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FEBRUARY 14, 1995 MINUTES
oF t ach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF At Large VI(E MAYOR WILLIAM D SESSOMS JR At Large JOHN 4 BAUM Blackwater Borough LINWOOD 0 BRANCI~[, Ill Vtrgmm Beach Borough ROBERT K DEAN Princess Anne Borough W W HARRISON JR Lynnhaven Borough BARBARA M HENLEY Pungo Borough LOUIS R ]ONES Bavs~de Borough JOHN D MOSS At Large NANCY K PARKER At Large LOUISA M STRA YHORN, Kempsz, dle Borough JAMES K SPORE C~ty Manager LESLIE L LILLEY, C~ty Attorn©, RUTH HODGES SMITH CMC / AAE C~ty ( lerk CITY COUNCIL AGENDA 281 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH VIRGINIA 23456 9005 {804~ 427 4303 FEBRUARY 14, 1995 I. CITY MANAGER'S BRIEFINGS - Council Chamber - 12:00 NOON ae Be HOUSING STRATEGY Andrew M. Friedman, Director Housing and Neighborhood Preservation SEATACK RECREATION CENTER - EXPANSION Susan D. Walston, Director Parks and Recreation II. INFORMAL SESSION - Council Chamber - 1:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. CITY COUNCIL CONCERNS D. RECESS TO EXECUTIVE SESSION III. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend John Burley Galilee Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS - February 7, 1995 Ge PUBLIC HEARING 1. AGRICULTURAL RESERVE PROGRAM He RESOLUTIONS/ORDINANCES i · Resolution to approve issuance of 84,800,000 Multi-Family Rental Housing Revenue Bonds for Sunray Court Associates re housing facility for the elderly at 304 28th Street (VIRGINIA BEACH BOROUGH). 2. SEATACK COMMUNITY CENTER (CIP #4-962): a~ Resolution to authorize modification of the scope of the project to provide a regulation indoor pool; and, direct the City Manager to provide, within the FY 1995-1996 Capital Budget, such additional funds as will be needed to fund the project as modified. (Sponsored by Council Lady Louisa M. Strayhorn) be Ordinance to authorize acquisition of property (approximately 11.045 acres) in fee simple, either by agreement or condemnation, to replace parking removed by the expansion and provide additional parking area. · Ordinance to REPEAL Chapter 32.5 of the Code of the City of Virginia Beach re Stormwater Management Utility Ordinance effective June 30, 1995; and, direct the City Manager to provide an alternative source of funding in the FY 1995-1996 Operating Budget to finance the costs associated with Stormwater Management. (Sponsored by Councilman John D. Moss) Deferred: February 7, 1995 I · CONSENT AGENDA Ail matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. Ordinance to ACCEPT and APPROPRIATE a $124,180 donation from the London Bridge Volunteer Fire Company to the FY 1994-1995 Fire Department Operating Budget re purchase of a salvage vehicle. · Ordinance to APPROPRIATE $30,000 from retained earnings in the Virginia Marine Science Museum Enterprise Fund to the FY 1994- 1995 Operating Budget of the Virginia Marine Science Museum re animal holding facility. J· PUBLIC HEARING 1. PLANNING ae RECONSIDERATION of Condition Number 8 (number of truck trips per day until May 15, 1995) placed on the May 12, 1992, approved application of CRW, INC. for a Conditional Use Permit for a borrow pit at 2765 Indian River Road (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL b~ Reconsideration of Conditions Number 1 (site plan) and Number 6 (expiration date) placed on the March 24, 1992, approved application of BUNGEE THRILLS, INC., by FELIX TEMPLETON for a Conditional Use Permit for a recreational and amusement facility of an outdoor n~ture (bungee jumping) on the West side of Atlantic Avenue, South of 3rd Street (LYNNHAVEN BOROUGH). Recommendation: APPROVAL Co Petition of VIRGINIA BEACH MARLIN CLUB, INC. and WALTER CASON BARCO for the discontinuance, closure and ~bandonment of the following parcels (VIRGINIA BEACH BOROUGH): Parcel 1: Portion of Greensboro Avenue beginning at the Northwest intersection of Greensboro Avenue and Mediterranean Avenue, running a distance of forty-eight (48) feet along the Northern property line (Southern boundary of Block 30, Shadow Lawn Heights) and running in a Southeasterly direction to the Southwest intersection of Greensboro Avenue and Mediterranean Avenue, containing 1327 square feet. Por¢~l 2: Portion of Mediterranean Avenue, running a distance of forty-one (41) feet along the Eastern property line (Western boundary of Lot 1, Block 18, Shadow Lawn Heights) and running in a Northwesterly direction to the Southwest intersection of Greensboro Avenue and Mediterranean Avenue, containing 1547 square feet. Deferred for Compliance: January 28, 1992 Additional Deferrals: August 11, 1992 February 9, 1993 February 8, 1994 Recommendation: ADDITIONAL TWELVE MONTH DEFERRAL do Application of WILLIAM and SHELLEY STALLINGS for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires all lots have direct access to a public street on Little Lake Court (LYNNHAVEN BOROUGH). Recommendation: APPROVAL Se Application of JOHN E. HAWKINS for Variances to the Subdivision Ordinance on Site 14, Little Haven (3009 Little Haven Road) (LYNNHAVEN BOROUGH). (1) Section 4.4(b) which requires all newly created lots meet all requirements of the Zoning Ordinance. (2) Section 4.4(d) which requires all lots have direct access to a public street. Recommendation: APPROVAL fo Application of ENTERTAINMENT, INC., T/A VIRGINIA BEACH AMUSEMENT COMPANY for a Conditional Use Permit for ~ commercial parking lot at the Northeast corner of Atlantic Avenue and 14th Street, containing 43,425 square feet (VIRGINIA BEACH BOROUGH). Recommendation: APPROVAL ge Application of MORRIS H. FINE, TRUSTEE, SNYDER FAMILY TRUST and CHECKERED FLAG MOTOR COMPANY, INC. for a Conditional Use Permit for motor vehicle sales~ rentals and repair on the South side of Virginia Beach Boulevard 550 feet more or less East of Kings Grant Road (3001 Virginia Beach Boulevard), containing 1.128 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL he Application of HOG POST, L.C., for a Conditional Use Permit for automobile repair and tire sales (addition) on the North side of Virginia Beach Boulevard, 120.14 feet West of Louisa Avenue (1658 Virginia Beach Boulevard), containing 21,737.6 square feet more or less (LYNNHAVEN BOROUGH). Recommendation: APPROVAL i · Application of MICHAEL D. SIFEN, INC., for a Ghange of Zonina District Classification from 0-2 Office District to I-1 Light Industrial District on the East side of Holland Road, 350 feet more or less South of Dam Neck Road, containing 1.002 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL K. APPOINTMENTS FRANCIS LAND HOUSE BOARD OF GOVERNORS HUMAN RIGHTS COMMISSION PERSONNEL BOARD THE PLANNING COUNCIL L. UNFINISHED BUSINESS 1. COUNCIL-SPONSORED ITEM: Se City Council Policy Cash Payment in Lieu of Park Reservation (Sponsored by Councilman John D. Moss) M. NEW BUSINESS N. ADJOURNMENT BUDGET/C.I.P. REVIEW SCHEDULE CITY COUNCIL CHAMBER BUDGET/C.I.P. PRESENTATION WORKSHOP WORKSHOP WORKSHOP PUBLIC HEARING Larkspur Middle School WORKSHOP PUBLIC HEARING FINAL WORKSHOP BUDGET/C.I.P. ADOPTION Thursday March 30* 12 Noon Tuesday April 04 Tuesday April 11 Tuesday April 18 Thursday April 20 Tuesday April 25 Tuesday May 02 Thursday May 04 Tuesday May 09 10 AM - Noon 10 AM - Noon 4 PM - 6 PM 7 PM 2 PM - 4 PM 2 PM 9 AM - 11 AM 2 PM * Special Formal Session * * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) * * * * * * * * * * 02/09/95cmd AGENDA\ 02-14- 95. PLN MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, V~rginia February 14, 1995 Vice Mayor William D. Sessorns, Jr., called to order the CITY MANAGER'S BRIEFING to the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 14, 1995, at 12:00 NOON. Council Members Present: John ,4. