HomeMy WebLinkAboutJANUARY 23, 1989
"WORLD'S LARGEST RESORT CITY"
(:I@ COUNCIL
MAYOR ME@@p, E OBEW@ff, .1 @,g@
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JANUARY 23, 1989
ITEM 1. COUNCIL CONFERENCE SESSION - Conference Room - 4:30 PM
A. CITY COUNCIL CONCERNS
ITEM Ii. INFORMAL SESSION - Conference Room - 5:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS FNTO EXECUTIVE SESSION
ITEM 111. FORMAL SESSION - Council Chamber - 6:00 PM
A. INVOCATION: Reverend Leon F. Wardell
Calvary Presbyterian Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
0. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. MINUTES
1. INFORMAL & FORMAL SESSIONS - January 17, 1989
E. CONSENT AGENDA
Al I matters II sted under the Consent Ag end a are cons I d ered In the
ordinary course of buslness by City Council and will be enacted by
one motion In the form listed. If an Item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Resolution requesting the Planning Commission to study and make Its
recommendation concerning amendments to the Master Street & Highway
Plan for the General Booth/Dam Neck/London Bridge Road area.
2. Resolution referring to the Planning Commission an amendment to the
CZO pertaining to the location of public projects and facilities.
3. Ordinance upon SECOND READING to APPROPRIATE $8,550 from the
Dlvlslon of Litter Control to the Clean Community Program.
4. Low Bid to Asphalt Roads & Materials, Co., Inc. in the amount of
$2,641,292.60.
F. PUBLIC HEARING
1. PLANNING
a. Application of TERRY M. PAINTER for a change In a nonconforming
use on property located at 1702 Southern Boulevard, containing
T2-,604 square feet more or less (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
b. Application of JOHN and KATHERINE MILLER for a change in a
nonconforming use on property locatp-d at 5625 Virginia Beach
Boulevard, containing 14,040 square feet (BAYSIDE BOROUGH).
Recommendation: DENIAL
C. Applicatlon of CESS LIMITED for ttie dlscotitinuance, closur(',
and abandonment of portions of (PRINCESS WNN-E @OIROUGII ): --
Cason Avenue beginning at the Eastern boundary of Seaboard Road
and running In a Northeasterly direction a distance of 1170.75
feet;
AND,
Bratten Street beglnning at the Southern boundary of Cason
Avenue and running In a Southerly direction a distance of 50
feet.
Said parcels contain 1.4175 acres.
Recommendation: WITHDRAWAL
d. Applicatlon of WILLIAM RICHARD COLLIER for a variance to
Section 4.4(b) of the Subdivlsion Ordinance which requires all
lots created by subdivision to meet all requirements of the
City Zoning Ordinance located at the Southeast corner of
Arrowhead Point and Arrowhead Point Court (BAYSIDE BOROUGH).
Recommendation: WITHDRAWAL
Application of TIPTON SUTTON, L & B BODY SHOP, INC. for a
Conditional Use Permit for motor vehicle sales and service on
the North side of Virginia Beach Boulevard, 300 feet East of
Dorset Avenue (5004 Virginia Beach Boulevard), contalning 1.2
acres (KEMPSVlLLE BOROUGH)·
Recommendation: APPROVAL
Application of JVL ASSOCIATES for a Conditional Use Permit for
mini-storage located 400 feet more or less Northeast of the
Intersection of Salem Road and South Independence Boulevard,
containing 4.584 acres (PRINCESS ANNE BOROUGH).
Deferred 12/12/88
Recommendation: APPROVAL
Appllcatlon of MARRIOTT CORPORATION for a Conditional Zoning
Classification from R-5D Residential Duplex District to H-1
Hotel District on the Northwest side of Euclid Road, 500 feet
more or less Southwest of Kellam Road (4760 and 4764 Euclid
Road), containing 2.67 acres (KEMPSVILLE BOROUGH).
Deferred January 9, 1989
Recommendation: APPROVAL
he
Applications of SHIPPS CORNER NURSERY COMPANY for Changes of
Zoning District Classification (PRINCESS ANNE BOROUGH):
AG-1 Agricultural District to I-2 Heavy Industrial District, on
property located 600 feet North of Shlpps Corner Road, 530 feet
more or less East of London Bridge Road, containing i.566 acres
more or less;
AND,
AG-2 Agricultural District to I-2 Heavy Industrial District on
property located on the North side of Shlpps Corner Road, 250
feet East of London Bridge Road, containing 13.179 acres more
or less.
Deferred 10/24/88
Recommendation: APPROVAL for both applications
Application of
boarding horses
Road, 220 feet
Seaboard Road),
Recommendation:
SUSAN ZOBY for a Conditional Use Permit for
on property located 900 feet South of Seaboard
more or less West of Princess Anne Road (2997
containing 60 acres (PRINCESS ANNE BOROUGH).
APPROVAL
Application of NORMAN GLADDEN, JR. for a Conditional Use
Permit for a recreational facility other than that of an
outdoor nature (shooting range) on Lot A-8, Lynnhaven Square
(2664 Lishelle Place), containing 1.02 acres (PRINCESS ANNE
BOROUGH.
Recommendation: APPROVAL
k App I I cat I on of STERL I NG F. WEBSTER f or a va r I ance to Sect 1 on
4. 4 (d ) of the Su bd i v i s i on Ord I nan ce wh I ch roq u i res a I II ots
created by subdivislon meet all requlrements of the Clty Zoning
Ordinance on property located 740 feet more or less Southwest
of Little @leck Road beginning at a point 380 feet more or less
Easf of Briarwood Point (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
1. Applications of AMOCO OIL COMPANY (PRINCESS ANNE BOROUGH):
Change of Zoning District Classiflcation from AG-2 Agricultural
District to B-2 Community Business District on the East side ;f-
Seabo r@d Roaj be-ginning at a point 120 feet more or less South
of Princess Anne Road (2404 Seaboard Road), containing 28,917
square feet;
AND,
Conditional Use Permit for a gas station and car wash in
conjunction with a convenience store on certain property
located at the Southeast corner of Seaboard Road and Princess
Anne Road, containing 43,200 square feet.
Recommendation: DENIAL for both applications
m. Applications of MILDRED LUCILLE REID and HERBERT D. SMITH for
Changes of Zoninq District Classification from AG-2
Agricutfural District to 1-1 Light Industrial District on@h
South side of London Brid e@Road, 1700 feet more or less East
of Shipps Corner Road (1417 London Bridge Road) (PRINCESS ANNE
BOROUGH):
Parcel containing 2.524 acres;
AND,
Parcel containing 1.214 acres.
Recommendation: DENIAL for both applications
n. Applications of JOHN W. SWAN (2893 West Gibbs Road) (BLACKWATER
BOROUGH):
Variance to Section 4.4(b) of the Subdivision Ordinance which
requires all lots created by created by subdivision meet all
requirements of the City Zoning Ordinance;
AND,
Conditional Use Permit for a single-family dwelling In the AG-1
Agricultural District on the East side of West Gibbs Road, 3800
feet more or less from the intersection with Blackwater Road,
containing 3 acres.
Recommendation: DENIAL for both applications
o. Applicatlons of ALWAT ASSOCIATES, on property at 4883 Bonney
Road, 1.065 acres (KEMPSVILLE BOROUGH):
Change of Zoninq District Classifi.cation from R-5D Residential
Duplex District to B-2 Community Business District;
AND,
Conditional Use Permit for bulk storage.
Recommendation: DENIAL for both applications
G. UNFINISHED BUSINESS
H. NEW BUSINESS
1. ADJOURNMENT
CITY COUNCFL SESSIONS
RESCHEDULED
JANUARY 30, 1989 2:00 PM
RESCHEDULE OF JANUARY 2
"NEW YEARIS DAY HOLIDAY"
FEBRUARY 20, 1989 2:00 PM
CANCELLED
ItPRESIDENTS DAY"
All other Sessions will be In accordance with the City Code
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 23, 1989
The VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E.
Oberndorf in the Conference Room, City Hall Building, on Monday, January 23,
1989, at 4:30 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 and William D. Sessoms,
Jr.
Council Members Absent:
John L. Perry (ENTERED: Formal Session: 7:20 P.M.)
- 2 -
C ON C E R N S OF T HE MAYOR
Item # 30655
Mayor Oberndorf referenced a letter from the City Manager advising his
attendance at the Voting Session of the State Water Commission in Richmond on
January 23, 1989. Giles Dodd, Assistant City Manager for Administration will be
in attendance during the Council Sessions.
ITEM # 30656
Mayor Oberndorf referenced the application of SUSAN ZOBY for a Conditional Use
Permit for boarding horses on property located 900 feet South of Seaboard
Road, 220 feet more or less West of Princess Anne Road (2997 Seaboard Road),
containing 60 acres (PRINCESS ANNE BOROUGH). (See Item TV-F.I.i. of the
PLANNING AGENDA.) Susan Zoby's husband is critically ill and thus she has
requested a DEFERRAL. This item will be brought forward on the PLANNING AGENDA.
- 3 -
IT EMS OF T HE C IT Y MANA GE R
ITEM # 30657
Giles Dodd, Assistant City Manager for Administration, distributed a Memorandum
from Robert J. Scott to the City Manager relative Resolution referring to the
Planning Commission an amendment to the CZO pertaining to the location of
public projects and facilities (See Item IV-E.2 of the CONSENT AGENDA.)
Thus far, the Zoning Ordinance has been adequate to handle almost all problems
that have occurred. Since most governmental facilities are on land owned by the
public or a public agency, they can be located by right in most zoning
categories as a public use. There are two items which make this issue more
complicated for the future: (1) The Zoning Administrator interprets the
Ordinance that in order for a facility to be considered a public facility, it
must be on land owned by the Public; (2) The movement of City government into
broader areas of endeavor and using more innovative methods that often involve
the leasing of land from private enterprise. Therefore, certain contemplated
facilities which would otherwise be allowed by right because they are public
facilities would not be allowed because they are on land leased by the City and
not owned by it.
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C 0 UN C I L C ON C E R N S
ITEM # 30658
Councilman Moss referenced his meeting with residents today, January 23, 1989,
relative the golf course at KEMPSVIL1;E GREENS (Ordinances upon application of
R. G. MOORE BUILDING CORPORATION for Changes of Zoning 0-1 to R-5, R-5 to PD-H2
and R-5 to P-1 ADOPTED January 16, 1984).
Councilman Moss further referenced Variances before the Board of Zoning Appeals
GRANTED on November 18, 1987. Variance of 10 feet to a "O" front yard setback
for Buildings 19 through 21 instead of 10 feet each as required (Kemspville
Greens Parkway); 10 feet to a "O" rear yard setback for Buildings I through 14
instead of 10 feet each as required (storage sheds); 2 feet in fence height to
6 feet in height instead of 4 feet in height as allowed in a required yard
adjacent to a street (PDH2-Condominium Development) on Parcel C, Kempsville
Greens; 10 feet to a "O" rear year setback (East side, Buildings 5 through 7;
southeast side, Buildings 8 through 22; west side, Buildings 23 through 29)
instead of 10 feet each as required (storage sheds); 8 feet to a "O" setback
between Buildings 30 through 37 and 38 through 40, instead of 8 feet each as
required (storage sheds); 2 feet in fence height to 6 feet in height instead of
4 feet in height as allowed in a required yard adjacent to a street (PDH2-
Condominium Development) on Parcel D, Section One, Kemspville Greens.
Discussions are now underway with Parks and Recreation relative moving the
"Tee" and even installing fences and other types of screening in order the
units may be sold because of the "golf ball" problem. The golf balls are
hitting the homes and breaking the windows. The units were built too close to
the golf course.
An attorney for the residents has advised the residents the Board of Zoning
Appeals does not have the jurisdiction to GRANT Variances to PD-H2.
Mayor Oberndorf advised the residents wished to cease the building of the other
townhouses and have the foundations removed. An Assistant City Attorney
contacted their attorney and advised the City had not caused any inappropriate
action.
Councilman Moss inquired as to what constitutes a material change to a PD-H2.
The City Attorney will prepare a report.
ITEM # 30659
Councilwoman Henley advised Mary S. Bruner, Chairman, Constitutional
Celebration Commission, had requested City Council Members attend a
Celebration for the recognition of George Washington's Birthday at TANDOM'S,
February 22, 1989, at 12:00 NOON. The luncheon will be "dutch treat" luncheon
at a cost of $9.00. Mary and Ryan Fletcher of Williamsburg will be present in
the roles of George and Mary Washington.
