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Home My WebLink AboutJANUARY 25, 1988 it; "f 13@-@ @ll "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR ROBERT G. JONES, A, L.,g@ VICE MAYOR MEYERA E OBERNDORP, A, L,,g, A@ERT W BALKO, L,@@h-,@ B-,h JOHN A BAUM, 81.,k-1, B-..,h ROBERT E. FENTPESS, Vi,i@i@ 8 .. h B-,h tiAROLD HEISCHOBER, A, L,,, BARBARA M HENL.EY, P.,V @@.gh REBA S MCLANAN, P,@,,. A.., @..gh JOHN D MOSS, K,@,@ll, @,h N@CY K PA@ER, A@ @,, JOHN L PERRY, B,,id, @@,h 281 Cffy HALL BUILDING MUNICIPAL CENTER A- I --, J., CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 234@-9002 J. - .-N, @i,, A@-, (804) 427 @303 R- January 25, 1988 ITEM T. COUNCIL CONFERENCE SESSION - Conference Room - 4:00 PM A. CITY COLNCIL CONCERNS ITEM II. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - @yor Robert G. Jones B. ROLL CALL OF COUNCIL C. RE)CESS TO EXBCUTIVE SESSION ITEM III. FCRMAL SESSION - Council Chamber - 7:00 PM A. INVOCATION: Reverend E. Ray Cox, Sr. ITew Hope Baptist Church B. PLEDGE OF ALLEGIANCE TO THE FIAG OF THE UNITED STATES OF AMERICA C. ELECTROIIIC ROLL CALL OF CITY COUNCIL D. ADOPTION OF ITEMS FOR THE FOMIAL AGENDA E. MINUTES 1. INFORMAL & FORMAL SESSIO17S - January 19, 1988 F. PROCLAMATIONS 1. Community College Week - January 24-30, 1988 2. Boy Scouts of America Week - February 7-13, 1988 G. PUBLIC HEARING 1. PRINCESS ANNE RBCREATION CERRER SRTE Site 1: Hunt C]-ub Forest - forty eight acres located on the Southeast intersection of London Bridge Road and General Booth Boulevard. Site 2: Redmill - forty six acres located 14orth of Painters Laneand South of Culver Lane. Site 3: DLinwoody - twenty three acres located at the end of Hubbell Drive (south side) off General Booth Boulevard and South of Dam IJeck Road. Site 4: Red Wing Park - ninety acre City-owned Park. H. PIJBLIC HEARING 1. PLANNING a. Application of Bernie Walker for a Conditi.onal Use Permit for a single-family residence in thc! AG-1 District on the East side of New Bridge Road, 2,059 feet South of Sandbridge Road (3022 New Bridge Road) , containing 1 6. 71 acres (Princess Anne Borough) . DEP@D January 11, 1988 Recommendation: APPROVAL b. Application of Ronald L. Dingwall for a Conditional Use Permit for a single-family dwelling in the AG-1 Agricultural District on Lot A-21, Princess Anne Hunt Club (2287 London Bridge Road, containing 5.474 acres (Princess Anne Borough). Recommendation: APPROVAL C. Application of Ouida C. Young for a Conditional Use Permit for an automobile repair facility (auto upholstery) on Lots 1-3, 6-9 and 23-28, Block 28, @clid Place (5040 Virginia Beach Boul.evard) , containing 41, 513 squar@ feet ( Bayside Borough) Recommendation: APPROVAL d. Application of lee A. Gifford for a Conditional Use Permit for an eight foot (8') by eight foot (8') billboard on the West side of South Military Iiigh@y, 200 feet more or less South of Indian River Road (845 South Military Highway), containing 2.46 acres (Kempsville Borough). Recommendation: APPROVAL e . Application of @xaco Refining and Marketing, Inc. for a Conditional Use Permit for a service station in conjunction with a convenience store and a car wash at the Southeast corner of Holland Road and Shipps Corner Road, containing 39,640 square feet (Princess Anne Borough). DEFERRED January 4, 1988 Recc(nmendation: APPROVAL f. Application of Gene S. Meekins for a Conditional Use Permit for a bulk storage yard (boat and boat trailer storage) on the West si-de of Village Drive, 420.25 feet South of Laskin Road, containing 3.069 acres (Lynnhaven Borough). Recommendation: APPROVAL g. Application of John W. and Patricia A. French for a Conditional Use Perrnit for a car wash on the West side of Proposed Phoenix Drive, 490 feet more or less South of Guardian Tane, containing 3.25 acres (Lynnhaven Borough) Recommendation: APPROVAL h. Application of J. J. O'Keefe for a variance to Section 4.1(b) (1) of the Subdivision Ordinance to allow the arrangement of streets in the subdivision to provide for continuation or appropriate projection of existi ng ar terial or collec tor streets in surromding areas, (Lynnhaven Borough) DEFERRED December 21, 1987 Recommendation: APPROVAL i. Application of Whitehurst Associates for a Variance to Section 4.5(a) of the Subdivision ordinance which requires land to be set aside for open space and recreational purposes in residential developments. The proposed subdivision requires a recreational/open space reservation of .78 acres (Kempsville Borough) . Recommeridation: DENIAL j. ordinance for discontinuance, closure and abandonment of a portion of Old Donation Parkway beginning at a point 980 feet more or less West of North Inlynnview Road and running in a Westerly direction a distance of 353 feet mare or less, in the petition of ilenneth D. and Evelyn Reid, containing 1.45 acres more or less (Lynnhaven Borough). Recommendation: DENIAL k. Application of Robert H. Venner for a Conditional use Permit for a recreational facility of an outdoor nature on the North side of Princess Anne Road, 150 feet more or less East of Holland Road (2368 Princess Anne Road), containing 17.640 acres (Princess Anne Borough). Recommendation; DENIAL 1 . Application of Bob M. and Janet B. Martin for a Change of zZoning from R-1 Residential District to R-3 Re siden ti al District on Site 58 and Parts of Site 57 and 59, Linkhorn Park (320 Bay Colony Drive) , containing 3.18 acres, (Virginia Beach Borough) . Recommendation: DENIAL M. Application of Peed Associates for a Change of Zoning from R-4 Residential District to R-6 Resi-dential District, containing 7.108 acres, (Baysidc Borough). Parcel 1 : Beginning at a point 109.65 feet South of the southern terminus of old Reedtown Road, containing 1.399 acres. Parcel 2: South side of Old Reedtown Road at the intersection with Reedtown Road, containing 1.679 acres. Parcel 3: West side of RE?edtown Road beginning at a point 276.16 feet South of Sir Johns Lane, containing 1.845 acres. Parcel 4: Northwest corner of Sir Johns Lane and Reedtown Road, containing 1.437 acres. AND, Parcel 5: Northeastern extremity of Reedtown Road, containing 32,582.88 square feet. Recommendation: DENIAL n. Ordinance to AMEND and REORDAIN Article 9, Section 944.1 of the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, pertaining to Sign Regulations in the B-5 Resort Commercial District. Recommendation: APPROVAL I. RESOLUTION 1. Pesolution authorizing consideration of four sites (Exhibit A) f-or Recreation Facilities in the Southeastern Part of the City for the Princess Anne Recreational Center. J. CONSENT AGENDA All matters listed under the Consent Agenda are considered i-n the ordinary course of business by City Council 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. ordinance to authorize acquisition of property in fee simple for right-of-way for Ferrell Parkway Phase I-C AND the acquisition of temporary and permanent easements of right of way, either by agreement or condemnation. 2. Ordinance upon SBCOND READING to ACCEPT and APPROPRIATE $30,600 in revenue frorn the operation of a Day Camp Program for children of "inicipal anployees to support program operations. 3. LOW BID to Utility Builders, Inc. in the amount of $363,303.15 for Trantwood Shores - 51% Type CIP 5-008 for water and sewer Operating Revenue Capital Project fund. 4. RAFFI.E PERMIT a. Virginia Beach Independence Lions Club K. UNFINISHED BUSINESS L. NEW BUSINESS 1. Resolution requesting the General Assembly to AMEND Section 15.1- 491 (a) of the Code of Virginia so as to include the City of Virginia Beach among those counties, cities and towns which may utilize the written proffer process (Conditional zoning) as provided therein. M. ADTOURIMENT 9 Item III-E.1 MIYUTES IT13-1 28762 Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of January 25,,1988, as CORRECTED. Page 35, ITEM # 28736, Item III-T.l.(b) The motion should CORRECTLY state: Upon motion by Qg;;,;@4 I Councilwoman 'vlcClanan, seconded by Councilman 'n@eischober, City i Council @DOPTED, AS AMENDED: Resolution authorizing the selection of the Hunt Club Forest site for Recreation Facilities i-n the Southeastern Part of the City for the Princess Anne Recreational Center; and, authorizing the City Manager 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. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Heiley, Mayor Robert G. Jones, Reba S. McClanan, John D. @loss, 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 January 25, 1988 The CITY COUNCIL CONFERENCE SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Vice Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday, January 25, 1988, at 4:00 P.M- Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: Mayor Robert G. Jones (ENTERED: 4:02 P.M.) Reba S. McClanan (ENTERED: 4:05 P.M.) John L. Perry (ENTERED: 4:35 P.M.) - 2 - V I C E M A Y 0 R I S C 0 N C E R N S ITEM # 28705 Vice Mayor Oberndorf referenced the concern for the safety of individuals working alone in CONVENIENCE STORES throughout the night. The Vice Mayor requested the City Attorney to investigate methods by which the City Council could encourage the private sector to assure a safer working environment for their employees. - 3 - C 0 N C E R N S 0 F T H E M A Y 0 R ITF14 # 2870'0 The Mayor advised of a telephone call from the Chesapeake City Council relative a MUTUAL SILVER ANNIVERSARY BREAKFAST with the City of Virginia Beach. The Mayor requested Councilwoman McClanan arrange same. - 4 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 28707 Councilwoman Parker referenced the Newspaper article relative the lowering of the Lago Mar sewerage lagoon. The City Manager will contact the State Water Control Board which is the regulatory agency and advise City Council. ITEM # 28708 Councilman Moss referenced the addition of an ITEM under NEW BUSINESS. Councilman Moss requested the RECONSIDERATION of a Condition of the application of WILLIAM E. WOOD for a Change of Zoning District Classification from R-6 to B-2 in the Kempsville Borough ADOPTED by City Council on November 10, 1975. The Staff has investigated Condition No-3: Entrances to the shopping center shall be at least 650 feet from the intersection of Kempsville Road and Centerville Turnpike. Councilman Moss met with the principals and City Staff. This Condition does not appear to be feasible. ITEM # 28709 Councilman Moss inquired as to when City Council will SCHEDULE the PUBLIC HEARINGS relative the COMPREHENSIVE ZONING ORDINANCE. Councilwoman Parker advised the HMP Committee will meet Wednesday, January 27, 1988. Councilwoman Henley advised an update relative their recommendations will be prepared for the City Council Meeting of February 1, 1988, and dates will be recommended for SCHEDULING of PUBLIC HEARINGS. - 5 - ITEM # 28710 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 ownership 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 jurisdiction of the public body. Specific items of business on the City Council agenda that may be discussed in Executive Session are the following: G.l. Upon motion by Councilman Moss, seconded by Councilman Balko, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 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 Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: John L. Perry (ENTERED: 4:35 P.M.) 6 Item III-F.l. PROCLAMATION ITF!4 28711 Mayor Robert G. Jones PROCLAIMED the week of January 24-30, 1988 as: COMMUNITY COLLEGE WEEK This PROCLAMATION recognized TIDEWATER COMMUNITY GOLLEGE for its outstanding service to the citizens of the Community. TIDEWATER COMMUNITY COLLEGE has served the region since 1968. This PROCLAMATION was ACCEPTED by Dr. LaBouvel and Dr. E. T. Buchanan. Jan WHEREAS, the very concept of community colleges was conceived by Virginian, Thomas Jefferson, who sought to better educate the people and enable them to protect their newly gained rights by creating institutions of higher learning within a day's horseback ride; and WHEREAS, in 1966 the Virginia State Legislature created the Department of and State Board for the establishment and main- tenance of a state-wide system of comprehensive community colleges; and WHEREAS, the 23 community colleges Iin the system make available a wide range of programs and services to every citizen in Virginia at minimal cost; and WHEREAS, these institutions have provided hundreds of thousands of Virginians with the skills needed for good jobs, college transfer courses, counseling services and a variety of cultural services, serving more than 250,000 citizens each year; and WHEREAS, it is appropriate that the p(@ople of Virginia recognize the contributions of their community colleges, support these institutions, and promote public awarenee;s of the services available to our citizens; and WHEREAS, Tidewater Community College has served the region since 1968, providing accessible, low cost, post secondary educational opportunities to citizens of the City of Virginia Beach. NOW, THEREFORE, I, Robert G. Jones, Mayor of the City of Virginia Beach, do hereby proclaim the week of January 24-30, 1988 as COMMUNITY COLLEGE in Virginia Beach and cormnend TIDEWATER COMMUNITY COIJEGE for its outstanding service to the citizens of our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Virginia Beach, Virginia, to be affixed this twenty-fifth day of January, nineteen hundred and eighty- eight. Robert G. Jones Mayor 7 Item III-F.2. PROCLA14ATION ITFM 28712 Mayor Robert G. Jones PROCLAIMED the week of February 7-13, 1988,as: BOY SCOUTS OF AMERICA This PROCLA14ATION recognized the BOY SCOUTS OF AMERICA for their important contributions to the moral character, spiritual growth and leadership development of the youth of Virginia Beach. This PROCLAMATION was ACCEPTED by James Bergdoll, Virginia Beach Chairman of the TIDEWATER COUNCIL of BOY SCOUTS OF AMERICA. Representatives from Pack 364 and Boy Scout Troop 364 sponsored by Bayside Presbyterian Church, the Varsity Scouts from Bow Creek Presbyterian Church, Explorer Post 911 sponsored by the Virginia Beach Police Department; Troop 67 of Little Creek Amphibious Base and Tom Mullen, District Scout Executive in Virginia Beach, were also in attendance. Vice Mayor Oberndorf is the newest member of the Executive Council of the BOY SCOUTS OF AMERICA. - 7a rojrt;utn;uti 6 on WHEREAS, 1988 marks the seventy-seventh anniversary of the Tidewater Council, Boy Scouts of America; and WHEREAS, the Boy Scouts of America has made and continues to make important contributions to the moral character, spiritual growth, and leadership development of the youth of Virginia Beach; and WHEREAS, numerous Virginia Beach civic organizations and educational and religious institutions utilize Scouting pro- grams to inspire their youth members with positive human values and practical experiences; NOW, THEREFORE, I, Robert G. Jones, Mayor of the City of Virginia Beach, do hereby proclaim February 7-13, --L988 as BOY SCOUTS OF M=CA WEEK in Virginia Beach and urge all Scouts, as well a!3 all other citizens, to continue to do their best to do th(air duty to their God and their country, to obey the Scout Lilw, to help other people at all times, and to keep themselves physically strong, mentally awake, and morally straight. IN WITNESS WHEREOF, I have hereunto set m,y hand and caused the seal of the City of Virginia Beach, Virginia, to be affixed this twenty-fifth day of January, nineteen hundred and eighty-six. Robert G. Jones Mayor - 8 - Item III-F-3- ADD-ON ITEM # 28713 The City Clerk advised of other PROCLAMATIONS issued during the month of January, 1988: VIRGINIA BEACH TWENTY-FIFTH ANNIVERSARY CELEBRATION January 1, 1988 VIRGINIA BFACH CENTRAL LIBPARY DAY January 17, 1988 - 9 - Item III-F.4. PRESENTATION ADD-ON ITEM # 28714 Mrs. Priscilla Beede and Ruth Johnson advised the ZONTA CLUB OF VIRGINIA BEACH-CHESAPEAKE ADOPTED a Community Service Project called the Z-House as a shelter for victims of family violence. An engraved plaque was presented to Mayor Robert G. Jones in behalf of his interest, support and legal expetise of the Z-House. - 10 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL January 25, 1988 7:00 P.M. Mayor Robert G. Jones called to order the FOR14AL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, Ja'.Iuary 25, 1988, at 7:00 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 E. Ray Cox, Sr. New Hope Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 11 - ADOPTION OF ITEMS Item III-D.l. ITFM # 28715 Councilman Baum referenced clarification of the proposed agricultural tour. This item will be ADDED under UNFINISHED BUSINESS. Item III-D.2. ITEM # 28716 Councilwoman McClanan referenced the Resolution providing for the Amendment of the Charter of the City of Virginia Beach, Virginia, by amending Section 2.02 to ADD a new subparagraph (h) to authorize the conservation and/or replacement of trees during land subdivision and development activities on private property. This item will be added under NEW BUSINESS. Item III-D-3- ITEM # 28717 Councilwoman Henley advised of the ADDITION to the AGENDA of APPOINTMENTS to the HISTORICAL REVIEW BOARD. Item III-D.4. ITEM # 28718 Councilman Moss advised of a RECONSIDERATION relative the WILLIAM E. WOOD Change of Zoning on November 10, 1975. This item will be ADDED 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. - 12 - Item III-E.1 MINUTES ITFM # 28719 Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of January 19, 1988. 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 Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None - 13 - Item III-G.l. PUBLIC HEARING ITEM # 28720 Mayor Robert G. Jones DECLARED a PUBLIC HEARING on: PRINCESS ANNE RECREATION CENTER SITE Site 1 Hunt Club Forest - forty eight acres located on the Southeast intersection of London Bridge Road and General Booth Boulevard. Site 2: Redmill - forty six acres located North of Painters Lane and South of Culver Lane. Site 3: Dunwoody - twenty three acres located at the end of Hubbell Drive (south side) off General Booth Boulevard and South of Dam Neck Road. Site 4: Red Wing Park - ninety acre City-owned Park. The following spoke in SUPPORT of the Hunt Club Forest Site: Jim Phelan, 2448 Hunt Neck's Trail Michael Ludwig, 2404 Hillsboro Quay, Phone: 468-5045 Sandra Tainter, 2140 Kenwood drive, Phone: 427-1929 Donald Dolence, 1113 Loveland Lane, Phone: 427-2392 Pat Boger, 2501 Hunts Neck Trail, Phone: 468-6744, represented Anita Collins of Lago Mar. There being no further speakers, Mayor Robert G. Jones CLOSED the PUBLIC HEARING 14 - Item III-F. PLANNING ITEM # 28721 Mayor Robert G. Jones DECLARED a PUBLIC HEARING on: PLANNING a. BERNIE WALKER CONDITIONAL USE PERMIT b. RONALD L. DINGWALL CONDITIONAL USE PERMIT c. OUIDA C. YOUNG CONDITIONAL USE PERMIT d. LEE A. GIFFORD CONDITIONAL USE PERMIT e. TEYACO REFINING AND MARKETING, INC. CONDITIONAL USE PERMIT f. GENE S. MEEKINS CONDITIONAL USE PERMIT g. JOHN W. AND PATRICIA A. FRENCH CONDITIONAL USE PERMIT h. J. J. O'KEEFE VARIANCE i. WHITEHURST ASSOCIATES VARIANCE j. OLD DONATION PARKWAY STREET CLOSURE k. ROBERT H. VENNER CONDITIONAL USE PERMIT 1. BOB M AND JANET B. MARTIN CHANGE OF ZONING m. REED ASSOCIATES CHANGE OF ZONING n. COMPREHENSIVE ZONING ORDINANCE Amend/B-5 Resort Commercial 1 5 Item III-H.l.a. PUBLIC HEARING PLANNING ITEM # 28722 Joanne Ackerman, Phone: 422-2470 (h) , 497-4829 (o) , and advised the applicant was in the process of negotiating the sale of the property and therefore requested WITHDRAWAL. Upon motion by Councilwoman McClanan, seconded by Vice Mayor Oberndorf, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of BERNIE WALKER for a Conditional Use Permit for a single-family residence. ORDINANCE UPON APPLICATION OF BERNIE WALKER FOR A CONDITIONAL USE PERMIT FOR A SINGLE-FAMILY RESIDENCE IN THE AG-1 DISTRICT Ordinance upon application of Bernie Walker for a Conditional Use Permit for a single-family residence in the AG-1 District on the east side of New Bridge Road, 2,059 feet south of Sandbridge Road. Said parcel is located at 3022 New Bridge Road and contains 16.71 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. 