HomeMy WebLinkAboutOCTOBER 8, 1973
MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACII, VIRGINIA
October 8, 1973
The regular meeting of the Council of the City of Virginia Beach,
Virginia was held in the Council Chambers in the AdministratioTl
Building in the Borougli of Princess Aniie, on Monday, October 8,
1973 at 2:00 p.m.
The invocation was given by the Reverend Richard Stevenson, Tabernacle
Methodist Church, Virginia Beach, Virginia.
Councilmen present: John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon,
J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr.
Councilmen absent: None
ITEM #6408
On motion by Councilman Gardner, seconded by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum'Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Clarence @'. Holland, D. Murray
Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: None
City Council approved the iminutes of the Regular Meeting of
September 24, 1973, and the reading of said Minutes dispensed
with inasmuch as eacii Councilman had a copy of the subject
Minutes before him.
ITEM #6409
On motion by Councilman Malbon, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payiie, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: None
City Council approved the Minutes of the Regular Meeting of
October 1, 1973, and the reading of said Minutes dispensed
with inasmuch as each Councilman had a copy of the subject
Minutes before him,
ITEM #6410
lication Of "ms F. Hofheimer for a Chanqe of LOni-nQ from Rural Residence District I
TRP-R 1) to Rural Residence District 3a ( -@a -on certain DroDerty located at the North-
west Intersection of Wishart koad and North Witchduck Road, across from Richardson Road,
running a distance of 773.52 feet along the West side of North Witchduck Road. running a
distance of 790 feet more or less along the North side of Wishart Road, runninq- a distance
of 829 feet along the Western property line, running a distance of 1150 feet along the
Northern property line. Said parcel contains 18 acres more or less. (Witchduck Point
Area). BAYSIDE BOROUGH.
Planning Commission Recommendation-
A motion by the Planning ComMssion was passed for denial as the proposed ch4nge Is
in conflict with the Bayside Development Plan which reflects low density residential
use of one dwelling unit per acre.
Mr. James F. Hofheimer, applicant, appeared before Council requesting
his application be withdrawal.
On motion by Councilman Holland, seconded by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice @ayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Donald H. Rho(les, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: None
City Council approved the withdrawal of the above application of
James F. Hofheimer for a han e of Zonin from Rural Residence
District 1 (R-R 1) to Rur a, Res, ence Dis trict 3a (R-R 3a) on
certain property located at the Northwest intersection of Wishart
Road and North Witchduck Road, across from Richardson Road, running
a distance of 773.52 feet along the West side of North Witchduck
ad, running a distance of 790 feet more or less along the North
,;Ilde of Wishart Road, running a distance of 829 feet along the
Western property line, running a distance of 1150 feet along the
Northern property line. Said parcel contains 18 acres more or
less. (Witchduck Point Area). Bayside Borough.
ITEM #6411
Application of Cleaveston 0. Griffin for a trailer variance an cwuin property
beginninq at a point I mile more or less East of the Chesapeake City line and
located on the South side of Head River RDad. Said parcel contains 3 acrts more
or less. (Variance requested from 2500 feet to 550 feet from the nearest dwell-
ing). BLACKWATER BOROUGH.
Planning @ssion Recowmndation:
A mdtion by the Planning Comission was passed for approval of this request for
a period of two years subject to the following:
1. The applicant. Mr. Griffin, Is the sole recipient of the variance.
2. Nealth Department approval.
Mr. C. 0. Griffin appeared on his own application.
on motion by Councilman Baum, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: None
City Council approved the above application of Cleaveston 0.
Griffin for a trailer variance on certain property beginning at
a point 1 mile more or less East of the Chesapeake City line and
located on the South side of Ilead River Road. Said parcel contains
3 acres more or less. (Variance requested from 2500 feet to 5SO
feet from the nearest dwelling). Blackwater Borough. Approval is
subject to the followilig stipulations:
1. Approval is for a period of two years.
2. The applicant, Mr. Griffin, is tlie sole recipient of the
variance.
3. Health Department approval
ITEM #6412
Application of David E. Wriqht for a trailer variance on certain property beginn-
ing at a point 916.50 feet North of Sandbridqe Poad, running a distance of 105
feet along the West side of Banks Lane. Said parcel Is known as Lot 4, Subdivision
of Part of Property of Henry C. Halsey, and contains 2 acres. (Variance requested
from 2500 feet to 80 feet more or less from t!ie nearest dwellinq). PRINCESS
ANNE BORDUGH.
Planning Commission Pecommendation:
A motion by the Planning Comission was passed for approval of this request for
a pwiod of tiso years.
COUNCILMAN BAUM LEFT COUNCIL C[IAMBERS
Mr. David E. Wright appeared on his own application.
Mr. Browner informed Council that all ol tlie neighbors had been
notified, by registered mail, of the trailer variance.
On motion by Councilman Payne, seconded by Councilman Waterfield,
and by recorded vote as follbws:
Ayes: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell,
Jr., Vice Mayor F. Reid Erviii, George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, D. Murray Malboii, .@. Curtis Payne, Donald H.
Rhodes, and Floyd E. @Katerfield, Jr.
Nays: None
Absent: Councilman John A. Baum
City Council approved the above application of David E. Wright
for a trailer variance on certain property beginning at a point
916.50 feet North of @-andbridge Road, running a distance of 105
feet along the West side of Banks Lane. Said parcel is known as
Lot 4, Subdivision of Part of Property of Henry C. Halsey, and
contains 2 acres. (Variance requested from 2500 feet to 80 feet
more or less from tlbe nearest dwelling). Pi-incess Anne Borough.
Approval of this request is for a peiiod of two years.
COUNCILMAN BAUM RETURNED 'FO COUNCIL CHA@IBERS
ITEM #6413
Application of Orlando F. Salinas by Samuel 1. White, Attorney, ftr a ChMe of Zoning
from Residence Suburban District 3 (R-S 3) to Limited Commrcial Di$tKct 3 (C-L 3)
on certain property located on the Southeast corner of Milburne Drive and Kempsville
Rud. running a distance of 145 feet along the Southside of Milburne Drive, running a
distance of 100 feet along the East side of Kempsville Road, running a distance of 145
feet along the Southern property line and running a distance of 100 feet along the
Eastern property line. Said parcel Is known as Lot 1, Kempsville Colony, Section One
and contains 14,500 square feet more or less. (Kempsville Colony Area). KEMPSVILLE
BOROUGH.
