MARCH 28, 1995 MINUTES
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. INFORMAL & FORMAL SESSIONS March 14, 1995
2. SPECIAL FORMAL SESSION March 17, 1995
G. CEREMONIAL REORGANIZATION OF VIRGINIA BEACH CITY COUNCIL
Presiding:
The Honorable J. Curtis Fruit
Clerk of the Virginia Beach Circuit Court
1. OATH OF OFFICE TO MEMBER OF CITY COUNCIL
2. FORMAL SEATING OF CITY COUNCIL
H. ADOPT AGENDA FOR FORMAL SESSION
I. CONSENT AGENDA
77te Consent Agenda will be determined during the Informative Session and considered
in the ordinary course of business by City Council to b(, enacted by one niotion.
J. RESOLUTION/ORDINANCES
1. Resolution to request the Commonwealth Transportation Board
designate certain segments of I-64 and I-664 as the "Hampton
Roads Beltway"; amend the State's highway maps and signage to
identify this Beltway; and, express appreciation to Senator
Quayle and the General Assembly for this designation.
(Sponsored by Mayor Meyera E. Oberndorf and
Vice Mayor William D. Sessoms, Jr.)
2. Ordinance to authorize advanced acquisition of property in fee
simple for the right-of-way for Great Neck Road Phase
IV/London Bridge Road Phase III (CIP 2-137) by agreement with
McMillan Mobile Home Park at 224 London Bridge Road
(PRINCESS ANNE BOROUGH).
3. Ordinance to AMEND and REORDAIN Section 21-398 of the Code of
the City of Virginia Beach re effective hours and dates for
on-street parking in specified areas within the Resort Area.
4 Ordinance to authorize a license refund in the amount of
$22,568.45.
5. Authorize existing commercial waste collection service be
discontinued in the Resort Area.
K. PUBLIC HEARING - PLANNING 7:00 pm
1. PLANNING BY CONSENT - To be determined during the Information Session
2. RECONSIDERATION TO MODIFY CONDITION NUMBER FOUR in the
February 11, 1992, approved Application of SOL W. COHEN for a
1 of a portion of Croatan Road at the Northeast
corner of Croatan Road and General Booth Boulevard (LYNNHAVEN
BOROUGH)
Deferred February 28, 1995
March 14, 1995
Recommendation: DENIAI.
3. Application of OCEANA SALVAGE INC., for the
re existing automobile salvage/junk yard and
permission to conduct motor vehicle sales at 1040 Oceana
Boulevard, containing 9.074 acres (PRINCESS ANNE BOROUGH).
Deferred: March 14, 1995
Recommendation: APPROVAL
4. Petition of GEORGIA-PACIFIC CORPORATION for the
of portions of the
r t: Beginning at the Southern boundary of Rouse
Drive and running in a Southerly direction a
distance of 418.95 feet along the Eastern
property line and a distance of 375.82 feet
along the Western property line to the
Northern boundary of the Virginia Beach-
Norfolk Expressway.
r Beginning at the Southern boundary of Rouse
Drive and running in a Southerly direction a
distance of 744.71 feet along the Eastern
property line and a distance of 674.67 feet
along the Western property to the Northern
boundary of the, Virginia Beach-Norfolk
Expressway.
Deferred: March 22, 1994
September 27, 1994
Recommendation: ADDITIONAL SIXTY-DAY DEFERRAL
5. Application of A. T. ASSOCIATES for a
for an on the West side of Central
Drive, 1888 feet South of Patent Drive, on Lots 18 and 19,
London Bridge Industrial Park 11, Phase One (LYNNHAVEN and
PRINCESS ANNE BOROUGHS).
6. Application of DALLAS V. NORMAN, WITCHDUCK LAKE INT., INC.,
for a Conditional Use Permit for a landfill at the Western
extremity of Witchduck Court, containing 15.6 acres
(BAYSIDE BOROUGH).
Recommendation: APPROVAL
7. Application of JAMES ENGLISH and CLARA DEJOURNETTE for the
replacement of a nonconforming @ at 1356 Virginia Beach
Boulevard re replacing and enlarging a dwelling damaged by
fire (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
8. Applications of the CITY OF VIRGINIA BEACH at the intersection
of Princess Anne Road and North Landstown Road (PRINCESS ANNE
BOROUGH)
a. Conditional Chanae of Zonina from 0-2 Office District to
A-G--@-Aaricultural Di$tri_Qt, 80 acres;
b. Conditional Chanae of Zon" from B-2 Community Business
Di ri t to AG-1 Aaricultvr i ri , 25 acres;
C. Conditional rhnnn from R-10 Residential
DistriQt to AG-1 ricult 1 5 acres;
d. Conditional Use Permit for a recreational facility nf an
outdoor nature (amphitheater), West of North Landstown
Road beginning at a point 2200 feet more or less
Southwest of the intersection, containing 110 acres;
AND,
e. Petition for the discontinuance- closure and abandonment
of a portion of Princess Anne Road beginning at a point
480 feet more or less North of Flanagans Lane and running
in a Northerly direction to the Eastern boundary of
Relocated Princess Anne Road, containing 8,540 square
feet.
Recommendation: APPROVE ALL APPLICATIONS
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
WORKSHOP A,@il 04 9 m 11 m C... @il Co.f .... @. R
WORKSHOP d@, A,,il 11 9m 11 m c... @il C..f ... @@@ R
WORKSHOP d@, A,,il 18 4PM 6 PM C... @il C.@f@@..c. R
PUBLIC HEARING .,a., A,,il 20 -1 PM L.@k.p.@ Middl. S@h..!
WORKSHOP T@l.d@y A,@il 25 2PM 4 PM Co ... il C..fer..c@ R...
PUBLIC HEARING T@@.d.y M.y 02 3PM C..@il Ch..b.@
FINAL WORKSHOP Th.@.d.y M.y 04 9m 11 m C.Q@@il R...
BUDGET/C I P Tll.d.y M.y 09 2PM C@u.@il Ch..b@@
ADOPTION
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERKIS OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
03/23/95cmd
AGENDA\03-28-95.PLN
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virgin ii
March 28, 1995
Mayor Meyera E. Oberndorf called to order the PRESENTATION - FY 1995-1996 OPER,4TING
BUDGET FY 199511996 - 200012001 CAPITAL IMPROVEMENT PROGRAM to the 1,7RGINL4
BF,4CH CITY COUNCIL in the (ouncil Conference Room, (itv Hall Building, on Tuesday, March 28,
1995, at 3:30 P.M.
Council Members P)-esent.
John A. Baum, Linwood 0. Branch, III, Robert K. Dean, PKIliam W.
Harrison, Jr., Ilarold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Vice Mayor Williim 1). 5essoms, Jr., and
Louisa M. Sfrayhorti
Council Members Absent:
Nancy K. I'arker 3:40 I@M.1
- 2
FY 1995-1996 OPEK4TING BUDGET
FY 199511996 - 200012001 CAPITAL IMPROVEMENT PROGRAM
3:30 P.M.
ITEM # 38963
E. Dean Bloclc, Director - Management and Budget, Presented information relative the FY 1995-19%
Operating Budget and FY 199511996 - 200012001 Capital Improvement Program.
PROPOSED RESOURCE MANAGEMENT PL4N
March 28, 1995
The Context
Themes and Focuses
Suninwrv
Highlights
Schedule
7he Context consists of.- Caution and Opportunity, Improved bconomy, State Federal Governments,
BR,4CC, Lake Gaston., as well as many other demands.
77ientes & Focuses
Sustaining Current Services
Meeting Basic Capital Needs
Renewal, Renovation & Replacement
Debt ManagementIPay-As-Yc,u-Go
City Council Destination Point
OPER,4TING BUDGET SUMMARY
Category FY 94-95 FY 95-96 % Change
City $ 306,496,841 $ 323,772,896 5.6%
Schools 405,603,511 429,893,456 60%
Utilities 71,688,702 74,943,981 4.5%
Enterprise Funds -5,275,348 9,017,021 71.5%
TOTAL $ 789,046,402 $ 837,627,355 6.2%
*Includes operations, debt scri,,i((, and current reveriu(, capital t)V category, and includes all,,;c-hool
Funds.
The increase in the Schools Budget accouritv for approximatel), one-half of the total increase. The
increase of the Enterprise Funds' Iludget exclusive of utilities% i.y due primarily to the opening of the
rirginia Marine Science Museum 7his facilil)) will be ope;i in A4ai, 1996
March 28, 1995
- 3 -
FY 1995-1996 OPERATING BUDGET
FY 199511996 - 200012001 CAPITAL IMPROVEMENT PROGR4M
3:30 P.M.
ITEM # 38963 (Continued)
Mr. Block displayed a chart depicting the Comparison of State Versus Local Tax School Contributions.
7'his chart illustrates efforts made to be responsive to school concerns while keeping faith with the themes
identified. 7he local tax contribution has come closer to the state contribution. 7his chart reflects the fact
the City has proposed to provide an increase in local tax funding to schools of $11.6-MILLION from the
original budget last year. Thiv is an increase of 8.6%.
C,'APITAL BUDGET SUAFMARY
Project Category [@'Y 94-95 FY 95-96 Change $ %
Capital Budget Capital Budget
Schools $ 29,934,579 $ 32,894,990 $ 2,960,411 10.0%
All Other General 55,535,543 48,434,541 (7,101,002) (12.8)%
Improvement
Total General @5,470,122 81,329,531 (4,140,591) (4.8)%
Improvement
Utilities 17,555,000 20,226,500 :L 2,671,500 15.2%
Grand Total $ 103,025,122 $ 101,556,031 $ (1,469,091) (1.4)%
HIGHLIGHT,li
Economic Vitality
Elimination of a planned 27 cents watei to[,, iii(rease
International [arkway
Burton %tatio;i
Safe Community
17 additional police officers are funded through a CRIMES Bill grant
Additional positions are recommended for investigation
3 positions for the Commonwealth's Atiorriev',v office
Youth Services Coordinator
,F@pansiori of the After 5chool Activity Leiters to 4 additional Middle Schools
Stable Ci(v Finances with Services Driving Revenues
Revenue diversification through implementaii(@ti of Cellular Phone Utility Tax
Beach Borough Services Center advapic(@d
Management (@f Debt and Debt ;ervice have guided our recommendations
Emphasis on maintaining programs and Facilities rather than new programs
3% (@f pavroll is set aside for ';chool,@ artil ('iti, employee valary adjustments.
