HomeMy WebLinkAboutOCTOBER 17, 1977 sa`f-AN1A•$4e5
44
CITY OF VIRGINIA BEACH 0 " �
U 7
n,, „ ;�', , S MUNICIPAL•CE'NTER
'Vlc Lp di .raa estResott Cit - •-i; •• VIRGINIA BEACH, VIRGINIA 23456
qts e6
(4oUR 01'04*
MAYOR CLARENCE A. HOLLAND, M.D., Bayside Borough J. HENRY McCOY, Jr., D.D.S., Kempsvzlle Borough
VICE MAYOR PATRICK L. STANDING, At Large MEYERA E. OBERNDORF, At Large
JOHN A. BAUM, Blackwater Borough J. CURTIS PAYNE, Princess Anne Borough
ROBERT B. CROMWELL, Jr., At Large ROGER L. RIGGS, Virginia Beach Borough
GEORGE R. FERRELL, At Large FLOYD E. WATERFIELD, Jr., Pungo Borough
JOHN R. GRIFFIN, Lynnhaven Borough AGENDA RICHARD J. WEBBON, City Clerk
THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, WILL ASSEMBLE IN THE ADMINISTRATION
BUILDING, PRINCESS ANNE STATION, VIRGINIA BEACH, VIRGINIA, IN REGULAR SESSION, AT 1 :00 P.M. ,
ON MONDAY, OCTOBER 17, 1977, FOR THE PURPOSE 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 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 JOHN A. BROWN, BAPTIST EXECUTIVE
SECRETARY, VIRGINIA BEACH, VIRGINIA. PLEASE REMAIN STANDING FOR THE PLEDGE OF ALLEGIANCE.
5. ROLL CALL OF THE COUNCIL, PUBLIC HEARINGS AND CONSIDERATION OF PUBLIC BUSINESS.
6. MINUTES OF THE REGULAR MEETING OF OCTOBER 10, 1977 TO BE PRESENTED FOR APPROVAL AND
ACCEPTANCE.
7. CONSENT AGENDA:
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE
CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED. THERE WILL BE
NO SEPERATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL
BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
A. ) CITY COUNCIL IS REQUESTED TO APPROVE ON SECOND READING AN ORDINANCE TO APPROPRIATE
ADDITIONAL FUNDS, IN THE AMOUNT OF $13,587, TO ESTABLISH AN IN-HOUSE EXTERMINATION
OPERATION FOR THE FY ENDING JUNE 30, 1978.
B. ) CITY COUNCIL IS REQUESTED TO APPROVE ON SECOND READING AN ORDINANCE TO REDUCE
APPROPRIATIONS TO THE PENDLETON CHILD SERVICE CENTER
APPROVED REVISED TOTAL REDUCTION IN
BUDGET BUDGET APPROPRIATIONS
PENDLETON CHILD SERVICE
CENTER $448,816 $284,947 $163,869
C. ) LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE THE FOLLOWING
STANDARD WATER/SEWER AGREEMENTS:
WESLEYAN TOWNHOUSES
BAYSIDE BOROUGH WATER & SEWER
SHIPPS BAY SUBDIVISION
PUNGO BOROUGH WATER
8. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE TIDEWATER WESTMINISTER
HOMES, INC./FIRST COLONIAL VILLAGE, INC. FOR WITHDRAWAL OF THEIR APPLICATION FOR A
CONDITIONAL USE PERMIT FOR A 150-UNIT PRESBYTERIAN/EPISCOPAL RETIREMENT FACILITY.
IF CITY COUNCIL DENIES REQUEST FOR THE WITHDRAWAL, IT IS THE RECOMMENDATION OF THE PLANNING
COMMISSION FOR DENIAL OF THIS APPLICATION. CITY COUNCIL DEFERRED THIS APPLICATION FOR
60 DAYS ON AUGUST 15, 1977.
9. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION
FOR APPROVAL OF THE APPLICATION OF RUBY ANN DUNN FOR A CHANGE OF ZONING FROM AG-1
AGRICULTURAL DISTRICT TO B-1 BUSINESS-RESIDENTIAL DISTRICT ON A .365 ACRE PARCEL LOCATED
ON THE EAST SIDE OF NORTH LANDING ROAD, NORTH OF COURTHOUSE DRIVE (PRINCESS ANNE BOROUGH) .
10. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION
FOR APPROVAL OF THE APPLICATION OF H. THOMAS FENNEL, JR. , JOHN PAUL C. HANBURY, AND HOLT
W. BUTT, JR. , FOR A CHANGE OF ZONING FROM A-1 APARTMENT DISTRICT TO B-2 COMMUNITY-BUSINESS
DISTRICT ON A .5 ACRE PARCEL LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF
GENERAL BOOTH BOULEVARD AND PROSPERITY ROAD (PRINCESS ANNE BOROUGH).
11. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION
FOR DENIAL OF THE APPLICATION OF R AND R CORPORATION FOR A CHANGE OF ZONING FROM R-5
RESIDENTIAL DISTRICT TO B-2 COMMUNITY-BUSINESS DISTRICT ON A 28.57 ACRE PARCEL LOCATED
ON THE SOUTH SIDE OF PRINCESS ANNE ROAD, EAST OF PROVIDENCE ROAD (KEMPSVILLE BOROUGH) .
12. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE J. E. D. CORPORATION
FOR WITHDRAWAL OF THEIR APPLICATION FOR A CHANGE OF ZONING FROM R-6 RESIDENTIAL DISTRICT
TO H-1 HOTEL DISTRICT ON TWO PARCELS CONTAINING 1.9 ACRES. PARCEL 1 IS LOCATED AT THE
SOUTHWEST CORNER OF CLUB HOUSE ROAD AND DUPLIN STREET, AND PARCEL 2 IS LOCATED AT THE
SOUTHEAST CORNER OF CLUB HOUSE ROAD AND DUPLIN STREET (LYNNHAVEN BOROUGH) .
IF CITY COUNCIL DECIDES TO CONSIDER THIS APPLICATION, IT IS THE RECOMMENDATION OF
THE PLANNING COMMISSION THAT THE APPLICATION BE APPROVED.
13. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION
FOR APPROVAL OF THE APPLICATION OF TEMPLETON & ASSOCIATES FOR A CHANGE OF ZONING FROM
A-1 APARTMENT DISTRICT TO A-2 APARTMENT DISTRICT ON A 3.71 ACRE PARCEL AND A CHANGE OF
ZONING FROM A-1 APARTMENT DISTRICT TO B-2 COMMUNITY-BUSINESS DISTRICT ON A 1.01-ACRE
PARCEL. THESE TWO PARCELS ARE LOCATED ON THE EAST SIDE OF BAKER ROAD, SOUTH OF REGENT
LANE (BAYSIDE BOROUGH) .
14. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION
FOR DENIAL OF THE APPLICATION OF JAMES E. BAYLOR, FOR A CHANGE OF ZONING FROM R-9
RESIDENTIAL DISTRICT TO A-3 APARTMENT DISTRICT ON A .85 ACRE PARCEL LOCATED ON THE WEST
SIDE OF PLEASURE HOUSE ROAD, NORTH OF BRIGADOON DRIVE (BAYSIDE BOROUGH) .
15. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION
FOR APPROVAL OF THE APPLICATION OF MARCHUCK CORPORATION FOR A CONDITIONAL USE PERMIT FOR
MINI-WAREHOUSES ON A 5.39 ACRE PARCEL LOCATED ON THE WEST SIDE OF BAKER ROAD, NORTH OF
NORTHAMPTON BOULEVARD (BAYSIDE BOROUGH).
16. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION
FOR APPROVAL OF THE APPLICATION OF HUDGINS AND ASSOCIATES, INC. FOR A CONDITONAL USE
PERMIT FOR A DUPLEX TO BE LOCATED ON A 7,000 SQUARE FOOT PARCEL ON THE SOUTH SIDE OF
16TH STREET, EAST OF PARKS AVENUE (VIRGINIA BEACH BOROUGH).
17. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE OPEN DOOR CHAPEL
FOR WITHDRAWAL FOR THEIR APPLICATION FOR A CONDITIONAL USE PERMIT FOR A CHURCH OF A
2. 11-ACRE PARCEL LOCATED ON THE NORTH SIDE OF HOLLAND ROAD, EAST OF WINDSOR OAKS
BOULEVARD (KEMPSVILLE BOROUGH) .
IF COUNCIL DECIDES TO CONSIDER THIS APPLICATION, IT IS THE RECOMMENDATION OF THE PLANNING
COMMISSION THAT IT BE DENIED.
18. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION
FOR APPROVAL OF THE APPLICATION OF WILLIAM T. WINGFIELD FOR THE CLOSURE OF A PORTION OF
SHELL ROAD (BAYSIDE BOROUGH). CITY COUNCIL DEFERRED THIS APPLICATION ON SEPTEMBER 26, 1977.
19. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL DEFER FOR TWO WEEKS A PETITION
BY THE CITY FOR THE CLOSURE OF A PORTION OF GREAT NECK ROAD (LYNNHAVEN BOROUGH).
20. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE A SALES CONTRACT
WITH MR. F. WAYNE MCLESKY, JR. FOR THE AMOUNT OF $155,250 FOR PROPERTY OF APPROXIMATELY
1.9048 ACRES KNOWN AS PARCEL A ON RUDEE INLET, AND APPROVE AN ORDINANCE AUTHORIZING THE
CONVEYANCE OF SURPLUS PROPERTY KNOWN AS PARCEL A VIRGINIA CAPES MARINA; FURTHER, AUTHORIZE
THE CITY MANAGER TO SIGN THE NECESSARY AGREEMENTS AND MAKE THE NECESSARY TRANSFER OF THE
PROPERTY.
21. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER
TO AWARD A CONTRACT TO A. STANLEY MUNDAY & COMPANY, IN THE AMOUNT OF $634,163.40,
WHICH REFLECTS A DEDUCT CHANGE ORDER IN THE AMOUNT OF $45,220.60, FOR THE LASKIN ROAD
WATERLINE, SECTION III (LYNNHAVEN AND VIRGINIA BEACH BOROUGHS) . DEFERRED FOR ONE WEEK
ON OCTOBER 10, 1977.
22. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE AN ORDINANCE RELATING
TO THE POWERS AND DUTIES OF THE CITY MANAGER BY AUTHORIZING THE CITY MANAGER TO MAKE AND
EXECUTE CERTAIN CONTRACTS ON BEHALF OF THE CITY.
23. OLD BUSINESS, DEFERRED FROM THE PREVIOUS MEETING, INCLUDING ANY REPORT OF THE MAYOR OR
COMMITTIES NAMED BY COUNCIL.
24. NEW BUSINESS, INCLUDING ANY PRESENTATIONS BY COUNCIL MEMBERS, CITIZENS AND ORGANIZATIONS.
25. MOTION FOR ADJOURNMENT.
MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
October 17, 1977
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor Clarence A. Holland, in the
Conference Room, in the Administration Building, Princess Anne
Borough, on Monday, October 17, 1977, at 1 : 00 p .m.
Council Members present : 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, and Floyd E. Waterfield, Jr.
Council Member absent : John A. Baum
ITEM #11379
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 the following:
1 . Discussion or consideration of the condition,
acquisition or use of real property for public
purpose, or other disposition of publicly held
property.
2 . Investing of public funds where competition
or bargaining are involved where, if made public
initially, the financial interest of the governing
unit would be adversely affected.
3. Consultation with legal counsel and briefing
by staff members , consultants , or attorneys per-
taining to actual or potential litigation, or other
legal matters within the jurisdiction of the public
body .
On motion by Councilman Riggs , seconded by Councilman McCoy, and
by recorded vote as follows :
Ayes : Councilmen Robert B. Cromwell , Jr. , George R. Ferrell, John
R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr. , Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs , Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays : None
Absent : Councilman John A. Baum
City Council voted to proceed into the executive session following
the informal discussion.
ITEM #11380
TRAFFIC IMPROVEMENTS-TIDEWATER COMMUNITY COLLEGE AREA
The City Manager stated that the traffic engineer' s report stated
that the traffic volumedid satisfy the minimum vehicular requirement
warranted for a traffic signal . However, the number of traffic
accidents over the last 12 months did not satisfy the requirement .
It was suggested, however, that the speed limit be reduced from
55 miles per hour to 45 miles per hour, from Landstown Road to
Corner Road. This will be taken care of immediately.
10/17/77
-2-
ITEM #11331
SIMULATED DISASTER EXERCISE
The City Manager stated that the City is going to work with Lee
Eskey and test the City ' s prepardness in our emergency plans . The
last test similar to this was in 1969 .
The three ( 3) areas the Tornado would hit is the Thoroughgood area,
Plaza and the Virginia Beach Dome. There will be 54 casualties , who
will be transported to the nearest hospital . The hospitals will then
activate their emergency plans .
ITEM #11382
At 2 : 00 p .m. , City Council reconvened in the Council Chambers with
the following members present :
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, and Floyd E. Waterfield, Jr .
Council Member absent : John A. Baum
The invocation was given by the Reverend John A.Brown Baptist
Executive Secretary, followed by the Pledge of Allegiance.
ITEM #11383
Council deferred one week consideration of the minutes of the
regular meeting of October 10 , 1977.
ITEM #11384
On motion by Councilman Riggs , seconded by Vice Mayor Standing, and
by recorded vote as follows :
Ayes : Councilmen Robert B. Cromwell , Jr. , George R. Ferrell , John
R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy , Jr. , Council-
woman Meyera E. Oberndorf, J. Curtis Payne , Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays : None
Absent : Councilman John A. Baum
City Council voted to approve on second reading the following ordinance
to appropriate additional funds, in the amount of $13 , 587, to establish
an in-house extermination operation for the FY ending June 30 , 118 :17 /77
-3-
REQUESTED BY: CITY MANAGER
ORDINANCE TO APPROPRIATE ADDITIONAL FUNDS
TO ESTABLISH AN IN-HOUSE EXTERMINATION OPERATION
FOR THE FISCAL YEAR ENDING JUNE 30, 1978
WHEREAS, the Council of the City of Virginia Beach is desirous
of providing exterminating services for City properties, and,
WHEREAS, the most inexpensive method of providing said service
is establishing an in-house exterminating operation, and,
WHEREAS, that operation will require the following appropriations:
Building Maintenance Mechanic II (1) $ 7,060
Pick-up Truck (1) 4,305
Truck Maintenance Costs 527
Chemicals 375
Uniform Rentals 120
Other Equipment 1,200
TOTAL $ 13,587
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that funds totaling $13,587 be appropriated in fiscal
year 1978 from the General Fund Reserve for Contingencies for the
purpose of initiating an in-house exterminating operation. Balance in
the General Fund Reserve for Contingencies after adjustment is $184,446.
1st Reading October 10, 1977
2nd Reading October 17, 1977
ITEM #11385
On motion by Councilman Riggs, seconded by Vice Mayor Standing, and
by recorded vote as follows :
Ayes : Councilmen Robert B. Cromwell , Jr . , George R. Ferrell , John
R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy , Jr . , Council-
woman Meyera E. Oberndorf , J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays : None
Absent : Councilman John A. Baum
City Council voted to approve on second reading the following ordinance
to reduce appropriations to the Pendleton Child Service Center :
10/17 /77
-4-
AN ORDINANCE TO REDUCE APPROPRIATIONS
TO THE PENDLETON CHILD SERVICE CENTER
WHEREAS, the Virginia Beach City Council approved an appropriation of
$448,816, estimated revenue of $368,351, and a local match of $25,000, for the
Pendleton Child Service Center, in the Fiscal Year 1977-78 Operating Budget, and,
WHEREAS, Pendleton's estimated revenues from other agencies and from
fees have been reduced by $108,404, and,
WHEREAS, the State Department of Mental Health and Mental Retardation
has approved an award in the amount of $284,947.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the Pendleton Child Service Center appropriations be reduced by
$163,869, as follows:
Approved Revised Total Reduction In
Budget Budget Appropriations
Pendleton Child Service Center $ 448,816 $ 284,947 $ 163,869
That the estimated revenue from other agencies and from fees be reduced by
$108,404, and $55,465 remain in General Fund Balance.
First Reading: ()ntober 10 , 1977
Second Reading: October 17, 1977
Adopted by the Council of the City of Virginia Beach, Virginia on the
17th day of October , 1977.
GGD:JDB:er
10-12-77
10/17 /77
-5-
ITEM #11386
On motion by Councilman Riggs , seconded by Vice Mayor Standing, and
by recorded vote as follows :
Ayes : Councilmen Robert B. Cromwell , Jr . , George R. Ferrell , John
R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr . , Council-
woman Meyera E. Oberndorf , J. Curtis Payne , Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays : None
Absent : Councilman John A. Baum
City Council voted to approve the following Standard Water/Sewer
Agreements :
Wesleyan Townhouses Water/Sewer
Bayside Borough
Shipps Bay Subdivision Water
Pungo Borough
ITEM #11387
Application of Tidewater Westminster Homes , Inc./First Colonial Village,
Inc. , for a Conditional Use Permit for a 150-unit Presbyterian/Episcopal •
Retirement Facility on certain property located at the Northwest corner of
Great Neck Road and Laurel Cove Drive, running a distance of 750.80 feet
along the West side of Great Neck Road, running a distance of 425.49 feet
along the Northern property line, running a distance of 728.86 feet along
the Western property line and running a distance of 450 feet along the
North side of Laurel Cove Drive. Said parcel contains 7.63 acres. (Laurel
Cove-Woodhurst Areas). LYNNHAVEN BOROUGH.
