HomeMy WebLinkAboutJUNE 12, 1989
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AUBUY V. WAM. I&. C., M.- CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 234@9002
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JUNE 12, 1989
fTEM 1. CITY COUNCIL/JOINT SCHOOL BOARD MEETING School Administration 11:00 AM
A. Demographics and Facilities Report
ITEM 11. COUNCIL CONFERENCE SESSION - Conference Room - 1:00 PM
A. CITY COUNCIL CONCERNS
ITEM 111. INFOP)4AL SESSION - Conference Room - 1:30 PM
A. CALL TO ORDER - %yor Mayera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. MOTFON TO RECESS INTO EXECUTIVE SESSION
ITEM IV. FORMAL SESSION - Council Chamber - 2: 00 p@f
A. INVOCATION: Reverend Frederick Grosse
Lynnhaven Cblony Congregational 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 5, 1989
E. PURI,IC HEARING
1. PLANNING
a. Application of JOHN A. BAUM, for a Conditional Use Permit for a
single. in the. AG-1 Aqricultural District on the
Southeast side ot (;rags Causeway, 1227.Z5 teet South ot baum
Road @ (6465 Crags Causeway), containing 41.2898 acres
(BLACKWATER BOROUGH).
Recommendation: APPROVAL
b. Application of THE MAIN CORPORATION, for a Conditional Use
Permit for an indoor recreational faci lity (bi I liard room) on
the South side of Virginia Beach Bouievara at-the lntersecflon
with Fountain Drive (1933 Virginia Beach Boulevard), containing
2.586 acres (LYNNHAYEN BOROUGH).
Recommendation: APPROVAL
c. Appllcation of THE RUNNYMEDE CORPORATION for a Conditional Use
Permit for a chi Id care center, at the Northeast corner ot
Tlea-sure House Road and Andrew Jackson Lane (1608 Pleasure
House Road), contalning 1.37 acres (BAYSIDE BOROUGH).
Recomendation: APPROVAL
d. Application of PERRY H. WOOD, for a Conditional Use Permit for
a sinqle-family d we' llng in the AG-1 A_qricultural District
lo ated 900 feet more or less NorTh ot London Bridge Road on
Site A-19, Princess Anne Hunt Club, containing 5.426 acres
(PRINCESS ANNE BOROUGH).
Recofnmendation: APPROVAL
e. Application of TIDEWATER IMPORTS, INC. for a Oc)nditional Use
Permit for motor veh[cle sales on the North side of Virginia
Beach Boulevard, 600 feet West of Cranston Lane, containing
1.19 acres (LYNNHAYEN BOROUGH).
Recommendation: APPROVAL
f. Application of LYNNHAVEN HOTEL ASSOCIATES, Nancy W. Weller, for
a Conditional Use Permit for a hotel/motel located 410 feet
more or less West of Lynnhaven Parkway, beginning at a point
450 feet more or less tbrth of tbrth Ma II Drive, containing 2.1
acres (LYNNHAVEN BOROUGH).
Recommendation: APPRO"L
9,- Applications of G. DEWEY SIMMONS for Changes of ZoniM_on
parcels East of Prosperity Road and General Booth Boulevard
tPRINCESS ANNE BOROUGH).
Fran AG-1 Aqricultural District to R-10 Residential District,
containing 33.7635 acres.
AND,
Fr(xn AG-2 A_qricultural District to R-10 Residential District,
cont ning 17.0601 acres.
Recommendation: APPROVAL
h Appl ication of JAMES R. C013B for a Variance to Section 4.4(d)
of the Subdivision Ordinance which r quires all lots created by
subdivision to meet all requirements of the City Zoning
Ordinance, located on the East side of Bray Road, 175 feet more
or less North Of Lynn Acres Road (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
F. ORDINANCES:
a. Ordinance upon SECOND READING, to APPROPRIATE $12,500 to
provide ernployment and training opportunity for Southeastern
Virginia Summer Youth through the SVJTA.
b. Ordinance to relocate existing fifteen foot pedestrian, bicycle
and utility easement on First Court Road, In the petition of
First Court Road, Inc. and Church Point Associates, L.P.
G. UNFINISHED BUSFNESS
H. NEW BUSINESS
1. Chesapeake Bay Preservatlon Act
William H. Whltney, Jr.
2. Anendments to Restrictive Agreements for golt courses in the
Glenwood and Cypress Point Subdivisions
Councilman ibrold Heischober (sponsor of citizen)
1. ADJOURNMENT
- 13 -
Item V-D.l.
MINUTES ITEiNi # 31384
Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City
Council APPROVED the MINUTES of the INFORMAL AND FORMAL SESSIONS of June 12,
1989, AS AMENDED.
ITEM # 31363, Page 15
ORDINANCE UPON APPLICATION OF PERRY H. WOOD FOR A
CONDITIONAL USE PEPMIT FOR A SINGLE FAMILY DWELLING
IN THE AC-1 AGRICULTURAL DISTRICT R06891227
Condition No. 2 shall be AMENDED as follows:
2. The City is not responsible for any public
services on this property including but not
limit g to road work, sewer or
garbage collection.
Voting: 10-0
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, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council @lembers Voting Nay:
None
Council Members Absent:
@layor Meyera E. Oberndorf
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 12, 1989
The JOINT CITY COUNCIL AND SCHOOL BOARD SESSION of the VIRGINIA BEACH CITY
COUNCIL relative the Demographics and Facilities Report was called to order by
Mayor Meyera E. Oberndorf in the School Board Chamber of the School
Administration Building on Monday, June 12, 1989, at 11:00 A.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Meyera E. Oberndorf, Nancy
K. Parker and William D. Sessoms, Jr.
Council Members Absent:
John L. Perry (ENTERED: City Council Concerns Session at 1:07 P.M.)
School Board Members Present:
Robert W. Clyburn, John A. Fahey, Chairman James N.
