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HomeMy WebLinkAboutAUGUST 9, 1971 MINUTES OF THE HONOR-ABLE Cil'Y COUNCII, OF TIIE CITY OF VIRGINIA BEACII, VIRGINIA Auglist 9, 1971 The regular meeting of the City Council of th,, City of Virginia Beach, V@rginia was held in the Council Chanibers of the Adinin@stration Building, in the Borough of Princess Anne, on Monday, August 9, 1971, @it 10:00 a.m. The invocation was given by Reverend Gardner, Princess AnDe Plaza Methodist Church, Virginia Beach, Virginia. Councilmen present: Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. lvaterfield, Jr., and @layor Donald 11. Rhodes. Councilman absent: George R. Ferrell. ITEM #3560 motion by Councilman Dusch, seconded by Vice Mayor Tebatilt, and by recorded te as follows: Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfi(,Id, Jr., and Mayor Donald H. Rhodes. Nays: None Absent: Councilman George R. Ferrell. City Council approved the Minutes of the Regiilar Meeting of Auaust 2, 1971, amended as follows: I I i Item #3SS1 City Council approved an approi)ri@ition in the amount of $12,474.00 to the Mental Health and Nlental Retardation Service Board. Item #3SS6 City Council authorized the City @lanager, Nlr. Ro@er Scott, to sign a standard water agreepient for the construction of a watler distributiop svstem located at Cedar lfill Development, Kempsville Borough. on motion by Councilman Payne, seconded t)y (:olincilman flolland, and by recorded vote as follows: Ayes: Councilmen Robert 11. Callis, Jr., Rol)ert B. Cromwell, 'Tr., Frank A. Dusch, F. Reid Ervin, Clarence A. flolland, 1). @%lurray @Ialbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Watc@rfield, Jr., and Mayor Donald H. Rhodes. Nays: None Absent: Councilman George R. Ferrell. ity Council approved on second readi,ng an iippropriation in the amount of 12,474.00 to the Mental Ilealth and @lental. lzetardation Service Board. ITEM #3S62 Mayor Rhodes recognized Mrs. Virginia James,'Teacher, and senior government students from Cox High School. ITE@l #3S63 Mayor Rhodes displayed a picture sent to the City of Virginia Beach by Admiral Allen Shepard, which contained a nioinento that traveled to the moon and back aboard Apollo 14 (a Virginia flag), a shoulder patch of the Apollo 14 mission and a picture taken on the surface of the moon. The inscription on the picture reads "Presented to the NI@iyor for the citizens of Virginia Beach, where I spent many happy years. Witli my warmest and sincere regards, Allen Shepard" A cover letter that came with the picture indicated that Admiral Shepard would be unable to attend the Virginia Niunicipal League Convention as his schedule wotild not let hiin be present. ITEM #3564 Application of Charles J. Hayes for a h@ang@ of from Residence Suburban District -S 3) tolriultiple Family Pesidenc Disti-i@t 3 (R e and a Use Permit to construct 102 to;,inhouses and 116 apartment units totaling 218 units on c-ertain@property beginning at a point on the t@lest side of First Colonial Road 1040 feet more or less North of Laskin Road running a distance of 806 feet along the Eastern property line of vlhich 420 feet is the West side of First Colonial Road, running a distance of 777 feet alo,)g the Northern property line, running a distance of 760 feet along the Western 'oroper"y line and running a distance of 976 feet along the SOLithern property line. Said pro- perty contains 13.5 acres. (Laurel flanor-Hilltop Area). LY@,',NHAVEN BOROUGH. The Planning Comniission recor,,,niends approval of this application subject to City viater and sewer and a dedication of right of way 45 feet from the center line of First Coloiiial Road (15-foot dedication). The developer further agreed to a 60-foot ded-ica- tion of Mabel Lane as requ--sted b), the Departii--rit of Corrniunity Services. The develol)er further agreed to allocate 15@" of the develo,,)R,Lnt for recreational area as requested by the Planiiitig Depar@@Tent and thE! Plotion @,,,as subject to the participation in the purchase of a sch.ool site as reqLleSted by the Scliool Board. Mr. Charles J. Flayes appeared on 1).ehalf of Iiis own application. On motion by Councilman Malbon, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen