HomeMy WebLinkAboutMARCH 12, 1973
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MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
March 12, 1973
The regular meeting of the Council of the City of Virginia Beach~
Virginia was held in the Council Chambers in the Administration
Building in the Borough of Princess Anne, on Monday, Harch 12, 1973,
at 2:00 p.m.
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, The invocation was given by the Reverend Emory S. El~more,
Anne Methodis t ctU;fch ,.~irg_inia. Beach, Virginia. I
~C.gbl~~~jl_~en_p!,esertt: John A. Baum, Robert H. Callis"Jr.,
Robert B. Cromwell, jr., Vice Mayor F. Reid Ervin, G~orfe
Charles W. Gardner, Clarence A. Holland, D. r-1urray Halbon,
Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr.
Princess
Helyor
R~-F err e n--;-
J. Curtis
Absent ~----Non-e-- -
ITEM #5604
Mr--. Richard Kline, President of the Virginia Beach Chamber of Commerce-~-~
appeared bero-fe Ci tY_J::ouncil urging them to expedi te the signing of the
proposed water agreement between the--ei Ly uf 'Norfolic"'andthe- Ci ty of--
Virginia Beach-and expressed appreciation for the efforts which are
being-expenaed by the officials of the Ci ty i-n attempting to reach an
acceptable contractural agreement. He further stated that the efforts
of thisCi t;}L we r.e appreciated by the members of the Chamber of Commerce
and- the publIc in g~neral.
Mr. Kline further urged that a continued atmosphere of coopera ~ion==.
betw~:I'!~~t~_,~{)li tical subdi vis ions be maintained.
ITEM #5605
Th,e followiJlg persons appeared in support of the Department of the
Interi~r closing Back Bay National Wildlife Refuge to public vehicular
traffic:
Mr. Robert McCausland, representing the Old Dominion University
Chapter of ECOS, Inc.
Mrs. J. W. Sills
Mrs. Joan Skeppstrom, representing the Conservation Council of'
Virginia
Mr. C. D. Scully appeared in opposition to the City of Virginia Beach
becoming involved in'any legal action to keep the public right of way
along the Refuge Beach open.
Mr. Jack Etheridge appeared before Counci] regarding the efforts tl1:it
h~lve been mlldc by the'City of Virr~ini:l BelCh in proviJing llquatic food
to the Refuge for support of the wildLife and requested Council not to
take any action which woulclconflict with Pleasures prc'I'iously taken to
sustain the wildlife.
CTDf ;15606
Mrs. Mosley, representin~ the Tidewater Council of Boy Scouts of
American presented ~favor Cromwell with a certificate of commendation
for sUPP9rt of the Boy Scouts.
ITEM 1/5607
Mrs. Eleanor M. Smouse, representing the Girl Scout Council of Greater
Tidewater prcsentcd to Council a birthday cake to c~lebrate the sixty-
first birthday of thc Girl Scouts of America.
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\ ITEH If 5608
~fr. Charles cunnkn"-gham, renrescnting the Pcmbroke Headows Civic League,
appeared before ~ity Council and presented petitions (which are on file
in thc Office of the City Clerk) requesting the City to tak~ immediate
action to all~viate the facto~s which are causing contamin~tion in
Pembroke Lake and in addition killing aquatic life.
Mrs. Mary Frances !'1cGuire, appeared in support of Hr. Cunningham and
indicated that she had received a letter fron lfr. Geor-ge-Haftbttry,which
stated that part of the problel:l resul ted from the' -u'sc'ocfu the lake as -a-- --
run-off area for rain Hater from other areas. ,- '-~---:--~-<--:'- .
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City-Council requested
representatives of the
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~fr. Fl eming and ~rr. Hanbury to meet wi th th_.g;~~___. ~
Civic League of Pembroke i'!eadoHs and endeavor,
'ava-i-la.b.letO-- aIle\! ia te the cond i riol1S-:- -
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Coul\~'ilman Baum.noted, at this time, that a policy.shoufd be establishei
by~the City to determihe ownership and responsibility for such lakes as-
the ~ne presently giving difficulty in Pembroke Meadows.
(COUNCILMAN WATERFIELD LEFT THE COUNCIL CHM1BERS)
ITEM #5609
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 Rob~rt B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. ferrell, Charles l\'.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and
Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
Ci ty Council approved the ~Iinut('s of the l\cgular ~leeting of February 2 ( ,
1973, and the re:JdjIH~ of said ~[jnl1t('s dispensed \\'ith inasmuch as each
COLI n ci 1 m a 11 had a COP)' 0 [ the S II b j e c t 11l i 11 U t C' s b C' for chi III .
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ITEM #5610
On motion by Councilman Malbon, seconded by Councilman Baum, and by
recorded vote 8S follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Hayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Halbon, J. Curtis Payne, and
Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the Minutes of the Regular Meeting of March 5,
1973, and the reading of said Minutes dispensed with inasmuch as each
Councilman had a copy of the subject minutes before him.
I TE11 # 5611
On motion by Councilman Ferrell, seconded by Councilman Holland, 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, George R. ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and
Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Counc i 1 accepted the following Cert ifica te of the Secre ta ry of th.~
Commonwealth, certifying that the ordinance creating the Tidewater
Transportation District has been filed in hey office and that the sail
ordinance satisfies the requirements of law:
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OFFICE OF TilE
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(/, LOUISE JONAS) ACTING .. /~Y' !rY/I/Y r/(/I~/ (r I'J//II/I(/III~'eaCI/t:,
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rl/II'(I'IJ .)111';;. 'A~'0"; r/"~/~' .~'//~YlII'IIII'I./r/').)~}/~/~ra,J, r/fJ'
/htry ~y/)1/; $;// AN ORDINANCE TO CREATE THE TIDEWATER
TRANSPORTATION DISTRICT PURSUANT TO THE TRANSPORTATION DISTRICT
ACT OF 19n4 WAS FILED IN THIS OFFICE FEBRUARY 23, 1973, AND FIND
UPON THE BASIS OF THE FACTS SET FORTH THEREIN THAT SAID ORDINANCE
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SATISFIES THE REQUIREMENTS OF AFORESAID ACT.
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al..';fr;"/lIN/wrl ///;j 23rd I'k~y ~
February I 1'# I/f; /Irol'
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S~ction ~~-1 '-:If !~d~a.~ L!~~ r::s ?la;~r;2.j !:nit =~"J~~lo~:~~~ri~ -1S :.;hOl:n 0:1 ~h,~ Pl.3t ::~/
Talbot, l,!crlcrs ,'~ j',ssoc;atcs, Ltd., d'lt~"\d 1lov':'-:~'cr ~, 1972. Plats \,:ith norc
detailed infornation are available in the Dcpartriient of City Planning. (Indian
Lakes Area). KEIWSVILLE ~OROUGH.
Planning Commission Recommendations:
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^ motion by thr~ Plannin1 CO~1r;1Lsion \!as passed for approval 'of this request.
Said r.lotion is subject to the fo1lmling stipulations:
1. The us~ r,-:rr:lit -j 5 I,di fi :"'d to 12 units D~r acrn, or a total of 456
a:)artm;~:1t units, allurin1 cY'('dit for th~ c::!1t'-~rlinc of the lal~c and the
cl"......(...rl.;)'l..' 0'::: r:.)l~~ ('-"'\~l fl-.\-"l, :;-0.'.1 (n"l'::'\~""'~l~'''''''')
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2. The; bu-il:::T ::'1s a'T, -.:;rJ thi)t 1:0 !'ouihiiWl i1C~ri'jit \!ould b~ o~tainf?d for
the a:-~ilrt:. ".:nts until ,l.-:'~:~~l,t:/ 1, 1:'7~~..
3. St::,j,::'.,'1 si l'-::' :-h;l \'(';qil"_-~';ltJ to include sufficient rir;ht of \.'Cly
prov-1 c-:J for tL,:; :i~C~)8~(;\~: -i H ::',~'rc!'<~:lr10 at Fa 1 sa C2flC PurLL'u,y. (Engi r1ccr; n:;)
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S. 15 pe;r C::"lt cr t:~',..l :,C'\" - '; ;;; c'~'~'!c?lo~":J for active rccrcat-lon by
triC d:~\'.:;lr)er. (l\lrks and :,:!...:'.~:i:nn)
Mr. Douglas Talbot appeared on behalf of the applicant.
On motion by Councilman Rhodes, seconded by Councilman Ferrell, 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, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and
Donald H. Rhodes.
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Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the above application of Gertland, Inc., for a
Use Permit to construct 456 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
Wermers & Associates, Ltd., dated November 9, 1972 (Indian Lakes Area)
Kempsville Borough. Approval of this application is subject to the
following stipulations:
1. The use permit is modified to 12 units per acre, or a
total of 456 apartment units [a reduction from the
original request of 555 units], allowing credit for the
centerline of False Cape Parkway as required by the
Planning Department.
2. The builder has agreed that no buiJding permit would be
obtained for the apartments until January 1, 1974.
3. Standard site plan requirements to include sufficient
right of way provided for the proposed interchange at
False Cape Parkway as required by. the Engineering
Department.
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City water and sewer as required by the Health Department.
IS per cent of total acreage be developed for recreation
by the developer as required by the Parks and Recreation
Department.
6. The developer will provide to the)epartment of Recreation
the overall plan for the recrelltioaal use of the entire
Planned Unit Development.
7. The developer will maintain the lake until such time as the
Homeowners'Association is deeded it and the responsihility
for it.
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ITEH #5613
Application of G. J. Gulbranson by Edv/in C. !(~l1am. ^ttorncy. for a Challf'le
~f ,~orl!!:ill.. from Residence Suburban 01 ~;tri ct 3 (r~-S 3) (~,nd Lillited Con~fo~rci al
District 2 (C-l 2) to ;'iultinle Fami1~( !~esidr:ncc District U:-IIJ) and a Use
~:.mi~ to construct 224 apartments on certain property located on the--North
side of Providonce Pond at the intQ~section \rith Indian Rivnr Rand, running a
.-, distance of 818 feet r~ore or less aJo:v;. the :;orth siG~ of Providence P.oad,
rwning a dist~mce of l1S0 feet alOiYl t~l(~ Ei),<;Lrn prc;,orty line (;'ood:;tock
Elc;;;!)ntnry Sc;;(;ol), n:,ifl;nl a di~t:',iiCi: of :;;:] fc:t r:lc.:;(j the r:orthern nrct1~rtv
lin~ and runrdng a ui<x'lc:; of 1rl:i.;;:' f;. '.:. <11(",'1 t:,": :,';:.C:I'i1 prw)t:rtv' line. ~
Sa1 d paree 1 Ci:tili n<; L:;. G :::;~' ';3. C :x:d:;tocl~ U' :"'C~:lt~n~y :;Ch00 l-Cnrret:t 's
Corner l'rea). KC: .:;;:;':U.U: ,/J;:i.l:J':H. ' '
Plan:ling CCi:T.:ission rr:C:.l:':;.~':ndation:
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A r;z>tion by th::! P1Dimin1 Cc;;;~..,i$sicn \/::\5 pa<::cd for (::;1i.ll of this rQC)llest due
to U.('l. e,y;o:;"iti"n of t!~, t"v-:':.--!,-,',+" of' ~-~\" -,',~"'" "l~"':'(:':c t!l~t \''''lld I" -'~nr...t"d
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by th= proposed use viOuld sc:riously incri'\,"lso t;;... traffic hazdrd currently .-
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Mr. C. Clark Laster appeared before City Council on behalf of the
Attorney for the applicant requestjng deferral of consideration
of the above application for a period of one (1) week.
Mr. W. E. Reitelbach appeared before City Council requesting that
the application be considered at the present time.
On motion by Councilman Ferrell, seconded by Councilman Callis, and
by recorded vote as follows:
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Ayes: Councilmen Robert H. Callis, Jr., Hayor Robert B. Cromwell,
Jr., George R. Ferrell, Clarence A. Holland, D. Murray Malbon, and
Donald H. Rhodes.
Nays: Councilmen John A. Baum, Vice t1ayor F. Reid Ervin, Charles W.
Gardner, and J. Curtis Payne.
Absent: Councilman Floyd E. Wate~field, Jr.
City Council deferred for a period of one (1) week consideration of
the above application of G. J. Gulbranson for a Change of Zoning from
Residence Suburban District 3 (R-S 3) and Limited Commercial District
2 (C-L 2) to Multiple Family Residence District (R-M) and a Use Permit
to construct 224 apartments on certain property located on the North
side of Providence Road at the intersection of Indian River Road
(Woodstock Elementary School--Barrett's Corner Area) Kempsville Borough.
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ITEM #5614
Application of Nindsor Holland Corporat'ion for a Us'.? pnrl'lit to construct a
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sC\'fage pur:oin1 station on certain pr'operty lOCJtcd WI:) reet more or less
North of Holland Road on the ~'Jest side of Hindsor Oaks Boulevard. Said par-
cel is 75 feet by 40 feet, and contains 3000 square feet. (Windsor Oaks West
Area). KErlPSVILLE BOROUGH. .
Planning Commission Recommendation:
A motion by the Planning Commission was passed for approval of this request.
Said motion is subject to standard site plan nview. (Engineering).
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Mr. Douglas Talbot appeared on behalf of the applicant.
On motion by Councilman Ferrell, seconded by Councilman Gardner, 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, George R. Ferrell, Charles W.
''''"1' Gardner, Clarence A. Holland, D. Murray Halbon, J. Curtis Payne, and
Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the above application of Windsor Holland Corpora-
tion for a Use Permit to construct a sewage pumping station on certain
property located 1075 feet more or less North of Holland Road on the
West side of Windsor Oaks Boulevard; said parcel is 75 feet by 40 feet
and contains 3000 square feet (Windsor Oaks West Area) Kempsville
'. Borough. '
ITEH #5615
Ppp11c<1tion of ~'!onble and L1ct-,31d C:.:ildcrs. Inc. $ for a ct!il2:,:,e of Z(l:1il"~1 from
r.::sic;:::nce Suburban District 'I, ([~-S 11) to ;~ulti~llc F,l:xiiy i,;esidQnce District
(p.-:1) and Gt~neral Cc!::;,;crcial District 3 (C-G 3) on certain property located
South of Steilart Drive and the East side of Kempsville Read.
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Parcel A: Change of zoning from R-S 4 to C-G 3: Cc:qinning at a point 192.67
feet South of SteV/art Drive, running a distance of 2;:9.35 fret along the East
side or Kr.:mpsvil1e ROi::d, running a distance of S~1.19 fr:at along the Southern
property line, running a distance of 301.4~. fr;~:t along the Eastern property
line and running a distance of 857.11 feet n"long the ~;orthern property line.
Said parcel contains 5.044 acres.
Parcel B: Change of zoning from R-S 4 to R-:1: Beginning at a point 712.76
feet South of Stewart Drive, running a distance of 818.75 feet along the
Hestern property line of \'lhich 212.51 feet is the East side of Kempsville
Road. running a distance of 2092.2 feet along the Southern property line. runn-
ing a distance of 513.01 feet along the Eastern property line and running a
distance of 2065 feet more or less along the l~orthern property line. Said
parcel contains 17.987 acres.
Plats with more detailed 1nforr.mtion are available in the Department of City
Pl anni ng. (Country Haven l\rQa). KE: irSVILlE !3QF:OUG:I.
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Pl anni ng Commi S5 1 on ReCOl'1:1;enda ti on:
^ r.1otion by the Plannin9 Commission \'iJS passed for denia~ of this request due
to the opposition of the residents of the area and as tillS proposed use Nould
be in conflict with the Krnpsvil1e Oevelopr,1ent Plan \'lllich recommends 10\0./
density residential and agricuHural use of the subject property.
