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APRIL 25, 1988 MINUTES @itN' c3i- I "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR ROBERT G. ]ONES, A, L.,,, VICE MAYOR MEYERA E OBERNDOPF, A, L,,@ ALBERT W BALKO, B-,h JOHN A. BAL,'M, BI-@l, B,@.gh ROBERT E. FENTRE.SS, V,,i@,@ B@-h B-.,h HAROLD HEISCHOBER, A, L.,g, BAP,BARA N4 HENL.EL, P.-V @..gh REBA S. M@LANAN, P@@,@ A@., B-.gh JOHN D MOSS. K-,-Il, @gh N@CY K PARKER, A, L,,, JOHN L. PEPRY, B.-,Ii& @@.gh 281 C@ HAL.L BUILDING MUNICIPAL CENTER AU@ V. WAM, IX, CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23156-9002 1 D@ M@N@ Cq A@ (804) 427 4303 R@H MM@ -@H, CMCI@. Cq APRIL 25, 1988 ITEM I. CITY COUNCIL WORKSHOPS - Conference Room - 4:00 PM A. CLty Zc>ning Ordinance Robert J. Scott, Director of Planning B. FY 1988-1989 Operating Budget ITEM II. COUNCIL CONFERENCE SESSIOR - Conference Room - 6:00 PM A. CITY COUNCIL CONCERNS ITEM III. INFORMAL SESSIO14 - Conference Room - 6:15 PM A. CALL TO ORDER - Mayor Robert G. Jones B. ROLL CALL OF COUNCIL C. REICESS TO EXE)CURIVE SESSION ITEM IV. CEREM014IAL PRESENTATIONS - Council Chamber - 6:45 PM A. RESOLUI!IONS IN RE)COGNITION 1. ADVERTISING SELECTION COMMITTEE David W. Pender III Edward Snyder 2. BOARD OF ZONING APPEALS Garland L. Isdell B. MAURY RIGANTO AWARDS Garland Payne, Chairman - Parks and Recreation CC)mmission C. FAIR HOUSING ART CONTEST AWARDS D. SENIOR WCMEN'S FURSAL (MINI-SOCCER) NATIONAL CHAMPIONSHIPS E. PROCLAMATION 1. NATIONAL DRINKIING WATER WEEK - May 2-8, 1988 ITEM V. FCRMAL SESSION - Comcil Chamber - 7-.00 PM A. INVOCATION: Reverend Philip Raines Virginia Beach Church of God B. PLEDGE OF ALLEGIAWE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. ADOPTION OF ITEMS FOR THE FOP.MAL AGENDA E. MINUTES 1. INFORMAL & FORMAL SESSIONS - April 18, 1988 F. PUBLIC HEARING 1. PLANNING a. Resolution authorizing the conversion of a Nonconforming Use at 3017 At-lantic Avenue, property of S.A.S. Associates. Recommeridation: APPROVAL b. Petitions of Nimmo United Mthodist Church for the discontinuance, closure and abandorunent of certain roads (Princess Anne Bc)rough): An unnamed road beginning at the intersection with NIMMO Church Lane and running in a Southwesterly direction to the intersection with Mathews Green, containing 12,959 square feet; AND, Nimmo Church Lane beginning at the Southern boundary of General Booth Boulevard and running in a Southerly direction to the Northern boundary of Princess Anne Road, containing 39,568 square feet; AND, A portion of Princess Anne Road beginning at a point 150 feet more or less East of the intersection of Princess Anne Rc)ad and Mathews Green, running in an @sterly direction to the intersection of Princess Anne Road and Nimmo Church Lane, containing 12,456 square feet. DEFERRED: 9/14/87 and 3/14/88 Recommer)dation: FI14AL APPROVAL C. Petition of Charles F. Burroughs, Jr. for the discontinuance, closure and abandonment of a portion of Five Fbrks Road beginning at the Southwest intersection of First Court Road and Greenwell Road and running in a Southwesterly direction a distance of 737.53 feet, variable in width from 31.70 feet to 33.66 feet, containing 23,020 square feet more or less (Bayside Borough). DEFERRED: 3/1 4/88 Recommendation: APPROVAL d Application of Southeastern Virginia Investors and CaLmeron & E7elyn Muriden for a Change of Zoning District Classification from R-5 Residential ]District to PD-H2 Planned Unit Development District on property 1,060 feet more or less South of London Bridge Road, 1,140 feet more or less West of Pine View Avenue, containing 123.62 acres (Princess kine Borough). Recommendation: ALLOW WITHDRANAL e. Application of John G. & MarY M. Williams fc)r a Change of Zoning District Classification frotn R-5 Residential District to T-2 Apartment District on the North side of @wtown Road, beginning at a point 150 feet more or less Fast of Diamond Springs Road, containing 11.14 acres (Bayside Borough). Recommendation: ALLOW WITHDRAWAL f. Application of Shore Drive Partnership for a Conditional Use Permit for a car wash on the South side of Shore Drive, containing 1 acre (Lynnhaven Borough). Recommeridation: ALLOW WITHDRAWAL g. Application of St. Michael Lutheran Church for a Conditional use Permit for a church on the Northwest side of Princess Anne Road, 103 feet Northeast of Huckleberry Trail on Parcel One, subdivision of Alot ODrporation, containing 3 acres (Princess Anne Borough). Recommendation: APPROVAL h. Application of A. D. Price and J. L. Styron for a Conditional Use Perinit for a car wash on the East side of Oceana Boulevard, 4450 feet South of Southern Boulevard, containing 1.5 acres (Lynnhaven Borough). Recommendation: APPROVAL i. Application of Amoco Oil Oompany for a Conditional Use Permit for gasoline pumps, car wash in conjunction with a convenience store at the northwest corner of London Bridge Road (Relocated) and General Booth Boulevard, containing 43,961.38 square feet (Princess Anne Borough). Recommendation: DENIAL j. Application of Beach Crab Associates for a Conditional Use Pennit for multiple family dwellings on the South side of 19t@ Street, 1,440 feet more or less @st of North Birdneck Road, containing 4.35 acres (Lynnhaven Borough). Recommendation: DENIAL G. CONSENR AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one notion in the form listed. If any item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. RESOLUTION IN RBCOGNITION Garland L. Isdell David W. Pender III Bdward Snyder 2. Ordinance upon SBCOND READING to Increase Revenues and Appropriations in the FY '87-'88 Operating Budget by $27,000 for the pi3rchase of a replacement ambulance through the Division of Ihergency Medical Services for the Blackwater Volunteer Rescue Squad. H. UNFINISHED BUSINESS I. NEW BUSINESS 1. REQUEST FOR RECONSIDERATIOII of Conditions in the January 19, 1981 application of Victory Baptist Church for a Coriditional Use Permit for a church on the South side of Providence Road East of Cresthaven Lane (Kempsville Borough). Recommendation: APPROVAL J. ADJOURNKENT 1988/1989 FY OPERATING BUDGET PUBLIC HEARING Princess Anne High School 7:00 PM APRIL 28, 1988 RBC014CILIATION WORKSHOP COUNCIL CONFERENCE ROOM 10:00 AM-12:00 NOON MAY 2, 1988 FIRST RF"ING: MAY 9, 1988 SBCOND READING: MAY 16, 1988 - 10 - Item III-E.l. MINUTES ITEM # 29331 ADD-ON Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council AMENDED the Minutes of April 25, 1988. PAGE 33, ITEM # 29270 ORDINANCE UPON APPLICATION OF A. D. PRICE AND J. L. STYRON FOR A CONDITIONAL USE PERMIT. The following verbiage shall be deleted from the MINUTES: *IfThis application will possibly affect the proposed alignment of the Southeastern Expressway." Councilman Moss advised this verbiage was included in the Staff's recommendation but was not the basis upon which the City Council voted for DENIAL. