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HomeMy WebLinkAboutJUNE 8, 1970 Ci-@z CouNc,,L OF THE CITY OF VIFGINIA B 4 c G A F 'T, VIE i- N -Tune 8, 2970 The reguzar rieeting of the Counciz of the City of Virginia Beach, Virginia was heZd in the Council Chabers in @he Administration BuiZding, in the Borough of Pri.noess Anne, on Monday. Tune 8, 1970, at 2:00 P.M. The invocation was given by Reverend G. David Shreeves@ Di=ond Springs Christian Church, Virginia Beach. Councizmen present: Mayor Frank A. Dusch, Vice t@ayor Robert B. CronweZZ, Jr., AZbert L. Bonney, Sr., George R. FerreZZ, D. t@ray mazbon, Lawrence E. ParshaZZ, .rohn W. Mccombs, -T. Curtis Payne, G. Dewey Sirmons. Jr., EarZ H. TebauZt, ard Kenneth N. Whit@hirst. On motion by Mr. MarshaZZ, seconded by Mr. Bonney, and by unanimous vote, City CounciZ approved the Minutes of the meeting of I,!ay 25, 1970, and the reading of said Minutes dispen,3ed with, inasmuch as each CounciZman had a copy of said Minutes before Mr. Tim Barrow, Assistant City PZanning Director, presented reconmendations of the PZanning Comnission in place of Mr. CharZes C. Carrington, PZanning Director. ITEM #2300 Mr. -rcmes M. PickreZZ@ Attorney, appeared in behazf of the appticant. On motion by Mr. CromweIZ, seconded by iir. MarshaZZ, and by unanimous vote, City. CounciZ denied the foZZowing appzication for a@n e of @n and a use @t. Application of HLn.-ble Oil aid -Refining Co. by Jal.-,--s M. Pickrell Attorne,/ for a change of zon@ncl.from Lirii,ed Co..@rcial -Districl- 3 (C-L i) to Gene;al Cor.nerci@6i@ri-ct 1 (C--@ 1) and a Use Permit to construct a gasoline sunoly station on certain property located 6n- l@ie SSO-Utheast corner of Indenenden'c'e Boulevard and Sliell Road, running a distanc- of 125 feet alonq the South side of Independence Boulevard, running a distance o -f 60 feet alona the East side of Shell Road, running a distance of 264 @eat along the Southern pronerty line and runninq a distance of 200 feet along tli -astern property line. e r (Robbins Corner Area). BAYSIDE.-BOROUG H. The Planning Cor.Tnission recorrends a'oproval of this request subject to City water and se,.@ier and the require,',Rnts of the Site Plan Ordinance. ITEM #2301 Mr. David A. Howard, Vice President, CoZeman Farms, Inc., appe-ed in reg-d to the foz@ing application. Mr. Arthur RiddeZZ, President of Homestead CiVic League, appeared in opposition to the foLZowing ,ppLication. On motion by Mr. Bonney, sec@ed by Mr. Sirmons, and by unanimous vote. City CounciZ approved the foZZowing appzication for a use perptit, @ject to a dedication of right of way 3o feet from the cent r@line of OZd Providence Road (15-foot dedication) and further @ject to a natural features map and site pl- being @mitted to the P@..ning Department for revilew and approval prior to the buiLding permit being accepted. Application of Coleman Fams, Inc. for a Use Permil to construct 396 apartment units on certain prooerty located bit,,,i-een7 old Providence Road and Providence Road across fro,-.i College Park Boulevard, runninq a distance of 1375 feet along.t@he I'lorth side of Provider@ce Road, running a distance of 850 feet along the Eastern proderty line, running a distance of 1540 feet along the South side of Old Providence Road, and running a distance of 300 feet aloic the Western'property line. (College Park-KnOb Hill Area). KEP,PSVILLE 31"OUG.H. dedication of right of way 39 Ieet from @he c a nter Ii-ne of -Llld Providence -Road (15-foot dedicalion) and furtker sLbJ@ct to a natural features map and site plan being sub,-ii+ted to the planning Depart,@nt for revie,4 and approval prior to the building pemit being accepted. ITE?,f #2302 J=ec BZount appeared beh,21f of the appzicant. O?i motion by mr. Bonney, second,-d b., Z" and bu unanimous vote, Ci,+y CO-CiZ approved the foZZowing appzication -f-ora a' use a--it, subject to city zoa@r and -q-er and further @ject to the site PT-- biin-g reviewed by the PI-ning Department prior to the buizding permit aPPZication being accepted. Application of Womble Realty, I,-Ic- for a Use @er7it to operate a roller skating rink on ertain c properz.y iocated on the East side of South @ltilitary Highi-iay beginning at a point 367 feet @llorth of Providence Road, running a d@.stan@e of ,')o feet along the East sid f Sout;h ,Iil a distance of 330 feet along the Southec t, itary Higii,,ia,y, runni,ig rn property line, running a dist nc, of 510 feet along the Eastern property line, running a distanc a e c of 250 feet along the Northern property line. (K.,iob Hill Area). KE@.IPSVILLE BOROUGH. The Planning Connission recommends approval of this request subject to City water and sewer and further subjoct to the site plan being revietied by the -i , t I Planning Departwnt prior to the buildig p@-mi app ication being accepted. ITEM #2303 A&. 7uZian Rashkind appeared on behalf of the appzicant. On motion by Mr. Cro?7weZZ, seconded by Mr. ifarshaZZ, and by unanimous vote, City CounciZ approved th! foZZowing appzication for use it @ject to City water and sewer and a dedication of right of way 45 feet from the center tine of Baker Road and further subject to a 50-foot Zandscaped and berm buffer provided a@acent to the projected Baker Road right of way. Av,proval is further @ject to a 30- foot setback from the Western pioperty Zine with aZZ existing trees being retained as naturaz screening. A provision of an interim two-acre open space recreation area is to be provided untiz permanent recreationaz facizities are avaiZabZe. A minimum 60-foot right of wad colzector road entrance to the devezopment is to be provided. AZso a reduction in @eZZing unit density to 16 @eZZing units per acre is reconmended. In order to meet this requirement the appzicant agrees to incorporate additionaz acreage into the appzication so as to retain the initiaz nwnber of units requested. ApprovaL is further @ject to the site p@ being approved by the PZanning Department prior to the buizding permit avplication being accepted. Application of Wesleyan Prooerties for a Use Permit to construct 116 apartment units on certain property locatTd-6n-f@4est side of Baker Road, b-,ginning at a point 1397 feet South of 1,4esleyan Drive, formerly Buma Road, running a distance of 440 feet along the West side of Baker Road, running a distance of 600 feet alona the Southern prooorty line, running a distance of 440 feet along the @iesteri property line and running a distance of 690 feet along t@,,ic @:orthern property line. (Viriinia Wesleyan College Area). BAYSIDE BOROUGH. The Planning Corriission reco,@nds ao .proval of this request subj@--t to City water and se,.ier and a dedication of right of way 45 feet from the center line of Baker Road and further subject to a 50-foot landscaped and bem buffer provided adjacent to the projected Baker Road right of way. Approval is further subject toa 30-foot setback from the Western property line with all existing t@ees being retained as natural screening. A provision of an Interim tdo-acre open space recreation area is to be provided until pemaneht recreational i'acilities are available. A mini- mm 60-foot right of way collector road entrance to the development is to be provided. ALSO a reduction in (twelling uni* density to 16 d,4elling units per acre is rec @, nded. In order to r, et this requireinent the ,e applicant agrees to incorporate additional acreage into the aoplication to as to retain the initial number of unlts reques-ed- APproval is further Subject to the site plan being a'oproved by the Planning Depart.