HomeMy WebLinkAboutNOVEMBER 13, 1989
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"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
l@CE WYOR ROBERT E. F@M@, li@i..
@ERT . B@0.
JOHN A, MU., @,h
I-CY K P@R. A, L,,
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281 CRT HALL BUILDING
MUNICIPAL CENTER
-M. J., Cil, CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-WO2
@il, Al- (M4) 427-4303
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NOVEMBER 13, 1989
ITEM 1. VIRGINIA BEACH PLIBLIC SCHOOL BRIEFING - Conference RDom - 11:00 AM
A. MIDDLE SCHOOL PRESENTATION
E. Carlton 13owyer, Superintendent
Virginia Beach City Public Schools
ITEM 11. CITY COUNCIL WORKSHOP - Conference RDom - 11:45 AM
A. CAPITAL IMPROVEMENT PROGRAM RECONCILIATION
ITEM Ill. CITY MANAGER'S BRIEFING - Conference Room - 12:15 PM
A. LEGISLATIVE PACKAGE PRESENTATION
Robert R. Vatthias, Goor-dinator
Intergovernmental Relations
ITEM IV. COUNCIL CONFERENCE SESSION - ODnforence RDom - 1:00 PM
A. CITY COUNCIL CONCERNS
]TEN V. INFORMAL SESSION - Conference RDom - 1:20 PM
A. CALL TO ORDER - Voyor Mayera E. Oberndort
B. ROLL CALL OF CITY COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM VI. FORMAL SESSION - Council Chamber - 2:00 PM
A. INVOCATION: Reverend NDah Stoltzfus
Landstown Community Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CERTIFICATION OF EXECUTIVE SESSION
E. MINUTES
1. INFORMAL & FORMAL SESSIONS - %vember 6, 1989
F. PLIBLIC HEARING:
1. PLANNING
a. Application of THE GOSPEL LIGHTHOUSE OF VIRGINIA BEACH for a
Conditional Use Permit for a church on the North side ot Bonney
Road, 1050 feet more or less @st of Bendix POad, containing
2.4703 acres (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
b. Application of HARMON GLASS OF FLORIDA for a Conditional Use
Pennit for an automobile repair facility (installation of
glass) on the North side of Princess Anne Road, 100 fett more
or less East of S. Witchduck Road (5144 Princess Aine Road),
containing 23,332 square feet (KE)4PSVILLE BOROUGH).
Recommendation: APPRO"L
c. Application of ECONO LUBE-N-TUNE for a C<)nditional Use Permit
for a automobile repair establishment on the North side of
Indian River Road, 300 feet East of Kempsvit le Road, containing
34,414 square feet (KEMPSVILLE BOROUGH).
Recommendation: DENIAL
d. Ordinances to AMEND and REORDAIN City Zoning Ordinances:
1. Sections 401 and 402 re duplexes In Agricultural Districts.
2. Section 105 re nonconforming uses and structures.
Recommendation: APPRO"L
G. ORDINANCE:
1. Ordinance, upon SECOND READING, to APPROPRIATE $150,000 from Fund
Balance for the development of a Moster Plan for the Central
Business District.
H. UNFINISHED BUSINESS
1. NEW BUSINESS
1. Regional Proposals for Financing Options for Highways:
Southeastern Virginia Planning District Commission
J. ADJOURNMENT
CITY COUNCIL SESSION CANCELLED
NOVEMBER 27, 1989
NATIONAL LEAGUE OF CITIES
lbs
11/08/89
M I N U T E S
VIRGINIA BEAC14 CITY COUNCIL
Virgltiia Beicli, Virginia
November 13, 1989
The VIRGINIA BEACH PUBLIC SCH60L BRIEFING for the VIRGINIA BEACH CITY COUNCIL
was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City
Hall, on Monday, November 13, 1989, at 11:00 A.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
School Board Members Present:
Robert W. Clyburn, Chairman James N. Fletcher, Gerald
G. Gibbs, Robert W. Hall, M. Boyd Jones, Samuel W.
Meekins, Ulysses V. Spiva and Greg N. Stillman
Council Members Absent:
John D. Moss (ENTERED: 11:10 A.M.)
John L. Perry (ENTERED: 11:47 A.M.)
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V I R G I N I A B E A C H P U B L I C S C H 0 0 L B R I E F I N G
11:00 A.M.
ITEM # 32028
Chairman James N. Fletcher expressed appreciation to the Mayor, Members of City
Council, the City Manager and Staff for the support of the $68-MILLION BOND
REFERENDUM. Every precinct voted in favor with a 72% approval of said
Referendum which was the highest in history.
The Middle School concept is a State Mandate. Upon transition to the Middle
School, Elementary Schools will be converted from Kindergarten through Grade
Six to Kindergarten through Grade Five. Ninth Grade will now be situated in the
High School as opposed to the Junior High.
Carlton Bowyer, Superintendent of Schools, advised in 1986, the Governor's
Commission on Education expressed concern over the education of the "middle
students" in grades six through eight. Responding to that concern in 1988, the
State Board of Education initiated a five-phase restructuring process for
grades 6, 7 and 8. In November 1988, the School Administration submitted a Plan
to the School Board. In April 1989, that plan was APPROVED along with
restructuring and relocation. Restructuring is designed to adapt the curriculum
to those particular grade levels of 6, 7 and 8. Relocation entails moving the
sixth grade into the current Junior High Schools, the ninth grade into the
current Senior High Schools whereby they become Comprehensive Senior High
Schools. In 1991, the School Administration plans to move to a full Middle
School Complex.
George McGovern, Director of Middle Schools, assisted by Lauralee Grim,
Educational Planning Center, presented an overview of the Middle School
concept. Six years ago the Governor's Committee on Excellence issued its
powerful report: "A Nation at Risk". This was followed three years later by the
Governor's Commission on Excellence in which the Middle Schools were touted as
the vast Educational Wastelands and the Governor called for restructuring the
grades and the educational programs in grades six through eight. In developing
the overall planning model, the School Administration has borrowed a very
successful concept for business, a commitment to serving the needs of its
students and it is the Administration's professional business to educate
students successfully. For this to occur, it becomes necessary to review the
current status, where the Administration should be going and then develop a
plan to move the system to that desired level. Students at this age require
special types of teachers and special types of educational programs. The
Carnegie Foundation's Report issued this Summer presents some disturbing data
regarding today's youth. At the same time it presents some positive information
on the method of correcting this situation. 92% of the High School Students
graduating in 1987 began drinking before graduation. 56% of those students
began drinking in grades 6, 7, 8 and 9. Retention rate was far higher among
minority students in grades 6, 7, 8 and 9. Only 3-MILLION of the 27-MILLION new
jobs created between 1972 and 1986 required a basic level of entry. The
Virginia General Assembly in its June 1989 repart by the Joint Subcommittee on
School Dropouts, reported one in six jobs created in Virginia was suited for a
high school dropout. 17,000 students leave school in Virginia each year before
graduation. In 1987, 27% of those students dropped out in Grade 9.
The goal of restructuring Middle Level education is to build success into the
10 to 14-year old student. Status-quo is a guarantee of mediocrity. Junior High
Schools are larger and more impersonal. Teachers and students change classes as
many as seven and eight times per day. These changes in themselves formulate
formidable barriers to the formation of close relationships between teachers
and students. Many traditional Junior High Schools pay little attention to the
emotional, physical and social needs of the students. During November 1988, in
response to the State Board Mandates, the Virginia Beach City School Board
authorized the development and implementation plan which was designed to meet
the requirements of restructuring, foster academic excellence and meet the
unique developmental needs of students. To develop the common framework, Middle
School Education, the School Board approved a mission, a philosophy, goals, key
components and global time lines that would make Virginia Beach eligible to
move in 1992 to the Middle School Concept.