Quality Education for Life Long Learning
Local t@cs provided for 5chool support iii<,,reased by $11.6-MILLION or 8.6%.
Construction of Ypace f(@r over I 1,000 students
Reduced (,,x[)c(tt-d Iincrease to -?.3 Irotn 5.2 centy.
Destination Point,for Tourists
The Marine @c-ierice Museum Expansi(in protect
TCYIF
March 28, 1995
- 4 -
FY 1995-1996 OPERATING BUDGET
FY 199511996 - 200012001 CAPITAL IMPROVEMENT PROGRAM
ITEM # 38963 (Continued)
Quality City Services to Support Urban Living
Contracting out custodial services in Ci@ buildings outside of the
Municipal Center has cut 20.4 positions
Global position system
Expanded MI[IMRI," programs
Protection and Use of our Natural Resources and Environment
77ie Agricultural Reserve Program (ARP) @.s funded in part through a proposed
1.5 cent real estate tax increase
Ihe Ci@ participating in an area -wide water conservation educational program.
.@tormwater workorder backlog reduceel
Active Citizen and Business Involvement as Partners with City Government
A publiclprivate partnership for Amphith(!alre being developed
The City is entering into a publiclprivate partnership for the construction
of a golf course in the West Neck Creek area
Regional Cooperation in Marketing and Leadership
Regional agencies
Chesapeake and @irginia Beach are joint4 funding the Pendleton Child
Services Center and the expansion of the existing Tidewater Detention Home.
7he City is participating in regional marketing effort sponsored by
Forwartl Hampton Roads.
Mobility
Funding is provided to improve the roadwai, resurfacing cycle to
a 15-yi,ar optimum
The CIP continues to develop a (-ompreheiisii,(- roadway program using
a bikewtiy Yystcrn.
Navigational aidv funded.
7he next Workshop is SCHEDULED for 7uesday, April 4, 1995, in the City Council Conference Room.
7'he City Staff distributed to City Council the RESOURCE MANAGEMENT PL4N FY 1995 - 1996
OPERATING BUDGET, FY 1995 - 19961 FY 2000-2001 CAPITAL IMPROVEMENT PROGR4M,
the EXECUTIVE SUMMARY RESOURCE AL4NAGEMENT PLAN Fiscal Year 1995-1996, and a
PoLicy Report on the Storm Water Utility Fee. ;aid information iy hereby made a part of the record.
Ihe time for Budget Workvhof).y will be dependent upon the number of items on the Agenda.
March 28, 1995
- 5 -
AGENDA REVIEW SESSION
4:07 P.M.
ITEM # 38964
Council Lady Parker inquired relative:
Ordinance to authorize advanced acquisition ofproperty in fee simple for
the right-of-way for Great Neck Road Phase IVILondon Bridge Road
Phase III (CIII 2-137) by agreement with McMillan Mobile Home Park
at 224 London Bridge Road (PRINCE,5S AIVAIF BOROIICH) (J.2.
ResolutionlOrdinan(es).
The Real Estate Assessor has an evaluation of this property of approximately $152,950, while the Virginia
Department of Transportatiott's evaluation is $215,000. 7his is a difference of $62,000. 7his does not
include the relocation assistance. James Iawson, City Real Estate Agent, advised Mr. Banagan had not
performed an income stream on the niobile home park. Therefore, his assessments basically consisted of
the land and building. Mr. Banagaii did not believe the 51ate',s evaluation was that far out of line.
Councilman Dean referenced the London Bridge alignment and did not recall this section of road being
6-lanes as it comes under Route 44 under the bridge. John W lierzke, City Engineer advised the was
shown on the Master Street and Ifighway Plan as an ultimate 6-latie facility. Ihe 6-lane is fi-om Virginia
Beach Boulevard to Pouers Road and south of that is a 4-lane divided highway. 7he section of Great
Neck, north of rirginia Beach Boulevard, is also ultimately designated as a 6-lane facility up to First
Colonial Road.
ITEM # 38965
Council Lady Parker inquire@i relative.
Ordinance to AMEND and REORDAIN,@ectiori 21-398 of the Code of
the City of rirginia Beach re effective hours and dates for on-street
parking in @ypecified areas within thi Resort Area. (J. 3
ResolutionlOrdipiances).
Henry Ruiz, Director - Parking 5ystems Management Office, advised this proposal will be consistent with
the start up of other related Imrking activities, such as the Residential Parking Permit Program and the
operations of Resort Area Municipal Parking Lots, which or(, Scheduled for April First.
ITEM 38966
Wade Kyle, Administrator - Waste Management provided information relative the Authorization to
discontinue existing commercial waste collection service in the Resort Area. (See V-J.5 of
ResolutionlOrdinances). In the resort area, there are 600 total businesses and in the winter, 100 of those
businesses are serviced by the City, 400 are serviced by the private sector. Last summer, 180 businesses
were serviced by the City and 420 were serviced by the private sector. City Council approved, during the
FY 1993194 Budget process, the discontinuance of commercial waste collection services effective
November 1, 1993. Approximately 300 businesses outside of the Resort Area, that were using service up
to that time, began using private waste collection service. It was agreed that businesses in the Resort Area
would continue to receive service for one more year to October 1994. Continued requests by the Resort
Leadership Council have avt@iided the service through l,'cbruat i 1995.
March 28, 1995
- 6 -
AGENDA REVIEW SESSION
ITEM # 38966 (Continued)
On March 10, 1995, a Resort Area Franchise Survey form was distributed to all of those businesses that
were opera totaling 309 businesses, or approximately 50% of the total businesses in the Resort Area. A
total of 61 responses were received, which was approximately 20% of the businesses that received the
questionnaire. A total of 31 businesses preferred to have private collection services independent of a
fi-anchise. A total of 30 businesses requested the City designate a franchise &strict 7he total net cost to
continue the service for the remainder of the year is $184,237 In next year's Budget, if continued with
a subsidized rate, an additional $263,170 would be required, It had been planned to satisfy existing
shortages in drivers and equipment among the residential collection routes by diverting the resort crews
to these routes. If the resort crews are not diverted to residential routes, it will require the addition of 6
employees and 3 trucks at a total cost of $570,000 in FY 1995196 to augment the residential service. For
next year, the subsidized rate for full service (6 containers, 7 days per week) would be full cost,
approximately $495 per business per month.
The Mayor and Vice May(@r met with the Resort Leadership Council and staff to discuss this issue. Ihe
Mayor and Vice Mayor advised there was too large a gap in the Operations Cost for the City to absorb.
Over the next three years this gap would be caught up to cover the IWI expense, basically this entails 113
plus inflation rates of the approximate $263,000 deficiency. This would be divided among the customers
depending upon the amount of usage. Based on the results of the su@e-v, the rice Mayor did not believe
a Franchise Agreement could be recommended.
ITEM # 38967
BY CONSENSUS of City Council, the following items Yhall (@onfjy)se the CONSENT AGENDA:
RESOLUTIONIORDINANCES
V-J. 1. Resolution to request the Commonwealth Transp)rtatiort Board designate
certain segments of I-64 and I-664 as the "Hampton Roads Beltway ";
amend the State'.v highway maps and signage to identify this Beltway;
and express appreciation to Senator C)uayl(, and the General Assembly
for this designation,
(Sponsored by, Mayor Meyera L. Oberndorf iiii,@
Vice Mayor William I). ';essoms, Jr.)
V-J.2. Ordinance to authorize advanced acquisition of property in fee simple for
the right-of-way for Great Neck Road Phase IVILondon Bridge Road
Phase III (CIP 2-137) by agreement with McMillan Mobile Ilome Park
at 224 London Bridge Road (PRINCFS,@ ANN], IfOROU(,'Il).
V-J3. Ordinance to AMEND and PEOP.DAIN Section 21-398 of the Code, of
the City of Virginia Beach re effective hours and dates for on-street
parking in spt-cified areas within the Resort Area.
V-J.4. Ordinance to authori2c a license refund in thf, im(@utit of $22,568,4-5.
March 28, 199-5
- 7 -
AGENDA REVIEW SESSION
ITEM # 38968
Robert J. Scott, Director of Planning, referenced RECONSIDERATION TO MODIFY COND177ON
NUMBER FOUR in the February 11, 1992, approved Application of SOL W. COHEN for a @
Closure of a portion of Croatan Road at the Northeast corner of Croatan Road and General Booth
Boulevard (LYNNIL4VEN BOROUCYH). (Item V-K2). A memorandum from Gary L. Jones of Public
utilities was dis@uted to City CounciL There is an existing public sanitary sewer manhole on the north
side of Croatan@at the intersection of Croatan Court. Concerning connecting the referenced parcel
to the public sanitary sewer system, (;ary advised one method is to extend a gravity line from the manhole
to the referenced lot. A gravity extension has been estimated to cost $25,000 to $30,000. Another
alternative is for the property owner to install a private, on -site pump system with a private force main
discharging into the existing manhole in Croatan Road An estimate was received from Ricks'Plumbing
of $10,000 for the installation of a private pump system and force main to serve the referenced parcel
Ihe Public Utilities Department would support either of tht, al)@)v,e methods for connecting the Cohen
property to the public sanitary sewer system.
