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HomeMy WebLinkAboutDECEMBER 20, 1976 CITY OF VIRGINII BEACE MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456 MAYOR CLARENCE A. HOLLAND, M.D., B.@id@ B@,@.gh HENRY McCOY, J,.. D.D.S., VICE MAYOR PATRICK L. STANDING, A, L.,g@ MEYERA E. OBERNDORF, A, L.,g@ JOHN A. BAUM, 13 .... gb J. CURTIS PAYNE, P,i.c@@, A,@@ B.,..gh ROBERT B. CROMWELL, I,. A, L.,g@ ROGER L. RIGGS, Vigi@i. B@.cb B.,.@gb GEORGE R. FERRELL, A, L.,g@ FLOYD E. WATERFIELD, J,., P.@g@ B.,@.gb JOHN R. GRIFFIN, Ly.@b..@. B.,..gb A G E N D A RFCHARD 1. WEBBON, Cily Cl@,k The City Council of the City of Virginia Beach, Virginia, will assemble in the Administration Building, Princess Anne Borough, Virginia Beach, Virginia, in Regular Session, at 1:00 p.m., on Monday, December 20, 1976, for the pur- pose of conducting public business and will hear and act upon the following items: 1. Call to order by the Honorable Clarence A. Holland, Mayor, in the Council Conference Room. 2. Roll Call of the Council. 3. Motion and Roll Call to recess into Informal Discussion and Executive Session. Upon conclusion of the Executive Session, City Council will reconvene in the City Council Chambers. 4. Invocation will be given at 2:00 p.m., by the Reverend Fletcher Hutcheson, Bayside Presbyterian Church, Virginia Beach, Virginia. Please remain standing for the Pledge of Allegiance. 5. Roll Call of the Council. 6. Minutes of the Regular Meeting of December 13, 1976, to be presented for approval and acceptance. 6a Mr. Tom Shumaker, Knights of Columbus, to appear before City Council to make a presentation. 7. No Items for Second Reading. 8. Letter from the City Manager transmitting the recommendation of the Planning Commission to permit withdrawal of the petition, as requested by applicant, of Bayshore Development Corporation for the following changes of zoning: a), From R-3 Residential District to B-2 Community-Business District on 43.S acres located on the north side of Princess Anne Road, east of Oceana Boulevard. b) From AG-1 Agricultural District to B-2 Community-Business District on approximately 2.4 acres located east of the intersection of Oceana Boulevard and London Bridge Road. c) From R-3 Residential District to R-S Residential District on 4.2 acres located on the east side of Oceana Boulevard, north of Princess Anne Road. --Ill@ @"' @@> Cidli@IIIILLilig recommendation of the Planning Commission for approval of the application of Moose Lodge #1998 .for a Conditional Use Permit for a lodge to be built on 4.1 acres located on Prosperity Road, east of General Booth Boulevard (KOA Gampgrounds Area, Princess Anne Borough). 10. Letter from the City Manager transmitting tile recommendation of tlle Planning Commission for approval of the application of The Norfolk District Board of Missions of St. Lukes United Methodist Church for a Conditional Use Permit for a church oii 5 acres of property located at the Northeast corner of liolland Road and Stoneshore Road. (The Lakes Area, Princess Anne Borough). 11. Letter from the City 14anager transmitting the recommendation of the Planniiig Commission for denial of the application of Wilfred A. and Elsie R. Sechrist for a change of zoning from R-S Residential District to A-1 Apartment District on 8.03 acres located at the outheast corner Wildwood Drive and Eastern Shore Road, forrnerly Old Cape Henry Road. (Lynnhaven Borough). 12. Letter from the City Manager transmitting the recommendation of the Planning Commission for denial of the application of Gibsoli Equipment Company, Inc., for a Conditional Use Permit for recreational facilities of an outdoor nature (water slide) oii approximately 4.5 acres located at southeast intersection of tile Virginia Beacli-Norfolk Expressway and Birdneck Road. (Lynnhaven Borough). 13. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Richard N. Gusler and Noel Gusler, Jr. for a Conditional Use Permit for recre- ational facilities of an outdoor nature (water slide) on 2.4 acres located at the southwest intersection of 30th Street extended and Holly Road (Lynnhaven Borough). 14. Letter from the City Manager transmitting the recommendation of the Planning Commission for Hudgins and Associates, Inc. for a Conditional Use Permit for a duplex to be located on the south side of 12th Street, east of Cypress Avenue (Lakewood Area, Virginia Beach Borough). 15. Letter from the City Manager recommending that City Council autliorize him to accept a grant award and establish the proper appropriations for implementation from the Division of Justice and Crime Prevention for the Training and Regional Juvenile Corrections Personnel. The award totals $11,110-00, including a local match of $555.00, which will be provided by the Southeastern Virginia Plannin,g Commission. The City will act only as a sponsor and is allotted $600 in the grant for administration. 16. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of an ordinance to amend and Teordain Article 2, Section 203, of the Comprehensive Zoning Ordinance pertain- ing to off-street parking requirements for handicapped persons. 17. Letter from the City Manager recommending that City Council approve the request of Mr. V. A. Etheridge, City Treasurer, for tax refunds in the amount of $613.61. 8. Letter from the City Manager recommending that City Council approve an ordinance closing, vacating and discontinuing Sand Trap Lane, Kempsville Borough, City of Virginia Beach, as requested by Thomas J. Harlan, Jr., et als. 9. Letter from the City Manager recommending that City Council approve the ordinance declaring a parcel of property on which an abandoned sewage sand filter treatment process was located excess and authorzied tlie City Manager to convey the 0.693 acre of land back to Mr. and Mrs. Jack H. I-larris, subject to the reservation of any utility and drainage ease- ments. 0. Old business, deferred from the previous meeting, including any report of the Mayor or committees namded by Council. 1. New business, including any preseniations by Council @lembers, citizens, and organizations. 