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Home My WebLink AboutOCTOBER 27, 1992 MINUTES "WORLD'S LARGEST RESORT CITY" (:l I Y COUNC@IL JR CITY COUNCIL AGENDA OCTOBER 27,1992 1. CITY MANAGER'S BRIEFING - Council Chamber - 4:30 PM A. OPERATING BUDGET: Five Year Forecast E. Dean Block, Director, Management and Budget ii. INFORMAL SESSION - Council Chamber - 5:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION Ill. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Warren Withrow Chaplain (Major, USA) Fort Story C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1 . PUBLIC HEARING - October 8, 1992 2. INFORMAL & FORMAL SESSIONS - October 13, 1992 G. PRESENTAIION 1. MAYOR'S TROPHY NORFOLK BOWLING ASSOCIATION Gene Luke, Past President and Life Member H. CONFIRMATION OF APPOINTMENTS ASSISTANT CITY ATTORNEYS 1. CONSENT AGENDA All mafters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1 . Resolution applauding the efforts of Tidewater Builders Association and the developers of the Church Point Subdivision re organization and promotion of Homearama 1992. 2. Resolution establishing a Community Management and Policy Team re implementation of the Virginia Comprehensive Services Act for At-Risk Youth and Families. 3. Ordinance to AMEND and REORDAIN Section 1-8 of the Code of the City of Virginia Beach, Virginia, re distribution and sale of bound volumes of, and supplements to, the City Code. 4. Ordinance to ACCEPT and APPROPRIATE a $8,000 grant from the Virginia Institute of Developmental Disabilities at Virginia Commonwealth University to the FY 1992-1993 Operating Budget of the Department of Mental Health, Mental Retardation and Substance Abuse re development of respite services to mentally retarded/developmentally disabled children; and, this appropriation be offset by an $8,000 increase in estimated revenue. 5. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY: ROYAL LIMOUSINE 6. Ordinance authorizing License Refunds in the amount of $3,668.50. J. RESOLUTION/ORDINANCES 1 Resolution authorizing the City Manager to implement the reoommendations of the Construction Contract Process Review Team for a period of one (1) year; and, directing the City Manager report to Council prior to October 31, 1993, outlining the benefits derived from implementation of the new review process and suggesting any changes or modification. 2. Ordinances re loan to the Development Authority; and, directing City Staff prepare all necessary loan documents and an appropriation Ordinance: a. Alternative No. 1 $ 2.2 Million b. Alternative No. 2 $ 3.7 Million C. Alternative No. 3 $11.3 Million d. Alternative No. 4 $ 6.0 Million K. PUBUC HEARING 1. PLANNING a. Petition of LAVIYERS TITLE INSURANCE CORPORATION for the discontinuance, closure and abandonment of a portion of Jade Street beginning at the Northern boundary of Page Avenue and running in a Northerly direction a distance of 595 feet, being 60 feet in width and containing 35,700 square feet (LYNNHAVEN BOROUGH). Recommendation: WITHDRAWAL b. Application of JUDEO-CHRISTIAN OUTREACH SHELTER, INC. for a Conditional Use Permit for a aroup home on the South side of Virginia Beach Boulevard, 540 feet East of North Birdneck Road (1049 and 1053 Virginia Beach Boulevard), containing 41,382 square feet (LYNNHAVEN BOROUGH). Deferred: October 13, 1992 Recommendation: APPROVAL C. Application of AGAPAE WORLD OUTREACH CENTER for a Conditional Use Permit for a church and related activities in Units 102, 104, 105, 106, 107 and 108, Princess Anne Shoppes (4402 Princess Anne Road), containing 1.9176 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL d. Application of MIRACLES AMUSEMENT CORPORATION for a Conditional Use Permit for a recreational and amusement faciliiy of an outdoor nature (children's rides) on the South side of 12th Street, 75 feet East of Pacific Avenue, containing 19,375 square feet (VIRGINIA BEACH BOROUGH). Recommendation: DENIAL e. Application of SECOND CHANCE MINISTRY, INC. for a Conditional Use Permit for a aroup home on the East side of Princess Anne Road, 518.6 feet South of Morris Neck Road (584 Princess Anne Road), containing 39,680 square feet (PUNGO BOROUGH). Recommendation: DENIAL f. Application of WILLIAMS HOLDING CORPORATION and JOSEPH E. and JACK P. BURROUGHS for a Conditional Use @ for sinale family homea in the AG-1 and AG-2 6aricultural Digtricts on the Southwest side of Seaboard Road, 3500 feet more or less Northwest of Princess Anne Road, containing 264.62 acres (PRINCESS ANNE BOROUGH). Deferred: June 23, 1992, and September 22, 1992 Recommendation: DENIAL 9. AMEND the City's Comprehensive Plan to revise land use policies and recommendations affecting those parcels adjacent to and in the general vicinity of General Booth Boulevard from Oceana Boulevard to Princess Anne Road. Deferred: July 14, 1992 Recommendation; APPROVAL h. AMEND the Chesapeake Bay Preservation Area Ordinance (Appendix F) re Resource Management Area Designation, nontidal wetlands definition, erosion and sediment control for nonconforming structures and uses, swimming pool exemptions, definition of redevelopment, water dependent facilities, default load for stormwater management, intensely developed areas and definition of public roads. Recommendation: APPROVAL L. UNFINISHED BUSINESS M. NEW BUSINESS 1. COUNCIL-SPONSORED ITEM: a. Resolution directing the City Manager study the financial impact of providing additional tax relief to elderly and disabled Individuals by increasing the income and financial worth limitations under Section 35-64 of the Code of the City of Virginia Beach, Virginia; and, imposing a lower personal property tax rate on a motor vehicle owned by qualified elderly or disabled individuals as authorized and allowed by State law. (Sponsored by Councilman Paul J. Lanteigne) N. ADJOURNMENT - CITY COUNCIL PUBUC HEARING NOVEMBER 24,1992 Formal Session 2:00 PM (Capital Improvement Program) If you are physically disabled, hearing or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM 10/22/92mim AGENDA\10-27-92.PLN RU@H HODGES SM TH CMCI@E 281 C TY HALL BUILDING Cl@ CLERK MUNIC PAL CENTER V RGIN A BEACH V RG NIA 23456 9005 27 Octobet 1992 HONORABLE MAVOR MEMBERS OF CITV COUNCIL Thi,6 i,6 to "c@n youa ptea,6u)Le 6ot Scheduting the Decembe)L City Counca Smsion,6. The Ptanning Com@.6ion witt meet ThuAzday, Novembet 12 zince the EZeventh '" a hoziday. Adv@ing 4o)L the Decembe)L City Councit must be e-6tab@hed. Pe)Lhap,s you woutd tike to schedute the meeting @,xom the Foulith Tue6day to the Thitd Tu@day, Decembe)L 15. Thi6 woutd ,sti,Pt o44eA the t@ee meeting-6 and give att o6 Councit time to cetebAate theiil hotiday,6. Ptea6e advi-6e. Re,6pectiutty, R H dge, Smith, CMCIAAE City CteAk FVI: Thi6 matte,% @ be on the Coun@ Agenda NovembeA 3, 1992. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 27, 1992 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING to the YIRGINL4 BF,4CH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, October 27, 1992, at 4.-30 P.M. Council Members Present: John A. Baum, Linwood 0. Branch, Ill, James W. Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None - 2 - CITY MANAGE R'SBRIE FIN G OPERATING BUDGET. Five Year Forecast 4:30 P.M. ITEM # 36143 E. Dean Block, Director - Management and Budget, distributed a copy of the FY 1993 through EY 1998 Five Year Forecast entitled: "New Challenges, New Opportunities, New Directions." 7his is the fourth year the City has provided the Council with a five-year forecast of revenues and expenditures. 7he first section of the report attempts to demonstrate how the City has improved the efficiency of operations in the past. 77ie indicators chosen to do this will be refined as the City continues to look at its operations. However, these indicators display a substantial reduction in the level of resources being used to provide each unit of service to the residents of this community over the past few years. 77te second section of the report deals with the actual forecast and what it means to the community. Local economists are predicting a very slow improvement over the forecast period. Based upon revenue forecasts, which include projected school costs as provided by the school system, an overall deficit in each of the five-forecast budget years is projected. nis, of course, hinges on the cuts the military imposes on the Hampton Roads area. In past military cut backs, the Hampton Roads area has been relatively insulated. 7he Hampton Roads Planning District Coinmission recently released a report outlining their thoughts on the impact of the military and potentid military reductions on the Hampton Roads region. Discussions with them have indicated that predicted job growth in other sectors over the next five years should offset military job reductions. 77ie HRPDC anticipates some realjob growth in the Hampton Roads economy over the next five years. Me final section of the report is completely new this year. A rather lengthy list of Potential options for dealing with the anticipated deficit has been identified. 