The URL can be used to link to this page

OCTOBER 26, 1993 MINUTES"WORLD'S LARGEST RESORT CITY" CITY COUNCIL JAMES K SPORE. C,~ M~ LE3LJE L. LJLL,EY Cay HUTI!/lODGES ~.MtTI! CML 1,4.AE CITY COUNCIL AGENDA :al ( II*~ Ib%lJ iIUILJ)I~(, ~,'IHi,I%IA Ill:A( II I,'IH(,h%IA 2J4'~ OCTOBER 26, 1993 I. CITY MANAGER'S PRESENTATION - Council Chamber - 3:30 PM A, INFORMATION SYSTEMS PLAN STATUS Patricla Phillips, Director of Finance II. CIP WORKSHOP - Council Chamber - 4:00 PM A, B, STORM WATER Dean E. Block, Director, Management and Budget WATER AND SEVVER Dean E. Block, Director, Management and Budget II1. INFORMAL SESSION - Council Chamber - 5:00 PM A, B. C, CALL TO ORDER - Mayor Meyera E. Obemdorf ROLL CALL OF CITY COUNCIL RECESS TO EXECUTIVE SESSION IV. FORMAL SESSION - Council Chamber - 6:00 PM Ao S. C. De Ee F. CALL TO ORDER - Mayor Meyera E. Obemdod INVOCATION: Reverend John H. Emmert Old Donation Episcopal Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL · CERTIFICATION OF EXECUTIVE SESSION MINUTES 1. INFORMAL & FORMAL SESSIONS -October 12, 1993 2. PUBLIC HEARING -ClP -October 12, 1993 G. MAYOR'S PRESENTATIONS II PROCLAMATION: RED RIBBON WEEK - October 23 - 31, 1993 Community Alliance for Drug Rehabilitation and Education Priscilla Be,de, CADRE Joseph O'Brien, FBI Sergeant Haynes, DARE Coordinator Mary Pace, Drug Education Coordinator, Public Schools · COMMUNITY LEADERSHIP AWARD to Priscilla Beede David Reese, Assistant Director, Norfolk FBI Office Richard L. Holtz, Special Agent, Norfolk FBI Office H· PUBUC HEARING 1. FY 1993-1994 Operating Budget Increases I. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. · . · 4, .. Resolution approving the exercise of powers by the Virginia Beach Development Authority, conferred by Chapter 643 of the Acts of Assembly of 1964 in conjunction with financing the Refunding of the Norfolk Industrial Development Authority's $21,460,000 Residential Care Facility Refunding Revenue Bonds, Series of 1988 for Westminster- Canterbury of Hampton Roads, Inc. Ordinance to ACCEPT and APPROPRIATE Federal funding of $13,899 and State funding of $10,600 to the Department of Mental Health, Mental Retardation and Substance Abuse re continuing the Specialized Model Respite Program for medically fragile children; continuing the Virginia Department of Motor Vehicles Pokit Program; and, providing funding for an Anti-Drug Youth Forum to be held at Virginia Wesleyan College. Ordinance to ACCEPT and APPROPRIATE a Grant of $44,000 from the Virginia Commonwealth Transportation Board and TRANSFER $11,000 from the FY 1993-1994 Mass Transit Operations Budget to the Planning Department re support of a temporary position for transportation demand coordination in FY 1993-1994; and, increasing revenues accordingly. Ordinance to TRANSFER $25,000 of FY 1992-1993 Home Program funds and to authorize the City Manager to apply for the Virginia Housing Partnership Fund Rental Rehabilitation Loan Program. Ordinance authorizing Tax Refunds in the amount of $87,350.50 to be applied to a supplemental tax bill· Ordinance authorizing License Refunds in the amount of $7,003.60. J. RESOLUTION · Resolution requesting the support of the City's General Assembly Delegation for their Legislative Package in the 1994 General Assembly Session. K. PUBUC HEARING 1. PLANNING a. Ordinance in the behalf of THE CHRISTIAN BROADCASTING NETWORK, INC., for the discontinuance, closure and abandonrrierlt of West Centerville Turnpike beginning at the Western boundary of Centerville Turnpike and running in a Southwesterly direction a distance of 2900 feet more or less, being 50 feet in width (KEMPSVILLE BOROUGH). Deferred for Compliance: September 28, 1993 Recommendation: FINAL APPROVAL bi Applications of BAYMARK CONSTRUCTION CORPORATION for Conditional Change of Zoning District Classifications at 2812 Holland Road (PRINCESS ANNE BOROUGH): (1) From AG-1 Agricultural District to R-7.5 Residential District, 600 feet East of Holland Road, South of Winterberry Lane, containing 38.45 acres. (2) From AG-2 Aaricultural District to R-7.5 Residential District, on the East -- side of Holland Road, South of Winterberry Lane, containing 4.82 acres. Recommendation: APPROVE BOTH APPUCATIONS C. Application of VICTORY BAPTIST CHURCH for a Conditional Use Permit for a church, day care center, school and related activities on the Southwest side of Princess Anne Road, .3 miles Northwest of Glebe Road (2641 Princess Anne Road), containing 31.860 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL d. Application of JUDEO-CHRISTIAN OUTREACH CENTER - DICK POWELL for a Conditional Use Permit for a group home (additior}) on the South side of Virginia Beach Boulevard, 540 feet East of North Birdneck Road (1049 and 1053 Virginia Beach Boulevard), contalning 41,382 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL e. Application of RICHARD H. KLINE for a Conditional Use Permit for motor vehicle sales on the East side of Mustang Trail, 181 feet South of Virginia Beach Boulevard (280 Mustang Trail), containing 2.74 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL Application of T.M.C. ASSOClATES/'r.B.A ASSOCIATES for a Conditional Use Permit for an O_oen S0ace Promotion Ootion on the South side of Princess Anne Road, 1500 feet more or less East of Seaboard Road, containing 103 acres (PRINCESS ANNE BOROUGH). Recommendation: AP P R OVAL g. Applications of FERRELL PARKWAY ASSOCIATES, INC. (PRINCESS ANNE BOROUGH): (1) RECONSIDERATION OF PROFFERS approved April 24, 1989, re property at the Northwest comer of Ferrell Parkway and General Booth Boulevard, containing 15.7 acres. (2) North side of Ferrell Parkway, 700 feet more or less West of General Booth Boulevard, containing 2 acres: (a) Cor~ditional Change of Zoning District Classification from Conditlonal 0-2 Office District to Conditional B-2 Community_ Business District: (b) Conditional Use Permit for an indoor recreational facility_ ~_skating rink). Deferred: August 10, 1993 Referred to Planning Commission: August 24, 1993 Recommendation: APPROVE ALL APPLICATIONS he AMENDMENTS for the Southern Rural Preservation Area of the City of Virginia Beach: (1) AMEND Comprehensive Plan re Rural Preservation Plan (2) AMEND and REORDAIN the City Zoning Ordinance, Section 102, Subsection (a) re Zoning Districts (3) AMEND and REORDAIN the City Zoning Ordinance, Sections 400, 401, 402 and 404; and, REPEAL Section 405 re Agricultural Districts (4) AMEND and REORDAIN the City Zoning Ordinance, Article 4 by ADDING Sections 450, 451,452, 453, 454 and 455 re Rural Residential District (5) AMEND and REORDAIN the Zoning Ordinance Map of the City Zoning Ordinance re Repeal of the AG-2 Zoning District; and, Reclassify all properties previously zoned AG-2 to AG-1 (6) AMEND and REORDAIN Section 4.1, Subsection (p) of the Subdivision Regulations re Cul-De-Sac Streets Recommendation: APPROVAL Ordinance to AMEND and REORDAIN Section 502 of the City Zoning Ordinance of the City of Virginia Beach, Virginia re Dimensional Requirements; and, AMEND the Appendix to the Comprehensive Plan re Shadowlawn Infiil Development Guidelines. Recommendation: APPROVAL L. APPOINTMENTS HAMPTON ROADS AIR POLLUTION DISTRICT COMMISSION HISTORICAL REVIEW BOARD TRANSPORTATION SAFETY COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS 1. COUNCIL-SPONSORED ITEMS: a. Resolution endorsing the efforts of the Virginia Municipal League, the Virgini~ Association of Counties, the Virginia School Boards Association and their nationa counterparts in support of working with the national groups to inform citizens of th~ Impact of Federal and State mandates on governments and citizens; and, to wor~ with the Delegations to reduce the burden of unfunded mandates. (Sponsored by Mayor Meyera E. Obemdorf) bo Ordinance to REPEAL the April 9, 1991, adopted Ordinance approving rezonir,.