HomeMy WebLinkAboutFEBRUARY 27, 1989
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"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
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FEBRUARY 27, 1989
ITEM 1. CITY MANAGER'S BRIEFINGS - Conference Room - 3:00 PM
A. FY 1990 REAL ESTATE ASSESSMENT
J. D. Banagan, City Assessor
B. CERTIFICATE OF OCCUPANCY PROGRAM
William Macali, Assistant City Attorney
C. DAM NECK SEWER
C I a ren c e Wa rn s ta f f , D i rec to r o f P u b I 1 c Ut i I i t i e s
D. SCHEDULE FOR FY 1989-90 OPERATING BUDGET
ITEM 11. COUNCIL CONFERENCE SESSION Conference Room - 4:30 PM
A. CITY COUNCIL CONCERNS
ITEM 111. INFORMAL SESSION - Gonference Room - 5:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM IV. FORMAL SESSION - Council Chamber - 6:00 PM
A. INVOCATION: Reverend John H. Emmert
Old Donation Episcopal Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. MINUTES
1. INFORMAL & FORMAL SESSIONS - February 13, 1989
E. CONSENT AGENDA
Al I matters listed und er the Consent Ag end a are con s id erp-d in the
ordinary course of business by City Counci I and wi I I 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.
i. LOW BIDS
a. Georgia Electr-ic Company in the amount of $495,287-88 for
Instal lation of traffic signal Computer Communication Cable
(CIP 2-988).
b. VICO Construction Corporation in the amount of $280,341-80 for
Kempsville Suction Main, Phase 11 (CIP 5-939).
2. RAFFLE PERMIT
VIRGINIA BEACH INDEPENDENCE LIONS CLUB
F. PUBLIC HEARINGS
1. SMOKING ORDINANCE
2. TAXICAB RATE INCREASE
G. ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND and REORDAIN the Code of the City of Virginia
Beach by adding a new Chapter (Chapter 28.5) re smoking.
2. Ordinance to AMEND and REORDAIN Section 36-172 of the Code of the
City of Virginia Beach re maximum rate of fare for taxicabs.
3. Resolution requesting a six-month extension of the "Comment Period"
on the U.S. Fish and Wildife Service Environmental Assessment draft
relative to expansion of the proposed area within the Backbay
Watershed.
4. Resolution resolving that the City immediately pursue acquisition
of al 1 lands that may be necessary for the future widening and/or
relocation of the approximate last mi le of Sandbridge Road and for
providing other necessary public services.
H. PUBLIC HEARING
1. PLANNING - RECONSIDERATION
Application of SAMUEL W. SCOTT, JR., agent for GRAYSON
WHITEHURST, JR. for Reconsideration of a Condition on Change of
Zoning from R-4 to 0-1 and (approved March 12,
1984 #21544) on property locate at the Southeast and Southwest
intersections of First Colonial Road and Mill Dam Road
(LYNNHAVEN BOROUGH).
Staff Recommendation: APPROVAL
2. PLANNING
a . Application of PAUL J. and JANE B. KARSERAS tor a variance to
Section 4.4(b) of the Subdivision Ordinance which requires all
lots created by subdivision to meet all requirements of the
Clty Zoning Ordinance, located at 1422-A North Woodhouse Road
(LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
b. Applications of CEDAR COVE ASSOCIATES - General Partner, Joe
Addington, Jr., on property located at the Southeast corner of
Adam Keeling Road and West Twin Cove Road, containing 26.976
acres (LYNNHAVEN BOROUGH):
Conditional Zoning Classification from R-40 Residential.
@strict to R-30 Residential District;
AND,
Variance to Section 5.5(a) of the Subdivision Ordinance which
requires lots created by subdivision to install curb and
guttering.
Referred back to Planning Commission January 9, 1989.
Recommendation: APPROVAL
c. Application of W & K ASSOCIATES for the discontinuance, closure
and abandonment of a portion of Whiteburst Landing Road
@eginning on the West side of Kempsvil le Road, 94.52 feet South
of Whitehurst Landing Road and running In a Northerly direction
a distance of 150.16 feet, variable in width and containing
12,462.6 square feet (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
d. OrdTnance for the discontinuance, closure and abandonment of a
portion of Cape Henry Drive beginning at the Northeast corner
of Cape Henry Drive and Jetty Street and running in an Easterly
direction a distance of 165.65 feet, containing 4,141 square
feet, in the petition of DRAGAS HOMES, INC. (KEMPSVILLE
BOROUGH).
Deferred September 6, 1988, for compliance by March 13, 1989.
Recommendation: FINAL APPROVAL
e. Appllcation of JAMES and MARGIE CAFFEE for a Change in a
Nonconforming Use on property located at 464 Rudder Road,
containing 6,600 feet (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
f. Application of ALWAT ASSOCIATES, for a Change of Zoning
District Classiflcation from R-5D Residenti@l Duplex District
to 0-1 Office District on property at 4883 Bonney Road,
containing 1.065 acres (KEMPSVILLE BOROUGH):
Referred back to Planning Commission January 23, 1989.
Recommendation: APPROVAL
g Application of MISSIONS TO MILITARY, INC. for a e of
Zon from R-5D Residential Duplex
District to B-2 Communi-ry t3usiness District on
f Shell Road, 1-300 fee more or f Downs Lane (5632
Shell Road), containing 1.78 acres (BAYSIDE BOROUGH)
Recommendation: APPROVAL
h. Application of ALBERT N. and DIANA H. JENSEN for a e of
Zo
to
S.
17,424 square feet (LYNNHAVEN BOROUGH)
Recommendation: APPROVAL
i. Application of J V L ASSOCIATES for a Conditional Use Per-mit
for mini-warehouses on the West side of ana Boulevard, 1100
feet uth of Harpers Road (1251 Oceana Boulevard), containing
1.9 acres (PRINCESS ANNE BOROUGH).
Deferred December 12, 1988 and January 23, 1989.
Recommendation: APIPROVAL
j. Application of HICKORY LAKE ASSOCIATES for a Modification to
the Land Use Plan for the Green Run PD-H to allow commercial in
addition to an automobile service station on pro ety icted
at the Southeast uorner Ot Lynnhaven Par w@y and Rosemont Road,
containing 27,007 square feet (PRINCESS ANNE BOROUGH).
Recommendation: DENIAL
k. Application of B. D. and CHANDRABALA B. PATEL for a e of
Zo from H-1 Hotel District to B-2
Community us ness District, on th East 5"de Of Diamo-nd
Springs Road, 130 tee-r @OUTN of Aragon Drive, containing
21,496.86 square feet (BAYSIDE BOROUGH).
Recommendation: DENIAL
1. Application of WITCHDUCK LAKE ENTERPRISES, INC., for a
Conditional Use Permit to f i I 1 a borrow pit at the Western
extremity o Court, containing 54 acres (BAYSIDE
BOROUGH).
Recommendation: DENIAL
m. Ordinances to AMEND and REORDAIN the City Zoning Ordinance of
the City of Virginia Beach, Virginia:
1. Article 1, Section 111, re definition ot the term 'sign".
2. Article 2, Section 202, re height limitations for additions
to residential structures.
1. UNFINISHED BUSINESS
J. NEW BUSINESS
1. RECONSIDERATION
REQUEST FOR RECONSIDERATION: Application of MARY JOSEPHINE
LILLEY for Conditional Use Permit (approved October 14, 1985 )
on property locat( ide of Oceana Boulevard, 860
feet more or less North of Credle Road (566 Oceana Boulevard),
containing 11.01 acres (LYNNHAVEN BOROUGH).
K. ADJOURNMENT
CITY COUNCIL SESSIONS
RESCHEDULED
MARCH 13, 1989
CANCELLED
NATIONAL LEAGUE OF CITIES - WASHINGTON
MARCH 20, 1989
2:00 PM
COMBINED STAFF AND PLANNING AGENDA
All other Sessions will be
in accordance with the City Code
M I N U T E 8
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 27, 1989
The VIRGINIA BEACH CITY COUNCIL was cal led to order by Mayor Meyera E.
Oberndorf in the Conference Room, City Ha I I Bui lding, on Monday, February 27,
1989, at 3:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Harold Heischober,
John D. Moss, Mayor Meyera E. Oberndorf, Nancy K.
Parker, John L. Perry and William D. Sessoms, Jr.
Council Members Absent:
Vice Mayor Robert E. Fentr--ss (ENTERED: 3:02 P.M.)
Barbara M. Fienley (ENTERED: 3:03 P.M.)
Reba S. McClanan (ENTERED: 3:04 P.M.)
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C I T Y M A N A G E R ' S B R I E F I N G
FY 1990 REAL ESTATE ASSESSMENT
3:00 P. M.
Item # 30807
Jerald Banagan, City Real Estate Assessor, advised on February 28, 1989, the
Assessor's Office will mail Notices of Appraisal for the Fiscal Year 1990 Real
Estate Assessment to all property owners. The projected 1990 Assessment is
$15,218,00,000 which will generate $140,310,00 in revenue at the approved 1990
real estate tax rate of $.922 per $100 of assessed value. Each penny of the tax
rate relates to $1,522,000 in revenue. Extracting the increase in the tax rate
this is approximately a 6.3% increase in revenue.
New construction for the past 12 months amounted to $418,360,000 which is a
decrease from the previous year of $93,407,000 or 18%. Growth amounts to 3.4%
of the tax base. The typical assessment increase for individual properties
was about 4.2%. A range of 0% to 7% more appropriately describes the diversity
of assessment increases throughout the City. Residential, apartment and
agricultural properties comprise 79.8% of the tax base with commercial and
industrial properties constituting 20.2% of the tax base.
Jerald Banagan reiterated the FY 1990 ASSESSMENTS AS OF JANUARY 1989:
Borouph Total Assessment Increase
Bayside $ 2,606,985,823 5%
Blackwater 33,665,797 4%
Kempsville 4,420,149,517 6.8%
Lynnhaven 4,717,244,985 6.2%
Princess Anne 1,839,409,778 12.1%
Pungo 170,682,375 5.3%
Virginia Beach 1,095,848,641 3.9%
Total $ 14,883,986,916 6.7%
The Assessor's report reflected an Increase in July I Land Book. Percent of
Increase in Assessments with an overall average increase of 4.21% and a median
Increase of 3.4%. Approximately 8800 properties increased more than 10%.
RESIDENCES
Percent Mean Median Mean %
Of Total Assessment Assessment Increase
Single Family 71.8% $108,100 $ 84,600 4.8%
Townhouse 17.2% 65,700 63,000 2.0%
Low Rise Condominium 7.8% 81,900 67,500 2.7%
High Rise Condominium 1.6% 128,500 120,000 1.5%
Duplex/Home with 1.6% 159,200 126,900 5.0%
Apartments
All Residences
39.8% Assessed Less than $ 75,000
69.2% Assessed Less than $100,000
88.4% Assessed Less than $150,000
2.9% Assessed over $250,000
- 3 -
C I T Y M A N A G E R ' S B R I E F I N G
FY 1990 REAL ESTATE ASSESSMENT
Item # 30807 (Continued)
Regarding FY 1990 Assessments by Property Classification, the State Code
requires the Real Estate Assessor utilize seven different codes in printing the
Land Book. Agriculture dropped $15-MILLTON. Essentially this has occurred
because properties have been subdivided into something less than 19 acres and
reappear in the report as residential. Agriculture reflects state required
coding of farms of 19 acres and over (Agriculture or Residential zoning).
