Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink AboutJUNE 4, 1984 MINUTES Cit@<Df "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR I-OUIS R. ]ONES, B.y@id@ B.,..gb VICE-MAYOR BARBARA M. HENLEY, P..g. B.,..gb JOHN A. BAUM, B.,..gh NAtVCY A. CREECii. At L.,g. tiAROLD ffEISCHOBER, A, L.,g, H. JACK JENNINGS, JR., Ly..b.... B.-.gb ROBERT G. ]ONES, A, L.,x@ W. Ii. KITCifIN, Ill. Vigi.,. B ... b REBA S. M,CLANAN. A..@ B.-gh 212 CITY HALL BUILDING 1. PIENRY M,COY. JR., K@.p@.ill@ B.-.gb MUVICIPAL CENTER MEYERA E. OBERNDORF, At L.,g@ VIRGINIA BEACH, VIRGINIA 23456 RUTH HODGES SMITii, CMC, Cily Cl,,k (804) 427-4303 CITY COUNCIL AGENDA June 4, 1984 ITEM 1. INFORMAL SESSION: 12:30 p.m. A. CALL TO ORDER - Mayor Louis R. Jones B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. DISCUSSION OF PERTINENT MATTERS 1. Matters for discussion by Kayor. 2. Matters for discussion by Council. E. CITY MANAGER'S ADMINISTRATIVE ITE14S 1. Evaluation of Cablecasting of Council Meetings: Discussion. 2. Council Meeting Dates in July: Discussion. 3. Interim Financial Statesents for July 1, 1983, through April 30, 1984: Discussion. 4. Review of Consent Agenda ITEM II. FORMAL SESSION: 2:00 p.m. A. INVOCATION: Father George Paulson St. Nicholas Greek Orthodox Church of Va. Beach B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATZS OF AMERICA C. ELECTRONIC ROLL CALL OF COUNCIL D. HINUTES OF PREVIOUS MEETING 1. Motion to accept/approve the Minutes of May 21, 1984. E. PRESENTATION 1. Resolution of Appreciation - Francis E. Mercer (Police K-9 Cemetary) F. PUBLIC HEARINGS 1. Ordinance to amend and reordain Chapter 10, Sections 10.1 and 10.2 of the Code of the City of Virginia Beach pertaining to election districts and voting places within the City of Virginia Beach (Bellamy District). 2. Proposed budgetary increase to appropriate additional funds of $7,550 for the Pendleton Child Service Center. G. RESOLUTION 1. Resolution encouraging the Newport News Redevelopment and Housing Authority to issue its industrial development revenue bonds to assist Barnett-Range Corporation in constructing a 504-unit multi-family residential rental project. H. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one notion in the form listed. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. 1. Resolution of Appreciation to Francis E. Mercer (Police K-9 Cemetary). 2. Ordinance to amend and reordain Chapter 10, Sections 10.1 and 10.2 of the Code of the City of Virginia Beach pertaining to election districts and voting places within the City of Virginia Beach (Bellamy District). 3. Ordinance to amend and reordain Section 26-26 of the Code of the City of Virginia Beach, Virginia, pertaining to permit required for co=ercial solicitations. 4. Ordinance to transfer $100,000.00 within the Co=unity Development Program. ITEM 11. H. CONSENT AGENDA (Cont'd) 5. Ordinance, on FIRST READING, to accept and appropriate additional funds of $7,550 for the Pendleton Child Service Center. 6. Certificate of Public Convenience and Necessity - Diamond and Yellow Cab Companies (Herbert Dise) (This matter was deferred for two weeks on May 21, 1984. The City Manager recommends deferral for an additional week.) 7. Request of the City Treasurer for tax refunds in the amount of $1,979.65. I. PLANNING 1. Ordinance to amend and reordain Article 11 C. of the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, pertaining to the PD-H 2 Planned Unit Development District. a. Letter from the City Manager transmits the recommendation of the Planning Comission for approval. 2. Ordinance to amend the Master Street and Highway Plan dated December 16, 1974 in the Sales Road/Elbow Road area. a. Letter from the City 14anager transmits the recommendation of the Planning Commission for approval. 3. Applications of Gallager Associates for changes of zoning on sites located along the east side of Holland Road, south of Landstown Road (Princess Anne Borough): From AG-1 Agricultural District to R-8 Residential District on a 42.319-acre parcel; From AG-2 Agricultural District to R-8 Residential District on a 4.67-acre parcel; From R-8 Residential District to PD-H 2 Planned Unit Development District on a 46-989-acre parcel; AND, From AG-1 Agricultural District to P-1 Preservation District on a 37.842-acre parcel. (These applications were deferred for 30 days on April 9, 1984, and for an additional three weeks on May 14, 1984.) a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval, subject to a site plan being submitted showing a maximum of 249 units. This plan indicates 324 units, which is not in keeping with this recommendation. J. APPOINTMENTS 1. STAMA Private Industry Council ITEM II. K. UNFINISHED BUSINESS L. NEW BUSINESS 1. Request of Albert S. Twiford of 5437 Morris Neck Road for a free-standing mobile home. 2. Initial report of Financial Advisor - Government Finance Associates, Inc. (financing of a water supply from Lake Gaston) M. ADJOURNMENT 1. Motion to adjourn. 8 Item II-D.2 MINUTES ITEM # 22029 Upon motion by Councilwon@an Creech, seconded by Councilman McCoy, City Council APPROVED the Minutes of June 4, 1984, with corrections as follows: Page 25 - ITEM 22010 (ADD-ON) REPHRASE THE FOLLOWING MOTION: TO CORRECTLY READ: Th6 PLANNING COIIMISSION is to look into the possibility of tasteful, permanent signs on land that will be affected by the Flood Plain Ordinances, WARNING that this is a Flood Plain and d6velopment will be restricted. The Planning Commission is to also consider indicating FLOOD PLAINS on some or all City mdps. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, ITI, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 11, 1984 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 4, 1984 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Louis R. Jones in the Conference Room, City Hall Building, on Monday, June 4, 1984, at 12:30 in the afternoon. Council Members Present: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones* Note: Councilman Jones entered the Informal Session at 12:37 p.m. June 4, 1984 - 2 - ITEM # 21985 Mayor Jones entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes. 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the con- dition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such insti- tution. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones June 4, 1984 - 3 - M A T T E R S B Y C IT Y MANA GE R CABLECASTING EVALUATION ITEM # 21986 The City Manager advised that, as part of the Franchise Agreement with Cox Cable, approximately $50,000 worth of equipment was made available to the City of Virginia Beach. The City had anticipated the utilization of equipment and manpower for production of documentaries and training films to be shown on CITY ACCESS CHANNEL 29. As a further result, the City was able to cablecast the Council Meetings since January 9, 1984. After three (3) months of the cablecasting of the City Council Meetings, the citizenry seemed to have a deeper appreciation of Council's delib- erations. All responses received have been positive. The City Manager expressed appreciation to Municipal Cable Coordinator, Brad Burrows, and Public Information Director, Pamela Lingle, for their accomplishments in making this median effective and accessible to the community. JULY CITY COUNCIL MEETINGS ITEM # 21987 The City Manager informed City Council that approximately 44 PLANNING ITEMS are on the June PLANNING COMMISSION Agenda for recommendations to City Council in July. As there are only two (2) Council meetings in July, the City Manager requested Council advise him regarding