HomeMy WebLinkAboutJUNE 10, 1974
NIINUTE-S OF T[iE HONOt@kP@LE CITY COUNCIL
OF 'f[fE
CITY OF VIRGINIA BEACH, VIRGINIA
June 10, 1974
Tlie regular meeting of the Council of ihe City of Virginia Beach,
Virginia, ivas held in tlie Couiicil Cli@4mL,--rs, in the Administration
Buildin@., in tlie 3orou@.h of Princos@ Aine, on Nlonday, Juile 10, 1974,
at 2:00 p.m.
Tiie iiivocatioli @,as .,ivc)it by t',Ie @i ievcijy itiq@kcr, OJd Donzitio.-I
L-piscopal Ciiurcii, Vir-iiiia Beach, Vir-inia,
Councilr,ien present: John A. Baum, Rob(@rt Ii. Callis, Jr., tlayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell,
Cliarles @. Gardner, Clarence A. Ifollanct, Garland L. Isdell, D. ?,Iurray
Nialbon, J. Curtis Payne, and Floyd I:. @'laterfield, Jr.
Councilmen absent: lone
ITE@l #71@18
On niotion by Councilinan Ferrell, seconclod by Couiicilman Isdell,
and by recorded vote as follows:
Ayes: Councilmen Jolin A. Baum, Robert H. Callis, Jr., Mayor Robert
B. Cromwell, Jr., Vice i@layor F. Reid Ei@vin, George R. Ferrell, Charles
W. Gardner, Clarence A. Ilolland, Garlaitd L. Isdell, D. Murray Malbon,
J. Curtis Payne, and Floyd E. Waterfield, Jr.
@4ays: inone
Absent: None
City Council approved tfic riiinutes of tlie re-.ular meetiiig of June 3,
1974, and dispensed ivith the reading ol'- said Nlinutes ip-asriuch as eac@ll
Councilmaii had a copy of the subject m@nutes before hin,.
ITEM #71S)9
On riiotion by Councilman Gardner, secon(ted by Councilman lvaterfield,
and by recorded vote as follows:
Ayes: Councilneii Jolin A. Baum, Robert ti. Callis, Jr., @l-ayor Robert
B. Crom,@eli, Jr., Vice in[ayor F. IZeid Ei'vin, George R. Fe-rell, Cliai:l--s
Gardner, Clarence A. liolland, GarJ.ai@d I,. Isdell, D. Nturray @,lalbon,
J. Curtis Payne, and Floyd L,'. @Vaterfield, Jr.
1-
i@ays inoiie
A-L)sc)iit: None
City Council adopted the follo,,vini,, resolution, and preselited satle to
tlie Virginia Beach VPI Extension Offic(@:
.R E S 0 L U T I 0 N
WHEREAS, since 1962, the Alpha Ga.@-nz Cha@---7r of
Epsilon Sigma Phi (National Extension Service Fraternity)
has named an outstanding Extension Service Agency in Virginia;
and
WHEP,EAS, there are 108 eli4ible units in the S-late;
and
WHEREAS, the Virginia Beach VPI Extension Office was
selected as this year's recipient; and
WHEREAS, at this time, the Extension, Service should be
recognized for dramatic increases in interdepartmental cooper-
ation with many city and private agencies; for staff reorgani-
zation and realignments leading to greater efficiency of
operation; and for movement toward becoming an ou@-standing
coim,nu.nity resource.
NOW, THEREFORE, BE IT PESOI.VED, that the City Council of th--
City of Virginia Beach hereby cc)mmends the staff of the Virgin:
Beach Extension office and tal,:eE; great pleasure in acknowledging
tbeir receipt of this eminent a@,iard which reads as follows:
"IN RECOGINITION FOR OUTSTANDING TEIUL ACHIEVEIIIE'LIT"
VIRGINIA BEACH EXTENSION STAFF, 1974
Ernest R. Cockrell, Jr-
John J. Beasley
Rand-,11 Jackson
Dem.etra Maras
Kathleen M. McNamee
Judith M Mueller
Cleo,oat:ra @v. Robinson
William T. Ruark
D. Ingrid Van Loon
ALPIIA CIUlliA CTIAPTER EPSILO,,L SIGPIA PHI-
GIVEN UNDER my hand and seal thls lotli day of Tune, 1974.
Cf',O@Nl',T.-LL, JR.
Mayor
2 @) 0
Petition of W. W. @. Associates 4y Marsh and Basqier, Inc., for a Change of
7oninq District Classification from R-3 Residential District to 3_2 C@@ity
Business DistFict on c ta n prooerty located on the South side of Shora- Drive,
beginning at a point 755 feet more or less @st of Independence Boulevard, running
a distance of 1472 feet along the 14orthern property line of which 718 feet is the
South side of Shore Drive, running a distance of 404 feet along the Eastern pro-
t)erty line, running a distance of 1700 feet along the Southern property line and
runninq a distance of 750 feet along the ilestern Droner@y line. Said parcel con-
tains 13.31 acres. Plats with more detailed infomation are available in the
P@epartment of Planning. (Lake Shores-Little Creek jlmhiliinus Base Areas).
BAYSIDE BOROUGH.
Plannin,g Commission Recomendation:
A motion was passl-d by t@e Planning CooM ssion by a vote of 11 to I to approve
this request subject to the following:
1. This ordinance shall be effective upon satis"actory comdliance to the
conditions imposed in this motion; it is understood and agreed to by the applicant
that the official change on the zoning maps .qill not be made until a dedication of
right of tqay 80 feet from the centerline of ShorR.Drive is acquir--d.
2. A letter is to be @/oluntarilli submit@
,ad @l@ the applicant to "he Planning
Oepartment concerning screening and lightinq of t;ie site; @is letter has been re-
c--ived and made a part of the file.
For the information of the applicant, prio@ to the issuance of a building permit,
the following are the -@ui @nts of the adW nistrative staff: Standard site im-i
provements in accordance with the Site Plan Ordinance, which will includean ade- '
quately sized stonn drainage easement along the ditch on tle southern property iin'e
,@4hich shall be oiped.
i-ed tlie applicant
H. Calvin Spain, Attorney, r--prese,@
On illotion by CoLincil,,nan Holiand, -cecon@led by Councilman Malbon, and
by recorded vote as follows:
Ayes: Councilriioil Jolin A. B,,ium, Robert ii. Callis , Jr. , ROI)ert
B. Cromiiell, Jr., Vice P-layor F. Roid Ecvin, Geor-.e R.
,- rell, Cliarles
1,1. Gardner, Clarence A. flolland, (,'acland L. Isdell, D. @lirray ?@la.Lboii,
J. Curtis Payne, and Floyd E. IvaterCielct, Jr.
@@4ays : @bne
Abseiit: @None
Ci.ty Council approvecl tlie foll(Dwilig Or"inaiice upon petition of @'i.l'i.D.
Associates by Marsli and Basqier, Incorporatod, for a Change of Zonin.,
District Classification froin R-3 Residontial District to B-2 CoRtnunity
Business District:
ORDIN@NCE UPON PETITION OF !V W.D. 7nA74055
ASSOCIATES FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-3
Residential District TO B-2 Coin-
munity Business District
Be it ordain.ed by tiie Council of tlic, "Iity of Vi)-ginia ,leach, Virginia.
Petitioil of A-@.,sociaLes by i%ltrs;i ancl ilasqjer, Incorporated, for a
C,'Iange of Zoniiig District ClassificatLon froin R-3 Residential District
to B-2 Co uriity Busine-,is istr-ict n certain property located on the
Soutli side of Shore Drive, beginning at a point 755 feet more or less
West of independence Boulevard, runnin@ a distance of 1472 feet along
the inorthern property line of whic@i 718 feet is the South side of Shore
Drive, Tunning a distance of 404 feet along the Eastern property line,
running a distance of 1700 feet alon.@ the Southern property line and
running a distance of 7SO feet alon, the Western property line. Said
parcel coiitains 13.31 acres. Plats with riore detailed information are
available in the Departntent of Planniilg. (Lake Shores-Little Creek
Amphibious Base Areas). Bayside Boroll.@h
Approval is subject to the following:
1. This ordinance shall be effective upon satisfactory compliance
to the conditions inposed in this motion; it is uqderstood and
agreed to by the applicant tliat tlie official chance on the zoning
maps will not be made until a dedication of ri.aht of way 80 feet
from the centerline of Shore DriA-e is acquired.
2. A letter is to be voluntarily submitted by the applicant to
the Planning Department concernin, screening and lighting of the
site; this letter lias t)een received and lias beeri inade a part of
the motion.
For the information of the applicant, prior to tlie issuance of a buildina
perinit, the following are the requirements df the adninistrative staff:
1. Standard site improvements in accordance with the Site Plan
Ordinance, wliich will include an adequately sized storm drainage
easement along the ditch on the southern property line which shall
be piped.