D. Murray Malbon, J. Curtis Payne, Floyd E. Waterfield, Jr., -nd Mayor Donald H. Rhodes. ays: Councilmen Robert 11. Callis, Jr., Rol)ert B. Cromwell, Jr., Frank A. @usch, F. Reid Ervin, Clarence A. Holland, and Vice Mayor Earl @l. Tebault. Absent: Councilman George R . Ferrell. City Council denied the application of Charles J. Hayes for a change of zonii-iiz from Residence Suburban District 3 (R-S 3) to Nlultiple Family Resiaence Distr@ict (R-M),and a Use Permit to construct 102 towiiiiouses and 116 apartment units totaling 218 nits on certain proj)ertv begiiining at a point on the West side of First Coloiiial Road, (Litirel @\lzlnor-Hilltc,p Area) Lynnhaven Borouah. ITE@i #356S Application ol@ Robert Vlilson and Associatp-s for a cliinqe of zoning from Limit- ed Co,,,iniercial District 1 (C-L 1) to [ILIltiple Fanily--ffe-s-ide-nc@-@s-,rict (R-t-1) and a Use Pcri,-,it to coiis@lru,lt 360 oard"n ao,,i@,trients o,.i certain c)ro,oertv loca@@ed North P@each-@@orfolk Ex,)rcss@tziv begirining at a ;)'oint 500 f,@--@t Vlest of Fil@st Co,.O?li,@l "'o,.id, running a distarce ol-@ 654 @e2t along the Eastei-n property lirc, runnitic a distance of 11,37 fee'L along the So-dtiier@t prodertv line (@@ort@)et,n bourcf@iry of t@ie Virainia Beacfi-@lorfolk Excress,,iay), running a distance of 724 feet along the Uesiern'uropei,ty line, running a distance of 1432 feet more or less along the Northern prc,.Derty line. (t.askin Village Area). The Planiiing Conciissioii reco;ii,,i-iii(Is approval of tliis a,,)plication subject to City wlter and as r,,qLiestec( by the @l-lpartrren-L.. Mr. Thoinas Broylcs, Attoi,ney, appeared on behalf of the applicant. On motion by Cotinci.lmaii Nlalbon, secoiided by Councilman Callis, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., D. Murray @talbon, J. Curtis Payne, Floyd E. Waterfield, Jr., and Mayor Donald Ii. Rhodes. Nays: Couiicilmen Robert B. Cromwell, Jr., lrank A. Dusch, F. Reid Ervin, Clarence A. Hollajid, and Vice Mayor Earl M. Tebault. Absent: Councilman George R. Ferrell. he motion to approve the application of Rol)ert Wilson and Associates for change of zoning and a Use Permit subject to the recommendations of the lanning Conimission resulted in a tie vote. On motion by Couiicilman Ervin, seconded by (,ouncilman Tebault, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, Clarence A. Holland, 1). Murray Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebatilt, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. Nays: None Absent: CouncilmaTi George R. Ferrell. City Council rescinded the previous motion to approve the application of Robert Wilson and Associates. On motion by Vice flayor Tebault, seconded bN, Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen Robert Fi. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, Clarerice A. Holland, 1). Murray Malbon, J. Curtis Payne, ice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and @layor Donald H. .hodes. Nays: None Absent: Councilman George R. Ferrell. City Council deferred foi@ one (1) week the zibove application of Robert Wilson and Associates for a chall@e of zonin2 from l,iniited Commercial District 1 (C-L 1) to lfliltiple Fy ']y Resi e@n e@Distri(t (R-NI) and a Use Permit to construct 360 garden apartinents on certain I)ropertv locate North of the Virginia Beach-Norfolk (Laskin \"illage IArea) Lynnhaven Borough. (COUN'CII,,@l-%N FEPRELL ENTEI'@ED TliE COUNCIL CHA@IBERS) ITEM #3566 Appli6ati-@,l of tho -.il@y L:@.r),r'T7,:?nt o- Planiiinq, for ti Fu@ITI,C- Land Use Pl,,,i ol@ c@rtziln bo-jr;doci on tii,-- by Fay, on tlie c.ast by tilo E@,stei,n line ol- t;i@ Littl,, C?,Sc,, exte@-idiii,i to thc-i,cc in dirc@c+lioii "o the @xt@-@J-ini to thi Lyni!,.av?n- Baysid@- "o,-ourh Li.