APRIL 8, 1997 MINUTESCity of Virgiiaia Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR ~dE'~ ERA E OBERNDORF At Iarge
VICE MAYOR WILLIAM D SESSOMS, IR At Large
JOHN A BAUM Blackwater Borough
LINWOOD 0 BRA~ICH Ill V~rgmm Bea, h Borough
WILLIAM W HARRISON JR Lvnnhaven Borough
HAROLD Ht:_ISCHOBER, At Large
BARBAR 4 M HENLEY Pungo Borough
LOUIS R ]O,NES BaysMe Borough
REBA S ~/c( 1 ANAN Prtncess Anne Borough
NANCY K P4RKER At Large
LOUISA M ",TRAYHORN Kempsvzlle Borough
JAMES K SPORE, C~tv Manager
LESLIE L LILLEY C~ty Attarnev
RUTH HOD(,ES SMITH CMC / AAE Ctty (. lerk
CITY COUNCIL AGENDA
April 8, 1997
( ITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH VIRGINIA 23456 9005
1757; 427 4303
CITY COUNCIL WORKSHOP
FY 1997-98 Operating Budget
FY 1997-98/2002-3 CIP
Conference Room - 10:00 - 12:00
I. REVIEW OF AGENDA ITEMS
- Conference Room -
12:00 NOON
II. CITY COUNCIL CONCERNS
III. INFORMAL SESSION
- Conference Room -
1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
IV. FORMAL SESSION
- Council Chamber -
2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION:
Reverend James E. Womble
Lansdale Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
G. AGENDA FOR FORMAL SESSION
H. MAYOR'S PRESENTATION
1. PROCLMATION - SPECIAL OLYMPICS DAY: April 26, 1997
I. CONSENT AGENDA
The Consent Agenda will be determined during the Agenda Review Session and
considered in the ordinary course of business by City Council to be enacted by one
motion.
J. RESOLUTION/ORDINANCES
i ·
Resolution referring to the Planning Commission proposed
amendments to Section 1521 of the City Zoning Ordinance re
drive-thru facilities in the RT-3 Resort Tourist District·
·
Ordinance to APPROPRIATE $115,740 from the Sheriff's FY 1996-
97 Inmate Telephone Fund Revenue re increased medical
expenses, additional equipment and renovations to the
Correctional Center; and, estimated revenue from Inmate
Telephone fees be increased accordingly.
·
Ordinance to APPROPRIATE $59,932 from the General Fund Reserve
for Contingencies to the General Registrar's FY 1996-97
Operating Budget re funding two June 10, 1997, primary
elections (Republican and Democratic Parties for November 1997
Elections).
0
Ordinance to APPROPRIATE $46,096 from the State Compensation
Board to the Sheriff's FY 1996-97 Operating Budget re
acquiring electronic fingerprinting equipment; and, estimated
revenue from the State be increased accordingly.
·
Ordinance to ACCEPT and APPROPRIATE a $34,366 Grant from the
Commonwealth of Virginia, Department of Criminal Justice
Services to the Office of Community Corrections and the
Pretrial Services Program re salary supplements and enhanced
technology; and, estimated revenue from the Commonwealth of
Virginia be increased accordingly.
·
Ordinance to grant one-year franchises for the operation of
open air cafes on public property in the Resort Area; and, to
authorize the City Manao~r to ~,,~
K. PUBLIC HEARING - PLANNING 2:30 PM
PLANNING BY CONSENT - To b~ determined during the Agenda Review Session
i ·
Application of RECA~DO LEWIS, NEW DIRECTION DEVELOPMENT CO.,
L.L.C. for a Change of ZoniDg District Classification from AG-
1 and AG-2 Aaricultural District to R-10 Residential on the
North side of Painters Lane beginning at a point 300 feet more
or less West of Townfield Lane, containing 45 acres more or
less (PRINCESS ANNE BOROUGH)·
Deferred-.
March 25, 1997
Recommendation:
APPROVAL
o
Application of 3 MAC ASSOCIATES, L.C. for a Conditional Change
of Zoning District Classification from AG-1 and AG-2
Aoricultural Districts; R-20 Residential District; and R-10
Residential District to Conditional R-10 Residential District
on property West side of Princess Anne Road beginning at a
point 100 feet more or less South of Three Oaks Drive,
containing 12.007 acres (PRINCESS ANNE BOROUGH)·
Recommendation:
APPROVAL
·
Applications for PAUL D. ROWAN on the West side of South
Birdneck Road beginning at a point 840 feet North of Bells
Road, containing 15 acres more or less (LYNNHAVEN BOROUGH):
a·
Change of Zoning District Classification from I-1 Light
InduBtrial District to AG-2 Aoricultural District
bo
Conditional Use Permit for a veterinary hospital and
boardin~ of horses
Recommendation:
APPROVAL
0
Applications for Conditional Use Permits for EXXON CORPORATION
for a automobile servioe stations in conjunction with a
convenience store with fast food:
a·
Plus a g~r~~h at the Southeast corner of Virginia Beach
Boulevard and Rosemont Road (3653 Virginia Beach
Boulevard), containing 1.624 acres (LYNNHAVEN BOROUGH).
bo
At the Northwest corner of Virginia Beach Boulevard and
Independence Boulevard (4600 Virginia Beach Boulevar4),
containing 35,632 square feet (BAYSIDE BOROUGH).
Recommendations: APPROVAL
N. ADJOURNMENT
FY 1997-1998 OPERATING BUDGET & CAPITAL IMPROVEMENT PROGRAM SCHEDULE
EVENT
Councd Workshop
Councd Workshop
Pubhc Hearing
Councd Workshop
Councd Workshop
DATE
Thursday, dlard 10
Tumday, dlard 15
Thursday, Aprd 17
Thursday,/lprd 24
Tuesday, Aprd 29
Informal Sessum
Formal Session (Re. scheduled
from 4/22)
TIME
10:00 AM - Noon
ZOO PM
3. O0 PM - 6:00 PM
10'00 ~al4 - NOON
12: NOON- 2 OO PM
2 O0 PM -
PLACE
Ca~ Manag~ Confer~nc~ Room
C~ty Ma~g~'s ~f~
~s A~e ~gh ~1
C~ Ma~g~ ~f~ce ~m
Crty Manager's Conference Room
Ctty Manager's Conference Room
Ctty Councd Chamber
Pubhc Heanng Tuesday, May 6 ZOO PM City Councd Chamber
Reconcdtatum Workshop Tuesday, May 6 Followtng Councd Sessum City Manager's Conference Room
2:00 PM
Adopt Budget & C. LP
II~sday, May 13
Cay Councd Chomb~r
* * * * * * * * *
COUNCIL SESSIONS RESCHEDULED
APRIL 29, 1997 - 2:00 PM
(Rescheduled from April 22, 1997)
fl * * fl * fl * fl *
fl fl * * * fl * fl *
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
~ril 8, 1997
Mayor Meyera E. Oberndorf called to order the CITY COUNCIL WORKSHOP FY 1997-98
OPERATING BUDGET/FY 1997-98/2002-3 CAPITAL IMPROVEMENT PROGRAM in the Council
Conference Room, City Hall Building, on Tuesday, April ~ 1997, at 10:00 ~4.M.
Council Members Present:
John ~4. Baum, Harold Heischober, Barbara M. Henley, Reba S.
McClanan, Mayor Meyera E. Oberndorf and Nancy IC Parker
-2-
CITY COUNCIL WORKSHOP
FY 1997-98 OPERATING BUDGET/FY 1997-98/2002-3 CAPITAL IMPRO~MENT PROGRAM
10:05 A.M.
ITEM # 41981
E. Dean Block, Director - Management Services, advised there are four appropriation areas in the
Strengthening Families section: Comprehensive Services Act, Health, Mental Health/Mental
Retardation/Substance Abuse; and, Social Services.
FY 1996-97 FY 1997-98
Total Appropriations
General Fund Support
$ 44,372,848
$ 13,4o8,3o~
$ 49,$ 6,411
$ 14,626 747
COMP~HENSIVE SERVICES ACT
CSA Pool Funds
State allocation to fund children in foster care and other
residential services or to fund services for children at risk of
residential placement.
A total increase of $550,552 of which $197,091 is required
local match funding.
A projected number of 95 additional children will receive
services.
Family Preservation Act Funding
State allocation to fund services promoting family strength and
stabilUy.
An increase of $18,574 of which $1,851 is required local
match.