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Barbara M. Henley, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: Louis R. Jones [ENTERED: 12:10 P.M.] John D. Moss [ENTERED: 12:58 P.M.] Mayor Meyera E Oberndorf [ENTERED: 12:10 P.M ATTENDING FUNERAL OF JUDGE OWENSI Nancy IC Parker [OUT OF CITY WITH FAMILY/ SISTER'S VISIT] Vice Mayor Sessorns, betng a Corporate Officer of Central Fidelity Bank disclosed there were no matters on the agenda in which he has a "personal tnterest", as defined tn the Act, either in&vidually or in his capacity as an officer of Central Fidelity Bank The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessorns' letter of January 10, 1995, ts hereby made a part of the record -2- CITY MANAGER'S BRIEFING HOUSING STRATEGY 12:00 NOON ITEM # 38810 Andrew M. Friedman, Director - Housing and Neighborhood Preservation, advised in December 1993, City Council approved the "Comprehensive Housing and Neighborhood Strategy". In preparation for revising the Strategy and for meeting new HUD requirements, Mr. Friedman prepared the report on progress toward meeting the objectives outlined. There has been an extensive series of public meetings. A revised Plan setting the City's priorities for housing activities will be brought for review by the City Manager in April and City Council in May. The Department's mission is to preserve and enhance the quality and livability of the City's housing and neighborhoods. The three activities of the Department of Housing and Neighborhood Preservatton entail: Code Enforcement Development and Provision of Financial Resources for Housing Improvement Development of Partnerships Relative Code Enforcement, Mr. Friedman cited the following increases: Response to complaints relative code enforcement 65% Certificate of Occupancy rental inspections 42% Systematic notice of violations 68% Two new programs have been initiated: the Graffiti Abatement and a program to respond to Virginia Natural Gas reports of unsafe gas appliances. Re the development and provision of financial resources for housing improvement, Federal and State funds were utilized and leveraged other Federal and State private funds to improve owner occupied housing to assist families that wish to purchase their first home and in the improvement of privately owned rental property. For every City dollar received, nine other dollars are directly leveraged, 'half of them in Federal funds received directly and 'half leveraged through other grants and other organizations. The Department is involved in partnerships with other departments, the City Schools, Habitat for Humanity, Vocational Technical Institute, private and civic associations and non -profit and for profit housing organizations with the realtors, landlords and tenants. The Department is a key supporter of the Reside With Pride organization and key partictpants in the CARE partnership. The Department works closely with the Human Rights Commission. The progress on the implementation of the Comprehensive Housing and Neighborhood Strategy had been previously distributed to City Council and is hereby made a part of the record. As the housing stock ages. Mr. Friedman believes there will be a greater demand for code enforcement and housing rehabilitation funding as well as creative solutions to the problems. The Department intends to attempt to stay ahead of this situation and bring solutions. February 14, 1995 -3- CITY MANAGER'S BRIEFING HOUSING STRATEGY 12:00 NOON ITEM # 38810 (Continued) The Federal Government is considering radical changes in both the amount of funds it provides to cities for housing and the way in which this funding is provided. The Department is going to plan ahead in order to be prepared. In the short term, the Department is utilizing the State funds that have been made available for giving citizens additional home ownership opportunities and more assistance to existing homeowners to maintain their properties. In addition, the Department is convening another Advisory Group to assist in accomplishing more in this particular area. Relative the progress in the remaining four TARGET Neighborhoods, the Department has basically completed the work in the Seatack Target Neighborhood, and is about to contact neighborhood representatives to plan an appropriate ceremony and consultation with other departments. In Queen City and Atlantic Park, the Department is ongoing with housing activittes, utilizing the Section 108 Loan Funds that were approved for this purpose. The Department expects to complete housing rehabilitation in Queen City this calendar year and in Atlantic Park in 1996. In the upcoming budget, the Department will make the final installment of $2-MILLION for the relocation assistance to residents of Burton Station Mayor Oberndorf apologized for her late arrival, as she was in attendance at Judge Owens' funeral. Mayor Oberndorf extended her appreciation for the Department's outstanding and credible achievements based on the limited resources. Relative code enforcement, Mayor Oberndorf suggested a pamphlet be established to advise the complaining citizen concerning legal procedures and the length of time to correct a situation. Mr. Friedman advised one of the Department's goals is identifying a method to address the problems of substandard housing in the rural areas and the key impediment to this is the ability to find ways to obtain acceptable sewerage disposal on those lands. There have been 8,800 responses to citizens' concerns. In response to Councilman Dean, Mr. Friedman advised it was an important policy issue to address the h'fe cycle cost of housing rather than just the upfront costs. The cost of building a house today needs to be balanced versus the cost of maintaining it over the next twenty years. The Building Code administered for new construction is a statewide building code, not a local code. The total budget of the Department of Housing and Neighborhood Preservation is approximately $5- MILLION, of which $4-MILLION is Federal. February 14, 1995 i -4- CITY MANAGER'S BRIEFING SEATACK RECREATION CENTER - EXPANSION 12:40 P.M. ITEM # 38811 Susan Walston, Director of Parks and Recreation, advised the Seatack Community Center has existed in its current state since 1988 and contains approximately 3,800 square feet of space. In response to the community, the City Council approved the expansion and enhancement of the facilities with the addition of a gymnasium, swimming pool and changing areas. To address this expansion, City Council appropriated $1,982,000 in the 1994-1995 Capital Improvement