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Mr~ Montgomery Knight, Jr., Attorney, appeared on behalf of the
applicant requesting withdrawal of the above application.
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Mr. Grover Wright, Attorney for the residents in the area, appeared
in opposition to the above application and to the withdrawal of same.
Councilman Ferrell made a motion, which was seconded by Councilman
Callis, to allow withdrawal of the above application of Womble and
Liebold Builders, Inc., for a Change of Zoning from Residence Suburban
District 4 (R-S 4) to. Multiple Family Residence District (R-M) and
General Commercial District 3 (C-G 3) on certain property located
South of Stewart Drive and the East side of Kempsville Road, Kempsville
Borough. Recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr.,
George R. Ferrell, Clarence A. Holland, and D. Hurray Halbon.
Nays: Councilmen John A. Baum, Vice }1ayor F. Reid Ervin, Charles W.
Gardner, J. Curtis Payne, and Donald H. Rhodes.
Absent: Councilman Floyd E. Waterfield, Jr.
There being a tie vote, the motion was lost.
On motion by Councilman Baum, seconded by Councilman Gardner, and by
recorded vote as follows:
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Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Hayor F.
Reid Ervin, Charles W. Gardner. Clarence A. Holland, D. Murray Malbon)
J. Curtis Payne, and Donald H. Rhodes.
Nays: Mayor Robert B. Cromwell, Jr. and Councilman George R. Ferrell.
Absent: Councilman Floyd E. Waterfield, Jr.
City Council denied the above application of Womble and Liebold Builders,
Inc., for a Change of Zoning from Residence Suburban District 4 (R-S 4)
to Multiple Family Residence District (R-M) and General Commercial
District 3 (C-G 3) on certain property located South of Stewart Drive
and the East side of Kempsville Road, (Country Haven Area) Kempsville
Borough.
ITEM #5616
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^pplication of HONard Johnson'=; Restaurant for a Use Pf'mit for dancing and
1; ve enterta 1 nment on certa in property 1 oed tGd at t:;ic-),ortilcas t corner' of
Atlantic Avenue and 37th Street. running a dist~nce of 150 feet along the North
side of 37th Street, runnin(J a distance of 325 'feet alonq the East side of
Atl anti c Avenue. runni ng a d1 stflnc~ of 150 fent along the r.orthern property 11 ne
and running a distance of 325 feet along the Eastern property line. VIRGINIA
BEACH BOROUGH.
Planning Commission ncco~ncndat1on:
A motion by the Planning Commission was passed for aprr:,oval of this request.
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Mr. Lamar White appeared on Deh~lf of the applicant.
On motion by Councilman Callis, 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, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Ma1bon, J. Curtis Payne, and
Donald H. Rhodes.
''Nays: None
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Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the above application of Howard Johnson's
Restaurant for a Use Permit for dancing and live entertainment on
certain property located at the Northeast corner of Atlantic Avenue
and 37th Street, running a distance 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.
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ITEM #5617
-Arpl1c.1tion of Georqe U. Barnes for a C;"'nn~ of 7wiin'J fra:1 Retail Business
District (3-1) to General Cusiness ois:b;ic'rOj-2)-on-Eert('rin property beginn-
ing at a point 90.5 feet ::orth of 29th Street runnir.1 a d'istance of 49.5 feet
along the '..Jest side of J\tlantic Avenue, running a distc.ncQ of 258 feet along the
t'!orthcrn property line (20-foot all-2Y), runninq a distance of 49.5 feet along
the Hestern property Hne of t!hich 40 feet ;s th~ East side of Pacific ^venuc,
running a distance of 258 f('~t along the South2rn prC':;c~rty line. Said parcel
contains 11,474.25 square feet. VlkGI;lIJi. CEriCH BOROUGH.
Planning Comniss1on Recornendation:
A motion by the Planning Conmission \;as passed for approval of this request.
Mr. George W. Barnes appeared on behalf of his own application.
Mr. Dean Collins, Attorney for Gulf Stream Hotel, appeared in opposi-
tion to the above application.
Councilman Gardner made a motion to deny the above application of
George W. Barnes. There being no second, the motion was lost.
On motion by Councilman Halbon, 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, George R. Ferrell, Clarence A.
Holland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes.
Nays: Councilman Charles W. Gardner.
Absent: Councilman Floyd E. Waterfield, Jr.
."",
City Council approved the above application of George W. Barnes for
a Change of Zoning from Retail Business District (B-1) to Gen~ral
Business District (B-2) on certain property beginning at a pOInt 90.5
feet North of 29th Street, running a distaJ'ce of 49.5 feet along the
West side of Atlantic Avenue, running a di~tance of 258 feet along the
Northern property line (20-foot alley), rUJ.ning a distance of 49.5
feet along the Western property line of which 40 feet is the East siele
of Pacific Avenue, running a distance of 2~8 feet along the Southern
property line; said parc6l contains 11,474.25 sq\lare feet, Virginia
Beach Borough.
I I III ;;1
ITE~l it 5613
_~~~ ~ i C~ ,~,~;;, 0:, r;~'] ~:~ iT! ~;0 ;:':::~:,::::? ~ ~~;~:~ ,_~~: ;~ .~> ~'~:~ o!.. ~~"';,~:. ~~n~l
t\~rlCJI ,.,a1 ;..,$",1 .....l. ,d-") ..0 ,....1:..;;1,.. r~" 'J ,,~....,-, .,,,e ;.'I.,,;,:rlC;. \:,-,1)
and a Use Per~it to construct 12 a~Jrtr~nt units (C dunlexes) on certain
Pl~op{!rtYlocat<:d on the East side of i~orl'is ~:cck r\);d hcqinninq at a point
313 feet South of Stene Road, running u distanc~ of 3J7.4 feet along the
East s':de of r:0l41"'is rJrck Hoad, runnin('1 a distunce of S33.98 feet along the
Northcl'rl property -line, rUIi;;'jrl'; a dist~;ntJ of 334.7~3 feet along the Eastern
property line and running a distance of 473.1 fe0.t nlonq th2 Southern pro-
perty line. Said parcel contains 3.85 acres. PU;~GO IJO~OUGH.
'-1
Planning Cor-r.',ission r..~co:';~:;~r.nJJ.tion:
A l'iotion by the Pla;i:i1n'1 rn:::'is:-;io;l \.liJS
t;:"~ p~~:.,~i"{" .~: ~';"~i;;'; 0, ~:. <,
t : ,_~ t' r~: I ':~ ".' .~~:; !''';. ....,. :1 ~! l; ~ V .: 1 ." ; ..4 i :. I ~ ~ ;~;: i
r~ssrd for ~cnia1 of this request as
,. ,. <: :~OT; n'; ,,1<.1 is in co,n i ct \'i th
:- ..~.::; i., ti cu ltUlAJ.l L;: ':.
Mr. Maurice Ealy appeared on behalf of the applicant requesting a
deferral.
Mr. Billy Chaplain appeared in opposition to the above application.
On motion by Councilman Payne, seconded by Councilman Holland, and
by recorded vote as follows:
Ayes: Mayor Robert B. Cromwell, Jr., George R. Ferrell, Clarence
A. Holland, D. }1urray Malbon, J. Curtis Payne, and Donald H. Rhodes.
Nays: Councilman John A. Baum, Robert H. Callis, Jr., Vice Mayor
F. Reid Ervin, and Charles W. Gardner'.
Absent: Councilman Floyd E. Waterfield, Jr.
City Council deferred for a period of one (1) week the above application
of Farm View Apartments, Inc., for a Change of Zoni~ from Arigcultura1
District (A-R) to Multiple Family Residence District (R-n) and a Use
Permit to construct 12 apartment units (6 duplexes) on certain property
10ca ted on the Eas t s ide of r,lorr is Neck Road, Pungo Borough.
ITEM #.5619 (a)
, I
Application of Roger Cahoon and Leslie Terrv for a ~~~~r;.:1~ 9J. I~~ing. from One
Family Residence District (R-1) to j'iu1tiplc F('ir,dly h,,,::;idcnce IJist:nct (R-3)
and a Use Pct'mit to construct 36 apartment unit5 on c:;rtain property beginning
at a poTIi""f490 feet more or less South of florfolk I\vrliue (Southern Boulevard),
running a distance of 159 feet along the [(:st side of Indian Avenue.
Parcell: Use Permit to construct 36 apartment units: Beqinning at a point
490 feet more or less South of ~:'Grfolk Avenue (Sotlt:;~~rn Boulevard) and running
a distance of 159 feet along the East side: of Indiall tNenue, running a distance
of 449 feet along the Southern property lil1(~9 y'unninl1 a distance of 312 fc~t
along the Eastern property line and runninq a dist3ilCC of 271 f::?ct along the
Northern property line. Said parcel contains 2.G acr~s.
Parcel 2: Change of Zoning from R-1 to R-3: neqinninq at a point 490 feet
more or less South of Norfol k Avenue (SC!rUH::~~n Boul-;'/~inJ) and 68 fEet more or
less East of Indian l\vcnue, running a distJ.!ice of 2C)3 feot along the tiortl1crn
property 11ne, running a d-;stance of 27(, f(:.:'t a'lonl the [astern !)roperty line,
runn1 n9 a di stance of 120 f('et alone the ~ Ilth:'\'n Pt'\1~2rty 1 i na and runni ng
a distance of 351 feet more or le~s alontl the \:2stcTn property line. Said
parcel contains 0.9 acres anJ encor:~passes lln of that por'tion of said Use
Pennit reClucst that is currently in tile VirginL\ B~~\ch Borouqh.
Plats with more detailed information ar(~ avai1,u1e in the Departr.lcnt of City
Pl i (--. d 1 [\ ) lY'''II''\'f"<1 "dID \1'1 l"."'V/\ o.-nCII !~("nn'Jr.II'"
ann ng. ~jlJ. Oi-J uvl1l J.rca. :j.u!,li".~I~ ;'-,;,[ :\:"LH, LiU\ " u),,01 ,J..:>.
''''''I'
Planning CO:;}llission P.eco;r~ncndntioll:
l\ Fiotion by the P1anninl'} COii.:.;l:.sion I-filS IY'5sed for approval of this rrqu':st.
~.:dd 11;)tion is sub5:~ct to tlh' ful'lo,,(il:J ~',r.ipullltion,;:
I I ,II
..
1_1
1. The use penn1t is m,)dificd to 28 anilrtr'0nt units based on 2.6 acres.
2. The applicant shall net tJp into th~ S~adowlawn ~Jter supply but use
the existing lines th.:lt the a:lplic.:mt has stated \'!Ould be lIsed.
3. A o-f,.'ot pr-i':acy feme' 511(11] be cr~ct0d along the eastern property
line abutting the sinqlc f(llTiily arc,]. (Plti:minq)
4. St.:1:dJrd site plan rcquirt:,;~nts to indl'dc n::\'J pavement of 23 feet,
cur~ and q~lt!;:'r, s'l~f:ll~J;:s i'lnd ~tr;rTl drnin3 as n~:ce~";;ir'y alo~Y1 Indian Road.
If lntc~rnt.11 s':;'::r:t 1::; t') !:.~; ,11'.:; c,L"'; :,,!:';lic t"ll.'>,t ('f Hay, it shall be con-
t'tr""t""l t. ", ;'\' <':'; ,.;,O~:,_,'~ f,; ,'. "...;"...) ,
.. .,.... .t...... '.. L" '.' ,.'.. "..... ".. . \ , ,. J \ ,,'
5. A C 'IC".ti 0,1 of ;'i ...~Tt cf \' ,/ ')-,' Of H'r': l t7,'.~ cr:ntcr 1 i n~ of the
exist'b" :"!.,;. ',.( l'i:;,~ .:;~ .,:....," 'If;''', " .. .:~ i,.:.r~: or 1c:s:; frod::;r; on
11' """1 r"""",.. (l 1:1-"""""'1: <,',." i,'c'.. ..,..
"'., ,~', ~ ,. \.. J (l,.~', ~... .' .,. ... _., .: .
Mr. Leslic Terry appearcd on behalf of the applicant.
Mr. Calvin Davis appeared regarding improvements on Indian Avenue.
On motion by Councilman Callis, 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, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and
Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the above application of Roger Cahoon and Leslie
Terry for a Change of Zoning from One Family Residence District (R-I)
to Multiple Family Residence District (R-3) and a Use Permit to construc~
28 apartment units on certain property beginning at a point 490 feet mOT(~
or less South of Norfolk Avenue (Southern Boulevard), running a distance
of 159 feet along the East side of Indian Avenue.
Parcell: Use Permit to construct 36 apartment units: Beginning at a
point 490 feet more or less South of Norfolk Avenue (Southern Boulevard)
and running a distance of 159 feet along the East side of Indian Avenue,
running a distance of 449 feet along the Southern property line, running
a distance of 312 feet along the Eastern property line and running a
distance of 271 feet along the Northern property line. Said parcel con-
tains 2.6 acres.
Parcel 2: Change of Zoning from R-l to R-3: Beginning at a point 490
feet more or less South of Norfolk Avenue (Southern Boulcvard) and 68
feet more or less East of Indian Avenue, running a distance of 203 feet
along the Northern property line, running a distance of 276 feet along
the Eastern property line, running a distance of 120 feet along the
Southern property line and running a distance of 351 feet more or less
along the Western propcrty line. Said parcel contajns 0.9 acres and
encompasses all of that portion of said Use Permit request that is
currently in the Virginia Beach Borough. .
"""""I
Plats with more detailed information are available in the Department of
City Planning. (Shadowlawn Area). Lynnhavcn and Virginia Bea~h Boroughs.
.~
I I III 'I
.
Approval of this application is subject to the following stiptilations:
1. The use permit is modified to 28 apartment units based on 2.6 acres.
ItIfIIrJ'l
2. The applicant shall not tap into the Shadowlawn water supply but use
the existing lines that the applicant has stated would be used.
3. A 6-foot privacy fence shall be erected along the eastern property
line abutting the single family area as required by the Planning
Department.
4. Standard site plan requirements to include new pavement of 23 feet,
curb and gutter, sidewalks and storm drains as necessary along
Indian Road. If internal street is to be dedicated public right of
way, it shall be constructed to City standards as required by the
Engineering Division.
iiI,l.
S. A dedication of right of way 25 feet from the center line of the
existing 3D-foot right of way along the lS9-foot mor~ or less
frontage on Indian Avenue (a lD-foot dedication).
6. City water and sewer as required by the Health Department.
ITEM #5619 (b)
On motion by Councilman Callis, seconded by Vice Mayor Ervin, and by
recorded vote as follows:
f!'llO>'1
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. ~furray Malbon, J. Curtis Payne, and
Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr,
City Council added the following stipulations to the above application
of Roger Cahoon and Leslie Terry, which had inadvertently been left out
of the previous motion:
7. A minimum of 15% of the total acreage be provided by the deverloper
for active recreation.