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 Voting Way: None Council Members Absent: None - 16 - Item III-H.l.b. PUBLIC HEARING PLANNING ITEM # 28723 Ronald L. Dingwall, 303 Atlantic Avenue, Phone: 428-2133, the applicant, represented himself, A MOTION was made by Councilwoman McClanan, seconded by Councilman Baum to DENY an Ordinance upon application of Ronald L. Dingwall for a Conditional Use Permit for a single-family lin in the AG-1 Agricultural District on Lot A-21, Princess Anne Hunt Club (2287 London Bridge Road, containing 5.474 acres (Princess Anne Borough). Upon SUBSTITUTE MOTION by Councilman Perry, seconded by Councilman Fentress, City Council DEFERRED an Ordinance upon application of RONALD L. DINGWALL for a Conditional Use Permit. OP,DINANCE UPON APPLICATION OF RONALD L. DINGWALL FOR A CONDITIONAL USE PERMIT FOR A SINGLE FAMILY DWELLING IN THE AG-1 AGRICULTURAL DISTRICT Ordinance upon application of Ronald L. Dingwall for a Conditional Use Permit for a single-family dwelling in the AG-1 Agricultural District on Lot A-21 Princess Anne Hunt Club. Said parcel is located at 2287 London Bridge Road and contains 5.474 acres. PRINCESS ANNE BOROUGH. This application was DEFERRED pending the City Attorney's advice concerning the previous litigation. Councilman Baum advised a farm was subdivided in such a way that no City Streets were required and ended up with private roads. Councilwoman McClanan requested specific information concerning the action of the City Council. As the City develops more of those sites, it is going to be an increasing problem. Councilwoman Henley advised if this use were not allowed, then the City was not allowing any use on this property thus rendering it unbuildable. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, 14ayor 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 - 17 - Item III-H.l.c. PUBLIC HEARING PLANNING ITEM # 28724 Albert Young, represented the applicant, his wife, Ouida C. Young Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council ADOPTED: ORDINANCE UPON APPLICATION OF OUIDA C. YOUNG FOR A CONDTTIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR FACILITY (AUTO UPHOLSTERY) R01881108 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Ouida C. Young for a Conditional Use Permit for an automobile repair facility (auto upholstery) on Lots 1-3, 6-9 and 23-28, Block 28, Euclid Place. Said parcel is located at 5040 Virginia Beach Boulevard. BAYSIDE BOROUGH. The following condition shall be required: 1 . No more than five (5) cars under repair shall be parked on the site. This total shall include cars parked both inside the bays and outside on the lot. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- fifth day of January Nineteen Hundred and Eighty-eight. Voting: 11-0 Council Niembers 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 Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 18 - Item III-H.l.d. PUBLIC HEARING ITEM # 28725 PLANNING Lee A. Gifford, the applicant, represented himself and advised his billboard was below 12 feet in height and directional in nature. Upon motion by Councilman Moss, seconded by Counciiman Heischober, City Council DEFERRED two (2) weeks until the City Council Meeting of February 8, 1988, an Ordinance upon application of LEE A. GIFFORD for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF LEE A. GIFFORD FOR A CONDITIONAL USE PERMIT FOR AN 81 X 81 BILLBOARD BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Lee A. Gifford for a Conditional Use Permit for an 8'x 81 billboard on the west side of South Military Highway, 200 feet more or less south of Indian River Road. Said parcel is located at 845 South Military Highway and contains 2.46 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Councilman Moss requested this DEFERRAL to enable the report from the City Staff relative the City's interpretation of the Billboard Ordinance and whether the City is treating all individuals equally. 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 Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 19 - Item III-H.l.e. PUBLIC HEARING PLANNING ITFIL # 28726 Upon motion by Councilwoman McClanan, seconded by Vice Mayor Oberndorf, City Council DEFERRED one week until the City Council Meeting of February 1, 1988, an Ordinance upon application of TEXACO REFINING AND MARKETING, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TEXACO REFINING AND MARKETING, INC. FOR A CONDITIONAL USE PERMIT Ordinance upon application of Texaco Refining and Marketing, Inc., for a Conditional Use Permit for a service station in conjunction with a convenience store and a car wash on certain property located at the southeast corner of Holland Road and Shipps Corner Road. Said parcel contains 39,640 square feet. 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. 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 Voting Nay: None Council Members Absent: None - 20 - Item III-H.l.f. PUBLIC HEARING PLANNING ITEM # 28727 Gene Meekins, Village Drive, Phone: 422-3201, the applicant, represented himself, and advised storage of boats on trailers is a service needed by the residents as boats can no longer be stored in a driveway or front yard. This facility would not be visible from the Street. Approximately 400 boats can be stored in this facility. Jim Morris, showed a plat depicting the Office Building. A MOTION was made by Councilman Balko, seconded by Councilman Moss to DENY an application of Gene S. Meekins for a Conditional Use Permit for a bulk storage .yard (boat and boat trailer storage) on the West side of Village Drive, 420.25 feet South of Laskin Road, containing 3.069 acres (Lynnhaven Borough). Upon SUBSTITUTE MOTION by Councilman Fentress, seconded by Councilman Perry, City Council DEFERRED for two weeks until the City Council Meeting of February 8, 1988 an Ordinance upon application of GENE S. MEEKINS for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF GENE S. MEEKINS FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE YARD Ordinance upon application of Gene S. Meekins for a Conditional Use Permit for a bulk storage yard (boat & boat trailer storage) on certain property located on the west side of Village Drive, 420.25 feet south of Laskin Road. Said parcel contains 3.069 acres. Plats with more detailed information are available in the Department of Planning LYNNHAVEN BOROUGH. Councilman Balko advised he had a problem with no cover wall on the horizontal side of the building. Councilman Balko was concerned relative no sides on the building. This DEFERRAL will enable renderings depicting the boat facility and its location on the applicant's property to be brought before City Council. - 21 - Item III-H.l.f. PUBLIC HEARING PLANNING IThll # 28727 (Continued) Voting: 7-4 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan and John L. Perry Council Members Voting Nay: Albert W. Balko, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None - 22 - Item III-H.l.g. PUBLIC HEARING PLANNING ITEM # 28728 Attorney Grover Wright represented the applicant and presented an architectural rendering of the application to City Council. Thirty (30) percent of the site will be covered by buildings. Approximately 38,000 square foot of building area. This will be a one-bay drive-thru car wash and occupy less than 10% of the building area on the site. The applicant is being required to construct Saber Street at his own expense. Attorney Wright requested the condition relative curb-cuts be eliminated and handled incident to subdivision and traffic engineering review of the site plan. Attorney Wright advised the Project Cost would be approximately $3-MILLION and the number of employees would be approximately 50. OPPOSITION: Jo Ryan, 3028 Bowling Green Drive, Phone: 340-0162, President of the Princess Anne Plaza Civic Lea.@ue, advised the greatest concern was Sabre Road. Sabre Road would result in a straight "shot" from South Lynnhaven Parkway to South Lynnhaven Road. The residents of the Carriage Hill section are becoming "grid-locked" as the Pembroke Mall/Independence area. Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of JOHN W. AND PATRICIA A. FRENCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF JOHN W. & PATRICIA A. FRENCH FOR A CONDITIONAL USE DERMIT FOR A CAR WASH R01881109 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VTRGTNIA BEACH, VIRGINIA Ordinance upon application of John W. & Patricia A. French for a Conditional Use Permit for a car wash on certain property located on the west side of Proposed Phoenix Drive, 490 feet more or less south of Guardian Lane Said parcel contains 3.25 acres. Plats with more detailed information are available in the Department of Planning. LYNT@IIAVEN BOROUGH. The following conditions shall be required: 1. The auto mall shall substantially adhere to the architectural rendering submitted to the Planning Department and labeled "Automall, U.S.A., J. Michael King - Jack French". Said plan shall be a part of the proceedings. 2. Category IV landscaping, in accordance with the proposed landscaping, screening and buffering specifications and standards, is required along the northern and western property lines. Other landscaping shall be based on the City's landscaping requirements. 3. No water or oil produced by activities on the zoning lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. - 23 - Item III-H.l.g. PUBLIC HEARING PLANNING ITEM # 28728 (Continued) 4. There shall be a ninimum of 3 (three) off-street parking spaces for each car wash space within the facility. 5. The owner shall agree not to develop any of the rest of the property until the street access to the area is determined by the City. 6. The issue relative the Sabre Street access shall be resolved between Attorney Wright, the applicant and City Staff. 7. If there is an impass between the City and the applicant, relative Sabre Road, the application will be returned to the City Council for final resolution. 8. Further conditions may be required during the administration of applicable City ordinances. 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 Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 0 C3 CE ----- ----- - --- 15: czi cm 3AIU(I H@GVS I I I I t) i - i 4 . I Z = i i . I - 24 - Item III-H.l.h. PUBLIC HEARING ITEM # 28729 PLANNING W. B. Meredith II, 1920 Lynn Cove Lane, Phone: 481-3313, represented the applicant. Said reservatioti shall be 60-foot rather than 66-foot. The Engineers will develop the subdivision plat in such a way, subject to the approval of the engineering staff, so that at some later date, this Northwest Loop is installed, provisions will be made for the City to acquire said piece of property. W. B. Meredith requested a 3-year Option Period for the City to purchase this land. If the City does elect to iDurchase said land and install the Northwest Loop, he would also request ihat any cul-de-sac that has been installed on this land be reinstated to the property owners who now are dedicating that portion as a cul-de-sac. Donald Trueblood, City Engineer, advised it may be in three-years the City might decide to acquire the alignment from Mr. Meredith even though the City might not be in a position to build the road at that time. The City Staff enclosed in City Council's agenda a map indicating the alternate alignments for the northwest quadrant of the Hilltop Loop. There are three City alignments proposed. Of these alj-gnments, either two or three is recommended. The City Staff recommends a 60-foot right-of-way be obtained from Mr. Meredith (Said information is hereby made a part of the record). Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council APPROVED the application of J. J. O'KEEFE for an appeal from Decisions of Administrative Officers. Appeal fron Decisions of Admini-strative Officers in regard to certain elements for the Subdivision Ordinance, Subdivis4-on for J. J. O'Keefe. Property is located at 800 Laskin Road. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGII. The following conditions shall be required: 1. Reservation of Right-of-way for the Hilltop Loop System, a 60-foot right-of-way, in accordance with the Master Street and Highway Plan. 2. Alignment of right-of-way shall be determined by the City Engineer. 3. Terms of the Agreement encompassing a plat depicting what property will be acquired by the City with a three-year option shall be developed by W. B. Meredith, II, the applicant and the City Attorney. Voting: 9-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: Barbara M. Henley and Vice llayor Meyera E. Oberndorf Council Members Absent: None - 25 - Item III-H.l.i. PUBLIC HEARING ITEM # 28730 PLANNING Attorney Allen Gordon, also Partner in lfhitehurst Associates, represented the applicant and advised in lieu of a land reservation or dedication, there is to be made to the City a payment of $17,500 cash. This is recommended by City Staff. Attorney Gordon advised this parcel was composed of .5 acres. Robert Scott, Director of Planning, advised this parcel consisted of .66 acres rather than the .78 acres stated in the Agenda. Upon motion by Councilman Moss, seconded by Councilwoman McClanan, City Council DENIED the application of WHITEHURST ASSOCIATES for a Variance to Section 4.5(a) of the Subdivision Ordinance which requires land to be set aside for open space and recreational purposes to residential developments. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Whitehurst Associates, a Virginia Partnership. Said property is located on the west side of 14hitehurst Landing Road, 230 feet south of Jeffreys Lane. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Voti,ig: 10-1 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 Mayor Meyera E. Oberndarf and Nancy K. Parker Council Members Voting i@ay: John L. Perry Council Members Absent: None - 26 - Item III-H.l.i- PUBLIC HEARING PLANNING ITF14 # 28731 Attorney Robert G. Byrum, 2145 Old Greenbrier, represented the applicant and distributed a copy of an Ordinance declaring certain property for OLD DONATION PARKWAY EXCESS and authorizing the City Manager to dispose of same. This Ordinance was ADOPTED by City Council on June 23, 1986. (Said copy is hereby made a part of the record.) Attorney Byrum further advised the Viewers were looking at the wrong piece of property. This parcel shall remain in its natural state. There is no plan for development. Ken Reid, the applicant, represented himself, and advised this parcel could have no bearing on any public access as there is no ingress/egress to this area. There is no public use of this as there is not enough water to swim, fish or boat. At low tide most of the time this area is a mud flat. Robert Templeton, Little Lake, represented the Inlynnview Civic League, and spoke in support of the application The City Clerk referenced a Letter from Inlynnview Civic League, Inc., Post Office Box 4352, dated January 25, 1988, in support of said application. (Said letter is hereby made a part of the record) OPPOSITION: Attorney Grover Wright, represented Ernest Consolvo, the original developer. Ernest Consolvo was required to dedicate the aforementioned property as a condition to the subdivision plat of this area. The City Policy on June 23, 1986,declared OLD DONATION PARKWAY, the undeveloped portions, as surplus, and directed the City Manager to dispose of them in accordance with law and in a way that was also in the best interest of the City. Ernest Consolvo has been requesting the City to return his property to him and does not feel it equitable for the City to in effect, give the property he dedicated to someone else, if the City does not expect to utilize same. A portion of this peninsula is in City ownership as a part of the City's recreational parcel. Upon motion by Councilman Balko, seconded by Councilman Heischober, City Councii DENIED an Ordinance upon application of KENNETH D. AND EVELYN REID for the discontinuance, closure and abandonment of a portion of Old Donation Parkway. Ordinance upon application of Kenneth D. & Evelyn Reid for the discontinuance, closure and abandonment of a portion of Old Donation Parkway beginning at a point 980 feet more or less west of North Inlynnview Road and running in a westerly direction a distance of 353 feet more or less. Said parcel is variable in width and contains 1.45 acres more or less. LYNNHAVEIQ BOROUGH. - 27 - Item ITI-H.l.j. PUBLIC HEARTNG PLANNING ITM # 28731 (Continued) 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 Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 28 - Item III-H.l.k. PUBLIC HFARING PLANNING ITE@4 # 28732 Robert H. Venner, 415 #306 Harbour Point, represented himself, the applicant and requested WITHDRAWAL The City Clerk referenced a letter dated January 20, 1988, from Robert H. Venner, requesting WITHDRAWAL of the application. (Said letter is hereby made a part of the record.) Attorney Grover Wright representing the OPPOSITION, did not OPPOSE the WITHDRAWAL Upon motion by Councilwoman McClanan, seconded by Vice Mayor Oberndorf, City Council ALLOWFD WITHDRAWAL of an Ordinance upon application of ROBERT H. VENNER for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF ROBERT H. VENNER FOR A CONDITIONAL USE PERMIT FOR A HECREATTONAL FACILTTY OF AN OUTDOOR NATURE Ordinance upon application of Robert H. Venner for a Conditional Use Permit for a recreational facility of an outdoor nature on the north side of Princess Anne Hoad, 150 feet more or less east of Holland Road. Said parcel is located at 2368 Princess Anne Road and contains 17.640 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. 