HomeMy WebLinkAboutOCTOBER 26, 1993 MINUTES"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
JAMES K SPORE. C,~ M~
LE3LJE L. LJLL,EY Cay
HUTI!/lODGES ~.MtTI! CML 1,4.AE
CITY COUNCIL AGENDA
:al ( II*~ Ib%lJ iIUILJ)I~(,
~,'IHi,I%IA Ill:A( II I,'IH(,h%IA 2J4'~
OCTOBER 26, 1993
I. CITY MANAGER'S PRESENTATION
- Council Chamber - 3:30 PM
A,
INFORMATION SYSTEMS PLAN STATUS
Patricla Phillips, Director of Finance
II. CIP WORKSHOP
- Council Chamber - 4:00 PM
A,
B,
STORM WATER
Dean E. Block, Director, Management and Budget
WATER AND SEVVER
Dean E. Block, Director, Management and Budget
II1. INFORMAL SESSION
- Council Chamber - 5:00 PM
A,
B.
C,
CALL TO ORDER - Mayor Meyera E. Obemdorf
ROLL CALL OF CITY COUNCIL
RECESS TO EXECUTIVE SESSION
IV. FORMAL SESSION
- Council Chamber - 6:00 PM
Ao
S.
C.
De
Ee
F.
CALL TO ORDER - Mayor Meyera E. Obemdod
INVOCATION: Reverend John H. Emmert
Old Donation Episcopal Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ELECTRONIC ROLL CALL OF CITY COUNCIL ·
CERTIFICATION OF EXECUTIVE SESSION
MINUTES
1. INFORMAL & FORMAL SESSIONS -October 12, 1993
2. PUBLIC HEARING -ClP -October 12, 1993
G. MAYOR'S PRESENTATIONS
II
PROCLAMATION:
RED RIBBON WEEK - October 23 - 31, 1993
Community Alliance for Drug Rehabilitation and Education
Priscilla Be,de, CADRE
Joseph O'Brien, FBI
Sergeant Haynes, DARE Coordinator
Mary Pace, Drug Education Coordinator, Public Schools
·
COMMUNITY LEADERSHIP AWARD to Priscilla Beede
David Reese, Assistant Director, Norfolk FBI Office
Richard L. Holtz, Special Agent, Norfolk FBI Office
H·
PUBUC HEARING
1. FY 1993-1994 Operating Budget Increases
I. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the ordinary course of business
by City Council and will be enacted by one motion in the form listed. If an item is removed from
the Consent Agenda, it will be discussed and voted upon separately.
·
.
·
4,
..
Resolution approving the exercise of powers by the Virginia Beach Development
Authority, conferred by Chapter 643 of the Acts of Assembly of 1964 in conjunction with
financing the Refunding of the Norfolk Industrial Development Authority's $21,460,000
Residential Care Facility Refunding Revenue Bonds, Series of 1988 for Westminster-
Canterbury of Hampton Roads, Inc.
Ordinance to ACCEPT and APPROPRIATE Federal funding of $13,899 and State funding
of $10,600 to the Department of Mental Health, Mental Retardation and Substance Abuse
re continuing the Specialized Model Respite Program for medically fragile children;
continuing the Virginia Department of Motor Vehicles Pokit Program; and, providing
funding for an Anti-Drug Youth Forum to be held at Virginia Wesleyan College.
Ordinance to ACCEPT and APPROPRIATE a Grant of $44,000 from the Virginia
Commonwealth Transportation Board and TRANSFER $11,000 from the FY 1993-1994
Mass Transit Operations Budget to the Planning Department re support of a temporary
position for transportation demand coordination in FY 1993-1994; and, increasing
revenues accordingly.
Ordinance to TRANSFER $25,000 of FY 1992-1993 Home Program funds and to
authorize the City Manager to apply for the Virginia Housing Partnership Fund Rental
Rehabilitation Loan Program.
Ordinance authorizing Tax Refunds in the amount of $87,350.50 to be applied to a
supplemental tax bill·
Ordinance authorizing License Refunds in the amount of $7,003.60.
J. RESOLUTION
·
Resolution requesting the support of the City's General Assembly Delegation for their
Legislative Package in the 1994 General Assembly Session.
K. PUBUC HEARING
1. PLANNING
a.
Ordinance in the behalf of THE CHRISTIAN BROADCASTING NETWORK, INC.,
for the discontinuance, closure and abandonrrierlt of West Centerville Turnpike
beginning at the Western boundary of Centerville Turnpike and running in a
Southwesterly direction a distance of 2900 feet more or less, being 50 feet in width
(KEMPSVILLE BOROUGH).
Deferred for Compliance:
September 28, 1993
Recommendation:
FINAL APPROVAL
bi
Applications of BAYMARK CONSTRUCTION CORPORATION for Conditional
Change of Zoning District Classifications at 2812 Holland Road (PRINCESS ANNE
BOROUGH):
(1)
From AG-1 Agricultural District to R-7.5 Residential District, 600 feet East
of Holland Road, South of Winterberry Lane, containing 38.45 acres.
(2)
From AG-2 Aaricultural District to R-7.5 Residential District, on the East
--
side of Holland Road, South of Winterberry Lane, containing 4.82 acres.
Recommendation:
APPROVE BOTH APPUCATIONS
C.
Application of VICTORY BAPTIST CHURCH for a Conditional Use Permit for a
church, day care center, school and related activities on the Southwest side of
Princess Anne Road, .3 miles Northwest of Glebe Road (2641 Princess Anne
Road), containing 31.860 acres (PRINCESS ANNE BOROUGH).
Recommendation:
APPROVAL
d.
Application of JUDEO-CHRISTIAN OUTREACH CENTER - DICK POWELL for
a Conditional Use Permit for a group home (additior}) on the South side of Virginia
Beach Boulevard, 540 feet East of North Birdneck Road (1049 and 1053 Virginia
Beach Boulevard), contalning 41,382 square feet (LYNNHAVEN BOROUGH).
Recommendation:
APPROVAL
e.
Application of RICHARD H. KLINE for a Conditional Use Permit for motor vehicle
sales on the East side of Mustang Trail, 181 feet South of Virginia Beach
Boulevard (280 Mustang Trail), containing 2.74 acres (LYNNHAVEN BOROUGH).
Recommendation:
APPROVAL
Application of T.M.C. ASSOClATES/'r.B.A ASSOCIATES for a Conditional Use
Permit for an O_oen S0ace Promotion Ootion on the South side of Princess Anne
Road, 1500 feet more or less East of Seaboard Road, containing 103 acres
(PRINCESS ANNE BOROUGH).
Recommendation: AP P R OVAL
g.
Applications of FERRELL PARKWAY ASSOCIATES, INC. (PRINCESS ANNE
BOROUGH):
(1)
RECONSIDERATION OF PROFFERS approved April 24, 1989, re property
at the Northwest comer of Ferrell Parkway and General Booth Boulevard,
containing 15.7 acres.
(2)
North side of Ferrell Parkway, 700 feet more or less West of General Booth
Boulevard, containing 2 acres:
(a)
Cor~ditional Change of Zoning District Classification from
Conditlonal 0-2 Office District to Conditional B-2 Community_
Business District:
(b)
Conditional Use Permit for an indoor recreational facility_ ~_skating
rink).
Deferred: August 10, 1993
Referred to Planning Commission: August 24, 1993
Recommendation:
APPROVE ALL APPLICATIONS
he
AMENDMENTS for the Southern Rural Preservation Area of the City of Virginia
Beach:
(1) AMEND Comprehensive Plan re Rural Preservation Plan
(2)
AMEND and REORDAIN the City Zoning Ordinance, Section 102,
Subsection (a) re Zoning Districts
(3)
AMEND and REORDAIN the City Zoning Ordinance, Sections 400, 401,
402 and 404; and, REPEAL Section 405 re Agricultural Districts
(4)
AMEND and REORDAIN the City Zoning Ordinance, Article 4 by ADDING
Sections 450, 451,452, 453, 454 and 455 re Rural Residential District
(5)
AMEND and REORDAIN the Zoning Ordinance Map of the City Zoning
Ordinance re Repeal of the AG-2 Zoning District; and, Reclassify all
properties previously zoned AG-2 to AG-1
(6)
AMEND and REORDAIN Section 4.1, Subsection (p) of the Subdivision
Regulations re Cul-De-Sac Streets
Recommendation:
APPROVAL
Ordinance to AMEND and REORDAIN Section 502 of the City Zoning Ordinance
of the City of Virginia Beach, Virginia re Dimensional Requirements; and,
AMEND the Appendix to the Comprehensive Plan re Shadowlawn Infiil
Development Guidelines.
