Loading...
JANUARY 23, 1984 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR LOUI.$ R. 10,'IES, B@,,@id@ B,,,.,,b VICE-AIAYOR 13ARBARA Al. IIENLEY, P,,.g@ B@,..gh JOI/,V A. BA(IM, ,VA,VCY A. GREECII. A, i,.,g@ IIAROLD IIEISCIIO13ER, A, L.,g@ H. JACK jl:NVi,V(;S, JR., l,y..b.,,@,, B.,.,,b ROBERT G. JONES, Al L,,,g. W. 11. K17CIIIN. Ill, 81-lb REBA S. CLANAN. A,,@@ B.,..gh 212 CITY IlAiL BUILDING 1. IIENRY AI,COY. JR.. K@.p@,@ill, Mtl,41CII'AL CEN7ER MEYERA E. 013ERNDORF, At L,,,g, VIR(;IIiIA BEACII, VIRGINIA 23456 RIJTII IIOD(;ES SAIITII, CMC, City Cl,,k fSO4) 427-4303 CITY COUNCIL AGENDA January 23, 1984 ITEM I. SESSION: 4:30 p.m- A. TO ORDER - Mayor Louis R. Jones B. ROLL CALL OF COUNCIL C . MOTION TC) RECESS ItYfO INFO@/EKFCUfIVE SESSICQ D. PREsEvrATioN/DIsaiSSIoN OF PERTI@ nkTrr@,Rs 1. Matters for discussion by Mayor. 2. matters for discussion by Council. E. CITY MANAGER'S ADMINISTRATIVE ITEMS 1. Briefing on Scenic Eas@ts: Presentation by Mr. Rober-t J. Scott, Director of Departmnt of Planning 2. Interim Financial Stat@ts for July 1, 1963, through December 31, 1983: Discussion by Mr. Giles G. Dodd, Director of Department of Finance. 3. Capital Project Status Report for Period Er-,ding December 31, 1983: Discussion by Mr. Giles G. Dcdd, Director of Department of Firiance. 4. Review of Consent Agenda. ITFM II. FORMAL SESSICN: 7;00 p.m. A. IWOCATICN: Reverend Rober-t C. Schoof, Pastor New Covenant Presbyterian Church B. PLEDGE OF ALLEGIANCE TO THE @ OF THL UNITED STATES OF AMERICA C. ELECRRONIC ROLL CALL OF OC)UNCIL D. MM= OF PRLVIOUS M=ING: 1. Motion to accept/approve the Minutes of Janiary 16, 1984 E. PROCLAMATION 1. "MAI Auereness Week" - MaLrch 24-25, 1984 F. PRESENTATIONS 1. Virginia Beach Jaycees: "@ OF HOPE" 2. Virginia Beach Clean ty ssion: a. Governor's A@ of Excellence for i Clean Virginia Ccnuunity. b. 1984 Keep Amrica Beautiful Week Citation c. Indepencl@,nce Junior High School - Recycling Project 3. Resolutions of Appreciation: a. Duncan Wallace, M.D. - School Board b. Anthony Bruder, PH.D. Ccmnunity Corrections Resource Bc)ar(i G. PUBLIC HEARING: 1. Outreach for Christ, Inc. Tax Ex@ion H. RESOLUTIONS: 1. Resolution supporting the request by tlie Outreach for Christ, Inc. to General Assembly for desigr@tion of proe>erty to be exempted frcrn taxation pursuant to Article X, SS6(a) (6) of the Constitution of Virginia. 2. Resolution declaring the area east of 13easley Drive to Thalia Creek and bordered by Virginia BezLch Boulevared on the north and Southern Boulevard on the south as suitable for apartrnent developmnt. I. ORDINANCES: 1. Ordinance to amend and reordain Section 38.-6 of the Code of the City of Virginia Beach, Virginia, pp-.r-taining to the permits for purchases of certairi weapons. J. CONSENT AG@ All matters listed under the Cc)nsent Agenda E@re considered in the ordinary course of business by City Cc)Luicil and will be enacted by one @ion in the form listed. There will be no separate discussion of these it@ . If discussion is desired, that item will be removed frorn the Consent Agenda and considered separately. 1. Resolution of Appreciation in Recognition: a. Duncan Wallace, M.D. - School Board b. Anthony Bruder, PH.D. - @ity Corrections Resource Board 2. Resolution authorizing the City Manager to execute an agreem,nt with Carolina and Northwestern R-3Lilway ccmpany to provide that the city agrees to maintain a grade crossing at Diamond Springs Road. (EURPAC Service, Inc.) 3. Ordinance to aniend and reordain Section 5-71 of the Code of the City of Virginia Beach, Virginia, pertaining to dispostion of unrede@ aniuals. (This rmtter deferred for t%o weeks on January 9, 1984. It is requested that Council defer for an additionall t%D @eks for further review.) 4. Ordinance, on SECOND READING, approprial.ing Six Million Forty Thousand Sixty-Eight Dollars ($6,040,068) for various Engineering and Highvays, and Building ilrojects (Revenue Sharing Allocation) 5. Ordinance appointing View-rs in the petition of Daniel A. Pierro for the closure of a portion of First Street (Kewsville Borough). 6. Bingo/Raffle Perndt. Kellam Band Parents' Association Bingo Permit: Ronia Lodge 254 7. Tax Refunds: $3,405.46 K. P 1. Application of R. G. Moore Building Corporation for changes of zoning from R-5 Residential District to A-1 Apartment i@strict on cer-tain property located along the east side of Indian River Road, south of Lynnhaven Parkaay. Said parcel contains 23.7 acres. (KeWsville Borough) (This raatter uus deferred for one wek on January 16, 1984). a. Letter from the City Manager transniits the reca@ndation of the Planning ssion for approval. 2. Application of Elenore D. Wright for a chan2e of zoning from R-6 Residential District to 0-1 Office District on a 7,637- square fcot parcel located at the north@st corner of Laurel Lane (Lymhaven Borough). a. Letter from the City mamger transnlits the r@ndation of the PlaLming ConiTiission to ailow withdraval of the applicaltion. 3. Application of EaLrle W. Greene for a diange of zoning from 0-1 office District to B-2 @ity-Business District on a one-acre parcel located along the east of KEnpsville Road, north of Indian River Road (Kenpsville Borough). a. Letter from the city manager transmits the reccmendation of the Planning ssion for approval. 4. Application of Colonial Self Storage for z@ conditional use permit for nlini-@ehouses on a 2.1 acr@- parcel located along the (-ast side of Kenpsville Road, north of Indian River Road (K @ sville Borough). a. Letter frorn the City Manager tr ts the recommndation of the Planning Ccmissi@Dn for approval. 5. Application of Edvard S. Stein for a condi-ional use pennit for a recreational facility of an outdoor nature on a 14.9 acre oarcel located along the east side o-@ South Lynnhaven Road, north of Hcmspun Avenue (Lynnhaven Borough). a. Letter f r(xn the City Manager transndts the rec@dation of the Plannilig Cow@ission to allow withdraual of the application. 6. Application of GW-Dan, Inc. for a conditional use @t for a motel (increase of allovable density/hei4 of buildingTo-n a 1.07-acre parcel located at the northeast corner of 21st Street and Arctic Avenue (Virginia Beach Borough). a. @tter from the City Manager tr ts the r ndation of the Plaming Ccmnission for approval. 7. ordirkince to @d and reordain the Subd--Lvision ordinance pertaining to plat fees, Section 8.1. a. Letter from the City Manager transndts the re@ndation of the Planning ssion for approval. 8. Ordinances to @nd and reord@ the @:)rehensive Zoning ordirkLnce: a. Ar-ticle 1, Section 111, pertaining to definitions. b. Article 2, Section 221(b), pertaining to fees for conditional use permits. Letters from the City Manager transmit the reccmnendations of the Plarn-iing (@ssion for approval. 9. ordinances to amend and reordain the Comprehensive Zoning ordiriance. a. Article 1, Section 102, pertaining to Allowed uses. b. Article 2, Par-t D, Sections 240, 241, and 242 pertaining to performance standards. c. Article 9, Sections 911(aL)(8) and 911(c)(1) pertaining to Use Regulations for @rcial Amusemnt Facilities and Amuseinent Arcades in the B-2 C:@ity-Business District. Letter frorn the City Attorney reconnends deferral for two %eeks of the amendments to Article 1, Section 102; Article 2, Part D, Sections 240, 241, and 242; and, Article 9, Sections 911(a)(8) and 911 (c)(11). L. APPOINTMENT'S: 1. PD-H 2 Overlay Task Force M. UNFINISHED BUSINESS 1. Capital I@rov@nts Program - Sandbridge S-@ Phase I N. NEW BUSINESS 0 - ADJOU@ - 10 - Item II-D. 1 MINUTES ITEM # 21323 Upon motion by Vice Mayor Henley, seconded by Councilwoman Oberndorf, City Council APPROVED the Minutes of January 23, 1984, with corrections as follows: Page 28 - Item # 21287 (application of Earle W. Greene for a Change of Zoning from 0-1 to B-2) ADD a second condition as follows: 2. Vacation of Lot Lines. Page 38 - Item # 21295 (Automated Services Division, Data Processing) ADD to the second paragraph, second line, after the word "second", a new sentence as follows: Councilman Jones withdrew his motion. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None February 06, 1984 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 23, 1984 The Regular Meeting of the Council of the City of Virginia Beach, Virginia was called to order by Mayor Louis R. Jones in the Conference Room, City Hall Building, on Monday, January 23, 1984, at Four-Thirty in the afternoon. Council Members Present: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr. D.D.S., and Meyera E. Oberndorf Council Members Absent: None January 23, 1984 - 2 - ITEM # 21258 Mayor Jones entertained a motion to permit Council to conduct its EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes, to be followed by the INFORMAL SESSION. 