@nt prior to the building permit application being accepted. @'2304 Mr. J@- Ear@w stated that he had received a Z a thirty (3oj dy etter @rom the appzic dei-er@Z.of the foz.z-inq appZ@cat@on. ant asking for I Mr. Patrick L. 5t-ding appeared on behalf of the aPpZicant to ask for a def,,rl. Mr-,, EZaine Ki4hn appeared on behazf of Wi@or @loods Civic League in OPPosition to the fol@ing a-PpZication. ,Ifr- A. L. Richards appeared on behazf of Peca, Garde- Civi.c League asking that the:foZZowing appzication be postponed as negotiations with buizder were underway. On motion by lfr- Payne, seconded bY Mr. MarshaZZ, and b unani-us vote, City CounciZ defe-,d the folz,,wing application for a c @n and use ermit for thirty (30) days. Applicaticn of ronnor and Foy by Talb,t and @ssociates for a c@anq@ of zoninq fron Residcnc, Suburban. District 4 (R-S 4) to t,:ultiole@a..Mi-ly-- Yesi-dence District (R-@1) and a Use Permit to construct 135 to-,,inhouses on certain property located in Pec@G rd ns be i-@ ing East and West of Arthur Avenue, Hayes Avenue and East of Taft Avenue aid @lorth of 29th Street. Said property is desi,,nated as a portion of Blocks 10, 11, 12, 19, 20 and 21, Plat of Pecan Gardens. Said PrOPIrty begins 3qO feet lifest of Rosemont Road. Pla'@s with rore detailed infor,@ia'ion are available in thL, Office of tl)e Departr,,ent of City Planning. (Pecan Gardens Area). KEMPSVILLE BOPOUGH. The Planning Cor.,nission recorrmnds approval of this request subject to City water and sewer and a 50-foot setback from the drainage canal, a recreation area of not less than 1/2 acre to be provided to serve the residents of the area. Furtlier, approval is subject to the site plan I>eing approved by the Planning Departmnt prior to the building pemit application being accepted. It was the opinion of the Commission that the developr@,ent as pro@osed would be a substantial iirprovemnt over developr,,ent pernitted under existing municipal regulallions and land use controls. ITEM'#2305, Mr. GarZand M. Layton, Attorney, appeared on behazf of the appzicant. On motion by Mr. Bonney, seconded by Mr. 14arshaZZ, and by unanimous vote, City CounciZ approved the foz@ing application for a change of zoning, subject to Lz'm@ted CormerciaZ District 2 (C-L 2) rather tha Gener Z@ =erc@az District 3 (C-G 3) as requested. ApprovaZ is further @ject to City water and sewer and a dedication of right of way 45 feet from the center Zine of HoZZand Road. The ?Zanning Comnission's reconmended amendment wouzd offer greater protection for the residents of Pocahontas ViZZage as weZZ as provide the appzicant the opportunity to use the property for Zimited co=erciaz use. Application of Vincent W. Conduff and Donald M. Fett by Garland M. Layton. Attorney, for a change of zoning frorn Residence Suburban District 4 (R-S 4) to General Commercial District 3 (C-0 3) on certain property located o- the East airle oi Hollar,@' Roa-I beginning at a point 665 feet North of N,-%rragansett Drive and r-,nr-in& a distance of 520 feet along the East side of Holland Road, running a distance of 305 feet alon.a the Northern property line and ri,nning,a distance of 400 feet along the Eastern property line, and running a distance of 200 feet along the Southern property Une. (Pocahontas Village Area). HEMPSVILLE BOROUGH. The Planning Comrnission recommeiads approval of this request to Urnited Comxnercial District Z (C-L 2) rather than General Conirner- cial District 3 (C-G 3) as requested. Approval is further subject to City water and stiwer and a dedication of right of way 45 feet from the center line of Ho@nd Road. The Pla@ng Cornrnission's recornmended amendrnent would offer greater pratection for the residents of Pocahontag Village as well as provide the applicant the opportunity to use the property for limited con=ercial use. I!Eld #2306 nd @y ous vote Citd On mot n by r; 1,@ IZ, ec iO y sha 8 anded by I,,r. CroTveZZ, a unanim Counc-iZ deferred the foZZowing cTpLication for a c@qe of zonino and a use perrn't for thirty (.30) @s. Application of Lincoln Enterprises for a chanize of zonin from Limited Commercial District 2 (C-L 2) to Multiple Farnily Residence District (R-M) and a Use Permit to construct ?20 apartrnent units on certain property located on the South side of Shore Drive be@innin@ at a point 280 feet East of Diarnond Springs Road and running a distance of 1350 feet along the Northern property line of which 450 feet is the Southern property line of Shore Drive, runrang a distance of 520 feet along the Western property line, ru@ng a distance of 1500 feet along the South- ern property line (Northern Shore of Lake Smith) and running,,a distance of 1150 feet alon@ the Eastern property line (Western Shore of Lake *th). SID- ROUGH. Sm (Lake Smith Area). BAY 110 Tbe Planning Commission recon-xmends approval of this request subje6t to City water and sewer, a 50-foot setback from top of bank al'@acent to@ Lake Smith, a second entrance to be provided to Diamond Springs Road and a reduction in density to 13. 5 d%vellin- units per acre. Further, a drainage plan acceptable to the Department of Public Works is to be submitted. The site plan is to be reviewed by the Planning Department prior to the buildin@ perrnit application being accepted. ITEM #2307 Mr. Twnes M. PickreZZ, Attorney, appeared in behazf of the applicant. On rwtion by Mr. MarshaZZ, seconded by Ivr. Cro?7weZZ' and by unanimous vote, City Council appmved the following appzication for a use permit. subject to City water and sewer and the re4uirements of the Site Z@an Or-din@ce. Application of IILnble Oil and Refining Co. for a Use Pemit to construc" 6 Tfe- -f-@e @:orth a gasoline supply station on certain prooer v loc @o least corner of Independence Boulevard and ',Iishart Road, ruininq a distance of 191 feet along the East side of Indenendence Boulevard and runninq a distance of 244 feet along t.,ie rlorth side of '.4isliart Road, runriing a distance of 138 fect alona the Eastern orop--rty line and runninq a distance of 233 feet along ti@e 'iorthern property line. (Lake Smith Terrace Area). BAYSIDE BOROUGH. The Planning Cornission recor.