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HomeMy WebLinkAboutJULY 5, 1988 c>f -Vir-ggirai@ "WORLD'S LARGEST RESORT CITY" CITY COLNCIL JCWA. &M, bt--t.@ I E. mw At L.-Y- A- JCW D. MMS, ll. @ X. @, At L..N. xw L. mn allid. @ J.., At L..g. 281 CffY HAU BUILDING MUNICIPAL CENTER CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002 A@ V. WATM X. C@ M@ (804J 4274303 1. DALE &kmN. Ci-I @ R@ MDM @ OCI@ C@ JULY 5, 1988 ITIM I. CITY RANikGER'S BRIEFING - Conference Room - 11:30 A14 A. CONSTITL'TION ERIVE PLYOVER C. Oral Lambert, Jr., Director of Public Works ITEM II. COUNCIL CONFERE14CE SESSION - Conference ROOM - 12: NOON A. CITY COUNCIL CONCERNS ITEM III. INFCRMAL SESSION - Conference Room - 12:15 PM A. CALL TO CRDER - Mayor @yera E. Oberridorf B. ROLL CALL OF COUNCIL C. RECESS TO EXBCUTIVE SESSION ITEM I.V. FORMAL SESSION - council chamber - 2:00 PM A. INVOCATION: Reverend Larry Shoaf Virginia Beach Community ChaPel B. PLEDGE OF ALLEGIANCE TO THE FIAG OF THE UNITED STATES OF MERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. ADOPTION OF ITf24S FCR THE FORMAL AGENDA E. MINUTES 1. INFORMAL & FORMAL SESSIONS - June 27, 1988 F. PuaLIC HEARING 1. PIAMING a. Petition of Metrovest, Inc. for the discontinuance, closure and abaridoment of a portion of Alabama Road beginning at the Eastern boundary of Rosemont Road and running in an Fasterly direction to the Western boundary of Lincoln Avenue, containing 9,417 square feet (Lynnhaven Borough). Recommendation: APPROVAL b. Application of O.D.F. Partnership for a Variance to Section 4.4(b) of the subdivision ordinance, which require lots created by subdivision to meet all of the requirements of the Zoning Ordinance, on property located on the Northeast side of the Southeastern extremity of Old Donation Parkway (Bayside Borough). Recommendation: APPROVAL c. Application of Mike Bell Building Oorporation, Inc. for a Conditional Use Permit for a day care center located on the Southwest corner of Salem Road and Ware Neck Drive (2029 Salem Road), containing 1.6 acres (Kempsville Borough). Recommendation: APPROVAL d. Application of Amoco Oil Coiapany for a Cc)nditional Use Permit for a car wash located on Lot E, Rose Holland (985 Chimney Hill Parkway) , containing 31,755 square feet (Kempsville Borough) Recornmendation: APPROVAL e. Application of Richard L. Phipps with Sanders Development, Inc. for a Coriditional Use Permit for an automobile repair establishment (Jiffy Lube Service Center) located on the West side of Rosemont Rc>ad, 80 feet more or less South of South Boulevard, containing 21,780 square fee t (Lynnhaven Borough). Recommendation: APPROVAL f. Application of Frank Stapanovich for a Conditional use Permit for an automobile repair establishment located at the Northwest corner of Virginia Beach Boulevard and Kings Grant Road (3100 Virginia Beach Boulevard), containing 19,646 square feet (Lynnhaven Borough). Recommendation: APPROVAL g. Application of Middletown Nursery Growers, Inc. for a Conditional Use Permit for a bulk storage yard (storage and T17stribution of plant nursery, horticulture a rid related products) on property located on the Fast side of Barrs Road, 1100 feet Southwest of 'Ihurston Avenue, containing 9.1 acres (Bayside Borough) Recommendation- APPROVAL h. Application of Lois B. Webbon for a Variance to Section 4.4(b) of the Subdivision Ordinance, which require lots created by subdivision to meet all of the requirements of the Zoning ordinance, on property located at 2240 Greenwell Ro ad (Bayside Borough). Recommendation: DENIAL i . REQUEST FOR RECONSIDERATION by James H. Reynolds of Conditions in the March 26, 1984, approval of an application for a Change of Zoning District Classification frorn R-6 Residential District to B-2 Community-Business District on property located at 1426 Kempsville Road, (Penner V. Woolard, Jr., John E. Green, Jr. and June C. Green) (Kempsville Borough). Reccmmendation: DENIAL j. Application of Benford Construction Co., Inc. for a Change of zoninq District Classification from A-12 Apartrnent District to A-18 Apartment District cn property located cn the South side @f Old Virginia Beach Boulevard, 500 feet West of North Birdneck Road, containing 3 7, 5 9 2square feet (Lynnhaven Borough). Recommendation: DENIAL k. Application of Jobn S. and Haily M. Hathaway for a Change of Zoning District Classification from R-10 Residential District @ 0-1 Office District on property located on the East side of Overland Road, 178.15 feet South of Amberly Rc)ad (314 Overland Road) , containing 1 6, 552.80 square feet (Kempsville Borough) Recommendation: DENIAL G. CRDINANCES/RESOLURIONS 1. Application of @vis S. C. and Harriett B. Tilgb3nan, 1026 Princess Anne Road (Pungo Borough), in accordance with Section 19-19 of the Code of the City of Virginia Beach, for a free-standing mobile hose in an Agricultural District for a two-year period. 2. Resolution authorizing and directing the City Manager to enter into a contractual arrangement with The Commonwealth of Virginia for the purchase of approximately 547 acres at Cainp Pendleton State Kilitary Reservation for $4,718,500. H. CONSENT AGENDA All matters listed mder the Oc)nsent Agenda are considered in the ordinary course of business by City Council and will be enacted by one aotion in the form listed. If any item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinance upon FIRST READING to ACCEPT and APPROPRIATE a $4,140 grant frcm the Virginia Department of Flousirig and Community Development for an emergency shelter program. 2. Ordinance to TRANSFER $50,000 from Project #2-082 Independence Boulevard Phase IIA-1 to Project #2-963 Cleveland Street and Dorsett Avenue to cover additional construction expenses. 3. Ordinance to TRANSFER $29,000 within the FY 1987-1988 Operating Budget for the replacement of cameras in oouncil Chamber. 4. Crdinance to TRANSFER $878 from the General Fund's Reserve for Contingencies to the Police Chief's Division for reimbursement of legal- expenses incurred by a CLty employee in the performance of his duty. 5. LOW BID to Hudgins Construction Company, Inc. in the amount of $584,841 for construction of Fire Station No. 21, Stumpy lake (CIP 3-912). 6. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY: a. AtlantiC Limousines, Ific. 7. Ordinance authorizing tax refunds in the amount of $1,569.38. I. UNFI19ISHED BUSINESS J. NEW BUSINESS K. ADJOURM4EIqT CITY COUNCIL RECESS JULY 18 - 31, 1988 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 5, 1988 The CITY MANAGER'S BRIEFING of the VIRGINIA BFACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Tuesday, JulY 5, 1988, at 11:30 A.M- Council Members Present: Albert W. Balko, John A. Baum, Reba S. McClanai, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: Vice Mayor Robert E. Fentress (ENTERED: 11:45 A.M.) Councilman Harold Heischober (Absent due to illness) Councilwoman Barbara Henley (ENTERED: 11:42, attendin.