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Home My WebLink AboutMARCH 17, 1980 MINUTES CITY OF VIRGINII BEICI MUNICIPAL CENTER "@dd'& -Caig"t Plot City' VIRGINIA E3EACH, VIRGINIA 23456 MAYOR PATRICK L. STANDING, Al L.,g@ CLARENCE A. HOLLAND, M.D., Baysid@ B.,..gb VICE MAYOR J. HENRY McCOY JR., D.D.S., K@.ps.ill@ B.,..gb DONALD W. MERRICK, Ly..ba@.n B@,..gb JOHN A. BAUM, Bl.ck.ate, B.,..gb MEYERA E. OBERNDORF, At L.,ge F. REID ERVIN, At L.,g@ J. CURTIS PAYNE, P,i@,@s@ A..@ B.,..gh GEORGE R. FERRELL, At L.,g@ ROGER L. RIGGS, Vigi.i. B@.,b B.,..gb BARBARA M. HENLEY, P..go B@,o.gh RUTH HODGES SMITH, City Cle,k CITY COUNCIL AGENDA ITEM I INFORMAL SESSION: MONDAY, 17 March 1980 - 1:00 p.m. A. CALL TO ORDER - VICE MAYOR J. HENRY McCOY, JR. B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS I- ChrlstotherfCenter: Presentation by Frederick A. Kober, Pre iden t he Christopher Companies, regarding the proposed new office park to be built by the Christopher Companies and located at Holland Road and Baxter Road. 2. Disclosure Statements and AICUZ Maps Sent Out by the Board of Realtors: Discussion 3. CZO Amendment Regarding Nonconforming Uses: Discussion of item on formal agenda. 4. City Council Voting Machines: Orientation ITEM II FORMAL SESSION: MONDAY, 17 March 1980 - 2:00 p.m. A. INVOCATION -,Father Richard Mooney Church of The Ascension B. PLEDGE OF ALLEGIANCE C. ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING 1. Motion to accept/approve the Minutes of 25 February 1980 a. Request of Samuel W. Scott, Jr. to speak on application fT&-- TX LI- C I)ICIOPN 3. Motion to accept/approve the Minutes of the Regular Meeting of 10 March 1980. ITEM II E. 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 re- moved from the Consent Agenda and considered separately. 1. Ordinance to amend and reordain Section 15-7 of the Code of the City of Virginia Beach relating to Ex-Convict's re- ports. a. City Manager's letter recommends adoption. 2. Resolution certifying arrangements to be made for the ad- justment and/or relocation of certain utilities and for the installation of any new facilities for the Holland Road pro- ject from Rosemont Road to Lynnhaven Parkway. a. City Manager's letter recommends adoption. 3. Ordinance appointing viewers in the application of Potters Road Investment Group for the closure of a portion of Old Potters Road (Lynnhaven Borough). a. City Manager's letter recommends adoption. 4. Ordinance to amend and reordain Section 5-7 of the Code of the City of Virginia Beach relating to Bird Sanctuaries by adding subsection (M) for the subdivision known as Lynnhaven Colony. a. City Manager's letter recommends adoption. 5. Request of John T. Atkinson, City Treasurer, for tax refunds in the amount of $450. 6. State-Local Hospitalization Contract: 1978-1979 1979-1980 Community Mental Health $137.20 $169.30 Center and Psychiatric Institute F. PLANNING ITEMS 1. DEFERRED ON FEBRUARY 25, 1980 FOR THREE WEEKS UNTIL TODAY Ordinance to amend and reordain Article 6 of the CZO pertain- ing to duplexes in the A-1 through A-4 apartment districts. a. Letter from the City Manager transmitting the recommenda- tion of the Planning Commissin for DENIAL. ITEM II F. PLANNING ITEMS (continued) 2. DEFERRED ON FEBRUARY 25, 1980 FOR THREE WEEKS UNTIL TODAY Ordinance to amend and reordain Article 1, Section 105 of the CZO pertaining to nonconforming uses a. Letter from the City Manager transmitting the recommenda- tion of the Planning Commission for APPROVAL. 3. DEFERRED ON MARCH 10, 1980 FOR ONE WEEK UNTIL TODAY Ordinance to amend and reordain Section 4.5 of the Subdivision Ordinance of the City of Virginia Beach relating to public sites and open spaces. a. Letter from the City Manager transmitting the recommenda- tion of the City Attorney to DEFER INDEFINITELY this ordinance. 4. Application of satocorporation for a change of zoning from R-6 Residential District to B-1 Business-Residential District on a 1.3 acre parcel located on the south side of Providence Road, west of Lord Dunmore Drive (Kempsville Borough) a. Letter from the City Manager transmitting the recommenda- tion of the Planning Commission to allow WITHDRAWAL. 5. Application of Sidney E. and Mary L. Hickman for a change of zoning from R-4 Residential District to 0-1 Office District on a .37 acre parcel located on the north side of Wildwood Drive, west of First Colonial Road (Lynnhaven Borough). a. Letter from the City Manager transmitting the recommenda- tion of the Planning Commission for APPROVAL. 6. Application of Charles E. Dalby and Associates for a change of zoning from R-6 Residential District to R-9 Residential Dis- trict on a 1.12 acre parcel located west of the intersection of Chatham Hall Drive and Lord Dunmore Drive (Kempsville Borough). a. Letter from the City Manager transmitting the recommenda- tion of the Planning Commission for APPROVAL. 7. Application of Virginia Beach Federal Savings and Loan Associa- tion for a change of zoning from R-4 Residential District to 0-1 Office District on a 3.6 acre parcel located on the west side of First Colonial Road, north of Wolfsnare Road (Lynnhaven Borough). a. Letter from the City Manager transmitting the recommenda- tion of the Planning Commission for APPROVAL. ITEM II F. PLANNING ITEMS (continued) 8. Application of DeFord, Limited, for a change of zoning from R-5 Residential District to R-8 Residential District on a 74.62 acre parcel located north of Newtown Road, at the terminus of Broad Meadows Boulevard (Bayside Borough) a. Letter from the City Manager transmitting the recommenda- tion of the Planning Commission for APPROVAL. 9. Application of Seawall Enterprises, Inc. for a conditional use permit for dune disturbing activity (bulkhead) on a .09 acre parcel located at the northwest intersection of Northampton Boulevard and Ocean View Avenue (Bayside Borough). a. Letter from the City Manager transmitting the recommenda- tion of the Planning Commission for DENIAL. 10. Application of David K. Hillquist for a conditional use permit for recreational facilities of an outdoor nature (bumper boats) on a .495 acre parcel located at the southwest corner of 5th Street and Atlantic Avenue (Virginia Beach Borough). a. Letter from the City Manager transmitting the recommenda- tion of the Planning Commission for APPROVAL. G. ORDINANCES 1. Appropriations a. Second Readings 1. Ordinance to appropriate funds for the Community Mental Health Rehabilitation Unit in the amount of $29,740. b. First Readings 1. Ordinance authorizing the issuance of $9,100,000 Water and Sewer Revenue Bonds of the City of Virginia Beach on FIRST READING. a. Letter from the City Manager recommending ADOPTION. 2. Ordinance to accept a grant totalling $35,012 from the Division of Justice and Crime Prevention and to appropriate these funds on FIRST READING. a. Letter from the City Manager recommending ADOPTION. 3. Ordinance to appropriate funds of $47,988 towards the replacement of a compactor at Landfill II on FIRST READING. a. Letter from the City Manager recommending ADOPTION M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 17 March 1980 The Regular Meeting of the Honorable City Council of the City of Virginia Beach, Virginia, was called to order by Acting Mayor J. Henry McCoy, Jr., in the Conference Room, in the Administration Building, on Monday, 17 March 1980, at one o'clock in the afternoon. Council Members Present: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Acting Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs Council Members Absent: Donald W. Merrick, and Mayor Patrick L. Standing ITEM #14864 Acting Mayor McCoy entertained a motion to allow Council to conduct its INFORMAL SESSION and then recess into EXECUTIVE SESSION for: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, salaries, discipline, or resignation of public officers, or employees of any public body. (Personnel Matters). 2. Consultation with legal Council 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. ( Upon motion by Councilman Payne, seconded by Councilman Holland, City Council voted to recess into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 9-0 3 / 1 78 0 ITEM II H. OLD BUSINESS 1. Approval of the By-Laws of The Citizens Advisory Committee on Housing and Community Development. 2. Appointments: Boards and Commissions. I. UNFINISHED BUSINESS 1. Public access from parking area to the Municipal and Circuit Court area. J. NEW BUSINESS K. ADJOURNMENT 2- Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Acting Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs Council Members Voting Nay: None Council Members Absent: Donald W. Merrick, and Mayor Patrick L. Standing I N F 0 R M A L S E S S I 0 N HOUSING AUTHORITY ITEM #14865 Councilwoman Oberndorf discussed with Council an article which appeared in the Ledger-Star regarding "Beach Citizens Advisory Committee ponders Housing Authority." The City Manager indicated, to his knowledge, it was a meeting between the Citizens Advisory Committee, HUD officials, and the Executive Director of Suffolk's Housing and Redevelopment Authority, to discuss the pros and cons of the Housing Authority. It was noted a Public Hearing will be held on 19 March 1980 regarding this matter, in the School for Effective Learning. VARIANCE - LOT ITEM #14866 Councilwoman Oberndorf discussed with Council an article which appeared in the BEACON regarding an approved Variance of a City Employee. Mr. Robert J. Scott, Director of Planning, appeared before Council in the INFORMAL SESSION to discuss this matter further. CHRISTOPHER CENTER ITEM #14867 Presentation by Frederick A. Kober, President of the Christopher Companies, regarding the proposed new office park to be constructed by the Christopher Companies and located at Holland Road and Baxter Road. DISCLOSURE STATEMENT ITEM #14868 Deferred for one (1) week the discussion on the Disclosure Statements and the AICUZ Maps received from the Board of Realtors. 3/ 17 8 0 3- CZO AMENDMENT ITEM #14869 Discussion of the Comprehensive Zoning Ordinance amendment regarding nonconforming uses will be in the FORMAL SESSION. VOTING MACHINES ITEM #14870 The City Clerk discussed the operation of the City Council Voting Machine. The Electronic Voting System, manufactured by Daktronics, Inc., Brookings, South Dakota, has been installed and will be used for the first time in this FORMAL SESSION. City Council recessed to the EXECUTIVE SESSION (1:55 p.m.), for briefing prior to the FORMAL SESSION in the Council Chambers. 