HomeMy WebLinkAboutAUGUST 28, 1989
'WORLD'S LARGEST RESORT CITY'
CrrY COUNCIL
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VICE MAYOR @T E F@PLW, Vili.@ @h &-h
ALBERT W @O L-@ &"@
JOHN A MUM. @. B-h
HAROLD H@MK A. L-
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JOHN L PERRY, &@ @gh
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MUNICIPAL CENTER
AU@Y V. WA-. JR., C@, M.- CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002
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AUGUST 28, 1989
ITEM 1. CITY MANAGERTS BRIEFING Conference Room 4:00 PM
A. VIRGINIA MARINE SCIENCE MUSEUM E)(PANSION
Mr. Mac Rawls, Director
Mr. Verner Johnson
ITEM 11. COUNCIL CONFERENCE SESSION - Conference Room 5:00 PM
A. CITY COUNCIL CONCERNS
ITEM Ill. INFORMAL SESSION - Conference Ro(xn 5:30 PM
A. CALL TO ORDER - Vayor %yera E. Oberndorf
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEN IV. FORMAL SESSION - Council Chamber 6:00 PM
A. INVOCATION: Reverend Andrew J. MacBeth
Eastern Shore Chapel
(CELEBRATING 300th ANNIVERSARY)
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 - August 21, 1989
F. CITY MANAGER'S PRESENTATION
1. SOUTHEASTERN VIRGINIA EXPRESSWAY
Virginia Department of Highways
G. RESOLUTION/ORDINANCE
1. Resolution providing for the distribution of a Preliminary Official
Staternent and an Offering Circular In connection with the issuance
and sale of $40,210,000 General Obligation Public Improvement
Bonds, Series of 1989A, and $2,000,000 General Obligation Public
Improvement Bonds, Series of 1989B (Capital Appreciation
Minibonds), of the City of Vlrginia Beach, Virginia.
2. Ainendment to Ordinance (adopted December 12, 1988) authorizing the
issuance ot General Obligation Bonds of the City of Virginia Beach,
Virginia, in the maximum amount of $26,300,000 for various public
facilities and general Improvements.
H. 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 wili be discussed and voted upon separately.
1. Resolution authorizing the enlargernent of the nonconforming use and
structure located at 603 20th Street, property ot Joy and Russell
Talley.
2. Ordinance to authorize acquisition of property In fee simple for
right-of-way for Independence Boulevard, Phase IIA-2, and the
acquisition of temporary and permanent easements of right-of-way,
either by agreement or condemnation.
Deferred August 21, 1989
3. Ordinance, upon SECOND READING, to ACCEPT and APPROPRIATE a
$112,500 Grant from the Coarnonwealth of Virglnia Department of
Houslng and Community Development for a Homeless Intervention
Program.
4. Ordinance, upon SECOND READING, to ACCEPT and APPROPRIATE $2,590 In
additional state aid funds Into the Department of Libraries
FY 1989-1990 operating budget.
5. Ordinance, upon FIRST READING, to TRANSFER $50,000 for a loan to
Neptune Festival/Ocean Occasions for a "First Night" Performing
Arts Celebration.
6. Authorize the City Manager to designate Fire Chief Flarry E. Diezel
as the Ernergency Management Coordinator.
7. LOW BIDS:
a. NORTH STAR CORPORATION Rudee Inlet Bulkhead $201,045.00
(CIP 2-018)
b. ORDWAY CONSTRUCTION Larkspur Contract 11 $698,741.00
COMPANY (CIP 5-013 & 6-945)
PUBLIC HEARING
1. PLANNING - DEFERRED
a. Application of MURRAY WHOLESALE DRUG CORPORATION for
Conditional Zonin_q Classification from R-7.5 Residential
District to 0-1 Otfice District on Lot 29, Thalia Village (4353
Bo ney Road,@ontaining 3.0239 acres (KEMPSVILLE BOROUGH).
Deferred June 26, 1989
Recommendation: DENIAL
2. PLANNING
a. Application of ROBERT J. RUHL, DEPARTMENT OF ECONOMIC
DEVELOPMENT, for the discontinuance, closure and abandonment of
a portion of Bayside Road beginning at a point 500 teet more or
less Southwest of the Northern tenninus of Air Ral I Road
(BAYSIDE BOROUGH).
Deferred October 10, 1988 and April 10, 1989
Recommendation: FINAL APPROVAL
b. Appl lcation of A. R. C., INC. for a Conditional Use Permit for
a communications tower and equipment buildin@ 1400 feet more
or less Northwest of the Intersection of Kernpsville Road and
Centerville Turnplke, containing 5.92 acres (KEMPSVILLE
BOROUGH).
Recommendation: APPROVAL
c. Application of TAYLOR SALT AND CHEMICAL COMPANY for a
Conditional Use Permit for a bulk storage yard on Lot 32,
London Bridge Industrial Park 11, on the South side of Central
Drive, 1450 feet West of London Bridge Road, containing 1.032
acres (LYNNHAVEN BOROUGH).
Recommendation: APPRO"L
d. Application of VEST AND SONS AUTO SALES, INC. for a Conditional
Use Permit for an auto repair and body work facility on thA
South side of Virginla Beach Boulevard, 325 feet West of First
Colonial Rc)ad (1719 Virginia Beach Boulevard), containing
27,442.8 square feet (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
e. Application of TIDEWATER IMPORTS for a Conditional Use Permit
for a car wash facility on the North side of Virglnia Beach
Boulevard, beginning at a point 418.15 feet East of Cranston
Lane, containing 32,670 square feet (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
f. Application of TALC ASSOCIATES for a C)onditional Use PerTnit for
motor vehicle sales and rentals on the West side of Broad
qadows Boulevard, 159.51 feet North of Newtown Road,
containing 33,106 square feet (BAYSIDE BOROUGH).
Recommendation: APPROVAL
g . Appllcation of RICK G. and ANNE B. SPALENKA for a Conditional
Use Pe rm I t f or reta I I sa I es o f q ard "n nd nursery suppl les on
ut f -rowe
the West side of Princess Anne Road S: h North 5 Koad
(1057 Princess Anne Road), containing 3.74 acres (PUNGO
BOROUGH).
Recommendation: APPROVAL
h. Appllcation of EDWIN and FRANCES NELSON for a Conditional Use
Permit for a duplex on the South side of Indian River Road,
2850-feet East of Princess Road (1825 Indian River Road),
containing 1.9 acres (PUNGO BOROUGH).
Racommendation: DENIAL
i. Application of DAVID M. LUSTIG for a Variance to Section 4.4(d)
of the Subdivision Ordinance which requires all lots created by
subdivision to have direct access to a public street, located
at 1605 Bluecher Court (LYNNHAVEN BOROUGH).
Recommendation: DENIAL
J. Application of JOSEPH NASSI for a Variance to Section 4.4(b) of
the Subdivision Ordinance which requires all lots created by
subdivision to meet all requirements of the Zoning Ordinance,
at 8006 and 8008 Atlantic Avenue (LYNNHAVEN BOROUGH).
Recommendation: DENIAL
k. Application of ROBERT W. WOODHOUSE Ill for a Variance to
Section 4.4(b) of the Subdivlsion Ordlnance which requires all
lots created by subdlvlsion to meet all requirements of the
Zoning Ordinance, on the East side of S. Woodside Lane,
Southwest of the Intersection with Ad am Keeling Road
(LYNNHAVEN BOROUGH).
Recommendation: DENIAL
J. APPOINTMENTS
DEVELOP14ENT AUTHORITY
PUBLIC LIBRARY BOARD
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
CITY COUNCIL SESSIONS CANCELLED
SEPTEMBER 4, 1989
LABOR DAY
SEPTEMBER 25, 1989
APTA CONFERENCE
ROSH HASHANNAH: SEPTEMBER 30, 1989
(Not a scheduled Session)
OCTOBER 9, 1989
YOM KIPPUR
(Rescheduled to October 30, 1989)
OCTOBER 16, 1989
VIRGINIA MUNICIPAL LEAGUE
(Rescheduled to October 30, 1989)
CITY COUNCIL SESSIONS RESCHEDULED
OCTOBER 30, 1989 2:00 PM
RESCHEDULE OF OCTOBER 9 and 16
Administrative/Planning Items
Al I other Sessions wi I I be In accordance
with the City Code
cmd
8/23/89
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virglnla Beach, Virginia
August 28, 1989
The CITY MANAGER'S BRIEFING to the VIRGINIA BEACH CITY COUNCIL was called to
order by Mayor Meyera E. Oberndorf in the Conference Room, City liall, on
Monday, August 28, 1989, at 4:00 P.M.
Council Members Present:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley
Reba S. McClanan, John D. Moss, Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Absent:
John A. Baum (ENTERED: 4:10 P.M.)
John L. Perry (ENTERED: 4:20 P.M.)
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C I T Y M A N A G E R 'S B R I E F I N G
VIRGINIA MARINE SCIENCE MSEUM
11:00 A.M.
ITEM # 31702
C. Mac Rawls, Director of the Virginia Marine Science Museum, advised the City
of Norfolk is building Nauticus, a $50- to $60-MILLION facility, planned for
opening within the next five or six years. Hampton is building an air and space
museum of approximately 100,000 square feet. Next month, the Mariner's Museum
is opening an addition to its facility, the Chesapeake Bay llall. When this
addition opens, the Marine Science Museum will no longer be the Museum with the
most exhibits devoted to the Chesapeake Bay. The Master Plan for the expansion
of the Museum entailed approximately a year to compile and involved members of
City Council, individuals not associated with the Museum and the Virginia
Marine Science Museum Foundation. Mac Rawls introduced those members of the
Foundation in attendance: Mrs. Sarah Boyd - Chairman of the Exbibits Committee;
Dean Lee - Trustee/President of Chamber of Commerce; and, Van Cunningham -
President.
C. Mac Rawls further introduced E. Verner Johnson, who was the design architect
for the current facility and the architect for this Master Plan. E. Verner
Johnson has designed more science museums throughout the Country than any other
architect. He has an active practice in the United States, as well as oversees
with two major museum projects in Hong Kong and one in New Zealand.
