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APRIL 10, 2001 MINUTESCITY COUNCIL MAYOR MEYERA E OBERNDORF, At-Large VICE MAYOR WILLIAM D SESSOMS, JR, At-Large LINWOOD 0 BRANCH, !11, Beach -Dtstrtct 6 MARGARET L EURE, Centervdle -Dtstrtct 1 WILLIAM W HARRISON, JR, Lynnhaven -Dtstnct 5 BARBARA M HENLEY, Princess Anne -Dtstnct 7 LOUIS R JONES, Bays~de -Dtstnct 4 REBA S McCLANAN, Rose Hall -Dtstnct $ ROBERT C MANDIGO, JR, Kempswlle -Dtstrtct 2 NANCY K PARKER, At-l. xtrge ROSEMARY WII.~ON, At-Large JAMES K SPORE, City Manager LESLIE i.~ LILLEE Ctty Attorney RUTH HODGES-SMITH, MMC, Ctty Clerk "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH VIRGINIA 23456.9005 PHONE (757) 427-4304 FAX (757) 426-5669 EMAIL Co'cnci~ctty vtrgmta-beactrva, us April 10, 2001 I. CITY COUNCIL WORKSHOP - Conference Room - 10:30AM A. FY 2001-2002 MANAGEMENT RESOURCE PLAN Catheryn Whitesell, Director, Management Services 1. QUALITY EDUCATION FOR LIFETIME LEARNING (School Budget) II. COUNCIL INFORMATIONAL SESSION 12:30PM III. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - I:30PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber- 2:00 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. INVOCATION: Major Keith Wright, Chaplain F~rst Landing Chapel, Fort Story Army Headquarters C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS April 3,2001 G. AGENDA FOR FORMAL SESSION The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. H. PUBLIC HEARING 1. 31" STREET PROJECT I. RESOLUTION/ORDINANCES . Resolution referring to the Planning Commission an Ordinance to Amend the City Zoning Ordinance (CZO) by defining the terms "truck" and "trailer," redefining the term "motor vehicle sales and rental"; allowing truck and trailer rentals only as an accessory use in the B-2 Community Business, B-3 Central Business District and B-4 Resort Commercial District; and, allowing such rentals as a principal use in the I-1 and I-2 Industrial Zoning Districts. (requested by Council Lady Nancy K. Parker) . Ordinance to ACCEPT and APPROPRIATE a $78,442 grant from the Virginia Depamnent of Criminal Service to the FY 2000-01 operating budget of the Virginia Beach Court Service Unit and the Parks and Recreation Department re an education program for juveniles under court supervision and inter-agency information sharing program; and, TRANSFER $8,716 from the General Fund Reserve for Contingencies as the local grant match. 3. Ordinance to authorize temporary encroachments: ao portion of the City's drainage easement by DANIEL J. & JOANNE D. PILCHER re rip-rap stabilization revetment for the construction of a boatlift, pier and access pier at 900 La Tierra Court. (DISTRICT 7- PRINCESS ANNE) b. portion of existing City property known as the waters of Lake Wesley by JOANNE T. & DONALD B. BURKE re construction ofa boatlift, floating pier and mooring piles at 520 Kerry Lane. (DISTRICT 6- BEACH) 4. REFUNDS: a, Business License Meal Tax Tax $29,800.64 $ 3,407.25 $ 1,954.75 J. PLANNING PLANNING BY CONSENT - To be determined during the Agenda Review Session. . . . e . Application of McGINNIS REALTY AND DEVELOPMENT CO., for a Change Zoning District ClassOqcation from AG - 1 & AG - 2 Agricultural Districts to Conditional R - 10 Residential District at the southeast comer of Holland Road and Saville Garden Way, containing 6.002 acres. (DISTRICT 7- PRINCESS ANNE) Recommendation: APPROVAL Applications of WAWA, INC., re the intersection of Virginia Beach Boulevard and Parker Lane, containing 2.95 acres, on the following parcels: (DISTRICT 6- BEACH) A. Change Of Zoning District Classification: (1) Parcel 1: from B-2 to Conditional B-2 (2) Parcel 2: from I-1 to Conditional B-2 B. Conditional Use Permit' for auto services (fuel sales) with a convenience store Recommendation: APPROVAL Application of WELCOME CORPORATION dba/THRIFTY CAR RENTAL for a Conditional Use Permit re auto rentals located at the northwest comer of Virginia Beach Boulevard and Crawford Place (2738 Virginia Beach Boulevard), containing 2.595 acres. (DISTRICT 6- BEACH) Recommendation: APPROVAL Application of WITCHDUCK REAL PROPERTY, INC., for the MODIFICATION of Conditional Use Permit, approved December 6, 1994, re storage and processing of salvage, scrap or junk (122 Witchduck Road), containing 12.8644 acres. (DISTRICT 2 - KEMPSVILLE) Recommendation: APPROVAL Applications of OSCAR L. EVERETT, III at the southeast comer of Lynnhaven Parkway and Indian River Road (2530 Lynnhaven Parkway), containing 3.124 acres: (DISTRICT 1 -CENTERVILLE) A. MODIFICATION of the Conditional Use Permit for gas pumps approved April 23, 1991 B. Conditional Use Permit re a car wash Recommendation: APPROVAL ge APPOINTMENTS BEACHES AND WATERWAYS COMMISSION COMMUNITY SERVICES BOARD (CSB) FRANCIS LAND HOUSE BOARD OF GOVERNORS HEALTH SERVICES ADVISORY BOARD PLANNING COMMISSION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT SCHEDULE: RESOURCE MANAGEMENT PROCESS---REVISED Tooic Location Date/Time Proposed FY 2001-02 Resource Management Plan Public Hearing: April 12°' Prtncess ,4nne High School 6:00 PM Quality Physical Environment/Operational Support Workshop: Conference Room April 17th 2:00 PM Cultural & Recreational Opportunities/Family Youth Opportunities Workshop: Conference Room April 24tb Proposed FY 2001-02 Resource Management Plan Public Hearing: April 24tb Councd Chamber 6:00 PM Reconciliation Workshop: Conference Room May 1st Resource Management Plan - Adoption Special Meettng May 15t~ Councd Chamber 4:00 PM If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD- Telephonic Device for the Deaf) 04/05/01 slb AGENDA\04\ 10\01 www. virginia-beach, va. us O~ OUR MINUTES VIRGINIA BEACH CITY COUNCIL V~rg~ma Beach, V~rg~ma Aprtl 10, 2001 The Ctty Manager called to order the CITY COUNCIL WORKSHOP re FY 2001-2002 MANAGEMENT RESOURCE PLAN tn the Counctl Conference Room, Ctty