3/ 1 7 / 8 0 -4- F 0 R M A L S E S S I 0 N- VIRGINIA BEACH CITY COUNCIL 17 March 1980 2:05 p.m. Council Members Present: John A. Baum, F. Reid Ervin, George R. Ferrel I , Barbara M. Henley, Clarence A. Holland, Acting Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, ]. Curtis Payne, Roger L. Riggs Council Members Absent: Donald W. Merrick, and Mayor Patrick L. Standing INVOCATION: Father Richard Mooney Church of the Ascension MINUTES: Mr. Samuel W. Scott, Jr., appeared before Council requesting the application of Benito J. Aquino (Item II-H.5, 25 February 1980), be reconsidered by Council. Upon motion by Councilman Baum, seconded by Councilman Ferrell, City Council voted to APPROVE the Minutes of the Regular Meeting of 25 February 1980, AS WRITTEN. 9-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Acting Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs Council Members Voting Nay: None Council Members Absent: Donald W. Merrick, and Mayor Patrick L. Standing 3 1 7 8 0 RECONSIDERATION ITEM #14871 Upon motion by Councilman Baum, seconded by Councilman Ferrell, City Council voted to RECONSIDER the application of BENITO J. AQUINO for a Conditional Use Permit for photographic film processing (Item #14796 - 25 February 1980); and, schedule the hearing for 14 April 1980. Voting: 9-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Acting Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs Council Members Voting Nay: None Council Members Absent: Donald W. Merrick, and Mayor Patrick L. Standing 3 1 7 8 0 -6- MINUTES (ITEM II-D.2) ITEM #14872 Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf, City Council voted to APPROVE the Minutes of the Special Meeting of 6 March 1980. Voting: 9-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara ti. Henley, Clarence A. Holland, Acting Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs Council Members Voting Nay: None Council Members Absent: Donald W. Merrick, and Mayor Patrick L. Standing MINUTES (ITEM II-D.3) ITEM #14873 Upon motion by Councilman Payne, seconded by Councilman Holland, City Council voted to APPROVE the Minutes of the Regular Meeting of 10 March 1980, which included the Special Meeting of 10 March 1980. Voting: 9-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Acting Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs Council Members Voting Nay: None 3 17 8 0 7- Council Members Absent: Donald W. Merrick, and Mayor Patrick L. Standing CONSENT AGENDA (ITEM II-E) ITEM #14874 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: Upon motion by Councilman Baum, seconded by Councilman Holland, City Council voted to APPROVE the following CONSENT AGENDA with the exception of ITEM II- E.1, which will be voted on separately. Voting: 9-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Acting Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs Council Members Voting Nay: None Council Members Absent: Donald W. Merrick, and Mayor Patrick L. Standing 3 17 8 0 -8- CONSENT AGENDA (ITEM II-E.2) ITEM #14874(a) At a meeting of the Council of the City of Virginia Beach, Virginia, held the Seventeenth day of March, 1980, the following Resolution was adopted: R E S 0 L U T I 0 N WHEREAS, the Highway Department proposed to construct or otherwise improve a section of Holland Road from Rosemont Road to Lynnhaven Parkway designated as Highway Project: UOOO-134-114, RW-202, C-502; and, WHEREAS, the City Council is responsible for making arrangements for the adjustment and/or relocation of certain utilities and for the installation of any new facilities. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Virginia Beach hereby certifies that all arrangements have been made or will be made for the relocation and/or adjustment of said utility facilities, and for the installation of any new facilities. In the event of any justifiable claims from the road contractor for delays or interference caused by said utilities, the City of Virginia Beach hereby agrees to be responsible for such claims, provided it may legally do so and further provided that the City is advised in writing by the Highway Department at the time of delay that the road con- tractor intends to file a claim. Said utilities are identified as follows: Utilit@t Owner Type of Facil@t The Chesapeake and Potomac Telephone Company Communication of Virginia Virginia Electric and Power Company Electrical (Distribution) Continental Telephone Company of Virginia Communication Cox Cable T. V. of Tidewater Cable T. V. Virginia Electric and Power Company Gas City of Virginia Beach Water and Sewer Mayor City of Virginia Beach A copy teste: City Clerk 3 1 7 8 0 -9- Upon motion by Councilman Baum, seconded by Councilman Holland, City Council voted to ADOPT the above Resolution certifying arrangements to be made for the adjustment and/or relocation of certain utilities and for the installation of any new facilities for the Holland Road Project from Rosemont Road to Lynn- haven Parkway. Voting: 9-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Acting Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs Council Members Voting Nay: None Council Members Absent: Donald 14. Merrick, and Mayor Patrick L. Standing 3 17 8 0 -10- CONSENT AGENDA (ITEM II-E.3) ITEM #14875 ORDINANCE APPOINTING VIEWERS WHEREAS, Potters Road Investment Group, a Virginia Limited Partnership, has given due and proper notice, in accordance with the Statutes of such cases made and provided that they will on the 10th day of March, 1980, apply to the City Council of the City of Virginia Beach, Virginia, for the Appointment of Viewers to review the below-described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what in- convenience would result from the discontinuance of the hereinafter described portion of that certain street of approximately 35-feet, more or less in width, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT C. Oral Lambert David M. Grochmal AND Robert J. Scott are hereby appointed to view the bplow-described property and report in writing to the Council on or before , 1980, whether in their opinion, any, and if any, what inconvenience would result in the discontinuance and vacating of a portion of that certain street of approximately 35-feet, more or less in width, located in the City of Virginia Beach, Virginia, and more particularly described as follows: 3 / 1 7 / 8 0 ALL that certain piece or parcel of land situate and being in the City of Virginia Beach, Virginia, and described as follows: Beginning at a point on the Northern Line of Potters Road (Relocated) as shown on that plat entitled "Street Dedication and Closure Plat for Wesley Drive (Formerly Old Potters Road)", dated February 11, 1980, by Engineering Services, Inc., said plat to be recorded in the Clerk's Office of the Circuit Court of the Citv of Virginia Beach, Virginia; thence @l 490 6121" W a distance of 103.21 feet; thence N 58u58'58" W a distance of 107.06 feet; thence along the arc of a curve to the right an arc distance of 62.54 feet; thence S 58058'58" E a distance of 49.99 feet; thence S 49006121" E a distance of 82.48 feet to the Northern line of Potters Road (Relocated); thence along the said Northern line N 72003'01" E a distance of 36.05 feet to the point of beginning. All of the above as shown on the Plat which shows the closing of said portion of Old Potters Road, in the City of Virginia Beach, Virginia, which Plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. 3 / 17 8 0 -1 3- 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 and that after such report shall have been made an Ordinance be adopted closing and vacating this portion of the said street. 3. That on the 28th day of February, 1980, Notice of the presenting of the Application was posted at the Courthouse of the Circuit Court of the City of Virginia Beach, Virginia, on the premises to be closed, and at the City Hall Annex, 19th Street and Arctic Avenue, Virginia Beach, Virginia, as evidenced by the Affidavit attached hereto, and a copy of said Notice. 4. That the Petitioner and the City of Virginia Beach, Virginia, are the fee simple owners of all land along and adjacent to and affected by said portion of the street to be closed and, consequently, are the only landowners affected by same. POTTERS ROAD INVESTMENT GROUP, A Virginia Limited Partnership By Of Counsel William E. McCardell, Jr. 2600 Potters Road Virginia Beach, Virginia 23452 Council for Petitioner 3 1 7 8 0 -1 2- IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF APPROXIMATELY 35-FEET, MORE OR LESS, IN WIDTH, KNOWN AS OLD POTTERS ROAD, IN THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON A CERTAIN PLAT ATTACHED HERETO. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your petitioner, Potters Road Investment Group, respectfully represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the petitioner applies for the vacating, closing and discontinuance of a portion of that certain street, which is more specifically described as follows: ALL that certain piece or parcel of land situate and being in the City of Virginia Beach, Virginia, and described as follows: Beginning at a point on the Northern line of Potters Road (Relocated) as shown on that plat entitled "Street Dedication and Closure Plat for Wesley Drive (Formerly Old Potters Road)", dated February 11, 1980, by Engineering Services, Inc., said plat to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia; thence N 49006'21" W a distance of 103.21 feet; thence N 48058'58@' W a distance of 107.06 feet; thence along the arc of a curve to the right an arc distance of 62.54 feet; thence S 58058'58" E a distance of 49.99 feet; thence S 49006'21" E a distance of 82.48 feet to the Northern line of Potters Road (Relocated); thence along the said Northern line N 72003'01" E a distance of 35.06 feet to the point of beginning. Said parcel of land being a portion of Old Potters Road as indicated on said plat attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the said portion as aforesaid. 