APRIL 10, 1972
MINUTES OF TliE HONORABLI-. CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACII, VIRGINIA
April 10, 1972
fhe regular meeting of the Council of the (,ity of Virginia Beach, Virginia was
held in the Council Chambers in the Administration Building, in the Borough of
Princess Anne, on Monday, April 10, 1972, @it 10:00 a.m.
The invocation was given by Reverend Fletclier C. Hutcheson, Bayside Presbyterial
Church, Virginia Beach, Virginia.
Councilmen present: Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray @ialbon,
J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and
Mayor Donald H. Rhodes.
ITEM #4440
On motion by Councilman Dusch, seconded by Vice Mayor Tebault, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. FerTell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mavor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald Ii. Rhodes.
Nays: None
Absent: None
City Council approved the Minutes of the Regular Meeting of @larch 27, 1972,
and the reading of said Minutes dispensed ivith inasmuch as each Councilman
had a copy of the subject @tinutes before hLl,.I.
ITEM #4441
On motion by Councilman Dus.ch, seconded by Councilman Ervin, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice @layor Earl @l. 1'ebault, Floyd E. Waterfield,
Jr., and Nlayor Donald 11. Rhodes.
Nays: None
Absent: None
City Council approved an appropriation in the amount of $7,000. from the
Reserve for Contingencies to contiriue the (:ity's @14-hour dredging operation
at the Rudee Inlet sand trap and the deposlting of subject sand upon tlle
beaches.
ITEM #4442 (a)
Mr. Joseph A. Gawrys appeared on behalf of the Norfolk Federal Savings &
Loan Company requesting reconsideration of their application for permission
to move a 1 1/2 story frame residence from 1756 Laskin Road to Lot 18
Wolfsnare Road, which was denied on March 27, 1971.
On motion by Councilman Ervin, seconded by Councilman @ialbon, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. liolland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald fl. Rhodes.
Nays: None
Absent: None
City Council elected to reconsider the request of Norfolk Federal Savings &
Loan Company to move a 1 112 story frame residence from 1756 Laskin Road to
Lot 18 Wolfsnare Road.
ITEM #4442 (b)
On motion by Councilman Ervin, seconded by Councilman Malbon, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Playor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald 11. Rhodes.
Nays: None
Absent: None
As the applicant, Norfolk Federal Savings t'@ Loan, presented additional informa-
tion which had not been made available at the previous Council Meeting when
the motion for denial of the use permit was upheld, City Council approved
the request of Norfolk Federal Savings & Loan Company to move a 1 1/2 story
frame residence, 261 x 451, from 1756 Laskin Road, Lynnhaven Borough, to Lot
18, First Colonial Estates, Wolfsnare Poad, Lynnhaven Borough. Estimated
value after move and renovations, $22,000. Site has City water and sewer
available.
ITEM #4443
On motion by Councilman Ferrell, seconded f)v Councilman Waterfield, and by
recorded vote as follows:
Ayes: Councilmen Robert Ii. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald 11. Rhodes.
Nays: None
Absent: None
City Council approved the workshop concept of obtaining the recommendations
and suggestions of the builders, various civic organizations and tlie citizens
of Virginia Beach regarding the proposed nc@w Master Zoning Ordinance and
established the Planning Comiiiission as thc,, coordinator for the subject work-
shops.
ITEM #4444
4ayor Rhodes announced that the date of April 20, 1972, had been set as the
Public Hearing on the proposed 1972-73 Operating Budget. The Public Hearing
will be held in the City Council Chambers, Administration Building, and will
begin at 7:30 p.m.
ITEM #444S
Application of Pembroke fleadows Associates for a Channe of Zoninq from Limited
Commercial District 2 (C-L 2) to General ComillerciTI-Di@tr-ict 2@C-G 2) on certain
property located at the @lortheast corner of Pcqibroke Boulevard Extended and
Witchduck Road, running a distance of 150 feet more or less along the East side
of Witchduck Road, running a distance of 307 feet more or less along the North
side of Pembroke Boulevard Extended, running a distance of 200 feet more or less
along the Eastern property line and running a distance of 225 feet more or less
along the Northern property line. (Pembroke @leadows Area). BAYSIDE BOROUGH.
The Planning Commission recommends aoproval of this request provided the
applicant meet with various departments of the City to determine the final
alignment of Pembroke Boulevard. ADproval is further subject to City water
and sewer requested by the Health Departrient a,,d a dedication of a 30-foot
right of way along the frontage on @@litchduck @oad is requested by the Real
Lstate Division. Engineering Divi&ion request; standard roadside improvements
along Witchduck Road.
4r. James Pickrell appeared on behalf of the applicant requesting a deferral
antil May 22, 1972, in order that the abov(@ application can be heard on the
same day as the application of Pembroke Lak-es.
On motion by Councilman liolland, seconded I)v Councilman Cromwell, and by
recorded vote as follows:
Ayes: Councilmen Robert U[. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Efolland, D. Murray
Malbon, J. Curtis Payne, and Vice Mayor Lai'l M. Tebault.
Nays: None
Absent: None
Abstain: Mayor Donald H. Rhodes
City Council deferred until May 22, 1972, the above application of Pembroke
Meadows Associates for a ChanRe of lonin ' I-rom Limited Commercial District 2
(C-L 2) to General Commer lal Dis trit 2 ((@-G 2) on certain property located
at the Northeast corner of Pembroke Boulev@ird Extended and Witchduck Road,
(Pembroke Meadows Area) Bayside Borough.
ITEM #444(i
Application of Harry Sandler for a Chanqe of Zoninq from Limited Coamrcial
District 3-(CL-3) to General Comme@ia Districf 3-(CG-3) and a Use Pcy"it to
construct a gasoline supply station on certain oroperty located n the Southeast
intersection of Independence Boulevard and Shell Road.
Parcel 1: Chanq@ of Zoning from CL-3 to CG-3: On certain pmperty.located at
the Southeast intersection of Indenendence Boulevard and Sliell Road, runnina a
distance of 435.70 feet alonq the @l.'orthern proderty line of which 205.70 feet is
the South side of Independence Boulevard, and 60 feet is the Southeast side of
Shell Road, running a distance of 73 feet along tlie Western 'nroperty line of which
40 feet is the East side of Bradford Road, runninq a distance of 398 12 feet along
the Southern property line and running a distance of 200 feet along ihe Eastern
property line.
Parcel 2: Use Pemit to operate a gasoline supply station: On certain property
located at the Souttieast intersection of Independence Boulevard, runninq a distance
of 265.70 feet along the i@orthern property line of which 205.7 feet more or less
is the South side of Indenendence Boulevard and 60 feet is the Southeast side of
Shell Road, running a distance of 118 feet along the tlestern property line, runnina
a distance of 230 feet alonq the Southern proderty line and running a distance of
200 feet along the Eastern property line. (Pobbins Corner Area). BAYSIDE BOROUGH.
The Planning Com@.nission reco,,mnds approval of this request subject to standard site
plan requirements and street imorove,@nts along Sfiell Road and Bradford Road. A 40-foot
maximum entrance along Independence Boulevard is acceptable; hoviever the Engineering
Division states tiiat a cornoti 60-foot entrance is unaccedtable and they recor,,Mnd
that no entrance on Shell Road be allowed. The Health @partment requires City
water and sevter.
Mr. Owen Pickett appeared on behalf of the applicant.
Dn motion by Councilman Holland, seconded t,y Councilman Callis, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Frank A. Dusch, George R. Ferrell,
Clarence A. Holland, J. Curtis Payne, Vice Nlayor Earl @l. Tebault, and Mayor
.Donald H. Rhodes.
Nays: Councilmen Robert B. Cromwell, Jr., F. Reid Ervin, D. Murray Malbon,
and Floyd E. Waterfield, Jr.
Absent: None
City Council approved the above application of Harry Sandler for a n e
of Zoning from Limited Commercial District 3 (C-L 3) to General Commercial
istrict 3 (C-G 3) and a Use Permit to construct a gasoline supply station
on certain property locat d on the Southeast intersection of independence
Boulevard and Shell Road; subject to standard site plan requirements and
street improvements along Shell Road and Bradford Road; subject to maximum
entrances of 40 feet along Independence Boulevard, however, the Engineering
Division states that a common 60-foot entrance is unacceptable; subject to
City water and sewer as requested by tlie Healih Department and further
subject to no entrance on Shell koad being allowed.