ITEM # 30660
Councilwoman Henley referenced a letter from Dr. Hill (Dr. Kathryn Hill Venner)
regarding the Holland Road/Princess Anne Road Intersection. Councilwoman
Henley has drafted a response. Councilwoman Henley further referenced the copy
of the MEMORANDUM from the City Manager and Director of Public Works. Copies of
this correspondence will be redistributed to City Council. Oral Lambert advised
the Staff is prepared to proceed with those improvements upon authorization by
City Council. The City Manager will SCHEDULE same for a future Agenda.
ITEM # 30661
Councilwoman Henley advised of attendance at the Sandbridge Civic League
Meeting on Saturday, January 21, 1989. Inquiries were made relative the
conversion of the campground "Surfside at Sandbridge" to condominium. If this
does become a condominium, would it be classified as a trailer court rather
than just an outdoor recreation facility. This is a change in use. The City
Attorney will research and advise.
- 5 -
C 0 U N C I L C 0 N C E R N S
ITEM # 30662
Councilwoman Parker referenced the letter from W.T. COOKE ELEMENTARY SCHOOL to
the Mayor and Members of City Council. Said letter was contained in City
Council's FYI
The City Council, as the ADOPT-A-SCHOOL PARTNER, will be introduced to parents
at the Parent Teacher Association Meeting at 7:00 P.M. on January 24, 1989.
Vice Mayor Fentress will represent Mayor Oberndorf.
ITFY] # 30663
Councilwoman Parker referenced recycling and advised under a mandatory system
in Seattle, the unsorted garbage costs $8.00 a bag and the recycles are free.
Councilwoman Parker advised it was not her desire that the City should do this,
just that Virginia Beach should be advised of the extreme alternatives that are
occurring in other parts of the United States
Councilman Sessoms referenced the Williamsburg Project, providing separate
disposal and selling all the recycles; therefore, there is no dumping fee.
Mayor Oberndorf advised SOUTHEASTERN PUBLIC SERVICE AUTHORITY is going into the
eight (8) localities, 1000 homes in each, with a pilot program and are doing a
complete study. New Jersey has inundated their recycling of newspapers and are
now trying to come into Virginia for the recycles to alleviate the problem of
loss of revenue.
ITEM # 30664
Councilman Moss referenced the letter from the City Manager of January 19, 1989
relative the Governor's proposal for an income tax surcharge. The local
governments have been requested to advise the delegation of their position
concerning this proposal The City Manager attached a DRAFT Resolution to said
letter.
Giles Dodd, Assistant City Manager for Administration, advised he possessed a
copy of the Governor's speech.
Councilwoman Henley distributed a REVISED Resolution requesting the General
Assembly to Enact Impact Fees on Development to allow Virginia Beach to Develop
Conditional Zoning and other growth management tools and to further examine the
Governor's Income Tax Proposal. Any support of said proposal would have to be
coupled with reciprocation to local governments to assure the residents the
City is in control of growth and the infrastructure.
Councilman Moss advised the public is not interested in additional income tax.
Councilman Moss, as he understood it, did not agree with a 1% Local Option
Income Tax.
Mayor Oberndorf advised there are two courses of action:
1. Bring forward the Resolution, either version, to
the Formal Session.
2. City Council react to the proposal upon receipt of
additional data.
Mayor Oberndorf advised in discussion with the Mayor's and Chairmen of the
Boards of Supervisors in Virginia, this is probably the only type of relief,
localities will receive in their quest with the State to raise more revenue.
Councilman Sessoris advised additional information is needed and does not agree
with the means of obtaining the necessary funding.
Councilman Moss referenced the Talk Show on Saturday Night, January 21, 1989.
on Channel 15, consisting of Members of the General Assembly discussing the
Governor's proposal.
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C I T Y M A N A G E R 'S B R I E F I N G
ITEM # 30665
As per request of Mayor Oberndorf, Tom Cantrell, Chairman, VIRGINIA BEACH
SISTER CITY COMMITTEE, reported their progress. Tom Cantrell advised research
had been conducted among the business communities through the Economic
Development Department to determine existence of commercial and cultural ties.
VIRGINIA BEACH SISTER CITY COMMITTEE is investigating four (4) specific areas:
CANADA
MOSS, NORWAY
EUROPE
FAR EAST
A SISTER CITY relationship exists with Moss, Norway. However, this has lost the
momentum. The Committee is attempting to generate this by developing stronger
ties.
In the Business Community, the Committee has looked towards Canada in an area
which is being researched in some depth. Canada is the Number One Trading
Partner with the United States. Currency fluctuation is very simple and
language is not a barrier. Military connections and a significant amount of
tourism exists.
Another area is Europe, most specifically in Southern Germany. There are
subcommittees endeavoring to make contact in each of these areas.
The fourth area is the Far East, being defined as Tiwan, Korea, China and
Japan. There appears to be a strong interest in China.
On February Eighth, the Coramittee will appear before the Central Business
District and make a public announcement.
If the Community desires a Sister City relationship for economic and cultural
purposes, it is in the City's interest to do so with private sector financing.
The Chamber of Commerce has been extremely helpful in providing staffing
support.
- 7 -
ITEM # 30666
The INFOR14AL 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, January 23, 1989, at 5:30 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Nancy
K. Parker, Reba S. McClanan, John D. Moss, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Absent:
John L. Perry
- 8 -
ITEM # 30667
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. LEGAL 14ATrERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body pursuant to Section 2.1-344 (a) (6).
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Nancy
K. Parker, Reba S. McClanan, John D. Moss, Mayor
Meyera E. Oberndorf, and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
- 9 -
F 0 R M A L S E S S I 0 N
VIRGINTA BEACH CITY COUNCIL
January 23, 1989
6:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday,
January 23, 1989, at 6:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
John L. Perry and William D. Sessoms, Jr.
Council Members Absent:
John L. Perry ENTERED: Formal Session
at 7:20 P.M.
INVOCATION: Reverend Leon F. Wardell
Calvary Presbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF TliE UNITED STATES OF AMERICA
- 10 -
Item III-D.1
PRESENTATION ITEM # 30668
ADD-ON
Frank Chebitar, Tidewater Area Pearl Harbor Survivors Association, PRESENTED to
City Council a memento of the 47th ANNIVERSARY CONVENTION & REUNION held on
December Third thru December Eighth in Virginia Beach.
Frnak Chebitar expressed appreciation to the City Council for the Convention
Committee.
Item III-D.2.
MINUTES ITEM # 30669
Upon motion by Vice @iayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED the MINUTES of the INFORMAL AND FORMAL SESSIONS of January
17, 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 Absent:
John L. Perry
- 12 -
Item III-E.
CONSENT AGENDA ITEM # 30670
Upon motion by Councilman Moss, seconded by Councilman Balko, City Council
APPROVED in ONE MTION, Items 1, 3 and 4 of the CONSENT AGENDA.
Item III-E.2 was pulled for a separate vote.
Voting: lo-o*
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:
*Councilwoman Nancy K. Parker ABSTAINED on Item III-
E.3 as she is a Member of the Clean Community
Commission.
Council @fembers Absent;
John L. Perry
*Councilwoman McClanan VOTED a VERBAL NAY on Item III-E.1 of the CONSENT
AGENDA.
"Councilwoman McClanan DISCLOSED she is an advisory Member of the Clean
Community Commission but this will not inhibit her ability to vote in an
objective manner.
- 13 -
Item III-E.l.
CONSENT AGENDA ITEM # 30671
Upon motion by Councilman Moss, seconded by Councilman Balko, City Council
ADOPTED:
Resolution requesting the Planning Commission to
study and make its recommendation concerning
amendments to the Master Street & Highway Plan for
the General Booth/Dam Neck/London Bridge Road area.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor lleyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan*
Council Members Absent;
John L. Perry
"Verbal Nay
1 A RESOLUTION REQUESTING
2 THE PLANNING COMMISSION
3 TO STUDY AND MAKE ITS
4 RECOMMENDATION CONCERNING
5 AMENDMENTS TO THE MASTER STREET
6 AND IIIGHWAY PLAN FOR THE
7 GEIIERAL BOOTH - DAM NECK -
8 LONDON BRIDGE ROAD AREA
9
10
11 WHEREAS, a tiumber of irtiportant land use changes have
12 occurred in the General Booth - Dam Neck - London Bridge Road area
13 in recent years; and
14 WliEREAS, the Planning Department has studied the cumulative
15 transportation impact of these changes and has presented its
16 findings to the City Council; and
17 WHEREAS, the City Council desires tlie Planning Commission
18 to review the Planning Department's study and to make whatever
19 recommendations for change to the Master Street and Highway Plan
20 it deems appropriate based upon the findings of that study.
21 NOW, TliEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
22 OF VIRGINIA BEACH, VIRGINIA
23 That the Planning Commission is hereby requested to review
24 the study conducted by the Planning Department concerning trans-
25 portation impact in the General Booth - Dam Neck - London Bridge
26 Road area and to make whatever recommendations for change to the
27 Master Street and Highway Plan it deems appropriate based upon the
28 findings of that study.
29
30 Adopted by the Council of the City of Virginia Beach, Virginia
31 on the 23rd day of January 1989.
32
33
34 GLF: j ls
35 01/19/89
36 MASTERPL.RES
37
- 14 -
Item III-E.2.
CONSENT AGENDA ITEM # 30672
Upon motion by Councilman Heischober, seconded by Councilwoman Parker, City
Council ADOPTED:
Resolution referring to the Planning Commission an
amendment to the CZO pertaining to the location of
public projects and facilities.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, flarold 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 Absent:
John L. Perry
1 A RESOLUTION REFERRING TO
2 THE PLANNING COMMISSION
3 AN AMENDMENT TO THE CZO
4 PERTAINING TO THE LOCATION
5 OF PUBLIC PROJECTS AND FACILITIES
6
7
8 WHEREAS, the City of Virginia Beach has from time to time
9 the need to constrilct or locate public office facilities or otlier
10 public facilities; and
11 WHEREAS, i.t i.s from ti.me to time advisable to locate such
12 facilities on property not owned by the City of Virginia Beach;
13 and
14 WHEREAS, there may be zoning restrictions that would apply
15 to such worthwhile projects or uses that would not apply if the
16 property were publicly owned.
17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
18 OF VIRGINIA BEACH, VIRGINIA, THAT
19 The Planning Commission is hereby requested to study the
20 attached ordinance and any other ordinances they deem appropriate
21 and to recommend to Council a course of action it deems most
22 suitable for the situation.
2 3
24 Adopted by the Council of the City of Virginia Beach, Virginia
25 on the 23rd day of 1.989.
26
27 GI@F:jls APPPO)
28 01/18/89
29 CZOPUB.RES
30
IE
Ar@Pr, ON LEGAL
surr-ICIE1,ICY Al'ID FOPIA
Ciff AT[!
1 AN ORDINANCE TO AMEMD AND REORDAIN
2 ARTICLE 8, SECTION 801(a)
3 OF 111E CITY ZONING ORDINANCE
4 PERTAINING TO PRINCIPAL AND CONDITIONAL USE
5 IZEGULATIONS IN OFFICE DISTRICTS
6
7
8 BE IT ORDAINED BY TIIE COUt4CIL OF TliE CITY OF VIRGINIA BEAC[I, VIRGINIA:
9
10 That Article 8, Section 801(a) of the City Zoning Ordinance
-11 pertaining to principal and conditional use regulations in office
12 districts is hereby amended and reordained as follows:
13
14
15 Sec. 801. Use Regulations
16
17 (a) Principal and conditional uses.
18
19 Tlie following chart lists those uses permitted within the 0-1 and
20 0-2 Off Ice I)istricts. Ttiose uses and structures in the respective
21 office districts sliall be permitted as either principal uses indicted
22 by a P or as conditional uses indicated by a C. Uses and structures
23 indicated by an X siiall be prohibited in the respective districts. No
24 uses or str@tictures otlier ttiaii as specified stiall be permitted.
