FEBRUARY 8, 1994 MINUTES
"WORLD'S LARGEST RESORT CITY"
Y (@OLjN(@IL
CITY COUNCIL AGENDA
FEBRUARY 8, 1994
CITY MANAGER'S BRIEFINGS - Council Chamber - 10:30 AM
A. CA.R.E. PROGRAM
Carol Williams, Housing Program Administrator
Housing and Neighborhood Preservation
B. LIGHT RAIL FEASIBILITY STUDY
James C. Echols, Executive Director
7idewater Transportation District
C. WATER CONSERVATION PROGRAM
Clarence 0. Wamstaff, Director, Public Utilities
D. SCHOOL CAPITAL IMPROVEMENT PROGRAM (CIP) - FINANCIAL IMPACT
Dean Block, Director, Management and Budget
ii. INFORMAL SESSION - Council Chamber - 12:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
ill. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend John 0. Ponder Ill
New Light Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1 . INFORMAL & FORMAL SESSIONS February 1, 1994
G. COUNCIL COMMirrEE REPORT
1 1986 BOND REFERENDA
William A. Schlimgen, Chairman
H. PUBUC HEARING
1 PLANNING
a. Petkion of VIRGINIA BEACH MARUN CLUB, INC. and WALTER CASON
BARCO for the d*sconbnuance- closure and abandonment of the following parcels
(VIRGINIA BEACH BOROUGH):
Parcel 1: Portion of Greensboro Avenue beginning at the Northwest
intersection of Greensboro Avenue and Medfterranean Avenue,
running a distance of forty-eight (48) feet along the Northem
property line (Southern boundary of Bk)ck 30, Shadow Lawn
Heights) and running in a Southeasterly direction to ft Southwest
intersection o Greensboro Avenue and Mediterranean Avenue,
containing 1327 square feet.
Parcel 2: Portion of Mediterranean Avenue, running a distance of forty-one
(41) feet along the Eastem property line (Western boundary of
Lot 1, Block 18, Shadow Lawn Heights) and running in a
Northwesterly direction to the Southwest intersechon of Greensboro
Avenue and Mediterranean Avenue, containing 1547 square feet.
Deferred for Compliance: January 28, 1992
Additional Deferrals: February 9, 1993, and August 11, 1992
Recommendation: ADDITIONAL TWELVE MONTH DEFERRAL
b. ApplicatiGn of DOLLY H. MASON for a Variance to Section 4.4(b) of the
Subdivision Ordinance which requires all lots created by subdivision to meet all
requirements of the City Zoning Ordinance re property at 3269 Coichester Road
(PRINCESS ANNE BOROUGH);
AND,
Application of DOUGLAS F. AND DOLLY H. MASON for a Condetional Use Permft
for a three (3)-lot subd*vision on the West side of Coichester Road, 1.27 miles
South of Sandbridge Road, containing 57.835 acres.
Recommendation: APPROVE BOTH APPLICATIONS
C. Application of C. RANDOLPH ZEHMER for a Condetional Use Permit for a
recreatqonaVamusement facility of an gutdoor nature (water slide/small amusement
Wft at the Northwest corner of Sandbridge Road and Sandfiddler Road,
containing 2.45 acres (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
d. Application of THE ESTATE OF BERNARD KROLL and LEONORA KROLL for
a Change of Zoneng from A-12 Apartment District toa-I
Communely Bus'ness District 150 feet more or less East of Holland Road
beginning at a point 600 feet more or less South of Warwick Drive, containing 2.2
acres (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
e. Application of FAMILY VENTURES 1, LC for a Condotional Chango of Zonana
Distroct Class*fication from AG-2 Agricultural D*strict to B-lA Lbmwted Co
Business at the Northwest comer of North Landing Road and George Mason
Drive, containing 3.5 acres (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
f. Ord toAMENDand REORDAIN Sections 901(a), 1001(a), 1501(b), 1511(c)
and 1521(c) of the City Zoning Ordinance re use regulations for satellits
wagering facilities.
Recommendation: APPROVAL
H. UNFINISHED BUSINESS
1. Schedules to review the Proposed FY 1994-1995 Operating Budget/Capital
Improvement Program (CIP).
1. NEW BUSINESS
1 COUNCIL-SPONSORED ITEMS:
a. Resolution urging support for House Bill 206 re prohibition of Menhaden fishing
boats in inshore waters. (Sponsored by Vice Mayor William D. Sessoms, Jr.)
b. Resolution requesting the General Assembly decline to enact House Bill 1151 re
taxation of pari-mutuel wagering on horse racing.
(Sponsored by Council Member Nancy K. Parker)
J. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK-S OFFICE at 427-4303
Hearing Impaired, call: TDD only at 427-4305
(TDD - Telephonic Device for the Dea@
Z'3/94cmd
AGENDA\2-8-94.PLN
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 8, 1994
Mayor Meyera E. Oberndorf called to order the CITY @AGER'S BRIEFINGS of the VIRGINL4
BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 8, 1994,
at 10:30 A.M.
Council Members Present:
John A. Baum, Linwood 0. Branci4 111, Robert W Clyburn, Robert K
Dear4 Louis P, Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy
K Parker and rice Mayor William D. Sessoms, Jr.
Council Members Absent.-
James W Brazier, Jr [ENTERED THE EXFCUTFVE SESSION]
Paul J. Lanteigne [ENTERED: 10:40 A.M.]
Kce Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank disclosed there were no matters
on the agenda in which he has a '@ersonal interest", as defined in the Act, either individually or in his
capacity as an officer of Central Fidelity Bank. 7he frice Mayor regularly makes this Disclosure as he
may or may not know of the Bank's interest in any application that may come before City Council.
- 2 -
CITY MANAGER'S BRIEFING
WILLIAM D SESSOMS JR
"CE M@YOR BW GREENIREE ARa@
'IRGINIA BE@@l. VIRGINIA 2315,
(50@) @55 513;@
February 8, 1994
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk's Office
Municipal Center
Virginia Beach, Virginia 23456
Re: Conflict of Interests Act
Dear Mrs. Smith:
In accordance with my letter to you dated August 10, 1993, 1 have thoroughly
reviewed the agenda for the February 8, 1994, meeting of City Council for the purpose of
identif*g any matters in which I @ght have an actual or potential conflict under the
Virginia Conflict of Interests Act. Based on that review, please be advised that, to the best
of my knowledge, there are no matters on the agenda in which I have a "personal interest,"
as defined in the Act, either individually or in my capacity as an officer of Central Fidelity
Bank. Accordingly, I respectfully request that you record this letter in the official records
of the Council.
Thank you for your assistance and cooperation in this matter.
Very truly yours,
@i/
William D. Sessoms, Jr.
Vice-Mayor
WDS,Jr./dmc
7his part of the program witi De conauctea in curijurl ... u,, @.... .....
offered their facility and certified boxing instructors at no cost.
February 8, 1994
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CITY MANAGER'S BRIEFING
C.A.R.E. PROGRAM
ITEM # 37704 (Continued)
77ie High Risk Youth Program was developed by Substance Abuse. 77iis program was composed of forty
children involving twenty sessions. Many of the youth have long histories of Poor performances,
behavioral anlor dfsciplinary problems. 7he Adolescent Assessment Referral System is a cornprehensive
approach to matching youth in need to appropriate services or prograim. If an adolescent exceeds the
cut-off score or endorses one or more red flags in a given functional area, an appropriate referral may
be made. 7he problematic Functional Areas represented in each component of the AARS are:
Substance Abuse
Physical Health Status
Mental Health Status
Family Relationships
Peer Relationships
Educational Status
Vocational Status
Social Skills
Leisure and Recreation
Aggressive Behavior and Delinquency
Classes are held twice a week (Mondays and Wednesdays) from 4:00 to 6:00 P.M. A parent or guardian
must attend the initial intakelassessment and also actively participate in two, two hour parenting sessions
held concurrently throughout the eight week session.
The 7Wird Annual @tbam Tournament will involve aver 600 children between 4he ages of 12 to 18.
77tis program involves seven weeks of basketball and is held at Bayside High School. 7he youth of
Virginia Beaci; especially 4hose from neighborhoods, enjoy this tournament because it not only demands
good sportsnwnship but the referees and coaches consistently encourage the development of self-esteem
motivation andpositive attitudes.
7he Departments of Agriculture and General Services have agreed to allow the VPI Extension building,
located on Birdneck Road, to be utilled as the C,4.R.E. Center. Mrs. Williarw itemized 4he C-A.P-E
funds:
PROJECT NAME AMOUNT OTHER MATCH
Cop Cards 3,600 100.00 None
(sponsor)
Neighborhood Plan 41,000 21,500
(Pilot Project Pecan Gardens)
Youth Forum 2,742 1,500
Youth Leadership Program 5,150 43,042
After School Tutorial and 7,500 2,720 46,428
Neighborhood Amateur Boxing (per team)
High Pask You4h Program 3,918 6,000
Basketball Tournament 5,00() 5,000
(In kind-
staff time
facility)
Utilities for Agriculture building 1,000 No rent-
free use of
bu' Iding
TOLT $69,910 $12'3,470
February 8, 1994
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CITY MANAGER'S BRIEFING
LIGHT RAIL FEASIBILJTY S7vDY
10:55 A.M.
ITEM # 37705
Robert E. Fentress, Chairman - Tidewater Transit District Commission, advised the TRT policy is
established by the 7TDC Chatrman Fentress introduced Jayne 91/2itney, Director of Program
Management and Project Manager for the Light Rail.
Mrs. "itney advised TRT completed several studies, which examined (he feasibility of providing
additional transit service in several congested corridors in South Hampton Roads. 77te studies in&cated
the most highly congested corridors; ani4 therefore the most suitable for ex@ed service were the Route
44 and 264 Corridor and the route to the Naval Base. 7he potential for Ught rail service was evaluated
in these cor?idors and the segment deemed most cost-effective by the Federal Transit A&ninistration for
first phase of rail passenger service way from the Pembroke Columbus Center through downtown NorfoLk
and to the Medical Center. 7he PTA approved the initiation of alternative analysis in September 1993.
In October FTA and FHAA jointly prepared planning regulations for metropolitan planning projects and
statewide planning projects. 7here will be a new process now to look at major capital investments in any
corridor in any area throughout the Nation. 7hey have expanded the criteria in which these major capital
investments will be evaluated. Mrs. 91/2itney quoted from the Federal Registrar: "77ie analysis shall
consider direct and indirect costs of reasonable alternatives and such factors as ability improvements,
social, economic and environmental effects, safety, operating efficiencies, land use and economic
development, financing and energy consumption.'
7he major capital investment process typically involves five steps:
1. System Planning
2. Alternative Analysis
3. Prefiminary Engineering
4. Final Design
5. Construcdon
System Planning has been completed. A statement of the regional goals and objectives for the
Transportation Corridor is reviewed with the region's problems defined A priority corridor is selected,
which in this case was the Route 441264 Corridor, and a small set ofpotentially cost effective alternatives
are reviewed 77tis phase being completed, FTA approved TRT moving into the next phase, Alternadve
Analysis. 77ie Priority Corridor is studied in much more detail under this process. A DRAFT
Environmentd Impact Statement is prepared 77iere are six steps within the Aftemadve Analysis:
1. Approval from F7A to proceed into this analysis.
2. Scoping process: Defines the roles and responsibilities of the
participadng agencies in the project.
3. Further define the alternative and methods utilized for ridership
estimation and costs.
4. Main technical work of the study, environmental h"cts, cost,
travel demand and funding scenarios will be examined
5. CommiUees involved will select the locally preferred mode of
alternative to be pursued.
6 Financing Plan will be developed and approved.
The public participation process is very important and will be carried through the beginning, middle and
end of this process. During the Scoping process, there will be public input concerning the development
of the public process. 77iree different committees will be involved: (1) Policy or Steering Commiuee; (2)
Technical Committee; ant (3) Expert Review Panel.
7he ultimate goal of TRT is to have its own independent source of finance.
February 8, 1994
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CITY MANAGER'S BRIEFING
WATER CONSERVATION PROGRAM
]]:50 AM.
ITEM # 37706
Clarence 0. Warnstaff, Director - Public Utilities, introduced Beth Ann Lawson, Water Conservation
Coordinator, and Joe Martin - Public Utilities.
In 1992 a Water Conservadon Awareness Commiuee was established with the Chair Person being Sarah
Goodrich. 7he following members were in attendance: Dr. Ted Willis - Tidewater Community College
and Mr. Dean Williana, representing the Association of Civic Leagues.
77te CommiUee is charged with the responsibility of being an activist and a catalyst for water
conservadon in the City. In February 1992, mandatory water restkctions were iinplemented and resulted
in two years of conservation success. Water demand decreased approximately 5% while @riencing a
corresponding 3% increase in the number of new water connections. 7he community residential per capita
remains one of the lowest among major United States cities. In partnership with the Water Conserpadon
Committee, a number of progranu have been instituted with efforts targeted to both indoor and outdoor
water use. Newspaper, televisio?; radio, community centers, school programs, landscaping, citizen surveys
and incentive rebates highlighted the 1993 program and remain the core of the 1994 conservadon
in@ives. A measure of behavioral change was evidenced during the week long January freeze. Demand
on the NorfoLk water supply rose from 67 MGD to 97 MGD, a 45% increase. Citizens ran water to keep
pipesfromfreezing, cleanedsalt-covered cars and experiencedpipe brakes. Virginia Beach water demand
rose slightly more than 3 MGD during 4hat perio(4 accounting for only 13% of the increased regional
use. Virginia Beach citizens made responsible decisions concerning the use of their water resource.
