HomeMy WebLinkAboutMAY 22, 1972
MINUTES OF TFIE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
May 22, 1972
The regular meeting of the Council of the City of Virginia Beach, Virginia was
held in the Council Chambers in the Administration Building, in the Borough of
Princess Anne, on Monday, May 22, 1972, at 2:00 p.m.
he invocation was given by Reverend Forrest Wells, Christian Church United,
@irginia Beach, Virginia.
Councilmen present: Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon,
J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and
Mayor Donald H. Rhodes.
Councilmen absent: None
ITEM #4613
On motion by Councilman Ferrell, seconded bv Councilman Dusch, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon,
J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and
Mayor Donald H. Rhodes.
Nays: None
)sent: None
City Council approved the Minutes of the Regular Meeting of May 8, 1972, and
the reading of said Minutes dispensed with inasmuch as each Councilman had a
copy of the subject Minutes before him.
ITEM #4614
On motion by Councilman Malbon, seconded by Councilman Dusch, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon,
J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and
Mayor Donald H. Rhodes.
Nays: None
Absent: None
City Council approved on second reading an appropriation in the amount of
$12,907.95 representinz dues assessment to the Tidewatey Virginia Development
r-uncil (TVDC) coverin-g the period January 1 - June 30, 1972.
ITEM #461S
On motion by Councilman Holland, seconded by Councilman Payne, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon,
J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and
Mayor Donald H. Rhodes.
Nays: None
Absent: None
City Council approved on second reading an appropriation in the amount of
$66,074. for the City's contract with Ford Pile Foundation, Inc. to con-
struct a bulkhead in front of property owned by Mr. C. S. YodeT at 3rd Street
and further approved an adjustinent in the estimated revenues of $70,000. to
cover said contract.
ITEM #4616
,,ayor Rhodes announced the presence of Mrs. Slovecek's 7th Grade History Class
from B. F. Williams School.
ITEM #4617
@Ir. I.arry Luhrs appeared on behalf of the residents of Framingham Village,
College Park Area, regarding redress in the matter of a limited commercial
zoriing (Seven-Eleven Store) in their residential subdivision. The follow-
ing also appeared opposing the encroachment of commercial zoning into single-
family zoning:
Nlr. Roy Short
Miss Mindi Guthrie
Mr. George McHorse
Mr. James Pickrell appeared on behalf of the Seven-Eleven Store.
,Nla,,Ior Rhodes inclicated that Council could not initiate action to prohibit the
owner of the subject property from utilizing his land in accordance with the
conimercial zoning, which was obtained in 1967, as such a measure could sub-
ject the Council to punitive consequences. It was further suggested that
since there was a question of misrepresentation to the residents in the area
egarding the actual zoning of the subject property, their most advantageous
eans of reparation would be in the courts.
ITEM #4618
Mr. Robert A. Stewart, Attorney, appeared oia behalf of "Food Fair", requesting
tha.t Council waive the zoning moratoriui-q to allow them to apply for a change
of zoning from limited commercial. to general commercial on a section of their
property, J. @l. Fields Store, south of Virginia Beach Boulevard on Columbus
Circle in order to provide for an automobilo service station and self-service
pumps.
There was no action taken on the above requ,,st to waive the zoning moratorium
to allow "Food Fair" to file ind applicatioii, as it was the general consensus
of the Council that the delay caused by tlie iqoratoriuni does not constitute a
hardship in this particular case.
[City @l@inager noted that at tlie time the I)roperty in question was rezoned to
lir@,,ited coiiunercial,the ppli.cant ivas inform(@d that this zoning did not include
the operation of a service st@ttion and self-sei@vice pumps.]
IT'ENI P4611)
r. E. R. Cockrell, Agricultural Agent, @PI f-,xtention Service, appeared before
itv Council requesting theii, stipport and loc@il idoptioii of flouse Bill 99.
1
City CIOLInCil indic@tted that ttiev @@ould t@ike tliis request relative to [louse Bill
99 Lindcr advisement and reqitestcd the Cit@, @laiiagcr to contact the Commissioner
of Outdoor Recreatiot) regarclin, the stand@ir(ts establi.shing uses applicable under
the "Open Space" classificzitioli. City Couii(@il also requested further study of
this 1)roposed I)ill bv v@triotis City dep@irtniciits aiid tlie submission of their
recom,iie.itdation-,; .
R E S 0 L U T I 0 N
WHEREAS, by ordinance adopted August 31, 1970, the City.has
requested, authorized the construction, and appr6priated the necessary
funds for Route 645 (Rosemont-Road) as Project UOOO-134-102, PE-101,
R/K ZOI, C-501; and
WBEREAS, on May 4, 1972 a public hearing was held in reference
to the proposed Highway Development Project UOOO-134-102, PE-101,
R/K 201, C-501, (Rosemont Road) in the City of Virginia Beach,
Virginia.
NOWTHEREFORE, BE IT RESOLVED by the Council of the City of
Virginia Beach, Virginia:
1. That the Virginia Department of Highways is hereby
au:thorized to proceed with the advertisement for construction bids,
on Rosemont Road from the intersection of ifolland Road to the
intersection of Hilber Street as presented at the aforementioned
public hearing.
@layor
Cit
(COUNCILMEN ROBERT H. CALLIS, JR. AND FRANK A DUSCH LEFT THE COUNCIL CHAMBERS)
ITEM #4620
On motion by Councilman Ferrell, seconded by Councilman Cromwell, and by
-ecorded vote as follows:
'Yes: Councilmen Robert B. Cromwell, Jr., F. Reid Ervin, George R. Ferrell,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice Mayor Earl M.
Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: Councilmen Robert H. Callis, Jr. and Frank A. Dusch.
City Council requested that the matter of Heritage Arms Apartments, which
are now under construction by Thalia Wayside Corporation be placed on the
City Council Agenda for June 5, 1972, and that the applicant be so notified
of the pending consideration of this matter and the possible revocation of
the use permit.
ITEM #4621
Mr. Walter Leveridge appeared on behalf of the Concerned Citizens for Con-
servation and Recreation to present their proposal for use of the beach area
at Back Bay Federal Wildlife Refuge (a copy of which is on file in the Office
of the City Clerk). Mr. Leveridge also discussed the pollution of the
Chesapeake Bay and Lynnhaven River by effluent emanating from the various
public and private utilities.
COUNCILMEN CALLIS AND DUSCH RETURNED TO THE COUNCIL CHAMBERS)
ITEM #4622
On motion by Councilman Ervin, seconded by Councilman Malbon, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
City Council approved the following Resolution authorizing the Virginia Depart-
ment of Highways to proceed with the advertisement for construction bids on
Rosemont Road:
ITEM #4623
On motion by Councilman Ferrell, seconded by Councilman @Ialbon, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frnak A.
Dusch, F. Reid Ervin, George R. FerTell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl @l. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: None
@bsent: None
City Council adopted the following Resolution:
At a meeting_ of the City Council of Vir@a Beach., Virginia, held this
day o@ 19@l the foucwing resolution was adapted:
4
WHE@S. the Highway Department proposes to construct or otherwise improve a section
-of Rosemont lioad fran HoUand Road to Hilber Street -desi'gnated as Highway Project UOOO_134-
102 C-501; and.
@IRE@l, the City Council is responsible for making arrangements for the adjustment
and./or relodation of certain utilities and for the instal-lation of any new facilities;
NOWS THEREFORE, BE IT MSOLVED, that the City Counci-I of Virginia Beach hereby certi-
f-*-is that all arrangements have been made or will be made for the relocation and/or adjust-
c @t of said uti-I:Lty facilities., and for the installation of any new faci.-lities. In the
event of any justifiable claims from the road contractor for delays or interference caused
by said utilities, the City of Virginia Beach hereby agrees to be responsible for said
claims, provided it may legally do so and further provided that the City is advised in
wr-iting by the Highway Department at the time of delay that the road contractor inten@
to file a claim.
