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HomeMy WebLinkAboutJUNE 26, 1989 @f NTiirWi@i" E3@ek@" "WORLD'S LARGEST RESORT CITY" Cm COLJNCIL -- - @. O.MW@ A, - -10@ @O.ERI E. F@@, V@i@. @h -1 W, @0, 10- A. --, -.@ -0 HAROM HEIXHOMR, A. - . H@U@. 1- U- l@- A.- l@@, A@ ]o-, -,, ,- JR., 281 CITY HALL BUILDING MUNICIPAL CENTER @U.@ V Wln@, JR,, Ci@ U.-@ CITY COUNCIL AGENDA VIRGI)IIIA REACH, VIRGINIA 23456 9002 1 D@ NM@N, Ci@ Al@ (8N) 427-4303 R@@ -ES --. -l-, .@ l@@ JUNE 26, 1989 ITEM 1. WETLANDS TOUR 2:00 PM ITEM 11. CITY ATTORNEYIS BRIEFING - Conference Rocxn - 4:00 PM A. VIRGINIA FREEDOM OF INFORMATION ACT Kevin J. Cosgrove, Acting City Attorney ITEM 111. COUNCIL CONFERENCE SESSION - Conference Room - 4:15 PM A. CITY COUNCIL CONCERNS ITEM IV. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM V. FORMAL SESSION - Council Chamber - 6:00 PM A. INVOCATION: Reverend Barnett Thoroughgood New Jerusalem Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. MINUTES 1. INFORMAL & FORMAL SESSIONS - June 19, 1989 E. PUBLIC COMENT 1. CONSTITUTION DRIVE ALIGNMENT ALTERNATIVE F. RESOLUTIONS/ORDINANCE 1. Resolution approvlng the location and major design teatures of the proposed alignment of Constitution Drive, designated as Alignment 4; and, requesting the Virginia Department of Transportat i on acq u i re a I I r 1 ghts-of -way necessary f or th I s proj ect and conveying these rights-ot-way to the City of Virginia Beach at the appropriate time. 2. Resolution authorizing the eniargernent of the nonconforming use and structure at 2127 Bayk>erry Street, Property of Nancy V. Acey, 7bomas E. Acey and Shirley L. Acey. 3. Resolution authorizing the replacement of the nonconforming use and structure at 458 Realty Road, Property of Patty James and Bernard James, Wife and Husband. 4. Resolution authorizing the eniargeinent of the nonconforming use and structure at 112 86th Street, Property of Allison G. Glover and Virginia B. Glover. 5. Resolution authorizing and directing City Staff to apply for B-3 zoning of the City-owned property at Baxter Road and Independence Boulevard. G. 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 frorn the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinances, upon SECOND READING, to APPROPRIATE: a. $1,642,000 for the FY 1989-90 School Textbook Rental Fund Budget. b. $8,363,985 for City of Virginia Beach School Programs funded by Special Categorical Grants for school year 1989-90. c. $11,502,501 for the FY 1989-90 School Cafeteria Enterprise Fund Budget. d. $334,450 for the FY 1989-90 School Athletic Enterprise Fund Budget. 2. Ordinance, upon SECOND READING, to APPROPRIATE $1,447,484 to the Department of Public Lttilities due to an Increase In the rate of water purchased frorn the City of Norfolk. 3. Ordinance, upon SECOND READING, to ACCEPT and APPROPRIATE $8,196 Grant frorn the Virginia Department of Housing and Comunity Development for an Emergency Home Repair Program. 4. Ordinance, upon SECOND READING, to APPROPRIATE $167,500 of funds In the School Site Acquisition Fund; and, TRANSFER the funds to the project account for the future construction of Ocean Lakes High School. H. PUBLIC HEARING 1. PLANNING - RECONSIDERATIONS a. Application of WILLIAM DRINKWATER et ux for a Conditional Zoning Classification, R-5D Residential Duplex District to R-T3 Resort Tourist District on Lot 2 and one-half of Lot 4, Block 55, Virginia Beach Development (500 Twenty-third Street), containlng 7150 square feet (VIRGINIA BEACH BOROUGH). Denied: March 27, 1989 Scheduled for Reconsideration: April 24, 1989 Deferred: May 22, 1989 b. Application of BACK BAY SPORTING CLAYS, INC. for a Conditional Use Permit for a recreational facility of an outdoor nature (clay pigeon shoot-ing range) on the South side of Campbells Landing Road, 4752 feet more or less East of MC)rris Neck Road, containing 20 acres (PUNGO BOROUGH). Scheduled for Reconsideration: May 22, 1989 2. PLANNING a. Applications of TA ASSOCIATES for Changes of Zonln_q District Classification, Property of G. W. Deal (KEMPSVILLE BOROUGH): Frorn B-2 Community Business District to 0-1 Office District on property at the Southeast corner of Virginia Beach Boulevard and N. Fir Avenue on Lots 11, 12 and 13, Block 23, contalning 12,632.4 square feet; AND, From R-5D Residential Duplex District to 0-1 Office District on Lot 10 and a part of Lot 9 and Lots 23-26, Block 23, containing 24,393.6 square feet. Recommendation: WITHDRAWAL b. Application of HILDA W. ARCHBELL for a Change of Zoning District Classification from R-5S Residential Single Family District to R-T3 esort Touri@st District on Lots 1 and 2, Block 18, Shore Acres (406 Winston Salem Avenue), containing 16,988.4 square feet (VIRGINIA BEACH BOROUGH). Recommendation: APPROVAL c. Application of T & J PARTNERSHIP for a Conditional Use PerTnit for a nursing home on the North side of Indian River Road, 200 feet more or less West of Thompkins Lane (2055 Indian River Road), containing 5.496 acres (KEMPSVILLE BOROUGH). Recommendation: APPRO"L d. Application of MICHAEL and VERONICA JENNINGS for a Conditional Use PerTnlt for a residential kennel on Lot 12, Block 5, Princess Anne Plaza (3237 Lark Street), containing 7,500 square feet (LYNNHAVEN BOROUGH). Recommendation: DENIAL e . Application of CLYDE R. and BETTY J. HELTON 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 Zon I ng Ordinance, at 4533-4537 Old Princess Anne Road (KEMPSVILLE BOROUGH). Recommendation: DENIAL f. Application of FRANK A. MARTIN 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 3146 Inlet Road (LYNNHAVEN BOROUGH). Recommendation: DENIAL g. Application ot 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 (4T53-Bonney Road), containing 3.0239 acres (KEMPSVILLE BOROUGH). Recommendation: DENIAL 1. APPOINTMENTS ADVERTISING ADVISORY REVIEW COMMITTEE FRANCIS LAND HOUSE BOARD OF GOVERNORS SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION TIDEWATER REGIONAL GROUP HOME COMMISSION J. UNFINISHED BUSINESS 1. ABSTRACT OF VOTES - Democratic Primary Election on June 13, 1989 2. ABSTRACT OF VOTES - Republican Primary Election on June 13, 1989 K. NEW BUSINESS 1. REQUEST FOR RECONSIDERATION OF CONDITIONS: Application of Ursula Jones for a Conditional Use Permit for an animal hospital located on the East side of Diamond Springs Road, 1,982 feet South of Shel I Road (Approved September 14, 1987) (BAYSIDE BOROUGH). L. ADJOURR4ENT CITY COUNCIL RECESS July 17 - 31, 1989 mlm 6/22/89 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beacti, Virginia June 26, 1989 The CITY ATioRNEY'S BRIEFING to the VIRGTNIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall on Monday, June 26, 1989. at 4:00 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, Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None - 2 - C I T Y A T T 0 R N E Y 'S B R I E F I N G VIRGINIA FREEDOM OF INFORMATION ACT 4:00 P.M. ITEM #31416 Acting City Attorney Kevin Cosgrove advised, with the exception of more detail, there will not be a great differential between the way City Council presently conducts business vs the methodology of the future. Realtive the Requests for Records, the definition in Virginia Code Ann. Section 2.1-341 remains unchanged: "All written or printed books, papers, letters, documents, maps and tapes, photographs, films, sound recordings, reports or other material, regardless of physical form or characteristics, prepared, owned or in the possession of a public body or any employee or officer of a public body in the transaction of public business." The response by the Records' Custodian to a request for official records must be made within five working days after the receipt of the request. If the Records' Custodian determines that it is practically impossible, either (a) to provide the records within the five-work-day period or (b) to determine whether the records are available within the five-work-day period, the requester should be so notified. When this response is made to the requester, the Records' Custodian then has an additional seven work days to provide one of the following responses: The requested records shall be provided to the requester. If a statutory exemption applies to ALL of the requested records, a written explanation must be given to the requester why the records are not being produced. Specific reference to a statutory exemption must be made. If a statutory exemption applies to SOME, but not all of the requested records, the exempted portions of the records may be deleted and the remainder of the records disclosed. A written explanation must be given to the requester why the deleted portions of the records are not available, with specific reference to the statutory exemption claimed. A public body may petition the Circuit Court for additional time to respond when: 1. The request is for an extraordinary volume of records. 2. A response within the time required by law will prevent the public body from meeting its operational responsibilities. 