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HomeMy WebLinkAboutDECEMBER 2, 1980 MINUTES AGENDA SPECIAL JOINT MEETING VIRGINIA BEACH CITY COUNCIL and VIRGINIA BEACH PLANNING COMMISSION Virginia Beach Councii Chambers 6:30 p.m. Tuesday, December 2, 1980 CALL TO ORDER Mayor J. Henry McCoy, Jr., D.D.S. INVOCATION Dr. M. G. "Pat" Robertson President, Christian Broadcasting ROLL CALL PUBLIC HEARING: 1. Amendment to the Comprehensive Zoning Ordinance regarding height restrictions in all zoning districts in the City of Virginia Beach. MOTION TO RECESS DELIBERATION OF PLANNING COMMISSION 1. Roll Call 2. Consideration/Recommendation to City Council DELIBERATION OF CITY COUNCIL 1. Roll Call 2. Consideration of Amendment to Comprehensive Zoning Ordi- nance regarding height restrictions in all zoning districts in the City of Virginia Beach. ADJOURNMENT 1. Motion to adjourn M I N U T E S SPECIAL JOINT MEETING VIRGINIA BEACH CITY COUNCIL and VIRGINIA BEACH PLANNING COMMISSION Virginia Beach Council Chambers Tuesday, December 2, 1980 A Special JOINT Meeting of the Virginia Beach City Council and the Virginia Beach Planning Commission was called to order by Mayor J. Henry McCoy, Jr., D.D.S., in the Council Chambers, City Hall Building, Tuesday, December 2, 1980, at Six-Thirty in the evening. Council Members Present: Planning Commission Members Present John A. Baum Herman R. Bonney F. Reid Ervin Curtis R. Catron Vice Mayor Harold Heischober Nancy Creech Barbara M. Henley Milton T. Holland Clarence A. Holland Everett H. Irby W. H. Kitchin, 1II R. Dean Lee Reba S. McClanan James L. McKown, Jr. Mayor J. Henry McCoy, Jr. Chairman J. Harry Mote Donald W. Merrick Hassel E. Perrel Meyera E. Oberndorf Jane Purrington Patrick L. Standing James E. Snyder Council Members Absent: Planning Commission Members Absent: None William H. Cleaves Samuel Martinette INVOCATION: Doctor M. G. "Pat" Robertson President Christian Broadcasting PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA -2- Council ITEM #15962 Mayor McCoy announced the purpose of this meeting was to conduct a Public Hearing regarding amendments to the Comprehensive Zoning Ordinance concerning height restrictions in all zoning districts in the Cit3f of Virginia Beach. The following persons appeared ih favor of the amendments: Captain Jewell, Commanding officer, Naval Air Station Oceana Mr. Joseph Bennett, Federal Aviation Administration, Retired Mr. Robert Regnier Captain Gene Tucker, Fighter Pilot, Naval Air Station Oceana Captain Jay A. Bullington, United States Air Force, assigned to Naval Air Station Oceana Attorney Grover C. Wright, Jr., representing E. S. Garcia and Associates, not opposed to height restrictions in all districts. Mrs. Kitty Hudgins The following persons appeared in opposition to the amendments: Mr. Terry Elliott Mr. William Liverman Mr. Robert Lee, ATC Associates Mr. Tom Hardy Council ITEM #15963 At the conclusion of the Public Hearing, Councilman Standing made a motion, seconded by Vice Mayor Heischober, to recess the Public Hearing to permit the Planning Commission to hold their meeting, (8:25 p.m.). Voting. 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None -3- The Planning Commission reconvened in the Council Chambers (8:32 p.m.), with the following Members present: Herman R. Bonney, Curtis R. Catron, Nancy Creech, Milton T. Holland, Everett H. Irby, R. Dean Lee, James L. McKown, Jr., Chairman Harry Mote, Hassel E. Perrel, Jane Purrington, and James E. Snyder Planning Commission Members Absent: William H. Cleaves, and Samuel Martinette Chairman Mote advised that most of the presentations were made during the Public Rearing; however, if any citizen wished to express his or her opinion on the proposed amendments , he or she may do so at this time. The Planning Director spoke on the proposed amendments. Upon motion by Commissioner Lee, seconded by Commissioner Irby, Planning Commission ADOPTED an amendment to Article 2, Section 202 (b), of the Comprehensive Zoning Ordinance pertaining to Height Regulations. Voting 11-0 Planning Commission Members Voting Aye: Herman R. Bonney, Curtis R. Catron, Nancy Creech, Milton T. Holland, Everett H. Irby, R. Dean Lee, James L. McKown, Jr., Chairman J. Harry Mote, Hassel E. Perrel, Jane Purrington, and James E. Snyder Planning Commission Members Voting Nay: None Planning Commission Members Absent: William H. Cleaves, and Samuel Martinette -4- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO HEIGHT REGULATIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VLRGINIA BEACH, VIRGINIA: That Article 2 of the Comprehensive Zoning Ordinance is amended and reordained as follows: Article 2. General Requirements and Procedures Applicable To W-it-ii-in Var-.ieue All Districts. That Article 2, Section 202, Height Regulations, of the C.Z.O. is amended and reordained as follows: 202. Height Regulations (b) No structure which on the basis of its height would constitute an obstruction to air navigation pursuant to the standards of the Federal Aviation Administration shall be allowed in any district unless it is subsequently determined by the Federal Aviation Administration that the structure does not constitute a hazard to air navigation. Approved and recommended for adoption by the Planning Commission of the City of Virginia Beach, Virginia, on the Second day of December, 1980. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 1980. -5- Upon motion by Commissioner Lee, seconded by Commissioner Irby, Planning Commission ADOPTED an amendment to Article 5, Section 503, of the Comprehensive Zoning Ordinance pertaining to Height Regulations. 503. Height Regulations No portion of any building or other structure located within an R-1 Residential District shall exceed thirty-five (35) feet in height or the height limit established by Section 202(b), whichever is more restrictive. Voting: 11-0 Planning Commission Members Voting Aye: Herman R. Bonney, Curtis R. Catron, Nancy Creech, Milton T. Holland, Everett H. Irby, R. Dean Lee, Jaims L. McKown, Jr., Chairman J. Harry Mote, Hassel E. Perrel, Jane Purrington, and James E. Snyder Planning Commission Members Voting Nay: None Planning Commission Members Absent: William H. Cleaves, and Samuel Martinette -6- Upon motion by Commissioner Lee, seconded by Commissioner Irby, Planning Commission ADOPTED an amendment to Article 5, Section 582 of the Comprehensive Zoning Ordinance pertaining to Height Regulations. 582. Height Regulations. (e) Height Regulations. No portion of any building or other structure located within an R-9 Residential Townhouse District shall exceed thirty-five (35) feet in height or the height limit established by Section 202(b), whichever is more restrictive. Voting: 11-0 Planning Commission Members Voting Aye: Herman R. Bonney, Curtis R. Catron, Nancy Creech, Milton T. Holland, Everett H. Irby, R. Dean Lee, James L. McKown, Jr., Chairman J. Harry Mote, Hassel E. Perrel, Jane Purrington, and James E. Snyder Planning Commission Members Voting Nay; None Planning Commission Members Absent: William H. Cleaves, and Samuel @rtinette -7- Upon motion by Commissioner Lee, seconded by Commissioner Irby, Planning Commission ADOPTED an amendment to Article 6 of the Comprehensive Zoning ordinance pertaining to Heigbt Regulations. 603. Height Regulations No portion of any building or other structure located within an A-1 Apartment District shall exceed thirty-five (35) feet in height or the height limit established by Section 202(b), whichever is mare restrictive. Voting: 11-0 Planning Commission Members Voting Aye: Heruen R. Bonney, Curtis R. Catron, Nancy Creech, Milton T. Holland, Everett H. Irby, R. Dean Lee, James L. McKown, Jr., Chairman J. Harry Mote, Hassel E. Perrel, Jane Purrington, and James E. Snyder Planning Commission Members Voting Nay: None Planning Commission Members Absent: William H. Cleaves, and Samuel Martinette -8- Upon motion by Commissioner Lee, seconded by Commissioner Irby, Planning Commission ADOPTED an amendment to Article 7, Section 704 of the Comprehensive Zoning Ordinance pertaining to Height Regulations. 704. Height Regulations (c) Notwithstanding the above, no building or other structure sball be erected in the H-1 Hotel District which exceeds the height limit established by Section 202(b)- Vot ing: 11-0 Planning Commission Members Voting Aye: Herman R. Bonney, Curtis R. Catron, Nancy Creech, Milton T. Holland, Everett H. Irby, R. Dean Lee, James L. McKown, Jr., Chairman J. Harry Mote, Hassel E. Perrel, Jane Purrington, and Janies E. Snyder Planning Commission Members Voting Nay: None Planning Commission Members Absent: William H. Cleaves, and Samuel Martinette -9- Upon motion by Commissioner Lee, seconded by Commissioner Irby, Planning Commission ADOPTED an amendment to Article 7, Section 714 of the Comprehensive Zoning Ordinance pertaining to Height Regulations. 714. Height Regulations No portion of any building or other structure located within an H-2 Hotel District shall exceed 135 feet or the height limit established by Section 202(b), whichever is more restrictive. Voting: 11-0 Planning Commission Members Voting Aye: Herman R. Bonney, Curtis R. Catron, Nancy Creech, Milton T. Holland, Everett H. Irby, R. Dean Lee, James L. McKown, Jr., Chairman J. Harry Mote, Hassel E. Perrel, Jane Purrington, and James E. Snyder Planning Commission Members Voting Nay: None Planning Commission Members Absent: William H. Cleaves, and Samuel Martinette -10- Upon motion by Commissioner Lee, seconded by Commissioner Irby, Planning Commission ADOPTED an amendment to Article 8. of the Comprehensive Zoning Ordinance pertaining to Height Regulations. 