Despite program success, the City is currently surpassing the 30 MGD annual average. Until the Lake
Gaston water flow begins, the 30 MGD target remains a necessity for our community. To bring the City
water demand within targe4 the City must gain the active participation of every citizen and business.
In 1977, City Council amended and reordained Secdon 37-11 of the Code of the City of Virginia Beaci;
Virginia, which placed mandatory water restrictions in effect. 7hese restrictions, which curbed the outdoor
use of water, were in response to a drought that was affecting the area. A drought again occurred in 1980
and 1981 which lasted approximately 18 months, making water conservation a reality. During that
drough4 a moratorium was @sed on new connections and a rationing program way developed. A
uniform flag rate with surcharges was iinplemented with a goal to reduce water conservation by some
25%. From 1981 to 1984, the City made a determination Lake Gaston was the most viable water
alternative for the City. Active pursuit of Lake Gaston and public water conservation commenced from
1985 to 198-8. In July 1986, Virginia Beach implemented a volun&ary water conservation campaign
conducted primarily through the news media and various civic organizations. 7he plea for voluntary
conservation was in response to a drought and a heat wave. Reservoirs had fauen to 73% of capacity.
Rain was received in the Fall of 1986. From 1989 to 1992, the City began its aggressive water demand
reducdon prograim mandatory water restrictions and the Water Conservation Task Force way created
in 1992. 7he City of Norfolk limited Virginia Beach to no more than 30 MGD. In 1993, the Water
Conservation Program way enhanced by offering a toilet rebate program.
77trough the utilization of charts, Mr. Wamstaff depicte&
Water Demand Data
Water Service Population
Annual Average Daily Water Consumption
Water Consumption Versus Actual Water Consumption
Overaft Per Capita Daily Water Use of Sekcted United States Cities
Residential Per Capita Daily Water Use of Selected
United States Cities
Daily Residential Water Consumption Per Person
February 8, 1994
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CITY MANAGER'S BRIEFING
WATER CONSERVATION PROGRAM
ITEM # 37706 (Continued)
The City has been succenful uver the past eight years in reducing per capita water demand in the City.
7he average dauy water consumption increased from 1986 all the way up to 1991. In 1992 and 1993
because of nwndatory water conservation measures, this water demand decreased 7he water demand
in 1993 at 30.3-MILLION gallons per day was the same number as 1989, even though there were
appro.ximately 9,000 new connections to the water system. 7he per capita daily water denwnd of Yzrg@
Beac,% which is appraxinwtely 78 gallons per day, is the lowest of all cities surveyed. Las Vegas has the
highest per capita water demand
WATER ACCOUNTS BY CUSTOMER CLASS
AS OF DECEMBER 31, 1993
RESIDENTL4L ACCOUNTS % OF
TOTAL
Single Family 104,852 92%
Multi Family 3.190 3 'lo
Total Residential 108,042 95%
COMMERCL4L
MotellHotel 172 0%
Other Commercial 5.960 5 'lo
Total Commercial 6,132 5%
Tax Exempt 708
TOTAL 114,174 1000/0
Beth Ann Lawson, Water Conservation Coordinator, reviewed the 1993 Water Conservation Program.
L INCENTIVE PROGRAM
ii. EDUCATIONAL PROGRAM
iii. LANDSCAPING
iv. HOTELIMOTELIRESTAURANT
ADVERTISEMENT
V. PROMOTIONAL PROGPAMSI
CONTESTS
vi. CITIZEN WATER USE
SURVEY
Mrs. Lawson advised there is a $75 rebate per ukra low toilet installed with permit funded at $500,000.
Six months into the prograim as of December 30, 1993, $495,750 of the rebate money has been reserved
by 6,166 permits. $395,000 has been paid out.
February 8, 1994
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CITY MANAGER'S BRIEFING
WATER CONSERVATION PROGRAM
ITEM # 37706 (Continued)
Mrs Lawson cited the STAFF CONSERVA77ON ANALYSIS GUIDELINES:
Review existing water conservation education progrants and modify if
needed
Develop new water conservation incentive programs.
Develop water conservation incentive programs
Evaluate alternative water rate fee structures to address possible abuse
of nwndatory water restrictions.
Identify mandatory water restrictions enforcement options.
Mrs. Lawson hoped residents would start using the term "water efficiency" which has a more productive
term &han water conservation. Concentrate on energy efficiency which is being equated to water efficiency.
7'he recommendations entailed: 1994 Education and Incentive Progranu, Enforcement Options and
Water Rate Structure.
1994 Water Conservation Program
L INCENTIVE PROGRAMS
ii. EDUC,47TONAL PROGRAMS
iii. L4NDSCAPING
]-v. PLUMBING RETROFIT CAMPAIGNS
V. AUDITS
117. CITIZEN SURYEY
1,71. RATE STRUCTURE
viii. ENFORCEMENT
Mr. Warnstaff advised @ current rate structure is $3.38 for each 100 gallons of water used Effective
July 1, 1994, the rate shall be $3.65 for each 100 gallons (rate approved July 1993 with adoption of new
Virg@ Beach-NorfoLk Water Contracts). Mr. Warnstaff cited the following recontmendations:
Adopt a new water rate structure to encourage water conservation
(inverted two block rates.)
Implement new rates based on the quantity of water used ie., the relative
size of the water customer.
7he inverted rate (base rate plus 2501o) will be applied to appraximately
the last 10% of water consumption.
Mr. Warnstaff reiterated the ENFORCEMENT OPTIONS:
Current City Ordinance Section 37-21
Class 3 Misdemeanor
Water Service Termination
Opfions
Continue Education Process
Pursue Class 3 Misdemeanors
Modify City Code to allow surcharges on customer accounts for
violations of mandatory water use restrictions
February 8, 1994
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CITY MANAGER'S BRIEFING
WATER CONSERVATION PROGRAM
ITEM # 37706 (Continued)
Recommendation
Amend City Code to allow surcharge
First violation - $10
Second violation - $50
77,ird violation - $100
Fourth violation - termination of water service
(All violations may be appealed through a simple appeals
process)
Benefits
Demonstrate that the restrictions are to be taken seriously
Promote fairness and equity for all customers.
Mr. Warnstaff advised the Reservoir kvels are low. Additional rainfall is needed. 7he Hampton Roads
Planning District Commission is calling for area awndatory water restrictions, In the absence of adequate
rainfall for this mont/4 and into March and Apri4 it will be necessary to implement rationing with severe
surcharges.
February 8, 1994
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CITY MANAGER'S BRIEFING
SCHOOL C4PITAL IMPROVEMENT PROGRAM
ITEM # 37707
BY CONSEIVSUS, this C I T Y M A N A G E R 'S B R I E F I N G re SCHOOL C4PITAL
IMPROVEMENT PROGRAM was RESCHEDULED to the Formal Session.
February 8, 1994
- 10 -
ITEM # 37708
Mayor Meyera E. Oberndo?f called to order the INFORMAL SESSION of the V7RGINL4 BF,4CH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 8, 1994, at ]:20 P.M-
Council Members Present.-
Robert W Clybur?4 Robert K Deap4 Louis R. Jones, John D. Moss,
Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William
D. Sesso?=, Jr.
Council Members Absent:
John A. Baum, Linwood 0. Branc,% III, James W. Brazier, Jr. and
Paul J. Lanteigne,
February 8, 1994
- 11 -
ITEM # 37709
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amende4 for the following purpose:
SONNEL - Discussion or consideration of or interviews
of prospective candidates for einployment, assignment, appoint7nent,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
To-Wit, Appointments - Boards and Commissions:
Airport Authority
Chesapeake ASAP Policy Board
Human Rights Commission
7he Planning Council
Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly -held property, or of plans for the future of an
institution which could affect the value ofproperry owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A)(3).
To-Wit: Acquisition of Real Property: Southeastern Expressway Right-Of-Way
1,EGAL - Consultation with legal counsel or briefings by staff
meinbers, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to 5ection 2.1-344(A)(7).
To-Wit: Johnny Lee R1/2itley v. Wynell A. nitehurst and City of Virginia Beach
Lake Caston
Upon motion by Vice Mayor Sessona, seconded by Council Lady Parker, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 7-0
Council Members Voting Aye:
Robert W. Clybur?4 Robert K Dean, Louis R. Jones, John D. Moss,
Mayor Meyera E. Oberndorf, Nancy K Parker Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Linwood 0. Branck III, James W Brazier, Jr. and Paul
J. Lanteigne
February 8, 1994
- 12 -
FORMAL SESION
VIRGINL4 BE,4CH CITY COUNCIL
February 8, 1994
2:00 PM.
Mayor Meyera E. Obemdorf called to order the FORMAL SESSION of the 1,7RGINL4 BF-4CH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 8, 1994, at 2:00 P.M.
Council Members Present:
John A Baum, Linwood 0. Brancl; III, James W. Brazier, Jr., Robert W
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor
Wtlliam D. Sessoms, Jr.
Council Members Absent:
None
INVOCATION.- Reverend John 0. Ponder III
New Light Baptist Church
PL,FI)GE OF Al,[,EGL4NCE G 0 U
February 8, 1994
13 -
cERTiFIC4TION OF
EY,ECUTIVE SESSION
ITEM # 37710
upon motion by rice Mayor Sessonw, seconded by Council Lady Parker, City Council CERTIFIED THE
EY-ECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS-
Only public business mauers lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
AIVD,
Only such public business matters as were identified in the motion
convening the Fxecutive Session were heard, discussed or considered by
Virginia Beach City CounciL
Voting: 11-0
Council Members Voting Aye:
John A Bawn, Linwood 0. Branc,% III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis P, Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E Oberndorf, Nancy K Parker and Vice Mayor
William D. Sf!ssoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
Februa?y 8, 1994
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 37709, Page No. 11, and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certiflcation by the
goveming body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE rr RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exemptcd from Open Mceting requirements by Virginia law were discussed in Executive
Session to which this rertification resolution applies; and, (b) only such public business matters
as were iddntified in the motion convening this Executive Session were heard, discussed or
considcred by Virginia Beach City Council.
kuth-Hodges S-mith, CMC/AAE
City Clerk February 8, 1994
- 14 -
item iii-El.
MINUTES ITEM # 37711
Upon motion by irice Mayor Sessotm, seconded by Councilman Clyburn, City Council APPROVED the
Minute,s of the INFORU4L AND FORMAL SESSIONS of Feb-ary 1, 1994.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc@ III, James W Brazier, Jr., Robert W
Clyburm Robert K Dear4 Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Obemdorf Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Non e
February 8, 1994
15 -
RECOGNITION ITEM # 37712
Mayor Oberndorf recognled Marilyn L. Moranha, Deputy City Clerk 11, upon her designation as
CERTIFIED MUNICIPAL CLERK.
7,his designation requires 100 points to qualify, 50 in education and 50 in professional activities, as well
as three Years of study in Municipal Government.
Mayor Oberndorf presented Mrs. Moranha with the IIMC Certification plaque signifying this designation,
the gold IIMC CMC pin and her desk nameplate displaying her new title.
February 8, 1994
16 -
COUNCIL COMMITREE REPORT ITEM # 37713
1986 BOND REFERENDA
Willi,am A. Schlimgen, Chairman - Bond Referendum Committee, reported on expenditures and
obligations incurred by the City through December 31, 1993, on highway and school projects related to
the 198,6 referendum community center projects related to the 1987 referend@ sch@ projects related
to the 1989 referendum and 4he Lake Gaston water resource project approved in the 1988 referendum.
Relative the 1986 Highway Referendum, the Ferreg Parkway, Independence Boulevard, Phase H-A,
Indian River Road, Northampton Boulevard, General Booth Boukvard and two Lynnhaven Parkway
projects are complete. Construction is scheduled to begin on Independence Boukvard, Phase IV-A in
April 1994. Of $39,796,966 authorizet 97.2% or $38,687,411 has been contracted.
Concerning the 1987 Recreadon Center Referendum, the Great Neck, Bayside, and Bow Creek facilities
are open to the public. 77ie Princess Anne Community Center project is 98% complete. 77trough
December 31, 1993, $32278,819, or 98.3% of the $32,850,000 total has been contracted.
Regarding the 1986 School Referendum, negotiations are underway for the Various School Acquisidons.
