MAY 22, 1989
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MAY 22, 1989
ITEM 1. COUNCIL CONFERENCE SESSION - Conference Room - 4:30 PM
A. CITY COUNCIL CONCERNS
ITEM 11. INFORMAL SESSION - Conference Roorn - 5:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM 111. FORMAL SESSION - Council Chamber - 6:00 PM
A INVOCATION: Father George Paulson, Pastor
St. Nicholas Greek Orthodox Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. MINUTES
1. INFORMAL & FORMAL SESSIONS - May 1, 1989 (deferred)
2. INFORMAL & FORMAL SESSIONS - May 15, 1989
E. CONSENT AGENDA
Al I matters I isted 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 wi I I be discussed and voted upon separately.
1. Ordinance to AMEND and REORDAIN Section 10-1 of the Code of the
City of Virginia Beach, Virginia, re pol ling places, designating
Bayside Baptist Church.
2. Ordinance, upon SECOND READING, authorizing the City Manager to
execute an agreement with the Virginia Department of Housing and
Conununlty Development for a Multifamily Rehabilitatlon and Energy
Conservation Loan Program; and, to APPROPRIATE the Loan Reservation
in the amount of $233,000.
3. Ordinance, upon SECOND READING, to APPROPRIATE additional
reimbursements from the Commonwealth in the amount of $119,669 to
the Sheriff's Department for the funding of 28 additional permanent
positions and other operating expenses.
4. Low Bid to English Construction Company, Inc. in the amount of
$5,161,301.06 for Northampton Boulevard Phase 11 (CIP 2-070) and
Northampton Boulevard Phase IIA (CIP 2-092).
5. RAFFLE PERMIT
Pungo Strawberry Festival
F. PUBLIC HEARING
1. PLANNING - RECONSIDERATIONS
a. Application of WILLIAM DRINKWATER et ux for a Conditional
Zoning Classification, R-5D Residential Duplex District to R-T3
Resort Tourist District on Lot 2 and one-half of Lot 4,
Block 55, Virginia Beach Development (500 Twenty-third Street),
containing 7150 square feet (VIRGINIA BEACH BOROUGH).
Denied: March 27, 1989
Scheduled for Reconsideration: April 24, 1989
Recommendation: Defer to June 26, 1989
b. Application of SUZUKI OF VIRGINIA BEACH, INC. for a Conditional
Use PerTnit for motor vehicle sales and service on the South
side of Virginia Beach Boulevard, 120 feet East of Haycox Road
(3513 Virginia Beach Boulevard), containing 1.831 acres
(LYNNHAVEN BOROUGH).
Denied: April 24, 1989
Scheduled for Reconsideration: May 1, 1989
Recommendation: APPROVAL
2. PLANNING
a. Application of JEAN F. WEBB 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 City Zoning
Ordinance, located on the North side of Starling Court, 524.09
feet West of Bobolink Drive (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
b. Application ot NEWTOWN ASSOCIATES for a Conditional Use Permit
for an automotive repair establishment (tire sales and light
auto repairs and service) at the Southeast corner ot Newtown
Foad and Connie Lane, containing I acre (BAYSIDE BOROUGFI).
Recommendation: APPROVAL
c. Application of AGAPAE WORLD OUTREACH CENTER for a Conditional
Use Pemit for a church and related facilities on the East side
of Princess Anne Road, North of Windsor Oaks Boulevard
(4402 Princess Anne Road), containing 1.9176 acres
(KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
d. Application of CAM OF INC./ALARIC CORCORAN for a
Conditional Use Permit for an automobi le repair establishment
at the Northwest Intersection of London Bridge Road and Bowland
Parkway (521 London Bridge Road), containing 1.31 acres
(LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
e. Application of HELEN RICHARDS for a Variance to Section 4.4(b)
of the Subdivision Ordinance which requires al I lots created by
subdivision to meet all requirements of the City Zoning
Ordinance, located on the East side of General Booth Boulevard,
217 feet South of Hobart Avenue (LYNNHAVEN BOROUGH).
Recommendation: DENIAL
f. Application of BACK BAY SPORTING CLAYS, INC. for a Conditional
Use Perrnit for a recreational facility of an outdoor nature
(clay pigeon shooting range) on the South side of Campbells
Landing Road, 4752 feet more or less East of MC)rris Neck Road,
containing 20 acres (PUNGO BOROUGH).
Recommendation: DENIAL
g. Application of FIRST COURT ROAD, INC. for Variances to
Sections 5.6, 5.2 and 4.1(m) of the Subdivision Ordinance which
requires the installation of sidewalks on major collector
streets, construction of pavement widening from the centerline
of the ultimate right-of-way width, to include curb, gutter,
sidewalk and drainage improvements, and design standards for
public alleyways with regard to minimum pavement and right-of-
way widths, at the Southeast intersection of First Court Road
and Pleasure House Road (BAYSIDE BOROUGH).
Staff delineates Sections 5.2 and 5.6 not applicable.
Recommendation: DENIAL
h. Ordinances to AMEND and REORDAIN the City Zoning Ordinance of
the City of Virginia Beach, Virginia:
1. Article 4, Sections 401 and 402 re principal and
conditional uses.
No Recommendation
2. Agricultural Lands (Rural Services) Area Overlay District.
Recommendation: APPROVAL
i . Ordinance to AMEND and REORDAIN Section 3.2 and 3.3 of the
Subdivision Ordinance re procedures for approval of preliminary
and final subdivislon plats.
No Recommendation
G. UNFINISHED BUSINESS
H. NEW BUSINESS
1. ADJOURNMENT
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 22, 1989
The CITY COUNCIL CONCERNS SESSION of the VIRGINIA BEACH CITY COUNCIL was called
to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall, on
Monday, May 22, 1989, at 4:37 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Meyera E. Oberndorf, and William D. Sessoms, Jr.
Council Members Absent:
Vice Mayor Robert E. Fentress (VACATTON)
Nancy K. Parker (ABSENT due to daughter's illness)
John L. Perry (ABSENT due to illness)
- 2 -
C 0 N C E R N S 0 F T H E M A Y 0 R
ITEM # 31263
Mayor Oberndorf referenced the letter and attachments of James N. Fletcher,
Chairman of the School Board, dated May 18, 1989. Chairman Fletcher advised on
May 16, 1989, the Virginia Beach City School Board unanimously passed a
resolution opposing the passage of HOUSE JOINT RESOLUTION 178, a measure which
would subject their division's personnel policies and regulations to the
grievance procedure, divesting the Board of its supervision over the public
schools. Chairman Fletcher requested City Council consider issuing a statement
similar to the one approved by the Board. Mayor Oberndorf distributed copies to
Members of City Council, (Said correspondence is hereby made a part of the
record.)
ITEM # 31264
Mayor Oberndorf referenced a PRESS RELEASE relative dramatic increases in real
estate assessments throughout Northern Virginia and other rapidly growing areas
of the Commonwealth. Delegate C. Richard Cranwell, Chairman of the House of
Delegates' Finance Committee, has appointed a special Subcomittee to examine
the increases in assessments for residential property, the rapidly escalating
real property tax and the burden on residential property, especially in
Northern Virginia. They will have their first PUBLIC HEARING on Tuesday, June
6, 1989, at 1:00 P.M. in House Room B of the General Assembly Building Ninth
and Broad Street. The Subcommittee will be exploring options to reduce local
reliance on the property tax. The Subcommittee is directed to report its
findings and recommendations to the 1990 Session of the Virginia General
Assembly. Mayor Oberndorf believed the City Council might wish to assume a
position on this revenue source.
ITEM # 31265
Mayor Oberndorf advised the Office of the Attorney Generalin conjunction with
the Virginia Association of Counties and the Virginia Municipal League, is
SCHEDULING a WORKSHOP on the Virginia Freedom of Information Act which will go
into effect July 1, 1989.
The WORKSHOP is from 9:30 A.M. through 12:30 P.M. June 15, 1989, at the OMNI in
Norfolk at 777 Waterside Drive. Mayor Oberndorf requested all Members advise of
their attendance to enable completion of registration.
ITEM # 31266
Mayor Oberndorf referenced the CONDITIONAL ZONING WORKSHOP, 2:00 P.M.,
Wednesday, May 31, 1989, in the CONFERENCE ROOM, CITY HALL.
- 3 -
C IT Y C 0 UN C I L C ON C E R N S
ITEM # 31267
Councilwoman Henley referenced correspondence from E. Carlton Bowyer, Associate
Superintendent - Instructional Services of Virginia Beach City Public Schools,
dated May 19, 1989, relative PROPOSED BOND REFERENDUMS. On May 18, 1989, the
School Board held a special workshop to study various options relative to
construction funding. The School Board is proposing, Capital Projects for the
1989 Referendum totaling $153,102,000. Said correspondence is hereby made a
part of the record.
Councilwoman Henley requested information concerning this substantial
alteration in the Schools' CAPITAL IMPROVEMENT PROGRAM. There have not been any
major rezonings for the last three years. Councilwoman Henley did not know
where the additional population projections came from over and above those
City Council should have been examining in CIP's for the last three years.
