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Home My WebLink AboutFEBRUARY 9, 1999 MINUTESCity of Virginia t each "WORLD'S LARGEST RESORT CITY" CITY COUNCIL M4YOR MEYERA F OBERNDORF At Large VI( !- ~4AYOR PelLLIAM D S£550~45 JR At Large Li,~/fOOD 0 BRANCH III Dtstru t 6 Beat h MARGARET L I'-URI:. Dtstrt~t I Center~tlh WILLIAM W llARRISO~V JR Dtstrt~ t 5 I ynnha~en HAROLD tlEISCtlOBER At Large BARBARA M tlENLEY Dtstrt(t 7 Prtn(e$$ Anne LOUIS R JONES Dtstrwt 4 Bavstdt REBA S McCLANAN Dtstrtct 3 Rose llall NANCY K PARKIzR At Large A M (DON) WFEKS Dtstrut 2 Kempsvtlle JAMES K SPORE Ctty Manager LI'SLIE L LII LI:Y Ctty Altarney RUTtl HODGES SMITI! CMC/AAE Ctty Clerk CITY COUNCIL AGENDA OUR #/~I~01 CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BI'ACH VIRGINIA 23456 9005 PIlONF (757) 427 4~07 FAX (7~7) 426 5669 LMAIL CTYCNCL~CITY VIRGINIA BEACil VA U February 9, 1999 I. CITY MANAGER'S BRIEFINGS - Conference Room - 11:00 AM o , , RECYCLING PROGRAM STATUS Wade Kyle, Waste Management Administrator RADIO COMMUNICATION SYSTEM David Sullivan, Director, Information Technology AMPHITHEATER SOLrND STUDY FOLLOWUP Mark Wawner, Department of Economic Development II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 1:00 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION V. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. INVOCATION: Reverend R. Douglas Geeting Heritage United Methodist 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 2, 1999 G. AGENDA FOR FORMAL SESSION The Consent Agenda will be determined during the Agenda Review Session and constdered tn the ordinary course of bustness by Ctty Council to be enacted by one motion. H. ORDINANCES le Ordinance to ACCEPT and APPROPRIATE a $396,000 Grant from the Virginia Department of Transportation (VDOT) to the FY 1998-1999 Operating Budget of the Department of Public Works re purchasing and ~mplementing a portable electronic message sign program; and, estimated revenue from the Commonwealth be increased accordingly. . Ordinance to ACCEPTand APPROPRIATE a $69,312 Grant from the Virginia Department of Criminal Justice Services to the FY 1998-1999 Operating Budget of the Pohce Department for salaries and expenses re enhanced services to the Department's Domestic Violence Unit; and, estimated revenue from the state government be increased accordingly. e Ordinance to APPROPRIATE $8,115 from the fund balance in the Forfeited Asset Sharing Special Revenue Fund to the FY 1998-1999 Operating Budget of the Office of the Commonwealth's Attorney re purchase of a printer for use with the new defendant database software system. e Ordinance to authorize a temporary encroachment into a portion of the City's right-of-way on General Booth Boulevard, near Gallery Avenue by the ASSOCIATION OF COURTHOUSE RECREATION re constructing and maintaining an informational sign. I. PUBLIC HEARING- PLANNING PLANNING BY CONSENT - To be determined dunng the Agenda Review Session. lo Application of BANK OF TIDEWATER for an expansion of a non-conforming use (customer drive-through window) at 3801 Pacific Avenue, containing 12,196 square feet (BEACH- DISTRICT 6). Recommendation: WITHDRAWAL e Application of ASSISTED CARE DEVELOPERS, LLC, for a Conditional Use Permit for an independent and assisted living facility at the Southwest intersection of Holland Road and South Independence Boulevard, containing 7.787 acres (KEMPSVILLE - DISTRICT 2). Recommendation: APPROVAL , Application of YOSSI AMUIAL for a Conditional Use Permit for ,motor vehicle sales on Lots 9, I0, 11, 12, 25 & 26, the Northern 25 feet of Lots 34, 35 and 36 and the Northern 25 feet of the Eastern three feet of Lot 33, Block 36, Euclid Place (4921 Virginia Beach Boulevard), containing 17,100 square feet (KEMPSVILLE - DISTRICT 2) Recommendation: APPROVAL , Applications of PRINCESS ANNE TRAIL PARTNERS, L.L.C., at the East side of Princess Anne Road beginning at a point 120 feet more or less South of South Plaza Trail, containing 2.737 acres (KEMPSVILLE -DISTRICT 2): ae Change of Zoning District Classification from R-7.5 Residential District to Conditional B-2 Community Business District bi Conditional Use Permit for gasoline sales and a car wash in conjunction with a convenience store Recommendations: APPROVAL 5, Application of RML CORPORATION for a Change of Zoning District Classification from R-7.5 Residential District to Conditional A-12 Apartment District on the South side of South Plaza Trail beginning at a point 150 feet more or less East of Princess Anne Road, containing 10.200 acres (KEMPSVILLE - DISTRICT 2) Recommendation: APPROVAL , Application of TERRY/PETERSON RESIDENTIAL ONE, L.L.C., for a Change of Zoning District Classification from R-7.5 Residential District to A-12 Apartment District with a PD-H2 Planned Unit Development District Overlay at the Eastern extremity of Connie Lane, containing 38.24 acres (BAYSIDE - DISTRICT 4). Recommendation: APPROVAL J, APPOINTMENTS THE PLANNING COUNCIL V1RGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH CRIME TASK FORCE VIRGINIA BEACH HEALTH SERVICES BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS 1. ABSTRACT OF CIVIL CASES RESOLVED - January 1999 M. ADJOURNMENT FY 1999-2000 OPERATING BUDGET & C I P SCHEDULE DATE EVENT TIME LOCATION Tuesday, March 30 Presentation of Budget/CIP Noon Council Chambers Tuesday, April 6 Workshop 10 AM - Noon Council Conference Room Tuesday, April 13 Workshop 10 AM - Noon Council Conference Room Thursday, April 15 Public Hearing Workshop 7PM 4 PM - 6 PM Princess Anne High School Tuesday, April 20 Council Conference Room Tuesday, April 27 Workshop 3 PM - 5 PM Council Conference Room Tuesday, May 4 Workshop 10 AM - Noon Council Conference Room Tuesday, May 4 Public Hearing 2 PM Council Chambers Thursday, May 6 Reconciliation Workshop 3 PM - 5 PM Council Conference Room Tuesday, May 11 2PM Adoption of FY 1999-2000 Operating Budget & Capital Program Council Chambers 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) 02/05/99BAP AGENDA\02-09-99 www.virginia-beach.va.us o~ OUR NP,'~0~ MINUTES VIRGINIA BEACH CITY COUNCIL V~rg~n~a Beach, V~rg~n~a February 9, 1999 Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFINGS tn the Councd Conference Room, Ctty Hall Building, on February 9, 1999, at 11 O0 A M. Council Members Present. Linwood 0 Branch, III, Margaret L Eure, Wilham W Harrison, Jr, Harold Heischober, Barbara M Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K Parker and A M "Don" Weeks Council Members Absent: Vtce Mayor Wilham D Sessoms {In Richmond on Business] -2- CITY MANAGER'S BRIEFING RECYCLING PROGRAM STATUS 11:00 A.M. ITEM # 44596 Wade Kyle, Waste Management Admtmstrator, recogmzed tn attendance Debbte Devtne- Recychng Co- Ordinator, Mike and Joe Benedetto -Ttdewater Fibre, contractor for the recycling program Mr Kyle referenced BA CKGR 0 UND December 1988 Began collection of newspaper for recycling at all Virginia Beach Public Schools May 1989 Began pilot SPSA collection of curbside recyclables. October 1990 Implemented drop-off recycling program May 1991 Implemented collection of yard waste from residents for recycling June 1991 Implemented collection of passenger tires for recycling. June1991 Implemented appliance recycling at Virginia Beach Landfill July 1996 Discontinued participation in the regional curbside recycling service with the Southeastern Public Service Authority. Implemented 50 enhanced drop-off recycling centers, while staff evaluated automated curbside recycling service. August 1997 Began implementation of automated curbside recycling service for 112,994 customers. Total Tons Recycled (1990 - 1998) Total A voided Disposal Costs Total Avoided Collections Costs 408,022 tons $17,544,946 $16.320,880 Total Avoided Costs $ 33,865,826 Mr Kyle reiterated the impact of