Will fund the provision of prenatal education and intervention,
as well as training in effectively parenting to fathers of children
receiving public assistance based on the Healthy Start Program
Model.
Daniel Stone, Director of Social Services, advised residential placements of children have involved a cost
of over $100,000 a year, but this would be a unique situation where the chiM was severely mentally ill
and may also be deaf. There are very few facilities to provide this type of service. There are only one or
two facilities within the United States. The emphasis is on minimizing the time the children have to spend
in these type of fucilities. Mr. Stone advised the travel arrangements for visits by the parents was provided
within this funding. '
H~4L TH Di~.PA RTMI~.]VT
-3-
CITY COUNCIL WORKSHOP
FY 1997-98 OPERATING BUDGET/FY 1997-98/2002-3 CAPITAL IMPROVEMENT PROGRAM
ITEM # 41981 (Continued)
DEPARTMENT OF SOCL4L SERVICES
Relocation to new building ($235,380 in new revenue)
Welfare reform implementation and funding
$91,860 local match funding. Final allocation from
State may increase.
Jobs Connection Event - Part of Strategic Action Agenda
652,380
$1,944,828
$ 19,356
No additional positions/FTEs provided.
Dr. Dennis Wool, Director - Mental Health/Mental Retardation Substance Abuse, advised their
departments work closely with the School Division to keep the special needs children in the schools and
with their own parents.
Mental Health/Mental Retardation/Substance Abuse
Continue to increase revenue from Medicaid
Limited growth in General Fund dollars.
An increase of $273,412 in General fund support.
No net increase in positions/FTEs
Increase in FTEs due to transfer from Comprehensive Services Act.
Dr. Suzanne Dandoy, Director - Public Health Department, advised, with respect to pre-natal care and
nutritio~ there is less emphasis among many women that these are important services to receive during
pregnancy. There is a major effort being launched by the Consortium for Infant and Child Health to
investigate pregnancy outcomes and to determine if there can be an improvement in pregnancy outcomes.
Dr. Dandoy has been selected to direct the new graduate program in Public Health at Eastern Virginia
Medical School. This is a new program jointly between EVMS and Old Dominion University.
Dr. Dandoy advised this is Public Health Week. There is a Fair at Kempsville Recreation Center and
displays at Pembroke Mall.
Mr. Stone advised the phenomenal increase in medicaid costs are not attributed to the number of
individuals of poverty level. The bulk of medicaid reimbursements go to long term care facilities and
public care for the elderly.
DEBT SERVICE
FY 1996-97 FY 1997-98
Total $ 94,069,502 ' $ 95,031,520
Non-Utility $ 79,851,166 $ 80,639,430
-4-
CITY COUNCIL WORKSHOP
FY 1997-98 OPERATING BUDGET/FY 1997-98/2002-3 CAPITAL IMPROVEMENT PROGRAM
ITEM tt 41981 (Continued)
Mr. Block displayed a chart citing General Government and Schools Outstanding General Obligation
Debt. The increase in General Obligation Debt over the last several years has been in the area of schools.
A decade ago, the amount of outstanding school debt was approximately 9~alf of the outstanding City debt.
By the year 2000, the City and School debt will be within a few million dollars of each other.
POLICY AND DECISION SUPPORT
FY 1996-97 FY 1997-98
$ 7,392,163 $ 8,097,032
Iftrginia Beach Quality Service System
General Registrar will be budgeted for Two Elections in FY 1997-98.
Vote Counter Replacement in C.I.P.
Team-Based Budgeting
Child Abuse Center, Forward Hampton Roads --Hampton Roads
Economic Development Alliance, Urban Partnership are Funded.
V'wginia Beach Web Page
City Services Guide to be mostly funded by Advertising Revenue.
Dr. Marlene Hagar, General Registrar, advised it would cost approximately $59,000 to conduct an
election for a Referendum not during the general election. Dr. Hagar advised there are 66 precincts
and they are anticipating opening another 14 precincts.
The National Voter Registration Act has dramatically changed everything within the office. Since last
March, 53,000 voters have been registered. There will be approximately 200,000 registered voters by July
1997. The Voter Registrar's Office is averaging 5100 voters registering per month. Dr. Hagar advised
there are 33 sites for mail registration..4dditional staff will be required. ~lpproximately 100-140 voter
registrations a week come from the Division of Motor Vehicles; however, they are not reviewing whether
the individuals have committed a felony, are mentally incompetent or are citizens. This results in many
problems for the Registrar's Office. The majority of the Registrar's equipment is over 20 years old. There
are 9 precincts with over 4,000 citizens and 31 precincts with over 3,000 citizens.
The City Attorney and Dr. Hagar will work on a map identifying the new Districts 1-7 and precincts
witldn those distn'cts. .
Mr. Block distributed a brochure, entitled: CITY OF VIRIGNIA BEACH PROPOSED RESOURCE
MANAGEMENT PLAN FY 1997-1998. which will be distributed to th~ 1 ihrnri~,e t~rt~,,oi~ ,,n~.;,n,,o
-5-
AGENDA RE VIEI4' SESSION
12:30 P.M.
ITEM # 41982
Nancy Creech, Chairman of the Neptune Festival, presented City Council with the Neptune Flag, to be
used during the celebration of the Neptune Festival Vice Mayor William D. Sessoms, Jr., is KING
NEPTUNE XXIV.
ITEM # 41983
Council Lady Parker inquired relative:
J. 1
Resolution referring to the Planning Commission proposed
amendments to Section 1521 of the City Zoning Ordinance re
drive-thru facilities in the RT-3 Resort Tourist District.
Vice Mayor Sessoms advised this Resolution was requested by Councilman Branch reflecting his concern
relative the fast food restaurants around the Pavilion.
ITEM # 41984
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
RESOLUTION~ORDINANCES
J.l Resolution referring to the Planning Commission proposed
amendments to Section 1521 of the City Zoning Ordinance re
drive--thru facilities in the RT-3 Resort Tourist District.
J. 2
Ordinance to APPROPRIATE $115,740 from the Sheriffs FY
1996-97 Inmate Telephone Fund Revenue re increased medical
expenses, additional equipment and renovations to the
Correctional Center; and estimated revenue from Inmate
Telephone fees be increased accordingly.
J.3
Ordinance to APPROPRIATE $59,932 from the General Fund
Reserve for Contingencies to the General Registrar's FY 1996-
97 Operating Budget re funding two June 10, 1997, primary
elections (Republican and Democratic Parties for November
1997 Elections).
J. 4
Ordinance to APPROPRIATE $4t~096 from the State
Compensation Board to the Sheriffs FY 1996-97 Operating
Budget re acquiring electronic fingerprinting equipment; and
estimated revenue from the State be increased accordingly.
J.5
Ordinance to ACCEPT and APPROPRIATE a $34,366 Grant
from the Commonwealth of Virginia, Department of Criminal
Justice Services to the Office of Community Corrections and the
Pretrial Services Program re salary supplements and enhanced
-6-
AGENDA RE VIE 14' SESSION
ITEM # 41985
Council Lady McClanan expressed concerns relative:
K1
Application of RECARDO LEWIS, NEW DIRECTION
DEVELOPMENT CO., L.L.C. for a Change of Zoning District
Classification from AG-1 and AG-2 Agricultural District to
R-lO Residential on the North side of Painters Lane beginning
at a point 300 feet more or less West of Townfield Lane,
containing 45 acres more or less (PRINCESS ANNE
BOROUGH).
In this application, the only access to the entire property is a short street. The application came forward
without a site plan. TownfieM Lane has traffic plans.
Councilman Baum advised a strip of wetlands is also involved and he requested information relative same.
ITEM # 41986
Council Lady McClanan advised members of Mount Zion Church attended the Planning Commission
Meeting and expressed concerns. This item will be &'scussed during the Formal Session.
K. 2 Application of 3 MAC ASSOCIATES, L.C. for a Conditional
Change o_f Zoning District Class(fication from AG-1 and AG-2
A~ricultural Districts: t~-20 Residential District: and R-10
--
Residential District to Conditional R-10 Residential District on
property West side of Princess Anne Road beginning at a point
100 feet more or less South of Three Oaks Drive, containing
12.007 acres (PRINCESS ANNE BOROUGH).