Residential includes vacant lots and farms of less than 19 acres (Residential
or Agriculture zoning). Commercially zoned farm land of any size is included in
General Commercial. Assessments are based upon taxable land use values as
opposed to fair market value for all qualifying farms.
The Total Commercial New Construction amounted to $103,770,752 with Total
Residential New Construction of $315,272,349. Forty-seven (47) houses were
built south of the Greenline.
The most recent assessment ratios were outlined on page 15 as determined by the
State Department of Taxation. Previous Virginia Beach Ratios were also denoted.
The State will run a ratio of sale prices derived from the tax receipts against
assessments during the year. The level of assessments compared to sales will be
reviewed by the State. The purpose of the State's report is to give statistics
which are utilized in the formula for allocation of school funds. If the City
drops below 70%, the State will cut revenue by alcohol taxes.
There are 54,285 acres under the Land Use Program which entails 33% of the
City's total land area. Since 1981, approximately 7,000 acres have been lost.
The program is fairly stable but has declined over the years. The Market Value
is $327,733,777. The Use Value entails $23,927,240 with a Deferred Value of
$303,806,537 and a Deferred Tax of $2,779,830.
A synopsis of the Real Estate Tax Exemption/Deferral/Freeze for Senior Citizens
and Disabled Persons is reflected on Page 18. There are 757 Program Recipients
with 59 senior citizens and 212 disabled persons. The amount of Tax exempted
was $404,541.72.
There are 1735 Parcels which comprise Tax Exempt Property.
- 4 -
C I T Y M A N A G E R ' S B R I E F I N G
CERTIFICATE OF OCCUPANCY PROGRAM
3:35 P.M.
Item # 30808
Assistant City Attorney William Macali reiterated information relative the
Ordinance to Amend and Reordain the Code of the City of Virginia Beach,
Virginia, by adding Section 16-12, pertaining to Certificates of Occupancy for
certain dwelling and dwelling units.
This new proposal attempts to address City Council's concerns relative the
previous draft. Four (4) major areas of concern were identified:
(1) Ordinance unduly burdened homeowners (invasion
of privacy, difficulty in selling a home.)
(2) Ordinance did not apply to rental property.
(3) Ordinance applied in areas not needed.
(4) Ordinance applied only to properties 10 years
of age or older.
Subsection (a) (1) of the suggested AMENDED version of the Ordinance denotes
rental units in certain designated areas of the city "Special Emphasis Areas"
will not be reoccupied once a tenant moves unless a Certificate of Occupancy
has been issued. No Certificate of Occupancy shall be required for any property
occupied as of the date the area in which it is located is designated as a
"Special Emphasis Area" until such property becomes occupied by persons other
than those in occupancy. A Certificate of Occupancy shall not be required for
any property for which a Certificate of Occupancy was issued within one year
immediately prior to a change of occupancy of such property.
Subsection (3) is one of the major means by which the Ordinance would be
enforced. The power company cannot recommence service once the tenants change
until a temporary or Certificate of Occupancy has been issued. Once the
Certificate has been issued, the Director of Permits shall notify Virginia
Power immediately.
Subsection (b) denotes the criteria by which areas shall be designated as
"Special Emphasis Areas":
(1) Area in which a high percentage of rental
property is located.
(2) Information and data from the Real Estate
Assessor pertinent to the determination of the
value of improvements, as opposed to land
values in a given area.
(3) Physical condition of dwellings and dwelling
units, as determined by exterior housing
condition surveys and code enforcement
statistics.
(4) Eligibility for federal and state housing
assistant programs.
- 5 -
C I T Y M A N A C E R ' S B R I E F I N G
CERTIFICATE OF OCCUPANCY PROGRAM
Item # 30808 (Continued)
Subsection (c) requires the owner of property to notify Permits and Inspection
of a Change in Occupancy or a pending change and request the inspection. It is
the owner's responsibility. The inspection shall be accomplished within 5
working days. A fee of $25.00 shall be charged for the initial inspection. If
violations are noted at the first inspection, the owner must correct same. Upon
reinspection, if they are not fixed, another $25.00 is charged, but no charge
will be made if the violations have been corrected and the property is in
compliance.
Subsection (e) (1) advised a Temporary Certificate of Occupancy shall
authorize the occupancy of the property for such period of time as is
reasonably necessary to remedy or correct all defects or violations by reasons
of which the Certificate of Occupancy was refused, but not in excess of sixty
(60) days. The Director may extend a Temporary Certificate for an additional
period of not more than sixty (60) days if the owner has diligently and in good
faith attempted to bring the property into compliance.
Assistant City Attorney Bill Macali advised, the three criteria for issuance of
a Temporary Certificate of Occupancy:
(1) Property for which a Certificate of Occupancy
was refused may reasonably be brought into
compliance within 60 days.
(2) All necessary repairs or corrections may be
performed safely and without undue
inconvenience to the occupants of the property.
(3) The condition of the property does not
constitute a hazard to the health or safety of
the occupants.
Subsection (f) denotes any person agrieved of any determination or decision of
the Director made pursuant to this section shall have the right to appeal such
determination or decision within twenty (20) days to the Board of Building Code
Appeals.
Assistant City Attorney Macali distributed samples of Exterior and Interior
Housing Reports (Said copies are hereby made a part of the record.)
BY CONSENSUS, the City Staff shall proceed with the Scheduling of a PUBLIC
HEARING with notification to interested parties.
- 6 -
C I T Y M A N A C E R ' S B R I E F I N G
DAM NECK SEWER
4:10 P.M.
Item # 30809
The City Manager advised based upon the availability of new information, the
Health Department has reviewed the classification of the Old Dam Neck/Upton
Estates Sanitary Sewer Service from Class III to Class 1. Class I is defined as
"immediate need for sewer, condemnation of dwellings may occur with future
failures".
Based upon the Health Department's designation, it is recommended funding be
authorized at this time for the project. The funding source would be through
the issuance of revenue bonds. The cost in current dollars associated with
design and construction of sanitary sewers for the referenced service area,
excluding the dry sewers on Dam Neck Road is $732,000.00.
Councilwoman McClanan distributed copies of an article relative comments by
the State Health Department to the Chesterfield County Board of Supervisors
and the State Health Department relative public sewerage treatment plants.
BY CONSENSUS, the appropriate Ordinance shall be SCHEDULED for the City Council
Agenda of March 6, 1989.
- 7 -
C I T Y M A N A G E R T S B R I E F I N G
SCHEDULE FOR FY 1989-90 OPERATING BUDGET
Item # 30810
BY CONSENSUS, City Council APPROVED the SCHEDULE for the FY 1989-90 OPERATING
BUDGET:
Thursday, March 30 Noon Subrnission to City Council
March 31- April 16 Individual Council Questions
Monday, April 10 10:30 A.M. - Noon Council Workshop - School Budget
(w/School Board/Administration)
Monday, April 17 11:00 P.M. - 1:00 P.M. Council Workshop - City Budget
Tuesday, April 18 7:00 P.M. - 10:00 P.M. Public Hearing City/School Budget
Princess Anne High School
Monday, April 24 2:00 P.M. - 4:00 P.M. Council Workshop - City Budget
Tuesday, April 25 7:00 P.M. - 10.00 P.M. Public Hearing - City/Schc>ol
Budget
Pavilion - meeting rooms.
Monday, May I 11:00 A.M. - 1:00 P.M. Reconcilitation Workshop - Total
Budget
Monday, May 8 2:00 P.M. Public Hearing and First Reading
Appropriation Ordinance (Regular
Meeting)
Monday, May 15* 2:00 P.M. Second Reading and ADOPTION by City
Council.
*Council Lady WClanan will be unable to ATTEND the SECOND READING of the FY
1989-90 OPERATING BUDGET due to her daughter's graduation frorn College. The
City Council will decide whether possible to RESCHEDULE.
- 8 -
C IT Y C 0 UN C I L C ON C E R N S
Item # 30811
Robert Matthias, Intergovernmental Relations Co-ordinator, distributed the
STATUS OF VIRGINIA BEACH 1989 LEGISLATIVE PACKAGE (Said information is hereby
made a part of the record.)
With reference to Conditional Zoning, Impact fees were only made available to
Northern Virginia. The representatives from Northern Virginia, however, advised
Virginia Beach did receive 99% of the authority available to Northern Virginia.
Some of the restrictions were codified; i.e, must be reasonable, contained
within the Capital Improvement Program.
- 9 -
Item # 30812
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Conf erence Room, City Ha I I Building, on
Monday, February 27, 1989, at 4:48 P.M-
Council Members Present:
Albert W. Balko, John A. BaLin, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
- 10 -
Item # 30813
Mayor Meyera E. Oberndorf entertained a motion to permit City Counci I to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, sa laries, discipl ining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
institution which could effect the value of property owned or desirable
for ownership by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or brief ings 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 Moss, seconded by Councilman Balko, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Wyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
C)ouncil Members Voting Nay:
None
Council Members Absent:
None
- 11 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
February 27, 1989
6:00 P.M.
Veyor Wyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Counci I Chambers, City Hal I Bui Iding, on Monday,
February 27, 1989, at 6:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Counci 1 Members Absent:
None
INVOCATION: Reverend John H. Emmert
Old Donation Episcopal Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 12 -
Item IV-D.
INTRODUCTION Item # 30814
ADD-ON
Mayor Oberndorf RECOGNIZED the LEADERSHIP HAMPTON ROADS Participants In
attendance at the City Council Meeting:
Ben Willis Mark Manstield Arnie Rosenberg
Ronald Diggs Elmer Ramiscal Mary Ferrara
Anthony Srnith Franklin Harper Jim Owen
Carol Rueppel William Rhodes Richard Thurmond
Chuck Brugh Peggy Kincheloe David Delplerre
Rick Rowland Craig Poppen Cotton Market
Aubrey Layne Warren Harris
Chuck Byrne Fred Napolitano
These MEMBERS are being trained as future political leaders.
- 13 -
Item IV-D.1
MINUTES Item # 30815
Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City
Council APPROVED the MINUTES of the INFORMAL AND FORMAL SESSIONS of February
13, 1989.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 14 -
Item IV-E
CONSENT AGENDA Item # 30816
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council APPROVED in ONE MOTION Items l.a/b and 2 of the CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor %yera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 5
Item IV-E.1
CONSENT AGENDA Item # 30817
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council APPROVED:
LOW BIDS
Georgia Electric Company in the amount of
$495,287.88 for Installation of traffic signal
Computer Communication Cable (CIP 2-988).
VICO Construction Corporation in the amount of
$280,341.80 for Kempsville Suction Main, Phase 11
(CIP 5-939).
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. BaLnn, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 16 -
Item IV-E.2
CONSENT AGENDA Item # 30818
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council APPROVED:
RAFFLE PERMIT
VIRGINIA BEACH INDEPENDENCE LIONS CLUB
Voting: 11-0
Council %mbers Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Nbyor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
C)ouncil Members Voting Nay:
None
Council Members Absent:
None
- 17 -
Item IV-F.l.
PUBLfC HEARING Item # 30819
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING:
Ordinance to amend and reordain the Code of the
City of Virginia Beach, Virginia, by adding a new
Chapter 28.5 pertaining to smoking.