the CURRENT RECYCLING SERVICE CONTRACT' Pro/ected Actual Customers 100, 000 112, 994 Tonnage Recycled 45, 000 35,152 Cost Per House $ 1 28 $ I O1 Parttctpatton Rate N/A 76% Revenue - 0 - $ 26,261 There has been an tnchrect impact of savings related to thts program There are approxtmately 10 vacanctes tn Mr Kyle's divtston, which have not been filled because the recychng program has had an tmpact on collectton Thus, approxtmately $310,000 in labor and benefits is being saved In addition, automated vehtcles were being replaced at the rate of 8 vehicles per year on a 5-year replacement schedule. Thts has now been reduced to 6 vehicles per year on a 6- year replacement schedule With each vehtcle costtng $100,000, thts ts a stgntficant savings The actual disposal cost avoided is $1.5-MILLION, whtch would have been pard to the Southeastern Pubhc Servtce Authority. $1.4-MILLION tn costs has been avoided tn collectton of these matertals There have been some late collecttons and mtssed stops, however, these are betng addressed and Mr Kyle ts comfortable, as ts, Ttdewater Ftbre Corporatton, providing wrttten documentation Meetings are held on a regular basis February~ 1999 -3- CITY M/INA GER 'S BRIEFING RECYCLING PROGRAM S T/I TUS ITEM # 44596 (Continued) None of the recyclables are betng land-filled. There are markets for all the recyclable matertals whtch the City requests be places in the contatners Relative the new residents, one individual in Mr. Kyle's &vision delivers the garbage container (resident pays cost) and the recycling contatner (no charge) at the same ttme The total cost of the program was $4.3- MILLION and $2.9-MILLION was saved for a net cost of $1.3-MILLION, which equates to $1. O1 per house per month When the City Counctl decided to discontinue SPSA, they were scheduled to tmpose a $100per house charge on the homeowner (whtch ended up being 50 cents) Restdents were chssatisfied wtth the size of the SPSA bins Mr Kyle advtsed there ts an tndtvidual tn his department targeting the netghborhoods who are dotng very well wtth recycltng and those neighborhoods whtch need assistance with recycling February 9, 1999 -4- CITY MANAGER'S BRIEFING RADIO COMMUNICATION SYSTEM 11:18 A.M. ITEM # 4459 7 David Sulhvan, Director of Information Technology, advised the City's emergency communication system was inttially tnstalled tn the early 1980's and ts comprtsed primarily of the computer-aided dispatch system (CADS), the microwave transmission system and simulcast radio system. The stmulcast racho system ts comprised of mobile data terminal and voice radio The vast majority of calls for service are sent directly to mobile data termtnals located tn pubtc safety vehtcles Funding for replacement of the Ctty's CADS was approved by City Counctl tn June 1998 The Pohcy Report addresses only the needs associated wtth the microwave transmission system and the simulcast radio system. Users of thts system tnclude. Police, Fire, Emergency Medical Services (EMS),Public Utilities, Public Works, General Services, Parks and Recreation, Housing and Neighborhood Preservation, Libraries and the Sheriff's Department. Mr Sulltvan &splayed a graphtc deptcting the Virginia Beach Emergency communicattons flow. CURRENT PROBLEMS WITH THE SYSTEM Uneven radio coverage in some areas. Use exceeds capactty at the Oceanfront Some components no longer manufactured or supported by Motorola Mtcrowave 2GHz frequency betng reallocated by the FCC 70% of Mobtle Data Termtnals have been tdenttfied as not Y2K compltant &mulcast combines broadcast sites into one combtned coverage area' Bayville Water Tank, Plaza Trail, Kempsville Water Tank, 29'h Street Water Tank and Pleasant Ridge. GOALS OF THE PROPOSED UPGRADE Improve radio coverage by adding additional transmitter sites. Expand the Oceanfront transmitter stte Replace old and outdated infrastructure equipment Replace the Mtcrowave system with 6GHZ Replace Mobile Data Termtnals Insure Y2K comphance of the system Convert radios from analog to chgttal OPTION I - ESTIMATED COST: SS-MILLION Address only known Year 2000problems Components included Stmulcast racho system components Mobde data termtnals Components not included: Mtcrowave replacement Expanston of Oceanfront stte Baystde sectton transmtsston stte Kempsvtlle sectton transmtsston stte Converston of analog radto handsets to dtgttal OPTION 2 - ESTIMATED COST: $6.1-MILLION Address capacity issues and partially address coverage. Does not address Y2K. Components included Mtcrowave Expanston of Oceanfront transmtsston stte Stmulcast radto system components Components not included Mobtle data termtnals Baystde sectton transmtsston stte Kempsvdle sectton transmtsston stte Converston of analog racho handsets to dtgttal February 9, 1999 -5- CITY MANAGER'S BRIEFING RADIO COMMUNIC~4 TION SYSTEM ITEM # 44597 (Continued) OPTION 3 - ESTIMATED COST: $9.9-MILLION Address capacity issues, partially address coverage issues, and address Y2K. Components included Mtcrowave Expansion of Oceanfront transmtsston stte Stmulcast radto system components Mobtle data termmals Components not included Baystde sectton transmtsston stte Kempsvtlle sectton transmtsston stte Conversion of analog radto handsets to dtgttal OPTION 4 - ESTIMATED COST: $11.4-MILLION Address capacity issues, enhance partial addressing of coverage issues, and address Y2K. Components included Mtcrowave Expansion of Oceanfront transmtsston stte Stmulcast radto system components Mobtle data termtnals Baystde sectton transmtsston stte Components not included Kempsvtlle sectton transmtsston stte Converston of analog radto handsets to dtgttal OPTION 5 - ESTIMATED COST: $12.8-MILLION Fully address capacity and coverage issues and Y2K Components included Mtcrowave Expanston of Oceanfront transmtsston stte StmuIcast racho system components Mobtle data termmaIs Baystde sectton transmtsston stte Kempsvtlle sectton transmtsston stte Components not included Converston of analog radto handsets to dtgttal OPTION 6 - ESTIMATED COST: $36.2-MILLION Components included Address all goals and complete Y2K Mtcrowave Expanston of Oceanfront transmtsston stte Stmulcast radto system components Mobde data termtnals Baystde sectton transmtsston stte Kempsvtlle sectton transmtsston stte Conversion of analog of radto handsets to dtgttal Components not included Replace the extsttng Emergency Communtcattons Center February 9, 1999 -6- CITY MANAGER'S BRIEFING RADIO COMMUNICATION SYSTEM ITEM # 44597 (Continued) Mr. Sullivan advised the City Staff recommends Option 6 with a two step tmplementatton Step One: Replace microwave Replace 800 MHz simulcast radio system equipment Replace Mobile Data Terminals New radio transmisston site in Baystde Expand the capacity of the transmtssion site at the Oceanfront New radio transmtssion site tn Kempsvdle Renovation of equtpment space as requtred to accommodate the new system. Step Two: Phased conversion over several years of the analog rachos to dtgttal. RECOMMENDATIONS ON FINANCING First, use existing fund balances where possible to minimize debt requirements Second, Lease Purchase over a 5-year period Annual debt payment ts estimated at $1,220,225 Pay annual debt payment by: Using annual revenues from spectal public safety funds Billing using agencies for the annual matntenance cost of matntaimng the system Using annual revenues from the extsttng E911 tax Ustng new fundtng whtch may be available from General Assembly or State grants to make up any shortfall Constder an E911 tax tncrease RECOMMENDATION ON TIMING Use the existing Capital ProJect Fundtng- $6 25-MILLION to enter tnto a contract wtth Motorola Motorola has agreed to hold prtcing on balance of contract work until July 30, 1999 Instruct staff to include the rematningfundtng requirements for Councd's discusston