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Home My WebLink AboutJUNE 13, 1988 "f @il-@il-licA "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR ROBERT G. ]ONES, Al L.,g, VICE MAYOR MEYERA E OBERNDORF, Al L,,g, ALBERT W BALKO, B-.gh JOHN A. BAUM, B@k@,@@, @..gh ROBERT E FENTPESS, Vi,i@i. B ... h @.,h HARO@ HEISCHOBER, Al I,,, BARBARA M HENLEY, P.@g@ P-@@gh REBA S. M,CI-ANAN, Pi@- A@- B,@.gh JOHN D MOSS, K-p-ill, @-gh NANCY K. PARKER, Al Llg@ JOHN L PEMY, B.,,id, @@.gh 281 CITY HALL BUILDING MUNICIPAL CENTER CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-WO2 A-@ V. WA-. JR., Ci@ M@- (804) 427 4303 @@ WMWN, Cil, A@@ -Cl@, Cl@ JUNE 13, 1988 ITIN 1. COUNCIL CONFERENCE SESSION - Conference Room - 11:00 AM A. CITY COUNCIL CONCERNS ITF24 II. INFCRMAL SESSION - Conference Room - 11:30 AM A. CALL TO ORDER - Mayor Robert G. Jones B. ROLL CALL OF COUNCIL C. RBCESS TO EXBCURIVE SESSION ITEM III. FCRMAL SESSION - Council Chamber - 2:00 PM A. INVOCATION: Revererid Stanley W. Sawyer All Saints Episcopal Church B. PLEDGE OF ALLEGIANCE TO THE FIAG OF THE UNITED STATES OF AMERICA C. ELFCTRONIC ROLL CALL OF CITY COUNCIL D. ADOPTION OF ITEMS FOR THE FORMAL AGENDA E. MINTJTES 1. INFORMAL & FORMAL SESSIONS - June 6, 1988 F. PUBLIC HEARING 1. PIANNING a. RECONSIDERATION of the Application of S.A.S. Oceanfront Associates for a chanqe in a non nfo-ing use at the Northeast corner of Atlantic Avenue and Taskin Road, containing 17,424 square feet (virginia Beach Bc)rough). nis item was DENIED 4/25/88, scheduled for reconsideration 5/9/88, and DEFERRED 5/23/88. Recofnmendation: APPROVAL b. Application of New Life Presbyterian Church for a Conditional Use Permit for a church located at the West side of North Landstown Road, 1250 feet more or less South of Holland Road, containing 6.286 acres (Princess Anne Borough) Recommendation: APPROVAL c. Application of Robert and Alice Simpson for a Conditional Use Permit for an automobile repair establishment located on the est side of General Booth Boulevard, 300 feet North of Dam Neck Road , containing 17,860 square feet (Princess Anne Borough) . Recommendation: APPROVAL d. Application of Exxon Company USA for a Conditional Use Permit for gasoline plimps in conjunction with a convenience store and car wash located at the Northwest corner of Virginia Beach Boulevard and Thalia Road (4300 Virginia Beach Boulevard), containing 30,483 square feet (Kempsville Borough). Recommendation: APPROVAL e. Application of Ronald & Gwendolyn Dodson for a Conditional Use Permit for a home occupation (printing) located on the @st side of Kempsville Road, 670 feet more or less South of Albright Drive (1658 Kempsville Road), containing 1.36 acres (Kempsville Borough) . Recommendation: APPROVAL f. Application of Pembroke Manor United Church of Christ for a Conditional Use Permit for a church expansion on Parcel K. Section 3, Block 24, Pembroke Manor (601 Constitution Drive), containing 2 acres more or less (Bayside BC)rough) Recommendation: APPROVAL g. Application of Kenneth W. Nelson for a Variance to Section 4.4(d) of the subdivision ordinance, which requires all lots created in a subdivision to have direct access to a public street, on property located at 2856 West Landing Road (Pungo Borough). Recommeridation: APPROVAL h Application of Charlie and Evelyn Gray and Dorothy Whitehurst for a Variance to Section 4.4(b) of the Subdivision Regulati ,, which require lots created by subdivision to meet all of the requirements of the zoning Ordinance, on property located at 1665 and 1667 Princess Anne Road (Pungo BOrough). Recommendation: APPROVAL i. Applications of B]-ossom Hill Partnership and Blossom Hill Associates: For a Conditional Use Permit for a located on the West side of Princes@ne R..d, 4963 feet North of Pungo Ferry Road (851 Princess Anne Road), containing 140 acres (Pungo Borough); AND, For Variances to Sections 4.4(b) and 4.4(d) of the Subdivision Regulations, which require lots created by subdivision tc) meet all of the requirements of the Zoning Ordinance and each lot created by subdivision to have direct access to a public street, respectively, on property located on the West side of Princess Anne Road, 3850 feet more or less South of Stowe Road (Pungo Bc)rough) . Recommendation: APPROVAL j. Applications of Carroll S. and Cc)ra P. Giles on property located on the South side of Harpers Road, 6800 feet more or less West of Oceana Boulevard (1 741 Harpers Road) , (Princess Anne Borough): For a Change of Zoning District Classification from AG-2 Agricultural District to B-2 Community-Business District, containing 2.25 acres; AND, For a Conditional Use Permit for automobile repairs, motor vehicles sales and storage, containing 4 acres. Recommendation: APPROVAL k. Applications of Robert W. White, Sr., Trustee under Will of Willard L. White and Elizabeth H. White, Margaret L. White, Richard L. White, Robert W. White, Jr., Kathryn W. Utley and Robert W. White, Sr. for a Change of Zoning District Classification from AG-1 Agricultural District to I-1 Light Iridustrial District on property located: 1600 feet more or less West of the Intersection of General Booth Boulevard and Dam Neck Road, containing 148.32 acres; AND, 2000 feet more or less Southwest of the Western terminus of Dam Neck Road, containing 103.884 acres (Princess Anne Borough). Recommendation: APPROVAL 1. Application of Ho@In ilbod Stores, Inc. a Conditional Use Permit for gasoline sales in conjunction with a convenience @tore located at the Northwest intersection of General 130oth Boulevard and @ffian Road, containing 37,897 square feet (Princess Anne Borough). Recommendation: DENIAL m. Applicati.on of the City of Virginia Beach to A14END the Moster street and Highway Plan pertaining to DaM NeCk Road between @neral Booth Boulevard and Upton Drive. Recommendation: APPROVAL G. CRDIIMNCES/RESOLUrIONS 1. ordinance to AMEND and REORDAIN the City ZOning Ordinance: a. Article 1 5, Sec tion 1 51 6: desired design features and incentives in the RT-2 Resort Tourist DiStriCt b. Article 2, Section 253(f): open space promotion requirements c. Article 9, Section 904: height regulations in Business Districts d. Article 7, Section 704: height regulations in Hotel Districts e. Article 1 5, Section 1 522 (d) height regul-ations in the RT-3 Resort Tourist District f. Article 10, Section 1004: height regulations in Industrial Districts g. Article 2, Section 200: addition of Paragraphs (c) , (d) and (e) re lots Recommendation; APPROVAL a - g AND, h. Article 2, Section 203(a)(38): off-street parking requirements for shoppincj centers. Recommeridation: DEFER INDEFINITELY 2. Resolutions directing the Planning Ccmmission to consider and make its recommeridation to City Council concerning propdsed amendments to the City Zoning Ordinances: a. SLibdivision and Site Plan b. Sections 1405 and 1618 re public hearing procedure on permit application before the Wetlands Board and the Ooastal Primary sand DLme Zoning Ordinance, respectively. Recommendation; APPROVAL H. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Oouncil and will be enacted by one motion in the form listed. If any item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. CRDINANCES UPON SECOND READING for the City of Virginia Beach School Programs to be funded in FY 1988-1989: a. APPROPRIATE $8,581,907 for Special Categorical Grants. b. APPROPRIATE $2,009,358 for School Textbook Rental Fund. C. APPROPRIATE $307,650 for School Athletic Enterprise Fund. d. APPROPRIATE $10,282,582 for School Cafeteria Ehterprise Fund. 2. Crdinance upon SBCOND RF.ADING to APPROPRIATE $221,567 for increased correctional operation expenditures. 3. Crdinance upon SBCOND READING to APPROPRIATE $175,000 for Project #3-933 Laridfill #2 in the FY 1987-1992 Capital Improvement Program for the construction of a pump station. 4. Ordinance upon SBCOND READING to ACCEPT and APPROPRIATE $50,000 as a grant from the Wareheim Foundation to be utilized for the operation of a two-year Court Appointed Special Advocate Program. 5. ENCROACMENT a. Reino Lindroos (Maple Tree Pestaurant) Sign on building canopy at 2608 Atlantic Avenue I. UNFINISHED BUSINESS J. NEW BUSINESS 1. RERUEST FOR RECONSIDERATION of a condition in the October 20, 1986, approval of the No tor City Associates' application for a Conditional Use Pennit for automobile repair, sales, parts and service on property located at the Northeast corner of Virginia Beach Boulevard and North Witchduck Road, containing 8.4 acres (Bayside Borough). K. ADJOURNKENT SPECIAL SESSION 12: NOON JULY 1, 1988 MAYOR AND CITY COUNCIL OATRS OF OFFICE ELECTION OF THE VICE MAYOR RESCHEDULED SESSION JULY 4, 1988 (City Holiday) TO JULY 5, 1988 CITY COUNCIL RECESS JULY 18 - 31, 1988 Item IV-E.1 MINUTES ITEM # 29581 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Baum, City Council AMMYED, AS MODIFIED, the ;*INUTES of the INFORMAL & FORMAL SESSIONS of June 13, 1988. Councilwoman @IcClanan MODIFIED ITEM # 29537, Pages 13 and 14 ORDINANCE UPON APPLICATION OF ROBERT L. & ALICE M. SIMPSON FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR ESTABLISHMENT R06881146 The first part of the paragraph on Page 14 shall be listed as condition No. 7. 7. As there is the potential for four separate driveways and entrances along this section of General Booth, the ADOPTION of the Conditional Use Permit shall be with the understanding that at such time as the other properties are developed, all properties shall contribute equally to a right-turn lane. ITEM # 29544, Page 25 ORDINANCE UPON APPLICATION OF CARROLL S. & CORA P. GILES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO B-2 zo6881202 The first sentence on Page 25 shall be AMENDED to read: The following conditions shall be required at the time of any additional activity on the additional property being rezoned or developed. Condition No. 3 shall be AMENDED to read: 3. No outside auto repair work or outside storage of Darts will be permitted where it may be seen by the public from the highwa.y. ITEM # 29545, Pages 27 and 28: Ordinances upon application of RWMT W. WH]KTE, SR., TRUSTFE UNDER WILL OF WILLARD L. WHITE AND ELIZABETH H. WHITE, MARGARET L. WHITE, RICHARD L. WHITE, ROBERT W. VIHITE, JR., KATHRYN W. UTLEY AND ROBERT W. WHITE, SR. FOR CHANGES OF ZONING Under the words "The following conditions shall be required", Condition No. 3 shall be AMENDED and Condition No. 4 shall be added: 3. The drainage ditches shall be enclosed adjacent to the residential properties in Redwing and Dunwoody or Dam Neck Estates (the way it is shown on the plat). 4. As many trees as possible that are presently existing adjacent to those residential neighborhoods shall remain on the property. - 17 - Iteri IV-E.1 MIZITJTES ITEI,4 @q 29581 (Continued) Under the words "The following conditions shall be required prior to the changing of the official zoning maps:", A14END Page 28, Conditions 7, 8, and 9; and, ADD 10 as follows: 7. Before the final plans for the extension of Estat--s Drive to London Bridge Road are activated, they shall be returned to the City Council. This is deemed to be a part of the Traffic Analysis. 8. The Design Criteria Book to be used for guidelines and covenants shall be developed and returned for the City Council's review and approval within approximately three (3) months. 9. The design criteria shall include planning, procedure and consequences ol- non-coinpliance. 10. Those individuals who will review the design criteria shall include individuals knowledgeable of architecture and landscapin.@ as i'lell as engineering. Mayor-Elect Oberndorf advised it was incorrectly stated Mayor Robert G. Jones was ATTENDING the NATIONAL LEAGUE OF CITIES MEETING. Mayor Robert G. Jones was ATTEIIDI14G the U.S. CONFEREIICE OF MAYORS MEETING in Salt Lake City. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Ileischober, Barbara 14. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council @viembers Voting I-lay: None Council '4embers Abstaining: Mayor Robert G. Jones Council ilembers Absent: None *Mayor Robert G. Jones ABSTAINED as he was not in attendance during the City Council @-4eeting of June 13, 1988. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 13, 1988 The CITY COUNCIL CONCERNS SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor-Elect Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday, June 13, 1988, at 11:00 A.M. Council Members Present: Albert W. Balko, Robert E. Fentress Harold Heischober, Barbara M. Henley, Reba S. McClanan, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John D. Perry Council Members Absent: Councilman John A. Baum (ENTERED: 11:25 A.M.), Councilman John D. Moss (ENTERED: 11:10 A.M.) Mayor Robert G. Jones was ATTENDING the NATIONAL LEAGUE OF CITIES Meeting - 2 - 0 I T Y C 0 U N C I L C 0 N C E R N S ITEM # 29521 Councilwoman Henley referenced the incorrect news article stating the TRT rate Increase necessitated no discussion. Councilwoman Henley assured the City Council there was discussion particularly from Virginia Beach's representatives, Mayor Jones and herself. There were several rate increases before the Tidewater Transportation District Commission. The only one involving Virgi,nia Beach at the present time was the one concerning handi-rides. The Motion was made to raise the fares as had been proposed and it was rather obvious all of the other cities were in agreement with the rate i,ncreases. Mayor Jones and Councilwoman Henley questioned several possibilities. The representatives inquired whether the question could be separated but there was no sentiment for doing that. The representatives inquired whether there could be a different rate for the handi-ride in Virginia Beach as opposed to the other cities; however, this was not really viable as there would be different rates that would have to be advertised. A rider starting in Virginia Beach and ending in Norfolk would have a different sets of fares. The rate increase was passed to accommodate the needs of the Budget for TRT. The City does have the option to make up that difference. The zone fare would stay the same to the participant, but Virginia Beach can be billed for the 25cts increase if the City Council should desire to absorb same. The cost to Virginia Beach would be between $7,000 and $8,000 annually. The more specific estimate would be $7,100. Virgini-a Beach has more impact than any of the other cities. The city has longer rides and there are more individuals utilizing the system. Councilwoman Henley has requested a BRIEFING by James Echols, Executive Director - Tidewater Transportation District Commission, and staff to provide an overview of the entire handi-ride system. Councilwoman Henley noted letters received from Steve Johnson, Chairman - Mayor's Committee on the Handicapped, relative their OPPOSITION to the rate increase and another promoting and requesting the wheel chair lifts in the transportation system. Councilwoman Henley formulated concerns relative the number of individuals utilizing the system, the number of individuals "wheelchai,r bound" and their residences in relation to the main line bus as well as the criteria for eligibility. There is an eligibility form and a three person Committee of which Steve Johnson is Chairman. This committee reviews the eligibility form to determine if the person qualifies. Mr. Echols sai,d he could not recall any rejections as this is rather li,beral. There are all types of disabled individuals not just "wheelchair bound" who utilize this service. The basic zone fare is $1.50, if you stay in one zone. This has not changed. The basic fare is still $1.50. The zone fare changed. If the rider passes from one zone to another, it is raised from 50cts to 75cts and this will be the additional subsidy. Virginia Beach has three zones, from the oceanfront to London Bridge; from