Loading...
HomeMy WebLinkAboutNOVEMBER 10, 1975MINUTES OF TilE HONOIL~BLE CIYY COUNCIL OF Tile CITY OF VIRGINIA BEACH, VIRGINIA November 10, 1975 The regular meeting of the Council of the City of Virginia Beach, Virginia, w~ held in the Council Chambers, in the Administration Building, in the Borough Princess Anne, on Monday, November 10, 1975, at 2:00 p.m. The invocation was given by the Reverend Robert L. Consolvo, Virginia Beach United Methodist Church, Virginia Beach, Virginia. Councilmen present: John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr. Mayor J.. Curtis Payne, and Patrick L. Standing. Councilmen absent: Vice Mayor George R. Ferrell, and Floyd E. Waterfield, Jr ITEM # 899 7 COUNCILMAN WATERFIELD ENTERED MEETING AT 2:10 p.m. On motion by Councilman Standing, seconded by Councilman Griffin, and by reco vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry bIcCoy, Jr. Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor George R. Ferrell City Council approved the minutes of the regular meeting of November 3, 1975, and dispensed with the reading of said minutes inasmuch as each Councilman ha. __a copy of the subject minutes before him. ITEM #8998 Mr. Robert L. Nusbaum, an Attorney representing J. W. Creech, a contractor wh. submitted a bid on the proposed Virginia Beach Correctional Center, appeared before City Council regarding the rejection of bids. Jo W. Creech had wh appeared to be the lowest bid of the alternate bids submitted; however, the f of W. M. Jordan had submitted the low base bid on the proposed structure. Bo the base bid and th~ alternate bid excee--~d the $5 million expenditure approv. by t e~-~ublic refer~ndum~ Mayor Payne requested the City Attorney to advise City Council as to its authority to reject any and all bids. The City Attorney indicated that as th. contract specifications contained a condition in which the City Council could reject any and all bids submitted~City Council had the right to reject the bi. submitted and order a rebid, which is the procedure City Council had pursued its regular meeting on November 3, 1975. No further action was taken on the presentation made by Mr. R. L. Nusbaum. ITEM # 8999 Petition of Faison-Croves fielding Company for a Chan£~e of _Zon.~t!% District Classification from R-8 Residential District .to I-1 Light Industrial Dist~-Jct on certain property located on the East side of Grayson Road beginning at a point 607 feet North of Bonney Road, running a distance of 477.&0 feet along the Sou~thern property line, running a distance of 205.10 feet in a North- easterly direction, running a distance of 126.16 feet in a Iiorthwesterly di- rection, running a distance of 519.69 feet along the Northern property line, and running a distance of 264 feet along the'Western property line of which 152 feet is the East side of Grayson Road. Said parcel contains 2.89 acres more or less. KE>~PSVILLE BOROUGH. Planning Commission Reconunendation: A motion ¥:as passed by tile Planning Commission by a recorded vote of 9 for the ruction and 1 abst~ntion to deny this request as it would permit the in- trusion of ind~grrial uses into a residential area. Senator A. Joseph Canada, Attorney, appeared before Council requesting a with- drawal of the Petition of Faison--Groves Holding Company. On motion by Councilman McCoy, seconded by Councilman Standing, and by recorded vote as follows: Ayes: Council. men John A. Baum, Robert H. Callis, Jr. , Robert B. Cromwell, Jr., Charles W. Gardner, John R. Griffin, Clarence A. Ho].].and, J. Henry 1,4cCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and F]oyd Eo Waterfield, Jr. Nays: None Absent: Vice Mayor George R..Ferrell City Council voted to permit withdrawal of the petition of Faison-Groves Holding C---~pany for a Change of Zoning District Classification from R-8 Residential I ~trict to I-1 Light Industrial District on certain property located on the ~ ~t side of Grayson Road beginning at a point 607 feet North of Bonney Road, running a distance of 477.40 feet along the Southern property line, running a distance of 205.10 feet in a Northeasterly direction, running a distance of 126.16 feet in a Northwesterly direction, running a distance of 519.69 feet along the Northern proper~y line, and runniog a distance of 264 feet along the Western property line of which 152 feet is the East side of Grayson Road. Said parcel contains 2.89 acres more or less. Kempsville Borough ITEM Petition of' Urban Sv:ztems Develor..me. nt Corl:oration for ~. Ci~anme of 7. onir, q Die* ' ..sifi~-' ~r~ct Cla~~(, Cie,'.', from B-1 Dusiness Residential Di%T~7fdT ~b- CoL,.,~m,~v [~.;s~n~ss ~ ,~,.~ ~ct on certain property ln~;,~.-d at.the l,o, ~h,,~st intersection of Proposed False Cape Parkway arm Atv:oodto',,,,n Road, runninfi a distance of 425 fe~t alone the Mrth side of Propnsed False Cane Parkway and runni,'-' . .,~, a distance oF 400 feet alonQ t~u .,~est si.ti? o? ~.v,~e .... ', ...... koa(,, running a distance o,~ 425 feet along the tlorti~ern p~':narty line and running a dio+ .... of 400 feet alonq the Western p-ooerty line Said ~)arcel contains 4 acres more or less. Plats with more detailed information are available in . the Department of Planning. (La,omar Area) PRINCESS PI anning Con:mi s~ion Reccmmendatien'~ A motion ,,,:as passed unanimously by tile Plar.,ning Commission.by a recorded w~te of 10 to approve this request. For the information of the applicant, prior to tile issuanc,e of a building per- mit the following will be required by the administrative staff' 1. City water and sewer. 2. Standard site improvements as remuired by the Site Plan Ordinance and the Subdivision Ordinance, including the following: a. Reservatien of approxim3tely 35 acres of reCreation/open space in addition to the golf course which will be reouired upon site plan/subdivision revi e~,~. b~ Atwoodtov,'n Road is to be extended to the north with a bridge over the canal to tie into False Cape Parkway. :: c.. Collector or loop. ro~¢ls within the development shall be a minimu~l~ of a 60 foot right of way, with 36 feet curb-to-curl) road sections. d. The ro~td extendii:ci norLh from Fai~e Ca!.:e. Park;zay alon(~ the .' ' shopping'center sh-:~.il be,. a r,i~i~)imu.~' of an~,~.°Q' foot rig!~t 'of way to t"~" ,~ · l,~er, ula)!co to the to'-,tn':'!(.,'~ses with a fOL!r' lane read,,,.,ay constructed ',,,'ithi[1 the LbO foot' right of e. A 150 feet, drainage easement ',,;ill be re::!uired along the canal. ~"-*~-,' st~.i:ed 'that tke rezonir.:c ba cona~g'lc;nal upon a bond bc~ir;c, posted ~,v tha de.,.:e'ic,',<.~r m*ior to ;,ny construct'~on ~,~ Ld:1OUilt to b,L-' d~'~ .... by the Cit.,...' of Virginia Beach, until such time as the riqhts of ways are tain.::.d and False Cakp Park~,:ay cons~ructeJ to p"ovide adequate access to this project. Further.. this ordin;~r;c~_ . shall be effective, uuon. satisfactory compliance to tn~" ~ conditior,~_'imposed in the motion, and it is uncl~r~.~.~d' ~ ~""" and ag)'eed te by the applicant that the official change on the zoning maps will not be ~:~ m,,c,~ unt~ 1 the following conditiOns are satisfied: 1 A dedi ~'- ,ee. on each s~oe of the pre, r;~'sed . c~.~ion of right of way 55 ~' ~ '' centerl~ne of False Ca?.? Pa"" '-. .... ,, . r ~-.',,,...v along the .~..2.% foot fron'~age along ~is · right of way (a IlO-foot' dedication). .,...~c~ of right of wav 30 feet on 5ach side of the centerline of the exis~il~g 30 .. ' T~:,)L riel-*' o-F way on Att,,'oodto',,m ~o~d nor',.h o, ~t,e entrance of 40 fe~t on each, side of the centerline of tl~e existing 30 foo'~ ri,:'.~.,t of way ~n At',.,'oodtown Road south of the entrance to the tc,,,n'~houses and extc~:;ling to False Cape i~.l=kway (totaling =r , · ;~y feet of additional Mr'. Walter J. Monahan appeared before Council representing the petitioner ~.tr. Thomas C. Broyles, Attorney, appeared in favor of the petition The following appeared in opposition: Mr Edward ~{udgins, Attorney ; Mr. Allan W. Fulmer ~ ; Mr. M. E. Bowerman On motion by Eouncilman Standing, seconded by Councilman Gardner, and by re- corded vote as follows: ..~ "-es: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., arles W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, jr. Nays: None Absent: Vice Mayor George R. Ferrell City Council voted to deny the above petition of Urban Systems Development Corporation for a Cttange of Zoning District Classification frown B-1 Business Residen'tial District to B-2 Community Business District on certain property located at the Northwest intersection of Proposed False Cape Parkway and Atwoodtewn Road, running a distance of 425 feet along the North side of Proposed False Cape Parkway and running a distance of 400 feet along the West side of Atwoodtown Road, runr~ing a distance of 425 feet along the Nortl~ern prpperty line and running a distance of 400 feet along the Western property lineo Said parcel contains 4 acres more or less. Plats with more detailed information are available in the Department of Planning. (Lagomar Area). Princess Anne Borough ITEM #9001 Petition, cf Urban Systc=:s DeveloD,;,~nt, , ~' .-~' - Corneration for a Chano, e .of .......... 7enin~. District CI~~ ~-'-'' ' ' ~, ~,~c~ti~n from R-4 ~.es~dent'ial District ~to ~-2 CoF:,;~u',~i~'', Businass bis~ri;t on certain F, ropert$' locat/}cl en the ~.~orth side o'F Promosed False Cape Park',.,'ny beginning at a point 425 fcet r~t.3re or less West of Road and ruF~ning a distance of 850 feet along the Sout~-,trn proF,;-~rty line Of which, ~;.~5 ,~cL is the I:orth side of ,ropos~d False Cap~? Park,...,ay, running a distance of 550 feet along tt~e "~+~ ~,~=~=rn proper~y line, running a distance of 15C0 feet'more or less along the :~orLher~, property line and running, a distance of 400 feet along the Eastern proper'tv line. Said parcel contains 9 acres. Plats with more d =~ , ~' e bc~ i 1 em i nfo '~ '~ ' r.,~.a~on are available in the Department of Planr~ing. (Lagomar ~, ' "'~ z, ~). PRILCESS A~J'~ BOROUGH. PI anning Commi ssi on Recommendation: A motion wa's passed unanimously by the Planning Commission by a recorded vote of 10 to approve thi s, request. For the inforr,.mtion of the applicant, prior to the issuance of a building per- mit the following will be required by the administrative staff: 1. City water and sewer. 