E. Verner Johnson advised the concepts and the accomplishments of the Marine
Science Museum have gained both a National and Tnternational reputation within
the science museum community. It is being held up as a model for new science
museums for the Twenty-first Century. The first step in the planning was to
analyze the entire site. Tlie basic @laster Plan has a number of components:
New South Building
Salt Marsh Preserve
New Northeast Building
New North Building
Expanded North and South Parking Lots.
In concept, these components have been used to form an "end weighted"
arrangement which weights the south and north ends of the site with new
structures and establishes the Salt Marsh Preserve between them. The New South
Building houses exhibits and programs which focus on the inhabitants and
process of the estuarine marsh environment. The principal components of the New
South Building encompass:
Orientation Theatre
Discovery Room
River Otter Habitat
The Aviary
Micro-Tnsect Zoo
Food Concession Area
The Salt Marsh Preserve encompasses:
Interpretive Trails
Shuttle System
Animal Habitats
Observation Platforms and Blinds
Observation Tower
Erosion Council Facilities
Woodland Clearing and Woodland Garden
Osprey Platform
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C I T Y M A N A G E R 'S B R I E F I N G
VIRGINIA MARINE SCIENCE MUSEUM
ITEM # 31702 (Continued)
The New Northeast Building encompasses:
Improvements to the Existing Facility
Orientation Exhibit Gallery
Marine Mammals Demonstration Area and Support
Facilities
The New North Building encompasses:
Deep Ocean Exhibits
Owls Creek Observation Gallery
Sixty-six (66) new stalls will be installed at South Parking and seventy-five
(75) new stalls at North Parking.
Summary of Preliminary Project Budgets:
New South Building $ 5,750,000
Salt Marsh Preserve 1,450,000
New Northeast Building 6,700,000
New North Building 10,750,000
South and North Parking Expansion 170,000
Renovation to Existing Building 750,000
TOTAL $25,570,000
(This encompasses an additional 75,000 square feet of indoor space.)
The Operating Budget projected for the new facility is $2,950,000. Staffing
costs represent 53%. The Operating Budget includes everything entailed in the
operation of the facility. A 15% contingency (approximately $380,000) has been
added to this Operating Budget.
Visitation of 650,000 to 850,000, compared to the present 350,000, is expected.
The existing visitation is limited basically because of four criteria:
Lack of parking
Size of existing facility
Number of existing exhibits and programs
Lack of food service
When the Operating Revenues are projected, based on the attendance figure of
650,000 to 850,000, surpluses of approximately $1-MILLION to $2-MILLION are
identified. A median figure of $1-1/2-MILLION could potentially finance a good
portion of the capital cost of the project in terms of bonding.
A combination of state, city and private funding sources are desired.
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C I T Y M A N A G E R 'S B R I E F I N G
VIRGINIA MARINE SCIENCE 14USEUM
ITEM # 31702 (Continued)
Mac Rawls will provide information relative the contribution from the State to
the Newport News Mariners Museum and the Museum in Hampton. Mac Rawls advised
the majority of the planning funds for the Norfolk project comes from a $3-
MILLION allocation from the State.
E. Verner Johnson advised Councilman Balko the expansion would most probably be
a franchise operation rather than using City employees, as this has been
successful in most Science Museums.
The assumption is the Erosion Coramission will be relocated. The entrance to the
parking lot will be changed with the General Booth Boulevard project.
Verner Johnson advised it is strongly recommended the entire project be
executed at one time. If the project must be phased, the recommendation is to
build a South building in order to capture the parking and to be able to
basically preserve the marsh. This would provide the outdoor space and have a
significant attraction at this particular phase.
Verner Johnson advised the City's current contribution of $300,000 per year was
assumed, even though the facility was four times as large.
The City Manager advised the cost of relocating the Erosion Commission would be
provided.
The Baltimore Aquarium will still be larger in terms of its overall square
footage. However, Baltimore is 98% an aquarium. The Marine Science Museum is
one-half marine science and one-half aquarium. This balance has not been
duplicated in other areas of the Country. Thus the Marine Science Museum is
unique in this concept.
5
IT EMS OF T HE C IT Y MANA GE R
ITEM # 31703
The City Manager referenced the City Council, last year in examining the
Capital Improvement Program and discussions within the Operating Budget,
requested opportunities be examined in the new State Law, as it relates to the
methodology the City might finance some highway projects. The City Staff has
examined several approaches and the most favorable appears to be using a
portion of the City's state road allocation for debt service. This is an
alternative not available in the past. Participation in the program requires
Council to approve a resolution. The City Staff has been working with VDOT
since early Sumer and appears to have developed a strategy which meets their
needs and concerns. A resolution, as required by law, will hopefully be
brought forward as part of the CIP.
ITEM # 31704
The City Manager distributed a letter of August 28, 1989, relative Operating
Budget projects funded contingent upon receipt of adequate ending balances. The
City Council funded certain Operating Budget projects and activities contingent
upon projected year-ending balances. While completely final figures are not yet
available, it is now certain the City will have sufficient funds to address
those projects Council desired. The City Manager requested the Departments
responsible proceed with acquisition and implementation of approved projects:
Library Books $300,000
Fire Ladder Truck 450,000
Pavilion Roof Renovations 210,000
Additional Traffic Signals 274,000
Sixteen Patrol Officers and
two Sergeants with support costs 805,000
Two Zoning Inspectors with
support costs 62,000
Contracted Stormwater Piping
and Driveway Renovation 202,000
Additional Marine Patrol
Crew and Equipment 103,000
ITEM # 31705
The City Manager distributed a TENTATIVE COUNCIL CIP REVIEW SCHEDULE:
Monday, September 11 Presentation of CIP to City Council
Transmit CIP to Planning Commission
September 11 - October 18 Planning Commission review and
Public Hearing
Recommendation to City Manager and
City Council
Monday, October 2
(Regular Meeting) WORKSHOP
Monday, October 23
(Regular Meeting) WORKSHOP
Sunday, October 29 Advertise for Public Hearing
November 8, 1989, at Pavilion
Sunday, November 5 Advertise for Public Hearing
November 8, 1989, at Pavilion
First ad required for Bond
Authorization Hearing November 20,
1989, and CIP appropriation
Wednesday, November 8 PUBLIC HEARING
7:00 P.M. - PAVILION THEATRE
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IT EMS OF T HE C IT Y MANA GE R
ITEM # 31705 (Continued)
Sunday, November 12 Second ad required for Bond
Authorization Hearing November 20,
1989, and CIP appropriation
Monday, November 13 RECONCILIATION WORKSHOP
(Regular Meeting)
Monday, November 20 PUBLIC HEARING and FIRST READING
(Regular Meeting)
Monday, November 27 SECOND READING and ADOPTION
(Regular Meeting)
Councilman Moss sug-.ested the PUBLIC HEARING of November 8, 1989, should be
held at a more cen tral location than the Pavilion, perhaps Princess Anne High
School. The City Manager will investigate. Councilman Moss also requested a
notice at the Public Library information desk indicating the CIP document is
available within the Library for review.
Councilman Balko advised the NATIONAL LEAGUE OF CITIES is SCHEDULED for
November 25 - 29, 1989. Mayor Oberndorf, Council Members Parker, Sessoms and
Balko will be attending. The City Council requested alternate dates be advised
for the SECOND READING. The City Manager suggested December Fourth.
Councilman Moss requested information be provided relative the issues brought
forward in the previous Informal City Manager Public Workshops.
Vice Mayor Fentress inquired relative a time frame for the renovation of the
roof of the Pavilion. The City Manager advised details will be provided.
ITEM # 31706
The City Manager distributed a newspaper article, which Councilman Heischober
brought to his attention, from The Warren Record, Warrenton, North Carolina,
entitled: "Pipeline Hurdle Cleared" relative Lake Gaston.
ITEM # 31707
Due to the heavy rainfall, there has been considerable irritation with
mosquitoes. The City used to spray just in the evening hours and on the
weekdays. Now, the City sprays from 4:00 A.M. to 8:00 A.M. in the mornings as
well as the evenings and the weekends. The City Manager was not positive this
amount of spraying would satisfy the needs. The City Manager might have to
investigate issues associated with aerial spraying operations. The Health
Department is carefully monitoring the situation.
ITEM # 31708
The City Manger referenced the Ordinance in the discontinuance, closure and
abandonment of a portion of Bayside Road beginning at a point 500 feet more or
less Southwest of the Northern terminus of Air Rail Road (BAYSIDE BOROUGH), in
the petition of ROBERT J. RUHL, DEPARTMENT OF ECONOMIC DEVELOPMENT (See Item
IV-I.2.a. PLANNING). Because of issues relative the closing of this particular
property, the City Manager requested the DEFERRAL of this item until September
11, 1989.
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C 0 N C E R N S 0 F T H E M A Y 0 R
ITEM # 31709
Mayor Oberndorf distributed a copy of a letter from Mrs. Sandy Burson
expressing concern relative the article in the August Twenty-third edition of
the Ledger Star newspaper relative HUD (Said letter is hereby made a part of
the record.).
Mayor Oberndorf will respond to this correspondence and requested each of the
Members of Council also reply.
ITEM # 31710
Mayor Oberndorf extended the invitation of Mrs. Helen Shropshire, United
Council of Civic Leagues, to the Members of City Council hoping they would
come to the Beach to welcome the guests attending GREEKFEST.
- 8 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 31711
Jerald Banagan, Real Estate Assessor, responded to City Council concerns
relative his Memorandum concerning appraisal of a hotel. Councilwoman McClanan
inquired as to the determination of the particular form of appraisal. Jerald
Banagan advised there were three approaches of value all of which are
incorporated into the appraisal. One line of approach in hotels for the City is
a cost-less depreciation issue tempered by the amount of sales. Certainly when
an appeal is performed, the City views income. Income is asked for every year
as in other properties, i.e., the one line approach on office buildings. It is
the appraisers job to correlate the three approaches. In this particular
instance, the appraiser's value was much closer to income than the other
approaches. The appraiser was hired as there was a problem. Jerald Banagan
advised any hotel or motel owner could come forward and do the same thing.
Jerald Banangan advised there was one hotel at the beach which was built with
no oceanfront rooms, thus their income would not substantiate the typical
construction costs.
To this particular hotel, there have been three transfers of this piece of
property. This particular hotel had been owned by a bank in Washington State.
Jerald Banagan, advised this situation was not typical and the approach
utilized on the typical hotels did not apply. The majority of appraisals are
based on sales price and cost-less depreciation.
