HomeMy WebLinkAboutNOVEMBER 12, 1973
MINUTES OF THE HONOPABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
November 12, 1973
The regulat meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers in the Administration
Building, in the Borough of Pri@-icess Anne, on Monday, November 12,
1973, at 2:00 p.m.
The invocation was given by the Reverend H. F. Kirby, Foundry
Methodist Chur-ch, Virginia Beach, Virginia.
Councilm6n present: John A. Baum, Robert H. Callis, Jr., Vice Mayor
F. Reid..@in.. GeQrge.R. Fprr@, Charles W.- Clarence A.
Holland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes.
Councilmerx absent: Mayor Robert B. Cromwell, Jr., and Floyd E.
Waterfield, Jr.
ITEM #6492
On motion by Councilman Gardner, seconded by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor
F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A.
Holland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes
Nays: None
Absent: Mayor Robert B. Cromwell, Jr., and Councilman Floyd E.
Waterfield, Jr.
City Council approved the minutes of the Regular Meeting of October 29,
1973, and the reading of said Ntinutes dispensed with inasmuch as each
Councilman had a copy of the subject Minutes before him.
ITEM #6493
On motion by Councilman Ferrell, seconded by Councilman Gardner,
-and by recorded vote as follows:
I
Ayes:. Councilmen John A. Baum, Ro;eyt H.. Callis, Jr., Vice Mayor
F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A.
Holland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr., and Councilman Floyd E.
Waterfield, Jr.
City Council approved the minutes of the Regular Meeting of
November 5, 1973, and the reading of said Mi nutes dispensed
with inasmuch as each Councilman had a col)y of the subject
Minutes before him.
ITEM #6494
Vice Mayor Ervin announced that Council would take two items Out
of context, namely consideration of a resolution in which he would
introduce the rezoning of thirty-one (31) acres of property in the
Kings Grant area. The Vice Mayor indicated he would turn the gavel
over to Councilman Rhodes. The second item had to do with the
application of Jack P. DeBoer Associates in the Kempsville Borough.
Vice Mayor Ervin requested the City Attorney, Mr. J. Dale Bimson,
and the City Manager, Mr. Roger M. Scott, to give Council an up-
date on the matter which is covered in the resolution.
City Attorney Bimson advised that in 1964 the thirty-one (31) acres
in question had been zoned Multiple Residence (R-M) with the
stipulation that parcels of land indicated on the plat as A and B,
together with three one-half acre sites and a footbridge, be dedicated
and constructed.
The developer apparently did not provide the sites required, and
subsequently the development was sold. Homes have been built on
the sites A and B, @-the three One-half acre sites.
The City Manager advised that the present owner offered to dedicate,
in lieu of the commitment made by the previous owner, three one-half
acre sites or one - one and a half acre site for recreational purposes.
Mr. Harold S. Whitehurst, Director of Parks and Recreation, advised
Mr. Scott that the larger one and one-half acre Site would be more
acceptable for recreational plirposes.
City Manager Scott requested advice from the City Attorney as to
whether such an exchange, as proposed, would be legal. He was
advised that it would be legal. The decision as to whether t,
accept the proposition must be made by the City Council.
In the course of the discussion, it was discovered that dedications
shown on a plat as a condition of approval are not recorded until
development takes place, and usually not until building permits are
issued. This was cited as an apparent weakness in following thQ
mandates of the City Council.
City Attorney Bimson advised that in the matter before them that
they could take the action specified in the following resolution
or take no action, or thev could take the present developers offer
to dedicate land for recr@eational purposes similar in size to that
previously indicated, or Council could rezone the land to conform to
the character of the neighborhood. Any failure that may exist today
in complying with provisions of thz amen(Iment would not invalidate
the zoning ordinance.
Mr. Grover C. Wright, Attorney, representea residents Of the area
presented the objections of the residents to the construction of
multi-family units on the subject thirty-one (31) acres citing the
various factors contributing to the dissatisfaction of the residents
and concluded by requesting City Council to consider rezoning the
property to R-S 1 (Residence Suburban District 1).
Mr. H. Calvin Spain, Attorney, represent(-'d the owner of the property
cited that in April 1973, the property was zoned R-M as shown by
investigators for t4e l'itle Cuarantee Coripany. Development of the
subject property is not coiiditioried upon the other recreational
sites.
un motion Dy vice @iayor LTVin, secOnUeU Dy uotinciiman uaraner,
and by recorded vote as follows:
Aye5: Councilmen John A. Baum, Vice Mayor F. Reid Ervin, Charles
W. Gardner, D. Murray Malbon, and Donald H. Rhodes.
Nays: Councilmen Robert Ii. Callis, Jr., George R. Ferrell,
Clarence A. Holland, and J. Curtis Payne.
Absent: Mayor Robert B. Cromwell, Jr., and Councilman Floyd E.
Waterfield, Jr.
City Council adopted the following Resolution:
-BE IT RESOLVED that the City Cou@cil of the City of
Virginia Beach, Virgin*ia, pursuant to the authority contained in
Code of Virginia 1950, as amended, Sections 15.1 - 491 and 493,
and the Zoning Ordinanc-er of the City of Virginia Beach, Virginia,
adopted pursuant thereto, does hereby initiate an amendment and
change to the City Zoning Ordinance to amend the district maps and
the classifications of the following property so as to change the
Zoning classification thereof from R-M (Multiple Family Residence
District) to R-S I (Residence Suburban District 1) or, in the event
the new Comprehensive Zoning Ordinance of the City of Virginia Beach,
Virginia, adopted October 29, 1973, shall become effective prior to
consideration of the proposed amendment by the Planning Commission
or this Council, so as to change the zoning classification from
A-1 Apartment District to R-2 Residential District, and
BE IT FURTHER RESOLVED that such proposed amendment be
and is hereby referred to the Planning Commission of the City of
Virginia Beach, Virginia, for its @ecommendations thereon after
public hearing thereon after notice as required by Code of Virginia,
Section 15.1 - 431, including newspaper publication and notice to the
owner of the parcel involved and to the owners of al@@ abutting
property and property immediately across the street from the below
described affected property.
The parcel of land to be rezoned is described as follows:
Certain property in the subdivision of Kings Grant, Part
2. Beginning at the Northern intersection of North Plaza Trail and
Kings Lake Drive, having a depth of 1768.62 feet along the Eastern
property line, a width of 2069.29 feet along the Northern property
line (branc of Lynnhaven River), a deptli of 872.27 feet along the
Western property line (Kings Lakc), and a width of 1518 feet along
the Southern property-line (Kings Lake). Containing 30.75 acres,
ITEM #6495
Application of lack P. DeBoer Associates for Chanaes of 7oning from Residence
Suburban District 4 (R-S 4) to t@-ultiple Family- 7@--.gei7ce )@strict (R-,,i) on
Parcels 1, 2. 4 and fron, Limited Cornercial District I (C-L 1) to tlultiple
Family Residence District (R-fl) on Parcel 3 and a Use Permit to construct 456
apartment units on the entire tract of 25.511 acres@ecin-ninq at a point 830
feet i-iorth of Providence Road and runninq a distance o@ 513.@3 feet alonq the
West side of Kempsville Road, running a distance of 1093 feet along the South
side of Locke Lane, running a distance of 1300 feet nore or less along the East
side of Lord Dunmore Drive and running a distance of 1725.51 feet along the
Southern property line.
Parcel 1: Change of Zoninq from R-S 4 to R-11: Beginning at a point S86.61 feel,
West of Kempsville Road, running a distance of 60 feet along the East side of
Lord Ounmore Drive, and runninq a distance of 520 feet along the Southern proper'--
line. Said parcel is triangular in shape and contains 0.447 acres more or less.
