HomeMy WebLinkAboutAUGUST 5, 1974
,,IIiNUI'E-S OF 'FHE HONORABLE CITY COTJNCIL
OF Til-C
CI'I'Y OF VIRGINIA B'C-ACH, VIRGINIA
August S, 1974
Tfie re@.ular meeting of the Council of tlie City of Vir,,,inia Beach,
Virginia, was lield in tlie Council Ch@imbers, in the Adriinistratiol
Building, in the Borou.@h of Princess Aiirie, on !AI()nclay, Au,.ust 5,
1974, at 2:00 p.iii.
Fiie iiivoc:ation i;as @liven by Sonior C@li@ip 1 @@ i L)eip. Vel tman, NAS, Oc--ana,
Vir.-inia Beach, Vir@.iiiia.
Councilmen present: John A. Baum, Robert [i. Callis, Jr., Robert B.
Cromi.ieil, Jr., Vice Nlayor Geor@e R. Ferrell, Charles IV. Gardner,
.Joiin R. Griffin, Clarence A. Holland, @,layor J. Curtis Payne, Patrick
L. Standing, and Fioyd E. Ilaterfield, Jr.
Councilmen absent: J. lienry McCoy, Jr.
ITEM #7427
O@i riotion by Councilman Gardner, seconded by Vice Nlayor Ferrell,
and by recorded vote as follows:
Ayes: Councilmen Jolin A. Baun@, Robert ii. Callis, Jr., Robert B.
Croii,,i,iell, Jr., Vice Nclayor George R. Ferreil, Charles W. Gardner,
John R. Griffin, Clarence A. fiolland, @Nlayor J. Curtis Payne, Patrick
L. Standing, alid Flovd E. @@Vaterfield, Jr.
.\,ays: None
Absent: Counciliiian J. 11--nry NIcCoy, Jr.
City Couiicil approved tlie i-@tinutes of tlio Special '@,leetiTl,. ol@ July 29,
1974, and dispeiised witli tlie reading oll- said minutes irasmuch as
eacli Councilman had a copy of the subject minutes before him.
ITE,Ni #7128
@ir. Richard J. tiebbon, City Clerk, road the folloiving Public Notice:
Notice is hercon given tliat tha Citv Council
of the City of Virgipia ',ieacli, Virginia, wili
hold a PubILc '@learin.@ at '-:00 p.ri., on Nlonday
Au@ust 5, 1974, for the purpose of hearing
those persons in favor of or opposed to tlie
adoption of a Tree Protection Ordinance.
'E@e proposed ordinance is as follot@s:
AiN ORDIlq'ikiNCL- I-.S'FA13LISiiING 'I'IZFE PiZOI'EC'rlO.@
ItL-'GULATIO,NS I;OR THE CI'I'Y OF VIRGINIA 13E-ACH,
VIRGI,NIA, A,-ND PROVIDING FOR T[iE ADMINISTRATION,
ENFOIZCE,%IENT AND AINIEND@,IENT TiiEt@EOI@', AND FOR T'iE
RE@PEAL OF ORDIiNA@'@CU-S AND '?AIIITS OF Of@DL@'@ANCES
IN CONFLICT TilERL@',@@ITH.
1.0 l'itle
This ordinance niay be known, designated and cited as the
"Comprehensive Tree Piotection Ordinance of the Citv of
Virginia Beach, Vir,iiiia".
1.1 Legislative Intent
This ordinance is enacted to pro,rote and protect the health,
safety, and general welfare of tae people of the City. Because
of the many important diver~e en~ironmental functions performed
by trees it is the purpose of this ordinance to establish stand-
ards for limiting the removal of trees and insuring the replace-
ment of trees when their removal is unavoidable. It is the intent
that these standards will guide the regulation of large scale tr
removal and the replacement of trees when removal is unavoidable
The intent is not to place an un.!ue bur~]en on small acreage land
owners within the City.
NIr. George E. Tinnes, Assistant to the City Manager, stated that
City staff is not at this time recommending the adoption of the
proposed Tree Protection Ordinance.
the
Mr. Tinnes further stated that the present tree protection regulations
are incorporated in the City's Erosion and Sedimentation Control
Ordinance.
}Ir. Richard Cockrell, Director, VPI E~<tension Services, stated that
it was apparent at this time to make Council aware of the legislative
permissiveness and the processess that the City is going through in
the protection of the trees in this city.
In 1972, there was a bill introduced ~n the Virginia General Assembly,
house Bill Number ?66, this was the f~rst bill that would establish a
Erosion and Sediment Control Law. However, it was not until 1973 that
an Erosion and Sedimentation Control Law was established. This
became a part of the State Code in 1973.
In the State Code it did specify very clearly several definitions:
al One which defines land disturbing activity
but not limited to, clearing and grading.
'is to include,
b] Section 89.7 specifies that an approved Erosion and
Sedimentation Control plan is required before a permit can
be granted for clearing or grading,.
c] Section 89.5 - specifies that the City has the authority
to approve a Erosion and Sedimentation Control plan.
d] Section 89.12 grants authority to the City of Virginia
Beach to establish a more stringent standard than is provided
in the State Code.
Based on the permissive legislation that was enacted by the 1973
Virginia General Assembly the City Council did adopt Ordinance #485,
which is the Erosion and Sedimentation Control Law of Virginia Beach.
?,Ir. Gerald Straley, representing the Horticultural staff of VPI
E×tension Services, stated that the Horticulturist on the staff,
beginning July 1 and conti~uing until January 1, 1975, will make
o~ site inspections of every s~te plan to specifically look at the
different trees, and to test the effectiveness of this Erosion and
Sedimentation Ordinance.
l','ae:~ a site plan is received, it is reviewed
present and if a plan for their protection is
on tide.site plat.
to see if trees are
given by the developer
The following three (3) forms have beet developed for tree monitoring
system at each site:
1] An initial survey is made whece there are small number of
trees - note the species of trees, the location of each ~zree
is noted on the plat, if there ar2 a small number of trees.
criteria t@liat is us--d for deciclii,@,@ -,qlLiL@li tr-,es aro to be 1,3ft on
t@ie site is as follows:
a] Value of tlie tree
b] Freedom from insects and diseascs
c] Life span of the tree
d.] @Vind fir,,nness
2] A site wi.tli a lar@e nur,,tbcr of trees - nole tlie approxiilate
size, apni-oxiiiiat@@-, nu]Tib-i@s oll@ trc--s, t'lic doi,@idiient --,pecie-,,, and
loc,itions are iiot--d on tlie pLa-, for specific ti-ees.