TTEM # 31712
Councilman Baum referenced the BLACKWATER FLY SWATTERS from Councilman Balko.
ITEM # 31713
Councilman Baum referenced the letter of August Twenty-third from the City
Manager relative the Governor's extension by thirty days of the Public Comment
period on the Chesapeake Bay Assistance Act. The Chesapeake Bay Local
Assistance Board will consider whether farmers will be able to use the concept
of equivalency in the provision of buffers around their fields. Also, the Board
will be reviewing the septic tank requirements dealing with regular septic tank
pump outs and whether a secondary drain field for each septic tank should be
required.
Councilman Baum advised the septic tank situation has a very adverse affect on
the rural areas. Councilman Baum requested the Health Department, Louis E.
Cullipher - Director of Agriculture and Bart Tuthill - Soil Scientist,
investigate and formulate an appropriate reply. Installing a separate septic
field just to be safe would necessitate additional acreage. Councilman Baum did
not agree this item was of lesser concern. In the rural areas, same is a major
concern. It should be proved these additional steps are necessary.
Councilman Perry believed there should be standards. North Carolina has
developed a septic tank system that works for far less than $1,000.
The City Manager advised the desire is to have a workable system that precludes
affluent from going into the tributaries of the Chesapeake Bay. The City
Manager will have the response available at the City Council Meeting of
September 11, 1989.
ITEM # 31714
Councilman Moss referenced the funds spent on Electronic Mapping. Benefit
should be derived by utilizing same on a flat screen display in the City
Council Chamber. Councilman Moss said the maps related to the rezoning items
require improvement.
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C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 31715
Councilman Moss wished the issue of pedestrian crosswalks on the Boulevard be
accelerated. Councilman Moss is aware of VDOT's position, but in view of public
safety, feels said crosswalks are desirous.
ITEM # 31716
Councilman Balko suggested one of the City cars be utilized as a test vehicle
to run on propane, methane or other "cleaner burning" fuel. Numerous articles
have been written relative cars of the future being powered by fuels other than
gasoline.
TTEM # 31717
Councilwoman Parker referenced the application of Bogie Dog, Inc., for a
Variance from the on-site parking requirements of Section 203 of the City
Zoning Ordinance.
Assistant City Attorney William Macali advised the applicant was the long term
leasee of the property which is on the southeastern corner of Cyprus and
Nineteenth Street. zoned RT-3. There is now a vacant building on the property.
The owner had desired to put a restaurant in this building Forty-seven (47)
parking spaces would be required. The applicants were only able to provide
thirty-six (36) parking spaces on the site. The applicants came forward with
binding leases for an additional twenty-seven (27) spaces at the Wave Riding
Vehicles building and Warings Gym; thus, making a total of sixty-three (63)
spaces. On July 19, 1989, the Board of Zoning Appeals DENIED the Variance. The
applicants appealed. On August 9, 1989, the Circuit Court reversed, upon
conditions, the decision of the Board of Zoning Appeals.
A Resolution requesting the Board of Zoning Appeals appeal a Decision of the
Circuit Court to the Supreme Court of Virginia relative the application of
Bogie Dog, Inc., shall be ADDED-ON under NEW BUSINESS.
Vice Mayor Fentress requested the City Staff investigate the City Zoning
Ordinance relative Hotels in the RT-1 Districts to determine whether same is
correct.
ITEM # 31718
Councilman Perry requested William Macali provide information relative all the
conditions which one can grandfather a zoning on a piece of property.
ITEM # 31719
Councilwoman Henley advised Virginia Power is proposing a Transmission Line and
new Substation that will go from their Landstown Substation across West Neck
and the West Neck Creek over to Pungo. Several months ago, Mrs. McClanan,
Councilwoman Henley and staff members were made aware of their proposal as a
courtesy. The information is just now being relayed to the Community. Virginia
Power should work to conform with the City's Comprehensive Plan and perhaps
would not require this kind of power source in this area. Councilwoman Henley's
concern is Virginia Power might drive development into that area contrary to
the City's Comprehensive Plan. Councilwoman Henley also expressed concern as to
whether the substation proposed is a principal use or a conditional use. The
sites under negotiation are under seven and nine acres respectively, both of
which seem rather large. Councilwoman Henley advised Virginia Power seemed to
be attempting to devise a more favorable location with some of the property
owners for the Transmission Line; however, Virginia Power does not seem to be
negotiating the Substation. The residents who are aware are from one small
area. Virginia Power conducted a Public Meeting June 6 and 7, 1989, at
Princess Anne Junior High School.
Councilwoman Henley requested the City Attorney advise relative the City's
position concerning matters of this nature.
Acting City Attorney Kevin Cosgrove advised Councilman Baum, Virginia Power has
powers of condemnation.
- 10 -
ITEM # 31720
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Conference Room, City 'iall Building, on
Monday, August 28, 1989, at 5:40 P.M.
Council Hembers Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Nancy K. Parker, John L.
Perry, Mayor Meyera E. Oberndorf and William D.
Sessoms, Jr.
Council Members Absent:
None
- 11 -
TTEM # 31721
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 or consideration of prospective candidates
for appointment of specific public officers, appointees, or employees
pursuant to Section 2.1-344(A)(1). (1) City Council appointed boards and
commissions.
Upon motion by Vice Mayor Fentress, seconded by Councilman Moss, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice @layor 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
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F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
August 28, 1989
6:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday,
August 28, 1989, at 6:00 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
INVOCATION: Reverend Andrew J. MacBeth
Eastern Shore Chapel
(CELEBRATING 300th ANNIVERSARY)
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 13 -
Item IV-D.
RESOLUTION
IN RECOGNITION ITEM # 31722
ADD-ON
Mayor Oberndorf PRESENTED a RESOLUTION IN RECOGNITION to:
E A S T E R N S H 0 R E C H A P E L
This Resolution RECOGNIZED the 300th ANNIVERSARY of the EASTERN SHORE CHAPEL.
While the actual date of the first Eastern Shore Chapel is in doubt, a court
order of September 17, 1689, refers to its existence; however, it is thought to
have had its origin at an earlier time. Through each of the four chapel
buildings, love, commitrient, dedication and devotion have dwelled and
prevailed.
Reverend Andrew J. MacBeth ACCEPTED this Resolution.
the histiar!j of America is xine cf a natij3n at Wlirk. People helping
penple and jiaining tagether tn builb a better societb. the aedicatian and
cxmmitment of the first settlers laia the faundatinn for a graming anb presperaus
America. America was built upon inbivibual initiative, a cvmpetitive spirit and an
intense pribe iv the achievements nf a new natil3n.
: Virginia Beach has made her mark nn histarI3 with manb histnrical
claims, one nf which is the EU@ SHORE which spans three centuries. Frnm
its humble beginnings as a "Chapel nf Ease", serving settlers iin the eastern shore
of the fbnnhaven River at the heab xif Malt Snare Creek in the fbnnhaven Parish tn
its present Incatixin, it has been in cvntinuiaus service and the Citij af I)irginia
Beach has grawn from its small beginnings txi the largest citg in the tjammnnwealth vf
Virginia. B)hile the actual date of the first Eastern $hnre Chapel is in bxiubt, a
caurt order af September 17, 1689, rgfers txi its existence; hawever, it is thiaught
to have bab its origin at an earlier time. In 1724, Joel Cnrnick bxinated the lanb
for thg secnnb 'Fastern Shnre Chapel frxim a pxirtinn nf the alb %alisburb lllains
Plantatinn. In 1754, ithe Chapel became a large brick caltinial church which served
the congregatian fiar nearl@ twxi hundred !Iears. Eastern Share Chapgl survived the
Revnlutionarg War, the revrganizatijan anb the transfer nf supervisign from thg
Church of England tn the New Protestant Fpiscapal Church as well as the Mar Between
the States. Crowth anb expansion laf the Oceana Naval Air Statian, in the earlg
1950's, necessitated a nwve txi the present site. Chis was a genercus gift bB Ii. C.
.$mither and his baughtgr, Hglen $mither Eager. Mang ct the minbows, dnar frames,
pews, stairma@ to the gallerg and the crnss xin tap of the Chapel were Invin.GIB =ved
frnm the previous (third) Chapel ta insure that thp architectural stgle was
maintained. Che first service in the new building was April 18, 1954; ana,
: Zhe Chapel is rich in histarI3 anb traditinn. Che pexiple make the
church. through each af the fxiur chapel buildings, Iiive, cnmmitment, bebicatiian and.
deviatixin have bwelled anh prevaileb.
NOR, tl@OU, BE IC UMFM-- the I)irginia Bearh Cit2 Cnuncil rectigni?es:
I
E A .1 9 E R x % 0 0 R E c n A p E f
fiar its contribution to the histarg, tradition anb griamth af I)irginia Beach in
tribute to thnse wha have serveb, wha are serving tadab and wha will carrg these
values into tnmarrow.
Given under mg hand anb seal this TwentB-eighth
baB jaf August, Nineteen Hunbred and rightg-
Nine.
ma!jor
- 14 -
Item TV-D.l.
CERTIFTCATION OF
EXECUTIVE SESSION TTEM # 31723
Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council
ADOPTED:
CERTIFTCATION OF EXECUTIVE SESSTON
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 this Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
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
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to
the affirmative vote recorded here 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 Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies; and, (b) only such public business matters as
were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
MOTION;
Upon motion by Vice Mayor Fentress, seconded by Councilman Moss, City Council voted to proceed
into EXECUTIVE SESSION to consider:
1. PERSONNEL MATRERS: Discussion or consideration of prospective candidates for appointment
of specific public officers, appointees, or employees pursuant to Section 2.1-344(A)(1).
(1) City Council appointed boards and commissions.
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 Meeting:
None
-Kuth Hodges-Smith, CMC/AAE
,City Clerk
- 15 -
Item IV-E.I.
MINUTES ITEM # 31724
Upon motion by Councilman Fentress, seconded by Councilman Heischober, City
Council APPROVED the Minutes of the INFORMAL & FORMAL SESSIONS of August 21,
1989.
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, !4ayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 16 -
Item IV-F.I.
CITY MANAGER'S PRESENTATION
SOUTHEASTERN VIRGINIA ITEM # 31725
EXPRESSWAY
C. Oral Lambert, Jr. , Director of Public Works, introduced Jim Cleveland,
District Office, Virginia Department of Transportation.