Councilman Moss advised as the Mayor's representative for the School Board's
Strategic Planning Session on May Seventeenth, School Board Member Gerald Gibbs
had alluded to the fact the School Board had just received from Dr. Brown's
office a report which would entail a significant increase in the City's
Building Program for Schools. Councilman Moss suggested perhaps classroom
space involving speciality courses is increasing even if the population growth
is slower. No detail was provided relative this report. Copies would be
provided at a later date. Councilman Moss informed the Strategic Planning
Session, City Council was not underfunding education.
Councilwoman Henley advised these Capital Projects were extremely high
especially in view of the LAKE GASTON PROJECT. Councilwoman Henley wished the
Virginia Beach School Board to specifically explain these items.
Councilman Sessoms believed the increase in students might have been
overprojected.
Mayor Oberndorf and the City Manager will prepare a selection of dates for a
proposed WORKSHOP with the Virginia Beach School Board. The methodology for
which this PROPOSED BOND REFERENDUM was derived will be provided to City
Council prior to the WORKSHOP.
ITEM # 31268
Councilwoman Henley complimented the aesthetics of the City. The General
Services employees are performing an excellent job; however road side litter
still spoils the City's appearance. North Carolina has an ADOPT-A-HIGHWAY
PROGRAM. As there are numerous of civic groups in the area, Councilwoman Henley
suggested the concept be examined for the City of Virginia Beach
Councilman Balko referenced the possibility of utilizing prisoners of the City
Jail in this capacity. The City Manager will investigate.
Mayor Oberndorf referenced correspondence relative the TEXAS ADOPT-A-BEACH
PROGRAM. This program was established to raise awareness of the quantity and
sources of trash on Texas beaches.
The SPECIAL OLYMPICS had contacted the Mayor relative this program. Perhaps the
SPECIAL OLYMPICS ight also be interested in assisting in cleaning the
Highways, as well.
The City Manager advised this was currently being examined by the City Staff
who would work with the Office of Public Tnforniation towards establishing a
pilot projects. The safety factor did appear to be involved.
- 4 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 31269
Councilman Baum referenced the Chesapeake Bay Preservation Act and requested
Louis Cullipher and Jack Whitney arrange within the next month field trips
Swamps and marshes needed to be viewed first hand not just discussed in
conferences. Basic education is needed. The majority of the land in the
vicinity is WETLANDS and theoretically "duck breeding" ground. Perhaps two
small groups should examine the land in question.
ITEM # 31270
Councilman Baum referenced a Burrow Pit application just off Hungarian Road on
the Chesapeake side APPROVED first by the Chesapeake Council and then DENIED.
Moyock Sand Company from North Carolina leases property and owns this
property. The only way out of this proposed Burrow Pit is through Blackwater on
a supposedly inadequate road.
Councilman Baum is not against Burrow Pits but they can be too large with too
much commercial traffic for the circumstances. Councilman Baum requested the
City Manager investigate as Virginia Beach would not receive any revenue, only
problems.
ITEM # 31271
Councilman Balko complimented the EMPLOYEE BENEFITS STATEMENT and was curious
as to the reactions received by the City Manager.
ITEM # 31272
Councilman Balko accompanied Don Williams on the Dredging Barge Saturday, May
20, 1989, for approximately two hours. Twenty-two hundred cubic yards of
material were collected. Tliis would equate to approximately 220 truckloads.
There are positive aspects to this method of replenishing sand.
ITEM # 31273
Councilman Heischober referenced the Ordinances pertaining to DEVELOPMENT FEES
ADOPTED on May 15, 1989. Councilman Heischober advised concerns relative the
DEVELOPMENT FEES becoming effective inimediately upon ADOPTION.
TTEM # 31274
Councilman Heischober has requested an Ordinance be DRAFTED relative effective
date of said Ordinances and be SCHEDULED for the City Council Agenda of June 5,
1989. The City Manager will explain which fees went up immediately and which
fees did not.
ITEM # 31275
Councilman Moss had also requested the City Attorney prepare a Memorandum
relative the PD-HL and PD-H2 issue to more clearly delineate the substantial
changes and emphasize how narrow the Planning Director's scope of authority is
in making unilateral changes in land use. Councilman Moss requested this be
SCIIEDULED for the City Council Agenda of June 5, 1989.
ITEM 31276
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on
Monday, May 15, 1989, at 5:05 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Mayor Meyera E. Oberndorf, and William D. Sessoms,
Jr.
Council Members Absent:
Vice Mayor Robert E. Fentress, Nancy K. Parker and
John L. Perry
- 6 -
ITEM # 31277
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTIVE SFSSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, pertormance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
institution which could effect the value of property owned or desirable
for ownership by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body pursuant to Section 2.1-344 (a) (6).
Upon motion by Councilman Heischober, seconded by Councilman Balko, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 8-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, flarold Heischober,
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Mayor Meyera E. Oberndorf, and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Robert E. Fentress, Nancy K. Parker and
John L. Perry
- 7 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
May 22, 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, May
22, 1989, at 6:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Mayor Meyera E. Oberndarf, and William D. Sessoms,
Jr.
Council Members Absent:
Vice Mayor Robert E. Fentress (VACATION)
Nancy K. Parker (ABSENT due to daughter's illness)
John L. Perry (ABSENT DUE TO ILLNESS)
INVOCATION: Father George Paulson, Pastor
St. Nicholas Greek Orthodox Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF TIIE UNITED STATES OF AMERICA
8
Item IV-D.l.
MINUTES ITEM 31278
Upon motion by Councilman Balko, seconded by Councilman Sessoms, City Council
APPROVED the Minutes of the INFORMAL & FORMAL SESSIONS of May 1, 1989.
Voting: 8-0
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, and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Robert E. Fentress, Nancy K. Parker and
John L. Perry
9
Item IV-D.2.
MINUTES TTEM 31279
Upon motion by Councilwonian Henley, seconded by Councilinan Balko, City Council
APPROVED the Minutes of the INFORMAL & FORMAL SESSIONS of May 15, 1989.
Voting: 7-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, John D. Moss, Mayor Meyera E.
Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Reba S. McClanan*
Council Members Absent:
Vice Mayor Robert E. Fentress, Nancy K. Parker and
John L. Perry
"Councilwoman McClanan ABSTAINED as she was ABSENT for the City Council
Sessions of May 15, 1989.
- 10 -
Item IV-E.
CONSENT AGENDA ITEM # 31280
Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City
Council APPROVED in ONE MOTION Items 1, 2, 3, 4 and 5 of the CONSENT AGENDA.
Voting: 8-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara @t. Henley, Reba S. McClanan," John D. Moss,
Mayor Meyera E. Oberndorf, and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Robert E. Fentress, Nancy K. Parker and
John L. Perry
Councilwoman McClanan VOTED a VERBAL NAY on Item IV-E.3.
T
,7
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 10-1 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO POLLING PLACES
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 10-1 of the Code of the City of Virginia
9 Beach is hereby amended and reordained to read as follows:
10
11
1 Section 10-1. Establishment of election districts and voting
2 places.
3
4 There are hereby established in the City of Virginia
5 Beach the following election districts and their respective
6 voting places, as set forth below:
