JANUARY 25, 1988
it; "f 13@-@ @ll
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR ROBERT G. JONES, A, L.,g@
VICE MAYOR MEYERA E OBERNDORP, A, L,,g,
A@ERT W BALKO, L,@@h-,@ B-,h
JOHN A BAUM, 81.,k-1, B-..,h
ROBERT E. FENTPESS, Vi,i@i@ 8 .. h B-,h
tiAROLD HEISCHOBER, A, L,,,
BARBARA M HENL.EY, P.,V @@.gh
REBA S MCLANAN, P,@,,. A.., @..gh
JOHN D MOSS, K,@,@ll, @,h
N@CY K PA@ER, A@ @,,
JOHN L PERRY, B,,id, @@,h
281 Cffy HALL BUILDING
MUNICIPAL CENTER
A- I --, J., CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 234@-9002
J. - .-N, @i,, A@-, (804) 427 @303
R-
January 25, 1988
ITEM T. COUNCIL CONFERENCE SESSION - Conference Room - 4:00 PM
A. CITY COLNCIL CONCERNS
ITEM II. INFORMAL SESSION - Conference Room - 4:30 PM
A. CALL TO ORDER - @yor Robert G. Jones
B. ROLL CALL OF COUNCIL
C. RE)CESS TO EXBCUTIVE SESSION
ITEM III. FCRMAL SESSION - Council Chamber - 7:00 PM
A. INVOCATION: Reverend E. Ray Cox, Sr.
ITew Hope Baptist Church
B. PLEDGE OF ALLEGIANCE TO THE FIAG OF THE UNITED STATES OF AMERICA
C. ELECTROIIIC ROLL CALL OF CITY COUNCIL
D. ADOPTION OF ITEMS FOR THE FOMIAL AGENDA
E. MINUTES
1. INFORMAL & FORMAL SESSIO17S - January 19, 1988
F. PROCLAMATIONS
1. Community College Week - January 24-30, 1988
2. Boy Scouts of America Week - February 7-13, 1988
G. PUBLIC HEARING
1. PRINCESS ANNE RBCREATION CERRER SRTE
Site 1: Hunt C]-ub Forest - forty eight acres located on the
Southeast intersection of London Bridge Road and General Booth
Boulevard.
Site 2: Redmill - forty six acres located 14orth of Painters
Laneand South of Culver Lane.
Site 3: DLinwoody - twenty three acres located at the end of
Hubbell Drive (south side) off General Booth Boulevard and South of
Dam IJeck Road.
Site 4: Red Wing Park - ninety acre City-owned Park.
H. PIJBLIC HEARING
1. PLANNING
a. Application of Bernie Walker for a Conditi.onal Use Permit for a
single-family residence in thc! AG-1 District on the East side
of New Bridge Road, 2,059 feet South of Sandbridge Road (3022
New Bridge Road) , containing 1 6. 71 acres (Princess Anne
Borough) .
DEP@D January 11, 1988
Recommendation: APPROVAL
b. Application of Ronald L. Dingwall for a Conditional Use Permit
for a single-family dwelling in the AG-1 Agricultural District
on Lot A-21, Princess Anne Hunt Club (2287 London Bridge Road,
containing 5.474 acres (Princess Anne Borough).
Recommendation: APPROVAL
C. Application of Ouida C. Young for a Conditional Use Permit for
an automobile repair facility (auto upholstery) on Lots 1-3,
6-9 and 23-28, Block 28, @clid Place (5040 Virginia Beach
Boul.evard) , containing 41, 513 squar@ feet ( Bayside Borough)
Recommendation: APPROVAL
d. Application of lee A. Gifford for a Conditional Use Permit for
an eight foot (8') by eight foot (8') billboard on the West
side of South Military Iiigh@y, 200 feet more or less South of
Indian River Road (845 South Military Highway), containing 2.46
acres (Kempsville Borough).
Recommendation: APPROVAL
e . Application of @xaco Refining and Marketing, Inc. for a
Conditional Use Permit for a service station in conjunction
with a convenience store and a car wash at the Southeast corner
of Holland Road and Shipps Corner Road, containing 39,640
square feet (Princess Anne Borough).
DEFERRED January 4, 1988
Recc(nmendation: APPROVAL
f. Application of Gene S. Meekins for a Conditional Use Permit for
a bulk storage yard (boat and boat trailer storage) on the West
si-de of Village Drive, 420.25 feet South of Laskin Road,
containing 3.069 acres (Lynnhaven Borough).
Recommendation: APPROVAL
g. Application of John W. and Patricia A. French for a Conditional
Use Perrnit for a car wash on the West side of Proposed Phoenix
Drive, 490 feet more or less South of Guardian Tane, containing
3.25 acres (Lynnhaven Borough)
Recommendation: APPROVAL
h. Application of J. J. O'Keefe for a variance to Section 4.1(b)
(1) of the Subdivision Ordinance to allow the arrangement of
streets in the subdivision to provide for continuation or
appropriate projection of existi ng ar terial or collec tor
streets in surromding areas, (Lynnhaven Borough)
DEFERRED December 21, 1987
Recommendation: APPROVAL
i. Application of Whitehurst Associates for a Variance to Section
4.5(a) of the Subdivision ordinance which requires land to be
set aside for open space and recreational purposes in
residential developments. The proposed subdivision requires a
recreational/open space reservation of .78 acres (Kempsville
Borough) .
Recommeridation: DENIAL
j. ordinance for discontinuance, closure and abandonment of a
portion of Old Donation Parkway beginning at a point 980 feet
more or less West of North Inlynnview Road and running in a
Westerly direction a distance of 353 feet mare or less, in the
petition of ilenneth D. and Evelyn Reid, containing 1.45 acres
more or less (Lynnhaven Borough).
Recommendation: DENIAL
k. Application of Robert H. Venner for a Conditional use Permit
for a recreational facility of an outdoor nature on the North
side of Princess Anne Road, 150 feet more or less East of
Holland Road (2368 Princess Anne Road), containing 17.640 acres
(Princess Anne Borough).
Recommendation; DENIAL
1 . Application of Bob M. and Janet B. Martin for a Change of
zZoning from R-1 Residential District to R-3 Re siden ti al
District on Site 58 and Parts of Site 57 and 59, Linkhorn Park
(320 Bay Colony Drive) , containing 3.18 acres, (Virginia Beach
Borough) .
Recommendation: DENIAL
M. Application of Peed Associates for a Change of Zoning from R-4
Residential District to R-6 Resi-dential District, containing
7.108 acres, (Baysidc Borough).
Parcel 1 : Beginning at a point 109.65 feet South of the
southern terminus of old Reedtown Road, containing 1.399 acres.
Parcel 2: South side of Old Reedtown Road at the intersection
with Reedtown Road, containing 1.679 acres.
Parcel 3: West side of RE?edtown Road beginning at a point
276.16 feet South of Sir Johns Lane, containing 1.845 acres.
Parcel 4: Northwest corner of Sir Johns Lane and Reedtown
Road, containing 1.437 acres.
AND,
Parcel 5: Northeastern extremity of Reedtown Road, containing
32,582.88 square feet.
Recommendation: DENIAL
n. Ordinance to AMEND and REORDAIN Article 9, Section 944.1 of the
Comprehensive Zoning Ordinance of the City of Virginia Beach,
Virginia, pertaining to Sign Regulations in the B-5 Resort
Commercial District.
Recommendation: APPROVAL
I. RESOLUTION
1. Pesolution authorizing consideration of four sites (Exhibit A) f-or
Recreation Facilities in the Southeastern Part of the City for the
Princess Anne Recreational Center.
J. CONSENT AGENDA
All matters listed under the Consent Agenda are considered i-n the
ordinary course of business by City Council and will be enacted by one
motion in the form listed. If any item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. ordinance to authorize acquisition of property in fee simple for
right-of-way for Ferrell Parkway Phase I-C AND the acquisition of
temporary and permanent easements of right of way, either by
agreement or condemnation.
2. Ordinance upon SBCOND READING to ACCEPT and APPROPRIATE $30,600 in
revenue frorn the operation of a Day Camp Program for children of
"inicipal anployees to support program operations.
3. LOW BID to Utility Builders, Inc. in the amount of $363,303.15 for
Trantwood Shores - 51% Type CIP 5-008 for water and sewer Operating
Revenue Capital Project fund.
4. RAFFI.E PERMIT
a. Virginia Beach Independence Lions Club
K. UNFINISHED BUSINESS
L. NEW BUSINESS
1. Resolution requesting the General Assembly to AMEND Section 15.1-
491 (a) of the Code of Virginia so as to include the City of
Virginia Beach among those counties, cities and towns which may
utilize the written proffer process (Conditional zoning) as
provided therein.
M. ADTOURIMENT
9
Item III-E.1
MIYUTES IT13-1 28762
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City
Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of January
25,,1988, as CORRECTED.
Page 35, ITEM # 28736, Item III-T.l.(b)
The motion should CORRECTLY state:
Upon motion by Qg;;,;@4 I
Councilwoman
'vlcClanan, seconded by Councilman 'n@eischober, City
i
Council @DOPTED, AS AMENDED:
Resolution authorizing the selection of the Hunt
Club Forest site for Recreation Facilities i-n the
Southeastern Part of the City for the Princess Anne
Recreational Center; and, authorizing the City
Manager to submit a financial plan for the
acquisition of this site.
(A corrected page was distributed to Members of
City Council).
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Heiley, Mayor Robert
G. Jones, Reba S. McClanan, John D. @loss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 25, 1988
The CITY COUNCIL CONFERENCE SESSION of the VIRGINIA BEACH CITY COUNCIL was
called to order by Vice Mayor Meyera E. Oberndorf in the Conference Room, City
Hall Building, on Monday, January 25, 1988, at 4:00 P.M-
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, John D. Moss,
Vice Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
Mayor Robert G. Jones (ENTERED: 4:02 P.M.)