3. A reasonable effort has been made to reach an agreement with the requester concerning the production of the records requested. Public bodies are not requested to create a document or prepare a particular requested record if it does not already exist. - 3 - C I T Y A T T 0 R N E Y IS B R I E F I N G VIRGINIA FREEDOM OF INFORMATION ACT ITEM #31416 (Continued) A motion that a public t>ody meet in an EXECUTIVE MEETING must specifical ly state the purpose for the EXECUTIVE MEETING and reasonably Identify the substance of the matter to be discussed. Specific reference also should be made to the statutory authority for the EXECUTIVE MEETING. A general reference to the statutory authority also is not sufficient. Nothing may be discussed in the EXECUTIVE MEETING except matters included in the motion. Minutes of an EXECUTIVE MEETING may be taken, but are not required. Any minutes taken are NOT subject to public disclosure. When the EXECUTIVE MEETING is completed, the Public Body must reconvene and take a recorded vote of members present that the Members in the EXECUTIVE MEETING discussed only: Public business matters lawfully exempted from statutory open meeting requirement. Public business matters identified in the motion to convene the EXECUTIVE MEETING. Any member who cannot certify these items shal I so indicate prior to the vote, with specific details on the unauthorized discussion. All this must be recorded in the minutes. The Virginia Freedom of Information Act is enforced by the tiling ot a petition for mandamus or injunction in a circuit court. If the court finds a violation of the Act, costs and attorney's fees from the public body shall be awarded if petitioner substantially prevails, unless special circumstances make the award of costs and attorney's fees unjust. The reliance on an Attorney General's Opinion or a court opinion may be considered. Sanctions also may be imposed in favor of the public body. The willful and knowing violation of the Act results In a civil fine of $25 - $1,000. Councilman Baum requested when the MOTION is made to recess Into EXECUTIVE SESSION, each Member of City Council be given the sheet listing the reasons for said EXECUTIVE SESSION. Councilman Baum requested clarification of the appropriateness of City Council eating while In EXECUTIVE SESSION. In response to City Council, the term "pending" litigation would no longer be utilized, it would be "actuaill or "eminent" litigation. Mayor Oberndorf advised the Attorney General and the General Assembly have said there Is no law saying it is incorrect to give out inforrnation from the EXECUTIVE SESSION. The only thing which actually governs same is the responsibility of the Members serving and the liability it would cause the municipalities and its Treasury. - 4 - C I T Y M A N A G E R IS I T E M S ITEM #31417 The City Manager distributed to City Council a list ot approximately tifty (50) pending Items previously requested by City Council ITEM # 31418 The City Manager referenced his letter to Members of City Council relative the Consultants on matters related to Transfer of Development Rights and Development of the Comprehensive Plan south of the GREEN LINE. A WORKSHOP has been arranged for Thursday, June 29, 1989, in the City Council Conference Room at 2:00 P.M., and the PUBLIC MEETING shall be Friday, June 30, 1989, In the Council Chamber at 2:00 P.M. The City Manager further advised of a City Council WORKSHOP with the consultants on Monday, July 10, 1989, prior to the City Council Meeting. City Council will be advised of the time. ITEM # 31419 The City Manager Introduced the new Director of Economic Development, W. Andrew Burke. The City Manager has requested Mr. Burke contact Members of City Council relative their concerns. - 5 - C IT Y C 0 UN C I L C ON C E R N S ITEM # 31420 Vice Mayor Fentress referenced the real estate tax relief program for the Elderly and Handicapped SCHEDULED for the City Council Agenda of July 3, 1989. Vice Mayor Fentress requested the City Staff prepare information relative the fiscal impact of having the City's standards brought up to the State's standards. TTEM # 31421 Councilman Balko referenced PRESENTATION relative the CHESAPEAKE BAY PRESERVATION ACT by Jack Whitney, Director of Environmental Management, and the inquiries of City Council on June 12, 1989. Councilman Balko requested this video be run frequently on Channel 29 to ensure public awareness. Mayor Oberndorf advised on Friday, June 30, 1989, there will be another hearing at 10:00 A.@l., Room B General Assembly Building in Richmond relative the implementation of the Chesapeake Bay Preservation Act. Councilwoman McClanan referenced an excellent article in the Daily Press concerning the CHESAPEAKE BAY PRESERVATION ACT. Mayor Oberndorf advised the Newport News City Council forwarded her a copy of their ADOPTED Resolution. Said Resolution advised the Council supports the cleaning and preservation of the Chesapeake Bay; however, pointed out the lack of State funding, and time to implement the mapping and enforcement, as well as the lack of understanding. Mayor Oberndorf requested the City Manager peruse this Resolution and advise City Council. Councilman Baum referenced the WETLANDS TOUR which should be attended by the news media. Some concern should be shown the landowners, not just the developers. ITEM # 31422 Councilwoman Parker referenced an article concerning mini-bonds in MONEY Magazine and distributed copies to Members of City Council. ITFII # 31423 Councilman Moss advised the meeting of the "TURN OF THE CENTURY STRATEGIC PLANNING COMMIYME" will be held on Tuesday, June 27, 1989, 7:00 P.M. at the Central Library. The Meeting will entail the curriculum aspect of the School system. ITEM # 31424 Councilman Moss referenced the CONSTITUTION DRIVE ALIGNMENT proposed by City Staff. Councilman Moss advised many citizens had expressed concerns over their inability to view the various Alignments. He asked that these be made readily available in public places immediately. ITEM # 31425 Councilman Moss again referenced the possibility of "cross walks" on Virginia Beach Boulevard. There are people who cross Virginia Beach Boulevard and this is a safety concern. Councilman Moss requested the City Manager investigate. - 6 - C TTY C 0 UN C I L C ON C E R N S ITEM # 31426 Councilwoman Henley advised the PUBLIC MFETING on June Thi,ti,th relative Transfer of Development Rights and Development of the Comprehensive Plan south of the GREEN LINE will give anyone who wishes an opportunity to serve on a Citizens Advisory Committee. Another opportunity for public comment will be afforded during the Open House at Creeds Activity Center on July 13, 1989, from 11:00 A.@l. to 7:00 P.M. ITEM # 31427 Councilman Sessoms complimented the Channel 12 Richmond Video relati,e Virginia Beach. ITEM # 31428 Councilman Perry referenced the letter of June 19, 1989, from Warren Miller concerning development. Roosevelt Mosely was building two duplexes for his family. The City has requested separate sewer for each of the h,me, a,d installation of three street lights. There are nine electric poles in existance on this one block. The City Manager will prepare a report. - 7 - C ON C E R N S OF T HE MAYOR ITEM # 31429 Mayor Oberndorf referenced her attendance at the U.S. CONFERENCE OF MAYORS in Charleston, South Carolina, June 16 - 21, 1989. Mayor Oberndorf attended a WORKSHOP directed by the Chief of Police. Representatives of his police department rode the "police buses" which are old school buses refurbished, painted white and emblazoned with the City Seal. From 1982-1989, the Chief of Police has initiated with the City Council, a program entitled "Take Back the Streets". The Chief has divided the Police into two departments: Service and specialized investigation. Flying Squad - comprised of physically capable young men wearing track shoes able to chase down any criminal on foot. These police do not carry guns. Mayor Oberndorf referenced the Charleston Cottage Program for the Homeless. This is funded by the Charleston flousing Authority, St. Phillips Episcopal Church and a private community foundation. These cottages are being sold for $10,000 each. The layout and facilities available within the Cottage and furnishings are depicted illustrating what will entail a $125 donation. Scattered Site Housing has been established by the rehabilitation of historic housing. The Chamber of Commerce has moved into an old converted Railroad Station. Charleston's new Omni Hotel took 12 years to come into fruition because of the stringent requirements of the Historic Preservation Board over the Omni's parking facilities. The developer of the Omni was proud to be in Charleston and proud of his quality product. The Waterfront is to be turned into a passive park. Secretary Kemp advised now that he was "at the helm": "The HUD funding will be based on need, not greed". - 8 - ITEM # 31430 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Con f erence Room, Ci ty Hall Bui Id I ng, on Monday, June 26, 1989, at 5:07 P.M. Oouncil Members 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 - 9 - ITEM # 31431 Mayor Meyera E. Oberndorf entertained a motion to permit Clty Counci I 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 employment, assignment, appointment, promotion, perfortnance, demotion, sa laries, discipi ining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use ot real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could effect the value of property owned or desirable for ownership by such Institution. Upon motion by Counciiman Heischober, 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 Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 10 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL June 26, 1989 6:00 P.M. Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Counci I Chambers, City Hal I Bul Iding, on Monday, June 26, 1989, at 6:00 P.M. Council Members Present: Albert W. Balko, John A. Batin, Vice Wayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Reverend Barnett Thoroughgood New Jerusalem Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Item V-D.l. MINUTES ITEM # 31432 Upon motion by Vice Mayor Fentress, seconded by Counci lwoman Parker, City Council APPROVED the Minutes of the INFORMAL & FORMAL SESSIONS of June 19, 1989. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Mayor Meyera E. Oberndorf Council Members Absent: None Mayor Meyera E. Oberndorf ABSTAINED as she was ABSENT from the City Council Session of June 19, 1989, attending the U.S. CONFERENCE OF MAYORS, Charleston South Carolina. - 12 - Item V-E.1 PUBLIC COMMENT ITEM # 31433 CONSTITUTION DRIVE ALIGNMENT ALTERNATIVE C. Oral Lambert, Jr., Director of Public Works and Bob Boyette, Project Englneer, spoke relative the Constitution Drive Allgnment Alternatives. The following spoke relative the CONSTITUTION DRIVE ALIGNMENT ALTERNATIVE: IN FAVOR OF ALTERNATIVE 4: Nick Economos, Owner - Omni Hotel, 4453 Bonney Road, Phone: 497-7400 Debra Stearn, represented Rowe Development Company on Corporation Drive Gerald Divarls, 1519 Quail Point Road, Phone: 497-2113, President of the Central Business District Association and Managing Partner of Columbus Center Christopher Anuswith, Vice President and Regional Executive of Perpetual Savings, tenant of Corporate Center Four Donald Jellig,6015 Poplar Hall Drive, Norfolk Phone: 455-7300, Vice President - Sentara Health Systems IN OPPOSITION TO ALTERNATIVE 4 Al Bennas, 4629 McGregor Drive, Phone: 497-4245 Curtis Catron, 522 South Independence Boulevard, Phone: 499-8966 William Fleming, 517 Gleneagle Drive, Phone: 499-9615 George B. DeLano, 521 Buffer Drive, Phone: 497-6126 Fred Poteet, 341 Edwin Drive, Phone: 497-3553 IN FAVOR OF MY ALIGNMENT: Kathryn Byler-Clark, 4730 Princess Anne Road, Phone: 495-6000 DEVIATED FROM THE SUBJECT: Robert Engesser, 5290 Vestry Drive, Phone: 499-3157 - 13 - Item V-F.l. RESOLUTIONS/ORDINANCE ITEM # 31434 As per the request of Councilman Moss, the City Manager is to provide the cost estimates and traftic counts for each of the alignments to the citizens. Vice Mayor Fentress requested a cornparison ot the acquisition of Alignment IA and 4. Vice Mayor Fentress also requested additional information relative the Urban Interchange at South Independence and Holland. Councilman Perry requested information relative the safety features of each of the Alignments. Upon motion by Councilman Voss, seconded by Councilman Perry, City Council DEFERRED until the City Council Meeting of July 10, 1989: Resolution approving the location and major design features of the proposed alignment of Constitution Drive, designated as Alignment 4; and, requesting the Virginia Department of Transportation acquire all rights-of-way necessary for this project and conveying these rights-ot-way to the City of Virginia Beach at the appropriate time. Voting: 9-1 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentres5, Barbara M. Hen I ey, 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: Albert W. Balko Council Members Abstaining: Harold Heischober Council Members Absent: None Councilman Heischober ABSTAINED as he owns property in the area which might be affected depending upon which alignment is selected. - 14 - Item V-F.2. RESOLUTIONS/ORDINANCE ITEM # 31435 Thomas E. Acey, 2127-A Bayberry Street, Phone: 481-3603 Nancy V. Acey, 2127-A Bayberry Street, Phone: 481-3603 Upon motion by Counci Iman Balko, seconded by Counci Iman Sessoms, City Counci I ADOPTED: Resolution authorizing the enlargernent of the nonconforming use and structure at 2127 Bayt>erry Street, Property of Nancy V. Acey, Thomas E. Acey and Shirley L. Acey. 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. Oberndort, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Oouncil Members Absent: None 1 RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF THE NONCONFORMING USE 3 AND STRUCTURE LOCATED AT 2127 4 BAYBERRY STREET PROPERTY OF NANCY V. 5 ACEY, THOMAS E. ACEY AND SHIRLEY L. 6 ACEY 7 WHEREAS, Nancy V. Acey, Thomas E. Acey and Shirley L. Acey 8 (hereinaeter the "Applicants") desire to construct a 14' x 171 9 screened porch to the rear of each unit oE their existing 10 nonconforming duplex, as shown on that certain survey entitled 11 "PHYSICAL SURVEY OF LOT 184 CAPE STORY BY THE SEA PLAT #1 12 LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA FOR D. A. CASH" a copy 13 of which is attached hereto and made a part hereof as Exhibit "A;" 14 and 15 WHEREAS, the present use does not conform to the provisions 16 of the City Zoning Ordinance because residential duplexes are not 17 allowed in the R-7.5 Residential District; and 18 WHEREAS, pursuant to Section 105(d) of the City Zoning 19 Ordinance, City Council may authorize the enlargement or extension 20 of a nonconforming use if Council finds that the use as enlarged 21 or extended is equally appropriate or more appropriate to the 22 zoning district than is the existing nonconformity. 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That City Council hereby finds the enlargement or extension 26 of the nonconforming residential duplex located at 2127 Bayberry 27 Street, Virginia Beach, Virginia, as shown on the attached Exhibit 28 "A," is equally appropriate or more appropriate to the zoning 29 district in which they are located than is the existing 30 nonconformity; and the City Council hereby authorizes the 31 extension of the nonconforming use in the manner shown on the 32 attached Exhibit "A," provided extension of the use complies with 33 all building, site plan and other t# of the City of 34 Virginia Beach. 35 Adopted by the Council of the City of Virginia Beach, 36 Virginia, on June 26, 1989 , 1989. 37 GLF/rcp/epm 38 06/13/89 39 CA-3355 40 \ordin\noncode\acey.res 2 EXHIBIT "A" ACEY . .. ........ ... ........ .. BALDWIN OAF. L/ 2(D /,7 FLOOD I'LAIII ,ISL, r7 1.9-5 elzr A cB firs, t.,o 5, VV PHYSICAL SURVEY tot 114 CAPE STORY By THE SEA ?tAl #l lymmmAvtq.poRoucm VINCINIA $EACH, VIRCINIA F@ I Cash LD MN A- OREOD 4(1 NORFOLK-PORTSUOt)lH, VIRGINIA - 15 - Item V-F.3. RESOLUTIONS/ORDINANCE ITEM # 31436 Patty James, the applicant represented herself Upon motion by Councilman Balko, seconded by Councilman Perry, City Council ADOPTED: Resolution authorizing the replacement of the nonconforming use and structure at 458 Realty Road, Property of Patty James and Bernard James, Wife and Husband. 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 Mernbers Voting Nay: None Council Members Absent: None 1 RESOLUTION AUTHORIZING THE 2 REPLACEMENT OF THE NONCONFORMING USE 3 AND STRUCTURE LOCATED AT 458 REALTY 4 ROAD PROPERTY OF PATTY JAMES AND 5 BERNARD JAMES, WIFE AND HUSBAND 6 WHEREAS, Patty James and Bernard James, wife and husband, 7 (hereinafter the "Applicants") desire to replace their existing 8 unrepairable and uninhabitable 1,175 square foot single family 9 dwelling with a 1,536 square foot single family dwelling, as shown 10 on that certain drawing entitled "SITE PLAN PARCEL LABELED 'HAZEL 11 JONES' REVISED PLAT PROPERTY OF WILLIAM WOODHOUSE, ET AL BLOCK 26 12 -OCEANA GARDENS M.B. 123 P. 16 LYNNHAVEN BOROUGH VIRGINIA BEACH, 13 VA." a copy of which is attached hereto and made a part hereof as 14 Exhibit "A;" and 15 WHEREAS, the present use does not conform to the provisions 16 of the City Zoning Ordinance because single family residential 17 dwellings are not allowed in the A-12 Apartment District; and 18 WHEREAS, pursuant to Section 105(d) of the City Zoning 19 Ordinance, City Council may authorize the replacement of a 20 nonconforming use if Council finds that the use as replaced is 21 equally appropriate or more appropriate to the zoning district 22 than is the existing nonconformity. 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That City Council hereby finds the enlargement or extension 26 of the nonconforming residential dwelling located at 458 Realty 27 Lane, Virginia Beach, Virginia, as shown on the attached Exhibit 28 "A," is equally appropriate or more appropriate to the zoning 29 district in which they are located than is the existing 30 nonconformity; and the City Council hereby authorizes the 31 replacement of the nonconforming use in the manner shown on the 32 attached Exhibit "A," provided said replacement complies with all 33 building, site plan and other requirements of the City of Virginia 34 Beach. AePrl' APPROVED AS TO LEGAL I SUFFICIEN-'Cy ,ilND FCRM 35 Adopted by the Council of the City of Virginia Beach, 36 Virginia, on June 26, 1989 1989. 37 GLF/rcp/epm 38 06/13/89 39 CA-3356 40 \ordin\noncode\james.res @-of APPROVE@D A@-@ TO I-E(,-AL 'U@ F C, A CIT@ 2 EXHIBIT "A" BLOCK 27 JAMES 75 GLA If 9 2 21 hIF 0 PEARL FOREST 418 123 P 16 PROP 41 St' FR C-F IW 'E@ S.AL E INDICATES EX S"@@l E F4'tll I L-,RESD FUDENC@fo,Eo 811@G 'ER.'T REOT"IED PIIOR T,, VE.011TI@, @L jti-@o BEG DIT@ c@T "'NEW Si@ALE @ 0 )'@OLI I REA SSMH R; 12 19 1, 5 3 7 D"C"o 09-,' S I TE PLAN PARCEL LABELED 11 HAZEL JONES" IEIISED PI @' PROPERTYOFWILLIAAf WOODHOUSE,ET AL BLOCK 26 - OCEANA GARDENS .9 IP3 P 16 LYNNIIAVEN BOROUGfl V$RGINIA BEACII,VA, S@ALE 1"z@O 181AI.ARY l@69 PATrY A@D BE.N@@. '@"ES - 16 - Item V-F.4. RESOLUTIONS/ORDINANCE ITEM # 31437 Virginia Glover, 7609 Woodridge Circle, Alexandria, Virginia, Phone: (703) 765-5962, represented the applicant. Virginia Clover presented letters from adjacent residents in support of the application. (Said letters are hereby made a part of the record.) Mayor Oberndorf read a 'phone message from Georgette Constant-Davis who wished to convey a message from Ray Smouse, President of Northern Virginia Beach Civic League which is OPPOSED in principle to the application. A MOTION was made by Councilman Balko, seconded by Councilman Baum to ADOPT a Resolution authorizing the enlargement of the nonconforming use and structure at 112 86th Street, Property of Allison G. Glover and Virginia B. Clover. Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober and John L. Perry Council Members Voting Nay: Barbara M. FIenley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, liancy K. Parker and William D. Sessoms, Jr. Council Members Absent: None - 17 - Item V-F.4. RESOLUTIONS/ORDINANCE ITEM # 31437 (Continued) Upon motion by Counci I woman Parker, seconded by Counci Iman Moss, City Cunci I DENIED: Resolution authorizing the enlargement of the nonconforming use and structure at 112 86th Street, Property of Allison G. Glover and Virginia B. Glover. Voting: 7-4 Counci I Members Voting Aye: Albert W. Balko, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Wi I I i am D. Sessoms, Jr. Council Members Voting Nay: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober and John L. Perry Counci I Members Absent: None - 18 - Item V-F.5. RESOLUTIONS/ORDINANCE ITEM # 31438 Upon motion by Counci Iman Moss, seconded by Counci lwoman Parker, City Counci I ADOPTED: Resolution authorizing and directing City Staff to apply for B-3 zoning of the City-owned property at Baxter Road and Independence Boulevard. Councilwoman McClanan requested an analysis of the setbacks and the uses which are allowed In B-3. Counci Iman Moss assumed the City Staff wi I I subject this appl ication to as much, if not more,critical analysis than one submitted by a private developer. This application should set the example for Conditional Zoning. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Veyor 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 2 RESOLUTION AUTHORIZING AND 3 DIRECTING CITY STAFF TO APPLY FOR 4 THE REZONING OF THE CITY-OWNED 5 PROPERTY AT BAXTER ROAD AND 6 INDEPENDENCE BOULEVARD 7 8 9 WHEREAS, in 1986, the City of Virginia Beach acquired 0 three parcels of land (see attached map, hereafter referred to as 1 the "property") located at the intersection of Baxter Road and 2 Independence Boulevard to help facilitate construction of the 3 Baxter Road flyover project; and 4 WHEREAS,ithis property represents a significant asset of 5 the City of Virginia Beach; and 6 WHEREAS, a committee made up of City staff members has 7 recommended to the Council of the City of Virginia Beach that the 8 City, on its own motion, apply to have this property rezoned to 9 zoning category B-3; and 0 WHEREAS, the Council by this resolution takes no 1 position on the merits of this rezoning, but believes that 2 rezoning to facilitate appropriate development on this property 3 should be reviewed: 4 5 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 6 OF VIRGINIA BEACH, VIRGINIA, AS FOLLOWS: 7 The Director of Economic Development is hereby 8 authorized and directed to submit a rezoning application on behalf 9 of the City, requesting that the zoning on the property be changed 0 to zoning category B-3. 2 Adopted by the City Council of the City of Virginia 3 Beach, Virginia, on the 26 day of June 1989.@ 4 5 KJC/dhh 6 CA-89-3215 7 03/10/89 8 03/28/89 APtnR-@VED AS TO LEGAE 9 \ordin\noncode\baxter.res UFF N ICIENC,Y A D FOPM C'T' '@TT""EY BUSINESS SITE IA AKE "E 'Ar VrRGINIA BEACH VrRGrNTA Locatio.n: Soutti /tidepenrfence Blvd. AnAKnC & Baxter Rd. OCEAN Present B-2, 1-2 Zonin@. A,rea- 18.33 Useable Acres UtilitiCS: Electric: VEPCO Natural Gas; Vlrgfnia Mattiral Gas Water & Seiver: City of Virgiiiia Beacti ....... .. ... LcLrciid: Site Boundary @.Proposed Road ..... ...... litiprovemcnts I p (Oct For addiffonal lnformet on losso COn city or viroinin 1?00ctf 6oportmant of ............................ ............ E@wWc Davoloi)m.nt, 770 Lynnhavan P.rkw$Y, Suit* 200, Virfulni. Beach, Virginto 23462 -456 7 ...... . -0 (804) 408 Phono: .... .... - 19 - Item V-G. CONSENT AGENDA ITEM # 31439 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council APPROVED in ONE MOTTON Items 1, 2, 3 and 4 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. flenley, 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: "Councilwoman Reba S. McClanan VERBALLY ABSTAINED on Item V-G.4. Councilwoman McClanan believed her husband, Delegate Glenn McClanan was involved in the closing of this piece of property. Council @lembers Absent: None - 20 - Item G.I. CONSENT AGENDA ITEM # 31440 Upon motion by Vlce Mayor Fentress, seconded by Counci ]man Heischober, City Council ADOPTED upon SECOND READING: $1,642,000 tor the FY 1989-90 School Textbook Rental Fund Budget. $8,363,985 for City of Virginia Beach School Programs funded by Special Categorical Grants for school year 1989-90. $11,502,501 for the FY 1989-90 School Cafeteria Enterprise Fund Budget. $34,450 for the FY 1989-90 School Athletic Enterprise Fund Budget. Voting: 11-0 Councl I Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Mayor Nbyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None The City Clerk referenced Councilman Moss's letter of March 30, 1989, which pursuant to Section 2.1-639.14E of the Code of Virginia, Ann., DECLARED although his wife Is a teacher with the Virginia Beach School System, he is able to review, make recommendations and approve or deny a budget regarding the School Board fairly, objectively and in the best public interest. (Said letter Is hereby made a part of the proceedings.) JOHN D. MOSS 4021 GLEN ROAD COUNCILMAN VIRGINIA BEACH, VIRGINIA 23452 KEMPSVILLE BOROUGH fBO4) 498-0318 March 30, 1988 Mrs. Ruth Hodges Smith, CMC City Clerk Municipal Center Virginia Beach, VA 23456 Re: School Board Budget Dear Mrs. Smith: Pursuant to Section 2.1-639.14E of the Code of Virginia, Ann., I make the following declaration: 1. As a member of the City council of the City of Virginia Beach, I have a duty and responsibility to the citizens of Virginia Beach to review, make recommendations and approve or deny the School Board budget, and I intend to carry out said duties as fairly and faithfully as I can; and 2. Pursuant to the State Conflict of Interests Act prior to taking any action on the school Board budget, I am disclosing that my wife is a teacher in the Virginia Beach school system; and 3. My wife, as a teacher in a profession, nccupation and group along with several hundred other teachers, could possibly be affected by City Council's vote on the School Board budget; and 4. I am able to review, make recommendations and approve or deny a budget regarding the School Board fairly, objectively and in the public interest even though my wife is one of many teachers within the school system. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance and cooperation in this matter. y truly yours, n D@ ncilmember JDM/CJS/awi cc: Paul A. Sciortino, Commonwealth Attorney 1 AN ORDINANCE TO APPROPRIATE FUNDS OF 2 $1,642,000 FOR THE FY 1989-90 SCHOOL 3 TEXTBOOK RENTAL FUND BUDGET 4 WHEREAS, the Attorney General of Virginia has opined that School 5 Board expenditures of funds generated by the rental of textbooks require an 6 appropriation of the local governing body; 7 WHEREAS, the Virginia Beach School Board has a textbook rental 8 plan whereby rental income is deposited in a textbook rental fund and 9 purchases of textbooks and other related expenses are paid from this fund; 10 WHEREAS, the School Board has submitted a Textbook Rental Fund 11 budget for FY 1989-90 in order to comply with the Attorney General's 12 opinion; 13 WHEREAS, the Textbook Rental budget approved by the School Board 14 included total revenues of $1,642,000 and total disbursements of 15 $1,642,000 for fiscal year 1989-90. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 That funds in the amount of $1,642,000 be appropriated for a 19 School Textbook Rental Fund budget in the manner approved by the School 20 Board. 21 BE IT FURTHER ORDAINED: 22 That this appropriation be financed by Estimated Revenues of 23 $1,642,000 in the School Textbook Rental Fund. 24 BE IT FURTHER ORDAINED: 25 That funds in the amount of $130,000 in the FY 1989-90 School 26 Operating Fund are transferred to the Textbook Rental Fund. 27 This ordinance shall be effective from the date of its adoption. 28 Adopted by the Council of the City of Virginia Beach, Virginia 29 on the 26 day of June 1989. 30 FIRST READING: June 19, 1989 31 SECOND READING: June 26, 1989 PWC WPI/ORD117 1 AN ORDINANCE TO APPROPRIATE FUNDS OF 2 $8,363,985 FOR CITY OF VIRCTNIA BEACH 3 SCHOOL PROGRAMS FUNDED BY SPECIAL 4 CATEGORICAL GRANTS FOR SCHOOL YEAR 1989-90 5 WHEREAS, the Virginia Beach School Board has been nolified that 6 it will receive funds of $8,363,985 through special state and federal 7 categorical grants for the school year 1989-90; 8 WHEREAS, these funds were not included in the FY 1989-90 School 9 Operating Budget approved by City Council; 10 WHEREAS, the School Board approved this funding and requests 11 that City Council appropriate these funds; 12 WHEREAS, it is desirable and necessary for the City Council to 13 appropriate these funds prior to the incurrence of the expenditure. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 That funds in the amount of $8,363,985 be appropriated for 17 school purposes for FY 1989-90. 18 BE IT FURTHER ORDAINED that this appropriation be financed by 19 $8,363,985 estimated revenue from the Federal Government; 20 BE IT FURTHER ORDAINED that this appropriation is authorized 21 subject to the expenditures being incurred with no local match. 22 This ordinance shall be effective from the date of its adoption. 23 Ad6pted by the Council of the City of Virginia Beach, Virginia 24 on the 26 day of June 1989. June 19, 1989 25 FIRST READING: June 26, 1989 26 SECOND READINC: PWC WP1/ORD116 I AN ORDINANCE TO APPROPRIATE FUNDS OF 2 $11,502,501 FOR THE FY 1989-90 SCIIOOL 3 CAFETERIA ENTERPRISE FUND BUDGET 4 WHEREAS, the Attorney General of Virginia has opined that School 5 Board expenditures of funds generated by the sale of cafeteria meals re- 6 quire an appropriation of the local governing body; 7 WHEREAS, the Virginia Beach School Board has a cafeteria meal 8 program whereby meal income is deposited in a cafeteria enterprise fund 9 and purchases of food and other related expenses are paid from this fund; 10 WHEREAS, the School Board has submitted a Cafeteria Enterprise 11 Fund budget for FY 1989-90 in order to comply with the Attorney General's 12 opinion; 13 WHEREAS, the Cafeteria Enterprise Fund budget approved by the 14 School Board included total revenues of $11,502,501 and total disburse- 15 ments of $11,502,501 for fiscal year 1989-90. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRCINIA BEACH, VIRGINIA: I8 That funds in the amount of $11,502,501 be appropriated for a 19 School Cafeteria Enterprise Fund budget in the manner approved by the 20 School Board. 21 BE IT FURTHER ORDAINED: 22 That this appropriation be financed by Estimated Revenues of $11,502,501 23 in the School Cafeteria Enterprise Fund. 24 This ordinance shall be effective from the dale of its adoption. 25 Adopted by the Council of the City of Virginia Beach, Virginia 26 on the 26 day of June 1989. 27 FIRST READINC: June 19, 1989 June 26, 1989 28 SECOND READING: PWC WPI/ORD250 1 AN ORDINANCE TO APPROPRIATE FUNDS OF 2 $334,450 FOR THE FY 1989-90 SCHOOL 3 ATHLETIC ENTERPRISE FUND BUDCET 4 WHEREAS, the School Board expenditures of funds generated by the 5 sale of admissions to high school football games, basketball games, gym- 6 nastics meets, and wrestling matches require an appropriation of the local 7 governing body; 8 WHERFAS, the Virginia Beach School Board has an athletic program 9 whereby admissions income is deposited in an athletic enterprise fund and 10 disbursements from this account are used to purchase athletic equipment 11 and uniforms, to pay officials, and to provide miscellaneous supplies; 12 WHEREAS, the School Board has submitted a budget for the 13 Athletic Enterprise Fund for FY 1989-90; 14 WHEREAS, the Athletic Enterprise Fund budget approved by the 15 School Board included total revenues of $334,450 and total disbursements 16 of $334,450 for fiscal year 1989-90. 17 NOW, THEREFORE, BE IT ORDAINED BY TIIE COUNCIL OF TIIE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 That funds in the amount of $334,450 be appropriated for a 20 School Athletic Enterprise Fund budget in the manner approved by the 21 School Board. 22 BE IT FURTHER ORDAINED: 23 That this appropriation be financed by Estimated Revenues of 24 $334,450 in the School Athletic Enterprise Fund. 25 This ordinance shaii be effective from the date of its adoption. 26 Adopted by the Council of the City of Virginia Beach, Virginia 27 on the 26 day of June 1989. 28 FIRST READINC: Juve 19, 1989 29 SECOND READING: Junc 26, 1989 PWC WP1/ORD119 - 21 - Item G. 2. CONSENT AGENDA ITEM # 31441 Upon motion by Vice @yor Fentress, seconded by Counci Iman Heischober, City Council ADOPTED upon SECOND READFNG: Ordinance to APPROPRIATE $1,447,484 to the Department of Public Utilities due to an Increase in the rate of water purchased from the City of Norfolk. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. BaLim, 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: Nc>ne 1 AN ORDINANCE TO APPROPRIATE FUNDS OF $1,447,484 2 TO THE DEPARTMENT OF PUBLIC UTILITIES DUE TO AN INCREASE 3 IN THE RATE OF WATER PURCHASED FROM THE CITY OF NORFOLY, 4 WHEREAS, due to an increase in the rate of water purchased from the City of 5 Norfolk, on June 5, 1989, the City Council of the City of Virginia Beach amended 6 the City Code increasing the water rate charged to customers from $2.18 to $2.32 7 per thousand gallons effective as of July 1, 1989; 8 WHEREAS, the revised rate will result in an operating budget increase of 9 $1,447,484 for the purchase of water; 10 WHEREAS, the increase in appropriations will be offset by a like increase in 11 estimated revenues from the sale of water to customers; 12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 That funds in the amount of $1,447,484 are hereby appropriated to the 15 Department of Public Utilities for an increase in the rate of water purchased 16 from the City of Norfolk. 17 BE IT FURTHER ORDAINED: 18 That the increase in appropriations be offset by a like increase in es- 19 timated revenues from the sale of water. 20 This ordinance shall be effective from the date of its adoption. 21 Adopted by the City Council of the City of Virginia Beach, Virginia on the 22 26 day of June 1989. 23 First Reading: June 19, 1989 24 Second Reading: June 26, 1989 APPROVED AS TO CONTENTS SIGNAT'URE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM - 22 - Item V-G.3. CONSENT AGENDA ITEM # 31442 Upon motion by Vice Mayor Fentress, seconded by Counci Iman Heischober, City Council ADOPTED upon SECOND READING: Ordinance to ACCEPT and APPROPRIATE $8,196 Grant from the Virginia Department of Housing and Connunfty Development for an Finergency Home Repair 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 ACCEPT AND APPROPRIATE $8,196 FROM THE VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR AN EMERGENCY HOME REPAIR PROGRAM WIIF,'Itl,@AS, tile Commotlw(!HIt Ii of Vii-f'jrlia lllis (!Stfibilsli(@(I tll(! Virginia Houslng Partnerstilp Fund to encourage the lmprovemelit of houslng opportunltles for low-income Virginians; and WHERFAS, the Virginia Department of Housing and Community Development has authorized grants uti(ler tliis program to localities to provide emergency home repairs to eliglble citizens: and WHEREAS, the Virginla Department of Houslng and Community Development has Informed tlie City that $8,196 lias been awarded to the City for such emergency r(!pairs; NOW: l'ifEREFORE, BE IT ORDAINED BY TIIE COUNCIL OF TIIE CITY OF VIRGINIA BEACII that a grant of $8,196 from ttie Virginia Department of Housing and Commutiity Developmeiit for emergency home repairs is accepted and appropriated to the City of Virginia Reach's Department of Housing aiid Community Developmerit. BE IT FURTIIER OIZDAINEI) TJIAT tlie Clty Manafer iq iitithorized to execute a grant agreemeiit with the Vtrgiiiia Department of Housing and Community Development acceptlng stich funds. BE IT FURTHER ORDAINED THAT the City of Virglilla Reacli will comply with all requirements of this program as set fortli by tile Virginia Department of Housing and Community Development. Adopted by the Council of the City of Virginia Beacti on ttie -96 June day of 1989. APPROVED AS TO CONTENT: APPROVED AS TO FORM Mar ck, Director City Attorney Department of Housing and Community Development First Reading: June 19, 1989 Second Reading: June 26, 1989 - 23 - Item V-G.4. CONSENT AGENDA ITEM # 31443 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED upon SECOND READING: Ordinance to APPROPRIATE $167,500 of funds in the School Site Acquisition Fund; and, TRANSFER the funds to the project account for the future construction of Ocean Lakes High School. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: "Councilwoman Reba S. McClanan VERBALLY ABSTAINED. Councilwoman McClanan believed her husband, Delegate Glenn McClanan, was involved in the closing of this piece of property. Council Members Absent: None The City Clerk referenced Councilman Moss's letter of March 30, 1989, which pursuant to Section 2.1-639.14E of the Code of Virginia, Ann., DECLARED although his wife is a teacher with the Virginia Beach School System, he is able to review, make recommendations and approve or deny a budget regarding the School Board fairly, objectively and in the public interest. (Said letter is hereby made a part of the proceedings.) 1 AN ORDINANCT TO APPROPRIATE $167,500 OF FUNDS 2 IN THE SCHOOL SITE ACQUISITION FUND AND TRANSFER 3 THE FUNDS TO THE PROJECT ACCOUNT FOR THE FUTURE 4 CONSTRUCTION OF OCEAN LAKES HIGH SCHOOL 5 WHEREAS, agreements have been executed between two property owners and 6 the city of Virginia Beach for the acquisition of 6.127 acres of land to be used 7 for the future construction of Ocean Lakes High School; 8 WHEREAS, R. G. Moore Co. has agreed to pay for the acquisition and has 9 deposited with the city the necessary amount of $167,500 for the purchase of the 10 land; 11 WHEREAS, it is necessary to appropriate the receipt in,the School Site 12 Acquisition Fund and, subsequently, to transfer tbe like amount to the capital 13 project fund to properly account for the land acquisition. 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 That funds in the amount of $167,500 are hereby appropriated to the 17 School Site Acquisition Fund for the purchase of land for the future construction 18 of Ocean Lakes High School. 19 BE IT FURTHER ORDAINED: 20 That funds in the amount of $167,500 are hereby transferred to Project 21 1-010 Ocean Lakes High School to properly account for the land acquisition. 22 This ordinance shall be in effect from the date of its adoption. 23 Adopted by the Council of the City of Virginia Beach, Virginia on the 24 26 day of June 1989. 