Jim Cleveland advised the scheduled dates relative the Planning Review Process
and Public Hearings:
PLANNING REVIEW:
VIRGINIA BEACH PAVILION September 11 and 12
12:00 NOON to 8:00 P.M.
CHESAPEAKE HOLIDAY INN September 18 and 19
12:00 NOON to 8:00 P.M.
PUBLIC HEARINGS
VIRGINIA BEACH PAVILION September 25 and 26
2:00 P.M. to 9:00 P.M.
CHESAPEAKE HOLIDAY INN September 27 and 28
2:00 P.M. to 9:00 P.M.
Newsletters with this SCHEDULE will be forwarded to all individuals contained
in the State's mailing list. This SCHEDULE will also be posted be in the local
newspapers.
Citizens who wish to present comments and suggestions at the Public Hearing
should call: 463-4630. Times will be scheduled for individual comments, which
will be limited to five minutes. There will be a separate room with a video
presentation relating details of the SOUTHEASTERN EXPRESSWAY. Maps, drawings
and the Draft EIS document will be available. City Council Members are
requested to attend the PLANNING REVIEW and PUBLIC HEARING SESSIONS.
The PLANNING REVLEW SESSIONS are informal with the Consultant available to
discuss the proposal with individual citizens on a one-to-one basis. The PUBLIC
HEARING SESSIONS entail comments from interested citizens and will be recorded
and transcribed into a document for public viewing and City Council review.
Mayor Oberndorf advised September 11 and 18, 1989, were regularly scheduled
Virginia Beach City Council Sessions.
- 17 -
Item IV-G.I.
RESOLUTION/ORDINANCE ITEM # 31726
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council ADOPTED:
Resolution providing for the distribution of a
Preliminary Official Statement and an Offering
Circular in codnection with the issuance and sale
of $40,210,000 General Obligation Public
Improvement Bonds, Series of 1989A, and $2,000,000
General Obligation Public Improvement Bonds, Series
of 1989B (Capital Appreciation Minibonds), of the
City of Virginia Beach, Virginia.
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
I RESOLUTION PROVIDING FOR THE DISTRIBUTION
2 OF A PRELIMINARY OFFICIAL STATEMENT AND AN
3 OFFERING CIRCULAR IN CONNECTION WITH THE
4 ISSUANCE AND SALE OF $40,210,000 GENERAL
5 OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES
6 OF 1989A, AND $2,000,000 GENERAL PUBLIC
7 IMPROVEMENT BONDS, SERIES OF 1989B (CAPI-
8 TAL APPRECIATION MINIBONDS), OF THE CITY
9 OF VIRGINIA BEACH, VIRGINIA
10 WHEREAS, the issuance of $32,310,000 bonds of the City
11 of Virginia Beach, Virginia (the City), was authorized by an
12 ordinance adopted by Council on August 28, 1986, and approved by
13 the qualified voters of the City at an election held on November
14 4, 1986, to finance continuing development of the City's school
15 system, $29,400,000 of which bonds have been sold; and
16 WHEREAS, the issuance of $40,000,000 bonds of the City
17 was authorized by an ordinance adopted by the Council on August 28,
18 1986, and approved by the qualified voters of the City at an
19 election held on November 4, 1986, to finance continuing
20 development of the City's street and highway system, $17,150,000
21 of which bonds have been sold; and
22 WHEREAS, the issuance of $32,850,000 bonds of th6 City
23 was authorized by an ordinance adopted by the Council on August 17,
24 1987, and approved by the qualified voters of the City at an
25 election held on November 3, 1987, to finance the acquisition,
26 construction, improvement, renovation and equipping of community
27 recreational facilities, $5,000,000 of which b.onds have been sold;
28 and
29 WHEREAS, the issuance of $26,300,000 bonds of the City
30 was authorized by an ordinance adopted by the Council on December
31 19, 1988, without being submitted to the qualified voters of the
32 City, for various public improvement purposes, none of which bonds
33 have been issued and sold;
34 WHEREAS, it has been recommended to the Council by
35 representatives of Government Finance Associates, Inc. and
36 Goverriment Finance Research Center (the Financial Advisors) that
37 the City issue and sell, as a single issue of general obligation
38 public improvement bonds, $2,910,000 of the bonds for schools,
39 $4,000,000 of the bonds for streets and highways, $7,000,000 of the
40 bonds for community centers, and $26,300,000 of the bonds for
41 various public improvements (the Series 1989A Bonds) , and issue and
42 sell, as a single issue of general obligation public improvement
43 bonds (capital appreciation minibonds) $2,000,000 of the bonds
44 authorized for streets and highways (the Series 1989B Bonds); and
45 WHEREAS, there has been presented to this meeting a
46 printer's proof dated August 23, 1989, of a Preliminary official
47 Statement (the Preliminary official Statement), relating to the
48 issuance of the Series of 1989A Bonds and the Series of 1989B Bonds
49 and a draft dated August 23, 1989, of an offering Circular (the
50 Offering Circular), relating to the issuance of the Series of 1989B
51 Bonds;
52 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
53 BEACH, VIRGINIA, that the Preliminary Official Statement and the
54 Offering Circular which are hereby approved for printing and
55 distribution to prospective purchasers of the Series 1989A Bonds
56 and the Series 1989B Bonds, and shall be in substantially the forms
57 submitted to this meeting, with such completions, omissions,
58 insertions and changes as the Assistant City Manager for
59 Administration, upon consultation with such persons as he
60 determines, including the Financial Advisors, considers to be in
61 the best interest of the City in the sale of the Series 1989A Bonds
62 and the Series 1989B Bonds.
63 Adopted by the Council of the City of Virginia Beach,
64 Virginia, on the 28 day of August 1989.
65 08/24/89
66 minibond.ord
APROVED AS TO CONTENTS
31rNATURE
DEPARTI-AENT
APPROVED AS TO LEGAL
Item IV-G.2.
RESOLUTION/ORDINANCE ITEM # 31727
Upon motion Councilman Heischober, seconded by Vice Mayor Fentress, City
Council APPROVED, upon FIRST READING:
Amendment to Ordinance (adopted December 12, 1988)
authorizing the issuance of General Obligation
Bonds of the City of Virginia Beach, Virginia, in
the maximum amount of $26,300,000 for various
public facilities and general improvements.
Voting: 11-0
Council Members Votin-. Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Ileischober, 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
I AMENDMENT TO ORDINANCE AUTHORIZING
2 THE ISSUANCE OF GENERAL OBLIGATION BONDS
3 OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
4 IN THE MAXIMUM @40UNT OF $26,300,000
5 FOR VARIOUS PUBLIC FACILITIES
6 AND GENERAL IMPROVEMENTS
7 WHEREAS, the Council of the City of Virginia Beach,
8 Virginia (the City), by an ordinance adopted on December 19, 1988,
9 (the ordinance), authorized the issuance of general obligation
10 public improvement bonds in the maximum amount of $26,300,000 to
11 finance certain projects, in the amounts set forth therein; and
12 WHEREAS, the city desires to amend the ordinance to
13 reallocate the maximum amount of $26,300,000 among the projects set
14 forth therein;
15 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
16 BEACH, VIRGINIA:
17 1. The Ordinance is amended to provide that the public
18 improvement bonds of the City, be issued in the maximum amount of
19 $26,300,000, and be used to provide funds, together with other
20 funds that may be available, in amounts, reallocated among the
21 purposes set forth in the Ordinance as follows:
22 School projects, including site $8,499,925
23 and improvements, planning, design,
24 construction, renovation, expansion,
25 equipping and furnishing of schools
26 and related facilities.
27 Engineering and highway projects, 9,437,976
28 including site acquisition and
29 improvements, design, planning,
30 construction, improvement, replacement,
31 expansion and extension of streets,
32 highways and bridges.
33 Drainage projects, including dredging 1,638,858
34 the Eastern Branch of the Lynnhaven
35 River.
36 Building projects, including site 6,723,241
37 acquisition and improvements, design,
38 planning, construction, improvements,
39 renovation, expansion, equipping and
40 furnishing of the Kempsville Public
41 Safety and Library Services facilities,
42 and the Correction Center.
43 $26,300,000
44 Aiiy amount not needed for any of such purposes may be
45 used for any other of such purposes. The bonds may be issued as
46 a separate issue or combined with bonds authorized for other
47 purposes and sold as part of a combined issues of public
48 improvement bonds.
49 2. All ordinances or parts of ordinances in conflict
50 herewith are repealed.
51 3. This Ordinance shall take effect immediately.
52 Adopted by the Council of the City of Virginia Beach,
53 Virginia, on the day of 1989.
54
55 08/23/89
56 bondamen.ord
FIRST READING: August 28, 1989
AIF
- 19 -
Item IV-1.
CONSENT AGENDA ITEM # 31728
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED in ONE MOTION Ttems 2, 3, 4, 5, 6 and 7 of the CONSENT AGENDA.
Item I was pulled for a separate vote.
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.
louncil Members Voting Nay:
u
None
Council Members Abstaining:
Vice Mayor Fentress and Councilman fleischober
VERBAILY ABSTAINED on Item IV-H.5 as they are on the
Board of the Virginia Beach Events, Unlimited
(formerly Neptune Festival).
Councilman Perry VERBALLY ABSTAINED on Item IV-H.5 as
he did not have enough information to fully
understand the application
Council Members Absent:
None
*Councilwoman McClanan voted a VERBAL NAY on Item IV-H.5
**Verbal Aye
- 20 -
Item IV-H.1
CONSENT AGENDA ITEM # 31729
Russell Talley, 603-20th Street, Phone: 425-7554, the applicant, advised
louncilwoman Parker, the garage is attached to the back of the house. The
I
Swift garage will be torn down and replaced with a two-story 1,672 square foot
addition and will be utilized as a part of his own personal dwelling.
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council ADOPTED:
Resolution authorizing the enlargement of the
nonconforming use and structure at 603 20th
Street, property of Joy and Russell Talley.