@ a funeral of a resident of RATNBOW IIOUSTNG Councilman John D. Moss (ENTERED: 11:44 A.M.) Councilman John L. Perry (ENTERED: 11:40 A.M.) - 2 - C I T Y M A N A G E R IS B R I E F I N G CONSTITUTION DRIVE FLYOVER 11:30 A.M. '@TEN! # 29'066 C. Oral Lambert, Director of Public Works, advised in 1987 on Independence Boulevard between Route 44 and Baxter Road, vehicle counts of approximately 69,000 per day were being experienced. This is probably the busiest 4-lane section of urban roadway in the State of Virginia. By the year 2010, it is projected there will be a need for handling 88,000 cars per day at Bonney Road on Independence Boulevard. In addition to this, there is approximately 40,000 to 50,000 vehicle trips per day expected to be handled by Constitution Drive. C. Oral Lambert advised the State is currently planning a Location Public Hearing in January 1989; a Design Public Hearing and right-of-iiay acquisition and advertisement for construction will begin in aD roximatelv 1993. .P The Location Public Hearing will address the alignment of the proposed roadway. A prefer-ed alignment, based on the State's aialysis, will be offered at this Publi,c Hearing. Following the Location Public Hearing, the State will request City Council to address a Resolution to either su-lport the preferred alignment, support the preferred alignment iiith certain specified alterations, sudport some other alignment or not proceed with tlie project. The Design will occur between mid 1989 and October 1990. Once the design i,s coyaole@@ed, there will be a second public hearing, a Design Public Hearing. The details of the project will be addressed, consisting of the precise location of the right-of-way line, the precise location of curb-cuts, access, et ceterea. Subsequent to the Design Public Hearing, City Council will be requested to ado@t a Resolution authorizing the State -lo proceed or not to proceed. C. Oral Lambert edvised the State is currently investigating four (4) alignments and d.epicted seid alignments on a graphic: ALTERNATIVE 1: Across Bonney Road, across the Toll Road, throu.@h a partially developed area, cutting across Mount Trashmore Lake and intersect with a new interchange at Holland Road, South independence Boulevard and Const4-tution Drive. ALTERNATIVE 1A: i@ather than didping, the road would extend straight across the Lake. The crossing at Bonney Road would remai-n the same as AL"ER-IATIVI. 1. The Interchange would reeain the saee. The on@y difference wou@,L@ be the method of crossing the lake and the la-,id. ALTERNATIVE 2: Cross Bonney Road at the same location as ALTER@'ATIVE 1 and cross the Toll Road at the same location as AL-ERNATIVE 1. It dips down through the developed land, but goes deeper into the west and crosses the Lake at the narrowest point with a shorter bridge and the least a.,-qount of impact on Nlount Trashmore. -he interchange configurati-on is different. ALTERNATIVE 3: The purpose of this Alternativ-- i.s to entirely miss '4ount Trashinore. The crossin, at Bonney Road and the Toll Road must be shifted further. The Alternative will go through developed area, cross Independence Boulevard, just to the north of Edwin Drive and swing back up as depicted. This Alignment would have a sigiiificant i-mpact on existing development, -esidential and comnercial. - 3 - C I T Y M A N A G E R IS B R I E F I N G CONSTITUTION DRIVE FLYOVER 11:30 A.M. ITEM # 29666 ('.ontinued) C. Oral Lambert advised the graphic prev-*@ously presented showed an at-grade intersection at Bonney Road. This graphic depicts a grade separated intersection, comn@only called the Urban Interchange Concept. It is not known whether it will be recommended to have an at-grade intersection, a full service interchange or just a bridge over Bonney Road with no access to Bonney Road. These are currently being studied. The cost of an interchange of the type depicted is approximately $12-@IILLION. The most significant question would entail Bonney Road, whether to bridge over or allow access. C. Oral Lambert advised the cost of the project without a full interchange would be a very "rough" estiinate of $30-Mi-Illion. With the I-,lterchange, a "rough" estimate of $40-Million would be calculated. A real estate analysis has not been calculated. Two or three weeks prior to the Public Ilearing, the State will hold a WORKSHOP to invite the citizenry to observe the alignments and ask questions. At the PUBLIC HEARING, the citizenry will voice their concerns. In response to Councilman Sessoms, C. Oral Lambert, Jr., advised the State would reimburse the City for right-of-way purchased in advance if it is uti,lized in the alignment chosen. Councilman 14oss suggested the graphics depicting the alternative alignments be displayed at the Central Library. - 4 - C I T Y C 0 U N C I L C 0 N C E R N S 12:12 P.M. ITEM # 29667 Councilman Balko commended the excellent landscapi,ng of "Brighton-On-The-Bay" directly across from Chelsea. ITEIII # 29668 Councilman Moss re,-erenced a letter to Members of City Council and requested this inforination be an item in -Lhe EXECIJTIVE SESSION of July 11 , 1988. This particular item will not be for staff partdcipation. !Tll,l # 29669 Councilnian Perry referenced citizenry (co.,.iprised of 6 or 7 houses) who were cut o@-f from sewerage and water when Princess Anne was rerouted at Providence Road near Bellamy. The City Manager advised Clarence Warnstaff, Director of Publ4-c Utilities, will advise City Council relative this situation. TT@ll Ilt' 29670 Councili.ian Perry compended the Parks and Recreation Depart-ment for the skateboard ramp. Councilman Perry tried sa-@-qe himself without injury. Councilman Perry also wished the twelve young people congratulated who sat in Judge Spain's courtroom and expressed their opinions relat4-ve proper skateboard ramps. TTEM i@ 29671 Council,.qan Baun advised of the dangers of water sking in Blackwater Creek. The City l,ianager will investigate possible re.,Ulations. ITEM @'/ 29672 Councilman Sessoms advised ol- complai-nts relative the safety factor ol- jet skis. The individuals riding the 14arrows were falling off the jet skis and narrowly missed by approaching boats. Mayor Oberndorf advised she spoke with the Superintendent of Seashore Sate Park a@@ the dedication of the Girl Scout's Ca@ip. Seashore State Park does not believe they can ban the jet skis from launchin., but they are advising them responsible behavior is going to be expected. There will be police patrols in that general region. Councilman Balko requested the City Staff secure a copy of the tape from the televisio,i station relative the news coverage of jet skis. This tape could be shown to City Council. The City Attorney i,s preparing a report of the existing statutes relative jet skis. This report should be coruleted thi-s week. - 5 - ITEI,l 7@r 29673 The INFORMAL SESSION of the VIRGINIA BFACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf !-,q the Confereiice Room, City Hall Building, on Tuesday, July 5, 1988, at 12:13 A.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and @tlilliam D. Sessoras, Jr. Council Members Absent: liarold ITeischober - 6 - ITEM # 29674 ,%Iayor Meyera E. Oberndorf en@lertained a motion to permit Cdty Council to conduct its EXECUTIVE SESSIONI pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of eqdloyment, assign.,,ent, appointment, promotion, per@-ormance, demotion, salaries, disciplilling or resignation o.' public officers, appointees or etqployees. 2. LEGAL 14ATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertai-qing to actual or potential litigation, or other legal matters within the jurisdiction of tlie public body. Specific items of business on the City Council agenda that may be disciissed in executive session are the following: F.l.i. Upon motion by Councilman Baum, seconded by Councilman Moss, City Council voted @@o proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: Albert W. Baiko, John A. Bauin, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorl-, Nancy K. Parker, Joh,i L. lerry and Willia,.n D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober - 7 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY -@OUNCIL July 5, 1988 2:10 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BF,AGH CITY GOUNCIL in the Council Chambers, City Hall Buildi'.Ig, on Tuesday, July 5, 1988, at 2:10 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, 'ieba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: Harold Heischober INVOCATIO!