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HomeMy WebLinkAboutAUGUST 26, 1985 MINUTES "WORLD'S LARGEST RESORT CITY" ip CrIYCOUNCIL MA YOR HA.ROLD MSCHORER, At VICE-MAYOR REHA S. M@CLANAN, A- B-gh JOHN A. DAUM, BI-k-t., B-gh NANCY A. CREECH. At L-9, ROBERT E. FEN7RESS V@.. B..h B-gh BARBARA M. @EY, P..g. B-gh H. JACK JENNINGS, JR., B-gh LOUIS R. JONES, Bv@ B-gh ROBERT G. JONES. At @@ J. HENRY M@COY, JR., K-p.@i& B-gh MEYERA E. OBERADORP At L.,g@ 281 CrrY HALL BUILDING RUTH HODGES SmrTH. CMC, Ci,y Cl-k CITY COUNCIL AGENDA MUNICRPAL CEN7ER VIRGI,VIA BEACH VIRGflVIA 23456 NO 18041427-4303 August 26, 1985 Virginia Beach City Council ITEM I. BRIEFING: Conference Room - 5:00 FM 1. Master Street and Highway Plan - Interim Report 2. Green Line Study: Robert Longfield, Consultant Harland Bartholomew and Associates ITEM II. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 6:00 PM A. CALL TO ORDER - Mayor Harold Heischober B. ROLL GALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM III. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 7 PM A. INVOCATION: Reverend John W. Haynes Asbury United Methodist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CITY MANAGER'S ADMINISTRATIVE ITEMS 1. Review of Consent Agenda F. PRESENTATIONS 1. Resolutions iu Recognition Lynahaven Boys Baseball League/All-Star Pony Team TIM BUTLER MIKE CILENTO BRIAN E14ERSON CHRIS EVERETT LOUIS FARANO ALAN FOREHAND DAVID MST CHRIS KIERAN PETE LAMORE JASON McKENZIE SEAN McKENZIE PAT OGLE JEFF RUST JEFF SWEET JEFF WARE Coach ROBERT OGLE Business Nanager JERALD FROST Manager JOE LOVAS G. PROCLANATION 1. BEACON OF HOPE DAY - Missing Children - August 31, 1985 H. NINUTES 1. Motion to accept/approve the 14inutes of August 19, 1985. I. PLANNING - REQUEST FOR WAIVER 1. Application of Grayson Whitehurst, Jr. AND W. Levi Old, Jr., M.D. for changes of zo@n and conditional use permits (Lynnhaven Borough) approved by City Council October 15, 1984. Request for Modifications to the approved Development plan. J. PLANNING - BY CONSENT 1. Application of M. T. Paine for a variance to Section 4.4 (b) of the Subdivision Ordinance which requires that lot dimensions conform to the Comprehensive Zoning Ordinance. The site is located on the East side of Bray Road, South of Lynn Acres Road (Lynnhaven Borough). The applicant wishes to subdivide this 2.839-acre site into two lots. Letter from the City Manager transmits the recommendation, of the Planning Commission to allow withdrawal. 2. Application of Salem Baptist Church, 14ission of Kempsvi@ Baptist Church, for a conditional use permit for a Church and Religious Education Building on a 6.891-acre parcel located on the West side of Salem Road (Kempsville Borough). Letter from the City Manager transmits the recommendation, BY CONSENT, of the Planning Commission for approval. 3. AppUcation of Maken, Inc. for a conditio@ f or -warehouses on a 37,026-squatW fiZ5r m3-ni on the North side of Princess Anne Road at the Intersection with Parliament Drive (Kempsville Borough). Letter from the City Manager transmits the recommendation, BY CONSENT, of the Planning Commission for approval. 4. Application of Richard H. Kline for a change of zoning from 1-1 Light Industrial District of B-2 Community-Business District on a 1.08-acre parcel located on the North side of Southern Boulevard, East of South Lynnhaven Road (Lynnhaven Borough). Letter from the City Manager transmits the recommendation, BY CONSENT, of the Planning Commission for approval. 5. Application of Off-Price Mall Associates II, a Virginia General Partnership, for a change of zoning from B-2 Community-Business District to A-2 Apartment District on a 26.396-acre parcel located on the East side of Village Drive, South of Laskin Road (Lynnhaven Borough). Referred back to Planning Commission by City Council May 6, 1985. Letter from the City Manager transmits the recommendation, of the Planning Commission to allow withdrawal. K. PLANNING 1. Ordinance closing, vacating and discontinuing a portion of 25th Street, formerly 'E- Street, in the petition of 24th Street Associates Letter from the City Manager transmits the recommendation of the Planning Commission and the Viewers concur for approval. 2. Application of Caprieorn Associates for a conditional use permit for a borrow pit on a 73.4-acre parcel located on the West side of Princess Anne Road, South of Sandbridge Road (Princess Anne Borough). Letter from the City Manager transmits the recommendation of the Planning Commission for approval. DEFERRED by City Council May 20, 1985. 3 A-plication of Johnson, Inci, t/a Henry Johnson Tire Center ?or a conditional use per. for sale and insta@tion of tires and auto repairs on a 29,288.68-square foot parce 1 located on the South side of Lynnhaven Parkway, East of Holland Road (Princess Anne Borough). Letter from the City Manager transmits the recommendation of the Planning Commission for approval. DEFERRED by City Council August 19, 1985. 4. Application of Watsou & Taylor Company for a change of zoning from I-2 Heavy Industrial District to B-2 Community- Business District on an 8.174-acre parcel located on the West side of South Independence Boulevard, South of Baxter Road (Kempsville Borough). Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 5. Application of Freddie W. and Bernette W. Gregory for a conditional use permit for a home for the elderly on a 20,000-square foot parcel located at 206 Pritchard Road (Lynnhaven Borough). Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 6. Application of Lakeside Construction Corporation for a conditional use permit for a storage yard for equipment on a 1.6-acre parcel located on the East side of South Military Highway, South of Dyer Place (Kempsville Borough). Letter from the City Manager transmits the rcommendation of the Planning Commission for denial. 