7-he list is comprised of options for revenue enhancement, service reduction and cost reduction. During the last four years the City has experienced for the first time in its history, a slow down in growth of revenues. Because of actual declines in some revenue streams over the past two years, total growth for the City has beenflat. Vzrginia Beach has traditionally provided a high level of both basic government services (ie. police, fire, infrastructure, maititenance and trash collection) as well as a wide variety of quafity specialized government services (recreation centers, Marine Science Museum libraries and beach management). 77te demand for government services has generally risen at a rate greater than population growth since the early 1980@, a trend which is expected to continue. In the past four years, the City, to a large extent, has addressed the increase in demand for services through streamlining operations and some painful belt-tightening. Trying to protect all services during this recession, while responding to a growing demand for service, has inspired staff to be creative in utilizing all available resources. Agencies have prevented the normal incremental growth in the cost of providing government services by 9% over the last 4 years, while not significantly impacting the public in most cases. In some cases, demand for one service dropped off and resources were shifted harder (overtime and less planning time). Moreover, resources were subject to higher priorities and other services reduced. To illustrate the City's efforts to meet the need for services while holding costs, a discussion of five different indicators which illustrate the City's past success has been provided. 7here are five basic ways in which the Staff has identified the City's cost reductionlproductivity improvement efforts over the past several years. A cost per unit of dentand for each of the City's services included in the "Denwnd for Services Index" was computed. 7he second way to illustrate the City @ comprehensive effort to control costs and improve productivity, is to compare the actual operating budgets of City programs to a hypothetical budget - the "normal increment,al growth " budger To compute this "nornial iticreniental growth " budget, the Staff started with a specific point in time, in this case FY 1990, and increased that year's approved City operation's budget by the combined annual growth rate of inflation and population. 7his establishes the level of funding the City would have experienced had appropriations increased at the combined rate of inflation and population. 7hese two indicators, inflation plus population, are widely used as measures of "normal" growth. October 27, 1992 - 4 - CITY MANAGER'S BRIEFING OPERATING BUDGET. Five Year Forecast ITEM# 36143 (Continued) 7he fourth method to highlight productivitylcost and service impacts can be illustrated reviewing the iinpad on the residents paying for government services. 7hese are services such as police, fire, soud waste collection, park maintenance, road construction, education and libraries which are directly supported by local taxes. "Comparison of Annual Tax Impact for Virginia Beach, Chesapeake, and NorfoLk" are contained within the report. infornwtion regarding the status of the City of Norfolk's school population will be provided. 7he final method that illustrates llirginia Beach's eff-iciency in delivering services while maintaining a low impact on our residents, is the ratio of employees per 10,000 population. According to a 1990 Census report, the City's employees to population ratio ranked as the second lowest of the nine compared Virginia cities. In the same report, the School system ranked as the third highest. 77te five year forecast illustrates, based on best current information, the anticipated revenues from taxes, fees, the state and the federal government. It is divided into a base scenario and an add on scenario for employee salary adjustments. Both scenarios contain no tax or fee increases fiom the current approved leveL 7he forecast for City operations provides for a level of resources which allows for inflation, no increase in personnel and no recognition of population growth or service demand increases. For this year's forecast, the City operations number has been separated into its component parts of personnel costs, operating costs and capital outlay and the funding required to support the opening of facilities which were not included in the FY 1992-93 Operating Budget. To compute the figures for City operations the FY 1992-93 approved Operating Budget was utilized as the starting point. For the FY 1993-94 personnel costs, $3.4-MILLION was added (the annualized amount for the 2.5% general increase which will be awarded January 1, 1993, and the annualized amount for the increase to health insurance ($30 per month with the change approved by City Council in October 1992). For each year thereafter, there are no additional merit or general increases; however, the Staff has assumed that personnel costs would increase at approximately three tenths of one percent due to promotions and reclassification. 7he other two accounts, operating and capital outlay, would increase annually by the rate of inflation. 7his is the first year the School System has provided an official five year forecast of their operational needs. 77tey have aysumed a growth in student population of approximately 2.5% and address this increase by adding approximately 100 teaching positions each year. Consequently, projected annual increases in operating costs range from a low of 5.4% to a high of 8.8%. The capital outlay cost increases are projected by School staff using a range of 5.6% to 8.8cl.. Funding availability for the next several years is going to be constrained unless the economy significantly turns around. 77ze City Staff has prepared a "shopping list" of options, some short ter@ some long term. As suck it does not constitute a particular strategy, but certainly contains the seeds or components of several potential overall approaches. Aese Options are delineated on pages 19 through 27 of the report. 7he City is in many ways already a "low cost producer" of municipal services. October 27, 1992 - 5 - FORMAL SESSION 117RGINL4 BF,4CH CITY COUNCIL October 27, 1992 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINL4 BF,4CH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, October 27, 1992, at 6:00 P.M. Council Members Present.- John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent.- None INVOCATION.- Warren Withrow Chaplain (Major, U&4) Fort Story THERE WAS A MOMENT OF SILENT RESPECT IN MEMORY OF J. A. DANIEL SMITH - CLERK OF GENERAL DISTRICT COURT. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED S TATES OF AMERIC,4 October 27, 1992 - 6 - item iii-E.1 CERTIFICATION OF EXECUTIVE SESSION ITEM # 36144 Certification was not necessary as no EXECUTIVE SESSION was held. October 27, 1992 7 - Item III-F.I. MINUTES ITEM # 36145 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the Minutes of the PUBLIC HFARING of October 8, 1992. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancib III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessotm, Jr. Council Members Voting Nay: None Council Members Absent.- None October 27, 1992 8 Item III-F.2 MINUTES ITEM # 36146 Upon motion by Vice Mayor Sessona, seconded by Councilman Clyburn, City Council APPROYED the Minutes of the 17VFORAL4L AND FORMAL SESSIONS of October 13,1992. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branc,% III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None October 27, 1992 9 Item III-F.3. ANNOUNCEMENT ITEM # 36147 Mayor Oberndorf recognized the following Scouts in attendance to earn thier Badge in Citizenship: TROOP 902 David Roberson TROOP 436 Don Mac Eachern Scout Master Anthony Salemi Senior Patrol Leader Chip Larkin Mike Rae Mike Salenzi Jason Tice Kevin Kroll Jared Mac Eachern Colin Humphreys October 27, 1992 - 10 - Item III-G.I. PPESENTATION M4YOR'S TROPHY ITEM # 36148 77ie following presentation was CANCELLED and RESCHEDULED to November 10, 1992: NORFOLK BOWLING ASSOCL4TION Gene Luke, Past President and Life Member October 27, 1992 Item 111-G.2 PRESENTATION ITEM 36149 Pamela Lingle, Director of Public Information, invited all Members of City Council to attend the STORMWATER KTCKOFF on October 28,1992, at 10:00 A.M. at the rirignia Marine Science Museum. 7'his will consist of a storm stenciling project to make citizens aware of their responsibilities. 7he EPA estimates that 50% of the pollution in the water system comes from stormwater runoff. 77ie Clean Community Commission will be overseeing the stenciling. Frances Flanagan, Executive Director of the Alliance of the Chesapeake Bay, will be speaking at no cost to the City. Under the Stormwater Management Regulations, the City has a public awareness, public information campaign. Miss Lingle presented all Members of City Council with T-Shirts bearing the emblem "WQ - FISH". October 27, 1992 - 12 - Item III-G.3. PPESENTATION ITEM # 36150 Mayor Oberndorf referenced the last Virginia Municipal League Meeting (October 18, 1992 - October 20, 1992). 