HomeMy WebLinkAboutJUNE 18, 1973
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MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
June 18, 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, June 18, 1973,
at 2:00 p.m.
The invocation was given by Chaplain William D. Bruner, U.S.N.A.S.
Oceana, Virginia Beach, Virginia.
Councilmen present: John A. Baums Robert H. Callis, Jr., Mayor Robert
B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles
W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne,
Donald H. Rhodes, and Floyd E. Waterfield, Jr.
Councilmen absent: None
ITEM #5997
On motion by Councilman Gardner, seconded by Councilman Ferrell, and by
recorded vote as follows:
./tyes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, a~d Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the Minutes of t~e Regular Meeting of June 11,
1973, and the reading of said Minutes dispensed with inasmuch as each
Councilman had a copy of the subject Minutes before him.
ITEM #5998
Doctor Edward E. Brickell, Superintendent of Schools, and Mr. DeFord
appeared before City Council regarding $2,515,000 being placed in the
School Construction Fund.
On motion by Councilman Rhodes, seconded by Councilman Malbon, and by
unanimous vote, City Council authoriz.ed the School Board to combine
Seven hundred and sixty-five thousand dollars ($765,000) remaining in
the school bond funds, with a transfer of Five hundred thousand dollars
($500,000) excess from the current operating funds together with the
excess and unanticipated State revenues of One million, two hundred
and fifty thousand dollars ($1,250,000) for a sum total of Two million
five hundred and fifteen thousand dollars ($2,515,000) to be placed in
the School Constructlon Fund.
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ITEM #5999
In response to a duly advertised hearing regarding the proposed
expenditures of Federal Revenue Sharing Funds, the following persons
addressed City Council:
Doctor Elsworth Plump
Mr. Ken Slye
Mrs. Foley
Ms. Mary Miller
Mrs. Fran Buckle
Mr. Kessler
Mr. Roger Clark, Jr.
Mrs. Dumay
These'citizens again expressed their opposition to the construction of
Old Donation Parkway as proposed in the Wilbur Smith Transportation Repo t
as being detrimental to their properties and welfare and did protest the
expenditure of Federal Revenue Sharing Funds for this purpose.
Mayor Cromwell indicated that the portion of the Parkway under
consideration for receiving funds was the section between First Colonial
Road and Great Neck Road, which was already in existance.
Regarding Kings Grant West Park, the following persons appeared:
Mrs. Scanlan
Mr. Ken Slye
These citizens expressed interest of the residents in developing
a City park in the area, and set forth in their presentations statistics
. concerning the number of children who could be served by the park.
Regarding a park at WindsorrOaks, the following person appeared:
Mr. Clyde Johnson noted the need to develop a park at Windsor Oaks
particularly after considering the number of children in the area.
Regarding City purchase of Bow Creek Golf Country Club
Mr. Joel Smith, a citizen from Princess Anne Plaza, again set forth
the benefits to be derived from City ownership of the old Bow Creek
Golf and Country Club.
The material and presentations of the various citizens were placed on
file with the City Clerk and are filed with the notes of the meeting.
Several other persons spoke, however, in the confusion of the meeting
they did not state their names or the organization they represented.
Upon conclusion of the presentation action on the revenue sharing was
pos tponed.
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ITEM #"6000
f\pplication of Hillian T. and Vivian C. "\ascn, W111iar:l and Jean l!offlpr. l10hn
vi. and L;crnice Kinrl. undo Crof.:\>;ell C. and Kathryn R. [)ou(;las for a Ch.1n~e of
Zoninq frol'1 Residence Duplex District 2 (R-D 2) to Vultinle F<m:ily-rTC:':diJence
Ifistrfct U:-::) and a Use Perl1it to construct 135 apartr~€'nt units on certain
property located on the -;Jorth 5-1(11} of Shorr: Drive extending bet\x:cn Calvert
Street and Kendall Street. runnin'l a distMKc of 250 feet alonq the iinrth side
of Shore Drive, running a distanc; of 389 feet along the !Jest ~ide of Kendall
Street, running a dist2.tnce of 2~~1~ feet alonq the Northern property 1 ine and
running a distance of 422 feet alono the East SiC0 of Calvert Street. Said
parcel is known as Lots 1 throuqh 16, Clock 5, Section G, Plat of Cape Henry
and contains 2.3 .acres. (Cape llenry Area). l YWn-1AVEN nOROUGH.
Planning Comrnission HGcommendations:
A notion by the Planning Commission \>!as passed for approval of this request
subject to the follm.ting:
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1.
un; ts.
2.
3.
A modification from the requested 135 apartment units to 85 apartment
Hater line fees required. (Public Utilities)
Standard site plan rf'qUirCi:~:\its to include:
a. Side\'lalks, cllrb and t'Ttter, l2-foot pavement 'tlidening and storm
drains as reC1uired along Shore Dri'!(".
b. ^ 200-foot left turn lane shall be provided at the crossover at
Shore Drive and ~~nd~ll Street.
c. r\"\v,'.(:nt '.Ii; c'idnn. clro and gutter, sidewalks and storm drains as
necessary shCill L:' f;f.W;;'.:-d along Kendall and Calvert Streets; these streets
shall be extended as r0"-'uir~:,d b,'l the Dil~ector of ConFlunity Services.
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d. All stan,} drainaqe shall be suitably routed to the bay.
e. The beach is to be l',aintaincd in accordance "lith standard beach
section, a copy of \Ihich is attac:lcd.
f. It is noted in the crininal plat tl-.at the nrCDertv bet,':een the
lot liliGS and-the i;,at(~rls edge of the bay Has reservl;d for public use; therefore.
no pedestrian or emergP!1cy vehicle easenents \lill be required along the beach.
(Engineering)
4. ^ dedication of right of I~Y 80 feet from the centerline of the existing
lOO-foot ri0ht of ~ay along the 250 foot nore or less frontage on Shore Drive
(3D-foot dedication). (Real Estate)
5. City \'!ater and sC\Jer - not approved for septic tanks. (He31th)
G. Pool and open space shall be provided as shown on piut. (Parks and
Ih:creation)
7. SU~Gest narticioation in school site ac~uisition.
Mr. Thomas C. Broyles, Attorney, appeared on behalf of the applicants.
Mr. Grover C. Wright, Attorney, appeared in opposi~ion to the above
application.
On motion by Vice Mayor Ervin, seconded by Councilman Callis, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council denied the above application of William T. and Vivian C.
Mason, William and Jean Hoffler, John W. and Bernice King, and Crom~ell
C. and Kathryn R. Douglas for a Cllange of Zonin[ from Residence Duplex
District 2 (R-D 21 to Multiple Family Residence District (R-M) and a
Use Permit to construct 135 apartmel1t units on certain property located
on-the North side of Shore Drive extending between Calvert Street and
KClldall Street, running a distance of 250 feet along the North side of
Shore Drive, running a distance of 389 feet along the West side of
Kendall Street, runninr~ a distance of 254 feet along the Northern
pruperty line and rllnning a distance of 422 feet along the East side of
Calvert Street. Said parcel is known as Lots 1 through 16, Block S}
S (' c t ion C, P J a t 0 f Call c I1 C 11 r Y lIll d co n t: a i 11 S 2. 3 a c ra s . ( Cap (' 1I c n r y . \ r (: ,. i
LYllnhavcn Borough. The appliC:1Llon \,as denied as the chnngc in :ol11ng
h u ell d r l' S III tin ::~ pot :: U Jl .~ Jh~ .
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ITEM #6001
Application of Herbert L. Zook for a Use PerMit to construct a child day
care center on certain prooerty b~qir.ninq-a~--point 125 feet West of Great
Neck Road, running a distance of 160 feet alonq the South side of Poplar
Point Road, running a distance of 275 feet along the \'!estern property line,
running a distance of 160 feet along the Southern property line and running
a distance of 275 feet along the Eastern nrorerty line. Said parcel contains
1.0 acre more or less. (Great Neck Estates Area, Section One). lYNNHAVEN
BOROUGH.
Plannin9 Cor-mission Recor.rnendations:
A motion by the Planning Commission was passed for approval of this request
subject to the following:
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1. Privacy screening from the surrounding land uses shall be provided.
(Planning) .
2. license to operate a child care center shall be obtained from the
State Department of \'lelfare and Institutions prior to issuance of use permit.
(Planning and Health Dept.)
3. Vater line fees required. (Public Utilities)
4. Standard site plan reauirer1cnts to consist of side\'lalk, curb and
gutter, pavCfilent \'ridening and storm drain as required along Poplar Peint Road
and standard protective curbs (CG-2) l~equired along perimeter of parking lot.
(Engineering)
Mr. Herbert L. Zook appeared on behalf of his own application.
.On motion by Councilman Malbon, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr:, Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, Donald H. Rhodes, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman J. Curtis Payne
City Council approved the above application of Herbert L. Zook for a
Use Permit to construct a child day care center on certain property
beginning at a point 125 feet West of Great Neck Road, running a distancE
of 160 feet along the South side of Poplar Point Road, running a distanCE
of 275 feet along the Western property line, running a distance of
160 feet along the Southern property line and running a distance of
275 feet along the Eastern property line. Said parcel contains 1.0
acres more or less. (Great Neck Estates Area, Section one). Lynnhaven
Borough; Approval is subject to the following stipulations:
1. Privacy screening from the surrounding land uses shall be prov ec
(Planning)
2. License to operate a child care center shall be obtained from tle
State Department of Welfare and Institutions prior to issuance cf
use permi t. (Heal th Department and Planning)
3. Water line fees required. (Public Utilities)
4. Standard site plan requirements to consist of sidewalk, cur9
and gutter, pavement widening and storm drain as required along
Poplar Point Road and standard protective curbs (CG-2) required
along perimeter of parking lot. (Engineering)
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COUNCILMAN PAYNE RETURNED TO COUNCIL CHAMBERS
ITEM #6002
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Application of Rusty's Rental's, Inc., for a ~~~ Penrl1t to operate bicycle
rental s on certain property located at the Souti;rast cornet'" of Atlantic ^venue
and Third Street on property known as the Schooner Motor Motel. Said area is
shot-in as 9 feet by 20 feet. VIRSINIA BEACH BOROUGH.