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V I R G I N I A B E A C H P U B L I C S C H 0 0 L B R I E F I N G
ITEM # 32028 (Continued)
George McGovern advised the Goals should be related to student outcomes and
should focus on meaningful learning and on achievement, as well as a successful
transition to education in a productive adulthood providing a climate that
nurtures academic excellence and self-esteem. The concept would provide a
flexible program with a wide range of social experiences to helping these
students develop responsibility and understanding in dealing with the effects
of peer pressure, assessing and applying information and becoming independent
and self-regulating learners. In addition to the Goals, the Middle School
Program will include an emphasis on the following Key Components:
Emphasis on Academic Excellence
Core Curriculum (English, Science, Math, Social Studies)
interdisciplinary teaching and teaming
Skill development in the areas of computer literacy, study
skills and creative thinking
High expectations for students success with an on-going
monitoring program
Changing the instructional strategies the teachers will
utilize
Different instuctional materials and strategies
Modifications can be made in the schedule for special
activities enhancing academic excellence
A Global Time Line has been developed. This time line is designed so the School
system will be ready to implement Middle Schools in 1992. The first four areas
of the Global Time Line have been completed. Training of all Committee Members
began in July of this year. In addition, the Administrative Co-ordinators and
Instructional Specialists were trained in September and again in November. A
presentation and overview to the entire staff was done on November Seventeenth.
The Global Time Lines will be the basis from which the School Administration
continues progressing toward Middle Schools. Within the next three years,
Virginia Beach will need to retrain approximately 1,000 teachers, move an
entire grade to the Senior High Schools and move an Elementary Grade into the
Junior High Schools or Middle Schools at that time. The changes will be
massive; however, the end product will make Virginia Beach proud.
The students in the Middle School will be grouped into teams, usually
comprising 100 to 125. This students will change classes, but the classes will
be grouped in a small section. The students will be dealing with four teachers
through interdisciplinary teaming. Those teachers will be responsible for the
core educational programs (English, Math, Science and Social Studies).
The vast majority of funds expended other than for new buildings which must be
constructed because of increases in population, would be for staff development
and training the teachers to bring them around to a Middle School philosophy
and concept. George McGovern did not believe there would be a tremendous amount
of renovation of the current existing facilities. Much of the revision and
development of the curriculum will center around instructional strategy and how
to reach the variety of changes within this age group. The curriculum will have
to be modified in some instances. As the curriculum is reviewed every four or
five years as text books come on line, there is always a continuing revision
and therefore that would not be any additional cost.
Dr. Thomas Garrou, Planning Specialist, advised there had been a significant
decline in the rate of increase in the student population. Last year there was
a 2300 student increase and this year there was less than 1400. Preliminary
projections indicate a 1200 to 1300 increase this year rather than 2500. The
Senior High School enrollment will remain stable or decline over the next three
years.
George McGovern advised the Evaluation and Assessment Committee will develop
assessment needs to assure the Middle Schools concept are receiving their
money's worth out of the dollar.
Mayor Oberndorf referenced Delegate O'Brien had advised there may be a $450-
MILLTON shortfall in the State Budget.
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C A P I T A L I M P R 0 V E M E N T P R 0 G R A M
R E C 0 N C I L I T A T I 0 N
11:35 A.M.
ITEM # 32029
E. Dean Block, Assistant City Manager for Analysis and Evaluation, referenced
the letter of @vernber Eighth responding to various questions raised by City
Counci I during the WORKSHOPS. A Potential Issues List and Additional Issues
ralsed during the November 8, 1989, Public Hearing were also distributed to
Members of City Council. Said Information is hereby made a part of the record.
E. Dean Block advised there was no financial downgrading ot the bikeway
priorities. Councilwornan tkCIanan believed the City should look at where the
easements and rights-of-way are located which the City might need to purchase5.
The bikepaths being placed along roads as part of the main highway is a good
step. Go-ordinated bikeways are also needed. Councilman Baun advised the bikes
in the rural areas take as much roorn as any other vehicle. Councilwoman Henley
advised where bikeways have been included with road projects, bike riders still
seern to use the highways as opposed to the bikepath. Councilman Balko
referenced the Bayfront Bikeway which will connect Great Neck with Bayville
Park. Basically, the Great Neck Association desires same; however, one of the
routes instead of following the VEPCO Fbwer Line will cut through a City lot
and go into a cul-de-sac area. The Bikeway does cross new Great Neck Road and
also the old Great Neck Road.
Mayor Oberndorf advised of concerns of the %rth Beach relative the drainage at
Fifty-fifth Street. C. Oral Lambert, Jr., Director of Public Works, advised
this project is a combination of North Beach Drainage Phase Ill and Phase IV.
The system existing now is totally reactive. It can not keep the water pumped
out as it is occurring In responsm to Councilwoman Parker, Oral Lambert advised
a positive drainage system will be produced. The pumps have been downsized to
a flve-year storm rather than a ten-year storm In order to reduce the number of
outtalls into the Ocean. It would not be econornically feasible to design City
wide a storm drainage system capable of dealing with a 100-year storm. The
design in existance now means there wi I I ba some lag. Oral Lambert advised Vice
Veyor Fentress the pump was quasi-automatic. The pump is turned on almost
immediately as soon as it starts raining.
E. @an Block w! I I investigate whether this aforementioned drainage was a 1980
Refarendum Project.
Councilman Perry inquired relative the Drainage System in Nowsome Farm. The
City Manager will provide details. Dean Block advised the City has lnvestod In
Non-Community D6velopment Block Grant Funds $2.9-MILLION in this particular
project. Dean Block cited page 45, under Roadways, CIP Project 2-945 (Newsome
Fann Area Street Improvements) which does include drainage. The Plans have been
cornp I eted. The project has been advertised for bid and construrtion shall
commence In 1990.
Cuncilman BaLim suggested a page or page and 'half handout be developed relative
pol icies on storm drainage and the oxplanation for the priorities.
Dean Block referenced the use of rernaining funds in Project 02-077 Resort Area
Project. Of the $1,130,000 In funds remaining, the following areas have been
sLiggested for use: (1) Economic Development Investments (2) Sand Replenishment
for other beach areas (3) Stormwater Projects - Facilitating construction
schedules. Information on issues and prioritization of sand replenishment will
be provided to City ()ouncil. Councilwoman McClanan also requested an update
relative the Sandbridge project with the review by the Army Corps of Engineers.
C)ounc i lman Moss referenced Project 12-052 Pubt Ic Beach Improvement Program,
page 8 under the Section Resort Area, and inqulred relative the $1.6-MILLION
for Site Acquisition. The City staff will provide details.
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C A P I T A L I M P R 0 V E M E N T P R 0 G R A M
R E C 0 N C I L I T A T I 0 N
ITEM # 32029 (Continued)
In response to Councilman Heischober, the City Manager advised the $800,000 in
the Operating Budget was intended for Maintenance to handle the reoccurring
loss of sand. The tunds in the CIP account were intended to establish a basic
beach profile.
Councilwoman Henley advised the CIP Project #2-077 Resort Area Sand Project
reflected $1.9-MILLION rather than $1.1-MILLION as stated by Dean Block. Dean
Block advised this does not encompass the $800,000 transferrad f rorn th i s
Project to Oceanfront Connector Parks CIP 12-066; to Boardwalk Revitalization
CIP 02-048 on November 6, 1989.
BY CONSENSUS, City Council agreed to have the funding remain in Project #2-077
Resort Area Sand Project and not utilize In other areas.