ITEM # 38969
Relative the Application of OCEANA SALVAGE INC., for the enlaWXment Qf a nonconforming use re
existing automobile salvageljunk yard and permission to conduct motor vehicle sales at 1040 Oceana
Boulevar4 containing 9.074 acres (PRINCE,5.5 ANNE BOROU(;Il) (V-K3), Robert,@ott referenced the
memorandum fi-oin Clay Bernick concerning environmental conditions related to the Ocean Salvage, Inc.
site.
ITEM # 38970
Concerning the Petition of GEORGIA-PACIFIC CORPORATION for the discontinuance, clostire and
a andon nt of portions of the following streets (KEMI',';I,71,1,1 BOROII(,H):
Mac Street:Beginning at the Southern boundary of Rouse Drive and
running in a Southerly direction a distance of 418.95 feet along the
Eastern property line and a distance of 375.82 feet along the Western
property line to the Northern boundarv of the Ilirginia Beach-Norfolk
Fxpresswav.
Price Street: Beginning at the Southern boundary of Rouse Drive and
running in a Southerly direction a distanc(, of 744. 71 feet along the
Eastern property line and a distance (if 674.67 feet along the Western
property to the Northern boundary of th(, @'irginia Beach-Norfolk
Expressway. (Item V-K4). Relative the two parcels to be conveyed to
Georgia-l'acific, preliminary discuvvioyzs /iai,(- indicated 61 price of
approximately $30,000.
Ihe CityAttorney shallforwat@i (opi(,@ of the 1991 Street Closuri, Policyfor review andpossible revision
by City CounciL
March 28, 1995
- 8 -
AGENDA REVIEW SESSION
ITEM # 38971
Concerning the application of A. T. ASSOCIATES for a Conditional Use Permitfor an r
facility on the West side of Central Drive, 1888 feet South of Patent Drive, on Lots 18 and 19, London
Bridge Industrial Park II, Phase One ((L YNNIL4 VEN and PRINCESS ANNE BOROUGHS). the applicant
has indicated they wish to DELETE condition No. 1: A twenty-five foot landscape buffer will be
established along the western property line. The buffer will be comprised of native trees and shrubs
planted in a random fashion to imitate a natural wooded area v(,,tting.
ITEM # 38972
The application of DALL4S l@ NORMAN, WITCHDUCK LAKE INT., INC., for a
Permit for a landt7ll at the Western extremity (@f Witchduck Court, containing 15.6 acres
(BAYSIDE BOROUGH). (Item V-K 6), entails the issue of the effect of the filling operation on the nearby
residential units. Ile City Atiorney's Office advised the requirement for a drainage easement over the
lake has been provided in the 1990 proffer for the rezoning of the property.
ITEM # 38973
Relative the application of JAMES ENGLISH and CL4RA DEJOURNETTE for the
nor ' at 1356 Virginia Beach Boulevard re replacing and enlarging a dwelling damaged
byfire (LYNNHAVEN BOROIJ(;Ii).(Item V-K7). Councilman I)t,an inquired as to the method by which
this applicant applied for assistari(t,
ITEM # 38974
Concerning the applications of the CITY OF VIRGINL4 BEACH at the intersection of Princess Anne
Road and North Landstown Road (PRINCESS ANNE BOROU(;H): Conditional Change Qf Zoning from
0-2 Qffice District to ricultu al i trict 80 acres, from B-2
1 tr t to AG -I Agricultual District, 25 at-res; 0 i from
R-10 Ruidential District to AG-1 A ri ul ral ' i ict 5 acres,- Conditional Use Permit for a
recreati tdoor nature (amp Ltheater) West of North Landstown Road beginning at
.b _
a point 2200 feet more or less Southwest of the intersection, containing 110 acres. (Item V-K8), a
Statement of Sound Restrictions for the Lake Ridge Amphitheatre has been developed Ihis will ensure
that sound from amplified music concerts is limited to acceptable levels in area residential neighborhood,
and occurs only at specified times during the day.
ITEM # 3897-5
Relative the petition of the CITY OF VIRGINIA BEACH for the ntin cc r
a a onm t of a portion of 1riticess Anne Road beginning at a point 480 feet more or less North of
Flanagans Lane and running in a Northerly direction to the P,asterri boundary of Relocated Princess Anne
Road, containing 8,540 square feet. (]'RINCP,SS ANNE BOROII(;Il), the City Manager advised this should
be a separate item. It is not part of Item V-K8.
CouncilLadyHenleywasadvi.yedthiswasthcproper whichcameloCityCouncilunderMrs.Malbon's
name. The other section on ih(, other side of the road Kla.@ li@)t included in this closure (the mile
property)-
Ihe City is settling with the applicant for approximately $11,000.
March 28, 1995
- 9
AGENDA REVIER' SESSION
ITEM # 38976
BY CONSENSUS of City Council, the following items vhall compose the PLANNING BY CONSENT.
V-K3. Application of OCEANA SALVAGE INC., for the mn a a
noncon m use re existing automobile salvageljunk yard and
permission to conduct motor vehicle salev at 1040 Oceana Boulevard,
containing 9.074 acres (PRINCES,@ ANNI,,'BORO[I(;II).
V-K4. Petition of GEORGIA-PACIFIC CORPORATION for the
discontinuance, closu d aband nmerit of portions of the following
streets (KEMR@117ILE BOROUCIll): (ADDITIONAL 60 DAY
DEFERRAL)
ac,5tre(,l Beginning at the @)uthern boundary of Rotac Drive and running in
a Southerly direction a distance of 41&95 feet along the Eastern
property line and a distaii(c of 375.82 feet along the Western
property line to the IV(,riliern boundary of the Virginia Beach-
,Vorfolk F-xprt,,sswav
,S reet. Beginning at the @)utherti boundary of Rouse Drive and running in
a S6utherly direction a distance of 744.71 feet along the Eastern
property line and a distance of 674.67 feet along the Western
property to the Northern boundary of the rirginia Beach-Norfolk
F@pressway.
V-K 7 Application of JAMES ENGLISH and CLARA DEJOURNETTE for the n a
a noncon ormin use at 1356 rirginia Beach Boulevard re replacing and enlarging a
dwelling damaged bv fire (LYNNIL4 VFN BOROI T(;]]).
V-K9 Petition of th(, CITY OF 117RGINL4 BEACH for the conti nc
closure and bandonment of a portion of Princt,,vs Anne Road beginning
at a point 480 feet more or less North of l,'Ianagans Lane and running
in a Northerly direction fe) the Eastern boundar,@ of Relocated Princess
Anne Road, containing 8,540 square f(@(-t
March 28, 1995
- 10 -
('ITY MANAGER'S BRIEFING
P7RGINL4 DEPARTMENT OF TRANSPORTATIOA (VDOT) - PRE,4LLOCATION
5:07 P.M.
ITEM # 38977
7he Statement of the City ';Iaffs priorities concerning the VIRGINL4 DEPARTMENT OF
TRANSPORTATION (VDOT) - PPEALLOCATION iv hereby made a part of the record.
Mayor Oberndorf referenced one item of concern.- The expansion of the intersection of Kempsvdle Road
and Princess Anne Road, Some of the churches have made enormous investments in the expansion of their
buildings with the understanding the City was not going to condemn the Land or cause the construction
of a flyover.
Council Lady Strayhorn advived vhe was receiving numerous requests to reexamine this intersection.
John Herzke, City Engineer, advised this project is the Fifth Priority. Ihe City is requesting this project
only as a Study. In 1987, when this Project was presented to City Council, the staff was directed to place
this project in abeyance for approximately 5 years and then return if this situation was still a problem.
Mr. Herzke referenced continued complaints from Lord Dunmore residents. Mr. Herzke advised the City
is requesting VDOT program approximately $400, 000 to perforrti a reevaluation study phase.
Council Lady Parker referen, e(i the mention (@f the flyover, K,/iich received many objections.
The list of projects was developed in priority order by the Iraiisportatioti Committee:
1. Elbow Road extended front Indian River to Princess .Anne
Road
2. Indian River Road Phase lllifront Lynnhai,en down to Elbow
Road, extended.
3. Holland Road Phase VI.
4. Centerville Turnpike
5. Princess Anne RoadIKempsville Road Intersections
March 28, 1995
- 11 -
ITEM # 38978
Mayor Oberndorf called to order the INFO SESSION of the VIRGINL4 BF,4CH CITY COUNCIL
in the Council Chamber, Cilv Ilall Building, on Tuesday, Mar(h 28, 1995, at 5:75 P.M.
Council Members Present:
John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W.
Harrison, Jr., Ilarold Heischober, Barbara M. flenley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K I'arkei, Vice Mayor 4'zlliam D.
Sessoms, Jr. ind Louisa M. 5trayho"i
Council Members Absent:
Non e
March 28, 1995
- I2 -
ITEM # 38979
Mayor Meyera E. Oberndorf entertained a motion to permit Citv Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1 -344, Code of ;zrginia, as amended, for the following purpose:
- Discussion or consideration of or i@tterviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to ';ection
21-344 (A) @1)
To Wit: Appointments: Boards and Commisvio@tv
Frosion Commission
Tidewater Regional (;roup liome
. Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to 5ectioit 2.1-344tl)(7).
To-Wit: Lake (,'astoyi
I;il@"
PROSPECTIVE BUSWNES.@ OR INI)U.5TRY Discussion concerning a
prospective business or industry where no previous announcement has
been made of the business' or industry's init-rt-st in locating in the
community purvuant to .5cctiort 2.1-344 (A) t5)
To - Wzt: Virginia Beach Borough
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council voted to proceed
into EXECUTIVE SESSION
Voting: 10-0
Council Members Voting Aye.
John A. Baum. Liriwood 0. Branch, III, Robert K. Dean, William W.