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the conditi-on, 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 insti- tution which could affect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counsel or @riefings 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 Baum, seconded by Vice Mayor Henley, City Council voted to proceed into the EXECUTIVE SESSION, at Four Thi.rty-Five in the afternoon, to be followed by the TNFORMAL SESSION. Voting-. 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 23, 1984 -3- RECONVENING OF CITY COUNCIL FOR INFORMAL SESSION ITEM # 21259 Council RECONVENED for the INFORMAL SESSION at Six Thirty in the evening. January 23, 1984 -4- M A T T E R S B Y C 0 U N C I L FRANCIS LAND HOUSE ITEM # 21260 Vice Mayor Henley requested the Staff present Council with an update on the Francis Land House. ATLANTIC AVENUE BEAUTIFICATION ITEM # 21261 Councilman Robert Jones suggested an Advisory Committee be formed to evaluate the Atlantic Avenue Beautification project. He requested this be placed on the Agenda February 6, 1984. KEMPSVlLLE GOLF COURSE ITEM # 21262 Councilman McCoy advised Council that he bad received a letter from R. G. Moore, President, R. G. Moore Building Corporation, indicating the intention of he and his wife, Frances, to dedicate the Kempsville Meadows Golf Course to tbe City (when all work is completed which is anticipated to be accomplished during early 1985, at no cost to the City). Said letter from Mr. Moore is hereby made a part of tbe record. A Resolution to this effect will be on the February 6, 1984 Agenda. January 23, 1984 -5- M A T T E R S B Y T H E C I T Y M A N A G E R SCENIC EASFIIENTS ITEM # 21263 City Manager Muehlenbeck advised that Council had previously received a memorandum from Planning Director Robert Scott containing information relative to scenic easements. In response to Council's request, Mr. Scott made a presentation in which additional background information was given. Scenic easements (adjacent to some of the major rights-of-way, the purpose of which is to provide a buffer on the road) that have been acquired by the City first appeared on the Master Transportation Plan on June 14, 1971. Ten-, twenty-five- and fifty-foot easements were specified on many major roadways throughout the City from 1971 through 1981 and have been maintained. The Master Street and Highway Plan was amended July 1981 regarding this. Mr. Scott presented a graphic map depicting certain roads/streets with scenic easements: 1. Ferrell Parkway (Interstate 64 to Sandbridge). 2. General Booth Boulevard from Rudee Inlet Bridge to Ferrell Parkway. 3. Independence Boulevard from Edwin Drive to the Chesapeake City line. 4. London Bridge Road to the point of intersection with Ferrell Parkway. Easement requirements are now different than they were under the original plan. 1. Certain streets originally on the Plan were removed from the Plan because there was no opportunity to acquire them. 2. In 1981, no reason could be found why some easements should be larger than others. 3. An easement, itself, only seemed to address part of the problem. City Council adopted Standards for Landscaping in July 1981. Easements may be provided by purchasing: 1. 50-foot easement with no landscaping; 2. 20-foot easement with certain degree of landscaping; 3. 10-foot easement with more intensive landscaping. The provider of an easement is at liberty to choose either of the above three options. An easement is normally provided on the Subdivision Plat if it is affected. Scenic easements are provided on heavily traveled roads which are not expected to become cormnercialized. Councilwoman Oberndorf requested the Staff review the landscaping plan (wherein berms are utilized) used by the city of Charlotte, North Carolina. January 23, 1984 -6- M A T T E R S B Y T H E C I T Y M A N A G E R INTERIM FINANCIAL STAT @ NTS 1TEM # 21264 Interim Financial Statements for July 1, 1983 through December 31, 1983 were presented to Council Members. City Manager Muehlenbeck conmented that the figures contained in the Interim Financial Statements were "on target", with the exception of the cigarette tax which continues to be lower than estimated. Other revenues are slightly better than anticipated. (Said Statements are hereby made a part of the record.) CAPITAL PROJECT STATUS REPORT ITEM # 21265 The Capital Project Status Report for the period ending December 31, 1983 was presented to Council Members and is hereby made a part of the record. REVIEW OF CONSENT AGENDA ITEM # 21266 City Manager Muehlenbeck advised that a two-week defement (for further Staff review) was being requested for Item II-J.3 of the Consent Agenda (pertaining to disposition of unredeemed animals). January 23, 1984 7 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CTTY COUNCIL Virginia Beach, Virginia January 23, 1984 7:00 p.m. Council Members Present: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W.H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None INVOCATION: Reverend Robert C. Schoof, Pastor New Covenant Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA January 23, 1984 Item 11-D.1 MINUTES ITEM # 21267 Upon motion by Councilwoman Creech, seconded by Councilman Robert Jones, City Council APPROVED the Minutes of January 16, 1984. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, TII, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 23, 1984 -9- Item II-E.1 PROCLAMATION ITEM # 21268 Mayor Louis Jones proclaimed tbe weekend of March 24-25, 1984 as: MIA AWARENESS WEEKEND Present to accept the Proclamation was Gary McIntyre, Chapter 36 President of the Virginia Beach Jaycees. Other members of the Virginia Beach Jaycees were present, among whom were Treasurer Bruce McKinney and Secretary Jim Davis. January 23, 1984 -9a- WHEREAS, United State,6 ttoop,6 wie withd4awn 6,iom the Repubtic oA South Vietnam in Ma4ch 1973; and WHEREAS, to date, 2,494 United State4 Ae4vice pe4,6onnet a4e 4titt ti4ted aA mi,6zing in action aA a 4e,6utt oA the Vietnam con- Atict; and WHEREAS, a ta4ge numbe4 o6 the4e men a4e ti,6ted a-6 4e4ident,6 o6 the Tidemte4 a4ea and Atitt have AamitieA in and a4ound the City oi ViAginia Beach; and WHEREAS, the U. S. goveanment ha@ Jaited to a66ectuate the 4eteaze o6 theae men o4 inAoAmation conce4ning thei4 whe4eabou" and cmtt-being; and WHEREAS, the Vi4ginia Beach JayceeA a4e Apon6o4ing MIA AunAe- neAA Weekend on Ma4ch 24 and 25, 1984, to 4ai-6e the attention o4 the community and the mation conceininq the ptight oA the-6e U.S. 4e4vicemen and thei4 Aamitie,6; and WHEREAS, the City o6 Vi4ginia Beach apptaud4 the e66o4t,6 oA the Vi4ginia Beach Jaycee,6 in thei4 attempt to 4e,6otve the que,6tionz 4e,6pecting the 6ate oi the MIAI,6. NOW, THEREFORE, 1, Loui4 R. JoneA, Mayo4 o6 the City 06 Vi4ginia Beach do he4eby p4octaim Ma4ch 24-25, 1984 a,5 MIA AWARENESS WEEKENV in the City o6 Vi4ginia Beach and AequeAt the City Cte4k to 4end a ce4ti6ied copy oA thi,6 P4octamation to the Vi4ginia Beach dete- gation in the United State,6 Cong4e,6,6. Given unde4 my hand and 4eat this t"nty-thi4d day o4 Janua4y, nineteen hund4ed and eight-Aou4. Loui,6 R. Jone,6 Mayo4 lvv January 23, 1984 -10- Item II-E.2 ADD-ON PROCLAMATION ITE4 # 21269 Mayor Louis Jones proclaimed Monday, January 23, 1984 as: JAYCEE RECOGNITION DAY Present to accept the Proclamation was Gary McIntyre, Chapter 36 President of the Virginia Beach Jaycees. Other members of the Virginia Beach Jaycees were present, among whom were Treasurer Bruce McKinney and Secretary Jim Davis. January 23, 1984 -10a- P R 0 C L A M A T I 0 N WHEREAS, the Virginia Beach Jaycees, a leadership training organization for young men and women, was established by charter in 1948 by the Norfolk Jaycees; and, WHEREAS, the Virginia Beach Jaycees currently has 159 members from throughout Virginia Beacb and surrounding cities; and, WHEREAS, the Jaycees are well known for their service to the community through various projects such as Camp Virginia Jaycee, wbich serves the mentally retarded; a talent show for handicapped children; a Christmas shopping tour and party for underprivileged children; a camping trip for fatherless boys; home winterization programs for senior citizens; and, the East Coast Surfing Championship; and, WHERF.AS, last week was Jaycee Week, and the week's activities included recognizing outstanding young Virginia Beach citizens, including Robert Poyner, Outstanding Young Man; Donna Brehm, Outstanding Young Woman; Curtis Crigler, Outstanding Young Firefighter; Lewis Thurston, Outstanding Young Law Enforcement Officer; Barry Knight, Outstanding Young Farmer; and, David Pace, Outstanding Young Educator; and, WHEREAS, during