77ie Public Information Office under the capable leadership of Pamela Lingle developed a video on Budgeting detailing the ramifications of the Federal and State cuts. 77ie City won an achievement award for this video. October 27, 1992 - 13 - item iii-H.I. CONFIRAL4TION OF APPOINTMENTS ITEM# 36151 BY CONSENSUS, City Council CONFIRMED APPOINTMENTS: ASSISTANT CITY ATTORNEYS John F. Newhart, Jr. Administrative Law Section Charles B. Miller Litigation Section October 27, 1992 - 14 - item iii-L CONSEA'T AGENDA ITEM # 36152 Upon motion by Ytce Mayor Sessotw, seconded by Councilwoman Parker, City Council APPROVED in ONE MOTION Items 1, 2(AS "ENDED), 3, 4, 5 and 6 of the CONSENT AGENDA Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl4 III, James W. Brazier, Jr., Robert W Clyburr4 Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- None October 27, 1992 - 15 - Item III-LL CONSEAIT AGENDA ITEM # 36153 Upon motion by Vice Mayor Sessom, seconded by Councilwoman Parker, City Council ADOPTED: Resolution applauding the efforts of Tidewater Builders Association and the developers of the Church Point Subdivision re organization and promotion of Homearanm 1992. Copies of this Resolution shall be forwarded to the Tidewater Builders Association and the developers of the Church Point Subdivision. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R. Jones, Paul J Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None October 27, 1992 Requested by: Vice Mayor William D. Sessoms, Jr. 1 A RESOLUTION APPLAUDING THE EFFORTS 2 OF THE TIDEWATER BUILDERS 3 ASSOCIATION AND THE DEVELOPERS OF 4 THE CHURCH POINT SUBDIVISION IN THE 5 ORGANIZATION AND PROMOTION OF 6 HOMEARAMA 1992 7 WHEREAS, the Tidewater Builders Association (TBA) has 8 organized and promoted Homearama for the past eleven (11) years; 9 WHEREAS, Homearama consistently provides an excellent 10 opportunity for contractors, subcontractors, interior decorators, 11 furniture stores, real estate agents, and the many other companies 12 and individuals involved in the construction, furnishing, and sale 13 of homes to showcase their talents, goods, and services; 14 WHEREAS, Homearama also provides an opportunity for 15 citizens in the Tidewater area to get ideas for the purchase of a 16 new home, for remodeling, decorating, landscaping, or otherwise 17 improving an existing home, or just to dream; 18 WHEREAS, Homearama 1992 was held in the new Church Point 19 subdivision of the City of Virginia Beach; and 20 WHEREAS, Homearama 1992 proved to be extremely 21 successful, due in large part to the efforts of the TBA. 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 That City Council hereby applauds the efforts of the 25 Tidewater Builders Association and the developers of the Church 26 Point subdivision in the organization and promotion of Homearama 27 1992, and also applauds the efforts of the many companies and 28 individuals whose participation in Homearama 1992 helped to make it 29 a successful event. 30 BE IT FURTHER RESOLVED: 31 That City Council hereby invites and encourages the 32 Tidewater Builders Association to conduct future Homearamas in the 33 City of Virginia Beach. 34 Adopted by the Council of the City of Virginia Beach, 35 Virginia, on the 27 day of October 1992. 36 CA-4881 37 ORDIN\NONCODE\HOMEARA.RES 38 R-2 - 16 - Item III-L2 CONSENT AGENDA ITEM # 36154 Upon motion by rice Mayor Sessoms, seconded by Councilwoman Parker, City Council ADOPTED, AS AMENDED. Resolution establishing a Community Managentent and Policy Team re implementation of the Virginia Conzprehensive Services Actfor At-Risk Youth and Families. On Line 26, the words "or their designees" shall be remaved. Lines 25 and 26 shall read as follows: ... "Such Team shall be comprised of the agency heads, o, @i? alesig,,ees, Of ... " Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis P, Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- None October 27, 1992 1 A RESOLUTION TO ESTABLISH A 2 COMMUNITY MANAGEMENT AND POLICY 3 TEAM TO IMPLEMENT THE VIRGINIA 4 COMPREHENSIVE SERVICES ACT FOR AT 5 RISK YOUTH AND FAMILIES 6 WHEREAS, the 1992 Virginia General Assembly enacted 7 legislation entitled "The Comprehensive Services Act for At-Risk 8 Youth and Families," Reenrolled House Bill 935, intended to create 9 a coordinated syst@m of services and funding to meet the needs of 10 troubled youth and their families and at-risk children; 11 WHEREAS, the City of Virginia Beach, in order to become 12 eligible to receive State funds from the State Pool and State Trust 13 Fund established by such legislation, is required to establish a 14 management and policy team to implement the mandates of said 15 Comprehensive Services Act; and 16 WHEREAS, the City is further required to designate and 17 approve a Fiscal Agent to administer such monies as may be 18 allocated to the City from the State Pool and State Trust Fund; 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 That there is hereby established a City of Virginia Beach 22 Management and Policy Team for Implementation of the comprehensive 23 Services Act for At-Risk Youth and Families, which shall have the 24 powers and duties set forth in Virginia Code Section 2.1-752, and 25 shall report to the City Council through the City Manager. Such 26 Team shall be comprised of the agency heads of the Department of 27 Social Services, the Department of Mental Health, Mental 28 Retardation and Substance Abuse Services, the Virginia Beach Public 29 Schools, the Juvenile Court Services Unit, and the Department of 30 Public Health; two members to be appointed by the City Manager; and 31 two members, to be appointed by the City Council, who shall not be 32 employees of the City, one of whom shall be a parent, and one, a 33 representative of a private organization which provides children's 34 or family services. The two members appointed by City Council 35 shall serve for terms of two (2) years and shall serve no more than 36 two (2) consecutive terms. 37 BE IT FURTHER RESOLVED, that the City Manager or his 38 designee is hereby designated the Fiscal Agent to administer such 39 funds as may be received by the City and appropriated by the City 40 Council to the respective agencies. 41 Adopted by the Council of the City of Virginia Beach, 27 October 42 Virginia, on the day of 1992. 43 CA-4776 44 ORDIN\NONCODE\POLICY.RES 45 R-7 2 - 17 - Item III-L3 CONSEAIT AGENDA ITEM # 36155 Upon motion by Vice Mayor Sessoms, seconded by Councilwoman Parker, City Council ADOPTED, AS AMENDED: Ordinance to "END and REORDAIN Section 1-8 of the Code of the City of Virginia Beach, Virginia, re distribution and sale of bound volumes of and supplements to, the City Code. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Pi-ce Mayor William D. Sessoms, Jr. Council Members Voting Nay: Non e Council Members Absent.- None October 27, 1992 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 1-8 OF THE CODE OF THE CITY 3 OF VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO DISTRIBUTION AND SALE 5 OF CODE. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 1-8 of the Code of the City of Virginia Beach, 9 Virginia, is hereby amended and reordained to read as follows: 10 Section 1-8. Distribution and sale of Code. 11 (a) This GeEle raay be disti-ibuted te a]:! the eear-ts, eit-y 12 depai-tments and ageneies ef- the eity Ejavei-nment: by the pab@ 13 inforiftatien offieer free ef eharge. 14 @ The city manager is authorized to sell to any person- 15 upon request, an initial bound volume of, or supplements to, the 16 Code, and to make such charges therefor as are reasonable and 17 necessary to reimburse the city for its costs incurred for 18 Publication and distribution of the Code or supplements. desiring 19 eepies ef this Gede at the felleifing 20 (i) initial beund velumes 21 (2) Stipple% 22 Quarterly, eaeh 4:5.99 23 Annually, eaeh SG.oo 24 Adopted by the Council of the City of Virginia Beach, Virginia 25 on the 27 day of October 1992. 26 CA-4874 27 \ORDIN\PROPOSED\01-008.PRO 28 R-2 - 18 - Item III-L4 CONSENT AGENDA ITEM # 36156 Upon motion by Vice Mayor Sessotm, seconded by Councilwoman Parker, City Council ADOPTED, AS AMENDED: Ordinance to ACCEPT and APPROPRL4TE a $8,000 grant from the Pirginia Institute of Developmental Disabilities at Virginia Commonwealth University to the FY 1992-1993 Operating Budget of the Department of Mental Health, Mentat Retardation and Substance Abuse re development of respite services to mentally retardedldevelopmentally disabled children; and, this appropriation be offset by an $8,000 increase in estimated revenue. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. BrancA Ill, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None October 27, 1992 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 GRANT IN THE AMOUNT OF $8,000 TO THE DEPARTMENT OF 3 MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE 4 FROM THE VIRGINIA INSTITUTE OF DEVELOPMENTAL DISABILITIES 5 AT VIRGINIA COMKONWEALTH UNIVERSITY TO DEVELOP RESPITE PROGRAMS 6 TO SERVE MENTALLY RETARDED/DEVELOPMENTALLY DISABLED CHILDREN 7 WHEREAS, the Department of Mental Health, Mental Retardation, and Substance 8 Abuse is responsible for providing respite services to families with mentally 9 retarded/developmentally disabled children; 10 WHEREAS, the Virginia Institute for Developmental Disabilities at Virginia 11 Commonwealth University originally awarded the City of Virginia Beach Community 12 Services Board a grant in the amount of $29,073 during FY 91-92 and committed an 13 additional $8,000 in FY 92-93 to provide continued respite services to 27 14 families who have been unable to avail respite because of medical involvements 15 of their son or daughter with developmental disabilities; 16 WHEREAS, the grant increases the FY 92-93 departmental position total by 17 .08 FTE's and requires no local match or continuation commitments. 