Planning Comission Recomiendation:
A mdtion by the Planning Commission was passed for denial of this request as this
is an Intrusion of con.@.ercial zoning into a residential area and would set a
ent for stri commercialization along Kempsville RDad. The Kempsville
Mr. Samuel 1. White, Attorney, represented the applicant
The following persons appeared in opposition to the application:
Mr. R. E. Shields
Mr. Henry J. Moore
On motion by Councilman Rhodes, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Cotiiicilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Clarence A. tiolland, D. Murray
Malbon, J. Curtis Payne, Donald Ii. Rhode,,;, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: None
City Council denied the above applicatioll of Orlando F. Salinas by
Samuel I. White, Attorney, for a Chan2e of Zonin, from Residence
0 ri. -L 3)
Suburban District 3 (R-,, 3) to Limite Comme 'l District 3 (C
on certain property located,on the Southeast corner of Milburne
Drive and Kempsville Road, running a distance of 145 feet along the
South side of Milburne Drive, running a distance of 100 feet along
the East side of Kempsville Road, runiiiiig a distance of 145 feet along
the Southern property line and running a distance of 100 feet along the
Fastern property line. Said parcel is kriown as Lot 1, Kempsville
Colony, Section One and contains 14,500 square feet more or less.
(Kempsville Colony Area). Ke.mpsville Borough. This application
was deni.ed as this is @Ln intrusion of commercial zoning into a
residential area and would set a precedent for strip commercalization
along Kempsville Road. The Kempsville Development Plan reflects
residential use foi this parcel.
ITEM #6414
lic&tion of Ray A. Reid for a Chan of ZoniAg from Residence Suburban District 4
rR!S 4) to Limited cwwrcial Dis r@c e -TC-@on certain property beginning at a
point 1692 feet more or less East of Baxter Road, running a distance of 100 feet along
the South side of Holland Road. running a distance of 198.96 feet along the Eastern pro-
PertY line. running a distance of 100.97 feet along the Southern property line and runn-
ing a distance of 185 feet along the Western property line. Said parcel Is known as
Lot D. Subdivision of Tract No. 43 A. W. Cornicks Kempsville Fam and contains 19,200
squar* foet more or less. (Holland Terrace-Larkspur Areas). KEMPSVILLE BOROUGH.
Planning Commission Recommendation:
A motion by the Planning C@ ssion was passed for denial of this request as the
Kefnpsville Development Plan reflects a residential use (I to 6 dwelling units per
aCre) On this property. This proposed change of zoning would perpetuate further
Mr. Gerald Rubinger requested sixty (00) day deferral.
The following persons appeared in opposition:
Mr. Andrew McCrone
Commander Butts
On motion by Councilman Rhodes, secon(ted by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: None
City Council denied the above application of Ray A. Reid for a
Change of Zoning from Residence Suburban District 4 (R-S 4) to
El-mited Commercial District I (C-L 1) on certain property begin-
ning at a point i692 feet more or less East of Baxter Road, running
a distance of 100 feet along the South side of Iiolland Road, running
a distance of 198.96 feet along tlie Eastern property line, running
a distance of 100.91- feet along the Sotitliern property line and running
a distance of 185 feet along the Western property line. Said parcel
is known as Lot Di Subdivision of Iract No. 43,A. W. Cornicks Kemps-
ville Farm and contains 19,200 square feet more or less. (Holland
Terrace-Larkspui- Areas). Kempsville Borough. The application was
denied as the Kempsville Development Plan reflects a residential
use (1 to 6 dwelling ujiits per acre) on this property. This proposed
change of zoning woti.id perpetuate further strip commercialization
on Holland Road.
ITEM #6415
IIC&tiOn Of H. Herrick for a from Residence Duplex District 2
4Rr-D 2) and Multiple Family Resi -M) to Limited Commercial Dis-
trict 3 (C-L 3) and a construct 28 mtel units on certain property
beginning at a point 5 t of Jade Street (formerly Jordan street)
running a distance of 49.91 feet along the f4orth side of Page Avenue, running
a distance of 499 feet along the Eastern property line, running a distance of
55 feet along the Northern property line and running a distance of 493 feet
along the Western property line. Said parcel contains 0.6 acres more or less.
(Lynnhaven Shores Area). LYt4NiiAVEN BORNUGH.
Planning Commission Recommendation:
A motion by the Planning Commission was passed for approval of this request subject
to the following:
1. The final site plan shall indicate a 30-foot setback from the right of way
line.
2. Standard site plan requirements to include:
a. Sidewalks. curb and gutter, pavement widening and storm drains as
necessary along Page Avenue.
b. All storm dralnage on the site shall be directed to the Chesapeake Bay.
c. Virginia Beach City standard bulkhead with a top elevation of 12 feet-
is to be constructed along the 6-foot contour and shall conform to the bulkhead
aligmmt along this section of the Chesapeake Bay. (Engineering)
3. Connection to 16-inch water main on Shore Drive and participation in sewer
system wtvich is presently under detign. Water and sewer agreements required.
(Public Utilities)
4. City water &W sewer. (ftalth)
S. Participation in school site purchase in the amount of $1,499.12. This
fi >
Mr. Henry Herrick appeared on his own application.
On motion by Vice Mayor Ervin, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: None
City Council deferred for thirty (30) days the above application
of H. Herrick for a Chan e -ii rom Re,idence Duplex District
g -f Zo 1
2 (R-D 2) and Multip 1 Fam ily Re l@,nfce District (R-M) to Limited
Commercial District 3 (C-L 3) and a Use Permit to construct 28
motel units on certain property beginning at a point 598.9 teet
West of Jade Street (formerly Jordan Street) running a distance
of 49.91 feet along the North side of Page Avenue, running a
distance of 499 feet along the Easteril property line, running a
distance of SS feet along the Nortliern property line and running a
distance of 493 feet along the Westerii property line. Said parcel
contains 0.6 acres more or less. (Lyiinhaven Shores Area). Lynnhaven
Borough.