Said uti2.ities are identified as fo2-lcws:
Utility Owner @e of Facility
City of Virginia Beach water and sanitary sewer
City of Norfolk water
Virginia Electric and Poder Company gas and electric
The Chesapeake and Potomac Telephone
ICompany of Virginia telephone
Princess Anne Utilities, Inc. sewer
A@copy teste:
Mayor
City of Virginia Beach
(COUNCILMAN J. CURTIS PAYNE LEFT THE COUNCIL CHA@IBERS)
ITEI@l #4624
on motion by Councilman IVaterfield, seconcied by Councilman Cromwell, and by
recorded vote as follows:
Ayes: Councilmen Robert 11. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, (:Iarence A. Ifolland, D. @lurray
@Ialbon, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and @layor
Donald H. Rhodes.
Nays: None
Absent: Councilman J. Curtis Payne.
City Council adopted the following Resolution protesting inadequate allocation
of impacted area funds to Virginia Beach Public Schools under Public Law 874:
IZESOLUTION PROTESTING INADEQUATE ALLOCATION OF L@IPACTED AREA FUNDS
WHEREAS, the proposed Federal Bu(Iget for fiscal year 1973 for
Vi.rginia Beach Public Schools pursuant to the provisions of Public Law 874
(Aid for Impacted Areas), indicates a drastic reduction in the amount
appropriated, and
WHEREAS, the proposed allocation constitutes a drastic reduction
from the appropriation for the current fiscal year; and
WHEREAS, the United States Congress previously has authorized, and
appropriated, eduqational aid funds for this City;
NOW, THEREFORE, BE TT RESOLVED bv the City Council of the City of
Virginia Beach, Virginia, that cognizant lcderal le.uislatoys be immediately
informed of the proposed reduction in Public Law 874 funds and of the
disastrous consequences such a reduction I)ortends for public education in
the City of Virginia Beach; and
BE IT FURTHER RESOLVED that federal legislators be strongly en-
coura@.ed to support increased Public Law 374 appropriations for the Virginia
Beach Public Schools; and
BF, IT FURT[IFR RESOLVFD that this resolution be inade a part of the
I)ermanent records of tiiis (@ity and that the City Clcrk be directed to forward
certified copies of this resolution to Son,,itor flarrv F. Byrd, Jr., Senator
l@illiam B. Spoiig an(I Reprosentz)-tive G. l@illiari Whitohurst.
Adopted by tlio City Council oF the City of Virginia Beach, Virginia,
at a meeting held @lay @-2, 1972.
(COUNCILMAN PAYNE RETURNED l'O TfiE COUNCIL C@IAMBERS)
ITEM #4625
[REFERRED BACK TO CITY COUNCIL BY ACTION OF CIRCUIT COURT ON APRIL 18, 19721
Application of David I. and Barbara F. Levine for a Use Permit to construct 384
apartment units on certain property located on the Eis-t side of South Lynnhaven
Road across from Silina Drive, running a distance of 1503 feet along the Western
property line of which 843 feet is the East side of South Lynnhaven Road, running
a distance of 1104 feet along the Northern property line, running a distance of
1384 feet along the Eastern property line and running a distance of 933 feet along
the Southern property line. Said property contains 21.6 acres more or less.
(Princess Anne Plaza Area). LYNNHAVEN BOROUGH.
The Planning Commission recommends approval of this application subject to a
reduction in density from 384 to 328 apartment units since one-third of the
property was in the flood plain. The approval was further subject to site plan
approval by the Planning Department prior to application for a building permit.
The School Board requests participation in the school site acquisition formula.
Approval was further subject to a dedication of right of way 45 feet from the
center line of South Lynnhaven Road and a dedication of 150 feet from the center
line of London Bridge Creek as requested by the Department of Community Services.
City water and sewer is requested by the Health Department.
Mr. James W. Jones, Attorney, appeared on behalf of the applicant.
Mr. Peter Legler appeared on behalf of the City Attorney's Office.
Mr. Sidney Bradberry of Balwin and Gregg appeared on behalf of the applicant.
Mrs. Reba S. McClanan appeared on behalf of the Plaza Civic League in
opposition to the above application.
Mr. Gene Ruminski appeared on behalf of the Council of Civic Organizations.
On motion by Councilman Ervin, seconded by Councilman t@Ialbon, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
City Council denied the above application of David I. and Barbara F. Levine
for a Use Permit to construct 384 apartment units on certain property located
on the East si e of South Lynnhaven Road, (Princess Anne Plaza Area) Lynn-
haven Borough.
.(COUNCILMEN ROBERT B. CROMWELL, JR. AND FLOYD E. WATERFIELD, JR. LEFT THE
COUNCIL CHAMBERS)
ITEM #4626
Application of Frank R. Allen by George F. Darden, Jr., for a Change of Zoning
from One Family Residence District (R-1) to Multiple Family Residence District
(R-3) and a Use Permit to construct 23 apartment units on certain property
beginning at@point 60 feet West of Baltic Avenue, running a distance of
240 feet along the South side 6f Ninth Street, running a distance of 100 feet
along the Western property line, running a distance of 240 feet along the
Southern property line and running a distance of 100.feet along the Eastern
property line. Said property is known as Lots 6, 8, 10, 12, 14. 18 and 20-
Block 26, Plat of Shadow Lawn Heights, and contains 0.551 acre. (Shadow L@wn
Heights Area). VIRGINIA BEACH BOROUGH.
The Planning Commission recommends denial of this application due to the
opposition of the residents of the area based on the additional traffic con-
gestion these apartments would add to the area and the inadequacy of the water
and sewer facilities in the area.
The following appeared before City Council request that the above application
be deferred;
Nlr. George F. Darden, Jr., behalf of the applicant
Mr. V. Alfred Etheridge, Jr.
Mr. Don Lee, behalf of the Civic League
On motion by Councilman Callis, seconded by Vice Mayor Tebault, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Frank A. Dusch, F. Reid Ervin, George
R. Ferrell, Clarence A. Flolland, D. Murray Malbon, J. Curtis Payne, Vice @layor
Earl M. Tebault, and Nlayor Donald H. Rhodes.
Nays: None
Absent: Councilmen Robert B. Cromwell, Jr. and Floyd E. Waterfield, Jr.
City Council deferred until June 5, 197@-, the above application of Frank R.
Allen for a Change of Zoning from One Family Residence District (R-1) to
Nlultiple Family Residenc@17istrict (R-3) and a Use Permit tonconstruct 23
apartineiit units on certain property beginning a a point 60 feet West of
Baltic Avenue; said property is known as Lots 6, 8, 10, 12, 14, 18 and 20,
Block 26, Plat of Shadow l,aiqn ileights (Shadow Lawn Heights Area) Vir,@inia
Beach Borough.
(COUNCILMAN CROIIWELL RETURNED TO THE COIJNCIL CHAMBERS)
ITEM #4627
Application of Thomas E. Hurley for a Change of Zoninq from Residence Suburban
District 4 (R-S 4) to Residence Duplex Distri@t 2@R-D 2) on certain property known
as Lots 39, 61 and 63, Plat of West Oceana Gardens.