3] Revisitatiori of t@fle site at soine future date, dependina on
when construction lias begun. T@'-t@s is to seo if trees were left,
if they were removed, and t@fie oneg tliit are reniaining to see what
conditioii they are iii.
-based on this site plan review in our offico, on site inspections, and
revisitatioiis at tlie site at a later da-@e, atid wi.th the cooperation of
t',ae developers and tlie general public @ic can on fanuary 1 @ive factual
evidence oii whicii trees can or cannot @)e saved uiidei- the Erosion and
Sediinentation Ordinance.
@,ir. Cockrell stated tliat the Departnient of Community Services has
some teii field inspectors who are revi3win@. and inspecting the site
ivork for tree protectioii at this ti@-io.
,@'Ir. Cockrell furtlier stated ti-tat in tli--, revietv process, we are lookin@
for iiiany things, but tliere are soi;ie otiier thin-s tliat Council should be
iiiacle a,,,iare of. '@Ve 7@iave iiow, unde- dL-,v,,31op,@-,ieiit stage, a Street Tree
Plaiitiiig Guide, and also Laiidscap@iit, Standards. Both of these ivill
provide for additional plantiligs of tr@es-I also, tlie subdivision
ordinaiice setsfortii tiial l-,qliereevor prictical ell'orts shall be ;Dade
to preserve l@ir@.,e trees'.
Tlie folloiving persons spoke on the 'fi,e-, Protec-@ion Ordinance:
P/ir. L)ouglas Talbot, President of Talbo- and Associates, stated that
-Iliere are several items in tliis ordi@@iaiice tilat should be revie@ved by
Council before adoptioll:
1. Iii all of tlie R-1 district, s'lii,,Ie faniiiy lots of ono acre
or nare, tlie individual sin,@l-- family to-, o@@ner @@ould liave to cone
UIICLor the restricticiis of tiiis ordinai,-e.
2. Therc is an escape clause iii --lie c)rdinaiice .tl,.d '@t @VoLild be
detriinental to thc-, eittirc coiiiT,,iunity.
3. Undoi- the presc@it ordinance, Llie Lcoiioriic Deve.-L6@,l@ient
L)epartnient woulcl be restricted froin de,@,--Iop@Ing tlie present Oceana
ln(lustrial Park.
4. This ordiiiaiice @@oul(I restrict r,oa(l coiistrlictioii as i@ell
as require a spocial perinit iii widenin@@ the roads.
@@ir. i3rydges, representin,,, tlie Virg@iiia Beach Beaut@fication Coaiiiissi.ori,
stLLtc,cl ti-e @vas iii favor of the ordinanc(@ because it is de-5-i.-ned to
prevent and reduce erosioii aiid sedim-@nl@atiori.
Artliur @,iinder appeared in favor ol- tlie Tree Protection Ordinance.
i'lr. E. L. Carlile, Presid--nt of the Au(I@ibon Societv appeared in
favor of tlie Dro osed Tree Protection ()rdiiiance.
@ p
"Ics. Belclier appeired iii favor of tlie @,t-e pro@ectioi ot'diiiinc--.
Peba %icClanan, Ilrosid@rit of tlie C(iuricil oC (-@,ardens CIUL@, ,tpp(@ared
av,-)r ot t ii L @ -ee ioi, o r-,I; I, @i,@e .
enesac, Kingston Garden Club, stated that far too many
1,1 rs- George
,ng cut down due to @cv @,@pers. People
t ,r@ E,@ tlie builders .-,@ I @
siiould be encouraged to plant more treas and not cut thein down.
I',Irs. Betty Johnson, League of lvomen Voters of Norfolk and Virginia
,icii - Environme -al Chairman - apo-ared in favor of the proposed
n@
Ti@e-- Protection Ordinance.
l@Irs. @l. F. Foglor, conservatioii rei)rcs--ntative of the Garden Clubs
of Aj,,iorica, appeared in iavor of til@-s @)r-din@,inc-.
'@Irs. Jeri Gray, Hans Chairman, Kenpsville Garden Club, appeared in
favor o t e Tree Protection Ordinance.
,,[r. fierbert Kramer, representing the Tidewater Builders Association,
appeared in opposi-tion to the proposed Tree Protectiori Ordinance.
@ir. Burks lvhithers, Jr., appeared in favor of the Tree Protection
Or@inance.
Arthur Dawson appeared in favor of the ordinance.
@,lrs. Sculley appeared in favor of the ordinance.
,',Irs. Tane Whitmore appeared in favor of the ordinance.
,%Irs. ifarion Schlegal appeared in @avor ol@ the ordinance.
Council took no action on the proposed Tree I)rotection Ordinance.
ITE@l i7429
@layor J. Curtis Payne presented tlie folloiving Proclamation to
e
@,ir. Carl Hansoli on behalf of severai Britisti stud nts making
thei,,i honorary citizens of the City of Vir,,inia Beach, Vi-r.ainia:
PROCLAi,l,%'F'ION
@qHEREAS, the Foreign SLtid,,7 f@--ague, Inc., an educat-
ioral ser,,,ice ,),- .1@eade-L-'s haE-@ r: oscfn Virgi, 4
J,z, Peach
in @vhich to spoftsor a tour @-or F3ri-tish lf;.g',, School. Sti3dent,-,
and tlieir advisors; and
@-,-,H:,.P-rAS, w@@, @,,,ish Lo them @;; ,h Llie
and hosp-;.t@- 1: @-Y th,:it i ri@jt .;-F nc)'-.ed
NOW, TITE@-.F,-)t@F-, 1, J. Paync,,, Mziyc)r of -@hL, City of
Virgi-nia Beach, he--ebv pro--,!..iim our British visitorsz
liO@IORI-RY CITIZE!.'S OF VIRG@I -,A L@EACII
and, further, ex-,.--@nd an i-,iv@@'@-ation to (-,rijoy our @many ,-c@creational.
and historical areas during yoiir @tay.
DATED thi-- Fifth Day C)@-- A,-,qust, ir@ th@ year o.@ o,,,ar Lord,
O,ie ThoLisarid ilundrad. @ii,,
@74-JO
Petition of Century Developers for a Change of Zoninq District Classification
From R-5 Residential District to A-2 @rtu*ift Jistric an pe
-a"ed on the Sout. '!rt " rty
rner of Old Harri!, [-an,. and P on c . . 'r.
st co 11.@.r. H R. d, r,,ning
.-,tance of 400 feet along tbe Sout,@ side of 'ild i@'arris Lane, running a distance
175.98 f,.?et along the r'astern 1)roperty 1 iie ,.)f .,i'lich 32.30 f2et is
tlie ',,4est
of Pleasure liouse @,oad, running a dis',afic-, of 417 f2et '@re or less along
Southern property line, and running a distance of 158 feet along the Wes*@ern
property line. Said parcel contains 1.457 acres. (,2radford Terrace Area).