8. Participation in school site acquisition.
''''''''1
-r I
~
I I I ,II
ITEM ,15620
Af'')'d,=~t1cn of~. I. ':int:;.'~? '=_~'<~r'-:: 7. (1:".,. II!. Attorn-:-y, for a (t'>_-:'1~~
9J. !;'):c~:.:l fr~J:n Rp.sid'~nce ;:'j:t;rb;m Jistrict :; (;:':-$ 3) to ~~u1tirl,'? Fa'111y-
Res1d,,:nce (R-t-l) and a Use Pcrnit for a 84-b~d nursincl care and residential
facility on certain pl'operty b0.Tinn1n~ at a point 941 feet more or less
\!est of First Colonial Road, t'unning a u-istJilCe of 1;25.73 feet alonq the
South side of Wildwood Drive, running a distance of 268.47 feet alo~g the
tJestern pro:;crty line, running a distance of 432.34 feet alonq the Southern
property line of ,,;hich 50.(A feet is the llorthern extremity of Oaillio Dr;ve
runnin~ a distance of 831.12 feet along the Eastern pro~erty line. Said t
purcel co;r;;~\ins 8.S1 acres. (General llo5pitnl of Virsinia neach Area).
LVr-::,::/\V:;1 BQi~JUr.~I.
P1 ann; ng COi~'.mi s s ion RCCo::1."1C;ndat lOn :
A motirn by the Pl;~nldn'J CO;;i":lissiG~l V.1S p;;ssC'd for ilTJproval of this request.
Said motion is subject -Co the follm-ling st'ipulnt'ions:
1. lbter and s,--;';-;r line fees \'cquircd. (ru~)l;c UtilH-jes)
? St''''tr'''I''d c-l'~." ol"n rc'-'!-:r~"'"'n-!-''' 4-0 -:...rl ,'. s+ "'d"" d t 1d
... v.J,,,,,"~ "v. t (, "IL I ',:",,; ...,>.. I ,l~ U((~ "3,, ~,\r pavemcn w en-
ing of 23 feet over'all t curb and ';uttf~r~ sL(:~Hlks and storm drains as
necessary shall he constructed i11::;;" \l"ilG':[)[jrJ Driv~. Th~ ditch a10nq the
eJ.stern sic!e of th0 prripC"rty s;',111 \;C~ r:;I'i,c:".J l;:-lth enclosed stom drains
(pipe) adcqllatcly siz~1 for all u~stre~m dr~in~~e calculated on expected
future runoff coefficients. A 2G-foot drain~~} casc~~nt alonq the eastern
property line and CO-foot dr(lina\'~ Ci?Sc:':,;;rc ;:,'10:1'1 tile slJuthsrn pro~c\.ty
1 ~ m~ shall be ~cdi cnt'2d to the City, Tile ditch a1onC') the? southern P~'OpCI"ty
1 Hie shull be 1rnproved to handl e expected ftrLure drair:c:qe. (EnSi l1ecY'i n'J)
3. A dedi cat; on of ri ght of \':ay 25 feet frcm the center 1 i nc of the
existing 3D-foot right of \;lay a10nq the 425.73-foot more or less frontage
on lJildwood Drive (a iCl-foot dedication). (ncill Estate)
4. City ~'Jater and SC'dcr. (ilealth)
5. The area back about GOO feet south of Ui ldl,:ood Drive is an old
borrow area and 2 to 3 feet of the soil hJS been rC::lOv(~d. This area has
gro\'ln back in pin(~s. r:ost of tho rc.~~:1"ininq portion, b~:ginnir:q 108 to 200
fc:;t back is either s'loping erod'ible soils OJ'' a IEl~ur(ll driiinagc\'Iay or flood
\:lay W;l i cll s hou 1 d be pro tocted .
Mr. Edward T. Caton, III, Attorney, appeared on behalf of the applicant.
On motion by Vice Mayor Ervin, 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, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and
Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
'f""""'
City Council approved the above application of H. I. Winter for a Chan!~E~
of Zoning from Residence Suburban District 3 (R-S 3) to Multiple Family
Residence (R-M) and a Use Permit for a 84-bed nursing care and residentia
facility on certain property beginning at a point 941 feet more or less
West of First Colonial Road, running a di~tance of 425.78 feet along the
South side of Wildwood Drive, running a distance of 868.47 feet along the
Western property line, running a distance of 432.34 feet along the Soutlle
property line of which 50.64 feet is the Northern extremity of Baillio
Drive, running a distance of 881.12 feet along the Eastern property linl~;
said parcel contains 8.51 acres, (General Hospital of Virginia Beach Area
Lynnhaven Borough. Approval of this application is subject to the folll)\~
ing stipulations:
"
.
1. Water and sewer line fees as required by the Public Utilities
Division.
2. Standard site plan requirements to include standard pavement
widening of 28 feet overall, curb and gutter, sidewalks and
storm drains as necessary shall becconstructed along Wildwood
Drive. The ditch along the eastern side of the property shall
be replaced wi th encl os eel storm d ra ins (pip'e) adequate I y sized
for all upstream drainage calculated on expected future runoff
coefficients. A 20-foot drainage easement along the eastern
property line and 60-foot drainage easement along the southern
property line shall be dedicated to the City. The ditch along
the s outhe rn property line s hall be iJ~:proved to handl e expec ted
future drainage as required by the Engineering Division.
3. A dedication of right of way 25 feet from the center line of the
existing 3D-foot right of way along the 42S.78-foot more or less
frontage on Wildwood Drive (a lO-foot dedication) as required by
the Real Estate Division.
4. City water and sewer as required by the Health Department.
S. The area back about 500 feet south of Wildwood Drive is an old
borrow area and 2 to 3 feet of the soil has becn removed. This
area has grown back in pines. Most of the remaining portion,
beginning 100 to 200 feet back is either sloping erodiblc soils
or a natural drainageway or flood way which should be protected.
ITEM #5621
,~" I
J\~plic",t<jo, of E. ::. Kupcr:::',L';: f:': nt:>I1";:':,rln If:vy, for a C~-m:c~ of 7nn1nq from
r'u'lti\1"lp F,"--:i1\.' i:0sid!:loncn l'ir,-:~T"I"'t. (11,_[;',) 'i'o L",":', i"'; ((',...,....;:;~,;:::;.~..-!~ i':l'~,":;"j:",:ct 2
. ~ ...., " --.' \,... \..0 ...... '" "vY ,I 'I v'," t, .,3',.... '.-..,~. ,'~J_f ...,~.., I" ~'""
(C-L 2) on certain property bc~~~irming at a po'liit S'17.',3 feet East of Eastl':ood
Lane and runni ng a di stance of 133 feGt F)l'e Or' 1 CSS d onq the South side of
Laskin Eoad, running a dht\1ncc of 262.~;0 feet alan] the Eastern property line,
runninq a distance of 120 feet narc or l:'ss alc.;H' the Southarn proDcrty line
and running a distance of 277.76 feet alo:ig th~ :~'2st('rn property line. Said
parcel is knot'Jn as Lots 25 and 26, nap of r;(.o~ey n~nor. Said parcel contains
36,000 square feet more or 1 ess. (r.Taxey l1anor-Cc:\stvmod Vi 11 a J\rea). L YiiNHiWEtJ
BOROUGH.
Planning Commission Recon~endation:
A motion by the Planning Co~ission was passed for approval of this request.
Said motion is SUbjf:ct to the follO\'ling sUpulations:
1. Hater and sm:cr lin~ f~es required. (Public Utilities)
2. Standard site plan rr~uir~Ments includinQ pJV0~ent wid~ning, curb
and gutter, sidCi'Jalks and storm drains as necessary along marginal access
road (Laskin Road) \:hen sHe ;s develrm0d. (Enqineer';ng)
3. City \'Jater and sevIer. (Health)
1""'..\
"
I I III ,'I
. On motion ~y Vice ~lavoT Ervin, ;,econded bv Councilman (~ardneT, and by
recorded vote as follows:
Aye::.;: Councilmen John .;\. Baum, Rohert H. Callis, Jr., ~1ayor Robert B.
Cromwell, Jr., Vice ~Ia!or F. Reid Ervin, ~eorge R. ?errell, Charles W.
Gardner, Clarence A. Holland, D. ~1urray ~1albon, J. Curtis Payne, and
Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the above application of E. )1: Kupersmidt for a
Change of Zoning from Multiple Family Residence District (R-M) to
Limited Commercial District 2 (C-L 2) on certain property beginning at
a point 517.13 feet East of Eastwood Lane and running a distance of 138
feet more or less along the South side of Laskin Road, running a distance
of 262.58 feet along the Eastern property line, running a distance of 126
feet more or less along the Southcrn property line and running a distance
of 277.76 feet along the Western propcrty line; said parcel is known as
Lots 25 and 26, Map of t1axey Manor; said Darcel contains 36,000 square
feet more or less, (Maxey }lanor-Eastwood Villa Area) Lynnhaven Borough.
Approval of this application is subjcct to the following stipulations:
1. Water and sewer line fees as required by the Public Utilities
Division.
2. Standard site plan requirements including pavement widening,
curb and gutter, sidewalks and storm drains as necessary along
marginal access road (Laskin Road) when site is developed as
required by the Engineering Division.
3. City water and sewer as required by the Health Department.
I TH1 # 5622
f<!plic0t:cn of [1"i~~::';lxld Louw'~;t Inc., by::. C-:1v'in S;;J:in, Attorney, for a Use
Permit for live cl1t(!rta;r.:'~':nt on cel~t~in m~or\::l".ty t~;;i,miIi0 at (l noint 2!ifJ
-f-;i....t.'.-I.'~r..... or lc,es ! '..~<:-.r. O,C r'~:'nr "o=ld "~"""1':"';" a >'I"""'";-;,.!,"" 0"" "l1'10 r'"''''t along t'".....
\;:_ 10',.) \,; ...;) 1......)1..,. I .I....j\.,~ l~~, , I .....~.J" ~ .t-~ U ')L......."I.......... (.. J. .....\,; . II\";
South s"ic!e of l'Jorchampton DoulC'v(),rd, rumri;;9"a distance of 2% feet more or
less along the t~~tcrn property line, runninl a distance of 20G feet more or
less along the Southern prorr::rty line, arid runnin,., a distance of 295 feet more
or less along the Eastern pl~GPQrty line. Said parc~l is knm/n as Lots 2 and 3
of Oiu~:lOnd Luke Estates. Said request i~ locilted \'Jithin commercial complex.
(01 amond Lake Estates Area). B/\YSIDE BOi-O;.JGH.
Pl ann; ng Cornnrl 55 ion Recormnenda t ion:
A motion by the Planning Com;nission \'las pz.s~cd for approval of this request.
Mr. Calvin Spain appeared on behalf of the applicant.
On motion by Councilman Holland, seconded by Councilman Payne, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Hayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Ma1bon, J. Curtis Payne, and
Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the above application of Diamond Lounge, Inc.,
for a Use Permit for live entertainment o~ certain propcrty beginning
at a point 250 feet more or less West of Baker Road, running a distance
of 200 feet along the South side of Northlmpton Boulcvard, running a
distancc o[ 295 fcet more or lcss along t~e Western property line,
running a distance of 205 fcet more or lc;s along the Southern property
line, and running a distance of 295 feet '[lOre or less along the Fnstern
property line; said parcel is known as Lots 2 and 3 of Diamond Lake
Estates, said request is located within commercicll complex (Diamond
Lake Estates Area) Bayside Borough.
I I III
.
ITEM-#S623
^r;1l1Ctiti011 of Calvin f1. and Ih~ll C. IY;vis for a C!;":;1nC of lord!'\! from Pesi-
dance Suburb~n District 4 (r~-S 4) to r:(~$iC:2nce DU~)'i"'~x'ufstr-f(-:t'-[-(R-D 2) on
certain prorerty located at the i'lorthl':':c;t corner of Pleasure House Road and
la.ke nrD~-jfGi'd Driv::.' i'unnir.q (l distDr:ce of 150 r:"::;t (l1ong the ~;2St side of
Pleasur,~ Hause f:c::d, rwm'Ir0 J (Hstz.i1c~ of 1~~7 f,,':0t (don~J th~~ :;orth ~idc of
L~d:e LI~('~JfOlAd ',ZJ,'~, rurlilln; iJ c;i$t~:occ; (1';: lSD fc~:-,t ~iCirJ ti10 l:cstcrn pro-:erty
1 . ~. v' ,,~ r ~ ~ '\ d " " :' ~. --. "~. ""~. r. _r-:",' -1" "': ," i I "'f-.., ~ ~n .--\ t l'
HIe Cild U,1nil.C'l a JL."",lC.. O. .;,J...' I'",\. d 0.11 \,..i',' "orl..\..\n Plu,.:t_r y lnc.
Said r:,rr".'l (t..!tilins 2J)t10Q squc:rc f{:c~ 1:,Ol'0 or lc:,s. (D\^ndford Terrace I\rca).
cr~'{s I t:::t:: l ~~. ~~ ,,">~:il.
PlanninCj CO~:l~,rjssic.n R::C(;L~,,:.!ndation:
A l:1otion by the r)l~tm1"ir.C1 Co:,::;ission l!.1S r::is~cd fo!" ~,rproval of this request.
Said motion is subject to the fo11O':'1';ng stipulat-lons:
1. Hater and S0wer line fc~s required. (Public Utilities)
2. StJn~!:lrd s i t~ plan rc;'iui rcr~,::mt5 to he hld,-: 0.11 in;,H'ovc;r:~(~nts re-
quired \ii/cn the parcel \'Jc$ od 9inal1y sU!J,:Hvi (Lei (C;;)'51 de Corp. Plat).
3. City \mtc;r and S:?'.:t:'f. (l :'::~) "it,ll [' --,t. )
4. Suggestparticip:~t:lon in sch'Jol site GCf.',i.'.i:i"it"jon.
Mr. Calvin Spain appeared on behalf of the appljcant
On motion by Councilman Holland, seconded by Councilman Malbon, and
by recorded vote as follows:
t~"
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and
Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the above application of Calvin M. and Nell C.
Davis for a Change of Zoning from Residence Suburban District 4 (R-S 4)
to Residence Duplex District 2 (R-D 2) on certain property located at
, the Northwest corner of Pleasure House Road and Lake Bradford Drive
running a distance of 150 feet along the West side of Pleasure House
Road, running a distance of 137 feet along the North side of Lake
Bradford Lane, running a distance of ISO feet along the Western property
line and running a distance of 135.6 feet along the Northern property
line. Said parcel contains 20, 400 square feet more or less. (Bradford
Terrace Area). Bayside Borough.
Said Motion is subject to the following stipulations:
1. Water and sewer line fees as required by the Division of Public
Utilities.
11~
2. Standard site plan requirements to include all improvements
required when the parcel was originally subdivided (Bays ide
Corporation Plat), as required by Engineering Division.
3. City water and sewer as required by the Health Department.
4. Suggest participation in school site acquisition.
ij
I I II d I
\
.
ITEM #5624
Application of the City of Virqinia !3each for cert~in am(?ndments to the
adopted raster Tr;'l.nSDortatiGn Pltlil of the City of V'frTlnia f3~ach. The
amendf,1~nts v~rtain to tho <:mount of req'Jirc'd riqht of \JaY \'J1dths along
minor ?rtcrials and La~kin ~~~d, and to the prooosed ali9nm~nt of
Kenpsvlll e Road bctuc(!n Provi d~~nce ~oud and Indi an r:i ver l(oad. ['lore de-
tailed inforr:iJtiOil is availi:1blc "in the D:)p~irtm~nt of City Planning. .
P 1 ann; ng Corr,;rrl S5 i on ::::comli;':nd.3 ti on:
A li,!')tif'!1 Ly the Pl(1,nninJ C,:.~' ,l:::sinn ',.'~lS r"':~~:,:;J for (:;lproval of this request.
Mr. Sa~ Burns from the City Planning Department was present to answer
any questions Council might have regarding the above application.