~ of cedain property in the Princess Anne Borough with GPIN Number 1493-43 2693-0000 owned by DOCKERY LAMBERT, JR. and MILDRED LAMBERT. (Sponsored by Councilman John A. Baum) O. ADJOURNMENT ** CITY COUNCIL PUBUC HEARINGS ** NOVEMBER 9, 1993 Formal Session (FY 1993-94 /1998-99 Capital Improvement Program) NOVEMBER 23, 1993 Formal Session (FY 1993-94 /1998-99 Capital Improvement Program) 6:0O If you are physically disabled, hearing or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM 10/20/93bap AGENDA\I 0-26-93.Pin MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, V~rg~nia October 26, 1993 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S PRESENTATION to the VIRGINIA BEACH CITY COUNCIL re INFORMATION SYSTEMS PLAN STATUS in the Council Chamber, City Hall Building, on Tuesday, October 26, 1993, at 3:30 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None Vice Mayor Sessorns, being a Corporate Officer of Central Fidelity Bank, disclosed there are no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in h~s capacity as an officer of Central Fidelity Bardc The Vice Mayor regularly files this Disclosure with the City Clerk as he may or may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessorns' letter of October 26, 1993, is hereby made a part of the record. -2- CITY MANAGER'S PRESENTATION INFORMATION SYSTEMS PLAN STATUS 3:30 P.M. ITEM # 37313 City of Virginia WILLIAM D SESSOMS JR VICE MAYOR 809 GREENTREE ARCH VIRGINIA BEACH VIRGINIA 23451 (804) 455-5732 October 26, 1993 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's Office Municipal Center Virginia Beach, Virginia 23456 Re: Conflict of Interests Act Dear Mrs. Smith: In accordance with my letter to you dated August 10, 1993, I have thoroughly reviewed the agenda for the October 26, 1993, meeting of City Council for the purpose of identifying any matters in which I might have an actual or potential conffict under the Virginia Conflict of Interests Act. Based on that review, please be advised that, to the best of my knowledge, there are no matters on the agenda in which I have a "personal interest," as defined in the Act, either individually or in my capacity as an officer of Central Fidelity Bank. Accordingly, I respectfully request that you record this letter in the official records of the Council. Thank you for your assistance and cooperation in this matter. Very truly yours, William D. Sessoms, Jr. Vice-Mayor WDS,Jr./dmc -3- CITY MANAGER'S PRESENTATION INFORMATION SYSTEMS PLAN STATUS ITEM # 37313 (Continued) Preliminary workplans have been outlined. The plan will include the following items: A. Review of Current Environment Review of current inventory of computer systems to include a purpose, user departments, number of users, databases, technology and interfaces to other systems. Review of technology skills in current staff. Review of current hardware and software costs, also including leases and maintenance contracts. B. Requirements Definition Meet with departments to discuss goals, ability of systems to meet goals, requirements for enhancements of new systems, and associated benefits. Compile overview of requirements and benefits. Establish criteria for ranking benefits. Discuss role of DIT: Determine strategic direction, expectations and relationships between DIT and departments. C. Strategic Plan for Information Technology Review computing platform options and identify alternattves to meet goals. Options could include combinations of mainframe, PC's, IANs, and Client/Server. Review vendor products and capabilities. Demonstrations, site visits, and/or benchmark tests amy be undertaken to gain understanding of the products and how they can meet City needs. Review organizational alternatives to support the computing environments. Options could include DIT support only, complete outsourcing, or selective outsourcing. Evaluate alternatives with respect to ability to meet long and short term goals as well as initial and on-going costs. Present alternatives, evaluations, and recommendations for review and selection. Develop Master Information System Plan to include development of implementation schedules, and organization structure required to support the Plan. October 26, 1993 -4- ITEM # 37314 Mayor Meyera E. Oberndorf called to order the CAPITAL IMPROVEMENT PLAN WORKSHOP of the VIRGINIA BEACH CITY COUNCIL re STORM WATER and WATER AND SEWER in the Council Chamber, City Hall Building, on Tuesday, October 26, 1993, at 3:55 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert I~ Dean, Louis I~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Absent: None October 26, 1993 -5- ITEM # 37315 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, October 26, 1993, at 5:25 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None October 26, 1993 -6- ITEM # 37316 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTlgrE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employmeng assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To-Wit: Appointments - Boards and Commissions: Hampton Roads Air Pollution District Commission Historical Review Board Human Rights Commission Resort Area Advisory Commission Transportation Safety Commission 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(A)(3). To-Wit: Land Acquisition - Beach Borough Upon motion by Vice Mayor Sessoms, seconded by Councilman Lanteigne, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert W. Clyburn, Robert ~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. October 26, 1993 -7- FORMAL SESION VIRGINIA BEACH CITY COUNCIL October 26, 1993 6:00 P3/I. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, October 26, 1993, at 6:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Reverend John H. Emmert Old Donation Episcopal Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA October 26, 1993 -8- Item IV-E. 1. CERTIFICATION OF EXECUTIVE SESSION ITEM # 37317 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, 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; AND, 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. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None October 26, 1993 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 # 37316, Page No. 6, 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. Ruth Hodges Smith, CMC/AAE City Clerk October 26, 1993 -9- Item IV-F. 1. MINUTES ITEM # 37318 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of October 12, 1993, and the Minutes of the PUBLIC HEARING of the FY 1993-94 / 1998-99 Capital Improvement Program.. Voting: 11-0 Council Members Voting Aye: John/1. Baurn, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None October 26, 1993 - 10 - Item IV-G.I. MA YOR 'S PRESENTATION ITEM # 37319 Mayor Meyera E. Oberndoff, Honorary Chairman of CADRE, PROCLAIMED: RED RIBBON WEEK October 23-31, 1993] The PROCLAMATION was ACCEPTED by Priscilla Beede, CADRE; Joseph O'Brien, FBI; Sergeant Ron Haynes, DARE Coordinator - Police Department; Mary Pace, Drug Education Coordinator - Public Schools; and, Sergeant Jeff Kocja, DARE Coordinator - Sheriff's Department. This PROCLAMATION recognizes the Virginia Federation of Communities for Drug Free Youth, Parents' Association to Neutralize Drug and Alcohol Abuse, Inc., and the Community Alliance for Drug Rehabilitation and Education (CADRE) sponsoring the Red Ribbon Campaign offering citizens the opportunity to demonstrate their commitment to drug-free life styles. October 26, 1993 Alcohol and uther drug abuse in this nation has reached epidemic stages, and the 15-24 year old age group is dying at a faster rate than any other age groups; I~: It is imperative that visible, unified prevention education efforts by community members he launched tu reduce the demand for drugs; The Virginia Federation of Communities far Drug Free §outh, Parents' Association to Neutralize Drug and Alcohol Abuse, Inc., and the C~,nity Alliance for Pr~ Rehahili~a~izm ~ ~a~ (C~)ar~ sponsoring the Red Ribbon Campaign offerin~ citizens ~he opportunity tn demonstrate their c~i~ent ta ~rug-free life styles; The Red Ribbon Campaign will be celebrating in every community during "Re~ Ribbon Week"; I~IiERE~: Business, government, law enforaement, scho,is, religious institutions, service organiaations, youth, physicians, senior citizens, military, sports teams, and healthy lifestyles hy wearing and displaying Red Ribbons during this meek-long campaign; and, The City of Virginia Beach further commits its resources to ensure the success of the Red Ribbon Campaign. Ne~, ~tiER~eRE, I, meyera E. eherndorf, Mayor of the City of Virginia Beach, Virginia, and Honorary Chairman of C~, do hereby FIIe(CILII: RED g ~ B B Oil ~EEK OCT~)B£R 23 - 31 , 1993 and, ~~, that the City Council of Virginia Beach floes hereby support Red Ribbon Week and encourages its citizens to participate in alcohol and other drug education and prevention activities, making a visible statement that we are strongly codified to a drug-free community. l~lrll3~J I~tEREeF, I have hereunto set my hand and caused the Official ~eal of the City of Virginia Beach, Virginia, to he affixed this ~menty-eighth day of September, Nineteen Hundred