3@YSIDE BOROUGH.
Planning Commission Recotmendation:
A niotion was passed by the Planning Commission by a vote of 11 to 1 to approve this
rec,uest subject to the following:
1. The applicant lias voluntarily agr-@ to submit a letter stating that the pro-
perty will be developed with a maximum of 22 apartinent units rather than the 26
a@.artment units that the proposed A-2 Apartnent District classification would allow.
For '@,@e inforp,,,ation of the applicant, '@he following will be required by the adminis-
rative staff prior to -he issuance of a building ,)ermit:
1. City tiater ard s-,,Ier.
2. Participation in the school site acquisition fund in tie anount of $1,392;
t@;is figure is ba@ on cons'@ruction of 26 apart-nents and r,,ay be adjusted at the
the building pemit is issued to refl-acl. aiy changes.
The fionorable Donald [i. Rhodes, Attornev, reprosented the applicant
Counciln,,an Fiolland i-,ade a niotion, s,-,cojided by Councili-@ian Gardner, to
approve the above petition of Centiiry D--volopers for a Change of
Zoiiing District Classification froi,l R-5 l@esidential District to
A-1 Apartment District (a modification from A-2 Apa-tment District),
aiid furtlier restrict the number of u@-lits from 22 to 18. The recorded
vote is as follows:
Ayes: Councilinen Jolin A. Baum, Robert @l. Callis, Jr., Robert B.
Cromwell, Jr., Vice T,Iayor Geor,.,e R. Ferreli, Charles IV. Gardner,
John R. Griffin, Clarence A. flollaiid, Illayor J. C,,irtis Payne, Patrick
L. Standin,.,, and Floyd E. t@aterfield, Jr.
avs: '@one
I
Absent: Council.iiian J. Ileiiry McCoy, Ji,.
City Couiicil approved tii-- folloitiiig or-Iiiialico upon petition of
Ceiitury Developcrs for a Change of I)istrict Class 4Ification
froiii l@@S Resideiitial i)istricl to A- I i@,)artiiio-iit Di.strict (a iiollification
frorii A-2-Apartniont DisLrict), ivitli a r@striclion o@@ 18 units iiistcad of
2 2 uiii ts Tliis iriotion includes City i%,itor @incl se@@er, and participatioll
i,,i scl,iool site acquis@tiori iii the aiti,)uni of $1,392.
t@Di,N@'4CE UPON PETI"ION OF Z0874064
C-@iNT(JRY DFVELOPFPIS FOR A
Cif'A.,N,I-L@' OF 110,Nl@@G
CLASSIFICATION FL@ONI R-S
Residential Distric'@ TO
A-1 i@partment District
Be it ordained by tlie Council of -@he City of Virginia Beach, Virginia:
Petition of Century Developers for a C[lange of Zoning District
Classification froifl R-5 Residential District to A-1 Apartment
District on certain property located ori the Soutilwest corner of
Old Harris Lane and Pleasure House Roa(l, runnin., a distance of
400 feet alon,., the Soutia side of Old Harris Lane, running a
distance of 175.98 foet alon,, tlie Fastern property line of which
82.30 feet is the IVest side of Pleasuie tiouse Road, runnin@. a
distance of 417 feet inore or less along the Southern property
line, and running a distance of ISS feet along the Western property
line. Said parcel contains 1.457 acrcs. (Bradford Terrace Area).
Bayside Borou@.h:
For the information of the applicant, the follolfing will be required
by the administrative staff prior to tiie issuance of a building permit:
1. City irater and sewer
2. Participation in school site acqtiisition fund in the amount of
$1,-j92; this figure is based on the construction of 26 apartments
and ftiay be adjusted at the tinie the bitilding permit is issued to
reflect any changes.
ITENI Y7431
-P'iCatiOn of Priricess Anne Country Club by Thomls C. BMyles, Attorney, for
a @-inditional Use Perm t for recreation facilittes ('ennis) on c-rtain property
h Pri ce Country Club beginning at a
Is tilat Fortion of t e existing n ss 4nne '
oin+- 010 feet more or less brt@ of !!ol Iv 7-iriie ,nd 14,1 mor- or ]--ss 7' st Of
@-cad running a 4istance of llo f t o -a
or less a'ong the Sout@ern @roperty
line, running a di@-tancl )f 14-0 f--et r,,or-- or less along ",@e Eastern oroperty line,
r,,-inni:,,g a distance of 130 @eet riore or less along the 'io@,ern prope'rty line and
I
r,,inni-9 a distanca of l@O faet more or less along the 1,4es'@ern Property line.
(Princess Anne Countij Club Area). VIOGT'IIA BEACTI BO.ROI-IGH.
Planning Comission Pecorinendation-
,l =@ion was passo-d @y t@e Planning Comission unani,,nously by a recorded vota of
13, @-lith 10 voting for +,,',e r,,io'@ion, wi+,h three abstentions, tO approve t,@is r--quest
S,,j5ject to the requi @t that an ad--quat-, storn drainage outfall be provided.
@;;2iel-ed from the mtion t*as t,@e requir-.,@nt 'for a 1(',-foot Iedication of rjqht Of
Ion(j Hally Road, :-)ea Pi@ 'Zoad and 'Ailltop Road and the installation-of
of way irmroy-@ nq Snmch 3s '@,.he conditional use per,,iit
nts a-io Ily a 4,a
-4s ;,,ot include @.@ntage on any of the slaecified road's.
,Nlr. Thomas C. Broyles, Attorney, re,)rc,-;ented the applic.,irit.
Councilman Callis made a motion, secon ed by Clouncilinan G@irdner,
to approve the abovc applicatioii of I.Irincess Aiine Countr@- Club
for a Conditional LI-se Pormit subject to tli(, rcquirei,.ient tliat an
a,leqLlatO storm di-airia-.c outfall i-,iust bo provided.
ikfter considerablc discussion, Couiici.l,qan CalLis amendecl Iiis above
iiiotion, seconded by Cotincilmaii CroEt@vell, to api)rove the above-applica on
for a Conditional Use Permit sui)ject to site plaii approval. @Plie recorded
voLo is as foliows:
Ayes: CoLincilricii John @. Baum, Robert fl. Callis, Jr., Robert B.