Mr. Charles Carringtoii, Planning Director, informed Council he had
received a letter from the School Boai,d stating "Please make these
changes to our recommendations on the Agenda for October 8, 1973.
Item #5 - drop our request that tlie aj)plicant participate in school
site purchase as this pi-oposed constrilction will be a motel site and
not a condominium apartment developmejit".
ITEM #64L6
Application of DeHart Construction Corporation for a Use Pemit to construct a sewage
puMing station on certain property beginning at a po n@ -@eet more or less West of
London Bridge RD&d and 120 ft. more or less Southeast of Elon Court (Proposed) running
a distance of 50 feet along the Northern property line, running a distance of 55 feet
along the Eastern property line, running a distance of 90 feet along the Southern pro-
perty line and running a distance of 40 feet along the Western property line. Said
parcel is adjacent to Lots 20 and 21, Block D, Cheltenham Square. (Nottingham Estates-
London Court Areas). LYNrliiAVEtl B.OROUGH.
Planning Comission Reconuiendation:
A motion by the Planning Commission was passed for approval of this request subject to
standard site plan requirements.
On motion by Counciiniall Malbon, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Donald H. Rho@les, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: None
CitY Council approved the above application Of DeHart Construction
Corporation for a Use Permit to construct a sewage pumping station
on certain property eginning at a poilit soo feet more or less West
of London Bridge Road and 120 feet more Or less Southeast of Elon
Court (Proposed) running a distance of So feet along the Northern
property line, running a distance of 55 feet along the Eastern
property line, running a distance of 90 feet along the Southern
property line, and running a distance of 40 feet along the Western
property line. Said parcel is adjacent to Lots 20 and 21, Block D,
Cheltenham Square, (Nottingham Estates-London Bridge Court Areas).
Lynnhaven Borough. Approval is sub@ect to standar
ITEM #6417
Application of Kjold L. Johansen for a Chan(ie of Zoninq from Residence Duplex
District 2 (R-D 2) to Limited Commercial Dist@rct @- 3) on certain property
loCated at the Southwest corner of Shore Drive and Jade Street (formerly Jordan
Street). running a distance of 213.15 feet along the West side of Jade Street,
running a distance df 183.98 feet along the Northern property line of which 95.98
feet is the South side of Shore Drive, running a distance of 182.09 feet along the
Western property line and running a distance of 167.34 feet along the Southern pro-
perty line. Said parcel is known as Lots 7, 8 and 12, Block 7. Lynnhaven Shores.
Said parcel contains 0.36 acres more or less. (Lynnhaven Shores Area). LYNNHAVEN
BOROUGH.
Planning Commission Recomendation-
A motion by the Planning CoTnmission was passed for approval of this request subject
to the following:
1. Standard site plan requirements to include sidewalks, curb, gutter. pavement
widening and storm drains as required along frontage on Shore Drive and Jade Street.
(Engineering)
2. Dedication of right of way 80 feet from the centerline of the existing 100-
foot right of way along the 95.98-foot more or less frontage on Shore Drive (30-foot
dedication). (Real Estate)
3. Participation in area sewer system which is presently under design; sewer
agr@nt. (Public Utilities)
4. City water and sever. (Health)
Mr. Edward Hudgins, Attorney, represeiited the applicant.
On motion by Vice Mayor Lrvin, seconded by Councilman Malbign,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert if. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. @eid Ervin, George R.
Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Donald H. Rliod,?s, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: None
City Council approved the above application of Kjeld L. Johansen
for a Chanke of ZoninR from Residence D@iplex District 2 (R-D 2)
to Limited Commerci-al-District 3 (C-L 3,) on certain property
located on the Southwest corner of Sliore Drive and Jade Street
(formerly Jordan Street), running a distance of 213.15 feet along
the West side of Jade Street, running a distance of 183.98 feet along
the Northern property line of which 95.98 feet is the South side of
Shore Drive, running a distance of 182.09 feet along the Western
property line and runni.ng a distance of 167.34 feet along the Southern
property line. Said parcel is known as Lots 7, 8 and 12, Block 7,
Lynnhaven Shores. Said parcel contains 0.36 acres more or less.
(Lynnhaven Shores Area). Lynnhaven Borough. Approval is subject to
the following stipulations:
1. Standard site plan requirements to include sidewalks, curb,
gutter, pavement widening and storm drains as required along
frontage on Shore Drive and Jade Street. (Engineering)
2. Dedication of right of way 80 feet from the centerline of
the existing 100-foot right of way along the 9S.98-foot
more or less frontage on Shore Drive (30-foot dedication).
(Real Estate)
3. Participation in area sewer system which is presently under
design; sewer agreement. (Pubtic Utilities)
4. City water and sewer. (Health)
ITEM #6418
Application of Leo J. Martone for a Change of Zoninq from General Con nercial District 3
(C-G 3) to General industrial DistriCt 2 (M-1 2) on certain property beginning at a
point 750 feet mr-e or leSS East of HUttOn Lane. and 455 feet more or less West of
Byrd Lane. running a distance of 30 feet along the Southern property lirte of which 25
feet is the North side of Virginia Beach Boulevard, running a distance of 472 feet more
or less along the Eastern property line. running a distance of 30 feet along the South
side of-Oconee Avenue. running a distance of 540 feet more or less along the Western
property line. Said parcel contains 15,300 square feet mre or less. (Oconee Park
Area) . LYNNHAVEN BOROUGH.
Planning Commission Recommendation:
A mdtion by the Planning Comission was passed for approval of this request subject
to the ftllowing-
1. Standard site plan requirements to include sidewalks, curb, gutter. pavement
widening and stom drains as necessary along Virginia Beach Boulevard and Oconee
Avenue. (Engineering)
2. Dedication of right of way 70 feet from the centerline of the existing 80-foot
right of way along the 25-foot more or less frontage on Virginia Beach Boulevard
(30-foot dedication). Also dedication of right of way 25 feet f@ the centerline
of the existing 30-foot right of way along the 30-foot more or less frontage on
OcOnee Avenue (10-foot dedication). (Real Estate)
3. Existing sewer system can serve only dry industry. (Public Utilities)
4. City water and sewer. (Health)
Mr. Joseph T. Martone represented the al,pl.icant.