7. Application of J & k Transmissions, t/a Mr. Transmission, for a conditional use permit for an automobile traasmission repair service on a 20,000-square foot parcel located on the South side of Virginia Beach Boulevard, East of Groveland Road (Lynnhaven Borough). Letter from the City Manager transmits the reconmendation of the Planning Commission for denial. 8. Resolution to amend the Comprehensive Plan (Courthouse- Sandbridge Study Area) dated January 23, 1985, regarding Commercial Development in the General Booth Boulevard area. Letter from the City Manager transmits the reconmendation of the Planning Commission for approval. DEFERRED by City Council August 12, 1985. L. ORDINANCE 1. Ordinance authorizing the issuance of School Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $13,300,000, SUBJECT TO APPROVAL OF THE VOTERS. M. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Resolutions in Recognition Lyzmhaven Boys Baseball @gue/All-Star Pony Team TIM BUTLER MIKE CILENTO BRIAN FMRSON CHRIS EVERETT LOUIS FARANO AL&N FORERAND DAVID FROST CHRIS KIERAN PETE LAMORE JASON Mc.KENZIE SEAN McKENZIE PAT OGLE JEFF RUST .JEFF SWEET JEFF WARE Coach ROBERT OGLE Business Manager JERALD FROST Manager JOE LOVAS 2. Ordinance to accept and appropriate, on FIRST READING, a grant of $200,000 from the Virginia Health Department for maternal and child health care. 3. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Mirror Lake Drive, to Lake Placid Civic League, its assigns and successors in title. 4. Ordinance to authorize a temporary encroachment into a portion of the rights-of-way of Lakewood Circle and Baltic Avenue, to John A. Williamson and Christine G. Williamson, their heirs, assigns and successors in title. 5. Bingo/Raffle Permit: Knights of Columbus #4632 Raffle Permit: Chimney Hill Swim Team 6. Ordinance authorizing tax refunds in the amount of $4,766.89. N. APPOINTMENTS 1. Public Library Board 0. UNFINISHED BUSINESS P. NEW BUSINESS 1. DIRECT ELECTION OF THE MAYOR Presentation by Irvin Douglas, President Council of Civic Organizations Q. ADJOURNMENT 1. Motion to adjourn. R. SPECIAL MEETING - VIRGINIA BEACH CITY COUNCIL PUBLIC HEARING: PROPOSED BUDGETARY INCREASES 1985 - 1986 - FISCAL YEAR AUGUST 26, 1985 CANCELLED CITY COUNCIL REGULAR SESSION SEPTEMBER 2, 1985 (LABOR DAY) CANCELLED CITY COUNCIL REGULAR SESSION SEPTEMBER 23, 1985 VIRGINIA MUNICIPAL LEAGUE ANNUAL CONFERENCE RESCHEDULED TO 7:00 PM SEPTMBER 30, 1985 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia B R I E F I N G MASTER STREET AND HIGHWAY PLAN GREEN LINE STUDY 5:00 P.m. August 26,1985 The BRIEFING was called to order by Mayor Harold Heischober in the Conference Room on August 26, 1985, at 5:00 P.M. The City Manager introduced Robert Longfield, Consultant, with Harland Bartholomew and Associates who presented the Master Steet and Highway Plan AND Green Line Analysis. MASTER STREET AND HIGHWAY PLAN Mr. Longfield stated that Harland Bartholomew and Associates had been working the last four months to collect additional information and analyze that information primarily in relation to the existing travel patterns. He referenced the year 2010 will be the "forecast year" or "target year" for the planning work that is being conducted. Traffic counts have been conducted at approximately ninety-three intersections, and somewhere between twenty-two and thirty of those intersections have serious problems. The purpose for this discussion is to present the general magnitude of future transportation needs for street improvements in the area. Next month, the consultant will return with a full status report and discussion on alternative system plans, including a comparision of general level of cost and traffic service as well as land development requirements related to the "Green Line". mr. Longfield advised how 2010 transportation needs will be determined by summarizing growth characteristics. Mr. Longfield advised of a 1980 population of slightly over two hundred sixty (260,000) thousand comprised of about Ninety One Thousand (91,000) dwelling units in the employment information. The system is designed to handle approximately a doubling in the population, approximately a doubling in the number of dwelling units and almost a forefold increase that you can see in retail employment with approximately a seventy percent increase in none-retail employment. With that kind of land use and activity growth, it is not unreasonable that our major street system needs to be capable of accomodating about twice as much traffic as the City has at the present time. Mr. Longfield emphasized: "Improvement Potential" "Fair Widening Potential" "Good Widening Potential" "Poor Widening Potential" "Future Needs" "Capacity Deficiency Analysis" "Facility Lanes" (like Virginia Beach Boulevard). "Capacity Reserve" - 2 - B R I E F I N G (Continued) GREEN LINE mr. Longfield advised Harland Bartholomew and Associates had been working very closely with the City Staff to obtain historic and forecast information from the Comprehensive Plan and a more detailed development history of the last four or five years within the City. The firm is looking at the forecast of population and residential development to translate into the amount of commercial and retail office industrial space that will be needed. This will give a basis for assessing the land requirements to meet the growth forecast. With those land requirements, Harland Bartholomew and Associates can provide application of a series of standards for school requirements or utility requirements based on examination of the reserve capacity of the current system of the present location, extension requirments, police requirements, fire requirements and provide an assessment from those forecasts of the public infrastructure cost or needs that go along with the additional land. This will be the