Plan. Subsequent to City Council's action, City staff proceeded tmmediately to tnvestigate acquisition of an adjacent parcel and select architectural and engineering services to work on thts project An architect selected in July with a notice to proceed in August. The architect selected was Clark, Nexsen, Owen, Barbieri and Gibson (CNOBG). Thomas T. Winborn, Vice President, is representing the firm. Mr. Winborn displayed the location of the project site, which is South Birdneck Road, approximately 1/2 mile south of Virginia Beach Boulevard. It is currently the site of the Seatack Community Center. The existing site is approximately 1.3 acres. There ts an adjacent site of approximately 12 acres, whtch the City is currently investigating purchasing. There is a right-of-way which the Virigma Department of Transportation is currently investigating widening Birdneck Road, which will reduce the front of the usable site area. There are building setbacks which the zoning ordinance will require on ali four sides of the site. There are wetlands on both the proposed and existing site. The Navy has an AICUZ easement on the entire new site and the rear portion of the existing site. Because of all these constraints on the site, there is just slightly less than one acre on which a building can be constructed with an occupancy classification of a recreation center. After investigating several design schemes and analyzing the cost, the only scheme which cost less than the $1,982,000 programmed in the Capital Improvement Program was a facility with an outdoor swimming pool. Mr. Winborn displayed a concept depicting this scheme. The second scheme reviewed was to design an indoor pool. This scheme would provide 105 parking spaces. The enlarged plan will depict a regulation indoor gymnasium (approximately 50 x 94). The interior of the existing building will be renovated to accommodate a larger meeting area, staff offices and a reception area. As an addition, new men and women's toilet, locker and shower facilities will be built. The pool would be six, 7-foot wide lanes, with a foot and one-half side lanes on each side. This pool wouM use a continuous overflow gutter system and a sand fdtration system. The pool would meet both NCAA and National Federation of State High School Association standards for swimming pools. This plan wouM add approximately 22,000 square feet to the existing 3800 square foot facility for a total facility of approximately 25,000 square feet. This facility wouM cost approximately $2,320,000, which exceeds the current CIP budget by $338,000. However, this is the current concept both the CNOBG and the City Staff are recommending. John Herzke, City Engineer, advised the current schedule for the project is to move forward with the scheduled meetings with the Community representatives and Civic Leagues in this area. The City would then proceed with design, which is scheduled to be completed in January 1996. Construction would commence in April 1996 with completion in April 1997. The removal of the kitchen is not acceptable; therefore, during the design stage, the City staff will investigate how to retain this kitchen option in the facility. The commitment to the community was to add-on to the existing facility. Seatack is a 5-day-a-week senior citizen nutrition program site. February 14, 1995 -5- ITEM # $8812 Mayor Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 14, 1995, at 1:10 P.M. Council Members Present: John ,4. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members ,4bsent: Nancy K~ Parker February 14, 1995 -6- ITEM # $8815 Mayor Meyera E. Oberndorf 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 purpose: PERSONNEL MATTERS; Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Sectton 2.1-344 (A) (1). To Wit: Appointments: Boards and Commissions: Francis Land House Human Rights Commission Personnel Board Planning Council LEGAL MATTERS: Consultation with legal counsel or brzefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). To-Wit: Lake Gaston Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed into EXECUTIVE SESSION. Voting. 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndo~ Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay' None Council Members Absent: Nancy K. Parker February 14, 1995 -7- FORMAL SESION VIRGINIA BEACH CITY COUNCIL February 14, 1995 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 14, 1995, at 2.00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Barbara M Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndo~ Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Absent. Nancy IC Parker INVOCATION: Reverend John Burley Galilee Episcopal Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMEPjCA February 14, 1995 -8- Item II-E. 1. MA YOR 'S PRESENTATION ITEM # 38814 ADD-ON Mayor Oberndorf advised the DISTINGUISHED BUDGET AWARD has been received for the Department of Management and Budget from the Government Finance Officers Association for Fiscal year 1994-1995. Mayor Oberndorf PRESENTED this plaque to' E. Dean Block Director of Management and Budget Walter Kraemer Resource and Management Services Administrator February 14, 1995 -9- Item II-E. 2. MA YOR 'S PRESENTATION ITEM # 38815 ADD-ON Mayor Oberndorf advised she was presented a plaque at the Planning Commission meeting of February 8, 1995: 1994 PLANNING COMMISSION DESIGN AWARDS OUTSTANDING PUBLIC PROJECT 24th STREET PARK This is the first time in the history of the Planning Commission Design Awards that a public project has been recognized. The City's 24th Street Park was selected this year and is a wonderful example of coordination between various agencies. The Park was designed by I/'anYahres Associates Landscape Architects, which works closely with the Public Works Department's Special Projects Division, the Resort Advisory Commission, Parks and Recreation Staff, Convention and Visitors Development, the Virginia Beach Life-Saving Museum, as well as many other review agencies. The architecture and overall theme was tied to the Virginia Beach Life Saving Museum. February 14, 1995 - 10 - Item II-E. 1. CERTIFICATION OF EXECUTIVE SESSION ITEM # 38816 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting. 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Oberndo~ Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Nancy IC Parker February 14, 1995 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 38813, Page No. 6, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Rtf(h Hodges Sm~ih, (~i~C/AAE City Clerk February 14, 1995 - 11 - Item H-F. 1. MINUTES ITEM # 38817 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of February 7, 1995, AS CORRECTED: Item #38005, page 21 The License Refunds were incorrectly submitted. The correct total of funds to be refunded should be $34,158.40, not $45,500.00. Ordinance authorizing License Refunds in the amount of $4x~t~rO~ $34,158,40 upon application of certain persons and upon certification of the Commissioner of the Revenue for payment. Item # 38807, page 23 The word "rural" was incorrect and should have been "North End" in the following sentence: "The majority of the residents in the rm~ North End area prefer open spaces and not paying extra money for homes, which are not going to pay for themselves." Voting: 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert lC. Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndo~ Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Nancy K. Parker February 14, 1995 - 12 - Item III-G.I. PUBLIC HEARING ITEM # 38818 Mayor Oberndorf DECLARED ,4 PUBLIC HEARING: AGRICULTURAL RESERVE PROGRAM (ARP) The .following registered to speak in SUPPORT: Sue Carlyle, 1425 Alanton Drive, President of SAVE Joy Eliassen, 1472 Mill Landing Road, Phone: 426-7102, represented the Back Bay Restoration Foundation George L. Wardsworth, 1533 Princess Anne Road, Phone: 426-6363 Steve Barnes, 1100 McClanan Lane, Phone. 426-2241, represented the Virginia Beach Farm Bureau Captain Melvin H. Eaton, 2600 West Lan&ng Road, Phone: 426-6020 Betsy Rawls Agelaston, 815 Cavalier Drive, Phone: 428-1870 Molly Brown, 2232 Sandpiper Road, Phone; 721-5011 Donald Horsley, 3169 Land o,f Promise Road, Phone: 421-3625, Chairman - Agricultural Advisory Commission Eddie Vaughan, 4469 Charity Neck Road, Phone: 426-6452 Marilyn Danner, 2601 West Landing Road, Phone: 426-7390 Dr. Steve Vinson, 2965 Lynnhaven Drive, Phone: 496-9065 Michael Lip. ford, 1233 Cedars Court, Centerville, Virginia 22020, Phone: 295-6106, State Director .for the Nature Conservancy Joe McCauley, 3153 Colechester Road, Phone: 721-2412, represented the Back Bay National Wildlife Refuge Attorney R. E. Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971 Chuck Traub, 784 Glasgow Court, Phone' 340-9056 Bridgett Costanzo, Post Office Box 480, Phone: 693-6694, represented the U.S. Fish and Wildlife Service The following spoke in OPPOSITION: Maxine Graham, 3057 Sandpiper, Phone: 721-3000 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. February 14, 1995 - 13 - Item III-H. 1. RESOLUTIONS/ORDINANCES ITEM # 38819 Attorney Michael B. Hamar, 1597 Bay Point Drive, Phone; 424-3232, represented the applicant Upon motion by Vice Mayor Sessorns, seconded by Councilman Branch, City Council ADOPTED: Resolution to approve issuance of $4,800,000 Multi-Family Rental Housing Revenue Bonds for Sunray Court Associates re housing facility for the elderly at 304 28th Street (VIRGINIA BEACH BOROUGH). Voting: 10-0 Council Members Voting Aye: John ,/1. Baurn, Linwood 0 Branch, III, Robert ~ Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Nancy IC Parker February 14, 1995 A regular meeting of the City Council of the City of Virginia Beach, Virginia, was held in the City Council Chambers in the City of Virginia Beach, Virginia, on the 14 day of February , 1995, the following resolution was adopted by the following vote: Na/ne John A. Baum Linwood O. Branch, III Robert K. Dean W~lliam W. Harrison, Jr. Barbara M. Henley Louis R. Jones John D. Moss Mayor Meyera E. Oberndorf V~ce Mayor William D. Sessoms, Jr. Louisa M. Strayhorn ABSENT: Nancy K. Parker Vote Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye RESOLUTION APPROVING ISSUANCE OF MULTI-FAMILY RENTAL HOUSING REVENUE BONDS FOR SUNRAY COURT ASSOCIATES WHEREAS, on November 15, 1994, the City of Virginia Beach Development Authority (the "Authority") considered the application of SunRay Court Associates, a Virginia general partnership (the "Company"), for the issuance of the Authority's multi-family rental housing revenue bonds in an amount not to exceed $4,800,000 (the "Bonds") to assist the Company in acquiring, reconstructing, renovating and equipping a multi-family residential rental housing facility for the elderly comprised of 42 efficiency and 42 one- bedroom apartment units ("Project"), located at 304 28th Street, in the City of Virginia Beach, Virginia, such facility to be owned and operated by the Company, and the Authority held a public hearing thereon and adopted an inducement resolution ("Inducement Resolu- tion'') for such facility; WHEREAS, on January 20, 1995, the Authority, after publication of proper notice, conducted a public hearing on the application of the Company and adopted a resolution ratifying and confirming the Inducement Resolution; WHEREAS, the Internal Revenue Code of 1986, as amended, provides that the highest elected governmental officials of the governmental units having jurisdiction over the issuer of industri- al development and other tax-exempt bonds and over the area in which any facility financed with the proceeds of such bonds is located shall approve the issuance of such bonds; WHEREAS, the Authority issues its bonds on behalf of the City of Virginia Beach, Virginia (the "City"), the Project is to be located in the City and the members of the City Council of Virginia Beach constitute the highest elected governmental officials of the City; WHEREAS, Section 15.1-1378.1 of the Code of Virginia of 1950, as amended, provides that the Council shall within 60 calendar days from the public hearing with respect to revenue bonds either approve or disapprove the issuance of such bonds; WHEREAS, a copy of the Authority's Inducement Resolution, as ratified and confirmed by the Authority's resolution adopted on January 20, 1995, approving the issuance of the Bonds, subject to terms to be agreed upon, a reasonably detailed summary of the comments expressed at the public hearing with respect to the Bonds and a fiscal impact statement in the form prescribed by Section 15.1-1378.2 of the Code of Virginia of 1950, as amended, have been filed with the City Council, together with the Authority's recommendation that the City Council approve the issuance of the Bonds and authorize the City Manager, if and to the extent necessary in the opinion of the Authority's counsel, to submit an application to the Virginia Department of Housing and Community Development requesting an allocation of $4,800,000.00 pursuant to Title 15.1, Chapter 33.2 of the Code of Virginia of 1950, as amended with respect to the issuance of the Bonds; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The recitals made in the preambles to this Resolution are hereby adopted as a part of this Resolution. 2. The City Council of Virginia Beach, Virginia, hereby approves the issuance of the Bonds by the Authority in an amount not to exceed $4,800,000.00 to assist in the financing of the acquisition, reconstruction, renovation and equipping of the Project, for the benefit of the Company, to the extent required by the Internal Revenue Code of 1986, as amended (the "Code") and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the "Virginia Code"). 3. The approval of the issuance of the Bonds as required by the Code and Section 15.1-1378.1 of the Virginia Code, does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Company, but as required by Section 15.1-1380 of the Virginia Code, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Common- wealth of Virginia, the City or the Authority shall be pledge thereto. 