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
1 RESOLUTION AUTHORIZING THE ENLARGE-
2 MENT OF THE NONCONFORMING USE AND
3 STRUCTURE LOCATED AT 603 20th
4 STREET; PROPERTY OF JOY AND RUSSELL
5 TALLEY, WIFE AND HUSBAND
6 WHEREAS, Joy Talley and Russell Talley, wife and
7 husband, (hereinaf ter the "Applicants") desire to remove a 692
8 square foot section from their existing one-story, 1,885 square
9 foot single family dwelling. The aforesaid 692 square foot
10 section currently contains a garage and family room, and is
11 designated as "EXISTING" on that certain drawing attached hereto
12 and made a part hereof as Exhibit IIA;ll and
13 WHEREAS, the Applicants desire to replace said 692
14 square foot section with a two-story 1,672 square foot addition
15 containing a garage on the first level and a bedroom on the second
16 level and designated as "PROPOSED" on the aforesaid drawing
17 attached hereto as Exhibit IIA;ll and
18 WHEREAS, the present use does not conform to the
19 provisions of the City Zoning ordinance because single family
20 homes are not permitted in the RT-3 Resort Tourist District; and
21 WHEREAS, pursuant to section 105(d) of the City Zoning
22 ordinance, City Council may authorize the enlargement or extension
23 of a nonconforming use if Council finds that the use as enlarged
24 or extended is equally appropriate or more appropriate to the
25 zoning district than is the existing nonconformity.
26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
27 CITY OF VIRGINIA BEACH, VIRGINIA:
28 That City council hereby finds the enlargement or
29 extension of the nonconforming residential dwelling located at 603
30 20th Street, Virginia Beach, Virginia, as shown on the attached
31 Exhibit "A,ll is equally appropriate or more appropriate to the
32 zoning district in which they are located than is the existing
33 nonconformity; and the City Council hereby authorizes the
34 enlargement or extension of the nonconforming use in the manner
35 shown on the attached Exhibit "A," provided extension of the use
36 complies with all building, site plan and other requirements of
37 the City of Virginia Beach.
38 Adopted by the Council of the City of Virginia Beach,
39 Virginia, on the 28 day of August 1989.
40 GLF/RCP/Imt
41 08/21/89
42 CA-03442
43 \ordin\noncode\talley.res
APPROVED AS-TO CONTEIITS
516NATURE
@l@
D"@TMEN r
APPROVED A.S T-@ LECAL
SUFFICIENCY At 4.z4l
ATTO@@ P-2
2
- 21 -
Item IV-H.2
CONSENT AGENDA ITEM # 31730
Upon motion by Vice ilayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance to authorize acquisition of property in
fee simple for right-of-way for Independence
Boulevard, Phase IIA-2, and the acquisition of
temporary and perinanent easements of right-of-way,
either by agreement or condemnation.
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
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 INDEPENDENCE BOULEVARD PHASE IIA-2 AND THE
4 ACQUISITION OF TEMPORARY AND PERMANENT
5 EASEMENTS OF RIGHT OF WAY, EITHER BY
6 AGREEMENT OR CONDEMNATION
7
8 WHEREAS, in the opinion of the Council of the City of
9 Virginia Beach, Virginia, a public necessity exists for the
10 construction of this important roadway to provide transportation
11 and for other public purposes for the preservation of the safety,
12 health, peace, good order, comfort, convenience, and for the
13 welfare of the people in the City of Virginia Beach:
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 Section 1. That the City Attorney is hereby authorized and
17 directed to acquire by purchase or condemnation pursuant to
18 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-
19 89, et seq., Code of Virginia of 1950, as amended, all that
20 certain real property in fee simple, including temporary and
21 permanent easements of right of way as shown on the plans
22 entitled "INDEPENDENCE BLVD. PHASE IIA-2 C.I.P. 2-091,11 these
23 plans being on file in the Office of R6al Estate Department of
24 Public Works, Virginia Beach, Virginia.
25 Section 2. That the City Attorney is hereby authorized to
26 .,make or caused to be made on behalf of the City of Virginia
27 Beach, to the extent that funds are available, a reasonable offer
28 to the owners or persons having an interest in said lands; if
29 refused, the City Attorney is hereby authorized to institute
30 proceedings to condemn said property.
31 That an emergency is hereby declared to exist and this
32 ordinance shall be in force and effect from the date of its
33 adoption.
34 Adopted by the council of the City of Virginia Beach,
August 19 89
35 Virginia, on the 28 day of
36
37
38
39
40
41
42
43
44
45
46 JAR/ih
47 CA-3415
48 \ordin\noncode\IBIIA-2.ord
CC)NiL-,I@
P.E
DEPA,,Tt@AEt,'T
S TG)LEGAL
@Rt,A
O;INCY
R-5D
R-5D
INDEPENDENCE BLVD. PHASE IIA-2
lb.I.P. 2-091
R-5D
R-SD
RIIO
R7[0
PD-HG
(P-1)
- 22 -
Item IV-H.3
CONSENT AGENDA ITEM # 31731
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED, upon SECOND READING :
Ordinance to ACCEPT and APPROPRIATE a $112,500
Grant from the Commonwealth of Virginia Department
of Housing and Community Development for a Homeless
Intervention Program.
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
ORDINANCE TO APPROPRIATE $112,500 IN
SHARE - IIOMELESS INTERVENTION FUNDS
WHEREAS, the Commonwealth of Virginia, Department of Housing
and Community Development has notified the City of an award of
$112,500 in SHARE - Homeless Intervention Program funds, and
WHEREAS, assistance is needed to effectively and adequately
address the housing needs of homeless persons and to help
prevent homelessness in the City of Virginia Beach; and
WHEREAS, the Department of Housing and Neighborhood
Preservation can carry out the program for which funds are
appropriated, and
WHEREAS, Aubrey V. Watts, Jr., City Manager can act on
behalf of the City of Virginia Beach, Virginia and will sign all
necessary documents required to complete the grant transaction.
NOW, THEREFORE, BE IT ORDAINED THAT the Council of the City
of Virginia Beacb, Virginia hereby appropriates $112,500 for the
purposes of carrying out a Homeless Intervention Program,
AND BE IT FURTHER ORDAINED that the City Manager is
authorized to accept the grant and enter into a Grant Agreement
with the State Department of Housing and Community Development
and perform any and all responsibilities in relation to such
Agreement.
Adopted by Council this 28 day of August
1989.
APPROVED AS TO CONTENTS:
Mar@ I. Ustic @ector
Depard6ent of Housing and
Community Development
APPROVED AS TO FORM: s-
@i y Attorn
- 23 -
Item IV-H.4
CONSENT AGENDA ITFM # 31732
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED, upon SECOND READING :
Ordinance to ACCEPT and APPROPRIATE $2,590 in
additional state aid funds into the Department of
Libraries FY 1989-1990 Operating Budget.
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
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $2,590 IN ADDITIONAL STATE AID FUNDS INTO THE
3 DEPARTMENT OF LIBRARIES FY 89-90 OPERATING BUDGET
4 WHEREAS, the Commonwealth provides annual funding
5
6 assistance to public libraries for the purpose of acquiring books
7 and related materials;
8 WHERELS, dilring the preparation of the Py 89-90 operating
9 budget, the anticipated state aid revenue was estimated to be
10 $255,000 and was appropriated into the Library Department's
11 operating budget;
12 WHEREAS, the Virginia State Library Department has notified
13 the city that state aid funds in the amount of $257,590 will be
14 available for the FY 1989-90;
15 WHEREAS, the amount of approved FY 1989-90 available state aid
16 exceeds the FY 1989-90 revenue estimate by $2,590.
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA that funds in the amount of $2,590 be
19 added to the FY 1989-00 operating budget of the Library Department
20 with a corresponding increase in estimated revenues.
21 This ordinance shall be effective from the date of its
22 adoption.
23 Adopted by the Council of the City of Virginia Beach,
24 Virginia on the 28 day of August 1989.
25 First Reading: August 21, 1989
26 Second Reading: August 28, 1989
27 MLS/ORD-12A
- 24 -
Item IV-H.5
CONSENT AGENDA ITEM # 31733
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED, upon FIRST READINC:
Ordinance to TRANSFER $50,000 for a loan to Neptune
Festival/Ocean Occasions for a "First Night"
Performing Arts Celebration.
Voting: 7-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, 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*
Council Members Abstaining:
Vice Mayor Robert E. Fentress, Harold Heischober and
John L. Perry
Council Members Absent:
None
*Verbal Nay
Vice Mayor Fentress and Councilman Heischober VERBALLY ABSTAINED as they are on
the Board of the Virginia Beach Events, Unlimited (formerly Neptune Festival).
"Councilman Perry VERBALLY ABSTAINED as he did not have enough information to
fully understand the application
THIS ORDINANCE WAS INADVERTENTLY LISTED AS A FIRST READING. TRANSFERS REQUIRE
ONLY ONE READING; THEREFORE, THIS ORDINANCE WAS ACTUALLY ADOPTED ON AUGUST 28,
1989.
2 AN ORDINANCE TO TRANSFER $50,000 FOR A LOAN TO
3 NEPTUNE FESTIVAL/OCEAN OCCASIONS FOR A
4 "FIRST NIGHT" PERFORMING ARTS CELEBRATION
5
6
7
8 WHEREAS, there has been an interest in providing a performing
9 arts celebration for Virginia Beach residents and visitors as a New
10 Year's Eve entertainment alternative, and
11
12 WHEREAS, Virginia Beach Neptune Festival/Ocean Occasions has
13 undertaken to organize such a festival for the night of December
14 31 each year, to begin with December 31, 1989 , and
15
16 WHEREAS, Ocean Occasions, Inc. has requested a $50,000 one-
17 time, repayable loan from the city f or the start up of such an
18 annual festival,
19
20 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA, that funds in the amount of $50,000 be
22 transferred from the Reserve for Contingencies for a one-time loan
23 to Virginia Beach Neptune Festival/Ocean occasions to plan and
24 carry out a "First Night" performing arts festival.
25
26 This ordinance shall be effective from the date of its
27 adoption.
28
29 Adopted by the Council of the City of Virginia Beach, Virginia
30 on the 28 day of August 1989.
31
32 First Reading ftx
33 Second Reading-
@1'rKUVEDASTOCC,N.-[,.Iqi,S
@IC,14ATUI,l
APPRC,'VFD AS, T(),'.'ZGAL
SUFFICIFI'4CY AND FC)RM
- 25 -
Item IV-H.6
CONSENT AGENDA ITEM # 31734
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council:
AUTHORIZED the City Manager to designate Fire Chief
Harry E. Diezel as the Emergency Management
Coordinator.