7
8
9 ELECTION DISTRICT VOTING PLACES
10
11
12
13 Alanton Alanton Elementary School
14 Aragona Adult Learning Center
15 Arrowhead Arrowhead Elementary School
16 Bayside Bayside Elementary School
17 Bellamy Indian Lakes Elementary School
18 Blackwater Blackwater Fire Station
19 Bonney Center for Effective Learning
20 Brandon Brandon Junior High School
21 Cape Henry Research and Enlightenment
22 Building
23 Capps Shop Mosquito Control Building
24 Chesapeake Beach ehesapeake-Beseh-Pire-Station
25 Bayside Baptist Church
26 College Park College Park Elementary School
27 Courthouse Courthouse Fire Station
28 Creeds Creeds Fire Station
29 Davis Corner Bettie F. WilliamS Elementary
30 School
31 Fairfield Fairfield Elementary School
32 Great Neck John B. Dey Elementary School
33 Green Run Green Run Elementary School
34 Holland Holland Elementary School
35 Homestead Providence Presbyterian Church
36 Kempsville Point of View Elementary School
37 Kings Grant Kings Grant Elementary School
38 Kingston Kingston Elementary School
39 Lake Christopher Centerville Elementary School
40 Lake Smith Shelton Park School
41 Larkspur St. Andrews United Methodist
42 Church
43 Linkhorn The Evangelical Lutheran Church
44 of the Good Shepherd
45 Little Neck St. Aidan's Episcopal Church
46 London Bridge London Bridge Baptist Church
47 Lynnhaven Lynnhaven Colony United Church of
48 Christ
49 Magic Hollow Roma Lodge No. 254
50 Malibu Malibu Elementary School
51 Mt. Trashmore Windsor Woods Elementary School
52 Oceana Scott Memorial United Methodist
53 Church
54 Ocean Park Bayside Christian Church
55 Old Donation Old Donation Center for Gifted
56 Pembroke Pembroke Meadows Elementary
57 School
58 Plaza Lynnhaven Elementary School
59 Providence Kempsville Recreation Center
60 Red Wing Fire Training Center
61 Salem Word of Life Christian Center
62 Seatack Seatack Elementary School
63 Shannon Kempsville Elementary School
64 Sigma Sandbridge Fire Station
65 Stratford Chase Providence Elementary School
66 Thalia Thalia Elementary School
2
67 Thoroughgood Independence Junior High School
68 Timberlake White Oaks Elementary School
69 Trantwood Virginia Beach Christian Church
70 Virginia Beach - A Galilee Episcopal Church
71 Virginia Beach - B Virginia Beach Junior High School
72 Virginia Beach - C Cooke Elementary School
73 Windsor Oaks Windsor oaks Elementary School
74 Witchduck Bayside Presbyterian Church
75 Wolfsnare Eastern Shore Chapel
76 Woodstock Woodstock Elementary School
77 Central Absentee Voter
78 Election District Agriculture/Voter Registrar
79 Building
80
81 Pursuant to the Voting Rights Act, this ordinance
82 shall not be effective until approved by the United States
83 Department of Justice.
84
85 Adopted by the Council of the City of Virginia Beach,
86 Virginia, on the 22nd day of May 1989.
87
88 JDB/epm
89 05/04/89
90 CA-03303
91 \ordin\proposed\10-001.pro
3
- 12 -
Item IV-E.2
CONSENT AGENDA ITEM # 31282
Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City
Council ADOPTED upon SECOND READING:
Ordinance authorizing the City Manager to execute
an agreement with the Virginia Department of
Housing and Community Development for a Multifamily
Rehabilitation and Energy Conservation Loan
Program; and, to APPROPRIATE the Loan Reservation
in the amount of $233,000.
Voting: 8-0
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, and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Robert E. Fentress, Nancy K. Parker and
John L. Perry
REQUESTED BY: DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
AN ORDINANCE TO AUTHORIZE Tf]E CITY MANAGER TO EXECUTE AN
AGREEMENT WITII THE VIRGINIA DEPARTMENT OF )IOUSING AND
COMMUNITY DEVELOPMENT FOR A MULTIFAMILY REHABILITATION
AND ENERGY CONSERVATION LOAN PROGRAM AND TO APPROPRIATE
THE LOAN RESERVATION AMOUNT OF $233,000
WHEREAS, the Commonwealth of Virginia has established the
Virginia Housing Partnerabip Fund to encourage the improvement of
housing opportunities for lower-income Virginians; and
WHEREAS, the Virginia Department of Housing and Community
Development has established a program entitled the Multifamily
Rehabilitation and Energy Conservation Loan Program, which
authorizes local governments to make loans to citizens to provide
for the rehabilitation of multifamily housing unite; and
WHEREAS, the Virginia Department of Housing and Community
Development has informed the City that a reservation in the
amount of $233,000 has been set aside for the City for such
rehabilitation loans;
NOW, THEREFORE BE IT ORDAINED THAT the City Manager is
authorized to execute an agreement with the Virginia Department
of Housing and Community Development to make such loans; and
BE IT FURTHER ORDAINED THAT the loan reservation in the
amount of $233,000 be appropriated for the purpose of making such
loans; and
BE IT FURTHER ORDAINED THAT the City of Virginia Beach will
comply with all requirements of this program as set forth by the
Virginia Department of Housing and Community Development.
Adopted by the Council of the City of Virginia Beach on the
22 day of May 1 9 8 9 .
AP APPROVED AS TO FORM:
Marya @Ustick, ctor City Attorn-/-
Departmefit of Housing and VY
Community Development
FIRST READING: May 15, 1989
SECOND READFNG: May 22, 1989
CONTRACT WO: 88MF7
MULTIFAMILY REHABILITATION PROGRAM
ADMINISTRATIVE AGREEMENT
This Agreement, entered into as of this day of
1 19 _ , by and between the Virginia Department of Housing
and Community Development hereinafter referred to as IIDHCDII and
City of Virginia Beach, herein after referred to as "Local
Administrator."
The Multifamily Rehabilitation Loan funds (hereinafter
referred to as the "Funds") which are the subject of this
Agreement are authorized under the Revolving Loan Fund as part of
the Virginia Partnership Fund. These funds are provided through
an appropriation from the Virginia General Assembly. The Funds
are subject to and this Agreement incorporates by reference, the
terms, guidelines and regulations set forth in the Multifamily
Program Guidelines, as revised from time to time, and the laws of
the Commonwealth of Virginia. Also incorporated by reference in
this Agreement are (1) the Administrators Program Application
including certifications, resolutions and agreements contained
therein, and (2) Multifamily Program Manual, as revised from time
to time. This manual describes the operational procedures by
which the Administrator must conduct the program for minimum
contract compliance.
The Local Administrator will initiate the activities as
required by this Agreement and described in the Administrators'
Program Application, the Program Guidelines, and Program Manual
beginning , 19 _ , unless otherwise specified in
Section III, Special Conditions.
The Local Administrator will complete the work as required
by this Agreement and described in the Administrators' Program
Application, the Program Guidelines, and Program Manual within 12
months from the execution of this Agreement, or more specifically
on or before , 19-.
In reliance upon the Application and associated documents,
the Department agrees, upon execution hereof, to provide the
Administrator a reservation of funds in the amount of $233,000 to
undertal<e the project activities approved and set forth herein.
The Administrator will have $233,000 of which $125,000 may be
used for approved energy related improvements as defin(id in
Page 2
Multifamily Rehabilitation Loan Program
Administrative Agreement
Attachment A and may not be used in relation to any other
rehabilitation activity. The balance of the allocation may be
used in relation to any eligible improvement as defined in the
Multifamily Rehabilitation Program Guidelines.
The Administrator agrees to comply with all of the terms and
conditions of this Agreement, the Program Application, and the
Program Manual in its administration of this program. The
Administrator further agrees to monitor, oversee and report on
the use of the funds under this Agreement.
The Local Administrator agrees to report on the uses of the
loan funds as requested by the Department. The Local
Administrator shall furnish, regularly and in such a form as DHCD
may require, reports concerning the status of project activities
and grant funds. Such report shall be submitted in the form and
manner as prescribed in the Program Manual and in written
instructions from DHCD. The Local Administrator will make
available all documents, records and other program information
requested by the Department.
The Department reserves the right to modify, amend, or
terminate this Agreement any time during the terms of this
Agreement due to failure of the Local Administrator to comply
with the terms and conditions of this Agreement and other Program
Documents set forth herein.
I. Project Description:
The Local Administrator will provide loan funds to 23 units.
The program will operate throughout the City of Virginia Beach
according to the Multifamily Rehabilitation Program Guidelines as
revised 4/88 and according to the Virginia Beach Program Design
as noted in the Virginia Beach application for projects 10 units
or less. Interest rate will be fixed at 6%.
A. Performance Schedule:
May 1 - October 31, 1989 4 units
November 1 - April 30, 1990 19 units
Total 23 units
Page 3
Multifamily Rehabilitation Loan Program
Administrative Agreement
II. Funds Disbursement and Reporting:
A. Funds Disbursement:
Disbursement will be made by Virginia Ilousing Development
Authority (VHDA) for approved loans only. once the disbursement
is made the Local Administrator must establish and administer an
escrow account for each individual loan. Adequate accounting
shall be maintained to identify funds escrowed.
B. Reporting Requirements:
The Administrator agrees to submit four quarterly
reports during the project term according to the
following schedule:
Reporting Period Due Date
April 1, 1989 - June 30, 1989 July 15, 1989
July 1, 1989 - September 30, 1989 October 15, 1989
October 1, 1989 - December 31, 1989 January 15, 1990
January 1, 1990 - March 31, 1990 April 15, 1990
III. Special Conditions:
A. The Local Administrator shall submit a minimum of seven
complete application packages to VHDA. once these initial
applications are received and reviewed, DHCD and VHDA inay
recommend local underwriting and approval status. Servicing of
loans will be performed by VHDA.
Page 4
Multifamily Rehabilitation Loan Program
Administrative Agreement
This Agreement is hereby executed by the Parties on the date
set forth below their respective signatures as follows:
VIRGINIA DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT LOCAL ADMINISTRATOR
By:
Robert J. Adams Signature
Deputy Director
Name
Title
(Date) Date
ATTACHMENT A
LIST OF ELIGIBLE ENERGY IMPROVEMENTS FOR EVERGY RELATED FUNDING:
AlloW Repairs:
1. Storm Windows
2. Frameless Plastic Glazing
3. Movable Window Insulations System, i.e., Shade,
Screens, Louvers, Awnings
4. Storm Doors
5. Replacement Windows
6. Replacement Doors
7. Caulking
A. Glazing
B. Gaskell
C. Weatherstripping
D. Vapor Barriers
8. Thermostats
A. Clock
B. Auto Set Back
C. Line Voltage
D. Auto Gas System
9. Heat Exchangers
10. Hot Water Heat Pumps
11. Repair or Replacement of Defective Heating System
A. oil
B. Gas
C. Wood
D. Solar
E. Heat Pump
F. Installation of Gas Conversion Burners
G. Boilers
11. Electric
I. Radiator and Valves
J. Duct Insulation
K. Air Ducts and Connectors
L. Chimneys/Fire Places
M. Tanks (Fuel)
N. Waste Heat Recovery Devise
12. Water Heat Repair or Replacement
A. Insulate Tank and/Pipes
B. Install Heat Traps in Inlet/Outlet Pipe
C. Water Pipe Heater Strips
D. Dampers
E. Water Flow Controls
13. Paint
A. only paint that is white - used as heat reflective
on awnings, louvers, doors and duct.
