MARCH 1, 1973
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"MINUTES OF THE SPECIAL MEETING
OF THE
HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
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March 1, 1973
A Special Meeting of the City Council of the City of Virginia Beach, ,-
Virginia was held in the Council Chambers of the Administration
Building, in the Borough of Princess Anne, on Thursday, Harch 1,
1973, at 7:30 pLm., in accordance with the notice herein contained
and for the purposes set forth as follows:
The Honorable Mayor
'Members of the Council
--
Gentlemen:
In accordance with the Code of the city of Virginia
Beach, Section 2-9, The Honorable Robert B. Cromwell, Jr.,
Mayor, requests that a Special Meeting of the Council of
the city of Virginia Beach be held in the Council Chambers,
Administration Building, Municipal Center, Princess Anne
Station, Virginia Beach, Virginia, at 7:30 p.m., Thursday,
March 1, 1973, for the purpose of dis~ussing the water
situation.
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COUNCILMEN PRESENT: John A. Baum
Robert H. Caliis, Jr.
Mayor Robert B. Cromwell, Jr.
Vice Mayor F. Reid Ervin
George R. Ferrell
Charles W. Gardner
D. Murray Malbon
~1 J. Curtis Payne
Donald H. Rhodes
COUNCILMEN ABSENT:
Clarence A. Holland
Floyd E. Waterfield, Jr.
NOTE: Councilman Waterfield entered the Meeting shortly after the
Roll Call - 7:40 p.m.
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ITEM #5582
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On motion. by Cqunci1man Gardner, seconded by Councilman Payne, and by
reco~ded vote as follows:
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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. Mu~ray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd
E. Waterfield, Jr.
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Nays: None
Absent: Councilman C1ar~nce A. Holland
City Council adjourned into Executive Session for the purpose of
discussing a matter permitted for discussion under the Freedom of
Information Act as adjudged by the City Attorney, due notice of
suc~ action having been made at the Regular City Council Meeting
on February 26, 1973.
ITEH #5583
On motion by Councilman Payne, seconded by Councilman Gar~ner, 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 Malbon, J. Curtis Payne, and Floyd E. Waterfield,
Jr.
Nays: None
Absent: Councilman Clarence A. Holland.
City Council adjourned the meeting at 9:15 p.m.
Richard J. Webbon, City Clerk
Robert B. Cromwell, Jr., Mayor
City of Virginia Beach,
Virginia
Special Meeting - March 1, 1973
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MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
March 5, 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 t~e Borough of Princess Anne, on Monday, March 5, 1973,
at 2:00 p.m.
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The invocation was given by the Reverend B. G. Campbell, Jr.,
Westwood Hill Baptist Church, Virginia Beach, Virginia.
Councilmen present: 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.
Councilman absent: Mayor Robert B. Cromwell, Jr.
ITEM #5584
On motion by Councilman Ferrell, seconded by Councilman Baum, 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.
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Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council approved the Minutes of the Special Meeting of March I,
1973, and the reading of said Minutes dispensed with inasmuch as each
Councilman had a copy of the subject minutes before him.
ITEfl1 # 5585
On motion by Councilman Gardner, seconded by Councilman Ferrell, 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: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council approved a correction to the Minutes of January 15, 1973,
Item number 5430--stipulation number one should read:
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"Standard site plan requirements and that concurring with
Community Services that they, Wesleyan Properties, will
not have to put in piping for the ou~fall ditch at the
Northwest corner of the property."
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ITEM #5586
Mr, Arc~ Coleman appeared on behalf of the Inlynnview Civic League,
Incorporated with petitions requesting the City of Virginia Beach to
take the necessary action to eliminate the existing dangerous traffic
congestion by widening Great Neck Road to its planned four lane con-
figuration at the earliest possible date and further requesting the
City to use Federal Revenue Sharing Funds or to appropriate whatever
monies are required to get this project underway in the early calendar=
year 1973.
City Council requested Mr. W. W. Fleming, Director of Community Services
to meet with Mr. Coleman to inform him of the action the City has taken,
to date, regarding the reconstruction of Great Neck Road.
ITEM #5587
Application of Chartered Gus Service, Inc., by John Vangol, President, for
a Chang~ of Z~nin.9.. from Limited Commercial District 1 (C-.L. 1) to General
Cornrnercial District 3 (C-G 3) and a y~_~ rer~nit to operate a bus repair center
with gasoline dispensing tanks on certain property located at the Northeast
corner of Northampton Boulevard and Burton Road, running a distance of
146.91 feet along the Southern prop2rtyl ine of \,'frich 71.91 feet is the
North side of Northampton Boulevard, running a distance of 931.71 feet along
the Western property line of i'Jhich 181.71 feet is the East side of Burton
Road, running a distance of 233.57 feet along the Northern property line
and running a distance of 908.1 feet along the Eastern property line. Said
parcel contains 3.8 acres. (Burton Station Area). BAYSIDE BOROUGH.