-,e, oi th-2 S(,L,,,,h bi, ti,r, Virri-i@iia @-,,2ac;i-'Iorfolk Ex7,r,@ss@,ay a,'Id on th@ !,lost by 'Lf)e Virr,,inil-! Cill,v 14,e. ?1,a-Ls i-iit@i -@,or@, detail(,d ai-c ivailL',-)le iii t@i,2 1)@-,ice of t@'. of Ci@'y a-,Id the Ba,,,side Public Li'Li,aiy. L).Doro,.,,ll ol@ tli,, FL[tLir,, L@tnd Use Plan as pre- pared and by ti)2 City Planning Cen@it-t!,i@nt. Mr. Lee Hicknian appeared beforo City CoLincil on bchalf of the Planning Departrticnt. On motion by Councilman flolland, seconded by Councilman Crom%,Tell, and by recorded vote as folloi;s: Ayes: Counciliiien Robert 11. Callis, Jr., Robert B. Cromlqell, Jr., Frank A. Dusch, F. Reid Erviii, Goorgc R. Ferrell, Cl@ii,ence A. flolland, D. \Iurray Malbon, J. Ctirtis Payne, Vice @lavor Earl %l. lebault, Floyd E. Waterfield, Jr., aiid ilayor Donald Ii. Rhodes.' Nays: None Absent: Nono C@ y Council approvecl the above applicatioii c)f thc City of Virginia Beach, D, ii,tjiioi)t of Pl@iniiina, foi- tlie Future Land U'se I'lin of c(Zrtain propert), bouiidod oji tlie @Nlorth by tlie Chcsapoal,,c Ba),, on the East by the Eastei,n botindary line of tlic Littlc Creel, Ainl)hibioti-@ Base extenciiiio to the i@ortharip-,on Boule@,ard; tlience ruiiiiina in aii F-.,isterly dii-cctioii to tilo N-ortlierninost boundary line o@@ Thorou@.ii,,;ood, cxtendiii, to tho l,yilllhavc,.n-Baysidc Borou@ii Liiie, oii the So utli by tile Virgiiiia Beach-Norfolk Fxl)ressi@ay and on tlie, ;@,-est by tlie Vii@giiiia Bcacli-Norfolk City line. Plits ivith riore detail.c,,d infor,-,ittion are avai@ablo in the Office of thc,, of City I'lanni.iio aid tho. Ba)-Sicle Public l,ibrary CBiyside aild Keii@psville Boroti-lis). ITF-,,@1 93S67 @pfilicatio:i Cf ti!L, City of Vi,,- 1-1, zoiini o.Lq-*Pa!1-2s for Priric,ss ccu:lty, O:Iti@. 1-cl 2, a!id ti'e City of Vii,cjinil Pai,agi-apil l 10, C,, a -ne t,rectioii of i;@ol,(-, th@;) c:ll@ in co!ifor,@;ty t@o dist-t,ict in ,:@licil i, i@, !), r oil Pol.,L-io,i Of SLIC@L 10t 29 fcz- d,oes not a@til, ticoti a slr,2211, of ',,IaY of t.,2n (Jr!) fc,ot or in is to of rosiden@-ial bull(lir@,,i C:l ,Uci,, or o',@ (:tjly S by ti-e ci,Ly a d a r o,,,,2,j Th-2 Plariiiin-g ds tii@ fol1c) in iioro'ir,,i Is rc,-c),-c@i2n@,d bV til'2 'lil@l tO difctl's t!,c CL);)Y. iiii exist-il)g lot is ol@ t@@o @roctio.9 ot, r-@ore t@)@n on@, btiilc;incy i@) .,y F@ o,L- c O'-l 1 d r e c L, I a t i s"; S!iLll i " @ I @@ I lic C, r (:<@ll",@i,,)2s C)f L., ili' @ti i! ', z@@@! :@ 11, i:i , @ir. Sain flotiston, S'r- r@pi,esciitina tlie Couiicil of Civic Or@anizatioiisl i re( appe, befoTe City Council reaarciiii. thc@. PrODOsed wc)rding ded by the .1 as recojLnien Planniiig CoiiiiTiission, to aiiicnd and rco@dain the zoninc@ ordinances for Princess Anne County, entitled Sectioil 6, General 113-ol,ision, Pai@aoraph 2, and the City @f Virginia Beach, Virgiiiia,.entitled Section VI General'Provisions, Paragraph hree and suggested tlie follo,.Iiing changes: ctelete tlie folloi,,iiig words "and only in tlic,, case of lots of unusual depth and restricted width with the portion adjacent to a public street." add to the beginning the folloivina ivords "In untisual, isolated, or non- repetitive cii-cumstances, wliere an existjii@@ lot of unusual depth and rest-ricte( width in the portion adjicent to a ptiblic -,,trect and of ... " The re-wording with tlie suggested changes of the CCO reads as follows: I "In unusual, isolated, or noii-repetitive circlitiistances, %,:here an existing lot of unusiial depth and i,estricted width dn the portion adjacent to a ptiblic street and of sufficiciit area to peri,.iit tlic@ erection of more tlian one build- ing in districts periiiittiiia i,e,,idential building, onc additional residential buil.diiig Tiiav be pernii.tt@ll thi@ou@ti restil)(liv4sion of tho lot, provided tlia-t thc,, lot could b@ resubdivided iii ac-cordance ;;ilh zoning requiremolits and subdivisic regulations, ajid tliat a fiftcen (15) foot c-asonent or riolit-of-i,,ay mectiiia. the reqtiircEiepts of stibdivisioji a@egulations is proviclccl and duly recorded, such arraiigeuients shall bc pel@j-,iis-,;ible.on]), no pliblic expenditures for strects or extensiojis of uti.litic-s are involved. On motioji by Counciljiian Calli.s, secoiidccl. b% Cotiiicilman l@atorfield, and by -ecorded votc as follo@,:s: yes: Councilm@en Robort fl. Callis, Jr., RC)bcrt B. Croml,;ell Jr., FTanl-, A. Dusch, F. Reid Ervi@, Geor@c R. I-orrell, Clareiice A. Ilollalid', D. Lktui@ra), Nialboii, J. Ctirtis Pi@,no, Vice Nla)@or I:ai@l @t. I'c,,bault, Floyd E. tqaterfield, Jr., ajid illayor Donal(I 11. Rliocies. Nays: Noiic AbseDt: Noiie City Couiicil. deferred foi, onc,. i@eck- (1) tlie above application of the City of Virginia Beach to aiiiciid aiid i@eorclaiii tho -c,iiiii@ o]-dilialices for Priiicess Anne County, entitled Section 6, Geiiei-al Pi,o%'is-oi@, E'aragral)h 2, and thc City of Virginia Beac-ii, Virgiiiia, en'Litled Soctic)ii VI Gc,,iic,,i,al Provisions, Parag@-apli Three. ll'Ei%l #3S6S A.p,@licatic,i of '.,I. Pof-ier @"cod by J. ITT, foi- a of froi:i r,,Ic! F-I,till,i (P-1) t,) T@:) cortlain pro-l-@t@ty 0,1 Sc,,i@L@l Sic!