information needed to begin detailing potential policies relative the location and/or conditions under which the Green Line needs to move as the develoment wave proceeds across the City. The following were in attendance: CITY COUNCIL John A. Baum Nancy A. Creech Robert E. Fentress Mayor Harold Heischober Barbara M. Henley H. Jack Jennings, Jr. Louis R. Jones Robert G. Jones Vice Mayor Reba S. McClanan J. Henry McCoy, Jr, D.D.S. Meyera E. Oberndorf STAFF: Thomas H. Muehlenbeck J. Dale Bimson Ruth Hodges Smith, CMC Giles Dodd Jerald Banagan Aubrey Watts James DeBellis Jim Davis Robert Scott C. Oral Lambert Donald Trueblood Bill Cashman Jack Whitney Martha Sims M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 26, 1985 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Harold Heischober in the Conference Room, City Hall Building, on Monday, August 26, 1985, at 6:00 in the evening. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S-, and Meyera E. Oberndorf Council Members Absent: None - 2 - ITEM # 24101 Mayor Heischober entertained a motion to permit Council to conduct its EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes, to be followed by the REGULAR MEETING. 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 affect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members within the jurisdiction of the public body. Upon motion by Councilman Fentress, seconded by Councilman Louis Jones, City Council voted to proceed into the EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr. Au ust 26,1985 - 3 - R E G U L A R S E S S I 0 N VIRGINIA BEACH CITY COUNCIL August 26, 1985 7:00 p.m. Mayor Heischober called to order the Regular Session of the Virginia Beach City Council in the Council Chambers, City Hall Building, on Monday, August 26, 1985, at 7:00 p.m. in the evening. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None INVOCATION: Reverend John W. Haynes Asbury United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF TMERICA August 26,1985 - 4 - CITY MANAGER'S ADMINISTRATIVE ITEMS Item II-D.1 CONSENT AGENDA ITEM # 24102 WILLLIAMSON ENCROACHMENT Councilwoman Oberndorf referenced an Ordinance to authorize a temporary ENCROACHMENT into a portion of the rights-of-way of Lakewood Circle and Baltic Avenue, to JOHN A. WILLIAMSON and CHRISTINE G. WILLIAMSON, their heirs, assigns and successors in title. (SeeItem II-M.4 of the Consent Agenda). Representatives of the Lakewood Civic League had contacted Councilwoman Oberndorf concerning this Ordinance. This item will be pulled for separate discussion to enable the City Staff to address said concerns. August 26, 1985 5 Item II-F.1 PRESENTATION ITEM # 24103 Mayor Heischober presented RESOLUTIONS IN RECOGNITION to the LYNNHAVEN BOYS BASEBALL LEAGUE ALL-STAR PONY TEAM: TIM BUTLER MIKE CILENTO BRIAN EMERSON CHRIS EVERETT LOUIS FARANO ALAN FOREHAND DAVID FROST CHRIS KIERAN PETE LAMORE JASON McKENZIE SEAN McKENZIE PAT OGLE JEFF RUST JEFF SWEET JEFF WARE COACH ROBERT OGLE BUSINESS MANAGER JERALD FROST MANAGER JOE LOVAS These RESOLUTIONS recognized the LYNNHAVEN BOYS BASEBALL LEAGUE ALL-STAR PONY TEAM for their championship status in baseball and athletic achievement for the City of Virginia Beach. 6 Item II-G.1 PROCLAMATION ITEM # 24104 Mayor Heischober PROCLAIMED Saturday, August 31, 1985 as: BEACON OF HOPE DAY Councilman Jennings, Virginia Beach Representative on the "BEACON OF HOPE" COMMITTEE, read this PROCLAMATION which recognized the "BEACON OF HOPE" Program to be held atop Mount Trashmore. This PROCLAMATION was ACCEPTED by Captain M. E. Beane, Theresa Northrup, and Delores Delaney. Councilman Jennings advised Mrs. Northrup assisted tremendously in formulating the Hampton Roads Missing Children's Association. Mayor Heischober expressed his gratitude to Mrs. Northrup. Mrs. Northrup advised seventeen (17) children had been returned as a result of endeavors. WHEFtEAS, there are appro.imtely 1.8 million missing children in the United States today; and WHEFtEAS, the F.B.I. estimates that 50,000 such children are abdcted by strang.re and appro.i- mmtely 3,DW of this children will be killed; and WHEREAS, the City of Virginia Be@ Police Departwnt, in cooperati@ ith th. Tid..ater Missing Children Associatim, will be sponsoring the 'Beacon of Hope" progrm in a collectiv. ff.rt bet.een citiz@, business, and I" onforc@nt to help return missing children to a safe enviro@nt; and WHEREAS, the -Boacm of Hops' progrm ill be held at.p Mt. Trashmare on August 31, at 7100 p.m., in an effort to stress our City's cmcern for our missing children and to prmote public a.areness @r.g our citizary; nd WHEREAS, the lwation of "Fl@ of Hope- ia significmt in that Mt. Ir.shmre is the highe.t lmd ares in Virginia B.ach; and the Cape Henry Lighthmse r.plica on the side of this ".aunt.in" .ill reflect a light that ill act as a perpetual sign of our great cmcern and hope that our missing children ill be guided h@ to us; and WHEREAS, on top of the "wmtain", the City will erect a larg. seerchlight to act as the "beacon" in search of wr missing boys and girls that are for"er in ur thoughts. All ar..nd the light, th.re will be wthers, fathers, and children of all ag.. holding flashlight. -d pictur.8 of iasing children; ww WHEREAS, we hope participation during the "Beacon of Hope" cer.m@y will be so large that th. @tain will be covered and ill light up th. sky ith hope for our missing childr.n to be r.t.r.ed safely to their fmilies; and WHEREAS, lmal busineas mn and w@n will be pres@t to offer their supp.rt, telling f their efforts to work with the City of Virginia Beach in speciel projects they ha.e undert.ken to aid in locating our missing children and putting an end to the umertainty and feeling of h.p.l..Sness that parents @at bear. NOW, THEREFORE, I Harold Heischober, Myor of the City of Virginia Be.ch, do hereby