HomeMy WebLinkAboutFEBRUARY 1, 1988 MINUTES
(2it "I- 13@iLi@t-i
"WORLD'S LARGEST RESORT CITY"
(',ITY COUNCIL
MAYOR ROBERT G. ]ONES, A' L.,g@
VICE MAYOR MEYERA E OBERNDORF, A, L.,g,
ALBERT W BALKO, L,@@h.-@ @@.gh
JOHN A. BAUM, Bi.,k.@,@ B,@.gh
ROBERT E. FFNTRESS, V,,gi@i. B,-h @@.gh
HAROLD IIEISCIFOBER, A, L,,g,
BARBAP,A M. HENLEY, P@@,@ @..gh
REBA S MCIANAN, P@-,,, A@@, B,-gh
JOHN D MOSS, K,.,@ill, B-.gh
NANCY K PARKF.R, A, L,,g,
JOHN L PERRY, B.,,i& @,,,h 281 C@ HALL BUILDING
MUNICIPAL CENTER
AUBUY V. WA@S, JR.. C,,, U.- CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002
1 D@ NM@N. Cil, A-- (804) 427-4303
R@. HO-. -@., CMC/-, CIO C@
February 1, 1988
ITEM I. COUNCIL CONFEREW-E SESSICN - Oc)nference Rom - 11:30 AM
A. CrrY COFJNCIL CCNCERNS
rrEM II. INF@ SESSION - Conference - 12 NOCN
A. CALL To CRDER - Mayor Rcbert G. Jones
B. ROLL CALL OF COUNCIL
C. RBCESS TO EXE)CUFIVE SESSION
iTEm III. SESSION - Comcil Chamber - 2:00 PM
A. INVOCATION: Revere@ Willian B. Dodd
Tidewate,r central Church of the Nazarene
B. PLEDGE CP ATIP-GUME TO THE FLAG OF TIE UNITED STATES OF AMERICA
c. EIECTRONIC ROLL CALL OF CITY C()LNCIL
D. ADOPRICN OF ITEt4S FCR THE F AGENI)A
E. MINUTES
1. INFORMAL & FORMAL SESSIONS - January 25, 1988
F. PUBLIC BEARING
1. ING
a. ordinance for the discontinlkance, closlire and abandorment of a
portion of @wtown lbad in t@ petition of Koger Properties,
Inc. beginning at a pc)int 140 feet, more or less, South of
Tarry Avenue a@ running in a qoutherly direction a distance of
250.8, more or less, containing 6,214 square feet (Bayside
Borough).
@ccmendation: APPROVAL
b. RBCONSIDEMTION of conditions upc)n the application of
Kathleen B. Grier for a Change of ZoniM fran R-6 lbsidential
District to B-2 Ccmmercial District at 5217 Indian River Poad
K-p-ille Borough).
This itern was APPROVED May 14, 1984.
RecaTmendation: NO RER-CMMENDATION dlie to a TIE VCTE.
c. RE)CONSIMMTION of conditions upon application of
Richard M. Mitzer, T/A Professional Oenter, for a Change of
Zoning District CIassification frcm A-2 Apartuent District to
0-1 Office District at the Northwest comer of First Colonial
Road and Old Dc)nation Parkway, containing 1.584 acres
(Lynnhaven Borough).
This itern was APPROVED March 9, 1987.
d. Application of Ibnald L. Dingwall for a Conditional Use Pemit
for a single-fanily dwelling in the AG-1 Agricultural District
on Tot A-21, Princess Anne Hunt Club (2287 London Bridge lbad,
containing 5.474 acres (Princess Anne Bc)rough).
This item was DEFERRED January 25, 1988.
RecatULkendation: APPROVAL
e. Ppplication of @xaco lbfining and Marketing, Inc., for a
Coriditional Use Pemit for a service station in conjunction
with a convenience store and a car wash at @ southeast corner
of Holland lbad and Shipps (brner lbad, containing 39,640
square feet (Princess Anne Borough).
'Ihis item was DEFEMED January 4 and January 25, 1988.
Reccmeridation: APPROVAL
f. Ppplication of Gate Petroleum Oompany for a @nditional Use
Pemit for gas punps and car wash in conjunction with a
convenience store at the Northwst corner of South Lynnhaven
lbad and Lee Highlands Boulevard on Parcel A, SLction 21,
Princess Anne Plaza, oc)ntaining 39,204 square feet, more or
less (Lynnhaven Bc)rough).
Reccmendation: ICENIAL
g . Ppplication of Liberty Properties, Inc. on the Nbrth side of
Holland fbad at Delft Drive (Princess Anne Borough).