B. Exterior paint used to cover and/or seal bare
siding, soffit, fascia, rake, trim, etc.
14. Insulation
A. Attic
B. Walls
C. Floors
D. Skirting
E. Vapor Barriers
F. Material and construction of Vestibules
15. Roofing to replace or repair defective leaking roofs
16. Siding repair to effectively close openings or damaged
areas
17. Trim, soffit, fascias, etc., to repair damaged, rotten
open areas
18. Venting - gable ends or appropriate attic and crawl
space venting
19. Floors
A. Material and labor used to repair and replace
rotten, damaged and open floor and subfloor areas
- 13 -
Item IV-E.3
CONSENT AGENDA ITEM # 31283
Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City
Council ADOPTED upon SECOND READING:
Ordinance to APPROPRIATE additional reimbursements
from the Commonwealth in the amount of $119,669 to
the Sheriff's Department for the funding of 28
additional permanent positions and other operating
expenses.
Voting: 7-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, John D. Moss, Mayor Meyera E.
Oberndorf, and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan"
Council Members Absent:
Vice Mayor Robert E. Fentress, Nancy K. Parker and
John L. Perry
*Verbal Nay
AN ORDINANCE TO APPROPRIATE ADDITIONAL REIMBURSEMENTS
FROM THE COMMONWEALTH IN THE AMOUNT OF $119,669 TO THE
SHERIFF'S DEPARTMENT FOR FUNDING OF 28 ADDITIONAL
PERMANENT POSITIONS AND OTHER OPERATING EXPENSES
VTHEREAS, the Compensation Board of the Commonwealth has determined
that the 28 additional temporary positions granted to the Sheriff's Department
as an emergency measure in FY88-89 in response to overcrowded conditions and
courtroom security should be considered as permanent positions, and, as such,
receive full fringe benefits;
VHEREAS, additional operating expenses are being incurred at the
Correctional Center as a result of the current daily irunate population of
approximately 420;
WHEREAS, additional appropriations are necessary in the form of
travel reimbursements to the civil processors who are now required to use
personal vehicles versus previously provided city vehicles;
VHEREAS, additional revenues in the form of reimbursements from the
Commonwealth are available as a result of the increased average daily inmate
population;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That 28 temporary positions in the Sheriff's Department be made
permanent as approved by the Compensation Board of the Commonwealth, and that
funds in the amount of $119,669 be appropriated to the Sheriff's Department's
operating budget in support of these positions, and other operating expenses.
BE IT FURTHER ORDAINED:
That the appropriations be offset by a $119, 669 increase in estimated
revenues from the Commonwealth.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 22 day of May ) . -0 k -MT
1989. APPQOVE!, i@'-' Co ITF
FIRST READING: May 15, 1989
SECOND READING: May 22, 1989
- 14 -
Item IV-E.4
CONSENT AGENDA ITEM # 31284
Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City
Council APPROVED:
Low Bid to English Construction Company, Inc. in
the amount of $5,161,301.06 for Northampton
Boulevard Phase II (CTP 2-070) and Northampton
Boulevard Phase ITA (CIP 2-092).
Voting: 8-0
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, and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Robert E. Fentress, Nancy K. Parker and
John L. Perry
Item IV-E.5
CONSENT AGENDA ITEM # 31285
Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City
Council APPROVED:
RAFFLE PERMIT
Pungo Strawberry Festival
Voting: 8-0
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, and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Robert E. Fentress, Nancy K. Parker and
John L. Perry
- 16 -
Item IV-G.l.
PUBLIC HEARING
PLANNING ITEM # 31286
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
PLANNING - RECONSIDERATIONS
(a) WILLIAM DRINKWATER CONDITIONAL ZONING CLASSIFICATION
(b) SUZUKI OF VIRGINIA BEACH, INC. CONDITIONAL USE PERMIT
PLANNING
(a) JEAN F. WEBB VARIANCE
(b) NEWTOWN ASSOCIATES CONDITIONAL USE PERMIT
(c) AGAPAE WORLD OUTREACH CENTER CONDITIONAL USE PERMIT
(d) CAM OF VA., INC./ALARIC CORCORAN CONDITIONAL USE PERMIT
(e) HELEN RICHARDS VARIANCE
(f) BACK BAY SPORTING CLAYS, INC. CONDITIONAL USE PERMIT
(g) FIRST COURT ROAD, INC. VARIANCES
(h) CITY ZONING ORDINANCE AMENDMENT
1. Principal and conditional uses
2. Agricultural Lands (Rural
Services) Area Overlay
District
(i) SUBDIVISION ORDINANCE ANENDMENT
Procedures for approval of
preliminary and final subdivision
plats.
- 17 -
Item IV-F.I.a.
PUBLIC HEARING
PLANNING ITEM # 31287
Upon motion by Councilman Heischober, seconded by Councilmaft Balko, City
Council DEFERRED until the City Council Meeting of June 26, 1989, the
application of WILLIAM DRINKWATER ET UX for a Conditional Zoning
Classification:
ORDINANCE UPON APPLICATION OF WILLIAM DRINKWATER ET
UX FOR A CONDITTONAL ZONING CLASSTFTCATION, R-5D TO
R-T3
Ordinance upon application of William Drinkwater et
ux for a Conditional Zoning Classification, R-5D
Residential Duplex District to R-T3 Resort Tourist
District on Lot 2 and 1/2 of Lot 4, Block 55,
Virginia Beach Development. Said parcel is located
at 500 23rd Street and contains 7150 square feet.
VIRGINIA BEACH BOROUGH.
This DEFERRAL will enable the attendance of all Members of City Council.
Voting: 7-0
Council Nlembers Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, Reba S. McClanan, John D. Moss
and Mayor Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
William D. Sessoms
Council Members Absent:
Vice Mayor Robert E. Fentress, Nancy K. Parker and
John L. Perry
*Councilman Sessoms ABSTAINED due to business reasons
- 18 -
Item IV-F.I.b.
PUBLIC HEARING
PLANNING ITEM # 31288
Attorney Michael Inman, 2840 South Lynnhaven Road, Phone: 486-7055, represented
the applicant
Upon motion by Councilman Balko, seconded by Councilman Sessoms, City Council
ADOPTED an Ordinance upon application of SUZUKI OF VIRGINIA BEACH, INC., for a
Conditional Use Permit for motor vehicle sales and services. This application
was (DENIED 4/24/89 and SCHEDULED for RECONSIDERATION 5/1/89):
ORDINANCE UPON APPLICATION OF SUZUKI OF VIRGINIA
BEACH, INC., FOR A CONDITIONAL USE PERMIT FOR MOTOR
VEHICLES SALES AND SERVICE R05891221
BE TT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Suzuki of Virginia
Beach, Inc. for a Conditional Use Permit for motor
vehicle sales and service on the south side of
Virginia Beach Boulevard, 120 feet east of Haycox
Road. Said parcel is located at 3513 Virginia Beach
Boulevard and contains 1.831 acres. Plats with more
detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. There shall be a maximum of eighteen motor vehicles
available for sale. Nine spaces in the front on
the far left and nine spaces in the rear of the
building against the eastern property line will
accommodate the "vehicles for sale."
2. Suitable landscaping shall be provided.
3. Site Plan indicating parking and landscaping shall
be made a part of the proceedings.
4. 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.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
second Day of May, Nineteen Hundred and Eighty-nine.
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- 20 -
Item IV-F.2.a.
PUBLIC HEARING
PLANNING TTEM # 31289
Attorney William "Buster" O'Brien, 2368 Haversham Close, represented the
applicant and advised the garage will be removed.
Upon motion by Councilman Balko, seconded by Councilman Baum, City Council
APPROVED the application of JEAN F. WEBB 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 City Zoning Ordinance.
Appeal from Decisions of Administrative Offices in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Jean F. Webb. Parcel is
located on the north side of Starling Court, 524.90
feet west of Bobolink Drive. Plats with more
detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
The following condition shall be required:
1. The final subdivision plat will neither be approved
nor recorded until such time as the existing
residence on the proposed site 216 B-1 is removed.
Voting: 8-0
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, and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Robert E. Fentress, Nancy K. Parker and
John L. Perry
- 21 -
Item IV-F.2.b.
PUBLIC HEARING
PLANNING ITEM # 31290
T. W. Palatini, Post Office Box 61311, Phone: 499-6301, partner in Newtown
Associates, represented the applicant
Sadye Shaw. 5569 Daniel Smith Road, Phone: 497-5435, represented the Newsome
Farm Civic League and spoke in OPPOSITION. The Civic League did not wish
intrusion on Connie Lane and did not wish another repair shop.
A MOTION was made by Councilman Heischober, seconded by Councilman Baum to
ADOPT an Ordinance upon application of NEWTOWN ASSOCIATES for a Conditional Use
Permit for an automotive repair establishment (tire sales and light auto
repairs and service) at the Southeast corner of Newtown Road and Connie Lane,
containing 1 acre (BAYSIDE BOROUGH). In addition to the conditions listed,
Councilman Heischober requested the addition of a seventh condition stating the
Conditional Use Permit shall be limited to a tire retail sales operation.