Harrison, Jr., IIarold fleischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Nancy K Iarker and rice Mayor William
D. @essoms, Ji
Council Members Voting Nay.
None
Council Members Absent:
Louisa M '4ravhorpi
March 28, 1995
- 13 -
FORMAL SESION
"RGINL4 BEACH CITY COUNCIL
March 28, 1995
6. 00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the tl7RGINL4 BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on 7uevday, March 28, 1995, at 6:00 P.M.
Council Members Present.-
John A. Baum, Linwood 0. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Ifenley, louis R. Jones,
Mayor Meyera E Oberndorf, Nancy K Parker @ice Mayor William D.
Sessoms, Jr. and Louisa M. @5trayhorri
Council Members Absent:
Non e
INVOCATION.- Reverend Mark Vender
Calvary 1resbyterian Church
PLEDGE OF ALLEGIANCE TO THE FL4G OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoim, being a (orporate Officer of Central l@'idelifv Bank, disclosed there were no matters
on the agenda in which he has a "I)ersonal interest", as defitied in the Act, either individually or in his
capacity as an officer of Central Fidelity Bank. 7he rice Mayor regularly makes this Disclosure as he
may or may not know of the Bank's interest in any application that may come before City Council. Vice
Mayor 5essoms' letter of Janutin 10, 1995, is hereby made a 1)@ii of the record.
March 28, 1995
- 14
Ite V-E. I
CERTIFICITION OF
EXECUT@ SESSION
ITEM # 38980
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council CERTIFIED
THE EXECUTRVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters, lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Fxecutive .5ession to
which this c(,rtificatio)i resolution applies,
AND,
Only such public business matters as were identified in the motion
convening the Executive @ession were heard, dis(usved or considered by
rzrginia Bea(-h (.it) CouiiciL
Voting: 11-0
Council Members Voting Aye
John A. Bautn, Linwood 0. Branci4 III, Robert Y- Dean, Hilliam W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera F. Oberndorf Nancy K Parker. l@ice Mayor William D.
Sessoms, Jr. and Louisa M Strayhorti
Council Members Voting Nay
None
Council Members Absent:
Non e
March 28, 1995
ton
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 38979, Page No. 12, and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach Citv Council.
Ruth Hc E
City Clerk March 28, 1995
- 15 -
em V-F
MINUTES ITEM # 38981
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED
the Minutes of the INFORMAL AND FORMAL SESSIONS (,f March 14, 1995.
Voting: 10-0
Council Members Voting Aye
John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf Nancy K Parker, rice Mayor William D. @essoms, Jr., and
Louisa M ;trayho"i
Council Members Voting Na-V
None
Council Members Abstaining.
Harold Ifeischober
Council Members Absent:
None
Councilman Heischober ABSTAINED as he was not either a member of City Council nor in attendance
during the City Council Sessioit of March 14, 1995.
March 28, 7995
- 16 -
em V-F.
MINUTES ITEM # 38982
Upon motion by Vice Mayor Sessonu, seconded by Council Lady Parker, Cilv Council APPROVED the
Minutes of the SPECIAL FORAL4L SESSIONS of March 17 1995,
Voting: 11-0
Council Members Voting Aye
John A. Baum, Linwood (). Branch, III, Robert K. Dean, William W.
Harrison, Jr., Ilarold Heischober, Barbara M. Ifenley, Louis R. Jones,
Mayor Meyera I,. Oberndorf, Nancy K Parker ri(e Mayor @illiam D.
Sessoms, Jr. and Louisa M. @trayhorn
Council Members Voting Nay
Noti c
Council Members Absent:
None
March 28, 1995
- 17 -
feem V--G 1.
OATH OF OFFICE ITEM # 38983
7he Honorable J. Curtis Fruit, Clerk of Circuit Court, adminivtt,red the formal Oath of Office to:
Harold Heischober - Council Member At-Large
March 17, 1995 to June 30, 1996
March 28, /99@5
- 18
- .I.
CEREMONLIL REORGANIZATION ITEM # 38984
OF J17RGINL4 BF,4CH CITY COUNCIL
Mayor Oberndorf distributed copies of the Formal Seating of (,ity Council in the Council Chamber and
Conference Room. Said copit,s are hereby made a part of the rece)rd.
March 28, 1995
- 19
Item V-H.I.
ADOPT AGENDA
FOR FORMAL SESSION ITEM # 38985
BY CONSENSUS, City Coun(-il ADOPTED:
AGENDA FOR THE FORMAL SESSION
March 28, 1995
- 20
Item V-L IJ,
CONSENT AGENDA ITEM 38986
RESOLUTIONSIOP,DINANCE.5
Upon motion by Vice Mayor @5essotm, seconded by Councilman Branch, Ci@ Council APPROYED in
ONE MOTION, Items 1, 2, and 4 of the CONSENT ACEND.4.
Voting: 11-0
Council Members Voting Aye
John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W.
Harrison, Jr., Ilarold Heischober, Barbara M Ilenley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K Parker. rice Mayor Uliliam D.
Sessoms, Jr. (aid Louisa M. Strayhorit
Council Members Voting Nai
None
Council Members Absent:
Non e
March 28, 1995
- 21 -
Item V-J. 1.
CONSENT AGENDA ITEM # 38987
P,ESOLUTIONSIORDINANCES
Upon motion by Vice Mayor ';essoms, seconded by Councilman Branch, City Council ADOPTED:
Resolution to request the Commonwealth Transportation Board designate
certain segments of I-64 and I-664 as the "Hampton Roads Beltway ";
amend the @tate's highway maps and signage to identify this Beltway;
and, express appreciation to Senator Quayle and the General Assembly
for this designation.
(Sponsored by Mayor Meyera E. Oberndorf and
l'ice Mayor William I). @essonu, Jr.)
Voting: 11-0
Council Members Voting Ay(,:
John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W.
Harrison, Jr., Ilarold Heischober, Barbara M. flenley, Louis R. Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and I.ouiva M. Strayhorn
Council Members Voting Na.i.
None
Council Members Absent:
None
March 28, 1995
- 22 -
Item V-J.2.
CONSENT AGENDA ITEM # 38988
RESOLUTIONSIORDINANCES
Upon motion by Vice Mayor ';essoms, seconded by Councilmati Branc/4 City Council ADOPTED:
Ordinance to authorize advanced acquisition ofproperty in fee simple for
the right-of-way for Great Neck Road Phase IVILondon Bridge Road
Phase III (CIP 2-137) by agreement with McMillan Mobile Home Park
at 224 London l@ri(ige Road (PRINCI@,@,@ ANN[-, BOROU(;H).
Voting: 11-0
Council Members Voting Aye
John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W
Harrison, Jr., Ilarold Heischober, Barbara M. Ifenley, Louis R. Jones,
Mayor Meyera I-. Oberndorf Nancy K ParA-er, ric(, Mavor William D.
,@essoms, Jr. and Louisa M. Strayhorti
Council Members Voting Nay
Non e
Council Members Absent:
None
March 28, 1995
- 23 -
Item V-J.3.
CONSEAT AGENDA ITEM # 38989
RESOLUTIONSIORDINANCES
Upon motion by rzce Mayor @essoms, seconded by Councilman Bratick City Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 21-398 of the Code of
the City of Virginia Beach re effective hours and dates for on-street
parking in sl@ec-ifzed areas within the Resort Area
Voting: 11-0
Council Members Voting Aye
John A. Baum, Linwood (). Branch, III, Rob(@rt K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Ilenley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K Parker Vice Mayor William D.
.Sessoms, lr. tipi(i Louisa M. 5trayhorti
Council Members Voting No)
Non e
Council Members Absent:
None
March 28, 1995
- 24 -
Item V-.L4.
CONSENT AGENDA ITEM # 38990
RESOLUTIONSIORDINANCES
Upon motion by rice Mayor ';essoms, seconded by Councilman Branch, City, Council ADOPTED:
Ordinance authorizing license refunds in the amount of $22,568.45 upon
application of certain persons and upon certification of the Commissioner
of the Revenut,.
Voting: 11-0
Council Members Voting Ayt@.
John A. Baum, Linwood 0. Branc/4 III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera F,. Oberndorf Nancy K Parker, P7ce Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorti
Council Members Voting Na,@
None
Council Members Absent:
None
March 28, 1995
- 25 -
V- .5
RESOLUTIONSIORDINANCE.5 ITEM # 38991
7he following SPOke in SUPPORT of the discontinuance.
Lou Pace, 1908 Hunts Neck ('ourt, 468-092-5
7'he following spoke in SUPPORT of franchising the resort area to a single private hauler, to be
implemented following a three vear transition period.-
Henry Richardson, @esident - II(,tellMotel Association, 968 South Oriole Drive #100, Phone: 428-8,015
Wayne Smiti; President - Virginia Beach Chapter - Virginia Restaurant Association, 968 South oriole
Drive #100, Phone.- 428-8015
Rick Hall, President - Resort Retailers Association, 968 @uth oriole Drive #100, Phone: 428-8015
RickAnoia, Chairman - Resort Leadership Council, ')68,@)ufh Oriole Drive #10(), Phone: 428-8015
A MOTION was made by Vice Mayor Sessoms, seconded by Councilman Harrison to AUTHORIZE:
Existing commercial waste collection service be continued in the Resort Area, subject to:
1. Fees shall be increased to cover a thir -three percent (33%)
budgetan, (I(,,ficiency plus inflation ct)stv, at(].
2. A survey of Resort Area businesses shall be c (@riducted and the
results rtlp(,rtcd I(, City (ouncil by, 15.@ept(@t?iber 1995.