Planning Commission Recommendation:
A motion was passed by the Planning Commission by a recorded vote of 8 for
the motion and 4 against to deny this request. It was felt that approval of
this request would be an intrusion of apartments into an already established
single family neighborhood. •
Mr . Grover C. Wright , Jr. , Attorney , appeared regarding this matter
On motion by Councilman Griffin, seconded by Councilman Riggs, and
by recorded vote as follows :
Ayes : Councilmen Robert B. Cromwell , Jr. , George R. Ferrell , John
R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr. , Council-
woman Meyera E. Oberndorf , J. Curtis Payne , Roger L. Riggs , Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays : None
Absent : Councilman John A. Baum
City Council voted to permit withdrawal of the above petition of
Tidewater Westminster Homes, Inc . /First Colonial Village , Inc . ,
for a Conditional Use Permit for a 150-unit Presbyterian/Episcopal
Retirement Facility on certain property located at the Northwest
corner of Great Neck Road and Laurel Cove Drive, running a distance
of 750. 80 feet along the West side of Great Neck Road, running a
distance of 425 . 49 feet along the Northern property line , running a
distance of 728. 86 feet along the Western property line and running
a distance of 450 feet along the North side of Laurel Cove Drive.
Said parcel contains 7. 63 acres . (Laurel Cove-Woodhurst Areas )
Lynnhaven Borough .
10 /17 /77
-o-
ITEM #11388
Petition of Ruby Ann Dunn for a Change of Zoning District Classification
from AG-1 Agricultural District to B-1 Business-Residential District on
certain property located on the East side of North Landing Road beginning
at a point 75 feet more or less North of Court House Drive, running a
distance of 65 feet along the East side of North Landing Road, running a
distance of 228. 2 feet along the Northern property line, running a distance
of 65. 5 feet along the Eastern property line and running a distance of
235. 53 feet along the Southern property line. Said parcel contains . 365
acre. PRINCESS ANNE BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 13 to approve this request.
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 improvements as required by the Site Plan Ordinance.
2. City water and sewer.
Mr. James Pickrell , Attorney , represented the petitioner
On motion by Councilman Payne , seconded by Councilman Ferrell , and by
recorded vote as follows :
Ayes : Councilmen Robert B. Cromwell , Jr . , George R. Ferrell , John
R. Griffin , Mayor Clarence A. Holland, J. Henry McCoy , Jr . , Council-
woman Meyera E . Oberndorf, J. Curtis Payne, Roger L. Riggs , Vice Mayor
Patrick L. Standing, and Floyd E . Waterfield, Jr.
Nays : None
Absent : Councilman John A. Baum
City Council voted to approve the following ordinance upon petition
of Ruby Ann Dunn for a Change of Zoning District Classification from
AG-1 Agricultural District to B-1 Business-Residential District :
ORDINANCE UPON PETITION OF RUBY ANN DUNN FOR A 201077285
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
AG-1 Agricultural District TO B-1 Business-
Residential District
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that :
Petition of Ruby Ann Dunn for a Change of Zoning District Classification
from AG--1 Agricultural District to B-1 Business-Residential District on
certain property located on the East side of North Landing Road beginning
at a point 75 feet more or less North of Court House Drive, running a
distance of 65 feet along the East side of North Landing Road, running
a distance of 228 . 2 feet along the Northern property line, running a
distance of 65. 5 feet along the Eastern property line and running a
distance of 235. 53 feet along the Southern property line . Said parcel
contains . 365 acre. Princess Anne Borough.
1 . Standard improvements as required by the Site Plan
Ordinance .
2 . City water and sewer.
This ordinance shall be effective upon date of adoption .
Adopted by the Council of the City of Virginia Beach, Virginia,
on the _ 17th day of October , 1977
10/17 /77
ITEM #11389
Petition of H. Thomas Fennel, Jr. , John Paul C. Hanbury and Holt W.
Butt, Jr. , for a Change of Zoning District Classification from A-1 .
•
Apartment District to B-2 Community-Business District on certain
• property located at the Northwest intersection of General Booth Boule-
vard and Prosperity Road beginning at a point 52 feet more or less
North of Prosperity Road, running a distance of 183. 61 feet along the
West side of General Booth Boulevard, running a distance of 58. 80
feet along the Northern property line, running a distance of 238. 61
feet along the Western property line, running a distance of 100. 90 feet
along the Southern property line and running a distance of 64 feet more
or less in a Northeasterly direction. Said parcel contains . 5 acre.
PRINCESS ANNE BOROUGH.
Planning Commission Recommendation:
•
A, motion was passed by the Planning Commission by a recorded vote of 11
for the motion and 2 abstentions to approve this request.
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 improvements:as required by the Site Plan Ordinance.
2. City water and sewer. City sewer is currently not available to the
site. The developer is to connect to the central sewer at Virginia Village.
Mr. John Paul Hanbury represented the petitioners
On motion by Councilman Payne, seconded by Mayor Holland, and by
recorded vote as follows :
Ayes : Councilmen Robert B. Cromwell, Jr. , George R. Ferrell, John
R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr. , Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays : None
Absent : Councilman John A. Baum
City Council voted to approve the following ordinance upon petition
of H. Thomas Fennel, Jr. , John Paul C. Banbury, and Holt W. Butt, Jr. ,
for a Change of Zoning District Classification from A-1 Apartment
District to B-2 Community-Business District :
ORDINANCE UPON PETITION OF H. THOMAS FENNEL, JR. , Z01077286 A
JOHN PAUL C. HANBURY, AND HOLT W. BUTT, JR. , FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
A-1 Apartment District TO B-2 Community-Business
District
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Petition of H. Thomas Fennel , Jr. , John Paul C. Hanbury, and Holt W.
Butt , Jr. , for a Change of Zoning District Classification from A-1
Apartment District to B-2 Community-Business District on certain pro-
perty located at the Northwest intersection of General Booth Boulevard
and Prosperity Road beginning at a point 52 feet more or less North of
Prosperity Road, running a distance of 183.61 feet along the West side
of General Booth Boulevard, running a distance of 58. 80 feet along the
Northern property line, running a distance of 238. 61 feet along the
Western property line, running a distance of 100. 90 feet along the
Southern property line and running a distance of 64 feet more or less
in a Northeasterly direction. Said parcel contains . 5 acres.
Princess Anne Borough.
1 . Standard improvements as required by the Site Plan
Ordinance .
2. City water and sewer. City sewer is currently not available
to the site. The developer is to connect to the central sewer
at Virginia Village.
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 17th day of October , 1977.
10/17/77
ITEM #11390
Petition of R and R Corporation for Change 'of Zoning District Classification
from R-5 Residential District to B-2 Community-Business District on certain
property located on the South side of Princess Anne Road beginning at a point
600 feet more or less East of Providence Road, running a distance of 1325. 46
feet along the South side of Princess Anne Road, running a distance of 200
feet more or less along the South side of Salem Road, running a distance of - - -
796. 80 feet along the Eastern property line, running a distance of 1214. 93
feet along the Southern property line and running a distance of 933. 20 feet
along the Western property line. Said parcel contains 28. 57 acres.
KEMPSVILLE BOROUGH.
Planning Commission Recommendation: 01,
•
A motion was passed by the Planning Commission by a recorded vote of 1.2 for
the motion and 1 against to deny this request. It was felt approval of this
request would encourage strip commercial development along Princess Anne
Road.
•
Mr. J. E . Newbern appeared regarding this matter.
On motion by Councilman McCoy , seconded by Councilman Ferrell , and by
recorded vote as follows :
Ayes : Councilmen Robert B. Cromwell , Jr. , George R. Ferrell , John
R. Griffin, Mayor Clarence A. Holland. J. Henry McCoy, Jr . , J. Curtis
Payne, Roger L. Riggs , Vice Mayor Patrick L. Standing, and Floyd E .
Waterfield, Jr .
Nays : Councilwoman Meyera E. Oberndorf
Absent : Councilman John A. Baum
City Council voted to deny the above petition of R and R Corporation
for a Change of Zoning District Classification from R-5 Residential
District to B-2 Community-Business District on certain property located
on the South side of Princess Anne Road beginning at a point 600 feet
more or less East of Providence Road, running a distance of 1325 . 46
feet along the South side of Princess Anne Road, running a distance of
200 feet more or less along the South side of Salem Road, running a
distance of 796 . 80 feet along the Eastern property line , running a
distance of 1214 . 93 feet along the Southern property line and running
a distance of 933. 20 feet along the Western property line . Said parcel
contains 28 . 57 acres. Kempsville Borough.
This was denied as it was felt approval of this request would encourage
strip commercial development along Princess Anne Road. 10/17 /77
III I
I TEM -4T1 391
Petition of J. E.D. Corporation for a Change of Zoning District Classification
from R-6 Residential District to H-1 Hotel District on certain parcels located
on the South side of Club House Road.
Parcel 1: Beginning at the Southwest corner of Club House Road and Duplin
Street, running a distance of 270 feet more or less along the South side of
Club House Road, running a distance of 185 feet along the Western property
line, running a distance of 263. 34 feet along the Southern property line and
running a. distance of 125 feet more or less along the West side of Duplin
Street.
Parcel 2: Beginning at the Southeast corner of Club House Road and Duplin
Street, running a distance of 470 feet more or less along the South side of
Club House Road, running a distance of 120 feet along the Eastern property
line, running a distance of 421. 18 feet along the Southern property line and
running a distance of 125 feet•more or less along the East side of Duplin
, Street. •
Said parcels contain 1. 9 acres. Plats with more detailed information are
available in the Department of Planning. (Princess Anne Plaza Area).
LYNNHAVEN BOROUGH.
Planning Commission Recommendation:
•
A motion was passed by the Planning Commission by a recorded vote of 8 for
the motion and 5 against to approve this request. .