25
26 USE 0-1 0-2
27 ----------
28 Business offices of advertising, real
29. estate, insurance, contnercial or
30 industrial establishments p p
31 Cemeteries c c
32 Child care ceriters p p
33 --------------------------------------------------------------
34 Child care education centers in connection
35 witti public or private elementary
36 scliools or cliurclies p p
37 Churclies c c
38 Eating atid dririking establistiments,
39 establistiments for sale of convenience
40 goo(is an(I persoiial service
41 establishnients otlier than those
42 perinitted as principal uses, provided
43 tliat such uses stiall be in connection
44 witti a principal use an(] stiall in
45 cornbinatiori not occupy more than ten
46 (10) percent of the total floor area
47 irivolve(i iii tlie prificil)al use c c
48 --------------------------------------------------------------
49 Finance agency offices, banks p p
50 Flarists retail
51 Funeral homes c p
52 --------------------------------------------------------------
53
54 USE 0-1 0-2
55
56 Governmental centers and offices and
57 other public uses and structures
58 al)l)rol)riate to tlie cliaracter of t@ie
59 district, necessary to Its servicing,
60 or requiring location within the
61 districtwliether owned or leased by
62 a_public ag@ncy- p p
63 flospital and sanifariums x c
64 Medical, optical and dental offices and
65 clinics; legal, engineering,
66 arcliltectural at)(] similar professional
67 offices, accourititig, auditing and
68 bookkeeping service offices p p
69 --------------------------------------------------------------
70 Museums, art galleries, auditoriums,
71 arenas, civic or cultural centers,
72 historic exhibits, botanical gardens,
73 parks, recreational facilities and
74 tlie like, wlien operated by a public
75 agency or not for profit x p
76 Nursing or cotivalesceilt tiomes, maternity
77 liol@l('.S, 110111('s foy@ t@I)e tge(I an(] similar
78 ItisLitutlotis for tlie slielter and
79 care of persons x c
80 Offices in wliich goods, ware or merchandise
81 are not conititercially created, displayed,
82 store(l, excliange(I or sold p p
83 --------------------------------------------------------------
84 Offices of niiscellatieous business services
85 stich as consunier credit reporting
86 agencies, mailing Ilst atid stenographic
87 services, business and management
88 consulting services p p
89 Offices of tiotiprof IL ar@garlizations, sucli
90 as professional organlzatlons, civic,
91 social and fraternal associations,
92 political organizations, religious
93 orgariizatioris, and labor un"ons;
94 provided, however, that no hiring
95 halls sliall be permitted in this
96 district p p
97 Off-street parking in conjunction with
98 permitted uses in an adjoining business
99 district, provided such parking
100 sliill 1)(, liiiillp(l to tliat zonirig lot
101 cotitigoolis witti tlie btisitiess dlstrict
102 use for wliicti the parking Is provided
103 but in no event shall such off-
104 street parkitig extend morl ttian two
105 hutidred (200) feet Into the 0-2
106 district x c
107 ---------------------------------------------------------------
108 USE .0-1 0-2
109
110 Private clubs and lo(iges x c
ill Public schools, c6lleges and universities,
112 and private scliools, colleges and
113 utiiversities having similar academic
114 curriculums c p
115 --------------------------------------------------------------
116 Public utilities installations and
117 substations provided storage or
118 maintenance facilities shall
119 not be permitted; and provided,
120 furtlier, that utilities substations,
121 other than individual transformers,
122 sliall be surrourided by a wall, solid
123 except for entrances and exits, or
124 by a fence with a screening hedge
125 five (5) to six (6) feet in height;
126 and provided also, transformer
127 vaults for underground utilities and
128 tlie like shall require only a landscaped
129 screening hedge, solid except for
130 access opening p p
131 Public utilities business offices x p
132 lelevision or radio transmission towers
133 and line-of-sig@it relay devices c c
134
135
146 Adopted by tlie Council of tlie City of Virginia Beach, Virginia, on
137
138 the day of 1989.
139
140
141
142 DCS/ds
143 10-26-88, revised 12-21-88
144 \CZOI\SEC801a.CZO
- 15 -
Item III-E.3.
CONSENT ACENDA ITEM # 30673
Upon motion by Councilman Moss, seconded by Councilman Balko, City Council
ADOPTED upon SECOND READING:
Ordinance to APPROPRIATE $8,550 from the Division
of Litter Control to the Clean Community Program.
Voting: 9-0
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 r-. Oberndorf
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Councilwoman Nancy K. Parker ABSTAINED on Item III-
E.3 as she is a Member of the Clean Community
Commission.
Council Members Absent:
John L. Perry
*Councilwoman McClanan DISCLOSED she is an advisory Member of the Clean
Community Commission but this will not inhibit her ability to vote in an
objective manner.
z M PRIME $8,550 FRCH OM
d'.
C) DIVISICN OF LrrIER CCMML TO 'niE
m the comcil of the city of Virginia Beach recognizes
of the litter problem within the City, ancl
WHEREAS, the Litter Control Act of 1976 provides the
Departxient of Waste Management, Division of litter Control, grants for the
purpose of enhancing local litter control p , and
, the Vi@ia Beach Clean ity Program is in its
eleventh year of furiding urider this p
a suppleniental grant in the amo unt of $8,550 is available
for the Clean ity Program in the city of virginia Beach by the
Depa t of Waste Managmmt, Division of litter Control, and
this funding shall be used for Clean Cm-itY
activities for the remainder of the fiscal year.
NOW, BE IT BY TM OF TM CTRY OF
WMINTA BEME that $8,550 is hereby appropriated for an expansion of the
Clean ty Program within the City, and
HE iT that revenue frctn the Ccmmnwealth be
increased by $8,550.
'Ibis ordinance shall be effective frcm the date of its adoption.
Adopted by the @il of the City of Virginia Beach, Virginia on
the 23 day of January 198P.9
January 17, 1989
FTRST P.EADIM:
SECOND READING: January 23, 1989
- 16 -
Item III-E.4.
CONSENT ACENDA ITENI # 30674
Upon motion by Councilman Moss, seconded by Councilman Balko, City Council
APPROVED:
Low Bid to Asphalt Roads & Materials, Co., Inc. in
the amount of $2,641,292.60 for BAXTER ROAD
WIDENING (CIP 2-006) and SANITARY SEWERS (CIP 6-
964) BID NO. 0291.
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 Absent:
John L. Perry
- 17 -
Item III-F.
PLANNING ITEM # 30675
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HFARING on:
PLANNING
a. TERRY M. PAINTER CHANGE IN A NONCONFORMING
USE
b. JOHN AND KATHERINE MILLER CHANGE IN A NONCONFORMING
USE
c. CESS LIMITED STREET CLOSURES
d. WILLIAM RICHARD COLLIER VARIANCE
e. TIPTON SUTTON, L & B BODY SHOP, INC. CONDITIONAL USE PERMIT
f. JVL ASSOCIATES CONDITIONAL USE PERMIT
g. MARRIOTT CORPORATION CONDITIONAL ZONING
CLASSIFICATION
h. SHIPPS CORNER NURSERY COMPANY CHANCES OF ZONING
i. SUSAN ZOBY CONDITIONAL USE PERMIT
j. NOR14AN GLADDEN, JR. CONDITIONAL USE PERMIT
k. STERLING F. WEBSTER VARIANCE
1. AMOCO OIL COMPANY CliANGE OF ZONING AND
CONDITIONAL USE PERMIT
m. MILDRED LUCILLE REID AND CHANGES OF ZONING
HERBERT D. SMITH
n. JOHN W. SWAN VARIANCE AND
CONDITIONAL USE PERMIT
o. ALWAT ASSOCIATES CHANCE OF ZONING AND
CONDITIONAL USE PERMIT
- 18 -
Item 111-F,I,a,
Fabl@ 19IN@
PLANNING ITEM # 30675
Attorney Patricia Helfer, 621 Lynnhaven Parlcway, #405, Phone: 340-5800
Terry Painter, the applicant, responded to City Council concerns, advising the
trailer and other debris will be removed.
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
ADOPTED an Ordinance upon application of TERRY M. PAINTFR for a Change in a
Non-Conforming Use:
Ordinance upon application of Terry M. Painter for
a change in a nonconforming use on property located
at 1702 Southern Boulevard. Said parcel contains
22,604 square feet more or iess. More detailed
information is available in the Department of
Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. The construction trailer must be removed within
thirty (30) days.
2. All junk and other debris must be removed within
thirty (30) days.
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
- 18-
Item III-F. 1.a.
PUBLIC HEARING
PLANNING ITEM # 30675
Attorney Patr~c~a Helfer, 621Lynnhaven Parkway, #405, Phone: 340-5800
Terry Painter, the applicant, responded to C~ty Council concerns, adv~szng the
tra~ler and other debris w~ll be removed.
Upon motion by Councilman Balko, seconded by V~ce Mayor Fentress, C~ty Council
ADOPTED an Ordinance upon applzcatzon of TERRY M. PAINTER for a Change ~n a
Non-Conforming Use:
Ordinance upon application of Terry M. Painter for
a change ~n a nonconforming use on property located
at 1702 Southern Boulevard. Sa~d parcel contains
22,604 square feet more or less. More detailed
· nformat~on ~s available ~n the Department of
Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. The construction tra~ler must be removed w~th~n
thzrty (30) days.
2. Ail junk and other debrzs must be removed w~th~n
thirty (30) days.
Voting: 10-0
Council Members Votzng Aye:
Albert W. Balko, John A. Baum, V~ce Mayor Robert E.
Fentress, Harold He~schober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker and W~ll~am D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
January 23, 1989
- 18 -
Item III-F.I.a.
PUBLIC HEARING
PLANNING ITEM # 30675
Attorney Patricia Helfer, 621 Lynnhaven Parlcway, #405, Phone: 340-5800
Terry Painter, the applicant, responded to City Council concerns, advising the
trailer and other debris will be removed.
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
ADOPTED an Ordinance upon application of TERRY M. PAINTER for a Change in a
Non-Conforming Use:
Ordinance upon application of Terry M. Painter for
a change in a nonconforming use on property located
at 1702 Southern Boulevard. Said parcel contains
22,604 square feet more or less. More detailed
information is available in the Department of
Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. The construction trailer must be removed within
thirty (30) days.
2. All junk and other debris must be removed within
thirty (30) days.
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 Absent:
John L. Perry
APPP,O,V)ED AS TO CONTp,4T@
SIGNAT,OkE
I)EPA#TMENT
APPROVED AS TO LEGAI.
SUFFICIENCY A@IL) Ff.,R,,i
CITY ATTORT,IFY
1 RESOLUTION AUTHORIZING THE CONVERSION
2 OF THE NONCONFORMING USE
3 LOCATED AT 1702 SOUTHERN BOULEVARD
4 PROPERTY OF TERRY M. PAINTER
5 WHEREAS, Terry M. Painter is the owlier of that certairi
6 parcel of land described as Parcel B, -1 (hereinafter the
7 "property") on that certain plat entitled "PHYSICAL SURVEY OF
8 PARCEL "B" AS SHOWN ON PLAT ENTITLED SURVEY OF PROPERTY PARCEL B
9 SUBDIVISION OF MILTON C. FP-RRELL-1, (hereinafter the "survey"), a
10 reduced copy of which is attached hereto as Exhibit "A;" and
11 WHEREAS, within the past two years, the property was used
12 for the inside and outside storage and repair of heavy industrial
13 equipment such as bulldozers, motor graders, pans, back-hoes,
14 front-end loaders, etc., which resulted in heavy traffic of
15 trucks, bulldozers and other large industrial equipnient; and
16 WHEREAS, the property owner desires to convert the property,
17 which is not currently in use, to a machilie shop within the
18 existing building as shown on the survey, for the repair of
19 various engine parts, wliich will limit traffic flow to employees
20 of the shop and light delivery trucks; and
21 WHEREAS, the prior use and proposed use do not conform to
22 the provisions of the City Zoning Ordinance because machinery
23 repair businesses are not allowed in the B-2, Cominuliity Business
24 District.
25 WHEREAS, pursuant to Section 105(e) of the City Zoilitig
26 ordinance, City Council may authorize the conversion of a
27 nonconforming use if Council firids that the use as coliverted is
28 equally appropriate or more appropriate to the zoning district
29 than is the existing tiolicoliforillity.
30 NOW, THEREFORE, BP- IT RESOLVED BY THE COUNCIL OF THE CITY OF
31 VIRGINIA BEACH, VIRGINIA:
32 That City Council hereby finds the conversion of the
33 nonconforming use of the nonconforming niactiine shop locat@d at
34 1702 Southern Boulevard, Virginia Beach, Virginia, as shown on
3 5 the attached Exhibit "A" , is equally appropriate or more
36 appropriate to the zotiirig district iii wliicti Lliey are located tilaii
37 is the existing prior nonconformity; and the City Council hereby
38 authorizes the conversion of the nonconforming use in the manner
39 shown on the attached Exhibit "A," provided extension of the use
40 complies with all building, site plan and other requirements of
41 the City of Virginia Beach.
42 Adopted by the Council of the City of Virginia Beach,
43 Virginia, oti the 23rd day of January 19 89.
44 /rcp
45 0'1/06/89
46 CA-03118
47 \ordin\noncode\painter.res
2
TERRY PAINTER
EXHIBIT "A"
M. $15511 0.25 C.
- 19 -
Item III-F.I.b.