Croi-,ivell, Jr., Vice i',Iayor George R. Ferrell, Charles IV. Gardner,
John IZ. Gri@@fin, Clarence A. Holland, llayol- J. Curtis Payne, Patrick
L. O-',atiding, and Floyd I,. ll;aterfi,-,Id, Jr.
s t'4one
I
@k'@ --, c r@ tCc)unciLinai J, if @nry NicCov, .r.
Ci',.y Council adopt--d the followin,,, ;qesolution iir)@,n application of
l"ESOLUTION UPO@@ .\Pi'-ICI@@IION Ci@ il,8740014
Pt@l,\@(-,ESS AL@NE (,LIUNT@ZY Cl.[,'B 1;01'
A CO,@DITIO',@AL TJS'L FOR
RECRL-,,@'FIO,N FAClil@fl-@S (I'EiNNIS)
Be it ordained by the Council of tii@ C@t@r of Virginia Beacli, Vir@.i.'Iia:
Application of Princess Anne Country CLub by @i'lioi,,ias C. Broyles, Jr.,
Attorney, for a Conclitic)nal Use lleairitt for rccre@itioii facilities
(teia,-iis) on certain pro@,erty I\nowiL L,@; @liat r)ortioii of tlie eKi-,tiria
Priiicess Aniie C:ouiitrv C:iub 'oe,iniii-,i,@ at i i)o@iit ')O fect iiiore oi, less
,@ortli of liolly j)riv arid 140 fco,,- c)t, I-oss l@a,,-!,- of !folly i'oad
rtinnin@ a distance of 1.30 f--et r@iore or los-,; alon@l, t'lic Soutlierri
property line, runniri, a distaiice ol@ 14'D feet stiore or less aloli,l the
Eastern property liiie runninu a distance of 180 @eet more or less
alon.a the @iorthern property lin(-, ancl ruiiiiing a dlstance of 1SO feet
inore or less along tlie @Vestern prop--rty linc. (Pri-@icess Anne Country
Club Area). Virginia Beach Borou.,Il.
Approval is subject to tlie follokqillg stidulqtion:
1. Site Plan approval in accordance with tlie Site Plan Ordinance.
IT@.1 @7132
Mr. Charles F. Johnson appeared oii tliis application,
t@r. Charles C. Carrin@ton, Planiiiiig t)irector, stated he had received
tlie following letter froyi @Ir. Josepli J. Basgior requestin@ Council
to relieve Mr. Charles F. Jackson fron; tlie use permits previously
granted for Beach Toivn Estates, preli-i,.inary to@@n@iouse subdivision:
l@, PIND BASGIEP\- INC'ORPORATED, P. C.
E@CINE-1 SIRVEYORS - PL@@NIPS
101 t,@O.ITII P@A@ TRAII VTRGINIA E3EACH, V'Ri INIA 23452 (804) 340@2631
July 24, 1974
@l@RNER G. AIIS., P.E.,C."S.
J@EP. J. ASG;ER,
f@.r. Charles C. Carrington
Director Planiling Departnient
City of Virgij,,ia Bea-ti
Cetillor
Va. Beach, Va. 23456
Re: [;cacti Town Estate
I)relii@inai,y Townhouse Subdivision
Dear Mr. Carrington:
l,le have been insti-Lic'Led by our clien'@ Mr. Charles F. Jackson upon
advice from City Managei,, Roger Scott to request that your office provide
us tjith a release from the use perrnits pi,(@viously gi,anted for this property.
Our client i@ 'oresently the option holder for the property and is
desireous of dc,.ve]oPlrlj , @,@-,4nhouse slie subdivisi.-)n thereon in
I
conformance with C. Z. 0. requireiiients. @Iceliplinary d@@awings were submitted
to your office in June 1974.
Out, in@,;es'uigation of th-. propecty inlicates that a use permi'-
404 apartment units @@ias granted by City Council in January 1970. Of
tliat nliinber 203 apartm,,-nt units were co,,istrLiCted within Atlantis Apartrrent--
'Iiie pi-es2nt z,,)riirg (;@,-2) as iiidica-@ed ri -@- z(,,@iing is Ideqljate
a to@inhouse subdivision therefore a t@e-zoiing is not necessary.
i%lr. Carrington stated they @qere requesti.ng a release from a portion
of a use permit granted to @V. R. Kelly Company on January 12, 1970,
for 404 apartment units. Tliis is locetted at Birdneck Road and Hope
Avenue on 25 acres at a density of 16.6 uni.ts per acre.
Builclin-. permits ii--rc issued for 208 uitits on approximatcly 12.5
@icres and conslructecl witilin the Attantis Apartments. The property
is currently zoned A-2. These buildin., permits activated the use
periiiit.
@,ir. Carrington further stated that they requested he be allowed to
abandon the use pernit under which he could build 196 apartment
unit-s on tiie reinainder 12.5 acres. Townhouses for sale which can
be done under the existing A-2 zonin@ at a density of 9 units per
acre or approxiinately 112 to@vnliouses.
Councilman Griffin made a motion, seconded by Councilman Callis, to
relieve Mr. C. S. Jackson of obli.@atioiis under use permit number 8S@D
aiid that he @oe allowed to proceed under the Comprehensive Zoning
Ordinance and subdivision ordinance now in effect in the City of
Virgiiiia Beach, with a stated density on a rellaining approximately
12.S acres for 114 townhouse units foi sale. The recor@led vote is
-Ls
, follows:
Aves: Councilmen Jo',In A. Baum, Robert H. Callis, Jr., Robert B.
Croiii@,rell, Jr., Vice i,layor George R. Ferrell, (:harles IV. Gardner,
Jo'liii R. Griffin, Clareiice A. @iolland, @llayor J. Curtis Payne,
Patrick L. StaTidiii,,,, and Floyd F,. @'v@atErfield, Jr.
il@ ziy s -@ None
Abs,3n-c: Counciliiian J. fienry McCoy, Ji.
City Council voted to relieve Mr. C. S. Jackson of oblijations under
use permit nuinber 853 and that he be allowed to proceed under the
Coiitprehonsive Zoning Ordinance alid Subdivision Ordinance now in
effect in the City of Virgiiiia Beach, @,iith a stated density on a
reiiiainin.a approximately 12.S acres foi, 114 townhouses for sale.
Oii c,3rtain property located on tlie i@qoitlieast corner of North Birdneci@
Road and Hope Avenue and rujinin.@ a dis"ance ol@ 200 feet along the East
side of North Birdiieck Iload, runniii@. ; distaiice of 2575 feet alon., tlie
Sou-ii--rn property @lortherii pi-opcrty Iiiie of flope 'Avenue and t'le
,,A@)r.Eolk ai-id Soiittierti Rai-lway Cor@t,.)ai@, "lio.lit oF @Vay, ru,,.Iiin-. a distance
of i9OO feet alon@ tlif-, 4orthern propci,ty iine. Plats iritli more
detailed inforiiiatioii are avaliable iii tlie Officc of tlie Departnient oF
City Planiiing. 25 acres. (Seat;ic',- Ai --a) Lyniitiavell liorouali.