For the information of the applicant, prier to the issuance of a building permit,
the following will be required by the administrative staff:
•
1. Standard improvements as required by the Site Plan Ordinance.
• 2. City water and sewer. Princess Anne Utilities currently provides •
sewer service to this area.
3. A planted buffer is to be provided along Club House Road and along
the•bcundaries adjacent to the residential areas.
• 4. The motel is to be limited to a one-story building.
5. There is to be no yearly rental of the motel units.
Mr . Grover C. Wright , Jr . , Attorney, represented the petitioner
On motion by Vice Mayor Standing, seconded by Councilman Riggs, and
by recorded vote as follows :
Ayes : Councilmen Robert B. Cromwell , Jr. , George R. Ferrell , John
R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr. , Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs , Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays : None
Absent : Councilman John A. Baum
City Council voted to permit withdrawal of the above
petitionJ.
Corporation for a Change of Zoning District ClassificationfromfR-6E'D.
Residential District to H-1 Hotel District on certain parcels located
on the South side of Club House Road:
Parcel 1 : Beginning at the Southwest corner of Club House Road and
Duplin Street , running a distance of 270 feet more or less
along the South side of Club House Road, running a distance
of 185 feet along the Western property line, running a dis-
tance of 263. 34 feet along the Southern property line and
running a distance of 125 feet more or less along the West
side of Duplin Street .
Parcel 2 : Beginning at the Southeast corner of Club House Road and
Duplin Street , running a distance of 470 feet more or less
along the South side of Club House Road, running a distance
10 /17 /77
-10-
of 120 feet along the Eastern property line, running
a distance of 421 . 18 feet along the Southern property
line and running a distance of 125 feet more or less
along the East side of Duplin Street .
Said parcels contain 1 . 9 acres . Plats with more detailed information
are available in the Department of Planning. (Princess Anne Plaza Area) .
Lynnhaven Borough.
ITEM #11392
Petition of Templeton & Associates for a Change of Zoning District Classi-
fication from A-1 Apartment District to A-2 Apartment District on certain
property located on the East side of Baker Road beginning at a point 326
feet South of Regent Lane, running a distance of 172. 74 feet along the East
side of Baker Road, running a distance of 573. 04 feet along the Southern
property line, running a distance of 300 feet along the Eastern property line,
running a distance of 420. 40 feet along the Northern property line, running
a distance of 187. 50 feet in a Southerly direction and running a distance of
207 feet in a Westerly direction. Said parcel contains 3. 71 acres. (Lake
Edward North Area). BAYSIDE BOROUGH.
Planning Commission Recommendation:
•
A motion was passed by the Planning Commission by a recorded vote of 9 for
the motion, 3 against and 1 abstention to approve this request.
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 improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. A revised site plan must be submitted to indicate a minimum
permanent recreation space of 27, 160 square feet.
Further, this ordinance shall be effective upon satisfactory compliance to the
conditions imposed in this motion, and it is understood and agreed to by the
,applicant that the official change on the zoning maps will not be made until
the following condition is satisfied:
A dedication of right-of-way 30 feet from the centerline of the
existing 30 foot right-of-way and a reservation of an additional
• 3 feet along the 172. 74 foot more or less frontage on Baker Road
(a 15-foot dedication and a 3-foot reservation). • _
•
•
•
• • . - . .)
• I
•
;:
10/17 /.77
Mr. Ronald Spitzli represented the petitioners -11-
On motion by Councilman Cromwell , seconded by Vice Mayor Standing,
and by recorded vote as follows :
Ayes : Councilmen Robert B. Cromwell , Jr . , George R. Ferrell , John
R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy , Jr. , Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs , Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays : None
Absent : Councilman John A . Baum
City Council voted to approve the following ordinance upon petition
of Templeton and Associates for a Change of Zoning District Classifi-
cation from A-1 Apartment District to A-2 Apartment District :
ORDINANCE UPON PETITION OF TEMPLETON & ASSOCIATES 201077287
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
A-1 Apartment District TO A-2 Apartment District
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that :
Petition of Templeton and Associates for a Change of Zoning District
Classification from A-1 Apartment District to A-2 Apartment District
on certain property located on the East side of Baker Road beginning
at a point 326 feet South of Regent Lane , running a distance of 172 . 74
feet along the East side of Baker Road, running a distance of 573 . 04
feet along the Southern property line , running a distance of 300 feet
along the Eastern property line , running a distance of 420. 40 feet
along the Northern property line, running a distance of 187. 50 feet
in a Southerly direction and running a distance of 207 feet in a
Westerly direction . Said parcel contains 3. 71 acres . (Lake Edward
North Area) . Bayside 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 improvements as required by the Site Plan
Ordinance .
2 . City water and sewer.
3. A revised site plan must be submitted to indicate a
minimum permanent recreation space of 27, 160 square feet .
Further, this ordinance shall be effective upon satisfactory compliance
to the conditions imposed in this motion, and it is understood and agreed
to by the applicant , that the official change on the zoning maps will not
be made until the following condition is satisfied:
1 . A dedication of right-of-way 30 feet from the centerline
of the existing 30 foot right-of-way and a reservation of
an additional 3 feet along the 172 . 24 foot more or less
frontage on Baker Road (a 15-foot dedication and a 3-foot
reservation) .
This ordinance shall be effective upon date of adoption. Adopted by the
City Council on the 17th of October, 1977. 10 /17 /77
-12-
ITEM #11393
Petition of Templeton & Associates for a Change of Zoning District Classi-
fication from A-1 Apartment District to B-2 Community-Business District
on certain property located on the East side of Baker Road beginning at a
point 100 feet South of Regent Lane: running a distance of 226 feet along the
East side of Baker Road, running a distance of 207 feet along the Southern
property line, running a distance of 187. 50 feet along the Eastern property
line and running a distance of 223. 89 feet along the Northern property line.
Said parcel contains 1. 01 acres. (Lake Edward North Area). BAYSIDE
BOROUGH.
•
Planning Commission Recommendation:
A motion was passed by the Planning Commission by a recorded vote of 9 for
•
the motion, 3 againsi: and 1 abstention to approve this request.
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 improvements as required by the Site Plan Ordinance.
2. City water and sewer.
• 3. A revised site plan must be submitted to indicate a minimum permanent
recreation space of 27,160 square feat.
Further, this ordinance shall be effective upon satisfactory ccmpliance to the
conditions imposed in this motion, and it is understood and agreed to by the
applicant that the official change on the zoning maps will not be made until
the following condition is satisfied:
A right-of-way dedication of ri ht-of-wa 30 feet from the 'centerline of the •
existing 30 foot right-of-way and a reservation of an additional
3 feet along the 226 foot more or less frontage on Baker Road
( a 15-foot dedication and a 3-foot reservation).
Mr. Ronald Spitzli represented the petitioners
On motion by Councilman Cromwell , seconded by Vice Mayor Standing,
and by recorded vote as follows :
Ayes : Councilmen Robert B. Cromwell , Jr . , George R. Ferrell , John
R. Griffin, Mayor Clarence A. Holland, J . Henry McCoy , Jr. , Council-
woman Meyera E . Oberndorf , J. Curtis Payne , Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays : None
Absent : Councilman John A. Baum
City Council voted to approve the following ordinance upon petition
of Templeton and Associates for a Change of Zoning District Classifi -
cation from A-1 Apartment District to A-2 Apartment District :
ORDINANCE UPON PETITION OF TEMPLETON AND ASSOCIATES Z01077288
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
A-1 Apartment District TO B-2 Community-Business
District
f
LL/ LI/ 0i
'LL6I `aago1-00 To Aup LI aqT uo
`eTuT2JTA `113Eag uTuT2JTA To 'TTD aqT jo ITounoO aqT Sg paTdopv
°uoT4dop1 To a4Ep uodn anTToajja ag Iluus aouEuTpao sTus
° (uoTTunJasaa
Tool--S ' puu uoT3.uoTpap Tool--gT E) pEoH aaNug uo afu4uoa;
ssal Jo aaouz Tool ggg auk 2uoiu Taal S I'uoTTTppE uu To
uoTTunJasaJ u puu Atm-To-4u2TJ Tool-0£ 2uT4sTxa auk To
auTTaa4uao au4 uzo.xj Taal 0£ Sum-To-4 TJ To uoT3.EoTpap v • T
:paTTsTlus sT uoTTTpuoo .uTmoTToJ aqT ITTun apuuz act
4ouQIITm sduu 2uTuoz aq4 uo a2uEuo TuToTTTo aqT TuuT TuEoTTddE aqT Sg oT
paaa.�y puy poo4saapun sT TT puE `uoTTow sTUT uT pasoduzT suoTTTpuoo auT oT
aouuTIdwoo SJo4ouIsTlus uodn anTToaTTa ag 'Tugs aouuuTpao sTUT `aagq.an3
° 4aaj
aaunbs 091 `Lg To aoEds uoT4uaaoaa TuauswJad wnuITuTuz
t a4uoTpu-i oT paaTTuzgns act 4snuz uuTd aTTs pasTnaJ v °£
.Jamas pu- JaT5m AlTD ° g
° aousuTpJO
uuId al-TS alp Act paaTnbaa sE s4uatuanoJdu -r prrpuu4S . T
: TTiTs anT4ca4sTuTwpt au4 Act paJTnbaJ act IITm fuTmoTIoi auT ` TTuzaad
3uTpTTng u To aouunssT aqT oT aoTad ` TuioTIddt aqT To uoTTEULaoTuT auk- ao3
°u.}noaog apTsAug ° (uaay gTJoN paumpH aNui)
sea Io • 1 suTu4uoo Ia3Jud pTus 'auT1 STaadoad uJagTaoN eqT f uo1E Taal
68 `Sgg To aouu sTp 2uTuunJ puu auT1 STaadoad uaaTsu3 auk 2uoTu Taal
0g 'L8I To aouu4sTp 2uTuuna 'Buil STaadoad uaau4nog aqT 2uoTu Taal LOg
To eou-eTszp .uTuuna 'p13og aGTeg To apzs q_sug aql 2ucyre 1aaJ ggg To
aouu4sTp u .uTuuna TuafaH To gTnoS Taal 00T TuTod t Tu 2uTuuT.ag
puoH JaNug To apzs Tsug auT uo pa4too1 STaadoad uTulaao uo ToTaTsTQ
ssauTsng-S4Tunuzuzo0 g-g oT ToTaTsTQ TuauzlJ dV I-y uzoaT uoTTuoTTTssuTD
ToTJTs a f uzuoz To a2uuu0 aoT saTuToossy puu uoTaTdwaJ To uoTTTTad
: 1-u114 `VINIJHIA
`HO�l3g VINIDHIA 30 ALID 3HZ 30 `IIONIIOD 3HJ Ag GHNIVGHO ,LI 38
ITEM #11394
Petition of James E. Baylor for a Change of Zoning District Classification
from R-9 Residential Townhouse District to A-3 Apartment District on
certain property located on the West side of Pleasure House Road beginning
at a point 100 feet North of Brigadoon Drive, runaing a distance of 100 feet
along the West side of Pleasure House Road, running a distance.of 445 feet
more or less along the Northern property line, running a distance of 40 feet
• along the Western property line and running a distance of 435. 61 feet along
the Southern property line. Said pLrcel contains . 85 acre. BAYSIDE BOROUGH.