Recommendation:
APPROVAL
L.
APPOINTMENTS
HAMPTON ROADS AIR POLLUTION DISTRICT COMMISSION
HISTORICAL REVIEW BOARD
TRANSPORTATION SAFETY COMMISSION
M. UNFINISHED BUSINESS
N. NEW BUSINESS
1. COUNCIL-SPONSORED ITEMS:
a.
Resolution endorsing the efforts of the Virginia Municipal League, the Virgini~
Association of Counties, the Virginia School Boards Association and their nationa
counterparts in support of working with the national groups to inform citizens of th~
Impact of Federal and State mandates on governments and citizens; and, to wor~
with the Delegations to reduce the burden of unfunded mandates.
(Sponsored by Mayor Meyera E. Obemdorf)
bo
Ordinance to REPEAL the April 9, 1991, adopted Ordinance approving rezonir,.~
of cedain property in the Princess Anne Borough with GPIN Number 1493-43
2693-0000 owned by DOCKERY LAMBERT, JR. and MILDRED LAMBERT.
(Sponsored by Councilman John A. Baum)
O. ADJOURNMENT
** CITY COUNCIL PUBUC HEARINGS **
NOVEMBER 9, 1993
Formal Session
(FY 1993-94 /1998-99 Capital Improvement Program)
NOVEMBER 23, 1993
Formal Session
(FY 1993-94 /1998-99 Capital Improvement Program)
6:0O
If you are physically disabled, hearing or visually Impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM
10/20/93bap
AGENDA\I 0-26-93.Pin
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, V~rg~nia
October 26, 1993
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S PRESENTATION to the
VIRGINIA BEACH CITY COUNCIL re INFORMATION SYSTEMS PLAN STATUS in the Council
Chamber, City Hall Building, on Tuesday, October 26, 1993, at 3:30 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert
W. Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Absent:
None
Vice Mayor Sessorns, being a Corporate Officer of Central Fidelity Bank, disclosed there are no matters
on the agenda in which he has a "personal interest", as defined in the Act, either individually or in h~s
capacity as an officer of Central Fidelity Bardc The Vice Mayor regularly files this Disclosure with the
City Clerk 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 October 26, 1993, is hereby made a part of the record.
-2-
CITY MANAGER'S PRESENTATION
INFORMATION SYSTEMS PLAN STATUS
3:30 P.M.
ITEM # 37313
City of Virginia
WILLIAM D SESSOMS JR
VICE MAYOR
809 GREENTREE ARCH
VIRGINIA BEACH VIRGINIA 23451
(804) 455-5732
October 26, 1993
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk's Office
Municipal Center
Virginia Beach, Virginia 23456
Re: Conflict of Interests Act
Dear Mrs. Smith:
In accordance with my letter to you dated August 10, 1993, I have thoroughly
reviewed the agenda for the October 26, 1993, meeting of City Council for the purpose of
identifying any matters in which I might have an actual or potential conffict under the
Virginia Conflict of Interests Act. Based on that review, please be advised that, to the best
of my knowledge, there are no matters on the agenda in which I have a "personal interest,"
as defined in the Act, either individually or in my capacity as an officer of Central Fidelity
Bank. Accordingly, I respectfully request that you record this letter in the official records
of the Council.
Thank you for your assistance and cooperation in this matter.
Very truly yours,
William D. Sessoms, Jr.
Vice-Mayor
WDS,Jr./dmc
-3-
CITY MANAGER'S PRESENTATION
INFORMATION SYSTEMS PLAN STATUS
ITEM # 37313 (Continued)
Preliminary workplans have been outlined. The plan will include the following items:
A. Review of Current Environment
Review of current inventory of computer systems to include a
purpose, user departments, number of users, databases,
technology and interfaces to other systems.
Review of technology skills in current staff.
Review of current hardware and software costs, also including
leases and maintenance contracts.
B. Requirements Definition
Meet with departments to discuss goals, ability of systems to
meet goals, requirements for enhancements of new systems, and
associated benefits.
Compile overview of requirements and benefits. Establish
criteria for ranking benefits.
Discuss role of DIT: Determine strategic direction, expectations
and relationships between DIT and departments.
C. Strategic Plan for Information Technology
Review computing platform options and identify alternattves to
meet goals. Options could include combinations of mainframe,
PC's, IANs, and Client/Server.
Review vendor products and capabilities. Demonstrations, site
visits, and/or benchmark tests amy be undertaken to gain
understanding of the products and how they can meet City
needs.
Review organizational alternatives to support the computing
environments. Options could include DIT support only,
complete outsourcing, or selective outsourcing.
Evaluate alternatives with respect to ability to meet long and
short term goals as well as initial and on-going costs.
Present alternatives, evaluations, and recommendations for
review and selection.
Develop Master Information System Plan to include
development of implementation schedules, and organization
structure required to support the Plan.
October 26, 1993
-4-
ITEM # 37314
Mayor Meyera E. Oberndorf called to order the CAPITAL IMPROVEMENT PLAN WORKSHOP of
the VIRGINIA BEACH CITY COUNCIL re STORM WATER and WATER AND SEWER in the
Council Chamber, City Hall Building, on Tuesday, October 26, 1993, at 3:55 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W.. Clyburn, Robert I~ Dean, Louis I~ Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Absent:
None
October 26, 1993
-5-
ITEM # 37315
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, October 26, 1993, at 5:25 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Absent:
None
October 26, 1993
-6-
ITEM # 37316
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTlgrE
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 employmeng assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
To-Wit: Appointments - Boards and Commissions:
Hampton Roads Air Pollution District Commission
Historical Review Board
Human Rights Commission
Resort Area Advisory Commission
Transportation Safety Commission
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-held property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A)(3).
To-Wit: Land Acquisition - Beach Borough
Upon motion by Vice Mayor Sessoms, seconded by Councilman Lanteigne, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, Robert W. Clyburn, Robert ~
Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
October 26, 1993
-7-
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
October 26, 1993
6:00 P3/I.
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, October 26, 1993, at 6:00 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Absent:
None
INVOCATION:
Reverend John H. Emmert
Old Donation Episcopal Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
October 26, 1993
-8-
Item IV-E. 1.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 37317
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, 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: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 26, 1993
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 # 37316, 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, Co) 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.
Ruth Hodges Smith, CMC/AAE
City Clerk
October 26, 1993
-9-
Item IV-F. 1.
MINUTES
ITEM # 37318
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of October 12, 1993, and the Minutes of the
PUBLIC HEARING of the FY 1993-94 / 1998-99 Capital Improvement Program..
Voting: 11-0
Council Members Voting Aye:
John/1. Baurn, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 26, 1993
- 10 -
Item IV-G.I.
MA YOR 'S PRESENTATION
ITEM # 37319
Mayor Meyera E. Oberndoff, Honorary Chairman of CADRE, PROCLAIMED:
RED RIBBON WEEK
October 23-31, 1993]
The PROCLAMATION was ACCEPTED by Priscilla Beede, CADRE; Joseph O'Brien, FBI; Sergeant Ron
Haynes, DARE Coordinator - Police Department; Mary Pace, Drug Education Coordinator - Public
Schools; and, Sergeant Jeff Kocja, DARE Coordinator - Sheriff's Department.
This PROCLAMATION recognizes the Virginia Federation of Communities for Drug Free Youth, Parents'
Association to Neutralize Drug and Alcohol Abuse, Inc., and the Community Alliance for Drug
Rehabilitation and Education (CADRE) sponsoring the Red Ribbon Campaign offering citizens the
opportunity to demonstrate their commitment to drug-free life styles.
October 26, 1993
Alcohol and uther drug abuse in this nation has reached epidemic
stages, and the 15-24 year old age group is dying at a faster rate
than any other age groups;
I~: It is imperative that visible, unified prevention education efforts by
community members he launched tu reduce the demand for drugs;
The Virginia Federation of Communities far Drug Free §outh, Parents'
Association to Neutralize Drug and Alcohol Abuse, Inc., and the
C~,nity Alliance for Pr~ Rehahili~a~izm ~ ~a~ (C~)ar~
sponsoring the Red Ribbon Campaign offerin~ citizens ~he opportunity
tn demonstrate their c~i~ent ta ~rug-free life styles;
The Red Ribbon Campaign will be celebrating in every community during
"Re~ Ribbon Week";
I~IiERE~: Business, government, law enforaement, scho,is, religious
institutions, service organiaations, youth, physicians, senior
citizens, military, sports teams, and healthy lifestyles hy wearing
and displaying Red Ribbons during this meek-long campaign; and,
The City of Virginia Beach further commits its resources to ensure the
success of the Red Ribbon Campaign.