Planning Commission Recommendation:
A motion by the Planning Corrnnission It/as prtssed for arproval of a change of
zoning and use permit as requested. Said motion is subject to the following
stipulations:
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1. City \tlater and sewer. (Health)
2. Dedication of right of way 30 feet from the center line of the exist-
ing 30-foot right of way along Burton Road. (Real Estate)
3. Standard site plan requirements to incl ude paved park'ing with protective
curbs (CG-2) shall be provided on site. Standard pavement \t/idening, curb and
gutter, sidewalk, and storm drains shall be constructed along Burton Road.
(Engineering)
4. T\rJ(~lve fCl:t of ravement \'!'idcning, CU:"ii and 0l!tt':i", sic!i.Hii,lk 2.nd
storm drains as ,necessary shall be reqll"irh! dlollSJ r:orLll2lilpton E')u'lc~vi.1rd.
(Enginr~cring)
5. J\ccess to th'i:; site Shill I be fro::1 [:!;,'!:CI1 1(,(1;;,d only. (l,~iTinc'ct'ing)
6. Storage or bu;)os s!vtll ['C r(~stric l(' 1 LO rC'ar (l~ ;';\"ODOSC;C s';te to
insure i1c1f'quatc l'ine of sight ot the 'intci"soc;-ion of [lUl"::on Road and
Northampton BoulevJrd. (PlctnninSj)
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Mr., Hammond appeared on hehal f of the appl icant.
Mr'. A. L. Richards appeared on behalf of several residents in the
subject area regarding the drainage problem.
Mr. Floyd, a resident from the subject area, appeared before Council
regarding the drainage problem.
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Councilman Baum made a motion, which was seconded by Councilman
Gardner, to approved the above application of Chartered Bus Service,
Inc. for a Change of Zoning from C-L 1 to C-G 3 and a Use Permit to
operate a bus repair center with gasoline dispensing tanks on certain
property located at the Northeast corner of Northampton Boulevard and
Burton Road; subject to the six stipulations recommended by the
Planning Commission and further subject to the two additional stipu-
lations as follows:
(7.) The applicant must provide a grease-trap, catchment basin
located on the site.
(8.) The cost of additional culverts beneath Northampton Boulevard
be borne by the applicant.
Councilman Baum amended his motion, which amendment was seconded
by Councilman Gardner, to modify stipulation number eight to read
"The applicant will be required to pay his proportionate share of
the cost of additional culverts beneath Northampton Boulevard."
Recorded vote on the motion as amended was as follows:
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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: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council approved the above application of Chartered Bus Service,
Inc. for a Change of Zoning from Limited Commercial District 1 (C-L 1)
to General Commercial District 3 (C-G 3) and a Use Permit to operate a
bus repair center with gasoline dispensing tanks on certain property
located at the Northeast corner of Northampton Boulevard and Burton
Road, running a distance of 146.91 feet along the Southern property
line of which 7l.91 feet is the North side of Northampton Boulevard,
running a distance of 931.71 feet along the Western property line of
which 18l.7l feet is the East side of Burton Road, running a distance
of 233.57 feet along the Northern property line and running a distance
of 908.1 feet along the Eastern property line,. (Burton Station Area)
Bayside Borough; subject to the following stipulations:
I. City water and sewer as required by the Health Department.
2. Dedication of right of way 30 feet from the center line of the
existing 30-foot right of way along Burton Road as required by
the Real Estate Division.
3. Standard site plan requirements to include paved parking with
protective curbs (C-G 2) shall be provided on site. Standard
pavement widening, curb and gutter, sidewalk, and storm drains
shall be constructed along Burton Road as required by the
Engineering Division.
4. Twelve fe~t of pavement widening, curb and gutter, sidewalk and
storm dralns as necessary shall be required along Northampton
Boulevard as required by the Engineering Division.
5. Access to this site shall be from Burton Road only as required
by the Engineering Division.
6.. ~torage of buses shall be restricted to rear of proposed site to
~nsure adequate line of sight at the intersection of Burton Road
and Northampton Boulevard as required by the Planning Department.
7. The applicant must provide a grease-trap, catchment basin located
on the site.
8. The applicant will be required to pay his proportionate share of
the cost of additional culverts beneath Northampton Boulevard.
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ITEM #5588
Application of the City of Virginia Beach to &mend the Motel-Hotel (M-H)
District Section III F of the ~'iaster Zoning Ordinance of the City of
Virginia'Beach (Virgi~ia Beach Borough). .Morede~ailed infor~ation is
available in the Department of City Planmng, Offlce of the Clty Clerk
and the Virginia Beach Branch Library.
Planning Commission Recommendation:
A motion by the Planning Commission was ~assed for ~pproval of the r~quested
amendment to the Motel-Hotel (M-H) Distrlct of the ~Iaster Zonlng Ordlnance of
the City of Virginia Beach (Virginia Beach Borough).
Mr. Grover Wright appeared in favor of amending the Motel-Hotel eM-H)
District, Section III, F of the Master Zoning Ordinance of the City
of Virginia Beach (Virginia Beach Borough) .
Councilman Gardner made a motion, which was seconded by Councilman
Baum, to approve the above application of the City of Virginia Beach
to amend the Motel-Hotel (M-H) District, Section III, F of the Master
Zoning Ordinance of the City of Virginia Beach (Virginia Beach Borough).