2. Motion for adjournment. MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA December -00, 1976 The regular meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Clarence A. liolland, in the Conference Room, in the Administration Building, Princess Anne Borough, on Monday, December 20, 1976, at 1:00 p.m. Council Members present: John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Ilolland, J. @ienry McCoy, Jr., @.leyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing Council Members absent: *Floyd E. Waterfield, Jr. ITEM #10296 Mayor Holland entertained a motion to permit the Council to conduct an informal discussion to be followed by an Executive Session for the purpose of discussing legal matters; real estate acquisition; and appointments. On motion by Councilman Payne, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, @.layor Clarence A. Ilolland, J. lienry 'IcCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council voted to proceed into Executive Session following the informal discussion. *Councilman Waterfield entered meeting at 1:10 p.m. ITElq #10297 At 2:00 p.m., City Council reconvened in the Council Chambers with the following Members present: John A. Buam, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Ilayor Clarence A. Holland, J. Henry McCoy, Jr., @,,Ieyera E. Oberndorf, J. Curtis Payne, Ro-er L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. The invocation was given by the Reverend Fletcher liutcheson, Bayside Presbyterian Church, followed by the Pledge of Allegiance. ITEAI #10298 On motion by Councilman Ferrell, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, I-layor Clarence A. Holland, J. Henry McCoy, Jr., @,leyera E. Oberndorf, J. Curtis Payne, Roger L. Rig.-s, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the minutes of the regular meeting of December 13, 1976, and dispensed witli the reading of said minutes inasmuch as each Council Member had a copy. 1TEM #10299 Mr. Tom Shumaker, Kni-hts of Coluinbus, appeared before Council and presented a plaque to Council. ITEIA #10300 Petition ot ]3a),Sllore LieveioD,-,icn-, iorporazioi@ lo- a I-r,@.rcie ot Lo@iinc,. '-)istrict Classification "rori 0-3 Resiec@nlial Disti-ict to it@y-Fils=i@,,ss !Ts@t i @ o@c i,'Uain Drorci@ty loc:!'Uc.@d on t@)@ side C)f Princess i@ilne Po,id b--aiiin4nq at a l@DO -17@@t oi- le--)s East o@ Occai,.a rLItinii)g a (listarce o@ fe2t @ilctic, tlie s@c@c 01' Priliccss Po,id, i@uniiii,g @, di@t@llc,2 o@ 21@l,-.C)2 f--e'U- iii zi i,,,iiinin,,] a distarice. of 225 -Fe,2t r.,,@,e oi, le,;s i@l an Eiste@-ly C(:t4lon, i-uniiino a distance of 500 li@oi-e or less iii i a, dis- taiice o.@ 78-u f,-et c)r less @ii E, dii,ec,,'i',)il, a distaiice o@ 2338.110 @COt ill l SOLIth@i,lly dii,@cticn, ruii@iii,,.ci zi dist@);cL, of 370 fcc-'t. [;,Ol@e oi@ Ic-s) il" i So@ith.@,;o,@Lerly Einci i-uii@)ini a clis'@arce of 257.60 fe.--@t in a So@)-Uhcrly dit-octioi). Said parccl coii'uaiiis 43.5 aci-es. PRII@CESS Planning CoiiiTiission RecoT@,,mendation: A motion,was passed unanimously b@, the Plai)ning Coiiimission by a recoi@ded vote of 13 to allo@,i @-iithdi,a@,ial of this request. P,lr- Thomas C. Broyles, Jr., Attorney, appeared before Council requesting the above petition be withdrawn On motion by Councilman Payne, seconded by Councilman Croriwell, and by recorded vote as follows: Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Ilolland, J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing liays: None Abstain: Councilman Floyd E. Waterfield, Jr. Absent: None City Council voted to permit withdrawal of the above petition of Bayshore Development Corporation for a Change of Zoning District Classification from R-3 Residential District to B-2 Community- Business District on certain property located oil the North s4-de of Princess Anne Road beginning at a point 150 feet more or less East of Oceana Boulevard running a distance of 1042.99 feet along the North side of Princess Anne Road, running a distance of 2412.02 feet in a Northerly direction, running a distance of 225 feet more or less in an Easterly direction, runnin.- a distance of 590 feet more or less in a Northerly direction, running a distance of 780 feet more or less in a Northwesterly direction, running a distance of -9338.30 feet in a Southerly direction, running a distance of 370 feet more or less in a Southwesterly direction, running a distance of @-57.60 feet in a Southerly direction. Said parcel contains 13.5 acres. Princess Anne Borough. ITEM #10301 Petition of B,@ysliore Develoi),,,ieii'u Cot,t@oratioii for a Cliance of Zonina District Classification from AG-1 Agricultut-a@ District to B-2 Co,,i@iiiunitY-BLISireSS Disti,ict ori cei-tain property loca@led 1585 feet i!iore oi- less East of t!ie intorsection cl@ Oceen,7i Potjlc%,ard anc" t-onclon Poa,i, a dist,.nce of 70 feet P@ot-@ ot@ I-Iss E@l,)nq th-2 a dis- tatice of 70-D -eet r,@oi-e ot- less a-iori(i tiia 17&,sl,-@i-n pi-opei-t,,, Iii,.e, runniiici a distoi@ce of 4@-@ @@(,et T-.1o)-e o), less t@,@ t-;,)rt@i,2i-n r)i-oil@,2i,ty line, I-Liniiitig -i (listeiice o' 140 @ect Pic))-c., or less in a Soti'l.h2l,s' erl v dii-eclioii (inl rui@- ning a dist@,i-,ce of 530 @ec?'u i@io@-e c)r less alo@ig ti,,e !!es'Lern pi-(,Dei,t,,, lifle. Said pai,cc,.l contains 2.4 aci@es i'lloi-c, or lc-,ss. @'i'l@,ICESS BO,.