Hall Butldmg, on Tuesday, Aprtl 10, 2001, at 10 30AM Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wdson School Board Members Present Jane S Brooks, Chatrman Dantel D "Dan" Edwards, derrt M Tata and Sandra Smtth-dones Counctl Members Absent Vtce Mayor Wdham D Sessoms, Jr Wdham W Harrtson, Jr [Entered 12 O0 NOON] [Entered 11 05AM] School Board Members Absent D A "Al"Ablowtch, NancyD Guy, Dan R Lowe, H Les Powell, Jr, Ned L Rose, Mtchael W Stewart and Arthur T Tate -2- C I T Y COUNCIL WORKSHOP FY 2001-2002 RESOURCE MANAGEMENT PLAN Q UALITY ED UCA TION FOR LIFETIME LEARNING 10:30 A.M. ITEM # 4 7994 Chairman Dantel D Edwards presented the Virginia Beach City Public Schools Proposed FY 2001-02 Operating Budget. The School Board ts espectally pleased wtth the collaborative sptrtt between the School, Ctty staff and respecttve electtve bo&es, as evtdenced by the jomt commtttees mcludtng the successful Review of the Revenue Sharing Formula Chatrman Edwards referenced the current tssues accountability, SOLs, accreditation and verified credits It cannot be "busmess as usual" tn educatton Stxteen (16) of the etghty-five (85) schools are fully accredited tn Vtrgtnta Beach Thts ts very compettttve tn terms of the Commonwealth However, tn five years, the transtttons and watvers go away and the full expectatton ts the Schools must meet standards or be labeled as unaccredtted wtth that sttgma attached to thetr graduates and the threat of State takeovers' or other mechantsms exertmg external control over the local schools a real posstbthty In three years, the students must have "vertfied" credtts to graduate A verified credit ts havtng passed the SOL exams for each of thetr required courses Wtthout stgntficant tmprovement, the Ctty wtll etther be routtnely provtdtng 5 or 6 more years of free htgh school educatton or worse pourtng thousands of non-graduates on to the streets of thts Ctty Thts School Board dtd not wrtte the SOL rules, nor have any meantngful tnput tnto the tests, schedules or protocol by whtch they are admmtstered There have been two stgnt, ficant class stze reductton mtttattves tn the elementary schools tn recent years Thts year, the School Board ts working on a reductton tn secondary class stzes A major component of education ts the contact time wtth teachers Expanston of the length of the school day ts difficult wtthout havtng separate bus runs for elementary, mtddle and high schools, whtch ts both a financtal and market tssue School system leadershtp and the larger communtty recogntze the need to compensate employees at a higher level The most meantngful way to tmprove pubhc educatton ts to expand opportuntttes and learnmg ttme for students Therefore, thts proposal recommends the addttton of nme days (three professional development and six instructional) abut the 200-01 calendar Students would attend school 18 7 days and staff would have a 200- day calendar. Dr Ttmothy R Jenney, Superintendent of Schools, advised educators, pohttctans, government leaders and the general pubhc have often addressed such tssues as longer school years, the need to approach compensatton for teachers tn a different manner, the need to recogmze teachers face greater challenges when worktng wtth chtldren of dtsadvantaged famthes and the mandate to tmprove student achtevement through more targeted asststance These budget proposals heed the &alogue and attempts to challenge meantngful school reform and meet tt head on It ts both ambtttous and creattve and tt makes tmportant aggresstve changes tn the way the Schools conduct bustness Present day Education tssues are addressed squarely through such strategtes as an expanded instructional year, issuance of challenge funds, significant salary increases for teachers, a second year 'round school and the opening of a technology academy The school system has for several years been fundtng a number of major necessary ttems that should be butlt tnto an operating budget out of year-end funds, i e cotnputers, buses, other vehtcles, video securtty cameras, copters, book collecttons for hbrartes, et cetera Adequate replacement cycles for these ttems should be front loaded tnto an operattng budget, however, dotng so would make the Schools Annual Budget considerably htgher Year end reverstons conttnue to get smaller each year Although revenues are sttll tn hmbo from state approprtattons, the School Board ts confident thts Budget will be one the Ctty Counctl can endorse Vtctorta Lewts, Chtef Ftnanctal Officer, advtsed the Operatmg Budget betng presented ts based on the Supertntendent's esttmate of need, whtch was adopted by the School Board on March 6, 2001 The Operattng Budget currently ts $491,108,830, which equates to a 4.03% increase or $19,029,267 over the current budget. Major Revenue Sources FY 2000/01 FY 2001/02 Federal $ 9 75-M $ 12 62-M Sales Tax $ 52 2-M $ 55 6 -M State Revenue $ 200 3-M $194 9-M Local Contrtbutton $ 208 2-M 225 9-M Mrs Lewis advised the most crtttcal component tn development ora school system budget ts the projectton of the September 30th enrollment For three consecuttve years, thts enrollment has dechned, and ts currently projected to dechne, largely at the elementary level, for the fourth year Aprtl 10, 2001 -3- C I T Y COUNCIL WORKSHOP FY 2001-2002 RESOURCE MANAGEMENT PLAN QUALITY ED UCA TION FOR LIFETIME LEARNING ITEM It 47994 (Continued) Reductions from FY 2000/O1 Savtngs from VRS rate reductton - $ 7 12-MILLION Excess attrttton FY 2000/01 - 4 80-MILLION Esttmated attrttton FY 01/02 ERIP reductton Mtscellaneous reductton Reductton tn school allocattons for enrollment Total Reducttons - 3 32-MILLION - 55-MILLION - 48-MILLION - 14-MILLION - $16 4I-MILLION Salary Increases Landstown Htgh School (net cosO Addtttonal Postttons Technology Elementary Clertcal Substttutes Additional for FY 2001/02 $ 24 60-MILLION 1 90-MILLION 