The following spoke in SUPPORT of the Ordinance:
Hilton Oliver, 4856 Haygood Road, Suite 102, Phone: 490-0126
Mrs. Pat Ingmire, 813 St. James Drive, Phone: 499-2896
Marilyn Danner, 2601 West Landing Road, Phone: 426-7390
Steven Danner, Post Office Box 6126, Phone: 721-7607
Debbie Timpani, 4652 Princess Anne Road, Phone: 495-4789
Mike Annetta, 2013 Regatta Circle, Phone: 481-3416
The following spoke in OPPOSITION:
Mike Higgins, 345 Aragona Boulevard, Phone: 499-8379, presented petitions in
OPPOSITION to the Ordinance (Said petitions are hereby made a part of the
record.)
Laura Zambardi, 2852 Shearwater Cove, Phone: 340-9046, represented the views of
the Tobacco Industry. Laura Zambardi referenced opposition to Section 28.85-4
Regulation of smoking In certain private places ot employment. Mrs. Zambardi
presented twenty-five separate signature pages in opposition. (Said petitions
are hereby made a part of the record.)
There being no further speakers, the Mayor CLOSED the PUBLIC HEARING.
- 18 -
ltem IV-F.2.
PUBLIC HEARING Item # 30820
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING:
Ordinance to AMEND and REORDAIN Section 36-172 of
the Code of the City of Virginia Beach re maximum
rate of fare for taxicabs.
There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING.
- 19 -
Item IV-G.I.
ORDINANCES/RESOLUTIONS Item # 30821
Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED, AS AMENDED:
Ordinance to AMEND and REORDAIN the Code ot the
City of Virginia Beach by adding a new Chapter
(Chapter 28.5) re smoking.
Section 28.5-4 Regulations for smoking in certain private places of employment
(Lines 16 through 29) shall be ELIMINATED.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
1 AN ORDINANCE TO AMEND AND
2 REORDAIN THE CODE OF THE
3 CITY OF VIRGINIA BEACH,
4 VIRGINIA BY ADDING A NEW
5 CHAPTER 28.5 PERTAINING
6 TO SMOKING
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9 That the Code of the City of Virginia Beach is
10 hereby amended and reordained by adding a new Chapter 28.5 to
11 read as follows:
12 Section 28.5-1. Legislative purpose and intent.
13 Based on a substantial body of scientific evidence
14 and on the 1986 Report of the Surgeon General entitled "The
15 Health Consequences of Involuntary Smoking", the City of Virginia
16 Beach hereby acknowledges that passively-inhaled tobacco smoke
17 poses a potential health hazard to persons exposed thereto. The
18 purpose of this chapter is to protect the public health, safety
19 and welfare by regulating the smoking of tobacco in designated
20 public places and places of employment in a manner that
21 recognizes the competing interests of smokers and non-smokers,
22 and the burdens hereby imposed on persons in control of the
23 places so regulated. The regulations contained herein are
24 intended to be viewed as minimum standards and shall not be
25 construed as limiting, in any manner, the authority of persons in
26 control of public places and/or places of employment to
27 implement more stringent standards applicable to the @articular
28 establishment or place of employment.
29 Section 28.5-2. Definitions.
30 The following words and phrases shall, for purposes of
31 this chapter, have the meanings respectively ascribed to them:
32 (a) "Bar" or "lounge area" shall mean an area or a
33 room utilized primarily for the sale of alcoholic beverages for
34 consumption by patrons on the premises and in which the sale of
3 5 food is merely incidental to the sale of alcoholic beverages.
36 Although a restaurant may contain a bar or lounge area, the term
37 "bar" or "lounge area" shall not be construed to encompass an
38 entire restaurant or any dining area.
39 (b) "Child-care facility" shall mean any facility
40 which is a "child-care center" or a "family day-care home" as
41 defined by Section 63.1-195 of the Code of Virginia, and any
42 amendments thereto.
43 (c) "Health-care facility" shall mean any facility or
44 institution providing individual care or treatment of diseases,
45 whether physical, mental or emotional, or other medical,
46 physiological or psychological conditions. Such facilities
47 include, but are not limited to, hospitals, clinics, nursing
48 homes, homes for the aged or chronically ill, laboratories, and
49 waiting areas of any other health-care provider.
50 (d) "Person" shall mean any person, firm, partnership,
51 association, corporation, company or organization of any kind,
52 (e) "Public meeting and/or hearing" shall mean any
53 meeting, assembly and/or hearing held in a public building or
54 building leased for a public purpose which is open to the public
55 for the conduct of the affairs of, and the transaction of
56 business by, any legislative, administrative or advisory body or
57 agency of the city, including boards, commissions, authorities,
58 councils, committees, and any subordinate groups thereof,
59 receiving or expending, and supported in whole or in part by,
60 public funds.
61 (f) "Public place" shall mean an enclosed area
62 available for use by, or accessible to, the general public during
63 the normal course of business, conducted by either private or
64 public entities.
65 (@) "Restaurant" shall mean any building, structure,
66 or area used as, maintained as, advertised as, or held out to the
67 public to be an establishment where food is made available to be
68 consumed on the premises.
2
6 9 (h) "Retail or service establishment" shall mean any
70 establishment which offers goods or services for sale to the
71 general public.
72 (i) "Smoke" or "smoking" shall mean the carrying or
73 hol.ding of a lighted pipe, cigar or cigarette of any kind, or
74 any other lighted smoking equipment, or the lighting, inhaling or
75 exhaling of a pipe, cigar, or cigarette of any kind.
76 (i) "Theater" shall mean any indoor facility or
77 auditorium, open to the public, which is primarily used for, or
78 designed for, the purpose of exhibiting any motion picture, stage
79 production, musical recital, dance, lecture or other silililar
80 performance.
81 Section 28.5-3. Smokirig prohibited in certain public places.
82 (a) It shall be unlawful for any person to smoke in
83 any of the following public places:
84 (1) Elevators, regardless of capacity,
85 except in an elevator located in a
86 single-family dwelling.
87 (2) Retail and service establishments
88 or financial institutions serving
89 the general public, including, but
90 not limited to, department stores,
91 grocery stores, convenience stc)res,
92 drug stores, clothing stores, shoe
93 stores, hardware stores, banks,
94 savings and loan institutions, hair
95 salons and barber shops.
96 (3) Indoor service lines, cashier
97 areas, and counter service areas.
98 (4) Public restrooms.
99 (5) Health care facilities, regardless
100 of capacity.
101 (6) Rooms in which a public meeting or
102 hearing is being held.
3
103 (7) Places of entertainment, including,
104 but not limited to, theatres,
10 5 concert h a 1 1 s , gymnasiums,
1 0 6 auditoriums, o r other enclosed
107 arenas.
108 (8) Art galleries, libraries, museums,
109 or similar cultural facilities.
110 (9) Educational facilities, whether
ill public or private, in common areas
11 2 such as classrooms, of f ices ,
113 hallways, auditoriums, and public
114 meeting rooms.
115 (10) Child-care facilities.
116 (11) Indoor f a c i 1 i t i e s u s e d for
117 recreational purposes, including,
118 but not limited to, bingo halls,
119 bowling alleys, and skating rinks.
120 (12) Any part of a restaurant designated
121 a "no-snioking" area pursuarit to the
122 provisions of this chapter.
1 2 3 (13) Buildings owned or leased by the
124 city or the school board used for
1 2 5 public purposes with the exception
1 2 6 of lawfully-designated smoking
127 areas.
1 2 8 (14) Meeting houses, community centers,
1 2 9 group h o m e s , or recreational
1 30 facilities open to the public at
1 31 large.
1 3 2 (15) Vehicles owned or leased by the
133 city and used regularly for public
1 3 4 transportation including, but not
135 limited to, transit buses and
136 school buses.
4
1 3 7 (b) The owner or person in charge of any building,
1 3 8 structure, space, place or area in which smoking is prohibited
1 3 9 may designate separate rooms or areas in which smoking is
140 permitted, provided that:
141 (1) The designated smoking area shall
142 not exceed twenty-five (25) percent
1 4 3 of that portion of the building,
1 4 4 structure, space, place or area
145 open to the general public.
146 (2) Notwithstanding the twenty-five
1 47 (25) percent limitation, the
148 designated smoking area may not
1 49 encompass any area outlined in
1 5 0 subsection (a) (1), (3), (4), (6),
151 (12) and (15).
152 (3) Designated smoking areas shall be
153 separate to the extent reasc)nably
154 practicable from those rooms or
155 areas entered by the public in the
156 normal course of use of the
157 particular business or institution.
158 (4) In designated smoking a r e a s ,
1 59 ventilation systems and existing
160 physical barriers shall be used
161 when reasonably practicable to
1 6 2 minimize the permeation of smoke
163 into no-smoking areas.
164 Section 28.5-4. Designated no-smoking areas in restaurants.
165 (a) Any restaurant having a seating capacity of fifty
166 (50) or more persons shall have a designated no-smoking area
167 sufficient to meet customer deniand. The designated no-smoking
168 area shall be located in a separate room if one is available or,
169 if no separate room is available, in a compact and contiguous
170 area as far removed from areas where smoking is permitted (and
5
171 closest to the best source of ventilation) as reasonably possible
172 under applicable building, fire and city code regulations.
1 7 3 (b) Any restaurant required to have a designated no-
174 smoking area shall post signs in accordance with the provisions
175 of Section 28.5-6 at each entrance to the establishment
176 indicating that a no-smoking area is available.
177 Section 28.5-5. Where smoking not regulated.
178 This chapter is not intended to regulate smoking in the
179 following places and/or under the following conditions:
180 (a) Bars and lounge areas.
181 (b) Retail tobacco stores.
182 (C) Restaurants, conference/meeting
183 rooms , and public and private
1 84 assembly rooms while these places
1 8 5 a r e being u s e d f o r p r i v a t e
186 functiotis.
187 (d) Office or work areas which are not
188 shared work areas and which are not
189 entered by the public in the normal
190 course of business or use of the
191 premises.
192 (e) Private hospital rooms.
193 (f) Areas of enclosed shopping centers
194 or malls that are external to the
195 retail stores and are used by
196 customers as a route of travel from
197 one store to another, and that
198 consist primarily of walkways and
199 seating arrangements.
200 (g) Lobby areas of hotels, motels, and
201 other establishments open to the
202 public for overnight accommodation.
6
203 Section. 28.5-6. Posting of signs.
204 (a) Any person who owns, manages or otherwise controls
205 any building or area in which smoking is regulated by this
206 chapter shall post in an appropriate place in a clear ,
2 07 conspicuous, and sufficient manner "Smoking Permitted" signs or
208 "No Smoking" signs (or a sign displaying the international "No
2 0 9 Smoking" symbol consisting of a pictorial representation of a
21 0 burning cigarette enclosed in a red circle with a red bar across
211 it). Print on such signs shall be at least one (1) inch in
212 height and the international symbol, if used, shall have a
213 circle of at least four (4) inches in diameter.
214 (b) Every restaurant regulated by this chapter shall
215 post at or near its entrance a sign stating that a no-smoking
216 section is available.
217 (c) "No Smoking" signs may, but are not required to,
218 contain language that smoking is prohibited by city ordinance and
219 that violation of the no-smoking prohibition is a Class 4
220 misdemeanor punishable by a fine up to one hundred dollars
221 ($100.00).
222 Section 28.5-7. Structural modifications.
223 Persons regulated by the provisions of this chapter are
224 encouraged to make such structural modifications to their
225 respective buildings or structures as may be necessary to
226 prevent or reduce the permeation of smoke from smoking areas
227 into no-smoking areas; provided, however, that nothing in this
228 chapter shall be construed as requiring any such person to make
229 such modifications.