ITEM # 41987
Councilman Harrison advised OPPOSITION will be in attendance relative:
K3
Applications for PAUL D. ROWAN on the West side of South
Birdneck Road beginning at a point 840 feet North of Bells
Road, containing 15 acres more or less (LYNNtL4VEN
BOROUGH):
a. Change o.f Zoning District Classification from
Industrial District to AG-2 Agricultural District
b. Conditional Use Permit for a v'eterina~_ hospital and boarding
of horses
-7-
AGENDA RE VIEW SESSION
ITEM It 41988
Councilman Harrison advised this intersection is very congested at Rosemont Road.
al
Applications for Conditional Use Permit~ for EXXON
CORPORATION for a automobile service stations in
conjunction with a convenience store with fast food:
Plus a car wash at the Southeast corner of Virginia Beach
Boulevard and Rosemont Road (3653 Virginia Beach
Boulevard), containing 1.624 acres (L YNNHA VEN
BOROUGH).
ITEM It 41989
Councilman Harrison did not believe this Conditional Use Permff was in keeping with the Master Plan
for the Central Business District:
~4 Applications for Conditional Use Permits for EXXON
CORPORATION for a automobile service stations in
conjunction with a convenience store with fast food:
At the Northwest corner of Virginia Beach Boulevard and
Independence Boulevard (4600 Virginia Beach Boulevard), a
containing 35,632 square feet (B,4YSIDE BOROUGH).
ITEM It 4199O
Mayor Oberndorf advised a Resolution in RECOGNITION of the LADY MON,4RCHS will be presented
during the Formal Session. Coach Wendy Larry and Nyree Roberts will be in attendance.
-8-
CITY COUNCIL CONCERNS
ITEM # 41991
Mayor Oberndorf advised the FY 1997-1998 OPERATING BUDGET & CAPIT~ IMPROVEMENT
WORKSHOP involving Schools shall be televised on April 10, 199Z
ITEM # 41992
Council Lady Parker referenced Jamestown Commons had been a££ro~ed and requested Robert J. Scott,
Director of Planning, pro~ide information relative the plan which had been at¥~ro~ed.
-9-
ITEM # 41993
Mayor Meyera E. Oberndorf called to order the INFO~ SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, April ~ 1997, at 12:30
P.M.
Council Members Present:
John .4. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,,
Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
- 10 -
ITEM # 41994
Mayor Meyera E. Oberndorf,, entertained a motion to permff City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amendev~ for the following purpose:
PERSONNEL M.d~ERS: Discussion or consideration of or interviews
of prospective candidates for employmeng assignmeng appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (.d) (1).
Appointments - Boards and Commissions:
Development .duthority
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, 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 institution pursuant to Section 2.1-344(.d)(3).
Acquisition of Property Southeastern Parkway and Greenbelt
Right-of- Way
Disposition of Property Kempsville Borough
LEGAL MATTERS: 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 Section 2.1-344(.d)(7).
To-Wit: Sunstates House
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed
into EXECUTIVE SESSION (12:40 P.M.)
Voting: 10-0
Council Members Voting .dye:
John .d. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M.
Henley, Louis 1~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff,
Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
-11 -
FORMAL SESSION
VIRGINIA BEA CH CITY COUNCIL
April 8, 1997
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Council Chamber, City Hall Butldmg, on Tuesday, April 8, 1997, at 2'00 P.M
Councd Members Present
John A. Baum, Wtlham W Harrison, Jr, Harold Heischober, Barbara
M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E.
Oberndorf Nancy K Parker, Vtce Mayor Wdliam D. Sessoms, Jr and
Louisa M Strayhorn
Council Members Absent'
Ltnwood 0 Branch, III
[VACATION]
INVOCATION:
Reverend James E Womble
Lansdale Ba£ttst Church
- 12 -
CERTIFICATION OF
EXECUTIF~ SESSION
ITEM # 41995
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council CERTIFIED
THE EXECUTIVE 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 Executive Session to
which this certification resolution applies;
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
I/'oting : 10-0
Council Members I~oting ~4ye:
John A. Baum, William W.. Harrison, Jr., Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
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 # 41994 Page No. 10 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, Co) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
- 13 -
Item IV- F. 1.
MINUTES
ITEM # 41996
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED
the Minutes of the INFORMAL AND FORMAL SESSIONS of April 1, 1997.
Voting: 7-0
Council Members Voting Aye:
John ,4. Baum, Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf,, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III
- 14 -
Item IV-G. 1.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 41997
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
- 15 -
Item IV-H. 1.
PROCLAMATION
ITEM # 41998
Mayor Oberndorf PROCLAIMED:
APRIL 26, 1997
SPECIAL OLYMPICS DAY
Special Olympics is an international movement of sports training and competiton which gives children and
adults who are mentally challenged an opportunity to develop their physical skills, display their abilities
and fulfill their human potential. The Virginia Beach Special Olympics provides mentally challenged
citizens with the opportunity to participate in athletic training and competition as well as other social
events. The Area II Annual Track and Field Games will be hem on Saturday, April 26, 1996, at
Western Branch High School in Chesapeake.
Robert Miller ACCEPTED the Proclamation on behalf of the Athletes.
roriamaiion
cSpectal OIBmptca ta an tntem~bnal mo~men! of aporta /raining and compeh'hbn
wbtcb gio~ children and adulta who am menlal~ cballenggd an opporluniO] 1o
det~lop !lmirpb~ical dflla, diapl~ limit abilih~ and. moa! important~, fulfill !heir
bumanpolenh'al;
~ cO. ia c,~~ cSp~alO~tca provtd~ menlaills challenged cih~rta with
!be opportuni~ to parlicipale in atbleh'c training and compeh'tion aa uMl o.s other
social ee~nt~;
Cll)b~m: Cll3la ~ t1~ 5llw, a II 5ilmmal el'rack and ctqdd gamga, in&ding COirginta c~eacb
cS/~cid O~pic~, will b~ Md on cSaturd~, 5~pffl c2~, 199~, at clR~tem C~rancb
°digb cScbool in Cb~apea/~;
cIOb~r~aa: On b~bd/of ~b~ cOOrS'nm c&.cb cSmad O~omea. ~ C~/ Counal voould l~/~
to takg tim Igad in tucogni~ng tl~ couragg of all Opecial Olgmpiana. the ap!tit and
aduentum of cS, veaal Ol~n~tc~. and !ag contn'buh'ona of all mentall~l cbalkn~d
cih~na to our convnuni~l;
cll)beruaa:Cl'bla mill tm the aMb gear of tim CiOt Gounctl'a tradih'on of honoring especial
O~mpica.
9~oeo. ~oru. 9. 9V~a e. Obemdo~. 57~1~or of the CiO:I ofCT)irgtnia c-~eacb, cT)irginia.
do bereb$1Cprodaim:
57Iprtl ~0. 1991
cJpactal Olgtmptca cDa~l
~n cl)~ta c~~ and cal upon d citieena to honor Ibis dag and to auppod the games on 90pril
- 16 -
Item IV-H.2.
INTRODUCTION
ITEM # 41999
Mayor Oberndorf RECOGNIZED:
VICE MAYOR WILLIAM D. SESSOMS, JR.
KING NEPTUNE XXIV
Mayor Oberndorf acknowledged Council Lady Nancy Parker, whose beautiful daughter was selected as
one of the Neptune Princesses. Councilman Harrison has also been selected as a Triton in the court of
I/ice Mayor Sessoms. Mayor Oberndorf recognized Councilman Harold Heischober as a former lOng
Neptune and Councilman John Baum as a former Triton.
- 17-
lte~ IV-H.$.
RESOLUTION IN RECOGNITION
ITEM tt 42000
Mayor Oberndorf PROCLAIMED:
APRIL 8, 1997
LADY MON~CHS DA Y
Coach Wendy Larry and Nyree Roberts ACCEPTED the Resolution.
The Old Dominion University Lady Monarchs finished the season with their second best record in the
history of the school -- 34 wins and two losses and a 33 game winning streak. Ticha Penicheiro,
number 21, led the nation in assists and made the prestigious Kodak All American First Team and the
Associated Press All ~nerican First Team. Nyree Roberts, number 00, ranked in the top five in the nation
.for field goal percentage.
Coach Wendy Larry has been a part of the ODU women's basketball program for nearly 20 years, first
as a player, then as an Assistant Coach and finally as Head Coach.
Ticha Penicheiro, because of classes, was unable to be in attendance.