0 cotAltrAts 25 First Reading: June 19, 1989 26 Second Reading: June 26, 1989 VE, 'o,qEl - 24 - Item V-H. PUBLIC HEARING PLANNING ITEM # 31444 Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. RECONSIDERATIONS (a) WILLIAM DRINKWATER ET UX CONDITONAL ZONING CLASSIFICATION (b) BACK BAY SPORTING CLAYS, INC. CONDITIONAL USE PERMIT 2. PLANNING (a) TA ASSOCIATES CHANGES OF ZONING (b) HILDA W. ARCHBELL CHANGE OF ZONING (c) T & J PARTNERSHIP CONDITIONAL USE PERMIT (d) MICHAEL AND VERONICA JENNINGS CONDITIONAL USE PERMIT (e) CLYDE R. AND BETTY J. HELTON VARIANCE (f) FRANK A. MARTIN VARIANCE (g) MURRAY WHOLESALE DRUG CORPORATION CONDITIONAL ZONING CLASSIFICATION - 25 - Item V-H.I. PUBLIC HEARING PLANNING - RECONSIDERATIONS ITFYI # 31445 Senator Moody E. Stallings, Stallings and Richardson, P.E. - Attorneys and Counsellors at Law, Beach Tower Suite 500, 3330 Pacific Avenue, P.O. Box 1687, represented the applicant OPPOSITION: John M. Connell, 409 23rd Street, adjacent resident John S. Jarnagin, 501 23rd Street, resident of property across the street from the applicant George S. Pruitt, 416 23rd Street, Phone: 425-1122, ten-year resident Betty Lou Connell, 409 23rd Street, Phone: 428-1562, life-long resident of 23rd Street submitted photographs of this area (relative the site in question) which are hereby made a part of the record C. W. Ramsey, 614 B 23 1/2 Street, Phone: 422-4485, Tom Jackson, 430 23rd Street, Phone: 422-4773 Patrick McCullagh, 564 Pantela Drive, Phone: 1-272-4338, adjacent property owner; however, resides in Richmond. Anne Henry, 506 27th Street, Phone: 428-5962, represented the Old Beach Civic League Upon motion by Vice Mayor Fentress, seconded by Councilwoman Henley, City Council DENIED an Ordinance upon application of WILLIAM DRINKWATER ET UX for a Conditional Zoning Classification: ORDINANCE UPON APPLICATION OF WILLIAM DRINKWATER ET UX FOR A CONDITIONAL ZONING CLASSIFICATION FROM R- 5D RESIDENTIAL DUPLEX DISTRICT TO R-13 RESORT TOURIST DISTRICT Ordinance upon application of William Drinkwater et ux for a Conditional Zoning Classification from R- 5D Residential Duplex District to R-13 Resort Tourist District on Lot 2 and 1/2 of Lot 4, Block 55, Virginia Beach Development. Said parcel is located at 500 23rd Street and contains 7150 square feet. VIRGINIA BEACH BOROUGH. Councilwoman Nancy Parker DISCLOSED she and her husband are a member of a group of persons that own property within the vicinity of the parcel at 500 23rd Street. Each parcel is not adjacent to or affected by the parcel owned by William Drinkwater. She and her husband have no interest in William Drinkwater's parcel at 500 23rd Street. She is able to participate in he rezoning request fairly, objectively and in the public interest. As provided in Section 2.1-639.14E of the Code of Virignia, Councilwoman Parker requests this declaration be available in the Office of the City Clerk for a period for five years. Said letter is hereby made a part of the proceedings. Councilman William Sessoms DISCLK)SED, as per response from the Commonwealth Attorney, Paul A. Sciortino, although he is a loan officer at Central Fidelity Bank, who loaned the funds to William Drinkwater to acquire the property in question, he is able to review, make recommendations and approve or deny said application for a Cliange of Zoning objectively and in the best public interest. (Said letter is hereby made a part of the proceedings.) - 26 - Item V-H.l. PUBLIC HEARING PLANNING - RECONSIDERATIONS ITEM # 31445 (Continued) Voting: 8-3 Council Members Voting Aye: John A. BaLin, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, @yor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: Albert W. Balko, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None MoNvV]LAI-'I@ll, 01,, \ OFFICE OF TtiE COMMONWEALTH'S ATTORNEY (:IIY()[ Vll?(',$NtA II[ A(:l I VII i'll@JIA (1,"") May 26, 1989 Mr. Moody E. Stallings, Jr. Stallings and Richardson, P.C. Beach Tower Suite 500 3330 Pacific Avenue P.O. Box 1687 Virginia Beach, Va. 23451 Re: C011flict of lnterest Councilman Will Sessoms Dear Mr. Stallings: This letter is in response.to your inquiry of May 2, 1989 in behalf of Virginia Beach City Couiicilman Will Sessoms. You requested an opinion from my office as to wliether Mr. Sessoms would be in violation of Virginia's State and Local Government Conflict of Interests Act by voting on a rezoning appl.icatioll filed by Mr. William Drinkwater for a parcel of property Mr. Drinkwater owils at 500 23rd street, Virginia Beach, from R-5D (single family duplex on 5000 square foot lots) to R-T3 (multiple use office-coinmercial) . As you noted in your inquiry, the potential conflict arises from the fact that Mr. Sessoms is a loan officer at Central Fidelity Bank, which loaiied Mr. Drinkwater tlie ftiiids to acquire tlie property in question. You also noted tliat Mr. Sessoms was the loaii officer involved in the transaction, which occurred before Mr. Sessoms became a member of council. Based an a review of the Coiiflict of Interests Act atid information and documentation provided by you iii your letter of May 18, it is my opinion that Central Fidelity Bank does not liave a personal interest in the vote in questioii, and ttius ttiat iio persoiial interest in the transalction attaclies to Mr. Sessoms as a result of his position with the bank. I base this conclusion on the followilig: Under Section 2.1-639.2 of the Act, a governmental agency "means each coinpotient part of tlle legislative, executive ... brancliee; ... of local governmeiit. " Tlius, as tlie legislative aiid executive branch of local government, City Council is a governmeiital agency. Under the same section of the Act, an off icer "means ally person ... elected to any governmental .. agency... " Thus, Mr. Sessoms is an off icer. Additionally, a transaction "means any matters considered by any ... governmetital agency ... on wliicii official action is taken or contemplated." Therefore, the vote taken by city council on the rezonirig application iri question is an official action of the council and would be a transaction as defined by the Act. Also under Section 2.1-639.2, a personal interest "means a financial benefit or liability accruilig to an officer ... " and includes "salary" or "other compeilsation ... paid or provided by a business that exceeds ... 11$10,000 aiiziually." As a loall officer of Central Fidelity Bank, Mr. Sessoms tlius lias a persolial ititerest in the bank, a business as defiiied by the Act as "a corporation ... or entity carrying an a business or profession." Still under Section 2.1-639.2 of tlie Act, a persolial iliterest ill a transaction exists "when an officer ... has a personal interest in ... a business ... and such ... business ... may realize a reasonably foreseeable direct or indirect benefit or detrimerit as a result of ttie action of the ageiicy considering the trailsaction." As you document in your letter of May 18, Mr. Drinkwater's property for which the rezoning is souglit is currently appraised at $137,000. You state further that the balance due on the loan to Central Fidelity Bank is $113,000. These figures indicate that the loan from the bank is well-protected and that repayinent of the loan is not contingent on the outcome of the rezoning application. Thus, even if the market value of the property were to increase or decrease as a result of the rezoning, it is not "reasonably foreseeable" that there would be a "direct or indirect beriefit or detriment" to Central Fidelity Bank. In addition, "a councilmember may vote without restriction on an issue before the council wlien ajiy effect tlie council's action may have on the member's persozial iiiterest is speculative, reniote or contingent on factor's beyond tlie member's control." See C.O.I Adv. Op. No. 8-Al5 (1988); 1986-87 Attly Gen. Ann. Rep. 11. Because of the nature of the real estate market, any significalit increase or decrease in tlie market value of tlip- property in question as a result of the requested rezoniiig is "speculative, remotel' and "contingent on events beyond the councilmember's control." i It is my judgement tllat a cliaiige in tlie zoiiiilg of tlie property would involve no "reasonably foreseeable direct or indirect beriefit or detriment" to the bank as defined by the Act. Therefore, neither the bank iior Mr. Sessoms as a loan officer with tlie bailk appears to have a personal interest in the rezoning. 2 my opinion in tliis matter is based oii ttie facts and documelitation as represented to me. If you have any questions, please feel free to contact me. Very tJr rs. Paul A i@ino Commonwealth's Attorney PAS:dhs 3 NANCY K. PARKER 6()4 GOLOSBORO AVENUE COUNCILWOMAN VIRGINIA 13EACH, VIRGINIA 23451 AT-@GE (804) 425-1589 May 25, 1989 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's Office Municipal Center Virginia Beach Re: Declaration Concerning March 27, 1989 Vote Regarding the William Drinkwater Rezoning Request Dear Mrs. smith: During the discussion on March 27, 1989 regarding the rezoning application of 500 23rd Street, it was very clearly stated by the presenting attorney that my husband and I owned property in the vicinity of the rezoning request. To further assure and formally state according to the strictest interpretation of the disclosure process so there will be no question regarding my vote for denial on the proposed rezoning at 500 23rd street from R-5D (residential) to R-T3 (a law office), I make the following declaration: 1. My husband and I are members of a group of persons that own property within the vicinity of the parcel at 500 23rd Street. Specifically, we own rental property at 417 23rd Street, 417 231 street and 513 23rd Street. Each parcel owned by my husband and I is not adjacent to or af f ected by the parcel owned by Mr. Drinkwater. In f act, our properties are separated by a street and several other parcels. My husband and I have no property interest whatsoever in Mr. Drinkwater's parcel at 500 23rd Street. 