HomeMy WebLinkAboutJUNE 21, 1971
MINUTI,'S OF THE IJONOIZAI),LE CITY COUNCIL
OF TtiF
CITY OF VIRGINIA BEACII, VIRGINIA
June 21, 1971
ihe regular meeting of the Council of the City of Virginia Beach, Virginia
was lield in the Council Chambers in the Administration Building, in the
Borough of Princess Anne, on Monday, June 21, 1971, at 10:00 a.m.
The invocation was given by Reverend G. Davia Shreeves, Diamond Springs
Christian Church.
Councilmen present: Robert 11. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarelice A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rliodes.
Absent: None
ITEM #3397
On motion by Councilman Forrell, 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. flolland, D. Murray
Malbon, J. Curtis Payne, Vice Nlayor Earl @l. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
ays: None
Absent: None
City Council corrected the Minutes of June 7, 1971, Item #3343, by changing
the numbers in the adopted Sign Ordinance to coincide with the numbers in
"Amendnients to Sign Ordinance dated December 18, 1970, as recommended by the
Planning Commission on April 13, 1971".
ITEM #3398
On motion by Councilman Dusch, seconded by Councilman Malbon, and by recorded
vote as follows:
Ayes: Councilmen RobeTt 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
;.ty Council approved the @linutes of the Regular Meeting of June 14, 1971,
id the readina of said Minutes dispensed with inasmuch as each Councilman
had a copy Of the subject Minutes before him.
On motion by Vice Mayor Tebault, seconded by Councilman Ferrell and by
recorded vote as follow, s: '
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
ity Council approved on second reading a transfer of $28,110. from
nappropriated surplus to the Erosion Commission budget to complete the
1970-71 fiscal year.
On motion by Councilman Dusch,
recorded vote as follows:
ITEM #3400
seconded by Councilman Holland, and by
Ayes: Councilmen Robert N. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrel], 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 a transfer of certain funds totaling
$16,000 from the existing Golf Course budget, and Parks and Recreation Budget
into the Golf Course Capital Project Bond Fund.
ITEM #3401
1. Application of the City of Virginia Beach Io amend the Princess Anne County
Code, the Master Zoning Ordinance of the City of Virginia Beach and the Code
of the City of Virginia Beach relative to signs, billboard, and poster panels.
Consideration of the addition of Princess Anne Road and Sandbridge Road
and additional highways designated to have special sign restrictions as
stated in Section 735. g Outdoor Advertising Structures, Billboards, Sign-
boards, and Poster Panels, Subsection (f) is to be heard.
b.
Consideration is to be given pending a report from the Department of Public
Safety relative to ben, con lights or search lights.
On motion by Councilman Payne, seconded by Councilman Ervin, 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. '
~ys: None
)sent: None
City Council approved the inclusion of Sandbridge Road in the list of streets,
highways, interstates and expressways designated to have special sign
restrictions, Sign Ordinance adopted June 7, 1971, Section 735.3 Outdoor
Advertising Structures, Billboards Signboards and Poster Panels subsection
(f). , , ,
The City Manager, blr. Roger Scott, presented a report to City Council from
the Department of Public Safety, which indicated no evidence of beacon lights
or search lights causing traffic accidents or any other precarious situations
detrimental to the public's safety.
ITEM #3402
Application of Ginger Corp. by Caton and Wright, Attorneys, for a Use Perrnit for
dancing and live entertainment on certain prop,,rty located on the North side of
Virginia Beach Boulevard, beginning at a point 1350 feet more or less Fast of
Birdneck Road and 374 feet rriore or less North of Virginia Beach Boulevard, run-
ning a distance of 126 feet along the South side of 19th Street Extended, running a
distance of 298 feet along the Eastern property line, running a d@stance of 126 feet
along the Southern property line and running a distance of 297 feet along the Western
property line. LYNNHAVEN BOROUGII.