-nends a'Pproval of this request subject to City water and sewer and the requiranents of the Site Plan Ordinance. ITEM #2308 Mr. Grover C. Wright, 7r. Attorney, appeared on behazf of the appzicant. Mr. WaZter Smith, Attorney, appeared on behazf of Shadow Lawn Civic League in opposition to the foz@ing appzicatton. On motion by Itr. McCombs, seconded by Mr. 14arshaZZ, and by unanimous vote, City CounciZ deferred the foZZowing appzication for sixty (60) days. Application of Charles 0. Peel by Grover C. '4right. Jr., Attorney, for a Use Pemit for a public marina with related facilitifls, includinq office, u@e @oc@ bulkhead, pilings and vialkway for boat sli,)s, on certain prooerty located on the South,,.lest corner of Winsion Salem Avenu- and Mediterranean Avenue running a distance of 135 feet along the South side of Wins*on Sale.'., Avenue, running a distance of 100 feet along the West side of 'Aediterrancan Avenue. Said lots are d--Signat'-d as Lots 9 ahd 11, Block 30, !Aap of Shadow Lawn Heights. (Shad(Y.4 L&,@in Heights Area). VI@%GI@IIA 3EACH BOROUGH. The Planning Cor,.nission reco@@, nds approval of this request subject to CitY water and sewer provided th@, requirements effecting marina developrmnt as establis.hed by t)le State of Virginia ar-- @, by the applicant and that the site plan-be presented to t@,e Plarning @part,.r-nt for its r--view and approval I I . . I . . -d j@v Mr. Tim Barrow sta-led that the appzicant requested a withdrawaz of-the fol@ing appzication. Mr. G2vver C. Wright, Jr., Attorney, appeared on behalf of the appzicant requested that the foZZowing appzication be wfthdrmm as this application con- stituted a violation of the Beach Borough Land Use PZan. On motion by lir. McCombs, seconded by Mr. TebauZt, and by unanimous vote, City CounciZ approved the withdrc:waz of the folzowing appzication. A'Dplication of Charles 0. Peel by rrov,,r C. Wri,31it, Jr., Attorne.y, for a Use Pemit for a private marina wi+h related fac-ilities to include bulkll,.ad and piling for boat slips on certai'n property located on t.,Ie East sid(,, of Caspian Avenue across from Winston Salem Avenue and runnina a distance of 180 feet along the East sid,, of Caspian Avenue, runninq a distance of 50 feet along t@.- @lortliern property line, !nd rl,nninq a distance ni- 162 fe@t along the Souti,,rn property linc. Said lots dre desiqna,,ed as Lots 4, 5, 6,.7, and 8, Block 30, Plat of Shado%i La-4n Heights. (Sliadoiq Laiqn Ileiglits Area). VIRG1,41A BEACH BOPOUG,4. The Planning Co.,@ission recoi@, nds denial of tiiis request as this application constitutes a violation of the Beach Borough Land Use Plan approved by Council and would have a detrir,,,ental effect on a stable single family residential area. ITEM #2310 Mr. Tim Barmw stated that the appzicant requested a withdrawaz of the foZZowing appZication. Mr. Gyvver C. Wright, Tr., Attorney, appeared on behazf of the appzicant and reque,9 ted that the fazzowing appzication be withdrawn @s this appzication con- stituted a viozation of t,he Beach Borough Land Use PZan. On motion by Mr. liccombs, seconded by Mr. TebauZt, and by unanimous vote, City CounciZ approved the withdrawal-of the foZZowing appzication. Application of Charles 0. Peel by Grover C. Wright, Attorney, for a Use 'Periit to construct a private marina .qith related facilities to incl7d@ u@l @ad and piling for boat slips on cprtain oror)Prty located on the East side of Cypress Avenue and South of Winston Sale,,n Avenue. Said property is designated as Lots 2 and 3, 3lock 30, Plat of Shada.-I La,.,m Heights. (Shadvi La,4n Heights Area). VIRGI,','IA BEACH BOROU^Qq.. The Planning Comnission recormends denial of this request as this application constitutes a violation of the 3each Borough Land Use Plan approved by Coun- cil and would have a detrimental effect on a stable single family residential area. ITEM #2311 Mr. Tim Barrow atated that the appticant requested a thirty (30) day deferraz- On motion by Mr. I'cCombe, seconded by -. TIh@te;,-iurst, and by unanimous vote, City CounciZ deferred t,ze foZZowing applicay-,@- for - change of zoning and a use @r- mit for thirty (30) d2ys. Application of Lee Pappas by John N. Parker, Attorney, for a chanqe of zo ng fron Retail Business District (8-1) to General BusinesT-l@st i@ct -@-and a U5e Pemilt to construct an auto-,obilL- rcpair garace on Certain prope@ty locit-(id-@T,@-e Northtiest corner of Cvnr--ss Avenue ana 19th Stre-2t, running a distance of 148 feet alonq th ort sid of lgth Street, running a distance of 62 feet along the 'flest sido of CyT)ress Avenue and runnina a distance of 159 feet along the Northern proi)erty line and running a distance of 77 feet along the Western property line. VI@GINIA BEACH BOROUGH. The Planning Commission reco,@m@ends denial of this request as the application Is in violation of the recormndations of tlie Beach Borough Future Land Use Plan and this would tend to have an adverse effect on neighborhood improverent now under way. ITEM #2312 Mr. TO@ KYrus appeared in Peg-d to the folzowing appzication. On motion by Mr. mccombs, seconded by lIr. Wniteh-st. and by'unanimous vote, citg CO-ciZ approved the foZZowing appzication for@ a use vermit. @ject to a two- year time limitation and site improvement3 as re uired by t@e Department of Pubtic Works. Further the site pzan is lo be approved by the P@ning Department prior to the time the buizding permit appzication is accepted. APplication of Denaro Associates for a use Pe it to oderate a tc,,orary nn M,) parking lot on certain property located-&n- 7F@est side of Atl t c Avenue beginnina at a point 1:')O feet South of an i Third Street, running a distance o@ 279 feet along th-- t4est side of Atlantic Avenue, running a distance o@ 290 fe,_t along tre ilort,@ern pro,@)erty line. Said parcel bcing triangular in shape- VIRL-IINIA BEACH BODOUG.II. The Plannir,g Comission recornends approval of thi,s request subject to a two-year ti@me liritation and sit'e ir,.provem&,nts as required by the Depart- Lient of Public @,lorks. Further the site plan is to be approved by the Planning Departnent prior to tlie time the building pernit application is acc--pted. ITE?4 #2313 Mr. Eugene Codfrey, owner of Flora Fa Ms, Inc., appeared to request that the foZZowing appzication be withdrawn. On-motion by Mr. Payne, seconded by Mr. Sinmons, and by unanimous vote, city CounciZ approved withdrawal of the foZZowing appzication. Application of Flora Fari.-.s, Inc. by Ed.