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. lienley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council liiembers Voting Nay: None Council Members Absent: None M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 25, 1988 The FY 1988-1989 OPEPATING BUDGET of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, April 25, 1988 at 4:00 P.M- Council Members Present: John A. Baum, Albert W. Balko, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None - 2 - ITEM # 29243 The CITY ZONING ORDINANCE WORKSHOP of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, April 25, 1988 at 5:10 P.M- Council Members Present: John A. Baum, Albert W. Balko, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: 'lone - 3 - C I T Y Z 0 N I N G 0 R D I N A N C E W 0 R K S H 0 P ITE14 # 29244 Robert J. Scott, Director of Planning, distributed to City Council a LIST of CZO Issues of Concern derived from a summarization of comments of April 18, 1988, relative same, provided by the City Clerk. The City Council upon review of each of the concerns reached the following conclusions: Section 110 (a) Legislative Intent Accomplished Page 16 and Nonconforming Uses Section 203 (a) (29) Office Parking Short List Page 36 Section 203 (a) (38) Shopping Center Parking Short List Page 37 Section 203 (b) (37) Compact Car Parking AccomDlished Page 37 Section 203 (b) (37) General Parkin., Standards Accomplished Page 37 (Shared @arking and off-site parking I-or the Central Business District is another issue and can be considered when the Central Business District comes forward with their overall plan.) Section 225 (a) Autonobile Service (The 55-foot setback Page 50 Stations shall reriain) (The concern related to service stations being limited in number in areas near residential -'leighbor- hoods shall be Long Listed and referred back to the Planning Commission) Section 203 Churches Accomplished Page 54 Section 502 (a) Minimum lot size Accomplished Page 82 Section 502(a) Setbacks from major Short list. The City Page 82 rights-of-way Staff will draft proposed language. Sect4-on 900 Incentive Program Shall be considered Page 102 Central Business District vihen the Central Bus-*Iness District comes forward with the overall plan. Section 901 Regulate the use of B-2 will no longer Page 102 Drimary colors be zonec3 next to a, residential area. Accotiplished. Section 902(a) Motor Vehicles Sales. Accomplished Page 105 - 4 - C I T Y Z 0 N I N G 0 R D I N A N C E W 0 R K S H 0 P ITFM # 29244 (Continued) Section 902(a)(7) Floor area ratio in B-3- Shall be considered Page 109 iThen the Central Business District comes forward with the overall plan. Section 920(a)(3) Setbacks adjacent to a Shall be considered Page 109 street in B-3 when the Central Business District comes forward with the overall plan. Section 904(b) Maximum height in B-2, B-3 Short list and City Page 111 and B-4 Staff to prepare suggested language to create a transition in a more ordei-ly fashion. Section 1120 PD-H2 Accomplished Page 127 Section 1501 Apartments in RT-1. Accorqplished Page 149 Section 1502(d) Maximum Height in RT-1 Accomplished Page 150 Section 1512 Maximum Height in RT-2 Short List Page 156 and RT-3 Investigate RT-2 and RT-3 separately STORMWATER 14ANAGEMENT ISSUES Section 5(b)(1) Exemption of development at Council Members Baum Page 20 less than five-single fa,.Iily and Henley will or duplex dwelling units study and riake recommendations Section 15 TBA input into the Council Members Baum Page 30 implementation procedures and Henley will study and make recommendations SUBDIVISION ORDINANCE Section 4.1.(M) Require a 36-foot Minimum Short List Page 22 pavement width fol- residential streets in R-7.5 and 4-2.5 Section 9.2. Proposed subdivision variance Will be SCHEDULED Page 23 Ordinance for City Council Agenda of 5/2/88. - 5 - C I T Y Z 0 N I N G 0 R D I N A N C E W 0 R K S H 0 P IT!vi Y 29244 (Continued) LANDSCAPE, SCREENING AND BUFFERING SPECIFICATIONS AND STANDARDS ISSUES Comments shall be addressed from Bartow (Pat) @i. Bridges, Jr. Relative the encouragement of brick, stone or stucco walls by builders rather than wood fences, this has been AccomDlished. Relative Section III and IV in Robert J. Scott's Memorandum of April 14, 1988, these issues will entail considerable review by the Citi, Staff and will be Long Listed and referred back to the PLANNING CO@E4ISSION: Fences and the "tunnelling effect". Issue of water table validation Credits for Day Care Review of Industrial Sections Proposed Language regarding subdivision variances Effective Date of the Stormwater Mangement Fence Requirements The City Manager will forward a recapitulation of these concerns with the City Council Agenda of May 2, 1988. - 6 - IT&M # 29245 The CITY COUNCIL CONCERNS of the VIRGINIA BFACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, April 25, 1988 at 6:35 P-M- Council Members Present: Albert W. Balko, John A. BauLi, Robert E. Fentress, Harold He!-schober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. 14cClanan, John D. lloss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None - 7 - C 0 N C E R N S 0 F T H E M A Y 0 R ITF14 # 29246 Mayor Robert G. Jones detailed the Conference attended in Charlottesville relative the MAYOR'S INSTITUTE ON CITY DESIGN. This involved nine (9) Mayors and nine (9) Design Professionals. All involved presented information by the utilization of slides consisting of approximately 15 different views of the par-@icular City. Mayor Jones detailed the RESORT AREA as the City's overall design problem. This was then critiqued by the other Mavors and the design professionals. All the presentations were exceptionally stimulating. Mayor Jones referenced the Comprehensive Plan of Salt Lake City which was presented in a visual !node. This seemed to be a better format @lor this City's Comprehensive Plan. Mayor Jones believed the particular area most pressing relative review of the Comprehensive Plan was the PUNGO/BLACKWATER area. In response to the Vice Mayor's request for a video-tape, the Mayor advised he had requested a 30-minute tape for possi-ble review on Public Television - 8 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 29247 The City Manager referenced the Application of St. Michael Lutheran Church for a Conditional Use Permit for a church on the Northwest side of Irincess Anne Road, 103 feet Northeast of Huckleberry Trail on Parcel One, Subdivision of Alot Corporation, containing 3 acres (Princess Anne Borough). (See Item V-F.l.g of the Planning Agenda.) The City Manager distributed a Memorandum from Robert J. Scott, Director of Planning, related to the condition involving the right- turn Lane. Four (4) conditions have been substituted for this condition. ITEM # 29248 Councilwoman McClanan advised of a group of residents on Landstown Road interested in meet!-ng with the City Council relative the SOUTHEASTERN EXPRESSWAY. Councilwoman McClanan advised on Friday, April 22, 1988, she had met with those individuals and a group of Chesapeake Citizens at Bethel Church. Councilwoman McClanan further advised there will be a Location Public Hearing in the Spring of 1989. Councilman Moss advised there will be a Meetin.