Change of Zo@n fran AG-2 Agricultural District tc) R-5
Residential District, containing 51.581 acres;
P,eccrnmendation: APPROVAL
AND
Conditional. Use Permit for @n space prcmotion.
Recamnendation: DENIAL
h. Ppplication of National Beach (brporation and George F. and
Frarir-es M. Phillips for a Change of Zoning District
Classification fran R-3 Residential to A-1 Apartmnt at the
I\brthwst corner of Pinewood ive and Holly lbad on Lots 82
and 83, T-inkhorn Park, containing 2.44 acres (Lynnhaven
Borough).
Feccmmendation: DENIAL
i. Application of National Beach (brporation for a Change of
Zc)niM District Classification frcm R-1 @sidential to A-1
Apartnent on t@ North side of Pinewood lbad, 270 feet, more or
less, @st of Holly lbad on Lot 84, Linkhorn Park, containing
1.886 acres (Lynnhaven Borough).
Recamnendation: I)ENLAL
G. RESOLURIONS
1. lbsolution authorizing the enlargement of the nonconforrning use
located at 1804 Arrtic Avenue (property of Ocean @scue Service,
Inc.). (Deferred January 19, 1988.)
2. lbsolution in support of the Old Dminion University/Norfolk State
University Joint Graduate Oenter in Virginia Beach.
H. CONSENT AGNDA
All Tnatters listed Lnder the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by
one motion in the fom listed. If any item is removed fran the Consent
Agenda, it will be discussed and voted upon separately.
1. Crdinance to anend and reordain Section 10-1 of the CDde of the
City of Virginl:a Beach, Virginia, pertaining to establishmnt of a
new votirig place at Virginia Beach Christian Church, 2225 Rose Hall
Crive.
2. Ordinance to anend and reordain the ODde of the City of Virginia,
Beach, Virginia, by addim Section 21-130 pertaining to Alterations
to Vehicle Suspension Systems (Bumpers).
3. Ordinance to authorize acquisition of property in fee simple for
right-of-way for Pungo Ferry Bridge replacement and the acquisition
of temporary and pennanent easements of right-of-way, either by
agreement or condennation.
4. lakeville Estates - 51% Neigbborhood Sanitary SevRr Project, 1988-
89/1992-93 Capital TmprovEment Progran.
5. MW BIDS:
a . A & W ODntractors, Inc. in the amount of $297,012.20 for FY
1987-88/1991-92 Mter Utility Capital Improvement Project for
the Great Neck Estates area, 51% Participation, CIP 5-010.
b. A & W ODntractors, Inc. in the anomt of $881,105.00 for
Eftizabeth ldver Shores Sevmrage System, CIP 6-929, (bntract I;
AND,
Cr@er Cbntracting oompany in the anount of $180,700.00 for
Elizabeth River Shores Punp Station, CIP 6-929, Oontract II.
C. C. L. Pincus, Jr. and Ompany, Inc. in @ amount of $95,922.00
for Princess Anrie Plaza Drainage Bow Creek/Northgate,
CIP 2-008.
d. (bntracbor's Paving in the amount of $231,122.50 for 89th, 84th
and 68th North Beach Street improv@nts, CIP 2-837.
e. Asphalt lbads & Materials O:>., Inc. in the anount of
$545,563.30 for 1987-88 Bituninous 0c)ncrete Schedule for
Ccmpleted Utility Projects - Contract II.
6. RAFFIE PER4ITS:
Bayside Junior High Band
Indian Takes Faementary School I>TA
Plaza Little League
Seahawk Booster Club
7. ordinance authorizing tax refmds in the anount of $3,223.14.
I. UNFINISHED BUSINESS
J. NEW BUSINESS
K. ADJO NT
- 13 -
Item III-E.1
MINUTES ITEM # 28809
Upon notion by Councilman Balko, seconded by Councilman Moss, City Council
APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of February 1, 1988,
as CORRECTED.
Page 14, ITEt4 # 28767
ORDINANCE UPON APPLICATION OF RONALD L. DINGVIKLL
FOR A CONDITIONAL USE PERMIT FOR A SINGLE-FAI@IILY
DWELLING Ill THE AG-1 AGRICULTURAL DISTRICT
R02881110
The following shall be ADDED as Condition 4:
4. No additional City services shall be available
as per the COURT ORDER.
Page 22a
RESOLUTION IN SUPPORT OF THE OLD DOMINTON
UNIVERSITY/NORFOLK STATE UNIVERSTTY JOINT GRADUATE
CENTER IN VIRGINIA BEACH
There are minor typographical and punctuation
errors:
ADOPTED: February 1, 1988
Page 28, ITEM # 28780.
