hereby denied, to which action of
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the Court the Defendants duly objected and excepted.
It further appearing to the Court that the property
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'1hich is the subject of this litigation' has at all pertinent
time~ been zoned for multiple family housing; that the Com-
plahant's application for a use permit was duly filed in
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accordance with said zoning; and that, for the r~asons more
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specifically stated in this Court's opinion rendered on April
24, 1973, the City Council of the City of Virginia Beach acted
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arbitrarily in denying the Complainant's application for a use
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pcrmit on July 17, 1972; it is accordingly ADJUDGED, ORDERED
and DECREED thai the Dcfendant, thc City of Virginia Beach
acting through thc City Council of said City, do forthwith lssue
to the Complainant Bailey Parker Construction Corporation a use
pcrmit, applicable to the property which is the subject of this
litigation, for thc construction of an apartment complcx con~
taining fifty-six (56) units, all in accorJance with the
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'c. IT, SPAIN AND LVLf
. ..~ (. I~~~ 'is AT LAW
~.~~ '>lA. BfACH BLVO.
o "O~ 2141
A, ,ACH, VA, 2H52
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III1
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application which was denied on July 17, 1972, subject, however,
to the conditions and requirements hereinbefore imposed by the
Defendants, as shown on the approved site plan and utility plan
filed as an exhibit in this case.
The Defendants, by counsel, duly objected and excepted to
the Court's ruling as hereinabove .set out.
(1.7et~ w.4~ 7i: p.d.
/' P'-4-- 1 /1.1 I -/G73
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JUDGE /
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REQUES~
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By
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JUN 5 1973
CITY PII~ '!;J;r,:1\ r ,,1 T"l;.')l
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~IRGINIA GEACH
"11
ITEM #6107
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.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
IIJI~""
City Council approved on second reading the request of Mr. V. A.
Etheridge, City Treasurer, that he be authorized to charge-off
as uncollectible two checks that total $20.00. The individual
who drew these checks is now committed to a state hospital and
their collection is doubtful.
ITEM #6108
On motion by Councilman Malbon, seconded by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin,' George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved on second reading an appropriation of $22,500
to the Department of Community Services' Legal and Expert Services
.~ Account to fund a proposed hydraulic study of Long Creek and Lynnhaven
waters.
ITEM #6109
On motion by Councilman Holland, 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, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: Councilman George R. Ferrell
Abstain: Councilman Charles W. Gardner
Absent: None
City Council approved on second reading a grant of $8,000 to the
Virginia Beach Civic Ballet.
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III1
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ITEM #6110
On motion by Councilman Rhodes, 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, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
..." Absent: None
City Council approved on second reading the proposed revenue sharing
schedule of appropriations with amendments as noted in the original
motion of July 2, 1973, in the amount of $2,009,000 (Two million and
nine thousand dollars) for the first six months of 1973 and funds for
the fiscal year 1974 in the amount of $4,024,000. (Four million and
twenty-four thousand dollars) .
ITEM #6111
On motion by Councilman Waterfield, seconded by Councilman Gardner, and
by recorded vote as follows:
Ayes: Co~ci1men John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
It;,>',.,
City Council approved the following Ordinance to amend and reordain
Section 17-22.1 (1) of the Code of the City of Virginia Beach:
I'"
ITEM #61l2
II 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, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
,.....' ,
City Council approved the following tax refunds in the amount of
$1,146.52:
TO: Hr. Dale Birnson cay Attorney
FROH: ttr. V. A. etheridge, Treasurer
DAte June 27, 1973
-=:a.n:CT: Application for Tax Rciullus:
1146.52
/.
I
-=::;: t certified for payment, 8S set
==~.. '! .f~l!~':.'i~; ~?plic::tic~::: f~r r~fu~d of
.. .........-
'-L6^ _J
tc::~ling ~
Tax Type
Name Year of Ta;
!"
\oJ c: -L Arthur A. &
'lC1rence D. 1969 RE
Ll: :a:s, Everett L. 1970 RE
19ri RE
Ma " william R. &.
Cece1ia B.'
RC:I . I Wm. hT. - 'I
Go lld~'an. Clyde C.
Co 'iMgton. Leonard I
1972 RE
1973 r RE
19731 PP
1973 PP
: 973 rpp
. >.U ,"v.