proclai. Saturday, August 31, 1985 as BEACON OF HOPE DAY in Virginia Beach and urge all citiz.na to join our efforts and support this very special effort for our missing children that are frov.r in our minde nd hearts. Given mder this twenty-ai.th day of August, nineteen hundred nd eighty-five. Mayor 7 Item II-H.1 MINUTES ITEM # 24105 Upon motion by Vice Mayor McClanan, seconded by Councilwoman Henley, City Council APPROVED the Minutes of August 19, 1985, with the following corrections: ITEM # 24066 - Page 15 - ORDINANCE UPON APPLICATION OF OIL EQUIPMENT PROPERTIES FOR A CONDITIONAL USE PERMIT FOR A SELF-SERVICE CAR WASH R0885767 Condition No. 1 should be corrected as per the following: 1. A privacy fence with plant screening along the western and southern property lines sufficiently high and dense enough to shield the adjacent property owner from both sound and view. ITEM # 24069 - Page 18 - ORDINANCE UPON APPLICATION OF RHW, INC. T/A BOB WEAVER'S AUTO SALES FOR A CONDITIONAL USE PERMIT FOR AUTOMOTIVE REPAIRS R0885770 Condition No. 4 should be CORRECTED as per the following: 4. No outside storage of vehicles, parts or repairs or continuous repair vehicles shall be allowed except within the enclosed area delineated in the plat to be made a part of the record. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None August 26, 1985 8 Item II-I.1 ITEM # 24106 PLANNING - REQUEST FOR A WAIVER Timothy E. Barrow, Planning Consultant, represented the applicant opposition: Dr. Abbot Granoff, representing the Great Neck Association of Civic Leagues, and President of the Linkhorn Cove Civic League Upon motion by Councilman Jennings, seconded by Councilman Baum, City Council APPROVED, subject to further review by City Staff, WAIVER to MODIFY DEVELOPMENT PLAN of GRAYSON WHITEHURST, JR., AND W. LEVI OLD, JR., M-D.(LYNNHAVEN BOROUGH), previously approved by City Council on October 15, 1984. The following modifications were APPROVED: 1. Relocation of the "loop" road. 2. Deletion of the connecting road between the "loop" road and the future single family subdivision. 3. Shifting of the Whitehurst Nursing Center to adjoin the existing Medi-center. 4. Incorporation of the old loop road right-of-way in the Whitehurst and Old Retirement Center sites' use permit. Voting: 7-4 Council Members Voting Aye: John A. Baum, Nancy A, Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: None 9 tim barrow & associates August 7, 1985 Mr. Robert Scott, Director Department of Planning City of Virginia Beach Municipal Center Virginia Beach, VA 23456 Dear Bob: Enclosed are three prints of the proposed revision of the development plan for the Virginia Beach General Hospital area. This plan includes the properties of Grayson Whitehurst, Jr. and Dr. Levi Old. This revised plan is the product of planning and development efforts by each owner since the rezonings and use permits were approved by City Council last October. The modifications requested do not affect any of the height and buffer conditions specified regarding the adjoining residential areas. The changes requested include: 1] Relocation of the 'loop" road to permit the Medi-Center, Whitehurst Nursing C@n ter (150 bed) to be consolidated in a campus undivided by a collector road. 2] Deletion of the connecting road between the "loop" road and the future single family subdivision to permit the Old Retirement7 C-enter and Nursing Center to be developed as a single entity undivided by a street. This will permit security and pedestrian safety to be properly addressed. 3] Shifting of the Whitehurst Nursing Center to adjoin the existing Medi-center to permit unified operation of ttie two facilities. 41 Incorporation of the old loop road right-of-way in the Whitehurst and Old retirement center sites' use permit to pe m t unified development of the parcels. Thank you for your consideration of these plan modifications. If you have any questions, please call me at 468- 2717. Sincerely, TIM BARROW & ASS T olhy E. B@ CC: Dr. Levi Old Grayson Whitehurst, Jr. Doug Ducharme Robert Cromwell August 26, 1985 -10 - Item II-J PLANNING - BY CONSENT ITEM # 24107 Upon motion by Councilman Jennings, seconded by Councilman Louis Jones, City Council APPROVED in one MOTION Items II-J.2, II-J.3, and II-J.4; and ALLOWED WITHDRAWAL of Items II-J.1 and ii-i.5 of the PLANNING - BY CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None Item II-J.1 PLANNING - BY CONSENT ITEM 24108 Letter of M. T. Paine dated August 6, 1985, requesting WITHDRAWAL was referenced by the City Clerk and is hereby made a part of the record. Upon motion by Councilman Jennings, seconded by Councilman Louis Jones, City Council ALLOWED WITHDRAWAL of the application of M. T. PAINE for a Variance to Section 4.4(b) of the Subdivision Ordinance. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for M. T. Paine. Property located on the east side of Bray Road, 400 feet south of Lynn Acres Road. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council members Absent: None 1 2- Item II-J.2 PLANNING - BY CONSENT ITEM # 24109 Upon motion by Councilman Jennings, seconded by Councilman Louis Jones, city Council ADOPTED an Ordinance upon application of SALEM BAPTIST CHURCH, MISSION OF KEMPSVILLE BAPTIST CHURCH, for a CONDITIONAL USE PERMIT as per the following: ORDINANCE UPON APPLICATION OF SALEM BAPTIST CHURCH, MISSION OF KEMPSVILLE BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH R0885771 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Salem Baptist Church, Mission of Kempsville Baptist Church for a Conditional Use Permit for a church and religious education building on certain property located on the west side of Salem Road. Said parcel contains 6.891 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. Dedication of right-of-way is required in accordance with the Salem Road alignment on file with the City Engineer's Office. 