230 Section 28.5-8. Violations and penalties.
231 (a) It shall be unlawful for any person who owns,
232 manages, operates or otherwise controls the use of any prenjises
233 subjecl to the prohibitions or restrictions of this chapter to
234 fail to comply with its provisions.
7
2 3 5 (b) It shall be unlawful for any person to smoke in
2 3 6any area prohibited or restricted by the provisions of this
237 chapter.
238 (c) Any person who violates the provisions of this
239 chapter shall be guilty of a class 4 misdemeanor.
240 Section 28.5-9. Compliance o ersight.
241 The department of public health and/or any other
242 department designated by the city manager shall perform an
243 evaluation for compliance with all requirements of this chapter
244 in the course of an otherwise mandated inspection.
245 Section 28.5-10. Other applicable laws and policies.
246 This chapter shall not be interpreted or construed to
247 permit smoking where it is otherwise prohibited or restricted by
248 other applicable statutes and ordinances, or the policies of
249 individual establishments.
250 This ordinance shall become effective on the 1st day
251 of May, 1989.
2 5 2 Adopted by the Council of the City of Virginia Beach,
253 Virginia, on the 27th day of February 19 a 9 .
254 RMB/ekb/epm
255 02/21/89
256 CA-3183
257 \ordin\proposed\28-005.pro
8
- 20 -
Item IV-G.2.
ORDINANCES/RESOLUTIONS Item # 30822
Upon motion by Counci Iman Heischober, seconded by Vice %yor Fentress, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 36-172 of
the Code of the City of Virginia Beach re maximum
rate of fare for taxicabs.
Voting: 11-0
Council %mbers Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 36-172 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO MAXIMUM RATE OF FARE
5 FOR TAXICABS
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 36-172 the Code of the City of Virginia
10 Beach is hereby amended and reordained to read as follows:
11
12
13 Section 36-172. Maximum rates--Taxicabs.
14
15 (a) No person owning, operating, controlling or
16 driving a taxicab within the city shall charge an amount to
17 exceed the following rates of fare:
18 (1) For the first ene-f-ift-h one-sixth of a mile or
19 fraction thereof .......................... $ 1.00
20 (2) For each succeeding one-fifth one-sixth of a mile
21 or fraction thereof ....................... 0.20
22 (3) Trunk charge ............................... 0.50
23 (4) For each minute of waiting time ......... 0715 0.20
24 (5) Gasoline surcharge, per trip ............... 0.50
25 If hired on an hourly basis, the rate of
26 twelve dollars ($12.00) per hour shall apply.
27 (b) Reserved.
28 (c) Notwithstanding the provisions of this section,
29 taxicabs bringing passengers into this city from without the city
30 shall charge the rates prescribed by the city or county in which
31 they are licensed.
32 (d) Any application for a fare increase under this
33 section shall include justification for such fare increase and
34 such financial and operating information as may be requested by
35 the city manager. The city council shall hold a public hearing
36 before acting on any such application for a fare increase, after
37 public notice for at least ten (10) days.
38 This ordinance shall be effective from date of
39 adoption.
40
- 21 -
Item IV-G.3.
ORDINANCES/RESOLUTIONS Item # 30823
The following spoke in SUPPORT of the Resolution:
Bob Bidlack, 905 Nemo Court, Phone: 468-3821
Henry Johnson, 604 Glen Gary Court
Charles Bowels, 2716 Bluebill Drive, Phone; 721-7332, represented the Back Bay
Citizens Alliance
Al Henley, 3112 Colechester Road, Phone: 426-6991, represented the Back Bay
Citizens Alliance
Eddie Vaughan, 1628 Mill Landing Road, Phone: 426-6452, farmowner and
represented the Back Bay Citizens Alliance.
Jerri Gaudreau, 3249 Colechester Road, Phone: 426-6615
Maxine C. Graham, 3057 South Sandpiper Road
The following spoke in OPPOSITION to the Resolution:
Mark Yatrofsky, 1231 Land Street, Norfolk, Phone: 441-4270, represented the
Chesapeake Bay Group of the Sierra Club
Herb Taylor, 3325 Sandpiper Road, Phone: 426-7286, represented the Sandbridge
Beach Civic League
Richard W. Whittemore, 313 Pipe Circle, Phone: 426-7245, represented the Back
Bay Restoration Foundation
Georgette Constant-Davis, Phone: 422-2948
Mary Shaughnessy, 557 Canterbury Road, Phone: 463-2582
Charles Traub, III, 784 Glasgow Court, Phone: 340-9056
Anthony Leger, Post Office Box 6286, Phone: 721-2412, represented the U.S. Fish
and Wildlife Service. Anthony Leger distributed the Draft Environmental
Assessment (Copy is hereby made a part of the record.) The Fish and Wildlife
Service has proposed to purchase land from willing sellers only at a fair
market value. Since 1977, the Fish and Wildlife Service has condemned less
than one-half of 1% of all properties purchased nationwide.
The City Clerk referenced numerous telephone calls both in support and
opposition to the Resolution. Letters from Cornelia S. Terry, Mary A.
Shaughnessy, Charles Traub, III, Helen and E. Spencer Wise are hereby made a
part of the record.
Upon motion by Councilwoman McClanan, seconded by Councilman Sessoms, City
Council ADOPTED the REVISED VERSION:
Resolution requesting a six-month extension of the
"Comment Period" on the U.S. Fish and Wildife
Service Environmental Assessment draft relative to
expansion of the proposed area within the Backbay
Watershed.
Voting: 7-4
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
John A. Baum, John D. Moss, Mayor Meyera E. Oberndorf
and Nancy K. Parker
Council Members Absent:
None
RESOLUTION
WHEREAS: The potential for and severity of substantial impact
on the Communities of Back Bay, Sandbridge Beach and the City of
Virginia Beach exists here and now from planned boundary expansion by
the Fish and Wildlife Service of the Back Bay National Wildlife
Refuge;
WHERF-AS: The socio-economic consequences to the City of
Virginia Beach, its people and its tax base from planned federal
acquisition of properties therein may be substantial;
WHEREAS: The Environmental Asessment presented by the Fish and
Wildlife Service does not have the supporting documentation readily
available for the public; and, furthermore, inadequately addresses
potential adverse effects to the human environment.
BE IT RESOLVED THAT THE CITY COUNCIL Requests a six month
extension to the com-ment period relative the proposal to expand the
Back Bay National Wildlife Refuge.
ADOPTED the 27 day of February 1989, by the
City Council of the City of Virginia Beach, Virginia.
- 22 -
Item IV-G.4
ORDINANCES/RESOLUTIONS Item # 30824
The following spoke in SUPPORT of the Resolution:
Barry lwanowski, 308 Grebe Crescent, Phone: 721-3991, represented the Back Bay
Citizens Alliance.
The following spoke in OPPOSITION of the Resolution:
Richard W. Whittemore, 313 Pipe Circle, Phone: 426-7245, represented the Back
Bay Restoration Foundation
Upon motion by Councilman Heischober, seconded by Councilwoman McClanan, City
Council ADOPTED, AS AMENDED:
Resolution resolving that the City immediately
pursue acquisition of all lands that may be
necessary for the future widening and/or relocation
of the approximate last mile of Sandbridge Road and
for providing other necessary public services.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, Nancy K. Parker, John L. Perry and
William D. Sessoms, Jr.
Counci I Wmbers Voting Nay:
John D. Moss
Counci I Members Abstaining:
*Mayor Meyera E. Oberndorf
Council Members Absent:
None
*Mayor Oberndorf ABSTAINED as she did not have sufficient knowledge to make the
proper evaluation.
RESOLUTION
WHEREAS: The planned expansion of the Back Bay National
Wildlife Refuge in and around Back Bay, Sandbridge Beach and the City
of Virginia Beach may affect access to the area, inhibit hurricane
evacuation and possibly effect the ability of the City of Virginia
Beach to provide public services to the area;
WHEREAS: There may be a negative impact to the City of
Virginia Beach, its people and its tax base from planned federal
acquisition of properties;
WHEREAS: Transportation in Virginia Beach to the affected
communities may be inadequate and the City is a substantial landowner
in said area.
BE IT NOW THEREFORE RESOLVED: That the City of Virginia Beach
immediately begin negotiations with the appropriate parties for all
lands that may be necessary for the future widening and/or relocation
of the approximate last mile of Sandbridge Road and for providing
other necessary public services.
ADOPTED the 27 day of February 1989, by the
City Council of the City of Virginia Beach, Virginia.
- 23 -
Item IV-G.5
ANNOUNCEMENT Item # 30825
ADD-ON
Mayor Meyera E. Oberndorf RECOGNIZED Troop 496, Tidewater Council PAVAB
District - Ralph Keel, Scoutmaster.
The Scouts were in attendance during the City Council Session.
- 24 -
Item IV-H.1/2.
PUBLIC HEARING Item # 30826
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. PLANNING - RECONSIDERATFON
(a) SAMUEL W. SCOTT, JR./ CHANGE OF ZONING
GRAYSON WHITEHURST, JR.
2. PLANNING
(a) PAUL J. AND JANE B. KARSERAS VARIANCE
(b) CEDAR COVE ASSOCIATES CONDITIONAL ZONING
VARIANCE
(c) W & K ASSOCIATES STREET CLOSURE
(d) DRAGAS HOMES, INC. STREET CLOSURE
(e) JAMES AND MARGIE CAFFEE CHANGE IN A NONCONFORMING
USE
(f) ALWAT ASSOCIATES CHANGE OF ZONING
(g) MISSIONS TO MILITARY, INC. CHANGE OF ZONING
(h) ALBERT N. AND DIANA H. JENSEN CHANGE OF ZONING
(1) J V L ASSOCIATES CONDITIONAL USE PERMIT
(j) HICKORY LAKE ASSOCIATES MODIFICATION TO THE LAND USE
PLAN
(k) B.D. AND CHANDRABALA B. PATEL CHANGE OF ZONING
(1) WITCHDUCK LAKE ENTERPRISE, INC. CONDITIONAL USE PERMIT
(m) CITY ZONING ORDINANCE AMENDMENTS:
Article 1, Sectlon 111, "sign"
Article 2, Section 202, height
limitations for additions to
residential structures.
- 25 -
Item IV-H.l.a.
PUBLIC HEARING
PLANNING Item # 30827
Attorney Charles Salle, 192 Ballard Court, Phone: 490-3000, represented the
applicant.
Upon motion by Councilman Balko, seconded by Councilman Baum, City Council
APPROVED the WAIVER of Condition No. I in the Application of SAMUEL W. SCOTT,
JR., agent for GRAYSON WHITEHURST, JR. in their Change of Zoning from R-4 to
0-1 and from R-5 to 0-1 (approved March 12, 1984) on property located at the
Southeast and Southwest intersections of First Colonial Road and Mill Dam Road
(LYNNHAVEN BOROUGH).
The following condition shall be WAIVED:
1. One ingress and egress point only to be located
opposite Mill Dam Road.
The developer shall be allowed one point of ingress/egress on the 0-2 property
located to the southeast of Collection Creek Way. The proposed access would be
located at the existing median opening on First Colonial Road.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E,
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
- 26 -
Item IV-H.2.a.
PUBLIC HEARING
PLANNING Item # 30828
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant.