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 19 BEACH, VIRGINIA that a grant in the amount of $8,000 be accepted and appropriated 20 and .08 FTE's be established for the duration of the grant in the Department of 21 Mental Health, Mental Retardation, and Substance Abuse FY 92-93 Operating Budget 22 to provide respite services to families with mentally retarded/developmentally 23 disabled children. 24 BE IT FURTHER ORDAINED that appropriations be offset by a $8,000 increase 25 in estimated revenue. 26 Adopted by the City Council of the City of Virginia Beach, Virginia, this 27 27 day of October 1 1992. 28 This ordinance shall be effective from the date of its adoption. 29 APPROVED AS TO CONTENT 30 31 32 Walte C. K@ Jr. - 19 - Item III-I.5 CONSENT AGENDA ITEM # 36157 Upon motion by Vice Mayor Sessoms, seconded by Councilwoman Parker, City Council ADOPTED.- CERTIFICATE OF PUBLIC CONTIENIENCE AND NECESSITY ROYAL LIMOUSINE Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Obemdorf, Nancy K Parker and @ice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- None October 27, 1992 - 20 - Item III-L6 CONSEA'T AGENDA ITEM # 36158 Upon motion by Vice Mayor Sessoms, seconded by Councilwoman Parker, City Council ADOPTED.- Ordinance authorizing License Refunds in the amount of $3,668.50 upon application of certain persons and upon Certification of the Commissioner of the Revenue. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clybury; Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Non e Council Members Absent: Non e October 27, 1992 FORM t4O. CA 8 REV. SM AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid Schwegler, Walter F. 1991-92 Audit 590.35 590.35 T/A Atlantic Travelodqe 3322 Virginia Beach Blvd., S-105 Virginia Beach, VA 23452 Wilson, Dennis R. 1991-92 Audit 44.27 44.27 T/A Custom Trim & Cabinetry 3793 Canadian Arch Virginia Beach, VA 23452 Certified as to Payment: .be,t P Vagha@ Commissioner ofThe Revenue Approved as to form: LWlidt. LilIK c- City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 634.62 were approved by the Council of the City of Virginia Beach on the 27 day of October .19 92 Ruth Hodges Smith City Clerk FMM NO. CA 8 REV. 3M AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid Harrell, Brenda 1991 Audit 91.30 91.30 T/A Brendas Hairstyling 5962 Edgelake Drive Virginia Beach, VA 23464 Melton, Iver W. & Don P. Morris T/A Aservice Plus 1990-92 Audit 106.26 106.26 4638 Haygood Road #B Virginia Beach, VA 23455 Mobile Accounting Inc. 1991-92 Audit 101.55 101.55 T/A Mobile Accounting Systems of America 3228 Pineridge Drive Chesapeake, VA 23321 Certified as to Payment: rt P. Vau@ Commissioner of the Revenue Approved as to form: @e L. Li@ey City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 299.11 were approved by the Council of the City of Virginia Beach on the 27 day of October 92 19 Ruth Hodges Smith City Clerk @M NO. C.A. 8 REV. &W AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid Corder, Michael E. 1991-92 Audit 47.29 47.29 T/A Corder Carpet Service 720 Millpike Court Chesapeake, VA 23320 Crest Restaurant Consultants Inc. T/A Crest Restaurant Consultants 3073 Brickhouse Court 1989 Audit 365.53 365.53 Virginia Beach, VA 23452 Gusler, Denard L. 1991 Audit 63.37 63.37 2738 Console Avenue Norfolk, VA 23518 Certified as to Payment: Commissioner of the Revenue Approved as to form: @stie L. Eil-ley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 476. 19 were approved by the Council 27 October 92 of the City of Virginia Beach on the - day of 19 - Ruth Hodges Smith City Clerk @M NO. C.A. 8 REV@ &W AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid American Printing Co., Inc. T/A Sir Speedy Printing 198B-91 Audit 2,135.72 2,135.72 3008 Virginia Beach Blvd. Virginia Beach, VA 23452 Art Forms Inc. 1991-92 Audit 109.66 109.66 6110 Oceanfront Virginia Beach, VA 23451 Carlson, Ann Marie 1990 Audit 13.20 13.20 5812 N. Cherokee Cluster Virginia Beach, VA 23462 Certified as to Payment: n Commii ioner of the ue Approved as to form: Ce-slt6 L. Li@ey City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 2, 258. 58 were approved by the Council of the City of Virginia Beach on the 27 day of October 19 92 Ruth Hodges Smith City Clerk - 21 - item iii-il. P,ESOLUTIONIOPDINANCES ITEM # 36159 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED: Resolution authorling the City Manager to implement the recommendations of the Construction Contract Process Review Team for a period of one (1) year; and, directing the City Manager report to Council prior to October 31, 1993, outlining the benefits derived fi-om implementation of the new review process and suggesting any changes or modification. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and 1-ice Mayor William D. Sessotm, Jr. Council Members Voting Nay: None Council Members Absent: None October 27, 1992 1 A RESOLUTION AUTHORIZING THE CITY 2 MANAGER TO IMPLEMENT THE 3 RECOMMENDATIONS OF THE CONSTRUCTION 4 CONTRACT PROCESS REVIEW TEAM 5 WHEREAS, as part of the City's commitment to quality 6 customer service, representatives of various City departments were 7 asked to serve on a Construction Contract Process Review Team (the 8 "Team"); 9 WHEREAS, the Team undertook a comprehensive study of the 10 construction contract review process employing a systematic 11 problem-solving methodology; 12 WHEREAS, the Team's objective was "to decrease the time 13 required to review and execute City construction contracts"; 14 WHEREAS, the Team determined that the current process, 15 from receipt of bids to notice to proceed, requires an average of 16 one hundred and seven (107) days; 17 WHEREAS, the Team was able to develop a new process that is has the potential to reduce the process time to thirty (30) days 19 while maintaining all Code requirements and mandatory quality steps 20 and, at the same time, providing enhanced information to City 21 Council; 22 WHEREAS, one step of the current process which is time- 23 consuming from the standpoint of City staff preparation time, and 24 which the Team proposes to eliminate, is the requirement that City 25 Council formally approve the award of construction contracts; 26 WHEREAS, the Team has recommended that in lieu of formal 27 approval of contract awards, Council be provided a weekly 28 Construction Bid Status Report which will provide the Council a 29 complete status of all construction projects, including 30 advertisements outstanding, bid results, and contracts awarded; and 31 WHEREAS, this proposed Construction Bid Status Report 32 will actually provide more information to Council in a more timely 33 manner than is provided to Council under the current process. 3 4 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 35 OF VIRGINIA BEACH, VIRGINIA: 36 That City Council hereby applauds the efforts of the 37 Construction Contract Process Review Team in its development of a 38 review process that should prove to be more beneficial to the City, 39 its contractors, and the citizens of Virginia Beach than the 40 current process. 41 BE IT FURTHER RESOLVED: 42 That City Council hereby authorizes the City Manager to 43 implement the recommendations of the Construction Contract Process 44 Review Team for a period of one (1) year, and directs the City 45 Manager to return to the Council prior to October 31, 1993, with a 46 report outlining the benefits derived from implementation of the 47 new review process and suggesting any changes for modification of 48 the process. 49 Adopted by the Council of the City of Virginia Beach, 50 Virginia, on the 27 day of October 1992. 51 CA-4871 52 ORDIN\NONCODE\TEAM.RES 53 R-1 2 - 22 - Item III-J.2. RESOLUTIONIORDINANCES ITEM # 36160 77te following registered in OPPOSITION.- Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008 represented the CitLens Action Coalition A MOTION was made by Trice Mayor Sessoms, seconded by Councilman Jones to ADOPT an Ordinance re loan to the Development Authority; and directing City Staffprepare all necessary loan documents and an appropriation Ordinance: Alternative No. 4 $ 60-MILLION. A SUBSTITUTE MOTION was made by Councilman Moss, seconded by Council Lady Parker to ADOPT an Ordinance re loan to the Development Authority; and, directing City Staff prepare all necessary loan documents and an appropriation Ordinance: Alternative No. 2 $3.7-MILLION. Voting: 4- 7 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Robert K Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Voting Nay: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne and Vtce Mayor William D. Sessoms, Jr. Council Members Absent.