Ne~, ~tiER~eRE, I, meyera E. eherndorf, Mayor of the City of Virginia Beach,
Virginia, and Honorary Chairman of C~, do hereby FIIe(CILII:
RED g ~ B B Oil ~EEK
OCT~)B£R 23 - 31 , 1993
and, ~~, that the City Council of Virginia Beach floes hereby support Red
Ribbon Week and encourages its citizens to participate in alcohol and other drug
education and prevention activities, making a visible statement that we are
strongly codified to a drug-free community.
l~lrll3~J I~tEREeF, I have hereunto set my hand and caused the Official ~eal of
the City of Virginia Beach, Virginia, to he affixed this ~menty-eighth day of
September, Nineteen Hundred and Ninety-~hree.
Mayor
- 11 -
Item IV-G. 2.
MAYOR rS PRESENTATION
ITEM # 3732O
Mayor Oberndorf again requested Priscilla Beede to come forward. Mrs. Beede is the recipient of the
COMMUNITY LEADERSHIP AWARD by the Federal Bureau of Investigation. Only fifty (50)
individuals in the entire United States have been chosen for this prestigious award.
David Reese, Assistant Director - Norfolk FBI Office and Richard L. Holtz, Special Agent - Norfolk FBI
Office PRESENTED the COMMUNITY LEADERSHIP AWARD to:
Priscilla Beede
Every year the Special Agent in charge of each FBI Field Division with the assistance of the Drug
Demand Reduction Coordinator in that office selects an individual or organization to receive this award
and that individual will have contributed greatly to drug prevention in that community. The Norfolk
Division of the FBI this year selected a citizen frorn Virginia Beach. Mrs. Beede began her community
service in 1967 when she organized and served as President of the Virginia Beach Green Run Little
League. In 1986, she was appointed to the Community Alliance for Drug Rehabilitation and Education
(CADRE) by the City and served on its Executive Board since 1988. She was the Chairman of the "Just
Say No" Drug Free Youth Parades from 1988 to 1992. Since 1986, she has served on the Community
Services Board and Chaired the Substance Abuse Committee. She was Co-Chairman of the First Annual
Drug-Out Day. On May Twenty-third, she was named the Forty-third Annual First Citizen of Virginia
Beach.
October 26, 1993
- 12 -
Item IV-H. 1.
PUBLIC HEARING
ITEM # 37321
Mayor Oberndorf DECLARED A PUBLIC HEARING:
FY 1993 - 1994 Operating Budget Increase
There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING.
October 26, 1993
- 13 -
Item IV-L
CONSENT AGENDA
ITEM # 37322
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED in ONE
MOTION items 1, 2, 3, 4, 5 and 6 of the CONSENT AGEND/L
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert If. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 26, 1993
- 14 -
Item IV-L 1
CONSENT AGENDA
ITEM # 37323
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Resolution approving the exercise of powers by the Virginia Beach
Development Authority, conferred by Chapter 643 of the Acts of Assembly
of 1964 in conjunction with financing the Refunding of the Norfolk
Industrial Development Authority's $21, 460, 000 Residential Care Facility
Refunding Revenue Bonds, Series of 1988 for Westminster-Canterbury
of Hampton Roads, Inc.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 26, 1993
A RESOLUTION APPROVING THE EXERCISE BY THE CITY OF
VIRGINIA BEACH DEVELOPMENT AUTHORITY OF POWERS
CONFERRED BY CHAPTER 643 OF THE ACTS OF ASSEMBLY OF
1964 IN CONJUNCTION WITH FINANCING THE REFUNDING OF THE
INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF NORFOLK
$21,460,000 RESIDENTIAL CARE FACILITY REFUNDING REVENUE
BONDS, SERIES OF 1988 FOR WESTMINSTER-CANTERBURY OF
HAMPTON ROADS, INC.
WHEREAS, Chapter 643 of the Acts of Assembly of 1964, as
amended (the "Act") empowers the City of Virginia Beach
Development Authority (the "Authority") to assist Westminster-
Canterbury of Hampton Roads, Inc, a Virginia non-stock, non-
profit corporation (the "Company") in financing the refunding of
the Industrial Development Authority of the City of Norfolk (the
"Norfolk Authority") $21,460,000 Residential Care Facility
Refunding Revenue Bonds (Westminster-Canterbury of Hampton Roads,
Inc.) Series of 1988 (the "Series 1988 Bonds") which were
originally issued to assist the Company in the refunding of (a)
the Industrial Development Authority of the City of Norfolk
$20,290,000 Residential Care Facility Mortgage Revenue Bonds
(Westminster-Canterbury of Hampton Roads, Inc.) Series of 1979
and (b) the Industrial Development Authority of the City of
Norfolk $4,000,000 Residential Care Facility Mortgage Revenue
Bond (Westminster-Canterbury of Hampton Roads, Inc. Facility)
Series of 1985 which were originally issued on November 27, 1979
and September 26, 1985, respectively, to finance the acquisition,
construction and equipping of a 493,398 square foot facility for
the residence and care of the aged located on approximately 16
acres of land at 3100 Shore Drive, Virginia Beach, Virginia (the
"City"); and
WHEREAS, the Authority has determined that assisting the
Company in the refinancing of the Company's facility, which
facility provides modern and efficient medical services, care and
residence for the aged of the Commonwealth of Virginia in
accordance with their special needs, will protect and promote the
safety, health, welfare, convenience and prosperity of the
inhabitants of the Commonwealth and will be in the public
interest and will be consistent with and serve the purposes of
the Act; and
WHEREAS, the Authority held a public hearing on October 19,
1993, in compliance with the requirements of the Code of Virginia
of 1950, as amended (the "Code"), and Section 15.1-1378.1 of the
Code, and after such public hearing did adopt a resolution to
issue an amount not to exceed $~5,000,000 of its tax-exempt
Residential Care Facility Refunding Revenue Bonds (Westminster-
Canterbury of Hampton Roads, Inc.) Series 1993 (the "Series 1993
Bonds"), subject to the adoption of this Resolution; and
WHEREAS, Section 147(f) of the Internal Revenue Code of
1986, as amended (the "Code"), requires approval by the City
Council (the "Council") of Virginia Beach, Virginia of the
issuance of any private activity bonds by the Authority after it
has held a public hearing to consider the issuance of such bonds
as one of the acts required in order for the interest on such
bonds to qualify for exemption from the imposition of federal
income tax; and
WHEREAS, the Authority has recommended that the Council
approve the issuance of the Series 1993 Bonds; and
WHEREAS, the Series 1993 Bonds, as "qualified 501(c)(3)
bonds," will be exempt, under Section 146(g)(2) of the Code, from
the limitation on the volume of notes or bonds the interest on
which is exempt from the imposition of federal income tax; and
WHEREAS, a copy of the Authority's Resolution approving the
issuance of the Series 1993 Bonds, subject to terms to be agreed
upon, a record of the public hearing with respect to the Series
1993 Bonds and a Fiscal Impact Statement in the form prescribed
by Section 15.1-1378.2 of the Code, have been filed with the
Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That, relying upon the representations of the Authority
by its counsel, the recitals in the preambles hereto are found to
be true and correct in all respects and are adopted as findings
of this Council as if fully rewritten herein.
2. That the refunding of the Series 1988 Bonds to be
financed by the issuance of the Series 1993 Bonds is deemed
appropriate for such financing and, accordingly, the issuance of
the bonds is hereby approved.
3. That this Resolution shall be in effect from and after
its adoption.
