HomeMy WebLinkAboutSEPTEMBER 17, 1973
MINUTES OF THE HONORABLI: CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACII, VIRGINIA
September 17, 1973
The regular meeting of the Council of the City of Virginia Beach,
Virginia was held in the Council Chambers in the Administration
Building in the Borough of Princess Anne, on Monday, September 17,
1973, at 2:00 p.m.
The invocation was given by the Reverend Jack Gibbert, Haygood Church
of Christ, Virginia Beach, Virginia.
Councilmen present: John A. Baum, Mayor Robert B. Cromwell, George
R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon,
J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr.
Councilmen absent: Robert H. Callis, Jr. and Vice Mayor F. Reid
Ervin.
ITEM #6339
On motion by Councilman Ferrell, secoiide(i by Councilman Payne, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., George
R. Ferrell, Charles W. Gardner, Clarerice A. Holland, D. Murray Malbon,
J. Curtis Payne, Donald Ii. Rhodes, aiid l@loyd E. Waterfield, Jr.
Nays: None
Absent: Robert H. Callis, Jr. and Vice Nlayor F. Reid Ervin
City Council approved the Minutes of the Regular Meeting of
September 10, 1973, and the reading of said Minutes dispensed
with inasmuch as each Councilman had a copy of the subject Minutes
before him.
ITEM #6340
Application of Swim World of Tidewater by Owen B. Pickett. Attorney, for a
Chanqe of Zoninq from Residence Suburban District 4 (R-S 4) with a Motel and
Tour-ist-TT-@suppiement to Limited Commercial District 3 (C-L 3) on certain
Property beginning at a point 1100 feet more or less East of North Greenwell
Road, and runnidg a distance of 153.20 feet along the North side of Shore
Drive, running a distance of 510 feet along the Eastern property line, running
a distance of 108.53 feet along the Northern property line (Lake Joyce), and
running a distance of 530 feet along the Western property line. Said parcel
contains 1.560 acres. (Shore Drive Estates Area). BAYSIDE BOROUGH.
Planning Commission Recommendatign:
A motion by the Planning Commission was passed for denial of this request as the
proposed change of zoning is in conflict with the Bayfront Development Plan that
reflects a low residential land use of the area.
On motion by Councilman Holland, seconded by Councilman Malbon, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr.,
George R. Forrell, Charles W. Gardner, Clarence A. Holland, D.
Murray Malbon, J. Curtis Payne, Donald 11. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilmen Robert Ii. Callis, Jr. and Vice Mayor F. Reid
Ervin
City Council approved the above application of Swim World of Tide-
water by Owen B. Pickett, Attorney, for a ChanRe of Zoning from
Residence Suburban District 4 (R-S 4) with-a M@tel and To-urist
(T-1) Supplement to Limited Commercial District 3 (C-L 3) on certain
property beginning at a point 1100 feet more or less East of Green-
well Road, and running a distance of lS3.20 feet along the North
side of Shore Drive, running a distance of SIO feet along the
Eastern property line, running a distance of 108.S3 feet along
the Northern property line (Lake Joyce), and running a distance
of 530 feet along the Western property line. Said parcel contains
l.S60 acres. (Shore Drive Estates Area). Bayside Borough. Approval
is subject to the following stipulatiolis:
1. Rezone the 153.20 feet along the North side of Shore
Drive to C-L 3 for a depth of 200 feet northerly from
Shore Drive. Upon proper two weeks notice the remaining
portion of the described property will be zoned
agricultural with no development below the fourteen
foot contour.
2. Standard site plan requirements to include curb and
gutter, sidewalks, twelve foot pavement widening and
storm draiiis as required along Shore Drive. (Engineering)
3. A dedicatioii of right of way 80 feet fron the centerline
of the existing 100 foot right of way along the lS3.20
more or less frontage on Shore Drive (a 30-foot dedication).
(Real Estate)
4. City water and sewer. (Healtli)
S. Development be limited to the 14 foot contour along the
rear of the property. (Planning)
'ITEM #6341
,Application Of J. 0. Baker for a Use Permit to stable two horses on certain
property located on the North sid@of No-mandy Avenue beginning at apoint
562.3 feet more or less East of Avalon Avenue, running a distance of 249.6 feet
along the North side of Nomandy Avenue, running a distance of 965.4 feet
along the Eastern property line, running a distance of 190 feet more or less
along the Northern property line (Eastern Branch of Elizabeth River) and runn-
ing a distance of 879.86 feet along the Western property line. Said parcel
is known as Part of Tract 16, Avalon Terrace and contains 4.65 acres more or
less. (Avalon Terrace Area). KEMPSVILLE BOROUGH.
Planning CorrFnission Recommendation:
A motion by the Planning Commission was passed to deny this request due to
opposition of the residents of the area.
Mr. Roger Fraley, Attorney, appeared on behalf of the applicant
Mr. J. D. Baker appeared on his own application.
Mr. Fred Wood and Mrs. Pat Kurby appeared on opposition to the
above application. Mr. Wood presented petitions signed by 51 of
the neighbors in opposition to the application.
On motion by Councilma.@ Rhodes, seconded by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr.,
George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D.
Murray Malbon,.J. Curtis Payne, Donald Ii. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilmen Robert H. Callis, Jr. and Vice Mayor F. Reid
Ervin
City Council denied the above application of J. D. Baker for a
Use Permit to stable two horses on certain property located on
the Nort@side of Normandy Av6nue beginning at a point 562.3
feet more or less East of Avalon Avenue, runtling a distance of
249.6 feet along the North side of Normandy Avenue, running a
distance of 965.4 feet along the Eastern property line, running
a distance of 190 feet more or less along the Northern property
line (Eastern Branch of Elizabeth River) and running a distance
of 879.86 feet along the Western property line. Said parcel is
known as Part of Tract 16, Avalon Terrace and contains 4.65 acres
more or less. (Avalon Terrace Area). Kempsville Borough. The
application was denied for the following reasons:
1. Property is zoned residential - R-S 3.
2. It is not a permitted use without a Use Permit
3. Opposition from the adjoining property owners and also
fiealth, safety and welfare of the neighborhood.
ITEM #6342
Apl)l ication of @me Mms. Inc for a Change of Zonina fm R"Idence
Suburban District 4 (R-S 4) to Limli;d Canrc a lstrict 3 (C-L 3) an c@ruin
prop" on tft Mst side of Somth Parliament Drive, between Sir Barton Drive
and Challed= DMve. ruming a distance of 340 feet iioie or less along the West
sidt of South PwIlMot Drive. running a distanct of 95 feet more or less along
the South side of Sir Barton Drive. running a distame of 300 feet more or less
along the Nstw" property line and running a distalice of 105 feet more or less
along the side of Challedon Drive. Said parcel c*nuins 0.74 acre more or
less. (Carolum Fam. Ser-tion Five Ares). UMVILLE BOROUGH.
Plaming Comossion Recmwndations:
A motion by the Planning Comission was pessed for denial of this request as the
proposed change of zoning is in conflict with the Kempsville Developmnt Plan
which reflects single fainily residential use of one to six dwelling units per acre
and this represenu commrcial encroachmnt into the Carolanne Subdivision and
forther. commial zoning on the residential lots may downgrade the value of
adjacent residmtially improved pmperty.
On motion by Councilman Ferrell, seconded by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Rol)ert B. Cromwell, Jr.,
George R. Ferrell, Charles W. Gardner, Clarence A. Ifolland, D.
Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilmen Robert H. Callis, Jr. and Vice Mayor F. Reid
Ervin
City Council denied the above application of Carolanne Homes, Inc.,
for a @h ngCeooflo from Residence Sut)urban District 4 (R-S 4)
to Limlt:a rc istrict 3 (C-L 3) on certain property on the
West side of South Parliament Drive, between Sir Barton Drive and
Challedon Drive, running a distance of 340 feet more or less along
the West side of South Parliament Drive, running a distance 95 feet
more or less along the South side of Sir Barton Drive, running a
distance of 300 feet more or less along the Western property line
and running a distance of 105 feet more or less along the North
side of Challedon Drive. Said parcel colitains 0.74 acres more or
less. (Carolanne Farm, Section five Area). Kempsville Borough.
The application was denied as the proposed change of zoning is in
conflict with the Kempsville Development Plan which reflects single
family residential use of one to six dwelling units per acre and this
represents commercial encroachment into the Carolanne Subdivision
and further, commercial zoning on the residential lots may downgrade
the value of adjacent residentially improved property.
ITEM #6343
Application of Carolanne East Corporation for a Use Pemit to construct a
sewaqe MVing station on certain property beginn@ng a@a'point 300 feet more
or less Northeast of the intersection of Providence Road and Charlestown Road.
Said parcel is known as a portion of Lot 10, Block Z, Fox Run, Phase 11 and is
50 feet by 75 feet. (Fox Run-Dunbarton Areas). KEMPSVILLE BOROIJGH.
Planning Comdssion Recomendations:
A motion by the Planning Commission was passed for approval of this request sub-
JeCt tO standard site plan requirements. (Engineering)
MI. "4P7@ 11-@
on motion by Councilman Rhodes, seconded by Councilman Gardner, and
by recorded vote as follows:
Ayei5i Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr.,
George.R. Ferrell, Charles W. Gardner, Clarence A. Holland, D.
Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilmen Robert H. Callis, Jr. and Vice Mayor F. Reid
Ervin.
