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HomeMy WebLinkAboutJANUARY 22, 1973 II I II I "'" ' ~nNUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA January 22, 1973 '''-1 e regular meeting of the Council of the City of Virginia Beach, Virginia ~is held in the Council Chambers -in the Administration Building, in the Borough of Princess Anne, on Monday, January 22, 1973-, at 2:00 p.m. \ The invocation was given by Mr. Richard J. Webbon, City Clerk Councilmen present: John A. Baum, Robert H. Callis, Jr. ,I Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardn~r, Clarence A. Holland, D. Murray Malbon, J. Cur.tis Payne, Donald H. Rhofies, and Floyd E. Waterfield, Jr. I I I Councilman absent: George R. Ferrell ITEM #5458 On motion by Councilman Malbon seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. ;"'1 lland, D. Murray Malbon, J. Curtis Payne, ,Donald H: Rhodes, and Floyd Waterfield, Jr. . 1 Nays: None Absent: Councilman George R. Ferrell. City Council approved the Minutes of the Regular Heeting of January 15, 1973, and the reading of said Minutes dispensed with inasmuch as each Ccuncilman had a copy of the subject minutes b~fore him. ITEH #5459 REFERRED BACK TO CITY COUNCIL BY COURT ACTION:" Application of London Bridge Estates by OwenB. Pickett, Attorney, for a Use Permit to construct 320 townhouses on certain property located on the Sout~side of Reagan Avenue and East and West sides of Wayman Lane, running a distance of 1668 feet more or less along the South side of Reagan Avenue of \'/hich 938 feet is East of ~layman Lane and 740 feet is West of ~~ayman Lane, running a distance of 835 feet along the Western property line, and running a distance of 1458 feet more or less along the Eastern property line. Said property is triangular in shape. Plats \~ith more detailed information are available in the Office of the' Department of City Planning. Said property contains 24.96 acres. (London Bridge Area). LYNNHAVEN BOROUGH. - """--I "- i; I .The Planning Commission recommends approval of this use permit application subject to a reduction from 320 townhouses to 300 townhouses. Site plan approval by the Planning Department is required prior to the applic~tion for a building permit and a provision of 15% usable open space for recreation is also required. The Real Estate Division, Department of Community Services, requir~s a lO-foot dedication of ri ght of way along the "1938 foot more or 1 ess frontage on Reagan Avenue and a dedication of right of way 25 feet from the center line of the existing 20-f?ot right of way along-the eastern and western frontage on Wayman Lane. The Englneer- in9 Division of the Department of Community Services requires improvements along ~laYlllan Lane. The Health Departrr:ent t'C'qui n~s City V;,ol tel' and se\'Jl:'r and the School Board requests the devclor~rls participation in the school site acquisition. II I , \: Mr. Calvin Spain, Attorney, appeared on behalf of the applicant. On motion by Vice Mayor Ervin, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr;, Hayor Robert B. r~omwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. lland, D.. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd Waterfield, Jr. , I Nays: None , Absent: C~uncilman George R. Ferrell. City. Council approved the above application of London Brifge Estates for i Use Permit to construct 250 townhouses on certain property located on the South side of Reagan Avenue and East and West sides of.War'man Lane, running a distance of 1668 feet more or less along the South s1del of Reagan Avenue of which 938 feet is East of Wayman Lane and 740 feet is West of Wayman Lane, running a distance of 835 feet along the Western property' line, a~d runn~ng a distance of 1458 feet more or less along the Eastern pr9perty lIne; saId property is triangular in shape and contains 24.96 acres (London Bridge Area) Lynnhaven Borough. The motion for approval is subject to the following stipulations: 1, Site plan approval by the Planning Department is required prIor to the application for a building permit. 2. A provision of 15% useable open space for recreation is required. ,.- I 3. A lO-foot denication of right of way along the 1938 foot more or less frontage on Reagan Avenue and a dedication of right 6f way 25 feet from the center line of the existing 20-foot right of way along the eastern and western frontage on Wayman Lane as required by the Real Estate Division, Department of Community Services. 4. Improvements along Wayman Lane as requiYed~by the Engineering Division of the Department of Com~unity Services. 5. City water and sewer as required by the Health Department. 6. The developer's participation in the school site acquisition as required by the School Board. 7. That the applicant observe and keep out of the buildable area any flood plain. 8. That the construction of the buildings be such as to provide the maximum sound proofing in keeping with regional construction practices. 9. That contracts for rental or sale of these apartments include a provision with a warning to the tenant or buyer that the property is in "Noise Zone Three". . I IO. That all off-site public improvements required for this project including traffic signalization or a portion of the cost of traffic signalization and sewer pumping station be paid for by the developer. ~. I I , . ',' I; I . I ITHt #5460 Appllcat10n of Acquisition, Inc., -for a Use P_t~nn'\.!. to construct 600 motel efficiency condominiums on certain property extending between Holly Road and Pacific Avenue across from 40th Street, running a distance of 406.50 feet along the West side of Pacific Avenue, runn'ing a distance of 908.03 feet along the Northern property line, running a distance of 376.50 feet along the East side of Holly Road, and running a distance of 852.79 feet along the Southern property line: Said parcel contains 7.647 acres. (Cavalier Hotel-Galilee Episcopal Church Area). VIRGINIA BEACH BOROUGH. The Planning Commission recommends approval of this request subject to City water and sewer required by the Health Department and a dedication of right of way 30 feet from the center line of the existing right of way along the 376.50-foot more or less frontage on Holly Road -required by the Real Estate Division. The Engineering Division requires standard site plan review ~ihich shall include pave- ment widening, curbs and sidewalks and storm drains as necessary along Holly Road; sidewalk along Pacific Avenue shall be provided and entrances shall be a minimum of 30 feet. The motion for approval suggests participation in sChool site acquisi- tion.' . . CITY COUNCIL WAS ADVISED BY THE CITY ATTORNEY THAT IT WAS NOT NECESSARY TO ISSUE A USE PERMIT RELATIVE TO THE APPLICATION OF ACQUISITION, INC. TO CONSTRUCT MOTEL-HOTEL EFFICIENCY CONDOMINIUMS ON CERTAIN PROPERTY EXTENDING BETWEEN HOLLY ROAD AND PACIFIC AVENUE ACROSS FROM 40TH STREET (CAVALIER HOTEL - GALILEE EPISCOPAL CHURCH AREA) VIRGINIA BEACH BOROUGH, AS THE SUBJECT PROPERTY HAS BEEN ZONED MOTEL-HOTEL AND THEREFORE, DOES NOT REQUIRE A USE PERMIT FOR SUCH CONSTRUCTION. " I ITEM #5461 Application of the City of Virginia Beach to amend the Motel-Hotel (M-R) District. Section Ill. of the Master Zoning Ordinance of the City of Virginia Beach (Virginia Beach Borough). More detailed information is available in the Department of City Planning, Office of the City Clerk and the Virginia Beach Branch Library. - "-I The Planning Commission recommendation is unavailable at this time as the proposed amendment baa been deferred by the Planning Commission until the Public Hearing of February 13, 1973." CITY COUNCIL DEFERRED CONSIDERATION OF THE ABOVE APPLICATION OF THE CITY OF VIRGINIA BEACH TO AMEND THE ~10TEL-HOTEL (M-H) DISTRICT, SECTION III, OF TH~ MASTER ZONING ORDINANCE OF THE CITY OF VIRGINIA BEACH (VIRGINIA BEACH BOROUGHj : AS THE PLANNING COMMISSION RECOMMENDATION IS UNAVAILABLE AT THIS TH1E AS THE PPOPOSED AMENDMENT HAS BEEN DEFERRED BY THE PLANNING COMMISSION UNTIL THE PUBLIC HEARING OF FEBRUARY 13, 1973. ~ "Vo ,ITEH # 5462 ". Mr. Worth Womble relative to a rclC'3se plClt for recreation reservation for Shannon Subdi vision, On ~otion by Councilman Rhodes, seconded by Councilman Waterfield, and by recorded vote as follows: IfI-l . es: Councilmen John A. Baum, Robert H. Callis, Jr., ~fayor Robert B. . I omwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. ~1urray Malbon, .J. Curtis Paync, Don;:lld H. Rhodes, and Floyd E. Waterfield, Jr. ' .' Nays: None Absent: Councilman George R. Fcrrell. Ci.ty Council approved the request of Mr. Wortll ~omble for a release plat fc'r recreation reservation for Sh~lnn(1n Subdivi sian and in licu thereof a dc!dication of a three ncre contiguous parcel fOT recrcRtion in thc Brii'adoon Sllbdjvision. ' I I ITEM #5463 Application of Tidewater Montessori School for a Use Permit to operate a day care center nursery on certain property located at the Northeast corner of Independence Boulevard and Hinsdale Street extending Easterly to Constitution Drive, and running a distance of 175 feet,alon9 the West side of Constitution Drive. Said request is to be conducted in a portion of '-f' the parcel now known as the property of Pembroke Manor United Church of Chri st. (Pembroke Area). BAYSIDE BOROUGH. . i Planning Commission Recommendation: A motion by tHe Planning Commission was passed for approval of a day care center nursery. Said motion is subject to the following stipulation: 1. City water and sewer (Health Department). Mr. Tracy Floyd appeared on behalf of the applicant. On motion by Councilman Holland, seconded by Councilman Rhodes, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald II. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman George R. Ferrell. .CI~L ty Council approved the above appl ica tion of Tidewater Hontessori School Ir a Use Permit to operate a day care center nursery on certain property lcated at the Northeast corner of Independence Boulevard and Hinsdale ~~reet extending Easterly to Constitution Drive, and running a distance of 1~75 feet along the West side of Constitution Drive; said request is to be conducted in a portion of the parc~l now known as the property of Pembroke Manor United Church of Christ (Pembroke Are~) Bayside Borough; subject to Clty water and sewer as required by the Health Department. ~. ITEM #5464 Application of Kay Francis Reid for a Use Permit to construct 14 apartment units on certain property beginning at a point 200 feet North of Brigadoon Drive running a distance of 100 feet a~ong the Vlest side of Pleasure House Road, run- ning a-distance of 220 feet along the Northern property line, running a distance of 100 feet along the Western property line and running a distance of 223 feet along the Southern property line. Said parcel is known as Lot 4, Plat of Property Ovlned by Bayside Corporation and, contains 22,150 square feet more or less. (Bradford Terrace-Chesapeake Beach Area). BAYSIDE BOROUGH. "-'1 Planning Commission Recommendation: A motion by the Planning Commission was passed for approval of a Use Permit for apartment units. Said motion is subject to the following stipulations: 1. The density shall not exceed 10 one-bedroom apartment units. 2. City "later and sevIer. (Health) . 3. Developer provide active recreation area. (Parks and Recreation) 4. Standard site plan requirements. A.10-foot drainage easement shall be dedicated to the City along th~ sout~ern property line. (Engin- eering) 5. Suggest participation in school site acquisition. , I II I Mr. Calvin Spai.n1 Attorney, appeared on behalf of the applicant. . Mr. Reid appeared on behalf of his own application. Mr. Vernard F. Wagner, Jr., Mr. J. H. Agles and Mr. A. L. Wood appeared In opposition to the above application. Councilman Baum made a motion, which was seconded by.Vice }1ayor Ervin, to .~\prove the above application of Kay Francis Reid for a Use Permit to '~!nstruct six (6) apartment units on certain property beginning at a point 1'0 feet North of Brigadoon Drive (Bradford Terrace-Chesapeake Beach Area) ~uyside Borough; subject to stipulations 2, 3, 4 & 5 as set forth in the Planning Commissions recommendations. Councilmai Holland offered a substitute motion, which was seconded by Councilman Rhodes, to approve the above application of Kay Francis Reid for a Use Permit to construct 10-one bedroom apartment units on certain property beginning at a point 200 feet North of Brigadoon Drive, Bayside Bo~ough; subject to the recommendations of the Planning Commission and further subject to an additional stipulation that the maximum footage per unit be 900 square feet. Recorded vote on the substitute motion as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman George R. Ferrell. '~stain: Mayor Robert B. Cromwell, Jr. " - .,1 ty Council approved the above application of Kay Francis Reid for a Use Permit to construct la-one bedroom apartment units on certain property beginning at a point 200 feet North of Brigadoon Drive running a distance of 100 feet along the West side of Pleasure House Road, said parcel is known as Lot 4, Plat of Property owned by Bayside Corporation and contains 22,150 square feet more or less (Bradford Terrace-Chesapeake Beach Area) Bayside Borough; subject to the following stipulations: 1. City wa~er and sewer as required by the Health Department. 2. Active recreation area being provided by the developer as required by the Department of Parks and Recreation. 3. Standard site plan requirements as requested by the Engineering Division of the Department of Community Services. "IJ' 4. A 10-foot drainage easement being dedicated to the City along the southern property line as required by the Engineering Division of the Department of Community Services. S. The developer's participation in school site acquisition. jl'-I 6. A maximum of 900 square feet per unit. . Spain indicated that the applicant would agree to a 900 square foot I ximum per apartment unit. ,'" II I ,. i II ,I ITEM #5465 (a) Application of Harold D. Pugh for a Use Pern~it for the sale and 'rental of- recreational vehicles on certain property located on the Southeast corner of Prince~s Anne Road and Arrowhead Drive, running a distance of 214 feet along the South side of Princess Anne Road, running a distance of 146.23 feet along the Eait side of Arrowhead Drive, running a distance of 212 feet along the Southern property line and running a distance of 160.62 feet along the Eastern, property line. Said parcel contains 33,496.9 square feet. (Arrowhead Industrlal Park Area). KEMPSVILLE BOROUGH. '-1 Planning Commi?sion Recommendation: A motion by the Planning Commission was passed for approv~l of a Use Permit for the sale and rental of recreational vehi~les. Said motion is subject to the following stipulations: 1. Servicing of the recreational vehicles is to be included. 2. City water and sewer. (Health Department) 3. Dedication of right of way 40 feet from the center line of the existing 30-foot right of way along the 214-foot more or less frontage on Princess Anne Road (25-foot dedication). (Real Estate) .' 4. ,Standard site plan requirements and the estimated cost of right of way improvements on Princess Anne Road shall be placed in cash escrow with the _City. (Engineering). Mr. Edward Caton, III, Attorney, appeared on behalf of the applicant. Mr. Harold Pugh appeared on behalf of his own application. Councilman Rhodes started to make a motion, then withdrew it. Councilman Malbon made a motion, which was seconded by Councilman Payne to approve the above application of Harold D. Pugh for a Use Permit for the .~ lIe and rental of recreational vehicles on, certain property located on the lutheast corner of Princess Anne Road and Arrowhead Drive (Arrbwhead · ...I.ldus trial Park Area) Kempsvill e Borough; sub j ec t to the following s t ipula- tions: Servicing of the recreational vehicles' 1. Servicing of the recreational vehicles is to be included. \~ 2. City water, and sewer as required by the Hea~th Department. 3. Standard site plan requirements other than curb and gutter. 4. Use Permit limited to four years from the date of issu~nce. ... 5. If the property is acquired by the leasee, the leasee agre~s to a dedication of right of way 40 feet from the center line of the existing 30-foot right of way along the 214-foot more or less frontage on Princess Anne Road, site plan requirements of curb and gutter and placing in ca~h"escrow with the City the estimated cost of right of way improvements on Princess Anne Road. 6. The applicant agrees to waive any claim' for compensation for condemnation within the term of his lease ,~tem 3 of the Planning Commission's recommendations was deleted] t. I corded vote as follow.s: Ayes: Councilmen John A. Baum, D. M~rray Malbon, and J. Curtis Payne. ~. Nays: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, CJarence A. Holland; Donald fl. Rhodes, and Floyd E. Waterfield, Jr. Absent: Councilman George R. Ferrell. The motion did not pass; therefore the applicatjon was denied. II I ,II I I T1:\1 it 5.1 ():; (b) On motion by Vice Mayor Ervin, seconded by Councilman Waterfield, and: b~ recorded vote as follows: Ayes: Councilmen John A. Baum, Robert II'. Callis, Jr., Hayor Robert B.. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A; Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None '~'sent: Councilman George R. Ferrell. ty Council voted to reconsider the application of Harold D. Pugh for a Use Permit for the sale and rental of recreational vehicles on certain property located on the Southeast corner of Princess Anne Road and Arrowhead Drive, Kempsvill~ Borough ITEH #5465 (c) On motion by Councilman Malbon, seconded by Councilman Gar~ner, and by recorded vote as follows: I Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., Vice Mayor F: Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Floyd E. Waterfield, Jr. Nays: Councilmen Robert H. Callis, Jr. and Donald H. Rhodes. Absent: Councilman George R. Ferrell. City Council approved the application of Harold D. Pugh for a Use Permit for the sale and rental of recreational vehicles on certain property located on the Southeast corner of Princess Anne Road and Arrowhead Drive, (Arrowhead '.'iustrial Park Area) Kempsville Borough. Said motion is subject to the 110wing stipulations: " I 1. Servicing of the recreational vehicles IS to be included. 2. City water and sewer as required by the Health Department. 3. That the estimated cost of curb and gutter for the lOO-foot, more or less, frontage on Princess Anne Road be placed, by the applicant, by surety in escrow with the City and said surety in escrow shall be released to theleasee if the subject improve- ments h~ve not been required by the City before the expiration of the four-year lease or in the event the leasee concels the lease prior to the expiration of the stated term. However, the deposit shall remain in escrow as long as Mr. Pugh is a tenant on the property or in the event he becomes purchaser of same. 4. The Use Permit sha}l.be valid for the life of the lease, which is for a term of four (4) years beginning from the date of this approval (January 22, 1973). '"r S. In the event the property is acquired by the applicant, he will make a dedication of ri~ht of way 40 feet from the center line of the existing 30-foot right of way along the 2l4-foot more or less frontage on Princess Anne Road (25-foot dedication) as required by the Real Estate Division, Department of Community Services [It is noted that Mr. Caton, Attorney representing the applicant indicated that Mr. Pugh agreed to the above dedications should he purchase the subject property.] 6. In the event that it becomes necessary for the City to condemn a portion of the frontage on Princess A:lI1C Ro;:!d for right of \vay improvements, the aprlic~lnt will voluntarily waive any participa- tion or claim any right for the value of the lease-hold interc'st. [The third stipulation set forth in the PLmning Commission's recommendatiolls rcquC'stin,l!: a 2S-foot ripht of way dedicJtion along pyj ncess Anne Hoad was clelctctl.] II I II I ,," ITEM 115466 Application of Nonni, Cohen, Clark and Weisberg for a Use Permit to construct 453 apartment units on certain property located North of Holland Road East of South Plaza Trail and West of Windsor Oaks Boulevard, running a dista~ce of 2305 feet more or less along the Southern property line, of which 320 feet is the North side of Holland Road, running a distance of 650 feet more or less along the Western property l!ne and runn!ng a d!stance of 2320 feet more or less along the. Northern prop~rty 11ne and runnlng a dlstance of 1000 feet more or less along the West side of Wlndsor Oaks Boulevard (proposed). Said parcel contains 28.3 acres. (Windsor Oaks West Area). KE~lPSVILLE BOROUGH. I Planning Commission Recommendation: I A motion by the Planning Commission was passed for approval of a Use Permit for apartment units. Said motion is subject to the following sti1ulayions: 1. The density shall not exceed 336 apartment units which/is based on 28 acres at 12 dwelling units per acre. 2. City water and seitter. (Health) 3. Standard site plan requirements. (Engineering) 4. 15% of total acreage is to be developed for active recreation by developer. (Parks and Recreation) 5. Suggest participation in school site acquisition. Mr. Douglas Talbot appeared on behalf of the applicant. On motion by Councilman Rhodes, seconded by Councilman Callis, and by ~~ecorded vote as follows: res: Councilmen John A. Baum, Robert H. C~llis, Jr., Mayor Robert B. "'J romwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. .Nays: None ;!l Ab.sent: Councilman George R. Ferrell. City Council approved the above application of Nonni, Cohen, Clark and Weisberg for a Use Permit to construct 336 apartment units on certain property located North of Holland Road, East of South Plaia Trail and West of Windsor Oaks Boulevard (Windsor Oaks West Area) Kempsville Borough. The motion for approval is subject to the following stipulations: 1. The density shall not exceed 336 apartment units which is based on 28 acres at 12 dwelling-units per acre. 2. City water and sewer as rcquested by the Health Department. 3. Standard site plan requirements as requcsted by the Engineering Division of the Department of Community Services. -I 4. IS% of the total acreage is to be developcd for active recreation by the developer as requested by the Department of Parks & Recreation. 5. The developer's participation in school site acquisition. ,.' 6. The drainage easement is not to excced 100 feet; however, the ultimate width will be determincd at the time of the site plan approval. II I ., i II I .- ITEH #S46'1 Application of Gertland, Inc., for a Use Permit to construct 555 apartments on certain property located on the North side of False Cape Parkway (proposed) and the East side of Indian Lakes Boulevard (proposed). Said parcel is known as Section M-l of Indian Lakes Planned Unit Development as shown on the Plat by Talbot, Wermers & Associates, Ltd., dated November 9,1972. Plats with more detailed information are available in the Department of City Planning. (Indian Lakes Area). KEMPSVILLE BOROUGH. .-1- Planning Commission Recommendation: A motion by the Planning Commission was passed for denial- of a Use Permit to construct 555 apartments. The motion for denial was based on the presenta- tion tp the Planning Commission on the original Planned Unit Development re- quest that there would be a minimum of two years, possibly three to five years before construction would be started on the apartments; single family tesi- dences would be built prior to apartments and townhouses. Mr. Douglas Talbot appeared on behalf of the applicant. Mr. Sam Houston, Sr. appeared in opposition to the above application. On motion by Councilman Rhodes, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Hayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None ~~sent: Councilman George R. Ferrell. ,ty Council referred back ~o the Planning Commission the above application "df Gertland, Inc., for a Use Permit to construct S55 apartments on certain p~opertylocated on the North side of False Cape Parkway (proposed) and the. East side of Indian Lakes Boulevard (proposed), said parcel is known as . Section M-I of Indian Lakes Planned Unit Development as shown on the Plat by Talbot, Wermers & Associates, Ltd., dated November 9, 1972 (Indian Lakes Area) Kempsville Borough and requested that the application be readvertised for the Planning Commission's agenda~ ITE1'1 # 5468 Application of Franklin E. Weigand, Jr., for a Use Permit to cdnstfuct 8 apartment units on certain property beginning at~ point 1130 feet'more or less West of Birdneck Road~ running a distance of 75.70 feet alonq the South side of Old Virginia Beach"Road, running a distance of 390 feet along the Eastern property line, running a distance of 119.90 f:eet along the Southern property line and running a distance of 316.90 feet along the Western property line. Said parcel contains 1734 acres and is kno\tln as Tract "G" of the James Ben Davis Estate. LYNNHAVEN BOROUGH. l~f!o<"'l Planning Commission Recommendation: A motion by the Planning Commission was passed for approval of a Use Permit to construct 8 apartment units. Said motion is subject to the following stipulations: 1. City water and sewer. (Health Department) 2. Suggest participation in school sitr acquisition. 