Voting: 3-5 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
John A. Baum, Harold Heischober and William D.
Sessoms, Jr.
Council Members Voting Nay:
Albert W. Balko, Barbara M. Henley, Reba S.
McClanan, John D. Moss and Mayor Meyera E. Oberndorf
Council Members Absent:
Vice Mayor Robert E. Fentress, Nancy K. Parker and
John L. Perry
- 22 -
Item IV-F.2.b.
PUBLIC HEARING
PLANNING ITEM # 31291
Upon motion by Councilwoman Henley, seconded by Councilman Moss, City Council
DENIED an Ordinance upon application of NEWTOWN ASSOCIATES for a Conditional
Use Permit:
ORDINANCE UPON APPLICATION OF NEWTOWN ASSOCIATES
FOR A CONDITIONAL USE PERMIT FOR AN AUTO@IOBILE
REPATR ESTABLISHMENT (TIRE SALES & LIGHT AUTO
REPATRS & SERVICES)
Ordinance upon application of Newtown Associates
for a Conditional Use Permit for an automotive
repair establishment (tire sales & light auto
repairs & service) at the southeast corner of
Newtown Road and Connie Lane. Said parcel contains
1 acre. Plats with more detailed information are
available in the Department of Planning. BAYSIDE
BOROUGH.
Voting: 5-3
Council Members Voting Aye:
Albert W. Balko, Barbara M. Henley, Reba S.
McClanan, John D. Moss and Mayor Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum, Harold Heischober and William D.
Sessoms, Jr.
Council Members Absent:
Vice Mayor Robert E. Fentress, Nancy K. Parker and
John L. Perry
- 23 -
Item IV-F.2.c.
PUBLIC HEARING
PLANNING ITEM # 31292
Cheyney Cole, 514 24th Street, Suite 305, Phone: 428-2224, represented the
applicant
Robert Ruffin, 800 Newtown Road, Phone: 464-5967, represented the applicant but
WAIVED the right to speak.
Upon motion by Councilman Moss, seconded by Councilman Balko, City Council
ADOPTED an Ordinance upon application of AGAPAE WORLJ) OUTREACH CENTER for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF AGAPAE WORLD OUTREACH
CENTER FOR A CONDITIONAL USE PERMIT FOR A CHURCH
AND RELATED FACILITIES R05891222
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Agapae World Outreach
Center for a Conditional Use Permit for a church
and related facilities on the east side of Princess
Anne Road, north of Windsor Oaks Boulevard. Said
parcel is located at 4402 Princess Anne Road and
contains 1.9176 acres. Plats with more detailed
information are available in the Department of
Planning. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. Approval is for a period of three (3) years.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
second Day of May, Nineteen Hundred and Eighty-nine.
Voting: 8-0
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, and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Robert E. Fentress, Nancy K. Parker and
John L. Perry
- 24 -
Item IV-F.2.d.
PUBLIC HEARING
PLANNING ITEM # 31293
Alaric Corcoran, President/Owner - CAM OF VA. , INC./ALARIC CORCORAN,
represented himself
Martha Corcoran, Secretary/Treasurer - CAM OF VA., INC./ALARIC CORCORAN,
represented herself and advised an application for a variance to the screening
has been initiated.
Upon motion by Councilman Balko, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of CAM OF VA., INC./ALARIC CORCORAN for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF CAM OF VA.,
INC./ALARIC CORCORAN FOR A CONDITIONAL USE PERMIT
FOR AN AUTOMOBILE REPAIR ESTABLISHMENT R05891223
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of CAM of VA., INC.
ALARIC CORCORAN for a Conditional Use Permit for an
automobile repair establishment at the northwest
intersection of London Bridge Road and Bowland
Parkway. Said parcel is located at 521 London
Bridge Road and contains 1.31 acres. Plats with
more detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. Required Category VI screening was not shown on the
submitted site plan. Category VI screening will be
required during detailed site plan review unless a
variance from the Board of Zoning Appeals is
obtained. (Application for said variance has been
initiated.)
2. No outside storage of automobile parts or
inoperable automobiles 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-
second Day of May, Nineteen Hundred and Eighty-nine.
- 25 -
Item IV-F.2.d.
PUBLIC HEARING
PLANNING ITEM # 31293 (Continued)
A section of the Code requires an automobile repair garage to be completely
enclosed by Category VI Screening except for openings for ingress and egress.
The City Attorney will address the possible amendment to the City Code relative
this section.
Voting: 8-0
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, and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Robert E. Fentress, Nancy K. Parker and
John L. Perry
- 26 -
Item IV-F.2.e.
PUBLIC HEARING
PLANNING ITEM # 31294
The Deputy City Clerk advised the applicant, Helen Richards, had called Long
Distance from Northern Virginia, advising she would not be in attendance and
requesting WITHDRAWAL, as she planned to sell the property.
Richard M. Coffren, 477 Southside Road, Phone: 422-6755, represented the
adjacent property owners and spoke in OPPOSITION.
Upon motion by Councilman Balko, seconded by Councilman Moss, City Council
DENIED the application of HELEN RICHARDS 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 City Zoning Ordinance.
Appeal from Decisions of Administrative Offices in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Helen Richards Property
is located on the east side of General Booth
Boulevard, 217 feet south of Hobart Avenue. Plats
with more detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
Voting: 8-0
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, and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Robert E. Fentress, Nancy K. Parker and
John L. Perry
- 27 -
Item IV-F.2.f.
PUBLIC HEARING
PLANNING ITEM # 31295
Senator Moody E. Stallings, Stallings and Richardson, P.E. - Attorneys and
Counsellors at Law, Beach Tower Suite 500, 3330 Pacific Avenue, P.O. Box 1687,
represented the applicant and initially requested WITHDRAWAL.
A MORION was made by Councilman Heischober, seconded by Councilman Moss to
WITHDRAW an Ordinance upon application of BACK BAY SPORTING CLAYS, INC. for a
Conditional Use Permit for a recreational facility of an outdoor nature (clav
on the South ide of Campbells Landing Road, 4752 feet
rris ineck Road, containing 20 acres (PUNGO BOROUGH). In
view of OPPOSITION present, Councilman Moss WITHDREW his Second. Councilman
Sessoms then SECONDED the MOTION.
Voting: 2-4 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Harold Heischober and William D. Sessoms, Jr.
Council Members Voting Nay:
Albert W. Balko, Reba S. McClanan, John D. Moss and
Mayor Meyera E. Oberndorf
Council Members Abstaining:
John A. Baum and Barbara M. Henley
Council Members Absent:
Vice Mayor Robert E. Fentress, Nancy K. Parker and
John L. Perry
Council Members Baum and Henley ABSTAINED as they do business with the owner of
the property, Frank Williams.
This item was MOVED FORWARD for decision as whether to WITHDRAW. As the MOTION
was lost, said item was heard in the normal course of the Agenda.
- 28 -
Item IV-F.2.f.
PUBLIC HEARING
PLANNING ITEM # 31295 (Continued)
Senator Moody E. Stallings, Stallings and Richarson, P.E. - Attorneys and
Counsellors at Law, Beach Tower Suite 500, 3330 Pacific Avenue, P.O. Box 1687,
represented the applicant and proffered additional conditions.
OPPOSITION:
Theodore Eugene Thieman, Jr., 1464 Campbells Landing Road, Phone: 426-6520
Nicholas A. Xenakis, 1436 Campbells's Landing Road, Phone: 426-5303,
distributed information, map of the immediate area, statement and petition in
OPPOSITION. (Said information is hereby made a part of the record.)
A MOTION was made by Councilman Sessoms, seconded by Councilman Heischober to
ADOPT an Ordinance upon application of BACK BAY SPORTING CLAYS, INC. for a
Conditional ljsp P@,-ii- for a recreational facilitv of an outdoor nature (clav
pigeon shooting range) on the bouth side of Campbells Landing oad, 4752 feet
more or less East of Morris Neck Road, containing 20 acres (PUNGO BOROUGH) with
the Conditions as recommended by the Planning Commission and the additional
conditions: (1) Conditional Use Permit shall be for a period of one year. (2)
No operation on Sunday (3) Hours of operation shall be from 10:00 A.M. to 6:00
P.M. (4) No alcohol shall be consumed on the premises. (5) There shall be no
shotguns greater than 12 guage.
A SUBSTITUTE MOTION was made by Councilwoman McClanan, seconded by Councilman
tioss to DENY an Ordinance upon application of of BACK BAY SPORTING CLAYS, INC.
for a Conditionnl fl,@ P@,-il for a recreational facilitv of an outdoor nature
(clay pigeon shooting range) on the boutft side of Campbells Landing Road, 4752
feet more or less East of Morris Neck Road, containing 20 acres (PUNGO BOROUGH)
Voting: 3-3 (MOTION LOST TO A TIE VOTE)
Council Members Voting Aye:
Reba S. McClanan, John D. Moss and Mayor Meyera E.
Oberndorf
Council Members Voting Nay:
Albert W. Balko, Harold Heischober and William D.
Sessoms, Jr.
Council Members Abstaining:
John A. Baum and Barbara M. Henley
Council Members Absent:
Vice Mayor Robert E. Fentress, Nancy K. Parker and
John L. Perry
Council Members Baum and fienley ABSTAINED as they do business with the owner of
the property, Frank Wiiliams.