@OLIGII. Planning Coji-,niission Recoiiiiiiendation: A motion vias passed unanimously by the Planiiing Commission by a recorded vote of 13 to allo,,q @,iithdra@,ial of this request. Mr. Thomas C. Broyles, Jr., Attorney, appeared before Council requesting the above petition be withdrawn On motion by Councilman Payne, seconded Councilman Cromwell, and by recorded vote as follows: Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. IIolland, J. lienry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Abstain: Councilman Floyd E. Waterfield, Jr. Absent: None City Council voted to permit withdrawal of the above petition of Bayshore Development Corporation for a Change of Zoning District Classification from AG-1 Agricultural District to B-2 Commun-ity- Business District on certain property located 1585 feet more or less East of the intersection of Oceana Boulevard and London Bridge Road, running a distance of 70 feet more or less along the Southern property line, running a distance of 705 feet more or less along the Eastern property line, running a distance of 465 feet more or less along the Northern property line, running a distance of 440 feet more or less in a Southeasterly direction and running a distance of 580 feet more or less along the Western property line. Said parcel contains 2.4 acres more or less. Princess Anne Borougil. ITEM #10302 Petition of Bayshore Developinent COI-Dorition for a Cli,;ii,,oe of Zoiiinc, District Classificatic,,ri from P-3 Residential bisti-ic-u to R-5-1@srci nt@iaf-Di r i c t o,-i- cer@iF P-rcT, @rty locatecj oii th@ East sicle o@ Oceati@i beciiiiiiinq it a poiiit 257.60 fee'u of Pi,iiic,,,ss I'llilic rtiiiniiin a clis@Laii@, cl@ 370 fc@ot in a I,!c)i,theasterl.,,, dii-eCtio;i, )@Liriiiiiia, z,, @,is'L-ance of 825.@10 fE,.Ot in a [@oi-th@,,c.,stei-ly dii-ect'loii, i,uniiiiia a distaiice of 264 @eet oi, less along the East sic!e o,' Occani Pc@ilevat,d, i,tin@iii-ici @, ciis"ailce ol@ 163.3@@@ feet iii E,.n E,istei@l dii,ec'lioii, i,@@niiiiin a (list@.i,lce c),@ @j@i-/.29 in Ei So@itlic-,i,ly dii,ec- tion and ruiiiiinq a dis-arce of 216 Ilect iii @ cc)uti,c-,@,stei,ly dircctioii. Said I)ai@cel coiitains 4.2 aci,cs. PI'ZL@ICESS Planiiing Cor,-,nission Recop,,,iiendatioii: A motion 1/2-ias passed uiianimously by the Planninq Cop.-nission by a recorded vote of 13 to allo@q @-iitlidra@@ial of tliis i-equest. Mr. Thomas C. Broyies, Jr., Attorney, appeared before Cotincil requesting a, withdrawal of the above petition. On motion by Councilman Payne, seconded by Councilman Cromwell, and by recorded vote as follows: Ayes: Council Mernbers John A. Baum, Robert B. Cromlvell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Abstain: Councilman Floyd E. Waterfield, Jr. Absent: None City Council voted to permit withdrawal of the above petition of Bayshore Development Corporation for a Change of Zoning District Classification from R-3 Residential District to R-5 Residential District on certain property located on the East side of Oc6ana Boulevard beginning at a point 257.60 feet North of Princess Anne Road, running a distance of 370 feet in a Northeasterly direction, running a distance of 825.30 feet in a Northwesterly direction, running a distance of 264 feet more or less along the East side of Oceana Boulevard, running a distance of 163.38 feet in an Easterly direction, running a distance of 317.29 feet in a South- erly direction and running a distance of 216 feet in a Southeast- erly direction. Said parcel contains 4.2 acres. Princess Anne Borough. ITEM #10303 Applicatioii of eloose Lodge @1998 for a Conditionil Use P(,rpiit fol, l lodqe foi, fratei@nal oi@gaiiizltioli on certaiii pro[)ci@'Ly a" a r)oiiit 1000 feet moi,e or less aloiig Prosp(,rity Roid E-ast of Gciiei-al Booth Bo,,ilev?,rd, and ruiiiiiiig iii a dii,ec',-ioii a dist@,i-,ce of 1727 feet il@oi,e or less, be- giiinitig on tiie Eist side oT- Pi-osf)-,i-ity @loid, r@)I)Iling a dist@,ice c@,@ ?-C-,O f(-,e'L- aloiig tlie !,-Iestei-ii pl-ot)c@l-ty Iii-ic of @iiiicli 200 is tli(-' E,@st s@CIC. of Pi@osl)Lri ty Road , r@iiii) i t)cj a di s'Liiico c)f 7@, 2 f eet cil o@,,g t ii c) ii e-@- ii litic, rlitinitig a dis',-zitice of 230 fe@@t Eilciiq tlic, 1.as@uci-ii line @.Ild rLill1litig a d4lstitice o-t- @',-ct a I O;ig t!ie SC, LC4(.!ICI-II I-)rC,D2l'tV Ii'c S,,ici PZII^C"I contaiiis 4.1 ecres. (KOA Ca@i,)grouii,ls P@'J@@CESS P)Oi@OUGII. Planiiitig Coniiissioii Recoi-@iTl,,nd@,tioll: A motion %.,,as passed tinanii,,ously b@' tilp- Plai,liiing CoT,,.nissioii by a recol-ded vo'Lle of 11 to approve tliis request. For tlie iiifol-itiation of tlie applicant, prior to the issuance of a building per- mit, the follo@..,ing will be required by the aciiiiinistrcitive staff: 1. Standard site itnpi-ovements as required by tile Site Plan Oi-dit)ance. 2. City %.,,ater. Since tliere is no City se@,iei'age service in tliis area, septic tank approval by the flealth DeDartnietit @@iill be required. The a'c)plicant is advised tliat approval is su@iect to cor,'Pliance @,tith critel-ia for septic tank iiistallatioii in poorly draltied soils. 3. Aii adequ@itely sized storm drainage easement is required along the nort.h- south ditch tliroug@i the site. on motion i)y uouncliman Payne, seconcied by Councilman 13aum, and by recorded vote as follows: Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. Waterfield, Jr. Nays: None Absent: None City Council adopted the following resolution upon application of Moose Lodge #1998 for a Conditional Use Permit for a lod-.e for fraternal organization: RESOLUTION UPON APPLICATION OF klOOSE LODGE R01276091 @-1998 FOR A CONDITIONAL USE PERMIT FOR A LOI)GE FOR FRATERNAL ORGANIZATION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Application of Moose Lodge #1998 for a Conditional Use Permit for a lodge for fraternal organization on certain property beginning at a point 1000 feet more or less along Prosperity Road East of General Booth Boulevard, and running in a Northerly direction a distance of 1727 feet more or less, beginning on the East side of Prosperity Road, running a distance of 280 feet along the Western property line of which 200 feet is the East side of Prosperity Road, runn- ing a distance of 742 feet along the Northern property line, runn- ing a distance of 280 feet along the Eastern property line and running a distance of 745 feet along the Soutliern property line. Soid narcel contains 4.1 acres. (KOA Campgrounds Area). Princess For the information of the applicant, prior to the issuance of a building permit, the following will be required by the administrative staff: 1. Standard site improvements as required by the Site Plan Ordinance 2. City water. Since there is no City sewerage service in this area, septic tank approval by the Health Department will be required. The applicant is advised that approval is subject to compliance with criteria for septic tank installation in poorly drained soils. 