London Bri,dge to Thalia and from Thalia to Newtown Road. There are two more zones going to downtown Norfolk. The longest trip would entall five zones. The individual rider utilizes the service for approximately 40 to 50 trips a month. About forty percent of riders ride in one zone. The subsidy would be approximately $12.00 per ride. The rate increase will go into effect on July Third. Councilwoman Henley outlined the impact: Virginia Beach $7,100 Norfolk $5,3C)O Portsmouth $ 900 Chesapeake $ 700 Councilwoman Henley advised there are two different types of riders: indi.vi,duals who are part of an agency; i.e., Endependence Center, and independent riders. - 3 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 29521 (Continued) The City Manager will notify the City Council by June 20, 1988, relative the options; (1) Institute the rate increase to go into effect and then provide some tracking mechanism so it could be refunded at a later date; (2) Guarantee the City would reimburse TRT a certain amount until after the August Briefing. Mayor-Elect Oberndorf requested Councilwoman Henley and the City Manager to determine the criteria of individuals utilizing the handi-ride. Counci,lwoman Henley advised i,ndividuals may utiiize the handi-ride system for whatever purpose - recreation as well as employment and doctor's appointments. A BRIEFING will be SCHEDULED for the City Council Meeting of August 3, 1988. TTEM # 29522 Councilman Perry referenced the need for a personal relations institute for the young policeman concerning their over enthusiasm in citing tourists. ITEM # 29523 Councilman Perry referenced the signs on Northampton Boulevard. The speed limit signs were not replaced after they repaired Northampton Boulevard. ITEM # 29524 Councilman Perry expressed concerns relative skateboard ramps. The children do not care for the large skateboard ramps at Mount Trashmore. Councilman Perry advised the Teacher of Industrial Arts at Kempsville High School would be glad to build all sized ramps. Councilman Perry suggested conferring with the children on the dimensions. Mayor-elect Oberndorf advised there are skateboards ramps at Mount Trashmore, Redwing Park and a mobile one. ITEM # 29525 Councilman Perry further referenced a stop light at Burton Station. There were 56,880 cars in 24 hours. ITEM # 29526 Councilman Moss referenced Memorandums from the School Board relative their desire or need to enhance their CIP over and above what was previously programed. Councilman Moss suggested the City Council and School Board hold a WORKSHOP prior to the City Manager's coming back with a Formal CAPITAL IMPROVEMENT PROGRAM. ITE14 # 29527 Councilwoman McClanan referenced articles i,n the newspaper relative I-64. The City Manager advised tliere were articles reiated to the delay in the I-61, project in Virgini,a Beach of approximately 3 or 4 years. The City Manager will ADD-ON a Resolution to the Agenda urging the Virginia Department of Transportation take action June 16, 1988, to restore funding for I-64 to its former status i,n the FY 82-88 Six Year Improvement Program for both design and construction. A BRIEFING will be SCHEDULED for the City Council Meeting of June 20, 1988. - 4 - ITEM # 29528 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor-Elect Meyera E. Oberndorf dn the Conference Room, City Hall Buildi,ng, on Monday, June 13, 1988, at 11:37 A.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: Mayor Robert G. Jones - 5 - ITEM # 29529 Mayor-Elect Meyera E. Oberndorf entertained a motion to permit City Council to conduct i ts EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the followi,ng purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promoti,on, performance, demotion, salaries, disciplining 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 briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Harold Heischober, Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones - 6 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL June 13, 1988 2:00 P.M. Mayor-Elect Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, June 13, 1988, at 2:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council @lembers Absent: Mayor Robert G. Jones INVOCATION: Reverend Stanley W. Sawyer All Saints Episcopal Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 7 - ADOPTION OF ITEMS Item III-D.l. ITEM # 29530 Councilman Moss referenced a Resolution directing the Planning Commission to consider and make its recommendation concerning a proposal to amend the Master Street and Highway Plan so as to provide greater street widths. This Resolution will be ADDED-ON under UNFINISHED BUSINESS. Item III-D.2. ITEM # 29531 Councilman Fentress referenced an ENCROACHMENT upon application of Reino Lindroos (Maple Tree Restaurant) Sign on building canopy at 2608 Atlantic Avenue. (See Item IIII-H-5 of the CONSENT AGENDA.) Counci,lman Fentress requested this item be MOVED FORWARD to the last item on the PLANNING AGENDA. Item III-D-3- ITEM # 29532 The City Manager referenced the addition of a Resolution that Virginia Department of Transportation take action June 16, 1988, to restore funding for I-64 to its former status in the FY 87-88 Six Year Improvement Program for both design and construction. This item will be ADDED-ON under NEW BUSINESS. BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote, City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA. Councilwoman McClanan requested at each City Council Meeting, her vote on this particular item be recorded as a VERBAL NAY. 8 Item III-E.l. MINUTES ITEM 29533 ADD-ON Upon motion by Councilwoman Parker, seconded by Councilman Moss, City Council APPROVED the INFORMAL AND FORMAL SESSIONS of the City Council Meeting of June 6, 1988. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones 9 Item III-F.l. PUBLIC HEARING ITEM 29534 Mayor-Elect Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING a. S.A.S. ASSOCIATES RECONSIDERATION/Change in Nonconforming Use b. NEW LIFE PRESBYTERIAN CHURCH CONDITIONAL USE PERMIT c. ROBERT AND ALICE SIMPSON CONDITIONAL USE PERMIT d. EXXON COMPANY USA CONDITIONAL USE PERMIT e. RONALD & GWEDOLYN DODSON CONDITIONAL USE PERMIT f. PEMBROKE MANOR UNITED CHURCH OF CHRIST CONDITIONAL USE PERMIT g. KENNETH W. NELSON VARIANCE h. CHARLIE AND EVELYN GRAY AND VARIANCE WHITEHURST i. BLOSSOM HILL PARTNERSHIP AND BLOSSOM HILL CONDITIONAL USE PERMIT ASSOCIATES AND VARIANCES j. CARROLL S. AND CORA P. GILES CHANGE OF ZONING AND CONDITIONAL USE PERMIT k. ROBERT W. WIIITE, SR., TRUSTEE CHANGE OF ZONING UNDER WILL OF WILLARD L. WHITE AND ELIZABETH H. WHITE, MARGARET L. WHITE$ RICHARD L. WHITE, ROBERT W. WHITE, JR., KATHRYN W. UTLEY AND ROBERT W. WHITE, SH. 1. HOP-IN FOOD STORES, INC. CONDITIONAL USE PERMIT m. CITY OF VIRGINIA BEACH AMEND THE MASTER STREET AND HIGHWAY PLAN - 10 - Item III-F.l. PUBLIC HEARING PLANNING ITEM # 29535 Ted Boyce, spoke in opposition and presented two sets of petitions. one from residents within the area and the other from adjacent business owners Upon motion by Councilman Fentress, seconded by Councilman Heischober, City Council DENIED the application of S.A.S. OCFANFRONT ASSOCIATES for a change in a nonconforming use. This item was DENIED April 25, 1988 and on May 9, 1988 was SCHEDULED for RECONSIDERATION. Appli,cation of S.A.S. Oceanfront Associates for a Change in a Nonconforming Use on property located at the northeast corner of Atlantic Avenue and Laskin Road. Said parcel contains 17,424 square feet. VIRGINIA BEACH BOROUGH. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones Item III-F.l.b. PUBLIC HEARING PLANNING ITEM # 29536 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of NEW LIFE PRESBYTERIAN CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF NEW LIFE PRESBYTERIAN CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH R06881145 BE IT HEREBY ORDAINED BY THE COUNCTL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of New Life Presbyterian Church for a Conditional Use Permit for a church on certain property located on the west side of North Landstown Road, 1250 feet more or less south of Holland Road. Said parcel contains 6.286 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 for the proposed Back Bay/North Landing River Mangement District. 2. Category I screening shall be installed along the boundary of the proposed church building site adjacent to the R-5D Residential District sites. 3. A right turn lane is required for the site from North Landstown Road. 4. A variable width right-of-way reservation is required along North Landstown Road to provide for an ultimate 6-lane divided roadway section. Approximately forty-one (41) feet of right-of-way reservation will be required. The exact reservation will be determined during detailed site plan review. The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATE@IENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of June, Nineteenth Hundred and Eighty-eight. - 12 - Item III-F.I.b. PUBLIC HEARING PLANNING ITEM # 29536 (Continued) Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones Items III-F.l.b, e and f were voted upon together. STATr!MENT OF CONSENT APPLICANT: @w Life Presbyterian Church APPLICATION: Conditional Use Permit - North Landstown Road/Holland Road DESCRIPTION: Church CITY COUNCIL SESSION: June 13, 1988 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), R%S REVIEWED THE CONDITIONS FOR APPROVAL (REQUIRr!MENTS) RBCOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATTON FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. @e utilization of best management practices for controlling stormwater runoff which are reasonably applicable to the development of the site and in keeping with the recommendations for the proposed Back Bay/North Landing River Management District. 2. Category I screening shall be installed along the boundary of the Eropc)sed church building site adjacent to the R-5D Residential District sites. 3. A right turn lane is required for the site from North L-andstown Road. 4. A variable width right-of-way reservation is required along North @nding Road to provide for an ultimate 6 lane divided roadway section. Approximately forty-one (41) feet of right-of-way reservation will be required. The exact reservation will be determined durinq detailed site plan review. @ @liz Owndr By: Attorney/Agent Date: - 13 - Item III-F.l.c. PUBLIC HEARING PLANNING ITEM # 29537 John Perros, 1628 Cutty Sark Road, represented the applicant John Moragan, the Venture Companies, 303 34th Street, Phone: 491-3000, represented the applicant Upon motion by Councilwoman McClanan, seconded by Councilman Balko, City Council ADOPTED an Ordinance upon application of ROBERT L. & ALICE M. SIMPSON for a Conditional Use Permit: ORDTNANCE UPON APPLICATION OF ROBERT L. & ALICE M. SIMPSON FOR A CONDITIONAL USE PERMIT FOR All AUTOMOBILE REPAIR ESTABLISHMENT R06881146 BE IT HEREBY ORDAINED BY THE COUNCTL OF THE CITY OF VIRGTNIA BEACH, VIRGINTA Ordinance upon application of Robert L. & Alice M. Simpson for a Conditional Use Permit for an automobile repair establishment on certain property located on the west side of General Booth Boulevard, 300 feet north of Dam Neck Road. Said parcel contains 17,860 square feet. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. Category I landscape screening shall be installed along the northern, southern and western boundaries. 2. Only one standard thirty foot (30') wide curb cut shall be permitted onto General Booth Boulevard. 3. A twelve foot (121) right-of-way reservation is required along the frontage on General Booth Boulevard 4. A ten foot (101) scenic easement is required, to be in conformance with other easements along General Booth Boulevard. This easement must be heavily landscaped. An approvable landscape plan shall be submitted to the City Arborist. 5. The uti,lization of Best Management Practices for controlling stormwater runoff which are reasonably applicable to the development of the site and in keeping with the recommendations for the proposed Back Bay/North Landing River Management District. 6. This application shall comply with site plans presented to City Council on June 13, 1988. - 14 - Item III-F.l.c- PUBLIC HEARING PLANNING ITEM # 29537 (Continued) As there is the potential for four separate driveways and entrances along this section of General Booth, Councilwoman McClanan wished this ADOPTION to be with the understanding that at such time as the other properties are developed, all properties shall contribute equally to a right-turn lane. Robert Scott had advised this would be an element of site plan review as opposed to a condition of the Use Permit. Robert Scott advised as designated under the 14ASTER STREET AND HIGHWAY PLAN, thi.s is a controlled access highway. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of June, Nineteenth Hundred and Eighty-eight. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones 1 5 Item III-F.l.d. PUBLIC HEARING PLANNING ITEM # 29538 Attorney James M. Pickrell, Kellam, Pickrell and Lawler, represented the applicant. Attorney Pickrell advised the sign is presently 140 square feet - 70 feet on each side and 24 feet in height. The applicant will voluntarily reduce the sign to 54 feet on each side and 16 feet in height. Mr. Lloyd, Real Estate Engineer, advised the architecture will be similar to the other Exxon Convenience Stores in the area. The one at Indian River Road and Providence is an exact replica. Upon motion by Couiicilman Moss, seconded by Councilwoman McClanan, City Council DEFERRED for two weeks until the City Council Meeting of June 27, 1988, an Ordinance upon application of EXXON COMPANY USA: ORDINANCE UPON APPLICATION OF EXXON COMPANY USA FOR A CONDITIONAL USE PERMIT FOR GASOLINE PUMPS IN CONJUNCTION WITH A CONVENIENCE STORE AND A CAR WASH Ordinance upon application of Exxon Company USA for a Conditional Use Permit for gasoline pumps in conjunction with a convenience store and a car wash at the northwest corner of Virginia Beach Boulevard and Thalia Road. Said parcel is located at 4300 Virginia Beach Boulevard and contains 30,483 square feet. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. This application was DEFERRED to enable response to Councilman Moss's correspondence to determine if the policy at the local level of EXXON is being executed in accordance with the more public posture of the regional office. Councilman Moss addressed in his correspondence the policies the City is attempting to achieve and would appreciate the corporate participation The applicant will present pictures of the design of the building and the new sign at the City Council Meeti,ng of June 27, 1988. Voting: 9-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: John L. Perry Council Members Absent: Mayor Robert G. Jones - 16 - Item III-F.l.e. PUBLIC HEARING PLANNING ITEM # 29539 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Counci,l ADOPTED an Ordinance upon application of RONALD W. & GWENDOLYN L. DODSON for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF RONALD W. & GWENDOLYN L. DODSON FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (PRINTING) R06881147 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VTRGINIA BEACH, VIRGINTA Ordinance upon application of Ronald W. & Gwendolyn L. Dodson for a Conditional Use Permit for a home occupation (printing) on the east side of Kempsville Road, 670 feet more or less south of Albright Drive. Said parcel is located at 1658 Kempsville Road and contains 1.36 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. All work is confined to the interior of the garage located on the subject site. 2. The hours of operation are limited from 2:00 PM to 6:00 PM. 3. No outside storage of any product relating to the home occupation will be allowed. 