HomeMy WebLinkAboutJULY 16, 1973
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MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
July 16, 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, July 16, 1973,
at 2:00 p.m.
The invocation was given by the Reverend Emory S. Ellmore, Princess
Anne Methodist Church, Virginia Beach, Virginia.
Councilmen present: 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,
Donald H. Rhodes, and Floyd E. Waterfield, Jr.
Councilmen absent: None
ITEM #6121
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, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Ma1bon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the Minutes of the Regular Meeting of July 9,
1973, and the reading of said Minutes dispensed with inasmuch as
each Councilman had a copy of the subject Minutes before him.
ITEM #6122
Mayor Cromwell introduced Mr. Ralph Barnes, Tidewater Soap Box Derby
Association, and the winner of the Tidewater soap box derby David Ozoman~
ITEM #6122 (a)
Mr. Richard Webbon, City Clerk, annour.ced that Councilmen Charles W.
Gardner and John A. Baum had filed their financial statement in the
office of the City Clerk
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ITEM #6123
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Attorney Lucus Cox appeared before City Council as a representative
of the Virginia Beach Community Ballet, Incorporated. Ms. Smeltzer,
founder of the Riverton-On-the-Elizabeth Acadeny of Dance, also
appeared before City Council.
Attorney Grover C. Wright, who is associated with the Virginia Beach
Civic Ballet, indicated that the Virginia Beach Civic Ballet is a
chartered non-profit organization and questioned Mr. Cox concerning
the status of the Virginia Beach Community Ballet in this respect.
He was advised that the Virginia Beach Community Ballet is in the
process of securing a non-profit certificate from the Internal
Revenue Service.
Ms. Smeltzer indicated that a contribution to the Virginia Beach
Civic Ballet would tend to freeze-out other such organizations
as they could not compete with a subsidized group.
Vice Mayor Ervin informed Ms. Smeltzer that the funds for the
vi~ginia Beach Civic Ballet have been withheld~as they are not
the oniy non-profit orzanization in the City of Virginia Beach.
Upon Motion by Councilman Rhodes,. seconded by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Councilmen Mayor Robert,B. Cromwell, Jr., G~orge R. Ferrell,
D. Murray Ma1bon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor
F. Reid Ervin, and Clarence A. Holland.
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Abstain: Councilman Charles W. Gardner
City Council deferred funding of prior authority of the Virginia
Beach Civic Ballet until such time as a Fine Arts Commission is
formed. Refer the matter to the Commission for recommendations
back to the Council prior to authorizing the grant.
ITEM #6123 (a)
App~ication of Sea ~ay Dev~lopment.Corp., by R. G. Bosher for a Change of
fon1}g from One Faml~y Resldence Dlstric~ (R-l) to Retail Business District
B-1 and a Use Permlt to operate a parklng lot on certain property located
on the West side of Pacific Avenue extending between Norfolk Avenue and 11th
Street, running a distance of 135 feet more or less along the North side of
Norfolk Avenue, running a distance of 620 feet more or less along the West
side of Pacific Avenue, running a distance of 80 feet along the South side
of 11th St~eet, run~ing a distance of 600 feet more or less along the Western
property llne of whlch 90 feet more or less is the East side of Lake Drive.
VIRGINIA BEACH BOROUGH.
Planning Commission Recommendations:
A motion by the Planning Commission was passed for approval of this application
subject to the following:
1. Modified the request to a period of two full seasons
. i 2. S~and~rd site plan req~irements to include sidewalks: curb and gutter,
pav:ment wldenlng and storm dra:ns as necessary along the adjoining rights of
way, no encroachment ?nto the.Clty lak~ shall be permitted. (Engineering)
.3. Plant scr~e~lng meetlng Plannlng Department specifications shall be
requlred along Paclflc Avenue and that provisions to bulkhead the backfilled
area shall be subm~tted for the Engineering Department approval. (Planning)
4. Useable dlstance between Lake Holly and Pacific St. 115 feet- needed
area 138 ft., no provision for bulkheading. (Soil Conservation). '
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Mr. Houser appeared on behalf of the applicant.
The matter of the application of Sea Bay Development Corporation
for a parking lot on Pacific Avenue extending between Norfolk Avenue
and 11th Street. The City Council directed the enforcement officer
to issue a stop work order in that the applicant had not conformed
with the requirements set forth in the action of City Council on
June 25, 1973, Item number 6044.
Mr. Houser, representing the applicant, indicated the requirements
of City Council were not clear to him. After considerable dis(iussion.' /.
City Council directed the City Manager to endeavor to solve the
problem through administrative action and report back to the City
Council if the application of Sea Bay Development Corporation did not
conform to the requirements as set forth in the original application.
If the administrative action solves the problems the stop work order
will be lifted.
Excerpt from City Council Minutes of June 25, 1973:
Item #6044
Application of Sea Bay Development Corp.
Mr. Houser appeared on behalf of the applicant~
On motion by Councilman Calliss 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, Donald
H. Rhodes, and rloyd E. Waterfield, Jr.
Nays: None
.-1 Absent: None
City Counc~l's approval was subject to the following stipulations:
City Council approved the above application of Sea Bay Development
Corp. for a Change of Zoning from One Family Residence District (R-1)
to Retail.Buslness DIstrIct (B-1) and a Use Permit to operate a park-
ing lot on certain property located on the West SIde of Pacific Avenue
extending between Norfolk Avenue and 11th Street, running a distance of
135 feet more or less along the North side of Norfolk Avenue, running a
distance of 620 feet more or less along the West side of Pacific Avenue,
running a distance of 80 feet along the South side of 11th Street, run-
ning a distance of 600 feet more or less along the Western property line
of which 90 feet more or less is the East side of Lake Drive. VIRGINIA
BEACH BOROUGH.
Approval of this application is subject to the following stipulations:
1. Modified the request to a period of two full seasons.
2. Standard site plan requirements to include pavement widening and
storm drains as necessary along the odjoining rights of way; no
encroachment onto the Ci ty lake shall be permi tted. CEngineeri~g)
3. Plant screening meeting Planning Department specifications shall
r 1 be required along Pacific Avenue and that provisions to bulkhead
the backfilled area sh:tll be ~ubflittC'd for the Engineering Depart-
ment approval. (Planning)
4. Development of this site shall be limited to the six-foot contour
as shown on the City of Virginia Beach Tapa Map.
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ITEM #6124
Application of lakes Assoc., by larasan Realty Corp. for a Change of Zoning
from Multiple Family Residence District (R-M) to limited Commercial District
1 (C-l 1) on certain property located on the East side of Holland Road beginn-
ing at a point 2350 feet more or less North of South lynnhaven Road, running
a distance of 1350 feet more or less along the Western property line of which
900 feet more or less is the East side of Holland Road, rynning a distance of
610 feet along the Northern property line, running a distance of 1365 feet
along the Eastern property line and running a distance of 745 feet more or
less along the Southern property line. Said parcel contains 17 acres more
or less. PRINCESS ANNE BOROUGH.
Planning Commission Recommendations:
A motion by the Planning Commission was passed for approval of this request sub-
ject to the following:
1. Water and sewer line fees required. (Public Utilities)
2. Standard water and sewer agreements required. (Public Utilities)
3. Standard site plan requirements to include:
a. Pavement widening, curb and gutter, sidewalk and storm drains as
necessary along Holland Road. The motion included the stipulation that improve-
ment of Holland Road be included in the first phase of development, and that no
curb cuts be allowed on 'Holland Road.
b. That portion of Eljay Street that is shown as a 50-foot right of way
shall be a 60-foot right of way and full street improvements shall be provided
along the length traversing the property. ,
c. A 100-foot wide drainage easement shall be required extending from t .
lake system in Green Lakes to Holland Road; the easement shall be located appro;~ "
mately 500 feet northwest of Eljay-Holland intersection. This easement is for fu~:t.::.:::
tidal canal to service total PUD corridor. (Engineering)
. 4. A dedication of right of way 45 feet from the centerline of the existinq
50-foot right of way along the gOO-foot more or less frontage on Holland Road
(20-foot dedication). (Real Estate)
5. City water and sewer. (Health).
Mr. Douglas Talbot appeared on behalf of the applicant.
Mrs. Reba McClanan and Mr. Sam Houston appeared on opposition to
the above apPlication.
On motion by Councilman Payne, seconded by Councilman Malbon, and
by recorded vote as follows:
Ayes: Councilmen George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, and Floyd E. Waterfield, Jr.
Nays: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B
Cromwell, Vice Mayor F. Reid Ervin, Charles W. Gardner, and Donald H. .
Rhodes.
Absent: None
City Council denied the. above application of Lakes Associates, by
Lar~san Re~lty Cor~ora~lon for a Change of Zoning from Multiple
FamIly ResIdence.DIstrIct (R-M) to Limited Commercial District 1
(C-~ l~ on certal~ property located on the East side of Holland Road
begInnIng ~t a po~nt 2350 feet more or less North of South Lynnhaven
Road, runn~ng a dIs~ance of 1350 feet more or less along the Western
property lIne of WhICh 900 feet more or less is the East side of
Holland Ro~d, runni~g a distance of 610 feet along the Northern
property l~ne, runnIng.a distance of 1365 feet along the Eastern
property lIne and runnl~g a dis~ance of 745 feet more or less along
the South~rn property lIne. SaId parcel contains 17 acres more or
less.. PrIncess Anne Borough. The application was denied as it would
constItute spot zoning.