@: Reverend Larry Shoaf Virginia Beach Community Chapel PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 8 - ADOPTION OF ITEMS Item IV-D.l. ITEI@L 'Y' 29675 Mayor Meyera E. Oberndorf advised the City Clerk had informed her Petition of Metrovest, Inc. for the discontinuance, closure and abandonment of a portion of Alabama Road beginning at the Eastern boundary of Rosemont ioad and running in an Easterly direction to the Western boundary of Li.'Icoln Avenue, containin., 9,417 square feet (Princess Anne Borough; Application of O.D.F. Partnership for a Variance to Section 4.4(b) of the Subdivision Ordina.T.Ice, which require lots created by subdivision to meet all of the requirements of the Zoning Ordinance, on property located on the Northeast side of the Southeastern extremity of Old Donation Parkway (Bayside Borough); Application of Amoco Oil Company for a Conditional Use Per,.Ii-t for a car wash located on Lot E, Rose Ilolland (985 Chiraney Hill Parkway , containing 31,755 sqi)are feet (Kempsville Borough); and, ADolicati,on of Richard L. Phipps with Sanders 'ditional Use Permit for an automobile repair Development, Inc. for a Con establishment (Jiffy Lube Service Center) located on the West side of Rosemont -.ioad, 80 feet more or less South of South Boulevard, containing 21,780 square feet (Lynnhaven Borough) were all PLANNING BY CONSMT items. (See Item IV-F.1 a/b/d/e of the PLANNING AGENDA). Tllese items will be voted upon separately. Ttem IV-D.2. I"'EM # 2Q6?6 Councilman @ioss referenced the application of John S. and Emily M. Hathaway for a Change of Zoning District Classification from P,-IO aesidential District to 0-T-Office Distri,ct on property located on the East side of Overland Road, 178.15 i-eet South of Amberly Road (314 Overland Road), containing 1'0,552.80 square feet (Kempsville Borough). (See Item IV-F.l.k of the PLANIIING AGENDA). Cou--qcilman Moss advised the applicant was requesting DEFERR.@L. BY CONSEi4SUS, with the exception of Councilwoman McClana.'Ils VERBAL NAY Vote, City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA. Councilwoman @,icclanan requested at each City Council Meeting, her vote on this particular item be recorded as a VERBAL NAY. 9 Item IV-E.l. MINUTES ITF!4 i@r' 29677 ADD-ON Upon motion by Councilman Baum, seconded by Councilman Perry, City Council APPROVED ',he INFORMAL AND FORMAL SESSIONS of the City Council Meeting of June 27, 1983. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice llayor Robert E. Fentress, Barbara M. Henley, Reba S. t@cclanan, John D. Moss, Mayor Meyera E. Oberndorf, i@ancy 1,. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: William D. Sessoms, Jr. Council Members Absent: Harold Heischober Cou-ncilman William D. Sessoms, Jr. ABSTAINED as he had not taken his Oath of Office as a Council Member on Jurie 27, 1988. - 10 - Item III-F.l. PUBLIC HEARING ITEM 29678 Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANIiING a. 14ETROVEST, INC. STREET CLOSURE b. O.D.F. PARTNERSHIP VARIAliCE c. MIKE BELL BUILDING CORPORATION CONDITIONAL USE PERMIT d. AMOCO OIL COleAlTY CONDITIONAL USE PERMIT e. RICHARD L. PHIPPS with SANDERS CONDITIONAL USE PERMIT DEV--PLOPMENT, INC. f. FRANK STAPANOWICH CONDITIONAL USE PERMIT g. MIDDLETOWN NURSERY GROWERS, INC. CONDITIONAL USE PERMIT h. LOIS B. WEBBON VARIAIICE i. JAMES H. REYNOLDS REQUEST FOR RECONSIDERATION CHAIIGE OF ZONING j. BENFORD CONSTRUCTION CO.,INC. CliANGE OF ZONING k. JOHN S. AND EMILY M. HATHAWAY CHANGE OF ZONING Item IV-P.l. PUBLIC HEARING PLAI,TNING ITI!@ 29679 Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971, represented the applicant Upon motion by Councilwoman McClanan, seconded by Councilman Balko, City Council DEFERRED for Compliance of Conditions until the City Council Meeting of December 12, 1988, an Ordinance upon application of METROVEST, INC. for the disconti-nuance, closure and abandonment of a portion of Alabama Road. Application of Metrovest, Inc. for the discontinuance, closure and abandonment of a portion of Alabama Road beginning at the eastern boundary of Rosemont Road and running in an easterly direction to the western boundary of Lincoln Avenue. Said parcel contains 9417 square feet. Plats with more detailed i,-iformation are available in the Department of Pla-,lning. BeReUBif. PRIIICESS ANNE BOROUGH. The following conditions shall be required: 1. If the City owns the underlying @ee for this right-of-way, the ultimate disposition shall be by purchase rather than direct conveyance, subject to determination by the City Attorney's 01-fice. Evidence supplied by the applicant itidicating that the City does not own the underlying fee must be verified by the City Attorney's Office. 2. Dedication of a public utility easement as determined by Public Utilities over the existang water line stubs and the sewer line located within the portion of Alabama Road to be closed and over an area sufficient to allow for the future looping of water and sewer lines. 3. The applicant shall submit a revised ordinance closing the street to the City Attorney's Office. The redraft shall include a "save and except" clause for the utility easement referenced in Condition #2. 4. Resubdivision of the property and vacation of interiial lot lines to incorporate the closed area into adjoiniiig parcels, as well as to ensure that all lots have access to a public street. 5. The applicant is resuonsible,, for making arrangements to accomrqodate any non-municipal utilities vi,aich may be located in the right-of-way proposed for closure. 6. Closure of the right-of-way shall b-- contingent upon compliance with the above stated conditions within 180 days of the approval by City Council, (Dece.,,iber 12, 1988). - 12 - Item IV-F.l.a PUBLIC HEARIliG PLA14NING !TFI'I # 29670 (Continued) 7. The conditions concerning @'he Ordinance upoll application of 4etrovest, Inc. for a Change of Zoning District Classi-fi.cation -rom A-1 to 0-1, Z011871188, Pages 19 and 20, Item /,28295 (Adopted by City Council on November 2, 1987) shall also apply to the Street Closure: 1. Applicant agrees to apply for closure of Alabama Road adjac--nt to this parcel. Entrance off Rosemont Road shall be located at the northern boundary of this site. (This application satisfies this condition, subject to other items of conpliance by December 12, 1988.) 2. A six-l@oot fe,.ice is required along the eastern border of this property. Fencing shall consist of '@ll Western lied Cedar or y@l SYP- 0.400-CCA treated timber and the finished side of the I-eiicing shall face adjaceiit residents. 3. Categor,, II screenilig must be provided on the outside of the fence f,,,cing the residential uses and placed along the northern border on both sides of the entrance off Alabama Road. 4. The Trees shall re.,.qain in -,he Ci.ty's right- of-way at Alabama ioad. 5. All development shall be from the iosemont side. A barricade shall be erected between the residential area and on Alabama Road. 6. 'his property shall be served by only one curb cut. 7. This rezoning shail be for office use only. 8. The height shall be limited to two (2) stories. 9. The design shall be in con@-ormity with the adjoini.ng office buildings. The following condition shall be requ*lred prior to the changing of the offici-al zoning -!lap: A dedication i.s required along the frontage of Aosenont Road to provide for a ri-ght turn lane onto Alabama Road. Councilman Baurfl requested the City Attorney review the first condition. - 13 - Item IV-F.l.a PUBLIC HEARING PLANNING ITE',L # 29679 (Continued) Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice iviayor Robert E. Fe--qtress, Barbara M. Henley, Reba S. lIcClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. @ouncil Members Voting !Tay: None Council !4embers Absent: l@@arold Heischobei- ORDINANCE NO. IN THE MATTER OF,CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS ALABAMA ROAD, FORMERLY KNOWN AS 29TH STREET (UNIMPROVED) SHOWN UPON THAT CERTAIN SURVEY ENTITLED, "PHYSICAL SURVEY OF PART OF LOTS 1 8, 2 LOTS 3, 4, 5, 6 a 7, BLOCK 6, PECAN GARDENS (M.B. 87, P. 10), PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA." WHEREAS, it appearing by affidavit that proper notice has been given by Metrovest, Inc., that they would make aPplication to the Council of the City of Virginia Beach, virginia, on 1 88, to have a portion of the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that the portion of 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: THAT CERTAIN portion of ALABAMA ROAD, unimproved (formerly 29th Street). Beginning at the point of intersection of the eastern right-of-way line of Rosemont Road (90, R/W) with the southern right-of-way line of Alabama Road (50' R/W), thence f rom said Point of Beginning, N 00- 5 8 ' 37" E. 53.55 feet along the eastern right-of-way line of Rosemont Road to a Point; thence S 681 02' 53", 19 0 . 