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Councilman Rhodes made a substitute motion, which was seconded by
Councilman Waterfield, to have the proposed amendment apply city wide;
that is as an amendment to the Master Zoning Plan of the County of
Princess Anne as well as an amendment to the Master Zoning Plan of the
Virginia Beach Borough, both of which are presently effective in the
City of Virginia Beach.
Recorded vote on the substitute motion as follows:
Ayes: Councilmen Donald H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: 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, and J. Curtis Payne.
Absent: Mayor Robert B. Cromwell, Jr.
The substitute motion was lost.
Recorded vote on the main motion, which was moved by Councilman
Gardner and seconded by Councilman Baum, as follows:
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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, and Floyd E. Waterfield,
Jr.
Nays: Councilman Donald H. Rhodes.
Absent: Mayor Robert B. Cromwell, Jr.
City Council approved the above application of the City of Virginia
Beach to amend the Motel-Hotel (M-H) Dist~ict, Section III, F of
the Master Zoning Ordinance of the City of Virginia Beach (Virginia
Beach Borough) as follows:
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ITEM #5589
Mr. Walter J. Leveridge, on behalf of the Committee of Concerned
Citizens for Conservation and Recreation, appeared before City
Council soliciting their assistance in opposing the closure of the
public right of way along the Back Bay National Wildlife Refuge
Beach.
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Mr. Edward T. Caton, III, on behalf of the Committee of Concerned
Citizens for Conservation and Recreation, presented to Council a
proposed Resolution which, if adopted, would state the City's support
of the efforts of its citizens in preserving the right of way of the
public along the beachfront in the Wildlife Refuge, and would, through
the Office of the City Attorney, initiate legal action to prevent the
closure of same.
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The following persons appeared in opposition to the closure of the
public right of way along the Back Bay National Wildlife Refuge
Beach:
Mr. Charles Gertz
Mr. Stanley Phillips
Mr. Richard Copeland
Mr. Mervil Levett
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Councilman Rhodes made a motion, which was seconded by Councilman
Gardner, to adopted the proposed Resolution with the following change
in wording:
"That the City endorse all efforts which may be necessary
to prevent the closure of the public right of way until
such time as a reasonably, convenient alternate access
route is available to property and False Cape State Park
south of the Wildlife Refuge."
and with the deletion of any reference to the City becoming party to
any legal action at present, with the understanding that after research,
if the City Attorney is of the opinion that the City could move in as
an intervenor, then such action could be taken at that time.
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Councilman Gardner made a substitute motion, which was seconded by
Councilman Ferrell, to defer for one (1) week consideration of the
proposed resolution. Recorded vote on the substitute motion as follows:
Ayes: Councilmen Robert H. Callis, Jr., Vice Mayor F. Reid Ervin,
George R. Ferrell, Charles W. Gardner, Clarence A. Holland, and J. Curtis
Payne.
Nays: Councilmen John A. Baum, D. Murray Malbon, Donald H. Rhodes,
and Floyd E. Waterfield, Jr.
Absent: Mayor Robert B. Cromwell, Jr.
City Council deferred for one (1) week consideration of the proposed
resolution presented by Mr. Caton on behalf of the Committee of Concerned
Citizens for Conservation and Recreation.
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III
AN ORDINA1~CE TO AHEND AND REOP-DAIN
THE l'10TEL-HOTEL (H-T-I) DISTRICT, SECTION
III, PARAGRAPH F OF THE HASTER ZONING
ORDINANCE OF THE CITI OF VIrGINIA
BEACH (BEACH BOROUGa)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
--,' VIRGINIA:
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M-H DISTRICT: MOTEL-HOTEL DISTRICT
Use Regulations: In any H-H Hotel.'Hotel District, no building or
structure shall be erected, altered, enlarged or used and no land shall
be used. except for (a) any of thos= uses permitted in the R-3 t1ultiple
Family Residence District other than couvalescent homes, nursing homes,
professional offices and. home occupations which are hereby prohibited,
and (b) (1) hotels, inns, motels, motoJ:'-hote1s, motor-courts, boarding
houses, lodging houses, tourist camps, touri.st llOil1eS, ordinaries and.
each and every other similar establishment, by whatever name kno'~,
offering lodging or sleeping accommodations to transiE'nt guests for pay,
hereinafter all severally referred to as nHotel:3, and (2) retail business-'
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es, including restaurant, snack bars and men's a~d women's ready-to-wear,
operated in conjunction with and as st1~)sidiary to a Hotel and catering
primarily to the guests regis tered thereat an,(i ha7:! ng no direct entrance
or exit to the Ocean Front, here:Ln.afte:r refern:Cl to as "conjuncti.ve
subsidiary 1"etai1 business uses. n Prov:Liec1, hm'JE'ilEr, that a use permit
in accordance with the provisions of Section !V shall be obtained for
each and every of the foregoing permittEd uses and for each and every
enlargement thereof, except that 8. use peF;u..t shall not be require6 for
single family residences, duplexes and J8Ta[S ~partments and provided,
further, that in any H-H Motel-Hotel ;)iJtdct, tlotE'ls, on the one hand,
and apartment houses and semi-det,:lChed ?~e8ick'1.ccs for 3 or more family
or d'liJelling units, ~'7il.€the:r in one or
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more E1U.l.tJ j), e
uni.t structures,
hereinafter severally referred to as '~paKt~pnts i, on the other hand,
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shall be subject to the follmving res[lcct:l.n-; area regulations and
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minimum off-street par1dng requireme'lts ra':.:her than those set forth in
~ , d fo 1.' ,...,.
any or toe preceln3 c'lstrlct regUl.atlons.