Doc No 72098
October 20, 1993
I II I I~111~ I .......... I
__ __
ADOPTED: October 26, 1993
- 15 -
CONSENT AGENDA
ITEM # 37324
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE Federal funding of $13,899
and State funding of $10,600 to the Department of Mental Health, Mental
Retardation and Substance Abuse re continuing the Specialized Model
Respite Program for medically fragile children; continuing the Virginia
Department of Motor Vehicles Pokit Program; and, providing funding for
an Anti-Drug Youth Forum to be hem at Virginia Wesleyan College.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 26, 1993
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FEDERAL FUNDING IN THE AMOUNT
2 OF $13,899 AND STATE FUNDING IN THE AMOUNT OF $10,600 TO THE
3 DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE
4 TO CONTINUE THE SPECIALIZED MODEL RESPITE PROGRAM FOR MEDICALLY
5 FRAGILE CHILDREN, TO CONTINUE THE VIRGINIA DEPARTMENT OF MOTOR
6 VEHICLES POKIT PROGRAM, AND TO PROVIDE FUNDING FOR AN ANTI-DRUG
7 YOUTH FORUM TO BE HELD AT VIRGINIA WESLEYAN COLLEGE
8
9 WHEREAS, the Community Services Board and the Department of Mental
10 Health, Mental Retardation, and Substance Abuse are responsible for the
11 coordination and implementation of mental health, mental retardation,
12 and substance abuse services;
13 WHEREAS, the department has received federal funding in the amount
14 of $12,000 to continue the specialized Model Respite Program for
15 Medically Fragile Children through Virginia Commonwealth University's
16 Virginia Institute for Developmental Disabilities (VIDD) Respite
17 Resource Project;
18 WHEREAS, the department has received state funding in the amount of
19 $10,600 to continue the Virginia Department of Motor Vehicles grant for
20 the Protect Our Kids in Traffic (POKIT) program which teaches 5,000 pre-
21 school and kindergarten age children about preventing head injuries;
22 WHEREAS, the department has also received federal funding in the
23 amount of $1,899 for a youth forum to be held at Virginia Wesleyan
24 College to provide anti-drug and prevention services to students and
25 families;
26 WHEREAS, the funding requires no local funding match or FTE's.
27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA: 1. That funding in the amount of $12,000 be
29 accepted and appropriated from the federal government to continue the
30 specialized Model Respite Program for Medically Fragile Children through
31 VIDD; 2. That funding in the amount of $10,600 be accepted and
32 appropriated from the State to continue the Virginia Department of Motor
33 Vehicles POKIT program; 3. That a grant in the amount of $1,899 be
34 accepted and appropriated from the federal government for an anti-drug
35 forum to be held at Virginia Wesleyan College; 4. That appropriations be
36 offset by a $13,899 increase in federal revenue and a $10,600 increase
37 in state revenue for their duration.
38 Adopted by the City Council of the City of Virginia Beach,
39 Virginia, on the Twenty-s~xth day of October , 1993.
40 This ordinance shall be effective from the date of its adoption.
- 16 -
Item IV-L3
CONSENT AGENDA
ITEM # 37325
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a Grant of $44,000 from
the Virginia Commonwealth Transportation Board and TRANSFER
$1L000 from the FY 1993-1994 Mass Transit Operations Budget to the
Planning Department re support of a temporary position for
transportation demand coordination in FY 1993-1994; and, increasing
revenues accordingly.
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 26, 1993
AN ORDINANCE TO ACCEPT AND APPROPRIATE
A GRANT IN THE AMOUNT OF $44,000
FROM THE VIRGINIA COMMONWEALTH TRANSPORTATION BOARD AND
TO TRANSFER FUNDS WITHIN THE GENERAL FUND FOR A
GRANT MATCH OF $11,000
WHEREAS, the federal and state government has committed resources to
development of transportation plans to reduce the number of single occupancy
vehicles thereby reducing the demand for new or expanded transportation
facilities;
10
11
12
WHEREAS, the Commonwealth of Virginia Transportation Board has provided
a grant in the amount of $44,000 for support of a temporary position for
transportation demand coordination in FY 1993-94;
13
14
WHEREAS, the required $11,000 match is available in the FY 1993-94
Operating Budget for Mass Transit Operations;
15
16
17
18
19
20
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that a grant in the amount of $44,000 be accepted and
appropriated from the Commonwealth of Virginia Transportation Board, and that
revenues from the Commonwealth be increased by $44,000; and that funds in the
amount of $11,000 be transferred from the FY 1993-94 Mass Transit Operations
budget.
21
22
BE IT FURTHER ORDAINED that a temporary full-time position be created in
the Planning department for the grant program.
23
24
Adopted by the Council of the City of Virginia Beach, Virginia on this
26 day of October , 1993.
APPROVED AS TO CONTENT
Walter C
Dept of Management ~(:1 Budget
APPROVF D AS 7
IM
__
-17-
Item 1V-[.4
CONSENT AGENDA
ITEM # 37326
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinance to TRANSFER $25,000 of FY 1992-1993 Home Program
funds and to authorize the City Manager to apply for the Virginia
Housing Partnership Fund Rental Rehabilitation Loan Program.
Voting: 11-0
Council Members Voting Aye:
John ,,1. Baurn, Linwood O. Branch, III, James l,E. Brazier, Jr., Robert IF..
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members ~4bsent:
None
October 26, 1993
ORDIN~CE TO TRANSFER $25,000 IN HOME PROGRAM FUNDS
AND
TO AUTHORIZE THE CITY MANAGER TO APPLY FOR THE VIRGINIA
HOUSING PARTNERSHIP FUND RENTAL REHABILITATION LOAN PROGRAM
5
6
7
8
9
10
11
12
13
14
15
16
17
WHEREAS the State has established a rehabilitation loan program for small rental
property; and
WHEREAS the City has determined that the use of such funds would be beneficial
to neighborhood revitalization efforts; and
WHEREAS HOME Program funds are available to provide required matching
funds for this program.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that the City Manager is authorized to apply for the state rehabilitation
loan program for small rental properties; and
BE IT FURTHER ORDAINED THAT $25,000 of FY 93 HOME Program funds
be transferred for use for such program.
Adopted by Council of the City of Virginia Beach on the Twent:y-s±xl:h
day of October , 1993.
18
19
20
21
Approved as to Content:
A~lrew M. Fried/man, Director
Department of Housing & Neighborh~d Presemation
Approved as to Legal Form
f \uaer~\jponder~m~ta\ord vhpf
- 18 -
Item 11/-1.5
CONSENT AGENDA
ITEM # 37327
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinance authorizing Tax Refunds in the amount of $87,350.50 upon
application of certain persons and upon certification of the City
Treasurer for payment.
Voting: 11-0
Council Members Voting ,dye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 26, 1993
9/22/93 EMC
FORM NO C A 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA.
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type TIcket Exonera- Date Penalty Int.
Year of Tax Number tion No. Pa,d
Total
Christian Broadcast Network 93 RE(1/2) 20734-9
12/4/92
87,350.50
Th~s ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$87~ 3_50..50 were approved by
the Council of~(~e C~ty of V~rgi.nia
Beach on the "day of Uctober
1993
Ruth Hodges Smith
C~ty Clerk
as to payr~,~
Jo~ ~. At-k~son, ~l~.u~.e~
Approved as to form.
Lo~o L L~lley, C~~
- 19 -
Item IV-L6
CONSENT AGENDA
ITEM # 37328
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinance authorizing License Refunds in the amount of $7,003.60 upon
application of certain persons and upon certification of the
Commissioner of the Revenue for payment.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf,, Nancy K. Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 26, 1993
FORM NO C.A. S REV 3~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL Of THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following apphcabons for hcense refunds, upon cert~hcabon of the Commissioner of the
Revenue are hereby approved:
License Date
NAME Year Pa~d Base Penalty Int.
Total
Aaron Rents Inc.
3001 N Fulton Drive NE
Atlanta, GA 30305
Anns Yogurt Incorporated
T/A Its Yogurt
2528 Las Corrales Court
Virginia Beach, VA 23456
Ansell, Charles R.
T/A Ansell Associates
933 First Colonial Road 200
Virginia Beach, VA 23454
1990-93 Audit 808.10
1992-93 Audit 58.44
1991-92 Audit 1,068.78
808.10
58.44
1,068.78
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totaling $ 1,935.32
26
of the C~ty of V~rgm~a Beach on the day of
Certified as to Payment
~rt P Vaughan ~
Comm,ss,oner of the-'Revenue
Approved as to form
Lesl,'-~'L L,Iley~ -~'--' ~,~
C~ty Attorney
were approved by the Council
0ct. ober 93
,19
Ruth Hodges Smith
C,~ Clerk
FORM NO CA. 8RL~/ ~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA.
That the following apphcat~ons for hcense refunds, upon cert~hcabon of the Commissioner of the
Revenue are hereby approved:
L~cense Date Base Penalty I nt
NAME Year Pa~d
Total
Barr Bros. Inc.
T/A Chapman Jewelers
2432 Ingleslde Road
Norfolk, VA 23513
Clement, Harold
T/A C Harold Hauling
1045 VA Tech Trail
Virginia Beach, VA
Hllltop Texaco Inc.
2553 Torrey Place
Virginia Beach, VA
23455
23454
1992 Audit 27.76
1992 Audit 136.81
1991-92 Audzt 1,024.25
27.76
136.81
1,024.25
Th~s ordinance shall be effective from date of
adopbon
The above abatement(s) totaling $ 1,188.82
26
of the C;ty of V~rg;n~a Beach on the day of
Cert;hed as to Payment
c~bJm~, sPs, oVna~rg~fa~ e ~e~v e n ue
Approved as to form
~lley'-
C~ty Attorney
were approved by the Counc,I
October
,19
93
Ruth Hodges Smith
C,ty Clerk
FORM NO CA. 8 REV 3/86
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following apphcat~ons for hcense refunds, upon cert~flcabon of the Commissioner of the
Revenue are hereby approved:
bcense Date
NAME Year Pa~d Base Penalty Int
Total
Payable to: John T. Atkinson, Treasurer
International Leisure Corp.