3. An adequately sized storm drainage easement is required along the north-south ditch through tile site. This resolution shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on this 20th day of December, 1976 ITEM #10304 Applicatioii of t,@orfolk Dis-Li,ict Ficai-d of t@lissio;is foi- St. Lu@,es Uilited l@',c,tliodist Cliui-cli fol, 1 Coil,ii-,'.ion,@l U,,@ Pei-T@ii-@ foi@ i cii,,ii-cii oil cert@iin prol)-,i,ty located @it -@lia @,@ot-@l-i@@.ast co@-iici, of i@oll@,,.nd @'load ei,ld Ston-2s[iore Roid, rLitIllilIg @l Oistaiice of 34D.7@ fe(,t iloti(I the sicio of P,o@l(l, i'titillilig a oF 615 aloiig tfi@ EEist,)@ii Iii,e, of elciicl tile @'Lillilill(I a clistE,,iic(, of 60zi.7@-) @il(2 E@,@st siec-) ol@ lic)ll@iid I)oz,,,(I. @liid pf@i,col cont@iiiis 5 z@ct-cs. (Tlie Laics PRI@:11@ESS Plaiiiiiiig Coriiiiissioii PecoDiiiicii(iation: A motioii k,.!,is passcd una;iin,,o,,@@ly 1)@, tiic,. Plaiitiing Coiiimission b.v a i,ecorded vote of 11 to ippi-ove this rc-quest. For tlie inforiiiation of tlie @ipl)licint, prioi- to the issuance of a building pei-- mit, tlie follo,,.iiiig i,iill be requii,ed by tfie adiiiiiiisti@ativ-. staff: 1. Standard site inprovements as i-equit,ed by tlie Site Plan Ordinance. 2. City atid se@@:er. 3. At least one. (1) parkiiig space per five (5) seats or bench seating spaces in tlie niain auditoriuiii shill be requii,ed. Mr. Marshall Balianan represented the applicant On motion by Councilman Payne, seconded by Councilman Cromwell and by recorded vote as follows: Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. Waterfield, Jr. Nays: None Absent: None City Council adopted the following resolution upon application of Norfolk District Board of Missions for St. Lukes United Methodist Church for a Conditional Use Perr@iit for a church: RESOLUTION UPON APPLICATION OF NORFOLK DISTRICT R01276092 BOARD OF MISSIONS FOR ST. LUKES UNITED METHODIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Application of Norfolk District Board of Missions for St. Lukes United Methodist Church for a Conditional Use Permit for a church on certain property located at the Northeast corner of Holland Road and Stoneshore Road, running a distance of 348.77 feet along the North side of Stoner4@dge Road, running a distance of 615 feet along the Eastern property line, running a distance of 340.20 feet along the Northern property line and running a distance of 604.76 feet along the East side of Holland Road. Said parcel contains 5 acres. Princess Anne Borough. For the information of the applicant, prior to the issuance of a building permit, the following will be required by the administrative staff: 1. Standard site imurovements as required by the Site Plan Ordinance. 2. City water and sewer. 3. At least one (1) parking space per five (5) seats or bench seating spaces in the main auditorium shall be required. This resolution shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on this 20th day of December, 1976. ITEM "-10305 Petitioti of l@llilfi@ed A. and Elsie R. Sechi,-Ist foi, a C@,,!n(!e of 7qiiinn D-@Istrict Cl,issific@@L-ion R-5 Dis4l-i@ic@ to t@-I OT) cei,taiii crtv it tlie COI'l@(2i- C)f and Ezistei-n Slic,,)-o Flo,-id C,'!)L -,istE',IICP- of 469.54 fcct alcii(,, L@1 s4 d@ )f of 918.49 fec@t alori@@ @Llic dis'L@i,.ce ol@ 32-1.51 fc,et a'lc)i-ig t@ie SoL)@il@)@n li!IC'. @ll@ dit:inc,,c, c,'@ 913.47 feet alotici ti@r-, E@,st sic@-- of Eis'L2i,i,i q-,@loi-e @@@aici 8.0@) Z',cres. Pl,iiiniiici Con'liiission flecor,@;@endation: A iiiotion @-;,is pissod by ,,lie Plpnr,.")O Cor,@)issiotl [,,y a record,@,d ,ote of 12 foi, tlie iliotion atid I aaainst @lo dciiy this 1-c,.quest as it 1/2-ias felt '@iie pi-oposed zoning is speculative at tliis time. Mr. Donald H. Rhodes, Attorney, represented the petitioners The following appeared in opposition: Mr. H. G. Kolb, Jr. Mr. Cliford Lee Mr. Drinkwater on motion by Councilman Griffin, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Alayor Clarence A. Holland, J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to deny the above petition of Wilfred A. and Elsie R. Sechrist for a Change of Zoning District Classification from R-5 Residential District to A-1 Apartment District on certain property located at the Southeast corner of Wildrood Drive and Eastern Shore Road (formerly Old Cape lienry Road), running a dis- tance of 469.54 feet along the South side of Wildwood Drive, runn- ing a distance of 918.49 feet along the Eastern property line, runn- ing a distance of 324.51 feet along the Southern property line and running a distance of 913.47 feet along the East side of Eastern Shore Drive. Said parcel contains 8.03 acres. Lynnhaven Borough. Petition was denied as it was felt the proposed zoning is spec- ulative at this time, and due to the opposition of the residents in the area. ITEM #10306 Appl ication of Gi bs on Ec,,t@ipii,ent Co Inc. , for a Coiicliti - Use Pet-i,,it for D@,op- i-eci@c,itioiial facili,,-ics of an ou-udoor nit@ii,c (@liat,- ert@, located @t the interS-@ctioll o@ t@l@e Exi)t,css@..ray o.)),,i i)O,@d,, a o-f 7@10 fc.2'L o!, less oiiq I tiic,. sid() c,,,'- dis- tai)ce of 420 f-2ct r,@-,)i@e oi- lc!ss @ilot@ci tl@o F,@s' ' litic, i-uiiiii .ilq 11 di.,;t,iiicc, of 62tl fei"t P'lol,c, or less ai0lig ti',C-@ ci a distziii(:e of 1010 li@cil--' ()!' lc-,ss @ll i,Lit,,ni@ia ci Cl']S- taiice of 170 r!@re ci, 1,.,ss iii clii-,-,ciioii aii@@ a dis-@aiice of 110 'le C)a icet l@ioi@e 01 less alc,!