Upon motion by Counc i I man Ba I ko, second ed by Counc i I man Sessoms , City Counc i I
APPROVED the Appl ication of PAUL J. and JANE B. KARSERAS for a variance to
Section 4.4(b) of the Subdivi sion Ordinance which requires al I lots created by
subdivision to meet all requirements of the City Zoning Ordinance.
Appeal from Decisions of Administrative Off ices in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Paul J. & Jane B.
Karseras. Property is located at 1422-A North
Woodhouse Road. Plats with more detailed
information are available in the Department of
Planning. LYNNHAVEN BOROUGH.
1. The appl icant shal I increase the sidel ine setback
twenty-five (251) from the adjacent property.
Voting: 7-4
Counci I Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Reba S. McClanan, John
L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Barbara M. Henley, John D. Moss, Mayor Meyera E.
Oberndorf and Nancy K. Parker
Counci I Members Absent:
None
- 27 -
Item IV-H.2.b.(I)
PUBLIC HEARING
PLANNING Item # 30829
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant.
Edward C. Atkinson, 2028 Ridge End Road, Phone: 481-6794, spoke in Opposition
Upon motion by Counci Iman Balko, seconded by Counci [man Heischober, City
Counci I ADOPTED an Ordinance upon appl ication of CEDAR COVE ASSOCIATES for a
Conditional Zoning Cid5sification:
ORDINANCE UPON APPLICATION OF CEDAR COVE ASSOCIATES
- GENERAL PARTNER, JOE ADDINGTON, JR. FOR A
CONDITIONAL ZONING CLASSIFICATION FROM R-40 TO R-30
Z02891232
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon appl ication of Cedar Cove Associates
- General Partner, Joe Addington, Jr., for a
Conditional Zoning Classification from R-40
Residential District to R-30 Residential District
on certain property located at the southeast corner
of Adam Keeling Road and West Twin Cove Road. Said
parcel contains 26.976 acres. Plats with more
detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
1. The ag reement encompass i ng the prof f ers sha I I be
recorded with the Clerk of the Circuit Court and is
hereby made a part of the proceedings.
2. City Staff to study five-year (5) reservation to
determine useage to the City's best advantage.
This Ordinance shal I be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
seventh Day of February, Nineteen Hundred and Eighty-nine.
- 28 -
Item IV-H.2.b.(l)
PUBLIC HEARING
PLANNING Item # 30829 (Continued)
Voting: 9-2
Counci I Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Voyor Robert E.
Fentress, Harold Heischober, Reba S. McClanan, John
D. Moss, Nancy K. Parker, John L. Perry and Wi I I lam
D. Sessoms, Jr.
Counci I Members Voting Nay:
Barbara M. Henley and Mayor Meyera E. Oberndorf
Council Members Absent:
None
Cedar Cove Associates,
a Virginia limited partnership
TO (COVENANTS AND CONDITIONS)
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made this 17th day of January, 1989,
by and between Cedar Cove Associates, a Virginia limited
partnership, collectively Grantor, party of the first part, and
CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, Grantee, party of the second part,
W I T N E S S E T H
WHEREAS, Grantor is the owner of a certain parcel of
property located in the Lynnhaven Borough of the City of
Virginia Beach, containing 26.976 acres, and described in
schedule "A" attached hereto and incorporated herein by this
reference, said property hereinafter referred to as the
"Property"; and
WHEREAS, the Grantor has initiated a conditional
amendment to the Zoning Map of the City of Virginia Beach,
Virginia, by petition addressed to th6 Grantee so as to change
the zoning classification of the property from R-40 District to
R-30 District; and
WHEREAS, the Grantee's policy is to provide only for
the orderly development of land for various purposes, including
various residential purposes, through zoning and other land
development legislation; and
WHEREAS, the Grantor acknowledges that the competing
and sometimes incompatible development of various types of
residential uses conflict and that in order to permit differing
types of uses on and in the area of the Property and at the
same time to recognize the effects of change and the need for
GUY, CROMWELL, BETZ
LUSTIG. P.C. recreational facilities and open space in the area, certain
T L..
reasonable conditions governing the use of the Property for the
protection of the community that are not generally applicable
to land similarly zoned are needed to cope with t:he situation
to which the Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proferred, 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 with respect to the Property, the following reasonable
conditions related to the physical development, operation, and
use of the Property to be adopted as a part of said amendment
to the Zoning Map relative and applicable to the Property,
which has as reasonable relation to the rezoning and the need
for which is generated by the rezoning;
NOW, THEREFORE, the Grantor, for themselves, their
successors, personal representatives, assigns, 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 cruo for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby makes the following declaration of
conditions and restrictions which shall restrict and govern the
physical development, operation, and use of the Property and
hereby covenants and agrees that this declaration shall
constitute covenants running with the Property, which shall be
binding upon the Property and upon all parties and persons
claiming under or through the Grantor, their successors,
personal representatives, assigns, grantees, and other
successors in interest or title:
1. If recreational space is required by Grantee, the
Property shall be subdivided into residential building lots for
single family detached homes at a density not to exceed
twenty-nine (29) lots.
2. If recreational space is not required by Grantee,
GUY, CROMWELL. BETZ the Property shall be subdivided into residential building lots
& LUSTIG, P,C.
.TT ... @l@ .1 I.. for single family detached homes at a density not to exceed
thirty (30) lots.
2
The above condition, having been proferred by the
Grantor and allowed and accepted by the Grantee as part of the
amendment to the zoning ordinance, shall continue in full force
and effect until a subsequent amendment changes the zoning of
the Property and specifically repeals such condition. Such
condition shall continue despite a subsequent amendment to the
zoning ordinance even if the subsequent amendment is part of a
comprehensive implementation of a new or substantially revised
zoning ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written
instrument recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, and executed by the record owner
of the Property at the time of recordation of such instrument,
provided 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 which was advertised
pursuant to the provisions of Section 15.1-431 of the Code of
Virginia, 1950, as amended. Said ordinance or resolution shall
be recorded along with said instrument as conclusive evidence
of such consent, and if not so recorded, said instrument shall
be void.
All references hereinabove to R-40 and R-30 Districts
and to the requirements and regulations applicable thereto
refer to the Comprehensive Zoning Ordinance and Subdivision
Ordinance of the City of Virginia Beach, Virginia, in force as
of the 30th day of January, 1989, which are by this reference
incorporated herein.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia
Beach, Virqinia, shall be vested with all necessary authority,
Uy. CROMWELL, BETZ on behalf of the governing body of the City of Virginia Beach,
& LUSTIG, P.C.
Virginia, to administer and enforce the foregoing conditions
and restrictions, including the authority (a) to order, in
3
writing, that any noncompliance with such conditions be
remedied, and (b) to bring legal action or suit to insure
compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages, or other
appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and
restrictions shall constitute cause to deny the issuance of any
of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning
Administrator, made pursuant to these provisions, the Grantor
shall petition 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, and the ordinances 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 they shall be recorded in the Clerk's office of
the Circuit Court of the City of Virginia Beach, Virginia, and
indexed in the names of the Grantor and the Grantee.
The foregoing conditions and restrictions may also be
enforced by any person residing in a nearby neighborhood or by
any civic leagues representing any nearby neighborhoods, which
civic leagues shall be deemed to be persons with standing to
sue with respect to any legal action brought to enforce the
foregoing conditions and restrictions.
WITNESS the following signature and seal
Cedar Cove Associates,
a Virginia limited partnership
.UY. CROMWELL, BETZ By:- (SEAL)
& LUSTIG, P.C.
er
4
State of Virginia,
City of Virginia Beach, to wit:
he foregoing ,instrument was acknowledged before me
this )VT day of 19 8 9 by Joseph C.
Addington, Jr., a gene, f Cedar Cove Associates, a
Virginia limited partnel alf of said partnership.
lic
my Commission Expires
0417b
GUY, CROMWELL, BETZ
& LUSTIG, P.C.
.1 ... @Yl T
5
EXHIBIT A
ADDINGTON PROPERTY
Parccl I
Beginning at a pin at the southeast corner of the
intersection of West Twin Cove Road and Adam Keeling Road, thence
in an easterly direction along the southern right-of-way line of
Adam Keeling Road with the arc of a circular curve to the right,
whose radius is 482.76 feet, an arc distance of 29.41 feet to a
pin; thence S 681 591 52" E, 78.70 feet to a pin, thence in an
easterly direction along a circular curve to the left having a
radius of 731.20 feet and an arc distance of 253.93 feet to a
pin; thence S 881 531 42" E, 382.02 feet to a pin; thence S 881
22' 4611 E, 580.72 feet to a pin; thence S 01' 321 0511 W, 598.35
feet to a pin, said pin being a point in the northern
right-of-way of Woodside Lane; thence in a southwesterly
direction along said lane S 701 311 0311 W, 491.97 feet to a pipe;
thence S 65* 101 2111 W, 394.99 feet to a pine stump; thence
leaving said Woodside Lane S 711 241 3911 W, 394.15 feet to a
pipe; thence N 251 451 1311 W, 438.06 feet to a pin; thence along
the eastern line of West Twin Cove Road, N 04' 261 59" E, 749.66
feet to a pin; thence along the arc of a circular curve to the
tight having a radius of 25.00 feet, an arc distance of 44.97
feet to a pin, said pin being the place and point of beginning.
The above described parcel is described as property of Cedar
Cove Associates And 6ontains 26.976 acres.
January 6, 1989
- 29 -
Item IV-H.2.b.(2)
PUBLIC HEARING
PLANNING Item # 30830
Tuck Bowie, 1709 Oxen Oc)urt, Phone: 340-0322, represented the appl icant
OPPOSITION:
Attorney Wi 1 1 iam Bischoff , One Columbus Center, Phone: 490-6000, represented
Mr. and Mrs. Dona I d Russe I I (owners of 2957 Adam Kee I i ng Road) . Attorney
Bischoff spoke only in OPPOSITION to the elimination ot curb and gutter from
Adam Keeling. Attorney Bischoff presented a sketch by an engineer containing
both a swale and curb and gutter as a solution to addressing the environmental
concerns. (Said sketch is hereby made a part of the record.)
A. C. Copeland, 1958 Woodside Lane, presented a petition containing 29
signatures and requested curb and gutter be installed along Woodside Lane.
(Said petition is hereby made a part of the record.)
Colonel John H. Getgood, represented eight (8) residents of Adam Keeling Road
and spoke in support of curb and gutter on Adam Keeling Road. Colonel Getgood
presented photographs depicting residences on Adam Keeling Road.
A MOTION was made by Councilman Balko, seconded by Councilman Perry to APPROVE
application of CEDAR COVE ASSOCIATES - General Partner, Joe Addington, Jr., on
property located at the Southeast corner of Adam Keeling Road and West Twin
Cove Road, containing 26.976 acres (LYNNHAVEN BOROUGH) for a Variance to
Section 5.5(a) of the Subdivision Ordinance which requires lots created by
subdivision to install curb and guttering. The curb and gutter shall be
installed on Adam Keeling Road and Woodside Lane. The City Staff and developer
shall determine whether curb and gutter shall be installed within the interior
of the proposed development.
A SUBSTITUTE MOTION was made by Councilman Sessoms, seconded by Councilwoman
McClanan to approve application of CEDAR COVE ASSOCIATES - General Partner, Joe
Addington, Jr., on property located at the Southeast corner of Adam Keeling
Road and West Twin Cove Road, containing 26.976 acres (LYNNHAVEN BOROUGH) for a
Variance to Section 5.5(a) of the Subdivision Ordinance which requires lots
created by subdivision to install curb and guttering as per the recommendation
of the Planning Commission and City Staff.