Mayor Oberndorf recognized the daughter of City Attorney Leslie Lilley as being the Lady Monarchs' ball
person.
clIm OldCDom~ton Clln~ ~ 9Vonamba flntslmd tlm ~=on =tt~ tb;~ agond b~ mcord in t~ ~to~
Old ~ommion ~nt~t~ ~ t~ ~b~ ~a ~ tn t~ ~ t~~t~ ~tda~t ~ton. t~ ~l~r tb~
~ ~ ~adg ~on~ conffnua to b~g p~ffv~ mc~lffon lo tb~ ~ton %a~ ~ton tbm~b
~0~
~p~l~, 1997
d~adl191Ionamba cOa!t
given undar our banda and aeafi thta ~blh dag of 57larll. 9~inetaen c)tundmd and
cO)ill~am
- 18 -
RESOL UTIONIORDINANCES
ITEM # 42O01
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED BY
CONSENT in ONE MOTION Resolution/Ordinances 1, 2, 3, 4, 5 and 6.
Voting: 10-0
Council Members Voting Aye:
John ,4. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~
Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
- 19 -
Ittm IV-J.1.
RESOLUTION/ORDINANCES
ITEM # 42002
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Resolution referring to the Planning Commission proposed amendments
to Section 1521 of the City Zoning Ordinance re drive-thru facilities in
the RT-3 Resort Tourist District.
Voting:
10-0 (By ConsenO
Council Members Voting ,4ye:
John ,4. Baum, William gE. Harrison, Jr., HaroM Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff,
Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
~one '
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REQUESTED BY COUNCILMEMBER LINWOOD O. BRANCH, III
A RESOLUTIONREFERRING TO THE PLANNING
COMMISSION PROPOSED AMENDMENTS TO
SECTION 1521 OF THE CITY ZONING
ORDINANCE, PERTAINING TO DRIVE-THROUGH
FACILITIES IN THE RT-3 RESORT TOURIST
DISTRICT
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That there is hereby referred to the Planning Commission,
for its consideration and recommendations, proposed amendments to
Section 1521 of the City Zoning Ordinance, pertaining to drive-
through facilities in the RT-3 Resort Tourist District. A true
copy of such proposed amendments is hereto attached.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the Planning Commission is hereby directed to report its
recommendations to the City Council by no later than May 15, 1997.
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Adopted by the City Council of the City of Virginia
Beach, Virginia, on the Ei§hth day of April , 1997.
CA-97-6608
wmmordres\45-1521.res
R-1
April 1, 1997
1 REQUESTED BY COUNCILMEMBER LINWOOD O. BRANCH, III
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AN ORDINANCE AMENDING CITY ZONING ORDINANCE
REGULATIONS PERTAINING TO DRIVE-THROUGH
FACILITIES IN THE RT-3 RESORT TOURIST DISTRICT
SECTION AMENDED: CITY ZONING ORDINANCE SECTION 1521
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 1521 of the City Zoning Ordinance of the City of
Virginia Beach, Virginia, is hereby amended and reordained to read
as follows:
Sec. 1521. Use regulations [RT-3 Resort Tourist District].
(a) Principal uses and structures: For parcels less than
twenty thousand (20,000) square feet in size, any one (1) of the
following is allowed; provided, however, that except as 9rovided in
subdivision (5.5~ of subsection (¢), drive-through facilities shall
not be permitted as a principal use in any portion of the district
east of ..... i= Avenue,
Street, or ,~u~ ~f ~utho~==t'.
(0.5) Antennas, building-mounted.
(1) Auditoriums and assembly halls;
(2) Boat sales;
(3) Business studios, offices, clinics and medical
laboratories;
(4) Bicycle rental establishments;
(5) Child care and child care education centers;
(6) Commercial parking lots, parking garages and storage
garages;
(7) Commercial recreation facilities other than those of an
outdoor nature;
(8) Dwellings, additions to single-family, duplex, semi-
attached, and attached;
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(13) Off-site parking facilities, provided the provisions of
section 1505 are met;
(14) Personal service establishments, including barber and
beauty shops, shoe repair shops, cleaning, dyeing,
laundry, pressing, dressmaking, tailoring and garment
repair shops with processing on the premises;
(15) Private clubs, lodges, social centers, eleemosynary
establishments and athletic clubs;
(16) Public buildings and grounds;
(17) Public utilities installations and substations including
offices; provided 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 the like shall
require only a landscaped screening hedge, solid except
for access opening;
(18) Retail establishments, including the incidental
manufacturing of goods for sale only at retail on the
premises; retail sales and display rooms and lots,
provided that yards for storage of new or used building
materials or yards for any scrap or salvage operations or
for storage or display of any scrap, salvage or
secondhand building materials or automobile parts shall
not be allowed, further provided that adult bookstores
shall be prohibited from locating within five hundred
(500) feet of any apartment or residential district,
single- or multiple-family dwelling, church, park or
school.
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(19) Multifamily dwellings when developed in conjunction on
the same parcel with other allowed uses where the floor
area of the multifamily dwelling does not exceed seventy
(70) percent of the total floor area of the entire
project;
(20) Motels and hotels which may have in conjunction with them
any combination of restaurants, retail commercial use and
convention facilities, provided that uses in conjunction
with hotels and motels may not occupy more than ten (10)
percent of the floor area of all structures (excluding
parking) located on the lot, and provided further, that
drive-through facilities shall not be permitted as a
principal use in any portion of the district east of
Arctic Avenue, south of Winston-Salem Avenue and 4th
Street, or north of 35th Street.
(b) Accessory uses and structures: Uses and structures which
are customarily accessory and clearly incidental and subordinate to
the principal uses and structures; provided, however, that drive-
through facilities shall not be permitted as an accessory use:
(1) An accessory activity operated for profit in a
residential dwelling unit where there is no change in the
outside appearance of the building or premises or any
visible or audible evidence detectable from outside the
·
building lot, either permanently or intermittently, of
the conduct of such business except for one (1)
nonilluminated identification sign not more than one (1)
square foot in area mounted flat again against the
residence; where no traffic is generated, including
traffic by commercial delivery vehicles, by such activity
in greater volumes than would normally be expected in the
neighborhood, and any need for parking generated by the
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other than members of the immediate family occupying such
dwelling unit is employed in the activity; where such
activity is conducted only in the principal structure on
the lot; where there are no sales to the general public
of products or merchandise from the home; and where the
activity is specifically designed or conducted to permit
no more than one (1) patron, customer, or pupil to be
present on the premises at any one time. The following
are specifically prohibited as accessory activities:
Convalescent or nursing homes, tourist homes, massage
parlors, radio or television repair shops, auto repair
shops, or similar establishments.
(c) Conditional uses and structures: Uses and structures
hereinafter specified, subject to compliance with the provisions of
part C of article 2 hereof; and provided, that except as set forth
in subdivision (5.5), drive-through facilities shall not be
permitted as a conditional or accessory use in any portion of the
district east of Arctic Avenue, south of Winston-Salem Avenue and
4th Street, or north of 35th Street:
(1) Automobile and small engine repair establishments,
provided that all repair work shall be performed within
a building;
(2) Automobile service stations; provided that, where there
,
is an adjoining residential or apartment district without
an intervening street, alley or permanent open space over
twenty-five (25) feet in width and where lots separated
by a district boundary have adjacent front yards, a six-
foot solid fence shall separate the automobile service
station use from the adjacent residential district and no
ground sign shall be within fifty (50) feet of the
residential or apartment district;
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(ii) A minimum of three (3) off-street parking spaces
for automobiles shall be provided for each car wash
space within the facility;
(4) Churches;
(5) Dormitories for marine pilots;
(5.5) Drive-through facilities of financial institutions
....... east of ..... ~ .................... ~ .....
Salem Ave~e u~d .......... ,
~treet;
(6) Eating and drinking establishments where all three (3) of
the following occur:
(i) Alcoholic beverages are served;
(ii) The establishment operates at any time between
12:00 midnight and 2:00 a.m.; and
(iii) The establishment excludes persons under
twenty-one (21) years of age during any part
of the day.
(6.1) Flea markets;
(7) Heliports and helistops;
(8) Homes for the aged, disabled or handicapped, including
convalescent or nursing homes; maternity homes; child
care centers, other than those covered under permitted
principal uses and structures hereinabove, when not
.
operated by a public agency;
(9) Home occupations;
(10) Hospitals and sanitariums;
(11) Marinas, including facilities for storage and repair of
boats and sale of boating supplies and fuel;
(12) Mini-warehouses, provided that the yard shall be
completely enclosed except for necessary openings for
ingress and egress by a fence or wall not less than six
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(15) Public utility storage or maintenance installations;
(16).Radio and television broadcasting stations, cellular
telephone antenna and line-of-sight relay devices;
(17) Recreational and amusement facilities of an outdoor
nature, which may be partially or temporarily enclosed on
a seasonal basis with approval of city council, provided
that, in the development of such properties, safeguards
are provided to preserve and protect the existing
character of adjacent properties, except that riding
academies and recreational campgrounds shall not be
allowed as a conditional use or otherwise.