Reba S. McClanan (ENTERED: 4:05 P.M.)
John L. Perry (ENTERED: 4:35 P.M.)
- 2 -
V I C E M A Y 0 R I S C 0 N C E R N S
ITEM # 28705
Vice Mayor Oberndorf referenced the concern for the safety of individuals
working alone in CONVENIENCE STORES throughout the night. The Vice Mayor
requested the City Attorney to investigate methods by which the City Council
could encourage the private sector to assure a safer working environment for
their employees.
- 3 -
C 0 N C E R N S 0 F T H E M A Y 0 R
ITF14 # 2870'0
The Mayor advised of a telephone call from the Chesapeake City Council relative
a MUTUAL SILVER ANNIVERSARY BREAKFAST with the City of Virginia Beach. The
Mayor requested Councilwoman McClanan arrange same.
- 4 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 28707
Councilwoman Parker referenced the Newspaper article relative the lowering of
the Lago Mar sewerage lagoon.
The City Manager will contact the State Water Control Board which is the
regulatory agency and advise City Council.
ITEM # 28708
Councilman Moss referenced the addition of an ITEM under NEW BUSINESS.
Councilman Moss requested the RECONSIDERATION of a Condition of the application
of WILLIAM E. WOOD for a Change of Zoning District Classification from R-6 to
B-2 in the Kempsville Borough ADOPTED by City Council on November 10, 1975.
The Staff has investigated Condition No-3:
Entrances to the shopping center shall be at least
650 feet from the intersection of Kempsville Road
and Centerville Turnpike.
Councilman Moss met with the principals and City Staff. This Condition does
not appear to be feasible.
ITEM # 28709
Councilman Moss inquired as to when City Council will SCHEDULE the PUBLIC
HEARINGS relative the COMPREHENSIVE ZONING ORDINANCE.
Councilwoman Parker advised the HMP Committee will meet Wednesday, January 27,
1988. Councilwoman Henley advised an update relative their recommendations will
be prepared for the City Council Meeting of February 1, 1988, and dates will be
recommended for SCHEDULING of PUBLIC HEARINGS.
- 5 -
ITEM # 28710
Mayor Robert G. Jones entertained a motion to permit City Council to conduct
its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia,
as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
institution which could effect the value of property owned or desirable
for ownership by such institution.
3. PUBLIC FUNDS INVESTMENT: The investing of public funds where competition or
bargaining is involved, where if made public initially the financial
interest of the governmental unit would be adversely affected.
4. 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. Specific items of business on the City Council agenda that may be
discussed in Executive Session are the following: G.l.
Upon motion by Councilman Moss, seconded by Councilman Balko, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 10-0
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 and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry (ENTERED: 4:35 P.M.)
6
Item III-F.l.
PROCLAMATION ITF!4 28711
Mayor Robert G. Jones PROCLAIMED the week of January 24-30, 1988 as:
COMMUNITY COLLEGE WEEK
This PROCLAMATION recognized TIDEWATER COMMUNITY GOLLEGE for its outstanding
service to the citizens of the Community. TIDEWATER COMMUNITY COLLEGE has
served the region since 1968.
This PROCLAMATION was ACCEPTED by Dr. LaBouvel and Dr. E. T. Buchanan.
Jan
WHEREAS, the very concept of community colleges was conceived
by Virginian, Thomas Jefferson, who sought to better educate the
people and enable them to protect their newly gained rights by
creating institutions of higher learning within a day's horseback
ride; and
WHEREAS, in 1966 the Virginia State Legislature created the
Department of and State Board for the establishment and main-
tenance of a state-wide system of comprehensive community
colleges; and
WHEREAS, the 23 community colleges Iin the system make
available a wide range of programs and services to every citizen
in Virginia at minimal cost; and
WHEREAS, these institutions have provided hundreds of
thousands of Virginians with the skills needed for good jobs,
college transfer courses, counseling services and a variety of
cultural services, serving more than 250,000 citizens each year;
and
WHEREAS, it is appropriate that the p(@ople of Virginia
recognize the contributions of their community colleges, support
these institutions, and promote public awarenee;s of the services
available to our citizens; and
WHEREAS, Tidewater Community College has served the region
since 1968, providing accessible, low cost, post secondary
educational opportunities to citizens of the City of Virginia
Beach.
NOW, THEREFORE, I, Robert G. Jones, Mayor of the City of
Virginia Beach, do hereby proclaim the week of January 24-30, 1988
as
COMMUNITY COLLEGE
in Virginia Beach and cormnend TIDEWATER COMMUNITY COIJEGE for its
outstanding service to the citizens of our community.
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 January, nineteen hundred and eighty-
eight.
Robert G. Jones
Mayor
7
Item III-F.2.
PROCLA14ATION ITFM 28712
Mayor Robert G. Jones PROCLAIMED the week of February 7-13, 1988,as:
BOY SCOUTS OF AMERICA
This PROCLA14ATION recognized the BOY SCOUTS OF AMERICA for their important
contributions to the moral character, spiritual growth and leadership
development of the youth of Virginia Beach.
This PROCLAMATION was ACCEPTED by James Bergdoll, Virginia Beach Chairman of
the TIDEWATER COUNCIL of BOY SCOUTS OF AMERICA. Representatives from Pack 364
and Boy Scout Troop 364 sponsored by Bayside Presbyterian Church, the Varsity
Scouts from Bow Creek Presbyterian Church, Explorer Post 911 sponsored by the
Virginia Beach Police Department; Troop 67 of Little Creek Amphibious Base and
Tom Mullen, District Scout Executive in Virginia Beach, were also in
attendance.
Vice Mayor Oberndorf is the newest member of the Executive Council of the BOY
SCOUTS OF AMERICA.
- 7a
rojrt;utn;uti 6 on
WHEREAS, 1988 marks the seventy-seventh anniversary of
the Tidewater Council, Boy Scouts of America; and
WHEREAS, the Boy Scouts of America has made and
continues to make important contributions to the moral
character, spiritual growth, and leadership development of
the youth of Virginia Beach; and
WHEREAS, numerous Virginia Beach civic organizations and
educational and religious institutions utilize Scouting pro-
grams to inspire their youth members with positive human
values and practical experiences;
NOW, THEREFORE, I, Robert G. Jones, Mayor of the City of
Virginia Beach, do hereby proclaim February 7-13, --L988 as
BOY SCOUTS OF M=CA WEEK
in Virginia Beach and urge all Scouts, as well a!3 all other
citizens, to continue to do their best to do th(air duty to
their God and their country, to obey the Scout Lilw, to help
other people at all times, and to keep themselves physically
strong, mentally awake, and morally straight.
IN WITNESS WHEREOF, I have hereunto set m,y hand and
caused the seal of the City of Virginia Beach, Virginia, to
be affixed this twenty-fifth day of January, nineteen hundred
and eighty-six.
Robert G. Jones
Mayor
- 8 -
Item III-F-3-
ADD-ON ITEM # 28713
The City Clerk advised of other PROCLAMATIONS issued during the month of
January, 1988:
VIRGINIA BEACH TWENTY-FIFTH ANNIVERSARY CELEBRATION January 1, 1988
VIRGINIA BFACH CENTRAL LIBPARY DAY January 17, 1988
- 9 -
Item III-F.4.
PRESENTATION
ADD-ON ITEM # 28714
Mrs. Priscilla Beede and Ruth Johnson advised the ZONTA CLUB OF VIRGINIA
BEACH-CHESAPEAKE ADOPTED a Community Service Project called the Z-House as a
shelter for victims of family violence.
An engraved plaque was presented to Mayor Robert G. Jones in behalf of his
interest, support and legal expetise of the Z-House.
- 10 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
January 25, 1988
7:00 P.M.
Mayor Robert G. Jones called to order the FOR14AL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, Ja'.Iuary
25, 1988, at 7:00 P.M.
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:
None
INVOCATION: Reverend E. Ray Cox, Sr.
New Hope Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 11 -
ADOPTION OF ITEMS
Item III-D.l. ITFM # 28715
Councilman Baum referenced clarification of the proposed agricultural tour.
This item will be ADDED under UNFINISHED BUSINESS.
Item III-D.2. ITEM # 28716
Councilwoman McClanan referenced the Resolution providing for the Amendment
of the Charter of the City of Virginia Beach, Virginia, by amending Section
2.02 to ADD a new subparagraph (h) to authorize the conservation and/or
replacement of trees during land subdivision and development activities on
private property.
This item will be added under NEW BUSINESS.
Item III-D-3- ITEM # 28717
Councilwoman Henley advised of the ADDITION to the AGENDA of APPOINTMENTS to
the HISTORICAL REVIEW BOARD.
Item III-D.4. ITEM # 28718
Councilman Moss advised of a RECONSIDERATION relative the WILLIAM E. WOOD
Change of Zoning on November 10, 1975. This item will be ADDED under NEW
BUSINESS.
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.
- 12 -
Item III-E.1
MINUTES ITFM # 28719
Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City
Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of January
19, 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, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
- 13 -
Item III-G.l.
PUBLIC HEARING ITEM # 28720
Mayor Robert G. Jones DECLARED a PUBLIC HEARING on:
PRINCESS ANNE RECREATION CENTER SITE
Site 1 Hunt Club Forest - forty eight acres
located on the Southeast intersection of London
Bridge Road and General Booth Boulevard.
Site 2: Redmill - forty six acres located North of
Painters Lane and South of Culver Lane.
Site 3: Dunwoody - twenty three acres located at
the end of Hubbell Drive (south side) off General
Booth Boulevard and South of Dam Neck Road.