Construction is complete on Ocean Lakes, Red Mill Farm, Tallwood and Glenwood Elementaries. Sites
for Landstown (formerly Green Run Elementary and Middle School and Strawbridge (formerly London
Bridge Elementary) School have been acquired. Construction began on Ocean Lakes High School in
January 1993 antt as of December 31, 1993, was 69% complete. Corporate Landing Elementary School
is 99.97o complete. Funds totaling $32,310,000, or 100% of the $32,310,000 authorizet have been
contracted
Relative the 1989 School Referendum, work is complete on the original thirteen elementary school
gymnasium additions. Construction on the addition at Old Donation Center for the Gifted and Taknted
began December 1992 antt as of December 31, 1993, was 99% complete. Work is complete on
Strawbridge Ekmentary and the Bayside and KeUam High School modernizations. Construction of the
Tallwood High, Landytown Elementary, and Landstown Middle School projects is 99.9,70, 99.9'Yv, and
99.901o complete, respectively. Of $68,275,000 authorled, $68,263,661, or 99.9%, has been contracted.
Concerning the 1988 Lake Gaston Water Resource Project Referendutm work on the project is delayed
pending approval from the Federal Energy Regulatory Commission. However, in December 1991, a
Federal Appeals Court ruled construction could begin on the overhead crossings (Contract B]) and the
below-ground portion of the pump station (part of Contract D]). Construction has begun on BI and the
authorL,ed portion of D], and is 70% and 99% complete, respectively. Of $129,62ZOOO authorizeit
$26,671,507, or 20.6'Yo, has been contracted
February 8, 1994
17 -
PUBLIC HEAR17VG ITEM # 37714
PLANNING
Mayor Meyera E. Oberndopf DECLARED a PUBLIC HFARING on:
PL4NNING
1.
(a) 117RGINLI BF,4CH N CLUB, INC AND STPEET CLOSURE
WALTER C4SON BARCO
(b) DOLLY H. MASON VARLINCE
AND
CONDITIONAL USE PERMIT
(c) C. RANDOLPH ZEHMER CONDITIONAL USE PERMIT
(d) THE ESTATE OF BERNARD KROLL AND CHANGE OF ZONING
LEONOK4 KROLL
(e) FAMILY YENTURES I, LC CONDITIONAL CHANGE OF
ZONING
(t) JOHN G. ff7LLL4MS, JR. CONDITIONAL USE PERMIT
(g) CITY ZONING ORDINANCE AMEND AND REOPDAIN
re use reguladons for satellite
wagering faciudes.
February 8, 1994
18 -
PUBLIC HEARING ITEM # 37715
PL,4NNING
Attorney John Richardson represented the applicant
Upon motion by Councibnan Brancl; seconded by Council Lady Parker, City Council DEFERRED AN
ADDITIONAL MELVE (12) MONTHS FOR COMPLL4NCE: 7he Petition of VIRGINL4 BF,4CH
N CLUB, INC. and WALTER CASON BARCO for the discontinuance, closure and abandonment
of the following parcels:
Petition of Virginia Beach Marlin Club, Inc. and Walter Cason Barco for
the discontinuance, closure and abandonment of the following parcels:
Parcel 1, Closure of a portion of Greensboro Avenue beginning at the
Northwest intersection of Greensboro Avenue and Mediterranean Avenue,
running a distance of forty-eight (48) feet along the Northern property
line (Southern boundary of Block 30, Shadow Lawn Heights) and running
in a Southeasterly direction to the Southwest intersection of Greensboro
Avenue and Mediterranean Avenue.
Parcel 2, Closure of a portion of Mediterranean Avenue, running a
distance of forty -one (41) feet along the Eastem property line (Western
boundary of Lot 1, Block 18, Shadow Lawn Heights) and running in a
Nor4hwesterly direction to the Southwest intersection of Greensboro
Avenue and Mediterranean Avenue. J17RCINLI BEACH BOROUGH
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, James W. Brazier, Jr., Robert W
Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E Obemdorf, Nancy K Parker and rice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
February 8, 1994
19 -
PUBLIC HEARING ITEM # 37716
PL4NNING
Attorney R J. Nutter, 4425 Corporation Lane, Phone: 671-6000, represented the applicant.
Fred Gray, son-in-law of the applicant, spoke in SUPPORT of the application
Upon motion by Counci@ Deap; seconded by Vice Mayor Sessoms, City Council APPROVED the
Application of D40LLY H. MASON for a Variance to Section 4.4(b) of the Subdivision Ordinance which
requires all lots created by subdivision to meet all requirements of the City Zoning Ordinance and
ADOPTED an Ordinance uponapplication ofDOUGL4S F.ANDDOLLYH. AL4SONfora
S t..
Appeal from Decisions of A&ninistrative Officers in regard to certain
ele,ments of the Subdivision Ordinance, Subdivision for Dolly H. Mason.
Propeny is located at 3269 Colchester Road. Princess Anne Borough.
A ND,
ORDINANCE UPONAPPLICATION OFDOUGL.4S F AIVD DOLLYH
M4SON FOR A CONDITIONAL USE PERMIT FOR A THREE LOT
SUBDIPTSION R02941873
BE IT HEREBY ORDAINED BY THE COUNCIL OF TIIE C17Y OF VIRGINL4 BEACH, VIRGINL4
Ordinance upon application of Douglas E and Dolly H. Mason for a
Conditional Use Permit for a three lot subdivision on the west side of
Colchester Road, 1.27 miles south of Sandbridge Road. Said parcel is
located at 3269 Coichester Road and contains 54.59 acres. PRINCESS
ANNE BOROUCH
77tis Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of rzrginia Beach, rtrginia, on the I n
Hundred and Nineiy-Four.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc& III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dear4 Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
None
February 8, 1994
20 -
PUBLIC G ITEM # 37717
PLANNING
J Randall Royal, Engineering Services, Phone: 468-6800, represented the applicant andpresented letter
fi-Om Reverend John D. Chamblin - Sr. Simon's Episcopal Church, stating no objection to the Conditional
Use Permit and requesting that the activity not be open on Sunday before 12 NOON. Said letter is hereby
made a part of the record.
Upon motion by Councibnan Dean, seconded by, Vice Mayor Sessotm, City Council AWPTED the
Ordinance upon application of C. RANDOLPH ZEHMER for a Conditional Use Permit.,
ORDINANCE UPONAPPLICATION OF C RLNDOLPH ZEHMER FOR
A CONDITIONAL USE PERMIT FOR A RECRE,4TIONAL AND
AMUSEMENT FACILIYY OF AN OUTDOOR NATURE R02941874
BE IT HEREBY ORDAINED BY THE COUNCIL OF TIIE CI7Y OF 117RGINL4 BEACH, kYRGINL4
Ordinance upon application of C Randolph Zehmer for a Conditional
Use Permit for a recreational and amusement facility of an outdoor
nature( 0.
certain property located at the northwest corner of Sandbridge Road and
Sandfiddler Road. Said parcel contains 2.45 acres. PRINCE,5,5 AIVNE
BOROUGII.
77ie following conditions shall be required:
1. Hours of operation shall be limited to 9 AM - II PM, Monday
- Saturday for the waterslide and amusement ride facility.
Sunday hours shall be limited to 12 Noon 1 PM - 11 PM, so
as to not conflict with outdoor church services being held on
the adjacent site.
2. Category 117 Landscaping shall be established along the entire
Western property line.
3. No outdoor speakers shall be permitted
4. Parking requirements for the proposed outdoor recreation uses,
including the previously approved miniature golf facility, shall
be determined by the Zoning Administrator during site plan
review. A permanent parking facility shall be installed for the
requested amusement facilities, water slide and miniature golf
course within 18 months of the approval date of this
application.
5. All rides other than the water slide shall be approved for only
a two-year period.
6 7he applicant must obtain approval for septic systems.
7 Public restrooms must be provided for customers.
& 7he @ct of the water slide on the residential uses located to
the North across Marlin Lane shall be reduced by planting a
row of Loblolly pines andlor Japanese black maples along
Marlin Lane in front of the water slide.
February 8, 1994
- 21 -
PUBLIC HEARING ITEM # 37717 (Continued)
PLAN7VING
77'is Ordinance shau be effective in accordance with Section 107 (f) of the zoning Ordinance.
Adopted by the Council of the City of Virginia Beacl4 Virginia, on the
- r.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branci4 III, James W. Brazier, Jr, Robert W.
Clyburr4 Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessona, Jr.
CouncU Members Voting Nay:
Non e
Council Members Absent.-
None
February 8, 1994
22 -
PUBLIC HEARING ITEM # 37718
PL4NNING
Attorney Samuel Kroll, Clark & Stan4 One Columbus Center, Phone; 499-8800, represented the applicant
Upon motion by Councibnan Dear; seconded by Councibnan Moss, City Council ADOPTED the
Ordinance upon application of 771E ESTATE OF BERNAPD FROLL and LEONOR,4 KROLL for a
Change of Zoning District Classification:
ORDINANCE UPON APPLICI TION OF THE ESTATE OF BERNARD
KROLL & LEONORA KROLL FOR A CHA)VGE OF ZONINC, DISTRICT
CL4SSIFICATION FROM A-12 TO B-2 Z02941413
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF WRGINL4 BEACH, VIRGINL4
Ordinance upon application of 7he Estate of Bernard KroU & Leonora
Kroll for a Change of Zoning District Classification from A-12
Aparhnent District to B-2 Community Business District on certain
property located 150 feet more or less east of Holland Road beginning
at a point 600 feet more or less south of Warwick Drive. 7he proposed
zoning classification change to B-2 is for commercial land use. 77ze
Comprehensive Plan recommends use of this parcel for Urban Medium
Low Density Residential at densities that are compatible with multi-
f@ly use in accordance with other Plan policies. 5aid parcel contains
2.2 acres. PRINCF,5S ANNE BOROU(;H-
7'his Ordinance shall be effective in accordance with Section 107 (O of the Zoning Ordinance.
Adopted by the Council of the City of rirginia Beach, Pirginia, on the Eiehth Qt Februam Nineteen
- 0
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branci4 III, James W Brazier, Jr., Robert W
Clyburp; Robert K Dear4 Louis R Jones, Paul J Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
February 8, 1994
23 -
PUBLIC HEARING ITEM # 37719
PL,4NNING
Richard K Stell, 219 66th Street, Phone: 428-5824, represented the applicant
Robert Kell-, Engineer, represented the applicant
UPOn -tion by Councibnan Dean, seconded by Councibnan Moss, City Council ADOPTED an
Or,U-nce upon application of FAMIL Y VENTURES I, LC for a Con&tional Change of Zoning District
Classification:
ORDINANCE UPON APPLIC4TION OF FAAFILY VENTUPES I, LC
FOR A CONDITIONAL CHANGE OF ZONING DISTR[CT
CL,4ssIFIC4TION FROM AG-2 TO B- IA Z02941414
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF J,7RCINL4 BEACH, YIRGINL4
Ordinance upon application of Family Ventures I, LC for a Conditional
Change ofzoning District Classiflcation fi-om AG-2Agricultural Distnct
to B-L4 Litnited Community Business on certain property located at the
northwest corner of North Landing Road and George Mason Drive. 7he
proposed zoning classification change to B-IA is for limited commercial
@ use. 77te Comprehensive Plan recommends use of this parcel for
agricultural use in accordance with Plan policies regarding Transition
Area L Said parcel contains 3.5 acres. PRINCE.5S ANNE BOROUGH.
7he following condition shall be require&
1. Agreement encompassing proffers shall be recorded with the
Clerk of Circuit Court and is hereby made a part of the record.
7his Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beacl4 rzrginia, on the
n
Vofing: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, James W. Brazier, Jr., Robert W.
Clyburr; Robert K Dea?4 Louis R Jones, Paul J Lanteigne, John D.
Moss, Mayor Meyera E Oberndorf Nancy K Parker and Pice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.
None
February 8. 1994
24 -
PUBLIC HEARING ITEM # 37720
PLANNING
Upon -otion by Pi-ce Mayo, Sessms, seconded by Councilman Jones, City Council AGREED TO ADD
7'0 THE AGENDA:
Ordi-nce upon application of JOHN G. K7LLI"s, JR, for a
- for a on the South side of
'v-tO- ROad, beginning at the Southwest terminus of Haygood Road,
containing 74.876 acres (B,4YSIDE BOROUGH)
Voting: 11-0
Council Members Voting Aye:
John A. Bawn' Linwood 0. Branc& III, James W. Brzir, Jr., Robert W.
Clybury; Robert K Dean, LOuis R Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and vice Mayor
William D. Sessoms, Jr.
Council Members Votng Nay:
Non e
Council Members Absent.-
None
February 8, 1994
25 -
PUBLIC HEARING ITEM # 37721
PL4NNING
John G. Williams, Jr., 988 Newtow,, Road, Phone: 497-3134
UPon motion by Councilman Jones, seconded by Vice Mayor Sesso,,, City Council ADOPTED an
Ordi-nce upo,, application of JOHN G. *7LLL4MS, JR. for a Conditional Use Permit.-
ORDINANCE UPON APPLICATION OF JOHN G RYLLL4MS, JR FoR
A CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER
R02941875
BE IT HEREB Y ORDAINF-D B Y THE CO UNCIL OF THE CITY OF VIR GINLI BFl CH, VIR GINIA
Ordi-nce upon application of John G. Williana, Jr., for a Conditional
Use Permit for a communication tower on the south side of Newtown
Road beginning at the southwest terminus of Haygood Road Said parcel
is located at 988 Newtown Road and contains 74.876 acres. BAYSIDE
BOROUGH.