T/A Royal London Wax Museum
1606 Atlantic Avenue 1992 Audit
Virginia Beach, VA 23451
James Gallagher Jr. Inc. 1991-92
T/A Shamrock Masonry Enterprises
552 Central Drive 103
Virginia Beach, VA 23454
Audit
Joyce, Vlv~an & Denise E. Conti
T/A Creative Adornments 1992
3617 Forrester Lane
Virginia Beach, VA 23452
Audit
237.51
19.86
32.73
237.51
19.86
32.73
Th~s ordinance shall be effechve from date of
adopbon
The above abatement(s) totaling $ 290.10
of the C~ty of V~rg~n~a Beach on the 26 day of
Certified as to Payment
~' 't J ~ ~e~, sP~ oVnaeU>o~ta~ e ' "J .evenue
Approved as to form
~'~ ~ L,Iley
C~ty Attorney
were approved by the Councd
October , 19 93
Ruth Hodges Smith
C,ty Clerk
FORM NO C.A. 6 FiE~ ~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA.
That the following apphcahons for hcense refunds, upon certification of the Commissioner of the
Revenue are hereby approved.
NAME bcense Date Base Penalty Int
Year Pa~d
Total
Justham, T. Kelth 1990
T/A Nobody Gnomes Design Studio
444 Sharp Street
Virginia Beach, VA 23452
Krispy Kreme Doughnut Corp.
P.O. Box 83
Winston Salem, NC 27102
1992-93
Kurtin Kuntry Ltd.
T/A Curtain Calls
1216 Clayton Court
Chesapeake, VA 23320
Audit 57.00
Audit 3,356.12
1991 Audit 138.96
57.00
3,356.12
138.96
Th~s ordinance shall be effective from date of
adophon
The above abatement(s) totaling $ 3,552.08
of the C~ty of V~rg~ma Beach on the 26 day of
Cemhea as to Payment
Comm,smoner of thc¥-Frevenue
Approved as to form
C,ty Attorney
were approved by the Counc,l
October , 19
93
Ruth Hodges Smith
C~ty, Clerk
FORM NO CA. SREV ~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following apphcabons for hcense refunds, upon cert~hcat~on of the Commissioner of the
Revenue are hereby approved:
L~cense Date
NAME Year Pa~d Base Penalty Int
Total
Overholt Dozer Service Inc.
445 Wenger Road
Chesapeake, VA 23322
1992 Audit 22.33
Virginias Golden Scissors Salon
2929 Sunrise Avenue 1992
Chesapeake, VA 23324
Audit 14.95
22.33
14.95
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totaling $ 37,28
of the C~ty of V~rgm~a Beach on the 26 day of
Certified as to Payment
Comm,ss,oner of~_~Revenue
Approved as to form
C,ty Attorney
were approved by the Counc,I
October , 19 93
Ruth Hodges Smith
C,ty Clerk
- 20 -
Item IV-J. 1.
RESOLUTIONS
ITEM # 37329
Robert Matthias, Assistant to the City Manager, advised an Addendum to the Legislative Package of a
Public Safety Package.
Upon motion by Vice Mayor Sessoms, seconded by Councilman Dean, City Council DEFERRED until
the City Council Session of November 9, 1993:
Resolution requesting the support of the City's General
Assembly Delegation for their Legislative Package in the 1994
General Assembly Session.
Council Lady Parker referenced the need for assistance from the General Assembly concerning the AICUZ
areas and requiring stricter building codes.
Mayor Oberndorf advised conferring with the Commanding Officer of Oceana and his invitation to the
City Council for a Briefing and Discussion relative the mission of Oceana. Commander Craine is working
with the Planning Department relative proposals to protect the base.
Councilman Lanteigne requested additions to the Legislative Package: (1) the ability for Virginia Beach
School Boards to run criminal history checks and fingerprint analysis of personnel as a safety measure
for the students; (2) lowering the blood alcohol content for DUI from .10 to .08 and creating an illegal
blood alcohol content for those individuals under twenty-one of.02. (3) Councilman Lanteigne distributed
a proposed amendment to Section 15.1-292.4 Regulation of Stormwater of the State Code: Adding
Parage F: "A locality adopting such a system may provide full waivers or reduced service charges to
proeprty owners whose properties are exempt from local property taxation ". (4) If a Juvenile Detention
Facility is adopted within the CIP, then the City should attempt to attach matching funds form the State.
(5) Concerning rural areas, the General Assembly should investigate ways to reduce or freeze land use
tax and study providing a lesser value on forestry land.
Councilman Moss advised the State's shor(fall is $550-MILLION. The City may want to look realistically
concerning the Legislative Package and not request so much additional funding. Councilman Moss
intends to put forward opposition to the Gas Tax. Councilman Moss raised objection to the Billing of
stormwater utility accounts and believed this Section should be repealed. Councilman Moss requested
discussion concerning the $30-MILLION Charter Amendment for the Virginia Marine Science Museum
be SCHEDULED for the City Council Session of November 2, 1993.
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W..
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 26, 1993
- 21 -
Item IV-K. 1.
PUBLIC HEARING
ITEM # 37330
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
(a) THE CHRISTIAN BROADCASTING NETWORK, INC.
STREET CLOSURE
(b) BA YMARK CONSTRUCTION CORPORATION
CHANGES OF ZONING
(c) VICTORY BAPTIST CHURCH
CONDITIONAL USE PERMIT
(d) JUDEO-CHRISTIAN OUTREACH CENTER - DICK POWELL CONDITIONAL USE PERMIT
(e) RICHARD H. KLINE
CONDITIONAL USE PERMIT
(f) T.M.C. ASSOCIATES/T.B.A. ASSOCIATES
CONDITIONAL USE PERMIT
(g) FERRELL PARKWAY ASSOCIATES, INC.
RECONSIDERATION OF
PROFFERS
CONDITIONAL CHANGE OF
ZONING
CONDITIONAL USE PERMIT
(h) SOUTHERN RURAL PRESERVATION AREA
AMEND Comprehensive Plan
AMEND CZO re Zoning D~
REPEAL Section 405 re
Agricultural Districts
AMEND CZO re Rural
Residential Districts
AMEND Zoning Ordinance map
AMEND Subdivision Regulations
re Cul-De-Sac Streets
AMEND Section 502 CZO re
Dimensional Requirements and
AMEND Appendix of the
Comprehensive Plan
October 26, 1993
- 22 -
Item IV-IC I.a.
PUBLIC HEARING
ITEM it 37331
PLANNING
Attorney Pamela Piscatelli, Post Office Box 3037, Norfolk, Phone: 624-3313, represented the applicant
Upon motion by Councilman Clyburn, seconded by Councilman Moss, City Council AUTHORIZED
FINAL APPROVAL: Ordinance upon application of the CHRISTIAN BROADCASTING NETWORK,
INC., for the discontinuance, closure and abandonment of West Centerville Turnpike:
Application of The Christian Broadcasting Network, Inc., for the
discontinuance, closure and abandonment of West Centerville Turnpike
beginning at the western boundary of Centerville Turnpike and running
in a southwesterly direction a distance of 2900 feet more or less. Said
parcel is 50 feet in width. KEMPSVILLE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 26, 1993
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING WEST
CENTERVILLE TURNPIKE AS SHOWN ON THAT CERTAIN PLAT ENTITLED
"RE-SUBDIVISION OF PROPERTY OF CHRISTIAN BROADCASTING NETWORK,
INC., VACATION OF WEST CENTERVILLE TURNPIKE," WHICH PLAT IS
ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice has been given by The
Chnstian Broadcasting Network, Inc. CCBN"), that it would make application to the
Council ("Council") of the City of Virginia Beach, Virginia ("City"), on
, 1993, to have the hereinafter described street discontinued, closed
and vacated; and
WHEREAS, it is the judgment of the Council that said portion of the street be
discontinued, closed and vacated:
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by Council that the hereinafter described street be
discontinued, closed and vacated:
Beginning at a point, said point being S 00035'57" W, 237.67' along the
western fight of way line of Centerville Turnpike from the northeast comer
of the property of the Christian Broadcasting Network, Inc. as shown on
the plat ("Plat") entitled Re-Subdivision of Property of the Christian
Broadcasting Network, Inc., Vacation of West Centerville Turnpike.