2. Dedication is required for right-of-way for a drainage easement in accordance with the Salem Canal alignment on file in the City Engineer's Office. 3. Access shall be limited to Salem Road as Ware Neck Road is planned as a temporary access road to the Wyndamere subdivision. If permanent access to Ware Neck Road is desired for this site, additional right-of-way improvements will be necessary. The OWNER or LEGAL REPRESENTATIVE for the Owner, has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the record. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-sixth day of August, Nineteen Hundred and Eighty-five. - 13 - Item II-J.2 PLANNING - BY CONSENT ITEM # 24109 (Continued) Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council members Absent: None Au us 26 1985 13a - STATFMNT OF CONSENT APPLICANT: Salem Baptist Church APPLICATION: Conditional Use Permit DESCRIPTION: For a Church and Religious Educational Building on a 6.891-acre parcel located on the west side of Salem Road (Kempsville Borough) CITY COUNCIL SESSION: 26 August 1985 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. Dedication of right-of-way in accordance with the Salem Road Alignment. 2. Dedication of right-of-way for a drainage easement. 3. Access shall be limited to Salem Road. If permanent access to Ware Neck Road is desired for this site, additional right--of-way improvements will be necessary. BY: @erfAttorrie@/tAent Date: August 26,1985 - 14 - Item II-J.3 PLANNING - BY CONSENT ITEM 24110 Upon motion by Councilman Jennings, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinance upon application of MAKEN, INC., for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF MAKEN, INC., FOR A CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES R0885772 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of maken, Inc., for a Conditional Use Permit for mini-warehouses on certain property located on the north side of Princess Anne Road at the intersection with Parliament Drive. Said parcel is located at 5704 Princess Anne Road and contains 37,026 square feet. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. Planted screening is to be provided along Princess Anne Road. 2. Dedication of a four-foot right-of-way is required along Princess Anne Road to provide for a City bicycle path per the Virginia Beach Bicycle Plan on file with the Department of Planning. 3. Provision of a ten-foot landscaped buffer along the eastern property line to provide screening from the adjacent office building. The OWNER or LEGAL REPRESENTATIVE for the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the record. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-sixth day of August, Nineteen Hundred and Eighty-five. August 26, 1985 - 15 - Item II-J.3 PLANNING - BY CONSENT ITEM # 24110 (Continued) Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - ]5a - STATEMENT OF CONSENT APPLICANT: Maken, Inc. APPLICATION: Conditional Use Permit DESCRIPTION: For Mini-warehouses on a 37,026-square foot parcel located on the north side of Princess Anne Road at the intersection with Parliament Drive (Kempsville Borough) CITY COUNCIL SESSION: 26 August 1985 - THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED TRE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. Planted screening along Princess Anne Road. 2. Dedication of a four-foot right-of-way is required along Princess Anne Road to provide for a City bicycle path. 3. Provision of a ten-foot landscaped buffer along the eastern Property line to provide screening from the adjacent office building. Own6i- By: Owner/Attorn Date: August 26,1985 - 16 - Item II-J.4 PLANNING - BY CONSENT ITEM # 24111 Upon motion by Councilman Jennings, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinance upon application of RICHARD H. KLINE for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF RICHARD H. KLINE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-1 TO B-2 Z08851007 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Richard H. Kline for a Change of Zoning District Classification from I-1 Light Industrial District to B-2 Community-Business District on certain property located on the north side of Southern Boulevard, 652 feet east of S. Lynnhaven Road. Said parcel is located at 2700 and 2708 Southern Boulevard and contains 1.08 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following condition shall be required prior to the changing of the official zoning maps: 1. Dedication of right-of-way along the frontage on Southern Boulevard to provide for an ultimate 50-foot standard right-of-way. The OWNER or LEGAL REPRESENTATION for the Owner, has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the record. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-sixth day of August, Nineteen Hundred and Eighty-five. August 26, 1985 - 17 - Item II-J.4 PLANNING - BY CONSENT ITEM # 24111 (Continued) Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None Au ust 26 17a - STATENENT OF CONSENT APPLICANT: Richard H. Kline APPLICATION: Change of Zoning DESCRIPTION: From I-I Light Industrial District to B-2 Community-Business District on a 1.08-acre parcel located on the north side of Southern Boulevard, east of South Lynnhaven Road (Lynnhaven Borugh) CITY COUNCIL SESSION: 26 August 1985 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), RAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMNISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS TREY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. Dedication of right-of-way along the frontage on Southern Boulevard to provide for an ultimate 50-foot standard right-of-way prior to the changing of the official zoning maps. Owner By: Owner/Att6rriey/I Date: August 26,1985 - 18 - Item II-J.5 PLANNING - BY CONSENT ITEM # 24112 Letter of Attorney Glenn R. Croshaw