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AUGUST 28, 1989 'WORLD'S LARGEST RESORT CITY' CrrY COUNCIL MAYM L-, VICE MAYOR @T E F@PLW, Vili.@ @h &-h ALBERT W @O L-@ &"@ JOHN A MUM. @. B-h HAROLD H@MK A. L- @ U. H@U@. -- --@ @ & M@M. @- M. JOHN D mon @-- -.@ N@ X P@P, M @, JOHN L PERRY, &@ @gh WIW- D. @ JR.. 281 CITY HAU BUILDIIQG MUNICIPAL CENTER AU@Y V. WA-. JR., C@, M.- CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002 j@ D@ WMW.. C.,, A,-- (804) 427-4303 R@H WDGU WrrH. CMCI@. C@q C@k AUGUST 28, 1989 ITEM 1. CITY MANAGERTS BRIEFING Conference Room 4:00 PM A. VIRGINIA MARINE SCIENCE MUSEUM E)(PANSION Mr. Mac Rawls, Director Mr. Verner Johnson ITEM 11. COUNCIL CONFERENCE SESSION - Conference Room 5:00 PM A. CITY COUNCIL CONCERNS ITEM Ill. INFORMAL SESSION - Conference Ro(xn 5:30 PM A. CALL TO ORDER - Vayor %yera E. Oberndorf B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEN IV. FORMAL SESSION - Council Chamber 6:00 PM A. INVOCATION: Reverend Andrew J. MacBeth Eastern Shore Chapel (CELEBRATING 300th ANNIVERSARY) B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CERTIFICATION OF EXECUTIVE SESSION E. MINUTES 1. INFORMAL & FORMAL SESSIONS - August 21, 1989 F. CITY MANAGER'S PRESENTATION 1. SOUTHEASTERN VIRGINIA EXPRESSWAY Virginia Department of Highways G. RESOLUTION/ORDINANCE 1. Resolution providing for the distribution of a Preliminary Official Staternent and an Offering Circular In connection with the issuance and sale of $40,210,000 General Obligation Public Improvement Bonds, Series of 1989A, and $2,000,000 General Obligation Public Improvement Bonds, Series of 1989B (Capital Appreciation Minibonds), of the City of Vlrginia Beach, Virginia. 2. Ainendment to Ordinance (adopted December 12, 1988) authorizing the issuance ot General Obligation Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $26,300,000 for various public facilities and general Improvements. H. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion In the form listed. If an Item Is removed from the Consent Agenda, It wili be discussed and voted upon separately. 1. Resolution authorizing the enlargernent of the nonconforming use and structure located at 603 20th Street, property ot Joy and Russell Talley. 2. Ordinance to authorize acquisition of property In fee simple for right-of-way for Independence Boulevard, Phase IIA-2, and the acquisition of temporary and permanent easements of right-of-way, either by agreement or condemnation. Deferred August 21, 1989 3. Ordinance, upon SECOND READING, to ACCEPT and APPROPRIATE a $112,500 Grant from the Coarnonwealth of Virglnia Department of Houslng and Community Development for a Homeless Intervention Program. 4. Ordinance, upon SECOND READING, to ACCEPT and APPROPRIATE $2,590 In additional state aid funds Into the Department of Libraries FY 1989-1990 operating budget. 5. Ordinance, upon FIRST READING, to TRANSFER $50,000 for a loan to Neptune Festival/Ocean Occasions for a "First Night" Performing Arts Celebration. 6. Authorize the City Manager to designate Fire Chief Flarry E. Diezel as the Ernergency Management Coordinator. 7. LOW BIDS: a. NORTH STAR CORPORATION Rudee Inlet Bulkhead $201,045.00 (CIP 2-018) b. ORDWAY CONSTRUCTION Larkspur Contract 11 $698,741.00 COMPANY (CIP 5-013 & 6-945) PUBLIC HEARING 1. PLANNING - DEFERRED a. Application of MURRAY WHOLESALE DRUG CORPORATION for Conditional Zonin_q Classification from R-7.5 Residential District to 0-1 Otfice District on Lot 29, Thalia Village (4353 Bo ney Road,@ontaining 3.0239 acres (KEMPSVILLE BOROUGH). Deferred June 26, 1989 Recommendation: DENIAL 2. PLANNING a. Application of ROBERT J. RUHL, DEPARTMENT OF ECONOMIC DEVELOPMENT, for the discontinuance, closure and abandonment of a portion of Bayside Road beginning at a point 500 teet more or less Southwest of the Northern tenninus of Air Ral I Road (BAYSIDE BOROUGH). Deferred October 10, 1988 and April 10, 1989 Recommendation: FINAL APPROVAL b. Appl lcation of A. R. C., INC. for a Conditional Use Permit for a communications tower and equipment buildin@ 1400 feet more or less Northwest of the Intersection of Kernpsville Road and Centerville Turnplke, containing 5.92 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL c. Application of TAYLOR SALT AND CHEMICAL COMPANY for a Conditional Use Permit for a bulk storage yard on Lot 32, London Bridge Industrial Park 11, on the South side of Central Drive, 1450 feet West of London Bridge Road, containing 1.032 acres (LYNNHAVEN BOROUGH). Recommendation: APPRO"L d. Application of VEST AND SONS AUTO SALES, INC. for a Conditional Use Permit for an auto repair and body work facility on thA South side of Virginla Beach Boulevard, 325 feet West of First Colonial Rc)ad (1719 Virginia Beach Boulevard), containing 27,442.8 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL e. Application of TIDEWATER IMPORTS for a Conditional Use Permit for a car wash facility on the North side of Virglnia Beach Boulevard, beginning at a point 418.15 feet East of Cranston Lane, containing 32,670 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL f. Application of TALC ASSOCIATES for a C)onditional Use PerTnit for motor vehicle sales and rentals on the West side of Broad qadows Boulevard, 159.51 feet North of Newtown Road, containing 33,106 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL g . Appllcation of RICK G. and ANNE B. SPALENKA for a Conditional Use Pe rm I t f or reta I I sa I es o f q ard "n nd nursery suppl les on ut f -rowe the West side of Princess Anne Road S: h North 5 Koad (1057 Princess Anne Road), containing 3.74 acres (PUNGO BOROUGH). Recommendation: APPROVAL h. Appllcation of EDWIN and FRANCES NELSON for a Conditional Use Permit for a duplex on the South side of Indian River Road, 2850-feet East of Princess Road (1825 Indian River Road), containing 1.9 acres (PUNGO BOROUGH). Racommendation: DENIAL i. Application of DAVID M. LUSTIG for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires all lots created by subdivision to have direct access to a public street, located at 1605 Bluecher Court (LYNNHAVEN BOROUGH). Recommendation: DENIAL J. Application of JOSEPH NASSI for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision to meet all requirements of the Zoning Ordinance, at 8006 and 8008 Atlantic Avenue (LYNNHAVEN BOROUGH). Recommendation: DENIAL k. Application of ROBERT W. WOODHOUSE Ill for a Variance to Section 4.4(b) of the Subdivlsion Ordlnance which requires all lots created by subdlvlsion to meet all requirements of the Zoning Ordinance, on the East side of S. Woodside Lane, Southwest of the Intersection with Ad am Keeling Road (LYNNHAVEN BOROUGH). Recommendation: DENIAL J. APPOINTMENTS DEVELOP14ENT AUTHORITY PUBLIC LIBRARY BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT CITY COUNCIL SESSIONS CANCELLED SEPTEMBER 4, 1989 LABOR DAY SEPTEMBER 25, 1989 APTA CONFERENCE ROSH HASHANNAH: SEPTEMBER 30, 1989 (Not a scheduled Session) OCTOBER 9, 1989 YOM KIPPUR (Rescheduled to October 30, 1989) OCTOBER 16, 1989 VIRGINIA MUNICIPAL LEAGUE (Rescheduled to October 30, 1989) CITY COUNCIL SESSIONS RESCHEDULED OCTOBER 30, 1989 2:00 PM RESCHEDULE OF OCTOBER 9 and 16 Administrative/Planning Items Al I other Sessions wi I I be In accordance with the City Code cmd 8/23/89 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virglnla Beach, Virginia August 28, 1989 The CITY MANAGER'S BRIEFING to the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City liall, on Monday, August 28, 1989, at 4:00 P.M. Council Members Present: Albert W. Balko, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley Reba S. McClanan, John D. Moss, Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: John A. Baum (ENTERED: 4:10 P.M.) John L. Perry (ENTERED: 4:20 P.M.) - 2 - C I T Y M A N A G E R 'S B R I E F I N G VIRGINIA MARINE SCIENCE MSEUM 11:00 A.M. ITEM # 31702 C. Mac Rawls, Director of the Virginia Marine Science Museum, advised the City of Norfolk is building Nauticus, a $50- to $60-MILLION facility, planned for opening within the next five or six years. Hampton is building an air and space museum of approximately 100,000 square feet. Next month, the Mariner's Museum is opening an addition to its facility, the Chesapeake Bay llall. When this addition opens, the Marine Science Museum will no longer be the Museum with the most exhibits devoted to the Chesapeake Bay. The Master Plan for the expansion of the Museum entailed approximately a year to compile and involved members of City Council, individuals not associated with the Museum and the Virginia Marine Science Museum Foundation. Mac Rawls introduced those members of the Foundation in attendance: Mrs. Sarah Boyd - Chairman of the Exbibits Committee; Dean Lee - Trustee/President of Chamber of Commerce; and, Van Cunningham - President. C. Mac Rawls further introduced E. Verner Johnson, who was the design architect for the current facility and the architect for this Master Plan. E. Verner Johnson has designed more science museums throughout the Country than any other architect. He has an active practice in the United States, as well as oversees with two major museum projects in Hong Kong and one in New Zealand. E. Verner Johnson advised the concepts and the accomplishments of the Marine Science Museum have gained both a National and Tnternational reputation within the science museum community. It is being held up as a model for new science museums for the Twenty-first Century. The first step in the planning was to analyze the entire site. Tlie basic @laster Plan has a number of components: New South Building Salt Marsh Preserve New Northeast Building New North Building Expanded North and South Parking Lots. In concept, these components have been used to form an "end weighted" arrangement which weights the south and north ends of the site with new structures and establishes the Salt Marsh Preserve between them. The New South Building houses exhibits and programs which focus on the inhabitants and process of the estuarine marsh environment. The principal components of the New South Building encompass: Orientation Theatre Discovery Room River Otter Habitat The Aviary Micro-Tnsect Zoo Food Concession Area The Salt Marsh Preserve encompasses: Interpretive Trails Shuttle System Animal Habitats Observation Platforms and Blinds Observation Tower Erosion Council Facilities Woodland Clearing and