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HOTELS:
Area regulations for:
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6000 sq. ft. plus
an additional 250
81. ft. for each
unit over 12
Minimum Dwelling Unit
Requirements
190 sq. ft. of enclosed
living area (inside di-
mensions) per un:it, in-
cluding all closets and
baths, unlEss the unit
contains kitchen facil-
. t. .. 'I II h t
1 les, 1n WGle eV2J
300 sq. ft. per unit are
required, including all
closets, baths, a~d
kitchen facilities.
Maximum Dwelling Unit
Requirements
Less than 500 sq. ft. of
enclosed living area
(Inside dimensions) per
unit, including all
closets, kitchen facili-
ties and baths.
Minimum Lot Size
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The foregoing maximu.m dltJelling unit requirements for Hotels do not
h. b' h 1 . f 1" ' 1 . t- .. '""('0 ft
pro 1 lt t e actua constructlon 0_ ~ote_ unl_S Wltn JJ sq. . or
more of enclosed living area; however, ~uch a unit for the purpose of
the area regulations and. minimum off-.st:ceet parking requirements of the
M-H District shall be considered an ap8.:rt'TIent 'u.nit.
APARTMENTS
Area regulations for:
Minimum Lot Size
J:1inimum D:-Jelling Unit Requirements
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6000 sq. ft. plus an additional
700 sq. ft. for each unit over 5.
Sf 0 sq. ft. or more of enclosed
living areA (inside dimensions) per
~oi~,.i~cluding all closets, kitchen
~caCJ1J..tH::S and baths.
In the event that in ~ny particular multiple-unit structure or
structures, existing or proposed, there are some dVJelling units that
contain less than 500 sq. ft. of enclosEd living area and some that
contain 500 sq. ft. or more of enclosed living area, then in order to
d.etermine which of the 2 foregoing respective area regulations apply,
i. e., Hotel or Apartment, the average ch-.elling unit size shall, for
such purposes, control as determinerl by dividing the total square feet
of enclosed living area in all unit.s :~y t!,"'!,e ll,um1:el.: of units, e.g., if
there are 75 units at 650 sq. ft. and ?5 units at 350 sq. ft., the
average unit is 575 sq. ft. and the Apartment area regulations and
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minimum off-street parking requiremen,ts shall qpply.
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MINIMUM PARKING REQUIREl1ENTS FOR HOTELS
AND APARTHENTS
A minimum of one off-street parking space shall be provided for
each Hotel or Apartment unit and, in the event of conjunctive subsid.-
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iary retail business uses, additional off-street parking shall be
provided at the ratio of one square foot of parking area for each
square foot of building area devoted to ~llch conjunctive subsidiary
retail business use. Parking spaces shall he' a.t least 18' x 9', and.
in the event the Apartment area regulations apply, the minimum parking
space ratio shall be one (1) space per unit plus an additional one-half
(1/2) space for each bedroom in excess of two (2) for each unit having
more than two bedrooms.
Hinimum aisle widths shall be reqi.!i1:ed Cor parking areas and.
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shall be according to the follo~ving table:
Parking Angle
(in degrees)
0- ':,ll. degrees
45-59 degrees
60-69 degrees
70-79 degrees
80-89 degrees
90 degrees
Aisle l,lidth
(In feet)
12 fee t
13.5 feet
13.5 feet
19.5 feet
21 feet
22 feet
This ordinanc,e shall be effective fro:1) date of its adoption.
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AN ORDINANCE AUTHORIZING THE CONVEYANCE
OF CERTAIN PROPERTY KNOWN AS PARCEL "B"
BEING CITY OWNED PROPERTY IN RUDEE BASIN
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH:
Whereas the following described property was acquired by the
City of Virginia Beach and in the opinion of the City Council is
now excess of the needs of the City; and
Whereas it is now considered suitable to dispose of this
property.
NOW THEREFORE BE IT ORDAINED BY THF. COUNCn. OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is authorized to convey the following
property:
All those certain lots, pieces or parcels of land,
lying, situate and being in the City of Virginia
Beach, Virginia, and being known, numbered and des-
ignated as Lots Fourteen (14), Fifteen (15) and the
Western one-half of Sixteen (16) in Block Nineteen
(19), all as appear on the map of Shore Acres, prop-
erty of Shore Acres, Incorporated, dated September,
1925, made by John M. Baldwin, C. E., which map is
duly recorded in the Clerk's Office, Circuit Court,
City of Virginia Beach, Virginia, in Map Book 7, at
Page 137; and also, Lots Four (4) and Five (5) and the
Eastern Fifteen feet of Lot Three (3) in Block Eighteen
(18), and Lots One (1) through Nine (9), Lots Eleven
(11) and Thirteen (13) in Block Nineteen (19), all as
appear on the map of Shadow Lawn Heights, Property of
Virginia Florida Development Corporation, dated April!