of the FY 1999-00 Capital tmprovement program Dtrect staff to conclude contract negotiations with Motorola, Inc and to expedtte procurement Mr. Sulhvan advised there are only two vendors: GE Erickson and Motorola. Motorola ts clearly the domtnant vendor In Hampton Roads, only the City of Hampton utthzes the GE Ertckson technology All the other cittes utthze Motorola Which means, for some reason, tf Virginta Beach were to lose our racho system, work could be accomphshed through Norfolk's radio system Should Norfolk's racho system fad, Norfolk would uttltze thts Ctty's. Mr Sulltvan advtsed there ts a dechcated Motorola representattve asstgned to the City's account. Mr. Sulltvan expressed apprectation to the Radio Communicattons Committee charred by Captatn Irving - Police Communtcattons Division and Catheryn Whttesell - Management Servtces who have been dtltgently worktngfor a number of months on thts pohcy. BY CONSENSUS, an Or&nance amen&ng the FY 1998-99 Capttal Improvement Program Budget' Communication System Upgrade, shall be scheduled for the Ctty Counctl Sesston of February 23, 1999 February 9, 1999 -7- CITY MANAGER'S BRIEFING AMPHITHEATER SOUND STUDY FOLLOW-UP 12:08 P.M. ITEM # 44598 The Ctty Manager referenced correspondence to Ctty Council relative the sound attenuation at the GTE Virginia Beach Amphitheater. It ts the staff's recommendation that the City continue to work with the amphitheater staff to monttor sound complatnts and make adjustments during concerts to address spectfic atmospheric conditions, but do not pursue modifications to the butldtng at thts ttme. The staff will also explore the posstbthty of increasing the landscaping on the berm which was recently tnstalled adjacent to the soccer complex parking lot, to provtde ad&tional buffering of the communtty. Proposed changes to the butldtng would requtre a detatled structural analysts to determtne tf the building can accept the sound panels, or if any structural modtfication(s) would be necessary. The structural analysts wdl require 60 days and cost an estimated $10,000 to $20,000. Subsequent destgn preparatton of construction documents wtll require an addttiona160 days Bidding and constructton of the proposed modtficattons is estimated to take 120-180 days. The cost ts prehmtnartly estimated at approximately $500,000; however, structural modifications, if necessary, would increase thts esttmate Replacement costs will also have to be budgeted pertodtcally. These panels have been esttmated to have an approxtmate 8-year life. If installed, the Ctty will incur an ongoing maintenance responstbtlityfor the tnstallatton and removal of the sound curtatns each season. The curtatns would need to be removed in the threat of a hurrtcane ,,t storage area of approximately 10, 000 square feet would be required to store the acousttcal curtatn panels when not tn use. After the 1999 concert season, the staff advtsed they will report back to City Councd on sound complaints received, at which potnt we can reconstder modtfications to the buil&ng if signtficant sound complatnts perstst The Ctty Manager advtsed the equtpment tnstalled by GTE is much more sophisttcated than contemplated previously Council Members expressed concern and advtsed if the solution is to be the reductton of the sound level how ts it to be momtored and enforced The City Manager advtsed Cellar Door has been cooperattve. They have had problems wtth some of the arttsts who will not cooperate wtth them. The exceptton last year was the Metalhc Concert, which was "off the sound chart". They were clearly operattng at a level whtch no one would approve Mark Wawner, Department of Economic Development, advised 60 decibels ts a national standard for sound tn communittes. Mr. Wawner advised 4,000 flyers have been &stributed and there has been ongotng dialogue with the presidents of the ctvic leagues tn the surroundtng neighborhoods Information has been disstmilated to the Civic Leagues. There is a phone number for cittzens ' sound complatnts This phone ts only acttvated during the season. Thts is an answertng servtce whtch receives the ctttzen's name and address and then pages the individual who ts monttortng the sound complaints who wtll then take a sound reachng at this particular place. Mr Wawner wtll provtde Council Lady Henley with the new phone number when issued. Council suggested amenchng the Or&nance limiting the sound decibels There should be an independent monitor of the sound before funds in the amount of $500, 000 are expended Relative the concept of adoptmg an Ordtnance specifying a 55 decibel level, the Ctty Attorney advised this ts a very complex issue when the Ctty has entered into a public/prtvate partnership and specified certatn dectbel level of 60. The Ctty Attorney stated the norse ordinance only says "unreasonable noise" and does not reflect a dectbel level. Mr. Wawner advtsed the Ctty did have an tndependent sound expert monitor three shows' at the end of the season They were Janet Jackson, Arrowsmtth and Jethro Tull The sound monitoring systems were set up at one end of the park at the Soccer Complex and one at Landstown Meadows Park At no ttme at any of those three concerts, did the amphitheater exceed the sound ordtnance. The Ctty wtll speak with Cellar Door relative the reduction of sound and there will be an tndependent monitoring of the sound February 9, 1999 -8- AGENDA RE VIE W SESSION 12:53 P.M. ITEM # 44599 Ordinance to ACCEPT and APPROPRIATE a $396,000 Grant from the Virgmta Department of Transportatton (VDOT) to the FY 1998-1999 Operating Budget of the Department of Pubhc Works re purchastng and tmplementmg a portable electronic message sign program, and, esttmated revenue from the Commonwealth be increased accordingly Counctl Members McClanan and Parker wtll vote a VERBAL NA Yon this ttem. The City Manager advtsed as a part of the overall traffic calming program, thts would be a very good addttton and these signs wtll advtse of speed and radar capabilities. ITEM # 44600 H4 Ordtnance to authortze a temporary encroachment into a portton of the Ctty's right-of-way on General Booth Boulevard, near Gallery Avenue by the ASSOCIATION OF COURTHOUSE RECREATION re constructing and matntatntng an tnformattonal stgn This ttem wtll be discussed durtng the Formal Session, as there are speakers The Staff's recommendation ts to DENE Clarence Warnstaff, Acttng Director of Public Works and Director of Public Uttlities, referenced concerns expressed by City Counctl relattve the total number of stgns within the pubhc right-of-way - ~ not only signs from tnchvtduals or compames, but signs tnstalled by the City Mr Warnstaffhas requested the Pubhc Works staff to revtew thetr own internal policy for signage in the public right-of-way. The City has an obhgatton to ensure adequate stgns to protect pubhc health and safety To the extent that "City" stgns not needed for public health and safety, they would be removed Councd Lady Eure referenced questtons she had faxed to Mr Warnstaff relative maintenance and cost Mr Warnstaff advised the annual cost tncrease tn operations and maintenance would be insignificant Existtng Ctty staff wtll be utthzed for theplacement of the stgns, as well as extsttng Ctty trucks to carry those signs from one locatton to another. There wtll be existtng facilittes for the storage of the stgns. The hghts on the stgn are esttmated to have a lO-year hfe span. The battertes should last approximately 2 to 4 years and maybe longer. The prtmary use for these signs will be traffic control and tn thts context can be uttlized for spectal events tn the Resort Area, as well as for dtrecttons in emergency sttuattons The number one prtortty of these signs will be public health and safety ITEM # 44601 BY CONSENSUS, the followtng ~tems shall compose