The Planning Commission recommends approval of this application subject to a
dedication of right of way 25 feet from the center line of the initial 30-foot riglit
of way along the 126 foot more or less frontage on Igth Street E:xtended (10-foot
dedication) as requested by the Real Estate Division, Department of Community
Services and City water and sewer as requested by the Health Department.
n motion by Councilman Malbon, seconded by Councilman Payne, and by recorded
ote 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 above application of Ginger Corp. for a Use Permit
for dancing and live entertainment on certain property located on the North
side of Virginia Beach Boulevard, subject to a dedication of right of way
25 feet from the center line of the initial 30-foot right of way along the
126 foot more or less frontage on 19th Street Extended (10-foot dedication)
as requested by the Real Estate Division, Department of Community Services
and City water and sewer as requested by the Health Department. Approval is
further subject to the following corrections, alterations, and improvements
set forth in the administrative permit review:
1. Installation of city water and se%,,Cr
2. Paved parking area and entrance
3. Site plan approval b), the City Ei-@gineer and the Building Inspector
4. Necessity of providing a 6-foot entraiice
S. Emergency exit as remote as practical from the main entrap-ce doorl'!ay
6. Exit properly marked with approved exit light and sign and approved
type panic hardware installed on the exit door
7. Approved type ceilin@ in the areas of occklpancy
8. Approved type eivergency li@hts
9. Approved fire extinouishers
10. Improved heatin@, svstem
11. Restroom facilities
ITEiM #3403
Application of Gcrald 0. Verdon for Dr. L. Robert I-mqe, for :l Us(,, Peri@@iit to
operate a Veterinary hospital (clinic) on certain property Ic)c@6d at a-,@oint
beginning 600 feet r,.ore or less @lest of Firs,@ Colonial Road, running a disl-ance
of 50 feet along the @lorth side of Laskin rloid, running a distance of 203 feet
along the Eastern property line, ruiining a dista)ice of 50 feet alona the @;orth,@rn
property line, running a distance of 208 foot along the East-.rn propertv line.
Said property is located at 1740 Laskin Road. (Iiilltop Area). LY@l@IIIAVE,@4 BOROUCFl.
The Planning Connission reco@nds a,,)proval of this request subject to right
of way improvement in accordance iqitli City standards as required by the
Engineering Division of th,, Departi@iant of Co@,,nunity Services and City water
and sewer required by the fiealth Departnient.
Mr. Gerald 0. Verdon appeared on behalf of the applicant.
Mr. Joseph Canada, Attorney, appeared on belialf of the applicant.
Dr. L. Robert Lowe appeared oii behalf of his own application.
On motion by Councilman Malbon, seconded by Vice Mayor Tebault, 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 @l. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
City Council deferred the above application of Gerald 0. Verdon for Dr. L.
Robert Lowe, for a Use Permit to operate a Veterinary hospital (clinic) for
. period of one (1) week pending a report from the City Manager regarding
:he operation of the subject hospital prior to issuance of a use permit.
ITEM #3404
Application of Boddie-Noell Enterprises for a Changie of Zoninq from multiple
Family Residence (R-1) to Limited Commercial District-3 C-L3 on certain I)rO-
perty located at a point beginninq 155 f-,et East of North Great Neck Road, run.'Iinri
a distance of 344 feet alonq the North side of Virginia @each Boulevard, rlinning a
distance of 195 feet along ihe 'elestern property line, running a distance of 3r,4
feet along the Northern property line and running a distance of 364 feet along the
Eastern property line. Said lots are knok,.,n as Lots 6, 7 and 8, Plat of London
Bridge Park. (London Bridge Area). Lynnhaven Borough.
The'Pianning Coriiission recoqmnds aor)roval of this request subject to City water
and sewer as requested by the fiealth Depart,-ie@it.
Mr. E. W. Dickens appeared on behalf of the applicant.
On motion by Councilman Malbon, seconded by C6uncilman Ervin, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
usch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
albon, J. Curtis Payne, Vice Mayor Earl M. Tebault, and Floyd E. Waterfield,
-r.
Nays: None
Abstain: Mayor Donald H. Rhodes.
Absent: None
City Council approved the above application of Boddie-Noell Enterprises for
a han e of Zonin from \Iultiple Fariily Residence (R-1@1) to Limited Commercial
District 3 C_L 3 1 subject to City water aiid sewer as requested by the
Health Department.