803. Height Regulations No portion of any building or other structure located within an 0-1 Office District shall exceed seventy-f ive (75) feet in height or the height limit established by Section 202(b), @hichever is more restrictive. Voting 11-0 Planning Commission Members Voting Aye: Herman R. Bonney, Curtis R. Catron, Nancy Creech, Milton T. Holland, Everett H. Irby, R. Dean Lee, James L. McKown, Jr., Chairman J. Harry Mote, Hassel E. Perrel, Jane Purrington, and James E. Snyder Planning Commission Members Voting Nay: None Planning Commission Members Absent: William H. Cleaves, and Samuel Martinette Upon motion by Commissioner Lee, seconded by Commissioner Irby, Planning Commission ADOPTED an amendment to Article 9, Section 903 of the Comprehensive Zoning Ordinance pertaining to Height Regulations. 903. Heigbt Regulations No portion of a building or otber structure located within the B-1 Business-Residential District shall exceed thirty-five (35) feet in height or the height limit established by Section 202(b), whichever is more restrictive. Voting: 11-0 Planning Commission Members Voting Aye: Herman R. Bonney, Curtis R. Catron, Nancy Creech, Milton T. Holland, Everett H. Irby, R. Dean Lee, James L. McKown, Jr., Chairman J. Harry Mote, Hassel E. Perrel, Jane Purrington, and James E. Snyder Planning Commission Members Voting Nay: None Planning Commission Members Absent: William H. Cleaves, and Samuel Martinette -12- Upon motion by Commissioner Lee, seconded by Commissioner lrby, Planning Commission ADOPTED an amendment to Article 9, Section 913 of tbe Comprehensive Zoning Ordinance pertaining to Height Regulations. 913. Height Regulations (c) Notwithstanding the above, no buil or other structure shall be erected in the B-2 Community-Business District which exceeds the height limit established by Section 202(b) Voting: 11-0 Planning Commission Members Voting Aye: Herman R. Bonney, Curtis R. Catron, Nancy Creech, Milton T. Holland, Everett H. Irby, R. Dean Lee, James L. McKown, Jr., Chairman J. Harry Mote, Hassel E. Perrel, Jane Purrington, and Jams E. Snyder Planning Commission Members Voting Nay: None Planning Commission Members Absent: William H. Cleaves, and Samuel Martinette -13- Upon motion by Commissioner Lee, seconded by Commissioner Irby, Planning Commission ADOPTED an amendment to Article 9, Section 932 of the Comprehensive Zoning Ordinance pertaining to Height Regulations. 932. Minimum Lot Area, Lot Width, Yard Spacing and Maximum Density Regulations. (f) All provisions herein to the contrary notwithstanding, hotels and motels may be allowed with a conditional use permit, provided that: (2) The maximum heigbt shall be 100 feet or the height established by Section 202(b), whichever is more restrictive. Voting: 11-0 Planning Commission Members Voting Aye: Herman R. Bonney, Curtis R. Catron, Nancy Creech, Milton T. Holland, Everett H. Irby, R. Dean Lee, James L. McKown, Jr., Chairrmn J. Harry Mote, Hassel E. Perrel, Jane Purrington, and James E. Snyder Planning Commission Members Voting Nay: None Planning Commission Members Absent: William H. Cleaves, and Samuel Martinette -14- Upon motion by Commissioner Lee, seconded by Commissioner Irby, Planning Commission ADOPTED an amendment to Article 9, Section 934 of the Comprehensive Zoning Ordinance pertaining to Height Regulations. 934. Height Regulations Within the B-4 Resort Commercial District, no portion of any building or other structure shall exceed a height of seventy-five (75),feet, except as provided in Section 934(f)(2), and except that variations in or special exceptions to the maximum height regulations may be allowed by conditional use permits for hospitals, sanitariums and homes for the aged, disabled or handicapped, including nursing, convalescent or rest homes, which are structures and uses having unusual and special requirements, for which the maximum height shall not exceed one hundred and sixty-five (i65) feet, provided, however, that the allowed excess height shall not exceed twice the distance to the nearest lot line from the structure having such excess height. Notwithstanding the above, no building or structure shall be erected in the B-4 Resort Commercial District which exceeds the height limit established by Section 202(b). Voting: 11-0 Planning Commission Members Voting Aye: Herman R. Bonney, Curtis R. Catron, Nancy Creech, Milton T. Holland, Everett H. Irby, R. Dean Lee, James L. McKown, Jr., Chairman J. Harry Mote, Hassel E. Perrel, Jane Purrington, and James E. Snyder Planning Commission Members Voting Nay: None Planning Commission Members Absent: William H. Cleaves, and Samuel Martinette -15- Upon motion by Commissioner Lee, seconded by Commissioner Irby, Planning Commission ADOPTED an amendment to Article 10 of the Comprehensive Zoning Ordinance pertaining to Height Regulations. 