Parcel 2: Change of Zoning from R-S 4 to R41: On certain property located at
the Southwest corner of Kempsville Road and Locke Lane, running a distance of
410 feet along the West side of Kempsville Zoad, running a distance of 4'9 feet
more or less along the South side of Locke Lane, running a distance of 490 feet
more or less along the,',4istern property line and runninq a distance of 640 feet
more or less along the Southern property line. Said parcel contains 4.36 acres
more or less.
Parcel 3: Change of Zoning frorn C-L I to R-@l: Beqinning at a point 830 feet
tiorth of Providence Road, runiiing a distance of 110 feet more or less along the
West side of Kempsville Road, running a distance of 1587 feet wre or less along
the tlorthern property line, running a distance of 2(,0 feet alonq the Western
property line and running a distance of 1653.51 fect along the Southern property
line. Said parcel contains 8.36 acres more or less.
Parcel 4: Change of Zoninq from R-S 4 to R-M: Beginning at a point 340 fect mc,@-
or less South of Locke Lane, running a distance of 970 feet more or less alona L
East side of Lord Dunmore Drivc, running a distance of 90 feet alon(i tiie Soutber-,
property line and runninq a distance of 910 feet i,,,ore or less alonp the Eastern
property line. Said parcel is trianqular in shape and contains 1.51 acres more
or less. Plats with more detailed information are available in the -@partment of
City Planning. (Fairfield l,rea). KE@IPSVILLE
Planning 'Uommission Reconmndation
A notion by the Planning Coniiission was passed for anproval of this request sub-
ject to tlie following:
1. Modification fro,.n 456 apartriont units to 433 apartment units (39.5 one-
bedroom units, 70 two-bedroom units and-38 three-bedroori units); the applicant
sliall submit a lettl@r to tlie Planning Pepar-cment for "he file relative to the
committment for tlie breakdo,...,n of bedroom units.
2. A 30-foot buffer stri.n shall be @,,iaintained around t,@p peripiiery of the
R-M zone and that a 4-foot high bcrl with a 3:1 slope be provided at all points
where parking lots abut t@le R-S 4 zone.
3. Standard site plan requirements shall incl-ude:
a. Installation of sidewalks along all rights of way including Kcmps-
ville Road.
b. Entrances shall align opposite street connection to permit safe traf@
flow.
c. Signal shall be provided at Kempsville Road if and when required by
Department of Community Services. (Engincerinq)
4. Property is servcd by 20 incii city watc,.r and 16 inch liRSD force main or,
r,empsville Road; putiping required; water and sevier line fees required; and sta!il
viater and seiier agreci;ients required. (Pu!)lic I'tilities)
5. City water and sewnr. (;Iealth DQpartiicnt)
6. Developer shall provide recreation facilitils as shotqn on site plan; to',@
lots should be r.,O feet by 50 fect t,,iininum and free of physical impediments or
engineering clianoes. (Parks and @@Lcr('ation)
7. The applicant shall be re,juircd to participatp in school site purchase,
in the aiiouiit of IzlG,Illl.04; tiiis firure is bas(,d on tiie request for 305 one-
bedroom, 84 tvio-bedroori and 63-thrce bc-droon apartments and may be adjusted at
the time the building p2rnit is issued to reflect any c@lanles, (School Board)
Mr. Thomas Broyles, Attorney, appeared representing the applicant
and presented petitions to the City Council.
Mr. Jerry Adams appeared on behalf of the application
Mr. W. W. Reasor, owner of the property, appeared on behalf of the
application.
Mr. R. M. McClenny, appeared in opposition to the above application,
and also presented petitions from the residents in the area.
Councilman Rhodes made a motion, seconded by Councilman Ferrell, to
approve the above application with amendments, where necessary, to
change it all to R-M classification with a density of no more than
12 units per acre, which would be the A-1 classification under the
new CZO,,and also with the recommendations-of the Planning Commission
with the exception of.item number one, and by recorded vote as
follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor
F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A.
Holland, D. Murray mal-b6n, J. Curtis Payne, and Donald H. Rhodes.
Nays: Nor,.e
Absent: Mayor Robert B. Cromwell, Jr., and Councilman Floyd E.
Waterfield, Jr.
City Council approved the above application of Jack P. DeBoer, as
amended, for Changes of Zoninq from Residence Suburban District 4
(R-S 4) to Mu tiple Family Re;idence District (R-M) on Parcels 1,
2, 4 and from Limited Commercial District 1 (C-L 1) to Multiple
Family Residence District (R-M) on Parcel 3 and a Use Permit to
cons"ruct 456 apartment @,inits on the entire tract of 25.511 acres
beginning at a point 830 feet North of Provilence Road and running
a distance of 513.73 feet along the West side of Kempsville Road,
running a distance of 1093 feet along the South side of Locke Lane,
running a distance of 1300 feet more or less along the East side of
Lord Dunmore Drive and running a distance of 1.725.51 feet along the
Southern property l,ine.
Parcel 1: Change of Zoning from R-S 4 to R-M! Beginning at a point
5'.6.@.1 feet ','es-, of -empsv-'Ille Road, runni-ng a di.stance of 60 feet
along the East side of Lord Dunmore Drive, and running a distance of
520 feet along the Southern property line. Said parcel is triangular
in shape and.@contains 0.447 acres more or less.
Parcel 2: Change of Zoning from R-S 4 to R-M: On certain property
located at the Southwest corner of Kempsvj-lle Road and Locke Lane,
running a @-is-lance o" 41-. feet along the West side of Kempsville
Road, running a distance of 420 feet more or less along the South
side of Locke Lane, running a distance of 490 feet more or less
along the Western property line and runnilig % distance of 640 feet
more or less along the Southern property line. Said parcel contains
4.36 acres more or less.
Parcel 3. Change of -on-ng -rom C-L 1 to R-M: Beginning at a point
830 feet North of Providence Road, runnina. a distance of 110 feet
more or less along the West side of Kempsville Road, running a
distance of 1587 feet more or less along the Northern property line,
running a distance of 260 feet along the Western Droperty line and
running a dista,-,ce of 1-@53.51 I-eet along the SoutYiern property line.
Said parcel contains 8.36 acres more or less.
Parcel 4: Change of Zoning from R-S 4 to R-M: Beginning at a point
340 feet more or less South of Locke Lane, running a distance of 970
feet more or less along -,he East side of Lord Dunmore Drive, running
a dis-@ance o@- 90 I-ee-I along the Southern property line and running a
distance of 910 feet more or less along the Eastern property line.
Said parcel is triangular in shape and contains 1.51 acres more or
less. Plats with more detailed information are available in the
Department of City Planning. (,-airfield Area). Kempsville Borough.
Approval is subject to the following stipulations:
1. Modified to 12 units per acre.
2. A 30-foot buffer strip shall be maintained around the
periphery of the R-M zone and that a 4-foot high berm with
a 3:1 slope be provided at all poin-'s where parking lots abut
the R-S 4 zone.
3. Standard site plan requirements shall include:
a. Installation of sidewalks along all rights of way
including Kempsville Road.
b. Entrances shall align opposite street connection to
permit safe traf@-ic flow.
C. Signal shall be provided at Kempsville Road if and when
required by the Department of Community Services. (Engineering)
4. Property is served by 20 inch city water and 16 inch HRSD
force main on Kempsville Road; pumping required; water and
sewer line fees required; and standard water and sewer
agreements required. (Public Utilities)
5. City water and sewer. (Health Department)
6. Developer sba.11- provide recreation facilities as shown
on site plan; t-ot-lots should be 50 feet by 50 feet minimum
and free of physical impediments or engineering changes.