Fletcher, Gerald G. Gibbs, Robert W. Hall, M. Boyd
Jones, Dr. Ulysses V. Spiva, Greg N. Stillman and
Floyd E. Taylor
School Board Members Absent:
Samuel W. Meekins and Laura M. Tebault
- 2 -
ITEM # 31339
The COUNCIL CONCERNS SESSION of the VIRGINIA BEACH CITY COUNCIL was called to
order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall, on
Monday, June 12, 1989, at 12:55 P.M-
Council Members Present:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober, Barbara M. Henley, John D. Moss, Meyera
E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Absent:
Albert W. Balko (ENTERED: 12:57 P.M.)
Reba S. McClanan (ENTERED: 1:00 P.M.)
John L. Perry (ENTERED: 1:07 P.M.)
- 3 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 31340
Councilman Baum referenced the request of the MOYOCK SAND COMPANY for a borrow
pit in the Gibbs Woods area of Currituck County. The request is for a site of
approximately fifty-six (56) acres. The only roads serving this area are in
the City of Virginia Beach. This would increase the amount of heavy truck
traffic on the rural road system in the City of Virginia Beach.
A similar application in the St. Brides area of Chesapeake was DENIED because
of the impact on the rural roads of that city.
Councilman Baum proposed a Resolution requesting the Currituck County Board of
Commissioners DENY the borrow pit application of the MOYOCK SAND COMPANY at
Gibbs Woods and any similar application in this area.
ITEM # 31341
Councilwoman Henley referenced the proposed visit by Chinese businessmen and
wondered if same was still occurring. The City might be interpreted as giving
credence to the Chinese Government. Even though Economic Development is a
priority of the Chinese Government, Councilwoman Henley would hope the City
would give consideration to the types of government with whom they encourage to
locate business here. Councilwoman Henley would have no problem being a
gracious host, but does not wish to enter into any business arrangements which
might indicate support of this type of government. While the City's investments
might be utilized to support this type of government they may also serve to
suppress the citizens.
Councilwoman Parker also expressed concerns but tried to examine the situation
as a "people to people" occurrence not "government to government". Councilwoman
Parker advised the City did not initiate this visit but rather the private
sector through the Sister City program.
Councilman Baum advised more influence could be exerted over governmental-local
actions by participation in training the people rather than isolation.
The City Manager advised no visas were being issued at the present time. In the
interim, these particular contacts will not be pursued. The City Manager will
discuss same with the new Director of Economic Development upon his assuming
this position.
ITEM # 31342
Councilman Moss referenced that during discussion of Planning Items, Fire
Service and Police Service are always denoted as being adequate. However upon
receipt of each Fiscal Year's Operating Budget, neither service proves to be
adequate. Councilman Moss requested City Staff provide indication of the
impact on response times of emergency services.
Councilman Moss referenced applications of G. DEWEY SIMMONS for Changes of
Zoning on parcels East of Prosperity Road and General Booth Boulevard (PRINCESS
ANNE BOROUGH) - from AG-1 Agricultural District to R-10 Residential District,
containing 33.7635 acres; and, from AG-2 Agricultural District to R-10
Residential District, containing 17.0601 acres. (See item IV-E.l.g of the
PLANNING AGENDA.) Councilman Moss advised this application also denoted
response times as being adequate. This evaluation seemed to be almost an
"automatic" response. Councilman Moss requested City Staff advise relative the
impacts on this particular application.
- 4 -
C IT Y C 0 UN C I L C ON C E R N S
ITEM # 31343
Councilman Sessoms distributed a copy of the Memorandum relative a letter from
Commonwealth Attorney Paul Sciortino advising his ability to vote on the
application of WILLIAM DRINKWATER for a CONDITIONAL ZONING in the Beach
Borough. This application is SCHEDULED for the City Council Session of June 26,
1989, at 6:00 P.M.
ITEM # 31344
Councilwoman Parker referenced a legal opinion relative the Nonconforming Use
application of John and Katherine Miller. An application for a Nonconforming
Use was APPROVED January 21, 1986. The applicants did not activate the
extension but in 1988 petitioned for an even larger extension which City
Council DENIED. The applicant requested a building permit in accordance with
City Council's 1986 approval which was refused by Permits and Inspections.
This was then appealed to the Board of Zoning Appeals which reversed this
decision. Acting City Attorney Kevin Cosgrove believed the best solution would
be to put an activation date on City Council's approval. Construction must
commence within 12 months of approval of a Conditional Use Permit. An amendment
similar to this might be appropriate in the Zoning Ordinance.
Councilwoman McClanan advised the Planning Department had been requested to
propose GUIDELINES for the expansion of houses, et cetera. Same was DEFERRED
INDEFTNITELY. Councilwoman McClanan requested this particular property be
examined.
The City Attorney will draft a proposed resolution.
ITEM # 31345
Councilman Perry referenced the improvement two years ago of a piece of
property at 5409 Shell Road (Bertha T. Glenn), which was refused. On May Ninth,
a letter was delivered to the homeowner from the City advising the resident
improve the property in 20 days or tear it down. The City Manager will
investigate.
ITF2,1 # 31346
Councilman Perry referenced the 90-day extension granted April 24, 1989, by
City Council of a temporary use permit for boat storage at Shore Drive and
Marlin Bay Drive in the Bayside Borough in the application of F. Wayne
McLeskey, Jr. and Mortons Baye Corporation. Councilman Perry had made this
motion and there were no restrictions attached. The City Council Agenda of June
Fifth requested CONFIRMATTON of the application with restrictions added. (The
approval of this application was confirmed with no restictions added June 5,
1989.)
ITEM # 31347
Councilman Moss referenced the third meeting of the "TURN OF THE CENTURY
STRATEGIC PLANNING COMMITTEE" on Tuesday, June 13, 1989, at Old Donation School
for the Talented and Gifted at 7:00 P.M. Some of the items under discussion
have implications over and above the Operating Budget APPROVED by City Council
and the proposed CAPTTAL IMPROVEMENT PROGRAM. Councilman Moss had distributed a
list of this Committee's Members.
- 5 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 31348
Councilman Baum referenced the Draft Agenda and itinerary for a field study of
Wetlands sites in Virginia Beach. Councilman Baum requested Council Members
indicate their preference of a date to attend the WETLANDS FIELD STUDY:
June 14, 1989 9:00 to 12 NOON
June 16, 1989 10:00 to 1:00 P.M.