Site 4: Red Wing Park - ninety acre City-owned
Park.
The following spoke in SUPPORT of the Hunt Club Forest Site:
Jim Phelan, 2448 Hunt Neck's Trail
Michael Ludwig, 2404 Hillsboro Quay, Phone: 468-5045
Sandra Tainter, 2140 Kenwood drive, Phone: 427-1929
Donald Dolence, 1113 Loveland Lane, Phone: 427-2392
Pat Boger, 2501 Hunts Neck Trail, Phone: 468-6744, represented Anita Collins of
Lago Mar.
There being no further speakers, Mayor Robert G. Jones CLOSED the PUBLIC
HEARING
14 -
Item III-F.
PLANNING ITEM # 28721
Mayor Robert G. Jones DECLARED a PUBLIC HEARING on:
PLANNING
a. BERNIE WALKER CONDITIONAL USE PERMIT
b. RONALD L. DINGWALL CONDITIONAL USE PERMIT
c. OUIDA C. YOUNG CONDITIONAL USE PERMIT
d. LEE A. GIFFORD CONDITIONAL USE PERMIT
e. TEYACO REFINING AND MARKETING, INC. CONDITIONAL USE PERMIT
f. GENE S. MEEKINS CONDITIONAL USE PERMIT
g. JOHN W. AND PATRICIA A. FRENCH CONDITIONAL USE PERMIT
h. J. J. O'KEEFE VARIANCE
i. WHITEHURST ASSOCIATES VARIANCE
j. OLD DONATION PARKWAY STREET CLOSURE
k. ROBERT H. VENNER CONDITIONAL USE PERMIT
1. BOB M AND JANET B. MARTIN CHANGE OF ZONING
m. REED ASSOCIATES CHANGE OF ZONING
n. COMPREHENSIVE ZONING ORDINANCE Amend/B-5 Resort
Commercial
1 5
Item III-H.l.a.
PUBLIC HEARING
PLANNING ITEM # 28722
Joanne Ackerman, Phone: 422-2470 (h) , 497-4829 (o) , and advised the applicant
was in the process of negotiating the sale of the property and therefore
requested WITHDRAWAL.
Upon motion by Councilwoman McClanan, seconded by Vice Mayor Oberndorf, City
Council ALLOWED WITHDRAWAL of an Ordinance upon application of BERNIE WALKER
for a Conditional Use Permit for a single-family residence.
ORDINANCE UPON APPLICATION OF BERNIE WALKER FOR A
CONDITIONAL USE PERMIT FOR A SINGLE-FAMILY
RESIDENCE IN THE AG-1 DISTRICT
Ordinance upon application of Bernie Walker for a
Conditional Use Permit for a single-family
residence in the AG-1 District on the east side of
New Bridge Road, 2,059 feet south of Sandbridge
Road. Said parcel is located at 3022 New Bridge
Road and contains 16.71 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. 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 Way:
None
Council Members Absent:
None
- 16 -
Item III-H.l.b.
PUBLIC HEARING
PLANNING ITEM # 28723
Ronald L. Dingwall, 303 Atlantic Avenue, Phone: 428-2133, the applicant,
represented himself,
A MOTION was made by Councilwoman McClanan, seconded by Councilman Baum to DENY
an Ordinance upon application of Ronald L. Dingwall for a Conditional Use
Permit for a single-family lin in the AG-1 Agricultural District on Lot
A-21, Princess Anne Hunt Club (2287 London Bridge Road, containing 5.474 acres
(Princess Anne Borough).
Upon SUBSTITUTE MOTION by Councilman Perry, seconded by Councilman Fentress,
City Council DEFERRED an Ordinance upon application of RONALD L. DINGWALL for a
Conditional Use Permit.
OP,DINANCE UPON APPLICATION OF RONALD L. DINGWALL
FOR A CONDITIONAL USE PERMIT FOR A SINGLE FAMILY
DWELLING IN THE AG-1 AGRICULTURAL DISTRICT
Ordinance upon application of Ronald L. Dingwall
for a Conditional Use Permit for a single-family
dwelling in the AG-1 Agricultural District on Lot
A-21 Princess Anne Hunt Club. Said parcel is
located at 2287 London Bridge Road and contains
5.474 acres. PRINCESS ANNE BOROUGH.
This application was DEFERRED pending the City Attorney's advice concerning the
previous litigation.
Councilman Baum advised a farm was subdivided in such a way that no City
Streets were required and ended up with private roads.
Councilwoman McClanan requested specific information concerning the action of
the City Council. As the City develops more of those sites, it is going to be
an increasing problem.
Councilwoman Henley advised if this use were not allowed, then the City was not
allowing any use on this property thus rendering it unbuildable.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, 14ayor 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
- 17 -
Item III-H.l.c.
PUBLIC HEARING
PLANNING ITEM # 28724
Albert Young, represented the applicant, his wife, Ouida C. Young
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council ADOPTED:
ORDINANCE UPON APPLICATION OF OUIDA C. YOUNG FOR A
CONDTTIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR
FACILITY (AUTO UPHOLSTERY) R01881108
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Ouida C. Young for a
Conditional Use Permit for an automobile repair
facility (auto upholstery) on Lots 1-3, 6-9 and
23-28, Block 28, Euclid Place. Said parcel is
located at 5040 Virginia Beach Boulevard. BAYSIDE
BOROUGH.
The following condition shall be required:
1 . No more than five (5) cars under repair shall be
parked on the site. This total shall include cars
parked both inside the bays and outside on the lot.
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 January Nineteen Hundred and Eighty-eight.
Voting: 11-0
Council Niembers 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
- 18 -
Item III-H.l.d.
PUBLIC HEARING ITEM # 28725
PLANNING
Lee A. Gifford, the applicant, represented himself and advised his billboard
was below 12 feet in height and directional in nature.
Upon motion by Councilman Moss, seconded by Counciiman Heischober, City Council
DEFERRED two (2) weeks until the City Council Meeting of February 8, 1988, an
Ordinance upon application of LEE A. GIFFORD for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF LEE A. GIFFORD FOR A
CONDITIONAL USE PERMIT FOR AN 81 X 81 BILLBOARD
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Lee A. Gifford for a
Conditional Use Permit for an 8'x 81 billboard on
the west side of South Military Highway, 200 feet
more or less south of Indian River Road. Said
parcel is located at 845 South Military Highway and
contains 2.46 acres. Plats with more detailed
information are available in the Department of
Planning. KEMPSVILLE BOROUGH.
Councilman Moss requested this DEFERRAL to enable the report from the City
Staff relative the City's interpretation of the Billboard Ordinance and whether
the City is treating all individuals equally.
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
- 19 -
Item III-H.l.e.
PUBLIC HEARING
PLANNING ITFIL # 28726
Upon motion by Councilwoman McClanan, seconded by Vice Mayor Oberndorf, City
Council DEFERRED one week until the City Council Meeting of February 1, 1988,
an Ordinance upon application of TEXACO REFINING AND MARKETING, INC. for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF TEXACO REFINING AND
MARKETING, INC. FOR A CONDITIONAL USE PERMIT
Ordinance upon application of Texaco Refining and
Marketing, Inc., for a Conditional Use Permit for
a service station in conjunction with a convenience
store and a car wash on certain property located at
the southeast corner of Holland Road and Shipps
Corner Road. Said parcel contains 39,640 square
feet. 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. 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
- 20 -
Item III-H.l.f.
PUBLIC HEARING
PLANNING ITEM # 28727
Gene Meekins, Village Drive, Phone: 422-3201, the applicant, represented
himself, and advised storage of boats on trailers is a service needed by the
residents as boats can no longer be stored in a driveway or front yard. This
facility would not be visible from the Street. Approximately 400 boats can be
stored in this facility.
Jim Morris, showed a plat depicting the Office Building.
A MOTION was made by Councilman Balko, seconded by Councilman Moss to DENY an
application of Gene S. Meekins for a Conditional Use Permit for a bulk storage
.yard (boat and boat trailer storage) on the West side of Village Drive, 420.25
feet South of Laskin Road, containing 3.069 acres (Lynnhaven Borough).
Upon SUBSTITUTE MOTION by Councilman Fentress, seconded by Councilman Perry,
City Council DEFERRED for two weeks until the City Council Meeting of February
8, 1988 an Ordinance upon application of GENE S. MEEKINS for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF GENE S. MEEKINS FOR A
CONDITIONAL USE PERMIT FOR A BULK STORAGE YARD
Ordinance upon application of Gene S. Meekins for a
Conditional Use Permit for a bulk storage yard
(boat & boat trailer storage) on certain property
located on the west side of Village Drive, 420.25
feet south of Laskin Road. Said parcel contains
3.069 acres. Plats with more detailed information
are available in the Department of Planning
LYNNHAVEN BOROUGH.
Councilman Balko advised he had a problem with no cover wall on the horizontal
side of the building. Councilman Balko was concerned relative no sides on the
building.
This DEFERRAL will enable renderings depicting the boat facility and its
location on the applicant's property to be brought before City Council.
- 21 -
Item III-H.l.f.
PUBLIC HEARING
PLANNING IThll # 28727 (Continued)
Voting: 7-4
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Harold Heischober,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan and John L. Perry
Council Members Voting Nay:
Albert W. Balko, John D. Moss, Vice Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Absent:
None
- 22 -
Item III-H.l.g.
PUBLIC HEARING
PLANNING ITEM # 28728
Attorney Grover Wright represented the applicant and presented an
architectural rendering of the application to City Council. Thirty (30)
percent of the site will be covered by buildings. Approximately 38,000
square foot of building area. This will be a one-bay drive-thru car wash
and occupy less than 10% of the building area on the site. The applicant is
being required to construct Saber Street at his own expense. Attorney Wright
requested the condition relative curb-cuts be eliminated and handled
incident to subdivision and traffic engineering review of the site plan.