ITEM #4447
Application of Acquisition, Inc., for a Use Pomit to construct 120 motel
efficiency apartments on certain property-runn@n a distance of 227.12 feet
on the ilorth side of Shore Drive, running a distance of 357.10 feet alonq the
East side of DuPont Circle, running a distance of 477.59 feet along the South
side of Bay Drive, and running a distance of 249.38 feet along the West side
of East Stratford Road. Said property is known as Lots I through 15 inclusive,
Block 9, Section B, Plat of Ocean Park. BAYSIDE BOROUGII.
The Planning 6ommission recommends anproval of this request subject to a dedication
of right of way 25 feet from the cen ter line of the existing 40-foot right of viay
along the 357.10-foot nore or less frontaqe on DuPont Circle (5-foot dedication);
also a dedication of right of way 30 feet frot,7i t@ic center line of tl)e existing right
of way along the 227.12 foot more or less frontaqe on Shore Drive (a variable
dedication). Tlie motion for approval includes the suagestion that the applicant
participate in school site acquisition; Engineering Division, Department of Co-mmunity
Serviccs requires standard site plan improveiients. Shore Drive shall require a
pavement widening of 12 feet along the 190-foot frontag--; DuPont Circle shall re-
quire widening to 13 feet from the center line with concrete curb and gutter alonq
the western property line; that a portion of East Stratford Road which shall service
the site shall require ir@iproverients to conform viith the standard 50-foot right of
way section, to include a total Davemnt width of 30 feet face-to-face (curb). A
paved surface with concrete curbinq, 2.5 feet from the property line shall be
provided for all parkinq areas; on-site parkiig requires 10 feet by 20 feet spaces.
Left turn riovement from eastbound traffic alonq Shore Drive will not be permitted
for East Stratford Road after perfianent improverients are constructed for Route 60
(Shore Drive). Health Departnent requires City water and sewer.
Mr. Andrea Heatwole appeared on behalf of tae applicant.
On motion by Councilman Holland, secande(I by Councilman Cromwell, and by
recorded vote as follows:
'Yes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
lusch, F. Reid Ervin, Clarence A. liolland, D. Muri,ay @talbon, J. Curtis
Payne, Vice @layor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor
Donald H. Rhodes.
Nays: None
Absent: None
Abstain:, Councilman George R. Ferrell.
City Council approved the above application of Acquisition, Inc., for a Use
Permit to construct 120 motel efficiency apartments on certain property
runn:Lng a distance of 227.12 feet on the North side of Shore Drive, said
property is known as Lots 1 through 1S inclusive, Block 9, Section B, Plat
of Ocean Park, Bayside Borough; subject to ;i dedication of right of way 25
feet from the center line of the existin@, 4()-foot right of way along the
357.10-foot more or less frontage on DuPont Circle (5-foot dedication);
also a dedication of right of way 80 feet from the center line of the exist-
ing right of way along the 227.12 foot more or less frontage on Shore Drive
(a variable dedication); subject to the applicant participating in the school
site acquisition as reqLleSted by the School Board; subject to standard site
plan improvements as requested by the Engineering Division, Department of
Community Services; subject to the requirement that Shore Drive be widen
2 feet along the 190-foot frontage; subject to the requirement that DuPont
ircle be widen 13 feet from the center ]in(,, with concrete curb and gutter
long tlie western propertv line; subject to the requirement that a portion
of East Stratford Road which shall service tlie site, shall be improved to
conform with the standard SO-foot riglit of ivay section, to include a totai
pavement width of 30 feet face-to-face (curt)); subject to a paved surface
with concrete curbing; subject to 2.5 feet ,-rom tlie property line bein@, pro-
vided for all parking areas; suf)ject to tlio on-site parking requiremcnt of
10 feet by 20 feet spaces; subject to left urn niovement from eastbouild
traffic along Shore Drive not beiag pormitt(,d for East Stratford Road after
pernianent iinprovements are constructed for lloutc 60 (Shore Drive); an(] furtlier
subject to City water an(i sewer ,is requireci by tlie lfealth Department. The
applicant agreed tliat if it becomes nece,,s@ii-'v, tlicy will provide the bulkliead.
Tlie applicant also agreed to provide ,i plifill) Tig station.
(COUNCILMAN CROMWELL LEFT THE COUNCIL CHAMBERS)
ITEM #4448
Application of White Way Laundry, Inc., for a Use Pcmit to construct 7 tawn-
houses and 6 apartments, totaliri(i 13 units on Ce-r ain property located at the
Morthviest c6rner of 34th Street and Arctic Avenue, runninj a distance of 140
feet along the West side of Arctic Avenue, runninq a distance of 100 feet along
the North side of 34th Street, running a distance of 140 feet along the Western
property line and runninq a distance of in) feet alonq the @llorthern oroperty
line. Said property contains 14,000 square feet. VI@G1711A BEACH BOPOUGH.
The Planning Commission recornends approval of this request subject to a modi-
fication to allow a total of 7 townhouses rather than the 7 townhouses and 6
apartment units requested. ADproval further suggests participation in school
site acquisition and tlie Health Department requires City water and sewer. The
Engineering Division requires standard site plan requirements and includes
right of way inprovements for Arctic Avenue and 34th Street to include pavement
widening to 18 feet frori the center line, concrete curb and nutters and 4'-O"
walkway. The tvienty-foot alley will require improvements to include a 9-foot
paved section (from right of tiay center line) and a concrete curb. Parking
spaces are required to provide 9-0@@ square feet of on-site area and sliould be
oriented so as to discouraqe veiiicles from backing into the oublic right of way
(34th Street). The Recreation Departmnt recoumnds open space for the residents
be included.
Mr. Nick Cohen appeared on behalf of the apl)licant.
On motion by Councilman Dusch, seconded by \'ice Mayor Tebauit, and by recorded
ote as follows:
..yes: Councilmen RoDert H. Callis, Jr., Frank A. Dusch, F. Reid Ervin, George
R. Ferrell, Clarence A. Holland, D. Murray Nlalbon, J. Curtis Payne, Vice Mayor
Earl M. Tebault, Floyd E. Waterfield, Jr., @ind Mayor Donald H. Rhodes.
Nays: None
Absent: Councilman Robert B. Cromwell, Jr.
City Council referred back to the Planning (:ommission the application of White
Way Laundry, Inc. for a Use Permit to consti-uct 7 townhouses and 6 apartments,
totaling 13 units on certain property located at the Northwest corner of 34th
Street and Arctic Avenue, Virginia Beach Bol@ough.
(COUNCILMAN CRO@1WELL RETURNED TO THE COUNCII@ CHAMBERS)
ITEM #4449
Application of First Baptist Church for a tlse Pemit for a parking lot for
which no fee Is to be charged on certain prop.-rty eginning at a point 150
fect West of Pacific Avenue, running a distance of 50 feet along the South
side of 35th Street, running a distance of 140 feet along the Eastern property
line, running a distance of 50 feet alonq ttie Southern property line, running
a distance of 140 feet along the @!estern proplrtv linc. said parcel is known
as Lot 14, Block 103 and contains 7,000 so.uare @et. VIRGINIA B-LACH BOROUGii.
The Planning Cormission reconiiiends approval of this request provided a standard
Virginia DepartiTient of Hig@)ways CG-10 entrance is provided on 25til Street and
a minimum entrance width of 12 feet is also providld; concrete curbing (CG-2)
is required 2.5 feet fron the property line.
.Mr. Kenneth L. Jard appeared on behalf of the applicant.
On motion by Councilman Dusch, seconded by CouncilTnan Callis, and by recorded
vote as follows:
,es: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
-isch, F. Reid trvin, George R. Ferrell, Clarence A. Holland" D. @lurray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
City Council approved the above application of First Baptist Church for a Use
Permit for a parking lot for which no fee is to be charged on certain property
Ueg-inning at a point 1SO feet West of Pacific Avenue, subject to the applicant
providing a standard Virginia Department of Highways CG-10 entrance on 25th
Street and a minimum entrance width of 12 feet; and further subject to concrete
curbing (CG-2) 2.5 feet from the property line.