J1;'x(ln~r-1 .
tion
No.
Date
Paid
I I
.
. .
.
. .
. ..
. .
, . -
vc llpol1c;ttfnn:,; fnt" ..!,J/
48630 1/2 1645 6/10/69
48630 2/2 1645 12/5/69
29480 1/2 1204 6/10/70
29480 2/2 1204 6/10/70
30065 1/2 1203 6/10/71
30065 2/2 1203 6/10/11
31193 1/2 1205 5/23/72
I 31193 2/2 1205 5/23/72
I 33842 1/2 1480 5/29/73
15958L~ J 930116/8/73.
28327 8963 5/31/73
116045 I 934116/8!73
A. Etheridge, Trc3sur~I'
l
(
, I ' !
_')"_"'... i I,., ",,,,,,",_1
',------ I
alty est: I
~- ~ ..
...---...,.-
Base
75.03
75.03
64.58
64.58
64.58
64.58
67.72
67.72
118.36 .
'315. 00 J' ,
r~ : ~~ I I
75.03
75.03
6l~. 53
64.51'3
64.51'3
64.5:3
67.72
67.i12
I
i 18.3 I)
,315.00
. 258.13 0
11 L Pi,
rc(und.of t~~~~ ~nnrnv~J
::' -- ---l!~'(hf'j. ~ i" .
1 C ;fd,J;/~i'J&.~ , .H____
;t\e BiY';so " City .\tl!l'-fll'Y
111II""1
Ahn\r~ L!t-a.~~.!,~(\!,!:~ tot:'.lir:r..,_lt_t/-~_,,___~-=_ :".
AI'I'!"'.' (o( },." City .:o:mci1 ~L1 C:f, /1173 ..
(/ -;r . ,n ( I'} (, ;1.;---";-'---- --- --,
____ J!.~3:-!..~!~_.i_:.' \; ~:~.:!.:/i!--: _____
Rjehnnl J. ~1'f,II~IIl, City ell',L '
--"---" -- .., """:11<:0<.,. ..___...__ _
IIII
ITEM #6113
On motion by Councilman Rhodes, seconded by Councilman Malbon, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
._.1
City Council authorized the City Manager to enter into a standard
water and sewer agreement with the Thalia Wayside Corporation, Kempsville
Borough.
ITEM #6114
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, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council authorized the City Manager to enter into a standard
water and sewer agreement with Womble and Liebold Building, Incorporated
for Brigadoon Subdivision, Kempsville Borough.
j'~
ITEM #61l5
On motion by Councilman Waterfield, seconded by Councilman Rhodes, and
by Lecorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the following applications for Bingo Games and/or
Raffles:
a) B.P.O.E. No. 2268
b) Kempsville Pony and Colt Baseball League
'If""-
,I I II
ITEM #6116
On motion by Councilman Waterfield, seconded by Councilman Baum, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved a memorandum of agreement between the City of
Virginia Beach and VPI to conduct a citywide soil survey. The total
cost of the survey is estimated, over a four year period, to be
$250,000, of that amount 33% would be the responsibility of the City
at the rate of $20,000 per year for a total of $80,000 in cash and
$4,400 in office space and telephones.
ITEM #6117
Vice Mayor Ervi~ requested the City Manager to look into the report
of David Normans on the Beach Patrol, and see if the report can be
updated. Mr. Ervin further requested City Attorney to review the
Ordinance from the standpoint of vagueness and for fairness as far
as other potential operators are concerned.
ITEM #6118
Vice Mayor Ervin request the City Manager to check into the signs
and the chain fence that are closing off Ocean Lane behind the
Mariner Motel.
ITEM #6119
~.'
On motion by Councilman Callis, seconded by Councilman Waterfield, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council noted its intention to hold a closed meeting on Monday,
July 16, 1973 for the purpose of discussing items permitted for dis-
cussion under Section 2.1-344, Sub-paragraph 1 and 6 of the Freedom
of Information Act of the Commonwealth of Virginia.
ITEM #6120
!~
by Councilman Holland, and
adjourned.
Cler
Robert B. Cromwell, Jr., Mayor
City of Virginia Beach,
Virginia
July 9, 1973