Jaycee Week, a new chapter, consisting of past presidents and life members, was created called "The Exhausted Roosters", and later that night a grand finale dinner was held with all present and past Jaycees. NOW, THEREFORE, I, Louis R. Jones, Mayor of the City of Virginia Beach, do hereby proclaim Monday, January 23, 1984 as JAYCEE RECOGNITION DAY and commend the Virginia Beach Jaycees for their dedicated service to our less fortunate citizens and also for their efforts in molding the future leaders of our City. Louis R. Jones Mayor January 23, 1984 Item II-F. I PRESENTATION ITEM # 21270 Jim Davis, Secretary of the Virginia Beach Jaycees, stated that due to the plea of Mrs. Seay for the prospect of relighting the FLAME OF HOPE (located at Oceana Observation Park in Virginia Beach) in memory of the MIA's ("Missing in Action"), the Jaycees voted to observe the week- end of March 24-25, 1984 as "MIA Awareness Weekend" (see Item II-E.1) which will culminate on March 25 with the relighting of the FLAME OF HOPE. With Mr. Davis were other members of the Virginia Beach Jaycees, among whom were Chapter 36 President Gary McIntyre and Treasurer Bruce McKinney. January 23, 1984 -12- Item II-F.2 PRESENTATIONS ITEM # 21271 Mrs. Donna Ponti, Executive Coordinator of the Virginia Beach Clean Community Commission, made the following presentations to Mayor Jones: GOVERNOR'S AWARD OF EXCELLENCE FOR A CLEAN VIRGINIA COMMUNITY (designates the Virginia Beach Program as one of the top programs in the Commonwealth of Virginia) A N D, 1983 KEEP AMERICA BEAUTIFUL WEEK CITATTON (for outstanding acbievement which the City of Virginia Beach received for its joint efforts with other "Clean Communities" of Hampton Roads) With Mrs. Ponti was Mary Watkins (Health teacher at Independence Junior High School) wbose students (Tonya Sutton, Bonnie Shodd, Adam Mush and Gabe Potter) presented a check in the amount of Fifty Dollars ($50) to Mayor Jones for monies received as a result of their efforts to recycle aluminum, thereby he]-ping to keep the City clean. Mrs. Watkins praised her students for their diligent work as well as expressed deep appreciation to Mrs. Ponti who was instrumental in helping to coordinate the first project of such a nature by her class. Mrs. Watkins expressed gratitude to Mr. McCorkle of Reynolds Aluminum and Mr. Simon of Tidewater Fiber. Mayor Jones graciously accepted the check (made payable to the Treasurer, City of Virginia Beach) and expressed his appreciation for the efforts of everyone concerned to help keep the City of Virginia Beach beautiful. Mayor Jones presented Mrs. Watkins' class with a plaque which read as follows: "City of Virginia Beach "Mrs. Watkins' seventh grade Health Class, Independence Junior High School "is hereby awarded this Certificate of Recognition presented this Twenty- "Third day of January, Nineteen Hundred Eighty-Four, for active participation "in the Virginia Beach Clean Community Program - Recycling Project - ,'sponsored by the Mayor's Clean Community Commission." The plaque was signed by Mayor Louis R. Jones and Acting Chairman of the Virginia Beach Clean Commission Bartow H. Bridges, Jr. January 23, 1984 -13- Item 11-F.3 RESOLUTIONS OF APPRECIATION ITEM # 21272 Mayor Louis Jones presented RESOLUTIONS OF APPRECIATION to: DUNCAN WALLACE, M.D. Served as a Member of the Community Corrections Resource Board for two years in bebalf of the City of Virginia Beach. A N D, ANTHONY BRUDER, Ph.D. Served as a Member of the School Board for six years in behalf of the City of Virginia Beach. January 23, 1984 -14- Item II-G. PUBLIC HEARING ITEM # 21273 Mayor Jones declared a Public Hearing on: OUTREACH FOR CHRIST, INC. (Tax Exemption) Mr. Wayne Skinner represented Outreach for Christ, Inc. and presented Council with materials pertinent to the request for tax exemption. Said material is hereby made a part of the record. Council's attention was directed to a letter from Sheriff Joe Smith expressing his support of the subject request. (Said letter is hereby made a part of the record.) Speakers on behalf of Outreach for Christ, Tnc.: Mathew Farmer, Administrator, Medi-Center Reverend Mark Wilson, Pastor of Virginia Beach Alliance Church (representing supporting churches) Dave Ramsey, Owner, Architectural Graphics (representing supporting businesses) Jimmy Spake (representing street ministries) Mrs. Mary Kane (representing elderly ministries) Harry Turner, Vice President, CBN (representing "other" ministries) Mark Scharfe (recipient of aid through Outreach for Christ, Inc.) Eliner K. Malen-doski (volunteer worker with Outreach for Christ, Inc.) Tom Tracy, Owner, Designers of Virginia (Landscaping firm) (one of the firms which perform work for Outreach for Christ, Inc.) There being no other speakers, the Public Hearing was closed by Mayor Jones. January 23, 1984 -15- Item 11-H.1 RESOLUTION ITEM # 21"74 Wayne Skinner represented Outreach for Christ, Inc. A motion was made by Councilman Jennings to adopt a Resolution supporting the request by the OUTREACH FOR CHRIST, INC. to the General Assembly for designation of property to be exempted from taxation pursuant to Article X, 6(a)(6) of the Constitution of Virginia. There was no second to the motion; therefore, no action was taken by Council. A Public Hearing was held on this issue this date (see Item 11-G.1). January 23, 1984 -15a- A RESOLUTION SUPPORTING THE REQUEST BY THE OUTREACH FOR CHRIST, INC. TO GENERAL ASSEMBLY FOR DESIGNATION OF PROPERTY TO BE EXEMPTED FROM TAXATION PURSUANT TO ARTICLE X, SS6(a)(6) OF THE CONSTITUTION OF VIRGINIA. WHEREAS, Outreach For Christ, Inc. has requested that the General Assembly enact legislation designating certain property belonging to such organization as exempt from taxation pursuant to Article X, S6(a)(6) of the Constitution of Virginia; and WHEREAS, as required by SS30-19.04, Code of Virginia (1950), as amended, a public hearing has been held by the Council of the City of Virginia Beach with respect to such request; and WHEREAS, all the provisions of subsection B of SS30-19.04, Code of Virginia (1950), as amended, have been fully examined and considered by the Council of the City of Virginia Beach with respect to such request. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that it hereby supports the request by Outreach For Christ, inc. to the General Assembly for legislation designating certain property of such organization as exempt from taxation pursuant to Article X, S6(a)(6) of the Constitution of Virginia. Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of 1983. MES/re 0 3/0 3/8 3 1/17/84 RES.2 -16- Item II-H.2 RESOLUTION ITEM # 21275 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council ADOPTED a Resolution declaring the area east of Beasley Drive to Thalia Creek and bordered by Virginia Beach Boulevard on the north and Southern Boulevard on the south as suitable for apartment development. Said Resolution is to be forwarded to the Planning Commission for its consideration in developing the Comprehensive Plan (City policy). Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 23, 1984 -16a- Requested by: Councilmember Meyera Oberndorf R E S 0 L U T I 0 N WHEREAS, the area commonly known and referred to as the Pembroke central business district is zoned B-3, and primarily for high density commercial and office developmelit; and WHEREAS, the City of Virginia Beach intends to install an intensive transportation system and series of road improvements to serve the high density development in this area; and WHEREAS, it is recognized that, to a lindted extent, apartment development is compatible with high density conumercial and office development; and WHEREAS, it is the opinion of City Council that apartment development in the Pembroke central business district east of Beasley Drive would be compatible with high density commercial and office development west of Beasley Drive. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT only that area east of Beasley Drive to Thalia Creek and bordered by Virginia Beach Boulevard on the North and Southern Boulevard on the South is hereby declared as suitable for apartment development. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Planning Commission for its consideration in developing the Comprehensive Plan. ,7DB:er 1-18-84 Adopted by the Council of the City of Virginia Beach, Virginia on the Twenty-Third day of January, Nineteen Hundred and Eighty-Four. 1/23/84 -17- Item II-I.1 ORDINANCE ITEM # 21276 Speakers in opposition: William F. Caton Harry Dwyer, President, Virginia Beach Rifle and Pistol Club Macon Salter, Virginia Beach Rifle and Pistol Club Dr. George Stallings, Pastor, First Colonial Baptist Church J. R. White, Jr. Jeffry Hanson A motion was made by Councilman Baum, seconded by Councilwoman Creech, to APPROVE an Ordinance to AMEND AND REORDAIN SECTION 38-6 of the CODE of the City of Virginia Beach, Virginia, pertaining to the permits for pur- chases of certain weapons. A substitute motion was made by Councilman Jennings, seconded by Councilwoman O@erndorf, to REPEAL SECTION 38-6 of the CODE of the City of Virginia Beach. Because the vote on the substitute motion lost (4 to 7), Council voted on the ORIGINAL MOTION to APPROVE which carried (7 to 4). Voting: 4-7 (Substitute Motion LOST) Council Members Voting Aye: Harold Heischober, H. Jack Jennings, Jr., J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan Council Members Absent: None Voting: 7-4 (Original Motion CARRIED) Council Members Voting Aye: John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, Ill, Reba S. McClanan Council Members Voting Nay: Harold Heischober, H. Jack Jennings, Jr., J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None January 23, 1984 -17a- AN ORDINANCE TO AMEND AND REORDAIN SECTION 38-6 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING To THE PERMITS FOR PURCHASES OF CERTAIN WEAPONS WHEREAS, the City of Virqinia Beach is desirous of protecting its citizens from the random violence that accompanies the unregulated sale of handguns to unstable or unreliable persons; and WHEREAS, Section 15.1-137 of the Code of Virginia, 1950, as amended, enables the governing body of any city to protect and preserve peace and good order on the property of that city; and WHEREAS, Section 15.1-839 of the Code of Virginia, 1950, as amended, enables the governing body of any city to exercise powers pertinent to the conduct of the affairs and functions of the municipal government which are necessary or desirable to secure and promote the general welfare of the inhabitants of the municipality and the safety, health, peace, good order of the mtjnicipality; and WHEREAS, the City Council of the City of Virginia Beach, Virginia, believes that, pursuant to Section 15.1-865 of the Code of Virginia. 1950, as amended, an integral part of the regulation of the discharge of firearms is the power to prohibit persons who may be unstable or unreliable from obtaininq a handgun. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 38-6 of the Code of the City of Virginia B(@ach, Virginia, is hereby amended and reorelained as follows: Spction 38-6. Permit prerequisite to purchase of certain weapons. (a) No person licensed importer, licensed manufacturer or licensed dealer shall sell, lease, rent, give or otherwise furnish to any person within the city any pistol, revolver or similar Lat_@f qandgun unless a permit granted by -17b- the chief of police, or such other officer of the police department as may be designated7 in writingt by the chief of police, is presented authorizing the holder of such permit to acquire such weapon. This ordinance shall not apply to the rental of pistols, revolvers or other handguns by licensed @orters, licensed manufacturers or licensed dealers that are to be used solely on the premises of said importers, manufacturers or dealers. This ordinance shall not apply to transactions between licensed importers, licensed manufacturers or licensed dealers. This ordinance shall not apply to sales or trade-ins Of pistols, revolvers or other handguns from individuals to licensed iTp@rtitrs, licensed manufacturers or licensed dealers, or to sales, trades or any transfers of pistols, revolvers or other handguns between individuals. Such permit shall be surrendered to the persom licensed LM licensed dealer furnishing such weapon, who shall preserve it for inspection, upon request, by the police of the city. 1. The term "licensed importer" shall mean any son engaged in the business of importing or bringinq firearms into the United States for the r ose of sale or distribution who is licensed under either the provisions of Title 18 USC S921, et seg., 2r @h visions of this cod.e. 2. The term "licensed manufacturer" shall mean any person enqaqed in the manufacturing of firearms for purposes of sale or distribution who is licensed under either the provisions of Title 18 USC S921, et seg., or the provisions of this code. 3. The term "licensed dealer" shall mean (i) any person engaged in the business of selling firearms at wholesale or retail, (ii) any person @ d in the business of repairing firearms or of making or fitti s e l@a barrels, stocks or trigger mechanisms to firearms, or (iii) any person who is a. -2- January 23, 1984 -17c- pawnb@o er,_and who is licensed under_either the prov.isions of Title 18 USC S921, et seq., or the provisions of this code. 4. The ter!n "pawnbroker" shall mean_ rson whose business or occupation includes the taking or receiving, by way of pledge or pawn, of any firearm as security for the payment or repayment of money. (b) No permit require (a) above shall be issued to: 1. Any-P rson under h@e ge of 21 years; 2. Any convicted felon; erson under indictment or information for a felony; 4. Any person who at the charged with a crime involving violence; 5. Any person who has been found not guilty of a- -felony on the basis of insanity; 6- itive from justice; erson yho_presentiy is an unlawful user of, or addicted to, marijuana, a depressant, stimulant or narcotic drug; and 8. Any person who has been committed t, a ental institution. (C)fb* Every applicant for a permit required by this section shall pay to the city treasurer an application fee of five dollars ($5.00). This fee shall not be charged to sworn POlice officers of the city. (d)fe+ A violation of this section shall constitute a Class 1 misdemeanor Adopted by the Council of the CitY of Virginia Beach, Virginia, on the 23@' day of January 1984.84 KJC/da 9/1 5/8 3 9/2 1/8 3 January 23, 1984 11/29/8 3 12/28/8 3 (E) -3- -18- Item II-J CONSENT AGENDA ITEM # 21277 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council APPROVED, in ONE MOTION, Items 1, 2, 3 (noting the two-week deferral), 4, 5, 6 and 7, of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. Mcclanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 23, 1984 -19- Item II-J. 1 CONSENT AGENDA ITEM # 21278 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council ADOPTED Resolutions of Appreciation in recognition of the following individuals: DUNCAN WALLACE, M.D. Ser-ved as a Member of the Community Corrections Resource Board for two years in behalf of the City of Virginia Beach. A N D, ANTHONY BRTJDER,, Ph.D. Served as a Member of the School Board for six years in behalf of the City of Virginia Beach. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 23, 1984 -19a- RESOLUTION OF APPRECIATION TO DUNCAN WALLACE, M.D. WHEREAS: ])uncan Wallace has served as a member of the School Board, he has served willingly and untiringly for six years in behalf of the City of Virginia Beach; WHEREAS; Throughout these years, his dedication and unselfish service have involved personal sacrifices and incon- veniences, not only to him but frequently to his family. We trust much satisfaction was realized in successfully admin- istering in this advisory capacity--not only to City Council but also to the citizens of this fast-growing metropolis. Advisors and Volunteers have saved the City untold dollars, but, more importantly, our successful growth depends upon them. His footprints in the sands of time will long reflect the tremendous strides of his service. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled pauses in its deliberations to express pride in and deepest gratitude for these years of service to DUNCAN WALLACE, M.D. BE IT FURTHER RESOLVED: That this Resolution be framed for presentation with a copy spread upon the Minutes of this Formal Session of Virginia Beach City Council this Twenty-Third day of January, Nineteen Hundred Eighty-Four. Given under my hand and seal, Mayor January 23, 1984 -19b- RESOLUTION OF APPRECIATION TO ANTHONY BRUDER, PH.D. WHEREAS: Anthony Bruder has served as a member of the Community Corrections Resource Board, he has served will- ingly and untiringly for two years in behalf of the City of Virginia Beach; WHEREAS: Throughout these years, his dedication and unselfish service have involved personal sacrifices and incon- veniences, not only to him but frequently to his family. We trust much satisfaction was realized in successfully admin- istering in this advisory capacity--not only to City Council but also to the citizens of this fast-growing metropolis. Advisors and Volunteers have saved the City untold dollars, but, more importantly, our successful growth depends upon them. His footprints in the sands of time will long reflect the tremendous strides of his service. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled pauses in its deliberations to express pride in and deepest gratitude for these years of service to ANTHONY BRUDER, PH.D. BE IT FURTHER RESOLVED: That this Resolution be framed for presentation with a copy spread upon the Minutes of this Formal Session of Virginia Beach City Council this Twenty-Third day of January, Nineteen Hundred Eighty-Four. Given under my hand and seal, Mayor January 23, 1984 -20- Item II-J.2 CONSENT AGENDA ITEM # 21279 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council ADOPTED a Resolution authorizing the City Manager to execute an agreement with CAROLINA AND NORTHWESTERN @LWAY COMPANY with a provision that the City agrees to maintain a grade crossing at Diamond Springs Road (EURPAC SERVICE, INC.). Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. R. Kitchi.n, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 23, 1984 -20a- A meeting of the Council of the City of Virginia Beach, Virginia was held in the Council Chambers in the City Hall Buildinq on the 23rd day of January -, 1984. On Motion hy ---@-uac@-Qman-Qberndurf and lution seconded by Councilman MrCoy the followinq S07 was adopted. R E S 0 L U T I 0 N WHEREAS Eurpac Service Inc , a corporation is developing certain property in the City of Virginia Beach Virginia, at or near the Diamond Springs area; and WHEREAS, in conjunction with their site development, Eurpac Service Inc., at its expense, is to install a grade crossing on Diamond Springs Road, upon and across at grade, the right of way or property and track of Carolina and Northwestern Railway Company; and WHEREAS, the City of Virginia Beach agrees to maintain said crossinq at its expense, after the installation is completed; and WHEREAS, it is necessary to obtain a permit from the said railway company to install said grade crossing. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manaqer be and he hereby is, authorized to execute an agreement with the Carolina and Northwestern Railway Company which agreement provides that the city agrees to maintain said crossing at its expense. Adopted by the Council of the City of Virginia Beach on the 23rd day of January 1984. JAR/sm 1/16/8 4 (RES .3) -21- item II J.3 CONSENT AGENDA ITEM # 21280 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council DEFERRED for two weeks to February 6, 1984, (for further review) an Ordinance to AMEND AND REORDAIN SECTION 5-71 of the CODE of the City of Virginia Beach, Virginia, pertaining to disposition of unredeemed animals. (This matter was deferred for two weeks on January 9, 1984.) Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 23, 1984 -2la- AN ORDINANCE TO AMEND AND REORDAIN SECTION 5-71 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO DISPOSITION OF UNREDEEMED ANIMALS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 5-71 of the Code of the City of Virginia Beach, Virginia, pertaining to disposition of unredeemed animals is hereby amended and reordained as follows: Section 5-71. Same - Disposition of unredeemed animal. If a dog or cat impounded under this article is not claimed by its owner within five (5) days, it shall be disposed of in accord with the provisions of section 29-213.19 of the Code of Virginia. In the event a resident of the city proposes to adopt such animal dog or cat, pursuant to such section, he shall pay a fee not to exceed fifty dollars ($50.00) to be determined administratively by the city manager eents-+$67SO* to cover the cost of transfer, seizure and veterinary care ef for the dog or cat. The person desirinq to adopt the dog or cat shall siqn an adoption contract agreeing to abide by the rules and regulations of the bureau of animal control. Such person shall, in the case of a doq, obtain a proper license for such a dog, pursuant to article III of this chapter, within ten (10) days of such transfer. Adopted by the Council of the City of Virqinia Beach, Virginia, this day of 1983. KJc/da This drd-inance shall be effective-thirty days from adoption. 10/6/83 11/7/83 'MISC.1) January 23, 1984 January 9, 1984 -22- Item 11-J.4 CONSENT AGENDA ITEM # 21281 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council ADOPTED an Ordinance, on SECOND RF-ADING, appropriating Six Million Forty Thousand, Sixty-Eight Dollars ($6,040,068) for various Engineering, Highways and Building Projects (Revenue Sharing Allocation). Voting: 11-0 Council Members Voting Aye: Jobn A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, IIT, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 23, 1984 -22a- AN ORDINANCE APPROPRIATING SIX MILLION FORTY THOUSAND SIXTY-EIGHT DOLLARS ($6,040,068) FOR VARIOUS ENGINEERING AND HIGHWAYS, AND BUILDING PROJECTS (REVENUE SHARING ALLOCATION) WHEREAS, City Council desires to provide needed engineering, highway and building projects for the citizens of Virginia Beach, and WHEREAS, it is anticipated that the City will receive from Federal Revenue Sharing $6,040,068 in the fifteenth entitlement period. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINA BEACH: That funds to be made available under the Revenue Sharing Program (State and Local Fiscal Assistance Act of 1973 amended) for the period October 1, 1983 through September 30, 1984 be appropriated for the purposes as indicated below: Engineering and Highway $ 5,818,400 Buildings 221,668 Total 40 068 This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day of January 1984. FIRST READING: January 16, 1984 SECOND READING: January 23, 1984 KAR/2 ORD2 -23- Item II-J.5 CONSENT AGENDA ITEM # 21282 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council ADOPTED an Ordinance appointing Viewers in the petition of DANIEL A. PIERRO for the closure of a portion of First Street (Kempsville Borough). Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 23, 1984 -23a- IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN PORTION OF THAT STREET, KNOWN AS FIRST STREET, ALL, OF WHICH STREET TO BE VACATED IS SHOWN UPON THAT CERTAIN PLAT ENTITLED, PLAT SHOWING PROPOSED VACATION OF A PORTION OF FIRST STREET SUBDIVISION OF MIDWAY VIRCiINIA BEACH, VIRGINIA SCALE 111 = 20', DATE: NOVEMBER 1, 1983, FREEMAN & FREEM-AN, ENGINEERS & SURVEYORS, WHICH PLAT IS ATTACHED HERETO. P E T I T I 0 N TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACII, VIRGINEA. Your petitioners, Daniel A. Pierro respectfully represent as follows- 1. That pursuant to the provisions of Section 15 1-364 of the Code Virginia, as amended, the petitioners apply for the vacating, closing and discontinuance of a portion of that certain street which is more specifically described as follows: ALL THAT certain portion of First Street as shown on the Plat of "MIDWAY", a copy of which plat is duly recorded in the Circuit Co,irt Clerk's Office of Virginia Beach, Virginia, in Map Book 7, at Page 130, the portio.1 to be vacated being more particularly shown on that survey entitled, PLAT SHOWING PROPOSED VACATION OF A PORTION OF FIRST STREET SUBDIVISION OF MIDWAY VIRGINIA BEACH, VIRGINIA Scale 1" = 20', Date: November 1, 1983, FREEMAN & FREEMAN, Engineers & Surveyors", a copy of which is attached hereto, and the portion to be vacated being outlined in red on the attached survey and being rnore particularly bounded and described as follows: BEGINNING at a pin, which pin is located at the northwest corner of Lot One, Block 12, Plat of Midway; thence from said Point of Beginning, NO@ 16' W 50 feet to a pin which pin is located at the southwest corner of Lot 16, Block One, Plat of Midway; thence, turning and running along the southern property line of said lot 16, N 89 * 44' E 100. 00 feet to a pin, which pin is located at the southeast corner of said lot 16; thence, turning and running S O* 161 E 50 feet to a pin, which pin is located at the northeast corner of Lot One, Block 12, Plat of Midway; thence turning and running S 89' 441 W 100. 00 feet to the POINT OF BEGINNING. 2. That no inconvenience will result to any persons by reason of said closing, vacation and discontinuance of said street; and the petitioners pray that this Honorable Council appoint viewers as provided by law to view said platted street proposed to be closed and to report in writing to the Council on or before the day of 1 1983, as to whether in the opinion of said Viewers, what inconvenience, if any, would result from the -discontinuance and closing of this portion of said street, as herein reported and described. -23b- 3. That on the day of 1983, and on the day of 1 1983, notice of the presenting ot this application was published in the Beacon, a newspaper of general circulation, in the City of Virginia Beach, Virginia. 