and Ninety-~hree. Mayor - 11 - Item IV-G. 2. MAYOR rS PRESENTATION ITEM # 3732O Mayor Oberndorf again requested Priscilla Beede to come forward. Mrs. Beede is the recipient of the COMMUNITY LEADERSHIP AWARD by the Federal Bureau of Investigation. Only fifty (50) individuals in the entire United States have been chosen for this prestigious award. David Reese, Assistant Director - Norfolk FBI Office and Richard L. Holtz, Special Agent - Norfolk FBI Office PRESENTED the COMMUNITY LEADERSHIP AWARD to: Priscilla Beede Every year the Special Agent in charge of each FBI Field Division with the assistance of the Drug Demand Reduction Coordinator in that office selects an individual or organization to receive this award and that individual will have contributed greatly to drug prevention in that community. The Norfolk Division of the FBI this year selected a citizen frorn Virginia Beach. Mrs. Beede began her community service in 1967 when she organized and served as President of the Virginia Beach Green Run Little League. In 1986, she was appointed to the Community Alliance for Drug Rehabilitation and Education (CADRE) by the City and served on its Executive Board since 1988. She was the Chairman of the "Just Say No" Drug Free Youth Parades from 1988 to 1992. Since 1986, she has served on the Community Services Board and Chaired the Substance Abuse Committee. She was Co-Chairman of the First Annual Drug-Out Day. On May Twenty-third, she was named the Forty-third Annual First Citizen of Virginia Beach. October 26, 1993 - 12 - Item IV-H. 1. PUBLIC HEARING ITEM # 37321 Mayor Oberndorf DECLARED A PUBLIC HEARING: FY 1993 - 1994 Operating Budget Increase There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING. October 26, 1993 - 13 - Item IV-L CONSENT AGENDA ITEM # 37322 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED in ONE MOTION items 1, 2, 3, 4, 5 and 6 of the CONSENT AGEND/L Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert If. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None October 26, 1993 - 14 - Item IV-L 1 CONSENT AGENDA ITEM # 37323 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Resolution approving the exercise of powers by the Virginia Beach Development Authority, conferred by Chapter 643 of the Acts of Assembly of 1964 in conjunction with financing the Refunding of the Norfolk Industrial Development Authority's $21, 460, 000 Residential Care Facility Refunding Revenue Bonds, Series of 1988 for Westminster-Canterbury of Hampton Roads, Inc. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None October 26, 1993 A RESOLUTION APPROVING THE EXERCISE BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY OF POWERS CONFERRED BY CHAPTER 643 OF THE ACTS OF ASSEMBLY OF 1964 IN CONJUNCTION WITH FINANCING THE REFUNDING OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF NORFOLK $21,460,000 RESIDENTIAL CARE FACILITY REFUNDING REVENUE BONDS, SERIES OF 1988 FOR WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC. WHEREAS, Chapter 643 of the Acts of Assembly of 1964, as amended (the "Act") empowers the City of Virginia Beach Development Authority (the "Authority") to assist Westminster- Canterbury of Hampton Roads, Inc, a Virginia non-stock, non- profit corporation (the "Company") in financing the refunding of the Industrial Development Authority of the City of Norfolk (the "Norfolk Authority") $21,460,000 Residential Care Facility Refunding Revenue Bonds (Westminster-Canterbury of Hampton Roads, Inc.) Series of 1988 (the "Series 1988 Bonds") which were originally issued to assist the Company in the refunding of (a) the Industrial Development Authority of the City of Norfolk $20,290,000 Residential Care Facility Mortgage Revenue Bonds (Westminster-Canterbury of Hampton Roads, Inc.) Series of 1979 and (b) the Industrial Development Authority of the City of Norfolk $4,000,000 Residential Care Facility Mortgage Revenue Bond (Westminster-Canterbury of Hampton Roads, Inc. Facility) Series of 1985 which were originally issued on November 27, 1979 and September 26, 1985, respectively, to finance the acquisition, construction and equipping of a 493,398 square foot facility for the residence and care of the aged located on approximately 16 acres of land at 3100 Shore Drive, Virginia Beach, Virginia (the "City"); and WHEREAS, the Authority has determined that assisting the Company in the refinancing of the Company's facility, which facility provides modern and efficient medical services, care and residence for the aged of the Commonwealth of Virginia in accordance with their special needs, will protect and promote the safety, health, welfare, convenience and prosperity of the inhabitants of the Commonwealth and will be in the public interest and will be consistent with and serve the purposes of the Act; and WHEREAS, the Authority held a public hearing on October 19, 1993, in compliance with the requirements of the Code of Virginia of 1950, as amended (the "Code"), and Section 15.1-1378.1 of the Code, and after such public hearing did adopt a resolution to issue an amount not to exceed $~5,000,000 of its tax-exempt Residential Care Facility Refunding Revenue Bonds (Westminster- Canterbury of Hampton Roads, Inc.) Series 1993 (the "Series 1993 Bonds"), subject to the adoption of this Resolution; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), requires approval by the City Council (the "Council") of Virginia Beach, Virginia of the issuance of any private activity bonds by the Authority after it has held a public hearing to consider the issuance of such bonds as one of the acts required in order for the interest on such bonds to qualify for exemption from the imposition of federal income tax; and WHEREAS, the Authority has recommended that the Council approve the issuance of the Series 1993 Bonds; and WHEREAS, the Series 1993 Bonds, as "qualified 501(c)(3) bonds," will be exempt, under Section 146(g)(2) of the Code, from the limitation on the volume of notes or bonds the interest on which is exempt from the imposition of federal income tax; and WHEREAS, a copy of the Authority's Resolution approving the issuance of the Series 1993 Bonds, subject to terms to be agreed upon, a record of the public hearing with respect to the Series 1993 Bonds and a Fiscal Impact Statement in the form prescribed by Section 15.1-1378.2 of the Code, have been filed with the Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That, relying upon the representations of the Authority by its counsel, the recitals in the preambles hereto are found to be true and correct in all respects and are adopted as findings of this Council as if fully rewritten herein. 2. That the refunding of the Series 1988 Bonds to be financed by the issuance of the Series 1993 Bonds is deemed appropriate for such financing and, accordingly, the issuance of the bonds is hereby approved. 3. That this Resolution shall be in effect from and after its adoption. Doc No 72098 October 20, 1993 I II I I~111~ I .......... I __ __ ADOPTED: October 26, 1993 - 15 - CONSENT AGENDA ITEM # 37324 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE Federal funding of $13,899 and State funding of $10,600 to the Department of Mental Health, Mental Retardation and Substance Abuse re continuing the Specialized Model Respite Program for medically fragile children; continuing the Virginia Department of Motor Vehicles Pokit Program; and, providing funding for an Anti-Drug Youth Forum to be hem at Virginia Wesleyan College. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None October 26, 1993 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FEDERAL FUNDING IN THE AMOUNT 2 OF $13,899 AND STATE FUNDING IN THE AMOUNT OF $10,600 TO THE 3 DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE 4 TO CONTINUE THE SPECIALIZED MODEL RESPITE PROGRAM FOR MEDICALLY 5 FRAGILE CHILDREN, TO CONTINUE THE VIRGINIA DEPARTMENT OF MOTOR 6 VEHICLES POKIT PROGRAM, AND TO PROVIDE FUNDING FOR AN ANTI-DRUG 7 YOUTH FORUM TO BE HELD AT VIRGINIA WESLEYAN COLLEGE 8 9 WHEREAS, the Community Services Board and the Department of Mental 10 Health, Mental Retardation, and Substance Abuse are responsible for the 11 coordination and implementation of mental health, mental retardation, 12 and substance abuse services; 13 WHEREAS, the department has received federal funding in the amount 14 of $12,000 to continue the specialized Model Respite Program for 15 Medically Fragile Children through Virginia Commonwealth University's 16 Virginia Institute for Developmental Disabilities (VIDD) Respite 17 Resource Project; 18 WHEREAS, the department has received state funding in the amount of 19 $10,600 to continue the Virginia Department of Motor Vehicles grant for 20 the Protect Our Kids in Traffic (POKIT) program which teaches 5,000 pre- 21 school and kindergarten age children about preventing head injuries; 22 WHEREAS, the department has also received federal funding in the 23 amount of $1,899 for a youth forum to be held at Virginia Wesleyan 24 College to provide anti-drug and prevention services to students and 25 families; 26 WHEREAS, the funding requires no local funding match or FTE's. 