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MARCH 5, 1984 MINUTES City e>f Virgi1ìia Beach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MA YOR LOUIS R. JONES. Bayside Borough VICE-MA YOR BARBARA M. HENLEY, Pungo Borough JOHN A. BAUM. Blackwater Borough NANCY A. CREECH, At Large HAROLD IIEISCHOBER, At Large H. jACK jENNINGS, jR.. Lynnhaven Borough ROBERT G. jONES, At Large W. II. KITCHIN, 1/1, VirginIa Beach REBA S. McCLANAN, Princess Anne Borough IJ. HENRY McCOY, JR" KempsvIlle Borough MEYERA E. OßERNDORF. At Large RUTH HODGES SMITH. CMC, City Clerk 212 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH. VIRGINIA 23456 1804) 427-4303 CI TY COUNCI L AGENDA March 5, 1984 ITEM I. INFORMAL SESSION: 12:30 p.m. A. CALL TO ORDER - Mayor Louis R. Jones B. ROLL CALL OF COUNCIL I C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS 1. Matters for discussion by Mayor. Matters for discussion by Council. 2. E. CITY MANAGER'S ADMINISTRATIVE ITEMS 1. Flood Plain Maps: Briefing 2. Atlantic Avenue Temporary Tape Striping and Parking: Report I 3. Continental Telephone Company of Virginia Proposed Sites: Discussion by Mr. Robert J. Scott, Director of Department of Planning 4. Request of Charity United Methodist Church for Expedition of Use Permit 5. Review of Consent Agenda I I I ITEM II. FORMAL SESSION: 2:00 p.m. A. INVOCATION: Reverend Edward S. Solomon, Jr. Pastor Lynnhaven Presbyterian Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF COUNCIL D. ~INUTES OF PREVIOUS MEETING: 1. Motion to accept/approve the Minutes of February 27, 1984. E. PROCLAMATION: SURVEYORS WEEK: March 11 - 17, 1984 F. PUBLIC HEARING 1. Appropriate Funds of $25,000 to the Sheriff's Office for Travel Expense. G. RESOLUTIONS 1. Special Revenue Bonds a. Resolution approving the issuance of Special Revenue Bonds to Lake Bradford Apartments ($4,000,000), through the Suffolk Redevelopment and Housing Authority. H. ORDINANCES 1. Ordinance to Amend and Reordain Section 37-10 of the Code of the City of Virginia Beach, Virginia, pertaining to Water Line Fee Exemptions. I . CONSENT AGENDA A II matters listed under the Consent Agenda are cons i dered in the ordinary course of business by City Counci I and wi II be enacted by one moti on in the form listed. There will be no separate discussion of these items. If discussion is desired, that item wi II be removed from the Consent Agenda and considered separately. 1. Ordinance to Amend and Reordain Section 2-226 of the Code of the City of Virginia Beach, Virginia, pertaining to City Depositories Generally. 2. Ordinance to Transfer Funds of $102,000 within the Department of Pub Ii c Works for a Sewer Cleaner Truck and Reduce The FY 1984-1985 Budget Request for this vehicle by $125,000. 3. Ordinance, on SECOND READING, accepting funding from the Virginia Division of Parks and Recreation and the Brigadoon Civic League for the Brigadoon Park Fitness Trail and appropriating these funds ($3,300). 4. Ordinance, on SECOND READING, to decrease the Pendleton Child Service Center appropriation and revenue by $73,543, as amended. This amendment changes the reduction from $78,543 <First Reading reduction) to $73,543. I I I J. K. L. M. 5. Ordinance to Appropriate Funds of $25,000 to the Sheriff's Office for Travel Expense. 6. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Park Avenue and 22nd Street to the Virginia Beach Arts Center, its assigns and successors in in title. 7. Ordinance to Authorize a temporary encroachment into a portion of the right-of-way of 3425 Kings Neck Drive to Frank D. Lafemina, his heirs, assigns and successors in title. 8. Ordinance to Authorize a temporary encroachment into a port i on of the right-of-way Ocean Shore Avenue to L. A. Hobbs, his heirs, assigns and successors in title. 9. Raffle Permits: Amer i can Assoc i at i on of Un i vers ity Women, Virginia Beach Bayside Junior High School Band Parents' Association Gymstrada Team Parents' Association Bingo/Raffle: PLANNING 1. RECONSIDERATION: Ordinance to Amend and Reordain Article I, Section 111 of the Comprehensive Zoning Ordinance pertaining to definitions. -- This ordinance was adopted by City Counci I January 23, 1984, and properly advertised for a Publ ic Hearing on March 5, 1984. 2. CORRECT WORDING OF AMENDMENT: Ordinance to Amend and Reordain Article 9, Section 911(a) (8) of the Comprehensive Zon i ng Ord i nance perta i n i ng to use regu I ations for commercial facil ities and amusement arcades in the B-2 Community Business District This will correct the amendment added to paragragh < 8) as adopted February 27, 1984. UNFINISHED BUSINESS NEW BUSINESS ADJOURNMENT 1. Motion to adjourn. I I I M I NUT E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 5, 1984 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Vice Mayor Barbara M. Henley in the Conference Room, City Hall Building, on Monday, March 5, 1984, at Twelve Thirty in the after- noon. Council Members Present: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf. Council Members Absent: Nancy A. Creech*, Mayor Louis R. Jones, Robert G. Jones, and W. H. Kitchin, III. Note: Councilwoman Creech entered the meeting at 12:40 p.m. March 5, 1984 - 2 - ITEM II 21475 Vice Mayor Henley entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: 1. LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Jennings, seconded by Councilman Heischober, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESS ION . Voting: 7-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf. Council Members Voting Nay: None Council Members Absent: Nancy A. Creech*, Mayor Louis R. Jones, Robert G. Jones, and W. H. Kitchin, III March 5, 1984 I I I I I I - 3 - MAT T E R S C 0 UN C I L B Y UTILITIES REPORT ON NO GROWTH/IMAGINARY LINE AREAS ITEM II 21476 Councilman Baum requested the City Manager to prepare a brief study of our alternatives as far as utilities serving the City's "no growth"/imaginary line. Councilman Baum further requested clearly written alternatives as to the policies or policy assumptions of the Utility Departments, which he gathered amounted to sewer and the size of the pipes based on zoning, and the different alternatives that they forsee, in order that Council could react to this policy regarding possibly more districts like Sandbridge Phase I. FRANCIS LAND HOUSE ITEM II 21477 Councilwoman Creech and Councilwoman McClanan attended the FRANCIS LAND HOUSE COMMITTEE MEETING last week. The decision had been reached at this meeting to reopen a discussion with the DAUGHTERS OF THE AMERICAN REVOLUTION and THE GARDEN CLUB, to determine if they still have an interest in the FRANCIS LAND HOUSE and if they wished to be a part of the format the Committee had devised. Councilwoman Creech requested the City Manager meet with her, Council- woman McClanan, the DAR and the GARDEN CLUB prior to receiving the report from the Francis Land House Committee. SUBDIVISION ORDINANCE PERTAINING TO LOTS ITEM II 21478 Councilman Jennings in response to requests concerning condominiums (Eagle's Nest Point) brought to the attention of Council, an Ordinance to Amend and Reordain Section 4.4(d) of the Subdivision Ordinance of the Code of the City of Virginia Beach, Virginia, pertaining to Lots: (d) Each lot created in a subdivision shall fttive abut a street which has direct access to a public street. As the Ordinance had been phrased, each lot in a subdivision would have to face a publicly maintained street. This would enable the condominiums to be com- pletely separate from intrusion and afford the needed privacy. Negatives pre- sented in this regard were garbage pick-up and maintaining privately owned streets. Requirements with regard to curb, gutters, and streets would all remain the same. By CONCENSUS, Staff will review and present their recommendations to Council. SANCTUARY OF TIDEWATER, INC. ITEM II 21479 Councilman Heischober referenced a letter from the City Manager to Council regarding the SANCTUARY OF TIDEWATER, INC, which provides temporary shelter to pregnant, un- supported women in the Tidewater area (Copy of this letter is hereby made a part of the proceedings). Councilman Heischober requested that this item of concern be placed on the INFORMAL AGENDA of March 12, 1984, for further discussion. March 5, 1984 I - 3a - City e>£ Virgi1:ìia Beach """"' March 1, 1984 OFFICE OF THE CITY MANAGER (804) 427-4242 MUNICIPAL CENTER VIRGINIA BEACH. VIRGINIA ~56-9002 The Honorable Mayor Members of the Council Dear Council Members: By letter of January 5,1984, staff was requested to recommend an appropriation of $5,000 to the Sanctuary of Tidewater, Inc. This service provides temporary shelter to pregnant, unsupported women in the Tidewater area. The Sanctuary has been in operation for one year. ~I I Both Dr. Sjolund and Mrs. Elrod have advised that contributions for the Sanctuary should come from the private sector. Social Services' priorities for adult shelter are aimed at providing shelter for battered women and for emergency shelter for families with children. The demonstrated need for a shelter for pregnant women in Virginia Beach appears to be very small - approximately three to four each year. It is our recommendation that funding not be provided since Social Services has an intake service for pregnant girls and women that assists in assessing individual needs and resources, and provides services or makes appropriate referrals. If Council is in concurrance with this recommendation I will so advise Ms. Stolle, Pr~sident of the Sanctuary Governing Board. Sincerely yours, ~-.