2. Standard site imj,ro\;ements as required by tile Site Plan Ordinance and the Subdivision Ordinance, including the following' ac Reservation of approximately 35 acres of recreation/open space ---in addition to the golf course which wilt be reqL!ir~.~d upon site plan/subdivision review. b. Atwoodtown Road is to be extended to the north with .~ b'cidge over the canal to tie 'into False Cage Parkway. c. Collector' or loop roads within the develoi'm~ent shall be a minimum of a 60 foot right: of way, with 36 feet.curb-to-curb re, ad sections. d 'The r(,~d eXiel;~!inq nor;;h frnm I-'aln,". C~'.p,', Part.'.',qv alonq the to tl~e ta',/n!',x~uscs with a four lane roadway cons~rucJ:ed wi~' "n the 80" '~ rigl~t of w~y. · e. A 1~ . .~,, fo~L drainage e~scment will b~ requircd along th~ cabal The motion further st~ted .... that ~'ho r~zor, ing be condi~''~lo,,al~'' uteri, a bo~d being posted by ~he dc?:~!oper prior to any c. on~truct'irm, the ~,,ount to be (~,',,~:~.~ ,ned by ti~e CiLy of ',."irginia Be;*ch, until such t'~me as-the riahts of wav~ are rained and False 'CaFe Park,,.,'ay c~ns~r~c~eJ to provirl-adequa'ce ~Ccess ~o th~s project.. Further, this ordinance shall be effective upon s.;.tisfa, ctor.v compliance to the COlldl~lons imposed in the i;:ot~on, and it is under:.;[:ood ' ~-' ~,,~ :"re:d to bv the applicant that the official change on the zoning maps will. not be made until the followi~g conditions are sa'Lisfied: 1 A dedication of right of way ~5 = ~ · ,e~t on each side of ',.;i~? proposed centerline of False CaL,,] P~,rkway alor~fi the 425 foot frontage along th~s right of way (a liO-~oo~ d--'~ '~ . 2. A dedication -)f rinht of way 30 feet on each side of the centeriine of the cxisting 30 'Foot rigJ~t of way on Atwoodtown Road north of the entrance ,~uus=~ (totatinq 30 fac~- o'F ac~.:iitional de.dicatie'~) ~'.'~d a ded'~catio~l of ~0 feet on each side of ..... , ~= centerline of 'the exist~nq, . .,.J~" f[:~'~.:: riql~t, oF way Fal.se Cape P~,rkway (totaling 50 feet of additional dedication).' ~ollow~ ~ppe~ed ~ ~vor o~ t~e above ~et~t~on: Mr. Walter J. ~{onahan Mr. ~.hom~.s C Broy.l. es, Attorney Mr. Doug:.as Talbot, Talbot-Wermers Associates The following appeared in opposition: Mr~ Edward Hudgins, Attorney Mr. Alan W. Fulmer '-- Mr. M. E. Bowerman O motion by Councilman Standing, seconded by Councilman Gardner, and by recorde~ vote as follows: Ayes: Councilmen John A. Baum, Robert H. Ca] lis, Jr., Robert B. Cromwell, Jr., Charles W. G~rdner, John R. Griffin, Clarenc(; A. Holland, J~ Henry ~cCoy, Jr. Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice ~Iayor George R. Ferrell City Counc.il voted to deny the above petition of Urban Systems Development Corporation for a Change of Zoning District Classification from R-4 Residential District to B-2 Commun±ty Business District on certain property located on the North side of Proposed False Cape Parkway beginning at a point 425 feet more or less West of Atwoodtown Road and running a distance of 850 feet along the Southern property line of which 425 feet is the North side of Proposed False Cape Parkway, running a distance of 850 feet alo,ng the Western property line, running a distance of 1500 feet more or less along the Northern property line and running a distance of 4.00 feet along the Eastern property line. Said parcel contains 9 acres. (La,omar Area). Princess Anne. Bnrough ITEM #9002 Petition of' Urban Systcnls Dr-,,elopmel!t Core, oration for a Ct,~l~c,~. of 7.onin~ Distric,~ Classif'ication from R-4 Residential District to R-9 Resi'a~'~i~T~.~iT61'T~Ts~'~iZ~]-"{~ on certain pro~srty loca~..d on the West side of Atwoodtown Ro~d beginning ~,u a point 400.feet ~':orth of Proposed Falfiq Cape Parkway, running a distance of 2700 feet more er less along t. rl~ Eastern ;.:-r~perty li~e, funninQ a distance of 1500 feet more or le~ alonm., the ~k~rth[~rn [,,,~;'.~'.',"~"" line, runnin!i a distance of 1750 feet more or less along t}]e Western property line and running a distance of 90~ f~et more or le~s along d,~ Southern property line, Said [:.'~rcel [:..'-::. :". .~:" from 27 acres). Plats with more detailed inforr:~'.'~':,n arc av~';iable in the Depart- . ?A,,~ BOROLIGH. merit of Planning. (Lago:~,ar Area) PRINCESS "'* Planning Commission Recommendation: A motion was passed, unanimously by the Planning Commission 'by 6 recorded vote of l0 to approve this request. For the information of the applicant, prior to the issuance of a building per- mit the following will be required by the administrative staff: 1. City water an(] sewer, 2. Standard site improvements as reo. uired by the Site Plan Ordinance and the Subdivision Ordinance, including the following: a. Reservation of approximately 35 acres of recreation/ouen space in addition to the golf course which will be required upon site plan/subdivision review~ b~ Atwoodtown Road is to be extended to the north with a bridge over the canal to tie into False Cape Parkway. c. ~Collector or loop roads within the development shall be a minimum of a 60 foot right of way, with 36 feet curb-to-curb road sections. d. The road c.~+-'~n~,~ north froFq Fal~.... Crne Pari~ay. alonfi Lhu shoppinq ce~ter ..... , ..... ~ ~ _,.~rance to the townhoUSeS with a four lane readw~:.y constructed within the 8[~ 'Foot right of.way.. · · -e A 150 ~, F.~ot drainag:~ ea:~"f~-~ will be required al3ng the ca.,~,l The motion further stnted that the rezoning be conditional u?n a bo'nd bei'nzI postc:d by ti;e dev'?'io!:er prior to any coRstruction, the ai.:ount to Le by the City of Virginia ~6aci~, until such time as th~ rights of ways are rained and False'Ca? Parkway cons'Lruf:ted to provide adeciuate access to this project. Further, this ordim~nce shall be effective upon satisfactory comDlixnce to conditions imposed in the mot-~on, and it is ur..derstnod and agrucd to by the applicant chat the o-Fficial c~cnge on the zonin~ m',gs will not be made until the follewing conditions are sati.sfied: 1. A dedication of ricq~t of way 30 feet on each side of the centerlin~-, of the existing 3f)Foot right of way on Atwoodto'.~n Roe. d north o~~ the ~ntranc~- ~=,_.~ of ~ualu~onal ,'~edicati,'~n) a,';d a dedicatlon to the townhouses (totali~g 30 =~.~ ....... .,.' .... - of 40 feet on each s~de of th~ ~=,~e, line of the existing 30, foot r'~..~n~ of way on A~,,o~ ,. town Road sc:~.,ti~ of ~he en~r,~nce to the town ~ n.,L:ses and extendin3 to False Catpe Parkway (t,.:,~aline 50 feet of additional ,~ .... ' ..... ' " ' '" ' ~' ~' ' ~ I ~. - ! The.following appeared in -~avor of the above petition: Mr. Walter J. Monah~n Mr. Thomas C. Broyles, Attorney Mr. Douglas Talbot, Talbot-Wermers Associates The following appeared in opposition: Mr. Edward Hudgins, Attorney Mr. Alan W. Fulmer Mr. M. E. Bowerman On motion by Councilman Standing, seconded by Councilman Gardner, and by recorded ~--;e as follows: $~ ;s: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., URarles ~. Gardner, John R. Griffin, Clarence A. Holland, J. Henry b~cCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, ~nd Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor George R. Ferrell City Council voted to deny the above petition 'of Urban Systems Development Corporation for a Chan.ge of Zoning District Classification from R-4 Residential District to R-9 Residel~tial Townhouse District on certain property located on the West side of Atwoodtown Road beginning at a point 400~feet North of Proposed False Cape Parkway, running a distance of 2700 feet more or less along the Eastern property line, running a distance of 1500 feet more or less along the Northern property line, running a distance of 1750 feet more or less along the Western property line and running a distance of 900 feet more or less along the Southern property line. Said parcel contains 52 acres. (modified from 27 acres). Plats with more detailed information are available in the Department of Planning. (Lagomar Area). Princess Anne Borough ITEM #9003 t'etition of Ur~,,an q,,~f~,~'Develn,':~,o~' Corporation for a Ch?rifle of Zonin~ I~i~tr~~ Cla. s~ific~i;ion frem R-4 Resideatial District to R-5 Residan'~ial Ois~ric~ on certain ~)rcuer'Cy ben, inning at a point 850 feet West of ?,t ..... o.~,~,n ~oad, runn ' a distance ~' fee ,, the . , ~c,=,~:.64 t alon~ ~,~orth side of Proposed False Cape Farkway running a distance of 23~0 feet ~,.ore o'= ~.~ss alone' th~ ~.fe[.tern pronerty line, run?~ing a-dis~an',:~ of 2].00 feet morn or less aloz~,g ~1,.= Uorthern pro-~rtv line and running, a distaJ:c~> of 2~:~u feet more ~:,r less along.thc ~=~'~,~ ~'.'. ~.~ty line, Said pot~_l contains 149 acres (modified from 1~7 ~.~:'~.~:;;. i:....',-' '."~=-~ :~ore ~=~ information are available in the Dcpart~ent of F'~anning. (La~omar Area). PRIi~CESS A~;E ~OROUGH. , Planning Commission Recom~:.~endation: A.motion was passed unanir~ously by the Planning Commission by a recorded vo~e of l0 to approve this 'request. , For the information ~'f the applicant, prior to the issuance of a building per- mit the following will be required by t};e administrative staff: 1. City w~:~ter and sewer.. 2. Standard site in~provements as required by the Site Plan Ordinance and the Subdivision Ordinance, including the following: , a. Reservation of aoproximately 35 acres of recreation/open space in addition to, ti~e golf course which will be }e,~Ul~ ,.d uF, O;l site ~>lan/subdivisio~- 'ev i ew. b. Atwoodtown Road is to be extended to the north with a bridge over the canal to tie into False Cape Parkway. c. Collector or loop roads within the development shall be a minimum of a 60 foot right of wa, y, with 36. feet c,rb-to-curb road sections. DOS~uu .......... rained al'Kt False r.pe Par' ' con project. ' e~fec,..]ve upon satisfactory ce'~']o!i~,nce to the Further, this ormi~ance sh~ll be ~ ~" . . . co,~d'i~ions imeo~.~d in the m:~'L'~on, .and it is u[~dc.~':~tood and a(~reed to by a~pl'~car~i, that i:~= off~cia~ cr.~-'.~:g~ on tke zoning ~,:a[~s will noI: be l~iade ur~til 1 A dedi ~ . c,~ic.n of rigSt of way 30 feet on each side of the centerline of the "' ~ -,~; e.,.lstinq 30 :-c. ot ric~ht of ~,=',' on A'b..:ood!:own Road north of the ent ..... ce tot~e~'~ tm.,~Pouses (.,-~*::.linq..