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ITEM #6125
Application of the Lakes, Incorporated for a Use Permit to construct 171 multi-
family (condominium) units on certain property beginning at a point 2695 feet
more or less West of South Lynnhaven Road and 610 feet more or less North of
Holland Roadt running a distance of 1195 feet more or less along the Southern
property line (a portion of which is the North boundary line of Holland Elemen-
tary School), running a distance of 925 feet more or less along the Eastern
property.line, ~unning a distance of 638 feet along the Northern property line
and runnlng a dlstance of 1124 feet along the Western property line. Said
parcel contains 17.1 acres. PRINCESS ANNE BOROUGH
Planning Commission Recommendations:
A motion was passed by the Planning Commission for approval of this request subject
to the following:
1. Standard subdivision/site plan requirements to include the following:
a. A 100-foot drainage easement through the lake shall be required.
b. Lake banks shall have 6 to 1 slopes.
c. Plan shall be redesigned so that driveways which intersect the public
rights of way align opposite one another. (Engineering)
2. Recommend developer provide active recreation areas; the minimum shall be
2.6 acres for this 17.1 acre site; also recommend no credit be given for the lakes.
(Parks and Recreation).
3. Suggest participation in school site acquisition.
Mr. Douglas Talbot appeared on behalf of ~he applicant.
Mr. Sam Houston appeared in opposition ,to the application.
On motion by Councilman Rhodes, seconded by Councilman Gardnert and
by recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, D.
Murxay'Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: Councilmen John A. Baum, and Clarence A. Holland.
Absent: None
City Council approved the above application of Lakes, Incorporated
for a Use Permit to construct 171 multi-family (condominium) units
on certain property beginning at a point 2695 feet more or less
West of South Lynnhaven Road and 610 feet more or less North of
Holland Road, running a distance of 1195 feet more or less along the
Southern property line (a portion of which is the North boundary line
of Holland Elementary School), running a distance of 925 feet more or
less along the Eastern property line, running a distance of 638 feet
along the Northern property line and running a distance of 1124 feet
along the Western property line. Said parcel contains 17.1 acres.
Princess Anne Borough. Approval is subject to the following stipulations:
1. Standard subdivision/site plan requirements to include the
following:
a. A 175-foot drainage easement through the lake shall be
required.
b. Lake banks shall have 6 to 1 slopes.
c. Plan shall be redesigned so that driveways which intersect
the public rights of way aligh opposite to one another (Engineering)
2. Recommend developer provide active recreation areas; the
minimum shall be 2.6 acres for this 17.1 acre site; also recommend
no credit be given for the lakes. (Parks and Recreation)
3. Suggest par~icipation in school acquisition.
4. Subject to Master Recreation Plan.
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ITEM #6126
Application of William A. Brown for a Use Permit to construct 368 apartment
units on certain property located on tne-1Iest side of South Birdneck Road across
from Owls Creek Road, running a distance of 615.12 feet along the West side of
South Birdneck Road, running a distance of 2306.63 feet along the Northern pro-
perty line, running a distance of 1761 feet more or less along the Western pro-
perty line and running a distance of 1179.60 feet along the Southern property
line. Said parcel contains 30.681 acres. (Seatack Area).' LYNNHAVEN BOROUGH.
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Planning Commission Recommendations:
A motion by the Planning Commission was passed for approval of this request sub-
ject to the following:
1. Modified the requested 368 apartment units to 270 apartment units.
2. The lease for the proposed apartment units be so structured so as to make
~he occupants aware that these apartments are located in Noise Zone 3.
3. Standard site plan requirements to include the following:
a. Pavement widening, curb and gutter, sidewalk and storm drains as
necessary along South Birdneck Road.
b. A.50-foot right of way dedication along the northern property line and
construction of standard 30-foot road section; this shall align with Owl IS Creek Rd.
c. A dedication of 150 feet in width along the western property line for
easement for future canal. .
d. A 50-foot right of way dedication and construction of a standard 30-foot
road is required in the north-south direction travers.ing the site; this will even-
tually tie to Saint Avenue and Bells Road (~n aerial photograph. is included in the
fi 1 e). (Engi neering) .
4. Dedication of 45 feet from the centerline of the existing 60-foot right of
way along the 615.12-foot more or less frontage on South Birdneck Road (15-foot
dedication). (Real Estate)
5. City water and se~'/er. (Health)
6. Recommend builder provide recreation as shown plus some tot lot areas.
(Parks and Recreation).
7. Suggest participation in school site acquisition.
Mr. Patrick L. Standing appeared on behalf of the applicant.
Mr. Sam Houston, Council of Civic Organizations, 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, George R. Ferrell, Charles W.
Gardner, D. Murray Ma1bon, J. Curtis Payne, Donald H. Rhodes, and
Floyd E. Waterfield, Jr.
Nays: Councilman Clarence A. Holland
Absent: None
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City Council approved the above application of William A. Brown for
a Use Permit to construct 368 apartment units on certain property
located on the West side of South Birdneck Road across from Owls
Creek Road, running a distance of 615.12 feet along the West side
of South Birdneck Road, running a distance of 2306.63 feet along the
Northern property line, running a distance of 1761 feet more or less
along the Western property line and running a distance of 1179.60
feet along the Southern property line. Said parcel contains 30.681
acres. (Seatack Area). Lynnhaven Borough; Approval is subject to
the following stipulations:
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1. Modltled the requested 368 apartment units to 184 apartment
units.
2. The lease for the proposed apartment units be so structured
so as to make the occupants aware that these apartments.are
located in Noise Zone 3.
3. Standard site plan requirements to include the following:
a. Pavement widening, curb and gutter, sidewalk and storm
drains as necessary along South Birdneck Road.
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b. A SO-foot right of way dedication along the northern
property line and construction of standard 30-Joot road section;
this shall align with Owl's Creek Road.
c. A dedication of 150 feet in width along the western
property line for easement for future canal.
d. A SO-foot right of way dedication and construction of a
standard 30-foot road is required in the north-south direction
traversing the site; this will eventually tie to Saint Avenue
and Bells Road (an aerial photograph is included in the file).
(Engineering)
4. Dedication of 45 feet from the centerline of the existing
60-foot right of way along the 615.12 foot more or less frontage
on South Birdneck Road (IS-foot dedication). (Real Estate)
5. City water and sewer. (Health)
6. Recommend builder provide recreation as shown plus some tot
lot areas. (Parks and Recreation)
7. Suggest participation in school site acquisition.
ITEM #6127
-~ Application of Cornell Engineering, Inc., by John D. Ranery for a Change of Zoning
from Limited Commercial District 2 (C-I 2) to Multiple Family Residence District
(R-M) and a Use Permit to construct 30 townhouses on certain property beginning at
a point 212 feet more or less North of Virginia Beach Boulevard and running a dis-
tance of 452 feet more or less along the East side of Hutton Lane, running a distance
of 189.62 feet along the Northern property line, running a distance of 383.93 feet
along the Eastern property line, running a distance of 249.61 feet along the
Southern property line. Said parcel contains 2.318 acres. (Oconee Park Area).
LYNNHAVEN BOROUGH.
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Planning Commission Recommendations:
A motion by the Planning Commission was passed for approval of this request subject
to the following:
1. Modified the requested 30 tovmhouses to 21 townhouses
2. The lease for the proposed tmmhouse development shall be so structured so
as to make the occupants aware that a portion of this complex is located in Noise
Zone 3.
3. A minimum parking ratio of 1.5 shall be required. (Planning)
4. Standard site plan requirements to include pavement widening, curb and
gutter, sidewalk and storm drains as necessary alonq Hutton Lane. (Engineering)
5. The existing ditch along the southern property line shall be piped and a
20-foot drainage easement shall be dedicated to the City. (Engineering)
6. Dedication of right of way 25 feet from the centerline of the existing
3D-foot right of way along the 452-foot more or less frontage on Hutton Lane
(lD-foot dedication). (Real Estate) .
7. City water and sewer. (Health)
8. Recommend more active space be provided. (Parks and Recreation)
9. Suggest participation in school s~te ~cquis~tion.. . .
10. Southern boundary (about 50 feet ln wldth) lS steep hlghly erodlble Salls
adjacent to a tidal marsh. This area should be protected to prevent erosion and
siltation of the marsh. (Soil Conservation).
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Mr. Robert L. Steinhilber appeared on behalf of the appllcant.
Mr. Sam Houston, Council of Civic Organizations, appeared in opposition.
Vice Mayor Ervin moved to deny the above application, seconded by
Councilman Ma1bon, on the basis that at the present time there is
a large inventory of multi-family property available for development
which until the Comprehensive Zoning Ordinance is passed will require
careful consideration.
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, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
..../
i Nays: None
Absent: None
City Council denied the above application of Cornell Engineering,
Incorporated, by John D. Ranery for a Change of Zoning from
Limited Commercial District 2 (C-L 2) to Multiple Family Residence
District (R-M) and a Use Permit to construct 30 townhouses on certain
property beginning at a point 212 feet more or less North of the
Virginia Beach Boulevard and running a distance of 452 feet more
or less along the East side of Hutton Lane, running a distance of
189.62 feet along the Northern property line, running a distance of
383.93 feet along the Eastern property line, running a distance of
249.61 feet along the Southern property line. Said parcel contains
2.318 acres. (Oconee Park Area). Lynnhaven Borough.
ITEM #6128
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Application of the lon~ Granctl P.estaurant for a Use Pennft for live entertafnf!1(!nt
on certain property located on the Northwest corner of~to-re Drive and Kleen Strent,
running a distance of 132 feet along the r~orth side of Shore Drive, runnino a
distance of 280.17 feet alon~ the ~~st side of rleen St~et, running a d1stancp.
of 155 feet along the Northern proper~y 1100 of which 57.~O feet is the Sout~ side
of Page Avenue, runninq a d1stanc(~ of ?ono feet alona the Hestem property line.