1924, made by John M. Baldwin, C. E., which map is du y
recorded in the Clerk's Office, Circuit Court, City of
Virginia Beach, Virginia, in Map Book 7, at Page 14,
reference to said plats is hereby made for a more par-
ticular description of said parcels.
IT BEING a portion of the same property conveyed to the
City of Virginia Beach, Virginia! by deed of the Rudee
Inlet Authority, dated November ,1966, and duly re-
corded in the Clerk's Office, Circuit Court, City of
Virginia Beach, Virginia, in Deed Book 989, at Page 39.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the -5':1!J- day of March, 1973.
III
1 1 ClVI, 1t;):> '.:J .)
On motion by Councilman Gardner, seconded by Councilman Payne, 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: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council a~proved the following applications for tax refunds in
the amount of $333.50:
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TO~ 'Hr, Dale nim50n
City At torney
I~RON: !lr, V. A. Etheridge, 'l'rC:lSUl"l'X
:!e f~l!c~.!inr; :!rpi~c~ticn:l fer l'r.'!'und of t.~XC3 tot'-11itlg 0 333.50
";;'ld certUied for paYlncnt, as set forth bclo~,: :::::A/ . /.,
, / J ( {,~ ...:!1t:"'::A.k ),(/"
Ii O~: ({'" .~ -::-;-;::~ "7.
'f)xl7 ~:!{on",!,-I I
TnxTypc '.Ticket tion Dn~c
Name Year of Ta:. Number N Pald
o.
:=;a ECT: Applicntiuu ~,Cor Tax Refullus:
.
Hcrl4.ard Jernigan, k. .197 CD
,
L. James Austad '1973. CD
D. Elmer Mize 1973 CD
Thomas C. Akers'. 1973 CD
Ks: ''"''I'''cyn E. Busch 1973 CD
H. . Blanks 1973 CD
FJ ~'i:ante P. S8Ill e. 7~ CD I
D. .Papadopou1os 1973 CD'
H('~a't'd E. Drawdy 1973 CD
C. G. Sakis 19731 CD "
Wi Lliam L. Bush 1973 CD I
PC> ~uoson Leasing 119731 CD J
Kc l~,tte Ritter' 1973 CD
W. D. ,Frierson , 1973 .~D
T. R. Brennaman 19731 CD
Sp )ke Real ty Co .1973 CD
C. A. Guthrie, Jr. 1973 CD
Ff,:1: National Bk. 1973 CD
J( In Mark Serre 1973 CD
L< lis Capps 1973' CD I
PE 11 Krugl 1973 '1 CD !
J( 'ieph Koe1enbec~ 19ij , C~ . i
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'0.. C 4Polfcnt'nn!; fnl' ref.unct .of
. ~. j/2"10:.~ // /?
8307
26297
57007
48718
64639
12332
14562-1
61263
52635
47046
8191
69456
14326
63532
50047
68106
64811
61573
67587
24937 I
11406 !
TR5517 I
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t:1x,.t;
~!'!lr.\V,..t ,
OM,. February 21, 1973
.
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2/1/73 15.00
1/17/73 15.00
1/30/73 15.00
1/17/73 15.00
1/15/73 15.00
1/16/73 15.00
1/17/73 30.00
1/4/73 15.00
1/29/73 15.00
1/16/73 15.00
2/6/73 115.00 '.
'11/29/73 1115.00 I'
1/17/7fj 15.00
11/12/73 115000 I
1/22/73 15.00
1/23/73 15.00
.11/15/~3 115.00 I
1/5/7.) l5.0D
1/23/73' 15.00
I 1 / 31 / 73 I 15. 00 " I
! 1/12/73 .! 15.00 ! !
.. i 1/24/73' i 3.50 "J I
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563
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15.00
15.00
15.00
15.00
15.00'
30.00
15.00
15.00
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i 15.00
I 15.00
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15.00
15.00
15.00
15.00
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15.00
15.00
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ITEM #5594
.On motion by Councilman Waterfield, seconded by Councilman Baum, 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.
...1
Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council deferred for one (I) week consideration of the request of
G. G. Ingram for permission to move a one-story frame residence,
20' x 32', from 728 Woodstock Road, Kempsville Borough, to a parcel of
2.47 acres, Charity, extension of Shipps Cabin Road, Pungo Borough.
'""'I
ITEM #5595
City Council deferred for one week consideration of the appointment of
two members of Council to the Tidewater Transportation District
Commission.
ITEM #5596
On motion by Councilman Payne, seconded by Councilman Ferrell, 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: None
'''''''I''
Absent: Mayor Robert B. Cromwell, Jr.
At the request of Fire Chief E. B. Bayne, City Council approved the
transfer of $2,650 from the Virginia Beach Special Revenue Reserve
for Contingencies to Virginia Beach Special Revenue Code 9021-618,
Replacement of Radio Receivers.