On motiori by Vice @layor F. Reid Ervin, seconded by Councilman Malbon,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Donald H. Rhod(,s, aiid Floyd E.
Waterfield, Jr.
Nays: None
Absent: None
City Council approved the above application of Leo J. Martone
for a Change of Zoning from General Compiercial District 3 (C-G 3)
istrict 2 (M-1 2) on certain property beginning
to General Industria D
at a point 750 feet more or less East of Hutton Lane, and 45S feet
more or less West of Byrd Laiie, running a distance of 30 feet along
the Southern propert), line of which 25 feet is the North side of
Virginia Beach Boulevard, running a distance of 472 feet more or less
along the Eastern property line, running a distance of 30 feet along
the South side of Oconee Avenue, running a distance of 540 feet more
or less along the Westerii property line. Said parcel contains 15,300
square feet more or iess. (Oconee Park Area) Lynnhaven Borough.
Approval is subject to tlie following stipulations:
1. Standard site plan requirements to include sidewalks, curb
gutter, pavement widening and storm drains as necessary
along Virginia Beach Boulevard and Oconee Avenue. (Engineering)
2. Dedication of right of way 70 feet from the centerline of the
existing 80-foot right of way along the 25-foot more or less
frontage on Virginia Beach Boulevard (30-foot dedication).
Also dedication of right of wav 25 feet from the centerline
of the existing 30-foot right @)f way along the 30-foot more
or less frontage on Oconee Aveziue (10-foot dedication).
(Real Estate)
3. Existing sewer system can serve only dry industry.
(Public Utilities)
4. City water and sewer. (Health).
ITEM #6419
Application of Partners Four, a Limited Partnership, by Thomas C. Broyles,
Attorney, for a Use Permit to construct 13 additional motel units, totaling
43 motel units, on-certain property located on the Iortheast corner of 40th
Street and Atlantic Avenue, running a distance of 70 feet along the East side
of Atlantic Avenue. running a distance of 150 feet along the North side of 40th
Street, running a distance of 70 feet along the Eastern property line and runn-
lng a distance of 150 feet along the Northern property line. Said parcel con-
tains 10,500 square feet. VIRGINIA BEACH BOROUGH.
Planning Commission Recommndation:
A motion by the Planning Commission was passed for approval of this request sub-
ject to the following:
1. Off-street parking totaling 43 spaces in accordance with zoning require-
ments shall be provided. (Planning)
2. Standard site plan requirements. (Engineering
3. Water and sewer agreements. (Public Utilities@
Mr. Thomas C. Broyles, Attorney, represented the applicant.
On motion by Councilman Callis, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen Jolin A. Baum, Robert f!, Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: None
City Council approved the application of Partners.Four, a Limited
Partnership, by Thomas C. Broyles, Attorney ' for a Use Permit to
construct 13 additional motel units, totaling 43 mote units, on
certain property located on the Northeast corner of 40th Street and
Atlantic Avenue, running a distance of -0 feet along the East side
of Atlantic Avenue, running a distance of 150 feet along the North
side of 40th Street, running a distance of 70 feet along the Eastern
property line and running a distance of ISO feet along the Northern
property line. Said parcel tontains 10,500 square feet. Virginia
Beach Borough. Approval is subject to l@he following stipulations:
1. Off-street parking totaling 43 spaces in accordance with
zoning requ-@lrements shall be pi-ovided. (Planning)
2. Standard site plan requirements. (Engineering)
3. Water and sewei agreements. (flublic Utilities)
ITEM #6420
Application of Atlantic Investment, Inc., to amend existinci Use Pemit (Applica-
tion #1375) for 120 motel efficiency units and restaurant ZAP-PTication 01406) to
Include 70 additional feet as shown on the revised site plan available In the
Department of City Planning. Said property is located at the Northeast corner Of
lith Street and Atlantic Avenue, running a distance of 150 feet along the North side
of Ilth Street, running a distance of 200 feet along the East side of Atlantic Avenue,
running a distance of 150 feet along the 4orthern property line and running a distance
of 200 feet along the Eastern property line. Said parcel contains 0.69 acres more
or less. VIRGINIA BEACH BOROUC4i.
Planning Commission Recommendation:
A motion by the Planning Comission was passed for approval of this request subject
to the following:
1. Standard site plan requirements. (Engineering)
2. Water and sewer agreements; sewer available on Atlantic Avenue; water service
Mr. Thomas C. Broyles, Attorney, appeared on behalf of the applicant.
on motion by Councilman Callis, seconded by Councilman Gardner,
and by recordecl vote as follows:
Ayes: Councilmen John A. Baum, Robert H. callis, Jr., Mayor
Robert B. Cromwell, Jr., George R. Ferrel.1, Charles W. Gardner
Clarence A. Holland, D. Murray Malbon, j. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Abstain: Vice Mayor F. Reid Ervin
Absent: None
City Council approved the above application of Atlantic Investment,
Incorporated, to amend existing se Permit (Application #1375) for
120 motel efficiency units and restaurant (Application #1405) to
include 70 additional feet as shown on the revised site plan available
in the Department of City Planning. Said property is located at the
Northeast corner of Ilth Street and Atlantic Avenue, running a distance
of 1SO feet along the North side of llth Street, running a distance of
200 feet along the East side of Atlantic Avenue, running a distance of
150 feet along the Northern property line and running a distance of 200
feet along the Eastern property li-ne. Said parcel contains 0.69 acres
more or less. Virginia Beacli Borough. Approval is subject to the
following stipulations;
1. Standard site plan requirements. (Engineering)
2. Water and sewer agreements; sewer available on Atlantic
Avenue; water service requires off-site construction.