4. The City Manager is hereby authorized and directed, if and to the extent necessary in the opinion of counsel to the Authority, to submit an application to the Virginia Department of Housing and Community Development requesting an allocation of $4,800,000.00 pursuant to Title 15.1, Chapter 33.2 of the Code of Virginia of 1950, as amended, with respect to the issuance of the Bonds. This Resolution shall take effect immediately upon its adoption. ADOPTED by a quorum of the Council of the City of Virginia Beach, Virginia, on , 1995. MAYOR ATTEST: City Clerk F = \CLIENTS \ 17 2 2 \ 0 0 2 \BS-APPRO . MBH FISCAL IMPACT STATEMENT PURSUANT TO SECTION 15.1-1378.2 .. OF TEE 1950. CODE OF VIRGINIA, ..AS ..AMENDED _ November 15,1994 SUNRAY COURT ASSOCIATES (SunRay Court Associates Project} 1. Maximum amount of financing sought $4,800,000.00 2. Estimated taxable value of the facility's real property to be constructed in the municipality 4,605,882.00 3. Estimated real property tax per year using present tax rates 52,507.05 4. Estimate personal property tax per year using present tax rates N/A 5. Estimated merchant's capital tax per year using present tax rates N/A 6. Estimated dollar value per year of goods and services that will be purchased locally 23,454.00 7. Estimated number of jobs retained (i.e., regular employees on a year-round basis) 2 8. Average annual salary per retained employee 19,627.00 The infoz~_ation contained in this fiscal impact statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respeot thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By'. Name Title~ F~ \CLII~N'~S\ 1 ?O0\O01\B~-i~IS. MBN Bird Neck Pt · --~nkhorn -Point NORTH LITTLE R0 E ' . Shop LINLIER<. ,nds Meeting REL Dominion -- '~ Club =~ Yacht , nL~ t~lii~t$ PARK Bi[co l o ec..T Park Norwegian Lady Statue ~ USCG Stallon · Maritime H~storlcal Museum RIENDSI-I so, ~, I~°ST CT '~T -- -~- ~.--: · J ~ J = 2 ~ON ~0 ENS,', 4 A~W UxES ¢ DRINKWATER LOR GOOS[ P aVlJlon ConventlOll Center & Informatmn Cent Gtpal Public Wot ry Oept F PROJECT NAME: PROJECT ADDRESS: TYPE OF PROJECT: ZONING: PROJECT LOCATION SunRay Court Associates Project 304 28th Street Virginia Beach, Virginia 23451 Multi Family Rental Housing for the Elderly RT-3 - 14 - Item III-H.Z RESOLUTIONS~ORDINANCES ITEM # 38820 The following spoke in SUPPORT of the Resolution and Ordinance: Sara Hyman Friend, 104 Bayridge Court, Phone; 422-1489, represented the Seatack Civic League Susie D. Whitehurst, 1055 Norfolk Avenue, Phone: 425-1692, represented the Seatack/Atlantic Park Surrounding Area Civic League Delceno Miles, Phone: 499-9627 Beverly A. Woodhouse, 420 Cronin Road, Phone: 533-6860, represented the Seatack Community Center Council Ornia Robbins, 124 South Birdneck Road Upon motion by Council Lady Strayhorn, seconded by Councilman Branch, City Council ADOPTED, re SEATACK COMMUNITY CENTER (CIP #4-962): Resolution to authorize modification of the scope of the project to provide a regulation indoor pool; and, direct the City Manager to provide, within the FY 1995-1996 Capital Budget, such additional funds as will be needed to fund the project as modified. (Sponsored by Council Lady Loutsa M. Strayhorn) Ordinance to authorize acquisition of property (approximately 11.045 acres) in fee simple, either by agreement or condemnation, to replace parking removed by the expansion and provide additional parking area. Voting: 8-2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W.. Harrison, Jr., Barbara M. Henley, Louts R. Jones, Mayor Meyera E. Oberndorf,, V~ce Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay. Robert IC Dean and John D. Moss Council Members Absent: Nancy IC Parker February 14, 1995 Requested by Councilmember Louisa M. Strayhorn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 A RESOLUTION AUTHORIZING MODIFICATION OF THE SCOPE OF CIP PROJECT # 4-962 (SEATACK COMMUNITY CENTER) AND DIRECTING THE CITY MANAGER TO PROVIDE WITHIN THE FY 1995-96 CAPITAL BUDGET SUCH ADDITIONAL FUNDS AS WILL BE NEEDED TO FULLY FUND THE PROJECT, AS MODIFIED WHEREAS, City Council has previously established CIP Project # 4-962 (Seatack Community Center) (the "Project"), and has appropriated $1,982,000 for site acquisition and for expansion of the existing Center to include a gymnasium with shower and changing areas, and a swimming pool; WHEREAS, City Council supports modification of the scope of the Project to provide that the swimming pool will be a regulation indoor pool; and WHEREAS, additional funds will be needed to fully fund the Project, as modified. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby authorizes modification of the scope of CIP Project # 4-962 to provide that the swimming pool will be a regulation indoor pool designed in substantial conformance with the specifications contained in the report prepared by the architectural and engineering firm of "Clark Nexsen Owen Barbieri Gibson". BE IT FURTHER RESOLVED: That the City Manager is hereby directed to include within the proposed FY 1995-96 Capital Budget such additional funds as will be needed to fully fund the Project, as modified. Adopted by the Council of the City of Virginia Beach, Virginia on the 14 day of February , 1995. 32 33 34 35 CA-5845 Noncode/SeaCommu. ORD R-4 February 8, 1995 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE TO AUTHORIZE ACQUISITION OF APPROXIMATELY 11.045 ACRES OF PROPERTY IN FEE SIMPLE FOR EXPANSION OF THE SEATACK COMMUNITY CENTER, EITHER BY AGREEMENT OR CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction and installation of this important project to expand the existing Seatack Community Center and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Council authorizes the acquisition by purchase or condemnation pursuant to Sections 15.1- 236, et seq., 15.1-898, 15.1-899, and Title 25-46.1 et seq., Code of Virginia of 1950, as amended, all that certain real property in fee simple, as shown on the plans entitled "CITY OF VIRGINIA BEACH, VIRGINIA FY 1994-95/FY 1999-2000 CAPITAL IMPROVEMENT PROGRAM" "SEATACK COMMUNITY CENTER," these plans being on file in the Office of Real Estate Department of Public Works, Virginia Beach, Virginia. Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands. If refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Adopted by the Council of the City of Virginia 14 day of February , 1995. Beach, Virginia, on the CA-5848 NONCODE\CA5848.ORD R-1 ~'""- ~ S~NATURE APPROVED AS TO LEGAL c TY ATTOR - 15 - Item III-H. 3. RESOLUTIONS~ORDINANCES ITEM # 38821 The following registered to speak: Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Upon motion by Councilman Moss, seconded by Councilman Dean, City Council ADOPTED, AS REVISED*: Resolution to direct the City Manager to identify within the proposed FY 1995-1996 Operating Budget, alternate funding sources that wouM enable the City to eliminate the Stormwater Management Utility Fee. (Sponsored by Councilman John D. Moss) *The word "wouM" on line 16 shall be changed to "may". Voting: 8-0 Council Members l/oting Aye. John A. Baum, Robert IC Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III, Nancy IC Parker and Louisa M. Strayhorn February 14, 1995 Requested by Councilmember John D. Moss A RESOLUTION DIRECTING THE CITY MANAGER TO IDENTIFY WITHIN THE PROPOSED FY 1995-96 OPERATING BUDGET ALTERNATE FUNDING SOURCES THAT WOULD ENABLE THE CITY TO ELIMINATE THE STORMWATER MANAGEMENT UTILITY FEE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WHEREAS, numerous concerns about the stormwater management utility fee have been expressed by both the public and members of City Council since adoption of the Stormwater Management Utility Ordinance on December 1, 1992; WHEREAS, the bulk of City expenditures for stormwater management is for flood control, which is as much a traditional public safety responsibility of local government as police and fire protection; and WHEREAS, due to the inequities created by the current stormwater management utility fee, City Council has determined that it may be more equitable to eliminate the fee and finance stormwater management through alternate funding sources. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby directed to identify, within the package of materials submitted to City Council as part of the proposed FY 1995-96 Operating Budget, alternate funding sources that could be used to finance stormwater management thereby enabling the City to eliminate the stormwater management utility fee. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day of February , 1995. 28 29 3O 31 32 CA-5784 ORDIN \ NONCODE \REPEAL. ORD R-4 PREPARED: 02/09/95 AMENDED: 02/14/95 - 16 - Item III-L CONSENT .4 GEND,4 ITEM # 38822 Upon motion by Councilman Moss, seconded by Vice Mayor Sessorns, City Council APPROVED in ONE MOTION Items 1 and 2 of the CONSENT ,4GEND,4. Voting: 9-0 Council Members Voting Aye: John `4. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K~ Parker and Louisa M. Strayhorn February 14, 1995 -17- Item III-L 1. CONSENT AGENDA ITEM # 38823 Upon motion by Councilman Moss, seconded by Vice Mayor Sessoms, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $124,180 donation from the London Bridge Volunteer Fire Company to the FY 1994-1995 Fire Department Operating Budget re purchase of a salvage vehicle. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K, Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent. Nancy IC Parker and Loutsa M. Strayhorn February 14, 1995 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $124,180 DONATION FROM THE LONDON BRIDGE VOLUNTEER FIRE COMPANY TO THE FY 1994-95 FIRE DEPARTMENT OPERATING BUDGET TO PURCHASE A SALVAGE VEHICLE WHEREAS, the London Bridge Volunteer F~re Department sold their building and property after the construcbon of the new London Bridge F~re Stabon, WHEREAS, the membership demded to donate the proceeds from the sale to the City for the purchase of a new salvage truck NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that the London Bridge Volunteer F~re Department's donation of $124,180 be accepted and appropriated to the F~re Department's FY 1994-95 Operabng Budget for the purpose of purchasing a new salvage vehicle 9 10 donabon BE IT FURTHER ORDAINED, estimated revenues be ~ncreased by $124,180 to reflect th~s 11 Adopted by the Council of the C~y of V~rgima Beach, V~rg~nla on the 14 day of ~Februar ,y 1995 CRW-D ~ob95~lre~donabon ord Approved as to Content ....... "'Wa ter .Ir, Management and Budget ................................................................................................... IIIIIIIIIIIIIIIIIII1'1 - 18 - Item 111-1,2. CONSENT AGENDA ITEM # 38824 Upon motion by Councilman Moss, seconded by Vice Mayor Sessoms, City Council ADOPTED: Ordinance to APPROPRIATE $30,000 from retained earnings in the Virginia Marine Science Museum Enterprise Fund to the FY 1994-1995 Operating Budget of the Virginia Marine Science Museum re animal holding facility Voting: 9-0 Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, Robert I(. Dean, William W. Harrison, Jr., Barbara M Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy IC Parker and Louisa M. Strayhorn February 14, 1995 AN ORDINANCE TO APPROPRIATE $30,000 FROM RETAINED EARNINGS IN THE VIRGINIA MARINE SCIENCE MUSEUM ENTERPRISE FUND TO THE FY 1994-95 OPERATING BUDGET OF THE VIRGINIA MARINE SCIENCE MUSEUM WHEREAS, the C~ty Council ~ntends to conbnue to prowde funds for the Wrg~n~a Marine Science Museum and ~ts expansion, and 9 10 WHEREAS, the Museum must beg~n early ~n FY 1995-96 to acquire animals that w~ll be featured ~n the expanmon exhibits, and 11 12 13 WHEREAS, space ~s needed several months prior to the acqu~s~hon of the animals to prepare a holding facility for accl~mahng the animals before placing them ~n the exhibits, and 14 15 16 WHEREAS, sufficient funds ernst in the Retained Earnings balance ~n the Museum's Enterprise Fund to transfer $30,000 to the Museum's FY 1994-95 operating budget for the lease of space for the animal holding facility, 17 18 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $30,000 be transferred from Retained Earnings in the V~rg~nla Manne Science Museum Enterpnse Fund to the Museum's FY 1994-95 operahng budget for the lease of space for an animal holding facility 21 Th~s ordinance shall be effecbve on the date of ~ts adopbon 22 23 Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of February , 1995 24 25 26 27 APPROVED AS_TO CONTEAIT -- __ Walter C ~rraemer, Jr Department of Management and Budget - 19 - !t. em llI-J.1. PUBLIC HEARING ITEM # 38825 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING o (a) CRW, INC. RECONSIDERATION CONDITIONAL USE PERMIT (b) BUNGEE THRILLS, INC. CONDITIONAL USE PERMIT (c) VIRGINIA BEACH MARLIN CLUB, INC. AND STREET CLOSURE (d) WILLIAM AND SHELLEY STALLINGS VdRIANCE (e) JOHN E. HAWKINS VARIANCES (f) ENTERTAINMENT, INC. T/A VIRGINIA BEACH AMUSEMENT COMPANY CONDITIONAL USE PERMIT (g) MORRIS H. FINE, TRUSTEE, SNYDER FAMILY TRUST AND CHECKERED FLAG MOTOR COMPANY, INC. CONDITIONAL USE PERMIT (h) HOG POST, L.C. CONDITIONAL USE PERMIT (i) MICHAEL D. SIFEN, INC. CHANGE OF ZONING February 14, 1995 - 20 - Item lll-J.l.a. PUBLIC HEARING ITEM # 38826 PLANNING The City Clerk referenced correspondence of Lucy Wade requesting WITHDRAWAL of the application. Said letter is hereby made a part of the record. Upon motion by Councilman Dean, seconded by Councilman Moss, City Council ALLOWED WITHDRAWAL: RECONSIDERATION of Condition Number 8 (number of truck trips per day until May 15, 1995) placed on the May 12, 1992, approved application of CRW, INC. for a Conditional Use Permit for a borrow pit: ORDINANCE UPON APPLICATION OF CRW,, INC. OF CONDITIONAL USE PERMIT FOR A BORROW PIT R05921429 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CRW, INC. for a Conditional use Permit for a borrow pit on the south side of Indian River Road, 2860 feet more or less west of West Neck Road. Said parcel is located at 2765 Indian River Road and contains 35.066 acres. PRINCESS ANNE BOROUGH. Voting: 10-0 Council Members Voting Aye: John/1. Baum, Linwood O. Branch, III, Robert K, Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Nancy IC Parker February 14, 1995 - 21 - Item lll-J.l.b. PUBLIC HEARING ITEM # 3882 7 PLANNING Felix Templeton, 108 Atlantic Avenue, Phone: 422-2700, represented himself Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council APPROVED RECONSIDERATION of Conditions placed on the March 24, 1992, approved application of BUNGEE THRILLS, INC., by