-iin Kellam, Attorney, for a chanqe of zoninq from Agricull@ural District (A-R) to General Industrial i@sfrt@t I -0.,@l-IT-and a Use Perrit to construct a trailer park on the Nortli@4est corner of General BooFkT B@uf@iird and Prosoerity Road and running a distance of 2688 feet along tlie West sicfe of General Bootfi Boulevard, running a distance of 597 feet along the 'Iorth sidl, of Prosperity Road, ru.,inina a dis'@ance of 2000 feet along the I-lestern property line of which 669 fect is the Eastern property line of Oceana Boulevard. Plats with rore detailed information are available in thc Office of the Departrent of City Planning. (Red Wing Park Area). PRINCESS A,4:*IE BOROUGH. The Planning Commission recommnds denial of this request as City water and se1/2ier is not available to the site and t,@ere are not iwediate pro- visions for the extension of such services. Thereby, developr,-,ent of this site at this time was considered premature. The plan itself provided inadequate recreational facilities to serve the area and the public schools serving the applicant property were not able to absorb the pupils generated by such a development. ITEM #2314 On motion by Mr. Whitehurst, seconded by Mr. TebauZt, and by unanimous vote, City CounciZ denied the foZZowing application for a change of @on@. Applicati3n of Carl H. Kunzman for a channe of zonino from Acricultural District (A-R) with a 'Iotel, Tourist aiFd-@esliuran@t T-2) Supplement to Limited Comercial District 3 (C-L 3) on certain pro;)erty located on the Southwest corner of Sandniper Road and Pike Lane, running a dis'6ance of 436 feet along the West side of Sandpiper Road, running a distance of 124 feet along the South side of Pike Lane, runnina a dis*anc- 6f 418 feet along the Western property line. Said parcel being triangular in shaoe. (Sandbridge Area). PU:IGO BOROUG H. The Planning Co.,.nission recor@mnds denial of this request for the following reasons: a. the Linited CoFnercial zoning viould offer no control over the use of the property. b. the parcel is located on an 'S" curve and is an odd shaped parcel that would provide little opportunity for suitable con@rcial develop.T,ent; c. the surrounding area is develc,oed as a single fan@ily area and compatibility of oroposed uses with this neighborhood should be a Dri- wry considera-Lion. - - - - - - - - - -- L ITEI #231 On 7wticr, by Y,,. Whitehurst, sec,nded by l@fr. TebauZt, by unanimous vote, City CO-iZ approved the foZZowing appzication for a use it. Application of Pungo Bridge Beach i'arina for a Use @iLt to construct an 8-foot by 12-foot signboard o"i certain i)ro,:)Crty-lo-cat-d on thL, rort corner of Princess Anne Road and Punc;o Ferry Road. PUIICR) B-O",IU'uq. Planning Coi-.nission recopmnds approval of t@iis requ@-st for a directional signboard. ITEII #2316 Mr. Tohn WaZler, Pres@dent of Virginia Beach FestivaZ Park, Ltd., appeared in regard to the foZZowing appzication. On rwtion by Mr. S'irmons, seconded by Mr. MaZbon, and by unanimous vote, City CounciZ approved the foZZowing application for a use rermit, subject to a two- year time Zimitation and the requirements of the @te a@n ordinance. Application of Virginia Beach Festival Park, Ltd. for a Use Pemit to construct a 15-foot by 30-foot signboard on certain pron,,rty located on the South side of the Virginia Beach-,'Iorfolk Express@iay 600 feet West of Wasiiington Avenue. (Seatack Area). LY,'Ij'i'iAVE@4 80,ROU-^,H. The Planning Co.Tj;iission reconi,-,,ends approval of this request subject to a t,@to-year tim li.,nitation and tlie reqb4rements of the Site Plan Ordinance. ITEM #2317 Mr. Thomas Broyles appeared on behazf of the appzicant. on motion by 14r. Sinmons, seconded by lir. t@azbon, and by unanimous vote, City Council approved the foz@ing appzication for use permit, subject to an czend- ment from garden apartments to townhouses and @ject@to @ity water and sewer and provided the minim= required state improvements be made by the appzicant to the 30-foot right of way on the Western property Zine thereby offering additioraz access to the property. ApprovaZ is further subject to the site pzan being sub- @tted to the PZanning Department for review and approvaz prior to the buizding per-mit being accepted. Application of Hado Development Corporation for a Use Perrnit to construct 40 apartment units on certain property located North and South of Mary- land Avenue beginning at a point 300 feet more or less West of Rudee Avenue, runrling a clistance of 373 feet along the Southern property line, running a distance of 237 feet along the Western property line, running a distance of 336 feet along the Northern property line, running a dis- tance of 315 feet more or less along the Eastern property line. Said parcel is known as a portion of Lots UBI and 1IB2, Subdivision of Stark Farm. (Shadowlawn Heights and Stark Farm Areas). LYNNHAVEN BOROTTr.- The Planning Commission recommends approval of this request subject to- an amendment from garden apartinents to townhouses and subject to City water and sewer and provided the rrinimum required state improvements be made by the applicant to the 30-foot ri-ht of way on the Western property line thereby offering additional access to the property. Approval is further subject to the site plan being submitted to the Planning Department for review and approval prior to the building permit being accepted. IT-F?,f #2318 Mr. OWen B. P@ckett, AttOrney, appeared on behazf of the appzicant. Mrs. EZaine Kuhn appeared on be If of t e Wi@o to 'the foZZowing a- ha h r Woods Civic League in opposition volication. On motion by 14r. Sinnons, seconded by Mr. Mars7za1z, and by unanimous vote, City Council approved the foZZowing appzication for use z)ermit- @ject to City water and sewer and the requirements of the Site Pzan-Trdrnan-ce. Application of Robert S. Lindsley bv Dien B. Pickett, Attorney for a Use Per,-.iit to constr ct a oasoli suPPIY station on certain prodorty loc'ife-d n@t.hL, @lor'Lh@,iesi 0 Extended), ruin- r,-Ont Pold and F urtli StrLet (Ch'ster S'rc@t f 1,50 -@ect ;'(!19 th,, 'vlest si@e -f Rose' Road, ruTin,n@ it -0 !Ilorlt feLt along tli,3 Ilortli side of Fourth Stre,,t (Chester Stre-et ing a distance of 159 feet alona the Northern property line, a @tance of 182 feet alon.9 the llest(-'r,'l proplrty line. (Princess indsor Woods Area). LYIIN@li',VEN BOROUGH. s The Planning Comi sion reco nds approval of this request subject to City water and se-@-ior and the requireir;ents of tiie Site Plan Ordinance. ITEM #2319 Mr-.14cClurg. Architect. appeared on behazf of Dr. Visser. On motion by mr. sinnn,, seconded bu 1-@. Malbon, and by unanio,, vote, city CO-cil approved the ZZowing appZi'cat7,on for use subject to City water and sewer and the reqf@ Permit. u*Lrements of the Site PZan@r inan-ce. Application of Ro,2r L. Visser, D.D.S. !I.S. and sob M. Ilartin, D.D.S. for a Use Pemit to co,,istruct professiO'.Ial offices on ccrtain prooorty locatea--Ylotlq the lefest side of First Colonial Poad blginnina at a point 1337 fee.' Florth of Lask-in Road and runninq a distancl of lo@ fe,2t alona the 14Lst side of First Colonial Roid, ru.9niia a distanc-I of 205 fect along the @torth-Irn pro'oerty linl', run@-lina a dis Lanco of 105 feet alonq the !4estern property line and running a distance of 20'0 feet alona the South-Irn property line. (Laurel 'Ianor AO--a). LY@'l@l!IAIJE.i B,-IROUGH. The Planning CO,-,Inission reconITIond adproval of this request subject to City water and se@,ier and the requisre,@,nts of the Site Plan Ordipance. ITE14 #2320 Mr. AZbert WilZi=-Penowski appeared on behazf of the appzicant. On motion by Mr. 3@one, seconded bu Mr. marshaZZ., and by unanimous vote, City CounciZ approved the folzowing appZi-c,--tion for ase t. Application of Thor,,.as Patpian for a Lse E!