A SUBSTITUTE MOTION was made by Council Lady Parker, seconded by Councibnan Dean, to
AUTHORIZE. Ex@g commercial waste collection service be continued in the Resort Area with the
ftill cost to the City being paid by the Resort Area businesses until completion of the survey of Resort Area
businesses and implementation of a franchise for a private waste collection company. As Councibnan
Dean WITHDREW his SECOND, the SUBSTITUTE MOTION was LOST
Upon motion by Vice Mayor Scssoms, seconded by Councilman Ilarrison, City Council AUTHORIZED:
Existing commercial waste collection service be continued in the Resort Area, subject to:
1. Fees shall be iti(@reased to cover a thirty-three percent (3.3%)
budgetary d(@ficif@nc-v plus inflation (ovis, aiia,
2 A survey of Resort Area businesses vhall be conducted and the
results rel@orted to (.'ity (council b@, 15.@(?pt(,mber 1995.
March 28, 1995
- 26 -
e V- 5
RESOLUTIONSIORDINANCES ITEM # 38991 (Continued)
Voting: 8-2
Council Members Voting Ayt
John A. Bawn, Villiam W. Ilarrison, Jr., Ilarold Heischober, Barbara
M. Henley, Louis R. Jones, Mayor Meyera E Oberndorf, rice Mayor
William D. @ess(?ms, Jr. and I ouisa M. @travhori
Council Members Voting Na)
Robert K Dean and Nancy K Parker
Council Members Abstaining:
Linwood 0. Branch, III
Council Members Absent:
None
Councilman Branch ABSTAINED as he believed it inappropriate for him to vote on this request.
Councilman Branch is a customer as he is the owner of.@@uth @@hore Resort.
March 28, 1995
- 21' -
V-
PUBLIC HEARING ITEM # 38992
PLANNING
Mayor Oberndorf DECLARED a PUBLIC HEARING oil:
PLANNING
2. SOL W. COHEN RECONSIDERATION TO
MODIFIYCONDITION2111192
3. OCE,4N SALVAGE, INC. ENLARGEMENT OF A
NONCONFORMING USE
4 GEORGE-PACIFIC CORPOR4TION STREET CLOSURE
5. A. T. ASSOCIATES CONDITIONAL USE PERMIT
6. DALL4S V. NORMAN, WITCHDUCK L4KE INT, IN(-@ CONDITIONAL USE PERMIT
7 JAMES ENGLISH AND CL4RA DEJOURNETTE REPL4CEMENT OF A
NONCONFORMING USE
8. CITY OF 117RGINLI BEA(H CONDI77ONAL CHANGES OF
ZONING AND
CONDITIONAL USE PERMIT
9. CITY OF 117RGINL4 BEACH STREET CLOSURE
March 28, 1995
28 -
PUBLIC HEAPJNG ITEM # 38992
PLANNING BY CONSENT
UPON 'notion by Vice Mayor sessoms, seconded by Councibnan Baum, City Council APPROVED IN ONE
MOTION Items 3, 4*1 7 and 9 'If the PL4NNING AGENDA.
*Item V-K.4 was DEFERRED for 60 days (June 13, 1995).
Voting: 11-0
Council Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, Robert Y- Dean, William w.
Harrison, Jr-, Harold Heischober, Barbara M. Ilenley, Louis P, Jones,
Mayor Meyera I-. Oberndorf, Nancy K Iarker, juice Mayor William D.
Sessoms, Jr. and Louisa M '4rayhort,
Council Members Voting Nay.-
Non e
Council Members Absent:
None
March 28, 1995
- 29 -
e V-
PUBLIC HEARING ITEM # 38993
PLANNING
Charles Salle', 192 Ballard (,ourt, Phone: 490-3000, represented the applicant
Upon motion by Councibnan Harrison, seconded by Pzce Mayor 5essoms, City Council APPROVED:
MODIFIED CONDITION NUMBER FOUR in the February 11, 1992, approved Application of SOL
W. COHEN for a SLreet Closure of a portion of Croatan Road at the Northeast corner of Croatan Road
and Creneral Booth Boulevard (I.YNNIL4@N BOROII(;I]).
Ordinance upon application of @l W Cohen for the discontinuance,
closure and abandonment of a portion of Croatan Road located at the
northwest intersection of Croatan Road and (;etteral Booth Boulevard
7he parcel contains 17,824 Yquare feet. L YNNIIII @,N BOROU(,II.
4. A 50-fO()t landscape buffer is required along General Booth
Boulevard and a 30-foot landscape bufft@r is required along
Croatan Road where it adjoins Parcel A on the South. Existing
trees within the buffer shall be preserved to the greatest extent
feasible. No buildings or other improvements shall be
constructed in the buffer area except for a septic drainfield as
shown on the site plan entitled "Site Plan parcel A ". dated
27 October 1994.
Only those trees and vegetation absolutely, necessary for the
installation of the septic drainfield vhall 1)@! removed from the
easement area.
A hedge consisting of native vegetation on five-foot centers
shall be installed along the Cyencral Booth Boulevard right-of-
way line
Art Amended I)eclaration incorporating the above conditions
shall be recorded in the (@ce of the ('I(,rk .)rlhe ('ircuit Court
of Virgirii(i [leach.
All additional cottditions of the 11 l,ebrutii@@, 1992 approval
except Ni4rnbcr I-our. are still applicable,.
Further (-onditioits may be required during the administration
of applicable ("itv ()rdi@tances.
The site plan submitted with this conditional use permit may
require revision during detailed site plan review to meet all
applicable (ih (,odes.
March 28, 1995
- 30
Item V-KZ
PUBLIC HEARING ITEM # 38993 (Continued)
PLANNING
Voting: 7-4
Council Members Voting Aye
John A. Baum, Linwood 0. Branch, III, R(@b(,ri K. Dean, William W.
Harrison, Jr., FIarold Heischober, Kice Mayor William D. .5essoms, Jr.
and Louisa W. @trtiyhorii
Council Members Voting Nay @
Mayor Meyera E. (,)berndor]" Nancy K Parker Ifarbara M. Ilenley and
Louis R. Jone-s
Council Members Absent:
None
March 28, 1995
31 -
PUBLIC HEARING ITEM # 38993
PLANNING
Billy Garrington, 471 Southside Road, Phone: 428-4245, repr(-sented the applicant
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED the
Resolution upon application of OCEANA SALVAGE INC., for the
Application of Oceana Salvage, Inc., for the enlargement of a
nonconforming use on certain property located at 1040 Oceana
Boulevard @id [)arcel contains 9.074 a(,rev. PRINCE,@,5 4NNE
BOROUC,ll.
Zhe following condition shall be required.
1. 7he applicant shall only trade in K,recked, junked or
inoperatii,t, vehicles.
Voting: 11-0 (By Consent)
Council Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M Ilenley, Louis P, Jones,
Mayor Meyera E. Ober@idorf Nancy K I'ark(,r, Vic(, Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorii
Council Members Voting Nay.
Non e
Council Members Absent:
Non e
March 28, 1995
- 32 -
V- 4
PUBLIC HEARING ITEM # 38994
PL-4NNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council an additional
DEFERRED SIXTY DA YS (23 May 1995): Ae Petition of GEORGIA-PACIFIC CoRpoRATIoN for
the CIO Ur and abando ni of the unimproved portions of Mac and Price Streets:
Petition Of Gl','ORGL4-PACIFIC CORPORA77ONfor the discontinuance,
closure and abandonment of portions of the following streets.
Mac Street: Portion beginning at the @)uth(-rn boundary of Rouse
Drive and running in a Southerly direction a distance of 41&95 along the
Eastern property line and a distance of 375.82 feet along the Western
property line to the Northern boundary of the @irginia Beach-Norfolk
Expressway.
Price &re-el. lortion beginning at the Southern boundary of Rouse Drive
and running in a southerly direction a distance of 744.71 feet along the
Eastern property line and a distance of 674.67 feet along the Western
property to the Northern boundary of the Virginia Beach-Norfolk
F-xpressway. Kl,'MP,@1,LE BOROU(;IL
Voting: 11-0 (By (consent)
Council Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E. Oberndorf Nancy K Iarker, Vice Mayor William D.
Sessoms, fr. arid Louisa M. Strayhorti
Council Members Voting Nay:
Non e
Council Members Absent:
Non e
March 28, 1995
- 33 -
5
PUBLIC HEARING ITEM # 38995
PL4NNING
Bob Miller, 5033 Rouse Drive, Phone. 490-9264, represented the applicant
Upon motion by Councibnan Dean, seconded by CounciLpnan Harrison, City Council ADOPTED an
Ordinance upon application of A. T. ASSOCIATES for a o@idi ional Use Permit.-
ORDINANCE UPON AI'PLIC4T]ON 01, A. 7@ ASSOCL4TES for a
CONDITIONAL U,@E PERMIT FOR AN 41ITOMOTIVL REPAIR
FACILITY R03951946
BE IT HEREBY ORDAINED BY 771T,' COUNCIL OF Tlll,, (,'17Y OF VIRCINL4 BEICH, IIYRGINL4
Ordinance upon application of A. 7' Associatey for a Conditional Use
Permitfor an automotive repairfacility on the wt,st side of Central Drive,
1888 feet south of Patent Drive. @id parcel is located on I ots 18 & 19,
London Bridge Industrial Park II, Phase LYNNIIAVP'N &
PRINCE@@,@ ANArl,,' BOROU(,H,@
The following conditions shal! bt, required.
1. Ihere will b(, ii(@ outvide storage of auto sl)ac(, parts.
2 The Board of' Zoning Appeals must (oitsider the variance
request to required Category 1,7 screening
(Yhe condition requiring a 2.5-foot landscape buffer was deleted.)
7he Ordinance shall be effective in accordance with ,;ectiopi 70,- (f) of the Zoning Ordinance.
Adopted by the Council of the C'ity of Virginia Beach, Virginia. (,it the
Voting: 11-0
Council Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, Robert K. Dean, William W,
Harrison, Jr., Harold Heischober, Barbara M. Ilenley, louis R. Jones,
Mayor Meyera E. Oberndorf Nancy K. I'arkcr, Vi(c Mayor William D.