(18) Satellite wagering facility.
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COMMENT
The amendments eliminate drive=through facilities, except those of financial institutions, as a use
in the RT-3 District. Drive=through facilities of financial institutions are permitted as conditional uses.
Adopted by the City Council of the City of Virginia Beach on
this day of 1997.
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CA-607
wmmordres\45-dt.com
R-1
April 2, 1997
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
,/ ~ /
I~¢nt of Lav~ ' '
- 20 -
Item I~-J.2.
RESOLUTION~ORDINANCES
ITEM # 42003
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinance to APPROPRIATE $115,740 from the Sheriffs FY 1996-97
Inmate Telephone Fund Revenue re increased medical expenses,
additional equipment and renovations to the Correctional Center; and,
estimated revenue from Inmate Telephone fees be increased accordingly.
l/'oting:
10-0 (By ConsenO
Council Members Voting .dye:
John A. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff,
Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None '
AN ORDINANCE TO APPROPRIATE $115,740 FROM INMATE
TELEPHONE FUND REVENUES TO THE SHERIFF'S
DEPARTMENT'S FY 1996-97 INMATE TELEPHONE FUND
OPERATING BUDGET FOR INCREASED MEDICAL EXPENSES,
ADDITIONAL EQUIPMENT, AND ADDITIONAL RENOVATIONS
TO THE CORRECTIONAL CENTER
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WHEREAS, the Shedff's Department receives revenues from outgoing telephone calls made
by inmates at the Virginia Beach Correctional Center;,
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WHEREAS, the inmate population ~s higher than odginal estimates, resulting in greater
revenues from outgoing telephone calls, and
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WHEREAS, the revenue denved from inmate telephone calls is used by the Shedff to
provide funding for inmate-related expenses.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that $115,740 be appropriated to the Sheriff's Department's FY 1996-97
Inmate Telephone Fund Operating Budget for increased medical expenses, additional
equipment, and addibonal renovations to the Correctional Center, and that this appropriation be
offset by an increase in estimated revenue from inmate telephone fees.
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Adopted by the Council of the City of Virginia Beach, Virginia, on the
Aprzl
,1997
Ezghth of
APPROVED AS TO CONTENT
Resource and Management Services Administrator
Department of Management Services
APPROVED AS TO
LEGAL SUFFICIENCY
- 21 -
Item l~-J.3.
RESOLUTION~ORDINANCES
ITEM # 42004
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Or&'nance to APPROPRL4TE $59,932 from the General Fund Reserve
for Contingencies to the General Registrar's FY 1996-97 Operating
Budget re funding two June 10, 1997, primary elections (Republican and
Democratic Parties for November 1997 Elections).
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John ,4. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff,
Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
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AN ORDINANCE TO TRANSFER $59,932 FROM THE GENERAL
FUND RESERVE FOR CONTINGENCIES TO THE FY 1996-97
OPERATING BUDGET OF THE OFFICE OF THE GENERAL
REGISTRAR FOR EXPENSES ASSOCIATED WITH PRIMARY
ELECTIONS
WHEREAS, the Republican and Democratic Parties have decided to select candidates for
election to State and local offices in November by the primary method;
WHEREAS, the FY 1996-97 Operating Budget of the General Registrar currently only
provides funding for the November president~al election, and
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WHEREAS, the unappropriated balance in the FY 1996-97 General Fund Reserve for
Conhngencies is sufficient to provide funding to hold two primary elections on June 10, 1997,
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that $59,932 be transferred from the General Fund Reserve for
Conbngenc~es to the General Reg~strar's FY 1996-97 Operating Budget to provide funding for
two June 10, 1997 pnmary elections
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This ordinance shall be effective on the date of its adoption
Adopted by the Councd of the C~ty of Virginia Beach, V~rginia, on the
April , 1997
Ezghth of
Walter C ~a-'~mer
Resource and Management Services Administrator
Department of Management Services
APPROVED AS TO
LEGAL SUFFICIENCY
Item l~-J.4.
RESOLUTION~ORDINANCES
ITEM # 42OO$
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinance to APPROPRIATE $4(~096 from the State Compensation
Board to the Sheriffs FY 1996-97 Operating Budget re acquiring
electronic fingerprinting equipment; and, estimated revenue from the
State be increased accordingly.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John ,4. Baum, William gE. Harrison, Jr., Harold Heischober, Barbara M.
Henley, Louis 1~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff,
Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None '
AN ORDINANCE TO APPROPRIATE $46,096 IN THE SHERIFF'S
DEPARTMENT'S FY 1996-97 OPERATING BUDGET FOR
ELECTRONIC FINGERPRINTING EQUIPMENT APPROVED AND
FUNDED BY THE STATE COMPENSATION BOARD
WHEREAS, the V~rg~ma Beach Sheriff's Department requested funds from the State
Compensabon Board for the purchase of electromc flngerpnnt~ng equipment,
WHEREAS, the State Compensation Board has approved part~al funding for the purchase of
such equipment, with the balance being funded through other sources, and
WHEREAS, no City funding ~s required to purchase the equipment,
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that $46,096 be appropriated to the Sheriff's Department's FY 1996-97
Operabng Budget in the Sheriff's Department Special Revenue Fund for the purpose of acqumng
electronic flngerpnnt~ng equipment, and that th~s appropnabon be offset by an ~ncrease ~n
esbmated revenue from the State
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Adopted by the Council of the City of V~rg~ma Beach, V~rg~nla, on the
April
, 1997
Ezghth of
APPROVED AS TO CONTENT
Walter C Kr,~/1/er
Resource and Management-Services Adm~mstrator
Department of Management Services
APPROVED AS TO
LEGAL SUFFICIENCY
Item IV-J.$.
RESOLUTION~ORDINANCES
ITEM tt 42006
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Or&'nance to ACCEPT and APPROPRIATE a $34,366 Grant from the
Commonwealth of Virginia, Department of Criminal Justice Services to
the Office of Community Corrections and the Pretrial Services Program
re salary supplements and enhanced technology; and, estimated revenue
from the Commonwealth of Virginia be increased accordingly.
10-0 (By ConsenO
Council Members Voting Aye:
John ~4. Baum, William gE. Harrison, Jr., Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff,
Nancy If. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
AN ORDINANCE TO ACCEPT AND APPROPRIATE TO THE
OFFICE OF COMMUNITY CORRECTIONS AND THE PRETRIAL
SERVICES PROGRAM A $34,366 GRANT FROM THE
COMMONWEALTH OF VIRGINIA, DEPARTMENT OF CRIMINAL
JUSTICE SERVICES, FOR SALARY SUPPLEMENTS AND
ENHANCED TECHNOLOGY
WHEREAS, the Commonwealth of V~rg~nia, Department of Criminal Justice Services,
provides annual funding for both the Office of Commumty Corrections and the Pretrial Services
Program,
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WHEREAS, the Department of Criminal Jusbce Services has awarded a $34,366 m~mgrant to
provide enhanced technology for both the Office of Community Corrections and the Pretrial
Services Program, and salary supplements for the Office of Commumty Corrections, and
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WHEREAS, the grant requires no matching City funds;
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that $34,366 in grant funds be accepted from the Commonwealth of Virg~ma,
Department of Criminal Jusbce Services, $5,786 of which will be appropriated to the FY 1996-97
Operating Budget of the Office of Commumty Corrections for salary supplements and enhanced
technology, and $28,580 of which will be appropriated to the Pretrial Services Program for
enhanced technology, and that estimated revenue from the Commonwealth of V~rg~nia be
~ncreased by the amount of the m~mgrant award.
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Th~s ordinance shallbe effective onthe date of~ts adopbon
Adopted bythe Counc~lofthe C~ty of V~rg~nia Beach, Virg~ma, onthe
Aprzl
,1997
E~ghth of
-'--- - Walter ~r~_emer
Resource and Management Services Administrator
Department of Management Services
APPROVED AS TO
LEGAL SUFFICIENCY
Item IV-J.6~/b.