@ o-,' 7f@ at poir@'- 1-@l East cl@ 1)@iltic a o- C@ rlo-n ti@c sid,@ o-r- ?7t') S@@r2,@' 60 fcoi alo:,g t@';a SoLiti,n-n lir,@ riti-il)"i a 01' foc!t aloiig t!ie ty TliL, d2,lill C,@ t;)is c@ic@lir!, of zc,:ii!ir., re@,uL'St in vic,,l of t!l-@ o@-ec-io@s -I,) ti@@ I)L!I)IiC )I,o,')Crty Mr. Carrington, Director of City Planning, stated that he had received a telephone call from Mr. J. P. Holland, Attoriiey, for the applicant requestin@. a withdrawal of the above application of W. Roger Wood. Mr. L. L. Merrill, who registered in opposition to the above application, appeared before City Council stating he was not opposed to the requested ,ithdrawal. in motion by Councilman Dusch, seconded by Councilman Callis, and by recorded vote as follo'ks: 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 withdrawal of the above application of W. Roger Wood for a Change of Zoning from One Family Residence District (R-1) to Two Family Resid 'an District (R-2) on certain property located on the South side of 27th Street, Virginia Beach Borough. ITEM #3569 Application of Robert G. Young for a Clian,,ic of 7oninq from One Familv Pesidence District (R-1) to @tultiple Family @esidence Di t@l@t -(R---3-T-n@a Use Permit fo cotistruct ten (10) apartm.ent units on certain property locat@.d on the South@ld@oT71ne@@.w.)od Drive, ing at a point 72 feet West of The @lid,,@iay, runnirq a distance of I,)tl fee@L. along the Sou+@,@i side of Pineviood Drive, running a distancc of 10?,.O@ feet alonq the Eastern Proncrty line, running a distance of Ir"O.04 feet along tlie @lorth side of the @@orfolk and I.zo'uth'ern "ail@.,,ay Right of Way and running a distance of 105.@O feet alonq the !,Iestern pronerty line. Said property is knot-in as Lots 13, 14, 15 and 1(,, Block 5, Pine@-,-ood. VIRGII,'IA BEACII The Planning Com!nission reconmends denial of this chanqe of zoning request in vicvi of the objections expressed in tile public metinq by surrounding property owners. Mr. Herbert Culpepper appeared on behalf of the applicant requesting a deferral. Mr. Floyd Jones, Jr., representing Pinewood Park Civic League, appeared in opposition to the above application. On motion by Councilman Callis, 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, ClaTence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. Nays: None bsent: None City Council denied the above application of Robert G. Young for a Change of ZoninR from one Family Residence District (R-1) to @fultiple Family Residen ce Nist-rict (R-3) and a Use Permit to construct ten (10) apartment units on certain property loca ed on the South side of Pinewood Drive, said property is known as Lots 13, 14, 1S, and 16, Block S, Pinewood (Virginia Beach Borotigh), in view of the objections expressed I)y the residents in the surrounding area. J I'E,',l # 3 5 ' 0 Application of !.Iarli- 11-i;lor b ii ttci con@trl:ct I ,. y C. for a Per- 25 eff'ciency motel rri loc@@l-c-d on tli-- East @-f.-le o@- Pa-cific .@,venie exteridinq bet,-ieen Foui,@@h Strect ati@@i S'Irl,et, t,uiiir,,ri a distaice of ?Pr) fect alon,". the East side of Pacific a --'Ist-i:ic,@ of 1,@C, feet alo,-lq the !Iorth side of Four'L;i Street, runniti(! a distance cf @f,-t aloj-@!@.1 t,'90 Eastp-rn t)ronerty line and runn4no a distance of 90 feet alop.@l li;ie of t@,hich 50 @ect is the South sid,@ of Fifth S'@rect. Vll)"I@!IA The Planning Commission reco.