PUBLIC HEARING
PLANNING ITEM # 30676
Senator Moody E. Stallings, represented the applicant
John Miller, 5625 Virginia Beach Boulevard, Phone: 473-8889, represented the
applicant
The following spoke in OPPOSITION:
Leroy Roberson, 254 Mayor Road, Phone: 497-5354
Naomi Lee, 267 Mayo Road, Phone: 497-5415
Upon motion by Counc-ilman Perry, seconded by Councilwoman McClanan, City
Council DENIED an Ordinance upon application of JOHN AND KATHERINE MILLER for a
change in a nonconforming use:
Ordinance upon application of John Miller for an
expansion of a nonconforming use on property
located at 5625 Virginia Beach Boulevard. Said
parcel contains 14,040 square feet. BAYSIDE
BOROUGH.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Mayor Meyera E. Oberndorf, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Vice Mayor Robert E. Fentress
Council Members Absent:
None
This application was MOVED to the last item on the PLANNING AGENDA as Senator
Stallings was DELAYED.
- 20 -
Item 111-F.l.c.
PUBLIC HEARING
PLANNING ITa@' # 30677
Upon i,.iotion by Couiicilworian @i'cClanan, seconded by Councilwoi,,ian Parker, City
Council ALLOWED WITIIDRAWAL of Ordina,-ice upon applicat4-on of CESS LIMITED for
the discontinuance, closure and abandonment of portions of Cason Aveiiue and
Bratten Street:
Ordinance upon application of -less Limited for the
discontinuance, closure and abandonpeiit of portions
of the following streets:
Cason Avenue: Beginning at the eastern boundary of
Seaboard Road and running in a northeasterly
direction a @istance of 1179.75 feet.
Bratten Street: Beginning at the soutliern boundary
of Cason Avenue and rtinning in a southerly
di-rection a dis@-ance of 50 feet.
Said parcels contain 1.4175 acres. Plats with Pore
detailed inforniation are available in the
Departr.ient of Planning. PRINCESS ANNE BOROUGFT.
Voting: 10-0
Council Members Voting Aye:
Albert W. Ball@o, John A. Baum, Vice Mayor Pobert E.
Fentress, ilarold fleischober, Barbara t,'. llenley, @@eba
S. @icclanan, Jolin D. 1,@oss, i@iayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessotis,
Jr.
Council @lembers Voting Nay:
None
Council Members Absent:
John L. Perry
- 21 -
Item III-F.I.d.
PUBLIC HEARING
PLANNING ITEM # 30678
Robert R. Nagle, 1613 Arrowhead Point, Phone: 464-2996, represented the
Arrowhead Point Residents and registered in OPPOSITION.
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ALLOWED WITHDRAWAL of an application of WILLIAM RICHARD COLJIER for a
Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots
created by subdivision to met all requirements of the City Zoning Ordinance.
Appeal from Decisions of Administrative Offices in
regard to certain elements of the Subdivision
Ordinance, Subdivision for William Richard Collier.
Property is located at the southeast corner of
Arrowhead Point and Arrowhead Point Court. Plats
with more detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. lienley, 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 Absent:
John L. Perry
- 22 -
Item 111-F.l.e.
PUBLIC HEARING
PLANNING ITEM # 30679
Tipton Sutton, Owner of L & B Body Shop, Inc., represented the applicant
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED an Ordinance upon application of TIPTON SUFTON, L & B BODY
SHOP, INC. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF TIPTON SUTTON, L & B
BODY SHOP, INC. FOR A CONDITIONAL USE PE@IIT FOR
MOTOR VEHICLE SALES AND SERVICE R01891196
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Tipton Sutton, L & B
Body Shop, Inc. for a Conditional Use Permit for
motor vehicle sales and service on the north side
of Virginia Beach Boulevard, 300 feet east of
Dor8et Avenue. Said parcel is located at 5004
Virginia Beach Boulevard and contains 1.2 acres.
Y,F44PSWI@F. BOROUGii. BAYSIDE BOROUGH.I@
*Councilman Moss advised the application was in the BAYSIDE BOROUGH, not the
KEMSPVILLE BOROUGH.
The following condition shall be required:
1. The existing sign must be brought into compliance
with the new City sign ordinance.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
third day of January, Nineteen Hundred and Eighty-nine
Voting: 8-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Mayor
Meyera E. Oberndorf, @iancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan and John D. Moss
Council Members Absent:
John L. Perry
- 23 -
Item III-F.I.f.
PUBLIC HEARING
PLANNING ITFYI # 30680
Lyle Tatroe, 2605 Heston Road, represented the applicant. Lyle Tatroe
distributed photographs of the proposed application (Said photographs are
hereby made a part of the record.)
Upon motion by Councilwoman McClanan, seconded by Councilman Moss, City Council
DEF'ERRED until the City Council Meeting of February 27, 1989, an Ordinance upon
application of J.V.L ASSOCIATES for a Conditional Use Permit;
ORDINANCE UPON APPLICATTON OF J.V.L. ASSOCIATES, A
VIRGTNIA GENERAL PARTNERSHIP, FOR A CONDITIONAL USE
PERMIT FOR MTNT-WAREHOUSES
Ordinance upon application of J.V.L. Associates, a
Virginia General Partnership, for a Conditional Use
Permit for mini-warehouses an the west side of
Oceana Boulevard, 1100 feet south of Harpers Road.
Said parcel is located at 1251 Oceana Boulevard and
contains 1.9 acres. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
This DEFERRAL will enable submission one week prior to the City Council Meeting
of February 27, 1989, a revised Site Plan depicting Category VI landscaping
surrounding this entire area, as well as a rendering of the proposed buildings,
and agreement to direct the lighting inward.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice @layor Robert E.
Fentress, Harold Heischober, Barbara M. flenley, 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 Absent:
John L. Perry
- 24 -
Item III-F.I.g.
PUBLIC HEARING
PLANNING ITEM # 30681
The following spoke in SUPPORT of the application:
Attorney Charles M. Salle', 192 Ballard Court, Phone: 490-3000, represented the
applicant
George Carbonell, Regional Real Estate Director for Fairfield Inns in the
Middle Atlantic market (Marriott), represented the applicant.
S. Douglas Henkel, 621 Lynnhaven Parkway, Suite 101, Phone: 498-7323
Orange Oden, Jr., 4760 Euclid Road, Phone: 497-0302, sold property to
applicant
OPPOSTTION:
Gerald Devaris, 1 Columbus Center, President of the Central Business District
Association
Nonie Waller, 6900 Ocean Front, Phone: 425-5067, 499-8584, owner of La
Galleria (letter of opposition is hereby made a part of the record.)
Nick Economos, owner of the Virginia Beach Omni near Bonney Road and the
proposed Fairfield Tnn project.
Douglas E. Braun, 4908 Klamath Road, Phone: 499-2674, Vice President of the
Pocoliontas Village Civic League.
Ralph Bilger, 4908 Conestoga Road, Phone: 499-3396, President of the Pocohontas
Civic League.
Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008, represented himself.
Upon motion by Councilman Moss, seconded by Councilman Perry, City Council
ADOPTED an Ordinance upon application of MARRIOTT CORPORATION for a Conditional
Zoning Classification:
ORDINANCE UPON APPLICATION OF MARRIOTT CORPORATION
FOR A CONDITIONAL ZONING CLASSIFICATION FROM R-5D
to H-1 Z01891225
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Marriott Corporation
for a Conditional Zoning Classification from R-5D
Residential Duplex District to H-1 Hotel District
on the northwest side of Euclid Road, 500 feet more
or less southwest of Kellam Road. Said parcel is
located at 4764 Euclid Road and contains 2.67
acres. More detailed information is available in
the Department of Planning. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. The proposed median cut on Euclid Road, as shown on
the submitted site plan, shall be eliminated. The
configuration of this niedian opening is not
acceptable. Access will be addressed during
detailed site plan review.
2. The submitted landscape plan shall be eliminated
from the proffers. The plan lacks detail and
cannot be reviewed. The applicant's written
proffer adequately describes proposed landscaping
along the northern property line.
- 25 -
item
pUBLIC HEARING
pLANNING ITEM # 30681 (Continued)
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the CitY of Virginia Beach, Virginia, on the t
thir Nineteen Hundred and Eigh ine
Voting; 7-4
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice @layor Robert E.
Fentress, Harold Heischober, Reba S. McClanan, John
D. Moss and John L. Perry
Council Members Voting Nay:
Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy
K. Parker and William D. Sessoms, Jr.
Council Members Absent:
l@one
Councilman Perry ENTERED the Formal Session at 7:20 P.M.
ORANGE ODEU, JR.
MIRIAM K. ODEN
and
CARRY BATES
and
GREER PROPERTIES, INC.
TO (COVENANTS AND CONDITIONS)
CITY OF VIRGINIA BEACII,
a Municipal Corporation of
the Commonwealth of Virginia
TI[IS AGREEMENT, made this 13th day of Sept ember, 1988,
between ORANGE ODEN, JR., MIRIAM K. ODEN and CARRY BATES, and
GREER PROPERTIES, INC., @he contract purchaser, (collectively
the "Grantor") and CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Vir4inia, (hereinafter
referred to as the "Granteell);
WITNESSETII TIIAT
WHEREAS, the Grantor has initiated an amendment to the Zoning
Map of the City of Virginia Beach, Virginia, by petition of the
Grantor addressed to the Grantee, so as to change the
classification of the Grantor's property from R-5D, Residential
Duplex District, to H-1, Hotel District, on certain property (the
"Property") in Bayside Borough, in the City of virginia Beach,
Virginia, described on the attached Exhibit A.
WHEREAS, the Grantee's policy is to provide only for the
orderly development of land, for various purposes, including
commercial purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantor acknowledges that in order to prevent
incompatible land use certain reasonable conditions governing the
use of the Property, in addition to the regulations generally
applicable to land similarly -@oned 11-1, are required to cope with
the situation which the grantor's rezoning application gives rise
to; and
WIIEREAS, the Grantor has voluntarily proffered in writing, in
advance of and prior to the public hea.ring before the Grantee, as
a part of the proposed amendment to the Zoning Map, in addition
to the regulations provided for the H-1 zoning district of the
Zoning Ordinance, the following reasonable conditions related to
the physical development and operation of the Property to be
adopt,ed as a part of said amendment to the Zoning Map relative to
the Property, which have a reasonable relation to the use of the
Property as rezoned H-1 and the need for which is generated by
the rezoning; and
WHEREAS, said conditions having been proffered by the Grantor
and allowed and accepted by the Grantee as part of the amendment
to the Zoning Ordinance, such conditions shall continue.in full
force and effect until a subsequent amendment changes the zoning
on the Property; provided, however, that such conditions shall
continue despite a subsequent amendment if the subsequent
,amendment is part of a comprehensive implementation of a new or
substantially revised zoning ordinance, unless, notwithstanding
the foregoing, these conditions are amended or varied by written
2
instrument recorded in the Clerk's office of the Circuit Court of
the City of Virginia Beach, Virginia, and executed by the record
owner of the subject property at the time of recordation of such
instrument; provided, further, that said instrument is consented
to by the Grantee in writing as evidenced by a certified copy of
an ordinance or a resolution adopted by the governing body of the
Grantee, after a public hearing before the Grantee advertised
pursuant to the provisions of the Code of Virginia, Section 15.1-
431, which said ordinance or resolution shall be recorded along
with said instrument as conclusive evidence of such consent;
NOW, TI[EREFORE, the Grantor, for itself, its successors,
assigns, grantees, and other successors in title or interest,
voluhtarily and without any requirement by or exaction from the
Grantee or its governing body and without any element of
compulsion or quid pro quo for zoning, rezoning, site plan,
building permit, or subdivision approval, hereby makes the
following declaration of conditions and restrictions as to the
physical development and operati6n of the Property and governing
the use thereof and hereby covenants and agrees that this
declaration shall constitute covenants running with the said
Property, which shall be binding upon the Property and upon all
parties and persons claiming under or through the Grantor, his
heirs, personal representatives, assigns, grantees and other
successors in interest or title, namely:
3
1. Ttie Property shall be developed so as to substantially
adliere to tlie site plan designated "Stleet No. C-3, DIMENSION PLAN
MARRIOTT FAIRFIELD INN", prepared by Bernard Jolinsoli Incorporated
and dated October 1988, whicli plan has been exiiibited to the City
Council and is on file in the Department of Planning.