Application of Cape I,,ic, , for a Peri,,iit to construct a school on
certain Droperty local@-,cl' ci East siJ@ of Poad and the South side of
Wood!it,.use Road, beginn,@,ii @it a point '@') fec'L riore or ILss East of First Colonial @oad,
ruiining a distance of I'n3 fc@@', iiore or less e,.Icr@g the @lorthern property line of w@ticli
1231 feet is the Souti) side of l,lood@ict;se Road, running a distance of 621 feet along
the Eastern property lir,.,,, rti@@,iiiig a d4, @tance of 1234 fcot along the Southern prop-erty
line and runriing a dis'@,.ncL oF @l'O alorig "he Western oroperty line of which 456
feet is tkie East side of First Coloniz,,l road. Said properiy contains 20.5 acres.
(Woodhurst-Alaiiton Arcas). LY@'I@'HAVEi,l BOPOUGli.
The Planning Co.,mission recof-.Y%iends a,)proval of this application subject to a satis-
factory site plan being %Yorked out iilt@i t@ie Plantling Departmnt and other City Depart-
ments prior to the Couiicil i@e(,.ting vjith tiie understailding that an attempt viould be
made to viork out tiie pi,o.')Ierl;, voiced by the Al,2titon Civic League reqarding the re-
quired access to t@loodhouse Poad fro;,i *Lhe school site. Approval is subject to City
water and sevier and a (tedicittioii of rig;it of v@ay 45 feet from tlie center line of the
existina 60-foot eight of ,iay alorig tl!e 4@IF foot r!,,ore or less frontage on First
Coloniai '00ad, (15-foot dejication) ai)d a dculication of right of way along tlie 1231
foot nore or less frontotle On 'i@'OOU'@OLise Poad to allo%.i for an overall 60-foot right
or way (10-foot dedication).
Mr. Porcher Gregg appeared on behalf of the applicant.
Cdr. J. H. NIcConnell, representing Alanton (:ivic League, appeared before
City Council with four recomii@-iided chqnges i@elative to the above application.
Mr. R. L. Walker, Jr. appeared before City (:ouncil requesting that the
applicant relocate the playground.
Mr. Potter appeared before City Council opposed to the location of the play-
ground as indicated on tlie site plan of the applicant.
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.
usch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
albon, J. Curtis Payne, Vice @layor Earl M. Tebault, Floyd E. Waterfield,
jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
City Council approved the above application of Cape Henry School, Inc., for
a Use Permit to construct a school on certain property located on the East
side of First Colonial Road and South side of Woodhouse Road, subject to
City water and sewer and a dedication of right of way 45 feet from the center
line of the existing 60-foot right of way along the 456 foot more or less
frontage on First Colonial Road, (15-foot dedication) and a dedication of
right of way along the 1231 foot more or less frontage on Woodhouse Road to
allow for an overall 60-foot right of way (10-foot dedication), and site plan
review by the Planning Department before a building permit is issued.
Approval is further subject to the followin@:
1. No vehicular access to or from Woodhousc, Road either temporary or perma-
nent.
2. Fencing, without gates, and screening hc@dges along the entire length of
the property.
Relocate football fields away from Woodhouse Road.
4. Take steps to minimize noise factor in playground area. This can be
accomplished by the buildiiigs being relocated so that the play-
ground area is on the opposite side of the building and away from
Woodhouse Road. This stipulation is to be discussed between the
applicant and the civic leaaue and if lic, a@.reement can be reached, then
the applicant is reqliired to relocate the playground area on the opposite
side of the building away from WoodhoLis Road.
S. Agreement regardin,@ lie Ic)cation of tlie parking area on the site.
ITE,@l #3400
Application of Carey T. tiolland foi, a lis,@ i:o onerat,, a parkinq lot (@,easonal)
on certain property located on ttle of Atlantic Avenue and Fiftil
Street, running a distance of 150 fc@,@, zilc)q ti)e side of Fifth Street, runninq
a distance of 145 feet alo@ig the line, rtirining a distance of 15,0
feet along the Southern pro'nei@ty line, alid @l distarce of 145 feet along the
14est side of Atlantic AventiL,. VIT@@-@INI@ 1-@@
The Planning Commission reconfioncls approval o@@ this request for a tiio year period.
