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APRIL 24, 1989 "WORLD'S LARGEST RESORT CITY" CITY COUNCIL -IOR M@E- E -MWU, Al L-, VICE MAYO@ .MRT E. FEW@. -h @@h MUM, H@OM Al S, D -Y . I-R. A. L-, JOHN L PE@Y, &,- -1@ WIW" D @M@. I., 281 CFTY HALL BUILDING MUNICIPAL CENTER A-@Y V JR,, 'ill CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 234M-9002 j D@ @--, @il, @@ (804) 427-4303 @VIH -. @.IH, CMCI-, li@ C@@ APRIL 24, 1989 ITEM 1. CITY COUNCIL WORKSHOP - Conference Room - 3:00 PM A. FY 1989-1990 OPERATING BUDGET ITEM 11. CONFERENCE SESSION - Conference Room - 5:00 PM A. CITY COUNCIL CONCERNS ITEM Ill. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER - %yor Nbyera E. Oberndorf B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM IV. FORMAL SESSION - Council Chamber - 6:00 PM A. INVOCATION: Reverend J. D. Seward Brook Baptist 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 - April 17, 1989 2. PUBLIC HEARING - FY 1989-1990 OPERATING BUDGET - April 18, 1989 E. RESOLUTION 1. Resolution approving terms of the $13,000,000 Water and Sewer Revenue Bond, Series of 1989, ot the City of Virginia Beach, Virginia; and ratifying the City Council's authorization on April 17, 1989. F. ORDINANCES 1. Ordinance upon SECOND READING to ACCEPT and APPROPRIATE a $4,000 State Literary Grant by the Commonwealth Into the FY 1988-89 Operating Budget of the Library Department. 2. Ordinance upon SECOND READING to authorize and agree to APPROPRIATE $232,000 for the purchase of a fire station site in Oceana West Industrial Park from the Virginia Beach Development Authority. 3. Ordinance upon FIRST READING to APPROPRIATE $646,381 to the Police Department for the purchase of a helicopter. G. PUBLIC HEARING 1. PLANNING a. Application of DOROTHY WHEATON 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 North side of Owl's Creek Lane, 280.06 feet East of South Birdneck Road (LYNNHAVEN BOROUGH). Recommendation: APPROVAL b. Application of VIRGINIA WESLEYAN COLLEGE for a Conditional Use Permit for a private school (college) at the Southwest Intersection of Wesleyan Drive and Baker Road (5817 Wesleyan Drive), containing 201 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL c. Application of EAST COAST GUN AND SUPPLY, INC. for a Conditional Use Perrnit for an indoor recreational facility (pistol range) at the Northwest corner of London Bridge Road and Bowland Parkway (513-519 London Bridge Road), containing 1.31 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL d. Application of RICHARD A. RINER for a Conditional Use Permit f or a gasol ine serv Ice station on the East side of North Lynnhaven Road, North of the Intersection with Kings Grant Road (428 North Lynnhaven Road) , containing 36.721 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL e. Application of SUZUKI OF VIRGINIA BEACH, INC. for a CondTtional Use Permit 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). Recommendation: APPRO"L f . Application of VIRGINIA BEACH EDUCATIONAL BROADCASTING FOUNDATION, INC. for a Conditional Use Permit for a radio broadcasting station and communications tower antenna on the South side of Virginia Beach Boulevard, 1100 teet East of Groveland Road (3177 Virginia Beach Boulevard), containing 7.9 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL g. Applications of LIBERTY PROPERTIES, INC. on property located on the North side of Holland Road beginning at a point 8090 feet West of Princess Anne Road (PRINCESS ANNE BOROUGH): Change of Zoning Distrlct Classification from AG-2 Agricultural District to R-10 Residential District, containing 7 acres; AND, Change of Zoning District Classification from AG-1 Agricultural District to R-10 Residential District located 600 feet North of Holland Road, containing 46.492 acres; AND, Conditional Use Permit for open space promotion, containing 105.073 acres. Recommendation: APPROVAL h. Appl ication of GRAYSON M. WHITEHURST, JR. 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 South side of First Colonial Road at the intersection with Mill Dam Road (LYNNHAVEN BOROUGH). Recommendation: APPROVAL i. Application of CENTEL CELLULAR COMPANY for a C)Onditional Use Pennit for a radio tower with related support facilities located on the North side of Indian River Road, 1450 feet West of Princess Anne Road, containing 1.257 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL J. Application of METROVEST, INC. for a Change of Zoning District Classification from R-5D Residential Duplex District to 0-1 Office District located at the Northwest corner of Princess Anne Road and Bellingham Road, containing 17,195 square feet (KEMPSVILLE BOROUGH). Recommendation: DENIAL k. Application of FERRELL PARKWAY ASSOCIATES for a Chan_qe of Zoning District Classification frcxn R-20 Residential District to 0-2 Office District located at the Southwest Intersection of General Booth Boulevard and Strawbridge Road, containing 16.6 acres (PRINCESS ANNE BOROUGH). Recommendation: DENIAL 1. Application of FRANK T. WILLIAMS for a Change of Zon!nEL District Classification frorn AG-1 Agricultural District to AG-2 Agricultural District located on the North and uth sides of Three Pine Lane beginning at a point 576.97 feet South of Nanney's Creek Road, containing 11.636 acres (PUNGO BOROUGH). Recommendation: DENIAL m. Appl ication of PETER W. MARTONE for a Variance to Section 4.4(b) of the Subdivision Ord inance which requires al I lots created by subdivision to meet al I requirements of the City Zoning Ordinance, located at 3040 Little Haven Road (LYNNHAVEN BOROUGH). Recommendation: DENIAL H. UNFINISHED BUSINESS 1. NEW BUSINESS 1. Appeal of the Planning Director's April 30, 1989, expiration for a one-year toinporary use period for boat storage at Shore Drive and Marlin Bay Drive in the Bayside Bc)rough In the application of F. Wayne McLeskey, Jr. and Mortons Baye Corporatlon. (The applicant requests a ninety-day extension of this use for temporary boat storage.) J. ADJOURNMENT FY 1989-1990 OPERATING BUDGET SCHEDULE APRIL 25, 1989 7:00 PM PUBLIC HEARING FY 1989-1990 OPERATING BUDGET (Pavilion - Meeting Rooms) MAY 1, 1989 11:00 AM - 1:00 PM RECONCILIATION WORKSHOP FY 1989-1990 OPERATING BUDGET MAY 8, 1989 2:00 PM PUBLIC HEARING AND FIRST READING APPROPRIATION ORDINANCE FY 1989-1990 OPERATING BUDGET (Formal City C)Ouncil Session) MAY 15, 1989 2:00 PM SECOND READING AND ADOPTION BY CITY COUNCIL FY 1989-1990 OPERATING BUDGET (Formal City C)ouncil Session) (All other Sessions will be In accordance with the City Code) Item V-D.l. MINUTES ITEM 31144 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council APPROVED thc MINUTES of the INFORMAI, AND FORMAL SESSIONS of tile City Coillicil Meeting of April 24, 1989, as AMENDED*: 'tPage 33, ITEM # 31124 ORDINANCE UPON APPLICATION OF FERRELL PARKWAY ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-20 TO 0-2 Z04891244 The following shall be included as deed restrictions relative the resale of the office property: 2. Access shall be limited to E;eiiertt4: BE)ob4 Betlevar'- and@@ the intersection of London Bridge and General Booth and access on Ferrell Parlcway where the combined entrance i-s sliown on ConceT)tual Site Plan entitled: er Plaii for uiii.cipal. Faci itles, date(i December 28, 1988 by Krummel and Jackson". 