the scheduling of these items. After deliberation, the City Council, BY CONSENSUS, decided upon the following: July 2, 1984 12:30 "SPECIAL SESSLON" (REORGANIZATION - Election of Mayor and Vice Mayor) (To be followed by INFORMAL with the FORMAL SESSION at 2:00 P.M.) July 9, 1984 11:00 INFORMAL 12:30 "SPECIAL SESSION" (Formal Session) INERIM FINANCIAL STATEMENTS July 1, 1983 through April 30, 1984 ITEM # 21988 Finance Director Giles Dodd explained the INTERIM FINANCIAL STATEMENTS for July 1, 1983 through April 30, 1984. Councilman Jones referenced the section concerning "Revenue from Use of Money and Property". Reference was also made concerning the Restaurant and Meal Taxes. PTI AWARD ITEM # 21989 The City Manager advised that a SPECIAL MENTION AND RECOGNITION AWARD was presented to the City of Virginia Beach's Department of Public Utilities for utilization of volunteer citizen coordinates. PUBLIC TECHNOLOGY, INC. presented the award. June 4, 1984 - 4 - M A T T E R S B Y C I T Y M A N A G E R (Continued) CONSENT AGENDA ELECTION DISTRICTS VOTING PLACES ITEM # 21990 Vice Mayor Henley referenced the Ordinance to amend and reordain Chapter 10, Sections 10.1 and 10.2 of the Code of the City of Virginia Beach per- taining to ELECTION DISTRICTS AND VOTING PLACES within the City of Virginia Beach (Bellamy District) (See Item II-H.2 of the Formal Agenda). Vice Mayor Henley was concerned about confusion that might result from the name change of ARAGONA ELEMENTARY SCHOOL to CENTERVILLE ELEMENTARY SCHOOL when the new school is completed. The General Registrar advised the Jus- tice Department requires application in this way for this Presidential Election and they will have to come back to City Council for another change when the new school is completed. ADD ON GROVER WRTGHT'S LETTER ITEM # 21991 Councilman Jones referenced Attorney Grover Wright's letter of January 27, 1984 concerning changes in the City's Zoning Ordinance with possible eli- mination of A-4 and R-9 categories. Planning Director Robert Scott noted that he had read this letter and will be reviewing this again in conjunction with some of the decisions made in regard to the COMPREHENSIVE PLAN revision. RECESS INTO EXECUTIVE SESSION ITEM # 21992 City Council recessed into EXECUTIVE SESSION at 12:57 p.m. June 4, 1984 - 5 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL June 4, 1984 2:00 p.m. Council Members Present: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None INVOCATION: Father George Paulson St. Nicholas Greek Orthodox Church of Virginia Beach PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA June 4, 1984 6 Item II-D. 1 MINUTES ITEM # 21993 Upon motion by Councilwoman McClanan, seconded by Councilwoman Oberndorf, City Council APPROVED the Minutes of May 21, 1984, with corrections as follows: Page 41 - ITEM # 21973 (ORDINANCE UPON APPLICATION OF E.S.G. ENTERPRISES FOR A CONDITIONAL USE PERMIT FOR RE- CREATIONAL FACILITIES OF AN OUTDOOR NATURE (Amusement Park: "Old Virginia", "Fantasy Land", "Camelot and History Land" and "MarineLand". R0584638) INSERT the word "AMENDED" before the word AGREEMENT in the second paragraph as follows: The AMENDED AGREEMENT between E.S.G. ENTERPRISES, INC., and the City of Virginia Beach dated May 16, 1984, is also incorporated into this Motion. (Said Agreement is hereby made a part of the proceedings.) The AMENDED Agreement will then replace the old Agreement as part of the proceedings; AND, SUBSTITUTE Condition No. 8 with the following condition: 8. 8. Excessive noise shall be cause for revoking the use permit after proper notice and hearing by City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: June 4, 1984 None - 7 - Item II-E.1 PRESENTATION ITEM # 21994 A RESOLUTION OF APPRECATION was RESCHEDULED until the City Council Meeting of June 11, 1984 to the following: FRANCIS E. MERCER (Police K-9 Cemetary) June 4, 1984 8 Item II-F.I. PUBLIC HEARING ITEM # 21995 Mayor Jones declared a Public Hearing on the following: ORDINANCE TO AMEND AND REORDAIN CHAPTER 10, SECTIONS 10.1 AND 10.2 OF THE CODE OF THE CITY IF VIRGINIA BEACH PERTAINING TO ELECTION DIS- TRICTS AND VOTING PLACES WITHIN THE CITY OF VIRGINI.A BEACH (BELLAMY DISTRICT). Inasmuch as there were no speakers, Mayor Jones closed the Public Hearing. June 4, 1984 - 8a PUBLIC NOTICE The Virginia Beach City Council will hold a PUBLIC HEARING in the Council Chambers at 2:00 p.m., Monday, June 4, 1984, for the purpose of a propoaed change to election districts and voting places within the City of Virginia Beach as follows: AN ORDINANCE TO AMEND AND PEOPDAIN CHAPTER 10, SECTIONS 10.1 AND 10.2 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO ELECTION DISTRICTS AND VOTING PLACES WITHIN THE CITY OF VIRGINIA BEACH BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: @That Chapter 10, Section 10.1 and 10.2 of the Code of the City of Virginia Beach is hereby amended and reordained as follows: Section 10-1. Establishment of election districts and voting places. There are hereby established in the City of Virginia Beach the following election districts and their respective voting places, as set forth below: ELECTION DISTRICTS VOTING PLACES Alanton Alanton Elementary School Aragona Centerville Elementary School Arrowhead Arrowhead Elementary School Bayside Bayside Elementary School Bellamy Indian Lakes Elementary School Blackwater Blackwater Fire Station Bonney Center for Effective Learning Brandon Brandon Junior High School Cape Henry Research and Enlightenment Building Capps Shop Mosquito Control Building Chesapeake Beach Chesapeake Beach Fire Station College Park College Park Elementary School Courthouse Courthouse Fire Station Creeds Creeds Fire Station Davis Corner Bettie F. Williams Elementary School Fairfield Fairfield Elementary School Great Neck John B. Dey Elementary School Green Run Green Run Elementary School Holland Holland Elementary School Kempaville Point 0 View Elementary School Kings Grant Kings Grant Elementary School Kingston Kingston Elementary School Lake Christopher New Covenant Presbyterian Church Lake Smith Shelton Park School Larkspur Kempaville Meadows Elementary School Linkhorn Linkhorn Park Elementary School London Bridge London Bridge Baptist Church Lynnhaven Lynnhaven Colony United Church of Christ Malibu Malibu Elementary School Mt. Trashmore Windsor Woods Elementary School Oceana Virginia Beach Moose Lodge #1998 Ocean Park Bayside Christian Church Old Donation Old Donation Center for Gifted Pembroke Pembroke Meadows Elementary School Plaza Lynnhaven Elemenetary School Providence Kempaville Recreation Center Red Wing Fire Training Center Seatack Seatack Elementary School Sigma Sandbridge Fire Station Stratford Chase Calvary Assembly of God Thalia Thalia Elementary School Thoroughgood Independence Junior High School June 4, 1984 8b Timberlake White Oaks Elementary School Trantwood Trantwood Elementary School Virginia Beach - A Galilee Episcopal Church Virginia Beach - B Virginia Beach Junior High School Virginia Beach - C Cooke Elmementary School Windsor Oaks Windsor Oaks Elementary School Witchduck Luxford Elementary School Wolfsnare Regency Clubhouse Woodatock Avalon Church of Christ Central Absentee Voter Election District Agriculture/Voter Registration Building Section 10-2. Hap of election districts. (a) The geographical boundaries of the election districts set forth in Section 10-1 are hereby established as delineated on a certain map prepared by the planning staff of the city and captioned "Election Districts," which map is hereby approved. (b) The clerk of the council ahall