,@,r. Carey T. Holland appeared on behalf of l@is own application.
on motion by Councilman Dusch, seconded I)y (:ouiicilman @lolland, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Rol)crt B. Cromwell, Jr., FTank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clitrence A. tiolland, D. MuTray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald [I. Rliodes.
Nays: None
Absent: None
City Council approvecl the above application of Carey T. Holland for a Use
Permit to operate a parking lot (seasonal) for a period of two years.
ITF,,M #3407
Application of Nonni, Cohen, t4eisberq and Clark for a Use Permit to construct
308 apartment units on certain pr,operty beginnilig at a poi t 900 feet more or less
North of Holland Road, running a distanco, of 51F,-) feet niore or less along the East
side of South Plaza Trail Extended, runnirig a distance of 1521 feet rrore or less
along the Northern property line, running a distance of 362 feet more or less along
the West side of Windsor Oaks Boulevard (Proposed) and r@,@ning a distance of 1993
feet more or less along the Soutliern,,@r3@f-'-- Said property contains 18.558
acres (Windsor ();% L" Ll-- - -I - "LLE BOROUGH.
...- r;dnning Connission recommends approval of this request subject to City water
and sewer as requested by the llealth Departi@-ipnt. The school board reports that
negotiation is in process for the procurcinent of a school Site.
Mr. Douglas Talbot appeared on behalf of the applicant.
Mr. Sam Houston, Sr- appeared before CitY Couiicil regarding the above
application.
Councilman Ferrell made a motign to uphold the Planning Commission's recom-
mendation. Councilman Ferrell withdrew his motion.
On motion by COUnCilman Holland, seconded by Colincilman Ferrell, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, Gec)rge R. Ferrell, clirence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice ?,IayoT Earl M. Tebault, and Floyd F. Waterfield,
-Tr.
lays: Mayor Donald H. Rhodes.
Abserit: None
City Council deferred the above application of Nonni, Cohen, Weisberg and
Clark for a Use Permit to cODstruct 308 aparti,@iont units
ninety (go) ys. for a period of
(COUNCIL@LAN PAYNE LEPT TIIE COUNCIL Cli@IBEP,@)
ITEM #3408
Application of Zayre of Virai,,)ia, Inc., b.@, @iian B. Pickett, Attorney, for a Chanqe
of Zoning froll.1 Limited Conm"rcial District 3 (C-t- 3) to G@@neral Copi-,@lercial DTS-trl-ct 3
Tc--@3Ta-nd a use Permit to operate a gasoline supr)]Y station on certain property
beginning at a p-oi'nt@@0 feet more or less i'oi@th o-I Virginia Beach Boulevard, runn-
ing a distance of 103 feet along the tiest s :
ide of 1.1itchduck Road, running a distance
of 87 feet along the tlorth--rn property liiie, ru!@ling a distance of 100 feet more
or less along the Ilestern property line a;l@rl r@inriin(i a distance of 100 feet more or
less along the Southern property line. (Cliin@st, Corner Area). BAYSIDE BOROUGH.
The Planning Comission reco,-,,-,*nds aoproval of tliis request subj(.'ct to City
water and sewer as requested by the Healtii Del)artri(-,nt.
Mr. Owen Pickett, Attorney, appeared on beliijlf of the applicant.
On motion by Councilman Holland, seconded bv Councilman Cromwell, 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, Vice Mayor Earl M. Tebault, Floyd f@. Waterfield, Jr., and Mayor
Donald H. Rhodes.
Nays: None
Absent: Councilman J. Curtis Payne.
City Council approved the above application of Zayre of Virginia, Inc.,
for a Change of Zoninlq from Limited Comniercial District 3 (C-L 3) to General
ommercial District (C-G 3) and a Use Permit to opetate a gasoline supply
tation, subject to City water and sewer as requested by the Health Depart-
ent.