3. Developer provide active recreation area. (Parks and Recreation) 4. Standard site plan rcquirements. A lO-foot drainage easement along the vlest property 1 ine sholl Le dedicated to the City with enclosed storm drain system as necessary. If marsh at rear falls undcr Wetlands Ordin~nce. any development encroach- ing on the marsh sllan rcC]uire neu-.",wy approvals. (Enaineering) II I 't,lr. Dudley Cocke appeaTed on behalf of the applic:mt. Mr. Franklin E. Weigand, Jr. appeared on behalf of his own <lpplication. On motion by Vice Mayor Ervin, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. .:blrays: None .l,sent: Councilman George R. Ferrell. City Countil approved the above application of Franklin E. Weigand, Jr. for a Use Permit to construct 8 apartment units on certain property begin- ning at a point 1130 feet more or less West of Birdneck ~oad, running a distance of 75.70 feet along the South side of Old Virgi~ia Beach Road, running a distance of 390 feet along the Eastern property line, running a distance of 119.90 feet along the Southern property line ~nd running a distance of 316.90 feet along the Western property line; ~aid parcel con tains 1734 acres and is known as Tract "G" of the Jame~ Ben D.. avis Es ta te , Lynnhaven Borough. Said motion is subject to the followi g stipulations: - I 1. City water and sewer as required by the Health Department. I 2. Developer's participation in school site acquisition. 3. Developer provide active recreation area as required by the Department of Parks and Recreation. 4. Standard site plan requirements. A IO-foot drainage easement along the west property line shall be dedicated to the City with enclosed storm drain system as necessary. If marsh at rear falls under Wetlands Ordinance, any development encroach- FI ing on the marsh shall require necessary approvals as required by the Engineering Division of the Department of Community Services. ITEM #5469 Application of Howard Johnson's Restaurant for a Use Permit for dancing and live entertainment on certain property located at-rhe Northeast corner of Atlantic Avenue and 37th Street, running a d.;stance of 150 feet along the North side of 37th Street, running a distance of 325 feet along the East side of Atlantic Avenue, running a distance of 150 feet along the Northern property line and running a distance of 325 feet along the Eastern property line. VIRGINIA BEACH BOROUGH. Planning Commission Recommendation: A motion by the Planning Commission was passed for denial of a Use Permit for dancing and l'ive entertainment. ' Mr. Lamar White appeared on behalf of the applicant. On motion by Councilman Callis, seconded by Councilman Gardner, and by recorded vote as follows: .A,:res: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. 'omwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, ClarencreA. .111and, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd ~. Waterfield, Jr. Nays: None Absent: Councilman George R. Ferrell. City Counc i 1 referred back to t]l(l Pl anning Comm i, S sian t.he above appl ica t ion of Howard ,Johnson's Restaurant fe ,( Use Pcrndt for d(lncing and live entertainment on certain propcrt\ !lJca-ted ;it-th.:~ Northeast corner of Atlantic Avenue and 37th Street, Vi rginLl J{C';!ch Borough. II I .\ . t... .~._10' .~ '. ~ " . " , ~ , . t , ........ .-, ~ :1~i ~ t' ITEM #5470 --I . Application of Idlewhyle Inn and Motel, Inc., for a Use Permit to construct 12 efficiency motel units to replace existing 19-unit structure totaling 35 units on certain property beginning at a point 50 feet North of 27th Street, and running a- distance of 100 feet along the East side of Atlantic Avenue, running -a distance of 158.65 fee~ along the Northern property line, running a distance of 100.74 feet along the Eastern property line and running a distance of 162 feet along the Southern property line. Said parcel contains 16,000 square feet more or less. VIRGINIA BEACH BOROUGH. was passed for approval J a Use Permit to Said motion is subject tp the following Planning Commission Recommendation: A motion by the Planning Commission construct 12 efficiency motel units. stipulation: 1. Standard site plan requirements. (Engineering) ~ASED ON A RULING BY THE CITY ATTORNEY, THE ABOVE APPLICATION OF 'IDLEWHYLE [NN AND MOTEL, INC., DOES NOT REQUIRE ANY COUNCIL ACTION AS THE APPLICANT - [S REQUESTING A USE PERMIT FOR A REDUCTION IN THE NUMBER OF UNITS PREVIOUSLY \PPROVED. ITEM #5471 (a) "....'1 , Thomas C. Broyles, representing the applicant, Roll "R" Way Rinks, Inc., ~ilted that he had contacted the land owner, Mr. W. W. Oliver, through his Legal council to see if he would make a IS-foot dedication on Pleasure House {oad and also a 20-foot drainage and utility casement dedication along the ~orthern property line. Mr. Broyles had, in hand, a letter from Mr. Oliver ;tating that he would not renegotiate his lease, which has been in existance for ten-years nor agree to make the dedications requested. ~ )n.motion by Councilman Payne, seconded by Councilman Waterfield, and by recorded vote as follows: \yes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. :romwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. folland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd 3. Waterfield, Jr. 1;1aIs: None \bsent: Councilman George R. Ferrell. :ity Council voted to reconsider the application' of Roll "R" Way Rinks, In:. for a Use Permit to operate a roller skating rink on certain property lo:ated on certain propcrty beginning at a point 330.39 feet North of t""': tory Road, and runnin;g a d i stance of 240 fee t along the Eas t s ide of I ~asure House Road, Bays ide Borough. .ff II" ~i . II I ITEM # 5471 (b) Application of Roll "R" Way Rinks, INc., by Thomas C. Broyles, Attorney, for - a Use Permit to operate a roller skating rink on certain property located on certain property beginning at a point 330.39 feet ~orth of Victory Road, running a distance of 240 feet along the East side of Pleasure House Road, running a distance of 265 feet along the Northern property line, running a distance of 240 feet along the Eastern prorerty line and running a distance '-1 of 265 feet along the Southern property 1 ine. Said parcel contains 1.45 more or less acres. (Bradford Acres Area). BAYSIDE BOROUGH. , I Planning Commission Recommendation: A motion DY the Planning Commission was passed for approval of a Use Permit to operate a roller skating rink. Said motion is subject to the following stip- ulations: 1. City water and sewer. (Health) 2. Standard site plan require~~ts. (Engineering). - 3. Waived the l5-foot dedication requested on Pleasure House Road inas- much as the property is leased by the applicant. (Real Estate) On motion by Councilman Holland, seconded by Vice Mayor Ervin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. . Holland, D. Murray Malbon, J. Curtis Payne, Donald II. Rhodes, and Floyd E. Waterfield, Jr. Nays: None #-'! sent: Councilman George R. Ferrell. '. I ty Council approved the above application of Roll "R" Way Rinks, Inc. for a Use Permit to operate a roller skating rink; subject to the following stipulations: 1. City water and sewer as requested by the Health Department. ,. 2. Standard site plan requirements as required by the Engineering Division of the Department of Community Services. 3. Waived the IS-foot .dedication requested on Pleasure House Road and the dedication of a 20-foot drainage and utility easement along the northern proJ;r:rty line. ITEM /f5472 . . fr. Grover Wright appeared before City Council to explain the Marketable 'itle Act. In motion by Vice Mayor Ervin, seconded by Counc~lman Baum, and by recorded ote as follows: ~~s: Councilm~n John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Dwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. ~I land, D. Murray Malb6n, J. Curtis Payne, DonaJ.d H. Rhodes, and Floyd . Waterfield, Jr. ays: None /' bsent: Councilman George R. Ferrell. ity Council adopted the following resolution pertaining to a Marketable itlc Act and to request the General Asse~bly to consider enactment of such . n Act at its present Session:. II I The regular In<'eting of the Council of the City of Virginia Beach, Virginia, Has held in the Council Cham:)e)~s of the Adminis- tration Building of the City on January 22, 1973, at 2:00 o'clock p.m.