2. As a member of a group of property owners owning property in the vicinity of the Drinkwater parcel, I was able to participate in the rezoning request fairly, objectively and in the public interest. Mrs. Ruth Hodges Smith -2- May 25, 1989 3. The real estate that my husband and I own would not have any reasonable foreseeable benefit or detriment in light of my vote to deny Mr. Drinkwater Is request to rezone his property for a proposed law office. For these reasons, I feel that my vote for denial was appropriate, in the best interest of the general public, and for the continued preservation of the existing neighborhood. I would appreciate the City Clerk retaining and making available for public inspection this declaration for a period of five years as provided in SS2.1-639.14t of the Code of Virginia. Thank you for your attention and cooperation in this matter. Very truly yours, 2 clt il@k e r Councilmember CC: The Honorable Mayor Members of City Council The Honorable Paul A. Sciortino lice Ch - 27 - Item V-H.I.b. PUBLIC HEARING PLANNING ITEM # 31446 Senator Moody E. Stal I lngs, Stal I ings and Richardson, P.E. - Attorneys and Counsellors at Law, Beach Tower Suite 500, 3330 Pacific Avenue, P.O. Box 1687, represented the applicant Attorney Thornas Padrick, represented residents of the area and submitted a petition in opposition. (Said petition is hereby made a part of the record.) A MOTION was made by Councilwoman Parker, seconded by Councilwoman McClanan to DENY an appl lcation of BACK BAY SPORTING CLAYS, INC. for a Conditional Use PerTnit for a recreational facility of an outdoor nature (clay pigeon shooting range) on the South s i de of Campbe I I s Land i ng Road, 4752 f eet more or I ess East of Morris Neck Road, containing 20 acres (PUNGO BOROUGH). Upon SUBSTITUTE MOTION by Counci Iman Sessoms, seconded by Counci lman Perry, City Council ADOPTED an Ordinance upon application of BACK BAY SPORTING CLAYS, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF BACK BAY SPORTING CLAYS, INC. FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF AN OUTDOOR NATURE (clay pigeon shooting range) R06891230 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ord i nance upon app I I cat i on ot Back Bay Sport i ng Clays, Inc. for a Conditional Use Permit tor a recreational tacility of an outdoor nature (clay pigeon shooting range) on certain property located on the south side of Campbells Landing Road, 4752 feet more or less east of Morris Neck Road. Said parcel contains 20 acres. Plats with more detailed Information are available in the Department of Planning. PUNGO BOROUGH. The following conditions shall be required: 1. The appl lcant must submit a protection plan for the marsh to avoid adverse effects of the plastic wads expe I I ed f rorn the shotgun she I 1 5 at the marsh shooting station. BIodegradable wadding shal I be utilized or a net system to catch the wadding. 2. Clays shall be biodegradable. 3. Hours of operat I on sha I I be f rom 12 NOON to 6: 00 P.M. and no shooting before NOON nor after 6:00 P.M. 4. There shall be no operation on Sundays. 5. No a I cohol sha I I be consumed on the premi ses . 6. Shotguns sha I I be I lm fted to 12-gauge 7. Only steel shots shall be utilized. - 28 - Item V-H.I.b. PUBLIC HEARING PLANNING ITEM # 31446 (Continued) 8. The Conditional Use Permit shall be for a period of one (1) year. 9. A right-of-way dedication is required along the frontage of this property on Campbells Landing Road, to provide for an ultimate sixty-foot (601) right-of-way. Approximately fifteen-feet (151) of right-of-way dedication will be required during detailed site plan review. 10. 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 %nagement District. This Ordinance shall be effective upon the dateof adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- sixth Day of June, Nineteen Hundred and Eighty-nine. Voting: 5-4 Council Members Voting Aye: Albert W. Balko, Vice Mayor Robert E. Fentress, Harold Heischober, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Abstaining: John A. BaLn and Barbara M. Henley Council Members Absent: None Counci I Members Bam and Henley ABSTAINED as they do business with the owner of the property, Frank Williams. - 29 - Item V-1f.2.a. PUBLIC HEARING PLANNING ITEM # 31447 The City Clerk referenced letter form Thomas M. Cistola, Partner TA Associates, dated May 8, 1989, requesting WITHDRAWAL. Thomas M. Cistola, 5274 Lake Victoria Arch, Phone; 463-9500, represented the applicant and requested WITHDRAWAL. Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of TA ASSOCIATES for a Change of Zoning: ORDINANCE UPON APPLICATION OF TA ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION B-2 TO 0-1 Ordinance upon application of TA Associates for a Change of Zoning District Classification from B-2 to 0-1 Office District on certain property located at the southeast corner of Virginia Beach Boulevard and North Fir Avenue on Lots 11, 12 and 13, Block 23, Property of G. W. Deal. Said parcel contains 12,632.4 square feet. KEMPSVILLE BOROUGH. AND, ORDINANCE UPON APPLICATOIN OF TA ASSOCIATES FOR A CHANCE OF ZONING DISTRICT CLASSIFICATION FROM R-5D TO 0-1 Ordinance upon application of TA Associates for a Change of Zoning District Classification from R-5D Residential Duplex District to 0-1 Office District on Lot 10 and a part of Lot 9 and Lots 23-26, Block 23, Property of G. W. Deal. Said parcel contains 24,393.6 square feet. KEMPSVILLE BOROUGH. The MOTION was subject to the applicant not reapplying for at least one year. 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. ouncil Members Voting Nay: None Council Members Absent: None - 30 - Item V-H.2.b. PUBLIC HEARING PLANNING ITEM # 31448 Attorney Robert Byrum, 2145 Old Greenbrier Road, represented the applicant, and advised the final plat necessitates minor corrections. Upon motion by Vice Mayor Fentress, seconded by Counci Iman Heischober, City Counci I ADOFITED an Ordinance upon application of HILDA W. ARCHBELL for a Gfiange of Zoning: ORDINANCE UPON APPLICATION OF HILDA W. ARCHBELL FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R- 5S TO R-T3 Z06891248 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA Ordinance upon application of Hilda W. Archbell for a Change of Zoning District Classification from R- 5S Residential Single Family District to R-T3 Resort Tourist District on Lots 1 and 2, Block 18, Shore Acres. Said parcel is located at 406 Winston Salem Avenue and contains 16,988.4 square feet. VIRGINIA BEACH BOROUGH. The following conditions shall be required: 1. The f lnal plat for vacating interior lot I !nes shall be subject to approval of the Planning Department and recorded with the Clerk of Circuit Court. 2. The site shall be cleaned immediately. This Ordinance shal I be effective upon the date of adoption. Adopted by the Counci I of the City of Virginia Beach, Virginia, on the Twenty- sixth Day of June, Nineteen Hundred and Eighty-nine. Voting: 11-0 Counci I Members Voting Aye: Albert W. Balko, John A. BaLin, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, 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 V-H.2.c. PUBLIC HEARING PLANNING ITEM # 31449 Jef frey R. Rat IItf , Author i zed Represen tat i ve, T & J. Partnershlp, represented the applicant James Smith, Partner - T & J Partnership Attorney Charles Trefzger, represented the applicant Upon motion by Councilman Moss, seconded by Councilman Balko, City Council ADOPTED an Ordinance upon application of T & J PARTNERSHIP for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF T & J PARTNERSHIP FOR A CONDITIONAL USE PERMIT FOR A NURSING HOME R06891231 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of T & J Partnership for a Conditional Use Permit for a nursing home on the north side ot Indian River Road, 200 feet more or less west of Thompkins Lane. Said parcel Is located at 2055 Indian River Road and contains 5.496 acres. Plats with more detailed information are available in the Department of planning. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. Category I I screening along the eastern, northern and western boundaries for the site to include a fifteen-foot (151) buffer along the perimeter of the northern end. 2. A twelve-foot (121) right-of-way dedication Is required along Indian River Road to establish an eight (8) lane divided section as per the Master Street and Highway Plan. 3. A right-of-way dedication for a right-turn lane is required for this site. Only one (1) entrance (curb cut) will be allowed on Indian River Road (deceleration lane). 4. Automatic sprinkler and fire alarm systems meetlng the approval of the City's Fire Protection Engineer. 5. For reasons of neighborhood compatibility, the height of the building will be limited to one story and the architecture shall be as per the site plan submitted June 26, 1989. The following shall also be adhered to: a. Limited to a one hundred-twenty (120) bed facility. b. The building shall be an all brick structure. c. Low level I ighti ng shal I be dlrected inward away from the property lines. d. Landscaping In front of the parcel adjacent to Indian River Road shall be In accordance with the illustration and proposed site plan presented at the City Council Meeting of June 26, 1989. - 32 - Item V-H.2.c. PUBLIC HEARING PLANNING ITEM # 31449 (Continued) 6. Access wi II be I imi ted to I nd i an Riv er Road to discourage any traffic Impact upon the neighborhood. 7. At site plan review, the location of the bui Iding must be set back further from Indian River Road at a location acceptable to the Planning Staff. Further widening to Indian River Road could otherwise cause undue disruption to this facility in the future (deceleration lane). 8. A minimum of sixty-five (65) parking spaces shall be provided. 9. The vacant land to the rear of this site Is to remain a part of the nursing home. (Said land is to be incorporated into the rear of the site with proper landscaping.) 