City Council approved the above application of Carolanne East
Corporation for a Use Permit to construct a sewage pumping station
on certain property beginning at a point 300 feet more or less
Northeast of the intersection of Providence Road and Charlestown
Road. Said parcel is known as a portion of Lot 10, Block Z, Fox
Run, Phase II and is 50 feet by 75 feet. (Fox Run-Dunbarton Areas).
Kempsville Borough. Approval is subject to standard site plan
review as required by the Engineering Division.
ITEM #6344
Application of Carolanne Nmes, Inc., for a Chanqe of Zoning from Residence
Suburban District 4 (R-S 4) to Limited rcial Ulstrict 3 (C-L 3) on certain
property beginning at a point 184 feet Nwth of Princess Anne Road at the Northern
extreinity of Rondeau Court, running a distance of 188.45 feet along the Western
property line of which 43.28 feet is the boundary of Rondeau Court, running a dis-
tance of 103.34 feet along the Southern property line and running a distance of
148.28 feet along the Eastern property line and running a distance of 41.73 feet
along the Northern property line (30-foot Private Road). Said parcel is known as
Pamel H, Resubdivision of Carolanne Farm, Section Five. (Carolanne Farm, Section
Five Area). KEMPSVILLE BOROUGH.
Planning Commission Recommendations:
A motion by the Planning Commission was passed for denial of this request as the
proposed change of zoning is in conflict with the Kempsvllle Development Plan
which reflects single family residential use of one to six dwelling units per
acre and this is an unnecessary further intrusion of comercial activity into a
single family neighborhood adversely affecting the residential desirability of
the entire residentially improved cul-de-sac.
On motion by Councilman Rhodes, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr.,
G@orge 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: Councilmen Robert H. Callis, Jr. and Vice Mayor F. Reid
Ervin.
City Council denied the above application of Carolanne Homes, Inc.,
for a hange of 'o fro m Residence Suburban District 4 (R-S 4)
ial District 3 (C-L 3) on certain property beginning
to LimteU Come,,-
at a point 184 feet North of Princess Anne Road at the Northern
extremity of Rondeau Court, running a distance of 188.45 feet along
the Western property line of which 43.28 feet is the boundary of
Rondeau Court, running a distance of 103.34 feet along the Southern
property line and running a distance of 148.28 feet along the Eastern
property line and running a distance of 41.73 feet along the Northern
property line (30-foot Private Road). Said parcel is known as Parcel
H, Resubdivision of Carolanne Farm, Section Five. (Carolanne Farm,
Section Five Area). Kempsville Borough. The application was denied
as the proposed change of zoning is in conflict with the Kempsville
Development Plan which reflects single family residential use of one
to six dwelling units per acre and this is an unnecessary further
intrusion of commercial activity into a single family neighborhood
adversely affecting the residential desirability of the entire
residentiall in roved cul-de-sac
ITEM #6345
Application of Mark Gre@mpan, M. D.. for a Use Pe 11 to eonstrwt 6 apartmnt
nt
units on cwuin pmperty begiming at a PDI *et more or less West of
Pacific Avenue. running a distance of 50 feet along the North side of 16th Street,
running a distance of 140 feet along the Western property line. running a distance
of 50 feet along the Northern property line and running a distance of 140 feet
along the Eastern property line. Said parcel is known as Lot 1. Block 23, Plat
of Virginia Beach Development Company and contains 7.000 square feet. VIRGINIA
BEACH BOROUGH.
Planning Cormission Recomendations:
A mdtion by the Planning Commission was passed for approval of this request subject
to the following:
1. Modified the requested six apartnent units to two apartment units. (Planning)
2. A parking ratio of 1.5 shall be provided. (Planning)
3. Standard site plan requirements; parking area shall be provided In a
manner where cars will not be forced to back onto the street; entrance shall
not be greater than 30 feet in width. (Engineering)
4. Suggest participation in school site acquisition.
5. Recommend developer provide small green area, a minimum of 30 feet by
35 feet, for open space requirement. (Parks and Recreation)
6. Property served by city water and city sewer subject to Utilities
Enginwrls approval on the capacity of the line. (Public Utilities)
Doctbr Mal,k Grernspan appeared on his application
On motioyi by Councilman Malbon, seconded by Councilman Malbon,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr.,
George R. Ferrell, Charles W. dardner, Ciarence A. Holland, D.
Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilmen Robert H. Callis, Jr. and Vice Mayor F. Reid
Ervin
City Council approved the above application of Mark Greenspan, M. D.
for a Use Permit to construct 6 apartment units on certain property
beginn ng at a point 250 feet more or less West of Pacific Avenue,
running adistance of 50 feet along the North side of 16th Street,
running adistance of 140 feet along the Western property line,
running adistance of So feet along the Northern property line and
runiiing adistance of 140 feet along the Eastern property line. Said
parcel is known as Lot i, Block 23, Plat of Virginia Beach Development
Company and contains 7,000 square feet. Virginia Beach Borough.
Approval is subject to the following stipulations:
1. Modified the requested six apartment units to two apartment
units. (Planning)
2. A parking ratio of i.s shall be provided. (Planning)
3. Standard site plan requirements; parking area shall be
provided in a manner where cars will not be forced t, ba,k ,to
the street; entrance shall not be greater thari 30 feet in
width. (Engineering)
4. Suggest participation in schooi site acquisition.
5. Recommend developer provide small green area, a minimum
of 30 feet by So feet, for open space requirements. (Parks
and Recreation)
6. Eight inch gravity and two inch water line; probable
extension required to Arctic Avenue. (Public Utilities).
ITEM #6346
Application of ftal t. Stressberg for a Use Permit to constmict 12 tmnhouse
units an certain property beginning at a point feet West of Arctic Avenue,
running a distavice of 120 feet along the North side of 25th Street. running a
distance of 140 feet along the Western property line. running a distance of 120
feet along the Northern property line and running a distance of 140 feet along
the Eastern property line. Said parcel is known as Lots 13, 15, 17, and 19.
Block 96 and contains 16,800 square feet. VIRGINIA BEACH BOROUGH.
Planning Comdssion Recomendations-.
A motion by the Planning Commission was passed for approval of this request sub-
ject to the ftllowing:
1. Modified the requested 12 townhouse units to 10 townhouse units.
2. A parking ratio of 1.5 be established. (Planning)
3. Standard site plan requirements to include CG-2 curbing around parking
lot shall be provided; one 30-foot entrance shall be sufficient to serve this
site. (Engineering)
4. Recommd developer provide small green area, a minimum of 30 feet by
50 feet, for open space requirements. (Parks and Recreation)
5. Suggest participation in school site acquisition.
6. Eight Inch gravity and two inch water line; probable extension required
to Arctic Avenue. (Public Utilities)
Councilman Callis arrived at Council meeting at 2:35 p.m.
Mr. Nathenal J. Cohen, Attorney, representing the applicant, presented
petitions.
On motion by Councilman Callis, seconded by Councilman Malbon, and
by recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr.,
George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis
Payne, Donald H. Rhodes
Nays: Councilmen John A. Baum, Charles W. Gardner, and Floyd E.
Waterfield, Jr.
Absent: Vice-Mayor F. Reid Ervin
City Council approved the above application of Paul L. Strassberg
for a Use Permit to construct 12 townhouse units on certain property
beginn ng at a point 190 feet West of Arctic Avenue, running a
distance of 120 feet along the North side of 25th Street, running a
distance of 140 feet along the Western property line, running a
distance of 120 feet along the Northern property line and running a
distance of 140 feet along the Eastern property line. Said parcel
is known as Lots 13, 15, 17, and 19, Block 96 and contains 16,800
square feet. Virginia Beach Borough. Approval is subject to the
following stipulations:
1. Modified the requested 12 townhouse units to 10 townhouse
units.
2. A parking ratio of 1.5 be established. (Planning)
3. Standard site plan requirements to include CG-2 curbing
around parking lot shall be provided; one 30-foot entrance
shall be sufficient to serve this site. (Engineering)
4. Recommend developer provide small green area, a minimum of
30 feet by 50 feet, for open space requirements. (Parks and
Recreation)
S. Suggest participation in school site acquisition.
6. Eight inch gravity and two inch water line; probable
extension required to Arctic Avenue. (Public Utilities)
ITEM #6347
AVOliCatiOn of Albic. Inc.. for a use Pemit to opmte a p4rking lot to to us@d in
CwJunctiGR with tht SheratOn t;ssch Hotel on certain property b"lnni at & point
60 feet South of 37th Str "9
eet, running a distame of 8o feet along the West side of
Atlantic Avenue, running a distance of 100 feet along he Southern rty ne
8 t prope 11
runnirtg a'distance of feet along the Western Property line and running a distance
of 100 feet along the Northern property line. Said parcel Is known as the Southern
80 feet of Lots 6 and 7. Block 84, Virginia Beach Developwt Company and contains
8,000 square feet. VIRGINIA BEACH BOROIJGH.
Planning CwOssion Reconmndations:
A motion by the Planning Comission was passed for approval of this request subject
to the following:
1. Standard site plan requirements to include protective curbs a minimum of 2.5
feet within property. (Engineering)
2. Parking arrangemot as shown will require attendant parking. (Engineering)
Mr. Jack Tinimon appeared on the application
On niotion by Councilman Callis, seconded by CouTicilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Abserit: Vice Mayor F. lzeid Ervin
City Council approved the above application of Albic, Incorporated,
,for a Use Permit to operate a parking lot to be used in conjunction
with the S eraton Beacli Hotel on certain property beginning at a
point 60 feet South of 37tii Street, running a distance of 80 feet
aiong the West side of Atlantic Avenue, running a distance of 100
feet aiong the Southern property line, running a distance of 80
feet aiong the Western property line and running a distance of 100
feet along the Northern property line - Sa id parcel is known as the
Southern 80 feet of Lots 6 and 7, Block 84, Virginia Beach Development
Company and contains 8,000 square feet. Virginia Beach Borough.