Sessoms, Jr. and Louisa M Strayhorti
Council Members Voting Nay.
None
Council Members Absent:
None
March 28, 1995
- 34 -
6.
PUBL7C HEARING ITEM # 38996
PL,4NNING
7he following registered in SUPPORT of the application:
Dallas Norman, 4237 Batte Road, Phone: 464-4256
Attorney Susan Hansen
the following registered in OPPOSITION to the application
Peter Steiner, 530 Peregrine phone: 499-5610
U'illiam Earnest, 522 Peregri@ie .';Irect, Phone. 490-2389
Charles Denson, 519 North Wit(,hduck Rod, Ihotie: 499-2343
Mike Kelleher, 5328 Thornburv lane, Phone: 497-8816
Howard Sorensen, 5127 Witchduck Court, Phone; 473-0564, represented the Witchduck Condo
Association
/,. T McGovern, 5125 Witchduck Court, represented the gritchduck Condo Association
Petitions in OPPOSITION to the application are hereby made @i part of the record.
Upon motion by Councilman Jones, seconded by Councilman Ifeischober, City Council DENIED the
Ordinance upon application e)f DALLAS V. NORMAN, WITCHDUCK LAKE INT., INC., for a
ORDINANCI,- UPON APPIICATION OF DALLAS V NORMAN,
UYTCHDUCK I-AKP,IN7', INC. FOR A CONI)177ONAL U,@ll, PERMIT
FOR A L4ND [@'II, 1,
Ordinance upon application of Dallas V. Norman, Witchduck lake Int.,
Inc. for a Conditional Use Permit for a landfill on certain property
located at the western extremity of Witchduck Coui 1. @aid parcel contains
15.6 acres. BAYI;IDE BOROU(,]I.
Voting: 10-1
Council Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, William W. Ilarrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf, Naticy K Parker, @ice May(@r Willi(int D. 5essoms, Jr. and
Louisa M. Sir(ivhor@i
Council Members Voting Nay.
Robert K I)ea,i
Council Members Absent:
None
March 28, 1995
- 35
e v-
PUBLIC HEARING ITEM 38997
PLANNING
Upon motion by Vice Mayor Sesso?w, seconded by Councilman Baum, City Council ADOPTED the
Resolution upon application of JAMES ENGLISH and CLARA DEJOURNETTE for the C nt
or 'n e:
Application of James P,nglish and Clara DeJouritette for the enlargement
of a nonconforming use on certain property located at 1356 Virginia
Beach Boulei,ard. LYNNFL4VI,,N BOROU(;IL
Ihe following condition shall be required:
1. 7he new dwelling shall nwintairi a 35-f(N)i setback from the
ultimate right-of-way of Virginia Beach Iit@ulevard.
Voting: 11-0 (By Consent)
Council Members Voting Aye
John A. Baum, Linwood 0. Brancl; III, Robert Y, Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. IIenley, Iouis R. Jones,
Mayor Meyera L,,. Oberndorf, Nancy K Parker. Vice Mayor William D.
Sessoms, Jr. and Louisa M. @trayhorn
Council Members Voting Nay
None
Council Members Absent:
None
March 28, 1995
- 36 -
Item V-K8
PUBLIC HEARING ITEM # 38998
PLANNING
The following spoke in SUPPORT of the application.
Mark Wawner, Acting Director - Economic Development
Jack Wrightsom Sound Expert, 1rincipal - WJHW, 13714 (;amma Road, @uile 110, Dallas, T@
75244
Killiam J. Cashman, Jr., AI(,'@ l,aiigley and McDonald, 5544 Greenwich Road, 23462 Phone: 473-2000
David Hewes, 6396 Blackwater Road 23457, Phone. 428-5-?51, teprcyerited the Fraternal Order of Police
Donald Kyle, 3716 N. Lan@'town Road 234.56, Phone: 427- 280i, represented the Landstown Road
Homeowners
Gabriel Jimenez, 1009 San Jose Court 23456, Phone. 721 -.?2 51
Captain Les Fenlon, 2224 Scallop Road 23451, Phone.- 481-2@01, represented the Council of Civic
Organizations
George Rice, 833 Creen 7ree .4rch 23451, I'horie: 428- 718@5
Karen Knott, 420 Investors l@la((, #104, I'hone: 456-0578, rcl)r(-sented the Columbus Day Soccer
Tournament
Mark Palamara, 1071 Red Oak Road 23452, Phone: 459-4651 represented Atlantic Soccer
David C Fuller, Chair - Hampton Roads Chamber of C(@mmf,t(e - Virginia Beach Division, 4512
rzrginia Beach Blvd. 23462, Photi(,- 490-1223
l'om Griffiths, 1005 CreekvicK Ridge Cf. 2@3464, I'hon(@. 471 0403, represented: FM 99 Listeners
Henry Del 7oro (Bull), 7409 I)oumar Drive, Norfolk 23518. 583-3416, represents& FM 99
Listeners
Wally Erb, 150 Cayuga Road 23462, Phone. 497-7451
Henry Richardson, President - flotclIMotel Association, 968 S. ori(@le Drive #100, 23451 Phone: 428-
8015
Wayne Smith, President - Va. Beach Chapter - Va. Restaurant Association, 968 .5. Oriole Drive #100
Rick Hall, President - Resori Retailers Association, 968 S. Oriole Drive #10()
Rick Anoia, Chairman - Resort Leadership Council, 968.,;. Ori(,/(, I)riv(,
Carol Lare, 4812 Rugby Road 2-3404. Phonf,: 490-8(@12
Michael A. Zueger, 3912 Antelope (ourt, Phone: 471 - 5405
James M. Pendergast, Virginia Beach Vision, Phone: 499- 700-
Attorney R. Edward Bourdon, 1embroke One, l,ifth FI(x)r, I'hone. 499-8971, represented the Salem Lakes
Civic League and advised SUPPORT, but still expressed concerns relative noise and security.
Robert Taylor, 908 Cavalier [)rive, I'horic: 422-2800
Dennis Borgerding, 3716 Joppa Lane, Phone: 471-2197, President of Salem Lakes Civic League, advised
SUPPORT, but expressed concerns relative naive and advised Yuggestions.
March 28, 7995
- 37 -
Item V-K8
PUBLIC HEARING ITEM # 38998 (Continued)
PL,4NNING
7he following spoke in SUPPORT of the application (Continued).
Lt. Nancy Heath, USN, AICUZ 6yf7cer - Oceana, 1797 Pathfinder Drive, Phone: 426-7684, advised
location of Amphitheater in Voise @)ne 1, which is a compatible use.
Mark Garcea, 1072 Saw ]en loirit 7rail, Phone: 460-9.509
Terry Paine, Tidewater Asso(,iatiori Of Realtors, Phone: 473-9700
Richard Welton, 4510 Oceanfront Avenue, Phone: 428-8218
Morgan I)avis, 916 I-Iolladay loint, Phone: 428-6032
Brian Winfield, 1348 Harris Road, I'hont,: 486-4934
Attorney Kevin Martin-Gayli, 802 Baltic Walk, Phone: 422-4700
H. Britt Lipscomb I-V, 945 Suminervide Court 23456, president of (;Ienwood Home Association
William Gilliarm 1310 Virginiti Beach Boulevard 23454, I'hoii@, 428-3490, rhythm and blues band.
Bill Reid, Cellar Door Produ,, tiofi.@, Inc.
The following expressed coric eras relative noise and traffic as adjacent residents:
Reverend William B. "iteside, 2217 Citinabay Court 23456, I'horte: 471-1619, represented the Rock
Creek Homeowners'Association, Civic League still voting on amphithealre
grilliam 7hon4 3709 Grey Lane, Phone: 471-5484, resilient of Salem lakes
Kathy Burkett, 3717 Joppa Lane, phone: 471-0758, adjacent r,!,Yident, advised SUPPORT, but expressed
concern relative noise and behavior.
Thomas Wirges, 3969 Joustirig,,Irch, phone: 471-0565, resident of Salem Lakes, advised SUPPORT, but
expressed concern relative nt)i.@(,.
David M. S?nitk 3985 JoustiiiK ,Irch, Phone: 471-0867, Nofessional @Afusician (35 years), requested
DEFERRAL of the project.
Greg Hammond, 1853 Riverrock Arch, Phone. 471-3058, resident of Rock (,'reek
Terry O'Donnell, 3596 Landvlowii Road, 13hoite: 430-0047
7he following spoke in OPPOSITION.-
Katherine C Taylor, 3897 ';hermaii Oakv Ave. 23456, phone: kiO-2611
Al Strazzullo, 3120 Sand Pin(, Road 23451, Phone: 481-0024
Kevin Robinson, 2092 Rock I,akt, Loop 23456, Phone 471-4.@
Joyce A. Carter, 3712 Farley (t@urt, phone: 471-3021
Lou Pace, 1908 Hunts Neck (,ourt, phone: 468-0925
Jay DeLancey, 5904 #102 Jake @ears Circle, Phone: 424-2622
March 28, 1995
- 38 -
Item V-K8
PUBLIC HEARING ITEM # 38998 (Continued)
PL,4NNING
7'he following spoke in OPPOSITION (Continued):
Marc Chambers, Landstown Vfeadowv resident
Ben Krause, 1456 5 Hill Trail (Sea Breeze I,armv), resident of Little Neck area, Phone: 486-3721
Sam Houston, Jr., 1514 South Sea Breeze Trail, resident of Little Neck area, Phone: 340-0956, suggested
to utilize investors'funds and not City fundv.