Dean Block cited the potential use of special road bond authority to advance
Salem Road project through State funding of debt service. Recent decision
impacting on the state's six-year plan; most notably the decision to move
forward with the Constitution Drive fly-over project, resulted in the delay of
other projects in the State plan. Salem Road, in particular, was delayed about
three years. Special road bond authority can be used to restore the schedule
for Salem Road. $8-MILLION annually is available from the years 1988 and 1989.
The 1988 monies have been authorized and are unappropriated/undesignated. A
Council resolution pertaining to their use was adopted December 12, 1988. The
1989 monies have not been authorized nor appropriated.
Dean Block cited the OFRIONS:
1. Approve the use ot $16-MILLION in special road bond authority to
advance Salem Road (approximately $14-MILLION) and fund additional
rural road projects subject to payment of debt service by tho State.
Authorization of 1989 bonds would be needed and appropriation of both
the 1988 and 1989 bonds required. A formal agreement with State VDOT
would be forthcoming if this option Is selected.
2. Do not approve the use of special road [>Onds for Salem Road and rural
road projects. No appropriation action for special road bonds Is
needed.
Two sub-options derived from OFRION 2:
A. Authorize (only) the 1989 special road bonds ($8-MILLION), subject to
such use restrictions as deemed appropriate. Such authorization would
retain the ability of the C<)uncil to utilize the funds In future
years and is requlred before December 31, 1989, or the authority will
lapse. No direct CIP impact.
B. Do not authorize the 1989 special road bonds. The authority will
lapse December 31, 1989, and will no longer be available. No direct
CIP impact.
Dean Block advised maxlmum debt service is believed to occur in the fifth year
of the six-year plan. MaximLn debt service is approximately $1.6-MILLION which
would ropresent approximately 8%ot the allocation projected for that year.
Oounci Iman Nbss requested Information relativo the source of the $1.6-MILLION.
Councilwoman Parker believed the Resolution in connection with the
authorization of the Issuance of General Obl igation Bonds of the City of
Virignia Beach, Virginia, in the maximum amount of $8-MILLION for road, highway
and bridge purposes would have to be rescinded in order to real locate the f unds
for a particular project.
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CAP IT A L I M P R 0 V EM EN T P R 0 G R AM
R E C 0 N C I L I T A T I 0 N
ITEM # 32029 (Continued)
The City Attorney, Les Lilley, advised a two-thirds vote was required last year
for the $8-MILLION Road Bond Funding. The Interim City Attorney Kevin Cosgrove
had requested a letter of determination from Bond Counsel. Mr. Frazier, the
Bond Counsel, advised a majority vote would be required on the road issue.
This, therefore, represents a change. Mr. Frazier has ruled six votes would
constitute approval.
Ordinances will be DRAFIED relative all the OPTIONS. An Ordinance will be
DRAFTED authorizing the $8-MILLION for 1989. There will be two separate
appropriation ordinances, one with the $8-MILLION and one without the $8-
MILLION.
Councilman Heischober understood the $2-1/2-MILLION per annum was a five-year
program. If the Staff is referring specifically to Salem Road, $16-MTLLION with
debt service, normally it would be doubled for $32-MILLION. Councilman
Heischober referenced the $2-1/2-MILLION coming from the State for debt service
a determination of how much of the $32-MILLION it does service, stop at that
five-year plan and then determine the tax consequence, if not renewed.
Dean Block referenced the issue of Project #6-931 Sandbridge Sewers and advised
direction was needed whether to retain the Project for long term programming
purposes in the Capital Improvement Program or whether to delete the project
from the Capital Improvement Program.
Dr. George C. Sjolund, Director of the Department of Health, advised there are
three classes of Health Hazards, Class 1, 2 and 3, which are used as a tool to
rate the degree of problems within a given area. These classes are an advisory
for public utilities to utilize this information in their presentation about
the CIP. Class I indicates the area with the most failures, poorest soils,
least possibility for repair, most likelihood for pollution of adjacent area.
Sandbridge is identified as a Class I Health Hazard.
If a lot can be developed to reach natural sand, then a septic permit will be
given as this is the same condition which exists on the dunes. Since 1983,
four hundred and four (404) septic tanks have been APPROVED in Sandbridge. As
long as state regulations are met, septic tanks are permitted.
Clarence Warnstaff, Director of Public Utilities, advised in the first 5
years, approximately 140 projects were in existance, with about 70 of those
being neighborhood projects which are related to extending public water and
public sewer in neighborhoods that are served by septic tanks and/or wells. In
the second five-year of the CIP, there are neighborhood projects where there is
a need to continue the program to extend public water and sewer. Certain
projects exist which rank high in terms of needing City Sewer, but are in the
second five years. However, the cost exceeds $20,000 per lot for some of the
projects in the second five-years which have reached 51% and require public
sewer because of a health hazard.
The Septic Tanks which have failed in Sandbridge represent at least one-half or
more being on the ocean side. The majority of the failure rate was related to
storm damage. The public water system at Sandbridge has not been damaged by the
storms in the past. If in future years, a sanitary sewer system is installed at
Sandbridge, the gravity sanitary sewer line will be deeper than the public
water system. The public water system will be damaged first prior to damage of
gravity sanitary sewer lines simply because of the average depth of the lines.
There would be five to six sanitary sewer pumping stations at Sandbridge. Under
severe storm conditions, those could certainly be damaged. The force main which
would collect the waste would be three to four feet below surface. This could
also sustain some damage.
The City Manager advised a map had been prepared of the various route
alternatives for the Bayfront Bikeway should the Members of City Council wish
to peruse same after the Council Meeting.
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I T E M S 0 F T H E C I T Y M A N A G E R
[TEN # 32030
A WORKSHOP realtive Water and Sewer Financial lnfortnation wi I I be SCHEDULED for
the City Council Sessions of %vember 20, 1989.
ITEM # 32031
The CITY MANAGER'S BRIEFING relative the LEGISLATIVE PACKAGE PRESENTATION by
Robert R. Matthias, Coordinator Intergovernmental Relatlons, was moved to NEW
BUSINESS In the FORMAL SESSION.
- 8 -
ITEM # 32032
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Conference Room, City liall Building, on
Monday, November 13, 1989, at 1:25 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
- 9 -
ITEM # 32033
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion, consideration or interviews of
prospective candidates for employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining, or resignation of specific
public officers, appointees, or employees pursuant to Section 2.1-
344(A)(1). (1) Performance Evaluations: City Clerk, City Assessor, City
Manager (2) Appointments: Members of Central Busin,s, District Commission
2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of
legal advice by counsel pursuant to Section 2.1-344 (A) (7). Actual or
probable litigation or other specific legal matters are the following: (1)
Dwight W. Cowell vs City of Virginia Beach, et al.
Upon motion by Councilwoman Parker, seconded by Councilman Perry, City Council
voted to proceed into E)CECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 10 -
VIRGINIA BEACH CITY COUNCIL
November 13, 1989
2:00 P.M.
Mayor Wyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on MDnday,
November 13, 1989, at 2:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baun, Vice Payor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, @yor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Reverend Noah Stoltzfus
Landstown Community Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Item VI-D.I.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 32034
Upon motlon by Councilman Moss, seconded by Councilman Sessoms, City Council
ADOFrrED:
CERTIFICATION OF EXECUTIVE SESSION
Only public business matters lawfully exempted from
Open @ting requirernents 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 motions convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Vot i ng 11-0
Council *mbers Voting Aye:
Albert W. Balko, John A. BaLim, Vice Mayor Robert E.
Fentress, Harold @ischober, Barbara M. @nley, Reba
S. McClanan, John D. Moss, %yor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William 0.
Sessoms, Jr.