(Parks and Recreation)
7. The applicant shall be required to participate in school
site purchase, in the amount of $16,121.04; this figure is
based on the request for 305 one-bedroom, 84 two-bedroom and
68 three-bedroom apartments and may be adjusted at the time
the building permit is issued to refl-ect any changes. (School
Board).
8. Parking ratio of 1.5 spaces per unit.
ITEM #6496
A-plication of H. Herrick for a Chanae of ZLo,,nin from Residence Duplex District 2
i-tr,H
'rR-D 2) and @lultiple Family Resijence Di t to Lipiited Cornmercial Dis-
trict 3 (C-L 3) and a Use Permit tO construct 28 motel units on certain property
beginning at a point 5T8.9 0 t 'fest of Jade Str(@et (foraierly Jordan Street)
running a distance of 49.91 feet alonq the North si c of Page Avenue, running
a distance of 499 feet along the East d
e),n propert@, ],,tie, running a distance of
55 feet along the Northern property line and runring a distarice of 493 feet
along the Wes-Lern roperty line.
p Said parcel cor'Lains 0.6 acres more or less.
(Lynnhaven Shores Area). LYNNHAVEN BO,@ouv.
Planning COmmission Reconimendation:
A motion by the Planning CO"I'lission was passed for approval of this r,equest subject
to the follolving:
1. The final site plan shall indicate a 30-foot setback from the right of way
line.
2. Standard site Plan requil@ements to include:
a. Sidetialks,'Curb and gutter, Pavement widening and storm drains as
necessary along Page Aven,,.
b. All storm drainage on the site shall be directed to the Chesapeake Bay.
C. Virginia Beach City standard bulkhead with a top elevation of 12 f,,t
is to be constructed alon tlie 6-xoot con-Lour and sfiall conform to the bulkhead
alignment aigng this se@t?
ion of tile Chesapeake Bay. (Engineering)
3. Connection to 16-inch wa-Ler main on Shore Drive and pa@,ticipation in sewer
SYStem which is presently under design. Water and sewer agreements required.
(Public Utilities)
4. CitY water and sL'@,iLIr. ([lea l th)
5. Participation in school site purchase in the amount of $1,499.12. This
figure is based on the request for 2.0 condomiriium units and i@lay be adii)sted at
the time the building permit is issued to reflcct any changes. (School Board)
COUNCILMAN FERRELL LEFT THE COUNCIL CHAMBFRS
Mr. H. Herrick appeared for his application
On niotion by Councilman Gardner, seconded by Councilman Malbon, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor
F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, and Donald H. Rhodes.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr., Councilmen George R. Ferrell,
and Floyd E. Waterfield, Jr.
City Council approved the above application of H. Herrick for a Chanqe
of Zoning from Residence Duplex District 2 (R-D 2) and Multiple Family
Residence'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 feet 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 Eastern property line, running
a distance of 55 feet along the Northern property line and running
a distance of 493 feat-a7lonq the Western property line. Said parcpl
contains 0.6 acres more or less. (Lynnhaven Shores Area). Lynnhaven
Borough: Approval is si-ibject to the foll(Dwing stipulations:
1. The final site plan shall indicate a 30-foot setback from the
right of way line.
2. Standard site plan requirements to inclilde:
a. Sidewalks, curb and gutter, pavement widening and storm
drains as necessary along Page Avenue.
b. All storm drainage on the sit-e 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 alignment along this section of the
Chesapeake Bay. (Enqineering)
3. Connection to 16-inch water main on Shore Drive and participation
in sewer system which is presently i,inder design. Wa-ler and sewer
agreementS required. (Public Utili-ies)
4. City water and sewer. (Health)
5. Participatioii in school site purchase in the amourit of $1,499.12
This figure is based on the request for 28 condominiLIM units and
may be adjusted at tlie time the building permit is issued to reflect
any changes. (School. Board)
6. The requirements under the CZO as it pertains to the B-4
district to be incli-ided.
ITEM #6497
Application of H. Thomas Fennell, John Paul C. Hanbury, Holt W. Butt, Jr., for a
Chang@ of Zoninq from Residetice Duplex Distrirt 2 (P,-D 2) to Limited Corrimercial
Distric@3 C@-L-3) on certain propprty located on the ':orth@,icst corner of General
Booth Boulevard and Prospprity @oad, running a distance of 183.61 feet alona the
West side of General Cooth Boulevard, runnina a distance of 164.90 feet alonq the
Souttiern property line of @,ihich 100.90 feet is tlie @lorth side of Prosperity Road,
running a distance of 238.61 feet alonq the t,.Iestern proper+ly line and runninq a
distance of 58.80 feet along the I'lorthern proolrty line. Said parcel contaitis
0.5 acre. (Red Wing Park Area). PRTNCESS BOROUGH.
Planning Connission Recoiiiniendation:
A motion by the Planni q Coifliiiission was passed for denial of this request as it
is their determitiatioi @lhat there is adequate tindeveloped com,@iercial zoning in
the area to serve existing land uses.
ner, a
On motion by councilman Payne, seconded by Councilman Gard nd
by recorded vote as follows:
Ayes: Coun-ilren John A. Baum, Robert H. Callis, Jr., Vice Mayor
1:
P. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, and Donald H. Rhodes
Nays: None
Absent: Mayor Robert B. Cromwell, Jr., Councilmen George R. Ferrell,
and Floyd E. Waterfield, Jr.
City Council denied the above application of H. Thomas Fennell, John
Paul C. Hanbury, Holt W. Butt, Jr., for a Chanqe of Zoning from
Residence' Duplex District 2 (R-D 2) to Limited Co ercial- District 3
(C-L 3) on certain property located on the Northwest corner of General
Booth Boulevard and Prosperity Road, running a distance of 183.61 feet
along the West side of General Booth Boulevard, running a distance of
164.90 feet along the Southern property line of which 100.90 feet is
the North side of Prosperity Road, running a distance of 238.61 feet
along the Western pro@erty line and running a distance of 58.80 feet
along the Northern property line. Said Parcel contains 0.5 acre.
(Red Wing Park Area). Princess Anne Borough. The application was
denied as there is adequate undeveloped @@ommercial zoning in the
area to serve existing land uses.
ITEM #6499
Application of Willie H. Valentine, Jr.. for a trailer variance on certain property
beginning at a point 525 feet East of Ba"s Poad and running a distance of 52 feet
along the South side of Pearl Street, running a distance of 98.9 feet along the
Eastern property line, running a distance of 52 feet alonq tlie Southe-rn property line
and running a distance of 98.9 feet along the Western oroperty line. Said parcel
contains 5142.8 square feet. (Variance frori 2500 feet to 160 feet more or less
from the nearest dwelling). (Surton Station Area). BAYSIDE BOROUGH.
Planning C@. ssion Recorrendation:
A motion by the Planning Commission was passed for approval of this request for a
period of one year.
On motion by Councilman Holland, seconded by Councilman Rhodes, and
by recorded vote as follows:
Ayes: Councilmen John-A. Baum, Robert H. Callis, Jr., Vice Mayor
F. Reid Ervin, Charles W. Gardner,-Clarence A. Holland, D. Murray
Malbon, J. Curtis Palvne, and Donald H. Rhodes.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr., Councilmen George R. Ferrell,
and Floyd E. Waterfield, Jr.
City Council approved the above application of Willie H. Valentine, Jr.,
for a trailer variance on certain property beginning at a point 525
feet east of Barrs Road and running a distance of 52 feet along the South
side of Pearl Street, running a distance of 98.9 feet along the Eastern
property line, running a distance of 52 feet along the Southern property
line and running a distance of 98.9 feet along the Western property line.