ITEM #44SG
Application of Josenh F. and Barbara Fielder by Grover C. Wright, Jr., AttorneY.
for a Chanqe of Zoning from One Family P,--sidence District (R-1) to rultiple Family
Reside@e jTs-ft:iet@,Z-3) and a Use Pc!r, it to construct 34 apartment units on cer-
tain property located across fron@,a@yla-nd Avenue and running a distance of 210
feet along the East side of frctic Avenue, running a distance of 175 fcet along
the liorthern property line, running a distance of 210 feet along the Eastern
property line (Lake Holly), running a distance of 165 feet along the Southern
property line. Said parcel is knovin as Lots 14 through 20, Block A, Plat of
Shadow Lawn Heights. VIPGIIIIA BEAC@I BORR)UGH.
The Planning C(xmission recon,.mnds denial of this request due to opposition of
the affected Civic Leagues and the requested density does not conform with the
Beach Borough Developr@ient Plan.
Mr. Grover Wright, Attorney, appeared on behalf of the applicant.
Mrs. Betty Ackiss, representing Shadowlawn Civic League, appeared in opposition
to the above application .
On motion by Councilman Callis, seconded by Councilman Wate,rfield, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cronwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald 11. Rhodes.
Nays: None
Absent: None
ity Council denied the above application of Joseph F. and Barbara Fielder
or a Clia from One Family Resi(lonce District (R-1) to Nluitiple
family Re ict (R-3) and a Use Permit to construct 34 apartment
units on certain property located across from Maryland Avenue, said parcel
is known as Lots 14 through 20, Block A, Pl@it of Shadow Lawn lieights,
Vii-ginia Beach Borough. 'Fhc application was denied due to opposition of
the affected Civic Leagues and the requestea density not conforining with ttie
Beach Borough Dcvelopment Plan.
ITEM #44SI
Application of Ryan Academy by Allan J. Gordon for a Use Permit to operate a
private high school on certain property located on th@-ort east corner of
Indian River Road and ThOMDkins Lane, runnino a distance of 425 feet along
the North side of Indian River Road, running a distance of 506.06 feet along
the Western property line of which 215.26 feet is the East side of Thonpkins
Lane, running a distance of 831.43 feet alona the 'Iorthern property line and
running a distance of 1138.70 feet along the Eastern property line. Said
parcel contains 11.247 acres. (iiewlight Area). KE@,IPSVILLE BOROUGli.
The Planning Comission recormends approval of this request subject to a
dedication of right of way 55 feet from tlie center line of the existing 50-foot
right of way along the 42-3-foot more or less frontage on Indian River Road
(30-foot dedication); also a dedication of right of way 25 feet from the center
line of the existing 40-foot riglit of way along the 215.26-foot nore or less
frontage on Tiiompkins Lane (5-foot dedication) required by Real Estate Division.
The Engineering Division requires right of viay improvemnts for Indian River
Road to include pavenent widening to 24 feet from the center line, concrete
curb and gutter and stom. drains as required @y design; entrances 30 feet in
width should be located a minii,,lum distance of 12.5 feet from the property line.
Thompkins Lane shall require widenina to 13 feet from center line with CG-6
curb and gutter; parki.'Ia areas siiall be surfaced and provide 200 square feet
per space. Future traffic control shall be restricted to Thompkins Lane when
permanent improvements are constructed on Indian River Road. The Health
Department requires City sewer.
Mr. Allan J. Gordon appeared on behalf of the applicant.
')n motion by Councilman Ferrell, seconded bv Councilman Dusch, and by recorded
,ote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clqrence A. Ifolland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
City Council approved the above application of Ryan Academy for a Use PerTnit
to operate a private high school on certain property located on the Nort east
corner of Indian River Road.and Thompkins L@ine, (Newlight Area) Kempsville
Borough; subject to a dedication of right of way 55 feet from the center line
of the existing SO-foot right of way along the 425-foot more or less frontage
on Indian River Road (30-foot dedication); subject to a dedication of right of
way 25 feet from the center line of the existing 40-foot right of way along
the 215.26-foot more or less frontage on Ttiompkins Lane (S-foot dedication) as
required by the Real Estate Division; subject to right of way improvements as
requested by the Engineering Division for lwidian River Road to include pavement
widening to 24 feet from the center line anti storm drains as required by design;
subject to entrarces 30 feet in width locat(,d a minimum distance of 12.5 feet
from the property line; subject to the requirement that Thompkins Lane be widen
3 feet from the center line with CG-6 clirb and gutter; subject to the parking
reas being surfaced aiid providin@ 200 square feet per space; subject to future
raffic control being rcstricted to Tliomlikiiis l,ane ivhen permanent ipiprover,.ients
are constructed on Indian River Road; subject to Ci.ty sewer as required by the
Health Dopartment and ftirtlier subject to -eiltrances to the school being provided
on Thompkins Lane (no entrances off Indiaii l@iver Road).
ITEM #4452 Li
Application of Robert and Lillian Gregory for a Chanqe of Zoninq from Agricultural
District (A-R) to Residence f)uplex District 2 (R-- 2@on-cortain propert_y
beginning at a point 691.8 feet more or less East of Princess Anne Tload, runn-
lng a distance of 200 feet along the t@'orth side of lialbon Road, runnin.9 a
distance of 439.43 feet along the Eastern pronerty line, running a distance
of 200 feet along the iiortliern property line and running a distance of 489.68
feet along the Western property line. PUIIGO BOROUGH.
The Planning Comission reconr*nds approval of this request subject to standard
site plan requirenients when the site is developed and the motion for approval
suggests participation in school site acquisition.
Mr. Robert Gregory appeared on behalf of his own application.
Mr. Pat Gomez, representing the Pl.anning Director, indicated that the Planning
Department had received a letter of opposition from Mr. Alton Turner, adjoining
property owner.
On motion by Councilman Waterfield, seconde(I by Councilman Cromwell, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Rol,ert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clzirence A. liolland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl @l. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
ity Council approved the above application of Robert and Lillian Gregory for
Change of Zoning from Agricultural District (A-R) to Residence Duplex District
-D on site "F" as described on a plat of property beginning at a point
791.8 feet more or less East of Princess Aniie Road, Pungo Borough; subject to
standard site plan requirements when the site is developed and participation
in the school site acquisition formula as r(@quested by the School Board.
ITEM #4453
8.
Variance from Subdivision Re u tio
,q la
Subdivision of Part of Lot 64, Liiilhorn Park
By Henry C. Morgan, Jr. Owner
Appeal to the Council of the decision of the Planning Commission at the March 14, 1972
Meeting to deny Mr. Morgan's request for a vzi riance.
Mr. Henry C. Morgan, Jr. appeared on behalf of his own application.
On motion by Councilman Callis, seconded by Councilman Dusch, and by recorded
vote as follows:
@yes: Councilmen Robert Ii. Callis, Jr., Rol)ert B. Cromwell, Jr., Frank A.
usch, F. Reid Ervin, George R. Ferrell, Cl@irence A. Ilolland, D. Murray
albon, J. Curtis Payne, Vice Mayor Earl @NI. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
City Council approved tlie variance from Stib(tivision Regulations, Subdivision
of Part of Lot 64, Linkhorn ilark as request(,d by Mr. lfenry C. @lorgan, Jr.,
owner of tlio subject proporty; sttbject to tlie applicant, @Ir. Morgan, agreeing
to a dedicatioii of 10 feet wtiori aiid i[ IfolIN, I)rive is widen and recording tlle
dedication agreement on tlie plat of tlic Sub'(Iivision.
ITEM #4454
Mr. A. Vernon Watts, Sanitation Supervisor, appeared on behalf of the Health
Department..
On motion by Councilman Payne, seconded by Councilman Ervin, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
[albon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
r., and Mayor.Donald H. Rhodes.
Nays: None
Absent: None
City Council approved on second reading the following Ordinance to provide
regulations for the design, etc., of s;vimming pools and to provide for the
administration and enforcement of same, and to provide for fees for permits:
A.N ORDIN@NCE TO PROVID--, iEGULAT-,@0-I.S @-o@ DESIGN,
CONS-@RUCTIO@l, @%.,@D OPE@,%TION
OF SW',,'aTN"@ POOLS AND
AND ENFO@T@C",@,@:,NT 01,' P@qD,
PEPd@iITS i@'D !NSPEC--',G',", L@,'D VIOLATIONS
t,ND REPEALINI- A-LL -@ONFLICT
THERF.WITli.