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 @lembers Voting Nay: None Council Members Absent: None - 29 - Item III-H.1.1. PUBLIC HEARING ITEM # 28733 PLANNING Attorney Phil M. Bonifant, represented the applicant and requested DEFERRAL for thirty (30) days to allow for conferring with the Planning Department relative new conditions. Upon motion by Councilman Fentress, seconded by Councilman Heischober, City Council DENIED an Ordinance upon application of BOB M. AND JANET B. MARTIN for a Change of Zoning: ORDINANCE UPON APPLICATION OF BOB M. AND JANET B. MARTTN FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-1 TO R-3 Ordinance upon application of Bob M. & Janet B. Martin for a Change of Zoning District Classification from R-1 Residential District to R-3 Residential District on Site 58 and Parts of Sites 57 & 59, Linkhorn Park. Said parcel is located at 320 Bay Colony Drive and contains 3.18 acres. VIRGINIA BEACH BOROUGH. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, 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: Barbara M. Henley Council Members Absent: None - 30 - Item III-H.l.m.(a.) PUBLIC HEARING ITEM # 28734 PLANNING Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council VOTED TO HFAR at tonight's City Council Meeting (January 25, 1988), the Ordinance upon application of REED ASSOCIATES for a Change of Zoning Distict: ORDINANCE UPON APPLICATION OF REED ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATTON FROM R-4 TO R-6 Ordinance upon application of Reed Associates for a Change of Zoning District Classification from R-4 Residential District to R-6 Residential District on the following parcels: Parcel 1: Beginning at a point 109.65 feet south of the southern terminus of Old Reedtown Road. Parcel contains 1.399 acres. Parcel 2: Located on the south side of Old Reedtown Road at the intersection with Reedtown Road. Parcel contains 1.679 acres Parcel 3: Located on the west side of Reedtown Road beginnin@ at a point 276.16 feet south of Sir Johns Lane. Parcel contains 1.845 acres. Parcel 4: Located at the northwest corner of Sir Johns Lane and Reedtown Road. Parcel contains 1.437 acres. Parcel 5: Located at the northeastern extremity of Reedtown Road. Parcel contains 32,582.88 square feet. Said parcels contain 7.108 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. Voting: 9-2 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Ilancy K. Parker Council Members Voting Nay: John A. Baum and John L. Perry Council Members Absent: None - 31 - Item Il-H.l.m.(b.) PUBLIC HFARING ITEM # 28734 (Continued) PLANNING The following spoke in OPPOSITION: Carl @l. Monroe, 1205 Captain Adams Court, Phone: 460-1470, President of the Thoroughgood Colony Civic League advised to add additional homes would instill an extra burden on the already restricted tral@fic pattern. A. S. Poole, 4504 Bexley Circle, Phone: 46o-526o, advised his property was adjacent to Reedtown. Anne Denny, 4356 North Witchduck Road, Phone: 499-8891, President of the Witchduck C4-vic League, presented a petition conta@-ning over 400 signatures in Opposition. Mary E. Smith, 1164. Independence Boulevard, Phone: 460-5928, represented the Reedtown Civic League June Myers, 4012 Richardson Road, Phone: 464-2835, represented self Lynn Carruth, Community Development and Housing, advised the lots in Reedtown can conform to present zoning with the road system being constructed; however, tliere is a situation where there are some land-locked parcels, but the Community Development is currently looking at some site plans and are fairly confident they will devise a layout that will allow proper access. Lynn Carruth feels fairly comfortable they will be able to provide the existing residents with the necessary housing improvemerits. A MOTION was made by Councilman Perrv to DEFER tlie Ordinance upon application of REED ASSOCIATES for a Change of Zoning District Classification from R-4 Residential District to R-6 Residential District, containing 7.108 acres, (Bayside Borough). This MOTION failed for a lacl- of a second. Upon motion by Councilman Heischober, seconded by CouncilTqan Moss, City Council DENIED an Ordinance upon application of REED ASSOCIATES for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF REED ASSOCIATES FOR A CHANGE OF ZOI\TING DISTRICT CLASSIFICATION FROM R-4 TO R-6 Ordinance upon application of Reed Associates for a Change of Zoninr, District Classi@lication from R-4 Residential District to R-6 Residential District on the following parcels: Parcel 1:. Beginning at a point 109.65 feet south of the southern terminus of Old Reedtoirn Road. Parcel contains 1.399 acres. P@ireel 2: Located on the south side of Old Reedtown Road at the intersection with Reedtoifn Road. Parcel contains 1.679 acres. Parcel 3: Located on the wes-@ side of Reedl,own Road beginning at a point 276.16 feet south of Sir Johns Lane. Parcel contains 1.845 acres. Parcel 4: Located at the northwest corner of Sir Johns Lane and @eedtown Road. Parcel contains 1.437 acres. Parcel 5: Located at the northeastern extremity of Reedtown i@oad. Parcel contains 32,582.88 square feet. Said parcels contain 7.108 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. - 32 - Item II-H.l.m.(b.) PUBLIC HEARING ITE14 74T 28734 (Continued) PLANNING Voting: 10-1 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 Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: John L. Perry Council Members Absent: None - 33 - Item III-H.l.n. PUBLIC HKARING ITE14 l@@ 28735 PLANNING Kal Kassir, 2009 Alphine Road, reidresented the Virginia Beach Restaurant Association and spoke in support o@ the application Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Ordinance to AMEND and REORDAIN Article 9, Section 944.1 of the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, pertaining to Sign Regulations in the B-5 Resort Commercial District. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, lIarold Heischober, Barbara ili. Herley, Mayor Robert G. Jones, iieba 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 This Ordinance repeals paragraph (d) but does not replace same. -33a- 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 944.1 OF THE COMPREHENSIVE 3 ZONING ORDINANCE OF THE CITY OF 4 VIRGINIA BEACH, VIRGINIA, PERTAINING 5 TO SIGN REGULATIONS IN THE B-5 RESORT 6 COMMERCIAL DISTRICT 7 8 WHEREAS, the B-5 Resort Commercial District comprises a 9 substantial and central portion of the City's resort area; and 10 WHEREAS, the resort area is a unique and invaluable asset to 11 the City and to the City's residents as a place offering a 12 variety of recreational activities and as a center of tourism 13 generating substantial revenue to promote the general welfare of 14 the City and its residents; and 15 WHEREAS, the revitalization of the resort area and its 16 continued viability as a center of tourism and recreation will be 17 promoted by enhancing the aesthetic qualities of the resort area; 18 and 19 WHEREAS, the number, size, design and other characteristics 20 of signs in the B-5 Resort Commercial District have a significant 21 impact upon the attractiveness of the resort area to tourists and 22 residents of the City; 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 24 CITY OF VIRGINIA BEACH, VIRGINIA: 25 That Section 944.1 of the Comprehensive Zoning Ordinance of 26 the City of Virginia Beach, Virginia, pertaining to sign 27 regulations, is hereby added to read as follows: 28 Section 944.1. Sign regulations. 29 (a) The B-5 Resort Commercial District is hereby declared a 30 special sign district, in which the following regulations shall 31 apply. The provisions of this section shall be in addition to, 32 and not in lieu of, any other ordinance or regulation pertaining 33 to signs, and to the extent that any provision of this section 34 conflicts with any other ordinance or regulation, the provision 35 of this section shall control. 36 (b) Within the B-5 Resort Commercial District, no sign 37 shall: 38 (1) Contain any commercial matter other than the name of 39 the establishment and not more than two words designating 40 the type of establishment advertised thereby; 41 (2) Contain, consist of, be illuminated by, or be attached 42 or connected to any moving, flashing, blinking, alternating 43 or pulsating lights or lights changing in intensity, except 44 lights indicating the temperature or time of day in 45 alternating cycles of not less than five seconds; 46 (3) Be permitted to remain in a state of disrepair or 47 deterioration for any period of time longer than is 48 necessary to effect the repair or restoration of such sign. 49 For purposes of this section, the terms "disrepair" and 50 "deterioration" shall include, but not be limited to, the 51 chipping, cracking, peeling or excessive fading of paint or 52 other coloration, and damage to the advertising face or 53 other component of any sign. 54 (c) No sign located on or in any window, or located behind 55 any window in such manner as to attract the attention of persons 56 outside of the establishment, shall have a surface area greater 57 than twenty percent (20%) of the surface area of such window, 58 not to exceed sixteen (16) square feet. 59 f dt--@v- 60 representations- -1- -pe r-ift i t- teel r - j- -t*&t- - t h e 61 c emb -i n@- -.s u r i a ce - 62 representations- -twenty-@ 63 @f- - a n - *s+ -@4+-square 64 feetT-whichever-i:s-lessT 65 (e) For each forty (40) feet of frontage, and for each 66 eighty (80) feet of lot line adjoining a street but not 67 constituting frontage, not more than one sign and not more than a 68 total of sixteen (16) square feet of surface area of signage 69 shall be permitted; provided, however, that no establishment 70 shall have more than two (2) signs of which one may be a free- 71 standing sign; and provided further, that no establishment having 72 a frontage of less than one hundred (100) feet shall have a free- 2 73 standing sign. No free-standing sign shall exceed two (2) faces, 74 neither of which shall exceed thirty-two (32) square feet of 75 surface area, and no sign of any other type shall exceed seventy- 76 five (75) square feet of surface area. Any establishment having 77 less frontage or lot line adjoining a street than is required 78 hereinabove may have one (1) sign not exceeding sixteen (16) 79 square feet of surface area. 80 (f) Sign regulations pertaining to multiple-family 81 dwellings shall be the same as those applying in the A-1 82 Apartment District. 