Woodland Garden Osprey Platform - 3 - C I T Y M A N A G E R 'S B R I E F I N G VIRGINIA MARINE SCIENCE MUSEUM ITEM # 31702 (Continued) The New Northeast Building encompasses: Improvements to the Existing Facility Orientation Exhibit Gallery Marine Mammals Demonstration Area and Support Facilities The New North Building encompasses: Deep Ocean Exhibits Owls Creek Observation Gallery Sixty-six (66) new stalls will be installed at South Parking and seventy-five (75) new stalls at North Parking. Summary of Preliminary Project Budgets: New South Building $ 5,750,000 Salt Marsh Preserve 1,450,000 New Northeast Building 6,700,000 New North Building 10,750,000 South and North Parking Expansion 170,000 Renovation to Existing Building 750,000 TOTAL $25,570,000 (This encompasses an additional 75,000 square feet of indoor space.) The Operating Budget projected for the new facility is $2,950,000. Staffing costs represent 53%. The Operating Budget includes everything entailed in the operation of the facility. A 15% contingency (approximately $380,000) has been added to this Operating Budget. Visitation of 650,000 to 850,000, compared to the present 350,000, is expected. The existing visitation is limited basically because of four criteria: Lack of parking Size of existing facility Number of existing exhibits and programs Lack of food service When the Operating Revenues are projected, based on the attendance figure of 650,000 to 850,000, surpluses of approximately $1-MILLION to $2-MILLION are identified. A median figure of $1-1/2-MILLION could potentially finance a good portion of the capital cost of the project in terms of bonding. A combination of state, city and private funding sources are desired. - 4 - C I T Y M A N A G E R 'S B R I E F I N G VIRGINIA MARINE SCIENCE 14USEUM ITEM # 31702 (Continued) Mac Rawls will provide information relative the contribution from the State to the Newport News Mariners Museum and the Museum in Hampton. Mac Rawls advised the majority of the planning funds for the Norfolk project comes from a $3- MILLION allocation from the State. E. Verner Johnson advised Councilman Balko the expansion would most probably be a franchise operation rather than using City employees, as this has been successful in most Science Museums. The assumption is the Erosion Coramission will be relocated. The entrance to the parking lot will be changed with the General Booth Boulevard project. Verner Johnson advised it is strongly recommended the entire project be executed at one time. If the project must be phased, the recommendation is to build a South building in order to capture the parking and to be able to basically preserve the marsh. This would provide the outdoor space and have a significant attraction at this particular phase. Verner Johnson advised the City's current contribution of $300,000 per year was assumed, even though the facility was four times as large. The City Manager advised the cost of relocating the Erosion Commission would be provided. The Baltimore Aquarium will still be larger in terms of its overall square footage. However, Baltimore is 98% an aquarium. The Marine Science Museum is one-half marine science and one-half aquarium. This balance has not been duplicated in other areas of the Country. Thus the Marine Science Museum is unique in this concept. 5 IT EMS OF T HE C IT Y MANA GE R ITEM # 31703 The City Manager referenced the City Council, last year in examining the Capital Improvement Program and discussions within the Operating Budget, requested opportunities be examined in the new State Law, as it relates to the methodology the City might finance some highway projects. The City Staff has examined several approaches and the most favorable appears to be using a portion of the City's state road allocation for debt service. This is an alternative not available in the past. Participation in the program requires Council to approve a resolution. The City Staff has been working with VDOT since early Sumer and appears to have developed a strategy which meets their needs and concerns. A resolution, as required by law, will hopefully be brought forward as part of the CIP. ITEM # 31704 The City Manager distributed a letter of August 28, 1989, relative Operating Budget projects funded contingent upon receipt of adequate ending balances. The City Council funded certain Operating Budget projects and activities contingent upon projected year-ending balances. While completely final figures are not yet available, it is now certain the City will have sufficient funds to address those projects Council desired. The City Manager requested the Departments responsible proceed with acquisition and implementation of approved projects: Library Books $300,000 Fire Ladder Truck 450,000 Pavilion Roof Renovations 210,000 Additional Traffic Signals 274,000 Sixteen Patrol Officers and two Sergeants with support costs 805,000 Two Zoning Inspectors with support costs 62,000 Contracted Stormwater Piping and Driveway Renovation 202,000 Additional Marine Patrol Crew and Equipment 103,000 ITEM # 31705 The City Manager distributed a TENTATIVE COUNCIL CIP REVIEW SCHEDULE: Monday, September 11 Presentation of CIP to City Council Transmit CIP to Planning Commission September 11 - October 18 Planning Commission review and Public Hearing Recommendation to City Manager and City Council Monday, October 2 (Regular Meeting) WORKSHOP Monday, October 23 (Regular Meeting) WORKSHOP Sunday, October 29 Advertise for Public Hearing November 8, 1989, at Pavilion Sunday, November 5 Advertise for Public Hearing November 8, 1989, at Pavilion First ad required for Bond Authorization Hearing November 20, 1989, and CIP appropriation Wednesday, November 8 PUBLIC HEARING 7:00 P.M. - PAVILION THEATRE - 6 - IT EMS OF T HE C IT Y MANA GE R ITEM # 31705 (Continued) Sunday, November 12 Second ad required for Bond Authorization Hearing November 20, 1989, and CIP appropriation Monday, November 13 RECONCILIATION WORKSHOP (Regular Meeting) Monday, November 20 PUBLIC HEARING and FIRST READING (Regular Meeting) Monday, November 27 SECOND READING and ADOPTION (Regular Meeting) Councilman Moss sug-.ested the PUBLIC HEARING of November 8, 1989, should be held at a more cen tral location than the Pavilion, perhaps Princess Anne High School. The City Manager will investigate. Councilman Moss also requested a notice at the Public Library information desk indicating the CIP document is available within the Library for review. Councilman Balko advised the NATIONAL LEAGUE OF CITIES is SCHEDULED for November 25 - 29, 1989. Mayor Oberndorf, Council Members Parker, Sessoms and Balko will be attending. The City Council requested alternate dates be advised for the SECOND READING. The City Manager suggested December Fourth. Councilman Moss requested information be provided relative the issues brought forward in the previous Informal City Manager Public Workshops. Vice Mayor Fentress inquired relative a time frame for the renovation of the roof of the Pavilion. The City Manager advised details will be provided. ITEM # 31706 The City Manager distributed a newspaper article, which Councilman Heischober brought to his attention, from The Warren Record, Warrenton, North Carolina, entitled: "Pipeline Hurdle Cleared" relative Lake Gaston. ITEM # 31707 Due to the heavy rainfall, there has been considerable irritation with mosquitoes. The City used to spray just in the evening hours and on the weekdays. Now, the City sprays from 4:00 A.M. to 8:00 A.M. in the mornings as well as the evenings and the weekends. The City Manager was not positive this amount of spraying would satisfy the needs. The City Manager might have to investigate issues associated with aerial spraying operations. The Health Department is carefully monitoring the situation. ITEM # 31708 The City Manger referenced the Ordinance in the discontinuance, closure and abandonment of a portion of Bayside Road beginning at a point 500 feet more or less Southwest of the Northern terminus of Air Rail Road (BAYSIDE BOROUGH), in the petition of ROBERT J. RUHL, DEPARTMENT OF ECONOMIC DEVELOPMENT (See Item IV-I.2.a. PLANNING). Because of issues relative the closing of this particular property, the City Manager requested the DEFERRAL of this item until September 11, 1989. - 7 - C 0 N C E R N S 0 F T H E M A Y 0 R ITEM # 31709 Mayor Oberndorf distributed a copy of a letter from Mrs. Sandy Burson expressing concern relative the article in the August Twenty-third edition of the Ledger Star newspaper relative HUD (Said letter is hereby made a part of the record.). Mayor Oberndorf will respond to this correspondence and requested each of the Members of Council also reply. ITEM # 31710 Mayor Oberndorf extended the invitation of Mrs. Helen Shropshire, United Council of Civic Leagues, to the Members of City Council hoping they would come to the Beach to welcome the guests attending GREEKFEST. - 8 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 31711 Jerald Banagan, Real Estate Assessor, responded to City Council concerns relative his Memorandum concerning appraisal of a hotel. Councilwoman McClanan inquired as to the determination of the particular form of appraisal. Jerald Banagan advised there were three approaches of value all of which are incorporated into the appraisal. One line of approach in hotels for the City is a cost-less depreciation issue tempered by the amount of sales. Certainly when an appeal is performed, the City views income. Income is asked for every year as in other properties, i.e., the one line approach on office buildings. It is the appraisers job to correlate the three approaches. In this particular instance, the appraiser's value was much closer to income than the other approaches. The appraiser was hired as there was a problem. Jerald Banagan advised any hotel or motel owner could come forward and do the same thing. Jerald Banangan advised there was one hotel at the beach which was built with no oceanfront rooms, thus their income would not substantiate the typical construction costs. To this particular hotel, there have been three transfers of this piece of property. This particular hotel had been owned by a bank in Washington State. Jerald Banagan, advised this situation was not typical and the approach utilized on the typical hotels did not apply. The majority of appraisals are based on sales price and cost-less