June 19, 1989 9:00 to 12 NOON
Mayor Oberndorf and Councilwoman McClanan advised their schedules conflicted
with all of the aforementioned dates. Councilman Baum suggested the Mayor and
Councilwoman McClanan might wish a personal tour by Louis Cullipher, Director
of the Department of Agriculture, as Councilwoman Parker had previously done.
Councilman Baum wished the Members of the Press would also attend as well as
various representatives of City Staff.
ITDI # 31349
Mayor Oberndorf and Councilwoman McClanan referenced a request from Polly
Pierce, Director of the Pageants, for introduction of MISS TIDEWATER and MISS
VIRGINIA BEACH during the City Council Session.
Mayor Oberndorf further referenced a request from the VIRGINIA BEACH LIFESAVER
AWARDS COMMITTEE to present these awards during the City Council Session.
Councilwoman Henley suggested a thirty minute program, once a month on Channel
29 entitled "CITIZEN RECOGNITION FORUM" be established.
ITEM # 31350
Vice Mayor Fentress requested the addition of an item under NEW BUSINESS
regarding the CANCELATION or RESCHEDULING of the City Council Meeting of
September 25, 1989. Vice Mayor Fentress and Councilwoman Henley will be
attending the APTA Conference in Atlanta, Georgia.
ITEM # 31351
Councilman Perry expressed appreciation to all Members of City Council for
their thoughtfulness by cards, flowers and telephone calls. Councilman Perry
advised his wife is in the hospital having surgery.
- 6 -
C ON C E R N S OF T HE MAYOR
ITEM # 31352
Mayor Oberndorf reminded City Council the Office of the Attorney General in
conjunction with the Virginia Association of Counties and the Virginia
Municipal League, is SCHEDULING a WORKSHOP on the Virginia Freedom of
Information Act, which will go into effect July 1, 1989.
The WORKSHOP is from 9:30 A.M. through 12:30 P.M on June 15, 1989, at the OMNI
in Norfolk at 777 Waterside Drive.
ITEM # 31353
Mayor Oberndorf attended the NATIONAL LEAGUE OF CITIES Steering Committee on
Energy, Enviroriment and Natural Resources in Oklahoma City, Oklahoma, June 8-
10, 1989. At the Conference, Mayor Oberndorf made a PRESENTATION with a very
enthusiastic response relative the METHANE RECOVERY PLANT opened at Mount
Trashmore IT.
A two-hour WORKSHOP was conducted on Recycling with representatives of the
glass, polystyrofoam and the paper industries. Sixty percent (60%) of the
newsprint utilized in America is made in Canada; therefore, the market has been
overfilled in attempting to sell back the newsprint. The new lazar printers are
keeping the paper from being recyclable as the lazar burn the fiber in the
paper. When it is remulched it cannot be used again. The glass industry advised
they had successfully ceased any "bottle bills". Recycling is going to save
volume area in the landfill; however, it is expensive to recycle. All three
industries are only interested in having their products returned clean.
The Steering Committee is attempting to encourage Congress to institute
stricter measures regarding packaging so there is not that much of which to be
disposed.
Mayor Oberndorf expressed appreciation to Oklahoma for their gracious
hospitality but advised they are staggering under the economic situation of the
unproductive oil wells.
ITEM # 31354
Mayor Oberndorf advised she would be attending the Fifty-Seventh Annual
Conference of Mayors on June 19, 1989. Vice Mayor Fentress will Chair the City
Council Meeting of June Nineteenth.
ITEM # 31355
Mayor Oberndorf reminded City Council of the FLAG DAY CELEBRATION on June 14,
1989, 9:00 A.M. at FLAG SQUARE, The Municipal Center, sponsored by The
Daughters of the American Revolution.
- 7 -
ITEM # 31356
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Conference Room, City Hall 'Building, on
Monday, June 12, 1989, at 1:38 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, Nancy K. Parker, John L.
Perry, Mayor Meyera E. Oberndorf and William D.
Sessoms, Jr.
Council Members Absent:
None
- 8 -
ITEM # 31357
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 employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
Upon motion by Councilwoman Parker, seconded by Vice Mayor Fentress, 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. 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
- 9 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
June 12, 1989
2:00 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, June
12, 1989, at 2:00 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 Frederick Grosse
Lynnhaven Colony Congregational Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNTTED STATES OF AMERICA
- 10 -
Item IV-D.l.
MINUTES ITEM # 31358
Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City
Council APPROVED the Minutes of the INFORMAL & FORMAL SESSIONS of June 5, 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, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
John L. Perry
Council Members Absent:
None
Councilman Perry ABSTAINED as he was ABSENT from the City Council Session of
June 5, 1989.
Item IV-E.I.
PUBLIC HEARING
PLANNING ITEM # 31359
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
(a) JOHN A. BAUM CONDITIONAL USE PERMIT
(b) THE MAIN CORPONTION CONDITIONAL USE PERMIT
(c) THE RUNNYMEDE CORPORATION CONDITIONAL USE PERMIT
(d) PERRY H. WOOD CONDITIONAL USE PERMIT
(e) TIDEWATER IMPORTS, INC. CONDITIONAL USE PERMIT
(f) LYNNHAVEN HOTEL ASSOCIATES, CONDITIONAL USE PERMIT
Nancy W. Weller
(g) G. DEWEY SIMONS CHANGES OF ZONING
(h) JAMES R. COBB VARIANCE
- 12 -
Item IV-E.l.a
PUBLIC HEARING
PLANNING ITEM # 31360
Council Member John A. Baum, the applicant, represented himself
Upon motion by Councilwoman Henley, seconded by Councilman Moss, City Council
ADOPTED an Ordinance upon application of JOHN A. BAUM for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF JOHN A. BAUM FOR A
CONDTTIONAL USE PERMTT FOR A SINGLE FAMILY DWELLING
IN THE AC-1 AGRICULTURAL DISTRTCT R06891224
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of John A. Baum for a
Conditional Use Permit for a single-family dwelling
in the AG-1 Agricultural District on the southeast
side of Crags Causeway, 1227.25 feet south of Baum
Road. Said parcel is located at 6465 Crags Causeway
and contains 41.2898 acres. Plats with more
detailed information are available in the
Department of Planning. BLACKWATER BOROUGH.
