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HomeMy WebLinkAboutDECEMBER 8, 1980 MINUTES Cit@c>f N7ir-@i@iet "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR J. HENRY M.COY JR., D.D.S., K..P..,Ii. S.@.sk VICE-MAYOR HAROLD BEISCHOBER, A, L.,,. JOHN A. BAUM. Btc@,., B-gb F. REID ERVIN, A, L.,g. BARBARA M. HENLEY. P..,. B.-,b CLAREIYCE A. HOLLAND. M.D., Syid. B...gb W. H. KITCHIN, lit, Visi.i. B-,b B-@.gb REBA S. M@CLANAN, P,i.c... A-. B...gb DONALD W. MERRICK, L,-b..- B-.tb MEYERA E. OBERNDORP, A, L.,S. 212 C17Y HALL BUILDING PATRICK L. STAIQDING, A@ L.,,. MUNICIPAL CE)VTER VIRGINIA BEACii, VIRGIN)A 23436 RUTH HODGES SMITH, Ci,y Cl-lk (804) 427-4303 CITY COUNCIL AGENDA ITEM I INFORMAL BRIEFING SESSION: 10:30 a.m. December 8, 1980 Meeting with @gislators in the Conference ROOM ITEM 11 INFORMAL SESSION: 1:00 p.m. - Council Conference Room A. CALL TO ORDER - MAYOR J. HENRY MCCOY, JR- B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS 1. Matters for Discussion by Ma@r 2. Matters for DiBCUSsion by Council 3. Direct Election of Mayor: Discussion 4. Types of Dwellings Allowed in 'the R-8 and R-9 Residential DistriCtB and A-1 and A-2 Apartment Districts: Discussion by Robert J. Scott, Director of Planning. ITEM III FORMAL SESSION: 2:00 p.m. A. INVOCATION: Captain Clarence E. LeMasters Senior Chaplain NAS Oceana B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ITEM III C- ELECTRONIC ROLL CALL OF COUNCIL D- MINUTES OF PREVIOUS MEETING: 1. Motion to accept/approve the 14inutes of 1 December 1980. 2. Motion to accept/approve the Minutes of the Special Joint Meeting of the Virginia Beach City Council and Planning Comnission of 2 December 1980 -- except those portions per- taining to actions of the Virginia Beach Planning Commission. E. RESOLUTIONS 1. Reconsiderations a. Resolution adopted November 24, 1980: CZO, Section 202(B) 2. Resolution of Appreciation a. Resolution - Council's Season's Greetings F. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion in the form listed. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. 1. Ordinance to amend and reordain Section 5-7 of the Code of the City of Virginia Beach relating to bird sanctuaries - Chesapeake Beach. 2. Request of the City Treasurer for tax refunds in the amount of $479.88. 3. Ordinance, on ond to appropriate funds of $28,400 for the Rudee Inlet Sand Trap dredging project. 4. Ordinance, on , to accept grants totalling $30,734.00 from the Division of Justice and Crime Prevention and to appropriate these funds. G. PLANNING ITEMS 1. New Applications a. Application of = IL @e for a change of zoning from R-5 n t to B-2 leg.s. 121.SS,trict on a .72-acre parcel located at the northeast corner of Newtown Road and Coliss Avenue (Bayside Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for val. ITEM III G. PLANNING ITEMS (continued) 1. New Application b. Application of o rguahs for a change of zoning from @-2 to A--2 ( i on a 3.92-acre parcel located at the southwest intersection of Indian River Road and Princess Anne Road (Pungo Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for oval. c. Application of h ent an for a change of zonig from L-.5= a' ric to 0--1 e "= on a 3.0-acre parcel located on the south side of Indian River Road, west of Kempsville Rc)ad (Kempsville Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for al. d. Application of en for a condi- tional M= for @n ti on a 191.9-acre parcel located on the south side of Indian River Road, west of Kempsville Rc>ad (Kempsville Borough). 1. Tetter from the City Manager transmits the recommendation of the Planning Coynmission for oval. e. Application of t for a conditional use @r- Li,t for on a 1.317-acre parcel located at the northwe8t corner of Virginia Beach Boulevard and Lavendar Lane (Bayside Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for oval. f. Application of t @d am a e for a conditional R= m t for f mil w @ s in the AG-1 Agricul- tural district on a 20.53-acre parcel located on the west side of Sandbridge Road, north of Colecheater Road (Princess Anne Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for val. g. Application of a m 1. es and Ronald N. b 11 for a ance to Sections 4.1(M)l 5.5(a & b), and 5.6 of the Subdivision Ordinance on a 1.84-acre parcel located at the southeast corner of Providence Road and Newmarket Drive, which would be subdivided into three lots. 1. Letter from the City Manager transmits the recommendation of the Planning Commission for a rova ITEM III G. PLANNING ITEMS (continued) 1. New Applications h. Application of r Investmenj @u for a to Section 4.1(m) of the Subdivision Ordinance on a 16-acre site located at the southwest corner of Princess Anne Road and West Neck Roads, which would be divided into four lots. (Each lot would be four acres in size.) 1. Letter from the City Manager transmits the recommendation of the Planning Commission for oval. 2. CZO Amendments a. Ordinance to amend and reordain Article 1, Section 111 of the CZO pertaining to the definition of nonconforming sicjnsi AND, an Ordinance to amend and reordain Article 2, Section 215 of the CZO pertaining to nonconforming signs. 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. b. Ordinance to amend and reordain Article 1, Section 107 of the CZO pertaining to amendments,; AND, an Ordinance to amend and reordain Article 2, Section 220 of the CZO pertaining to procedural requirements. 1. Letter from the City Manager transmits the reconnendation of the Planning Cormnission for denial. C. Ordinance to amend and reordain Article 2 of the CZO per- taining to general requirements and procedures applicable within various districts. 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. d. Ordinance to amend and reordain Article 5, Section 581 of the CZO pertaining to use regulations for golf courses; AND, an Ordinance to amend and reordain Article 6, Sections 601, 611 and 631 of the CZO pertaining to use regulations in the A-1 through A-4 districts. AND, an Ordinance to amend and reordain Article 8, Section 801 of the CZO pertaining to use regulations in the 0-1 office district. 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. ITEM III H. ORDINANCES 1. First Readings a. Ordinance, on first reading, to appropriate funds of $59,149 for the State Fuel Assistance Prociram- 2. City Code Amendments a. Ordinance to amend and reordain Section 29-4 of the Code of the City of Virginia Beach relating to sewer service maintenance charges; AND, an Ordinance to amend Sections 37-2, 37-4, 37-29(a), 37-32 and 37-33 of the Code of the City of Virginia Beach relating to water supply and rates. 1. OLD BUSINESS J. NEW BUSINESS K. ADJOURNMENT 1. Motion to adjourn M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 8 December 1980 Tbe Regular Meeting of the Council of tbe City of Virginia Beach, Virginia, was called to order by Mayor J. Henry McCoy, Jr., in tbe Conference Room, in the City Hall Building, on Monday, 8 December 1980, at One o'clock in the afternoon. Council Members Present: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Absent: None ITEM #15968 Mayor McCoy entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the purpose of discussing the following: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, appointees or employees of any public body. (Personnel Matters). 2. Discussion or consideration of the condition, acquisition or use of real property for public purpose, or other disposition of publicly held property. (Acquisition, use or disposition of publicly held property.). 3. Consultation with legal Counsel and briefing by staff members, consultants, or attorneys pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. (Legal Matters). 2- Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Vot in g 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarenc@ A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent None - 3- M A T T E R S B Y T H E M A Y 0 R ITEM #15969 Mayor McCoy advised Council that he and Councilman Holland attended the Annual National League of Cities meeting in Atlanta, Georgia. ITEM #15970 Mayor McCoy advised Council of the excellent job Myrtle Beach, South Carolina, does in extending its tourist season, with golf packages, etc. Mayor McCoy appointed the following to the GOLF PACKAGE COMMITTEE: MEMBERS OF CITY COUNCIL W. H. Kitchin, III, Councilman **J. Henry McCoy, Jr., D.D.S., Mayor DEPARTMENT OF ECONOMIC DEVELOPMENT *A. James DeBellis, Director James Ricketts, Tourist Coordinator PARKS AND RECREATION DEPARTMENT Harold S. Whitehurst, Director Richard Branich, Parks Administrator GOLFING COMMUNITY Johnny Kelley, Golf Pro Walter C. Kraemer INNKEEPERS ASSOCIATION George Leary Mel Koch VIRGINIA BEACH CHAMBER OF COMMERCE Bill Center Nancy Creech, President **Temporary Chairman *Permanent Chairman -4- ITEM #15971 Mayor McCoy advised Council of a letter in their Agenda package from A-ttorney Edward Hudgins concerning the purchase of the J M Fields building, and tbe use of tbe building for a private firm. The Mayor further advised Council that Attorney Hudgins will be attending the Council meeting today (December 8, 1980), and speak under NEW BUSINESS. ITEM #15972 Mayor McCoy advised Council of a telegram received from the Bureau of Census advising the City of Virginia Beach has a preliminary population count of 260,680. ITEM #15973 Mayor McCoy advised Council that the City Attorney was having some difficulty in the wording concerning the Direct Election of the Mayor. The following amendment was presented to Council for their perusal: EXHIBIT "A" AMENDMENT TO SECTION 3.07 - DIRECT ELECTION OF THE MAYOR On or after july 1, 1981, the Mavor shall be elected by direct election of the voters for a term of two years. ember of Council or any qualified candidate may declare himself a candidate for Mayor by filinp in a manner prescribed by General Law. There shall be no filing fee. The candidate for Mayor receivinp tbe highest number of votes shall be Mayor.provided, however, that he or she shall first be elected to Council. In addition thereto, at the first meeting of the term following the general election of Council Members, the Council shall choose, by a majority vote of all members thereof, one of its members to be Vice-Mayor. The Mayor shall preside over the meetings of the 12/08/80 - 5- Council, shall act as the head of the City Government for ceremonial purposes, and shall have other rights and duties as the Council may prescribe, in addition to all the rights and privileges of the Council Members of the City. The Vice Mayor shall perform the duties of Mayor in the absence or disability of the Mayor. Councilman Baum suggested there should be some wording in the amendment concerning the Councilmanic election. I N F 0 R M A L S E S S I 0 N ITEM #15974 The City Manager introduced Mr. Bill Hammil, Consultant with the Executive Management Services, who spoke to Council concerning the recent Employee Participation Job Evaluation Program. Mr. Hamrril briefed Council on the process undertaken to review what the City had done in the pay plan concerning job classifications of all City employees. Robert Cramer, Wage and Salary Administrator, appeared before Council concerning this matter. ITEM #15975 The City Manager advised Council that the discussion on the types of dwellings permitted in the R-8 and R-9 Residential Districts, and the A-1 and A-2 Apartment Districts will be deferred until the Council meeting of 15 December 1980. City Council recessed into EXECUTIVE SESSION, (1:37 p.m.) -6- F 0 R M A L s E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 8 December 1980 2:23 p.m. Council Members Present: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henlev, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCov, Jr., Donald W. Merrick, Mevera E. Oberndorf, and Patrick L. Standing Council Members Absent: None INVOCATION: CaDtain Clarence E. LeMasters Senior Chaplain Naval Air Station Oceana PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 7 - M I N U T E S ITEM II-D.1 ITEM #15976 Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to APPROVE the Minutes of the Regular Meeting of 1 December 1980. Votin g 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitcbin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing* Council Members Voting Nay: None Council Members Absent: None *COUNCILMAN STANDING VOICED A VERBAL "AYE". - 8- ITEM II-D.2 ITEM #15977 Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to APPROVE the Minutes of the Special Joint Meeting of the Virginia Beach City Council and Planning Commission of 2 December 1980 -- except those portions pertaining to actions of the Virginia Beach Planning Commission. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin*, Vice Mayor Harold Heischober Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, iiI, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick*, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None *COUNClLMEN ERVIN AND MERRICK VOICED A VERBAL "AYE". - 9- R E S 0 L U T I 0 N S ITEM II-E.1 ITEM #15978 Attorney Grover C. Wright, Jr., appeared concerning this matter. In reconsideration of tbe Resolution adopted by City Council on 24 November 1980, concerning the Comprehensive Zoning Ordinance amendment (Section 202B), City Council assured Mr. Grover C. Wright, Jr., Attorney, for the applicants , t hat no "freez6" had been decl ared or recommended to interfere with the regular administration process for his client's application, (test borings, site plan review, Erosion and Sedimentation, etc.) ITEM II-E.2 ITEM #15979 Upon motion by Councilman Ervin, seconded by Councilwoman Oberndorf, City Council ADOPTED the Resolution of Appreciation wishing all City employees, and all those who serve the City as members of the various Boards/Commissions/Authority and Committees: Season's Greetings. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None -10- R E S 0 L U T I 0 N WHEREAS, the 1980 Holiday Season is rapidly approaching; and, WHEREAS, the Virginia Beach City Council is desirous of wishing City employees and all those who serve the City as members of the various Boards/Commissions/Authority and Committees: Season's Greetings. NOW, THEREFORE, BE IT RESOLVED, that: 1. The Virginia Beach City Council i,s grateful to you for wbat you mean to the City of Virginia Beach. 2. Each one enjoy the Holida@s and have a Happy and Prosperous New Year. 3. Each one do his/her sbare to promote peace and understanding that our City will be a better place in which to live, serve and work. 4. This Resolution become effective immediately and be in effect throughout the coming year. BE IT FURTHER RESOLVED: that this Resolution be a part of the Minutes of December 8, 1980 and conveyed to City employees through publication in THE BEAM and a copy sent to each Council-appointed agency. Adopted by the Virginia Beach City Council: 8 December 1980 -11- C 0 N S E N T A G E N D A ITEM II-F ITEM #15980 Upon motion by Vice Mayor Heischober, seconded by Councilman Standing, City Council voted to ADOPT the CONSENT AGENDA by ONE MOTION. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E. oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Abstaining: Donald W. Merrick (due to personal tax refund) Council Members Absent: None 1 2 /0 880 -1 2- ITEM II-F.1 ITEM #15981 Upon motion by Vice Mayor Heischober, seconded by Councilman Standing, City Council voted to uphold tbe recommendation of the City Manager and ADOPT the Ordinance to amend and reordain Section 5-7 of the Code of the City of Virginia Beach, Virginia, relating to: Bird Sanctuary in the Chesapeake Beach area, in the Bayside Borough. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Abstaining: Total Consent Agenda Donald W. Merrick (due to personal tax refund) Council Members Absent: None - 1 3- Requested by: Councilman Clarence A. Holland AN ORDINANCE TO AMEND AND REORDAIN SECTION 5-7 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO BIRD SANCTUARIES BE IT ORDAINED BY THE COUNCIL OF THE CLTY OF VIRGINIA BEACH, VIRGINIA: That Section 5-7 of the Code of the City of Virginia Beach, Virginia, is amended and reordained by adding Subsection (n) as follows: (n) All that certain area known as CHESAPEAKE BEACH in the Bayside Borough of the City of Virginia Beach, said area is bounded on the South by Shore Drive, bounded on the North by Chesapeake Bay, bounded on the West by Little Creek Amphibious Base, and bounded on the East by the subdivision known as Baylake Pines. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth day of December, 1980. -1 4- ItEM II-F.2 ITEM #15982 Upon motion by Vice Mayor Heischober, seconded by Councilman Standing, City Council voted to uphold the recommendation of the City Manager and APPROVE the tax refunds in the amo un t of $479. 88. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Har6ld Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Abstaining: Total Consent Apenda Donald W. Merrick (due to personal x refund) Council Members Absent: None NO. C.A. 7 -1 5- A-'q ORDINANCE AUTHCRIZING TAX REFUNDS UPON' APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COU@ICIL OF TMa CITY OF VIRGINIA BEACH, VIRGINIA: That the follovving applications for tax refunds Lipon certification of the Treasurer are horebv approved: NAME Tax Type Ticket Exonera. D ate Penalty Int. Total Year of Tax Number tion No. Paid towers, Barbara E. 80 Pkng. 29851 11/12/80 12.00 arnett, Robert P. 80 pp 132355 11/12/80 8.10 aylor, T.T. & L.A. 80 RE 62723-9 (2/2) 6/5/80 109.34 rink, Chester V. 75 pp 93532 6/5/80 130.08 rink, Chester V. 76 pp 9896 9/10/80 125.02 ouch, Tfiomas W. 80 pp 24822 6/5/80 10.26 ,Ierrick, Donald W. 80 pp 77376 5/22/80 85.08 Total 479.88 Thi.s ordinance shall be effective from date of adoption. The above abatement(s) totaling Certifi were approved by the Council of the City crf Virginia Beach on the- day of j@ Approved as to f m: Ruth Hodges Smith City Clerk J' Dale Binisori. City Attorney -1 6- ITEM II-F.3 ITEM #15983 Upon motion by Vice Mayor Heischober, seconded by Councilman Standing, City Council voted to uphold the recommendation of the City Manager and ADOPT ON SECOND READING the Ordinance to appropriate funds of $28,400 for the Rudee Inlet Sand Trap Dredging Project. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Abstaining: Total Consen@ Agenda. Donald W. Merrick (due to personal tAx refund) Council Members Absent: None - 1 7- AN ORDINANCE TO APPROPRIATE FUNDS OF $28,400 FOR THE RUDEE INLET SAND TRAP DREDGING PROJECT WHEREAS, City Council has recognized the need to dredge Rudee Inlet Sand Trap and has appropriated funds for the Project; and, WHEREAS, a design adjustment to the Project to remove an additional quantity of 10,000 cubic yards of material will allow the sand trap to function more efficiently and will provide more beach replenishment; and, WHEREAS, the removal of an additional 10,000 cubic yards of material from the trap will cost $28,400. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $28,400 be appropriated from the General Fund Balance to the FY 1981 operating budget of the Department of Public Works for the recommended design adjustment to remove an additional 10,000 cubic yards of material from Rudee Inlet Sand Trap. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth day of December, 1980. FIRST READING: 1 December 1980 SECOND READING: 8 December 1980 -1 8- ITEM II-F.4 ITEM #15984 Upon motion by Vice Mayor Heischober, seconded by Councilman Standing, City Council voted to uphold the recommendation of the City Manager and ADOPT ON SECOND READING the Ordinance to accept Grants totaling $30,734.00 from the Division of Justice and Crime Prevention and to appropriate these funds. Voting: 10-0 Council Members Voting Aye: John A. BaLun, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Abstaining: Total Consent Agend@ Donald W. Merrick (due to personal tax reruna) Council Members Absent: None - 1 9- AN ORDINANCE TO ACCEPT GRANTS TOTALING $30,734.00 FROM THE DIVISION OF JUSTICE AND CRIME PREVENTION AND TO APPROPRIATE THESE FUNDS WHEREAS, the Juvenile Courts wish to continue to aid runaways and juveniles in learning about the Criminal Justice System; and, WHEREAS, the Division of Justice and Crime Prevention (DJCP), has awarded Grants to continue Programs to accomplish the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Tbat the City Manager is hereby authorized to accept Grants for the City, and funds are hereby appropriated, for the following purposes: Estimated Revenue Total From Other Agencies Appropriations Runaway Hotline Program $25,039.00 $25,039.00 Court Docent Program 5,695.00 5,695.00 Total $30,734.00 $30,734.00 That the appropriations be financed by $30,734.00 in Estimated Revenue from DJCP; and, That a total of one personnel position is hereby authorized for the duration of the Runaway Hotline Grant, to be paid from the Runaway Hotline Grant, with the class of this employee to be determined by the City Manager. FIRST READING: December 1, 1980 SECOND READING: December 8, 1980 Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth day of December, 1980. 20- P L A N N I N G A G E N D A ITEM II-G.l.a ITEM #15985 Mr. Jack Osmond appeared in behalf of the applicant. Mr. Milton Johnson, representing area residents, appeared in opposition and, presented opposition letters from three neighbors, copies of which will be made a part of these proceedings. Upon motion by Councilman Holland, seconded by Vice Mayor Heischober, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of ROY W. EANES for a Cbange of Zoning District Classification, as per the following, subject to the conditions outlined in the City Manager's letter: ORDINANCE UPON APPLICATION OF ROY W. EANES Z01280532 FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 RESI-DENTIAL DISTRICT TO B-2 COM4UNITY- BUSINESS DISTRICT BE IT ORDAINED BY THE COUNCIL OF TBE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Roy W. Eanes for a Change of Zoniny, District Classification from R-5 Residential District to B-2 Community-Business District on certain property located on the Northeast corner of Newtown Road and Coliss Avenue, running a distance of 225 feet along the East side of Newtown Road, running a distance of 140 feet along the Northern property line, rtmning a distance of 225 feet along the Eastern property line and running a distance of 140 feet along the North side of Coliss Avenue. Said parcel contains .72 acre. BAYSIDE BOROUGH. Approval is subject to the following provisions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth day of December, 1980. 