The following were also in attendance to respond to City Council concerns re the amphitheatre:
Dana D. Barclay, Systems - WanagementlAnalysisISafety - Iir(-raft Mishap Investigation, Phone: 496-
2002,
Jeffrey M. Griffit4 President - (;riffiti and Associates, O()4 North Overlook ])rive, Alexandria, Pirginia
22305
Burrell F Saunders, AL4, Partner, Suite 200, 5401 Corporate Woody Drive, Phone: 497-5060
Upon twtion by Councibnan Dean, seconded by Council Lady ';trayhorn, City Council ADOPTED
Ordinances upon application of the CITY OF 117RGINL4 BEA(H:
ORDINANCE UPON APPLICATION Of- 'FIII, CIIY OF VIRGINLI
BEACH, WR(,INLA FOR A CONDITIONAL ("IIAN("F 01- ZONING
FROM 0-2 7'0 AG-] Z03951442
BE IT HEREBY ORDAINI,,I) BY 7711,, COUNCIL OF 7'[II, (YIY Ol,' 117R(,INIA BEACH, VIRGINLI
Ordinance upon application of the City of Virginia Reack Virginia, for
a Change of Zoning District Classification from Conditional 0- I Office
District to A(;- I Agricultural District on certain propertv located 2100
feet more or less southwest of the intersection of 1rincess Anne Road and
North Landsl(@wri Road. The proposed classification change to AG-] is
for agricultural land use. 7he Comprehensive I'lan recommends use of
this parcel for agricultural, commerical and residential use in accordance
with Plan policies for Transitional Area I @id parcel contains 80 acres.
PRINCE,5,@ AIVNI,' BOROU(;IL
ORDINANCE UPON APPLICATION Ol-' fl]P CITY OF P7RGINL4
BEACH, 117RCINL4 FOR A CONDI7'IONAL (,'IIANCE ()I, ZONING
FROM B-2 7'0 A(;-l Z039-51443
BE IT HEREBY ORDAINI,,I) [SY 7711., COUNCIL OF 'FI[E (77'Y OF 117R(,INIA BF-4CH, VIRGINL4
Ordinance upon application of the City of Virginia Beach, Virginia, for
a Change of Zoning District Classification from Conditional B-2
Community Business District to A(;-l Agricultural District on certain
property located 3400 feet more or less southwest of the intersection of
Princess Ann(- Road and North Landstowti Road Ae proposed zoning
classification change to A(;-] is f(@r agricultural land use. The
Compreherisii-e I'laii recommeitdv us(, of this parcel for agricultural,
commercial and residential uses in accordance K,ith other Plan Policies
for Transitional Area 1. @aid parcel contains 25 ei@ rt-S. I'RIN(.']-,," ANNE
BOROU(;]L
March 28, 1995
- 39
m V- 8
PUBLIC HEARING ITEM # 38998 (Continued)
PLANNING
ORDINANCE UPON AI'PIICATION OF 711E Cjly OF k7RGINLI
BEACH, P7RCINL4 FOR A CONDI77ONAL (IlAiVCE Op ZONING
FROM R-10 TO A(;-l Z03951444
BE IT HEREBY ORDAINFI) BY 17/f,' COUNCIL OF Till,, (,'Il'y OF VIR(,'INL4 BEACH, WRGINL4
Ordinance upon application of the City of rzrginia Beach, Virginiafor
a Change of Zoning District Classification from Conditional R-10
Residential District to AG-] Agricultural District on certain property
located 4350 feet more or less southwest of the intersection of Princess
Anne Road and North Landstown Road. The Comprehensive Plan
recommends use of this parcel f(@r agricultural, commercial and
residential uses in accordance with other plan policies for Transitional
Area L @id parcel contains 5 acres. I'RINCE,@ ANNE BOROU(;H.
ORDINANCE UPON APPLICATION Of,' TIIP, CITY OF P7RCINL4
BEACH, VIRIGNL4 FOR A CONDI7'IONAL IISE PERMI7' FOR A
RECREATIONAL I,A(,'11,17Y OF,'AN OLITDO01? NATURE R03951947
BE IT HEREBY ORDAINED BY 7711,, COUN(.II, OF IIIL- ( IIY Of;' VIR(,INIA BEACH, PIRGINL4
Ordinance upon aplilication of the City of Virginia Beach, Virginia, for
a Conditional Uye Permit for a recreational facility of an outdoor nature
(amphitheatre) on certain property located west of North l,andstown
Road beginning at a point 2200 feet mort- (,p less southwest of the
intersection of Princess Anne Road and North Land.%,town Road. Said
parcel contains 110 acres. PRINCE,';,@ ANNI-, BOROU(,'II.
7he following conditions shall be required:
1. Except at the entrances, applicant shall provide along North
Landstown Road (extended) a mixture of landscaping and
undulating berms to provide sight and vound attenuation. If
similar landscape features are to be provided within the right-
of-way of North landstown Road (extended) as part of its
constructio;t, this condition may be waived at detailed site plan
review.
2. A sign plan shall be presented to the Design Advisory Group
prior to the public hearing on arty variance to the sign
regulations that may be submitted to iht@ Board of Zoning
Appeals.
3. All concerts will end by 11 I'M.
March 28, 1995
- 40 -
Item V-K8
PUBLIC HFARING ITEM # 38998 (Continued)
PLANNING
4. Noise disturbance shall be measured at the property line of
residential properties at the Southeast corner of the @em
Lakes Subdivision. The maximum permissible noise level shall
be 60 dBA, measured over continuous one -hour period during
the hours of 10 AM and 11 PM. The maximum permissible
noise level shall be 50 dBA between the hours of 11 PM and 10
AM. Implementation of this condition shall be as set out in the
Noise Restrictions Agreement between the City and the
amphitheater operations and which iy included as a condition
of this L'se Permit by reference.
5. A document encompassing special sound restrictions shall be
made a part of this Condition.
6 Keep buffer area preserved and frees shall remain.
These Ordinances shall be effective in accordance with 5(,,clioll /07 (t) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, @,ii the Tweniy-eighth of March, Nineteen
Hi4ndred and Nineiy-Five.
Voting: 11-0
Council Members Voting Ay(,:
John A. Baum, Linwood 0. Branc& III, Robert K. Dean, William W
Harrison, Jr., Ilarold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Naney K. Parker, rice Mayor Tirilliam D.
Sessoms, Jr. and louisa M. Strayhorii
Council Members Voting Na.i.
None
Council Members Absent:
Norte
Councibnan Jones DISCLOSED pursuant to @ection 2.1-639.14(G) of the Code of Virginia, he owns
property located adjacent to "Iake Ridge" property, and in close proximity to the city -owned property
which is the subject of the applications. Hisproperty is valued in excess of $10,000.00. Councibnan Jones
declared he is able to participate in the transaction fairly, objectively, and in the public interest.
Councilman Jones' letter of March 28, 1995, is hereby made a part of the record.
March 28, 1995
- 41 -
Item V-K9
PUBLIC HEARING ITEM 38999
PL4NNING
Upon motion by Yzce Mayor Sessoms, seconded by Councilman Baum, City Council APPROVED the
Petition of the City of Virgi@ Beach, rirgi@ for the discontinuance, closure and abandonment of a
portion of Princess Anne Road.
Petition for the discontinuance, closure and abandonment of a Portion of
Princess Anne Road beginning at a point 480 feet more or less North of
Flanagans Lane and running in a Northerly direction to the Eastern
boundary of Relocated Princess Anne Road. @id parcel is variable in
width and contains 32,301 square feet. PRIN('I,,,SN ANNF BOROU(;H.
The following conditions shall be required:
1. Resub&visiott of the property and vacation of internal lot lines
to incorlx)rate the closed area into adjoining parcels, as well
as to ensure that all lots have access to a public street.
2. An easement satisfactory to Virginia lower must be dedicated
over the exivting facilities.
3. 7he Ordinance closing the righl-of-way must be redrafted to
include a sav(,--and-except clause for the utility easement.
4. Closurf of the right-of-way shall /)(- contingent upon
compliance with the above-stated (-oriditions within 180 days
of the approval by (,ity Council (26 S(!pt(-mber 1995)
Voting: 11-0 (By C'onsent)
Council Members Voting Ay,e:
John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W.
Harriyon, Jr., flarold Heischober, Barbara M. Ilenley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K I'ark(,r, Vice Mayor William D.
Sessoms, Jr and Louisa M. @trayhorii
Council Members Voting Ntiv
Non e
Council Members Absent:
None
March 28, 1995
- 42 -
e V-N
ADJOURIVMENT ITEM # 39000
Mayor Oberndorf DEC D the City Couricil Meeting ADJOURNED at 12:05 A.M.
-------------------
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
---- -- - --- - --------------------------
uth Hodges Smith, 'Al Meyera L Oberndorf
City Clerk Mayor
City of Virginia Beach
;'irgittia
March 28, 1995
"WORLD'S LARGEST RESORT CITY"
I I Y (@( )LJN(:[I,
IIAII)RMII'l@l?Al I'lli@[?Nl@)Ri
@ 11 I @t II)R Wll,i.IAM 1) JR, 1,
l@)ii A HAI IM
l@INW(X)J) 0 BRAN(:fi, If], Vi,,..@ B,@,h
1?08P,Rl K I)EAN P,i@,,@, A@,, %,@.,h
@, W IIAUISON,]R, L,@@h---
IMRBA@ M liFNLEY, l@ .. @ @.@,h
I @ It 'IS R IONL,@,
L(IIIN 1) W@, Al L,,,
NAN(2Y K P,4RKER Al-i@,,
I I)EIISA M @TRAYIIORN
JAMES K SIN)RI, (:.,, M ...... 17 f tl,i "I ';LIIINI;
1,1@-Si It t, 1,1@ I I:il, A@l,,,., CITY COUNCIL AGENDA Mt:@Nt(:IP 11 @.N I l@P
RI!7 11 I It lik@ES LV,111771 (@MI: I AA12, I:il VIRI;tvl" bhl( 1, "@',
@ll" @2, I'll,
MARCH 28, 1995
I. PRESENTATION -- Conference Room - 3:30 PM
A. FY 1995-1996 OPERATING BUDGET and
FY 1995/1996 - 2000/2001 CAPITAL IMPROVEMENT PROGRAM
E. Dean Block, Director, Management and Budget
II. AGENDA REVIEW SESSION - Conference Room - 4:00 PM
A. REVIEW OF AGENDA ITEMS
B. CITY COUNCIL ('ONCERNS
III. CITY MANAGERIS BRIEFING
A. VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) - PREALLOCATION
John W. Herzke, City Engineer
IV. INFORMAL SESSION - Conference Room 5:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
V. FORMAL SESSION - Council Chamber 6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Mark Vender
Calvary Presbyterian Church
Requested by Mayor Meyera E. Oberndorf and
Vice-Mayor William D. Sessoms, Jr.