FELIX TEMPLETON for a Con&tional Use Permit for a recreational and amusement facility of an outdoor nature (bungee jumping) on the West side of Atlantic Avenue, South of 3rd Street (LYNNHAVEN BOROUGH): ORDINANCE UPON APPLICATION OF B UNGEE THRILL~ INC. FOR A CONDITIONAL USE PERMIT FOR A RECRF~4TIONAL AND AMUSEMENT FACILI~ OF AN OUTDOOR NATURE (BUNGEE JUMPING) R03921419 Ordinance upon application of Bungee Thrills, Inc. for a Conditional Use Permit for a recreational and amusement facility of an outdoor nature (Bungee Jumping) on certain property located on the west side of Atlantic Avenue, south of 3rd Street Said parcel contains 1.6 acres. LYNNHA FEN BOROUGH The .following conditions shall be AMENDED: . . The original site plan shall be modified to provide a third leg on the bungee jumping arch. The additional leg would allow for the arch to be used as a "sky coaster" ride. The expiration of the conditional use permit shall be extended to November 1996. Voting: 10-0 Council Members Voting Aye: John A Baurn, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Nancy IC Parker February 14, 1995 Item llI-J.l.c. PUBLIC HEARING ITEM # 38828 PLANNING Attorney John Richardson, 2101 Parks Avenue, represented the applicant and requested an additional 12 month DEFERRAL. Upon motion by Councilman Branch, seconded by Vice Mayor Sessorns, City Council DEFERRED AN ADDITION/~ TWELVE (12) MONTHS FOR COMPLIANCE until February 1996: The Petition of VIRGINIA BEACH MARLIN CLUB, INC. and WALTER CASON BARCO for the discontinuance, closure and abandonment of the following parcels. Petition of Virginia Beach Marlin Club, Inc. and Walter Cason Barco for the discontinuance, closure and abandonment of the following parcels: Parcel 1. Closure of a portion of Greensboro Avenue beginning at the Northwest intersection of Greensboro Avenue and Mediterranean Avenue, running a distance of forty-eight (48)feet along the Northern property line (Southern boundary of Block 30, Shadow Lawn Heights) and runnmg in a Southeasterly direction to the Southwest intersection of Greensboro Avenue and Mediterranean Avenue. Parcel 2: Closure of a portion of Mediterranean Avenue, running a distance of forty-one (41) feet along the Eastern property line (Western boundary of Lot 1, Block 18, Shadow Lawn Heights) and running in a Northwesterly direction to the Southwest intersection of Greensboro Avenue and Mediterranean Avenue. VIRGINIA BEACH BOROUGH Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: Nancy ~ Parker and Louisa M. Strayhorn This item was MOVED FORWARD to the beginning of the Planning Agenda. February 14, 1995 .- 23" ITEM # 38829 - ~-~n pembrO~ ~' ~ ,~...arv 14, 19~'a~'o.~ City ward Bour~ ' __~.dence o~ re., ~.~ dist~butea ~ 'n oPPOS~IO t~rt o~ the record, or ~sso~, Ci~ CounCtl ~ . 4Id) o~ the street on Littte -o~ ~y ~.~Y~o~ ~ v?~ ,o s~c,~o. ?,'~ co~.. Apph ' -n su~ivisW , reeard to certain · nistra~ve °~cers · -~ d Ad~ Cu~ivision for . ~ DeciSton~ ~ ~rdinanCe, o ._ court. ~..eal ~o~. e,~ivision ~ . on Little ba~e ~r _,o of t~e o~ ._ l~catea etememo '~oper~ TM '~ Voting: 10"0 .. nean, Wdliam W. Council Mern _ binwood. ~,~lev, Louis IL J~' ~essO~, Jr. an John A. HarriSOn, jr., ~rndo~, ~ce Meyera E. Obe M. StrayhOrn CounCil Members Voting NaY: NOne Council Members Absent: NanCy I~ parker February 1,1, ] - 24 - Item lll-J.l.e. PUBLIC HEARING ITEM # 38830 PLANNING Sandy Calvert, 3032 Little Haven Road, Phone. 340-8613, adjacent resident, registered in OPPOSITION. Upon motion by Councilman Harrison, seconded by Vice Mayor Sessorns, City Council DENIED the Application of JOHN E. ItA~NS for Variances to the Subdivision Or&nance on Site 14, Little Haven (3009 Little Haven Road) (LYNNHAVEN BOROUGH): Section 4.4(b) which requires all newly created lots meet all requirements of the Comprehensive Zoning Ordinance. Section 4.4(d) which requires all lots have direct access to a public street. Appeal from Decisions of Administrative offices in regard to certain elements in the Subdivision Ordinance, Subdivision for John E. Hawla'ns. Property is located on Site 14, Little Haven at 3009 little Haven Road. L YNNHA VEN BOROUGH. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: Nancy IC Parker and Louisa M. Strayhorn February 14, 1995 Item lll-J.l;f. PUBLIC HEARING ITEM # 38831 PLANNING Attorney IL J. Nutter, 4425 Corporation Lane, phone: 671-6000, represented the applicant Upon motion by Councilman Branch, seconded by Vice Mayor Sessorns, City Council ADOPTED an Ordinance upon application of ENTERTAINMENT, INC., T/A VIRGINIA BEACH AMUSEMENT COMPANY for a Conchtional Use Permit. ORDINANCE UPON APPLICATION OF ENTERTAINMENT, INC., T/A VIRGINIA BEACH AMUSEMENT COMPANY FOR A CONDITIONAL USE PERMIT R02951932 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon applicaaon of Entertainment, Inc. T/A Virginia Beach Amusement Company for a Conditional Use Permit for a commercial parldng lot on certain property located at the northeast corner of Atlantic Avenue and 14th Street. Said parcel contains 43,425 square feet. VIRGINIA BEACH BOROUGH. The following conditions shall be required: 2. The use permit shall be for a period of one (1) year and reevaluated at that time. Development of the ent&e parla'ng lot, including the nonconforming lots, shall adhere to Section 23-58 of the Code of the City of Virginia Beach Entrance/exit locations must be approved by the Traffic Englneenng D~vision of the Public Works Department. To minimize traffic congestion problems on Atlanac Avenue, the attendant station, whether located on the conforming or nonconforming section, shall be located at least 50 feet back on the s~te to allow for car stacla'ng. The Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of February, Nineteen Hundred and Nine~_ -Five. February 14, 1995 - 26 - Item Ill-J. 1 f. PUBLIC HEARING ITEM # 38831 (Continued) PLANNING Voting: 8-2 Council Members Voting Aye: John ,4 Baurn, Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Robert lC Dean and John D. Moss Council Members ,4bsent: Nancy lC Parker February 14, 1995 - 27 - Item lll-J.l.g. PUBLIC HEARING ITEM # 38832 PLANNING Attorney Morris H. Fine, 2101 Parks Avenue, Phone 422-1678, represented his application Upon motion by Councilman Harrison, seconded by Councilman Moss, City Council ADOPTED an Ordinance upon application of MORRIS H. FINE, TRUSTEE, SNYDER FAMILY TRUST and CHECKERED FLAG MOTOR COMPANY, INC. for a Conditional Use Permit ORDINANCE UPON APPLICATION OF MORRIS H. FINE, TRUSTEE, SNYDER FAMILY TRUST AND CHECKERED FLAG MOTOR COMPANE, INC. FOR A CONDITIONAL USE PERMIT R02951933 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Morris H. Fine, Trustee, Snyder Family Trust & Checkered Flag Motor Co., Inc. for a Condittonal Use Permit for motor vehicle sales, rentals and repair on the south stde of Virginia Beach Boulevard, 550 feet more or less east of Kings Grant Road. Said parcel ts located at 3001 Virgtma Beach Boulevard and contains 1.128 acres LYNNHAVEN BOROUGH. The following conchtions shall be requtred. , . Site improvements shall be in accordance with the submitted development plan entitled "Vehicle Storage Lot Checkered Flag Mitsubishi", dated November 22, 1994. All conditions of Chesapeake Bay Preservation Area Board approval are applicable Display area landscaping is required as per Section 5A of the Site Plan Ordinance. The access potnt on Virginia Beach Boulevard shall be closed as ts indicated on the site plan. dated November 22, 1994. The Ordinance shall be effective in accordance wtth Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of February., Nineteen Hundred and Ninety-Five. February 14, 1995 .