Voting: 4-7 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
John A. Baum, Harold Heischober, Reba S. McClanan,
and William D. Sessoms, Jr.
Council Members Voting Nay:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Barbara M. Henley, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Absent:
None
- 30 -
Item IV-H.2.b.(2)
PUBLIC HEARING
PLANNfNG Item # 30830 (Continued)
Upon motion by Counci Iman Balko, seconded by Oounci Iman Perry, City Counci I
APPROVED the application of CEDAR COVE ASSOCIATES - General Partner, Joe
Addington, Jr., for a Variance to Section 5.5(a) of the Subdivision Ordinance
which requires lots created by subdivision to install curb and guttering.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Cedar Cove Associates.
Property is located at the southeast corner of Adam
Keeling Road and West Twin Cove Road. Plats with
more detailed information are available in he
Department of Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. The curb and gutter shall be installed on Adam
Keeling Road and Woodside Lane
2. The City Staff and developer shall detertnine
whether curb and gutter shall be installed within
the interior of the proposed development.
Voting: 7-4
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Barbara M. Henley, John D. Nbss, Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Oouncil Members Voting Nay:
John A. Baum, Harold Heischober, Reba S. McClanan,
and William D. Sessoms, Jr.
Council Members Absent:
None
- 31 -
Item IV-H.2.c.
PUBLIC HEARING
PLANNING Item # 30831
Attorney Jeffrey B. Hammaker, 3209 Stapleford Chase, Phone: 486-16592,
represented the applicant
A MOTION was made by Counci [man Moss, seconded by Counci [woman Parker to
APPROVE the the application of W & K ASSOCIATES for the discontinuance, closure
and abandonment of a portion of Whitehurst Landing Road beginning on the West
side of Kempsvi I le Road, 94.52 feet South of Whitehurst Landing Road and
running in a Northerly direction a distance of 150.16 feet, variable in width
and containing 12,462.6 square feet (KEMPSVILLE BOROUGH). The ultimate
disposition of this right-of-way shall be by purchase.
Upon SUBSTITUTE MOTION by Councilman Heischober, seconded by Councilman
Sessoms, City Counci I APPROVED, subject to compl iance by the City Counci I
Meeting of August 28, 1989, the appl ication of W & K ASSOCIATES for the
discontinuance, closure and abandonment of a portion of Whitehurst Landing
Road.
Application of W & K Associates, A Virginia General
Partnership, for the discontinuance, closure and
abandonment of a portion of Whitehurst Landing Road
beginning on the west side of Kempsvi I [e Road,
94.52 feet south of Whitehurst Landing Road and
runn i ng in a northerly direction a distance of
150.16 feet. Said parcel is variable in width and
contains 12,462.6 square feet. Plats with more
detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH.
The following conditions shall be required;
1. The ultimate disposition of this right-of-way shall
be at no cost to the applicant.
2. Resubdivision of the property and vacation of
internal lot lines to incorporate the closed area
into adjoining parcels, as well as to ensure that
all lots have access to a public street. The small
parcel located between Whitehurst Land i ng Road,
Kempsville Road and the portion of Whitehurst
Landing Road proposed for closure must not be left
as an isolated parcel.
3. A thirty-foot (301) utility easement or any lesser
amount agreed to by Public Utilities, centered over
the existing sewer line located in the right-of-way
proposed for closure, shall be dedicated to the
City of Virginia Beach. In addition, the existing
twenty-foot (201) utility easement which runs from
Glamis Court to Whitehurst Landing Road on
properties adjacent to the proposed street closure,
shall be increased to thirty-feet (301) or any
lesser width agreed to by the Department of Public
Utilities.
- 32 -
Item IV-H.2.c..
PUBLIC HEARING
PLANNING Item # 30831 (Continued)
4. The existing twenty-foot (201) drainage easement
must be continued across the right-of-way proposed
for closure to Whitehurst Landing Road. A drainage
easement satisfactory to Public Works Engineering
shall be dedicated to the City of Virginia Beach.
5. The appl icant shall submit to the City Attorney's
office a revised ordinance closing the street. The
redraft shall include a "save and except" clause
for the easements referenced in conditions #3 and
#4.
6. The applicant is responsible for making
arrangements to accommodate any non-municipal
utilities which may be located in the right-of-way
proposed for closure.
7. Closure of the right-of-way shall be contingent
upon compliance with the above stated conditions
within one-hundred eighty (180) days of the
approval by City Council (August 28, 1989).
Voting: 6-5
Council Members Voting Aye:
Albert W. Balko, John A. BaLin, Vice Mayor Robert E.
Fentress, Harold Heischober, John L. Perry and
William D. Sessoms, Jr.
Council Members Voting Nay:
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Mayor Wyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
None
ORDINAN@E NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF KNOWN AS WHITEHURST LANDING ROAD,
BEING THIRTY FEET IN WIDTH AND LYING
BETWEEN THAT PORTION OF WHITEHURST LANDING
ROAD WHICH IS SIXTY FEET IN WIDTH AND
KEMPSVILLE ROAD.
WHEREAS, it appearing by Affidavit that proper
notice has been given by W & K Associates, a Virginia general
partnership, that it would make application to the Council of
the City of Virginia Beach on , 198-
to have the hereinafter described street discontinued,
closed, and vacated; and
WHEREAS, it is the Judgment of the Council that
said street be discontinued, closed and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of
Virginia Beach, Virginia that the hereinafter described
street be discontinued, closed and vacated and more
particularly described on the attached Exhibit A and be
reference thereto made a part hereof.
Said parcel of land is shown on that certain plat
entitled "EXHIBIT PLAT OF PARCEL "All AT BIRNAM WOODS (REF: MB
119, P 54)" dated September 14, 1988 and prepared by Talbot &
Associates, Ltd.
SECTION II
A certified copy of this Ordinance shall be
recorded in the Clerk's Office of the City of Virginia Beach,
Virginia indexed in the name of the city of Virginia Beach.
SECTION III
Adopted by the Council of the City of Virginia
Beach, Virginia on the _ day of , 198-.
APPROVED: February 27, 1989 SUBJECT TO COMPLIANCE BY August 28, 1989
jbh/docs/dwa.ordclos
2
EXHIBIT
All that portion of Whitehurst Landing Road being
thirty (30) feet in width as shown on the attached
plat entitled "EXHIBIT PLAT OF PARCEL "A" AT BIRNAM
WOODS (REF: MB 119, P 54)" dated September 14, 1988
and prepared by Talbot & Associates, Ltd., and
being more particularly described as follows:
Beginning at a point in the northern right of way
line of KEMPSVILLE ROAD (VARIABLE R/W), which said
point is the northwestern intersection of
WHITEHURST LANDING ROAD (30'R/W) and KEMPSVILLE
ROAD (VARIABLE R/W) as shown on said plat and from
said point of beginning, thence turning and running
N 20'1214211 W 256.45 feet to a point in the
southern right of way line of WHITEHURST LANDING
ROAD (601 R/W) as shown on said plat; thence
turning and running in a southeasterly direction
along a curve to the left having a radius of 290.29
feet, a distance of 70.08 feet to a point, which
said point is in the eastern line of WHITEHURST
LANDING ROAD (301 R/W) as shown on said plat;
thence turning and running S 20'1214211 E 150.16
feet to a point which said point is in the northern
right of way line of KEMPSVILLE ROAD (Variable R/W)
as shown on said plat; thence turning and running
along said northern right of way line of KEMPSVILLE
ROAD (Variable R/W) along a curve to the left
having a radius of 131.19 feet, a distance of 12.70
feet; thence continuing along said northern right
of way line of KEMPSVILLE ROAD (Variable R/W) along
a curve to the left having a radius of 936.34 feet,
a distance of 39.88 feet to a point, being the
point of beginning. A copy of said plat visually
describing the portion of the street referenced
herein is on file in the City Attorney's office of
the City of Virginia Beach.
(10/22/88)
3
- 33 -
Item IV-H.2.d.
PUBLIC HEARING
PLANNING Item # 30832
Attorney R. J. Nutter, II, 2809 South Lynnhaven Road, Phone: 431-3100,
represented the applicant
Upon motion by Councilman Balko, seconded by Councilman Sessoms, City Council
AUTHORIZED FINAL APPROVAL of an Ordinance upon application of DRAGAS HOMES,
INC. for the discontinuance, closure and abandonment of a portion of Cape Henry
Drive.
Applicant of Dragas Homes, Inc., for the
discontinuance, closure and abandonment of a
portion of Cape Henry Drive beginning at the
northeast corner of Cape Henry Drive and Jetty
Street and running in an easterly direction a
distance of 165.65 feet. Said parcel contains 4141
square feet. LYNNHAVEN BOROUGH.
Voting: 8-3
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, John D. Moss, Nancy K.
Parker, John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Barbara M. Henley, Mayor Meyera E. Oberndorf and
Reba S. McClanan
Council Members Absent:
None
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING
AND DISCONTINUING A PORTION OF THAT
CERTAIN STREET OF VARIABLE WIDTH KNOWN
AS CAPE HENRY DRIVE (FORMERLY HOLLY
AVENUE) AS SHOWN ON THAT CERTAIN PLAT
ENTITLED "PLAT SHOWING PORTION OF CAPE
HENRY DRIVE (FORMERLY HOLLY AVENUE)
CONTIGUOUS TO LOT 11, BLOCK 7, PLAT OF
LYNNHAVEN SHORES, LYNNHAVEN BOROUGH -
VIRGINIA BEACH, VIRGINIA TO BE CLOSED,
VACATED AND DISCONTINUED".
WHEREAS, it appearing by Affidavit that proper
notice has been given by Dragas Homes, Inc. that it would
Taake application to the Council of the City of Virginia Beach
on August 8, 1988 to have the hereinafter described street
discontinued, closed, and vacated; and
WHEREAS, it is the Judgment of the Council that
said street be discontinued, closed and vacated;
NOW, THEREFORE,
SECTION
BE IT ORDAINED by the Council of the City of
Virginia Beach, Virginia that the hereinafter described
street be discontinued, closed and vacated and more
particularly described on the attached Exhibit A and be
reference thereto made a part hereof.
Said parcel of land containing .095 acres is shown
on that certain plat entitled "Plat Showing Portion of Cape
Henry Drive (Formerly Holly Avenue) Contiguous to Lot 11,
Block 7, Plat Of Lynnhaven Shores, Lynnhaven Borough -
Virginia Beach, Virginia To Be Closed, Vacated And
Discontinued", dated June 21, 1988 and prepared by Rouse-
Sirine Associates, Ltd.
SECTION 11
A certified copy of this ordinance shall be
recorded in the Clerk's Office of the City of Virginia Beach,
Virginia indexed in the name of the City of Virginia Beach.
SECTION ill
This ordinance shall be in effect BiXty (60) days
from the date of its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia on the day of 1988.
sks/dragas/ord.clos
FINAL APPROVAL: February 27, 1989
2
F 19153-
PROPERTY LINE INFORMATION SHOWN HEREON IS BASED ON PLATS OF RECORD AND IS SUBJECT
TO FIELD VERIFICATION.
AREA OF STREET TO BE VACATED 4141 SO. FT = 0.095 ACRF.