83 (g) Where there is an established neighborhood commercial 84 center containing at least five (5) establishments and at least 85 forty thousand (40,000) square feet of land area, there shall be 86 not more than one (1) center identification sign for each 87 principal entrance. No such sign shall have more than two (2) 88 faces, neither of which shall exceed thirty-two (32) square feet 89 of surface area. Such center identification sign shall contain 90 only the name of the center. 91 (h) Signs advertising property for sale, lease or rent 92 shall be permitted; provided, however, that no such sign shall 93 exceed sixteen (16) square feet in surface area. Not more than 94 two (2) signs shall be permitted for any property having more 95 than one hundred (100) feet of lot line at the street right-of- 96 way, and any property having less than one hundred feet of such 97 lot line shall have no more than one sign not exceeding sixteen 98 (16) feet of surface area. 99 (i) Beacon lights or search lights may be permitted for 100 purposes of advertisement of special events for a period not in 101 excess of forty-eight (48) hours. 102 (i) To facilitate occupancy in a new neighborhood 103 conlmercial center containing at least forty thousand (40,000) 104 square feet of land area, there shall be not more than one (1) 105 temporary sign, which shall not exceed thirty-two (32) square 106 feet of surface area. Such sign shall be removed when seventy 3 107 percent (70%) of the property is occupied or leased or after a 108 period of twenty-four (24) months, whichever event first occurs. 109 (k) The provisions of this section shall not apply to 110 hotels and motels within the B-5 Resort Commercial District. 111 Sign regulations pertaining to hotels and motels shall be as 112 apply in the H-2 Resort Hotel District. 113 (1) The provisions of this section shall be deemed to be 114 severable, and if any of the provisions hereof be adjudged to be 115 invalid or unenforceable, the remainder of this section shall 116 remain in full force and effect and its validity shall remain 117 unimpaired. 118 Adopted this 25 day of January 1988, by the 119 120 Council of the City of Virginia Beach, Virginia. 121 122 123 WMM/dga 124 01/28/88 125 CA-02460 126 4 - 34 - Item TTT-I.l.(a) RESOLUTIONS ITEM # 28736 Upon motion by Counc4-lwoman McClanan, seconded by Councilman Baum, Cit,, Council AGREED TO VOTE on the QUESTION: Resolution authorizing consideration of four siles (Exhibit A) for Recreation Facilities in the Southeastern Part of the City for the Princess Anne Recrea-lional Center. Voting: 8-3 Council Members Voting A@,e: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, i'layor Robert G. Jones, Reba S. McClanan, Vice Mayor Meyera E. Oberndorf and Jolin L. Perry Council l@iembers Voting Nay: Barbara M. Henley, John D. Moss and Nancy K. Parker Council Members Absent: 17one - 35 - Item III-I.l.(b) RESOLUTIONS ITE4 # 28736 (Continued) Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City Council ADOPTED, AS AMENDED: Resolution authorizing the selection of the Hunt Club Forest site for Recreation Facilities in the Southeastern Part of the City for the Princess Anne Recreational Center; and, authorizing the City Manager to submit a financial plan for the acquisition of this site. If the financial plan for this particular s-@@te is unacceptable, the Ci-ty Manager shall prepare a resolution and the City Council shall select another site for negotiating and financial planning. Voting: 8-3 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, llarold Heischober, Mayor Robert G. Jones, Reba S. McClanan, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: Barbara M. Henley, John D. Moss and Nancy K. Parker Council Menbers Absent: None 1 RESOLUTION 2 3 4 WHEREAS, the City Council determined it would be 5 necessary and expedient for the city of Virginia Beach to expand 6 its recreational facilities in the southeastern part of the City; 7 WHEREAS, City Council has identified for CIP purposes 8 school site, recreational facilities, fire station, and a library 9 for this area of the City; 10 WHEREAS, four (4) sites have been identified in the 11 southeastern part of the City to establish one or more of the 12 above-listed CIP facilities. 13 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 14 CITY OF VIRGINIA BEACH, VIRGINIA: 15 That City Council, after review and discussion of the 16 four (4) sites (Exhibit A), has determined that the Hunt Club 17 Forest site as being appropriate for one or more of the above- 18 listed CIP facilities. 19 BE IT FURTHER RESOLVED that the City Manager is 20 directed to initiate negotiations with property owner(s) for said 21 site and is hereby further directed to develop a plan of financ- 22 ing for the purchase of said site. 23 BE IT FURTHER RESOLVED that the City Manager is 24 directed to submit results of his financial recommendation as 25 soon as possible to City Council for its action. 26 BE IT FURTHER RESOLVED that if the financial plan for 27 the sites identified above presented to City Council is 28 unacceptable, the City Manager shall prepare a resolution and the 29 City Council shall select another site for negotiating and 30 financial planning. The City Manager shall present the results 31 of its negotiations and a financing plan for the second site as 32 soon as possible for action by the City Council. 3 3 3 3 34 Adopted by the Council of the City of Virginia Beach, 35 Virginia, on the 25 day of January 1988. 36 37 JDB/cb 38 I/ 20/ 88 39 1/21/88 40 Recsite.res 41 CA-2560 EXHIBIT A Dunwoody Hunt Club Red Mill Red Wing Park - 36 - Item III-J. CONSENT AGENDA ITEM # 28737 Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council APPROVED in ONE MOTION Items 1, 2, 3 and 4 of the CONSENT AGENDA. 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 Mayor Meyera E. Oberridorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 37 - Item III-J.1. CONSENT AGENDA ITEM # 28738 Upon motion by Councilman Moss, seconded by Cuncilman Fentress, City Council ADOPTED: Ordinance to authorize acquisition of property in fee simple for right-of-way for Ferrell Parkway Phase I-C AND the acquisition of temporary and permanent easements of right of way, either by agreement or condemnation. 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 Mayor Meyera, E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 37a - 1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF 2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR 3 FERRELL PARKWAY PHASE I-C AND THE ACQUISITION 4 OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT 5 OF WAY, EITHER BY AGREEMENT OR CONDEMNATION 6 7 WHEREAS, in the opinion of the Council of the City of 8 Virginia Beach, Virginia, a public necessity exists for the 9 construction of this important roadway to provide transportation 10 and for other public purposes for the preservation of the safety, 11 health, peace, good order, comfort, convenience, and for the 12 welfare of the people in the City of Virginia Beach: 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 Section 1. That the City Attorney is hereby authorized and 16 directed to acquire by purchase or condemnation pursuant to 17 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1- 18 89, et seq., Code of Virginia of 1950, as amended, all that 19 certain real property in fee simple, including temporary and 20 permanent easements of right of way as shown on the plans 21 entitled "FERRELL PARKWAY PHASE I-C," these plans being on file 22 in the office of Real Estate Department of Public Works, Virginia 23 Beach, Virginia. 24 Section 2. That the City Attorney is hereby authorized to 25 make our caused to be made on behalf of the City of Virginia 26 Beach, to the extent that funds are available, a reasonable offer 27 to the owners or persons having an interest in said lands, if 28 refused, the City Attorney is hereby authorized to institute 29 proceedings to condemn said property. 30 That an emergency is hereby declared to exist and this 31 ordinance shall be in force and effect from the date of its 32 adoption. - 37b - 33 Adopted by the council of the City of Virginia Beach, 34 Virginia, on the 25 day of -,fanuary 19 88 35 36 37 38 39 40 41 42 43 44 45 JAR/ih 46 \ordin\noncode\ferrell.ord ONIENTS E T APPROVED AS TO LEGAL RM NEY - 38 - Item III-J.2. CONSENT AGENDA ITEM # 28739 Upon motion by Councilman Moss, seconded by Councilman Fentress, City Coucnil ADOPTED upon SECOND READING: Ordinance to ACCEPT and APPROPRIATE $30,6oo in revenue from the operation of a Day Camp Program for children of Municipal Employees to support program operations. 