@rr t for t"e rental of si-,all power and sail boats on clrtain Droperty lo@a"ed on the North side of Shore and nce@n AvenLe, Ea' st of Lesncr B;'IdgL,. Said lots ar,2 deslgpated as Lots 14 15, ancl' 16 Block 1, Plat of Lynnhaven Shores. (Lynnhaven Inlet Area;. LY.4'@9 AVE BD"OUGH. The P!anning Co-mission reco,.@-nds denial of this request as this area IS Intensiv ly sed fis@rlen, bathers and boats could cons ttute a Vre oy sport y ,Yrpal hazard. The tioat currents along this shore line are extrer,,.e nazardous. ITL?;L @2321 ne IIcLesPey, Pres idp-nt of Wac'@- Corp-appe,-,,d in regczrd to @he fozzow appi-&cati.on. ing On motion by Iv@r. Si@ons, seconded by Mr. PaZbon, and by unan imous vote, City CounciZ approved the fozzowing application for use it, @ject to City water and se,,oer and provided the si@e @Zan be reviewed-and approved by the Planning D@partment p@r to the Buizding Pe-,mit appzication beina acceoted. It is further required that adeqvate recreatioraz to serve ihe res-l@de?zts of t@e arecz be.provided as determined by the PZanning Department. Application of ilacha Corp. for a Use Perplit to cols@ruct 84 apart-,,ent units on certain property located On of Ilirginia Beac!l Boulevard, beginning at a point 21:0 fL,,3t East of Cra-,iford Place, fom, re rlv Lakevic.,q Road, running a distance of 290 fect aloni the 'Iorth side of ilirgiria Beacil 6oule@-ard, r6.ining a distanc-. of 762 feet-',Ilo.,iq the Eastern pro,)erty li.9'2, runiiing a distance of 300 feet along t@,e @lort rn pro rt lie r)(! y line, running a di@tance of 610 feet along the Western property lin'e. (chesopeian Colony Area). LY,,"IHfi%'Eti BoRob'G,4. The Planning Co@-@T..iission recom,--nds approval of this request subject to City viater and se,./er and provided tlie site plan be revielled and approvcd by the Planning Departmen't, prior to the Building Pemit application being accep'L,,d. It is further required that adequate recreational facilities to serve the residents of the area be provided as determined by the Planning Departr..--nt. ITEM #2322 On motion by Mr. McCombs, seconded by Mr. Whitehurst, and by unanimous vote, City CounciZ authorized the C'ity 2vanager to execute certain agreements with respect to Green Run Corp. covering the maintenance of parking spaces. ITEM #232@ Senator E&oard T. Caton, III, appeared on behazf of the appzicant. On raotion by Mr. McCombs, seconded by Mr. Whitehurst, and by unan@mous vote, City CounciZ approved the proposed bus service on Atzantic Avenue extending to the miZitary reservations at Dxn Neck and Fort Story. ITEM #2324 At the request of the City Attorney. City CounciZ deferred action on the G.C.S. Company untiz Tune 22, 1970, regarding transi@er of certain property in the Lynnhaven Borough, City of Virginia Beach. ITEM #232.5 ChandZer Story Dennis appeared on behazf of his own appzication. On motion by 14r. CromweIZ, seconded bzl !.z,. kiazbon, and by unanimous vote, City CounciZ approved the foz@ing easement for sewer Zine lateraz. DEED, OF EASEMEINT THIS DEED OF EASEMENT, rnade y of May, 1970 by and between THE CITY OF VIRGINIA BEACH, a Municipal corporation, organized under the LaNvs of the State of Virginia, party of the first part, and CHAAIDLER STORY DE@NNIS, partv of the second part; 'WITNESSETH. WHEREAS, the party of the first part hereto is the owner of certain real estate located in the City of Virginia Beach, Virginia, and hereinafter more particularly dcscribed; and WHEREAS, the party of the second part hereto is presently contemplating construction of a house on real estate located on Vanderbilt Street, in the City of Virginia Beach, Virginia, which said lot adjoins the property of the party of the first par+ at its rear boundary line; and WHEREAS, tlie property of the arty'of the second part is not p large enough to locate a well and septic tank in accordance Nvith State Hcaiin Codes;and WHEREAS, the property belonging to the party of the first part is an alley way as sho-,vn on the hereinafter described plat, which alley way is not in use at the present time; and WHEREAS, the party of the first part hereto has consented and agreed to convey to the party of the second part an easement and right of way for use as a septic tank distribution field fifteen (15) feet wide inside and adjacent to the side line boundaries extended of the property belonging to the party of the second part as hereinafter more particularly described; and WHEREAS, the party of the second part hereto has agreed to restore the property of the party of t@first part to its original condition at no cost to th6 party of the first part hereunto after construction of the NSELL. 8UTLER aforesaid drain field has been completed; and in the event the City of & CAN4C)A TTOR.E@S AT LAI Virginia beach at any time iindertakes to improve said -RGI.I. BE.C.. V@. alley way the grantee hereunder' shall remove or relocate any pipes e int r- fering witli such construction at his own expense. NOW, THEREFORE, in considerati of an of the t)remises and the suill I Ten Dollars ($10. 00) cash in hand paid by the party of the second part to ine party of the fifst part, and other good and aluable considerations received whereof and hereby acknowledged, the partvy of the first part has bargained and sold aii,7 does hereby grant and ccnv@l, unto CIIANDLER STOF1,Y D,-NNIS, party of the second part, an easement and right of way for the construction, maintenance and repair of a sewage drainage field, said easement right of way to be across the fifteen (15) foot alley way inside and adjacent to tne side line boundaries' extended and to the rear of Lot 16 in Block 18 on the I-lat of Croatan Beach, made by William T. -,MacTvlillan, C. E. , July 4, 1949,! and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Map Book 24, page 37. This deed of easement is granted pursuant to Section 15. 