@ held on Wednesday, April 27, 1988 at 6:00 P.M. IT7-1,1 # 29249 Councilwoman Henley referenced a letter received from the Hospice Care group. The City Manager advised the Ilospice Group receiving the funding in the past is the group placed in the FY 1988-1989 Operating Budget to receive the funding. There is another Hospice group that is desirous of funding but same was not included at this point in the Budget process. Councilman Fentress had requested the new HOSPICE be given consideration. As he understood it, the newer one was on the eastern side of Virginia Beach and the other was closer to the Nor@-olk a-ea. Guidelines and criteria need to be provided relative GRANTS. - 9 - ITEM # 29250 The INFOR14AL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, April 25, 1988, at 6:44 P-M- Voting: 11-0 Council k4embers Voting Aye: Albert Ii. Balko, John A. Baum, Robert E. Fentress, Harold Ileischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 10 - ITVIA # 29251 Mayor Robert G. Jones entertain--d a motion to pern@it City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code ol- Virginia, as amended, for the following purposes: 1. PERSOIRM MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation ol@ public officers, appointees or employees. 2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters withi-,i the jurisdiction of the public body. Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Cou,icil Members Absent: None Item IV-A. CEREMONIAL PRESENTATION ITEM 29252 Mayor Robert G. Jones PRESENTED RESOLUTIONS IN RECOGNITION to: ADVERTISING SELECTION COMMITTEE David W. Pender III Edward Snyder BOARD OF ZONING APPEALS Garland L. Isdell These RESOLUTIONS recognized the aforementioned individuals for their dedication, commitment and unselfish service. - 12 - Item IV-B. PRESENTATION ITF24 # 29253 Garland Payne, Chairman of the Parks and Recreation Commission, presented the 14AURY RIGANTO AWARDS to: April Patterson Donnie Shumaker April is thirteen years, is an Honor Roll Student attending Lynnhaven Junior High School and is an avid Volley Ball Player. Donnie is seventeen years old, attends Green Run Ifigh School with an impressive academic record, was invited to join the USA BAND which tours Europe, has been a baseball player since the age of five and has been the Captain for the last three years. Every summer for the past @ive years he has worked at a Camp for landicapped Children. j, Item IV-C. PRESENTATIONS ITEM # 29254 Mayor Robert G. Jones PRESE14TED the plaques to the WINNERS of the FAIR HOUSING ART CONTEST: Dennis Ocampo First Prize Ann Link Second Prize Kathy Richmond Third Prize Donald Carlstrom Honorable Mention I'he Mayor recognized the teacher, Judith Doyle of Virginia Beach Vocational Technical Center and the Judges: Claudia Gooch, President of Tidewater Community Housing Resources Board and Frank Sayles, Graphics Designer for Virginia Beach and free lance arti-st. - 14 - Item IV-D. PRESENTATIONS ITFM # 29255 SENIOR WOMEN'S YUTSAL (MINI-SOCCER) NATIONAL OH @ IONSHIPS 14ayor Robert G. Jones introduced the Coach, Dan Brennan, wno advised the TEAM was sponsored by Beach Images Photography. Coach Dan 13rennan advised his team went to Pittsburg and won the "first ever" title in SENIOR WOMEN'S FUTSAL (MINI-SOCCER) NATIONAL CHAMPIONSHIPS 5 it.m IV-D.2- PRESENTATIONS ITEM 29256 ADD-ON Councilwoman McClanan read the PROCLAMATION to the Virginia Beach Clean Community Commission PROCLAIMING April 30, 1988 as: Glad Bag-A-Thon Clean-Up Day at Mount Trashmore. This PROCLAMATION urges all citj-zens to bring their families to Mount Trashmore to participate in this event in support of the efforts o" the Clean Community Commission. Sandy Miller, Chairman, and Cliff Inge, Vice Chairman, of the GLAD BAG-A-THON COMAITTEE presented City Council Members with Hats and Plastic Garbage Bags to assist in Clean-UD Day at Mount Trashmore- WHEREAS, the City of Virginia Beach is rich in natural resources and beauty; and- I WHEREAS, every citizen should contribute to keeping our envirorlment clean and healthful by working together to preserve clean air, fresh water, and the natural beauty of our surroundings; and WHEREAS, the Virginia Beach Clean Community Commission (VBCCC), in cooperation with Keep America Beautiful, Inc., Keep Virginia Beautiful, and the Virginia Division of Litter Control and Recycling, has initiated a campaign to improve the community environment through litter prevention/re- cycling, educational preservations, displays, awareness activities, and cleanups. WHEREAS, various events have been held in our City during April, Clean Community Awareness Month, promoting awareness and participation among ou@r citizenry; and WHEREAS, the finale of the month's activities will be the Glad Bag-A-Thon Cleanup to be held at Mt. Trashmore on April 30, 2:00 p.m. NOW, THEREFORE, I, Robert G. Jones, Mayor of the City of Virginia Beach, do hereby proclaim April 30, 1988 as GLAD BAG-A-THON CLEANUP DAY AT MT. TRASHMORE and urge all citizens to bring your families to Mt. Trash- more and participate in this event, and support the efforts of the Clean Community Commission in making our great city a clean, attractive community in which we can be proud to live. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the city of Virginia Beach, Virginia, to be affixed this twenty-fifth day of April, nineteen hundred and eighty-eight. Robert G. Jones Mayor - 16 - Item IV-E.l. PRESENTATIONS ITFII # 29257 Mayor Robert G. Jones PROCLAIMED the week of May 2-8, 1988: NATIONAL DRINKING WATER WEEK Councilman Perry read the PROCLAMATION recognizing water as one of the mos@@ vital resources necessary to ensure the quality of life and economic growth Virginia Beach has grown to expect. Clarence Warnstaff, Director of Public Utilities, ACCEPTED the PROCLAMATION. WHEREAS, public utilities' services provided in Virginia Beach are an integral part of our citizens' everyday lives; and WHEREAS, the support of an informed citizenry is vital to the efficient operation of the public utilities system and its divisions of utility engineering, customer service, water operations, wastewater operations, and water production; and WHEREAS, the health, safety, and comfort of Virginia Beach greatly depends on these facilities and services; and WHEREAS, a tremendous amount of work, dedication, and research goes into assuring safe and reliable water supplies; and WHEREAS, water is one of the most vital resources necessary to ensure the quality of life and economic growth Virginia Beach has grown to expect. NOW, THEREFORE, I, Robert G. Jones, Mayor of the City of Virginia Beach, do hereby proclaim the week of May 2-8, 1988 as NATIONAL DRINKING WATER WEEK in Virginia Beach and call upon all citizens and civic organizations to acquaint themselves with the importance of safe drinking water and the many ways it plays a vital role in our lives. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Virginia Beach, Virginia, to be affixed this twenty-fifth day of April, nineteen hundred and eighty-eight. Robert G. Jones Mayor 1 7 Item V-E.2. PRESENTATIONS ITEM # 29258 The City Clerk advised the @-ollowing PROCLAMATIONS were issued by the ilayor during the Month of April. Clean Community Awareness Month April 1988 Arbor Day April 8, 1988 National Organ & Tissue Donor Awareness Week April 24-30, 1988 Aids Awareness Sunday April 10, 1988 Knights of Virginia Assisting Retarded Week April 14-16, 1988. Victims' Rights Week April 17-23, 1988 E-T Nurse Day April 20, 1988 ITC Day April 23, 1988 Student Leadership Week April 24-30, 1988 National Consumers Week April 24-30, 1988 Professional Secretaries Week April 25-29, 1988 18 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL April 25, 1988 7:20 P.M. Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BFACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, April 25, 1988, at 7:20 P.14. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: lione INVOCATION: Reverend Philip Haines Virginia Beach Church of God PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 19 - ADOPTION OF ITEMS Item V-D.l. ITEM # 29259 The City Clerk referenced the application of Amoco Oil Company for a Conditional Use Permit for gasoline PumPs, car wash in conjunction with a convenience store at the northwest corner of London Bridge Road (Relocated) and General Booth Boulevard, containing 43,961-38 square feet (Princess Anne Borough). (See Item V-F.l.i of the PLANNING AGEITDA). Attorney Charles Salle' had requested this iterfl be DEFERPED. The Mayor advised this item will be MOVED FORWARD to determine whether the application shall be DEFERRED. BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote, City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA. Councilwoman McClanan requested at each City Council Meeting, her vote on this particular item be recorded as a VERBAL NAY. - 20 - Item V-E. 1 MINUTES ITEM # 2926o Upon motion by Councilman Perry, seconded by Councilman Baum, City Council APPROVED the MINUTES of the INFOR14AL & FORMAL SESSIONS of April 18, 1988 Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, liancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 21 - Item V-E.2. MINI-BOND SALE ADD-ON TTEM 29261 Giles Dodd, Assiatant City Manager for Administration, presented a STATUS REIORT ol- the MINI-BOND SALE. As of 5:00 P.M., April 25, 1988, $1,617,000 in MINI-BONDS had been sold. The average application has been $3,700. 73% of sales have been received via mail and 27% by walk-ins. Giles Dodd itemized tlie following MINI-BOND SALES: April 21, 1988 $1,140,000 April 22, 1988 330,000 April 25, 1988 147,000 On Thursday, April 21, 1988, there was a Supreme Court Decision relating to the power of Congress to tax '4unicipal Bonds. Giles Dodd assured these MINI-BONDS are exempt from Federal and State Taxes. - 22 - Item V-F. 1 PLANNING ITEM # 29262 Mayor Robert G. Jones DECLARED a PUBLIC HEARING on: PLANNING a. S.A.S ASSOCIATES NONCONFOPd4ING USE b. NIMMO UNITED METHODIST CHURCH STREET CLOSURE c. CHARLES F. BURROUGHS, JR. STREET CLOSURE d. SOUTHEASTERN VIRGINIA INVESTORS CHANGE OF ZONING e. JOHN G. & MARY M. WILLIAMS CHANGE OF ZONING f. SHORE DRIVE PARTNERSHIP CONDITIONAL USE PERMIT g. ST. MICHAEL LUTHERAN CHURCH CONDITIONAL USE PERMIT h. A. D. PRICE AND J. L. STYRON CONDITIONAL USE PERMIT i. AMOCO OIL COMPANY CONDITIONAL USE PERMIT j. BEACH CRAB ASSOCIATFS CONDITIONAL USE PER14IT - 23 - Item VI-F.l.a. PUBLIC HFARING PLANNING ITEM # 29263 Councilman Fentress advised this building was part of the old amusement park that remained. The issue was to change the nonconformi-qg use from a non- conforming amusement park snack bar to a nonconforming snack bar. The intention was to put a snack bar in only one small portion of the building. The entire building is fairly deteriorated. Henry Ruiz, Administrator of the Resort PrograLqs Office, advised the plans submitted do not have any impact on the remaining portions of the building. The applicant is proposing to activate only a portion of the building. Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council DENIED: Resolution authorizing the conversion of a Nonconforming Use at 3017 Atlantic Avenue, property of S.A.S. Associates. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, ',iobert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council iqembers Voting Nay: Reba S. iMcClanan Council Members Absent: None 1 RESOLUTION AUTHORIZING CONVERSION OF 2 A NONCONFORMING USE 3 LOCATED AT 3017 ATLANTIC AVENUE 4 PROPERTY OF S.A.S. OCEANPRONT ASSOCIATES 5 6 WHEREAS, S.A.S. Oceanf ront Associates, a Virginia 7 partnership, desires to reopen a snack bar within the structure 8 located at 3017 Atlantic Avenue, Virginia Beach, Virginia, which 9 is situate at the northeast corner of Atlantic Avenue and Laskin 10 Road, (Parcel is 17,424 square feet), and shown on that certain 11 Site Plan attached hereto as Exhibit "A,ll hereinafter the "Plan;ll 12 WHEREAS, the existing use and proposed use do not conform to 13 the provisions of the Comprehensive Zoning Ordinance because 14 snack bars are not allowed in the H-2, Resort Hotel District 15 except as an accessory use to a hotel or motel; and 16 WHEREAS, pursuant to Section 105(e) of the Comprehensive 17 Zoning Ordinance, City Council may authorize the conversion of 18 one nonconforming use to another nonconforming use if Council 19 finds the proposed use is equally appropriate or more appropriate 20 to the zoning district than is the existing nonconforming use. 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That City Council hereby finds the conversion of a portion 24 of a nonconforming amusement park/snack bar to a nonconforming 25 snack bar is equally appropriate or more appropriate to the 26 zoning district in which the proposed use is located than is the 27 existing nonconforming use; and the City Council hereby 28 authorizes conversion of a portion of a nonconforming amusement 29 park/snack bar located at 3017 Atlantic Avenue, Virginia Beach, 30 Virginia, to a nonconforming snack bar as shown on the Plan, 31 provided a variance to required parking by the Board of Zoning 32 Appeals is approved. 3 3 Adopted by the Council of the City of Virginia Beach, 34 Virginia, on the 25 day of April 1988. 