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 Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE TO APPROPRIATE $30,600 IN REVENUE FROM THE OPERATION OF A DAY CAMP PROGRAM FOR CHILDREN OF MUNICIPAL EMPLOYERS TO SUPPORT PROGRAM OPERATIONS WHEREAS, a pilot Day Camp program was operated in the summer of 1987, open only to the children of municipal employees, and WHEREAS, it is felt that there is sufficient interest by the employees of the city to provide this program as an additional benefit, and to make it self- supporting, and WHERF.AS, the program will operate at two sites and be staffed by six temporary recreation employees (1.3 FTE's), and WHEREAS, the total program cost will not exceed $30,600 and will be offset fully by revenue generated from a participant fee or direct charge for activity. NOW THERE FOR BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that a day camp program, opened only to the children of municipal employees, be operated by the Department of Parks and Recreation for the summer of 1988, and BE IT FURTHER ORDAINED, that the $30,600 in funds generated through operation of the program be appropriated and used to offset fully the costs of operating the program and that no additional city funds will be required. This Ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the January 25 day of 190, FIRST READING January SECOND RFADING January 25. 1988 D'PAi'TMENT AS T@EGAL m CSR/5 DAYCAMP.88 CJTY ATTO@NEY - 39 - Item III-J-3- CONSENT AGENDA ITFIA # 28740 Upon motion by Councilman Moss, seconded by Councilman Fentress, City Couenil APPROVED: LOW BID to Utility Builders, Inc. in the amount of $363,303-15 for Trantwood Shores - 51% Type CIP 5- 008 for water and sewer Operating Revenue Capital Project fund. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Hobert 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 - 40 - Item III-J.4 CONSENT AGENDA ITEM # 28741 Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council APPROVED: RAFFLE PERMIT Virginia Beach Indeperidence Lions Club 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 Mayor Meyera E. Oberndorf, Nancy K. Parker ald John L. Perry Council Members Voting Nay: None Council Members Absent: None - 41 - Item III-K.l. APPOINTMENTS ITEM # 28742 ADD-ON Upon NOMINATION by Councilwoman Henley, City Council APPOINTED to the HISTORICAL REVIEW BOARD: Thomas L. Ackiss Bartow H. Bridges (for two-year terms from 1/1/88 to 10/31/89) 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 Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 42 - Item III-K.2. UNFINISHED BUSINESS ITEM /@ 28743 Upon motion by Goiincilwoman McClanan, seconded by Councilman !4oss, City Council ADOPTED: Resolution Providing for the Amendment of the Charter of the City of Virginia Beach, Virginia, Bv Amending Section 2.02 to Add a Ilew Subparagraph (h) to Authorize the Conservation and/or Replacement of Trees during Land Subdivison and Development Activities on Private Property. Voting: 11-0 Council I-lembers Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John 1). Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council l,lembers Voting Nay: None Council Members Absent: None 42a - 2 3 RESOLUTION PROVIDING FOR THE AMENDMENT OF THE 4 CHARTER OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, BY AMENDING SECTION 2.02 TO ADD A 6 NEW SUBPARAGRAPH (h) TO AUTHORIZE THE 7 CONSERVATION AND/OR REPLACEMENT OF TREES 8 DURING LAND SUBDIVISION AND DEVELOPMENT 9 ACTIVITIES ON PRIVATE PROPERTY 10 11 12 WHEREAS, it has been determined that trees provide soil 13 erosion control and storm water retention, oxygen replenishment, 14 maintenance of clean air standards, shade and physical beauty 15 that a major resort must maintain as part of its economic and 16 development efforts; and 17 WHEREAS, in order to preserve, protect and enhance one 18 of the community's most valuable resources and to protect the 19 health and welfare of its citizens it is necessary that the City 20 of Virginia Beach be granted the power to establish by ordinance 21 reasonable rules and regulations for the conservation and/or 22 replacement of trees during land subdivision and development 23 activities on private property. 24 WHEREAS, House Bill 127 presently proposes to 25 authorize an amendment to the City's Charter to grant the City 26 the power to establish by ordinance reasonable standards and 27 regulations for the conservation and/or replacement of trees 28 during land subdivision and development activities; and 29 WHEREAS, in order to more clearly define the 30 circumstances in which the removal of trees may be regulated 31 and/or protected, the following substitute proposal is hereby 32 made. 33 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 34 BEACH, VIRGINIA THAT: 35 1. It is hereby determined to be in the best interest 36 of the City to request the General Assembly of Virginia to amend 37 Section 2.02 of the City's Charter to provide for the 38 conservation and/or replacement of trees during land subdivision 39 and development activities on private property by adding a new 40 subparagraph (h) as follows: 41 (h) Tree Conservation and/or Replacement. After 42 determination that trees provide soil erosion control and storm - 42b - 42 water retention, oxygen replenishment, maintenance of clean air 43 standards, shade and physical beauty that a major resort must 44 maintain as a part of its economic and development efforts, and 45 in order to preserve, protect and enhance one of the community's 46 most valuable resources and to protect the health and welfare of 47 its citizens, the City shall have the power to establish by 48 ordinance7-ptirstiant-te-1571-ef-the--eede-ef--virgin+aT reasonable 49 standards, rules and regulations for the conservation and/or the 50 replacement of trees during land subdivision and development 51 activities on private property in the City of Virginia Beach. 52 Any such ordinance, rules and regulations shall exempt 53 the following: 54 (1) Any agriculturally zoned parcel, bona fide 55 farming, forestry, or commercial tree farming operation. 56 (2) Planting and harvesting forest crops. 57 (3) Tree removal by individual homeowners after the 58 subdivision and development process has been completed. 59 (4) Emergency removal of any trees or limbs to protect 60 life or property. 61 BE IT FURTHER RESOLVED that the City Clerk is directed 62 to forward a copy of this resolution to each member of the 63 General Assembly representing the City of Virginia Beach, 64 Virginia. 65 Adopted by the Council of the City of Virginia Beach on 66 the 25 day of January 1988. 67 68 69 70 CJS/awj 71 1/20/88 72 1/21/88 73 NONCODt\Tree3.Res 74 2 - 43 - Item III-K.3. UliFINISHED BUSINESS ITEM # 28744 ADD-ON Councilnian Baum referenced information from the City Manager relative THE PROPOSED PLAN OF ACTION TO OTHER JURISDICTIONS ON PROTECTION FARMLAND. Councilman Baum believed same to be sell--exDlanatory. This does not adversely affecl the TRANSFER OF DEVELOPMFNT RIGHTS I Study. This is a device utilized b,, the Soil Conservation Service and the Extension Service in attempting to get farm leaders to acquire training to assist in training others. Dick Cockrell and Norris Shirley have offered -@o pay their own way. Upon motion by Councilman Baum, seconded by Councilwoman Henley, City Council APPROVED the "Plan of Action" and ENDORSR-D the training of the farming representatives relative options to manage and preserve agriculture. This would merge the two activites and the City Staff would have a clear direction of moving ahead in preparing the Rrp,s for TRANSFER OF DEVELOPMENT RIGHTS. Voting: 11-0 Council Members Voting Aye: Albert W. Bg,lko, John A. Baum, aobert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice 14ayor Meyera E. Oberndorf, @Tancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 44 - Item III-L.l. RESOLUTION ITEM # 28745 Upon motion by Councilwoman McClanan, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Resolution requesting the General Assembly to AMEND Section 15.1-491(a) of the Code of Virginia so as to include the City of Virginia Beach among those counties, cities and towns which may utilize the written proffer process (Conditional Zoning) as provided therein. Voting: 11-0 Council Members Vot4lng 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 Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 44a - 1 A RESOLUTION REQUESTING THE GENERAL 1 ASSEMBLY TO AMEND SECTION 15.1-491 2 (a) OF THE CODE OF VIRGINIA SO AS 3 TO INCLUDE THE CITY OF VIRGINIA 4 BEACH AMONG THOSE COUNTIES, CITIES 5 AND TOWNS WHICH 14AY UTILIZE THE 6 WRITTEN PROFFER PROCESS AS PROVIDED 7 THEREIN 8 9 10 WHEREAS, Section 15.1-491 (a) of the Code of Virginia 11 provides that certain counties, cities and towns in the 12 Commonwealth may accept written proffers of reasonable 13 conditions in connection with rezoning considerations; and 14 WHEREAS, currently, the City of Virginia Beach is not 15 one of the localities in the Commonwealth which can utilize the 16 proffer process as provided in Section 15.1-491 (a); and 17 WHEREAS, the City Council of the City of Virginia Beach 18 is of the opinion that if Section 15.1-491 (a) of the Code of 19 Virginia is amended so as to include the City of Virginia Beach 20 among those localities which can utilize the proffer process 21 provided therein, the availability of such zoning tool would 22 enhance the efforts of the City Council to provide for a safe, 23 attractive and convenient community for its citizens. 