4. The signage shall be monument type wi tli laiidsc,ql)i iif,,. 7. Development design shall be compatible with the structures in the immediale area (Nimmo Church). Voting: 10-0 Council Members Voting Aye: Albert W. Balko, Jolin A. Bauill, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara @t. fienley, Reba S. McClanan, John D.- floss, Mayor f-leyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Jolin L. Perry M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 24, 1989 Tlie VIRGINIA BEACH CITY COUNCIL FY 1989-1990 OPERATING BUDGET WORKSHOP was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday, April 24, 1989, at 3:00 P.M. Council i"lembers Present: Albert W. Balko, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: John A. Baum (ENTERED: 5:00 P.M.) Reba S. IIcClanan (ENTERED: 3:07 P.M.) John D. Moss (ENTERED: 3:20 P.M.) John L. Perry (ENTERED: 3:07 P.M.) - 2 - C ON C E R N S OF T HE MAYOR Item # 31093 Dlayor Oberndorf reminded City Council of the PUBLIC REARING FY 1989-1990 OPERATING BUDGET In the PAVILTON Meeting Roonis at 7:00 P.M. on April 25, 1989. ITEM # 31094 Mayor Oberndorf referenced Reception of the 1989 U.S. Atlantic Fleet Sailor of the Year Candidates on Sunday, April 23, 1989, hosted by the Mayor and City Council of Virginia Beach. The candidates consisting of young men and one woman were superb. Tribute was also given to the memory of those killed on the USS IOWA. Five Admirals expressed appreciation to the City Council for this occasion. "layor Oberndorf extended compliments to William J. Holloran, Jr., Executive Director of the Virginia Beach Council, Hampton Roads Chamber of Commerce, and his staff in the co-ordination of this event. - I I - IT EMS OF T HE C IT Y MANA GE R Item # 31095 An FY 1989-1990 OPERATING BUDGET WORKSHOP was SCHEDULED for Thursday, April 27, 1989, from 4:00 P.@l. to 6:00 P.M. - 4 - C I T Y C 0 U N C I L C 0 N C E R N S Item # 31096 Councilman Balko referenced "water saver" toilets and suggested initiating an Ordinance relative new construction. The City Manager advised this requirement exits in the Plumbing Code for both new and retrofitting. Eighty percent more customers are now on this system than in 1980 with only 20% more water being utilized. Item # 31097 Councilman Perry referenced his request to the Police Department to patrol Burton Station Road in a more efficient manner. Item # 31098 Councilman Perry expressed appreciation relative the Gracetown Chronology prepared by C. Oral Lambert, Jr., however, the riost important part was omitted. Councilman Perry advised copies of all the correspondence from GraceLown, Oral Lambert and Langley and McDonald would provide information relative the "cause and effect". ITEM # 31099 Councilman Perry referenced the possiblity of erecting a sign stating "stop on red here": on Northampton Boulevard at Norwich Avenue. From 12:00 NOON to 7:00 P.M., there are anywhere from 10-12,000 cars passing this one spot. ITEM # 31100 Councilman Sessoms referenced the Budget of the Police Department in connection witti "drugs". This past week, Councilman Sessoms attended two programs relative drug and alcohol abuse. Virginia Beach definitely has a problem. There was a Mayor's Task Force Committee. Councilman Sessoms requested the Committee be reinstated. Mayor Oberndorf advised this was called the Drug Prevention Steering Committee. As Community Services absorbed more of the responsibilities, they indicated the Steering Committee was superfluous. Mayor Oberndorf advised the Committee could have a number of goals, among which should be to support educational programs through the School System and assist the Police in public awareness. TTEM # 31101 Vice Mayor Fentress referenced information contained within the City Council Agenda package relative the Family Life Education Program depicting the process of the community involvement team and the date of the proposed adoption. Vice Mayor Fentress urged all Members to review the present DRAFR. This was mandated by the State and is a difficult process. ITEM # 31102 Councliman Baum referenced the request for a Resolution relative Deer Hunting to be SCHEDULED for the City Council Meeting of May 1, 1989. For years, the Deer Season east of the Dismal Swamp has been earlier and the State wishes now to make it uniform throughout the State. The Deer Hunters in this area want the present time to continue. - 5 - C I T Y C 0 U N C I L C 0 N C E R N S ITFII # 31103 Councilman Moss referenced a Memoranduin from Robert Scott, Director of Planning, relative Conditional Zoning and compliance by July 1, 1989, in accordance with the new State Law. There was a list of questions, but no answers. ITEM # 31104 Councilman Moss referenced an article relative Vocational Education. Councilman Moss, accompanied by Fagan Stackhouse, Director of Personnel, viewed the VoTech facility on Witchduck Road. This program was most beneficial and heavily attended. There is a shortage nationwide of individuals with technical skills. - 6 - ITEYi # 31105 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City flall Building, on Monday, April 24, 1989, at 5:25 P.M. Council Menbers 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 W-'Illiam D. Sessoms, Jr. Council Members Absent: None - 7 - ITEM # 31106 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSTON, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. 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 Vice Mayor Fentress, seconded by Councilman Perry, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold lieischober, Barbara M. Henley, Reba S. licclanan, John D. Moss, Mayor Meyera E. Oberndorf, John L. Perry, Nancy X. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council liembers Absent: None - 8 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL April 24, 1989 6!00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL i. the Council Chambers, City Hall Building, on Monday, April 24, 1989, at 6:00 P.t4. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara @i. Henley, Reba S. McClanan, John D. tioss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Reverend J. D. Seward Brook Baptist Church PLEDCE OF ALJEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 9 - Item IV-C. ADD-ON ITOI # 31107 Mayor Oberndorf expressed the grief of the City Council to the families of those valiant men killed on the USS IOWA. - 10 - Item IV-D.1/2. MINUTES ITEM # 31108 Upon mation by Councilman Sessoms, seconded by Councilman Perry, City Council APPROVED the MINUTES of the INFORMAL AND FORMAL SESSIONS of April 17, 1989 and the PUBLIC HEARING of the FY 1989-1990 OPERATING BUDGET of April 18, 1989. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baur@i, 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 @4embers Voting Nay: None Council Members Absent: None item IV-E.l. RESOLUTIONS ITEM # 31109 Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City Council ADOPTED, AS REVISED: Resolution approving terms of the $13,000,000 Water and Sewer Revenue Bond, Series of 1989, of the City of Virginia Beach, Virginia; and ratifying the City Council's authorization on April 17, 1989. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara l@l. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf", Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council rembers Voting Nay: None Council Members Absent: None *Verbal Aye i 111211 RESOLUTION APPROVING TERMS OF THE $13,000,000 WATER AND SEWER REVENUE BOND, SERIES OF 1989, OF THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, a resolution entitled "Resolution Authorizing the Issuance, Sale and Award of a $13,000,000 Water and Sewer Revenue Bond, Series of 1989, of the City of Virginia Beach, Virginia, and Providing for the Form, Details and Payment Thereof" was adopted by the City Council of the City of Virginia Beach, Virginia, on April 17, 1989 (the "Resolution"); WHEREAS, the Resolution provided that the bond shall be payable in installments on November 1 in years and amounts, together with interest at rates, as determined by Virginia Resources AUthority and approved by the City Manager; provided, however, that the bond shall have an average interest coupon rate not to exceed 10% per year and mature not later than 20 years after its issuance; WHEREAS, the City Manager has approved the maturity schedule and the interest rates for the bond as set forth on Exhibit A; and WHEREAS, the Resolution provided that the City Council shall ratify the maturity schedule and the interest rates on the bond prior to its issuance on May 1, 1989; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The maturity schedule and interest rates as set forth on Exhibit A for the bond and as approved by the City Manager are hereby ratified. 2. The council hereby ratifies and confirms the inclusion of inf the City contained in VRA' '@tatement, dated April 12, 1989, and auth-,i@.@ .@H rnnsents to the inclusion of such information with A's Reoffering Statement in final form, both prepared in connection with the reoffering and sale of "Corresponding Bonds" of VRA. 3. This Resolution shall take effect immediately. Adopted b the Council of the City of Virginia Beach, Y4 April Virginia on the day of 1989. CITY OF VIRGINIA BEACH Virginia Beach is one of the largest and most populous cities in the Common- wealth with an area of approximately 310 square miles and a population of approxi- mately 380,000. The economic base of Virginia Beach is diversified with an emphaSiS on resort and travel, coristruction and real estate, light industry, sales, agriculture and four mwtary bases. Virginia Beach operates a sewage collection system and transmission system of approximately 1,054 miles of main lines and 131 miles of interceptors, transporting sewage to the Hampton Roads Sanitary District for treatment. Virginia Beach also op- erates a water distribution system which consists of approximately 1,152 miles of water transmission and distribution lines. The City currently purchases all of its water from the City of Norfolk. In order to ensure adequate water supplies in the future, Virginia Beach is undertaking the Lake Gaston Water Supply Project which corisists of iristalla- tion of approximately 84 miles of 60 inch pipelin-- f.-om Lake Gaston to the existing Norfolk Moore's Bridge Water Treatment plant. The cost of the project is estimated at $218,000,000 and completion is anticipated in 1993. The City is in the process of litigating certain matters relating to the Lake Gaston Project which will not affect the issuance of the Local Bond. Virginia Beach will use the proceeds of its Local Bond to finance: (a) four- teen water utility projects that are designed to provide safe public water service and fire protection to existing neighborhoods, and to provide additional pressure, flow and reUability to the overall water system, and (b) ten sewer utility projects that are de- signed to provide relief from aging septic tanks and future health hazards in existing neighborhoods, and to provide efficiency for conveying wastewater flow through the sewer system. Virginia Beach is pledging to the payment of the Virginia Beach Local Bond its water and sewer revenues, on a parity with its outstanding water and sewer revenue debt in the approximate amount of $13,140,000. -9- - 12 - Item IV-F.I. ORDINANCES ITEM # 31110 Upon motion by Councilwoman Henley, seconded by Vice Mayor Fentress, City Council ADOPTED upon SECOND READING: Ordinance to ACCEPT and APPROPRIATE a $4,000 State Literary Grant by the Commonwealth into the FY 1988-89 Operating Budget of the Library Department. 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 tiembers Voting Nay: None Council Members Absent: None AN ORDINANCE TO ACCEPT AND APPROPRIATE $4,000 IN A STATE CRANT INTO TIIE FY 1988-89 OPERATING BUDGET OF TITE LIBRARY DEPARTMENT WIIEREAS, the Commonwealth of Virginia has implemented an initiative program designed to attack and reduce literacy throughout the state, and WHEREAS, the Library Department has received permission to apply for grant funding under the state approved Literacy Grant program, and WHEREAS, the state has accepted the Literacy Grant application and approved funding of $4,000 for the Library Departinent, and WIIEREAS, this approved funding will be used to hire a Literacy Trainer to conduct training sessions and to print literacy information. NOW, TIIEREFORE, BE IT ORDAINED BY TIIE COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA, that $4,000 made available from the Literacy Grant by the Commonwealth, be accepted and appropriated into the FY 1988-89 operating budget of the Library Department to be used to hire a Literacy trainer. This ordinance shall be in effect from the date of its adoption. Adopted this 24 day of April 1989, by the Council of the City of Virginia Beach, Virginia. First Reading: April 17, 1989 April 24, 1989 Second Reading: APPROVED AS TO CORTENTS MLS/LIBGRANT.ORD SIGNATUIIE APPR AL tA - 13 - Item IV-F.2. ORDINANCES ITEM # 31111 Upon motion by Councilman Balko, seconded by Councilwoman Parker, City Council ADOPTED upon SECOND READING: Ordinance to authorize and agree to APPROPRIATE $232,000 for the purchase of a fire station site in Oceana West Industrial Park from the Virginia Beach Development Authority. 