Said parcel contains 5142.8 square feet. (Variance from 2500 feet to 160
feet more or less from the nearest dwelling). (Burton Station Area).
Bayside Borough. Approval is for a period of two years.
ITEM #6501
Application of Harvey Shiflet and Michael Andrassy by Grover C. Wriqht, Jr., for
a Change of Zoninn fro-m Retail business District (8-1) to ?,,otel Hotel District
(M--HT-a7nd-a Us-e P-ermit to construct 150 apartmnt units on certain property located
7 c of 34th Street extending between Atlantic Avenue and Pacific
on the South sid
Avenue, running a distance of 302 feet along the East side of Pacific Avenue, runn-
ing a distance of 258 fect alotig the Soutfiern property line of which 113 feet is the
florth side of 33rd Street, running a distance of 302 feet along the Eastern pro-
perty line of which 200 feet is the West side of Atlantic Avenue. Said parcel
contains 1.4 acres. VIRGI.ilA BEACH BOPOUGH.
Planning Commission Recomendation:
A motion by the PlanDing-Commission was passed for approval of this request subject
to the following:
1. A mddification from 150 apartment units to 87 apartment units.
2. Parking shall be provided as required In Motel-tiotel Ordinance Amend-
ment. (Planning)
3. Ingress and egress be limited to 33rd and 34th Streets. (Planning)
4. Water and sewer line fees shall be required. (Public Utilities)
5. Applicant shall be required to participate in scl,@ool site purchase in the
amdunt of $11,721.30. This fi@.ure is based on the request for 105 two-bedroom
and 45 three-bedroom apartnents and may be adjusted at the time the building
,_pemit is issued to reflect any chanqes. (School Bmrd)
6. Standard site plan requireri*nts to include r-urb and gutter and side-
walk where required. (Engineering)
Mr. Grover C. Wright, Jr., Attorney, represented the applicant.
Councilman Callis made a motion, seconded by CouncilTnan Payne, to
approve the above application of Harvel Shiflet, Councilman Gardner
offered a substitute motion, seconded by Councilman Baum, to approve
the above application of liarvey Shifiet tY modifying the nur-iber of
units from 150 to 50 apartment units, and I by recorded vote as follows:
Ayes: Councilmen John A. Baum, Vice Mayor F. Reid Ervin, Charles W.
Gardner, and Clarence A. Ilolland.
Nays: Councilmen Robert Ii. Cal-lis, Jr., D. Murray Milbon, J. Curtis
Payne, and Donald H. Rhodes.
Absent: Mayor Robert B. Cromwell, Jr., and Councilmen George R.
Ferrell, and Floyd E. Ilaterfield, Jr.
The substitute motion was lost due to a @ie vote
ITEM #6501 (a)
City Council then voted on the main motion which was to approve the
above application of liarvey Shiflet, with the recommendations of the
Planning Commission:
Ayes: Councilmen Robert H. Callis, Jr., Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, and Donald H. Rhodes.
Nays: Councilmen John A. Baum, Vice Mayor F. Reid Ervin, and Charles
W. Gardner
City Council approved the above application of Harvey Shiflet and
Michael Andrassy by Grover C. Wright, Jr., for a Change of Zonin@
from Retail Business District (B-1) to Motel Hotel r)igtridt -
and a Use Permit to construct 150 apartment units on certain property
located on the South side of 34th Street extending between Atlantic
Avenue and Pacific Avenue, running a distaiice of 302 feet along the East
side of Pacific Avenue, running a distanc@ of 2S8 feet along the
Southern property lime of which 118 feet is the North side of 33rd
Street, running a distance of 302 feet along the Eastern property
line of which 200 feet is the West side of Atlantic Avenue. Said
parcel contains 1.4 acres. Virginia Beach Borough. Approval is
subject to the following stipulations:
1'. A modification from 150 apartment units to 87 apartment
units.
2- Parking shall be provided as required in Motel-Hotel
Ordinance Amendment. (Planning)
3. Ingress ana' egress be limited to 33rd and 34th Streets.
(Planning)
4. Water and sewer line fees shall be required. (Public
Utilities)
S. Applicant shall be required to participate in school site
purchase in the amount of $11,721.30. This figure is based
on the request for 105 two-bedroom and 45 three-bedroom
apartments and may be adjusted at the time the building peripit
is issued to reflect any changes. (School Board)
6. City Council authori.zed the Planning Director, upon
request to indicate the subject property as 11-2 under the
new Master Zoning Ordinance
ITEM #6502
Application of 1300 Ocean Front, Inc., by Grover C. 'Irinlt, Jr., Attorney, for
a Use e@m.-Lt to construct 43 arart,7,ent uiiits on certain pror)crty locatt@d at
thb ri'ortheast corner of 13th SErect and Ptlantic Avenue, running a distance of
140 fect alonq the East side of Atlantic Ivenue,-runninq a distarice of , f et
1, 19) C
along the ;iorih side of 13t'i Street, runninq a distance of 140 fect alonq the
Eastern property line and runninq a distance- of 150 f,,ct alona the @lorthern
property line. Said parcel contains 21.000 square feet. VIRCIT@IA BEACH
BOROUGH.
Planning Comnission Recommendation:
A motion by the Planning Cori@tission was passed for approval of this requlst
subJect to tlie follo,.,Iinn:
1. A modification from 48 apartrent units to 26 apartrent units.
2. Parking stiall bL, provid--d as required in @7otel-Potel Ordinance
Amendment. Only one curb cut viill be allo@qed on Atlantic Av@nue. (Planning)
3. Standard sitt,. plaii requireleiits; ei)trarict, at end of 13'6h StrLLt and
One entrance on 'tlantic @%vfnue. (rL'rigineerinti)
4. Wator and se@4er line fees rcquir(,d. (Pu@)lic Utilitio-S)
S. Applicant shall be required to Partici,)ate in school site Purchase in
the ar-lount of -)1743.76. This fi@LirL, is based ort tF,@f-I request for @ onp.-L@edroom
and 46 two-fjcdrooin aparti@nts and ;@y iie adjust,,d at t@IL, ti7.ic tf,L, building
pemit is issud to refllct atid ct!annes. (Scliool Board)
Mr. Grover C. Wright, Jr., Attorney, requested withdiawal of the
above application.
On motion by Councilman Gardner, seconded by Councilman Callis, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor
F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, and Donald H. Rhodes.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr., and Councilmen George R.
Ferrell and Floyd E. Waterfield, Jr.
City Council approved the withdrawal of the above application of
1300 Ocean Front,'Iricorporated, by Grover C. Wright, Jr., Attorney,
for a Use Permit to construct 48 apartment units on certain property
locate at t e Northeast corner of 13th Street and Atlantic Avenue,
running a distance of 140 feet along the East side of Atlantic Avenue,
running a distance_ o-f-150 feet along the Nortli side of 13th Street,
running a distance o@ 140 feet along the Eastern property line and
running a distance of 150 feet along the Northern property line.
Said parcel contains 21,000 square feet. Virginia Beach Borough.
ITEM #6503
Application of T. E. Hurley for a Use Pamit to construct 9 apartment units on cer-
tain property located at tlie "Jorth@si co-rner of 22nd Street and Baltic Avenue,
running a distance of 70 feet along the ilorth side of 22nd Street, running a dis-
tance of 130 feet along the @@-ast side of Baltic ,',Venue, runniyig a dis'6ance of 70
feet along the iorthern property line, runninn a distance of 130 feet alonq the
Eastern property line. Said parcel contains 6100 square feet and is known'as Lots
29 and 31, Block 54, Plat ti'o. 7, Virginia Beach Developmnt Co. VIRGI,@IIA BEACH
BOROUGH.