Attorney Wright advised the Project Cost would be approximately $3-MILLION
and the number of employees would be approximately 50.
OPPOSITION:
Jo Ryan, 3028 Bowling Green Drive, Phone: 340-0162, President of the Princess
Anne Plaza Civic Lea.@ue, advised the greatest concern was Sabre Road. Sabre
Road would result in a straight "shot" from South Lynnhaven Parkway to South
Lynnhaven Road. The residents of the Carriage Hill section are becoming
"grid-locked" as the Pembroke Mall/Independence area.
Upon motion by Councilman Balko, seconded by Councilman Fentress, City
Council ADOPTED an Ordinance upon application of JOHN W. AND PATRICIA A.
FRENCH for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF JOHN W. & PATRICIA
A. FRENCH FOR A CONDITIONAL USE DERMIT FOR A CAR
WASH R01881109
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VTRGTNIA BEACH, VIRGINIA
Ordinance upon application of John W. & Patricia A.
French for a Conditional Use Permit for a car wash
on certain property located on the west side of
Proposed Phoenix Drive, 490 feet more or less south
of Guardian Lane Said parcel contains 3.25 acres.
Plats with more detailed information are available
in the Department of Planning. LYNT@IIAVEN BOROUGH.
The following conditions shall be required:
1. The auto mall shall substantially adhere to the
architectural rendering submitted to the Planning
Department and labeled "Automall, U.S.A., J.
Michael King - Jack French". Said plan shall be a
part of the proceedings.
2. Category IV landscaping, in accordance with the
proposed landscaping, screening and buffering
specifications and standards, is required along the
northern and western property lines. Other
landscaping shall be based on the City's
landscaping requirements.
3. No water or oil produced by activities on the
zoning lot shall be permitted to fall upon or drain
across public streets or sidewalks or adjacent
properties.
- 23 -
Item III-H.l.g.
PUBLIC HEARING
PLANNING ITEM # 28728 (Continued)
4. There shall be a ninimum of 3 (three) off-street
parking spaces for each car wash space within the
facility.
5. The owner shall agree not to develop any of the
rest of the property until the street access to the
area is determined by the City.
6. The issue relative the Sabre Street access shall be
resolved between Attorney Wright, the applicant
and City Staff.
7. If there is an impass between the City and the
applicant, relative Sabre Road, the application
will be returned to the City Council for final
resolution.
8. Further conditions may be required during the
administration of applicable City ordinances.
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
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- 24 -
Item III-H.l.h.
PUBLIC HEARING ITEM # 28729
PLANNING
W. B. Meredith II, 1920 Lynn Cove Lane, Phone: 481-3313, represented the
applicant. Said reservatioti shall be 60-foot rather than 66-foot. The
Engineers will develop the subdivision plat in such a way, subject to the
approval of the engineering staff, so that at some later date, this
Northwest Loop is installed, provisions will be made for the City to
acquire said piece of property. W. B. Meredith requested a 3-year Option
Period for the City to purchase this land. If the City does elect to
iDurchase said land and install the Northwest Loop, he would also request
ihat any cul-de-sac that has been installed on this land be reinstated to
the property owners who now are dedicating that portion as a cul-de-sac.
Donald Trueblood, City Engineer, advised it may be in three-years the City
might decide to acquire the alignment from Mr. Meredith even though the City
might not be in a position to build the road at that time.
The City Staff enclosed in City Council's agenda a map indicating the
alternate alignments for the northwest quadrant of the Hilltop Loop. There
are three City alignments proposed. Of these alj-gnments, either two or three
is recommended. The City Staff recommends a 60-foot right-of-way be obtained
from Mr. Meredith (Said information is hereby made a part of the record).
Upon motion by Councilman Heischober, seconded by Councilman Perry, City
Council APPROVED the application of J. J. O'KEEFE for an appeal from
Decisions of Administrative Officers.
Appeal fron Decisions of Admini-strative Officers in
regard to certain elements for the Subdivision
Ordinance, Subdivis4-on for J. J. O'Keefe. Property
is located at 800 Laskin Road. Plats with more
detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGII.
The following conditions shall be required:
1. Reservation of Right-of-way for the Hilltop Loop
System, a 60-foot right-of-way, in accordance with
the Master Street and Highway Plan.
2. Alignment of right-of-way shall be determined by
the City Engineer.
3. Terms of the Agreement encompassing a plat
depicting what property will be acquired by the
City with a three-year option shall be developed by
W. B. Meredith, II, the applicant and the City
Attorney.
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
Barbara M. Henley and Vice llayor Meyera E. Oberndorf
Council Members Absent:
None
- 25 -
Item III-H.l.i.
PUBLIC HEARING ITEM # 28730
PLANNING
Attorney Allen Gordon, also Partner in lfhitehurst Associates, represented the
applicant and advised in lieu of a land reservation or dedication, there is
to be made to the City a payment of $17,500 cash. This is recommended by
City Staff. Attorney Gordon advised this parcel was composed of .5 acres.
Robert Scott, Director of Planning, advised this parcel consisted of .66
acres rather than the .78 acres stated in the Agenda.
Upon motion by Councilman Moss, seconded by Councilwoman McClanan, City
Council DENIED the application of WHITEHURST ASSOCIATES for a Variance to
Section 4.5(a) of the Subdivision Ordinance which requires land to be set
aside for open space and recreational purposes to residential developments.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Whitehurst Associates, a
Virginia Partnership. Said property is located on
the west side of 14hitehurst Landing Road, 230 feet
south of Jeffreys Lane. Plats with more detailed
information are available in the Department of
Planning. KEMPSVILLE BOROUGH.
Voti,ig: 10-1
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. Oberndarf and Nancy K. Parker
Council Members Voting i@ay:
John L. Perry
Council Members Absent:
None
- 26 -
Item III-H.l.i-
PUBLIC HEARING
PLANNING ITF14 # 28731
Attorney Robert G. Byrum, 2145 Old Greenbrier, represented the applicant and
distributed a copy of an Ordinance declaring certain property for OLD DONATION
PARKWAY EXCESS and authorizing the City Manager to dispose of same. This
Ordinance was ADOPTED by City Council on June 23, 1986. (Said copy is hereby
made a part of the record.) Attorney Byrum further advised the Viewers were
looking at the wrong piece of property. This parcel shall remain in its
natural state. There is no plan for development.
Ken Reid, the applicant, represented himself, and advised this parcel could
have no bearing on any public access as there is no ingress/egress to this
area. There is no public use of this as there is not enough water to swim,
fish or boat. At low tide most of the time this area is a mud flat.
Robert Templeton, Little Lake, represented the Inlynnview Civic League, and
spoke in support of the application
The City Clerk referenced a Letter from Inlynnview Civic League, Inc., Post
Office Box 4352, dated January 25, 1988, in support of said application.
(Said letter is hereby made a part of the record)
OPPOSITION:
Attorney Grover Wright, represented Ernest Consolvo, the original developer.
Ernest Consolvo was required to dedicate the aforementioned property as a
condition to the subdivision plat of this area. The City Policy on June 23,
1986,declared OLD DONATION PARKWAY, the undeveloped portions, as surplus, and
directed the City Manager to dispose of them in accordance with law and in a
way that was also in the best interest of the City. Ernest Consolvo has been
requesting the City to return his property to him and does not feel it
equitable for the City to in effect, give the property he dedicated to someone
else, if the City does not expect to utilize same. A portion of this peninsula
is in City ownership as a part of the City's recreational parcel.
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Councii DENIED an Ordinance upon application of KENNETH D. AND EVELYN REID for
the discontinuance, closure and abandonment of a portion of Old Donation
Parkway.
Ordinance upon application of Kenneth D. & Evelyn
Reid for the discontinuance, closure and
abandonment of a portion of Old Donation Parkway
beginning at a point 980 feet more or less west of
North Inlynnview Road and running in a westerly
direction a distance of 353 feet more or less.
Said parcel is variable in width and contains 1.45
acres more or less. LYNNHAVEIQ BOROUGH.
- 27 -
Item ITI-H.l.j.
PUBLIC HEARTNG
PLANNING ITM # 28731 (Continued)
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
- 28 -
Item III-H.l.k.
PUBLIC HFARING
PLANNING ITE@4 # 28732
Robert H. Venner, 415 #306 Harbour Point, represented himself, the applicant
and requested WITHDRAWAL
The City Clerk referenced a letter dated January 20, 1988, from Robert H.
Venner, requesting WITHDRAWAL of the application. (Said letter is hereby made
a part of the record.)
Attorney Grover Wright representing the OPPOSITION, did not OPPOSE the
WITHDRAWAL
Upon motion by Councilwoman McClanan, seconded by Vice Mayor Oberndorf, City
Council ALLOWFD WITHDRAWAL of an Ordinance upon application of ROBERT H. VENNER
for a Conditional Use Permit.
ORDINANCE UPON APPLICATION OF ROBERT H. VENNER FOR
A CONDITIONAL USE PERMIT FOR A HECREATTONAL
FACILTTY OF AN OUTDOOR NATURE
Ordinance upon application of Robert H. Venner for
a Conditional Use Permit for a recreational
facility of an outdoor nature on the north side of
Princess Anne Hoad, 150 feet more or less east of
Holland Road. Said parcel is located at 2368
Princess Anne Road and contains 17.640 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. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council @lembers Voting Nay:
None
Council Members Absent:
None
- 29 -
Item III-H.1.1.