the CONSENT AGENDA' ORDINANCES HI Ordtnance to ACCEPT and APPROPRIATE a $396,000 Grant from the Virgima Department of Transportation (VDOT) to the FY 1998-1999 Operatmg Budget of the Department of Pubhc Works re purchastng and tmplementtng aportable electronic message sign program, and, esttmated revenue from the Commonwealth be tncreased accordingly. Ordinance to ACCEPT and APPROPRIATE a $69,312 Grant from the Virginia Department of Criminal Justtce Services to the FY 1998-1999 Operattng Budget of the Pohce Department for salartes and expenses re enhanced servtces ?o the Department's Domestic Violence Unit, and, estimated revenue from the state government be tncreased accordtngly February 9, 1999 -9- AGENDA RE VIEW SESSION ITEM # 44601 (Conttnued) H3 Or&nance to APPROPRIATE $8,115 from the fund balance tn the Forfetted Asset Sharing Spectal Revenue Fund to the FY 1998-1999 Operating Budget of the Office of the Commonwealth's Attorney re purchase of a printer for use wtth the new defendant database software system Councd Members Parker and McClanan will vote a VERBAL NAY on Item H 1 February 9, 1999 -lO- AGENDA RE VIE W SESSION ITEM # 44602 1.1 Apphcatton of BANK OF TIDEWATER for an expansion of a non- conforming use (customer drtve-through wtndow) at 3801 Pactfic Avenue, contatntng ]2,196 square feet (BEACH- DISTRICT 6) Counctlman Branch advtsed the apphcant wtshes to WITHDRAWN this ttem ITEM # 44603 12 Apphcatton of ASSISTED CARE DEVELOPERS, LLC, fora Conchtional Use Permtt_for an independent and asststed hvmgfacthty at the Southwest tntersectton of Holland Road and South Independence Boulevard, contatning 7. 787 acres (KEMPSI/'ILLE - DISTRICT 2) Counctl Lady Henley requested a presentation concermng thts item. ITEM # 44604 15 Applicatton of RML CORPORA TION for a Change of Zontng Dtstrtct Classification from R-75 Residenttal Dtstrict to Condtttonal A-12 Apartment Dtstrtct on the South stde of South Plaza Trail begtnntng at a potnt 150feet more or less East of Princess Anne Road, contatntng 10 200 acres (KEMPSVILLE - DISTRICT2) Counctl Lady McClanan wtshes to vote a VERBAL NAY on this high denstty applicatton ITEM # 44605 16 Apphcatton of TERR Y/PETERSON RESIDENTIAL ONE, L.L. C., for a Change ofZontng Distrtct Classtficatton from R-7 5 Restdenttal Dtstrtct to A-12 Apartment District with a PD-H2 Planned Umt Development District Overlap at the Eastern extremtty of Connte Lane, contatntng 38 24 acres (BA YSIDE - DISTRICT 4) Item 6 wtll be discussed durtng the FORMAL SESSION ITEM # 44606 B Y CONSENSUS, the following items shall compose the PLANNING B Y CONSENT AGENDA. 1.1. Apphcatton of BANK OF TIDEWATER for an expansion of a non- conforming use (customer drtve-through window) at 3801 Pacific Avenue, containing 12,196 square feet (BEA CH - DISTRICT 6) 13. Apphcatton of YOSSI AMUIAL for a Condtttonal Use Permtt for motor vehtcle sales on Lots 9, 1 O, 11, 12, 25 & 26, the Northern 25 feet of Lots 34, 35 and 36 and the Northern 25 feet of the Eastern three feet of Lot 33, Block 36, Euchd Place (4921 Vtrgtnta Beach Boulevard), contamtng 17,100 square feet (KEMPSVILLE - DISTRICT 2) February 9, 1999 -ll- AGENDA RE VIE W SESSION ITEM # 44606 (Continued) 15 Applicattons of PRINCESS ANNE TRAIL PARTNERS, LL. ¢., at the East side of Princess Anne Road begtnmng at a point 120feet more or less South of South Plaza Tratl, contatntng 2.737 acres (KEMPSVILLE -DISTRICT 2): a. Change of Zomng Dtstrict Classification from R-Z5 Restdenttal Dtstrtct to Condtttonal B-2 Community Bustness Dtstrtct bo Conditional Use Permtt for gasohne sales and a car wash tn conjunctton with a convemence store Application of RML CORPORATION for a Change qfZontng Dtstrtct Classtficatton from R- 7. 5 Residenttal Distrtct to Condtttonal A-12 Apartment Dtstrict on the South stde of South Plaza Tratl begtnntng at a point 150 feet more or less East of Princess Anne Road, containing 10.200 acres (KEMPSVILLE - DISTRICT 2) Item I. 1 will be WITHDRAWN, BY CONSENT. Counctl Lady McClanan will vote a VERBAL NAY on Item 1.5 February 9, 1999 -12- CITY COUNCIL COMMENTS 1:15 P.M.. ITEM # 4460 7 Council Lady Henley and Council Lady McClanan attended the Pubhc Meeting relative the Princess Anne Corridor Study on Thursday, February 4, 1999 There were approximately 300 people in attendance As there were so many in attendance, the format was not effective. Citizens complained because they could not hear the speakers. Microphones were not provided The corridor for this Public Meeting was defined as located from Dam Neck Road to the Municipal Center Therefore, it was approximately 'half of what Council Lady Henley terms the Princess Anne Corridor., Council Lady Henley inquired relative the scope and purpose of this study whether it is a preliminary design discussion or whether tt is the road project that is going to be apart of Ferrell Parkway. Council Lady Henley was under the impression the Princess Anne Corridor, in the Comprehensive Plan, entailed aH of the five-mile stretch. It ts hard to divide One of the gentlemen in attendance told his group of approximately 70 to 100 citizens that the City had devalued his property by downzoning it approximately two years ago. He stated the City did this in order to buy the property for the road expansion at a lower cost. There were many in attendance who believed the City is attempting to steal theirproperty This misconception must be corrected. The main discussion involved the roads planned in this area. There is an enormous number of planned road lane miles in that 2 ~-mile section between the Municipal Center and Dam Neck Road Citizens were very displeased Council Henley did not believe there was going to be enough development between the Municipal Center and Dam Neck Road to justify all of the lane miles on the Master Street and Highway Plan. Citizens expressed concern relative the map in the newspaper which depicted London Bridge Road extended Their concern was this whole section was being devoured with planned roads. Council Lady Henley inquired tf an update of the Harland Bartholomew Study is needed. Council Lady Henley wondered if the Master Street and ttighway Plan is reflective of the current Comprehensive plan Citizens become very upset when viewing planned roads m locations where they have just purchased new houses. Council Lady Henley requested a presentation to City Council relative the Princess Anne Corridor Study There were citizens in attendance from North Landing Road, Princess Anne Road, Holland Road, etc Council Lady McClanan advised Holland Road seemed to be their main priority Citizens did not want Farmers Market or Princess Anne Park moved Citizens wish the quahty of the municipal center to be maintained. This area is being developed as residential; however, highways are being installed as if the City plans to over-commercialize the area The City Manager advised correspondence will be forwarded to those in attendance clarifying issues t. e the downzontng of the citizens' property was a misstatement. The Master Street and Highway Plan being consistent with the Comprehensive Plan is a good subject for a Briefing. Approximatelyfive years ago, the City downstzed many roads and reduced the cost of the road system by approximately $100-MILLION. A Briefing on the Corridor will be scheduled for City Councd. The staff ts doing some very excttmg things tn terms of implementing the Comprehensive Plan, The Councd Members who support the Southeastern Expressway need to be in attendance at these Public Meetings February 9, 1999 - 13- ITEM # 44608 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEA CH CITY COUNCIL in the City Council Conference Room, Ctty Hall Buildmg, on Tuesday, February 9, 1999, at 1.10 PM Councd Members Present Linwood 0 Branch, III, Margaret L. Eure, Wdham W. Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker and A M "Don" Weeks Councd Members Absent Vtce Mayor Wdham D Sessoms, Jr February 9, 1999 - 14- ITEM # 44609 Mayor Meyera E Oberndorf, entertatned a motton to permtt Ctty Councd to conduct tts EXECUTIVE SESSION, pursuant to Section 2 1-344, Code of Virgtnta, as amended, for the followmg purpose PERSONNEL MA TTERS Dtscusston or constderatton of or tntervtews of prospecttve can&dates for employment, asstgnment, appotntment, promotton, performance, demotton, salartes, &sctphning, or restgnatton of specific public officers, appointees, or employees pursuant to Sectton 2 1-344 (A) (1) To Wtt Boards and Commtsstons The Planntng Councd Vtrginta Beach Communtty Development Vtrgtnta Beach Crtme Task Force Virgtnta Beach Health Servtces Board Upon motion by Councd Lady Parker, seconded by Councdman Heischober, City Councd voted to proceed tnto EXECUTIVE SESSION. Vottng: 10-0 Counctl Members Vottng Aye' Ltnwood 0 Branch, III, Margaret L. Eure, Wdham W. Harrison, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker and A M "Don" Weeks Councd Members Voting Nay. None Councd Members Absent: Vice Mayor Wdham D Sessoms, Jr February g 1999 - 15- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL February 9, 1999 2:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Counctl Chamber, City Hall Bmldmg, on Tuesday, February 9, 1999, at 2 O0 P M Councd Members Present Ltnwood O. Branch, III, Margaret L Eure, Wdham W' Harrtson, Jr, Harold Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker and A M "Don" Weeks Councd Members Absent. Vtce Mayor William D Sessoms, Jr [IN RICHMOND ON BUSINESS] INVOCATION The Reverend R Douglas Geettng Heritage Untted Methochst Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA February 9, 1999 Rem ~ -16- CER TIFICA TION OF EXECUTIVE SESSION ITEM # 44610 Upon motion by Counctlman Jones, seconded by Counctl Lady Parker, Ctty Counctl CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc business matters lawfully exempted from Open Meetmg requirements by Vtrgtnta law were chscussed in Executtve Session to whtch thts certtfication resolutton apphes, AND, Only such pubhc business matters as were tdentified tn the motton conventng the Executtve Session were heard, chscussed or constdered by Virgtnta Beach City Council Voting: 10-0 Council Members Voting Aye' Ltnwood 0 Branch, III, Margaret L Eure, Wdliam W Harrison, Jr, Harold Hetschober, Barbara M. Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A M "Don" Weeks Counctl Members Vottng Nay. None Counctl Members Absent Vtce Mayor Wtlham D Sessoms, Jr February 9, 1999 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 # 44609, Page 14, 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 pubhc 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. -&~fith Hodges~Smith, CMC/AAE City Clerk February 9, 1999 Item V-F 1. -17- MINUTES ITEM # 44611 Upon motion by Counctlman Heischober, seconded by Counctl Lady Eure, City Counctl APPROVED the Mtnutes of the INFORMAL AND FORMAL SESSIONS of February 2, 1999. Vottng' 10-0 Counctl Members Voting Aye Ltnwood O. Branch, III, Margaret L Eure, Wtlliam W Harrison, Jr, Harold Heischober, Jr., Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker and A M "Don" Weeks Counctl Members Vottng Nay None Counctl Members Absent. Vice Mayor William D Sessoms, February~ 1999 ~em ~G -18- ADOPT AGENDA FOR FORMAL SESSION ITEM # 44612 BY CONSENSUS, City Counctl ADOPTED: AGENDA FOR THE FORMAL SESSION February 9, 1999 Item V-H. -19- ORDINANCES ITEM ii 44613 Upon motion by Councilman Jones, seconded by Counctlman Harrtson, Ctty Councd APPR O VED IN ONE MOTION, 1, 2 and 3 of the CONSENTAGENDA. Voting. 10-0 Counctl Members Vottng Aye' Linwood 0 Branch, III, Margaret L. Eure, Wtlltam W Harrison, Jr, Harold Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker and A M "Don" Weeks Counctl Members Voting Nay' None Council Members Absent Vtce Mayor Wilham D Sessoms, Jr Councd Members McClanan and Parker voted a VERBAL NAY on Item 1 February 9, 1999 Item V-H. 1. - 20 - ORDINANCES ITEM ii 44614 Upon motton by Councdman Jones, seconded by Councdman Harrison, Ctty Councd ADOPTED: Ordinance to ACCEPT and APPROPRIA TEa $396,000 Grant from the Virgima Department of Transportatton (VDOT) to the FY 1998-1999 Operattng Budget of the Department of Pubhc Works re purchasmg and implementing a portable electronic message sign program, and, estimated revenue from the Commonwealth be increased accordingly Voting 8-2 (By Consent) Councd Members Voting Aye. Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr. Harold Hetschober, Barbara M Henley, Louts R. Jones, Mayor Meyera E. Oberndorf and A. M "Don" Weeks Councd Members Voting Nay' Reba S McClanan and Nancy K Parker Counctl Members Absent Vice Mayor Wilham D. Sessoms, Jr. February 9, 1999 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT IN THE AMOUNT OF $396,000 FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO THE FY 1998-99 OPERATING BUDGET OF THE DEPARTMENT OF PUBLIC WORKS TO PURCHASE AND IMPLEMENT A PORTABLE ELECTRONIC MESSAGE SIGN PROGRAM WHEREAS, motorists in the City of Virginia Beach 10 currently receive traffic information primarily from radio 11 messages, which are not always current; 12 WHEREAS, the acquisition and implementation of a portable 13 electronic message sign system that employs computers and 14 specialized software will provide more accurate and up-to-the- 15 minute traffic information to motorists, thereby improving traffic 16 flow in the City; and 17 WHEREAS, the Virginia Department of Transportation (VDOT) 18 has adopted a six-year traffic improvement program that includes 19 funding, through the Congestion Mitigation for Air Quality program, 20 which will provide for the purchase and use of portable electronic 21 message signs and other related equipment and services by the City. 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 1. That a grant in the amount of $396,000 is hereby 25 accepted from the Virginia Department of Transportation and 26 appropriated to the FY 1998-99 Operating Budget of the Department 27 of Public Works for the purpose of acquiring portable electronic 28 message signs and various related equipment to implement a traffic 29 information system that will improve traffic flow within the City. 3O 2. That estimated revenue from the Commonwealth is 31 hereby increased in the amount of $396,000. 32 33 Requires an affirmative vote by a majority of the members of City Council. 34 35 Adopted ~y the Council of the City of Virginia Beach, Virginia, on the day of February , 1999. 36 37 38 39 4O 41 CA-7254 DATA\ORDIN\NONCODE\SIGNS.ORD FEBRUARY 3, 1999 R3 42 43 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Item V-H.2. - 21 - ORDINANCES ITEM # 44615 Upon motion by Councdman Jones, seconded by Counctlman Harrtson, Ctty Counctl ADOPTED Ordinance to ACCEPT and APPROPRIATE a $69,312 Grant from the Vtrginta Department of Crtmtnal Justtce Servtces to the FY 1998-1999 Operattng Budget of the Pohce Department for salartes and expenses re enhanced servtces to the Department's Domestic Violence Unit, and, estimated revenue from the state government be tncreased accordingly Vottng 10-0 (By ConsenO Counctl Members Vottng Aye' Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker and A M "Don" Weeks Council Members Voting Nay None Counctl Members Absent. Vice Mayor Wilham D Sessoms, Jr February~ 1999 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT IN THE AMOUNT OF $69,312 FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES TO THE FY 1998-99 OPERATING BUDGET OF THE POLICE DEPARTMENT FOR SALARIES AND EXPENSES NECESSARY TO PROVIDE ENHANCED SERVICES TO THE DEPARTMENT'S DOMESTIC VIOLENCE UNIT 10 WHEREAS, the Virginia Beach Police Department has been 11 awarded $69,312 from the Commonwealth of Virginia, Department of 12 Criminal Justice Services, to provide enhanced services to the 13 Department's domestic violence unit; 14 WHEREAS, the purposes of the grant include educating 15 business employees about the issue of domestic v~olence, promoting 16 understanding of the law pertaining to domestic abuse, enhancing 17 the identification and prosecution of repeat domestic violence 18 offenders, assisting in the investigation of domestic violence 19 complaints, and providing training to the Police Department on 20 domestic violence mssues; 21 WHEREAS, the grant funds will enable the Police 22 Department to fund, for a period of twelve months, the entire 23 salary of one police officer, and a portion of the salary of 24 another police officer, in addition to the costs of related 25 supplies and office equipment; and 26 WHEREAS, the grant requires an mn-kind match of City 27 funds, which can be met with currently appropriated funds. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 3O 1. That a grant in the amount of $69,312 ~s hereby 31 accepted from the Commonwealth of V~rginia's Department of Criminal 32 Justice Services and appropriated to the FY 1998-99 Operatmng 33 Budget of the Police Department for the purpose of providing 34 enhanced services to the Department's domestic violence unit. 35 2. That estimated revenue from the state government is 36 hereby increased in the amount of $69,312. 37 Requires an affirmative vote by a majority of the members 38 of City Council. 39 4O Adopted by the Council of the City of Virginia Beach, Virginia, on the 9 day of February , 1999. Approved as -fo Content /~ppr~v&d a~s~ t~J Lega~v Sufficiency L/ CA-7251 DATA~ORDIN~NONCODE[ POLI CE. ORD JANUARY 27, 1999 R-2 Item V-H. 3. - 22 - ORDINANCES ITEM ii 44616 Upon motion by Counctlman Jones, seconded by Counctlman Harrtson, Ctty Counctl ADOPTED Ordinance to APPROPRIATE $8,115 from the fund balance tn the Forfetted Asset Sharing Spectal Revenue Fund to the FY 1998-1999 Operating Budget of the Office of the Commonwealth's Attorney re purchase of a prtnter for use wtth the new defendant database software system Vottng 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker and A M "Don" Weeks Counctl Members Vottng Nay None Counctl Members Absent Vtce Mayor Wdham D Sessoms, Jr February 9, 1999 AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF $8,115 FROM FUND BALANCE IN THE FORFEITED ASSET SHARING SPECIAL REVENUE FUND TO THE FY 1998-99 OPEP~ATING BUDGET OF THE OFFICE OF THE COMMONWEALTH'S ATTORNEY TO PURCHASE A PRINTER FOR USE WITH A NEW DEFENDANT DATABASE SOFTWARE SYSTEM 10 WHEREAS, the Office of the Commonwealth's Attorney shares 11 drug forfeiture money with local and federal law enforcement 12 agencies; 13 WHEREAS, drug forfeiture funds, once appropriated, may be 14 used for equipment to enhance the law enforcement capabllzty of the 15 Office of the Commonwealth's Attorney; 16 WHEREAS, a new printer is required to enhance the 17 operation of the newly developed Virginia Commonwealth Attorney 18 Information System defendant database software system; and 19 WHEREAS, sufficient funds for this purchase are available 20 to be appropriated from the fund balance of the Forfeited Asset 21 Sharing Special Revenue Fund; 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 24 That funds in the amount of $8,115 are hereby 25 appropriated from fund balance in the Forfeited Asset Sharing 26 Special Revenue Fund to the FY 1998-99 Operating Budget of the 27 Office of the Commonwealth's Attorney for the purpose of purchasing 28 a printer for use with the new defendant database software system. 29 Requires an affirmative vote by a majority of the members 30 of City Council. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9 day of Feb,-uary , 1999. 33 34 35 36 CA-7252 DATA\ORDIN\NONCODEkCOMMATTY.ORD JANUARY 27, 1999 R-2 prov~ed as ~e~I~egaf%/' Sufficiency Item V-H. 4. - 23 - ORDINANCES ITEM # 44617 Jtm Tomko, 1721 Maryus Court, Phone 721-4330, Board of Dtrectors - Courthouse Recreation Assoctatton Upon motion by Councilman Hetschober, seconded by Councdman Branch, City Counctl DEFERRED IND E FINI TEL Y. Ordtnance to authortze a temporary encroachment tnto a portion of the Ctty's right-of-way on General Booth Boulevard, near Gallery Avenue by the ASSOCIATION OF COURTHOUSE RECREATION re constructtng and maintaintng an ~nformattonal stgn. (Thts shall be forwarded to the Planning Commtsston for study/recommendation re this type of acttvtty throughout the City.) Mr. Tomko shall be nottfied when thts tssue wtll be brought to the Planning Commisston and then to City Counctl. Votmg' 10-0 (By Consent) Counctl Members Vottng Aye. Ltnwood 0 Branch, III, Margaret L Eure, Wtlltam W Harrison, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker and A M "Don" Weeks Council Members Vottng Nay None Counctl Members Absent Vice Mayor William D Sessoms, Jr February 9, 1999 Item V-I - 24 - PUBLIC HEARING ITEM # 44618 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on PLANNING 1 BANK OF TIDEWATER NON-CONFORMING USE 2. ASSISTED CARE DEVELOPERS, LLC. CONDITIONAL USE PERMIT 3. YOSSIAMUIAL CONDITIONAL USE PERMIT 4. PRINCESS ANNE TRAIL PARTNERS, L.L. C. CHANGE OF ZONING AND CONDITIONAL USE PERMIT 5. RML CORPORA TION CONDITIONAL CHANGE OF ZONING 6. TERR Y/PE TERS ON RESIDENTIAL ONE, L.L. C. CHANGE OF ZONING February 9, 1999 Item V-I PUBLIC HEARING - 25 - ITEM # 44619 PLANNING Upon motton by Counctlman Jones, seconded by Councdman Branch, City Councd APPROVED tn one motton Items 1 (WITHDRAWN), 3, 4 (DEFERRED) and 5 (DEFERRED) of the PLANNING B Y CONSENT Item 1 was WITHDRAWN, BY CONSENT Items 4 and 5 were DEFERRED, BY CONSENT, until the Ctty Council Sesston of February 23, 1999 Voting. 10-0 Counctl Members Voting Aye Ltnwood O. Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Harold Heischober, Barbara M Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker and A M "Don" Weeks Counctl Members Voting Nay. None Council Members Absent Vice Mayor Wdham D Sessoms, Jr. February 9, 1999 Item V-I 1. - 26- PUBLIC HEARING ITEM # 44620 PLANNING Upon motton by Councdman Jones, seconded by Councdman Branch, Ctty Counctl ALLOWED WITHDRAWAL: Apphcatton of BANK OF TIDEWATER for an expansion of a non- conforming use (customer drtve-through wtndow) at 3801 Pactfic Avenue, contatntng 12,196 square feet (BEACH- DISTRICT 6). Vottng' 10-0 (By Consent) Councd Members Voting Aye' Ltnwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker and A M "Don" Weeks Council Members Vottng Nay None Counctl Members Absent Vtce Mayor William D Sessoms, Jr February 9, 1999 Item V- 12 PUBLIC HEARING PLANNING -27- ITEM # 44621 Ken Makant, Assoctated Care Developers, Norcross, Georgia (770) 935-5841, (represented the apphcatton for Elder HealthCare on thts stte (Approved by Ctty Counctl on August 25, 1998). The contract havtng been wtthdrawn , a 90-bed assisted living factlity and tndependent hvtng factlity wtth 40 untts and two trtplex tndependent ltvtng cottages wtth 6 units ts proposed. Upon motton by Counctlman Weeks, seconded by Councd Lady Eure, Ctty Council DEFERRED INDEFINITELY the Ordmance upon apphcatton of ASSISTED CARE DEVELOPERS, LLC, for a Condtttonal Use Permtt' ORDINANCE UPON APPLICATION OF ASSISTED CARE DEVELOPERS, LLC FOR A CONDITIONAL USE PERMIT FOR AN INDEPENDENT AND ASSISTED LIVING FA CILITY Ordinance upon applicatton of Assisted Care Developers, LLC, for a Condittonal Use Permtt for an tndependent and assisted living facdtty at the Southwest tntersectton of Holland Road and South Independence Boulevard. Said parcel contatns 7 787 acres (KEMPSVILLE - DISTRICT 2). (The Ctty shall extend land contract for 90 days' Aprd 6, 1999) Voting: Counctl Members Voting Aye Linwood O. Branch, III, Margaret L. Eure, Wdham W Harrtson, Jr, Harold Heischober, Barbara M. Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and A M. "Don" Weeks Counctl Members Voting Nay' Nancy K. Parker Councd Members Absent' Vice Mayor Wilham D. Sessoms, Jr February 9, 1999 Item V-I. 3 PUBLIC HEARING PLANNING - 28 - ITEM # 44622 Upon motton by Councdman Jones, seconded by Councdman Branch, Cay Councd ADOPTED an Ordtnance upon application of YOSSIAMUIALfor a Conchttonal Use Permtt ORDINANCE UPON APPLICATION OF YOSSI AMUIAL FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES R02992250 BE IT HEREB Y ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon applicatton of Yosst Amutal for a Condittonal Use Permtt for motor vehtcle sales on Lots 9, 1 O, 11, 12, 25 & 26, the Northern 25feet of Lots 34, 35 and 36 and the Northern 25feet of the Eastern three feet of Lot 33, Block 36, Euchd Place Satd parcel ts located at 4921 Vtrgtnta Beach Boulevard and contatns 17,100 square feet KEMPSVILLE - DISTRICT2 The following con&ttons shah be requtred The apphcant shall submtt a detatled stte plan to the Development Servtces Center for detatled stte plan revtew The stte plan shah meet all Ctty Development Ordtnances. . No cars shall be located wtthtn the pubhc rtght-of-way nor shah the apphcant request such an encroachment whtch would allow for cars to be chsplayed from the rtght-of-way 3 A stormwater managementfacihty and matntenance agreement shah be required at the ttme of detatled stte plan review The site shall be developed as shown on the "Preliminary Plan for Crown Auto Brokers, "dated November 12, 1998 and whtch was prepared by Miller Stephenson and Assoctates The demohtton of the extsttng buddtng shall not occur unttl such ttme that the apphcant has obtatned approval for a "Stormwater Management Plan" (E&S Plan) and any necessary demohtton permtts. The building shall be built in accordance wtth the elevattons and color photographs provtded with the conchtional use permtt applicatton and on file wtth the Vtrgtnta Beach Planntng Department The apphcant ts also required to submit a matertals hst and color list for approval by the Planntng Dtrector prtor to approval of the formal stte plan 7 The developer shall remove the westernmost entrancefronttng thts property on Vtrgtma Beach Boulevard. Thts Ordtnance shah be effecttve tn accordance with Sectton 107 09 of the Zomng Or&nance Adopted by the Council of the City of Vtrgtnia Beach, Virgtma, on the Ninth of Februa~_ , Nineteen Hundred and Ntne_ty-Ntne February 9, 1999 Item V-I 3. PUBLIC HEARING - 29 - ITEM # 44622 (Continued) PLANNING Votmg: 10-0 (By Consen0 Councd Members Vottng Aye Linwood 0 Branch, III, Margaret L. Eure, Wdham W Harrison, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K Parker and A M "Don" Weeks Council Members Vottng Nay None Councd Members Absent Vtce Mayor Wtlham D Sessoms, Jr February 9, 1999 Item V-I 4 - 30- PUBLIC HEARING ITEM # 44623 PLANNING Attorney Edward Bourdon requested a 2-week DEFERRAL re relocating entrance to the residenttal area, currently located on South Plaza Trail, to a combined entrance which wtll eliminate the entrance on South Plaza Tratl Upon motton by Councdman Jones, seconded by Counctlman Branch, City Counctl DEFERRED TO THE 23 FEBRUARY 1999, CITY COUNCIL SESSION Ordtnances upon Apphcatton of PRINCESS ANNE TRAIL PARTNERS, L.L.C. for a Conchttonal Change of Zoning and Conchtional Use Permtt ORDINANCE UPON APPLICATION OF PRINCESS ANNE TRAIL PARTNERS, L.L.C. FOR A CHANGE OF ZONING FROM R-7 5 TO CONDITIONAL B-2 Ordinance upon apphcatton of Pnncess Anne Trail Partners, L L C, for a Change ofZomng Dtstrtct Classtficationfrom R- 7 5 Restdenttal Dtstnct to Con&ttonal B-2 Commumty Business Dtstrtct on certain property located on the east side of Princess Anne Road begtnmng at a point 120 feet more or less south of South Plaza Tratl The proposed zoning classtficatton change to Con&tional B-2 ts for commerctal land use The Comprehenstve Plan recommends use of thtsparcel forplanned commumty with a vartety of related uses in accordance wtth other plan pohctes Satd parcel contatns 2 73 7 acres. KEMPSVILLE - DISTRICT 2 ORDINANCE UPON APPLICATION OF PRINCESS ANNE TRAIL PARTNERS, L L.C. FOR A CONDITIONAL USE PERMIT Ordinance upon application of Princess Anne Trad Partners, L L C for a Conditional Use Permit for gasohne sales and a car wash in conjunction wtth a convemence store on certain property located on the east side of Prtncess Anne Road begtnntng at a potnt 120feet more or less south of South Plaza Tratl. Said parcel contatns 2. 737 acres. KEMPSVILLE - DISTRICT2 Vottng: 10-0 (By Consent) Counctl Members Voting Aye Linwood O. Branch, III, Margaret L Eure, Wdliam W. Harrison, Jr, Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker and A M "Don" Weeks Councd Members Vottng Nay None Council Members Absent Vice Mayor Wdham D. Sessoms, Jr. February 9, 1999 Item V-I 5. - 31 - PUBLIC HEARING ITEM # 44624 PLANNING Attorney Edward Bourdon requested a 2-week DEFERRAL re relocattng entrance to the restdenttal area, currently located on South Plaza Tratl, to a combtned entrance whtch wtll ehmtnate the entrance on South Plaza Tratl. Upon motton by Councdman Jones, seconded by Councdman Branch, Ctty Councd DEFERRED TO THE 23 FEBR U4R Y1999, CITY COUNCIL SESSION Or&nances upon Apphcatton of RML for a Conchttonal Change of Zontng ORDINANCE UPON APPLICATION OF RML CORPORA TION FOR A CHANGE OF ZONING FROM R- 7 5 TO CONDITIONAL A-12 Ordinance upon application of RML Corporatton for a Change of Zomng Distrtct Classtfication from R- 7 5 Restdential Dtstrtct to Conchttonal A-12 Apartment District on certain property located on the south stde of South Plaza Tratl begtnning at apotnt 150feet more or less east of Princess Anne Road The proposed zontng class{fication change to Conchttonal A-12 ts for multt-famtly land use at a denstty no greater than 12 dwelhng units per acre The Comprehensive Plan recommends use of thts parcel for planned communtty with a variety of related uses in accordance wtth other Plan pohctes Satd parcel contatns 10 200 acres. KEMPSVILLE - DISTRICT2 Voting. 10-0 (By Consent) Councd Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba $ McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Counctl Members Voting Nay: None Counctl Members Absent Vtce Mayor William D Sessoms, Jr February 9, 1999 Item V-I 6 PUBLIC HEARING PLANNING - 32 - ITEM ii 44625 Attorney R. J Nutter, 4425 Corporation Lane, represented the applicant The following registered in OPPOSITION. Claude Vadasz, 600 Btrchridge Court, Petttions were chstrtbuted and are hereby made apart of the record Ltnda S. Brtan, 5441 Sweetwater Court, Phone. 497-4721 Upon motion by Councilman Jones, seconded by Councdman Weeks, City Councd ADOPTED an Or&nance upon appphcatton of Terry/Peterson Restdential One, L.L. C ,for a Change of Zomng District Class~catton (only single-family, detached homes). ORDINANCE UPON APPLICATION OF TERR Y/PE TERSON RESIDENTIAL ONE, L L. C FOR A CHANGE OF ZONING FROM R- 7 5 to A-12 WITH A PD-H2 PLANNED UNIT DEVELOPMENT Z09991125 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon application of Terry/Peterson Residential One, L L C., for a Change of Zoning Distrtct Classificattonfrom R- 7. 