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 1. That funding in the amount of $12,000 be 29 accepted and appropriated from the federal government to continue the 30 specialized Model Respite Program for Medically Fragile Children through 31 VIDD; 2. That funding in the amount of $10,600 be accepted and 32 appropriated from the State to continue the Virginia Department of Motor 33 Vehicles POKIT program; 3. That a grant in the amount of $1,899 be 34 accepted and appropriated from the federal government for an anti-drug 35 forum to be held at Virginia Wesleyan College; 4. That appropriations be 36 offset by a $13,899 increase in federal revenue and a $10,600 increase 37 in state revenue for their duration. 38 Adopted by the City Council of the City of Virginia Beach, 39 Virginia, on the Twenty-s~xth day of October , 1993. 40 This ordinance shall be effective from the date of its adoption. - 16 - Item IV-L3 CONSENT AGENDA ITEM # 37325 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a Grant of $44,000 from the Virginia Commonwealth Transportation Board and TRANSFER $1L000 from the FY 1993-1994 Mass Transit Operations Budget to the Planning Department re support of a temporary position for transportation demand coordination in FY 1993-1994; and, increasing revenues accordingly. Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None October 26, 1993 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT IN THE AMOUNT OF $44,000 FROM THE VIRGINIA COMMONWEALTH TRANSPORTATION BOARD AND TO TRANSFER FUNDS WITHIN THE GENERAL FUND FOR A GRANT MATCH OF $11,000 WHEREAS, the federal and state government has committed resources to development of transportation plans to reduce the number of single occupancy vehicles thereby reducing the demand for new or expanded transportation facilities; 10 11 12 WHEREAS, the Commonwealth of Virginia Transportation Board has provided a grant in the amount of $44,000 for support of a temporary position for transportation demand coordination in FY 1993-94; 13 14 WHEREAS, the required $11,000 match is available in the FY 1993-94 Operating Budget for Mass Transit Operations; 15 16 17 18 19 20 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that a grant in the amount of $44,000 be accepted and appropriated from the Commonwealth of Virginia Transportation Board, and that revenues from the Commonwealth be increased by $44,000; and that funds in the amount of $11,000 be transferred from the FY 1993-94 Mass Transit Operations budget. 21 22 BE IT FURTHER ORDAINED that a temporary full-time position be created in the Planning department for the grant program. 23 24 Adopted by the Council of the City of Virginia Beach, Virginia on this 26 day of October , 1993. APPROVED AS TO CONTENT Walter C Dept of Management ~(:1 Budget APPROVF D AS 7 IM __ -17- Item 1V-[.4 CONSENT AGENDA ITEM # 37326 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to TRANSFER $25,000 of FY 1992-1993 Home Program funds and to authorize the City Manager to apply for the Virginia Housing Partnership Fund Rental Rehabilitation Loan Program. Voting: 11-0 Council Members Voting Aye: John ,,1. Baurn, Linwood O. Branch, III, James l,E. Brazier, Jr., Robert IF.. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members ~4bsent: None October 26, 1993 ORDIN~CE TO TRANSFER $25,000 IN HOME PROGRAM FUNDS AND TO AUTHORIZE THE CITY MANAGER TO APPLY FOR THE VIRGINIA HOUSING PARTNERSHIP FUND RENTAL REHABILITATION LOAN PROGRAM 5 6 7 8 9 10 11 12 13 14 15 16 17 WHEREAS the State has established a rehabilitation loan program for small rental property; and WHEREAS the City has determined that the use of such funds would be beneficial to neighborhood revitalization efforts; and WHEREAS HOME Program funds are available to provide required matching funds for this program. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that the City Manager is authorized to apply for the state rehabilitation loan program for small rental properties; and BE IT FURTHER ORDAINED THAT $25,000 of FY 93 HOME Program funds be transferred for use for such program. Adopted by Council of the City of Virginia Beach on the Twent:y-s±xl:h day of October , 1993. 18 19 20 21 Approved as to Content: A~lrew M. Fried/man, Director Department of Housing & Neighborh~d Presemation Approved as to Legal Form f \uaer~\jponder~m~ta\ord vhpf - 18 - Item 11/-1.5 CONSENT AGENDA ITEM # 37327 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance authorizing Tax Refunds in the amount of $87,350.50 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 11-0 Council Members Voting ,dye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None October 26, 1993 9/22/93 EMC FORM NO C A 7 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type TIcket Exonera- Date Penalty Int. Year of Tax Number tion No. Pa,d Total Christian Broadcast Network 93 RE(1/2) 20734-9 12/4/92 87,350.50 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $87~ 3_50..50 were approved by the Council of~(~e C~ty of V~rgi.nia Beach on the "day of Uctober 1993 Ruth Hodges Smith C~ty Clerk as to payr~,~ Jo~ ~. At-k~son, ~l~.u~.e~ Approved as to form. Lo~o L L~lley, C~~ - 19 - Item IV-L6 CONSENT AGENDA ITEM # 37328 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance authorizing License Refunds in the amount of $7,003.60 upon application of certain persons and upon certification of the Commissioner of the Revenue for payment. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None October 26, 1993 FORM NO C.A. S REV 3~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL Of THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcabons for hcense refunds, upon cert~hcabon of the Commissioner of the Revenue are hereby approved: License Date NAME Year Pa~d Base Penalty Int. Total Aaron Rents Inc. 3001 N Fulton Drive NE Atlanta, GA 30305 Anns Yogurt Incorporated T/A Its Yogurt 2528 Las Corrales Court Virginia Beach, VA 23456 Ansell, Charles R. T/A Ansell Associates 933 First Colonial Road 200 Virginia Beach, VA 23454 1990-93 Audit 808.10 1992-93 Audit 58.44 1991-92 Audit 1,068.78 808.10 58.44 1,068.78 Th~s ordinance shall be effective from date of adoption The above abatement(s) totaling $ 1,935.32 26 of the C~ty of V~rgm~a Beach on the day of Certified as to Payment ~rt P Vaughan ~ Comm,ss,oner of the-'Revenue Approved as to form Lesl,'-~'L L,Iley~ -~'--' ~,~ C~ty Attorney were approved by the Council 0ct. ober 93 ,19 Ruth Hodges Smith C,~ Clerk FORM NO CA. 8RL~/ ~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That the following apphcat~ons for hcense refunds, upon cert~hcabon of the Commissioner of the Revenue are hereby approved: L~cense Date Base Penalty I nt NAME Year Pa~d Total Barr Bros. Inc. T/A Chapman Jewelers 2432 Ingleslde Road Norfolk, VA 23513 Clement, Harold T/A C Harold Hauling 1045 VA Tech Trail Virginia Beach, VA Hllltop Texaco Inc. 2553 Torrey Place Virginia Beach, VA 23455 23454 1992 Audit 27.76 1992 Audit 136.81 1991-92 Audzt 1,024.25 27.76 136.81 1,024.25 Th~s ordinance shall be effective from date of adopbon The above abatement(s) totaling $ 1,188.82 26 of the C;ty of V~rg;n~a Beach on the day of Cert;hed as to Payment c~bJm~, sPs, oVna~rg~fa~ e ~e~v e n ue Approved as to form ~lley'- C~ty Attorney were approved by the Counc,I October ,19 93 Ruth Hodges Smith C,ty Clerk FORM NO CA. 8 REV 3/86 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcat~ons for hcense refunds, upon cert~flcabon of the Commissioner of the Revenue are hereby approved: bcense Date NAME Year Pa~d Base Penalty Int Total Payable to: John T. Atkinson, Treasurer International Leisure Corp. T/A Royal London Wax Museum 1606 Atlantic Avenue 1992 Audit Virginia Beach, VA 23451 James Gallagher Jr. Inc. 1991-92 T/A Shamrock Masonry Enterprises 552 Central Drive 103 Virginia Beach, VA 23454 Audit Joyce, Vlv~an & Denise E. Conti T/A Creative