~~~~ Thomas H. Muehr nbeck City Manager THM:csg I cc: Mrs. Frances Elrod Mr. David M. Grochmal Dr. George Sjolund ~~~~--~-~-_. March 5, 1984 . , , I - 4 - MAT T E R S B Y C 0 U N C I L (Continued) REAL ESTATE ASSESSMENTS ITEM If 21480 Councilman Jennings referenced complaints concerning real estate assessments which were considered excessive. Council advised that all complaints be referred to Mr. Jerald Banagan, Real Estate Assessor, for review. The pro- cedure for appeal is the Board of Equalization. E. R. COCKRELL's ILLNESS ITEM t! 21481 Councilwoman Creech informed Council that Director of Agriculture Richard Cockrell was in the Cardiac Care Unit of Virginia Beach General Hospital, in stable con- dition. They hoped for his transfer shortly into a regular care unit. PELICAN DUNES/ BAY LAKE PINES CONGESTION ITEM If 21482 Councilwoman Oberndorf referenced correspondence between Pelican Dune Residents, Mayor Jones, City Manager Muehlenbeck, and Baylake Pines residents concerning congestion because of a court agreement between Donald Moore and the residents of Baylake Pines. Councilwoman Oberndorf expressed confusion concerning a decision by Council as she believed it was a court mandated decision made in favor of one neighborhood over the other. She also was concerned about a buffer strip between the existing neighborhoods and the one that is being created near Pelican Dunes. The City Manager will submit a report to Council clarifying this matter. March 5, 1984 - 5 - MAT T E R S B Y C I T Y MAN AGE R FLOOD PLAIN MAPS ITEM II 21483 Assistant City Engineer Carl Thoren continued with his briefing on the Flood Plain Maps, which had commenced at the Informal Session of February 27, 1984. FEMA (FEDERAL~ EMERGENCY MANAGEMENT AGENCY) contracted with the Corps of Engineers to design new Flood Plain maps for the City of Virginia Beach, which were delivered to the City in early February. Current Flood Plain Maps have been utilized since 1969. These maps are based on studies by the Corps of Engineers. The purpose of the briefings were to indicate there have been changes in the Flood Plain elevation as a result of the growth and development in the City. Seven (7) different photo- graphics of the Flood Plain Maps, showing various areas of the City, were exhibited. There will be a ninety (90) day review period, which will include the publication of a PUBLIC NOTICE in the local newspaper advising the availability of new Flood Plain Maps for inspection. After that review, and a subsequent period under which the City has time to correct any changes in its current Ordinance, these maps will be adopted and the elevations will become effective for flood insurance purposes. If the City chooses to remain in the National Flood Insurance Program, it must comply with these elevations. By CONCENSUS, the City Manager is to prepare an Ordinance to adopt the official Flood Plain Maps, and indicate those areas where filling can be allowed in flood fringes so long as they raise the 100 year storm water height one foot or less in the Flood Way. The City Manager will advise what impact the City will experience in maintaining the Canal system. , ATLANTIC AVENUE TEMPORARY TAPE STRIPING AND PARKING ITEM II 21484 The City Manager stated that the Striping on Atlantic Avenue will be removed on March 15, 1984, as previously planned. CONTINENTAL TELEPHONE COMPANY OF VIRGINIA PROPOSED SITES ITEM II 21485 Planning Director Robert J. Scott stated that the unmanned switching stations, (18' x 13') which the Continental Telephone Company of Virginia plans to con- struct, bear a striking resemblance to Utility Pumping Sations. Mr. Scott re- quested that these switching stations, from a subdivisional point of view, be treated the same way as utility pumping stations. In the long range, the Subdivision Ordinance would be amended. 8 Council concurs that staff may interpret the present Ordinance, until revised, to accommodate both utilities. March 5, 1984 , , , - 6 - MAT T E R S MAN AGE R BY C I T Y (Continued) EXPEDITION OF USE PERMIT FOR CHARITY UNITED METHODIST CHURCH ITEM II 21486 Request of CHARITY UNITED METHODIST CHURCH for a Conditional Use Permit to be EXPEDITED to the Planning Commission on April 10, 1984 and to City Council on April 16, 1984. EXPEDITE ITEM II 21487 By CONSENSUS, the City Manager was authorized ADMINISTRATIVELY schedule future items requested to be EXPEDITED from the Planning Commission to City Council 1984 ADVERTISING CAMPAIGN PRESENTATION ITEM II 21488 By CONSENSUS, the 1984 ADVERTISING CAMPAIGN for the City of Virginia Beach will be presented in Council Chambers at 11:00 a.m., March 12, 1984. ORDINANCES PERTAINING TO WATER LINE/SEWER LINE FEE EXEMPTIONS FOR ELDERLY AND HANDICAPPED ITEM II 21489 Councilwoman Oberndorf requested clarification of the Exemptions contained within the Ordinances pertaining to water line/sewer line fee exemptions for the elderly and handicapped. CONSENT AGENDA SHERIFF'S OFFICE TRAVEL EXPENSES ITEM II 21490 Councilman Jennings requested the wording "travel expenses" be clarified in connection with the Appropriation to the Sheriff's Office of $25,000. The Manager stated that he would comply. (See Item II.I.5. of the Formal Agenda). March 5, 1984 - 7 - ORDINANCE TO TRANSFER FUNDS/SEWER CLEANER TRUCK ITEM /I 21491 Councilwoman Oberndorf inquired as to the purchase of a Sewer Cleaner Truck for the Department of Public Works (See Item II.I.2 of the Formal Agenda). The City Manager stated the City contracts a portion of the work; but, the amount of work entailed requires both contractural and City employees. , RECESS INTO EXECUTIVE SESSION ITEM /I 21492 City Council recessed into EXECUTIVE SESSION at One Fifty in the afternoon. , , March 5, 1984 , , I - 8 - FORMAL S E S S ION VIRGINIA BEACH CITY COUNCIL March 5, 1984 2:00 p.m. Council Members Present: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf. Council Members Absent: INVOCATION: Mayor Louis R. Jones, Robert G. Jones, and W. H. Kitchin, III. Reverend Edward S. Solomon, Jr. Pastor Lynnhaven Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA March 5, 1984 - 9 - Item II-D.1 MINUTES ITEM II 21493 Upon moton by Councilwoman Creech, seconded by Councilman McCoy, City Council APPROVED the Minutes of February 27, 1984. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr.,Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf. Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, Robert G. Jones, and W. H. Kitchin, III March 5, 1984 , , 8 , , 8 - 10 - Item II-E.1 PROCLAMATION ITEM II 21494 Vice Mayor Henley proclaimed the period March 11, 1984 to March 17, 1984: SURVEYORS WEEK Accepting the Proclamation was Austin Savage, Survey Technician, Surveys and Mapping, City Engineer's Office, Department of Public Works. March 5, 1984 - lOa - I WHEREAS, the Cong~~ oft the Un~ted Stat~ ~eeogn~ze~ the valuable eon~~bution~ oft the ~uÆve~~ng p~oft~~on to h~to~~, de- velopment, and qual~ty oft l~fte ~n the Un~ted Stat~ oft Ame~~ea; and WHEREAS, the ~uÆve~~ng p~oft~~on ~eq~~ ~pee~l edueat~on, ~a~n~ng, expe~~enee, and knowledge oft the p~~ne~pl~ oft mathemati~, the ~elated ph~~~eal and appl~ed ~e~ene~, and ~equ-útement 0 ft law ft o~ adequate ev~denee; and I WHEREAS, ~~nee the ea~l~ da~~ oft OuÆ Nation when man~ 06 OuÆ fto~eftathe~~, ~nelud~ng OuÆ ft~~~t and th~~d p~u..i.denú, we~e ~uÆve~o~~, the p~Oft~~O~ oft ~uÆve~~ng h~ continued to be un~quel~ qual~ft~ed to dete~mÆne and de~e~~be land and wate~ bounda~~~ ftO~ the management oft ou~ natu~al ~UOuÆe~ and the p~oteet~on oft pJt~vate p~ope~t~ ~~ghú; NOW, THEREFORE, I, Lo~ R. Jone~, Ma~o~ 06 the C~t~ 06 V~~g~n~a Beaeh, do he~eb~ p~oela~ the week oft Ma~eh 11-17, 1984 a~ SURVEYORS WEEK and u~ge the e~tizen~ oft V~~g~n~ Beaeh to ob~e~ve ~ueh week w~th appJtopJt~te ee~emon~u and aetiv~ti~ pa~~ng t~~bute to p~ofte~~~onal ~uÆve~o~~ and the~~ eon~~but~on to ~oe~ety. :-~~ "':'--\~\, ~ .3'~~~. ~-.: -'-""-, ",:: - '.. ' - "'" --- ' "'/' '\.c ,~~"" -0'/ -~. '.:.-'... ~ '-. ~-" ~"':.,' -'. '- ,.', " -...-' ,..', ""'-""~;......- v" "'-..... '::-'-" ~::" ,,:". ... ....,..;. ...:, ..- '.. .... -', \~ ~§'1'..~";':- /1-, .; "":~~:: ,:- ~:... ~-,--.~. ... :...'" - .. , - '. - Y",,- '- '- .;..,~' < .~~'--,,- -- .-- . ..-"'\ ... .