BE IT ORDAI,QED BY THE COTP@CIL OF T-E CITY OF VIRG'@NIA BEACH, VIRGINIA:
I14 GENERAL
(a) This ord4@-,iance is adopted to provide re.@ulations relatin,. t-o the
design, construction, alteration, ma:Litenance @i-,id operation of sanitation
and safety features applyin-. to the use and operation of all constructed
swiinming pools with the exceptio-,i o-F: (1) Es-@ab'-ishraents under the suder-
vision of the Bureau of Tourist Establis'iinent San-Itatidn. (2) Private
residential swimming poo,ls, excent as here@,-na@@tor Drovided. (3) Single
occuDant tanks and s,io@iers used exclusively @or tlierapeutic purposes;
I
to provide @or permits @@or the construc t4 on o@ '%Vinmin,, pools; to pro-
'de fees for the inspection of swiRL-,Iin@ nools; to provide for the opera-
v,
tion of swirinin@. pools; to provide @or t,ie adir"n"stration and enforce-
ment ol@ the swimmin, pool ordinance; to prov@Llo a penalty for violations
thereof and to repeal all ordi-,iances in coil-lict therewitla.
(b) In addition lo the requiremenls of ti-,is ordir,@ince the re-
quirements of the Building, nnd Elec,,-rical Codes of the City
of Virginia Beach and -@lie NationLI -@lectrici-, Co@e s'tiall apply in the
constrtiction, repair, alteration, :@,ain,@cnance z-.ad operation of swim-
ming pools.
(c) -ihe structural and equippient provisions and requirements of
this ordinance shall not apply to aiy pool.,,, conslructed prior
to the effective date of t'iis @rdinance excc,,@t as follows:
L
When any condition exists in such swimniing pool that would
endanger the health, safety or life of any person, the
Director of Public flealth, shall have tlie authority to
order such swiriiming pool closed until such condition is
corrected.
(2) When any alterati.on, placemenl or replacement of any
equipment is made in any such swimming pool.
(3) The provisions aiid requirements of this ordinance lqith
respect to operational procedures and standards, chemical
feeding equipment, flow meters, pressure gauges, toilet
faciliti.es and lifeguards shali be complied with by all
swimming pools, regardless of date of construction, with
the exception of private residential swimniing pools.
(4) The provisions and requirements of this ordinance with
respect to fences shall be coflplied with by all swimming
pools including private resid,,ntial swinuning pools, re-
gardless of date of constructlon.
DEFINITIONS
For the purpose of this cliapter, the f o Llowing wbrds and phrases
sliall have the meaning ascribed to them in tilis section unless otherwise
expressly 8tated or unless the context clearly indicates a different in-
t6ntion.
(a) "Swimming Pool" c)r "Pool". Any art:ificial, permanent basin or
tank, including all appurtenant equipiiient, structures and facilities for
the purpose of impounding @i@iter to a deptli o] m,@re tlian t@7o feet, for the
immersion or partial iiimiersion thereiii of litir@ian beings.
(b) "Bathing Placc,". Means aiiy swi@inii,F, pool, widing pool or spray
pool.
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(c) "Health Director". Shall mean the Director of Public Health of
-the City of Virginia Bcacli, Virgiiiia, and hi,,;/her authoriz ed representative.
(d) "Maximum Load". Shall mean the nuiiher of batliers in the water
to be determined by dividing the total of sqtiare footage of the @wimming
pool water space by 25.
(e) "Person". Shall. mean individual, fi.rm, corporation, association,
partnership, company, @.overnmental agency, club, school or organization of
any kind.
(f) "Private Residential Swinimin@. Pool". Any swimming pool located
on private residential property under tlie control of the homeowner or
property oiTner, the use of which is limited to swiit)ming or bathing members
of his family or their invited guests.
(g) "Public Swiraming Pool". Any swimming pool other than a private
residential swimming pool intended to be used collectively by numbers of
persons for swimming or batliing, operated by any person as defined erein,
whether he be the ox@Tner, lessee, operator, or concessionaire, including
among others, swimming pools at private clubs, commercial pools, apart-
ment complex pools @.7hether or not an admissioa fee is charged.
(h) "Spray Pool". An artificial, hard 3urfaced drainage area
designed to remove water, at a rate sufficienl to prevent impounding
from sho@,7er or spray nozzles, used in conjenclion therewith for spraying
human beings.
(i) "Wading Pool". Any artificial, perinanent basin or tank, in-
cludin-. all appurtenant equipment, structures and facilities, for
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-tite purpose of impounding water to a depth n(,t greater than two feet, for
the immersion or partial iumiersion tlierein o human bein.@s.
(i) "Fence". Shall mean a close type i,Lrtica-I barrier not less than
three feet-in ',ieight abovo ground surface. i, ,,oven steel wire, 6hain link,
picket or solid board type fence barrier @@hi,',l will prevent the smallest
children from getting througli shall be constiucted as wittiin this definition.
BUILDING PEfu4ITS
A building permit shall be obtained frori the Building Inspector, after
site plan approval by the city planning co..@,iiission wtien required before the
construction of any bathin.- place. Plans an,[ specifications s@nall be sub-
mitted in triplicate to the office of tlie Dii-ector of Public 'iealth for
approval, and one set bearin.@ the approval b, tlle Director of Public Ilealth
shall be returned to the adplicant. Plans attd specificatic)ns sliall liave
been approved by the T)epartnient of Public tleilti@ T)rior to the issuance of
such buildin,. permit. Plans for alterations or repair shall not be-re-
quired to be subrlitted Lo tlie City Planni.'I,I, (',)mmission.
No construction, alteration, renovat-ori or oper,,ttion of any bathing
place shall be commenccd witliout the appl4-cart oifner, or his agent, the
contractor or contract:ors performing the @7c)rl,, having first obtained the
required perriits and approval frotq thc,, De:,)arL.-,Ont cf Public l@,ealtli and
the Bureau of Inspections.
INSPECTIONS OF BATIIING PLACES
The Director of Public Healtli shall @,il@c inspections to determine the
condition of any public swieinin,- pool loc@itec' within Llie city except those
inspected by the Bureau of q'c)urist EstablisliiT@cnLs of tlie Stite Health Depart-
ment. The Director of Public 11--aitli shall li@@,e thc, power to enter, at
reasonable times, upon any private or oublic property for the purpose of
inspecting and investil-,aling conditions relatin,, to the enforcement of
this cliapter of regulations adopted ptirsuint tlieret-o.
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SUSPE@ISION, REINSTATT,,!4-"NT AND PENAITIES
If the Director of Public Ilealth find,@ t-hLt probable cause exists for
the suspension of a persons permit to oper,,ite a Public Swimmin., Pool, and
that the healtli and safety of tliose @,71,io uL4,1;ze tlie pool is menaced, he
may enter the order for tlie immediate stispcnsion of the @ool's operation
until such time as he finds that such prob@ble catise for suspension no
longer exists. No person shall op6rate anN public swi,.nming pool when
subject to an order of suspension.
The Director of Public Health may reinstate permits if no fact or
condition then exists whicl) would warrant iiis refusal to grant a permit
under the terms of this cliapter and otlic@r @gpl4cable laws.
Any person @qho stiall fa4@l, refuse or ne,.Iect to comply with the
provisions of this chapter sliall, upon convictioli, be punished by a
fine not exceedin@ Viree Ilundred Dollars (@300.00) or confinement in
jail for not more tliin thirty (30) cl,,iys, either or @t)oth, and every
failure, refusal or neglect to fully ancl comdletely comply with the
provisions of this chapter and each diy's c,)ntinuance thereo@' beyond
the time specified sliall constitute a separ-te offense. Violations
of the provisions of thi.s chapter may al@,o )e res@rained, prohibited
or enjoinc,.d by appropriate proceedings.
PUBLIC SWI@'@IING POOLS
(a) Operator's Ilermit, Require-d; Limilation as to Isstiance.