84 feet along the northern right-of-way line of Alabama Road, as platted, to a point; thence S 21- 57- 07" W., 50 feet to a point at the northeast corner of Lot 7, Block 6, Plat of Pecan Gardens; thence N 681 02, 53" W. 172.94 feet along the southern right-of-way line of Alabama Road to the Point of Beginning as shown on that certain "Physical Survey of Part of Lots 1 a 2 and Lots 3, 4, 5, 6 & 7, Block 6, PECAN GARDENS (M.B. 7, P. 70), Princess Anne Borough, virginia Beach, Virginia," dated March 27, 1987 and prepared GUY, CROMWELL. BETZ by Stephen I. Boone and Associates P.C. & LUSTIG. P,C. L.W Said parcel of land being a portion of Alabama Road as indicated on that certain plat of the property to be vacated, which plat is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, upon adoption of this ordinance, and which is made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of Virginia Beach, virginia, and indexed in the name of the City of Virginia Beach as Grantor. SECTION III This Ordinance shall be effective sixty (60) days from the date of its adoption. 0402i GUY, CROMWELL, BETZ & LUSTIG, P.C. -@.-@@y@.T L.W -2- LEGAL DESCRIPTION THAT CERTAIN portion of ALABAMA ROAD, unimproved (formerly 29th Street). Beginning at the point of intersection of the eastern right-of-way line of Rosemont Road (90, R/W) with the southern right-of-way line of Alabama Road (501 R/W), thence from said Point of Beginning, N 00* 58' 37" E. 53.55 feet along the eastern right-of-way line of Rosemont Road to a point; thence S 681 02' 53", 190.84 feet along the northern right-of-way line of Alabama Road, as platted, to a point; thence S 211 57' 07" W., 50 feet to a point at the northeast corner of Lot 7, Block 6, Plat of Pecan Gardens; thence N 68* 02' 53" W. 172.94 feet along the southern right-of-way line of Alabama Road to the Point of Beginning as shown on that certain "Physical Survey of Part of Lots 1 & 2 and Lots 3, 4, 5, 6 & 7, Block 6, PECAN GARDENS (M.B. 7, P. 70), Princess Anne Borough, Virginia Beach, Virginia," dated march 27, 1987 and prepared by Stephen I. Boone and Associates P.C. GUY, CROMWELL, BETZ & LUSTIG, P.C. .--.E@@ Al L.@ 0396i THM 0 TO CE@ TKAT ON MAR04 26, 1987 I @go "M ON THIS PILAT AND THAT THE TM-9 LMM AND PKY94CAL L@IENTS ARC @ ON TIMS PLAT- THR STANO @y Wf"lm THK TrrLE units AND TME*G ARIE NO IENCROACHMEWS OPt VMUA KXCICP'R AS NOTE: THIS PROPERTY APPEARS To BE IN A - C ' FLOOD ZO FIRM MAP CITY OF VA. BEACH COMMUNITY NO. 515531 MAP REVISION: JANUARY 17, 1985 PANEL No. 0029 C 15 14 12,@, 10 C) N 68' 02 53' W Ln 133.9 4' 0 8 -A 0 kD C) S68' 02'53 172 94' A-L-A@B 7A M A ROAD (50' WW)' (FORMERLY 29TH S TR EEr) PAPER STREET S 68'02'53" 190@84' 1271 BLOCK 14 PHY@CAL SURVEY OP, PART OF LOTS 1 6 2 AND LOTS 3,4, 5 , 6 e 7, BLOCK 6 PECAN GARDENS MB@ 7 , P, 70 PRINCESS ANNE BOROUGH VIRGINIA BEACHVIRGINIA SCALE: I --JO' DATE: A4ARCH 27,1987 STEM*N l@ BOONE & ASSOCIATES, P.C. LAND SURVEYORS -T KWTSMOTJTM, \NRGOM - 14 - Iten IV-F.l.b. PUBLIC HFARING PLANNING IT 29680 Attor,iey Robert B. Cromwell, Pembroke One, Phone: 499-8971, represented the applicant Upon motion by Councilman Perry, seconded by Vice Mayor Fentress, City Council APPROVED the application of O.D.F. PARTNERSHIP for a Variance to Section 4.4(b) of the Subdivision Ordinance, which require lots created by subdivision to meet all of the requirements of the Zoning Ord-l@nance. Appeal from Decisions of Administrative Of,-ices in regard to certain elements of the Siibdivision Ordinance, Subdivision for O.D.F. Partnership. Propertv is located on the northeast side of the southeastern extremity of Old Donation Parkway. Plats with more detailed information are available in the Department of Plaini,ng. BAYSIDE BOPOUGH. Voting: 0,-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. ldcclanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Jchn L. Perry and William D. Sessoms, Jr. Council Members Voting liay: Johii D. iloss Council Mer@ibers Absent: Harold Heischober 1 5 !te.-n. IV-F.l.c- PUBLIC HEARING PLANNING ITEM # 29681 Attorney Robert B. Cromwell, Peiabroke Oie, Phone: 499-8971, represented the applicant. Attorney Cromwell exdressed concern relative condition No. 3. Under the present guidelines, the developer would be required to improve approximately 1100 feet of Salem Road and bu4-ld a left-turn lane at an expense of approximately $27,000. Attorney Cromwell requested Mr. Bell be allowed to work with the City Staff to determine his fair share cost of the construction of the left turn lane. The facility will be open from 7:00 A.I.I. to 5:00 P-M, and accommodate 120 children. Mike Bell, Mike Bell Building Corporati-on, Inc., the applicant, represented himself and advised Lyle T. Smith, the adjacen@, property owner has requested access across @iike Bell's nroperty to Ware Neck Road. There i,s no contractual obligation to provide Ilim cross access. Robert Scott, D-@lrector of Planning, advised with reference to Councilman Moss's request there be no further resubdivision o,-- this property, the Comprehe@isive Zoning Ordinance prohibits placing another use on the site @,rithout City Council's approval. Upon motion by Vice ilayo- Fentress, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of MIKE BELL BUILDING CORPORATION, INC. for a Conditional Use Permit: ORDINANCE UPOii APPLICATION OF IIIKE BELL BUILDIIQG CORPORATIO14 INC. FOR A CONDITIONAL USE PERIAIT FOR A DAY CARE CETil-ER R07881153 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGI@%TIA BEACH, VIR-UINIA Ordinance upon application of Mike Bell Building Corporation, Inc. for a Conditional Use Permit for a day care center at the southwest corner of Salem Road and Ware 'Jeck Drive. Said parcel is located at 2029 Salem Road and contains 1.6 acres. illore detailed information is available in the Department of Planning. KEMSPVITLE BOROUGH. The following conditions shall be required: 1. An encroachment permit must be approved to permit access onto 14are Neck Drive. 2. The utilizatiori of Best Management Practices @-or controlling stormwater runoff vihich are reasonably applicable to the development of the site and in keepi.ng with the recoinmendations for the proposed Back Bay/North Landing River Managen-ent District. 3. The developer shall only pay only the fair share pro-rata share for the installation of a left-turn lane located on Salen Road turning onto Ware Neck iload, as determined by City Staff. 4. Development shall comply with the site Dlan rendering presented to C4-ty Council on July 5, 1988. 5. The screening around the playground shall co.'.Iform with the City's landscaping, screening and bu@@fering specifications and stand,-rds. 16 - Item IV-F.l.c. PUBLIC HEARING PLANNING IT7!rA # 29681 (Continued) This Ordinance shall be effecti,ve upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth day of July, Nineteenth Hundred and Eighty-eight. Voting: 6-4 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Reba S. McClanan, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Barbara M. Henley, John D. Moss, ilayor Meyera E. Oberndorf, and Nancy K. Parker Council Members Absen@@: Harold Heischober - 17 - Item IV-F.l.d. PUBLIC HEARING PLANNING ITFIL # 29682 Attorney Charles M. Salle', 192 Ballard Court, Phone: 490-3000, represented the applicant. Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council ADOPTED an Ordinance upon appli,cation of AMOCO OIL COMPANY for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF AMOCO OIL COMPANY FOR A CONDITIONAL USE PERMIT FOR A CAR WASH R07881154 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Amoco Oil Company for a Conditional Use Permit for a car wash on Lot E, Rose Holland. Parcel is located at 985 Chimney Hill Parkway and contains 31,755 square feet. KEMPSVILLE BOROUGH. The following conditions shall be required: 1 . The utilization of Best Management Practices for controlli,ng stormwater runoff which are reasonably applicable to the *developnent of the site and in keeping with the recommendations for the proposed Back Bay/North Landing River Management District. 2. The existing signs shall be lowered to meet the height requirements of twelve feet (121). The signs shall be allowed to exceed the square footage of signage in the City's Sign Ordinance but no greater than iihat the current signs wording is today. No sign shall be erected within the visibility triangle. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth day of July, Nineteenth Hundred and Eighty-eight. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancv K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Menbers Absent: Harold Heischober - 18 - Item IV-F.l.e. PUBLIC HEARING PLAN14ING !TEM # 29683 Hick Phipps, 1904 Long Bridge Lane, Phone: 491-3457, represented the applicant and advised there will be an access road around the rear of Taco Bell, with a sign indicating same, as well as an access on Rosemont Road. Upon motion by Councilman Balko, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of RICHARD L. PHIPPS WITH SANDERS DEVELOPMENT, INC. for a Conditional Use Permit: ORDINANCE UPOIZ APPLICATION OF RICHARD PHIPPS WITH SANDERS DEVELOPMENT, INC. FOR A CONDITIO@IAL USE PERMIT FOR AN AUTOMOBILE REPAIR ESTABLISlu4ENT R07881155 BE IT IIEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Richard L. Phipps with Sanders Development, Inc., for a Conditional Use Permit for an automobile repair establishment (Ji,ffy Lube Service Center) on the west side of Rosemont Road, 80 feet more or less south of South Boulevard. Said parcel contains 21.780 square feet. More detailed information is avad,lable in the Department of Planning. LYNNIIAVEN BOROUGH. The following condition shall be required: 1. The utilization of Best Management Practices for controlling stormwater runoff which are reasonably applicable to the development of the si,te. This Ordinance shall be effective upon the date of adoption. Adopted by the -.ouncil of the City of Virginia Beach, Virginia, on the Fifth day of July, Nineteenth Hundred and Eighty-eight. Voting: 8-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: John D. Moss and Nancy K. Parker Council Members Absent: Harold Hei,schober - 19 - Item IV-F.l.f. PUBLIC HEARING PLANNING ITF14 # 29684 E. Leslie Cox, 611 Lynnhaven Parkway, Phone: 486-4650 Upon motion by Councilman Balko, seconded by Councilman Moss, City Council ADOPTED an Ordinance upon application of FRANK STAPANOWICH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF FRANK STAPANOWICH FOR A COI@DITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR ESTABLISHMENT R07881156 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Frank Stapanowich for a Conditional Use Permit for an automobile repair establishment at the northwest corner of Virginia Beach Boulevard and Kings Grant Hoad. Said parcel is located at 3100 Virginia Beach Boulevard and contains 19,646 square feet. More detailed information is available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. Only one (1) thirty-five-foot (35') entrance will be allowed on Virginia Beach Boulevard. This entrance is to be located at the western end of the property. The exact location will be determined during detailed site plan review. 2. Category VT screening is required along the northern Droperty line between the development and the residential area. 3. All outdoor lights shall be shielded to direct light and glare onto the premi,ses and focused away from adjoining residential property. Any outdoor lighting fixtures shall not be erected any higher than fourteen feet (14') 4. All repair work is to be conducted insi,de the building and no overnight parking of motor vehi,cles shall be permitted. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth day of July, Nineteenth Hundred and Eighty-eight. - 20 - Item IV-F.l.f. PUBLIC HEARING PLANNING ITEM # 29684 (Continued) Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, 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: Harold Heischober - 21 - Item IV-F.l.g. PUBLIC HEARING PLANNING ITEM # 29685 F. Andrew Heatwole, 808 Newtown Road, Phone: 473-8575, with Ripley Associates, Inc. represented the applicant. This will be utilized for a wholesale distribution center supplying nursery stock, related landscape supplies to professional nursery facilities, landscapers and horticulturists. Tom Otto, Vice President of Middletown Nursery Growers. Upon motion by Councilman Perry, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of MIDDLETOWN NURSERY GROWERS, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF MIDDLETOWN NURSERY GROWERS, INC. FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE YARD R07881157 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Middletown Nursery Growers, Inc., for a Conditional Use Permit for a bulk storage yard (storage yard (storage & distribution of plant nursery, horticulture & related products) on certain property located on the east side of Barrs Road, 1100 feet southwest of Thurston Avenue. Said parcel contains 9.1 acres. More detailed information is available. BAYSIDE BOROUGH. The following conditions shall be required: 1. Entrances will not be permitted on Sandpit and Tim Roads; however, a gate will be permitted to provide access for a lawnmower. Access to the site shall be only from Air Rail Avenue through the Airport Industrial Park. Barr's Road w)aich runs along the residential neighborhood shall not be used as access. 2. A six-foot chain link fence shall be installed along the boundaries with a Category T landscape screening and other appropriate Category landscape screening along property lines abutting lots being utilized for residential purposes with frontage on Sandpit Road. This landscape shall be sufficient in density to protect said residential areas and cover the fence. Appropriate landscaping shall be i,nstalled along Barr's Road to screen equipment from view of public. The wooded area shall remain. 3. At time of site plan review, a thirty-foot (30') right-of-way dedication may be required along the entire frontage of Barr's Road/Air Raii Drive to provide for a sixty-foot (601) public right-of- way. Also standard right-of-way improvements may be required on Air Rail Drive (Barrs Road), from the entrance to the northern property line. 4. A subsurface sodls investigation and analysis inust be performed for any foundation and pavement design, because the subject site has been filled and unsuitable material may exist. 5. The utilization of best management practices for controlling stormwater runoff which are reasonably applicable to the development of the site. 6. The bulk storage is to be limited to the storage and distribution of plant nursery, horticulture and related products. - 22 - Item IV-F.I.g. PUBLIC HEARING PLANNING ITEM # 29685 (Continued) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth of July, Nineteenth Hundred and Eighty-eight. Councilman Perry advised he will be observing that the applicant's trucks will only utilize those routes that are specifically enumerated in the condition. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, 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: Harold Heischober *Verbal Aye - 23 - Item IV-F.l.h. PUBLIC HEARING PLANNING ITEIA # 29686 Wallis Damon, Jr., 2242 Greenwell Road, resident of the Chesapeake Beach section, represented the applicant. llallis Damon advised he and his brother wished to build two houses on Lois B. Webbon's property. Mrs. Webbon is willing to give up another ten foot of her property so each driveway is twenty feet wide. Wallis Damon advised he would be unable to pay for the construction of a forty-foot public road which would entail a cost of approximately $50,000. Lois B. Webbon, the applicant, advised she would be willing to dedicate a forty-foot public road. A MOTION was made by Councilman Perry to APPROVE the Application of Lois B. Webbon for a Variance to Section 4.4(b) of the Subdivision Ordinance, which require lots created by subdivision to meet all of the requirenents of the Zoning Ordinance, on property located at 2240 Greenwell Road (Bayside Borough). (Said MOTION FAILED for LACK OF A SECOND). Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council DEFERRED until the City Council Meeting of August 8, 1988, the application of LOIS B. WEBBON for a Variance to Section 4.4(b) of the Subdivision Ordinance, which requires lots created by subdivision to meet all of the requirements of the Zoning Ordinance. Appeal from Decisions of Administrative Offices in regard to certain elements of the Subdivision Ordinance, Subdivision for Lois B. Webbon. Property is located at 2240 Greenwell Road. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. This applicataon was DEFERRED to enable the applicants to confer with City Sta@-f relative the possibility of a 40-foot public street with a cul-de-sac. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, 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: Harold Heischober The Director of Planning, Robert J. Scott, shall write a letter to Lois B. Webbon advising the deferral date of August 8, 1988. - 24 - Item IV-F.l.i. PUBLIC HEARING PLANNING ITLM # 29687 Attorney Michael Inman, 780 Lynnhaven Parkway, #400, Phone: 486-7700, represented the applicant and distributed a Deed of Easement for Ingress and Egress. Attached to this deed of easement is a site plan of the proposed Acredale Shopping Center. (Copy of same is hereby made a part of the record.) Four years have passed since this land was rezoned. Attorney Inman requested the second Condition, Vacation of lot lines, be released. A contract has been proposed to sell this property to Sparatan Food Systems, the owner and onerator of Quincy Family Steak Houses. William Rainey, Engineer with Miller Stephenson, addressed the concern relative sewerage. William Rainey advised as a matter of record, there is a sanitary force main and city water on Kempsville Road. OPPOSED: John H. Waters, 1461 Kempsville Road, Phone: 467-3282, advised city sewerage is not available to this piece of property. Nicholas J. Hutsko, 5253 Indian River Road, owner of Acredale Auto Parks and a neighboring property owner. Nicholas Hutsko presented a historical representation advising the property was zoned B-2 conditioned on it being part of a shopping center. Nicholas J. Hutsko advised there is an applicant who is prepared to proceed with an overall development of the area. A motion was made by Councilman Moss, seconded by Councilwoman Parker to DENY the REQUEST FOR RECONSIDERATION by JAMES H. REYNOLDS of Conditions in the March 26, 1984, approval of an application for a Change of Zoning District Classification from R-6 Residential District to B-2 Community-Business District on property located at 1426 Kempsville Road, (Fenner V. Woolard, Jr., John E. Green, Jr. and June C. Green) (Kempsville Borough). A SUBSTITUTE MOTION was made by Councilman Perry to APPROVE the REQUEST FOR RECONSIDERATION by JAMFS H. REYNOLDS of Conditions in the March 26, 1984, approval of an application for a Change of Zoning District Classification from R-6 Residential District to B-2 Community-Business District on property located at 1426 Kempsville Road, (Fenner V. Woolard, Jr. , John E. Green, Jr. and June 0 .. Green) (Kempsville Borough). Said MOTION FAILED FOR LACK OF A SECOND. Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council DENIED REQUEST FOR RECONSIDERATION by JAMES H. REYNOLDS of Conditions in the March 26, 1984, approval of an application for a Change of Zoning District Classification from R-6 Residential District to B-2 Community-Business District on property located at 1426 Kempsville Road, (Fenner V. Woolard, Jr., John E. Green, Jr. and June C. Green) (Kempsville Borough). Application of James H. Reynolds for the Reconsideration of Conditions placed on the application for a change of zoning from R-6 to B-2. Property is located at 1426 Kempsville Road. More detailed information is available in the Department of Planning. KEMSPVILLE BOROUGH. - 25 - Itei-q III-F.l.i. PUBLIC HEKRING PLANNING ITEM # 29687 (Continued) Voting: 9-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: John L. Perry Council Members Absent: Harold Heischober - 26 - Iteiu IV-F.l.j. PUBLIC HF.ARING PLANNING ITEM # 29t')88 LCDR Mark Terrell, NAS OCEANA, Phone: 433-2408, spoke in OPPOSITION. This parcel lies in Oceanals AICUZ significant accident potential Zone B and High Noise Zone 3. Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council DENIED an Ordinance upon application of BENFORD CONSTRUCTION CO., INC. for a Change of Zoning District Classification: OP,DINANCE UPON APPLICATION OF BENFORD CONSTRUCTION CO., !N-,. FOR A CHANGE OF ZONTNG DISTRICT CLASSIFICATION FROM A-12 TO A-18 Ordi.nance upon application of Benford Construction Co., Inc. for a Change of Zoning District Classification from A-12 Apartment District to A-18 Apartr.-ient District on certain property located on the south side of Old Virginia Beach Boulevard, 500 feet west of north Birdneck Road. Said parcel contains 37,592 square feet. More detailed information is available in the Department of Planning. LYNIIHAVEN BOROUGH. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, 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 Eay: None Council Members Absent: Ilarold Heischober - 27 - Item IV-F.l.k. PUBLIC HEARING PLANNING ITEM # 29689 Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971, represented the applicants and requested DEFERRAL Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council DEFERRED until the City Council Meeting of August 22, 1988, an Ordinance upon application of JOHN S. and EMILY M. HATHAWAY for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF JOHN S. AND EMILY M. HATHAWAY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-10 TO 0-1 Ordinance upon application of John S. and Emily M. Hathaway for a Change of Zoning District Classification from R-10 Residential District to 0-1 Office District on certain property located on the east side of Overland Road, 178.15 feet South of Amberly Road. Said parcel is located at 324 Overland Road and contains 16,552.80 square feet. Plats with more detailed information are available in the Department of Planning. KEIIPSVILLE BOROUGH. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, 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: Harold Heischober - 28 - Item IV-G.l. PUBLIC HEARING PLANNING ITF14 # 29690 Elise Ti,lghman Corbin, represented the applicant, and advised she and her husband with her 94-year old invalid grandmother would reside in the free- standing mobile home. Elise is responsible for the care of her grandmother. Councilwoman Henley advised she spoke with two of the adjacent property owners who voiced objections and two of them she was not able to contact. Billy W. Chaplain still feels objection. Mr. Chaplain is not a resident of the area. He only owns property. Mr. Williaiq Herbert would not object as long as it is temporary. The general sentiment o@- tlie property owners was provided the free-standing mobile home would only be for two years, the nei,ghbors would not be as uncomfortable as they would with a permanent facility. Upon rqotion by Councilwoman Henley, seconded by Councilman Baum, City Council APPROVED: Application of Lewis S. C. and Harriett B. Tilghman, 1028 Princess Anne Road (Pungo Borough), in accordance with Section 19-19 of the Code of the City of Virginia Beach, for a free-standing mobile home in an Agricultural District for a two-year period. Voting: 10-0 Council llembers Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, liancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Me@iibers Absent: Harold Heischober - 29 - Item IV-G.2. ORDINANCES/RESOLUTIONS ITE@,L # 29691 Upon motion by Councilman Baum, seconded by Councilman Balko, City Council ADOPTED: Resolution authorizing and directing the City Manager to enter into a contractual arrangement with The Commonwealth of Virginia for the purchase of approximately 547 acres at Camp Pendleton State Military Reservation for $4,718,500. A N D, APPROVED, upon FIRST READING: Ordinance to appropriate funds in the amount of $3,718,500 to Project #3-982 Camp Pendleton Site Acquisition and Transfer Funds in the amount of $1,000,000 to Project #3-982 for the Purpose of Acquiring Land at Camp Pendleton. Voting: 9-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice @layor Robert E. Fentress, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Counci,l Members Votdng Nay: Reba S. McClanan Council Members Absent: Harold Heischober RESOLUTION Resolution authorizifig- the City Manager to complete negotiations for the purchase of property at Camp Pendleton State Military Reservation from the Commonwealth. WHEREAS the City has been leasing approximately 415 acres of land at the Camp Pendleton Military Reservation for a variety of public uses; and WHEREAS these uses entail an elementary school, fire training center, fire station, tennis center, and golf course; and WHEREAS the value of the improvements paid for with City funds to these properties is approximately $16 million; and WHEREAS the Commonwealth has declared these properties and an additional 132 acres surplus and has allowed the City the first opportunity to purchase these properties before putting them on the open market; and WHEREAS the City staff has negotiated for the last year for these properties and has now reached a settlement with the Commonwealth. NOW THEREFORE be it resolved by the Council of the City of Virginia Beach, the City Manager is hereby authorized and directed to enter into a contractual arrangement with the Commonwealth for the sale of approximately 547 acres of property at Camp Pendleton Military Reservation. This property will cost the City $4,718,500 with a $1 million due at closing, and five equal payments of $743,700 due on July 1 of the next five years beginning 1989. BE IT FURTHER RESOLVED that the Council of the City of Virginia Beach will make every effort to relocate the Pendleton Child Service Center by January 1, 1990 as a condition to the sale. Be it further resolved that the Clerk of the Council of the City of Virginia Beach is directed to forward a copy of this resolution to the General Assembly Delegation. Adoptedlb ouncil of the City of Virginia Beach on this Fifbh day of Ju , 1988. AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF $3,718,500 TO PROJECT #3-982 CAMP PENDLETON SITE ACQUISITION AND TRANSFER FUNDS IN THE AMOUNT OF @1,000,000 TO PROJECT #3-982 FOR THE PURPOSE OF ACQUIRING LAND AT CAMP PENDLETON WHEREAS, the City of Virginia Beach has been leasing approximately 415 acres of land at the Camp Pendleton Military Reservation for a variety of public uses, and WHEREAS, the City desires to acquire an additional 132 acres of Camp Pendleton land for an additional 18 hole golf course, and WHEREAS, the Commonwealth has declared these properties surplus and has allowed the City the first opportunity to purchase these properties, and WHEREAS, the City has agreed to acquire the surplus land at Camp Pendleton from the Commonwealth for $4,718,500, and WHEREAS, $1,000,000 is due at closing with five equal payments of $743,700 to be due on July 1 of the next five years beginning 1989, and WHEREAS, funding for the initial payment is available from appropriations in the General Debt Fund and project #4-914 Red Wing Golf Course with additional funding for the annual payments to be provided by proceeds from financing from the Commonwealth. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $3,718,500 are hereby appropriated to project #3-982 Camp Pendleton Site Acquisition for the acquisition of approximately 547 acres of land at the Camp Pendleton Military Reservation, and BE IT FURTHER ORDAINED, that this appropriation be offset by an increase of $3,718,500 from the proceeds of financing from the Commonwealth, and BE IT FURTHER ORDAINED, that funds are hereby transferred in the amount of $1,000,000 to project #3-982 Camp Pendleton Site Acquisition with $750,000 from the General Debt Fund and $250,000 from project #4-914 Red Wing Golf Course respectively. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 1988. First Reading: ul Second Reading: - 30 - Item IV-H. CONSENT AGENDA ITEM # 29692 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council APPROVED i,n ONE MOTION Items 1, 2, 3, 4, 5, 6 and 7 of the CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, liancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Kay: None Council Members Absent: Harold fleischober - 31 - Item IV-H.1 CONSENT AGENDA ITal # 29692(a) Upon motion by Vice ilayor Fentress, seconded by Councilman Balko, City Council APPROVED upon FIRST READING: Ordinance to ACCEPT and APPROPRIATE a $4,140 grant from the Virginia Department of Housing and Community Development for an emergency shelter program. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. BauL'., Vice Mayor Robert E. Fentress, Barbara l@T. Henley, @leba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy X. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Ilone Counci,l Meinbers Absent: Harold Heischober ORDINANCE TO ACCEPT AND APPROPRIATE $4,140 FROM THE VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR AN EMERGENCY SHELTER PROGRAM WHEREAS, the Stewart B. McKinney Homeless Assistance Act, enacted by the Congress on July 22, 1987, provides $50 million nationwide for an emergency shelter grants program; and WHEREAS, this program provides grants to localities to support homeless shelter programs and support services within their boundaries; and WHEREAS, there is a need to provide shelter and support services for the homeless in Virginia Beach; and WHEREAS, the U.S. Department of Housing and Urban Development through the Virginia Department of Housing and Community Development has informed the City that $4,140 has been allocated to the City of Virginia Beach for such homeless assistance. NOW, THEREFORE, BE TT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that a grant of $4,140 from the Virginia Department of Housing and Development for emergency shelter programs is accepted. BE IT FURTHER ORDAINED that funds in the amount of $4,140 are appropriated to the virginia Beach Department of Housing and Comrnunity Development for a pass-through to Samaritan House, a private non-profit agency, who will provide services to the homeless. BE IT FURTHER ORDAINED that the City of Virginia Beach will comply with all requirements of this program of the Virginia Department of Housing and Community Development. Adopted by the Council of the City of Virginia Beach on day of 1 1988. First Reading: July 5, 1988 - 32 - Item IV-H.2 CONSENT AGENDA ITEM # 29693 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council ADOPTED: Ordinance to TRANSFER $50,000 from Project iY2-082 Independence Boulevard Phase IIA-1 to Proliect #2- 963 Cleveland Street and Dorsett Avenue to cover additional construction expenses. Voting: 10-0 Council @'embers Voting Aye- Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor @leyera E. Oberndorl-, l@ancy X. Parker, John L. Perry aid William D. Sessoms, Jr. Council Members Voting !;ay: None Council Members Absent: Harold Heischober AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF $50,000 TO PROJECT # 2-963 CLEVELAND STREET AND DORSETT AVENUE TO COVER ADDITIONAL CONSTRUCTION EXPENSES WHEREAS, the City of Virginia Beach desires to improve the City's transportation system through the construction and maintenance of highways and arterials throughout the City, and WHEREAS, project # 2-963 Cleveland Street and Dorsett Avenue has been created to fund the construction of intersection improvements at Cleveland Street and Dorsett Avenue, and WHEREAS, unanticipated field conditions at the project site have resulted in additional construction expenses of $50,000, and WHEREAS, additional funding may be provided from the transfer of appropriations from project # 2-082 Independence Boulevard Phase IIA-1 since the bid price for construction is lower than anticipated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCTL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $50,000 are hereby transferred from project # 2-082 Independence Boulevard Phase IIA-1 to project #2-963 Cleveland Street and Dorsett Avenue. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Reach, Virginia on the Fifthday of July 1988. - 33 - Item IV-@1.3 CONSENT AGENDA ITEII # 29694 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council ADOPTED: Ordinance to TPANSFER $29,000 within the FY 1987- 1988 Operating Budget for the replacement of cameras in Council Chamber. Councilwoman McClanan requested a condition of this transfer of funds for replaceTiient of cameras also include improvemei-it to the sound system, in City Council Chambers. Voting: 10-0 Couilcil Memb--rs Voting A,,e: Albert W. Balko, John A. Bau@-n, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, JoILi D. Moss, liayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Ifeischober AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF $29,000 WITHIN THE FY 1987-88 OPERATING BUDGET FOR THE REPLACEMENT OF CAMERAS IN COUNCIL CHAMBERS WHEREAS, Lhe cameras used to broadcast and tape Council meetings hav,: approached the end of their useful lives, and WHEREAS, the replacement cameras will allow a significant decrease in the brightness of the lights and at the same time provide for a slight improvement in the quality of the picture, and WHEREAS, funding for this project may be provided from the transfer of anticipated excess appropriations from the FY 1987-88 Operating Budget. NOW, THEREFORE, BE IT ORDALNED BY THE COLJNCIL OF THE CITY OF VIRGINIA BEACH, VIRCINIA that funds in Lhe amount of $29,000 are hereby transferred within the FY 1987-88 Operating Budget to allow for the replacement of cameras in Council Chambers. This ordinance shall be effective from the date of its adoption. AdopLed by the Council of the City of Virginia Beach, Virginia on the Fifth day of 7uly 1988. API--@')'IE') AS TO CONTENT - 34 - Item IV-H.4 CONSENT AGENDA ITF!4 # 29695 Upon motion by Vice Mayor Fentress, seco-,lded by Council,,-qan Balko, City Council ADOPTED: Ordinance to TRANSFER $878 from the General Fund's Reserve for Contingencies to the Police Chief's Division for reimbursement of legal expenses incurred by a City employee in the performance of his duty. Voting: 10-0 Council llembers Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. i@loss, Moyor Meyera E. Oberndorf, Nancy 1". Parker, John L. Perry and William D. Sessoms, Jr. Council Meinbers Voting Nay: None Council Members Absent: Harold Heischober APPRO'V@'2 AS ORDINANCE TO TRANSFER FUNDS OF 878.00 FROM THE GENERAL FUND'S SERVE FOR CONTINGENCIES TO THE POLICE CHIEF'S DIVISION FOR 5 REIMBURSEMENT OF LEGAL EXPENSES 6 INCURRED BY A CITY EMPLOYEE IN 7 THE PERFORMANCE OF HIS DUTY 8 9 WHEREAS, a Virginia Beach police officer was charged with 10 disturbing the peace while performing his duty; and 11 WHEREAS, the General District Court dismissed the case; and 12 WHEREAS, the officer is seeking reimbursement from the City 13 for his legal fees in accordance with S 15.1-131.6, Va. Code 14 Ann.; and 15 WHEREAS, City Council considers this request reasonable and 16 proper, 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 That funds of $878.00 be transferred from the General Fund's 20 Reserve for Contingencies to the Police Chief's Division for 21 legal fees involving the above incident. 22 This Ordinance shall become effective upon the date of its 23 adoption. 24 Adopted by the Council of the City of Virginia Beach, July 25 Virginia, on this day of 1988. 26 DGA 27 legfees.ord 28 6/1/88 29 - 35 - Item IV-H-5 CONSENT AGEIIDA ITE,,,l @ 29696 Upon motion by Vice @'ayor Fentress, secoided by Councill-qan Balko, Ci,ty Council APPROVED: LOW BID to Hudgins Construction Gompany, Inc. in the aniount of $584,841 for construction of Fire Station No. 21, Stumpy Lake (CIP 3-912). Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Fenley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Na.ncy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold He-l@schober R E S D L U T I 0 N WHEREAS, Hudgins Construction Co., Inc. has indicated its willingness to construct Fire Station No. 21, Stumpy Lake (CIP No. 3-912) in the City of Virginia Beach, and WHEREAS, the contemplated improvement is needed and is in consonance with the justification and impact shown in the current Capital Improvements Program. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CIRY OF VIRGINIA BEACH, VIRGINIA: That Hudgins Construction Co., Inc. is hereby requested to construct and provide the aforesaid fire station and associated site work as shown in the documents of City of Virginia Beach Bid Item No. 9979. Said facility will alleviate the substandard rL-sponse time and fire protection the area now receives. - 36 - Iteii IV-H.6 CONSENT AGEIIDA !TEM # 29697 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, Ci,ty Council APPROVED: CERTIFICATE OF PUBLIC CONVENIE14CE AND NECESSITI: Atlantic Limousines, Inc. Voti,ng: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. iIcClanan, John D. Moss, Mayor 14eyera E. Oberndorf, Nancy K. Parker, John L. Perry and l@illian D. Sessois, Jr. Council Members Voting Nay: None Council Members Absent: 1- .qarold Heischober - 37 - Item IV-H.7 CONSENT AGENDA ITEM # 29698 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council APPROVED: Ordinance authorizing Tax Refunds in the amount of $1,569-38 upon application of certain persons and upon certification by the City Treasurer for payment. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, 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: Harold Heischober NO. C.A. 7 6/16/88 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D atde Penalty lnt. Total Year of Tax Number tion No. p. i ohn A & Hope Tuthill 88 RE(2/2) 110138-7 4/28/88 28.88 arl 0 & Alma Kidwell 88 RE(1/2) 57452-8 11/18/87 49.35 rover C Wright, Attorney 88 RE(1/2) 6900-4 12/5/87 309.81 everly Campbell & G Roane 88 RE(2/2) 16330-2 5/12/88 52.62 RA Independence Associates 88 RE(1/2) 37174-7 3/18/88 953.53 len Capps Sparrow 88 RE(1/2) 102273-9 12/3/87 87.70 bert L & Myrtle Banks 88 RE(1/2) 5274-3 11/12/87 8.77 Savings Bank FSB 88 RE(1/2) 39693-5 11/24/87 13.86 Savings Bank FSB 88 RE(2/2) 39693-5 5/10/88 13.86 ulius E & Rosa Lea Bailey 88 RE(1/2) 4567-2 11/10/87 13.00 ulius E & Rosa Lea Bailey 88 RE(2/2) 4567-2 5/11/88 13.00 omas Fuller N/A Parking 175604 4/29/88 25.00 Total 1,569.38 This ordinance shall be effective from date of adoption. T@ a5bg\ge3 atem nt(s) totaling 11 . V were approved by the Council O' 'he C ity of Beach on th. 5 YiVni@98, day of - ----- Approved as to form: Ruth Hodges Smith City Clerk City Attorney - 38 - Itet,,i IV-K. 1 . ADJOURIA@T ITEM 11' 2o,699 Upon motion by Councilwoman Henley and BY A-ICLAMATION, City Council ADJOURNED the '@leeting at 4:45 P.M- L@. @@ Beverl,-D. Hooks Chief Deputy City Clerk *th Hod@s Snith, Cm@ Me'lerad'. Obcrndorf ty Clerk tiayor City of Virginia Beach Virginia