Parcel 1: On certain property located at the Southeast corner of Garden Drive and
Lavergne Lane, running a distance of 126.16 feet along the South side of Garden
Drive, running a distance of 126.8 feet along the East side of Lavergne Lane, runn-
ing a distance of 120 fee-@ along the Southern property line and running a distance
of 87.91 feet along the -Lastern property line.
Parcel 2: Beginning at a point 225 feet Sou-L@. of Ego Drive, running a distance of
200.06 feet along the t@iest side of Matt Lane, running a distance of 128 feet along
the Southern property line, running a distance of 173.55 feet along the Western
property line, and running a distance of 125 feet along the Northern property line.
(I,:est Oceana Gardens Area). LYNTIHAVEN BOROUGFI.
The Planning Commission r-.com,,nends approval of this request subject to standard
site plan requirements requested by the Engineering Division; the Health Depart-
ment requires City wate@- and sevier and the motion for approval further suggests
participation on school site acquisition.
@ir. Tliomas E. Hurley appeared on behalf of his own application.
On motion by Councilman Ervin-, seconded by Councilman Malbon, and by recorded
vote as follows:
Ayes: Councilmen Robert fl. Callis, Jr., Robert B. Cromwell, Jr., 'Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, and Mayor Donald H.
Rhodes.
Nays: None
Absent: None
City Council approved the above application of Thomas E. Hurley for a
Chan go 0f ZoninR from Residence Suburban District 4 (R-S 4) to Residence
D.pl @. District 2 (R-D 2) on certain property known as Lots 39, 61 and 63,
Plat of West Oceana Gardens, Lynnhaven Borough; subject to standard site
plan requirements as requested by the Engineering Divison; subject to City
water and sewer as requested by the Health Department and further subject
to participation on school site acquisition.
(COUNCIL@IAN WATERFIELD RETURNED TO THE COUNCIL CHAMBERS)
ITEM #4628
Application of William G. Gornto, Executor of Estate of William R. Gornto for a
Chanqe of Zoning from Rural Residence District 3b (R-R 3b), Residence Suburban
is@trict@ (R-S 1) and Residence Suburban District 2 (R-S 2) to Residence Suburban
District 3 (R-S 3) and from Residence Suburban District 2 (R-S 2) to Residence
Suburban District I (R-S 1) on certain property beginning at a point 33.53 feet
North of Rose Hall Drive, and running a distance of 2043.66 feet along the West
side of North Great Neck Road and South of and adjacent to the Subdivision of
Laurel Cove and North of the Subdivision of Trantwood Shores. Plats with more
detailed infomation are available in the Office of the Department of Planning.
Said parcel contains 79.797 acres. (Trantwood Shores-Laurel Cove Area).
LYNNHAVEN BOROUGH.
The Planning Commission recommends approval of this requested change of zoning
subject to a dedication of right of way 55 feet from the center line of the
existing 30-foot right of way along the 2043.66 foot more or less frontage on
North Great Neck Road (40-foot dedication) requested by the Real Estate Division.
The Health Department requires City water and sewer; the Department of Parks and
Recreation recommends 8% of the 79.8 acres be reserved for open space (6.5 acres);
the Soil Conservation Services states that lots adjacent to the lake have large
areas of marsh and slopes of highly erodible soils. These areas are designated
on the plats (below "top of bank" dotted line). These slopes will erode badly
and deposit silt on the marsh and in the river if bulldozed. There is not
sufficient useable space in many lots to avoid this. The property should be
replated to allow sufficient space in all lots for building without disturbing
the slopes. The Engineering Division requests standard subdivision requirements
and a 30-foot easement for drainage is required along the southwestern property
line within the lake and a 10-foot no-ingress-egress traffic control strip is
required along Great Neck Road.
@ir. Grover Wright, Attorney appeared on behalf of the applicant.
Dr. Henry C. Sivik appeared on behalf of the Concerned Citizens of Virginia
Beach in opposition to the above application and presented a petition.
Councilman Ervin made a motion to deny the above application. There being
no second, the motion was lost.
On motion by Councilman Malbon, seconded by Councilman Ferrell, and by recorde@
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis
Payne, Vice Mayor Earl @l. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald
H. Rhodes.
Nays: Councilman F. Reid Ervin.
Absent: None
City Council approved the above application of William G. Gornto, Executor
of Estate of William R. Gornto for a Chang7,.ficZo 'n Rf,om Ru,al Residence
District 3b (R-R 3b), Residence Suburba . D t, t 1 -S 1) and Residence
Suburban District 2 (R-S 2) to Residence Suburban District 3 (R-S 3) and
from Residence Suburban District 2 (R-S 2) to Residence Suburban District I
(R-S 1) on certain property beginning at a point 33.53 feet North of Rose
Hall Drive, (Trantwood Shores-Laurel Cove Area) Lynnhaven Borough; subject
to a dedication of right of way 55 feet from the center line of the exist-
ing 30-foot right of way along the 2043.66 foot more or less frontage on
North Great Neck Road (40-foot dedication) as requested by the Real Estate
Division; subject to City water and sewet as requested by the Health Depart-
ment; subject to 8% of the 79.8 acres being reserved for open space (6.5
acres) as requested by the DepaTtment of Parks and Recreation. The Soil
Conservation Services states that lots adjacent to the lake have large areas
of marsh- and slopes of highly erodible soils. These areas are designated
on the plats Cbelow "top of bank" dotted line). As these slopes will erode
badly and deposit silt on the marsh and in the river if bulldozed; and as
there is not sufficient useable space in many lots to avoid this; approval
is furtlier subject to property being replated to allow sufficient space in
all lots for building without disturbing the slopes. Approval is also
subject to standard subdivison requirements and a 30-foot easement for
drainage along the southwestern property line within the lake and a 10-foot
no-ingress-egress traffic control strip along Great Neck Road, as required
by the Engineering Division; and approval is subject to the applicant's
participation in the school site acquisition formula.
(COUNCILMAN PAYNE LEFT THE COUNCIL CHA1/21BERS)
ITEM #4629
Application of Emanuel Baptist Church for a Use Permit to construct a church on
certain property located on the North side oT-Ba ter Road, beginning at a point
1130 feet more or less West of Holland Road, running a distance of 350 feet along
the North side of Baxter Road, running a distance of 500 feet more or less along
the Eastern property line, running a distance of 394 feet along the Northern property
line and running a distance of 500 feet more or less along the Western property line
(Norfolk and Southern Railway Right of Way). KEMPSVILLE BOROUGH.
The Planning Commission recommends approval of this request subject to City water
and sewer required by the Health Department and a 25-foot dedication of right of
way along Baxter Road as well as standard improvements and a 15-foot easement
for drainage purposes is required along the northtqestern and northeastern property
lines as requested by the Real Estate Division.
Reverend Waldo Grandstaff, Pastor and Reverend John lzamirez, Assistant
Pastor, appeared'on behalf of Emanuel Baptist Church.
Nlr. Vernon @Vatts, Sanitation Engineer, appeared on behalf of the Health
Department. He agreed to allow the applicant to use a temporary septic
tank and requested the installation of a Class 2-B Well for water.
On motion by Councilman Ferrell, seconded by Councilman Cromwell, and by
recorded vote as follows:
Ayes: Councilmen Robert ff. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. @lurray
Nlalbon, Vice Mayor Earl M. lebault, Floyd E. Waterfield, Jr., and Mayor
Donald fl. Phodes.
Navs: None
Absent: Councilman J. Curtis Payne.