1 65-MILLION 1 70-MILLION 78-MILLION 82-MILLION Utthttes and Matntenance 47-MILLION Esttmated Fuel t ncreas es 30-MILLION Grant Matches 36-MILLION Full year cost of health substdy tncrease Insurance and Workmen's Comp Testtng Asststance "Challenge" Funds School Allocattons for forms and prtnttng Athlettc fund Wtlhams Intercesston Costs Prtnttng and other Summer School Lease Payment for Space Instructtonal Matertals 40-MILLION 22-MILLION 22-MILLION 20-MILLION 15-MILLION 17-MILLION 17-MILLION 22-MILLION 12-MILLION 09-MILLION 0 7-MILLION Trtenmal Census 04-MILLION Mtscellaneous Other 78-MILLION Total Increases $ 35 43-MILLION The total compensation increase is $24.6-MILLION Thts tncludes the teachers on the step scale, the open range teacher's scale and the rest of the employees on the untried scale Thts compensatton tncludes funds to tncrease the number of tnstructtonal days for students as well as tncrease the number of professtonal development days for teachers These funds also mclude mcreased compensatton for supportpostttons, such as bus drovers, custodtans, teacher asststants and clertcal Aprtl 10, 2001 -4- C I T Y COUNCIL WORKSHOP FY 2001-2002 RESOURCE M/IN/I GEMENT PL/IN Q U/ILITY ED UC/I TION FOR LIFETIME LE/IRNING ITEM # 4 7994 (Continued) The development of the 2002 Operattng Budget tncluded a net increase of l l Opositions Approxtmately 119 positions and funding from these positions were restructured within the budget. Mrs Lewts advised the composite tndex ts a formula that ts calculated at the State Department of Educatton Data ts gathered from all the school dtvtstons tn all the ctttes tnvolvtng the value of the taxable property, the tax rates and average datly membershtp Thts number ts aggregated and asstgned by the Department of Educatton Every two years tn the Governor's Btenmum Budget, thts compostte tndex ts recalculated It has no beartng at all on the revenue sharing formula Relattve the Textbook fund, the expenditures vary, based on the textbook adopttons In 2001, wtth the $6.4-MILLION involved an elementary math book and htgh school text book adoptton The next cycle for 2002, whtch entatls $5.7-MILLION, tnvolves less costly adoptions Dr denney advtsed all textbooks which are requtred and necessary are provtded However, somettmes pubhshers back order and they are late Assessments are made on the need to share among classes those textbooks that are not necessary to go home with the student Dr denney advtsed, tn their opinion, adequate supply funds and matertal are provtded to teachers Thts ts based on a formula Mrs Lewts advtsed there are seven (7) dtfferent areas tn whtch the School Board funds the schools for supphes instruction supplies, libraries, special education, administrative, staff development, equipment and computer supplies. This is the third highest cost in the Division Approximately $&5-MILLION ts gtven to the schools to spend for their students The admtntstrattve allocatton ts $1 Z OOper student The htgh schools recetve an addtttonal $400 to assist wtth graduatton Equtpment ts funded anywhere between $15 and $25 per student and depends upon the age of the school Instructtonal ts approxtmately $36 50 per student Spectal educatton tnvolves $70 O0 - self contatned student and $15 O0 - resource student Every school ts gtven $3 O0 per student to purchase computer supphes Ltbrartes receive $3,000 to $5, O00 per school at the elementary level plus $4 50 per student The Mtddle School Ltbrartes recetve $5,500 to $7,500 plus $600per student wtth the Sentor Htgh Ltbrartes recetvtng $9, O00per school plus $600per student Staff development recetves from $3,000 to $5,000 per school and an addtttonal $5 O0 per teacher $1 50 per student ts recetved for field trtps Dr denney advtsed 366portables are betng utthzed at the present ttme There are stxteen (16)portables at Wtlhams Elementary dohn S Kalocay, Asststant Supertntendent- School Admtmstratton Annex, advtsed the opemng of Landstown High School wtll free up portables The schools are also tnvesttgattng space to be utthzed as storage area for theportables Based on the actton of redistricting, a number of portables wtll not be necessary The School staff wtll provtde Ctty Council wtth the number of portables used at Red Mtll Tony Arnold, Dtrector- Facthttes Planmng and Constructton, advised relattve schools betng demohshed and rebutlt rather than moderntzed, Woodstock, Kempsvtlle Meadows and Hermttage are currently betng evaluated Proposed redtstrtcttng should reduce the number of portables at Baystde Mtddle Chatrman Edwards advtsed the final dectston was not to fund Baystde Mtddle for addtttons as thts was largely resolved through redtstrtcttng The Board also directed the Butldtng Utdtzatton Commtttee next year to review the destrabthty of shtfttng addtttonal students from Baystde to Independence ~f there ts a need to further allevtate overcrowdtng Concerntng Kemps Landing School renovation, the Ctty has acqutred the property next to that for a Walgreens Drug Store and the Ctttzens Advtsory Commtttee for the Prtncess Anne/Kempsvtlle Road ts planntng tmprovements to thts tntersectton Dr denney wtll request Mr Arnold stay tn close contact with the committee The hmttattons of the bmldtng and the access are recogmzed because of congestion The tntent was to turn thts tnto admtntstrattve space As Woodstock needs to be replaced, rather than move a portable there, tt ts beheved Kemps Landing School could be utthzed as a temporary school for approxtmately 1 ~ to 2 years Dr denney further advtsed twenty-nine (29) additional positions have been recommended in the Technological Department The Governor haspushed for on-hne testing of the SOL's There are 10 test sites Ocean Lakes Htgh School was selected as one of the sttes A compartson of the City's teacher salaries, plusfrtnge benefits, wtth the other ctttes