(Public Utilities)
ITEM #6421
Application of 8. F. Goodrich by KMS Realty, for a C@e of Zoning from Limited
Comrcial District 3 (C-L 3) to General Commercial D s@r ct-T and a Use Pemit
for the sale and service of tires, batteries and accessories on,certain propeiv locatid
on the Northwest corner of Columbus Street and Ga"ett Drive, running a distance of 200
feet along the @h side of Columbus Street, running a distance of 250 feet along the
West side of Garrett Drive. running a distance of 200 feet along the South side of
Cleveland Street, riinning a distance of 250 feet along the Western property line. Said
parcel Is known &S Lots 15 through 22 and Lots 37 throuqh 44, Block 39, Plat of Sunny-
brook and contains 1.148 acres. (Sunnybrook Area). BAYSIDE BOROUGH.
Planning Comission Reconmndation:
A motion by the Planninq Comission was passed for approval of this request subject
to the following:
1. Standard site plan requirements to include:
a. Sidewalks, curb, gutter, pavement widening and storm drains as necessary
along all adjoining rights of way.
b. A minimum pavement width of 24 feet is required along the frontage of
Cleveland Street.
c. At the corners of Cleveland Street and Garrett Drive and Columbus Street
a radius of 20 feet is to be dedicated to the City of Virginia Beach for right of
way purposes. (Engineering)
2. Water and sewer agreements; participation in area sewer systern. (Public
Utilities).
3. City water and sewer. (Health)
Mr. Sam Scott, representing Kyrus Realty, appeared on behalf of the
applicant.
On motion by Councilman Holland, seconded by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert If. Callis, Jr., Mayor
Robert B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Abstain: Vice Mayor F. Reid Ervin
Absent: None
City Council approved the above application of B. F. Goodrich by
Kyrus Realty, for a f 'n@fro. Li.it,d Commercial District
an 'o 1
Ch g:ro str
3 (C-L 3) to General C-,m c aI D. ict 3 (C-G 3) and a Use Permit
for the sale and service of tires, batteries and accessories on
certain property located on the Northwest corner of Columbus Street
and Garrett Drive, running a distance of 200 feet along the North
side of Columbus Street, running a distance of 250 feet along the
West side of Garrett Drive, running a distance of 200 feet along
the South side of Cleveland Street, running a distance of 250 feet
along the Western property line. Said parcel is known as Lots 15
through 22 and Lots 37 through 44, Block 39, Plat of Sunnybrook and
contains 1.148 acres. (Sunnybrook Area). Bayside Borough. Approval
is subject to the following stipulations:
1. Standard site plan requireinents to include:
a. Sidewalks, curb, gutter, pavenient widening and storm
drains as necessary along all ;-idjoining rights of way.
b. A minimum pavement width of 24 feet is required along
the frontage of Cleveland Street.
c. At the corners of Cleveland Street and Garrett Drive and
Columbus Street a radius of 20 feet is to be dedicated to the
City of Virginia Beach for riglit of way purposes. (Engineering)
2. Water and sewer agreements; participation in area sewer
system. (Public Utilities)
3. City water and sewer. (Heal.th'i
4. Parking as required by Zoning ordinance. (Planning)
ITEM #6422
Commissioner Robert M. Furniss of the Virginia Beach Erosion Commission
addressed City Council regarding the need for obtaining sand sources
for the replenishment of sand eroded from the beach during the summer
season, and made particular reference to the dangerous condition of
the beach in the event of a hurricane or severe northeast storm.
Commissioner Furniss indicated that the Erosion Commission was unable
to free the Eureka Brick site from the restrictions placed upon its
use by the EPA, and the sand is not available in Lynnhaven Inlet due
to the lack of spoil areas, other than on private property.
Commissioner Furniss further indicated that other sources of sand
such as sand pumped from the Thimble Shoals Channel or from the
Beach Front area would not be proven economically feasible or possible
for about two or three years, which might be too late to preserve the
beach. On behalf of the Erosion Commission, Commissioner Furniss
requested permission to utilize, for dredging and sand pumping,
approximately 5.7 acres of land along the west side of GeneTal Booth
Boulevard, with dredging to be limited to an area fifty (50) feet
from the westerly line of General Booth Boulevard and extending to the
marsh area. Dredging is proposed of tlie high land area not under
control of the EPA.
City Council indicated its unwillingness to permit dredging of this
economically valuable property, which could be used for many purposes.
After a lengthly discussion, during which Mr. A. Coffman, representing
Mr. R. Short, Chairmaii of the Erosion Commission, expressed the need
for immediate action to preserve tlie beach, and Mr. F. Wayne McLesky
stressed the advantages of dredging the Eureka Brick site as an
emergency measure buy use of the Eminent DoTnain powers of the City.
After lengthly discussion between Councilmen regarding the question of
permitting use of the area in question, Councilman Baum made a motion,
which was seconded by Councilman Gardner, and by recorded vote as
follows:
Ayes: Councilmen Johii A. Baum, Robert 11. Callis, Jr., Vice Mayor
F. Reid Ervin, indicatirig that he agreed with Mayor Cromwell but
felt that the emergency of the situation required immediate action,
George R. Ferrell, Charles W. Gardner, Clarence A. Holland, J. Curtis
Payne, and Floyd E. Waterfieid, Jr.
Nays: Mayor Robert B. Cromwell, Jr., indicating that while he is not
against the use of the land, under the circumstances, felt that City
Council should consider the matter for at least a week prior to making
a decision, Councilmaii D. Murray Malbon, felt City Council needed more
time and information on the request, and Councilman Donald H. Rhodes,
required longer consideration and briefing regarcling other sand sources.
Absent: None (Total vote: Ayes 8, Nays 3)
City Council moved to permit the dredging of a single fifty (50)
foot strip along the existing banks of the lagoon.
Councilman Callis called upon City Council to request the City and
State representatives in Washington to take immediate steps to
expedite the efforts and reports being made by the U.S. Army Corps
of Engineers regarding nourishment, replenishment, and preventive
measures on the beaches of Virginia Beach, and to keep City Council
fully informed.
Commissioner Furniss indicated that the Erosion Commission would refrain
from placing the dredge in operation for a period of time, one week from
the Wednesday following the meeting of October 8th, and expressed hope
that City Council would not rescind its motion.
Councilman Callis called for a briefing of City Council to preceed
the meeting of October 15th, regarding the entire situation.