;@i)l)roval is subject to tlie follo@,,ii-,@,:
I
1. Participatioti in sciiool site I)ur(@liase iii tiie amount oE@
$3,28S.48 for J.14 t1/2qo-bedrooiii to@,aliouses for sale; tliis
figure may bo @idj Liste(i at tite tii@te tiic I)ti@id@ing per!.,I@t
is issued to t,eflect aiiy cliaiiges.
l'I'L @ 14 i 3
Oil r@iotion by Councilnan Callis, seconded by Vice @,layor Ferrell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baurti, Robert 11. Callis, Jr., Robert B.
Cromwell, Jr., Vice i%layor Geor@.e R. Ferrell, Cilarles 1/2'@. Gardner,
John R. Griffip, Clarence A. Holla-nd, ',Iiyor J. Curtis Payne, Patrick
L. Standiiig, -@Lnd Floyd F,. @Vaterfielct, Jr.
i@ays ; iN;@ o ne
Absent: Councilman J. ktenry iiccoy, Jr.
City Council approved on second readin, an appropriation of $3S,000
from the General Fund as a loan to increase tlie ivorkin@. capital of
the City Garage from $125,000 to $160,100
ITE'@,! @,@7434
On r@iotion by Councilman G.ardner, seconded by Council.,aaii Callis,
and by recorded vote as follows:
Ayes: Councilinen John A. -Daum, Rober@ 11. Callis, Jr., Robert B.
Iroi@,itiell, Jr., Vice @,layor Geor@e 1. Fecrell, C@larles '.i. Gardner,
I -
Johii R. Griffin, Clarence A. Ilolland, .@layor J. Citrtis Payne, Patrick
l@. Standing, and Floyd -E. @Vaterfield, Jr.
,@ays : i@one
AI)s--nt: Councilman J. ilenry f@IcCoy, Jr.
City Council approved on second readin@, a teiiiporary loail of $SS,000
froiii the General F,,tncl to the I'later ,,i@,id Seiver Fund.
ll'E@,[ #74i5
Oil riotion I)Y Councilinan Gardner, secon(ted by Councilmall @aterfield,
,ind by recorded vote as follows:
Ayes: Counciliiier,. Join A. Baujii, Robert 11. Callis, Jr., obert B.
Croinweil ' Jr., Vic- %Iayor George IZ. Charles @"'. C@,ardner,
-Joliii R. Griffiii, Clarence A. I-IollLiiid, l@layor J. Ctirtis Payne, P.,.@tricll-
L. Standin@, and Floyd L. @'iatei,ficici, fr.
@@ays'. ,Ioiie
Ab,;ent: Couicilmar, J. lienry @@IcCoy, Jr.
City Council approved tlie followin,,, or(linance appointing vie@iers
for a portion of Tentli Street in tlie Vi-rl,inia Bc@icli Borou.@h:
- - - - - - - - - - - - --- - - - - - - - - - - - - -
ORDINANCE APPOINTING VIEWERS
------------
IVHEREAS, BEACHLAWN BAPTIST (-HURCH, has given due and proper
notice, in accordance with the statutes for such cases made and
provided, that it will, on this (lay, apply to the City Council
of the City of Virginia Beach, Virginia, for the appointment of
Viewers to view the below-described property and report in
lwriting to the Council, whether, in the opinion of said Viewers,
any and if any, what, inconvenience would result f--om the discon-
tinuing of the hereinafter.described portion of Tenth Street, in
!Virginia Beach Borough, of the City of Virginia Beach, Virginia,
I
iand has filed such application with the said Counc-@l;
NOW, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
IVIRGINIA B@r-ACH, VIRGINIA,
That, Geor,_,e L. Hanburv, @Villiaiii IV, Flemina- T-r nnl
Charles C. CarrinQton
are hereby appointed to view the below-described property and
report 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
icertain portion of Tenth Street, located in the Borough of Virgini@
Beach, City of Virginia Beach, Virginia, and described as follows:
THAT PORTION OF LAND in Virclinia Beach Borougl-i,
City of Virginia Beach, Vircjinia, beqinning a',-
a pin approximately 26.65 feet South of the
Southeast corner of Norfolk Avenue and Mediter-
ranean Avenue, and from said pin running South 71
O' O" lqest a distance of 50 feet to a pin; thence
turning and running North 83@ O' O" West a dis-
tance of 180 feet to a pin; thence, turning and
running North 7' O' O" West a distance of 33.85
feet to a pin; thence turniriq and running North
83' 37' 30" West a distance of 69.82 feet to a
pin; thence turning and running South 83@ 01 O"
West a distance of 112.07 feet to the point of
beginning.
IOORE, BRN@DCES
&COHEN SAID PROPERTY 8EING a portion of Tenth Street
A@ (formerly 13th Street), a paper street estab-
lished by the City of Virginia Beach (formerly
the Town of Virginia Beach), and heretofore put
to reco@d. I
I
ii
1/2 I
I
ii I
IN THE HATTER OF CLOSING, VACATING
AND DISCONTINOING A PORTION OF TI@NTH
STREET, VIRGINIA BEACH BOROUGH, (@ITY ---------------
OF VIRGINIA BEACH, VIRGINIA, SAT[) P E T I T I 0 N
PROPERTY BEING BETTER DESCRIBED ON ---------------
THE COPY OF PLAT HERETO ATTACIIED.
TO: THE r4AYOR AND THE MEMBERS OF THE COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA.
Petitioner, BEACHLAWIN BAPTIST CHBRCH, respectfully
represents:
(1) That pursuant to the provisi6ns of Section 15.1-364
of the Code of Virginia, as amended, the said Petitioner applies
for the vacating, closing and discontinuance of a certain portion
of Artic Avenue, situated in Virginia Beach Borough, of the City
of Virginia Beach, Virginia, and described as follows:
THAT PORTION OF LAND in Virginia Beach Borough,
City of Virginia Beach, Virqinia, beginning at
a pin approximately 26.65 feet South of the
Southeast corner of Norfolk Avenue and Mediter-
ranean Avenue, and fro@-n said pin running South 71
O' O" West a distance of 50 feet to a pin; thence
turning and running North 83' O' O" West a dis-
tance of 180 feet to a pin; thence, turning and
running North 71 01 O" West a distance of 33.85
feet to a pin; thence turning and running North
83@ 37' 30" West a distance of 69.82 feet to a
pin; thence turning and running South 83@ 01 o,,
West a distance of 112.07 feet to the point of
beginning.