Planning Commission Recommendations:
A motion by the Planning Co~ission was passed for approval of this reQuest
sutject to the following: the parcel be fenced in accordance with City re-
l1uircments.
Mr. Nick Cohen appeared on behalf of the applicant.
On motion by Councilman Callis, seconded by Councilman Malbon, and by
recorded vote as fol~ows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the above application of Rusty's Rental's, Inc.
for a Use Permit to operate bicycle rentals on certain property located
.at the Southeast corner of Atlantic Avenue and Third Street on property
known as the Schooner Motor Motel. Said area is shown as 9 feet by 20
feet~ Virginia Beach Borough. Approval is subject to the following
stipulation: ,
1. The parcel be fenced in accordance with City requirements
ITEM #6003
Application of Rusty's Rental's. Inc., for a Use Pernit to operate a bicycle
renta 1 on certain property 1 cca ted at the South..','Gs'ccorner of Fourth Street
and Rudee Boulevard, on property known as the Inlet House. Said parcel' is
10 feet by 20 feet. VIRGINIA bEACIl BOROUGH.
Planning Commission Reconnendations:
A motion by the Planning Corr~nission ~JaS passed for approval 'of this recuest
subject to the follo\'dn9: thf~ Darcel L,e f(:nced in accordance \'lith City re-
qu;r~r:lEnts.
Mr. Nick" Cohen appeared on behalf of the applicant
On motion by Councilman Callis, seconded by Councilman Gardner, and by
recorded vote as follows:
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~yes: lClounJcilme~ John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
romwe , r., Vlce Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Co~ncil a~proved the above.application of Rusty's Rental's, Inc.,
for a U~e Permlt to operate a bIcycle rental on certain propertv located
~t the Southwest corner of ~o~lrth Street and Rudee Boulevard, on propertv
nown as the Inlet House.. SaId.parcel is 10 feet by 20 feet. Virginia'.
Beach Borough. Approval lS subject to the following stipulation: .
1. The parcel be fenced in accordance with City requirements.
ITEM #6U04
Application of G. florman Cobb. J. D. \iillidr,s. ['aV1S C. L.onn DY yt.anlp.y Ii.
Philli~s. Attorney. for a ~_~::~.r::l~:Qfl!''!\_t~l.:l from Residence SU!;Ud.)an District.3
(R-S 3) to t.~ult1nle Family i:('sid~nce Ui~;trict (;';-:1) on certilln DrClDerty beg1nn-
1ng at a point 930 feet !',;ore or less north of Inlyr.nview Poad and 1735 feet more
or less East of Great fleck Road. and l~~O() feet morc or less \!est of First
Colonial Road. running a distance of 182J feet ~or~ or less alona the Southern
property line, running a distance of 410 feet more or less alono the Eastern
property line, running a distance of 1717 feet alono the Northern property line
and running a distance of tf25 feet alanq the Hestern property 1 ine. Said parcel
contains 14.9 acres more or less. (Princess Anne l'iemorial Park Cemetary Area).
L vrWUAVEU BOROUGH.
Planning Cormission Recommendations:
A motion by the Planning COFan;ss;on "fas passed for denial of this request as the
proposed use is not in keeping with the surrounding land uses.
Mr. Stanley A. Phillips, Attorney, appeared on behalf of the applicants.
Mr. Norman Falk, Wellington Woods Civic League, appeared in opposition tc
the above application.
On motion by Councilman Gardner, seconded by Councilman Holland, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr" Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
. N"ay s : None
Absent: None
City Council denied the above application of G. Norman Cobb, J. D.
Williams, Mavis C. Cobb by Stanley A. Phillip~, Attorney, for a Change
of Zoning from Residence Suburban District 3 (R-S 3) to Multiple Family
Residence District (R-M) on certain property beginning at a point 930
feet more or less North of Inlynnview Road and 1785 feet more or less
East of Great Neck Road, and 1200 feet more or less West of First Colonii 1
Road, running a distance of 1829 feet more or less along the Southern
property line, running a distance of 410 feet more or less along the
Eastern property line, running a distance of 1717 feet along the Northe~]
p~operty ~ine and running a distance of 425 feet along the Western prope:'t:
llne. Sald parcel contains 14.9 acres more or less. (Princess Anne
Memorial Park Cemetary Area). Lynnhaven Borough. ~he application was
denied as the proposed use is not in keeping with the surrounding land
uses.
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ITEM #6005
Application of Sea Bay Develonment Corn., by R. fI. Bosher for a ~hano~ o~
foni,9 from One Fami.1Y Residence District (.R-l) to Retail Business Oistr1ct
B-1 and a Use Permit to operate a parking lot on certain property located
on the \Jest side of Pacific Avenue extending beb/een Norfolk Avenue and 11 th
Street, running a-distance of 135 fect more or less along the North side of
t'orfolk ft,venue~ runninq a dist;\r1ce of f?C1 f,,:~t r:orp or less alono the \'!est
side of Pacific Avenue, runnina a distance of 80 feet alonq the South side
of 11th Street, runninC) a distance of 6GO feet n:ore or less alonc! the \';cstern
property line of which 90 feet more or less is the East side of Lake Drive.
VIRGINIA BEACH BOROUGH.
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Planning Commission Reco~endat;ons:
A motion by the Planning Commission was passed for approval of this application
subject to the following:
1. t10dified the reQuest to a period of two full seasons.
2. Standard site Dlan reouirements to include sidewalks, curb and gutter,
pavement \'Iidening and storm drains as necessary alonf! the adjoininq riohts of
way; no encroachment onto tile City lake shall be pemitted. (Engineering)
3. Plant screeninQ meetinq Planninq Ocpartnent specificati~ns shall be
required along Pacific Avenue and that p~ovisions to bulkhead the backfilled
area shall be submitted for the Enqineerinq Derartment approval. (Planning)
. 4. Useable distance bet\-:een lake Hnllv and Pacific St. 115 feet; needed
~rpa 138 ft.. no provision for bulkheadin;f.' (Soil Conservation).
Mr. R. G. Bosher appeared on behalf of his own application.
On motion by Councilman Baum, seconded by Councilman Rhodes, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council deferred for one week the above application of Sea Bay
Develop~ent Corporation, by R. G. Bosher for a Change of Zoning from
One Famlly'Residence District (R-l) to Retail Business District (B-1)
and a Use Permit to operate a parking lot on certain property located
on the West side of Pacific Avenue extending Between Norfolk Avenue and
l~th Street, running a distance of 135 feet more or less along the North
slde of Norfolk Avenue, running a distance of 620 feet more or less along
the Wes~ side of Pacific Avenue, running a distance of 80 feet along the-
South slde of 11th Street, running a distance of 600 feet more or less
along the Western property line of which 90 feet more or less is the East
side of Lake Drive. Virginia Beach Borough.
COUNCILMAN PAYNE LEFT COUNCIL CHAMBERS
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ITEM #6006
Application of P & J Corporation T/A Isle of Capri Restaurant by John N.
Parker, Attorney, for a Use Pcrnit to operate a facility for dancing and
live entertainment on certain property be~Jinning at a point 180 feet more
or 1ess.West of Pacific Avenue and running a distance of 120 feet along the
South sldc of Laskin Road. Said parcel is known as Lots 15 and 16 and a
portion of lot 14, Clock 100, ::ao of linkhorn Park and also known as 313-315
Laskin Road. VIRGINIA BEACH BOROUGH.
Planning Conmission Recommendations:
, A n~tion by the Planning Comnission was passed for approval of this request.
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On motion by Councilman Callis, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, Donald H. Rhodes, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman J. Curtis Payne
.City Council approved the above application of P & J Corporation T/A
Isle of Capri Restaurant by John N. Parker, Attorney, for a Use Permit
to operate a facility for dancing and live entertainment on certain propEr'
beginning at a point 180 feet more or less West of Pacific Avenue and i
running a distance of 120 feet along the South side of Laskin Road. Sai(~
parcel is known as Lots 15 and 16 and a portion of Lot 14, Block 100, Ma]~
of Linkhorn Park and also known as 313-315 Laskin Road. Virginia Beach i
Borough.
COUNCILMAN PAYNE RETURNED TO COUNCIL CHAMBERS
ITEM #6007
Application of W. U. 01 iver, Jr., for a fh~'l~~ 9f Zoning from Rural Residence
District 1 (R-R 1) to limited Ccmercial Ui~;tr;ct 2 (C-L 2) on c~rtain property
located on the East side of Ind(mcnder.ce boulevard and across from Paul Revere
Road, beginning at a point 500 feet more or less South of Ew~ll Road, running
a distance of 1603 feet more or less along the East side of Independence Boule-
vard, running a distnnce of 1135 feet ~orc or less alonq the Northern property
line. running a d"istance of 117;3 feet I:10rC or less ulonq the tustern property
line and running a distance of 313 feet More or less alonq the Southern pro-
perty line. Said parcel contains 19.~)9 acres Flore or less, including proposed
\lakcfield Drive. (Lake Smi th Terrace- Thoroughgood Estates-Recdtown Areas).
BP.YSIDE BOROUGH.
Planning COl'll1ission Recol11nendations:
A motion by the Planning COl:~mission was passed for denial of this reouest as
the proposed channa or zonino is in conn let vdth the tlayside Dcvelormcnt
Study \ihic:l ret"lc:cts a 10\': t'csidcntial usr.~ (1-6 ch:cliinq units per acre).