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 APPROVED AS TO C0141E@4TS tIGNATIJRE First Reading April 17, 1989 DEPART@AF 1, '- ROVED AS TO LEGAL Second Reading A,2ril 94, 1089 !U FICIENCY AND FORM IOIY AT 1 AN ORDINANCE AUTHORIZING AND 2 AGREEING TO THE PURCHASE OF A 3 FIRE STATION SITE IN OCEANA WEST 4 INDUSTRIAL PARK FROM THE VIRGINIA 5 BEACH DEVELOPMENT AUTHORITY AND 6 APPROPRIATING FUNDS FOR THE 7 PURCHASE OF THAT SITE 8 9 10 WHEREAS, the Fire Department of the City of Virginia 11 Beach has determined that a need exists for an additional fire 12 station in the Oceana West Industrial Park area; and 13 WHEREAS, the Development Authority of the City of 14 Virginia Beach has agreed to sell a 2.9 acre site in Oceana West 15 Industrial Park to the City of Virginia Beach, as more 16 specifically shown on the attachments, for use as a fire station 17 site; and 18 WHEREAS, the Authority has agreed to allow the city to 19 credit the principal amount on certain notes owed to the City by 20 the Authority as payment for this site in the amount of $80,000 21 per acre, or $232,000 for the site; and 22 WHEREAS, the City desires to accept the Authority's 23 offer in this matter: 24 25 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE 26 CITY OF VIRGINIA BEACH, VIRGINIA: 27 1. The City hereby accepts the Authority's offer to 28 purchase the 2.9 acre site in oceana West Industrial Park for 29 $232,000, with payment being made to the Authority in the form of 30 a credit to the outstanding principal of the Authority's notes to 31 the City in an amount of $232,000. 32 2. The City Council hereby authorizes $232,000 in 33 appropriations from the General Fund balance for the purchase of 34 that site and directs that principal amount of the Authority's 35 notes to the City be reduced by $232,000. I Adopted by the city Council of the city of Virginia 2 Beach, Virginia, on the 24 day of April , 1989. 3 4 KJC/dhh 5 04/06/89 6 04/12/89 7 FIRESTAT.ORD 8 2 - 14 - Item IV-F.3. ORDINANCES ITFIM # 31112 Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council APPROVED upon FIRST READING: Ordinance to APPROPRIATE $646,381 to the Police Department for the purchase of a helicopter. 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: lione AN ORDINMM To $646,381 TO TM PCLICE DEP FOR THE OF A HKUODPTER the Police Depar@t pravides aerial patrol in the city by weans of two (2) heliccpters which were manufactured in 1966, and , the mntinued use of these helicopters is beooffdng more costly in maintenance and repair, and the age of the units causes ooncern for pilot safety, and the purchase priae of a niore efficient new heliccpter is estimated to be $646,381, and , $153,791 is available for apprcpriation frcin the U. S. Department of Justice Drug Enforcement Agency as the city's share of proceeds frcm confiscated moriey and property as a result of narcotics investigations, and , the remining $492,590 required for the purchase of the helicopter ray be appropriated frcrn the General Fund Balarice. NOiq, , BE IT 13Y THE OOLDUM OF THE CITY OF ww@ ig@, VIWMM, that $646,381 be appropriated to the Police Departmnt for the purchase of a new heliccpter, with $492,590 ccming fr(xn the General Fund Balance and with $153,791 from the increase in estimated revenues from the Federal Gc)vernuent. Adopted this day, the day of 1989, by the Council of the City of Virginia Beach, Virginia. This ordinance shall be in effect frorn the date of its adoption. F@ RERDIW: April 24, 1989 CONTENTS Item TV-G. PUBLIC HEARING ITEM 31113 Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING (a) DOROTHY WHEATON VARIANCE (b) VIRGINLA WESLYYAN COLLEGE CONDITIONAL USE PERMIT (c) EAST COAST GUN AND SUPPLY, INC. CONDITIONAL USE PERMIT (d) RICHARD A. RINER CONDITIONAL USE PERMIT (e) SUZUKI OF VIRGINIA BEACH, INC. CONDITIONAL USE PERMIT (f) VIRGINIA BEACII EDUCATIONAL BROADCASTING FOUNDATION, INC. CONDITIONAL USE PERMIT (g) LIBERTY PROPERTIES CHANGE OF ZONINGS CONDITIONAL USE PERMIT (h) GRAYSON M. WIIITEIIURST, JR. VARIANCE (i) CENTEL CELLULAR COMPANY CONDITIONAL USE PERMIT (j) METROVEST, INC. CHANGE OF ZONING (k) FERRELL PARKWAY ASSOCIATES CIIANGE OF ZONING (1) FRANK T. WLLLIAMS CHANGE OF ZONING (m) PETER W. MARTONE VARIANCE - 16 - Item IV-G.I.a. PUBLIC REARING PLANNING ITEM # 31114 Deborah Wheaton Davis, 267 B London Bridge I?oad, Plioiie: 340-5555, represented herself and mother, Dorothy l@heaton. Dorothy Wheaton, 107 Seacove Court #201, Phone: 428-2314 Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Counci-1 APPROVED the application of DOROTIIY WHEATON for a Variaiice 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 Officers in regard to certain elements of ttie Sul)(tivisiori Ord:inatice, Subdivisioti for I)oroLliy wtielitoll. Property is located on the tiorth side of Owl's Creek Lane, 280.06 feet east of SoLith Birdneck Road. Plats with more detailed information are availal)le in the Departrnejit of Plariniiig-LYNNIIAVET4 BOROUGH Voting: 9-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice @layor Robert E. Fentress, Harold Heischober, Barbara M. lienley, Reba S. f4cClanan, Mayor @leyera E. Oberndorf, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Jolin D. Moss and Nancy K. Parker Council Members Absent: None Item IV-G.l.b. PUBLIC HEARING PLANNING ITE14 31115 William T. Joseph, Vice President - Virginia Wesleyan College, Phone: 455-3210 Upon motion by Councilman lieischober, seconded by Vice Mayor Fentress, City Council ADOPTED the Ordinance upon application of VIRGINIA WESLEYAN COLLEGE for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF VIRGINTA WESLEYAN COLLEGE FOR A CONDITIONAL USE PERMIT FOR A PRIVATE SCIIOOL R04891211 BE IT HEREBY ORDAINED BY THE COUNCTL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Virginia Wesleyan College fbr a Conditional Use Permit for a private schoo-L (college) at tlie southwest ititersection of Wesleyan Drive and Baker Road. Said parcel is located at 5817 Wesleyan Drive and contains 201 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGII. The following conditions shall be required: 1. In accordance with the City's Master Street and Highway Plan, a right-of-way reservation is required al.otig the otitire Wesleyiii Drive frotitige to provide for an ultimate 6-lane divided highway with a bikeway right-of-way section (approximately 16-foot -reservation). Right-of-way reservation is also required along the Baker Road frolitage to provide for an ultimate 4 lane undivided Iiighway right-of-way section (approximately 3-foot reservatioti). 2. The utilization of best management practices for controlling stormwater runoff which are reasonably applicable to the development of tlie site. .This Orditiance sliall be effective upoti tlie dale of adoptioii. Adopted by tlie Council of the City of Virginia Beacti, Virginia, oii the I'wenty- fourth Dav of April, Nineteen flundr ine. - 18 - Item IV-G.I.b. PUBLIC HEARING PLANNING ITF24 # 31115 (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 @leyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Item IV-G.l.c. PUBLIC HEARING PLANNING ITDI # 31116 Attorney Kenneth W. Stolle, 2697 International I'arkway, Phone: 427-1650, represented the applicant and distributed information relative the application containing a diagram of the building, a resume of James Bonavita, letters in support of the application and diagram of the ventilation (Said information is hereby made a part of the record). The applicant requested to operate between the hours of 8:00 P.M. and 10:00 P.M., seven (7) days a week. Upon motion by Councilman Perry, seconded by Councilman Balko, City Council ADOPTED an Ordinance upon application of EAST COAST GUN & SUPPLY, INC. for a Conditional Use Permit: ORDIfiANCE UPON APPLICATION OF 17,AST COASI' GUN & SUPPLY, INC. FOR A CONDITIONAL USE PERtlIT FOR AN INDOOR RECREATIONAL FACILITY (PISTOL RANGE) R04891212 BE IT IIEREBY ORDAINED BY THE COUNCLL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of East Coast Gun & Supply, Inc. for a Conditional Use Permit for an indoor recreational facility (pistol range) at the northwest corner of London Bridge Road and Bowland Parkway. Said parcel is located at 513-519 London Bridge Road and contains 1.31 acres. LYNNIIAVEN BOROUGH. @This Ordlitatice sliall I)e effective (tl)oil Lilc,, (late of I(Iol)tioll. Adopted by tlie Council of the City of Virgiiiia Beacti, Virgiiiia, on tile I'wenty- fourth Day of April, Nineteeii liiiii,(,Ir-ed aiid Eiphtv-iiiiie. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baulq, Vice Mayor Robert E. Fentress, liarold fleiscliober, Barbara @l. fleiiley, Reba S. McClanan, John D. Moss, lqayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 20 - Item IV-G.l.d. PUBLIC HEARING PLANNING ITEM # 31117 Attorney Charles Salle' , 192 Ballard Court, I'lioile: 490-3000, represeiited the applicant Upon motion by Councilman Balko, seconded by Couricilman Perry, City Council ADOPTED an Ordinance upon application of RICIIARD A. RINER for a Conditional Use Permit: RICHARD A. RINER FOR A CONDITIONAL USE PERMIT FOR A GASOLINE SERVICE STATION R04891213 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACII, VIRIGNIA Ordinance upon application of Richard A. Riner for a Conditional Use Permit for a gasoline service station on the east coast of North Lynnhaven Road, north of the intersection with Kings Grant Road. Said parcel is located at 428 North Lynnhaven Road and contains 36,721 square feet. Plats with more detailed information are available in the Department of Planning. LYNNIIAVEN BOROUGH. The following conditions are required: 1. The proposed canopy must meet the 35-foot setback requirement. It appears that the canopy, as shown on the submitted site pl.an, is slightly stiort of the requirement. Compliance will be verified during detailed site plan review. 2. Tlie utilizilion of 13est llaii@igemelit Pr@IcLices for controlling stormwater runoff wliicti are reasonably applicable to the development of the site. 3. In accordance with tfie curretit llaster Street and Highway Plan, a right-of-way dedication is required along North Lynnhaven Road to provide for an ultimate four-laiie undivided highway. Approximately 3-feet of dedication is required. 4. No overnight outside storage of vehicles will be permitted. 5. Additions to be constructed shall be of a colonial style. 6. Tlie existirig sign sliall corne LnLo coriforfiiar)ce tvilli the current zoning requirements. 7. Public restrooms stiall I)e provided. This Ordinance sfiall be effective upon tlie date of adoptioil. Adopted by tlie Council of tlie City of Virgiriia Beacii, Virgiiiia, oii tlie I'wenty- fourth Day of April, Nineteeii llundred aiid Eighty-iiiiie. - 21 - Itel.q IV-G.l.d. PUBLIC REARING PLANNING ITDI # 31117 (Continued) Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: None - 22 - Item IV-G.l.e. PUBLIC HEARING PLANNING ITEM # 31118 Attorney Michael Inman, 2840 South Lynnhaven Road, Phone: 486-7055, represented the applicant. Attorney Inman distributed a site plan, which is hereby riade a part of the record. Upon motion by Councilman Balko, seconded by Councilman Moss, City Council DENIED an Ordinance upon application of SUZUKI OF VIRIGINIA BEACH, INC., for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SUZUKI OF VIRGINIA BEACII, INC., FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLES SALES AND SERVICE 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 flaycox 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. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice i@qayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: John L. Perry Council Members Absent: None - 23 - Iter,i IV-G.l.f. PUBLIC HEARING PLANNING ITEM # 31119 Reverend Fritz Stegmann, 3177 Virginia Beach Boulevard, Phone: 340-1441, President of Virginia Beach Educational Broadcasting Foundation, Tnc., represented the applicant OPPOSITION: Attorney Charles Salle', 192 Ballard Court, Phone: 490-3000, represented the owner and some of the residents of the adjacent Rose fiall apartment complex. Richard J. Giddes, 3313 Rightmier Place, Phone: 463-7254, resident of Rose Hall Upon motion by Councilman Balko, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of VIRGINIA BEACH EDUCATIONAL BROADCASTING FOUNDATION, INC: ORDINANCE UPON APPLICATION OF VTRGTNTA BEACH EDUCATIONAL BROADCASTING FOUNDATION, INC. FOR A CONDITIONAL USE PERMIT FOR A RADIO BROADCASTING STATION AND COVMNICATIONS TOWER ANTENNA R04891214 BE IT HEREBY ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACfl, VIRGINIA Ordinance upon application of Virginia Beach Educational Broadcasting Foundation, Inc. , for a Conditional Use Permit for a radio broadcasting station and communications tower antenna on the south side of Virginia Beach Boulevard, 1100 feet east of Groveland Road. Said parcel is located at 3177 Virginia Beach Boulevard and contains 7.9 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVE14 BOROUGH. The following conditions shall be required: 1. A Board of Zoning Appeals variance to the landscaping requirement for comr@iunications tower is required. 2. fieight of tower shall not exceed 114 feet. 3. Service power shall not exceed 340 watts. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- fourth Day of April, Nineteen flundred and Eighty-nine. - 24 - Item IV-G.I.f. PUBLIC HEARING PLANNING ITEM # 31119 (Continued) Voting: 9-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, John L. Perry and William D. Sessoms, Jr. Council Meribers Voting Nay: Reba S. McClanan and Nancy K. Parker Council Members Absent: None 2 5 Item 1V-G.I.g. PUBLIC HEARING PLANNING ITEM # 31120 Attorney Grover Wright represented the applicant Upon motion by Councilwoman McClanan, secori(led by Councl.linan Baum, City Couiicil ADOPTED Ordinances upon application of LIBERTY PROPERTIES, 1NC. for Changes of Zoning and a Conditional Use Permit: ORDINANCE UPON APPLICATION OF LIBERTY PROPERTIES, INC. FOR A CHANCE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO R-10 Z04891242 BE IT HEREBY ORDAINED BY TIIE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRCTNIA Ordinance upon applicatioii of l,iberty Properti-es, Inc. for a Change of Zoning District Classification froiu AG-2 Agricultural DistricL to R-10 Resi.denLial District on certain property located on ttle north side of Holland Road beginning at a point 8090 feet west of Princess Anne Road. Said parcel contains 7 acres. Plats with more detailed ififormation are available in the Department of Planning. PRIliCESS ANNE BOROUCII. A N D, ORDINANCE UPON APPLICAI'1014 