Thence from said point of beginning and leaving the western fight of way
line of Centerville Turnpike S 46°39'51'' W, 88.95' to a point; thence
along a curve to the left having a radius of 406.97' and an are length of
224.23' to a point; thence S 49030'00.. W, 26.95' to a point; thence along
a curve to the fight having a radius of 6004.58' and an are length of
1466.86' to a point; thence S 63029'48'' W, 979.69' to a point; thence N
26°30'12'. W, 25.00' to a point; thence S 63029'48.' W, 75.00' to a point;
thence S 29°11'18" E, 75.08' to a point; thence N 63029'48.' E, 1051.17'
to a point; thence along a curve to the left having a radius of 6054.58' and
an arc length of 1479.07' to a point; thence N 49030'00.. E, 26.95' to a
point; thence along a curve to the fight having a radius of 356.97' and an
arc length of 196.70' to a point; thence S 36049'25.' E, 90.38' to a point
on the western fight of way line of Centerville Turnpike; thence along the
western fight of way line of Centerville Turnpike N 00°51'45" E, 182.81'
to the point of beginning.
GPIN Nos.: 1455-68-3796
1455-47-8128
The above described parcel is located in the Kempsville Borough of the
City of Virginia Beach, V~rginia, and is more particularly described on the
Plat recorded m Map Book. , at page , in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia.
SECTION H
A certified copy of this Ordinance shall be filed in the Clerk's Office and indexed
in the name of the City of Virginia Beach as Grantor.
ADOPTED: October 26~ 1993
APPROVED AS TO CONTENTS
DEPARTMENT
APPROVED AS TO LI:GAL
SUFFICIENCY AND FORM
CITY ATTORNEY
,- ,
/ I
/
(~'-ol) z~ ~g¥
/
/
/
/
o
o
o
o
o
o
o
z
0
C)
Item IV-K.I.b.
PUBLIC HEARING
ITEM # 37332
PLANNING
Robert S. Miller, III, P.E., 5033 Rouse Drive, Phone: 490-9264, represented Miller-Stephenson &
Baymark Construction. Mr. Miller's correspondence to the City Clerk requesting DEFERRAL is hereby
made a part of the record.
Upon motion by Councilman Dean, seconded by V~ce Mayor Sessorns, City Council DEFERRED
INDEFINITELY Ordinances upon application of BAYMARK CONSTRUCTION CORPORATION for
Changes of Zoning:
AND,
ORDINANCE UPON APPLICATION OF BA YMARK CONSTRUCTION
CORPORATION FOR A CONDITIONAL CHANGE OF ZONING FROM
AG-1 TO R-Z5
Ordinance upon application of Baymark Construction for a conditional
Change of Zoning District Classification from AG-1 Agricultural District
to R-7.5 Residential District on property located 600feet east of Holland
Road, south of Winterberry Lane. The proposed zoning classification
change to R-7.5 is for single-family residential at a density no greater
than 3.5 dwelling nits pe acre. The Comprehensive plan recommends use
of this parcel for low density residential use at densities that are
compatible with single-family use in accordance with other Plan policies.
Said parcel is located at 2812 Holland Road and contains 38.45 acres.
PRINCESS ANNE BOROUGH.
ORDINANCE UPON APPLICATION OF BA YMARK CONSTRUCTION
CORPORATION FOR A CONDITIONAL CHANGE OF ZONING FROM
AG-2 TO R-Z5
Ordinance upon application of Baymark Construction Corporation for a
Conditional Change of Zoning District Classification form AG-2
Agricultural District to R-7.5 Residential District on the east side of
Holland Road, south of Winterberry Lane. The proposed zoning
classification change to R-7.5 is for single-family residential land use
at a density no greater than 3.5 dwelhng units per acre. The
Comprehensive Plan recommends use of this parcel for low density
residential use at densities that are compatible with single-family use in
accordance with other Plan policies. Said parcel is located at 2812
Holland Road and contains 4.82 acres. PRINCESS ANNE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lantetgne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and V~ce Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 26, 1993
- 24 -
Item IV-K.I.c.
PUBLIC HEARING
ITEM # 37333
PLANNING
Robert D. Ruffin, 1112 Bailey Wick Drive, Phone: 464-5967, represented the applicant
Upon motion by Councilman Dean, seconded by Councilman Moss, City Council ADOPTED an
Ordinance upon application of VICTORY BAPTIST CHURCH for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF VICTORY BAPTIST CHURCH
FOR A CONDITIONAL USE PERMIT FOR A CHURCH, DAY CARE
CENTER, SCHOOL & RELATED ACTIVITIES R010931856
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Victory Baptist Church for a Conditional
Use Permit for a church, day care center, school & related activities on
property located on the southwest side of Princess Anne Road, .3 mile
northwest of Glebe Road. Said parcel is located at 2641 Princess Anne
Road and contains 31.860 acres. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
A 75-foot wide right-of-way dedication will be required on
the property once the centerline for the alternative access route
is established.
There will be one temporary access to the site from Princess
Anne Road. Once an alternative access ts established, this
temporary access shall be removed.
3. Temporary left and right turn lanes on Princess Anne Road will
be required to serve the temporary access to the site.
4. A stormwater management plan with relevant calculations will
be required during detailed site plan review process.
5. The day care center will have a capacity of 128 children and
shall operate from 6:00 AM to 7:00 PM daily.
6. A tree preservation plan will be submitted during detailed
review process.
Architecture, building materials and color shall substantially
adhere to photographs presented to Planning Commission and
on file in the Planning Department.
This Ordinance shall be effective in accordance with Section 107 (.D of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~. -sixth of October, Nineteen
Hundred and Nines_ - Three.
October 26, 1993
Item IV-l~ l.c.
PUBLIC HEARING
ITEM # 37332 (Continued)
PLANNING
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 26, 1993
- 26 -
Item IV-K. I.d.
PUBLIC HEARING
ITEM # 37334
PLANNING
Richard Powell, represented the applicant
Upon motion by Councilman Brazier, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of JUDEO-CHRISTIAN OUTREACH CENTER - DICK POWELL for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF JUDEO-CHRISTIAN
OUTREACH CENTER - DICK POWELL FOR A CONDITIONAL USE
PERMIT FOR A GROUP HOME (ADDITION) R010931857
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CFIY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Judeo-Christian Outreach Center -Dick
Powell for a Conditional Use Permit for a group home (addition) on the
south side of Virginia Beach Boulevard, 540 feet east of North Birdneck
Road. Said parcel is located at 1049 and 1053 Virgima Beach Boulevard
and contains 41,382 square feet. LYNNHAVEN BOROUGH.
The following condition shall be required:
1. A plan of development review will be required prior to the
issuance of a building permit.
This 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 Twenff-sixth of October, Nineteen
Hundred and Nineff_ -Three.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy ~ Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 26, 1993
- 27 -
Item IV-IC l. e.
PUBLIC HEARING
ITEM tt 37335
PLANNING
Warren L. Tisdale, 1800 NationsBank Center, Norfolk, Phone: 628-5556, represented the applicant
Upon motion by Councilman Brazier, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of RICHARD H. KLINE for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF RICHARD H. KLINE FOR A
CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES
R010931858
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Richard H. Kline for a Conditional Use
Permit for motor vehicle sales on the east side of Mustang Trail, 181 feet
south of Virginia Beach Boulevard. Said parcel is located at 280
Mustang Trail and contains 2. 74 acres. LYNNHAVEN BOROUGH.
This Ordinances shall be effective in accordance with Section 107 (19 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~_ -sixth of October, Nineteen
Hundred and Nine~_ - Three.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W..
Clyburn, Robert ~ Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 26, 1993
- 28 -
Item IV-Kl.f
PUBLIC HEARING
ITEM # 37336
PLANNING
Jim Arnhold, 486-6100, represented the applicant
Robert McDonnel, Post ofice Box 8913, represented the Three Oaks Homes Association, Inc., and
expressed concerns relative street ties.
Upon motion by Councilman Dean, seconded by Vice Mayor Sessorns, City Council ADOPTED an
Ordinance upon application of T.M.C. ASSOCIATES/T.B.A. ASSOCIATES for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF T.M.C. ASSOCIATES/T.B.A.
ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR AN OPEN
SPACE PROMOTION OPTION R010931859
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of T.M.C. Associates/T.B.A. Associates for
a Conditional Use Permit for an Open Space Promotion Operation on
certain property located on the south side of Princess Anne Road, 1500
feet more or less east of Seaboard Road· Said parcel contains 103 acres.
PRINCESS ANNE BOROUGH.
The following conditions shall be required:
·
A wetlands bench for the establishment of emergent wetlands
vegetation shall be provided along the perimeter of lakes
wherever practicable· Forebay areas for trapping sediments
are also required at stormwater discharge points. Areas to be
benched and specific design criteria shall be provided at the
time of detailed site plan review.