Residents of the lH'ca were present to oppose the requf>sted zoning chanqe.
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Mr. Douglas Bailey, Henry 113Jlson Tucker Realty Corporation, appeared on
behalf of the applicant.
The following persons appeared ln opposition to the above application:
Mr. W. G. Matton, Thoroughgood Civic League
Mr. Livernois, Lake Smith Terrace Civic League, presented petitions.
Mr. Henry T. Keeling
Mr. Joseph I. Williams ~
On motion by Councilman Holland, seconded by Councilman Rhodes, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and ~loyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council denied#the above application of W. W. Oliver, Jr., for a
Change of Zoning from Rural Residence District 1 (R-R 1) to Limited
Commercial District 2 (C-L 2) on certain property located on the East
side of Independence Boulevard and across from Paul Revere Road, beginnirg
at a point 500 feet more or less South of Ewell Road, running a distance
of ].603 feet more or less along the East side of Independence Boulevard,
running a distance of 1135 feet more or less along the Northern property
line, running a distance of 1178 feet more or less along the Eastern
property line and running a distance of 348 feet more or less along the
Southern property line. Said parcel contains 19.59 acres more or less,
including proposed Wakefield Drive. (Lake Smith Terrace-Thoroughgood
Estates-Reedtown Areas). Bayside Borough, Council stated they would
like to see a fine development in the area, but since the proposed changE
'of zoning is in conflict with the Bayside Development Study~ which
reflects a low residential use (1-6 dwelling units per acre), and the
residents of the area were in opposition to the application, it was
denied.
ITEM #6008
Applicat~on of C & W Ocve~opment Co. for a ~s~ Permit to erect a 4-foot by
8-foo; Sl?nboard on certaln prorerty ~e0inniri(J at a point 146 feet rlOre or
less .Iortl~ of the ertrance to !l1orougngood and located on the East side of
Pleasure house Road. (Thorougw;ood 1\rea). EAYSIDE BOROUGH.
Planning Commission Reconmlendations:
A ~tion by the Planninq Cornmission was passed for aoproval of thi5 request
subJect to the follorling: the signboard' is to be allo\--!ed for a period of
one year.
Mr. Clyde W. Collier appear~d on behalf of his own appllcatlon.
On motion by Councilman Holland, seconded by Councilman Malbon, and by
recorded vote as follows:
Ayes:
Ervin,
Murray
Jr.
Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Rei!
George R. Ferre~l, Charles W. Gardner, Clarence A. Holland, D.
Malbon, J. Curtls Payne, Donald H. Rhodes, and Floyd E. Waterfie11,
Nays:
None
Abstain: Mayor Robert B. Cromwell, Jr.
Absent: None
Ci~y Co~ncil aI?proved the above application of C. & W Development Comp:lJl'
for. a ~se PermIt ~o erect a 4-foot by 8-foot signboard on certain proper:' \"
l~ c g 1 n n 1 11 gat a pal Il t 14 6 fee t mar ear .1 e s s Nor t. 11 0 f t. he en t ran c eta .
lhoroughgood and locat.ed on the East side of Pleasure House Hoad.
(TJ.lorougl.lgooJ Area). Bayside Borough. Approval is subject to the [0110,'5:
stIpulatIon: .
1. The signhoard is to be alloHPJ for a neriod of one \'(-':11'
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ITEM #6009
Application of O. B. II.i11 for a cr0ng~_ of z.~.!l1.!!..9.. from Residence Duplex District 2
(R-D 2) to Limited Cor.'f:1ercial District 3 (C-L 3) on certain property located at
the intersection of East Stratford Street and Pendleton Avenue, be~inninq at a
point 114.36 feet South of Shere Drive. running a distance of 128.13 feet along
the North side of fast Stratford Street, runnino a distance of 114.16 feet along
the North side of Pendleton Avenue, running a distance of 52.21 feet along the
Eastern property line and running a distance of 170.32 feet along the Northern
property 1 ine. Said parcel is knm'm as Lots 8 and 9, 131cck 21 t Plat of Section
"NI of Ocean Park. Corporation. {Ocean Park Area}. BAYSIDE BOROUGH.
Planning Commission Recommendations:
A motion by the Planning Commission was passed for approval of this request subject
to the fo11mting:
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1. Plant screening meeting Planning Department approval shall be provided
along the southern and western boundary to buffer a commercial use from the
surrounding residential ~rea. (Planninq)
2. Standard site plan rccHJirenents to include sidewalks. curb and qutter.
pavement widening and storm drains as necessary along the adjoining rights of
way shall be provided. (Engineering)
Mrs. D. B. Hill appeared on behalf of own application.
On motion by Councilman Holland, seconded by Councilman Waterfield, and y
recorded vote as follows:
. Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the above application of D. B. Hill for a Change
of Zoning from Residence Duplex District 2 (R-D 2) to Limited Commercial
District 3 (C-L 3) on certain property located at the intersection of
East Stratford Street and Pendleton Avenue, beginning at a p~int 114.36
feet South of Shore Drive, running a distance of l28.lS feet along the
North side of East Stratford Street, running a distance of 114.16 feet
along the North side of Pendleton Avenue, running a distance of 52.27 .
feet along the Eastern property line and running a distance of 170.32
feet along the Northern property line. Said parcel is known as Lots 8
and 9, Block 27, Plat of Section "A" of Ocean Park Corporation. (Ocean
Park Area). Bayside Borough. Approval is subject to the following
stipulations:
1. Plant screening meeting Planning Department approval shall be
provided along the southern and western boundary to buffer a
commercial use from the surrounding residential area. (Planning)
2. Standard site plan requirements to include sidewalks, curb and
gutter, pavement widening and storm drains as necessary along
the adjoining rights of way shall be provided. (Engineering)
II I .
ITEM #6010
Application of Young rorld of Virr1in1a. Inc., for a Use Permit to or-erate a
day nursery and kinder0,Jrten on CfTt.'.lin prorerty beginninq ata point 500
feet more or less South of HaYGood Hoad, running a distance of 170 feet along
the East side of Ferry Plantation Road, runninq a distance of 257 feet along
the Northern property line, rur.ninr'l a distance of 170 feet along the Eastern
property line and runninl) a distance of 257 feet along the Southern property
line. Said parcel contains 1.0 acre more or less. (Haygood Shopping Center
Area). BAYSIOE BOROUGH.
Planning Conmiss~on Recommendat10ns~
^ h;otion by the Planning Ccr.:mi 55 10n \!as passed for appro'Ja 1 of thi s request
subject to the follmJing:
1. Plant screening to buffer a play area from conflicting land uses.
(Planning) ~
2. license to operate a day nursery shall be obtained from the State
Department of \lelfare and Institutions prior to issuance of use permit.
(Planning and Health Dept.)
3. City Hater and SCHer. (Health Dept.)
4. Water and sewer line fees recuired. (Public Utilities)
5. Standard site plan imorovemcnts to consist of sidev!alks, curb and
gutter. pavement vtidening and storm drains ac; required along Ferry Plantation
RORd. This plan does not conform to th2 aoproved preliMinary subdivision of
Ilaygood Executive Park and if this rroperty is to he d~veloned as shown, a
subdivision plat of this prooerty '.,;ill have to be approved by the City. (Engr.)
Mr. Paul McGuire appeared on behalf of his application.
-an motion by Councilman Holland, seconded by Councilman Rhodes, and by
recorded vote as follows:
Ayes: Counc~lmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the above application of Young World of Virginia,
Incorporated, for a Use Permit to operate a day nursery and kindergarten
on certain property beginning at a point 500 feet more or less South of
Haygood Road, running a distance of 170 feet along the East side of
Ferry Plantation Road, running a distance of 257 feet along the Northern
property line, running a distance of 170 feet along the Eastern property
line and running a distance of 257 feet along the Southern property line
Said parcel contains 1.0 acres more or less. (Haygood Shopping Center
Area). Bayside Borough. Approval is subject to the following
stipulations:
1. Plant screening to buffer a play area from conflicting land use~ .
(Planning)
2. License to operate a day nursery shall be obtained from the
State Department of Welfare and Institutions prior to issuance
of use permi t. (Planning and Heal th Department)
3. City water and sewer. (Health Department)
4. Water and sewer line rees required. (Public Utilities)
5. Standard site plan improvements to consist of sidewalks, curh
and gutter, pavement widening and storm drains as required
along Ferry Plantation Road. This plan does not conform to the
approved preliminary subdivision of Haygood Executive Park and f
this property is to be developed as shown, a subdivision plat
of this property will have to be approved by the City.
(Engineering) .
I' I '
ITEM #6011
Application of Robert H. Potter by Roq2r S. Fraley, Attorney, f~r a Ch~~oe of
ZoniiHl from Residence Ouolex District 1 (R-D 1) to i.1ultip1e Farnly ReSllJence
DiStrict (R-l1) and a Use' Pc:rr1it to construct 32 apartment units on certain
property beginning atapoTnT-300 feet South of North Grecl1\':ell Road, r~nn1ng
a distance of 100 feet a10nq the East side of Pleasure House Road, runn1ng a
distance of 330 feet alonq the Northern property line, running a distance of
100 feet alnn~ the Eastern rro9crty 11n~ and run~in~ ~ dist~nce of 380 feet
along the Southern pronertv "inc. Said parcel contains 0.873 acre more or
less., (Bradford Terrace t\rca). ElWSIDE BCROUGH.
Planning COI11niss1on Recorrrnendations:
"
A nnt10n by the Planning Commission was passed for approval of this request
subject to the following:
1. Hodify the request from 32 apartment units to 10 apartment units.
2. Plant screening shall be required on the north and ease property lines
bordering a lO\tJcr residential use (I<-D 1). (Planning)
3. ~'!ater and sevIer 1 ine fees reouired. (Public Utilities)
4. City \'later and seVier. (ljeal th)
5. Open soace and nctivc recreation areas shall be provided. (Parks and
Recreation) .