A person acting for nana-.ement of any POOI 3flall be considered as
operator of sucti pool and come under all of the requirements herein
stated for the operation of said pool,. It ;'Aall be unla@qful for any
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Verson to establish, construct, operate or Diiintain, use or offer for use,
any public pool located within the limits ol- the City of Virginia Beach,
Virginia, unless he holds a valid operators permit issued by the Department
of Public Health. The requirement that sucli permit shall be obtained is
in addition to,any other permits or license@, required by the Collimonwealth,
the Code of the City of Virginia Beach, Virginia, tlie City Council and any
department, board, agency or commission of ifie City of Virginia Beach,
Virginia.
(b) Issuance of Operator's Permits. Operator's permits shall be
,issued only to individuals. No person shal,. operate a public pool
unless it is under tlie immediate control of an operator holding an
operator's permit issued by tlie Director of Public Healtli.
(c) Qualifications of Applicant. An Lppiicant for operator's
permit shall have basic knowledge of the wal:er treatinent process in
bathing places; shall know proper teclinique for collection of water
samples for bacteriological analysis; and b(@ capable of performing the
chemical tests necessary in control of batli-ng places.
(d) Term of Permit; Nontransferable. A public swinuning pool
operator's permit shall be valid for a peric,d of one*year from date
of issuance, unless sboner revoked or suspeiided. No permit may be
transferable and any person liolding a periiiit shall .@ive notice in
writing to the Department of Public Health @iithin twenty-four (24)
hours, after having sold, transferred, giveii a@,7ay, or othenTise
disposed of interest in or control of anv b@itlling place. Such notice
shall include the name and address of the p,@rson succeeding to the
bwner-ship or control of such bathing place.
(e) Posting. An operator's permit as provided for in this chapter
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shall be posted in vie@q of the public at such swimming pool.
(f) Fees For Perniits. The fee for a Dermit to construct, operate,
and maintain a public swimming pool shall b,@ $25.00, per year.
POOL FACILITIES - RNES AND REGULATIONS
All public swimming pools sliall be ope-ated subject to the follow-
ing rules and regulations.
(1) Dressing Room Facilities.
(a) Dressing Rooms. A dressing room must be provided for
each sex at all swimming pools, except as exempted
below. Apartment complex po(,l facilities where there
are no more than 250 units sliall be exempt from the
provisions of the sections r(t@arding dressin@. rooms,
showers, toilets and lavatories. Pools which are of
2,000 square feet or less sh@ill be exempt from the pro-
visions regarding dressing rc,oms.
(1) Soap. Dispensers for either liquid or powdered
soap shall be provided between each pair of
shower heads and at eacl- lavatory and must be all
metal or plastic type. No glass is permitted in
these uiiits.
(2) Common Use of Articles. Tlie common use of brushes,
combs, towels, and drinking cups shall be prohibited.
(3) Stiits and ToNqels. Bathing suits and towels furnished
to batbers shall be laundered aiid handled in a healthful
and safe manner.
(4) Floors. Dressing room floors shall be maintained in
a cleaii and dry condition, i4hen tlie swimming pool is
not in use to aid in the prevention of "athlete's
foot" disease.
(5) General Housekeepiri@.. All of the dressing room
equipment and facilities shall be maintained in
a healthful and safe manner.
(6) Life Saving and First Ail Facilities. Swimming
pools shall be equippc,-d Jitti one or niore liglit
but strong poles @7ith bl@int ends and not less than
12 feet in len.@th for ma;cing reaching assists or
rescue; one or more throwing buoys not more than
15 inclies in diameter, hiving 50 feet of 3/16"
manila rope attached, placed in easily accessible
racks adjacent to the po,)I; a standard 24 unit
first aid kit whicti shall be kept filled and readily
accessible for emergency use. In addition, tliere
shall be prominently dis@layed immediately adj @nt
to the telephone, a tele@,hone number list to in-
clude the nearest availail)le doctor, ambulance
service, hospital, and p,,Iice or fire deparlment
rescue unit.
(7) Mirrors shall be provide@l over each lavatory and
toilet paper holders sliall be provided at each
water closet. Glass mir-ors shall not be p erm-
iLted.
(b) Showers. Showers shall be pr@)vided in the preparation
of one for each forty persons it tl)e time of maximum
load. Each shower sliall supp:y adequate quantity of
heated @qater through a device that will prevent scalding.
Draina@.e from each shower slia@T be sucli as to prevent
water froni one sliower drainin@@ across the floors to
another. Showers sliall be so locatcd ttiat the batfiers
will p@iss tliem on tlic,.ir way t(, tlie poc)l.
(c) Toilets. A minimum of two water closets for females and
one water closet and one urinal for males shall be pro-
vided at all swimming pools except those pools built prior
to tliis ordinance. The urinals and water closets shall be
so located that the batliers 7ill pass Lbem on the way to
the oool.
(d) Lavatories. A minimum of one lavatory for females and one
lavatory for males sliall be i3rovided for all swimming pools
except for those pools built prior to this ordinance.
(e) Drinking Fountains. The swimming pool area shall be
equipped with at least one al)proved drinking fountain
that is readily accessible t(, bathers, except those pools
built prior to this ordinanc(!.
(2) Pool Areas
(a) Operating Records. Acceptab@e daily records of the opera-
tion of the swimming pool sh@ill be riaintained by the opera-
tor. These records shall incl.ude date, Pil, the free chlor-
ine residual, water clarity, cleanliiiess, chemicals added
and amounts, and such other items as m@y be required by the
Director of Public Health for tlie health and safety of
bathers. These records shall be kept on file for a period
of three rionths and shall be open to inspection at reason-
able tinies hv the Director of Public ilealth.
(b) Disinfection. The chlorination equipment shall be operated
so as to maintain a free available chlorine content of not
less tlian 1.0 ppm at all points throu.@hout the swimming
pool water when there are batiic!rs present. Chenlicals other
than clilorine, sodium or calciuri hypochlorite lime, soda ash,
muratic acid, NSF approve(I solid state cliemical., aluminum
sulfate, and cyanuric cliloridu sliall not be used to treat
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swimming pool water wi-Itiout permission of the Director of
Public Health.
(c) Filtration. The filters shall be oper'ated 24 hours per day
during the season of use o[ the swiriming pool. At all times
when tlie pool is open for use, the water shall be sufficien-
tly clear to permit a disc six inches in diameter, divided
into alternate black and wfiite quadrants, @v-llen placed in the
bottom of the pool at the deepest point, to be clearly
visible fro,ii the s@iimming pool deck at all distances up
to ten yards in a horizontal lirection from the pro-
jection of the disc on the swlmming pool surface.
(d) Filter Iloom Placard. A placard sliall be prominently
displayed showing the followiiig data: size of tlie swimming
pool in feet and volume in gaL].ons, capacity of the filters
in square feet and gallons pel- minute, capacity of the
pumps in gallons Per minute al tlie appropriate head in
feet, head loss at which the i-@-Iters should be backwashed,
complete instructions for opei@ating the recirculation and
disinfection equipment and ma@@imum nuniber of bithers allowed
in the pool.
(e) Life Guards. There shall be @it least one life guard on
duty at all times wlien the poc,l is of 2,000 square feet
of water surface or more and (pen for use. Pools whicli
are of 2,000 square feet or Icss shall liave on duty a
reliable and conpetent person as a life guard. Life
guards on duty shall be constriied to be tliose qualified
persons @qlto.@e sole dtity is ob @rvatioii and protection of
batliers. @,lienever water is more than @ive feet deep,
life .uards slial.1 be furril.@liec@ elevate(I cliairs at tile
deep eiid. Aiiy in(liviCILI@ll reL@iinc,(l ,is i life Euard of
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pools 2,000 square feet or Biore shall possess the qualifi-
cations for meeting the standards of currently trained sen-
ior life savers recommended by the American Red Cross,
Y.M.C.A. or other accredited agency for life saving personnel.
(f) The Ratio of Life Guards to l@atiiers. The ratio of life
guards to bathers shall bp- cne life guard on duty for the
first seventy-five bathers and an additional life gtiard
50
for every additional/batlier, in the pool or fraction there-
of.
(9) Food and Drink area. Food and drink preparation, serving
and consumption shall be permitted only within designated
areas approved for these purposes and in no event within
five feet of the water or ir tlie swimming pool.
DESIGN AND CONSTRUCTION
(a) Pool and Pool Area
Tiie pool.and pool area of all public s@4imming pools shall comply
with the following requirements.