On motion by Vice Mayor Ervin, 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, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and
Donald H. Rhodes
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the above application of the City of Virginia
Beach for certain amendments to the adopted Master Transportation
Plan of the City of Virginia Beach. The amendments pertain to the
amount of required right of way widths along minor arterials and
._ Laskin Road, and to the proposed alignment of Kempsville Road
between Prividence Road and Indian River Road. More detailed
information is available in the Department of City Planning.
I TEH # 56 2 5 (a)
Mr. Grover Wright, Attorney and Mr. S. L. Nessbaum, the present owner
of certain property described under the application of Falen Associates
in Item #5026 under the date of September 11, 1972 [Application of Fale~
Associates for a Use Permit to construct 192 motel efficiency apartments
(condominiums) on certain property located at the Northwest intersectioI,
of Ocean Avenue and Cherry Tree Place, running a distance of 399.55 feet
along the North side of Ocean Avenue, running a distance of 213.69 feet
along the Western property line, running a distance of 287.56 feet along
the Northern property line and running a distance of 359.40 feet along
the Eastern property line. Said parcel contains 2.2 acres more or less.
(Lynnhaven Inlet Area). LYNNHAVEN BOROUGII], which was approved by the
City Council on the subject date; appeared before City Council requestirl~
reconsideration of the terminology which granted a use permit to construct
192 motel units (condominiums) on the propert~,in question. .
On motion by Councilman Gardner, seconded by Councilman Malbon, and by
recorded vote as follows:
~lI<i"'i'i
Ayes: Councilmen John A. Baum, Robert II. Callis, Jr., Hayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. IIolland, D. Murray fo.1albon, J. Curtis Payne, and
Donald H. Rhodes.
Nays: None
Abscnt: Councilman Floyd E. Waterfield, Jr.
CiLy Council voted to reconsidcr the applicatj.on hereon noted.
I I III ,II
.
ITUM #5625 (b)
On motion by Councilman Malbon, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert II. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. ~1urray Malbon, J. Curtis Payne, and
Donald H. Rhodes.
Nays: None
Abscnt: Councilman Floyd E. Waterfield, Jr.
City Council amended the application of Falen Associates, Item #5026,
dated September 11, 1972, to read as follows:
City Council approved the application of Falen Associates for a Use
Permit to construct 120 apartment units for sale on certain property
located at the Northwest intersection of Ocean Avenue and Cherry Tree
Place, running a distance of 399.55 fect along the North side of Ocean
Avenue, running a distance of 213.69 feet along the Western property
line, running a distance of 287.56 feet along the Northern property
line and running a distance of 359.40 feet along the Eastern property
line; said parcel contains 2.2 acres more or less, (Lynnhaven Inlet
Area) Lynnhaven Borough; subject to City water and sewer as required
by the Health Department [Public Utilities states that City water is
available and sewer is available with the installation of a pump
station]; subject to standard site plan requircments to include pave-
ment widening, curb and gutter, sidewalks and storm drainage as necessary
being constructed along Ocean Avenue by the developer as well as pro-
tective concrete curbs (standard CG-2) being provided around all drive~'ay
and parking areas as requested by the Engineering Division; subject to
a 60-foot setback from the high water level to the bulkhead and a 30-fclct
pedestrian and emergency vehicle easement being provided along the beac}
between the high water level and the bulkhead as requcsted by the Planrl-
ing Department; approval is further subject to participation in school
site acquisition.
*NOTE: It was noted by the Attorney for the applicant, Mr: 0rover
Wrigh~, that the proposed CZO places this building and a sImIlar
building on the west side of the Lynn~aven Inlet (Chesapeak~ House)
in a H-2 classification which means fIfty (SO) apartment unIts pe~
acrc. It was suggested that prior to adoption of the ~ZO that thIS
be amended to provide for fifty-five (55) apartment unIts per,acre
in order to remove both of these buildings from a non-conformIng use.
,p.
1
I I ,I "I
(CQUNCT L~lEi'i CiARDNER AND HOLLAND LEFT THE (OUNC I L CHAMBERS)
ITEH #5626
On motion by Councilman Ferrell, 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, George R. Ferrell, D. Murray
Malbon, J. Curtis Payne, and Donald II. Rhodes. ,-
-'_1
Nays: None
Absent: Councilmen Charles W. Gardner, Clarence A. Holland, and Floyd
E. Waterfield, Jr.
Mr. E. S. Clay, III, Library Director, has received a check for $14,972
from the Division of State Planning and Community Affairs to fund
PROJECT MAINSTREAM, which is a pilot program under which the handicapped
will be hired to expand library services to the handicapped. Therefore,
City Council approved on second reading a transfer in the amount of
$12,972 into Library Account 12010-170 and a transfer in the amount of
$2,000 into Account 12010-220 to initiate this project.
(COUNCILMEN GARDNER AND HOLLAND RETURNED TO THE COUNCIL CHM1BERS)
ITEH #5627
On motion by Councilman Payne, 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, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and
Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved on second r~ading the transfer of $2,650 from the
Virginia Beach Special Revenue Reserve for Contingencies to Virginia Beach
Special Revenue Code 9021-618, Replacement of Radio Receivers.
ITEM # 5628
On motion by Councilman Ferrell, seconded by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromt.'1ell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and
Donald H. Rhodes
Nays: None
1~ Absent: 'Councilman Floyd E. Waterfield, Jr.
City Council approved the following Ordinance to amend and reordain
Section 6-33 of the City Code relating to where surfing is permitted:
I I II
Requested by:
Councilr:lan ehas. A. Gardner
Ordinance No. 435
.......1
AN ORDINANCE TO AME~~ AND REORDAIN
~6-33 OF THE CODE OF THE CITY OF
VIRGINIA BEACH REL^TING TO WHERE
SURFING IS PERNITTED
BE IT ORDAINED BY THE COUNCIL OF TIm CITY OF VIRGINIA BEACH:
That 16-33 of the Code of the City of Virginia Beach, Virginia,
is amended and reordained to read as follows:
It shall be unlawful for any person to surf or to have
a surfboard in the city in the littoral waters of the Atlantic
Ocean except as permitted by this section as follows:
(a) At the city recreation park, Little Island, at
places and times as designated by the director of parks
and recreation.
(b) South of Little Island Park to the state line,
between sunrise and sunset, subject to restrictions that
may be imposed by the United States in the area owned by it,
and further subject to the provisions of ~6-22.
(c) In the area between the southern boundary of
United States Naval Reservation, Dam Neck, and the northern
line of Little Island Park, between the hours of sunrise
and sunset, except that between Hay 15 and September 30,
surfing is not permitted between the hours of 10:00 8. m.,
and 5:00 p.m.
(d) In the areas north of the northern line of Camp
Pendleton to the southern boundary of Fort Story, between
the hours of sunrise and sunset, except that between the
period May 15 through September 30, surfing is not permitted
between the hours of 10:00 a.m. and 5:00 p.m.
(e) Surfing is prohibited at all times within 300
feet north and 300 feet south of the \'JOoden -Fishing 1Jier
located between-r4th and 15th Streets and 300 feet north
of the Steel Fishing Pier, located at 3rd Street, as well
as the area south of the Steel Fishing Pier to the northern
jetty of Rudee Inlet.
An emergency exists and this ordinance shall be effective from
the date of passage.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 12th day of March , 1973.
.....,
.
ITEM # 5629
Mrs. J. W. Sills and Mrs. Robert Goodman appeared i~ support of the
proposed Ordinance to amend and reordain Section 5-11 of the City
'~'\ Code relating to dogs on the public beaches.
On motion by Councilman Gardner, seconded by Councilman Baum, and
by recorded vote 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,
and J. Curtis Payne.
Nays: Mayor Robert B. Cromwell, Jr., George R. Ferrell, and Donald
H. Rhodes.
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the following Ordinance to amend and reordain
Section 5-11 of the City Code relating to dogs on the public beaches:
/i.}'1 (}S~"")Ii~:'l\>:CI~ 7) lJ.. ,~..~~_:.~) P~._~') ;' ~".I.,: ~.;T~~
SLjICTICY~.{ 5~~11 (;~} rr>L2 C(,.')j: C:/ r~~ :~ (:ITY
011' \lI~'~C~I~1Ii\ ~~l:,;J\C:Il l~..1~'i.J!-irrIr:~ rI~J :;(;;~S
()lJ PUi: IJ Ie "d i~~\_C ;.U~S
Ordinance #434
Re(1uested by CouncilwtHl Ch,qrles Gardner
BE IT OImAI~\jED ~3Y THE COl:NCIL OF
,..,." .,....,
i :..U~l
CITY or VIRGINIA LEACH,
VIRGINIA:
That Section 5-11 of the Code of the City of Virginia Beach is
amended to read as follows:
5-11. Do~s on Sand Beaches.
,.
(a) It shall be \...mlaT,Jful for any persm'1 Ot::nlng, having control of
or harboring any clog to cause:', suffer or pcndt c;uch dog to be on
the pu~lic sand beaches durin8 the period {rom Iby 15 throu8h SeptcrrJJer
"0'" 1 " 1 1 . j-t ~l~' t' "e s )11
_, or eac:i. year, suctl perI,ou lerel,na..: 'CT cc. lea nc s a 01 ,
e}~cer t Hi
a residential ciistrict \dlere such dog may 1 e p(~rmitted on the public
scmd beac hes in the ellS tody or under the cant rol 0 f a respons i1J 1.e
person durinr; the season Let~}een 7:00 p.!:l. allc] S :GO a.Ll. the follmv:in::;
day.
"
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.
~
(b) Any person m-minr;, ha'ling control of or harboring a dog shall
not cause', / suff:.e-i or a110'(,7 sue h dot; to 1i t '.~er the public sand beac he s
/", f/
. ...
at an> f:Lme..<1urinr; the f)C8S()f1 or otlWl".rLse, <1!1(1 in the event such dog
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pla,~iu~~ S;:~L.iC ).n a. ~:~lI';__..a~.:/_:: iJ'cepL:a.clc.
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{,;,':: 11 r:<e e '-':.'cctive :Cnxn
{1ate of rlss~geo
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 12th
day of
, 1973.
Harch.
ITEM # 5630
On motion by Councilman Payne, 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, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and
Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the following tax refunds in the amount of $502.80:
,If
.._. ...,'-4.......... U ,..L.'.~-' "--'ll.
-. -~
FRo:r: t':r. V. A. Ethccrdr,r.:, :'rca:;urcr
n.111' ~'!arch 2. :'973
- .
: ;i3JECl': Applic<lliuu.~or Tux Rctumb:
'"
~ ~c !01!~~.!ino ~?riic~tic:~~
Name
Tax
Year
fer rt'fu~d ~f t9=:c:: J:.:>::~li?r. 0 502.80
LIS set [Ot-tll LCL~,..l ~</. ~ L -
" /1" LY~-~ A~:;,/ / / /;;L/
. d ~"J c '~// L(;;;Cc<=., 'Cy /'
.;!bt.1- " ::?./~,~;--:,.../,'~/ //.'. , V. A. Ethcrid~c: Trc:lf:urp'1"
. ' / -:-j -'J .. ~ .
.,.. . T.1~ rr::xon~r- I r
lype L', Ticket 1tion Dntc
of Ta~ Number No. Paid
~
, Id eel"trUed for p':\YlOcnt,
,
....1
Base
, , , .
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r --.. ,------ I
. ally c"/- l
~n B. Prevette 1973 CD 64449 1/15/73 15.00
~'j~'ry L. Sykes 1973 CD 53970 1/26/73' 15.00
ohn I Dow' 1973' CD 5517-5518 ?/?1/73 30.00
obert, R. Hazeh\7,Q d 73 ,CD 7lt~53 1/30/73 15.00
t. Nicholas Scho 1 73 CD ~32Cl 1/17/73 15.00
im~ie n. Vickers 1973 CD 45055 1/17/73 15.00
ita E~ B~t1er 1973 CD 726~3 1/31/73 15,00
uthe~ D. Godf~ey 1973 CD !6049-6048 I ?/16!73 30.00
, erlry H. Bray 1973 CD J 12823 2/2')/73 15.00
, arjorie J. Tayl 73 ! CD .8070 1/?9/73 I 15.00
ames G. Streetm" 73 I CD ,164807 I 1/15/73 '15. (10
ccessories Incl1973 I CD fT-1393 I 7/5/73 ! j 15ico
~~:.~~O~i~S Inc,. J 19731 CD ,T-1394 I I 2/5/7] I J" , .11S.CO
It:i A. Rogers 'I 19731'€D 173L~68-734r9 I 2/16/73 I I 30.00
ltlin, James H. 1972 PP 74167 08114 11},)2/7, 4.20 .21 4.41
:ir'rv Cravener 11972 PP 14840 08115 11/9/77 105.00 5.25 110.25
lrn~n, 'Jimmy J. 1972 PP j /8108 08113/ 6/10/72 10..501 j10.50
m::we11 James A.
~. .Jamie L. ,,19,71, RE 7520 1; 1002 5/25/71 17.4:Q , 17. 4~
t197_~IREJ,75202~?,11~~2! 10/15/7117.401 :. : 17.40
:we~l, James-'1 , . 1
~:i:g~r: ~~::- -~-. :::~I :01:::: :-J ~:::-'i :~~:~:: I ~:: ::I-~I -1 ~:: ,::
: .Jamie L. 1969 RE '/7216 2/2110,03112/5/69117.40 ",I 17 '/1-1)
nt\.vel1, Jam,es
n~::~! ,>mes . ~::~ I: I :::-: ~/~ I :::: 11:~:~~:O ~: :::, . I::: ::::
r -- JJ'. r r, :1 _ 'LT~--
~ t:poli C<ltl on~ for rC(ll\1(1. of t:n..-f'~ ~'pprtlv~.i. Ah""r~ i}1\~,t~!'!0n t: tot~ l:p.~ _~L. ,~__~_'" "I '
_.5 f0-1?,"; fl,'!j j;. Ai'I"-";''' -\oj' ~"'" ':"~m- i1]ILt...,JJ I v I ~ ?:i"
_, '." 0--/~ I~<'~k"'{~__ ___/0t~~l~J4t~:~~~:--:--'_----"-
Ie l,hL~'n~/' (1 t Y 4\t l "I'lIt'V ", I J 1 r J'
.-, J .J (' I: !'l _. ,,'I' .PI'", C i I", C I ,'I L ,-
Ir
i ~ II;! I
I T;:: \1 it 5631
On motion by Councilman Rhodes, 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, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and
Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
"
City Council approved the following Ordinanc~ appointing Viewers relative
to closing a portion of Sand Pine Road in Lynnhaven Borough:
.'
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d,
ORDINANCE APPOINTING VIEWEHS
WHEREAS. LOUIS G. DARDEN,
. has given due and proper
"
notice. in accordance with the statutes for such cases made and provided
that they would this day apply to the City Council of the City of Virginia
Beach. Virginia. for the appointment of viewers to view the below described
i,
,.
1: property and report in writing to the Council. whether. in the opinion of
said viewers. any. and if any. what inconvenience would result from the
, discontinuanee of the hereinaafter described portion of Sand Pine Road in
1.,
J, the City of Virginia Beach. Virginia. and have filed such application with
f,
the said Council.
NOW. THEREFORE. BE ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH. VIRGINJA THAT Hr. C. C. Carrington,
Mr. George L. Hanbury, and Mr. J. N. McClanan
are hereby appointed to view the below described property and report in
writing to the Council on or before April 16, 1973
. whether in
their opinion. any and if any. what inconvenience would result from the
discontinuance. closing and vacating of that certain portion of Sand Pine Road.