The following condition shall be required:
1. A 10-foot right-of-way r --- r.,;wti4mm dedication is
required along this site's frontage on Crags
Causeway to provide for a minimum future 50-foot
right-of-way.
2. The present structure will be demolished within one
year with completion of the new dwelling.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth
Day of June, Nineteen Hundred and Eighty-nine.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, 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 Abstaining:
John A. Baum
Council Members Absent:
None
Councilman John A. Baum ABSTAINED as he is the applicant
- 13 -
Ttem IV-E.l.b.
PUBLIC HEARING
PLANNING ITEM # 31361
Robert A. Jones, President - The Main Corporation, represented the applicant
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council
ADOPTED an Ordinance upon application of THE MAIN CORPORATION for a Conditional
Use Permit:
ORDTNANCE UPON APPLICATION OF THE MAIN CORPORATION
FOR A CONDITIONAL USE PERMIT FOR AN INDOOR
RECREATION FACILITY R06891225
BE IT HEREBY ORDAINED BY THE COUNCTL OF THE CTTY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of The imain Corporation
for a Conditional Use Permit for an indoor
recreation facility (billiard room) on the south
side of Virginia Beach Boulevard at the
intersection with Foundation Drive. Said parcel is
located at 1933 Virginia Beach Boulevard and
contains 2.586 acres. Plats with more detailed
information are available in the Department of
Planning. LYNNHAVEN BOROUGH
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth
Day of June, 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
- 14 -
Item IV-E.l.c.
PUBLIC HEARING
PLANNING TTEM # 31362
Michael J. Barrett, 1829 Eden Way, Chief Executive Officer of The Runnymede
Corporation, represented the applicant
Upon motion by Councilman Perry, seconded by Councilman Sessoms, City Council
ADOPTED an Ordinance upon application of THE RUNNYMEDE CORPORATION for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF THE RUNNYMEDE
CORPORATION FOR A CONDITTONAL USE PERMIT FOR A
CHTLD CARE CENTER R06891226
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGTNIA BEACH, VIRGINIA
Ordinance upon application of the Runnymede
Corporation for a Conditional Use Permit for a
child care center at the northeast corner of
Pleasure House Road and Andrew Jackson Lane. Said
parcel is located at 1608 Pleasure House Road and
contains 1.37 acres. Plats with more detailed
information are available in the Department of
Planning. BAYSIDE BOROUGH.
The following condition shall be required:
1. Installation of an automatic sprinkler system and
an automatic fire alarm system meeting approval of
City Fire Protection Engineer.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth
Day of June, 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
- 15 -
Item IV-E.l.d.
PUBLIC HEARING
PLANNING ITEM # 31363
Perry H. Wood, the applicant, represented himself
Upon motion by Councilwoman McClanan, seconded by Councilwoman Parker, City
Council ADOPTED an Ordinance upon application of PERRY H. WOOD for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF PERRY H. WOOD FOR A
CONDITIONAL VSE PERMIT FOR A STNGLE FAMILY DWELLING
IN THE AG-1 AGRICULTURAL DISTRICT R06891227
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGTNIA
Ordinance upon application of Perry H. Wood for a
Conditional Vse Permit for a single family dwelling
the AG-1 Aoricultural District located 900 feet
more or les@ north of London Bridge Road on site
A-19, Princess Anne Hunt Club. Said parcel
contains 5,426 acres. Plats with more detailed
information are available in the Department of
Planning. PPTNCESS ANNE BOROUGH.
The following conditions shall be required:
1. This site wi@l require the necessary approvals from
the Health Oepartment for the installation of a
well, septic tank and drainfield.
2. The City is not responsible for any public services
on this property pertaining to road work, sewer or
garbage coll6ction.
3. The road m@st be maintained as an ingress/egress
suitable for fire and safety at all times.
4. The appli@ant shall record an agreement
encompassing the aforementioned proffers APPROVED
by the City Attorney in the Office of the Clerk of
the Circuit Court.
This Ordinance shall be offective upon the date of adoption.
Adopted by the Council Of the City of Virginia Beach, Virginia, on the Twelfth
Day of June, Nineteen H@ndred and Eighty-nine.
- 16 -
Item IV-E.l.d.
PUBLIC HEARING
PLANNING ITEM t 31363 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Bal@o, 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 Npy:
None
Council Members Absent:
None
- 17 -
Item IV-E.l.e.
PUBLIC HEARING
PLANNING ITEM # 31364
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant
Upon motion by Councilmah Balko, seconded by Vice Mayor Fentress, City Council
ADOPTED an Ordinance upon application of TIDEWATER IMPORTS, INCORPORATED for a
Conditional Use Permit:
ORDINANCE UOON APPLICATION OF TIDEWATER IMPORTS,
INCORPORATED FOR A CONDITIONAL USE PERMIT FOR MOTOR
VEHICLE SALES R06891228
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGTNIA BEACH, VIRGINIA
Ordinance upon application of Tidewater Imports,
Incorporated, for a Conditional Use Permit for
motor vehicle sales on property located on the
north side of Virginia Beach Boulevard, 600 feet
west of CraXiston Lane. Said parcel contains 1.19
acres. Plats with more detailed information are
available in the Department of Planning. LYNNHAVEN
BOROUGH.
The following conditions shall be required:
1. The utiliza@ion of best management practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
2. There shall be no service or repair work at said site.
3. There shall only be one curb cut
4. There shall be no outside speaker system
5. The lighting will be directed inward on the site.
This Ordinance shall be pffective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth
Day of June, Nineteen H@ndred and Eighty-nine.
- 18 -
Item IV-E.l.e.
PUBLIC HEARING
PLANNING ITEM # 31364 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Bal@o, John A. Baum, Vice Mayor Robert E.
Fentress, HaroLd Heischober, Barbara M. Henley, Reba
S. McClanan, JDhn D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parer, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting N6y:
None
Council Members Absent:
None
- 19 -
Item IV-E.I.f.
PUBLIC HEARING
PLANNING ITEM # 31365
Donald L. Rich, 4510 Holland Office Park, Suite 514, Phone: 499-3721,
represented the applica@t
Upon motion by Councilma Balko, seconded by Vice Mayor Fentress, City Council
ADOPTED an Ordinance upo application of LYNNHAVEN HOTEL ASSOCIATES, NANCY W.