ITEiM #7@@Oi-
Petitiori-of W W. D. Associates by Marsh and Basqier, Inc., for a Chanqe of
Zoning Distri@t Classification from B-2 Cmmnity Business District to H-1
,Iiotel bistrict on co n property beginning at a point 585 feet more or less
l,lest of Independence Boulevard and 267.34 feet South of S.Iore Drive running a
distance of 141 feet alonq the Western PrODertY line, running a distance of 341
f@et along the Southern property line and -Uiining a distance of 137 4eet along
'the Eastern property line and rinning a dls-@ance of 3116 feet along the @lorthp-rn
propert.y line. Said narcel contains 0.7'! acr!-s. Plail's wi@@.h ,@re detail--d in-
fo@tion are available in the Department of Planning. (L@ik,-- Shores-Li@Itle Creek
Amphibious Base Areas). BAYSIDE BOROUGH.
Planning Commission Recormendation:
A motion was passed by the Planninq Comission by a vote of 11 to I to approve
this request subject to the following:
1. This ordinance shall be effective udon satisfactory comoliance to the
conditions impo@ in this rmtion; it is understood and agreed to @y the applicant
to,at the official change on the zoning mads i4ill not be made until a dedication of
right of way 80 feet from the centerline of Shore Drive is acquired.
2. A letter is to be voluntarily submitted by the apolicant to the Planning
DeDartment concerninq screening and lighting of the site; this letter has been re-
ce@va-d and made a part of the file.
For the infomation of t,@e applicant, prior to the issuance of a building permit the
following are the reinuirements of the administrative staff- Standard site improve-
rients in accordance with the Site Plan @rdinance, ,qhich will include an adea 'uately
sized storm drainage eas@t alo6q the ditch on the southern prooerty line which
s,'iall bL- piped.
@ilr. H. Calvin'Spain, Attorney, repres@-,nted tlle ar)plicait
On i,.iotion by Councilnan @rlolland, seconcled [)y CouTicilman Isdell, and
by recorded vote as iollows:
Ayes: Councilinen John A. Baum, Robert H. Callis, Jr., @4ayor Robert
B. Cromwell, Jr., Vice inlayor F. Reid Ervin, George R. F--rrell, Charles
W. Gardner, Clarence A. Holland, Garland L. Isdell, D. ,4urray Malbon,
J. Curtis Payne, and Floyd E. Waterfield, Jr.
Nays: None
Absent: iqone
City Council approved tlie followin, Ordinanco Lipon petiti_on of
Associates by @larsh and Basqie', incorporated, for a C@ian,@e of Zoning
t)istrict Classific,,itioii from B-2 Coilinuriitv Business Dis--ict to 11-1
Hotel District:
ORDINA@,@CE UPON PETI'flJ.N 01: iv.@V.D. Z06740'@6
ASSOCIAT.ES FOR A Cli@A14GE 01; ZONIP"@
DISTRICT CLASSIFICATI)N FRO@L B-2
Coi,@iniunity Business Di@trict TO
11-1 Hotel District
Be it ordained by the Couiicil of the City of Virginia Beacli, Virginia:
Iletition of IV.ti.D. Associates by @,farsh and Basqicr, Iiicorporated, for a
Chaii@e of Zoning District Classification from B-2 Community Business
District to H-1 Hotel i)istrict on certain property beginning at a point
585 feet more or less tiesl @F Tndepend-,nce Boulevard and 267.34 feet
South of Siiore Drive running a diSL.,,,z@ of 141 Eeet along the ',Vestern
prol)erty line, runnin., a distance oE 3+1 @@et-alon,, the Southern property
line and runnin, a distance of 137 Feet tlio Eastern property line
ajid runnin., a distance of 336 feet @LIO-i., tiie Nk),--!,ern property line.
parccl con,@ains 0.78 acres. P'at@ i-iorl- iTiforT,,Ia-liori @ir--
av,iilable in the Departrlent of I)lannin,. @@Lake Sliores Creek
A,:iDiiibious i3ase Areas). BLyside Bo rou h .
Anproval is subject to the following:
1 . This ordinance shall be effective uporl. satisfactory compli.anc,
to the conditioils imposed in this motion; it is understood and
agreed to by the applicant tliat ttie official change on the zoniiig
maps will not be made until a dedication of right of way 80 feet
from the centerline of Sliore Drive i.s acquired.
2. A letter is to be voluntarily submitted by the applicant to
the Plannir@g Department concernin., screening and lighting of the
site; this letter has been receii,ed and has been made a part of
the rhotion
Fol- the information of the applicant, prior to the issuance of a
buil,ling permit, the following are the requirements of the administrative
staff: I
1. Standard site improvements in accordance with the Site Plan
Ordinance, which will include an adequately sized storn, drainage
easement along the ditch on the southern property line which shall
be piped.
If apartments are built, the applicant be requested to participate
in school site purchase in the anount of $1,659.74; this figure is
based on the construction of 31 apartment units and may be adjus! I
at the time the building per,-nit is issued to reflect any chan.aes.
ITENI #7102
Petition of W. W. D. Associate3 by ?4arsh and Basqier, Inc., for a Chanqe of
Zcning District Classification from R-3 Residential District to H- ote District
or, c,-rtainproperty beg nn ng at a point 585 feet more or less West of Indepen-
dence Boulevard, and 320 feet more or less South of Shore Drive, runninq a distance
of 40 feet along the Idestern property line, running a distance of 341 feet along
Southern Droverty llne, running a distance of 40 feet alonq the Eastern pro-
per',y line and running a distance of 341 feet along the ?Iorthern property line.
Said parcel contains 0.31 acres moy-- or less. Plats with rorp. detail;--d informa-
1-il-In are available in the Department of Planning. (La.<e Shores-Li@Itle Creek -
lio'@ibious Base Areas). BAYSIDE rIORnt.IGH.
Pl:iqning Comission Rpcommendation:
A r.,!o@@ion was passed bv the Planning Cormission by a vote of 11 to ',, to approve this
subject to the following:
1. This ordinance shall be effective upon satisfactory compliance to thp con-
di,-ic)ns imoosed in this notion; it is unders@lood a.-id agref-d to by the applicant
tj'iat the o@ficial change on the zonine i.,,aps will no@@ be made un"il a dedication of
right of t,;ay 80 fe-t frcm the c--nterline of Shore Drive is acquir-Pd.
A letter is to be voluntarily submitt2d by the auplicant to the Planning
concerning screening and lighting of the site; this letter has been re-
,-cived and made a part of the file.
For the info@tion of the applicant, prior to the issuance of a building pemnit
following are the requirements of the administrative staff: Standard site
i-provements in accordance with the Site Plan Ordinance, which will include an
d,-I-,quately sized storm drainage e;%-@@n-@ along the ditch on the southern property
1"ne @ihich shall be I)iped.
@,lr. il. Calvin Spaiii, At"orney, tl)c ai)@ii.i.calit.
Oti i,,iotion by Councilmaii Ifolland, second.ed I)y Councilman @Ialbon, and
by recorded vote as follows:
Ayes: Councilmen John A. Baun,, Robert 11. (:allis, Jr., illayor Robert
B. Cromwell, Jr., Vice Nlayor F. Reid Ervin, Geor,.e R. Ferrell, Charles
!,!. Gardner, Clarence A. Holland, Garlarid L. Isdell, D. Murray Malbon,
J. Curtis Payne, and Floyd E. Waterfield, Tr.
@@ays: None
Absent: Noiie
City Council approved the followiiig Ordinance upon petition of IV.@V.D.
Associates by Marsh and Basqier, Incorporated, for a Change of Zonin@
District Classification from R-3 R--sid-,ntial District to 11-1 liotel
District:
ORDINANCE UPON PE-TITIO@N OF W.V,'.D. Z0674OS7
ASSOCIATES FOR A CilAiN@,E OF ZONING
DISTRICT CLASSIFICATI@DN FI@OM R-3
Residential District Lo fi-I tiotel
District
Be it ordaiiied by tlie Council of the CLty of Virginia Beach, Vir,inia:
Petition of W.W.D. Associates by @,larsli and Basqier, Incorporated, for
a Change of Zoning District Classification from R-3 Residential District
to ii-1 liotel District on certain property beginning at a point 585 feet
niore or less West of Independence Boul-,vard, and 320 feet more or less
South of Shore Drive, running a distance of 40 feet along the ivestern
property line, runnin,@ a distanc-- of 341 f----t along the Southern property
line, running a distance of 40 feet along the Eastern property line and
running a distance of 341 feet alol, t@ie -@,orthern property line. Said
parcel contains 0.31 acres more or les@. Plats with more detailed
information are available iii the Departrient of Plannin@. (Lake Sliores-
Little Creek Amphibious Base Areas). i3avside Borough.
Approval is subject to the followin-@:
1. Tliis ordinance shall be effective upon satisfactory compliance
to the coiiditions iiaposed in tliis rriotion; it is understood and
agreed to by the applicant that t'ie official chan.@e on the zoning
inaps will not be riade until a ded@cation of right of way 80 feet
froin the centerline of Shore Driv@ is acquired.
2. A letter is to be voluritarily sul)jliitted by the at)plicant to the
Plannin, Department conceriiing screening ancl lightin@. of tllo site;
this letter has boen received anl iias been j@iade a oart of tlie
motion..
For tiie iiiformation of the applicant, prior to the issuance of a building
iierr,iit, the following are the requiret-,nts of the administrati-ve staff:
1. Standard site improvements in accorclance @vith the Site Plan
Ordinance, wliicli @,Till include an idecluately sized storm dra@na,e
easei,tent alop,-. tiie ditcli on tlic s,)utliern property line whicli sliall
be piped.