21- Vo tin g: 10-1 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Reba S. McClanan Council Members Absent: None -2 2- ITEM II-G.l.b ITEM #15986 Upon motion by Councilwoman Henley, seconded by Councilman Baum City Council voted to DEFER UNTIL JANUARY 5, 1981, the application of JOSEPH E. BURROUGHS for a Change of Zoning District Classifi- cation, as per the following: Ordinance upon application of Joseph E. Burroughs for a Change of Zoning District Classification from AG-2 Agricultural District to B-2 Community-Business District on certain property located on the South side of Indian River Road beginning at a point 150 feet West of Princess Anne Road, rtmning a distance of 165 feet more or less along the South side of Indian River Road, running a distance of 112.58 feet in a Southerly direction, running a distance of 16 feet in a Westerly direction, running a distance of 82 feet in a Southerly direction, running a distance of 68 feet in a Westerly direction, running a distance of 74 feet in a Northerly direction, running a distance of 118 feet in a Westerly direction, running a distance of 119.87 feet in a Northerly direction, running a distance of 257.19 feet along the South side of Indian River Road, rtmning a distance of 651.24 feet in a Southeasterly direction, running a distance of 171.51 feet in a Northerly direction, running a distance of 219.29 feet in an Easterly direction, running a distance of 270 feet more or less along the West side of Princess Anne Road, rtmning a distance of 150 feet in a Westerly direction and running a distance of 130 feet in a Northerly direction. Said parcel contains 3.92 acres more or less. PUNGO BOROUGH Voting: 11-0 Council Members Voting Aye: (for deferral) John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 2 3- ITEM II-G.l.c ITEM #15987 THIS ITEM-AND ITEM #15988 WERE VOTED ON AS ONE ITEM. Mr. Douglas Talbot, Talbot and Associates, appeared in behalf of the applicant, and introduced Mr. Fred Koger the President of the Christopher Development Company. Upon motion by Councilman Standing, seconded by Councilman Baum, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of CHRISTOPHER DEVELOPMENT COMPANY for a Change of Zoning District Classification, as per the following, subject to the conditions outlined in the City Manager's letter: ORDINANCE I)PON APPLICATION OF CHRISTOPHER Z01280533 DEVELOPMENT COMPANY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 RESIDENTIAL DISTRICT TO 0-1 OFFICE DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Christopher Development Company for a Change of Zoning District Classification from R-5 Resi- dential District to 0-1 Office District on certain property located on the South side of Indian River Road beginning at a point 1300 feet more or less West of Kempsville Road, running a distance of 491.07 feet along the South side of Indian River Road, rtmning a distance of 293.25 feet along the Western pro- perty line, running a distance of 300 feet along the Southern property line and running a distance of 420 feet along the Eastern property line. Said parcel contains 3 acres. KEMPSVILLE BOROUGH. Approval is subject to the following provisions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Access to this property should be off interior streets with no direct access to Indian River Road. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth day of December, 1980. 24- Vot ing: 1 1 -0 Council Members Voting Aye: Jolm A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 2 5- ITEM II-G.l.d ITEM #15988 THIS ITEM AND ITEM #15987 WERE VOTED ON AS ONE ITEM. Mr. Douglas Talbot, Talbot and Associates, appeared in behalf of the applicant. Upon motion by Councilman Standing, seconded by Councilman Baum, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of CHRISTOPHER DEVELOPMENT COMPANY for a Conditional Use Permit, as per the following, subject to the conditions outlined in the City Manager's letter; AND, the inclusion of the following two (2) conditions, which had been deleted from the Planning Department's recommendations: 4. The open space option does not allow for any increase in density over what could be constructed under the conventional zoning, however, the'lots to be created may be reduced in size. In addition, a minimum of 15% of the total acreage involved must be set aside as permanent open space. The open space configuration shown on the plan associated with this application is unacce@ptable. The amount of open space to be provided is insufficient in size. In addition, it should be centrally located with sufficient street frontage to be accessible to all residents. A revised open space plan, in accordance with all CZO requirements, along with the necessary explanatory information must be sufficient. 5. No portion of the proposed lake is to be dedicated to the City or to be considered as satisfying the open space area requirements. ORDINANCE UPON APPLICATION OF CHRISTOPHER R01280352 DEVELOPMENT COMPANY FOR A CONDITIONAL USE PERMIT FOR OPEN SPACE PROMOTION BE IT ORDAINED BY TEE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of Christopher Development Company for a Conditional Use Permit for open space promotion on certain pro- perty located 420 feet South of Indian River Road beginning at a point 1300 feet more or less West of Kempsville Road, running a distance of 918@.79 feet in a Northwesterly direction, running a distance of 640.75 feet in a Southerly directiou, running a dis- tance of 544.44 feet in a Westerly direction, running a distance of 163.75 feet in a Southerly direction, running a distance of 359.67 feet in a Westerly direction, running a distance of 151 feet in a Northerly direction, running a distance of 1085.89 feet in a Westerly direction, running a distance of 1771.25 feet in a Southwesterly direction, running a distance of 2820.50 feet in a Southeasterly direction, running a distance of 1014.21 feet in a Northeasterly direction, running a distance of 251.38 feet in a Northwesterly direction, running a distance of 1021.81 feet in a Northeasterly direction, running a distance of 87.32 feet in a Northwesterly direction, running a distance of 1272.37 feet in a Northeasterly direction, running a distance of 817.22 feet in a Northuvsterly dir6ction and running a distance of 65 feet in a Northeasterly direction. Said parcel contains 191.9 acres. KEMPSVILLE BOROUGH - 26- Approval is subject to the following provisions in conjunction with the intended use of the land: 1. Standard requirements as required by the Site Plan and Subdivision Ordinances. 2. City water and sewer. 3. The open space plan submitted for tbis site included several small areas zoned R-8 Residential District. The open space promotion option is not available in the R-8 zoning district. 4. The open space option does not allow for any increase in density over what could be constructed under the conventional zoning, however, the lots to be created may be reduced in size. In addition, a minimum of 15% of the total acreage involved must be set aside as permanent open space. The open space configuration shown on the plan associated with this application is unacceptable. The amomt of open space to be provided is insiifficient in size. In addition, it should be centrally located with siifficient street frontage to be accessible to all residents. A revised open space plan, in accordance with all CZO requirements, along with the necessary explanatory information, must be submitted. 5. No portion of the proposed lake is to be dedicated to the City or to be considered as satisfying the open space area require- ments. 6. Most of the Borrow Pit sides have not been sloped, topsoiled, seeded, nor stabilized. Until the entire borrow pit has been stabilized, development of this site should not be considered. 7. This development shall be in accordance with the density limitations established by the CZO, and the final density should not exceed that shown on the plan. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth day of December, 1980. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 2 7- ITEM II-G.l.e ITEM #15989 Mr. Bill Page appeared in behalf of the applicant (self) Upon motion by Councilman Holland, seconded by Vice Mayor Heischober, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of PAGE REALTY, INC., for a Conditional Use Permit, as per the following, subject to the conditions outlined in the City Manager's letter: ORDINANCE UPON APPLICATION OF PAGE REALTY, INC. R01280353 FOR A CONDITIONAL USE PERMIT FOR MINI WAREHOUSES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of Page Realty, Inc., for a Conditional Use Permit for mini warehouses on certain property located at the Northwest corner of Virginia Beach Boulevard and Lavender Lane, running a distance of 125 feet along the North side of Virginia Beach Boulevard, running a distance of 459.24 feet along the Western property line, running a distance of 125 feet along the Northern property line and running a distance of 458.90 feet along the West side of Lavender Lane. Said parcel contains 1.317 acres. BAYSIDE BOROUGH. Approval is subject to the following provisions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. All lighting is to be directed to the interior of the site and shielded from adjacent properties. 