COUNCILMEN HOLLAND AND WATERFIELD LEFT THE COUNCIL CHAMBERS.
ITEM #6422 (a)
On motion by Councilman Payne, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, D. Murray Malbon, J. Curtis
Payne, and Donald H. Rhodes
Nays: None
Absent: Councilmen Clarence A. Holland and Floyd E. Waterfield, Jr.
City Council approved on first reading an Ordinance to amend and
reordain Article IV of Chapter 22 relating to city motor vehicle
licenses and providing for refunds under certain conditions:
Requested by: City Manager
AN ORDINANCE AMFNDING AND REORDAINING ARTICLE
IV OF CHAPTFR 22 RELATING TO CITY MOTOR VEHICLE
LICENSES AND PROVIT)ING FOR REFUNDS UNDER CERTAIN
CONDITIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACif,
VIRGINIA:
That Article IV of Chapter 22 relating to City Motor Vehicle Licenses
is hereby amended and reordained to read as follows:
Any person holding a current license plate or decalcomania who
disposes of the vehicle for which it was issued and does not purchase
another vehicle may surrender the license plate or decalcomania to the
Treasurer with a statement th4t the vehicle for which the license plate or
decalcomania was issued has been sold and reques@ a refund for the unused
portion of the fee paid.
The Treasurer shall refund to the applicant one-half of the total
cost of the license plate or decalcomania if application for such refund
is made on or before the first day of july of the license year. No refund
shall be made when the application therefor is made after the first day of
July of the license year.
This ordinance shall be effective on and after January 1, 1974.
First Reading: October 8, 1973
Second Reading:
Adopted by the Council of the City of Virginia Beach on the
day of 1973.
ITEM #6423
City Council deferred for thirty (30) days the following Street
closure relative to a 15-foot right of way in Lynnhaven Borough
which was deferred from August 6, 1973:
CITY OF VIRGINIA BEACH
TO (ORDINANCE OF VACATION)
BROWN-ARRIS-LANGHORNE, INC., ET AL.
AN ORDINANCE VACATING AND DISCONTINUING
A 15 FOOT RIGHT OF WAY, IN LYNNHAVEN
BOROUGH, IN THE CITY OF VIRGINIA BEACH,
VIRGINIA
V,rHEREAS, proper notice of the intended application of the appli-
catit, Brown-Arris-Langhorne, Inc., to be presented to the City Council of
the City of Virginia Beach, Virginia, on the day of July, 1973, and
for the vacation of the hereinafter described public street in the City of
Virginia Beach, Virginia, was on the (6 VA day of May, 1973, duly posted
at the Court House of the Cirbuit Court of the City of Virginia Beach,
Virginia, and at two other public places in the City of Virginia Beach,
Virginia, in conformity w.ith the mannc!r prescribed by Code of Vizginia,
Section 15.1-364, for the instittition of proceedings for the vacation of a
public street; and
WHEREAS, said application was made to the City Council of the
City of Virginia Beach, Virginia, on ttle 21st day of May, 1973, and in
conformity with the manner prescribed by Code of Virginia, Section
15.1-364, for the conduct of such proceedings, the City Council of the
City of Virginia Beach, Virginia, on the 21st day of May, 1973, which '%Vas
more than ten d,@ys after posting notice of the intended application as
aforesaid, appointed George L. Hanbuiy , Charles C. Carrington
and William W. Fleming, Jr. -, as viewers to view such street and report
in writing whether in their opinion, any and if any, what.inconvenience
CATON & WRIGHT would result froin discontinuing tlie sarne, anci said viewers have made such
ATTORNEYS AT LAW
-.ACK. VA.
report to the City Council of the City of Virginia Beach, Virginia; and
WHEREAS, from such report and other evidence, and after
notice to the land proprietors affected thereby, along the street
proposed to be vacated, it is the judgement'of the City Council of the
City of Virginia Beach, Virginia, that these proceedings have been
instituted, conducted and concluded in the manner prescribed by Code
of Virginia, Section 15. 1- 364, that no inconvenience would result from
vacating and discontinuing the said street, and that the said street
should be vacated and discontinued;
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of Virginia Beach, Virginia:
1. That the following described street, in the Lynnhaven Borough,
in the City of Virginia 13each, Virginia, be, and the same hereby is. vacated
and discontinued:
ALL that certain 15 foot right of way, in Lynnhaven Borough,
in the City of Virginia Beach, Virginia, sho,,vn as 151 R. 0. W.
on that certain plat attached hereto entitled "Survey of Property
showing 151 R. 0. W., and ADJOINING LOTS, Map Book 16, page
63, Lynnhaven Borough-Virginia Beach, Virginia, Scale: i" =
30', March 31, 1973, " made by Bruce B. Gallup Certified Land
Surveyor. The said 15' R. 0. W. being 151 in width and running
from the south line of Laskin Road in a southerly direction a
distance of 183. 76t to the northern line of Lo" 10 Birdneck Acres.
2. This ordinance shau be in effect from and after thirty (30)
days from the date of its adoption.
3. A certified copy of this ordinance of vacation, together with
the plat attached hereto, shau be recorded as deeds are recorded, and
indexed in the name of the City of Vii,ginia Beach, Virginia, as grantor,
and in the name of Brown-Arris-Langhorne, Inc., as grantee, in the Clerk's
Office of the Circuit Court of the City of Virgini@t Beach, Virginia, at the
expense of the applicant, 13rowii-Arris-Latighorne, Inc.
Certified to be a true and exact copy of an ordinance, together
with the plat annexed thereto, adopted by the City Council of the City
of Virginia Beach, Virginia, at its regular meeting held on the day
of 1973.