2. That the said portion of Old Potters Road has not been used as a public street for several vears, that no inconvenience will result to any persons by reason of said closing, vacation and discontinuance of said street; and that the petitioner prays that this Honorable Council appoint Viewers as provided by law to view said street proposed to be closed and to report in writing to the City Council on or before the day of 1980, as to whether in 3 / 1 7 / 8 0 -1 4- Upon motion by Councilman Baum, seconded by Councilman Holland, City Council voted to APPROVE the above Ordinance appointing Viewers in the application of Potters Road Investment Group for the closure of a portion of Old Potters Road, in the Lynnhaven Borough of the City of Virginia Beach, Virginia. Voting: 9-0 Council Members Voting Aye: John A. Baum, F. Peid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Acting Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs Council Members Voting Nay: None Council Members Absent: Donald tl. Merrick, and Mayor Patrick L. Standing 3 17 8 0 -1 5- CONSENT AGENDA (ITEM II-E.4) ITEM #14876 REQUESTED BY: COUNCILMAN DONALD W. MERRICK 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 CITY 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 (M) as follows: (M) The Subdivision known as Lynnhaven Colony. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of March, 1980. Upon motion by Councilman Baum, seconded by Councilman Holland, City Council voted to APPROVE the above Ordinance to amend and reordain Section 5-7 of the Code of the City of Virginia Beach, Virginia, relating to Bird Sanctuaries, by adding Subsection (M) (The Subdivision known as Lynnhaven Colony). Voting: 9-0 3 / 17 8 0 -1 6- Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Acting Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs Council Members Voting Nay: None Council Members Absent: Donald W. Merrick, and Mayor Patrick L. Standing 3 17 8 0 -1 7- CONSENT AGENDA (ITEM II-E.5) ITEM #14877 Upon motion by Councilman Baum, seconded by Councilman Holland, City Council voted to APPROVE the request of Mr. John T. Atkinson, City Treasurer, for tax refunds in the amount of $450.00: Voting: 9-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Acting Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs Council Members Voting Nay: None Council Members Absent: Donald t4. Merrick, and Mayor Patrick L. Standing 3 17 8 0 -18- ANI) tIP014 CEIJ'fIF'ICATIO;i OF 'I'itE B I- IT Ol'%I)AINFD BY 'rli@ CC)t)NC:IL Or CITY OF VIT@GINIA I'l@ACII, VTRUI.Nl,'@: That the follo@qin- applications for tax refunds upon certification of Treasurer -ire hereby approved: $450. 00 To-ali TAX,@ TYPE TICKET @,'@@OI;ER- DATE A14E YFA OF TAX I\'U,-IBI@'R 'FION--N( PAID :IFNAL'KY llq,r TOT-AL Williams, Kenneth L. 80 CD 42356 1/28/80 15.00 mes, Howard A. 80 CD 89529 1/15/80 15.00 pkins, June S. 80 CD 59073 1/3/80 7.50 xon, Quinton J. 80 CD 29513 1/21/80 15.00 xon, Quinton J. 80 CD 29515 1/21/80 15.00 sey, John W. 80 CD 81492 1/4/80 7.50 err, Richard L. 80 CD 33193 1/22/80 15.00 kins, Franklin R. 80 CD 19412 1/15/80 7.50 nal, Frances M. 80 CD 75415 2/l/80 7.50 well, Charles E. 80 CD 68996 1/17/80 15.00 ied, P. R. & E. K. 80 CD 68163 1/18/80 7.50 wrence, Mary D. 80 CD 78102 2/26/80 15.00 n@ley, John & Diane 80 CD 141125 1/24/80 3.50 @, Arthur & Tanya 80 CD 26942 1/22/80 15.00 pper, Diana J. 80 CD 96289 1/22/80 15.00 emons, J. S. & C. A. 80 CD 110750 1/13/80 15.00 mmond, Thomas J. 80 CD 431012 1/28/80 15.00 itesell, Susan W. 79 CD D1836 9/10/79 4.00 naher, K. E. & E. P. 80 CD 91253 1/16/80 7.50 gard, Barbara R, 80 CD 19390 1/14/80 15.00 os, Robert H. 80 CD 69708 1/21/80 7.50 Iliams, Caroline E. 80 CD 91500 1/16/80 7.50 rd, A. C. & I. S. 80 CD 45174 1/28/80 I'@.00 rd, A. C. & 1. S. 80 CD 45175 1/28/80 15.00 te, Claude S., III 80 CD 27269 1/24/80 15.00 te, Elizabeth D. 80 CD 27271 1/24/80 15.00 le, Francis V. 80 CD 82191 2/22/80 7.50 uden, John W. Jr. 80 CD 83428 1/11/80 15.00 ion Brick Const. Co. 80 CD 26347 1/21/80 15.00 moy, Taza L. 80 CD 41366 1/25/80 7.50 nger, Frank R. 80 CD 125027 1/22/80 7.50 zalkerley, Lena M. 80 CD 29137 1/25/80 15.00 ite, Hazel F. 80 CD 10522 1/8/80 7.50 c Ilan, Herbert F. so CD 10591 2/4/80 15.00 s-, Bobby R. 80 CD 39361 1/29/80 15.00 ckwell, A. R. & D. E. 80 CD 122534 1/18/80 15.00 rides, Constantine J. 80 CD 13620 1/10/80 7.50 rwitz, Irwin 80 CD 72058 1/23/90 15.00 he above abatements totaling were approved by he Council of the City of'Virginia each on the day of' rer Approved as t o form: Litli 11. Smith, City Clerk 3 city -1 9- CONSENT AGENDA (ITEM II-E.6) ITEM #14878 Upon motion by Councilman Baum, seconded by Councilman Holland, City Council voted to APPROVE the following State-Local Hospitalization contract: 1978-1979 1979-1980 Community Mental Health $137.20 $169.30 Center and Psychiatric Institute Voting: 9-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara,M. Henley, Clarence A. Holland, Acting Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs Council Members Voting Nay: None Council Members Absent: Donald W. Merrick, and Mayor Patrick L. Standing 3 1 7 8 0 - 20- CONSENT AGENDA (ITEM II-E.1) ITEM #14879 ,Requested by: Chief of Police, W. W. Davis AN ORDINANCE TO AMEND AND REORDAIN SECTION 15-7 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO EX-CONVICT'S REPORTS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 15-7 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 15-7. Exemptions. Nothing in this chapter shall be deemed or construed to apply to any person who has received or who shall receive a full and unconditional pardon for each or any crime whereof he shall have been convicted, or any person on furlough from either a Federal or State prison or similar facility, provided they are on constant es-ort by City, State or Federal law officers, officials, or prison authorities during the period of such furlough. This Ordinance shall be effective 30 days from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of March, 1980. Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council voted to APPROVE the above Ordinance to amend and reordain Section 15-7 of the Code of the City of Virginia Beach, Virginia, relating to Ex-Convict's Reports. 3 / 17 8 0 - 21 - Voting: 9-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Acting Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs Council Members Voting Nay: None Council Members Absent: Donald W. Merrick, and Mayor Patrick L. Standing 3 1 78 0 22- PLANNING AGENDA (ITEM II-F.1) ITEM #14880 The City Manacer indicated he had hoped the confusion and clarification of duplex and semi-detached dwellings could be resolved. It seemed the more we studied the definition the more confusing it became. Consequently, the staff feels the best thing to do is to drop the entire question and con- sider the question Council rejected in the past, which was to consider the possibility of single-family homes on 5,000-square foot lots; however, this particular definition in the Comprehensive Zoning Ordinance the staff is requesting it remain in its present form. A person can have semi-detached dwellings (considered townhouses) on 2,500@quare foot lots, and there can be two placed on the lot; however, you cannot have a duplex unless it is on two (2) 5,000-square foot lots, even if they appear the same. In that respect, and only that respect, it is confusing. Planning Commission and Planning Department are studying the possibility of eliminating that by going to the R-8 Residential District, 5,000-square foot lots for fingle-family homes, which would eliminate the problems. Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council voted to DENY the Ordinance to amend and reordain Article 6 of the Comprehensive Zoning Ordinance pertaining to duplexes in the A-1 through A-4 Apartment District. Voting: 9-0 Council Members Voting Aye: (for denial) John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Acting Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs Council Members Voting Nay: None Council Members Absent: Donald W. Merrick, and Mayor Patrick L. Standing 3 1 7 8 0 - 23- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 6 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO DUPLEXES IN THE A-1 THROUGH A-4 APARTMENT 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: (a) Principal uses and structures: (2) Dwell*ngs,-detaehedT-seifl@-detaehed-aRd-attaehed; Dwellings, single family, attached and duplex; That Article 6, Section 602, Minimum Lot Area, Lot Width, Yard Spacing, Recreation Space, and Maximum Density, Height, and Lot Coverage Regulations, of the C.Z.O. is amended and reordained as follows: Within an A-1 Apartment District, the following shall constitute the lot, yard, and open space requirements: (a) The minimum lot area for multiple family dwellings, detaehed-and-seffl4- detaehed sin " e f dwellings, duplexes and lodging use (as a sh:m Illy principal use) not b e less than 10,000 square feet. prev4ded, No minimum lot area shall be required of any off-street parking facility located on a zoning lot other than the zoning lot on which the principal use is situated, to meet parking requirements of a permitted use; and provided, further, that the minimum lot area for any use other than as hereinabove provided shall not be less than 40,000 square feet, provided, however, that the minimum lot area for churches shall be three (3) acres. (b) The minimum lot width for multiple family dwellings, detaEhed-afld-seffi4- detaehed single fam dwellings, duplexes and lodging use (as a - ) shallly principal use not b e less than one hundred (100) feet. pFey4ded, dwe;I*Rgs-sha;;-be-th@rty-f@ve-@36@-feet. No minimum lot width shall be required of any off-street parking facility, located on a zoning lot other than the zoning lot on which the principal use is situated, to meet parking requirements of a permitted use; and provided further that the minimum lot width for any use other than as hereinabove provided shall not be less than 150 feet. ci 3 17 8 0 -24- (c) The minimum yard requirements for multiple family dwellings, detaehed amd-sem@-detaehed single family dwellings, duplexes and lodging use shall be as follows: (1) Front yards shall have a minimum depth of fifteen (15) feet for multiple family dwellings, detaehed-amd-seFR4 