5 Residenttal Distrwt to A-12 Apartment Dtstrtct with a PD-H2 Planned Umt Development Distrtct Overlay on certatn property located at the eastern extremtty of Conme Lane. The proposed zomng classtficatton change to A-12 with a PD-H2 Overlay ts for multi-famdy restdenttal land use at a density no greater than 12 dwelhng units per acre The Comprehensive Plan recommends use of this parcel for suburban residenttal/low denstty residential at denstties compatible with single famdy use in accordance with other plan pohcies. Said parcel contams 38 24 acres BA YSIDE - DISTRICT 4 The following AMENDED conditions shah be required The siteplan, umt elevations, setbacks and hetght restrtcttons for thts PD- H2 shah adhere to the apphcant's submittal entitled "Wttchduck Lake, Stngle-Family Condomtmum, Baker Road, Virgtma Beach, Vtrginta," developed by Porterfield Destgn Center for Terry/Peterson Restdenttal Compames, December 24, 1998 This plan ts on file wtth the Planning Department and tncludes the following' Estate Homes- A. Front yard setback shah be 15feet from face of curb B. Side yard setback shah be lO feet between units except where a side yard abuts a street. In those instances, a lO-foot setback will be maintained from the face of curb. Rear yard setback (inclu&ng any attached additton to the existing unto shah be 10 feet from the recorded condominium untt descrtption line D Maximum height shah be 35feet All setbacks shall be measured from the foundation of the umt and aH architectural features, entry porches, steps, fireplaces, and bay windows are not included tn the setback requirements Bungalow Homes- A Frontyard setbackshaH be 15feet from face ofcurb February 9, 1999 Item V-I 6. PUBLIC HEARING - 33 - ITEM # ,t4~25 (Continued) B. Side yard setback shall be 6feet between buil&ngs except where astde yard abuts a street In those instances, a 5-foot setback wtll be matntatned from the face of curb. C Rear yard setback (inclu&ng any attached addition to the extsttng untt)-5 feet from the recorded condomtntum untt description hne General Requirements- A. Hot tubs andjacuzzis must set back 5feet from all recorded side and rear condominium unit description hnes. In-ground pools must be set back 5 feet from all recorded side and rear condominium lines. The setback to any residenttal structure must be that of the maxtmum depth of the pool. Yard mounted dish antennas must meet the side and rear setback of 5 feet from the recorded condominium untt descriptton hne and must be not more than 5feet off the ground tn height C Decks and pattos will have a 1-foot side and rear yard setback from the recorded condominium unit description line. Decks and pattos greater than 16 inches (16") in height must be set back 5 feet (5')from the description line Setbacks do not apply to lake locattons. D Detachedstorage sheds must meet the rear andstdeyard setback of 1 foot from the recorded condomtnium umt descriptton hne. Two improved off-street parking spaces (outside of the garage) will be provided for each dwelhng unit measurtng a mtnimum of 9feet by 18feet for each space F. Other than Baker Road and Lynnbrook Landing, all streets wtll be private G All common area maintenance will be the responsibility of the condominium associatton. Notice: The Condominium Association Archttecture Committee requtres submtsston of plans for approval. Standards may or may not be more restrictive than Development gutdelines. L Maximum lot coverage by budding and parking, excluding recreational buildings and surfaces, wtll not exceed 55% J. On-street sidewalks will not be required within the condominium development. The applicant shall preserve, to the greatest extent possible, those trees located along the northern property line between the existing single-famtly development and the proposed stngle-family condominium development However, where the preservation of the trees would conflict with provichng adequate drainage to thts portton of the development, the requirement to provtde adequate drainage wtll take precedent. Clear cutttng this area is prohtbited and the applicant agrees to identify those trees to be retatned tn this area on future development plans 3 The maximum total units approved for this development is 196single- family condomintum units only. February 9, 1999 - 34- Item V-I 6 PUBLIC HEARING ITEM # 44625 (Continued) PLANNING The enttre length of Baker Road, through this development, and that portion of Lynnbrook Landing from tts existing terminus south to Baker Road, shall be dedicated to the City of Vtrginia Beach prior to the approval of the development plans for Witchduck Lake Stormwater management plans may be approved prtor to the dedication. 5 The applicant shah construct two (2) lanes of the ultimate four (4) lanes of Baker Road to include curb, guttering and stdewalks where required The applicant shall extend Lynnbrook Landing from its terminus to the entrance to this project on the south stde of Baker Road The tmprovements are to match the improvements on the extsting portion of Lynnbrook Landing to tnclude curb, guttering and sidewalks where necessary Prior to submittal of any development plans for the Witchduck Lake project, the applicant shall meet wtth the Development Services Center staff, Traffic Engineering staff, and the staff of the Ctty Engineer's C I.P staff to ensure that the alignment of the proposed extenston of Baker Road meets the mtntmum geometrtc standards as set forth tn the Development Ordinances and/or the Public Works Standards and Specifications. . The applicant shah provide a six-(6) foot privacy fence between the proposed development and the existing developments to the north, east and west. This fencing will not be located on the property line but will result from the overall construction of the tnchvidual homes and the fenctng that will enclose those indivtdual units. The applicant has aereed to maintain a 20-foot setback ['or the homes along the northern bounda~_ Of the proper_tv (i e., those homes adjacent to LYnnbrook Landing This Ordinance shah be effective in accordance with Section 107 (f) of the Zoning Or&nance Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of Februa~, Nineteen Hundred and NtneO,-Nine Voting: 8-1 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, HaroM Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker and A M. "Don" Weeks Council Members Voting Nay: Reba S. McClanan Council Members Abstaining: Wdliam W Harrison, Jr. Council Members Absent: Vice Mayor William D. Sessoms, Jr. Councilman Harrison ABSTAINED as his law firm provides services to Members of the applicant February 9, 1999 Item V-J. 1 - 35 - APPOINTMENTS ITEM # 44626 B Y CONSENSUS, City Council RESCHEDULED. VIRGINIA BEA CH COMMUNITY DE VEL OPMENT CORPORA TION VIRGINIA BEA CH CRIME TASK FORCE February 9, 1999 Item V-J.2. - 36- APPOINTMENTS ITEM # 4462 7 Upon motton by Councdman Hetschober, Cay Councd REAPPOINTED: Kenneth F. Palmer One Year Term 04/01/99 - 03/31/2000 THE PLANNING COUNCIL Vottng 9-0 Counctl Members Vottng Aye: Ltnwood 0 Branch, III, Margaret L. Eure, Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K ParkerandA M "Don" Weeks Council Members Voting Nay: None Counctl Members Absent Vtce Mayor Wtlliam D Sessoms, Jr and Wtlliam W. Harrison, Jr February 9, 1999 Item V-J. 3. -37- APPOINTMENTS ITEM # 44628 Upon motton by Councilman Hezschober, Ctty Counctl REAPPOINTED: Richard P. Dolenuck Frank Vaughan Lane Mitchell B. Miller Jay T. Lazier Linda Margaret Reinerten Perry Griffith Thomasson 3-Year Term 04/31/99 thru 05/31/2002 VIRGINIA BEACH HEAL TH SERVICES BOARD Vottng. 9-0 Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Harold Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K ParkerandA M "Don" Weeks Council Members Vottng Nay: None Council Members Absent Vtce Mayor Wtlliam D. Sessoms, Jr. and Wdliam W. Harrison, Jr February 9, 1999 Item V-L. 1. NE W BUSINESS - 38- ITEM # 44629 BY CONSENSUS, City Counctl ACCEPTED FOR RECORDATION' ABSTRACT OF CIVIL CASES RESOLVED - January 1999 February 9, 1999 Item V-L. 2 AD JO URNMENT - 39- ITEM it 44630 Mayor Meyera E Oberndorf DECLARED the Ctty Council Meettng ADJOURNED at 4:40 P.M. Beverly 0 tfobks, CMC/AAE Chief Deputy Ctty Clerk Ruth Hodges Smith, CMC/AAE Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrginia Beach Vtrgtnta February 9, 1999