PUBLIC HEARING ITEM # 28733
PLANNING
Attorney Phil M. Bonifant, represented the applicant and requested DEFERRAL
for thirty (30) days to allow for conferring with the Planning Department
relative new conditions.
Upon motion by Councilman Fentress, seconded by Councilman Heischober, City
Council DENIED an Ordinance upon application of BOB M. AND JANET B. MARTIN
for a Change of Zoning:
ORDINANCE UPON APPLICATION OF BOB M. AND JANET B.
MARTTN FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-1 TO R-3
Ordinance upon application of Bob M. & Janet B.
Martin for a Change of Zoning District
Classification from R-1 Residential District to R-3
Residential District on Site 58 and Parts of Sites
57 & 59, Linkhorn Park. Said parcel is located at
320 Bay Colony Drive and contains 3.18 acres.
VIRGINIA BEACH BOROUGH.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, 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:
Barbara M. Henley
Council Members Absent:
None
- 30 -
Item III-H.l.m.(a.)
PUBLIC HEARING ITEM # 28734
PLANNING
Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City
Council VOTED TO HFAR at tonight's City Council Meeting (January 25, 1988), the
Ordinance upon application of REED ASSOCIATES for a Change of Zoning Distict:
ORDINANCE UPON APPLICATION OF REED ASSOCIATES FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATTON FROM R-4
TO R-6
Ordinance upon application of Reed Associates for a
Change of Zoning District Classification from R-4
Residential District to R-6 Residential District on
the following parcels:
Parcel 1: Beginning at a point 109.65 feet south
of the southern terminus of Old Reedtown Road.
Parcel contains 1.399 acres.
Parcel 2: Located on the south side of Old Reedtown
Road at the intersection with Reedtown Road.
Parcel contains 1.679 acres
Parcel 3: Located on the west side of Reedtown Road
beginnin@ at a point 276.16 feet south of Sir Johns
Lane. Parcel contains 1.845 acres.
Parcel 4: Located at the northwest corner of Sir
Johns Lane and Reedtown Road. Parcel contains
1.437 acres.
Parcel 5: Located at the northeastern extremity of
Reedtown Road. Parcel contains 32,582.88 square
feet. Said parcels contain 7.108 acres. Plats
with more detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.
Voting: 9-2
Council Members Voting Aye:
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 and Ilancy K. Parker
Council Members Voting Nay:
John A. Baum and John L. Perry
Council Members Absent:
None
- 31 -
Item Il-H.l.m.(b.)
PUBLIC HFARING ITEM # 28734 (Continued)
PLANNING
The following spoke in OPPOSITION:
Carl @l. Monroe, 1205 Captain Adams Court, Phone: 460-1470, President of the
Thoroughgood Colony Civic League advised to add additional homes would
instill an extra burden on the already restricted tral@fic pattern.
A. S. Poole, 4504 Bexley Circle, Phone: 46o-526o, advised his property was
adjacent to Reedtown.
Anne Denny, 4356 North Witchduck Road, Phone: 499-8891, President of the
Witchduck C4-vic League, presented a petition conta@-ning over 400 signatures
in Opposition.
Mary E. Smith, 1164. Independence Boulevard, Phone: 460-5928, represented the
Reedtown Civic League
June Myers, 4012 Richardson Road, Phone: 464-2835, represented self
Lynn Carruth, Community Development and Housing, advised the lots in Reedtown
can conform to present zoning with the road system being constructed;
however, tliere is a situation where there are some land-locked parcels, but
the Community Development is currently looking at some site plans and are
fairly confident they will devise a layout that will allow proper access. Lynn
Carruth feels fairly comfortable they will be able to provide the existing
residents with the necessary housing improvemerits.
A MOTION was made by Councilman Perrv to DEFER tlie Ordinance upon application
of REED ASSOCIATES for a Change of Zoning District Classification from R-4
Residential District to R-6 Residential District, containing 7.108 acres,
(Bayside Borough).
This MOTION failed for a lacl- of a second.
Upon motion by Councilman Heischober, seconded by CouncilTqan Moss, City Council
DENIED an Ordinance upon application of REED ASSOCIATES for a Change of Zoning
District Classification:
ORDINANCE UPON APPLICATION OF REED ASSOCIATES FOR A
CHANGE OF ZOI\TING DISTRICT CLASSIFICATION FROM R-4
TO R-6
Ordinance upon application of Reed Associates for a
Change of Zoninr, District Classi@lication from R-4
Residential District to R-6 Residential District on
the following parcels:
Parcel 1:. Beginning at a point 109.65 feet south
of the southern terminus of Old Reedtoirn Road.
Parcel contains 1.399 acres.
P@ireel 2: Located on the south side of Old Reedtown
Road at the intersection with Reedtoifn Road.
Parcel contains 1.679 acres.
Parcel 3: Located on the wes-@ side of Reedl,own Road
beginning at a point 276.16 feet south of Sir Johns
Lane. Parcel contains 1.845 acres.
Parcel 4: Located at the northwest corner of Sir
Johns Lane and @eedtown Road. Parcel contains
1.437 acres.
Parcel 5: Located at the northeastern extremity of
Reedtown i@oad. Parcel contains 32,582.88 square
feet. Said parcels contain 7.108 acres. Plats
with more detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.
- 32 -
Item II-H.l.m.(b.)
PUBLIC HEARING ITE14 74T 28734 (Continued)
PLANNING
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, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
John L. Perry
Council Members Absent:
None
- 33 -
Item III-H.l.n.
PUBLIC HKARING ITE14 l@@ 28735
PLANNING
Kal Kassir, 2009 Alphine Road, reidresented the Virginia Beach Restaurant
Association and spoke in support o@ the application
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Article 9, Section
944.1 of the Comprehensive Zoning Ordinance of the
City of Virginia Beach, Virginia, pertaining to
Sign Regulations in the B-5 Resort Commercial
District.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
lIarold Heischober, Barbara ili. Herley, Mayor Robert G.
Jones, iieba 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
This Ordinance repeals paragraph (d) but does not replace same.
-33a-
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 944.1 OF THE COMPREHENSIVE
3 ZONING ORDINANCE OF THE CITY OF
4 VIRGINIA BEACH, VIRGINIA, PERTAINING
5 TO SIGN REGULATIONS IN THE B-5 RESORT
6 COMMERCIAL DISTRICT
7
8 WHEREAS, the B-5 Resort Commercial District comprises a
9 substantial and central portion of the City's resort area; and
10 WHEREAS, the resort area is a unique and invaluable asset to
11 the City and to the City's residents as a place offering a
12 variety of recreational activities and as a center of tourism
13 generating substantial revenue to promote the general welfare of
14 the City and its residents; and
15 WHEREAS, the revitalization of the resort area and its
16 continued viability as a center of tourism and recreation will be
17 promoted by enhancing the aesthetic qualities of the resort area;
18 and
19 WHEREAS, the number, size, design and other characteristics
20 of signs in the B-5 Resort Commercial District have a significant
21 impact upon the attractiveness of the resort area to tourists and
22 residents of the City;
23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
24 CITY OF VIRGINIA BEACH, VIRGINIA:
25 That Section 944.1 of the Comprehensive Zoning Ordinance of
26 the City of Virginia Beach, Virginia, pertaining to sign
27 regulations, is hereby added to read as follows:
28 Section 944.1. Sign regulations.
29 (a) The B-5 Resort Commercial District is hereby declared a
30 special sign district, in which the following regulations shall
31 apply. The provisions of this section shall be in addition to,
32 and not in lieu of, any other ordinance or regulation pertaining
33 to signs, and to the extent that any provision of this section
34 conflicts with any other ordinance or regulation, the provision
35 of this section shall control.
36 (b) Within the B-5 Resort Commercial District, no sign
37 shall:
38 (1) Contain any commercial matter other than the name of
39 the establishment and not more than two words designating
40 the type of establishment advertised thereby;
41 (2) Contain, consist of, be illuminated by, or be attached
42 or connected to any moving, flashing, blinking, alternating
43 or pulsating lights or lights changing in intensity, except
44 lights indicating the temperature or time of day in
45 alternating cycles of not less than five seconds;
46 (3) Be permitted to remain in a state of disrepair or
47 deterioration for any period of time longer than is
48 necessary to effect the repair or restoration of such sign.
49 For purposes of this section, the terms "disrepair" and
50 "deterioration" shall include, but not be limited to, the
51 chipping, cracking, peeling or excessive fading of paint or
52 other coloration, and damage to the advertising face or
53 other component of any sign.
54 (c) No sign located on or in any window, or located behind
55 any window in such manner as to attract the attention of persons
56 outside of the establishment, shall have a surface area greater
57 than twenty percent (20%) of the surface area of such window,
58 not to exceed sixteen (16) square feet.
59 f dt--@v-
60 representations- -1- -pe r-ift i t- teel r - j- -t*&t- - t h e
61 c emb -i n@- -.s u r i a ce -
62 representations- -twenty-@
63 @f- - a n - *s+ -@4+-square
64 feetT-whichever-i:s-lessT
65 (e) For each forty (40) feet of frontage, and for each
66 eighty (80) feet of lot line adjoining a street but not
67 constituting frontage, not more than one sign and not more than a
68 total of sixteen (16) square feet of surface area of signage
69 shall be permitted; provided, however, that no establishment
70 shall have more than two (2) signs of which one may be a free-
71 standing sign; and provided further, that no establishment having
72 a frontage of less than one hundred (100) feet shall have a free-
2
73 standing sign. No free-standing sign shall exceed two (2) faces,
74 neither of which shall exceed thirty-two (32) square feet of
75 surface area, and no sign of any other type shall exceed seventy-
76 five (75) square feet of surface area. Any establishment having
77 less frontage or lot line adjoining a street than is required
78 hereinabove may have one (1) sign not exceeding sixteen (16)
79 square feet of surface area.