dated April 16, 1985, requesting WITHDRAWAL of said application was referenced by the City Clerk and is hereby made a part of the record. Upon motion by Councilman Jennings, seconded by Councilman Louis Jones, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of OFF-PRICE MALL ASSOCIATES 11, A VIRIGINIA GENERAL PARTNERSHIP for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF OFF-PRICE MALL ASSOCIATES II, A VIRGINIA GENERAL PARTNERSHIP FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO A-2 Ordinance upon application of Off-Price Mall Asociates II, a Virginia General Partnership for a Change of Zonincj District Classification from B-2 Community-business District to A-2 Apartment District on certain property located on the east side of Village Drive, 700 feet more or less south of Laskin Road. Said parcel contains 26.396 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jone8, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council members Absent: None - 19 - Item II-K-1 PLANNING ITEM # 24113 Attorney Barry Randolph Koch represented the applicant Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council APPROVED an Ordinance closing, vacating and discontinuing a portion of 25th Street, formerly "Ell Street, in the petition of 24th STREET ASSOCIATES Application of 24th Street Associates, a Virginia General Partnership, for the discontinuance, closure and abandonment of a portion of 25th Street, formerly "E" Street beginning at the eastern boundary of Barberton Drive and running in a southeasterly direction a distance of 620 feet. Said parcel is 50 feet in width and contains 31,000 square feet. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. Resubdivision of the property and vacation of internal lot lines to incorporate the closed area into adjoining parcels as well as to insure that all lots have access to a public street. 2. Dedication of necessary drainage easements as determined by the City Engineer's office for the maintenance of existing drainage facilities. 3. The closure of this right-of-way shall be contingent upon the compliance with the above-stated conditions within 180 days of the aproval by City Council. The following condition recommended by the VIEWERS was NOT REQUIRED: Development of the adjacent property to the north of the area proposed for closure shall setback from the former right-of-way of 25th Street in order to provide a buffer from existing multi-family development in the south. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None 19a ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS 25TH STREET, FORMERLY "E" STREET, LOCATED IN LYNNHAVEN BOROUGH IN THE CITY OF VIRGINIA BEACH, VIRGINIA, AND SHOWN ON THAT PLAT ENTITLED, "WOODLAND, PROPERTY OF NORANNE REALTY CORPORATION", WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK 7, AT PAGE 98. WHEREAS, it appearing by Affidavit that proper notice has been given by 24th Street Associates, a Virginia General Partnership, that it would make application to the Council of the City of Virginia Beach, Virginia, on July 1 -1 1985, to have the hereinafter described street discontinued, closed and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed and vacated; NOW THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated: Beginning at a point in the eastern side of Barberton Drive, formerly Woodland Avenue, which point is also the southeastern terminus of the intersection of 25th Street, formerly "E" Street, with the eastern side of Barberton Drive, formerly Woodland Avenue, and from said point north 30 degrees 13 minutes east, 50 feet to a point in the north side of 25th Street which is also the northeastern terminus point of Barberton Drive and 25th Street, thence south 59 degrees 47 minutes east along the north side of 25th Street, 615 feet to a point in the north side of 25th Street, thence south 22 degrees 56 minutes west, 50 feet to a point in the south side of 25th Street, thence north 59 degrees 47 minutes west, 620 feet 19b to the point of beginning along the south side of 25th Street. All as shown on the plat of Woodland, property of Noranne Realty Corporation, Princess Anne County, Virginia, made by S. W. Armistead, C.E., 1" = 1001, dated August, 1925, and recorded in Map Book 7, at page 98 in the Clerk's Office of the Circuit Court of the City of Virginia Beach; Woodland Avenue on said plat now being Barberton Drive and "E" Street now being 25th Street. Said parcel of land being a portion of 25th Street, "E" Street, as indicated on that certain plat of property known as Woodland, Property of Noranne Realty Corporation, which plat is recorded in Map Book 7, at page 98, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, to which plat reference is hereby made. SECTION II A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of Virginia Beach, indexed in the name of the City of Virginia Beach, as grantor. SECTION III This ordinance shall be effective sixty (60) days from the date of its adoption. August 26,1985 19C - C)i I 11 I I CATON E3 KOCH. P.C. \'IRGINIA BEACH, VIRClNiA 23 1 @8 ED\VARI, T. CATON - - - PA@ll 11 -@.ITY AR@ CODL @.-I BARRY RANDOLPH K OCH 42@ 46@l CERTIFICATE OF VESTING OF TITLE 1, Barry Randolph Koch, attorney for 24th Street Associates, a Virginia General Partnership, do hereby certify that: 1. I am an attorney-at-law and represent the Petitioner. 