~ . ~.qn feet of additie~al c;e:~-~cation)'" ar, d a dedication of F. 0. feet on each side,_ of ~t~e ce,'~e~line" of tile existenceS" . 30 foo~" right of False Car~e [>ark'.,~'ay (totaling..c0 feet of additional (,~m'"'~,co~'on). ' 2. A d~',dic:~ti[,~_ of rig~,~."'~ of way c~:~., =,e~:~.'= on each side ~f the pre, posed centerlin~: oF Fal::e C~'~,~_. Parkway [~lo~m.. the 2342 -Foot frontage along this righ'C ot ~lay (a ltO-foot dedica~ion)~ The foZlowi~g appeared in favor of the above petition: Mr. Walter J. Monahan Mr. Thomas C. Broyles, Attorney ~Mr. Douglas Talbot, Talb'ot-Wermers Associates T_..he feZlowing appeared in opposition: Mr. Ed~vard Huddle_s, Attorney Mr. AZan W. Fu].mer Mr. ~o ~. Bowerm~n On motion by Councilman Standing, seconded by Councilman Gardner, and by record, vote as follo~,~s: Ayes: Councilmen John Ao Baum~ Robert H. Callis, Jr., Robert B. Cromwell, Jr., Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr. Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor George R. Ferrell City Council voted to deny the above petition of Urban 'Systems Development Corporation for a Change of Zoning District Classification from R-4 Residential District to R-5 Re's'i'den~'ial' District on certain property beginning at a point 850 feet West of Atwoodtown Road, running a distance of 2342°64 feet along the Norths.ide of Proposed False Cape Park~ay, running a distance of 2300 .feet more less ai[ong the Western property !ine~ running a distance of 2100 feet more or less aZong the Northern prmperty line and running a distance o£ 2950 feet more or less along the Ea::tern property line. Said parcel contains 149 acres (modif: f~ 187 acres). Plats with more detailed information are available i~ the D ~rtment of Pl a.nning~ (Lagomar Area). Princess Anne Bor~'ug~ ITEM t/9004 Petit'ii. rI o',-' Urn:an Svstr-,,s [!ew.qopm,::nt Corooratio. n for a Ct~pqe of Zo,~in~ District ~ - Le~,~nt~l District to R-5 Reslm~i~l~]l D~s.rlC~ on Clas~;ificati~)n Tre~, R 4 ~ ~''F~' "- '" ' '-='"""' ...... ?~'"-'~":~ ........... ~c~i~h':~[~;~:l.y L. egin~ing at a point 700 fe~t mor~: or less South of Proposed False Cape Parkway,. a~d running, a disi:ance of .,..~F'q, .f..,-t more. or less alo'~cJ, the ~..~ .... ~ runninq ~ dist.::r:..::t ~'F 2?':: :' L more o~' lef:s alc, n9 West side of At,,codto.,, Ro~':d, . ...... '.'. the Southern pFnt ~',- - ..... . _,)c, ty line and rur,!ir~r~ a discanc the Westcr'~ proper~y line. Said parcel contains 15q.1 acres (mcJified fret': 153.9 acres). Plats with more detailed information are available in the Det)arcm~t,t of Planning. (Lagomar Area). PRINCESS Planning Commission Rccon,mendation: : A motion was ~a~sr'cl unanimously by the Planni'~g Commission by a recorded vote of lO to approve this request. For the information of the applicant, prior to the issuance of a building per- mit the following will be required by the ad.ninistrative staff: l~ City water and- sewer. 2~ Standard site improvements as required by the Site Plan Ordinance and the Subdivision Ordinance, including the following: ap Reservation of approximately 35 acre~ of recreation/open space in addition to the golf course which will be required upon site plan/subdivision review~ b. Atwoodtown Road is to be extended to the north wit~ a bridge over the'canal to tie inL,~ False Cape Parkwa.V~ c. Collector or loop roa~]s within the development shall be amir, imum of a 60 foot right of way, with 36 feet curb-to-curb road sections. d The roa(~ e..,t,~r,(~)~) nr]rth from False Cape Parl:v'a.v alone t~e ~ ~ ..... ':r shall be a m.~i'l'~?cm (;f a,', EO foot ri¢~h~ of ~.,~,, to th~ entrance right of way,. .' .. e~ A lC~.~ foot drainage easement will be requi~'~..~-' along the cam'.l. TY.e motion further stated that the r.:.,'.ening be cc~:'~ditiona! uoc, n a bond L, einq pc, st~(! by ti:~ d/..v~..lc, per prior t:o any co:~str~ct'ici'~, tile amo.,_int to be determined by the Ci!:y of Virtiinia ~ea._:!~, until s~.:ch time as the ri.fi:ts of t~i,'ed ~:n.d Faise'CaD~.'-. Pa~'i.'..'~,,.. ...... ., consu,,,~- ed to F~rev'ide adequate access to ~'uh-'S, pro,j c,:: t. Further, tl~is erd lnance shall, be effective upon sati sf,~ci:ory co;re)liar, ce te the . conditie:~s-ii:'.!:c~:~.:l in the rotien, and it is unc'.ers['oo.d and a~.:reed to by tl~e aPl~licani: th.:i: th:: official ch~;noe on th~ zoning r,~ps will not be made until the following conditions are satisfied: 1. A c~edic:a( ion. of right of way 30 feet on each sic!L~ of the ccnterline of the .¥"° ' 30 f,.,~t ri!ih[ of v'ay along the 3200 foot fron~' ~ "' e.., ~t~ ng cag~ on At',.'ooo Road (a 30-foot dc~ii(:ation). ' ~o red in favor of the above petition: The followz~ appea Mr~ Walter J. Monahan Mr. Thomas C. Broyles, Attorney ~4r. Douglas Talbot, Talbot-Wermers Associates The following appeared in opposition: blr. Edward ttudgins, Attorney l~lr. Alan W. Fulmer Mr. M. E. Bowerman On motion by Councilman Standing, seconded by Councilman Gardner, and by recorded v~.e as follows: J ~s: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry HcCoy, Jr. · Patrick L. Standing, and Floyd E. Waterfield, Jr. Mayor J Curtis Payne, Nays: None Absent: Vice Mayor George R. Ferrell City Council voted to deny the above petition of Urban Systems Development Corporation for a Change of Zoning District Classification from R-4 Residential District to R-5 Resi~n~ial District on certain property beginning at a point 700 feet more or less Sou~h of Proposed False Cape Parkway, and running a distance of 3200 feet more or less along the ;Vest side of Atwoodtown Road, running a distance of 2230 feet more or less along the Southern property line and running a distance of 24S0 feet more or less along the Western property line. Said parcel contains 154.1 acres (modified from 153.9 acres). Plats with more detailed information are available in the Department of Planning. (Lagomar Area) Princess Anne Borough. ITEM #9005 o..,:~.n,. Corporation for a Chance of Zap'inn ni-~h Cla~fic:~tir,,~ from a_9 Colnmunitv ~usiness District to P '~ Residential Distr~c~; .... ~ '~' .~ ,e.:~ South:]::st of [ntrada Drive,. o~-~]i'-,.~.E~ p~o?;:-rty be[l'innin9 ,~. a ~]ai,',';' 679.64 '~ r~ runnir'?7 a.d'is':ce;,ce of 1150 fact alon~] the Southern rn'ol,erU/ line of which 950 feet is the",,~,'""~h side o'[ q' ,-~' .... i:5::.:2 '2oad runninq ~ ~'~" ...... ~a,,u~, , , ,,., e of 670 fact or lass alcnn the F~s-;:orn [,ro,'~erty line, -,,,,n4,m a distance of I~'n f6:.:~ or less along ~',~, L_mchern o~ .... :~ ~.~ line s . ~.,,: 'c ' - ,-o,,,.:~"y nd runnir~g a distance of gO0 fee's, along ttie Western property line. Said parcel contains 15 acres O:~odified from 27.3 acres). Plats x.:ith i}mre dcLaiicd ihfcrlxation are available in the Department of Planning. (Lafi.a:~mr A~'ea), PRI~CESS~,,.,,,,_'~'"'~ uORu~GH' ~n,~ . Planning Co:;~:;ission Recomme,mac]on: A motion ~,.,as passed unanimously by the Planning commission.'by a recorded vote of l0 to agprove this request. For the information of the applicant, .prior to the isst.'nnce of a building per- mit the-following will be required by the adininis%ra-Live staff: !. City water and sewer.. 2. S%andard site ir:~provements as required by the Site Plan Ordinance and the Subdivision Ordinance, including the follo',.,,ing: a. R~%e-vation of approximately 35 acres o'F recreation/open space ~n '~ . aoo~tio~ to the qolf course which will be required upon site plan/subdivision review. b. Ai;woodtovm Road is to be extended to the north with a bridge over the canal to tie into F~lse Cape Parkway. c. - Collector or loo,, roads witi]in the development shall be a minimum of a 60 foot right oF way, with 36 feet curb-to-curb road sections. d. Th~: re,:,c! t, L~'l'.,:,it~q ll.()rih fFO!',l F fi 'l q ..':', C ..... · t",.~ al ('~nr~ the 'to ,.~e . ....... ,.._.::cs w'i'i:~, a fotlr lone roo:i',,.'~.:y consl:ructed within '.~-,~.,,,~ 80 i'oot. eo A 150 foot drs. incge ease~¢cnt wi'Ii be reeuired along Lh~ Tho I~lotioF, further st~:i:~_:.4 ti:at the rezoninfl be co:~.ditional unen a bend being posteJ by 't:he dovei~i':er !,riot to any co',~structir~:':, the ar:lount to be dF~term, ined by ti~-.$ Ci;:y of V!rgi~ia ['.~:~,ch, until s.i:,.:~ til~e as the ri~.i~ts of' ways are 'ot:;- rained and False Cape P~.~)"k',.,'ay col~structc-d to provide adeq'..:atc access to this project. Further, this erdin~.r, ce sh?,!l be effective upon satisfactory complianc~ to the con.,~.~ons i~p.:);~:d 'in th'_. n;ot~o~, and it is u~',ders'Lood and agreed to by th~ al:,piicant that tl~e official,.,.~,,:,~,;,,-~ on the zoning ni~ps will n~t bc 'm~,~e"" un~il the following coi;ditions are satisfied: 1. A dr_,..dicatio,~ of right: of w.? 30 feet from the ce-~terline of the existing 30 foot rioh~ of ~.,.'ay along the 950 foot frontage on Sandbridge Road (a 15-foot dedication). Th~ following appeared in favor of the petition: Mr~ Walter J. Monahan ~r. Thomas C. Broyles, Attorney Mr. Douglas Talbot, Talbot-Wermers Associates the following appeared in opposition: Mr. Edward Hudgins~ Attorney Mr..Alan !.*i. Fulmer Mr. M,, E o Bowerman In motion by Councilman Standing, seconded by Councilman Gardner, and by recorded 'ore as follows: .yes__: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., h~ [es W. Gardner, John R~ Griffin, Clarence A. Holland, J. Henry 14cCoy, Jr. a~ ~ J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr. ays: None bsent: Vice Mayor George R. Ferrell ity Council voted to deny the above petition of Urban Systems Development )rporatJ. on for a Change of Zon.ing District Classification from B-2 Community ]siness District to R-4 Reside~tial Dis'trict on certain property beginning at point 679.64 feet Southeast df F_.ntrada Drive, running a distance of 1150 feet .ong the Soutb_ern property line of which 950 feet is the North side of Sand- ridge Road, running a distance of 670 feet more or less along the Eastern 'operty line, running a distance of 1380 feet more or less along the Northern 'operty line and running a distance of 600 feet along the Western' property ne. Said parcel contains 16 acres (modified from 27.3 acres). Plats with re detailed information are available in the Department of Planning. (Lagomar ea). Princess Anne Borough. ITEM #9006 Petition oF' Uriah Syste:~ D~,~.lopm~,t Corpora ti r~n for a C.h-,-,-o of Zonin~ Oi~::r;c . · R-,~ P,c,,.