tn the regton shall be provtded Mrs Lewts advtsed over the past three years, fifty buses a year have been replaced without touchtng the basehne tn the budget Dr denney advtsed hts staff would be pleased to present tnformatton relattve the Standards' of Learntng and accredttatton Mayor Oberndorf expressed apprectatton to Dr denney, the School Board and the admtntstrattve staff Aprtl 10, 2001 -5- C I T Y COUNCIL WORKSHOP FY 2001-2002 RESOURCE MANAGEMENT PLAN QUALITY ED UCA TION FOR LIFETIME LEARNING ITEM # 47994 (Continued) Mayor Oberndorf advtsed the Library Department - - after Ftre and Rescue - - ss one ctty servtce on whtch she definttely recetves the most postttve response as she goes throughout the ctty Martha d &ms, Dtrector- Ltbrartes, advised the Central Ltbrary wtll have a coffee shop on a rent-lease basts tn the audttortum lobby Mrs &ms advtsed, relattve the Bayside Library/Police Precinct, the staff had thetr first meettng wtth the Architect Waller, Todd and Sadler The stte acqutsttton tssues have been resolved Mrs &ms anttctpates theproject wtll be ready for btd tn 6 to 8 months Concernmg the status of the Boys and Girls Club Library facthty, the Memorandum Of Understandmg has been completed between thetr Board and the Ctty All the destgn work wtth the archttect for the 5, 000 square foot addttton has been completed for the estabhshment of the South Rosemont Youth Ltbrary The Boys and Girls Club ss tn the final process of obtatntng permtts and financtng It ts anttctpated to break ground wtthtn the next month and movtng into the butldtng by the end of 2001 There ss a budget proposal to increase Sunday hours at all the hbrartes as they are esther renovated and reopened or butlt and opened for the first ttme The Referendum package placed before the voters tn 1998 was not only a butldtng Referendum, but tncluded servtce enhancements Sunday hours were the result of etght (8) communtty meettngs throughout the Ctty tn whtch the ctttzens were asked what they wanted tn terms ofbutldtng locattons and servtce enhancements The number one response was tncrease Sunday hours The hbrartes affected tn the FY2001-2002 Operattng Budget would be Central Kempsville, Great Neck and the new Princess Anne Libraries. Ftlters for Internet Access are notperfect and much of the good content ss not avatlable Mrs &ms advtsed thts ss a major debate wtthtn the hbrary field The Vtrgtnta Beach Pubhc Library has att Internet Access pohcy that gtves the ctttzens a chotce of ustngfiltered or unfiltered lnternet Access Ftlters are based on key words There are certain thtngs that are filtered out that are Constttuttonally protected and are tnformatton needed for research Mrs &ms ctted an example of thts issue The Mars Explorer ProJect ts filtered out because Mars ends tn "s" and Explorer starts wtth "ex" Super Bowl 25EXII ts filtered out because of all the "x's" wtthtn that name Mrs &ms was researchtng golf courses tn Ireland and the search came back reveahng that of 32 htts, 16 had been filtered The Courts tn Loudon County determtned some of the termtnals should be unfiltered as the ctttzens were dented access to protected speech Aprtl 10, 2001 -6- AGENDA RE VIEW SESSION 12:40 P.M. ITEM # 4 7995 I1 Resolutton referrtng to the Planntng Commtsston an Or&nance to Amend the Ci~ Zoning Ordinance (CZO) by defimng the terms "truck" and "trader," redefimng the term "motor vehtcle sales and rental", allowtng truck and trader rentals only as an accessory use tn the B-2 Community Business, B-3 Central Business District and B-4 Resort Commercial District, and, allowtng such rentals as a principal use tn the I-1 and 1-2 Industrial Zoning Districts. (requested by Counctl Lady Nancy K Parker) Counctl Lady Parker requested thts ttem be DEFERRED INDEFINITELY Counctl Lady Parker stated the or&nance tn the agenda was not exactly as she had hoped to see tt worded and would hke to have tt revtsed for the next agenda ITEM # 4 7996 BY CONSENSUS, the followtng shall compose the CONSENT AGENDA: RES OL UTION/ORDINANCES I1 Resolutton referrtng to the Planntng Commtsston an Ordtnance to Amend the Ci~_ Zoning Ordinance (CZO) by defimng the terms "truck" and "trader," redefintng the term "motor vehtcle sales and rental", allowtng truck and trader rentals only as an accessory use tn the B-2 Community Business, B-3 Central Business District and B-4 Resort Commercial District, and, allowtng such rentals as a principal use tn the I-1 and 1-2 Industrial Zoning Districts. (requested by Counctl Lady Nancy K Parker) 12 Or&nance to ACCEPT and APPROPRIATE a $ 78, 442 grant from the Vtrgtnta Department of Crtmtnal Servtce to the FY 2000-01 operattng budget of the Vtrgtnta Beach Court Servtce Untt and the Parks and Recreatton Department re an education program forjuventles under court supervtston and inter-agency information sharing program; and, TRANSFER $8, 716from the General Fund Reserve for Conttngenctes as the local grant match 13 Ordtnance to authortze temporary encroachments: portton of the City's dratnage easement by DANIEL J. & JOANNE D. PIL CHER re rip-rap sta&hzatton revetment for the constructton of a boathft, pter and access pter at 900 La Tterra Court (DISTRICT 7- PRINCESS ANNE) portion of extsttng City property known as the waters of Lake Wesley by JOANNE T. & DONALD B. BURKE re constructton of a boatltft, floattng pter and moormgptles at 520 Kerry Lane (DISTRICT 6- BEACH) 14 REFUNDS a BustnessLtcense $29,80064 b Meal Tax $ 3,407 25 c Tax $ 1,954 75 Item I 1 wtll be DEFERRED INDEFINITEL Y, B Y CONSENT Aprtl 10, 2001 -7- AGENDA RE VIEWSESSION ITEM it 4 799 7 J ] Apphcattons of WA WA, INC., re the tntersectton of Vtrgtma Beach Boulevard and Parker Lane, contatmng 2 95 acres, on the followtng parcels (DISTRICT 6- BEA CH) A Change ofZontng Dtstrtct Classtficatton (1) Parcel 1 from B-2 to Condtttonal B-2 (2) Parcel 2 .from I-.