endorse on the map referred to in subsection (a) above the date of the council's approval thereof and file the original map, with the minutes of the meeting at which such map was approved, in the records of her office, and shall cause exact copies thereof to be filed with the general registrar of the city, the clerk of the circuit court and the planning department. This ordinance shall be effective upon approval by the United States Attorney General under the Voting Rights Act of 1965. R h@Hdg@ City Clerk/Clerk of Council June 4, 1984 - 9 - Item II-F. 2 PUBLIC REARING ITEM # 21996 Mayor Jones declared a Public Hearing on the following: PROPOSED BUDGETARY INCREASE TO APPROPRIATE ADDITIONAL FUNDS OF $7,550 FOR THE PENDLETON CHILD SERVICE CENTER. Inasmuch as there were no speakers, Mayor Jones closed the Public Hearing. June 4, 1984 9a PUBLIC NOTICE PUBLIC HEARING CITY OF VIRGINIA BEACH, VIRGINIA PROPOSED BUDGETARY INCREASES FOR THE 1983-1984 FISCAL YEAR Pursuant to Chapter 2, of the City Code, a public hearing will be held by the City Council in Council Chm- bers in the City Hall Building on Monday, June 4, 1984 at 2:00 p.m., to discuss proposed increases in the Operating Budget for Fiscal Year 1983-1984 as follows: PROPOSED INCREASES Pendleton Child Service Center I?und: U.S. Department of Agriculture Grant $ 7,550 ESTIMATED REVENUES Pendleton Child Service Center Fund: Revenue from the Commonwealth $ 7@550 Individuals desiring to provide oral comment should register before the hearing begins with the City Clerk's office on the second floor of the City Hall Building or by calling 427-4303. by 7J@ - De P-i-N Ruth Hodges Smith, CMC City Clerk . . . . . . . . . . . . . . . . . . . . . To appear in the Virginia Beach Sun Wednesday, May 23, 1984. . NOTE . . . . . . . . . To appear in the Virginia Beach Bea- . con, Sunday, May 27, 1984. . PWC ll/ADV . . . . . . . . . . . . . . . . . . . . . . June 4, 1984 - 10 - Item II-G. I RESOLUTION ITEM # 21997 Keith Quinney, representing Barnett-Range Corporation, was in attendance, but did not speak David Jessee, representing Barnett-Range Corporation, was in attendance, but did not speak Robert Engesser, spoke concerning real estate taxes and an American Flag recently removed from the Kempsville Library Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council ADOPTED the following: RESOLUTION ENCOURAGING THE NEWPORT NEWS REDEVELOMENT AND HOUSING AUTHORITY TO ISSUE ITS INDUSTRIAL DEVELOPMENT REVENUE BONDS TO ASSIST BARNETT-RANGE CORPORATION IN CONSTRUCTING A 504-UNIT MULTI-FAMILY RESIDENTIAL RENTAL PROJECT IN VIRGINIA BEACH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 4, 1984 - 10a - suMMARY SHEET C.ITY 01,' VIRGI-NIA BEACII DEVET-.OPMENT AUTIIORITY APPROVAL OF INDUSTRIAL DEVELOPMENT REVENUE BOND 110 BE ISSUED BY FEWPORT DIFWS PFT)EN7FT,nPMFNT At,'T) T4nTiqjtllr. AT]TFTO-RLTY 1. PROJECT NAME: Barnett-Range Corporation 2, LOCATION: Indian River Road near its inter- section with Ferrell Parkway 3. DESCRIPTION OF PROJECT: 504 unit multi-family residential rental project 4. AMOUNT OF BOND ISSUE: $19,000,000 5. PRINCIPALS: Barnett-Range Corporation, a California corporation 6. ZONING CLASSIFICATION: Ilt-L,@ctiL zuiiitly classification of the Property PDH b. ls rezoiiing proposed? No c. If so, to what zoning classification? The purpose of this Resolution is to encourage and iiivite the Newpgrt News Rede-velopmelit and Holls3,l)g AuthoritV to i.ssuo. its special reveiiue boiid@ for the beilefltof BariieL@t-Raiigo Corporatic)il- A fiscal impact statement will be attached to and submitted with the Resolution approviiig the issuaiice of the boiids- June 4, 1984 10b - RESOLUTION WHEREAS, Barnett-Range Corporation, a California corporation (the "Developer"), desires to acquire, construct and equip a multi- family housing project consisting of 504 housing units and associated amenities (the "Project") in the City of Virginia Beach, Virginia, and to operate the Project so as to make available at least 20% of the housing units to person of low or moderate income; and WHEREAS, the City of Virginia Beach wishes to foster the availability of housing to persons of low or moderate income; and WHEREAS, the Developer desires to finance the acquisition, construction and equipping of the Project with the proceeds of industrial development bonds exempt from taxation pursuant to Section 103(b)(4)(A) of the Internal Revenue Code; and WHEREAS, the Newport News Redevelopment and Housing Authority has the power to make loans for assistance in housing construction by private sponsors, and has the power to issue its bonds for the benefit of the Developer to make such a loan; and WHEREAS, there is a shortage of safe or sanitary dwelling accommodations in the City of Virginia Beach available to persons of low income at rentals they can afford; and WHEREAS, these conditions can best be remedied through the exercise of the Newport News Redevelopment and Housing Authority's powers with the City of Virginia Beach; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. There is a need for the Newport News Redevelopment and Housing Authority to exercise its aforesaid powers within the City of Virginia Beach for the purposes hereinabove described, and the Authority is invited and encourage to issue its bonds for the benefit June 4, 1984 of the Developer and the futherance of said purposes. 2. The Chairman or Vice-Chairman of or counsel selected by the Authority is hereby authorized to attend to the institution of a proceeding on the Authority's behalf, if requested to do so by the Developer, in the Circuit Court of the CitY of Newport NeWs to provide for the judicial validation of the bonds pursuant to Article 6, Chapter 5, Title 15.1 of the Code of Virginia of 1950, as amended, and, in connection therewith, to take whatever further action, inclu- ding the prosecution of an appeal, as is deemed necessary or desirable in order to provide for validation of the bonds. 3. These resolutions shall not be deemed an endorsement of said bonds or the creditworthiness of the Authority, the Developer or any other person or entity, and the bonds shall provide that the City shall not be obligated to pay the bonds or the interest thereon or other costs incident thereto, and neither the faith and credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged therefor. ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, ON June 4, 1984. RESOLUTIONS #2/BARNETT-R - 2 June 4, 1984 10d CONTINUE; ON P GE@ll 4 c UGL QO@, NN C, 0 z z c 0 Project Name: Barnett-Range Corporation Project Address: Indian River Road near I its intersection with tNtZ)ArtAr, E I Ferrell Parkway -4 I IhATER1/2%AY) I Type of Project: 504 Rental Units 3322 RLE FA R Ii. C.M.C Item II-H CONSENT AGENDA ITEM 21998 Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council APPROVED, in ONE MOTION, Items 1* 2, 3, 4, 5, 6@ and 7 of the CONSENT AGENDA. Item No. I was RESCHEDULED, until the City Council Meeting of June 11, 1984. Item No. 6 was DEFERRED for two weeks until the City Council Meeting of June 18, 1984. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 4, 1984 - 12 - Item II-H.1 CONSENT AGENDA IT124 # 21999 Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council RESCHEDULED until the City Council Meeting of June 11, 1984, a Resolution of Appreciation to FRANCIS E. MERCER (Police K-9 Cemetary). Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 4, 1984 - 12a - R E S 0 L U T I 0 N WHEREAS, the late Mr. Jesse M. Mercer had a great love for animals; and WHEREAS, he founded the Garden of the Pines Pet Memorial located on Salem Road in Virginia Beach; and WHEREAS, Mr. Mercer, out of his love for animals, often permitted the use of his cemetary for the burial of Police dogs at a minimal cost; and WHEREAS, Mr. Francis E. Mercer, brother of the late Jesse Mercer, hearing of the wish of the Virginia Beach Police Department to develop a Police K-9 Cemetary, has indicated his desire to make a donation toward this cause in memory of his brother; and WHEREAS, he would like to donate $500 for the devel- opment of this cemetary and this amount has been determined to cover the cost of materials and labor for such a project; and WHEREAS, his only request is that an inscription on the monument at the cemetary read "Donated in Memory of Jesse M. Mercer"; NOW, THEREFORE, BE IT RESOLVED THAT THE COUNCIL OF TRE CITY OF VIRGINIA BEACH, VIRGINIA, accepts this contribu- tion by Mr. Francis Mercer in memory of his late brother, Mr. Jesse Mercer; and BE IT FURTHER RESOLVED that Council expresses its appreciation to Mr. Francis E. Mercer for this contribution for a Police K-9 Cemetary for the City of Virginia Beach. Given under my hand and seal this Fourth day of June, Nineteen Hundred Eighty-Four. Mayor June 4, 1984 - 13 - Item 11-H.2 CONSENT AGENDA ITEM # 22000 Upon motion by Councilman Baum, seconded by Councilman Heischober, city Council ADOPTED an Ordinance to amend and reordain Chapter 10, Sections 10.1 and 10.2 of the Code of the City of Virginia Beach pertaining to ELECTION DISTRICTS AND VOTING PLACES within the City of Virginia Beach (Bellamy District). Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 4, 1984 - 13a - AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 10, SECTIONS 10.1 AND 10.2 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO ELECTION DISTRICTS AND VOTING PLACES WITHIN THE CITY OF VIRGINIA BEACH BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 10, Section 10.1 and 10.2 of the Code of the City of Virginia Beach is hereby amended and reordained as follows: Section 10-1. Establishment of election districts and voting places. There are hereby established in the City of Virginia Beach the following election districts and their respective voting places, as set forth below: ELECTION DISTRICT VOTING PLACES Alanton Alanton Elementary School Aragona Aragona-Blementary-Scheal Centerville Elementary School Arrowhead Arrowhead Elementary School Bayside Bayside Elementary School Bellamy Indian Lakes Elementary School Blackwater Blackwater Fire Station Bonney Center for Effective Learning Brandon Brandon Junior High School Cape Henry Research and Enlightenment Building Capps Shop Mosquito Control Building Chesapeake Beach Chesapeake Beach Fire Station June 4, 1984 - 13b - College Park College Park Elementary School Courthouse Courthouse Fire Station Creeds Creeds Fire Station Davis Corner Bettie F. williams Elementary School Fairfield Fairfield Elementary School Great Neck John B. Dey Elementary School Green Run Green Run Elementary School Holland Holland Elementary School Kempsville Point of View Elementary School Kings Grant Kings Grant Elementary School Kingston Kingston Elementary School Lake Christopher New Covenant Presbyterian Church Lake Smith Shelton Park School Larkspur Kempsville Meadows Elementary School Linkhorn Linkhorn Park Elementary School London Bridge London Bridge Baptist Church Lynnhaven Lynnhaven Colony United Church of Christ Malibu Malibu Elementary School Mt. Trashmore Windsor Woods Elementary School Oceana Virginia Beach Moose Lodge #1998 Ocean Park Bayside Christian Church Old Donation Old Donation Center for Gifted Pembroke Pembroke Meadows Elementary School Plaza Lynnhaven Elementary School Providence Kempsville Recreation Center Red Wing Fire Training Center Seatack Seatack Elementary School Sigma Sandbridge Fire Station Stratford Chase Calvary Assembly of God Thalia Thalia Elementary School Thoroughgood Independence Junior High School Timberlake White OakS Elementary School Trantwood Trantwood Elementary School June 4, 1984 -2- - 13c - Virginia Beach - A Galilee Episcopal Church Virginia Beach - B Virginia Beach Junior High School Virginia Beach - C Cooke Elementary School Windsor Oaks Windsor Oaks Elementary School Witchduck Luxford Elementary School Wolfsnare Regency Clubhouse Woodstock Avalon Church of Christ Central Absentee Voter Election District Agriculture/Voter Registrar Building Section 10-2. Map of election districts. (a) The geographical boundaries of the election districts set forth in section 10-1 are hereby established as delineated 6n a certain map prepared by the planning staff of the city and captioned "Election Districts," which map is hereby approved. (b) The clerk of the council shall endorse on the map referred to in subsection (a) above the date of the council's approval thereof and file the original map, with the minutes of the meeting at which such map was approved, in the records of his office, and shall cause exact copies thereof to be filed with the general registrar of the city, the clerk of the circuit court and the planning department. This ordinance shall be effective upon approval by the United States Attorney General under the Voting Rights Act of 1965. Adopted by the Council of the City of Virginia Beach on the 4 day of June 1984. JDB/ER/re (A) June 4, 1984 -3- 14 - Item 11-H.3 CONSENT AGENDA ITEM # 22001 Upon motion by Councilman Baum, seconded by Councilman Heischober, City ADOPTED an Ordinance to amend and reordain Section 26-26 of the Code of the City of Virginia Beach, Virginia, pertaining to permit required for COMMERCIAL SOLICITATIONS. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 4, 1984 - 14a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 26-26 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO PERMIT REQUIRED FOR COMMERCIAL SOLICITATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 26-26 of the Code of the City of Virginia Beach, Virginia, pertaining to permit required for commercial solicitations, is hereby amended and reordained to read as follows: Section 26-26. Permit required. (a) it shall be unlawful for any person to engage in soliciting, selling or taking orders for goods, wares, merchandise, publications, any article for further delivery, or any service or commodity whatsoever, on the public streets, waysp lanes or alleys or in any other public place adjacent to the same, or upon the premises of any private residence or apartment house not having been requested or invited to do so by the owner or occupant thereof, in the city, unless he has a current permit so to do from the city manager. (b) The requirements of this section shall not apply to those who sell or offer for sale in person or by their employees ice, wood, charcoal, meats, milk, butter, eggs, poultry, fish, oysters, game, vegetables, fruits or other family supplies of a perishable nature or farm products grown or produced by them and not purchased by them for sale; persons licensed by the state under title 38.1 of the Code of Virginia (1950), as amended; persons licensed by the Virginia Real Estate Commission, pursuant to section 54-749 of the Code of Virginia (1950), as amended; such activities when they are conducted on behalf of a nonprofit charitable, civic or religious organization; outdoor sales and exchanges which occur as an incidental part of the retail sales activity of a merchant regularly conducting business from a permanent building where such sales are conducted on the premises of the building and in close proximity to said building; occasional garage sales in June 4, 1984 - 14b - residential areas; sales made at flea markets duly licensed by the city; or sales by wholesale merchants to retail merchants or industrial or commercial establishments. Adopted this 4 day of June 1984, by the Council of the City of Virginia Beach, Virginia. RMB/da (H) 5/3/84 5/7/84 June 4, 1984 -2- - 15 - Item 11-H.4 CONSENT AGENDA ITEM # 22002 Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council ADOPTED an Ordinance to transfer $100,000.00 within the COMMITY DEVELOPMENT PROGRAM. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 4, 1984 - 15 a- AN OIWINANCE TO TRANSFER $100,000.00 WITHIN THE ITY DEVELAD P the Office of Housing and ty Development (Hm) for the City of Virginia Beach has identified the need for additional funding of the Newlight Street and the Seatack Street phase I construction projects, and wHEREAs, additional apprcpriations are needed to fund the HCD in t cost paymmt to the city for FY 83, and WHEREAS, furids are available in the C ty Devel t eighth year L<)an and Grant budget, and , the use of these funds for the street projects and the indirect cost payment will not affect the Loan and Grant operation. NOK, BE IT ORDAMM BY THE COUNCIL OF THE CITY OF @INIA BEACH, VIICINIA: That a transfer of appropriations in the amount of $100,000.00 be made within the HCD eighth program year budget as follows: Transfer To Transfer Frcrn PY 8 Newlight Street and Dra@ge 22,673.00 PY 8 Seatack (ph I) Street and Drainage 60,000.00 PY 8 Administration (Indirect Cost) 17,327.00 PY 8 Loan and Grant Fund 100,000.00 Adcpted by the Council of the City of Virginia Beach on the 4 day of 1984. APpp,OVED AS TO coNTENT DEPARTM[NT June 4, 1984 - 16 - Item 11-H.5 CONSENT AGENDA ITEM # 22003 Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council APPROVED, on FIRST READING, an Ordinance to accept and appro- priate additional funds of $7,550 for the PENDLETON CHILD SERVICE CENTER. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McCianan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 4, 1984 - 16a - AN ORDINANCE TO ACCM AND APPROPPJATE ADDITIONAL EUW OF $7,550 EDR THE PENDIETON CHIM SERVICE CENTER City Council approved a revised budget for the Pendleton Child Service Center on March 5, 1984, and WHEREAS, the United States Departrent of Agriculture through the Department of Corrections, will pravide additional funds in the amount of $7,550, and the Pendleton Child Service Center has a need for new kitchen equi@t and repairs to existing kitchen furniture. NOK, RE, BE IT 0 BY THE COUNCIL OF TBE CITY OF VIRGINIA BEACH, @INIA: That the City Manager is hereby authorized to accept the additional funds for the City, and funds are hereby appropriated in the amount of $7,550 for the Pendleton Child Service Center, and BE IT FURniER o@ that the appropriations be financed by $7,550 Estirpated Reverrue frcm the United States t of Agricultur-e. Adopted by the Council of the City of Virginia Beach on the day of , 1984. PLJBLIC HEARING: June 4, 1984 FIRST WMING: June 4, 1984 SEOOND READING: APPP,OVED AS TO CON'R@NT June 4, 1984 - 17 - Item II-H.6 CONSENT AGENDA ITEM # 22004 Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council DEFERRED for two weeks until the City Council Meeting of June 18, 1984, an Application for a Certificate of Public Convenience and Necessity by Herbert Dise, operator of Diamond and Yellow Cab Companies. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 4, 1984 - 18 - Item II-H. 7 CONSENT AGENDA ITEM # 22005 Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council ADOPTED an Ordinance authorizing Tax Refunds in the amount of $1,979.65 upon application of certain persons and upon certification of the Treasurer for payment. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 4, 1984 - 18a - FORM NO. C.A. 7 5/17/84 EMC AN ORDINANCE AUTHORIZING TAX REFUNOS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applicat-lons for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D ate Penalty lnt. Total Y ear of Tax Number tion No. Paid Manufacturers Hanover Mort 80 RE(1/2) 32901-6 11/27/79 58.56 Manufacturers Hanover Mort 80 RE(2/2) 32901-6 5/23/80 58.56 Butrick Corp 83 RE(2/2) 50575-0 6/5/83 40.00 Louise Wood Lyon 83 RE@1/2) 50575-0 12/5/82 40.00 Cameron Brown 82 RE 112) 26308-5 11/25/81 12.51 Cameron Brown 82 RE(2/2) 26308-5 5/25/82 12.51 Cameron Brown 83 RE(1/2) 27357-2 11/29/82 13.90 United Virginia Mortgage 81 RE(1/2) 34899-5 12/5/80 10.34 United Virginia Mortgage 81 RE(2/2) 34899-5 6/5/81 10.34 United Virginia Mortgage 82 RE(1/2) 36098-8 12/5/81 4.62 United Virginia Mortgage 82 RE(2/2) 36098-8 6/5/82 4.62 United Virginia Mortgage 83 RE(1/2) 37354-4 12/5/82 4.53 United Virginia Mortgage 83 RE(2/2) 37354-4 6/5/83 4.53 Sovran Mortgage Co 82 RE(1/2) 37281-3 11/18/81 9.20 Sovran Mortgage Co 82 RE(2/2) 37281-3 5/27/82 9.20 Helen L Foos 83 RE(1/2) 27095-9 12/3/82 17.44 Cameron Brown 83 RE(2/2) 69401-0 11/29/82 25.16 Sovran Mortgage Co 83 RE(1/2) 74819-6 12/3/82 3.76 Sovran Mortgage Co 83 RE(2/2) 74819-6 5/26/83 3.76 Pickett Lyle etc 83 RE(2/2) 11092-6 6/5/83 4.97 Harry & Doreen Huling 83 pp 195300-3 3/26/84 104.34 Wayne R Cupp 83 pp 33011-7 6/5/83 78.78 Ward & Jeanette Edwards 79 pp 28009 1/30/84 92.86 Karin T E Thompson 83 pp 194208-9 3/6/94 2.76 Joseph Flanagan 83 pp 168839-0 11/22/83 188.34 J H Miller N/A Pkng 60882 5/10/84 10.00 !J' Total 825.59 m"ve 2> 11.181 [)'M-'PT. OF @iLW This ordinance shall be effective from date of adoption. The above abatement(s) totaling were approved by the n. -.5,? of the City of Virginia Beach on the 4 day of i-e @A "-fr7e- urey as Approyed as to form: Ruth Hodges Smith City Clerk ii ney e 4, 1984 18b - FORM NO. C.A. 7 5/4/84 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certlflcation of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Da!e Penalty I nt. Total Year of Tax Number tion No. paid Woods Corner Assoc 84 RE(1/2) 94603-3 12/5/83 292.35 Peggy T Adams 83 RE(1/2) 375-7 5/25/83 58.63 Peggy T Adams 83 RE(2/2) 375-7 6/5/83 48.00 Evelyn M Holloway 81 RE@1/2) 35310-3 11/19/80 18.36 Evelyn M Holloway 81 RE 2/2) 35310-3 6/5/81 18.36 Evelyn M Holloway 82 RE(1/2) 36532-2 10/27/81 19.73 Evelyn M Holloway 82 RE(2/2) 36532-2 6/5/82 19.73 Evelyn M Holloway 83 RE(1/2) 37784-4 12/2/82 21.92 Evelyn M Holloway 83 RE(2/2) 37784-4 6/3/83 21.92 Valentine & Turner 83 pp 145774-6 2/29/84 348.45 Charles E Calhoun 83 pp 189083-9 3/6/84 54.53 Larry Notman 83 pp 178775-5 1/31/84 87.27 Henry C Morgan Jr 84 RE(1/2) 60920-0 4/13/84 144.81 Total 1,154.06 iF@CMA'Y DEPT. OF L-6-W This ordinance shall be effective from date of adoption. The above abatement(s) totaling Cer f' a $1,154.06 were approved by the Council of the City of Virginia Beach on the 4 day of June j n T. A tj ir Apploved as t Ruth Hodges Smith City Clerk iol @6IBim6ot( @dit-Y Attorney - 19 - Item II-H.7a ANNOUNCMENTS ITEM # 22006 ADD ON Mayor Jones ACKNOWLEDGED the presence of thirty (30) students in William Daley's Government Class at KELLAM HIGH SCHOOL. June 4, 1984 - 20 - Item II-1.1 PLANNING ITEM # 22007 Upon motion by Vice Mayor Henley, seconded by Councilwoman Oberndorf, City Council ADOPTED the following Ordinance: ORDINANCE TO AMEND AND REORDAIN ARTICLE 11 C OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO THE PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT. The effects of the ADOPTION of this Ordinance shall be as follows: 1. A legislative intent section is added which makes it clear that the flexibility provided is to be used to produce amenities. 