Approval is subject to the follow.Lng stipulations:
1. Standard site plan requirements l@o include protective
curbs a minimum of 2.5 feet within property. (Engiiieering)
2. Park@ g arrangement as shown will require attendant parking.
ln
(Engineering)
ITEM #6348
Application of Albic. Inc.. for rate a parking lot in conjunc-
tion with Sheraton Beach Hotel 0 t ocated on the Northeast corner
of 35th Street and Atlantic Aven tance of 150 feet along the North
side of 35th Street, running a d along the East side of Atlantic
Avenue, running a distance of 15i rthern property line and running
a distance of 50 feet along the I ne Said parcel is known as Lot
1. Block 82, Plat No. 3 of part i inia Beach Development Company and
contains 7.500 square feet. VIR A BEAC BORO H.
-lanning Comission ReconTnendations:
motion by the Planning COmission was passed for approval of this request subject
to the following:
1. Standard site plan requirements to include protective curbs a min1mum of 2.5
feet wlthin property. (Engineering)
2. Parking arrangement as shown will require attendant parking. (Engineering)
Mr. Jack Timmon appeared on the application.
On motion by Councilman Callis, secondect by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert 11. Callis, Jr., Mayor
Robert B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Vice Mayor F. Reid Ervin
City Council approved the above application of Albic, Incorporated,
for a Use Permit to operate a parking lot in conjunction with the
Sheraton Beach Hotel on certain propert), located on the Northeast
corner of 35th Street and Atlantic Aventle, running a distance of
150 feet along the Nortli side of 35th Street, running a distance
of 50 feet along tlie East side of Atlantic Avenue, running a
distance of 150 feet along the Northern property line and running
a distance of 50 feet along the Eastern property line. Said parcel
is known as Lot 1, BlocR 82, Plat No. 3 of part of property of
Virginia Beach Development Company and k-ontains 7,SOO square feet.
Virginia Beach Borougli. Approval is sul)ject to the following
stipulations:
1. Standard site plan requireiiient.,; to include protective
curbs a minimum of 2.S feet within property. (Engineering)
2. Parking arrangement as shown will require attentant parking.
(Engineering)
ITEM #6341,
Application of Riparian Investment Association for a Use Pervit to construct
48 additional motel units and a parking lot on certain property located at
Atlantic Avenue and 39th Street.
Parcel 1: Use Pemit to construct 48 additional motel units: On certain property
lDcated at the Southeast corner of Atlantic Avenue and 39th Street, running a dis-
tance of 150 feet along the East side of Atlantic Avenue, running a distance of 150
feet along ttte South side of 39th Street, running a distance of 150 feet along the
Eastern property line and running a distance of 150 feet along the Southern property
line. Said parcel contains 22.500 square feet.
Parcel 2: Use Pemit to operate a parking lot In conjunction with the mdtel: On
certain property beginning at a point 95 feet West of Atlantic Avenue, running a
distance of 105 feet along the North side of 39th Street, running a distance of 140
feet along the Western property line. running a distance of 105 feet along the
Northern property line and running a distance of 140 feet along the Eastern pro-
perty line. Said parcel contains 14.700 square feet. VIRGINIA BEACH BOROTJGH.
Planning Comission Recomendations:
A motion by the Planning Comission was passed for approval of this request subject
to the following:
1. Parking lot (Parcel 2) shall be limited to occupants of motel. (Planning)
2. Standard site plan requirements to include:
a. improvement of alley running betwl-en Atlantic Avenue and Pacific
Avenue in accordance with City standard section; this includes curb along the
alley-,
b. Standard protective (CG-2) concrete curbing shall be provided 2.5 feet
within the property at the perimeter of the parking lot. (Engineering)
3. Deleted City standard boardwalk from south property line to northern side
of 39th Street as said boardwalk was previously deleted on a prior application.
4. Water and sewer line fees required. (Public ljtilities)
5. Deleted Parks and Recreation requireinent of tennis court or handball court.
Mr. Grover C. Wright, Attorney, represented the applicant.
On motion by Councilman Callis, seconded by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert Ii. Callis, Jr., Mayor
Robert B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Vice Mayor F. Reid Ervin
City Council approved tlie above application of Riparian Investment
Association for a Use Permit to construct 40 additional motel units
and a parking lot on certai.n property located at Atlantic Avenue
and 39th Street.
Parcel 1: Use Permit to construct 40 additional motel units: On
certain property located at the Southeast corner of Atlantic Avenue
and 39th Street, running a distance of ISO feet along the East side
of Atlantic Avenue, running a distance of 150 feet along the South
side of 39th Street, running a distance of 150 feet along the Eastern
property line and running a distance of 150 feet along the Soutliern
property line. Said parcel contains 22,500 square feet.
Parcel 2: Use Permit to operate a parking lot in conjunction with
the motel: On certain property beginning at a point 95 feet West
of Atlantic Avenue, running a distance of 10S feet along the North
side of 39th Street, ruriiiing a distance of 140 feet along the
Western@ip,roperty line, running a distance of 105 feet along the
Northern property line and running a distance of 140 feet along the
Eastern property line. Said parcel contains 14,700 square feet.
Virginia Beach Borougli. Approval is stibject to the following
stipulations:
1. Parking lot (Parcel 2) shall be limited to occupants of
motel. (Planning)
2. Standard site plail requirements to include:
a. improvement to alley running between Atlantic Avenue and
Pacific Avenue in accordance with City standard section; this
includes curb along the alley;
b. Standard protective (CG-2) concrete curbing shall be
provided 2.5 feet within the property at the perimeter of
the parking lot. (Engineering)
3. Deleted City standard boardwalk from south property line
to northern side of 39th Street as said boardwalk was
previously deleted on a prior application.
4. Water and sewer line fees required. (Public Utilities)
S. Deleted Parks and Recreation requirement of tennis court
or handball court.
ITEM #6350
AppliC&tton of Chartered Bus Service for a Chlknot of Zonlnq from Limited cial
District I (C-L 1) to General COmmrcial District T-(r-" and a Use Pemit to ex-
tend an existing use pemit for a bus teminal, parking and repai@cen er w th
gasoline dispensing tanks to include the property beginning at a point 44.01 feet
East of Burton Road and beginning at a point 275 feet more or less North of 14orth-
ampton Boulevard, running a distance of 76 feet along the Southern property line,
running a distance of 275 feet along the Eastern property line, running a distance
of 75 feet along the Northern property line and running a distance of 275 feet along
the Western property line. Said parcel contains 0.48 acres. (Burton Station Area).
BAYSIDE BOROUGH.
Planning Comission Recommendations:
A mdtion by the Planning Commission was passed for approval of this request subject
to the following:
1. Standard site plan requirements (En ineering)
2. Water and sewer line fees requi@ed. ?Public Utilities)
3. City water and sewer. (Health)
Mr. R. C. Hammond appeared on behalf
Chartered Bus Service. of Mr. Vangol, President of
On motion by Councilman Holland, seconded by Councilyian Rhodes, and
by recorded vote as follows:
Ayes. Councilmen John A. Baum, Robert ii. Callis, Jr., Mayor
Robert B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr,
Nays: None
Absent: Vice Mayor F. IZeid Ervin
City Council approved tlie above application of Chartered Bus Service
for a Change of Zoning from Limited Commercial District 1 (C-L 1) to
Genera Commercial District 3 (C-G 3) and a Use Permit to extend an
existing use permit for a bus terminal, parking an repair center with
gasoline dispensing;;tanks to include the property beginning at a point
44.01 feet East of @urton Road and beginning at a point 27S feet more
or less North of Northampton Boulevard, running a distance of 75 feet
along the Southern property line, running a distance of 27S feet along
the Eastern property line, running a distance of 75 feet along the
Northern property line and running a distance of 275 feet along the
Western property line. Said parcel contains 0.48 acres. (Burton
Station Area). Bayside Borough. Approval is subject to the following
stipulations:
1. Standard site plan requirements. (Engineering)
2. Water and sewer line fees required. (Public Utilities)
3. City water and sewer. (Healtli)
ITEM #6351
Appliestion of Haygood Church of Christ for a Use Pemit to operate a church
Yy) on certain property beginning at a-poin@ .95 feet West of Witch-
duck Road, running a distance of 250.14 feet along the South side of Wishart
Road. running a distance of 631.37 feet along the Western property line and runn-
Ing a distance of 529.96 feet along the Eastern property line. Said parcel is
:riangular in shape and contains 2 acres. (Old Donatio-n-Witchduck Point Areas).
BAYSIDE BOROIJGH.
Planning Commission Recornmendations:
A motion by the Planning Commission was passed for denial of this request due to
objections of the residents of the area who were concerned about the increased tr
into the area and that the temporary structure proposed to be moved to the site i
not conducive to the area.
Mr. Jack Gibbert appeared on the application.
On'motion by Councilman Elolland, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Vice Mayor F. Reid Ervin
ity Council approved the withdrawal of the above application of
aygood Church of Christ for a Use Permit to operate a church
(temporary) on certain property eginning at a point 882.95 feet
West of Witchduck Road, running a distance of 250.14 feet along
the South side of Wishart Road, running a distance of 631.37 feet
along the Western property line and running a distance of S29.96
feet along the Eastern property line. Said parcel is triangular
in shape and contains 2 acres. (Old Donation-Witchduck Point Area).