RESOL UTIONIORD~ANCES
ITEM # 42007
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinance to grant one-year franchises for the operation of open air
cafes on public property in the Resort Area; and, to authorize the City
Manager to execute franchise agreements (FTRGINIA BEACtl
BOROUGH):
A. Ocean Isle Cafe
t/a Ocean Front Snacks, Inc.
2417 Atlantic Avenue
B. Fogg's Seaside Grill
415 Atlantic Avenue
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, William gE. Harrison, Jr., Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~
Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
AN ORDINANCE GRANTING FRANCHISES FOR
THE OPERATION OF OPEN AIR CAFES IN THE
RESORT AREA
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WHEREAS, the City has adopted, and incorporated into a
Franchise Agreement, regulations for the operation of open air
cafes on public property in the Resort Area;
WHEREAS, each of the following corporations/companies
(hereinafter referred to as "Grantees") has submitted an
application to the City for the grant of a franchise to operate an
open air cafe at the location indicated herein:
1. Ocean Isle Cafe
(t/a Ocean Front Snacks, Inc.)
2417 Atlantic Avenue
Virginia Beach, Virginia 23451
2. Fogg's Seaside Grill
415 Atlantic Avenue
Virginia Beach, Virginia 23451
WHEREAS, the representations made in the applications
comply with the aforementioned regulations; and
WHEREAS, the Department of Convention and Visitor
Development has determined that the proposed cafes will have no
detrimental effect on the public health, safety, welfare, or
interest, and will enhance the festive atmosphere in the Resort
Area.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That a franchise is hereby granted to each of the above-
listed Grantees to operate an open air caf~ at the address
indicated herein, from May 1, 1997, to April 30, 1998, conditioned
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BE IT FURTHER RESOLVED:
That the City Manager is hereby authorized to enter into
a Franchise Agreement with each Grantee subject to the aforemen-
tioned conditions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 8 day of April 1997
, ·
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CA-6604
ORDIN \ NONCODE \ FRANCHI S . ORD
R-1
PREPARED: 03 / 31/97
APPROVED AS TO CONTENTS
Co~ntion and Visitor Development
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
Item IW-K.
PUBLIC HEARING
ITEM # 42008
PLANNING
Mayor Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. RECARDO LEWIS, NEW DIRECTION
DEI~LOPMENT CO., LL.C.
CHANGE OF ZONING
2. 3 MAC ASSOCIATES, L. C.
CONDITIONAL CHANGE
OF ZONING
3. P,4UL D. ROW,4N
CHANGE OF ZONING
AND
CONDITIONAL USE PERMIT
4. EXXON CORPOIL4TION t"~rwrro~ar r~cr: o~o~rr
- 26 -
Item V-I~I.
PUBLIC HEARING
ITEM # 420O9
PIalNNING
The following registered in SUPPORT:
J. Gregory Dodd, 164 George Washington, Chesapeake, Phone: 487-4535, represented the applicant and
distributed a copy of the site plan.
Cornell L. Lewis, Sr. $$07 Chatmoss Road, Midlothian VA., Phone: (804) 739-7194
Recardo X Lewis, 3519 Colmar Q~arter
Curtis Cole, 424 Bay Dunes Drive, Norfolk, Phone: 622-3100, presented concept of development.
The following registered in OPPOSITION:
Howard Jean, 2421 Kerr Drive, Phone: 426-7359
Annie Gibson, 2429 Kerr Drive~ Phone: 721-0685
Upon motion by Council Lady McClanan, seconded by Council Lady Strayhorn, City Council ADOPTED
the Ordinance upon application of RECARDO LEWIS, NEW DIRECTION DEVELOPMENT CO.,
L.L.C. for a Change o_f Zoning District Classification:
ORDINANCE UPON APPLIC`4TION OF REC_MRDO LEWIX NEW
DIRECTION DEVELOPMENT, CO., INC., L.L.C. FOR ,4 CHANGE OF
ZONING Z04971071
BE ~ HEREBY ORD`4INED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, FIRGINL4
Ordinance upon application of Recardo Lewis, New Direction
Development Co., L.L.C. for a Change of Zoning District Classification
from ,4G-1 & ,4G- 2 ,4gricultural District to R-10 Residential on certain
property located on the north side of Painters Lane beginning at a point
300 feet more or less west of TownfieM Lane. The proposed zoning
classification change to R-10 is for single family residential land use on
lots no less than 10,000 square feet. The Comprehensive Plan
recommends use of this parcel for suburban low density residential at
densities that are compatible with single family use in accordance with
other plan policies. Said parcel contains 45 acres more or less.
PRINCESS ANNE BOROUGH. '
The Dire_ctor of Planning, and th~, annlirant ekall invnlv,,
- 27 -
Item F'-L.I.
PUBLIC HEARING
ITEM # 42009 (Continued)
PLANNING
Voting: 10-0
Council Members Voting Aye:
John A. Baum, William W.. Harrison, Jr., Harold Heischober, Barbara M.
Henley, Louis R~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff,
Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
It. tn V-L.2.
PUBLIC HEARING
PLANNING
ITEM # 42010
Attorney Edward Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971, represented the applicant
and advised they will cease construction on Sunday during services of the Church.
The following expressed concerns:
Reverend Larry Hinton, Pastor of Mount Zion A.M.E. Church, expressed concerns relative drainage and
noise during Church service.
John Witze~ 2300 Woodland Court, Phone: 427-5532, expressed concerns relative drainage.
Upon motion by Council Lady McClanan, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of 3 MAC ASSOCIATES, L.C. for a Conditional Change of Zoning District
classification:
ORDINANCE UPON APPLICATION OF 3 MAC ASSOCIATE~ L.C.
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
AG-1 AND AG-2, R-20 AND R-lO TO CONDITIONAL R-10
Z04971072
BE ~ HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of 3 Mac Associates, L.C. for a Change of
Zoning District Classification from AG-1 and AG-2 Agricultural
Districts, R-20 Residential District and R-lO Residential District to
Conditional R-lO Residential District on certain property located on the
west side of Princess Anne Road beginning at a point 100 feet more or
less south of Three Oaks Drive. The proposed zoning classification
change to Conditional R-lO is for single family residential land used on
lots no less than 10,000 square feet. The Comprehensive Plan
recommends use of this parcel for suburban low density residential land
use at densities that are compatible with single-family use in accordance
with other Plan policies. Said parcels contain 12.007 acres. PRINCESS
ANNE BOROUGH.
The following con&'tion shall be required:
.
Agreement encompassing proffers shah be recorded with the
Clerk of the Circuit Court and is hereby made a part of the
record.
- 29 -
Item V-L.2.
PUBLIC H~NG
ITEM # 42010 (Continued)
PLANNING
Voting: 10-0
Council Members Voting Aye:
John A. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Yoting Nay:
None
rO~M NO P S. lB
City of Vi~-'t~inia Reach
INTER-OFFICE CORRESPOIVDEIdCE
In Rq~y Refer To Om' Fii~ No. DF-4376
DATE: March 28, 1997
TO: Leslie L. LiHey DEVf: City Attorney
FROM: Willinm M. Macali/~ DEPT: City Attorney
Conditional Zoning Application- 3 Mac Associates, L.C., et als
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on April 8, 1997. I have reviewed the subject proffer agreement, dated
December 31, 1996, and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me ff you have any questions or wish to discuss this matter
further.
WMM/
Enclosure
3 MAC ASSOCIATES, L.C., a Virginia limited liability company,
MARY L. ALCOX,
MILDRED V. SHAFER,
JAMES G. BROWN and HILDA W. BROWN, husband and wife
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia
THIS AGREEMENT, made this 31st day of December, 1996,
by and between 3 MAC ASSOCIATES. L.C., a Virginia limited
liability company, ~.~, party of the first part; MARy
L. ALCOX and MILDRED V. SHAFER, GRANTORS, parties of the
,
second part; JAMES ~. BROWN and H~LDA W, BROWN, husband
and wife, ~, parties of the third part; and THE CITY
OF VIRGINIA BEACH, a municipal corporation of the Commonwealth
of Virginia, GRANTEE, party of the fourth part.