35 36 37 GLF\RCP 38 04/05/88 39 CA-2661 40 \ORDIN\NONCODE\SAS.RES 41 42 APPP,OVED @"O CONTEi,4fS APPROVED AS TO LECAL SUFFICIENCY AND F-@ CITY ATTOP,@IE', I --AVE -=7 @ATLANT C IT LU Fe E7,N c ii 7-7*Nl- 7-C BOARDWALK EXHIBIT "A" - 24 - Item VI-F.l.b. PUBLIC HEARING PLANNING ITEM # 29264 Upon motion by Councilwoman Henley, seconded by Vice Mayor Oberndorf, City Council AUTIIORIZED FINAL APPROVAL applications of NIMMO UNITED METHODIST CHURCH for the discontinuance, closure and abandonment of certain roads: Application of Iiimmo United ',4ethodist Church for the discontinuance, closure and abandonment of Nimmo Church Lane beginning at the southern boundary of General Booth Boulevard and running in a southerly direction to the northern boundary of Princess Anne Road. Said parcel contains 39,568 square feet. PRINCESS ANNE BOROUGH. Application of Ninimo United Methodist Church for the discontinuance, closure and abandon'.lent of an unnamed road beginning at the intersection with Nimmo Church Lane and running in a southwesterly direction to the intersection with Mathews Green. Said parcel contains 12,959 square feet. PRINCESS ANNE BOROUGH. A N D, Application of Nimmo United Methodist Church for the discontinuance, closure and abandonment of a portion of Princess Anne Road beginning at a point 150 feet more or less east of the intersection of Princess Anne Road and Mathews Green, running in an easterly direction to the intersection of Princess Anne Road and Nimmo Church Lane. Said parcel contains 12,456 square feet. PRINCESS ANNE BOROUGH. - 25 - Item VI-F.l.b. PUBLIC HEARING PLANNING TTFM # 29264 (Continued) Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Reba S. McClanan Council Members Absent: None OP,DINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS UNNAMED ROAD, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT SHOWING RIGHT OF WAY VACATED BY THE CITY OF VIRGINIA BEACH PRINCESS ANNE BOROUGH - VIRGINIA BEACH, VIRGINIA", WHICH PLAT IS ATTACHED HERETO. WHEREAS, it appearing by affidavit that proper notice has been given by Nimmo United Methodist Church, that they would make application to the Council of the city of Virginia Beach, Virginia, on , 1987, to have a portion of the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: Beginning at the intersection of Nimma Church Lane and Unnamed Road, thence running along the southern right of way line of Unnamed Road with a radius of 360.00 feet and a length of 107.82 feet and a chord bearing S 23*48'01" W; thence contiinuing along the curve to the rigILt with a radius of 615.00 feet with a length of 266.53 feet and aL chord bearing S 4414714411 W to a point; thence continuing along EL curve to the right with a radius of 315.00 feet and a length of 32.98 feet and a chord bearing S 6011213711 W to a point; thence N 22,2112911 W 30.10 feet to a point on the northern side of Unnamed Road; thence running along the northern side of Unnamed Road on a curve to the left having a radius of 285.00 feet and a length of 27.51 feet with a chord bearing N 59@58'3511 E to a )Point; thence continuing along a curve to the left having a rad@Lus of 585.00 feet with a leng-th of 253.53 feet to a point; -thence running along a curve t(:) the left, with a radius of .330.00 feet with a length of 191.31) feet and a chord bearing N 15@51'54" E to a point; th@nce N 00@50'05" W 46.78 feet to the intersecting point of Unnamed Road and Nimmo Church Lane; thence running along the western side of Nimmo Church Lane having a radius of 679.00 feet with a length of 147.50 feet and a chord bearing S 07*03'29" E, to the point of beginning. Said parcel of land being an Unnamed Road as indicated on that certain plat of property in Virginia Beach, Virginia, which plat is to be recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, upon adoption of this ordinance, and is made a part hereof by reference. SECTION II A certified copy of this ordinance shall be filed in the Clerk-s Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the City of Virginia Beach as Grantor. 2 SECTTON III This ordinance shall be effective sixty (60) days from the date of its adoption. Adopted: FINAL APPROVAL: April 25, 1988 3 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS PRINCESS ANNE ROAD, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT SHOWING RIGHT OF WAY VACATED BY THE CITY OF VIRGINIA BEACH PRINCESS ANNE BOROUGH - VIRGINIA BEACH, VIRGINIA", WHICH PLAT IS ATTACHED HERETO. WHEREAS, it appearing by affidavit that proper notice has been given by Nimmo United Methodist Church, that they would make application to the Council of the City of Virginia Beach, Virginia, on 1 1987, to have a portion of the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of tihe Council that said street be discontinued, closed, and vacate!d; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of' the city of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: Beginning at the intersecting point of Nimmo Church Lane and Princess Anne Road thence running along the N side of Princess Anne Road S 8810410211 W a distance of 423.85 feet to a point; thence S 26-39104" E, 33.03 feet to the southern side of Princess Anne Road; thence running along the southern right of way line of Princess Anne Road N 8810410211 E 406.35 feet to a point; thence N 05'04144" E 30.23 feet to the point of beginning. Said parcel of land being a portion of Princess Anne Road as indicated on that certain plat of property to be vacated North of what is presently Princess Anne Road (relocated), Virginia Beach, Virginia, which plat is to be recorded in the Clerk s office of the circuit Court of the City of Virginia Beach, Virginia, upon adoption of this ordinance, and is made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the City of Virginia Beach as Grantor. SECTION III This ordinance shall be effective sixty (60) days from the date of its adoption. Adopted: FINAL APPROVAL: April 25, 1988 2 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS NIMMO CHURCH LANE, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT SHOWING NIMMO CHURCH LANE VACATION FOR NIMMO UNITED METHODIST CHURCH PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VA." WHICH PLAT IS ATTACHED HERETO. WHEREAS, it appearing by affidavit that proper notice has been given by Nimmo United Methodist Church, that they would make application to the council of the City of Virginia Beach, Virginia, on 1 1987, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of t:he Council that said street be discontinued, closed, and vacatE.@d; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of: the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: Nimmo Church Lane, Beginning at the intersection of Nimmo Church Lane and Princess Anne Road, the easternmost portion of the Nimmo United Methodist Church church site; that being the POINT OF BEGINNING; thence along a curve to the right with a chord bearing N 46,57,27" Wwith a radius of 200.15 feet and a length of 85.91 feet to a point; thence continuing along a curve to the right with a chord bearing N 17@44'54" W with a radius of 679.00 feet and a length of 400.87 feet to a point; thence continuing N 00'5010511 W a distance of 111.49 feet to a point; thence continuing S 89@09,5511 W a distance of 7.50 feet to a point; thence continuing N 00,5010511 W adistance of 27.17 feet to a point; thence continuing along a curve to the left with a chord bearing N 33-07,4711 W with a radius of 50-00 feet and a lencjth of 56.37 feet to a point; thence continuing along a curve to the right with a chord bearing N 55@11'23" W with a radius of 50.00 feet and a length of 17.83 feet to a point; thence continuing N 4114811711 W a distance of 65.00 feet a point at the intersection of Nimmo Church Lane and the southern right of way line of General Booth Boulevard; thence along a curve to the left with a chord bearing N 3913614511 E with a radius 858.11 feet and a length of 257.09 feet to a point;' thence continuing S 17,0612011 W a distance of 5.11 feet to a point; thence continuing along a curve to the left with a chord bearing S 08@47'42" W with a radius of 588.45 feet and a