Bayside Borough.
ITEM #6352
Application.of Gulf Oil Co.-U.S. for a Use Pemit to replace a gasoline supply
station on certain property beginning a@a po@nt 184 fe'et more or less East of
Baker Road. running a distance of 340 feet along the North side of Northampton
Boulevard. running a distance of 202.82 feet along the Eastern property line,
running a distance of 149.10 feet along the Northern property line and runninga
distance of 259.88 feet along the Western property lin,e. (Burton Station Area).
BAYSIDE BOROUGH.
clanning Commission Recommendations:
% motion by the Planning Commission was passed for approval of this request subject
to the fbllowing:
1. The applicant shall remove any abandoned gasoline storage tanks or render
them safe by an alternate method acceptable to the City in the event that the use
of the service station is discontinued In the future. (Planning)
2. Standard site plan requirements to Include a 12-foot pavement widenin of
Route 13, curb and gutter, sidewalks and stom dralns as well (Engineerirlg)g
3. Water and s@ line fees required. (Public Utilitie;)
4. City mater and sewer. (Health)
On motion by Councilman Hbiland, seconded by Councilmari Gardner
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., George-R--Ferrell, Charles W. Gardner,
Clarence A. Holland, D. Murray Maibon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. @Vaterfield, Jr.
Nays: None
Absent: Vice Mayor F. Reid Ervin
City Council approved the above application of Gulf oil Company,
1. S. for a Use Permit to replace a gasoline supply station on
'ertain prop rty egining at a point 184 feet mor or e s East
e I S
)f Baker Road, running a distance of 340 feet along the North side
of Northampton Boulevard, running a distance of 202.82 feet along
the Eastern property line, running a distance of 149.10 feet along
the Northern property line and running a distance of 259.88 feet
along the western property line. (Burton Station Area). Bayside
Borough. Approval is subject to the following stipulations:
1. The applicant shall remove any abandoned gasoline storage
tanks or render them safe by an alternate method acceptable
to the City in the event that the use of the service station
is discontinued in the future. (Planning)
2. Standard site plan requirements to include a 12-foot
pavement widening of Route 13, curb and gutter, sidewalks
and storm drains as well. (Engineering)
3. Water and sewer line fees required. (Public Utilities)
4. City water and sewer. (Health)
ITEM #6353
Applicatfon of Virginia Beach Salvage Exchange for a Use Pemitto operate a sa1vage
yard (inside) on certain property beginning at a point@ @eet North of Cleveland
Street, running a distance of 150 feet along the West side of Southgate Avenue, runn-
ing a disunce of 125 feet along the Northern property line, running a distance of
150 feet along the Western property line and running a distance of 125 feet along the
Southern property line. Said parcel is known as Lots 33 throu h 3B, Block 44. Plat
of Euclid Place and contains 18,750 square feet. (Euclid Area3. BAYSIDE BOROUGH.
Planning Comission Recommendations:
A motion bv the Planning Comission was passed for approval of this request subject
to the follow-ing-
1. Standard site plan requireinents to include sidewalks curb, gutter, pavement
widening and stom drains as necessary along frontage on Souihgate Avenue.
2. City water and sewer. (Health)
3. Existing building must confom to building code for new occupancy. (Building
Code Division)
4. If there is to be arly outside storage, a solid fence or wall not less than
5 feet nor more than 6 feet in height shall be provided and rmintained in good con-
dition to enclose area fron street and adjacent prioperty. (Planning)
Mr. Gwin W. Dowdy appeared on the app@ication
Ori motion by Councilman Holland, seconded by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Vice Mayor F. Reid Ervin
City Council approved the above application of Virginia Beach Salvage
Exchange for a Use Permit to operate a salvage yard (inside) on
certain propertt be-ginning at a point.150 feet North of Cleveland
Street, running a distance of 150 feet along the West side of South-
gate Avenue, running a distance of 125 feet along the Northern
property line, running a distance of 150 feet along the Western
property line and running a distance of 125 feet along the Southern
property line. Said parcel is known as Lots 33 through 38, Block 44,
Plat of Euclid Place and contains 18,750 square feet. (Euclid Area)
Bayside Borough. Approval is subject to the following stipulations:
1. Standard site plan requirements to include sidewalks, curb,
gutter, pavement widening and storm drains as necessary along
frontage on Southgate Avenue.
2. City water and sewer. (Health)
3. Existing building must conform to building code for new
occupancy. (Building Code Division)
4. If there is to be any outside storage, a solid fence or
wall not less than 5 feet nor more than 6 feet in height
shall be provided and maintained in good condition to
enclose area from street and adjacent property. (Planning)
ITEM #6340 (b)
Doctor Holland discussed the application of Swim World of Tide-
water with the City Attorney and the possibility of having to
send it back to the Planning Commission for readvertising.
Mr. Bimson, City Attorney, informed Councilman Holland that since
it was one piece of property and was not a seperate application,
Council could move to rezone the remaining back portion of this
property agricultural.
On motion by Councilman Holland, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis Jr., Mayor
Robert B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner,
Clarence A. Holland D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floy@ E7.Waterfield, Jr.
Nays: None
Absent: Vice Mayor F. Reid Ervin
City Council agreed to amend the application of Swim World of Tide-
water to rezone the remaiiiing portion of the property North of the
200 feet zoned C-L 3 to agricultural.
ITEM #6354
On motion by Councilman Gardner, seconded by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis IJr., Mayor
Robert B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Vice Mayor F. Reid Ervin
Bids have been received for the purchase of three trucks for the
Refuse Collection Bureau, and the low bid is $2410. over the budget
figure, tlierefore, City Council approved on second reading a transfer
of $2410. from Account 10312-184 to Account 10312-831, Capital Outlay.
ITEM #6355
On motion by Councilman Gardner, seconded by Councilman Payne, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Vice Mayor F. Reid Ervin
City Council approved on second reading an increase in estimated
revenues from LEAA by $152,565, and the estimated reimbursement
from the State for Juvenile Court expenditures by $66,351. City
Council further approved an appropriation of $218,916 to cover the
cost of this diversion and treatment program.
ITEM #6356
On motion by Councilman Malbon, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., 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: Vice Mayor F. Reid Ervin
Mr. John V. Fentress, Clerk of the Circuit Court, requested that he
be allowed to purchase a new Letriver 200 filing system, at a cost
of $5600. This purchase is justified because of the unexpected
assisnment of an extra judge to this district and the space
constraints in the office of the Clerk of the Circuit Court. In
order to finance the Letriver 200, Council authorized Mr. Fentress
to reduce the number of approved filing cabinets in Account 6041-
801 from sixteen to two. This would provide $2800. To finance
the balance, City Council approved on second reading an appropriation
of $2800. to Account 6041-801, and the estimated revenues in Account
609 be increased by $2800.
ITEM #63S7
On motion by Councilman Payne, seconded by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., 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: Vice Mayor F. Reid Ervin
City Council approved on second reading the new revised water and
sewer budget in the amount of $6,723,242. This is an increase of
$3,362,249. over the existing approved budget.
ITEM #6358
On motion by Councilman Gardner, seconded by Councilman Rhodes, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., 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: Vice Mayor F. Reid Ervin
City Council approved on second reading a transfer from General
Fund Reserve for Contingencies of $26,500 to Account 9020-222
(Fire Hydrant Service Charges). The General Fund budget has an
appropriation of $17S,000 for this purpose, and the transfer of
$26,500 is necessary.
ITEM #6359
On motion by Councilman Ferrell, seconded by Councilman Payne, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert @i. Callis, Jr., Mayor
Robert B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Vice Mayor F. Izeid Ervin
City Council approved on secoiid reading the authorization of the
City Manager to sign a contract for the purchase of a portable
unit for needed office sl)ace by the Division of Public Utilities
at an approximate total cost of $13,000.
ITEM #6360
Mr. Herbert Kramer, representing the Home Builders Association,
appeared before City Council regarding the following Ordinance
on Chapter 37, relating to water supply.
On motion by Councilman Holland, seconded by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr.,
George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D.
Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: Councilman Robert H. Callis, Jr.
Absent: Vice Mayor F. Reid Ervin
City Council approved on second reading the following Ordinance to
amend and reordain Chapter 37 of the Code of the City of Virginia
Beach, relating to water supply:
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER THIRTY
SEVEN OF THE CODE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, RELATING TO WATER SUPPLY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACHS
VIRGINIA:
That chapter thirty-seven of the Code of the City of Virginia Beach
be amended and reordained to read as follows:
ARTICLE I. Regulations.
Section 37-1. Definition of "consumer".
A "consumer", as used in this chapter shall mean any person to whom
water from the city water system is supplied directly, either as owner,
agent or tenant of the premises to which supplied, and who is liable to
the City for the payment of the charges for water so supplied.
Section 37-2. Definition of "water service".
The words "water service", as used in this chapter shall be taken
to mean the use, or the right to the use, of city water delivered into
a building, lot or premises or at the curb, provided, that when any lot
contains more than one building or any building is divided into separate
functional units such building or lot as the case may be shall not be an
additional service if it is owned by one person and all water so used is
paid for by one person and provided, further, thatthe Utilities Engineer
may specify for any lot or building the number of separate water servi.ces
as he deems necessary which shall be required for water supply.
Section 37-3. Application for water.