2. If apartments are built, tlie ipplicant be requested to
participate in scliool site purcha.'Se in the amount of $642.48;
this figure is based on construct@on of 40 apartment units and may
be adjustod at the time the build@n., permit is issued to reflect
any clianges.
P.O. Box 4@@, 9
Vi,ginia ?210,1
23, 1974
lOreS C i- t
you gave O','Z
er,
SZ)a4-@n, and c-,@r to --Xolp. *-@p_ O,,-
-a
-o. -@s @- r -,he 2t-i Sl'o--e Dri,@a -and ird--ne@.d@ce
OLrd,
t e t.0 c @o t
20
aad i7.ha g ra a y
5-22-74.-
2@ b b-@@. b-a
a --'nru-b
c,'@ b@rz-, an,- cn s!-opas o@-
5-22-@,@
e rl
t---, C.
ITEM #7'03
@@.2tition of R. L. Upton A Margaret I. Upton for a llag?t Zoning District Classi-
ficatioo fftm R-6 Residential District to 0-1 Ofri t on certain oroperty lo-
cated on the Southeast corner of South Palm Avenue and Bonney Road and 200 feet West
of South-Fir Avenue, running a distance of 227.55 feet along the Northern property
line of which 177.55 feet is the South side of Bonney Road, running a distance of
394.1 feet alonq the C-ast side of South Palm Avenue, runninq a distance of 187.9
feet along the Southern property line, and running a distance of 513.35 feet alons
t,he Eastern property line. Said parcel contains 1.9 acres. (Thalia Village-
Southern Firs Areas). KEMPSVILLE BoRotiGH,
Planninq Comission R@-correndation:
A mo'lion was passed by the Planning Connission by a vote of 9 to 3 to approve this
request subject to the following: This ordinance shall be effective upon satis-
factory compliance to the conditions imposed in this motion; it is understood and
agreed to by the aoplicant that the official chanqe on the zoning -maps will not be
r,ade until a dedication of right of way 45 feet from the centerline of Bonney Road
is acquired.
For the information of the applicant, prior to the issuance of a building permit
the following are the requim"nts of the administrative staff:
1. City water and sewer.
2. Standard site improvements in accordance with the Site Plan Ordiname.
Nlr. Grover C. Wright, Jr., Attorney, i-epresented the applicant.
,Nlr. IVri.@ht stated that after the petit,ion went before the Planning
Commission a dispute arose as to the c,wnership of the property.
on notion by Councilinaii Ferrell, secorided by Councilnian Isdell, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert Ii. Callis, Jr., @layor Robert
B. Cromwell, Jr., Vice 'Nlayor F. Reid llrvin, George R. Ferrell, Charle@
IV. Gardner, Clareiice A. Holland, Gqrl@ind L. lsdell, D. i%lurray @Ialbon,
J. Curtis Payne, and Floyd E. lvater-fi(@ld, Jr.
@4ays: None
Absent: None
City Council voted to defer indefinitely the above petition of R. L.
Upton and Margaret 1. tjpton for a Change of Zoning District Classification
from R-6 Residential District to 0-1 0 ice District on certain property
located on the Southeast corner of Soilth Palm Avenue and Bonney Road and
200 feet West of Soutli Fir Avenue, rujining a distance of 227.SS feet
alon, t'@le inort@riern property line of wltich 177.55 feet i-s the South side
04- 3onney Road, runniii@ a distance of 394.1 feet along the East side of
Soutl,a Palm Avenue, running a distance of 187.9 feet alon.@ the Southern
property line, and running a distaiic:e of 513.3S feet along the Eastern
property line. Said parcel cont@.lins [..9 acres. (Thalia Village-Southern
Firs Areas). Kenipsville Borough
ITEI,l @'7@04
P@tition by resolution of the Council of the Cl@y of Virginia Reach for a Change
(,,f ;-on@,tn,,jrlallistrlscl Ilassification,from 1-1 Light Industrial District to AG-1
,@qr T trict on certain prODerty beainninq at a point 1333 feet more or
1-@ss South of Adventure Trail and 915 feet more or less Wp-st of London Bridge
,load, running a distance of 390 feet nore or less along the Eastern property
linp, running a distance of 257.88 feet alonq the 'iov-llhprn property line, running
a distance of 371.80 feet alonq the @tern prot)erty line and runnlnq a distance
o" 310 feet more or less alonq the Southern prope@y line. Said parcel is known
as Parcel Y, Resubdivision of Lot 12 and Subdivision of Lot 13, London Bridqe
l-'ardens and contains 2.5 acres more or less. (@lot'@4,oqham Estates Ar--a). LYIIN-
IliAVEi'i BOROUGH.
P13nning Commission Recomendation:
-Ption was pas@ unaniywusly by tle Planninq Commission to approve this request.
On motion by Councilman Nlalbon, secoiided by Councililan Gardner, and
by recorded vote as follows:
Ayes: Councilmen Jolin A. Baum, Robert H. Callis, Jr., %Iayor Robert
B. Cromwell, Jr., Vice Nlayor F. Reid Ervin, George R. Ferrell, Cliarles
Ili. Gardner, Clarence A. tiolland, Garland L. Isdell, D. i%lurray @,lalbon,
J. Curtis Payne, and F@i.ovd. E. liatcy-Field, Jr.
l@ays: None
Abseiit: Noiie
City Council approved the foliowi,-lg Ordiiiance upon petition by
resolution of the Council of the City of Virginia Beach for a Change of
Zojiing District Classification -rom I-I Light Industrial District to AG-1
Agricultural District:
ORDIN@N,CE UPON PETTTTON BY RESOLUTIO@N Z0674058
OF THE COUNCIL OF 'I'[iL' CITY 01@ VIRGINIA
BEAC'ki FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FRONI 1-1 Light Industrial
District TO AG-1 Agricultural District
Be it ordained by the Council of the City of Vir@.inia Beach, Vir.@inia:
Petition by resolution of the Council of the City of Virginia Beach for a
Cliange of Zoning District Classification from I-I Light Industrial to AG-1
Agricultural District oii certain property beginning at a point 1333 feet
r.,iore or less South of Adventure Trail and 915 feet more or less Iliest of
l,ondon Brid,@e Road, running a distance of 390 feet more or less along the
'@lastern property line, running a distance of 257.88 feet along the
Northern property line, running a (list@ince of 371.80 feet along the lvesterr
property line and runnin@ a distance of 310 feet riore or less along the
Southern property line. Said pai-cel is known as Parcel Y, Resubdivision
of Lot 12 and Subdivision o@. Lot 13, London Bridge Gardens and contains
2.5 acres more or less. (iNotting',aam Estates Area). Lynnhaven Borough.
ITEM 97205
Petition of Kinqs Row, A Partnership, by Stanley A. Phillios, Attor,.ney, for a
C@iange of Zoninq District Classification from A-1 .@t)artment District to 0-1
Dro e 9 q
-ifice D@tr ct on certain p rty be innin at a point 14-0.60 feet @tor@lh of
Ifirginia Beach Boulevard, running a distance of 77F,.60 f@!!et alonq t.@e East side
o@@ Little Neck Road, runninq a distance of 430 f@et along the 'larthern property
jin2, running a distance of 382 feet along the ;7astern pron,--rty line and running
a distance of 443 f--et alonq the Sou+.hern prnoarty line. Said parc--l contains
3.247 acres. (Southern Terrace-Be-llehaven Area).
cin,
,iing Comission Reco.@ndation:
.otion was passed unanimously by the Pl@inniin rer,-"is5ion to deny this rp-oliest as
conversion of office use to each of the existing a,)ar,@ent units would caus'e in-
cf,,r@Datible uses ttithi,.i the 'Lr.,3rt, Tha existing apar@-nt use serves as an effec-
tiv@- buffer bet,;iepn the cotmercial uses on Virrlinia Re.;Ich Boulevard and the single
f-,-iily homes of Southern T-"ace.
,,[r. Charles C. Carrington, Plannin@ Director, stated that a letter
had been received from the applicant requesting a sixty (60) day
deferral.
On rqotion by Councilr@ian Ferrell, seconcled by Councilman Payne, and
by recorded votc as folic)ws:
Ayes: Counci.lmen John A. Baum, Robert H. Callis, Jr., Mayor Robert
B. Croiiiwell, Jr., Vice inla.yor F. Reid. Ervin, George R. Ferrell, Charles
IV. Gardner, Clarence A. Holland, Garland L. Isdell, D. Murray Malbon,
J. Curtis Payne, and Floyd E. @Vaterfi.el.d, Jr.
Nays: None
Absent: None
City Council voted to defer for sixty (60) days the above petition of
Kings Roiv, A. Partnership, by Stanley A. Phillips, Attorney, for a
Change of Zoning District Classi-fication from A-1 Apartment District to
0-1 Office District on certain property beginning at a point 146.60 feet
North of Virginia Beach Boulevard, running a distance o, 276.60 feet along
tlie East side of Little Neck Road, running a distance o@-@ 430 feet along th@
N,ortliern property line, running a distance of 382 feet along the Eastern
property line and running a distance of 443 feet along the Southern properi
line. Said parcel contains 3.247 acres. (Southern Terrace-Bellehaven Are'.