(COUNCILMAN PAYNE RETURNED TO THE COUNCIL CIIAMBERS)
ITEM #3409
Application of Clyde L. Collier for a CVianqe of Zoninq from Residence Suburban
District 4 (R-S 4) with a Motel and Tourist aifd 7e-s@aurant (T-2) Supplement to
Multiple Family Residence District (R-,'I) atid a Use Pemit to construct 72 apartment
units on certain property beginning at a point 3@ ?e-PH7.ast of Pleasure !louse Road
and on the South side of Po-.,ell's Point Road, rlinning a distance of 413 feet along
the W6stern property line of which 300 feet is t@i(, East side of Plpasure House Road,
running a distance of 380 feet along the 'lorthei,n property line of which 145 feet
is the South side of Powell's Point Road, running a distance of 425 feet along the
Eastern property line of which 300 feet is tfi(-, t-.Iest sid-- of Ovien Street and running
a distance of 435 feet along the Southern property line. (Chesapeake Reach Area).
BAYSIDE BOROUGH.
The Planning Co-mmission recormnds approval of this application for 60 one-bedroom
apartment units, a reduction of 12 units from the original application. The notion
for approval included a request for a dedication of right of way 45 feet from ttie
center line of the existing 70-foot right of @,,ay along the 300 foot more or less
frontage on Pl,asure House Road (10-foot dedicatiori). The Health Departmnt re-
quests City water and sevier. The mo-Lion for approval was further subject to site
plan approval by the Planning Dppartmerit prior to the application for a building
pemi t.
Mr. Grover Wright, Attorney, appeared on behalf of the applicant.
r. Vernard Wagner appeared on behalf of Chesapeake Beach Civi.c League in
pposition to the above application.
On motion by Councilman flollaild, seconded by Councilman Cromwell, and by
recorded vote as foll.ows:
Ayes: CouncilTnen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, George R. Ferrell, Clarence A. fiolland, D. Nlurray Malbon, J. Curtis
Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor
Donald H. Rhodes.
Nays: Councilman F. Reid Ervin.
City Council approved the above application of Clyde L. Collier for a Change
of Zon g from Residence Suburban DistTict 4 (R-S 4) with a Motel and Tourist
Rein
a.d ta urant (T-2) Supplement to Ntultiple Family Residence District (R-@1)
and a Use Permit to construct 54 apartinent tinits (a reduction of 18 units from
the or ginal appl4lcation), subject to a dedication of right of way 4S feet from
the center line of the existing 70-foot riglit of way along the 300 foot more
or less frontage on Pleasure House Road (10 foot dedication). Approval is
further subject to City water and sewer as requested by the Health Department
and site plan approval by tlie Planning Department prior to the application
for a building permit.
ITEM #3410
Application of Foundation Housing, Inc., for a Use Permit to construct a sewage
pumping station on certain property located 2106-fe t more or less '@4est of
Sullivan Boulevard and 1386 feet r.,,ore or 1(-,ss @lort@i of Ilewtown Road, running a
distance of 85 feet along the clortliern pro,,r)erty line, running a distance of 38
feet along the Eastern property line, running a distalice of 69 feet along the
Soutiiern property line and running a distance of 50 feet along the East side of
Broad fleadows Boulevard (Proposed). BAYSI"'E BOROUG@L.
I The Planning Commission reco@nds approval of this request.
Mr. Douglas Talbot appeared on behalf of the applicant.
On motion by Councilman Holland, 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 NI. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald @l. Rhodes.
@'iys: None
)Sent: Noiie
City Couicil approved the abqve application of Foundation Housing, Inc., for
a Use Permit to construct a sewage pupiping station on certain Droperty located
2100 eef n-tore or less ivest of Sullivan Boulevard and 1386 feei more or less
North of Newtown Road (Bayside Borough).