- On motio~ by ~1t". Ervin and seconded by Hr. Baum the following resolution was unanimously adopted. '[ , ! . I RES 0 L UTI 0 N Requested by: Councilman Rei'd Ervin WHEREAS, it is the opinion of the Council of th~ City of I Virginia Beach that a Marketable Title Act is desirable in the Commonwealth of Virginia; and lV'HEREAS, such an Ac t would tend to simplify land transactions within the jurisdiction of the City of Virginia Beach. THEREFORE BE IT RESOLVED BY THE COUNCIL OF TIill CITY OF VIRGINIA BEACH: ---I That the General Assewbly is requested to consider enactment of a Harketable Title ,Act at its present: Session. , I BE IT FURTHER RESOLVED that the City Clerk is directed to _ forward a copy of this resolution to each member of the General Assembly representing the City of Virginia Beaph. ITE1-.1 #5473 )n motion by Councilman Halbon, seconded by Councilman Holland, and by ~ecorded vote as follows: ~es: Councilmen John A. Bau~, Robert H. Callis, Jr., Mayor Robert B. :romwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. 10:: land, D. Hurray Malbon, J. Curtis Payne,--Donald H. Rhodes, and Floyd :. Waterfield, Jr. lays: None ~~~nt: Councilman George R. Ferrell. --I y Council approved the following Deed of Dedication from Sears, Roebuck Co., pertaining to a right-turn lane on Independence Boulevard at '~Ltbroke Mall Shapp ing Center: ,- II I '-1' - i .1, --I . 1 ll1Ji"<'1 "I , i ;II --.. '! f'~ . . -..',." "'" . 0" ." .... .f .'.~: . , . .... . - -.;: - . . I !' .. , '- ". ., . ", -. THIS DEED OF DEDICATION MrD GIFT, made this - 20th day of November , 19 72, by and between SEARS, ROEBUCK AND CO., a New York corporation authorized.tQ do business in th~ State of Virginia, first '. . party, and CITY OF VIRGINIA BEACH, second party, WITNESSETH: , I WHEREAS, the second part.y desires certain p~o:perty shown on a plat t I I entitled "Dedication of Property for Right - Turn Lane on Independence I ' Boulevard at Pembroke Mall Shopping_ Center," for use as a public right-of-wa~r, all for the benefit of the general public and can acquire same or similar property in the area by condemnation and by the exercise of the power of eminent domain; and WHEREAS, the first party iq vlilling to-voluntarily transfer, contri- bute, dedicate and.donate the property dedicated herein to the second party in lieu of condemnation proceedings primarily for the benefit of the general public; 1'- ,NOW,_ THEREFORE, in c.onsideration of the premises, the first party does hereby GRANT, DEDICATE, TRANSFER, CONTRIBUTE and CONVEY unto the second party with SPECIAL WARRANTY of title, follovling described re?-l property, to- wit: "':',1;1'- ~....- ALL that certain parcel"or piece of land designated as "Strip of Property to be Dedicated to the City of Virginia Beach for street arid llighvray Purposes" on that certain pJ o.t dat8d ,July 1972 as revised August 18, 1972, enti tIed "Dedication of ProTlerty for Hie;ht - 'rurn Lane on Independence Boulevard at PcmbroJ~e ~1a11 Shopping Center, Bayside 1\or01.1011, Virc;ini.3. Beach, Vir[';inia," ma.cle by Harsh and 1'.3.~c::i8r, Conslllt:i.nf, Enc~1 neers - ;.urveyors, said }11n. t bci.n"~ l'ccord';d in the Clerk t s Office of t11e Circlli t Court of the CHy of Virg:i.nia Beach simultaneously herewi th' ,r" , 1'1' BE:mG [l Vlri; of t,11,\ :::mv; )))"o}"'c:l'f-,y conve:n'rl to the f:i r:-:1', party 11Y- (1(,,:'<1 Iht0d ,)::nWll';: (l, 1:\'): and duly recorded :i n the nfo!'L';:a:i d C.Lcl'l~':; (;f'fj ce j n h:(~cl !IO:)}: is}(), at IJ'lifC . . t\ . ..1 )3<.). II I '-1"- I I I .1, " '-I . I i'''''''1 " III I 1- 1/] 3 In' _ I {l~ If,C:J (" -, . :'; 1_' 0' --~r ..(.:.. . ,. WITNESS the fo1lowine signatures and seals. , ., ATTEST: ('S"7" T ) Lr~_! SEARS, ROEBUCK AND CO. "fl/~/ ~ // / ~ ;('Iit .'{.,;( ( _" (r' L. S. 'Mc Yelland, Secreta-y k~ Vice President ')6 I Vrf V~ STATE OF ILLINOIS COUNTY OF COOK, to wit: I , ! I, Elizabeth G. Buvelot a Notary Public in and for the I County and state aforesaid, whose commission expires on the 27th day of :.. ':'June , 1976, do hereby certify that J. F. Kincannon and' L. S. McClelland, whose na~mes are signed as Vice President and Secreta~i, respectively, of Sears, Roebuck and Co. to the foregoing writing bearing date on the 20thday of November . , 19 72, have severally ackno':7lei,::'?-::, the same before me in my County and state aforesaid. Given under my and and notarial seal this 17th day of November , 19 72. III #' e~ LL ~ di . .~ 6 ~ ~2(Sf:0 q :;~~ / () Notayubl~c. ,"- II I . I II ITEH #5~74 On motion by Councilman Holland, seconded by Councilman Rhodes, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert JI. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. .~i'lYS : None kJ?sent: Councilman George R. Ferrell. City Council approved the following Ordinance appointing Viewers relative to closing a portion of Greenfell Avenue in Bayside Borough:, . I ORDINANCE APPOINTING VIEWERS WHEREAS, Elizabeth T~ Overcash, sOle! surviving executrix of the Estate of R. E. Townsend, dec~ased, has given . I I due and proper notice, in accordance with the statutes for such I cases made and provided, that she would on this day apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would .~' result ftom the discontinuing of "the hereinafter described . I portion of Greenfell Avenue in the City of Virginia Beach, Virginia, and has filed such application with the said Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE ~ CITY OF VIRGINIA BEACH, VIRGINIA: THAT, C. C. Carrington, J. N. McClanan and G. L. Hanbury, II , are hereby appointed to view the below described property and report in writing to the Council on or before February 26th, 1973, whether in their opinion, any, and if any, what inconvenience would result from the discontinuing, closing and vacating of that part of Greenfell Avenue not heretofore closed, '......1 Virginia Beach, Virginia, and described as follows: , I That part of Greenfell Avenue as lies between Virginia Beach Boulevard on the south and Broad Street on the north and between Lots 1 througl1'19, inclusive, Block 31, and Lots 23 through 41, inclusive, Block 30, as shown on tho [lat of Euclid Place recorded in the Clerk's Office of the Circuit Court of the Ci ty of Virginia Bench, Virginia, in Map Book 4 at pages 62 and 63. II I . I II ITEM #5475 The viewerst reports from Messrs. Hanbury and McClanan recommended that StatiDn Street not he closed. fhe viewer's report from Mr. Carrington recommended ihat Station Street be ~'Dsed . . Ie Planning Commission recommended closure of Station Street. Mr. Phillip Denm~n, Attorney, representing residents from Lakeville Estates, requested that Station Street be closed. On motion by Councilman Rhodes, seconded by Councilman Baum, and by recorded vote as follows: ~yes: Councilmen John A. Baum, Robert H. Callis, Jr., ~1ayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. ;{olland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd 6. Waterfield, Jr. '~ays : None \bsent: Councilman George R. Ferrell. ~ity Council approved the following Ordinance relative to closing a portion >f Station Street in Kempsville Borough; subject to the retention of all Itility easements and pedestrian and bicycle traffic being permitted useage ~'said portion of Station Street: iii. I ORDINANCE CLOSING, VACATING AND DISCONTINUING STATION STREET, CITY OF VIRGINIA BEACH, VIRGINIA . WHEREAS, proper notice that Larry.E. Walter and Rebecca Garrison Walter, husband and wife, et als, will make application to th~ City Council of the City of Virginia Beach, Virginia, to have the hereinafter tcscribed Station Street closed, vacated and discontinued as a public street of the City of Virginia Beach, was duly posted; and WHEREAS, the land proprietors affected thereby have been l~""-'" duly notified; and MJEREAS, said application was made to the City Planning Commission and to the City Council of the City of Virginia Beach / J and pursuant to the statutes in such cases made and provided, the Council appointed viewers wKo hale reported to the Council that no inconvenience to the public or to private individuals I would result from such closing, vacation and discontinuance; and II I ....' WHEREAS, the City Planning Commission after proper notice and hearing, has reported thereon to the Council; and WHEREAS, it is the judgmcn t of the_ Council that said '. -I, Station Street should be closed, vacated and discontinued; now, therefore, 11~' BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the said street located in the City of Virginia Beach, Virginia and hereinafter described, is hereby closed, vacated and discontinued as a public street of the City of Virginia Beach, Virginia, said street not being needed for public use and travel: '-,') That certain road, known as Station Street, as set out in red on the plat entitled "Subdivision of 'College Park' Section Two", duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 76, at page 47, and with reference to said plat being more particularly bounded and described as follows, to-wit: .,J ~ .. ~, ~,' ~;i ~' "-'1 I I , II I '--1" .,-,-, ''''''1'' . 