The city manager is hereby authorized to furnish water service to
consumers only upon application and contract, signed by the owner, agent
or tenant of the premises now connected with the city water system or
hereafter to be connected, agreeing to abide by the city ordinances govern-
ing the service and to pay the charges for water prescribed by law. The
application and contract shall be made on printed forms furnished by the
bureau of customer service, signed by the owner, agent or tenant being
served or to be served, provided, however, that the application and con-
tract for water service for motels, hotels and apartment buildings must
be signed by the owner unless there is a separate meter for each dwelling
unit and provided further, that no application by a tenant will be accepted
until the applicant produces sufficient proof that he has a lease for a
term in excess of ninety days. The failure of any person now connected
and being served with water to return the application and contract to the
supervisor of the bureau of customer service within sixty days from the
date of passage of this ordinance shall be sufficient grounds for the City
to discontinue such service and the city manager is so directed.
Any person desiring water service for any premises, the occupancy of
which by any such person dates from and after the adoption of this ordin-
ance shall make application and contract for a connection for the premises
with the city's water system where service has been disconnected, or for
the privilege of using water in case the premises have not been discon-
nected from the city's water system, and it shall be unlawful for any such
person to take water froir.@ the city's mains until such application and
contract has been made with the city and approved by the bureau of customer
service.
Section 37-4. Deposit fees.
Any person who is not and who has not, for a period of three months
immediately pribr to application, been a consumer of water from the water
system of the city shall at the time he makes application for water deposit
with the city a sum, as indicated in thelbelow schedule of deposit fees,
for each premise to be served by the city, and water shall not be supplied
such person until said deposit is made; said deposit to be held by the city
as security for the payment of water service supplied such person. This
deposit shall be returned to the consumer at the time said consumer shall
vacate the premises and service is no longer desired by that consumer,
provided, that the account is currently paid. Upon discontinuance of the
service, if the account is not current, the final bill shall be computed
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to the date of discontinuance and deducted from the deposit and any
balance in excess shall be refunded to the consumer. The schedule of
deposit fees shall be as follows:
a. $25.00 for each single family residence or lot.
b. $25.00 for each separate dwelling unit of an apartment or
other multi-family dwelling house served by one meter not
to exceed $300.00.
c. $25.00 for each occupancy unit of a motel or hotel served
by one meter not to exceed $300.00.
d. $100.00 for each commercial or business water service
connected to one meter.
e. $100.00 for any other water service not classified above
which is connected to one meter .
Section 37-5. Each meter considered separate service.
If any consumer is supplied by more than one meter, each meter shall
be considered as a separate service both as to service charges and rates
for water and as to all other provisions of this chapter including
application requirements and deposit fees.
Section 37-6. Districts.
The city manager is authorized to divide the city into districts, as
many as may be expedient, in order to expedite the reading of the meters
and the collection of the water bills.
Section 37-7. When water bills payable.
The city manager is hereby authorized and directed to bill all con-
sumers quarterly in accordance with their locations in the city for the
service rendered and such bills shall be due and payable within ten days
from the date of the bills; provided, however, that the city manager, in
iis discretion, may render bills for water service monthly to all commer-
-,ial and industrial consumers, and such monthly bills shall be due and
payable within 10 days from the date of the bill.
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Section 37-8. Commercial or business establishments.
All owners of commercial or business establishments occupied by more
than one tenant shall provide separate water service with separate meters
for each such occupant, or in lieu thereof, shall themselves make appli-
cation for water service for the entire premises, and become responsible
for all water bills incurred on such premises.
Section 37-9. Default in payment of water bills.
The bureau of customer service shall mail water bills, but failure
to receive such bills shall not prevent the discontinuance of service if
the amount due has not been paid within the time limits specified. Should
any bill not be paid when due, the consumer shall be deemed delinquent 30
days after the date of the bill; and the bureau of customer service shall
cause the water to be shut off after 45 days from the date of the bill-,
and the water shall not again be turned on until all arrearages and
charges shall have been paid, including a charge of two dollars for
turning the water on, if the premises are occupied by the same consumer
who incurred the bill; provided, that any consumer delinquent or in
arrears shall settle all past indebtedness wherever incurred before again
being served city water.
Section 37-10. Unauthorized water turn on.
Should the water be cut off from any premises by the bureau of customer
service for the nonpayment of a bill or for any other cause, and afterwards,
be found turned on without authorization of the bureau of customer service,
the service shall be disconnected and shall not be restored until the con-
sumer shall pay all delinquent bills, and in addition thereto, the sum of
fifty dollars for removal and replacement of the meter.
Section 37-11. Procedure when property is vacated, charges for restorl.ng
service.
All owners, or their authorized agents, after knowledge that their
premises have been vacated, shall proniptly notify, in writing, the bureau
-4-
of customer service to shut off the supply of water thereto, and upon
such notification in writing from the owner, agent or tenant, the bureau
of customer service shall effectually shut off the water to said premises,
and at the same time record the reading of the meter.
When the service is shut off, the following charges shall be made
and collected when application is made to restore the service:
a. 1 1/2 " and 2" connections $50.00
b. 5/8'1, 3/4" and 1" connections $25.00
C. charges to restore service for connections in excess of
2" shall be based on actual cost, plus 12% or a minimum
charge of $50.00, whichever is greater.
Provided, however, that service may be kept intact by application of
the owner to the bureau of customer service agreeing, during vacancy, to
pay the service and minimum consumption charges thereon.
Section 37-12. Water for construction purposes.
Contractors applying for water service for buildings or construction
purposes shall pay for same at the regular meter rates, and shall be held
responsible for all water so used, as recorded by the meter, or otherwise
ascertained, until such time as the contractor shall notify the bureau of
customer service, in writing, to cut off the supply.
Section 37-13. Public buildings to have meters, charges for water supplied.
All public buildings (including school buildings), state, federal and
municipal, in the city, as may be designated by the Utilities Engineer,
shall have attached to the supply pipes connecting such buildings with the
water mains of the city such meters, for measuring the water supply fur-
nished such buildings, as may be selected by the Utilities Engineer as
being suitable. The water so supplied to such consumers shall be charged
to them, to the proper department or to others having control of such
consumption, at prevailing rates.
Section 37-14. Water meters to remain property of the city-, repair and
replacement.
-5-
All water meters installed by the bureau of customer service shall
remain at all times the property of the city and shall be maintained and
repaired, when rendered unserviceable through wear and tear, and renewed
by the city; provided, however, that where replacement,,repairs, or ad-
justments of any meter are rendered by the act, neglect or carelessness
,of the owner or occupant of any premises, any expense caused to the city
thereby shall be paid by and collected from the owner or tenant of the
premises.
Section 37-15. Test of water meter.
Any consumer shall have the right to demand that the meter through
which water is being furnished be examined and tested by the bureau of
customer service for the purpose of ascertaining whether or not it is
registering correctly the amount of water which is being delivered through
it by said bureau to such consumer; provided, that when any consumer de-
sires to have said meter so examined and tested, such consumer shall make
application therefor in writing to the said bureau, and shall deposit with
said application the amount charged for the various sizes, to-wit:
5/8" meter .................................. $25.00
3/4" meter ................................... 25.00
1" meter .................................. 25.00
1 1/2" meter .................................. 25.00
2" meter .................................. 35.00
3" meter .................................. 50.00
4" meter .................................. 75.00
6" meter .................................. 100.00
The amount to be deposited for testing meters in excess of six inches
shall be based on estimated actual cost, plus twelve per cent.
If, upon such examination and test, the meter shall be found to re-
gister three per cent or more water consumption than actually passes
through it, the meter shall be corrected and the fee charged in the appli-
cation for a test shall be refunded to the person making the application
and the water bill correspondingly corrected.
-6-
Whenever a meter is out of order and fails to register, the consumer
shall be charged with an average daily consumption as shown by the meter
when in good working order and registering correctly.
Section 37-16. Adjustment of abnormal bills due to leakage.
The Supervisor, Bureau of Customer Service, is hereby authorized, by
and with the consent of the city manager, to adjust and settle such claims
against the division of water supply for abnormal bills, due to leakage,
as will, in the judgment of the supervisor, work an injustice to the
consumer unless corrected.
Section 37-17. Extravagant use of water; repair of leaking pipes, etc.
No person shall unnecessarily consume any city water by a careless
and extravagant use of same, nor permit the water to run from any hydrant
cock or fixture without proper care to prevent waste. If any pipe, hydrant,
cock or other fixture be found leaking, the owner of the premises shall
have the necessary repairs made within ten days after receipt of notice
from the division of water supply so to do.
Section 37-18. Fixtures, etc., to prevent waste of water.
The refusal or neglect of the owner or occupant to equip and maintain
the premises with service pipe connections, utilities or fixtures of ap-
proved character and quality to prevent waste of water shall be sufficient
grounds for the refusal of the bureau of customer service to connect the
premises with city water or to continue such connection after having given
three days written notice of intention to shut off water pending repairs
because of water waste.
Section 37-19. Turning off water for purposes of repairs.
In case of breaks in the mains, services, pumping machinery, re-
servoirs or other waterworks equipment making it necessary to shut off the
water, or when it is necessary to shut off the water for the purpose of
repairing, extending or cleaning the mains, previous notice will, if
practicable, be given, but in no case will any claim for damages due to
water being shut off be allowed.
-7-
Section 37-20. Using fire hydrants.
Fire hydrants are provided for the sole purpose of extinguishing
fires, and all persons, except the department of fire and the bureau of
sewers and the bureau of water supply in the division of utilities and
the bureau of street cleaning and refuse collection in the department of
community services, or such persons as may be specifically authorized by
the supervisor of the bureau of customer service, are hereby prohibited
from opening or using the same.
Any person authorized to open fire hydrants shall use only an approved
spanner wrench, and shall replace the caps on the outlets when the same are
not in use.