4. That the fee simple owners of all land along and adjacent to and affected by said portion of the platted street are your Petitioners herein. Respectfully submitted, Daniel A. Vierro -23c- CERTIFICATE OF VESTING OF TITLE 1, Bruce B. Mills, attorney for Daniel A. Pierro and Hazel Craig, do hereby certify that: 1. I am an attorney at law and represent Daniel A. Pierro and Hazel Craig, the petitioners. 2. If the property described below is discontinued, closed and vacated .by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in the adjacent landowners; T'he said property referred to herein is hereby described as follows: ALL THAT certain portion of First Street as shown on the Plat of "MIDWAY", a copy of which plat is duly recorded in tbe Circuit Court Clerk's Office of Virginia Beach, Virginia, in Map Book 7, at Page 130, the portion to be vacated being more particularly sbown on that survey entitled, PLAT SHOWING PROPOSED VACATION OF A PORTION OF FIRST STREET SUBDIVISION OF MIDWAY VIRGINIA BEACH, VIRGINIA Scale: 1" = 20', Date: Novernber 1, 1983, FREEMAN & FREEMAN, Engineers & Surveyors", a copy of which is attached bereto, and the portion to be vacated being outlined in red on the attacbed survey and being rnore particularly bounded and described as follows: BEGINNING at a pin, which pin is located at the northwest corner of Lot One, Block 12, Plat of Midway; thence from said Point of Beginning, NO@ 16' W 50 feet to a pin which pin is located at the southwest corner of Lot 16, Block One, Plat of Midvay; thence, turning and running along the southern property line of said lot 16, N 89 @ 44' E 103. 00 feet to a pin, which pin is located at the southeast corner of said lot 16; thence, turning and running S O* 16' E 50 feet to a pin, which pin is located at the northeast corner of Lot One, Block 12, Plat of Midway; thence turning and running S 8 9 ' 44 1, W' 1 00. 0 0 f e et to the POIN T OF B EGRNNING. e B. Mills January 23, 1984 -23d- ORDINANCE APPOINTING VIEWERS WHEREAS, Daniel A. Pierro - have given due and proper notice, in accordance with the statutes for such cases made and provided that they will on the,1311/2.y f iproLiAlc@, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below-described plroperty and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuance of the hereinafter described portion of that certain street, and has filed such application with said Council. NOW THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT DAVTT) CROCHMAI., C. ORAL LAMBERT and ROBERT SCOTT are hereby appointed to view the below described property and report in writing to the Council as soon as possible , whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of a portion of that certain street located in the City of Virginia Beach, Virginia, and rnore particularly described as follows: ALL THAT certain portion of First Street as shown on the Plat of "MIDWAY" a copy of which plat is duly recorded in the Circuit Court Clerk's Office of Virginia Beach, Virginia, in Map Book 7, at Page 130, the portion to be vacated being more particularly shown on that survey entitled, PLAT SHOWING PROPOSED VACATION OF A PORTION OF FIRST STREET SUBDIVISION OF MIDWAY VIRGINIA BEACH, VIRGINLA Scale 11, = 20', Date: November 1, 1983, FREEM-AN & FREEMAN, Engineers & Surveyors", a copy of which is attached hereto, and the portion to be vacated being outlined in red on the attached survey axid being more particularly bounded and described as follows: BEGINNING at a pin, which pin is located at the northwest corner of Lot One, Block 12, Plat of Midway; thence from said Point of Beginning, NO@ 16' W 50 feet to a pin which pin is located at the southwest corner of Lot 16, Block One, Plat of Midway; thence, turning and running along the southern property line of said lot 16, N 89 * 441 E 100. 00 feet to apin, which pin is located at the southeast corner of said lot 16; thence turning and rurining S 0 @ 16' E 50 feet to a pin, which pin is located at the northeast corner of Lot One, Block 1?, Plat of Midway; thence turning and running S 89* 44' W 100. 00 feet to the POINT OF BEGINNING. -24- Item 11-J.6 CONSENT AGENDA ITEM # 21283 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council APPROVED a Bingo/Raffle Permit for KELLAM BAND PARENTS' ASSOCIATION and a Bingo Permit for ROMA LODGE 254. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nayi None Council Members Absent: None January 23, 1984 -25- Item II-J.7 CONSENT AGENDA ITEM # 21284 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council ADOPTED an Ordinance authorizing Tax Refunds in the amount of $3,405.46 upon application of certain persons and upon certification of the Treasurer for payment. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 23, 1984 FORM NO. C.A. -25a- 1/5/83 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty I nt. Total Year of Tax Number tion No. Paid Construction Enterprised 83 pp 165685-1 11/2/83 37.74 Clarklift of Virginia 83 pp 26893-4 6/1/83 3,053.22 George R Marvin 83 pp 176336-1 12/5/83 16.50 Janyce Halprin 83 pp 59538-6 5/31/83 184.50 Janyce Halprin 83 pp 59537-7 5/31/83 103.50 G C Miller N/A Pkng 6014 10/4/83 10.00 Total 3,405.46 This ordinance shall be effective from date of adoption. The above abatement(s@ totaling were approved by the Council of the City of Virginia Beach on the @ day of j.n A oved as to form: Ruth Hodges Smith City Clerk -26- Item II-K.1 PLANNING ITEM # 21285 Attorney Grover Wright represented the applicant. Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council DEFERRED for two weeks to February 6, 1984, an Ordinance upon application of R. G. MOORE BUILDING CORPORATION for Change of Zoning per the following. This matter was deferred for one week on January 16, 1984. ORDINANCE UPON APPLICATION OF R. G. MOORE FOR A CHANGE OF ZONING FROM R-5 TO A-1 Ordinance upon application of R. G. Moore for a Change of Zoning District Classification from R-5 Residential District to A-1 Apartment District on certain property located on the east side of Indian River Road beginning at a point 2700 feet more or less south of Lynnhaven Parkway, running a distance of 306.12 feet along the east side of Indian River Road, running a distance of 2128.20 feet along the southern property line, running a distance of 771.88 feet along the eastern property line and running a distance of 2217.13 feet along the northern property line. Said parcel contains 23.7 acres. KEMPSVILLE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 23, 1984 -2 7- Item II-K.2 PLANNING ITEM # 21286 Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council voted to allow WITHDRAWAL of an Ordinance upon application of ELENORE D. WRIGHT for a Change ol@ Zoning per the following: ORDINANCE UPON APPLICATION OF ELENORE D. WRIGHT FOR A CHANGE OF ZONING FROM R-6 TO 0-1 Ordinance upon application of Elenore D. Wright for a Change of Zoning District Classification from R-6 Residential District to 0-1 Office District at the northwest corner of Laurel Lane and Plymouth Lane on Lot 147, Laurel Manor. Said parcel is located at 801 Plymouth Lane and contains 7637 square feet. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 23, 1984 -28- Item II-K.3 & 4 PLANNING ITIM # 21287 Attorney Grover Wright represented the applicants. Speaking in opposition was Mr. John Waters. Speaking in favor was Mr. Charlie Rasnake. Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of EARLE W. GREENE for a Change of Zoning; A N D, an Ordinance upon application of COLONIAL SELF-STORAGE for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF EARLE W. GREENE FOR A CHANGE OF ZONING FROM 0-1 TO B-2 Z0184808 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Earle W. Greene for a Change of Zoning District Classification from C-1 Office District to B-2 Community-Business District on certain property located on the east side of Kempsville Road beginning at a point 500 feet north of Indian River Road, running a distance of 105 feet along the east side of Kempsville Road, running a distance of 410 feet along the northern property line, running a distance of 105 feet along the eastern property line and running a distance of 410 feet along the southern property line. Said parcel contains 1 acre. KEMPSVLLLE BOROUGH. The following condition applies: 1. 