1003. Height Regulations (c) Notwithstanding the above, no building or structure shall be erected in the 1-1 Light Industrial District which exceeds the height limit established by Section 202(b). Voting: 11-0 Planning Commission Members Voting Aye: Herman R. Bonney, Curtis R. Catron, Nancy Creech, Milton T. Holland, Everett H. Irby, R. Dean Lee, James L. McKown, Jr., Chairman J. Harry Mote, Hassel E. Perrel, Jane Purrington, and James E. Snyder Planning Commission Members Voting Nay: None Planning Commission Members Absent: Wiliiam H. Cleaves, and Samuel Martinette -16- Upon motion by Commissioner Lee, seconded by Commissioner Irby, Planning Commission ADOPTED an amendment to Article 15 of the Comprehensive Zoning Ordinance pertaining to Height Regulations. 1503. Height Regulations There shall be no maximum height regulations in the C-1 Arts and Conference District except that no building or structure erected in the @-1 Arts and Conference District shall exceed the height limit established by Section 202(b). Voting: 11-0 Planning Commission Members Voting Aye: Herman R. Bonney, Curtis R. Catron, Nancy Creech, Milton T. Holland, Everett H. Irby, R. Dean Lee, Janes L. @Kown, Jr., Chairman J. Harry Mote, Hassel E. Perrel, Jane Purrington, and James E. Snyder Planning Commission Members Voting Nay: None Planning Commission Members Absent: William H. Cleaves, and Samuel Martinette -17- City Council reconvened in the Council Chambers (9:00 p.m.), with the following Members present: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Absent: None Council ITEM #15964 Mayor McCoy requested information from the City Clerk as to the actions of the Planning Commission. The City Clerk advised the Members of Council that the Planning Commission adopted all Ordinances as proposed, with the exception of the Ordinance to amend and reordain Article 2 of the Comprehensive Zoning Ordinance pertaining to Height Regulations, this had been replaced by an amended Ordinance concerning Article 2. Council ITEM #15965 Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendations of the Planning Commission and ADOPT the Ordinances regarding Height Regulations: Article 2, Section 202(b) of the Comprehensive Zoning Ordinance pertaining to Height Regulations Article 5, Section 503 and 582 of the Comprehensive Zoning Ordinance pertaining to Height Regulations Article 6, Section 603 of the Comprehensive Zoning Ordinance pertaining to Height Regulations Article 7, Sections 704 and 714 of the Comprehensive Zoning Ordinance pertaining to Height Regulations Article 8, Section 803 of the Comprehensive Zoning Ordinance pertaining to Height Regulations Article 9, Sections 903, 913, 932, and 934 of the Comprehensive Zoning Ordinance pertaining to Height Regulations Article 10, Section 1003 of the Comprehensive Zoning Ordinance pertaining to Height Regulations Article 15, Section 1503 of the Comprehensive Zoning Ordinance pertaining to Height Regulations Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None -19- Council ITEM #15966 Attorney Grover Wright appeared before Council requesting they rescind the Reso,lution adopted at the meeting of 24 November 1980, regarding the Pavilion Towers. Councilman Baum made a motion, seconded by Councilman Holland, to rescind the Resolution adopted by Council 24 November 1980, concerning the Pavilion Towers. Councilman Standing offered a SUBSTITUTE MOTION, seconded by Councilman Merrick, to reconsider the action taken by Council on 24 November 1980, concerning the Pavilion Towers during the Council meeting of 8 December 1 980 . Voting: 9- 2 Council Members Voting Aye: (Substitute Motion) F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: John A. Baum, and Clarence A. Holland Council Members Absent: None -20- Council ITEM #15967 Upon mot;Lon by Councilman Merrick, seconded by Councilman Ervin, City Council by UNANIMOUS vote adjourned the meeting at 9:20 p.m. Diane M. Hickman, Deputy City Clerk Rdth Hodges -5mith, City Clerk Mayor @He@ @oy,(@., D.D.S. City of Virginia Beach, Virginia Special Meeting 2 December 1980 dmh/asb -21- Upon motion by Comnissioner Lee, seconded by Commissioner McKown, and by ACCLAMATION, the Planning Commission adjourned at 8;52 p.m. Robert J. SCf t, Planning Director I-CWairman@rr@ote Ruth Hodges Sihith, Acting Secretary City Clerk City of Virginia Beach, Virginia Special Meeting 2 December 1980 dmh/asb