- I March 5, 1984 , , I - 11- Item II-F.1 PUBLIC HEARING ITEM II 21495 Vice Mayor Henley declared a Public Hearing on the following: APPROPRIATION OF FUNDS OF $25,000 TO THE SHERIFF'S OFFICE FOR TRAVEL EXPENSES. Inasmuch as there were no speakers, Vice Mayor Henley closed the Public Hearing. March 5, 1984 - 12 - Item II-G.1.a. RESOLUTIONS ITEM II 21496 Upon motion by Councilman McCoy, seconded by Councilman Jennings, City Council ADOPTED Resolution approving the issuance of Special Revenue Bonds to LAKE BRADFORD APARTMENTS ($4,000,000), through the SUFFOLK RE- DEVELOPMENT AND HOUSING AUTHORITY. , Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr.,Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf. f Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, Robert G. Jones, and W. H. Kitchin, III 8 March 5, 1984 I I I - 12a- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVAL OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BE ISSUED BY SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY Project Name: Lake Bradford Apartments Project Location: 2252 Pleasure House Road Virginia Beach, Virginia Description of Project: Multifamily rental housing apartment complex Amount of Bond(s): $4,000,000 Principals: Vincent J. Mastracco, Jr. Thomas C. Broyles James R. Morrow The purpose of this Resolution is to encourage the Suffolk Redevelopment and Housing Authority to issue its Special Revenue Bonds for the benefit of Lake Bradford Apartments A fiscal impact statement will be attached to and submitted with the Resolution approving the issuance of the bonds. March 5, 1984 - 12b - RESOLUTION OF CITY COUNCIL OF VIRGINIA BEACH DECLARING NEED FOR SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY TO ISSUE RENTAL HOUSING DEVELOPMENT BONDS FOR LAKE BRADFORD APARTMENTS I WHEREAS, the Suffolk Redevelopment and Housing Authority (the Authority) has requested the Virginia Beach City Council (the Council) to declare that there is a need for the Authority to exercise its powers in the City of Virginia Beach (the City) to issue its Rental Housing Development Bonds (the Bonds) in the principal amount of $4,000,000 to assist the Bradford Group, a Virginia limited partnership (the Company), in financing the acquisition of the Lake Bradford Apartments (the Project); and WHEREAS, the Council has held this day a public hearing on this matter; and WHEREAS, the Company has indicated that the Project will remain residential rental property for a minimum of ten years and 20% of the units will be occupied at all times by low to moderate income tenants in compliance with 103(b)(4)(A) of the Internal Revenue Code; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council hereby declares that there is a need for the Authority to exercise its powers to issue the Bonds in the City. I 2. There is a shortage of safe or sanitary dwelling accommodations in such municipality available to per- sons of low income (as defined in Section 36-3 of the Virginia Housing Authorities Law of the Code of Virginia of 1950, as amended) and these conditions can be best remedied through the exercise of the Authority's powers within the City to issue its Bonds. 3. This Resolution shall take effect immediately upon its adoption. Adopted by a quorum of the Council of the City of Virginia Beach, Virginia, on March 5 , 1984. I March 5~ 1984 I I I - 13 - Item II-H.1 ORDINANCES ITEM If 21497 Sam Houston, Sr., representing the Senior Citizen Community, spoke briefly on this Ordinance. Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance to amend and reordain Section 37-10 of the Code of the City of Virginia Beach, Virginia, pertaining to Water Line Fee Exemptions for certain elderly and handicapped persons. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr.,Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf. Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, Robert G. Jones, and W. H. Kitchin, III March 5, 1984 I I I - 13a- AN ORDINANCE TO AMEND AND REORDAIN SECTION 37-10 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO WATER LINE FEE EXEMPTIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 37-10, of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 37-10. Water line fee exemptions - For certain elderly and handicapped persons. ( a) Exemption or partial exemption from payment of the line fees prescribed by section 37-8 is provided for certain property owners who qualify under this section. The exemption is to be administered by the city manager or his authorized designee, herein referred to as the administrator. The administrator is hereby authorized and empowered to prescribe, adopt and enforce such rules and regulations, including the requirement of answers under oath, as may be reasonably necessary to determine qualifications for exemption. The administrator may require the production of certified tax returns and appraisal reports to establish income and financial worth. (b) Exemptions shall be granted under this section subject to the following provisions: ( 1 ) Title to the property for which the line fee exemption is sought must be held or partially held by the applicant at least one hundred and twenty (120) days prior to the installation or scheduled date of installation, whichever comes first, of the water line. ( 2) The owner of the title or partial title must be sixty-five (65) years of age or older at least one hundred and twenty (120) days prior to the installation or scheduled installation date, whichever comes first, of the water line. If such person is under sixty-five (65) years of age, he or she shall possess a certification by the social security March 5. 1984 - 13b - administration, the veteran's administration, or the railroad retirement board, or if such person is not eligible for certification by any of these agencies, a sworn affidavit by two (2) medical doctors licensed to practice medicine in the commonwealth, to the effect that such person is permanently and totally disabled, as defined in I subsection (f) of this section. The affidavit of at least one of such doctors shall be based upon a physical examination of such person by such doctor. The affidavit of one of such doctors may be based upon medical information contained in the records of the civil service commission which is relevant to the standards for determining permanent and total disability as defined in subsection (f) of this section. Such medical affidavits shall be filed with the administrator at such time as the applicant files a water line fee exemption affidavit. ( 3 ) The dwelling to be connected to the water line must be the sole dwelling of the applicant claiming I exemption. ( 4) The total combined income during the immediately preceding calendar year from all sources of the owners of the dwelling living therein and of the owner's relatives living in the dwelling does not exceed ei~fte-efte~Saftð-€~~e ft~ftð~eð-ðe%%a~s-t~875ee.eet fifteen thousand dollars ($15,000.00); provided that the first ~we-efte~Saftð-ðe%%a~s t~~7eee.eet four thousand dollars ($4,000.00) of income of each relative, other than spouse or spouses of the owner or owners living in the dwelling shall not be included in such total. ( 5 ) The net combined financial worth of the owner I shall not exceed eft~~~y-€~~e-~fte~Saftð-ðe%%a~s-t~357eee.eet forty thousand ($40,000.00), excluding the fair market value of the house to be connected to the water line. Net combined financial worth shall include the value of all assets, including equitable interests, of the owner and of the spouse of the owner. -2- March 5. 1984 I I I - 13c - (c) Persons applying for line fee exemption under this section must file with the administrator a line fee exemption affidavit setting forth, in a manner prescribed by the administrator, the location and value of the property to be connected to the water line, the names of the persons related to the owner and occupying the dwelling, their gross combined income and their net combined financial worth. If such applicant is under sixty-five (65) years of age, medical certification or affidavits, as set forth in subsection (b)(2) of this section shall also be filed with the administrator. (d) Where the person claiming exemption conforms to the standards and does not exceed the limitations contained in this section, the line fee exemption shall be as shown in the following schedule: Total income, all sources Exemption ~---99T99---~3T599T99 ~3759~T99---~5T999T99 ~5T99~T99---~6T999T99 ~6799~T99---~~T999T99 ~~T99~T99---~8T599T99 $ 00.00- 9,001.00 - 10,001.00 - 11,001.00 - 13,001.00 - 9,000.00 10,000.00 11,000.00 13,000.00 15,000.00 100% 80% 60% 40% 20% (e) If, within twelve (12) months after the line fee exemption is obtained under this section, the applicant's financial position should change so that its effect would be to remove the person holding the exemption from within the limits and standards of this section, then the person holding the exemption shall refund the amount of the exemption to the city. (f) For purposes of this section, a person is permanently and totally disabled if he is so certified as required in subsection (b)(2) of this section and is found by the administrator to be unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment or deformity which can be expected to result in death or can be expected to last for the duration of such person's life. March 5, 1984 -3- I I I (g) - 13d - Any person falsely claiming an exemption or violating any provision of this section shall be guilty of a Class 1 misdemeanor. Adopted by the Council of the City of Virginia Beach, 5 March , 1984. Virginia, this KJC/da (MISC) 1/24/84 day of March 5, 1984 -4- , , I - 14 - Item II-H. 2 ORDINANCES ITEM If 21498 Sam Houston, Sr., representing the Senior Citizen Community, spoke briefly on this Ordinance. Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance to amend and reordain Section 28-6 of the Code of the City of Virginia Beach, Virginia, pertaining to Sewer Line Fee Exemptions for certain elderly and handicapped persons. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr.,Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf. Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, Robert G. Jones, and W. H. Kitchin, III March 5, 1984 I I I - 14a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 28-6 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO SEWER LINE FEE EXEMPTIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 28-6, of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 28-6. Sewer line fee exemptions - For certain elderly and handicapped persons. ( a) Exemption or partial exemption from payment of the line fees prescribed by section 28-4 is provided for certain property owners who qualify under this section. The exemption is to be administered by the city manager or his authorized designee, herein referred to as the administrator. The administrator is hereby authorized and empowered to prescribe, adopt and enforce such rules and regulations, including the requirement of answers under oath, as may be reasonably necessary to determine qualifications for exemption. The administrator may require the production of certified tax returns and appraisal reports to establish income and financial worth. (b) Exemptions shall be granted under this section subject to the following provisions: ( 1 ) Title to the property for which the line fee exemption is sought must be held or partially held by the applicant at least one hundred and twenty (120) days prior to the installation or scheduled date of installation, whichever comes first, of the public sewer system. ( 2) The owner of the title or partial title must be sixty-five (65) years of age or older at least one hundred and twenty (120) days prior to the installation or scheduled installation date, whichever comes first, of the public sewer system. If such person is under sixty-five (65) years of age, he or she shall possess a certification by the March 5, 1984 - 14b - social security administration, the veteran's administra- tion, or the railroad retirement board, or if such person is not eligible for certification by any of these agencies, a sworn affidavit by two (2) medical doctors licensed to I practice medicine in the commonwealth, to the effect that such person is permanently and totally disabled, as defined in subsection (f) of this section. The affidavit of at least one of such doctors shall be based upon a physical examination of such person by such doctor. The affidavit of one of such doctors may be based upon medical information contained in the records of the civil service commission which is relevant to the standards for determining permanent and total disability as defined in subsection (f) of this section. Such medical affidavits shall be filed with the administrator at such time as the applicant files a sewer line fee exemption affidavit. I ( 3 ) The dwelling to be connected to the public sewer system must be the sole dwelling of the applicant claiming exemption. ( 4 ) The total combined income during the immediately preceding calendar year from all sources of the owners of the dwelling living therein and of the owner's relatives living in the dwelling does not exceed e~~fte-~fte~eaftà-~~~e ft~ftà~eà-àe~~a~e-t~S75~~7~~t fifteen thousand dollars ($15,000.00); provided that the first ~we-~fte~eaftà-de~~a~e t~%T~~~7~~t four thousand dollars ($4,000.00) of income of each relative, other than spouse or spouses of the owner or owners living in the dwelling shall not be included in such I total. ( 5 ) The net combined financial worth of the owner shall not exceed ~ft~~~y-~~~e-~fte~eaftd-de~~a~e-t~35T~~e7~et forty thousand dollars ($40,000.00), excluding the fair market value of the house to be connected to the public sewer system. Net combined financial worth shall include March 53 1984 -2- I I I - 14c - the value of all assets, including equitable interests, of the owner and of the spouse of the owner. (c) Persons applying for line fee exemption under this section must file with the administrator a line fee exemption affidavit setting forth, in a manner prescribed by the administrator, the location and value of the property to be connected to the public sewer, the names of the persons related to the owner and occupying the dwelling, their gross combined income and their net combined financial worth. If such applicant is under sixty-five (65) years of age, medical certification or affidavits, as set forth in subsection (b)(2) of this section shall also be filed with the administrator. (d) Where the person claiming exemption conforms to the standards and does not exceed the limitations contained in this section, the line fee exemption shall be as shown in the following schedule: Total income, all sources Exemption ~---ee~99---~375ee~99 $ 00.00 - 9,000.00 100% ~3759f~ge---~5T9geõ99 9,001.00 - 10,000.00 80% ~5T99f~99---~6T999õ99 10,001.00 - 11,000.00 60% ~6T99fõ99---~~T999~99 11,001.00 - 13,000.00 40% ~~Tgefõge---~8T5eeõ99 13,001.00 - 15,000.00 20% (e) If, within twelve (12) months after the line fee exemption is obtained under this section, the applicant's financial position should change so that its effect would be to remove the person holding the exemption from within the limits and standards of this section, then the person holding the exemption shall refund the amount of the exemption to the city. (f) For purposes of this section, a person is permanently and totally disabled if he is so certified as required in subsection (b)(2) of this section and is found by the administrator to be unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment or deformity which can be expected to result in death or can be expected to last for the duration of such person's life. March 5, 1984 -3- - 14d - (g) Any person falsely claiming an exemption or violating any provision of this section shall be guilty of a Class 1 misdemeanor. Adopted by the Council of the City of Virginia Beach, I Virginia, this 5 day of March KJC/da MISC 1/23/84 , 1984. I I March 5, 1984 -4- L I I I - 15 - Item II-I CONSENT AGENDA ITEM II 21499 ' Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council APPROVED in ONE MOTION, Items 1, 2~ 3,4,5, 6, 7~ 8, and 9 of the CONSENT AGENDA. *Councilwoman Oberndorf stated that she REGISTERED A VERBAL NAY VOTE on Item No.2 (Ordinance to Transfer Funds of $102,000 within the Department of Public Works for a Sewer Cleaner Truck). *Vice Mayor Henley and Councilman McCoy stated that they REGISTERED A VERBAL NAY VOTE on Item No.7 ( Ordinance to Authorize a temporary en- croachment into a portion of the right-of-way of 3425 Kings Neck Drive to Frank D. Lafemina, his heirs, assigns and successors in title). Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr.,Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf. Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, Robert G. Jones, and W. H. Kitchin, III March 5, 1984 - 16 - Item II-l~ CONSENT AGENDA ITEM II 21500 Upon motion by Councilman Baum, seconded by Councilman Jennings, Council ADOPTED an Ordinance to Amend and Reordain Section 2-226 Code of the City of Virginia Beach, Virginia, pertaining to City Generally. Voting: 8-0 Council Members Voting Aye: City of the Depositories John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr. ,Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf. Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, Robert G. Jones, and W. H. Kitchin, III March 5, 1984 I I I I I I - 16a - Requested by: Councilman Robert G. Jones AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-226 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO CITY DEPOSITORIES GENERALLY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-226 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 2-226. City depositories generally. ( a) The city treasurer is authorized to deposit or cause to be deposited all funds of the city in any of the following listed banks or savings and loan associations: t+t--BANK-ep-VFRGFNFAr t~t--BANK-ep-VFRGFNFA---BAS~BRNr f3t--PFRS~-ANB-MBReHAN~S-NA~FeNA~-BANK-ep-~FÐBWA~BRr f4t--PFRS~-ANÐ-MBReHAN~S-NA~FeNA~-BANKr f5t--PFRS~-NA~FeNA~-BANK-ep-~FÐBWA~BRr f6t--PFRS~-VFRGFNFA-BANK-ep-~FÐBWA~BRr f~t--PFÐB~F~¥-AMBRFeAN-BANK-ep-VFRGFNFA-BBAeHr f8t--se9~HBRN-BANK-ANÐ-~R8s~-eeMPAN¥r t9t--9NF~BÐ-VFRGFNFA-BANKfS~A~B-P~AN~BRSr f+9t--9NF~BÐ-VFRGFNFA-BANKfsBABeARÐ-NA~FeNA~r f++t--VFRGFNFA-NA~FeNA~-BANKr f+~t--BANK-ep-VFRGFNFA-BBAeHr f+3t-VFRGFNFA-BBAeH-BANK-ep-eeMMBReBr f+4t--BANK-ep-~HB-eeMMeNWBA~~Hr f+5t--PFRS~-AMBRFeAN-SAVFNGS-ANB-~eAN-ASSeeFA~FeNr f+6t--VFRGFNFA-BBAeH-PBÐBRA~-SAVFNGS-ANÐ-~eAN-AsseeFA~FeNr f+~t--~FPB-PBÐBRA~-SAVFNGS-ANÐ-~eAN-ASSeeFA~FeNr f+8t--M8~9A~-PBÐ8RA~-SAVFNGS-ANÐ-~eAN-AsseeFA~FeNr f+9t--A~~AN~Fe-PBRMANBN~-SAVFNGS-ANÐ-~eAN-ASSeeFA~FeNr f~9t--s8ABeARÐ-SAVFNGS-ANÐ-~eAN-AsseeFA~FeNr f~+t--eHBSAPBAKB-SAVFNGS-ANÐ-~aAN-ASSeerA~FeNr f~~t--HeMB-PBÐBRA~-SAVFNGS-ANÐ-~eAN-AsseeFA~FeNr March 5, 1984 I I I - 16b - t~3t--PrRS~-PBBBRAn-SAVrN6S-ANB-neAN-AsseerA~reN; t~4t--VrR6rNrA-PBBBRAn-SAVrNGS-ANB-neAN-AsseerA~reN; t~5t--er~r~BNS-~RaS~-BANKõ (1 ) (2 ) BANK OF THE COMMONWEALTH. BANK OF VIRGINIA¡ (3 ) (4 ) BANK OF VIRGINIA BEACH¡ BAY SAVINGS BANK¡ (5 ) (6 ) CENTRAL FIDELITY BANK¡ CITIZENS TRUST BANK. (7 ) (8 ) DOMINION NATIONAL BANK¡ FIRST AMERICAN BANK OF VIRGINIA¡ (89) (910) FIRST VIRGINIA BANK OF TIDEWATER¡ SOVRAN BANK, N.A. (i911) (i~12) UNITED VIRGINIA BANK¡ VIRGINIA BEACH BANK OF COMMERCE¡ (i~13) (i314) ATLANTIC PERMANENT SAVINGS AND LOAN ASSOCIATION¡ CITIZENS SAVINGS AND LOAN ASSOCIATION¡ (i415) (-+516) DOMINION FEDERAL SAVINGS AND LOAN ASSOCIATION¡ FIRST AMERICAN SAVINGS AND LOAN ASSOCIATION¡ (+617) (+=t18) HOME FEDERAL SAVINGS AND LOAN ASSOCIATION¡ INVESTORS SAVINGS AND LOAN ASSOCIATION¡ (-+819) (+920) LIFE FEDERAL SAVINGS AND LOAN ASSOCIATION¡ MUTUAL FEDERAL SAVINGS AND LOAN ASSOCIATION¡ (~921) (~+22) SEABOARD SAVINGS AND LOAN ASSOCIATION¡ VIRGINIA BEACH FEDERAL SAVINGS AND LOAN ASSOCIATION¡ (~~23) VIRGINIA FEDERAL SAVINGS AND LOAN ASSOCIATION. ( b) No money shall be deposited in any bank or savings and loan association referred to in this section until the bank or savings and loan association has complied with the Virginia Security for Public Deposits Act, as amended, and other provisions of state law. Adopted by the Council of the City of Virginia Beach, Virginia, this day of 5 March ,1984. MES/sm (G) 2/7/84 ~f~1f§~ -2- , DEPARTMENT ¡1 ~~ > rO SIGNA TURE CITY A HORNEY I I I - 17 - Item II-I. 2 CONSENT AGENDA ITEM It 21501 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED an Ordinance to Transfer Funds of $102,000 within the Department of Public Works for a Sewer Cleaner Truck and Reduce the FY 1984-1985 Budget Request for this vehicle by $125,000. Voting: 7-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr. Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Meyera E. Oberndorf Council Members Absent: Mayor Louis R. Jones, Robert G. Jones, and W. H. Kitchin, III March 5, 1984 I I I- Z w I- Z 0 u 0 I- \I) oC( 0 w > 0 '-': u. C- o({ I - 17a - ... "'" ...., ¡::. 4: Z (:;¡ v:; -,.~..'~..'.' c,' 0;; 0, u.. , Z O~ r; - UJ t- ,,','-':~' ' ~ t" N!;.: , ~ 6,.~,¡;",: .~'~: a. ii:s '~ , U~" ' " 0 " " :. (~- ,:' b,'~' , IX' ~;; r ,- , I AN ORDINANCE TO TRANSFER FUNDS OF $102,000 WITHIN THE DEPARTMENT OF PUBLIC WORKS FOR A SEWER CLEANER TRUCK AND REDUCE THE FY 1984-1985 BUDGET REQUEST FOR THIS VEHICLE BY $125,000 WHEREAS, recently the Department of Public Utilities purchased a sewer cleaner truck through the competitive bid process at a cost of approximately $102,000, and WHEREAS, the Department of Public Works has requested in its FY 85 budget proposal to purchase an identical truck as a replacement unit, and WHEREAS, the purchase of the FY 85 replacement unit at this time will save an estimated $10,000 in purchase price and reduce the FY 85 Department of Public Works budget request by $125,000, and WHEREAS, the Department of Public Works has the necessary funds for this purchase by transfer from lease/purchase of equipment due to the delay in the lease/purchase of nine trucks in this year's budget. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $102,000 are hereby transferred within the Department of Public Works from lease/purchase to capital replacement for a sewer cleaner truck. BE IT FURTHER ORDAINED that the FY 85 budget request of the Department of Public Works for the acquisition of this vehicle be reduced by $125,000. Adopted by the Council of the City of Virginia Beach, Virginia on the day of Harch , 19 84 Fifth Narch 5, 1984 , , I - 18 - Item II-I. 3 CONSENT AGENDA ITEM II 21502 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED, on SECOND READING, an Ordinance to accept and appro- priate funds in the amount of $3,300 from the Virginia Division of Parks and Recreation and the Brigadoon Civic League to the Brigadoon Park Fitness Trail. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr.,Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf. Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, Robert G. Jones, and W. H. Kitchin, III March 5, 1984 I I I - 19 - Item II-I. 4 CONSENT AGENDA ITEM II 21503 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED, on SECOND READING, an Ordinance to decrease the Pendleton Child Service Center appropriation and revenue by $73,543* (AS AMENDED). *This amendment changes the reduction from $78,543 (First Reading reduction) to $73,543. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, Robert G. Jones, and W. H. Kitchin, III March 5, 1984 I I I - 19a- Requested by: Department of Finance AN ORDINANCE TO DECREASE THE PENDLETON CHILD SERVICE CENTER APPROPRIATION AND REVENUE BY $73,543, AS AMENDED WHEREAS, the Pendleton Child Service Center (PCSC) has been advised by various contributing agencies of adjust- ments to the PCSC revenues which have the overall effect of a net reduction of $73,543; and WHEREAS, the United States Department of Agriculture (USDA) has awarded $1,872 for the salary of a relief cook and 75% of the cost of a waste disposal service for the PCSC, and these revenues have been included in the previously mentioned net reduction; and WHEREAS, the reductions were approved by the Management Board of the PCSC at its December 8, 1983 meeting. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: THAT FY-84 Pendleton Child Service Center appropria- tions and revenues are hereby reduced in the amount of $73,543. FIRST READING: February 27. 1984 SECOND READING: March 5. 1984 ADOPTED: -----. March 5. 1984 March 5. 1984 - 18a- AN ORDINANCE ACCEPTING FUNDING FROM THE VIRGINIA DIVISION OF PARKS AND RECREATION AND THE BRIGADOON CIVIC LEAGUE FOR THE BRIGADOON PARK FITNESS TRAIL AND APPROPRIATING THESE FUNDS WHEREAS, the Virginia Division of Parks and Recreation provides funding I assistance to localities to develop outdoor fitness facilities; and WHEREAS, there is an urgent need within the Brigadoon section of Virginia Beach to develop such a facility; and WHEREAS, the Virginia Division of Parks and Recreation has approved a grant of $3,000 for this project; and WHEREAS, the Brigadoon Civic League has expressed its support for the project through the donation of $300; and WHEREAS, the Brigadoon Civic League will lend volunteer assistance in the construction of such a fitness facility; and WHEREAS, the City's share of $2,993 is included in the Brigadoon Park CAPITAL IMPROVEMENT PROJECT (CIP4-702). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: I That the City Manager is hereby authorized to accept the aforementioned grant of $3,000 from the Commonwealth and the donation of $300 from the Brigadoon Civic League and that these funds are appropriated for the purpose of building this fitness trail. BE IT FURTHER ORDAINED that the appropriation be financed by $3,300 in estimated revenue from the state of Virginia and the Brigadoon Civic League. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on the 5 day of March , 1 984 . First Reading: Feburarv 27. 1984 Second Reading: March 5, 1984 I March 5, 1984 I I I - 20 - Item II-I. 5 CONSENT AGENDA ITEM 11 21504 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council APPROVED, on FIRST READING, an Ordinance to Appropriate Funds of $25,000 to the Sheriff's Office for Travel Expense. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, Robert G. Jones, and W. H. Kitchin, III March 5, 1984 i ~ .... z 0 u 0 l- V) oCt 0 ~ > 0 L'.! 0- 0- <t I I I -2Ga - ..... "" ::) t- « z \:J v; AN ORDINANCE TO APPROPRIATE FUNDS OF $25,000 TO THE SHERIFF'S OFFICE FOR TRAVEL EXPENSE WHEREAS, during FY 84 the Sheriff's office was approved additional civil processor positions to accommodate the additional workload as a result of the closing of the High Constable's office, and WHEREAS, because of the increased activity, the Sheriff's office indicates the need for additional funds of $25,000 for the remainder of this fiscal year for travel expense, and WHEREAS, the State Compensa~ion Board has revised the allocation to the Sheriff's office and will reimburse this additional expense. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $25,000 are hereby appropriated to the Sheriff's office for travel expense. BE IT FURTHER ORDAINED that the appropriation be offset by an increase in estimated revenue from the Commonwealth of $25,000. Adopted by the Council of the City of Virginia Beach, Virginia on the day)f , 19 84 Public Hearing: }larch 5, 1984 First Reading: ~iarch 5. 1984 March 5, 1984 Second Reading: I I I - 21 - Item II-I. 6 CONSENT AGENDA ITEM 11 21505 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED an Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Park Avenue and 22nd Street to the Vir- ginia Beach Arts Center, its assigns and successors in title. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, Robert G. Jones, and W. H. Kitchin, III March 5, 1984 I I I - 21a- AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF PARK AVENUE AND 22ND STREET TO THE VIRGINIA BEACH ARTS CENTER, ITS ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, the Virginia Beach Arts Center is authorized to construct and maintain a temporary encroachment into a portion of the City right-of-way of Park Avenue and 22nd Street. That the temporary encroachment herein authorized is for the purpose of an identification sign and that said encroachment shall be constructed in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Park Avenue and 22nd Street as indicated on the attached plat entitled "Site Plan;" the encroachment is to be an 8'x20' duraply sign to designate the adjacent property as "Future Home of the Virginia Beach Arts Center" to be affixed to the front post of the existing "Bon Voyage" sign and to extend back at a 45° angle in a northwesterly direction, a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of the Virginia Beach Arts Center and within thirty (30) days after such notice is given, said encroachment shall be removed from the City right-of-way of Park Avenue and 22nd Street by the Virginia Beach Arts Center and that the Virginia Beach Arts Center, its assigns and successors shall bear all costs and expenses of such removal. And PROVIDED FURTHER, that it is expressly understood and agreed that the Virginia Beach Arts Center, its assigns and March 5, 1984 I I I - 21b - successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment; and PROVIDED FURTHER, this ordinance shall not be in effect until such time that the Virginia Beach Arts Center executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions and other provisions deemed appropriate by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 5 day of March , 1 9 84 . MES/re 1/5/84 (29) ,.-.,.-,.---"".' t.,i.'?~.~..'d .,. ~,:' :'(,,': -+)-;c1~~-. . , ;""',¡ -2- March 5, 1984 , , I - 22 - Item II- 1. 7 CONSENT AGENDA ITEM It 21506 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED an Ordinance to authorize a temporary encroachment into a portion of the right-of-way of 3425 Kings Neck Drive to Frank D. Lafemina, his heirs, assigns and successors in title. Voting: 6-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr., Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: Vice Mayor Barbara M. Henley, and J. Henry McCoy, Jr., D.D.S. Council Members Absent: Mayor Louis R. Jones, Robert G. Jones, and W. H. Kitchin, III March 5, 1984 I I I -22a - Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF 3425 KINGS NECK DRIVE TO MR. FRANK D. LAFEMINA, HIS HEIRS, ASSIGNS AND SUCCESORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, MR. FRANK D. LAFEMINA, his heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment into the right-of-way of 3425 Kings Neck Drive. That the temporary encroachment herein authorized is for the purpose of erecting and maintaining a fence and that said encroachment shall be erected and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Kings Neck Drive, on the certain plat entitled: "Physical Survey of Lot 25, King's Point East, 3425 Kings Neck Road, Virginia Beach, Virginia for Frank D. LaFemina & Barbara A. LaFemina," a copy of which is on file in the Department of Public Work and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Mr. Frank D. LaFemina, his heirs, assigns and successors in title and that within thirty 30 days after such notice is given, said encroachment shall be removed from the City right-of-way of Kings Neck Road and that Mr. Frank D. LaFemina, March 5. 1984 I I I - 22b - his heirs, assigns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that Mr. Frank D. LaFemina, his heirs, assigns and successors in title shall indemnify and hold harmless the City of virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Mr. Frank D. LaFemina executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 5 day oØ1arch , 1 9 84 . MES/sm 2/29/84 APF~,O~J ;~U ; ,'-,' -."-- ..-" i::":;~ --_.-'-- _U ,------ , ,..,-,--' DEi:'/.:-, " ",,--,-._'---- APPRG\f1:::) n - 1\ ,,~~w2f ~!",~,),!LR~ CITY hTTC,'>TY -2- March 5.. 1984 I I I Item II-L8 CONSENT AGENDA ITEM II 21507 Upon motion by Councilman Baum, seconded by Council ADOPTED an ordinance to authorize a into a portion of the right-of-way of Ocean his heirs, assigns and successors in title. Voting: 8-0 Council Members Voting Aye: - 23 - Councilman Jennings, City temporary encroachment Shore Avenue to L.A. Hobbs, John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, Robert G. Jones, and W. H. Kitchin, III March 5, 1984 I I I - 23a - Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OCEAN SHORE AVENUE TO L. A. HOBBS, HIS HEIRS, ASSIGNS AND SUCCESORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, L. A. Hobbs, his heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment into the right-of-way of Ocean Shore Avenue. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a 4-inch storm drainage pipe to service property located at 2961 Ocean Shore Avenue in Virginia Beach and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Ocean Shore Avenue, on the certain plat entitled: "PHYSICAL SURVEY OF PORTION OF OCEAN SHORE AVENUE ADJACENT TO BLOCK E, LYNNHAVEN BEACH SHOWING PROPOSED DRAINAGE PIPE ENCROACHMENT FOR L. A. HOBBS," a copy of which is on file in the Department of Public Work and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to L. A. Hobbs, his heirs, assigns and successors in title and that within thirty 30 days after such notice is given, said encroachment shall be removed from the City right-of-way of Ocean Shore Avenue and that L. A. Hobbs, his heirs, assigns and successors in title shall bear all costs and March 5, 1984 I -23b - expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that L. A. Hobbs, his heirs, assigns and successors in title shall indemnify and hold harmless the City of Virginia I Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that L. A. Hobbs executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ day of , 1 984 . Mar('b I MES/re 2/7/84 (29E) AP;\:OVED /.5 T~.) "::cmn::¡,;r SIC: ~"\ TU;;E --- Dc;-;"Rftí:;'-;r---- _m~'lrl~- (i \ y -2- I I I - 24 - Item II-I. 9 CONSENT AGENDA ITEM It 21508 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council APPROVED the following: Raffle Permits American Association of University Women, Virginia Beach Bayside Junior High School Band Parents' Association Bingo/Raffle: Gymstrada Team Parents' Association Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, Robert G. Jones, and W. H. Kitchin, III March 5, 1984 - 25 - Item II-J.1 PLANNING ITEM it 21509 Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance to AMEND and REORDAIN the COMPREHENSIVE ZONING ORDINANCE per the following: ARTICLE 1, SECTION Ill, pertaining to definitions.* *This Ordinance was ADOPTED by City Council January 23, 1984. On February 6, 1984 City Council voted to RECONSIDER this Ordinance to allow the City Attorney to review it further, and make a few minor changes. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, Robert G. Jones, and W. H. Kitchin, III March 5, 1984 I I I I I I -25a - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECTIO~ 111 OF THE COMPREHŒSIVE ZONIfIG ORDINANCE PERTAINING TO DEFINITIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 1, Section 111, Definitions, of the C.Z.D. be amended and re- ordained in part as follows: A~eaee~--A-eeR~~~~e~s-a~ea-W~~R-aeeess-te-a-st~eet-e~-etRe~-~~9i~€ waYT-wR~eR-~s-e~eR-aRe-~ReBs~~~etee-te-a-Re~~Rt-ef-Aet-iess-tRaR-tweive ft2t-feet;-~s-aeeesS~Bte-te-tRe-~~Bt~€-e~F~Ag-9~s~Aess-Re~Fs,-Ras-aR aFea-ef-Ret-teSs-tRaR-f~Ye-R~Re~ee-fSBB1-s~~aFe-feet-~R€t~e~R§-~e~t~eRs eee~~~eð-9Y-9~~te}A§-eet~ffiAsT-aAe-Ras-a-ffi~R~~~ffi-eeFF~eeF-e~~eAs~eA-8f teR-f~Bt-feet~--~~eR-aFea-SAat~-Aet-ee-~eFe-tRaR-tRFee-f3j-feet-aeeve tAe-~eYe~-ef-tRe-stFeet-wA~eA-~t-aeje~Rs. BeRef}eiat-e~eR-s~aee~--B~eR-S~a€e-~e~feF~~Rg-a-Re€eSSaFy-eF-ee5~Fae+e f~Ret~eR-~R-Fetat~eR-te-Fe5~eeRt~at-~se~--BeRef~€~a+-e~eR-S~a€e-ffiaY-~R- e+~ee,-affieR9-etReF-5~~~+aF-aFeasT-eeeaR5,-F~ve~s,-iake5T-~aFk5,-aRe 9Fe~RQS-aFe~Re-~~et~e-e~~+å~R9S. BeaFe~R9-Re~se~--A-e~~+e~R9-etReF-tRaR-a-Retet-eF-~ete+-wReF€,-feF €e~~eAsat~eAT-~ea~s-eF-+ee9~R§-aAe-ffiea+s,-aFe-~Fev~eee-feF-tAFee-f3j eF-~eFe,-9~t-Aet-e*eeee~A§-A~Ae-f9t-9~ests. 8~~+ea9+e-aFea~--+Re-~e~t~eA-ef-a-~eR~Ag-+et-e*et~e~Rg-Fe~~~Fee-yaFe5~ B~~+e~A9s-~aY-ge-~+aeee-~R-aAy-~aFt-ef-tRe-9~~+eaete-aFea-as-+eA§-as ma*~m~m-+et-eeYeFage-Fe~~~FemeAts-aFe-~et. 8~~+ea9+e-a~ea-ge~RåaFY-+~Ae~--AAY-9f-tRe-~ma§~RaFY-+~Re5-wA~eR-eeR- st~t~tes-a-~eF~meteF-se~aFat~R§-tRe-B~~+ea9+e-a~ea-fFem-tRe-Fe~~~Fee yaFes-ef-a-~eA~A§-+et. baF~eFt~--AA-aeeesse~y-stF~€t~Fe-eF-~eFt~eR-ef-a-~F~Re~~at-stF~et~~e, eeAs~st~A9-ef-a-Feef-aRe-s~~~9Ft~R§-~e~geFS-S~€R-aS-€e+~~Rs-e~-geaffisT ~ReAeteSee-fFem-tRe-9F9~Ae-te-tRe-Feef-eR-at-+east-twe-f2j-s~ees,-aAe ees~~Aee-eF-~see-feF-tRe-steFa§e-ef-ffieteF-YeR~€teS-ewRee-aRe-~see-9Y tRe-eee~~aAts-ef-tRe-9~~+e~A§-te-wR~eR-~t-~s-ae€eSseFY~ b8asta~-Ra~aFe-e~stF~et~--+Rat-aFea-s~9jeet-te-f+eee~A§,-waY€-aet~8A aAe-eF8s~8R-9y-eeastat-t~ea+-waYeS-eF-st8F~S~ Day care center. ARy-esta~+~sRffieRt-wReFe-f~Ye-fSt-eF-~eFe-~eFseRs, e~et~å~R§-~effigeFs-ef-tRe-faffi~+y-eee~~Y~A§-tRe-~Fe~~ses,-aFe-eaFe8-feF~ +Re-teFm-~Ae+~eeS-8aY-R~FseF~es,-k~ReeF§aFteRs,-eR~~e-eaFe-eeR£eFs-aA8 ae~+t-ea~-eaFe-eeRteFs~ Any facility operated for the purpose of provid- ing care, rotection and uidance to a rou of children se arated from their parents or guardians ur;ng a part 0 t e 24 our day. n regard March 5. 1984 ~ -25b - to facilities operated in a private family home as an approved home occupation, this term shall apply only to homes in which five or more children are received except children who are related by blood or marriage to persons who maintain the home. Dens ity. The number of dwelling or lodging units per gross acre. I Qee~ee+.--A-~R~t-ef-~eas~~e~eRt-ef-tRe-~RteRs~ty-ef-se~Re-ttRe-se~Re ~~ess~~e-+e~e+t. ges~§R-f+eee.--tRe-se+e€tee-f+eea-a§atRst-wR~€R-~~ete€tteR-~5-~~ev~eea e~-e~eRt~a+ty-w~++-ee-~~ev~eee;-ey-~eaRs-ef-f+eee-~~eteet~ve-e~-€eRt~e+ we~ks.--Jt-~s-tRe-easjs-fe~-ee5~§R-aRe-e~e~at~eR-ef-a-~a~t~€~+a~-~~e3e€t afte~-f~++-eeR5~ee~at~eR-ef-f+eee-eRa~aete~~st~es;-f~e~~eAe~es-aRe ~eteRtjatS;-aRe-eeeRe~~e-aRe-etRe~-~~aet~eat-eeRs~ee~at~eAs~ F~e~~eRey.--As-~see-jR-tRe-Rejse-~e§~tatjeRs-js-tRe-R~~ee~-ef esej+tatjeRs-~e~-seeeRe-ef-a-~je~atjeR~ I W9~e9WRe~s-assgejat~9R.--AA-~R€9~~9~atee;-R9R-~~9f~t-9~~aR~~at~9R e~e~at~R~-~Rae~-~eee~aeè-+e§a+-a9~ee~eRts-~~RR~R§-w~tR-tRe-~aRèT--YRge~ 5~eR-a~~ee~eRts;-tRe-assee~at~9R-~ay-ee-fe~~ee-9R-tRe-BaS~5 Jf-e~tRe~ ~9+~Rta~y-9~-a~t9~at~e-~e~ee~SR~~.--A-v9+~Rta~y-9F-R9Ra~t9~d~+€-a559~~i- t~9R-9~e~atea-W}tR-+aRe-a9Fee~eRts-B~t-w~tR-~e~Be~SR~~-aRè-a55e55~eRt5- 9~t~9Aa+-w~tR-tRe-t9t-9wRe~-aRe-a~S€~et}9AaFY-9R-tRe-~aFt-9f-tRe-9~gaR~~i- t~9R-~aAa§e~eRt.--A-Y9t~Rta~y-asSge}at}9R-ef-~~9~eFty-9WReF5-~5-~5ee-íe~ 9ße~at~9A-9f-e9~~~A~ty-et~BS-9~-f9~-~ee~eat}eRa~-feat~~e5-5~eR-as-a SW~~~R§-~99t-9~-99tf-et~B-WRe~e~R-tRe-èe~e~9~~eRt-~~9Y~èes-tRe-íae~+~ty aRe-e9Rt~R~eS-R}S-~at~9Ra~e-aRè-9WRe~sR~~.--+Re-e9YeRaRt5-9~-QtRe~ ege~~eRts-9í-t~t+e-a~e-R9t-~ee9~èeè-aRe-~ReeF~9~ateè-w~tR-ea6R-èeeè-Qí eeR~eyaRee.--A~t9~atje-~e~Be~SR~~-~s-eRe-jR-wR~eRT tat !aeR-+9t-ewRe~-}R-a-~+aRReè-~R~ty-eF-9tReF-èeseF~Beè-+aRe-aFea a~t9~at~eattY-Bee9~es-a-~e~Be~-~~eR-~~~eRaSey-aRè tBt !aeR-t9t-}S-a~t9~at~ea+~y-S~B3eet-te-a-eRa~~e-f9~-~~9~9Ft~9Rate SRaFe-ef-tRe-e*~eRse-feF-tRe-9~~aR~lat~9R15-aet~Y~t~e5y-5~€R-aS ~a~Rta~R~R~-e9~9R-~F9~eFtYT Homeowners association. An incorporated, non-profit organization made up of homeowners in a specified subdivision or subdivisions, that shall be responsible for maintenance and operation of neighborhood recreation facilities or other community facilities or functions, and that shall assess its members fees or dues to offset the cost thereof. I March 5, 1984 I - 25c - Hotel. A building or group of attached or detached buildings con- taining dwelling or lodging units in which fifty (50) percent or more of the units are lodging units. A hotel shall include a lobby, clerk's desk or counter and facilities for registration and keeping of records relating to hotel guests. This term also includes motels. ¡~~aet-v~9Fat~eRs~--éa~tR-B~FRe-ese~++at~eRs-eee~FF~Rg-at-sF-less tRaR-eAe-R~AåFeå-f+QQt-tt~eS-~eF-~tA~te~ I Junkyard. tAe-é~s~aRt+tRg-eF-wFeektR~-ef-~eteF-YeRte+es-eF-tFatleFs} eF-tRe-steFa~eT-sa+e-eF-éij~~tA~-ef-åts~aRtleéT-~aFttal+y-åtSmðRtleåT eBse+ete-eF-wFee~eé-YeR~e+es-eF-tRetF-~aFts-eF-etReF-seFa~-~eta+s~ Any lot or parcel of land, structure or part thereof used for the collection, storage and sale of wastepaper, rags or scrap metal or discarded material, or for the collection, dismantling, storage and salvaging of machiner or vehicles not in runnin condition and for the sale of arts the reo . Landscaped. A-~atAta~Aeå-aFea Devoted exclusively to plants which are rooted directly in the ground or in permanently fixed planter boxes properly maintained. Lot. A piece or parcel of land abutting on a street and created by proper legal instrument. Lot coverage. That ~eFtteA percent of a zoning lot covered by enclosed building space including total area of all covered open space (except for open space covered by eaves and normal overhang of roofs) but not including uncovered entrance platforms, uncovered terraces, or uncovered steps whey-' ')uch features do not themselves constitute enclosures for building a.~as below them. I HaR~faet~FtR§~--tRe-~eeRaRtea+-eF-eRe~tea+-tFaRsfeF~atteR-ef-tReFgaRte eF-eF§aRte-SijBstaRees-tRte-Rew-~Feå~ets~ Marina. A facility for secure mooring of boats for use by persons including the owner or resident of the lot and those other than the owner or resident of the lot upon which the facility is located. Mini-warehouses. rent or lease. A series of individual enclosed storage units for NeReeRfeFffltAg-+et~--A-tet-wRteR-waS-~FeYte~sly-tawf~+-Bijt-WRteR-åees Ret-ee~~ty-wttR-tRe-ffltRt~ijæ-+et-aFea-eF-wtètR-Fe~ijtFeæeRts-ef-tRe-åtstFtet tR-wRteR-tt-~S-teeateèT-ettRep-eR-tRe-effeettYe-åate-ef-tR~s-eFåtRaRee eF-as-a-Fes~+t-ef-aRY-SijBSe~ijeRt-a~eRå~eRt-tReFete. NeReeAfeF~tR~-St~R~--ARY-StgR-tawf~+-at-tRe-effeettYe-åate-ef-tAtS eFåtRaRee-ep-a~eRèæeRt-tRepete-wAteA-åees-Ret-eeRfep~-wttA-tRe-a~~+teaB+e ~Fev~SteAS-ef-tRtS-eFè~RaRee-eF-SijBSe~ijeRt-aæeAeæeRt-tReFeteT-eF-aAY etReF-eFètRaRee-ef-tRe-Geee-ef-tRe-Gtty-ef-VtF§tRta-BeaeR~ I March 5, 1984 - 25d - . NeReeRfe~~~R9-St~w6tw~eST--ARY-St~w6tw~e-WR~6R-WaS-pFeV~9WS¡Y-¡iW;W¡ 9wt-wR~eR-QeeS-Ret-e9~~+Y-W~tR-tRe-8W+ky-ya~åy-set9a6k-9F-Re~9Rt-Fe9w¡i- t~9RS-9f-tRe-å~st~~6t-~R-WR~eR-~t-~S-+96iteåy-e~tReF-9R-tRe-e;fe6t~v9 åate-9f-tR~S-9~å~RaR6e-e~-aS-a-FeSW+t-9f-aRY-SW9Se~WeRt-i~eRå~eRt tReFete... I NeRe9RfeF~jR9-wse-ef-+aRå...--ARy-wse-ef-a-leR~R9-+9t-WR~6R-WiS-pFeV~gWS¡Y +aWfW+-9wt-wRjeR-åeeS-Ret-eeRfe~~-t9-tRe-a~~+j6a8+e-WSe-Fe9W+it~9RS-9f tRe-QjstFjet-jR-wRjeR-jt-js-+eeateåy-e~tReF-9R-tRe-e;feet~ve-åite-9f-tR~S eFåjRaRee-eF-as-tRe-FeSW+t-9f-iRY-SW8Se~weRt-ameRå~eRt-tReFete. NeReeRfeF~jR9-wse-ef-stFwetwFes...--ARy-wse-9f-a-8w~+å~R9-9~-9tReF-stFw6twFe WR~eR-WaS-~peyjews+y-+awfw+-8wt-wR~eR-ågeS-R9t-e9Rf9Fm-t9-tRe-a~p+~6i9¡e wSe-Fe9W+itj9RS-9f-tRe-å~stF~6t-jR-WRj6R-jt-js-+e6iteåy-e~tAeF-eR-tAe effeetive-åate-ef-tAjs-eFåjRiR6e-9F-iS-a-FeSW¡t-9f-iRY-sw9seqweRt-imeRQ. meRt-tRel=ete. Qetave-9iRå-fj+teI=T--AR-jRstFwmeRt-stiRåiFåjèeå-by-tAe-Ame~~6iR-¡tiRQiFQ' Assgejitj9Ry-Wseå-tR-eeR3wR6tj9R-W~tR-i-S9WRå-+eve¡-meteF-te-tike-meiSWFe- meRts-iR-speejfje-getave-9iRås. P+iRT--~P+aR~-iS-wseå-jR-AFtj6+e-++y-Fe+it~R9-te-~+aRReå-åeve+9pmeRty SAi++-meaR-tAe-pF9p9Sa+-f9F-i-~¡iRReå-åeve+epmeRt-pF93e6ty-~R6+W9~R9-tR9 SWbQ~vjs~eR-mipy-a++-69VeRiRtSy-gFiRts-eF-eaSemeRts-iR9-9tRe~-6eRåjt~9RS F9~it~R9-tg-WSey-~g6itj9R-iRå-bw+k-ef-bwj¡å~RgSy-QeRS~tY-9î-Qeve+gpmeRty 6gmm9R-gpeR-Spieey-iRå-pwb+~6-fi6j+~tjes. I ~+aRR9g-åeve+e~meRt-pF93e6tT--~9F-pWFp9seS-9;-tRese-FegW+atjeRSy-i P+iRRQQ-QQVe+gpmeRt-j'-+aRå-WRåeF-wR~fjeå-eeRtFe+y-p+iRReå-iRå-åeveigpeQ i'-a-WA9+e-a66eFå~Rg-te-69mpFeReRsjve-aRå-åetij+eå-p¡iRS-WRj6A-jR6+wåe R9t-9R+~-'tl=eetsy-wtj+jtjeSy-¡9tSy-eF-9wj+QjR9-sjtes-iRå-tRe-+jkey-bwt i¡,g-'ite-p+iRSy-f+99F-p¡aRSy-aRå-e¡evit~9RS-;9F-a+¡-9W~¡å~R9'-iS-jR- t9RQ9Q-t9-b9-+96iteQy-6eRstFweteåy-wseQy-iRQ-Fe+ateå-tg-eieR-gtReF-~t9 tAe-exteRt-l=eqwiFeå-fel=-åeteFmjRatj9Rs-te-ge-maåe-WRåeF-tRese-FegW+atjgRsjy iRQ-Qeti~¡eQ-p¡aRS-fgF-gtReF-wses-aRå-jmpFgVemeRts-9R-tAe-¡iRQ-iS-Fe+iteQ tg-tAg-bw~+åiRgSy-iRQ-wjtR-a-pFggFim-;9F-pF9VjSj9Ry-9peFit~gR~-aRQ-mijRte- RiRee-g;-SW6A-il=eiSy-jmp~9Ye~eRtSy-fi6j¡jtjeSy-aRå-seFyj6es-is-wj¡+-be f9~-tAe-6g~9R-WSe-b~-sQ~e-g~-a¡¡-gf-tAQ-9'6WpiRts-e;-tAe-g~stFiet-bwt wj¡¡-Rgt-be-p~gvjåegy-gpeFateQy-gF-mijRtiiR9å-it-geReFa¡-pwb~~e-eXpeRSe. P¡aRRjRg-åjFe6teFT--+Re-~¡aRR~Rg-åiFe6tgF-9f-tAe-6jt~-9Wt-~t-sAa++-i+S9 iR6¡WQe-Qesj9Riteå-FepF9seRtatjve,-gf-tAe-gj~eetg~y--AS-iPPF9pFiite-tg tRe-6jI=6wmstiR6eSy-ippFgVa+-by-tAe-åj~e6tgF-'Ri¡¡-jR6¡Wåe-ippF9Vi+-bY-RjS QesjgRiteg-~epI=9seRtitjve. Principal structure. use. A structure that encloses or houses any principal Reta~RjR9-wa~+...