OF I,IBERTY PROPERTIES, INC. FOR A CliANGE OF ZONItq(3 DIS'T'RICT (:I,ASSI@'lCAI'l.014 FROM AG-1 AGRICULTURAL DISTRICT TO R-lo R04891243 BE IT HEREBY ORDAINED BY TliE COUNCIL OF' I'IIE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Liberty Properties, Inc. for a Change of Zoning District Clissifi.catioii from AG-1 Agricultural District to R-10 Residential District on certain property located 600 feet north of Holland Road beginniiig at a poilit 8090 feet ivest of Princess Anne Road. Said parcel coiitains 46.492 acr@s. Plats with more detailed information are available in the Department of Planning. PRINCESS ANiNE BOROUGH. A N D, 26 - Item PUBLIC HEARING PLANNING ITEM # 31120 (Continued) ORDINANCE UPON APPLTCATION OF LIBERTY PROPERTIES, INC., FOR A CONDITIONAL USE PERMIT FOR OPEN SPACE PROMOTION R04891215 BE IT HEREBY ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Liberty Properties, Inc. for a Conditional Use Per,,@iit for open space promotion on certain property located on the north side of Holland Road beginning at a point 8090 feet west of Princess Anne Road. Said parcel contains 105.073 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGli. 1. Development shall be in accordance with REVISED site plan presented by Attorney Grover Wright, dated April 20, 1989. 2. All concerns of the City Staff's evaluation shall be addressed. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- fourth Day of April, 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", Nlayor 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 Item IV-G.I.h. PUBLIC HEARING PLANNING ITDI # 31121 Attorney Charles Salle', 192 Ballard Court, represented the applicant Bill Lawson, 1068 Collection Creek Way, Phone: 481-6385, resident of the Mill Creek Condominiums, , spoke in OPPOSTTIO14. Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council APPROVED the application of GRAYSON M. WHITEliURST, JR. 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 froiti I)ecisi()tis of. AdiiiiiiisLz:iLive Off-ices iii regard to certain elements of the Subdivision Ordinance, Subdivision for Grayson 1,1. Whitehurst, Jr. Property is located on the south side of First Colonial Road aL Llie inLersecLion witil @till I)aln Road. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. Cross access is not required between the two proposed parcels. 2. There shall be a thirty-five-foot (35') height restriction, no more than 2-story cotistructioti, on each lot. 3-. An Agreement encompassing the above restriction shall be submitted for approval by the City Attorney's Office and filed in the Office of the Clerk of Circuit Court. This Ordinance shall be effective upon the date of adoption. Adopted by tlie Council of tlie City of Virginia Beach, Virgiiiia, oii tlie I'welity- fourth Day of April, Nineteen Hundred and Eighty-nine. - 28 - Item IV-G.I.h. PUBLIC HEARING PLANNING TTEM # 31121 (Continued) Voting: 9-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan and Nancy K. Parker Council Members Absent: None - 29 - Item TV-G.I.i. PUBLIC HEARING ITEM # 31122 PLANNING The following SUPPORT the application: Attorney Glenn W. Hampton, McGuire, Woods, Battle & Boothe, 9000 World Trade Center, Phone: 627-7677, represented the applicant Karl R. Brusen, 32 Monroe Steet, Elgin, Illinois, @-ngineer for Centel Robert H. Sage, 664 Copper Kettle Drive, Phone: 424-8015, General Manger of Centel Cellular (present, but did not speak) Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of CENTEL CELLULAR COMPANY for a Conditional Use Permit for a radio tower with related support facilities located on the North side of Indian River Road, 1450 feet West of Princess Anne Road, containing 1.257 acres (PRINCESS ANNE BOROUCII). The Conditions shall be as recommended by the Planning Cornmission with the addition: "the Radio Tower shall be set back as close to 250 feet as possible. The Photograph depicting the radio tower shall be made a part of the proceedings." Voting: 11-0 Council Members Voting Aye: John A. Baum, Albert W. Balko, Vice Mayor Robert E. Fentress, Harold fleischober, Barbara M. Henley, Reba S. @IcClanan, John D. floss, Mayor @leyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Item IV-G.l.i. PUBLIC HEARING PLANNING ITFIM 31122 (Continued) After the initial vote, Kay -Froilce Of 2977 Seaboard Road, llhotie: 721-5939, wished to speak relative her main, concern of the placement of the towers in respect to the Wetlands. Kay Fronce advised a setback of 250 feet would be right in Mrs. White's backyard. Kay Pro@,e suggested the tower be placed closer to the road. Upon motion by Councilwoman @@IcClanaii, seconded by Councilman Perry, City Council AMENDED the previous MOTION and ADOPTED an Ordinance upon application of CENTEL CELLUAR COMPANY for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CENTEL CELLULAR CO@IPANY FOR A CONDITIONAL USE PERI@IIT FOR A' RADIO TOWER WITH RELATED SUPPORT FACILITIES R04891216 BE IT HEREBY ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACII, VIRGINIA Ordinance upon application of Centel Cellular Company for a Conditional Use Permit for a radio @qwer with related support facilities on certain property located on the nortli side of Indian River Road, 1450 feet west of Princess Anne Road. Said parcel contains 1.257 acres. Plats with more detailed information are avai.lable in the Department of Planning. PRINCESS ANIQE BOROUGII. The following conditions shall be reqtlired: 1. The utilization of Best Managenient Practices for controlling stormwater runoff whicli are reasonably applicable to the development of the site and in keeping with the reconimendations of the proposed Back Bay/North Landing River llariagement District. 2. In accordadce with the current t@laster Street and Highway Plan, a right-of-way reservation is required al.ong this site's frorilage on Iiidian River Road in order to provide for ati ultimate four lane divided roadway (92 foot right-of-way). An approximate twenty-one foot reservation is required. 3. Landscaping requirements of the City Zoning Ordinance must be met during detailed site plan review. 4. Existing trees shall be preserved where reasonably feasible. 5. Approval froiii FCC and the Coast Guard is required. Evidence of approval must be submitted to the City at the time of detailed site plan review. 6. The road to this site sfiall be constructed so as to prevent visibility of the tower from the street. 7. There shall be a 150-foot setback. - 31 - Item IV-G.I.i. PUBLIC HF-ARING PLANNING ITEM # 31122 (Continued) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- fourth Day of April, Nineteen flundred and Eighty-nine. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice imayor 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 - I tem .1. PUBLIC HF-ARING PLANNING ITFII # 31123 Atorney Robert B. Cromwell, Pembroke One, Phone: 499-8971, represented the applicant and requested same be REFERRED TO THE PIANNING COMMISSION to be AMENDED to CONDITIONAL ZONING. Mayor Oberndorf advised Jim Flumer, adjacent resident, had advised her, his neighbors were in favor of the application; however, Mayor Oberndorf referenced a letter from Dorothy Wells advising the residents of Kempsville 'Ianor were in OPPOSITION. Said letter is hereby made a part of the record. Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council REFERRED BACK TO THE PLANNING COMMISSION TO BE AMENDED TO CONDITIONAL ZONING the Ordinance upon application of METROVEST, INC. for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF METROVEST, INC. FOR A CIIANGE OF ZONING DISTRICT CLASSIFTCATION FROM R-5D TO 0-1 Ordinance upon application of @letrovest, Inc. for a Change of Zoning District Classification from R-5D Residential Duplex District to 0-1 Office District on certain property located at the northwest corner of Princess Anne Road and Bellingham Road. Said parcel contains 17,195 square feet. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. 'fenley, 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 - 33 - Item IV-G.l.k. PUBLIC HFARING PLANNING ITEM # 31124 Attorney Grover Wright, represented the applicant H. L. Cordner, 1928 Weybridge Circle, Phone: 427-6858, represented the Courthouse - Sandbridge Civic League Coalition and spoke in SUPPORT of the application Upon motion by Councilwoman McClanan, seconded by Councilnan Baum, City Council ADOPTED an Ordinance upon application of FERRELL PARKWAY ASSOCIATES for a Change of Zoning: ORDINANCE UPON APPLICATION OF FERRELL PARKWAY ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFTCATION FROM R-20 TO 0-2 Z04891244 BE IT IIEREBY ORDAINED BY THE COUNCIL OF TtlE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Ferrell Parkway Associates, Inc., for a Conditional Zoning Classification from R-20 Residential District to 0-2 Office District on certain property located at the southwest intersection of General Booth Boulevard and Strawbrid-e Road. Said parcel contains 16.6 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. An agreement encompassing the proffers of this Conditional Zoning shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the proceedings. The following shall be included as deed restrictions relative the resale of the office property: 2. Access shall be limited to General Booth Boulevard and Ferrell Parkway. 3. Tio portion of any building or other structure located with the 0-2 Office District shall exceed 35 feet in height. 4. The signage shall be monument type. 5. Lighting shall be contained within the confines of the property. 6. Category IV Landscaping and Screening shall be provided adjacent to residential property. 7. Development shall comply with the structures in the immediate area (Nimmo Church). - 34 - Item IV-G.l.k. PUBLIC HEARING PLANNING ITEM # 31124 (Continued) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- fourth Day of April, Nineteen Hundred and Eig ine. Voting: 7-4 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Reba S. McClanan, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, and Nancy K. Parker" Council @feribers Absent: None *Verbal Nay FERRELL PARKWAY ASSOCIATES, INC., a Virginia corporation TO: (COVENANTS AND CONDITIONS) CITY OF VIRGINIA BEACH, a Municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 1st day of March, 1989, by and between FERRELL PARKWAY ASSOCIATES, INC., a Virginia corporation ("Grantor"), of the one part, and CITY OF VIRGINIA BEACH, a Municipal corporation of the Conunonwealth 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-20 Residential District to 0-2 Office District, on certain property located at Northwest corner of the intersection of Ferrell Parkway and General Booth Boulevard, containing 16.6 acres, more or less, in Princess Anne Borough, in the City of Virginia Beach, Virginia;_said property being referred to hereinaftcr as "the Property", and being shown on the plat attached hereto entitled "REZONING PLAN OF GENERAL BOOTH BOULEVARD OFFICE PARK FOR FERRELL PARKWAY ASSOCIATES, INC.", dated January 27, 1989, made by Talbot & Associates, Ltd.; 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 1 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 reasollable conditions governing the use of the Property for the pro- tection of the community that are not generally applicable to land in the 0-2 zoning classification are needed to cope with the situation which the Grantor's proposed development 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 Z.oning Map, in addition to the regulations provided for in the 0-2 zoning district or zone by the existing overall 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 proffercd 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 subsequcnt amend- ment 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 now 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, Virgin- ia, and executed by the record owner of the subject property 2 at the time of recordation of such instrument; provided, further, that said instrument is consented to be the Grantee in writing as evidenced by a certified copy of an ordinance or a rcsolution adopted by the governing body of the Grant- ee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW, THEREFORE, the Grantor, for themselves, their heirs, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and withbut any element of compulsion or quid pro quo for zoning, rezoning, site plan, building perinit, or subdivision approval, hereby makes the following declaration of conditions and restrictions as to the physi- cal 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 rcpresentatives, assigns, grantees and other successors in interest or title, namely: 1. The following principal and conditional uses shall be prohibited: Child Care Centers Child Care Education Centers in connection with public and private elementary schools or churches. Off-street parking in conjunction with permitted uses in an adjoining business district. Private clubs and lodges. 3 Public utilities installations and substations. Public utilities business offices. Television or radio transmissions, towers and line-of-sight relay devices. 