170' x 105' frontage will remain zoned 0-1, and the remainder of the property will be rezoned to B-2. A N D, January 23, 1984 -29- Item 11-K.3 & 4 PLANNING ITEM # 21287 (continued) ORDINANCE UPON APPLICATION OF COLONIAL SELF-STORAGE FOR A CONDITIONAL USE PERMIT FOR MTNT-WAREHOUSES R0184604 BE IT HEREBY ORDAINED BY THE COUNCTL OF THE CITY OF VIRGTNIA BEACH, VIRGINIA: Ordinance upon application of Colonial Self- Storage for a Conditional Use Permit for mini- warehouses on certain property located on the east side of Kempsville Road beginning at a point 500 feet north of Indian River Road, running a distance of 54.38 feet along the east side of Kempsville Road, running a distance of 170 feet in a southeasterly direction, running a distance of 105 feet in a northerly direction, running a distance of 240 feet in a southeasterly direction, running a distance of 105 feet in a southwesterly direction, running a distance of 70 feet in a northwesterly direction, running a distance of 436.20 feet in a southwesterly direction, running a distance of 179.04 feet in a northwesterly direction, running a distance of 100 feet in a northeasterly direction, running a distance of 65.71 feet i.n a southeasterly direction, running a distance of 139.41 feet in a northeasterly direction, running a distance of 26 feet in a northwesterly direction, running a distance of 97 feet in a northern direction and running a distance of 160 feet in a northwesterly direction. Said parcel contains 2.1 acres. KEMPSVILLE BOROUGH. The following conditions apply: 1. Fifteen-foot buffer. 2. Eight-foot fence. 3. Vacation of lot lines. These Ordinances shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Twenty-Third day of January, Nineteen Hundred and Eighty-Four. Voting: 10-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, Ill, Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Meyera E. Oberndorf Council Members Absent: None January 23, 1984 -30- Item TI-K.5 PLANNING ITEM # 21288 Upon motion by Councilman Jennings, seconded by Councilman Robert Jones, City Council voted to allow WITHDRAWAL of an Ordinance upon application of EDWARD S. STEIN for a Conditional Use Penuit per the following: ORDINANCE UPON APPLICATION OF EDWARD S. STEIN FOR A CONDITIONAI, USE PERMTT FOR A RECREATIONAL FACILITY Ordinance upon application of Edward S. Stein for a Conditional Use Permit for a recreational facility of an outdoor nature (mini-golf, mini- cars, mini-rides, remote boats, grand prix, play ship, Ferrari 500, batting range) on certain property located on tbe east side of South Lynnhaven Road beginning at a point 1200 feet more or less nortb of Homespun Avenue, running a distance of 60 feet along the east side of South Lynnhaven Road, runni.ng a distance of 245 feet in a northeasterly direction, running a distance of 610 feet in a northwesterly direction, running a distance of 178.46 feet in a northerly direction, running a distance of 1085 feet along the northern property line, running a distance of 755 feet along the eastern property line, running a distance of 640 feet along the southern property line, running a distance of 60 feet in a soutbeasterly direction and running a distance of 300 feet in a southwesterly direction. Said parcel contains 14.9 acres. LYNNHAVEN BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. January 23, 1984 -31- Item II-K.6 PLANNING ITEM # 21289 Douglas Talbot represented the applicant. Upon motion of Councilman Kitchin, seconded by Vice Mayor Henley, City Council ADOPTED an Ordinance upon application of GUY-DAN, INC. for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF GUY-DAN, INC., FOR A CONDITIONAL USE PERMIT FOR A MOTEL R0184605 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VTRGINIA BEACH, VIRGINIA: Ordinance upon application of Guy-Dan, Inc. for a Conditional Use Permit for a motel (an increase of five units above allowable density and height increase of 11 feet) on certain property located at the nortbeast corner of 21st Street and Arctic Avenue, running a distance of 283.33 feet along the north side of 21st Street, running a distance of 140 feet along the eastern property line, running a distance of 233.33 feet in a westerly direction, running a distance of 140 feet in a northerly direction, running a distance of 50 feet in a westerly direction and running a distance of 280 feet along the east side of Arctic Avenue. Said parcel is located at 315 21st Street and contains 1.07 acres. VIRGINIA BEACH BOROUGH. As a condition of the Conditional Use Permit, the following is required: 1. Parking on site. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. January 23, 1984 -32- Item 11-K. 7 PLANNING ITEM # 21290 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED an Ordinance to AMEND and REORDAIN the SUBDIVISION ORDINANCE, Section 8.1, pertaining to plat fees. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. January 23, 1984 -32a- AN ORDINANCE TO AMEND AND REORDAIN SECTION 8.1 OR THE SUBDIVISION ORDINANCE PERTAINING TO PLAT FEES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 8.1, Plat fees, of the Subdivision Ordinance be amended and reordained as follows: 8.1. Plat fees At the time preliminary plats are presented, a fee of ten dollars ($10.00) per plat shall be paid. In addition, a fee of thirty five dollars ($35.00) per lot, exclusive of original parcel, shall be paid for the examination and approval of final subdivision plats provided, however, that there shall be a minimum fee of ten dollars ( @0.00) per plat. Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 day of 19 84 - APPROVED AS TO CONTENT T January 23, 1984 -33- IteTn II-K.8 PLANNING ITEM # 21291 Upon motion by Councilwoman Creech, seconded by Vice Mayor Henley, City Council ADOPTED Ordinances to AMEND and REORDAIN the COMPREHENSIVE ZONING ORDINANCE per the following: ARTICLE 1, SECT10N 111, pertaining to definitions. ARTICLE 2, SECTION 221(b), pertaining to fees for Conditional Use Permits. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert C. Jones, W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 23, 1984 -33a- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECTION 111 OF THE COMPREHENSIVE ZONING 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.O. be amended and re- ordained in part as follows: Areader--A-eent@quous-area-w4th-aeeess-te-a-street-er-other-publ4e ten-@@g@-feet7--gueh-apea-shall-net-be-mope-than-thpee-@34-feet-a6eve tke-leyel-of-the-stFeet-wh4eh-@t-ad4e4ns. Senef@e@al-epen-spaee7--Gpen-spaee-perform@ng-a-meeessary-eF-des4ra6le FRax*mbim- @9 t -covepage- requ * FeFReAts-are-FAet. st ttL4tes -a -per- *ReteF - sepafat* Ag - the-bu Ida ble-a Pea - f FEFR- the- requ4red SeRs@st@ng-of -a-reef Community center. A building or group of buildings for a community's educational and recreational activities operated on a non-profit basis. Day care center. Any-establtshFRent-wheFe-fiye-@64-or-FRere-pers8RS3 exe@wd*Rg-membei-s-of-the-fain*ly-eeeupyctsRg-t4e-pi-em@se5.F-aFe-eai-ed-fer-. The-tepm-*Relwdes-day-nwrseF*esy-k@Rdepgaptems,-eh*@d-eape-eenters-aAd adult-day-c-aFe-senters@ An. facility operated for the purpose of provid- tection and ce to a roup of children separated from a@ t of or guardians during a par the 24 hour day. In regard 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. Density. The number of dwelling or lodging units per gross acre. pFessure-leve@4. Family. An individual or two (2) or more persons related by blood, marriage, or adoption, or urder approved foster care, or a group of not more than four (4) persons (including servants) not related by blood, eF marriage, adoption, or approved foster c or a group of not more ve persons (including surrogate are@ ts) th fi par n under approved super- vi :7on of eith th; SDoecp?artment of Mental Health and Mental Retardation or the Departm:nrt 0 T Services, living together and sharing living areas in a dwelling unit. sueh -agreemerts -the-assee4atten-FRay -be- f orRied-eR-the-SSas 4s -of-e4 ther Ye lurtary -or -automat *e -ifleirbeps h *pT - -A-veluR ta Fy -er- ne Raw teFRa tic -as sOG4 a - t49R -epepated -w@th - @ nd -agpeeFfleRts - but -w4 th -FReFRbersh i p- and -asses smen ts - doeuFRents rated-w@th -eagh -deed -of eeRveyaRee7--Autemat*e-membepsh*p-*s-eRe-@R-Wh*6h4 abItOFRa t@Ga ; ly -be69Fnes -a-meFRber -wpor - pu reha se, -aRd kb4 Ea eh -lot - @s -auteiRat4ea @ ly- swbjeet- to -a - eha rge- f Or - RPOPOrt4aRa te lfla*Rtd*R@Rg-r.9ffn@R-PFepeFtyT Homeowners association. An incorporated, non-profit organization made up of homeowners in a specified subdivision or subdivisions, that shall be responsible for maintenance and operat ion of neighborhood recreation facilities or other community fa cili ties or fun ctions, and hat shall assess its members fees or dues to offset the c st thereof. -33c- 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. thaR-eme-hundred-@1991-t*FRes-pep-mctsmuteT Junkyard. op-the-steragev-sale-or-EluFRp@ng-of-dctssFRantledT-part@al;y-dtsmant4edT obselete-@F-wpeeked-yekteles-er-the@r-parts-or-ether-serap-metalgr Any lot or parcel of land, structure or part thereof used for the co lec n storage and s le of wastepaper, rags or scrap metal