1-892 of the Code of Virginia of 1950 as amended, WITNESS the following signatures and seals.) ATT T: CITY 0 - IRGINIA B By Ch nnis STATE OF VRRGINIA CITY OF VIRG@IA BEACH, to-wit: a Notary Public in and for the City and State aforesaid do certify that of the City of Virginia Beach, and of the City of Virginia Beach, respectively, whose names are signed to the ELL.SUTLER t &,, w CANADA foregoing deed of easement, dated th@ @f @ay of May, 1970, have this @@E@S T LAI EAC.. l@, day acknowledged the same before me in my City and State afores aid. GIVEN under my hand this day 1970. My commission expires-@'? Notary Public STATE OF VIRGINIA CITY CF VIRGFNTIA BEACH, @lo. w-.t: I, a Notary Public in and for the City and do hereby certify that Chandler Story Dennis, whose name is signed to the deed of easement above dated the day of May, 1970, has this day acknowledged the same before me this day o' 1970. My commission expires: GIVEN under rny hand this day o 1970. Mr. Owen Pickett appeared before City CounciZ with respect to a proposed amend- ment of the City Code relating to coin operated machines, extending time of operation of said r=chines to after 12 midnight untiz 1:00 a.m. in accordance With A.B.C. re-quzations. An ordinance-wiZZ presented at the next reguzar CounciZ meeting. -RTEM #2326 On motion by Mr. Ferrezz, seconded by Mr. Bonney, and by unanimous vote, City CO-ciZ. after considering the reco7mendations of the viewers, denied the street ozosure mattgr of Woodstock Road. On inotion by'z@z,. Si,@,ons, S,_-@ed by z.!r. l@'ars@aZZ, and by unanir,,ous vote, Ci* r p Council, after considering te reco@,en@tions of the viejers, app oved an ordinance vacalling a portion of Cape HenyV Drive (forrrerzy HozZy Avenue) in the Lynnhaven'Borough of the City of Virginia Beach, Virginia. AN ORDINANCE VACATING A PORTIOi4 OF CAPE HENRY DRIVE (formerly Holly Avenue) !N T-HE LY-',qNH-kVv-.N BO@DOUGII OF TVE CITY OF VIRGINIA BEACH, VIRGINIA WIIEREAS, S@l SAI\IDLER and ILUAY SANDLER filed a Petition with the Council for the City of Virginia Beach, Virginia, pursuant to the pro- visions of Section 15-766 of the Code of Virginia, as amended, expressing their desire to have vacated a portion of Cape Henry Drive@(formerly flolly Avenue); WHEREAS, a Board of Viewers were duly appointed, who reported in writing, recommending that said portion of Cape Henry Drive be closed; BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that tbe portion of Cape Henry Drive (formerly Holly Avenue), lying on the North and South side of a right-of-way designated N.S.R.R. Electric Division (now the property of the City of Virginia Beach) on the aforesaid plat and having a width of twenty-five (25) feet on each side of said right-of-way and bounded on the East by-the prolongation of a Southern extension of the Western right-of-way of Jett Street, and bounded on the West by a Southern extension of the prolongation of the dividing line between Lots 10 and 11, Block 5, Plat of Lynnhaven Shores. The Northern twenty-five foot strip is further described as being bounded on the North by the Southern lot lines of Block 5, Lynnhaven Shores, and on the South by the Northern right-of-way of N.S.R.R. Electric Division; the Southern twenty-five foot strip is further described as being bounded on the North by the Southern right-of- vay of the N.S.R.R. Electric Division and bounded on the South by the Northern boundary line of the property now or formerly belonging to the Lyr,.ii@naven Colony Corporation, on the Plat of "Lynnhaven Shores", said plat recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia, in Map Book 7 at Page 167;. be, and the same is, hereby vacated. ADOPTED by the Council of the City of Virginia Beach, Virginia, this 8th day of June 197b. ITEI,! @2328 On r-,otion by I,!r. I!arshaZZ, seconded by !@Ir. 1--'Ocombs, and by urani@,ous vote, City Council aut@arized the City I,!ana@er to e--ecute a Zease to amend szip-renta rat at the City llarina at Long Creek with t@e Ba@side Boat, Inc... z es ITEM #2329 On tnotion by lJr. Mai,shalZ, seconded by l@r. Bonneu @, -d by unanimous vote, Citu CounciZ set the date Tune 22, 1970, for a pubzie hearing on an amendnent to t@le Water Safety Ordinance to alzow City Manager to estabzish channez Zines. Yjr. Roger Scott introduced the members of the Virginia Beach llunicipal FezZows to the City Council and the pubzic, explaining their purpose. Mr. RonaZd Dorc,;@3ter, Coordinator of the V--rginia Beach llunicipal Fe@Z0,2- (BacheZor of Science Degree-Industriat Rezations, University of North CaroZina, Personnel Department) read the foZZowing @es of members who are working for the City: C'ynthia BaZZou, working on a BacheZor of Arts Degree in Poziticaz Science, 14ary Washington CoZzege, PZanning Department Linda Pays, De@ree in PoliticaZ Science. OZd Dominion University, City Manager's Office -Tohn Sasser, working on Degree in Psychology, OZd Do M*nion University, Finance Department .7ames WiZZi=s, Degree in PoZitical Science, otd Dominion University, GeneraL Services PauZ depiitt, working on 1,@faster's Degree in InternationaZ ReZations, University of North CaroZina, ReaZ Estate Assessor's Office Robert Slade, rising senior, working on Degree in IndustriaZ ReZations, and PoZitical Science, University of North CaroZina, PoZice Department. ITEI,f #2330 On ?notion by Mr. lIcCombs, seconded by Mr. MarshaZz, and by unanLTous vote. City Council approved the request for the City, as Zessee, to act and to give an easement to VEPCO for overhead and underground ezectric Zines to serve the new municipaZ goft course on Prosperity Road. ITEM- #2331 On motion by Mr. MarshaZZ, seconded by lir. Bonney, and by unanimous vote, City CounciZ appointedivr. CharZes C. Carrington, Director of City Pzanning, to the Southeastern Virginia PZanning District Connission #20 and aZZ of its approoriate sub-co=ittees, in the pzace of Mr. Patrick L. Standing, previouszy director. Mr. Roger Scott recognized @Ir. Carrin,7t,)- a-id -7eZcomed him to the staff as ",rector of Planning of the City PLanning Devartment. ITEM #2332 On motion by Mr. I,!arshaZZ, seconded by Mr. CropmeZZ, and by unanimous vote, City Council approved the request of lir. Sam C@, Library Director, with the concurrence and endorsement of the Virginia Beach. LibrayV Board, that the sum of ','20,000 be transferred from sazary accounts nos. 105,13@, and 170 to the book account no. 803. Mr. Roger Scott, rec@ized and wezccmed 14r. CZa@ to the staff as Library Director. -@'2313- On motion by 1,@'r. Si@ons, seconded by Mr. Tebauzt, ard by recorded vote as fozzows: Ayes: I-layor Frank A. Dusch, Vice Mayor Robert B. Cro.,@eZZ, Jr., AZbert L. Bonney, Sr., George P. FerreZZ, D. @rra,@ @.aZbon, Lawrence E. ?.