Lylinhaven Borou.ah.
I'I'E,NI # 7 2 0 6
of Ruby Barco for a Change of 7:oninq Distr-ict Classifi-"tion from R-7
P,.2sidential District to H-2 Resort otel District on certain ro rty located
on the Southeast corner of High Point Avenue and Arctic Avenue, runninq a dis-
@.ance of 109.7 feet along the South side of High Point Aveme, running a distance
of 100.07 feet along the-East side of Arctic Avenue, running a distance of 196.71
feet alonq the Southern propert:,j line and running a distance of 100 feet more or
Iz?ss along the Eastern property line (Lake Holly). -@aid parcel is known as Lots
2, 4, 6, 7, and 8, Block 10, tlal) of Shore Acres and contains 0.29 acre more or
J-,ss. (Shadowlawn Heights-Shore Acres Areas). VIRGTITA BF-ACH BORO!JrH.
P@la,-inir.q Comission ').ecommendation-
!nlj@,ion was pass;--d unani,-musly kt the Planning Commission to deny this petition
t.,) i-.iinimize high-intensily development .qherp ;).denuata Facilities are not present.
@ir. Bruce B. Mills, Attorney, i,eprc-,;eiited the applicant.
,%Ir-s. Rtiby Barcil appeared on behalf of lier application.
@ir. Roy-Dudley appeareci in oppositio,@i to tliis application.
011' motion by Councilnan Callis, set oTi@ d by Vice llayor Ervin, and
by recorded vote as follows:
Ayes: Councilnioll Jollii A. Baum, Rc)')ert ii. Callis, Jr., Mayor Robert
B. Cromwell, Jr., Vice i\layor F. Rei,d Ervin, Geor,,e R. Ferrell, Charles
W. Gardner, Clarence A. Holland, Garland L. Isdell, D. @llurray Ntalbon,
J. Curtis Payne, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to deny the above petition of Ruby Barco for a
Change of Zoning District Cla5sification fron, R-7 Residential District
to ii-2 Resort tiotel District on certa-@In property located on the South-
east corner of High Point Avenue and Arctic Avenue, runnina a distance of
109.7 feet along the South side of ffigh Point Avenue, running a distance
of 100.7 feet along tile east side of Arctic: Avenue, running a distance of
196.71 feet along the Soutliern property line and runnin@ a distance of
100 feet more or less along the Eastern property line (L'ake Holly). Said
parcel is known as Lots 2, 4, 6, 7 and 8, Block 10, Map of Shore Acres
and contains 0.29 acres nore or less. (Shadowla@vn fieights-Shore Acres
Areas). Virginia Beacli Borough. This @vas denied in o-rder to miniylize
higii-inte.qsity developm@ent wliere adequ@ite facilities are not present.
ITE@l @t7206 (a)
After considerable discussion Councilnian Callis iiiade a notion, seconded
by Councilman Gardner, to reconsider tlie petition of Ruby Barco for a
Change of Zoning District Classification from R-7 Residential District
to 11-2 Resort Hotel District. The recorde(i vote is as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Nlayor Robert
B. Cronwell, Jr., Vice llayor F. Reid Ei@vin, Geor@e R. Ferrell, Charles
@V. Gardner, Clarence A. liolland, Garlatid L. Isdell, D. i%lurray Malbon,
J. Curtis Payne, and Floyd E. liaterfield, Jr.
Nays: None
Absent: None
City Council voted to reconsider the above petition of Ruby Barco
I
Change of Zonin@ District Classificatio:i from R-7
District to H-2 Resort iiotel District.
ITEM @720(@ (b)
Oii riotion by Counciliqan Callis, secon(led by Councilman Isdell, and
by recorded vote as Follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert
B. Cromwell, Jr., Vice Mayor F. Reid Lrvin, George R. Ferrell, Charles
l@. Gardner, Clarence A. Holland, Garl.and L. Isdell., D. Murray Malbon,
J. Curtis Payne, and Floyd E. Ivaterfield, Jr.
,'4ays: None
Absent: None
City Council voted to allow the withdrawal of the petition of Ruby
Barco for a Change of Zoning District Classification from R-7 Residential
District to H-2 Resort Hotel District on certain property located on the
Southeast corner of fiigh Point Avenue and Arctic Avenue, running a distanc
of 109.7 feet along the South side of High Point Avenue, running a distanc
of 100.7 feet along the East side of Arctic Avenue, running a distance of
196.71 feet along the Southern property line and runnin@ a distance of 100
feet more or less along the Eastern pi-operty line (Lake Holly). Said parc
is known as Lots 2, 4, 6, 7, a-,id 8, Block 10, Map of Shore Acres and conta
0.29 acres more or less. (Sliadowlawn Heights-Shore Acres Areas).
Virginia Beach Borough.
ITEM #7'@07
Peti-Lion of Ruby C. Barco for a Chan<ie of Zoninq District Classification from R-7
Residential District to H-2 Resort@ot4l-D st@r ct on certai property eginninq
at a point 1050.07 feet East of Arctic Avenue, running a distance of 105.18 feet
along the North side of Winston Salem Avenue, running a distance of 193.29 feet
along the Eastern property line, running a distance of 10.15 feet along the
@'iorthern p line and rtmning a distance of 100 feet along the Western pro-
perty line. Said uarcel is known as Lots 1, 3 and 5, Block 11, Map of Shore
Acres and contains'0.163 acre. (Shadowlawn Heiqhts-Shore Ac@- Areas). VIRGINIA
Br-ACH BOROUGH.
orm 5
,)Ianninq C i sion Recommendation:
A -,.otion was passed unaniymusly @y the Planning Commission to deny this Detition
n e si@ L'
@O i4nimize high-i t n y development where adpqual facilities are not orespnt
@,lr. Bruce B. Nlills, Attorney, represerted the applicant
ori i,.iotion by Councilirtan Callis, seconcied by Vice @Nlayor Ervin, and
by recorded vote as follows:
Ayos: Councilmen John A. l@auiri, Robert H. Callis, Jr., Mayor Robert
B. Cromwell, Jr., Vice Nlayor F. Reid l@rvin, George R. Ferrell, CharlE
IV. Gardner, Garland L. Isdoll, D. Niuri,ay Malbon, and J. Curtis Payne
Nays: Councilrien Clarence A. flolland and Floyd @,. Waterfield, Jr.
City Council voted to deny the above petition of Ruby Barcc Foi a
Cliange of Zoning District Classification from R-7 ResiO.ac"al District to
ii-2 Resort Hotel District on certaiii I)roperty at a point 1050.07
feet East of Arctic Avenue, runnin,. a dis@,- ioS.18 feet along the
Nortli side of tvinston S@ileirt Avenue, r, a distance of 193.29 feet
along tlie Eastern property Ii-ne, a distatice of 10.15 feet alon@
the Northern property line an,' --.,ining a distaii@. nf 100 feet alon@ tb,
'/,'ostern property line. Sa@@ @arcel is known as LoL@ and 5, -,,oc,k
ii, ',lap of Sliore Acres a - contains 0.163 acres. ',i-- L,,,hts-
Siiot,e Acres Arc,,as). --,-.,inia Beach Borougii. Tliis was denied ]'l order
to i@linimize d,-,velopment where 'LLd@-,quate ficilities @ire not
ITEM #7208
Petil,ion of Rodney Louis Mills for a Chanoe of Zonina District Classification
from R-7 Residential Di@ct to A-4 Apartment District on cer@in proi)erty
@@eginning at a point 270 feet East of Baltic Avenue, running a distance of 90
feet along the South side of 9th Street, runninq a distance of 100 feet along the
Eastern property line, running a distance of 9() feet along t@e Southern nrodarty
line and running a distance of 100 feet alonq the Idestern t)roderty line. Said
varcel is known as Lots 12, 14 and 16, Block 16, Pla,@ of Shadowlawn Heights and
contains 9,000 square feet. (Shadowlawn 14.einlhts Area). VIRGI!llA BEICH BOROUGH.
Planning Commission Recomendation:
A frotion was Dassed unanimously by the Planning Cmnission to deny this oetition
:is the presen@ qater suppl,y system is i'@iadequate "o sung)ort the pronosed oroiect.
@ir. T'nomas C. Broyles, Attorney, i,epre.,ienrect r@ie appilcaill
Mrs. Marlene Rhodes appeared in opposicion to this application
On motion by Councilman Callis, second@d by Councilman Gardner, and
by recordbd vote as follows:
Ayes: Councilmen Jolin A. Baum, Robert 11. Callis, Jr., @layor Robert
B. Cromwell, Jr., Vice Nlayor F. Reid Ervin, George R. Ferrell, Cilarles
@V. Gardner, Clarence A. Holland, Garlaiid L. Isdell, D. @,@urray @Ialbon,
J. Curtis Payne, and Floyd E,. I'laterfield, Jr.
@.@ays: None
Absent: None
C@ity Council voted to deny the above p,@tition of Rodne), Louis Mills
for a Change of Zoniii., District Classil-ication from R-7 Resideritial
District to A-4 Apartmejit District on (@ertain property bei,,inning at
a poiiit 270 feet East of Baltic Aveiiue, runnin, a distance of 90 feet
aloiig tlie South side of 9tli Street, rullliill,, a distance of 100 feet along
the Eastern property line, runnin', a d@stance of 90 feet alon.@ tlie
Soutliern property liiie and runnin,., a dlstance of 100 feet alon,@ the
ivestern property lino. Said parcel i.s knotvn as Lots 12, 14, and 16,
Block 16, Plat of Sliadowtaivn Flei,@hts aild coiitains 9,000 square feet.