4. Approval is for a period of two (2) years. The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the conditions for APPROVAL and has signed a STATE14ENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effecti.ve upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of June, Nineteenth Hundred and Eighty-eight. - 17 - Item IIT-F.l.e. PUBLIC HEARING PLANNTNG ITEM # 29539 (Continued) Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. 14oss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones Items III-F.l.b, e and f were voted upon together. STATEMENT OF CONSENT APPLICANT: Ronald & Gwendolyn Dodson APPLICATION: Conditional Use Permit - Kempsville Road/Albright Drive DESCRIPTION: Home Occupation - Printing CITY COUNCIL SESSION: June 13, 1988 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATTVE FOR THE OWNER, (or Agent for the owner) , TaS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIRE14ENTS) RlrOKMENDED BY THE VIRGINIA BEACH PLANNING C014MISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CTTY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. All work is confined to the interior of the garage located on the subject site. 2. 'Ihe hours of operation are limited from 2:00 PM to 6:00 PM. 3. No outside storage of any product relating to the home occupation will be allowed. 4. Approval is for a period of two (2) years. Ow tier By: Attorney/Agent Date: @- - /@ @r - 18 Item III-F.l.f. PUBLIC HEARING PLANNING ITEM # 29540 George J. Korzensky, represented the Pembroke Manor United Church of Christ, and advised Councilman Moss, they had very little activities at night. No li,ghting has presently been determined. If there is to be any lighting, it will be the smoke screened dampened type. Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of PEMBROKE MANOR UNITED CHURCH OF CHRIST for a Conditional Use Permit: ORDTNANCE UPON APPLICATION OF PEMBROKE MANOR UNITED CHURCH OF CHRIST FOR A CONDITIONAL USE PERMIT FOR A CHURCH EXPANSION R06881148 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Pembroke Manor United Church of Christ for a Conditional Use Permit for a church expansion on Parcel K, Section 3, Block 24, Pembroke Manor. Said parcel i,s located at 601 Constitution Drive and contains 2 acres more or less. BAYSIDE BOROUGH. The following conditions shall be required: 1. Only one additional curb cut will be allowed on Hinsdale Drive. This curb cut shall be located approximately one hundred feet (1001) from Independence Boulevard. The exact size and location will be determined during detailed site plan review. 2. The uti,lization of Best Management Practices for controlling stormwater runoff which are reasonably applicable to the development of the site. 3. In accordance wath the Master Street and Highway Plan, a thirty foot (30') right-of-way reservation is required along Independence Boulevard to provide for an ultimate eight (8) lane divided highway. 4. Approval is subject to a Board of Zoning Appeal's variance to the minimum area requirement of three (3) acres for churches. 5. Category I screening is required along the northern property line, adjacent to the residential development. The OWliER or LEGAL REPRESENTATIVE for the Owner has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. - ig - Item IIT-F.l.f. PUBLIC HEARING PLANNING ITEM # 29540 (Continued) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virgini,a Beach, Virginia, on the Thirteenth day of June, Nineteenth Hundred and Eighty-eight. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones Items III-F.l.b, e and f were voted upon together. STATE24ENT OF CONSENT APPLICANT: Pembroke Manor United Church of Christ APPLICATION: Conditional Use Permit - Constitution Drive DESCRIPTION: Church CITY COUNCIL SESSION: June 13, 1988 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE (MNER, (or Agent for the Owner) , HAS REVTEWED THE CONDITIONS FOR APPROVAL (REQUIRIMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BFACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND IIEREBY ACCEPTS AND AGREES TO: 1. Cnly one additional curb cut will be allowed on Hinsdale Drive. This curb cut shall be located approximately 100 feet from Independence Boulevard. 'Ihe exact size @ location will be determined during detailed site plan review. 2. 'Ihe utilization of best management practices for controlling stormwater runoff which are reasonably applicable to the developrnent of the site. 3. In accordance with the Master Street and Highway Plan, a thirty (30) foot right-of-way reservation is required along Independence Boulevard to provide for an ultimate eight (8) lane divided highway. 4. Approval is subject to a Board of Zoning Appeal's variance to the minimum area reqliirement of 3 acres for churches. 5. Category I screening is required along the northern property line, adjacent to the residential development. k,,- @l I v Owner/ By: Date: - 20 - Item III-F.l.g. PUBLIC HEARING PLANNING ITEM # 29541 Kenneth W. Nelson, 2733 West Landing Road, Phone: 426-2404, represented the applicant Upon motion by Councilwoman McClanan, seconded by Councilwoman Henley, City Council APPROVED an application of KENNETH W. NELSON for a Variance to Section 4.4(d) of the Subdivision Ordinance, which requires all lots created in a subdivision to have direct access to a public street. Appeal from Decision of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Kenneth W. Nelson. Property is located at 2856 West Landing Road. Plats with more detailed information are available in the Department of Planning. ?TJii68 BOR97JGil. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. Setbacks for the proposed residence shall be measured from the existing fifty foot (50') ingress/egress easement. 2. The variance is subject to the approval of the Health Department. An acceptable site plan and application for an on-site sewage disposal system i,s required. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones - 21 - Item III-F.l.h. PUBLIC HEARING PLANNING ITEM # 29542 James A. Murphy, Jr., 104 North Witchduck Road, Phone: 490-6401, represented the applicant. City Engineer Donald Trueblood advised the condition related to the thirty (30) foot drainage easement can be eliminated. Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council APPROVED an application of CHARLIE E. AND EVELYN V. GRAY AND DOROTHY S. WHITEHURST for a Variance to Section 4.4(b) of the Subdivision Regulations, which requires lots created by subdivision to meet all of the requirements of the Zoning Ordinance. Appeal from Decision of Administrative Offices in regard to certain elements of the Subdivision Ordinance, Subdivision for Charlie E. & Evelyn V. Gray and Dorothy S. Whitehurst. Property is located at 1665 and 1667 Princess Anne Road. Plats wi.th more detailed information are available in the Department of Planning. PUNGO BOROUGH. The following condition shall be required: 1. In accordance with the current Master Street and Highway Plan, a twenty-one foot (211) right-of-way dedication is required on Princess Anne Road for an ultimate four (4) lane divided highway. Voti.ng: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones - 22 - Item III-F.l.i. PUBLIC HFARING PLANNING ITEM # 29543 Attorney Robert Steinhilber, 303 Lynnhaven Parkway/851 Princess Anne Road, represented the applicant. Attorney Steinhilber advised this lot currently has six trailers located thereon. These trailers will be removed and the parcel will become Lot 21 which will be deeded to the Homeowners Association as a recreation area. The boat slips will be located here. The applicant is creating a place for residents of the subdivision to dock their boats which are anticipated to be small - under 20 feet. Lot 22 is approximately 100 acres of Wetlands and the owners have arranged to donate this lot to The Nature Conservancy. A copy of the letter dated April 28, 1988 from The Nature Conservancy to Robert E. Steinhilber i.s hereby made a part of the record. Attorney Robert Steinhilber presented copies of the site plan which are hereby made a part of the record. Jack Whi,tney, advised the canal is 3100 feet long and permitted for 16 feet wide to a depth of about 3-3/4 feet. It is not bulkheaded. If there was a considerable amount of boat traffic in a long slender canal that had natural banks, one might anticipate bank erosion at a faster rate. This would probably be considered a recreational project soleiy at the instigation of the property owners who would bear the full cost of whatever improvements they would make to it. Jack Whitney did not believe the Corps of Engineers would consider it necessary as part of navigation for the river. Upon moti,on by Councilwoman Henley, seconded by Councilman Baum, City Council DEFERRED for six (6) months until the City Council Meeting of December 12, 1988, applications of BLOSSOM HILL PARTNERSHIP AND BLOSSOM HILL ASSOCIATES for a Conditional Use Permit and Variances to Section 44.(b) and 4.4 (d) of the Subdivision Regulations, which require lots created by subdivision to meet all of the requirements of the Zoning Ordinance and have direct access to a public street. ORDINANCE UPON APPLICATION OF BLOSSOM HILL PARTNERSHIP, A VIRGINIA PARTNERSHIP, FOR A CONDITIONAL USE PERMIT FOR A PRIVATE MARINA Ordinance upon application of Blossom Hill Partnership, a Virginia Partnership, for a Conditional Use Permit for a private marina on the west side of Princess Anne Road, 4963 feet north of Pungo Ferry Road. Said parcel is located at 851 Princes Anne Road and contai,ns 140 acres. Plats with more detailed information are available in the Department of Planning. PUNGO BOROUGH. A N D, Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Blossom Hill Associates. Property is located on the west side of Princess Anne Road, 3850 feet more or less south of Stowe Road. Plats with more detailed information are available in the Department of Planning. PUNGO BOROUGH. - 23 - Item III-F.l.j. PUBLIC HEARING PLANNING ITEM # 29543 (Continued) Councilwoman Henley advised she would wish assurance from all the regulating agencies that this can be maintenance dredged, suitable for navigation of twenty boats and these indivi,duals would be permitted to have same as needed, an assurance that Lot 22 would become the property of The Nature Conservancy concurrent with the application for P-1 Zoning and agreement from The Nature Conservancy that this canal through their property can be dredged for navigation, as needed. Councilwoman Henley wished to view a maintenance plan for thi,s property that would assure the Homeowners Association would be able to maintain the navigability of this 3100-foot canal and that it would not now or ever become a liability nor public responsibility for the City. Councilwoman Henley requested assurance that the Homeowners Association could own this Marina Facility as well as their method of limi,ting the access to owners and their method of assuri-,ig hours of operation from 7:00 A.M. to 10:00 P.M. If this is to be a viable Homeowenrs Association, the City Council needs to be assured all are to be home sites and building sites and thus needs to pursue the entire plan. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones - 24 - Item III-F.l.j. PUBLIC HEARING PLANNING TTEM # 29544 Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971, represented the applicants Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council ADOPTED Ordinances upon appli,cation of CARROLL S. AND CORA P. GILES for a Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF CARROLL S. & CORA P. GILES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO B-2 zo6881202 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Carroll S. & Cora P. Giles for a Change of Zoning District Classification from AG-2 Agricultural District to B-2 Community-Business District on certain property located on the south side of Harpers Road, 6800 feet more or less west of Oceana Boulevard. Said Darcel contains 2.25 acres. Plats with more aetailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF CARROLL S. & CORA P. GILES FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE REPAIRS, MOTOR VEHICLE SALES AND STORAGE R06881148A BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Carroll S. & Cora P. Giles for a Conditional Use Permit for automobile repairs, motor vehicle sales and storage on the south side of Harpers Road, 6800 feet more or less west of Oceana Boulevard. Said parcel is located at 1741 Harpers Road and contains 4 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. The following conditoins shall be required prior to the changing of the official zoning maps: 1. A right-of-way dedication measured thirty-five feet (351) from the centerline of the existing right- of-way along Harpers Road to provide for a four (4) lane undivided arterial with a bikeway as per the Master Street and Highway Plan. Approximately twenty-two feet (221) of right-of-way dedicati,on will be required. The exact right-of-way dedication will be determined at detailed site plan review. 2. A deed restriction shall be recorded limiting the development of the entire site to automobile repair, automobile sales and bulk storage operation. - 25 - Item III-F.l.j. PUBLIC HFARING PLANNING ITEM # 29544 (Continued) The following conditions shall be required at the time of development: 1. A ten foot (101) landscaping strip is required along this site's frontage on Harpers Road at the side of this property with landscaping as specified in Section 5A.5 of the Site Plan Ordinance. 2. The bulk storage yard and automobile repair garage must be completely enclosed, except for necessary openings for ingress and egress, by a fence not less than six feet (61) in hei,ght and Category VI screening. 3. No outside auto repair work or outside storage of parts will be permitted. 4. All outdoor lights shall be shielded to direct light and glare onto the premises and focused away from all adjoi.ning property. Any outdoor lighting fixtures shall not be erected any higher than fourteen feet (14'). 5. The utiiization of Best Management Practices for controlling stormwater runoff which are reasonably applicable to the development of the site and in keeping with the recommendations for the proposed Back Bay/North Landing River Management District. 6. The fifty foot (50') landscaped setback to the fence, as shown on the submitted site plan, shall be measured from the edge of the existing pavement on Harpers Road. If Harpers Road is widened in the future, the fence will be relocated so that it will always be fifty feet (501) from the paved portion of Harpers Road. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of June, Nineteenth Hundred and Eighty-eight. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones - 26 - Item III-F.l.k. PUBLIC HEARING PLANNING IT-714 # 29545 The following spoke in favor of the application: Deputy City Attorney Kevin J. Cosgrove represented the Development Authority of the City of Virginia Beach. The Development Authority is the contract purchaser of the land. The concept is to create a mixed-use business park consisting of four (4) separate districts - Research and Development District, Low Density Office District, Medium Density Office District, and a Mixed Use Development District. Berl Saunders, Architect, addressed Councilwoman McClanan's concerns relative buildings adjacent to residential areas. William J. Cashman, Jr., Transportation Planner, Langley and McDonald Thomas J. Danels, 1223 Eaglewood Drive, Phone: 491-1709 LCDR Mark Terrell, NAS Oceana, Phone: 433-2408 OPPOSITION: John Vogel, 240 London Bridge Road, Phone: 427-6610, represented the Hunt Club Properties, expressed concern relative Estates Drive extension into Hunt Club Forrest. Councilwoman McClanan requested on page 5 of the Proffers only the No. 1. Use in the Research and Development Office Warehouse District be considered for buildings adjacent to the property north and east of Estates Drive (resi.dential area). The other uses do not seem appropriate to be placed next to Redwing or Dam Neck Estates. (Business, medical, financial, nonprofit, professional and similar office buildings in conjunction with an office/warehouse environment.) Thi,s particular concern will be addressed in the design criteria. Upon motion by Councilwoman McClanan, seconded by Councilman Fentress, City Council ADOPTED Ordinances upon application of ROBERT W. WHITE, SR., TRUSTEE UNDER WILL OF WILLARD L. WHITE AND ELIZABETH H. WHITE, 14ARGARET L. WHITE, RICHARD L. WHITE, ROBERT W. WHITE, JR., KATHRYN W. UTLEY AND ROBERT W. WHITE, SR. for Changes of Zoning: ORDINANCE UPON APPLICATION OF ROBERT W. WHITE, SR., TRUSTEE u/w/o WILLARD L. WHITE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION RROM AG-1 TO I-1 Z0688120 3 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordi,nance upon application of Robert W. White, Sr., Trustee u/w/o Wiiliard L. White for a Change of Zoning District Classificati,on from AG-1 Agricultural District to I-1 Light Industrial Distri,ct on certain property located 1600 feet more or less west of the intersection of General Booth Boulevard and Dam Neck Road. Said parcel contains 148-32 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANIQE BOROUGH. A N D, - 27 - Item III-F.l.k. PUBLIC HEARING PLANNING ITEM # 29545 (Continued) ORDINANCE UPON APPLICATION OF ELIZABETH H. @THITE, MARGARET L. WHITE, RICHARD L. WHITE, ROBERT W. WHITE, JR. KATHRYN W. UTLEY AND ROBERT W. WHITE, SR., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO I-1 Z06881204 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Elizabeth H. White, Margaret L. 14hite, Richard L. White, Robert W. lihite, Jr., Kathryn W. Utley and Robert W. @Thite, Sr., for a Change of Zoning District Classification form AG-1 Agricultural District to 1-1 Liglit Industrial District on certain property located 2000 feet more or less southwest of the western terminus of Dam Neck Road. Said parcel contains 103.884 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. A complete set of proffers, as AMENDED, shall be submitted and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. 2. The applicant shall install drainage for Estates Drive for the entire right-of-way and provide adequate sized lakes to handle the drainage. 3. The drainage ditches shall be enclosed at Redwing. The following conditions shall be required prior to the changi,ng of the official zoning maps: 1. A variable width right-of-way dedication of up to one hundred sixty-four (164') feet is required for the future extension of Dam Neck Road, as per the Master Street and Highway Plan. 2. A variable width right-of-way dedication, as determined to be necessary, is required for the future extension of Estates I)rive, per the Master Street and Highway Plan. 3. A variable width right-of-way dedication of up to sixty-six (661) feet i,s required for the future extension of Culver Lane, as per the !,laster Street and Highway Plan. 4. The utilization of Best Management Practices for controlling stormwater runoff which are reasonably applicable to the development of the site and in keeping with the recommendations for the proposed Back Bay/North Landing River Management District. 5. The Development Authority shall coordinate with the City on a complete re-evaluation of the whole traffic system for this particular area. - 28 - Item III-F.l.k. PUBLIC HEARING PLANNING ITEM # 29545 (Continued) 6. Neither the City nor the Development Authority shall extend existing residential streets known as Eaglewood Drive, Hummingbird and Hubbell Dri,ve into the property. Additionally, the Development Authority shall not extend that certain unnamed fifty (50') foot wide street between parcels 206B and 207 as shown on that plat entitled "Resubdivision of Lots 205, 206 and Lots 263 through 279 Redwing, Section (MB154, P48)," dated October 20, 1982, made by Miller-Fox-Stephenson, P.C., recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 162 at page 23. 7. Before the extension of any road within the Industrial Park into Hunt Club Forrest, it must be returned to City Counci,l. 8. The design criteria shall include planning, procedure and consequences of non-compliance and upon completion within three (3) months must be presented to City Council for its review and approval. 9. Those individuals who will review the design criteria shall i,nclude individuals knowledgeable of architecture and landscaping as well as engineering. "The proffers shall be AMENDED. The minimum Lot Area shall remain 2 acres for the Low Density Office District and shall be increased to 3-1/2 Acres in the Research and Development District, Medium Density Office District, and Mixed Use Development District. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of June, Nineteenth Hundred and Eighty-ei,ght. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting liay: None Council Members Absent: Mayor Robert G. Jones DEVELOPMENT AUTHORITY OF THE CITY OF VIRGINIA BEACH, VIRGINIA TO (COVENANTS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 13th day of June, 1988, between DEVELOPMENT AUTHORITY OF THE CITY OF VIRGINIA BEACH, VIRGINIA (Grantor), of the one part, and CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (Grantee), of the other part; WITNESSETH THAT: WHEREAS, the Grantor has initiated an amendment to the Zoning map of the City of Virginia Beach, Virginia, by petition of the Grantor addressed to the Grantee, so as to change the classification of the Grantor's property from AG-1 to I-1, on certain property containing a total of 252.204 acres, more or less, in Princess Anne Borough, in the City of Virginia Beach, virginia, said property being referred to hereinafter as "the property," and being generally described as Parcel 1, consisting of 148.32 acres on the plat entitled "Survey of Property of Willard White Estate," dated November 4, 1980, made by Bonifant Land Surveyors, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in map Book 145, at page 11A; and Parcel 2, consisting of 103.884 acres on the plat entitled "Survey of Property of Roger C. White, Est. (1/2 interest), Kathryn L. White and Robert W. White, Jr. (1/4 interest) D.B. 1624, p.p. 673, 675, 677 near Brook's Bridge Princess Anne Borough, Virginia Beach, Virginia" dated Decem- ber 18, 1980, made by Bonifant Land Surveys, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2667, at page 2058, for a total acreage of 252.204 acres of the property; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including industrial purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the subject property and at the same time to recognize the effects of change, and the need for various types of uses, including industrial and office, certain reasonable conditions governing the use of the property for the protection of the community that are not generally applicable to land similarly zoned I-1 are needed to cope with the situation which the Grantor's rezoning application gives rise to; and WHEREAS, the Grantor has voluntarily proffered in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the I-1 zoning district or zone by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development and operation of the property to be adopted as a part of said amendment to the new Zoning Map relative to the property described above, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the zoning ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance, unless,notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia 2 Beach, Virginia, and executed by the record owner of the subject property at the time of recordation of such instrument; provided, further, that said instrument is consented by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of Code of virginia, Section 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent; NOW, THEREFORE, the grantor, for himself , his successors, 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 quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions as to the physical development and operation of the subject property and governing the use thereof and hereby covenants and agrees that this declaration shall constitute covenants running with the said property, which shall be binding upon the property and upon all parties and persons claiming under or through the Grantor, its personal representatives, assigns, grantees and other successors in interest or title, namely: The Grantor shall develop the property as four (4) separate and distinct districts, each subject to restrictions hereinafter described. They are the research and development office warehouse district (R&D); the low density office district (LDO); the medium density office district (MDO); and the mixed use development district (MXD). The districts will be set approximately as shown on the attached zoning plan indicated as .'Appendix A." However, since the locations of Dam Neck Road and Estates Drive have not yet been precisely determined, it is presently impossible to define the precise internal borders of the districts by meets and bounds description. After the precise locations of these roads have been determined by the City, the 3 Grantor will cause a survey to be prepared which will describe the precise boundaries of each district. The aforesaid survey shall be submitted to the Council of the City of Virginia Beach for approval and, if approved, shall be recorded in the office of the Clerk of the Circuit Court of the City of Virginia Beach, together with a certified copy of an ordinance or resolution confirming the approval of the survey, which said ordinance or resolution shall be conclusive evidence of such approval. The Grantor is currently preparing the design criteria for the property, which design criteria shall precisely state how the property is to be developed. The design criteria shall address the siting of a building on the property, the fences on the property, the landscaping of the property, the lighting of the property, the signage that will be allowed on the property, the materials that will be allowed in the buildings on the property, and how plans that are submitted to the Grantor will be reviewed and approved by the Grantor. when the design criteria have been completed by the Grantor, it will be submitted to the Council of the City of Virginia Beach for approval and, if approved, shall be filed with the City Clerk of the City of Virginia Beach, Virginia, together with a certified copy of an ordinance or resolution confirming the approval of the design criteria, which said ordinance or resolution shall be conclusive evidence of such approval. The ordinance or resolution shall also be filed in the Office of the Clerk of the Circuit Court of the City of Virginia Beach. The design criteria shall not be filed in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, due to its length. 1: The following uses shall be the only uses peimitted within each district. Those uses requiring a conditional use permit from City Council shall continue to be required to obtain said conditional use permit, and City Council by accepting this proffer, does not grant the right to place any conditional uses within the property. 4 R&D: RESEARCH AND DEVELOPMENT OFFICE WAREHOUSE DISTRICT This classification refers to the development of one and two story office/warehouse buildings. USE 1. Business, medical, financial, nonprofit, professional and similar office buildings in conjunction with an office/warehouse environment. 2. Establishments such as linen suppliers, freight movers, communication services and canteen services. 3. Establishments which deliver merchandise in bulk by truck or van. 4. Light assembly, processing, extracting, packaging or fabricating establishments. 5. Motion picture studios. 6. Printing lithographic or publishing establishments. 7. Public utilities installations and substations including offices. 8. Radio or television transmission and relay stations. 9. Wholesaling, warehousing, storage or distribution establishments. 10. Eating and drinking establishments in connection with other permitted uses (no free-standing restaurant sites). ii. Accessory uses and structures which may be reviewed and approved by the Virginia Beach Development Authority and the City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach Comprehensive Zoning Ordinance. LDO DISTRICT: LOW DENSITY OFFICE USE This classification refers to the development of one and two story office buildings. USE 1. Business, medical, financial, nonprofit, professional and similar office buildings. 2. Lithographic and publishing establishments. 3. Public buildings and grounds. 4. Vocational, technical, industrial, and trade schools. 5. Motion picture studios. 6. Accessory uses and structures which may be reviewed and approved by the Virginia Beach Development Authority and the City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach Comprehensive Zoning ordinance. 5 MDO DISTRICT: MEDIUM DENSITY OFFICE USE This classification refers to the development of mid-rise office buildings. USE 1. BuSiness, medical, financial, nonprofit, professional, and similar office buildings. 2. Eating and drinking establishments in connection with other permitted uses (no free-standing restaurant sites). 3. Motion picture studios. 4. Printing, lithographic or publishing establishments. 5. Recreational facilities of an outdoor nature in accordance with the Virginia Beach Comprehensive Zoning Ordinance. 6. Vocational, industrial and trade schools. 7. Recreational facilities other than those of an outdoor nature. 8. Public and private schools, colleges and universities. 9. Accessory uses and structures which may be reviewed and approved by the Virginia Beach Development Authority and the City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach Comprehensive Zoning Ordinance. MXD DISTRICT: MIXED USE DEVELOPMENT This classification refers to the development of a mixed use complex that would provide retail shops, hotel, restaurants, office space, sports and recreation centers. USE 1. Automobile service stations in connection with other permitted uses. 2. Automotive r e n t a 1 ,parts and supply stores in connection with other permitted uses. 3. Business, medical, financial, nonprofit, professional and similar office buildings. 4. Car wash facilities in connection with other permitted uses. 5. Eating and drinking establishments. 6. Establishments such as linen suppliers, freight movers, communication services, and canteen services. 7. Hotels and motels. 8. Printing, lithographic or publishing establishments. 9. Recreational facilities of an outdoor nature. 6 10. Recreational facilities other than those of an outdoor nature. ii. ACcessory uses and structures which may be reviewed and approved by the Virginia Beach Development Authority and the City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach Comprehensive Zoning Ordinance. 