4. A 6 foot solid privacy fence shall enclose the storage area. 5. A 20 foot radius dedication of right-of-way at the intersection of Virginia Beach Boulevard and Lavender Lane is required. Applicant must present a "lighting" plan and record his agreement to the approved plan. This Ordinance shall be effective from date of adoption Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth day of December, 1980. 2 8- Voting: 11 -0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None -2 9- ITEM II-C.l.f ITEM #15990 Attorney Micbael Inman appeared in behalf of tbe applicant Upon motion by Councilwoman McClanan, seconded by Councilman Merrick, City Council voted to DENY the application of STANTLEY AND PAMELA K. JONES for a Conditional Use Permit, as per the following: Ordinance upon application of Stantley and Pamela K. Jones for a Conditional Use Permit for single family dwellings in the AG-1 Agricultural District on certain property located on the West side of Sandbridge Road beginning at a point 7920 feet more or less North of Colechester Road, rtmning a distance of 297.36 feet along the West side of Sandbridge Road, running a distance of 187.70 feet in a Northwesterly direction, rimning a distance of 259.72 feet in a Northeasterly direction, running a distance of 1472.15 feet along the Northern property line, running a distance of 599.15 feet along tbe Western property line and running a distance of 1649.96 feet along the Southern property line. Said parcel contains 20.53 acres. PRTNCESS ANNE BOROUGH. Vot ing 6-5 Council Members Voting Aye: (for denial) John A. Baum, F. Reid Ervin, Barbara M. Henley, Reba S. McClanan, Donald W. Merrick, and Meyera E. Oberndorf Council Members Voting Nay: Vice Mayor Harold Heischober, Clarence A. Holland, W. H. Kitchin, 111, Mayor J. Henry McCoy, Jr.*, and Patrick L. Standing Council Members Absent: None *14AYOR McCOY VOICED A VERBAL "NAY". - 30- ITEM II-G.I.g ITEM #15991 Attorney Edward T. Caton, III, appeared in behalf of the applicant. Upon motion by Councilwoman Oberndorf, seconded by Mayor McCoy, City Council voted to uphold the recommendation of the Plauning Commission and APPROVE the application of GRAHAM T. DAWES AND RONALD N. GOODELL for variances to the Subdivision Ordinance, as per the following: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Graham T. Dawes and Ronald N. Goodell. Property located at the Southeast corner of Providence Road and Newmarket Drive. Plats with more detailed information are available in the Department of Planning. The applicant requests variances to Sections 4.1(m), 5.5(a and b), and 5.6 of the Subdivision Ordinance, which requires minimum pavement widths, curb and gutter, drainage facilities, and sidewalks. The applicant was required to escrow the cost of these improvements along Providence Road in accordance with the City's Major Right-of-Way Improvement Policy. This 1.84 acre site, located at the Southeast corner of Providence Road and Newmarket Drive, would be subdivided into three (3) lots. Vot ing: 11-0 Council Members Voting Aye: Jobn A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 31 - ITEM II-G.I.h ITEM #15992 Attorney H. Calvin Spain appeared in behalf of the applicant COUNCILMAN ERVIN LEFT COUNCIL CHAMBERS Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of BARNES PROPERTY INVESTMENT GROUP for a variance to the Subdivision Ordinance, as per the following: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Barnes Property Investment Group. Property located at the Southwest corner of West Neck Road and Princess Anue Road. Plats with more detailed information are available in the Department of Planning. The applicant requests a variance to Section 4.4(m) of the Subdivision Ordinance, which requires minimum pavement widths. The applicant wishes to subdivide a 16 acre site, located at the Southwest corner of Princess Anne and West Neck Roads, into four (4) lots. The lots would each be four (4) acres in size. Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin - 3 2- C 0 M P R E H E N S I V E Z 0 N I N G 0 R D I N A N C E ITEM 11-G.2.a ITEM #15993 COUNCILMAN ERVIN RETURNED TO CHAMBERS Upon motion by Councilman Standing, seconded by Councilman Merrick, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the following Ordinances: Ordinance to amend and reordain Article 1, Section 111, of the Comprehensive Zoning Ordinance pertaining to the Definitions of Nonconforming Signs. Ordinance to amend and reordain Article 2, Section 215 of the Comprehensive Zoning Ordinance pertaining to Nonconforming Signs Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 33- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECTION 111 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO THE DEFINITION OF NONCONFORMING SIGNS BE IT ORDAINED BY THE COUNCLL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 1, Section 111, Definitions, of the Comprehensive Zoning Ordinance is amended and reordained as follows: Nonconforming Sign. Any sign lawful at the effective date of this Ordinance or Amendment thereto which does not con! form with the applicable provisions of this Ordinance or subsequent Amendment thereto, or any other Ordinance of the Code of the City of Virginia Beacb. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth day of December, 1980. - 34- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, SECTION 215 OF THE COMPREHENSIVE ZONING ORDINANCE RELATING TO NONCONFORMING SIGNS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 2, Section 215, Nonconforming Signs, of the C.Z.O. is amended and reordained as follows: 215. Nonconforming Signs. No nonconforming sign Or-d-inanee shall be structurally altered, enlarged, moved or replaced er unless the sign is brought into compliance with the provisions of this Ordiriance. No nonconforming sign shall be repaired at a cost in excess of Fifth (50) percent of its current replacement cost tin-less until the same shall be brought into compliance with the provisions of this Ordinance by the landowner. All nonconforming signs in any district which are not maintained in a con- tinuous state of good repair and/or all noncoriforming signs which are abandoned for a period of two (2) years shall be removed. For purposes of this Ordinance, a sign shall be considered as abandoned if no copy or advertising matter is exhibited on the advertising faces of the sign. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth day of December, 1980. - 3 5- ITEM II-G.2.b ITEM #1 59 94 Upon motion by Councilwoman Henley, seconded by Councilman Holland, City Council voted to DEFER UNTIL JANUARY 12, 1980 the Ordinances to amend and reordain Article 1, Section 107, of the Comprehensive Zoning Ordinance pertaining to amendments; AND, to amend and reordain Article 2, Section 220 of the Comprehensive Zoning Ordinance pertaining to procedural requirements. Voting: 11-0 Council Members Voting Aye: (for deferral) John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 36- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECTION 107 COMPREHENSIVE ZONING ORDINANCE PERTAINING TO AMENDMENTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 1, Section 107, Amendments, of the C.Z.O- is amended and reordained as follows: 107. Amendments. (h) Effective Date. Unless expressly exempted by City Council, each amendment to the Ordinance shall become effective thirty (30) days after its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1980. DEFERRED BY CITY COUNCIL: 8 December 1980 3 7- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, SECTION 220 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO PROCEDURAL REQUIREMENTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 2, Section 220, Procedural Requirements, of the C.Z.O. is amended and reordained as follows: 220. Procedural Requirements. (e) Action by City Council. After receiving the recommendations of the City Agencies and the Planning Commission, the City Council shall hold a Public Hearing and act upon the proposed conditional use, granting the application in whole or in part with or without modifications, or denying it. In addition to the general or specific requirements set forth in this Ordinance concerning the proposed use, which shall be considered minimum requirements with respect to the permit, additional requirements conditions and safeguards may be added by the City Council as required for the protection of pub l ic intere st in the spec if ic case. Unless expressly exempted by City Council,-each con- ditional use permit approved by City Council shall become effective thirty (30) days after the date of approval. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1980. DEFERRED BY CITY COUNCIL: 8 December 1980 - 3 8- ITEM II-G.2.c ITEM #15c,95 Upon motion by Councilman Holland, seconded by Councilwoman Henley, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the Ordinance to amend and reordain Article 2 of the Comprehensive Zoning Ordinance pertaining to General Requirements and Procedures Applicable Within Various Districts. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 3 9- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2 OF THE COMPREHENSIVE ZONLNG ORDINANCE PERTAINING TO GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE WITHIN VARIOUS DISTRICTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 2, General Requirements and Procedures Applicable Within Various Districts, of the C.Z.O. is amended and reordained as follows: C. Conditional Uses and Structures 220. Purpose The purpose of this Section is to recognize certain uses which, by their nature, can have an undue impact upon or be incompatible with other uses of land within a given zoning district. These uses as described may be allowed to locate within given designated districts under the control, limitations, and regulations of a conditional use permit. It shall be the duty of the City Council under the provisions of this Article to evaluate the impact and the compatibility of eacb such use, and to stipulate such conditions and restrictions inc in those specifically contained herein as will assure the use being compatible with the neighborhood in which it is located, both in terms of existing land uses and conditions and in terms of development proposed or permitted by right in the area; or where that cannot be accomplished, to deny the use as not being in accordance with the adopted Comprehensive Plan or as being incompatible with the surrounding neighborhood. 221. 229 Procedural Requirements and General Standards for Conditional Uses. (i) Compliance with requirements. No conditional use permit shall be issued except upon a finding by the City Council that the proposed use conforms to the requirements set forth in this Ordinance and that @he proposed conditional use, together with the conditions attached, will be compatible with the neighborhood in which it is to be located, both in terms of proposed land uses and uses permitted by rigbt in the area. Among matters to be considered in this connection are traffic flow and control; access to and circulation within the property; offstreet parking and loading; refuse and service areas; utilities; screening and buffering; signs, yards, and other open spaces; height bulk and location of structures; location of proposed open space uses; hours and manner of operation; and no ise, light, dus t, o do r, funes and vibrat ion s . (j) Conformity with adopted plans. The proposed con- @itional use shall be in accord witb the purposes of the Comprehensive Plan and all the zoning regulations and other applicable regulations. - 40 - 221. 2 2 2. A44 it ien& I-Re q eli-emepk t 9 - fer-Geedit +eit&1-Use e Specific Standards for Certain Conditional Uses In addition to the general standards listed above, the following conditional uses shall comply with the respective specific standards set forth. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth day of December, 1980. - 41 - ITEM II-G.2.d ITEM #15996 Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the following Ordinances: An Ordinance to amend and reordain Article 5, Section 581 of the Comprehensive Zoning Ordinance pertaining to use regulations for Golf Courses An Ordinance to amend and reordain Article 6, Section 601, 611, and 631 of the Comprehensive Zoning Ordinance pertaining to use regulations in the A-1 through A-4 Apartment Districts An Ordinance to amend and reordain Article 8, Section 801 of the Comprehensive Zoning Ordinance pertaining to use regulations in the 0-1 Office Distr ic t Voting; 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 4 2- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 5, SECTION 581 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO USE REGULATIONS FOR GOLF COURSES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 5, Section 581, Use Regulations, of the C.Z.O- is hereby amended and reordained as follows; 581. Use Regulations. Within an R-9 Residential Townhouse District, only the following uses and structures shall be permitted: (a) Principal uses and structures: 44@ f-"m-ar,y-ptib,ile-way (4) 4@ Parks, playgrounds and community centers, botanical and zoological gardens and otber public buildings and uses; (5) 46@ Public elementary, intermediate, and high schools, colleges and universities, business college (but not trade schools); day nurseries in connection with public or private elementary schools or churches; (6) 4-7@ Public utilities installations and substations, provided offices or storage or maintenance facilities shall not be permitted; and provided, further, that utilities substations, other than individual transformers, shall be surrounded by a wall, solid except for entrances and exits, or by a fence with a screening hedge five (5) to six (6) feet in height; and provided also, transformer vaults for underground utilities and the like shall require only a landscaped screening hedge, solid except for access opening. (c) Conditional uses and structures. Uses and structures bereinafter specified; subject to compliance with the provisions of Part C of Article 2 hereof: (8) Non-illuminated golf courses, including par 3 but not miniature, with a minimum area of ten acres, together with such uses which are incidental to golf courses, provided that such uses shall be designed and scaled to meet o@ the requirements of the members, guests or users of the golf course, and no signs or other iudications of such uses shall be visible from any public way; -4 3- (9) 48@ Private schools having academic curriculums similar to public schools; (10) 419@ Recreation and amusement facilities of an outdoor nature, other than as specified under permitted principal uses and structures, which may be partially or temporarily enclosed on a seasonal basis witb approval of City Council, except that riding academies and recreational campgrounds shall not be allowed as a conditional use or otherwise; (11) 41.9@ Storage and maintenance installations for public utilities. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth day of December, 1980. - 4 4- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 6, SECTIONS 601, 611, AND 631 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO USE REGULATIONS IN THE A-1 THROUGH THE A-4 DISTRICTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 6, Section 601, Use Regulations, of the C.Z.O. is amended and reordained as follows: 601. Use Regulations. In the A-1 Apartment District, only the following uses and structures shall be permitted: (a) Principal uses and structures: (6) 49@ Parks, playgrounds and community centers, botanical and zoological gardens and other public buildings and uses. (7) (.9@ Public elementary, intermediate and high schools, colleges and universities; (8) 44.9* Public utilities installations and substations; pro- vided offices or storage or maintenance facilities shall not be permitted; and provided, further, that utilities substations, otber than individual trans- formers, shall be surrounded by a wall, solid except for entrances and exits, or by a fence with a screen- ing hedge five (5) to six (6) feet in heigbt; and provided also, transformer vaults for underground utilites and like uses shall require only a land- scaped screening hedge, solid except for access opening. (c) Conditional uses and structures. Uses and structures here- inafter specified; subject to compliance with the provisions of Part C of Article 2 hereof: (10) Medical offices, professional offices and clinics; (13) Non-illuminated golf courses, including par 3 but not miniature, with a minimum area of ten (10) acres,, (14) Nurses homes and similar housing for institutional employees; monasteries and convents; -4 5- (15) 41..3@ Private schools having academic curriculums similar to public schools; -(16) 4.14) Recreation and amusement facilities of an outdoor nature other than as specified under permitted principal uses and structures, which may be partially or temporarily enclosed on a seasonal basis with approval of City Council, except that riding academies and recreational campgrounds shall not be allowed as a conditional use or otherwise; (17) 41-.5) Television or other broadcasting stations and line-of- sight relay devices. aft4at-y -lift ve -&tltaeent -front -yal-d or -the-f-iret - -zork +n t p tipp, e sea -aitdi- - If-& - eerttlit lefta I -tie e -p erm-it - la - & the rw+ se 41-i*;--here-iftebeve 1 2/ 0 8/ 80 - 46 - That Article 6, Section 611, Use Regulations, of the C.Z.O- is amended and reordained as follows: 611. Use Regulations Within an A-2 Apartment District, only the following uses and structures shall be permitted: (a) Principal uses and structures: (1) All of the principal uses and structures permitted in the A-1 Apartment District. 4.2 Fi-a t e i-it -1 by - ait44 -L- e r- 1 ty - h e tte e 9;- - 9 t titi eit t 4.3 R & me a - f- e, p - t h e -a g e 4;- - d I 9 &@ I e el - & 1- - haitt+ 4: e a p p e 4;- -i n e 1. "ti -lit g - e &It v& it & 9 e e it t- - e i- - n ti r a -1 it 9 - h & se a mat-erit-ity-hemes. (c) Conditional uses and structures. All of the conditional uses and structures permitted in the A-1 Apartmeut District; subject to compliance with the provisions of Part C of Article 2 hereof. -(d@ Transitional uses and structures: 4 1- W h e L- e - art -A - -2 -A p a r, t- me n e - Di a t- p 1 e e -a 4lit 9 - a - R o t- e .1, Feq "IL-edr -vi tlte ut -reet ttii-4ftg-s tieh-e&m4,it left&1-ti& e @erm+t: yai-el -aftd -lieig kt- reet ti4re melt t O-ef -the-4 is triet !in -wlt !eh - the- zeit Ing-l-o t- -!Lo - -lee& ee4-an4 - te -aII That Article 6, Section 631, Use Regulations, of the C.Z.O. is amended and reordained as follows: -4 7- 6 31. lise Regulations All of the uses and structures permitted in an A-3 Apartment District shall be permitted in an A-4 Apartment District. @e-allewed. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth day of December, 1980. - 4 8- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 8, SECTION 801 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO USE REGULATIONS IN THE 0-1 OFFICE DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 8, Section 801, Use Regulations of the C.Z.O. is amended and reordained as follows: (a) Principal uses and structures 48* N ttr a -ilt t -er -eeit vales e eyk t -hoses r -mat erit ity -homes, (8) -(9@ Public schools, colleges and universities, and private schools, colleges and universities having similar academic curriculums; (9) 41-9@ Public utilities installations and substations including offices; provided storage or maintenance facilities shall not be permitted; and provided, further, that utilities substations, other than individual transformers, shall be surrounded by a wall, solid except for entrances and exits, or by a fence with a screening hedge five (5) to six (6) feet in height; and provided also, transformer vaults for underground utilities and the like shall require only a landscaped screening hedge, solid except for access opening. (c) Conditional Tjses and structures. Uses and structures hereinafter specified; subject to compliance with the provisions of Part C of Article 2 hereof: (6) Nursing or convalescent homes, maternity homes, homes for the aged, and similar institutions for shelter and care of persons: (7) 46@ off-street parking in conjunction with permitted uses in an adjoining business district, provided such park- ing shall be limited to that zoning lot contiguous with the business district use for which the parking is provided but in no event shall such off-street parking extend more than two hundred feet into the 0-1 District; (8) 4-7@ Photographic film processing; - 4 9- -(9) 484 Private clubs and lodges; (10) 4@ Television or radio transmission towers and line-of-sight relay devices. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth day of December, 1980. - 50 - F I R S T R E A D I N G S ITEM II-H.l.a ITEM #15997 Upon motion by Councilman Holland, seconded by Councilwoman Henley, City Council voted to APPROVE ON FIRST READING the Ordinance to appropriate funds of $59,149 for the State Fuel Assistance Program. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor H@rold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 51 - AN ORDINANCE TO APPROPRIATE FUNDS OF $59,149 FOR THE STATE FUEL ASSISTANCE PROGRAM WHEREAS, the State Department of Welfare has notified the Department of Social Services that funding bas been provided for the State Fuel Assistance Program with Virginia Beach receiving an allocation approximately equal to last year's allocation of over $690,000; and, WHEREAS, the Commonwealth unlike last year will make payments for fuel assistance directly from Richmond and the City will incur oaly the local administrative costs of the Program with the State reimbursing at least 80% of those administrative costs; and, WHEREAS, it is estimated that the local administrative costs to provide the program will total $59,149 including funds of $5,000 for emergency fuel assistance payments which will be reimbursed at 100% by the State; and, WHEREAS, administration of the Program will require the hiring on a temporary basis of eight eligibility workers and three clerk typists for a period of no longer than 180 days. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $59,149 be appropriated and eleven temporary positions be allocated to the Department of Social Services for the Fuel Assistance Program and that the appropriations be financed by $48,319 estimated revenue from the Commonwealth and a local match of $10,830 from the General Fund Balance. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1980. FIRST READING: 8 December 1980 SECOND READING: - 52- ITEM II-H.2.a ITEM #15998 Mr. Sam Houston appeared regarding this matter. The following appeared in opposition: Mr. Roy Bartholomew Mr. A. J. Chewning Mrs. Vivian Hitchcock Upon motion by Councilman Merrick, seconded by Councilwoman McClanan, City Council voted to DEFER UNTIL SPECIAL MEETING OF DECEMBER 16, 1980, tbe ordinance to amend and reordain Section 29-4 of the Code of the City of Virginia Beach, Virginia, relating to sewer service maintenance charges; AND, the Ordinance to amend Sections 37-2, 37-4, 37-29(a) and 37-32 and 37-33 of the Code of the City of Virginia Beach, Virginia, relating to water supply and rates. Voting: 11-0 Council Members Voting Aye: (for deferral) John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 5 3- AN ORDINANCE TO AMEND AND REORDAIN SECTION 29-4 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO SEWER SERVICE MAINTENANCE CHARGES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 29-4 of the Code of the City of Virginia Beach, Virginia, is hereby amended to read as follows: Section 29-4. System maintenance. The following monthly maintenance rates are hereby established with respect to all property connected directly or indirectly to the public sewer system maintained by the City: (a) Residential Uses Monthly Charge (1) Single-family residences $7.00 's-5.