The MINUTES stated:
"Councilwoman McClanan NOTED the map was incorrect
for the Elizabeth River Shores Sanitary Sewer."
The Minutes should also reflect:
"Councilwoman McClanan requested the Map be
CORRECTED."
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baun, Robert E. Fentress,
Harold Heischober, Barbara M. fienley, Mayor Robert
G. Jones, 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:
None
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 1, 1988
The CITY COUNCIL CONFERENCE SESSION of the VIRGINIA BEACH CITY COUNCIL was
called to order by Mayor Robert G. Jones in the Conference Room, City Hall
Building, on Monday, February 1, 1988, at 11:30 A.M.
Council Members Present:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Absent:
Robert E. Fentress (ENTERED: 11:40 A.M.)
John L. Perry (ENTERED: 11:45 A.M.)
- 2 -
C 0 N C E R N S 0 F T H E M A Y 0 R
ITEM # 28748
The Mayor and the City Manager met with Dr. Marchello and Mr. Stanton relative
the Old Dominion University/Norfolk State University Joint Graduate Center in
Virginia Beach. (See Item II-G.2 of Resolutions).
Dr. David Hager from Old Dominion will be in attendance to explain this
proposed Resolution.
Councilwoman McClanan inquired if representatives from Economic Development
had investigated the benefit this facility would be to the City. The City
Manager advised all discussions with ODU of,-icials would indicate very quickly
the State Council on Higher Education is going to move basically to bring the
Tech and UVA programs and particularly many of their education classes into one
graduate center in Virginia Beach. The City Manager advised the State Council
on Higher Education made it clear they believed this to be the first step in
corabining all of the various university programs in one location.
ITEM # 28749
Mayor Jones distributed the new Front Sheet for the City Council Agenda:
Wh'LCOME TO CITY COUNCIL. This will be utilized commencing with the February 8,
1988 AGENDA.
Mayor Jones requested suggestions for the next revised version.
- 3 -
V I C E M A Y 0 R S C 0 N C E R N S
ITEM 28750
Vice Mayor Oberndorf referenced the SOUTHFASTERN PUBLIC SERVICE AUTHORITY will
be starting a Homeowners Pilot Program to allow Homeowners to dispose of their
used oil. In Virginia approximately 4.4 Million gallons of used oil are
disposed in ditches, rivers and poured on the ground illegally. This is
considered a hazardous waste by the Federal Government. A pilot program will
commence approximately April First at the Oceana Transfer Station and at the
Transfer Station in Chesapeake There will be a 275-gallon tank. If the oil is
found by Baumgardner to have PCB's or similar materials then it will not be
disposed with the regular oil, but SPSA will be responsible for packaging and
distributing same to a hazardous waste disposal site. This program will entail
approximately four or five months and, if successful, same can evolve into a
permanency and expand into other localities in the region. If the individual
has over a 55-gallon drum, he will not be able to dispose of the oil at the
Oceana Transfer Station as SPSA would have to assume that would be a "business"
of changing oil.
- 4 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITENI # 28751
Councilwoman McClanan advised the Virginia Department of Parks and Recreation
had refused the Shamrock Marathon to continue their running course through
Seashore State Park. A resident of Maple Street had requested the City
Council ADOPT a Resolution requesting the Virginia Division of Parks and
Recreation of the Department of Conservation and Historical Resources to permit
the City of Virginia Beach to extend the Marathon Course for the Shamrock
Marathon through a portion of Seashore State Park.
Councilwoman McClanan distributed copies of the proposed Resolution and
requested this item be ADDED under NEW BUSINESS.
As per the request of the City Council, the City Manager will provide
information relative an alternate route if the Shamrock Marathon is not run
through Seashore State Park.
ITEM # 28752
Councilwoman Parker referenced House Bill 1075 which would weaken the Coastal
Primary Sand Dune Act. In the past, City Council has gone on record as being
OPPOSED to same. Apparently there iias an agreement that has been reached with
the Sandbridge Residents that bulkheads could be installed if everyone agreed.
The City Manager advised a copy of the Bill was not received until Saturday,
JanuarY 30, 1988. The City Council could consider a Resolution which basically
indicates its concern for the protection of the PRIMARY SAND DUNE and would not
be interested in anything that would minimize or lessen said protection. The
City Manager will contact Robert Matthias, Inter-governmental Relations Co-
ordinator, to determine more details and advise City Council.
Councilwoman Parker advised the City Attorney had anticipated this request, as
she had found a copy of the proposed Resolution in her AGENDA Package (A
Resolution of the Council of the City of Virginia Beach, Virginia Opposing
House Bill 1075 as originally submitted to the Committee on Conservation and
Natural Resources).