Planning Commission Recor@inendation:
A mdtion by the Planning Coimission was passed for approval of this request sub-
ject to the following-
1. Wdification from 9 apartment units to 8 apartment units with 8 parking
spaces. "
2. Entrance into the project shajl be from Baltic Avenue. (Planning)
3. Standard site plan requirenents to lr,.clude sidewalks, curb, quttcr, pave-
ment widcning and storn! drains as necessary along froiitaqe on all adjoinina riahts
of @lay; the L'O-foot alley to tiie nortii of tii.@ site is to @c asp@alt r)avld alolq
tiie froritage of the siie @4itti ctirbinci and adequately sizcd stonn drainage; there
Is to be no entrance on 22nd Strcet. (Encineerina)
4. Water and sewer line fees are required.- (Public Utilities)
S. City water and sewer. (Health)
G. The applicant shall be required to particina+le in scilool site purchase
In the amount of $36.54; this figure is based on tne request for 9 one-bedroom
apartmerits and may be adjusted at th,, ti.,ne t@ ruilding Pomit iS issued to
reflect any changes. (School Board)
Mr. Basnight represented the application
On motion by Councilman Callis, seconded by Councilman Gardner, and
by recorded vote as follows.-
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor
F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, and Donald H. Rhodes
Nays: None
Absent: Mayor Robert B. Cromwell, Jr., and Councilmen George R.
Ferrell and Floyd E. Waterfield, Jr.
City Council approved the above application of T. E. Hurley for a
Use Permit to construct 9 apartment units on certain property
locateT a-t the Northeast corner of 22nd Street and Baltic Avenue,
running a distance of 70 feet along the North side of 22nd Street,
running a distance of 130 feet along the East side of Baltic Avenue,
running-a distance of 70 feet along the Northern property line,
running a distance of 130 feet along the Eastern property line.
Said parcel contains'9100 square feet and is known as Lots 29 and
31, Block 54, Plat No. 7, Virginia Beach Development Company.
Virginia Beach Borough. Approval is subject to the following
stipulations:
1.-., Modification from 9 apartment units to 8 apartment units
with 8 parking spaces.
2. Entrance into the project shall be from Baltic Avenue.
(Planning)
3. Standard site plan requirements to include sidewalks, curb,
gutter, pavement widening and storm drains as necessary along
frontage on all adjoining rights of way; the 20-foot alley to
the North of the site is to be asphalt paved along the frontage
of the site with curbing and adequately sized storm drainage;
there is to be no entrance on 22nd Street. (Engineering)
4. Water and sewer line fees are required. (Public Utilities)
S. City water and sewer. (Health)
6. The applicant shall be req.uired to participate in school
site purchase in the amount of $36.54; this figure is based
on the request for 9 one-bedroom apartments and may be adjusted
at the time the Building Permit is issued to reflect any changes.
(School Board).
ITEM #6504
Application of T. E. Hurley for a Chanqe of Zoriinn frol @esidence Suburban District 4
(R-S 4) to Residence Duplex Distri-c@-f-TR--Fl -2@on ccrtain ,ror)crtv located on t@@
;'@orthwest corner of Lavercne La;ie and coutherri Loulevard ('tinirlrro@ted),a
distance of 104.62 feet ajong thL, '-',.St side of Lavergne Lane, runnilq a distance of
121.60 feet along the @iorth side of Southr.,rn
,Oulcvard (unir.,i)roved), runninri a dis-
tance of P,1.93 fect alon,7 tlie 'v'ostern propcr'Ly
Iiiie, and runnina a distance of I',
feet along the iorthern proper@v line. Said parcel is kno,,-,,n as 'Lot 14, '.lest Oceana
Gardens and contains 11,400 square feet more or less. (llest Oceana Gardens Area).
LY@@l@'4HAVEt4 BOPOUG[l.
Planning Co.,MMission Recormndation:
A motion by the Planning Commission was passed for approval of this request sub-
Ject to the following:
1. Standard site plan revicti. (Engineering)
2. A 10-foot drainage easenent is required ilong the viestern property line.
(Engineering)
3. Vlater and sewer line fees required. (Public Utilities)
4. . City viater and sev!er. (@lealth)
5. t%pplicant shall be required to participate in the school sitf'- acquisition
fund. (Scliool Board)
On motion by Councilman Malbon, seconded by Councilman Rhodes, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor
F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, aiid Donald H. Rhodes
Nays: None
Absent: Mayor Robert B. Cromwell, Jr., and Councilmen George R.
Ferrell, and Floyd E. Waterfield, Jr.
City Council approved the above application of T. E. Hurley for a
Cha@ of Zoning from Residence Suburban District 4 (R-S 4) to
-D 2) on certain property located on
'lie
Re ,r,ce Dupiex District 2 (R
the Northwest corner of Lavergne Lane and Southern Boul6vard (unimproved),
running a distance of 104.62 feet along the West side of Lavergne
Lane, running a distance of 121.60 feet along the North side of Southern
Boulevard (unimproved), running a distance of 84.93 feet along the Western
property line, and running a distance of 120 feet along the Northern property
line. Said parcel is known as Lot 14, We st Oceana Gardens and contains
11,400 square feet M'Ore or less. (West Oceana Gardens Area). Lynnhaven
Borough. Approval is subject to the following stipulations:
1. Standard site p.lan review. (Engineering)
Z,. A 10-foot drainage easement is required along the western
property line. (Engineering)
3. Water and sewer I.ine fees required. (Public Utilities)
4. City water and sewer. (Health)
S. Applicant shall be required to participate in the school
site acquisition fund. (School Board)
6. City Council authorized the Planning Director, u@on
request, to indicat-e the subject property as R-H under
the new Master Zoning Ordinance.
ITEM #650S
Application of Dm)e Corporation for a Chanie of 7oninq fro@n Retail Business District
(B-]) to tiotel-Holel District (i@i-ii) and a-i)se-@Ic iit to const@ruct 143 motel effi-
ciency units and a Use Pemit to operate g!-,(f i-f,.o- s@, clothing and boutique shops,
restaurants, beaut@aid-@rio-nal care establisii-.ents, book, stores and tourist re-
tail shops. travel agcncy and convenience finance services, private club, health
club. drug store, professional service es-Lablishmnts and live entertainoielit as
a subsidiary use to the Do4-,ie liotal, on certain prope-.rty located on tile 'L-ast side
of Pacific betvicen 19th Street.and '@'Oth Street, running a distance of
280 fect along the -Last side of Pacific Avenuc, and running a distanc@ of 150
fedt along tV@e Soutli side of 20th Street, runninn a distancp of 28() fer-,t alonj
the -castern property line and running a distance of 150 fect along t@;c Southern
property line of wliicil 125 fect is t!ie i7ort@i sidc, of l@t@i Street. Said parcel
is known as Lots 19, 19, 20, 21 and 22 and titLI western half of Lot 17, Block 41,
Plat of Virginia Beach 'Llevelopnent Co. and contalns 38,500 square feet.
VIRGIII'IA BEACH BOROUGH.
Planning Conviiission RecorFnendation:
A motion was passed by the Planning Commission for approval of this request sub-
Ject to tile follo,,Iing:
1. Standard site plan revi&..4. (,-ngitleering)
2. t@o rilore than t@...o curb cuts sliall be allo@,.,Td on Pacific Ave.')ue. (Planninl)
3. Off-street narking sliall be provided at the rate of one space per unit Dius
one square foot of parkinq area per square foot of conjunctive subsidiary retail
business use. (Planning)
4. Water and sewer line fees required. (Public Utilities)
Ikobert L."Simpson, Attorney, repre@eii-o(l tlie applicant.