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
- 26 -
Ttem IV-H.7
CONSENT AGENDA ITEM # 31735
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED:
LOW BIDS:
NORTH STAR CORPORATTON Rudee Inlet Bulkhead $201,045.00
(CIP 2-018)
ORDWAY CONSTRUCTION Larkspur Contract 11 $698,741.00
COMPANY (CIP 5-013 & 6-945)
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. @loss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry* and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 27 -
Item IV-I.1
PUBLIC HEARING
PLANNING ITEM # 31736
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. PLANNING - DEFERRED
(a) MURRAY WHOLESALE DRUG CORPORATION CONDITIONAL ZONING
2. PLANNING
(a) ROBERT J. RUBL, STREET CLOSURE
DEPARTMENT OF ECONOMIC DEVELOPMENT
(b) A.R.C., INC. CONDITIONAL USE PERMIT
(c) TAYLOR SALT AND CAL COMPANY CONDITIONAL USE PERMIT
(d) VEST AND SONS AUTO SALES, INC. CONDIT10NAL USE PERMIT
(e) TIDEWATER IMPORTS CONDITIONAL USE PERMIT
(f) TALC ASSOCIATES CONDITIONAL USE PERMIT
(g) RICK G. AND ANNE B. SPALENKA CONDITIONAL USE PERMIT
(h) EDWIN AND FRANCES NELSON CONDITIONAL USE PERMIT
(i) DAVID M. LUSTIG VARIANCE
(j) JOSEPH NASSI VARIANCE
(k) ROBERT W. WOODHOUSE III VARIANCE
- 28 -
Item IV-I.I.
PUBLIC HEARING
PLANNING - DEFERRED ITEM # 31737
The following spoke in SUPPORT:
Edwin C. Waitzer, 1216 Llewellyan Avenue, Phone: 340-1806, advised the
building had been reduced to approximately 34,000 square feet with two stories
and advised he will substantially adhere to the architectural rendering.
Laura A. Burden, 4353 Bonney Road, Phone: 340-3492, owners of property
applicant wishes to purchase.
The following spoke in OPPOSITION:
Ronald Moorman, 4359 South Fir Court, Phone: 486-8420,
Cathleen Ritzo, 149 South Fir Avenue, Phone: 463-5915
Carlo Joseph DiGiovanni, 208 South Fir Avenue, Phone: 340-4829
Nathan Scott, 180 South Fir Avenue, Phone: 463-1598
A MOTION was made by Councilman Moss, seconded by Councilwoman Parker to DENY
application of MURRAY WHOLESALE DRUG CORPORATION for Conditional Zoning
Classification from R-7.5 Residential District to 0-1 Office District on Lot
29, Thalia Village (4353 Bonney Road), containing 3.0239 acres (KEMPSVILLE
BOROUGH).
Upon SUBSTITUTE MOTION by Councilman Perry, seconded by Councilman Baum, City
Council ADOPTED an Ordinance upon application of MURRAY WHOLESALE DRUG
CORPORATION for a Conditional Zoning Classification:
ORDINANCE UPON APPLICATION OF MURRAY WHOLESALE DRUG
CORPORATION FOR A CONDITIONAL ZONING CLASSIFTCATION
FROM R-7.5 to 0-1 Z08891256
BE IT HEREBY ORDATNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Murray Wholesale Drug
Corporation for a Conditional Zoning Classification
from R-7.5 Residential District to 0-1 Office
District on Lot 29, Thalia Village. Said parcel is
lcoated at 4353 Bonney Road and contains 3.0236
acres. More detailed information is available in
the Department of Planing. KEMPSVTLLE BOROUGH.
The following conditions shall be required:
1. Agreement encompassing proffers shall be recorded
with the Clerk of the Circuit Court and is hereby
made a part of the proceedings.
2. The applicant has proffered he will substantially
adhere to the architectural rendering exhibited at
the City Council Meeting of August 28, 1989. The
architectural rendering is hereby made a part of
the proceedings
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
eighth Day of August, Nineteen Hundred and Eighty-nine.
- 29 -
Item IV-I.I.
PUBLIC HEARING
PLANNING - DEFERRED ITEM # 31737 (Continued)
Voting: 6-5
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, John L. Perry and
William D. Sessoms, Jr.
Council Members Voting Nay:
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
None
MURRAY WHOLESALE DRUG CORPORATION,
a Virginia Stock Corporation, et al.
THURLIAN BURDEN, et ux., et al.
LAURA A BURDEN, eE-vi-r., Et- a-r.
TO: (COVENANTS AND CONDITIONS
CITY OF VIRGINIA BE@CH,
a Municipal Corporation of
the Commonwealth of Virginia
THIS AGREEMENT, made this 7 th day Of A.Ugust 1989,
by and between MURRAY W[IOLESALE DRUG CORPORATION, a Virginia
Stock Corporation, THURLIAN BURDEN and LAURA A. BURDEN,
husband and wife, "Grantor", of the one part, and CITY OF
VIRGINIA BEACII, a Municipal Corporation of the Commonwealth
of Virginia, Grantee, of the other part;
WITNESSETH THAT:
WHEREAS, the Grantor has initiated an amendment to
the Zoning Map of the City of Virginia Beach, Virginia, by
petition of the Grantor addressed to the Grantee, so as to
rezone the Grantor's property from R-7.5 Residential
District to 0-1 Office District, on certain property located
at 4353 Bonney Road, containing 3.0239 acres, more or less,
in Kempsville Borough, in the City of Virginia Beach,
Virginia; said property being referred to hereinafter as
"the property," and being shown as Parcel One 3.0239 Acres
on the plat attached hereto entitled "Subdivision of
Property of Thurlian Burden Located on South Side of Bonney
Road at Thalia Creek, Kempsville Borough-Virginia Beach,
Virginia," dated November 21, 1988, made by W. P. Large,
Inc.; and
WHEREAS, the Grantee's policy is to provide only
for the orderly development of land, for various purposes,
including office purposes, through zoning and other land
development legislation; and
WHEREAS, the Grantor acknowledges that in order to
recognize the effects of change, and the need for various
types of uses, including office uses, certain reasonable
conditions governing the use of the property for the
protection of the community that are not generally
applicable to land in the 0-1 zoning classification are
needed to cope with the situation which the Grantor's
proposed developmdnt gives rise to; and
WHEREAS, the Grantor has voluntarily proffered in
writing, in advance of and prior to the public hearing
before the Grantee, as a part of the proposed amendment to
the Zoning Map, in addition to the regulations provided for
in the 0-1 zoning district or zone by the existing over-all
zoning ordinances, the following reasonable conditions
related to the physical development and operation of the
property to be adopted as a part of said amendment to the
new Zoning Map relative to the property described above,
which have a reasonable relation to the rezoning and the
need for which is generated by the rezoning and proposed
development; and
WHEREAS, said conditions having been proffered by
the Grantor and allowed and accepted by the Grantee as part
of the amendment to the zoning ordinance, such conditions
shall continue in full force and effect until a subsequent
amendment changes the zoning on the property covered by such
conditions; provided, however, that such conditions shall
continue despite a subsequent amendment if the subsequent
amendment is part of a comprehensive implementation of a new
or substantially revised zoning.ordinance, unless, notwith-
standing the foregoing, these conditions are amended or
varied by written instrument recorded in the Clerk's office
of the Circuit Court of the City of Virginia Beach,
Virginia, and executed by the record owner of the subject
property at the time of recordation of such instrument;
provided, further, that said instrument is consented to by
the Grantee in writing as evidenced by a certified copy of
an ordinance or a resolution adopted by the governing body
of the Grantee, after a public hearing before the Grantee
advertised pursuant.to the provisions of Code of Virginia,
2
section 15.1-431, which said ordinance or resolution shall
be recorded along with said instrument as conclusive
evidence of such consent;
NOW, THEPTFORE, the Grantor, for themselves, their
heirs, personal, representatives, assigns, grantees, and
other successors in title or interest, voluntarily and
L
without any requirement by or exaction froin the Grantee or
its governing'body and without any element of compulsion or
quid pro quo for zoning, rezoning, site plan, building
permit, or subdivision approval, hereby makes the following
declaration of conditions and restrictions as to the
physical development and operation of the subject property
and governing the use thereof and hereby covenants and
agrees that this declaration shall constitute covenants.
running with the said property, which shall be binding upon
the property and upon all parties and persons claiming under
or through the Grantor, their heirs, personal representa-
tives, assigns, grantees and other successors in interest or
title, namely:
The following shall be substantially adhered to;
however, further conditions may be required by the Grantee
during detailed site plan review and administration of
applicable city codes by all cognizant city agencies and
departments, including the city arborist, to meet all
applicable city code requirements:
There shall be a permanent and perpetual natural
and undisturbed buffer of trees and other natural vegetation
along a 251 strip separating the property from the R-7.5
Residential District to the east and south of the property
which shall be used only for the installation and
maintenance of utilities and shall otherwise remain natural
and undisturbed and provide a natural buffer and screen
between the improvements on the property and the R-7.5
Residential District to the east and south thereof.
3
There shall be effective installation of erosion and
sediment control measures during site work and subsequent
construction activity, coupled with proper maintenance until the
cleared portion of the site is vegetated in order to help alleviate
siltation impacts to the Lynnhaven River drainage basin. Low
maintenance storm water retention/detention measures and other
nonpoint source controls or best management practices (BMP's) shall
be utilized to minimize pesticides, herbicides, fertilizer, oil
and grease entering waterways tributary to the western brancb of
the Lynnhaven River. Site plans shall be. de!SSigned to take storm
water management into consideration from a water quality perspective.
At a minimum, plans incorporating retention/detention basins and
other urban BMP's such as rooftop runoff disposal, parking lot
storage, driveway grid pavers, infiltration pits and t@enches,
filter strips in seepage areas, and porous asphalt.pavement shall
be components of the site plan design of the property.
The site plan prepared by Ivy-Wall, Ltd., Architects,
which has been exhibited to the Virginia Beach City Council and
is on file with the Virginia Beach Department of Planning, shall
be substantially adhered to so that there shall be a coordinated
.development of the site in terms of pari@ing layout, access and
traffic control and circulation within the site and access to and
ingress and egress from Bonney Road reasonably acceptable to
traffic engineering.