WELLER for a Conditional@use Permit:
ORDINANCE UPON APPLICATION OF LYNNHAVEN HOTEL
ASSOCIATES, NANCY W. WELLER FOR A CONDIT]IONAL USE
PERMIT R06891229
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Lynnhaven Hotel
Associates, Nancy W. Weller for a Conditional Use
Permit for a hotel/motel on certain property
located 410 feet more or less west of Lynnhaven
Parkway begi@ning t a point 450 feet more or less
north of Nor@h Mall Drive. Said parcel contains 2.1
acres. Plat$ with more detailed information are
available ia the Department of Planning. LYNNHAVEN
BOROUGH.
The following conditions shall be required:
1. The propos@d canopy shall meet the thirty-foot
(30') front yard setback requirement. The twenty-
five-foot (2@') setback shown on the submitted site
plan is not odequate.
2. The width of the proposed entrance on Phoenix Drive
shall be inc@eased to Thirty-feet (30').
3. The eastero entrance on Sabre Street shall be
relocated t@enty-five-feet (25') to the west, away
from the intprsection with Phoenix Drive.
4. The utiliza@ion of best management practices for
controlling stormwater runoff which are reasonably
applicable tb the development of the site.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council ()f the City of Virginia Beach, Virginia, on the Twelfth
Day of June, Nineteen Bundred and Eighty-nine.
- 20 -
Item IV-E.I.f.
PUBLIC HEARING
PLANNING ITEM # 31365 (Continued)
Voting: 11-0
Council Members Voting A@e:
Albert W. Ball o, John A. Baum, Vice Mayor Robert E.
Fentress, Haro d Heischober, Barbara M. Henley, Reba
S. McClanan, J)hn D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parer, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Niy:
None
Council Members Absent:
None
- 21 -
Item IV-E.l.g.
PUBLIC HF-ARING
PLANNING ITEM # 31366
Attorney Robert Cromwe--l, Pembroke One, Phone: 499-8971, represented the
applicant
Letter dated May 5, 1981 , from the Birdneck Lake Homes Association expressing
no opposition to this d velopment is hereby made a part of the record.
Upon motion by Council oman McClanan, seconded by Councilman Sessoms, City
Council ADOPTED Ordinanc@s upon application of G. DEWEY S@NS for Changes of
Zoning:
ORDINANCE UP)N APPLICATION OF G. DEWEY SIMMONS FOR
A CHANGE O@ ZONING DISTRICT CLASSIFICATION FROM
AG-1 TO R-10 Z06891246
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance updn application of G. Dewey Simmons for
a Change of Zoning District Classification from
AC-1 AgricuLtural District to R-10 Residential
District located 7600 feet east of Prosperity Road
beginning al: a point 1820 feet east of General
Booth Boulevard. Said parcel contains 33.7635
acres. Plat,@; with more detailed information are
available in the Department of Planning. PRINCESS
ANNE BOROUGH
A N D,
ORDINANCE UPDN APPLICATION OF G. DEWEY SIMMONS FOR
A CHANGE Of ZONTNG DISTRICT CLASSIFICATION FROM
AG-2 AGRICULTURAL DISTRICT TO R-10 RESIDENTIAL
DISTRICT Z06591247
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGTNIA
Ordinance upon application of G. Dewey Simmons for
a Change of Zoning District Classification from
AG-2 Agricultural District to R-10 Residential
district on the east side of Prosperity Road
beginning at a point 1220 feet more or less east of
General Bocth Boulevard. Said parcel contains
17.0601 acres. Plats with more detailed information
are available in the Department of Planning.
PRTNCESS ANNE BOROUGH.
The following conditions shall be required:
1. Rezoning is only APPROVED on the portion of the
subject site located above the five-foot (5')
contour (a total of approximately 44.2 acres).
This five-fDOt (5') contour is denoted on the
Preliminary Subdivision of Property "Emerson" dated
May 10, 1981) (Gallup Surveyors & Engineers, Ltd.)
which is hereby made a part of the record.
2. The number of units may vary subject to the Corps
of Engineers and Planning Department review.
3. As many trees as possible shall remain on the
property.
4. Only one entrance and one curb cut shall be allowed.
- 22 -
Item IV-E.I.g.
PUBLIC HEARING
PLANNING ITEM # 31366 (Continued)
This Ordinance shall be @ffective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth
Day of June, Nineteen flindred and Eighty-nine.
Voting: 11-0
Council Members Voting Aye:
Albert W. Bal@o, John A. Baum, Vice Mayor Robert E.
Fentress, HaroLd Heischober, Barbara M. Henley, Reba
S. McClanan, J,)hn D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parl(er, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting N@iy:
None
Council Members Absent:
None
Councilman Baum asked iF the City could request copies of decisions by the
Corps of Engineers relative prohibiting clearing of farmland and development.
The City Manager will adiise.
- 23 -
Item IV-E.I.h.
PUBLIC HEARING
PLANNING ITEM # 31367
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant
Petition of adjacent property owners in support of the application is hereby
made a part of the record.
Upon motion by Councilman Balko, seconded by Councilman Sessoms, City Council
APPROVED the application of JAMES R. COBB for a Variance to Section 4.4(d) of
the Subdivision Ordinance which requires all lots created by subdivision to
meet all requirements of the City Zoning Ordinance.
Appeal form Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for James R. Cobb. Property
is located on the east side of Bray Road, 175 feet
more or less north of Lynn Acres Road. Plats with
more detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
The following condition shall be required:
1. The applicant has voluntarily agreed that no
construction shall commence prior to connecting the
City water and sewer.
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
- 24 -
Item IV-F.I.a.
ORDINANCES ITEM # 31368
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED upon SECOND READING:
Ordinance to APPROPRIATE $12,500 to provide
employment and training opportunity for
Southeastern Virginia Siimmer Youth through the
SVJTA.