SAID PROPERTY BEING a portion of Tenth S-Ireet
(formerly 13th Street), a paper street es--ab-
lished by the City of Virginia Beach (for:,-,erly
the Town of Virginia Beach), and heretofore
put to record.
(2) q'hat no inconvenience will result to any person by
reason of the said closinq, vacaltng and discontinuance of the
said portion of Tenth Street, and Petitioner prays that this
Honorable Council appoint View--rs as provided by the aforesaid
statute to view this portion of Tcnth Street proposed to be closed
and report in writitg to the Council on or before the Ctz? day of
;i)014E 13f@l DCES
PETITION OF BEACHLAWL4 BAPTIST CHURCH
ifor the closing, vacating and
idiscontinuance 0-@ a portion of Tenth
IStreet --------------------------------------------------- Page 2.
1974, whether, in the opinion of the said Viewers, any,
and if any, what, inconvenience would result from the discontin-
iance of the said portion of Tenth Street heretfore described.
(3.) That the land along and adjacent to said po--.tion of
Uenth Street desired to be closed is owned by the Petitioner
herein, the Beachlawn Baptist Church.
(4). That on the t@ @ay of -July 1974, notices of the
presenting of this application were posted at the Court House oi
the Circuit Court of the City of Virginia Beach, Virginia, and
on the pre@ses to b-- closed, and at the City Hall Annex, 19th
St. and Arctic Avenue, Virginia Beach, Virginia, as evidenced by
the Affidavit at-,ached hereto, and a copy of said Notice; and
This Petition is respectful-Ly submitted.
BEAC
',,y
11@IEL@CO-L4EN,Attorney
@Natiaanlei J. Cohen,
7 46
011 !lotion by Vice @layor Ferrell, secori@led by Coulicilman 'loll and,
ajid t)Y recorded vote as foll0lis:
Councilmen Joiln A- @aun, iobert H. Callis, Jr., Rc)l)er-L B-
Ayes: J:(@rreii, Cliaries W. Gardner,
C,roi@,l@ell, Jr. , Vice @layor Geor-c P,. j. Curtis pay,le, Patric"'
jolii-@ R. Griffill, Clarence A. Ifoliall(-I, @,layor
Standing, aiid Floyd l-',. ,@laterfielcl, Jr.
.ays: None
,,V,)sent: Coulicilgian J. lie",ry 'ICCOY, J
city Council appr,ved tlie follo@qing Ordinance appointin-@ vie'.1'ers
00-rtion nett Road ir@ t,qO @,,-Mpsville borouv@h:
0 a r
ORDINAINCE APPOliNTIiNG VIEWERS
W'-TFREAS, Indian L Itic, , has @iven due and proper notice,!
in accordance wi'h Lhe statutes for s Lch cas@-s -nade and -arovided, ',hat it
would on Lhis day apply to the Gity Ciuncil of the City of Virginia Beach,
Virgirlia, for the appointment of Vie%vers to view the below described
property and report, in writing to the Council whether, in the opinion of said
Viewers, any, and if any, what @Lticor venience would result from the dis-
cont@nuin@. of the hereinafter describ@,@d portion of Garnet@, Road in the
Kempsville Borough of the City of Virgin@a Beach, Virginia, and has filed
such application with the said Council.
INOW, THEREFORE, BE IT ORDAIN--D BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACII, VIRGINIA:
Tliat, Geor, e J,. ll@iPL)urv, Ciiarles C. CarrinQton, Liid
William @V. l@iciiiin,@, Jr.
are hereby appoitited to view the ldel(,w described property and report in
writlng to the Council on or befor-- 1974@
wliether in their opinion, any, and if anv, what@ inconven;ence would resul@ll
from tli-- discor,@@intin,, closing atid %acitLn,, of thal, cortail portion of C,.arnett
Road, located in tlie Borough of Kemosville, City of Vir,,'n@a Beac-h, Virginia,
and described as follows:
ALL TIJAT CERTAIN po.,-tion of Garnet,t Road
"STREET CLOSURF." as ,3hown cn thit certain
plat@ entitl(@d "Plat of Iiicii-in Lakes Sulidivisi,)n,
Section 'B-l' Kerni)sville Boro@t,,Il, Virginia
Beach, Vir-.inia", and described as follows:
Beginning at a point in th,@ southern ri,ht of way
line of Andover Road at i s iriter@,,ection with the
eastern ri,,h" of way line c)f Garnett Road shown
as a 70' road on the I)Iat )f the slibiivi-@ion of
Section 14, Acredate ts i,ecorded in Map Book 39
at@ pi@@e tZ, arid froni sai,i point of be,iining run-
in,@ soith 31 @ 26, 30" @est @@2 @. 3@' t(, 't poicit tt
n
thL@ ititersect@on of stid G@irnett. Pt)ad itid the 75@
d-aiiia,le, (@,tsem@n@ slic)wn )n th@ )f fcdiin
Lakes Subdivision, Section "B-l"; thence turning
and running along the northern line of said 751
drainage easement north 5-1 @ 06, 20" west 70. 021
to the western side ol@ said Garnett Road; thence
turnin@ and runnin., @@or'lh 31 @ Z6' 30"east 190. 56,
to a point; thence rutining aloril, a curve to the left
a raclius of 10' a disiance of 15.4@31 to a point on the
southern right of way line of Bonneydale Road; thence
aic)n., a curve to the left having a radius of 58. 27,
a distance of 93. 01' to a point in the eastern half of
Garnett Road; thence runnin@ north 31@ 261 30,, west
a distance of 560. 34' witliin the existing 701 ri@ht
of way of Garnett Road tc) the southerli right of way
line of Andover Road; thence turning and running
alorig a curve to the left liaving a radius of 441. 56,
a distatice of 20. 191 to tlie point of beginning.