2. A means is added by which the P-1 zoning for open space accompanying PD-H2 applications can be de- layed until a more practical time. 3. Criteria are added by which the staff is to evaluate each application. 4. A provision is included by which open space dedi- cated to the City is not labelled as to use and such open space may be later designated by the City as non- open space use. 5. Minimal amount of open space is to be fifteen (15%) percent. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 4, 1984 - 20a - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 11 C. OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO THE PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 11 C. of the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, pertaining to the PD-H2 Planned Unit Development District, is hereby amended and reordained to read as follows: C. PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT. Section 1120. Legislative intent. The purpose of the PD-H2 District is to encourage innovative and attractive housing alternatives to the type of development otherwise permitted in the underlying zoning district. The PD-H2 District may be used as a means of developing lots smaller than otherwise required only when the plan of development is substantially different from that allowed in the underlying zoning district and when the amenities provided in the PD-H2 land use plan create public benefits which offset any detrimental effects of development on smaller lots or at a higher density. Section 4420 1121. Application. Procedures for application for a change of zoning to PD-H2 District shall be the same as for all other zoning categories. in addition to information otherwise required by this ordinance, there shall also be included with the application a proposed PD-H2 land use plan as well as such additional supplementary information as necessary to satisfy the conditions of this article. PD-H2 Districts may be established only in existing residential or apartment districts subject to the general requirements and according to the procedure specified herein. Where the land use plan calls for open space to be owned or maintained by any private entity, then a petition for change June 4, 1984 - 20b - of zoning to P-1 on such land shall be approved before any subdivision plat of the property within the PD-H2 District is approved for recordation or any building permit issued. As an exception to Section 107(g), there shall be no fee charged for such a rezoning petition to P-1, and as an exception to Section 302(a), the minimum lot size requirement of five (5) acres in the P-1 District shall not apply as it pertains to the rezoning of this land. Section 1122. Action by the planning director. If the applications complies with the applicable rules and regulations of this ordinance, the planning director shall transmit the application to the planning commission along with his findings as to the manner in which the application addresses the following criteria: (a) Open space promotion; (b) Preservation of woodlands, waterways, shorelines, and-floodplains; (c) Preservation of historic areas; (d) Preservation of natural or manmade recreational areas; (e) Reduction of long-term municipal maintenance costs; and (f) Compatibility with adjacent housing patterns. City council shall consider the above findings, among other things, in evaluating the applications, provided, however, no application shall be approved which does not conform to the legislative intent expressed in this Article. Section 4424 1123. Minimum tract size. The minimum tract size for PD-H2 development shall be five (5) acres. Section 4422 1124. PD-H2 land use plan. The land use plan shall inelude-the-followingt provide for development of the property within the PD-H2 District in a manner which is compatible with the development and zoning of the -2- June 4, 1984 - 20c - land adjacent to the district. The land use plan shall show how the proposed development of the property would differ from that which would otherwise be permitted in the underlying zoning district and the public benefit to be gained by developing the property in a PD-H2 District. The land use plan shall provide for the following: (a) Location of proposed streets; (b) Proposed number of dwelling units; (c) Total acreage of the site; (d) Proposed housing types, location of areas devoted to each housing type, acreage and number of units for each such area, and the minimum lot size proposed for each area and housing type; (e) Location and nature of other proposed uses; (f) Location of proposed open spaces, public sites, and recreational areas, nature of recreational facilities proposed, and means of maintenance of such; (g) Regulations governing the height, setback requirements, off-street parking requirements and sign restrictions for each area within the PD-H2 project. When adopted, the PD-H2 land use plan shall serve as a supplement to and, where they conflict, as a replacement for, the zoning regulations of the underlying district. The land use plan shall not, however, supplement or replace any of the requirements of the subdivision ordinance. Section 44-23 1125. Allowed uses. Within the PD-H2 District, only the following uses and structures shall be permitted: (a) Principal uses and structures: (1) Dwelling units of the types specified in the land use plan; (2) Public buildings, structures, and other public uses; June 4, 1984 -3- - 20d - (3) Recreational facilities of the type described in the plan; (4) Child care education centers, in connection with public or private elementary schools or churches; (5) Day care centers; (6) Public utilities installations and substations; provided offices or storage or maintenance facilities shall not be permitted; and provided, further, that utilities substations, other than individual transformers, shall be surrounded by a wall, solid except for entrances and exits, or by a fence with a screening hedge five (5) to six (6) feet in height; and provided also, transformer vaults for underground utilities and like uses shall require only a landscaped screening hedge, solid except for access opening. (b) Accessory uses. Uses which are customarily accessory and clearly incidental and subordinate to the principal use shall be allowed as accessory uses. (c) Conditional uses. (1) Churches; (2) Family care homes, foster homes, and group homes; (3) Home occupations. Section 4424 1126. HOUSing types and density. Housing types and density for the various areas within the PD-H2 project shall be as specified on the land use plan. However, the overall density for the PD-H2 project shall not exceed that which could be achieved with conventional subdivision June 4, 1984 -4- - 20e - in the underlying district, or that indicated in the following table, whichever is greater. Underlying Zoning District Density (Dwelling Units/Acres) R-1 .8 R-2 1.1 R-3 1.7 R-4 2.25 R-5 3.0 R-6 3.5 R-7 6.0 R-8 6.0 R-9 9.0 A-1 12.0 A-2 18.0 A-3 24.0 A-4 36.0 The overall area of the PD-H2 project shall be construed as including any areas rezoned to P-1 or dedicated as a public site in conjunction with the project. Section 4425 1127. Open space, public sites, and recreation areas. Maintenance and ownership of open space, public sites and recreational areas in the PD-H2 District shall be as specified in the land use plan or in the accompanying documents, and shall consist of one of the following: (a) Homeowners association. If a homeowners association is to assume ownership of the open space, then it shall bear all responsibility for maintenance of the land and all structures thereon. All landowners in the PD-H2 District shall be members of the