80 (f) Sign regulations pertaining to multiple-family
81 dwellings shall be the same as those applying in the A-1
82 Apartment District.
83 (g) Where there is an established neighborhood commercial
84 center containing at least five (5) establishments and at least
85 forty thousand (40,000) square feet of land area, there shall be
86 not more than one (1) center identification sign for each
87 principal entrance. No such sign shall have more than two (2)
88 faces, neither of which shall exceed thirty-two (32) square feet
89 of surface area. Such center identification sign shall contain
90 only the name of the center.
91 (h) Signs advertising property for sale, lease or rent
92 shall be permitted; provided, however, that no such sign shall
93 exceed sixteen (16) square feet in surface area. Not more than
94 two (2) signs shall be permitted for any property having more
95 than one hundred (100) feet of lot line at the street right-of-
96 way, and any property having less than one hundred feet of such
97 lot line shall have no more than one sign not exceeding sixteen
98 (16) feet of surface area.
99 (i) Beacon lights or search lights may be permitted for
100 purposes of advertisement of special events for a period not in
101 excess of forty-eight (48) hours.
102 (i) To facilitate occupancy in a new neighborhood
103 conlmercial center containing at least forty thousand (40,000)
104 square feet of land area, there shall be not more than one (1)
105 temporary sign, which shall not exceed thirty-two (32) square
106 feet of surface area. Such sign shall be removed when seventy
3
107 percent (70%) of the property is occupied or leased or after a
108 period of twenty-four (24) months, whichever event first occurs.
109 (k) The provisions of this section shall not apply to
110 hotels and motels within the B-5 Resort Commercial District.
111 Sign regulations pertaining to hotels and motels shall be as
112 apply in the H-2 Resort Hotel District.
113 (1) The provisions of this section shall be deemed to be
114 severable, and if any of the provisions hereof be adjudged to be
115 invalid or unenforceable, the remainder of this section shall
116 remain in full force and effect and its validity shall remain
117 unimpaired.
118 Adopted this 25 day of January 1988, by the
119
120 Council of the City of Virginia Beach, Virginia.
121
122
123 WMM/dga
124 01/28/88
125 CA-02460
126
4
- 34 -
Item TTT-I.l.(a)
RESOLUTIONS ITEM # 28736
Upon motion by Counc4-lwoman McClanan, seconded by Councilman Baum, Cit,, Council
AGREED TO VOTE on the QUESTION:
Resolution authorizing consideration of four siles
(Exhibit A) for Recreation Facilities in the
Southeastern Part of the City for the Princess Anne
Recrea-lional Center.
Voting: 8-3
Council Members Voting A@,e:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, i'layor Robert G. Jones, Reba S.
McClanan, Vice Mayor Meyera E. Oberndorf and Jolin L.
Perry
Council l@iembers Voting Nay:
Barbara M. Henley, John D. Moss and Nancy K. Parker
Council Members Absent:
17one
- 35 -
Item III-I.l.(b)
RESOLUTIONS ITE4 # 28736 (Continued)
Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City
Council ADOPTED, AS AMENDED:
Resolution authorizing the selection of the Hunt
Club Forest site for Recreation Facilities in the
Southeastern Part of the City for the Princess Anne
Recreational Center; and, authorizing the City
Manager to submit a financial plan for the
acquisition of this site.
If the financial plan for this particular s-@@te is unacceptable, the Ci-ty
Manager shall prepare a resolution and the City Council shall select another
site for negotiating and financial planning.
Voting: 8-3
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
llarold Heischober, Mayor Robert G. Jones, Reba S.
McClanan, Vice Mayor Meyera E. Oberndorf and John L.
Perry
Council Members Voting Nay:
Barbara M. Henley, John D. Moss and Nancy K. Parker
Council Menbers Absent:
None
1 RESOLUTION
2
3
4 WHEREAS, the City Council determined it would be
5 necessary and expedient for the city of Virginia Beach to expand
6 its recreational facilities in the southeastern part of the City;
7 WHEREAS, City Council has identified for CIP purposes
8 school site, recreational facilities, fire station, and a library
9 for this area of the City;
10 WHEREAS, four (4) sites have been identified in the
11 southeastern part of the City to establish one or more of the
12 above-listed CIP facilities.
13 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
14 CITY OF VIRGINIA BEACH, VIRGINIA:
15 That City Council, after review and discussion of the
16 four (4) sites (Exhibit A), has determined that the Hunt Club
17 Forest site as being appropriate for one or more of the above-
18 listed CIP facilities.
19 BE IT FURTHER RESOLVED that the City Manager is
20 directed to initiate negotiations with property owner(s) for said
21 site and is hereby further directed to develop a plan of financ-
22 ing for the purchase of said site.
23 BE IT FURTHER RESOLVED that the City Manager is
24 directed to submit results of his financial recommendation as
25 soon as possible to City Council for its action.
26 BE IT FURTHER RESOLVED that if the financial plan for
27 the sites identified above presented to City Council is
28 unacceptable, the City Manager shall prepare a resolution and the
29 City Council shall select another site for negotiating and
30 financial planning. The City Manager shall present the results
31 of its negotiations and a financing plan for the second site as
32 soon as possible for action by the City Council.
3 3
3 3
34 Adopted by the Council of the City of Virginia Beach,
35 Virginia, on the 25 day of January 1988.
36
37 JDB/cb
38 I/ 20/ 88
39 1/21/88
40 Recsite.res
41 CA-2560
EXHIBIT A
Dunwoody
Hunt Club
Red Mill
Red Wing Park
- 36 -
Item III-J.
CONSENT AGENDA ITEM # 28737
Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council
APPROVED in ONE MOTION Items 1, 2, 3 and 4 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. Oberridorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 37 -
Item III-J.1.
CONSENT AGENDA ITEM # 28738
Upon motion by Councilman Moss, seconded by Cuncilman Fentress, City Council
ADOPTED:
Ordinance to authorize acquisition of property in
fee simple for right-of-way for Ferrell Parkway
Phase I-C AND the acquisition of temporary and
permanent easements of right of way, either by
agreement or condemnation.
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
- 37a -
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 FERRELL PARKWAY PHASE I-C AND THE ACQUISITION
4 OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT
5 OF WAY, EITHER BY AGREEMENT OR CONDEMNATION
6
7 WHEREAS, in the opinion of the Council of the City of
8 Virginia Beach, Virginia, a public necessity exists for the
9 construction of this important roadway to provide transportation
10 and for other public purposes for the preservation of the safety,
11 health, peace, good order, comfort, convenience, and for the
12 welfare of the people in the City of Virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City Attorney is hereby authorized and
16 directed to acquire by purchase or condemnation pursuant to
17 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-
18 89, et seq., Code of Virginia of 1950, as amended, all that
19 certain real property in fee simple, including temporary and
20 permanent easements of right of way as shown on the plans
21 entitled "FERRELL PARKWAY PHASE I-C," these plans being on file
22 in the office of Real Estate Department of Public Works, Virginia
23 Beach, Virginia.
24 Section 2. That the City Attorney is hereby authorized to
25 make our caused to be made on behalf of the City of Virginia
26 Beach, to the extent that funds are available, a reasonable offer
27 to the owners or persons having an interest in said lands, if
28 refused, the City Attorney is hereby authorized to institute
29 proceedings to condemn said property.
30 That an emergency is hereby declared to exist and this
31 ordinance shall be in force and effect from the date of its
32 adoption.
- 37b -
33 Adopted by the council of the City of Virginia Beach,
34 Virginia, on the 25 day of -,fanuary 19 88
35
36
37
38
39
40
41
42
43
44
45 JAR/ih
46 \ordin\noncode\ferrell.ord
ONIENTS
E
T
APPROVED AS TO LEGAL
RM
NEY
- 38 -
Item III-J.2.
CONSENT AGENDA ITEM # 28739
Upon motion by Councilman Moss, seconded by Councilman Fentress, City Coucnil
ADOPTED upon SECOND READING:
Ordinance to ACCEPT and APPROPRIATE $30,6oo in
revenue from the operation of a Day Camp Program
for children of Municipal Employees to support
program operations.
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 APPROPRIATE $30,600 IN REVENUE FROM
THE OPERATION OF A DAY CAMP PROGRAM FOR
CHILDREN OF MUNICIPAL EMPLOYERS TO SUPPORT PROGRAM OPERATIONS
WHEREAS, a pilot Day Camp program was operated in the summer of 1987, open
only to the children of municipal employees, and
WHEREAS, it is felt that there is sufficient interest by the employees of
the city to provide this program as an additional benefit, and to make it self-
supporting, and
WHERF.AS, the program will operate at two sites and be staffed by six
temporary recreation employees (1.3 FTE's), and
WHEREAS, the total program cost will not exceed $30,600 and will be offset
fully by revenue generated from a participant fee or direct charge for activity.
NOW THERE FOR BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that a day camp program, opened only to the children of municipal
employees, be operated by the Department of Parks and Recreation for the summer
of 1988, and
BE IT FURTHER ORDAINED, that the $30,600 in funds generated through
operation of the program be appropriated and used to offset fully the costs of
operating the program and that no additional city funds will be required.
This Ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
January 25 day of 190,
FIRST READING January
SECOND RFADING January 25. 1988
D'PAi'TMENT
AS T@EGAL
m
CSR/5 DAYCAMP.88
CJTY ATTO@NEY
- 39 -
Item III-J-3-
CONSENT AGENDA ITFIA # 28740
Upon motion by Councilman Moss, seconded by Councilman Fentress, City Couenil
APPROVED:
LOW BID to Utility Builders, Inc. in the amount of
$363,303-15 for Trantwood Shores - 51% Type CIP 5-
008 for water and sewer Operating Revenue Capital
Project fund.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Hobert 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 III-J.4
CONSENT AGENDA ITEM # 28741
Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council
APPROVED:
RAFFLE PERMIT
Virginia Beach Indeperidence Lions Club
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 ald John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 41 -
Item III-K.l.