--.----
_._-"--"_. ---,.
Mr. Roger S. Fraley, Attorney, appeared on behalf of the applicant
'On motion by Councilman Holland, seconded by Councilman Rhodes, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the above application of Robert H. Potter by
Roger S. Fraley, Attorney, for a Change of Zoning from Residence Duplex
District 1 (R-D 1) to Multiple Family Residence District (R-M) and a Use
Permit to construct 32 apartme~t units on certain property beginning at "a
point 300 feet South of North Greenwell Road, running a distance of 100
feet along the East side of Pleasure House Road, running a distance of
380 feet along the Northern property line, running a distance of 100 feet
along the Eastern property line and running a distance of 380 feet along
the Southern property line. Said parcel contains 0.873 acres more or less.
(Bradford Terrace Area). Bayside Borough. Approval is subject to the
following stipulations: .
1. Modify the request from 32 apartment units to 10 apartment
uni ts . .
2. Plant screening shall be required on the north and east property
lines bordering a lower residential use (R-D 1). (Planning)
3. Water and sewer line fees required. (Public Utilities)
4. City water and sewer. (Health)
5. Open space and active recreation areas shall be provided. (Park
and Recreation)
6. Suggest participation In school site acquisition.
II I <
ITEM #6012
f U-e PCrMit for live entertainment
Application of Smuggller'~ ~o~e\:~cp;Ph~~k: n~admlS' Silopping Center situated
on certain property ocaL.C n 1 . ... d if ~th of Pembroke Boulevard.
on the East side of Independence Boule~ard an.Ol Center. Plats \'/ith more
Said parc~l is Known as 4S20iPlemb,blro~~ ~~~dg:spa~~~~in~f City Planning. BAYSIDE
detailed mforrnation are ava a e
BOROUGH.
Planning Con~ission Recommendations:
passed for' approval of this request.
A mot1on_py__the Planning Con~~_ssion \'Ias
On motion by Councilman Holland, seconded by Councilman Ferrell, and by
recorded vote as fo~lows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and
Floyd E. Waterfield, Jr.
Nays: None
Abstain: Councilman Donald H. Rhodes
Absent: None
. City Council approved the above application of Smuggler's Cove, Inco~poT~ tl
for a Use Permit for live entertainment on certain property located ln t: e
Pem'Qroke Meadows Shopping Center situated on the East side of Independen< e
Boulevard and North of Pembroke Boulevard. Said parcel is known as 4521)
Pembroke Meadows Shopping Center. Plats with more detailed information
are available in the Department of City Planning. Bayside Borough.
ITEM #6013
Application of Hoose Lodr;e No. 1998, Loyal Order of tioose, Inc., for a Chanqe
of Zoning from Residence DUDlex District 2 (R-O 2) to Limited COrlnercial
Di!;trict 3 (C-L 3) on certain property berdnning at a point 500 feet more or
less West of South t:irdneck Road, and 180 feet rr.-ore or less South of Bells
Road, r~nning a distance of 418.84 feet alonq the t!orthern property line, runn-
ing a d'~tance of 415 feet alonq the Ea~tcrn property line, running a distance
of 418.84 feet a10nq the Southf?rn propet'ty 1 ine and running a distance of 415
feet more or less along the t:estern pronerty line. Said pa.rcel contains 4.0
acres more or less. (Oceana Naval Air Station Area). PRIr-;CESS MtNE GOROUGH.
Planning Commission Recommendations:
A r:lotion by the PlannintJ COfil.lission was passed for approval of this reouest
subject to the fol1o~inq:
1. Standard site nlan requirements to include standard 30-foot entranve,
paved driv0\!~Y and parkinq ~ot I.lith nrotective concrete curbs (standard CG-2)
along the dr,vffi~Y and parklng area.
. ~ ..
;
;'
"
p
'1'.
..
II I
Mr. Robert Bennett appeared on behalf of the application.
The following persons appeared in opposition to the above application.
Reverend George Stallings
Ms. Chryle Copeland
On motion by Councilman Payne, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferr~ll, Charles W.
Gardner, Clarence A. Holland, D. ~iurray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
,#
City Council denied the above application of Moose Lodge No. 1998, Loyal
Order of Moose, Incorporated, for a Change of Zoning from Residence DuplEx
District 2 (R-D 2) to Limited Commercial District 3 (C-L 3) on certain
property beginning at a point 500 feet more or less West of South Birdneck
Road, and 180 feet more or less South of Bells Road, running a distance c f
418.84 feet along the Northern property line, running a distance of 415
feet along the Eastern property line, running a distance of 418.84 feet
along the Southern property line and running a distance of 415 feet more
or less along the Western property line. Said parcel contains 4.0 acres
more or less. (Oceana Naval Air Station Area). Princess Anne Borough.
'. .
,,,.,...,
ITEM #6014
On motion by Councilman Ferrell, seconded by Councilman Holland, and by
recorded vote as follows:
Ayes: Councilme~ John A. Baum,.Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vlce Mayor F. Reld Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved on second reading an appropriation in the amount
of $12,000 to the Big Brothers of Virginia Beach as a one time grant to
establish this organization as an on-going community service agency.
MAYOR CROWvELL LEFT COUNCIL CHAMBERS
ITEM # 6015
On motion by Councilman Ervin, seconded by Vice Mayor Ervin, and by
recorded vote as follows:
Ayes:
Ervin,
Murray
Jr.
Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Rei,
George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D.
Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfiel
Nays:
None
Absent:
Mayor Robcrt B. Cromwell, Jr.
City Council approved on second rcading the following Ordinance toamenl
and rcord ain Vi rgini a Be ach Plumb ing Code and to rcpeal Ord inance Numb (' r
456 of the City Code:
AN ORDINANCE TO AMEND AND REORDAIN
VIRGINIA BEACH PLill1BING CODE AND TO
REPEAL ORDINANCE NO. 456
I i I
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
,.......
That the Plumbing Code of the City of Virginia Beach (Southern
Standard Plumbing Code, 1971 edition, including 1972 revisions) is amendEd
and reordained to r~ad as follows:
1. Ordiance No. 456 is hereby repealed.
2. Section 106.3 - SCHEDULE OF PERMIT FEES
(a)
" .
(b)
(c)
(d)
(e)
(f)
.
3.
Section
In last
Permit Fees
For issuing each permit or one fixture
In addition
Each plumbing fixture, floor drain or trap
For each house sewer connection
For each house water connection
For each septic or drainfield permit
For each gas piping system
Exam Fees
Master's exam
Journeyman's exam
Renewal fee Master
Renewal fee Journeyman
Re-examination fee
Reinspection Fees
Sewer connection Fees:
The seWer line connection fees shall be as are
from time to time prescribed by the local
governing body.
Water Connection Fees:
The water line connection fees shall be as are
from time to time prescribed by the local
governing body.
Point of Confiection:
Building Sewers and Water Service Tipes shall
connect to the Public Sewer and Water Main at a
point designated by the proper Municipal Authority.
107.2(c) RETESTING:
line delete $2.00 and insert $3.00 in lieu thereof.
4. Add Section 113 - Board of Plumbing Examiners
$ 5.00
2.00
5.00
5.00
5.00
2.00
50.00
25.00
10.00
5.00
25.001
3.00
113.1 Establishment; composition; appointment and term
of members.
There shall be a Board of Plumbing Examiners which shall 'consis
of the director of public health or his designated representative,
the plumbing inspector. one licensed and registered m:ster plumber
holding a certificate of competency as such, and one licensed and
registered journeyman plumber holding a certificate or competency
as such, and two citizens not othenvise associated with the govern-
ment of the City and not engaged in the plumbing trade. The master
plumber and journeyman pluHiber appointed as members shall be
appointed by members of the City Council, for terms of two years,
I_!f'!'t'
II I
from the licensed and registered master plumbers and journeyman
plumbers, holding certificates of competency, regularly employed
in the installation or supervision of sanitary plumbing in the
City. The citizen members shall be appointed by the City Council
for terms of two years. The terms of members first appointed
pursuant to this section shall expire on July 31, 1975, and there-
after, the terms of all members subsequently appointed shall
expire at the end of two years from the effective date of their
appointment.. The Board of Plumbing Examiners shall elect its own
chairman. The plumbing inspector shall, ex officio, be the secre-
tary of the Board of Plumbing Examiners and Appeals.
113.2 Compensation of appointed members.
..
The compensation to be received by the master plumber and
journeyman plumber appointed as the members of the Board of
Plumbing Examiners and appeals shall be five dollars for each
meeting of the Board attended by them; provided, however, that
in no case they shall receive more than one hundred and twenty
dollars each for anyone year.
113.3 Powers and duties generally.
The Board of Plumbing Examiners shall have all the powers
and be subject to all restri..ctions provided by the state law, thE!
provisions of this Code and other ordinances of the city and shalJ
have such other powers and perform such other duties as may be
. 4 designated from time to time bv the city council. However, nothir g
in this chapter shall be construed as giving the Board of Plumbin~
Examiners any power or authority over the public sewers of the
City, or connections therewith, beyond the curb line of the streets,
. .
113.4 Meetings and notice thereof.
The Board of Plumbing Examiners shall meet, at such times
as may be fixed by the Board, for the purpose of examining those
persons who have filed applications for certificates of competenc)
as master plumbers and journeyman plumbers. Notice of any such
meeting shall be given to all such applicants at least three days
before the date of such meeting.
113.5 Journeyman plumber's certificate of competency.
. .
Applicants for a journeyman plumber's certificate of
competency shall be examined as to their knowledge of the practict
of the trade of plumbing. Applicants shall have served four yea:r~
apprenticeship at the plumbing trade. Renewal of certificate of
competency shall be made annually on or before the first day of
January upon payment of a renewal fee.