Planning Commission Recommendation: '
A motion was passed unanimously by the Planning Commission by a recorded
vote of 13 to deny this request. It was felt that approval of an increase in
density to that requested would set a trend toward.congestion of this area.
Mr. James E. Baylor represented the petitioner
On motion by Councilman Cromwell , seconded by Councilman Waterfield
and by recorded vote as follows :
Ayes : Councilmen Robert B. Cromwell , Jr. , George R. Ferrell, John
R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr. , Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays : None
Absent : Councilman John A. Baum
City Council voted to refer back to the Planning Commission the above
petition of James E. Baylor for a Change of Zoning District Classifi-
cation from R-9 Residential Townhouse District to A-3 Apartment District
on certain property located on the West side of Pleasure House Road
beginning at a point 100 feet North of Brigadoon Drive, running a dis-
tance of 100 feet along the West side of Pleasure House Road, running
a distance of 445 feet more or less along the Northern property line,
running a distance of 40 feet along the Western property line and
running a distance of 435.61 feet along the Southern property line.
Said parcel contains . 85 acre. Bayside Borough .
ITEM #11395
Application of Marchuck Corporation for a Conditional Use Permit for mini-
warehouses on certain property located on the West side of Baker Road
beginning at a point 342. 40 feet North of Northampton Boulevard, running a
distance of 341. 09 feet along the West side of Baker Road, running a distance
of 652. 92 feet along the Northern property line, running a distance of 722. 29
feet along the Western property line, running a distance of 113. 37 feet along
the. North side of Northampton Boulevard, running a distance of 283 feet in a
Northerly direction and running a distance of 623. 65 feet in a Northeasterly
direction. Said parcel contains 5. 39 acres. BAYSIDE BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 13 to approve this request. •
For the information of the applicant, prior to the issuance of a building permit,
'the following will be required by the administrative staff:
• _ j
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. A dedication of right-of-way 30 feet from the centerline of the existing
variable right-of-way along the 341. 09 foot more or less frontage on Baker
Road (a variable dedication of right-of-way as shown on the alignment plans
on file in the City Engineering Division). t .
4. Median openings will not be allowed along Northampton Boulevard.
5. It will be the responsibility of the developer of this site to provide
hydraulic calculations for the drainage from this site and upgrade the •
downstream drainage system as necessary to handle the increased runoff.
.The existing dcwnstream drainage facilities are inadequate to handle the
expected runoff from this site. The ditch along the northern side of this
• property is to be piped with this development.
6. All lighting is to be directed to the interior of the site and is to be
shielded from adjacent pro ,erties. , n ,, - •,7
Mr. Harry Lester represented the applicant -14-
On motion by Councilman Cromwell , seconded by Councilman Ferrell ,
and by recorded vote as follows :
Ayes : Councilmen Robert B. Cromwell , Jr. , George R. Ferrell , John
R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr. , Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs , Vice
Mayor Patrick L. Standing, and Floyd E . Waterfield . Jr.
Nays : None
Absent : Councilman John A. Baum
City Council voted to adopt the following resolution upon application
of Marchuck Corporation for a Conditional Use Permit for mini-warehouse :
RESOLUTION UPON APPLICATION OF MARCHUCK CORPORATION RO1077143
FOR A CONDITIONAL USE PERMIT FOR mini-warehouses :
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that :
Application of Marchuck Corporation for a Conditional Use Permit for
mini-warehouses on certain property located on the West side of Baker
Road beginning at a point 342 . 40 feet North of Northampton Boulevard,
running a distance of 341 . 09 feet along the West side of Baker Road,
running a distance of 652 . 92 feet along the Northern property line ,
running a distance of 722 . 29 feet along the Western property line ,
running a distance of 113. 37 feet along the North side of Northampton
Boulevard, running a distance of 283 feet in a Northerly direction and
running a distance of 623. 65 feet in a Northeasterly direction . Said
parcel contains 5 . 39 acres . Bayside Borough.
For the information of the applicant, prior to the issuance of a build-
ing permit , the following will be required by the administrative staff .
1 . Standard improvements as required by the Site Plan
Ordinance.
2 . City water and sewer.
3. A dedication of right-of-way 30 feet from the centerline
of the existing variable right-of-way along the 341 . 09
foot more or less frontage on Baker Road (a variable
dedication of right-of-way as shown on the alignment plans
on file in the City Engineering Division) .
4. Median openings will not be allowed along Northampton
Boulevard.
5. It will be the responsibility of the developer of this
site to provide hydraulic calculations for the drainage
from this site and upgrade the downstream drainage system
as necessary to handle the increased runoff . The existing
downstream drainage facilities are inadequate to handle the
expected runoff from this site. The ditch along the northern
side of this property is to be piped with this development .
6. All lighting is to be directed to the interior of the site
and is to be shielded from adjacent properties .
This resolution shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 17 day of October, 1977.
10/17 /77 ,
1 II
- 15-
ITEM #11396
Application of Hudgins and Associates, Inc. , for a Conditional Use Permit
for a duplex on certain property located on the South side of 16th Street
beginning at a point 250 feet East of Parks Avenue, running a distance of
50 feet along the South side of 16th. Street, running a distance of 140 feet
along the Eastern property line, running a distance of 50 feet along the {�
Southern property line and running a distance of 140 feet along the Western
property line. Said parcel contains 7, 000 square feet. VIRGINIA BEACH
BOROUGH.
Planning Commission Recommendation:
•
A motion was passed unanimously by the •Manning Commission by a recorded
vote of 13 to approve this request.
For the information of the applicant, prior to the issuance of a building permit, r.
the following will be required by the administrative staff:
•
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
Mr. Lucian Cox, Attorney, represented the applicants
On motion by Councilman Riggs , seconded by Vice Mayor Standing, and
by recorded vote as follows :
Ayes : Councilmen Robert B. Cromwell, Jr. , George R. Ferrell , John
R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr. , Council-
woman Meyera E . Oberndorf , J. Curtis Payne , Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays : None
Absent : Councilman John A. Baum
City Council voted to adopt the following resolution upon application
of Hudgins and Associates, Inc. , for a Conditional Use Permit for a
duplex:
RESOLUTION UPON APPLICATION OF HUDGINS & ASSOCIATES RO1077144
FOR A CONDITIONAL USE PERMIT 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 16th Street beginning at a point 250 feet East of Parks Avenue ,
running a distance of 50 feet along the South side of 16th Street ,
running a distance of 140 feet along the Eastern property line,
running a distance of 50 feet along the Southern property line, and
running a distance of 140 feet along the Western property line . Said
parcel contains 7, 000 square feet . Virginia Beach Borough.
For the information of the applicant , prior to the issuance of a build-
ing permit , the following will be required by the administrative staff :
1 . Standard improvements as required by the Site Plan
Ordinance .
2. City water and sewer.
This resolution shall be effective upon date of adoption .