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
AN ORDINANCE TO APPROPRIATE $12,500
2 TO PROVIDE EMPLOYMENT AND TRAINING
3 OPPORTUNITIES FOR SOUTHEASTERN VIRGINIA
4 SUMHER YOUTH THROUGH THE SVJTA
5 WHEREAS, via Job Training Partnership Act, the Commonwealth has
6 agreed to annually provide summer employment and training opportunities to youth
7 in Southeastern, Virginia;
8 WHEREAS, the City of Virginia Beach annually participates in the
9 Southeastern Virginia Job Training Administration (SVJTA) program by coordinating
10 employment and training within the Department of Personnel;
11 WHEREAS, in accordance with a contractual arrangement, the city will
12 be fully reimbursed at the end of the summer for all expenditures associated with
13 the SVJTA;
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 $12,500 be appropriated with a
17 corresponding increase in estimated revenue from the SVJTA to provide employment
18 opportunities and training for Southeastern Virginia youth.
19 BE IT FURTHER ORDAINED that the City Manager is hereby authorized
20 and directed to enter into a contract which specifies that all costs associated
21 with SVJTA shall be reimbursed at tbe end of the summer.
22 Adopted by the Council of the City of Virginia Beach, Virginia, on
23 the -Twelfth - day of 1989.
FIRST READING: June 5, 1989
SECOND READING: June 12, 1989
- 25 -
Item IV-F.l.b.
ORDINANCES ITEM # 31369
Jahn Wallace Summs, 127 South Witchduck, Phone: 499-3255, represented the
applicant
Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council
ADOPTED:
Ordinance to relocate existing fifteen foot
pedestrian, bicycle and utility easement on First
Court Road, in the petition of First Court Road,
Inc. and Church Point Associates, L.P.
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
APP;ZD1/2'Z:) AS TO
LEGAL Sl@ll-r,CiE;,4CY
6'
OFZDTIIAIICP 110-
iG FiFrEEti FOOT (15
Ilq 'I'l[E MAI-J'ER OF REI.,OCA,riti TIIE EXIS,ri Cif ARE S[IOW14 ON TIIE PLAT
PEI)T'rol'I?IAN AIIL) BICYCI,R. EAsF,Mr-,Il-i' Al,l, OF Will Al BICYCLE
I,.'IlTl'rLEI) "I'LAI- siloWIN(I' VA(,,ATIoll OF 15' PET)ES'l-RI I
EAf',E,pi-p-,IIT AIII) ]IF-LOCATIOTI OF VAI?IADLE W I D'I'l IP E D ES'I'R I A 11 / D I C Y C L E
1-@'ASEI-IEI4'r". BAYSIDE flOROUG[i, VIRGINIA BEACII, VIRGI141A, DA'I'l@D ?.B
I,IARCII, 1989 AND REVISED 23 MAY, 1989, VitilCii 9URVEY IS ATTACIIED
IIERETO,
WIIERVA9, it appearing that FirEst Cour-L Rood, Inc. an(i Chvirch
Point A5sociates, L.P. make application to the Council of the City
of Virginia Beaci), Virgiiiidk on ttie_ day of 1989,
to have the bereinaftcr- described easement relocated; and
WIIP,REA@i, it iB in the best interest of the City of Virginia
Beach to corisent to the relocation of ttio pedestrihn and bicycle
easciiient in conjunction with the dedicatlon of the par-k !3ite.
WHF.REAS. it is the judgment ot the Couiicil titat said easement
be relocntod.
NOW, TIIEREFORE,
SFCTION I
BE 11' ORI)AIIIED I)y tlie Coijncil of the City of Vir(JInia, Boach,
Virginia tlimt tlle exif3ting fifteeli foot (15') pedeE3tr,jaii arid
bicycle eafiernei,it be relocated per ttiat certain plat entitlad "P],AT
silowill(3 VACATION OF 15' PEDES'I'IIIAII & BICYCI.E r-,ASFj4EII'r ATID
IIEI,OCATIOII OF VARIABLE WIDTII PEDES'RRIAII/BTCYCLE EASE14EN'f", BAYSII)E
33011OUGII, VIFIGIIIIA BTACH, VIRGIIIIA, DAI'ED 2B IIARCli, 1989 AJID
REVISED 23 MAY, 3.989-, prepared by Galltip Sur-voyors & Ei-igineers,
I.td., said plht to be recorded i3iintiltancously harewith iii the
Clerit's Office of tite Circuit Court of tho City of Virginia Boach
and to wliich reference is made for a more par-ticular description.
SECTIOII 11
A certified copy of tliis Ordinanco Bholl be fil6a in the
Clerk's Office of the Circuit Cotirt of the City of Virginia Beacli,
indexed in the name of thd City of Virginia Beacli a!3 GraLntor and
Firot Court Road, Inc. and Cliurcli Point Aesociates, L.P. as
Grantece.
Adoptef1/2 by ttio Council f tltq City of Virglnia Beach, Vir(linin
ori tlie -- day of Joune 1989.
This ordinance shall be 6ffoctive froiii tlio data of Itm
adoption.
C,PI]l #1479-05-7094
THIS DEED 01- DMICATION. Mide this 2rid day of June, 1989, by and bptween
FI@ (TU@ ROAD, INC., a Virgiiiia corf-)Oration, the first party; and UE ci@
(-')F VIRGINIA BE-ACii, @t uutiicipal suWivi,3jon of ttie Coiiimonwealth of Vlrqinia. ttie
second pai-ty, whose address is Mtinicipal Center, Princess Anne Station,@
Virginia Beach, Virginia 23456;
W I T N E S S E T H
I'hat for and ii-) cojLgiderati@)ii c)f the mlitiial benefits accruii)C-T or to accrue
to the a@dve-mentioned partie@-, ard oth(,-r gocd arA valuable consideraticn, the
sufficiency arxi receipt of which are lierel)y acl<nowledcfed, tyie first party dcx,-s
hereby dedicate, gr-ant a@ convev, with General Warraiity and I lish Covenants
of Title, a iion-ex(,ILisive pp-rl)ettial i-iqht-of-way tinto ti-ie said secorid palrty,l
and/or its successors and issigng, to construct, reconstruct. alter. operate@
and niaintain a IDedestriaii/bicycle eag,,meiit in, u@.er, ul)on and act-oss the land-9
of the first @-irty, incILidiryT the right of imtress artd egress to the same,l
described as follows:
-Ibc,se properties dfscr-II-)Pti, la@lecl @in(-i (lesignated a@- a "Ricflit--of-Way"
and a,3 a "I't-oposed 30' & Vai-iable Width Bicycle & Pedestrian FaseiDent"
as stiown (-)n that certain plat -,ntitled "PIAT E)TIOWING VACATION OF 15'
PFD@,RRIAN & BICYCIE, F@9FIT-NT AND RELC)(-,Kr.TON OF VARIAMY, WI@
PET)@MIAN/BICYCLF, FA'-iW-ITF" dated 26 March 1989 aryi revi@. 23
May
1989, pre @ed @@v Cal llil) St.uNeyors & @iineei-s. Iltd., said plat to ]-)e
recorclp-d simi-iltaneC)tASIY herp-witti in the Office of the Clerk of the
Circuit Court of the City of VircTinia Beach are- to which plat
reference is made for a more parti,@ar description.