ITal # 28753
Councilman Moss referenced the PUBLIC HEARING on FERRELL PARKWAY on Tuesday,
January 26, 1988, attended by approximately 200 citizen.9. Councilman Moss
reiterated a citizen's concern relative whether the City's right-of-way policy
for roadways was sufficient. Much concern was also expressed relative why
set-backs are allowed to be so short when abutting major parkways. Councilman
Moss advised the COMPREHENSIVE ZONING ORDINANCE is being revised and this
should be a concern addressed therein.
ITEM # 28754
Councilman Fentress referenced a letter from Jerald Banagan of January 22,
1988, relative Senior Citizens and Single individuals Deferral on Real Estate.
Councilman Fentress believed the options available now are adequate in some
cases, but inadequate for residents who reside in affluent areas and are now
on Social Security. Councilman Fentress requested this issue be studied to
determine if situations could be addressed for residents i.e. of Birdneck Point
who only survive on Social Security. The individual has resided there for
approximatelY 30 years and the taxes continue to increase. There should be a
method of deferral on a portion of those taxes. Net Worth does not always
control income. Jerald Banagan had advised there is nothing specifically
addressing this particular situation.
- 5 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 28754 (Continued)
Councilman Heischober advised Virginia Beach is the only City in the State with
deferral, exemption and freeze of real estate taxes.
Councilman Balko advised when receiving inquiries from Citizens he contacts
Jerald Banagan who provides a representative directly to that citizen to fully
explain the options available.
ITDI # 28755
Councilwoman Henley referenced the HMP COMMITTEE and advised of a Meeting on
Tuesday, February 2, 1988. Councilwoman Henley requested a WORKSHOP to compile
the recommended changes to the COMPREHENSIVE ZONING ORDINANCE by the HMP
COMMITTEE.
BY CONSENSUS, City Council will SCHEDUI;E a WORKSHOP for the HMP COMMITTEE to
present these recommended changes of tlie CZO to City Council at 2:00 P.M. on
February 22, 1988.
City Council requested a PUBLIC HEARING be SCHEDULFD relative the CZO at 7:ob
P.M., March 2, 1988, at the PAVILION and 7:00 P.M., March 10, 1988, at the
KEMPSVILLE RECRFATION CENTER.
ITEM # 28756
Councilman Heischober referenced an ORDINANCE UPON APPLICATION OF REED
ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-4 TO R-6
(DENIED by City Council on January 25, 1985). Councilman Heischober advised he
has received numerous telephone calls. Some assured him they would have favored
the rezoning had there been an assurance the housing would have been for low
and moderate income, which, of course, was not presented to the City Council.
Some indicated under no circumstances would tliey favor R-6. One of the
conditions of the approval of the NAVPHIBASE FEDERAL CREDIT UNION on December
2, 1985, was: "@lecessary easements, encompassing a total of fifty (50) feet
shall be granted for extension of the right-of-way from Wishart Road tlirough
subject property adjoining the existin., private road for the purpose of
assisting Reedtown residents." There seems to be a question whether this is
City owned property or not. The Credit Union was willing to dedicate par@ of
their own property and the Hawkins family residing on Wishart Road agreed to do
the same thing.
Councilman Heiscliober requested the City Attorney's office determine the legal
status of this street, right-of-way, or whatever it is and if, in fact, it is
the City's. A gravel road, at least, is needed for these residents. Opening a
road would benefit three groups, Reedtown, Wishart Court and Sir John Lane.
Councilwoman Henley requested review of Timothy Barrow's Plan relative REEDTOWN
recommending a plan of trading property which was rejected by the residents of
Reedtown before Community Development expends further funds on Studies. This
Plan did recommend above -,1-5 zoning; however, there was a subsequent study
recommending rezoning not exceed R-5- Perhaps a similar plan as Barrow's could
be developed with the R-5-
Councilman Perry agreed and advised three studies had been conducted relative
REEDTOWN and another study was not necessary.
ITF14 # 28757
Councilman Heischober was APPOINTED by the Governor as a Commissioner on the
MOTOR VEHICLE DEALER ADVISORY BOARD for a four-year term beginning January 1,
1988.
- 6 -
ITEM # 28758
Mayor Robert G. Jones entertained a motion to permit City Council to conduct
its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia,
as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
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 ownershid by such institution.
3. PUBLIC FUNDS INVESTMENT: The investing of public funds where competition or
bargaining is involved, where if made public initially the financial
interest of the governmental unit would be adversely affected.
4. 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 jurisdicti-oia of the public
body. Specific items of business on the City Council agenda that may be
discussed in Executive Session are the following: III.F.l.d. and
III.F.l.g.
