Minutes 06/09/1981 - Laserfiche WebLink

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June 9, 1981 13, 1981, the office of the City Attorney has reviewed the proposed alterations df definitions in City Code ~40-31 relative to "child day care centers" and "adult day care centers" as well as the necessary substitutions associated with such definition changes as will be required in Permitted U~es sections of the applicable zoning districts. The question before the City Council and the Planning Commission is the appropriate language to be used to define child day care and adult day care centers for the purpose of land use permits in the applicable zoning districts. The City, in requiring use permzts for aertai~ type activities, recognizes that it is impossible to deal, in advance, in the enactment of a zoning ordinance, with all of the problems surrounding certain uses which may be proposed at a later date in a particular district. Thus, the requirement for a use permit is set out in an ordinance so that the City Council can make certain that the proposed use will not ad- versely affect the public interests if placed in a particular location. Use Permits are granted where the City Council finds that the proposed use will not ad- versely affect the health or safety of persons residing or working in the neighborhood of the of the proposed use, will not be detrimental to the public welfare or injurious to the proper~ or improvements in the neighborhood, and will be in accord with the general purposes of the Zoning Chapter of the City Code. Accor&ingly, the purposes of the definitions of "child day care center" and "adult day care center" as part of the Zoning Chapter must be based~on the use of the property and its impact upon the surrounding uses within the Zoning District. To that end, the following alternative definitions are proposed: 1. CHILD DAY care to a group of part of the day on CARE CENTER: An)- facility, except a public or private school, providing six or more children separated from their parents or guardians during a a regular basis; 2. ADULT DAY CARE CENTER: Any facility providing care to a group of four or more adults separated from their families during a part of the day on a regular basis. With respect to the application of these definitions so the Zoning Ordinance portion of the City Code, the term "child day care center, nurseries and kindergarten" will be substitute for "day nurseries and kindergartens" in R-150 (40-73(b); R-100 (40-74(b); R-7S (40-75(b); R-75-S (40-77(b); R-60 (40-78(b); R-60A (40-79(b); and D-1 (40-120(b). In addition, the term "adult day care centers" would be added to each of the above-noted sections. In C-1 (40-70(a) OR-75 (40-76(a) and R~60-A (40-79(a), the term "day nurseries and kindergartens" would be deleted and the term "child day care centers, nurseries, and kindergartens" would be inserted in 40-70(b), and 40-76(b). The term "adult day care centers" would be inserted in 40-76(b) and 40-79(b)." Motion of Mr. Oast and seconded available to the Planning Commission adopted by unanimous vote. by Mrs. Webb, letter from the City Attorney be made to see if they have further comment on advice, and was The following reports submitted by the City Manager: 81-198 "Consideration of an ordinance on first reading to appropriate $6,107,524 from the Community Development Fund for the 1980 and 1981 Community Development Programs. This appropriation provides ths necessary funds to commence new programs and continue existing ones in accordance with the 1980 and 1981 Community Development Programs which have been previously approved by City Council. The City Manager recommends adoption on first reading. On motion of Mr. Gray and seconded by Mr. Beamer, the following ordinance was approved on first reading, and by unanimous vote: "AN ORDINANCE TO APPROPRIATE $6,107,524 FROM THE COMMUNITY DEVELOPMENT FUND FOR EXECUTION OF THE 1980-81 COMMUNITY DEVELOPMENT PROGRAM." 81-199 - "Consideration of an ordinance to amend Section 14-5(b) of the Code of the City of Portsmouth pertaining to the rate charged for disposal of uncut tmres~ The City presently charges "triple" the regular landfill rate, $12, for the disposal of uncut tires ar the Craney Island Landfill. It actually costs the City $15.50 per ton to dispose of uncut tires or a loss of $3. S0 per ton. This amendment will change the rate charge to "quadruple" the regular landfill rate or $16, which will put the charge for disposal of tires on a near break even basis. The City Manager recommends adoption." On motion of Mrs. Webb and seconded by Mr. Gray, the following ordinance was .adopted on first and final reading, and by the following vote: "AN ORDINANCE TO AMEND SECTION 14-5 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA, 1973, PERTAINING TO CHARGES FOR HANDLINS REFUGE AT CITY INCINERATOR OR LANDFILL." Ayes: Beamer, Gray, Oast, Webb, Whitlow, Johansen Nays: None 81-200 "Consideration of a resolution approving Amendment No. ~ to the Mount Hermon Gonser~vat&on and Redevelopment Plan for the Mount Hermon Conservation and Redevelopment Project.