- 29 -
Item IV-F.2.f.
PUBLIC HEARING
PLANNING ITEM # 31295 (Continued)
A MOTION was made by Councilman Sessoms, seconded by Councilman Heischober to
ADOPT an Ordinance upon application of BACK BAY SPORTING CLAYS, INC. for a
Conditional Use Permit for a recreational facility of an outdoor nature (clav
pigeon shooting range) on the South side of Campbells Landing Road, 4752 feet
more or less East of Morris Neck Road, containing 20 acres (PUNGO BOROUGH) with
the Conditions as recommended by the Planning Commission and the additional
conditions: (1) Conditional Use Permit shall be for a period of one year. (2)
No operation on Sunday (3) Hours of operation shall be from 10:00 A.M. to 6:00
P.M. (4) No alcohol shall be consumed on the premises. (5) There shall be no
shotguns greater than 12 guage.
Voting: 3-3 (MOTION LOST TO A TIE VOTE)
Council Members Voting Aye:
Albert W. Balko, Harold Heischober and William D.
Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan, John D. Moss and Mayor Meyera E.
Oberndorf
Council Members Abstaining:
John A. Baum and Barbara M. Henley
Council Members Absent:
Vice Mayor Robert E. Fentress, Nancy K. Parker and
John L. Perry
Council Members Baum and Henley ABSTAINED as they do business with the owner of
the property, Frank Williams.
- 30 -
Item IV-F.2.f.
PUBLIC HEARING
PLANNING ITEM # 31295 (Continued)
Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City
Council SCHEDULED RECONSIDERATION for the City Council Meeting of June 26,
1989, of an Ordinance upon application of BACK BAY SPORTING CLAYS, INC. for a
Conditional Use Permit for a recreational facility of an outdoor nature (clay
pigeon shooting range):
ORDINANCE UPON APPLICATION OF BACK BAY SPORTING
CLAYS, INC. FOR A CONDITIONAL USE PERMIT FOR A
RECREATIONAL FACILITY OF AN OUTDOOR NATURE (CLAY
PIGEON SHOOTING RANGE)
Ordinance upon application of Back Bay Sporting
Clays, Inc., for a Conditional Use Permit for a
recreational facility of an outdoor nature (clay
pigeon shooting range) on certain property located
on the south side of Campbells Landing Road, 4752
feet more or less east of Morris Neck Road. Said
parcel contains 20 acres. Plats with more detailed
information are available in the Department of
Planning. PUNGO BOROUGH.
Voting: 4-2
Council Members Voting Aye:
Albert W. Balko, Harold Heischober, John D. Moss and
William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan and Mayor Meyera E. Oberndorf
Council Members Abstaining:
John A. Baum and Barbara M. Henley
Council Members Absent:
Vice Mayor Robert E. Fentress, Nancy K. Parker and
John L. Perry
Council Members Baum and Henley ABSTAINED as they do business with the owner of
the property, Frank Williams.
The City Clerk will ADVERTISE this SCHEDULED RECONSIDERATION.
- 31 -
Item IV-F.2.g.
PUBLIC HEARING
PLANNING ITEM # 31296
Jahn Summs, 127 South Witchduck, Phone: 439-3275, represented the applicant
and advised private alleyways is a nationwide trend. The private alley would
be one-way and ten feet of paved area. There would be no parking in the alley,
merely accessibility to the garages.
Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City
Council APPROVED the application of FIRST COURT ROAD, INC. for a Variance to
Section 4.1 (m) of the Subdivision Ordinance at the southeast intersection of
First Court Road and Pleasure House Road.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for First Court Road, Inc.
Parcel is located at the southeast intersection of
First Court Road and Pleasure House Road. Plats
with more detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.
The request for Variances to Sections 5.2 and 5.6
of the Subdivision Ordinance, involving
improvements to First Court Road, were not acted
upon. The applicant is investigating a cost sharing
agreement with City administration and these
variances will not be required".
This APPROVAL only entailed Variance to Section
4.1(m) of the Subdivision Ordinance.
*As per request of Councilman Moss, the City Staff will advise the nature of
these cost participations.
The following condition shall be required:
1. A driveway shall be provided to each individual lot
from the public streets.
Voting: 8-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Mayor @leyera E. Oberndorf, and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Robert E. Fentress, Nancy K. Parker and
John L. Perry
- 32 -
Item IV-F.2.h.
PUBLIC HEARING
PLANNING ITEM # 31297
Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Cuncil
DENIED:
Ordinance to amend and reordain Article 4, Sections
401 and 402 of the City Zoning Ordinance pertaining
to Principal and Conditional Uses.
Voting: 8-0
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, and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Robert E. Fentress, Nancy K. Parker and
John L. Perry
Item III-F.2.h.l. and ITI-F.2i. were voted upon together.
33 -
Item IV-F.2.h.2
PUBLIC HEARING
PLANNING ITEM # 31297
The following spoke in SUPPORT of the Agricultural Lands (Rural Services) Area
Overlay District
Jan Eliassen, 1472 Mill Landing Road, Phone: 426-7102@ represented the Back
Bay/Pungo Civic League. Jan Eliassen read into the record the Statement of the
Back Bay Pungo Civic League. The league supports the interim adoption of this
Ordinance with two reservations. (Said statement and petition is hereby made a
part of the record)
NEUTRAL:
Wes Gardner, 6520 Knotts Island, Phone: 721-3477, did not agree with the 20-
acre minimum. There is also too much of an impact on the Back Bay area.
OPPOSITION:
Hubert L. Dail, 2865 Seaboard Road, Phone: 721-2766, advised there has not
been an organization which has endorsed "no growth".
Joseph Burroughs, 2893 Seaboard Road, Phone: 426-6035 advised the State of
Virginia's agriculture is based into grain.
Ron Makela, 2225 Wake Forest Street, Phone: 481-3183, represented the Council
of Civic Organizations.
Upon motion by Councilman Baum, seconded by Councilwoman Henley, City Council
ADOPTED:
Ordinance to Amend and Reordain the City Zoning
Ordinance of the City of Virginia Beach, Virginia
Agricultural Lands (Rural Services) Area Overlay
District
Voting: 7-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, John D. Moss, Mayor Meyera E.
Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Vice Mayor Robert E. Fentress, Nancy K. Parker and
John L. Perry
AGItICUI;I'UltAL IANDS OVEIILAY DIS'I'ITICT OIIDINANCE
('['I'Y OF VIftC.INIA I)EACII
Oi,diii.itkee Niiiiibei-
Willtltl!ASP tile (,'ify I)f Vilgiiiiii B(-,ACII tltl()I)ie(i n
2 Cojiipi-elicitsive lllan in iiiiiunry 4)r 1985;
3
4 WilEftEAS, tlie Cuiiipielietisive Plan piovides tlint ifie
5 clini-actei-, Ima(loti and itingiiitude of giowth and develol)iiieiii In flie
6 nglit!lll(tll@ni lnti(in nien sli(itild be liiiiiied i(o tliiii wlilcli cotil(I be 1)k-I)vlded
7 wi(ii aii acceptable level uf service by a i-iiial rund tie(,Aoi@k, liidlvldtini ivells,
8 -;el)tic titiolts fill(i liatillcil I)ollce, nii(i file I)II)ICC(il)ll;
9
0 WIIEIII@SP tile Ct@llll)rellelli;lve flian pul)vltles tlint tile
I ciiiii,iictei,, II)CII(II)II nii(I litillillti](IC 1)1' pi(iwilt nii(i (levelt)l)iiiejt( lit (lie