ITEM #5597
On motion by Councilman Gardner, seconded by Councilman Malbon, 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: None
'''1 '
Absent: Mayor Robert B. Cromwell, Jr.
Mr. E. S. Clay, III, Library Director, has received a check for
$14,972 from the Division of State Planning and Community Affairs to
fund PROJECT ~~INSTREAM, which is a pilot program under which the
handicapped will be hired to expand library services to the handicapped.
Therefore, City Council approved a transfer in the amount of $12,972
into Library Account 12010-170, and a transfer of $2,000 into Account
12010-220 to initiate this project.
..I
i II ,II
ITEM #5590
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, J. Curtis Payne, Donald H. Rhodes, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
'-1
City Council approved on second reading the following Ordinance per-
.",1 taining to Revenue Sharing for 1972:
AN ORDINANCE MAKING APPROPRIATIONS
OF FEDERAL REVENUE SHARING FOR 1972
IN THE SUM OF $3,765,000 AND REGULATING
THE PAYMENT OF MONEY OUT OF THE CITY
TREASURY.
WHEREAS, the City Manager has heretofore submitted to Council
a budget for the City for the expenditure of federal revenue sharing
funds for 1912 and it is necessary to appropriate sufficient funds to
cover said budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
,-,
Section 1. That the amounts herein aggregating Three Million
Seven Hundred Sixty-five Thousand Dollars ($3,765,000.00), or so
.,.1
much thereof as may be necessary, are hereby appropriated as herein-
after set forth for the specially designated funds of the City
government and for the purposes hereafter mentioned, as follows:
'''''
j" I
ENVIRONMENTAL PROTECTION -($1,235,150)
Sewer Installation: - (1,015,500)
(6-6) Lynnhaven Shores (L)
(6-9) Beach Borough Gravity (VB)
(6-10) Seatack, Brownie Park, Atlantic Park (L)
(6-18) Pecan Gardens (PA) 68,000
(6-19) Parliament Drive (K)
(6-23) Jackfrost Road (B)
(6-24) Queen City (K)
(6-32) Kempsville Heights (K)
(6-39) N. Virginia Beach (Plans & Specs) (VB)
(3-17) Rest Rooms - Refuse
10-Ton Garbage Packers (4)
Wetlands Classification Study
Basic Drainage Study
JiEVENUE SHARING - 1972
PUBLIC SAFETY ($675,000
(3-6) Fire Station - Oceana (L)
(3-8) Fire Station - College Park (K)
--I
'-1
LIBRARIES - ($66,500)
Expand Book Collection
Bookmobile (Partial)
RECREATION - ($50,000)
(4-9) Princess Anne Park (PA)
TRANSPORTATION - ($1,738,000)
Highways:
(2-4) S. Lynnhaven Relocated (L-PA)
(2-8) Providence Rdo (1-64 to Kemps~) (K)
TRANSPORTATION (continued)
(2-23 & 24) Newtown Rd. II & III (Plans & Specs)
(2-25) N. Plaza Trail (Plans & Specs) (L)
(2-26) Providence Rd. (to Military Highway) (K)
(2-28) Baker Rd. (Plans & Specs) (B)
(2-32) First Colonial Rd. (L)
(2-35) Wo1fsnare Rd. (Plans & Specs) (L)
(2-41) Old Donation (Great Neck - East) (L)
Boardwalk Repairs (VB)
".1
, I 'I
First
Period
1-1-72
6-30-72 '
338,000
Second
Period
7-1-72
12-31-72
337,000
15,500
160,000
250,000
150,000
110,000
92,000
75,000
25,000
95,000
110,000
10,000
75,000
50,500
16,000
50,000
400,000
400,000
(B) 80,000
55,000
348,000
12,000
200,000
18,000
150,000
75,000
$ 1,882,500 $ 1,882,500
Section 2. That if any part or parts, section or sections, sentences,
clause or phrase of this ordinance is for any reason declared to be
unconstitutional or invalid, such decision shall not affect the validity
of the remaining portions of this ordinance.
Section 3. That this ordinance shall be in effect from and after
the date of its adoption.
'''''I
First Reading: ~v(,~f 1/(, /113
Second Reading: 1~.Jv 6; /173
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 5"1t day of ~il-<'W , 1973.
.,.. :
,I ,II
.l .l DIV! IT:J:J ':J 1.
On motion by Councilman Rhodes, seconded by Councilman Malbon, 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.
."""1
Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council approved on second reading the following Ordinance to
amend and reordain Section 20-42 of the City Code pertaining to
contract~service businesses:
AN ORDINANCE TO Ar'~END AND REO;:;,:JAIN SECTION
20-42 OF TRE CODE OF T1-IE CITY OF 'iIIPGINIA
BEACH RELATING TC' CONTPACT-SERVICE TjTJSINESSES
Requested hy: Commissioner of the Revenue
BE IT ORDAINED 3Y THE COUNCIL OF T'-IB CITY OF VIRGINIA BEACH:
Section 20-42 Contract-Service Businesses
Subject to the provisions of section 53-2S', Code of Virginia,
every person engaged in any of the contracting-service businesses set
out in this section shall pay an annual license tax equal to $50.00
and 17/100ths of one percent of the gl'OSS recEipts, as defined in
Section 58-297, Code of Virginia, in excess of $5,000.00 in such
if_I
business during the preceding calendar yeB~.