10. The Conditional Use Permit shall be subject to the Issuance of a Certificate of Need by the Commonwealth of Virginia for any number of beds. (It is understood a certificate of need exists for sixty (60) beds. If additional beds are provided and the nursing home Is expanded, a Certificate of need must exist for the total nlxnber of beds.) Should same not be issued, said Conditional Use Perm it sha I I be null and void and single family homes shall be constructed Instead of the nursing home. 11. The nursing home shall have ample windows. 12. 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- sixth Day of June, Nineteen Hundred and Eighty-n ne. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. BaLn, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Veyor Meyera E. Oberndorf, Nancy K. Parker and Wflliam D. Sessorns, Jr. Council Members Voting Nay: John L. Perry Council Members Absent: None 6ENER@[- E)TKEET Al C) 6) @ll 6) 6) 0 0 01 Lil (D INDI@N, RIVER F04D Lf, PKtPAREt) bY, FPOPOc)EE) NURSING 110@IE JR R@TLIFF I'll WIND@IIP COVE rq PREP@REI) @ DR, ',IRC.@N,A 13E-Nal, VIRGINIA 234-34 T + J PARINCR5Ml@ (bC)4) :"0-3157 - 33 - Item V-H.2.d PUBLIC HEARING PLANNING ITEM # 31450 Veronica D. Jennings, 3237 Lark Street, Phone. 463-0712, represented herself and requested WITHDRAWAL as the application is no longer necessary. She has only 4 dogs. Robert D. Luke, 405 Bethune Drive, Phone: 463-6845, spoke in OPPOSITION The City Clerk referenced letter dated May 23, 1989, from Buddy W. King, Corresponding Secretary, Princess Anne Plaza Civic League, indicating the request of the Princess Anne Plaza/Windsor Woods Civic League to DENY the application. Said letter is hereby made a part of the record. Upon motion by Councilman Balko, seconded by Councilman fleischober, City Council DENIED an Ordinance upon application of MICHAEL AND VERONICA JENNINGS for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF MICHAEL & VERONICA JENNINGS FOR A CONDITIONAL USE PERMIT FOR A RESTDENTIAL KENNEL Ordinance upon application of Michael & Veronica Jennings for a Conditional Use Permit for a residential kennel on Lot 12, Block 5, Princess Anne Plaza. Said parcel is located at 3237 Lark Street and contains 7,500 square feet. LYNNHAVEN BOROUGH. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf - 34 - Item V-H.2.e PUBLIC HEARING PLANNING ITEM # 31451 Betty Helton, 700 Avalon Avenue, Phone: 420-6022, the applicant, represented herself and presented a site plan and petition in support of the Variance. Upon motion by Councilman Moss, seconded by Councilman Baum, City Council APPROVED the application of CLYDE R. AND BETTY J. HELTON for a Variance to Section 4.4(b) the Subdivision Ordinance. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Clyde R. & Betty Jean Helton. Proeprty is located at 4533-4537 Old Princess Anne Road. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The folowing condition shall be required: 1. The front yard setback for proposed Lot A-2 shall be measured from the rear lot line of proposed Lot A-1. The front yard setback is thirty feet (30') in the R-10 Residential District. 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 V-H.2.f PUBLIC HEARING PLANNING ITEM # 31452 Letter from Jon M. Ahern, Attorney with Guy, Cromwell, Betz & Lustig, P.C, dated June 2, 1989, requesting WITHDRAWAL is hereby amade a part of the record. The City Clerk referenced letters from John C. Aspinwall, TII of Jack Rabbit Self-Storage, expressing OPPOSITION. Petition in OPPOSITION is hereby made a part of the record. Harlan E. Jackson, 3150 Inlet Road, registered in OPPOSITION but did not speak Upon motion by Councilman Balko, seconded by Councilwoman Parker, City Council DENIED an Ordinance upon applicaiton of FRANK A. MARTIN for a Variance to Section 4.4 (d) of the Subdivision Ordinance: Appeal from Decisions of Adminstrative Officers in regard to certain elements of the Subdivision Ordinance. Subdivision for Frank A. Martin. Property is located at 3146 Inlet Road. Plats with more detailed information are available in the Department of Planning. LYNNHAVVEN 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 - 36 - Item -H.2.g PUBLIC HEARING PLANNING ITEM # 31453 Edwin G. Waitzer, 1216 Llewellyn Avenue, Phone: 340-1806, represented the applicant and requested DEFERRAL Ronaid Moorman, 4359 South First Court, Phone: 486-8420, represented area residents Cathleen Ritzo, 149 South Fir Avenue, Phone: 463-5915 The City Clerk referenced the letter of Attorney Grover C. Wright, Jr., and Edwin S. Waitzer requesting DEFERRAL. Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council DEFERRED until the City Council Meeting of August 28, 1989, an Ordinance upon application of MURRAY WHOLESALE DRUG CORPORATION for a Conditional Zoning Classification: ORDINANCE UPON APPLICATION OF MURRAY WFIOLESALE DRUG CORPORATION FOR A CONDITIONAL ZONING CLASSIFICATION FROM R-7.5 TO 0-1 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 located at 4353 Bonney Road and contains 3.0239 acres. More detailed information is available in the Department of Planning. KEMPSVILLE 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 - 37 - Ttem V.T.a/b/c/d. APPOINTMENTS ITEM # 31454 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS ADVERTISING ADVISORY REVIEW COMITTEE FRANCIS LAND HOUSE BOARD OF GOVERNORS SOUTHEASTERN VIRGINTA PLANNING DISTRICT COMKISSTON TTDEWATER REGIONAL GROUP HOME COMMISSION - 38 - Item V-J.1/2 UNFINISHED BUSINESS ITDI # 31455 BY CONSENSUS, City Council ACCEPTED as part of the proceedings of the City Council Session of June 26, 1989: ABSTRACT OF VOTES - Democratic Primary Election on June 13, 1989 ABSTRACT OF VOTES - Republican Primary Election on June 13, 1989 ABSTRACTOF VOTES cast in the CountylCity of Virginia @ar-h Virginia, at the @at-ic-- - Parly Primary Election held on itine II 19@, for MEMBER OF THE HOUSE OF DELEGAI'ES EigLhty DISTRICT R@@,iv,d N..@s f C.ndid.t@@ (in Fig.@.s) J. W. "Billy" O'Brien, Tr. 556 Harry G. Broskie 94 We, the undersigned Electoral Board, upon examination of the ojficial records deposited with the Clerk of ilie Circuit Court of the election held on june 13, 1989 do hereby certify that flie above is a true atid correct Abstract of Votes cast at said @rat-it-- Party Pritnary Electiolifor Mel?lber of the House of Delegates. Given under our hands this f dav nf -e I 9@9 Vice Citairi?taii A copy leste: Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast In the County/City of V@@a Beach p Virginia at the Republican Party Primary Election held on June 13, 1989 for: GOVERNOR OF VHTGINIA Total Votes Received Nmnes of Candidates (In Figures) J. MARSHALL COLEMAN 91901 STANFORD E. "STAN" PARRIS 5,670 PAUL S. TRIBLE, JR. 8,285 We,'the undersigned Electoral Board, upon examination of tlie official records deposited in the office of the Clerk of Circuit Court of the eiection held on June 13, 1989, do hereby certify that the above Is a true and correct Abstract of Votes cast at said Republican Party Primary Election for Governor of Virginia. Given under our hands this 1.4t-h day of June, 1989. Chairman Vice Chairman Secretary A copy teste: Secretary, Electoral Board ABSTRACT OF VOTES cast in the CountylCity Of Virginia @h Virginia, at the icar, election held on Jum 13 -, 19 89 FOR th's Atto@ T.t.1 V.t@, R"el,@d Na..s of Ca.didates (In Fig.r.6) J. Bob" s 12,411 d- W- '.Tim" Rrazit-r- ir- 9,417 We, the undersigned Electoral Board, upon exaniination of the official records deposited with the Clerk of the Circuit Court of the election on June 13 19 89 doherebycertifytliatilieaboveisatrue and correct Abstract of Votes cast at said election and do therefore detert?iine and declare that thefollowing receiv- ed the greatest number of votes cast iii said election: Rober-t J. 'Bcb' Humpbreys for the office of th's Attorriey Given underour hands this fourteenth day of Chairman Vice Cliairt?ian A copy leste., Secretary Secretary, Electoral Board ABST)ZACTOF VOTES cast in the CountylCity Of P-wh Virginia, atthe B=ihlic--an Prirmry electionheldon June 13 _, 19 89 FOR T.t.1 V.t@, Names of Ca.didat.s (In Figu,es) J. R. 'JWA' 13,072 Hilly R- Ovprman 9,671 We, the undersigned Electoral Board, upon exatnination of the official records deposited with the Clerk of the Circuit Court of the election on June 13 19 89 do hereby certify that itie above is a true and correct Abstract of Votes cast at said election and do tlierefore deteri?iitte atid declare ilial thefollowilig receiv- ed the greatest number of votes cast iii said electioti: J. R. 'Jack' Dewan for the office of Sheriff Given underour hands this f 119 89 Chair??tan Vice Chairt?ian A copy (este., Secretary Secretary, Electoral Board - 39 - Item V-J.3 UNFINISHED BIJSINESS ITEM # 31456 ADD-ON Councilman Moss refernced Preliminary Schedule for placing the Light Rail Transit on the Referendum and and requested Acting City Attorney Kevin Cosgrove provide this information to all Members of City Council. - 40 - Item V-K.I. NEW BUSINESS ITEM # 31457 Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council SCHEDULED RECONSIDERATION of CONDITIONS for August 14, 1989, in the Application of Ursula Jones for a Conditional Use Perniit for an animal hospital located on the East side of Diamond Springs Road, 1,982 feet South of Shell Road (Approved September 14, 1987) (BAYSIDE BOROUGH). Dr. Carolyn Jones is requesting Conditions No. I and 3 be RECONSIDERED. 1. Category 11 planting is required as screening along the northern and eastern property lines. 2. Category Ill screening (Cypress Trees) shall be provided on the side between the parking lot and the ditch. 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 - 41 - Item V-L. 1. ADJOURNMENT ITEM 31458 Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the Meeting at 10:30 P.M. Beverly 0. Ilooks Chief Deputy City Clerk -Ruth Hodges Smith, CM@ Me@yer. Oberri City Clerk Mayor City of Virginia Beach Virginia