(1) Water Supply. All water used in swimming pools shall be
from sources that are appro@ed by the Director of Public
Health. No piping arrangericnt sliall exist which, under
any conditions, will per,.nit sewage or waste to enter tbe
swimmin@. pool system or water from tlie swimming pool to
enter the make-up supply.
(2) Location. The location of tlie pool shall in no way binder
the operation for @qhicli it is designed to adversely affect
the batliers; safety or water quality. It shall be located
in an area not subject to flooding.
(3) @laterials of Pool Shell.. Swir,,,ming pool shells shall be of
reinforced concrete, or equivalent in strength and dura-
bility, designed and built t(, withstand anticipated
stresses, watertighr constru(@Lion and shall have smooth
cleanable surfaces. A white or light colored waterproof
interior finish which will withstand repeated brushing,
,scrubbing and cleaning proceclures shall completely line
the pool to the coping.
Shape and Slopes. Tlie pool ;hall be designed and construc-
ted of such shape, contour, c@tc., that efficient and safe
control of the bathers can bc- accompli@hed. In water
depths under five feet, tlie @lope of the bottom shall not
exceed one foot in twelve fee-t. Pool walls shall be vert-
ical from the break point toward tlie deed end for at least
three feet below the water line and vertical from the
break point to the shallow epd to within one foot of the
finished floor of the pool.
(5) Pool Decks. There shall be a deck at least four feet wide
extendin., around the entire rerimeter of the pool. The deck
shall be ccnstructed of concrc@te or otlier approved material.
The material shall have a nor-slip but smooth finish. The
deck shall have a pitch of not less than one-eighth of an
inch nor more than five-eigliths of an inch to the foot and
be so designed as to conduct drainage away from the pool
area in a manner t'iat will not create or maintain pools of
water or a nuisance. Alternate methods are to be submitted
to the Health Department for approval.
(6) Fences. All outdoor swimnini,, pools shall be enclosed by a
substanLial barrier or fence of at least three feet in
lieight to promote safety and cleanliness of water. A
gate at least tlirce feet in ficiglit and of material as
or
substantial as tlie fencc,/birricr sliall be provided.
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(7) Ladders, Recessed Treads, and Stairs.
(a) Steps or ladders shall be provided at the shallow end
of the swiniming pool if the vertical distance from
the bottom of the pool. to the deck or walk is over
two feet. Recessed steps or ladders shall be provided
at the deep portion of the swimming pool, and, if the
pool is over tliirty feet wide, such steps or ladders
shall be installed on each side.
(b) Steps leading into tlie siiimming pool shall be of non-
slip design, have a Diinimum tread of 12 inches and a
maximum rise or height of 10 inches. There shall be
no abrupt drop off or submerged projections into the
pool, unless guarded by liandrails.
(c) Swimming pool ladders shall be corrosion resistant and
shall be equipped with non-slip treads. All ladders
shall be so designed as to provide a hand-hold and
shall be rigidly installed. There shall be a clear-
ance of not more than five inches nor less than three
inches between any ladder and the pool wall. If steps
are inserted in the @valls or if steplioles are provided,
they shall be of such design that they may be cleaned
readily and shall be arranged to drain into the pool
to prevent the accumulation of dirt thereon. Step-
holes shall have a minirpum tread of five inches and a
minimum width of 14 inches.
(d) lniere steps, stepholes, or ladders are provided within
tlie swimming pool, there shall be a liandrail at the top
of botli sides tliereof, e-tending over the coping or
edge of the decl@.
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(8) Overflow Facilities
(a) Provisions si)all be made for renioval of floating
material and scum from the sutface of the water.
If a recessed type of gtitter located near the top of
the walls is to be used, the gutter shall have a
minimum depth of three inches aiid shall be of a
design which will permit satisfactory cleaning of
the overflow cliannel. 1"rie gutter drain outlets shall
be spaced around tlie poc.] not more than fifteen feet
on centers. The gutter bottom shall slope toward these
outlets with a minimum slope of one-eighth inch to the
foot. The drains shall not be less than two and one-
half inches in diameter and tlie total orifice area
of the grating shall be at least twice the cross-
section area of tiie outlet pipe.
For pools with overfloiqing gutters a water level
control tank shall be provided which will effectively
provide for maintenance of the water level so as to
produce constant surface skiroiin.@ action at all times.
The above described gutter may be replaced by an
arrangement of overflow devices, in the walls which
will provide the proper removal of scum and floatin@.
material. There sliall b-, one such device for each
400 square feet of nool area with a minimuin of 4 per
pool, each 6f which stiall be individually controlled.
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If the recirculation sy@;tem is designed for water to
enter tlie bottom portioii of the pool and overflow
the top, then adequate Irainage of the scum and
floating material from tiie deck must be provided.
This may be by a contintious drain or multiple drains.
In multiple drains, eacii drain grating shall have a
total orifice area of at least four times cross-sectional
area of drain pipe, whi,-h shall have a minimum dia-
meter of two and one-half inches. In the use of
drain channels, continu(,ils around the perimeter of
the pool, the channel gi-ating shall be designed so
as not to create a liazai-,l to fingers and toes and
be resistant to corrosi(,,i.
INLETS AND OUTLETS
(a) The inlets for recircul;ition shall be submerged and be
located to produce uniform circulation of water through-
out the swim-ning pool ;@Lthout the existance of dead
spots. Wall inlets sha-I be located on not more than
twenty foot centers entirely around the perimeter of
the swimming pool. Bottom inlets sliall be spaced,
depending on the pool dimensions, so as to produce
uniform water circulation. Each inlet is to be
designed as an adjustab[o orifice or provided with
a valve.
An outlet drain shall b,, provided for completely
emptying tlie swimming pool. Direct connection to a
sanitary sewersliall not loe permitted. Indirect
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connection to a sanitary sewer is permissible in accor-
dance %qith the City Plunibing Code. The outlet drain
shall be covered witli a grate of-such design that it
cannot be readily reniovc-d by or produce any hazard to
the swiiiimers.
It is the intent of this chapter to encourage the use
of a balance tank to retain the water displaced by the
bathers during each period of use,of the swimmin@. pool.
(10) DEPTH @LARKINGS:
(a) Depth of water shall be plainly marked at or above the
water surface on the verticle wall of the swimming
pool, at a maxi.,.num and minimum points and at the points
of breaks bet@qeen the shallow and deep portions and at
intermediate one foot increments -oT depth, spaced not
more than 25 foot intervals measured peripherally.
The depths of the diving areas will be appropriately
matked.
(b) Depth markers shall be in numerals of four inches
maximum height and a color contrasting with back-
ground. @4here depth markers cannot be placed on the
vertical walls above the water level, other means shall
be used, said markirgs to be plainly visible to persons
in the swimining pool.
(c) Lane lines or other markers shall comply with AAU and
NCAA Rules.
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(11) Diving Boards: At least twelve feet of free and un-
obstructed headroom shall be provided above the diving boards.
The minimum depth of water in the diving areas shall be
determined as follows:
DI@IENSIONS
Elevation of Diving Point Depth of End Wall to Maximum
Above Water Surface Water ilaximum Depth to
Depth 5 ft.
0 to 24" inclusive 8 ft. 12 ft. 12 ft.
24 to 30" inclusive 8 ft. 13 ft. 17 ft.
30" plus to I meter
inclusive 8 ft. 6 in. 15 ft. 20 ft.
I meter plus to 3 meters
inclusive 10 ft. 15 ft. 20 ft.
3 meters plus to 5 meters 14 ft. 6 in. 17 ft. 23 ft.
(13) Lighting; Where pools are to be used after dark, the swimming
pool area shall be equipped with lighting fixtures of such number nd design
as to light all parts of the pool, the water ttlerein, and the entire area,
including the bottom of the pool. Fixtures shall be installed in such a
manner as to create no hazard to the bathers. The design and installation
of the fixtures shall be such that life guards can clearly see every part
of the swimming pool, including decks, springboards and other appurtenances
without being blinded by glare. If installed, submarine lights shall pro-
vide at least one watt per square foot of pool area. Each submarine light
shall be properly connected to a ground wire.
(b) Recirculation System; and Appurtenances
(1) Recirculation System: All sw4@niming pools shall be equipped with
a recirculation system consisting of pumps, hair and lint catchers,
filters, disinfection equipment and necessary pipe connections
to the inlet and outlets. Adequate provision shall be made for
backwashing filters. Tlie recirculation system shall be designed
for a six liour or less turnover of the swimming pool water.