Section 37-21. Access to premises supplied with water.
The Utilities Engineer and his agents shall have free access at all
reasonable hours to all parts of any premises to which water is supplied
to make necessary examinations.
Section 37-22. obstructing valves, manholes, meters, etc.
It shall be unlawful for any person to place upon or about any gate
valve, manhole, stopcock, meter or meter box connected with the water
pipes of the system of waterworks, any object, material, debris or struc-
ture of any kind which will prevent free access to the same at all times.
Section 37-23. Turning water on or off; tampering with appliances.
No person, or his agent, except employees of the division of public
utilities, shall cut off or turn on the water at any city curb cock, nor
remove, disconnect or tamper in any way with any water meter, water
connection, curb cock or curb box, or any part thereof, or any other
equipment installed by the division of public utilities in connection
with the water system without previous permission, in writing, from the
division of public utilities so to do; provided, that in case of necessary
emergency in connection with repair work on any premises, the person doing
such repair work shall be permitted temporarily to turn on or off the water
and upon completion of the work shall leave the water on or off as before.
In such cases, notice of such turning on or off of said water shall be
given to the division of public utilities as soon as possible.
Section 37-24. City to make connections.
No person, except the properly authorized agents of the Utilities
Engineer, shall tap or make any connection with the main or distributing
pipes of the waterworks.
Section 37-25. City not responsible for damage.
The city will not be responsible for any damage caused by defective
plumbing or open outlets when water is ordered turned on by the owner,
lessee or agent.
Section 37-26. Straight connections in meter boxes; changing service
pipe from one tap or meter to another.
It shall be unlawful for any person to install a straight connection
in meter boxes where meters have been removed or to change any service
pipe from one tap or meter to another, without first obtaining permission
in writing from the bureau of customer service.
Section 37-27. Cutting off any source contaminating water distribution
system.
The Utilities Engineer is hereby authorized to cut off the supply
of water from any source within the water distribution system of the city
after the public health director of the city has certified that such
source may be a contaminant and a public health hazard.
Section 37-28. Liability of city; restricting use of water.
The city shall not be liable for any damage resulting from the
bursting of any main, service pipe or cock, from the shutting off of
water for repairs, extentions or connection or from the accidental
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failure of the water supply from any cause whatsoever. In cases of
emergency the city shall have the right to restrict the use of water in
any reasonable manner for the protectioii of the city and its water supply.
Section-*37-29. Penalties.
Any person who shall violate any of the provisions of this chapter,
for which no other penalty is provided, shall, upon conviction thereof,
be fined not less than fifty dollars nor more than five hundred dollars,
and each day's continuation of a violation shall be considered a separate
offense. Any such person shall furthermore be liable for all damage, loss
and expense suffered or incurred by the city as a result of such violation.
ARTICLE II. Service Fees.
Section 37-30. Fees.
The following water line connection and installation fees shall be
paid:
(a) Connection to a city water line (tap fee):
3/4" Tap ............................................... $175.00
lit Tap ............................................... $225.00
Taps in excess of 1" Cost of labor and materials
plus 25% of such cost.
For 1 1/2" taps, $600.00 shall be placed in escrow by
the applicant and $700.00 for 2" taps shall be placed
in escrow at the time of application.
For taps in excess of 2", the amount placed in escrow
shall be based on estimate of costs by the Director of
Public Utilities.
In any case where fees are paid by check and the check
is returned for insufficient funds, the tap shall not
be installed or if already installed, the water servi.ce
shall be discontinued until full payment is received.
(b) Property owners share of line installation cost for line in-
stalled or purchased by city (line fee):
(1) Single-family residence first 100' of frontage
or portion thereof ...................... : ......... @400.00
Each foot of frontage in excess of 100 ............ $ 4.00
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(2) Multi-family dwellings:
first 12 units per acre; per unit ................. $125.00
next 12 units per acre (i.e., 13-24); per unit .... $250.00
next 12 units per acre (i.e., 25-36); per unit .... $375.00
all units per acre over 36-, per unit .............. $400.00
(3) Trailers, per space ............................... $125.00
(4) Motels and hotels, per room ....................... $100.00
(5) Nursing and convalescent homes, per room
(calculated at 2 beds = 1 room) ................... $100.00
(6) Professional and office buildings, per office ..... $100.00
(This fee shall apply where individual. professional offices (doctors,
dentists, lawyers, etc.) are specifically delineated. Otherwise, where
office space is not so divided into specific professional offices, in-
cluding banks and other office areas, the fee shall be one hundred dollars
per six hundred square feet of building art@a.)
(7) Retail stores and shopping (,enters, per square
foot of floor space ...............................$ .07
(8) Industrial manufacturing, wliolesale and distribution
facilities domestic use fee per square foot of floor
space .............................................$ .07
Warehouse space or other related facilities where square footage per
employee exceeds four hundred square feet ratio domestic use fee to be
based on two hundred dollars per four eniployees-, provided, that the min-
imum fee shall be two hundred dollars.
(c) Property owners share of line installation cost when water lines
are installed in part by private parties and in part by the city. Fees in
this section (c) shall only apply where the property to be served is a por-
tion of the original property for which the distribution lines were instal-
led by private parties. Further, fees in this section (c) shall not apply
where connection is made to lines purchased by the City of Virginia Beach
from the City of Norfolk.
(1) Single-family residence, each ...................... $150.00
(2) Multi-family dwellings
first 12 units per acre; per unit .................. $ 75.00
all units per acre over 12; per unit ............... $150.00
(3) Trailers, per space ................................ $ 75.00
(4) Motels, hotels; per room ........................... $ 75.00
(5) Nursing and convalescent homes, per room
(calculated at 2 beds = I rooni) .................... $ 75.00
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(6) Professional and office buildings, per office, or
per six hundred square feet, as described in
paragraph (b) (6) of this section ................. $ 75.00
(7) Retail stores and shopping centers per square
foot of floor space ............................... 2 1/2i
(8) Industrial manufacturing, wholesale ard distri-
bution facilities domestic use fee per square
foot of floor space ............................... 2 1/2i
Warehouse space or other related facilities where square footage per
employee exceeds four hundred square feet ratio domestic use fee to be
based on fifty dollars per four employees; provided, that the minimum fee
shall be two hundred dollars.
(d) Special line fee for seasonally operated camp site parks con-
nected to any city water main:
Per camp space ......................................... $ 55.00
Provided that to obtain such fee, the owner shall enter into a con-
tract with the city providing that at such future time that the camp park
is converted to year-round use, fees specified in paragraphs (b) (3) or
(c) (3) of this section shall become applicable and the owner will pay
the difference in such fees at time of conversion to year-round use.
(e) Special line fee for industrial users of process water when
connected to any city main:
Where process water is used, the line fee for the total water used,
both process and domestic, shall be based on the following schedule, ex-
cept that it shall not be less than provided under paragraphs (b) (8) or
(c) (8) of this section, whichever may be applicable.
0 to 20,000 gallons per day = $150.00 per 400 gallons
20,.001 to 25,000 gall.ons per day = 30cts per gallon.
25,001 to 50,000 gallons per day = 22..5cts per gallon.
50,001 to 75,000 gallons per day = llc per gallon.
All over 75,000 gallons per day = 4cts per gallon.
In order to obtain this special rate, the owner shall pay an original
fee based on the estimated flow for the first year and shall enter into a
contract with the city wherein the owner shall agree to pay fees for
additional flows not previously paid for as determined by annual average
metered flow.
-12-
(f) In cases of complexes of buildings, and in cases not specifically
provided hereinabove, line fees shall, where feasible, be determined by
the equivalent number of residences at 400/gal/day and four persons each
and in accord with paragraphs (b) (1) and (c) (1) of this section, as the
case may be. Where such determination is not feasible, the rate shall be
determined by the director of community services and aplroved by city
council. In no case shall any line fee be less than that for one single-
family residence as may be specified in paragraphs (b) and (c) above.
(g) No building permit shall be issued nor shall any water or sewer
tap be installed for any property until fees provided for in this section
shall have been paid.
(h) In the case of existing contract agreements between owners and
the city regarding fees and waiver of fees, such agreements shall remain
in effect.
This ordinance shall be in effect from and after the date of its
adoption.
First reading: September 10, 1973
Second reading: September 17, 1973
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 17th day of September 1973.
ITEM #6361
On motion by Councilman Ferrell, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr.,
George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D.
Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: Councilman Robert H. Callis, Jr.
Absent: Vice Mayor F. Reid Ervin
City Council approved on first reading the following Ordinance to
amend and reordain Chapter 37 of the Code of the City of Virginia
Beach by adding a new Article III pertaining to water service
charges:
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER
THIRTY-SEVEN OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, BY ADDING THERETO A NEW ARTICLE
Ill PERTAINING TO WATER SERVICE CHARGES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Chapter thirty-sc-,ven of the Code of the City of Virginia Beach
be amended and reordaine(i to read as follows:
ARTICLE 111. Service c@larges.
Section 37-31. Meter seri7ice charges.