City Council approved the above application of Emanuel Baptist Chruch for
a Use Permit to construct a church on certain property located on the North
side of Baxter Road, (Norfolk and Southern Railway Right of Way) Kempsville
Borough, subject to City water and sewer, as requested by the Health Depart-
ment, when available; however, during tlie interim period a septic tank for
seivera@e is acceptable and a Class 2-B Well is required. Approval is further
subject to a 25-foot dedication of right of way along Baxter Road as well as
standard improvem6nts and a 1S-foot easeinerit for drainage purposes along
the northwestern and northeastern property lines as requested by the Real
Estate Division.
ITEM #4630
Application of W. R. Walker for a Chanqe of Zoninq from Agricultural District (A-R)
to Limited Commercial District 2 (C-L@2 on certain property beginning at a point
1088 feet South of South Adventure Trail and running a distance of 344.49 feet along
the Eastern property line of which 244.49 feet is the West side of London Bridge
Road, running a distance of 490.65 feet along the Southern property line, running
a distance of 326.65 feet along the Western property line and running a distance
of 400 feet more or less along the Northern property-line. Said parcel contains
3 acres more or less. (Nottingham Estates Area). LYNNHAVEN BOROUGH.
The Planning Connission recommends approval of this request subject to a dedica-
tion of right of way 55 feet from the center line of the existing right of way
along the 244.49 foot more or less frontage on London Bridge Road (a 10-foot
dedication because of a previous 20-foot dedication) as requested by the Real
Estate Division. The Health Department requires City water and sewer and the
Engineering Division requires standard site plan requirements.
@Ir. ],i. R. @Valker appeared on behalf of Iii-,; own application.
On motion by Councilman Nlalbon, seconde(i I)N, Councilman Waterfield, and by
recor(led vote as follows:
Aves: Councilmen Robert f]. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
I
Diisc]L, Y. Reici Ervin, Gcorgo R. Ferrell, CLarence A. Holland, D. Murray
@ialbon, Vice @layor Earl i%l. 'febatilt, l@loycl 11. IVaterfield, Jr. , and Nlayor
Donald Ii. Rliodes.
Navs: N@ o n e
Ab s e, i) t: Coti@icilnan J. Ctirtis PIyne.
Ci@,\, Co@iiicil approved tlie ahovo applicat@oit of @V. R. W@ilker for a Change of
.,oiiiii,, from Ai,ictilturq! District (A-R) to l,imited (:ominercial Dist ict 2
-CC,-@-) oii certain property be@innitig at a point 1.088 feet South of South
A(l@'e,iititi-e 'frai,l (Nottii),,Ii,@iM l@st@Ltes Arei) I,Ynnhtven Boroti@h; subject to a
cle(lic@ition of i-i@ht of iq@ly SS feet frort th(@ center line of the existing
ri@)llt 01- way alon, tlie 244.49 fc)ot moi-e. or less fronta,,,c on London Bridge
Izo@t@l (zt 10-foot dedication hccatise of @i I)r(@vious 20-foot dedication) as
r,@,!tie,st-ed b@, tlie Real I:-st@ite Division; stit)iect to C@ity @,,ater Ind sewer
@ivaiial)le, zis reqlicsted I)y the ficaltli D--partipet)t, and Ftirther subject
to @,ito pl;iii icqziii,ciiielits zis t)y the I)ivision.
ITEM #4631
emb
,,pplication of P roke Meadows Associates for a Chanqe of Zoning from General
Icimercial District I (C-G 1) to Iiultiple Family District (R-M) and
Residenie-
a Use Permit to construct 316 garden apartnents on certain property located on
the Southeast corner of 14orth Witchduck Road and Pembroke Blvd. Extended (Old
Donation Road) across from Sullivan Boulevard.
Parcel 1: Change of zoning from C-G I to R-M: On certain property located at
the Southeast corner of North Witchduck Road and Pembroke Boulevard Extended
running a distance of 283 feet along the South side of Pembroke Boulevard Extended,
running a distance of 82 feet along the East side of North Witchduck Road, runn-
ing a distance of 220 feet along the Southern property line and running a distance
of 215 feet along the Eastern property line. Said parcel contains .917 acres.
Parcel 2: Use Perrnit to construct 316 garden apartments: On certain property
located at the Southeast corner of North Witchduck Road and Pembroke Boulevard
L,@tended, running a distance of 1119 feet more or less along the South side of
Pembroke Boulevard Extended, running a distance of 610 feet more or less along
the East side of North Witchduck Road, running a distance of 1950 feet along
the Southern property line and running a distance of 574 feet along the Eastern
property line. Said property contains 20.3 a,-res.
,@i,-;ended as follows due to the realignment of Pembroke Boulevard Extended (Old
Donation Road):
Ctiange of Zoning from Multiple Family Residerce District (R-M) to General
Co-,mrcial District I (C-G 1) and a Use Permit to construct 360 apartment units:
Parcel 1: Change of Zoning from R-t4 to C-G 1: On certain property located at
tlie i@ortheast intersection of @'lorth Witchduck Road an-d Pembroke Boulevard Extended,
running a distance of 300 feet more or less along the East side of North Witchduck
"Oad and running a distance of 360 feet more or less along the North side Of
Pa.,-,ibroke Boulevard Extended and running a distance of 220 feet along the Eastern
property line. Said parcel is trianqular in shape.
Parcel 2: Use Pemit to construct 360 garden apart.@nts: On certain property lo-
'40
cated at the Southeast intersection of , rth @,litchduck Poad and Pembroke Boulevard
@,x',ended and running a distance of 1520 feet more or less along the South side of
F,@.-qbroke Boul,,vard Ext,-nded, running a distance of 574 feet along the Eastern J)ro-
,.er@@Y line and running a distance of 1950 feet more or less along the Southern'
p-operty line. Said parcel contains 17.-0 acres more or less. Plats with more de-
,.,iled infor.,.iation are available in the Office of +,he P-epartment of Planning.
f%Pcmbroke IIeadows Area). BAYSIDE BOROUGH.
Planning Commission reconmnds apprdval of this change of zoning from Multiple
i+,@:,,ily Pes@ldence District (R-M) to General Coffnercial District I (C-G 1) and a
i@@c@@il@ication to appro%lg a Use PP-m-it for 294 apartrieits. The amendment of this
a.-Iolication ,qas due to ti,e r--alignment of Pembroke Boulevard Extended (Old Donation
I
and is subjec't, to a dedication of right of t-iay 40 feet from the center line
oIf I.h@ ex4lsting right .)f way along the 692-foot more or less frontage on North
'.."itc@duck @oad (a variable dedication) as s@iown on the application as requested
L
,2 1 Estale Divi5ion. -,ie -Fnqiiieering !)ivision requires the developer to con-
,.;'-,,uct 'Iii@ standard II-)-fol)t right of ivay fiig@i,@-lay sec'--ion f-on the right of way
ce,i-lerline to 'khe property line-, inproveT,,,ents are to include 24 feet of pavemnt
cirb, gut@L@Ir an,,' stor,,' drairs; kldication a@ld Itreet improvements along
lli'@c@,,d-ic!,c 'oad a,-i t-D provide star,,dard i@prov@d 8.0-foot righl@ of .qay.
'livision r,-riuir,@s tiiat of thp site plan as sub-
is si.;bl@*-Ct to risolu@lici a- ali@lrl!7pit o@@ P@f,,broke Boulejard and thL
't "Irth of the project. Approval
-',@.i@lishmen" o@ a f!i@-ction-11 in,@@-rsec 6i,)P,
s c,,art i ci,),,i+ -'On i?! -c@001 'itL acauisition.