¢._t,~;lal ~l_,c;lC; Cl,:ssiF~ca!:~en fr[:~,~ ~-2 Co~nunity [2~siness District to '?-- 4~-:-{~,-'.' ' '~.~' -~egii~l~'~-fi'~l-~-~- p~int 1629.6,; feet Southeast of Entrada Drive, running a distance of 670 lc:et along the Iqcstern pror,~rty line, running5 a dista~ce of riO0 feet roi;er': line, ~unning a distance of 69~i ':~- the ~';orthern p . y . . ....... ...... ,e.~. along the Set [bern prcr;~rtv line property l'~ne and running a dis~:nce of 820 '* ~' . whi,-:' is tl;e" ..... h side of Sa, ndbrid~e Road Said parcel ce.ntains 11 3 Pla;s witl; more detailed informa'~ion are available in the Department of Planning. (Lagomar Area). PRIrqCESS AI'i~:E BOROUGtt. .~ Planning Con, mission Recommendation: , A motion was passed unanin:ously by the Planning Commission by a recorded vote of lO to approve this request. For the information of the applicant, prior to the issuance of a building per- mit the f'ollov~ing w{ll be required by the administrative staff: 1. City water and sewer. 2. Standard site in}p~-ovements as required by the Site Plan Ordinance and the Subdivision Ordinance, including the follm:in9: a. Reservation of approximately 35 acres of recreation/onen sp~ace in addition to the golf course ',.;hich will be required upon site plan/sub, division review. 'b. Atwoodto,,.~n Road is to be extended to the north with a bridge over the canal to tie into False Cape Parkway. c. Collector or loop roads ~.tithin the development shall be a minimum of a 60 foot right of way, with 36 feet curb-to-curb road sections. d. ~he road expounding north from False Cape Parkway alonr~, the . ~ ' ' ' r~on~ oF ~.:av to the entrance shoppin[, center sha~.l be a m'~m::;~ of an ~0 foot ' '~ . . to th., to',..'n)?,uses t?iCh a four lane roa(~v~.y con~,.ruct~ ~vithin the 80 foot g,:(. of way. e. A 150 foot drainage easement will be required along the canal. The motion furti~eJ~ s,., ~.~.d 'that the rezoni,~,~ be condition.~l ,~,~nn a bond b= posted by the develo):~" prior to any c:nstrt:ation, the a?'ount to be deter;-ni~ed td~n~-,:~ a)rd False Ca,,)_;~ Park~,~ay constructed to provide., i~i~ouate, access to Lhis prod cc t. Further, this ordir'...ance shall, be effective upon satisfactory co:".pliaqce to the "condition; i~:posc-d il: i.h,.~ r.~o'~ion, and it is ul~:.!c:r'stor;d and a.qreed tc.~ by the applicant ii,at tim offic:ial change on the zoning maps will nt, t be made until tile following conditions are satisfied: 1. A dgdica, tion of right of var. 30 feet from the centerline of tile ex]"*~'~, 30 foo'~; ri!jht of way 'along the 820 foot frontage on'Sandbridge Road (a 15-foot The following al~peared in favor of thc petition: Mr. Walter J. ~.lonahan ~ir. Thomas C~ Broyles, Attorney Mr. Douglas 2'albot, Talbot-Wermers Associates The following appeared in opposition: Mr. Edward Hudgins, Attorney Mr. Alan W. Fulmer Mr. M. E. Bowerman On motion by Councilman Standing, seconded by Councilman Gardner, and by recorded ~te as follows: ~ ~s: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr. '~narles W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor George R. Ferrell City Council voted to deny the above petition of Urban Systems Development Corporation for a Ch~n~e of Zoning District Classification from B-2 Community Business District to R-S Residential District beginning at a point 1629.64 feet Southeast of Entrada Drive, running a distance of 670 feet along the Western property line, running a distance of 600 feet along the Northern property line, running a distance of 694 feet along the Eastern property line and running a distance of 82~) feet along the Southern property line which is the North side of Sandbridge Road. Said parcel contains 11.3 acres. Plats with more detailed information are available in the Department of Planning. (Lagomar Area). Princess Anne Borough ITEM #9007 Petition by motion of the Planning Commission of the City of Virginia Beach for a Chanqe of Zoninq_ Disloyal'ct Classification from R-4 Residential ---Distri~-~ t~-?--.1 ~ ~ , -' ~re~er,/at~on District on certain property located at the Nor~h_ast corner of' At~,~oodtown Road and Proposed False Cape Parkway, running a distance of 3200 feet along the Southern property line of which 2100 feet more or less is the ~,Jorth side of Proposed False Cape Parkway, running a distance o'? ~280 fe~ more or less along %he Eastern property line, (City of Virgiqia Beach Canal), rrJnning a distance of 3550 feet more or less along the l,lortherF~ property line J, nd runninFi a distance of 3350 feet along the Western property line. ~aid ?arc,~l contains 200 i'~cres. Plats with more detailed information are available in tl~e Department of Planning~ (Lagomar Area). PRI~I?SS ANNE [~OROUGH. Planning Commission Recommendation: A motion was passed unanimously by. the planning Commission by a.recorded vote of 11 te approve ';his request. For the information of the apF, licant, prior to the issuance of a building permit, the following will be required by the administrative staff: Standard site improvements as required by the Site Plan Ordinance. A 150 foot easement for Canal #lo Ci~ water and sewer. Further, this ordinance shall be effective upon satisfactory compliance to the --=nditions im?osed in this motion, awd it is understood and agreed to by the icant that the official Change on the zoning maps will not be made unti] the 1lowing condit'ions are satisfied: ]. A dedication of right-of-way 55 feet from the centerline of the proposed False Cape Parkway (a 55 foot dedication). 'On motion by_ Councilman Baum, seconded by Councilman Gardner, and by recorded vote' as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry McCoY, Jr.~ Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: 'None Absent: Councilman Robert B. Cromwell, Jr., and Vice Mayor George R. Ferrell City Council voted to deny the above petition by motion of the Planning Commission of the City of Virginia Beach for a Change of Zoning District C~la....s.sification from R-4 Residential District to P-1 Preservation District certain property located at the Northeast corner of Atwoodtown Road and oposed False Cape Parkway, running a distance of 3200 feet along the Southern ~operty line of which 2100 feet more or less is the North side of Proposed False Cape Parkway, running a distance of 3280 feet more or less along the Eastern property line, (City of Virginia Beach Canal), running a distance of 3550 feet more or less along the Northern property line. Said parcel contains 200 acres~ Plats with more detailed information are available in the Department of Planning. (Lagomar Area). Princess Anne Borough. IT£M t~9008 Application of Urban Systems Development Corporation for a Conditional Use Permit for a golf course on certain property located at the Ilortheast corner of Atwood- town Road and Proposed False Cape Parkway, running a distance of 3200 feet along the Southern property line of which 2100 feet more or less is the I~orth side of Proposed False Cape Parkway, running a distance of 3280 feet more or less along the Eastern property lin~, (City of Virginia Beach Canal), running a distance of 3550 feet nore or less a}ong the Nortt~ern property line and running a distance of 3350 feet along the Western property line. Said parcel contains 200 acres. Plats with more detailed information are available in the Depart~ent of Planning. (Lagomar Area). PRIiqCESS ANN£ BOROUGH. P1 anning Co~i ss i o,~ Recommendati on: A motion was passed unanimously by the Planning Commission by a recorded vote of 13 to approve thi.¢ request. For the information of the ~applicant, prior to the issuance of a building permit, the following will be required by the administrative staff: Stan(iard site improvements as required by the Site Plan Ordinance. City water and sewer~ On motion by Councilman Standing, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum.~. Robert H. Callis, Jr., Charles W. Gardner, John R. Griffin, Clarence A..Holland, J. Henry McCoy~ Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen Robert Be. Cromwell, Jr., and Vice Mayor George R. Ferrell City Council voted to deny the above application of Urban Systems Development Corporation for a Cond2tional Use Permit for a golf course on certain property located at the Nort-J{-east corner bf AtWOodtown Road and Proposed False Cape Parj~ay, running a distance of 3200 feet along the Southern property line of whi 2100 feet more or less is the North side of Proposed Fa!.se Cape Parkway, run nga dm$~.a~..ce of 3280 feet more or less along tile Eastern property line, (Ci~x of Virginia Beach Canal), running a distance of 3550 feet more or less along the Northern property line and running a distance of 3350 feet along the Western property line. Said parcel contains 200 acres. Plats with more detailed information are available in the Department of Planning. (Lagomar Area). Princess Anne Borough. ITEbl tt9009 ~ Petition of W & Z Investments, Inc., for a Chan?,e~__gf' Zp~j_i_ng District C],0ss.ifica_ tion from A-1 Apartment District to A-4 Apartment District on certain property beginning at a point 210 feet West of Arctic Avenue, running a distance of 80 feet along the North side of 19th Street, running a distance of 140 feet along the Western property line, running a distance of 80 feet along the Northern property line, and running a distance of 140 feet' along the Eastern property line. Said parcel contains 11,200 square feet. VIRGINIA BEACH BOROUGH. Planning Commission Recommendation: A motion was passed by the Planning Commis'sion by a recorded vote of 10 for the motion and 1 abstention to deny this request as the parcel does not meet the minimum lot size. requirements of the A-4 Apartment District. COUNCILMAN CROMWELl, RETUP~NED TO CHAMBERS Mr. Thomas C. Broy!es~, Attorney, represented the petitioner On motion by Councilman Callis, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Charles W. Gardner, John R. Griffin, Clarence A~ Holland, J. Henry McCoy, Jr., Mayor Jo Curtis Payne, Patrick L. Standing, and Floyd. E. }Vaterfield, Jr. Nays: None Absent: Vice Mayor George R. Ferrell City Council voted to deny the above petition of W & Z Investments, Inc., for a Change of Zoning District Classification from A-1 Apartment District to A-4 Apartment District on certain property beginning at a point 210 feet West of Arctic Avenue, running a distance of 80 feet along the North side of 19th Stre~ running a distance of 140 feet along the Western property line, running a distance of 80 feet along ~ Northern property line, and running a distance 140 feet along the Eastern property line. Said parcel contains 11,200 square "~eet. Virginia Beach Borough. Petition was denied as the parcel does not mee~ he minimum lot size requirements of the A-4 Apartment District. ITEM ~9010 ofPetitiOnzonin?Of.J.M..