-'arshaZZ, John W. P!cCorz'os, J. Curtis Payne, G. Dewey Si@,ons, Jr., EarZ M. TebauZt, and Kenneth N. Plhitehurst. Nays: None Absent: None City Council approved the request of 1.1r. E. E. BrickeZz, Superintendent of Schools, that the 1969-70 budget be increased by @81,471.00 in order that 25 school busses be dezivered prior to the opening of schools this faZZ. This wouzd be an advance against the 1970-71 budget which wouzd be reduced by an equaz onount. ITEM #2334 On motion by 14r. ParshaZZ, seconded by Mr. Bonney, and by recorded vote as fozzows: Ayes: Mayor Frank A. Dusch, Vice ?4ayor Robert B. CromweZZ, Jr., AZbert L. Bonney, Sr., George R. PerreZZ, D. @rray llazbon, Lcaorence E. MorshaZZ, John W. McCombs, .T. Curtis Payne, G. Dewey Simons, Jr., EarZ M. TebauZt, and Kenneth N. Whitehurst. Nays: None Absent: None City CounciZ approved an appropriation of $9@000 for a new traffic signaz to be instaZZed at Dorset Avenue and for Zeft turn Zanes to be instaZZed at the KEZZW Road intersection on Virginia Beach Boulevard. ITF?l #2335 On motion by Mr. McCombs, seconded by 2vr. Whitehurst, and by recorded vote as fozzows: Ayes: 2vayor Frank A. Dusch, Vice l@or Robert B. CrorweZZ, Tr., AZbert L. Bonney, Sr., George R. FerreZZ, D. @lurray iVaZbon, Lawrence E. ?4arshazz, Tohn W. McCorobs, J. Curtis Payne, G. Dewey Sirmons, Tr., EarZ M. Tebault, and Kenneth N. Vnitehurst. Nays: None Absent: None City CounciZ approved the amount of $21,000 as the City's share in constmction cost of Southern BouZevard through the Windsor Woods @division. -TTEM #2336 On ?wtion bu Mr. PerreZZ, seconded by Vr. MarshaZZ, and by unanimous vote, City CounciL or -iv?,' '- e following resozut@,on requ@sting the City of Plorfozk to,nake - h a connection and to furnish water through a proposed water system Zocated at I Northampton Assoc@ates in the City of Vi--,4'.n@la -each. A T!l@ CITY !,C,'@F-'ILK T:) A ',i@A-LE;@ T*@@'it"@@,,@@-f@ A L-,'AT-@.r-) AT CITY it i3 propk>sed by tlie City of Vir-illil D4aacll, Vir@,inia at t;lo request of ,;Ort'ianii;ton Associates to extond a prol)c)sc(i iiater tLaL-i in accordarzcr-, 14itli exisiin- contract betiiecil tiit3 Cify of Vir,;itiia Beacli and tlie City of ,orfolk froin a .12t' ine ori Shell Road all as doscribod on tli,3 plati cntitlel "-@Vater NTain andeasernent Pl.an for Nortliampton Associates 0 by Jolin i". Siriic aild Abaociates, Surveyors nnd zligincors. N!)'V, TIIL;%LF@;@i;, OL 1T tliat tlie City of ,orfolJc be azi,l it io licroby rocluest,-d t,) Lia,io a coz)llectiori of tle proi)oscd viator klaiii of said City a-@ t'lo said designation, aiid upon tlio co,,iplctit)ll of th(i liistallation of tlie prol)@ased ciain, to stilil)ly water to cotisurlers resid- ing tliercon, it bci"3 cxl)rersly uiiderstoo(I atict a@@reect tlat ttio rup')]@y- in,., og caid tiatcr by tlio City atiall bo L;pon and rubjoct to tiio foll,)win,@ tercis and condition6; 1. Tiiat tho said water main sliall be in@ialled iii accordariel) wi-k-li the specificatiolir@ of tlie-said City of '@'orfolk and to Clio satisfaction oC t),e Director o@ Fi@l)lic @Vor'--s of tlie said City, at no co!3t to the City of @;orfolk. 2. Tbat tbe wat-er so sl@pplied tliroli.@ii said @n to consurers stiall be at the sar@ ratt) now or liereafter c-liarged by t@le City of to consu@rs beyotid ttio limits of said City si--Iilarly situated. 3. Ihat all ordiiiances of the City of l.'orfolk and all rules and re_-Ulations of ti-c Division of '@'ater Supi)ly of the said r-ity, now or hercaftcr adopted and put in'to effect, relatin., to the furnish- in,-, of water sliall APP.LY to ttio aLii)plyin-, of wat--r ttiroLj--Ii tha said proposed "in. 4. Tliat the said City of Norfolk shall be LLndL-r tl,3 obli_@ation to furnish t2ore water than its distrib"tion Gystem as nuw laid, with the pressure carried, will d--Ii-,ter into 6aid @n, and ii tic said supplyin-- of wa@r shall not be in accordance witli the standard Service tlie said City of !@orfolk s'lall nut bo hold resporisible in any way. Tha-@ in suppi),in .-4 wat-,Cr to con@@iliners alon,- tll-- said proposed -'n t@c CitY Oe !@orrolk j).l &Upply the t;a:;*e or.,j-y froz its sLlr,31us supplys@@and 110 event sllnll there be aiiy oblit,,atiorl 0,1 t..Ilc part Of, the said City tO SL'PP'Y water tO az'Y col),-u@,orfj alorl- t@ p 0 'i @10 r 4josed ma-in at tiny ti@O 10 outicil of tlio said Cil.y ,* in t,'Io jud,@ unt OjC tj C oi l@@orfolk- tfi@ said Citv rliall not. liivo tA stiffj .,It Cit, within its corpor,'Itl@ limits, or wijenp-ver tliri supl-)Iyin-., of 5.tid wai,,or P-liall il)terfere witli tlie diseliari@o of tlic duty or ral(I City to f,,ul),ply water to its oiliti inliabitiiits. 6. Pro.,a and aft--r the installation of the iiater L,,nizis and hycirants tliey 6;iiall becobic tlie propertk- of- the City of Vir,-Piiiia 130.1c]l. T.%c City Of 'c--Ch chall t@ajit to tiio Ci,@y of. Norfollc. tlie riahr, to use sucli main.:3 tirid ljy(Irttits for tlie supply OE witer anl ftirtlicr G@rants tlie City of "orfollc roady ari(I rea,-oiiiible accosa to tliera. 7- That for ajiy firo iiyclrant in:3tallel at titi requotit or the City Of' Vir,,,iilia Beacli, a relital payi@-tit of Oiie Iltinctrud (@100.00) a year for eac;i hydrant E;.Ii.,ll be paid tc) tlio City of Icorfolic. !3Y C:ll;@ICTL of tlie City of Vir,,@iia BL@noll, Virz;ixlia tb.is day of ITEM. #2337 On motion by l@r. FerreZZ, seconded by and by unan-Lmous vote, City CounciZ approved the foZZowing resolution requestina the City of Norfozk to make a connection and to furnish water t.1/2rough a propose@ water system Zocated at Shores of Lake Smith, Badside Borough. "'I A T SHORES OF LAKE SMITH, BAYSIDE BOROUGH in TM- clu-@ or BELCvl, -a teach, Virginia, at IvMCPMS, 1 iz -D O@Ossd ],-.v t2,-a ci y of 'l,rgin4 the request of @l e ql@@Kg--T@o I 1- XP@ikt@-, @o ez--nd a proposed %,ater Tnain in accor@la--nce t.@e -he City of Virginia I @eac'q ard the --ity of -i@@ o@q_@o@ak@Sipi Ays in tl-.-a streets l@4-ste-@ as .@Ollcwsi r-ame of Size of Lineal No. of St.7reet Lake Smith Drive 4'. 486 6- 14 1 a I as de-zcz4-hed and shcTn on plan ite e@el .t Plan ho as p--3'0-red by .@ank D. @Cari:3, .'r. a d@A@ 6 herebv 11-0 a cc:,,r.@ect--'cn of the j- er -r-a ,ains 0-@ -i-,! -,@, @-14, 0.1 'nal-on, and unon .1 alia-ion Of 4-, to s"ID,@ly to -h2reon, it scly a-,Id agreed that the sucol,,inc, oj-: h-,' "l-' Ci'-Y c)f shall i@o uOOn 3nd tr, -lh-c E:r-d CC)nc7 t i ons Th -- t iri the C'Fic'@t"c)zls of th@, c a c to t-ne s a -1 j- y of the Of :)Ubli, -6 @-tisf ction l,lorks sa' C4tY, @lt '-,C) cos- t-- thr-, Ci-Ly of 2. That thL, x@,ater oo be at tlie zarce rate no- tO shall ei:Ftc, 0 e h r@l@d Ci t-Y Of- lo 0 k to -ty 3-irlits O' sa4d Ci L 3.- TI)-.t all o,,-ri,.naiices o.@c llhf., CI,L-Y Of i%'OrfOl'-, ane, all. rules and regulati-o@'is o-,' -the of of E!ai@d City, iio,.q or O_ @.le ShI 0 'ter ado,oted and Du:- into -f@4-2ct, t th apply to the su-o:.)Iy.