1_ ",-I I, I il I Beginning at a point in the eastern line of College Park Boulevard as shown on said plat~ which point also marks the southwestern corner of the area marked "Greenbelt 'K'" on said plat, and from said point of beginning running thence along the southern line of said Greenbelt K, which line is also the northern line of Station Street, on a course N. .620 37' 05" East a distance of 835.78 feet to a point marking the northeast corner of Station Street; thence turning and running across Station Street on a course S. 290 13' 00" East a distance of 30.02 feet to a point marking the southeast corner of Station Street; thence turning and running along the southern line of Station Street on a course S. 620 . 37' 05" West a distance of 926.53 feet}, more or less, to the southwest corner of Station Strdet, where the same is marked by the intersection of ~he southern line of Station Street with the wester~ line of College Park Boulevard; thence turning and running, along the said western line of College Park Boulevard on a curve to the right, having a radius of i19 54.86 feet, an arc distance of 30.02 feet, morc or less, to a point in the western line of College Park Boulevard; thence turning and running across said College Park Boulevard on a course N. 620 37' OS" East a distance of 90.75 feet to the point of beginning. Section 2. This closure, vacation and abandonment of Station Street is granted expressly subject to any and all prior easements, if any, previously held by the City of Virginia Beach over, across or under said Station Street, which easements are hereby specifically retained by said City. It is further expressly understood that the closure, vacation and abandonment '" of Station Street, as hereby ordained, shall not, in any way, operate to close, vacate or abandon any portion of any other dedicated City street intersecting with said Station Street. Section 3. That this closure, vacation and abandonment of Station Street is granted expressly subject to the condition that the closed, vacated and abandoned street shall not be obstructed in any way by the abutting land owners and shall be preserved for use by the general public as a public easement for ingress and egress by foot and muscle-powered bicycle. It is expressly understood that the area of Station Street ~o closed, vacated and abandoned shall not in any way be used by ~ny type of motor vehicle, inclu~ing motorcycles and mini-bikes. ,I II I j: .1 II I "\ Ii It "1\ I I "".L Section 4. That thirty (30) days after this date a copy of this Ordinance, certified by the Clerk be spread upon the public records of the Clerk's Office of the Circuit Court of this City and indexed in like manner as a deed to land. Adopted by the City Council of the City of Virginia Beach, '''"''1'\ Virginia, on the 22nd day of January" , 1973. ITE1'1 #5476 I The viewers' reports from Messrs. Hanbury and McClananrecommended that t. Josephine Crescent not be closed. Mr. Carrington and the Planning Commission recommended closure of Josephine Crescent, subject to a 20-foot utility easement being retained by the City. ," n., Mr. Edward Caton, Attorney, representing residents of Avalon Hills, appeared before City Council requesting closure of Josephine Crescent. .-r" a, l On motion by Councilman Rhodes, seconded by Councilman Callis, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. ~Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne; Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman George R. Ferrell. City Council approved the following Ordinance relative to closing a portion of Josephine Crescent in Kempsville Borough; subject to retention by the City of a 20-foot utility easement: 1'",",'1 in I , I It II I I II CITY OF VIRGINIA BEACH (ORDINANCE OF VACATION , "J AN ORDINANCE V ACA TING AND DISCONTINUING A PORTION OF JOSEPHINE CRESCENT LOCATED AT THE SOUTHERN EXTREMITY OF THE CUL...DE...SAC OF JOSEPHINE CRESCENT, BOROUGH OF KEMPSVILLE, CITY OF VIRGINIA BEACH, VA. .....,', WHEREAS, proper notice of the intended application of Warren J. O'Connell and Vivian Haddock, by counsel, to be presente1 to the City Council of the City of Virginia Beach on the lIth day of Detm~er, 1972, and for the vacation of the hereinafter described parcel in the City of ! Virginia Beach, Virginia, was on the 21st day of November, 1972, duly posted at the Court House of the Circuit Court of the City of Virginia Beach, Virginia, and at two other public places in the City of Virginia Beach, Virginia, in conformity with the manner prescribed by Code of Virginia, """1 ~15. 1-364, for the institution of proceedings for the vacation of a public j,:. I street; and WHEREAS, said application was made to the City Council of the City of Virginia Beach on the 11th day of December, 1972, and in conformity 0: with the manner prescribed by Code of Virgini;3., ~15.1...364, for the conduct of such proceedings, the City Council of the City of Virginia Beach, Virginia, on the 11th day of December, 1972, which was more than 10 days after posting notice of the intended application as aforesaid, appointed C. C. Carrington J. N. McClanan. , and G. L. H an bury, I I , as viewers to view such street and report in writing whether in their opinion, any, and if any, what, inconvenience would result from discontinuing said p',....~1 portion and the viewers have made such report to the City Council of the It i City of Virginia Beach, Virginia; and WHEREAS, from such report a.nd other evidence, and after notice :ATON 8: WRIGHT ATTORNEYS AT LAW 11RGINIA BEACH, VA. I I I II I . to the land proprietors affected thereby, along the portion of the street proposed to be vacated, it is the judgment of the City Council of the City "-I" of Virginia Beach, Virginia, that these proceedings have been instituted, t.,j conducted and concluded in the manne:~ prescribed by law, and that the said parcel should be vacated and discontinued: NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: 1. That the following described portion of a street, in the Borough of Kempsville, City of Virginia Beach, Virginia, be, and the same hereby is, vacated and discontinued: '-1' All that certain portion of Josephine Crescent located at the southern extremity of the cul-de-sac of Josephine Crescent; said parcel is described as running a distance of 60 feet more or less along the northern property line running a distance of ~5 feet more or less along the eastern property line, running a distance of 70 feet more or less along the southern property line, and running a distance of 5 feet more or less along the western property line, as shown on plat of Avalon Hills in Map Book 49, at page 48. -. 2. This ordinance shall be in effect from and after thirty (30) days from the date of its adoption. ~ -3. A certified copy of this ordinance of vacation shall be recorded as deeds are recorded, and indexed in the name of the City of Virginia Beach in the Clerkrs Office of the Circuit Court of the City of Virginia Beach, Virginia,' at the expense of the applicants, Warren J. O'Connell and Vivian Haddock. , I ,- I I I II ~~ ":'"'r~ ~~~-~~'~r'~~""""''/: ~:r.~~' ;....,. '''., , . .-.:;,\:'''''':'''''lr~~'~Z!'D':"t_'-:.,..i~'' ITEH It S4 77 The viewers' reports from Messrs. Carrington, Hanbury and McClanan recom- mended that Beryle Avenue not be closed. The Planning Commission recommended closure of Beryle Avenue, subject to a 20-foot utility easement being retained by the City. Mr. Edward Caton, Attorney, representing residents from Avalon Hills, requestell ...."hat the proposed closure of a portion of Beryle Avenue be deferred. On motion by Councilman Rhodes, seconded by Councilman Gardner, and by recorded ~ote as' follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman George R. Ferrell. City Council deferred for two (2) weeks [February 5, 1973] consideration of the proposed closure of a portion of Beryle Avenue in Kempsville Borough. ITEH #5478 The viewers' reports of Messrs. Carrington, Hanbury and McClanan recommended that an unnamed street located east of Richland Drive, between lots 13 and ,~4, Avalon Hills, in Kempsville Borough not be closed. Ile Planning Commission recommended that an unnamed street located east of -*ichland Drive, between lots 13 and 14, Avalon Hills, in Kempsville Borough not be closed. Mr. Edward Caton, Attorney, representing residents of Avalon Hills, requested deferral of consideration of closing an unnamed str~et located east of Richlani Drive, between lots 13 and 14, Avalon Hills, in Kempsville Borough. On motion by Councilman Rhodes, ceconded by Councilman Gardner, and by recorded vote as follows: ~ Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None A~sent: Councilman George R. Ferrell. .