~..Golden, Mario'a B. Golden and William j. Watson for a Chm~ D~strz.,_ Cl:~ssification from A-1 Apartment DJ. strict to B-4 Resort Commercial District on certain property located at the Southe;~st corner of 18th Street and Parks Avenue, running a distance of 304 feet ajong the South side of 18th Street, running a distance of 140 feet along the Eastern prop- erty line, running a distance .of 304 feet along the Southern property line, and running a distance of 1.40 feet along the East side of Parks Avenue. Said parcel contains 0.98 acre. VIRGINIA BF~ACH BOROUGH. Planning Commission Recommendation: A mot:ion was passed unanimously by the Planning Commission by a recorded vote of 10 to approve this request. For the information of the applicant, prior to the issuance of a building perm:[~ ~-h,~ ~1~,,,-~'~,~ will be -~ ............... --o rt:~ ...... ~ by the ,~dministrati~e staff: 1'. Standard site improvcments as required by the Site Plan Ordinance. 2. City water and sewer. ,ir. William W.'Watson appeare! regarding h.~s petition. )n motion by Councilman Cal!is, seconded by Councilman Gardner, and bY recorded rote as follows: lyes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., ]harles W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., {ayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr. lays: None %bsent: Vice,' Mayor George R. Ferrell ~ty Council approved the following ordinance upon petition of J. M. Golden, rion B. Golden and William J. Watson for a Change of Zoning District Classi- .~cation from A-1 Apartment District to B-4 Resort Com~nercial District: ORDINANCE UPON PETITION OF J. M. GOLDEN, MARION B. GOLDEN AND WILLIAM J. WATSON FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FRObl A-1 Apartment District TO B-4 Resort Commercial District Z01175140 e it ordained by the Council of the City of Virginia Beach, Virginia, that: etition of J. M. Golden, Marion B. Golden and William J. Watson for a Change f Zoning District Classification from A-1 Apartment District to B-4 Resort ommercial District on certain property located at the Southeast~ corner of 8th Stree~ and Parks Avenue, running a distance of 304 feet along the South ide of 18th Street, running a distance of 140 feet along the Eastern property ine, running a distance of 304ffeet along the Southern property line, and unning a distance of 140 feet along the East side of Parks Avenue. Said parcel ontains 0~98 acre. Virginia Beach Borough. or the information of the applicant, prior to the issuance of a building permit, he following will be required~by the administrative staff: -- 1. Standard site improvements as required by the Site Plan Ordinance. 2. City water and sewer. ITEM #9011 Petition of Waves Motel, Inc., T/A Golden Sa~ids Motel for a Chan_ge of Zoni_n_~ District Classification from B-'4 Resort Commercial District to H-2 Resort Hotel District on certain p~operty located at the Southwest corner of 14th Stree~z and Atlantic Avenue, running a distance of-250 feet along the West side of Atlantic Avenue, running a distance of 100 feet along the Southern property line which is the North side of 13th street, running a distance of 250 feet along the Western property line and running a distance of 100 feet along the South side of 14th Street. Said parcel contains 0.57 acre. VIRGINIA ~EACH BOROUCtl. , Planning Commission Recormmendation: A motion was passed by the Planning Commission by a recorded vote of 7 for the motion and 3 against the motion to approve this request with the under- standing that this recommendation is to correct a ,~ituation brought about by thc ......... ~ ....... ~ of the ,~,~0. .-- For the information of the applicant, prior to the issuance of a building permit, the following will be required by the admi~istrative staff: 1. Standard si'ze f.mprcvements as required by the Site Plan Ordinance. 2. City water and sewer. If the water pressure is not sufficient to pro- vide adequste s~rvice to this project, it is to be corrected by the property o~er. 3. The developer will be required to fully improve the northern half of 13th Stree'z according to City standards along the frontage of this site. Mr.'Gro, ver ~. Wright, Jr., Attorney, represented the petitioner On motion by Councilman Ca!lis, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Charles W. Gardner, John R. Griffin, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen Vice Mayor George R. Ferrell, and Clarence A. Holland ty Council approved the following ordinance upon petition of Waves Motel, .corporated, T/A Golden Sands Motel for a Change of Zoning District Classi- fication from B-4 Resort Commercial District to H'22 Resort Hotel District: ORDINANCE UPON PETITION OF WAVES MOTEL, INCORPORATED, T/A GOLDEN SANDS MOTEL FOR A.CH~NGE OF ZONING DISTRICT CLASSIFICATION FROM B-4 Resort Commercial District TO H-2 Resort Hotel District ZOl175141 Be it ordained by the Council of the City of'Virginia Beach, Virginia, that: Petition of Waves Motel, T/A Golden Sands Motel for a Change of Zoning District Classification from B-4 Resort Commercial District to H-2 Resort Hotel Distr~ct on certain property located at the Southwest corner of 14th Street and Atlantic Avenue, running a distance of 250 feet along the West side of Atlantic Avenue, running a distance of 100 feet along the Southern property line which is the North side of 13th Street, running a distance of 250 feet along the Western property line and running a distance of 100 feet along the South side of 14th Street. Said parcel contains 0.57 acre. Virginia Beach Borough Fo'f the information of the applicant, prior to the issuance of a building permit: the following will be required by the administrative staff: --- 1. Standard site improvements as required by the Site Plan Ordinance. 2. City water and sewer. If the water pressure is not sufficient to provide adequate service to this project, it is to be corrected by the property owner. 3. The developer will be required to fully improve the northern half of 13th Street according to City stand~ards along the frontage of this site. - · , ( ITEM t!9012 Petition of William Eo Wood for a Change of.' Zoning District Classification fram R-6 Residential District to A-1 Apartment ]).istriet on certain property located on the North side of proposed Lynnhaven Parkway beginning at a point 1000 feet more or less East of Centerville Turnpike running a distance of 1739 feet more or less along the North side of. proposed Lynnhaven Parkway, 'running a distance of 1540 fcet more or less along the Northern property line (Virginia Electric and Power Co. Easement) and running a distance of 660 feet more or less along the Western property line. Said parcel is triangular in shape and contains 15 acres. (Stumpy Lake Area). KEMPSVILLE BOROUGH. --- Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 10 to approve this request° For the information of the applicant, prior to the issuance of a building per- mit, the following will be required by the 8Hm~nistrative staff: 1. Standard site improvements as required by the Site Plan Ordinance. 2. City water and sawer. 3. No median cuts will be permitted on Lynnhaven Parkway wighin 500 feet of Centerville Turnpike or along Centerville Turnpike within 500 feet of Lynnhaven Parkway. 4. Procurement of drainage easements and the construction of a drainage out- fall system to the South to Stumpy Lake will be required. Further, this ordinance shall be effective upon satisfactory compliance to the conditions imposed in this motion, and it is understood and agreed to by the applicant that the official change on the z~ning maps will not be made until the following conditions are satisfied: 1. Dedication of right-of-way along the 3,189 foot frontage for the proposed Lynnhaven Parkway (a 90 foot dedication). )UNCILMAN HOLLAND RET[.I~ED TO COUNCIL CiiAMBERS }UN~"LbbSN CALLIS LEFT COUNCIL CHAMBERS · . ~ ~glas Talbot, Talbot-Wormers Associates, represented the petitioner. motion by Councilman McCoy, seconded by Councilman Griffin, and by recorded te as follows:- es: Councilmen John A. Baum, Robert B. Cromwell, Jr., Charles W. Gardner, hn R. Griffin, Clarence A. Holland, Jo Henry McCoy, Jr., Mayor J. Curtis Payne, trick L. Standing, and Floyd E.' Waterfield, Jr. ~s: None ~ent: Councilmen Robert H. Callis, Jr., and Vice blayor George R. Ferrell Council approved the following ordinance upon petition of William E. Wood Change of Zoning District Classification from R-6 Residential District A-1 Apar%ment District: ORDINANCE UPON PETITION OF WILLI~J~I E. WOOD FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 Residential District TO A-1 Apartment District ZOl175142 Be it ordained by the Council of the City of Virginia Beach, Virginia, that: Petition of William E. Wood for a Change of Zoning Distkict Classification from R-6 Residential District to A-1 Apartment District on certain property located on the North side of proposed Lynnhaven Parkway beginning at a point 1000 feet more or less East of Centerville Turnpike running a distance of 1739 feet more o-r-less along the North side of proposed Lynnhaven Parkway, running a distance ( 1540 feet more or less along the Northern property line (Virginia Electric ~ t Power Company Easement) and running a distance of 660 feet more or less along the Western property line. Said parcel is triangular in shape and contains 15 acres. (Stumpy Lake Area). Kempsville Borough For the information of the applicant, prior to the issuance of a building permit, the following will be required by the administrative staff: 1. Standard site improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3.' No median cuts will be permitted on Lynnhaven Parkway within 500 feet of Centerville Turnpike or along Centerville Turnpike within 500 feet of Lynnhaven Parkway. 