Council Members Voting Nby:
None
Council Members Absont:
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, p-,S,.a@t to
the affirmative vote recorded l,e,e and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification' by the
governing body that such Executive Sessi,n was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies; and, (b) only such public business matters as
were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
MOTION;
Upon motion by Councilwoman Parker, seconded by Councilman Perry, City Council voted to
proceed into EXECUTIVE SESSION to consider:
1. PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for
employment, assignment, appointment, promotion, performance, demotion, salaries,
disciplining, or resignation of specific public officers, appointees or employees
pursuant to Section 2.1-344(A) (1). (1) Performance Evaluations: City Clerk, City
Assessor, City Manager (2) Appointments: Members of Central Business District Commission.
2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants
or attorneys, pertaining to actual or probable litigation, or other specific legal matters
requesting the provision of legal advice by counsel pursuant to Section 2.1-344 (A) (7).
Actual or probable litigation or other specific legal matters are the following: (1)
Dwight W. Cowell vs City of Virginia Beach, et als
VOTE: 11-0
Council Members Voting AYE: Council Members Voting NAY:
Albert W. Balko, John A. Baum, Vice Mayor Robert E. None
Fentress, Harold Heischober, Barbara M. Henley,
Reba S. McClanan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and
William D. Sessoms, Sr.
Council Members ABSTAINING: Council Members ABSENT for the Vote:
None None
Council Members ABSENT for the @leeting:
None
th Hdge S-ith, CMC@AAE
City Clerk
- 12 -
Item VI-E.I.
MINUTES ITEM # 32035
Upon mot Ion by Vice %yor Fentress, seconded by Counci lman MD$s, City Councl I
APPROVED the Minutes of the INFORMAL & FORMAL SESSIONS of November 6, 1989.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, bhn A. BaLn, Vice %yor Robert E.
Fentress, Harold Haischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Veyor Nbyera E. Oberndorf,
Nancy K. Parker, Jo hn L . Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
Nc)ne
Council Members Absent-
None
- 13 -
Item VI-F.I.
PUBLIC HEARING
PLANNING ITEN # 32036
Veyor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on;
PLANNING
(a) THE GOSPEL LIGHTHOUSE OF VIRGINIA BEACH CONDITIONAL USE PERMIT
(b) HAR40N GLASS OF FLORIDA CONDITIONAL USE PERMIT
(c) ECONO LUBE-N-TUNE CONDITIONAL USE PERMIT
(d) CITY ZONING ORDINANCES AMEND
Sections 401 and 402
duplexes In agricultural
districts
Section 105
nonconforming uses and
structures
1 4
Item VI-F.I.a.
PUBLIC HEARING
PLANNING ITEM # 32037
La s I I e " Pa t" Thornas, Pastor of the Gospel Lighthouse of Virginia Beach,
represented the applicant
Colonel Robert Engesser, 5290 Vostry Drive, Phone: 499-3157, did not Indicate a
position of support or opposition and again deviated from the subject.
Upon motion by Councilman %ss, seconded by Vice %yor Fentress, City Council
ADOPrTED an Ord lnance upon appi ication of THE GOSPEL LIGHTHOUSE OF VIRGINIA
BEACH for aConditional Use Permit:
THE GOSPEL LIGHTHOUSE OF VIRGINIA BEACH FOR A
CONDITIONAL USE PERAIT FOR A CHURCH R011891261
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ord lnance upon appl lcation of Tho Gospel Lighthouse
of Virginia Beach for a Conditional Use PerTnit for
a church on the north side of Bonney Road, 1050
feet more or less west of Bendix Road. Said parcel
contains 2.4703 acres. More detailed lnfortnation is
available in the Departmant of Planning. KEMPSVILLE
BOROUGH.
The following conditions shall be r8quired:
1. The building shall be used only for ch urch
activities and not for residential purposes.
2. The pennit for the church Is approved for a period
of two (2) years.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Thirteenth of %vember, Nineteen Hundred and Eighty-nine.
Voting: 11-0
Council Mefnb8rs Voting Aye:
Albert W. Balko, John A. Baun, Vice Veyor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan*, John D. Moss, Mayor *yera E.
Oberndorf, Nancy K. Parker, John L. Perry* and
W i I I I am D. Se ssom s , Jr .
Council Members Voting tby:
Non(5
Council Members Absent:
None
1 5
Item VI-F.I.b.
PLIBLIC HEARING
PLANNING ITEM # 32038
Wi II i am J. Cashman, 5144 Princess Anne Road, Phone: 473-2000, Transportatlon
PI anner with Lang ley and Mc Donal d, represented the applicant
Bruce Mehcher, represented Harmon Glass, and advised the parking lot would have
thirty-nine parking spaces.
Upon motion by Councilman Voss, seconded by Vice Wayor Fentress, City Council
ADOPTED an Ordlnance upon appl !cation of HAF04ON GLASS OF FLORIDA for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF HARMON GLASS OF
FLORIDA FOR A CONDITIONAL USE PERMIT R011891262
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ord inance upon application of Harmon Glass of
Florida for a C<)nditional Lls ePe rm I t tor a n
a u tom ob I I e r e p a I r f ac I I I t y ( i n s ta I I a t i o n o f g I a s s)
on the north side of Princess Anne Road, 100 feet
more or less east ot South Witchduck Road. Said
parcel is located at 5144 Princess Anne Poad and
contains 23,332 square feet. More detailed
Information Is available in the Dapartment of
Planning. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. The curb cut In front of the building shall remain
open so long as this use continues to operate.
2. Parking spaces In front of the existing building
shall be removed. Sufficient parking exists to the
rear of the building.
3. Al I repairs are to be made inside the building. No
outslde repairs or outside storage of auto parts
will be allowed.
4. There shall be no commercial truck traffic entering
and leaving the facility between the hours of 6-00
A.M. to 9:00 A.M. and 3:00 P.M. to 7:00 P.M.
5. The City Zoning Ordinance requires this auto repair
garage to be completely enclosed with Category VI
screening. If a variance to this requirement is
approved by the Board of Zoning Appeals, perimeter
parking lot landscaping is required along Princess
Anne RDad.
- 16 -
Item VI-F.I.b.
PUBLIC HEARING
PLANNING ITEM # 32038 (Continued)
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Thirteenth of November, Nineteen Hundred and Eighty-nine.
Councilman Heischober inquired whether it would be possible to install a
vehicle turntable. This is a tremendous safety advantage. The vehicle can exit
front part forward. William J. Cashman advised if the
backing out of vehicles does become a problem, the applicant will investigate
same.
Councilman Perry advised the graphics depicting Harmon Class were incorrect.
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley,
John D. Moss, Mayor Meyera E. Oberndorf, Nancy K.
Parker, and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan and John L. Perry*
Council Members Absent:
None
"Councilman Perry changed his vote from an Aye to a VERBAL NAY.
- 17 -
Item VI-F.l.c.
PUBLIC HEARING
PLANNING ITDM # 32039
Phillip J. Roehrs, P.E., Project Manager, Waterway Surveys & Engineering, Ltd.,
321 Cleveland Place, Phone: 490-1691, represented the applicant and requested
WITHDRA14AL. Letter from Phillip J. Roehrs requesting WITHDRAWAL is hereby
made a part of the record.
The following registered in OPPOSITION, but WAIVED the right to speak as they
were not OPPOSED to the WITHDRAWAL.