Adornments 1992 3617 Forrester Lane Virginia Beach, VA 23452 Audit 237.51 19.86 32.73 237.51 19.86 32.73 Th~s ordinance shall be effechve from date of adopbon The above abatement(s) totaling $ 290.10 of the C~ty of V~rg~n~a Beach on the 26 day of Certified as to Payment ~' 't J ~ ~e~, sP~ oVnaeU>o~ta~ e ' "J .evenue Approved as to form ~'~ ~ L,Iley C~ty Attorney were approved by the Councd October , 19 93 Ruth Hodges Smith C,ty Clerk FORM NO C.A. 6 FiE~ ~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That the following apphcahons for hcense refunds, upon certification of the Commissioner of the Revenue are hereby approved. NAME bcense Date Base Penalty Int Year Pa~d Total Justham, T. Kelth 1990 T/A Nobody Gnomes Design Studio 444 Sharp Street Virginia Beach, VA 23452 Krispy Kreme Doughnut Corp. P.O. Box 83 Winston Salem, NC 27102 1992-93 Kurtin Kuntry Ltd. T/A Curtain Calls 1216 Clayton Court Chesapeake, VA 23320 Audit 57.00 Audit 3,356.12 1991 Audit 138.96 57.00 3,356.12 138.96 Th~s ordinance shall be effective from date of adophon The above abatement(s) totaling $ 3,552.08 of the C~ty of V~rg~ma Beach on the 26 day of Cemhea as to Payment Comm,smoner of thc¥-Frevenue Approved as to form C,ty Attorney were approved by the Counc,l October , 19 93 Ruth Hodges Smith C~ty, Clerk FORM NO CA. SREV ~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcabons for hcense refunds, upon cert~hcat~on of the Commissioner of the Revenue are hereby approved: L~cense Date NAME Year Pa~d Base Penalty Int Total Overholt Dozer Service Inc. 445 Wenger Road Chesapeake, VA 23322 1992 Audit 22.33 Virginias Golden Scissors Salon 2929 Sunrise Avenue 1992 Chesapeake, VA 23324 Audit 14.95 22.33 14.95 Th~s ordinance shall be effective from date of adoption The above abatement(s) totaling $ 37,28 of the C~ty of V~rgm~a Beach on the 26 day of Certified as to Payment Comm,ss,oner of~_~Revenue Approved as to form C,ty Attorney were approved by the Counc,I October , 19 93 Ruth Hodges Smith C,ty Clerk - 20 - Item IV-J. 1. RESOLUTIONS ITEM # 37329 Robert Matthias, Assistant to the City Manager, advised an Addendum to the Legislative Package of a Public Safety Package. Upon motion by Vice Mayor Sessoms, seconded by Councilman Dean, City Council DEFERRED until the City Council Session of November 9, 1993: Resolution requesting the support of the City's General Assembly Delegation for their Legislative Package in the 1994 General Assembly Session. Council Lady Parker referenced the need for assistance from the General Assembly concerning the AICUZ areas and requiring stricter building codes. Mayor Oberndorf advised conferring with the Commanding Officer of Oceana and his invitation to the City Council for a Briefing and Discussion relative the mission of Oceana. Commander Craine is working with the Planning Department relative proposals to protect the base. Councilman Lanteigne requested additions to the Legislative Package: (1) the ability for Virginia Beach School Boards to run criminal history checks and fingerprint analysis of personnel as a safety measure for the students; (2) lowering the blood alcohol content for DUI from .10 to .08 and creating an illegal blood alcohol content for those individuals under twenty-one of.02. (3) Councilman Lanteigne distributed a proposed amendment to Section 15.1-292.4 Regulation of Stormwater of the State Code: Adding Parage F: "A locality adopting such a system may provide full waivers or reduced service charges to proeprty owners whose properties are exempt from local property taxation ". (4) If a Juvenile Detention Facility is adopted within the CIP, then the City should attempt to attach matching funds form the State. (5) Concerning rural areas, the General Assembly should investigate ways to reduce or freeze land use tax and study providing a lesser value on forestry land. Councilman Moss advised the State's shor(fall is $550-MILLION. The City may want to look realistically concerning the Legislative Package and not request so much additional funding. Councilman Moss intends to put forward opposition to the Gas Tax. Councilman Moss raised objection to the Billing of stormwater utility accounts and believed this Section should be repealed. Councilman Moss requested discussion concerning the $30-MILLION Charter Amendment for the Virginia Marine Science Museum be SCHEDULED for the City Council Session of November 2, 1993. Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None October 26, 1993 - 21 - Item IV-K. 1. PUBLIC HEARING ITEM # 37330 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING (a) THE CHRISTIAN BROADCASTING NETWORK, INC. STREET CLOSURE (b) BA YMARK CONSTRUCTION CORPORATION CHANGES OF ZONING (c) VICTORY BAPTIST CHURCH CONDITIONAL USE PERMIT (d) JUDEO-CHRISTIAN OUTREACH CENTER - DICK POWELL CONDITIONAL USE PERMIT (e) RICHARD H. KLINE CONDITIONAL USE PERMIT (f) T.M.C. ASSOCIATES/T.B.A. ASSOCIATES CONDITIONAL USE PERMIT (g) FERRELL PARKWAY ASSOCIATES, INC. RECONSIDERATION OF PROFFERS CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT (h) SOUTHERN RURAL PRESERVATION AREA AMEND Comprehensive Plan AMEND CZO re Zoning D~ REPEAL Section 405 re Agricultural Districts AMEND CZO re Rural Residential Districts AMEND Zoning Ordinance map AMEND Subdivision Regulations re Cul-De-Sac Streets AMEND Section 502 CZO re Dimensional Requirements and AMEND Appendix of the Comprehensive Plan October 26, 1993 - 22 - Item IV-IC I.a. PUBLIC HEARING ITEM it 37331 PLANNING Attorney Pamela Piscatelli, Post Office Box 3037, Norfolk, Phone: 624-3313, represented the applicant Upon motion by Councilman Clyburn, seconded by Councilman Moss, City Council AUTHORIZED FINAL APPROVAL: Ordinance upon application of the CHRISTIAN BROADCASTING NETWORK, INC., for the discontinuance, closure and abandonment of West Centerville Turnpike: Application of The Christian Broadcasting Network, Inc., for the discontinuance, closure and abandonment of West Centerville Turnpike beginning at the western boundary of Centerville Turnpike and running in a southwesterly direction a distance of 2900 feet more or less. Said parcel is 50 feet in width. KEMPSVILLE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None October 26, 1993 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING WEST CENTERVILLE TURNPIKE AS SHOWN ON THAT CERTAIN PLAT ENTITLED "RE-SUBDIVISION OF PROPERTY OF CHRISTIAN BROADCASTING NETWORK, INC., VACATION OF WEST CENTERVILLE TURNPIKE," WHICH PLAT IS ATTACHED HERETO. WHEREAS, it appearing by affidavit that proper notice has been given by The Chnstian Broadcasting Network, Inc. CCBN"), that it would make application to the Council ("Council") of the City of Virginia Beach, Virginia ("City"), on , 1993, to have the hereinafter described street discontinued, closed and vacated; and WHEREAS, it is the judgment of the Council that said portion of the street be discontinued, closed and vacated: NOW, THEREFORE, SECTION I BE IT ORDAINED by Council that the hereinafter described street be discontinued, closed and vacated: Beginning at a point, said point being S 00035'57" W, 237.67' along the western fight of way line of Centerville Turnpike from the northeast comer of the property of the Christian Broadcasting Network, Inc. as shown on the plat ("Plat") entitled Re-Subdivision of Property of the Christian Broadcasting Network, Inc., Vacation of West Centerville Turnpike. Thence from said point of beginning and leaving the western fight of way line of Centerville Turnpike S 46°39'51'' W, 88.95' to a point; thence along a curve to the left having a radius of 406.97' and an are length of 224.23' to a point; thence S 49030'00.. W, 26.95' to a point; thence along a curve to the fight having a radius of 6004.58' and an are length of 1466.86' to a point; thence S 63029'48'' W, 979.69' to a point; thence N 26°30'12'. W, 25.00' to a point; thence S 63029'48.' W, 75.00' to a point; thence S 29°11'18" E, 75.08' to a point; thence N 63029'48.' E, 1051.17' to a point; thence along a curve to the left having a radius of 6054.58' and an arc length of 1479.07' to a point; thence N 49030'00.. E, 26.95' to a point; thence along a curve to the fight having a radius of 356.97' and an arc length of 196.70' to a point; thence S 36049'25.' E, 90.38' to a point on the western fight of way line of Centerville Turnpike; thence along the western fight of way line of Centerville Turnpike N 00°51'45" E, 182.81' to the point of beginning. GPIN Nos.: 1455-68-3796 1455-47-8128 The above described parcel