'EHE MA 17TER OF CLOSING, VA(,ATIING
AIND DISCONTL\IUING A PORTION OF
GARNETT ROAD PETITION
TO: THE MAYOR AND THE MEIMBI,,RS OF THE COUNGIL OF THE CITY
OF VIRGINIA BEACH, VIRCTNEA:
Pe[iLi,)n(-r, Indian f,ales Inc. , respectfuliy reidresents:
1. That pursuant tio l@t-ie )rovisions of S(,ctio-'l 1 5. 1- 364 C)f th(@
Code of Virginia, 1950, as amended, the said petitioner applies for the
vacating, closin, and discontinuin(, of a portion of a certain street situate
in the Borou.,h of Kempsville, City c)f Virginia Beach, Virginia, and des-
cribed as follows:
ALL THAT CERTAIN po@-tion of Garnett Road
"STREET CLOSURE" as shown on that certain
plat entitied "Plat of Indiari Lakes Subdivision,
Section 'B-l' Kempsville Borough, Virginia
Beac@h, Virginia,,, ancl described as follows:
Beginnin@ at a point in Lh@ southern right of way
line of Andover Road at its intersectior, with the
eastern right of way line of Garnett Road shown
as a 70' road on the ptat of the stibdivision ol@
Section 14, Acredale ts -ecorded in Map Book 39
at page 42, and from sai,l point of begintiing run-
ing south 31 @ 261 301, west 824. 331 to a poirt at
n
the intersection of said Carnett Road and the 75'
drainage easement shown on the plat of Indian
Lakes Subdivision, Secti,)n "B-111; thence turnin@
and running along the northern I.ine of said 751
draina.,e easernent north 57 06, 2011 west 70.021
to the western side of said Garnett Road; thence
turnin,., and running nort@, 31 ' 261 3011 east 190. 96,
to i pc)itit; then,@e rtlnrin@ alc)n,@ a (-urv@t to the le,@t
a r@tdius o@ 10' a distat-ic(@ of 19. 45' to a point ID-1
soilthc,.rn right of way liri,@ of Bonneydale Rc)ad: thence
alon, a @urve to the I @ft liaving a radius of 5@'. 271
a distance of 93. 01' to a Ooint in tlie eastern half of
Gartiett. Road; thence rtlti i ing north 31 @ 26' 30" west
a distatice of 560. 3-,tl witi@Ln the existing 70' ri@llit,
of ,v-,iy of Garn(@tt Road t( tho southerti ri,.,ht of way
line of Andover Road; turnin-. and running
alon@., @t ctirve tc) the left liavin,, a radill'@ c)f 441. 5'
a cli,@tance of 20. 19' to th,,- point of be,innitig.
2 That no inconvenience will result to any person by reason
of the said closing, vacating and discontinuing of this portion of said street,
and petitioner prays that this Honor@tble Coiincil appoint Viewers as provii
by the aforesaid ,it,-tute to view L,,ie i)ortiori of tihe said street to be closed
and report in wriling to this Gouticil C)n or before
1974, whether, in the opinion of the said Viewers, any, and if any, what
inconvenience would result from the discontinuing of the said street.
3. That on the 26th day of July, 1974, notices of the
presentin- of this application were posted at the Courthouse of the Circuit
Court of the City of Virginia Beach, Virginia, and at two other public
places within the said City, as evidenced by the affidavit attached hereto,
and a copy of said notice, and the land owners along and adjacent to said
street desire and request the said p,)rtion of Garnett Ro-.td to be closed, as
shown by the attached letter.
R,@spectfully submitted,
INDIAN LAKES, INC.
By
I/
Of Counsel
I'FF@Nt Y7437
On iiiotion by Couiicilman ffolland, secopded by Councilman -allis,
aiid by recorded vote as folloiis:
Ay(,-s: Counciltiioji Jolin A. Baum, Robert 11. Callis, Jr., Vice @layor
Geor,e R Ferrell, Cliarles @V. Gardrier, Jolii,, i". Clarence
A. fiolland, Mayor J. Curtis Payne, Patrick L. Standing, and Floyd
E. llaterfield, Jr.
ay s inono
Abs taiii: Couilciljitaii Rol)ei't B. Croyii@-iol 1, Jr.
,k'Dsent: Councilinan J. Ilenry @IcCoy, J] .
City Coup--il approved tile followiti,, oi-(Iinance appointing vietvers
fc)r @i portion of IVetmore Road in th@-, l@-ly-,;ide loi,oLigii:
ORDINANCE AP-P()I@ITTdIG VIEIRERS
IqHEI@EAS, Walke Farm Associates, by counsel, have @.iven due and
proper notice, in accordance wilh tltc slatutes for sucti cases made and pro-
vided, that it would on this day appl3 to the City Council of the City of
Virginia Beach, Virginia, for the appoinlment of Viewers to view the below
described property and report in w@itin@ to the Council whether, in the
opinion of said Vie,qers, any, and if any, what inc,)nvenience would result
from tfie discontinuing of the hereinaf Ler described portion of tletmore Road
in the Bayside Borou,h of the City of Virginia Beach, Virginia, and have
filed such application with the said Council.
NOW, THFREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINTA BEACH, VIRGINTA:
That, George L. lia,-ibui-y, Cliarles C. Carrin@,ton, and
I'lilliain ;,'I. Jr.
are hereby appointed to view the bel.ow described property and report in
writing to the Council on or before
whether in their opinion, any, and if any, what inconvenience would restilt
from the discontinuin,., closin-- and vacatin,- of that certain portion of
Wetmore Road in the Borough of Bayside, City of Virginia Beach, Virginia, and
described as foll @4s:
All that corlain portion ,f a street -ocated
in the gayside Borou.@h of the City of Virgiiiia Beach,
Vir--iiiia, known as WeLmore Road and described as
follows: Beginning aL a point c)n Clie northerly side
of Wtshart Road at its intersection witti tlie V)estern
side of Wetmore Road, aild rupnln,l Llielic,- al(in, the
nort'lier@i side of @4isliarL [',,)ad S 6511 49' 40" E a
distance of 20.37 feel to its intersection with tlie
eastern side of @@etmore Rc@ad, runniii tiaence along
the easi:ern side of @4et:r@iore Road N 130 16' 49" E a
distance of 80.03 feet to a point niark,,d by a tyin@
and thence conlinuin- alon, the eastern side of
tqetmore Road N 130 16' 49" E a distance. of 1030.92
feeC to a point marked by an ol.d pin, and thence
continuing along tlie eastern side f Wetmore Road
N 140 55' 00" E a dislance of 642.CO feet to a pin,
and thence continuing alon,,, thL, east:ern side of
Alfi-d Wetmore Road N 140 55' 00" E a (Iis Ltnce f 20.54
fcet to a pin in tli@- intersecti,)n L-,I- f he. sc,uthern
line of the property now or formerly of the School
Board of the City of Vir@,inia Beach, Vir@.inia, with
the eastern side of Wetmore Road, and thence running
along t,ie s,)uthern line )f the property now or
formerly of the School B,)ard of tiie City of Virginia
Beach, Virginia, N 850 33' 49" W a distance of 20.29
feet to a pin in the intersection with the southern
line of the property now or formerly of the School
Board of the City of Virginia Beach, Virginia, with
the weslern side of Wetmore Road, and thence running
alon@. the western side of Wetmore Road S 140 55' 00" W
a distance of 660.76 feel to a pin, and thence con-
tinuing alon- the western side of Wetmore Road S 130
16' 49" W a distance of 695.26 feet to a pin, and
thence continuing along the western side of Wetmore
Road S 130 16' 49" W a distance of 336.34 feet to
an old pin, and thence continuing along the western
side of Wetmore Road S 130 16' 49" W a distance of
74.16 feet to the point )f beginning.