On motion by Councilman Nialbon, seconded I)y Councilman Callis, and
by recorded vote as follows:
Ayes:' Councilmen Robert H. Callis, Jr., ilarence A. Holland, D.
Murray Malbon, J. Curtis Payne, and Donal,l H. Rhodes.
Nays: Councilmen John A. Baum, Vice @layo- F. Reid Ervin, and Charles
W. Gardner.
Absent: Mayor Robert B. Cromwell, Jr., and Councilmen George R.
Ferrell and Floyd E. Waterfield, Jr.
City Council approved the above application of Dome Corporation for
aoCh e o; Zo from Retail Business District (B-1) to Motel-
telnf@l_ an a U
H R " se Permit to construct 143 motel efficiency units
and a Use Permit t operate gift shops, clothing and boutique shops,
restaurants, eauty and personal care est;lblishments, book stores
and tourist retail shops, travel agency aiid convenience finance
services, private club, health club, drug store, professional service
establishments and live entertainment as i subsidiary use to the Dome
Hotel, on certain property located on the East side of Pacific Avenue
between 19th Street @nd 20tli Street, running a distance of 280 feet
along the East side of Pacific Avenue, running a distance of 1SO feet
along the South side of 20th Street, ruiining a distance of 280 feet
along the Eastern property line and runni@ig a distance of 150 feet
along the Southernpr@perty line of which 12S feet is the North side
of 19th Street. Said parcel is known as Lots 18, 19, 20, 21 and 22
and the western half of Lot 17, Block 41, Plat of Virginia Beach
Developnent Company and contains 38,500 square feet. Virginia Beach
Borough. Approval is subject to the foll,)wing stipulations:
1. Standard site plan review. (Engineering)
2. No more than two curb cuts shall be allowed on Pacific
Avenue. (Planning)
3. Off-street parking shall be provided at the rate of one
space per unit plus one square foot of parking area per square
foot of conjunctive subsidiary retail business use. (Planning)
4. Water and sewer line fees required. (Public Utilities)
S. City Council authorized the Plarining Director, upon
request to indicate the subject property as H-2, under the
new Master Zoning Ordinanc6.
ITEM #6 S06
Application of the City'of Viroinia Buch, Parks and Recreation Departrient, for a
Use.Pc,.ri.iit to construct a nark on certain r)roporty begiiining at a poiit 11r)o feet
r,iore or less west of Princess Anne @,Llad and 172.17 feet South of Brandv%qine Poad,
running a distance of 1-iG3.39 fect alono tlie :.ort@iern proL@,(,'rty line, runninq a
distance of 1523.41 feet along the L-astern prot)erty line, runnitig a distance of
346.0 feet along the Soullilern property line and runni@-in a distance of 13.15.16
feet along the Western property line. Said parcel coniains 24.623 acres.
(Lark Downs Area). KEMPSVILLE BOROUGII.
Planning Comission Rec@; ndation:
A motion by the Planning Comission was passed for approval of this request sub-
ject to the following:
1. Standard site plan review to include:
a. A 30-foot drainage casement is required along the northeast property
line.
b. A 10-foot drainage easement is required along the southern property
line.
c. A standard Vir@,inia Beach road section shall be constructed in tlie
dedicated -DO-foot riclfit of v!ay on tlie western property line with a streel tie
with Locke Lane to the west.
d. A 50-foot dedication of riglit of way is rmuired along the southern
property line.
'@ standard roadway constructed tO ti,? to i@arlborou(lh Drive to thc,
e.
east. (Engincerinq)
by recorded vote as iu.L-LL)w:,@
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice @layor
F. Reid'Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, and Donald H. Rhodes.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr., and Councilmen George R.
Ferrell and Floyd E. Waterfield, Jr.
City Council approved the above application of the City of Virginid
Beach, Parks and Recreation Department, for a Use Permit to construct
a park on certain property beginning at a point 1 00 eet more or less
West of Princess Anne Road and 172.17 feet South of Brandywine Road,
running a distance of 1168.39 feet along the Northern property line,
running a distance of 1528.41 feet along the Eastern property line,
running a distance of 346.0 feet along the Southern property line and
running a distance of 1385.16 feet along the Western property line.
Said parcel contains 24.623 acres. (Larks Downs Area). Kempsville
Borough. Approval is subject to the following stipulations:
1. Standard site.plan review to include-.
a. A 30-foot drainage easement is required along the
northeast property line.
b. A 10-foot drainage easement is required along the
southern property line.
c. A standaxd,'Virginia Beach road section shall be
constructed in the dedicated 50-foot right of way on the
western property line with a street tie with Locke Lane to
the west.
d. A 50-foot dedication of right of way is required along
the southern property line.
e. A standard roadway constructed to tie to Marlborough
Drive to the east. (Engineering)
ITEM #6SO7
Application of Colonial Kelley Corporation for a llse Permit to construct 19 town-
houses for sale on certain property beginning at i-po-int-610 feet more or less
West of Rudee @lvenue, runriing a distance of 125.79 fect along the @"orth side of
Virginia ,@,Venue, runiiintl a distance of 231.18 feet alon-,? th(-, Southwestern property
line, running a distance of 248.97 feet along the i@'ort@.-@sterii property linc, runn-
ing a distance of 181 fcpt alonr! the i:ort,@eastern or@,erty line and runnirio a dis-
tance of 213.80 feet alonj 'iie Soutiieast.,irn property line. Said parcel is kn@,n as
Part of Site 17, L. U. Starke Farm and contains 1.53 acres more or less. (Shadow-
lawn 4eights o@rea). LYI@IHAVE@L BOROUGH.
Planning Comission Recormndation:
A motion by the Planninq Co,.nmission was passed for denial of this rp-quest due to
tlie objl-ctions of tiie adjoining property ovmers.
Mr. J. J. Waterfield appeared before City Council requesting denial
of the above application.
On motion by Councilman Malbon, seconded by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor
F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray
J. Curtis Payne, and Donald H. Rhodes.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr., and Councilmen George R.
Ferrell and Floyd E. IVaterfield, Jr.
City Council denied the above application of Colonial Kelley
Corporation for a Use Permit to construct 19 townhouses for
sale on certain property eginning at a point 6SO feet more or
less West of Rudee Avenue, running a distance of 125.79 feet along'
the North side of Virginia Avenue, running a distance of 231.18
feet along the Southwestern property line, running a distance of
248.97 feet along the Northivestern property line, running a distance
of 181 feet along the Northeastern property line and running a
distance of 213.80 feet along the Soutlicistern property line. Said
parcel is known as Part of Site 17, L. D. Starke Farm and contains
1.53 acres more or less, (Shadowlawn ficights Area). Lynnhaven
ITEM #6508
construct a sewaqe pumping
Application of The Breeden Company for a Usc Pennit to
station on certain property beginning at i-poi t=33 feet more or less Itorth of
Reagan Avenue and 1682 feet more or less V.Iest of Old Great lieck rtoad. Said parcel
is 50 feet by 50 feet. (London Bridae PArea). LY,!.'IfIAVEN BORr,'UGH.
Planning Connission Recoffmndation:
A motion by the Planning Cornission was passed for approval of this request sub-
ject to the following:
1. Standard site plan review. (Engineering)
2. P station desigi-to be compatible with overall area plan. (Public
Utilities7
On motion by Councilman Malbon, seconded by Councilman Holland, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor
F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, and Donald H. Rhodes.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr., and Councilmen George R.