is located in the Kempsville Borough of the City of Virginia Beach, V~rginia, and is more particularly described on the Plat recorded m Map Book. , at page , in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. SECTION H A certified copy of this Ordinance shall be filed in the Clerk's Office and indexed in the name of the City of Virginia Beach as Grantor. ADOPTED: October 26~ 1993 APPROVED AS TO CONTENTS DEPARTMENT APPROVED AS TO LI:GAL SUFFICIENCY AND FORM CITY ATTORNEY ,- , / I / (~'-ol) z~ ~g¥ / / / / o o o o o o o z 0 C) Item IV-K.I.b. PUBLIC HEARING ITEM # 37332 PLANNING Robert S. Miller, III, P.E., 5033 Rouse Drive, Phone: 490-9264, represented Miller-Stephenson & Baymark Construction. Mr. Miller's correspondence to the City Clerk requesting DEFERRAL is hereby made a part of the record. Upon motion by Councilman Dean, seconded by V~ce Mayor Sessorns, City Council DEFERRED INDEFINITELY Ordinances upon application of BAYMARK CONSTRUCTION CORPORATION for Changes of Zoning: AND, ORDINANCE UPON APPLICATION OF BA YMARK CONSTRUCTION CORPORATION FOR A CONDITIONAL CHANGE OF ZONING FROM AG-1 TO R-Z5 Ordinance upon application of Baymark Construction for a conditional Change of Zoning District Classification from AG-1 Agricultural District to R-7.5 Residential District on property located 600feet east of Holland Road, south of Winterberry Lane. The proposed zoning classification change to R-7.5 is for single-family residential at a density no greater than 3.5 dwelling nits pe acre. The Comprehensive plan recommends use of this parcel for low density residential use at densities that are compatible with single-family use in accordance with other Plan policies. Said parcel is located at 2812 Holland Road and contains 38.45 acres. PRINCESS ANNE BOROUGH. ORDINANCE UPON APPLICATION OF BA YMARK CONSTRUCTION CORPORATION FOR A CONDITIONAL CHANGE OF ZONING FROM AG-2 TO R-Z5 Ordinance upon application of Baymark Construction Corporation for a Conditional Change of Zoning District Classification form AG-2 Agricultural District to R-7.5 Residential District on the east side of Holland Road, south of Winterberry Lane. The proposed zoning classification change to R-7.5 is for single-family residential land use at a density no greater than 3.5 dwelhng units per acre. The Comprehensive Plan recommends use of this parcel for low density residential use at densities that are compatible with single-family use in accordance with other Plan policies. Said parcel is located at 2812 Holland Road and contains 4.82 acres. PRINCESS ANNE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lantetgne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and V~ce Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None October 26, 1993 - 24 - Item IV-K.I.c. PUBLIC HEARING ITEM # 37333 PLANNING Robert D. Ruffin, 1112 Bailey Wick Drive, Phone: 464-5967, represented the applicant Upon motion by Councilman Dean, seconded by Councilman Moss, City Council ADOPTED an Ordinance upon application of VICTORY BAPTIST CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF VICTORY BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH, DAY CARE CENTER, SCHOOL & RELATED ACTIVITIES R010931856 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Victory Baptist Church for a Conditional Use Permit for a church, day care center, school & related activities on property located on the southwest side of Princess Anne Road, .3 mile northwest of Glebe Road. Said parcel is located at 2641 Princess Anne Road and contains 31.860 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: A 75-foot wide right-of-way dedication will be required on the property once the centerline for the alternative access route is established. There will be one temporary access to the site from Princess Anne Road. Once an alternative access ts established, this temporary access shall be removed. 3. Temporary left and right turn lanes on Princess Anne Road will be required to serve the temporary access to the site. 4. A stormwater management plan with relevant calculations will be required during detailed site plan review process. 5. The day care center will have a capacity of 128 children and shall operate from 6:00 AM to 7:00 PM daily. 6. A tree preservation plan will be submitted during detailed review process. Architecture, building materials and color shall substantially adhere to photographs presented to Planning Commission and on file in the Planning Department. This Ordinance shall be effective in accordance with Section 107 (.D of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~. -sixth of October, Nineteen Hundred and Nines_ - Three. October 26, 1993 Item IV-l~ l.c. PUBLIC HEARING ITEM # 37332 (Continued) PLANNING Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None October 26, 1993 - 26 - Item IV-K. I.d. PUBLIC HEARING ITEM # 37334 PLANNING Richard Powell, represented the applicant Upon motion by Councilman Brazier, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of JUDEO-CHRISTIAN OUTREACH CENTER - DICK POWELL for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF JUDEO-CHRISTIAN OUTREACH CENTER - DICK POWELL FOR A CONDITIONAL USE PERMIT FOR A GROUP HOME (ADDITION) R010931857 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CFIY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Judeo-Christian Outreach Center -Dick Powell for a Conditional Use Permit for a group home (addition) on the south side of Virginia Beach Boulevard, 540 feet east of North Birdneck Road. Said parcel is located at 1049 and 1053 Virgima Beach Boulevard and contains 41,382 square feet. LYNNHAVEN BOROUGH. The following condition shall be required: 1. A plan of development review will be required prior to the issuance of a building permit. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenff-sixth of October, Nineteen Hundred and Nineff_ -Three. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy ~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None October 26, 1993 - 27 - Item IV-IC l. e. PUBLIC HEARING ITEM tt 37335 PLANNING Warren L. Tisdale, 1800 NationsBank Center, Norfolk, Phone: 628-5556, represented the applicant Upon motion by Councilman Brazier, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of RICHARD H. KLINE for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF RICHARD H. KLINE FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES R010931858 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Richard H. Kline for a Conditional Use Permit for motor vehicle sales on the east side of Mustang Trail, 181 feet south of Virginia Beach Boulevard. Said parcel is located at 280 Mustang Trail and contains 2. 74 acres. LYNNHAVEN BOROUGH. This Ordinances shall be effective in accordance with Section 107 (19 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~_ -sixth of October, Nineteen Hundred and Nine~_ - Three. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert ~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None October 26, 1993 - 28 - Item IV-Kl.f PUBLIC HEARING ITEM # 37336 PLANNING Jim Arnhold, 486-6100, represented the applicant Robert McDonnel, Post ofice Box 8913, represented the Three Oaks Homes Association, Inc., and expressed concerns relative street ties. Upon motion by Councilman Dean, seconded by Vice Mayor Sessorns, City Council ADOPTED an Ordinance upon application of T.M.C. ASSOCIATES/T.B.A. ASSOCIATES for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF T.M.C. ASSOCIATES/T.B.A. ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR AN OPEN SPACE PROMOTION OPTION R010931859 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of T.M.C. Associates/T.B.A. Associates for a Conditional Use Permit for an Open Space Promotion Operation on certain property located on the south side of Princess Anne Road, 1500 feet more or less east of Seaboard Road· Said parcel contains 103 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: · A wetlands bench for the establishment of emergent wetlands vegetation shall be provided along the perimeter of lakes wherever practicable· Forebay areas for trapping sediments are also required at stormwater discharge points. Areas to be benched and specific design criteria shall be provided at the time of detailed site plan review. 