APPOINTMENTS ITEM # 28742
ADD-ON
Upon NOMINATION by Councilwoman Henley, City Council APPOINTED to the
HISTORICAL REVIEW BOARD:
Thomas L. Ackiss
Bartow H. Bridges
(for two-year terms from 1/1/88 to 10/31/89)
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
- 42 -
Item III-K.2.
UNFINISHED BUSINESS ITEM /@ 28743
Upon motion by Goiincilwoman McClanan, seconded by Councilman !4oss, City Council
ADOPTED:
Resolution Providing for the Amendment of the
Charter of the City of Virginia Beach, Virginia, Bv
Amending Section 2.02 to Add a Ilew Subparagraph (h)
to Authorize the Conservation and/or Replacement of
Trees during Land Subdivison and Development
Activities on Private Property.
Voting: 11-0
Council I-lembers Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John 1). Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council l,lembers Voting Nay:
None
Council Members Absent:
None
42a -
2
3 RESOLUTION PROVIDING FOR THE AMENDMENT OF THE
4 CHARTER OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA, BY AMENDING SECTION 2.02 TO ADD A
6 NEW SUBPARAGRAPH (h) TO AUTHORIZE THE
7 CONSERVATION AND/OR REPLACEMENT OF TREES
8 DURING LAND SUBDIVISION AND DEVELOPMENT
9 ACTIVITIES ON PRIVATE PROPERTY
10
11
12 WHEREAS, it has been determined that trees provide soil
13 erosion control and storm water retention, oxygen replenishment,
14 maintenance of clean air standards, shade and physical beauty
15 that a major resort must maintain as part of its economic and
16 development efforts; and
17 WHEREAS, in order to preserve, protect and enhance one
18 of the community's most valuable resources and to protect the
19 health and welfare of its citizens it is necessary that the City
20 of Virginia Beach be granted the power to establish by ordinance
21 reasonable rules and regulations for the conservation and/or
22 replacement of trees during land subdivision and development
23 activities on private property.
24 WHEREAS, House Bill 127 presently proposes to
25 authorize an amendment to the City's Charter to grant the City
26 the power to establish by ordinance reasonable standards and
27 regulations for the conservation and/or replacement of trees
28 during land subdivision and development activities; and
29 WHEREAS, in order to more clearly define the
30 circumstances in which the removal of trees may be regulated
31 and/or protected, the following substitute proposal is hereby
32 made.
33 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
34 BEACH, VIRGINIA THAT:
35 1. It is hereby determined to be in the best interest
36 of the City to request the General Assembly of Virginia to amend
37 Section 2.02 of the City's Charter to provide for the
38 conservation and/or replacement of trees during land subdivision
39 and development activities on private property by adding a new
40 subparagraph (h) as follows:
41 (h) Tree Conservation and/or Replacement. After
42 determination that trees provide soil erosion control and storm
- 42b -
42 water retention, oxygen replenishment, maintenance of clean air
43 standards, shade and physical beauty that a major resort must
44 maintain as a part of its economic and development efforts, and
45 in order to preserve, protect and enhance one of the community's
46 most valuable resources and to protect the health and welfare of
47 its citizens, the City shall have the power to establish by
48 ordinance7-ptirstiant-te-1571-ef-the--eede-ef--virgin+aT reasonable
49 standards, rules and regulations for the conservation and/or the
50 replacement of trees during land subdivision and development
51 activities on private property in the City of Virginia Beach.
52 Any such ordinance, rules and regulations shall exempt
53 the following:
54 (1) Any agriculturally zoned parcel, bona fide
55 farming, forestry, or commercial tree farming operation.
56 (2) Planting and harvesting forest crops.
57 (3) Tree removal by individual homeowners after the
58 subdivision and development process has been completed.
59 (4) Emergency removal of any trees or limbs to protect
60 life or property.
61 BE IT FURTHER RESOLVED that the City Clerk is directed
62 to forward a copy of this resolution to each member of the
63 General Assembly representing the City of Virginia Beach,
64 Virginia.
65 Adopted by the Council of the City of Virginia Beach on
66 the 25 day of January 1988.
67
68
69
70 CJS/awj
71 1/20/88
72 1/21/88
73 NONCODt\Tree3.Res
74
2
- 43 -
Item III-K.3.
UliFINISHED BUSINESS ITEM # 28744
ADD-ON
Councilnian Baum referenced information from the City Manager relative THE
PROPOSED PLAN OF ACTION TO OTHER JURISDICTIONS ON PROTECTION FARMLAND.
Councilman Baum believed same to be sell--exDlanatory.
This does not adversely affecl the TRANSFER OF DEVELOPMFNT RIGHTS I Study.
This is a device utilized b,, the Soil Conservation Service and the Extension
Service in attempting to get farm leaders to acquire training to assist in
training others. Dick Cockrell and Norris Shirley have offered -@o pay their
own way.
Upon motion by Councilman Baum, seconded by Councilwoman Henley, City Council
APPROVED the "Plan of Action" and ENDORSR-D the training of the farming
representatives relative options to manage and preserve agriculture. This
would merge the two activites and the City Staff would have a clear direction
of moving ahead in preparing the Rrp,s for TRANSFER OF DEVELOPMENT RIGHTS.
Voting: 11-0
Council Members Voting Aye:
Albert W. Bg,lko, John A. Baum, aobert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice 14ayor
Meyera E. Oberndorf, @Tancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 44 -
Item III-L.l.
RESOLUTION ITEM # 28745
Upon motion by Councilwoman McClanan, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Resolution requesting the General Assembly to AMEND
Section 15.1-491(a) of the Code of Virginia so as
to include the City of Virginia Beach among those
counties, cities and towns which may utilize the
written proffer process (Conditional Zoning) as
provided therein.
Voting: 11-0
Council Members Vot4lng 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
44a -
1 A RESOLUTION REQUESTING THE GENERAL
1 ASSEMBLY TO AMEND SECTION 15.1-491
2 (a) OF THE CODE OF VIRGINIA SO AS
3 TO INCLUDE THE CITY OF VIRGINIA
4 BEACH AMONG THOSE COUNTIES, CITIES
5 AND TOWNS WHICH 14AY UTILIZE THE
6 WRITTEN PROFFER PROCESS AS PROVIDED
7 THEREIN
8
9
10 WHEREAS, Section 15.1-491 (a) of the Code of Virginia
11 provides that certain counties, cities and towns in the
12 Commonwealth may accept written proffers of reasonable
13 conditions in connection with rezoning considerations; and
14 WHEREAS, currently, the City of Virginia Beach is not
15 one of the localities in the Commonwealth which can utilize the
16 proffer process as provided in Section 15.1-491 (a); and
17 WHEREAS, the City Council of the City of Virginia Beach
18 is of the opinion that if Section 15.1-491 (a) of the Code of
19 Virginia is amended so as to include the City of Virginia Beach
20 among those localities which can utilize the proffer process
21 provided therein, the availability of such zoning tool would
22 enhance the efforts of the City Council to provide for a safe,
23 attractive and convenient community for its citizens.
24 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
25 CITY OF VIRGINIA BEACH, VIRGINIA:
26 That the General Assembly of Virginia is hereby
27 requested to amend Section 15.1-491 (a) of the Code of Virginia
28 so as to provide that the procedure for proffering of conditions
29 as authorized therein shall be available to the City of Virginia
30 Beach or, in the alternative, cities having populations in excess
31 of 250,000 according to the 1980 census.
32
33 Adopted by the Council of the City of Virginia Beach,
34 Virginia, on this 25 day of January 1988.
35 GLF/epm
36 0 1/20/88
37 CA-02
38 /Ordin/Proposed/15-1-491a.res
15.1-490 (@OUNI'IES, Cl'l'lL'S AND TOWNS SS 15.1-491
. R ... o@,, 224 V@. 12, -'94 S.b;.2d 1. m@ki.,g it, d@t@i,i-- - t. h..@
799 (1982). .1@p@,l di.@@,i,,@d, 45i) U.S 1166. ti..@ i. ,@id..Li@ll .,L.,, . i,@g,,I.tiv@ body
10@3 S (@'L@ 609, 74 I,, Ld. 2,1 1009 (1983). p@.p,@,ly .@.y @on@id@, th, .@@,,SiLy Of keeping
Z..i.g .@ t. h..e .@..ptio.@ i@@ r@.i- t@@, C d@t@,bing
Wh@,@ ii,@. q-@,ti ... i, th@i oi@
p.,,.it ,@d @iLl, q@iL@L
L. wt,@,t I,ild-p[L@@ Ai,.
ill z@ @l- i,@@ ti,,: p ... ibi.