Said parcel is known as lots 11, 20,21 and 22, Block 6, Plat of Lynnhaven Shores
(Lynnhaven Shores Area). lYNNHAVEN BOROUGH.
Planning Commission Recommendations~
^ motion was passed ~y the Planning Commission for approval of this request suh-
jcct to the fol1owinq~ Dedication of right of way n~ feet from the center line
of the existing l3?-foot right of t1ay along the l32-foot more or less frontatJc
on $horo rlrive (14..foot dedication). (Real Estate) -'
Mr. Robert Munden appeared on behalf of his application.
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, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
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City Council approved the above application of the Long Branch
Restaurant for a Use Permit for live entertainment on certain
property located on the Northwest corner of Shore Drive and Kleen
Street, running a distance of 132 feet along the North side of
Shore Drive, running a distance of 280.17 feet along the West side
of Kleen Street, running a distance of 155 feet along the Northern
property line of which 57.50 feet is the South side of Page Avenue,
running a distance of 280 feet along the Western property line.
Said parcel is known as Lots 11, 20, 21 and 22, Block 6, Plat of
Lynnhaven Shores. (L~nnhaven Shores Area). Lynnhaven Borough.
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ITEM #6129
Application of John W. Harris for (II Use Pemit to construct a cOf!I'l1unications tower
and accessory housing for electron1c-e,utpment on certain property beginning at
a point 625 feet more or less West of Centerville Turnpike and l44~.8 feet West
of Kempsville Road, running a distance of 373.5 feet along the Eastern property
line. running a distance of 1184.8 feet along the Northern property line, running
a distance of 550.3 feet along the Western oroperty lfne and runninq a distance
of 1180.23 feet along the Southern rroperty Hne. Said parcel contains 12 acres
and is known as Tract A-l Plat of Part of Tract .tA", Division of ,-I. E. Woods Pro-
perty by Baldwin and Gregg dated r~ay 4 t 1973. (Hoods Corner Area). Kn!PSVIllE
80~OUGH. '
Planning Commission P.ecommendations~
A motion by the Planning Comr.rfssion was passed for approval of this request sub..
ject to the following: Standard site plan review. (Engineering)
Mr. John W. Harris appeared on behalf of his application.
On motion by Councilman Waterfield, 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
Floyd E. Waterfield, Jr.
Nays: None
Abstain: Councilman Donald H. Rhodes
Absent: None
City Council approved the above application of John W. Harris for a
Use Permit to construct a communications tower- and accessory housing
for electronic equipment on certain property beginning at a point 625
feet more or less West of Centervil1e Turnpike and 1449.8 feet West
of Kempsville Road, running a distance of 373.5 feet along the Eastern
property line, running a distance of 1184.8 feet along the Northern
property line, running a distance of 550.3 feet along the Western
property line and running a distance of 1180.23 feet along the
Southern property line. Said parcel contains 12 acres and is known
as Tract A-I Plat of Part of Tract "A", Division of W. E. Woods Pro-
perty by Baldwin and Gregg dated May 4, 1973. (Woods Corner Area).
Kempsville Borough. Approval is subject to the following stipulation:
1. Standard site plan review. (Engineering)
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ITEM #6130
Application of Goodman-Segar-Hogan Residential Sales Corporation for a Change of
Zonin..9. from Residence Suburban District ". (R-S 4) to limited COlIIIIerc1al D1stnct
'3{C-l 3) on certain property located south of the intersection of Bonney Road
and W1tchduck Road, running a distance of 303 feet more or less East of Brady
Court (Smith lane), running a distance of 101) feet along the South side of Bonney
Road, running a distance of 344.7 feet along the Eastern property line, runn1nq
a distance of 100 feet along the Southern property line and running a distance
of 352.9 feet along the Western property Hne. Said parcel contains n.77 acre.
(Kempsville Area). KEMPSVILLE BOROUGH.
Planning CornRrtssion Recommendations:
A motion by the Planning Commission was passed for denial of this request as the
proposed change of zonfng is in conflict with the Y,~sv111e Development Plan
which recommends a low residential land use of 1 to 6 ~1el11n9 units per acre.
Mr. O. L. Ferebee 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., Mayor Robert B.
Cromwell, Jr., George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Abstain: Vice Mayor F. Reid Ervin
Absent: None
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City Council denied the above application of Goodman-Segar-Hogan
Residential Sales Corporation 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 South of the intersection of Bonney Road
and Witchduck Road, running a distance of 303 feet more or less East
of Brady Court (Smith Lane), running a distance of lOa feet along the
South side of Bonney Road, running a distance of 344.7 feet along the
Eastern property line, running a distance of 100 feet along the Southern
property line and running a distance of 352.9 feet along the Western
property line. Said parcel contains 0.77 acres. (Kempsville Area).
Kempsville Borough; The application was denied as the proposed change
of zoning is in conflict with the Kempsville Development Plan which
recommends a low residential land use of 1 to 6 dwelling units per acre.
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ITEM #6131
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Application of Herbert l. Zook T /A National flay Care Centers, Inc., fo,. a y!!.
Permit to operate a child day care center on certain property beginning at a
polnt '550 feet more or less West of nosemont Road, running a distance of 13q.13
feet along the North side of Holland Road, running a distance of 245.53 feet
along the Western property line, running a distance of 139.13 feet along the
Northern property line and running a distance of 261.07 feet along the Eastern
property Hne. Said parcel contains 0.8 acre more or less. (Vindso,. Oaks West
Area). KEMPSVILLE BOROUGH.
Planning Commission Recommendations:
^ motion by the Planning Commission was passed for approval of this request sub-
ject to the fol1~ring:
1. Standard sit~ plan requirements to include pavement widening, curb and
gutter, sfdettalks and storm drains as necessary along Holland Road. (Engineering)
2. Dedication of right of wJY 45 feet from the center Hne of the exist1nfl
30-foot right of way along the 139.13-foot more or less frontage on Holland Road
(3D-foot dedication). (Real Estate)
3. License is required from State OepartmL~t of \~lfare. (~lann1n9)
Mr. Herbert L. Zook appeared for his application.
On motion by Councilman Rhodes, seconded by Councilman Ferrell, and
by recorded vote as follows:
Ayes: Councilmen Jdhn A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., George R. Ferrell, Charles W. Gardner, Clarence A.
Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd
E. Waterfield, Jr.
Nays: None
Abstain: Vice Mayor F. Reid Ervin
Absent: None
,...
City Council approved the above application of Herbert L. Zook
T/A National Day Care Centers, Incorporated, for a Use Permit to
operate a child day care center on certain property beginning at a
point 1550 feet more or less West of Rosemont Road, running a distance
of 139.l3 feet along the North side of Holland Road, running a distance
of 245.53 feet along the Western property line, running a distance
of 139.13 feet along the Northern property line and running a distance
of 261.07 feet along the Eastern property line. Said parcel contains
0.8 acres more or less. (Windsor Oaks West Area). Kempsville Borough;
Approval is subject to the following stipulations;
1. Standard site plan requirements to include curb and~ gutter,
pavement widening, sidewalks and storm drains as necessary along
Holland Road. (Engineering)
2. Dedication of right of way 45 feet from the center line of the
existing 3D-foot right of way along the 139.13 feet more or less
fron tage on Holl and Road. (30 - foot dedication). (Real Es ta te)
3. License is required from State Department of Welfare. (Planning)
4. Ci ty water and sewer. (Health)
Jfl'l""
ill I I
ITEM #6132
Application of William Wood Associates for a Use Permit to construct a sewage
pumping statton on certain property beginning at a point 2170 feet more or less
North of Centervtlle Turnpike and 2918 feet more or less East of Kempsville
Road and located on the North side of Propo$ed Beaufain Boulevard in Charles-
town Section II. Said parcel is 60 feet by 10.0 feet. (Country Haven Area).
KEMPSVILLE BOROUGH.
Planning Commission Recommendations:
A motion by the Planning Commission was passed for approval of this request
subject to the followinq~
1. Standard site plan requirements. (Enq1neering)
2. Site shall be fenced and landscaped to be compatible with future resi..
dential development. (Planning)
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.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the above application of William Wood Associates
for a Use Permit to construct a sewage pumping station on certain
property beginning at a point 2170 feet more or less North of Centervil1e
Turnpike and 2918 feet more or less East of Kempsville Road and located
on the North side of Proposed Beaufain Boulevard in Charles town Section
II. Said parcel is 60 feet by 100 feet. (Country Haven Area).
Kempsville Borough. Approval is subject to the following stipulations:
1. Standard site plan requirements. (Engineering)
2. Site shall be fenced and landscaped to be compatible with future
residential development. (Planning)
I"
1111
ITEM #6133
App 11 cat1 on of Cons tance G. GadrO\1 by !)wen D. Pi ckett, Attomey, for I ctumqe of
Zon1n~ from Residence Suburban Gistrict 3 (R-S 3) to Limited Commercial ~lstr1ct
JTc:r 3) on certain property heginn1nry at a point 210.7R feet tlorth of Smith
Farm Road and runnin~ a distance of 123.0n feet along the ~rest side of Indepen-
dence Boulevard. runn1nq a distance of 203.27 feet alonq the ~!orthem pro"erty
l1ne, running a distance of 75.91 feet alonq the Nestern l"roperty line and running
a distance of 134.81 feet alonq the Southern property line. Said ~arcel is known
as lot 12. Block O. Lake Shores Section 5, Part 4. (Lake Shores Area). BAYSlnE
BOROUGH.