detaehed si 7gle ly dwellings, duplexes, lodging and off- street park f:!Tl ty uses and a minimum depth of twenty (20) feet for uses other than the foregoing. Such front yards shall, except for necessary access walks and drives, be main- tained in landscaping and shall not be used for parking. (2) Side and rear yards shall have the following minimum depths: (i) Each shall be ten (10) feet in the case of multiple family, detaehed single family, duplexes, and lodging use (as a principal use); (ii) For-semi-detaehed-uR*ts3-the-rear-yard-sha44-be-teR @Tg@-feet-aHd-the-side-yard-shal4-be-e4ght-k84-fee*i (ii) @4444 Fifteen (15) feet in all other cases. (d) The minimum lot area for attached dwellings shall not be less than 1400 square feet and the minimum lot width shall be fourteen (14) feet for interior and thirty (30) feet for end lots; however, the average lot size for all lots developed within a contagious parcel containing attached dwellings shall average 2500 square feet per lot. The minimum front yard setback for attached dwellings shall be ten (10) feet from the front lot line for all lots fronting on minor streets and twenty (20) feet from the front lot line for all lots fronting on major streets. The minimum side yard setbacks shall be ten (10) feet for the lots at each end of each building group. The minimum rear yard setbacks shall be twenty (20) feet for each attached dwelling unit. The maximum number of attached dwellings that may be constructed in any one (1) group, without the required side yard set- back, is nine (9). (e) Maximum density rating for multiple family dwellings, detaehed-and seffl*-detaehed si??12e 'am ellings, duplexes and attached dwellings shall be twelve ) dwellyindgwunits per gross acre. A minimum of 725 square feet of permanent recreation space shall be provided for each dwellina unit. Lot coverage for one family attached dwellings on individual lots shall not exceed forty (40) percent. For all other dwellings, the maximum lot coverage shall not exceed thirty (30) percent. (f) Maximum density of other permitted principal, conditional, and accessory uses and structures in the A-1 Apartment District shall not exceed a floor area ratio of .30 times the zoning lot area. That Article 6, Section 613, Minimum Lot Area, Lot Width, Yard Spacing, Recreation Space, and Maximum Density, and Lot Coverage Regulations, of the C.Z.O. is amended and reordained as follows: 3 1 7 8 0 25- Within an A-2 Apartment District, the following shall constitute the lot, yard, and open space requirements: (a) The minimum lot area for multiple family dwellings, deta6hed-and-seFn4 detaehed single family dwellings, duplexes and lodging use (as a principal use) shal7not be less than 20,000 square feet. pfev*dedT-hewever7-that be-STOGO-square-feet. No minimum lot area shall be required of any off-street parking facility located on a zoning lot other than the zoning lot on which the principal use is situated, to meet parking requirements of a permitted use; and provided further, that the minimum lot area for any use other than as hereinabove provided shall be less than 40,000 square feet, further provided that the minimum lot area for churches be three (3) acres. (b) The minimum lot width for multiple family dwellings, detaehed-and-seFR4 detaehed single family dwellings, duplexes and lodging use (as a principal use) shal7not be less than one hund@ed (100) feet. prov4ded7-heweveF, tkat-the-FR@R$fRwm-;et-w*dth-for-eaeh-seet@n-ef-seffl4-detaehed-dwe444ngs No minimum lot width shall be re- quired of any off-street parking facility, located on a zoning lot other than the zoning lot on which the principal use is situated, to meet parking requirements of a permitted use; and provided further that the minimum lot width for any use other than as hereinabove provided shall not be less than 150 feet. (c) The minimum yard requirements for multiple family dwellings, detaehed aRd-seFn*-detaehed single family dwellings, duplexes and 13dging use shall be as follows: (1) Front yards shall have a minimum depth of ten (10) feet for multiple family dwellings, detaehed-aRd-seffl4-detaEhed single family dwellin duplexes, lodginq and off-street parking facility uses an a minimum depth of fifteen (15) feet for uses other than the foregoing. Such front yards shall, except for necessary access walks and drives, be maintained in land- scaping and shall not be used for parking. (2) Side and rear yards shall have the following minimum depths: (i) Each shall be ten (10) feet in the case of multiple family, detaehed sinqle family, duplexes, and lodqing use (as a principal @se); @444 For-seFn4-deta6hed-uR@tsT-the-rear-yard-sha44-be-teR k4g4-feet-aRd-the-s4de-yard-5ha44-be-e4lht-kg4-feetT (ii) k4444 Ten (10) feet in all other cases. (d) The minimum lot area for attached dwellings shall not be less than 1400 square feet and the minimum lot width shall be fourteen (14) feet for interior and thirty (30) feet for end lots; however, the average lot size for all lots developed within a contagious parcel 3 / 17 8 0 - 26- containing attached dwellings shall average 2500 square feet per lot. The minimum front yard setback for attached dwellings shall be ten (10) feet from the front lot line for all lots fronting on minor streets and twenty (20) feet from the front lot line for all lots fronting on major streets. The minimum side yard setbacks shall be ten (10) feet for the lots at each end of each building group. The minimum rear yard setbacks shall be twenty (20) feet for each attached dwelling unit. The maximum number of attached dwellings that may be constructed in any one (1) group, without the required side yard setbacks is nine (9). (e) Maximum density rating for multiple family dwellings, detaehed-and seFR@-detaehed sin ge family dwellings, duplexes ana attached dwellings shall be eighteen @18T dwell ing units per acre. A minimum of 485 square feet of permanent recreational space shall be provided for each dwelling unit. Lot coverage for one family attached dwellings on individual lots shall not exceed forty (40) percent. For all other dwellings, the maximum lot coverage shall not exceed thirty (30) percent. (f) Maximum density of other permitted principal and accessory uses and structures in the A-2 Apartment District shall not exceed a floor ratio of 0.7 times the zoning lot area. That Article 6, Section 623, Maximum Density, Lot Coverage, Height Regulations and Required Recreation Space, of the C.Z.O. is amended and reordained as follows: Maximum density rating for multiple family dwellings, detaehed-and seFR4-detaehed sinle fam dwellings, dupl x@es and attached dwellings shall be twen y@- four T24!lydwe 11 ing units per acre. A minimum of 365 square feet of permanent recreational space shall be provided for each dwelling unit. Lot coverage for one family attached dwellings on individual lots shall not exceed forty (40) percent. For all other dwellings, the maximum lot coverage shall not exceed thirty (30) percent. No portion of any building or other structure located within an A-3 Apartment District shall exceed forty-five (45) feet in height. That Article 6, Section 633, Minimum Lot Area, Lot Width, Yard Spacing, Recreation Space, and Maximum Density, Height, and Lot Coverage Regulations, of the C.Z.O. is amended and reordained as follows: (d) Maximum density rating for multiple family dwellings, detaehed-and sem*-detaehed s!n lam i'y dwellings, duplexes and attached dwellings shall be thirty s?!e(36) dwelling units per acre. A minimum of 240 square feet of permanent recreational space shall be provided for each dwelling unit. Lot coverage shall not exceed thirty (30) percent. No portion of any building or other structure located within an A-4 Apartment District shall exceed 120 feet in height. This ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 1980. DENIED BY CITY COUNCIL ON PftARCH 17, 1980. 3 / 1 7 / 8 0 - 27- PLANNING AGENDA (ITEM II-F.2) ITEM #14881 Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland, City Council voted to APPROVE the Ordinance to amend and reordain Article 1, Section 105 of the Comprehensive Zoning Ordinance pertaining to nonconforming uses. Voting: 9-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara @l. Henley, Clarence A. Holland, Acting Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs Council Members Voting Nay: None Council Members Absent: Donald W. Merrick, and Mayor Patrick L. Standing 3 1 78 0 28- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECTION 105 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO NONCONFORMING USES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 1, Section 105, Nonconforming Uses, of the C.Z.O. is amended and reordained as follows: 105. Nonconforming Uses Intent. Within the districts established by this Ordinance or amendments that may later be adopted, there exists: lots, structures, uses of land and structures, and characteristics of use which were lawful before this Ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this Ordinance or future amendment. It is the intent of this Ordinance to permit these nonconformities to continue until they are removed. It is further the intent of this Ordinance that nonconformities shall not be en- larged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. (a) Nonconforming uses of land. (1) Enlargement or extension. No nonconforming use of land shall be enlarged, increased or extended to occupy a greater area of land than was occupied at the effective date of this Ordinance. (2) Discontinuance. No nonconforming use of land shall continue if it ceases for any reason (except where governmental action impedes access to the premises) for a period of more than two (2) consecutive years. (3) Movement. No nonconforming use of land shall be moved in whole ,or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of the provisions of this Ordinance. (4) Construction. No additional structure not conforming to the requirements of this Ordinance shall be erected in connection with such nonconforming use of land. (b) Nonconforming uses of structures. (1) Enlargement or extension. No nonconforming use of a structure may extend to any part of the structure which was not manifestly arranged or designed for such use at the time of adoption of the provisions of this Ordinance, and no such use shall be extended to occupy any land outside the structure, Mareeyer3-sa4d-stpueture a4tered except as otherwise provided in this chapter. 