Virginia Beach. Virginia described below.:
That certain portion of Sand Pine Road at its
intersection with Cape Henry Drive in the
City of Virginia Beach. Virginia as shown on
the attached plat. The portion to be closed is
marked in red.
.~
.
(COUNCILMAN CALLIS LEFT THE COUNCIL CHAMBERS)
ITEH # 5632
.-11
On motion by Councilman Holland, seconded by Councilman Rhodes, and
by recorded vote as follows:
. Ii
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., Vice
Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence
A. Holland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes.
Nays: None
Absent: Councilmen Robert H. Callis, Jr. and Floyd E. Waterfield, Jr.
City Council approved on first reading the following Ordinance authoriz-
ing the issuance of $4,000,000 Water and Sewer Bonds of the City of
Virginia Beach, Virginia:
AN ORDINANCE AUTHORIZING THE ISSUANCE OF
$4,000,000 WATER AND SEWER BONDS OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
,-"II
1. It is hereby determined to be necessary and expedient
for the City of Virginia Beach to improve and extend its water
transmission and distribution system and sewer collection system
to provide for the orderly growth and development of the City,
, and to borrow money for such purposes and issue general obligation
bonds therefor.
2. Pursuant to the authority of the Charter of the City
of Virginia Beach (Ch. 147, Acts of Assembly of 1962, as amended)
and the Public Finance Act, as amended, there are hereby authorized
to be issued Four Million Dollars ($4,000,000) Water and Sewer Bonds
of the City of Virginia Beach to provide funds for improving and
'-II
extending its water transmission and distribution system and sewer
collection system, including acquisition of rights of way.
.',
, II II ,II
.
3. The bonds shall bear such date or dates, mature at
such time or times, not exceeding forty years from their dates, bear
interest at such rate or rates, be in such denominati9n and form, be
'-11 executed in such manner and be sold at such time or times and in
such manner as the Council shall hereafter provide by appropriate
resolution or resolutions.
4. The bonds shall be general obligations of the City
of Virginia Beach for the payment of principal of and interest on
which its full faith and credit shall be irrevocably pledged.
First Reading: March 12, 1973
Approved: March ,1973
Mayor
ITEM # 5633
,-'II
On motion by Councilman Ferrell, seconded by Councilman Rhodes, and
by recorded vote as follows:
.. I,
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., Vice
Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence
A. Holland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes.
Nays: None
Absent: Councilmen Robert H. Callis, Jr, and Floyd E. Waterfield, Jr.
City Council approved on first reading the following Ordinance authoriz-
ing the issuance of $3,000,000 Public Improvement Bonds of the City of
Virginia Beach, Virginia:
11I""""11
.~
I I II ,II
AN ORDINANCE AUTHORIZING THE ISSUANCE OF
$3,000,000 PUBLIC IMPROVEMENT BONDS OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
."
'-'I
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
; I
BEACH, VIRGINIA:
1. It is hereby determined to be necessary and expedient
for the City of Virginia' Beach to construct and improve various
public facilities and improvements, all of which will promote the
development and public welfare of the City, and to borrow money
for such purposes and issue the City's general obligation bonds
therefor.
2. Pursuant to the authority of the Charter of the City
of Virginia Beach (Ch. 147, Acts of Assembly of 1962, as amended),
and the Public Finance Act, as amended, there are hereby authorized
W!JI!"I
to be issued Three Million Dollars ~3,000,OOO) Public Improvement
Bonds of the City of Virginia Beach to provide funds, together with
other funds that may be available, for the following purposes:
Planning, construction, siteimprove-
ments, enlargements and equipping
of municipal buildings, including
public safety building, circuit
and municipal court buildings,
administration building, animal
control building and heating plant
$1,320,000
Planning and construction of park
and recreation facilities, including
construction of boat ramp and bicycle
trails, enlargement of club house ,
and other facilities at municipal
golf course and plans for community
center
235,000
. ,--I
Bulkheading south of existing board-
walk along oceanfront
50,000
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2.
Improve and extend streets and
high'\vays
1,145,000
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Site improvements for community
college
250,000
$3,000,000
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Any amounts not needed for any of such purposes may be used for
any other of such purposes.
3.
(
The bonds shall bear such date or dates, mature at
such time or times not exceeding forty years from their dates,
bear interest at such rate or rates not exceeding the maximum rate
permitted by law at the time the bonds are sold, be in such
denomination and form, be executed in such manner and be sold at
such time or times and in such manner as the COlfficil shall here-
after provide by appropriate resolution or resolutions.
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4. The bonds shall be general obligations of the City of
I Virginia Beach for the payment of principal of and interest OIl
which its full faith and credit shall be irrevocably pledged.
F rst Reading: March 12, 1973
Approved: March , 1973
Mi;1.yor
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ITEM # 5634
On motion by Councilman Gardner, seconded by Councill~~n Ferrell, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., Vice Mayor
F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes.
Nays: None
Absent: Councilmen Robert H. Callis, Jr., and Floyd E. Waterfield, Jr.
City Council approved the low bid of Paul N. Howard in the amount of
$251,930 for Contract 21, Southside Road, Rudce Inlet Bridge, Pacific
Avenue and Virginia Beach Boulevard for installation of water lines.
ITEM # 5635
On motion by Councilman Ferrell, seconded by Councilman Baum, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., Vice Mayor
F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes.
Nays: None
Absent: Councilmen Robert H. Callis, Jr., and Floyd E. Waterfield, Jr.
City Council approved the application of G. G. Ingram to move a one-
story frame residence, 20'x32', from 728 Woodstock Road, Kempsville
Borough, to a parcel of 2.47 acres, Charity, extension of Shipps
Cabin Road, Pungo Borough. Estimated value after move and renovations
$10,000. Site has been approved for septic tank and well.
LCOUNCILMAN CALLIS RETURNED TO THE COUNCIL CHA~1BERS)
ITEH # 5636
On motion by Councilman Ferrell, 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, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. ~1urray Malbon, J. Curtis Payne, and
Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council adopted the following policy concerning substandard street~
in the City of Virginia Beach:
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A. POLICY FOR IMPROVING STREETS DEDICATED BUT NOT IMPROVED OR
UNDER CITY MAINTENANCE (PAPER STREETS), PARTIALLY IMPROVED
STREETS WITH NO RIGHT OF WAY DEDICATION (PRIVATE STREETS)
OR SUBSTANDAPJ) STREETS WITH INSUFFICIENT RIGHT OF WAY DEDI-
I
'-1
CATION. IT IS THE CITY'S POLICY THAT EACH SUCH STREET WILL
BE CONSIDERED SEPARATELY, AND DECISIONS r'ffiDE ON THE SPECIFIC
CONDITION OF EACH CASE, WITH THE FOLLOWING GUIDELINES:
1. If the street is not a clearly dedicated right of way,
or if the right of way is dedicated but of insufficient
size to permit the construction of a minimum street,
private party/parties will be required to make arrange-
ments for additional dedications necessary in order to
conform to the accepted standard of 50'.
2. It should be understood, if the topographic nature of
the area makes it impossible to acquire a 50' right of
way, or if acquisition of 50' would be severely detri-
mental to the value of contingent private property, a
lesser size will be accepted.
3. After right of way requirements have been satisfied, if
it is deemed that the street does not conform to minimum
standards and needs substantial improvement, cost
estimates will be determined by the Engineering Division,
Department of Community Services, with the understanding
that the city will pay for 100% of the cost of labor and
50% of the cost of materials, the property owners to
post 50% of the cost of material~.
4. The project will then be submitted to the city Manager
,~I for approval and the street accepted, improved and/or
maintained.
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.-
5.
It should be understood that this policy should not
encourage construction in undeveloped areas on dedicated
but unimproved streets (paper streets), thereby circum-
venting the subdivision ordinance. consequently, building
permits will no't be issued to property owners on streets
falling into this category.
This prohibition will be waived, naturally, if the
developer or individual property owner/s pay 100% of the
cost of improving or extending such a street, said
construction to conform to stand~rds established by the
city of Virginia Beach. Building permits will continue
to be issued on existing, platted lots of record on improved
private streets. Further subdivision of land, however,
will not be allowed on private streets except in
conformance with the subdivision regulations.
B. POLICY FOR IMPROVING STREETS NOT UNDER CITY NAINTENANCE, SUCH
STREETS WITH NO RIGHT OF WAY DEDICATION OR SUCH STREETS WITH
INSUFFICIENT RIGHT OF WAY DEDICATION, PROPERTY OWNER/S BEING
UNABLE TO SHARE IN COST OF SAME.
Note: All requirements of POLICY A will apply with the
following modification:
6. If the property owner/s indicate inability to meet the
cost of improvements, a survey will be conducted by
the Social Services Department to determine the percen-
tage of residents receiving assistance' or with incomes
bordering on minimum subsistence. The following will
then apply.
to" I
~
II II :11
.
-3-
,-
'-'I
(a)
(b)
The City will pay 100% of the cost of labor.
% of residents receiving
'assistance or with minimum
subsistence lncomes
30 or under
% of cost of
materials to be
borne bv City
100
90
80
70
60
50
100 - 90
89 - 80
79 - 70
69 - 60
59 - 30
ITEM # 5637
''''~'I
On motion by Councilman Rhodes, seconded by Councilman Ferrell, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., Vice ,Mayo:!
F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. HoLc(L!lI.
D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council adopted the following schedule of recommended fees and
other charges for use of the Civic Center, as submitted by the
Department of Economic Development, effective date retroactive
to January 1, 1973:
......1
...
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(\) 0 \J'- 11 . , "'''. \....v~
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po t-" >-S 0 a 0 a t't' c ,
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0 I-'- 0 0 C'
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t-') 0 .(Fr .(;fr
p.. >-S . c1'l-"ctO .{,IT .{fr .(fr ,~ ct' '--
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,,,,, p.. .
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c.4
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"
I ,I
ITEM # 5638
City Council deferred consideration of appointment of two of its
members to represent the City on the Tidewater Transportation District.
ITEM # 5639
On motion by Councilman Holland, 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, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray ~1albon, J. Curtis Payne, and
.-, Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council noted its intention to hold a closed meeting on Monday,
March 19, 1973, for the purpose of discussing items permitted for
discussion under the Freedom of Information Act of the Commonwealth
of Virginia.
ITEM # 5640
Councilman Rhodes, seconded by Councilman Gardner, and
vote, the meeting adjourned.
City of Virginia Beach,
Virginia
March 12, 1973'
\
I II ,II
MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
March 19, 1973
The regular meeting of the Council of the City of Virginia Beach,
Virginia was held in the Council Chambers in the Administration
Building, in the Borough of Princess Anne, on Monday, March 19,
1973, at 2:00 p.m.
,-,
The invocation was given by the Reverend L. V. Ruckman, Foundry
Methodist Church, Virginia Beach, Virginia.
Councilmen present: 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.
Councilman absent: George R. Ferrell.
ITEM #5641
On motion by Councilman Gardner, seconded by Councilman Holland, 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.
'''''''I
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Nays: None
Absent: Councilman George R. Ferrell.
City Council approved the Minutes of the Regular Meeting of March 12,
1973, and the reading of said Minutes dispensed with inasmuch as each
Councilman had a copy of the subject minutes before him.
ITEM #5642
Applicat1onof G. J. Gulbranson by Edwin C. Kellam, Attorney, for a Change
of Zoning from Re~idence Suburban District 3 (R-S 3) and Limited Commercial
Ofstrict 2 (C-L 2) to Multiple Family Residence District (R-M) and a Use
Permit to construct 224 apartments on certain property located on the North
side of Providence Road at the intersection with Indian River Road, running a
distance of 848 feet more or less along the Nort'h side-of Pl"tWideoce-Road, ,--
running a distance of 1150 feet along the Eastern property line (Woodstock -
Elementary School), running a distance of 558 feet along-the Northern- property
line and running a distance of 1115.87 feet along the Western propertY,line.
Said parcel contains 15.5 acres. (Woodstock Elementary School-Barrett s
Corner Area). KEMPSVILLE BOROUGH.
I.. I
Planning Commission Recommendation:
A motion by the Planning Commission was passed for denial of this request due
to the opposition of the residents of the area. Traffic that would be generated
by the proposed use would seriously increase the traffic hazard currently
existing.
....,
i II il
Mr. Earl Reite1bach, on behalf of the Avalon Terrace Civic League,
appeared in opposition to the above application and presented petitions
signed by those opposed.
Mrs. Ayers appeared in opposition to the above application.
Mrs. Cecily MacDonald, on behalf of the Kempsville Civic Association,
appeared in opposition to the above application.
Mr. Edwin C. Kellam, Attorney, appeared on behalf of the applicant.
On motion by Councilman Rhodes, seconded by Councilman Gardner, and by
recorded vote as follows:
,-,
Ayes: Councilmen John A. Baum, Vice Mayor F. Reid Ervin, Charles W.
" Gardner, Clarence A. Holland, D. Murray Ma1bon, J. Curtis Payne, and
Donald H. Rhodes.
Nays: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr.,
and Floyd E. Waterfield, Jr.
Absent: Councilman George R. Ferrell.
City Ccunci1 denied the above application of G. J. Gulbranson, for a
Change Of Zoning from Residence Suburban District 3 (R-S 3) and Limited
Commercial District 2 (C-L 2) to Multiple Family Residence District (R-M)
and a Use Permit to construct 224 apartments on certain property located
on the North side of Providence Road at the intersection with Indian River
Road, running a distance of 848 feet more or less along the North side of
Providence Road, running a distance of 1150 feet along the Eastern property
line (Woodstock Elementary School), running a distance of 558 feet along
the Northern property line and running a distance of 1115.87 feet along
the Western property line. Said parcel contains 15.5 acres. (Woodstock
Elementary Schoo1--Barrett's Corner Area). KEMPSVILLE BOROUGH. This
application was denied because the traffic that would be generated by the
proposed use would seriously increase the traffic hazard currently exist-
'''''1 ing.
. I
ITEM #5643
Application of Farm View Apartments, Inc., for a c~~ng~ of Zoning from
Agricultural District (A-R) to Multiple Family Resl ence District (R-M)
and a Use Permit to constru~ 12 apartment units (6 duplexes) on certain
propertYlocated on the East side of Morris Neck Road beginning at a point
313 feet South of Stone Road, running a distance of 337.4 feet along the
East side of Morris Neck Road, running a distance of 538.98 feet along the
Northern property line, running a distance of 334.78 feet along the Eastern
property line anq running a distance of 473.1 feet along the Southern pro-
perty line. Said parcel contains 3.86 acres. PUNGO BOROUGH.
Planning Commission Recommendation:
A motion by the Planning Commission was passed for denial of this request as
the proposed change of zoning represents spot zoning and is in conflict ,with
the Princess Anne Development Plan which indicates agricultural use.
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Mr. Beryl Abraham appeared on behalf of the applicant.
Mr. Billy Chaplain appeared in opposition to the above application.
On motion by Councilman Baum, seconded by Councilman Gardner, and by
recorded vote as follows:
'.....1
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A
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 denied the above application of Farm View Apartments, Inc.
for a Chan~e of Zoning from Agricultural District (A-R) to Multiple
Family Resldence District (R-M) and a Use Permit to construct 12 apart-
ment units (6 duplexes) on certain property located on the Ease side of
Morris Neck Road beginning at a point 313 feet Southoof Stone Road, run-
ning a distance of 337.4 feet along the East side of Morris Neck Road,
running a distance of 538.98 feet along the Northern property line,
running a distance of 334.78 feet along the Eastern property line and
running a distance of 473.1 feet along the Southern property line. Said
parcel contains 3.86 acres. PUNGO BOROUGH. This application was denied
because the proposed change of zoning represents spot zoning and is in
conflict with the Princess Anne Development Plan which indicates
agricultural use.