depreciation. TTEM # 31712 Councilman Baum referenced the BLACKWATER FLY SWATTERS from Councilman Balko. ITEM # 31713 Councilman Baum referenced the letter of August Twenty-third from the City Manager relative the Governor's extension by thirty days of the Public Comment period on the Chesapeake Bay Assistance Act. The Chesapeake Bay Local Assistance Board will consider whether farmers will be able to use the concept of equivalency in the provision of buffers around their fields. Also, the Board will be reviewing the septic tank requirements dealing with regular septic tank pump outs and whether a secondary drain field for each septic tank should be required. Councilman Baum advised the septic tank situation has a very adverse affect on the rural areas. Councilman Baum requested the Health Department, Louis E. Cullipher - Director of Agriculture and Bart Tuthill - Soil Scientist, investigate and formulate an appropriate reply. Installing a separate septic field just to be safe would necessitate additional acreage. Councilman Baum did not agree this item was of lesser concern. In the rural areas, same is a major concern. It should be proved these additional steps are necessary. Councilman Perry believed there should be standards. North Carolina has developed a septic tank system that works for far less than $1,000. The City Manager advised the desire is to have a workable system that precludes affluent from going into the tributaries of the Chesapeake Bay. The City Manager will have the response available at the City Council Meeting of September 11, 1989. ITEM # 31714 Councilman Moss referenced the funds spent on Electronic Mapping. Benefit should be derived by utilizing same on a flat screen display in the City Council Chamber. Councilman Moss said the maps related to the rezoning items require improvement. - 9 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 31715 Councilman Moss wished the issue of pedestrian crosswalks on the Boulevard be accelerated. Councilman Moss is aware of VDOT's position, but in view of public safety, feels said crosswalks are desirous. ITEM # 31716 Councilman Balko suggested one of the City cars be utilized as a test vehicle to run on propane, methane or other "cleaner burning" fuel. Numerous articles have been written relative cars of the future being powered by fuels other than gasoline. TTEM # 31717 Councilwoman Parker referenced the application of Bogie Dog, Inc., for a Variance from the on-site parking requirements of Section 203 of the City Zoning Ordinance. Assistant City Attorney William Macali advised the applicant was the long term leasee of the property which is on the southeastern corner of Cyprus and Nineteenth Street. zoned RT-3. There is now a vacant building on the property. The owner had desired to put a restaurant in this building Forty-seven (47) parking spaces would be required. The applicants were only able to provide thirty-six (36) parking spaces on the site. The applicants came forward with binding leases for an additional twenty-seven (27) spaces at the Wave Riding Vehicles building and Warings Gym; thus, making a total of sixty-three (63) spaces. On July 19, 1989, the Board of Zoning Appeals DENIED the Variance. The applicants appealed. On August 9, 1989, the Circuit Court reversed, upon conditions, the decision of the Board of Zoning Appeals. A Resolution requesting the Board of Zoning Appeals appeal a Decision of the Circuit Court to the Supreme Court of Virginia relative the application of Bogie Dog, Inc., shall be ADDED-ON under NEW BUSINESS. Vice Mayor Fentress requested the City Staff investigate the City Zoning Ordinance relative Hotels in the RT-1 Districts to determine whether same is correct. ITEM # 31718 Councilman Perry requested William Macali provide information relative all the conditions which one can grandfather a zoning on a piece of property. ITEM # 31719 Councilwoman Henley advised Virginia Power is proposing a Transmission Line and new Substation that will go from their Landstown Substation across West Neck and the West Neck Creek over to Pungo. Several months ago, Mrs. McClanan, Councilwoman Henley and staff members were made aware of their proposal as a courtesy. The information is just now being relayed to the Community. Virginia Power should work to conform with the City's Comprehensive Plan and perhaps would not require this kind of power source in this area. Councilwoman Henley's concern is Virginia Power might drive development into that area contrary to the City's Comprehensive Plan. Councilwoman Henley also expressed concern as to whether the substation proposed is a principal use or a conditional use. The sites under negotiation are under seven and nine acres respectively, both of which seem rather large. Councilwoman Henley advised Virginia Power seemed to be attempting to devise a more favorable location with some of the property owners for the Transmission Line; however, Virginia Power does not seem to be negotiating the Substation. The residents who are aware are from one small area. Virginia Power conducted a Public Meeting June 6 and 7, 1989, at Princess Anne Junior High School. Councilwoman Henley requested the City Attorney advise relative the City's position concerning matters of this nature. Acting City Attorney Kevin Cosgrove advised Councilman Baum, Virginia Power has powers of condemnation. - 10 - ITEM # 31720 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City 'iall Building, on Monday, August 28, 1989, at 5:40 P.M. Council Hembers Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Nancy K. Parker, John L. Perry, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Absent: None - 11 - TTEM # 31721 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of prospective candidates for appointment of specific public officers, appointees, or employees pursuant to Section 2.1-344(A)(1). (1) City Council appointed boards and commissions. Upon motion by Vice Mayor Fentress, seconded by Councilman Moss, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice @layor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 12 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL August 28, 1989 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, August 28, 1989, at 6:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Reverend Andrew J. MacBeth Eastern Shore Chapel (CELEBRATING 300th ANNIVERSARY) PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 13 - Item IV-D. RESOLUTION IN RECOGNITION ITEM # 31722 ADD-ON Mayor Oberndorf PRESENTED a RESOLUTION IN RECOGNITION to: E A S T E R N S H 0 R E C H A P E L This Resolution RECOGNIZED the 300th ANNIVERSARY of the EASTERN SHORE CHAPEL. While the actual date of the first Eastern Shore Chapel is in doubt, a court order of September 17, 1689, refers to its existence; however, it is thought to have had its origin at an earlier time. Through each of the four chapel buildings, love, commitrient, dedication and devotion have dwelled and prevailed. Reverend Andrew J. MacBeth ACCEPTED this Resolution. the histiar!j of America is xine cf a natij3n at Wlirk. People helping penple and jiaining tagether tn builb a better societb. the aedicatian and cxmmitment of the first settlers laia the faundatinn for a graming anb presperaus America. America was built upon inbivibual initiative, a cvmpetitive spirit and an intense pribe iv the achievements nf a new natil3n. : Virginia Beach has made her mark nn histarI3 with manb histnrical claims, one nf which is the EU@ SHORE which spans three centuries. Frnm its humble beginnings as a "Chapel nf Ease", serving settlers iin the eastern shore of the fbnnhaven River at the heab xif Malt Snare Creek in the fbnnhaven Parish tn its present Incatixin, it has been in cvntinuiaus service and the Citij af I)irginia Beach has grawn from its small beginnings txi the largest citg in the tjammnnwealth vf Virginia. B)hile the actual date of the first Eastern $hnre Chapel is in bxiubt, a caurt order af September 17, 1689, rgfers txi its existence; hawever, it is thiaught to have bab its origin at an earlier time. In 1724, Joel Cnrnick bxinated the lanb for thg secnnb 'Fastern Shnre Chapel frxim a pxirtinn nf the alb %alisburb lllains Plantatinn. In 1754, ithe Chapel became a large brick caltinial church which served the congregatian fiar nearl@ twxi hundred !Iears. Eastern Share Chapgl survived the Revnlutionarg War, the revrganizatijan anb the transfer nf supervisign from thg Church of England tn the New Protestant Fpiscapal Church as well as the Mar Between the States. Crowth anb expansion laf the Oceana Naval Air Statian, in the earlg 1950's, necessitated a nwve txi the present site. Chis was a genercus gift bB Ii. C. .$mither and his baughtgr, Hglen $mither Eager. Mang ct the minbows, dnar frames, pews, stairma@ to the gallerg and the crnss xin tap of the Chapel were Invin.GIB =ved frnm the previous (third) Chapel ta insure that thp architectural stgle was maintained. Che first service in the new building was April 18, 1954; ana, : Zhe Chapel is rich in histarI3 anb traditinn. Che pexiple make the church. through each af the fxiur chapel buildings, Iiive, cnmmitment, bebicatiian and. deviatixin have bwelled anh prevaileb. NOR, tl@OU, BE IC UMFM-- the I)irginia Bearh Cit2 Cnuncil rectigni?es: I E A .1 9 E R x % 0 0 R E c n A p E f fiar its contribution to the histarg, tradition anb griamth af I)irginia Beach in tribute to thnse wha have serveb, wha are serving tadab and wha will carrg these values into tnmarrow. Given under mg hand anb seal this TwentB-eighth baB jaf August, Nineteen Hunbred and rightg- Nine. ma!jor - 14 - Item TV-D.l. CERTIFTCATION OF EXECUTIVE SESSION TTEM # 31723 Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council ADOPTED: CERTIFTCATION OF EXECUTIVE SESSTON 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 this Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent; None CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. MOTION; Upon motion by Vice Mayor Fentress, seconded by Councilman Moss, City Council voted to proceed into EXECUTIVE SESSION to consider: 1. PERSONNEL MATRERS: Discussion or consideration of prospective candidates for appointment of specific public officers, appointees, or employees pursuant to Section 2.1-344(A)(1). (1) City Council appointed boards and commissions. VOTE: 11-0 Council Members Voting AYE- Council Members Voting NAY; Albert W. Balko, John A. Baum, Vice Mayor Robert E. None Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Sr. Council Members ABSTAINING: Council Members ABSENT for the Vote: None None Council Members ABSENT for the Meeting: None -Kuth Hodges-Smith, CMC/AAE ,City Clerk - 15 - Item IV-E.I. MINUTES ITEM # 31724 Upon motion by Councilman Fentress, seconded by Councilman Heischober, City Council APPROVED the Minutes of the INFORMAL & FORMAL SESSIONS of August 21, 1989. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, !4ayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 16 - Item IV-F.I. CITY MANAGER'S PRESENTATION SOUTHEASTERN VIRGINIA ITEM # 31725 EXPRESSWAY C. Oral Lambert, Jr. , Director of Public Works, introduced Jim Cleveland, District Office, Virginia Department of Transportation. Jim Cleveland advised the scheduled dates relative the Planning Review Process and Public Hearings: PLANNING REVIEW: VIRGINIA BEACH PAVILION September 11 and 12 12:00 NOON to 8:00 P.M. CHESAPEAKE HOLIDAY INN September 18 and 19 12:00 NOON to 8:00 P.M. PUBLIC HEARINGS VIRGINIA BEACH PAVILION September 25 and 26 2:00 P.M. to 9:00 P.M. CHESAPEAKE HOLIDAY INN September 27 and 28 2:00 P.M. to 9:00 P.M. Newsletters with this SCHEDULE will be forwarded to all individuals contained in the State's mailing list. This SCHEDULE will also be posted be in the local newspapers. Citizens who wish to present comments and suggestions at the Public Hearing should call: 463-4630. Times will be scheduled for individual comments, which will be limited to five minutes. There will be a separate room with a video presentation relating details of the SOUTHEASTERN EXPRESSWAY. Maps, drawings and the Draft EIS document will be available. City Council Members are requested to attend the PLANNING REVIEW and PUBLIC HEARING SESSIONS. The PLANNING REVLEW SESSIONS are informal with the Consultant available to discuss the proposal with individual citizens on a one-to-one basis. The PUBLIC HEARING SESSIONS entail comments from interested citizens and will be recorded and transcribed into a document for public viewing and City Council review. Mayor Oberndorf advised September 11 and 18, 1989, were regularly scheduled Virginia Beach City Council Sessions. - 17 - Item IV-G.I. RESOLUTION/ORDINANCE ITEM # 31726 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council ADOPTED: Resolution providing for the distribution of a Preliminary Official Statement and an Offering Circular in codnection with the issuance and sale of $40,210,000 General Obligation Public Improvement Bonds, Series of 1989A, and $2,000,000 General Obligation Public Improvement Bonds, Series of 1989B (Capital Appreciation Minibonds), of the City of Virginia Beach, Virginia. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None I RESOLUTION PROVIDING FOR THE DISTRIBUTION 2 OF A PRELIMINARY OFFICIAL STATEMENT AND AN 3 OFFERING CIRCULAR IN CONNECTION WITH THE 4 ISSUANCE AND SALE OF $40,210,000 GENERAL 5 OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 6 OF 1989A, AND $2,000,000 GENERAL PUBLIC 7 IMPROVEMENT BONDS, SERIES OF 1989B (CAPI- 8 TAL APPRECIATION MINIBONDS), OF THE CITY 9 OF VIRGINIA BEACH, VIRGINIA 10 WHEREAS, the issuance of $32,310,000 bonds of the City 11 of Virginia Beach, Virginia (the City), was authorized by an 12 ordinance adopted by Council on August 28, 1986, and approved by 13 the qualified voters of the City at an election held on November 14 4, 1986, to finance continuing development of the City's school 15 system, $29,400,000 of which bonds have been sold; and 16 WHEREAS, the issuance of $40,000,000 bonds of the City 17 was authorized by an ordinance adopted by the Council on August 28, 18 1986, and approved by the qualified voters of the City at an 19 election held on November 4, 1986, to finance continuing 20 development of the City's street and highway system, $17,150,000 21 of which bonds have been sold; and 22 WHEREAS, the issuance of $32,850,000 bonds of th6 City 23 was authorized by an ordinance adopted by the Council on August 17, 24 1987, and approved by the qualified voters of the City at an 25 election held on November 3, 1987, to finance the acquisition, 26 construction, improvement, renovation and equipping of community 27 recreational facilities, $5,000,000 of which b.onds have been sold; 28 and 29 WHEREAS, the issuance of $26,300,000 bonds of the City 30 was authorized by an ordinance adopted by the Council on December 31 19, 1988, without being submitted to the qualified voters of the 32 City, for various public improvement purposes, none of which bonds 33 have been issued and sold; 34 WHEREAS, it has been recommended to the Council by 35 representatives of Government Finance Associates, Inc. and 36 Goverriment Finance Research Center (the Financial Advisors) that 37 the City issue and sell, as a single issue of general obligation 38 public improvement bonds, $2,910,000 of the bonds for schools, 39 $4,000,000 of the bonds for streets and highways, $7,000,000 of the 40 bonds for community centers, and $26,300,000 of the bonds for 41 various public improvements (the Series 1989A Bonds) , and issue and 42 sell, as a single issue of general obligation public improvement 43 bonds (capital appreciation minibonds) $2,000,000 of the bonds 44 authorized for streets and highways (the Series 1989B Bonds); and 45 WHEREAS, there has been presented to this meeting a 46 printer's proof dated August 23, 1989, of a Preliminary official 47 Statement (the Preliminary official Statement), relating to the 48 issuance of the Series of 1989A Bonds and the Series of 1989B Bonds 49 and a draft dated August 23, 1989, of an offering Circular (the 50 Offering Circular), relating to the issuance of the Series of 1989B 51 Bonds; 52 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 53 BEACH, VIRGINIA, that the Preliminary Official Statement and the 54 Offering Circular which are hereby approved for printing and 55 distribution to prospective purchasers of the Series 1989A Bonds 56 and the Series 1989B Bonds, and shall be in substantially the forms 57 submitted to this meeting, with such completions, omissions, 58 insertions and changes as the Assistant City Manager for 59 Administration, upon consultation with such persons as he 60 determines, including the Financial Advisors, considers to be in 61 the best interest of the City in the sale of the Series 1989A Bonds 62 and the Series 1989B Bonds. 63 Adopted by the Council of the City of Virginia Beach, 64 Virginia, on the 28 day of August 1989. 65 08/24/89 66 minibond.ord APROVED AS TO CONTENTS 31rNATURE DEPARTI-AENT APPROVED AS TO LEGAL Item IV-G.2. RESOLUTION/ORDINANCE ITEM # 31727 Upon motion Councilman Heischober, seconded by Vice Mayor Fentress, City Council APPROVED, upon FIRST READING: Amendment to Ordinance (adopted December 12, 1988) authorizing the issuance of General Obligation Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $26,300,000 for various public facilities and general improvements. Voting: 11-0 Council Members Votin-. Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Ileischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None I AMENDMENT TO ORDINANCE AUTHORIZING 2 THE ISSUANCE OF GENERAL OBLIGATION BONDS 3 OF THE CITY OF VIRGINIA BEACH, VIRGINIA, 4 IN THE MAXIMUM @40UNT OF $26,300,000 5 FOR VARIOUS PUBLIC FACILITIES 6 AND GENERAL IMPROVEMENTS 7 WHEREAS, the Council of the City of Virginia Beach, 8 Virginia (the City), by an ordinance adopted on December 19, 1988, 9 (the ordinance), authorized the issuance of general obligation 10 public improvement bonds in the maximum amount of $26,300,000 to 11 finance certain projects, in the amounts set forth therein; and 12 WHEREAS, the city desires to amend the ordinance to 13 reallocate the maximum amount of $26,300,000 among the projects set 14 forth therein; 15 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 1. The Ordinance is amended to provide that the public 18 improvement bonds of the City, be issued in the maximum amount of 19 $26,300,000, and be used to provide funds, together with other 20 funds that may be available, in amounts, reallocated among the 21 purposes set forth in the Ordinance as follows: 22 School projects, including site $8,499,925 23 and improvements, planning, design, 24 construction, renovation, expansion, 25 equipping and furnishing of schools 26 and related facilities. 27 Engineering and highway projects, 9,437,976 28 including site acquisition and 29 improvements, design, planning, 30 construction, improvement, replacement, 31 expansion and extension of streets, 32 highways and bridges. 33 Drainage projects, including dredging 1,638,858 34 the Eastern Branch of the Lynnhaven 35 River. 36 Building projects, including site 6,723,241 37 acquisition and improvements, design, 38 planning, construction, improvements, 39 renovation, expansion, equipping and 40 furnishing of the Kempsville Public 41 Safety and Library Services facilities, 42 and the Correction Center. 43 $26,300,000 44 Aiiy amount not needed for any of such purposes may be 45 used for any other of such purposes. The bonds may be issued as 46 a separate issue or combined with bonds authorized for other 47 purposes and sold as part of a combined issues of public 48 improvement bonds. 49 2. All ordinances or parts of ordinances in conflict 50 herewith are repealed. 51 3. This Ordinance shall take effect immediately. 52 Adopted by the Council of the City of Virginia Beach, 53 Virginia, on the day of 1989. 54 55 08/23/89 56 bondamen.ord FIRST READING: August 28, 1989 AIF - 19 - Item IV-1. CONSENT AGENDA ITEM # 31728 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council APPROVED in ONE MOTION Ttems 2, 3, 4, 5, 6 and 7 of the CONSENT AGENDA. Item I was pulled for a separate vote. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan", John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry*" and William D. Sessoms, Jr. louncil Members Voting Nay: u None Council Members Abstaining: Vice Mayor Fentress and Councilman fleischober VERBAILY ABSTAINED on Item IV-H.5 as they are on the Board of the Virginia Beach Events, Unlimited (formerly Neptune Festival). Councilman Perry VERBALLY ABSTAINED on Item IV-H.5 as he did not have enough information to fully understand the application Council Members Absent: None *Councilwoman McClanan voted a VERBAL NAY on Item IV-H.5 **Verbal Aye - 20 - Item IV-H.1 CONSENT AGENDA ITEM # 31729 Russell Talley, 603-20th Street, Phone: 425-7554, the applicant, advised louncilwoman Parker, the garage is attached to the back of the house. The I Swift garage will be torn down and replaced with a two-story 1,672 square foot addition and will be utilized as a part of his own personal dwelling. Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council ADOPTED: Resolution authorizing the enlargement of the nonconforming use and structure at 603 20th Street, property of Joy and Russell Talley. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 RESOLUTION AUTHORIZING THE ENLARGE- 2 MENT OF THE NONCONFORMING USE AND 3 STRUCTURE LOCATED AT 603 20th 4 STREET; PROPERTY OF JOY AND RUSSELL 5 TALLEY, WIFE AND HUSBAND 6 WHEREAS, Joy Talley and Russell Talley, wife and 7 husband, (hereinaf ter the "Applicants") desire to remove a 692 8 square foot section from their existing one-story, 1,885 square 9 foot single family dwelling. The aforesaid 692 square foot 10 section currently contains a garage and family room, and is 11 designated as "EXISTING" on that certain drawing attached hereto 12 and made a part hereof as Exhibit IIA;ll and 13 WHEREAS, the Applicants desire to replace said 692 14 square foot section with a two-story 1,672 square foot addition 15 containing a garage on the first level and a bedroom on the second 16 level and designated as "PROPOSED" on the aforesaid drawing 17 attached hereto as Exhibit IIA;ll and 18 WHEREAS, the present use does not conform to the 19 provisions of the City Zoning ordinance because single family 20 homes are not permitted in the RT-3 Resort Tourist District; and 21 WHEREAS, pursuant to section 105(d) of the City Zoning 22 ordinance, City Council may authorize the enlargement or extension 23 of a nonconforming use if Council finds that the use as enlarged 24 or extended is equally appropriate or more appropriate to the 25 zoning district than is the existing nonconformity. 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 27 CITY OF VIRGINIA BEACH, VIRGINIA: 28 That City council hereby finds the enlargement or 29 extension of the nonconforming residential dwelling located at 603 30 20th Street, Virginia Beach, Virginia, as shown on the attached 31 Exhibit "A,ll is equally appropriate or more appropriate to the 32 zoning district in which they are located than is the existing 33 nonconformity; and the City Council hereby authorizes the 34 enlargement or extension of the nonconforming use in the manner 35 shown on the attached Exhibit "A," provided extension of the use 36 complies with all building, site plan and other requirements of 37 the City of Virginia Beach. 38 Adopted by the Council of the City of Virginia Beach, 39 Virginia, on the 28 day of August 1989. 40 GLF/RCP/Imt 41 08/21/89 42 CA-03442 43 \ordin\noncode\talley.res APPROVED AS-TO CONTEIITS 516NATURE @l@ D"@TMEN r APPROVED A.S T-@ LECAL SUFFICIENCY At 4.z4l ATTO@@ P-2 2 - 21 - Item IV-H.2 CONSENT AGENDA ITEM # 31730 Upon motion by Vice ilayor Fentress, seconded by Councilman Balko, City Council ADOPTED: Ordinance to authorize acquisition of property in fee simple for right-of-way for Independence Boulevard, Phase IIA-2, and the acquisition of temporary and perinanent easements of right-of-way, either by agreement or condemnation. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry" and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF 2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR 3 INDEPENDENCE BOULEVARD PHASE IIA-2 AND THE 4 ACQUISITION OF TEMPORARY AND PERMANENT 5 EASEMENTS OF RIGHT OF WAY, EITHER BY 6 AGREEMENT OR CONDEMNATION 7 8 WHEREAS, in the opinion of the Council of the City of 9 Virginia Beach, Virginia, a public necessity exists for the 10 construction of this important roadway to provide transportation 11 and for other public purposes for the preservation of the safety, 12 health, peace, good order, comfort, convenience, and for the 13 welfare of the people in the City of Virginia Beach: 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 Section 1. That the City Attorney is hereby authorized and 17 directed to acquire by purchase or condemnation pursuant to 18 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1- 19 89, et seq., Code of Virginia of 1950, as amended, all that 20 certain real property in fee simple, including temporary and 21 permanent easements of right of way as shown on the plans 22 entitled "INDEPENDENCE BLVD. PHASE IIA-2 C.I.P. 2-091,11 these 23 plans being on file in the Office of R6al Estate Department of 24 Public Works, Virginia Beach, Virginia. 25 Section 2. That the City Attorney is hereby authorized to 26 .,make or caused to be made on behalf of the City of Virginia 27 Beach, to the extent that funds are available, a reasonable offer 28 to the owners or persons having an interest in said lands; if 29 refused, the City Attorney is hereby authorized to institute 30 proceedings to condemn said property. 31 That an emergency is hereby declared to exist and this 32 ordinance shall be in force and effect from the date of its 33 adoption. 34 Adopted by the council of the City of Virginia Beach, August 19 89 35 Virginia, on the 28 day of 36 37 38 39 40 41 42 43 44 45 46 JAR/ih 47 CA-3415 48 \ordin\noncode\IBIIA-2.ord CC)NiL-,I@ P.E DEPA,,Tt@AEt,'T S TG)LEGAL @Rt,A O;INCY R-5D R-5D INDEPENDENCE BLVD. PHASE IIA-2 lb.I.P. 2-091 R-5D R-SD RIIO R7[0 PD-HG (P-1) - 22 - Item IV-H.3 CONSENT AGENDA ITEM # 31731 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council ADOPTED, upon SECOND READING : Ordinance to ACCEPT and APPROPRIATE a $112,500 Grant from the Commonwealth of Virginia Department of Housing and Community Development for a Homeless Intervention Program. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry* and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None ORDINANCE TO APPROPRIATE $112,500 IN SHARE - IIOMELESS INTERVENTION FUNDS WHEREAS, the Commonwealth of Virginia, Department of Housing and Community Development has notified the City of an award of $112,500 in SHARE - Homeless Intervention Program funds, and WHEREAS, assistance is needed to effectively and adequately address the housing needs of homeless persons and to help prevent homelessness in the City of Virginia Beach; and WHEREAS, the Department of Housing and Neighborhood Preservation can carry out the program for which funds are appropriated, and WHEREAS, Aubrey V. Watts, Jr., City Manager can act on behalf of the City of Virginia Beach, Virginia and will sign all necessary documents required to complete the grant transaction. NOW, THEREFORE, BE IT ORDAINED THAT the Council of the City of Virginia Beacb, Virginia hereby appropriates $112,500 for the purposes of carrying out a Homeless Intervention Program, AND BE IT FURTHER ORDAINED that the City Manager is authorized to accept the grant and enter into a Grant Agreement with the State Department of Housing and Community Development and perform any and all responsibilities in relation to such Agreement. Adopted by Council this 28 day of August 1989. APPROVED AS TO CONTENTS: Mar@ I. Ustic @ector Depard6ent of Housing and Community Development APPROVED AS TO FORM: s- @i y Attorn - 23 - Item IV-H.4 CONSENT AGENDA ITFM # 31732 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council ADOPTED, upon SECOND READING : Ordinance to ACCEPT and APPROPRIATE $2,590 in additional state aid funds into the Department of Libraries FY 1989-1990 Operating Budget. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry* and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $2,590 IN ADDITIONAL STATE AID FUNDS INTO THE 3 DEPARTMENT OF LIBRARIES FY 89-90 OPERATING BUDGET 4 WHEREAS, the Commonwealth provides annual funding 5 6 assistance to public libraries for the purpose of acquiring books 7 and related materials; 8 WHERELS, dilring the preparation of the Py 89-90 operating 9 budget, the anticipated state aid revenue was estimated to be 10 $255,000 and was appropriated into the Library Department's 11 operating budget; 12 WHEREAS, the Virginia State Library Department has notified 13 the city that state aid funds in the amount of $257,590 will be 14 available for the FY 1989-90; 15 WHEREAS, the amount of approved FY 1989-90 available state aid 16 exceeds the FY 1989-90 revenue estimate by $2,590. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA that funds in the amount of $2,590 be 19 added to the FY 1989-00 operating budget of the Library Department 20 with a corresponding increase in estimated revenues. 21 This ordinance shall be effective from the date of its 22 adoption. 23 Adopted by the Council of the City of Virginia Beach, 24 Virginia on the 28 day of August 1989. 25 First Reading: August 21, 1989 26 Second Reading: August 28, 1989 27 MLS/ORD-12A - 24 - Item IV-H.5 CONSENT AGENDA ITEM # 31733 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council APPROVED, upon FIRST READINC: Ordinance to TRANSFER $50,000 for a loan to Neptune Festival/Ocean Occasions for a "First Night" Performing Arts Celebration. Voting: 7-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan* Council Members Abstaining: Vice Mayor Robert E. Fentress, Harold Heischober and John L. Perry Council Members Absent: None *Verbal Nay Vice Mayor Fentress and Councilman Heischober VERBALLY ABSTAINED as they are on the Board of the Virginia Beach Events, Unlimited (formerly Neptune Festival). "Councilman Perry VERBALLY ABSTAINED as he did not have enough information to fully understand the application THIS ORDINANCE WAS INADVERTENTLY LISTED AS A FIRST READING. TRANSFERS REQUIRE ONLY ONE READING; THEREFORE, THIS ORDINANCE WAS ACTUALLY ADOPTED ON AUGUST 28, 1989. 2 AN ORDINANCE TO TRANSFER $50,000 FOR A LOAN TO 3 NEPTUNE FESTIVAL/OCEAN OCCASIONS FOR A 4 "FIRST NIGHT" PERFORMING ARTS CELEBRATION 5 6 7 8 WHEREAS, there has been an interest in providing a performing 9 arts celebration for Virginia Beach residents and visitors as a New 10 Year's Eve entertainment alternative, and 11 12 WHEREAS, Virginia Beach Neptune Festival/Ocean Occasions has 13 undertaken to organize such a festival for the night of December 14 31 each year, to begin with December 31, 1989 , and 15 16 WHEREAS, Ocean Occasions, Inc. has requested a $50,000 one- 17 time, repayable loan from the city f or the start up of such an 18 annual festival, 19 20 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA, that funds in the amount of $50,000 be 22 transferred from the Reserve for Contingencies for a one-time loan 23 to Virginia Beach Neptune Festival/Ocean occasions to plan and 24 carry out a "First Night" performing arts festival. 