John A. Elam, Jr., 1133 Brattleboro Arch, Phone: 474-1133
Jerry Greene, 3068 Little Haven Road, Phone: 498-7395
Mark Rowe, 919 East Main Street, Richmond, Virignia (804) 782-7259, represented
Crestar Bank, Trustee
Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council
ALLOWED WITHDRAWAL of an Ordinance upon application of ECONO LUBE-N-TUBE for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF ECONO LUBE-N-TUNE FOR
A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR
ESTABLISHMENT
Ordinance upon application of Econo Lube-N-Tune for
a Conditional Use Permit for an automobile repair
establishment on certain property located on the
north side of Indian River Road, 300 feet east of
Kempsville Road. The parcel contains 34,414 square
feet. More detailed information is available in the
Department of Planning. KFIMSPVILLE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
John L. Perry
Council Members Absent:
None
Councilman Perry ABSTAINED as he was attempting to understand the application.
- 18 -
Item VI -F. I.d. 1.
PLELIC HEARING
PLANNING ITEM # 32040
Upon motion by GouncII wcm an Hen l ey, seconded by Co unc II man Baum, City Co unc i I
ADOFITED:
Ordinance to Amend and Reordain Article 4, Sections
401(a) and 402(b) of the City Zoning Ordinanco
pertaining to Uso Regulations for Duplexes in the
Agricultural Districts
Voting: 11-0
Council Vembers Voting Aye:
Albert W. Balko, John A. Baun, Vice %yor ibbert E.
Fentress, Harold Heischobar, Barbara M. Fienley, Reba
S. McClanan, John D. Moss, Nbyor Meyera E. Oberndorf,
Nancy K. Parker, John L. Pdrry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent;
None
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 4, SECTIONS 401(a) AND 402(b)
OF THE CITY ZONING ORDINANCE
PERTAINING TO USE REGULATIONS FOR DUPLEXES
IN THE AGRICULTURAL DISTRICTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 1. Section 401(a) of the City Zoning Ordinance pertaining
to use regulations for duplexes in the AG-1 and AG-2 Agricultural Districts
be amended and reordained as follows:
Sec. 401. Use regulations
(a) Principal and conditional uses.
The following chart lists those uses permitted within the AG-1 and
AG-2 Agricultural Districts. Those uses and structures in the respective
agricultural districts shall be permitted as either principal uses indicted
by a P or as conditional uses indicated by a C. Uses and structures
indicated by an X shall be prohibited in the respective districts. No
uses or structures other than as specified shall be permitted.
USE AG-1 AG-2
----------------------------------------------------------------
Agricultural and horticultural uses, including
orchards, vineyards, nurseries and the raising
and grdzing of livestock and swine and the
keeping of bees p p
Airports, heliports and helistops c c
Animal hospitals, pounds, shelters, commercial
and residential kennels c c
----------------------------------------------------------------
Borrow pit c c
Cemetery, columbdrium, crematory and mausoleum c c
Child care education centers in connection
with public or private elementary schools
or churches p p
----------------------------------------------------------------
Child care education centers, day nurseries,
other than those permitted as principdl uses
and structures, when not operated by a public
agency c c
Churches c c
Community centers c c
----------------------------------------------------------------
Country inns c c
Drive-in theaters c c
Dwelling, single family addition p p
----------------------------------------------------------------
Dwellings. duplex cx cx
133
USE AG-1 AG-2
---------------------------------------------------------------
Dwellings, single fdMilY c p
Family care homes, foster homes or group homes c c
----------------------------------------------------------------
Fish hatcheries and fish ponds p p
-----------------------------------------------------------------
Forests and forestry p p
Fraternity and sorority houses, student dorm-
itories and student centers; provided thdt
they be located within d one mile radius of
a college or university c c
----------------------------------------------------------------
Gdme preserves p p
Golf courses, including par 3 with a minimum
drea of 10 acres, dnd minidture golf courses c c
Home occupations, including those conducted
outside the principdl structures c c
----------------------------------------------------------------
Homes for the dged, disabled or handicapped,
including convdlescent or nursing homes c c
HospitdIS and sanitariums c c
Lodges for fraternal organizations c c
----------------------------------------------------------------
MarindS, non-connercial and community boat
docks c c
Mdternity homes c c
Monasteries and convents c c
----------------------------------------------------------------
Museums and art galleries when not operated
by a public dgency c c
Private schools having curriculums similar to
public schools c c
Public elementary, intermediate and high
schools, colleges and universities; day
nurseries in connection with public or
private elementary schools or churches p p
----------------------------------------------------------------
Public parks, recreational areas, botanical and
zoological gardens, golf courses, marinds and
other public buildings and uses p p
Public utility installations and substations;
provided offices, storage or maintendnce
facilities shall not be permitted; and provided,
further, that utilities substations other than
individual transformers, shdll be surrounded by
Category V screening, solid except for entrances
and exits; and provided also, transfomer vaults
for underground utilities and the like shdll
require Category I screening, solid except for
access openings p p
Public utility transformer stations @ major trans-
mission lines and towers (50,000 volts or mdre) c c
134
USE AG-1 AG-2
----------------------------------------------------------------
Recreation and amusement facilities of an outdoor
nature other than those specified as principal
uses, which may be Pdrtially or temporarily
enclosed on a seasonal basis, with the approval
of City Council c c
Recredtional campgrounds c c
Retail sales of garden supplies, equipment, and
material, as a subsidiary use to a plant nursery,
provided thdt the sales is enclosed and limited to
a maximum floor area of five hundred (500) square
feet. c c
----------------------------------------------------------------
Riding academies, horses for hire or boarding c c
Shelter for farm employees c c
Storage and maintenance installations for public
utilities c c
----------------------------------------------------------------
Television or other broadcasting stations and
line of sight reldy devices c c
Wells, water reservoirs, and water control
structures p p
That Section 402 of the City Zoning Ordinance pertaining to
dimensional requirements in the AG-1 dnd AG-2 Agricultural Districts
be amended and reorddined as follows:
Sec. 402. Dimensional Requirements
The following chart lists the requirements within the AG-1 dnd AG-2
Agricultural Districts for minimum lot area. width, yard spacing,
maximum lot coverage dnd height regulations for single family dwellings.
(a) For single fdmily dwellings: AGRICULTURAL DISTRICTS
AG-1 AG-2
-----------------------------------------------------------------------
(1) Minimum lot area: Iacre 1acre
(2) minimum lot width: 150 feet 150 feet
(3) Minimum front yard setback: 50 feet 50 feet
(4) Minimum side yard setback: 20 feet 20 feet
(5) Minimum rear yard setback: 20 feet 20 feet
(6) Maximum lot coverage: 15 percent 15 percent
(7) Maximum height: 35 feet 35 feet
(8) The setbdck for any yard that adjoins a major street or right-of-way
designated on the official transportation plan shall be 50 feet.
@@@p"-,a@AG-2-Agf4ew4t-
dAd-he4ght-Fegw4dt4GAS-fGF-dwp4ex-dwe444A9s.
------------------ AGR;GULTURAL-g;STRICIS
AG-1 ----------- AG-2--
-----------------------------------------------------------------------
---------------------- 2-agres -------- 2-acres
------- 159-feet ------- 169-feet
k34 M4A4ffiWM-fFGRt-YaFd-setback; ----------- 69-feet -------- fig-feet
@44 M4R4Riwm-side-yard-set6aek; ------------ 29-feet -------- 29-feet
(64 M4R4fliwm-rear-yard-set6ack; ------------ 29-feet -------- 29-feet
@64 Max4FRwm-4ot-eeveFage; ----------------- 15-perceRt ----- ;6-pereeRt
(74 Max4mwFR-he4ghti ---35-feet --- 36-feet
The following chart lists the requirements within the AG-1 and AG-2 Agricult-
ural Districts for minimum lot area, width, yard spacing, maximum lot coverage
and height regulations for uses and structures other thdn dwellings.