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 17 day of October , 1977
10/17/77
-16-
ITEM #11397
Application of The Open Door Chapel for a Conditional Use Permit for a
church on certain property located on the North side of Holland Road beginn-
ing at a point 260 feet more or less East of Windsor Oaks Boulevard, running
a distance of 380 feet more or less along the North side of Holland Road,
running a distance of 230 feet along the Eastern property line, running a
distance of 350 feet along the Northern property line and running a distance
of 315 feet more or less along the Western property line. Said parcel con-
tains 2. 11 acres. (Windsor Oaks West Area). KEMPSVILLE BOROUGH.
Planning Commission Recommendation:
A motion was passed by the Planning Commission by a recorded vote of 11
for the motion and 2 abstentions to deny this request as there was no repre-
sentative at the public hearing for this application.
On motion by Councilman Ferrell, seconded by Councilman McCoy, Jr. , and
by recorded vote as follows:
Ayes : Councilmen 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, and Floyd E. Waterfield, Jr.
Nays : None
Absent : Councilman John A. Baum
City Council voted to permit withdrawal of the above application of
The Open Door Chapel for a Conditional Use Permit for a church on
certain property located on the North side of Holland Road, beginning
at a point 260 feet more or less East of Windsor Oaks Boulevard, running
a distance of 380 feet more or less along the North side of Holland Road,
running a distance of 230 feet along the Eastern property line, running a
distance of 350 feet along the Northern property line and running a dis-
tance of 315 feet more or less along the Western property line. Said
parcel contains 2. 11 acres. (Windsor Oaks West Area) . Kempsville
Borough.
ITEM #11398
Mr. Gerrit W. Benson, Attorney, represented the petitioner
On motion by Councilman Cromwell, seconded by Councilman Waterfield,
and by recorded vote as follows :
Ayes : Councilmen 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, and Floyd E. Waterfield, Jr.
Nays: None
Absent : Councilman John A. Baum
City Council voted to approve the following ordinance in the matter
of closing, vacating and discontinuing a portion of that certain street
of variable width known as Shell Road, located in the Bayside Borough;
approval subject to the following stipulations:
1. The applicant must furnish evidence that he has title
to the underlying fee in the street, otherwise, a non-
conforming lot would be created by the closure and the
applicant would not be able to use it as an extension
of the proposed parking area without an agreement with
the owner of the vacated section.
2. The existing southern property line of Lots 40 and
41 is to be vacated by plat recordation, if the
closure is granted by City Council, in order to avoid
the possibility of creating a nonconforming lot which
does not meet the minimum area requirement of the CZO
3. The necessary utility easements are to be dedicated to
VEPCO for the existing electric distribution lines and
6-inch gas main which are located within the area pro-
posed for closure.
4. A 15-foot utility easement for the existing 6-inch force
main will be required.
10/17/77
-17-
ORDINANCE
0 NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF VARIABLE WIDTH KNOWN AS SHELL
ROAD, LOCATED IN THE BAYSIDE BOROUGH,
OF THE CITY OF VIRGINIA BEACH , VIRGINIA,
AS SHOWN ON THAT CERTAIN PLAT ENTITLED,
"PRELIMINARY PLAT OF PROPOSED STREET
CLOSING ADJACENT TO LOTS 40 AND 41 ,
SHELTON, PLACE", WHICH PLAT IS RECORD-
ED IN THE CLERK'S OFFICE OF THE CIR-
CUIT COURT OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, IN MAP BOOK
AT PAGE
WHEREAS, it appearing by Affidavit that proper notice has been givdnl
by William T. Wingfield , that he would make application to the Council of thd
City of Virginia Beach, Virginia, on , 1977, to have the hdre-
inafter described street discontinued, closed and vacated; and
WHEREAS , it is the judgment of the Council that said street be dis-
continued, closed and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia,
that the hereinafter described street be discontinued, closed and vacated:
All that portion of Shell Road , situated in the City of
Virginia Beach, Virginia, Bayside Borough.
BEGINNING at a point at the Southwest corner of Lot 40
as shown on that "Plat of Shelton Place", recorded in the
Clerk' s Office of the Circuit Court of the City of Vir-
ginia Beach, Virginia, in Map Book 13, at Page 40; thence
South 10°01 '06" West to a point twenty-five (25) feet
North from the centerline of Shell Road; thence South-
easterly following a course twenty-five (25) feet North
of the centerline of Shell Road to a point at which said
course intersects with the present Northeast property
line of Lot 41 as extended; thence North 33°56'40" West
to a point at the Southeast corner of said Lot 41 ; thence
along the Southern property lines of Lot 41 and Lot 40 to
the point of BEGINNING; as shown on that certain plat en-
titled, "Preliminary plat of proposed street closing ad-
jacent to Lots 40 and 41 , Shelton Place", dated July 28,
1977, made by James C. Hickman, C.L.S. , to which reference
is hereby made for a more accurate description.
10/1X/77
-18-
r
-2-
Said parcel of land being a portion of Shell Road as indicated on that certaih
plat of property to be vacated along existing Shell Road, which plat is record-
ed in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book , at Page , and which is made a part
hereof by reference.
SECTION II
This Order shall be in effect from the date of its passage.
Approval subject to the following stipulations
1 . The applicant must furnish evidence that he
has title to the underlying fee in the street,
otherwise, a non-conforming lot would be created
by the closure and the applicant would not be able
to use it as an extension of the proposed parking
area without an agreement with the owner of the
vacated section.
2. The existing southern property line of Lots
40 and 41 is to be vacated by plat recordation,
if the closure is granted by City Council , in order
to avoid the possibility of creating a non-conforming '
lot which does not meet the minimum area requirement
of the CZO
3. The necessary utility easements are to be dedicated
to VEPCO for the existing electric distribution lines
and 6-inch gas main which are located within the area
proposed for closure .
4. A 15-foot utility easement for the existing 6-
inch force main will be required.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 17th day of October, 1977.
10/17/77
-19-
ORDINANCE APPOINTING VIEWERS
WHEREAS, William T. Wingfield has given due and proper notice, in ac-
cordance with the statutes for such cases made and provided that he will on ' t he
8th day of August, 1977, apply to the City Council of the City of Virginia
Beach, Virginia, for the appointment of Viewers to view the below described'
property and report in writing to the Council whether, in the opinion of sail
Viewers, any, and if any, what inconvenience would result from the discontint--
ance of the hereinafter described portion of that certain street of variable )
width, and has filed such application with said Council .
NOW, THEREFORE , be it ORDAINED by the Council of the City of Virginia
Beach, Virginia:
THAT C. Oral Lambert , George E.
Tinnes , Robert J. Scott
, and are hereby appointed to
view the below described property and report in writing to the Council on or
before , 1977, whether in their opinion, any, and if any,
what inconvenience would result in the discontinuing and vacating of a portipn
of that certain street of variable width located in the City of Virginia Be7h,
Virginia, and more particularly described as follows :
All that portion of Shell Road, situated in the City of
Virginia Beach, Virginia, Bayside Borough.
BEGINNING at a point at the Southwest corner of Lot 40
as shown on that "Plat of Shelton Place", recorded in the
Clerk's Office of the Circuit Court of the City of Vir-
ginia Beach, Virginia, in Map Book 13, at Page 40; thence
South 10001 '06" West to a point twenty-five (25) feet
North from the centerline of Shell Road; thence South-
easterly following a course twenty-five (25) feet North
of the centerline of Shell Road to a point at which said
course intersects with the present Northeast property
line of Lot 41 as extended; thence North 33°56'40" West
to a point at the Southeast corner of said Lot 41 ; thence
along the Southern property lines of Lot 41 and Lot 40 to
the point of BEGINNING; as shown on that certain plat en-
titled, "Preliminary plat of proposed street closing ad-
jacent to Lots 40 and 41 , Shelton Place", dated July 28,
1977, made by James C. Hickman, C.L.S. , to which reference
is hereby made for a more accurate description.
10/17177
-20-
4
-2-
All the above shown on that certain plat entitled, "Preliminary plat
of proposed street closing adjacent to Lots 40 and 41 , Shelton Place", dated
July 28, 1977, which plat is attached hereto and made a part hereof and intend-
ed to be recorded with the Ordinance closing the aforedescribed street.
10/17 /77
-21-
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF VARIABLE WIDTH , KNOWN AS SHELL
ROAD, AS SHOWN UPON THAT CERTAIN PLAT
ENTITLED, "PRELIMINARY PLAT OF PROPOSED
STREET CLOSING ADJACENT TO LOTS 40 AND
41 , SHELTON PLACE", DATED JULY 28, 1977,
WHICH PLAT IS ATTACHED HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Your Petitioner, William T. Wingfield, respectfully represents as fol-
lows :
1 . That pursuant to the provisions of Section 15. 1-364 of the Code
of Virginia, 1950, as amended , the Petitioner applies for the vacating, closing
and discontinuance of a portion of that certain street, which is more specific-
ally described as follows :
All that portion of Shell Road, situated in the City of
Virginia Beach, Virginia, Bayside Borough.