The contract-service businesses referred to in the first paragraph
of this section are as follows:
'.'1
1. General Building Contractors
2. Higi"l'tqay and Street Cons true tion
3. Heavy Construction
4. Special Trade Contractors:
a. Plumbing, Heating and ALr-Co'l.ditio.1ing
b. Painting, Paper Hanging ~nd Decorating
c. Electrical
d. Masonry, Stone Setting an~ other
e. Stonework
f. Pl t' 11th'
_as erlog ane ~a .,lng
g. Terrazzo, Tile, Harb 10 a.n::' Hosaic Perk
h. Carpentering
i. Floor laying and other Floorwork
j. Roofing and. Sheet 'oJ.etal Fod,
k. Concrete Work
1. Structural Steel Erection
m. OrnaDental Metal Work
n. Glass and Glazing Hark
o. Excavating and Foundation Hork
p. Wrecking and Demoli tion '}crl{
q. Miscellaneous special trade contractors, not
else~'I7here classified. The S>"l.!:"ldarc1 Industrial
Cl .,.. . G' 1 J ..,." b
, aSS1Ilcatlon ~11ce, ,atest cd1tlon, 15 here y
incorporated by :refe~cence Eo:;: classification
purposes.
,- . .----~- ._---
1,1 'II
This ordinance shall be effE'ctive May 1, 197:.
First rea.ding: '~ -alt. ~'11.3
Second reading: ,~ j-:} 11 J 3
Adopted by the Council of the City of Virginia Bea.ch, Virginia
d
on the S -- day of 7t~~ , 1973.
ITEM #5592
"""""I
On motion by Councilman Payne, 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: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council approved the following Ordinance authorizing the conveyance
of certain property known as Parcel "B" being City owned property at
Rudee Basin:
'~I
_-"I
,j; I
, ,I "I
ITEM #5598
On motion by Councilman Ferrell, 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 Ma1bon, J. Curtis Payne, Donald H. Rhodes, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
""'-1
City Council authorized the City Manager to enter into a standard
J three-part sewer agreement among the City of Virginia Beach, Princess
Anne Utilities and the developers of Kings Grant West, concerning the
ownership and operation of the public sewage disposal system and
pumping station.
ITEH #5599
Mrs. P. A. Schaffer and Girl Scout Troop 484 appeared before City
Council with petitions requesting the Princess Theater to show more
"G.P." movies in lieu of x-rated films.
ITEM #5600
Mr. Thomas Lyons, on behalf of the Innkeepers Association, and Mr.
Grover Wright appeared before City Council requesting the adoption
of an Ordinance to amend and reordain Chapter 35A of the Code of the
City of Virginia Beach relative to regulating the advertising of rates
charged for public lodging accomodations by requiring advertising
with equal prominence additional. information as to accommodations
furnished for the rates advertised and prohibiting deceptive advertis-
ing and to repeal Ordinance No. 390.
'-1
, I
On motion by Councilman Gardner, seconded by Councilman Payne, 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: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council adopted the following Ordinance to amend and reordain
Chapter 35A of the Code of the City of Virginia Beach, Virginia, by
adding Section 35A-4.l relating to regulating the advertising of rates
charged for public lodging accommodations by requiring advertising with
equal prominence additional information as to accommodations furnished
for the rates advertised and prohibiting deceptive advertising and to
repeal ordinance Number 390:
.....'1
._ I
I I
AN o;:Tn~J,'l,J;:CE '~'O A),1END AND RECR.DAF~ CI'IA.PTET~ 35A
OF T'-iT~ CODE OF 'ITiE CIT'.' CF VIJ\.GLHA BE.:\CI,
VT'I) " ~ '1]' " i<,u "\ :") '-)I~" ":' C' "cf"T'-r (''-"i 'i ~!., -- t., 1 l~FI /- >C-, }'''I\I r' TO
......_'.\\...i J.i~ " :-r.J. .~ L/_ "','--' ,_)J.....\.J..L R_ J~... ~..:..l. '. ........ ~_"\.L ,'l~"" ....
RE(-;:t~I.J1-\TII:~G T' 1: !.\-)1'lEi1'TTS Ii\YG (jT' I~A]~F~S CFfl\l~(~I~I) FOR
P U~3 T.J I(~ LOT)(; TI\~' (~ c\CC O:,..'J"l();),\rr I O?-~S ;3'1 1\.E(~U IR I~~ G
l\D\ll::t~lrIS I>1G TA1Irr1l EQUi\J., }?~"~C)>II~\J:F:i~C~f~ l\DDITIO:\ri\I~
I;~:?i)rZ.>L\.'rI(~>J L~S 'TO AJ:(~()>L.;())Ji-\'rIC;i\JS Fel~l'~IS1-I~~TJ FOR
111-iE B...\r.cES 1\'r)\7]~p\.1>'ISE~D JL\l.,J':) PI)\.OI-IIr, rrL1Il'JG TJECSP"TrVE
ADVERTISING AI'iT) TO REPEAL ORDINAI<CE Nm'illEn. 3S'O
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Section 1. Except in those instances where the same rates apply
to all units, apartments and rooms in the est~blishment at all times,
without regard to seasons, no person shall display or cause to be dis-
played in the City any sign or signs \vhicl1 may be Seen fro:fl a public
highway or street, which sign or signs include in ~ollars and/or cents
a statement relating to the rates cllarged for lodging Dccommod,nt1ons at
a r00:11:Ll1g bouse, lodging house, motel or hotel, unless ,such sign or Dip::,
inc lude 1n letters and fi gures of s :Lmi lar s i;;:o and. promil.1el.l.c(,~ Ute
following additional information:
/1 )
~..