-,en(is @r)nroval of this ,pplication sublect to City water and se,,ier as required I)y the ficaltii -i@ie k.,,is further restricted by denyi:lg ingress and egress to t,@i@. fro:,,) Pacific @,Venuc,.,. Mr. Thomas C. Broyles, Attorney, appeared oil behalf of tlie applicant. On motion by Councilman Dusch, seconded ])y (-,ouncilman Cromwell, atid by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Rol)ert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Cl@ireiice 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 above application of Marlin Manor for a Use Permit to construct 25 efficiency motel units on certain property located on t e East side of Pacific Avenue, Virginia Beach Borough, subject to City water and sewer as required by the Health Department. The motion for approval was further restricted by denying ingres-s aiid egress to this development from Pacific Avenue. ITEM #3571 Application of Herbert A. and Carol"In Culre!),)er for a Chanae of Zoninq from One Family Residence District (1-1) to @" 'ultiole Far,,.ily P.,@sidoice Nis-t i@@IF-3@and a ljse Permit to cotistruct six anart-ment units on cert,@in Dronerty beciinninq at a point 2 -@fe@t @ast of,v@diterranean Avenue, running a distance of @DO feet alonq tht,. liorth side of Pin(,%@tood -Drive, ruininq a distance of 124.E.@l feet the i..estern )roperty lin@, running a distance of 56.14 feet along the @!orthern ni-oderty line and r,.,nning, a distance of 1'18.lC, feet along the rastern Property line,. Sli(i r.)roo@rty is kno,.qn as Lots 29 and 30, Block 4, Plat of Pinei-iood. VIPCli'@IA B.PAC@L Df).,)OUC;I. The Plannirig Comlssion reco,.--nds Oc-nial of this c,@ant,.e of zor,.ing rpquest in vi-,w of the objections expressed in the pul@llic w-etino by surrounding proderty O',iners. Mr. Herbert A. Culpepper appeared on behalf of his own application. Mr. Robert Bailey, on behalf of Pinewood Civic League, appeared in opposition to the above application and preseiited a petition signed by the residents of the area (a copy of said petition is on file in the Office of the City Clerk). Mrs. Madelon Dough appeared in opposition to the above application. Mr. Floyd Jones, Jr. appeared in opposition to the above application. On motion by Councilman Callis, seconded by Councilman Dusch, and by recorded )te as follows: -.),es: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malboii, J. Curtis Payne, Vic6 Mayor Earl @\l. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. Nays: None Absent: None City Council denie@d the a@,ove applicatioii of Iferbert A. and Carolyn Culpepper for a ange of Zoning from Oiie Faiiiilv Residence District (R-1) to i@lultiple Famil y Ro-, elce Dst@ict (P,---4) aiid a Use Peri,.ijt to construct six apartinent units on certain propert\. knoi@n as Lot@ni-aiiU--)O, Block 4, Plat of Pine-,@ood, Vir.,iTiia Bcacli Borou h iii ITEM #3572 Application of Blossom Hill, Inc., for a Clian(,,e of 7oninq froi Aqricultural District (A-R) to General Industrial Pistrict 2 (,,!-l , :iFa. 6-Po-rmi+ to o'r)eratl, a 24-unit mobile hore park of which six are currently existinn 6n--c@rta@q D),operty beginninq at a point 4170 feet mre or less Sotith of Sout@i S'O,.'!Q Poad, runiing a dis'atice of Or6 feet riore or less alonq the lylest side of Princc@ss P,,nne "oid, runniiiq a distanc-- of 615 feet alon(i the Souttiern property line, runniiiq a distance of 972 fect alonq the ,4estern property line and running a distance of 1119 fect along tl;e Ilor+..Iiern pronerty line. (Creeds Elementary Scliool Prea). PU:@C.0 The Planning Comission rtc @, nds denial of this apolicatioli as it %-ias fplt that further intrusion of a riobile hoi- park and intr,duction of industrial zoning into a rural agricultural area viould not be desira@ile. Mr. I. F. Whitehurst, Jr. appeared on behalf of the applicant. Mr. Howard Salmons appeared in opposition to the above application and presented a petition from residents of the surrounding area (a copy of the subject petition is on file in the Office of the City Clerk). On motion by Councilman Waterfield, seconded by Vice Nlayor Tebault, and by recorded vote as follows: iyes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A. )usch, 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 Blossom Hill, Inc., for a Chan'Re of Zoning from Agricultural District (A-R) to General Industrial District 2 (M-1 Z) and a Use Permit to operate a 24-unit mobile home park on certain property beginning at a point 4170 feet more or less South of South Stowe Road (Creeds Elementary School Area), Pungo Borough. This application was denied as it was felt that further intrusioa of a mobile home park and introduction of industrial zoning into a rural agricultural area would not be desirable. ITEM #3573 Application of John Carter, Alan Fleder and Arfrand Caplan for a C@.3n,@,e of Zonina fror-i Multiple Faiily Pesidenc-- District to Pesidence Suburban Di@ri-EC-4- TP-S@ on certain property located at tlie Sout@'%@ies+. in-L.Llrsection of Little @oad and @.dinburr.