BEGINNING at a point at the Southwest corner of Lot 40
as shown on that "Plat of Shelton Place", recorded in the
Clerk's Office of the Circuit Court of the City of Vir-
ginia Beach, Virginia, in Map Book 13, at Page 40; thence
South 10°01 '06" West to a point twenty-five (25) feet
North from the centerline of Shell Road; thence South-
easterly following a course twenty-five (25) feet North
of the centerline of Shell Road to a point at which said
course intersects with the present Northeast property
line of Lot 41 as extended; thence North 33°56'40" West
to a point at the Southeast corner of said Lot 41 ; thence
along the Southern property lines of Lot 41 and Lot 40 to
the point of BEGINNING; as shown on that certain plat en-
titled, "Premilinary plat of proposed street closing ad-
jacent to Lots 40 and 41 , Shelton Place", dated July 28,
1977, made by James C. Hickman, C.L.S. , to which reference
is hereby made for a more accurate description.
Said parcel of land being a portion of Shell Road, as indicated on 'hat
certain plat entitled, "Preliminary plat of proposed street closing adjacent to
Lots 40 and 41 , Shelton Place", which plat is attached hereto and made a par .
hereof, and intended to be recorded with the Ordinance closing the aforedesC ib-
ed street.
2. That no inconvenience will result to any persons by reason of said
closing , vacation and discontinuance of said street; and the Petitioner pray
that this Honorable Council appoint Viewers as provided by law to view said ',
10/1''7 /77
-22- 1
-2-
platted street proposed to be closed and to report in writing to the Council
on or before the day of , 1977, as to whether in the
opinion of said Viewers , what inconvenience, if any, would result from the dis-
continuance and closing of this portion of said street, as herein reported and
described.
3. That on the 28th day of July, 1977, Notice of the presenting of
this Application was posted at the Courthouse of the Circuit Court of the Ci y
of Virginia Beach, Virginia, on the premises to be closed, and at the City Hall
Annex, 19th Street and Arctic Avenue, Virginia Beach, Virginia, as evidenced 'by
the Affidavit attached hereto, and a copy of said Notice.
4. That the Petitioner is fee simple owner of all land along and ad-
jacent to and affected by said portion of the platted street to be closed and
consequently, your Petitioner is the only landowner affected by the same.
Respectfully submitted,
WILLIAM T. WINGFIELD -)
,ct I/ /` E- ______ _ .
By
Of Counsel
Gerrit W. Benson
Murphy, Kent and Spinks
3284 Virginia Beach Blvd.
P.O. Box 2195
Virginia Beach, VA 23452
(804) 486-6463
10 /17 /77
-23-
ITEM #11399
On motion by Vice Mayor Standing, seconded by Councilman McCoy, and
by recorded vote as follows :
Ayes : Councilmen 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, and Floyd E. Waterfield, Jr.
Nays : None
Absent : Councilman John A. Baum
City Council voted to defer for two weeks the request of the City
of Virginia Beach for the closure of a portion of Great Neck Road
(Lynnhaven Borough) , to allow for the necessary legal documents for
the transfer of this property to be completed.
ITEM #11400
Mr. Grover C. Wright , Jr. , Attorney, represented the buyer .
On motion by Councilman Riggs , seconded by Councilman Griffin , and
by recorded vote as follows :
Ayes : Councilmen 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, and Floyd E. Waterfield, Jr .
Nays : None
Absent : Councilman John A. Baum
City Council voted to approve the following Sales Contract between
The City of Virginia Beach and F. Wayne McLeskey (buyer) for the
purchase of a parcel of property of approximately 1 . 9048 acres, known
as Parcel A on Rudee Inlet ; and authorize City Manager to execute same .
The main conditions of the sale are :
1 . The property shall be used for the general public as
a public accommodation and is being purchased for the
development and use of a sports fishing marina, motel ,
and related facilities for the general public.
2 . Transfer of ownership cannot be made by Mr. McLeskey to
any other party until the facilities are complete , however,
he may lease the property or business for the purpose of
the proposed development .
3. The time table is that the marina facilities will be
substantially completed by May 1 , 1978, and shall berth
and accommodate not less than 23 small vessels or less
than 12 large vessels .
4. The motel and related facilities will ultimately contain
at least 140 lodging units and the first 80 units should
be completed by June 1 , 1979, provided, however, that there
is a demand for motel units at that time .
10 /17 /77
n'.;:iSsSt.*4*•.a.;; S'S.".M..$�f:91�r".' .� -r x. -4.-..ak9fexNFTaFI"&nt"y<`^'i n.o rrM M9¢« r,.q.y;,,ny;.w...w,ge, ?Fk° .'?,a'fF$.*fid,;_`.':-.X'f+.rp+k»rir•r;..�•.ry�.r t T'tk L+iin.,ywe�...: e-k,t 5, 4,„ 1
.w....:.,....-�'.:. ,_.�,....a cam,: ....._.i'. ... - ..w . . .i. ..a ...........,.. ._. .Ara.c .>.+. ..,H — . -.w � . ...
-24— •
L
•
o
SALES CONTRACT
THIS AGREEMENT, made September 20, 1977, between CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia (Seller) , and
F. WAYNE McLESKEY, JR. , of Virginia Beach (Buyer) ;
WITNESSETH THAT, Seller agrees to sell to Buyer, and Buyer agrees o
buy from Seller, on the following terms and conditions, the following descri ed
property, (the "property") , to wit:
Parcel A (1.9048 acres) as shown on the "Plat Showing
Virginia Capes Marina property of City of Virginia
Beach," dated November 18, 1971, revised July 25, 1977,
made by Seller's Engineering Division, Department of
Public Works, herein called the plat, with the buildings,
bulkheads, floating pier and other improvements thereon
and all rights, privileges and appurtenances thereto.
The purchase price is ONE HUNDRED FIFTY-FIVE THOUSAND TWO HUNDRED
FIFTY DOLLARS ($155,250.00) , payable as follows:
$1,000.00 deposit to be held in escrow by Seller and applied
at settlement or returned to Buyer if the sale is not con-
summated for reasons other than Buyer's default;
$154,250.00 by cash due at settlement.
1. The physical inventory is attached as is a list of slip tenants.
Seller warrants title to physical assets marked "City owned" and that leases
are cancellable on 30 days notice.
2. Seller agrees to deliver at settlement a SPECIAL WARRANTY deed,
and the plat in recordable form, to the property, to be prepared at Seller's
expense, and, except for state seller's tax, recorded at Buyer's expense. Th
deed shall contain a covenant that the property shall be for use by the
general public for public accommodations including a sports fishing marina as'
herein set forth.
3. Seller covenants and agrees to convey to Buyer a good and
marketable fee simple title to the property, free and clear of all liens,
encroachments, tenancies and encumbrances of every kind, excepting only the
easements shown on the plat. If the center 10' drainage easement or the
pipe therein interferes with the development and use of the property, Seller
shall abandon same provided an acceptable alternate easement and drainage
facility is provided by Buyer. On demand of Buyer, Seller shall abandon the
westernmost 10' drainage easement and the pipe therein and relocate same
within the open portion of Arctic Avenue provided same can be done at none
but minimal expense and without substantial interference with access along
Arctic Avenue.
4. Buyer covenants and agrees (and same shall survive settlement
and not be merged therein or thereby, but shall continue until completion of
the contemplated development) that: (1) The property shall be for the use
of the general public as a public accommodation and is being purchased for
the development and use of a sports fishing marina, motel and related
facilities to accommodate the general public and not for speculation, and that
until the contemplated facilities are completed, he shall retain and not
voluntarily transfer his ownership interest in the property; provided, however,
that he may lease the property, or parts thereof, and may encumber same, for
the purpose of contemplated development and operation and (2) the property
shall be developed in accord with the following time table, viz: the marina' '',
facilities to provide for a first class sports fishing charter boat center
shall be substantially completed by May 1, 1978 , and shall berth and
accommodate not less than 23 small vessels or less than 12 large vessels, it
v_. 9.-4 ::*"' ;"tcW.+.yr`w'. ;:?=A6o' -.Y t Y".'tE,,,-.,,,,c`w 3C. +sfv_..wr^- .+,r.r. ^x r+'v:^:. 'r 'tn s .r rx 4>,. y, _ t
-2 5-
•
being recognized that cruise or tour boats and head boats may occupy more
than one normal berthing space; themotel and related facilities to ulti- 1 I
mately contain at least 140 lodging units consistent and compatible with II
use of the marina facilities shall be completed substantially as to the
first 80 units by June 1, 1979, provided that the market conditions and
• the demand for motel efficiency units in the resort area of Virginia Beach, l
Virginia, at the time of projected construction and completion justify such I
development, if not, then upon written notice to Seller setting forth the
conditions justifying delay and a projection of further construction and
completion, construction thereof may be delayed accordingly. 1
5. As security for performance of the contemplated marina develop-- 1
went, Buyer shall furnish to Seller at settlement a performance bond with
regulated corporate or cash security (which may be a letter of credit from I
a bank) and in the event of default in performance by Buyer, after reasonable
written notice, Seller may call the bond for liquidated damages and may seek ' I I
further damages and/or specific performance of Buyer's obligation to perform. ' '
The amount of the bond shall be $25,000.00.