113.6 Master Plumber's certificate of competency--Exhibitior. of
statement from plumbing inspector prerequisite to examinatj 0':
The Board of Plumbing Examiners shall not examine any
applicant for a master plumber's certificate of competency.unless
such applicant shall have exhibited to the Board a statement from
the plumbing inspector certifying that such applicant has cornplie,
with all the requirements pertaining to such examination.
All applicants for a master plumber's certificate of
competency shall not be less than twenty-one years of age,
citizens of the United States of America, and shall have served
one year as a licensed journeyman plumber in the city under a
duly regis tered mas ter p ltnnber, or equi va len t experience.
I i I
113.7 Examination prerequisite to grant.
A master plumber's certificate of competency shall be
granted by the Board of Plumbing Examiners after an examination
as provided in Section 113.8.
113.8 Scope of examination.
Applicants for a master plumber's certificate of competency
shall be examined as to their knowledge of the practice of the trade
of plumbing, their knowledge of the regulations governing the in-
stallation of plumbing in the city and their knowledge of physics
and mechanics insofar as they apply to the plumbing and designing.
Such applicants shall also be examined as to their ability to lay
out, plan and supervise plumbing work and they shall generally
demonstrate to the Board of Plumbing Examiners their fitness properly
and intelligently to conduct the business of the master plumber in
the city.
113.9 Grant and authority.
'. .
Upon satisfactorily passing the requisite examination given
by the Board of Plumbing Examiners an applicant for a master
plumber's certificate of competency shall be granted a certificate
as a master plumber with authority to conduct the business of
plumbing in the city.
113.10 Re-examination.
In case of the failure of an applicant for a master plumber'f
certificate of competency to pass the examination given by the Boare
of Plumbing Examiners, he shall be eligible for re-examination at
the next scheduled examination. Such applicant may not take more
than two examinations in any twelve-month period.
113.11 Renewal
The holder of a certificate of competency as a mq.ster plumbm
who continues in active business or occupation shall annually, on
or before the first day of January renew such certificate.
A renewal certificate of competency as a master plumber shaU
be granted upon '\lritten application, filed '\lith the Board of Plumbir g
Exami.ners showing that the personal qualificatoions of the holder
of the certificate of competency in question remain unchanged, unle~s
it is made to appear by affidavit filed with the Board charging
that the applicant is no longer competent or entitled to such re-
newal certificate, in which event the rene,V'al certificate shall not
be granted until the applicant shall have undergone the examination
herein above required; provided, however, that the holder of the
certificate in question shall have written notice of the filing of
such affidavit and, at a meeting of the Board held for the consider-
ation of the certificate in question, shall have the right to be
heard.
113.12 Effect of failure to renew within sixty days.
If any certificate of competency as a master plumber is not
renewed by the holder 't\lithin sixty days after expiration, the plumb( r
to whom same was issued shall not engage in business as a master
plumber, nor shall a certificate of competency be issued to him uni: 1
he shall have made application tn, and have been examined by the
Board of Plumbing Examiners. The fee for such examination shall
be the same fee provided for an original examination.
II I .
113.13 Revocation.
Any certificate of competency as a master plumber may be
revoked by the Board of Plumbing Examiners at any time, upon the
filing, in writing and under oath, with the Board, of sufficient
charges showing the holder of the certificate to be then incompeten:
or guilty of a wilful breach of the rules, regulations or require-
ments of the Board or laws or ordinances relating to plumbing or
upon other grounds sufficient for the revocation of the certificate
in question. The holder of the certificate in question shall have
written notice of such charges or grounds and, at a meeting of the
Board held for the consideration of such revocation, shall have the
right to be heard.
~
An emergency exists and this Ordinance shall be in full force and
effect from the date of passage.
First Reading: June 11, 1973
Second Reading: June 18, 1973
Adopted by the Council of the City of Virginia Beach, Virginia, on the
" .
18th' day of
June
, 1973.
ITEM #6016
On motion by Councilman Malbon, seconded by Councilman Waterfield, 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 on second reading the following Ordinance to amenc,
and reordain the Virginia Beach Plumbing Code by establishing a Board of
Plumbing Appeals: .
I, I
AN ORDINANCE TO A}ffiND VIRGINIA BEACH
PLUMBING CODE BY ESTABLISHING A BOARD
OF PLUMBING APPE..A.LS .
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
-
That the Plumbing Code of the City of,Virginia Beach (Southern
Stan~ard Plumbing Code, 1971 edition, including 1972 revisions) is
amended and reordained to read as follows:
~
Add Section 114
Board of Plumbing Appeals
114.1
Establishment
A board of plumbing appeals is hereby established.
114.2
Composition; appointment and term of members; filling
vacancies.
The board of plumbing appeals shall consist of six
members, as follows: One licensed and registerd architect,
one licensed and registered engineer, one licensed and
. 4 registered building contractor, one licensed and registered
master plumber holding a certificate of competency as such,
- all of whom shall be appointed by the city council, together
with the building inspector and the plumbing inspector who
shall be ex officio members.
The first four above-named members shall be appointed
to serve in the first instance, two for the term of one
year and two for the term of two years, respectively and
thereafter for terms of two years each.
A member appointed to fill a vacancy on the board
shall serve for the unexpired term to which he is
appointed.
114.3
Compensation of members
.
The members of the board of plumbing appeals, shall
serve without compensation.
114.4
Quorum
A quorum of the board of plumbing appeals shall
consist of a majority of the appointed members.
114.5
Secretary
The building inspector shall act as secretary to
the board of plumbing appeals. The secretary shall
keep minutes of the proceedings of the board.
114.6
Procedural rules and regulations
The board of plumbing appeals shall adopt from
time to time, with the approval of the city council,
rules and regulations for its procedure.
II I I
114.7
Meetings to be public
All meetings of the board of plu~bing appeals shall
be public.
114.8
Posting of rulings or orders
Any ruling or order of the board of plumbing appeals
shall be posted for public inspection in the office of
the plumbing inspector.
114.9
Appellate procedure
(a) Any person taking exception to a ruling of the
~lumbing inspector as to the method of construction or
use of materials not specifically covered in this chapter
may appeal the~efrom to the board of plumbing appeals,
and the board may review any order or decision of the
plumbing inspector relating thereto. The board shall
hear the intervention of any interested person.
" 4
In a specific case where there are practical
difficulties of construction or arrangement in the way
of carrying out the strict letter of any provision of
this chapter or where there is a reasonable doubt as
to the exact meaning of any section thereof, as applied
to a specific case, or where unnecessary hardship would
thereby result, the board may in any such specific case,
after due hearing, recoIT~end variance in the provisions
of this chapter so that the intention of this chapter shall
be carried out and substantial justice done. The action
of the board thereon shall be final.
(b) Fees
Notice
thirty (30)
inspector.
appeal.
(c) Variations and Modifications
of appeal shall be in writing and filed within
days after decision is rendered by the plvmbing
A fee of $25.00 shall accompany such notice of
(1) The Board of Plumbing Appeals, when so appealed
to and aftpr a hearing, may vary the application of any
provision of this code to any particular case when, in
its opinion, the enforcenent thereof would dp manifest
injustice, and would be contrary to the spir1t and purpose
of this code or public interest, or when, in its opinion
the interpretation of the plumbing inspector should be
modified or reversed.
. .
(2) A decision of the board of plumbing appeals to
vary the application of anv provision of this code or to
modify an order of the plumbing inspector shall specify
in what manner such variation or modification is made,
the conditions upon which it is made and the reasons
therefor.
(d) Decisions
(1) Every decision \Jf the board of plumbing appeals
shall be final, subject, however, to such remedy as any
aggrieved party might have at law or in equity. It shall
III '
be in writing and'shall indicate the vote upon the
decision. Every decision. shall be promptly filed in
the office of the plumbing inspector and shall be open
to public inspection; a certified copy shall be sent by
mail or otherwise to the appellant and a copy shall be
kept publicly posted in the office of the plumbing
inspector for two weeks after filing.
(2) The board of plumbing appeals shall, in
every case, reach a decision without unreasonable
or unnecessary delay.
(3) If a decision of the Board of plumbing
appeals reverses or modifies a refusal, order, or
disallowance op the plumbing inspector, or varies the
application of any provision of this code, the plumbing
inspector shall immediately take action in accordance
with such decision.
First Reading: June 11, 1973
Second Reading:June 18, 1973
This ordinance shall be effective from date of passage.
. .
Adopted by the Council of the City of Virginia Beach on the
18th
day' of
June
, 1973.
II'
ITEM #6017
On motion by Councilman Gardner, seconded by Councilman Ferrell, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Rob~rt 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 to repeal Chapter 28,
Sections 28-1 through 28-6 inclusive, relating to the registration of
certain employees:
~
MAYOR CROMWELL RETURNED TO COUNCIL CHAMBERS
Requested by City Manager
AN ORDINANCE TO REPEAL CHAPTER 28,
SECTIONS 28-1 THROUGH 28-6 INCLUSIVE,
RELATING TO THE REGISTRATION OF CERTAIN
EMPLOYEES
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B~ IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Chapter 2a, Sections 28-1 through 28-6 inclusive, of the
Code of the City of Virginia Beach, is hereby repealed.
An emergency exists and 'this Ordinance shall be effective from
.
the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the
18th day of
June
1973.