)l
ii-, S,)i I Co.-iservation -@ervices s@,,-A-Led 1,;iis rrol)erty I)as slopir)g areas
i s-,.qaico oil
si,'),)es T)r--2sentcd are protected
(@xcep" o@e a-na @lIS @een
t!ia,@ siiould )e protected,
pro er:y @@@t of loula@,ard ard is in the sa,.,ie @@iatershed
.1@,il rins ir)@@@ th,- P,2-br,)@@ @',incr -i,-@d [,a!,e e-.is@@ of Independ,2nce Boulevard
is al@,,,.@dl,'y c,,ill@ @-@r Luildings on t@.ese siopes
no to -@Iiii@licat @lealth @l.,Partment r---
Mr. Japies Pickrell appeared on behalf of tiie applicant.
Mr. Gene Ruminski appeared on behalf of the Council of Civic Organizations
in opposition to the above application.
On motion by Councilman Cromwell, seconded by Councilman Holland, and by
recorded vote as follows:
Ayes: Councilmen Robert fi. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, George R. Ferrell, Clarence A. floll@ind, D. Hurray Nlalbon, Vice Mayor
Earl M. Tebault, and Floyd E. Waterfield, Jr.
Nays: Councilman F. Reid Ervin.
Absent: Councilman J. Curtis Payne.
Abstain: '41, !,,3
t
Mayor Donald H. Rhodes. b_
City Council approved the above applicatioli of Pembroke Meadows Associates,
as amended due to the realignment of Pembroke Boulevard Extended (Old Donation
Road) for a Change of Zoning from Multiple Family Residence District (R-M) t
to General Commercial District 1 (C-G 1) and a Use Permit to construct @64 264.
apartment units, (Pembroke Meadows Area) Bayside Boroug ; subject to a @edi-
cation of right of way 40 feet from the center line of the existing right of
way along the 692-foot more or less frontage on North Witchduck Road (a
variable dedication) as shown on the application as requested by the Real
Estate Division; subject to the developer constructing the standard 110-foot
right of way highway section from the right of way centerline to the property
line, improvements which include 24 feet of pavement width with curb, gutter
and storm drains, dedication and street improvements along North Witchduck
Road to provide standard improved 80-foot right of way as requested by the
Engineering Division. Approval of the above application is further subject
to the Tequirement of the Engineering Division that the approval of the site
plan as submitted is subject to the resolution of alignment of Pembroke
Boulevard and the establishment of a functional intersection at the North of
the project. Approval is also subject to the applicant's participation in
school site acquisition.
The Soil Conservation Services stated that this property has sloping areas
adjacent to a swamp on natural drainageway; these slopes presented are pro-
tected by trees (except one area that has I)een bulldozed), that should be
protected. This property is located west of Independence Boulevard and is
in the same watershed that runs into the Pembroke Manor and Pembroke Lake
east of Indeperidence Boulevard that is already heavily silted. The site
plan calls for buildings on these slopes aiid has no topographic lines to
indicate the slopes. Approval is further subject to City water and sewer
as requested by the Health Department.
ITEM #4632
Application of Pembroke Meadows Associates for a Chanqe of Zoninq from Limited
Commercial District 2 (C-L 2) to General Commercial-District 2 (E-G 2) on certain
property located at the Northeast corner of Pembroke Boulevard Extended and
Witchduck Road, running a distance of 150 feet niore or less along the East side
of Witchduck Road, running a distance of 307 feet more or less along the North
side of Pembroke Boulevard Extended, running a distance of 200 feet more or less
along the Eastern property line and running a distance of 225 feet more or less
along the Northern property line. (Pembroke Meadows Area). BAYSIDE BOROUGH.
The Planning Commission recbmmends approval of this request provided the
applicant meet with various departments of the City to determine the final
alignment of Pembroke Boulevard. Approval is further subject to City water
and sewer requested by the Health Departmen'@ and a dedication of a 30-foot
right of way along the frontage on Witchduck Road is requested by the Real
Estate Division. Engineering Division requests standard roadside improvements
along Witchduck Road.
Nir. lames Pickrell appeared on behalf of tlie applicant requesting tflat the
above application be withdrawn.
On ifiotion by Councilman Holland, seconded @)y Vice Mayor Tebault, and by
recorded vote as follows:
Aves: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Duscli, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. @turray
Malbon, Vice @layor Earl M. Tebault, and Floyd E. IVaterfield, Jr.
Navs: None
Absent: Cotiiicilman J. Curtis Payne.
Abstzi in: Mayol- Donald 11. lzliodes.
Citv Council approved the withdrawal of the above application of Pembroke
Mea@oivs Associates for a Change of Zonin@ From Limited Commercial District 2
(C-L 2) to General Copirnercial District 2 (C,-G 2) on certai.n property located
at the Northeqst corner of Pembroke Boulev,ird Extended and IVitchduck Road,
(Por,ibi-oke Meadows Area) 13ayside Borough.
(COIJNCIL@IAN F. RI@,ID ERVI@@ LEFI' T[IF, COTINCTL CHANIBERS)
ITEM #4633
On iiiotion by Councilman Ci@omiTell, secon(Ic,,d by Councilman Floiland, and by
recorded -vote as folloirs:
A@@es: Councilnien Robert 11. C@illis, Jr., Robert B. Cromwell, Jr., Frank A.
DLISCII, (,eorie R. Ferrell, (:Iarence A. floll;@nd, 1). @lurray Nlalbon, Vice -@-layor
E@ii'l %I. Tebaiilt, Floyd 1'. Wziterfiold, Ji-., @ind Nlayor Donald H. Rhodes.
'la% s Nono
@b,@ c, lit CoLtii,--i lpien Re id L@'riTin @ind f . ClirtiS PELyne
Ci"l- COLincil @ipproved oti secc)rid readin- tli(, folloiving Ordinancc to altiend and
Section 22-68 c)f tlie Citv Code i,eiativc,, to tho imposition of license
tax,,,@
AN ORDINANCE TO @IEND AiD REORDAIII
SECTION 22-68 OF THE CODE OF VIRGINIA
BEACH RELATIVE TO THE IMPOSITION OF
LICENSE TAX
Requested by: City Manager
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 22-68 of the Code of the City of Virginia Beach is
hereby amended and reordained to read as follows:
Section 22-68. There is hereby imposed a license of fifteen
dollars per year for each license year as provided in this article upnn
every person owning a motor vehicle designed and used for the trans-
portation of passengers, which shall include every vehicle which is
self-propelled or designed for SSelf-propulsion, regularly kept in the
city and used upon the public roadways of the city, except as herein
otherwise specifically provided.
No license fee shall be required of any person for any vehicle
not required to obtain an annual registration certificate and license
by Code of Virginia, Section 46.1-45 et seq., or any vehicle specifi-
cally exempt by Code of Virginia, sectioll 46.1-66.
On and after January 1, 1967, the license tax for motorcycles
shall be three dollars per year for each license year as provided in
this article.
There is hereby imposed a license tax to be paid by owners of
all motor vehicles, trailers and semitrailers not designed and used
for the transportation of passengers. This tax shall be determined
bv the gross weight of the vehicle or com'Dination of vehicles of
which it is a part, when loaded to the maximum capacity for which it
is registered and licensed, according to the schedule herein set
fo-rth. For each thousand pounds of gros@; weight for which any such
vehicle is registered and licensed there shall be paid to the city
troasurer the tax indicated in the follo@7ing schedule immediately
opposite the weight group and under the classification established by
the provisio,@ of section 46.1-99 (b) of -,he Code of Virginia into
which such vehicle or any combination of vehicles of which it is a
part falls when loaded to the maximum capacity for which it is regis-
tered and licensed. In no event shall the license required under this
paragraph be less than $15.00.