.-
Planning Commission Recommendations:
^ motion by the Planninq Conn1ssion was passed for d~niul of this reouest as this
proposed change of zoni~g is in conflict with the 3aysidc Development Plan that
recoomends a low re$1de!itial land use of 1 to 6 G\'Iell1ng units per acre.
Mr. Louis Skomsky appeared on behalf of the applicant.
On motion by Councilman Holland, seconded by Councilman Rhodes, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Clarence A.
Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and
Floyd E. Waterfield, Jr.
Nays: Councilmen Charles W. Gardner
Absent: None
City Council approved the above application of Constance G. Gadrow by
Owen B. Pickett, Attorney, for a Change of Zoning from Residence
Suburban District 3 (R-S 3) to Limited Commercial District 3 (C-L 3)
on certain property beginning at a point 210.78 feet North of Smith
- Farm Road and running a distance of 123.08 feet along the West side
of Independence Boulevard, running a distance of 203.27 feet along
the Ncrthern property line, running a distance of 75.91 feet along
the Western property line and running a distance of 184.81 feet along
the Southern property line. Said parcel is known as Lot 12, Block 0,
Lake Shores Section 5, Part 4. (Lake Shores Area). Bayside Borough.
Approval is subject to the following stipulations:
1. Standard site plan review to include a turn around on the
property.
2. Ci ty water and sewer. (Heal th) .
3. Ditch along Northern property line must be piped. (Engineering)
4. Must conform to the Building Code in relation to Commercial
structures. (Zoning Board)
''''
,1....-
....-;;
ill
ITEM #6134
Application of l. Charles Surlane for chanoes of zoninq from Residence Sub-
urban District 2 (r,..S :') to Residence Suburban District ~ (R-S 4) and liMited
Catmlerc1al Of strict ? (C-l 2) on certain property located West of Seaboard
Road and South of leeroy nrive.
Parcell: Change of Zoning from R-$ 2 to C-l 7.: Ceq1nninq at a point 1650.43
feet West of Seaboard Road and running a distance of ?OO feet along the South
side of Leeroy Drive, running a distance of 970 feet along the Westem property
line, running a distance of 370 feet along the Southern property line and
running a distance of 955.05 feet along the Eastern proper-ty line. Said pareel
contains 6.3 acres.
Parcel?: Change of Zoning from f>-S 2 to R..S 4: Beginning at a point 1150 feet
West of Seaboard Road and 955.(\6 feet South of l.eeroy Drive. bounded by property
now or formerly Cfty of Virginia Beach, Va., Bratten, City of NOrfolk. Va..
8m,"" Haetley, litchfield, R. B. Dixon and James F.. f, Pattie o. Brickhouse
Property. Said parcel contains 12n.3 acres. Plats with more detailed infor-
mation are available in the t.epartment of City Plannfnq. (Seaboard Area).
PRI:-iCESS ArmE B0RnUGH.
Planning Commission RecoMmendationG:
A motion by the Planning Co~ission was passed for approval of this request sub-
ject to the foll~linry:
1. Parcels 1 and:; are modified to he changed to Resfdence Suburban District 3
(r-S 3). .
2. Standard site plan/subdivision requirements to include:
a. Sixty-foot right of way from Seaboard Road to he dedicated and standard
street constructed.
b. ^ddftfonal street tie shall he nrovided throuqh proposed Parcel 1 to
Lecroy Orive. (E~o1necrinq)
3. Dedication of ri'i~t of t'1ay ?5 feet from the center Hne of the exist-
ing 30-foot right of Hav along the ~O:~ -foot more or less frontage on leeroy
Drive (lO-foot dedication). (~eal Estate)
4. ReCOnTIelld devclDoe1'" reserve a mininum of 1r"~~' of total acreage for
active recreation and o;)cn ~~nace. (Parks and Recreation)
5. Suggest ;->arti:ioat'ion in school site acqufs1ticn,.
Mr. Charles Burlage appeared for his application.
On motion by Councilman Payne, seconded by Councilman Ferrell, and
by recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr.,
George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis
Payne, and Donald H. Rhodes
Nays; Councilmen John A. Baum, Vice Mayor F. Reid Ervin, Charles W.
Gardner, and Floyd E. Waterfield, Jr.
Absent: None
City Council approved the above application of L. Charles Burlage for
change of zoning from Residence Suburban District 2 (R-S 2) to Residence
Suburban District 4 (R-S 4) and Limited Commercial District 2 (C-L 2)
on certain property located West of Seaboard Road and South of Leeroy
Drive.
Parcell: Change of zonlng from R-S 2 to C-L 2: Beginning at a point
1650.43 feet West of Seaboard Road and running a distance of 200 feet
along the South side of Leeroy Drive, running a distance of 970 feet
along the Western property line, running a distance of 370 feet along
the Southern property line and running a distance of 955.06 feet along
the Eastern property line. Said parcel contains 6.3 acres.
Parcel 2: Change of Zoning from R-S 2 to R-S 4: Beginning at a point
1150 feet West of Seaboard Road and 955.06 feet South of Leeroy Drive,
bounded by property ThaW or formerly City of Virginia Beach, Virginia,
Bratten, City of Norfolk, Virginia, Brown, Haetley, Litchfield, R. B. .
Dixon and James E. and Pattie D. Brickhouse property. Said parcel conta n
126.3 acres. Plats with more detailed information are available in the
Department of City Planning. (Seaboard Area). Princess Anne Borough.
ill
Approval is subject to the following stipulations:
I. Parcels 1 and Z be modified to be changed to Residence
Suburban District 3 (R-S 3).
IJP*""
2. Standard site plan/subdivision requirements to include:
a. Sixty-foot right of way from Seaboard Road to be dedicated
and standard street constructed.
b. Additional street tie shall be provided through proposed
Parcell to Leeroy Drive. (Engineering)
3. Dedication of right of way 25 feet from the center line of
the existing 3D-foot right,of way along the 200-foot more or less
frontage on Leeroy Drive. (10 - foot dedication). (Real Es ta te) .
4. Recommend developer reserve a minimum of 10% of total acreage
for active recreation and open space. (Parks and Recreation)
5. Suggest participation in school site acquisition.
1lI~'
ITEM #6135
Application of Ashmac Company for a r~~n~ of ~~~n~ froM One-Family Residence
Oistrict (R-l) to ~~ltiple Family Res ence~ist ct (R-3) and a Use Permit
to construct 38 townhouses on certain property beginning at a point 4H .Q3 f(!et
West of Pacific Avenue and running a distance of 400.07 feet alonq the North
side of Hilltop Road.
Parcell: Use Permit to construct 38 totmhouses: Beginning at a point 411.93
feet West of Pacific ^venue and running a distancG of 40n.07 feet along the North
side of Hilltop Road. running a distance of 370 feet more or less along the Western
property Hne, running a distance of 621 feet along the Northern property line and
running a distance of 271 feet along the fastern oroperty line. Said parcel con.
tains 2.61 acres.
Parcel 2: Change of zoning from R-l to R-3: Beq1nninq at a point ~12.98 feet
West of Pacific Avenue. running a distance of 1~9.02 feet along t~e North side of
Hilltop Road, running a distance of 256 feet along the Hestem property Hne,
running a distance of 186 feet along the Northern property line and runn1nq a
distance of 134.01 feet along the Eastern property line. Said parcel contains
0.87 acre. (Princess Anne Country Club !\rea). VIRGJrlltI. BE/\CH BORflUGH.
Planning Commission Recommendations:
A motion by the Planning Commission was passed for approval of this request sub.
ject to the following:
1. Standard site plan requireMents to include pavement widening, curb and
gutter, sid~~a1ks and storm drains as necessary. (Engineering)
2. A dedication of right of \'!ay 25 feet from the centerline of the existing
30-foot ~1ght of way alonq the 400.07 foot more or less frontaqe on Hilltop Road
(Linkhorn Drive) (lO-foot dedication). (Real Estate)
3. ReCOlT1llend developer indicate reC1"eation facilitiQs are to be provided in
the approximately one-half acre site. (Parks and Recreation)
~. Suggest participation in school site acquisition.
Mr. John B. Preston appeared for the applicant
Mr. Peter A. Agelasto, III, appeared in opposition to the application
,"-
On motion by Councilman Callis, seconded by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: Mayor Robert B. Cromwell, Jr.
Absent: None
City Council denied the above application of Ashmac Company for a
Change of Zoning from One-Family Residence District (R-l) to Multiple
Family Residence District (R-3) beginning at a point 612.98 feet West
of Pacific Avenue, running a distance of 199.02 feet along the North
side of Hilltop Road, running a distance of 256 feet along the Western
property line, running a distance of 186 feet along the Northern
property line and running a distance of 134.0l feet along the Eastern
.".11.,.
IT E H if 6 1 3 5 (a )
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 Malbon, J. Curtis Payne,
Donald W. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Ab sen t : None
City Council approved the above application of Ashmac CQompqny for a
Use Permit to construct 16 new units on certain property beginning at
a point 411.93 feet West of Pacific Avenue and running a distance of
400.07 feet along the North side of Hilltop Road.
Parcell: Use Permit to construct 16 townhouses: Beginning at a point
411.93 feet West of Pacific Avenue and running a distance of 400.07
feet along the North side of Hilltop Road, running a distance of 370
feet more or less along the Western property line, running a distance of
621 feet along the Northern property line and running a distance of
271 feet along the Eastern property line. Said parcel contains 2.61
acres. (Princess Anne Country Club Area). Virginia Beach Borough.