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JETT (,,d R/W) STREET
PLAT SHOWING
PORTION OF CAPE HENRY DRIVE (FORMERLY HOLLY AVENUE)
CONTIGUOUS TO LOT I 1, BLOCK 7, PLAT OF LYNNHAVEN SHORES
LYNNHAVEN BOROUGH-VIRGINIA BEACH,VIRGINIA (M@ B. 7, P 16 7)
TO BE CLOSED, VACATED AND DISCONTINUED
SCALE: I " = 20' JUNE 21, 1988
F?OUSE - SIF:?INE ASSOCIATES, LTD.
SUFtVLrYOPtS AND ENGINEERS
VI)ROINIA 93EACH. VIF?GINIA
- 34 -
Item IV-H.2.e.
PUBLIC HEARING
PLA,NNING Item # 30833
Wallace B. Smith, 464 Rudder Road, represented the applicant
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council
ADOPTED:
Resolution Authorizing the Reconstruction and
Enlargement of the Nonconforming Residential
Structure located at 464 Rudder Road property of
James and Margie Caffee.
Application of James and Margie Caffee for a change
in a nonconforming use on property located at 464
Rudder Road. Said parcel contains 6,000 square
feet. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. The applicant intends to replace the existing three
bedroom, 1,273 square-foot single family dwelling
with a new three bedroom, 1,178 square-foot single
family dwelling with an attached 358 square-foot
garage. The total area of the proposed structure
is 1.536 square-feet.
2. The submitted site plan depicts the existing
structure as having side yard setbacks measuring
approximately five-feet (5') and fifteen-feet
(15'). The proposed structure shall have nine-foot
(9') sideyard setbacks.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 RESOLUTION AUTHORIZING THE
2 RECONSTRUCTION AND ENLARGEMENT OF
3 THE NONCONFORMING RESIDENTIAL
4 STRUCTURE LOCATED AT 464 RUDDER
5 ROAD PROPERTY OF JAMES AND MARGIE
6 CAFFEE
7 WHEREAS, James and Margie Caffee, (hereinafter the
8 "Owners") are the owners of 464 Rudder Road, in the City of
9 Virginia Beach, Virginia, (hereinafter the "Property") as shown
10 on that certain survey entitled "SITE PLAN LOT 21 REVISED PLAT
11 NORTH DUKE TOWN," (hereinafter "Survey") a copy of which is
12 attached hereto as Exhibit "A;" and
13 WHEREAS, the Owners' existing dwelling as shown on the
14 Survey was declared by City agencies as uninhabitable and
15 unrepairable; and
16 WHEREAS, the Owners have temporarily relocated to other
17 housing while their deteriorated one-story residential structure
18 as shown on the Survey is being demolished; and
19 WHEREAS, the Owners have been granted housing
20 assistance through the City Department of Housing and Community
21 Development to construct a three bedroom, 1,178 square foot
22 single family dwelling with an attached 358 square foot garage to
23 replace the existing three-bedroom, 1,273 square foot single
24 family dwelling. The total area of the proposed structure is
25 1,536 square feet; and
26 WHEREAS, the Property is zoned A-12, (Apartment
27 District), as shown on the zoning map, a copy of which is
28 attached hereto as Exhibit "B;" and
29 WHEREAS, the present use and pre-existing structure do
30 not conform to the provisions of the City zoning ordinance
31 because single family dwellings are not allowed in the A-12,
32 Apartment District; and
33 WHEREAS, pursuant to Section 105(d) of the City Zoning
34 Ordinance, City Council may authorize the extension of a
35 nonconforming use if Council finds that the use as is equally
3 6 appropriate or more appropriate to the zoning district than is
37 the existing nonconformity.
38 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
39 CITY OF VIRGINIA BEACH, VIRGINIA:
40 That City Council hereby finds the conversion of the
41 nonconforming use of the single family dwelling located at 464
42 Rudder Road, Virginia Beach, Virginia, as shown on the attached
43 Exhibit "A", is equally appropriate or more appropriate to the
44 zoning district in which they are located than is the existing
45 nonconformity; and the City Council hereby authorizes the
46 enlargement or extension of the nonconforming use in the manner
47 shown on the attached Exhibit "A," provided extension of the use
48 complies with all building, site plan and other requirements of
49 the City of Virginia Beach.
50 Adopted by the Council of the City of Virginia Beach,
51 Virginia on the 27 day C)f February 1989.
52 GLF/rcp/epm
53 02/10/89
54 CA-3163
55 ordin\noncode\caffee.res
2
EXHIBIT. "A" CAFFEE
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EX. SIN(;LE rA MILY f?EW-
To BE REMOVEV
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-248 fa OLO VA. BE 4,0" I
PROP sco
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113 7je, (LELR
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4 PLAN,
LOT '2 1
NEVISEII rL.4r
NORTH OUI@E TOWN
EXHIBIT "B"
OD
rn;
10,
DISCLOSI)RE STATEMEIIT
ATE
tIE (S) OF APPLICANT(S) James and Margie Caffee
ME(S) Or ALL OWNERS.(if different frofn applicant)
PE OF APPLICATION:
Rezoning from t:o
Conditional Use Permit for
Street Clonure
Subdivision,variance
Change in a nonconformi,ng use,
BE COMPLETED BY OR FOR TIIE APPLICANT:
If the applicant is a corporation, li3t the officers of tlie corporation:
N/A
if tlie applicant is a partnership, firin or ottler tinincorporateci
organization, list all members or partners in the organization:
N/A
BE COTIPLETED BY OR FOR TIIE OWNER (if different from applicant)
If the owner is a corporation, list tile officers of the corporation:
N/A
If the owner is a partnersiiip, firm or otller tinincorpora ted organization
list all meitibers or partners in tile organization:
N/A
aLe lloiiconforiiiiiig IJSE [ZeSOlLItion #
Recellit #
CITY OF VIRGIIIIA BEACII
APPLICATIOII FOR TIIE EIILAIIGE14EIlT. EX'IEIISIOII, IlEt-OCATIOIJ
Oil COIIVEIZSIOII OF A [IOIICOIIFORI,illiG USE
tlie Ifoiioral)le Cotincil
Ity of Virginla Beacli, Virginia
t-le , James and Margie Caffee tlie
tier, I)rosl)ective occill),Int. (i v IOI)et@, ol)Lioiiee, lessee of tlie prop(,rty
scril)ed I)elovi al)l)ly for ail Enlargeiiieilt, Exterisloii, l@L@locitioii, or Cotiversion
f a lloticoriforiniiiq Use as re(itilred by Llie Coiiil)relietisive Zonitig Orditialice of
'e CitY of Virginla Beacli. 1973.
Legal I)escription of Prol)erty
A. Locatioii li614 Rudder Road
t@r e-e -@Aa @l r e-s s
Subdivis Ion North Duke Town Lot 14Linibers 21
Block
I.iap Book 23 Page liunil)er 49 Acreage Borougli Lynnhaven
B. [3otiii(lary Descrilition A part of Lot 33 - Oceana Gardens, Princess Anne County,
Virginia
llote: A I)Iiysical SLirvey to scile slioviiilg I)eiritigs an(I (listarice is
re(Itiire(I to acconipany tliis . al)pllcatioll. All 1)lats nikist itidicate
IiiLersectiiiq riglits-of-viay. (i col)y)
A stit@enietit, vlgti(,(l I)y tlie il)l)licitiL, tiiiist I)e itticiii!(l cl('.scrll)ltig Lll('.
existliig tioli(-.oilfot@[Tiltig tise tfl(l Llie I)t-ol)os(,(] cliati(je. @llils (les(:rll)tlori
sliotil(i corilain any inforniatioti tliat Llie ilil)li(,ant wislies (',olisi(lered I)y
tlie staff (]tiring review. Iiiforniation sliotil(I t)e,provicled tliat liell)s
(lescril)p liotq iiiifiy, wlien ili(l wliit. Pleise iritlicale tlie (I(ite ori
wlilcli tlie exlstltig tioricoiiforiiiiiig tise wiis esLiil)llslie(l. Also, (](!Scrll)e
liow tlie I)rol)ose(I cliarige to Llic rioricotifot,llllll(j lise is eiltially
or niore al)l)rol-)riate to tlie dlstrict tliaii @lie existiiig noi)coriforillity.
Tlie apl)llcition stiall [)e acconil),itile(i I)y a 1)reliiiiiiiary plan slio%qlilg Llie
acttial (IlTiiensions and sli(il)e of tlie lot, tlie exact slzes alid locallot)s
oti tlie lot of existitig an(] prol)ose(I sLriicLtires. if atiy, an(I tlie existirig
aiid I)rol)osed tises or strl]cttires ati(I ol)en areas; antl I)y sticil all(litlonal
inforniaLlon relating to tol)ogral)liy, acceSS, alld SLirrOLinding land Lises
as necessary. (7 copies) L
$125.00 is 1)(il(I lierewitli. (Clieck or nioriey or(ler miist I)e ifia(le payalile
Lo freastirer, City of Virglnla Beacli, Virgirita.)
Iloes iii official or enil)loyee of tlie City of Virginia liave an inlerest
in tli(! sttl)ject liii(l? Yes lio x If tlit, iiis@-ier Is yes, niiiiie tlie
official or tlie eiiil)loyee a d ii t N/A
@a ure of liilerest-
If al)l)ii(,,ariL Is ollier Lli(tii o,,iii(,r, tlie o%-iti(.,r Is re(itilrv.(l to 1),irLicII)ate
-is ell a 0
iiecessiry iii ftilfilliiig 'ariy coritlitloii or re(itili,eiii ts ai)l)t- v d by
City Council.
I certify Llie liiforiiiatigri cotitairied liereiri Is triie ati(I aCCLirate.
S I gried
S I giiet'
Cl 1, IIcar t (Adarl 1)
Do not fill in below tliis lirie
------------------------- ----------- 7 ---------------------------------------
omniission
e c oiiityie ri(ii L i o n.- Apl)rove(i 1) e n i e (I 1-iorl I f I e (I 1),1 L e
ct Ion Of- COLIliCi 1 A 1) 1) ro v e (F-[) e ii i e (1-1.1 0 (I I f I (! (I -[),l L e
CAFFEE
NONCONFORMINQ- USE
P. r. L I L A, N F-
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to ft A C V4 -T 'I P SitArALE FA.M RESIlDr=NCL-
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0-vobn tPAR-r-
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4rf RUPC)gEFt ROAR>
- 35 -
Item IV-H.2.f.
PUBLIC HEARING
PLANNING Item # 30834
Attorney George Darden, 305 30th Street, Phone: 428-5075, represented the
applicant.
Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council
ADOPTED an Ordinance upon application of ALWAT ASSOCIATES for a Change of
Zoning:
ORDINANCE UPON APPLICATION OF ALWAT ASSOCIATES FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-
5D TO 0-1 Z02891233
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of ALWAT Associates for
a Change of Zoning District Classification from R-
5D Residential Duplex District to 0-1 Office
District on certain property located at 4883 Bonney
Road. Said parcel contains 1.065 acres. Plats with
more detialed information are available in the
Department of Planning. KEMPSVILLE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
seventh Day of February, Nineteen Hundred and Eighty-nine.
Voting: 11-0
Council @lembers Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting @Nay:
l@one
Council Members Absent:
None
- 36 -
Item IV-H.2.f.
PUBLIC REARING
PLANNING Item # 30835
Reverend Keith H. Davey, 4713 Regal Court, Director of Missions To Military,
Inc., represented the applicant.