-Lng of w@)ter thrc,-ocih the @.t4.d l@ioi-osed z- 4. -,hat the sa4-d C4,-y be un0cr Po cbligati-on to furnish rtiore th6n i@s la-*d, wi-h the pressure ca):rqej, wi-li !iis-.ns. a-.tad if the said @-Lpplving of ,7ater shall no'l- ]Dz- i-" @,;ith @he @ce, the saici City of ?jc)r@@ol.i@ 6-hall no@@ be h-@'-,,d a;-,,, ivay. 5. That iii to th.@ said pro@-@osed the city of t'r,@ oil--y Erori its OL--,)Ius ;2nd .1 that in no eierit shall any cn ti.i@ @art o@ Eaid C4ty to SUPP'-Y to Bv a'L E-in,l ti:7,e vihor@, i-n the judgeT,--n L 0 t'@- Co,,nc:il o!-7- thc-., C.@-v c@ t're sa-'d City shall not havf suffic4-nt @-up,@1-Y -Dr ri or i;-s @ibenever the s-,i@nlying o@@ G,'i-d t-7ate-- shal-l- of the du',y c-l@ said C;-tv -o to i-Is c-,.n 6. T]-,at froro, and after of ',h- mains and I - @, hydrap@ts they shall ',DC-corne p-.--o,,erl'y of City of V,.,-.-ginia E:2ach. The City of ilirginiz) gcac:l shall ar@nt to -Lhe Ci--y of th-- ric,'@t to use such and h@),draii,-s .-,)r ti@e o-r ai-. I -r ..,i flr-her 9-ants to thz, cilly o@@ k@'orfol"@ x-e@dv and acCeE3s to 7. That for any fire hyd---ant ins-,alled at the requ-ast o@@ i--he Citv o! Virginia Beach, a rental. DayTent of One -Ziun-l'.Ced @llazs vea- for each hydcant sha'-.l b-- !Daid to t',ie C4-lly o@' 'Torfol.k. ADOP-,'D BY TI-l-';, f t -Qinia -@each, Virginia this z; 7 o 1974 APPROVZD- ATTEST_v,@ On rrotion by..',Ir- Fer2eZZ, seccnded by l-arsha7,Z, 'and by -anirous vote, City CounciZ approved the @-OZZoj,'nO, resozz, -on requesting the C'ty Of liOrfOZ7' to P:ake ,is,1/2 a connection and t, furr -t@ Water t@rough a proposed water s stem Zocated at Pemb.rcke Cou-rt Aprt,,nt,3, ay @ y Section 2, B si e Brough. PEMBROKE COURT APARTMEN'-PS, SECTION T WO,-.BAYSIDE BOROUGH REAS, is pro cn5e d by C:-' O:C V4,9,. -li@, ii@a 31 irain4a, at th-, I:ea C V T,ri r -4ater ro.ain in Beach Cicy of V-,- of Litiea i l@o. of Strec'c ns Blackfriars Drive 81, 381 6 25 Edwardi@n Court 61, 187 4" 270 Barnaby Court 61, 293 4" 256 ,avoy Court 80. -1 470 4" 237 all as d@zcri-'Qed an,@ sho,,@n on Site Plan Pembroke Court Els pr2!pz?.-e @g@n@ern, da Frank D. F, herc-by 4 1)7ith the z) r c- c)z s@@ Y at '-!la slicl z3nd LT-- 1-i I _i-3 C4- cori@le-',-,"on ol- Z-- ply to coii2url@ars res:ie,-ng @,nd aoxi2e@, t5le-I thD aiid subjec@- to th8 ani i; That 'l-h.-a ,:@,,-*d watz?.r 'a insta@.ed in accor,2.-,nce vi@@tli tht,. S,.d 0- ard '-o -the @-3t:isfaction of @'he Direc'@-or of pu@ , : ollc '70r.<s O-C Said CitY, a- no cost to the Citv o@ Norfolk. 2. Th@'l- the v;atc,r so -',-hrou@,.Ii s-Zli-d i-,a-i.ns -lo consur,,,Drs s.-ha I 7 r c@z ,@ )De ,t thL, r, d b,? the Citir c)@ @Torfoli -C, tic li.,ils C:c E.Z:J,.@d c;-@y Si-iiii1a;:l@ 13@ E, d Ell 3: I 3. ThF2t -ill o-@ th@-, Citv of YOr.Eo- n ;3nd 2:C,JLII-itioil:3 of D i -,r 0 F a e -r- s,)id C@'l-y, o2: he.)--ea@-IL-or adOPte6 al@d -Du'- i,-kto n, OF @lz t-0 t @h-,Il app'Ly t., th-C 4. d Ci'-Y OF Fjo-c-ol'z sh@9!j. Er-- unOL@- ro to ftl):nish V,C)re @,S r. w pressure Carr;-ed, will d-@l;vez 4,@-0 szi.d said sul,,,,,.-Lyinc3 of shall rot L@ ii, a-.cc)-.-danc@ wit,, "he Ete;n@@,c@ servi-ce, the saici City O"@ L@@orfol-k sliall iio!-. -be hel-d i.,, E,,nv WLiv. 5. Tha',- in 1,7,7-e-C Lo Colisuni.ers alor@g tlie said prop@-sed @,iaiiis, the Ci-t3l c)f su@-,@ly the s@ine! on-@y f2:ori -*-Is Su'Dp---y, z:nj e that in no e-veiit Eihal3L '@ a,-.Y oi,- ',' 0 pirt o' S.,i- i-, I d Citi, to SUL)inly wate-r t,-) any coiisu:re--s a-l.-,,ng -Lhe at tim-- -,vhen, e C4 -in the judg,-z,-.@n of ti-@e Council c@ thp- C3,2 -.',y o:E rf 'the zaid Ci-@y shall -ot have ,@if 1; . 'I@- S.Llz,,-jy use wil,li"n il.:s cc)r,,@orz;te or Vi-ienever tllc s"'-:)Plyi -'g of sa"@d th-@ of the du,.*-y o--,- said C;-t-v @"O SV,'D?IY -,iater --,o @,l 6. Tha,@, froi, and the of I'li@- cts!P-ter and hydrants th@y shall 1D.Cop@rty o-l@ t'ne Cit'i Of Virgi-ri.@a Pzach. U'l,e Citli o@- Pea--'i shE,,Il to th@ Ci-,y of ror-@ol'K the right to use ,-,ch mainz and hv@ran@,-@ -'or the supply of 'gater, an-,' ft-,zther gran's to the Cilly o@, @;or:Eol.,@ ready 8nd reas.@rabl--- access 110 thei,.,. I 7. Vnat for any fi-@e hyd-ar,-L 4-nst@lled at @.he request of t'---- Ci-tv of Virginia Beach, a rental- payr.@rt o,' Or,@- T,u2ldred rO,Llazs ($100.00) a year for each hydran@, shall he paid to -lie City o@- ADOP-IED By T-,@@6 O@,, '@;---ginia Beach, Ilirginia this .25", of 19 17 1 -APPROVED. ATTESTE: cn be'razf oi@ t@e D--part,-.@r@-I o- inte2--or @y, t@e CO@troZ of,-Irafj@,,c ard use O' @.,d in the Federal Ga:7e ?eservation at -@ara-'oridge. A ccpy of his re-ort is on- file in the CZerk's Office. ITEi@f #2339 On motion by Ilr. IveCombs, seconded by A!r. l@arshaZZ, and by recorded vote as fozzows: Ayes: Mayor Frank A. Dusch, Vice Ila?or Robert B. CromweZZ@ Jr., Albert L. Bonney, Sr''_, George R. FerreZZ, D. @-furray I,,aZbon, Lawrence E. A!arshaZZ, John W. lvoCotrbs, J. Curtis Payne, G. Dewey Simpons, Jr., FarZ 14. TebauZt, and Kenneth N. Whitehz@i,st. Nays: None Absent: None City Counrit a-ppnved an appropriation of $2,475 for a new car for the Fire @.ief as his car was dc7oZished in an accident. ITEld #2340 On motion by Mr. Ferrell, seconded by ifr. l@arshaZZ, and by recorded vote as foZZOWS: Ayes: 14ayor Frank A. @ach, Vice A!a,@or Robert B. CromweIZ, Jr., AZbert L. Borney, Sr., George R. FerreZZ, D. @-rray @,laZbon, Lawrence E. YarshaZz, John W. IICCombsl J. Curtis Payne, G. Dewey Si@ons, Tr., EarZ V. TebauZt, and Kenneth N. Plhitehurst. Nczys: N6ne Aiesnt: None City CounciZ approved the appropriation of @6,405 j@or a hot asphalt storage tank. ITE14 #2341 On motion by Afr. MarshaZZ, seconded by lfr. @,,cCombs, and by recorded vote as fozzows: Ayes: Mayor Frank A. Dusch, Vice A!ayor Robert B. CmmweZZ, Tr., AZbert L. Bonney, Sr., George R. FerreZZ, D. llurray lfalbon, Lawrence E. A!arshaZZ, John W. McCombs ' .r.-Curtis Payne, G. Dewey Simons, Jr., EarZ M. TebauZt, and Kenneth N. Whitehurst. Nays: None Absent: None City CounciZ approved an appropriation of $16,800 as an increase'in the budget of the WeZfare Department for the fiscaz year 1969-70. It is anticipated that the funds wiZZ be recovered at a Zater date from the State and FederaZ Government. ITEM #2342 On motion by 14r. Simons, sec@ed by 14r. t@azbon, and by recorded vote as foZZows: Ayes: Mayor Frank A. Dusch, Vice Ilayor Robert B. CromweZZ, Jr., AZbert L. Bonney, Sr., George R. FerreZZ, D. I&rray ?4aZbon, Lawrence E. MarshaZZ, Jo,-@ l@,cC,,,nbs, .T. Curtis @ne, '7. Dewey Simnons, Jr., EarZ I,.f. TebauZt, and Kenneth N. whit,hurst. Nays: None Absent: None City CounciZ approved a,loan from the City to 5eatack V61unteer Fire Department for the pztrcha8e of a new sazvage truck not to exceed $12,000. On iwtion by Mr. 74drshaZZ, ieconded by Ilr. AlaZbon the meeting acuourned. RiAc tu CZerk Fraizk A. Dusch, 1.@dor Cit,u of Virginia Beach, Virginia