@ci tiio ras-L sici@@ ef [Iii -@, c l@ P, colitailis fi.5 acres viore oi, lc@ss. Platiniti(i Coni?],issioii PocoT,,,-i,@nd@,tion: A niotion i-jas pissed uiiariiniously I)y tfle Planiiino, Cop,,.nissic)n by a re-orded vote of 13 tc) deny tliis i,equest as t@ie I)roposccl site is not a suitable location for a facility of tliis nat@ire. On motion by Councilman Griffin, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Dleyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to defer for 60 days the above application of Gibson Equipment Company, Incorporated, for a Conditional Use Permit for recreational facilities of an outdoor nature (water slide) on certain property located at the Southeast intersection of the Virginia Beach-Norfolk Expressway and Birdneck Road, running a distance of 730 feet more or less along the South side of Virginia Beach-Norfolk Expressway, running a distance of 420 feet more or less along the Eastern property line, running a distance of 620 feet more or less along the Southern property line, running a distance of 180 feet more or less in a Northerly direction, running a distance of 170 feet more or less in a Westerly direction and running a distance of 110 feet more or less along the East side of Birdneck Road. Said parcel contains 4.5 acres more or less. Lynnhaven Borough. ITEM #10307 Applicaticii of Ricliai@d I,,'. GLISI21@ ana' @@oel GLISIc-@r, Ji@. , fo@' a Col',(Iitlonzil @ise L -@ -- -@F-T- - Perniit for i-eci@eatic"lal Iacilities o' an c,,ti@dool, nittll,e Si e jiT -E pi@O:@n-i,ty 1, 11 1-1-rc Ex-. @it ti,,,- of 30 tondee@ Y@ollY c pl,op2l-ty I il@,2 (-@'O'Lli o@ So@itli.2zist@-),Iy eiii-ect-icii i-@iiiiiinq a, cl 1 si,;,@ c) f f c e t tie @@iest sicie of Iloll@, @oad. S@ii(i pil-c(-@l is si),Iii),-, @iid cc)ii',iii)s 2.@l A niotioii %.,es 1)asse-d [)Y tile @llii-illirig Cor@@,-,;Ssio,@i [)y i i@ccc)i-ded %,ote of 9 foi@ tlie i,.iotion aiici 2 Eigziir,.s-@ to ip;@)-ove tliis r(_-C,@icst. For tlie it'1--ot-rnation of the applicant, pi,ioi, to the i,.suince of a buildiiig pci,- mit, tlie follo%-iing @!ill he i,equii,ed by tlic, cidiniiiisti-ative staff: 1. St@ii)dard site iiiiui,overieiits Z',s required by tlie Site Plan Ot-clin,@nce. 2. City %.iatei- and s--,.-:er. 3. Riglit-of-%,iciy ininrovei@@-Iiits ir@cludinq 20 "Oet of ast)l)alt t)aven,,(-'nt, curb Ind guttei@, storri di'ainaqe is necessally and s@dc-,-ia-iks ire to be installcd along the fi-oiitaqe of tliis site along S'@reet. .4. Drain,,ge easci@.;entsI@,iill be requii@ed @l@e @-otltil%lcst t)',)tlnd@iry line (25 feet from tlie centerliiie ol@ ti@e ditcli) aiid aloiiq tlie nort@)i.,est boundai@y line (75 feet fro:,,i the cLi)terlii)e of the ciit@.h). 5. Tlie i)ecessai-y foi, ti)e Ltlti,'@'.Llte (@O foot right-of-@,iay is to be pi,ovided alc)nci I!Ol@iy lloaci E,,nd this i,oi6@.@ay is to be fully iiiip@-oved along tlie site fi@ontage. 6. Tliei-e is to be r)o fillin(,,, d,ledqina, b@illheL@clinci c.,r eny otlic-i@ %,@aterfrc)llt con- Stl'LiCtion it tiiis site @-iit@iout fii,st o!)-Lair)iiig tlic., ilecessal'y pern,,its fi@o-iii all applicable govet-iiing aqeticies. Mr. Richard N. Gusler represented his application. On motion by Councilman Griffin, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Council Members John A. Baum, Robert B. Cro-,nwell, Jr., Geor-e R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to adopt the following resolution upon application of Richard N. Gusler and Noel Gusler, Jr., for a Conditional Use Permit for recreational facilities of an outdoor nature (water slide): RESOLUTION UPON APPLICATION OF RICHARD N. R01276093 GUSLER AND NOEL GUSLER, JR., FOR A CON- DITIONAL USE PERMIT FOR RECREATIONAL FACILITIES OF AN OUTDOOR NATURE (water slide) BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Application of Richard N. Gusler and Noel Gusler, Jr., for a Conditional Use Permit for recreational facilities of an outdoor nature (water slide) on certain property located at the Southwest intersection of 30th Street Extended and Holly Road, running a distance of 491 feet along the Northern property line (30th Street Extended), running a distance of 567.7 feet in a Southeasterly direction and running a distance of 484 feet along the West side of Holly Road. Said parcel is triangular in shape and contains 2.4 acres. Lynnhaven Borough. For the information of the applicant, prior to the issuance of a building permit, the following will be required by the administrative staff: 1. Standard site improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Right-of-way improvements including 20 feet of asphalt pavement, curb and gutter, storm drainage as necessary and sidewalks are to be installed along the frontage of this site along 30th Street. 4. Drainage easements will be required along the southwest boundary line (25 feet from the centerline of the ditch) and along the northwest boundary line (75 feet from the centerline of the ditch). 5. The necessary right-of-way for the ultimate 60 foot right-of-way is to be provided along Holly Road and this roadway is to be fully improved along the site frontage. 6. There is to be no filling, dredging, bulkheading or any other waterfront construction at this site with- out first obtaining the necessary permits from all applicable governing agencies. This resolution shall be effective from date of adoption. Adopted by the Council of the City of Vir.-inia Beach, Virginia, on the 20th day of December, 1976. ITEM #10308 Application of Hudairs it)d 1,ssociates, Itic., foi@ a Conditic)t@al [Jse Pel@init -1 2 L t-i ireet foi, a duple>@ on ce)-'@ain pi-oL)ei-ty locate,' on ti@e -SoLilEf@i beginiiir,q It a [,)oin-u 125 fc,.c,.@ t@.ast of Cyl)i-ess i,ut,,nii-io i dis'@,i,,cc,. of 50 fec2t @.,Iolia So@i-L@i sic!e of 12,ti@ i-!Iiniiiii(@ c@ d-,st@i@c(, ol- 99.79 foot alo@ig@ t!)E,, Iii,le, I'@)ll!lillq a dis'u,@@)ce oi@ @io @cct elo@ic t@ie SOL]thC'.1-11 PI'OPCi-'U-y ii;-id i-@iiiiiiiici l cf (11,1.79 I-ec,,t @,!cstoi,n propei-ty I iiie. A inotion %,,,as @,SSed [)Y tlie Co:i@,iission by a recorded %,C)t-2 of 13 to apl)i-ove tiiis Foi, the iiifori,ia-Gion of tiic ap:,)Iicaiit, Di-ioi, to the i,.suaiicc,. of a builditig i)ei,- mit, the follo@,.rinq @-iill be reclljired by the a(.1@,,iinis'ui-ative staff: 1. Standard site ini.-,rovenieiits as reqt4ii-ed by tii(,. Site Plan Ordinance. 