4. Procurement of drainage easements and the construction of a drainage outfa!l system to the South to Stumpy Lake will be required. Further, this ordinance shall be effective upon satisfactory compliance to the conditions imposed in this motion, and it is understood and agreed to by the applicant that the official change on the zoning maps will not be made until the following conditions are satisfied: 1. Dedication of right-of-way along~the 3~189 foot frontage for the proposed Lynnhaven Parkway (a 90-foot dedication). .t ~ORDINANCE UPON PETITION OF WILLIAM E. WOOD ZOl!75143 FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FRObl R-6 Residential District TO, R-9 Residential Townhous e District Be it ordained by the Council of the City of Virginia Beach, Virginia, that: Petition of William E. Wood for a Change of Zoning DistricJ Classification from R-6 Residential District to R-9 Rekid'bnti"al" Townhouse District on certain prop- erty located on the South side of proposed Lynnhaven Parkway beginning at a point 2240 feet more or less East of Centerville Turnpike, kunning a distance of 450 feet along the South side of proposed Lynnhaven Parkway, running a dis- tance of 1050 feet more or less along the Northern property line, running a ~istance of 83S feet more or less along the Eastern property line, running a stance of 600 feet more or less along the Southern property line'and running distance of 910 feet more or less in a Northwesterly direction. Said parcel contains 20 acres. Plats with more detailed information are available in the Department of Planning. (Stumpy Lake Area). Kempsville Borough. For the information of the applicant, prior to the issuance of a building permit, the following will be required by the administrative staff: 1. Standard site improvement- as reqt'~,~ed by the Site Plan Ordinance 2. City water and sewer. 3. No median cuts will be permitted on Lynnhaven Parkway within 500 feet of Centerville Turnpike or along Centerville Turnpike within 500 feet of Lynn- haven Parkway. 4. Procurement of drainage easements and the construction of a drainage outfall system to the South to Stumpy Lake will be required. Further, this ordinance shall be effective upon satisfactory compliance to the conditions imposed in this motion, and it is understood and agreed to by the applicant that the official cha~ge on the zoning maps will not be made until the following conditions are satisfied: '-- 1. Dedication of right-of-way along the 3,189 foot frontage for the pr osed Lynnhaven Parkway (a 90-foot dedication). ITEM #9014 Petitiqn of William E. Wood for a Chan~_e_e of Zonin~ District Classification' from R-6 Residential District to B-2 Communi~ty Business- District on certain property located on the South side of Kempsv,ille Road beginning at a point 210 feet more or less East of Centerville Turnpike, running a distance of 820 feet more or lea:s along the South side of Kempsville Road, running a distance of 757 feet in a Southeasterly direction, running a distance of 307 feet in a Southwesterly direction, running around a curve in a Southerly direction a distance of 586°92 feat more or less, running around a curve in a Southwesterly direction a distance of 1130 feet more or less and running a distance of 910 feet more or less along the East side of Centcrville Turn- pikc~ Said parcel is irregular in shape and contains 29.1.4 acres. Plats ~ with more detailed information are available in the Department of Planning° (Woods Corner Area): KI2dPSVILLE BOROUGH. Planning Commission Recommendation: A motion was oassed unanimously hy the_ Pl~nn41~g Commission by a r~~ vote of lO to approve this request. For the information of the applicant, prior to the issuance of a bu~,lding per~ mit, the follo~eing will be required by the administrative stair: 1. Standard site improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Entrances to the shopping center shall be at least 650 feet from the intersection of Kempsville Road and Centerville Turnpike. 4. The main entrances are to be channelized 150 feet into the site. 5. Should signalization become necessary due to traffic generated by this project, the developer shall pay for the cost of st~ch signalization as deemed necessary by the Director of Con~nunity Services. 6. Necessary right-of-way shall be provided at the intersection of Kemps- vill. c Road and Centerville Turnpike and at the entrances for future right turn lanes. Adequate drainage facilitiea o app].ic;mt taat the o[tlcial change on the zoning maps will not be made until the following conditions are satisfied: 1. Dedication of right-of-way along frontage on Centervllle IurnPike (a 30 foot dedication). 2. Dedication of right-of-way along frontage on Kempsville Road (a. 30 foot dedication). ~ Mr. Douglas Talbot, Talbot-Wermers Associates, repres, enting the petitioner On motion.by Councilman McCoy, seconded by Councilman Griffin, and by recorded vote as follows: -~ves: Councilmen John A. Baum, Robert B. Cromwell, Jr., Charles W. Gardner, )hn R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, ~trick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen Robert H. Callis, Jr., and Vice Mayor George R. Ferrell City Council approved the following ordinance upon petition of William E. Wood for a Change of Zoning District Classification from R-6 Residential District to B-2 Community Business DiStrict: ORDINANCE UPON PETITION OF WILLIAM E. WOOD ZOl175144 FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 Residential District TO B-2 Community Business District Be it ordained by the Council of the City of Virginia Beach, Virginia, that: Petition of William E. Wood for a Change of Zoning District Classification from R-6 Residential District to B-2 community' BUSiness~ Dfst'rict on certain property located on the South side of K~mpsville Road beginning at a point 210 feet more or less East of Centerville Turnpike, running a distance of 820 feet more or les m-kong the South side of Kempsville Road, running a distance of 757 feet in a utheasterly direction, running a distance of 307 feet in a Southwesterly rection, running around a curve in a Southerly direction a distance of 586.92 £oet more or less, running around a curve in a Southwesterly direction a distan~ of 1130 feet more or less and running a distance of 910 feet more or less along the East side of Centerville Turnpike. Said parcel is irregular in shape and contains 29~!4 acres. Plats with more detailed information are available in th( Department of Planning. (Woods Corner Area). Kempsville Borough For the information of the applicant, prior to the issuance of a building permi~ the following will be required by the administrative staff: Standard site improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Entrances to ~he shopping center shall be at least 650 feet from the intersection of Kempsville Road and Centerville Turnpike. 4. The main entrances are to be channelized 150 feet into ~he site. 5. Should signalization become necessar~ due to traffic generated by this project, the developer shall pay for the cost of such signalization as deemed necessary by the Director of Community Sorvices. 6. Necessary right-of-way shall be provided at the intersection of Kempsvi!le.Road and Centerville Turnpike and at the entrances for future right turn lanes. 7. AdeqUate drainage facilities. Further, this ordinance shall be effective upon satisfactory compliance to the conditions imposed in this motion, and it is understood and agreed to by the applicant that the official change on the zoning maps will not be made until the following conditions are satisfied: 1. Dedication of rJght-of-way along frontage on Centerville Turnpike (a 30-foot dedication) 2. Dedication of right-of-way along frontage on Kempsville Road (a 30- foot dedication) ~ Petition of William E, Wood for a Chan~e of Zonin~ Db.;~rict Clas f~.cat~.on from R-6 Residential District to B~2 Community Busine~s District on certain property located at the Northeast intersection of Ce~t~wille Turnpike and proposed Lynnhaven Par~¢ay, rt~ning a distance of 676 feet along the East side of Cente~ille Turnpike, running a distance of 980 feet more or less along the Northern property line (Virginia Electric and Power Co, Easement) running a distance of 675 f%et along the Eastern property line and running a distance of 1000 feet more or less along the Noz'th side of proposed Lynn- haven Parl~ay. Said parcel contains %5 ~cres. Plats with more detailed in- formation are available in the D~partment of Planning. (Stumpy Lake Area). K~,~SV ILLE BOROUGH. Planning Co~ission Reco~endation: A motion was passed unanimously by the ~lanning Commission by a recorded vote of i0 to deny this request as there are sufficient commercial facil- ities ~.n the area and this section ~hou!d ~ retained as a .............. area. Mr. Douglas Talbot, Talbot-Wermers Associates, represented the petitioner On motion by Councilman McCoy, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Charles W. Gardner, John R. Griffin, Clarence A. Holland, Jo Henry McCoy, Jr., Mayor J. Curtis Payn¢ Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen Robert H,~ Callis, Jr., and Vice Mayor George R. Ferrell City Council approved the following ordinance upon petition of William E. Wood for a Change of Zoning District Classification from R-6 Residential District to B-2 Cemmunity Business District: ORDINANCE UPON PETITION OF WILLIAM E. WOOD ZOl175145 FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 Residential District TO B-2 Community Business District Be it ordaine'd by the Council of the City of Virginia Beach, Virginia, that: Petition of William E. Wood for a Change of Zoning District Classification from R-6 Residential District to Bz2 Commun~t~ Business 'District on certain property located at the Northeast intersection of Centerville Turnpike and proposed Lynnhaven Parkway, running a distance of 676 feet along the East side of Center- ville Turnpike, running a distance of 980 feet more or less along the Northern property line (Virginia Electric and Power Company Easement), running a distance of 675 feet along the Eastern property line and running a distance of 1000 feet more or less along the North side o~f proposed Lynnhaven Parkway. Said parcel contains 15 acres. Flats with more detailed information are available ~n the Department of Planning. (Stumpy Lake Area). Kempsville Borough.. For the information o:f the aFpiicant, prior to the issuance of a building permit the following will be required by the administrative staff: 1. Sta~.dard site improvements as required by the Site Plan Ordinance --- 2. City water and sewer. 