(b) @e4 For uses other than dwellings: AGRICULTURAL DISTRICTS
AG-1 AG-2
-----------------------------------------------------------------------
(1) Minimum lot area: 3 acres 3 acres
(2) Minimum lot width: 150 feet 150 feet
(3) Minimum front yard setbdck: 50 feet 50 feet
(4) The setback for roddside stdnds for dny yard adjdcent to street
shall be 20 feet.
(5) Minimum side yard setback: 20 feet 20 feet
(6) Minimum rear Ydrd setback: 20 feet 20 feet
(7) Maximum lot coverage: 15 percent 15 percent
(8) The setback for any yard that adjoins a major street or right-of-way
designated on the official transportation plan shdll be 50 feet.
(9) There shall be no maximum height requirements for uses other than
dwellings in the Agricultural Districts except that no building or
other structure shall exceed the height limit established by section
202(b) regarding air navigation.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 13 day of November
1989.
136
- 19 -
Item VI-F.l.d.2.
PLELIC HEARING
PLANNING ITEM # 32041
Upon motion by C<)unc i I woman Hen l ey, second ed by Counc i I man MD5S, C!ty Co unc if
ADOPITED:
Ordinance to Amend Section 105 of the City Zoning
Ordinance, pertaining to Nonconfor-ming Uses and
Structures.
Vot I ng 11-0
Council Membmrs Voting Aye:
Albert W. Balko, John A. Baun, Vice Mayor Pobert E.
Fentress, Harold [*Ischober, Barbara M. @nley, Reba
S. t&Clanan, John D. Moss, Veyor Veyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
NDne
1 AN ORDINANCE TO AMEND SECTION 105 OF THE CITY
2 ZONING ORDINANCE, PERTAINING TO NONCONFORMING
3 USES AND STRUCTURES
4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
5 BEACH, VIRGINIA:
6 That Section 105 of the City Zoning Ordinance, pertaining to
7 nonconfoeming uses and structures, be, and hereby is, amended and
8 reordained, and shall read as follows:
9 Sec. 105. Nonconformity.
10 (a) Any otherwise lawful use, structure, or condition of use
11 which existed in conformity to all applicable zoning provisions
12 before this ordinance was adopted or amended but which does not
13 conform to the provisions of this ordinance as a result of its
14 adoption or amendment shall be deemed a nonconformity. Any lot or
15 use or structure situated on a lot which, due to council action in
16 granting a conditional use permit or rezoning, does not meet the
17 minimum dimensional or area requirements of the district in which
18 it is located shall also be deemed a nonconformity.
19 (b) Intent. It is the intent of this ordinance to allow
20 nonconformities to continue until they are removed, but not to
21 allow them to become enlarged, expanded, extended, or relocated
22 except upon resolution of city council as provided for in this
23 section, and not to allow them to be used as grounds for adding
24 other structures or uses prohibited elsewhere in the same district.
25 (c) Continuation. A nonconformity rnay continue provided that
26 it remains otherwise lawful, subject to the provisions set forth
27 in this section. However, no nonconformity shall continue if it
28 ceases for any reason for a period of more than two (2) years.
29 (d) Enlargement or extension of nonconformity. No
30 nonconforming use shall be increased in magnitude. No nonconforming
31 use shall be enlarged or extended to cover a greater land area than
32 was occupied by the nonconformity on the effective date of this
33 ordinance or amendment thereto. No nonconforming use shall be
34 moved in whole or in part to any other portion of the lot, parcel
35 or structure not occupied by the nonconformity on the effective
36 date of this ordinance or amendment thereto, and no nonconforming
37 structure shall be moved at all except to come into compliance with
38 the terms of this ordinance. No nonconforming structure shall be
39 enlarged, extended, reconstructed, or structurally altered, if the
40 effect is to increase the nonconformity. As an exception to the
41 above, any condition of development prohibited by this section may
42 be permitted by resolution of the city council based upon its
43 finding that the proposed condition is equally appropriate or more
44 appropriate to the district than is the existing nonconformity.
45 City council may attach such conditions and safeguards to its
46 approval as it deems necessary to fulfill the purposes of this
47 ordinance. Applications for the enlargement, extension or
48 relocation of a nonconforming use or structure shall be filed with
49 the planning director. The application shall be accompanied by a
50 fee of one hundred twenty-five dollars ($125.00) to cover the cost
51 of publication of notice of public hearing and processing. Notice
52 shall be given as provided by Section 15.1-431 of the Code of
53 Virginia. A sign shall be posted on the site in accordance with
54 the requirements of section 108 of this ordinance.
55 (e) Conversion of a nonconforming use to another use. No
56 nonconforming use shall be converted to another use which does not
57 conform to this ordinance except upon a resolution of the city
58 council approving such conversion, based upon its finding that the
59 proposed use is equally appropriate or more appropriate to the
60 district than is the existing nonconforming use. In the resolution
61 permitting such change, the city council may attach such conditions
62 and safeguards to its approval as it deems necessary to fulfill the
63 purposes of this ordinance. When any nonconforming use is
64 converted to another use, the new use and accompanying conditions
65 of development shall conform to the provisions of this ordinance
66 in each respect that the existing use conforms, and in any instance
2
67 where the existing use does not conform to those provisions, the
68 new use shall not be more deficient. Any use approved by city
69 council shall thereafter be subject to the provisions of this
70 section. Applications for the conversion of a nonconforming use
71 or structure shall be filed with the planning director. The
72 application shall be accompanied by a fee of one hundred twenty-
73 five dollars ($125.00) to cover the cost of publication of notice
74 of public hearing and processing. Notice shall be given as
75 provided by Section 15.1-431 of the Code of Virginia. A sign shall
76 be posted on the site in accordance with section 108 of this
77 ordinance.
78 (f) Damage or destruction involving nonconformities. Any
79 structure or condition of development which is, houses, or is
80 related to a nonconformity may, if involuntarily damaged or
81 destroyed, be reconstructed or restored to its prior condition and
82 location within two (2) years of its being damaged or destroyed,
83 and the nonconformity may continue as before. If it is not
84 reconstructed or restored within two (2) years, then any future
85 construction or reconstruction on, or use of, the affected lot
86 shall be in conformance with the provisions of this ordinance
87 (g) Location of uses and structures on lots not meeting
88 minimum requirements. Any conforming principal or accessory use,
89 conditional use or conforming structure housing such use may be
90 enlarged, extended, constructed, located, or moved on any lot
91 created prior to the effective date of this ordinance regardless
92 of the size or dimensions of such lot, provided that other
93 requirements of this ordinance are met. However, in the case of
94 any lot created or rezoned upon petition on behalf of the property
95 owner on or after the above date, only those uses and structures
96 shall be located on the lot for which the lot meets the minimum lot
97 requirements in the applicable zoning district except as provided
98 in section 221 herein. Any lot not meeting the applicable size or
99 dimension requirements due to goverrlmental action taken on or after
100 the effective date of this ordinance shall have the same rights of
101 development as before said governmental action took place.
3
102 (h) Buildings planned or under construction. Nothing herein
103 contained shall require any change in the plans for construction
104 of any project, or part thereof, for which an active use permit,
105 valid building permit, current approved preliminary subdivision
106 plat or certificate of occupancy was lawfully issued prior to the
107 effective date of this ordinance, or of any amendment thereto.