ITEM #3411
Application of C. Roger Malbon for a Chanoe of Zonin(i fropi @,lultiple Family
Residence District (R-,'I) to General C .i @rc-l-aT 7st-rict 2 (C-G ?) on certain pro-
perty located on the 14est side of Diamond Spi-inqs Poad, tiorth of tlorthapt n
Boulevard, rurning a distance of 328 feet along the Eastern property line of which
133 feet is the West side of Diamond Springs Poad, running a distance of 449 feet
along the Northern property line, running a distance of 324 feet along tlie Ilest-rn
property line, running a distance of 379 feet along the Southern property line.-
(Burton Station Area). BAYSIDE BOROUGH.
The Planning CorTnission racor@v,@-nds denial of this application as it was pointed
out by the City of Norfolk, Director of Department Of Utilities, in a lettor
dated May 11, 1971, which noted details of pv,oblems with surface rLItloff that
have polluted the Lake Lawson resevoir in th,,, past.
Mr. Owen Pickett appeared oTi behalf of the applicant.
On motion by Councilman Cromwell, seconded by Councilman Ervin, 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, J. Curtis Payne,
Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes
Nays: None
Abstain: Councilman D. Murray Malbon.
Absent: None
@ity Council approved the above application of C. Roger Malbon for a ChanRe
f ZoninQ from Mult4ple Family Residence District (R-M) to General Comme-rcial
istrict 2 (C-G 2).
ITEM #3412
Application of Edward O'Brien for a Chanae of Zoninq from Residence Suburban
District I (R-S 1) to f@lultiple Family Resid@nce District (R-11) and a Use Permit to
construct 32 apartment units on certain property located a@ a point beg-inning
1650 feet more or less South of Haygood Road, running a distance of 224 feet along
the East side of Ferry Plantation Road, running a distance of 625 feet along the
Northern property line and running a distance of 619 feet along the Southern pro-
perty line. Said property is triangular in shape. (Pembroke Court Apartinents
Area). BAYSIDE BOROUGH.
The Planning Commission recommends approval of this request with a reduction in
the density to 28 units rather than the 32 units requested and a dedication of
right of way 30 feet fro,.n the center line of the initial 30-foot riaht of tqay
along the 224 foot more or less frontage on Ferry Plantation Road (i5-foot
dedication) as requested by the Real EstatL, Division, Depart.-lient of Coununity
Services. The Health Departrient requests City water and sev,er. The School
Board requests participation in the scfool site acquisition fom@ula and con-
struction of a 6-foot security fence to be installed by tfie develol)er and site
plan approval by the Planning Depart-mnt prior to the application for a building
pemit.
Mr. Edilard O'Brien appeared on behalf of his own application.
On motion by Councilman Ilolland, seconded by Councilman Cromwell, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromivell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. @furray
@ialbon, J. Curtis Payne, Vice Mayor Earl @,l. Tebault, Floyd E. IVaterfield,
Jr., and Mayor Donald fl. Rhodes.
Nays: None
Absent: @4oiie
City Council approved the above application of E(Iward O'Brien for a Chang,
of ZoTiinz from Residence Subtirbarl District I (R-S 1) to Multiple FamiT-y
es' en@e District (R-@1) and a Use Periflit t,:) construct 28 apartment units (a
reduction in the density from tF 32 units reqtiested), subject to a dedication
of right of way 30 feet froifl the center line of the initial 30-foot right of
way along the 224 foot more or less frota,, on l@erry Plantation Road (15-foot
edication) as requested by the izeai E-stat'e Division, I)epartment of Community
ervices. Approval is furtlier subject to City water and sewer as requested by
,he Health Department and participation iii the school site acquisition formula
as requested by the School BoaTd. Approval is also subject to the construction
of a 6-foot security fence to be installed I)y the developer and site, plan
approval by the Planning Departmeiit prior to the application for a building
permit.
ITENI #3413
Mr. Billy McDowell appeared before Council regarding some of the terminology
used in the proposed Ordinaiice to provide r(,o,ulations relative to the design,
construction, etc., of swimniing pools.
On motion by Councilman Holland, seconded bN, Vice Mayor Tebault, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., FTank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clzirence 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 deferred consideration of an Oi-dinance to provide regulations
for the design, constructioii, etc., of swimming pools; providing for the
administration and enforcement of same; and providing fees for permits and
inspections and penalties for violations thereof. City Council requested
representatives of the Innkeel)ers Associition and other interested persons
to contact the Health Department regardiiig their concerns and suggested
amendments to the proposed "swimming pool oldinance."