(Sliadowlawn Hei.@hts Area). Virginia B(!ach Borough. This was denied
as the present water supply is inadequite to support tlie proposed project.
ITEi@l #'1209
Petition of J. Idalter Brothers for a Change of Zoninq District Classification
from R-7 Res-idential District to A-4 Apartment -ffstrict on certain prooerty eqinn-
ir,g at a point 90 feet East of Baltic Avenue and runnin(j a distance of 240 feet
along the 4orthern property line of which 180 feet i3 the South side of 9th Street,
riinning a distance of 200 feet along the Eastern proderty line, running a distance
of 240 feet along the @iorth side of Maryland Avenue and running a distance of
2@00 feet along the Western property line. Said parcel is known as Lots 15, 17,
13, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 29, Block 16, Plat of Shadowlawn
ii2ilhts and contains 42,000 square feet. (Shadowlawn Heiahts Area). VIRGINIA
BE,qt-H BOROUGH.
Planning Commission R ndation:
A r.,,otion was passed unanimously @y @e Planning Commission- to deriy this petition as
the present water suonly system is inadequate to support the proposed project.
@,lr. 'lliomas C. 13royies, Attorney, representecl the applicant
Nirs. Marlene Rhodes appeared in opposition to this appl'@cation.
On notion by CouncilEian Callis, seconded by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmeii John A. Baum, Robert H. Callis, Jr., Mayor Robert
B. Cromwell, Jr., Vice @layor F. Reid Ervin, George R. Ferrell, Charles
IV. Gardn--r, Clarence A. liolland, Garland L. Isdell, D. Murray Malbon,
J. Curtis Payne, and Floyd E. Waterfield, Jr.
i'4ays :None
Absent: None
City Council voted to deny the above petition of J. Walter Brothers for
a Chan,@e of Zonin.@ District Classification from R-7 Residential District
to A-4 Apartment District on certain property beginning at a point 90
feet East of Baltic Avenue and runnin- a distance of 240 feet along the
Northern property line of tvhich 180 feet is the South side of 9th Street,
running a distance of 200 feet alon,. the Eastern property line, running
a distance of 240 feet along the North side of Maryland Avenue and running
a distance of 200 feet along the Westcrn property line. Said parcel is
known as Lots 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, and 29,
Block 16, Plat of Shado@vlawn Heiglits and contains 42,000 square feet.
(Siiadowlawn Heights Area). Vir.@inia Beach Borou.,h. This was denied as
tiae pres&nt watei- supply systein is inadequate to support the proposed
project.
I T L-'@,i 7-@ @
On r@iotion by Councilinan Gardner, secojiqod by Councilman i%laibon, and
t)y recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Calli5, Jr., Mayor Robert
B. Cromwell, Jr., Vice ilayor F. Reid Eivin, George R. Ferrell, Charles
@V. Gardner, Ciarence A. tiolland, Garlai,d L. Isdell, D. Murray i%lalbon,
,J. Curtis Payne, and Floyd E. Waterfield, Jr.
Nays: None
i\bsent: None
City Council approved on second readiii@,, an.appropriatior,. of $2,250
to install approximately 120 stop si-,n@ and posts along the proposed
commuter bus service routes.
ITENI #7211
0-@i i-@iotion by Councilman Gardner, seconcod by Council,,,ian Callis,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert 11. Callis, Jr., i'layor Robert
B. Crom@well, Jr., Vice Mayor F. Reid 1-@i'vin, George R. Ferrell, Charles
@V. Gardner, Clarence A. lfolland, GarlaiLd L. Isdell, D. ilurray Malbon,
J. Curtis Payne, and Floyd E. Ivaterfield, Jr.
iNays: None
Absent: None
City Council approved the following Ordinance to amend and reordain
Article I, Section 102, Paragraph (b) (1) entitled recording amendments
to the official zonin., map:
A@l TO A'r[LZio Ai@:) !..?EORDATN
Al?,TI-ILI-I I. SECTION 102, PAT-U-u-Wli (b)
(1) 7-NTITLED RECORDING A@.FENDMENTS TO
THE OFFICIAL ZONING II.AP
BE IT 02,DAINED 3'7 Tl@- COU'I\TCIL OF 1'11-- CITY .)F VI-@GINTA '@3F-AIHl
a..me,id,-@d aid r2ordaio,-,d
T'Elat Arti-cl-- 11 SecLioi 102
to read as follows:
(1) G-,i Ill-,e ef-Fec,--ive dal-,2 of a7.i7,, @!iao or -,ioon t:h-@2
@@tl-is.Eactory coriii)li-ance @iith @he coEi@i@-tions i-,,i!oos ci, t'@ie cila,.I,@
be posi:ed on the zotiii, inap by t;,,- Direc-lor and
---,,-ords acco-.mpaiyin, -!7o map shall i-ierr-i-Ey th,-, oefici-al actiol b@,,
4
Ll -ch such a,@,.iendile-,it @qas 7iade, the dat@, of such action, th2 area
irivolved, and tae date o-F postin-,.
This ordi-riaiice s'Liall !)e efl-.@ctive Erom dalle of adoptiori.
Adopted by the Council of the CLty oF Virginia Beacli on tl,,.e
10 d-iy o@@ itine , 1974.
I'I'ENI 4721--'
-n iiiolion by Couiicilman Ferrell, seconded by Councilman Isdell, and
u I
bv recorded vote as follows:
Ayes: Councilnen John A. Baum, Robert H. Callis, Jr., Nlayor Robert
B. Cromtvell, Jr. , Vice Nlayor F. Reid Er-vin, George R. Fel-rell, Charie,
@;. Gardner, Clarence A. Holland, Garlaiid L. Isdell, D. imurray Malbon,
J. Curtis Payne, aild Floyd E. Waterfield, Jr.
.\avs: None
Absent: None
City Couricil approved the following Ordinance amending an easement
dedication plat and relocating the loc@ition created by said plat
on certain property in the '.'indsor Oak@; @Vest Sub(livision in the
empsville Borou@h.
AN ORDINANCE ING AN E&S@T
DEDICATION PL&T AND RELOCATING THE
LOCATION GRFATED BY SAID PLAT ON
CERTAIN PROPERTY IN THE W-INDSOR OAKS
WEST SUBDIVISION, @SVILLE BOROUGII
VIRGINIA BEACH, VIRGINIA
WIIEREAS, a certain Forty (40') Foot drainage easement, as shown on
a certain plat recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, in Map Book 94, at Page 19, was dedicated to the City of
Vir.@inia Beach; and
l@REAS, Nonni, Cohen, Weisberg and Clark Company and Windsor-
Holland Company, the owners of the parcel of land over which said easements
r-un, has requested that tbe City relocate said easements on other lands owned
by the said Nonni, Cohen, Weisberg @ind Clark Company and Windsor-Holland
Company; and
WHERF-AS, the portion of said easements to be relocated are not
necessary to drain said properties, and the relocation of said easements will
cause no inconvenience to the City of Virginia Beach.
BE IT ORDAINED BY THE CITY COUNCIL OF 'fHE CITY OF VIRGINIA BFACH,
VIRGINTA.
Section 1. That the portion of the said drainage easenent shown
on that certain plat ent:itled "@NDED F-ASE@FENT DEDICATION PIAT 0- @@EOSOR
OAKS WEST SUBDIVIS101i APAR@IENT SITE", made by Talbot & Associates, Ltd. on
itine 3, 1974 and described on said plat as "Portion of the drainage easement
to be abandoned by the City of Virginia Beach", is hereby abandoned and re-
located as shown an said plat, which plat i3 recorded in the Clerk's Office
of tlie City of Virginia Beach, in I'lap Book I at Page
Section 2. That this ordinance sliall be effective from and after
date of adoption.
Adopted by the City Council of th,- City of Virginia Be,@ch, Virginia
ITE,ki '@'7213
Oii motioa by Councilinan 'rfolland, s@,@-oi@ded I)v Couiiciliiiaii Isdell, and
by recorded vote as follows: I
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., @layor Robert
B. Cromwell, Jr., Vice \Iayor F. Reid Ervin, Geor,e R. Ferrell, Charl-,s
W. Gardner, Clarence A. Holland, Garland L. Isdell, D. @4urray Nlalbon,
J. Curtis Payne, and Floyd E. lvaterfield, Jr.
Nays: None
Absent: None
City Council approved tlie following Appointment of Vieliers relative
to closing a portion of Old Baker Road in the Bayside Borough:
IN TH3 MATTER OF CLOSING, VACATING I
AND DISCONTINUING A PORTIO.TI OF I P B T I T I 0 N
OLD BAKER ROAD.