~ity Council deferred for two (2) weeks [February S, 1973] consideration of Ie proposed closure of_an unnamcd strcet locatcd cast of Richland Drive, ~tween Lots 13 and 14, Avalon frills, in Kempsville Borough. ,. I I ,II II I ITH1 ff5479 . )n motion by Vice Mayor Ervin, seconded by Councilman Gardner, and by 'ecorded vote as fo110\\'s: ~yos: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. :romwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Iolland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, a nd Floyd ~. Waterfield, Jr. ~,~,.;rs : None sent: Councilman George R. Ferrell. [n the matter of David T. Levine and Barbara F. Levine vs. City of Virginia 3each, et als - ~aw No. 15221 A, Decree of Circuit Court of the City of lirginia Beach, Virginia, dated June 13, 1972) for a Use Permit to construct 384 apartment units on certain pro~erty located on East side of South ~ynrihaven Road beginning at a point on the East side of South Lynnhaven Road lcross from Silina Drive and running a distance of S55 feet along the East ;ide of South Lynnhaven Road, running a distance of 1070 feet along the '~orthern property line, running a distance of 1400 feet along the Eastern Jroperty line and running a distance of 1030 feet along the Southern property Line, Lynnhaven Borough; City Council, pursuant to the decree of the Circuit :ourt of the City of Virginia Beach, Virginia, entered June 13, 1972, Law No. L5221 A, hereby approves a Use Permit to construct 384 apartment units on the lb)ve described property subject to site plan approval by the Department of :::o:nmuni ty Services, City water and sewer, and dedication of easements and rii~ht-of-way as set forth by the Planning Commission minutes of February 9, 1971. ITEM #5480 :::ity Council deferred until February 5, 1973 consideration of the request of ~'e Mental Health and Mental Retardation Services Board that the City Council propriate $50,000 to cover the cost of th~ Initiation and Development grant, ~~ich would be partially offset by an increase in anticipated revenue from the Commonwealth of $25,000. ITEM #5481 ~t its meeting on November 27, 1972, City Council adopted a resolution endorsing the Southern Standard Building Code and its companion Gas and Plumbing Codes and the National Electric Code as the official State Codes. Fifty-one other Virginia jurisdictions, including the entire Hampton Roads area, also publicized their endorsements of the Southern Standard Codes. Thirteen Virginia jurisdictions favor the BOCA Code. The State Board of Housing has now publicized its intention to adopt the BOCA Code as the uniform st~t~wide building code and to require the repeal of all other conflicting codes, including Southern Standard. On motion by Councilman Baum, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cro~wel1, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. [I<? lland, D. Murray Malbon, J. Curt i s Payne, Dona Id II. Rhode s, and Floyd - 'Waterfield, Jr. ys: None Absent: Councilman George R. Ferrell. .-- City Council adopted the following Resolution r~questing the City's representa- tives to the General Assembly to support Senate nil] No. 612, Hhich will guarantee a two-year grace period for the Southern Stundard Codes for t}le transition to the BOCA Code: . III )1 I 1"\ 'I rr t 1<. r;I- / () RES 0 L UTI 0 N \'ftIEREP>.S, the League of Tidewater Inspectors at its meeting on August 31, 1972, has given due consideration to the Codes under consideration for a state-wide building code and has determined that the BOCA Basic Building Code is 'inadequate in fire protection in major buildings; and WHE?~AS, the construction requirements for residential buildings will be considerably less under the BOCA Basic Building code than required under our present Southern Standard Building Code; and --- --, ~iHEREAS, the Southern Standard Building Code which is used by a majority of the tO~NnS and cities in Virginia has been found to be an excellent code, easily understood and administered and incorporating all of the latest materials and methods of constr:uction. NOW, THEREFORE, be it resolved, that the city council of the City of Virginia Beach hereby recommends that the Southern Standard Building Code and its companion gas and plumbing codes and the National Electric Code be adopted as official state-wide Buildirg codes, and that administration and appeals concerning the Uniform State-wide Building Code be continued as a matter of local responsibility. /'1 " ,_______ / ~- ~ / './~~, ' "I / /- ~: /.-r4/,f.\~..,y."r~/,:" . (&~ - Robert B. Cromwell, Jr. ll/ Mayor ~ '--1:: Ii; T" I I ,II II I ~,- , - -, , ,- - - . \, ~'l ' ITEJv\ # 5482 ~n motion by Councilman Malbon, seconded by Councilman Holland, and by -recorded vote as follows: Ayes: Councilmen JohnaA. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwe 11, 'Jr., Vice t-1ayor F. Re id Ervin, Chari es W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman George R. Ferrell. During its recent studies of the Virginia Beach City Jail, the State Depart- ment of Corrections and Institutions recommended certain structural changes within the City Jail. To implement the recommendations, City Council approved the low bid for these improvements submitted by W. B. Meredith, II, Inc. in the amount of $11,000 and approved an appropriation of $13,880 to cover the bid amount and to make available $2,880 for architect's fees and contingencies. ITH1 # 5483 '-I"' n motion by Councilman Malbon, seconded by,Councilman Holland, and by recorded ote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. I-Jolland, D. Murray Malbon, J. Curtis Payne, .Donald H. Rhodes, and Floyd E. Waterfield, Jr. ('>. ~\ ays : None Absent: Councilman George R. Ferrell. City Council approved the following Resolution requesting the City of Norfolk to make a connection and to furr~~h water through a proposed water system, located at Colonial Oaks, Lynnhavcn Borough: . _/ ,J . - ,.....1" .--1 t1 , -;. ... ~{EnEAS, it is proposed by the City of Vircinia Beach, Virginia, at the roquest of 'Jr.., HI ';"C'C',lc'J'l. ('omrKil1jl. .9nc., to extend in proposed vater main in accordance with the oxisting contract bot\~en the City of Vireinia Bench and the City of Norfolk, in ('ILlnJln!~ r~D.r()(J{i/' ! , in the streets listed 8S follo.....s: I Size of Line~r p~~ Feet I I . ... t. J . .,\ ".r'; #o/.~ ,;..'!r...;.,;.(.... I ,- . For~ No. '1~" P:U.':36-2a . .._\ . ..,.1 A RFSOLtITlON REQUESTING THE CITY OF NORFOLK TO MAKE A CONNECTION PJlD TO FURNISH WATEH THROUGH A ",'< \:q{;., PROPOSED WATER SYSTFli, LOCATED AT -...f.(l{n/'j/lnJ , n" I,,,,, IN TIlE CITY OF VIRGINIA BEACH, F'UHTHEn DESCRIBED BELOW: II I ".;0 lil ~., .. Name ot Street .7 anq./.C'..U!ood .1 ~n~t 4" 525 Jang.f..ewooc1 J raAA.. 6" 2,270 n;O~I' Da'U\. CO[l-~t ,1 " 455 (J ~cM-6lJ- /lo.L! 0(1} PIace. 4" 110 me.adoU! cra~0 .t?oad 6" 2,035 mo~J. J.JoLtoUJ r.(r..c~ ,:] I' 175 Shadow cfall.Q. COIU,.t 4" 205 ]!?.t~1 I- )/o.l-fow ~Ua.jj. 4" 340 ,-, , lIaA~C'.~<\ rtlwJ 4" 425 r!/~,Q.~,{rlLJ J 6" 285 t<. ,I Par.w..dc Plac,Q. Lf" 160 6" 1,125 COVQ3'Qd :f.?r-i..d.r1 e '.'/a),1- 4" 435 ~~ J.Jwd,Q,~ I,.\- :"ood ~{!a( I- if" 435 t,~ ; 4';;': nO/.t.~rvLnlJ- .7loVQ .1 ~n-i.,t <1 " \1' 435 . ; 7llaurn-iJl4 .'ho v 0, J~aU (jH 285 ,:,..,t Oah I '0 Ut.t".p, .f'uip (j" 830 all as described and shown on plan entitled, No. of H.vdrantl . 3 1 1 J 2 r Q f f)! 1 .; rt r (l{j' 1 ~~ 9olul. r. <;,{,I....inQ (lllL! ,1<-'/10(') .(,1 Q.(\ Enginoers, r~Q \d" Q11m(>n;l~ J 1f.nn. . ' ~B.pr~~ared by V.{~n'{f\..{.a .'