Approval is subject to the following stipulations:
1. Standard site plan requirements to include pavement widening,
c.urb and gutter, sidewalks and storm drains as necessary. (Engineering)
2. A dedication of right-of-way 25 feet from the centerline of the
existing 30-foot right-of-way along the 400.07 foot more or less
frontage on Hilltop Road (Linkhorn Drive) (lO-foot dedication).
(R e alE s tat e ) .
..
3.
Suggest participation in school site acquisition.
ITEM 116136
,,~
Application of the City of Virginia Beach to amend and reordain the
Retail Business (B-1) District, Section III, Paragraph G, of the
Master Zoning Ordinance of the City of Virginia Beach (Beach Borough),
to read as follows: "Use Regulations: The words "Lodging House" are
hereby stricken from the list of permitted uses in the B-1 District."
VIRGINIA BEACH BOROUGH.
Planning Commission Recommendations:
A motion by the Planning Commission was passed for approval of this
request.
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.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, Donald H. Rhodes, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman J. Curtis Payne
City Council approved the above applicatiori of the City of Virginia Beach
to amend and reordain the Retail Business (B-1) District, Section III,
Paragraph G, of the Master Zoning Ordinance of the City of Virginia Beach,
(Beach Borough), to read as follows: "Use Regulations: The words "Lodging
House" are hereby stricken from the list of permitted uses in the B-1
District." Virginia Beach Borough.
I I
ITEM #6137
,.....'<;
Appltcatfon of the City of Virginia Belch to amend and reorda1n Section 3 ~ Sub-
section 7. Paragraph A of Appendix B of the Master Zoning Plan of Princess ^nnc
County, Virginia, 1958 as amended which Subsection 7. Paragraph A relates to
Use Regulations allowed in the Limited Commercial Districts:
"Tourist Camps. Hotels and Hotels, subject to securing a use perm1tll.
More detailed information is available in the Offices of the Department of City
Planning, Clerk of the Council and all Public Libraries.
Planning Commission Recommendations:
A motton b,y the Planning Comnrtssion was passed for approval of this request.
Mayor Cromwell left the Council Chambers
On motion by Councilman Gardner, seconded by Councilman Ma1bon, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Ma1bon, Donald H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr., ~nd Councilman J. Curtis Payne
City Council approved the above application of the City of Virginia
Beach to amend and reordain Section 3, Subsection 7, Paragraph A of
Appendix B of the Master Zoning Plan of Princess Anne County, Virginia,
1958, as amended, which Subsection 7, Paragraph A relates to Use
Regulations allowed in the Limited Commercial Districts:
"Tourist Camps, Motels and Hotels, subject to securing a use permit"
More detailed information is Javai1able in the Offices of the Department
of City Planning, Clerk of the Council. and all Public Libraries.
.~
ITEM #6138
Application of the City of Virginia Beach to amend and reordain Section 4, Suo-
section A, Appendix B of the ~aster Zoning Plan of Princess Anne County, Vir9;n1a,
1958 as amended, which Subsection ^ relates to use pernrlts required within the
former County of Princess l\nne \.rhich shall be obtained from the City Council.
Add new Item 40. Tourist Camps, note1s and Hotels - C-t throuC'fh r~-I.
Fonner Item 40 becomes Iterl 41.
Former Item 41 becomes Item 42.
~~re detailed information is available in the Office of th~ Department of City
Planning, Clerk of the Councilt and all Public Lihrarfes.
Planning Commission Recommendations:
ft, mot 1 01')_ bL!h~J.l~JlnifJgc_~or:f.l1ssi~m \'Jascpa,ssQd_for. apt)I'oyALQf _thiscl'c.auest_.
f""'
III1
On motion by Councilman Gardner, seconded by Councilman Holland, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Malbon, Donald H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr., and Councilman J. Curtis Payne
'_"'I
City Council approved the above application of the City of Virginia
Beach to amend and reordain Section 4, Subsection A, Appendix B of
the Master Zoning Plan of Princess Anne County, Virginia, 1958 as
amended, which Subsection A relates to use permits' required within
the former County of Princess Anne which shall be obtained from the
City Council.
Add new Item 40. Tourist Camps, Motels and Hotels - C-L through M-I
Former Item 40 becomes Item 41
More detailed information is available in the Offices of the Department
of City Planning, Clerk of the Council, and all Public Libraries.
"JOe
ITEM #6139
,~ppl1cat1on of the City of Virginia Beach to amend and reordatn Section 3, Sub-
section 6, Paragraph A of ~opend1x B of the Master 70n1nq Plan of Princess Anne
County, Virginia, 1958 as amended which Subsection ~, Paraqraph ^ re18te$ to
Use Regulations allowed in thQ nultiple Family Pesidencn O"istrict: The words
I'boardinghouses" and "lodg1nqhouses" are hereby deleted from the 11 st of per-
mitted uses.
r~ore detailed information is available in the Off1cp. of the Department of City
Planning, Clerk of the Council, and all Public librari~s.
Planning Commission ~ecomw~ndntfons:
A motion by the Planning Commission was pass~d for approval of this request.
"
III
Councilman Payne returned to Council Chambers
On motion by Councilman Ferrell, seconded by Councilman Holland, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Ma1bon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
,,""",.,
City Council approved the above application of the City of Virginia
Beach to amend and reordain Section 3, Subsection 6, Paragraph A of
App€hdix B of the Master Zoning Plan of Princess Anne County, Virginia
, -~1958 as amended which Subsection 6, Paragraph A relates to Use Regulations
',' allowed in the Multiple Family Residence District: The words "boarding-
houses" and "lodging houses" are hereby deleted from the list of permitted
uses.
More detailed information is available in the Offices of the Department
of City Planning, Clerk of the Council, and all Public Libraries.
ITEM #6140 ,
,p'
.
Application of Tidewater COmmunity C~llege for a Use Pe~~ to construct ~
college on certain pro!]erty located on the East s"f(fe of ~incess Anne P-oad t
beginnin~ at a point 2909.35 feet ;;orth of Landstown ~oadt running a distance
of 1960.10 feet alonq the East side of Pr1nc~ss Anne ~oadt running a distance
of 1237.16 feet along the f~orthern proncrty Hne t runninq a distance of ?n4~.17
feet along the Eastern property line and running ~ distance of 3005.21 feet
along the Southern property line. Said parcel contains 115.035 acres. (Green
Run Phase IV Area). PRn:CESS :\N~E 30ROUGH.
Planning Commission Recom~ndat1ons:
A motion by the Planning Commission was passed for approval of this request sub-
ject to submission of a final cngineQring site plan for City review and approval.
III !
Councilman Callis left the Council Chambers
On motion by Councilman Ferrell, seconded by Councilman Malbon, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon,
J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None.
Absent: Councilman Robert H. Callis, Jr., and Mayor Robert B.
Cromwell, Jr.
,_.,
City Council approved the above application of Tidewater Community
College for a Use Permit to construct a college on certain property
located on the East side of Princess Anne Road, beginning at a point
2909.35 feet North of Landstown Road, running a distance of 1968.10
feet along the East side of Princess Anne Road, running a distance
of 1237.16 feet along the Northern property line, running a distance
of 2848.17 feet along the Eastern property and running a distance
of 3005.21 feet along the Southern property line. Said parcel contains
115.035 acres. (Green Run Phase IV Area). Princess Anne Borough.
Approval is subject to submission of a final engineering site plan
for City review and approval.
ITEM #6141
On motion by Councilman Gardner, seconded by Councilman Holland, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., Vice
Mayor F. Reid, George R. Ferrell, Charles W. Gardner, Clarence A.
Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and
Floyd E. Waterfield, Jr.
,~"
Nays: None
Absent: Councilman Robert H. Callis, Jr.
City Council adopted the following Resolution pertaining to the
price for volumes and supplements of the Code of the City of Virginia
Beach:
,~'
ill
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers of the Administration Building
of the City on July 16, 1973, at two o'clock p.m.
On motion by Hr. Gardner and seconded by Hr. Holland
the following resolution was unanimously adopted:
RES 0 L UTI 0 N
'fl.""-
'A1I-IEREAS, "The Code of the City of Virginia Beach, Virginian \vas
adopted on December 27, 1965~ and was effective on January 31, 1966;
and
WHEREAS, the various Courts, City officials and attorneys at law
will need copies.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the City Manager is hereby authorized to distribute
copies of "The Code of the City of Virginia Beach, Virginia," to all
the Courts, City Departments, offices and any other necessary persons
or agencies.
....
2. That the price of Thirty Dollars ($30.00) for the two volume
Code is hereby established plus Five Dollars ($5.00) for each supplement
for sale to anyone desiring copies and shall be sold by the Public
Information Officer.
Ajopted by the Council of the City of Virg~nia Beach, Virginia,
0;.1 t hi?
16th
day of
July
1~:73o
I"
iii
ITEM #6142
Mr. J. Frank Smith and Mr. Sam Houston appeared regarding the following
Ordinance.
On motion by Councilman Rhodes, seconded by Councilman Waterfield, and
by recording 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, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
P"'i
Nays: None
Absent: None
City Council deferred until August 6, 1973 the following Ordinance
establishing site plan regulations for the City of Virginia Beach,
procedures and requirements in relation to site plans, and penalties
for violation of such regulations:
IlfI!O-.