2 agi-icultui-al laiids nien sliuultl be lititited to ilint which Is cuiiil)atlble witli
3 lite exiitil)g plitl I)III[tile(I ilgilctil(tilill li@-mg Ill tlic ogi-ictilitiiiii liopitis niens
4
5 WilEltLrAS, ilie Cuiiil)ielieiisive rinii 1)i-uvi(led tlitit tile
6 clisil-liciet-, l(itillii)ll liffil iffiigili(ll(le (Jr p
, I . I I ii r (11 Hilt) flevi!ltjl)lklellt lit file
7 agi-leul(uiiil lolldg nien @liotil(I I)e Iiiiiiied I() tlint "Ilitil will itot linve aii
8 advei-se litil)iict till tile lititiolill Clivii(iiiiiietit lit tlie ngticitittiinl lnfids ni@ell-,
19
0 IVIIIItl@tS, (lie Ct)iiil)ielieiisli-e ]'I"ii lpiovitled flifit tlle
I "gilciliteiiiii CCI)Ilollly existliig 111 tlic City l@q n vititi nii(i liiil)i)itjillt I)Iili or
2 llie CI(yls ecutioiiiy niid tliitt a (11@-ei-se ecujiuitty Is liiti)i)i-talit to tlle ii'ell-
23 beiitg of (lie cltlzeiin (if tlie ('I(j, oti(i tlie ecoiioiiilc iegit)ti of wlilcli ilie Clty
24 Is a I)al.(;
25
26 IVIII@@ItRAi,
27 Collil)relieiislve llliiii iieie liiil)lellieil(e(i 1)3 clinliges Iii zoiiiiig iiiid stib(livigi()Il
28 I-egiiiiltltiils al)l)llcnl)le to tlic ill't-iciiiiiiiiii Iiiiiiii nien;
29
30 IVilEitElks, tlfe clitiiiges iii zoitliig niid siilxflvlsit)il regifin(folis
31 cielite(i ijivigifolit E.t)llllict iiii(i liliglitll)li lit tfie (:ify iestillifir lit flie
32 exl)eiidi(iiie or ilull(liells of (liollstiittls of dollitig to deteiid tlie
Coinlitelieiisive Ilititi aiid Its liiil)leiiieiitittloil',
2
3 IVIII@iti@AS, tlic City Ct)tlllcil 4)f tile Clty fills defol-iiiiiied ilint
4 (lie Cily iieeds n less.(Ilvlglve, less-expeiisive iiieniis of Iiiil)leiiieitililg tile
5 C(iiiil)ielieiisive ]lliiii iiiiii illiecte(i lite ('Ity Adiiiiiilntinti(iii (t) ct)iitirill tile
6 vitlility uf tlic (,'Ity's iigiicliltliiiil 111(itistl.y, tile lieiiritivily iir ille
1 eiivitt)lllllelitnl cts)r (lie iiiritl services nren, ie.-c-vnlltnte file flirents
8 ti) tlie Cily pusetl by glovitil foliti tievelol)jllellt Ill flit ngricul(iii-ill ltill(IR ni-en
9 and to eat-it otit a stidy fir nlieriintive gv'ow(ll ilinnngelliciii 01)1)1.unclles to
0 llill)lelllelltillg tile Cl)[Ill)leliellrl%.e I'llill;
1
2 WilEftEAS, tlie Cily Adiiil)tlgti-ation cnrlrled out a stu(ly of tlie
3 witailly of file agilctiltiliiil 111(lils(i-y nii(I (leiii(instinte(i (lint ngi ltitiftire lit llic
4 rural $el-vices al-en ur file Clty 19 n vitill coiltlx)ltent t)f tile local ecuiluilly
15 Witik n stioiig CC(litolitic 111(tlit-;
16
17 IVIlt@ItIFAS, (lie City A(iiiiiiilg(i ii(it;vi cari'led otit n sttidy or tlie
18 sellslil%,Ity t)l Ill ilie ligilctilligitil liiii(in tiieil lititl
19 deiiioiistittte(I iiiiii tlie ltiiid iiiid iititer oesouices of tlie nien ni-e exticiliely
20 seiisitive to (Icgl)4)lllltilln I)Y Stll)tllljiiii l(iiid develul)iiiciit;
21
22 NI'IILITEAS, (lie Uit3, Adiiilitis(in(lun cnrrietl I)lit n stildy Of tlic
23 tlirents pose(] Ito tite lin(ifiitl cilvifl)liitieiit nit(i tlie ngileiilttiiitl lii(Itisti-Y Ill
24 (lie agi-letiltiii iii lnii(Is ni en iiitd tie(eriiiiiie(i tlint exis(Ing I)Rtterlis ()r gl'Owtll
25 011(l citi@i-eilt (Itiltls Iii file (-Ilill iicler, locniloll nit(i iiiigiii(tide or (level(il)iiien(
26 .1)(ise un filleiit (u ille! gi)nis, Im)iicies niti otijeeti%.es or tile
27 C(lilll)lellellsive I'llill Ill teiiiis I)f (Ieql)olltitl(iii of Init(I niid iiater lest)lll,cei,
28 telilli (if I;(,Ivit,e tleiiiilfiil.@ ill (.,I(E,Vqq ;)l ille Cill)i%CIIY iti@ n iiiiiii geltl(,OR
29 systeiii, Iii leiiiks of n Iiiii(i iise 1)ii(terii (lint Is liictiiiiltntible nitli agilcliltiil-e;
30
31 tlic (]ty A(Iiiiiiiistitilit)ii taitied otit n otti(iy or
32 ni(euillitive glosilli itilifiligeiiielit nl)l)l.ollcllcq to livil)ieiiieiiiiitli)ii of tlic
33 Coilll)lt!llell.;Ive I'llill nii(I (lie tioe 4)f (iniiml'eiiil)le
34 riglits as Et giusvih iiiniiiigeitieiit tool fur (lie Ultj;
35
36
WIILFREAS, tite City Ci)ul icil ptoim)sed a chnrter aiiieiidiiient
2 to tile legi@Intilie cts)r tiie sitite )r vi,giiiin to nutloolize tile use uf
n veloi)lllellt riglit I)Y tile City
tiiiiisfe-i-' ble tic Fi
4
9 Will@ItEAS, ilie CIly, delnil(.(l Rtill]Y of I)Iesejlt niitl blitire
6 water deiiiiiii(I Iii tlie City iiii(I tite iegioi, or wlilcit It Is n I)iiot niid file
7 altel-liiitlves aviiiinble I'(ii- 4)1)(aiiiiiig a stistninnble source of wnter, fins
8 coiiiiiii(ted t(i n loiig (et ill 1)1 ogo niti loi- tlje I)i ovisloii ut 1H)tnble 'Kftter I() (lie
9 City ktif)wn as flie Lake (;Ilstt)ll 1)[0ject, A-liei-eby mater froiti LAke Clistoil
0 lit BtunswickColillly would be cuilveyed 11) tlie City by a liil)eline;
11
2 WilLt)IEAS, Vii gliiin LAIW nlloliSBrLu@ck C()uiity to deteriiiliie
13 wlictlici- i(i nivi@iove flie Cily'R l,iike (,'Ilsfoll I'loject nii(i tite Cotiiify, fic@qljl(e
14 tlie City's deiiioitstinllt)ii of (lie siibstniitive nietlt,9 of tlie take Gnstoii
is Ill.ojecl, (lellicti tlie CI(Y's 111)1)1!Clltlllll f'(Il- nl)l)rt)Vill;
16
17 IVilEftEikS, tlif, ifeiiitil i)f tlie ('Ity'n lake (instuti Pi-oject 1)uses
18 n sciii)toq fliielit lo (lie I)IIIJIIC lienfili, stil'eiy filid vvelf'nle fir tlic ('ify nii(I
19 requii-es tlse CI(y lu liiiiiiedintel), ttike stelis to pri)(ect exlstliig njid I)f)teiitlnl
20 wittel- floill I)Iellilllllle or iiiiiiire exl)lt)liltflq)n IFICIII(Illig 111(livitlilill
21 wells;
22
23 @villi"ItIPAS, lite 111(@lt ol' liviiiinble cnl)nclty t)f lpipblic iiiktt.-t-
24 syqteillg will eitcollinge llici-ensed gioii[li njid dei,elt)piiient In tlic "griculitio-al
is Iiiii(lq nien t)ii ltitlivi(itini
26
27 IVilEitLAS, filecity to llqe
28 iiiiiisl@itilple I lglilq, lliiitf;e "nt lstl)le(l lililefliiltely ,;Io
29 Ilint a gtudy cuiiiiiiit(ee of tfie liouse Cuiiiiiilttet oit Cities nud Coutitleg
30 cotil(I wtiik vvltli [lie (Ii), to qtll(ly tite ci@,icel)t )r ti-nitsl'einble (leveloililielit
31 tiglits niid 1)iel)iiie n ticiiiii(ive (iiiiisl'eitible tlevelul)tiielit ligii(S I)Iugrnill rl)r
32 tlie Ci(y;
33
34 I'VllltltEAS, (lie City Is uiideitaki[ig na xil)dnte of (lie
3.1; Colltl)lellelislve I'llill Ill t,egnv,(l to tlle filienteile(i ngrictil(iiiiil Iiiii(Ig itien
36 wlilcii Is eXI)eclc(l ((i till@e iii)l)loxil)lntcly iiiie @eiii;
I WHEREAS, coiiiiiiise(i gi@owth und develol)lllent Ill tlle
2 ilgilciolititsil lsitiolf; niell ilint n(lvei-qely ii(fecif; Iniiii niid ivnier i-eniviii-ceg, Is
3 liicolisl.-;ttikt witit ngi-iciiiiiiiitl tose, illill tiel)elltls tiixiii ltidividiiiii water wells
4 aiid can nut be served by n rutal sei-vices systeiii IH)ses a serious sild
5 liiiiiiediiiie tititat (i) flie 1)iiblic lienilli, Filifety and
6
7 NOW I'IIERLFORF, I'UE CI'I-Y COUNCIL OF 'I'RE Cfllt OF VIRGINIA
8 BMCII H UtEtBY FINI)G AND OIWAINSI
9
to Sectioll 1. '111111 Oiti[iiiiiice sliilll I)c eii(ille(i nii(i iiiny be teferic(l to as tile
11 Agricuittiral Laiids Aiva Ovei-lay Dis(i-ict Oidiiiniicc".
12
13 Sectioil 2. 'llic Rtilt(!Illellls SLt olit Iii tlic iiiieictil tin,imer of lials 01(litintice
14 are ti-tie niid ct)iiect all(i al@e il(lul)tetl by tiie Coiiiicil ns iiiidliigs I)f fact and
Is nic lli(:I)ll)illn(c(f ficielit.