7he following conditions shall be required.-
1. 77se applicant shall work with interested private communication
tOwer users to establish multiple use of the requested tower.
2. 77ie conditional use permit shall be approved for a period of
two (2) years. If the subject site is converted from agricultural
use to any more intensive land use, the tower must be removed
or the conditional use permit must be reconsidered by City
Council.
3. A registered engineer must certify specific tower specifications
and the appropriateness of this site's ability to accommodate
the proposed tower. Additionally, a statement verifying that the
facility will not cause the public to be exposed to excessive
levels of radio frequency radiation must be submitted by a
registered engineer.
4. Ae tower will be screened in accordance with requirements
outlined in Section 232 of the City Zoning Ordinance.
7his Ordinance shall be effective in accordance with Section 107 (t) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the n
Hu -F ur
February 8, 1994
26 -
PUBLIC HEARING ITEM # 37721
PL,4NNING
Voting: 11-0
Council Members Voting Aye:
John A. Baum, LinwOOd 0. Brancl; III, James W. Brazier, Jr., Robert W.
Cyb Ro rt K Dea u JOnes, Pau J. nte gne, John D.
1 ur?4 be @ LO is R I La i
Moss, Mayor Mey- E. Oberndolf Nancy K Parker a,,d ;,ice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Meinbers Absent.-
None
February 8, 199.4
- 27 -
Item III-H.I.E.
UBLIC HFARING ITEM # 37722
PLANN17VG
Upon motion by Pi-ce Mayor Sessom, seconded by Councibnan Jones, City Council ADOPTED:
Ordfnance to AMEND and REOPDAIN Sections 901(a), 1001(a),
1501(b), 1511(c) and 1521(c) of the City Zoning Ordinance re use
reguladons for satelfite wagering facilities.
Councibnan Moss requested, in the event, that a satellite wagering
facility is awarded in the future, the City Clerk remind City Council the
City Zoning Ordinance should be amended
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, James W. Brazier, Jr., Robert W
Clybur?4 Rober( K Dea?4 Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf and Vice Mayor grilliam D. Sessoms,
Jr.
Council Members Voting Nay:
Nancy K Parker
Council Members Absent.-
None
February 8, 1994
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTIONS 901(a), 1001(a), 1501(b),
3 1511(c) AND 1521(c) OF THE CITY
4 ZONING ORDINANCE, PERTAINING TO USE
5 REGULATIONS FOR SATELLITE WAGERING
6 FACILITIES.
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Sections 901 (a) , 1001 (a) , 1501 (b) , 1511 (c) and 1521 (c) of
10 the Code of the City of Vircjinia Beach, Virginia, are hereby
11 amended and reordained to read as follows:
12 Sec. 901. Use Regulations.
13 (a) Principal and conditional uses.
14 The following chart lists those uses permitted within the B-1
15 through B-4 Business Districts. Those uses and structures in the
16 respective business districts shall be permitted as either
17 principal uses indicted by a P or as conditional uses indicated by
18 a C. Uses and structures indicated by an X shall be prohibited in
19 the respective districts. No uses or structures other than as
20 specified shall be permitted.
21 Use B-1 B-lA B-2 B-3 B-4
22
23 Animal hospitals, pounds, shelters,
24 commercial kennels, provided that all
25 animals shall be kept in soundproofed
26 air conditioned buildings p p p p p
27 Attached dwellings x x x x p
28 Auditoriums, assembly halls and union halls x c p p P,
29 Autobile repair garages and small engine repair
30 establishments, provided that all repair
31 work shall be performed within a
32 building x x c x c
33 Automobile repair establishments dealing
34 exclusively in minor repairs of the
35 type provided at automobile service
36 stations x x c c c
37 Automobile service stations; provided
38 that, where there is an adjoining
39 residential or apartment district
40 without an intervening street, alley
41 or permanent open space over twenty-
42 five (25) feet in width and where lots
43 separated by a district boundary have
44 adjacent front yards, caegory vi
45 screening shall separate the automobile
46 service station use fromthe adjacent
47 residential distric and no ground sign
48 shall be withi fifty (50) feet of the
49 residenti or apartment district x x c c c
50 Bakeries, confectioneries and delicatessens,
51 provided that products prepared or
52 processed on the premises shall be
53 sold only at retail and only on the
54 premises p p p p
55 Bicycle and moped rental establishme,ts x x x x c
56 Bingo Halls x x c x c
57 Boat sales x x p
58 Borrow pits x x c x x
59 Bulk storage yards and building contractors,
60 yards; provided that no sale or
61 processing of scrap, salvage, or
62 secondhand material shall be permitted
63 in such yards; and, provided further
64 that such storage yards shall be
65 completely enclosed except for
66 necessary opening for ingress and
67 egress by a fence or wall not less
68 than six (6) feet in height x x c x x
69 Business and vocational schools which do
70 not involve the operation of woodwork
71 shops, machine shops or other similar
72 facilities x p p p p
73 Business studios, offices, and clinics p p p p p
74 Car wash facilities, provided that: (i)
75 no water produced by activities on
76 the zoning lot shall be permitted to
77 fall upon or drain across public
78 streets or sidewalks or adjacent
79 properties; (ii) a minimum of three
80 (3) off-street parking spaces for
81 automobiles shall be provided for
82 each car wash space within the facility. x x c c c
83 Child care and child care education centers c c p p p
84 Churches x c c c
85 Commercial parking lots, parking garages
86 and storage garages x x p p p
87 Commercial recreation facilities other
88 than those of an outdoor nature x x c c p
89 Dormitories for marine pilots x x x x c
90 Drugstores, beauty shops and barbershops p p p p p
2
91 Eating and drinking establishments with
92 drive-through windows, except as specified
93 below
x x p p p
94 Eating and drinking establishments without
95 drive-through windows, except as specified
96 below
p p p p p
97 Eating and drinking establishments where all four
98 of the following Qccur:
99 1. alcoholic beverages are served;
100 2. the establishment is located within
101 500 feet of a residential or apart-
102 ment district;
103 3. the establishment operates at any
104 time between 12:00 midnight and
105 2:00 a.m.
106 4. the establishment excludes minors
107 (persons under 18 years of age)
108 during any part of the d,y, or
109 provides entertainment, audible
110 from adjoining property. x x c c c
ill Financial institutions p p p
112 Florists, gift shops and stationery stores p p p p p
113 Funeral homes x p p p p
114 Furniture repair and upholstering, repair
115 services for radio and television and
116 household appliances other than
117 those with gasoline engines; service
iis and repair services for business
119 machines; carpet and linoleum laying;
120 tile setting, sign shops and other
121 small service busilnesses x p p p p
122 Greenhouses and plant nurseries x p p x p
123 Grocery stores, carry-out food stores and
124 convenience stores all being both free-
125 standing and in a structure with a gross
126 floor area of less than five-thousand
127 (5,000) square feet c c p p p
128 Grocery stores, carry-out food stores and
129 convenience stores whether or not free-
130 standing, but in a structure with a gross
131 floor area of not less than five-thousand
132 (5,000) square feet x x p p R
133 Grocery stores, carry-out food stores and
134 convenience stores any of which are not
135 freestanding but are in a structure with
136 a gross floor area of less than five-thousand
137 (5,000) square feet p p p p p
138 Heliports and helistops x x c c c
139 Home occupations x x x x c
3
140 Homes for the aged, disabled or handicapped,
141 including convalescent or nursing
142 homes; maternity homes; child care
143 centers, other than those covered
144 under permitted principal uses and
145 structures hereinabove, when not
146 operated by a public agency, provided
147 that the maximum density for homes for
148 the aged shall be sixty (60) dwelling
149 units per acre ana the maximum height
150 shall not exceed one-hundred and sixty
151 five (165) feet, provided however, that
152 the allowed excess height shall not
153 exceed twice the distance to the nearest
154 lot line from the structure with the
155 excess height, notwithstanding the
156 above, no structure shall exceed the
157 height limit established by Sec. 202(b)
158 regarding air navigation. x x x x c
159 Hospitals and sanitariums x x c c c
160 Hotel and motels x x x p F
161 Hotel and motels with increased lodging
162 unit density and height, provided that
163 the maximum density shall be one-hundred
164 and twenty (120) lodging units per acre,
165 the minimum lot area shall be one (1) acre
166 and the maximum height shall be one-hundred
167 (100) feet, notwithstanding the above, no
168 structure shall exceed the height limit
169 established by Sec. 202(b) regarding air
170 navigation. x x x x
171 Laboratories and establishments for the
172 production and repair of eye glasses, p
173 hearing aids and prosthetic devices x x p
174 Laundry and dry cleaning agencies p p p p
175 Liquor stores, package only p p p p
176 marinas, commercial x x c c
177 Medical and dental offices p p p p
178 Medical laboratories x x p p
179 Mini-warehouses x c c c
180 Mobile home sales x x c x
181 motor vehicle sales and rental, provided
182 the miniiuum lot size is twenty
183 thousand (20,000) square feet x x c c
184 Multiple-family dwellings x x x x,
185 Museums and art galleries c p p p
186 Newspaper printing and publishing, job
187 and commercial printing x p p p
188 off-site parking facilities in connection
189 with hotels and motels located
190 within the RT-1 Resort Tourist
191 District may be permitted on zoning
192 lots within the B-4 Resort Commercial
193 District where the required off-street
4
194 parking cannot be provided on the
195 10t With the principal building o@
196 use provided: (a) Structures
197 facilities shall conform to the for parking
198 regulations of the district in which
199 located. (b) A written agreem,nt
200 assuring continued availability of
201 the number of spaces indicated shall
202 be drawn and executed, and a certified
203 COPY of such agreement shall be
204 recorded with the Clerk of the
205 Court. Such agreement shall stipulate
206 that, if such space is not maintained
207 or space acceptable to the planning
208 director substituted, the use or
209 such portion of the use as is deficient
210 in number of Parking spaces shall be
211 discontinued. The greement shall
212 be subject to the approval of the
213 city attorney. x x
214 Passenger transportation terminals x x c
215 Personal service establishments, other than
216 those listed separately x p p p
217 Private clubs, lodges, social centers,
218 eleemosynary establishments and athletic
219 clubs
p p p p p
220 Public buildings and grounds p p p
221 Public utilities installations and
222 substations provided storage or
223 maintenance faqilities shall not be
224 permitted; and provided, further, that
225 utilities substations, other than
226 individual transformers, shall be
227 surrounded by Category VI screening,
228 solid except for entrances and exits;
229 and provided also, transformer vaults
230 for underground utilities and the like
231 shall require only category I screening,
232 solid except for access opening. p p p p p
233 Public utilities offices x x
234 Public utility storage or maintenance
235 installations x x
236 Radio and television broadcasting stations
237 and line-of-sight relay devices x c c c c
238 Recreational and amusement facilities of
239 an outdoor nature, which may be
240 partially or temporarily enclosed on
241 a seasonal basis with approval of
242 city council, provided that, in the
243 development of such properties,
244 safeguards are provided to preserve
245 and protect the existing character
246 of adjacent properties, except that
247 riding academies and recreational
248 campgrounds shall not be allowed as
249 a conditional use or otherwise. x c c c c
5
250 Repair and sales for radio and television
251 and other household appliances, except
252 where such establishments exceed two
253 thousand five hundred (2,500) square
254 feet of floor area p p p
255 Retail establishments, other than those
256 listed separately, including the
257 incidental manufacturing of goods
258 for sale only at retail on the
259 premises; retail Pales and display rooms
260 and lots, provided that yards for
261 storage of new or used building
262 materials or yards for any scrap or
263 salvage operations or for storage or
264 display of any scrap, salvage or
265 secondhand building materials or
266 automobile parts shall not be allowed,
267 further provided that adult bookstores
268 shall be prohibited from locating within
269 500 feet of any apartment or residential
270 district, single or multiple-family
271 dwelling, church, park or school x p p p p
272 Wa Faciliity x x c c x
273 Veterinary establishments and c,mmer,ial
274 kennels, provided that all animals
275 shall be kept '1/2n sound-proofed, air-
276 conditioned buildings p p p p p
277 Wholesaling and distribution operations,
278 provided that such operations do not
279 involve the use of: (i) more than two
280 thousand (2,000) square feet of
281 floor area for storage of wares to
282 be sold at wholesale or to be
283 distributed, or (ii) any vehicle
284 rated at more than one and one-half
285 (1/2) ton capacity or (iii) a total
286 of more than five (5) delivery
287 vehicles. x x p c x
288 (b) Accessory uses and structures: Uses and structures which are
289 customarily accessory and clearly incidental and subordinate to the
290 principal uses and structures, including, but not limited to:
291 (1) An accessory activity operated for profit in a residential
2 92 dwelling unit where there is no changed in the outside;
293 appearance of the building or premises or any visible or audiblek
294 evidence detectable from outside the building lot, either
295 permanently or intermittently, of the conduct of such busine'ss
296 except for one non-illuminated identification sign not more tha'n
297 one square foot in area mounted flat against the residence;
298 where no traffic is generated, including traffic by commercial
99 delivery vehicles, by such activity in greater volumes than
00 would normally be expected in the neighborhood, and any need for
01 parking generated by the conduct of such activity is met off the
02 street and other than in a required front yard; where the
6
3 03 activity is conducted on the premises which is the bona fide
3 04 residence Of the principal Practitioner, and no Person other
3 05 than members of the immediate family OccuPying such dw.iling
3 06 unit is employed in the C:t ivity; where such activity is
3 07 conducted only in the principle structure on the lot; where
3 08 there are n6 sales to the general Public of products or
3 09 merchandise from th- h-.e; and where the activity is
310 specifically designed Or conducted to permit no more than ne
311 patron, customer, or pupil to be present on the premises at any
3 12 one time. The following a,, specifically prohibit,?d as
1 3 accessory activities: Convalescent or nursing homes, tourist
314 homes, massage parlors, radio or television repair shops, auto
315 repair shops, or similar establishments.