2: The following chart lists the building requirements within the various classifications for minimum lot area, width, yard spacing, floor area ratio, and coverage: R&D LDO MDO MXD Minimum Lot Area 3.5 Ac 2 Ac 3.5 Ac 3.5 Ac Minimum Lot Width 100, 100, 100, 100, Minimum Yard Setback Adjacent to Dam Neck Road 100' 100, 100, -- Minimum Yard Setback Adjacent to Estates Drive 75' 75' 75' -- Minimum Yard Setback Adjacent to Other Public/ Private Streets 50' 50' 50' 50' Minimum Yard Setback Adjacent to Residential Neighborhoods 75' 75' 75' 75' Minimum Yard Setback Adjacent to Side Property Lines 30' 30' 30' 30' Minimum Yard Setback Adjacent to Rear Property Lines 30' 30' 30' 30' Maximum Floor Area Ratio 2.5 2.5 2.5 2.5 Maximum Building and Paved Area Coverage (excluding outside plaza and gathering areas) 75% 60% 60% 65% 3: The following chart lists the parking lot setback require- ments within the various classifications of the property. R&D LDO MDO MXD Minimum Yard Setback Adjacent to Dam Neck Road 75' 75' 75' Minimum Yard Setback Adjacent to Estates Drive 40' 50' 50' -- Minimum Yard Setback Adjacent to other Public Streets 401 50' 50' 50' 7 Minimum Yard Setback Adjacent to Private Streets (excluding access drives & parking lot drive aisles) 25' 25' 25' 25' Minimum Yard Setback Adjacent to Residential Neighborhoods 75' 75' 75' 75' Minimum Yard Setback Adjacent to Side Property Lines 15'* 15'* 151* 15'* Minimum Yard Setback Adjacent to Rear Property Lines 15' 15' 151 15' Minimum Yard Setback Between Parking Lots Buildings (excluding sidewalks) 201 20' 201 20' * Excluding common drive aisles between parcels 4: The maximum building height for the various use classifica- tions located within the property are as follows. A. R&D: 35 Feet B. LDO: 35 Feet C. MDO: Not to exceed a height equal to twice the distance from the building to the vertical projection of the center line of the nearest public street. D. MXD: Not to exceed a height equal to twice the distance from the building to the vertical projection of the center line of the nearest public street. E. Notwithstanding the above, no building or other structure shall exceed the height limit established by the Virginia Beach Comprehensive Zoning Ordinance regarding air navigation. 5: General Requirements Applicable to all use classifications located within the property. A. Parking Requirements: The minimum number of parking spaces and dimensional requirements on any site shall be as follows: 1. One parking space for each 250 square feet of gross floor area used for offices. 2. One parking space for each 500 square feet of gross floor area for research and 'development or one space per employee on the highest working shift, whichever is greater. 3. One parking space for each 200 square feet of gross floor area for commercial/retail. 4. One and one-half parking spaces per hotel room. 8 5 As required by the City of Virginia Beach Comprehensive Zoning ordinance for other uses permitted within the property. 6. The size of parking stalls and handicapped allowances shall be as required by the City of Virginia Beach Comprehensive Zoning Ordinance. 7. The width of parking lot drive aisles shall be a minimum of 24 feet. 8. The color of parking lot stripping shall be white. Special stripping shall be as required by the City of Virginia Beach. 9. These requirements shall be accepted as minimum standards, however, such requirements shall not relieve the s i t eowner or lessor of the responsibility of providing ample on-site parking for actual user demands. Parking on access roads and dedicated streets shall be prohibited. B. Loading Areas 1. Loading docks shall be designed and located so that they are not visible from public roadway view, adjacent residential neighborhood view, and view within the park. The uses of berming and landscape screening shall be employed to screen loading areas. 2. The location of any loading dock areas shall be subject to approval by the Virginia Beach Development Authority. C. Landscape Requirements (Minimum). 1. The Development Authority will provide in the 75 foot setbacks adjacent to the existing residential neighborhoods of Red Wing and Dam Neck Estates rolling earthen berm (minimum height four (4) feet up to approximately ten (10) feet) with appropriate evergreen plantings to provide a buffer between the park and adjacent residential neighborhoods. Where the park abuts property not currently developed for residential use the Authority will reserve a 75 foot strip of land for the future placement of a berm and evergreen plantings should said adjacent property be developed into residential neighborhoods. 2. The developer of the individual sites shall provide a continuous evergreen and/or low berm screen along any side of a parking lot that abuts a public street right-of-way. Such buffer shall be located within the parking lot setbacks established by Section 3. 3. The developer of any site that abuts a storm water retention lake or canal shall provide a landscape buffer (minimum width 15 feet) between said lake and/or canal and any proposed parking lot. This buffer shall be planted with a mixture of deciduous and evergreen plant materials. 6: The Development Authority shall not extend the existing residential streets known as Eaglewood Drive, Hummingbird Lane and Hubbell Drive into the property. Additionally, the Development 9 Authority shall not extend that certain unnamed 50 foot wide street between parcels 206B and 207 as shown on that plat entitled "Resubdivision of Lots 205, 206 and Lots 263 through 279 Redwing, Section Two (MB154, p48)," dated October 20, 1982, made by Miller-Fox-Sephenson, P.C., recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 162 at page 23. The Development Authority shall not grant right- of-way over the property for connections into residential neighborhoods not yet developed except those streets so designated on the City of Virginia Beach Master Street and Highway Plan. All references hereinabove to the I-1 district and to the requirements and regulations applicable thereto refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of June 13, 1988, which is by this reference incorporated herein. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, virginia, to administer and enforce the foregoing conditions, including (i) the ordering in writing oE the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by the decision of the Zoning Administrator made pursuant to the provisions, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of 10 the zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and Grantee. WITNESS the following signatures and seals. (SEAL) (SEAL) STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: I, a Notary Pubic in and for the State of Virginia at Large, do hereby certify that I whose name(s) is/are signed as Grantor to the foregoing instrument bearing date on the day of 1 198-, has acknowledged the same before me in the city and state aforesaid. Given under my hand this day of 198-. Notary Public my commission expires zz Z) mco - 29 - Item III-V-F.1.1 PUBLIC HEARING PLANNING ITEM # 29546 Attorney Charles M. Salle', 912 Ballard Court, Phone: 490-3000, represented the applicant. Attorney Salle advised the applicant will construct this particular facility with a colonial design of all brick and a bronze canopy will be installed in lieu of the standard green. OPPOSITION: Thomas J. Danels, 1223 Eaglewood Drive, Phone: 491-1709, expressed concern relative traffic. Upon motion by Councilwoman McClanan, seconded by Councilman Fentress, City Council DEFERRED until the City Council Meeting of June 27, 1988: ORDINANCE UPON APPLICATION OF HOP-IN FOOD STORES, TNC. FOR A CONDITONAL USE PERMIT FOR GASOLINE SALES IN CONJUNCTION WITH A CONVENIENCE STORE Ordinance upon application of Hop-In Food Stores, Inc., for a Conditional Use Permit for gasoline sales in conjunction with a convenience store on certain property located at the northwest intersection of General Booth Boulevard and Ruffian Road. Said parcel contains 37,897 square feet. Plats with more detailed information are available in the Department of Planning. PRTNCESS ANNE BOROUGH. This DEFERRAL will enable clarification of hours of operation and a traffic plan for the uroposed development of all three of the parcels. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Hei,schober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones - 30 - Item III-F.l.m. PUBLIC HEARING PLANNING ITEM # 29547 Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City Council ADOPTED: An Amendment to the Master Street and Highway Plan pertaini.ng to Dam Neck Road betwen General Booth Boulevard and Upton Drive from a 4-lane divided arterial with a bikeway to a 6-lane divided arterial with a bikeway. Voting: 10-0 Council llembers Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones - 31 - Item III-G.l. ORDINANCES/RESOLUTIONS ITEM # 29548 Upon motion by Councilman Fentress, seconded by Councilman Moss, City Council ADOPTED, As Revised: Ordinance to Amend and Reordain Article 15, Section 1516 of the City Zoning Ordinance Pertaining to Desired Design Features and Incentives in the RT-2 Resort Tourist District Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones 1 AN ORDINANCE TO AMEND AND REORDAIN 2 ARTICLE 15, SECTIONS 1516 3 OF THE CITY ZONING ORDINANCE 4 PERTAINING TO DESIRED DESIGN FEATURES 5 AND INCENTIVES IN THE RT-2 RESORT TOURIST DISTRICT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 8 9 10 Thdt Article 15, Section 1516 of the City Zoning Ordinance pertaining 11 to desired design features and incentives in the RT-2 Resort Tourist 12 District is hereby amended and reordained as follows: 13 14 15 Sec. 1516. Desired design features and incentives. 16 17 Notwithstanding any provision to the contrdry above; 18 19 (a) For these uses which incorporate all of the following Desired 20 Design Features: 21 (1) Minimum lot size of 40,000 square feet. 22 (2) Setback from east-west streets of at least 10 feet with area 23 landscaped in dccordance with the Landscaping. Screening and 24 Buffering Specifications and Standards. 25 26 Netw4thstaRd4ng-aRy-pr-GVtS@R-t-a@-c@-r@@ -the maximum density 27 of hotel dnd motel use shall be 100 lodging units per acre-f dnd the 28 maximum height for hotel and motel use shall be seventy-five (75) feet 29 provided, however, the MdXimum height shall be 100 feet if all portions 30 of the building above 75 feet in height are set back from the eastern 31 property line dt least I foot for each 115 feet of additiondl height 32 above 75 feet. The maximum density for multi-family dwellings shall be 33 30 units per dcre. 34 35 (b) For those uses which incorporate all of the Desired Design 36 Features outlined in (a) above dnd in addition to incorporate the 37 following: 38 (1) Minimum lot size of 60,000 square feet. 39 (2) Setbdcks from east-west streets of at ledst 15 feet with the 40 area landscaped in accordance with the Landscaping, Screening 41 and Buffering Specifications and Standdrds. 42 43 Netw4thstand4Rg-any-pr-gv*r,ctsGR-to@-c@-r@@ -the maximum density 44 of hotel and motel use shall be 120 lodging units per acre@ the maximum 45 height for hotel and motel use shall be seventy-five (75) feet provided, 46 however, the maximum height shall be 100 feet if all portions of the 47 building above 75 feet in height are set back from the edstern property 48 line at least I foot for each 1; feet of additional height above 75 49 feet. The maximum density of multi-family dwellings use shall be 36 50 dwelling units per acre. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on 53 54 the 13 day of June 1988. 55 56 57 DCS/ds 58 6/13/88 59 \CZO1\SEC1516.CZO - 32 - Item III-G.l.b/c/d/e/f/g ORDINANCES/RESOLUTIONS ITEM # 29549 Upon motion by Councilman Balko, seconded by Councilman Moss, City Council ADOPTED: Ordinances to AMEND and REORDAIN the City Zoning Ordinance: Article 2, Section 253(f): open space promotion requirements Article 9, Section 904: height regulations in Business Districts Article 7, Section 704: height regulations in Hotel Districts Article 15, Section 1522(d): height regulations in the RT-3 Resort Tourist District Article 10, Section 1004: height regulations in Industrial Districts Article 2, Section 200: addition of Paragraphs (c), (d) and (e) re lots Voting: 10-0 Council @lembers Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones 1 AN ORDINANCE TO AMEND AND REORDAIN 2 ARTICLE 2, SECTION 253(f) 3 OF THE CITY ZONING ORDINANCE 4 PERTAINING TO OPEN SPACE PROMOTION REQUIREMENTS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 7 8 9 Thdt Article 2, Section 253(f) of the City Zoning Ordinance pertaining 10 to open SPdce promotion requirements is hereby amended and reordained 11 as follows: 12 13 (f) Required Open Space. Each open space pro tion plan 14 shdll provide a minimum of fifteen (15) percent of the total tract 15 acreage as open SPdce, excluding streets and Pdrking areas. All open 16 space dreas shall be permdnently maintdined aS ldndscaped park, 17 recreational space, or ndtural areas. No open space shall be used 18 except in its natural state or for community recreational-related uses. 19 No open space shall be part of a platted @residential lot, floodway 20 portion of any floodplain, body of Wdter, wetlands or be incumbered by 21 a public or private utility edsement whose total width is greater thdn 22 twenty (20) feet. No structure shall be erected except for maintenance 23 or recreationdl purposes. 24 25 26 Adopted by the Council of the City of Virginia Bedch, Virginia, on 27 28 the 13 day of June 1988. 29 30 31 DCS/ds 32 6/8/88 33 \CZOI\SEC253.CZO 1 AN ORDINANCE TO AMEND AND REORDAIN 2 ARTICLE 9. SECTION 904 3 OF THE CITY ZONING ORDINANCE 4 PERTAINING TO HEIGHT REGULATIONS IN BUSINESS DISTRICTS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 7 8 That Article 9, Section 904 of the City Zoning Ordinance pertaining 9 to height regulations in business districts is hereby dmended and 10 reordained as follows: 11 12 13 Sec. 904. Height regulations. 14 (d) The maximum height for all uses and structures within the B-1 15 and B-IA Commercial Districts shall be thirty-five (35) feet. 16 17 (b) Where a zoning lot within the B-2. B-3 or 8-4 Commercial 18 District adjoins the side or rear yard of a zoning lot in a residential 19 or apartment district without an intervening 9@treet, or alley or-body-of- 20 watef over twenty-five (25) feet in width or body of water over fifty 21 (50) feet in width, the following maximum height regulations shall 22 apply on that portion of the commercial zoning lot within one-hundred 23 (100) feet of the adjoining residential or apartment district. In 24 cases where more than one of the following apply, the most restrictive 25 shall apply te-the-ent4re-49t. 26 (1) When adjacent to Residen.tidl Districts the maximum height 27 shall be thlirty-five (35) feet. 28 (2) When adjacent to A-12 or A-18 Apdrtment Districts the maximum 29 height shall be thirty-five (35) feet. 30 (3) When adjacent to A-24 Apartment District the maximum height 31 shall be forty-five (45) feet. 32 (4) When adjdcent to A-36 APdrtment District the maximum height 33 shall be one-hundred and twenty (120) feet. 34 35 (c) The maximum height for hotels and motels within the B-4 36 Resort Commercial District is seventy-five (75) feet. 37 38 (d) Except as specified in items (a), (b) and (c) hereinabove there 39 shall be no maximum height regulations In the B-2 through B-4 Commercial 40 Districts. 41 42 (e) Notwithstanding the above, no building or other structure 43 shall exceed the height limit established by section 202(b) regarding 44 air navigation. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on 47 48 the 13 day of June 1988. 49 50 51 DCS/ds 52 6/8/88 53 \CZO1\SEC904.CZO 1 AN ORDINANCE TO AMEND AND REORDAIN 2 ARTICLE 7, SECTION 704 3 OF THE CITY ZONING ORDINANCE 4 PERTAINING TO HEIGHT REGULATIONS IN HOTEL DISTRICTS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 7 8 That Article 7, Section 704 of the City Zoning Ordinance pertaining 9 to height regulations in hotel districts ls hereby amended and reordained 10 as follows: 11 12 13 Sec. 704. Height regulations. 14 (a) Where a zoning lot within the H-1 Hotel District adjoins the 15 side or rear yard of a zoning lot in a residential or apartment district 16 without an Intervening street, or alley ar-Wy@*a-er over twenty-five 17 (25) feet in width or body of water over fifty (50) feet in width. the 18 following maximum height regulations shall apply on thdt portion of-the 19 H-1 zoning lot within one-hundred (100) feet of) the adjoining residential 20 or apdrtment district. 