ITEM #6018
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., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the following Ordinance to amend and reordain
Ordinancc Number 425 of the City Code pertaining to the regulation of
family tabletop commercial rccreation ccnters:
I' I I
AN ORDINANCE TO AMEND ORDINANCE NO. 425
PERTAINING TO THE REGULATION OF FAMILY
TABLE TOP COMMERCIAL RECREATION CENTERS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA :
That Ordinance Number 425 be amended and reordained to read as
follows:
A. A "farr,i1y table top commercial recreation center" within the
meaning and application of this ordinance is defined as any estab1ish-
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ment where footsba11, table tennis, shuffleboard or any like game of
skill or science is displayed for public patronage, where the insertion
of a coin, slug or token or the payment of a fee is required and where
three or more tables for such activity are used. There is excepted
from the regulations contained herein those establishments duly licensed
and regulated by the Virginia Alcoholic Beverage Control Board.
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B. No person shall operate a family table top commercial recreatior
center without first obtaining a permit from the Chief of Police or his
authorized delegate. Application for such permit shall be accompanied
by a fee of $20.00 which shall not be refundable and shall contain the
following information:
1. Name and address Qf the applicant, age, social
security number, race, sex, date and place of birth,
and where pertinent the relationship of the applicant
to any company, corporation or other entity which has
any interest in the ownership or management of the
center.
2. Prior criminal convictions, excluding traffic
offenses, of the applicant, if any.
3. Prospective location of the center.
4. Maximum number of patrons center will accommo-
date.
5. A list of all employees who are expected to
serve in a managerial capacity, in the center.
6. A certification by the applicant that all
requirements of this ordinance, as herein set
forth, have been complied with.
C. Upon receipt of an application for a permit, the Chief of
Police shall immediately cause an investigation to be made concerning
the qualifications of the applicant and whether the proposed center is
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in compliance with this ordinance. The Chief of Police shall grant or
deny such permit and shall notify the applicant of his action within
thirty days of the filing of the application. If the Chief of Police
denies such permit, he shall state in writing his reasons for such
action. Anyone of the following factors shall constitute grounds
for denial of a permit for operation of a center:
1. A-finding by the Chief of Police that the
applicant 'has falsified his application in a
material manner.
2. A finding by the Chief of Police that the
applicant or any of his designated managerial
employees ~as a criminal record which reveals
any convictions for violations of any drug control
laws or any other pattern of criminal misconduct.
involving moral turpitude.
3. A finding by the Chief of Police that the
applicant consistently fails to cooperate with
law enforcement personnel in the exercise of
their official duties.
4. A finding by the Chief of Police that the
application is not properly completed as required
herein.
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5. A finding by the Chief of Police that the
, proposed center fails to comply with the provi-
, siogs of this ordinance or any other ordinance.
No other factors shall be sufficient grounds for denial of an
application for a permit.
D. The Chief of Police may revoke or suspend for a period of
thirty days the permit for the operation of a family table toR, commer-
cial recreation center if he finds:
1. That the premises have been declared a
common nuisance by a court of competent juris-
diction.
2. That the permittee has consistently failed
to operate the center in an orderly manner.
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3. That the permittee has failed to take prompt
and vigorous action to prevent violations of
criminal statutes occurring on the premises which
are known or should have been known to the
permittee.
t~. That circumstances exist ,,,,,hich would have
justified a denial of such permit at the time
of its issuance.
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5. That the 'permittee has failed to comply with the
provisions of this ordinance.
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A permittee shall be entitled to. a hearing before the Chief of
Police before such permit is revoked or suspended. The Chief of
Police shall give the permittee thirty days notice of his intention
to revoke or suspend such permit along with his grounds for revocation
or suspension by certified mail, return reciept requested. The hearing
shall be held not more than twenty days after giving of the notice.
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E. No permit issued under this ordinance shall be assignable in
any manner whatsoever. When the permittee shall cease to operate the
center for a period of sixty days, the permit shall be void.
F. No center shall be operated except in compliance with the
following operating requirements provided that requirements 6 and 7
shall not be required of any center operating lawfully prior to the
.E}ffective date' of this ordinance.
1. The center shall be illuminated throughout
its interior at a level of forty foot candles.
2. The center shall provide seperate rest room
facilities for both sexes.
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3. No minor, under the age of sixteen years,
shall be allowed to patronize the center's game
tables and no minor, under the age of eighteen
years, shall be allowed to remain in the center
between the hours of 12:01 a.m. and 5:00 a.m.
unless accompanied by their parent or guardian.
4. The center shall at all times be under
management and control by a person at leasF
eighteen years of age who shall be on the pre-
mises of the center at all times during the
hours of operation.
5. The center shall have no partitioned or
closed off areas other than those for toilet
facilities, office space and storerooms.
6. The center shall be located on the ground
level floor of the building in which it is
situated; it shall also have a window or windows
with a total of not less than one hundred square
feet of glass which shall not be covered or
otherwise obstructed during hours of business.
7. The center shall provide permanently
maintained off-street parking for personnel
and patrons at the rate of one and one-half
parking spaces for each game table or machine
display~d whether in use or not.
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G. This ordinance shall be effective sixty (60) days from the
date of its passage.
First Reading: June 18, 1973
Second Reading: '
Adopted by the Council of the City of Virginia Beach, Virginia,
day of
, 1973.
on the
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On motion by Vice Mayor Ervin, ~econded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the following Resolution urging the Governor of
the Commonwealth of Virginia to immediately establish a priority
allocation system for gasoline, diesel fuel and heating oils that will
ensure adequate supplies at reasonable rates for Public Safety, Public
Transportation, "Heat and Public Power Generation:
RESOLUTION
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A RESOLUTION URGING THE GOVERNOR OF THE
COMMONWEALTH OF VIRGINIA TO I~L~DIATELY
. ESTABLISH A PRIORITY ALLOCATION SYSTEM
FOR GASOLINE, DIESEL FUEL AND HEATING OILS
TlffiT WILL ENSURE ADEQUATE SUPPLIES AT
REASONABLE RATES FOR PUBLIC SAFETY, PUBLIC
TRANSPORTATION, HEAT AND PUBLIC POWER GENERATIOi'J.
" I:
WHEREAS, municipalities are experiencing extreme
difficulties in procuring fuel required to provide essential
public services~ now, therefore,
.
'BE IT' RESOLVE0 by the Council of the City of
Virginia Beach, Virginia:
Sec,tion 1: - That the Council of the City of
Virginia BOuch urg"es the Governor of the CorlunoiiwealUl of
Virginia to immediately establish a priority allocation system
.
for gasoline, diesel fuel and heating oils that will ensure
adequate supplies. at reasonable rates for public safety,
public transportation, heat and public power generation.
.
Section 2: - That the City Clerk is directed to
send a certified copy of this resolution to the Governor of
the Commonwealth of Virginia, to the two senators from Virginia,
to the Congress of the United S'tates and to the Honorable
G. William vil'hitehurst, the representative of the Second
Congressional District in the Congress of the united States.
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Section 3: - That this resolution shall be in effect
from and after its adoption.
Adopted by thr2 Council June 18, 1973
Effective June 18, 1973
TRUE COpy
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Richard J. Hc:bb()n, C i t~y ClcrL
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ITEM #6020
On motion by Vice Mayor Ervin, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E-. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the following Resolution urging the Office of
Emergency Preparedness to immediately establish a priority allocation
system for gasoline, diesel fuel and heating oils that will ensure
adequate supplies at reasonable rates for Public Safety, Public
Transportion, Heat and Public Power Generation:
RESOLu'rION
~
A RESOLUTION URGING THE OFFICE OF EMERGENCY
.PREPAREDNESS TO I~~EDInTELY ESTABLISH A
PRIORITY ALLOCATION SYSTEM FOR GASOLINE,
DIESEL FUEL AJ.'JD HEATING OILS THAT WILL
ENSURE ADEQUATE SUPPLIES AT REASONABLE
RATES FOR PUBLIC SAFETY, PUBLIC TRANS-
PORTATION, HEAT AND PUBLIC POWER GENERATION.
'. ~
WHEREAS, municipalities are experiencing extreme
difficulties in procuring fuel required to provide essential
public services; now, therefore,
BE IT RESOLVED by the Council of the City of
Virginia Beach, Virginia:
Section 1: ~ That the Council of the City of
Virginia Beach urges tile Office of Emergency Preparedness
to immediately establish a priority allocation system for
gasoline, diesel fuel and heating oils that will ensure adequate
supplies at reasonable rates for public safety, public trans-
portation, heat and public power generation.
Section 2: - That the City Clerk is directed to
send a certified copy of this resolution to the Office of
Emergency Preparedness, to the two senators from Virginia,
to .the Congress of the Uni-ted States and to the Honorable
G. William Imi tehurst, -the representative of the Second
Congressional District in the Congress of the United States.
....
Section 3: - That this resolution shall be in effect
from and after its adoption.
Adop::ed by the Cou~lG:Ll June 18, 1973
Effective June lU, 1973
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On motion by Vice Mayor Ervin seconded by Councl'lman
r d d f' Gardner, and by
ccor e vote as allows:
Ay,es: Councilme~ John A. Baum, Robert II. Callis, Jr., Mayor Robert B
Cromwell, Jr., Vlce Mayor F. Reid Ervin, George R. Ferrell, Charles W:
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne Donald
H. Rhodes, and Floyd E. Waterfield, Jr. '
Nays: None
Absent: None
City Council approved the following Resolutl'on . h
of th U't d S urgIng t e President
e nl e t~tes t? immediately establish a priority allocation
system for gaS?llne, dlesel fuel and heating oils that will ensure
adequate su~plles at reasonable rates for Public Safety Public
Transportatlon, Heat and Public Power Generation: '
RESOLUTION
i
A RESOLUTION URGING THE PRESIDENT OF THE
UNITED STATES TO I~~EDIATELY ESTABLISH A
PRIORITY ALLOCATION SYSTEM FOR GASOLINE,
DIESEL FUEL AND HEATING OILS TfffiT WILL
ENSURE ADEQUATE SUPPLIES AT REASONABLE
RATES FOR PUBLIC SAFETY, PUBLIC Tlli~NSPOR-
TAT ION , HEAT AND PUBLIC PO\vER GENERATION.