Pounds Fee Pounds Fee
4,000 or less $15.00 34,001 - 35,000 - $44.20
4,001 16,000 - 20.00 35,001 - 36,000 - 45.50
161001 - 17,000 - 20.80 36,001 - 37,000 - 46.80
17,001 - 18,000 - 22.10 37,001 - 38,000 - 48.10
18,001 - 19,000 - 23.40 38,001 - 39,000 - 49.40
lo
1,001- 20,000 - 24.70 39,001 - 40,000 - 50.70
20YO01 - 21@000 - 26.00 40,001 - 41,000 - 52.00
21,001 - 22,000 - 27.30 41,001 - 42,000 - 53.30
22)001 - 23,000 - 28.60 42,001 - 43,000 - 54.60
23,001 - 24,000 - 29.90 43,001 - 44,000 - 55.90
24,001 - 25,000 - 31.20 44,001 - 45,000 - 57.20
25,001 - 26,000 - 32.50 45,001 - 46,000 - 58.50
26,001 - 27,000 - 33.80 46,001 - 47,000 - 59.80
27,001 - 28,000 - 35.10 47,001 - 48,000 - 61.10
28@001 - 29,000 - 36.40 48,001 - 49,000 - 62.40
29@001 - 30@000 - 37.70 49,001 - 50,000 - 63.70
30,001 - 31,000 - 39.00 50,001 - 51@000 - 65.00
311001 - 32@000 - 40.30 51,001 - 52,000 - 66.30
32,001 - 33,000 - 41.60 52,001 - 53,000 - 67.60
33,001 - 34,000 - 42.90 53,001 - 54,000 - 68.90
54,001 - 55,000 - 70.20
55,001 - 562000 - 71.50
56,001 - 56@800 - 72.80
56,801 and over - 75.00
The provisions of this section shall not be construed to apply
to any motor vehicle or trailer or combinations thereof exempt from
licensing under general law.
This ordinance will be effective on and after January 1, 1973.
First Reading: May IS, 1972
Second Reading: May 22, 1972
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 22nd day of May 19 72
@/@ -1/7
ITEiNI #4634
On mot*Lon by Councilman Ferrell, seconded by Councilman Flolland, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, George R. Ferrell, Clarence A. Holland, D. Murray Nlalbon, Vice Mayor
Earl NI. Tebault, Floyd E. lvaterfield, Jr., and '4ayor Donald H. Rhodes.
Nays: None
Absent: Councilmen F. Reid Ervin and J. Curtis Payne.
City Council adopted the following Resolution concerning dredging in
Chesapeake Bay, Lynnhaven Bay and Long Creek by the [J. S. Army Engineer
District, Norfolk, Corps of Engineers:
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers of the City on May 22, 1972,
at 2:00 o'clock p.m.
On motion by Mr. Ferrell and seconded by Mr. Holland
the following resolution was unanimously adopted:
R E S 0 L U T I 0 N
WHEREAS, the U. S. Army Engineer District, Norfolk, Corps of
Engineers, Foot of Front Street, Norfolk, Virginia, 23510, has
proposed to do maintenance dredging in Chesapeake Bay, Lynnhaven
Bay and Long Creek; and
WHEREAS, certain easements have been secured by this Council for
oyster grounds and disposal areas; and
WHEREAS, the Council of the City of Virginia Beach, Virginia, has
resolved to hold and save the United States of America, its contractors
and assigns, free from any and all claims for damages which may result
from or be attributable to the accomplishment of the dredging main-
tenance now proposed by the said Corps of Engineers; and
WHEREAS, this Council has carefully reviewed the plans, entitled
"Lynnhaven Inlet, Bay and Connecting Waters, Survey of September 1971,"
file No. H-23-14-53, in 3 sheets, revised May 2, 1972, and specifica-
tions submitted to this Council by said Corps of Engineers.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINTA BEACH, VIRGINIA:
That this Council hereby approves che plans and specifications
so submitted, all of which are satisfactory to this Council and directs
that said Corps of Engineers forthwith proceed with the dredging of
said channel.
ITI,,'@l #463S
On motion by Councilman Cromlqell, secondeci by Councili-Tian Dusch, and by
recorded vote as folloivs:
Ayes: Councilmen Robert H. Callis, Jr., l'obert B. Crom-well, Jr., Frank A.
Duscli, George R. Ferrell, Clarence A. Efoll@ind, D. Murray Malbon, Vice Mayor
Earl @l. Tebault, Floyd E. IVaterfield, Jr., and NI@ivor Donald H. Rhodes.
Nays: None
Absent: Councilmen F. Reid Ervin and J. Curtis Payne.
City Council approved the folloiving Ordiiiance appointin@ Viewers relative
to closing certain streets in tlie Subdivision of Diamond Spriiigs Gardens
in Bayside Borough:
ORI,)INANCE APPOINTII,'(; VIEI.,I@-,'RS
the City of Virginia "e,-ch Industrial Development
,,IHER EAS )
Authority,has @.iven ].ue and proper notice, in accordance with the
s-@atutes for such cases made and provided, tliat it would on this
jav apply to the City Council of tl-ie C'.ty of Virginia Beach,
for the appointment of Vie,7ers to view the below d.escribed
property and report i-n writing to t,'Ie Council whether, in the
0,@--nion of said Vie@qers, any, and if any, i@ihat inconvenience would
result from the discontinuin@ ol@ th-- hereina@-ter described portions
of streets in the Bayside Borough of the Citv of Vir-inia Beach,
Virginia, and have -c-iled. such ar)Dlicati.on @,7ith the said Council.
NOT,,I, TI@IEREFORF., li@' IT ORj)AINF@,D 3Y Tli-@ COUNCIL OF THE CITY OF
V'IDGINIA BEACH, VIRGINIA:
That Mr. Charles C. Carrington, @Ir. William IV. Fleming, and
@ir. George L. Hanbury
a,re herel)y aopointed. to vieiv the belo@q desc y and
i:o-,-@ort 4n x,7ritin- to the council on or bcfo
@,7,-icther in their opin@lon, an%,, alid ci-,iy, Lence
@iO'Ijld result @-rom the di-.scontinuin-, ci.osin of those
ec-ital,i streets, or porlions thereof, located i-n the Borough of
,:,,, ' d e , and. described as follo@,7s:
Cit,7 of Vi.r,inia Beach, Virair,ia,
AVE'T@j-, t,
lq_- 7eS e o k r a
o-i thc,, o-F- ")j-@imonj ST)rin,s
C-.ardc.n7') ,,7es-I 4f--s iliterse CL4 o!- a'.Id t-,rmilat@o
A,,17,N@@lfl' Tid thit c(,rtai.T' -,@--reet: @litiL-Ted.
i@),,)eors (,n tilac -erf-,ain ent-*Itled
o,
c "i I e I C,@ 5
:.E.," !Lily 4,i tlio- Clerk's
:Fi.ce, "Ic@ii--t ty o ri, ini;i Vi r-inia
7
,l c O,) C) I
L( @l j-4; attac!i--d
@'I t'iit certa 4
of @,,,iy as @'PIJ3LI(-,
r)l thc, descri-b-c! aiid
@,ir o'll a
I)c)i-n;-- ri ,it
-id7' ()Yi
PLUM STREET from the southern riglit of way line of that
certain street designated "Public Road:t (hereinabove
described) south to its intersection with ALE @ DRIA
AVENUE.
PEAR STREET from the southern riglit of way line of
that certain street designated "Public Road"
(hereinabove described) south to its intersection @qith
LEE AV7-NUE.