The total number of units, apartme11ts or rcJnm.s in t:E'
establishment and the actual numoer thereof available ::or rental and
occupancy at each rate quoted.
(0)'.
1,/
\Jhet h2r the rates quoted are for .s:i ngle or mul tip 1e ciccupancy
where such fact affects the rates charged;
(3) The dates during which such rates are in effect where such
dates aEfee t the rates charged. The rates di.splayeJ all SUCtl stgn or
signs shall in each inr;tance coincJ,:.:Jc '\d,t:h the rates postc.d in the ul:d,U:
apart:;12nts a.nd reoms of t1:,o er-;tabU.Q;lm(>ot and
,. .
S I 'J (~ l1 S J. ,~::; (1 'J r s)~ b 1'1 S
shn,lJ..
not l1r:l\J\:~ thereon rate's for any ,cl,cco,i1,noJation,r; not o:~:Ecrl'd to Uk' pt:'Jlic
r:: J "'1' 1" . . - ~ '1
or any J"C'i"se, untrue, !IllS caoD1;i", ci<."ceptJ_'/c 0:( crau(iU__C:'llL
oS 'Lcltcm,?nt,
representation or information relqting to r~tes.
~~ .c .;.~; () I} :;', o!.: d';.. ,'.J.....-t tiC l:~ rlt!~T!_~=' C:: X' 3 S..J i:3 1.: C' ):'0 s:)"r rc 11:'1 ~ 1.(: d. .
An emcrgc;ncy exists and this Ordinance ~~~Clll be effective ~,):"om
thp date of passage.
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"I I
ITEM #5601
Councilman Baum presented the following letter for inclusion in the
Minutes:
*~"'L..
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~. V'V'::;...} .,~'M-J v;:S/ ;i1d t:.l:oCil, Virginia 2~>i~7
''''"'I
5 ~';i)rch 1973
Mr. Roger C. Scott
City t-.1ana0or
Municipal Center
Virginia Beach, Va.
23456
Dear Roger:
I am requesting that our State Health Department be asked to publicize
their current pol icies on issuing septic tank permits. Much confusion exists
among rural residents on this subject, and I strongly urge this agency to
make Its procedures known to the publ ic.
In the past, on wel I-drained soils, one septic tank system was al lowed
on one acre, the I imitation being that of Agricultural or R-I zoning, rather
than being set by the Health Dcpartm~nt en Imperfectly drained soi Is (not
Including marshland or swampland), septic tanks have been al lowed on parcels
with 3 acres minimum size. ~though the systems had I imitations, even
with good surface drainage, apparently the publ Ie's health was considered
reasonably wel I protected by low density bui Iding.
tf~"'1
In Blackwater, one landowner said his eight lots, I 1/2 acres each
In size, ~ad been approved for septic tanks early In 1972 and these are
not Cless jI"soils on the Soil Conservation Service's classification system.
<Tn the past, SCS sol Is mapping has been the basis for Health Department
decisions.> Others recently were told on 4 to 30 acre parcels that some
soils were unsuitable - no matter what the parcel size.
Several residents with outhouses have been denied ~eptic tank permits
when they tried to improve their properties. Others have been required to
put down a 2 foot layer of sand before installation of the septic system.
Reportedly, this practice is no longer al lowed.
Since their properties have just been appraised for tax purposes,
residents are questioning the Fair Market Value estimated on Class II I soil
types, If they have no potential as homesites.
It there are soil types on which building wi I I not be permitted, even
If 50 acres or 500 in size, then the owners should be so Informed. Potential
buyers should be warned if some parcels cannot be used as homesltes.
If you wil I relay this request for publ ic clairfication of their pol icies
to the State Health Department, It wil I be appreciated.
Sincerely,
~.'I
John A. Baum
~h :
, ,I
ITE~1 # 560 2
ori motion by Councilman Holland, seconded by Councilman Payne, and
by recorded vote as follows:'
-""1
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: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council noted its intention to hold a closed meeting on March 12,
1973, for the purposes of discussing items permitted for discussion
under the Freedom of Information Act of the Commonwealth of Virginia.
ITEH #5603
On motion by Councilman Rhodes, seconded by Councilman Holland, and by
unanimous vote, the meeting adjourned.
Robert B. Cromwell, Jr., Mayor
City of Virginia Beach,
Virginia
March 5, 1973
tf4l'!"l
if I
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