homeowners association. There shall be restrictive covenants recorded which prohibit use of the subject land for any purpose but recreation and open space use. Such covenants shall run with the land and be in full force and effect for a period of at least fifty years. These covenants shall become part of the deed to each lot or parcel within the development. Such covenants shall be approved by the city attorney and recorded before the first building permit in the project is issued. A rezoning petition to June 4, 1984 -5- - 20f - P-1 Preservation District shall-be-filed-simultaneeusly-w+th-the including all land to be owned and maintained by the homeowners association shall be approved before any subdivision plat of the property within the PD-H2 District is approved for recordation or any building permit issued. (b) Ownership by other public or private entity. Ownership of the open space may be by another public or private entity. In this event, a rezoning petition to P-1 Preservation District, sheit-be-filed-simultaneously-w+th-the including all land to be owned and maintained by the subject entity, shall be approved before any subdivision plat of the property within the PD-H2 District is approved for recordation or any building permit issued. Such entity shall be responsible for all maintenance of the open space, and shall make the use and enjoyment of the open space available to all residents of the PD-H2 project. Additionally, restrictive covenants as in (a) above shall be filed prohibiting the use of the subject land for any purpose but recreation and open space use. +b+ (C) Dedication to the city. The open space may be dedicated to the city as a public site but only upon the concurrence of the city council. If the dedication is accepted, the public site epen-spaee shall be maintained by the city as open space, except that city council after having received recommendations from the city manager may designate portions of public sites for use other than an open space, provided the remaining amount of property maintained as open space is not less than fifty percent (50%) of the amount of property which would have been reserved pursuant to the subdivision ordinance for recreational purposes if the property in the PD-H2 District had been developed according to the underlying zoning district. June 4, 1984 -6- - 20g - Except for public sites, open space shall only be used in its natural state or for recreational related uses. No structure shall be erected except for maintenance or recreational purposes. The combination of open space and public sites provided shall be a minimum of fifteen (15) percent of the gross acreage of the tract of land and shall not include lakes, floodways, or other bodies of water. Section 4426 1128. Changes to approved plan. Any changes to housing type, density, allowed uses, or location of any of the elements, or other aspects of the land use plan, where the change is not clearly in keeping with the concept of the plan as approved by city council, shall require an amendment to the PD-H2 land use plan. Such amendment shall be approved only in the manner of approval of the original land use plan. Changes which clearly are in keeping with the concept of the plan as approved by city council may be made by the planning director. Adopted by the Council of the City of Virginia Beach, Virginia, on the 4 day of June 1984. CMS/da Alt/3 Misc. 2/21/84 3/19/84 3/2 0/8 4 3/23/84 4/11/84 June 4, 1984 -7- - 21 - Item II-I.2 PLANNING 1TEM # 22008 Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council ADOPTED the following Ordinance: ORDINANCE TO AMEND THE MASTER STREET AND HIGHWAY PLAN DATED DECEMBER 16, 1974 IN THE SALEM ROAD/ELBOW ROAD AREA. Voting: 10-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: Vice Mayor Barbara M. Henley Council Members Absent: None June 4, 1984 21 a - AN ORDINANCE TO AMEND THE MASTER STREET ARID HIGHWAY PLAN DATED DECEMBER 16, 1974 IN THE SALEM ROAD/ELBOW ROAD AREA BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Master Street and Highway Plan dated December 16, 1974, is hereby amended as follows: a. Relocate the extension of Independence Boulevard as shown on maps available in the Planning Department. b. Widen Elbow Road to a 90-foot right-of-way from Salem Road to Chesapeake City line. c. Include a 66-foot arterial between Lynnhaven Parkway and Elbow Road as shown on maps available in the Planning Department. Adopted by the Council of the City of Virginia Beach, Virginia, on the 4 day of June 1984. APPRO,VED AS TO Co SIGN RE DEP*TMENT RM S]GTTATURE @CITY ATTOPNEY June 4, 1984 ADDITIONS ------ DELETIONS-.-. June 4, 1984 - 22 - Item II-I.3 PLANNING ITEM # 22009 Attorney Grover Wright represented the applicant Upon Motion by Councilwoman McClanan, seconded by Councilwoman Oberndorf, City Council REFERRED BACK TO THE PLANNING COMMISSION FOR FURTHER REVIEW AND RECOMMENDATION Ordinances upon application of GALLAGER ASSOCIATES for Changes of Zoning. The Applicant had submitted a REVTSED PLAN to the Planning Department indicating a total of 324 units rather than the 249 units as recommended by the Planning Commission. ORDINANCE UPON APPLICATION OF GALLAGER ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO R-8 Ordinance upon Application of Gallager Associates for a Change of Zoning District Classification from AG-1 Agri- cultural District to R-8 Residential District on cer- tain property located 800 feet more or less east of Holland Road beginning at a point 3400 feet more or less south of Landstown Road, running a distance of 1153.14 feet in a northeasterly direction, running a distance of 1062.54 feet in a southeasterly direction, running a distance of 990.99 feet in a southerly direction, running a distance of 976.95 feet in a westerly direction, running a distance of 117.36 feet i.n a southwesterly direction, running a distance of 444.73 feet in a northwesterly direction, running a distance of 240 feet in a southwesterly direction, running a distance of 503.14 feet in a northwesterly direction, running a dis- tance of 133.62 feet in a southwesterly direction and running a distance of 149.26 feet in a northwesterly direction. Said parcel contains 42.319 acres. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF GALLAGER ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO R-8 Ordinance upon Application of Gallager Associates for a Change of Zoning District Classification from AG-2 Agricultural District to R-8 Residential District on certain property located on the east side of Holland Road beginning at a point 3400 feet more or less south of Landstown Road, running a distance of 361.54 feet along the east side of Holland Road, running a dis- tance of 651.53 feet in a northeasterly direction, running a distance of 448.51 feet in a northwesterly direction and running a distance of 452.91 feet in a southwesterly direction. Said parcel contains 4.67 acres. PRINCESS ANNE BOROUGH A N D, June 4, 1984 - 23 - Item II-1.3 PLANNING ITEM # 22009 (Continued) ORDINANCE UPON APPLICATION OF GALLAGER ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO PD-H2 Ordinance upon Application of Gallager Associates for a Change of Zoning District Classification from R-8 Residential District to PD-H2 Planned Unit Development District on parcels located on the east side of Holland Road. Parcel 1: Located on the east side of Holland Road be- ginning at a point 3400 feet more or less south of Lands- town Road, running a distance of 361.54 feet along the east side of Holland Road, running a distance of 651.53 feet in a northeasterly direction, running a distance of 448.51 feet in a northwesterly direction and running a distance of 452.91 feet in a southwesterly direction. Parcel 2: Located 800 feet more or less east of Holland Road beginning at a point 3400 feet more or less south of Landstown Road, running a distance of 1153.14 feet in a northeasterly direction, running a distance of 1062.54 feet in a southeasterly direction, running a distance of 990.99 feet in a southerly direction, running a distance of 976.95 feet in a westerly direction, running a distance of 177.36 feet in a southwesterly direction, running a dis- tance of 444.73 feet in a northwesterly direction, running a distance of 240 feet in a southwesterly direction, running a distance of 503.14 feet in a northwesterly direction, running a distance of 133.62 feet in a southwesterly di- rection and running a distance of 149.26 feet in a north- westerly direction. Said parcels contain 46.989 acres. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF GALLAGER ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO P-1 Ordinance upon Application of Gallager Assocates for a Change of Zoning District Classification from AG-1 Agri- cultural District to P-1 Preservation District on cer- tain property located 2500 feet more or less east of Holland Road beginning at a point 2000 feet more or less south of Landstown Road, running a distance of 728.51 feet in a northeasterly direction, running a a distance of 2508.70 feet in a southeasterly direction, running a distance of 987.64 feet in a westerly direction, running a distance of 990.99 feet in a northerly direction and running a distance of 1062.54 feet in a northwesterly direction. Said parcel contains 37.842 acres. PRINCESS ANNE BOROUGH. June 4, 1984 - 24 - Item II-I.3 PLANNING ITEM # 22009 (Continued) THE PLANNING COMMISSION IS TO REVIEW GALLAGER ASSOCIATES' APPLICATIONS FOR CHANGES OF ZONING WITH REFERENCE TO THE FOLLOWING: 1. Increased Density (Number of units: 324 vs 249) 2. Clarify site plan (terms/types of units/location) 3. Compare old engineering maps with new Corps of Engineering maps. 4. Compare old Flood Plain Ordinance with new as to what would have been with what is current 5. Chronological sequence of events as to Council's adoption of current Flood Plain Ordinances and maps as related to applicable data; et cetera 6. Apply this data to other applications which are relevant Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. June 4, 1984 - 25 - Item II-1.4 PLANNING ITEM # 22010 ADD ON Upon Motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council requested the following: The PLANNING STAFF is to recommend some manner of posting properties in Virginia Beach and noting on maps the locations of the properties for citizens and visitor information (particularly as related to real estate sales and purchases). Recommendation should also include whether posting can or cannot be on private property or must be within City rights-of-way and what would result in removal or damage of these postings should they not be present when such pro- perty or properties are negotiated upon. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert C. Jones, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. June 4, 1984 - 26 - Item II-J.1. APPOINTMENTS ITEM # 22011 The Mayor declared an EXTENSION OF STAGGERED TERMS for the appointees of the STAMA PRIVATE INDUSTRY COUNCIL as follows: APPOINTMENTS OF FEBRUARY 25, 1983 EXTENDED FROM JUNE 27, 1984 to JUNE 30, 1985: BOYD COLGATE PRIVATE SECTOR JOSEPH CHRISTIAN LABOR APPOINTMENTS FEBRUARY 25, 1984 EXTENDED FROM JUNE 27, 1984 to JUNE 30, 1986: C. G. HARRIS PRIVATE SECTOR WILLIAM S. JOHNSON PRIVATE SECTOR DR. MICHAEL F. La BOUVE EDUCATION THESE APPOINTMENTS ARE SUBJECT TO CONFIRMATION BY THE GOVERNOR OF THE COMMONWEALTH. June 4, 1984 - 27 - Item II-L. I NEW BUSINESS ITEM # 22012 ALBERT S. TWIFORD Vice Mayor Henley ADVISED City Council, in the matter of the request of ALBERT S. TWIFORD of 5437 Morris Neck Road for a free-standing mobile home, that she had conferred with the adjoining property oxmer. After the property owner had been notified of the restrictions contained in the City's Ordinance governing free-standing mobile homes, and having the position of the property clarified, he is willing to WITHDRAW his OPPOSITION. This Application can thus be granted ADMINISTRATIVELY by the Office of Permits and Ispections upon receipt in writing that the adjoining property owner has WITHDRAWN his OPPOSITTON. June 4, 1984 - 28 - Item II-L.2 NEW BUSINESS ITEM # 22013 GOVERNMENT FINANCE ASSOCIATES David Rush, Vice President of Government Fiance Associates, Tnc. - the City's newly appointed financial advisor, discussed the following options for financing a water supply from Lake Gaston; 1. A direct rate subsidy of the water rates from the General Fund 2. A series of capital contributions from the General Fund dedicated to the project 3. The use of a special tax district The First Option, a direct rate subsidy, is NOT recommended. The water system would no longer be self-supporting. This option would impact the City's bond rating. Th following conclusions were attained as a result of the analysis by Government Finance Associates of the above options: (a) The water utility should remain 100% self-supporting. (b) Any special taxes should be applied directly towards capital improvements of the water system in a dedi- cated fund. (c) If the City elects to use a special tax district, the special tax district should be developed so that it provides a fixed dollar amount per year (i.e, fixed millage) to a water development fund. The general fund should have the total benefit of any increase in assessed value within the special tax district. (d) The City should carefully analyze the equity issue of a tax for water resources, especially as to the negative equity issues associated with tax-exempt large water users. Mr. Rush, in response to Council inquiries, stated that Government Finance Associates' initial recommendation for financing would be through the City's water and sewer charges. Vice Mayor Henley requested a written analysis on the reason for this recommendation of financing through the City's water and sewer charges. Mr. Rush also discussed the REFERENDUM. He advised City Council that one major risk associated with a REFERENDUM is that the REFERENDUM will not provide you with sufficent funds to complete a useful project. Mr. Rush further advised City Council that VARTABLE RATE DEMAND BONDS were very fine instruments for a small capital program. These Bonds are NOT recommended for Virginia Beach because the City has a fairly large capital program. June 4, 1984 - 29 - Item II-L.3 ADD ON W. B. SHAFER, JR. ITEM # 22014 W. B. Shafer, Jr. spoke to the City Council concerning DEMOCRACY and congratulated City Council on the performance of their duties. June 4, 1984 - 30 - Item II-M. I RECESS INTO EXECUTIVE SESSION ITEM # 22015 In accordance with Section 2.1-344, Code of Virginia, as amended, and upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council voted to RECESS into EXECUTIVE SESSION for discussion of Personnel Matters, Publicly Held Property, and Legal Matters, after which to adjourn. (4:30 p.m.) Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jenningst Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verbal Aye June 4, 1984 ltem II-M.2 ADJOURNMENT ITEM 22016 By CONSENSUS, City Council adjouriied the meeting at 6:00 p.m. .,,.r, - 2.@@ Deputy CiLy Clerk mav BZth Hodges Smith, CMC yo@ Lou-is 71 @es City Clerk City of Virginia Beach Virginia /bh June 4, 1984