APPLE STREET from the southern right of way line of
that certain street d.esignated "Public Road" (herein-
above described) south to its intersection with LEE
AVENUE.
LEE STREET from the western property line of Lot (6)
as appears on that certain plat entitled "A SUBDIVISION
OF C. F. HODGMAN P@POPERTY IN PRINCPSS ANNE CO. SCALE
1 inch = 100 ft- Feb. lc'03 E. C. Foreman 272 Main St.
Norfolk, Va." duly recorded in @4ap Book 2, at Page 4,
(as said boundary line extended crosses LEE AVENUE)
west to its intersection and termination with ALE-@DRIA
AVENUE and, "PUBLIC ROAD."
All that certain right of way designated as "New
Road" on that certain plat of subdivision of
c'F- "Odgman property, hereinabove described, duly
recorded. in the aforesaid Clerk's Office in Map Book 2.
at Page 4.
ITEM #4636
On motion by Councilman Malbon, seconded by Councilman Holland, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, George R. Ferrell, Clarence A. Holland, D. Murray @4albon, Vice Mayor
Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: Councilmen F. Reid Ervin and J. Curtis Payne.
City Council approved the following Ordinance relative to closing a SO-foot
unnamed street in Malibu Section 12, in Lynnhaven Borough:
On Motion made by Mr. seconded by
@Ialbon
Mr. Holland and by unanimous vote, the following ordi-
nance was adopted:
AN ORDI.N'P-NCE CLOSING, VACAT.LNG kND DISCO',qTINU]IqG A
STREET DESIGNATED AS AN' ii,@L AIIED STREET A-ND LOCATED
IN THE CITY OF VIRGINIA BEACH, VIRGINIA
WHEREA,S, it is the judgment of the Council that the said street
should be closed, vacated and discontinued.
NOW, THEREFORE, BE IT ORDAINED, by the Council of the C@ity of
Virgin@ Beach, Virginia:
i,a
Section 1: That the said street located in the City of V_irginia
Beach, Virginia, as hereinafter described is heraby closed, vacated and dis-
continued as a public street in the City of Virginia Beach, Virginia, said
street not being needed for public use and trav(,I:
All that certain unnaired street desi@liatcd "50' IM@LED
ST." on that certain plat e,-ititled "SUIID"VIST(DN OF 11,ALIBU
SECCION T@,'ELVF LYN,,IHAVFN BOPOUCII - VIRGI-IEA BEACII, VIRGINIA!',
made by Frank D. TarrLll, Jr. & A,-sociati2s, Surveyors and
Engineers, dated Au,,ust, 1964, duly r co,-ded in the Clerk's
Office of the Circuit Court of the City @)f Vir,,,inia Beach,
Virginia, in Map Book 62, at page 15, idore particularly
bc)unded and dcscrit@ed witli refereiice to iaid plat as follows:
To establish a point of beginnin@., begin at a point in the
northeastern line cf Soa@.iill Road, at th3 intersection of
said northeasterii line of Seagull Ro@l@ zind the eastern line
of Lot 785, as shown on the aforesaid plc@t; thc@nce run in a
north@iesterly direction ilong said nortlipastern 1-ille of
Seagull road, alon,@ tIAe irc of a curvc, to tlie left, having
a radius of 150 f@Lt, i-.i arc distaiice of 37.08 fec@t to a
point, the point of be-@,,inriing; tliance froni said point of
beginiairig, runiiing al@)iig tlic@ westean liric of Lot- 785, along
tlie arc of a cur@,e to t"ie riglit, li@iviii,, radius of -10 feet,
an irc! (listqticc, oi 78.70 feet to a cc,,ntinuin@
aloii@, siid I @@iic,. of Lc)t 785, 07' 00" i@. , cl
clisto.lice of 30 fee@ t-,) a poi@t; tlieii(,@, (,)ntini,iii@, zilang sii(I
line of I,(,L -/83, @iloii@, the ( 1 i ckirvc, to the
left, liiv@-11F,, l c,f 250 fc,.ot, iti ii,@ (listiiicc@ of 218.17
fec@t 'CO @l I)OiTit tll(211CC@ C'I)Iltitillitil- @,,ILC'l w@, terii lirie
of ],c,t 785, tlie @i:c c,@ @i ctirve tc, Tli(, rig@it, li@,v:Ln, a
c)f 500 fe,'L , @ll) @@EC o! t,,;.37 i-et@t LC) l poiill;
@111(i i-iifl!lillg tl. '-@6' @l., i o@
5,,4.50 f(' t- t-o l It tlic-, of 78t'),
-2-
as shown on the aforesaid plat; thence turning and running
along the eastern line of said Lot 786, along the arc of a
curve to the left, having a radius of 550 feet, an arc dis-
tance of 91.42 feet to a point;,thence continuin@. along
said eastern line of Lot 786, along the arc of a curve to
the right, having a radius of 200 feet, an arc distance of
174.53 feet to a point; thence continuing along said easter-n
line of Lot 786, S. 28* 07' 00" W., a distance of 30 feet to
a point; thence continui-ng along said eastern line of Lot
796, along the arc of a cutve to the right, having a radius
of 70 feet, an arc distance of 78.70 feet to a point in the
northeastern line of Seagull Road; thence turning and
running in an easterly direction along said northeastern
line of Seagull Road, along the arc of a curve to the right,
having a radius of 150 feet, an arc distance of 133.96 feet
to a point, the point of beginning.
Section 2: That this ordinance shall be in effect from and
after thirty (30) days from the d@te of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on Ma)r 2 2 1971.
ITE@l #4637
On motion by Councilman Waterfield, seconded by Councilman Cromwell, and
by recorded vote as follows:
Ayes: Councilmen Robert 11. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, George R. Ferrell, Clarence A. @iolland, D. Murray i%lalbon, Vice Mayor
Earl NI. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: Councilmen F. Reid Ervin and J. Curtis Payne
City Council approved a sewer agreement betiveen Windsor Holland Company,
Princess Anne Utilities Corporation and the City of Virginia Beach, Virginia.
ITEM #4638
On motion by Councilman ',Ialbon, seconded by Councilman l@laterfield, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, George R. Ferrell, Clarence A. Ilolland, D. Murray Malbon, Vice Mavor
Earl @@l. 1'ebault, Floyd E. IVaterfield, Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: Councilmen F. Reid Ervin and J. Curtis Payne.
City Council approved a transfer in the amount of $1,000 from Code No.
6041-313 and $1,000. from Code No. 6041-3.1.1 in order to purchase two (2)
book racks for the Circuit Court Clerl,-'s Orfice.
ITENI #4639
On moti,on by Counci,iman Ferrell, seconded l,v Councilman Holland, and by
recorded vote as follows: I
Ayes:- Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, George R. Ferrell, Clarence A. liolland, D. Plurray Malbon, Vice @layor
Earl @l. Tebault, Floyd E. lvaterfield, Jr., and Mayor Donald H. Rhodes.
ays: None
-bsent: Councilmen F. Reid Ervin and J. Curtis Payne.
City Council adopted the followi,ng Resolution directing the U. S. Army Corps
of Engineers to proceed with the dredging of Chesapeake Bay, Lynnhaven Bay
and Long Creek:
The regular meeting of the Council of the City of Virginia Beach,
Virginia, wa@ held in the Council Chambers of the City on May 22, 1972
at 2:00 o'clock p.m.