2. If the property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in Commerce Corporation of Norfolk, a Virginia Stock Corporation, the holder of the underlying fee in said property from whom the applicant is purchasing the fee in the street, aiid who will be the contract equitable title holder thereof prior to the time this matter is heard by City Council. The said property referred to herein is hereby described as follows: Beginning at a point in the eastern side of .Barberton Drive, formerly Woodland Avenue, which point is also the southeastern terminus of the intersection of 25th Street, formerly "E" Street, with the eastern side of Barberton Drive, formerly Woodland Avenue, and from said point north 30 degrees 13 minutes east, 50 feet to a point in the north side of 25th Street which is also the northeastern terminus point of Barberton Drive and 25th Street, thence south 59 degrees 47 minutes east along the north side of 25th Street, 615 feet to a point in the north side of 25th Street, thence soutli 22 degrees 56 minutes west, 50 feet to a point in the south side of 25th Street, 19d - thence north 59 degrees 47 minutes west, 620 feet to the point of beginning along the south side of 25th Street. All as shown on the plat of Woodland, property of Noranne Realty Corporation, Princess Anne County, Virginia, made by S. W. Armistead, C.E., 11. = 1001, dated August, 1925, and recorded in Map Book 7, at page 98 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Woodland Avenue on said plat now being Barberton Drive and "E",Street now being 25th Street. c H, P.C. By, gaifry Rando3th Koch Attorney foZ 24th Stleet As-.ociates Item II-K.2 - 20 - PLANNING ITEM # 24114 Attorney Robert Cromwell represented the applicant Opposition: Attorney William R. Wahab, represented Louise Williamson, an adjacent property owner. Joe E. Buroughs, resident of Seaboard Road, and a farmer of 27 years. Upon motion by Vice Mayor McClanan, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of CAPRICORN ASSOCIATES for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF CAPRICORN ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR A BORROW PIT R0885773 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ordinance upon application of Capricorn Associates, for a Conditional Use Permit for a borrow pit on certain property located on the west side of Princess Anne Road beginning at a point 2640 feet more or less south of Sandbridge Road. Said parcel contains 73.4 acres. Plats with more detailed information are available in the Department of Planning PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. Approval is for a period of -8 three (3) years from this date. 2. The borrow pit operater will be responsible for continuous water service from the private wells for adjacent residents. 3. The berm shall be built up, planted and maintained with appropriate vegetation. 4. The two trailers shall be moved to the back of the property so as not to be evident from the road or the berm can be built high enough to hide the nightwatchman's trailer and the office trailer. 5. Landscaping and fencing of the entrance area shall be maintained. 6. The entrance road shall be paved a reasonable distance from Princess Anne Road (Minimum of 150 Yee-t) -Eo-support the truck traffic and provide dust control. 7. The trucks shall be removed within no more than six (6 months from this date. 8. The garage shall be moved to the back of the property -- out of view from the adjacent residents -- within no more than six 6 months, or if the trucks are sold sooner -- at that time 9. There shall be no storage of vehicles or vehicle parts in the entrance area or where they can be seen by the public. 10. Operation shall be limited to 7:00 A.M. until 7:00 P.M. with no Sunday activity. 11. Every effort shall be made to control the dust and to load the trucks properly so as to cause minimal problems on the highway and in the residential area. - 21 - Item II-K.2 PLANNING ITEM # 24114 (Continued) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach,Virginia, on the Twenty-sixth day of August, Nineteen Hundred and Eighty-five. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 22 Item II-K.3 PLANNING ITEM # 24115 Upon motion by Vice Mayor McClanan, seconded by Councilwoman Creech, City Council DEFERRED until the City Council Meeting of September 9, 1985, an Ordinance upon application of JOHNSON, INC. T/A HENRY JOHNSON TIRE CENTER for a Conditional Use Permit. As neither the applicant nor his representative were in attendance, this application was DEFERRED. ORDINANCE UPON APPLICATION OF JOHNSON, INC., T/A HENRY JOHNSON TIRE CENTER FOR A CONDITIONAL USE PERMIT FOR SALE AND INSTALLATION OF TIRES AND AUTO REPAIRS Ordinance upon application of Johnson Inc., T/A Henry Johnson Tire Center for a Conditional Use Permit for sale and installation of tires and auto repairs on certain property located on the south side of Lynnhaven Parkway, 1800 feet more or less east of Holland Road. Said parcel is located at 1092 South Lynnhaven Parkway and contains 29,288.68 square feet. PRINCESS ANNE BOROUGH. Voting: 9-0 Council Members Voting Aye: Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, and Robert E. Fentress - 23 - Item II-K.4 PLANNING ITEM # 24116 Keith Compton, Developer, represented the applicant Alan Powell, Professional Realty, also represented the applicant Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council DENIED an Ordinance upon application of WATSON & TAYLOR COMPANY for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF WATSON & TAYLOR FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-2 TO B-2 Ordinance upon application of Watson & Taylor Co., for a Change of Zoning District Classification from I-2 Heavy Industrial District to B-2 Community-Business District on certain property located on the west side of South Independence Boulevard, 714.83 feet south of Baxter Road. Said parcel contains 8.174 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 10-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: Robert G. Jones Council members Absent: None Au ust 26 1985 - 24 - Item II-K.5 PLANNING ITEM 24117 Lee A. Williams, President of the Doyleway Civic League, represented the applicant Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of FREDDIE W. GREGORY for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF FREDDIE W. AND BERNETTE W. GREGORY FOR A CONDITIONAL USE PERMIT FOR A HOME FOR THE ELDERLY R0885774 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Freddie W. and Bernette W. Gregory for a Conditional Use Permit for a home for the elderly on Lots 11 and 12, Block 6, Booker Washington Park. Said parcel is located at 206 Pritchard Road and contains 20,000 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH.(DOYLETOWN TARGET AREA) The following conditions shall be required: 1. An automatic sprinkler system and an automatic fire alarm system meeting approval of the City Fire Protection Engineer. 2. A maximum of ten residents shall be allowed. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-sixth day of August, Nineteen Hundred and Eighty-five. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 25 - Item II-K.6 PLANNING ITEM 24118 Paul Restecki, Superintendent of Lakeside Construction Corporation, represented the applicant Frederick Ewell,President of the Elizabeth River Shores Civic Leauge, spoke in OPPOSITION Upon motion by Councilman McCoy, seconded by Councilman Jennings, City Council ADOPTED an ordinance upon application of LAKESIDE CONSTRUCTION CORPORATION for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF LAKESIDE CONSTRUCTION CORPORATION FOR A CONDITIONAL USE PERMIT FOR A STORAGE YARD FOR EQUIPMENT R0885775 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Lakeside Construction Corporation for a Conditional Use Permit for a storage yard for equipment on certain property located on the east side of South Military Highway 150 feet south of Dyer Place. Said property is located at 630 South Military Highway and contains 1.6 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. Approval shall be for one year, 2. Approval shall be subject to appropriate landscaping on the front of said property and cutting of weeds. Voting: 6-5 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Robert E. Fentress*, Barbara M. Henley, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council members Absent: None *Verbal Nay Au ust 26,1985 - 26 - Item II-K.7 PLANNING ITEM # 24119 Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council DENIED an Ordinance upon application of J & R TRANSMISSIONS, T/A MR. TRANSMISSION for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF J & R TRANSMISSIONS, t/a MR. TRANSMISSION, FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE TRANSMISSION REPAIR Ordinance upon application of J & R Transmissions, T/A mr. Transmission, for a Conditional Use Permit for an automobile transmission repair service on certain property located on the south side of Virginia Beach Boulevard, 300 feet east of Groveland Road. Said parcel is located at 3225-3229 Virginia Beach Boulevard and contains 20,000 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None August 26,1985 - 27 - Item II-K.8 PLANNING ITEM # 24120 The following spoke in favor of the RESOLUTION to AMEND THE COMPREHENSIVE PLAN DATED January 23, 1985, REGARDING COMMERCIAL DEVELOPMENT IN THE GENERAL BOOTH BOULEVARD AREA: Sheridan Barber, President of Courthouse/Sandbridge Coalition of Civic Leagues Lou Pace,resident of Hunt Club Forest, Barbara Ferguson, Hunt Club Forest Civic Association The following spoke in OPPOSITION: Attorney R. J. Nutter represented Messrs Hickman and Ward Ron Morrison, a citizen of Virginia Beach, referenced the exact east/west boundaries of this corridor Attorney Glenn Croshaw represented various property owners on General Booth Boulevard Upon motion by Vice Mayor McClanan, seconded by Councilman Robert Jones, City Council ADOPTED, as AMENDED*, a RESOLUTION to AMEND THE COMPREHENSIVE PLAN (COURTHOUSE SANDBRIDGE STUDY AREA) dated January 23, 1985, regarding COMMERCIAL DEVELOPMENT in the GENERAL BOOTH BOULEVARD AREA). This Resolution was AMENDED as per the following inserted as the third paragraph, Page One: As an exception to the general rule, the area in the General Booth Corridor from London Bridge Road South to Nimmo Church shall be compatible with the historic and cultural district now surrounding Nimmo Church. Voting: 7-4 Council Members Voting Aye: John A. Baum, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: Nancy A. Creech, Robert E. Fentress, Louis R. Jones, and J. Henry McCoy, Jr., D.D.S. Council Members Absent: None 27a - A RESOLUTION TO AMEND THE COMPREHENSIVE PLAN DATED JANUARY 23, 1985 REGARDING COMMERCIAL DEVELOPMENT IN THE GENERAL BOOTH BOULEVARD AREA. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Comprehensive Plan, Section entitled "Courthouse-Sandbridge Study Area," Page 29, Column 3, is hereby amended to read as follows: As an exception to the general rule, mentioned-al5eveT the area in the General Booth corridor from London Bridge Road South to Nimmo Church shall be compatible with the historic and cultural district now surrounding Nimmo Church. That portion of the general Booth Boulevard corridor from the intersection with Oceana Boulevard south to Nimmo Church is a unique area that should be treated as such because of the. primarily residential and historic character of this neighborhood and because of the demand upon General Booth Boulevard as a high traffic volume arterial. This area should not be commercialized beyond the extent necessary to serve the needs of the immediate area. Since this area is developing commercially at a pace that may exceed the need for the area, there should be no further commercial rezoning in this area for the next five y ars. Because this area has a large population potential, this policy should be re-examined at the end of that period. In the meantime, the type and loca.tion of commercial land uses to be located on property already zoned for commercial development should be chosen to minimize impact on the major traffic Au ust 26,1985