2. City t-@ater @iiid se,,.iet@. On motion by Councilman Riggs, seconded by Vice @,layor Standing, and by recorded vote as follows: Ayes: Council @lembers John A. i3aum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Ilenry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. Waterfield, Jr. Nays: None Absent: None City Council adopted the following resolution upon application of Iludgins and Associates, Inc., for a Conditional Use Permit for a duplex: RESOLUTION UPON APPLICATIO@T OF liUDGINS AND R01276094 ASSOCIATES FOR A CONDITIONAL USE PERtlIT FOR A DUPLEX BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: Application of Hudgins and Associates, Inc., for a Conditional Use Permit for a duplex on certain property located on the South side of 12th Street beginning at a point 125 feet East of Cypress Avenue, running a distance of 50 feet along the South side of 12th Street, running a distance of 99.79 feet along the Eastern property line, running a distance of 50 feet along the Southern property line and running a distance of 99.79 feet along the Western property line. (Lakewood Area). Virginia Beach Borough. For the information of the applicant, prior to the issuance of a building permit, the following will be required by the administrative staff: 1. Standard site improvements as required by the Site Plan Ordinance. 2. City water and sewer ITEM #10309 On motion by Councilman McCoy, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Geor.-e R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. @Vaterfield, Jr. Nays: None Absent: None City Council voted to approve on first reading the following ordinance to accept a grant totalling $11,110 from the Division of Justice and Crime Prevention and to appropriate these funds: Estimated Revenue Local Total From Other Agencies Match Appropriation Regional Juvenile Corrections Personnel Training $10,555 $555 $11,110 Aii) ',-o 7 97 S 1 6, appro%,Ccl LI)e SUI)IIiis@;icii of aZIPI)Ii@c@[Liali to Ilic I)j,j 3LIstico, alicl ci:iiiie llrcvcllt-io]l fol: r(@j,,illilzll J,,V,,I,],,. Corrc@ctiojis 1) ci:soiill(@l aiid lqlll:,[,LAS, Llic' (,f Jli!;Lj,cc ;iiic'i Crillic! tlie applicati,oli. (@011,N,CTI, OF ]']]E Clly oy VIRCINIIA Bl:,@Cii, \111"Cl@IIA: Tti,,it a E,,rLiiit frc,:@) tlie DiviFic,ii ,f JLtc;tice zinc] Cl-@1!10 PfC\ICI.IlLioii (DJCP) be acceptcd aiid 3pi)r I)ri.,t cl fo c) 'I c 1: 1:11" follol-,@ilig I)Ilrposo: lzcN,Clltlc Totzil clitcl]-c@s -,7 ic II JiiN,('ii i I e Corrc,ctions Traiiiiiig -,@5 5 -5 I 0 Tliat tlio. al@propi,i,"tiolis ,,ill 1)(, fii,alic-ecl by $10,5-@)5 C',.-,til@,ited revellue fron DJCP and $555 estimated i:evcilu(, from tllc@ S ut c,, te n Virgiiiia Planiiing District Coiimlisji0ii. First Readiiig: December 20, 1976 Second Reading: Adopted 1)3' tlic-. COI]IIcil Of tllc' City of ;',c,@ici on tlie da ITEM #10310 On motion by Councilman Waterfield, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. liolland, J. Ilenry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance to amend and reordain Article 2, Section 203, of the Comprehensive Zoning Ordinance pertainin.- to off-street parking requirements for handi- capped persons: AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, SECTION Z03, OF THE COMPRE- HENSIVE ZONING ORDINANCE PERTAINING TO OFF-STREET PARKING REQUIREMENTS FOR HANDICAPPED PERSONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIIGINIA BEACH, VIRGINIA: That Article 2, Section 203, of the C. Z. 0. is amended and reordained as follows: (d) Requirements for handicapped access. The following requirements shall be applicable for all public and non-residential buildings: (1) Off-street parking requirements for handicapped persons shall be in accordance with the following table: Required Number of Total Parking in Lot Accessible Spaces up to 25 1 26 to 50 2 51 to 75 3 76 to ioo 4 101 to 150 5 151 to ZOO 201 to 300 7 301 to 400 401 to 5 00 9 5 01 to 1, 000 2% of total over 1, 000 20 plus Ifor each 100 over 1, 000 A-@i-n-i@m-of (2) Parking spaces for di-@bled handicapped persons shall have a minimum dimension of twelve (12) by twenty (20) feet, and shall be clearly marked "Handicapped Parking Only- Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day of December 1976. APPRO"D AS TO Cqk@ft-14,; 0 @* SiGt4AM, DEPAkT(k)i,IT APPROVED AS TO i St@TURE CITY ATTORNEY I'I'EM #10311 COUNCILMAN WATERFIELD LEFT CHAMBERS on MotiOn by Councilm,, and by recorded vote as Ferrell, seco,d,d by n Iman Ayes: follows Cou ci Griffin, COuncilmen J,hn A. Baum Mayor Clarence A. 1. Georg, R. Ferrell, John R. Griffi E. Oberndorf, j. liolland, J. Henry curti8 Payne McCOY, Jr., L. Standing Roger L, Rigg Councilwoman Mlyer@ Nays: None S, and Vice Mayor Patrick Abstain: Councilman Robert B. Cr,mwell Ab@ent: , Jr. COuncilman Floyd E. Waterfield, Jr. City @?uncil approved the the amount of $613.oi: following tax refu,d, in & Assn. -76 Bcacli 7cj. L. 1975 6-10-.75 2 1975 @IE 4 3 32/2 12-.5-75 2 Bc,acii I,'cd. L. 1-971@ 2 7 (6-3@0-74 2.55 1974 L' 423-7 2/2 1 2 5 - 7z; 2. L. /,ssii. 1.9 73 P, 3 9931,, 6 --l- 0 - 7 1973 39934 2/2 1 2-- 5.- 73 2. & r . 9 7'5 I'll.' 0 6-1.0-75 1- ?l -1@ 111)75 !'1' 1.970 /@.'222 1-0. 19 1), /i 2 ?2./ ii.- 9 -- -/,G 1-0. elson & S C. 19 IIE 43931 1/2- 6-10-76 21.75 ,)!n F. StEer 19 CD 68833 7-7-76 7.50 Corp of Va. RI?@ 59980 6-10-7 400.0@ I D. L. PP 9105 33 10-29- 24.9C) n Larry IIP 100119 11-26- 5.4,0 G. L. 1 9 7 PP 101.844 11-21@- 6 85.7@i c 'c o v a L (i ITEM #10312 On motion by Councilman Ferrell, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council voted to approve the following ordinance closing, vacating and discontinuing Sand Trap Lane, Kempsville Borough, City of Virginia Beach, Virginia, with the stipulation that a 20-foot drainage easement along this portion of the street be dedicated to the City: OIDEWCE CU)SING, VACATING AND DISCONRINUIW. SAND nW IANE, KEMPM= BO CITY OF VIRGINIA BEACH, VIFCINIA proper notice that THCMAS J. HAKM, JR., J. HAKM, R. CAPLAN, M.D., THOTIAS A. @SI, M.D., SKANSI, NO@ P. WEISS, D.D.S., LIMA J. WEISS, ROBERT H. DeFUI;E), JR. and @ M. DEFORD, will make application to the City Council of the City of Virginia Beach, Virginia, to have the hereinafter described Sand Trap Lane closed, vacated and dis- oontin@ as a @lic street of the City of Virginia Beach, was duly posted; and , the land pyoprietors affected thereby have been duly notified; and , said application was niade to the City Planning Ccmdssion @ to the City Council of the City of Virginia Beach and pursuant to the statutes of such cases mde and