3. No median cuts would be permitted on Lynnhaven Parkway within 500 feet of Centerville Turnpike er along Centerville Turnpike within 500 feet of Lynnhaven Parkway Further, this erdinance shall be effective upon satisfactory compliance to the conditions impcsed in this motion, and it is understood and agreed to by the applicant that the official change on the zoning maps will not be made until the following conditions are satisfied: 1. A 90-foot right-of-way dedication along proposed Lynnhaven Parkway, and a 30-foot right-of-way dedication along Centerville Turnpike. ITEM 119016 ?etition of Tilford 1I. Willi,'~ms for a Chan~e of Zon~in( D~strict C].a.~'~,~ificat]on from AG-1 Agricultural District to A-1 Apartment I.)J..~trict on certain propc~-ty- located on the West side of Princess Anne Road beginning at a point'4600 feet: more or ]_ess South of Public Landing Road, running a distance of 772 feet along the Eastern property line of which 320 feet is the West side of Princess Anne Road, running a distance of 1524o54 feet along the Southern property line, run- ning a di'.;tance of 1149 feet along the Western property ].ine and running a d:i.~- tance of 1302 feet along the North..rn property line. Sa~d parce. 1 contains 26.16 acres. -(Munden Area). PUNGO BOROUGH. __ Planning Con~nission Recommendation: A motion was passed by the Planning Commission by a recorded vote of 9 for the motion and 1 abstention to deny this request as it conflicts with the Princess Anne Development Plan which recommends a conservation use and approval of this request would allow apartments which are inappropriate in this section of the City. Mr. Thomas C~ Broyles, A~torney, represented the petitioner On motion by Councilman Waterfield, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., biayor J. Curtis Payne Patrick L. Standing, and Floyd E~ Waterfield, Jr. Nays: None Absent: Councilmen Robert H. Callis, Jr., and Vice Mayor George R. Ferrell City Council voted to refer back to the Planning Commission, with the stip- ulation that it be returned to Council within sixty days, the above petition of Tilford H. Williams for a Change of Zoning District Classification from AG-1 Agricultural District to A-1 Apartment District on certain property located on ~ West side of Princess Anne Road beginning at a point 4600 feet more' or less ~ ~th of Public Landing Road, running a distance of 772 feet along the Eastern ! )perry lip. e of which 320 feet is the West side of Princess Anne Road, running a distance ef 1524.54 feet along the Southern property line, running a distance of 1149 feet along the Western property line and running a distance of 1302 feet along the Northern property line. Said parcel contains 26.16 acres. (Munden Area)° Pungo Borough ITEM #0017 COUNCILMAN CALLIS RETURNED TO COUNCIL CHAMBERS Application of Tilford H. Williams for a Conditional Use Permit for a 124 nnit mobile home park on certain property located on the West side of Princess Anne Road beginning at a point 4600 feet~more or less South of Public Land~ng Road, running a distance of 772 feet along the Eastern prop- erty line of which 320 feet is the West side of Princess Anne Road, running a distance of 1524.54 feet along the Southern property line, running a dis- tance of 1149 feet along the Western property line and running a distance of 1302 feet along the Northern property line. Said parcel contains 26.16 acres. (Munden Area). PUNGO BOROUGH. Planning Con~ission Recommendation: A motion was passed by the Planning Commission by a recordcd vote of 9 for the motion and 1 abstention to deny this request as it conflicts with the Princess Anne Development Plan which recommends a conservation use and ap- proval of this request would allow apartments which are inappropriate in this section of the City. Mr. Thomas C. Broyles, Attorney, represented 'the petitioner On motion by Councilman Waterfield, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor George R. Ferrell £ ~y Council voted to refer back to the Planning Commission, with the stipulatioi t ~t it be returned to Council within sixty days, the above petition of Tilford H. Williams for a Conditional Use Permit for a 124 unit mobile home park on certain property locate'd o"J~t~e 5Vest si~e of Princess Anne Road beginning at a point 4600 feet more or less South of Public Landing Road, running a distance of 772 feet along the Eastern property line of which 320 feet is the West side of Princess Anne Road, running a distance of 1524.54 feet along the Southern pro- perty line and running a distance of 1302 feet along the Northern property line. Said parcel contains 26.16 acres. (Munden Area). Pungo Borough ITEM #9018 COUNCILMAN CRO~BVELL LEFT COUNCIL CHAMBERS On motion by Councilman Griffin, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, ,Ir., Charles W~ Gardner, John R~ Griffin, Clarence A..Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Ab--nt: Councilmen Robert B. Cromwell, Jr., and Vice Mayor George R. Ferrell Ci Council approved the following ordinance to authorize the acquisition of right-of-way for Lynnhaven Parkway, Phase II, property to be acquired in fee simple; the acquisition of right-of-way either by agreement or condemnation: AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF RIGHT-OF-WAY FOR LYNNHAVEN PARKWAY~ PHASE II~ PROPERTY TO BE ACQUIRED IN FEE SIMPLE; THE ACQUISITION OF RIGHT-OF-WAY EITHER BY AGREE~ENT OR BY CONDEMNATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS, the Council of the City of Virginia Beach, Virginia has authorized the Lynnhaven Parkway, Phase II Project and has approved same for right-of-way acquisition; and %/HEREAS~ in the opinion of the Council of the City of Virginia Beach, a public necessity exists for construction of this important project for the preservation of the safety, health, peace, good order, comfort, convenience, morals and for the welfare of the people in the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. Section 1. That the City Attorney and/or Assistant City Attorney is hereby authorized to acquire by purchase or condemnation, pursuant to Section 15.1-236 et seq. and Section 25-46.1 et seq., Code o~ Virginia of 1950, as amended~ all that certain real property, in fee simple, including temporary and permanent easements of right-of~ way as shown on Plans for Lynnhaven Parkway Phase II as prepared by 'Talbot and Associates, Consulting Engineers, Virginia Beach, Virginia, and on file in the Department of Community Services, Municipal Center, City of Virginia Beach:. Virginia. Section 2. Thc. City Attorney and/or Assistant City Attorney is hereby authorized to make~ or cause to be ~nade~ in behalf of the City of Virginia Baach~ a reasonable offer to owners or persons having an interest in said lands, if refused, the City Attorney and/or Assistant ~ity Attor~ey is hereby authorized to institute proceedings to condemn said property. Section 3. That an emergency is hereby declared to exist and this ordinance shall be inforce and effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach on the day of November _ , 1975. JAR: er IT1]M #90!9 On motion by Councilman Griffin~ seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L~ Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen Robert B. Cromwell, Jr., and Vice Mayor George R. Ferrell '-~.ty Council approved the following ordinance to authorize the acquisition of .ght-of~way for Lynnhaven Parkway, Phase III, property to be acquired in fee .mple; the acquisition of right-of-way either by agreement or condemnation: AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF RIGHT-OF-WAY FOR LYN%~HAVEN PARKWAY, PHASE III PROPERTY TO BE ACQUIRED IN FEE SIMPLE; THE ACQUISITION OF RIGHT-OF-WAY EITHER BY AGP~EMENT OR BY CONDEMNATION BE IT ORDAINED BY THE COI~CIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEP~AS, the Council of the City of Virginia Beach, Virginia has authorized the Lynnhaven Parkway, Phase II~ Project and has approved same for right-of-way acquisitien; and WHEREAS, in the opinion of the Council of the City of Virginia Beach, a public necessity exists for construction of this important project for the preservation of the safety, health, peace, good order, comfort, convenience, morals and for the welfare of the people in the City of Virginia B~ach. NOW~ THEREFORE, BE IT ODDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney and/o~ Assistant City Attorney is hereby authorized to acquire by purchase or condemnation, pursuant to Section 15.1-236 et seq. and Section 25~46.1 et seq.