I''''
1111
Requested by: City Manager
AN ORDINANCE ESTABLISHING SITE PLAN
REGULATIONS FOR THE CITY OF VIRGINIA
BEACH, PROCEDURES AND REQUIREMENTS IN
RELATION TO SITE PLANS, AND PENALTIES
FOR VIOLATION OF SUCH REGULATIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
11- VIRGINIA:
Section 1 - DEFINITIONS
I'''''
1.1 City Agent - The Divi.sion of Engineering, Department of Community
Services, hereinafter referred to as the City Agent, is hereby charged
with responsibility for coordinating the processing of site development
plans.
1.2 Adequate - The term adequate shall mean standards and/or specifi-
cations as set forth in recognized engineering codes and regulations,
as approved and recognized by national engineering organizations, except
where such standards conflict with the standards and specifications of
the Department of Community Services, as approved by the Council of the
City of Virginia Beach, in which case the. latter shall control.
1.3 Agricultural Use - Shall mean any use devoted to the bona fide
production for sale of plants and animals useful to man, as more speci-
ficallv defined in Section 58-769.5 of the Code of Virginia, as amended,
and under those unifrom standards as may be prescribed by the Commis-
sioner of Agriculture and Commerce, or those uses devoted to and meeting
the requirements and qualifications for payments or other compensation
pursuant to a soil conservation program under an agreement with an agency
of the Federal government.
1.4 Developer - Any person who desires or intends to improve or con-
struct any improvement upon property as described, defined, and covered
by this ordinance.
1.5 Dwelling Unit - A "dwelling unit" is a room or rooms connected
together, constituting an independent housekeeping unit for a family,
and containing a single kitchen.
1.6 Dwelling, One-Family - A building containing one dwelling unit.
The term is general, including such specialized forms as one-family
detached, one-family semi-detached, and one-family attached (row houses,
townhouses, patio houses, and the like). Mobil homes, travel trailers,
housing mounted on self-propelled or drawn vehicles, tents or other
forms of temporary or portable housing are not included with the
definition.
1.7 Dwelling, Two-Family - A Building containing only two dwelling
units.
1.8 Dwelling, Multiple-Family - A building or group of buildings,
other than a hotel, each building containing three or more dwelling
units.
,...
1.9 Landscape Design - The planned treutment of land, structures and
flora complimenting building construction or land development.
1.10 Parcel - A piece, parcel, lot tract or site or other dimensioD.
of land.
"II
1.11 Site Development Plan - Detailed drawings indicating all build-
ing construction and land improvements, including landscape treatments
and related information as required by this ordinance.
Section 2 - USES REQUIRING SITE PLAN REVIEW
2.1 After the effective date of this Ordinance, the developer of
any parcel desiring to put it to use shall submit a site plan to the
City Agent.
,~~'
2.2
The following site uses shall require site plan review:
(1)
Any structure or improvement permitted by the
zoning ordinance as a principal or conditional
use in any district, with the following exceptions;
(a) Agricultural uses, as defined in this ordinance.
(b) Single or two-family homes previously approved
as a subdivision in accordsrce with the sub-
division ordinance adopted June 22, 1970, and
as amended.
(2) Any additions, alterations, or changes in the above
uses shall also be required to'submit a site plan.
Section 3 - PROCEDURES
3.1 Preapplication Conference. Before filing application for
approval of a site development plan, the d.eveloper may confer with
the City Agent and such other agencies of the City as he or the
Agent deems advisable concerning the general proposal. Such action
does not require formal application, fees, or filing of a site
development plan, and is not to be construed as application for
approval in computing time limitations in relation thereto.
,...
3.2 Procedure for Site Development Plan approval:
A. The developer shall cause to be prepared. a site development
plan with other material as set forth in Sectiong!4and 5.
B. After the site development plan and related materials have
been submitted it shall be reviewed and processed by the City Agent
and other affected City agencies for conformity to this ordinance
and other applicable regulations. The City Agent shall act upon the
site development plan and related material as submitted by the developer,
or as modified by the site development review process, within 15 working
days, unless extensive modification to the plan or extenuating circum-
stances require additional time and if approved shall certify its
approval and state the conditions of such approval, if any, or if
disapproved, shall indicate its disapproval and the reasons therefor.
C. The action of the City Agent shall be noted on all copies
of the site development plan to be retained in the record, referenced
and attached to any changes or conditions determined. One such copy
shall be returned to the developer, and others retained as required
for records or further action of the Department or other affected
agencies of the City.
I~
D. Building permits shall be issued in accordance with approved
site development plans. A copy of the approved site plan shall be
retained in the records of the building inspector's office and all
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III1
'1iJ?'<'
building and occupancy permits shall conform to the provisions of said
site development plan.
E. (a) Approval of the site development plan shall be void unless
a building permit has been issued or use of the land has commenced within
90 days from the date of approval. Upon request, revalidation of the site
plan will be granted for an additional 90 days if all factors of the
original site plan review are the same; provided written notice requesting
revalidation is received by the City Agent prior to expiration of the
original 90 day period.
(b) A stop work order shall be put on the project if any
improvements required on the approved site development plan are not
adhered to during the development of the site.
Section 4 - SITE DEVELOPMENT PLAN - INFORMATION REQUIRED
4.1 Nine copies of a site plan, prepared, stamped and endorsed by a
registered engineer, surveyor or other persons duly licensed by the
Commonwealth of Virginia to practice as such, shall be submitted with
every application for approval, and shall contain the following infor-
mation:
(A) Property and Ownership Information
1. A location map at a scale of not less than one
inch equals 1,600 feet with the site plan clearly
marked on the location map identifying the location
of the property;
2. Present recorded property owner and map book
and page reference and deed book and page reference
of the site property;
3. Owners, lot numbers and map book/page reference
of all adjacent properties;
4. A boundary survey of the parcel prepared at a
scale of one inch equals fifty (50) feet or larger;
no sheet shall exceed 24 x 36 inches in size. The
survey shall include the acreage and/or square footage
of the site and indicate all boundaries by course and
distance;
s. Iron pins 3/8 inch in diameter and 36 inches in
length shall be shown and installed at all lot corners,
points of tangents and any angle point along a given
course of the parcel;
6. All property information shall be certified by the
engineer or surveyor of the project;
7. Existing zoning.
Iff'
(B) Existing and Required Site Features and Improvements
1. Streets and easements, their names, rights of way
status (public or private), numbers and widths. Type
(class) and width of pavement, curbs and side-walks.
2. All centerline and centerline curve data including
radius, delta angle, length of arc, chord and tangent
shall be shown on the site development plan.
-3-
,I I
.~
3. Utilities of all types.
4. The Topographic survey, showing the elevation of
streets, alleys, building, structures, water courses
and their names. The topography shall be shown by
adequate spot elevations. The finished gra~e for the
entire site shall be shown and the proposed .:irst floor ~
elevation of all buildings shall be a minimum of nine
(9.0) feet. All elevations shall be certified and refer-
enced to National Ocean Survey (USe and GS) datum 0.00
mean sea level. All horizontal dimensions shown on the
site development plan shall be in feet and decimals of
a foot. All bearings in degrees, minutes and seconds.
5. Number of floors, floor area, height and location
of each building and proposed use for each building
shall be indicated. If a multi-family or townhouse
development is submitted a specific schedule showing
the following information shall be included on the
face of the plan.
a. The gross density of the project;
b. Breakdown of the number of bedrooms;
c. % of parcel devoted to recreation.
6. All off-street parking and parking bays, loading
spaces and walkways indicating type of surfacing, size,
angle of stalls, width of aisles and a specific schedule
on the face of the site plan showing the number of park-
ing spaces provided and the number required in accordance
with the Virginia Beach Zoning Ordinance.
7. Existing and proposed storm drainage easements and
the direction of drainage flow in streets, storm sewers,
valley gutters, streams and ditches. Indicate all con-
tributing areas in acres for storm drainage calculations.
Drainage area maps and drainage calcu1ati.ons shall be
submitted to the City Agent upon request.
3. All existing and proposed water, sanitary sewer fac-
ilities indicating pipe sizes, types and grades shall be
shown. Connections into existi.ng or proposed central
~7ater and se~-ler systems shall be shm-m;
9. Provision and schedule for the adequate control of
erosion and sedimentation shall be in accordance with the
standards of the Department of Community Services.
10. Landscape d.esign and land use buffer pm in accordance
with the design standards of the Department of Planning
shall be required.
Section 5 - MINIMUM STANDARDS AlID SPECIFICATIONS REQUIRED
.-
5.1 All improvements required by this ordinance shall be built to the
standards and specifications of the Department of Community Services, as
approved by the Counci.1 of the City of Virginia Beach, and shall be in-
stalled by and at the expense of the developer. No occupancy permits
will be issued until construction has been inspected and accepted by the
City.
5.2 Where the adopted Master Transportation Plan of the City of
Virginia Beach indicates a proposed right-of-way greater than that
existing along the boundaries of the site development plan, such
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III1
,-
additional right-of-way shall be dedicated for highway purposes when the
site plan is approved. Where a site development plan is located on
public streets of less than fifty (50) feet in width, additional right-
of-way shall be dedicated so that the public street or right-of-way shall
be a minimum of twenty five (25) feet from the existing center line. If
determined by the City that the public street is to be a sixty (60) foot
right-of-way, a minimum dedication of thirty (30) feet from center line
shall be required. All building setbacks shall be measured from the
new right-of-way boundary.
5.3 Two copies of the recordable plat and general or special warranty
deed with a title certificate clearly describing all right-of-way
and easement dedications are to b e submitted to Real Estate Division
of the Department of Community Services for processing and recording
before the site plan approval process is complete. The width and nature
of the easements and right-of-way shall be determined in conference
with representatives of the Engineering, Utilities, and Real Estate
Division.