108 (i) Any resolution adopted by the city council pursuant to
109 the provisions of this section shall remain in effect for a period
110 of twelve (12) months from the date of its adoption and shall
ill thereafter, unless the actual use, construction or other act
112 authorized by such resolution has commenced, be void and without
113 force or effect.-
114 Adopted by the City Council of the City of Virginia Beach,
115 Virginia, on the 13 day of November 1989.
116 WMM/dhh
117 08/08/89
118 CA-89-3377
119 \ordin\proposed\45-105czo.pro
4
- 20 -
Item VI-G.1
ORDINANCE ITEM # 32042
Upon motion by Councilman M:)ss, seconded by Councilman Spssorns, City Council
ADOPTED, upon SECOND READING:
Ordinance to APPROPRIATE $150,000 from Fund Balance
for the development of a Moster Plan for the
Central Business District.
Councilman MDss advised the City Council will APPOINT the Commission to oversee
the consultant's formulation of a master plan for the Cantral Bustness District
during the City Council Session of rbvember 20, 1989.
Vot i ng 10-1
Council %mbers Voting Aya:
Albert W. Balko, John A. Baun, Vice Wayor Robert E.
Fentress, Harold Heischober, Barbara M. Fi5nley, John
D. Moss, Veyor %yera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Vembers Voting Nlay:
Reba S. McClanan
Council Members Absent:
None
I AN ORDINANCE TO APPROPR= $150,000 FROM
2 RM BAIANCE FOR UM D OF A
3 PTAN FOR UM BUS DISMICT
4 the Central Bus@ D@ict Association of V@=a Beach
5 has r Council to erxiorse the Concept Plan as a good basis frm which to
6 develcp a detailed mster plan for the Central Business District;
7
8 the association has reqliested the city to appoint a sion with
9 a specific @ion to appoint a planning consultant and to oversee the
10 consultant's formulation of a master plan for the Central Business District;
11 an estiirated amount of $150,000 is needed to engage a consultant
12 for the preparation of a CBD mster plan and which can be provided by an
13 appropriation frcxn General Fund Balance.
14 NOW, =MRE, BE IT BY TM MNCIL OF UM = OF
15 BEACH, @INIA:
16 @ t funds in the amount of $150,000 are hereby apprcpriated frcm Fund
17 Ba for the f tion of a plm for the central Business District.
18 @ 11 be effective frcm the date of its adcption.
19 Adcpted by the Courr-il of the City of V@mua Beach, V@ima on the
20 13 day of November 1989.
;kPPROVED AS TO
21 F@ Reading: November 6, 1989 LEGAL SUFFICIENCY.
22 Second Rp-ading: November 13, 1989
- 21 -
Item VT-T.1
NEW BUSINESS ITEM # 32043
Art Collins, Executive Director, Southeastern Virginia Planning District
Commission, advised the reason for A TRANSPORTATION FINANCING STRATEGY FOR THE
HAMPTON ROADS REGION. Regional Proposals for Financing Options for Highways,
was to address the huge unfunded highway needs program. The two basic
assumptions for creating the report were: (1) The Federal Government probably
will not be providing any additional funding and certainly less, if any. (2)
Although the results of COT-21 identified a full range of needs, only
approximately one-half of these needs could be financed.
John Hassell, Consultant with Linton, Mields, Reisler and Cottone, and primary
author of A TRANSPORTATION FINANCING STRATEGY FOR THE HAMPTON ROADS REGION.
advised the report is part of the transportation update planning process.
The Federal Program over the last thirty years for highways has essentially
been a program to build the 42,000-mile Interstate system. Funding in the
present bill will essentially complete the last legs of this system. The
Secretary of Transportation in Washington is in the process of reviewing the
National Transportation Policy and recommendations should be forwarded during
the first of the year to Congress.
The COT-21 process resulted in major increase financing from the State for
Transportation. Even though the Federal Government has been essentially static
to slightly declining since the early part of the decade, Virginia is one of
the States that has benefitted more in funding its transportation needs. It is
hard to foresee any significant increases in transportation financing. Having
reached the conclusion that both the Fedreral and State resources are likely
not to increase and at best, though hard work, maintain essential level. A
Strategy has been proposed, which involves the creation of a Hampton Roads
Regional Transportation Finance Authority. Such a Finance Authority would be
able to raise funds across the region to pursue a series of projects of
intraregional scope providing for movement within the Hampton Roads region and
utilize funding based upon a regional finance base rather than depending on
State and Federal funding.
Several sources of possible funding have been reviewed. The Consultants found
none of the revenue sources could come close to meeting the unfunded needs
identified in the transportation planning process. Upon completion of the
transportation plan update, it is anticipated there will be $150- to $200-
MILLION a year in unfunded needs throughout the 20-year life of the Plan. This
amount is based upon known Federal and state resources. To reach the $150- to
$200-MILLION a year investment level, a number of these funding sources would
have to be combined for sufficient revenue to move forward on the projects
required for intraregional movement. Therefore an Intraregional Toll Program
was suggested as a funding source. In examining same, 180 miles around the
region have been identified. An estimate would indicate a potential of raising
approximately $320-MTLLTON a year. This funding source would be more than
adequate to meet the shortfall anticipated in the transportation planning
process.
John Hassell cited the eleven strategies for influencing the Federal program:
Insist on a post-Interstate strategy that increases Federal funding
for rehabilitation of the Interstate system and that meets the
mobility needs of urban and suburban areas.
Encourage the delegation to pursue changes in Federal law which now
restrict local/state options regarding placement of tolls on
Federal-aided highways, bridges and tunnels. Seek legislation to
allow tolls on existing Tnterstate facilities to fund maj'or new
construction and capacity improvements. Insure that the legislation
permits toll revenue from one facility to be available for use on
other facilities under certain guidelines.
- 22 -
Item VI-1. 1
NEW BUSINESS ITEM # 32043 (Continued)
Encourage the Virginia Department of Transportation to take a more
aggressive role in seeking Federal discretionary funds for
transportation and to obligate its regular Federal-aid allocations in
such a way as to position Virginia for high priority consideration
under the discretionary programs.
Work for state agreement on seeking I-4R Discretionary funds over the
next several years for critical Northern Virginia projects to free
regular funds for projects throughout the Commonwealth, and
particularly in Hampton Roads.
Encourage the Federal Government to enact legislation which would
give more funds to those state and local governments which provide
more than the minimum matching share on Federal-aid projects.
Establish a concept for an advocate Federal program for a "system of
national significance" which to the urban/suburban
is responsive
transportation needs of Virginia.
Explore ways to utilize Department of Defense funds to help meet
transportation needs directly related to the needs and requirements
of the military.
If there is a Federal gas tax increase for deficit reduction, the
Region should be part of a national effort to divert as much as
possible to transportation.
Encourage the delegation to have Congress provide additional
obligation authority for the Federal highway program to use the trust
fund balances.
Seek designation of the Hampton Roads Region in the Federal Highway
Administration's Pilot Demonstration Toll Road Program. This is best
done through the appropriations bill and the Region's representatives
must approach the Appropriations Committees early in 1990.
Be prepared to increase local resources as much as possible for
surface transportation. In the near term, it is unlikely that there
will be significant new Federal resources provided for transportation
and it is necessary for the Region and the Commonwealth to be in the
best possible position to provide additional funds to meet necessary
transportation needs for its own resources.
The following recommendations are actions necessary at the local, regional and
state level:
Areas of mutual self-interest between the private sector
and local and state governments in the provision of
transportation services should be explored and
legislation, policies, resolutions, etc., enacted as may
be necessary to encourage private sector participation in
the financing of transportation projects.
Encourage the Commonwealth of Virginia to enact
legislation which would give more funds to those local
governments which raise additional revenues for
transportation projects through local option taxes and
toll projects.