~ Code of Virginia of 1950, as amended, all that certain real property, in fee simple, including temporary and permanent easements of right-of-way as shown on Plans for Lynnhaven Parkway Phase III as prepared by Wiley and Wilson, Consulting Engineers, Virginia, and on file in the Department of Community Services, Municipal Center~ City of Virginia Beach, Virginia. Section 2. The City Attorney and/or Assistant City Attorney is hereby authorized tc. make~ or cause to be made~ in behalf of the City of Virginia Beach, a reasonable offer to owners or persons having an interest in said lands, if refused, the City. Attorney and~or Assistant City Attorney is hereby authorized to institute proceedings to condemn said property. Section 3~ That an emergency is hereby declared to exist and this ordinance shall be in force and effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the lO day of Nove~i%er , 1975. ITEM #9020 MAYOR PAYNE LEFT COUNCIL CHAMBERS; COUNCILMAN HOLLAND PRESIDED OVER M~ETING On motion by Councilman Gardner, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr.', Charles W. Gardner, John R. Griffin, Atting Mayor Clarence A. Holland, J. Henry McCoy, Jr., Patrick L. Standing, and Floyd E. Waterfield, Jr. ~ys: None ^Dsent: Councilmen Robert B. Cromwell, Jr., Vice Mayor George R. Ferrell, and Mayor J. Curtis Payne City Council approved on'first reading the following ordinance to amend Section 23.24.4 of the Code of the City of Virginia Beach, Virginia, relating to issuance fees for going out of business sales: AN OROINANCE TO AMEND SECTION 23-24.4 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO ISSUANCE FEES FOR GOING OUT OF BUSINESS SALES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 23~2g.4 of the Code of the City of Virginia Beach, Virginia, is amended as follows: By deleting the word "twenty-five" and substituting therefor the word "fifteens" First Reading: Second Reading-: November 10, 1975 Adopted by the Council of the City of Virginia Beach, Virginia, on the __day of ...... , 1975. A::es: .Councilmen John A. Baum, Robert H. Callis, Jr., Charles W. Gardner, John R. Griffin, Acting biayor Clarence A. Holland, J. Henry McCgy, Jr., Patrick L. Standing, and Floyd B. Waterfield, Jr. Nays: None Absent: Councilmen Robert B. Cromwell, Jr., Vice Mayor George R. Ferrell, and Mayor J. Curtis Payne City Council .approved tax refunds in the amount of $412.33: Name IType l= x i :x IYear Ha~lett Kenneth ~avidson Mary B lamsay Robert L ~cClanan A W & )orothy V 1975 PP 1975 PP 1974 PP 1974 RE Tax Exoner~ Ticket I~ tion Date Pen- InterI Total Numb e r i'~o. 036008 11.3303 019890 9O2 5O 036280 13356 13297 4257 1st & 2nd~ ,. oid 5-30-75 5-30-75 12-5-74 6-10-74 6-10-74 Base 34.62 34.62 ~lty est i ~owell Melvin R ]973~ RE ,4 059184 5026 '5-5-75 213.12 ~0.66 11.l 23A.97 ~omas & Nett!etto 2nd half ........ ~]~0\~ e applica' ' ' · ~ons fo"~-refuad of taxes a~pp=oved Date, /' ~4 ' ' i:[Y"At't°rney ~bove abatements totaling ~,~- ~-~..__~' Approved by City ~ouncil Da te Richard Jo Webbon, Citv Clerk ITEM t/9022 MAYOR PAYNE RETUPJqED TO COUNCIL CHAMBERS On motion by Councilman Gardner, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes; Councilmen John A. Baum, Robert H. Callis, Jr., Charles W. Gardner, John R. Griffin~ Clarence Ao Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen Robert B. Cromwell, Jr., and Vice Mayor George R. Ferrell City Council authorized 'the City Manager to sign a contract with Wainwright and Ramsey, Incorporated, Bond Consulting : Firm, with the rate schedule of $2.00 per $1,000.00 for the first $2 million; $1.00 per $1,000.00 from $2 million to $5 million; SO.SO per $1,000.00 in excess of $5 million, with a $1~--000 o 0O limit. ITEM #9023 COUNCILblAN CRO~{WELL P,_ETURNED TO COUNCIL CHAMBERS On motion by Councilman Gardner, seconded by Councilman blcCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Charles W. Gardner, John R. Griffin, Clarence A. Holland, 3. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Abstain: Councilman Robert B. Cromwell, Jr. The. experimental sand bypass project at Rudee Inlet which has been carried on 'by the Waterways Experiment Station (WES) since Apr. il 197S, will terminate within a few days. WES has agreed to sell the bypass plant to the City of Virginia Beach for $S0,000. The acquisition of the WES plant would provide for effective bypassing of a large portion of sand (approximately 90,000 cubic yards) during an annual productive period. Therefore, City Council authorized the City Manager to sign the necessary documents to acquire ~his equipment from the Federal Government for the amount of $S0,000, to be taken from the E'r.,osion Commission budget. ITBM #9024 motion by Councilman Waterfield, seconded by Councilman Cromwell, and by ~corded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jro, Charles Wo Gardner, John R. Griffin, Clarence A. Holland, J. ttenry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor.George R. Ferrell City Council voted to' approve the following proposed role and mission statement for the Penal!eton Project Advisory Council, as well as the suggested eleven- member Council: Advising the Management Board concerning methods of developing vitally needed resources, such as Permanent institutJ, onal funding and contributions of local professional services; Providing the Project with information concerning community goals and needs with respect to pre- deliquent children. In__conjunction with their considera'i~ion of the Advisory Council's role and n ;sion, the Management Board also reviewed membership representation. They ] ~ommended an eleven-member Advisory Council apportioned as follows: Two professional persons from Virginia Beach Two professional persons from Chesapeake Two lhy citizens from Virginia Beach 'Two lay citizens from Chesapeake One client-pare~t from Virginia Beach One client-parent from ~b. es~.peake One member of. the Pendle2on Project staff Council furtn..r voted, to defer +he:.. . appointment of persons to the eleven-member Advisory Council, until a later date~, ITEM #9025 Mayor Payne s'tated that on November 24, 1975, at 8:00 .p.m., Council will rehear the ordinance on the posting of gasoline signs. Mayor Payne further stated that the City Attorney ~as going to give him, in writing, his opinion as to the constitutionality of the ordinance. ITEM #9026 On motion by Councilman Waterfield, seconded by Couhcilman CrOmwell, and by' recorded vote as follows~ Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert Bo Cromwell,. Jrt, Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry McCoy~ Jr., Mayor J. Curtis Payne, P, atrick L. Standing, and Floxd E. Watcrfield~ Jr, Nays: None Absent: Vice Mayor George R. Ferrell --'tty Council voted to appoint Mr. Willard P. Whitehurst to fill the unexpired ~rm of Mr. Kermit S. Land on the Virginia Beach Development Authority. The ~rm expires September 30, 1977. ITEM #9027 Councilman Holland stated that the letter to Congressman R. W. DanielS, Jr., from Councilman Baum, regarding drainage and wetlands, was excellent and to the point. Councilman Holland further sta*ed that with this letter he is hoping action can be taken to prevent this ~.n the future. ITEM #9028 Mr. David Hendricks, President of the Innkeepers Association, appeared before City Council to present the following resolution opposing the dedication of four feet of Ocean Avenue for private use: Mr. Wilson Chaplain appeared before Council regarding the resolution. Mr. Chaplain stated he wanted it understood that he does not want that four-foot strip bui2t on. '~'~ ~ '"'" ~'; ? '- ~ ' ~-'*;"7.-~'-'' '?"? "-~.'.:.?'-F~,'.'~.~' r'~,~.?~,.~,~,~~..~...,~..,.¢~..~.~,~ ...... · RESOLUTION '.~.. ~" WHEREAS, the Innkeepers Association of Virginia Beach and its members believe that that strip of property in Virginia Beach Borough, in the City of Virginia BeaCh, Virginia, bordering the Atlantic Ocean and l~ing between the ocean and lots on which numerous business establishments have been constructed variously known as Atlantic Boulevard, Ocean Avenue an~ the Boardwalk from the eastern most boundaries of the oceanfront 10ts to the edge of the ocean was dedicated as a seashore recreational area for the benefit of the public generally and of the owners of the lot~shown on the plat and that the offer of dedication has been accepted by the use of the property by the public and by the acts of the governing body of the City of Virginia Beach, Virginia, and that private use, obstruction or encroachment thereon would impair the right of the public to its benefits and be unjust and improper and contrary to the public interest and use and would be inconsistent with public dedication and use and that any private, use by abutting property owners would be innimical to the free and unstricted use of the property by the public for the right of passage and for all other appropriate public uses; RESOLVED further that the President of the Innkeepers Association be directed to appear before the City Council of the City of Virginia Beach, Virginia, and present this resolution to record the feeling of the association that there should be no private obstruction or encroachment of this unique strip of property bordering the Atlantic Ocean, including the grassy stran¢ strip or lawn~ the concrete boardwalk, and, the beach and that the public character thereof be maintained in order to provide%he pffblic with pleasure and relaxation and with easy and ready acces~ to,.from and along the ocean and that the~councjl note and '7' recognize that future growth may require a still wider board- walk, or even an entirely different approach and use of'this area to serve the public in the best interest of the be~ch. I hereby certify that the foregoing is a true cepy of a resolution passed by the Innkeepers Association of. Virginia Beach~ at a meeting of members duly called and held on October '23~ 1975. Secretary ITBM #9029 Mr. David Hendricks presented the follcwing resolution to Council regarding assisting the City of Virginia Beach in promoting and attracting conventions to the City: RESOLUTION RESOLVED that the Innkeepers Association of Virginia Beach believes it to be in the best interest of the City, the members of the association and the public that conventions be attracted to Virginia Beach by appropriate cooperation with the cognizant officials and employees of the City of Virginia Beach, Virginia, and resolved further that the President be directed to furnish a copy of this resolution to the City of Virginia Beach, Virginia, and that he offer the services of this association to assist the City in promoting and attracting conventions in the City of Virginia Beach. I hereby certify that the foregoing is a true copy of a resolution passed by the Innkeepers Association of Virginia Beach, at a meeting of members duly called and held on October 23, 1975. ITEM #9030 O7 totion by Councilman Waterfield, seconded by Councilman Callis, and by re- corded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor George R. Ferrell City Council will hold an executive session on Monday, November 17, 1975, for the purpose of discussing matters permitted for discussion under Section 2.1-344 subparagraphs 1 through 6, inclusive, of the Freedom of Information Act of the Commonwealth of Virginia. ITEM #9031 On motion by Councilman Standing, seconded by Councilman Waterfield, and by acclamation, Council adjourned. RiC---rdJ~ Webbon, City Clerk / City of Virginia Beach, Virginia --CUrtis P ayn~, November 10, 1975