No building or other structure on the property shall
exceed two (2) stories in height.
All tidal wetlands located. on the site shall be left in
their natural state.
All interior lot lines shall be vacated.
It is recognized that further conditions may be required
during the administration of applicable City ordinances and tbat
there will be detai led site plat review
4
to meet all applicable city codes, and that further
conditions may be required during the administration of
applicable city ordinances.
,Existing-trees shall remain along the two
boundaries indicated above next to the R-7.5 Residential
Districts.
All references hereinabove to requirements and
regulations applicable thereto refer to the Comprehensive
.Zoning Ordinance of the City of Virginia Beach, Virginia, in
force as of August 7, 1989, which is by this reference
incorporated herein.
The Grantor covenants and agrees that (1) the
zoning Administrator of the City of Virginia Beach,
Virginia, shall be vested with all necessary authority on
behalf of the governing body of the City of Virginia Beacb,
Virginia, to administer and enforce the foregoing condi-
tions, including (i) the ordering in writing of the
remedying of any noncompliance with such conditions, and
(ii) the bringing of legal action or suit to insure
compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages or other appro-
priate action, suit or proceedings; (2) the failure to meet
all conditions shall constitute ca-use to deny the issuance
of any of the required building or occupancy permits as may
be appropriate; (3) if aggrieved by any decision of the
Zoning Administrator made pursua nt to the provisions, the
Grantor shall petition to the governing body for the review
thereof prior to instituting proceedings in court; and (4)
the Zoning Map may show by an appropriate symbol on the map
the existence of conditions attaching to the zonin@ of the
subject property on the map and that the ordinance and the
conditions may be made readily available and accessible for
public inspection in the office of the Zoning Administrator
and in the Planning Departm6nt and that they shall be
recorded.in the:,Clerk's Office'of the Circuit Court of the
5
City of Virginia Beach, Virginia, and indexed in the name of
the Grantor and Grantee.
WITNESS the following signatures and seals.
MURRAY WHOLE.SALE DRUG
CO@PORATION, A Virginia
on
By:
R$ cha4qAe." Yqait@er, Vice-
Presi&ent
la@EAL)_
Tlfurlian Burde
@@a A. Butden
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
a Notary Public for the
State ot virg3.n3.'a at Large,=o hereby certify that
Richard M. Waitzer, Vice President of Murray Wholesale
Drug Corporation, whose name is signed on behalf of the
Grantor to the foregoing instrument bearing date on the 7th
day of August, 1989, has acknowledged the same before me in
the city and state aforesaid.
Given under my hand this 7tb day of AU(Tust
1989.
Notary PLtblic
My commission expires:
STATE OF VIRGINIA
CITY OF VIRGINI@EACHI, to-wit:
IA)
r, .1 a Notary Public for the
State of Virginia at Large, do hereby certify that
Thurlian Burden and Laura A. Burden, whose names are signed
on behalf of the Grantor to the foregoing instrument bearing
date on the 7 Lh 'day of@ , 1989, have and each has
acknowledged the same befbre me in the city and state
aforesaid.
Given under my hand this /,grl-,,ay of
1989.
otary Public
My commission expires:
,3
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- 30 -
Item 1V-I.2.a.
PUBLIC HEARING
PLANNING ITEM # 31738
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council DEFERRED for compliance of conditions until the City Council Meeting of
September 11, 1989, an Ordinance for the discontinuance, closure and
abandonment of a portion of Bayside Road beginning at a point 500 feet more or
less Southwest of the Northern terminus of Air Rail Road, in the petition of
ROBERT J. RUHL/DEPARTMENT OF ECONOMIC DEVELOPMENT.
Application of Robert J. Ruhl, Department of
Economic Development, for the discontinuance,
closure and abandonment of a portion of Bayside
Road beginning at a point 500 feet more or less
southwest of the northern terminus of Air Rail
Road. Plats with more detailed information are
available in the Departrient of Planning.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Ilarold 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
- 31 -
Item TV-I.2.b.
PUBLIC HEARING
PLANNINC ITEM # 31739
Richard K. Stell, 219 66th Street, represented the applicant
John W. Harris, President of A.R.C, Inc., also spoke in support of the
application
Upon motion by Councilman Moss, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of A.R.C., INC. for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF A.R.C., INC. FOR A
CONDITIONAL USE PERMIT FOR A COMKUNICATIONS TOWER
AND EQUIPMENT BUILDING R08891244
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of A.R.C. Inc., for a
Conditional Use Permit for a communications tower
and equipment building on certain property located
1400 feet more or less northwest of the
intersection of Kemspville Road and Centerville
Turnpike. Said parcel contains 5.92 acres. Plats
with more detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
eighth Day of August, Nineteen Hundred and Eighty-nine.
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
- 32 -
Item IV-I.2.c.
PUBLIC HEARING
PLANNING ITEIM # 31740
Attorney Cheryl S. Thomas, 484 Viking Drive, Suite 110, Phone: 498-3395,
represented the applicant
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council
ADOPTED an Ordinance upon application of TAYLOR SALT AND CHEMICAL COMPANY, INC.
for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF TAYLOR SALT AND
CHEMICAL COMPANY, INC., FOR A CONDITIONAL USE
PERMIT FOR A BULK STORAGE YARD R08891245
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Taylor Salt and
Chemical Company, Tnc., for a Conditional Use
Permit for a bulk storage yard on Lot 32, London
Bridge Industrial Park II. Said parcel is located
on the south side of Central Drive, 1450 feet west
of London Bridge Road, containing 1.032 acres.
Plats with more detailed information are available
in the Department of Planning. LYNNHAVEN BOROUGH.
The following condition shall be required:
1. The utilization of best management practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
eighth Day of August, Nineteen Hundred and EightV-nine.
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
*Verbal Aye
- 33 -
Item IV-I.2.d.
PUBLIC HEARING
PLANNING ITEM # 31741
Judith L. Rosenblatt, Anderson Lee & Norris, P.C., 758 Lynnhaven Parkway,
Phone: 468-7700, represnted the applicant
John M. Vest, Vice President - Vest & Sons Auto Sales, Inc. , also spoke in
support of the applicant
Upon motion by Councilman Balko, seconded by Councilman Sessoms, City Council
ADOPTED an Ordinance upon application of VEST & SONS AUTO SALES, INC. for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF VEST & SONS AUTO
SALES, INC. FOR A CONDITIONAL USE PERMIT FOR A AUTO
REPATR AND BODY WORK FACTLITY R08891246
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Vest & Sons Auto
Sales, Inc. for a Conditional Use Permit for an
auto repair & body work facility on the south side
of Virginia Beach Boulevard, 325 feet west of First
Colonial Road. Said parcel is located at 1719
Virginia Beach Boulevard and contains 27,442.8
square feet. Plats with more detailed information
are available in the Department of Planning.
LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. The proposed auto repair facility shall be limited
to eight (8) service bays.
2. The utilization of best management practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
3. Only vehicles awaiting parts and/or service may be
stored on the site outside of normal business
hours.
4. No outside storage of automobile parts will be
allowed.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
eighth Day of August, Nineteen l'undred and Eighty-nine.
- 34 -
Item IV-1.2.d.
PUBLIC IEARING
PLANNING ITDI # 31741 (Continued)
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
- 35 -
Item IV-I.2.e.
PUBLIC HEARING
PLANNING ITEM # 31742
Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
ADOPTED an Ordinance upon application of TIDEWATER IMPORTS, INCORPORATED for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF TIDEWATER IMPORTS,
INCORPORATED FOR A CONDITIONAL USE PERMIT FOR A CAR
WASH FACILITY R08891247
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Tidewater Imports,
Incorporated for a Conditional Use Permit for a car
wash facility on certain property located on the
north side of Virginia Beach Boulevard beginning at
a point 418.15 feet east of Cranston Lane. Said
parcel contains 32,670 square feet. Plats with more
detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH
The following c6nditions shall be required:
1. The automatic car wash apparatus shall be operated
only between the hours of 8:00 a.m. and 6:00 p.m.
and no Sunday operation shall be permitted.
2. Category IV landscape screening will be required at
detailed site plan review, unless the applicant
obtains a variance from the Board of Zoning Appeals
3. The utilization of best management practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
eighth Day of August, Nineteen Hundred and Eighty-nine.
- 36 -
Item TV-1.2.e.
PUBLIC HEARING
PLANNING ITEM # 31742 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, liarold 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
- 37 -
Ttem IV-I.2.f.
PUBLIC HEARING
PLANNING ITEM # 31743
W. Craig Allen, Partner of TALC Associates, represented the applicant
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance upon application of TALC ASSOCIATES for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF TALC ASSOCIATES FOR A
CONDITIONAL USE PERMTT FOR MOTOR VEHICLE SALES AND
RENTALS ON CERTAIN PROPERTY R08891248
BE IT HEREBY ORDAINED BY THE COUNCTL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of TALC Associates for a
Conditional Use Permit for motor vehicle sales and
rentals on certain property located on the west
side of Broad Meadows Boulevard, 159.51 feet north
of Newtown Road. Said parcel contains 33,106 square
feet. Plats with more detailed information are
available in the Department of Planning. BAYSIDE
BOROUGH.
The following conditions shall be required:
1. The maximum number of trucks to be allowed on the
site at any given time is seven (7).
2. The utilization of best management practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
3. Medium sized red tip photinia is to be planted
inside the fence along Broad Meadows Boulevard.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
eighth Day of August, Nineteen Hundred and Eighty-nine.
- 38 -
Item IV-1.2.f.
PUBLIC HEARING
PLANNING ITEM # 31743 (Continued)
Voting: 8-3
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley,
Mayor Meyera E. Oberndorf, John L. Perry* and William
D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan, John D. Moss and Nancy K. Parker
Council Members Absent:
None
*Verbal Aye
39 -
Item .2.
PUBLIC HEARING
PLANNING ITEM # 31744
The following spoke in SUPPORT of the application:
Attorney R. J. Nutter, II, 2809 South Lynnhaven road, Phone: 431-3100
represented the applicant
Bartow "Pat" Hughes Bridges, Jr., 109 Holly Crescent, Phone: 422-5222
George Wadsworth, 1533 Princess Anne Road, Phone: 426-6363, represented the
Back Bay Pungo Civic League. Mr. Wadsworth read into the record the letter
from Frances Dixon, Secretary of the Back Bay Pungo Civic League, dated May
19, 1989, indicating support of the application (Said letter is hereby made a
part of the record.)