length of 170.71 feet to a point; thence continuing S 00*3214111 E a distance of 94.01 feet to a point; thence continuing S 87,5414911 W a distance of 15.42 feet to a point; thence continuing S 00@50'05" E a distance of 170.19 feet to a point; thence continuing along a curve to the left with a chord bearing of -S 17,4415211 E with a radius of 649.00 feet and a length of 383.16 feet to a point; thence continuing along a curve to the left with a chord bearing S 51@35'36" E with a radius of 170.15 feet and a length of 100.57 feet to a point; thence continuing S 4411614011 W a distance of 61.17 feet to a poi.nt; thence continuing N 05@0414311 E a @iistance of 30.23 feet to the POINT OF BEGIT[NING. SAVE AND EXCEPT that certain piece ol- parcel of land designated as "S' NO INGEESS-EGRESS EASEMENT HEREBY DEDICATED TO ]'HE CITY OF VIRGINIA BEACH, VIRGINIA,,, as slkown on the plat entitled "PLAT SHOWING NI.MMO CHURCH LANE VACATION FOR NIMMO UNITED METHODIST CHURCH PRINCESS ANNE BOROUGH - VIRGINIA BEACH, VA.", prepared by Venture Engineering, P.C. ENGINEERING-SURVEYING- PLANNING, Virginia Beach, Virginia, a copy of which is attached hereto and made a part 2 hereof, to which reference is made for a more Particular desc@iption. Said parcel of land designated as "NI14MO CHURCH LANE" as indicated on that certain plat of properl-Y in Virginia Beach, Virginia, which plat is to be recorded in the Clerk-s office of the circuit Court of the City of Virginia Beach, Virginia, upon adoption of this ordinance, and is made a part hereof by reference. SECTION II A certified copy of this ordinance shall be filed in the Clerk's office of the Circuit Court of the city of Virginia Beach, Virginia, and indexed in the name of the City Of Virginia Beach as Grantor. SECTION III This ordinance shall be effective sixty (60) days from the date of its adoption. Adopted: FINAL APPROVAL: April 25, 1988 3 - 26 - Item V-F.l.c. PUBLIC HFARING PLANNING ITEM # 29265 J. Randolph Stokes, 1520 South Eleanor Court, Phone: 627-7677, represented the applicant. J. Randolph Stokes requested Condition No. 1(the ultimate disposition of this right-of-way shall be by purchase rather than direct conveyance, subject to determination by the City Attorney's Office), be MODIFIED to provide the ultimate disposition of this right-of-way be by direct conveyance rather than purchase. Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council APP'@IOVED, subject to Compliance of Conditions by October 24, 1988, of an Ordinance udon application of CHARLES F. BURROUGHS, JR., for the discontinuance, closure and abandonment of a Dortion of Five Forks Road. Application of Charles F. Burroughs, Jr., for the discontinuance, closure and abandonment of a portion of Five Forks Road beginning at the south,viest intersection of First Court Road and Greenwell Road and running in a southwesterly direction a distance of 737-53 feet. Said parcel is variable in width from 31.70 feet to 33.66 feet and contains 24,020 square feet more or less. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The following conditions shall be required: 1. The ultimate disposi-tion of this right-of-way shall be by purchase rather than direct conveyance) subject to determination by the City Attorney's Office. 2. Dedication of a public utility easement a@@ determined by Public Utilities over the existing waterline located within the portion of right-of- iiay to be closed. 3. Dedication of a private easement or relocation of existing Virginia Power facilities located within the area proposed for closure at the applicant's expense. 4. Resubdivision of the prouerty and vacation of internal lot lines to incorporate the closed area into adjoining parcels, as well as to ensure that all lots have access to a public street. 5. A fifteen (15) foot pedestrian/bicycle easement shall be dedicated over the Dedestrian path existing within the right-of-way. This easement shall be worded to also permit access by repair vehicles wliich may be required in conjunction with the waterline existing in the right-of-way. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 180 days of the approval by City Council. - 27 - Item V-F.l.c. PUBLIC HEARING PLANNING ITEM t' 29265 (Continued) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Ilarold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 28 - Item V-F.l.d. PUBLIC HEARING PLANNING ITEM # 29266 Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the applicant and advised access to this property can only be from an existing neighborhood. The City Attorney advised Councilman Moss, tliis application cannot be grandfathered as a PD-H.2 in the future, it would have to be resubmitted under the current zoning. Upon motion by Councilman Balko, seconded by Councilman Baui3, City CoiLicil ALLOWED WITHDRA@IAL of an Ordinance upon application of SOUTHEASTERN VIRGINIA INVESTORS AND CAMERON & EVELYN MUNDEN for a Change of Zoning: ORDINANCE UPON APPLICATION OF SOUTI'EASTERN VIRGIIIIA INVESTORS AND CAMERON & EVELYN MUNDEN FOR A CHAIITGE OF ZONING DISTRICT CLASSIFICATION Ordinance udon application of Southeastern Virginia Investors and Cameron & Evelyn Munden for a Change of Zoning District Classification from R-5 Residential District to PD-H2 Planned Unit Developinent District on certain property located 1060 feet more or less south of London Bridge Road, 1140 feet more or less west of Pine View Avenue. Said parcel contains 123.62 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Heriley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Councilman Members Voting Nay: None Council Members Absent: None Items V-F.l.d,e and f were voted upon in ONE I@IOTION. - 29 - Item V-F.l.e. PUBLIC HEARING PLANNING ITEM # 29267 Upon motion by Councilman Balko, seconded by Councilman Baiim, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of JOliN G. & MARY M. WILLIAMS for a Change of Zoning: ORDINANCE UPON APPLICATION OF JOFN G. & MARY M. WILLIAMS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 TO A-2 Ordinance upon application of John G. &. Mary M. Williams for a Change of Zoning District Classification from R-5 Residential District to A-2 Apartment District on ce-tain property located on the nortli side of Newto@rn Road beginning at a point 150 feet more or less east of Diamond Springs Road. Said parcel contains 1.14 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Ileischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John Perry Councilman Members Voting Nay: None Council Members Absent: None Items V-F.l.d,6 and f were voted upon in ONE MOTION. - 30 - Item V-F.l.e. PUBLIC HEARING PLANNING TTEM /,! 29268 Upon motion by Councilman Balko, seconded by Councilman Baum, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of SHORE DRIVE PARTNERSHIP for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SHORE DRIVE PARTNERSHIP FOR A CONDITIONAL USE PERMIT FOR A CAR WASH Ordinance upon application of Shore Drive PartnershiD for a Conditional Use Permit for a car wash on certain property located on the south side of Shore Drive beginning at a point 130 feet more or less east of Vista Circle. Said parcel contains 1 acre. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Councilman Members Voting Nay: None Council Members Absent: None Items V-F.I.d,e and f were voted udon in ONE MOTION. - 31 - Item V-F.l.j,,. PUBLIC HEARING PLANNING ITFZI # 29269 Pastor Ray Hatcher, 1141 Warner Hall Drive, Phone: 427-5088, represented the applicant Dudley E. Martin, Phone: 471-3502, represented the applicant Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of ST. MICHAEL LUTHERAN CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ST. MICHAEL LUTHERAN CHURCH FOR A CONDITIONAL USE PERMTT FOR A CHURCH R04881138 BE IT HEREBY ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of St. Michael Lutheran Church for a Conditional Use Permit for a church on the northwest side of Princes Anne Road, 103 feet northeast of Huckleberry Trail on Parcel One, Subdivision of Property of Alot Corporation. Said parcel contains 3 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. A dedication of right-of-way for a right turn lane is required for the site from Princess Anne Road. 2. Improvements to the right turn lane may be required with future expansion of the church facilities. The requirement of turn lane construction will be determined during future detail site plan review. This determination will be bq,sed on the type and extent of the expansion and the additional need generated by the expansi-on. 3. Improvements for two left turn lanes may be required with future expansion of the church facilities to provide for safe U-turn movements. The required left turn lanes will be located eastbound on Princess Aiine Road at its intersection with General Booth Boulevard and westbound on Princess Anne Road at its intersection with Huckleberry Trail. The requirement for turn lane construction will be determined during future detail site plan review. This determination will be based on the type and extent of the expansion and the additional need generated by the expansion. 4. As an alternative to the left turn lane improvements, it is su,gested that the representative of the church negotiate rights of ingress and egress with the owners/developers of the adjacent property located to the northeast. If and when this property is develop--d and appropriate City ordinances allow for the ingress and egress of the church related traffic across the property, the church related traffic will be afforded access to the traffic signal at General Booth Boulevard and Princess Anne Road, thereby relieving the need for left turn lanes for U-turn purposes. - 32 - Item V-F.l.g. PUBLIC HEARING PLANNING ITFIL # 29269 (Continued) 5. The utilization of best management Dractices for controlling stormwater runoff which are reasonably applicable to the developnent of the site and in keeping w!-th the recomriendations for the proposed Back Bay/North Landing River Management District. 6. Category I screening shall be installed along the boundary of the proposed church building site adjacent to the residential sites. 7. In accordance with the City's Master Street and Highway Plan, a dedication is required along the frontage of Princess Anne Road to ldrovide for a scenic buffer. Approximately 15 feet of dedication will be required. The exact dedication will be determined during detailed site plan review. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- fifth day of April, Nineteen Hundred and Eighty-eight. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. Mcclanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 33 - Item V-F.I.h. PUBLIC HEARING PLANNING ITEM d 29270 Attorney Barry Koch, 2508 Pacific Avenue, Phone: 428-4681, represented tlle applicant J. L. Styron, the applicant, advised the site would be improved. The bus and trailer will be moved. Upon motion by Councilman Balko, seconded by Councilman 14oss, City Council DENIED an Ordinance upon application of A. D. PRICE AND J. L. STYRON for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF A. D. PRICE AND J. L. STYRON FOR A CONDITIONAL USE PERMIT Ordinance upon application of A. D. Price and J. L. Styron for a Conditional Use Permit for a car wash on certe,-in property located on the east side of Oceana Boulevard, 4450 feet south of Southern Boulevard and contains 1.5 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. Bauin, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, Joh.-i D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: John L. Perry Council Members Absent: None - 34 - Item V-F.l.i. PUBLIC HEARING ITEM # 29271 PLANNING Attorney Charles Salle' 192 Ballard Court, Phone: 490-3000, represented the applicant and referenced the application of EXXON CORPORATION for a Conditional Use Permit, ADOPTED by the City Council on May 19, 1986 (ITEM # 25410). Attorney Salle advised in listening to the recording of this particular item, it was evident there was an agreement of no further curb cuts ori this property if the EXXON was approved with the exception of one curb on General Boo-Ch Boulevard and on London Bridge Road. Attorney Charles Salle' advised he was attempting to co-ordinate with the adjacent Savings and Loan Company to devise a method of shared ingress/egress and cross easements for access to the existing approved curb cuts. Attorney Salle' requested DEFERRAL of the matter. The following registered in OPPOSITION, but were not in opposition to the DEFERRAL: Julian Granger, 951 Wildwood Square Court, Phone: 481-5385. Julian Granger advised he was in attendance only to read a statement from Betty Wells of Red Mill Farm. Lou Pace, 1980 Hunts Neck Court, Phone: 468-0928, represented the Hunt Club Forest Civic Association A MOTION was made by Councilman Perry, seconded by Councilman Baum to DEFER for thirty (30) days the application of Amoco Oil Company for a Conditional Use Permit for gasoline pumps, car wash in conjunction with a convenience store at the northwest corner of London Bridge Road (Relocated) and General Booth Boulevard, containing 43,961-38 square feet (Princess Anne Borough). Said MOTION was AMENDED. Upon motion by Councilman Perry, seconded by Councilman Baum, City Council REFERRED BACK TO THE PLANNING COMMISSION an Ordinance upon application of AMOCO OIL COMPANY for a Conditional Use Permi-t: ORDINANCE UPON APPLICATION OF AMOCO OIL COMPANY FOR A CONDITIONAL USE PERMIT FOR GASOLTNE PUMPS, CAR WASH IN CONJUNCTION WITH A CONVENIENCE STORE Ordinance upon application of Amoco Oil Company for a Conditional Use Permit for gasoline pumps, car wash in conjunction with convenience store on certain property located at the northwest corner of London Bridge Road (relocated) and General Booth Boulevard. Said parcel contains 43,961-38 square feet. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. Voting: 7-4 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Harold Heischober, Barbara @l. Henley, Mayor Robert G. Jones, Nancy K. Parker and John L. Perry Council Members Voting Nay: Albert W. Balko, Reba S. McClanan, John D. Moss and Vice Mayor Meyera E. Oberndorf Council Members Absent: None - 35 - Item V-F.l.,i. PUBLIC HEARING PLANNING IT@ # 29272 George P. Stevens, Partner of Beach Crab Associates, represented the applicant, and advised the units would be two-bedroom, two-bath units. LCDR Mark Terrell, NAS Oceana, Phone: 433-2408, spoke in OPPOSTTION and advised ttie application lies within Oceanals Moderate Accident Potential Zone and High Noise Zone 3. Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council DENIED an Ordinance upon application of BEACH GRAB ASSOCIATES for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF BEACH CRAB ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR MULTIPLE FAMILY DWELLINGS Ordinance upon application of Beach Crab Associ-ates for a Conditional Use Permit for multiple family dwellings on certain property located on the south side of lgth Street, 1440 feet more or less east of North Birdneck Road. Said parcel contains 4.35 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold fleischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Naicy K. Parker and John L. Perry Council Members Voting Nay: Tione Council Members Absent: None - 36 - Item V-G. GONSENT AGENDA ITEII # 29273 Upon motion by Councilman Baum, seconded by Councilman Balko, City Council APPROVED in ONE MOTION Items 1 and 2 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 37 - Item V-G. 1 . CONSENT AGENDA ITEM # 29274 Upon motion by Councilman BauTq, seconded by Councilman Balko, City Council ADOPTED: RESOLUTION IN RECOGNITION Garland L. Isdeli David W. Pender III Edward Snyder Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None RESOLUTION IN RBCOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that @ ourselves have fulfillea our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: GARIAND L. ISDELL served as a M2mber on the Virginia Beach BOARD OF ZONING APPEALS from December 1974 thru December 1987. His dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NaW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Twenty-Fifth day of April, Nineteen Hundrea Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: G A R L A N D L. I S D E L L Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHERFAS: Life is so mpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: DAVID W. PENDER III served as a Mmber on the Virginia Beach ADVERTISING SELBCTION COMMITTEE from January 1986 thru December 1987. His dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. Now, THEREFCRE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Twenty-Fifth day of April, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPE)CT to: D A V I D W. P E N D E R I I I Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitinent; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that @ ourselves have fulfilled our purpose, rnet our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: MWARD SNYDER served as a Member on the Virginia Beach ADVERTISING SELECTION CCKMITTEE from February 1986 thru December 1987. His dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFCRE, BE IT RESOLVED: @at the Virginia Beach City Cbuncil here assembled this Twenty-Fi-fth day of April, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPBCT to: E D W A R D S N Y D E R Given under my hand and seal, Mayor - 38 - Item V-G.2. CONSENT AGENDA ITF14 # 29275 Upon motion by Councilman Baum, seconded by Councilman Balko, City Council ADOPTED upon SECOND READING: Ordinance to Increase Revenues and Appropriations in the FY 187-188 Operating Budget by $27,000 for the purchase of a replacement ambulance through the Division of Emergency Medical Services for the Blackwater Volunteer Rescue Squad. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE TO INCREASE REVENUES AND APPROPRIATIONS THE FY87-88 OPERATING BUDGET BY $27,000 FOR THE PURCHASE REPLACEMENT AMBULANCE THROUGH THE DIVISION OF EMERGENCY ICAL SERVICES FOR THE BLACKWATER VOLUNTEER RESCUE SQUAD WHEREAS, the City of Virginia Beach provides emergency medical services for its citizens through a successful cooperative venture with an all-volunteer staff of emergency care providers organized into independent rescue squads. and h'HEREAS, the City supports these volunteer rescue squads with monthly stipends to offset routine operating expenses, and, when necessary, purchases major capital equipment with financial assistance from the rescue squads, and WHEREAS, the current ambulance for the Blackwater Volunteer Rescue Squad requires replacement, and WHEREAS, the FY87-88 Operating Budget has $38,000 appropriated as the City's share of the purchase of a replacement ambulance for the Blackwater Volunteer Rescue Squad, with the agreement that the Squad will contribute the balance of funds required for the purchase, and WHEREAS, the lowest acceptable bid submitted amounts to $65,000, and WHEREAS, since the City shall retain title to the ainbulance, the full purch,ase price of the ambulance must be appropriated in order to meet accounting requirements. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that revenues be increased by the acceptance of the $27,000 contribution from the Blackwater Volunteer Rescue Squad toward the purchase of the ambulance, and BE IT FURTHER ORDAINED that the $27,000 contribution be appropriated into the FY87-88 Operating Budget of the Divisi6n of Emergency Medical Services for the purchase of the ambulance for $65,000. First Reading: April 18, 1988 Second Reading: April 25.1988 - 39 - Item VI-I.l. NEW BUSINESS ITEM # 29276 Upon motion by Councilman @loss, seconded by Councilman Fentress, City Council SCHEDULED RECONSIDERATION for the City Council Meeting of May 23, 1988 of Conditions in the January 19, 1981, application of Victory Baptist Church for a Conditional Use Permit for a church on the South side of Providence Road EaTt-of Cresthaven Lane @KempsviiiTB-orough). ORDINANCE UPON APPLICATION OF VICTORY BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOi A C11URCH R0181360 Ordina--qce upon adplication of Victory Baptist Church for a Conditional Use Permit for a church on certain property located on the south side of Providence Road beginning at a point 920 feet more or less east of Cresthaven Lane, running a distance of 122.21 feet along the south side of Providence Road, running a distance of 200 feet in a southerly direction, running a distance of 123-44 feet in an easterly direction, running a distance of 717.92 feet along the eastern property line and running a distance of 931 feet along the western property line. Said parcel contains 4.5 acres more or less. KEMPSVILLE BOROUGH. The applicant is selling a portion of the property covered by the site plan, therefore, they are requesting a RECONSIDERATION of adherence to the site plan and a change in the acreage covered by the Use Permit. P-xtension of Indian Lakes Boulevard will divide the property. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 40 - Item V-J. 1 . ADJOURNMENT ITEM # 29277 Upon motion by Councilman Perry and BY ACCLAMATION, City Council ADJOURNED the Meeting at 9:00 P.@l. B ,e@ Chief Deputy City Clerk bert -Kuth Ilod&s Smith, CMC lyor City Clerk City of Virginia Beach Virginia