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ITEM #5644
Application of Fairfield-Development Corpor.tion for a Use Pel"llit for a
.... ,..1n9 statton on certain property located 2150""1iet more or less
North 0' Provi derlce Road and 2900 feet more or 1 ess West of Lord Dunsmore
Drtve Oft the ....t stde of Bu11ica Court (Proposed) on Parcel A, Block 18,
Fatrfield, Sectton Eight. (Fairfteld Area). KEftlPSVILLE BOROUGH.
Planning C~ssion Recommendation:
A motton by the Planning CoIIrlss1on was passed for approval of this request.
Said _tion 1. subject to the following: Standard site plan requireMents.
(Engf....rt ftg) .
On motion by Councilman Malbon, seconded by Councilman Waterfield, 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 Floyd E. Waterfield, Jr.
City Council approved the above application of Fairfield Development
Corporation for a Use Permit for a sewage pumping station on certain
property located 2150 feet more or less North of Providence Road and
2900 feet more or less West of Lord Dunsmore Drive on the West side of
Basilica Court (Proposed) on Parcel A, Block 18, Fairfield, Section
Eight. (Fairfield Area). KEMPSVILLE BOROUGH. Approval of this appli-
cation is subject to standard site plan requirements.
II ,III
(COUNCILMAN PAYNE LEFT THE COUNCIL CHAMBERS)
~.i
ITEM #5645
_Ucatl. ., ....,. Cobeft, "'fsbe~ and Clark for a :an~ of ZoninG froll
""ttpl. '.11, ..tellnce District (R....) to Ltll1ted Caliiiirc arb1str1ct 3
(C-L 3) on cerulli propeJ't,y beginning at a point 750 feet more or less West
of South Plua Tran and running a dtstlnce of 525 feet more or '.ss along
the North s1e11 ", HollMC1 Road, running a d1stance of 1110 feet more or less
along the Wntem property line. runn1ng a distance of 385 feet more or less
along the Northern property line and running a distance of 1260 feet more or
less along the Eastern property l1ne. Said parcel contafns 12.534 acres.
(Wfndsor Oats ....t Arta). KEMPSVILLE BOROUGH.
Planning ~sslon AI~dat1on:
A NOtton b.Y the Planning ~sston WIS passed for denfal of this request as
the proposed change of zonfng is 1n conflict with the Ltttle Neck-Lynnhlven
Dtv.,....t Plan that ...~nds a residentfal (6..12 du/lcre) use of the
propen,.
'''''1 '
Mr. Douglas Talbot appeared on behalf of the applicant.
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., Hayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence
A. Holland, D. Murray Malbon, Donald H. Rhodes, and Floyd E. Waterfield,
Jr.
Nays: None
Absent: Councilmen George R. Ferrell and J. Curtis Payne.
'Ji'!""1
.' I
City Council referred back to the Planning Commission the above applica-
tion of Nonni, Cohen, Weisberg, and Clark for a Change of Zonin& from
Multiple Family Residence District (R-M) to Limited Commercial District
3 (C-L 3) on certain property beginning at a point 750 feet more or less
West of South Plaza Trail and running a distance of 525 feet more or
less along the North side of Holland Road, running a distance of 1110
feet more or less along the Western property line, running a distance
of 385 feet more or less along the Northern property line and running
a distance of 1260 feet more or less along the Eastern property line.
Said parcel contains 12.534 acres. (Windsor Oaks West Area). KEMPSVILLE
BOROUGH.
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''''''""1
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'~'I
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ITEH #5646
App1teatt.. of T.. Corp.. for a Usa '-",it to construct 368 apa.....t units
on Cll"ta1.. property beginning at.point '50 feet lION or less Ealt of Thalia
Road. running a diltance of 540.26 feet along the Northern property l1ne of
which 368.16 feet is the South side of Bonney Road, running a distance of
1921.20 feet along the Eastern property Un., running a distance of 544.24
feet along the Southern property line and running a distance of 1800.48
feet alon, the weltern property line. Said parcel contains 20.615 acres.
(Thalia V 11a.. Area). KEMPSVILLE BOROUGH.
Planning ComIrtssion Recommendation:
A motion b.Y the Planning Commission was passed for approval of this request.
Said motion is subject to the following:
1. Modified the requested number of apartment units from 368 to 288 units
(13.9 du/ac).
2. Water and sewer line fees required. (Public Utilities)
3. Standard site plan requtrements to include a drainage easement 100 feet
from the center l1ne of Thurston Branch Thalia Creek shall be dedicated to the
ctty; Inverness Road shall be extended through this site; a 50-foot right of way
shall be dedicated and full street improvements constructed along its length;
the entrance road from Bonney Road shall align wtth Maple Avenue and shall be a
publtc rtght of way 50 feet with full street improvements back to Inverness load;
Ionne)' ANd shan be widened with 21 feet of pavement from center 11ne wtth curb
and gutter, stdewalks and stona drains as necessary. (Engineering)
4. A dedtcat10n of right of way 30 feet from the center l1ne of the exist-
ing JO-foot rtght of w~ along the 368.16-foot more or less frontage on Bonney
Road (a l5-foot dedication). (Real Estate)
5. Developers provide and develop a minimum of 15% (3 acres) for acttve
recreation. (ParkS and Recreation)
6. Southern portion of this property (below approximate 8-foot contour)
conststs of highly erodible s011s or marsh; building should not be allowed tn
tht s are..
Mr. Joseph Boyd appeared on behalf of the applicant requesting a
deferral of one (1) week.
On motion by Councilman Gardner, 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, Donald H. Rhodes, and Floyd E. Waterfield,
Jr.
Nays: None
Absent: Councilmen George R. Ferrell and J. Curtis Payne.
City Council deferred for a period of one (1) week the above application
of Tee Corp., for a Use Permit to construct 368 apartment units on cer-
tain property beginning at a point ISO feet more or less East of Thal~a
Road, running a distance of 540.26 feet along the Northern property llne
of which 368.16 feet is the South side of Bonney Road, running a distance
of 1921.20 feet along the Eastern property line, running a distance of
544.24 feet along the Southern property line and running a distance of
1800.48 feet along the Western property line. Said parcel contains
20.615 acres. (Thalia Village Area). KEMPSVILLE BOROUGH.
J I
ITEM #5647
App1teat'. of SaY-A-Ton. Inc.. for a Use Penn1t to operate a gasoline
supply statton (self-service) on c:erta1i\property located at the Southeast
comer of Dt...d Spl"'lngs Road and Haden Road. running a distance of 187 feet
along the South side of Haden Road, running a distance of 100 feet along the
East sfde of Dt-.nd Springs Road. running a distance of 187 feet along the
Southern P.....1"t1 l1ne and running a distance of 100 'eet along the Eastem
property 11ne. Said parcel contains 0.426 acre. (D1-.ond Springs Area).
.- BAYSIOE BOROUIH.
Pllnn1ng ~sston ReCOlllndatton:
A IOtton by the Planning COmm1sston was passed for approval of this request.
Said RIOtion is subject to the following stipulations:
1. water and sewer line fees requtred. (Public Utilities)
2. Standard sfte plan requtrements to include a twelve-foot pavement
wfdenfng with a 50-foot transition. curb and gutter, sidewalks and stonn
drains along Diamond Springs Road and widening with curbs and gutters. side-
walks and sto... drains along the fronta~ on Haden Road; all entrances shall
con~ to City standards. (Eng1nee.rt~)
3. Cfty water Ind sewer. (Health)
Mr. Charles Jenks appeared on behalf of the applicant.
Mr. C. T. Boardman appeared on behalf of the applicant.
On motion by Councilman Holland, 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, Donald H. Rhodes, and Floyd E. Waterfield,
Jr.
Nays: None
Absent: Councilmen George R. Ferrell and J. Curtis Payne.
City Council denied the above application of Sav-A-Ton, Inc., for a
Use Permit to operate a gasoline supply station (self-service) on certain
property located at the Southeast corner of Diamond Springs Road and
Haden Road, running a distance of 187 feet along the South side of Haden
Road, running a distance of 100 feet along the East side of Diamond
Springs Road, running a distance of 187 feet along the Southern property
line and running a distance of 100 feet along the Eastern property line.
Said parcel contains 0.426 acre. (Diamond Springs Area). BAYSIDE BOROUGH.
,...,~
ii II II
/CCOUNCILMAN PAYNE RETURNED TO THE COUNCIL CHAMBERS)
'JO!'I';I'
ITEH #5648
_UCltt. of Davis Comer ft)tors by Gerald E. Snyder for a ~ of
~t~ fro. Limited Commercial District 2 (e-L 2) to General commerc~
s .. ct 2 (C-G 2) end a US. Pennit for used car sales and service on cer-
tatn propertY' beginning ati point 880 feet more or '.ss West of Davis
Street, running a d1stance of 80 feet along the North side of V1rg1nia
Beach Boulevard, "",n1ng a d1stance of 603.51 feet along the Westem pro-
perty line, rumi", a d1stance of 81.23 feet along the Northem property
line and running a d1stance of 617.62 feet along the Eastern property line.
Said parcel is known as Lot 12, Milburn Manor and contains 1.135 acres more
or ,.... (Mtlbum Manor-Davis Corner Areas). BAYSIDE BOROUGH.
Plann1ng Calm1ss1on Recommendat10n:
A mot10n by the Plann1ng Comm1ssion was passed for approval of th1s request.
Said .tion 11 subject to the follow1ng:
1. Water and sewer l1ne fees required. (Publ1c Utilities)
2. Standard s1te plan requirements including curb and gutter, pavement
widen1ng, sidewalks and stonn dra1ns as necessary along marg1nal access road
at Vtrg1n11 Beach Boulevard. Dedication on access road required. (Engineering)
3. Ded1cat1on of right of WIY 80 feet from the centerline of the existing
120-foot r1ght of way along the 8O-foot more or less frontage on V1rg1n11 Beach
Boulevard (a 20-foot ded1cation). (Rill Estate)
4. Cfty Wlter and sewer. (Health Department)
Mr. Gerald E. Snyder appeared on behalf of his own application.
On motion by Councilman Holland, 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. Holland, D. Murray Malbon, Donald H. Rhodes, and Floyd E. Waterfield,
Jr.
'.....-1
Nays: None
Absent: Councilman George R. Ferrell.
Abstain: Councilman J. Curtis Payne.
City Council approved the above application of Davis Corner Motors for
a Change of Zoning from Limited Commercial District 2 (C-L 2) to General
Commercial District 2 (C-G 2) and a Use Permit for used car sales and
service on certain property beginning at a point 880 feet more or less
West of Davis Street, running a distance of 80 feet along the North side
of Virginia Beach Boulevard, running a distance of 603.51 feet along the
Western property line, running a distance of 81.23 feet along the North-.
ern property line and running a distance of 617.62 feet along the Eastern
property line. Said parcel is known as Lot 12, Milburn Manor and contain;
1.135 acres more or less. (Milburn Manor--Davis Corner Areas). BAYSIDE
BOROUGH.
Approval of this application is subject to the following stipulations:
1. Water and sewer line fees as required by the Public Utilities
Division.
'....-'1
2. Standard site plan requirements including curb and gutter,
pavement widening, sidewalks and storm drains as necessary
along marginal access road at Virginia Beach Boulevard.
Dedication on access road required. (Engineering)
I ,
3. Dedication of right of way 80 feet from the centerline of the
existing 120-foot right of way alJng the 80-foot more or less
frontage on Virginia Beach Boulevard (a 20-foot dedication).
(Real Estate)
.4. City water and sewer as required ~y the Health Department.
II il II
(COUNCILMAN PAYNE LEFT THE COUNCIL CHAMBERS)
'-1
ITEH #5649
App11cett. of .John COpeland, Inc.. for a Chan!le of ~n1nt from Limited
ec-.-cial ,"strict' (C-L 3) to Gen.ral C~rcfiT str ct 3 (C-G 3) and
a YH.. Permtt for new autclaobl1e sales and service on certain property located
attne""li'riieast comer of Virginia Beach Boulevard and Greenfell Avenue,
running I distance of 250.14 feet along the North side of Virginia Beach
Boulevard, running a distance of 451.87 feet along the East stde of Greenfell
Avenue, running a distance of 250 feet along the South side of Broad Street
and running I distance of 460.28 feet along the Eastern, property 11n.. Said
parcel is kn.. as Lots 1 through 18, part of Lot 19, all of Lots 23 through
40 and part of Lot 41, Block 31, Plat of Euclid Place. Said parcel contains
2.6 acres IIIOre or less. (Aragona Vf1lage-Euclfd Areas). BAYSIDE BOROUGH.
Planning ~ssion Recomnendationi
A motion by the Planning Commisston was passed for approval of this request.
Said motion is subject to the following:
1. Water l1ne fees required and sewer to be provided by private ut111ty.
(Public Utilities)
2. Standard site plan requirements to include pavement widening, curb
and gutter and s~ drains required along Virginia Beach Boulevard; the motion
waived the s1dlMalks requirement along Virginia Beach Boulevard. (Engineering)
3. City water and sewer. (Health)
Mr. Fred Stanton, III, appeared on behalf of the applicant.
On motion by Councilman Holland, 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, Donald H. Rhodes, and Floyd E. Waterfield,
Jr.
''''"''.1
Nays: None
Absent: Councilmen George R. Ferrell and J. Curtis Payne.
City Council approved the above application of John Copeland, Inc., for
a Change of Zoning from Limited Commercial District 3 (C-L 3) to General
Commercial District 3 (C-G 3) and a Use Permit for new automobile sales
and service on certain property located at the Northeast corner of
Virginia Beach Boulevard and Greenfell Avenue, running a distance of
250.14 feet along the North side of Virginia Beach Boulevard, running a
distance of 451.87 feet along the East side of Greenfell Avenue, running
a distance of 250 feet along the South side of Broad Street and running
a distance of 460.28 feet along the Eastern property line. Said parcel
is known as Lots 1 through 18, part of Lot 19, all of Lots 23 through
40 and part of Lot 41, Block 31, Plat of Euclid Place. Said parcel con-
tains 2.6 acres more or less. (Aragona Village--Euclid Areas). BAYSIDE
BOROUGH. Approval of this application is subject to the following
stipulations:
. ,
1. Water line fees required and sewer to be provided by private
utility. (Public Utilities Division).
2. Standard site plan requirements to include pavement widening,
curb and gutter and storm drains required along Virginia Beach
Boulevard. (Engineering Division).
3. City water and sewer. (Health Department)
,-,I
4. Subject to the applicant placing on file with the City a letter
that states that the si.dewalks wjll be installed along Virginia
Beach Boulevard at the developer's cost if it is determined by
the Department of Community Services that these sidewalks are
necessary.
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I II ,II
(COUNCILMAN PAYNE RETURNED TO THE COUNCIL CHAMBERS)
ITEM #5650
~1tC.tton of Edwin S. Brock for a ~ ,of zo;t(l: from Rural Residence
"strict (R-I 1) to Residence SuburbiilDfitMct -5 3). to Restdence
Suburban District 2 (R-S 2). Multiple Faml1y Residence District (R-M) and
Lt.tted ea..erct., Dtstr1ct 3 (t-l 3) and a Use Permit to construct 90
single f..11y cluster un1ts (townhouses) on certain property beginning at
a point 750 f.t IIIOre or less West of Haygood Road. runn1ng a distance of
350 feet .... or less on the North side of Newtown Road, bounded on the
West by 8IlItd. Junior High School and bounded on the East and North by
Lake Smtth.