21 (1) When ddjdcent tO d Residentidl District the MdXimum height 22 shall be 35 feet. 23 (2) When adjace nt to A-12 or A-18 Apartment District the maximum 24 height shall be 35 feet. 25 (3) When adjdcent to A-24 Apartment District the maximum height 26 shall be 45 feet. 27 (4) When ddjacent to A-36 Apartment District the maximum height 28 shall be 120 feet. 29 30 (b) ExcePt dS specified in item (d) hereinabove, there shall be 31 no maximum height reguldtions in the H-1 Hotel District. 32 33 34 (c) Notwithstanding the dbove, no building or other structure 35 shdll exceed the height limit established by section 202(b) regarding 36 air ndvigation. 37 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on 40 41 the 13 day of June 1988. 42 43 44 OCS/ds 45 6/8/88 46 \CZOI\SEC704.CZO 1 AN ORDINANCE TO AMEND AND REORDAIN 2 ARTICLE 15, SECTION 1522(d) 3 OF THE CITY ZONING ORDINANCE 4 PERTAINING TO HEIGHT REGULATIONS IN THE RT-3 5 RESORT TOURIST DISTRICT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 8 9 That Article 15, Section 1522(d) of the City Zoning Ordinance 10 pertaining to height regulations in the RT-3 Resort Tourist District is 11 hereby amended and reordained as follows: 12 13 (d) Maximum height: 14 15 (1) Where a zoning lot within the RT-3 Resort Tourist District 16 adjoins the side or rear yard of a zoning lot in a residential 17 or apartment district without an intervening street or alley 18 over twenty-five (25) feet in width or body of water over 19 fifty (50) feet in width, the following maximum height 20 regulations shall apply on that portion of-the Gommere4a4 RT- 21 3 zoning lot within one-hundred (100) feet of the adjoining 22 residential or apartment district. In cases where more than 23 one of the following apply, the most restrictive shall apply 24 to-the-ent4pe-49t. 25 (i) When adjacent to Residential Districts the maximum height 26 shall be thirty-five (35) feet. 27 (ii) When,adjacent to A-12 or A-18 Apartment Districts the 28 maximum height shall be thirty-five (35) feet. 29 (iii) When adjacent to A-24 Apartment District the maximum height 30 shall be forty-five (45) feet. 31 (iv) When adjacent to A-36 Apartment District the maximum height 32 shall be one-hundred and twenty (120) feet. 33 (2) The maximum height for hotels and motels within the RT-3 Resort 34 Tourist District is seventy-five (75) feet. 35 36 (3) Except as specified in items (1),@ and (32L) hereinabove there 37 shall be nomaximum heig ht regul ationsin the RT-3 Resort Tourist 38 District. 39 40 (4) Notwithstahding the above, no building or other structure 41 shall exceed the height limit established by section 202(b) 42 regarding air navigation. 43 44 Adopted by the Council of the City of Virginid Beach, Virginia, on 45 13 June 46 the _ day of 1988. 47 48 49 DCS/ds 50 6/8/88 51 \CZO1\SEC1522.CZO 1 AN ORDINANCE TO AMEND AND REORDAIN 2 ARTICLE 10, SECTION 1004 3 OF THE CITY ZONING ORDINANCE 4 PERTAINING TO HEIGHT REGULATIONS IN INDUSTRIAL DISTRICTS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 7 8 That Article 10, Section 1004 of the City Zoning Ordinance pertaining 9 to height regulations in industrial districts is hereby amended and 10 reordained as follows: 11 12 Sec. 1004. Height regulations. 13 (a) No portion of building or other structure located on zoning 14 lot which is adjacent to a street within the I-I or I-2 Industrial 15 Oistrict shall exceed a height equal to twice the distance from such 16 structure to the vertical projection of the center line of such street. 17 (b) Where a zoning lot within the I-I or 1-2 Industrial District 18 adjoins the side or rear yard of a zoning lot In a residential, apdrtment 19 or hotel district without dn intervening street, 2r alley or@_*-Gf-water 20 over twenty-five (25) feet in width or body of water over fifty (50) 21 feet in width, the following maximum height regulations shall apply on 22 that portion of the industridl zoning lot within one-hundred (100) feet 23 of the adjoining residential, apartment or hotel district. In cases 24 where more than one of the following DPPIY, the most restrictive shall 25 apply to-the-eRt4re-49t. 26 (1) When adjacent to a Residential District the maximum height 27 shall be thiry-five (35) feet. 28 (2) When adjdcent to an A-12 or A-18 APdrtment Districts the maximum 29 height shall be thirty-five (35) feet. 30 (3) When ddjacent to A-24 Apdrtment District the maximum height 31 shall be forty-five (45) feet. 32 (4) When adjacent to A-36 Apartment District the maximum height 33 shall be one-hundred dnd twenty (120) feet. 34 (c) Notwithstanding the above, no building or other structure 35 shdll exceed the height limit estdblished by section 202(b) regarding 36 air ndvigation. 37 38 Adopted by the Councll of the City of Virginia Beach, Virginia, on 13 June 39 the _ day of 1988. 40 41 42 DCS/ds 43 6/8/88 44 \CZO1\SEC1004.CZO 1 AN ORDINANCE TO AMEND AND REORDAIN 2 ARTICLE 2. SECTION 200 OF THE CITY ZONING ORDINANCE 3 BY ADDING THERETO PARAGRAPHS (c), (d) AND (e) 4 PERTAINING TO LOTS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 7 8 That Article 2, Section 200 of the City Zoning Ordinance pertaining 9 to lots is hereby amended and reordained by adding thereto the following 10 paragraphs (c), (d) and (e): 11 12 (c) Lots of unuSUdl depth. Where dn existing lot is of sufficient 13 area to permit the creation by subdivision of more than one building 14 lot in residential districts, one additional building lot may be permitted 15 through resubdivision of the lot, provided that the lot can be 16 resubdivided in dccorddnce with applicable, zoning requirements and 17 subdivision regulations, and that a fifteen-foot easement of right-of- 18 way meeting the requirements of subdivision regulations is provided and 19 duly recorded in the clerk's office of the circuit court of the City of 20 Virginia Bedch. Such arrangements shall be permissible only where no 21 public expenditures for streets or extensions of utilities are involved, 22 and where the following special conditions are satisfied: 23 24 (1) Thdt d portion of the lot to be resubdivided be adjacent tO d 25 public street. 26 27 (2) Thdt for redsons of unusual shdpe, dimensional restrictions, 28 topogrdphy or area limitations, a normal street dedication of 29 fifty (50) feet cannot be made. 30 31 (3) That the lot to be resubdivided shdll exist as an isolated 32 example and that it not reoccur in a repetitive manner in the 33 drea or subdivision. 34 35 (d) Lot IOCdtion. Except as herein provided, every building 36 hereafter erected or moved shall be on a 10t ddjacent to a public 37 street and dll structures shall be so located on lots as to provide 38 safe and convenient access for servicing, fire protection, or required 39 off-street parking. 40 41 (e) Erection of structures on lot. Except as herein provided.L 42 there shall be no more thdn one single family detached dwelling, semid- 43 etached dwelling or duplex erected on d 10t. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on 46 47 the 13 day of Juen 1988. 48 49 50 DCS/ds 51 6/8/88 52 \CZOI\SEC20O.CZO - 33 - Item II-G.2../b/h. ORDINANCES/RESOLUTIONS ITEM # 29550 Upon moti,on by Councilwoman Henley, seconded by Councilman Balko, City Council ADOPTED: Resolutions directing the Planning Commisssion, at its August meeting, to consider and expedite its recommendation to City Council concerning proposed amendments to the City Zoning Ordinances: Subdivision and Site Plan Article 2, Section 203(a)(38): off-street parking requirements for shopping centers. Sections 1405 and 1618 re public hearing procedure on permit application before the Wetlands Board and the Coastal Primary Sand Dune Zoning Ordinance, respectively. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent; Mayor Robert G. Jones 1 A RESOLUTION DIRECTING THE PLANNING 2 COMMISSION TO CONSIDER AND MAKE ITS 3 RECOMMENDATION TO THE CITY COUNCIL CONCERNING 4 PROPOSED AMENDMENTS TO THE CITY ZONING 5 ORDINANCE, THE SUBDIVISION ORDINANCE AND THE 6 SITE PLAN ORDINANCE 7 8 WHEREAS, an April 18, 1988 the City Council adopted the 9 City Zoning ordinance, and 10 WHEREAS, during the course of the City Council's 11 consideration of the Zoning Ordinance and during the public 12 hearings concerning same, certain suggestions concerning 13 additional amendments were made, and 14 WHEREAS, the City Council is of the opinion that 15 certain proposed amendments to the Zoning Ordinance, the 16 Subdivision Ordinance and the site Plan ordinance deserve further 17 consideration, and 18 WHEREAS, the said proposed amendments have not 19 previously been considered by the Planning Commission, and 20 WHEREAS, the City Council desires the Planning 21 commission's recommendation before it takes action on the 22 proposed amendments. 23 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 24 CITY OF VIRGINIA BEACH, VIRGINIA: 25 1. That the Planning Commission is hereby directed to 26 consider and make its recommendation to City Council concerning 27 proposed amendments to the Zoning Ordinance and the Development 28 ordinances as described in Exhibits 2, 8, 11, 12, and 13, 29 attached hereto. 30 2. That the Planning Commission is directed to forward 31 its recommendation to the City Council within sixty (60) days of 32 the date of the adoption of this Resolution. 33 Adopted by the Council of the City of Virginia Beach, 34 Virginia on the 13 day of June 1988. 3 5 36 GLF/rab 37 06/01/88 38 06/07/88 39 NCODE\SITE.RES 40 LIST OF EXHIBITS Exhibit: 1. ordinance to amend 203(a)(38) of the CZO pertaining to shopping center parking. 2. ordinance to amend SS 5A.4(a) of the site plan ordinance pertaining to interior coverage requirements of the parking lot landscape requirements. 3. ordinance to amend SS 704 of the CZO pertaining to height regulations in hotel districts. 4. ordinance to amend SS 904 of the CZO pertaining to height regulations in business districts. 5. Ordinance to amend SS 1004 of the CZO pertaining to height regulations in industrial districts. 6. ordinance to amend SS 1516 of the CZO pertaining to height regulations in the RT-2 district. 7. Ordinance to amend SS 1522 of the CZO pertaining to height regulations in the RT-3 district. 8. Ordinance to amend SS 4.1(m) of the subdivision ordinance pertaining to design standards for residential streets. 9. ordinance to amend SS 200(c), (d) and (e) of the CZO pertaining to lots. 10. ordinance to amend 253(f) of the CZO pertaining to open space promotion requirements. 11. ordinance to amend SS 1001(a) of the CZO pertaining to use regulations in industrial districts. 12. ordinance to amend set-back requirements for lots which abut major streets. NOTE: Text of amendment has not been finalized. 13. ordinance to amend set-back requirements in the RT-2 and RT-3 districts as set forth, respectively, in sections 1512 and 1522 of the CZO. NOTE: Text of amendments have not been finalized 1 AN ORDINANCE TO AMEND AND REORDAIN 2 ARTICLE 2. SECTION 203(a)(38) 3 OF THE CITY ZONING ORDINANCE 4 PERTAINING TO SHOPPING CENTER PARKING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 7 8 9 That Article 2, Section 203(A)(38) of the City Zoning Ordinance 10 pertaining to off-street parking requirements for shopping centers is 11 hereby amended and reordained as follows: 12 13 (38) 14 15 16 gress-4easab4e-,ar@4@ 17 rants;--At-4@-@ eet 18 ef 19 uses,-wh4Gheyer-4s-4essi 20 Shopping centers contdining more thdn eilht Individual uses or 21 businesses, dnd located on d zoning lot greater than 10 acres 22 in size, the sum total of the following: 23 (a) for all uses except restaurants and theaters: 1 space 24 per 200 square feet; 25 (b) for all restdurants and theaters which together take up 26 5 percent or less of the commercial floor ared Of the 27 shopping center: 1 space per 200 square feet; 28 (c) for restaurdnts floor dred in excess of thdt accounted 29 for in (b) above: I space per 75 square feet; 30 (d) for theater floor area in excess of thdt accounted for 3i in (b) above: 1 space per 100 square feet. 32 33 (i i) Shopping centers containing more than eight individual uses or 2 businesses and located on a zoning lot greater than 30 acres 3 in size, the sum total of the following: 4 (a) for dll uses except restaurants and thedters: 1 SPdce 5 per 200 square feet; 6 (b) for restaurants dnd theaters which together take up 10 7 percent or less of the commercial floor area of the 8 shopping center: 1 spdce per 200 square feet! 9 (c) for restaurants floor drea in excess of thdt accounted 10 for in (b) above: 1 space per 75 square feet; 11 (d) for theater floor area In excess of that accounted for 12 in (b) above: I SPdce per 100 square feet. 13 14 (iii) Notwithstanding the above, if the sum total of parking 15 requirements for the individual uses within a shopping center 16 is less than the total arrived at by (i) or (ii) dbove, then 17 the lesser requirement shall apply. 18 19 Adopted by the Council of the City of Virginia Beach, Virginia, on 20 21 the _ day of 1988. 22 23 DCS/ds 24 6/8/88 25 \CZO1\SEC203A.CZO 26 EXHIBIT 2 A PROPOSE[) AMENDMENT TO SEC. 5A.4(a) OF TIIE SITE IIIAN 0140INANCE PFR'IAINING TO IN'fFRIOII COVI.IIAGE lil.tltllRIMINFS OF rile PARKIN(; 101 IANI)S('.AI)ING l(if)UllitMLNIS 5A.4. lnt(!rlur'Cov(!rdge Re(juirements (a) There shall be provided withln the perimeter of the parking lot, or between any two (2) pdrking Spdces, a landscaped area or areds which together total fifteen (15) squdre feet for edch required space. However, 'n any case where Section 203(a)(38)(i) or 203(a)(381(ii) of the City Zoning Ordinance applies to the parking requirements Of d shopping center on the site, then this drea shdll be increased by four percent. EXHIBIT 8 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 4.1(m) OF TliE SUBI)IVISION OROINANCE PERTAINING DESIGN STANDARDS FOR RESIDENTIAL STREETS BE IT.ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 9.4(m) of the Sub(livision Ordinance pertaining design standards for residential streets is hereby amended and reordained as follows: (m) Street right-of-wgy widths shall be as specified in officially adopted elements of the comprehensive plan relating to streets. Where not shown therein, pavement widths and right-of-way widths for public streets shall be In relation to the proposed density and/or the land use of the property adjacent to the roads and within the parcel sought to be subdivided, but in no case, be less than as follows: Mini@m Paved Width Minimum R/W Width (face to face of curb) (feet) (feet) Arterial 80 52 Collector 60 36 Minor: a. Serving commercial or industrial uses. 60 36 b. Serving residential ttse!k lots of 10,000 square feet or more or fewer than 25 lots of less than 10,000 square feet. 50 30 C. Serving 25 or more residentidl @ lOtS of less than 10,000 squate feet. 60 .@.36 Marginal access 40 30 Alley 24 20 Residential cul-de-sac 40 30 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 1988. EXHIBIT 11 I AN ORDINANCE TO AMEND AND REORDAIN 2 ARTICLE 10, SECTION 1001(a) 3 OF THE CITY ZONING ORDINANCE 4 PERTAINING TO--USE REGULATIONS IN INDUSTRIAL DISTRICTS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 7 8 9 That Article 16, Section 1001(a) of the City Zoning Ordinance 10 pertaining to use regulations in industrial districts is hereby amended 11 and reordained as follows: 12 13 14 Sec. 1001. Use regulations. 15 16 (a) Principal and conditional uses. 17 18 The following chart lists those uses permitted within the 1-1 and 19 1-2 Industridl Districts. Those uses and structures in the respective 20 industridl districts shall be permitted as either principal uses indicted 21 by a P or as conditional uses Indicated by a C. Uses and structures 22 indicated by an X shall be prohibited in the respectlve districts. No 23 uses or structures other than as specified shall be permitted. 