316 See. lool. Use regulations.
17 (a) Principal and conditional uses.
18 The following cha,t lists those uses permitted within the 1-1 and I-2
19 Industrial Districts. Those uses a,d structures in the respective
20 industrial districts shall be permitted as either principal uses indicted
21 ',y a P or as conditional uses indicated by a C. Uses and structures
22 indicated by an X shall, be prohibited in the respective districts. No
23 uses or struct res othe t
u r han as specified shall be permitted
4 Use I-1 I-2
5
6Airports, heliports and helistops; p p
7Automobile service stations, provided that
8 where there is an adjoininq residential or
9 apartment district without-an intervening
0 street, alley or permanent open space over
1 twenty-five (25) feet in width and where
2 lots separated by the district boundary have
3 adjacent front yards, a six (6) foot solid
4 fence with Category Vi screening
shall separate the automobile service
station use from the adjacent residential
district and no ground sign shall be within
fifty (50) feet of the residential or
apartment district; c c
Automotiv@-rental, parts and supply stores;
provided that no outside siorage is included
(excluding operative equipment); p p
Automotive repair garages; c p
7
344 Automobile service establishments dealing
345 exclusively in service and minor repairs
346 05 @e type provided at autoobile servi.e
347 szations;
348 Bingo Halls p p
349 Borrow pits; c c
c c
351 yards; provided that no sale or proce s ing
350 Bulk storage yards and building contractors's
352 of scrap, salvage, or secondhand material
353 shall be Permitted in such yards; and,
354 provided iurther that additional requirements
355 as listed in Section 228 are met. c p
356 Business, medical'financial, nonprofit,
357 professional and similar office buildings; p p
358 Car wash facilities, provided that: (i) No
359 water produced by activities on the
360 zoning lot shall be permitted to fall
361 upon or drain across public streets or
362 sidewalks or adjacent properties; (ii) A
363 minimum of three (3) oif-street parkl'ng
364 spaces for automobiles shall be provided
365 for each car wash space within t@e facility. c x
66 Collection depots for recyclable materials; c x
67 Eating and drinkinq establishments, except as p p
68 specified below
69 Eating and drinking establishments where all four
70 of the following occur:
71 1. alcoholic beverages are served;
72 2. the establishment is located within
73 500 feet of a residential or apartment
74 district;
5 3. the establishment operates at any time
6 between 12:00 midnight and 2:00 a.m
7 4. the establishment excludes minors (persons
8 under 18 years of age) during any part of
9 the day, or provides entertainment audible
0 from adjoining property- c c
1Establishments such as linen suopliers, freight
2 movers, communication services and canteen
3 services; p p
4Establishments which deliver merchandise in
5 bulk by truck or van; p p
Explosives manufacturing, storage and
distribution; x c
Facilities for construction, maintenance and
repair of vessels; x p
Firewood Preparation Facility; c c
Heavy equipment sales and service; p p
Hotels and motels'; Drovided the following
conditions are met: (i) Frontage shall be
on a major or secondary street or highway;
(ii) The minimum lot size shall be forty
thousand (40 000) square feet and a
minimum lot @idth of one hundred fifty
(150) feet: (iii) Density regulations of
399 the H-1 Hotel District s@@ll apply; (iv)
400 Accessory uses
40i shall.hbe..Itlmit-d t- eating
402 ancl drinking estab
and travel agencies; gift shops
403 (v) Parking recluirements
404 of at least one space P@r one (1) 1-
405 odging
Unit shall be provided in addition to
the requirements for an accessory use;
406 (vi).Front Yards hall ave a minimum
407 dep h
408 ttl of thirty (30) feet and,
@xcept for necess8ry driveways, shall be
410 1
409 maintained in landscapina and sh,l not
be used for Parking; -(Vi-
41i conform to the sign requ i) Signs shall
412 Within H-1 Hotel Distric irements applicable
413 Manufacturing, t regulations. c x
414 Processing, extracting,
415 or fabricating establishments packaging
416 that the fol ; provided
lowing uses shall not be allowed:
417 ExPlOsive.manufacturing, storaqe
a@d distribut
418 1/2on; (ii) Petroleum Proce sing;
419 (Iii) Processing or Outsi. s
salvage, scrap or junk; de st,rage of
420 Military installations; p p
4 2 1Mobile horne sales; x p
22 MotiOn Pictu,e studios; c x
23 Petroleum processing; p p
24 Piers wharves and dl,ks; x c
25 Printing ithographi, or ublishing x p
26 est;bllishme,ts; p
27 Public buildings @,d grounds; p p
28 Public schools, colleges and universities, and p p
29 private schools, colleges and universities
30 having similar academic curriculums;
I Public utilities installations and substations c x
2 in@luding Offices; provided storage or
3 inaintenance
4 f"ilities shall not be
Permitted; and provided, further,
5 ii that
uti ties substations, other than individual
6 transformers, shall be surrounded by Category
7 VI screening, solid except for entrances and
8 exits and Pi@v ded also, transformer vaults f
9 undergrouna uti es and the like shall
0 liti or
require only Category I screening, solid except
I for access opening; p
Public utility transformer stations and major
transmission lines and towers (fifty
thousand (5o,ooo) volts or more); c c
Radio or television transmission and relay
stations; c
Recreational facilities of an outdoor nature,
which may be partially or temporarily '
enclosed on a seasonal basis with ap@roval
of city council, except that riding academies
and recreational campgrounds shall not be
allowed as a conditional use or otherwise; c x
Recreational facilities other than those of an
outdoor nature p p
Repair establishments; provided that no outside
storage is included (excluding mobile
operative equipment); p p
458
c c
459 Ship suPPly establishments Ind facilities; x p
460 Storage or processing of salvage, scrap or junk x c
461 Terminals for freight or passengers arriving
462 or departing by ship; x p
463 Vocational, technical,,industrial and trade
464 schools.
p p
465 Wholesale and retail establishments dealing
466 primarily in bulk materials delivered by
467 ship or by ship and railroad or ship a-nd
468 truck in combination. x p
469 Wholesaling, warehousing, storage or distribution
470 establishments; p p
471 (b) Accessory uses and structur,s: Uses and structures which are
472 customarily accessory and clearly incidental and subordinate to principal
473 uses and structures, including, but not limited to, retail establishments,
474 dwelling or lodging units for occupancy by owners, guards or caretakers;
75 PrOvided that such dwelling or lodging units shall be located above or
76 behind principal uses in such a way that they do not interrupt commercial
77 or industrial frontage.
78 Section 15ol. Use regulations.
79 (a) Principal Uses and structures:
80 (1) Hotels and motels, which may have in conjunction with them any
1 conibination of restaurants, outdoor cafes, retail cormercial use
2 and convention facilities, provided that uses in conjunction
3 with hotels and motels may not occupy more than ten (10) percent
4 of the floor area of all structures (excluding parking) located
5 on the lot, subject to the following:
6 (i) The structure enclosing the uses permitted in conjunction
with hotels and Motels shall be fully enclosed at all times
by solid exterior walls and roof with no exterior opening
other than passageway doors as may be required by the
Virginia uniform statewide Building Code;
(ii) Such enclosed structure shall be located entirely witbin
the same structure enclosing the principal use; and
(iii) No entrance or exit to a use permitted in conjunction with
hotels and motels shall be located on the side of the
structure facing the boardwalk, unless such entrance or
exit provides access to a courtyard or intervening open
497 area, in which case such open area shall be fully fenced
498 or walled to a height of at least four (4) feet and without
499 any entrances or exits facing the boardwalk. The only
500 exceptions to this condition apply to boardwalk cafes as
501 permittqd by special regulations established in franchise
502 agreements approved by City Council.
503 (iv) Parking structures shall be permitted in conjunction with
504 hotels and motels provided that ground level parking
505 fronting Atlantic Avenue, the boardwalk, or any public park
506 or open space is prohibited except for necessary access
507 drives and ramps.
508 (2) Public buildings and grounds;
509 (3) Public utilities installations and substations including
510 offices; provided storage or maintenance facilities shall not
511 be permitted; and provided, further, that utilities substations,
512 other than individual transformers, shall be surrounded by a
513 wall, solid except for entrances and exits, or by a fence with
514 a screening hedge five (5) to six (6) feet in height; and
515 provided also, transformer vaults for underground utilities and
516 the like shall require only a landscaped screening hedge, solid
517 except for access opening.
518 (4) Bicycle rental establishments in conjunction with hotels and
519 motels, subject to the following:
52 0 (i) Such establishments shall be no less than two hundred (200)
521 feet in area and shall have minimum dimensions of ten (10)
522 feet by twenty (20) feet;
523 (ii) The area upon which bicycles are displayed shall be paved
52 4 and the perimeter thereof delineated by 811 x 811 timber
525 curbing, except at the point of ingress and egress;
526 No more than twenty (20) bicycles shall be stored-
527 or displayed in the rental area at any one time, repairs
528 shall not be conducted in the rental area, and no rental
529 activity shall be conducted on public property;
530 (iv) No more than one (1) sign identifying any such
531 establishment shall be permitted, and no such sign shall
53 2 exceed four (4) square feet per face in surface area, be
53 3 illuminated, or encroach into any portion of the public
534 right-of-way; and
535 (v) Points of ingress and eqress of any such establishment
536 located adjacent to public property shall be directly
537 connected to the boardwalk bicycle path by means of an
538 existin4 sidewalk, street or connector park.
53 9 (b) Conditional uses and structures: Uses and structures
540 hereinafter specified, subject to compliance with the provisions of part
541 C of article 2 hereof:
542 (1) Commercial parking lots and parkinq garages.
543 (2) Heliports and helistops.
544 (3) Recreational and amusement facilities of an outdoor nature,
545 which may be partially or temporarily enclosed on a seasonal
546 basis with approval of City Council, provided that, in the
547 development of such properties, safeguards are provided to
548 preserve and protect the existinq character of adjacent
54 9 properties, except that riding academies and recreational
550 campgrounds shall not be allowed as a conditional use or
551 otherwise.
552 (4) Satellite Wagering Facility,
553 Sec. 1511. Use regulations.
554 (a) Principal Uses and structures:
555 For parcels less than 14,000 square feet in size, any one of the
556 following is allowed:
557 (1) Auditoriums and assembly halls;
558 (2) Boat sales;
559 (3) Business studios, offices, clinics and medical laboratories;
560 (4) Bicycle rental establishments;
561 (5) Child care and child care education centers;
562 (6) Commercial parking lots, parking garages and storage garages;
563 (7) Commercial recreation facilities other than those of an outdoor
564 nature;
565 (8) Eating and drinking establishments, except as specified in
566 subsection (c)(6);
567 (9) Financial institutions;
568 (10) Funeral homes;
12
569 (11) Museums and art galleries;
570 (12) Off-site parking facilities, provided the provisions of section
571 1505 are met;
572 (13) Personal service establishments, including barber and beauty
573 shops, shoe repair shops, cleaning, dyeing, laundry, pressing,
574 dressmaking, tailoring and garment repair shops with processing
575 on the premises;
576 (14) Private clubs, lodges, social centers, eleemosynary
577 establishments and athletic clubs;
578 (15) Public buildings and grounds;
579 (16) Public utilities installations and substations including
580 offices; provided storage or maintenance facilities shall not
581 be permitted; and provided, further, that utilities substations,
582 other than individual transformers, shall be surrounded by a
583 wall, solid except for entrances and exits, or by a fence with
584 a screening hedge five (5) to six (6) feet in height; and
585 provided also, transformer vaults for underground utilities and
586 the like shall require only a landscaped screening hedge, solid
587 except for access opening;
588 (17) Retail establishments, including the incidental manufacturing
589 of goods for sale only at retail on the premises; retail sales
590 and display rooms and lots, provided that yards for storage of
591 new or used building materials or yards for any scrap or salvage
592 operations or for storage or display of any scrap, salvage or
593 secondhand building materials or automobile parts shall not be
594 allowed, further provided that adult bookstores shall be
595 prohibited from locating within 500 feet of any apartment or.
596 residential district, single or multiple-family dwelling,
597 church, park or school.