- None October 27, 1992 - 23 - Item III-J.2. PESOLUTIONIOP.DINANCES ITEM # 36161 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance Alternative No. 4 re loan to the Development Authority; and, directed City Staff prepare all necessary loan documents and an appropriation Ordinance for$ 60-MILLION. Voting: 7-4 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W Clybur@ Louis R. Jones, Paul J. Lanteigne and rice Mayor William D. Sessonal Jr. Council Members Voting Nay: Robert K Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Absent.- None October 27, 1992 Requested by Vice-Mayor William D. Sessoms, Jr. , and Councilman Louis R. Jones I AN ORDINANCE AUTHORIZING 2 A $6 MILLION LOAN TO THE 3 CITY OF VIRGINIA BEACH 4 DEVELOPMENT AUTHORITY 5 WHEREAS, a recent review of the financial condition of 6 the Virginia Beach Development Authority (the "Authority") revealed 7 a projected cash flow shortage by January, 1993, due to scheduled 8 debt service payments; 9 WHEREAS, as a result of this projected cash f low 10 shortage, the Authority requested the assistance of the City of 11 Virginia Beach in meeting its f inancial obligations during the 12 current recession; 13 WHEREAS, based on this request for assistance, city 14 Council directed the City Manager to conduct an analysis of the 15 Authority's financial condition and to return to the Council with 16 recommendations for such assistance; 17 WHEREAS, City staff made a presentation to City Council 18 on October 6, 1992, at which the Council was provided several 19 alternatives determined by staff to be viable options for providing 20 assistance to the Authority with respect to its current dilemma; 21 WHEREAS, City Council recognizes the vital importance of 22 economic development to the City's future growth; 23 WHEREAS, City Council further recognizes the important 24 role that the Authority plays in fostering economic development in 25 the City, and the importance of assisting the Authority in 26 resolving its current financial difficulties thereby enabling the 27 Authority to continue to play this important role; 28 WHEREAS, the provision of assistance to the Authority 29 will be seen by credit rating agencies as a positive approach to 30 dealing with, and effectively managing, the Authority's 31 difficulties, both financially and from a debt management 32 standpoint; 3 3 WHEREAS, based on the presentation made by City staff, 34 and on additional information provided to the Council since the 35 October 6, 1992, meeting, Council has determined that a loan to the 36 Authority of $6 million would be in the best interests of the City 37 and the Authority subject to certain conditions. 38 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 39 OF VIRGINIA BEACH, VIRGINIA: 40 1. That City Council hereby authorizes a loan to the 41 Authority of $6 million in FY 1992-93. 42 2. That City Council hereby directs City staff to 43 prepare all necessary loan documents and to return to the Council 44 for adoption of an ordinance specifically appropriating the funds 45 necessary to provide the loan to the Authority. 46 3. That the loan documents shall, at a minimum, provide 47 the following terms and conditions: 48 a. The interest rate on the loan shall not be 49 less than the interest the City could earn on 50 the funds loaned to the Authority; 51 b. The loan shall be made payable on demand; 52 C. Ninety-five (95) percent of the net proceeds 53 of the sale of any parcel in Oceana West 54 Corporate Park (OWCP) shall be paid to the 55 City to buy down the outstanding balance of 56 principal and interest on the loan; 57 d. Loan proceeds shall be used to pay off the 58 outstanding principal and interest on the 59 "White," "Pickler," and 31st Street property 60 loans; 61 e. The remainder of the loan proceeds shall be 62 applied toward the outstanding balance on the 63 Corporate Landing loan; 64 f. The Authority shall give the City a first deed 65 of trust on OWCP and the 31st Street property; 66 9. Any proceeds from the sale of the 31st Street 67 property shall be applied toward the 2 68 outstanding balance on the City's loan to the 69 Authority; 70 h. During the term of the loan, and until the 71 loan is paid in full both as to principal and 72 interest, the Authority shall devote its full 73 efforts and energy to the marketing and sale 74 of property in Corporate Landing, OWCP, and at 75 31st Street; and 76 i. The Authority shall not purchase or otherwise 77 acquire additional property or expend funds 78 for infrastructure or other development costs, 79 without the prior approval of City Council. so 4. That the loan to the Authority shall be further 81 subject to NationsBank's agreement to the following terms and 82 conditions: 83 a. NationsBank will release its deeds of trust on 84 OWCP and the 31st Street property; 85 b. NationsBank will defer payment of principal on 86 the Corporate Landing note for two (2) years; 87 and 88 C. NationsBank will defer the payment of 89 interest on the Corporate Landing note until 90 January 1, 1994. 91 Adopted by the Council of the City of Virginia Beach, 92 Virginia, on this 27 day of October 1992. 93 CA-4866 94 ORDIN\NONCODE\LOAN.ORD 95 R-2 3 - 24 - Item IV-K1. PUBLIC HEARING ITEM # 36162 Mayor Meyera E. Oberndo?f DECLARED a PUBLIC HEARING on: PLANNING 1. (a) LAWYERS TITLE INSURANCE CORPORATION STREET CLOSURE (b) JUDEO-CHRISTLIN OUTREACH SHELTEP, INC CONDITIONAL USE PERMIT (c) AGAPAE WORLD OUTREACH SHELTER, INC CONDITIONAL USE PERMIT (d) MIR,4CLES AMUSEMENT CORPORATION CONDITIONAL USE PERMIT (e) SECOND CHANCE MINISTRY INC CONDITIONAL USE PERMIT (f) RYLLL4MS HOLDING CORPORATION CONDITIONAL USE PERMIT (g) COMPREHENSIVE PL4N AMEND RE.-GENER,4L BOOTH BOULEVARD (h) CHE&4PEAKE B,4 Y PRESER VA TION ORDINANCE AMENDIAPPENDJX R RE RESOURCE MANAG AREA DESIGNATION October 27, 1992 - 25 - Item IV-K 1. a, PUBLIC HEARING ITEM # 36163 PLANNING Attorney Lawrence H. Bryan4 900 Sovran Bank Building, represented the applicant and requested WTHDR,4WAL. Upon motion by Councilman Brazier, seconded by Vice Mayor Sessoms, City Council ALLOWED fffTHDRAWAL of the petition of L4WYERS TITLE INSURANCE CORPOk4TION for the discontinuance, closure and abandonment of a portion of Jade Street. Application of Lawyers Title Insurance Corporation for the discontinuance, closure and abandonment of a portion of Jade Street beginning at the northern boundary of Page Avenue and running in northerly direction a distance of S95 feet. Said parcel is 60 feet in width and contains 35,700 square feet. LYNNI-I,4VEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis P, Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoiw, Jr. Council Members Voting Nay: None Council Members Absent.- None October 27, 1992 - 26 - Item IV-Kl.b. PUBLIC HFARING ITEM # 36164 PLANNING Richard Powell, Executive Director - JUDEO-CHRISTLIN OUTRF,4CH SHELTEP, INC., 209 53rd Street, Phone: 428-3475 (H), 491-2846 (P). 77te following spoke in OPPOSITION., Lieutenant Commander Dwight Lawrence, NAS OCEANA, Phone: 433-3131 Jeff Cantrell, represented Mother's, Inc., Phone: 491-2887 Susie D. K%itehurst, Phone: 425-1692, represented the SeatacklAtlantic Park Civic Leagues Michael A. Martineue, Jr., 1152 Virignia Beach Boulevard, Phone: 428-3524 Tyrone Walker, 1076 Kenya Lane Reverend Jerome C Ross, 310 South Birdneck Road, Phone: 422-5048 Upon motion by Councilman Brazier, seconded by Councilman Baum, City Council DENIED an Ordinance upon application of the JUDEO-CHRISTL4N OUTRF,4CH SHELTER, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF JUDEO-CHRISTL4N OUTREACH SHELTEP, INC FOR A CONDITIONAL USE PERMIT FOR A GROUP HOME Ordinance upon application of Judeo-Christian Outreach Shelter, Inc. for a Conditional Use Permit for a group home on the south side of Virginia Beach Boulevard, 540 feet east of North Birdneck Road. Said parcel is located at 1049 and 1053 Virgirtia Beach Boulevard and contains 41,382 square feet. LYNNHAVEN BOROUGH. Voting: 9-2 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, Ill, James W. Brazier, Jr., Robert K Dear4 Louis P, Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Voting Nay: Robert W. Clyburn and f'zce Mayor William D. Sessoms, Jr Council Members Absent.- None October 27, 1992 - 27 - Item IV-KI.c. PUBLIC HFARING ITEM # 36165 PL4NNING Cheyney Cole, 210 50th Street, Phone: 428-2224, represented the applicant Upon motion by Councilman Dean, seconded by Council Lady Parker, City Council ADOPTED an Ordinance upon application of AGAPAE WORLD OUTREACH CENTER for a Conditional Use Permit., ORDINANCE UPONAPPLICATION OFAGAPAE WORLD OUTRF-4CH CENTER FOR A CONDITIONAL USE PERMIT FOR A CHURCH AND REL4TED ACTMTIES R010921781 BE IT HEREBY ORDAINED BY THE COUNCIL OF TIIE C17Y OF VIRGINL4 BEACH, 117RGINL4 Ordinance upon application of Agapae World Outreach Center for a Conditional Use Permit for a church and related activities in Units IOZ 104, 105, 106, 107 and 108, Princess Anne Shoppes. Said parcel is located at 4402 Princess Anne Road and contains 1.9176 acres. PRINCESS ANNE BOROUGH. 7'he following condition shall be required: 1. Approval is for a period of three (3) years. 7his Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen(Y-seventh of October, Nineteen Hundred and Nine(y-Two. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- None October 27, 1992 - 28 - Item IV-Kl.d. PUBLIC HEARING ITEM # 36166 PLANNING Lonnie 0. Clark, III, 1112 Pacific Avenue, Phone: 428-8900, registered in OPPOSITION. Upon motion by Councilinan Branch, seconded by Vice Mayor Sessoms, City Council ALLOWED WITHDR4WAL of an Ordinance upon application of MIRACLES AMUSEMENT CORPORATION for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF MIRACLES AMUSEMENT CORPOI?ATION FOR A CONDITIONAL USE PERMIT FOR A RECRE,4TIONAL AND AMUSEMENT FACILITY OF AN OUTDOOR NATURE (CHILDREN'S RIDES) R01092 BE IT HEREBY ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGINL4 BEACH, VIRGINL4 Ordinance upon application of Miracles Amusement Corporation for a Conditional Use Permit for a recreational and amusement facility of an outdoor nature (children's rides) on certain property located on the south side of 12th Street, 75 feet est of Pacific Avenue. Said parcel contains 19,375 square feet. VIRGINL4 BEACH BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, 111, James W. Brazier, Jr., Robert W Clyburt4 Robert K Deat4 Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K- Parker and Vice Mayor William D. Sessoiw, Jr. Council Members Voting Nay: None Council Members Absent: None October 27, 1992 - 29 - Ite,m TV- K I.e. PUBLIC HEARING ITEM # 36167 PL,4NNING Upon motion by Councilman Lanteigne, seconded by Trice Mayor Sessona, City Council DENIED an Ordinance upon application of SECOND CHANCE MINISTRY, INC. for a Conditional Use Permit.- ORDINANCE UPONAPPLIC4 TION OF SECOND CHANCE MINISTRY INC FOR A CONDITIONAL USE PERMIT FOR A GROUP HOME Ordinance upon application of Second Chance Ministry, Inc. for a Conditional Use Permit for a group home on the east side of Princess Anne Road, 51& 6 feet south of Morris Neck Road Said parcel is located at 584 Princess Anne Road and contains 39,680 square feet. PUNGO BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessotw, Jr. Council Members Voting Nay: Non e Council Members Absent.- Non e October 27, 1992 - 30 - Item IV-K 1. f. PUBLIC HFARING ITEM # 36168 PLANNING Attorney R Edward Bourdo?4 Jr., Pembroke Office Parl; Pembroke One - 7le Fifth Floor, Phone: 499-8972, represented the applicant and requested DEFERRAL. Charles Traub, III, 784 Glasgow Court, Phone: 340-9056, registered in OPPOSITION. Upon motion by Councibnan Dean, seconded by Council Lady Parker, City Council DEFERRED ninety days until the City Council Session of January 26, 1993. ORDINANCE UPON APPLICATION OF RYLLLIMS HOLDING CORPOR4TION AND JOSEPfl E & JACK P BURROUGHS FOR A CONDITIONAL USE PERMIT FOR SINGLE FAMILY HOMES IN THE AGRICUL7'URE DISTRICT Ordinance upon application of Williams IIolding Corporation and Joseph E. and Jack P. Burroughs for a Conditional Use Permit for single family homes in the Agriculture District on certain property located on the southwest side of Seaboard Road, 3500 feet more or less northwest of Princess Anne Road. Said parcel coritains 264.62 acres. PRINCESS ANNE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- None October 27, 1992 Comprehensive Plan Amendments fbr General Booth Bwlevard Corridor (As Jointly Developed by Staff & Neigliborhood Representafives) October 15, 1992 (Note: Language to be removed is shown by strike-out language to be added is shown by underline (language)) - COMPRFHFNSIVE PLAN AMENDMENT # CPA 92-1: Amend the Comprehensive Plan by revising the 'Objective' in the first colurrm on Page III-CS-17, beginning with the phrase, "Endorse no ...... to read: "Endorse no development proposal that contributcs to strip residential or commercial development, sprawl, or any disorderly arrangement of uses. Of particular importance is the need to avoid any additional development of these We of commercial retail uses vathin this planning area along General Booth Boulevard and Princess Anne Road east of the Municipal Center. In addition, no additional connnercial or medium or high density resideritial developinent of any kind should be allowed on Dain Neck Road east of General Booth Boulevard beyond what is already zoned or approved by conditional use. Alternative land uses along this roadway segment should emphasize residential, residential retirement communities, and low-intensity institutional uses to define and li@t the already considerable commercial presence at intersections of this arterial. Commercial and office uses, and multi-family uses bmnd those already developed or zoned for, should only be endorsed in the General Bootb Boulevard roadway corridor if they are located in the areas specified below on Mal2s Irl-3 to 111-6 and are consistent v,itb the standards outlined in A1212endix IIT-2 of this Plan. In addition, a Traffic Impact Study, as eqlained in A1212endix IIT-1 of this Plan, must be conducted for the 12arcels specified on Mal2s 111-3 to 111-6 if one of those land uses is apl2lied for. 'ne Design Advisory Committee and the Planniniz Comn-dssion should utilize tbe site and building design standards as the P-uiding policies regardin2 desiizn for this Corridor and not as a set of desilzn repulations tbat must be met by a proposal in order for al2l2roval to be granted. Under existiniz State enabling lelyislation, desilyn alone would not be a sufficient basis for rejection of a proposal along this Corridor. All other @ larld uses and site developments occuning within the arterial corridors of Courthouse-Sandbridge (north) should adhere to hich quality design i-, C,,,@r.1 @ll, Bo.i@,@rd Pl@. An,@nd@,@nts p.ge 2 A@@..st 31i 1992 General Booth Boulevard Map lii-3 ale parcels shown on this map may be possible candidates for a land use other than that sbown on the Comprehensive Plan Map, if the policies noted in this chapter are adhered to. NORTH n com - G.n..[ B@th U..I.-,d PI.. A.,@,.@t 31,1992 1'.g. 3 General Booth Boulevard Map 111-4 The parcels shown on this map may be possible candidates for a land use other than that shown on the Comprehensive Plan Map, if the policies noted in this chapter are adhered to. @ -,51 &l @ - mv NORTH Booth Do.lc-,d Pi.@ Am,.d.ents 4 Octob.r 15, Im standards that will make a positive contribution to the City's image. 'ne applicable provisions of the Community Aesthetics section of the Plan, erever such development is proposed along these corridors." HEN WE Amend the Comprehensive Plan by adding the following language in the second column on Page 111-CS-17, as a new paragraph after the @ords, "... proposed along these corridors," to read: Retail comme uitan Boulevard CQ als stri endix .;tandard,,; should be cific suTin ing- of these uses hborb g the existin r@a as a meth d f r vidin ac QU]d be reviewed HENSIVE Amend the Comprehensive Plan by adding tbe following language in the second column on Paae 111-CS-17, as a new paragraph after the words, proposed along a these corridors," to read: Neiizh Iti-famil @-family r i ential I residential and asso General oth u below if tbe develoi is ent vath th ite nd uildin e i n ix 111-2 of hi Plan. Prol2osals which a considerat Gcncml @th Bo.1-rd Pl.@ Am@ndm@nts p.ge 5 Octobo, 15, 1992 Area Man II re i en ial u e wi h hi I riate fDr rcels a) Boi r Multi-family residenti si ly 10 densities. tbe inte ration f r ' ts in bor oods thr ti b he u e of .d coordinated 12edestria and rea adiacent to the south sidp- exigtin residential n,-i hb rhood- @he site desi n of ro'ects tO roilte uld be-. dqina. all Drive Area 'B' as indicated on Mal2 111-4 mgy be suitable for nei bb rhOOd ice se . Ideall n until all of the I?arcels have been c Boulevard Bootl h uld be Ii-ited to a t reak. Area 'C' aq indicated on Map III-4 i gle-family dential [prehensive this a Area 'D' as indicat COT Du,- to the rox ngle-family us Bmth j3o.le-,d Pla. A...dm.@tS P.ge 6 Octob.r 15,1992 ,,Ii aroa ',,o ol@ea 'D' lor an I t, b i@'. tibl'. General Booth Boulevard Map 111-5 ne parcels sho- on this map may be possible candidates for a land use other than that shown on the Comprehensive, Plan Map, if the pohcies noted in this chapter are adhered to. NORTH 40 71 G@@,@l @th Bo.l.@@d Pi.@ AM..d...t@ P.g@ 7 A.g.@t 31,1992 General Booth Boulevard Map 111-6 Tbe parcels shown on tbis map may be possible candidates for a land use other than that shown or, the Comprehensive Plan Map, if the policies noted in this chapter are adhered to. 0 ORiu, (@x@ NO NORTH G.n.mi @th Bo.le-,d Pl-- A...dm.nts p.go 8 October 1S. 1992 cop Amend the Comprehensive Plan by adding the following langliage in the second colunin on Page III-CS-17, as a new paragraph after the words . ..... proposed along these corridors," to read: office us t e ar a f he GGee al Izo e nd th e d vel ed for devel -ent ea,;ement arr,, b ective shoL C mmittee. CO PLAN Amend the Comprehensive Plan by adding the following ladguage in the second column on Page Ill-CS-17, as a new parauraph after the words, "proposed along tbese corridors," to read: ei h orho d-o suitabl f r the a e d ng desi r e Bth Do.le@ Pi.. Am.nd@i@nts p.g. 9 octob@r 15, 1992 Th ite.@ ener I in e at, (the -Ei r Alth u o f th- or this corner -a e al e. B tt e@ h@ul 'G..