provided, the Council appointed Vi@rs who have reported to the Council that no inconvenienoe to the @lic or to private irylividuals wmld result frcm such closing, vacating and disoc)nt-i-nuance; and WHEWM, the City Planning ssion after pmper notice and hearing, has reported thereon to the Council; and , it is the judgment of the Council that said Sand Trap Ta@ @uld be closed, vacated ar)d discontinued; Now, BE IT BY = COUNCIL OF TM CITY OF VIWINIA BEACH, VIM=: Secticn 1. nmt the said street located in the Kenpsville Borough of the City of VirgirLia Beach, Virginia, and hereinafter described, is hereby closed, vacated and discontinued as a public street of the City of Virginia Beach, Virginia, said street not being for public use and travel: URT certain road, known as Sand Trap Lane, as set out i-n red on the plat entitled "SUBDIVISION OF @PUR, SB=ON 10", duly reoorded in the Clerk's office of the Circuit Cc)urt of the City of Virginia Beach, Virginia, in bhp Book 84, at Page 29, and with reference to said plat being more particularly bounded and described as follows, to-wit: BEG at a point at the Northuest corner of Tot 178 as shown on the aforesaid plat of "SUBDIVISION OF UR, SECTION 10", Lot 178 and at the intersection of said Northern boundary line of the Easteni side of Sand @ap lane and frcrn said point of beginning runnLng thence South 380 41 Ma-nutes 10 Secc>nds East 577.50 feet to a point, being the Southeni rmst corner of @t 174 on the plat afore- said and from said point thence tuming and running South 400 44 Minutes 48 Seconds West 50.86 feet to a point, being the @stern line of said Sand Trap Lane and also being the Eastern line of that certai-n Virginia Electric and P@ Co@y's 66 foot right-of-way, as sh@ on the aforesaid plat and frcm said point thence turning and -9 along the Western line of Sand Trap Lane North 380 41 MLnutes 10 @nds to a point opposite the Northwestern corner of Iot 178; thence and running across Sand Trap Iane on a course North 510 18 Minutes 50 Seoorids East 50 feet to the point of beginning. cn 2, THAT this closure, vacation and abandonment of Sand Trap Lane is granted e%Tressly subject to any and all prior eas@ts, if any, previously held by the City of Virginia Beach, over, across or under said Sand Trap Iane, which @ts are @reby specifically retained by said City. It is further expressly m&rstood that the closure, vacation and abandorment of Sand Trap Lane, as hereby ordained, shall not, in any way, operate to close, vacate or abandcn any portion of any other dedicated City street intersect3-ng with said Sand Trap iam, Section 3. THAT thirty (30) days after this date, a cc)py of this Ordinance, certified by the Clerk, be spread upon the public records in the Clerk's Office of the Circuit Court of this City and indexed in like mamer as a deed to lands. Adapted by the City Council of the City of Virginia Beach, Virginia, on the 20th day of December , 1976. Approval is subject to the following stipulatiofi: 1. A 20-foot drainage easement alon.- this portion of the street be dedicated to the City. CERTIF,IED TO BE A TRUE EXCERPT OF THE MINUTES OF THE CITY COUNCIL OF THE CITY OF )IIOG@NIA BEA@H. VIRGINIA, APPROVED DECEMBER 20, 1976. RICHARD J. EBSON, CITY CLERK -2- IIIOY,,%S J. I JR. AN ORDINANCE DECLARING 0.693 ACRE OF LAND IN THE KEMPSVILLE BOROUGH AS DESCRIBED HEREINBELOW EXCESS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHERF-AS, Jack H. Harris, et ux, did dedicate to the City of Virginia Beach 0.693 acre of land shown as Parcel A, on that certain plat entitled "Plat Showing Property To Be Conveyed To Jack H. Harris et ux By The City of Virginia Beach, Va. Kempsville Borough, Virginia Beach, Virginia," dated June 13, 1975, revised December 8, 1976, Scale: 1" = 50', prepared by the Department of Public Utilities, Engineering Division Survey Section, City of Virginia Beach, Virginia, said plat being attached hereto as Exhibit "A" and, WHEREAS, the dedication of said parcel was for use as Pumping Station, and WHEREAS, it has been determined that the said parcel is no longer needed or required for the purpose for which it was dedicated, and in the opinion of the Council of the City of Virginia Beach, the said parcel is now excess of the needs of the City, and WHEREAS, it is now considered suitable to dispose of the said parcel and return the same to the dedicator. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF TRE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to convey the said 0.693 acre of land as described on the aforementioned plat as Parcel A to Jack H. Harris, et ux, reserving therein any and all easements pertaining thereto. This ordinance repeals any ordinance in conflict herewith. Arl emergency exists and this ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day of December , 19 76 . Approval subject to the following stipulation: 1. Reservation of any utility and drainage easements. AB:kg 12/15/76 KEMPSHIRE TOWNHOUSES INC KEMPSVILLE MANOI (MS 31, P 30) NG 10' UTILITY EASEMI 4T(REFER TO MAP BOOK 107 0. 31 IN THE CLERK'S OFFICE OF THE CITY OF ]A BEACH.) ... 178.95 S 75' 13'00" E 30'Utillty Eas KEMPSVILLE MANOR LOT 9 0 N.. CITY OF VIRG F.,.. (PRINCESS AN w WATER AND SANITATION AUTHORITY, ETAL) =0 0 "4 0 ,D KEMPSVILLE MANOR - LOT 10 0 C) CITY OF VIRGINIA BEACH SCHOOL BOARD z (DB,912,p. 32,) (aB.648,P227) (M.B.50,P.40) PLAT SHOWING /7 4 PROPERTY TO BE CONVEYED LrriES TO JACK H. HARRIS et ux BY THE 7K CITY OF VIRGINIA BEACH, VA. ED DIN WOttKS KEMPSVILLE BoRotiGH VIRGOM VIRGINIA DEPARTMENT OF PUBLIC UTIUTIES ENGINEERING DIV. SURVEY SECR. SCALE I 50' 6-13-75 rov.12-8-76 On motion by Councilman Riggs, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John R. Griffin, and Roger L. Riggs Nays: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Curtis Payne, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Abstain: Councilwoman Meyera E. Oberndorf Absent: None City Council voted to deny the following resolution proclaiming December 23, 1976, from Noon to 5:00 p.m., as a legal holiday for the personnel of the City of Virginia Beach, Virginia: Requested