_,puc),_, Va.. -, ,,' , -:' .. F. em No. P.U: 36-2b , NOW. THEREFORE, IlE IT HESOLVF.D, th:lt the City of llorfolk he and it horeby ln, rcquo3ted to make u connoction of the propo:led water mains \lith the present mains of auld City at tho f>n:td designation, and upon c'Ompletion of the instnllation of the proposed maina, to supply water to 'conournere rooidinr, thoreon, it being exrre~G]Y undcrntood and agreod thnt the supplying of said water by the City of Norfolk shall be upon and subject to the following terms and conditionol 1. That the said water mains ahall be installed ~l nccordance with the epec1fications of tho said City of Norfolk and to tho. satisfaction of the Director of Public Works of aaid City, at no cost to tho City of Norfolk. '-I"~ jj. ,I 2. That the wAter so supplied throur,h said mnins to consumers shall be at the snme rate no....., or herenSter, chcu.tied by the City of Norfolk to consumers heyond the limits of suid City oimilnrly situated. , I J~ That all ordinances of the City of Norfolk nnd all rules and regulAtions of the Division of Wntor Supply of said City, now or hereafter adopted and put into effect, rclntinG to the furni::hin[ of water shall apply to the aupplyinG of \later through the said propoGed rnHin~. 4. That the aaid City of tJorfolk shan be under no ObligJtion to furnish more water than its distriLution s:n:;tmn as now lnid, with the pressure curried, \/ill deliver into said mains, and if the said supplying of \Ie ter shall not be in accordanco with the standard service, ,the said City of Norfolk shall not be held responsible in MY way. . 5. That in supplying water to consu~ers along the said proposed ma~a, the City of Norfolk will supply the srrme only from its surplus supply, and thnt in no event shall there be any obligation on the part of said City to oupply \later to MY consumers alone the proposed mains at any time when, in the judcement of the Council of the said City of Norfolk, the said City shall not have sufficient supply fpr use within its corporate limits, or whenever the nupplyine of said water sholl interfere with the discharge of the duty of said City to supply wnter to its own inhHbitnnts. .-, ., I 6. That from and after the installation of the water mains and hydrants they shall become the property of the City of Virginia Beach. The City of Virginia Rench shall LTant to the City of Norfolk the right to use such mains and hydrants for the supply of water, nnd further grants to the City of Norfolk ready and reasonable access to them. 7. That for ll11Y fire hydrant installed pt t.he request of t.he City of VirGinia Bench, a rental payment of One lhmdred Dollar"s ($100.00) a year tor each hydrant shall be paid to the City of Norfolko ADOPrED DY THE COUN~CIL of the City 0(, Vt:glnia P.oach, 11)l4,,{. day of (](; <(i'_' ";,; .. V1r)1~Q1a this 19,zL.. APPROVED: /) _/:) ,/ /...//7 ' / -// (- ,- // -- ~ Jj --- ",1"'/.// (:: _ /,7, -' ..' _~/ ,,_ ..:i / /' cO / ././' _ ~~ .,-'1'''!'r c'u~C//.~ r ," . ) { - /' ,""I A'rI' EST E 2 /' /1' iJ / / - ; I / L/yt L .{~I -//r / (~ lL_--' Cl~rk of the Council '/ /.; I I .,; II I i: -r , . ~ . ~... ,.. , ~ .,' . ITEM #5484 n motion by Councilman Rhodes, seconded by Councilman Holland, and by lecorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Ji., Mayor Robert B. Cromwell, Jr., V~ce Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D~ Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman George R. Fcrrell. As February 19, 1973 is a legal holiday, City Council directed the Planning Commission to advertise the zoning matters t}lat would normally come up on ~hat date for the Regular Council Meeting of February 26, 1973. ITEM #5485 On motion by Councilman Rhodes, seconded by Vice Mayor Ervin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. ~""I":romwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. folland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd . 1,3, Waterfield, Jr. Nays: - None .\bsent: Councilman George R. Ferrell. City Council adopted the following Resolution requesting that the General Assembly of the Commonwealth of Virginia dedicate to the City of Virginia Beach approximately 25 acres of what is thought to be State owned property on the western banks of the Lynnhavcn Inlet, directly adjacent to the south side of Lessner Bridge; 1:~ -.. ~'~ . f. .. ..r ,j f/ p~ ~~ .. , . . . , "-I 1Il-'1 ..,. I ..~' I ,II I ,; The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Clv,:mbers of the Administration Building of the City on January 22, 1973, at two o'clock p.m. On motion by Mr. Donald H. Phodes and seconded by J1r.F. Reid Ervin the following resolution was unanimously adopted: RES 0 L UTI 0 N WHEREAS, the U. S. Army Corps of Engineers maintains an inlet in the Lynnhaven River; and WHEREAS, such maintenance is on ~ bienni4l basis requiring I approximately 20 to 25 acres of spoil area; arid I WHEREAS, it is the responsibility of the City of Virginia Beach to provide for the U. S. Army Corps of Engineers sufficient spoil area in order to ensure continued Raintenance dredging; and t.JHEREAS, a permanent spoil area would not only allow for the maintenance dredging of the Lynnhaven Inlet, but, also, supply sand for municipal projects such as sand replenishment to the beach by truck haul, or borrow material for municipal highway projects. THEREFORE, be it resolved that the~City Council of the City of Virginia Beach will request that' the General Assembly of the Commonwealth of Virginia dedicate approximately 25 acres of State owned land on the Western banks of the Lynnhaven Inlet directly adjacent to the South side of the Lesner Bridge. If the General Assembly a'grees to such dedication, the City of Virginia Beach would perform the necessary survey in order to assist the Commonwealth in clearing title. ..' J. I I ., I II I '. ~ ITEH #5486 Vice Mayor Ervin indicated his feeling that Council should determine whether or not the City has any responsibility in connection with the maintenance of the spill-way on Trant Lake. ITEM #5487 t. -J Vi.ce Mayor Ervin requested the City Manager to have ~is staff formulate recommendations for Council's consideration on how to deal with the different dedications of right of way on future applications, particularly in situatiDns wh~re property is being leased. ITEM #5488 Councilman Gardner presented to the Councilmen, for their tonsideration, a proposed bill that he would like introduced at the General Assembly r(~lative to the sale and exhibition to minors of indecent publications, pictures and articles. ITEM ft5489 Due to a potential traffi~ hazard, Admiral McCain and Mrs. Deon appeared in opposition to the extension of East Oceanview Road into Sandy Bay Drive, which has been proposed to connect Chesapeake Beach with Baylake Pines. On motion by Councilman Holland, seconded by Councilman Rhodes, and by recorded vote as follows: '",,"'I' , yes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. H.Tomwell, Jr., Vice IvIayor F. Reid Ervin, CJ13.1'le5 W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman George R. Ferrell. :- City Council directed the City Manager not to require the proposed extension of East Oceanvie-w Road into Sandy Bay Drive as this connection would create a traffic hazard. ITEM #5490 Councilman IIolland,requested the City Manager to supply information indicat- ing the basis for the 20% tax on the service charge in addition to the 20% tax on the water about which he had receive~ complaints. ITm1 # 5491 ....(:ouncilman Holland informed Council of the possibility that St. Brides Farm ight be turned into a Juvenile Rehabilitation Center and requested Council o consider thc possibility of p~rticipation with the State and other cities · .I.n the area in the formulation of this facility, should it be determined that a post-sentencing centcr is needed. ITHf # 5492 ~/r. Wilson Chnplin appeared beforc Ci ty (ounei:! requcsting that Council Tcconsider and adopt a ltcsolution support-ing ](,ca1 option for pari-mutual betting. I I III II I .....,.....}11~. ,.,.... . '. , ITEH # 54'93 On motLon by Councilman Holland, seconded by Councilman Payne, and by recorded vote as {OllowS; Ayes: Councilmen John A. Baum, Robert II. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malhon, J. Curtis Payne, Donald H; Rhodes, and Floyd ~-, Waterfield, Jr. lYS: None Absent: Councilman George R. Ferrell. Ci,ty Council not~d its intention to hold a closed meeting on February 5, 1973 for the purpose of discussing items permitted for discussion under the Freedom of Information Act of the Commonwealth of Virginia. ITEM #5494 seconded by Councilman Malbon, and by unanimous Robert B. Cromwell, Jr., Mayor City of Virginia Beach, Virginia '-'nuary 22, 1973 {' I ~ .,. "~"I