598 For parcels greater than 14,000 square feet, any one of the following
599 additional uses is allowed:
600 (18) Multi-family dwellings;
601 (19) Motels and Hotels which may have in conjunction with them any
602 combination of restaurants, retail commercial use and convention
603 facilities, provided that uses in conjunction with hotels and
604 motels may not occupy more than 10% of the floor area of all
605 structures (excluding parking) located on the lot.
13
606 For parcels greater than 40,000 square feet, any of the above permitted
607 uses may be used in combination on the same zoning lot with other
608 permitted uses.
609 (b) Accessory uses and structures: Uses and structures which are
610 customarily accessory and clearly incidental and subordinate to the
611 principal uses and strtctures:
612 (1) An accessory activity operated for profit in a residential
613 dwelling unit where there is no changed in the outside
614 appearance of the building or premises or any visible or audible
615 evidence detectable from outside the building lot, either
616 permanently or intermittently, of the conduct of such business
617 except for one non-illuminated identification sign not more than
618 one square foot in area mounted flat against the residence;
619 where no traffic is generated, including traffic by commercial
620 delivery vehicles, by such activity in greater volumes than
621 would normally be expected in the neighborhood, and any need for
62 2 parking generated by the conduct of such activity is met off the
62 3 street and other than in a required front yard; where the
624 activity is conducted on the premises which is the bona fide
625 residence of the principal practitioner, and no person other
626 than members of the immediate family occupying such dwelling
627 unit is employed in the activity; where such activity is
628 conducted only in the principle structure on the lot; where
629 there are no sales to the general public of products or
630 merchandise from the home; and where the activity is
631 specifically designed or conducted to permit no more than one
632 patron, customer, or pupil to be present on the premises at any
63 3 one time. The following are specifically prohibited as
634 accessory activities: Convalescent or nursing homes, tourist
635 homes, massage parlors, radio or television repair shops, auto
636 repair shops, or similar establishments.
637 (c) Conditional uses and structures: Uses and structures
638 hereinafter specified, subject to compliance with the provisions of part
639 C of article 2 hereof:
640 (1) Automobile and small engine repair establishments, provided that
641 all repair work shall be performed within a building;
14
64 2 (2) Automobile service stations; provided that, where there is an
64 3 adjoining residential or apartment district without an
644 intervening street, alley or permanent open space over twenty-
645 five (25) feet in width and where lots separated by a district
646 boundary have adjacent front yards, a six (6) foot solid fence
647 shall separate the automobile service station use from the
648 adjacent residential district and no ground sign shall be within
649 fifty (50) feet of the residential or apartment district;
650 (3) Car wash facilities, provided that:
651 (i) no water produced by activities on the zoning lot shall be
652 permitted to fall upon or drain across public streets or
653 sidewalks or adjacent properties;
654 (ii) a minimum of three (3) off-street parking spaces for
655 automobiles shall be provided for each car wash space
656 within the facility.
657 (4) Churches;
658 (5) Dormitories for marine pilots;
659 (6) Eating and drinking establishments where all four of the
660 following occur:
661 (i) alcoholic beverages are served;
662 (ii) the establishment is located within 500 feet of a
663 residential or apartment district;
664 (iii) the establishment operates at any time between 12:00
665 midnight and 2:00 a.m.;
666 (iv) the establishment excludes minors (persons under 18 years
667 of age) during any part of the day, or provides
668 entertainment, audible from adjoining property.
669 (7) Heliports and helistops;
670 (8) Homes for the aged, disabled or handicapped, including
671 convalescent or nursing homes; maternity homes; child cflre
67 2 centers, other than those covered under permitted principal uses
673 and structures hereinabove, when not operated by a public
674 agency;
675 (9) Home occupations;
676 (10) Hospitals and sanitariums;
677 (11) Marinas, including facilities for storage and repair of boats
678 and sale of boating supplies and fuel;
679 (12) Mini-warehouses, provided that the yard shall be completely
680 enclosed except for necessary openings for ingress and egress
681 by a fence or wall not less than six (6) feet in height;
682 (13) Motor vehicle sales and rental, provided the minimum lot size
683 is twenty thousand (20,000) square feet;
684 (14) Passenger transportation terminals;
685 (15) Public utility storage or maintenance installations;
686 (16) Radio and television broadcasting stations and line-of-sight
687 relay devices;
688 (17) Recreational and amusement facilities of an outdoor nature,
689 which may be partially or temporarily enclosed On a Seasonal
690 basis with approval of city council, provided that, in the
691 development of such properties, safeguards are provided to
692 preserve and protect the existing character of adjacent
693 properties, except that riding academies and recreational
694 campgrounds shall not be allowed as a conditional use or
695 otherwise-.--
696 (18) Satellite wagering Facilitv.
697 See. 1521. Use regulations.
698 (a) Principal Uses and structures: For parcels less than 20,000
699 square feet in size, any one of the following is allowed:
700 (1) Auditoriums and assembly halls;
701 (2) Boat sales;
702 (3) Business studios, offices, clinics and medical laboratories;
703 (4) Bicycle rental establishments;
704 (5) Child care and child care education centers;
705 (6) Commercial parking lots, parking garages and storage garages;
706 (7) Commercial recreation facilities other than those of an outdoor
707 nature;
708 (8) Eating and drinking establishments, except as specified irf
709 subsection (c)(6);
710 (9) Financial institutions;
711 (10) Funeral homes;
712 (11) Museums and art galleries;
7 13 (12) Off-site parking facilities, provided the provisions of section
714 1505 are met;
16
7 15 (13) Personal service establishments, including barber and beauty
716 shops, shoe repair shops, cleaning, dyeing, laundry, pressing,
717 dressmaking, tailoring and garment repair shops with processing
718 on the premises;
7 19 (14) Private clu)3s, lodges, social centers, eleemosynary
720 establishments and athletic clubs;
721 (15) Public buildings and grounds;
722 (16) Public utilities installations and substations including
723 offices; provided storage or maintenance facilities shall not
724 be permitted; and proviaed, further, that utilities substations,
725 other than individual transformers, shall be surrounded by a
726 wall, solid except for entrances and exits, or by a fence with
727 a screening hedge five (5) to six (6) feet in height; and
7 2 8 provided also, transformer vaults for underground utilities and
729 the like shall require only a landscaped screening hedge, solid
730 except for access opening;
73 1 (17) Retail establishments, including the incidental manufacturin@
732 of goods for sale only at retail on the premises; retail sales
733 and display'rooms and lots, provided that yards for storage o'
7 34 new or used building materials or yards for any scrap or salvag@
735 operations 'or for storage or display of any scrap, salvage o'
736 secondhand building materials or automobile parts shall not b,
737 allowed, further provided that adult bookstores shall b
738 prohibited from locating within 500 feet of any apartment o
739 residential district, single or multiple-family dwelling
740 church, park or school.
741 For parcels greater than twenty thousand (20,000) square feet, any of t.1
742 following additional uses are allowed and may be used in combination w.il
743 any of the permitted uses listed above: 1
744 (18) multi-family dwellings when developed in conjunction on th4i sa,
745 parcel with other allowed uses where the floor area of t'
746 multi-family dwellings do not exceed 70% of the total floor ar.
747 of the entire project;
748 (19) Motels and Hotels which may have in conjunction with them a
749 combination of restaurants, retail commercial use and conventi
750 facilities, provided that uses in conjunction with hotels a
751 motels may not occupy more than 10% of the floor area of all
752 structures (excluding parking) located on the lot.
7 53 (b) Accessory uses and structures: Uses and structures which are
754 customarily accessory and clearly incidental and subordinate to th,
755 principal uses and structures:
756 (1) An accessory, activity operated for profit in a residential
757 dwelling unit where there is no changed in the outside
758 appearance of the building or premises or any visible or audible
759 evidence detectable from outside the building lot, either
760 permanently or intermittently, of the conduct of such business
761 except for one non-illuminated identification sign not more than
762 one square foot in area mounted flat against the residence;
763 where no traffic is generated, including traffic by commercial
7 64 delivery vehicles, by such activity in greater volumes than
765 would normally be expected in the neighborhood, and any need for
766 parking generated by the conduct of such activity is met off the
767 street and other than in a required front yard; where the
768 activity is conducted on the premises which is the bona fide
769 residence of the principal practitioner, and no person other
770 than members of the immediate family occupying such dwelling
77 1 unit is employed in the activity; where such activity is
772 conducted only in the principle structure on the lot; where
773 there are no sales to the general public of products or
774 merchandise from the home; and where the activity is
775 specifically designed or conducted to permit no more than one
776 patron, customer, or pupil to be present on the premises at any
777 one time. The following are specifically prohibited as
778 accessory activities: Convalescent or nursing homes, tourist
779 homes, massage parlors, radio or television repair shops, auto'
780 repair shops, or similar establishments.
781 (c) Conditional uses and structures: Uses and structure@
782 hereinafter specified, subject to compliance with the provisions of part
783 C of article 2 hereof:
7 84 (1) Automobile and small engine repair establishments, provided that
785 all repair work shall be performed within a building;
786 (2) Automobile service stations; provided that, where there is an
7 87 adjoining residential or apartment district without an
18
788 intervening street, alley or permanent open space over twenty-
789 five (25) feet in width and where lots separated by a district
790 boundary have adjacent front yards, a six (6) foot solid fence
791 shall separate the automobile service station use from the
792 adjacent residential district and no ground sign shall be within
793 fifty (50) fdet of the residential or apartment district;
794 (3) Car wash facilities, provided that:
795 (i) no water produced by activities on the zoning lot shall be
796 permitted to fall upon or drain across public streets or
797 sidewalks or adjacent properties;
798 (ii) a minimum of three (3) off-street parking spaces for
799 automobiles shall be provided for each car wash space
800 within the facility.
801 (4) Churches;
802 (5) Dormitories for marine pilots;
8 03 (6) Eating and drinking establishments where all four of the
804 following occur:
805 (i) alcoholic beverages are served;
806 (ii) the establishment is located within 500 feet of a
807 residential or apartment district;
808 (iii) the establishment operates at any time between 12:00
809 midnight and 2:00 a.m.;
810 (iv) the establishment excludes minors (persons under 18 years
811 of age) during any part of the day, or provides
812 entertainment, audible from adjoining property.
813 (7) Heliports and helistops;
814 (8) Homes for the aged, disabled or handicapped, including
815 convalescent or nursing homes; maternity homes; child care
816 centers, other than those covered under permitted principal uses
817 and structures hereinabove, when not operated by a public
818 agency;
819 (9) Home occupations;
820 (10) Hospitals and sanitariums;
821 (11) Marinas, including facilities for storage and repair of boats
822 and sale of boating supplies and fuel;
19
823 (12) Mini-warehouses, provided that the yard shall be completely
824 enclosed except for necessary openings for ingress and egress
825 by a fence or wall not less than six (6) feet in height;
826 (13) Motor vehicle sales and rental, provided the minim,m lot size
827 is twenty th6usand (20,000) square feet;
828 (14) Passenger transportation terminals;
829 (15) Public utility storage or maintenance installations;
83 0 (16) Radio and television broadcasting stations and line-of-sight
831 relay devices;
83 2 (17) Recreational and amusement facilities of an outdoor nature,
83 3 which may be partially or temporarily enclosed on a seas,nal
8 3 4 basis with approval of city council, provided that, in the
83 5 developnient of such properties, safeguards are provided to
83 6 preserve and protect the existing character of adjacent
83 7 properties, except that riding academies and recreational
838 campgrounds shall not be allowed as , conditional use or
839 otherwise;
840 (18) Satellite wagering Facility,
841 Adopted by the Council of the City of Virginia Beach, Virginia on the
842 8 day of February 1994.
843 CA-#
844 \ORDIN\PROPOSED\SATELLITE.PRO
845 R-1
846 PREPARED: January 10, 1994
APPROVED AS TO CONVi:ll'-9@j
- 28 -
Itein III-I.I.
UNF17VIS,HED BUSINESS ITEM # 37723
BY CONSENSUS, City Council AUTHORIZED:
Alternative I Schedule to review the Proposed FY 1994-1995 Operafing
Budget1c,apital Improvement Program (CIP).
SCHEDULE TO REYIEW PROPOSED FY 1994-1995 OPER,4TING BUDGETICIP
Presentation: March 31, 1994 Noon Special Formal Session
Operating Budget & CIP 77iursday City Council Chamber
Workshop Budget April 5, 1994 10:00 AM - Noon City Council Chamber
CIP Tuesday 5:00 PM - 7.-00 PM City Council Chamber
Workshop Budget April 12, 1994 10:00 AM - Noon City Council Chamber
CIP Tuesday 5:00 PM - 7.-00 PM City Council Chamber
Public Hearing Budget April 14, 1994 7.-00 PM - 8:00 PM Special For?nal Session
CIP Thursday 8:00 PM - 9:00 PM Pavilion 77ieater
Workshop Budget April 19, 1994 9:00 AM - I ]:00 AM Specid Workshop
CIP T-Sday ]]:00 AM - ]:00 PM City Council Chamber
Workshop Budget April 26, 1994 Nbon - 2:00 PM City Council Chamber
CIP T-sday 2:00 PM - 4:00 PM City Council Chamber
Public Heanng Budget April 26, 1994 6:00 PM - 7.-00 PM Regular Council Session
CIP T-Sday 7.-00 PM - 8:00 PM City Council Chamber
Election Day May 3, 1994 All Day No Activity Scheduled
T-Sday
Reconciliation Workshop: May 5, 1994 Noon - 2:00 PM City Council Chamber
Budget & CIP 77iursday 2:00 PM - 4:00 PM City Council Chamber
Appropriation May 10, 1994
Ordinances: Budget & Tuesday 2:00 PM City Council Chamber
CIP
February 8, 1994
- 29 -
Itein Ill-L2.