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All underground piping in tlie recirculation system shall be f
galvanized type K copper, cement llned cast iron, or schedule
40 polyvinyl chloride, or Nat"onal Sanitation Foundation appro-
ved material.
(2) Hair and Lint Catchers: The hair @ind lint catchers shall be
corroiion resistant iqith openings not more than one-eighth inch
in size providing a free flow at least four times the area of pump
suction lines and shall be readily accessible for frequent clean-
ing and inspection and installed aiiead of the filter pump.
(3) Pumps: The puinping equipment sliall have sufficient capacity
to discharge the volume of water for the required turnover of
the pool against the maximum head in the recirculation system.
The pump used for bacl@washing sand filters shall have sufficient
capacity to backwash the unit at the rate from 12 to 20 gallons
per min.ute per square foot of filter area a@inst the maximum
head developed during backwasliiri@., as approved for the type of
filter used.
(4) Filters: The recirculation system shall be equipped with a
filtration system that will filter t',ae entire contents of the
swimming pool within 6 hours. The rate shall be 3 to 20 gallons
per square foot of fi'@ter area for sand filters as approved.
Pressure filters shall be equi-pped qith readily accessible air
relief valves and with an access hole large enough to permit in-
spections, maintenance and repair w@@rk. Each pressure filter
system shall be equinped with a pressure gauge at least four
inches in diameter on the inlet and outlet to indicate the
pressure in potinds per square inch, and a siglit glass that can
be easily removed for cleaning siial@ be provided on the waste
discliarge line. The filtration rat(, for diatomaceous earth
filters and similar equipment may not exceed 11/2 gallons per square
foot of filter area with six hours turnover of pool volume unless
continuous slurry feed is provided, in which case the rate shall
not exceed 3 gallons per square foot of filter area.
Arrangements or equipment shall be provided for application of
filter aid and proper pre-coatin-@ and cleaning of filter ele-
ments. All filters shall be capable of being cleaned or back-
washed by use of the wash pump and the manipulation of valves.
In view of the constant change of Iesign of such equipment, it
will be necessary to evaluate each system individually and app-
roval or rejection will be at the iiscretion of the Director of
Public Health, based on the need f,)r protecting the health and
safety of those using the pool.
(5) Filter Room: Any room containing the filtration equipment,
pumps, and other recirculation syster@l appurtenances shall be
finished in a liglit color and be provided i7ith adequate illum-
ination and ventilation. Tlie floor of the filter room shall be
designed to provide adequate drainzige. The provision of any
facility for discharging filter ba(@kwashing water onto the floor
is strictly prohibited, and adequal@e provision shall be made for
the discharge of backwasli iqater. Al.1 of the recirculation equit)-
ment in the room shall be installect so that it is easily conven-
ient to operate and reoair. All the entrances below .@round sur-
faces shall be by stairway and vertical door. Adequate headrodm
shall be provided above all filtere,. Below ground filters rooms
shall be provided witli mechanical ventilatioi-i.
(6) Rate of Floiq Indicator: Tlie reciiculation system shall be
equipped witli an accurate rate of flow indicator reading in
gallons per minute, located so as to indicate the rate of flow
of tlie effluent froni the filter an(i also tlie rate of backwash
-19-
in gallons per minute in sand or aiithracite coal filters.
(7) Suction Cleaner: A suction clean,,r shall be p@ovided. Where
the suction cleaner is operated by the recirculation pump, a
device shall be provided for throtlling the.flow from the pool
outlet and the suction cleaner lin@, shall be connected through
the hair and lint catcher.
(8) Chemical Feedin, EquiT)ment: @leans shall be provided for regula-
ting the feeding of chemicals to tlie water in the recirculation
system. The installation of mecliaiiically operated, positive
chemical feeders or open type chem:Lcal machines is required.
(9) Disinfection Equipment: All swimming pools shall be provided
with approved chlorine feeding equ!Dment. The chlorinating
equipment shall be cadable of applvin@ a dose up to 6 ppm of
chlorine at the rate of recirculatlon. Chlorine gas feeding
equipment and chlorine-gas cylinders shall " installed in an
enclosed space or room separate fr,,m the filter room equipped
with a door capable of being locke@t. Such room shall be equipped
with a forced draft fan exhausting to the outside from the floor
level and a fresh air inlet shall I)e providod near the ceiling.
The exhaust fan discharge shall terminate at least twelve feet
above anv area that may be occupie,l by any person or persons.
Forced draft apparatus shall have sufficient capacity to exhaust
contents of the room in not more tlian three minutes. The chlorine
gas tanks shall be protected from @lirec@ sunli,ht and fastened
in place during storage and use. .\n approved type gas mask shall
be provided ,7here chlorine gas is I)eing utilized. This shall be
located accessible to, but outside of, the clil.orillator room.
Nothing und--r tiiis item shall be c,,nstrued as clebarring any
other method of disinfection, or fLItration equipment demonstrated
of at least equal efficiency and jiiicii is approved by the Director
of Public ifealth.
-20-
Chemical Testing Equip-.nent: Each swi-,nming pool shall be pro-
vided with satisfactory equipment for the determination of
hydrogenion concentration (ph) ran-.ing frofn 6.8 to 8. Satis-
fzictory equippient shal.1 also be provided for determination
of residual clilorine content ranging from 0.1 to 1.0 ppm.
(c) Electrical Safety Equipment: All public Swim@ning Pools shall comply
with the requirements of this section relative to electrical installations
and equipment.
(il) Electrical Safety Requirements:
(a) The entire electrical installation provided for public
bathing places, their dressing and locker rooms, and other
indoor and outdoor appurtenances shall comply with and be
maintained in accordance witti requirements of the inational
Electrical Code.
(b) All electrical wiring accessible. to batliers (if run ex--
posed) sliall be in rigid conduit or electrical metallic
tubing, and all boxes, fittings, and accessories used in
damp or wet locations will be so installed and equipped
as to prevent the entrance of water.
(c) Distribution centers, ;qhere fused switches or circuit
breakers are grouped, shall be enclosed, and located so
as to be inaccessible to other than aut'lorized persons.
(d) In addition to the grounding require.'Iients for electrical
equipment, and circuits as required by the National
Electrical Code, all water and other piping to and from
any public bathing place, including inlet and outlet
pipes shall be metallically boiicied to@lether and adequa-
tely connecte(I to tlie sai-@ie grou,iding eloctrode used to
ground tlie netitral conductor of the electrical system.
-21-
(e) Pumps, filters and otlier mechanical and electrical equip-
ment shall be enclosed in sucli a manner as'to be accessible
only to authorized persons and not to bathers. Construction
and draina@e shall be such as to avoid the entrance and
accumulation of water in the vicinity of the electrical
equip-nent.
(f) All electrical devices such as portable announcing sys-
tems, plug-in radios, soft drink dispensers, etc., that might
be improperly used around tlic pool deck and immediate environ-
ment shall be prohibited on pool decks within five feet of a
pool.
(g) ADDITION.AJ, ELECTRICAL SAFETY REQUIRE@IENTS FOR OUTDOOR
PUBLIC PLACES - The crossing of outdoor public bathing places
and playgrounds contiguous tc outdoor public bathing places,
b,y overhead electrical condii(tors is px-ohibited.
(h) ELECTRICAL SAFETY INSPECTION - The electrical installation
of every public bathing pl,,icc, in the City of Virginia Beach,
Virginia, shall be inspected and approved by the Electrical
and Plumbin g Inspection Depai@tnient of the City of Virginia
Beach, for compliance witli t:lte foregc)ing requirements and
any violations reported sliall be corrected immediately.
Such inspections sliall be ma(ic, annually in outdoor bathing
places prior to the opening c,f such season, and indoor
pools shall be inspected as s;oon @fter tlie first of the
year as possible-.
Wading Pools and Spray Pools
(a) Desi@,n and Construction: Wading pools aiid spray pools shall
be furnislied water from an approv,,(l water source. They shall
-22-
be safetly located, well located, constructed of a material
which will provide a tight, easily cleanable tank, surrounded
by an impervious non-slip material four feet in width.and
separated by a fence from any adjacent swimming pool. If
steps or ladders are provided, they shall be of a non-slip
construction. Spray pools shall be so designed to prevent
the pooling of water in the pool bottom.