The following registered in OPPOSITION:
Linda Pavlidis, 1053 Princess Anne Road, Phone: 426-2434
Patricia Jenkins, 1049 Princess Anne Road, Phone: 426-7671
Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of RICK G. & ANNE B. SPALENKA for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF RICK C. & ANNE B.
SPALENKA FOR A CONDITIONAL USE PERMIT FOR RETAIL
SALES OF GARDEN AND NURSERY SUPPLIES R08891249
BE IT HEREBY ORDAINED BY THE COUNCTL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Rick G. & Anne B.
Spalenka for a Conditional Use Permit for retail
sales of garden and nursery supplies on the west
side of Princess Anne Road, south of North Stowe
Road. Said parcel is located at 1057 Princess Anne
Road and contains 3.74 acres. Plats with more
detailed information are available in the
Department of Planning. PUNGO BOROUGH.
The following conditions shall be required:
1. A right-of-way dedication is required along the
frontage of this site to provide for a standard
50-foot right-of-way. Approximately 8.5 feet of
dedication will be required.
2. The utilization of best management practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site and in
keeping with the recommendations for the proposed
Back Bay/North Landing River Management District.
3. The site plan submitted with this request does not
appear to meet the maximum lot coverage of 15% for
the Agricultural District. A Board of Zoning
Appeals variance is required or the site plan must
be redesigned to meet the lot coverage requirement.
- 40 -
Item IV-I.2.g.
PUBLIC HEARING
PLANNING ITEM # 31744 (Continued)
4. Category VI landscaping (including privacy fence)
will be installed and maintained along the property
lines on the southern part of the property which
abut residential. This will extend from the power
pole back past the parking area. Category VI
Screening requires the width for a planting bed of
six feet unless otherwise specified. As there is
not six (6) feet in the area of the barn, the
planting bed shall be whatever width can be
accommodated in this particular area.
5. The sale of garden supplies, equipment and material
must be enclosed and limited to a maximum area of
five-hundred square feet and must be in that
portion of the barn farthest away from the
adjoining property line.
6. Conditional Use Permit shall be for a period of one
(1) year. If there are no complaints from adjoining
residents, this Conditional Use Permit may be
administratively renewed.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
eighth Day of August, Nineteen Hundred and Eighty-nine.
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
- 41 -
Item IV-1.2.h.
PUBLIC HEARING
PLANNING ITEM # 31745
Edwin Nelson, 20 Ross Avenue, Demarest, New Jersey
Raymond Casela, 5320 Albright Drive, Phone: 479-4271, registered but did not
speak
Upon motion by Councilwoman Henley, seconded by Councilman Moss, City Council
DEFERRED for ninety days until the City Council Meeting of December 4, 1989, an
Ordinance upon application of EDWIN AND FRANCES NELSON for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF EDWIN AND FRANCES
NELSON FOR A CONDTTIONAL USE PERMIT FOR A DUPLEX
Ordinance upon application of Edwin and Frances
Nelson for a Conditional Use Permit for a duplex on
the south side of Tndian River Road, 2800 feet east
of Princess Anne Road. Said parcel is located at
1825 Indian River Road and contains 1.9 acres.
Plats with more detailed information are available
in the Department of planning. PUNGO BOROUGH.
"The applicant has a lease with the residents of the duplex which expires in
May. This DEFERRAL will enable the families time to locate suitable housing.
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
- 42 -
Item IV-I.2.i.
PUBLIC HEARING
PLANNING ITEM # 31746
The City Clerk referenced a letter from Attorney Theodore A. Boyce, dated July
11, 1989, requesting WITHDRAWAL.
Attorney Robert Cromwell, Pembroke One, Phone; 499-8971, represented fifteen
(15) adjoining residents, in OPPOSITION to said application.
Upon motion by Councilman Heischober, seconded by Councilwoman Parker, City
Council DENIED the application of DAVID M. LUSTIG for a Variance to Section
4.4(d) of the Subdivision Ordinance which requires all lots created by
subdivision to have direct access to a public street, located at 1605 Bluecher
Court.
Appeal from Decisions of Administative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for David M. Lustig.
Property is located at 1605 Bluecher Court. Plats
with more detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
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
- 43 -
Item 2.
PUBLIC HEARING
PLANNING ITEM # 31747
The City Clerk referenced letter from Bruce W. Gallup, dated August 9, 1989,
requesting WITHDRAWAL.
The City Clerk also referenced letter from Georgette Constant-Davis, dated
August 14, 1989, in OPPOSITION.
R. L. Smouse, 106 84th Street, Phone! 425-1567, represented the North Virginia
Beach Civic League, registered in OPPOSITION, but was not OPPOSED to the
WITHDRAWAL.
Upon motion by Councilman Balko, seconded by Councilman Moss, City Council
DENIED the application of JOSEPH NASSI for a Variance to Section 4.4(b) of the
Subdivision Ordinance which requires all lots created by subdivision to meet
all requirements of the Zoning Ordinance, at 8006 and 8008 Atlantic Avenue.
Appeal from Decisions of Administative Offices in
regard to certain elements of the Subdivision
Ordinance , Subdivision for Joseph Nassi. Property
is located at 8006 and 8008 Atlantic Avenue. Plats
with more detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
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
- 44 -
Item IV-1.2.k.
PUBLIC HEARING
PLANNING ITEM # 31748
Upon motion by Councilman Balko, seconded by Councilman Baum, City Council
DENIED the application of ROBERT W. WOODHOUSE III for a Variance to Section
4.4(b) of the Subdivision Ordinance which requires all lots created by
subdivision to meet all requirements of the Zoning Ordinance, on the East side
of S. Woodside Lane, Southwest of the intersection with Adam Keeling Road.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance. Subdivision for Robert W. Woodhouse,
III. Property is located on the east side of South
Woodside Lane southwest of the intersection with
Adam Keeling Road. Plats with more detailed
information are available in the Department of
Planning. LYNNHAVEN BOROUGH.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, 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 Abstaining:
Vice Mayor Robert E. Fentress
Council Members Absent:
None
*Verbal Aye
Vice Mayor Fentress ABSTAINED as his bank does business with Dr. Robert W.
Woodhouse.
- 45 -
Item IV-J.1.
APPOINTMENTS TTEM # 31749
Upon NOMINATION by Councilman Sessoms, City Council REAPPOINTED:
DEVELOPMENT AUTHORITY
Andrew S. Fine
(Four Year term 9/1/89 - 8/31/93)
AND, APPOINTED:
Robin Ray
(Four Year term 9/1/89 - 8/31/93)
Robert W. Carter
(Unexpired term thru 8/31/90)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Ilarold 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
- 46 -
Item TV-J.2.
APPOINTMENTS ITEM # 31750
Upon NOMINATION by Councilwoman Henley, City Council REAPPOINTED:
PUBLIC LIBRARY BOARD
Crisanto D. Romero
(Three Year Term - 9/1/89 - 8/31/92)
AND, APPOINTED:
Joy N. Eliassen
(Three Year Term - 9/1/89 - 8/31/92)
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
- 47 -
Item IV-J.3.
APPOINTMENTS ITEM # 31751
ADD-ON
BY CONSENSUS, City Council CONFIRMED pursuant to Section 15.1-494 of the 1950
Code of Virginia, Circuit Court Appointments:
BOARD OF ZONING APPEALS
ALTERNATES
William Garrington
Richard K. Stell
(Five years 9/1/89 - 8/31/94)
- 48 -
Item 1V-K.I.
UNFINISHED BUSINESS ITDI # 31752
ADD-ON
Upon motion by Councilwoman Parker seconded by Councilman Baum, City Council
ADOPTED:
Resolution requesting the Board of Zoning Appeals
to Appeal a decision of the Circuit Court (Bogie
Dog, Inc.) to the Supreme Court of Virginia.
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
*Verbal Aye
1 A RESOLUTION REQUESTING THE BOARD OF
2 ZONING APPEALS TO APPEAL A DECISION
3 OF THE CIRCUIT COURT TO THE SUPREME
4 COURT OF VIRGINIA
5 WHEREAS, on July 19, 1989, the Board of Zoning Appeals
6 denied the application of Bogie Dog, Inc. for a variance from the
7 on-site parking requirements of Section 203 of the City Zoning
8 Ordinance; and
9 WHEREAS, on August 9, 1989, the Circuit Court of the
10 City of Virginia Beach reversed, upon conditions, the decision of
11 the Board; and
12 WHEREAS, it is the sense of the City Council that the
13 granting of parking variances is contrary to the best interests of
14 the City and its residents and visitors;
15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
16 THE CITY OF VIRGINIA BEACH, VIRGINIA:
17 That the Board of Zoning Appeals be, and hereby is,
18 requested to appeal the aforesaid decision of the Circ,it Court to
19 the Supreme Court of Virginia, and further, that in the event such
20 an appeal is taken, the City Attorney is hereby authorized and
21 directed to represent the Board in such proceeding.
22 Adopted by the City Council of the City of Virginia
23 Beach, Virginia, on this the 28th day of August, 1989.
24 wmm/lmt
25 08/28/89
26 CA-03462
27 \Ordin\Noncode\appeal.res
APPROVED AS TO CON;L C,
SIGNATURE
DEPARTMENT
APPROVED AS TO @-E(7,AL
SUFFICIENCY A',l
C17Y
- 49 -
Item IV-L.l.
NEW BUSINESS ITEM # 31753
ADD-ON
Councilwoman Henley and Councilman Baum requested the Resolution directing the
Planning Commmission examine and make its recommendation concerning the
elimination of duplexes as a conditional use in the City's Agricultural
Districts be SCHEDULED for the City Council Meeting of September 11, 1989.
- 50 -
Item IV-M.l.
ADJOURNMENT ITEM # 31754
Upon motion by Councilman Heischober and BY CONSENSUS, City Council ADJOURNED
the Meeting at 8:55 P.M.
(9 @. x@
Beverly'D. Hooks
Chief Deputy City Clerk
Ruth Hodg(is Smith, CMC M yera Ob.@
City Clerk M.Yr
City of Virginia Beach
Virginia