@.1 @th Bo-l-ld Pi.. A...d...t- Pag. 10 October 15, IM as to as a nd t ulevar Ferell Pa COMPREHF,NSIVE PLAN AMENDMENT PA 2-6 M Add Maps 111-3 to II[I-6 to the Courthouse-Sandbridge chapter of the Plan. MP HEN IVE PLAN AMENDM NT PA 12-7, Amend the Comprehe-ive Plan by adding the following language as Appendix III-2: i e ard" BackLyround ince en ixtu- design character an eff I Dn element that can act t es I gr parts ogether. ee easilv 'ne Gener d. identifiable nodes (see Ma A nd u - an d,- i character'. Da- Neck is_ I)rimari ature and e e a standard CO n could best by de a only kn a influence an aT'e f the Corridor Gencol Booth B..i-@@ Pi.n Am-dm@nts Pag. 11 October 15, IM rat L d of the ulevar fr tQ u t u b f devel d The land c e e itself, of rate land use in thi no e' and Nimm e. betwe @cu @Xly integr f th S. Based he fi desipn fo-r t 12ossess design S Desi Guidelines During the de ce ex identified. Natural a significan sand( and siniilar natural featur 'n de e a sens f t)lace can be expand ess. All significant views 12resent within tbe-stlid nd enhanced. Access and rculati n 'ne 12rovision of clear and convenient vehicular and non-ve icular c all new devel r ori I GENERAL BOOTH BOULEVARD CORRIBOR STUDY Gen.ml Booth Bo.le-ld PI.. A.@.d@@nts Pap 12 October 15, 1992 r ce Vehi l,' 1 Direct acc fro- 2'. a d ment ne- is n s 31. Er, ssiin e A aterial to make he dr 1 enc ura ed. 4,' W wi a em. 5,' P, I andsc edi 6', Prototype Commercial Site Design DIAGRAM APPENDIX-111-1 Fir] Gon.r.1 @th B..I-ld Pi.. A.@.d.enL. OCtob., 15, 1M P.g. 13 This pathwu shc ri of eitber concrete, asphalt, or some other sur ace ma erial that is Dermeable in nature_ '.'---',;ng Areas The visual al?12ea lots is controlled in 12art by adol2ted but tbere are additional location and circulation cbaracteristics tbat can further iMDrove the al2l2earance and function of lots, 1.1 The Coml2rehensive Plan recommebds locatiniz 12arking areas toward the rear of the site while locating buildings toward the front. Furtber, this parking area should.be broken ul2 into separate sub-areas to avoid tbe 'sea of asl2halt' al2pearance. B@ siting buildings as described in the Setbacks section, this can be accoml2lished. 2,' Landscal2ing for the 12arkin,2 area should be strateizically located tQ @Vide visual relief, shadiniz of the lot. izreen areas, and screening while -.nsuring that lines-of-sigbt are maintained, both at the time of 121anting and when tbe 121ants have matured (see Landscai?ing section below@@ 3,' @ccess between parkin2 areas on sel2arate lots sbould be accoml2lished through use of 5hared-access easements which join the lots. Individual curb @ts for each 12arking area onto the bighways of the study area is discouraized. Internal circulation roads on a 12arcel should be designed vAth stubs to adjoininp- undeveloi2ed 12arcels that vlill 12rovide this future shared access, 4,' A special area for the 12arkin2 of bicvcles should be Drovided on site with ready access to tbe 12edestrian/bi@cle 12athway system, LandscQing 1.1 This Plan notes tbat. "Retail service uses or sbol2l2ing centers tbat adjoin areas 121anned for Tesidential use should 12rovide effective screening and locate loading docks and trash areas in a manner that significantly minimizes related noise and odor." LandscUD-e 121ants should be 12rovided as an effective buffer between such uses in accordance Y,,ith ordinance requirements. G@.eml Booth Bo.lewrd Plan A.C.d.enB Octob.r 15, 1992 P.g. 14 2.1 Screening mgy include fences, crows and massin2 of 121ant material, All be designed with durable materials otbe from a selection of hardy native 12]ant materials. If walls are iised, they should match the dominant material and colg_r used inthe building@ L ould be maintained between the building, trash enclosure area, and..-the wall 121ane used for screening, Hei2ht anti nlacement of th es should COM121Y with Zon uirements. 3. 'nis Plan notes that. "Safe lines-of ts that meet or excecd develol2ment st@ wavs be considered when selec and location of land,.;caoing at critical areas sueb as intersections, parkiniz lot crosswgys and drivewus." (12.11-1-5). 'ne size of tbe olants @ ritv should be considered. Additionally, an inspection and . maintenance sched@ule shotild be developed and adhered to to insure that lines-of-siizht a de tiate at all times, 4.1 Within the Dam Neck Node and the Corporate Landiiii! Node, landscal2ing within the ,etback adiacent tQ.Cyencral Booth Boulevard, Dam Neck road, and Ferrell Parkwgy must abide, witli tbe existing ordinance requirements. 51. Within the Nimm clearing of velyetation should be conducted witbin the setback from the roadway to the building line. Existiniz trees and groundcover should remain as they are, Clearing in this area should be confined to the absolute minimum re ired for tbe drivewU access and utility lines to the site (12rovided these are peEpendicular t@ Pedestrian and i cle athwa can be constructed within the setback area if they are constructed so that thgy do not substantially reduce the veizetation vathin the setbac . Ligbtin2 fixtures, signs, and clearina for adeauate lin@-of-sii!ht can also be conducted if clearing of vepetation is minimal. If no..vegetation in the form of youniz or mature trees and groundcover is 12resent, 12]anting of the area with a sufficient number of trees and izrou dc ver that will arow to compalabl-e beights should be conducted as 12art of the develol2ment process. The setback area should be 12rotected by use of ement. Genemi B@th B..I.-,d Plan Ani.@d.,@ts Pag. 15 Octob.r 15, 1992 e t ana e-ei ne, encour@ enities. Grass s le h uld be u I le- Wh n, 3'@ her of Liizhting en d provide ffici t il 2'@ and the pedestrian le f tbe be low in bei ht o e ,in a illuminati n. Fixture sh Id i nificance f Ni- 31 ri]2ed section, All sip-ns sh @uilding, 'ne overall surface area and h,-i ht st e in c e Zoniniz inance Genemi @th Bo.le@rd Plan A-.nd..nt. P.F,. 16 October 15,1992 erl t eti whi 21, ho a the u ine e t Ii h- n 3 In . w r i 'c iden@ti i in@lec @l h t in ifi e a rily fention. 4.1 Si nf@ nd theme tf the c mTn natural site features. 5. All-fre rvel M nt 6,' d the ii tin- fixt r v,,-r th i r imilar mat N de b uld e S t a@k and B il in cation ment t)arc I in r I i n' roaci int re id ntial d v 10 R dential G.neml Bmth Bo.lo@ Plan Am--dm@nts P.g. 17 Octobcr 15, 1992 1 Residential evel ment, ed in the 21 y the setback tha e of ment. Parkinil areas in multi- Id be situated so as - to be directed frQ "k arance i ed The arra k be av ided. 31, Sinlzle-family resid tbe 1. n Iv tonsist any residential structures area use of a 12rotective easement o -Re idential 1 buili Lydnerallv oriented toward tbe front of tbe lot within a well landsca]2ed @en area while locating the 12arkinp and loadiniz areas to the rear of the lot ... the heiizht- bulk, nd ar structurea b uld conve urin su tantial a sen e of ennes ensurir_ 2'. mce p uildin ne l t Re Buildings should be at hi er t ck' :o the street sbould be limited along the front to 'C,.n,.l @th Do.Ic-,d Plan Am@.d.@.ts Octobcr 15, 1992 Pag. Is v m ri nous ri se th hi bwa Buildinizs should be ori lurage 4 uil above 5L 012en apace areas should be included as 12art of the deve]opment a-nd be strategically located in coniunct@ !e area i-n an d a@cen ay (fiiture t StOI2)- 6,' lie uildi an ar he gite to ement from bu,@ s ace t 1 another. Building Design Guide l@nes the d- a tant, the actual d n of the buildinia in relation u the surr Good site desijzn can huilding design co=ensate for ite de rrelated. Tbis section D bt diniz design that sbould b othier structu Corridor. Due to the tQ od. in these guidelines to gn reconung-ndations specific to each node. The out is design. m ati ili The relatio las-. b uilt. is Ocn@mi @th Bo.1-rd Pian A.@nd.@nt. Oclob.r 15, 1992 Page 19 gh the scal-e mass, heip-ht. and 1 1,1 Scale is vital to acbi@niz gQml2atibiliiy, 'ne ratio of the parts of a structure to the entire structure, the structure's size in r its slirroundings, and the str-ucture's size in relationshil2 to an individual are the three most important aSl2ects n even more important in the NiTnmo Church Node than anv of the other nodes. 1'. 21, 'ne mass, or overall size, and --- ture should be undinizs. ne cl-@er the buildine or structure is to eight 5hould be. In the Dam Neck Node. an e: create a sense of place at this node, mass and height b uld increase tbe closer the ion. 'ne eff@rt is to create an easily recopniz ble nd se in the qualiiy .f the I;ite de i n including amenities and I d ca in - Proportion is the relationship on one ther. If proportion is correct, order seems to 12revail, Each coml?onent of a building sbould have go6d 12rol2ortion (height to vadth of a door. for examl2lc). the relationshil2 of each component to each other (wall to window, for examl2le) the ratio of buildiniz mass to the s r)rooortion. Correct nrodortion is more important the closer the site is to the Nimmo Church Node. Overall Design Elements T'bis section vall focus on various asl?ects of building design tbat should be, addressed fOTany structure to be located aloniz the corridor. V, 'ne side or rear from a roadway should be desilned so as to possess as milch detail as the 12rimaiy facade oriented toward General Booth B evard. Vi ual interest ul e ri tails, varied roof lines, consistent textures and color, etc, In the case of multi- family buildin2s. staizgered 121acement of the buildinlys can create that interest, G..cml @th 130.lc-,d Pi.n A.,.d.,@ts p.g. 20 October 15, IM 2 teri e od Quali in sidinps m e, te; 3', eril surroundin ar a Briph e rade-arl o@l n the, IS not 0 tru ive. The a ro rae ceE suf icient t att.ract the necesa acc-ent. 41, de )ed reta ret il center 51, hat do 6 "n hei ht ulk d achi a"n . - 32 - Item III-K].h. PUBLIC HEARING ITEM # 36170 PLANNING 7he following registered to speak.