or discarded .aieri ii! ;r for the coll:ct ion, dismantling, storage and machinery or vehicles nbt ih running condition and for th thereo . Landscaped. A-ma@Rta*Red-area 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 pept*90 percent of a zoning lot covered by enclosed building space including total rea 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 where such features do not themselves constitute enclosures for building areas below them. Marina. A faciity for secure mooring of boats for use rsons including the owner or resident of the lot and those other than the owner or resident of the lot upon which thi- ated. Mini-warehouses. A series of individual enclosed storage units for rent or lease. or-as-a -pesult-of -aRy-subseqweRt-&FReNdFAeRt-thePetO. January 23, 1984 -33d- theret@ NeReaRf epritng -use-of -stpuetwFesT- -ARy-use-of -a-bw41d @ng-or-other-s trwgture As&oGiatioR,-wsed-tp-GORiURGt*@R-W*t4-a-sgwRd-;eve;-meter-to-take-IReasure- Aot-only-str-eots,-wttltties,-Ig Principal structure. A structure that encloses or houses any principal use. Retatn*ng-wallT--ARy-wall-whieh-funetteR-ts-te-res*st-the-latera4 d*splaeement-of-aiiy-mater@al. Shelter for farm em,loyeesP,A sin,leusflmily residential structure located on a fa r. fr he pur s e f g employees of that farming business. Sign. Any device orpdisplay designed to inform or attract the attention of persons not on the remi es on which the sign is located, provided however, that flags and insignia of any government or non-profit organiza- tions except when displayed in connection with commercial promotion shall not be included in the application of the regulations herein. SeuRd -@evel -meteF7 --AB- *n stpuiReRt-stamdaFd4 ted- 6y-the-AFReF46am-standards As see*at*eR,,-wged-fep-FneasureFReRt -ef -the-tnters *ty -ef -seuRdT-and-eal*bFated 4n-dee*belSr Street. A vehicular way, w:"e@ "ic or private, (which may also serve as part of a way for ped stranputraffic) whether called street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, alley, mall or otherwise designated. adepted-by-e*ty-eeuReti. to-artei-*al-er-major-streets-er-k$ghwaYsr Streety-FR&rg*Ral-aeeeSS7--A-street-used-te-sepapate-loca4-traff4E-freiR aRd-*RelNdes-mapg*nal-aeeess-streets-whctseh-ape-genepally-para4lel-aRd adjaeent-te-artep*al-stpeets-ep-h*ghways-sepy*Rg-a6utt*ng-ppopeFt*es-aRd 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 lodging units or sleeping rooms and may contain a common kitchen and dining facility for the occupants and operated by n t of the college or university with which the students are :ffl?7:ted. Thpee-asiRpsHeRt -measurtng -systeFR7 --A-dey4ee-fer-reeordt ng- the-4 ntems 4 ty aFid -pi-*FRai- ily-fop-eeeup&Rey-by-traAsients T -as-d *st*Rgw ished -fpeFR-FRul t4 ple Vardy-spee*ai7--AAy-yapd-se-plaeed-er-epctsented-that-ne*ther-the-teria s*de-yapd-or-pea)--yapd-e@early-appltes-. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23 day of JanuarV 1984. APPRO)JED AS TO CQNTOW @-i@ ATTORNEY January 23, 1984 -33g- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, SECTION 221(b) OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO FEES FOR CONDITIONAL USE PERMITS BE IT ORDAINED BY TFIE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 2, Section 221(b), Fees, of the Comprehensive Zoni.ng Ordinance be amended and reordained in part as follows; (b) Fees. The application shall be accompanied by a fee of eRe one hundred and twenty-five dollars ($125.00) to cover the cost of publication of notice of public hearing and processing. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2. day of January 19 84 APPROVED AS TO CONTENT January 23, 1984 -34- Item II-K.8.a ADD-ON PLANNING ITEM # 21291(a) City Attorney Dale Bimson called Council's attention to a corrected definition of the term "family" (contained in Article 1, Section 111, of the Comprehensive Zoning Ordinance). Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council voted to APPROVE the correction to the term "family" as follows: Family. An individual or two (2) or more persons related by blood, marriage,- or adoption, or approved foster care, or a group of not more than four (4) persons (including servants) not related by blood or marriage, adoption or approved foster care, or a group of not more than five (5) persons (including surrogate parents) under approved supervision of either the Department of Mental Health and Mental Retardation or the Department of Social Services, living together and sharing living areas in a dwelling unit. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert C. Jones, W. H. Kitchin, IIT, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 23, 1984 -35- Item II-K.9 PLANNING ITEM # 21292 Upon motion by Councilman McCoy, seconded by Vice Mayor Henley, City Council DEFERRED to February 6, 1984 Ordinances to AMEND and REORDAIN the COMPREHENSIVE ZONING ORDINANCE as follows: ARTICLE 1, SECTTON 102, pertaining to allowed uses. ARTICLE 2, PART D, SECTIONS 240, 241 and 242, pertaining to performance standards. ARTICLE 9, SECTIONS 911(a)(8) and 911(c)(1) pertaining to use regulations for Commercial Amusement Facilities and Amusement Arcades in the B-2 Community-Business District. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, R. Jack Jennings, Jr., Mayor Louis R. Jones, Robert C. Jones, W. H. Kitchin, ITT, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 23, 1984 -36- Item II-L.1 APPOINTMENTS ITEM # 21293 The following individuals were APPOINTED by Mayor Louis Jones to serve on the PD-H 2 OVERLAY TASK FORCE: VICE MAYOR BARBARA M. HENLEY ---- Chairman COUNCILMAN ROBERT G. JONES ---- Member ALBERT BALKO (Chairman, Planning Commission) ---- Member KENNETH BAREFOOT (Member, Planning Commission) ---- Member ROBERT SCOTT (Director, Planning Department) ---- Member January 23, 1984 -37- Item II-M.1 UNFINISHED BUSTNESS ITEM # 21294 Speaking in favor of the Sandbridge Sewer, Phase I, Project was Maxine C. Graham (who presented newspapers articles, petitions, and other related materials which are hereby made a part of the record). A motion was made by Councilman Baum, seconded by Vice Mayor Henley, to remove the Sandbridge Sewer, Phase I, from the CAPITAL IMPROVEMENTS PROGRAM. Both Councilman Baum and Vice Mayor Henley withdrew their motions and requested the Staff make recommendations to Council on the Comprehensive Zoning Ordinance. City Manager Muehlenbeck advised Council's adoption of the Capital Improve- ment Program by Resolution on January 16, 1984 (#21224) did not include the Sandbridge Sewer Project, Phase I or ii. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, IIT, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 23, 1984 -38- Item II-M ADD-ON UNFINISHED BUSINESS ITEM # 21295 A presentation was made by Mark Collins, Consultant with the firm of A. M. Pullen and Company, wherein he highlighted the contents of the report prepared by his firm on the AUTOMATED SERVICES DIVISION, DATA PROCESSING. Councilman Robert Jones made a motion to ABOLISH the Automated Services Division of Data Processing; however, there was no second. By consensus, this issue will be placed on the February 6, 1984 Agenda. January 23, 1984 -39- Item II-M ADD-ON UNFINISHED BUSINESS ITEM # 21296 Scheduled for February 6, 1984, will be a Resolution effecting the dedication to the City of the KEMPSVILLE MEADOWS GOLF COURSE by Mr. and Mrs. R. G. Moore. (See Item # 21262, Informal Session). January 23, 1984 -40- Item II-N ADD-ON NEW BUSINESS ITEM # 21297 Upon motion by Councilman McCoy, seconded by Councilman Bamn, City Council voted to CANCEL the meeting of February 20, 1984, inasmuch as it is a holiday (observance of George Washington's birthday). Voting: 10-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan,* J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf* Council Members Voting Nay: Robert G. Jones Council Members Absent: None *Verbal aye. January 23, 1984 -41- ADD-ON ITEM # 21298 The NATIONAL LEAGUE OF CITIES Conference will be held in Washington, D.C. March 3-6, 1984. January 23, 1984 -42- ADD-ON ITEM # 21299 Councilman Jennings distributed to Council Members a VIRGINIA MUNICIPAL LEAGUE Legislative Bulletin (No. 3) dated January 20, 1984, which is bereby made a part of the record. January 23, 1984 -4 3- Item 11-0.1 ADJOURI*fEi4T ITEM # 21300 Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council ADJOURNED at Ten Forty-Two in the evening. Voting: 11-0 Council Members Voting Aye: John A. BaLim, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. Mcl-lanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None ,@De@uty City Clerk Riith Hodges-Smith, CMC Mayr l@ouis R. nes City Clerk City of Virginia Beach Virginia /jk Jariuary 23, 1984