,l ,,,y @@@'y L. Cit)
difil. ,f fli ...... . 22it V@,. 12, 2@)l S.E.2d
"2,1 Vi,. I'-', 2@)-l 'if,9 L) S I Itit;
2d "t)9 119h2), "d 1009 ltj8J,@
[IE;6. I(J:iS. Ct 609,7-1 l@ L"d ",l IU09 io:3 S. t;t ho,). 7@l l@. Ld -
SS 15.1-490. Alatters to be considered iii drawing alid apl)lying zoning
ordinances and districts. - Zuning oi@dininces and districts shall be drawn
,tiid upplied with r@asollablc consideration fol- the existing use aiid chLAracter
of' pi.operty, the c,)niprcthelisive plan, the suitability of' property for various
uses, tlie trends of gi-owtii oi- chaiige, the curreiit and futui-e i-equirements of@
the coiniiiiiiiity as io land i@or various pui-posc,, @is deteriiiiiied b), p,)Puliitic)n
@llid t@'colloil)ic @kliii ottici- ;Ludi(!s, tlie ti-aiisi),@i-tation i-equii-eiii(!nts of
Lh(i --oniii@aii@ty, aii(I tlil- re(juii-eiiieiits l@oi- hOLI.@illg, @CIIUUI,,;, put-ks, play-
gi-,,tind.,, i-t@j-eatioii ai-eas, atid othei- public 6eivices; the const!rv@Ltion ot
ii,itul-i@l i-,sources; aiid I)i-esei-vation of flood pliiins; tof- the pi-eset'vation (jl
@igi,icultui-al @iiid forestal latid; art(i t'ol, ttle cc)iisei-vation ol'prol)ertie@ aiid theii-
valuL., and tlie encoui-ageilleill of@ the iiiost appropi-iate use. ()t@iiiiid throughout
the couiily oi, mullicipality. ((@(,d,@ 1950, SS 15-821; Code 1950 (Suppl.),
SS 15-968.4; 1962, c. 407; 1966, c. '@i44, i974, c. 526; 197S, c. 279; 1981, c. 418;
1983, c. 530.)
'I'h@ 1983 ..,i@,@d .... !@t@. -- 'ri,@ t-@,,t 1983 @l@pli@d" th@ bgi,@.i.g ,t@ th. @ctioli,
d@l,tL-d "tl,, I..d U.@ pli.,,,
.,,d 1,1,,wd @,d.pL@d"
i@@g "th@ c .... pli ...
'I'll@ "@."d 1983 ...... t il@.,,Lld "l,@d
@ 15.1-491. PermitLed provisions in ordinances; amendmeiits. - A
zoning urdin,inc(,, rnay iiiciticle, among other things, reasonable regulations
and provisions as to any or all of@ tlie i@ollowiilg niatters:
(,Li) For vlii-iances as det-in(,@d iii SS 15.1 430 (p) or spceial exceptioiis as
d,:I-iiied in SS 15.1-430 (i) to tile lenli- I I
I,, a -egulations in any district in c@ises of
iiiiusu,,@l situations or to ease tii(! traiisitiot) t@i-om oiie distri(:t t(, itnother, or for
bLiiidi@,.-'.@, sti-uCLUI'eS 01' USCS liaving SP(@Ciill iind t@or coiiditiorial
zorlill", as (1,1-ined iii SS 15.1-43() kti) tnd toi- the ztdol)Lion, ill courities, of towris,
tli@i-eiii which h@ive I)Izintiing coniiiiissi(,iiii, wherlin the urban county
CXCCULi@'u furni of*guvui-iii@,ent ii iii cl@fct, oi- iii a city coiiil)tet(2]y @lirr()und(,'d
b) sucii @i couiity, oi- ill a coutit.), colitiguous to any such count,/, oz- in a city
conipletely sui-i-olinded by sucli a coiitiguous county, oi- in the Town )f
Le@bLirg aiid iii the counties east of tlie Chesapeake Bay as a part of an
aniL-ndnient tu tiil@ zoning map oi* reasonable conditioiis, in a(idition to the
regulLitions pi-ovided fo@ the zoiiing district by tlie ordinanc,@, when such
coiiditions stiall havu i)uen protfered iii wi-itiiig, in advance cf tlie publ@c
hearin,., blfore the goveriiing bodv i-equii-ed b), SS 1!3.1-493 by th-@ owner of the
pi-opei-ty %vhich is tlie subjt!Ct of' the 1)i-oposed zoiiing niup amelidmenl. OliCe
pi-ofi@red aiid accepted @@ pai-t )i@ iiii aniciidmetil tO LIILI zoiiing ordinance, sucli
cundiLions shall COIlLinLic@ in full toi-ce and ef'flct until a subs,,,Iuent amend-
102
SS 15.1-491 PLANNING, SUBDIVISION OF LANI) AND ZONING SS 15.1-491
iiieiiL chan,,es the zoning oii the property covered by such conditioiis; provided,
howevcr, ttiat such conditions shall continue if the subsequent @Amendment is
part of a comprehcnsive impleinentation of a iiew or substantially revised
zotiing ordinance.
tb) For the temporat-y application of@ the ordinance to any pr,)perty coming
InLO the territorizil jurisdictioii oi@ the goveriiiiig body by ,nnexation or
utherwise, subsequent to the ztdoptioti of the zoning urdiiiance, and peiiding
the oi-d@rly ametidmetit of the ordinailce.
(c) F(@i, tlie gi,anling of@ ipeciill exceptions undei- suitable requlations and
aiid jiotwittistaridiiig any other 1)rovisions of@ this ai-ticle, the
governiiig bc)dy of@any city, cuunty ortown may resex-ve unto its(tlftlie rightto
issue such special exceptions.
(d) For the administi-ation and eiif'orcement of@ the ordinance including the
appointment or designation of a zoning adininistrator who r,,lay also hold
@nottier ofl-ice in the county or niunicipality. The zoning adinirtistrator shall
h,Lve all nece,@ary authority on behalt'of the governiiig body to administer
,iid ntorce th(,@ zoiiing ordinaiice, inctuding tlie orderijig in writing of the
r,i.i@clying of any condition found in violatioii of the ordinance, and the
bringiiig ul@ legal actioii to insure coniplizince with tlie ordinance, including
iiijuncLioti, abutenilnt, oi, other appropi-iate action or proceedilig.
(e) For the impositioii oi@ penalties upon convicti,)n of any violation of the
zuniiik oi-diviatice. Aiiy such violation shall be a niisdeiiicanor punishable by a
line of iiot less than $10 n,)I- mc)re than $1,000.
(i) For tlie collection of@ fces to cover the cost of niaking inspections, issuing
permits, advertising of tiotices and other expenses incideiit to the administra-
tion of a zoning ordinance or to the filirig or processing of any appeal or
amelidment thereto.
(g) Foi- the amendineiit of the regulations or district maps from time to
titiie, or t@or their appl@al. WhLnevei- the public iiecessity, convenilncc, general
w@liar@, oi- good zoning pi-actice require, the govei-ning body may by ordiiiance
.111@ild, SLipplellICTIt, Or Chaiige the regulittions, disti-ict boundaries, or
cl,is@'it-ici,tioii, ()I@ I)i-opei-ty. Any such aiiieiidineiit iiiay be initiated (i) by
r,,,olutit)li of@ tlie govef-ning b(@dy, ot- (ii) by nii)tioii of the. lucal commisqion, or
,Iii) by 1)etition oi' the ownei-, contract purch,,isei, witli the owner's wi,itten
Luii,v.tit, or the ownet-'s ageiit tti,!refur, of the property which is the subject of
[ii, [)i,)p(,.,ed zoiiiiig map aineiidnient, addressed to the goveriiing body or the
ljczil cotiimission, who shall loi,wiird such petition to the governing body;
pruvid,,d, that the ordinance may provide foi- thL, consi(leration of pi-oposed
ainendments only at specit-ied intervals of time, and iiiay furthei- provide that
,Ubstantially the saine petition will not be reconsidered within a specific
[.riod, jiot exceeding one year. Any such i-esolution or motion by such
6u%,,riiing body or coinmission proposing the rezoziing sliall state the above
p@t)lic purposes therefor.
In any eounty having ad-)pted such zoniiig ordinance all inotions, resolu-
li@ll, .1. petitiuils lor aniendiiient to the zoning ordinance, @ind/ot- iiiap, shall be
@a@d upori and a decisiun niade ori or bet@ore June 30, 1976, all such motions,
I.Olutions ut- petitions iaccepte(i t@ol. 1-iting after July 1, 1975, shall be acted
n and a decisioti iiiade withiii such reasonable tinie as may be necessary
I'v@cli shall not exceed twelve moiiths unless the applicant requests or
c@ii,enLs to action beyond such pet-iod.
@h) For the submission and approval of a plan of developn)ent priur to the
@@uance of building permits to assure compliance witli ret,'Ulations contained
i;i @ach zoning ordinaiice.
I'he ordinance may alsu provide that petitions brought by property owners,
,oiitract purchasers oi- the agents thereof, shall be swoi-n to und-@r oath before
A nutary public or other of@ficial before wliorn oaths may be taken, stating
103
- 45 -
IteLi III-L.2
RECONSIDERATION TTI,,M ;'@@ 28746
ADD-ON
Upon motion by Councilman Moss, seconded by Councilman Fentress City Council
will RECONSIDER on February 22, 1988, a Condition in the application of WILLIAM
E. WOOD for a Change of Zoning District Classification frora R-6 qesidenti-al
District to B-2 Comiqunity Business District (Kempsville Borough). This
Ordinance was ADOPTED by City Council on Nove,.Mber 10, 1975.
Condition No. 3.
3. Entrances to the shopping center shall be at
least 650 feet from the ilitersection of
Kempsville Road and Centerville Turnpike.
Tliis Condition is requested by City Staff to be MODIFIED for traffic and safety
reasons.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayoi- Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndo-f and Nancy K. Parker
Council Members Voting @lay:
John L. Perry
Council Members Absent:
None
- 46 -
Item I'@'.-M.
ADJOURlil4EIiT ITEI@, I't' 2874'7
Upon motion by Councilman Feiitress and BY ACCLAMATION, City Council ADJOUR14ED
the Meeting at 12:10 A.M.
B
Chief Deputy City Clerk Vice Mayor
,Yuth Hodges-Smith, CMC bert d.
City Clerk @.yor
City of Virginia Beach
Virginia