1 A RESOLUTION REQUESTING THE COMMONWEALTH
2 TRANSPORTATION BOARD TO DESIGNATE CERTAIN
3 SEGMENTS OF ROUTE 64 AND 664 IN HAMPTON ROADS
4 AS THE "HAMPTON ROADS BELTWAY"
5 WHEREAS, Interstate 664, which includes the Monitor-
6 Merrimac Bridge Tunnel, and Interstate 64, which includes the
7 Hampton Roads Bridge Tunnel, are the backbone of the roadway system
8 in Hampton Roads;
9 WHEREAS, these roadways, in effect, constitute a beltway
10 by virtue of their convergence both adjacent to the Hampton
11 coliseum and in the Bowers Hill area of Chesapeake;
12
WHEREAS, the Hampton Roads Caucus of the Virginia General
13 Assembly endorsed a very worthy proposal by Senator Frederick
14 Quayle that this segment of roadway be named the Hampton Roads
15 Beltway in order to better identify and connect the region, and to
16 make the superiority of our ability to move people, goods, and
17 services more evident;
18 WHEREAS, the Code of Virginia authorizes the Commonwealth
19 Transportation Board to give suitable names to state highways if a
20 resolution from the governing bodies of the cities through which a
21 road passes support the naming of the road; and
22 WHEREAS, Interstate 64 crosses through approximately two
23 miles of the western section of the Cit@ of Virginia Beach.
24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
25 OF VIRGINIA BEACH, VIRGINIA:
26 That City Council hereby requests the Commonwealth
27 Transportation Board and Secretary Robert E. Martinez to designate
28 the segments of I-664 and I-64 mentioned above as the "HAMPTON
29 ROADS BELTWAY;"
30 BE IT FURTHER RESOLVED:
31 That City Council also requests that the State's highway
32 maps be amended, at the next printing, to indicate such
33 designation, and that such signs as are necessary to sufficiently
34 identify the "Hampton Roads Beltway" be constructed by the Virginia
35 Department of Transportation; and
36 BE IT FURTHER RESOLVED:
37 That City Council hereby expresses its appreciation for
38 the efforts of Senator Frederick Quayle and other members of the
3 9 Hampton Roads General Assembly Delegation to have this designation
40 effectuated.
41 Adopted by the Council of the City of Virginia Beach,
28 March
42 Virginia, on the day of 1995.
43 CA-5884
44 ORDIN\NONCODE\BELTWAY.RES
45 R-1
46 PREPARED: 03/20/95
2
1 AN ORDINANCE TO AUTHORIZE ADVANCED
2 ACQUISITION OF PROPERTY IN FEE
3 SIMPLE FOR RIGHT OF WAY FOR GREAT
4 NECK ROAD PHASE IV/LONDON BRIDGE
5 ROAD PHASE III, CIP 2 - 1 3 7 BY
6 AGREEMENT
7 WHEREAS, on September 1991, the City Council
8 adopted a resolution requesting the Virginia Department of
9 Transportation to design and construct @his project;
10 WHEREAS, the preferred alignment will necessitate
11 the eventual acquisition of the McMillan Mobile Home Park, and the
12 owners have requested the advance acquisition of their property;
13 WHEREAS, the Virginia Department of Transportation
14 has approved the advance acquisition request Of the McMillan Mobile
15 Home Park;
16 WHEREAS, the Virginia Department of Transportation' s
17 total acquisition/relocation expense for the McMillan property is
18 $375,000 and the maximum City share @Ls @ of $375,000 or $7,500;
19 WHEREAS, in the opinion of the Council of the City
20 of Virginia Beach, Virginia, a public necessity exists for the
21 construction of this important roadway to provide transportation
22 and for other public purposes for the preservation of the safety,
23 health, peace, good order, comfort, Convenience, and for the
24 welfare of the people in the City of Vir(linia Beach:
25 NOW THEREFORE, BE IT ()RDA FNED BY THE COUNCIL OF THE
26 CITY OF VIRGINIA BEACH, VIRGINIA:
27 Sect--ion 1. That the (it/ Council authorizes the
28 acquisition of all that certain real property in fee simple known
29 as the McMillan Mobile Home Park, as shown on the Location Map
30 entitled, "GREAT NECK ROAD - PHASE IV/I,oNDON BRIDGE ROAD - PHASE
31 III (CIP 2-137) MCMILLAN MOBILE HOME PARK ADVANCE ACQUISITION
32 REQUEST", this Location Map being on fi le in the City Engineer's
33 office of the Department of Public Works, 'lirginia Beach, Virginia.
34 Section 2. That the ('ity Manager is hereby
35 authorized to make or cause to be made on behalf of the City of
36 Virginia Beach, to -he extent that funds Care available, an offer to
37 the owners or persons having an interest in said lands.
38 Adopted by the Council of the City of Virginia
39 Beach, Virginia, on the 28 day of @lai-(h 1993.
40 CA-5870
41 NONCODE\CA5870.ORD
42 R-1 APPROVED AS TO CONTENTS
C'. @
SIGNATURE
i2i @ldah
DEPARTMENT
APPROVED AS TO LEGAL.
@ITY ATTORN12Y'
2 AN ORDINANCE TO AMEND AND REORDAIN
3 SECTION 21-398 OF THE CODE OF THE
4 CITY OF VIRGINIA BEACH PERTAINING TO
5 HOURS DURING WHICH DIVISION IS
6 APPLICABLE
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 21-398 of the Code of the City of Virginia Beach
10 is hereby amended and reordained to read as follows:
11 Sec. 21-398. Hours and date* during which division is applicable.
12 (a) The provisions of this division shall apply to parking
13 from 9ig() a.m; te :7iOG pi%, en Thit-ti:eth Street and net-th e-f-
14 glhirtieth Street, and twenty-four (24) hours per day in all ether
15 areas, every day including federal and state legal holidays and
16 Sundays from @ April first to October first of each calendar
17 year.
18 (b) Pursuant to section 21-394, the city manager is hereby
19 authorized to designate specific areas in which the hours and/or
20 dates of applicability of this division are different from the
21 hours and/or dates set forth in subsection (a), Provided that any
22 such area is clearly identified by signs, curb markings or other
23 means.
24 Adopted by the City Council of the City of Virginia Beach on
25 this 28 day of _March 1995.
26 CA-5885
27 DATA/ORDIN/PROPOSED/21-398.ORD
28 MARCH 21, 1995
29 R2
APPR@
Public rks
APPROVED LFGAL
SUFFIC@CY
Tlepartment of law
NO. @ I @. 3M
AN ORDINANCE AUTHORIZING L ICENSE 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
Architectural Graphics, Inc.
P.O. Box 9175 11)91-94 Audit 22,@(8.45 22,568.45
Virginia Beach, VA 23450
Certified as to Payment:
Commissioner of i a @venue
Approved as to form:
Lesli@ L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
$22,568.45
The above abatement(s) totaling were approved by the Council
of the City of Virginia Beach on the day of @ch 19 95
Ruth Hodges Smith
City Clerk
1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A
2 NONCONFORMING USE ON PROPERTY LOCATED AT 1356
3 VIRGINIA BEACH BOULEVARD, IN THE BOROUGH OF
4 LYNNHAVEN
5 WHEREAS, James English and Clara DeJournette (hereinafter
6 referred to as the Applicants) are the owners of a single-family
7 dwelling located at 1356 Virginia Beach Boulevard, in the Borough
8 of Lynnhaven; and
9 WHEREAS, the said dwelling is located in the B-2
10 Community Business and A-12 Apartment Districts, and is therefore
11 a nonconforming use in that single-family dwellings are not allowed
12 uses in those zoning districts; and
13 WHEREAS, the Applicants desire to demolish, reconstruct
14 and enlarge the said dwelling; and
15 WHEREAS, pursuant to Section 105 (d) of the City Zoning
16 Ordinance, the City Council may authorize the reconstruction and
17 enlargement of a nonconforming use if it finds that the use, as
18 proposed, is equally appropriate or more appropriate to the zoning
19 district than the existing nonconforming use;
20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
21 OF VIRGINIA BEACH, VIRGINIA:
22 That the City Council hereby finds that the proposed
23 dwelling, as reconstructed and enlarged, would be equally
24 appropriate to the zoning district as the existing establishment.
25 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA:
27 That the City Council hereby authorizes the
28 reconstruction and enlargement of the aforesaid single-family
29 dwelling, as proposed by the Applicants, upon the condition that
30 the new dwelling shall be set back no less than thirty-five (35)
31 feet from the ultimate right-of-way of Virginia Beach Boulevard, as
2 shown on the Master Street and Highway Plan.
33 Adopted by the Council of the City of Virginia Beach on
34 the - 28 th day of @ch 1995.
35 CA-95-5873
36 wmordres\english.res
37 R-1
38 3-15-95
APFROVED AS TO CONTENT
3 -
m
APPROVED AS TO LEGAL
SUFFJC@CY
- iql I
Department of Law