Upon motion by Councilman Perry, seconded by Vice Mayor Fentress, City Council
ADOPTED an Ordinance upon application of MISSIONS TO MILITARY, INC. for a
Change of Zoning:
ORDINANCE UPON APPLICATION OF MISSIONS TO MILITARY,
INC. FOR A CliANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-5D TO B-2 Z02891234
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGTNIA
Ordinance upon application of Missions to Military,
Inc., for a Change of Zoning District
Classification from R-5D Residential Duplex
District to B-2 Community Business District on the
north side of Shell Road, 1300 feet more or less
west of Downs Lane. Said parcel is located at 5632
Shell Road and contains 1.78 acres. Plats with more
detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
seventh Day of February, Nineteen Hundred and Eighty-nine.
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Mayor
Meyera E. Oberndorf, Nancy K. Parker, John L. Perry
and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan and John D. Moss
Council Members Absent:
None
- 37 -
Item IV-H.2.h.
PUBLIC HEARING
PLANNING Item # 30836
Albert Jensen, 654 South Atlantic Avenue, Phone: 428-6801, represented the
applicant
Upon motion by Councilman Balko, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of ALBERT N. AND DIANA H. JENSEN for a
Change of Zoning:
ORDINANCE UPON APPLICATION OF ALBERT N. AND DIANA
H. JENSEN FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-10 TO I-1 Z02891235
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Albert N. & Diana H.
Jensen for a Change of Zoning District
Classification from R-10 Residential District to
1-1 Light Industrial District on the west side of
South Birdneck Road, 549.30 feet south of Jackson
Lane. Said parcel contains 17,424 square feet.
Plats with more detailed information are available
in the Department of Planning. LYNNHAVEN BOROUGH.
The Board of Zoning Appeals imposed a condition on the Variance which runs with
the land so as to protect the neighbors. The condition is: "No buildings shall
be permitted on the property so long as the adjacent property is used for
residential purposes. The R-10 parcel will be used only for access and
identification sign, utilities and drainage, for landscaping and some curb and
gutter and parking on the very western edge from Birdneck Road."
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
seventh Day of February, Nineteen Hundred and Eighty-nine.
- 38 -
Item IV-H.2.h.
PUBLIC HEARING
PLANNING Item # 30836
Voting: 8-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John L. Perry and William D. Sessoms,
Jr.
Council Members Voting Nay:
Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Abstaining:
*John D. Moss
Council Members Absent:
None
Councilman Moss ABSTAINED as due to the delay in providing sufficient
information, Councilman Moss felt he c,uld not ake an informed judgment.
- 39 -
Ttem IV-H.2.i.
PUBLIC HEARING
PLANNING Item # 30837
Attorney James Pickrell, 300 Bank of the Commonwealth Building, 403 Boush
Street, Norfolk, Phone: 672-8365, represented the applicant and presented site
plans which are hereby made a part of the record.
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City
Council ADOPTED an Ordinance upon application of J.V.L. ASSOCIATES, Virginia
General Partnership, for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF J.V.L. ASSOCIATES, A
VIRGINIA GENERAL PARTNERSHIP, FOR A CONDITIONAL USE
PERMIT FOR MINI-WAREHOUSES R02891199
BE TT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA
Ordinance upon application of J.V.L. Associates, a
Virginia General Partnership, for a Conditional Use
Permit for mini-warehouses on 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.
The following conditions shall be required:
1. The utilization of Best Management Practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site and in
keeping with the recommendations of the proposed
Back Bay/North Landing River Management District.
2. A variable width right-of-way reservation will be
required for the portion of this site adjacent to
Oceana Boulevard. Approximately thirty-seven-feet
(37') will be needed to accommodate the planned
widening of Oceana Boulevard. A revised site plan
acknowledging this reservation must be submitted to
the Planning Department and made a part of the
official conditional use permit file.
3. Although not shown on the submitted site plan,
Category VI landscaping must surround this entire
site. A revised site plan acknowledging this
requirement must be submitted to the City Planning
Department and made a part of the official
conditional use permit file.
4. Eight-foot (8') fence shall surround the entire
area. Category I Landscaping shall be installed
in front of the building.
5. All lighting shall be directed toward the interior
of the applicant's property away from the
residential neighborhood.
- 40 -
Ttem IV-H.2.i.
PUBLTC HEARING
PLANNING Item # 30837 (Continued)
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
seventh Day of February, Nineteen Hundred and Eighty-nine.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndarf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
BLVD-
CEANA
7,1
- 41 -
Item IV-H.2.i.
PUBLIC HEARING
PLANNING Iteri # 30838
Upon motion by Councilwoman McClanan, seconded by Councilman Moss, City Council
DENIED an Ordinance upon application of HICKORY IAKE ASSOCIATES for a
Modification to the Land Use Plan for the Green Run PD-H:
ORDINANCE UPON APPLICATION OF HICKORY LAKE
ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP FOR A
MODIFICATION TO THE LAND USE PLAN FOR THE GREEN RUN
PD-H
Ordinance upon application of Hickory Lake
Associates, a Virginia General Partnership for a
modification to the land use plan for the Green Run
Pd-H to allow commercial in addition to an
automobile service station on certain property
located at the southeast corner of Lynnhaven
Parkway and Rosemont Road. Said parcel contains
27,007 square feet. More detailed information is
available in the Department of Planning. PRINCESS
ANNE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 42 -
Item IV-H.2.k.
PUBLIC HEARING
PLANNING Item # 30839
Attorney Ward M. Holmes, 292 East Little Creek Road, Phone: 480-1230,
represented the applicant
Upon motion by Councilman Perry, seconded by Vice Mayor Fentress, City Council
ALLOWED WITHDRAWAL of an Ordinance upon application of B. D. AND CIIANDRABALA B.
PATEL for a Change of Zoning:
ORDINANCE UPON APPLICATTON OF B. D. AND CHANDRABALA
B. PATEL FOR A CHANGE OF ZONING DISTRICT
CLASIFICATION FROM H-1 TO B-2
Ordinance upon application of B.D. and Chandrabala
B. Patel for a Change of Zoning District
Classification from H-1 Hotel District to B-2
Community Business District on the east side of
Diamond Springs Road, 130 feet south of Aragon
Drive. Said parcel is located at 1808 Diamond
Springs Road and contains 21,496.86 square feet.
Plats with more detailed information are available
in the Department of Planning. BAYSIDE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 43 -
Item IV-H.2.1.
PUUIC HEARING
PLANNING Item # 30840
D. V. Norman, Jr. , 535 Warrick Road, Chesapeake, President of Witchduck Lake
Enterprises, Inc. requested WITHDRAWAL of the application.
Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council
ALLOWED WITHDRAWAL of an Ordinance upon application of WITCHDUCK LAKE
ENTERPRISES, INC. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF WITCHDUCK LAKE
ENTERPRISES, INC., FOR A CONDITIONAL USE PERMIT TO
FILL A BORROW PIT
Ordinance upon application of Witchduck Lake
Enterprises, Inc. for a Conditional Use Permit to
fill a borrow pit on certain property located at
the western extremity of Witchduck Court. Said
parcel contains 54 acres. More detailed information
is available in the Department of Planning. BAYSIDE
BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 44 -
Item IV-H.2.m.(a)
PUBLIC HEARING
PLANNING Item # 30841
William J. Holloran, Executive Director - Virginia Beach Council - Hampton
Roads Chamber of Commerce, 4312 Virginia Beach Boulevard, Phone: 490-1221,
requested DEFERRAL
Upon motion by Councilman Heischober, seconded by Councilman Perry, City
Council DEFERRED until the City Council Meeting of March 6, 1989:
Ordinance to Amend and Reordain Section 111 of the
City Zoning Ordinance, pertaining to the Definition
of the term "sign".
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. @IcClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 45 -
Ttem -H.2.rq. b
PUBLIC HEARING
PLANNING Item # 30842
Upon motion by Councilwoman McClanan, seconded by Councilman Moss, City Council
DEFERRED INDEFINITELY:
Ordinance to amend Section 202 of the City Zoning
Ordinance, Pertaining to Height Limitations for
additions to residential structures.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 46 -
Item IV-J.1.
NEW BUSINESS Item # 30843
ADD-ON
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
ADOPTED:
Resolution authorizing the City Attorney or his
designee to file suit against Brunswick County to
overturn their denial of Local Consent pursuant to
Section 15.1-456 of the Code of Virginia.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, @layor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 RESOLUTION AUTHORIZING THE CITY
2 ATTORNEY OR HIS DESIGNEE TO FILE
3 SUIT AGAINST BRUNSWICK COUNTY TO
4 OVERTURN THEIR DENIAL OF LOCAL
5 CONSENT PURSUANT TO S 15.1-456 OF
6 THE CODE OF VIRGINIA
7
8
9 WHEREAS, the Lake Gaston water pipeline project is
10 vital to the health, safety and welfare of the City of Virginia
11 Beach; and
12 WHEREAS, on January 30, 1989, the Board of Supervisors
13 of Brunswick County voted to uphold the decision of Brunswick
14 County's Planning Commission of December 20, 1988 to deny local
15 consent to Virginia Beach pursuant to S 15.1-456 of the code of
16 Virginia; and
17 WHEREAS, the City Council of the City of Virginia Beach
18 recognizes the urgency of the water supply situation in
19 Southeastern Virginia and the need to proceed expeditiously on
20 all aspects of the Lake Gaston pipeline project:
21
22 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
23 CITY OF VIRGINIA BEACH, VIRGINIA:
24 1. The City Attorney, or his designee, is hereby
25 authorized to file suit in the appropriate forum, against
26 Brunswick County, its Board of Supervisors, and its Planning
27 Commission, seeking to overturn Brunswick County's denial of
28 local consent pursuant to 5 15.1-456, and to perform all other
29 acts necessary or consistent to carry out this purpose.
30
31 Adopted by the City Council of the City of
3 2 Virginia Beach, Virginia, on the 27 day of February
33 1989.
34
35 KJC/dhh
36 02/27/89
37 CA-3188
38 \ordin\noncode\brunsuit.res
39
- 47 -
Item IV-J.2.
NEW BUSINESS Item # 30844
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council SCHEDULED RECONSIDERATION of the Application of MARY JOSEPHINE LILLEY
for Conditional Use Permit (approved October 14, 1985) on property located on
the 'East side of Oceana Boulevard, 860 feet more or less North of Credle Road
(566 Oceana Boulevard), containing 11.01 acres (LYNNHAVEN BOROUGH).
RECONSIDERATION shall be SCHEDULED for the City Council Meeting of March 20,
1988.
The applicant is requesting reconsideration of Site Plan Notes #7 and #11,
which state:
7. Hydraulic dredging shall be utilized, therefore a
sediment basin will not be necessary.
11. Dewatering is not allowed.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 4o -
Item TV-K.l.
ADJOURNMENT Item # 30845
Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the
Meeting at 11:30 P.M.
Beverl'T 0. Hooks
Chief DepuLy City Clerk
'Ath liod&
i o6 -mith, CMC Mey6ra Oberndorf
City Clerk Mayor
City of Virginia Beach
Virginia
Item IV-K.1.
ADJOURNMENT
Item # 30845
Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the
Meeting at 11:30 P.M.
Beverl~ O. Hooks
Chief Deputy City Clerk
~th Hodge~ Smith, CMC
City Glcrk
Mey~ra(~. Oberndorf ~
Mayor v
City of Virginia Beach
Virginia
February 27, 1989