2. Lots impacted by forested areas shall employ the concept of
building envelopes to minimize disturbance of this resource.
o
The utilization of an entrance gateway is required. Design
considerations will be addressed during detailed site plan
review.
·
Those persons and/or companies that construct single-family
dwellings upon the property shall reasonably cooperate with the
United States Navy and the City in utilizing sound attenuation
materials in said construction. (AMENDED)
5. A 15-foot landscape buffer shall be provided along Princess
Anne Road.
The following condition was DELETED:
October 26, 1993
- 29 -
Item IV-KI.f.
PUBLIC HEARING
ITEM # 37336 (Continued)
PLANNING
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-sixth of October, Nineteen
Hundred and Ninety-Three.
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf,, Nancy IC Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 26, 1993
- 30 -
Item IV-IC 1. g.
PUBLIC HEARING
ITEM # 37337
PLANNING
Tuck Bowie, 1709 Oxen Court, Phone: 481-2741, represented the applicant
The following spoke in OPPOSITION:
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925
Upon motion by Councilman Dean, seconded by Vice Mayor Sessorns, City Council AUTHORIZED the
Amended PROFFERS of the April 24, 1989, approved application to limit height of any structure to
thirty-five (35) feet, revise site plan and authorize the new location for the entrance way:
Ordinance upon application of FERRELL PARKWAY ASSOCIATES, INC. for a Reconsideration of
Proffers:
RECONSIDERATION OF PROFFERS on certain property located at the
northwest corner of Ferrell Parkway and General Booth Boulevard,
zoned 0-2 Office District. The Comprehensive Plan recommends use of
this parcel for office use in accordance with other Plan policies. Said
parcel contains 15. 7 acres. PRINCESS ANNE BOROUGH.
The following condition shall be required:
1. The Amended Agreement encompassing proffers shall be
recorded with the Clerk of the Circuit Court.
A N D, ADOPTED an Ordinance upon application of FERRELL PARKWAY ASSOCIATES, INC. for
a Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF FERRELL PARKWAY
ASSOCIATE~ INC. FOR A CONDITIONAL CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM CONDITIONAL 0-2 TO B-2
Z0109311397
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Ferrell Parkway Associates, Inc. for a
Conditional Change of Zoning District Classification from Conditional
0-2 Office District to Conditional B-2 Community Business District on
certain property located on the north side of Ferrell Parkway, 700 feet
more or less west of General Booth Boulevard. The proposed zoning
classification change to B-2 is for community-wide business land use.
The Comprehensive Plan recommends use of this parcel for office use in
accordance with other Plan policies. Said parcel contains 2 acres.
PRINCESS ANNE BOROUGH.
The following condition shall be required:
.
The Amended Agreement encompassing proffers shall be
recorded with the Clerk of the Circuit Court (DELETE
PROFFER #3).
October 26, 1993
- 31 -
Item IV- IC 1. ~.
--
PUBLIC HEARING
ITEM # 37337
PLANNING
A N D, ADOPTED an Ordinance upon application of FERRELL PARKWAY ASSOCIATES, INC., for
a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF FERRELL PARKWAY
ASSOCIATE,~ INC. FOR A CONDITIONAL USE PERMIT FOR AN
INDOOR RECREATIONAL FACILITY (SKATING RINK) R010931860
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Ferrell Parkway Associates, Inc. for a
Conditional Use Permit for an indoor recreational facility (skating rink)
on certain property located on the north side of Ferrell Parkway, 700feet
more or less west of General Booth Boulevard. Said parcel contains 2
acres. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. Monument style sign will have external lighting.
2. Bicycle racks will be provided on site.
These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~_ -sixth of October. Nineteen
Hundred and Nine~_ - Three.
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert 14. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 26, 1993
Item IV-lfi l.~.
--
PUBLIC HEARING
ITEM # 37338
PLANNING
The following spoke in SUPPORT of the Ordinances:
Attorney Edward Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971, represented the Shadowlawn
Residents, Phone: 499-8971
Herb Culpepper, 1771 Princess Anne Road, Phone: 426-6111
The following registered in OPPOSITION:
Michele Shean, 1873 Malbon Road, Phone: 426-5207
Karla Marshall, 3654 Hill Breeze Road, Phone: 441-2152, represented the Back Bay Restoration
Association
Tony Leger, represented the Back Bay NWR
Jane Bloodworth Rowe, 1464 Lotus Drive, Phone: 426-7389
Sue Carlyle, 1425 Alanton Drive, represented the Virginia Beach Audobon, Phone: 481-2538
Barbara Henley, 3513 Charity Neck Road, Phone: 426-7501, represented SAVE
Marvin Rollins, 1521 Mill Landing Road, Phone: 426-6459
Upon motion by Councilman Baum, seconded by Councilman Moss, City Council DEFERRED FOR
THIRTY (30) DAYS the AMENDMENTS for the Southern Rural Preservation Area of the City of
Virginia Beach:
A. AMEND Comprehensive Plan re Rural Preservation Plan
B. AMEND and RE, ORDAIN the City Zoning Ordinance, Section 102, Subsection (a)
re Zoning Districts
C. AMEND and REORDAIN the City Zoning Ordinance, Sections 400, 401, 402 and
404; and, REPEAL Section 405 re Agricultural Districts
D. AMEND and REORDAIN the City Zoning Ordinance, Article 4 by ADDING
Sections 450, 451, 452, 453, 454 and 455 re Rural Residential District
AMEND and REORDAIN the Zoning Ordinance Map of the City Zoning Ordinance
re Repeal of the AG-2 Zoning District; and, Reclassify all properties previously
zoned AG-2 to AG-1
F. AMEND and REORDAIN Section 4.1, Subsection (p) of the Subdivision
Regulations re Cul-De-Sac Streets
October 26, 1993
- 33 -
Item IV-
PUBLIC HEARING
ITEM # 37338 (Continued)
PLANNING
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis iZ Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 26, 1993
- 34 -
Item IV-K.I.i.
PUBLIC HEARING
ITEM # 37339
PLANNING
The following registered in SUPPORT:
Attorney Edward Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971, represented the Shadowlawn
Residents, Phone: 499-8971
Philip J. Morgan, 627 Delaware Avenue: Phone: 425-1084, represented twenty Shadowlawn property
Owners
Betty J. Savage, 527 Winston Salem Avenue, Phone: 422-4101
Tim Cusler, 419 Terrace Avenue, Phone: 437-9248, represented the Shadowlawn Heights Civic League
The following registered in OPPOSITION:
Robert L. Yoder, 700 High Point Avenue, Phone; 422-8844
Jerry Harris, 700 Kennedy Avenue, Phone: 422-6451
Diana Close, 412 Cendina Avenue, Phone: 425-7401
A motion was made by Councilman Branch, seconded by Vice Mayor Sessorns, to ADOPT an Ordinance
to AMEND and REORDAIN Section 502 of the City Zoning Ordinance of the City of Virginia Beach,
Virginia, re Dimensional Requirements; and, AMEND the Appendix to the Comprehensive Plan re
Shadowlawn Infill Development Guidelines, as REVISED (Version submitted by Councilman Branch)
with 5 and 5 foot setbacks to create one 35 foot lot.
Upon SUBSTITUTE MOTION by Councilman Jones, seconded by Councilman Moss, City Council
DEFERRED until the City Council Session of November 2, 1993:
Ordinance to AMEND and REORDAIN Section 502 of the City Zoning
Ordinance of the City of Virginia Beach, Virginia, re Dimensional
Requirements; and, AMEND the Appendix to the Comprehensive Plan
re Shadowlawn Infill Development Guidelines.
Voting: 6-5
Council Members Voting Aye:
John A. Baton, Robert IC Dean, Louis R~ Jones, John D. Moss, Mayor
Meyera E. Oberndorf and Nancy I~ Parker
Council Members Voting Nay:
Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Paul
J. Lanteigne, and Vice Mayor William D. Sessorns, Jr.
Council Members Absent:
None
October 26, 1993
- 35 -
Item IV-L.i.
APPOINTMENTS
ITEM # 37340
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
HAMPTON ROADS ~R POLLUTION DISTRICT COMMISSION
HISTORICAL REVIEW BOARD
October 26, 1993
- 36 -
Item IV-L.Z
APPOINTMENTS
ITEM # 37341
Upon NOMINATION by Vice Mayor Sessoms, City Council:
TRANSPORTATION SAFETY COMMISSION
APPOINTED:
James Wood
AND, ~POINTED:
Paul J. Lanteigne
Three-year terms: 11/1/93 - 10/31/96
Voting: 11-0
Council Members Voting Aye:
John A. Bautn, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 26, 1993
- 37 -
Item IV-M. 1.