TOt THE MAYOR AND THE 1VWTBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Petitioner, City of Vir,-inia Beach Development Authority,
respectfully represents:
1. That pursuant to the provisions of Section 15.1-364 of
the Code of Virginia, 1950, ag amended, the said petitioner
applies for the vacating, closin@ and discontinuing of a portion
of a certain street situate in th-- Borou@h of Bayside, City of
Virginia Beach, Vi-r,,inia, and de3cribed as folloWS3
ALL THAT C@RTAIN portion of "OLD BAKER ROAD", sometimes
referred to as "OLD COUNTY ROAD" as shoyn on @@hat
certain plat entitled, "S'tJiVo-,Y OF PROPERTY FOR THE
CITY OF VIRGINIA BEACH DEVELO@DP4ENT AUTHORITY IN T-HE
CITY OF VIRGINIA BEACH, VIRGINIA SCALE: 1" = lool
JULY 16, 1973 LANGL@@Y, MCDONALD & OVERNILN CONSULT-
ING ENGINMRS VA. BEACH, VA.", duly recorded in the
Circuit Court Clerk's Office, City of Virginia Beach,
Virginia, in @,lap Book 101, at pa@e 54, said ri-ht of
way @'o be closed being more particularly bounded and
described as followsi
Beginning at an iron pin in the western right of way
line of Diamond Sprinas Road (VA- RTE. NO- 13), a 125
see 0
foot right of way, at-its iiter ti n with the
no.-thern ri-ht of way line of the Norfolk Southern
Railway Company; running thence N 80 351 49" W, 89-51
feet to a point; thence N 70 45# 16" @V-, 881-38 feet
to a Doint; thence along a curve to the right having
a radius of 1,476-39 feet and an arc distance of
157-32 feet to the TRUE POIINT OF BPGINNINGs thence
and from said TRUE POINT OF BEGINNING, the following
w
courses and distancesi S 610 130 23 1036-52 feet
to an iron pin in the eastern right of way line of
Baker Road; thence N 70 21@ 37" w# 30 feet to an iron
Pin; thence N 610 13' 23" E, 1,036-52 feet, more or
less, to @,-i iron pin in the western rioht of wy line
of Diamond Sprinva Road; thence along -a Curve to the
left having a radius of 1,476-39 feet and an r,-
distance of 34.ol feet to the TRUE POINT OF BEGINNING,
said right of way being designated on the afoze-men-
tioned Dlat as "OLD BAKER ROAD".
2. Tha-@ no inconvenience will r
esult to any person by reas@-
of the said clos@, vacating and discontinuing of this portion
of said street, and Petitioner prays that this Honorable Council
appoint viewers as provided by the aforesaid statute to view th,
portion of the said street to be closed and ret)ort in writing to
"ithis Council on or before 1974,
,@whether, in the opinion of d if any, what
inconveni-ence would result froim -'he discontinuin@@ of th, said
street.
3. That on the -4kday of 1974,
,!notices of the presenting of this appl"- --l wre poltd at the
!iCourthouse of the Circuit Court of the City of Virginia Beach,
!Virginia, and at two other -Dublic places within the said City, as
evidenced by the affidavit attached hereto, and a copy of said
ilnoTice was mailed to the land owners along and adjac6nt to said
,istreet.
Respectfully submitted,
CITY OFVIRGINIA BEACH
DE
Ev,
ORDINANCE APPOINTIING VIEWERS
WHEREAS, the City of Virg@a Beach Develo'-Oment Authorityi
has given due and proper notice, in accordance with the statute;
for such cases made and provided, that it would on this day a,.oply i
to the City Council of the Ui-ty of Virginia Beach, Virginia, for 11
the appointment of Viewers to view the below described property
f
and report in writing to the Council whether, in the opinion o
said Viewers, any, and if any, what inconvenience would result
from the discontinuing of the hereinafter described portion of
Old Baker Road in the Bayside Borough of the City of Virginia
Beach, Virginia, and have filed such application with the said
Council.
NOW, TH-PREFORE, BE IT ORDAINED BY THE COU14CIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIAS
That,
Mr. Geor2e L. Hanburv. Charles C. c
and Williaiii IV. Flemin.@, Jr.
are hereby appointed to view the below described property and re-
port in writing to the Council on or before
whether in their opinion, any, and if any, what inconvenience
would result from the discontinuing, closing and vacating of that
certain nortion of Old Baker Road, located in the Borou-h of
Bayside, City of Virginia Beach, Virginia, and described as
followst
ALL THAT CERTAIN portion of "OLD BAKER ROAD"P
sometimes referred to as "OLD COUNTY ROAD" as
shown on that certain plat entitled, "SU,'ZVEY
OF PROPERTY FOR THE CITY OF VIRGINIA BEACH
DEVELO-@IENT AUTHORITY IN THE CITY OF VIRGINIA
BEACH, VIRGINIA SCALEs 1" = 100'- JULY 16,
1973 LANGLEY, MODONALD & OVERiMAii CONSULTING
ENGINErRS VA. BEACH, VA.", duly recorded
in the Circuit Court Clerk's Office, City of
Virginia Beach, Vir.@inia, in lvlap Book 101, at
page 54, said right of way to be closed being
more particularly bounded and described as
followso
Beginning at an iron pin in the western
right of way line of Diamond Sprin.-s Road
(VA. RTE. NO. 13), a 12'@ foot ri.,ht of way,
at its intersection ivith the northern right
of way line of the Norfo@' Southern Railway
Co@nioany; running thence N 80 351 49" @ll, 39.
51 feet to a point; thence N 70 45' 16" W,
831.118 feet to a po;n,t; ther-ce along a curve
to the right having a radius of 1,476-39 feet
and an are distance of 157-32 feet to the
TRUE POINT OF BEGINNINGI thence and from said
TRUE POINT OF BEGINNING, the following courses
and distancess S 610 131 23" W, 1036-52 feet
to an iron pin in the eastern right of way line
of Baker Road; thence N 70 21' 37" ',V, 30 feet
to an iron pin; thence N 610 131 23" E, 1,036.
52 feet, more or less, to an iron pin in the
western right of way lina of Diamond Sprin.-s
Road; thence along a curve to the left hav@
a radius of 1,476-39 feet and an arc distance
of 34.01 feet to the TRUE POINT OF BEGINNIr4G,
said right of wav being designated on the
afore-mentioned plat as "OLD BAKER ROAD".
ITE@l 172'14
On niotion by Councilman Gardner, seconcled by Councilman Waterfield,
and by recorded vote as foliows:
Ayes: Councilmen John A. Baur@l ' Robert H. Callis, Jr., ?,Iayor Robert
B. Cromwell, Jr., Vice @layor F. Reid Ei-viii, Geor@e R. Ferrell, C'fiarles
l'i. Gardiier, Clarence A. ifolland, Garlaild L. Isdell, D. Nlurray Nlalbon,
J. Curtis Payne, and Floycl E. lvaterfie-d, Jr.
@Nays: None
Absent: Tione
City Council approved the folloiving Or(linance to aiiiend a-@j reorclain
Soction 6-33, Paragraph (d) relatin@ to wliere surfing is permitted
and to repeal Ordinance number SIO:
P,eqkjested by: City @lanager
,A-N @--)20IN@TCE -10 A,-@ND AdiD REO@RDAIN
SECTTION 6-'D3@ PA,@G@@H (d) RELKTING
TO -1.17@'77RE IS 7-'Ei-:'@IITTED @ir) To
R',-.P'V-AL O-PDIiqANCE '@TU',13ER 510
BE IT ORDAINP-0 BY THE COLTNCIL OF I'TIE CITY OF VIRGINIA BF.ACH,
That Section 6-33, para.@raph (d) is amended and reord.ained as
@@ollows:
(d) In the areas north of the northern 14@ne of Camp Pendleton
to the southern boundary of Fort Story, between the hours of sunrise
and 3unset, exc@-p-, that between th-- period @,lay 15 throu-@@q September
'-'O, surfin.@ is not permitted be-@w2en the hours of 10:00 A.M. and
5:00 ?.M. Surfina is permitted ;-ri r-lie area 100 f@,et north of the
cen'l-ar-line of 3rd Street prolongated eastward e,ctendin,, 100 feet
-otreet prolon
nort,i oc the cent:er-line of :-)th gaced east-,qard and in
the area 800 feet south of the southern jettv of PUdee Inlet between
su-,irise and sunset.
Ordinan--e nu@n',jer 510 is IiereD@r rep@aled.
energen@-@, and tiii3 ordinance 3hall '[)e ef-@ect:ive -Iron-
I
date o-@ adoption.
Adop-led by ',-he o@@ t'@ia Cit-y o@ Vir@iciii Beach on t*',I(--
day or
JLtne
IT ENl t 1 2
Vico Mayor Ervin indicated that he wouid appreciate the City Council
considering the request being made by the representatives of the Little
,NeCK-Lynnhaven Civic Lea,@ue for the City Council to initiate an appeal
to the State Supreme Court in the matter of the Dalby-lVhite case, iihich
was a petition for rezoning. Tlie case was decided by the Circuit Court,
adversely to the City.
i,layor Croriweil noted tliat tlle Couilcill @t,.,enda contained a letter from
the City Attorney to the Councilr,,icii -L lierl of the salient point,,;
in the iiiatter.
\rlrs. Shirley Marlowe, an officer in tli(! Little Neck-Lynnhaven Civic
Lea-ue, asked permission of Mayor Croi@lwell to permit certain city
officials to respond to questions which she had prepared regarding
statements and evidence ivhich had been presented during the Circuit
Court case; mentioning in particular a inap and future plans for a
proposed road.