WHEREAS, the parties of the second part are the owners
of a certain parcel of property located in the Princess Anne
Borough of the City of Virginia Beach, containing a total of
approximately 3.0 acres and described as "Parcel One" in
Exhibit "A" attached hereto and incorporated herein by this
reference. Said parcel along with the other parcel herein
·
described is hereinafter collectively referred to as the
"Property"; and
WHEREAS, the parties of the third part are the owners
of a certain parcel of property located in the Princess Anne
Borough of the City of Virginia Beach, containing approximately
9.077 acres and described as "Parcel Two" in Exhibit "A"
attached hereto and incorposated herein by this reference.
Said parcel along with the other parcel herein described is
WHEREAS, the party of the first part, being the
contract purchaser of both the parcels described herein
containing a total of approximately 12.077 acres which are
hereinafter collectively referred to as the "Property", has
initiated a conditional amendment to the Zoning Map of the City
of Virginia Beach, Virginia, by petition addressed to the
GRANTEE so as to change the Zoning Classification of Parcel One
from R-10 to R-10 Conditional and to change the Zoning
Classifications of Parcel Two from R-20, AG-1 and AG-2 to R-10
Conditional; and
WHEREAS, the GRANTEE'S policy is to provide only for
the orderly development of land for various purposes through
zoning and other land development legislation; and
WHEREAS, the GRANTORS acknowledge that the competing
and sometimes incompatible uses conflict and that in order to
permit differing uses on and in the area of the Property and at
the same time to recognize the effects of change, and the need
for various types of uses, certain reasonable conditions
governing the use of the Property for the protection of the
community that are not generally applicable to land similarly
zoned are needed to cope with the situation to which the
GRANTORS' ~ezoning application gives rise; and
.WHEREAS, the GRANTORS have voluntarily proffered, in
writing, in advance of and prior to the public hearing before
the GRANTEE, as a part of the proposed amendment to the Zoning
Map, in addition to the regulations provided for the R-10
Zoning District by the existing overall Zoning Ordinance, the
following reasonable conditions related to the physical
development, operation, and use of the Property to be adopted
as a part of said amendment to the Zon~n~ M.n ~.1~4..- --~
NOW, THEREFORE, the GRANTORS, for themselves, their
successors, personal representatives, assigns, grantees, and
other successors in title or interest, voluntarily and without
any requirement by or exaction from the GRANTEE or its
governing body and without any element of compulsion or auld
P_LQ auo for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby make the following declaration of
conditions and restrictions which shall restrict and govern the
physical development, operation, and use of the Property and
hereby covenant and agree that this declaration shall
constitute covenants running with the Property, which shall be
binding upon the Property and upon all parties and persons
claiming under or through the GRANTORS, their successors,
personal representatives, assigns, GRANTEE, and other
successors in interest or title and which will not be required
of the GRANTORS until the Property is developed:
1. When the Property is developed, it shall be
subdivided into no more than twenty-eight (28) single family
residential building lots substantially as shown on the exhibit
entitled "CONDITIONAL REZONING EXHIBIT FOR HIGHGATE CROSSING",
dated December 31, 1996, which has been exhibited to the
Virginia B~ach City Council and is on file with the Virginia
Beach Department of Planning (hereinafter "Development Plan").
2. When the Property is developed, each subdivided
lot shall contain a minimum of twelve thousand (12,000) square
feet.
3. The subdivision depicted on the Development Plan
shall be governed by a Property Owners Association which shall
be responsible for maintaining all common areas.
District and to the requirements and regulations applicable
thereto refer to the Zoning Ordinance and Subdivision Ordinance
of the City of Virginia Beach, Virginia, in force as of the
date of approval of this Agreement by City Council, which are
by this reference incorporated herein.
The above conditions, having been proffered by the
GRANTORS and allowed and accepted by the GRANTEE as part of the
amendment to the Zoning Ordinance, shall continue in full force
and effect until a subsequent amendment changes the zoning of
the Property and specifically repeals such condi%ions. Such
conditions shall continue despite a subsequent amendment to the
Zoning Ordinance even if the subsequent amendment is part of a
comprehensive implementation of a new or substantially revised
Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written
instrument recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia, and executed by the
record owner of the Property at the time of recordation of such
instrument, provided that said instrument is consented to by
the GRANTEE in writing as evidenced by a certified copy of an
ordinance or a resolution adopted by the governing body of the
GRANTEE, a~ter a public hearing before the GRANTEE which was
advertised pursuant to the provisions of Section 15.1-431 of
the Code of Virginia, 1950, as amended. Said ordinance or
resolution shall be recorded along with said instrument as
conclusive evidence of such consent, and if not so recorded,
said instrument shall be void.
The GRANTORS covenant and agree that:
(1) The Zoning Administrator of the City of Virginia
remedied; and (b) to bring legal action or suit to insure
cOmpiiance with such conditions, including mandatory or
prohibitory injunction, abatement, damages, or other
appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and
restrictions shall constitute cause to deny the issuance of any
of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning
Administrator, made pursuant to these provisions, the GRANTORS
shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol
on the map the existence of conditions attaching to the zoning
of the Property, and the ordinances and the conditions may be
made readily available and accessible for public inspection in
the office of the Zoning Administrator and in the Planning
Department, and they shall be recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, and
indexed in the names of the GRANTOR and the GRANTEE.
WITNESS the following signatures and seals:
GRANTORS:
3 MAC ASSOCIATES, L.C.
By: thony]~. ~n611iO, Manager
/ Mildred
,./'--'James G~'
,1
Hi ida W. Brown
( SEAL )
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this 3rd day of January, 1997, by Anthony J. Sancilio, Manager
of 3 Mac Associates, L.C., on behalf of said corporation.
~_w -- ~otary ~biic ....
My Commission Expires:
STATE OF V~RGINIA
CITY OF VIRGINIA BEACH, to-wit:
·
~The foregoing instrument was acknowledged before me
this ~q~ day of January, 1997, by Mary L. A1cox.
ry Public
My Commission Expires: ,~/~/~~
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
~ %The foregoing instrument was acknowledged before me
this ~ day of January, 1997, by James G. Brown and Hilda W.
Brown.
~ NUo3~~ a r y ~blic
6342i
EXHIBIT "A"
PARCEL ONE
ALL THAT certain piece or parcel of land, with any improvements
thereon, situate, lying and being in the City of Virginia
Beach, Virginia, and being known, numbered and designated as
Parcel B (130,680 sq. ft. or 3.000 AC.) as shown on that
certain plat entitled "Subdivision of John L. Brown Estate
(W B 15 PG 2) Princess Anne Borough, Virginia Beach, Va"
· · · · ,
which said plat is duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in Map
Book 176, at Page 2.
GPIN NO. 2404-74-2210
PARCEL TWO
ALL THAT certain piece or parcel of land, with any improvements
thereon, situate, lying and being in the City of Virginia
Beach, Virginia, and being known, numbered and designated as
Parcel C (395,371 sq. ft. or 9.077 Acres) as shown on that
certain plat entitled "Subdivision of John L. Brown Estate
(W.B. 15 PG. 2) Princess Anne Borough, Virginia Beach, Va.",
which said plat is duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in Map
Book 176, at Page 2.
GPIN NO. 2404-74-4537
6342i
DISCLOSURE STATEMENT '
Date:
Appllcant'sName(s): · 3 Nac AssociatesI L.C.
All Ownor~ ~d~rf~tjhsm~ltgant): Nary L. Alcox and Nildred V. S.ha£er.
Type of Application**
Re, zoning: From R-10 3'0 R-I.O Con. ditional
Conditional Use Permit
Street Closure
Subdivision Variance
Other
o
o
The following is to be completed by or for the Applicant
If the applicant is a CORPORATION, list all the officers of the Corporation'
Anthony J. Sanctlio, Nana~er
Michael W. Hanley~ Vice President
Charles Hostetler, Secretar~/Tr, easurer
if the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all
members or partners in the organization:
The following is to be completed by or for lite Owuer fi/different ]'rom the opplicanO
If the owner is a CORPORATION, list all the officers of the Corporation:
o
if the owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all
members or partners in the orgnnization:
Item V-L.$.
PUBLIC HEARING
ITEM # 42O11
PLANNING
Attorney R. J. Nutter, IL 4425 Corporation Lane, Phone: 568-8264, represented the applicant
Dr. Paul D. Rowan, the applicant, responded to City Council concerns.