16
17 Sectlf)ll 3. 'llie Zq)iiietg Oi(iiiiniice t)f iiie ciiy t)r virginin Dencfk Is fiet-eby
18 niiieiitied to a(itl tlie flilll)slillg llifigiitige ii) itie Oitliiinileet
19
20 Sec(loii 400.05. A tictLt@till,"A ptifty trict
21
22 A. ruil) )ue aiid lii(eii(,
23
24 'llie 1)iiil)uge of tlie Agilcultilral Laii(Is Ai-ea Oveiltiy ])Igtrict
25 Is 1(0 lilotec( tlie eilvitolliticillill [iii() agiletiltitiol reqt)tirceiq of (lie rtitnl
26 itiens of (lie Cily of Vilgliilli Beficli ftoili lticoiiil)atlble giovvtlt aild
27 develoliikieitt.
28
29
B. Applicability
The Agricultural Lands Area overlay District shall apply to all
lands within the City of Virginia Beach designated AG-1 and AG-2.
Notwithstanding any other provision of the Zoning Ordinance or
Subdivision Ordinance of the City of Virginia Beach, no property
shall be subdivided in the Agricultural Lands Area Overlay District
except in strict conformance with the procedural and substantive
requirements of this overlay district. However, nothing in tllis
ordinance shall be construed as prohibiting the issuance of a
building permit to which a property owner would otherwise be
entitled without this overlay district in place.
In addition to any other provision of any city ordinance, rule or
regulation of the City of Virginia Beach, all development in the
Agricultural Lands Area overlay District shall comply with each
and every requirement of this section. In the event of any conflict
between the requirements of this section and any other provision
of any city ordinance, rule or regulation, the provisions of this
section shall control.
C. Subdivisions Permitted As of Right
Notwithstanding the remaining provisions of the Agricultural Lands
Area Overlay District, the following subdivisions shall be permitted
of right in accordance with procedures set forth in the Subdivision
Ordinance of the City:
1. Any subdivision that does not result in the creation of a new
lot
2. Any subdivision where all lots created are occupied by a
single family dwelling in existence at the time of this ordinance
3. Any subdivision where all lots created are at least 20 acres
in size and 300 feet in width
4. Any single lot or parcel existing at the time of adoption of
this ordinance may be subdivided for the purpose of creating
one additional lot consisting of at least one acre of area
and 150 feet of width
D. Special Exceptions to Requirements Contained in the Agricultural
Lands Area Overlay District
Notwithstanding the limitations of Section C Agricultural Lands
Area Overlay District, the City Council may approve an application
for a special exception authorizing subdivisions In ttie Agricultural
Larids Area Overlay District in accordance with the requirements of
the underlying zoning districts pursuant to the zoning and subdivision
ordinances of the City, provided that the application demonstrates:
i. The proposed development will not, individually or
cumulatively, create public services demands that exceed
the capacity of a rural services system; for the purposes
of this ordinance an area served with "rural services"
shall mean an area that is served with two-lane shoulderless
roadways, without curbs or street lighting, without
library, fire, or police facilities In the immediate
vicinity and characterized by a low fire and police
protection rating;
ii. Tlie proposed development is located and desigried so tilat
ttie proposed development is compatible with surrounding
agricultural uses;
iii. Tlie proposed development will provide surface water
management in the form of 100% on-site retention;
iv. The proposed development does not involve the construction
of any paved road;
V. The proposed development will not create a precedent for
additional development that is incompatible with
agricultural use or has service demands that, individually
or cumulatively, exceed the service capacity of a rural
services system; and
vi. Ariy individual water wells to be drilled or used for ttle
proposed development will not, individually or cumulatively,
result in a cone of depression in the aquifer for which
water withdrawal is proposed.
Procedure for application for special exception pursuant to this
section shall be in accordance with Section 9.4 of the Subdivision
ordinance.
E. Effective Period
The Agricultural Lands overlay District shall remain in effect
until superceded by subsequent action of the City Council. Within
ninety (90) days after the adoption of an updated Comprehensive
Plan, this ordinance shall be arnended to bring it into compliance
with the Comprehensive Plan.
ADOPTED: May 22, 1989
- 34 -
Item IV-F.2.i.1
PUBLIC HEARING
PLANNING ITEM # 31298
Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council
DENIED:
Ordinance to AMEND and REORDAIN Section 3.2 and 3.3
of the Subdivision Ordinance re procedures for
approval of preliminary and final subdivision
plats.
Voting: 8-0
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, and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Robert E. Fentress, Nancy K. Parker and
John L. Perry
Item III-F.2.h.l. and III-F.2i. were voted upon together.
- 35 -
Item IV-G.I.
UNFINISHED BUSINESS ITEM # 31299
ADD-ON
On January 16, 1984, the City Council ADOPTED Ordinances upon application of R.
G. MOORE for Changes of Zoning which included the Kempsville Greens Golf Course
zoned as PD-H2 Planned Unit Development District. The original land use plan
entailed town houses being built along with the golf course and interdispersed
with ten four-story mid-rise condominiums on four separate parcels of land. On
May 29, 1987, the Dragas Companies requested a MODIFICATION to the land use
plan of the undeveloped condominium properties at Kempsville Greens, Parcels C,
D, E and F. Said request was administratively APPROVED on June 8, 1987.
The City Manager advised there are residential homes surrounding the Golf
Course being impacted by the nature of the land use. Some areas where minor
modifications to the golf course in the form of shrubbery, repositioning of the
direction of golf tees and the planting of certain trees to provide additional
buffer, but there is little to dramatically change the probability under
certain circumstances, a ball might be "hooked or sliced" into a particular
residential unit. The City did not believe the dwelling units in Section E
would be dramatically impacted because of its position behind the Green. Along
the area of Section F (Fairway Section), there is a greater likelihood, a
golfer might slice into some of the area where the residential development is
proposed. In that area a combination of plantings and possibly the useage of
mesh screen installation could be used. There is always the possibility of
purchasing and if appropriate, condemnation of some units. The City Staff has
outlined to the City Council said units. However, this would only simply add
another 45 to 50-foot wide buffer area and it will not change the fact the
units behind those could be impacted by the operation of the Golf Course.
Assistant City Attorney William Macali advised of a meeting, Friday, illay 19,
1989, with Attorney Allen Frieden - Council for DRAGAS, Tom Hansen - Vice
President for DRAGAS, and Staff representatives of the Department of Parks and
Recreation.
The following spoke with reference to the administrative approval of the Land
Use Modification GRANTED the DRAGAS COMPANIES:
Harold B. Booterbaugh, 4847 Kempsville Greens Parkway, (1909 Baltic Avenue)
Phone: 428-2000, President of the Kemspville Greens Civic League
Attorney Alan M. Frieden, 1600 Crestar Bank Building, Norfolk, Phone: 625-
1411, represented the DRAGAS Companies.
Upon motion by Councilman Moss, seconded by Councilwoman Henley, the City
Council AUTHORIZED:
The City Manager shall SCHEDULE for a future City
Council Meeting appropriate recommendations for a
later City Council Meeting to assure the public
asset can be protected (Kempsville Greens)
The City Clerk shall NOTIFY the affected parties the date these recommendations
are SCHEDULED.
- 36 -
Item IV-G.l.
UNFINIS14ED BUSINESS ITEM # 31299
ADD-ON
Voting: 5-3
Council Members Voting Aye:
Albert W. Balko, Barbara M. Henley, Reba S.
McClanan, John D. Moss and Mayor Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum, Harold Heischober and William D.
Sessoms, Jr.
Council Members Absent:
Vice Mayor Robert E. Fentress, Nancy K. Parker and
John L. Perry
- 37 -
Item IV-11.1.
APPOINTMENTS ITEM # 31300
ADD-ON
Upon motion by Councilman Baum, seconded by Councilman Balko, City Council
CONFIRMED Mayor Meyera E. Oberndorf's REAPPOINTMFNT f:
VIRCINIA BEACH F'OUNDATION
DISTRIBUTION COMMITTEE
Robert A. Lawson, Jr.
(2-year term)
Voting: 8-0
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, and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Robert E. Fentress, Nancy K. Parker and
John L. Perry
- 38 -
Item IV-I.l.
ADJOURNMENT ITEM # 31301
Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the
Meeting at 9:50 P.M.
Beverly @. Hooks
Chief Deputy City Clerk
@th Hodg@s Smith, CMC
Me@y@r. Obern
City Clerk Mayor
City of Virginia Beach
Virginia
- 37 -
Item IV-ti.1.
APPOINTMENTS
ITEM # 31300
ADD-ON
Upon motion by Councilman Baum, seconded by Councilman Balko, City Council
CONFIRMED Mayor Meyera E. Oberndorf's REAPPOINTMENT of:
VIRGINIA BEACH FOUNDATION
DISTRIBUTION COMMI12~E
Robert A. Lawson, Jr.
(2-year term)
Voting: 8-0
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, and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Robert E.
John L. Perry
Fentress, Nancy K. Parker and
May 22, 1989
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Item IV-I.i.
ADJOURNMENT
ITEM # 31301
Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the
Meeting at 9:50 P.M.
Hooks
Chief Deputy City Clerk
R%th Hodges Smith, CMC
City Clerk
Mayor
City of Virginia Beach
Virginia