by: Councilman Roger L. Riggs A regular meeting of the Council of the City of Virginia Beach, Virginia was held in the Council Chambers of the Administration Building on the 20th day of December 1976. On motion by Councilmember and seconded by Councilmember the following resolution was adopted. R E S 0 L U T I 0 N WHEREAS, it being fitting and proper that the citizens and employees of the City of Virginia Beach, Virginia, observe with rev,rence and appreciation the Christmas Season as delineated by our beliefs; and WHEREAS, in the spirit of generosity, the various functions of our Federal and State governments are, by proclamations and resolutions, observing from Noon to 5 P.M. Thursday, December 23, 1976, as a supplement to the Christmas Holidays. NOW, THEREFORE, in conformity with Title 17-42 (8) of the Code of Virginia, and Section 2-1 of the Code of the City of Virginia Beach, Virginia, the City Clerk is directed to enter this Resolution in the minutes of this day's meeting proclaiming from Noon to 5 P.M. Thursday, December 23, 1976, as a legal holiday for the personnel of the City of Virginia Beach. ITEM #10313 COUNCILMAN WATERFIELD RETURNED TO CHAMBERS On motion by Councilman McCoy, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None In July 1957, Mr. and Mrs. Jack H. Harris dedicated to Princess Anne County a parcel of property on which an abandoned sewage sand filter treatment process was located. This facility was constructed in the '50's because septic tanks in the Kempsville Manor development were failing. In August 1970, a portion of this lot was deeded back to Mr. Harris; however, there was a need to continue ownership of property where a pump station was located by Hampton Roads Sanitation District Commission. This pumping station has now been abandoned and Mr. and Mrs. Harris have requested that the remainder of their property be returned; therefore, City Council voted to approve the following ordinance declaring 0.693 acre of land in the Kempsville Borough as described hereinbelow excess, subject to the reservation of any utility and drainage easements. ITEM #10315 Councilman lIcCoy stated there was an article in the paper regarding the City of Portsmouth's cut back in Capital Improvements except that that is of an emergency nature. After considerable discussion, this matter will be brought back up January 3, 1977 for discussion. ITEM #10316 Mayor Holland stated that he met with the legislators representin.- this City to discuss the legislative package. It was brought out in that meeting that our legislators do not wish to raise our bonding limits. ITEM #10317 On motion by Councilman Ferrell, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilrnen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to reappoint Mr. William H. Cleaves to the Virginia Beach Planning Commission, for a term of four years beginning January 1, 1977 and terminating December 31, 1980. ITEM #10318 On motion by Councilman Cromwell, seconded by Vice @,layor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Ifolland, J. Henry ?IcCoy, Jr., Councilwoman M@eyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to reappoint Doctor Roy Wood to the Virginia Beach School Board for a term of three years, beginning January 1, 1977 and terminating December 31, 1979. ITE@l #10319 On r-iotion by Councilman Ferrell, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. lienry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice @,layor Patrick L. Standing, Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to appoint Nlr. liomer Cunningham to the Virginia Beach School Board to replace @Ir. J. Taylor Johnson, who resigned, term beginning January 1, 1977, terminating December 31, 1979. This is a three year term. ITEM #10320 On motion by Councilman Waterfield, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman @leyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to reappoint Mr. Leland M. Wood to the Virginia Beach School Board for a term of three years, beginning January 1, 1977 and terminating December 31, 1979. ITEM #10321 On motion by Councilman McCoy, seconded by Councilwornan Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to reappoint @Irs. Reba Kelberg to the Virginia Beach School Board for a term of three years, beginning January 1, 1977 and terminating December 31, 1979. ITEM #10322 On motion by Councilman Waterfield, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, llayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to reappoint Councilman J. llenry McCoy, Jr., to the Tidewater Stadium Authority for a term of two years, beginning January 1, 1977 and terminating December 31, 1978; and Mr. Alex Gomez for a term of three years, beginning January 1, 1977 and terminating December 31, 1979. ITEM #10323 On motion by Councilman Ferrell, seconded by Vice flayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. lienry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to reappoint @Ir. Roy Creef to the Board of Plumbing Examiners for a term of two years, beginning January 1, 1977 and terminating December 31, 1973; and Mr. J. Cal,,,in Lilley for a term of two years beginning Janutx,y 1, 1977 and terminating December 31, 1978. ITEAI #10324 On motion by Councilman Riggs, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to reappoint Mr. Oscar Northen to the Building Board of Adjustments and Appeals for a term of one year, beginning January 1, 1977 and terminating December 31, 1977; and Mr. William Macdonald for a term of one year, beginning January 1, 1977 and terminating December 31, 1977. ITEM #10325 On motion by Councilman Ferrell, seconded by Councilman Baum, and by unanimous vote, City Council adjourned into Executive Session. ITEM #10326 At the call of Mayor Holland, City Council reconvened in formal session at 5:45 p.m., all Council Members were present. On motion by Vice Mayor Standing, seconded by Councilman Ferrell, and by unanimous vote, City Council adjourned at 5:55 p.m. Richard J.- -bbon, City Clerk Clarence A. Holland, Mayor City of Virginia Beach, Virginia December 20, 1976