It is agr@ @tweeii the parti,--s h@.reto that i.-Ilie sec,,ond r@t-ty and its
agents, assigrlg, arid/cr successcirs stiall have the ri@Tht to i@-pect the said
easement and to ctit and clean all i.inder(Tro-wth ar@ otlier obstnictions in ai)d
along ttie said easement (-)r adjacent thereto that may in any way endamer or@
interfere with the proper U-ge of same.
n)c@ first party cc@venants ttiat it is sei2ed in fee simple of the said
prc)perty; that it lias the right tc, convey the same Linto the said second I)arty;
that the seco@ party shall have qt-iiet and peaceable [)cssesEion of the
same,i
subject only to the en@rances of record, if any, as of the date first above!
writtei).
Itie fit-St 1.@rtv covenant.@i and aqree.9 f(.@r its sticcessors and/or a@iqns,@,
tliat t@ie considet-atici-i -ifcrem@,nticn@,i sliall be ii-i lieu of aiiy .And all claims of.
compensation and clamages for a takiryl by reason of the location, con--truction.1
reconstruction. alteration or maiiitenance of said facility.
WI the followincr signattires and seals:
ROAD, INC.,
corporation
ace i President
SRATF Or VIRGINIA
CTTY
I a Notary Rit)lic iri ar)d for the City
ai-id S ify that Jahn Wallace )@g, President of!
First Couyt, Road, Inc., a Vii-ginia cc-)rporation, whose Tiame 3s signe(i to the@
foreq@)irKi writiri(T I-)e-,irinq date, of ttie, 2@- day of L- 1989. has"
acknc)wledged samf,, befc@re nie in my City and State afoy,@,a.
Given under my hai@ this day of 1989.
Not l@c
My Comini,3sion FNpires:
C,PIN: 1479-85--7094
f3 L
0 U T
c
T IN
zg?@u
- 26 -
Item IV-H.a.
NEW BUSINESS ITEM # 31370
ADD-ON
Upon motion by Councilman Baum, seconded by Councilman Perry, City Councli
ADOPTED:
Resolution requesting Currituck County Board of
Supervisors DENY the Borrow Pit application of
Moyock Sand Company and other similar applications
and, City of Chesapeake adopt similar resolution
requesting denial.
The City Clerk will NOTIFY the Currituck County Board of Supervisors this
afternoon.
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
RESOLUTION
WHEREAS, the Moyock Sand Company has filed a request permitting a borrow
pit in the Gibbs Woods area of Currituck County, and
WHEREAS, the request filed is for a site of approximately fifty-six (56)
ares with the potential to provide borrow material in excess of any known
requirements within the immediate area, and
WHEREAS, the only roads serving this area are in the City of Virginia
Beach, and
WHEREAS, such a borrow pit will increase the amount of heavy truck
traffic on the rural road system in the City of Virginia Beach, and
WHEREAS, many of the roadways located within the rural portions of
Virginia Beach will be adversely impacted by heavy truck traffic, and
WHEREAS, the roads within the rural portions of Virginia Beach are for
light use associated with rural traffic, and
WHEREAS, nay of the existing bridges within the rural portions of
Virginia Beacli have restricted weight limits and are currently planned for
improvement or replacement, and
WHEREAS, a similar application in the St. Brides area of Chesapeake was
denied because of the impact on the rural roads of that city.
NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the Currituck County Board of Commissioners is hereby requested to
deny the borrow pit application filed by the Moyock Sand Company, and any
similar application in this area.
FURTHER, the City of Chesapeake is hereby requested to consider and
adopt a resolution similar to this resolution.
ADOPTED by the Council of the City of Virginia Beach, Virginia, on June
12, 1989.
- 27 -
Item IV-H.I.
NEW BUSINESS ITEM 31371
CHESAPEAKE BAY PRESERVATION ACT
William H. Whitney, Jr., Director Office of Environmental Management,
utilizing overhead transparencies, displayed the concepts of the CHESAPEAKE BAY
PRESERVATION ACT.
This program commenced with the 1987 Chesapeake Bay Agreement. The Governors of
Virginia, Maryland, Pennsyvlania, Mayor of Washington, D.C. and Administrator
of EPA established the Chesapeake Bay Executive Council. The commitments of the
Chesapeake Bay Executive Council were:
Public Participation and Education
Public Access
Living Resources including Nontidal Wetlands
Governance Including Local Government Advisory Committee
Water Quality
Population Growth and Development
The CHESAPEAKE BAY PRESERVATION ACT was ADOPTED in the 1988 Session of General
Assembly and attempted to address the Cor@imonwealth's commitments with respect
to water quality and population growth and development. The CHESAPEAKE BAY
PRESERVATION ACT established a new Department and Board at the State Level:
Chesapeake Bay Local Assisance Board and Department. This Department reports
directly to the Secretary of Natural Resources. The Department was authorized
to develop certain area and management criteria for the local jurisdictions.