~1 to Condtttonal B-2 B Con&ttonal Use Permtt for auto services (fuel sales) wtth a convemence store Thts ttem wtll be dtscussed durtng the Formal Sesston as many ctttzen concerns have been expressed to Members of Ctty Counctl ITEM it 47998 J 5 Apphcattons of OSCAR L. EVERETT, III at the southeast corner of Lynnhaven Parkway and In&an Rtver Road (2530 Lynnhaven Parkway), contatntng 3 124 acres (DISTRICT 1 -CENTER VILLE) A MODIFICATION of the Condmonal Use Permttfor gas pumps approved Aprt123, 1991 B Condtttonal Use Permtt re a car wash Mayor Oberndorf, Counctl Members Henley, McClanan and Parker wtshed to vote NAY on this ttem Mayor Oberndorf referenced correspondence from the Lynnhaven Dtstrtct restdents stattng opposttton to allowtng more of the commerctal servtce type of business opportuntttes tnto thetr corrtdor ITEM it 4 7999 B Y CONSENSUS, thefollowtng shall compose the PLANNING B Y CONSENT AGENDA: J1 Apphcatton of McGINNIS REAL TY AND DEVELOPMENT CO.,for a Change ofZomng Dtstrtct Classtficatton from AG - 1 & A G - 2 Agrtcultural Dtstrtcts to Condtttonal R - 10 Restdenttal District at the southeast corner of Holland Road and Savtlle Garden Way, contatntng 6 002 acres (DISTRICT 7- PRINCESS ANNE) J3 Apphcatton of WELCOME CORPORATION dba/THRIFTY CAR RENTAL for a Conchttonal Use Permtt re auto rentals located at the northwest corner of Vtrgtma Beach Boulevard and Crawford Place (2738 Vtrgmta Beach Boulevard), contatntng 2 595 acres (DISTRICT 6- BEACH) Apphcatton of WITCHDUCK REAL PROPERTY, INC , for the MODIFICATION of Condtttonal Use Permtt, approved December 6, 1994, re storage and processing of salvage, scrap or junk (122 Wttchduck Road), contammg 12 8644 acres (DISTRICT 2 - KEMP S VILLE) Aprtl 10, 2001 -8- CITY COUNCIL COMMENTS 12:43 P.M. ITEM # 48000 Counctlman Branch referenced as his Dtstrtct has grown wtth the re&strtcttng, there are many htstory tssues wtth whtch he ts not famthar As an example, Counctlman Branch cited the intersection improvements at Oceans and General Booth Boulevard He ts recetvtng concerns from the Red Mtll restdents relattve clostng thetr old access potnt out to General Booth Boulevard Apparently there were hearings years ago when thts was dectded Councilman Branch requested Pubhc Works provtde a Briefing to Ctty Counctl relattve the traffic tn thts area and whether the opening of the Commissary was anttctpated durtng the &scusston of the road plans ITEM # 48001 Councd Lady Wtlson referenced the newspaper arttcle relattve fun&ng from the State for dental services to tn&gent chtldren The posttton has been frozen, although the funds for the denttst are avatlable Counctl Lady Wtlson tnqutred whether there ts interest tn adopting a Resolutton to lobby the State to fill thts posttton Catheryn Whttesell, Dtrector of Management Services, advtsed thts ts part of the Governor's effort to balance the Budget for the year 2001 The posttton has been frozen and the Health Department has requested an exemptton to the freeze Thts ts now under State revtew Catheryn ts not sure whether further actton ts requtred by Ctty Counctl In ad&tton, Mary Russo has forwarded correspondence to all the area denttsts requesting they volunteer to fill thts gap As per the Mayor 's suggestton, Catheryn wtll request Mary also contact the Navy denttsts ITEM # 48002 Counctl Lady Eure referenced the Ctty Manager 's Update and the nottce concernmg City View Park Kickoff for National Work Safety Awareness Week occurrmg today, Aprtl 10, 2001 Council Lady Eure wtshed advance nottce of events tn her Dtstrtct and she thought thts should be a courtesy extended to every Member of Ctty Counctl If there are occurrences tn a Counctl Members' Dtstrtct, they should be advtsed as early as posstble- - tn advance - - so schedules can be co-or&hated ITEM # 48003 Counctl Lady Eure referenced the &scusstons tnvolvmg behavioral issues durtng the City Councd Retreat Council Lady Eure advtsed a group of young people tn her netghborhood are very exctted about the Code of Conduct Program at the Beach and wtsh to parttctpate Counctl Lady Eure has requested a price hst of the items such as the tee shtrt and the btg buttons "No fuss~No cuss" The buttons are appro rtmately 60 cents aptece The key to conducttng thts program ts tn the htgh schools ITEM # 48004 Mayor Oberndorf referenced the prevtously &scussed posstble need to schedule a SPECIAL FORMAL SESSION on April 17, 2001, to vote on the 31" STREET DEVELOPMENT AGREEMENT- Possible Amendments. Council Members Branch and Man&go have prtor commttments and wtll not be avatlable Councdman Harrtson advised a delay of an ad&ttonal week may ulttmately delay the new development schedule BY CONSENSUS, the Agreement shall be scheduled for the Ctty Council Sesston of Aprtl 24, 2001 ITEM # 48005 Mayor Oberndorf referenced the proposed Ctty Counctl Retreat tn August The Ctty Manager advtsed Lyle Sumek has provtded suggesttons for August 9'h and lOth or 16th and 17h Mr Sumek wtll be conducttng the School Board retreat on August 18'h and ]9th, and thus wtll already be tn the Ctty The Ctty Manager shall forward a memorandum to Ctty Counctl Members to determtne thetr date preference Aprtl 10, 2001 CITY COUNCIL COMMENTS ITEM # 48006 Mayor Oberndorf referenced the U.S. Conference of Mayors meettng tn Washtngton, D C encompasstng two days and the toptc of tnvestment tn Amertcan ctttes Private tndustry met wtth the Mayors to tell the story of how the metropohtan areas tn the Umted States are dotng a "come back" story Back tn the 1970's and 1980's, the local officials were attempttng to perform social work tn cartngfor the needs not covered by the Federal Government Now, as other methods have been found for generattng cash for a ctty, the areas have become entrepreneurial Transportatton tnvolvtng the raptd rail was also dtscussed If thts Ctty ts not tncluded tn