3 / 1 78 0 -2 9- (2) Discontinuance. No nonconforming use of a structure shall con- tinue if it is discontinued for two (2) consecutive years except when governmental action impedes access to the premises. The structure or structures and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located. (3) Any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided that City Council either by general rule or by making findings in the specific case, shall f4nd resolve that the proposed use is equally appropriate or more approoria-te to the district than the existing nonconforming use. In the resolution permitting such change, the City Council may require appropriate conditions and safeguards in accord with the provisions of this Ordinance. (c) Nonconforming structure. A nonconforming structure may be continued so long as it remains otherwise lawful, subject to the following provisions: (1) Enlargement or alteration. No nonconforming structure may be enlarged, extended, reconstructed or structurally altered in any way which increases its nonconformity, except as otherwise pro- vided in this chapter. (2) Relocation. If a nonconforming structure is moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved. (3) Damage or destruction. taic4@y-damaged-or-destF@yed-to-an-extent-of-FH@re-than-tweRty- f 4ye-@26@-pereeRt-ef -4ts -rep@aeeFnent-east- a t- the-t4nie-9f -dafnage A nonconforming structure which is involuntarily damaged or destroyed may be reconstructed to its prior condition, within two (2) years of the time of it being damaged or destroyed, otherwise it on' be reconstructed in c?n conformity with the provisions of this Ord nance (4) Any nonconforming structure may be enlarged, extended, reconstructed or structurally altered provided that City Council either by eneral rule or by making findings in the specific case, shall resolve that the proposed enlargement, extension, reconstruction or structural alteration is equally appropriate or more a te to the nonconforming s n P'ropr district than the existing tructure the resolu- tion erm conditionltting such changes, the City Council may requ and safeguards in accord with the provisions of this Ordinance. (d) Nonconforming lots. (1) Except where necessitated by government action, a lot which is non- conforming by reason by area shall not be reduced by area and a lot which is nonconforming by reason of width shall not be reduced by width. 3 / 1 7 / 8 0 30- (2) Any conforming use or conforming structure may be enlarged, ex- tended, constructed, or moved on a nonconforming lot so long as other requirements of this Ordinance are met. (3) Any provision to the contrary notwithstanding, a single-family dwelling and customary accessory buildings may be erected on any nonconforming lot located in any district in which single-family dwellings are permitted. (4) For purposes of this Ordinance, a nonconforming lot shall be defined as any lot which is nonconforming by reason of area and/or width and which was recorded prior to the effective date of the Comprehensive Zoning Ordinance. (e) Uses Under Conditional Use Provision Not Nonconforming Uses. Any use which is permitted as a conditional use in a district under the terms of this Ordinance shall not be deemed a nonconforming use in such district, but, shall without further action, be considered a conforming use. This ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th day of Pla rc h 19 80 ---Y T 3 1 78 0 - 31 - PLANNING AGENDA (ITEM II-F.3) ITEM #14882 AN ORDINANCE TO AMEND AND REORDAIN SECTION 4.5 OF THE SUBDIVISION ORDINANCE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO PUBLIC SITES AND OPEN SPACES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 4.5 of the Subdivision Ordinance of the City of Virginia Beach, Virginia, is amended as follows: 4.5 Public Sites and Open Spaces It is required that residential developers meet the following recreational open space requirements to serve the residents of their developments: (a) The developer shall reserve within his Subdivision a parcel of land for open space and recreational purposes according to the following rates: % of Total Land Required for Lot Size Open Space Less than 5,000 sq. ft. 150@ 5,000 sq. ft. -7,499 sq. ft. 1 201 7,500 sq. ft. - 9,999 sq. ft. 10% 10,000 sq. ft. -14,999 sq. ft. 8% 15,000 sq. ft. -19,999 sq. ft. 7% 20,000 sq. ft. -29 9 99 sq . ft. 6% 30,000 sq. ft. -39 9 99 sq. ft. 5% greater than 40,000 sq. ft. 3% However, in Subdivisions where the resulting area to he reserved for recreational purposes would be less than two acres, there shall be no reservation of land required. (b) As an alternative to the requirement in (a) above, if mutually agreed to by the City and the developer, the developer may elect to meet the recreational open space requirement by one of the following methods: (1) The developer may dedicate at no cost to the City a parcel of land equal in size to one-half the area derived from (a) above. (2) The developer may dedicate at no cost to the City a parcel of land lesser in size than one-half the area derived from (a) above, provided that he also installs facilities or other im- provements or an approved schedule so that the total recreational amenity provided is in the opinion of the Planning Director equivalent to that which would be provided by (a) above. (3) Any other arrangement mutually agreed to by the City and the developer, provided that the recreational amenity made available is equivalent to that which would be provided by (a) above. 3 / 17 / 8 0 32- (c) As a further alternative to the requirements in (a) and (b) above, the developer may establish a Homeowner's Association to own and maintain open space and facilities provided for in (a) and (b) above in perpetuity, provided, however, that the Homeowner's Agreement be reviewed and approved by the Planning Director and the City Attorney. It must be demonstrated that the Home- owner's Association will have the capability to adequately maintain those facilities to be owned by it. The amount of open space provided, and the nature and extent of facilities or other improvements provided must be sufficient in the opinion of the Planning Director to constitute a recreational amenity equivalent to that which would otherwise be provided by (a) above. (d) All land provided for recreation must be easily accessible from all the lots of the Subdivision and must be located on land well suited for recreational purposes. No land whose use for recreational purposes is significantly impeded by the presence of easements, soil conditions, topographic conditions, or other similar factors, shall be included as land set aside for recreation. (e) The developer must provide clearly defined street and pedestrian access to the open space areas. (f) Any reservation of land for public acquisition and use required under this provision shall be void if not executed within five years from the date of recordation of the Subdivision Agreement, provided, however, that the City Council may release such re- served land at an earlier date if it is found to be no longer necessary to the public purpose. The compensation due the developer shall be an expressed element of the Subdivision Agreement. (g) The developer shall be required to show in dotted lines on the final plat how he will develop any reserved areas in the event that the City elects not to acquire the reserved property. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of March, 1980. Upon motion by Councilman Ferrell, seconded by Councilman Holland, City Council voted to DEFER INDEFINITELY the Ordinance to amend and reordain Section 4.5 of the Subdivision Ordinance of the City of Virginia Beach, Virginia, relating to Public Sites and Open Spaces. VOTING: 9-0 3 / 1 7 / 8 0 -33- Council Members Voting Aye: (defer indefinitely) John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Acting Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs Council Members Voting Nay: None Council Members Absent: Donald W. Merrick, and Mayor Patrick L. Standing 3 1 78 0 - 34- PLANNING AGENDA (ITEM II-F.4 ITEM #14883 Attorney Grover C. Wright, Jr., appeared in behalf of the applicant. It was noted the applicant wrote a letter to the opposition indicating his plans for withdrawal. Upon motion by Councilman Ferrell, seconded by Councilman Holland, City Council voted to uphold the recommendation of the Planning Commission and permit the application of SATO CORPORATION for a Change of Zoning District Classification from R-6 Residential District to B-1 Business-Residential District to be WITHDRAWN. Ordinance upon application of Sato Corporation for a Change of Zoning District Classification from R-6 Residential District to B-1 Business-Residential District on certain property located on the South side of Providence Road Re- located, beginning at a point 510.91 feet West of Lord Dunmore Drive, running a distance of 494.08 feet along the South side of Providence Road Relocated, running a distance of 210 feet more or less along the Western pro- perty line, running a distance of 478.49 feet more or less along the Southern property line, running a distance of 110.43 feet in a Northerly direction, running a distance of 30 feet in a Westerly direction and running a distance of 50 feet in a Northerly direction. Said parcel contains 1.3 acres more or less. KEMPSVILLE BOROUGH. Voting: 9-0 Council Members Voting Aye: (to permit withdrawal) John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Acting Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs Council Members Voting Nay: None Council Members Absent: Donald W. Merrick, and Mayor Patrick L. Standing 3 1 7 8 0 35- PLANNING AGENDA (ITEM II-F.5) ITEM #14884 Attorney Thomas C. Broyles appeared in behalf of the applicant. Upon motion by Councilman Ervin, seconded by Councilman Payne, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of SIDNEY E. AND MARY L. HICKMAN for a Chanqe of Zoning District Classification from R-4 Residential District to 0-1 Office District, as per the following: ORDINANCE UPON APPLICATION OF SIDNEY E. Z0380487 AND MARY L. HICKMAN FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-4 RESIDENTIAL DISTRICT TO 0-1 OFFICE DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of Sidney F. and Mary L. Hickman for a Change of Zoning District Classification from R-4 Resi- dential District to 0-1 Office District on certain property located on the North side of tlildwood Drive beginning at a point 671.86 feet West of First Colonial Road, running a distance of 150 feet more or less along the North side of Wildwood Drive, running a distance of 120 feet along the Western property line, running a distance of 150 feet along the Northern property line and running a distance of 76 feet more or less along the Eastern property line. Said parcel contains .37 acre. LYNNHAVEN BOROUGH. Approval is subject to the following conditions 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. Right-of-way improvements will be necessary along Wildwood Drive; this includes pavement widening, curb and gutter, sidewalk, and drainage facilities. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of March, 1980. Voting: 9-0 3 1 7 8 0 - 36- Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Acting Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs Council Members Voting Nay: None Council Members Absent: Donald W. Merrick, and Mayor Patrick L. Standing 3 1 7 8 0 - 37- PLANNING AGENDA (ITEM II-F.6) ITEM #14885 Mr. Douglas Talbot appeared in behalf of the applicant, and indicated this zoning change was to "straighten out zoning lines." Upon motion by Councilman Ferrell, seconded by Councilman Ervin, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of CHARLES E. DALBY AND ASSOCIATES for a Change of Zoning District Classification, as per the following: ORDINANCE UPON APPLICATION OF CHARLES E. Z0380488 DALBY AND ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 RESIDENTIAL DISTRICT TO R-9 RESI- DENTIAL-TOWNHOUSE DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of Charles E. Dalby and Associates for a Change of Zoning District Classification from R-6 Resi- dential District to R-9 Residential-Townhouse District on certain property located 700 feet West of the intersection of Chatham Hall Drive and Lord Dunmore Drive, running a dis- tance of 430 feet along the Northern property line, running a distance of 380 feet along the Western property line, running a distance of 100 feet in an Easterly direction, running a distance of 250 feet in a Northerly direction, running a distance of 340 feet in an Easterly direction, running a distance of 40 feet in a Northerly direction. Said parcel contains 1.12 acres. KEMPSVILLE BOROUGH. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Subdivision Ordinance. 2. City water and sewer. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of March, 1980. Voting: 9-0 3 1 7 8 0 - 38- Council Members Voting AN/e: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Acting mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, 3. Curtis Payne, Roger L. Riggs Council Members Voting Nay: None Council Members Absent: Donald @4. Merrick, and Mayor Patrick L. Standing 3 17 8 0 - 39- PLANNING AGENDA (ITEM II-F.7) ITEM #14886 Attorney Grover C. Wright, Jr., appeared in behalf of the applicant. Upon motion by Councilman Ervin, seconded by Councilman Holland, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of VIRGINIA BEACH FEDERAL SAVINGS AND LOAN ASSOCIATION for a Change of Zoning District Classification, as per the following: ORDINANCE UPON APPLICATION OF VIRGINIA Z0380489 BEACH FEDERAL SAVINGS AND LOAN ASSOCIATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-4 RESIDENTIAL DISTRICT TO 0-1 OFFICE DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of Virginia Beach Federal Savings and Loan Association for a Change of Zoning District Classification from R-4 Residential Di@trict to 0-1 Office District on certain property located on the West side of First Colonial Road beginning at a point 664.19 feet @Jorth of tqolfsnare Road, running a distance of 301.70 feet along the West side of First Colonial Road, running a distance of 547.29 feet along the Northern property line, running a distance of 294 feet along the Ilestern property line and running a distance of 525.32 feet along the Southern property line. Said parcel contains 3.6 acres. LYNNHAVEN BOPOIJ(,H. Approval is subiect to the following conditions 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. A 100-foot buffer along the Western property line, where existing trees are to be maintained. The dedication of a 30-foot drainage easement along the Western property line. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of March, 1980. 3 / 1 78 0 -40- Voti ng: 9-0 Council Ilembers Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara !I. Henley, Clarence A. Holland, Acting Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs Council Members Voting Nay: None Council Members Absent: Donald W. t@errick, and Ilayor Patrick, L. Standing 3 17 8 0 -41- PLANNING AGENDA (ITEM II-F.8) ITEM #14887 Attorney Grover C. Wright, Jr., appeared in behalf of the applicant. Upon motion by Councilman Holland, seconded by Councilman Baum, City Council voted to uphold and reaffirm the action taken on November 19, 1979, in the application of DEFORD, LIMITED, for a Change of Zoning District Classification; subject to the inclusion of the following condition: APPLICANT PARTICIPATES IN THE COST OF CONSTRUCTION OF THE NE@ITOWN ROAD, PHASE II PROJECT, IN ACCORDANCE WITH THE CITY'S MAJOR RIGHT-OF-WAY IMPROVE- MENT POLICY. ORDINANCE UPON APPLICATION OF DEFORD, Z0380490 LIMITED, FOR A CHANGE OF ZONINR, DISTRICT CLASSIFICATION FROM R-5 RESIDENTIAL DISTRICT TO R-8 RESI- DENTIAL DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of DeFord, Limited, for a Change of Zoning District Classification from P,-S Residential District to R-8 Residential District on certain property located 1870 feet North of Newtown Road beginning at a point 750 feet more or less West of the Northern extremity of Broad Meadows Boulevard, running a distance of 1494.36 feet along the Southern property line, running a distance of 2710.61 feet along the Eastern property line, running a distance of 567 feet along the Northern property line and running a distance of 3297 feet along the Western property line. Said parcel contains 74.62 acres. BAYSIDE BOROIJGH. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Subdivision Ordinance. 2. City water and sewer. A pump station is necessary since there is no capacity in the Broad Meadows Pump Station. 3. The necessary downstream drainage improvements and easements are required. 3 1 7 8 0 -42- 4. The assumption of the costs associated with the installation of traffic signals at their entrances onto Newtown Road. 5. A variable right-of-way dedication along Newtown Road Extended. 6. PARTICIPATION IN THE COST OF CONSTRIJCTION OF THE NEWTOWN ROAD, PHASE II PROJECT, IN ACCORDANCE WITH THE CITY'S MAJOR RIGHT-OF-WAY IMPROVEMENT POLICY. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of March, 1980. Voting: 9-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Acting Mayor J. Henry McCoy, ,lr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs Council Members Voting Nay: None Council Members Absent: Donald W. Merrick, and Mayor Patrick L. Standing 3 17 8 0 -43- PLANNING AGENDA (ITEM II-F.9) ITEM #14888 Attorney Wayne Lustig appeared in behalf of the applicant. Mr. Robert J. Smith, President of the Chesapeake Beach Civic League, appeared in opposition. Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the Planning Commission and DENY the application of SEAWALL ENTERPRISES, INC., for a Conditional Use Permit, as per the following: Ordinance upon application of Seawall Enterprises, Inc., for a Conditional Use Permit for dune disturbing activitv (bulkhead) on certain property located at the Northwest intersection of Northampton Boulevard and Ocean View Avenue, running a distance of 120 feet more or less along the North side of Ocean View Avenue, running a distance of 42 feet more or less along the Western property line, running a distance of 87 feet more or less along the Northern property line and running a distance of 42 feet along the West side of Northampton Boulevard. Parcel contains .09 acre. BAYSIDE BOROUGH. Voting: 9-0 Council Members Voting Aye: (for denial) John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Acting Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs Council Members Voting Nay: None Council Members Absent: Donald W. Merrick, and Mayor Patrick L. Standing 3 1 78 0 - 44- PLANNING AGENDA (ITEM II-F.10) ITEM #14889 Attorney Grover C. Wright, Jr., appeared in behalf of the applicant. Upon motion by Councilman Riggs, seconded by Councilman Holland, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of DAVID K. HILLQLIIST for a Conditional Use Permit, as per the following: ORDINANCE UPON APPLICATION OF DAVID K. R0380306 HILLQUIST FOR A CONDITIONAL USE PERMIT FOR RECREATIONAL FACILITIES OF AN OUT- DOOR NATURE (BUMPER BOATS) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of David K. Hillquist for a Con- ditional Use Permit for recreational facilities of an out- door nature (bumper boats) on certain property located at the Southwest corner of 5th Street and Atlantic Avenue, running a distance of 145 feet along the West side of Atlantic Avenue, running a distance of 142.3 feet along the Southern property line, running a distance of 145 feet along the Western property line and running a dis- tance of 150 feet along the South side of 5th Street. Said parcel contains .495 acre. VIRGINIA REACH BOROUGH. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Approval is limited to five (5) years. 2. Standard improvements as required by the Site Plan Ordinance. 3. Public restroom facilities are required. If these facilities are permanent in nature, City water is required. 4. Right-of-way improvements will be necessary along Atlantic Avenue; this includes pavement widening, curb and gutter, sidewalk, and drainage facilities. 5. Ten-foot no parking or building setbacks from all City streets. (a variance was granted on 6 February 1980, by the Board of Zoning Appeals). 3 1 7 8 0 -45- 6. This operation is not to exceed 29 boats., 7. The provision of 27 parking spaces as shown on the site plan submitted in conjunction with this application. 