TESTE: R. J. WEBBON, CITY CLERK
By
City Clerk
ITEM #6424
COUNCILMAN WATERFIELD RETURNS TO COUNCIL CHAMBERS
On motion by Councilinan Malboni seconded by Councilman Payne, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert ii. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, D. Murray Malbon, J. Curtis
PaYne, Donald H. Rhodes, ana Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman Clarence A. fiolland
City Council approved the following tax refunds in the amount of
$1,339.11:
70'. @ir. D le Birnson y ttot-IFL@-- . . I
Date September 28, 1973
FROM: fir. V. A. E-tlieridZc, Treasurer
CT; ApplicaLion for Tax Refulids:
.@-]4c=ticnz for rcound of tz%cs totaline: 215.14
tified for payment, as SUL fortli belo
A. Etheridee, Treasurer
rax/ I
Tax Type Datc
tion
..Ticket
Name Year of Ta.-, Paid Base alty
Number No. eEL
P, k of Chesapeak@ 1971 RE #37 542 5-21-73 8.oo .40 .7@
Beach Inc C/O 1/2 & 2/2 5-21-73 8.00 :40 .46 17.98
Garland M Layton
Park of Chesapeak@ 197.2 RE #39021 5-21-73 8-.39 .42 .22
Beach 'Inc C/0 1/2 & 2/2 5-21-73 8.39 42 17.84
Gailand M Layton
Park of Chesapeak? 1972 RE #39020 5-21-73 41.93. 2.10' 1.10
Beach Inc C/0 1/2 & 2/2 5-21-73 41.93 2.10 89.16
Garland M-Layton
Par@ of Chiisapea 1971 ... RE
Beach Inc C/o 1/2 & 2/'@ 5-2,1-73 39.98 15 .32 90.16
Garland M Layton
-ttiiin-7 fnr reftiiid.of t.v,q n.nr@@..I, Ah-,,@. t6talin@
,.)Vc anolic,
t CO,-,nc i I
TO: @4r. Dale B@L son CiLy Atto:"'@uv
Date September 28, 1973
RO-4: tir. V. A. E-tlieridge, Treasurer
CT. Application for Tax Refuiids:
feiictei-g z-.-Iicaticnz for r-fund of tzxcs totaling 458. 30
certified for payment, as seL forlti below:
cridee, Treasurer
f I
'y en-
ity
Name Ye:r --f 'PI ast
i, eer Lodge 1970 RE #38-699 12-2-71 70.73 3.54 4.46
4i/ ETC C/0 1/2 & 2/2 12-2-71 70.73 3@54 2.23 155.23
larence L Walk-e*
ioneer Lodge 1971 RE #39051 12xxxx=l Max m
412 ETC C/0 1/2 & 2/2 12-2-71 70.73 3.54
1-arence L Waike 6-12-73 70.73 3.54 4.46 153.00
ioneer Lodge 1970 RE #38100 12-2-71 34.44 1.72. 2.17
412 ETC 1/2 & 2/2 12-2-71 34.44' 1.72 1.09 75.58
i I
iopeer Lodge 1971 RE #39052 12-2-@l 34.44 1.72
1412 ETC 1/2 & 2/2 6-12-73 34.44 1.72 2.17 74.49
@cive noolic ;n.- f nr refittid. of t-.x,, n t6tal
C; L,, C(3,-,nc
To. i@ir. Dale Bimson City
Date September 27, 1973
FRCLII: tir. V. A. Etticridge, Treasurer
CT: Application foc Tax Rufutids:
follct44---, --pl-licat4-cn= fcr rc-@und of tax--a totaling S 80.62
certified for payment, as set fort'it below:
V. A. Etheridee, Tren.@urer
"Lax Exoner-I
Tax Type Date
..Ticket ation
Paid Base alt
)lame Year of Ta@ Number NO. y t
a s E Linquist 197 3- CD #10851 1-8-73 15.00
uke Const.Co 1972 RE #31241 6-10-72
1/2 & 2/: 12-1-72 22,58
uke Const Co 1971 RE #3 0112 5-12-71
l@2 & 2/ 12-6-71 21.52
uke Const Co 19701 RE #29527 5-14-70
1/2 & 2/- 12-5-70 21.52
-Ivc a f nr re(titid. of
ncil
TC: 'eir. Dale Bimson ---Cl--,Y-At!Fr-ney
D;kte October 2, 1973
- FROli: ?lr. V. A. E-ttierLdge, Treasure-r
CT: Application for Tax Ruiuitds:
14 fcr Of tax--z totaling 317.96
certified for payment, as sec forl[l below:
V.,A. Etheridee, Treasurer
/A
j:ax F'@ot, er - I
Tax Type Datc
..Ticket tion
Paid Base
- Name Year of Ta-2 Number No. alty est
i( aer Lodge 1412 1972. RE l@40558 1740 6-12-73 36.12 1.81 .14
TL 1/2 & 2/2 12-13-73 36.12 1.,81 76.00
ioneer Lodge 141Z RE 4@40557 1735 6-12-73 74.18 3.71 2.34
TC c/o Clarence L 1972 1/2 & 2/2 12-13-73 74.18 3.71 158.12
alke
homas William B. 1973 RE #051743-7 1750 6-20-73 83.84
Frances L. 1/2
/o W. E. Lutheran
yn
-lvc avolic;ttfans fn'r rcftttid.of t.,Cq t6tatin,
/-3/7
-TO: Mr. Dale Binson City A-.tcrncv
Date October 1. 1973
ROM: tir. V. A. E-tlicridge, Trcasurer
Application for Tax Reluilus:
f --ppliczticna for rcfund of taxcn totaling 'y 267.09
certified for payment, as set fort'll belo@ -
A. Etheri(Le, Transurer
Tax Type r.-,?r- Date
Name Year of Ta: ion Paid Base alty est
0.
I-Aire Inc c/o 1973. RE #00@801-7 6 -20-73 113.96
F. Wayne McLescey 1/2
tteson Burton J 1973 RE #033711-'- 6-20-73 80.16
nite H 1/2
lonial Group Inc,
pp Wayne R*&Ila 1972 RE #12018 5-19-72
1/2 & 2/-2 11-3-72 17.64
yner Johnny W -11973 RE YiD27662-4 6-14-73 28.80
1/2
eiL ... in Madge E 1972 -'R- E lfl7652 1-29-73 12.60 .63
1/2 & 2/ _19_ 73 12.60 .63 3
ave avolicntlt;nn fnr rectitid,of t.,vpq anmro@..I, Ah@,,,
Al@ Cot.,nc ii 6
CiLy AtL,,rtt,-y
ITEM #6425
COUNCILMAN HOLLAND RETURNED To COUNCIL CHAMBERS
On motion by Councilman Gardner, seconded by Councilman Malbon,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Doilald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: None
City Council authorized the City Manager to enter into a standard
water and sewer agreement with Norbeck Development Association for
Water Oaks Condominium project in the Bayside Borough
ITEM #6426
On motion by Councilman Ferrell, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: None
City Council approved the following Bingo/Raffle permit to Saint
Aidan's Episcopal Church.