the eleven (11) areas which wtll have "raptd ratl", this wtll be a mark on our communtty, as tt will be isolated from the Peninsula side Prestdent George W Bush tnvtted the Mayors to the Whtte House and addressed the attendees tn the Rose Garden Although, he chd not take questtons from the Mayors or the Press, he spoke relattve issues of great tmportance to the Mayors Then, he spoke to each Mayor mdtvtdually and shook hands Mayor Oberndorf was tmpressed by hts fluency tn Spantsh Prestdent Bush and hts staff were very gractous Mayor Oberndorf referenced her dtscusston wtth the Secretary of Transportatton at a Leadershtp Meettng tn February Hts representattve tn the State of Vtrgtnta has contacted the Mayor relattve the concerns of the Vtrgtnta Beach Ctty Counctl whtch she hadprevtously relayed re I-64 and improvements of Lynnhaven ITEM # 48007 Mayor Oberndorf referenced the health bullettns requesttng tnchvtduals who have ever had a tattoo to go and be tested for Hepatitis C. Mayor Oberndorf assumed throw away needles are not utthzed tn the art work of tattoo. The Ctty Manager advtsed these facthttes would be under State standards and the Ctty/State Health Department would conduct the tnspecttons Aprtl 10, 2001 - lO- ITEM # 48008 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butl&ng, on Tuesday, Aprtl 10, 2001, at 12 50 PM Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, dr, Mayor Meyera E Oberndorf, Nancy K Parker, Rosemary Wilson and Vtce Mayor Wtlham D Sessoms dr Counctl Members Absent None Aprtl 10, 2001 -11- ITEM # 48009 Mayor Oberndorf entertatned a motton to permtt Ctty Counctl to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followtng purpose PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of prospecttve can&dates for employment, asstgnment, appotntment, promotton, performance, demotton, salartes, dtsctphntng, or restgnatton of spectfic pubhc officers, appointees, or employees pursuant to Sectton 2 1-344 (A) (1) To Wtt Boards and Commtsstons Beaches and Waterways Commtsston Commumty Servtces Board Francts Land House Board of Governors Health Servtces Advtsory Board Planntng Commtsston LEGAL MATTERS Consultation with legal counsel or brtefings by staff members, consultants, or attorneys pertatntng to actual or probable httgatton, or other spectfic legal matters requtrtng the provtston of legal advtce by counsel pursuant to Section 2 1-344(A)(7) To Wtt Anctent Art Tattoo Stu&o, Ltmtted v Ctty of Vtrgtnta Beach, et al Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl voted to proceed tnto CLOSED SESSION. Vottng 11-0 Counctl Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Rosemary Wtlson and Vtce Mayor Wtlham D Sessoms, dr Counctl Members Vottng Nay None Counctl Members Absent None (Time of Closed Session: 12:58 P.M. to 2:00 P.M.) Aprtl 10, 2001 - 12- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL April 10, 2001 2:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Butldmg, on Tuesday, Aprtl 10, 2001, at 2 O0 P M Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Rosemary Wtlson and Vtce Mayor Wtlham D Sessoms, .Ir Counctl Members Absent None INVOCATION Major Ketth Wrtght, Chaplain Ftrst Lan&ng Chapel, Fort Story Army Headquarters PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vtce Mayor Sessoms, betng a Corporate Officer of Wachovta Bank, DISCLOSED there were no matters on the agenda tn whtch he has a "personal tnterest", as defined tn the Act, etther tndtvtdually or tn hts capactty as an officer of Wachovta Bank The Vtce Mayor regularly makes thts Dtsclosure as he may not know of the Bank's tnterest tn any apphcatton that may come before Ctty Counctl Vtce Mayor Sessoms' letter of January 2, 2001, ts hereby made a part of the record Aprtl 10, 2001 Item VI-E - 13- CER TIFICA TION OF CLOSED SESSION ITEM # 48010 Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Parker, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meettng reqmrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch thts certtficatton resolutton apphes, AND, Only such pubhc bustness matters as were identified tn the motton convenmg the Closed Sesston were heard, dtscussed or constdered by Vtrgtnta Beach Ctty Counctl Vottng 11-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker*, Rosemary Wtlson and Vice Mayor Wtlham D Sessoms, Jr Counctl Members Vottng Nay None Counctl Members Absent None Councd Lady Parker voted a VERBAL A YE Aprtl 10, 2001 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded ~n ITEM# 48009, page 11, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virgima law were d~scussed ~n Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convemng this Closed Session were heard, discussed or considered by Virginia Beach C~ty Council. -Rtffh Hodges S~mittl, MMC City Clerk April 10, 2001 -14- Item VI-F. 1. MINUTES ITEM ii 48011 Upon motion by Vtce Mayor Sessoms, seconded by Counctl Lady Parker, Ctty Counctl APPROVED the Mtnutes of the INFORMAL AND FORMAL SESSIONS of April 3, 2001. Vottng 11-0 Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson and Vtce Mayor Wtlham D Sessoms, Jr Counctl Members Vottng Nay None Counctl Members Absent None Aprtl 10, 2001 - 15- Item VI-G ADOPT AGENDA FOR FORMAL SESSION ITEM # 48012 BY CONSENSUS, Ctty Counctl ADOPTED: AGENDA FOR THE FORMAL SESSION Aprtl 10, 2001 Item VI-H. 1. -16- PUBLIC HEARING ITEM # 48013 Mayor Oberndorf DECLARED A PUBLIC HEARING: 31~ STREET DEVELOPMENT AGREEMENT- Possible Amendments The followtng regtstered tn SUPPORT: Ned Wtlhams -Chatrman - Hampton Roads Chamber of Commerce -Vtrgtnta Beach Dtvtston, 4512 Va Beach Boulevard 23462, Phone 664-2575 Attorney Ertc Hauser, represented the Developer Jtmmy Capps, 940 Car&nal Road 23451, Phone 428-4099 Ttm Barrow, 1928 Thunderbtrd Drive 23454, Phone 427-2900 Jtm Gentry, 1008 Dttchley Road 23451, Phone 422-3420 Attorney Tom Frantz, 