Each consumer shall @l;.iy a meter service charge as follows for each
meter connecting his preri@ies with the city water systlm:
5/8 inch meters .............................. @-.2.15 per quarter
3/4 inch meters .............................. $2.90 per quarter
1 iL, @ L ), @ @ I . . . . . . . . . . . . . . . . . . . . . . . .3. 75pe rquar ter
1 1/2 inch meters ............................. $13.00 per quarter
2 inch meters ............................. $1.8.00 per quarter
3 inch meters ............................. $36.00 per quarter
4 inch DieL@iL'S ............................. *,)@).OO per quarter
6 inch meters ............................ $1,14.00 per quarter
8 inch meters ............................ $2@,E.00 per quarter
10 inch meters ............................ $1,.714.00 per quarter
12 inch meters ............................ $6,18.00 per quarter
Section 37-32. Consuriier rates.
in addition to the c:iarges provided for in section 37-31, each
consumer shall pay as fol-lows for water consuried:
0 - 30,000 gallons 82i per 1,000 gallons per Quarter,
provided that the minimum charge
per quarter shall be $3.00
30,001 - 50,000 galloris 76@ per 1,000 gallons per ciuarter
50,001 - 100,000 gallons 70i per 1,000 gallons per ouarter
all over 100,000 gallons 60i per ]-,OOO gallons per quarter
Where a consumer uses more than one meter, the rates prescribed
by this section shall apply separately to eacb meter and the readings
of said meters shall not be consolidated in applying said rates.
Any ordinance or any part of any ordinance in conflict with the
provisions of this chapter shall be and hereby is repealed to the extent
of such conflict.
This ordinance shall be in effect from and after the date of its
adoption.
First reading: September 17, 1973
Second reading:
Adopted by the Council of the City of Virginia Beach, Virginia, on
the day of 1 1973.
ITEM #6362
On motion by Councilman Rhodes, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Vice Mayor F. Reid Ervin
City Council approved on first reading t-he following Ordinance to
amend and reordain Section 17-22.1 of tlie Code of the City of
Virgihia Beach and to repeal Ordinance number 467:
-2-
Requested by: City Manager
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 17-22.1 OF THE CODE OF THE
CITY OF VIRGINIA BEACH AND TO REPEAL
ORDINANCE NUMBER 467.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 17-22.1 of the Code of the City of Virginia Beach
is amended and reordained to read as follows:
Any firm, corporation or individual desiring to deposit garbage
or refuse at any city disposal area shall pay the following fees for
such disposal:
(1) Where it can be established to the satisfaction of the
director of community services that refuse or garbage brought to a
city disposal area is collected primarily within the City of Virginia
Beach, the director of community services may authorize a special
permit for disposal of the refuse or garbage upon payment of an annual
application fee of $15.00 in addition to a service charge based upon
the cost of handling and disposing of such refuse or garbage.
(2) Whenever refuse or garbage is brought to any city disposal
area by persons other than residents with a current city decalcomania
properly displayed as provided in Section 22-74.1 or those authorized
by special permit under Section (1) a fee of $3.12 per ton, or a
minimum fee of $1.00 shall be charged for the service.
(3) Special fees.
(a) Tire Cutting: Thirty-five cents per tire.
(4) Scales and collection procedures. The director of community
services, in conjunction with the director of finance, shall provide
such scales and collection procedures as they may determine to be
necessary to ensure the efficient collection of the fees hereby im-
posed; provided, that the director of community services shall have
the authority to establish categories of waste that are unacceptable
for discharge.
(5) Hours of operation. 7:30 A.M. to 4:00 P.M., Monday through
Saturday. City disposal areas shall be closed on legal holidays.
ordinance Number 467 is hereby repealed.
An emergency exists and this ordinance shall be effective from
date of adoption.
First reading: September 17, 1973
Second reading:
Adopted by the Council of the City of Virginia Beach on the
day of )1973.
ITEM #6363
On motion by Councilman Ferrell, seconded by Councilman Rhodes,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., 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: Vice Mayor F. Reid Ervin
City Council approved the following Ordinance appointing viewers
relative to closing a portion of Old Providence Road, in the
Kempsville Borough:
P E T I T I 0 N
TO VACATE A PORTION OF THE FORMER RIGHT-OF-WAY OF
PROVIDENCE ROAD AND ADJOINING LANDS EAST OF
BARRETTS CORNER IN THE CITY OF
VIRGINIA BEACH, VIRGINIA
To the Mayor and the Honorable Council of the
City of Virginia Beach, Virginia:
1. Your Petitioners, Virginia National Bank, a national
banking association with its principal offices located in the City
of Norfolk (hereinafter referred to as "VNB") and Chesapeake Savings
and Loan Association, a Virginia corporation (hereinafter called
"Chesapeake") respectfully request the vacation of the following
described partially paved and unpaved portions of Providence Road
along its previously located 40-foot wide right-of-way east of
Barretts Corner in the City of Virginia Beach, Virginia, and abutting
or adjacent to properties owned by the Petitioners, as shown on a
certain plat, marked "Exhibit A", and attached hereto, to-wit:
ALL THOSE certain pieces, parcels or tracts of land,
a portion of which consists of the naw abandoned and
former right-of-way of Providence Road in the Kempsville
Borough of the City of Virginia Beach, Virginia, and
being more particularly known, numbered and designated
as PARCEL 1-A, PARCEL 2-A AND PARCEL 4-A, as shown on
that certain plat entitled "PLAT OF PROPERTY FOR CHESAPEAKE
SAVINGS & LOAN ASSOCIATION AND VIRGINIA NATIONAL BANK
KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA", Scale:
1" = 50', dated February 14, 1973, and prepared by Baldwin
and Gregg, Engineers-Surveyors-Planners, Norfolk, Virginia,
-which plat is attached hereto and intended to be read
as a part hereof for a more particular description of the
said Parcels.
2. That the portion of former Providence Road and the adjacent
lands immediately to the north thereof, south of the southerrimost
line of Providence Road, as relocated, being sought to be closed is
not needed for public use, travel or convenience. It was previously
-2-
used as a public thoroughfare, but has been superseded by the construc-
tion and opening of New Providence Road which traverses in an east-to-west
direction and is located north of the former right-of-way of Providence
Road. Substantially all of the paving contained within the Parcels
for which vacation is being sought has been removed, and the lands lying
within such Parcels has been graded and seeded and is not necessary for
public use as a thoroughfare.
3. Except for your Petitioners, it is believed that no land
proprietor abutting Providence Road, as relocated, will be affected
by the proposed vacation of the aforesaid portions of Old Providence
Road and adjoining lands.
4. Notice of the proposed presentation of this Petition
was posted at the Courthouse of the Circuit Court of the City of
Virginia Beach, Virginia, and at least 10 days before the presentation
of the Petition, notice was also posted at two other public places in
the City of Virginia Beach. A copy of the said Notice and Affidavit
of posting, marked "Exhibit B" and "Exhibit C", respectively, are
attached hereto.
WHEREFORE, your Petitioners pray that in accordance with
SS15.1-364 of the Code of Virginia, 1950, as amended, not less than
three nor more than five viewers be appointed to view the said portions
of Old Providence Road and adjoining lands, consisting of the three
Parcels described above, and report in writing whether, in their opinion,
any, and if so what, inconvenience would result from discontinuing the
same; and if said viewers report that no inconvenience would result
-3-
therefrom, your Petitioners pray that this Honorable Council will adopt
an ordnance directing the vacation of the said portions of Old Providence
Road and adjoining lands, sought to be vacated.
Respectfully submitted,
VIRGINIA NATIONAL BANY,
By
Reional Executive Officer
nt Cashier
CHESAPEAKE SAVINGS AND LOAN ASSOCIATION
I.@@ @, I
BY
President'
ATTEST:
S cretary
IN THE MATTER OF:
VACATING, CLOSING AND DISCONTINUING A PORTION OF
PROVIDENCE ROAD AND ADJACENT UM LOCATED IN THE
KEMPSVILLE BOROUGH OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
ORDINANCE APPOINTING VIEWERS
WHEREAS, Virginia National Bank, a national banking associa-
tion, and Chesapeake Savings and Loan Association, a Virginia corporation,
have given due and proper notice, in accordance with the provisions of
SS15.1-364 of the Code of Virginia, 1950, as amended, that they would,
on this day, apply to the City Council of the City of Virginia Beach,
Virginia, for the appointment of viewers to view the hereinafter
described property and to report in writing to the Council whether, in
the opinion of the viewers, any, and if so what, inconvenience would
result from discontinuing the same, and if the said viewers report
that no inconvenience would result therefrom, your Petitioners
pray that this Honorable Council will adopt an ordinance directing
the vacation of the following described portion of Old Providence
Road and adjacent lands, to-wit:
ALL THOSE certain pieces, parcels or tracts of land,
a portion of which consists of the now abandoned and
former right-of-way of Providence Road in the Kempsville
Borough of the City of Virginia Beach, Virginia, and
being more particularly known, numbered and designated
as PARCEL 1-A, PARCEL 2-A AND PARCEL 4-A, as shown on
that certain plat entitled "PLAT OF PROPERTY FOR CHESAPEAKE
SAVINGS & LOAN ASSOCIATION AND VIRGINIA NATIONAL BANY
KEMPSVILLE BOROUGH VIRGINIA BF.ACH, VIRGINIA", Scale:
1" = 50', dated February 14, 1973, and prepared by Baldwin
and Gregg, Engineers-Surveyors-Planners, Norfolk, Virginia,
which plat is attached hereto artd intended to be read
as a part hereof for a more particular description of the
said Parcels.
NOW, THEREFORE, be it ordained by the City Coucil of the
City of Virginia Beach, Virginia, that Willial W. Fleming George L.
flanbury and Charles C. Carrington
are hereby appointed to view the above-described property and to
-2-
report in writing to the Council on or before October 22 1973,
whether, in their opinion, any, and if so what, inconvenience would result
from discontinuing the same.
Adopted by the Council of the City of Virginia Beach, Virginia,
on September 17 1973.