Relating to Non-Tidal Wetlands, House Bill 1037 (sponsored by Delegate
Forehand) and House Bill 1887 (sponsored by Delegate Bloxom) and SJR 222 - a
study failed to be adopted but the NON-TIDAL WETLANDS ROUNDATABLE was authoized
by the 1989 General Assembly. The Local Government Advisory Committee to the
Chesapeake Executive Council was established. Virginia Beach is the only
jurisdiction with representation both on the Non-Tidal Wetlands Roundtable and
the Local Goverriment Advisory Committee:
Councilwoman Nancy K. Parker - Local Government Advisory Committee
William H. Whitney, Jr. - Non-Tidal Wetlands Roundtable
William Whitney outlined the principles of the CHESAPEAKE BAY PRESERVATION
PRESERVATION ACT:
All counties, cities and towns in Tidewater Virginia must incorporate
general water quality protection measures into their comprehensvie plans,
zoning ordinances and subdivision ordinances.
Local government must establish and protect Chesapeake Bay Preservation
areas in accordance with State critera.
The State will provide financial and technical assistance policy guidance
and oversight when requested to administer these provisions.
All State agencies will operate in conformity with local comprehensive plans
and ordinances once they are in complaince.
Local govenments will plan for and implement these provisions with state
support and oversight.
The Chesapeake Bay Local Assistant Board shall develop compliance criteria
for publication by July 1, 1989. (These are currently in draft form and
under public review.
- 28 -
Item IV-H.l.
NEW BUSINESS ITEM # 31371 (Continued)
CHESAPEAKE BAY PRESERVATION ACr
William Whitney advised following the PUBLIC HEARINGS, a written comment period
will extend through June 23, 1989, after which the Chesapeake Bay Local
Assistance Board and their Department will consider the comments and publish
the final regulations.
The Proposed Regulations are hereby made a part of the record:
CHESAPEAKE BAY PRESERVATION AREA DESIGNATION AND MANAGEMENT REGULATIONS
"For use by Local Governments in granting, denying or modifying requests to
rezoning, subdivide or to use and develop land in the Chesapeake Bay
Preservation Area."
Local Program Must Contain:
A Zoning Map designating Chesapeake Bay Preservation Areas
Performance critera applying in Chesapeake Bay Preservation Areas.
A revised Comprehensive Plan showing Chesapeake Bay Preservation
Areas.
A revised Zoning Ordinance embodying performance critera
A revised Subdivision Ordinance assuring compliance by all
subdivisions
A revised Erosion and Control Ordinance requiring compliance.
A revised Bulding Permit Process.
The CHESAPFAKE BAY PRESERVATION AREAS include:
Resource Protection areas (Sensitive Lands near shorelines):
Tidal Wetlands
Nontidal Wetlands hydrologically connected by surface flow
(probably floodways)
Tidal Shorelines
Other simlar areas as deemed necessary by local government
Buffer zone adjacent to above (vegetated)
100 feet if contiguous to tidal water
50 feet if contiguous to nontidal water
Resource Management Areas (Contiguous to RPA'S) shall consider for inclusion:
Floodplains (Probably Flood finges)
Highly erodible soils, including steep slopes
Highly Permeable areas
Nontidal Wetlands not in RPA's (Possible Flood finges)
Other similar areas as deemed necessary by local government.
- 29 -
Item IV-H.2.
NEW BUSINESS ITEM # 31372
Attorney R. J. Nutter, II, 2809 South Lynnhaven Road, Phone: 431-3100,
represented the applicant
Clarence E. Lupton, Sr., 11 Lighthouse Lane, lfilton Head Island, South Carolina
29928, Phone: (803) 686-2988, represented the applicant
A MOTION was made by Councilman Baum, secondend by Councilman Perry to HEAR
tonight, June 12, 1989, Amendments to Restrictive Agreements for golf courses
in the Glenwood and Cypress Point Subdivisions. (MOTION WITHDRAWN)
A MOTION was made by Councilman Heischober, seconded by Councilman Perry to
HEAR tonight, June 12, 1989, Amendments to Restrictive Agreements for golf
courses in the Glenwood and Cypress Point Subdivisions.
Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober, John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Albert W. Balko, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Mayor @leyera E. Oberndorf and
Nancy K. Parker
Council Members Absent:
None
- 30 -
Item IV-H.2.
NEW BUSINESS ITEM # 31372
Upon motion by Councilman Moss, seconded by Councilman Baum, City Council
DEFERRED until the City Council Meeting of July 10, 1989:
Amendments to Restrictive Agreements for golf
courses in the Glenwood and Cypress Point
Subdivisions.
The City Clerk shall ADVERTISE in the same manner
as Planning Items and the applicant shall post
signs.
Council Members shall submit their various concerns
to City Staff for response.
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
31
Item IV-H.b.
CANCELLED the City Council Session of September 25,
1989.
The City Council Sessions of September 11, 1989
and September 18, 1989 shall contain both
Administrative and Planning items.
Vice Mayor Fentress and Councilwoman Henley will be attending the APTA
Conference in Atlanta, Georgia.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, 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:
- 31 -
Item IV-H.b.
NEW BUSINESS ITEM # 31373
ADD-ON
Upon motion by Vice Mayor Fentress, seconded by Concilman Heischober, City
Council:
CANCELLED the City Council Session of September 25,
1989.
The City Council Sessions of September 11, 1989
and September 18, 1989 shall contain both
Administrative and Planning items.
Vice Mayor Fentress and Councilwoman Henley will be attending the APTA
Conference in Atlanta, Georgia.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, 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:
Reba S. McClanan
Council Members Absent:
John A. Baum
- 32 -
Item IV-H.c.
NEW BUSINESS ITEM # 31374
ADD-ON
Councilman Moss requested SCHEDULING for an August Agenda the subject of
"Light Rail Transit" as an Advisory Referendum on the November 1989 BALLOT.
Councilman Moss distributed his comments pertaining to this item.
- 33 -
Item IV-I.l.
RECESS INTO ITEM # 31375
EXECUTIVE SESSION
In accordance with Section 2. 1-344, Code of Virginia as amended, and upon
motion by Councilman Moss, seconded by Councilman Balko, City Council RECESSED
into EXECUTIVE SESSION for discussion of Personnel Matters (5:35 P.M.), after
which to adjourn.
1. PERSONNEL MATRERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
Voting: 10-04@
Council Members Voting Aye:
Albert W. Balko, 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:
John A. Baum
*Verbal Vote