WIIEREAS, municipalities are experiencing extreme
difficulties in procuring fuel required to provide essential
public services; now, therefore,
. ~
~BE IT,RESOLVED by the Council of the City of
Virginia Beach, Virginia:
Section 1: - Tha.t the Conncil of the City of
Virginia Beach urges the President of the United States to
immediately establish a priority allocation system for
gasoline, diesel fuel and heating oils that will ensure
adequate supplies at reasonable rates for public safety,
public transportation, heat and public power generation.
.
Section 2: - That the City Clerk is directed to
send a certified copy of this resolu,tion to the President of
the United States, to the two senators from Virginia, to the
Congress of the United S'tates and to the Honorable
G. William Whi tehurs't, the representative of the Second
Congressional District in the Congress of the Uni,ted States.
.~.
Section 3: - That this resolution shall be in effect
from and after its adoption.
Adopted by the Conncil JUl1C'. 18, 1973
Effec.tive June 113, '1973
TRUE COpy
'1' ES'1'E:
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Richard J., klc:J}X)1l, C'i ty Clerl:
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ITEM #6022
On motion by Councilman Payne, seconded by Councilman Holland, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Rob ert H. Call is, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the followIng Viewers Report relative to closing
a portion of Rosemont Road in the Princess Anne Road, with the stipulation
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that a 20' utility easement be retained by the City of Virginia Beach:
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On Motion made by Mr.
, seconded
by Mr.
, and by
vote, the
following ordinance was adopted:
AN ORDINANCE CLOSING, VACATING
AND DISCONTINUING PORTIONS OF THE STREET
KNOWN AS ROSEMONT ROAD, LOCATED IN PRINCESS
ANNE BOROUGH, CITY OF VIRGINIA BEACH, VIRGINIA
.#
WHEREAS, it is the judgment of the Council that certain
portions of the said street should be closed, vacated and dis-
continued:
NOW, THEREFORE, BE IT ORDAINED, by the Council of the
City of Virginia Beach, Virginia:
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Section 1: That those portions of the said street
located in the City of Virginia Beach, as hereinafter described
are hereby closed, vacated and discontinued as a public street
in the City of Virginia Beach, Virginia, said portions of said
street not being needed for public use and travel:
ALL THOSE certain portions of Rosemont Road
located in the City of Virginia Beach, Virginia
(excluding, however, a 20' utility easement within
said portions which is to be retained by the City
of Virginia Beach, Virginia), as shown on that cer-
tain plat entitled "STREET DEDICATION & CLOSURE PLAT
OF A POR?ION OF ROSEMONT ROAD IN GREEN RUN P.U.D.
SUBDIVISION, PRINCESS ANNE BOROUGH, VA. BEACH, VA.,"
made by Talbot, Wermers and Associates, Ltd., Engi-
neers, Planners and Surveyors, Virginia Beach,
Virginia, dated February 12, 1973, attached hereto
and made a part hereof, and with reference to which
plat said portions of Rosemont Road are bounded and
described as follows:
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Parcel I
Begin at a point in the western line of
Rosemont Road designated Point 'A' on the afore-
mentioned plat; and from said point of beginning
thence along a curve to the left having a delta of
160 32' 21", a radius of 690.00 feet, an arc distance
of 199.18 feet to a point; thence along a curve to
the right having a delta of 10 50' 48if, a radius
of 1,318.24 feet, an arc distance of 42.49 feet to
a point; thence S. 450 31' 36H W. a distance of
127.34 feet to a point; thence N. 440 28' 3411 W.
. a distance of 90.00 feet to a point; thence N.
450 31' 3611 E. a distance of 127.34 feet to a point;
thence along a curve to the left having a delta
of 90 49' 09", a radius of 1,228.24 feet, an arc
distance of 210.49 feet to Point 'A', the point of
beginning, said parcel containing 0.494 acre, more
or less.
Parcel II
Begin at a point in the eastern line of
Rosemont Road designated Point 'B' on the afore-
mentioned plat; and from said point of beginning
thence along a curve to the right having a delta of
30 52' 50", a radius of 600.00 feet, an arc distance
. r of 40.64 feet to a point; thence N. 230 54' 16" E.
a distance of 355.06 feet to a point; thence along
a curve to the left having a delta of 40 53' 35",
a'radius of 950.00 feet, an arc distance of 81.13
feet to a point; thence N. 190 53' 1811 E. a distance
of 89.48 feet to a point; thence along a curve to
the right having a delta of 240 47' 46", a radius
of 1,318.24 feet, an arc distance of 570.50 feet to
Point 'B', the point of beginning; said parcel con-
taining 0.228 acre, more or less.
Begin a portion of the'same property dedicated
to the City of Virginia Beach, Virginia, by plat
entitled "PLAT SHOWING STREET DEDICATION TO CITY
OF VIRGINIA BEA.CH, VIRGINIA, PRINCESS ANNE BOROUGH,11
dated January 18, 1967, made by Frank D. Tarrall, Jr.
and Associates, and recorded in the aforesaid.Clerk's
Office in Map Book 72 at page 6.
Section 2: That this ordinance shall be in effect
from and after thirty (30) days from the date of its adoption.
Virginia, on
Adopted by the Council
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of the City of Virginia Beach,
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ITEM #6023
On motion by Vice Mayor Ervin, seconded by Councilman Gardner, and by
recorded vote as follows:
.""'"
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and FloydE. Waterfield, Jr.
Nays:' None
Absent: None
~
City Council denied the following Viewers Report relative to closing
a portion of 31st Street in the Lynnhaven Borough:
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APPLICATION FOR A CLOSURE OF A PORTION OF 31st
STREET, LYNNHAVEN BOROUGH
To the Honorable City Council
Virginia Beach, Virginia
Your: Petitioners, James M. Moore and Sue C. Moore, and James C.
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. Cheshire and Rosalie M. Cheshire, respectfully represent:
1. That they are the respective owners in fee simple of that property
, shown on the drawing attached known as Lot A, Plat of Subdivision of Property.
:of Lake George Corporation, West of Block 16, Cape Henry Section D, Virginia
,Beach, Virginia, fronting on the south side of 81st Street, ,and Lot A, "Resub-
.. . division of property of Robert S. Lindsley, West of Block 14, Cape Henry I
- :'Section D, Virginia Beach, Virginia, fronting on the north side of 81st Street.
,
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~. That no property of any other person will be adversely affected by
l: the closing, vacating and discontinuing of that portion of said street being the
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;: mos t westerly one hundred (loo ') feet of 81st Street abutting the Seashore State
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:; Park nor would any inconvenience result from discontinuing the same.
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;: 3. That your Petitioners, in accordance with Chapter 15.1 of the Cod,~
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!! of Virginia have caused notice of this application to be posted at the Court
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House of the Circuit Court of the City of Virginia Beach, Virginia on May 10,
19731 and at two other publiC places in the City of Virginia Beach at least ten
days before the appointment of viewers of the subject property. Executed
copies of said notice and affidavit of pos ting are filed herewith as part of this
petition.
IN CONSIDERATION WHEREOF, your Petitioners pray that Council
a ppoint not less than three nor more than five viewers to view that portion of
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said street being the most westerly one hundred 000') feet of 81st Street !
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abutting the Seashore State Park und to report in writing whether in their opinion i
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any,
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and if any, what inconvenience would result from the closing, vacating and
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; discontinuing of said street; and that an ordinance be adopted closing, vacating
~:and discontinuing that portion of said street being the most westerly one hundred
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:;(100') feet of 8151 Street abutting the Seashore State Park as indicated in red
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r--- ~ James M. Moore :
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lion the drawing hereto attached"
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I: 1518 Atlantic Avenue
I) Virginia Beach, Virginia
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ITEM #6024
On motion by Vice Mayor Ervin, seconded by Councilman Malbon_, and by
recorded vote as follows;
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Mu~ray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the following Viewers Report relative to closing
a portion of Holly Boulevard between 52nd and 53rd Streets in the
Lynnhaven Borough, with the stipulations that the City of Virginia
Beach'retain the 20' utility and drainage easements:
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OiWINNlCl NO.
AH orwUlAWCE ClOSIHG. VACATING
AIlO 'O!!CONTl.'.;'Uroo A SIxtY (60' J FOOT'
STRrfT OR BOHLEVA!.1) LOCArrV 1~ lIfU1r.iHAVV-J gortOWH
IN TIff CITY OF VTRGIHIA eEACH, Vn:GIHIA
OfHfIW, PUP" JCD~t tMt CHARLfS NJUIn ad ELIZABETH Qt.
HTJAm; RICHARP V. TAYLOE tU&d HE~~lfTTA C: TAYLOE] S. DAL! SCOTT, Ji. 4I&d
E.lIZABETH J. SCOTT; 4Itd fflLLIAU T. CULPEmlt 4NJ .NATALIE M. CULJ'E"ER_aU
I
Mb ~Il t.IJ tIt4 CUIj CawaeU 0' tAt CU1j 06 v~ kA4A, V~..ul' !
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b Ialw. .the. hfltUu&t&\ dueAibt.d. wt4e.w.t.Dpe.d ..u.t.g (60' J toD.t.a.tu&t 0.\
beul&VMd eU4uJ., ~ tutd d.i4ulttUuwt .. dcd.fI "oUe4i W
WHWAS, aU the. ~f.U 4b~ 6tUd ~ 0J1 bout..t.~ 1la.1I&
lLt4uutld .t1\. 44-i.d. ~ 0;\ boule.VMd tJJ be. el.o4Ui a.nd
WEtEAS, ~ft eau Mdt. tJJ .tk~ c.i..4I ,~ CcmaU'UII
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, tUU:l to .tAt CUrl CowteU., 4I!d, pwuwuz.t b:J the. Uatutu ,u,. 4u.eh u.4U ftCZde ct""~ ;
.