Notwithstanding tlie above, tlie inedian cut on Euclid Road sliall
not be a part of the site plan proffer and the approval of the
rezoning shall not obligate the city to approve the median cut.
2. There shall be a (20') foot landscaped buffer area along
tlie northern property line of the Property (tlie "Northern
Property Line") which contaiiis Category IV screening, iiicludilig
as a part thereof twenty-three (23) evergreen trees approximately
ten (.10) feet iii height at the time of planting.
3. A six foot privacy fence shall be constructed along the
Northern Property Line in accordance with City standards for
fences set forth in the Landscaping, Screening and Buffering
Specifications and Standards adopted by City Cotiiicil April IB,
1988.
4. Parking lot lighting shall be constructed so as to
prevent overwash onto the adjacent residential area along the
Northern Property Line (tlie "Residential Area") and flo parking
lot ligliting shall be constructed in the twenty foot buffer
area.
4
5. Any refuse dumpster located on tlie Property shall be
kept within a three sided, solid wall enclosure, tlie open end of
wliich sliall not face tlie adjaceilt flesidential Area. Tlie lieiglit
of the enclosure shall exceed the height of the dumpster.
6. Construction on the Property shall not include pile
driving.
7. The Grantor shall adhere to those best management
practices for controlling storm water run off wliich are
reasonably applicable to the development of tile Property.
8. No more than one hundred tllirty-four lodging units sliall
be constructed on the Property.
9. Ttiere shall be no restaurant or louiige on tlie Property.
'rhe Grantor coveiiants @ind agrees that tlie Zoning
Administrator of the City of Virginia Beacti, Virgiiiia, sliall be
vested with all necessary authority on belialf of tlie governing
body of tlie City of virginia Beach, virginia, to administer and
enforce ttie foregoing conditions, includitig (i) tlie orderiilg in
writing of the remedying of any noncompliance with such
conditions, and (ii) tlie bringing of legal actioti or suit to
insure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages or other appropriate
action, suit or proceedings. The failure to comply with all
conditions shall constitute cause to deny tlie issuance of tlie
required building or occupancy permits as may be appropriate. if
aggrieved by any decision of tlie Zoning Administrator made
5
purstiant to tbe provisions, the drantor shall Petition the
qovorning body for the review thareof prior to instituting
proceedings In court. Appropria ie symbols may be noted on the
zoning mop to indicate the exist nce of conditiona attaching to
the zoning of the Property. The ordinanco and the conditions may
be made readily availablq and aciessible for public inspection in
the OttiCe of the Zoning Admintat Irator anci in the Planning
Department and that they may'be rIecorded in the Clark0a offica of
the Circuit Court of the City of,virginia Beac!h, Virginia, and
lndeXed in thQ name of the Granto!r and Grantee.
WITNESS the following signatu tes and seals.
(SEAL)
(SEAL)
Mtr ni K.
(SEAL)
carry Bates
ATTEST: GREER PROPERTIES, INC.
By
Vice I)i C-3id- t
t
6
STATE OF VIRGINIA
CITY OF VIRGINIA BEACII, to-wit:
I, I 'n- - the undersigned, a Notar@,
P@iblic d f.@h@Cbi t-;'It(,. clo lierel,,y certif,,,
tllat ORANGE ODEII, JR. and MIIZTAM K. OI)T:14, wlioe-.e iil,C- Si(JI)E.(l
to the foregoing instrumeiit bearitig (late oti tlie 13th day ot
September, 1988, have acknowl.edged tlie --ame before me iii niy C-ity
and State aforesaid.
GIVEN under my hand and seal this day of -T
Notary Public
My Commission expires:
STATt OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, ftILl,b , th. undersigned, a Notary
Public in and for the City and State aforesaid, do hereby certify
that CAP-RY BATES, whose name is signed to the foregoing
instrument bearing date on the 13th of September, 1988, has
acknowledged the same before me in my City-and State aforesaid.
GIVEN under my hand and seal this day of
Notary Public
My commission expires:
7
S-1-Al-P OF KANYI,ANr)
@,oN,i,GomF,tzy cotii4,ry, to-wit-
f, Mii-troon A. Keeiizin, tlic undersigile(l, It t4c)ttry i)ubltc iii and
for tt)e CoLinty alid @,t,,it6 iforesltd, do lieret)y certify ttiat
stprlijiq 1). Coltoil aiii I)aiiiet J. Per,ka, Preq!@ielit all(A. Assistant
Secretary, respectively; Of ctsRlli;@R PROIIER'FiEd, l@1C., wliose names
9 tnstrliment bear@ng date on the 13tti
are sigiied to tile forego n
day of Septeriiber, l988,,h6Lve acknowledcjed the sanie before me in
my Coutity and Stat-e aforesaicl.
Given titi(ler my liand and se@il this 12th day of January,
1989.
t4y Commission Exl)ires: July 1, 1990
cmso9l58/vntg/COM
Parcel II
Ail that certain lot, piece or parcel of land situate
in the City of Virginia Beach, Virginia, and being
described as follows:
Beginning at a point on. the Northerly side of CrJl'l in
Drive, 474 feet (as measured along the northerly s~de
of Griffin Drive) east of llolland Swamp Road, which
point is in the Easterly line of the property now or
formerly belonging to Amos Dodson, and along the
center line of a ditch, 557.5' to the southern line
of the property now or formerly belonging to Helen
Oxford 162.5' to a point; thence S. 37 deg. 30' E.
10' to a pin; thence continuing the same course
512.5' to the Northern side of Griffin Drive; thence
S. 61 deg. 45' W. along the North line of Griffin
Drive 156' to the point of beginning.
Less and Except that portion conveyed to the
Commonwealth of Virginia as recorded in the Office of
the Clerk of the Circuit Court of the above City in
Deed Book 855, at Page 683.
It being the same property conveyed to Carry Bates,
by Deed from Roland Griffin and Bernice Griffin,
husband and wife, dated April 16, 1959, recorded
December 9, 1959, in the above Clerk's office in Deed
Book 613, at Page 433.
CMSl1287/ckd/REL
- 2 -
- 26 -
Item III-F.l.g.(a)
ANNOUNCEMENT
ITM~ # 30682
ADD-ON
Mayor Oberndorf RECOGNIZED Scout Troop 401 and their Scoutmaster Fred Chatty,
sponsored by the Br~gadoon C~v~c League,
Scout Troop 401 was ~n attendance to earn their c~t~zensh~p merit badge.
January 23, 1989
- 27 -
Item III-F. 1.h.
PUBLIC HEARING
PLANNING
IT~ # 30683
John D. Padgett, 729 South Leaf Dr~ve, Phone: 467-3379, represented the
applicant. The parcel will be developed tnto 19-1/2 acre lots targeted for all
businesses. John D. Padgett advtsed revtsed proffers have been submitted and
approved as to legal form. The developer, Arnette Associates II, has agreed
to complete all of the r~ght-of-way tmprovements set forth ~n the letter from
Rouse, Cutr~ght & Associates, P.C. dated December 1, 1988 (Satd letters are
hereby made a part of the record.)
W~lltam Smith, 2505 Olymptc Court, Vtce Prestdent of the Lake Plac~d C~vtc
League, and representative of the Sandbrtdge/Courthouse Coaltt~on of C~v~c
Leagues, spoke tn OPPOSITION.
Upon motion by Counctlman Baum, seconded by Councilman Perry, Ctty Counctl
ADOPTED Ordinances upon applicatton of SHIPPS CORNER NURSERY COMPANY for
Changes of Zoning:
ORDINANCE UPON APPLICATION OF SHIPPS CORNER NURSERY
COMPANY FOR A CHANGE OF ZONING FROM AG-1 TO 1-2
Z01891226
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon appl~catton of Shtpps Corner Nursery
Company for a Change of Zoning D~str~ct
Classtftcation from AG-1 Agrtcultural D~strtct to
I-1 Heavy Industrtal Dmstr~ct on certain property
located 600 feet north of Shtpps Corner Road, 530
feet more or less east of London Brmdge Road. Satd
parcel contatns 1.566 acres more or less. More
detailed ~nformatton ts avatlable tn the Department
of Planning. PRINCESS ANNE BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF SHIPPS CORNER NURSERY
COMPANY FOR A CHANGE OF ZONING FROM AG-2 TO I-2
Z01891227
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Shtpps Corner Nursery
Company for a Change of Zontng D~str~ct
Class~f~catton from AG-2 Agrtcultural D~str~ct to
I-2 Heavy Industrzal D~str~ct on certazn property
located on the north stde of Sh~pps Corner Road,
250 feet east of London Brtdge Road. Sa~d parcel
contains 13.179 acres more or less. More detailed
tnformatton ts available ~n the Department of
Planntng. PRINCESS ANNE BOROUGH.
The following condition shall be required:
1. The declaratton of covenants, restrictions and
cond~ttons shall be recorded ~n the Clerk's Off~ce
of the Ctrcu~t Court of the Czty of Vzrgtn~a Beach
and ts hereby made a part of the proceedings.
January 23, 1989
ARNETTE ASSOCIATES, II, a Virginia General Partnership
TO: (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH
THIS DECLARATION OF COVENANTS, RESTRICTIONS AND
CONDITIONS, made this ~ day of December, 1988, by and
--
between ARNETTE ASSOCIATES, II, a Virginia General Partnership,
(hereinafter referred to as Grantor), and the CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia
(hereinafter referred to as Grantee);
WITNE$SETH:
WHEREAS, the Grantor has initiated an amendment to the
Zoning Map of the City of Virginia Beach, Virginia by petition
of the Grantor addressed to the Grantee, so as to change the
zoning classification of the Grantor's property which is more
fully described in Exhibit A, which is attached hereto and
made a part hereof by reference (hereinafter referred to as
Grantor's Property), a portion containing 1.566 acres, more or
less, such portion located approximately 600 feet, more or
less, north of Shipps Corner Road and 530 feet, more or less,
east of London Bridge Road, said portion to be changed from an
AG-1 Agricultural District to an I-2 Heavy Industrial District,
and the remainder of the Grantor's Property consisting of
13.179 acres, more or less, said portion of Grantor's Property
being located 250 feet east of London Bridge Road, to be
changed from an AG-2 AgricUltural District to an I-2 Heavy
Industrial District, both parcels constituting all of Grantor's
Property; and
WHEREAS, the Grantee's policy is to provide only for the
orderly development of land for various purposes, including
residential ard limited commercial purposes, through zoning and
other land development legislation; and
WHEREAS, the Grantor acknowledges that the competing and
sometimes incompatible uses conflict and that in order to
permit differing uses on and in the area of the Grantor's
Property and at the same time to recognize the effects of the
change, and the need for various types of use~, including
limited commercial uses, certain reasox]ab]e conditions
governing the use of the Grantor's property for the protection
·
of the community that are not generally applicable to land
similarly zoned I-2 are needed in order to cope with the
situation which the Grantor's rezoning application gives rise
to; and
WHEREAS, the Grantor has voluntarily proffered in
-
writing in advance of and prior to the public hearing before
the Grantee, as a part of the proposed amendment to the Zoning
Map, in addition to the regulations provided for in the I-2
zoning district by the Comprehensive Zoning Ordinance, the
following reasonable conditions related to the physical
development and operation of Grantor's Property to be adopted
as a part of the amendment to the Zoning Map relative to
Grantor's Property, which has a reasonable relation to the
rezoning and the need for which is generated by the rezoning;
and .