A question directed to @ir. William l". l@leming, Director of Community
Services, could not be answered due to the absence of the necessary
materials.
Mayor,Cromwell questioned the approprizltness of the questioning in
considering tlie request for an appeal.
Mrs. Marlowe quoted verbatint from the l@ranscripts of the October 29,
1973 meeting. A copy of which is on f'le in the office of the City
Clerk.
il,lajor Sly noted that in the previous a(@tions taken by City Council
tliey liad acted to reduce density.
T,Iayor Cromwell invitod @,lr. Grover C. @'li@i.@ht, Jr., Attorney, who had
represented the City iii tlie n@atter befc,re Circuit Court, to express
his opinion as to the success of an api)eal, if the Council agreed to
pursue the matter.
Mr. Wright indicated that he was studyin.@ tlie case and felt that
Councii should make an appeal if tliey I-elt they were correct in their
previous actions.
Vice Mayor Ervin made a @notion, secondc,,l by CouncilEian Cardner, that
City Council direct the City Attorney to proceed @vitil the appeal to
tlie State Supreme Court in the iiiatter c,f tlie Dalby-',Ilhite case. The
recorded vote is as folloi@s:
Ayes: Vice Nlayor F. lloid Ervin and Coi,icilman Cliarles l@. Gardner
@4ays: Councilmen Jolin A. -Baum, Robert 14. Callis, Jr., NI@vor Robert
B. Cromivell, Jr., George R. Ferrell, Clarence A. tiolland, Garland L.
,7
Isdoll, D. Murray Nlalbon, J. Curtis Pa)ne, aiid Floyd E. 1 ,@aterfield, Jr.
Absent: None
Thc iiiotion to appeal the decision o@[ tl@e Circuit Court, in the iiiatter
of the Dalby-White ccise, was deiiied by City Council.
I TF i,! "@ 7 2 - 6
on n@otion by Councilman Waterfield, se(:onded by Councilman Ferrell,
and by .-czcrded .@--te as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert
B. Cromwell, Jr., Vice Mayor F. Reid Ei-vin, George R. Ferrell, Charles
;V. Gardner, Clarence A. ifolland, Garla;ld L. Isdell, D. Murray Malbon,
J. Curtis Payne, and Floyd E. Waterfi- d, Jr.
Nays: None
Absent: None
City Council approved the low bid of l@arren Brothers, in the amount of
$97,770 for the construction of the pai,king lot at Mount Trashmore Park;
and further authorized the City Managei- to execute the necessary documents
to proceed with this project.
ITEM #7217
On n@otion by Councilman Ferrell, seconded by Councilman Payne, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert
B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles
IV. Gardner, Clarence A. Holland, Garlartd L. Isdell, D. Niurray Malbon,
J. Curtis Payne, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the low bid of L. J. Hoy, Incorpora-Led, in the
an@ount of $106,138 for the construction of two rest roors, a bait and
tackle shop and a visitors' center at Mount Trashmore Park. It has been
noted tliat formalities were waived on the bids to permit the use of cypress
siding in lieu of cedar siding because of delivery problems.
City Council further authorized the City Manager to execute the necessary
documents to proceed with this project.
ITEM #7218
On riotion by Councili,@ian Payne, seconde@l by Councilman flolland, and,
by recorded vote as follows:
Ayes: Councilmen Jolin A. Baum, Robert 11. Callis, Jr., 1,@avor Robert
B. Crom@,iell, Jr., Vice Mayor F. Reid Ei'vin, George R. Ferrell, Charles
IV. Gardner, Clarence A. flolland, Garlayid L. Isdell, D. Ni@-,-Tay @Ialbon,
J. Curtis Payne, and Floyd E. @Vaterfield, Jr.
ay s None
AI)sQnt: None
City Council approved the low bid of L. J. lioy, Incorporated, in the
ar,iouzit of $110,969 for the addition to the Windsor Woods brancii library;
aiid further approved the low bid of L. J. [loy, Incorporated, in the amount
of S110,969 for the construction of an @iddition to the Bavside branch
library, and authorized the City @lana@er to execute the necessary
doc@iir,,eiits to proceed wit@, this project.
ITE@l @,72,9
On iiiotiori by Councilman Ferrell, secon(ied by Councilillan Holland, and
by reco-r,'-,l if,)i-e as foliows:
Ayes: Councilinen John A. Baur,@i'Robert ,f. Callis, Jr., Nlayor Robert
B. Cromwell, Jr., Vice Nlayor F. Reid Ei-vin, George R. Ferrell, Charles
IV. Gardner, Clarence A. Holland, Garl.aiid L. Isdcll, D. i\lurray Malbon,
J. Curtis Payne, aild Flolyd @,. Waterfield, Jr.
i@@iys :None
Abselit: None
City Council-approved the low bid of @Varren Brothers Company, in the
amount of $1,052,396.47 for the City's Bituminous Concrete Schedule
for fY '75. City Council further authorized the City "lanager to execute
the necessary clocumetits to proceed witl,. this projoct.
ITEt4 #72"O
Oii notion by Councilinan Ferrell, seconded by Councilman Payne, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert
B. Cromwell, Jr., Vice tlayor F. Reid Ervin, George R. Ferrell, Charles
W. Gardner, Clarence A. @'lolland, Garland L. Isdell, D. @,turray Malbon,
J. Curtis Payne, and Floyd E. Waterfield, Jr.
i@ays: None
Absent: None
City Council approved the low bid of Asphal-L Road and @laterials
Company, Incorporated, in the amount of $109,S80 for the construction
of "various road @improveiuents throughout the City" for fy 175. City
Council further authorized the City i%lanager to execute the necessal-y
documents tlo proceed with this project.
ITENI #7221
O,-i motion by Councilman Gardner, seconded by Councilrian Isdoll, and
by recorded vote as follows:
Ayes: Councilmen Jolin A. Baurn, Robert H. C,,illis, Jr., @layor Robert.
B. Croiawell, Jr., Vice i@layor F. IZeid Erviii, Goorge R. Fer@ell, Chirl-s
iV. Gardner, Clareiice A. liolland, Garland L. Isdell, D. @@,'@!-irray N!albon,
J. Curtis Payne, and Floyd E. Vlaterfiel,d, Jr.
i@ays @@@one
Absciit: None
City Council adopted the following I'@esolution reqttesting that the
Vir,,inia Departnient of Fligliways proceed with the advertisin@ of
construction bids on Birdneck Road fi-om its intersection i,,ith Laskin
Road to its intersectioti witli Soutliern i@oulevard:
RE-SOLUT-1-O'N
WIIEREzkS, by IZesolution adoli-lect April 10, 1972, the City
has reques-led, authorized the constructi,on, and agreed to pay fifteen
(15%) p--rcent bf the cost of survey, plans, right of way a@d c.onstruc-
t,ion for Route 637 (Birdneck Road) as Project UOOO-134-106-PE101,
R@,l 201 - C501, Federal Project EHS-T-5'iO4(11); and by Resolution
adop@led Dece@er 27, 1973, the City reqtiested the State Highway
Co=issioner to- acqui-re the -necessary rights of V)ay for the aforesaid
praj--ct; and
WiEP,EAS, on April 15, 1974, a Public Hearing ,vas held in
reference to the proposed Highway Developr,,.ent Project UOOO-134-106-
PE101, R/@l 201 - C501, Federal Projec-I IIHS-T-5504(11) (Birdneck Road)
ir, th- City of Virginia Beach, Virginia.
NOW, TBER-P@@ORE, BE IT RESOLVED BY TBE COUNCIL OF TBE CITY
OF VIFGILNIA BEACH, VTRGINIA:
1. That the Virginia Department of High@;ays is hereby
reques-l@d to proc-@--d the advertise,,ient ol- construction bids on,
Birdneck Road fro.,n the intersedtion of -1@asl--in Road to the intersection
o@- Southern Boulevara, as presen-led in the afore@-,Ienti-oned Public
lie-a c ing -
ITENI "72!2
On motioii by Councilman Ivaterfield, so,-onded by Councilflan Gardner,
and by recorded vote as follows:
Ayes: Councilmen Jobn A, Batim, Robert ii. Callis, Jr., ,Iayor Robert
B. Cromwell, Jr., Vice Mayor F. Reid E;@vin, George R. Ferrell, Charles
Ii. Gardner, Clarence A. Holland, Garlaiid L. Isdell, D. Nlurray 11/21albon,
and J. Curtis Payne, and Floyd E. ivatel-field, Jr.
i@ays: inone
Abseiit: None
The Vir.@inia Beach Division of Polico il@ill particidate this year in
tlie Law Enforcement Assistance Administration's Iniernsliip Pro@ram.
Tlie total cost of this participation will be $2,160. Of this amount
$1,560 will be contributed by LEAA, ancl the reniaining $600 supplied
IDy the City of Virginia Beach. Therefore, City Council approved the
appropriation of $2,150 for the initiaiiion of the Internship Program.