6. Buyer shall use best efforts, good faith and diligence to I
obtain the necessary government permits and approvals for the contemplated
development and shall perform in accord with applicable law. Seller shall
cooperate with Buyer in obtaining said permits and approvals. I
7. Real estate taxes and rents shall be prorated as of settlement
date and settlement shall be made at Seller's City Manager's Office, on the
17th day of October, 1977, at 3 p.m. , and time is of the essence.
8. Buyer has inspected the property and is buying same "as is"
without warranty by Seller of physical condition, fitness for proposed use
and navigability of the waters adjoining or adjacent to parcel "A" and
unless stated herein Seller makes no warranties or guarantees of any kind
whatsoever.
9. Seller shall deliver the property, and possession thereof, to
Buyer at settlement in substantially the same condition as that in which it 1
now appears, normal wear and tear excepted.
10. Risk of loss or damage to the property from all perils sba11
remain on Seller until settlement.
11. Buyer shall notify the Seller, in writing, of any defects in
the title to Parcel "A" or any other title related objections prior to 1
settlement. If title objections of any kind are made by the Buyer, then I
settlement will be delayed for a period of thirty (30) days to allow Seller
to cure such defects or objections and if defects in title or other valid I
objections are not cured by the Seller then the Buyer shall be entitled to I
rescind this agreement and no party shall have any further liability under ' I
it. Such right of the Buyer to rescind this agreement shall be exclusive
of any other right or remedy in law or equity of the Buyer.
This contract shall not be voluntarily assigned by either party.
t
WITNESS the following signatures and seals.
. [ J )7)e ..4 (sEAL)
f`�"��/// F YNE McLESKEY, R. ,
I
• CITY- OF VIRGINIA BEACH, VIRGINIA
By
City Manager 1 1
I
-2- • 1
'NE:�!'.t�Ct.'sa�4 fit'",�k`c.fi7,a.ea�s«§ir•.,,e�— :=,w ,�q.. ...x,�fi
-26- �...
•
(SEAL)
ATTEST:
City Clerk
Adopted by the Council of the City of Virginia Beach, Virginia
on the 17th day of October, 1977.
I
- Ili
I
•
•
•
-3-
-27-
ITEM #11400(a)
On motion by Councilman Riggs , seconded by Councilman Griffin , and
by recorded vote as follows :
Ayes : Councilmen 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, and Floyd E. Waterfield, Jr.
Nays : None
Absent : Councilman John A. Baum
City Council voted to approve the following ordinance authorizing the
conveyance of surplus property known as Parcel "A" Virginia Capes
Marina:
AN ORDINANCE AUTHORIZING THE CONVEYANCE
OF SURPLUS PROPERTY KNOWN AS PARCEL "A"
VIRGINIA CAPES MARINA
WHEREAS, the following described property was acquired by the City of
Virginia Beach in connection with the Rudee Basin Project; and
WHEREAS, it is the opinion of the City Council that the property is now in
excess of the needs of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA: •
That the City Manager is hereby authorized to execute a SPECIAL WARRANTY
deed and convey the following described City property, to wit:
•
All that certain parcel of land situate in
the Virginia Beach Borough of the City of •
Virginia Beach, Virginia, containing 1.9048
acres and designated as Parcel "A" on that
certain plat entitled "Plat Showing Virginia
Capes Marina Property of City of Virginia
Beach, Virginia, Virginia Beach Borough,"
dated November 8, 1971, revised July 25,
1977, prepared by Engineering Division of
the Department of Public Works, attached
hereto and made a part hereof. Together
with the buildings, bulkhead, floating
pier and other improvements thereon and
all rights, privileges and appurtenances
thereto expressly reserving unto the Grantor,
those certain drainage easements and the
drainage facilities therein as shown on
said plat.
IT BEING the property acquired by the
Grantor by deed of the Rudee Inlet Authority,
dated November 1, 1966, recorded in Deed Book
989, at Page 39; by deed of Joseph D. Parrish,
unmarried, dated April 12, 1967, recorded in
Deed Book 1009, at Page 91; by deed of George
E. and Sarah S. Flora, dated July 17, 1967,
recorded in Deed Book 1014, at Page 748; by
deed of Rollman Corporation, dated March 12,
• 1975, recorded in Deed Book 1480, at Page
602, and by closure of a portion of Arctic
Avenue by ordinance adopted by the Council
of the City of Virginia Beach, on March 22,
1976.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
17th day of October , 1977. 10/17/77
',,.- ft 3'•'.:....„fg429A8*4":a4t1 Af.1,".i '"ifta Tree011,qeb`"4`...a•0••;V043*,X":,•."'.0 -.fi47.,W-Vn i, 4 -a. v".•- .. _44.4. •;tT a•av,,;..w.e*u`iA r,--0 '-,IteY,:", r ::.VOrs'` "as•:w+ 7e 1E'41" ' ti l
rt .... ...,, ,..�, t. ,t. �.,.�., ..� a•c.:�. >-..,.. _...'.•t-. �.':. - '_- .. .�,.a _. .,. „ ,..y
-2 8-
•
1
\ - - ' - It —— - V_,___-... ----'''.--- PA'
ii I
\-----• - --ALI,
•
>4-
. \
lipG pVE o -------
%.4
_
4o
a
I v•t
' i
, —tiTy 'Tr•�' r
o �
• o
111‘ \ss,,.
( 1 r• r.-T1-.1
r r
I
1 � (ij`
1
rl.• t • C
1 rt_t t N `
• r r
L r •
r
nn r L
n t t M
` ,V r r N7
IP ._baJ J
I NP
� WE'
e . � .;�
1111*\
FIG
•%x ,nor ►• IA
2
*......**...S/ c e i ,j1(0..'ff..•
.73
../.......
a AIL-NC1G
•
Al
\: tO ::\ \11:::::\,............
Irl fn ,, SOC:$2
� E I �
7.
23 rn
fn
,�� ip
' Vis': _
3.
C-.. to q
.. -1 to
14r
:r' vt
=%
01
•
WO!,
•
��•
t
•
t:
1 •
ITEM #11401 -29-
The following appeared in favor of the proposed bid :
Mr. F. Reid Ervin
Mr. Tazewell Huburt
On motion by Councilman Payne , seconded by Councilman Griffin , and
by recorded vote as follows :
Ayes : Councilmen 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, and Floyd E. Waterfield, Jr .
Nays : None
Absent : Councilman John A. Baum
City Council approved the low bid of A. Stanley Mundy , in the amount
of $634, 163. 40, for the Laskin Road Waterline, Section II .
ITEM #11402
On motion by Councilman Ferrell , seconded by Vice Mayor Standing,
and by recorded vote as follows :
John Councilmen Robert B. Cromwell . Jr . , George H. Ferrell , 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, and Floyd E . Waterfield, Jr.
Nays : None
Absent : Councilman John A. Baum
City Council voted to approve the following ordinance relating to
the powers and duties of the City Manager by authorizing the City
Manager to make and execute certain contracts on behalf of the City :
10/17 /77 '
-30-
AN ORDINANCE RELATING TO THE POWERS
AND DUTIES OF THE CITY MANAGER BY
AUTHORIZING THE CITY MANAGER TO MAKE
AND EXECUTE CERTAIN CONTRACTS ON
BEHALF OF THE CITY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Except as otherwise provided by law, charter or ordinance, the
City Manager is authorized to make and execute, during the ordinary course
of business, within the limitations of the appropriation ordinance for any
year, all contracts on behalf of the City and such other contracts as may
be authorized by the City Council. Such contracts shall be approved as to
availability of funds by the Director of Finance and as to form by the City
Attorney and, where necessary, attested by the City Clerk.
Adopted by the Council of the City of Virginia Beach on the 17
day of October , 1977.
JDB:er
3-25-77
10-4-77
10-12-77
10/17 /77
-31-
ITEM #11403
Councilman Cromwell stated that there was an article in the newspaper
which the headlines read "Council ignores Church's plea. "
Mayor Holland stated that Council had listened attentively for over
an hour and did not , as the paper stated, ignore the church or the
persons appearing regarding this matter.
ITEM #11404
Councilman Cromwell stated that the recent article in the newspaper
regarding the election of Mayor concerned him greatly . This matter
was in our province and should not be brought up as a campaign
issue.
Councilman Cromwell suggested the candidates running for the General
Assembly pay more attention to the issues that face all of Virginia
rather than attempt to run the Virginia Beach City Council.
Councilman Cromwell further stated that he would like to see each
Delegate running for the General Assembly address the issue, and
take a public stand on collective bargaining.
ITEM #11405
On motion by Councilman McCoy , seconded by Councilman Waterfield,
and by recorded vote as follows :
Ayes : Councilmen Robert B. Cromwell , Jr. , George R. Ferrell , John
R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr. , Council-
woman Meyera E. Oberndorf , J. Curtis Payne , Roger L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E . Waterfield, Jr.
Nays : None
Absent : Councilman John A. Baum
City Council voted to approve a correction to the minutes of the
special meeting of September 29 , 1977, regarding the bonds . Mr.
Riggs name was inadvertently left out .
ITEM #11406
On motion by Councilman McCoy, seconded by Vice Mayor Standing, and
by acclamation, the meeting adjourned.
Richard J.�VVhbbon, City Clerk Mayor Clarence A. Holland, M.D1
City of Virginia Beach,
Virginia
October 17, 1977
d
10/17 /77