ITEM #6426 (a)
On motion by Councilnian Ferrell, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: None
City Council approved tlie fo@lowing Bingo/Raffle permit to the
Virginia Beach Junior Women's Club.
ITEM #6426 (1))
On motion by Councilman Ferrell, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Clarence A. flolland, D. Murray
Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: None
City Council approved the following Bingo/Raffle permit to the
Princess Anne #8 F.O.P. - Ladies Auxiliary.
ITEM #6427
On motion by Councilman Waterfield, seconded by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert Ii. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: None
After rendering hundreds of man-hours of time to a recent commercial
activity, the auxiliary police of the City of Virginia Beach we-re
compensated with a $1500. check that failed to clear a local bank due
to insufficient funds. Therefore, City Council approved an appropriation
in the amount of $lsoo, to the auxiliary police with the understanding
that they will attempt to recover tlie funds previously mentioned, and
that any funds recovered will be repaid to the City.
ITEM #6428
Mr. Russell, Department of Social Services, informed Council that
the following rates cover drugs and medicine administered. Mr.
Russell further informed Council that the Clinic rates would remain
the same.
On motion by Councilman Payne, secorided by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert 11. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Clarence A. Ifolland, D. Murray
Malbon, J. Curtis Payne, Donald 11. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: None
Each year the Department of Social Services must enter into written
State-Local Hospitalization contracts for services rendered to
clients of the Social Services Department. Therefore, City Council
approved the following State-Local Hospitalization contracts and
authorized the City Manager to execute same:
ital Rates Proposed
72-73 73-74
Maryview Hospital No contract $68.58-'
DePaul Hospital $77.06 83.35
Conununity Mental Health Center
alnd Psychiatric institute 40.00 40.00
Norfolk General Hospital 75.54 80.40
*University of Virginia 75.50 81.28
Portsmouth General 57.92 65.20
Norfolk Community Hospital 5.3.39 52.78
Leigh Memorial Hospital 67.43 75.11
Medical College of Virginia 75.50 81.28
King's Daughters Hospital 77.06 83.35
General Hospi@l of Va. Beach 63-78 67.67
Louise Obici Hospital Being negotiated Being negotiated
Riverside Hospital 60.54
Hampton General Hospital 63.18
*Ceiling rate to be established by State Department of Welfare &
Institutions.
ITEM #6429
Mr. Grover C. Wright and Mr. James Pickrell appeared before City
Council regarding the Planning Commission's decision on the Sheen
property.
Mr. Pickrell stated that Mr. Wright's client does not have the right
to appeal to the Council, and stated that the Statutes under which
this is set up "provided only the owner or subdividor has the right
to appeal". Mr. Pickrell stated that Mr. Wright used the language
in the Zoning Board of Appeals Ordinance. The Zoning Board of
Appeals Ordinance does say "any agrieved party". Mr. Pickrell stated
he had brought this to the attention of the City Attorney, Mr. Bimson.
City Attorney Bimson stated that the Ordinance reads "that the owner,
subdividor or agent may appeal".
Mr. Wright stated the City Ordinance reads "that appeals from the
decision of the Planning Commission on matters covered in the
Subdivision Ordinance shall be to the City Council within thirty
(30) days from the date of decision", that's Section 9.4 of,the
Subdivision ordinance.
The City Attorney stated that the City Code section Mr. Wright was
referring to talks about Appeals and Decisions, and does mention
"Appeals and decisions of the Planning Commission on matters covered
in 9.1, 9.2 and 9.3. Section 9.1 does refer back to the owner or
subdividor, and in the past its always been the appeal between the
owner or subdividor and the:City. Tlie City has the right to appeal
it or the subdividor has the right to apl)eal it. But the Ordinance
is solid as far as any other person, that I know of.'$
Mr. Wright stated that such an instruction would mean that no one
in the area affected would have the right to bring it to your
attention at all.
Mayor Cromwell stated that in order not to damag-- the rights of
either parties - defer it for one week and discuss it with City
Attorney Bimson to determine whether it should properly be brought
before the Council.
Mayor Cromwell asked City Attorney Bimson if the City could legally
hear it? City Attorney Bimson informed (@ouncil that in order to
appeal this it has to be between the Subdividor and the City, therefore,
City Council cannot hear the appeal of Mr. Grover Wright.
ITEM #6430
On motion by Councilnian Ferrell, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: None
As October 22, 1973 is a Legal Holiday, City Council deferred the
Council Meeting until October 29, 1973.
ITEM #6431
Mr. Sam Houston, Jr. appeared before City Council in the matter of
a building permit and use permit in the subdivision of Ridgeley.
Mr. Houston claimed that the building permit, issued four days
before the expiration of the use permit had expired due to the failure
of the applicant to show reasonable evidence of intention to construct
multiple-family dwellings on the land so zoned prior to the expiration
of the use permit, and tliat proper action had not been taken by the
enforcement officer to assure cessation of any construction.
City Council requested the City Manager, together with the City
Attorney, to investigate this matter.
ITEM #6432
On motion by Councilman Waterfield, seconded by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Ciarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: None
City Council noted its intention to hold a closed meeting on Monday,
October 15, 1973, for the purpose of discussing items permitted for
discussion under Section 2.1-344, Subparagraph 1 and 6 of the Freedom
of Information Act of the Commonwealtli of Virginia.
ITEM #6433
City Council requested an informal briefing on Monday, October 15,
1973, concerning the Erosion Commission's request.
ITEM #6434
On motion by Councilman Ferrell, seconded by Councilman Callis,
and by unanimous vote, the meeting adjourned.
Richard J. Webbon, City Clerk Robert B. Cromwell, Jr., Mayor
City of Virginia Beach,
Virginia
October 8, 1973