ITE,NI #72,!3
On motion by Councilman Holland, seconcled by Councilman Callis, and
by recorded vote as follows:
ikyes: Councilmen John A. Baum, Robert Ii. Callis, Jr., Mayor Robert
B. Cromwell, Jr., Vice Mayor F. Reid Ei-vin, George R. Ferrell, Charles
@'l. Gardner, Clarence A. Holland, Garlaiid L. Isdeli, D. i@furray Malbon,
J. Curtis Payne, and Floyd E. Waterfield, Jr.
i@ays : Noiie
Absent: None
Se,,,eral construction chaiiges have been iiecessary at the Pendleton
Project office on Birdneck Road. 'Fhe State has assumed the ma'or
I
POI'tion of tile cost of tliese clian.,es bitt has requested that the
Cities of Chesapeake and Virginia Beach share the costs of skirting
tiie building for tiie conservation of fuel and for appearance's sake.
The City of Chesapeake has agreed to pav one-half of ttie estimated cost
of $3,320; tlierefore, City Council appropriated $1,660 for the City's
silare of tliis particular improvement.
ITEP,l ,7224
,r. Geor,e L. Ilanbury, Assistant City @.ana,er, sta-Ued that for some
tir@e the City had plannecl to extend Cleveland Street al.1 the @vay from
Vir,.inia Beach Boulevard to Newtown Road. The School Bcard buildin,
ware,nouse is Tig@,it in the middle of the road, and thev are gettin,@ ready tc,
iiicroase the size of the warehouse, almost double. Th-, scliool botrd
iiad not anticipated iiicreasing the size of the ivirellouse at tlie present
t.iine, liowever, they are I)eing pusliod out of tlie Occana storage area, and
tiioy will be sponding almost $150,000 for tlii-S increase.
'Fhrou,,h negotiations ivith tlie devcioper, whicli is building the office
I)ark, the school board @ias rtiade arran,.ei@ients, wherel)y, the entire re-
location cost of the ivai,eliouse @vill be I)orne by tiie developer. The
only tliirig involved will bo the coiistrlictioii of a road. Since tllis @vill
be aii office park, as sucli, it does not qualify for industrial access
f u,-icls .
Mr. @ianbury requested the City Council @ipprove the concept of the
coiistruction of Cleveland Street from Vir@inia Beach Boulevard to
,@civto@vn Road, liowever, tlie construction costs ivould be from lvitchduck
rZoa@t, wliicl-i i--, approxinately 250 feet tn a poiiit wliere A. B. Dick Co-@pany
@@il-I-be locatf-,d. If this road is coiistructecl tlie amount will @)e $44,000
relocation cost and acqtiisition of tile propcrt'y for tlie school board %iili
ho F@orne 'oy the developer. @'lowever, if tliis proj-ct is delayed then tie
cil--\, @qill to bear t.@o oE conslrticti,)ii LrI@(@ i-etocatioT,,.
I
'I'lie d--veloper will be required to put @n curb, gutter and drainage.
On i@iotion by Councilman Waterfield, -seconded by Councilman Payne, and
by recorded vote as follows:
@kyes : Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert
B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Cliarles
iV. Gardner, Clarence A. ffolland, Garland L. Isdell, D. Nturray Malbon,
J. Curtis Payne, and Floyd E. Waterfield, Jr.
i@ays: inone
Absent: None
City Council approved the proposed extensi on of Cleveland Street west
from IVitchduck Roacl.
ITEM #7225
i%lr. Grover C. IVri.@ht, Jr., Attorney, appeared before City Council
regarding sailboats in the tourist area.
Tlie City Manager stated that the staff has not yet completed the
recommendations concerni.ng the release of this restriction. This
is due to one fact, which is, any boat which is launched or landed
in that tourist district has no place to store them, exc--pt on that
public beach, or in a majority of case5, on the public '-awn in back
of tiie boardwalk.
Cou,-lcilman Callis stated he could see no problem with sailboats in
tliat area, no more t'nan surfboards. S,,iilboats should be allowed
froni 5:00 p.m. to 10:00 a.m.
@Ir. @liright stated that as ordinance is drawn now this restric-@ion
applies 365 days a year. They should t)e allowed to launch and land
boats during certaiii hours of tlie day.
City Council requested the City Manager to review the sailboat ordinance.
Also, consider adding canoes to the also and also a different approach to
adequate warning by sailboats.
ITEM #7226
VICF I%[AYOR ERVIII,TLEFT COUNCIL Ciim,[BL@RS
@@Ir. J. W. Smith and Mr. Ronald Reiner, representatives of tlie Lark
Downs Civic League, appeared before City Council regarding the e.,ress
onto Rosecroft Street for tlie Church of- tlie Ascention.
Nlr. Reiner stated that this ivould bc permitting the chur,,:',-access from
Priiicess Anne Road, presently a fOUr-I;Lne thoroughfare, to Rosecroft
Strcet, presently a residential street and cul-de-sac. As r--sidents of
of Lark Downs and @lir.-inia Beach ie fe(@l there has been a ,rave error
coiiij;titted on approving tliis proposed e@,,ress. I'le urge the City to
recognize this error and take the nece@;sary action to rectify Lt.
@@Ir. l@illiam li. Floiltinc.@, Jr., Director of Community Services, stated
tlaat the records indicate that the chui-ch ot@ned this property before
tiie Lark Downs Civic Lea.,ue Associatioii was put to record. The Rosecroft
Street area was put inconti,ious to tht.@ churchs' property. A number of
people attend the churcli that live in the Lark Downs area, and the
purpose of this connection was to give tliem access wittiout them having to
coiiie out onto Princess Anne Road, whicii has been stated is a 45 mile an
hour road. The c@tirch is now holdin., ;ervices in the Kempsville Junior
Iiic',@i School so tlie @raffic is already in the neighborhood.
1.1r. Fleming further stated that this his been revielved by the Planning
Co2iiiiission in .,reat detail and it is ft!lt tliat this is the most desirable
arcangement. @f h -sitc I)Lan subiiiitted io us sriow--d that and @v-- found no
ot)jection to it.
I'he City Manager stated that two (2) pc)ints needed to be made:
1. The church owned a Ion, piece of oroperty that is contiguious
to the street, and the City couldn't deny them access if they wanted
to.
2. The staff supports the secondaiy entrarice onto l@osecroft Street.
Reiner further stated tliat there i@ traffic coitiing off of Princess
Anne Road, and @ve feel oiice they erit,-,r, tlie church ,rounds most of tlie
traffic: i,,ill be directe(I oT@f Rosecroft Strect i'atl)er than using !'i-incess
Anne Road. I'@osecrolt street is a cu',--ce-sac, tliere are no sideivalks on
the street.
There being no motion, City Council tack no action on this request
from the Lark Downs Civic League.
ITEi'4 #7227
fvlrs. Nleyera E. Oberndorf presented petitions to tle City Council
re.@arding trash pick-up twice a vleek.
The City Nlanager stated that tlie Federal Energy Office has notified
tlie City that they will increase our allocations, and it has been
proposed that the City go back to twice a week trash pick-up, beainning
July 1. This will also iiiclude s,@Lx day pick-up of trash for the
business district.
ITEi,l #7228
Oii motion by Councilman Callis, seconded by Councilman I'laterfield,
and by recorded vote as follows:
Ayes: Councilnien Joiin A. Baum, Robert ii. Callis, Jr., l@layor Robert
B. Cromwell, Jr., George R. Ferrell, Charles IV. Gardner, Clarence A.
iiolland, Garland L. Isdell, D. @lurray Nlalbon, J. Curtis Payne, and
Floyd E. lvaterfield, Jr.
iNays: iione
Absent: Vice @,layor F. Reid Ervin
City Council appointed @,,Irs. Helma Dun@ee to the Southeastern Virginia
Areawide @lodel Program Advisory Council for a terri of t@vo years, beginning
June 10, 1974, and endiii,,, June 30, 1976.
ITE@NI #7229
On motion by CouncilLiaii Callis, second--j by Council-,nan Gardner, and
!)y recorded vote as follows:
Ayes: Councilinen Jolin A. Bauin, Rol)ert Ii. Callis, Jr., Nlayor Robert
B. Crom@vell, Jr., George R. FerTell, Charles I'l. Gzirdiier, Clarence A.
ilolland, Garland L. Isdcll, D. @lurra)@ NI@ilbon, J. Curtis Payne, and
Flovd E. @Vaterfield, Jr.
I
,@@ays: None
Absent: Vice Mayor F. Reid Ervin
City Council will.-hold a closed meeting on Nlonday, June 17, 1974,
for tlie purpose of discussing items permitted for discussion under
Sectiori 2.1-344, subpara.,raph 2 and 6 or- the Freeclor, of Information
Act of tlie Commonwealth of Virginia.
I TEi%l @' 7 2 5 0
On iiiotion by Councilman Holland, secc)rl@led by Councilman Payne, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert
B. Cromwell, Jr., Geor.@e R. Ferrell, C@iarles Ii. Gardner, Clarence A.
ilolland, Garland L. lsdell, D. Murray ',Ialbon, J. Curtis Payne, and
Floyd E. Waterfield, Jr.
@i'ays: None
ikbseiit Vice @Nlayor F. Reid Ervin
Tlie ireeting adjourned.
ard J. eebbon, City Clerk R, et B@@
City of Virginia Beach,
Vir.@inia
June 10, 1974