WHEREAS, said conditions having been proffered by the
Grantor and allowed and accepted by the Grantee as part of the
amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment
changes the zoning on the Grantor's Property; provided,
however, that such conditions shall continue despite a
subsequent amendment if the subsequent amendment is part of the
comprehensive implementation of a new or substantially revised
zoning ordinance, unless, notwithstanding the foregoing, these
conditions are amended or varied by written instrument recorded
in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and executed by the record owner of
the Grantor's Property at the time of recordation of such
instrument; provided, further, that such instrument is
consented to by the Grantee in writing as evidenced by a
certified copy of an ordinance or resolution adopted by the
2
governing body of the Grantee, after a public hearing before
the Grantee advertised pursuant to the provisions of Code.of
Virqin!~, Section 15.1-431, which said ordinance or resolution
shall be recorded along with such instrument as conclusive
evidence of such consent;
NOW, THEREFORE, the Grantor, for himself, his heirs,
personal representatives, assigns, tenants, grantees, and other
successors in title or interest, voluntarily and without any
requirement by or exaction from the Grantee or its governing
body and without any element of compulsion or quid pro quo for
zoning, use permit, rezoning, site plan, building permit, or
subdivision approval, hereby makes the following declaration of
conditions, covenants, and restrictions as to the physical
development and operation of the property and governing the use
thereof and hereby declares that they shall be covenants and
equitable servitudes running with the property, which shall be
binding upon the property and upon all parties and persons
claiming under, b~ or through the Grantor, their successors and
assigns, tenants, grantees and other successors in interest or
title, namely:
Grantor hereby agrees to dedicate to the Grantee an 85'
scenic buffer running eastward along the western rear lot line
of Grantor's Property which abuts West Neck Creek. The scenic
easement shall be left in its natural state, except for changes
mandated or work required by governmental authorities in
connection with the development of the Property into industrial
use. The said buffer shall be shown on the subdivision plats
to be recorded by the Grantor and shall be deeded to the City
at the time of plat recordation. The dedication of the 85'
buffer herein contemplated shall not be negated or affected in
any way by reason of the Grantor's failure or refusal to
subdivide the property. Notwithstanding the foregoing, the
Grantor hereby reserves the right to any drainage easements
over, along or through the said 85' buffer that may be
n,~cessary for the industrial development of the Property or
required by any City agency in connection with the development
of the Property.
All access to the Property shall be by way of London
Bridge Road and a one (1) foot no ingress-egress easement shall
be dedicated to the Grantee along the southern Property line,
which runs adjacent to Shlpps Corner Road on the express
condition that the City of Virginia Beach approves or could
approve a subdivision plat which allows Grantor to subdivide
the Property into at least fifteen (15) lots which conform with
all relevant City ordinances, and which allows for ingress-
egress onto London Bridge Boulevard. In the event, Grantor
dedicates a one (1) foot no ingress-egress easement to the
Grantee along the southern Property line pursuant to this
proffer, then the Grantor shall reserve a temporary
construction easement providing ingress and egress from Shipps
Corner Road for the express purpose of development and
construction on the Property and the temporary construction
·
easement shall terminate upon the completion of the
construction and development of the Property.
The Grantor shall develop the Property so that all
lighting shall be directed toward the interior of the
development. The entrance way shall consist of one (1) three
(3) foot by twelve (12) foot rectangular sign on each side of
the public right of way. One sign shall display the project's
name and the other sign shall serve as a directory. The sign
shall be placed on a berm which shall be no taller than four
(4) feet from grade at its highest point. Grade shall be
defined as the average level of the public street on which the
entrance way abuts. Ground cover below the sign shall consist
of low rise juniper and monkey grass. The Grantor shall, also,
plant at least two (2) birch trees no smaller than five (5)
feet tall on each side of the public right of way.
The Grantor shall restrict each subdivided industrial
lot to .one (1) ground-mounted, free-standing sign, with the
content of the sign limited to the identification of the
product or services sold or produced and the name and address
of the establishment. The ground-mounted signs shall be no
more than a two-faced sign, no larger than forty (40) square
feet per face and no taller than six (6) feet from grade at its
highest point. Grade shall be defined as the average level of
the public street on which the subdivided industrial lot in
question abuts.
The Grantor shall reserve a fifteen (15) foot buffer
along the southern Property line which runs adjacent to Shipps
Corner Road. The buffer shall be left in its natural state and
constitute a no clear zone except for clearing mandated by
governmental authorities in connection with the development of
the Property into industrial use, or that necessary for
Grantor's ingress-egress in the event the Grantee does not or
could not approve a subdivision plat which allows the Grantor
to subdivide the property into fifteen (15) industrial lots
and/or provides access to the property from London Bridge Road.
The Grantor and/or assigns, reserves the right to remove any
dead or dying tree which presents a threat to property or life.
The Grantor, and all parties and persons claiming under,
or through the Grantor, its personal representatives, assigns,
grantees and other successors in interest or title, will not
use the Property for the following purposes, to-wit:
1. Airports;
2. Manufacturing, storage and distribution of
explosives;
3. Facilities for construction, maintenance and
on-site repair of commercial vessels;
4. Piers, wharves and docks;
5. Military Installations (not including civilian
support uses)
6. Storage of salvage, scrap or junk
7. Ship supply establishments and facilities
8. Terminals for freight or passengers arriving or
departing by ship.
The following conditions and restrictions related to the
use of the Property shall be enforceable by either the Grantor
or the Grantee, unless otherwise indicated, to-wit:
1. No building, fence, sign or other structure shall
be erected, placed, -or altered, nor shall a building permit for
such improvement be applied for on the Property until the
proposed building plans, specifications, exterior color or
finish, plot plan (showing the proposed location of such
building or structure, drives, and parking areas), and the
landscaping plan has been approved in writing by the Grantor.
This provision shall only be enforceable by the Grantor and
Grantee shall have no ability to review or approve the
building plans, specifications, exterior color or finish, plot
plan or landscaping, except as necessary to enforce other
express terms and conditions of this agreement
'
2. The Grantor shall not approve any building plan
which does not provide for brick veneer or some form of
architectural brick on the portion of the building which front~
the public right of way.
3. The Grantor shall not approve any plot plan on a
lot consisting of thirty thousand (30,000), or less, square
feet, which provides for the parking of automobiles or other
vehicles along the front of the building and along the curb
adjacent to the public right of way.
4. Prior to the issuance of an occupancy permit for
any lot, there shall be construed on such lot an eight foot
high chain link fence along the portion of the Property which
is adjacent to the eighty-five foot (85') scenic easement which
shall run eastward along the western rear lot line of Grantor's
Property which abuts West Neck Creek, and the portion of the
Property which is adjacent to the fifteen foot (15') buffer
along the southern Property line which runs adjacent to Shipps
Corner Road. In each instance, the chain link fence shall
consist of the same material and design and to the extent
possible shall be from the same manufacturer, so as to achieve
a uniform appearance.
5. Prior to the issuance of an Occupancy Permit for
any lot, landscaping shall be planted within a portion of the
30' front set back area on such lot. The landscaping shall
consist of Japanese Hollies in groupings of twos and threes
ranging from eighteen (18) inches to thirty-six (36) inches
high at the time of planting. Each lot shall have at least
three (3) groupings of Japanese Hollies and no more than five
(5) groupings of Japanese Hollies. The ground cover shall be
pompous grass planted as required to obtain good visual
coverage. Hardwood mulch shall be installed between plantings
to a depth of approximately four (4) inches, or as required to
obtain a continuous bedding effect. In the event a parking lot
is constructed within the thirty foot (30 foot) setback line,
then any and all landscaping shall conform to any applicable
landscaping ordinance which relates to parking areas.
6. Prior to the issuance of an Occupancy Permit for
any lot, spreading junipers or similar Class I plantings as
defined in the Comprehensive Zoning Ordinance of the City of
Virginia Beach, Virginia in effect on the date of this proffer,
shall be planted in groups of threes and fours, or as necessary
to provide additional screening for Shipps Corner Road and West
Neck Creek, along any portion of the Property which is adjacent
to the eighty-five foot (85') scenic easement which shall run
eastward along the western rear lot line of Grantor's property
which abuts West Neck Creek, and the portion of the Property
which is adjacent to the fifteen foot (15') buffer along the
southern Property line which runs adjacent to Shipps Corner
Road.
All references herein to the A-i, A-2 and I-2 Districts
and to the requirements and regulations applicable thereto
refer to the Comprehensive Zening Ordinance of the City of
Virginia Beach, Virginia, in force as of June 30, 1988, which
is by this reference incorporated herein.
The Grantor covenants and agrees that (1) the Zoning
Administrator of the City of virginia Beach, Virginia shall be
vested with all necessary authority on behalf of the governing
body of the City of Virginia Beach, Virginia, to administer and
enforce the foregoing conditions, covenants and restrictions,
including (i) the ordering in writing of the remedying of any
noncompliance with such conditions, and (ii) the bringing of
legal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunctions, abatement,
damages or other appropriate action, suit or proceedings; (2)
the failure to meet all conditions shall constitute cause to
deny th~ issuance of any of the required building or occupancy
permits as may be appropriate; (3) if aggrieved by any decision
of the Zoning Administrator made pursuant to the provisions of
this agreement, the Grantor shall petition to the governing
body for the review thereof prior to instituting proceedings in
court; and (4) the Zoning Map may show by an appropriate symbol
on the map the existence of conditions attaching to the zoning
of the property on the Map and that the ordinance and the
conditions may be made readily available and accessible .for
public inspection in the office of the Zoning Administrator and
in the Planning Department and that they shall be recorded in
the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, and indexed in the name of the Grantor and
Grantee.
WITNESS the following signature and seal.
ARNETTE ASSOCIATES, II
a Virginia general partnership
B G. Arnette,
Managing General Partner
STATE OF VIRGINI,A.
CITY OF ~/,,,~..,~ ]~,.~,D ~ , to-wit:
I . ~/.- _-- ,,-t~ , a Notary Public in and
for the ~,~ of Virgini~.'~t Lar~e, do hereby certify that
8
EXHIBIT A
Ail that certain piece or parcel of land situate in the
Princess Anne Borough of the City of Virginia Beach, Virginia
containing 14.745 acres, more or less, and being more
particularly described as follows:
BEGINNING at a point marked by a steel pin in the northerly
right-of-way line of Shipps Corner Road, the intersection of
lands owned by the Estate of Lannie Widgeon and Roger H. Sawyer
and J. Beverley Sawyer, said point having coordinates
N176,500.765,E2,711,835.580 based upon the Virginia State Plane
Coordinate System, South Zone; thence leaving said point and
running along the northerly right-of-way line of Shipps Corner
Road the following three courses and distances: thence N 60
degrees 30' 31" W, 258.05 feet to a point marked by a steel
pin; thence turning on a curve to the right having a radius of
5,000.00 feet, a chord bearing of N 59 degrees 17' 23" W, and a
chord length of 212.72 feet to a point marked by a steel pin;
thence N 58 degrees 04' 15" w, 107.04 feet to a point; thence
turning on the dividing line of lands owned by Cardinal
Estates, Inc. and Roger H. Sawyer and J. Beverley Sawyer N 02
degrees 41' 30" E, 211.46 feet to a point in a canal; thence
continuing N 11 degrees 27' 23" W, 102.24 feet to a point;
thence N 12 degrees 48' 33" W, 602.94 feet to a point at the
intersection of lands owned by Cardinal Estates, Inc. and Roger
H. Sawyer and J. Beverley Sawyer and the Estate of Lannie
Widgeon; thence turning along the dividing line of lands owned
by the Estate of Lannie Widgeon and Roger H. Sawyer and J.
Beverley Sawyer the following four courses and distances:
thence S 89 degrees 15' 52" E, 740.61 feet to a point marked by
an old pin; thence turning on a course of S 01 degrees 50' 27"
W, 607.60 feet to a point marked by an old pin; thence turning
on a course of S 05 degrees 59' 07" w, 180.29 feet to a point
marked by an old pin; thence turning on a course of S 08
degrees 36' 07" W, 400.05 feet to the POINT OF BEGINNING
containing 14.745 acres, more or less, and shown on Atlantic
Division, Naval Facilities Engineering Command, Drawing No.
4,051,993, approved November 9, 1979, entitled, "BOUNDARY LINE
SURVEY OF ARAGONA ENTERPRISES, INC., IRA G. SELLERS & VIRGINIA
M. SELLERS, MARY FRANCES BROWN & WILSON DRIVER WIDGEON, ESTATE
OF LANNIE WIDGEON, MOULINEX MANUFACTURING, INC., ROGER H.
SAWYER & J. BEVERLEY SAWYER, CARDINAL ESTATES, INC., DUNCAN &
HALLER CONSTRUCTION COMPANY, CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY, HEY'DI AMERICAN CORP., JOSEPH W. WHITE & LOIS P.
WHITE, PROPERTIES FOR AREA 2 (P-999), RESTRICTIVE EASEMENT FY
80, NAVAL AIR STATIONS OCEANA, PRINCESS ANNE BOROUGH, VIRGINIA
BEACH, VIRGINIA", recorded in Map Book 147, page 53.
10
Bobby G. Arnette, whose name is signed as General Partner of
Arnette Associates, II, a Virginia general partnership, to the
foregoing instrument bearing date on the ~ day of
December, 1988, has acknowledged the same before me in the
city and state aforesaid.
Given under my hand this
day of December, 1988.
NO~RY
- 29 -
Item III-F.I.~.