The following registered in OPPOSITION:
Attorney Sonny Stallings, represented Dr. Bostic
Cheryl Fentress, 5481 South Birdneck Roav~ Phone: 425-0447
William O. Creelonore, 570 South Birdneck Road, Phone: 428-7153
Melvin Moore, Jr., 536 South Birdneck Road, Phone: 425-1174
Cornia Robbins, 124 South Birdneck Road, Phone: 425-6477
Donz L. Olds, 1052 Olds Lane, Phone: 422-4713
Susie Whitehursg Phone: 428-2250
Rosa Lee Normar~ 110 North Birdneck Road, Phone: 425- 7106
,4 motion was made by Councilman Harrison, seconded by Vice Mayor Sessoms, to ADOPT Ordinances
upon Applications .for PAUL D. ROWAN, excluding the boarding of horses, for a Change o_f Zoning
District Classification from 1-1 Light Industrial District to ,4G-2 ,4gricultural District and Conditional
Use Permit for a veterinary, hospital with amended conditions. The Boarding of Horses shall be
DEFERRED for thirty days. This MOTION was amended to WITHDR~W the application for the boarding
of horses.
Upon SUBSTITUTE MOTION by Councilman Heischober, seconded by Council Lady Strayhorn, City
Council REFERRED BACK TO THE PLANNING COMMISSION ORDINANCES FOR
CONDITIONAL B-1 OR B-2 ZONING AND A CONDITIONAL USE PERMIT FOR A
VETERINARY HOSPITAL, EXCLUDING BOARDING OF HORSES, upon application for PAUL D.
ROWAN:
O~INANCE UPON APPLICATION OF P,4UL D. ROW,4N FOR ,4
CHANGE OF ZONING DISTRICT CIMSSIFICATION FROM I-1 TO
dCT--2 COND~ION,41, B-1 or B-2
- 31 -
Item V-L.3.
PUBLIC HEARING
ITEM # 42011 (Continued)
PLANNING
ORDINANCE UPON ~4PPLIC~TION OF PAUL D. ROWAN FOR ,4
CONDITION~IL USE PERMIT FOR ~4 VETERINARY HOSPITAL ~4ND
Ordinance upon application of Paul D. Rowan for a Conditional Use
Permit for a veterinary hospital and boarding of horses in the west side
of' South Birdneck Road, 840 feet north of Bells Road. Said parcel
contains 15 acres more or less. LYNNHAVEN BOROUGH.
Voting: 8-2
Council Members Voting ~4ye:
John .4. Baum, Harold Heischober, Barbara M. Henley, Louis R. Jones,
Reba S. McClanan, Mayor Meyera E. Oberndorf,, Nancy IC Parker* and
Louisa M. Strayhorn
Council Members Voting Nay:
William W. Harrison, Jr. and Vice Mayor William D. Sessoms, Jr.
- 32 -
Item V-L.4as.
PUBLIC HEARING
ITEM # 42012
PLANNING
Stephen Romine, 4705 Columbus Street, Phone: 499-1841, represented the applicant
Phillip Aiello, 7501 Boulders Hew Drive, Suite 200, Project Engineer - Eaxon, Richmond, VA.
Phone: (804) 560-3609,
Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of Conditional Use Permits for EXXON CORPORATION:
ORDINANCE UPON APPLIC~4TION OF EXXON CORPORATION FOR
A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE
STATION IN CONJUNCTION WITH A CONVENIENCE STORE WITH
FAST FOOD AND A CAR WASH R04972109
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Exxon Corporation for a Conditional Use
Permit for an automobile service station in conjunction with a
convenience store with fast food and a car wash at the southeast corner
of Virginia Beach Boulevard and Rosemont Road. Said parcel is located
at 3653 Virginia Beach Boulevard and contains 1.624 acres.
L YNNHA VEN BOROUGH.
The following conditions shall be required:
The site shall be developed in substantial conformance with the
site plan entitled "Exxon Company, U.S~d., Site Plan, Virginia
Beach Boulevard and Rosemont Road" and dated 2/24/97.
2. The nonconforming sign shall be removed. Any free standing
sign must be monument style.
Landscaping shah conform to the landscape plan presented to
the Planning Commission and City Council, supplemented as
necessary to conform with aH requirements of the Site Plan
Ordinance for foundation plantings, interior parking lot and
street frontage landscaping. The plan shah be submitted to and
kept on file with the Department of Planning.
A ten car stack lane will be required for the drive-through
window. The stack lane must be designed to eliminate conflict
between the stack lane and the required parking spaces.
Item V-L.4.a.
PUBLIC HEARING
ITEM # 42012 (Continued)
PLANNING
Voting: 9-1
Council Members Voting Aye:
John .4. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M.
Henley, Louis P~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,,
Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
Nancy K. Parker
- 34 -
Item V-L.4.b.
PUBLIC HEARING
ITEM # 42013
PLANNING
Stephen Romine, 4705 Columbus Street, Phone: 499-1841, represented the applicant
Phillip Aiello, 7501 Boulders View Drive, Suite 200, Project Engineer - Exxon, Richmond, VA.
Phone: (804) 560-3609,
Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of Eaxon Corporation for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF EXXON CORPORATION FOR
.4 CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE
STATION IN CONJUNCTION WITH ~4 CONVENIENCE STORE WITH
FAST FOOD R04972110
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Exxon Corporation for a Conditional Use
Permit for an automobile service station in conjunction with fast food at
the northwest corner of Virginia Beach Boulevard and Independence
Boulevard. Said parcel is located at 4600 Virginia Beach Boulevard and
contains 35,632 square feet. BAYSIDE BOROUGH.
The following conditions shall be required:
The site shall be developed substantially in conformance with
the plan entitled "Landscaping Plan Virginia Beach Boulevard
and Independence Boulevard" dated 11/26/96 and revised
through 1/30/9Z
2.
The nonconforming sign shall be removed. ,4ny free standing
sign must be monument style, landscaped in accordance with
current code requirements.
Landscaping shall conform to the plan referenced in Condition
#1, above, supplemented as necessary to conform with all
requirements of the Site Plan ordinance for foundation
plantings, interior parking lot and street frontage landscaping.
Unless a BZA variance is granted for the encroachment of the
pump island canopy into the required front setback, the
depicted encroachment shall be eliminated.
5. The proposed structures shall conform in architectural design,
materials and colors with the illustrations presented to the
Item l~-L.4.b.
PUBLIC HEARING
ITEM # 42013 (Continued)
PLANNING
Voting: 9-1
Council Members F'oting Aye:
John ~4. Baum, William gE. Harrison, Jr., Harold Heischober, Barbara M.
Henley, Louis 1~ Jones, Reba $. McClanan, Mayor Meyera E. Oberndoff,
Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
Nancy I~ Parker
- 36 -
Item IV-L.1.
APPOINTMENTS
ITEM # 42014
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
Kenneth F. Palmer
thru unexpired term of 12/31/98
DEVELOPMENT AUTHORITY
Voting: 10-0
Council Members Voting ,4ye:
John ,4. Baum, William gE. Harrison, Jr., Harold Heischober, Barbara M.
Henley, Louis 1~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff,
Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
~Vone ,
-37-
Item IV-L. 1.
APPOINTMENTS
ITEM it 42O14
Upon NOMINATION by l/tce Mayor Sessoms, Ctty Counctl APPOINTED:
Kenneth F. Palmer
thru unexpired term of 12/31/98
DE VEL OPMENT AUTHORITY
l/'ottng 9-0
Council Members Vottng Aye
John A Baum, Harold Hetschober, Barbara M Henley, Louts R Jones,
Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Wtlham D Sessoms, Jr and Loutsa M Strayhorn
Council Members gottng Nay
None
Counctl Members Abstatntng
Wtlham W Harrtson, Jr
- 38 -
leem IV-M.
NEW BUSINESS
ITEM # 42016
BY CONSENSUS, City Council instructed the City Clerk to ascertain City Council Members' preference
and forward the Nominations to VML for:
V'trginia Municipal League (VML) 1997 Policy Committees.
- 39 -
Item IV-N.
ADJOURNMENT
ITEM # 42017
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:00 P.M.
Beverly O~ Hooks, CMC/AAE
Chief Deputy City Clerk
Ruth Hodges Smltl~ CMC/A4E
City Clerk
Meyera E. Oberndorf
Mayor
- 39-
Item IV-N.
ADJOURNMENT
ITEM # 42017
Mayor Meyera E. Oberndorf DECLARED the City Counctl Meeting ADJOURNED at 6 O0 P M.
Beverly 0 Hooks, CMC/AAE
Chtef Deputy Ctty Clerk
City Clerk
Meyera Fd Oberndorf /
Mayor