@, Drive Extended, runninq a distance of 924 feet aloiiq tlie "'astern propertv line of @iiiic!@ 665 feet more or less is the 'lest side of Little '@(,ck rload, runlinq a distance of 760 feet more or less along t@ie Southern Droverty line and runnini a distance of 1313 fee@, niore or less along the i,,Iestern property line and rlinninq a distance of 5'5 fcet riore or less alorg the I'llortliem property litie. Said r)rop@rty contains 16 acres. (Groveland Park-Kings Grant-Belle ilaven Areas). LY@li'!H;AVr'!i The Planning Ccrnission recorr@i@-nds approval of t@lis rei,,iCSt SL!blect to City viater and se@4er as requested by the i@alth @,narti-lent and nartici.Dallion i-i the school site acquisition forrlula as requested by the School '@o,rd. Mr. Peter A. Agelasto, Ill, Attorney, reprcseiiting the applicant apl)eared before City Council requesting a two (2) we(,k deferral. Mrs. Shirley Marlow, president of Lynnhaven -I,ittle Neck Civic Leagile, appeared before City Council requesting a tliirty (30) day deferral. n motion by Councilman Ervin, seconded by Councilman Malbon, and by recordcc ote as follows: Ayes: Councilmen Robert H. Callis, Jr.,@ Rol)ert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Cl@irence A. Holland, D. Murray MalboTi, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. Nays: None Absent: None City Council deferred until August 30, 1971 the above application of John Carter, Alan Fleder and Armand Caplan for a Change of Zoning from Nlultiplc Family Residence District (R-@1) to Residence S@u urban District 4 (R-S 4) on certain property located at the Southwest intersection of Little Neck Road and Edinburgh Drive Extended, (Grovelajid Park-Kings Grant-Belle Haven Areas) Lynnhaven Borough. ITEM #3S74 Application of Fellodship ,lew Testament BaDtist Church for a Use Per-mit to onerate a church on certain property located on the @4est side of Birdne@V-P, a@-Tf t@e inters'-@c@-i- w-ith Cardinal Poad and a 30-foot unnar,@ed strect runninq a distance of 104.72 fe-t al,,L,- the West side of Birdneck Road, running a distance of l@,3.57 feet alonq t!ie SOLither'l property line, running a distance of 103.8 feet alonq tlie Westp-rn T)ronerty line, running a distance of 196.3 feet along the tiort@,,ern property line. (Linkhorn Place Apartments Area). LY@itililvvDl BOROUG.H. The Planning Cornission recormnds approval of this request subject to City @.IIter and sevier as requested by the P,eal*lh dai)artry,,.nt and site plan a:)oroval by the Engineering Division of the Depart,-,icnt of Co!-irz@nity Services. Mrs. Herman King appeared on behalf of the applicant. On motion by Councilman Ervin, seconded by (:ouncilman Malbon, and by recorde, vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F.' Reid Ervin, George R. Ferrell, Clai,ence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice i%layor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. Nays: None Absent: None City Council approved the above application of Fellowship New Testanient Baptist Church for a Use Permit to operate a church on certain property ocated on the West si e o Birdneck Road (l,inkhorn Place Apartments Area), ynnhaven Borough, subject to City water an(I sewer as requested by the ..ealth Department and site plan approval bv the Engineering Division of the Department of Community Services. Cit@ Council waived the site plan improvements for a period of sixteen (16) months unless the use of the property changes within the stated period o47 time. ITEM #3575 Mr. 'Aubrey Holmes appeared in opposition to tlie proposed closing of a portioll of Holly Boulevard in Lynnhaven Borotigh. (Two viewers reports were favorable for closing a portion of Holly Boulevard. One viewers report and the recommendation of the Planning Commission were unfavorable for closing a portion of Holly Boulevard as it was felt that Holly Blvd. would be needed in the futui,e for traffic circulation.) -n motion by Councilman Ervin, seconded by Counciliran @ialbon, and by recorded ote as follows: Ayes: Councilmen Robert H. Callis, Jr., Rol)ert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice Mayor Earl Nt. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. Nays: None Absent: Nojie Cit Council denied the street closure matt(@r relative to closing a portion of @olly Boulevard in Lynnhaven Borough. ITEM #3576 Mr. Sam Houston, ST., representing the Council of Civic Organizations, and Mr. Thomas Broyles, representing the Ramada Inn, appeared before City Council regarding the $75,000.00 for bulkheading south of the existing boardwalk as stated in the proposed Ordinance Authorizing the Issuance of $2,000,000. Public Improvement Bonds. 0 ,ouncilman Ferrell made a motion, which was seconded by Councilman Waterfield, @o defer for one week consideration of the proposed Ordinance Authorizing the .ssuance of $2,'000,000. Public Improvemert Bonds. Councilman Ferrell, with the concurrence of Councilman Waterfield, amended his motion to include the proposed Ordinance Authorizing the Issu@ince of $4,000,000. General Obligation Charter Bonds for a one-week def(,rral. Recorded vote on the amended motion as follows: Ayes: Councilmen Robert H. Callis, Jr., Rol)ert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Cl@irence 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 deferred for one (1) week consideration of a proposed Ordinance Authorizing the Issuance of $2,000,000. Public lmprovement Bonds and a proposed Ordinance Authorizing the Issuance of $4,000,000. General Obligation Charter Bonds. ITEM #3S77 in motion by Councilman Cromwell, seconded I)y Councilman Holland and by -ecorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, ClziTence 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 authorized the City Nlanager, @lir. Roger Scott, to have final engineering drawin@,s prepared for the areas of North Thalia, Baylake Pines and Baylake Beach. Funds are available for the necessary plans and spec"fica- ti or,,@ . ITEM #3578 On motion by Councilman Cromw,li, seconded by Councilman Holland, and by recorded vote as follows: @yes: Councilmen Robert H. Callis, Jr., Rol)ert B. Cromwell, Jr., Frank A. )usch, F. Reid Ervin, George R. Ferrell, Cl@irence A. Holland, D. Murray Malbon, J. Curtis Payne, V@ce Mayor Earl @l. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald 11. Rhodes. Nays: None Absent: None City Council, in concurrence with the request of the Commissioner of Revenue, approved an increase of $4,7S3. to the 1971-72 budget to cover items approved by the State Compensation Board. ITEM #3579 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, F. Reid Ervin, George R. Ferrell, Clarence A. flolland, D. Murray Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. 1zhodes. ays: None Absent: None City Council approved a transfer in the amount of $10,000. from Reserve for Contingencies to the Department of Parks and Recreation for electrical service in conjunction with tennis courts, baseball fields and gymnasium lights. ITEM #3580 On motion by Councilman Ferrell, seconded by Councilman Malbon, 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. 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 authorized the City Manager, Mr. Roger Scott, to sign a sewer reement with IPT Associates for the Tidewater Psychiatric Hospital on First @lonial Road. ITEM #3S81 )n motion by Councilinan @falbon, seconded by Councilnian 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 NIayor Earl M. 1'ebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. Nays: None Absent: None City Council approved the following resolution requesting the City of Norfolk to make a connection and to furnish water through a proposed water system, located at South Oriole Drive. Form No. P.U.