- 28 - Voting. 10 rs Voting Aye: III, Robert IL Dean, William W. Council Metnbe -. -ood O. Branch'.R ,ones, John D.~IVI;~ ~LoaYu~ra t..~,, A Baum, L~n.W~ M Henley, Lou.)s.,._'[.. D SessornS, jr. jo,,.. ' T, Bart}ara "_ ,~avor WIlll6ttt~ ' Harrison, J'"__ __d,t,,d. Vice ~v, : Nleyera E. M. Strayhorn Counci! Members Voting Nay: None Council Members Absent: Nancy IL parker February - 29 - Item lll-J.l.h. PUBLIC HEARING ITEM # 38833 PLANNING Attorney Judith Dockery represented the apphcant Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of HOG POST, L.C., for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF HOG POST, L.C. FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR AND TIRE SALES (ADDITION) R02951934 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Hog Post, L.C., for a Conditional Use Permit for an automobile repair and tire sales (addition) on the north side of Virginia Beach Boulevard, 120.14 feet west of Louisa Avenue. Said parcel is located at 1658 Virginia Beach Boulevard and contains 21, 737.6 square feet more or less. LYNNHAVEN BOROUGH. The following conditions shall be required. 1. All auto repairs and are mountings will be done inside the building. Z There will be no &splay of fires outside the building. Landscaping, conststtng of containered shrubs, shall be tnstalled along Virgtnta Beach Boulevard except for tngress/egress The Ordinance shall be effective in accordance with Sectton 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of February. Nineteen Hundred and Ninety-Five Voting. 10-0 Council Members Voting Aye' John A Baum, Linwood O. Branch, III, Robert I~ Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndo~ Vice Mayor Wilham D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay. None Council Members Absent: Nancy I~ Parker February 14, 1995 - 30 - Item Ill-J.l.i. PUBLIC HEARING ITEM # 38834 PLANNING Michael D. Siren, represented his application Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon Application of MICHAEL D. SIFEN, INC., for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF MICHAEL D. SIFEN, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-2 TO I-1 Z02951441 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Michael D. Siren, Inc., for a Change of Zoning District Classification from 0-2 Office District to 1-1 Light Industrial District on certain property located on the east side of Holland Road, 350 feet more or less south of Dam Neck Road. The proposed zoning classification change to I-1 is for industrial land use. The Comprehensive Plan recommends use of this parcel for industrial use in accordance with other plan policies. Said parcel contains 1.002 acres. PRINCESS ANNE BOROUGH. The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. The Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of February, Nineteen Hundred and Ninety-Five. Voting: 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert K~ Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndo~ Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Nancy K. Parker February 14, 1995 - 31 - Item III-K.1. APPOINTMENTS ITEM # 38835 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: FRANCIS LAND HOUSE BOARD OF GOVERNORS Emily Mills Unexpired Term thru December 1995 Voting: 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert I~ Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D Moss, Mayor Meyera E. Oberndo~ Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Nancy K~ Parker February 14, 1995 - 32 - Item III-K.2. APPOINTMENTS ITEM # 38836 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: HUMAN RIGHTS COMMISSION Gene A. Woolard Unexpired Term thru 01/31/98 Voting: 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert Ic2 Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndo~ Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent. Nancy K. Parker February 14, 1995 Item III-K,3, APPOINTMENTS ITEM # 38837 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: PERSONNEL BOARD Sharon Brewer Lane Three-year Term 03/01/95 thru 02/28/98 Voting. 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert IC Dean, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndo~ Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Nancy I~ Parker February 14, 1995 - 34 - Item III-K.3. APPOINTMENTS ITEM # 38838 Upon NOMINATION by Councilman Jones, City Council APPOINTED: THE PLANNING COUNCIL Vice Mayor William D. Sessoms, Jr. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, Ill, Robert IC Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Vice Mayor William D. Sessorns, Jr. Council Members Absent: Nancy IC Parker February 14, 1995 Item III-L.l.a. UNFINISHED BUSINESS ITEM # 38839 Upon motion by Councilman Moss, seconded by Councilman Branch, City Council APPROI~D CODIFICATION: City Council Policy Cash Payment in Lieu of Park Reservation (Sponsored by Councilman John D. Moss) Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. OberndoryS, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Nancy IC Parker February 14, 1995 - 36 - Item III-M. 1. NEW BUSINESS ITEM # 3884O BY CONSENSUS, City Council ACCEPTED WITH REGRET: Resignation of Councilman John T. Moss, effective Midnight, March 15, 1995. "Dear Residents of Virginia Beach: An individual's duty to God, country and family is not tied to geography and expires only with one's last breath. Duty has called me to serve in another place. While the temptation to stay was great and the opportunity to remain a possibility, the ambition for greater challenges and the desire for new opportunities replace the inertia of comfort. This open letter constitutes my voluntary and irrevocable letter of resignation from the City Council of Virginia Beach, Virginia effective midnight, Wednesday, March 15, 1995. At the City Council meeting on Tuesday, March 7, 1995, I will share my departing remarks. Suffice it to say, it has been an honor and a privilege to serve you as your Council Member. Virginia Beach is a great place to live. As long as we put the needs of children first, focus on the family, and foster strong neighborhoods, Virginia Beach's future will always shine bright. In closing, I want to acknowledge my wife, Kathy, and my three children, John Robert, Thomas, and Katherine-Grace, for thetr untiring patience and sacrifice, which made my public service a possibdity. Very Respectfully, cc: Honorable Mayor and Members of City Council City Clerk" s~ John D. Moss February 14, 1995 - 37 - Item III-N. 1. ADJOURNMENT ITEM # 38841 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 4:25 P.M. Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia February 14, 1995