N@,b.@,@ & Alfi-d
Tlie The Honorable Mayor and Members (@f rh--
City Council
City of Vir?inia reacli, Virginia
Municipal Center
@Virginia Beach, Virgi@iia
Gentlemen:
Your petitioner, Walke Farms Associates, a partnership, respect-
fully represents.
1. That it is vested witli fee simple title to a certain parcel
of land lying and being in the Bayside BorotiFh of the City of Vir.,inia Beach,
Virginia, on both the east and west sictes of Wetmore Road running from
Wishart Road in a norllierly directi,@ri I:o the southern line of the property of
the School Board of the City of Virg4@nia Beach, Vir-.inia.
The said @qelmore Road is described as follows:
All that cert:ain portion of a streel located
in tlie Bayside Borough of t:he City of Vir@.inia Beach,
Vir,.inia, kno@in as t@etmor(, Road and described as
follo@gs: beginning at a p@)int on the iiortherly side
of Wishart Road at its inlersection with the @qestern
side of @letmore Road, and runnin@ thence alon, the
northern sid-- of Wishart load S 650 49' 40" E a
distance of 20.37 feet to its intersection with the
eastern side of Wetmore Road, running thence alon,@
the eastern side of Wet:mo-e Road N 130 16' 49" E a
distance of 80.03 feet to a point rparked by a pin,
and tlie-,ice continuiii@ aloii, the eastern side of
Wetmore Road N 130 16' 49" E a distance of 1030.92
feet to a point marked by an old pin, and thence
contint.iiil, alc)ng the east,!rn si(le of Wetinore Road
N 141, 55' 00" E a distaqc@@ oE (,!@2.00 feet to a 1)in,
and tlilnce contiriuing aloii@,, Lhe eastern side o-
Wetmore Poad N 14(' 55' 00" E a distance of 20.@'--
feet to i pin in the iiitei-section of the soutr,.ern
lii)e of tlie properlv no-w )r EC)rlnerly of tlie Sc',,@ol
I
Boa,-d of the City of Vicg ilia Bo-ach, Vir,,,iiiia, witii
tlie castcrn sid,@ of @l@tno,-e Road, and rhencc ruiinin.@
along tl,e. southc--rii llne o th,-, prop--rty now or
formerly of the School Bo@trd of tlie City of Virginia
Beacti, VLrginia, N 35@ 33' 49" ;q a distance of 20.29
feet to i pin Ln tne itit:e--section with the sou!:hern
line of t:he property iiotq ,r formerly o,' t:tie Sc@ool
Board OE Lhe City of Virg;nia Beacti, Virginia, with
the westc@rn side of Wetirore Road, and Lhence running
alorig the @iestern side @f WeLmore Road S 14@ 55' 00"',l
a distance of 660.76 feet to a pin, and thence con-
& tiiitiin-. alon., ttie western side of Wetmore Road S 130
16' 1,9" W a distance of 'O')5.26 fcet to a pin, and
tbence continuin@ al(@i,,- the western side of Wetmore
Road S 13@ 16' 49" W a distance of 336.34 feet to
aTi c,ld pin, and thenc!,@ c,,ntinuing a]-on, the western
side of Wetmore Road S l'io 16' 49" W a distance of
74.16 feet to the point )f be@.innin,..
2. Attached hereto and iiade a part hereof are seven copies of a
physical survey entitied, "Survey of Ilortion of Property of Diana T. Parks, et
al, for WaIL-,e Farrq Associates, BaysidL@ Borough, Virginia Beach, Virginia,
made by Rouse - Sirine Associates, Lt(I., dated June 1, 1973, and recorded in
the Clerk's Office of the Circuit Court of the City of Vir@.inia Beach,
Virginia, in Hap Book 103, at page 5, which shows the location of the afore-
said road.
3. That your petitioners are sole proprietors along the said
Wetmore Road, however, as shown on th(@ aforesaid plats the said Wetmore Roa,
dead ends at the property designated thereon as "Now or Formerly Herbert L.
Kramer (Map Book 95, page 32)", which property is now owned by the School
Board of the City of Virginia Beach, Virginia.
4. That the said Wetmorc- Road is not now and has not in the
past been maintained by the Departmen(: of Hi-.hways or the City of Virginia
Beach, Virginia.
5. ThaL: your petitionerti desire pursuant to the provisions of
Title 15.1, Section 304 of the Code o- Virginia, as amended, to have the arore-
said Wetmore Road closed, vacated and discontinued.
6. That as required by @Citle 15.1, Section ',-04 of the Code of
Vi@ginia, as amend,,d, nolic@ of tl,ig @,pplication was postd 3t I:hc C.@7th ouse
of tlie Circuit Cc)urt of the City of Vi.r,.inia Beach, Virginia, and at two
public places in the City of Virginia Beacti, Virgiiiia, to-wlt:
(a) The Virginia Be@ich Civic CenLer, 19th and Pacific Aven(te,
Virgiriia Beach, Virginia.
(b) Utility p,@le tliacent to Wetmore Road and Wishart Road,
N.sb@- Alf@i@@d
7. Ttiat two copies o[ the aforesaid nolice together with two
copies of the affidavit of postin.,,,, are attached hereto.
8. That a copy of tlie aforesaid n,)tice was mailed by certified
mail to Mr. E. E. Brickell, Superintendent of Schools for the City o,'
Virginia Beach, Virginia.
liherefore yotir petitioners pray that the City Council, pursuant
to the provisions of Title 15.1 Section 364 of the Code o@@ Virginia as amended,
appoint not less than three nc)r more than five viewers to view the aforesaid
Wetmore Road and report in writing whether in their opinion, any and if any,
iqhat inconvenience would result from discontinuing the sarqe, and that an
ordinance of vacarion as to the liereinlescribed Wetmore Road be enacted by
the City Council.
VTAL"'E FAPM ASSOCIATES
By
6i) Counsel
NUSBAUM AND ALFRIEiqD
1620 Virginia National Bank Buildin',
Norfolk, Virginia 23510
-3-