UNFINISHED BUSINESS ITEM # 37724
ADD-ON
UPOn -ti- bY Vice Mayor Sessoms, seconded by Councibnan Jones, City Council AGREED To ADD
TO 7HE AGENDA:
Ordi--e to tr-sfer $176,000from City-wide sand replenishment (CIP
#2-830) to Rudee Inlet Dredging to maintain schedules.
Voting: 11-0
Council Members Voting Aye:
.Wn A. Baum, Linwood 0 Branci4 III, James W. Brazier, Jr., Robert W.
Clyburp4 Robert K Deart Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
None
February 8, 1994
- 30 -
Ite,m III-L3.
UNFVVISIMD BUSINESS ITEM # 37725
ADD-ON
Upon motion by Vice Mayor Sessom, seconded by Councilman Moss, City Council ADOPTED.
Ordinance to transfer $176,000from City-wide sand replenishment (CIP
#2-830) to Rudee Inlet Dredging to maintain schedules.
Voting: 11-0
Council Members Voting Aye:
John A Baum, Linwood 0. Brancl4 111, James W Brazier, Jr., Robert W
Clybur?4 Robert K Deai4 Louis R Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
None
February 8, 1994
1 AN ORDINANCE TO TRANSFER $176,000 FROM
2 C@DE SAND REPLENISHMENT CIP PROJECT #2-077
3 TO RUDEE INLER DREDGING CIP PROJECT #2-830
4 FOR THE PURPOSE OF MAINTAINING THE
5 CURRENT RUDEE INLET DREDGING SCHEDULE
6 WHEREAS, Rudee Inlet maintenance dredging is cost shared by the City and the Army Corps
7 of Engineers;
8 WHEREAS, the City has been notified that FY 1993/94 funding from the Army Corps of
9 Engineers has been redirected to another project, leaving the Spring 1994 maintenance dredging of
10 Rudee Inlet in jeopardy;
11 WHEREAS, the Army Corps of Engineers has requested that the City provide all funding for the
12 FY 1993/94 dredging, estimated to be $600,000, with a commitment from the Corps to seek
13 restoration of these funds this fiscal year, or application of these funds towards future dredging;
14 WHEREAS, the current unencumbered balance of the Rudee Inlet Dredging Project #2-830 is
15 estimated at approximately $426,000, requiring an additional $176,000 to address the full contract
16 estimate;
17 WHEREAS.theadditional $176,000 is available fortransferfromCitywideSand Replenishment
18 Project #2-077.
1 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
20 VIRGINIA, that funds in the amount of $176,000 be transferred from Citywide Sand Replenishment
21 Project #2-077 to Rudee Inlet Dredging Project #2-830 in order to provide the necessary funds required
22 to maintain the Spring 1994 dredging schedule.
8 February
23 Adopted the - day of _, 1!394, by the Council of the City of Virginia Beach, Virginia.
24 This ordinance shall be in effect from the date of its adoption.
APPROVED AS TO CONTENT
Walter C. Kraemer, Jr.
Department of Management and Budget
swj\rudee.ord
- 31 -
Ite,m III-L4.
UNFINISHED BUSINESS ITEM # 37726
ADD-ON
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke in OPPOSITION
Upon motion by Councibnan Moss, seconded by Councilman Jones, City Council ADOPTED:
Resolution to oppose the use of revenues from Route 44 tous for the
purpose of design and construction of a fight rail system on the
Southeastern Expressway.
Voting: 11-0
Council Members Voting Aye:
John A Baum, Linwood 0. Branck III, James W Brazier, Jr., Robert W
Clybur@ Robert K Dean, Louis P, Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E Obemdorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Meinbers Voting Nay:
None
Council Mernbers Absent:
None
February 1994
Amendment to Resolution No. R-94-02290 adopted February 1, 1994
1 A RESOLUTION TO OPPOSE THE USE OF
2 REVENUES REALIZED FROM TOLLS ON
3 ROUTE 44 FOR PURPOSES OF DESIGN AND
4 CONSTRUCTION OF A LIGHT RAIL SYSTEM
5 OR THE SOUTHEASTERN EXPRESSWAY
6 WHEREAS, the Virginia General Assembly is now considering
7 legislation that would remove the tolls on Route 44 in the near
8 future; and
9 WHEREAS, by Resolution adopted February 1, 1994, the City
10 Council requested the General Assembly to remove tolls on Route 44
11 only at such time as all projects currently in the Route 44
12 Improvement Program are fully funded and certain projects not yet
13 included in the Route 44 Improvement Program are fully funded,
14 namely:
15 Reconstruction of the Rosemont Road Interchange.
16 Reconstruction of the Witchduck Road Interchange.
17 Construction of sound attenuation barriers adjacent to
18 all residentially zoned or used property; and
19 WHEREAS, it is the desire of the city Council that all
20 revenues generated through tolls on Route 44 prior to the removal
21 of such tolls be used only for the above stated purposes and that
22 any surplus remaining after such improvements have been constructed
23 shall be utilized solely for maintenance of and improvements to
24 Route 44; and
25 WHEREAS, it is the desire of the City Council that revenues
26 generated through tolls on Route 44 not be used for purpose of
27 design, acquisition or construction of a light rail system or the
28 Southeastern Expressway or for any purpose other than the
29 improvements to and maintenance of Route 44 as stated in the
30 Resolution adopted by the City Council on February 1, 1994.
31 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
32 VIRGINIA BEACH, VIRGINIA:
33 That the Virginia General Assembly is requested to approve the
34 removal of tolls on Route 44 only at such time as all projects
35 currently in the Route 44 Improvement Program are fully funded and
3 6 the following projects not yet included in the Route 44 Improvement
37 Program are fully funded:
38 0 Reconstruction of the Rosemont Road Interchange.
39 0 Reconstruction of the Witchduck Road Interchange.
40 0 Construction of sound attenuation barriers adjacent to
41 all residentially zoned or used property.
42 BE IT FURTHER RESOLVED:
43 That the Vircrinia Beach City Council requests that the
44 revenues cenerated throuah tolls on Route 44 not be used for
45 desiqn. acauisition or construction of a light rail system, the
46 Southeastern ExDressway or for any Purpose other than the
47 improvements to and maintenance of Route 44 as stated in this
48 Resolution and the Resolution adonted February 1. 1994.
49 Adopted by the Council of the City of Virginia Beach,
50 virginia, on the 8 day of Fel)ruary 1994.
51 CA-5492
52 ORDIN\NONCODE\CA5492.RES
53 R-2
54 2/8/94
2
- 32 -
Item III-J.I.a.
NEW BUSINESS ITEM # 37727
COUNCIL-SPONSORED ITEMS
Richard Weltor4 4510 Ocean Front, Phone: 428-8218, represented the Atlantic Cost Conservation
Association
Upon motion by Vice Mayor Sessoms, seconded by Councibnan Moss, City Council ADOPTED.
Resolution urging support for House Bill 206 re prohibition of
Menhaden fishing boats in inshore waters.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc& III, James W Brazier, Jr., Robert W
Clyburr4 Robert K Dear4 Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
None
February 8, 1994
Requested by Vice-Mayor William D. Sessoms
1 A RESOLUTION URGING SUPPORT FOR
2 HOUSE BILL 206, TO PROHIBIT MENHADEN
3 FISHING IN INSHORE WATERS
4 WHEREAS, the City of Virginia Beach derives significant
5 recreational, aesthetic and economic benefits from the Atlantic
6 Ocean and the Chesapeake Bay;
7 WHEREAS, the environmental quality of these adjacent waters
8 impacts upon sports fishing, recreational boating and on the
9 cleanliness of the beaches and inlets of the City;
10 WHEREAS, the operation close to shore of menhaden fishing
11 boats using purse seine nets has the potential of seriously fouling
12 the City's beaches and inlets;
13 WHEREAS, the operation of purse seine fishing boats near the
14 shore, by removing essentially all smaller fish, also disrupts the
15 food chain upon which large fish, of commercial and recreational
16 importance, depend; and
17 WHEREAS, the Virginia General Assembly is currently
18 considering House Bill 206 which, if adopted, would prohibit
19 menhaden fishing within one mile of the Chesapeake Bay Bridge
20 Tunnel, and within one mile of the shore lines of the City and from
21 piers and jetties extending from such shores;
22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24 That the City Council hereby expresses its support for the
25 adoption of House Bill 206, to prohibit menhaden fishing in the
26 adjacent inshore waters of the Chesapeake Bay and Atlantic Ocean.
27 Adopted by the Council of the City of Virginia Beach,
28 virginia, on the 8 day of February 1994.
29 CA-5486
30 ORDIN\NONCODE\MENHADEN.ORD
31 R-1
32 FEBRUARY 1, 1994
33 -
NEW BUSINESS ITEM # 37728
COUNCIL-SPONSORED ITEMS
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925
Upon motion by Council Lady Parker, seconded by Vice Mayor Sessorm, City Council ADOPTED:
Resolution requesting the General Assembly decline to enact House Bill
1151 re taxation of pari-mutuel wagering on horse racing. (Sponsored
by Council Member Nancy K Parker)
Voting: 11-0
Council Members Voting Aye:
John A. Bawn, Linwood 0. Branci4 111, James W Brazier, Jr., Robert W.
Clyburi; Robert K Dea@ Louis R Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E Obemdorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
None
February 8, 1994
1 A RESOLUTION REQUESTING THE GENERAL
2 ASSEMBLY TO DECLINE TO ENACT HOUSE
3 BILL NUMBER 1151, PERTAINING TO THE
4 TAXATION OF PARI-MUTUEL WAGERING ON
5 HORSE RACING
6 WHEREAS, House Bill No. 1151 was introduced in the
7 General Assembly on January 25, 1993;
8 WHEREAS, if enacted, such bill would drastically increase
9 the rate of taxation of pari-mutuel wagering on horse racing in the
10 Commonwealth of Virginia;
11 WHEREAS, the effect of the enactment of House Bill No.
12 1151 would be to render horse racing in Virginia economically
13 infeasible, thereby preventing the establishment of a horse racing
14 facility in Virginia;
15 WHEREAS, the General Assembly has already enacted
16 Virginia Code Section 59.1-364, which provides that 11(h]orse racing
17 with pari-mutuel wagering as licensed herein shall be permitted in
18 the Commonwealth for the promotion, sustenance and growth of a
19 native industry, in a manner consistent with the health, safety and
20 welfare of the people";
21 WHEREAS, horse racing and pari-mutuel wagering were approved
22 by the voters of the Commonwealth of Virginia in a statewide
23 referendum taken in the general election of November, 1988;
24 WHEREAS, the citizens of a number of Virginia localities,
25 including the City of Virginia Beach, have expressed a desire to be
26 the site of a horse racing facility with pari-mutuel wagering,
27 pursuant to local referenda mandated by the Code of Virginia;
28 WHEREAS, the enactment of House Bill No. 1151 would be
29 inimical to the legitimate and important local interests of those
30 localities, including the City of Virginia Beach, seeking to become
31 the site of a horse racing facility;
32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
33 OF VIRGINIA BEACH, VIRGINIA:
34 That the General Assembly be, and hereby is, requested to
35 decline to enact House Bill No. 1151, a true copy of which is
36 hereto affixed.
37 The City Clerk is hereby directed to forward a certified
38 copy of this resolution to each member of the City's General
39 Assembly delegation.
40 Adopted by the Council of the City of Virginia Beach,
41 virginia, on the 8 day of February 1994.