- Mike Kensler, Hampton Roads Co-ordinator for the Chesapeake Bay Foundation, Phone: 622-1964 John Marshall, Phone: 428-6384 F. Andrew Heatwole, Phone: 473-8575 Barbara Henley, 3513 Charity Neck Road, Phone: 426- 7501 rcpresenting &4 VE Sue Carlyle, 1425 Alanton Drive, Phone: 481 -2538 Rae H. LeSesne, 5325 77iornburg Lane, Phone: 497-8008 Maurice Jackson, 1125 Ditchley Road, Phone: 428-1470 Michael L &niley, ASL,4, Landscape Architect, Chesapeake Bay Local Assistant Department, 805 East Broad Street, Suite 701, Richmond, kirginia 23219 A MOTION was made by Councilman Baum, seconded by rice Mayor Sessona, to ADOPT the Ordinance to AMEND the Chesapeake Bay Preservation Area Ordinance (Appendix F) re Resource Management Area Designation, nontidal wetiandy definition, erosion and sediment controlfor nonconforming structures and uses, swimming pool exemptions definition of redevelopment, water dependent facilities, default load for stormwater management, intensely developed areas and definition of public roads. Upon SUBSTITUTE MOTION by Councilman Moss, seconded by Councilman Dean, City Council DEFERRED until the City Council Session of November 10, 1992: Ordinance to AMEND the Chesapeake Bay Preservation Area Ordinance (Appendix F) re Resource Management Area Designation, nontidal wetlands definition, erosion and sediment control for nonconforming structures and uses, swimming pool exemptions, definition of redevelopment, water dependent facilities, default load for stormwater management, intensely developed areas and definition of public roads Voting: 6-5 Council Members Voting Aye: Linwood 0. BrancA III, Robert W. Clyburn, Robert K Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Voting Nay: John A. Baum, James W. Brazier, Jr., Louis R. Jones, Paul J. Lanteigne and rice Mayor William D. Sessoms-, Jr. Council Members Absent.- None October 27, 1992 - 33 - item iii-M.I. NEW BUSINESS COUNCIL-SPONSORED ITEM ITEM # 36171 Upon motion by Councilman Lanteigne, seconded by Councilman Brazier, City Council ADOPTED., Resolution directing the City Manager study the financial impact of praviding additional tax relief to elderly and disabled individuals by increasing the income andfinancial worth limitations under Section 35- 64 of the Code of the City of Virginia Beach, Virginia; and, imposing a lower personal property tax rate on a motor vehicle owned by qualified elderly or disabled individuals as authorized and allowed by State law. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. BrancA 111, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Naticy K Parker and Vice Mayor WzUiam D. Sessoiw, Jr. Council Members Voting Nay: None Council Members Absent: None October 27, 1992 Requested by Councilman Paul J. Lanteigne I A RESOLUTION DIRECTING THE CITY MANAGER TO 2 STUDY THE IMPACT OF PROVIDING ADDITIONAL TAX 3 RELIEF TO ELDERLY AND HANDICAPPED INDIVIDUALS 4 BY INCREASING THE FINANCIAL LIMITS FOR REAL 5 ESTATE TAX DEFERRAL OR EXEMPTION; AND BY 6 PROVIDING A LOWER PERSONAL PROPERTY TAX RATE 7 ON THAT INDIVIDUAL'S MOTOR VEHICLE 8 WHEREAS, the State Code authorizes the governing body of 9 any county, city, or town to adopt an ordinance which provides for 10 the exemption from, and/or deferral of, taxation for real estate 11 owned by an individual who is at least sixty-five (65) years of age 12 or is permanently and totally disabled; 13 WHEREAS, the State Code further provides that any such 14 local governing body may, by ordinance, levy a tax on one (1) motor 15 vehicle owned and used by or for any individual who is at least 16 sixty-five (65) years of age or is permanently or totally disabled 17 at a rate different from the tax levied on other tangible personal 18 property; 19 WHEREAS, both provisions of the State Code set forth the 20 maximum income and financial worth limitations that an elderly or 21 disabled individual may not exceed in order to be eligible for the 22 exemption or deferral of real estate taxes or the imposition of a 23 different personal property tax rate on his or her motor vehicle; 24 WHEREAS, the State Code authorizes the City of Virginia 25 Beach and other designated localities to raise the standard maximum 26 income and financial worth limitations; 27 WHEREAS, pursuant to State law, the City of Virginia 28 Beach has, by ordinance [S 35-64], provided for the exemption, 29 deferral, or freeze of real estate taxes for qualified individuals 30 who are at least sixty-five (65) years of age or are permanently or 31 totally disabled, but has not adopted the maximum income and 32 financial worth limitations allowable under State law; 33 WHEREAS, the City has not adopted an ordinance to provide 34 for a different personal property tax rate for a motor vehicle 35 owned and used by or for any individual who is at least sixty-five 36 (65) years of age or is permanently or totally disabled; 37 WHEREAS, many elderly and disabled individuals live on 38 fixed incomes; 39 WHEREAS, many more elderly and disabled individuals rely 40 on social security benefits as their sole or primary source of 41 income; 42 WHEREAS, low interest rates precipitated by the current 43 economic recession have substantially decreased the earning 44 potential of elderly and disabled individuals on their investments; 45 WHEREAS, the federal government recently announced that 46 the increase in Social Security benefits for 1992 will be the 47 smallest increase since 1987; and 48 WHEREAS, it is the desire of the City to assist its 49 elderly and disabled citizens to the extent of its ability in light 50 of its own financial difficulties. 51 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 52 OF VIRGINIA BEACH, VIRGINIA: 53 That the City Manager is hereby directed to study the 54 financial impact on the City that would result from (1) raising the 55 income and financial worth limitations under SS 35-64 of the City 56 Code, and (2) adopting, by ordinance, the imposition of a different 57 tax rate on a motor vehicle owned by a qualified elderly or 58 disabled individual as authorized and allowed by State law. 59 BE IT FURTHER RESOLVED: 60 That the City Manager is hereby directed to return to the 61 Council with a report of his findings prior to the presentation of 62 the FY 1992-93 Operating Budget. 63 Adopted by the Council of the City of Virginia Beach, 64 Virginia, on the 27 day of October 1992. 65 CA-4873 66 ORDIN\NONCODE\STUDY.RES 67 R-2 2 - 34 - Item 111-Nl. ADJOURNMENT ITEM # 36172 Mayor Obemdorf DECLARED the City Council Meeting ADJOURNED at 10:50 P.M. @- -@- - -0-@ -@ -------- Beverly 0 Hooks, CMC Chief Deputy City Clerk @u h Hodges Smith, CMCIAAE City Clerk M y@r. E. b@,,,d.@ Mayor City of Virginia Beach Virginia October 27, 1992 Prototype commercial Site Design DIAGRAM APPENIDIX-111-1 I N -.-- --ow i I u ,l 0 E i 0 @l p ! 0 -i 11 3 1 11 I 0 0 1 ExV I :N 0 0 @, n F] 'V . General Booth Boulevard Plan Amendments page 17 October 15, 1992 Residential developments should abide by the concepts detailed in the C~-~ommunity Aesthetics chapter Of this Plan on page I1-I-2.. Multi-family residential structures should abide by the setback ~rovisions of the City_ Zoning Ordinance. Structures should be sited so as to create courtyards or open spaces that promote a "sense of place" or a human scale for the development. Parking areas in multi f~amily residential developments should be situated so as' to b~ u__nobtrusive, not visible from the arterial highway, and provid~ adequate access to the units. Particular attention should be directed_ at the appearance of the buildings from the arterial highway created .~v the way in which the buildings are sited. The "barracks" appearance s._hould be avoided. Single-family residential neighborhoods should apply the " 1 described on page II-!- "n_xighborhood boundary concept as thorough y - 2 of this Plan. This Plan notes that, "These boundaries usually donsis_t of well landscaped greenbelts...." Residential structures should never ~rront or back onto the arterial highways within the study area. A wide. l~ndscaped buffer or a stormwater BMP pond adjacent to the highway. right-of-way should be provided before any residential structures area sited. This buffer should be protected from future alteration througl[ use of a protective easemenL. ~Non-Residential This Plan notes that,"Commercial buildings should be general!$ oriented toward the front of the lot within a well landscaped green area while locating the parking and loading areas to the rear of thc. lot...the height, bulk, and architecture of these structures should conveg a sense of openness, ensuring substantial sunlight access."(page II-I-6) "Consolidation of buildings within office parks is preferable to the one b~uilding one lot development." (page II-I-5) ~Buildings should be situated closely to the highway just beyond th~ buffer setback: The length of the wall parallel to the s~treet should be limited along the front to