Ferrell and Floyd E. Waterfield, Jr.
'ity Council approved the above application of The Breeden Company
For a Use Permit to construct a sewage pumping station on certain
property eginning at a point 193 feet more or less North of Reagan
Avenue and 1682 feet moro or less West of Old Great Neck Road.
Said
parcel is 50 feet by 50 feet. (London Bridge Area). Lynnhaven
Borough. Approval is subject to the followi.ng stipulations:
1. Staildard site plan review, (Engineering)
2. Pump station design to be compatible with overall area
Plan. (Public Utilities)
ITEM #6509
Application of Trant-Berkshire Corp., for a ')se Pcrrlit to construct a sewage
pumping station on certain prboerty loca@- 550 felt- mre or less iiorth of P.Ose
Hall Drive and 2400 feet more or less '.'est of :@orth t-Ireat ;@'c@ck Poad. Said parcel
is 50 feet by 50 feet and located in Trant-Berkshire, Section 111. (Trantwood
Area). LYII'@litAVE!l BOROUG[I.
Planning Conmission Recormndation:
A motion was passed by the Planning Com..mission for approval of this request
subject to the following:
1. Standard site plan reviow. (Enginecrinq)
2. l.atLr and setier to be installed by deve loper; viater and sewer agree-
ments required. (Public Utilities)
On motion by Councilman Malbon, seconded by Councilman Rhodes, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor
F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, and Donald H. Rhodes.
Nays: None
Absent: Mayor Robert B. CTOmwell, Jr., and Councilmen George R.
Ferrell and Floyd E. Waterfield, Jr.
City Council approved the above application of Trant-Berkshire
Corporation, for a Use Permit to construct a sewage pumping station
on certain property ocate SSO feet more or less North of Rose Hall
Drive and 2400 feet more or less West of North Great Neck Road. Said
parcel is 50 feet by 50 feet and located in Trant-Berkshire, Section
III. (Trantwood Area). Lynnhaven Borough. Approval is subject to
the following stipulations:
1. Standard site plan review. (Engineering)
2-. Water and sewer to be installed by developer; water and
I
sewer agreements required. (Public Utilities)
ITEM #6510
Application of Tony Jennestreet, Individually, and T/A Vir(iinia Beach Body Works
for a Use Permit for the sale of used autortobiles on certain property @inning at
a point-7 7 fect more or less !-,,est of First Colonial Poad, running a distance of
110 feet along the l@orth side of Virginia Beach Boulevard, running a distance of
275 feet along the Western property line, ruhninq a distance of 110 feet along the
Nortliern property line and runnine a distance of 275 fect along the Eastern property
line. Said parcel contains 30,256 square feet. (Oceana Area). LYN.IIHAVEN BOROUGH.
Planning Connission Recor@mndation:
A motion was passed by tlie Planning Commission for approval of this request sub-
ject to the following:
1. Standard site plan reqtjirements to include sidet-ialks, curb, ctutter, pave-
ment widening and stom drains as necessary along frontage on Virginia Beach
Boulevard.
2. A 10-foot drainage easement is required along the western property line
and the ditch along this line is to be piped with an adequately sized storm
drain. (Engineering) ,
3. City water and sewcr. (;icalthl
4. Dedication of right of viay 45 feet from the conterline of the existinq
80-foot rinht of alo.-ig th,, II)-foot nore or less frontaoe on '@'irgi-iia Beach
'(5
Boulevard -foot dedication). (Real Estate)
Mr. Basnight represented the applicant.
On motion by Councilman Malbon, seconded by Councilman Payne, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor
F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, and Donald H. Rhodes.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr., and Councilmen George R.
Ferrell and Floyd E. Waterfield, Jr.
City Cot.,ncil.approved the above application of Tony Jennestreet,
Individually, and T/A Virginia Beach Body Ivorks for a Use Permit
for the sale of used automobiles on certain property beginning at
a point 797 feet more or less West of First Colonial Road, running
a distance of 110 feet along the North side of Virginia Beach
Boulevard, running a distance of 275 feet along the Western property
line, running a distance of 110 feet along the Northern property line
and running a distance of 275 feet along the Eastern property line.
Said parcel contains 30,250 square feet. (Oceana Area). Lynnhaven
Borough. Approval is subject to the following stipulations:
1. Standard site plan requirements to include curb, gutter,
pavement widening and storm drains as necessary along frontage
on Virginia Beach Boulevard.
2. A 10-foot drainage easement is required along the western
property line and the ditch along this line is to be piped with
an adequately sized storm drain. (Engineering)
3. City water and sewer. (Health)
4. Dedication of right of 3ay 45 feet from the centerline of
the existing 80-.fQot right of way along the 110-foot more or
les5 frontage on- Virginia Beach Boulevard (5-foot dedication).
(Real Estate)
-ITEM #6SIl
On motion by Councilman Gardner, seconded by Councilman Rhodes, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor
F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, and Donald Ii. Rhodes.
Nays: None
.Absent: Mayor Robert B. Cromwell, Jr., and Councilmen George R.
Ferrell and Floyd E. Waterfield, Jr.
City Council approved the following street closure relative to a
15-foot right of way in the Lynnhaven Borough which had been deferred
from October 8, 1973:
CITY OF VlrGIiNl,,@ PEACIT
TO (OPLDITNANCE OF VACATION)
BROWN-ARP@IS-1,ANGITORNE, INC., ET AL.
AN OJ',DINANCE VACATING AND DISCO@TTINUING
A 15 FOOT RIGliT OF WAY, IN LYNNRHAVEN
BOROUGII, IiN TI-IE CITY OF VIIIGINIA BEACH,
VIR--INIA
VvrHEREAS, proper noticelof the intended application of the appli-
cant, Bro@vn-Arris-Langhorne, Inc., to be presented to the City Counci.1 of
the City of Virginia Beach, Virginia, on the day of July, 1973, and
for the vacatioia @f-the hereinafter described public street in the Ci@y Of
Virginia Beach, Virginia, ivas on the day of May, 1973, duly posted
at the Court House of the Circuit Court of the City of Virginia Beach,
Virginia, and at two other public places in the City of Virginia Beach,
Virginia, in coriformity with the mailner prescribed by Code of Virginip,,
Section 15.1-364, for the institution of proceedings for the vacation of I@
public street; and
WHEREAS, said application iias made to the City Council of the
City of Virginia Beach, Virginia, on tlie 21st day of May, 1973, and in
conformity with the maniler prescribe(I by Code of Virginia, Section
15.1-3,64, for the condtict of such proceedins, the City Counc4l of the
City of Virginia D@ach, Virgini@, on tlte 21st Ctay of May, 19711, ,vhich
more tlian ten d,,I,),s aftcr posting noticc, of the iiitended ,Ipl)lication as;
afoi-csaid, appointc,-cl L. liarbun, Charles C. Carrincton
and William IV. Flerqii@, Jr.