Upon motion by Councilman Heischober, seconded by Councilman Moss, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice i4ayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 7 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
February 1, 1988
2:00 P.M.
Mayor Robert G. Jones called to order the FOR14AL SESSION of the VIRGINIA BFACH
CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, February
1, 1988 at 2:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
INVOCATION: Reverend William B. Dodd
Tidewater Central Church of the liazarene
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 8 -
ADOPTION OF ITEMS
Item III-D.l. ITEM # 28759
Councilwoman McClanan referenced the addition under NEW BUSINESS relative a
Resolution requesting the Virginia Division of Parks and Recreation of the
Department of Conservation and Fistorical Resources to Permit the City of
Virginia Beach to extend the Marathon Course for the Shamrock Marathon
through a portion of Seashore State Park.
Item III-D.2. ITFDM # 28760
Councilwoman McClanan further referenced the RECONSIDERATION of the
application of NARGARET A. DPUMMOND, JAMES R. & MARGUERITE D. JOHNSON for a
Chanoe of Zoning District Classificati-on from AG-2 to B-2 (ADOPTED by City
Council necessary September 21, 1987). The conditions need to be NODIFIED
after consideration of the application of TEXACO REFINING AND MARKETING, INC.
for a Conditional Use Permit.
This item will be ADDED under NEW BUSINESS.
Item III-D-3- ITEM # 28761
Mayor Jones referenced an unfortunate occurrence during the City Council
Meeting of January 25, 1988. Mayor Jones requested correction of a
procedural problem. The Chair ANNOUNCED at the beginning of the Session, the
item relative Ordinance upon application of REED ASSOCIATES for a Change of
Zoning District Classification from R-4 Residential Distrj-ct to R-6
Residential District.L containing 7.108 acres, (Bayside Borough) was to be
DEFERRED. Some individuals left the meeting on the basis of the Chair's
comment and thus did not speak when the item was discussed later on the
AGENDA. City Council DENIED the application. In the future, when one of the
items is decided for DEFERRAL, the item will be formally voted upon in the
beginning of the FORMAL SESSION for the convenience of the public.
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.
9
Item III-E.1
MINUTFS ITEM 28762
Upon motion by Councilman Moss, seconded bj Vice Mayor Oberndorf, Ci@Y
Council APPROVED the MINUTES o.@ the IMFORMAL & FORMAL SESSIONS of January
25,1988, as CORRECTED.
Page 35, ITEM # 28736, Item III-I.l.(b)
The motion should CORRECTLY state:
Upon motion by 9Q;4p@A4-1- Councilwoman
McClanan, seconded by Councilman -neischober, City
Council ADOPTED, AS AMENDED:
Resolution authorizing the selection of the Hunt
Club Forest site for Recreation Facilities !-n the
Southeastern Part of the City for the Princess Anne
Recreational Center; and, authorizing the City
@lanager to submit a financial plan for the
acquisition of this site.
(A corrected page was distributed to Members of
City Council).
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baun, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert
G. Jones, 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:
None
- 10 -
Item III-F.
PLANNING ITFM # 28763
Mayor Robert G. Jones DECLARED a PUBLIC HEARING on:
PLANNING
a. KOGER PROPERTIES, INC. STREET CLOSURE
b. KATHLEEN B. GRIER RECONSIDERATION
CHANGE OF ZONING
c. RICHARD M. WAITZER RECONSIDERATION of
T/A PROFESSIONAL GENTER Condition
d. RONALD L. DINGWALL CONDITIONAL USE PERMIT
e. TEXACO REFINING AND MARKETING, INC. CONDITIONAL USE PERMIT
f. GATE PETROLEUM COMPANY CONDITIONAL USE PERMIT
g. LIBERTY PROPERTIES, INC. CHANGE OF ZONING AND
CONDITIONAL USE PERMIT
h. NATIONAL BKACH CORPORATION CHANGE OF ZONING
i. NATIONAL BEACH CORPORATION CHANGE OF ZONING
Item III-F.l.a.
PUBLIC HEARING
PLANNING ITEM 28764
Major Jones referenced a letter from Attorney Ronald P. Donn, Willcox &
Savage, dated January 29, 1988, requesting DEFERPAL to permit further review
of the agreement contemplated by condition 5 of the PLANNING COMMISSION
REPORT. (Said letter is hereby made a part of the record.)
Upon motion by Councilman Heischober, seconded by Councilman Fentress, Ci-ty
Council DEFERRED until the City Council Meetiyig of March 14, 1988, an Ordinance
for the discontinuance, closure and abandonment of a portion of NEWTOWN ROAD In
the petition of KOGER PROPERTIES, INC.