'arcel 1: Change of zoning from R-S 3 and R-R 1 to R-S 2: 175 acres more
or less.
Parcel 2: Chlnge of zontng from R-S 3 to t-l 3: 4.2 acres.
Parcel 3: Change of zoning from R-S 3 and R-R 1 to R-M: 18 acres.
Parcel 4: Change of zontng from R-S 3 and R-R 1 to R-M and a USe Permit
to construct 90 stngl. famtly cluster units (townhouses): 27.4 acres.
Pl.ts with .ore detailed infonnat10n are available tn the Department of
City Planntng. (81ys1de Junior High School Area). BAYSIDE BOROUGH.
Planning ~ssion Recommendation:
A motton by the Planning Commission was passed for approval of this request.
Said motion is subject to the following:
1. Water and sewer Hne fees required. (Public Utilities)
2. Standard site plan and subdivision requirements. Ftve Forks Road
shall be illlproved from .stern property 11ne to eastern property 11ne in
accordance with City standards for a full four lane go-foot road section in-
cluding curb and gutter. sidewalks and storm drains; provide a 60-foot right
of way with full tlllprovsents for the collector leading from Newtown Road north
tnto the project; ISO-foot drainage easement shall be dedicated along the exist-
ing slew at the eastern side of the site and a drainage ditch shall be constructed
of sufficient .fz. to acconmodate future runoff from its watershed; pavement
widening, st..'k1. curb and gutter. and stonn drain shall be required ,'ong
Newtown RId. (Engineering)
3. ThllO-foot dedication of right of way for Five Forks Road as shown on
appl1cat1.. (Real Estate)
4. C1 t)' water and sewer. (Health)
5. Parcell: Reconwnend approval if 6.8 acre park site 15 to be dedicated
to City or developed by builders; Parcel 3: ReCOl'l1l1end developer provide and
develop approximately 3 acres for active recreation; Parcel 4: ReCOllllllnd
developer provide and develop approximately 4 acres for active recreation.
(Parks and Recreation).
6. Slopes below the lS-foot contour are highly erodible slopes above
lake Whitehurst; these slOpes should remain in trees. Some lots do not hive
enough useabl. space above the 15-foot contour. (SOil Conservatton)
7. Parcell: Reconnend that these lots fronting on the I18jor north-south
collector street betwen the lake be redesigned to allow for additional depth
between the top of the bank C1S-foot contour) and the street; additional depth
15 necessary in order that the integrity of the slope will not be dtsturbed by
constructton. Parcel 2: RecOllllllnd that ingress-egress to the conmerctal area
be limited to one curb cut on Five Forks Road to provide for adequate traffic
control; reeonnend that any future COIIIIIerc1al development be buffered from the
surrounding land uses by a landscape earthern bem and/or adequate planting;
Parcel 3: Re~~ that access to the site for future development be limited
to one curb cut on Five Forks Road and one cut on the north-south collector and
in addition future construction should be kept above the 6-foot contour.
(Planning)
jl II ,II
Mr. Patrick L. Standing appeared on behalf of the applicant.
On motion by Councilman Holland, 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.
Nays: None
Absent: Councilman George R. Ferrell.
City Council deferred for a period of two (2) weeks the above applica-
tion of Edwin S. Brock for a Change of Zonin~ from Rural Residence
District (R-R 1) to Residence Suburban DistrIct 3 (R-S 3), to Residence
Suburban District 2 (R-S 2), Multiple Family Residence District (R-M)
and Limited Commercial District 3 (C-L 3) and a Use Permit to construct
90 single family cluster units (townhouses) on certain property beginning
at a point 750 feet more or less West of Haygood Road, running a distance
of 350 feet more or less on the North side of Newtown Road, bounded on
the West by Bayside Junior High School and bounded on the East and North
by Lake Smith.
Parcell: Change of zoning from R-S 3 and R-R 1 to R-S 2: 175 acres
more or less.
Parcel 2: Change of zoning from R-S 3 to C-L 3: 4.2 acres.
Parcel 3: Change of zoning from R-S 3 and R-R 1 to R-M: 18 acres.
Parcel 4: Change of zoning from R-S 3 and R-R 1 to R-M and a Use
Permit to construct 90 single family cluster units (townhouses): 27.4
acres.
'-'I
Plats with more detailed information are available in the Department of
City Planning. (Bayside Junior High School Area). BAYSIDE BOROUGH.
ITEM #5651
Appl1cation of John M. Wright by Henry flm'gan for a Chan~ of Z~nlnt from
Residence Suburban D1strtct 4 (R-S 4) to Limited COnwnerc a Lris r c 3 (C-L 3)
on certain property located at the Northwest corner of Plymouth Lane and
Laurel Lane, ",""ing a distance of 112.59 feet along the North side of
Laurel Lane, running a distance of 70 feet along the West side of Plymouth
Lane, running a distance of 110 feet along the Northern property Hne and
running a distanct of 71 feet along the Western property 11ne. Said parcel
is knGIIIIR as Lot 147, Plat of Laurel Manor and contains 7770 square feet more
or less. (Laurel MInor Area). LYNNHAVEN BOROUGH.
Planning C~ssion Recommendation:
A motton by the Planntng eommtsston was passed for denial of this request as
this represents an intrusion of commercial zoning into a residential area.
Oppes1tion was presented by the residents of the area to this proposed zoning
~_~ _,___~____ ~. nd__' _~ _ ..,__ ,__ '_______' _ ___~__" ~~- --,-~-- -, - ---
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,""'I
. ;
,I
Mr. Browner indicated that the Planning Department had received a letter
from Mr. John M. Wright requesting withdrawal of the above application.
Mr. Douglas Fitz-Randolph, Vice President, Laurel Manor Civic League,
appeared in opposition to the above application.
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.
''''''.''1
Nays: None
Absent: Councilman George R. Ferrell.
City Council denied the above application of John M. Wright for a Change
of Zoning from Residence Suburban District 4 (R-S 4) to Limited Commercial
District 3 (C-L 3) on certain property located at the Northwest corner of
Plymouth Lane and Laurel Lane, running a distance of 112.59 feet along the
North side of Laurel Lane, running a distance of 70 feet along the West
side of Plymouth Lane, running a distance of 110 feet along the Northern
property line and running a distance of 71 feet along the Western property
line. Said parcel is known as Lot 147, Plat of Laurel Manor and contains
7770 square feet more or less. (Laurel Manor Area). LYNNHAVEN BOROUGH.
This application was denied as the proposed change of zoning represents
an i.ntrusion of commercial zoning into a residential. area.
ITEH #5652
ApplieatiOl of IIrnIrd Jaffee for a Use Permit to construct a sewage pumping
stltion .. certain property located on the South side of Lampl Avenue Extended
begtnntng It a potnt 640 feet more or less East of Caren Drive. Said parcel
11 designated a. 75 feet by 75 feet. (Birchwood Gardens Area). LYNNHAVEN
'''''1' BOROUGH.
Planning Commissfon Recommendation:
A MOtion by the Planning Commission was passed for approval of this request.
Said _tion is subject to the following: Standard site plan requtrenents.
(Engineering) .
Mr. Douglas Talbot appeared on behalf of the applicant.
On motion by Councilman Malbon, seconded by Councilman Holland, and by
recorded vote as follows:
.....1
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 above application of Bernard Jaffee for a
Use Permit to construct a sewage pumping station on certain property
located on the South side of Lampl Avenue Extended beginning at a point
640 feet more or less East of Caren Drive. Said parcel is designated
as 7S feet by 75 feet. (Birchwood Gardens Area). LYNNHAVEN BOROUGH.
Approval of this application is subject to standard site plan require-
ments as required by the Engineering Division.
. ,
"'''''"_>'1
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llI"tj
ITEM #5653
Appltcatton of .... Drive Assoc.. for a Use Penn1t to const"'ct 492 _tet
condClllini. a...t 1RQ on certain propertj'Toc:ated on the North side of Shore
Drive beginning at a point 200 feet more or less East of North Great Neck
RDad. running I distance of 1085 feet IRON or less along the Southem pro-
perty line of whtch 935 teet lION or less fa the North side of Shore Drive.
running a dtltlnce of 643.64 feet along the Eastern property line. ",nning
a distance of .3.54 feet along the Northern property line and running a
distance of 752 feet along the Western property l1ne of which 215 feet is
the East s1de of North Great Neck Road Extended. Said parcel contains 15.1
acres IIOI'e or lesl. (Seaview Beach Area). LYNNHAVEN BOROUGH.
Plannfng CoIInfssi. Re~datfon:
A motion by the Planning ~Ision was passed for approval of this request.
Said IIOtfon ts subject to the following:
1. Water and sewer line fees required. (Public Utilities)
2. City wate.. and sewe... (Health)
3. RacoMIInd approval if facilities are provided as shown on site plan
dated January 9. 1973. (Parks and Recreation)
4. Suggest partiCipation in school sfte acqutsition.
5. Stlndard sfte plan requinments to include:
a. A twelve..foot pavement widening with curb and gutter, sidewalks and
stol"ll dratns as necelsa..y along frontage on Shore Drive.
b. Two entrances only shall be allowed on Shore Drive; these shall be
loclted 500 and 1 .000 feet from Great' Neck Road.
c. Mldian crossovers with 200-foot left turn lanes shan be constructed
by dive lope.. It each entrance on Shore Drive.
d. Crossovers with left tum lanes should be prodded on Shore Drive
opposite tM site's access potnts.
e. lit additional entrance shan be provfded off Great Neck Road; from
tltis .,...... to Shore Drfve. the developer shall construct 30 feet of pav_nt
with curb. gutter and sfdewalks along the frontage on Great Neck Road.
f. A 2OO..foot left tum lane adjacent to eastbound lanes on Shore Drive
at Great Neck Road shall be constructed by developer and the cost for additional
signalization at this intersection shall be borne by the developer.
9. A 3O-foot unobstructed public easement from mean high water shall be
dedicated to the City of Vfrginia Beach along the bay side.
h. All stom drainage shall be suftably routed to the bay.
i. Dune line between project and meaa high water must be maintained at
elevation 16.0 feet mean sea level, otherwise a City standard bulkhead with top
elevatton of 10 feet mean sea level shall be constructed along beach frontage and
reviewed by the City Engineer.
j. No grading of site shall occur without first obtaining pem1ssion
from the City of Virginia Beach. (Engineering and Planning)
, I
Ii II
~r. Steve Seawright appeared on behalf of the applicant.
On motio~ by Vice Mayor Ervin, 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. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and
Floyd E. Waterfield, Jr.
.e<-"~'I
Nays: None
Absent: Councilman George R. Ferrell.
City Council deferred for a period of two (2) weeks the above application
of Shore Drive Assoc., for a Use Permit to construct 492 motel condominium
apartments on certain property located on the North side of Shore Drive
beginning at a point 200 feet more or less East of North Great Neck Road,
running a distance of 1085 feet more or less along the Southern property
line of which 935 feet more or less is the North side of Shore Drive,
running a distance of 643.64 feet along the Eastern property line, running
a distance of 963.54 feet along the Northern property line and running a
distance of 752 feet along the Western property line of which 215 feet is
the East side of North Great Neck Road Extended. Said parcel contains
15.1 acres more or less. (Seaview Beach Area). LYNNHAVEN BOROUGH.
(COUNCILMEN CALLIS AND WATERFIELD LEFT THE COUNCIL CHAMBERS)
ITEM ##5654
.'t_Ce. ., .... e.ati-Uii1. Co. lid CNlop Land and Dlve'OI2.n, ~.. for
. ... fIIIb.. " _truct 1 ..... ......t.. s'atton on ctrtatnpf'Ol'8l"1.Y I_teet
13U1J'fiit"iiih .. 1_ SOUtft of HI.,... ANd and 2300 feet lION or ,... We.t of
0.._ "".ard. . Slfd ,.,.1 f. 90 f..t along the Northern property Une.
80 flet al.. .. Eastern ~ 19ne. 98 feet along the Southe", property
Unt and 60 feet 11"'9 the VI.te", property line and is to servfce Harpe..
SqUIN .... Derby llYn. (0cI_ Naval Atr Station Area). PRINCESS ANNE
BOROUGH.
~!W',.!
".nn1ft1 ec.t..,. ~ndatfOft:
A _i. .., ... 'l_fng r..t..t... .. ,.ssed for approval of thi. r.....st.
IIi. _tOIl t. -.teet to the Jon.....,: StMdlrd site pl,n requi.......
(!nIt_ri..)
On motion by Councilman Payne, seconded by Councilman Gardner, and by
. recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., Vice
Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. ~iurray
Malbon, J. Curtis Payne, and Donald H. Rhodes.
1'""1
Nays: None
Absent: Councilmen Robert H. Callis, Jr., George R. Ferrell, and Floyd
E. Waterfield, Jr.
City Council approved the above application of Bush Construction Co. and
Crelor Land and Development Co., for a Use Permit to construct a sewage
pumping station on certain property located 1300 feet more or less Sout~
of Harper Road and 2300 feet more or less West of Oceana Boulevard. SaId
parcel is 90 feet along the Northern property line, 80 feet along the
Eastern property line, 96 feet along the Southern property line and 60
feet along the Western property line and is to service Harper Square and
Derby Run. (Oceana Naval Air Station Area). PRINCESS ANNE BOROUGH.
Approval of this application is subject to standard site plan requirements
as required by the Engineering Division.
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(COUNCILMEN CALLIS AND WATERFIELD RETURNED TO THE COUNCIL CHAMBERS)
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ITEM *5655
WUcatt. fIf ...., c.tt,..tt... Corpo..att... for a ~ tfz..,t~ ".
lilt... sua... IHstrtct 4 (1-5 4) to ""tipl. fllllfT11islCitiite strict
(R....) .... . .... ~t to COftstruct 36 toMIhouses on certafn propertyloclted
. eM Soutliiiift comer of Pl.asure House Road and 8rtgadoon Drive runntng .
cttltucl of 200 feet "ong the West .tde of Ple.sure House ANd. ruM1ng .
dtstance of 431.10 f.t .1089 the South .,de of Brtgadoon Drive. ruM1ng a
dilt.at of 200 feet "Oftt the Vlltem property ltne Ind running a distance
of 435.10 ,..t along the Southem PNperty 11ne. Said parcel is known IS
Lots 17 IIId 18. ""1de Cerpol'at1on. and contains 2 acres. (Br.dford
Terr.ce ANa). IAYSIDE BOROUIH.
'l....tn' co.tl.t.. aeCGJ1l1nc1atfon:
A .tton by .tIIe ',....'''' ec.1ss1on WIS passed for dental of this ""IUllt .s
the use ,.-.tt II .......ted ts tn conflict wtth the "ys1de Dlvel...t Plln
tllbtch rMII 1* ,. ....t.ti., us. of 3-6 dWelltng untts pel' .e....
Mr. James Evans, Attorney, appeared on behalf of the applicant.
Mr. H. Ruhl appeared in opposition to the above application.
Mr. J. P. Parker, appeared in opposition to the above application.
On motion by Councilman Holland, seconded by Councilman Waterfield, and
by recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr.,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes,
and Floyd E. Waterfield, Jr.
Nays: Councilmen John A. Baum, Vice Mayor F. Reid Ervin, and Charles W.
Gardner.
Absent: Councilman George R. Ferrell.