42 CA-94-5487
43 \noncode\HB115i.res
44 R-2
45 February 2, 1994
2
1994 SESSION
LD6772432
I HOUSE BILL NO. 1151
2 Offered January 25, 1994
3A BILL to at?zcnd and reenact SSSS 59.1-3,92 and 59.1 39,7 of tlie Code of Virginia. retc2titig to
4horse racing with pari tttiitziel it,ageritig: taxotioll
5
6 Patrons-Robinson and Abbitt
7
8 Referred to Committee on General Laws
9
10 Be it enacted by the General Assembly of Virginia:
11 1. That SSSS 59.1-392 and 59.1-393 of the Code of Virginia are amended and reenacted as
12 follows:
13 SS 59.1-392. Percentage retained; tax. shall be authorized
14 A. Any person holding an operator's license pursuant to this chapter
15 to conduct pari-mutuel wagering on horse racing subject to the provisions of this chapter
16 and the conditions and regulations of the Commission. live horse racing conducted within
17 B. On pari-mutuel pools generated by wagering on
18 the Commonwealth, involving win, place and show wagering, the licensee shall retain an
19 amount not to exceed nineteen and ni,te-tenths percent of the pool, and the
20 legitimate breakage, out of which shall be paid:
21 1. a. If there are no satellite facilities, @ apA tliree atid foiir-tenths percent
22 of the pool to the Commonwealth as a license tax which shall be paid within five days to
23 the Commonwealth, and tweno,,-fit,e percent Of "'17ich 5hall be paid b-v the Continonit,calth
24 to the locality in which the track is locate@,
25 b. If there are satellite facilities, @ tliee atid foiir-tetitlis percent of the pool to the
26 Commonwealth as a license tax which shall be paid within five days to the Commonwealth,
27 and t@,eli-e and fii,e-teriths percent of M@ @ @vhi,.h shall be paid b@, the
28 Cotnmonwealth to tlie locality in which the satellite facility is located and
29 twelve and five-tetztl,.5 percent to the locality in which the track is located. which shall be
30 paid within five days to We szich localities. If any satellite facility is located in
31 more than one locality, the license tax shall be prorated in equal shares among those
32 localities;
33 2. Eight percent of the pi)ol as purses or prizes to the participants in such race
34 meeting;
35 3. Seven and one-half percent of the pool, the breakage and the proceeds of pari-mutuel
36 tickets unredeemed 180 days from the date on wtiich the race was conducted, to the
37 operator; and
38 4. One percent of the pool to the Virginia Breeders Fund which shall be paid to the
39 Commission within five days and shall be used in support of the policy of the
40 Commonwealth to sustain and promote the growth of a native industry.
41 C. On pari-mutuel pools generated by wagering on live horse racing conducted within
42 the Commonwealth involving wagering other than that set forth in subsection B of this
43 section, the licensee shall retain an amount not to exceed thirteen oild
44 tt4,o-tenths percent of the pool and the legitimate breakage, out of which shall be paid:
45 1. a. If there are no satellite facilities, (h@ f,)zi, a,id ttt,o-te?ztli.5 percent of the pool to
46 the Commonwealth as a license tax which shill be paid within five days to the
47 Comnionwealth. and t,t-efitll,-fil-e percer7t of @i-liiclt Izall he paid b%, tlie Coitti7ion,,@caltil to
48 the localitv, in ",hich tlie trach, is locateal,
49 b. If there are satellite facilities, @ forir (ztzd t@totenths percent of the pool to the
50 Commonwealth as a license tax which shall be paid within five days to the Commonwealth,
51 and t elt,e u,id fii,e-te,iths percent of @ @ ti,lzich Shall be paid b-@, tle
52 Cotri,?iotiti,calth to the locality in which the satellite facility is located and t@A'el,le,
53 and fi@-etetiths percent to the locality in which the track is located. which shall be paid
54 within five davs to the l@ sijclz loalitte,,. If any satellite facility is located in more
House Bill No. 1151 2
1 than one locality, the license tax shall be prorated in equal shares among those localities;
2 2. Nine percent of the pool as purses or prizes to the participants in such race meeting;
3 3. Nine percent of the pool, the breakage and the proceeds of the pari-mutuel tickets
4 unredeemed 180 days from the date on which the race was conducted, to the operator; and
5 4. One percent of the pool to the Virginia Breeders Fund which shall be paid to the
6 Commission and used in support of the policy of the Commonwealth to sustain and promote
7 the growth of a native industry.
8 D. On pari-mutuel wagering generated by simulcast horse racing transmitted from
9 jurisdictions outside the Commonwealth, with the approval of the Commission the licensee
10 may commingle pools with the racetrack where the transmission emanates or establish
11 separate pools for wagering within the Commonwealth. All simulcast horse racing in this
12 subsection must comply with the Interstate Horse Racing Act of 1978 (15 USC SS 3001 et
13 seq.).
14 E. On pari-mutuel pools generated by wagering on simulcast horse racing transmitted
15 from jurisdictions outside the Commonwealth, involving win, place and show wagering, the
16 licensee shall retain:
17 1. a. If there are no satellite facilities, O" aPA three and fotir-tetiths percent
18 of the pool to the Commonwealth as a license tax which shall be paid within five days to
19 the Commonwealth, and twenty-five percent of ",Iitch sh,li be paid bj- the Cot7lillorz1vealth
20 to the locality in which the tack is loc,ateT,
21 b. If there are satellite facilities, @ three ar7d foiir-teriths percent of the pool to the
22 Commonwealth as a license tax which shall be paid within five days to the Comnionwealth,
23 and onequar-ter twelve and fite-te,iths percent of @ @ which sl7all be paid b%, the
24 Cotti,?zotzwealth to the locality in which the satellite facility is located and
25 ttvelve a,id fti,e-tenths percent to the locality in which the track is located. which shall be
26 paid within five days tO @ 1OCality stich lo,-altti@. If the satellite facility is located in
27 more than one locality, the license tax shall be prorated in equal shares among those
28 localities; and
29 2. One percent of the pool to the Virginia Breeders Fund which shall be paid to the
30 Commission within five days and shall be used in support of the policy of the
31 Commonwealth to sustain and promote the growth of a native industry.
32 Any contractual agreement between a licensee and other entities concerning the
33 distribution of the remaining portion of the retainage is subject to the approval of the
34 Commission.
35 F. On pari-mutuel pools generated by simulcast horse racing transmitted from
36 jurisdictions outside the Commonwealth, involving wagering other than that set forth in
37 subsection E, the licensee shall retain:
38 1. a. If there are no satellite facilities, tht!@@ @@iv tid eigl7t-te,ith.5 percent of the pool to
39 the Commonwealth as a license tax which shall be paid within five days to the
40 Commonwealth. and t",e,ztllfiie per(,,ent of R,hich .@liall be paid bv the Co7nillo,z"-ealth to
41 the localit-i, in m,hich the tr(ick i,@ locate(f,
42 b. If there are satellite facilities, @ .5ix a,id et,-Izt-tetzlh.q percent of the pool to the
43 Commonwealth as a license tax which shall be paid within five days to the Commonwealth,
44 and onehalf twelve (ind fii,etenths percent Of Me @l@-hich shall be paid bv, the
45 Cot7ii7ior7wealth to the locality in which the satellite facility is located and t
46 and fii,c,-tetiths percent to the locality in which the track is located. which shall be paid
47 within five days to Me 1OCalit3' @itch localities, If the satellite facility is located in more
48 than one locality, the license tax shall be prorated in equal shares among the localities;
49 and
50 2. One percent of the pool to the Virginia Breeders Fund which shall be paid to the
51 Commission and used in support of the policy of the Comnionwealtti to sustain and promote
52 the growth of a native industry.
53 Any contractual agreement between a licensee and other entities concerning the
54 distribution of the remaining portion of the retainage is subject to the approval of the
3 House Bill No. 1151
1 Commission.
2 G. Moneys payable to the Commonwealtli shall be (leposited in the general fund. Gross
3 receipts for license tax purposes under Chapter 37 of Title 58.1 shall not include
4 paF!@ rnutuel wagefing @ apA license taxes atifliorized by ttiis section,
5 Vtrgiiiici Breeder,5 riitzd. ulid plir,@es or prize.,.
6 SS 59.1-393. Admissions tax.
7 The governing body of any county or city ,t @t-iii@h a trac@b, or satellite factlit@, i.,
8 located may by ordinance impose a tax on @ ci licensee hef!@er @ @@ a r@e
9 rneeting at a traci@ located @ in @ county or @ of cents $-,.oo on the
10 admission to such track or satellite facilit@, of each person on each day except those
11 holding a valid permit under this chapter and actually employed at such track in tlie
12 capacity for which such permit was issued. The licensee may collect such amount from the
13 ticket holder in addition to the amount charged for the ticket of admission. I;ro,?l ti,,,
14 ta,o-dollar tax. such locali(@, shall pa-i@ otic dollar t,, I/ic (@o,?i,?iori,t-ealth it'itl7iti fii,e deiv,.,@
15 Monei@s pa_t,able to the Cotrt,?ion",ealth shall be i,l tlie -e,7erat filid.
16 If such track of, its enclosure is leeated in @ of in thfoe localities,
17 irnpose a ta-x hefeunder of tA,elve apA one half cents Gf eW a4,A one third cents
IS person, . or satellite facilitv, it,h(,re tl7e tzx i., i,?2po.@ed i.@ located in ttt,o ,r
19 more localities, the local share of tl7e ad,7zi.@.,io,is la.k be prorated ill eqllal sli,re.,
20 among the localities ",here viicl7 track. its @r .,Utell,le fac-ilit.i,. as the case @lut
21 be, i.@ located.
22 Gross receipts for license tax purposes under ('hapter 37 of Title 58.1 shall not include
23 the admissions tax imposed under this section.
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 Official Use By Clerks
44 Passed By
45 The House of Delega(es Passed By The Senate
46 without amendment 0 without amendment 11
47 with amendment 0 with amendment [:1
48 substitute 0 substitute F]
49 substitute w/amdt 11 substitute w/amdt L]
50
51 Date: - Date-
52
53 Clerk of the House of Delegates Clerk of the Senate
54
34 -
SCHOOL CAPITAL IMPROVEMENT PROGR,4M - FINANCL4L IMPACT
3:13 PM.
NEW BUSINESS ITEM # 37729
Dean Block, Director - Management and Budget, advised School Capital Improvement Program Requests:
TierlCmnponent 6- Year Amount
1. Approved 93194 CLP + Year 6 $136.4M
2 AccelerationsIModificationslIncreases $ 260M
3. New Project Requests $ 35.4M
F4. Parity & Technology Initiative @$192.9m
1 $390.7M
Tax Increases Required (Centsl$100 on Reat Estate Tar)
77erIComponent 711195 - 6130104 711104 - 6130114
1. Appraved 93194 CLP + 4.9 cents 4.9 cents
Year 6
2 AccelerationsIModificationsl 29 cents 2.9 cents
Increases
3. New Projects (eg. 1.8 cents 1.3 cents
relocation, ADA)
4. Parity & Technology 18.4 cents 12.4 cents
Initiative
28.0 cents 21.5 cents
*Initial rate is 23.1 cents greater than required by Approved C.LP Unique features of Tier II & Tier TV
make decrease after 10 years possible.
* Assumes no expenses for initiative in FY 94195
* Includes all costs capital & Operation, to sustain the program.
* No "smoothing applied to initiwive.
Factors and Considerations
1. Annual Charter Bond limit &"cts the analysis.
2. Additional bonding needed totals $139M.
3. Requests as presented require a bond referendum.
4. Wzll in"ct debt indicators.
February 8, 1994
- 35 -
Item III-KI,
ITEM # 37730
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 21-344, Code of Virginia, as amendei4 for the following purpose:
LEGAL MAZTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section 2.1 -344(A)(7).
To-Wit, Lake Gaston Legal Issues
Upon motion by ;-ice Mayor Sessoms, seconded by CounciLman Moss, City Council voted to proceed into
EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
J6hn A. Baum, Linwood 0. Branci4 III, James W. Brazier, Jr., Robert W
Clyburn, Robert K Dear4 Louis R Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and rice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.,
None
February 8, 1994
- 36 -
Itein Ill-K2.
ITEM # 37731
Mayor Meyera E. Oberndorf RECONYENED the FORMAL SESSION of the l,7RGINL4 BF,4CH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 8, 1994, at 4.-09 P.M.
Council Members Present:
John A. Baum, Linwood 0. Branc& III, James W Brazier, Jr., Robert W.
Clybur@ Robert K Dean, Louis P, Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf and Nancy K Parker
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
February 8, 1994
- 37 -
Item Ill-K3.
ITEM # 37732
CERTIFICITION OF
EXECUTIVE SESSION
Upon motion by Council Lady Parker, seconded by Councibnan Clyburr4 City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE H7TH THE MOTION TO RECESS
Only public business mauers lawfully exempted fi-om Open Meeting
require,ments by Virginia law were discussed in Executive Session to
which this certification resolution applies;
AAID,
Only such public business mauers as were identified in the motion
convening the Fxecutive Session were heard, discussed or considered by
Virginia Beach City CounciL
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl4 III, James W. Brazier, Jr., Robert W
Clybur@ Robert K Dean, Louiy R Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf and Nancy K Parker*
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
*Verbal Aye
February 8, 1994
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: Tle Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirinative vote recorded in ITEM # 37730, Page No. 35, and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certiflcation by the
goveming body that such Executive Session was conducted in conforrnity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the bcst of each member's knowledge, (a) only public business matters
lawfully exempted from Open Mceting requirements by Virginia law were discussed in Executive
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
Ricth Hodges Smith, CMC/AAE
City Clerk February 8, 1994
- 38 -
Item III-L.
ADJOURNMENT ITEM # 37733
Upon motion by Councfbnan Clyburn and BY CONSENSUS, City Council ADJOURNED at 4:10 P.M.
Beverly CMC
Chief Deputy City Clerk
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Ruth Hodges Smiti; CMCIAAE Meyera E. Oberndorf
City Clerk Mayor
City of frzrginta Beach
Virginia
February 8, 1994