5.4 Fire hydrants and distribution systems shall be provided by the
developer in accordance with standards of the Department of Community
Services in areas where central or public water systems are available.
5.5 Transitional buffers shall be placed between noncompatible land
uses. The type and exact location of these buffers shall be d.etermined
by the Planning Department.
5.6 Fifteen percent of the gross acreage within all multi-family
developments s~all be devoted to recreation and/or usable open space.
5.7 Provision for storm-surface drainage shall be in accordance with
the design standards of the Department of Community Services indicating
location, size, types and grades of all sewers, drainage structures,
ditches either existing or proposed and connection to existing drainage
system. Disposition of storm or natural waters both on and off the site,
shall be provided and in such a manner as not to have a detrimental
effect on the property of others or the public right of way.
.'"
5.8 Right of way improvements shall include pavement widening, curb,
gutter and sidewalks in accordanc.e with the stand.ards of the Department
of Community Services, except when due to existing conditions or planned
construction projects, it is not feasible to construct at the same time
the site is being constructed. When the improvements are deferred, the
estimated costs of these improvements shall be placed in escrow with the
City.
5.9 Pavement widening shall be equal to or greater than the existing
pavement, but in no case shall it be less than the City's standard and
specifications.
5.10 All driveways, entrances and location thereof shall be in accord-
ance with the standards of the Department of Co~nunity Services and
approved by the City Agent.
5.11 Traffic control, signalization, turn lanes and by-pass lanes shall
be provided, when based upon traffic studies, the public safety requires
the convenience of traffic Inovernent within the site covered and off site
in relationship to access streets.
,IW
5.12 Where water front property is to be developed, adequate storm
protection shall be provided. The extent and method of protection shall
conform to the standards of the Department of Community Services.
-5-
ill 1
Section 6. - GENERAL PROVISIONS
In considering' and acting upon Site plans the City Agent shall
take into consideration the public health, safety and welfare, the com-
fort and convenience of the public in general and of the immediate
neighborhood in particular, and may prescribe appropriate conditions
and safeguards as may be required in order that the result of the action
may, to the maximum extent possible, further the expressed intent of
this and all other City Ordinances.
Section 7 - APPEALS
,..,
7.1 It is hereby provided that the City ~~nager may waive any require-
ment of this ordinance upon a finding by him, after consideration of a
recommendation from the City Agent, that a literal enforcement will
result in unnecessary hardships, provided that the spirit of this
ordinance shall be observed and substantial justice done.
7.2 It is further provided that any decision of the City Manager may
be modified, reversed or affirmed by the City Council upon appeal by
any person aggrieved by such decision when such appeal is filed within
30 days of such decision.
Section 8 - SEPARABILITY
8.1 Should any section or prov1.s1.on of this Ordinance be declared by
the courts to be unconstitutional or invalid, such decision shall not
affect the validity of the Ordinance as a whole, other than the part
so declared to be unconstitutional or invalid.
Section 9 - PENALTY
,,..'
9.1 Anv violation of the prOV1.S1.0ns of this Ordinance shall be
punishable by a fine of not more than $100.00. Each person shall be
deemed guilty of a separate offens~ for each and every day or portion
thereof during which any violation of any of the provisions of this
Ordinance is committed.
Section 10 - EFFECTIVE DATE
This Ordinance shall be in effect from the 15th day of August,
1973.
Ii"'
'III
ITEM #6143
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, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
.~-".
City Council deferred for sixty days the Viewers Reports
relative to closing a portion of Sand Pine Road in the Lynnhaven
Borough:
ITEM #6144
On motion by Vice Mayor Ervin, seconded by Councilman Ma1bon, 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, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council deferred for one week the following Viewers Report relative
to closing a fifteen foot right-of-way in Lynnhaven Borough:
.,...
.~""
,~.
-'..
,I I I
J
CITY OF VIRGINIA BEACH
TO (ORDINANCE OF VACATION)
BROWN-ARRIS-LANGHORNE, INC., ET AL.
AN ORDINANCE V ACA TING AND DISCONTINUING
A 15 FOOT RIGHT OF WAY, IN LYNNHAVEN
BOROUGH, IN THE CITY OF VIRGINIA BEACH,
VIRGINIA
WHEREAS, proper notice of the intended application of the appli-
cant, Brown-Arris-Langhorne, Inc., to be presented to the City Council of
the City of Virginia Beach, Virginia, on the
day of July, 1973, and
for the vacation of the hereinafter described public street in the City of
L)Tt,
Virginia Beach, Virginia, was on the u day of May, 1973, duly posted
at the Court House of the Circuit Court of the City of Virginia Beach,
Virginia, and at two other public places in the City of Virginia Beach,
Virginia, in conformity with the manner prescribed by Code of Vizginia,
Section 15.1-364, for the institution of proceedings for the vacation of a
public street; and
WHEREAS, said application was made to the City Council of the
City of Virginia Beach, Virginia, on the 21st day of May, 1973, and in.
conformity with the manner prescribed by Code of Virginia, Section
15.1- 364, for the conduct of such proceedings, the City Council of the
City of Virginia Beach, Virginia, on the 21st day of May, 1973, which was
more than ten days after posting notice of the intended application as
aforesaid, appointed
,
and
, as viewers to view such street and report
in writing whether in their opinion, any and if any, what,inconvenience
c,tON & WRIGHT would result from discontinuing the same, and said viewers have made such
AT OR:'IEYS AT LAW
VII" ;INIA BEACH. VA.
,II
report to the City Council of the City of Virginia Beach. Virginia; and
WHEREAS. from such report and other evidence. and after
notice to the land proprietors affected therepy. along the street
proposed to be vacated. it is the judgement of the City Council of the
".'"
City of Virginia Beach. Virginia. that these proceedings have been
instituted. conducted and concluded in the manner prescribed by Code
of Virginia. Section 15.1- 364. that no inconvenience would result from
vacating and discontinuing the said street. and that the said street
should be vacated and discontinued;
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of Virginia Beach. Virginia:
1. That the following described street. in the Lynnhaven Borough.
in the City of Virginia Beach. Virginia. be. and the same hereby is. vacated
and discontinued:
.~
ALL that certain 15 foot right of way, in Lynnhaven Borough.
in the City of Virginia Beach. Virginia. shown as 15 I R. O. W.
on that certain plat attached hereto entitled "Survey of Property
showing 15' R. O. W.. and ADJOINING LOTS. Map Book 16. page
63. Lynnhaven Borough- Virginia Beach, Virginia. Scale: 1" =
30'. March 31. 1973, If made by Bruce B. Gallup Certified Land
Surveyor. The said 15' R.O. W. being 15' in width and running
from the south line of Laskin Road in a southerly direction a
distance of 183.76 I to the northern line of Lot 10 Birdneck Acres.
2. This ordinance shall be in effect from and after thirty (30)
days from the date of its adoption.
3. A certified copy of this ordinance of vacation. together with
the plat attached hereto. shall be recorded as deeds are recorded. and
indexed in the name of the City of Virginia Beach. Virginia. as grantor.
a:ld in the name of Brown- Arris- Langhorne. Inc.. as grantee. in the Clerk's
Office of the Circuit Court of the City of Virginia Beach. Virginia. at the
expense of the applicant, Brown-Arris-Langhorne. Inc.
,III
Certified to be a true and exact copy of an ordinance, together
with the plat annexed thereto, adopted by the City Council of the City
of Virginia Beach, Virginia, at its regular meeting held on the day
of
1973.
'k'
TESTE: R. J. WEBBON, CITY CLERK
By
City Clerk
III1
ITEM #6145
. 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.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
IIJ1'>"
Absent: None
City Council deferred until f 8ptember 10, 1973 the following
Viewers Report relative to cl ('sing Kellam Road in the BaysLh;
Borough:
"..~
'II I
!./
IN RE: THE CLOSING OF A PORTION OF KELLAM ROAD
AN ORDINANCE CLOSING, VACATING AND
DISCONTINUING A PORTION OF KELLAM ROAD,
BAYS IDE BOROUGH, NORTH OF WITCHDUCK ROAD
WHEREAS, proper not,ice that Cemetery Consultants, Inc. would make
.-
appl ication to the City Council of the City of Virginia Beach, Virginia, to
have the hereinafter described; portion of public right of way closed, vacated
and discontinued as a public street of the City of Virginia Beach has been duly
posted in three (3) public places; and
WHEREAS, pursuant to Section 15.1-364 of the 1950 Code of Virginia,
as amended, the Council for the City of Virginia Beach, Virginia, has duly
appointed viewers, who have reported to said Council that no inconvenience to
the public, nor to private individuals, would result from such closure, vaca-
tion and discontinuance; and
WHEREAS, it is the judgment of the Council that said portion of
said right of way should be closed, vacated and discontinued;
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY
,~
OF VIRGINIA BEACH, VIRGINIA:
Section 1. That that certain portion of Kellam Road, hereinafter
more particularly described, situate in Bayside Borough of the City of Virginia
Beach, Virginia, is hereby closed, vacated and discontinued as a publ ic street
of the City of Virginia Beach, Virginia, and said portion of said street is
not needed for public use and travel:
THAT PORTION of Kellam Road as shown on a certain
plat entitled "Rosewood Memorial Park, Inc." dated
February 24, 1954, and appearing duly of record in
the Clerk1s Office of the Circuit Court of the City
of Virginia Beach, Virginia, in Map Book 36, at Page
15, more particularly bounded and described as follows:
,-
ALL THAT portion of Kellam Road which would be an
imaginery extension of Kellam Road on the northerly
side of Witchduck Road (formerly Bayside Road), the
same being 30 feet in width for a distance of 1336.4
feet to what is now the southeasterly 1 ine of
IIAragona Vi Ilage, Section Seven - Part Two" as shown
on a certain plat thereof duly of record in the afore-
said Clerk1s Office in Map Book 47, at Page 30.