--ARy-wa¡¡-WR~eR-fwR€tjeR-js-te-~es~st-tRe-¡ate~at åjs~~aeemeRt-ef-iRy-~atep~a~. Reef-~eYe~...--tRe-R~~Rest-~eiRt-ef-tRe-ee~jR9T-R8t-iRe¡~å~R~-aRy-~i~a~et e~-faeaåeT-ef-a-flat-peef-e~-tRe-åeek-liRe-9f-a-æaRsapå-Feef-9F-tRe-aYeFa~e RejgRt-9f-tRe-R~9Rest-~a8~e-ef-a-~jteR-e~-R9~-Feef... I Harch 5, 1984 - 25e - I Sign. Any device designed to inform or attract the attention of persons not on the premises on which the sign is located, provided however, that flags and insignia or any govermnent or nonprofit organizations except when displayed in connection with commercial prom~tion shall not be included in the application of the regulations herel n. ~e~Rå-teYet-~eteFr--AR-tRstF~~eRt-staRåaFåtleå-9y-t~e-~eFteaR gtaRåaFås-AsseetatteRr-~seå-feF-~eas~F~eRt-ef-t~e-tRteRstty-ef-se~RåT aRå-eatt9Fateå-tR-åeetgetSr ;teaåy-state-Yt9FatteRSr--EaFt~geFRe-eSetttatteRS-eee~FFtR~-~eFe-t~aR eRe-~~RåFeå-{~QQt-tt~eS-~eF-~tR~ter Street. A vehicular way, whether public or private, (which may also serve as part of a way for pedestrian trafflc) whether called street, highway, thoroughfare, parkway, throughway, road avenue, boulevard, lane, place, alley, mall or otherwise designated. ;tpeeti-aFteFtat-eF-~ajep-stFeetr--A-stFeet-Yseå-9y-eF-åest~Rateå ~Ft~aPtty-fep-fast-eF-heayy-tpaffte-aRå-fep-the-~YF~eSe-ef-th~s-eFåtRaRee Shatt-ge-eeRStåepeå-te-ge-as-shewR-tR-aRy-ee~~FeheRStYe-~taR-eF-etemeRt t~epeef-åest~RattR~-SYeh-aFteFtat-ep-~ajep-stpeets-ep-ht~~ays-efftetatty aåe~teå-9y-e~ty-eeYRettr I ~tpeet;-eetteetePr--A-stpeet-Yseå-~Pt~aFtty-te-eaPFy-ffe~-~tRep-stfeets te-aFteFtat-eF-~ajeF-stpeets-eF-ht~hwaysr ~tFeetT-~af~tRat-aeeesSr--A-stFeet-~seå-te-se~aFate-teeat-tFaffte-ffe~ thFeY~h-tFaff~e-eR-aR-aejaeeRt-theFeY~hfaFe-aRå-~Feytåe-eeRtFettee 4R~pess-te-aRå-e~pess-fF~-thfeY~h-tFaffter ;tfeetT-~tReFr--A-stpeet-Yseå-~Ft~aFtty-feF-aeeess-te-a9YtttR~ ~Fe~eFtteS-aRå-tRetYåes-~af~tRat-aeeess-stFeets-whteh-aFe-~eReFatty ~aFattet-aRå-aåjaeeRt-te-aptePtat-stFeets-eF-ht~hways-SeFY~R~-a9~tttR~ ~Fe~eFtteS-aRå-~FeYtetR~-~feteetteR-fF8ffi-fFtetteR-Wtth-thFey~h-tFaffter Student center. A building or structure devoted to active or passive recreational facilities for students of a college or university and operated by an agent of the college or university. ---- Student dormitory. A building or structure devoted to housing of regularly enrolled students of a college or university which contains lod~ing units or sleeping rooms and may contain a common kitchen and dinln~ facility for the occupants and operated by an agent of the college or unlversity with which the students are attlilated. I March 5, 1984 I I I - 25f - +RFee-e9~~9AeAt-~eaSij~~R§-syste~~--A-åeY~ee-f9~-fee9På~R§-tRe-iRteRs~ty 9f-aAY-Y~9Fat~9A-~A-tRfee-f3t-~~t~a~~y-~eF~eRå~eij~aF-à~feeti9RS. +e~F~st-Re~e~--A-Bij~~å~A§-e~-§peijß-9f-attaeReà-9F-àetaeReå-B~i~àiR§ST €9Rta~A~R§-~A-€9~B~RatieR-tRFee-f3t-t8-A~Re-f9t-+eà§~R§-aRàfeF-åwe~~iR§ ~R~ts-fep-eee~~aAeY-f9P-åa~~y-eF-week~y-~ep~8àsT-w~tR-9P-witR8~t-BeaFåT aRà-ßP~~ap~ty-fe~-gee~ßaReY-By-tPaRS~eAtsT-as-à~st~R§ijiSReå-fp8~-~~~t~~~e éWe+t~R§S-aRà-F8e~iR§-R9~SeS-~R-WR~6R-8eeij~aRey-~s-~P~~aFi+y-9Y-FeS~eeR~S patRep-tRaR-t~aRs~eAts. YsaBte-P99f-apea~--+9ta+-F8ef-a~ea-ef-~es~åeRt~a+-Bij~+å~R§ST-§aFa§eST aRå-aeeeSSeFY-9~~+å~R§s-wR~eR-RaS-geeR-+aRésea~eå-9P-~~~F8veå-aS-Feepeat~8A s~aee-f8P-~se-ef-pes~åeRts-ef-tRe-éeve+e~~eRt. ¥aFàT-s~ee~at~--ARy-yapå-se-~+aeeå-eF-eF~eRteå-tRat-Ae~tRep-tRe-teF~ s~àe-yapà-9F-peap-yapå-eteaF+y-a~~+~es~ Adopted by the Council of the City of Virginia Beach, Virginia, on the 5 day of March , 1984. 2/29/84 . ...~. >' "'~"~oJI'" '0< ,. 'fiÞ--- /I~ . ¡z.-/I-!} . : {( ~::'rlN. - - - -- - ---- , .. .'; - ',!< ,.J ['. March 5, 1984 I I I - 26 - Item II-J. 2 PLANNING ITEM II 21510 Upon motion by Councilwoman McClanan, seconded by Councilwoman Oberndorf, City Council ADOPTED "substitute language" in an Ordinance to AMEND AND REORDAIN the COMPREHENSIVE ZONING ORDINANCE of ARTICLE 9, SECTIONS 911(a) (8) * which had previously been ADOPTED by City Council (AS AMENDED) on February 27, 1984. *"Conunerical recreation facilities other than those of an outdoor nature. pf6vf~e~-~ha~-amtl8emeft~afea~e8 s ha :l::l:-be-pefiftf~ t:-ed-6fi:l:y- as-- a-e 6ftd f~i6fta:l:--tlset Pr ov i d ed however, that--such facilities shall be--permitted only as a conditional use on a zoning lot in ~he B-2 Community Business District where such zoning lot adjoins the side or rear yard of a zoning lot in a residentialL apartment or agricultural district without an intervening street, alley or permanent open space twenty-five (25) feet or greater in width. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, Robert G. Jones, and W. H. Kitchin, III March 5, 1984 - 26a- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 9, SECTIONS 9ll(a) (8) and 9ll(c) (1) OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO USE REGULATIONS FOR COMMERCIAL AMUSEMENT FACILITIES AND AMUSEMENT ARCADES IN THE B-2 COMMUNITY-BUSINESS DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, IIRGINIA: That Article 9, Section 9ll(a), Principal uses and structures, of the C.Z.O. be amended and reordained as follows: (8) Commercial recreation facilities other than those of an outdoor nature. ~fev~èeè-~Ra~-aæ~seæeR~ afeaèes-sRa~~-Be-~efæ~~~eè-eR~y-as-a-eeRè~~~e~a~ ~se~ Provided, however, that such facilities shall be permitted only as a conditional use on " a zoning lot in the B-2 Community Business District where such zoning lot adjoins the side or rear ard. 0 a zoning lot in a residential, apartment or . agricultural district without an intervenin street, a ley or permanent open space twenty-five (25) feet or greater in width.. That Article 9, Section 9ll(c), Conditional uses and structures, of the C.Z.O. be amended and reordained as follows: I .Ut -t~t (1 ) (2 ) -t3t (3 ) (4) -t4t -t5t I Aæ~seæeR~-afeaèes; Automobile service stations and small engine repair establishments, provided that all repair work shall be performed within a building; . Automobile service stations; provided that, where there is an adjoining residential or apartment district without an intervening street, alley or permanent open space over twenty-five (25) feet in width and where lots separated by a district boundary have adjacent front yards, a six (6) foot solid fence 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; Borrow pits; Bulk storage yards and building contractors' yards; provided that no sale or processing of scrap, salvage, March 5, 1984 I I I (5 ) 16t - 26b - or secondhand material shall be permitted in such yards; and, provided further that such storage yards shall be completely enclosed except for necessary openings for ingress and egress by a fence or wall not less than six (6) feet in height; Car wash facilities, provided that: (i) no water produced by activities on the zoning lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties; (ii) a minimum of three (3) off-street parking spaces for automobiles shall be provided for each car wash space within the facility. (6) 1=Tt Churches; (7) 18t Heliports and helistops: (8) 19t Hospitals and sanitariums: (9) 1:t9t (10) 1:t:tt (11) 1:t~t (12) 1:l:3t (13) 1:t4t (14) 1:t5t Mini-warehouses, provided that the yard shall be completely enclosed except for necessary openings for ingress and egress by a fence or wall not less than six (6) feet in height; Mobile home sales: Outdoor advertising structures, billboards, sign- boards and poster panels shall be allowed on unimproved property provided the regulations of section (part) B of Article 2 and Section 914 hereof are met and further provided that no outdoor advertising sign shall exceed three hundred (300) square feet of surface area: Public utility storage or maintenance installations; Radio and television broadcasting stations and line- of-sight relay devices: Recreational and amusement facilities of an outdoor nature, which may be partially or temporarily enclosed on a seasonal basis with approval of City Council, provided that, in the development of such properties, safeguards are provided to preserve and protect the existing character of adjacent properties, except that riding academies and recreational campgrounds shall not be allowed as a conditional use or otherwise. Adopted by the Council of the City of Virginia Beach, Virginia, on the :.~. day of , 19 . '. March 5, 1984 I I I - 27 - Item II-K UNFINISHED BUSINESS Item II-L NEW BUSINESS Item II-M ADJOURNMENT ITEM Ii 21511 There being no UNFINISHED BUSINESS, or NEW BUSINESS, by CONSENSUS, City Council adjourned the meeting at 2:25 p.m. ~.e:~ Deputy City Clerk ~~ R th Hodges S th, CMC City Clerk .imJ. fV¡ OJ rh - ~- Vice Mayor Barbara M. Hen ey City of Virginia Beach Virginia /bh March 5, 1984