- 23 -
Item VI-I.1
NEW BUSINESS ITEM # 32043 (Continued)
Seek legislation from the Virginia General Assembly which
will allow local governments in the Hampton Roads Region
to develop the necessary financial institutions and
revenue enhancement arrangements to help meet
transportation needs. Work needs to begin now so that a
detailed proposal for the creation of a Hampton Roads
Regional Transportation Finance Authority can be presented
to the General Assembly at the beginning of its 1990
Session.
The development of a strong consensus among the local
governments of the Hampton Roads Region (and its General
Assembly representatives) is a top priority.
A Hampton Roads Task Force of strong local leaders should
be formed immediately to promote these proposals within
the business community and others to provide for a wide
distribution of materials. Technical policy and other
advisory committees also would be organized and begin
drafting a legislative package with supporting information
as soon as possible.
Once the coalition has been solidified within the Hampton
Roads Region, a Statewide Task Force should be officially
formed with representatives from Northern Virginia, the
Richmond area and others as proves desirable. A key step
will then be to obtain the necessary authority from the
General Assembly to create a Hampton Roads Regional
Transportation Finance Authority and to obtain local
option authority for a package of alternative revenue
enhancement opportunities.
The consensus developed should clearly determine whether
or not the recommended role of a Hampton Roads Regional
Transportation Finance Authority should only deal with
finances, policies, project selection and prioritization -
as opposed to also constructing, operating and maintaining
certain highways, bridges, ferries and tunnels.
- 24 -
Item VI-1.2
NEW BUSINESS ITEM # 32044
Robert Matthias, Coordinator Intergovernmental Relations, presented the 1990
LEGISLATIVE PROPOSALS.
REGIONAL ISSUES
1. Real Estate Property Tax Issues
2. Funding of Education
3. Transportation Funding
4. Regional/Local jails
5. Indigent Health Care
FUNDING ISSUES
6. Funding for the Virginia Marine Science Museum
7. Pendleton Child Service Center - Funding for Relocation
8. Purchase of Land for a Four-Year State Supported University
in Virginia Beach
9. State Aid to Libraries
10. State Reimbursement for Marine Patrol Activities.
OTHER ISSUES
11. Growth Mangement
12. Increase in Court Fees
13. Tax Exemption for Water Works Equipment
AGRICULTURAL ISSUES
The General Assembly is requested to retain the localities' ability to use the
real estate tax or any other tax. For example, Virginia Beach's tax rate and
assessment increasing have increased the average tax bill by 50% in the last
several years to meet the needs of the citizens. The General Assembly is
encouraged to allow localities greater flexibility in raising revenues.
Funding of Education: The General Assembly should raise the per capita pupil
allocation for 1990/91 to that amount recommended by the State Board of
Education which reflects the actual cost of the Standards of Quality. The
General Assembly should fully fund all newly mandated programs and should place
public school capital improvement costs into the Standards of Quality and begin
to share in funding such costs. Councilman Moss suggested a separate initiative
to put forth enabling legislation that the State Board of Education's new
requirements would not become mandates until such time as the General Assembly
could fully fund them.
Transportation Funding: The City Manager advised there were two issues related
to transportation: (1) Reallocation of the Interstate Highway Funding;. (2)
Funding issue. Annual maintenance on Interstate 44 is significant and probably
equal to all the urban funds received from the State.
Regional/Local Jails: The Fifty Percent reimbursement for local jails with a
cap of $1.2-MILLION should be modified to allow a 50% reimbursement without a
cap for any facility housing more than 150 prisoners. This would also include
additions that would house more than 150 prisoners. Legislation should be
amended so there will be a guarantee of 50% reimbursement. As per reference of
Mayor Oberndorf, a statement could be inserted noting the reimbursement not
necessarily be a reimbursement perse but perhaps an advance payment.
- 25 -
Item VI-I.2
NEW BUSINESS ITEM # 32044 (Continued)
Indigent Health Care: Require an equitable and adequate distribution of Health
Department funds so that each Virginia resident requiring mandated Health
Department services will have an equal opportunity to receive them statewide. A
regional grant program should be developed to provide for low income medical
care.
Virginia Marine Science Museum: The Commonwealth should appropriate $3-MILLION
for planning and engineering for the expansion of the Marine Science Museum.
Pendleton Child Service Center: The Commonwealth is requested to participate
in a 50% reimbursement for the relocation of the Pendleton Child Service
Center. The new Service Center will include 13,000 square feet and be adjacent
to Kempsville District Park on Centerville Turnpike. Total estimated cost is
approximately $1.1-MILLION.
Four-Year State Supported University in Virginia Beach: The General Assembly
is requested to identify an appropriate site for the location of a state
supported four-year University in the central portion of the City. This study
should be followed with the purchase of the land necessary to accommodate any
placement of such University and any possible expansion through the year 2050.
State Aid to Libraries: The City recommends the General Assembly adopt the
findings of the State Library Board study requested by HJR No. 441.
State Reimbursement for Marine Patrol Activities: The City recommends the
General Assembly appropriate sufficient funds to the Marine Patrol fund so that
all localities can receive their full reimbursement to which they are
statutorily intended.
Growth Management: Councilwoman Henley distributed brochures relative the
Seminar "Innovative Growth Mangement Techniques" SCHEDULED for December 7 and
8, 1989, at the Cavalier Hotel. This Seminar is sponsored by the City of
Virginia Beach and The Lincoln Institute of Land Policy. This entire Conference
will be video-taped.
Increase in Court Fees: The General Assembly should adopt legislation allowing
localities to have court cost, etc. be increased by $6.00 per item as was
recomended by the Substitute House Bill No. 245 submitted during the 1989
Session. The proceeds of these fees will be used for capital cost for court
house retention homes and jail construction, renovation, maintenance and to pay
the staffing cost of personnel involved with those facilities.
Tax Exemption for Water Works Equipment: The General Assembly should amend the
Code of Virginia to exempt certified water works equipment and facilities from
retail sales and use tax.
Mayor Oberndorf referenced a letter from John A. Carbone, Chairman - CSB, dated
November 7, 1989. The Community Services Board requests the City Council
continue to fortify the momentum and bolster the support by adopting a
supporting resolution. The Community Services Board officially passed at the
October 26, 1989, meeting, a Resolution in support of this "Second Wave"
funding. The Governor is currently preparing the budgets for the next Biennium.
Based on formal funding, Virginia Beach will receive just over 5 percent of the
allocation in this process. It is important the second Biennium request of the
Virginia Department of Mental Health, Mental Retardation and Substance Abuse
services receive the City's support if the long range plan is to be realized.
This item will be included in the Legislative Package.
- 26 -
Item VI-I.3
NEW BUSINESS ITEM # 32045
A MOTION was made by Councilman Baum, seconded by Councilman Perry to request
Cox Cable (Channel 11) film the remaining meetings of the Labor Day Review
Commission.
Upon AMENDED Motion by Councilman Baum, seconded by Councilman Perry, City
Council:
APPROVED a Formal Request to the Labor Day
Review Commission that the Commission consider
requesting Cox Cable (ChaDnel 11) film the
remaining meetings of the Commission on Video Tape
with a proviso that previous meetings were not
televised for Video but are available in document
form.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
November 13 1 8
- 27 -
Item VI-1.4
NEW BUSINESS ITEM # 32046
Councilman Perry advised the Farmers Market Restaurant is required to close at
4:00 P.M. according to the terms of their License. This restaurant offers
reasonable meals to Senior Citizens. Councilman Perry requested the hours be
extended. The City Manager will advise.
- 28 -
Item VI-K.I.
ADJOURNMENT ITEM # 32047
Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the
Meeting at 4:55 P.M.
Beverly'M. Hooks
Chief Deputy City Clerk
Oth Hodgeg Smith, CMC
City Clerk
City of Virginia Beach
Virginia