2. Lots impacted by forested areas shall employ the concept of building envelopes to minimize disturbance of this resource. o The utilization of an entrance gateway is required. Design considerations will be addressed during detailed site plan review. · Those persons and/or companies that construct single-family dwellings upon the property shall reasonably cooperate with the United States Navy and the City in utilizing sound attenuation materials in said construction. (AMENDED) 5. A 15-foot landscape buffer shall be provided along Princess Anne Road. The following condition was DELETED: October 26, 1993 - 29 - Item IV-KI.f. PUBLIC HEARING ITEM # 37336 (Continued) PLANNING This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-sixth of October, Nineteen Hundred and Ninety-Three. Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None October 26, 1993 - 30 - Item IV-IC 1. g. PUBLIC HEARING ITEM # 37337 PLANNING Tuck Bowie, 1709 Oxen Court, Phone: 481-2741, represented the applicant The following spoke in OPPOSITION: Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Upon motion by Councilman Dean, seconded by Vice Mayor Sessorns, City Council AUTHORIZED the Amended PROFFERS of the April 24, 1989, approved application to limit height of any structure to thirty-five (35) feet, revise site plan and authorize the new location for the entrance way: Ordinance upon application of FERRELL PARKWAY ASSOCIATES, INC. for a Reconsideration of Proffers: RECONSIDERATION OF PROFFERS on certain property located at the northwest corner of Ferrell Parkway and General Booth Boulevard, zoned 0-2 Office District. The Comprehensive Plan recommends use of this parcel for office use in accordance with other Plan policies. Said parcel contains 15. 7 acres. PRINCESS ANNE BOROUGH. The following condition shall be required: 1. The Amended Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court. A N D, ADOPTED an Ordinance upon application of FERRELL PARKWAY ASSOCIATES, INC. for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF FERRELL PARKWAY ASSOCIATE~ INC. FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM CONDITIONAL 0-2 TO B-2 Z0109311397 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Ferrell Parkway Associates, Inc. for a Conditional Change of Zoning District Classification from Conditional 0-2 Office District to Conditional B-2 Community Business District on certain property located on the north side of Ferrell Parkway, 700 feet more or less west of General Booth Boulevard. The proposed zoning classification change to B-2 is for community-wide business land use. The Comprehensive Plan recommends use of this parcel for office use in accordance with other Plan policies. Said parcel contains 2 acres. PRINCESS ANNE BOROUGH. The following condition shall be required: . The Amended Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court (DELETE PROFFER #3). October 26, 1993 - 31 - Item IV- IC 1. ~. -- PUBLIC HEARING ITEM # 37337 PLANNING A N D, ADOPTED an Ordinance upon application of FERRELL PARKWAY ASSOCIATES, INC., for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF FERRELL PARKWAY ASSOCIATE,~ INC. FOR A CONDITIONAL USE PERMIT FOR AN INDOOR RECREATIONAL FACILITY (SKATING RINK) R010931860 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Ferrell Parkway Associates, Inc. for a Conditional Use Permit for an indoor recreational facility (skating rink) on certain property located on the north side of Ferrell Parkway, 700feet more or less west of General Booth Boulevard. Said parcel contains 2 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. Monument style sign will have external lighting. 2. Bicycle racks will be provided on site. These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~_ -sixth of October. Nineteen Hundred and Nine~_ - Three. Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert 14. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None October 26, 1993 Item IV-lfi l.~. -- PUBLIC HEARING ITEM # 37338 PLANNING The following spoke in SUPPORT of the Ordinances: Attorney Edward Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971, represented the Shadowlawn Residents, Phone: 499-8971 Herb Culpepper, 1771 Princess Anne Road, Phone: 426-6111 The following registered in OPPOSITION: Michele Shean, 1873 Malbon Road, Phone: 426-5207 Karla Marshall, 3654 Hill Breeze Road, Phone: 441-2152, represented the Back Bay Restoration Association Tony Leger, represented the Back Bay NWR Jane Bloodworth Rowe, 1464 Lotus Drive, Phone: 426-7389 Sue Carlyle, 1425 Alanton Drive, represented the Virginia Beach Audobon, Phone: 481-2538 Barbara Henley, 3513 Charity Neck Road, Phone: 426-7501, represented SAVE Marvin Rollins, 1521 Mill Landing Road, Phone: 426-6459 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council DEFERRED FOR THIRTY (30) DAYS the AMENDMENTS for the Southern Rural Preservation Area of the City of Virginia Beach: A. AMEND Comprehensive Plan re Rural Preservation Plan B. AMEND and RE, ORDAIN the City Zoning Ordinance, Section 102, Subsection (a) re Zoning Districts C. AMEND and REORDAIN the City Zoning Ordinance, Sections 400, 401, 402 and 404; and, REPEAL Section 405 re Agricultural Districts D. AMEND and REORDAIN the City Zoning Ordinance, Article 4 by ADDING Sections 450, 451, 452, 453, 454 and 455 re Rural Residential District AMEND and REORDAIN the Zoning Ordinance Map of the City Zoning Ordinance re Repeal of the AG-2 Zoning District; and, Reclassify all properties previously zoned AG-2 to AG-1 F. AMEND and REORDAIN Section 4.1, Subsection (p) of the Subdivision Regulations re Cul-De-Sac Streets October 26, 1993 - 33 - Item IV- PUBLIC HEARING ITEM # 37338 (Continued) PLANNING Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis iZ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None October 26, 1993 - 34 - Item IV-K.I.i. PUBLIC HEARING ITEM # 37339 PLANNING The following registered in SUPPORT: Attorney Edward Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971, represented the Shadowlawn Residents, Phone: 499-8971 Philip J. Morgan, 627 Delaware Avenue: Phone: 425-1084, represented twenty Shadowlawn property Owners Betty J. Savage, 527 Winston Salem Avenue, Phone: 422-4101 Tim Cusler, 419 Terrace Avenue, Phone: 437-9248, represented the Shadowlawn Heights Civic League The following registered in OPPOSITION: Robert L. Yoder, 700 High Point Avenue, Phone; 422-8844 Jerry Harris, 700 Kennedy Avenue, Phone: 422-6451 Diana Close, 412 Cendina Avenue, Phone: 425-7401 A motion was made by Councilman Branch, seconded by Vice Mayor Sessorns, to ADOPT an Ordinance to AMEND and REORDAIN Section 502 of the City Zoning Ordinance of the City of Virginia Beach, Virginia, re Dimensional Requirements; and, AMEND the Appendix to the Comprehensive Plan re Shadowlawn Infill Development Guidelines, as REVISED (Version submitted by Councilman Branch) with 5 and 5 foot setbacks to create one 35 foot lot. Upon SUBSTITUTE MOTION by Councilman Jones, seconded by Councilman Moss, City Council DEFERRED until the City Council Session of November 2, 1993: Ordinance to AMEND and REORDAIN Section 502 of the City Zoning Ordinance of the City of Virginia Beach, Virginia, re Dimensional Requirements; and, AMEND the Appendix to the Comprehensive Plan re Shadowlawn Infill Development Guidelines. Voting: 6-5 Council Members Voting Aye: John A. Baton, Robert IC Dean, Louis R~ Jones, John D. Moss, Mayor Meyera E. Oberndorf and Nancy I~ Parker Council Members Voting Nay: Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Paul J. Lanteigne, and Vice Mayor William D. Sessorns, Jr. Council Members Absent: None October 26, 1993 - 35 - Item IV-L.i. APPOINTMENTS ITEM # 37340 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: HAMPTON ROADS ~R POLLUTION DISTRICT COMMISSION HISTORICAL REVIEW BOARD October 26, 1993 - 36 - Item IV-L.Z APPOINTMENTS ITEM # 37341 Upon NOMINATION by Vice Mayor Sessoms, City Council: TRANSPORTATION SAFETY COMMISSION APPOINTED: James Wood AND, ~POINTED: Paul J. Lanteigne Three-year terms: 11/1/93 - 10/31/96 Voting: 11-0 Council Members Voting Aye: John A. Bautn, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None October 26, 1993 - 37 - Item IV-M. 1. UNFINISHED BUSINESS ITEM # 37342 ADD -ON Councilman Dean expressed concern relative either a retention pond or borrow pit in Holland Pines, a subdivision abutting Piney Grove Church on the corner of Rose Petal and Crestwood Drive. This appears to be thirty-five feet deep and Councilman Dean believes this retention pond is being utilized as a borrow pit. Councilman Dean requested information on the difference between a borrow pit and retention pond. Some income is derived from a borrow pit, while none is derived from stormwater retention ponds. Director of Planning advised there is a borrow pit in this location, which has been permitted by the City Council. October 26, 1993 - 38 - Item IV-N.]