25 26 This ordinance shall be effective from the date of its 27 adoption. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia 30 on the 28 day of August 1989. 31 32 First Reading ftx 33 Second Reading- @1'rKUVEDASTOCC,N.-[,.Iqi,S @IC,14ATUI,l APPRC,'VFD AS, T(),'.'ZGAL SUFFICIFI'4CY AND FC)RM - 25 - Item IV-H.6 CONSENT AGENDA ITEM # 31734 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council: AUTHORIZED the City Manager to designate Fire Chief Harry E. Diezel as the Emergency Management Coordinator. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry" and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 26 - Ttem IV-H.7 CONSENT AGENDA ITEM # 31735 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council APPROVED: LOW BIDS: NORTH STAR CORPORATTON Rudee Inlet Bulkhead $201,045.00 (CIP 2-018) ORDWAY CONSTRUCTION Larkspur Contract 11 $698,741.00 COMPANY (CIP 5-013 & 6-945) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. @loss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry* and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 27 - Item IV-I.1 PUBLIC HEARING PLANNING ITEM # 31736 Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. PLANNING - DEFERRED (a) MURRAY WHOLESALE DRUG CORPORATION CONDITIONAL ZONING 2. PLANNING (a) ROBERT J. RUBL, STREET CLOSURE DEPARTMENT OF ECONOMIC DEVELOPMENT (b) A.R.C., INC. CONDITIONAL USE PERMIT (c) TAYLOR SALT AND CAL COMPANY CONDITIONAL USE PERMIT (d) VEST AND SONS AUTO SALES, INC. CONDIT10NAL USE PERMIT (e) TIDEWATER IMPORTS CONDITIONAL USE PERMIT (f) TALC ASSOCIATES CONDITIONAL USE PERMIT (g) RICK G. AND ANNE B. SPALENKA CONDITIONAL USE PERMIT (h) EDWIN AND FRANCES NELSON CONDITIONAL USE PERMIT (i) DAVID M. LUSTIG VARIANCE (j) JOSEPH NASSI VARIANCE (k) ROBERT W. WOODHOUSE III VARIANCE - 28 - Item IV-I.I. PUBLIC HEARING PLANNING - DEFERRED ITEM # 31737 The following spoke in SUPPORT: Edwin C. Waitzer, 1216 Llewellyan Avenue, Phone: 340-1806, advised the building had been reduced to approximately 34,000 square feet with two stories and advised he will substantially adhere to the architectural rendering. Laura A. Burden, 4353 Bonney Road, Phone: 340-3492, owners of property applicant wishes to purchase. The following spoke in OPPOSITION: Ronald Moorman, 4359 South Fir Court, Phone: 486-8420, Cathleen Ritzo, 149 South Fir Avenue, Phone: 463-5915 Carlo Joseph DiGiovanni, 208 South Fir Avenue, Phone: 340-4829 Nathan Scott, 180 South Fir Avenue, Phone: 463-1598 A MOTION was made by Councilman Moss, seconded by Councilwoman Parker to DENY application of MURRAY WHOLESALE DRUG CORPORATION for Conditional Zoning Classification from R-7.5 Residential District to 0-1 Office District on Lot 29, Thalia Village (4353 Bonney Road), containing 3.0239 acres (KEMPSVILLE BOROUGH). Upon SUBSTITUTE MOTION by Councilman Perry, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of MURRAY WHOLESALE DRUG CORPORATION for a Conditional Zoning Classification: ORDINANCE UPON APPLICATION OF MURRAY WHOLESALE DRUG CORPORATION FOR A CONDITIONAL ZONING CLASSIFTCATION FROM R-7.5 to 0-1 Z08891256 BE IT HEREBY ORDATNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Murray Wholesale Drug Corporation for a Conditional Zoning Classification from R-7.5 Residential District to 0-1 Office District on Lot 29, Thalia Village. Said parcel is lcoated at 4353 Bonney Road and contains 3.0236 acres. More detailed information is available in the Department of Planing. KEMPSVTLLE BOROUGH. The following conditions shall be required: 1. Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the proceedings. 2. The applicant has proffered he will substantially adhere to the architectural rendering exhibited at the City Council Meeting of August 28, 1989. The architectural rendering is hereby made a part of the proceedings This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- eighth Day of August, Nineteen Hundred and Eighty-nine. - 29 - Item IV-I.I. PUBLIC HEARING PLANNING - DEFERRED ITEM # 31737 (Continued) Voting: 6-5 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None MURRAY WHOLESALE DRUG CORPORATION, a Virginia Stock Corporation, et al. THURLIAN BURDEN, et ux., et al. LAURA A BURDEN, eE-vi-r., Et- a-r. TO: (COVENANTS AND CONDITIONS CITY OF VIRGINIA BE@CH, a Municipal Corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 7 th day Of A.Ugust 1989, by and between MURRAY W[IOLESALE DRUG CORPORATION, a Virginia Stock Corporation, THURLIAN BURDEN and LAURA A. BURDEN, husband and wife, "Grantor", of the one part, and CITY OF VIRGINIA BEACII, a Municipal Corporation of the Commonwealth of Virginia, Grantee, of the other part; WITNESSETH THAT: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition of the Grantor addressed to the Grantee, so as to rezone the Grantor's property from R-7.5 Residential District to 0-1 Office District, on certain property located at 4353 Bonney Road, containing 3.0239 acres, more or less, in Kempsville Borough, in the City of Virginia Beach, Virginia; said property being referred to hereinafter as "the property," and being shown as Parcel One 3.0239 Acres on the plat attached hereto entitled "Subdivision of Property of Thurlian Burden Located on South Side of Bonney Road at Thalia Creek, Kempsville Borough-Virginia Beach, Virginia," dated November 21, 1988, made by W. P. Large, Inc.; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including office purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that in order to recognize the effects of change, and the need for various types of uses, including office uses, certain reasonable conditions governing the use of the property for the protection of the community that are not generally applicable to land in the 0-1 zoning classification are needed to cope with the situation which the Grantor's proposed developmdnt gives rise to; and WHEREAS, the Grantor has 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 in the 0-1 zoning district or zone by the existing over-all zoning ordinances, the following reasonable conditions related to the physical development and operation of the property to be adopted as a part of said amendment to the new Zoning Map relative to the property described above, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning and proposed development; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the zoning ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning.ordinance, unless, notwith- standing the foregoing, these conditions are 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 subject property at the time of recordation of such instrument; provided, further, 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, after a public hearing before the Grantee advertised pursuant.to the provisions of Code of Virginia, 2 section 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent; NOW, THEPTFORE, the Grantor, for themselves, their heirs, personal, representatives, assigns, grantees, and other successors in title or interest, voluntarily and L without any requirement by or exaction froin the Grantee or its governing'body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions as to the physical development and operation of the subject property and governing the use thereof and hereby covenants and agrees that this declaration shall constitute covenants. running with the said property, which shall be binding upon the property and upon all parties and persons claiming under or through the Grantor, their heirs, personal representa- tives, assigns, grantees and other successors in interest or title, namely: The following shall be substantially adhered to; however, further conditions may be required by the Grantee during detailed site plan review and administration of applicable city codes by all cognizant city agencies and departments, including the city arborist, to meet all applicable city code requirements: There shall be a permanent and perpetual natural and undisturbed buffer of trees and other natural vegetation along a 251 strip separating the property from the R-7.5 Residential District to the east and south of the property which shall be used only for the installation and maintenance of utilities and shall otherwise remain natural and undisturbed and provide a natural buffer and screen between the improvements on the property and the R-7.5 Residential District to the east and south thereof. 3 There shall be effective installation of erosion and sediment control measures during site work and subsequent construction activity, coupled with proper maintenance until the cleared portion of the site is vegetated in order to help alleviate siltation impacts to the Lynnhaven River drainage basin. Low maintenance storm water retention/detention measures and other nonpoint source controls or best management practices (BMP's) shall be utilized to minimize pesticides, herbicides, fertilizer, oil and grease entering waterways tributary to the western brancb of the Lynnhaven River. Site plans shall be. de!SSigned to take storm water management into consideration from a water quality perspective. At a minimum, plans incorporating retention/detention basins and other urban BMP's such as rooftop runoff disposal, parking lot storage, driveway grid pavers, infiltration pits and t@enches, filter strips in seepage areas, and porous asphalt.pavement shall be components of the site plan design of the property. The site plan prepared by Ivy-Wall, Ltd., Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, shall be substantially adhered to so that there shall be a coordinated .development of the site in terms of pari@ing layout, access and traffic control and circulation within the site and access to and ingress and egress from Bonney Road reasonably acceptable to traffic engineering. No building or other structure on the property shall exceed two (2) stories in height. All tidal wetlands located. on the site shall be left in their natural state. All interior lot lines shall be vacated. It is recognized that further conditions may be required during the administration of applicable City ordinances and tbat there will be detai led site plat review 4 to meet all applicable city codes, and that further conditions may be required during the administration of applicable city ordinances. ,Existing-trees shall remain along the two boundaries indicated above next to the R-7.5 Residential Districts. All references hereinabove to requirements and regulations applicable thereto refer to the Comprehensive .Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of August 7, 1989, which is by this reference incorporated herein. The Grantor covenants and agrees that (1) the zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beacb, Virginia, to administer and enforce the foregoing condi- tions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appro- priate action, suit or proceedings; (2) the failure to meet all conditions shall constitute ca-use 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 pursua nt to the provisions, the Grantor shall petition to 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 zonin@ of the subject property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Departm6nt and that they shall be recorded.in the:,Clerk's Office'of the Circuit Court of the 5 City of Virginia Beach, Virginia, and indexed in the name of the Grantor and Grantee. WITNESS the following signatures and seals. MURRAY WHOLE.SALE DRUG CO@PORATION, A Virginia on By: R$ cha4qAe." Yqait@er, Vice- Presi&ent la@EAL)_ Tlfurlian Burde @@a A. Butden STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: a Notary Public for the State ot virg3.n3.'a at Large,=o hereby certify that Richard M. Waitzer, Vice President of Murray Wholesale Drug Corporation, whose name is signed on behalf of the Grantor to the foregoing instrument bearing date on the 7th day of August, 1989, has acknowledged the same before me in the city and state aforesaid. Given under my hand this 7tb day of AU(Tust 1989. Notary PLtblic My commission expires: STATE OF VIRGINIA CITY OF VIRGINI@EACHI, to-wit: IA) r, .1 a Notary Public for the State of Virginia at Large, do hereby certify that Thurlian Burden and Laura A. Burden, whose names are signed on behalf of the Grantor to the foregoing instrument bearing date on the 7 Lh 'day of@ , 1989, have and each has acknowledged the same befbre me in the city and state aforesaid. Given under my hand this /,grl-,,ay of 1989. otary Public My commission expires: ,3 6 2 rL ui oc 0 U) oc Ww -j w 0 ci LU 2 U 0 w b ct 1- LU ce U) LU @ 0 U) 4 a , (3 - w @ 0) 2 w Ct-0 oc z z i z a - I z 4L) 4 @ 0 Z) 0 r, 6 5: L)@ 0 LL 2 r, 1- 0 0 r.) @< m b 0 -W 0 . -cm mw 0 m T. 0 NI 0 a 0. 0 0 1- @Ll I-C 0. M - moi I 0 cc LLI z z 0 C(i LLI - 30 - Item 1V-I.2.a. PUBLIC HEARING PLANNING ITEM # 31738 Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council DEFERRED for compliance of conditions until the City Council Meeting of September 11, 1989, an Ordinance for the discontinuance, closure and abandonment of a portion of Bayside Road beginning at a point 500 feet more or less Southwest of the Northern terminus of Air Rail Road, in the petition of ROBERT J. RUHL/DEPARTMENT OF ECONOMIC DEVELOPMENT. Application of Robert J. Ruhl, Department of Economic Development, for the discontinuance, closure and abandonment of a portion of Bayside Road beginning at a point 500 feet more or less southwest of the northern terminus of Air Rail Road. Plats with more detailed information are available in the Departrient of Planning. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Ilarold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 31 - Item TV-I.2.b. PUBLIC HEARING PLANNINC ITEM # 31739 Richard K. Stell, 219 66th Street, represented the applicant John W. Harris, President of A.R.C, Inc., also spoke in support of the application Upon motion by Councilman Moss, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of A.R.C., INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF A.R.C., INC. FOR A CONDITIONAL USE PERMIT FOR A COMKUNICATIONS TOWER AND EQUIPMENT BUILDING R08891244 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of A.R.C. Inc., for a Conditional Use Permit for a communications tower and equipment building on certain property located 1400 feet more or less northwest of the intersection of Kemspville Road and Centerville Turnpike. Said parcel contains 5.92 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- eighth Day of August, Nineteen Hundred and Eighty-nine. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 32 - Item IV-I.2.c. PUBLIC HEARING PLANNING ITEIM # 31740 Attorney Cheryl S. Thomas, 484 Viking Drive, Suite 110, Phone: 498-3395, represented the applicant Upon motion by Councilman Balko, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of TAYLOR SALT AND CHEMICAL COMPANY, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TAYLOR SALT AND CHEMICAL COMPANY, INC., FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE YARD R08891245 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Taylor Salt and Chemical Company, Tnc., for a Conditional Use Permit for a bulk storage yard on Lot 32, London Bridge Industrial Park II. Said parcel is located on the south side of Central Drive, 1450 feet west of London Bridge Road, containing 1.032 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following condition shall be required: 1. The utilization of best management practices for controlling stormwater runoff which are reasonably applicable to the development of the site. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- eighth Day of August, Nineteen Hundred and EightV-nine. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry* and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None *Verbal Aye - 33 - Item IV-I.2.d. PUBLIC HEARING PLANNING ITEM # 31741 Judith L. Rosenblatt, Anderson Lee & Norris, P.C., 758 Lynnhaven Parkway, Phone: 468-7700, represnted the applicant John M. Vest, Vice President - Vest & Sons Auto Sales, Inc. , also spoke in support of the applicant Upon motion by Councilman Balko, seconded by Councilman Sessoms, City Council ADOPTED an Ordinance upon application of VEST & SONS AUTO SALES, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF VEST & SONS AUTO SALES, INC. FOR A CONDITIONAL USE PERMIT FOR A AUTO REPATR AND BODY WORK FACTLITY R08891246 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Vest & Sons Auto Sales, Inc. for a Conditional Use Permit for an auto repair & body work facility on the south side of Virginia Beach Boulevard, 325 feet west of First Colonial Road. Said parcel is located at 1719 Virginia Beach Boulevard and contains 27,442.8 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. The proposed auto repair facility shall be limited to eight (8) service bays. 2. The utilization of best management practices for controlling stormwater runoff which are reasonably applicable to the development of the site. 3. Only vehicles awaiting parts and/or service may be stored on the site outside of normal business hours. 4. No outside storage of automobile parts will be allowed. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- eighth Day of August, Nineteen l'undred and Eighty-nine. - 34 - Item IV-1.2.d. PUBLIC IEARING PLANNING ITDI # 31741 (Continued) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 35 - Item IV-I.2.e. PUBLIC HEARING PLANNING ITEM # 31742 Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971, represented the applicant Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council ADOPTED an Ordinance upon application of TIDEWATER IMPORTS, INCORPORATED for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TIDEWATER IMPORTS, INCORPORATED FOR A CONDITIONAL USE PERMIT FOR A CAR WASH FACILITY R08891247 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Tidewater Imports, Incorporated for a Conditional Use Permit for a car wash facility on certain property located on the north side of Virginia Beach Boulevard beginning at a point 418.15 feet east of Cranston Lane. Said parcel contains 32,670 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH The following c6nditions shall be required: 1. The automatic car wash apparatus shall be operated only between the hours of 8:00 a.m. and 6:00 p.m. and no Sunday operation shall be permitted. 2. Category IV landscape screening will be required at detailed site plan review, unless the applicant obtains a variance from the Board of Zoning Appeals 3. The utilization of best management practices for controlling stormwater runoff which are reasonably applicable to the development of the site. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- eighth Day of August, Nineteen Hundred and Eighty-nine. - 36 - Item TV-1.2.e. PUBLIC HEARING PLANNING ITEM # 31742 (Continued) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, liarold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 37 - Ttem IV-I.2.f. PUBLIC HEARING PLANNING ITEM # 31743 W. Craig Allen, Partner of TALC Associates, represented the applicant Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of TALC ASSOCIATES for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TALC ASSOCIATES FOR A CONDITIONAL USE PERMTT FOR MOTOR VEHICLE SALES AND RENTALS ON CERTAIN PROPERTY R08891248 BE IT HEREBY ORDAINED BY THE COUNCTL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of TALC Associates for a Conditional Use Permit for motor vehicle sales and rentals on certain property located on the west side of Broad Meadows Boulevard, 159.51 feet north of Newtown Road. Said parcel contains 33,106 square feet. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The following conditions shall be required: 1. The maximum number of trucks to be allowed on the site at any given time is seven (7). 2. The utilization of best management practices for controlling stormwater runoff which are reasonably applicable to the development of the site. 3. Medium sized red tip photinia is to be planted inside the fence along Broad Meadows Boulevard. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- eighth Day of August, Nineteen Hundred and Eighty-nine. - 38 - Item IV-1.2.f. PUBLIC HEARING PLANNING ITEM # 31743 (Continued) Voting: 8-3 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, John L. Perry* and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan, John D. Moss and Nancy K. Parker Council Members Absent: None *Verbal Aye 39 - Item .2. PUBLIC HEARING PLANNING ITEM # 31744 The following spoke in SUPPORT of the application: Attorney R. J. Nutter, II, 2809 South Lynnhaven road, Phone: 431-3100 represented the applicant Bartow "Pat" Hughes Bridges, Jr., 109 Holly Crescent, Phone: 422-5222 George Wadsworth, 1533 Princess Anne Road, Phone: 426-6363, represented the Back Bay Pungo Civic League. Mr. Wadsworth read into the record the letter from Frances Dixon, Secretary of the Back Bay Pungo Civic League, dated May 19, 1989, indicating support of the application (Said letter is hereby made a part of the record.) The following registered in OPPOSITION: Linda Pavlidis, 1053 Princess Anne Road, Phone: 426-2434 Patricia Jenkins, 1049 Princess Anne Road, Phone: 426-7671 Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of RICK G. & ANNE B. SPALENKA for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF RICK C. & ANNE B. SPALENKA FOR A CONDITIONAL USE PERMIT FOR RETAIL SALES OF GARDEN AND NURSERY SUPPLIES R08891249 BE IT HEREBY ORDAINED BY THE COUNCTL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Rick G. & Anne B. Spalenka for a Conditional Use Permit for retail sales of garden and nursery supplies on the west side of Princess Anne Road, south of North Stowe Road. Said parcel is located at 1057 Princess Anne Road and contains 3.74 acres. Plats with more detailed information are available in the Department of Planning. PUNGO BOROUGH. The following conditions shall be required: 1. A right-of-way dedication is required along the frontage of this site to provide for a standard 50-foot right-of-way. Approximately 8.5 feet of dedication will be required. 2. The utilization of best management practices for controlling stormwater runoff which are reasonably applicable to the development of the site and in keeping with the recommendations for the proposed Back Bay/North Landing River Management District. 3. The site plan submitted with this request does not appear to meet the maximum lot coverage of 15% for the Agricultural District. A Board of Zoning Appeals variance is required or the site plan must be redesigned to meet the lot coverage requirement. - 40 - Item IV-I.2.g. PUBLIC HEARING PLANNING ITEM # 31744 (Continued) 4. Category VI landscaping (including privacy fence) will be installed and maintained along the property lines on the southern part of the property which abut residential. This will extend from the power pole back past the parking area. Category VI Screening requires the width for a planting bed of six feet unless otherwise specified. As there is not six (6) feet in the area of the barn, the planting bed shall be whatever width can be accommodated in this particular area. 5. The sale of garden supplies, equipment and material must be enclosed and limited to a maximum area of five-hundred square feet and must be in that portion of the barn farthest away from the adjoining property line. 6. Conditional Use Permit shall be for a period of one (1) year. If there are no complaints from adjoining residents, this Conditional Use Permit may be administratively renewed. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- eighth Day of August, Nineteen Hundred and Eighty-nine. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 41 - Item IV-1.2.h. PUBLIC HEARING PLANNING ITEM # 31745 Edwin Nelson, 20 Ross Avenue, Demarest, New Jersey Raymond Casela, 5320 Albright Drive, Phone: 479-4271, registered but did not speak Upon motion by Councilwoman Henley, seconded by Councilman Moss, City Council DEFERRED for ninety days until the City Council Meeting of December 4, 1989, an Ordinance upon application of EDWIN AND FRANCES NELSON for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF EDWIN AND FRANCES NELSON FOR A CONDTTIONAL USE PERMIT FOR A DUPLEX Ordinance upon application of Edwin and Frances Nelson for a Conditional Use Permit for a duplex on the south side of Tndian River Road, 2800 feet east of Princess Anne Road. Said parcel is located at 1825 Indian River Road and contains 1.9 acres. Plats with more detailed information are available in the Department of planning. PUNGO BOROUGH. "The applicant has a lease with the residents of the duplex which expires in May. This DEFERRAL will enable the families time to locate suitable housing. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 42 - Item IV-I.2.i. PUBLIC HEARING PLANNING ITEM # 31746 The City Clerk referenced a letter from Attorney Theodore A. Boyce, dated July 11, 1989, requesting WITHDRAWAL. Attorney Robert Cromwell, Pembroke One, Phone; 499-8971, represented fifteen (15) adjoining residents, in OPPOSITION to said application. Upon motion by Councilman Heischober, seconded by Councilwoman Parker, City Council DENIED the application of DAVID M. LUSTIG for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires all lots created by subdivision to have direct access to a public street, located at 1605 Bluecher Court. Appeal from Decisions of Administative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for David M. Lustig. Property is located at 1605 Bluecher Court. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 43 - Item 2. PUBLIC HEARING PLANNING ITEM # 31747 The City Clerk referenced letter from Bruce W. Gallup, dated August 9, 1989, requesting WITHDRAWAL. The City Clerk also referenced letter from Georgette Constant-Davis, dated August 14, 1989, in OPPOSITION. R. L. Smouse, 106 84th Street, Phone! 425-1567, represented the North Virginia Beach Civic League, registered in OPPOSITION, but was not OPPOSED to the WITHDRAWAL. Upon motion by Councilman Balko, seconded by Councilman Moss, City Council DENIED the application of JOSEPH NASSI for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision to meet all requirements of the Zoning Ordinance, at 8006 and 8008 Atlantic Avenue. Appeal from Decisions of Administative Offices in regard to certain elements of the Subdivision Ordinance , Subdivision for Joseph Nassi. Property is located at 8006 and 8008 Atlantic Avenue. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 44 - Item IV-1.2.k. PUBLIC HEARING PLANNING ITEM # 31748 Upon motion by Councilman Balko, seconded by Councilman Baum, City Council DENIED the application of ROBERT W. WOODHOUSE III for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision to meet all requirements of the Zoning Ordinance, on the East side of S. Woodside Lane, Southwest of the intersection with Adam Keeling Road. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance. Subdivision for Robert W. Woodhouse, III. Property is located on the east side of South Woodside Lane southwest of the intersection with Adam Keeling Road. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker", John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Vice Mayor Robert E. Fentress Council Members Absent: None *Verbal Aye Vice Mayor Fentress ABSTAINED as his bank does business with Dr. Robert W. Woodhouse. - 45 - Item IV-J.1. APPOINTMENTS TTEM # 31749 Upon NOMINATION by Councilman Sessoms, City Council REAPPOINTED: DEVELOPMENT AUTHORITY Andrew S. Fine (Four Year term 9/1/89 - 8/31/93) AND, APPOINTED: Robin Ray (Four Year term 9/1/89 - 8/31/93) Robert W. Carter (Unexpired term thru 8/31/90) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Ilarold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 46 - Item TV-J.2. APPOINTMENTS ITEM # 31750 Upon NOMINATION by Councilwoman Henley, City Council REAPPOINTED: PUBLIC LIBRARY BOARD Crisanto D. Romero (Three Year Term - 9/1/89 - 8/31/92) AND, APPOINTED: Joy N. Eliassen (Three Year Term - 9/1/89 - 8/31/92) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 47 - Item IV-J.3. APPOINTMENTS ITEM # 31751 ADD-ON BY CONSENSUS, City Council CONFIRMED pursuant to Section 15.1-494 of the 1950 Code of Virginia, Circuit Court Appointments: BOARD OF ZONING APPEALS ALTERNATES William Garrington Richard K. Stell (Five years 9/1/89 - 8/31/94) - 48 - Item 1V-K.I. UNFINISHED BUSINESS ITDI # 31752 ADD-ON Upon motion by Councilwoman Parker seconded by Councilman Baum, City Council ADOPTED: Resolution requesting the Board of Zoning Appeals to Appeal a decision of the Circuit Court (Bogie Dog, Inc.) to the Supreme Court of Virginia. Voting: 11-0 Council Members Voting Aye: Albert W. Balko", John A. Baum, Vice Mayor Robert E. Fentress'@, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry" and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None *Verbal Aye 1 A RESOLUTION REQUESTING THE BOARD OF 2 ZONING APPEALS TO APPEAL A DECISION 3 OF THE CIRCUIT COURT TO THE SUPREME 4 COURT OF VIRGINIA 5 WHEREAS, on July 19, 1989, the Board of Zoning Appeals 6 denied the application of Bogie Dog, Inc. for a variance from the 7 on-site parking requirements of Section 203 of the City Zoning 8 Ordinance; and 9 WHEREAS, on August 9, 1989, the Circuit Court of the 10 City of Virginia Beach reversed, upon conditions, the decision of 11 the Board; and 12 WHEREAS, it is the sense of the City Council that the 13 granting of parking variances is contrary to the best interests of 14 the City and its residents and visitors; 15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 16 THE CITY OF VIRGINIA BEACH, VIRGINIA: 17 That the Board of Zoning Appeals be, and hereby is, 18 requested to appeal the aforesaid decision of the Circ,it Court to 19 the Supreme Court of Virginia, and further, that in the event such 20 an appeal is taken, the City Attorney is hereby authorized and 21 directed to represent the Board in such proceeding. 22 Adopted by the City Council of the City of Virginia 23 Beach, Virginia, on this the 28th day of August, 1989. 24 wmm/lmt 25 08/28/89 26 CA-03462 27 \Ordin\Noncode\appeal.res APPROVED AS TO CON;L C, SIGNATURE DEPARTMENT APPROVED AS TO @-E(7,AL SUFFICIENCY A',l C17Y - 49 - Item IV-L.l. NEW BUSINESS ITEM # 31753 ADD-ON Councilwoman Henley and Councilman Baum requested the Resolution directing the Planning Commmission examine and make its recommendation concerning the elimination of duplexes as a conditional use in the City's Agricultural Districts be SCHEDULED for the City Council Meeting of September 11, 1989. - 50 - Item IV-M.l. ADJOURNMENT ITEM # 31754 Upon motion by Councilman Heischober and BY CONSENSUS, City Council ADJOURNED the Meeting at 8:55 P.M. (9 @. x@ Beverly'D. Hooks Chief Deputy City Clerk Ruth Hodg(is Smith, CMC M yera Ob.@ City Clerk M.Yr City of Virginia Beach Virginia