On motion by Mr. Perrell and seconded by Mr.Foi.land
the following resolution was unanimously adopted:
R E S 0 L U T I 0 N
WHEREAS, the U. S. Army Engineer D-l'.strict, Norfolk, Corps of
Engineers@, Foot of Front Street, Norfolk, Virginia, 23510, has
proposed to do maintenance dredging in Chesapeake Bay, Lynnhaven
Bay and Long Creek; and
IqERF-AS, certain easements have been secured by this Council for
oyster grounds and disposal areas; and
S, the Council of the City of Virginia Baach, Viriinia, has
resolved to hold and save the United States of America, its contractors
and assigns, free from any and all claims for damages which may result
from or be attributable to the accomplishment of the dredging main-
tenance now proposed by the said Corps of En.aineers; and
WHEREAS, this Council has carefully reviewed the plans, entitled
"Lynnhaven Inlet, Bay and Connecting Waters, Survey of September 1971,
file No. H-23-14-53, in 3 sheets, revised May 2, 1972, and specifica-
tions submitted to this Council by said Corps of Engineers.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BF-ACH, VIRGINIA:
That this Council hereby approves the plans and specifications
so submitted, all of which are satisfactory to this Council and directs
that said Corps of Engineers forthwith proceed with the dredging Of
said channel.
ITEM #4640
Oii motion by Councilman Cromwell, seconded by Councilman Holland, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Duscli, George R. Ferrell, Clarence A. FlollzLnd, D. @@lurray @@Ialbon, Vice Mayor
Eai-1 @l. Tebault, Floyd E. Waterfield, Jr., Ind @layor Donald 11. Rhodes.
Nays: None
Absent: Councilmen F. Reid Ervin and J. Clirtis Payne.
:ity Council adopted the following Resolution relative to the City of Virginia
3each assuring the United States Army Corps of Engineers that certain items of
iocal cooperation, as stated, will be carried out with reference to the pro-
posed maintenance dredging in Chesapeake B@iy, Lynnhaven Bay and Long Creek in
tho City of Virginia Beach by the U.S. Corl)s of En.@ineers:
R E S 0 L U T I 0 N
WHEREAS, the United States Army Corps of Engineers has Prlplsed
maintenance dredging in Chesap--ake Bay, Lynnhaven Bay and Long Cteek,
in the City of Virginia Beach; and
WHEREAS, the United States Army-Corps of Engineers, before
proceeding with the aforesaid project, has required the Municipal
Corporation of Virginia Beach to furnish appropriate assurance that
certain items of local cooperation will be carried out before 8 a3'-d
pro]ect will be maintained by said Corps of Engineers-
NO-@,7 THEREFORE, BE IT RESOLVED BY TEM COUNCIL OF THE CITY OF-
VIRGINIA BEACH, VIRGINIA:
That the Council of the City of virginia Beach, virginia,
pursuant to authority contained in Cliapter 71, Title 62-1, Code
of Virginia, 1950 as amended, does hereby assure the U. s- corps
of Engineers that the following items of local cooperation will
be carried out with reference to the above m--ntioned Harbor and
Channel dredging project:
1 - Provide ;,7ithout cost to the United States all right of wa ys,
upon the request of Chief of Engineers, includi-ng suitable areas
de-lern, ined by tlie Chi--f of Engineers, to be rE:!c-Tuired ill -the general
pi-iblic interest for disposal of spoil; and
2 - @fo 9 and ;a@,-L, tlie Uiiite@ Stzite@i f-eo @,--ro7ii CiaEi'.ages that may
-rc).@ z-.iairiL.@n o@@ p i,,icludiilg all claims fc)r
I
ITEM #4641
On motion by Counci.Iman Cromwell, secondecl by Councilman Holland, and by
recorded vqte as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, George R. Ferrell, Clarence A. lfolland, D. Murray Malbon, Vice Mayor
Earl @l. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald 11. Rhodes.
Nays: None
Absent: Councilmen F. Reid Ervin and J. Curtis Payne.
City Council approved an appropriation in the amount of $4,600 from Surplus
to the Army Corps of Engineers to be used for the construction of dikes-.
ITEM #4642
On motion by Vice Mayor Tebault, seconded by Councilman Waterfield, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, George R. Ferrell, Clarence A. Holland, D. Murray Malbon, Vice Mayor
Earl M. Tebault, Floyd E. Waterfield, Jr., and llayor Donald H. Rhodes.
Nays: None
Absent: Councilmen F. Reid Ervin and J. Curtis Payne.
City Council approved appropriations totaling $1,850. to improve the
sanitary sewer service at Princess Anne Park as follows:
$1,700.--to the General Services budget Code 16010-912 to
construct 500 feet of drainlines serVicing the rest
room at Princess Anne Park
$ 150.--to the budget Code 16010-271 to provide septic tank
pumping service until new drainlines can be constructed
$1,850.
ITEM #4643
.On motion by Councilman Cromwell, seconded by Councilman Holland, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank
A. Dusch, George R. Ferrell, Clarence A. Holland, D. Murray Malbon, Vice
Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and @layor Donald H. Rhodes.
Nays: None
Absent: Councilmen F. Reid Ervin and J. Curtis Payne.
City Council approved the following Resolution requesting the City of Norfolk
to make a connection and furnish water through a proposed water system for
the Wickes Furniture Company in the Baysid@, Borough:
FDt-m t4o. P.U.-36-2a
A RESOLUTION REQUESTING THE CITY OF NOJZFOI,K TO
MAKE A COIJNECTION AND TO @JIS!F WATEII TFIROU(,FF A
PROPOSED WATE2 SYSTEIAY I,OCATF-D AT The @licko-s
an IN TTIE CITY OF
Cli@
V GIN@A CBZ 'URTIIER D@SCFIBED BELOW:
VPIEREAS, it is proposed by the City of Virginla @-ach, Virginia, at
the request of The Wickes Corooration I to extend a proposed water
main @ accord I)etween the City of Virginia
Banch and the s FLirniture Company siie
ted as follows-
?lame of Size of Linear 110. of
Virginia Beach Blvd. (Service Road)
Southside 101, 600
Kellam Road 101, 350
all as descrit--d and shoun on plan entitled, T.,i@ ition Site ill-an
BaldwiT, d G,
ITEM #4644
On motion by Counci.Iman Callis, seconded by Vice Mayor Tebault, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, George R. Ferrell, Clarence A. flo'lland, D. MLLrray Malbon, Vice Mayor
Earl NI. Tebault, Floyd E. lvaterfield, Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: Councilmen F. Reid Ervin and J. Curtis Payne.
City Council noted its intention to hold a closed meeting on June 5, 1972,
for the purpose of discussing items permitted for discussion under the
Freedom of Information Act of the Commonwealth of Virginia.
ITENI #464S
On motion by Councilman Ferrell, seconded by Councilman Holland, the meeting
adjourned.
Don-,l H. R . es, N@y.,
City of Virginia Beach,
Virginia
,@lav 22, 1972
ITE~4 #4644
On motion by Counci. lman Callis, seconded by Vice Mayor Tebault, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert g. Cromwell, Jr., Frank A.
Dusch, George R. Ferrell, Clarence A. Holland, D. Murray Malbon, Vice Mayor
Earl M. Tebault, Floyd E. Waterfield, .Ir., and Mayor Donald H. Rhodes.
Nays: None
Absent: Councilmen F. Reid Ervin and J. Curtis Payne.
City Council noted its intention to hold a closed meeting on June 5, 1972,
for the purpose of discussing items permitted for discussion under the
Freedom of Information Act of the Commonwealth of Virginia.
On motion by Councilman
adjourned.
ITE~I #4645
Ferrell, seconded by Councilman Holland,
the meeting
Richard J. ~e]~bon, City Clerk
City of Virginia Beach,
Virginia
Donald H. Rhodes, Mayor
May 22, 1972