PUBLIC HEARING
PLANNING
ITEM # 30684
Upon motmon by Councmlwoman McClanan, seconded by Councmlman Heischober, Cmty
Councml DEFERRED smxty (60) days untml the Cmty Councml Meetmng of March 27,
1989, an Ordinance upon appl~catmon of SUSAN ZOB¥ for a Cond~tmonal Use Permit:
ORDINANCE UPON APPLICATION OF SUSAN ZOBY FOR A
CONDITIONAL USE PERMIT FOR BOARDING HORSES
Ordmnance upon applmcatmon of Susan Zoby for a
Condmtmonal Use Permmt for boarding horses on
property located 900 feet south of Seaboard Road,
2200 feet more or less west of Prmncess Anne Road.
Samd parcel ~s located at 2997 Seaboard Road and
contamns 60 acres. Plats wmth more detamled
mnformat~on are avamlable mn the Department of
Plannmng. PRINCESS ANNE BOROUGH.
Votmng: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, V~ce Mayor Robert E.
Fentress, Harold He~schober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker and W~ll~am D. Sessoms,
Jr.
Council Members Votmng Nay:
None
Councml Members Absent:
John L. Perry
Thms ~tem was BROUGHT FORWARD prior to the CONSENT AGENDA.
January 23, 1989
- 30 -
Item III-F.l.l.
PUBLIC HEARING
PLANNING
ITEM # 30685
Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant. Attorney Cromwell d~str~buted letters ~n support of the
application, as well as a s~te plan. (Sazd ~nformat~on ms hereby made a part
of the record.)
Mr. Joseph David Pratt, Structural Engineer, also represented the applicant
Norman H. Johnson, III, 2912 Cher~e Dr~ve, Phone: 468-0739, adjacent resident
spoke ~n favor of the applmcat~on
A motion was made by Councilwoman McClanan, seconded by Councilman Moss to DENY
an Ordinance upon application of NORMAN GLADDEN, JR. for a Conditional Use
Permit for a recreatmonal facility other than that of an outdoor nature
(shooting range) on Lot A-8, Lynnhaven Square (2664 L~shelle Place), contamnmng
1.02 acres (PRINCESS ANNE BOROUGH.
Upon SUBSTITUTE MOTION by V~ce Mayor Fentress, seconded by Councilman Sessoms,
Czty Counczl ADOPTED an Ordznance upon applzcation of NORMAN GLADDEN, JR., for
a Conditional Use Permzt:
ORDINANCE UPON APPLICATION OF NORMAN GLADDEN, JR.,
FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL
FACILITY OTHER THAN THAT OF AN OUTDOOR NATURE
(SHOOTING RANGE) RO1891197
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Norman Gladden, Jr.,
for a Conditional Use Permit for a recreatzonal
facility other than that of an outdoor nature
(shooting range) on Lot A-8, Lynnhaven Square. Samd
parcel ~s located at 2664 L~shelle Place and
contains 1.02 acres. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. Hours of operatzons shall be l~m~ted to 9:30 a.m.
to 9:30 p.m. Monday through Friday and 9:30 a.m. to
6:00 p.m. Saturdays and Sundays.
2. The facility may be opened at 8:00 a.m. for State,
Federal or local security forces.
3. No~se attenuation shall be subject to scrutiny to
· nhzb~t ~t from bemng an unreasonable public
nuisance.
Th~s Ordinance shall be effectzve upon the date of adoption.
Adopted by the Council of the C~ty of Vmrg~n~a Beach, V~rg~n~a, on the Twenty-
thzrd day of January~ N~neteen Hundred and E~ghty-n~ne
January 23, 1989
- 31 -
Item III-F.1. ]..
PUBLIC HEARING
PLANNING
ITEM # 30685 (Continued)
Voting: 7-4
Council Members Voting Aye:
Albert W. Balko, John A. Baum, V~ce Mayor Robert E.
Fentress, Harold He~schober, Mayor Meyera E.
Oberndorf, John L. Perry and W~ll~am D. Sessoms, Jr.
Council Members Voting Nay:
Barbara M. Henley, Reba S. McClanan, John D. Moss,
and Nancy K. Parker
Council Members Absent:
None
January 23, 1989
- 32 -
Item III-F.l.k.
PUBLIC HEARING
PLANNING
ITEM # 30686
Attorney Joe Lyle, 2628 North Landing Road, Phone: 490-6000, represented the
applicant
Sterling Webster, the applicant, represented h~mself
OPPOSITION:
Senator Moody E. Stallmngs, represented the residents of L~ttle Neck
W~ll~am F. Perdue, 1017 Staceywood Court, Phone: 340-6328
W~ll~am T. Deeks, 1075 L~ttle Neck Road, Phone: 486-6759
Ingr~d Tant, 1009 Staceywood Court, Phone: 463-0523
Marcelene M. Schweleger, 1001Stacey Wood Court, Phone: 340-4580
E. R. Creekmore, 1123 L~ttle Neck Road, Phone: 463-2503
Upon motmon by Councilman Balko, seconded by V~ce Mayor Fentress, C~ty Councml
APPROVED the application of STERLING F. WEBSTER for a Variance to Section
4.4(d) of the Subd~vms~on Ordinance which requires all lots created by
subd~v~smon meet all requirements of the C~ty Zoning Ordinance.
Appeal from Decisions of Administrative Offices mn
regard to certain elements of the Subdivision
Ordznance, Subdmvzs~on for Sterling F. Webster.
Property ms located 740 feet more or less southwest
of L~ttle Neck Road beginning at a point 380 feet
more or less east of Briarwood Point. Plats with
more detamled ~nformat~on are avamlable ~n the
Department of Planning. LYNNHAVEN BOROUGH.
Voting: 6-5
Counczl Members Voting Aye:
Albert W. Balko, John A. Baum, V~ce Mayor Robert E.
Fentress, Harold He~schober, John L. Perry and
Wmllmam 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
January 23, 1989
- 33-
Item III-F. 1.1.
PUBLIC HEARING
ITF24 # 30687
PLANNING
Attorney Charles M. Salle', 192 Ballard Court, Phone: 490-3000, represented the
applzcant. Attorney Salle' advised the applicant has agreed to eliminate the
car wash and ~nstall a r~ght-turn lane on Seaboard Road and a rzght-turn lane
on Princess Anne Road.
Upon motxon by Councxlwoman McClanan, seconded by Councxlwoman Henley, Cxty
Council DENIED Ordinances upon appl~catxon of AMOCO OIL COMPANY for a Change of
Zoning and Cond~txonal Use Permxt:
AND,
ORDINANCE UPON APPLICATION Of AMOCO OIL COMPANY FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
AG-2 TO B-2
Ordxnance upon applxcatxon of Amoco 0~1 Company for
a Change of Zonxng D~strxct Classxfxcatxon from
AG-2 Agrxcultural D~strxct to B-2 Communxty
Bus~ness Dxstr~ct on the east s~de of Seaboard Road
begxnn~ng at a poxnt 120 feet more or less south of
Prxncess Anne Road. Sa~d parcel ~s located at 2404
Seaboard Road and contaxns 28,917 square feet.
Plats w~th more detailed ~nformat~on are available
· n the Department of Planning. PRINCESS ANNE
BOROUGH.
ORDINANCE UPON APPLICATION OF AMOCO OIL COMPANY FOR
A CONDITIONAL USE PERMIT FOR A GAS STATION AND CAR
WASH IN CONJUNCTION WITH A CONVENIENCE STORE ON
CERTAIN PROPERTY
Ordxnance upon application of Amoco O~1 Company for
a Conditional Use Permxt for a gas statxon and car
wash ~n conjunction w~th a convenience store on
certaxn property located at the southeast corner of
Seaboard Road and Princess Anne Road. Sa~d parcel
contaxns 43,200 square feet. Plats wxth more
detailed ~nformat~on are available ~n the
Department of Planning. PRINCESS ANNE BOROUGH.
Voting: 10-1
Councxl Members Votxng Aye:
Albert W. Balko, John A. Baum, Vxce Mayor Robert E.
Fentress, Harold Hexschober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker and Wxllxam D. Sessoms,
Jr.
Council Members Votxng Nay:
John L. Perry
Councxl Members Absent:
None
January 23, 1989
- 34-
Item III-F.l.m.
PUBLIC HEARING
ITEM # 30688
PLANNING
W~nston G. Sn~der, represented the applicant
Herbert D. Smith, the applicant, represented h~mself
W~ll~am Smith, 2505 01ymp~c Court, represented the Lake Plac~d C~v~c League,
and spoke ~n opposition.
A motmon was made by Councilwoman McClanan, seconded by Councilman Baum to DENY
Ordinances upon application of MILDRED LUCILLE REID and HERBERT D. SMITH for
Changes of Zonmng Dzstr~ct Classification, on the South s~de of London Bridge
Road, 1700 feet more or less East of Sh~pps Corner Road (1417 London Bridge
Road) (1417 London Bridge Road) (PRINCESS ANNE BOROUGH): From AG-1 Agricultural
D~str~ct to I-1L~ght Industrial D~str~ct, parcel containing 1.214 acres; AND,
From AG-2 Agricultural D~str~ct to I-1 L~ght Industrial D~str~ct, parcel
containing 2.524 acres.
Votzng: 5-6 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
John A. Baum, Harold He~schober, Reba S. McClanan,
Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Votmng Nay:
Albert W. Balko, V~ce Mayor Robert E. Fentress,
Barbara M. Henley, John D. Moss, John L. Perry and
W~ll~am D. Sessoms, Jr.
Council Members Absent:
None
January 23, 1989
- 35 -
Item III-F.l.m.
PUBLIC HEARING
ITEM # 30688 (Contmnued)
PLANNING
Upon motmon by Councmlman Sessoms, seconded by Councmlman Perry, Cmty Councml
ADOPTED Ordmnances upon applmcatmon of MILDRED LUCILLE REID and ~RBERT D.
SMITH for Changes of Zonmng:
ORDi~ANCE UPO?] APPLICATION OF MILDRED LUCILLE REID
AND HERBERT D. SMITH FOR A CHAUGE OF ZONING
DISTRICT ~LASSIFICAIION FROM AG-1 TO I-1 Z01891228
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEAC}], VIRGINIA
Ordmnance upon applmcat~on of Mmldred Lucmlle Remd
and Herbert D. Smmth for a Change of Zonmng
Dmstrmct Classmfmcatmon from AG-1 Agrmcultural
Dmstrmct to I-1Lmght Industrmal Dzstrmct 600 feet
south of London Brmdge Road, 1700 feet more or less
east of Shmpps Corner Road. Samd parcel ms located
at 1417 London Brmdge Road and contazns 1.214
acres. Plats w~th more detamled mnformatton are
avamlable mn the Department of Plannmng. PRINCESS
ANNE BOROUGtl.
AND,
ORDINANCE UPON APPLICATION OF MILDRED LUCILLE REiD
AND HERBERT D. SMITH FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM AG-2 TO I-1 Z01891229
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA
Ordmnance upon applmcat~_on of ~%zldred Lucmlle Remd
and Herbert D. Smmth for a Change of Zoning
Dmstrmct Classmfzcatmon from AG-2 Agrmcultural
Dlstrmct to I-1 Lzght Industrmal Dmstrmct on the
south smde of London Brmdge Road, 1700 feet more or
less east of Sh~pps Corner Road. Samd parcel ms
located at 1417 London Brmdge Road and contamns
2.524 acres. Plats wmth more detamled mnformatmon
are avamlable mn the Department of Plannmng.
PRINCESS ANNE BOROUGH.
These Ordmnances shall be effectmve upon the date of adoptmon.
Adopted by the Councnl of the Cmty of Vmrg~nma Beach, Vmrgmnma, on the Twenty-
third day of January, Nmneteen Hundred and E~ghty-nmne
January 23, 1989
- 36 -
Item III-F.l.m.
PUBLIC HEARING
ITEM # 30688 (Continued)
PLANNING
Votzng: 8-3
Council Members Voting Aye:
Albert W. Balko, John A. Baum, V~ce Mayor Robert E.
Fentress, Harold Hemschober, Barbara M. Henley, John
D. Moss, John L. Perry and Wzllzam D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy
K. Parker
Council Members Absent:
None
January 23, 1989
- 37 -
Item III-F.l.n.
PUBLIC HEARING
ITEM # 30689
PLANNING
Helen Swan, 2989 West G~bbs Road, Phone: 421-3492, represented the applicant.
A MOTION was made by Councilman Baum, seconded by Councilwoman Henley to DENY
Applications of JOHN W. SWAN (2893 West Gibbs Road) (BLACKWATER BOROUGH):
Variance to Section 4.4(b) of the Subdlvzs~on Ordinance which requires all lots
created by subdivision meet all requirements of the C~ty Zoning Ordinance;
Conditional Use Permit for a single-family dwelling ~n the AG-1 Agricultural
D~str~ct on the East s~de of West G~bbs Road, 3800 feet more or less from the
~ntersect~on w~th Blackwater Road, containing 3 acres.