Applicatio.,i of l@@oger Properties, Inc., for the
discontinuance, closure and abandonment of a
portion of Newtown Road be@.inning at a point 140
feet more or less south of Larry Avenue and running
in a southerly direction a distance of 250.8 feet-
square
.nore or less. Said parcel contains 6,214
feet. BAYSIDE BOROUGH.
Councilwoman Henley advised this involves the right of the City to repurchase
the land area. -.ouncilwoman Henley requested comments from the City Staff as to
i,ihether or Ylot this Agreement would influence the Viewers' Decision and an
analysis of W'nether this process is advisable.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, liayor Robert G.
Jones, Reba S. McClanan, Vice I,,,Iayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting ',,,ay:
John D. Moss
Council Members Absent:
None
1 2
Item III-F.l.b.
PUBLIC HEARING
PLANNING ITFIL # 28765
Attorney Robert B. Cromwell, Pembroke One - The Fifth Floor, Phone: 499-8971,
represented the applicant and requested WITHDRAWAL.
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council
AIJ,OWED WITHDRAWAL in the RECONSIDERATION of conditions upon the application of
KATHLEEN B. GRIER for a Change of Zoning:
ORDINANCE UPON APPLICATION OF MRS. KATHLEEN B.
GRIER FOR A CHA@IGE OF ZONI'@IG DTSTRICT
CLASSIFICATION FROM R-6 TO B-2 Z0584853
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
An Ordinance upon appiication of Mrs. Kathleen B.
Grier for a Change of Zoning District
Classification from R-6 Residential District to B-2
Community-Business District on certain property
located on the south side of Indian River Road
beginning at a point 609-53 feet east of Kempsville
Road, running a distance of 156.02 feet along the
south side of Indian River Road, running a distance
of 213-42 feet along the eastern property line,
running a distance of 165-40 feet along the
southern property line and running a distance of
210.72 feet along the western property line. Said
parcel is located at 5217 Indian River Road and
contains 34,082 square feet. KE@IPSVILLE BOROUGH.
(ADOPTED May 14, 1984)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, ',iobert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
louncil Members Voting Nay:
None
Council Members Absent:
None
Councilman Moss requested information relative the No. 1 Option stated in the
Planning Commission's Evaluation: "The rezoning from R-6 Residential District
to B-2 Community Business District may be revoked back to R-6 Residential
District for failure to satisfy the two (2) conditions." Councilman Moss
requested the City Attorney respond in l@lemo relative the procedure involved in
this option.
- 13 -
Item III-F.l.c.
PUBLIC HEARING
PLANNING ITF14 # 28765
Richard M. Waitzer, 6025 'liver Road, Norfolk, Virginia 23505, Phone: 340-1086,
requested City Council- AWIFD the condition caanging the height of the building
from approximately 40 feet to 52 feet. (S4-te Plan is hereby made a part of the
record.)
Upon inotion by Councilman Perry, seconded by Councilman Balko, City Council
AMENDED Condition No. 4 in the application of RICHARD M. WAITZER, T/A
PROFESSIONAL CFIITER for a Change of Zoning froin A-2 Apartment District to 0-1
Office District (ADOPTED by City Council on il@arch 9, 1987).
ORDINANCE UPON APPLICATIO.,@ OF IICIIARD M. WAITZER
T/A PROFESSIONAL CEQTER, FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM A-2 TO 0-1 Z03871143
BE IT HEREBY ORDAINED BY THE COUNCIL OF 'HE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance uz)on application of Richard M. Waitzer,
T/A Professional Center for a Change of Zoning
Dis@Irict Classification from A-2 Apartment District
to 0-1 Office District on certain property located
at the northwest corner of First Colonial Road and
Old Donation Parkway. Said parcel contains 1.584
acres. Plats with more detailed information are
available in tlie Department of Planni--,ig. LYNNHAVEN
BOROUGH.
Condition No- 4 shall be AL@DED as follows:
4. Height of building shall
4 be limited to 52 feet,not to exceed a 4-
story building.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, i'layor Pobert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council llenbers Voting Nay:
None
Council Members Absent:
None
- 14 -
Item III-F.l.d.
PUBLIC HEARING
PLANNING ITEM # 28767
Ron Dingwall, 303 Atlantic Avenue, Phone: 428-2133, the applicant and
represented himself
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of RONALD L. DINGWALL for a Conditional
Use Permit:
ORDINANCE UPON APPLICATIOIT OF RONALD L. DINGliALL
FOR A CONDITIONAL USE PERMIT FOR A SINGLE-FAMILY
DWELLIN-u Ill THE AG-1 AGRICULTURAL DISTRICT
R02881110
BE IT HEI@BY OliDAINED BY THE COUNCIL OF THE -IITY OF VIRGINIA BEACH, VIRGINIA
Ordi-nance upon application of Ronald L. Dingwall
for a Conditional Use Permit .@or a single family
dwelling in the AG-1 Agricultural District on Lot
A-21, Princess Anne Hunt Club. Said parcel located
at 287 London Bridge Road and contains 5-474 acres.
PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. Compliance with required criter-@@a or installation
of septic tanks in poorly-drained soils.
2. The road must be maintained as ingress/egress
suitable for fire and safety vehicles at all times.
3. An agreement stating these deed restrictions,
subject to review and approval by the City Attorney
shall be recorded with the Clerk of the Circuit
Court prior @lo the issuance of any building permit.
This Ordinance shall be efl-ective upon the date of adoption.
Adopted by the Couiicil of the City of Virginia Beach, Virginia, on the First
day of February Nineteen Hundred and Eighty-eight.
Voting: 11-0
Council Met,.ibers Voting Aye:
Albert W. Balko, John A. BauT@i, Robert E. Fentress,
,iarold lieischober, Barbara M. Henley, i'liayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, lqancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Abseiat:
None
1 5
Item III-F.l.e.
PUBLIC HEARING
PLANIiING ITEM # 23768
Attorney Robert B. Croiwell, Pembroke One, Phone: 499-8971, represented the
applicant and Dresented a revised site plan which is hereby made a part of the
record and proceedings. This is an attenipt to co-ordinate the traff-@Ic flow
between the adjacent shopping center and the Texaco Site. Texaco agreed to
limit their frontage on Holland Road to one-curb cut only, the width of 25
feet, for ingress only. Texaco agreed to only one curb cut on Shipps Corner
Road to be located in as easterly direction as possible and illustrated on the
revised site plan. As a result of this plan, the Shopping Center o@Tners
(Margaret A. Drummond, James R & Marguerite D. Johnson COZ-9/21/87) have to
amend the previous cond 4tions proffei@ed regarding their for ingress only curb
cut.
Upon motion by Counc4-lwoman McClanan, seconded by Councilman Perry, City
Council ADOPTED an Ordinance upon application of TEXACO REFINING AND MARKETING,
INC., fro a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF TEXACO REFINING AND
I,IARKETIN-1, INC. FOR A COI@DITTONAL USE PERMIT FOR A
SERVICE STATION 11; CONJUliCTION WIT- A CONVENIENCE
STORE AND A CAR IIASli R02881111
BE IT IIEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINTA BEACH, VIRGINIA
Ordinance u-ooii application of Texaco Refining and
Marketing, Inc., for a Conditional Use Permi.t for a
service station in conjunction with a convenience
store and car wash on certain property located at
the southeast corner of Holland Road and Shipps
Corner Road. Said pa--cel contains 39,640 square
feet. Plats with more detailed information are
available in the Department of Planning. PRINCESS
ANNE BOROUGH
The following conditions shall be requ-@lred:
1. Only one 25-foot curb cut for riglit turn ingess
only shall be permitted on Holland Road. The exi-t
shall be at the entrance to the adjacent silopping
center. This curb cut shall be located at the
southern -oroperty li-'Ie and shared with the
adjoining parcel.
2. There shall be only one curb cut permitted on
Shipps Corner Road located at the eastern property
line (as easterly as possible) and shared with the
adjoining parcel. The exact width will be
determi-@led at detailed site plan review.
3. The applicant shall locate the car wash as depicted
in the Site Plan to have 8, Tqinimum impact on the
adjacent shopping center properties.
4. An extended right-turn lane shall be required into
the Shipps Corner Road entrance.
5. As the site plan viola@es the current Gi-ty
Ordinaiice requirin., 55 feet between a Convenience
Store and Gas Pumps, either a Variaice must be
obtained from the Board of Zoning Appeals or the
Ordinance eliminated in the proposed COMPREHENSIVE
ZONING ORDINANCE. A buildi,.,ig permit will not be
obtained until this question is legally satisfied.
- 16 -
Item III-F.I.e.
PUBLIC HEARING ITEII # 28768 (Continued)
PLANNING
6. The Ordinance authorizing the Shopping Center,
(Applicat,*-on of @largaret A. I)rumiqond, James R. &
Marguerite D. Johnson for a Change of Zoning
District Classification from AG-2 to B-2, ADOPTED
by City Couicil on c,'/21/87), must be AMENDED. In
the entrance off Holland Road into the Shopping
Genter, the curb cut was limited to ingress only.
To approve the Texaco applicant's traffic pattern,
this condition must be AMENDED.
7. Tile applicant has agreed to extensive Cate.@ory I
and Category II Laidscaping along Tiolland Road, the
northern and western property liiies as well as the
front of the property along Holland Road and Shipps
Corner Road.