. NEW BUSINESS ITEM # 37343 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Resolution endorsing the efforts of the Virginia Municipal League, the Virginia Association of Counties, the Virginia School Boards Association and their national counterparts in support of working with the national groups to inform citizens of the impact of Federal and State mandates on governments and citizens; and, to work with the Delegations to reduce the burden of unfunded mandates. (Sponsored by Mayor Meyera E. Oberndorf) Voting: 11-0 Council Members Voting Aye: John .4. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None October 26, 1993 Requested by Mayor Meyera E. Oberndorf 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 A RESOLUTION PERTAINING TO UNFUNDED FEDERAL AND STATE MANDATES WHEREAS, according to the Joint Legislative Audit and Review Commission, Virginia's local governments are subject to 391 federal and state mandates; WHEREAS, unfunded mandates on local governments have increased significantly in recent years; WHEREAS, federal and state mandates require cities, counties, and towns to perform duties without consideration of local circumstances or capacity; WHEREAS, in some cases, mandates require local governments to redirect their priorities to meet federal and state objectives rather than community objectives; WHEREAS, excessive federal and state regulations on local governments impose harsh pressures on local budgets, often requiring increases in local taxes and fees and/or reduced local services for residents; WHEREAS, federal and state mandates too often are inflexible, one-size-fits-all requirements that impose unrealistic time frames and specify procedures or facilities where less costly alternatives might be just as effective; WHEREAS, existing mandates impose harsh pressures on local budgets, often requiring increases in local taxes; WHEREAS, the cumulative impact of these legislative and regulatory actions directly affect the citizens of our cities, counties, and towns; and WHEREAS, the Virginia Municipal League, the Virginia Association of Counties, and the Virginia School Boards Association are working with localities, school boards, and organizations across the nation to begin a public education campaign to help citizens understand and then reduce the burden and inflexibility of unfunded mandates, beginning with a National Unfunded Mandates Day on October 27, 1993; 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby endorses the efforts of the Virginia Municipal League, the Virginia Association of Counties, and the Virginia School Boards Association and their national counterparts, and supports working with the national groups to fully inform our citizens about the impact of federal and state mandates on our governments and the pocketbooks of our citizens; BE IT FURTHER RESOLVED: That City Council plans to increase its efforts to inform members of our Congressional and General Assembly delegations about the impact of federal and state mandates, and plans to work with the delegations to reduce the burden of unfunded mandates on our citizens; BE IT FURTHER RESOLVED: That October 27, 1993, is hereby proclaimed to be "Unfunded Mandates Day" in the City of Virginia Beach in observance of National Unfunded Mandates Day. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26 day of October , 1993. 54 55 56 57 CA-5334 ORDIN\NONCODE\MANDATE. RES R-1 PREPARED: October 20, 1993 - 39 - Item 1F-N. 2. NEW BUSINESS ITEM # 37344 Upon motion by Councilman Baum, seconded by Vice Mayor Sessoms, City Council ADOPTED: Ordinance to REPEAL the April 9, 1991, adopted Ordinance approving rezoning of certain property in the Princess Anne Borough with GPIN Number 1493-43-2693-0000 owned by DOCKERY LAMBERT, JR. and MILDRED LAMBERT. (Sponsored by Councilman John A. Baum) Voting: 10-1 Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, James W. Brazier, Jr., Robert W Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy lC Parker and Vice Mayor William D Sessorns, Jr. Council Members Voting Nay: Robert IC Dean Council Members Absent: None October 26, 1993 Requested by Councilman John Baum 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 AN ORDINANCE TO REPEAL AN ORDINANCE APPROVING THE REZONING OF CERTAIN PROPERTY IN THE NAME OF DOCKERY LAMBERT, JR. AND MILDRED LAMBERT WHEREAS, on April 9, 1991, the City Council approved certain rezoning applications of Indian River Plantation, Inc. from AG-1 and AG-2 to R-10, R-15 and R-20 district classifications; and WHEREAS, included in the property rezoned was a parcel having GPIN Number 1493-43-2693-0000, in the names of Dockery Lambert, Jr. and Mildred Lambert (hereinafter owners); and · WHEREAS, due to conditions beyond the owners' control, the development of the Lambert property as proposed by the rezoning has been frustrated; and WHEREAS, the owners have requested and received the approval of the City Council to rezone the property to the earlier AG-1 and AG-2 classifications and have further requested that retroactive effect be given to the repeal of the ordinance adopted on April 9, 1991, whereby the Lambert property was rezoned to the R-10 classification; and - WHEREAS, considering the effect of external circumstances upon the proposed development of the Lambert property, the City Council is of the opinion that the repeal of the April 9, 1991 ordinance should be given retroactive effect. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Ordinance adopted by the Virginia Beach City Council on April 9, 1991, whereby the property in the names of Dockery Lambert, Jr. and Mildred Lambert (GPIN number 1493-43-2693- 0000) was rezoned from AG-1 and AG-2 to R-10 is hereby repealed in its entirety and such repeal shall be effective retroactively, and the Ordinance approving the rezoning of the Lambert property to R- 32 33 34 10 shall be deemed void ab initio. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26 day of October , 1993. 35 36 37 CA-5319 ORDIN\NONCODE\CA4829.ORD R-1 APPROVED'AS TO LEGAL SUFFiC,~NCy Item IV-N. 3. NEW BUSINESS ITEM # 37345 Upon motion by Vice Mayor Sessorns, seconded by Councilman Moss, City council AGREED TO ADD TO THE AGENDA: Resolution to direct the Planning Commission to study and forward the recommendation to the City Council concerning a proposal to permit off-site parking in the 1-1 and 1-2 Industrial Districts. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis IL Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None October 26, 1993 - 41 - Item IV-N. 4, NEW BUSINESS ITEM # 37346 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution to direct the Planning Commission to study and forward the recommendation to the City Council concerning a proposal to permit off-site parking in the I-1 and 1-2 Industrial Districts. Voting: 11-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None October 26, 1993 Requested by Councilman William D. Sessoms A RESOLUTION TO DIRECT THE PLANNING COMMISSION TO STUDY AND FORWARD ITS RECOMMENDATION TO THE CITY COUNCIL CONCERNING A PROPOSAL TO PERMIT OFF-SITE PARKING IN THE I-1 AND I-2 INDUSTRIAL DISTRICTS 10 11 12 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Planning Commission is hereby directed to consider a proposal to amend the I-1 and I-2 Industrial Districts so as to permit off-site parking within such districts and to forward its recommendation within 45 days of the date of adoption of this Resolution. 13 14 Adopted by the Council of the City of Virginia Beach, 26 October Virginia, on the day of , 1993. 15 16 17 18 CA-5341 ORDIN~NONCODE~parking. res R-1 PREPARED: 10/25/93 Item IV-N. 4. NEW BUSINESS ITEM # 37346 The City Clerk advised it is necessary for City Council to schedule the Public Hearing for the 1993 School Board Appointments. Public Notice must be given at least ten days prior to the Public Hearing. The Public Hearing must be advertised and shall be held at least seven (7) days prior to the appointment. BY CONSENSUS, City Council shall SCHEDULE this item for the City Council Session of November 2, 1993. October 26, 1993 Item IV-M. 1, ADJOURNMENT ITEM # 37347 Mayor Oberndorf DECLARED the Meeting ADJOURNED at 10:55 P.M. Beverly 0.' Hooks, CMC Chief Deputy City Clerk Ruth Hodges Smith, CMC/AAE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia October 26, 1993