City Council referred back to the Planning Commission the above applica-
tion of Gersal Construction Corporation for a Change of Zonin~ from
Residence Suburban District 4 (R-S 4) to Multiple Family Resi ence District
(R-M) and a Use Permit to construct 36 townhouses on certain property
located on the Southwest corner of Pleasure House Road and Brigadoon Driv(!
running a distance of 200 feet along the West side of Pleasure House Road,
running a distance of 435.60 feet along the South side of Brigadoon Drive,
running a distance of 200 feet along the Western property line and running
a distance of 435.60 feet along the Southern property line. Said parcel
is known as Lots 17 and 18, Bayside Corporation, and contains 2 acres.
(Bradford Terrace Area). BAYSIDE BOROUGH. This application was referred
back to the Planning Commission with a suggestion that the density be
----reducted to ten to twelve units for the two acre parcel in lieu of the
36 townhouse units requested by the applicant.
ITEM #5656
Mr. Richard Webbon announced the resignation of Mr. Fred M. Wilkerson
from the Board of Equalization of Real Estate Assessments which became
effective March 15, 1973 and the appointment--by the Honorable Robert S.
Wahab, Jr., Judge of Circuit Court of the City of Virginia Beach--of
Mr. Lloyd A. Murden to the Board of Equalization of Real Estate
Assessment to serve the unexpired term of Mr. Wilkerson effective March 16,
1973 and ending December 31, 1973.
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ITEM # 5657
JJ!lo!-<I'
On motion by Councilman Rhodes, seconded by Councilman Holland, 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 on second, reading the following Ordinance
authorizing the issuance of $3,000,000 Public Improvement Bonds of the
City of Virginia Beach:
AN oRDINANCE AUTHORIZING THE ISSUANCE OF
$3,000,000 PUBLIC IMPROVEMENT BONDS OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
*<xO~
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
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1. It is hereby determined to be necessary and expedient
for the City of Virginia Beach to construct and improve various
public facilities and improvements, all of which will promote the
development and public welfare of the City, and to borrow money
for such purposes and issue the City's general obligation bonds
therefor.
2. Pursuant to the authority of the Charter of the City
of Virginia Beach (Ch. 147, Acts of Assembly of 1962, as amended),
and the Public Finance Act, as amended, there are hereby authorized
to be issued Three Million Do1lars~3,000,OOO) Public Improvement
Bonds of the City of Virginia Beach to provide funds, together with
,~I
other funds that. may be available, for the following purposes:
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Planning, construction, sitetmprove-
ments, enlargements and equipping
of municipal buildings, including
public safety building, circuit
and municipal court buildings,
administration building, animal
control building and heating plant
$1,320,000
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Planning and construction of park
and recreation facilities, including
construction of boat ramp and bicycle
trails, enlargement of club house
and other facilities at municipal
golf course and plans for community
center
235,000
Bulkheading south of existing board-
walk along oceanfront
50,000
Improve and extend streets and
highways
1,145,000
Site improvements for community
college
250,000
$3,000,000
Any amounts not needed for any of such purposes may be used for
any other of such purposes.
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3. The bonds shall bear such date or dates, mature at
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such time or times not exceeding forty years from their dates,
bear interest at such rate or rates not exceeding the maximum rate
permitted by law at the time the bonds are sold, be in such
denomination and form, be executed in such manner and be sold at
such time or ttmes and in such manner as the Council shall here-
after provide by appropriate resolution or resolutions.
4. The bonds shall be general obligations of the City of
Virginia Beach for the payment of principal of and interest on
which its full faith and credit shall be irrevocably pledged.
lirst Reading: March 12, 1973
March 19, 1973
o
-b~c~
Mayor
~"" 0nd Reading: March 19, 1973
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ITEM" 5658
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On motion by Councilman Payne, seconded by Councilman Holland, 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 on second reading the following Ordinance
authorizing the issuance of $4,000,000 Water and Sewer Bonds of the
City of Virginia Beach:
AN ORDINANCE AUTHOR.IZING THE ISSUANCE OF
$4,000,000 WATER. AND SEWER BONDS OF THE "* Q..o7
CITY OF VIRGINIA BEACH, VIRGINIA
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. It is hereby determined to be necessary and expedient
for the City of Virginia Beach to improve and extend its water
transmission and distribution system and sewer collection system
to provide for the orderly growth and development of the City,
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and to borrow money for such purposes and issue general obligation
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bonds therefor.
2. Pursuant to the authority of the Charter of the City
of Virginia Beach (Ch. 147, Acts of Assembly of 1962, as amended)
and the Public Finance Act, as amended, there are hereby authorized
to be issued Four Million Dollars ($4,000,000) Water and Sewer Bonds
of the City of Virginia Beach to provide funds for improving and
extending its water transmission and distribution system and sewer
collection system, including acquisition of rights of way.
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3. '11le bonds shall bear such date at' dates, mature .t
such time or times, not exceeding forty years from their dates, bear
interest at such rate or rates, be in such denomination and form, be
executed in such manner and be sold at such time or times and in
such manner as the Council shall hereafter provide by appropriate
resolution or resolutions.
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4. The bonds shall be general obligations of the City
of Virginia Beach for the payment of principal of and interest on
which its full faith and credit shall be irrevocably pledged.
first Reading: March 12, 1973
~~a!3
'~ . v..~
' Mayor
ITEM ## 5659
On motion by Councilman Waterfield, 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. 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 on first reading the following Ordinance to amend
and reordain Section 20-4 of the Princess Anne County Code and retained
by Ordinance Number 160 of the City Code relating to trailers and trailer
camps:
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AN ORDINANCE TO AMEND AND
REORDAIN SECTION 20-4 OF THE
PRINCESS ANNE COUNTY CODE AND
RETAINED BY ORDINANCE NUMBER 160
OF THE CODE OF THE CITY OF VIRGINIA
BEACH RELATING TO TRAILERS AND
TRAILER CAMPS
~M-'''r
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
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That Section 20-4, third paragraph, is amended and reordained
to read as follows:
Every application for a permit required by this chapter shall
be filed with the agent accompanied by a check or cash payment of
twenty-five dollars, which shall be applied to the cost of reviewing
and processing the application. The agent shall thereupon transmit
the same to the planning commission. The commission shall hold a
public hearing upon any application received and shall consider the
probable effect upon the health, safety, morals or the general welfare
of the immediate community or the city as a whole. The commission,
after public hearing, shall report its findings to the City Council
together with its recommendation which may include appropriate condi-
tions for approval.
In granting any permit, the Council may consider such conditions
in granting such permit.
An emergency exists and this ordinance shall be in full force
and effect from the date of adoption.
First Reading: March 19, 1973
Second Reading:
Adopted by the Council of the City of Virginia Beach, Virginia, on
the
day of
, 1973.
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ITEM It 5660
Consideration of an Ordinance authorizing the Virginia Beach Community
Chapel to hold a certain parcel of real estate in excess of four acres
was deferred for a period of one week.
ITEM * 5661
On motion by Vice Mayor Ervin, seconded by Councilman Malbon, and by
recorded vote as follows:
._fl
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.
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Nays: None
Absent: Councilman George R. Ferrell
City Council approved the following Ordinance appointing Viewers relative
to closing portions of 19th Street (extended), Washington Avenue (extended)
and 20-foot alley-property as shown on Plat of Brownie Park in Virginia
Beach Borough:
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,ll1I",,1..LL. BUTLER
8r CANADA
" TORNEYS AT LAW
V 'COINI" BlEACH. VA.
ORDINANCE APPOINTING VIEWERS
tdO~
WHEREAS, Virginia Beach Festival Park, Ltd. has given due and
proper notice, in accordance with the statutes for such cases made and
provided that they would this day apply to the City Council of the City of
Virginia Beach, Virginia, for the appointment of viewers to vies 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
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from the discontinuance of the hereinabove described portions of 19th
Street, 20th Street, Washington Avenue and two 20 foot Alleys located in
the City of Virginia Beach, Virginia, and have filed such application with
the said Council.
NOW, THEREFORE, BE ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH THAT Mr. J. N. McClanan, Mr. George
L. Hanbury, and Mr. C. C. Carrington
are hereby appointed to view the below described property and report in
writing to the CounCil on or before
April 23, 1973
, whether in
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20th Street, Washington Avenue and the two 20 foot Alleys located in Virginia i
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their opinion and and if any, what inconvenience would result from the
discontinuance, closing and vacating of that certain portion of 19th Street,
Beach, Virginia described below:
That certain portion of 19th Street Extended (status Undetermined .
and Unimproved) as shown on Survey of Property of ,vir ginia Beach I
Festival Park, Ltd. beginning at its intersection with North Birdneck I
Road and running eastward approximately 1100 feet to property former1ty
Thelma B. Gilbert; (noted in red on attached survey); Washington Avequ.e
Extended, that portion of which fronts on Lots, 31, 30, 29, 28, 27, '
26, 3' and 24 as shown on Plat of "Brownie Park", Map Book 26,
page 3, said portion of Washington A venue Extended ending in a
traffic circle, noted in red on atached survey; 20 foot Alley, Block 6,
beginning at Parks Avenue and running westward through Lot 18
of property formerly David Stormont Estate, marked in red on
attached survey; 20th Street between Block 5 and 6, beginning at !
Parks Avenue and running through Lot 22, marked in red on attached i
survey; 20 foot Alley, Block 5, beginning r..t Parks A venue and running!
through Lot 2, property formerly The Atl&.ntic Investment Co. All I
property now owned by Virginia Beach Festival Park, Ltd.
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ITEM II 5662
On motion by Coqncilman Gardner, seconded by Councilman Payne, and by
recorded vote as follows:
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Ayes: Councilme~ John A. Baum,.Rober! H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., V~ce Mayor F. Reld Ervln, 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 to amend and reordain
Section 6-~3 o~ the C?de of the City of Virginia Beach relating to
where surflng 15 perm1tted and to repeal Ordinance Number 435:
,I
ORDINANCE NO. 436
AN ORDINANCE TO AMEND AND REORDAIN
56-33 OF THE CODE OF THE CITY OF
VIRGINIA BEACH RELATING TO WHERE
SURFING IS PERMITTED AND TO REPEAL
ORDINANCE NO. 435.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH:
That 16-33 of the Code of the City of Virginia Beach, Virginia,
is amended and reordained to read as follows:
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It shall be unlawful for any person to surf or to have
a surfboard in the city in the littoral waters of the
Atlantic Ocean except as permitted by this section as follows:
(a> At the city recreation park, Little Island, at
places and times as designated by the director of parks
and recreation.
(b) South of Little Island Park to the state line,
between sunrise and sunset, subject to restrictions that
may be imposed by the United States in the area owned by
it, and further subject to the provisions of 16-22.
(c) In the area between the southern boundary of the
United States Naval Reservation, Dam Neck, and the northern
line of Little Island Park, between the hours of sunrise
and sunset, except that between May 15 and September 30,
surfing is not permitted between the hours of 10:00 a.m.,
and 5:00 p.m.
(d) In the areas north of the northern line of Camp
Pendleton to the southern boundary of Fort Story, between
the hours of sunrise and sunset, except that between the
period May 15 through September 30, ~urfing is not permitted
between the hours of 10:00 a.m. and 5:00 p.m. Surfing is
permitted in the area between center line of 3rd Street
prolongated eastward pxtending north to center line of 5th Street
prolongated easbWard' between sunrise and sunset.
. I
(e) Surfing is prohibited at all times within 300 feet
north and 300 feet south of the wooden Fishing Pier-rocated
between 14~ana-r5th Streets and 300 feet north of the Steel
Fishing Pier, located at 3rd Stree~as-welt as the area
south of the Steel Fishing Pier to the northern jetty of
Rudee Inlet.
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An emergency exists and this ordinance shall be effective from
the date of passage.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 19th day of
March
t 1973.
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ITEM # 5663
On motion by Councilman Payne, seconded by Councilman Gardner, and by
recorded vote as follows:
"'-I
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
Due to new legislation, it is required that the City of Virginia Beach
have additional registrars available to serve the public. As a result,
the Board of Elections has requested additional space in the office of
Mrs. Anna Cotton, General Registrar. Therefore, City Council approved
an appropriation in the amount of $12,500 from Reserve for Contingencies
for an e~tension on the General Registrar's office.
ITEM 1#5664
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. 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 an appropriation in the amount of $1,750 for
the second half dues to TVDC.
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ITEM #5665
On motion by Councilman Gardner, seconded by Counctlman Payne, 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
The administrative staff has been working for some time with Nepratex
Industries, Incorporated to develop a sewer and water contract that
would allow Nepratex to pay their line fees based on a reasonable
schedule. Therefore, City Council authorized the City Manager to enter
into an agreement with Nepratex that will allow them to pay the $68,750
fee over a twelve year period.
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ITEM # 5666
On motion by Vice Mayor Ervin, seconded by Councilman Gardner, and by
recorded vote as follows:
1"-....1
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 authorized the City Manager to enter into a contract with
Talbot, Wermers and Associates to perform design engineering work for
Trantwood, Southern Points and Britany Estates.
ITEM # 5667
On motion by Councilman Rhodes, 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.
Nays: None
Absent: Councilman George R. Ferrell
City Council authorized the vacation of a previously existing 80.foot
easement on the preliminary subdivision of land by Betty J. Thomas, at
the western end of New Street off South Gum Avenue, in the Kempsville
area.:,'"
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ITEM *5668
Mrs. Gray, a resident of the Queen City Area of Virginia Beach, appeared
before City Council regarding water, sewer and poor road conditions in
her neighborhood.
The administrative staff indicated that Queen City--installation of sewer--
had been included in Revenue Sharing Funds and further indicated that they
would investigate the water and road problems in the subject area.
. ITEM * 5669
jI"-1
On motion by Councilman Baum, seconded by Councilman Payne, 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 adopted the following Resolution appointing Councilman
Robert H. Callis, Jr. and Vice Mayor F. Reid Ervin to the Tidewater
Transportation District Commission:
""'1
RESOLUTION APPOINTING
AND
MEMBERS OF THE CITY COUNCIL OF
VIRGINIA, AS MEMBERS OF THE TIDE-
WATER TRANSPORTATION DISTRICT
COMMISSION
K- ~ 9 5"
WHEREAS, it is necessary to appoint two members of
the City Council as 'Commissioners of the.Tidewater Tra~sportation
District;
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Virginia Beach , Virginia that Vice Hayor F. Reid Ervin and
Jr., '
Councilman Robert H. Callis," members of this body, are hereby
appointed as members of the Tidewater Transportation District
Commission, to represent this City on that body.
, ,
Adopted by the Council of the City of Virginia Beach
Virginia, on
,e'>'1
March 19
, 73
.
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ITEM #15670
Mayor Cromwell, with the concurrence of Council, appointed the follow-
ing persons to the "Fort Story Committee" to study the possible use
of the beach in that area:
Councilman Robert H. Callis, Jr.
Councilman Charles W. Gardner
Councilman J. Curtis Payne
Mr. Scott Tyler, Inter-governmental Relations Officer
ITEM #15671
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. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell.
City Council noted its intention to hold a closed meeting on Monday,
March 26, 1973, for the purpose of discussing items permitted for
discussion under the Freedom of Information Act of the Commonwealth of
Virginia.
ITEM #5672
P4 On motion by Councilman Holland, seconded by Councilman Rhodes, and by
unanimous vote, the meeting adjourned.
~~~~
o ert . Cr we , Jr., yor
City of Virginia Beach,
Virginia
March 19, 1973
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