8. Operation of this use is limited to 10:30 p.m. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of March, 1980. Voting: 9-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.. Henley, Clarence A. Holland, Acting Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs Council Members Voting Nay: None Council Members Absent: Donald W. Merrick, and Mayor Patrick L. Standing 3 17 8 0 46- ORDINANCES-SECOND READING (ITEM II-C..l.a.1) ITEM #14890 ORDINANCE TO APPROPRIATE FUNDS FOR THE COMMUNITY MENTAL HEALTH REHABILITATION UNIT IN THE AMOUNT OF $29,740 WHEREAS, the Department of Mental Health and Mental Retardation has identified a need to increase the level of programming for the Community Mental Health Rehabilitation Unit; and, WHEREAS, this increased level of programming will provide the more severely impaired mental health clients the maximum opportunity for recovery, growth and productivity; and, WHEREAS, the State Department of Mental Health and Mental Retardation will provide funds in the amount of $29,740 for this purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Manager is hereby authorized to accept the Grant for the City and also the funds, in the amount of $29,740, for the Community Mental Health Rehabilitation Unit. BE IT FURTHER ORDAINED that the appropriations be financed by $29,740 Estimated Revenue from the State Department of Mental Health and Mental Retardation. FIRST READING: March 10, 1980 SECOND READING: March 17, 1980 Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of March, 1980. Upon motion by Councilman Holland, seconded by Councilman Ferrell, City Council voted to APPROVE ON SECOND READING the Ordinance to appropriate funds for the Community Mental Health Rehabilitation [)nit, in the amount of $29,740. 3 / 1 78 0 - 47- Voti ng: 9- 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Acting Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs Council Members Voting Nay: None Council Members Absent: Donald W. Merrick, and Mayor Patrick L. Standing 3 17 8 0 -48- ORDINANCES-FIRST READING (ITEM II-G.l.b.1) ITEM #14891 ORDINANCE AUTHORIZING THE ISSUANCE OF $9,100,000 WATER AND SEWER REVENUE BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, the City of Virginia Beach has undertaken a $49,000,000 Capital Improvement Program for water and sewer for the five-year period ending June 30, 1981; and, WHEREAS, the City Manager has advised the City Council that additional funds for the Capital Improvement Program are necessary to continue water and sewer construction and recommends that in view of current restrictions in the City Charter on incurring General Obligation Debt that the City issue $9,100,000 Water and Sewer Revenue Bonds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. It is hereby determined to be necessary and expedient for the City of Virginia Beach to continue the program of extensive improvements to its water and sewer system which will promote the health and general welfare of its inhabitants and will facilitate continued growth and orderly development of the City to finance a portion of the cost of such water and sewer improvements through the borrowing of @9,100,000 and issuing the City's Revenue Bonds therefor. 2. Pursuant to the authority of the Charter of the City of Virginia Beach (Chapter 147, Acts of Assembly, 1962, as amended) and the Public Finance Act, as amended, there are hereby authorized to be issued $9,100,000 water and sewer Revenue Bonds of the City of Virginia Beach to provide funds, together with other funds that may be available, for constructing improvements and extensions to the water and sewer facilities of the City. 3. The Bonds shall bear such date or dates, mature at such time or times not exceeding forty years from their date, bear interest at such 3 / 1 78 0 -49- rate or rates not exceeding the maximum rate permitted by law at the time the Bonds are sold, be in such denominations and form, be executed in such manner and be sold at such time or times and in such manner as the Council shall here- after provide by appropriate Resolution or Resolutions. 4. The Bonds shall be Limited Obligations of the City payable solely from the revenues to be derived from the water and sewer system of the City. The Bonds shall state that they shall not be deemed to create or constitute an indebtedness of or a pledge of the full faith and credit of the City, the Commonwealth of Virginia or any other political subdivision of the Commonwealth of Virginia. The issuance of the Bonds and the undertaking of covenants, con- ditions and agreements to be contained in the Resolution or Resolutions to be adopted hereafter shall not directly, indirectly or contingently, obligate the City, the Commonwealth of Virginia or any other political subdivision of the Commonwealth of Virginia to levy and collect any taxes whatsoever therefor or to make any appropriation therefor except from the revenues of the water and sewer system pledged to payment of principal of and interest on the Bonds. 5. The Resolution to be adopted hereafter authorizing the issuance and sale of the Bonds and providing the form and details thereof shall contain appropriate covenants requiring the City to fix, charge and collect such rates, fees and other charges for the use of and for the services furnished by its water and sewer system and to revise the same from time to time and as often as shall be necessary so as to produce sufficient net revenues to pay the principal of and interest on the Bonds as the same become due and any other Bonds or Notes heretofore or hereafter issued on account of the City's water and sewer system and secured by a pledge of water or sewer revenues and to provide certain reserves therefor. Such Resolution shall also include such additional covenants, agreements and other terms as are customary for the protection of the holders of t4ater and Sewer Revenue Bonds. 6. This Ordinance shall take effect immediately. FIRST READING: March 17, 1980 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1980. 3 / 17 8 0 50- Mrs. Reba McClanan appeared in opposition to the above Ordinance. Upon motion by Councilman Holland, seconded by Councilman Riggs, City Council voted to APPROVE ON FIRST READING the Ordinance authorizing the issuance of $9,100,000 Water and Sewer Revenue Bonds of the City of Virginia Beach, Virginia. Voting: 9-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Acting Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs Council Members Voting Nay: None Council Members Absent: Donald W. Merrick, and Mayor Patrick L. Standing 3 1 7 a 0 - 51 - ORDINANCE-FIRST READING (ITEM II-G.l.b.2) ITEM #14892 AN ORDINANCE TO ACCEPT A GRANT TOTALING $35,012 FROM.THE DIVISION OF JUSTICE AND CRIME PREVENTION AND TO APPROPRIATE THESE FUNDS WHEREAS, the City of Virginia Beach wishes to continue a program to assist victims and witnesses in understanding the operations and procedures of the Criminal Justice System; and, WHEREAS, the Division of Justice and Crime Prevention (DJCP) has approved necessary funding to accomplish the objective stated above. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to accept the Grant for the City, and funds are hereby appropriated for the following prupose: Estimated Revenue Local Total From Other Agencies Match 'Appropriations Victim/Witness Program $33,261 $1,751 $35,012 BE IT FURTHER ORDAINED that the appropriations will be financed by $33,261 Estimated Revenue from the DJCP and a local cash match of $1,751 from the City's Unappropriated Fund Balance; and, BE IT FURTHER ORDAINED that two personnel positions are hereby authorized for the duration of the Grant, to be paid from the Grant, with the classes of employees to be determined by the City Manager. FIRST READING: March 17, 1980 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1980. 3/17/80 52- Upon motion by Councilman Ervin, seconded by Councilwoman Oberndorf, City Council voted to APPROVE ON FIRST READING the Ordinance to accept a Grant totaling $35,012 from the Division of Justice and Crime Prevention and to appropriate these funds. Voting: 9-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Acting Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs Council Members Voting Nay: None Council Members Absent: Donald W. Merrick, and Mayor Patrick L. Standing 3 1 7 8 0 53- ORDINANCES-FIRST READING (ITEM II-G.l.b.3) ITEM #14893 AN ORDINANCE TO APPROPRIATE FUNDS OF $47,988 TOWARDS THE REPLACEMENT OF A COMPACTOR AT LANDFILL II WHEREAS, an accidental fire completely destroyed a compactor at Landfill II; and, WHEREAS, this piece of equipment was vital to the operation of refuse disposal; and, WHEREAS, the City in compensation will receive $102,050 under an insurance policy written by Home Insurance Company; and, WHEREAS, the low bid received for a new compactor is $162,973; and, WHEREAS, with available funds of $12,935 in the Bureau of Refuse Disposal the total amount of additional funding necessary to purchase a new compactor is $47,988. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds of $47,988 be appro.oriated from the General Fund Balance to the Department of Public Works-Bureau of Refuse Disposal to provide the additional funding needed for the purchase of a compactor. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1980. FIRST READING: March 17, 1980 SECOND READING: Upon motion by Councilman Holland, seconded by Councilman Ferrell, City Council voted to APPROVE ON FIRST READING the Ordinance to appropriate funds of $47,988 towards the replacement of a compactor at Landfill II. Voting: 9-0 3 / 17 8 0 - 54- Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Acting Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs Council Members Voting Nay: None Council Members Absent: Donald W. Merrick, and Mayor Patrick L. Standing 3 17 8 0 - 55- OLD BUSINESS (ITEM II-H.1) ITEM #14894 Upon motion by Councilman Ferrell, seconded by Councilwoman Henley, City Council voted to APPROVE the By-Laws of the Citizens Advisory Committee on Housing and Community Development. Voting: 9-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Acting Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs Council Members Voting Nay: None Council Members Absent: Donald W. Merrick, and Mayor Patrick L. Standing 3 1 7 8 0 - 56- APPOINTMENTS (ITEM II-H.2) ITEM #14895 DEFERRED consideration of-appointments to Boards and Commissions until 7 April 1980, INFORMAL BRIEFING SESSION, for discussion; and, 14 April 1980, FORMAL SESSION, for vote. UNFINIStiED BUSINESS (ITEM II-I.1) ITEM #14896 The City Clerk read the following letter from the City Manager: "As Council requested, attached is a list provided by officials of the Finance Department of the 45 change orders to the Arts and Conference Center through 1 March 1980, as well as 16 change orders to the Operations Building. The total change order for the Arts and Conference Center have resulted in a decrease of $48,655.64 from the original contract, whereas changes to the Operations Building have increased the original contract $80,702.32. I believe it is anticipated in any major structure that there will be considerable change orders after the letting of the original contract. With any project, contingencies have always been budgeted for this purpose. For instance, the most recent CIP identified $500,000 as the total contingencies for the Arts and Conference Center and $205,000 for contingencies for the Operations Building. As previously discussed, the original conception to allow easy flow of work and employee/public access between the City Hall Building and the Operations Building was by means of a tunnel. Although there were two series of steps considered to go over the tunnel to improve public access from parking facilities to the Municipal and Circuit Court area, only one set was bid. The second set was delayed to determine if there was sufficient funds in the Operations Building's contingencies after the project had been let to allow for their reinstatement. Since the opening of the Operations Building, many requests for increased access to the Municipal and Court area from the parking area have been received. As a response to these requests, and due to the fact that construction costs for the Operations Building were coming in under estimates, I authorized the second set of steps to be built. Change order 15 of the Operations Building includes $31,500 for this second set of steps. When the $4.4 Million price tag for the project was considered, the cost of the second set of steps is not unreasonable. Nor should they be viewed as a luxury. The permanency of this structure, hundreds of years of anticipated use, and the 3 / 17 8 0 - 57- pedestrian traffic would justify the cost. If'City Council decides not to proceed with the installation of the steps, $11,129 would be "lost" in the form of required payments to the contractor, purchase of the steps, etc. We would also have to store the steps until we could determine an alternate use for them. It is, therefore, recommended that City Council agree to lift the stop work order and permit construction of the steps as originally planned." !Jpon motion by Councilwoman Oberndorf, seconded b@/ Councilman Riggs, City Council voted to DELETE the second set of steps allowing public access across the tunnel joining the Administration and Operations Building and to properly store the already purchased set of steps. Voting: 7-2 Council Members Voting Aye: (to delete steps) F. Reid Ervin, Barbara M. Henley, Clarence A. Holland, Acting Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, and Roger L. Riggs Council Members Voting Nay: John A. Baum, and George R. Ferrell Council Members Absent: Donald W. Merrick, and Mayor Patrick L. Standing 3 17 8 0 -58- CITY OF Vllt(',INIA BL,ACH, VII@('INIA CliANCE-ORI)EIZS FOR CONSTRUC'F]ON' OF ARTS AND CONFFI@EN(,]" CF,@i'FER (PPOJL@'f #3-302) AS OF ILM"Cli 11 , 1980 Change-Order Contract Amount Amount Original Contract Amount (Contractor: Basic Construction Company) $16,063,400.00 Change-Order Description 1 List of unit prices $ - 2 Construction of pedestals 3,000.00 3 Substitution of polyethelene vapor barrier in lieu of waterproofing paper (2,929.00) 4 Addition of concrete sound deadening and insulation to ceiling of theater 13,243.00 5 Revision in sinking drive tube into ground (4,000.00) 6 Addition of steel angle supports 810.00 7 Deletion of allowance for kitchen and concessions equipment (185,400.00) 8 Deletion of 1/4" bent plate (3,983.00) 9 Addition of sections of liziiidrails 2,244.08 10 Installation of a job identification sign 2,164.00 11 Revision of reveal depth from 3" to 12" 3,035.05 12 Addition of costs for selection of face brick 3,591.98 13 Addition of safety device to ladder at roof hatch 447.80 14 Addition of resin terrazzo flooring 6,065.82 15 Deletion of drapery track from Rehearsal Hall (229.00) 16 Addition of floor drains in two rooms 1,677.57 17 Change of stage floor material 14,643.45 18 Revision in trench covers (2,139.11) 19 Extension of elevator service to mechanical level 11,107.74 20 Reduction of stiffner plates in trusses A and B (1,947.00) 21 Revision to foundation pile caps 1,016.91 22 Substitution of baked enamel finish in lieu of porcelain enamel finish for metal toilet partitions (9,783.00) 23 Addition of truss stiffners and bent plate 90,000.00 24 Revision of face brick (270.40) 25 Revision of mortar color for face brick 3,621.00 26 Revision of folding partitions and track location 124.406.00 27 Instillation of conduits for electronic sign 10,122.00 28 Revision in icotistical work in arch ceiling areas 4,301.00 (1) 59- CITY OF Vll,(;TNIA B17.A(-[I, CIIANGE-Oill)i@'ll'Ic, FOR CO@@"3'1'tt!C'rTON OF ARTS AND CONrl@:l@F@,CE CF.@l'Ff--,R (111',OJI,-,C'F #3--302) AS OF @IARCii 11, 1980 Change-Order Contract Amount Amount Change-Order Description 29 Revision of sprinkler head location requirements 2,170.00 30 Addition of bent plate to curtain wall trusses 22,575.00 31 Deletion of allowance for south canopy (309,325.00) 32 Revision of vinyl wall covering 365.90 33 Addition of hydraulic stage lift at Orchestra Pit 103,576.77 34 Revision of VEPCO transformer pad enclosure 287.26 35 Revision of finish on masonry walls from paint to vinyl wall coverings 23,703.25 36 Addition of walkway treads to roof area 3,413.90 37 Installation of exit device locks in lieu of specified locks 909.06 38 Furnishing platform and jack assembly at stage lift 1,583.37 39 Replacement of stud wall with masonry 1,385.55 40 Fireproofing of exterior columns in courtyard 2,734.00 41 Revision of tape in the joints of the back-up board 849.43 42 Revision of storm drainage piping in valleys at South end 1,725.30 43 Installation of concrete formwork 3,341.15 44 Installation of an electric water cooler in the Galleria 2,280.55 45 Revision of valve box covers in the exhibition area 4,951.98 Total Change-Orders #1-45 (48,655.64) Revised Contract Amount as of 3/11/80. $16,014,744.36 (2) - 60- CITY OF Vll"(;INIA Vli',GINI,% (@IIA,N'(',F-01,1)1"1@S FOR OF OPFI@TIOTTS )@LlILt)TNG (1'1\0,1!:CT #3-606) AS OF @IARCli 11 , 1 980 Change-Order Contract Aniount Amount Original Contract Amount (Contractor: W. M. Jordan Company, Inc.) $3,417,000.00 Change-Order Description 1 Revision of office spaces and electric door system $ 3,352.06 2 Revisions to foundation 5,036.00 3 Revision of office and floor spaces 730.39 4 Revisions of floor space 1,027.45 5 Changes in millwork 3,102.36 6 Revisions to third floor - electrical, painting, hardware 2,353.61 7 Revisions to third floor - carpet 1,686.50 8 Installation of weatherstripping and sash locks 5,755.17 9 Changes in electrical plans 4,886.71 10 Installation of partitions, doors, and hardware 2,978.56 11 Addition of partitions and electrical work 6,223.91 12 Addition of wallcoveriiigs 2,555.55 13 Installation of magnctir door holder, valves, and additional stone base 5,470.42 14 Installation of adjustable stained shelving, 2,841.00 15 Construction of tunnel cross-over 31,500.00 16 Construction of additional paving for parking lot 1,202.65 Total Change-Orders #1-16 80,702.34 Revised Contract Amount as of 3/11/80. $3,497,702.34 - 61 - OLD BUSINESS (ITEM II-H.3) ITEM #14897 Councilwoman Henle@t discussed with Council the question of reconsideration of Planning items, etc., as she has a great deal of difficulty with this matter, as Council has not studied the legal ramifications. City Attorney Bimson indicated his staff has researched the matter and is considering recommending to Council that certain Ordinances, such as Zoning Ordinances, not he effective until thirty (30) days after adoption by Council, which would give Council time to reconsider the application if it so desired; however, if the applicant indicates it is a "hardship" case Council has the option of deleting the thirty (30) days provision and making the Ordinance effective immediately. OLD BUSINESS (ITEM II-H.4) ITEM #14898 Upon motion by Councilman Baum, seconded by Councilman Holland, City Council voted to RECONSIDER the Subdivision Variance request of C. M. Beasley, which was denied by City Council on 10 March 1980. Voting: 7-2 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, Acting Mayor J. Henry McCoy, Jr,, J. Curtis Payne, Roger L. Riggs Council Members Voting Nay: Barbara M. Henley, and Meyera E. Oberndorf Council Members Absent: Donald W. Merrick, and Mayor Patrick L. Standing 3 17 /8 0 -62- NEW BUSINESS (ITEM II-I.1) ITEM #14899 Upon motion by Councilman Ervin, seconded by Acting Mayor McCoy, City Council voted to place a Member of Council on the Advertising Selection Committee, as a voting member. Voting: 7-2 Council Members Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara Y. Henley, Acting Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, Curtis Payne, Roger L. Riggs Council Members Voting Nay: John A. Baum, and Clarence A. Holland Council Members Absent: Donald W. Merrick, and Mayor Patrick L. Standing BOARDS AND COMMISSIONS ITEM #14900 Councilwoman Oberndorf requested City Attorney Bimson or his staff to work with Members of the Boards and Commissions regarding the Freedom of Information Act. 3/17 /80 - 63- ADJOURNMENT (ITEM II-K) ITEM #14901 Upon motion by Councilman Payne, seconded by Vice Mayor McCoy, and by ACCLAMATION, City Council adjourned at 4:25 p.m. Diane M. Hickman, Deputy City Clerk Ruth Hodges Sm*th, City Clerk Acting Mayor J. Henry McCoy, Jr. City of Virginia Beach, Virginia 17 March 1980 h 3 / 1 7 /8 0