ITEM #6364
On motion by Councilman Malbon, seconded by Councilman Rhodes, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Vice Mayor F. Reid Ervin
City Council denied the following street closure relative to a
portion of Sand Pine Road in the Lynnhaven Borough:
AN ORDINANCE CLOSING, VACATING
AND DISCONTINUING THAT CERTAIN
PORTION OF SAND PINE ROAD
C),
AT ITS INTERSECTION WITH
CAPE HENRY DRIVE
VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice that LIDUIS G. DARDEN, would
make application to the City Council of the City of Virginia Beach, Virginia,
to have the hereinafter described portion of Sand Pine Road closed, vacated
and discontinued in the City of Virginia Beach, Virginia, was duly polted; and
WHEREAS, pursuant to the statutes provided for such cases; the
Council appointed viewers who have reported to the Council that no inconvenience
to the public or to private individuals would result from such closing, vacatingi
and discontinuance; and
WHEREAS, it is the judgment of the Council that said portion of said
street should be closed, vacated and discontinued;
NOW, THEREFORE, be it ORDAINED by the COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINI-A:
Section 1: That said portion of Sand Pine Road described
as follows in Virginia Beach, Virginia, is hereby closed, vacated and dis-
continued as a public thoroughfare of the City of Virginia Beach, Virginia:
That certain portion of Sand Pine Road at its
intersection with Cape Henry Drive in the City
of Virginia Beach, Virginia
Section 2: That thirty (30) days after this date a copy of
this ORDINANCE, certified by the Clerk, be spread upon the public records
in the Clerk's Office of the Circuit Court of this city and indexed in like
manner as a deed to lands.
ITEM #636S
on motion by Councilman Ferrell, seconded by Councilman Payne,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and F- loyd E. Waterfield, Jr.
Nays: None
Absent: Vice Mayor F. Reid Ervin
City Council approved the following tax refunds in the amount of
$1,473. 31-:--
TO- @ir. Dale Bimson CLty Attorney
FROM-. Mr. V. A. Etticridge, Trcasure-r DIate- September 5 1973
CT: Application for Tax Reiuiids:
.--14czti-nc fcr rcfund of tzxc3 tctaling 744.42
for
tified for payment, as set
ridge, Treasurer
Tax Type
..Ticket
Name Year of Tm Number y est
tual Fed. Savirgs
LoarL Assn. 1973' RE 57762 1/2 179C 6/20/73 291.3' 291 31
shvan, Herbert 1972 RE 8585 1/2 6/10/72 64.5(
T/A ETC 2/2
19713 RE 8896 1/2 6/20/73 '48.0 112.50
2/2
hman, Harold W 1973 RE 19066 1/2 6/14/73 133.44 133 44
net J.
mo@l"o@
rtgage Investmint
rp. 19721 RE 1 5 76,74 2/21 1 12/5/7'2 207.17 207. 17
c apolicatiann fn'r re tittid -of t..,Vpn
tf73
Citv c)(,Ik
-TO. Nlr. Dale Bimson City Attorney
D,t, September 10, 1973
FROM: tir. V. A. E-titcridfe, Trcasure-r
CT: Application for Tax ,I,!fuiitis: 728. 89
a?,-licationc for refund of tz::---- tctating
certlfied for payment, as set forlh below:
V A. Etheridee, Tren--;urer
,j:ax Flxor-er-
Tax Type Date
Ticket tion
liame Year of Ta Nu Paid Base al
mber No. ty est
daeph E. Lovett 1973 CD 19862 9-5-73 7.50
ioneqr Lodge 1970 RE 38bgg 12-2-71 1:41.46 7.08 148-54
412 ETC C/0 1/2 & 2/t
larence L Walke
ioneer Lodge 1970 RE 38100 12-2-71 68.88 3.44 72@32
412 ETC li2 & 2/@
ioneer Lodge 1971 RE 39051 1/Z 12-2-71 70.73 3.54
412 ETC C/0 2/Z 6-12-73 70.73, 3.54 148.54
larence L Walkel
iorfeer Lodge 19711 RE 1 39052 1/2 12-2-7'1 34.44 1.72
412 ETC 2/2 6-12-73 34.44 1.72 72@32
ehman Harold W [r 721 RE 18539 1/2 6- .7-72 130.49
janet'j. 2@2 12-5-72 130.49 260.98
rtgage Invest orp.
urling Harold 73 RE 012264 1856 1 6-14-731 1 1 1 18.69
fortgage C -- 1/2 - -
c anDlic;ttliin.@ fnr reftitict-C)f t6tnlin--,-
Al- 7, /@7,3
KiI
ITEM #6366
On the matter of the disposal of Parcel "D" in Carolanne Farms,
Councilman Rhodes noted that Mr. Harold Whitehurst, Director of
Parks and Recreation, had indicated difficulties in properly
maintaining such parks, and after consideration Mr. William W.
Fleming, Director of Community Services, specified that the
Department of Community Services had no plans for Parcel "DII.
Councilman Rhodes observed that during the last nine years,
the residents had believed that the subject Parcel "DII - dedicated
by the subdivision developer, Mr. Stanley Waranch for "public lise",
was for the use of the residents of the area and that in view of
this attitude the City should provide some means by lease or other
suitable arrangement tr) make Parcel "D" available to the residents.
Councilman Rhodes stated that Parcel "DII is not in the same catagory
as the seven acre tract in the Little Neck area, in that it was
"reserved" for possible use, whereas, Parcel "D" was dedicated for
"public use".
On motion by Councilman Rhodes, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner,
Cl&rence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Vice Mayor F. Reid Ervin
City Council moved "that the City retain ownership of the subject
Parcel "DII in Carolanne Farms andthat the City Manager meet with
the representatives of the Carolanne Farms Civic League to work
out the details of a lease arrangement with the League to provide
public use of the property."
ITEM #6367
On motion by Councilman Ferrell, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Vice Mayor F. Reid Ervin
In the 1971 Parks and Recreation Capital Projects Fund, $240,000
was appropriated for the development of Mt. Trashmore Park. Of
this amount, $120,000 was provided from sale of bonds, and
$120,000 was to be funded by the U. S. Bureau of Outdoor Recreation
and the Virginia Commission of Outdoor Recreation. These latter
funds are to be paid on a reimbursement basis and must be expended
first by the City. Therefore, in order to make these funds
available, City Council authorized a loan of $120,000 from the
General Fund to the Parks and Recreation Capital Projects Fund,
to be repaid when Federal and State funds are received.
ITEM #6368
On motion by Councilman Malbon, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: COuncilmen John A. Baum, Robert H. Callis, Jr., M,yor
Robert B, Cromwell, Jr., George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Vice Mayor F. Reid Ervin
City Council approved the low bid of W. B. Meredith, Ii, Incorporated,
in the amount of $579,700.00 for the construction of an addition to
the Municipal Court Building. City council further authorized the
City Manager to enter into a contract for this project. Funds are
available.
ITEM #6369
On motion by Councilman Malbon, seconded by Councilman Payne, and
by recorded vote as follows:
Ayes: Council-men John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Vice Mayor F. Reid Ervin
City Council approved the low bid of Weigand Construction Company,
in the amount of $so,soo.oo for the construction of an addition to
the Municipal Golf Course Clubhouse. City Council further authorized
the City Manager to enter into a contract for this project. Funds
are available.
ITEM #6370
Councilman Callis introduced M,. Thomas Lyons, President of the
Innkeepers Association of Virginia Beach. Mr. Ly,ns read the
following Resolution which was approved by the Board of Directors-
Innkeepers of Virgin@ia Beach, Inc., on September 13, 1973:
F VIRGINIA BEACH
INN tiEE PE RSo
P. 0. Box 533 Virginia Beach, Virginia
At a meating of the Board of Directors of the Innkeepers
of Virginia Beach, Inc. on Sept@er 13, 1973 the following
Resolution was adapted:
Resolved:
It is the opinion of the Board of Directors of
the Innkeepare of Virginia Beach, Inc., that all beaches on the
Atlantic OcocLn and ChoscLpeake Boy shore lines in the City of
Virginia Beach are in the public domain, historically and by
reason of common usage, also by reason of the care, mclintenance,
replf&iohment, etc. of such beaches, by the City of Virginia
Beach and/or the U.S. Army, Corps of Engineers, elnd/or the Virgini(i
Erosion Commission, and as such are public recreation (Lreas, by
dedication, for the use of the general public.
ITEM #6371
Councilman Malbon moved to adopt the following recommendations from
the Boards and Commissions Committee with the following stipulations:
1. Each Board or Commission make an annual report to the
City Council.
2. Each member of a Board or Commission is to be presented
with a certificate of appointment.
3. The City Clerk is to prepare an up-to-date list of all
Boards and Commissions in loose-leaf form for the City
Councilmen.
Councilman Waterfield seconded the motion, and by recorded vote as
follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert
B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner, Clarence A.
Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Vice Mayor F. Reid Ervi-'l
ITEM #6372
On motion by Councilman Rhodes, seconded by Councilman Payne, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Vice Mayor F. Reid Ervin
City Council noted its intention to hold a Closed meeting on Monday,
September 24, 1973, for the purpose of discussing items permitted
for discussion under Section 2.1-344, Subparagraph 1 and 6 of the
Freedom of Information Act of the Commonwealth of Virginia.
ITEM #6373
On mot: Councilman Rhodes, seconded by Councilman Malbon,
an e, the meeting adjourned.
J. W@bbon, B%- ee I
v
City of Virginia Beach,
Virginia
September 17, 1973