-36-2a A RESOLUTION REQUESTING THE Cl'I'Y OF NORFOLK TO RAKE A COIJR;ECTION AIID TO FURNISH WATER THROUGH A PROPOSED WATER SYSTE4; LOCATED AT South Oriole Drive -9 TIIE CITY OF VIRGINIA BFACH, FURTHER DFSCRIBED BELOW: VnIEREAS, it io proposed by the City of Virginia Beach, Virginia, at the request of APCO No. I _, to extend a proposed water main in accordance vith the existing contract I)etween the City of Virginia Beach and the City of Norfolk, :Ln South Oriole Drive and Forest Apartments -, in the strecte 1J-sted as follows: Name of Size of LinatLr No. of Street South Oriole Drive 811 '77 0 1 z Easement along south edge of Woodberry Forest Apartrnents Project 61, I al-1 as described and shown on plan entitled# - Woodberry_Forest Apartments -Utilitie3 Plan lan, ed by gineers, a I;OW, TI@iEFORv-, DE IT R@@@LVKD, th--t the -li*y of !I@orfolk be and it hereby is, requested to mzle a connection of the proposed water mains n .,ith the present mains of s@id City at the said desif- ation, and upon completion of the installation of the prooosed rwi@-ns, to supply water to conswrers residing thereon, it being expressly understood and agreed that the supplying of said water by the City of Norfolk shal-I be upon and subject to the follo@g terms and conditions: 1. That the said water mains shall be installed in accordance with the specifications of the said City of Norfolk and to the satisfaction of the Director of Public Works of said City, at no cost to the City of Norf o3-k@. 2. That the water so supplied through said mains to consumers shall be at the same rate now, or hereafter, charged by the City of Norfolk to conswners beyond the limits of said City similarly situated. 3. That all ordinances of the City of Norfolk and all rules and regO.ations of the Division of Water Supply of said City, now or hereafter adopted and put into effect, relatinu to the fiirni:;hing of water shall apply to the supplying of water through the satd proposed mains. 4. That the aaid City of Norfolk shall be under no obligation to furnish more water than its distribution systeri as now laid, with the pressure carricd, will deliver into said mains, and if the said supplying of water shall not be in rceordance with the stzindard service, the said City of Norfolk shalj- not be held responsible In FLny way. 5. That in supplying water to consuners along the said proposed mains, the City of Norfolk wil-I supply the same only from its surplus supply, and that in no event shau there be any obligation on the part of said City to supply water to any consumers along the prodosed mains at any time when, in the judgement of the Council of the said City of Norfolk, the said City shall not have sufficient supply fgr use within its corporate limits, or whenever the supplying of said water shall interfere with the discharge of the duty of said City to supply water to its own inhabitants. 6. That from and after the installation of the water mains and hydrants they shall become the property of the City of Vir@ia Beach. The City of Virginia Reach shall grant to the City of Norfolk the right to use such mains and hydrtints for the supply of water, and further grants to the City of Norfo)-k ready and reasonable access to them. 7. That for any fire hydrant installed Pt the request of the City of Virginia Beacli, a rental payment of One Hundred DoUars ($100.00) a year for each hydrant shau be paid to the City of Norfolk. ADOPTED BY THE cn of the City of ia Beach, Virginia this @LO, day of L"PROVED: ATTFSTE: Clerk'of the CCIP cil ITEM #3582 'he City Manager informed City Council of an article in the WashinRton Post dated Thursday, August 5, 1971, regardin@ the testing of wat r at @ tain beaches inside Chesapeake Bay and along 'the ocean front from Delaware through Maryland; the Eastern Shore of Virginia through Virginia Beach. Of the nine locations studied by the IVashington Post, Virginia Beach had the cleanest water of any beach samples. ITEM #3583 On motion by Councilman Payne, 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. MuTray Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. Nays: None Absent: None rity Council noted its intention to hold a closed meeting on Monday, August 16, 971, for the purpose of discussing items permitted for discussion under the @reedom of Information Act of the Commonwealth of Virginia. ITEM #3584 On motion by Councilman Holland, seconded by Councilman Cromwell, and by pnanimous vote, the meeting adjourned. City of Virginia Beach, Virginia August 9, 1971