2. No portion of any building or other structure located with the 0-2 Officc District shall exceed 35 feet in height. It is recognized that further conditions may be re- quired during the administration of applicable City ordi- nances and that there will be detailed site plat review to meet all applicable City codes, and that further conditions inay be required during the administration of applicable City ordinances. All references hereinabove to requirements and regula- tions applicable thereto refer to the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of March 1, 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 Beach, Virginia, to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncom- pliance 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 appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator pursuant to the provisions, the Grantat shall petition to tho governing body 4 for the review thereof prior to instituting proccedings in court; and (4) tlie Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning 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 Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and Grantee. WITNESS the following signature: FERRELL PARKWAY ASSOCIATES, INC., a Virginia corporation By 11@ll"I"Irl-)@l@f-, Thomas C. Broyles President STATE OF VIRGINIA CITY OF VIPGINIA BEACH, to-wit: i, a Notary Public for the State of Virgini;a, do hereby certify that Thomas C. Broyles, President of Ferrell Parkway Associates, Inc. whose name is signed on behalf of the Grantor to the foregoing instrument bearing date on the @L day of March, 1989, has acknowledged the same before me in the cit@an State aforesai -blic Notary Pu my commission expires: 5 - 35 - Item IV-G.I.I. PUBLIC HEARING PLANNING ITEM # 31125 Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971, represented the applicant OPPOSITION: Patrick McQuilkin, 1405 Drum Point Road Charles Traub, III, 784 Glasgow Court, Phone: 340-9056, represented the Back Bay Restoration Foundation. Statement of Charles Traub is hereby made a part of the record. Janis Walsh, 1529 Nanney Creek Road, Phone: 426-5369 Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council DENIED an Ordinance upon application of FRANK T. WILLIAMS for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF FRANK T. WILLIAMS FOR A CHANGE OF ZONING DISTRICT CLASSIFTCATTON FROM AC-1 TO AC-2 Ordinance upon application of Frank T. Williams for a Change of Zoning District Classification from AG-1 Agricultural District to AG-2 Agricultural District on the north and south sides of Three Pine Lane beginning at a point 576.97 feet south of Nanney's Creek Road. Said parcel contains 11.636 acres. Plats with more detailed information are available in the Department of Planning. PUNGO BOROUGH. Voting: 8-1 Council Members Voting Aye: Albert W. Balko, Vice Mayor Robert E. Fentress, Harold Heischober, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: John L. Perry Council Members Abstaining: John A. Baum and Barbara M. Henley Council ilembers Absent: None Council Members John A. Baum and Barbara ivi. Henley ABSTAINED as they do business with the applicant. - 36 - Ttem TV-G.I.rq. PUBLTC HEARING PLANNING ITEM # 31126 Attorney Joe Lyle, represented the applicant and requested DEFERRAL to enable receipt of information from the Health Department related to soil conditions. OPPOSITION: Leslie Davis, 3049 Little Faven Road, Phone: 340-1979 Sandy Calvert, 3032 Little Haven Road, Phone: 340-8613 Rober E. Clarke, Jr., 3037 Little Haven Road, Phone: 340-2233 Upon motion by Councilman Balko, seconded by Councilman Sessoms, City Council MOVED F'ORWARD on the AGENDA and AGREED to HLAR tonigi-it (April 24, 1989) the Ordinance upon application of PETER W. MARTONE 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 at 3040 Little flaven Road (LYNNHAVEN BOROUGH). Voting: 9-1 Council Members Voting Aye: John A. Baum, Albert W. Balko, Vice Mayor Robert E. Fentress, Harold Heischober, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Votin-. Nay: William D. Sessoms, Jr. Council Members Absent: Barbara M. Henley - 37 - Item IV-G.I.m. PUBLIC REARING PLANNING ITEM # 31126 (Continued) Upon motion by Councilman Balko, seconded by Councilman Perry, City Council DENIED an Ordinance upon application of PETER W. MARTONE for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision to meet all requirenients of the City Zoning Ordinance. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Peter W. Martone. Property is located at 3040 Little Haven Road. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Albert W. Balko, 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 - 38 - Item IV-1.1. NEW BUSINESS ITFI,' # 31127 Upon motion by Councilman Perry, seconded by Vice Mayor Fentress, City Council APPROVED: Ninety-day extension of Conditional Use Permit: In the appeal of the Planning Director's April 30, 1989, expiration for a one-year temporary use period for boat storage at Shore Drive and Marlin Bay Drive in the Bayside Borough in the application of F. Wayne McLeskey, Jr. and Mortons Baye Corporation. Voting: 9-2 Council Members Voting Aye: John A. Baum, Albert W. Balko, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan and Nancy K. Parker Council Members Absent: None - 39 - Item IV-I.2. NEW BUSINESS ITEM # 31128 ADD-ON Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council ADOPTED: Resolution Directing the City Attorney to appeal the decision of the Circuit Court of the City of Virginia Beach in the Case Styled Virginia Land Investment Association No. I vs the City of Virginia Beach Voting: 8-2 Council Members Voting Aye: John A. Baum, Albert W. Balko, Harold Heischober, Barbara M. Henley, John D. Moss, @iayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Vice Mayor Robert E. Fentress and John L. Perry Council Members Abstaining: Reba S. tIcClanan Council t-lembers Absent: None Councilwoman McClanan ABSTAINED as she owns property adjacent to aforementioned application. I A RESOLUTION DIRECTING THE CITY ATTORNEY 2 TO APPEAL THE DECISION OF THE CIRCUIT COURT OF 3 THE CITY OF VIRGINIA BEACH IN THE CASE STYLED 4 VIRGINIA LAND INVESTMENT ASSOCIATION NO. 1 V. 5 THE CITY OF VIRGINIA BEACH 6 7 8 WHEREAS, the Circuit Court of the City of Virginia 9 Beach has ruled that the Ci.ty's ordinance rezoning certain 10 property owned by Virginia Land Investment Association No. 1 is 11 void; and 12 WHEREAS, the City has been advised by its legal counsel 13 that the City can and should appeal this decision. 14 NOW THEREFORE, in consideration of the advice of legal 15 counsel, the City Council does hereby direct the office of the 16 City Attorney to appeal the decision of the Circuit Court in the 17 case styled Virginia Land Investment Association No. I v. The 18 City of Virginia Beach. 19 Adopted by the Council of the City of Virginia Beach, 20 Virginia, on the 24 day f April 1989. 21 22 23 GLF/ils 24 03/20/89 25 CA-89-3231 26 NONCODE\VLI.RES 27 - 40 - Ttem IV-I.3. NEW BUSINESS ITEM # 31130 ADD-ON Upon motion by Councilman Perry, seconded by Councilman Balko, City Council SCHEDULED RECONSIDERATION for City Council Meeting of May 22, 1989, of the Application of WILLIAM DRINKWATER et ux for a Conditional Zoning Classification, R-5D Residential Duplex District to R-T3 Resort Tourist District (denied March 27, 1989) 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). Voting: 6-4 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Reba S. McClanan, and John L. Perry Council Members Voting Nay: Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Abstaining: William D. Sessoms* Council Members Absent: None "Councilman Sessoms ABSTAINED due to business reasons. - 41 - Item IV-J.1. ADJOURNMENT ITEM # 31131 Upon motion by Councilman Bauin and BY ACCLAMATION, City Council ADJOURNED the Meeting at 11:22 P.@l. (2 0 @@ BeverlyOU. Hooks Chief Deputy City Clerk -Zuth Hodg@ Smith, CMC City Clerk City of Virginia Beach Virginia