I -, as viewc-rs to sucli street and report
ill vvritiiig iti tli(,.ir opinion, tnv iiid if aiiy, whit,iticonvoniciico
@/,Totl 1, I.C.FIllt froill cli-@(7011tititiiti@, tlio @;-ilnc. il,cl szii(,l have s@icii
T Ify@ AT I AW
A VA.
report to the City CoLiiicil of tlie C@@ty o@@ Virgiriia Beacli, Virginia; anrl
WFIEREAS, from such rej)ort aiid otbr--r evidence, and after
notice to the land proprietorg afff--.cterl tliereb@,, alon@ 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 i@convenience .vould result from
vacating and discontinuina the said sti,eet, and that the said street
should be vacateda@- discontinued;
NOW, TKIEREFORE, BE IT ORDAINED by the Council of tlie
City of Virginia Beach, Virginia:
1. That the following described street, in the Lynnhaven Boro-a@h,
in the City of Virginia Beach, Virginia, be, and the same hereby is, vacated
and discontinued:
ALL that certain 15 foot riglit of way, in Lyn@-iaven BC)roug',I,
in the City of Virginia Beacli, Virginia, sho%@.,n as lz-) I R. 0. W.
on that certain plat attacheci hereto eiititleci "Survey of Propert,;-
showing. l@@ I R. 0. W., and AIDJO@'I--\7C, L@OTS, -@'\,'ap Llool@ 16, PLI@('
63, Lynniiaven Borough-Virginia Beach, @7irginia, Sca,'c,,: ill =
301, Alarcli 31, 1973, " made by Bruce B. G2.llup Cel'tiliod La,-Icl
Surveyor. The said 151 IZ. 0. X%'. being 151 in i,,,idth and runn@n@
from the sotith line, of Laslzin Road in a southeri@, direction a
distance of 183. 761 to tlie northern lilic c)f Lo,- 10 Birdneck Acres.
2. This'ordinance shaal be in effect frorn and after thirty (30)
days from the date of its adoption.
3. A certified copy of this ordinance of vacation, togc','Iicr
the plat attachccl liereto, sliau be recorded as dec,,cls are recordecl, 2-nd
indexed in tlic ninic of tlie City of Vii-,inia Beach, Virginia, as grantol@,
anci iii thc nanic of Bi,own-Arris-Lan,lliorn(,, ljic. , as @,rantee, i-n thc,, Clel-kl,@
Office of tile cit,c@iit Court of tlic,, Cit3, of Vii-iyitiia Leacli, Nlirl,itii@L, It the
expeilso of thc, Iiic.
R E S 0 L U T I 0 N
WHEREAS, the A. B. Dick Company proposes to construct a warehouse
and office facility to distribute office machinery and like mat6rials,
and to repair same within the boundaries of the City of Virginia Beach,
Virginia; and
WREREAS, access right-of-way to said site will be duly dedicated,
but, as yet, is unimp@oved, and is described as follows:
Beginning at the centerline of the Norfolk & Southern
Railroad tracks and the Western side of the right-of-
way of Witchduck Road and proceeding in a Northerly
direction along the said right-of-way a distance of
630 feet more or less to a point; being the point of
beginning and the centerline of the proposed 60 foot
road, thence turning left and running in a Westerly
direction a distance of 1,720 feet more or less to
the end.
The said 60 foot road coursing a portion of the proper-
ties of the School Board of the City of Virginia Beach
and Selma Properties, Inc., as shown on a certain draw-
ing prepared by STANDING, BARROW, STELL, PLANNING
CONSULTANTS, VIRGINIA BEACH, VIRGINIA, DATED AUGUST,
1973, SCALE i" = 100', said drawing atta--hed and made
a part of this description for further reference.
WHEREAS, funds for the improvement of said industrial access road
are now available from the "Industrial Access Road Fund," Virginia Depart-
ment of Higliways; and ,
WHEREAS, in order for the Cit; of Virginia Beach to qualify for
said industrial access funding, it is necessary for City Council, City
of Virginia Beach, to adopt this resolution.expressing its recommenda-
tions regarding said project and, furthermore, guaranteeing the existence
of the right of way and the adjustment of the utilities which may be
located within the said right-of-way;
NOW, T[IEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Council, City of Virginia Beach, does hereby express
its recommendation to the State Highway Commission in the form of a
request to said Commission that it program the administrative piocedures
necessary to carry out the funding of the hereinabove described indus-
trial access road out of funds available from the "Industrial Access
Road Fund" so that egress and ingress to the proposed industrial site
of the A. B. Dick Company may be accomplished; and
BE IT FURTilER RESOLVED that the City of Virginia Beach hereby
guarantees the rigtit@of-way and the adjustment of utilities. from funds
other than industrial access funds and will further provide information
as to the source of such funds.
ii'7'i
ITEM #6513
On motion by Councilman Gardner, seconded by Cotincilman Payne, and
by recorded vote as follows:
Ayes: Councilmen Johh A. Baum, Robert H. Callis, Jr., Vice Mayor
F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, and Donald H. Rhodes.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr., and Councilmen George R.
Ferrell and Floyd E. Waterfield, lir-
City Council approved the following Ordinance to amend and reordain
Ordinance number 432 pertaining to business licenses:
AN ORDINANCE TO ANEND AND REORDAIN
ORDINANCE NUMBER 432 PERTAINING TO
BUSINESS LICENSES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH
VIRGINIA:
That Ordinance Number 432 be amended and reordained as follows:
1. Delete "58-297" from line 5 and insert "58-301" in place
thereof.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 12th day of November 1973.
ITEM #6514
On motion by Councilman Malbon. secon(led by Councilman Baum, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert Ii. Callis, Jr., Vice Mayor
F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, and Donald Ii. R@iodes.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr., and Councilmen George R,
Ferrell and Floyd E. Waterfield, Jr.
City Council approved,the reqiiest of the Virginia Electric and
Power Company for an easement of el@,ht of way for underground
service to the Great Neck Fire Station, as shown on VEPCO Plat
Number R/W 30779.
ITEM #6Sl5
On motion by Councilman Rhodes, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert Ii. Callis, Jr., Vice Mayor
F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, and Donald [i. Rhodes.
Nays: None
Absent: Mayor Robert B. Cromwell., Jr., and Councilmen George R.
Ferrell and Floyd E. Waterfield, Jr.
City Council approved the Bingo/Raffle application of the Larkspur
Recreation Committee.
ITEM #6516
on moaion by C6uncilman Rhodes, seconded by Councilman Gardner,
and-by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor
F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, and Donald H. Rhodes.
Nays: None
Absent: Mayor'Robart B.. Cromwell, Jr., and Councilmen George R.
Ferrell and Floyd E. Waterfield, Jr.
City Council approved the Bingo/Raffle application of the County
View Mobile Homes Recreation Committee.
ITEM #6517 -
Vice Mayor Ervin stat'ed that Mrs. Gwen Wood had written a letter to
Mayor Cromwell regarding the zoning of Eureka Park-Pinewood Gardens
Area. The Vice Mayor suggested referring the letter to the Planning
staff and have them do a complete review on this and report backIto
@ k-s -, z r
Council in two w e lovembe 26, 1973.
ITEM #6518
The question was raised by ',/'ice Mayor Ervin regarding the disposition
being made by the administrative staff on the Bow Creek Golf Club
acquisition. Mr. Grover C. Wright, on behalf of his clients, stated
that a new proposal was being prepared to be submitted to Counc@.1 in
the matter. It was temporariy deferred.
ITEM #6519
On motion by Councilman Ifolland, seconded by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Nlayor
F. Reid Ervin, Charles W. @ardner, Clarence A. Holland, D. Mu7rav
Malbon, J. Curtis Payne, and Donald Ii. Rhodes.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr., and Councilmen George R.
Ferrell and Floyd E. W'aterfield, Jw.
City Council noted its intention to hold a closed meeting on @ionday,
November 19, 1973, for the purpose of discussing items permitted for
discussion under Section 2.1-334, SubpaTagraph 1 ap..d 6 of the Freedom.
of Information Act of the Commonwealth of Virginia.
ITEM #6520
On motion by Councilman Gardner, seconded by Councilman Payne, and
by unanimous vote, the meeting adjourned.
Richard J. bbon, City Cl-rk Robert B. Cromwell, Jr., Mavor
City of Virgin.ia Beach,
Virginia
November 12, 1973