ITEM #3414
On motion by Councilman Payne, seconded by Couiicilman Cromwell, 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 %i. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: None
)sent: None
-ity Council approved on first reading the following Ordinance to amend and
reordain Division 14, Sections 20-195, 20-196, 20-197, 20-198 and 20-201, of
the City Code relative to tlie licensing of professional bondsmen.
Ordinance No. 349
AN ORDINANCE TO AMEND AND REOR@DAIN SECTION 735.31
SUBSECTION (f) OF ORDINANCE No. 348 WHICH ESTABLISHES
AND REGULATES OUTDOOR ADVEPTISING STRUCTuilES, ETC. OF
THE CODE OF THE CITY OF VIRCI@ilA BEACH, VIRGINIA
BE IT ORDAINED BY THE COUNCIL OF TFE CITY OF VIRGINIA BEACH:
That, Section 735.3, Subsection (f) is amended and reordained
by adding Sandbridge Road thereto.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 21st day of June, 1971.
ITE@l #3415
On motion by Councilman Cromwell, seconcled by Cou3-Icilman Dusch, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervir., Geor@e R. Ferrell, Clarence A. Holland, D. i'lurray
I?
Malbon, J. Curtis Pavne, Vice Mayor Earl @l. I'ebatilt, Floycl E. Waterfiel.d,
I
Jr., and Mayor Donald H. Rhodes.
Nays: None
@bsent: None
-:ity Council approved the following Ordinance to repeal Section 20-200 , 047
the City Code relative to professional bondsmen.
ORDINANCE NO. 546
AN ORDIIIANCE TO REPEAL SECTION 20-200
OF THE CODE OF T@TE CITY OF VIRGINIA
BEACH RELATIiiG TO PROFE:SSIONAI; 3ONDS@@?i
BE IT ORDAINED BY THE COUNCII. OF T!iE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 20-200 of the Code of the City of Virginia
Beach is hereby repealed.
This ordinance shall be in ful@l force and effect from
the date of adoption.
Adopted by the Council of the City of Virginia 3each,
Virginia, on the day of 1971.
ITEM #3416
On motion by Councilman Cromivell, seconded by Councilman Malbon, and by
recorded vote as follows:
Ayes: Councilmen Robert II. 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 M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
ays: None
Absent: None
City Council approved the following Ordinance appointing Viewers relative to
closing a portion of Holly Boulevard in Lynnhaven Borough.
ORD[NANCE APPOINTING VIEWERS
WHEREAS, David Fitz-Gibbon, and others, have given due and proper
notice, in accordance with the statutes for such cases made and provided,
that they would do this day apply to the City Council of the City of Vir-
ginia Beach, Virginia for the appointment of Viewers to view the below
described property and report in writing to the Council whether, in the
opi nion of said Viewers, any, and if any, what inconvenience would result
from the discont[nuing of the hereinafter described street, in Lynnhaven
Borough, of the City of Virginia Beach, Virginta, and have filed such ap-
plication with the said Council.
NOW, THEREFORE, BE (T ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA;
That,
and Mr. W. r. are hereby appo[nted to view the
below described property and report in writing to the Council on or before
July 19, 1971 whether in their opinion any, and if
any, what inconvenience would result frofii the discontinuing, closing and
vacating of that certain street located in the Borough of Lynnhaven, City
of Virginia Beach, Virginia, and described as follows;
A certain portion of the Street, designated as Holly
Boulevard, as shown on the plat of Ubermeer Annex
No. 1, duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach in Map
Book 10 at page 59; said portion commencing at the
southern-most line of the interscction of the said
Holly Boulevard and the unnamed alley or roadway
dividing Block 16 as shown on the aforesaid plat and
running in a southerly direction to the northern-
most line of the intersection of the said Holly
Boulevard and 51st Street in the City of Virginia
Beach, Virginia.