24 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 25 CITY OF VIRGINIA BEACH, VIRGINIA: 26 That the General Assembly of Virginia is hereby 27 requested to amend Section 15.1-491 (a) of the Code of Virginia 28 so as to provide that the procedure for proffering of conditions 29 as authorized therein shall be available to the City of Virginia 30 Beach or, in the alternative, cities having populations in excess 31 of 250,000 according to the 1980 census. 32 33 Adopted by the Council of the City of Virginia Beach, 34 Virginia, on this 25 day of January 1988. 35 GLF/epm 36 0 1/20/88 37 CA-02 38 /Ordin/Proposed/15-1-491a.res 15.1-490 (@OUNI'IES, Cl'l'lL'S AND TOWNS SS 15.1-491 . R ... o@,, 224 V@. 12, -'94 S.b;.2d 1. m@ki.,g it, d@t@i,i-- - t. h..@ 799 (1982). .1@p@,l di.@@,i,,@d, 45i) U.S 1166. ti..@ i. ,@id..Li@ll .,L.,, . i,@g,,I.tiv@ body 10@3 S (@'L@ 609, 74 I,, Ld. 2,1 1009 (1983). p@.p,@,ly .@.y @on@id@, th, .@@,,SiLy Of keeping Z..i.g .@ t. h..e .@..ptio.@ i@@ r@.i- t@@, C d@t@,bing Wh@,@ ii,@. q-@,ti ... i, th@i oi@ p.,,.it ,@d @iLl, q@iL@L L. wt,@,t I,ild-p[L@@ Ai,. ill z@ @l- i,@@ ti,,: p ... ibi. ,l ,,,y @@@'y L. Cit) difil. ,f fli ...... . 22it V@,. 12, 2@)l S.E.2d "2,1 Vi,. I'-', 2@)-l 'if,9 L) S I Itit; 2d "t)9 119h2), "d 1009 ltj8J,@ [IE;6. I(J:iS. Ct 609,7-1 l@ L"d ",l IU09 io:3 S. t;t ho,). 7@l l@. Ld - SS 15.1-490. Alatters to be considered iii drawing alid apl)lying zoning ordinances and districts. - Zuning oi@dininces and districts shall be drawn ,tiid upplied with r@asollablc consideration fol- the existing use aiid chLAracter of' pi.operty, the c,)niprcthelisive plan, the suitability of' property for various uses, tlie trends of gi-owtii oi- chaiige, the curreiit and futui-e i-equirements of@ the coiniiiiiiiity as io land i@or various pui-posc,, @is deteriiiiiied b), p,)Puliitic)n @llid t@'colloil)ic @kliii ottici- ;Ludi(!s, tlie ti-aiisi),@i-tation i-equii-eiii(!nts of Lh(i --oniii@aii@ty, aii(I tlil- re(juii-eiiieiits l@oi- hOLI.@illg, @CIIUUI,,;, put-ks, play- gi-,,tind.,, i-t@j-eatioii ai-eas, atid othei- public 6eivices; the const!rv@Ltion ot ii,itul-i@l i-,sources; aiid I)i-esei-vation of flood pliiins; tof- the pi-eset'vation (jl @igi,icultui-al @iiid forestal latid; art(i t'ol, ttle cc)iisei-vation ol'prol)ertie@ aiid theii- valuL., and tlie encoui-ageilleill of@ the iiiost appropi-iate use. ()t@iiiiid throughout the couiily oi, mullicipality. ((@(,d,@ 1950, SS 15-821; Code 1950 (Suppl.), SS 15-968.4; 1962, c. 407; 1966, c. '@i44, i974, c. 526; 197S, c. 279; 1981, c. 418; 1983, c. 530.) 'I'h@ 1983 ..,i@,@d .... !@t@. -- 'ri,@ t-@,,t 1983 @l@pli@d" th@ bgi,@.i.g ,t@ th. @ctioli, d@l,tL-d "tl,, I..d U.@ pli.,,, .,,d 1,1,,wd @,d.pL@d" i@@g "th@ c .... pli ... 'I'll@ "@."d 1983 ...... t il@.,,Lld "l,@d @ 15.1-491. PermitLed provisions in ordinances; amendmeiits. - A zoning urdin,inc(,, rnay iiiciticle, among other things, reasonable regulations and provisions as to any or all of@ tlie i@ollowiilg niatters: (,Li) For vlii-iances as det-in(,@d iii SS 15.1 430 (p) or spceial exceptioiis as d,:I-iiied in SS 15.1-430 (i) to tile lenli- I I I,, a -egulations in any district in c@ises of iiiiusu,,@l situations or to ease tii(! traiisitiot) t@i-om oiie distri(:t t(, itnother, or for bLiiidi@,.-'.@, sti-uCLUI'eS 01' USCS liaving SP(@Ciill iind t@or coiiditiorial zorlill", as (1,1-ined iii SS 15.1-43() kti) tnd toi- the ztdol)Lion, ill courities, of towris, tli@i-eiii which h@ive I)Izintiing coniiiiissi(,iiii, wherlin the urban county CXCCULi@'u furni of*guvui-iii@,ent ii iii cl@fct, oi- iii a city coiiil)tet(2]y @lirr()und(,'d b) sucii @i couiity, oi- ill a coutit.), colitiguous to any such count,/, oz- in a city conipletely sui-i-olinded by sucli a coiitiguous county, oi- in the Town )f Le@bLirg aiid iii the counties east of tlie Chesapeake Bay as a part of an aniL-ndnient tu tiil@ zoning map oi* reasonable conditioiis, in a(idition to the regulLitions pi-ovided fo@ the zoiiing district by tlie ordinanc,@, when such coiiditions stiall havu i)uen protfered iii wi-itiiig, in advance cf tlie publ@c hearin,., blfore the goveriiing bodv i-equii-ed b), SS 1!3.1-493 by th-@ owner of the pi-opei-ty %vhich is tlie subjt!Ct of' the 1)i-oposed zoiiing niup amelidmenl. OliCe pi-ofi@red aiid accepted @@ pai-t )i@ iiii aniciidmetil tO LIILI zoiiing ordinance, sucli cundiLions shall COIlLinLic@ in full toi-ce and ef'flct until a subs,,,Iuent amend- 102 SS 15.1-491 PLANNING, SUBDIVISION OF LANI) AND ZONING SS 15.1-491 iiieiiL chan,,es the zoning oii the property covered by such conditioiis; provided, howevcr, ttiat such conditions shall continue if the subsequent @Amendment is part of a comprehcnsive impleinentation of a iiew or substantially revised zotiing ordinance. tb) For the temporat-y application of@ the ordinance to any pr,)perty coming InLO the territorizil jurisdictioii oi@ the goveriiiiig body by ,nnexation or utherwise, subsequent to the ztdoptioti of the zoning urdiiiance, and peiiding the oi-d@rly ametidmetit of the ordinailce. (c) F(@i, tlie gi,anling of@ ipeciill exceptions undei- suitable requlations and aiid jiotwittistaridiiig any other 1)rovisions of@ this ai-ticle, the governiiig bc)dy of@any city, cuunty ortown may resex-ve unto its(tlftlie rightto issue such special exceptions. (d) For the administi-ation and eiif'orcement of@ the ordinance including the appointment or designation of a zoning adininistrator who r,,lay also hold @nottier ofl-ice in the county or niunicipality. The zoning adinirtistrator shall h,Lve all nece,@ary authority on behalt'of the governiiig body to administer ,iid ntorce th(,@ zoiiing ordinaiice, inctuding tlie orderijig in writing of the r,i.i@clying of any condition found in violatioii of the ordinance, and the bringiiig ul@ legal actioii to insure coniplizince with tlie ordinance, including iiijuncLioti, abutenilnt, oi, other appropi-iate action or proceedilig. (e) For the impositioii oi@ penalties upon convicti,)n of any violation of the zuniiik oi-diviatice. Aiiy such violation shall be a niisdeiiicanor punishable by a line of iiot less than $10 n,)I- mc)re than $1,000. (i) For tlie collection of@ fces to cover the cost of niaking inspections, issuing permits, advertising of tiotices and other expenses incideiit to the administra- tion of a zoning ordinance or to the filirig or processing of any appeal or amelidment thereto. (g) Foi- the amendineiit of the regulations or district maps from time to titiie, or t@or their appl@al. WhLnevei- the public iiecessity, convenilncc, general w@liar@, oi- good zoning pi-actice require, the govei-ning body may by ordiiiance .111@ild, SLipplellICTIt, Or Chaiige the regulittions, disti-ict boundaries, or cl,is@'it-ici,tioii, ()I@ I)i-opei-ty. Any such aiiieiidineiit iiiay be initiated (i) by r,,,olutit)li of@ tlie govef-ning b(@dy, ot- (ii) by nii)tioii of the. lucal commisqion, or ,Iii) by 1)etition oi' the ownei-, contract purch,,isei, witli the owner's wi,itten Luii,v.tit, or the ownet-'s ageiit tti,!refur, of the property which is the subject of [ii, [)i,)p(,.,ed zoiiiiig map aineiidnient, addressed to the goveriiing body or the ljczil cotiimission, who shall loi,wiird such petition to the governing body; pruvid,,d, that the ordinance may provide foi- thL, consi(leration of pi-oposed ainendments only at specit-ied intervals of time, and iiiay furthei- provide that ,Ubstantially the saine petition will not be reconsidered within a specific [.riod, jiot exceeding one year. Any such i-esolution or motion by such 6u%,,riiing body or coinmission proposing the rezoziing sliall state the above p@t)lic purposes therefor. In any eounty having ad-)pted such zoniiig ordinance all inotions, resolu- li@ll, .1. petitiuils lor aniendiiient to the zoning ordinance, @ind/ot- iiiap, shall be @a@d upori and a decisiun niade ori or bet@ore June 30, 1976, all such motions, I.Olutions ut- petitions iaccepte(i t@ol. 1-iting after July 1, 1975, shall be acted n and a decisioti iiiade withiii such reasonable tinie as may be necessary I'v@cli shall not exceed twelve moiiths unless the applicant requests or c@ii,enLs to action beyond such pet-iod. @h) For the submission and approval of a plan of developn)ent priur to the @@uance of building permits to assure compliance witli ret,'Ulations contained i;i @ach zoning ordinaiice. I'he ordinance may alsu provide that petitions brought by property owners, ,oiitract purchasers oi- the agents thereof, shall be swoi-n to und-@r oath before A nutary public or other of@ficial before wliorn oaths may be taken, stating 103 - 45 - IteLi III-L.2 RECONSIDERATION TTI,,M ;'@@ 28746 ADD-ON Upon motion by Councilman Moss, seconded by Councilman Fentress City Council will RECONSIDER on February 22, 1988, a Condition in the application of WILLIAM E. WOOD for a Change of Zoning District Classification frora R-6 qesidenti-al District to B-2 Comiqunity Business District (Kempsville Borough). This Ordinance was ADOPTED by City Council on Nove,.Mber 10, 1975. Condition No. 3. 3. Entrances to the shopping center shall be at least 650 feet from the ilitersection of Kempsville Road and Centerville Turnpike. Tliis Condition is requested by City Staff to be MODIFIED for traffic and safety reasons. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayoi- Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndo-f and Nancy K. Parker Council Members Voting @lay: John L. Perry Council Members Absent: None - 46 - Item I'@'.-M. ADJOURlil4EIiT ITEI@, I't' 2874'7 Upon motion by Councilman Feiitress and BY ACCLAMATION, City Council ADJOUR14ED the Meeting at 12:10 A.M. B Chief Deputy City Clerk Vice Mayor ,Yuth Hodges-Smith, CMC bert d. City Clerk @.yor City of Virginia Beach Virginia