Said MOTION was AMENDED to ALLOW WITHDRAWAL.
Upon motion by Councilman Baum, seconded by Counclwoman Henley, City Council
ALLOWED WITHDRAWAL of Odlnances upon application of JOHN W. SWAN for a Variance
to Section 4.4(b) of the Subdivision Ordinance whmch requires all lots created
by subdivision meet all requirements:
Appeal from Decisions of Admlnlstratzve Officers ~n
regard to certain elements of the Subdivision
Ordinance, Subdivision for John W. Swan. Property
ms located at 2893 West Gibbs Road. Plats w~th more
detamled information are available ~n the
Department of Planning. BLACKWATER BOROUGH.
A N D, ALLOWED WITHDRAWAL
ORDINANCE UPON APPLICATION OF JOHN W. SWAN FOR A
CONDITIONAL USE PERMIT FOR A SINGLE FAAIILY DWELLING
IN THE AG-1 AGRICULTURAL DISTRICT
Ordmnance upon application of John W. Swan for a
Conditional Use Permit for a single family dwelling
zn the AG-1 Agricultural D~str~ct on the east s~de
of West Gmbbs Road, 3800 feet more or less from the
· ntersectlon w~th Blackwater Road. Sa~d parcel ms
located at 2893 West G~bbs Road and contains 3
acres. Plats w~th more detailed ~nformatmon are
avamlable ~n the Department of Planning. BLACKWATER
BOROUGH.
Councilwoman Henley suggested an alternative, which would apply only to members
of the ~mmedzate family. Mrs. Swan could apply to Permits and Inspections for
a free standing mobile home dwelling in an agricultural district. Permits and
Inspections would not~fy all the adjacent residents. If there ~s no opposition,
that appl~catzon could be APPROVED admmn~strat~vely.
January 23, 1989
- 38 -
Item III-F.l.n.
PUBLIC HEARING
ITEM # 30689 (Contznued)
PLANNING
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, V~ce Mayor Robert E.
Fentress, Harold He~schober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and W~ll~am D.
Sessoms, Jr.
Council Members Votzng Nay:
None
Counczl Members Absent:
None
- 39 -
Item IiI-F.l.o.
PUBLIC HEARING
ITF3,i # 30690
PLANNING
Attorney George Darden, 205 30th Street, Phone: 428-5075, represented the
applicant and requested AMENDMENT of the Change of Zoning from B-2 to 0-1 and
WiTHDRAUAL of the Conditional Use Permit.
Upon not~on by Councilman ~,~oss, seconded by V~ce ~fayor Fentress, u~y~ ~- Counczl
REFERRRED BACK TO THE PLANNING COMMISSION the applzcat~on of ALWAT ASOCIATES
for amendment to 0-1 Change of Zoning D~str~ct Class~fzcat~on from R-5D
Res~dentzal Duplex D~str~ct. Thzs application shall be expedited to both the
Planning Comm~sszon and C~ty Counc=l:
ORDINANCE UPON APPLICATION OF ALWAT AS~OCIATmo FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-
5D TO ~-2
Ordinance upon application of ALWAT Associates for
a Change of Zonmng D~str~ct Class~fmcat~on from R-
5D Resmdent]al D~str~ct to B-2 Communmty Bus~ness
D]strmct on certazn property located at 4883 Bonney
Road. Sazd parcel contazns 1.065 acrs. Plats w~th
more detailed ~nformatmon are available ~n the
Department of Plannzng. KEMPSVILLE BOROUG~I.
A N D, ALLOWED WITHDRAWAL:
ORDINANCE UPON APPLICATIO~ OF ALWAT ASSOCIATES FOR
A CONDITIONAL USE PERMIT FOR BULK STORAGE
Ordmnance upon applmcat~on of ALWAT ASSOCIATES for
a Condmt~onal Use Permmt for bulk stroage on
certamn property located at 4883 gonney Road. Sezd
parcel contamns 1.065 acres. Plats wmth more
detailed ~nformat~on are available mn the
Department of Planning. KFAIPSVILLE BOROUGH.
Voting: ]1-0
Council Members Voting Aye:
Albert W. oalko, John A. Baum, V~ce Mayor Robert E.
Fentress, Harold He~schober, Barbara M. Henley, Reba
S. McClana~, John D. Moss, ~ayor ~,leyera ~. Oberndorf
and Nancy K. Parker, John L. Perry and Wzll~am D.
Sessoms, Jr.
Council ~embers Voting l'~ay:
i~one
Council ~[embers Absent:
None
January 23, 1989
- 40 -
Item III-H.1.
NEW BUSINESS
ITEM # 30691
ADD-ON
Councilman Moss read h~s letter of January 23, 1989, ~nto the record. (Sa~d
letter ms hereby made a part of the proceedings.) After the Staff Brmef~ng on
the Constmtutmon Flyover on Janaury Seventeenth, Councmlman bloss suggested
C~ty Councml consider taking a posmtmon on ^l~gnment 1 and Almgnment lA
wmth reference to themr mmpact on the Cmty's/publmc's Mount Trashmore Park.
Martmn Waranch, 505 Heather Drmve, Phone: 497-2695, represented the Larkspur
Cmwc League. Mart~n Waranch advised OPPOSITION to Almgnments 2 and 3, whmch
wmll provmde addmtmonal traffmc mn the Larkspur Area.
George DeLano, 521 Buffer Drmve, Phone: 497-6126, represented the Larkspur
Cmvmc League, advmsed over thirty of the Larkspur property owners have
recemved letters from the Department of Transportatmon mnform~ng themr
property would be somehow adversely affected by some of the proposed
alternatmve routes.
January 23, 1989
JOHN D MOSS
COUNCILMAN
KEMPSVILLE BOROUGH
4021 GLEN ROAD
VIRGINIA BEACH. VIRGINIA 23452
(804) 498-0318
January 23, 1989
Honorable Mayor
Members of Councll
Under "COUNCIL CONCERNS" last Tuesday, January 17, 1989, after
the Staff Briefing on the Constitution Flyover, a Vlrglnla
Department of Transportation (VDOT)-managed and a Clty of Vlrglnla
Beach-sponsored road Improvement, I ralsed the opporfunliy of
Councll conslderlng taking a position on two of the four studied
alignments (Alignment 1 and Allgnment IA) with reference to thelr
Impact on the Clty's/publlc's Mount Trashmore Park. The reasons !
Judged the Issue worthy of Councll taklng a posltlon as a property
holder versus as Its role as an approval authorlty were and remain
as roi lows:
1. VDOT by law Is required to hold only one public Iocatlon
hearlng.
2. VDOT has made no public commitment to hold addlflonal public
location hearings.
3. A purpose of a Publlc Hearing is to solicit Impact statements
from potentially affected property holders.
4. Atyplcally, the City of Vlrglnla Beach Is both an affected
property holder as well as a future approval authority on VDO['s
recommendaf I on.
5. Atypically, VD~OT has no recommended option to propose at the
location Public Hearing. (Thls Is unusual In and of Itself.)
6. VDOT Judged all four alternatlves to be equal from a traffic
handllng perspective and, apparently, evaluated the park as a
neutral element.
7. The City Manager's Staff had not actlvely sollclted a
recommendation from the City's Parks and Recreatlon Commlsslon, to
the best of my knowledge.
Honorable Mayor
Members of Councl I
January 23, 1989
Page Two
8. The City's Director of Public Works, by his memo of January 12,
1989, communicated the strong posslbll Ity that "It may be posslble
to accomplish a more dlrect route across Mount Trashmore Lake with
bridge structures greatly reduced from what Is currently proposed".
(Note omission of the word or reference to "park".)
9. City Council as the people's representative of their public
property holdings by remalnlng sllent prlor to the Publlc Hearlng
was and Is giving Its taclt concurrence that a direct route across
the park Is acceptable.
10. The Councll could take a posltlon as a property owner separate
from Its position as an approval authority at a subsequent phase of
the decision-making process.
11. Whlle the State wlll flnance 95 percent of the cost of the
project out of Vlrglnla Beach's urban highway allocatlon, Virginia
Beach will have to pay 50 percent of all noise and other
environmental mltlgatlon Improvements from Its general revenues.
12. Federal funds were used In the development of the park and Clty
Council has the responslblllty to contlnue to honor the condltlons
under whlch It recelved those funds.
Since last Tuesday, I have heard both from those supporting and
from those opposing my discussed resolution to put Councll on record
as being In opposition to Alignments 1 and lA of the Constltutlon
Flyover as far as the Mount Trashmore Park Is affected. Those In
opposition are of the oplnlon that Councll should not pre-empt the
decision-making process of VDOT. When posed wlth the questlon,
"Does the City of Virginia Beach as a property holder of a park, to
be potentlally adversely Impacted by a future vuor recommendation
have both an obllgatlon and a rlght to communlcafe the publlc's
recreatlonal Interests to VDOT In a publlcally-held hearing?" One
can characterize the answers as: "1 never thought of It from that
perspective before". When faced wlth the two roles of Council, they
questioned If Councll can objectively execute both responslbllltles
(responslblllty as an affected property holder and responsibility as
a future final approval authorlty).
It was not the purpose of my proposed resolution to serve as a
de facto endorsement of elther alignments 2 or 3. It was out of
acknowledgment that private both resldentlal and commercla I
opposltlon to Al lgnment 2 and 3 and the commercial endorsers of
Alignments 1 and lA needed to be balanced by the Clty Councll
speaking out on Its Judgment as to the value of Mount Trashmore Park
to the tens of thousands of Kempsvl lie Borough resldents It serves,
not to mentlon the resldents throughout the City.
Honorable Mayor
Members of Councl I
January 23, 1989
Page Three
My discussions with selected Members of Council leads me to
conclude that It Is not Councll's will to exercise It rlghts and
responslbllltles as a property holder In order to preclude a
perceptlon of competltlve dlsadvantage among the other affected
property owners. So as not to put you my fellow Members of Councll
In the position of appearlng to be for or agalnst Mount Trashmore
versus for or agalnst, for example, dlfferent vlews of due process
whlle supporting Mount Trashmore Park and/or havlng my opposition to
Al lghments 1 and IA In regards ,o ftle Park bel~lg r(.~ad io be a~
endorsement of elther or both Alignments 2 and 3, I wlll not submlt
a resolutlon on the subject topicto Clty Councll.
I will speak as the Kempsvllle Borough Councll Member af the
Public Hearlng on 25 January 1989 on the subject VDOT ROAD PROJECT.
S I ~cqre I y,
,'
.uncllman
)mpsvllle Borough
JDH/bc
cc: Aubrey V. Watts, Jr.
C. Oral Lambert
Harold Whltehurs ~
Parks & Recreatlon Commission
Larkspur Civic League
Councll of Clvlc Organlzatlons
Central Buslness District Association
BEACON (Attn: Mr. Ha rtlg)
VIRGINIA BEACH SUN
_w
- 41 -
Item III-I.1.
RECESS INTO
EXECUTIVE SESSION
ITEM # 30693
In accordance w~th Section 2.1-344, Code of Vzrgln~a as amended, and upon
motion by V~ce Mayor Fentress, seconded by Councilman Sessoms, Czty Counczl
RECESSED INTO EXECUTIVE SESSION for dzscusszon of Personnel Matters (1:58
P.M.), after which to return to Formal Sesszon and ad0ourn.
1. PERSONNEL MATTERS: D~scuss~on or consmderat~on of employment, assignment,
appointment, promotion, performance, demotion, salaries, d~sc~pl~n~ng or
resmgnat~on of public officers, appointees or employees.
Votmng: ii-Os
Council Members Votzng Aye:
Albert W. Balko, John A. Baum, V~ce Mayor Robert E.
Fentress, Harold He~schober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf
Nancy K. Parker, John L. Perry and W~ll~am D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
~Verbal Vote
January 23, 1989
- 42 -
Item III-J.1.
ADJOURNMENT
ITEM # 30694
Upon motxon by Councxlman Baum and BY ACCLAMATION, C~ty Councml ADJOURNED the
Meeting at 12:15 A.M. (Tuesday, January 24, 1989)
O. Hooks
Chief Deputy Cxty Clerk
~J~th Hodge~s/Smi City Clerk
Mey~r~E. Oberndorf - ~
Mayor ~
City of V~rg~n~a Beach
V~rg~nxa
Januarv 23. 1989