8. The utilization of Best Mana@.ement Practices @-or
controlling stormwater runoff which are reasonably
applicable to the development of tlie site and in
keeping with the recommendations for the proposed
Back @lay/Nort-'i Landing River Mangerient District.
9. Ther-- shall be two (2) public restroo..qs.
10. Se,,urity measures will be provided to assure the
sal@'ety of employees in said Convenience Store.
11. The revised Si-te Plan shall be adhered to and is
liereby made a part of the proceedings.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of tlie City of Virginia Beacii, Virginia, on the First
de,y of February Nineteen Hundred and Eighty-eight.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, Jolin D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Me.,,ibers Voting llay:
None
Council Menibers Absent:
None
16a
(M/u YVA) crou L13NHOD Eddi@46
A,
- 17 -
Item III-F.l.f.
PUBLTC HEARING ITEM # 28769
PLANNING
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant and advised the applicant has agreed to move the car wash up to a
point where it is approximately 67 feet from the rear lot line and also move
the building up. Attorney Cromwell also advised the hours of operation would
be limited to 6:00 A.M to 12 MIDNIGHT. Attorney Cromwell referenced a letter
from Dr. Waddell dated January 25, 1988, advising of the problems associated
with this parcel. (Said letter is hereby made a part of the record.)
Paul Viarengo, Realtor, 3336 Bow Creek Boulevard, Phone: 340-7613, distributed
a petition stating conditions requested of the applicant and whether or not
the individual resident was opposed. Mr. Viarengo distributed photographs of
the property and information relative the underground storage of gasoline.
(Said information is hereby made a part of the record.)
OPPOSITION:
Attorney William Bischoff, One Columbus Center, represented Harrell & Harrell,
Inc., Phone: 490-6000
Melvin M. Seay, 440 Crossett Street, Phone: 486-1558, represented the Plaza
Civic League and presented a Brookwood Petition against Gate Petroleum (Said
petition is hereby made a part of the record.)
Steve Dudley, 400 Clyne Lane, Phone: 486-4358
Mary M. List, 433 Clyne Lane, Phone: 340-2385, member of the Princess Anne
Plaza Civic League
Walker Logsdon, 408 Lee Highlands Boulevard, Phone: 486-7634
Upon motion by Councilman Balko, seconded by Councilwoman McClanan, City
Couiicil DENIED an Ordinance upon application of GATE PETROLEUM COMPANY for a
Conditional Use Permit:
ORDINA@T'@E UPON APPLICATION OF GATE PETROLEUM
COMPAhY FOR A CONDITIONAL USE PERMIT
Ordinance upon application of Gate Petroleum
Company for a Conditional Use Permit for gas pumps
and car wash in conjunction with a convenience
store at the northwest corner of South Lynnhaven
Road and Lee Highlands Boulevard on Parcel A,
Section 21, Princess Anne Plaza. Said parcel
contains 39,204 square feet more or less.
LYNNHAVEN BOROUGH.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baurq, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
Item III-F.l.g.
PUBLIC HEARING
PLANNING ITEM # 28770
Upon motion by Councilwoman McClanan, seconded by Councilman Fentress, City
Council DEFERRED INDEFINITELY an Ordinance upon application of LIBERTY
PROPERTIES, INC. on the North side of P-olland Road at Delft Drive (Princess
Anne Borough) for a Change of Zoning from AG-2 Agricultural District to R-5
Residential District, containing 51-581 acres; AND, REFERRED BACK TO THE
PLANNING COMMISSION a Conditional Use Permit for open space promotion.
ORDINANCE UPON APPLICATION OF LIBERTY PROPERTIES,
INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFTCATION
FROM AG-2 AGRICULTURAL TO R-5 RESIDENTIAL DISTRICT
Ordinance upon application of Liberty Properties,
Inc., for a Change of Zoning District
Classification from AG-2 Agricultural District to
R-5 Residential District on the north side of
Holland Road at Delft Drive. Said parcel
contains 51-581 acres. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
A N D, REFERRED BACK TO THE PLANNING COMMISSION
ORDINANCE UPON APPLICATION OF LIBERTY PROPERTIES,
INC. FOR A CONI)ITIONAL USE PERMIT FOR OPEN SPACE
PROMOTION ON CERTAIN PROPERTY
Ordinance upon application of Liberty Properties,
Inc., for a Conditional Use Permit for open space
promotion on certain property located on the north
side of liolland Road at Delft Drive. Said parcel
contains 51-581 acres. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
Voting: 11-0
Council Members Voting Aye;
Albert W. Balko, John A. Baun, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancv K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None