UNFINISHED BUSINESS
ITEM # 37342
ADD -ON
Councilman Dean expressed concern relative either a retention pond or borrow pit in Holland Pines, a
subdivision abutting Piney Grove Church on the corner of Rose Petal and Crestwood Drive. This appears
to be thirty-five feet deep and Councilman Dean believes this retention pond is being utilized as a borrow
pit. Councilman Dean requested information on the difference between a borrow pit and retention pond.
Some income is derived from a borrow pit, while none is derived from stormwater retention ponds.
Director of Planning advised there is a borrow pit in this location, which has been permitted by the City
Council.
October 26, 1993
- 38 -
Item IV-N.].
NEW BUSINESS
ITEM # 37343
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED:
Resolution endorsing the efforts of the Virginia Municipal League, the
Virginia Association of Counties, the Virginia School Boards Association
and their national counterparts in support of working with the national
groups to inform citizens of the impact of Federal and State mandates
on governments and citizens; and, to work with the Delegations to reduce
the burden of unfunded mandates.
(Sponsored by Mayor Meyera E. Oberndorf)
Voting: 11-0
Council Members Voting Aye:
John .4. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 26, 1993
Requested by Mayor Meyera E. Oberndorf
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
A RESOLUTION PERTAINING TO UNFUNDED
FEDERAL AND STATE MANDATES
WHEREAS, according to the Joint Legislative Audit and
Review Commission, Virginia's local governments are subject to 391
federal and state mandates;
WHEREAS, unfunded mandates on local governments have
increased significantly in recent years;
WHEREAS, federal and state mandates require cities,
counties, and towns to perform duties without consideration of
local circumstances or capacity;
WHEREAS, in some cases, mandates require local
governments to redirect their priorities to meet federal and state
objectives rather than community objectives;
WHEREAS, excessive federal and state regulations on local
governments impose harsh pressures on local budgets, often
requiring increases in local taxes and fees and/or reduced local
services for residents;
WHEREAS, federal and state mandates too often are
inflexible, one-size-fits-all requirements that impose unrealistic
time frames and specify procedures or facilities where less costly
alternatives might be just as effective;
WHEREAS, existing mandates impose harsh pressures on
local budgets, often requiring increases in local taxes;
WHEREAS, the cumulative impact of these legislative and
regulatory actions directly affect the citizens of our cities,
counties, and towns; and
WHEREAS, the Virginia Municipal League, the Virginia
Association of Counties, and the Virginia School Boards Association
are working with localities, school boards, and organizations
across the nation to begin a public education campaign to help
citizens understand and then reduce the burden and inflexibility of
unfunded mandates, beginning with a National Unfunded Mandates Day
on October 27, 1993;
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Council hereby endorses the efforts of the
Virginia Municipal League, the Virginia Association of Counties,
and the Virginia School Boards Association and their national
counterparts, and supports working with the national groups to
fully inform our citizens about the impact of federal and state
mandates on our governments and the pocketbooks of our citizens;
BE IT FURTHER RESOLVED:
That City Council plans to increase its efforts to inform
members of our Congressional and General Assembly delegations about
the impact of federal and state mandates, and plans to work with
the delegations to reduce the burden of unfunded mandates on our
citizens;
BE IT FURTHER RESOLVED:
That October 27, 1993, is hereby proclaimed to be
"Unfunded Mandates Day" in the City of Virginia Beach in observance
of National Unfunded Mandates Day.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 26 day of October , 1993.
54
55
56
57
CA-5334
ORDIN\NONCODE\MANDATE. RES
R-1
PREPARED: October 20, 1993
- 39 -
Item 1F-N. 2.
NEW BUSINESS
ITEM # 37344
Upon motion by Councilman Baum, seconded by Vice Mayor Sessoms, City Council ADOPTED:
Ordinance to REPEAL the April 9, 1991, adopted Ordinance approving
rezoning of certain property in the Princess Anne Borough with GPIN
Number 1493-43-2693-0000 owned by DOCKERY LAMBERT, JR.
and MILDRED LAMBERT.
(Sponsored by Councilman John A. Baum)
Voting: 10-1
Council Members Voting Aye:
John A. Baton, Linwood O. Branch, III, James W. Brazier, Jr., Robert W
Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy lC Parker and Vice Mayor William D
Sessorns, Jr.
Council Members Voting Nay:
Robert IC Dean
Council Members Absent:
None
October 26, 1993
Requested by Councilman John Baum
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
AN ORDINANCE TO REPEAL AN ORDINANCE
APPROVING THE REZONING OF CERTAIN
PROPERTY IN THE NAME OF DOCKERY
LAMBERT, JR. AND MILDRED LAMBERT
WHEREAS, on April 9, 1991, the City Council approved
certain rezoning applications of Indian River Plantation, Inc. from
AG-1 and AG-2 to R-10, R-15 and R-20 district classifications; and
WHEREAS, included in the property rezoned was a parcel
having GPIN Number 1493-43-2693-0000, in the names of Dockery
Lambert, Jr. and Mildred Lambert (hereinafter owners); and
· WHEREAS, due to conditions beyond the owners' control,
the development of the Lambert property as proposed by the rezoning
has been frustrated; and
WHEREAS, the owners have requested and received the
approval of the City Council to rezone the property to the earlier
AG-1 and AG-2 classifications and have further requested that
retroactive effect be given to the repeal of the ordinance adopted
on April 9, 1991, whereby the Lambert property was rezoned to the
R-10 classification; and
- WHEREAS, considering the effect of external circumstances
upon the proposed development of the Lambert property, the City
Council is of the opinion that the repeal of the April 9, 1991
ordinance should be given retroactive effect.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the Ordinance adopted by the Virginia Beach City
Council on April 9, 1991, whereby the property in the names of
Dockery Lambert, Jr. and Mildred Lambert (GPIN number 1493-43-2693-
0000) was rezoned from AG-1 and AG-2 to R-10 is hereby repealed in
its entirety and such repeal shall be effective retroactively, and
the Ordinance approving the rezoning of the Lambert property to R-
32
33
34
10 shall be deemed void ab initio.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 26 day of October , 1993.
35
36
37
CA-5319
ORDIN\NONCODE\CA4829.ORD
R-1
APPROVED'AS TO
LEGAL SUFFiC,~NCy
Item IV-N. 3.
NEW BUSINESS
ITEM # 37345
Upon motion by Vice Mayor Sessorns, seconded by Councilman Moss, City council AGREED TO ADD
TO THE AGENDA:
Resolution to direct the Planning Commission to study and forward the
recommendation to the City Council concerning a proposal to permit
off-site parking in the 1-1 and 1-2 Industrial Districts.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis IL Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 26, 1993
- 41 -
Item IV-N. 4,
NEW BUSINESS
ITEM # 37346
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Resolution to direct the Planning Commission to study and forward the
recommendation to the City Council concerning a proposal to permit
off-site parking in the I-1 and 1-2 Industrial Districts.
Voting: 11-0
Council Members Voting Aye:
John ,4. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 26, 1993
Requested by Councilman William D. Sessoms
A RESOLUTION TO DIRECT THE PLANNING COMMISSION
TO STUDY AND FORWARD ITS RECOMMENDATION TO THE
CITY COUNCIL CONCERNING A PROPOSAL TO PERMIT
OFF-SITE PARKING IN THE I-1 AND I-2 INDUSTRIAL
DISTRICTS
10
11
12
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the Planning Commission is hereby directed to
consider a proposal to amend the I-1 and I-2 Industrial Districts
so as to permit off-site parking within such districts and to
forward its recommendation within 45 days of the date of
adoption of this Resolution.
13
14
Adopted by the Council of the City of Virginia Beach,
26 October
Virginia, on the day of , 1993.
15
16
17
18
CA-5341
ORDIN~NONCODE~parking. res
R-1
PREPARED: 10/25/93
Item IV-N. 4.
NEW BUSINESS
ITEM # 37346
The City Clerk advised it is necessary for City Council to schedule the Public Hearing for the 1993
School Board Appointments. Public Notice must be given at least ten days prior to the Public Hearing.
The Public Hearing must be advertised and shall be held at least seven (7) days prior to the appointment.
BY CONSENSUS, City Council shall SCHEDULE this item for the City Council Session of November 2,
1993.
October 26, 1993
Item IV-M. 1,
ADJOURNMENT
ITEM # 37347
Mayor Oberndorf DECLARED the Meeting ADJOURNED at 10:55 P.M.
Beverly 0.' Hooks, CMC
Chief Deputy City Clerk
Ruth Hodges Smith, CMC/AAE
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
October 26, 1993