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pItOv.!JLc.d, tht. CcUMJ.t 4P~ V~ wM h4vt. ~ tD .tM. counea thr.;,e i
M .u.eoIlV~ .t:D the. pubti~ ~ .to p.tt..i.wr..U .Lnd.l>>{.f{Jnu ~u.t.d "uuU tua
~ eto~, va.utUle 41Ul ~ntiJw.a.nc.4!.i a.tUl
WHEREAS, ..it ~ tht j~t 0' tht. CouM.U. thAt tilt. 44.l.d
4.tJt.ut ~ bDutava.U 6MuJ..d be. clo4e.d, uc.ea.tt.d 41UJ. d.Ue.D~
1J{)ff, THERfFcR.E. be..it Om\niECJ BY Tl-ff CCWJcn OF THE CITY OF
--
Vl~G1N1A &EACH~ VIRGINIA.
.su.tiD1t ,. Tha.t the. ~tUd ~ (60' J ftoot 4.tU.et O~ b~
du,eMbtA ~l.lu:4ted In tJi& LWMMVtJI. Bo.\Ou.gh. 01 :the. c.l4 " v~
8ueA, v.lJtg~,u hVf.w!I et.D~e.d, \la.C4t~ vul J.Ueon.ti.1uu.d, 44J..d U-uU 01\
btJu.tc.ucM M.t bWtg nuduJ. 1M publ.u. u.6tt
ALL nrAT eMUl.n UJtdt.vf.loped 4.t\u.t e1\
baul.evaJtd, .6~.tc. .i.n tht L~;'?1..:ti14Vfjt go.\au.gk
o 6(Jl~ CU,,) (j 6 V,~q<.r..Ll i3t-(!.:.h_ V~'l.g,i.;U4,
,WIf (.so' J 6 ;!..(I...t ..in (,t'.-i.dtlt "i.LWu.nq )Jt a. :;;)(1.6<
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Ustft 06 5f,d S-t.tt~e,t ,old tiu;. Sau.t1Lt1tl..y IMt 06
" .
;KEr. SPAIN AND LYLE
~~~~"~Y:E:~~AB~VD. 'I
), BI: X 2241
.. Bl .\CH. VA, 23452
I i I
Ii
53ltd S.tJtee;t -immecU..aXely adjac..en:t ;to ;the WV:deMy
line 0& Lo~ T~ee (3) and Seven (7) 00 Bioc..k
F.io;teen (15 j, a.6 .6hown upon ;that c..eftta..in map
en;t)..tled "UbeJw1een, .6uJ1.veyed 6011. EmeJl..6o n -Mcu uJ1.y ,
by J. H. MJltholand, Coun:ty SuJ1.veyolt, dated June,
1926", wfUc..h map JA 06 nec..ond in ;the CleJLk '.6
0.o6.ice 00 ;the Cinc..u.it Cou.ltt 06 ;the C.ity 06
Ving.inia. Beac..h, VVrg.irU.a., in Map Book 7, at Page 150.
Section 2: That a :twen:ty (20') -ooo;t ecuemen:t JA heJLeby
expneA.6iy lteAeJLved un:to ;the Cily 06 Ving..&tici Bea.c..h, Vinginia., 601t dJr..a..i.na.ge
and u.tili...ty puJ1.pO.6eA on1.y; .6a..id ea..6e.men.t Itunn.{ng down ;the m.idLi..n.e 06 ;the
boulevaJtd hV1..Ufl. do.6 ed onom ;the noftth line 06 52 nd S.tJtee..t ;to ;the .6 ou.th line
06 53nd S.tJtee;t.
Section 3: That ;tlUJz.;ty (30) day.6 a6;teJL ;thi.6 date, a c..opy 06
;t1U.-6 Oltdinanc..e, c..eJL:tt6.ied by ;the CleJLk, be .6pltea.d. upon ;the pubi.ic.. ltec..oltd.6.tn
;the Cleltk'.6 066.ic..e 06 ;the C-Utc..t.tU: Cou.ltt 06 :the Cay 06 Ving..&t.<-a. Beac..h, Vin-
g..i..nia. and .indexed .in a uke manneJL cu a deed 06 iand6.
day 06
TIU.-6 ORVINANCE NO.
, 1973.
enacted and appltoved ;t1U.-6
If !fl.
- 2 -
I' II I
ITEM #6025
On motion by Councilman Payne, seconded by Councilman Waterfield, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Rober~ H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervln, George R. Ferr~ll, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtls Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the following Ordinan~e to amend an~ r~ordain
Sections 8-1 and 8-2 of the City Code creatlng and establlshlng a
fire district for the City of Virginia Beach:
~
Jt4i94
~
AN ORDINANCE TO AHEND AND REORDAIN SECTIONS
8-1 AND 8-2 OF THE CODE OF THE CITY OF
VIRGINIA BEACH CREATING AND ESTABLISHING
A FIRE DISTRICT FOR THE CITY OF VIRGINIA
BEACH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
. I
". VIRGINIA:
That Section'8-l and 8-2 of the Code of the City of Virginia
Beach is amended and reordained to read as follows:
That the Fire District of the City of Virginia Beach will
consist of the area as set forth on the attached map and incorporated
as a part of this Ordinance and on file in the office of the Building
Official and recorded in Map Book
at Page
in
the Clerk's Office of the Circuit Court of the Cit~ of Virginia
Beach. The type of construction for this District shall conform
to all fire district requirements as set forth in the Building Code
of the City of Virginia Beach. "
Type VI construction as described in the Building Code of the
City of Virginia Beach shall be permitted only in those areas zoned
for agricultural, single-family, duplex and miltiple-family) In
all other zoned areas of the City, Type V construction or better shall
be used.
This Ordinance shall be effective on and after June 1, 1973.
Adopted by the Council of the City of Virginia Beach on the
I f) ;t..." day of Q<-lL--L- , 1973.
(I
;\ I II
ITEM #6026
On motion by Councilman Malbon, seconded by Councilman Payne, and by
recorded vote as follows:
Ayes: Councilmen John. A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the transfer of $10,002 from Reserve for
Contingencies in oider to pay the Southeastern Virginia Planning District
Commission the City's share of the Traffic Operations Study (TOPICS).
ITEM #6027
On motion by Counci1man Ferrell, seconded by Councilman Holland, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the low bid of Contractors Paving Company, Inc.,
":tn the amount of $745,335.71 for the paving of relocated South Lynnhaven
Road.
ITEM #60Z8
On motion by Councilman Malbon, seconded by Councilman Ferrell, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, ~. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the State-Local Hospitalization contract for
Community Mental Health Center and Psychiatric Institute, which was
submitted by the Social Services Department, for the period April 16
through June 30, 1973, in the amount of $40.00 per patient day, or
$8.00 per visit for outpatient and/or emergency room service.
I' I
ITEM #6029
On motion by Councilman IIolland, seconded by Councilman Waterfield, and ty
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council appro~ed the following applications for Bingo-Raffle permit~:
a)
Saint Gregory the Great School
Star of the Sea Catholic Church
,#
b)
c)
d)
Father Habets Council 4632, Knights of Columbus
Aragona Community Recreation Center
ITEM #6030
On motion by Councilman Ferrell, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
'dardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
,
Nays: None.
Absent: None
City Council granted permission for the use of bond funds, in the
amount of $125,000 for the purchase of property relating to the
Columbus Street right of way.
ITEM #6031
On motion by Councilman Baum, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, J~., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
As there are certain supplemental tax bills that have to be remailed due
to error in the tax bills, City Council authorized the extension of the
deadline for the three hundred supplemental tax bills only, until.
July 20, 1973.
'II
ITEM #6032
..
On motion by Councilman Payne, seconded by Councilman Rhodes, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the following appointments to the CATV Evaluation
Committee: .
Representing financial management:
Mr. Lawrence B. Wales, Jr.
~
Representing telecommunications:
Mr. Loderic L. Kimpkins
Representing the Council of Civic Organizations:
Mr. Archie F. Coleman
Representing consumers:
Mr. William G. Thompson, Jr.
'. L
Representing City Government:
City Manager, or his representative
City Attorney, or his representative
Superintendent of Schools, or his representative
ITEM #6033
On motion by Councilman Waterfield, seconded by Councilman Rhodes, and by
recorded vote as follows:
./ .
Ayes: Councilmen John A.~aum,. Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, €harles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd.E. Waterfield, Jr.
Nays: None
Absent: None
City Council appointed Mr. Howard A. Morris to the Board of Electrical
Examiners. Mr. Morris is to fill the unexpired term of Mr. Wayne Flora.
ITEM #6034
Mayor Cromwell requested the City Manager to check into the possibility
of paying policemen for the day's they are subpeonaed to court and to
report on the estimated cost.
ITEM #6035
Mayor Cromwell reminded Council of the meeting Tuesday, June 19, 1973,
at 7:30 p.m., on the Comprehensive Zoning Ordinance.
ITEM #6036
Vice Mayor Ervin requested the members of the Boards and Committees
report to Council on June 25, 1973, their recommendations on the
various Boards and Committees.
I I
ITEM #6037
On motion by Councilman Gardner, seconded by Councilman Holland, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Crom\vell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council noted its intention to hold a closed meeting on Monday,
June 25, 1973 for the purpose of discussing items permitted for dis-
cussion under Section 2.1-344, Sub-paragraph 1 and 6 of the Freedom
of Information Act of the Commonwealth of Virginia.
ITEM #6038
On motion by Councilman Holland, seconded by Councilman Payne, and by
unanlmous vote, the meeting adjourned.
Cler ,
,
~
City of Virginia Beach,
Virginia
June 18, 1973
\