IIII I
Section 2. That thirty (30) days after date hereof a copy of
this Ordinance, certified by the Clerk, be spread upon the publ ic records in
the Clerk's Office of this City and indexed in 1 ike manner as a deed to lands.
,~"
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of , 1973.
'lol\
,~
,I I I
ITEM #6146
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. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the following Ordinance closing Ranger Street in
the Kempsville Borough:
.~
III
AN ORDINANCE CLOSING, VACATING
AND DISCONTINUING A PORTION OF
IIRANGE R S TREE T" WEST OF MARALON
DIIUVE, WESTERN PORTION OF AVALON
VILLA
WHEREAS, proper notice that Oliver A. Will iams, Jane M.
"''''''<
Williams, Charles Homer Cole and Jennie Mae Cole would make application
to the City Council of the City of Virginia Beach, Virginia, to have
the hereinafter described portion of publ ic right of way closed, vacated,
and discontinued as a public street of the City of Virginia Beach has
been duly posted in three (3) publ ic places; and
WHEREAS, pursuant to the statutes in such cases made and
provided, the Council for the City of Virginia Beach, Virginia has duly
appointed Viewers who have reported to said Council that no inconvenience
to the public nor to private individuals would result from such closure,
vacation and discontinuance; and
WHEREAS, it is the judgement of the Council that said portion
of said right of way should be closed, vacated and discontinued;
I'''''''
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Section 1. That that certain portion of "Ranger Streetll,
West of Maralon Drive, hereinafter more particularly described and
located in the Kempsville Borough of~e City of Virginia Beach, Virginia,
is hereby closed, vacated and discontinued as a publ ic street of the City
of Virginia Beach, Virginia, and said certain portion of said street
no longer needed for publ ic use and travel:
....'
ALL THAT certain portion of that certain publ ic right
of way entitled, "Ranger Street", as appears on the plat
of Western Portion of Avalon Villa, which plat is duly
recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, in Map Book 41,
at Page 47, and being more particularly described as
"THAT PORTION OF RANGER STREET, WEST OF MARALON DRI VE
ON THAT CERTAIN PLAT ENTITLED, .WESTERN PORTION OF
AVALON VILLA, A SUBDIVISION OF LAND IN PRINCESS ANNE
COUNTY, VIRGINIA, JUNE 1956, W. B. GALLUP, COUNTY
SURVEYORI II, a copy of which is attached hereto.
Section 2. That thirty (30) days after this date a copy of
this Ordinance, certified by the Clerk, be spread upon the publ ic
records in the Clerk's Office of this City and indexed in I ike manner
as a deed to lands.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
16th
day of
.Illl Y
, 1973.
,I I
ITEM #6147
On motion by Vice Mayor Ervin, 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, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
~~
Nays: None
Absent: None
City Council approved the following Appointment of Viewers relative
to closing a portion of Pacific Avenue at 40th Street in Virginia Beach
Borough:
,~
(#..,
,-
:1, {LES. McKENRY.
G ORRY e. DILLS
A1'..'.ORNEYS AT LAW
RGI ~HA BEACH. VIRGINIA
ill' I
ORDINANCE APPOINTING VIEWERS
WHEREAS, MORTGAGE INVESTORS OF WASHINGTON, have given
due and proper notice, in accordance with the statutes for such
cases made and provided, that they would on this day apply to
the City Council of the City of Virginia Beach, Virginia, for the
appointment of Viewers to view the below-described property and
report in writing to the Council whether, in the opinion of said
Viewers, any, and if any, what, inconvenience would result from
the discontinuing of the hereinafter described portion of
Pacific Avenue, in the Borough of Virginia Beach, of the City of
Virginia Beach, Virginia, and have filed such application with
the said Council;
NOW, therefore, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
That,
c. c. Carrington, W. W. Fleming and G. ~. Hanbu y
are hereby appointed to view the below described property and re-
port in writing to the Council on or before
August 15, 1973
whether in their opinion any, and if any, what inconvenience
would result from the discontinuing, closing and vacating of
that certain portion of Pacific Avenue, located in the Borough
of Virginia Beach, City of Virginia Beach, Virginia, and
described as follows:
That portion of Pacific Avenue north of
40th Street running parallel along the
west side of the property of your
Petitioners running a distance of 376.50
feet along the east side of Pacific
Avenue 20 feet in width, being more
particularly described on "Topographic
Survey of Parcel "A" and Parcel "B",
Survey of Property for Southwestern
Development Company for Williams and
Tazewell & Associates, Architects,
Virginia Beach Borough-Virginia Beach,
Virginiall made by Marsh and Basgier,
Consulting Engineers, Surveyors and
Land Planners.
III
ITEM #6148
On motion by Councilman Gardner, 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, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
I
Absent: None
City Council approved on second reading the following Ordinance
to amend and reordain Section 17-22.1 (1) of the Code of the
City of Virginia Beach;
Requested by the City Manager
AN ORDINANCE TO AMEND AND REORDAIN SECTION
17-22.1 (1) OF THE CODE OF THE CITY OF
VIRGINIA BEACH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA :
That Section 17-22.1 (1) of the Code of the City of Virginia
Beach is amended and reordained to read as follows:
(1) Whenever refuse or garbage is brought to any city
disposal a~ea by persons other than residents with a current city
decalcomania properly displayed as provided in Section 22-74.1, a
fee of $3.12 per ton, or a minimum fee of $1.00 shall be charged
for the service.
An emergency exists and this ordinance shall be effective from
date of adoption.
1st Reading: July 9, 1973
2nd Reading: July 16, 1973
Adopted by the Council of the City of Virginia Beach, Virginia
en the
16th
day of
July
, 1973.
".
II
ITEM #6149
.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, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council authorized the Department of Planning to readvertise
the application of Ashton H. Pully for rehearing at the regular
meeting on August 6, 1973, at 2:00 p.m.
III
ITEM #6150
On motion by Vice Mayor Ervin, 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, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
.~.
City Council accepted the low bid of L. J. Hoy, Incorporated, for the
construction of the new Animal Control facility, in the amount of
$135,169., and further authorized the City Manager to enter into a
contract for the construction of this building.
ITEM #6151
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.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr. '
Nays: None
Absent: None
City Council accepted the low bid of Norfolk Air Conditioning, in
the amount of $334,~15. for expansion of Central Heating/Cooling
Plant, and further authorized the City Manager to enter into a
contract for this expansion.
ITEM #6152
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, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, DonalJ
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council accepted the low bid of R. D. Lambert and Son, Incorporated,
in the amount of $379,000. for the construction of Fire Station #8
(First Colonial Road and Great Neck Road), and authorized the City
Manager to enter into a contract for the construction of this
building.
III'
ITEM #6153
COUNCILMEN DONALD H. RHODES AND FLOYD E. WATERFIELD, JR. LEFT THE
COUNCIL CHAMBERS.
City Council deferred one week consideration on the Department of
Economic Development taking over the operation of the City Marina
now leased to Bayside Boats.
COUNCILMAN FLOYD E. WATERFIELD, JR. RETURNED TO COUNCIL CHAMBERS.
ITEM #6154
"'-
On motion by Councilman Gardner, 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
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman Donald H. Rhodes
With the adoption of the Fiscal Year 74 budget, the operation of the
Public Law Library became the responsibility of the City Department
of Libraries. In order to liquidate all outstanding Public Law
Library accounts and begin the year with the books clear, the City
Council authorized that $5,000 be loaned to the Public Law Library
Account l2011-803 from Reserve for Contingencies. This loan will be
paid back from the Public Law Library fund as deposits are made of
the charges added to court cases to finance the Law Library.
COUNCILMAN DONALD H. RHODES RETURNED TO COUNCIL CHAMBERS.
fIi'"
ITEM #6155
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, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council authorized the City Manager to sign a standard water and
sewer agreement with Colonial Oaks, Lynnhaven Borough.
ITEM #6155 (a)
The City Manager informed Council there would be a meeting with the
CATV Committee at 10:00, Friday, July 20, 1973. Mr. Scott invited
the Councilmen to attend.
'II' I
ITEM #6156
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, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council authorized the City Manager to sign a standard water
and sewer agreement with Kings Point, Lynnhaven Borough.
ITEM #6157
On motion by Councilman Gardner, 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, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the appointment of Mr. Carl B. Harris to replace
Mr. W. O. Faison on the Board of Electrical Examiners.
ITEM #6158
I"
Vice Mayor Ervin requested Council to consider the recommendations
of the Site Selection Committee for Tennis facility and Park. Mr.
Scott indicated there were engineering studies made with cost
comparision relative to the site.
ITEM #6159
Councilman Gardner requested the City Manager or the City Attorney
to check into Vendors insurance certificates.
ITEM #6160
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 Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
,~
City Council noted its intentioR to hold a closed meeting on Monday,
July 23, 1973 for the purpose of discussing items permitted for dis-
cussion under Section 2.1-344, Sub-paragraph 1 and 6 of the Freedom
of Information Act of the Commonwealth of Virginia.
, I
. .
~
....
ITEM #6l61
On motion by Councilman Gardner, seconded by Councilman Ferrell, and
by unanimous vote, the meeting adjourned.
.~
Beach,
July 16, 1973
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