ITE,Nl #3417
On motion by Councilman liolland, secondod bN, CounciljflaT, Dusch, and by unanimous
vote, City Council deferred for one (1) ivee@ the matter relative to an appoint-
ment to the Sotitheastern Virginia Plaiining llistrict Conimission for a th,,e
year term, running through July 1, 1974.
ITEM #3418
i motion by Vice Mayor Tebault, seconded b) Councilman Ilolland, and by
-,corded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwel.1, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A.*Iloll.and, D. Murray
Malbon, J. Curtis Payne Vice Mayor Earl NI. 'I'ebault, Floyd E. Waterfield,
Jr., and Mayor Donald H' Rhodes.
Nays: None
Absent: None
City Council approved a transfer of $3,000 from Code 180 to Code 211A (Sewer
Service, a transfer of $1,000 from Code 182 to Code 221 (Water Service), and
a transfer of $4,000 from Code 182 to Code 208 (Electric Service) within the
General Services Department budget. These transfers are necessary because of
unanticipated water and sewer tap fees and underestilnation in water, sewer
and electrical expenditures.
(COUNCILMAN CROMWELL LEFT THE COUNCIL CIIA-NIBEPS)
ITEM #3419
On motion by Councilman Payne, seconded by Councilman Holland, and by recorded
Dte as follows:
Ayes: Councilmen Robert H. Callis, Jr., Frank A. Dusch, F. Reid Ervin,
George R. Ferrell, Clarence A. Holland, D. Nlurray @talbon, J. Curtis Payne,
Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H.
Rhodes.
Nays: None
Absent: Councilman Robert B. Cromwell, Jr.
City Council approved an appropriation from Unappropriated Surplus in the
amount of $4,928 to the Department of Personiiel to cover the severance pay
to Mr. E. A. Culverhouse, former Personnel Director, and to provide funds
for the payment of salaries of the summer interns during the month of June.
(COUNCILMAN CROMWELL RETURNED TO THE COUNCIL CFIANIBERS)
ITEM #3420
On motion by Councilman Payne, seconded by Councilman Ferrell, and by recor ded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
isch, F. Reid Ervin, George R. Ferrell, Claience A. Holland, D. Murray
ilbon, J. Curtis Payne, Vice Mayor Earl M. lebault, Floyd E. Waterfield,
I., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
City Council authorized the City Nlanager to enter into a water and sewer
agreement with the Sea Bay Development Corporation, developers of Trav-L-Park.
This agreement clearly defines when the travel park system would be connected
to the city system, at what point the connection i@otild be made, the number of
trailers to be setved, and the fees to be r)ail.
ITE@l #3421 1
On motion by Councilmafi Ferrell, seconded b@, Councilman liollalid, and by fecol,jec@
vote as follows:
Ayes: Councilmen Robert fl. Callis, Jr., Rol)crt B. Croml,,ell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Cl@trence A. flolland, D. Nlurray
Malbon, J. Curtis Payne, Vice Mayor Earl Nt. Tcbault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
tys: None
)sent: None
City Council authorized the City Manager to enter into an agreement with the
Virginia National Bank, Mr. Albert L. Bonne@, and Mr. Glenn B. McClanan to
construct a sewer line in the Kempsville area on the west side of Bonnev Road,
from the intersection of Princess Anne Road north to the property owned by the
Virginia National Bank. This line will be installed at no cost to the City of
Virginia Beach.
ITEM #3422
On motion by Councilman Ferrell, seconded by Councilman Dusch, and by unanimous
vote, City Council deferred for one (1) wee@ the reorganization of the Drug
Focus Committee.
ITEM #3423
On motion by Councilman Holland, seconded by Councilman Waterfield, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
isch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
-albon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
City Council noted its intention to hold a closed nieeting on Monday, June 28,
1971, for the purpose of discussing items permitted for discussion under the
Freedom of Information Act of the Commonwealth of Virginia.
ITEM #3424
On motion by Councilman Holland, seconded by Councilman Cromwell, and by
unanimous vote, the meeting adjourned.
onaIJ-@R o es, ayor
,ity of Virginia Beach,
Virginia
June 21, 1971