24 25 Use i-1 I-2 26 .... === ...... ............ 2@ Airports, heliports and helistops; 28 Automobile service stations, provided that 29 where there is an adjoining residential or 30 apartment district without an intervening 31 street, alley o,r permanent open space over 32 twenty-five (25) feet in width and where 33 lots separated by the district boundary hdve 34 adjacent front yards, a six (6) foot solid 35 fence shall separate the automobile service 36 station use from the adjacent residential 37 district and no ground sign shall be within 38 fifty (50) feet of the residential or 39 apdrtment district; c c 40 Automotive rental, parts and supply stores; 41 provided that no outside storage is included 42 (excluding operative equipment); p p 43 -------------------------------------------------------------------- 44 Automobile repair establishments dealing 45 exclusively in minor repairs of the 46 type provided dt dutomobile service 47 stationsi p p 48 Automotive repair garages; jFc p 49 Borrow piis; c- c 50 51 Use I-2 52 ....... 53 Bulk storage yards and building contractor's 54 yards; provided that no sale or processlng 55 of scrap. salvage. or secondhand material 56 shall be permitted in such yards; and, 57 provided further that additional requirements 58 as listed in Section 228 are met. c p 59 Business, medical, financial, non rofit, .P 60 professional and similar office buildings; p p 61 Car wash facilities, provided that: (i) No 62 water produced by activlties on the 63 zoning lot shall be permitted to fall 64 upon or drain across public streets or 65 sidewalks or adjacent prdperties; (ii) A 66 minimum of three (3) off-street parking 67 spaces for automobiles shall be provided 68 for each car wash space within the facility. c x 69 Collection depots for recyclable materials; c x 70 -------------------------------------------------------------------- 71 Eating and drinking establishments; p p 72 Establishments such as linen suppliers, freight 73 movers, communication services and canteen 74 services; p p 75 Establishments which deliver merchandise in 76 bulk by truck or van; p p 77 -------------------------------------------------------------------- 78 Explosives manufacturing, storage and 79 distribution; x c 80 Facilities for construction, maintenance and 81 repair of vessels;. x p 82 Heavy 6quipment sales and service; p p 83 -------------------------------------------------------------------- 84 Hotels and motels; provided the following 85 conditions are met: (i) Frontage shall be 86 on a major or secondary street or highway; 87 (ii) The minimum lot size shall be forty 88 thousand (40,000) square feet and a 89 minimum lot width of one hundred fifty 90 (150) feet: (iii) Density regulations of 91 the H-1 Hotel District shall apply; (iv) 92 Accessory uses shall be limited to eating 93 and drinking establishments, gift shops 94 and travel agencies; (v) Parking requirements 95 of at least one space per one (1) lodging 96 unit shall be provided in addition to 97 the requirements for an accessory use; 98 (vi) Front yards shall have a minimum 9SS depth of thirty (30) feet and, 100 except for necessary driveways, shall be 101 maintained in landscaping and shall not 102 be used for parking; (vii) Signs shall 103 conform to the sign requirements applicable 104 within H-1 Hotel District regulations. c x @105 Use 106 ======== ....... ...... 107 Manufacturing, processing, extracting, packaging 108 or fabricating establishments; provided 109 that the following uses shall not be allowed: 110 (i) Explosive manufacturing, storage ill and distribution; (ii) Petroleum processing; 112 (iii) Processing or outside storage of 113 salvage, scrap or junk; p p 114 Military installations; x p 115 -------------------------------------------------------------------- 116 Mobile home sales; p p 117 Motion picture studios; p p 118 Petroleum processing; x c 119 -------------------------------------------------------------------- 120 Piers wharves and docks; x p 121 Printing, lithographic or publishing 122 establishments; p p 123 Public buildings and grounds; p p 124 -------------------------------------------------------------------- 125 Public schools, colleges and universities, and 126 private schools, colleges and universities 127 having similar acadeinic curriculums; c x 128 Public utilities installations and substations 129 including offices; provided storage or, 130 maintenance facilities shall not be 131 permitted; and provided, further, that 132 utilities substations, other than individudl 133 transformers, shall be surrounded by a 134 wall, solid except for entrances and 1-35 exits, or by a fence with a screening 136 hedge five (5) to six (6) feet in height; 137 and provided also, transformer vaults for .138 underground utilities and the like shall 139 require only a landscaped screening hedge, 140 solid except for access opening; p p 141 Public utility transformer stations dnd major 142 transmission lines and towers (fifty 143 thousand (50,000) volts or more); c c 144 -------------------------------------------------------------------- 145 Radio or television transmission and relay - 146 stations; c c 147 Recreational facilities of an outdoor nature, 148 which may be partially or temporarily 149 enclosed On d seasonal basis with dpproval 150 of city council, except that riding academies 151 and recreationdl campgrounds shall not be 152 allowed as a conditional use or otherwise; c x 153 Recreationdl facilities other than those of an 154 outdoor nature p p 155 -------------------------------------------------------------------- 156 Repair establishments; provided that no outside 157 storage is included (excluding mobile 158 operative equipment); p p 159 Use 160 161 Ship supply establishments and facilities; x p 162 Storage or processing of salvage, scrap or junk x c 163 -------------------------------------------------------------------- 164 Terminals for freight or passengers arriving 165 or departing by ship; x p 166 Vocational, technical, industrial and trade 167 schools. p p 168 Wholesale-and retall establishments dealing 169 primarily in bulk materials delivered by 170 ship, or by ship and railroad or ship and 171 truck in combination. x p 172 ---------------------------- T--------------------------------------- 173 Wholesaling, warehousing. storage or distribution 174 establishments; p p 175 176 177 178 Adopted by the Council of the City of Virginia Beach, Virginia, on 179 180 the day of 1988. 181 EXHIBIT 12 AN ORDINANCE TO AMEND SET-BACK REQTJIREMENTS FOR LOTS WHICH ABUT MAJOR STREETS NOTE: Text of amendment has not been finaliz,ed- 1 Requested by the Wetlands Board 2 A RESOLUTION REFERRING PROPOSED 3 AMENDMENTS TO SECTION 1405 OF THE CITY 4 ZONING ORDINANCE OF THE CODE OF THE 5 CITY OF VIRGINIA BEACH, VIRGINIA, ON A 6 PUBLIC HEARING PROCEDURE ON PERMIT 7 APPLICATION BEFORE THE WETLANDS BOARD 8 AND SECTION 1618 OF THE CITY ZONING 9 ORDINANCE PERTAINING TO EXEMPTIONS FROM 10 THE COASTAL SAND DUNE ZONING ORDINANCE 11 TO THE PLANNING COMISSION 12 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 1-3 BEACH, VIRGINIA: 14 That the proposed amendments to Section 1405 and 15 Section 1618 of the City Zoning Ordinance of the Code of the City 16 of Virginia Beach, Virginia, attached hereto, are hereby 17 referred to the Planning Commission for consideration and formal 18 action within sixty (60) days from the adoption of this 19 Resolution. 20 Adopted by the Council of the City of Virginia Beach, 21 Virginia, on the 13 day of June 1988. 22 NEW/lmt 23 05/31/88 24 CA-02751 25 \ordin\proposed\czo.res AMOVED AS TO COt4l@S SIGKATURE DEPARTMENT APPROVED AS TO LEGAL ,SUFFICIENCY AN CRY AT"Nff 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 1405 OF THE CITY 3 ZONING ORDINANCE OF THE CITY OF 4 VIRGINIA BEACH, VIRGINIA, PERTAINING 5 TO PUBLIC HEARING PROCEDURE ON PERMIT 6 APPLICATION BEFORE WETLANDS BOARD 7 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That Section 1405 cf the City Zoning ordinance o,-F the 13 City of Virginia Beach, Virginia, is hereby amended and 14 reordained to read as follows: 15 16 Section 1405. Public hearing procedure on permit applications. 17 Not later than sixty (60) days after receipt of such 18 application, the wetlands board shall hold a public hearing on 19 such application. The applicant, the local governing body, the 20 Commissioner, the owner of record of any land adjacent to tlie 21 wetlands in question, known claimants of water rights iri or 22 adjacent tc the wetlands in question, the Virginia Institute cf 23 Marine Science, the Department of Game and inland Fisheries, 24 the Virginia Water Control Board, the Department of 2:') Transportation and goverrimental agencies expressing an -',-,Iterest 26 therein shall be notified by the board of the hearing by mail not 27 less than twenty (20) days prior to i--he date set for the hearing. 28 The wetlands board shall also cause notice of such hearing to be 29 published at least once a week for two (2) weeks prior to such 30 heari-ng in the newspaper having a general circulation in the City 31 of virginia Beach. Such notice shall contain a statement that 32 copies of such application may be examined in the office of the 33 city engineer. The costs of such publication shal-1 be paid by 34 the applicant. 35 3 6 37 This amendment is to become effective July 1, 1988. 3 8 39 40 Adopted this _ day of 1988, by the 41 42 Council of the City of Virginia ]3each, Virginia. 43 44 4 5 46 NEW/epm 47 04/21/88 48 CA-02686 49 \ordin\proposed\1405CZO.PRO 50 APPROVED AS TO CO'@ i SIGNATURE Pw PJ6- DEPARI'MENT APr',Z(-)VED AS TO LEGAL SU('F!CfENCY Al\,'@D r'OPM 2 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 1618 OF THE COASTAL 3 PRIMARY SAND DUNE ZONING ORDINANCE 4 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 THAT Section 1618 of the Coastal Primary Sand Dune 9 Zoning Ordinance be amended and reordained to read as follows: 10 11 Section 1618. Exemptions. 12 (a) Nothing in this article shall affect any project 13 or development: 14 (1) For which a valid building permit or final 15 site plan approval has been issued prior to 16 July 1, 1980; or 17 (2) Which, i@@ no building permit is required for 18 such project, including a locally approved i9 mining operation, has been otherwise 20 corrimenced prior to @luly 1, 1 9 8 0 , and 21 certified as exempt by the Conimission or the 22 wetlands board; or 23 (3) Approved by the council of City of Virginia 24 Beach pursuant to Ordinance No. 931 which was 25 the coastline managemen'l- ordinance ill effect 26 from March 26, 1979 to July 1, 1980. 27 Nothing in the section shall be deemed to exclude from regulation 28 any activity which expands or enlarges upon a project already in 29 existence or under construction. 30 (b) The Virginia Beach Wetlands Board shall make an 31 ongoing determination in the Sandbridge Beacli subdivision of the 32 area bouiided on the north by Dam Ileck Naval Base, on the west by 33 Sandf iddler Road, and on the south by White Cap Lane, to 34 determine which structures or properties are in clear and 35 imminent danger from erosion and storm damage due to severe wave 36 action or storm surge. The owners cf structures or properties so 3 7 defined shall not be prohibited from erecting and maintaining 38 protective bulkheads or other equivalent structural improvements 39 of a type, size and configuration approved by the Virginia Beach 40 Wetlands Board. The Virginia Beach Wetlands Board shall not 41 impose arbitrary or unreasonable conditions upon its approval of 42 any such bulkhead or other structural improvement but shall 43 maintain a continuing responsibility to ensure that each bulkhead 44 or structural improvement constructed under the authority of this 45 section is maintained in a condition which is safe, structurally 46 sound, and otherwise in conformity with the reasonable conditions 47 imposed by tlie wetlands board. 48 or 49 50 51 by-w-r-i tten-@@- -con5 t rtict- i@n-. 52 i(5n 53 At 5 4 the time the application is submitted, the applicant shall 55 consent in writing to any subsequent construction which may occur 56 whereby an adjacent property owner desires to tie in a bulkhead 57 at no additional cost with that bulkhead propcsed by the 58 applicant. Such consent shall be considered a waiver of property 59 line defenses relating to the b,-Ilkhead line. 60 61 And it is further ordained that this amendment shall be 62 effective upon adoption. 63 64 Adopted by the Council of the City of Virgiiiia Beach, 65 Virginia, on the day of 1 1988. 66 APPROVED AS TO CONTENTS 67 NEW/epm 68 05/13/88 69 CA-87-2720 SIGNATURE 70 (ordin\proposed\1618.PRO) io vo / @IU& @ DEPARTMENt APPROVED AS TO LEGAL SUFF@IENCY AND FORi',A 2 -1 @l" CITY ATTORN@, - 34 - Item III-H. CONSENT AGENDA ITEM # 29551 Upon motion by Councilman Heichober, seconded by Councilwoman Henley, City Council A.PPROVED in ONE MOTION Items 1, 2, 3 and 4 of the CONSENT AGENDA. Item ITT-H.5. was MOVED FORWARDFD to the last item under PLANRING and voted upon separately. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones 3 5 Item III-H.1 a/b/c/d. CONSENT AGENDA ITEM # 29552 Upon motion by Councilman Heischober, seconded by Councilwoman Henley, City Council ADOPTED UPON SECOND READING: OHDINANCES for the City of Virginia Beach School Programs to be funded in FY 1988-1989: APPROPRIATE $8,581,907 for Special Categorical Grants. APPROPRIATE $2,009,358 for School Textbook Rental Fund. APPROPRIATE $307,650 for School Athletic Enterprise Fund. APPROPRIATE $10,282,582 for School Cafeteria Enterprise Fund. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baun, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones The City Clerk referenced Councilman Moss's letter of March 30, 1988, which pursuant to Section 2.1-639-14E of the Code of Virginia, Ann. DECLARED although his wife was a teacher with the Virginia Beach School System, he was able to review, make recommendations and approve or deny a budget regarding the School Board fairly, objectively and in the public interest. 0 AN ORDINANCE TO APPROPRIATE FUNDS OF 0 $8,581,907 FOR CITY OF VIRCINIA BEACH SCHOOL PROGRAMS FUNDED BY SPECIAL CATEGORICAL GRANTS FOR SCIIOOL YEAR 1988-89 WtiEREAS, the Virginia Beach School Board has been notified that iL will receive funds of $8,581,907 through special state and federal categorical grants for the school year 1988-89, and WHEREAS, these funds were not included in Lhe FY 1988-89 School OperaLing Budget approved by CiLy Council, and WHEREAS, the School Board approved this funding and requests that City Council appropriate these funds, and WHEREAS, it is desirable and necessary for the City Council to appropriate these funds prior to the expenditure itself. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $8,581,907 be appropriated for school purposes for FY 1988-89. BE IT FURTliER ORDAINED that this appropriation be financed by $8,581,907 estimated revenue from the Federal Government, and BE IT FURTHER ORDAINED that this appropriation is authorized subject to the expenditures being incurred with no local match. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on Lhe 13 day of June 1988. FIRST READING: June 6 1988 SECOND READING: June 13, 1988 PWC WP2/ORD116 0 0 AN ORDINANCE TO APPROPRIATE FUNDS OF $2,009,358 FOR THE FY 1988-89 SCHOOL TEXTBOOK RENTAL FUND BUDGET 0 HEREAS, the Attorney General of Virginia has opined thal School Board expenditures of funds generated by the rental of textbooks require an appropriation of the local governing body, and WHEREAS, the Virginia Beach School Board has a Lextbook rental plan whereby rental income is deposited in a textbook rental fund and purchases of textbooks and other related expenses are paid from this fund, and WHEREAS, the School Board has submitted a Textbook R,ntal Fund budget for FY 1988-89 in order tO COmply wilh the Attorney General's opinion, and WHEREAS, the Textbook RenLal budget approved by the School Board included total revenues of $2,009,358 and total disbursements of $2,009,358 for fiscal year 1988-89. NOW, TIFEREFORE, BE IT ORDAINED BY TLIE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $2,009,358 be appropriated for a School Textbook Rental Fund budget in Lhe manner approved by the School Board. BE IT FURTHER ORDAINED that this appropriation be financed by Estimated Revenues of $2,009,358 in the School Textbook Rental F,nd. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the - 13th day of June , 1988. June 6, 1988 FIRST READING: SECOND READING: June 13, 1988 PWC WP2/ORD117 rc it z 0 v AN ORDINANCE TO APPROPRIATE FUNDS OF 0 $307,650 FOR THE FY 1988-89 SCHOOL ATHLETIC ENTERPRISE FUND BUDGET > 0 L- C, WHEREAS, the School Board expenditures of funds generated by the s e of admissions to high school football games, basketball games, gymnastics meets, and wrestling matches require an appropriation of the local governing body, and WHEREAS, the Virginia Beach School Board has an athletic program whereby admissions income is deposiled in an athletic enterprise fund and disbursements from this account are used to purchase athlelic equipment and uniforms, to pay officials, and to provide miscellaneous supplies, and WHEREAS, the School Board has submitted a budget for the ALhIeLic Enterprise Fund for FY 1988-89, and WHEREAS, the Athletic Enterprise Fund budget approved by the School Board included total revenues of $307,650 and total disbursements of $307,650 for fiscal year 1988-89. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $307,650 be appropriated for a School ALhietic Enterprise Fund budget in the manner approved by the School Board. BE IT FURTHER ORDAINED Lhat this appropriation be financed by Estimated Revenues of $307,650 in the School ALhietic Enterprise Fund. This ordinance shall be effective from the date of its adoplion. Adopted by the Council of the City of Virginia Beach, Virginia on thel3 day of June 1988. June 6, 1988 FIRST READING: June 13, 19888 SECOND READING: PWC WP2/ORD119 z 0 0 AN ORDINANCE TO APPROPRIATE FUNDS OF 282,582 FOR TIIE FY 1988-89 SCHOOL $10 CAFETERIA ENTERPRISE FUND BUDGET > 0 WHEREAS, Lhe Attorney Ceneral of Virginia has opined Lhat School 14 Board expenditures of funds generaled by Lhe male of cafeteria meals require "ii appropriation of the local governing body, and WHEREAS, the Virginia Beach School Board has a cafeteria meat program whereby meal income is deposited in a cafeteria enterprise fund and purchases of food and other retaled expenses are paid from this fund, and WHEREAS, the School Board has submitted a Cafeteria Enterprise F,jnd budgel for FY 1988-89 in order to comply with the Attorney Ceneral's opinion, and WHEREAS, the Cafeteria Enterprise Fund budget approved by Lhe School Board included total revenues of $10,282,582 and total disbursements of $10,282,582 for fiscal year 1988-89. NOW, TIIEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRCINIA thal funds of $10,282,582 be approprialed for a Schoul Cafeteria EnLerprise Fund budgel in the manner approved by Lhe School Board. BE IT FURTIJER ORDAINED thal this appropriation be financed by EsLimaLed Revenues of $10,282,582 in the School CafeLeria EnLerprise Fund. This ordinance shall be effective from the date of iLS adoption. Adopted by the Council of the City of Virginia Beach, Virginia on Llie 13 day of June 1988. June 6, igs8 l-'IRS'r READINC: June 13, 1988 SECOND READING: PWC WP2/ORD250 - 36 - Item ITI-H.2- CONSENT AGENDA TTEM # 29553 Upon motion by Councilman Heischober, seconded by Councilwoman Henley, City Council ADOPTED UPON SECOND READING: Ordinance to APPROPRIATE $221,587 for increased correctional operation expenditures. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones I'Z AN TO IN TM OF $221,587 FIOR OPERATICNS EXPENDITURES the average daily irmkite populaticn of the city correctional facility 390 people and is continuing to and , this number is well in excess of the proj irmiate lation for FY 1987-88, and , the actual expenditures for food, medical care and buildug iraintenarice will exceed the EY 1987-88 budgeted amount dup- to the increased irmate population, and , additional apprcpriatiorls of $221,587 are necessary in order to fund greater than anticipated expenditures in the follow@ accounts: Food and Food services + $126,000 Professional Health Servioes + 61,334 Main and Repair + 34,253 Thtai WHEREAS, tbe additional apprcpriations will be offset by increased since the Camnonwealth re the City for the operation of the correctional facility based on the number of irmtes. NOW BE rr BY TliE COUNCIL OF UM CRIY OF @INTA BEACH,= @, that funds in the amount of $221,587 be apprcpriated for increased co ional cperations expenditures, and BE IT , that the revenue fran the C=noriwealth be increased by $221,587 to offset these experiditures. 0 shall be in eff@ frcm the date of its adc)ption. AdcPted by the il of the City of Virgi'm'a BP-ach, Virgiriia on the 13 day of June 1988. READING: June 6, 1988 SECC)ND READUN: June 13, 1988 @l ORD41.PAD - 37 - Item III-H.3. CONSENT AGENDA ITEM # 29554 Upon motion by Councilman Heischober, seconded by Councilwoman Henley, City Council ADOPTED UPON SECOND READING: Ordi,nance to APPROPRIATE $175,000 for Project #3- 933 Landfill #2 in the FY 1987-1992 Capital Improvement Program for the construction of a pump station. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF @175,000 FOR PROJECT # 3-933 LANDFILL #2 TO CONSTRUCT A PUMP STATION WHEREAS, the City of Virginia Beach in order to maintain the health, safety and welfare of its citizens provides refuse collection and disposal services, and WHEREAS, the Department of Public Works, Waste Management Division disposes of approximately 350,000 tons of refuse annually, and WHEREAS, in order to provide these services the timely disposal of solid wastes at city's landfill is necessary, and WHEREAS, there is an immediate need to construct a pump station at an estimated cost of $175,000, to properly dispose of the leachate generated from the landfill, and WHEREAS, under the Southeastern Public Service Authority (SPSA) Ash and Residue Contract, SPSA will reimburse the CiLy for any capital construction associated wilh landfill operations. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $175,000 are to be appropriated to project # 3-933 Landfill #2 in the FY 1987-1992 CapiLal Improvement Program for the construction of a pump station, and AND BE IT FURTHER ORDAINED, that this appropriation be offset by an increase of $175,000 in revenue from SPSA. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on Lhe 13 day of June 1988. First Reading: June 6, 1988 Second Reading: June 13, 1988 ArPIIOVE,) Al TO CONTENT P,-T N-T 0 - 38 - Item III-H.4. CONSENT AGENDA ITEM # 29555 Upon motion by Councilman Heischober, seconded by Councilwoman Henley, City Council ADOPTED UPON SECOND READING: Ordinance to ACCEPT and APPROPRIATE $50,000 as a grant from the Wareheim Foundation to be uti.lized for the operation of a two-year Court Appointed Special Advocate Program. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones AN ORDINANCE TO ACCEPT AND APPROPRIATE $50,000 AS A GRANT FROM THE WAREHEIM FOUNDATION FOR THE ESTABIJSHMENT OF A COURT APPOINTED SPECIAL ADVOCATE PROGRAM ..HEREAS, the Wareheim Foundation, a private non-profit organization, has provided grant funding in the amount of $50,000 to establish a Court Appointed Special Advocate Program (CASA) in Virginia Beach, and WHEREAS, the CASA program trains volunteers to conduct independent investigations for the judiciary in cerlain child abuse cases, and to provide information and supporl to the abused child and its family, and WHEREAS, the Virginia Beach Juvenile and Domestic Relations Court Judges are supportive of this program and have agreed to provide office space, telephones, and other support, and WHEREAS, the grant will be used to fund a contractual program director and a part-time temporary secretary 1, and WHERFAS, there is no obligation on the part of the City to conlinue the CASA program beyond the two years of funding provided by the Wareheim Foundation and no matching funds need be provided by the City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BFACH, VIRGINIA that Lhe grant from the Wareheim Foundation in Lhe amount of $50,ooo be accepted and appropriated by the City and utilized for the operation of a two year Court Appointed Special Advocate Program. This Ordinance shall be in effecl form the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on 13 June day of , 1988. First Reading June 1988 Second Reading June 13, 1988 - 39 - Item III-H-5- ENCROACHMENT ITEM # 29556 Attorney Buddy Cox, represented the applicant Mrs. Reino Lindroos, the applicant, represented herself Upon motion by Councilman Fentress seconded by Councilwoman Parker, City Council DENIED an Ordinance approving and authorizing a sign on an encroaching building canopy on the premises of Reino Lindroos (Maple Tree Restaurant), 2608 Atlantic Avenue. Voting: 9-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: John L. Perry Council Members Absent: Mayor Robert G. Jones *Verbal Nay This item was MOVED FORWARD to the last item in the PLANNING AGENDA. - 40 - Item III-I.l. UNFINISHED BUSINESS ITEM # 29557 Upon motin by Counclman Moss, seconded by Councilman Fentress, City Council ADOPTED, AS AMENDED:* Resolution Directing the Planning Commission to consider and make its recommendation concerning a proposal to amend the Master Street and Highway Plan so as to provide greater street widths. The Planning Commission is directed to forward its recommendation to the City Council within 120 days. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Hei.schober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones 1 A RESOLUTION DIRECTING THE PLANNING 2 COMMISSION TO CONSIDER AND MAKE ITS 3 RECOMMENDATION CONCERNING A PROPOSAL TO AMEND 4 THE MASTER STREET AND HIGHWAY PLAN SO AS TO 5 PROVIDE GREATER STREET WIDTHS 6 7 WHEREAS, the City Council is of the opinion that 8 certain streets as shown on the Master street and Highway Plan 9 may be of insufficient width, and 10 WHEREAS, the City Council desires the Planning Commission to 11 study this subject and to make its recommendation to the Council. 12 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 13 CITY OF VIRGINIA BEACH, VIRGINIA: 14 1. That the Planning Commission is hereby directed to 15 consider and make its recommendation to City Council as to 16 whether the Master Street and Highway Plan should be amended so 17 as to provide for greater street widths, and, if so, to recommend 18 what new street widths should be required. 19 2. That the Planning Commission is directed to forward 20 its recommendation to the city council within 120 days of the 21 date of the adoption of this Resolution. 22 Adopted by the Council of the City of Virginia Beach, 23 Virginia on the 13th day of June, 1988. 24 25 GLF/rab 26 06/13/88 27 CA-2785 28 NCODE\MASTER.RES 29 - 41 - Item 1II-J.1. NEW BUSINESS ITEM # 29558 Attorney Charles Salle', represented the applicant and requested WITHD?,AWAL. Upon motion by Councilwoman Parker, seconded by Councilman Balko, City Council ALLOWED WITHDPAWAL of the REQUEST FOR RECONSIDERATION of a Condition in the October 20, 1986, approval of the Motor City Associates' application for a Conditional Use Permit for automobile repair, sales, parts and service on property located at the Northeast corner of Virginia Beach Boulevard and North Witchduck Road, containing 8.4 acres (Bayside Borough). This Application was APPROVED by City Council on October 20, 1986. Condition No. 6 stated: "All existing facilities shall be removed with 18 months". The appicant wishes to allow the tenenat to remain in the exisitng building until Phase One of the project is completed and relocation available. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Counci,l Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones - 42 - Item III-J.2. NEW BUSINESS ITEM # 29559 Upon motion by Councilman Baum, seocnded by Councilman Moss, City Council ADOPTED: A Resolution that the Virginia Department of Transportation take action June 16, 1988, to restore funding for I-64 to its former status in the FY 87-88 Six Year Improvement Program for both design and construction. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Member Abstaining: Harold Heischober@@ Council Members Absent: Mayor Robert G. Jones "Councilman Heischober ABSTAINED as he is on a subcommittee of the General Assembly related to Trannsportation R E S 0 L U T I 0 N WHEREAS, the virginia Department of Transportation has developed a project for, the improvement of Interstate Route 64 from Route 264/44 to the Virginia Beach/Chesapeake Corporate Limits in the cities of Norfolk and Virginia Beach, and WHEREAS, the contemplated improvement is in consonance with the Southeastern Regional Master Transportation Plan, and WHEREAS, this project has been previously programmed in the Virginia Department of Transportation's Six Year Improvement Program with a start of construction as early as FY 89/90, and WHEREAS, the Department has acknowledged the importance of this project by giving the City of Virginia Beach every indication over the past year that this is a high priority project, and WHEREAS, this section of Interstate I-64 is one of the most heavily congested and overburdened sections of interstate highway in the state, and WHEREAS, the Department has -initiated design work, and is currently in the active stages of engineering study and design, and WHEREAS, the Department has been reluctant to undertake any additional traffic or design studies which may delay the project ,as programmed, and WHEREAS, there appears to be insufficient justification to delay the improvement of an existing interstate system which is currently operating beyond its capacity and is overtaxed by traffic volumes in excess of design levels both now and in the future without this project, and WHEREAS, funding should be appropriated to existing interstate highway needs which are real for today's motoring public in favor of or concurrent with new facilities for which there are no existing traffic problems, and WHEREAS, this project has been recognized by the Department as critical to the transportation system of the region, and WHEREAS, this region of Virginia is heavily dependbnt upon the Interstate system and I-64 for our national defense and the continuance of commerce trade, and tourism as a way of life for our citizens. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Department of Transportation, acting through the Commonwealth Transportation Board at their meeting of June 16, 1988, take the necessary action to restore funding for the I-64 project so that its former status in the FY 87-88 Six Year Improvement Program can be maintained with regard to both design and construction schedules. ADOPTED: June 13, 1988 - 43 - Item III-J.3- NEW BUSINESS ITEM # 29560 ADD-ON Mayor-Elect Meyera E. Oberndorf reminded City Council of the DEDICATION OF FLAG SQUARE at 10:00 A.M., June 14, 1988 - FLAG DAY. Reserved Parking for Council Members and other distinguished guests will be available on the other size of the berm from FLAG SQUARE. On June 14, 1988, at 7:00 P.M., a PLEDGE OF ALLFGIANCE will be broadcast on television and Mayor-elect Oberndorf eonouraged City Council and citizens to participate. - 44 - Item III-K.l. ADJOURNMENT ITEM 29561 Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the Meeting at 5:18 P.M- Be,,e,ly Chief Deputy City Clerk @le@ra Oberndorf _Ath Hodgee Smith, CMC City Clerk Mayoz--Elect - Presiding City of Virginia Beach Virginia