(b) Water circulation System for Wading Pools: The requirements
for overflow facilities, inlets and outlets and recirculation
systems for wading pools, sliall be the same as those provided
for swimming pools; provided, that no recirculation system
shall be required if there is a continuous introduction of fresh,
properly treated water of suffi-cient volume to replace all the
water in the wading pool once in three hours or less. --
For any items not specifically covered in these requirements the Director
of Public Health is hereby authorized to require that all materials, methods
of construction and design features shall prove to function adequately,
effectively and without excessive maintenance and operational difficulties
before he grants approval thereof and such approval shall be based upon
th@ need for protection, health and safety of those using the facilities.
INVALIDITY CLAUSE
Should any section, paragraph, sentence, clause or phrase of this ordi-
nance be declared unconstitutional or invalid for any reason, the remainder
of said ordinance shall not be effected tliereby. In the event any of the
provisions of this ordinance are in conflict with rules and/or regulations
of the State Health Department pertaining to the sanitary design and
construction of swimming pools pursuant to S@ction 35-16.1 of the 1950
Code of Virginia, as amended, the latter regqlations shall apply.
-23-
REPEAL
All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed.
This ordinance sliall take effect ninety days from the date of this
adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
this 10 day of April 1972.
-24-
-'r@ '17
ITEM #445S
On motion by Councilman Ervin, seconded by Councilman Payne, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mavor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
City Council approved on first reading an Ordinance to amend and reordain
Section 29-3 of the City Code establishing fees for sewer connections:
ITEM #4456
On motion by Councilnian Ferrell, seconded by Councirman Ervin, and by recorded
)te as follows:
les: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice @layor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
City Council approved on first reading an Ordinance to amend and reordain
Section 37-1 of the City Code establishing fees for water connections:
I -
10
I
I
ITEM #4458
On motion by Councilman Ferrell, seconded by Vice Mayor Tebault, and by
Tecorded vote as follows:
@Yes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
,usch, F. Reid Ervin, George R. Ferrell, Clarence A. Flolland, D. Murray
(albon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent:' None
Cit Council. @pproved the following applications for tax refunds in the amount
of ;402.66.
TO. 1.1r. Dale I'Iii,,isaii City Attoriicy
l)-ite March 27 1972
FRO,ll: tir. V. A. Etlieridfc, Treisurer
BJECT: Al)l)licatityik --tor Tax Reftitids:
f-^r -cfund of tax,-s totalin
,d cerlified for payinent, as set for
A. Etheridee. Tr,2.is,ir,-r
...rax 7-oner-I
T.tx Type Ditc
.Ticket tion
Name Year Of Ta Number Pziid Base
110. aity est
ti id, Otto &
rgaret L. 71 RE 7124 678 11-30-71 12.30 .3i 12,,')l
troud,.Otf:o &
rgaret L. 70 -RE 7147 @')86 11-30-71 12.30 .51 13 43
troud, Otto &
rgaret L. 69 RE 6817 687 11-30-71 12,30 @')2 ]-.30 14.22
jfne Federal RE, 55806 672 112-02-72 P75.10 275.10
arrell, Robert P. 71 PP 25056 5499 102-22-72 0 73.08
love noolicati@nn fo'r reftitid.of 41 41
Cit,: Cl@-il@
ITEM #4459
On motion by Councilman Holland, seconded by Councilman Ferrell, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Frank A. Dusch, F. Reid Ervin, George
R. Ferrell, Clarence A. Holland, D. Murray Nialbon, J. Curtis Payne, Vice Mayor
Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes.
4ays: None
Absent: None
Abstain: Councilman Robert B. Cromwell, Jr.
City Council authorized the City Manager to sign a standard sewer agreement
with Clyde L. Collier covering 54 apartment units on Pleasure House Road.
ITEM #4460
On motion by Councilman Dusch, seconded by Councilman Holland, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Cl@irence A. liolland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays; None
Absent: None
ity Council approved an appropriation in the amolnt of $7,121. to cover the
@ity's share of the operation of the Tenpin Police Information Systems for
the calendar year 1972 and further approved the application of Federal funds
by the Southeastern Virginia Planning District Commission.
ITEM #4461
Consideration of the application of Mr. Joseph M. N ew for a certificate of
public convenience and necessity to operate twelve taxicabs in the City of
Virginia Beach was deferred for one week.
ITEM #4462
on motion by Councilman Callis, seconded by Councilman Cromwell, and by recorded
vote as follow8:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, and Mayor Donald H.
Rhodes.
Nays: Councilman Floyd E. Waterfield, Jr.
bsent: None
-it Council approved the low bid of Ford Pile Foundation, Inc. in the amount
of @66,074. for the construction of a bulkhead and riprap, as specified by the
Department of Community Services on propert), owned by the CBM Company between
2nd and 3rd Streets, Oceanfront, subject to receiving a letter of commitment
in tlie amount of $70,000. froin the Virginia National Bank on behalf of the
CBM Company to cover the amount of the bid @ind any contingencies that might
arise, not in excess of $70,000. Repayment to the CBNI Company by the City
of Virgini@i Beach is contiiigeiit upoii tl,e sale of General Obligation Bonds in
whicli repayflient lias bceji sclie(ILiled iii the @iiiiount of $50,781.2S; tliis @lmount
being based upon tlie cost per lineal foot ol- coiistructing bulkheads.
ITEM 14463
On motion by Councilman Payne, seconded by Councilman Malbon, and by recorded
ote as follows:
.,yes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mavor Earl @l. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald [i. Rhodes.
Nays: None
Absent: None
City Council adopted the following Resolution regarding the improvement of
Birdneck Road (Route 637) to be funded throilgh the IOPICS Program:
RESOLUTION
WHEREAS, the Department of Highways has indicated its willingness
to initiate the improvement of Birdneck Road (Route 637) in the City
of virginia Beach: and
WHEREAS, the contemplated improvement is urgently needed and is
in consonance with the Southeastern Regional Master Transportation
Plan and will be funded through the TOPICS Program.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That, the Department of Highways and the Federal Bureau of
Roads are hereby requested to program the acquisition of right of
way and construction of the improvement of Birdneck Road (Route 637)
from Laskin Road to its intersection with Hope Avenue. To help
expedite this project a City consultant will prepare the necessary
surveys, individual plats and road plans to meet the necessary
State requirements.
BE IT FURTHER RESOLVED, that the City of Virginia Beach does
lEreby agree to pay fifteen percent (15Y.) of all survey, planning,
right of way, and construction costs of said project, and the necessary
funds are hereby appropriated for that purpose.
AND BE IT FURTHER RESOLVED, that the City of Virginia Beach
agrees that if such project is established and virginia Beach decides
at any time not to proceed further with it, then, by this resolution,
Virginia Beach agrees to reimburse the Highway Department for 100
percent of the cost incurred for said project, up to the time of
its abandonment.
ITEM #4464
On motion by Councilman Ferrell, seconded by Councilman Payne, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
@Ialbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald 11. Rhodes.
Nays: None
Absent' None
City Council adopted the following Resolution regarding the improvement of
the Columbus Street Loop to be funded thi@ough the TOPICS Program:
AND BE IT FURTHER RESOLVED, that the City of Virginia Beach
agrees that if such project is established and virginia Beach
decides at any time not to proceed further with it, then, by this
resolution, Virginia Beach agrees to reimburse the Highway Depart-
ment 100 percent of the cost incurred for said project, up to the
time of its abandoment.
ITEM #4465
On motion by Councilman Cromwell, seconded by Councilman Waterfield, and by
recorded Vote as follows:
Ayes: Councilmen Robert H. Callis 'Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A-.- Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl Ni. 7'ebault, Floyd E. Waterfield,
r., and Mayor Donald H. Rhodes.
@4ays: None
Absent: None
City Council noted its intention to hold a closed meeting on Monday, April 17,
1972, for the purpose of discussing items permitted for discussion under the
Freedom of Information Act of the Commonwealth of Virginia.
ITEM #4466
On motion by Councilman Ferrell, seconded by Councilman Dusch, and by unanimous
ting adjourned.
onalci H. Kriocies, mayor
City of Virginia Beach,
Virginia
pril 10, 1972