-Go (2) Structures with two (2) or more family residential units, and trailer parks: First unit or trailer $ 7. 00 4-S.- 9 9 Each additional unit or trailer $5.25 4-3-.-7.5 (3) Hotels and motels: For the first room provided for occupancy $7.00 4-5@gg Bacb additional room for occupancy $2.80 4.2.-99 (4) Campgrounds: For the first space provided $7.00 @-S.-Go For each additional space provided $2.80 ;-2-.99 (b) Nonresidential uses: (1) For all nonresidential uses in which there is also supplied public water service, the maintenance charge shall be determined by the size of the water tap througb which water is provided, as per the following schedule: Tap Size Monthly Charge 3/4 inch $ 7. 0 0 4.5,00 I inch $8. 0 $6v2.S 11/2 inch $1 7. 0 44:-2@-50 2 inch $ 2 6. 0 3 inch $ 5 2. 5 4-3-7@-59 - 54- 4 inch $8 7. 50 6 4 -.-S 9 6 inch $1 75. 00 41--2-5@99 8 inch $406.00 42-99@99 10 inch $6 72. 00 CP489,99 12 inch $1,022.00 4;-39,99 (2) For all non-residential uses in which public water service is not available, the fee shall be as follows: 0-4 commodes $14.00 @1.9@99 Eacb additional commode over four; fee per commode $2.80 4,2@99 This Ordinance shall be effective on and after the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1980. DEFERRED BY CITY COUNCIL: 8 December 1980 - 55- AN ORDINANCE TO AMEND SECTIONS 37-2, 37-4, 37-29(a), 37-32, AND 37-33 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGTNIA, RELATING TO WATER SUPPLY AND RATES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 37-2, 37-4, 37-29(a), 37-32 and 37-33 of the Code of the City of Virginia Beach, Virginia, are hereby amended to read as follows: Section 37-2. Application end-eeftt-i-aet- for consumer service. The Director of Public Utilities is hereby authorized to furnish water service to consumers upon application of the owner, agent or tenant of the premises connected to City water. Section 37-4. Deposits. water-usage-aeeount: METER-64.ZE AMOUNT 5/8 inch 4-2.5@90 3/4 inch 4-26TOO 1 inch 4--2-5,99 11/2 inch 2 inch 3 inch 41-59,99 4 incb 4-2@vgg 6 inch 4999@go 8 inch and above Repee4:t-eqtial-te estimate4-water eeneemptielt-fer-eite @illint-pepie4. 56- -(a) 4b@ After any consumer has been delinquent in bis bill, the Department of Public Utilities may require a deposit in an amount based on an estimated monthly bill in order to continue service. (b) 4e@ Deposits may be refunded upon written request to the Department of Public Utilities after six consecutive billing periods of maintaining payments on time. (c) 44@ No interest will be paid on deposits. Section 37-29. Connection and installation fees. (a) Connection to City water line (tap fee): 3/4 inch tap and 5/8 inch meter $220.00 1 inch tap and meter $285.00 11/2 inch or larger tap and meter Cost of labor, materials and equipment plus 25% for administration. 5/8 inch or 3/4 inch meter and appurtenances only $120.00 1 inch meter and appurtenances only $185.00 11/2 inch or larger meter and appurtenances only Cost of labor, materials and equipment plus 25% for administration. When the installation requires a combination of a different size tap and meter than listed above, the charges will be based on cost of labor, materials and equipment plus twenty-five (25%) percent for administration. Fer-e ne-and -ene-haif - -(11/2*- iiteh - te p 9;- - Seveit - Htiitdred -F ii ty - 5 7- For taps in excess of one (1) t-we-4-2@ inches, an the amount shall be placed in escrow shall-be based on an estimate of costs by the Director of Public Utilities. In any case where a customer desires that an existing tap or meter be moved, the cost of moving the tap or meter shall be based ou the cost of labor, materials and equipment plus twenty-five (25%) percent for administration. A deposit shall be placed in escrow in advance of the estimated cost as determined by the Department of Public Utilities. The following fees shall also be applicable to presently connected uses or structures wbenever a present use or structure is expanded, changed or modified. In sucb cases, the fees shall be determined on the basis of the total proposed new uses or structures, less a credit at current rates for the presently existing uses or structurs or the last structure if previously demolished; provided, the property bas not been vacant for more tban five (5) years; with no credit after five (5) years: Section 37-32. Minimum service availability Met-ei--Ra#ntenanee charges. Each consumer shall pay a monthly minimum service availability meter-ma-interiettee charge as follows for each meter connecting his premises with the City water system: SIZE MONTHLY CHARGE 5/ 8 inch $ 3. 00 ;--@-775 3/4 inch $ 4.00 4-4:,Gg 1 inch $ 6.00 4-4!,19.5 11/2 inch $ 11.00 4-4,-3-5 2 inch $ 17.00 4-6@go 3 inch $ 31.00 41--2"9 4 inch $ 51.00 4.2-2,09 6 inch $101.00 ;4,8@99 8 inch $161.00 @-96,00 10 inch $251.00 4152,99 12 inch $ 361 . 00 @.2-16,99 Fire Hydrant Meter $ 31.00 4-12@Go 5 8- Section 37-33. Water ljsage Rates. In addition to the charges provided for in Section 37-32, each consumer shall pay for w ter usage the rate of $1.31 per thousand gallons ($.98 per hundred cubic feet). eeheg,a.le. Gongtimpeien Rate-4BI-Mefkekly@ 4;-Ggg-ett@-ie-feet -.-7,9-3/- @ 9 9 - e tib -!e - i e et 474;8/-Igg-ett@te-feet Over-4grgOg-e,d6le-feet 4746-3AIGG-ett@,ie-feet The above water usage rate shall become effective with respect to all water consumed on and after January 1, 1981. This Ordinance shall be effective on and after the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1980. DEFERRED BY CITY COUNCIL: 8 December 1980 - 59- N E W B U S I N E S S ITEM II-J.1 ITEM #15999 Attorney Edward Hudgins appeared before Council requesting Kettler Realty Corporation be allowed to file application for a Conditional Use Permit for WAREHOUSING in the B-3 Zoning District; AND, that City Council expedite the application as soon as feasible after the Public Hearing of the Planning Commission. Upon motion by Councilman Holland, seconded by Vice Mayor Heischober, City Council voted to allow Kettler Realty Corporation to file application for a Conditional Use Permit for WAREHOUSING in the B-3 Zoning District; AND, that City Council expedite the application as soon as feasible after the Public Hearing of the Planning Commission, (January 13, 1981). Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None -60 - A P P 0 I N T M E N T S B Y M A Y 0 R ITEM #16000 Mayor McCoy appointed tbe following to the GOLF PACKAGE COMMITTEE: MEMBERS OF CITY COUNCIL W. H. Kitchin, III, Councilman J. Henry McCoy, Jr., D.D.S., Mayor DEPARTMENT OF ECONOMIC DEVELOPMENT *A. J. DeBellis, Director James Ricketts, Tourist Coordinator PARKS AND RECREATION DEPARTMENT Harold S. Whitehurst, Director Richard Branich, Parks Administrator GOLFING COMMUNITY Johnny Kelley, Golf Pro Walter C. Kraemer INNKEEPERS ASSOCIATION George Leary Mel Koch VIRGINIA BEACH CHAMBER OF COMMERCE Bill Center Nancy Creech, Director *Denotes Chairman ITEM #16001 The Mayor and Members of Council congratulated Sam Clay, Assistant to the City Manager, for winning the Young Man of the Year Award, as awarded by the Virginia Beach J,ayCees. - 61- A D J 0 U R N M E N T Upon motion by Councilman Ervin, seconded by Councilman Merrick, and by UNANIMOUS VOTE, the meeting adjourned at 5:33 p.m. -5iane M. Hickman, Deputy City Clerk Rufh Hodges Sifitb, City Clerk Mayor J.-@-nry @F\oy, ir(\@D.S. City of Virginia Beach, Virginia 8 December 1980 dmb/asb