1016 Curlew Drtve 23451, Phone 473-5311, represented the developer The followtng regtstered tn OPPOSITION Sandy Ltnkous, Ctttzens Actton Coahtton, Inc, 5225 South Lake Road 23455, Phone 464-1947 Mrs Davtd A York, 141 Conventton Drtve 23462, Phone 499-5594 Barbara Messner, Frtends of 31st Street Park, Post Office Box 514 23451, Frtends of 3]st Street Park (presented letters to the Ctty Clerk for the record) Rosely Stevens 2924 Lynnhaven Drtve 23451, Phone 481-3944 Al Wallace, 4601 Chtppendale Court 23455, Phone 497-2187 Nancy Burrows, 1009 Chtnquaptn Lane, Frtends of 31st Street, Maurtce Jackson, 1125 Dttchley Rd, Phone 428-1470, Frtends of 31st Street Robert O'Connor, 204 52n't St 23451, Phone 428-0902 Chff Myers, 42nd Street 23451, Phone 425-8555 Dan Batchelor, 42"~ Street 23451, Phone 425-8555, Vtce President~General Manager - Cavaher Hotel Vernon Ftx, 4841 Prtncess Anne Rd 23462, Phone 495-1541 Charles Bowden, 2125 Harbor Lane 23454, Phone 481-4258 Ltnda H Scanlan, 301 4t7h Street 23451, Phone 422-9819 Gad Cayce-Schwartzer, 1808 Ttmberwood 23454, Phone 481-1149 Betty Kennedy, Realtor Nancy Ptndur, 1268 Southhdl Place 23452, Phone 340-4296 Doug Thompson, 809 Close Avenue 23451, Phone 425-2012 Mary Puryear Butler, 3300 Dorcester Road, John Rogers, 1360 South Pengutn Ctrcle, Phone 428-8339 Anne Bennett, 208 43rd Street 23451, Phone 428-5700 Roger Dortan, 100 Ptnewood Road, Room #322 23451, Phone 422-3634 Dr Harvey Shtflett, 1529 Duke of Wtndsor Road 23454 John J Lewandowsh, 1421 Rutland Drive 23454, Phone 481-4670 (neutral) Carohna Ltncoln, Prestdent- Ctttzens Actton Coahtton, 2696 Rehance Drtve, Sutte 180, Phone 321-9971, extended apprectatton to the City Manager for his speaktng before the CCO There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING Aprtl 10, 2001 -17- Item VI-H.2. INTR OD UCTION ITEM tt 48014 Mayor Oberndorf recogmzed the followtng Boy Scout tn attendance to earn hts mertt badge tn ctttzenshtp TROOP 361 Community United Methodist Church Aprtl 10, 2001 Item VI-I. RES OL UTION/ORDINANCES -18- ITEM # 48015 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED IN ONE MOTION, Resoluttons/Ordtnances 1 (DEFERRED INDEFINITELY), 2, 3 a/b, 4 and 5 of the CONSENT AGENDA. Vottng 11-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Rosemary Wtlson and Vtce Mayor Wtlham D Sessoms, Jr Counctl Members Vottng Nay None Counctl Members Absent None Aprtl 10, 2001 - 19- Item VI-I.I. RESOL UTION/ORDINANCES ITEM # 48016 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl DEFERRED INDEFINITEL Y: Resolutton referrtng to the Planmng Commtsston an Or&nance to Amend the Ci~_ Zoning Ordinance (CZO) by defintng the terms "truck" and "tratler," redefintng the term "motor vehtcle sales and rental", allowtng truck and trader rentals onl_¥ as an accessory use tn the B-2 Community Business, B-3 Central Business District and B-4 Resort Commercial District, and, allowtng such rentals as a principal use tn the I-1 and 1-2 Industrial Zoning Districts. (requested by Counctl Lady Nancy K Parker) Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham ~ Harrtson, ,Ir, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, ,Ir, Mayor Meyera E Oberndorf, Nancy K Parker, Rosemary Wtlson and Vtce Mayor Wtlham D Sessoms, Jr Counctl Members Vottng Nay None Counctl Members Absent None Aprtl 10, 2001 Item VI-I.2. RES OL UTIONS/ORDINANCES - 20- ITEM it 48016 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Ordtnance to ACCEPT and APPROPRIATE a $78,442 grant from the Vtrgtnta Department of Crtmtnal Servtce to the FY 2000-01 operattng budget of the Vtrgtnta Beach Court Servtce Untt and the Parks and Recreatton Department re an education program forjuvemles under court supervtston and tnter-agency information sharing program; and, TRANSFER $8, 716from the General Fund Reserve for Conttngenctes as the local grant match Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Rosemary Wtlson and Vtce Mayor Wtlham D Sessoms, Jr Counctl Members Vottng Nay None Counctl Members Absent None Aprtl 10, 2001 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $78,442 GRANT FROM THE STATE AND TO TRANSFER $8,716 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 2000-01 OPERATING BUDGETS OF THE VIRGINIA BEACH COURT SERVICE UNIT AND THE PARKS AND RECREATION DEPARTMENT TO FUND AN EDUCATION PROGRAM FOR JUVENILES UNDER COURT SUPERVISION AND AN INTER-AGENCY INFORMATION SHARING PROGRAM 10 WHEREAS, under the Juvenile Accountability Incentive 11 Block Grant Program, the City of Virginia Beach has been awarded a 12 $78,442 grant in federal funds from the Virginia Department of 13 Criminal Justice Services, with the City providing a 10% grant 14 match for the period covered by the grant. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 17 1. That $78,442 is hereby accepted from the Virginia 18 Department of Criminal Justice Services. 19 2. That $43,442 is hereby appropriated to the FY 2000-01 20 Operating Budget of the Virginia Beach Court Service Unit to 21 continue funding an education program for juveniles under the 22 supervision of the Juvenile Court. 23 3. That $35,000 is hereby appropriated to the 2000-01 24 Operating Budget of the Department of Parks and Recreation's Youth 25 Opportunities Office to establish and maintain an interagency 26 information sharing programs for juveniles. 27 4. That $8,716 is hereby transferred from the General 28 Fund Reserve for Contingencies - Regular to the FY 2000-01 29 Operating Budget of the Virginia Beach Court Service Unit as the 30 local match for the grant. 31 5. That funding for these programs is contingent upon 32 the availability of the federal block grant, and if federal funding 33 is reduced or eliminated, then the program may be reduced or 34 eliminated accordingly. 35 6. That estimated revenue from the federal government is 36 hereby increased by $78,442. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of April , 2001. CA-8044 Data\aty\ordin\noncode\Juvenile Accountability Incentive Block. Ord April 2, 2001 R6 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: COMMONWEALTH of VIR: INIA Joseph B Benedeth O~rector Department of Crtmznal Justice Services March 9, 2001 805 East Broad Street Tenth Floor Rmhmond V~rgmla 23219 (804) 786-4000 FAX (804) 371-8981 '"', TDD (804) 386-8732 .. I Mr JamesK Spore C~tx. Manager C~ty of V~rglnla Beach 240 ! Courthouse Boulevard Ctty Hall 2nd Floor Virginia Beach, Vtrglnla 23456 Juvenile Accountability Incentive Block Grant Award No 01-C3218JB00 Dear Mr Spore Your locality has not~fied DCJS of ItS ~ntent to accept an allocatton under the Juvenile Accountability Incentive Block Grant Program (JAIBG) for 2001 I am pleased to advtse you that your award through th~s allocation process w~ll be $78,442 in federal funds and $8,716 in local cash match for a total award of $87,158. Enclosed you w~ll find a Statement of Award/Acceptance and a Statement of Grant Award Special Conditions To ~ndlcate your acceptance of th~s award and the conditions, please complete and slgn the award acceptance according to the enclosed ~nstruct~ons and return ~t to Jan~ce Waddy, Grants Administrator, at the Department of Criminal Justice Services (DCJS) You will note that this award reflects a matching funds contribution Localities receiving funds tbr the first nme under th~s program are provided match from DCJS state general funds Ali other Iocalltles are required to provide cash match ~n the amount specified under local cash match Th~s amount ~s I0% of the total program costs Federal funds may not exceed 90% of the total program The Juvenile Accountability Incentive Block Grant Program (JAIBG) is intended to address the problem of juvenile crime by promoting greater accountability in the juvenile justice system The federal rules governing th~s program require each locality to prepare a plan which must be based on an analysis of juvenile justice system needs This analysis ~s to be used to determine the most effective use of funds, \~ithln twelve JAIBG purpose or spending areas, to achieve the greatest impact on reducing juvenile delinquency, Improving the juvenile justice system, and increasing accountability for juvenile offenders These purpose/spending areas are reflected on the statement of award As set out ~n the special condmons accompanying this award, prior to expending funds, you must submit the required plan and complete the statement of axvard to show the JAIBG purpose areas in which vou plan to spend grant funds These grant funds will be disbursed to you quarterly on a reimbursement basis only A REQUEST FOR FUNDS form ~s ~ncluded with th~s letter and should be used for this purpose No funds will be d~sbursed unt~! we have documented your compliance w~th the award cond~hons Cnrnmal Justice Sermce Board Cornrn~tlee on Tratmng Juvemle Jushce and Dehnquency Prevenhon Admsory Commdtee Adwsory Cornrn~ltee to Court Appointed SpecIal Advocale and Children's Jushce Act Programs Private Security Services Advisory Board ·Cnrnmal Justice Inforrnahon Syslerns Cornrndtee Mr JmnesK Spore Page 2 We appreciate your ~nterest ~n th~s grant program and w~ll be happy to assist you in any way we can to assure your success If you have any questions, please call Ursula Murdaugh at (804) 786-0092, also please v~s~t our web s~te at ww~v.dejs.stnte.va.us Yours very truly, cc Mr Bruce Bright, ProJect D~rector Ms Patncla Phillips, D~rector of F~nance Ursula Murdaugh, DCJS Item VI-I. 3. a. RESOL UTIONS/ORDINANCES - 21 - ITEM # 48017 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Ordtnance to authortze temporary encroachment portton of the Ctty's dratnage easement by DANIEL J. & JOANNE D. PILCHER re rtp-rap stabthzatton revetment for the constructton of a boathft, pter and access pter at 900 La Tterra Court (DISTRICT 7- PRINCESS ANNE) The followtng condtttons shall be requtred The temporary encroachment shall be constructed and matntatned tn accordance wtth the laws of the Commonwealth of Vtrgtnta and the City of Vtrgtnta Beach and tn accordance wtth the City's spectficattons and approval as to stze, ahgnment and locatton The temporary encroachment shall termtnate upon nottce by the Ctty to the apphcant and, wtthtn thtrty (30) days after such notice ts gtven, the temporary encroachment must be removed from the encroachment area by the apphcant and the apphcant wtll bear all costs and expenses of such removal The apphcant shall tndemntfy and hold harmless the Ctty, tts agents and employees from and agatnst all clatms, damages, losses and expenses, tncludtng reasonable attorney's fees tn case tt shall be necessary to file or defend an actton artstng out of the locatton or extstence of the temporary encroachment Nothtng herein contatned shall be construed to enlarge the permtsston and authority to permtt the matntenance or constructton of any encroachment other than that spectfted heretn and to the hmtted extent spectfied heretn, nor to permtt the matntenance and constructton of any encroachment by anyone other than the apphcant 5 The apphcant agrees to matntatn the temporary encroachment so as not to become unstghtly or a hazard The apphcant must obtatn a permtt from Waterfront Operattons of the Planntng Department prior to commenctng any constructton wtthtn the encroachment area 7 Temporary encroachment shall conform to the mtntmum setback requtrements, as estabhshed by the Ctty The Ctty, upon revocatton of such authortty and permtsston so granted, may remove the temporary encroachment and charge the cost thereof to the apphcant and collect the cost tn any mannerprovtded by law for the collectton of local or state taxes, may requtre the apphcant to remove such temporary encroachment, and, pendtng such removal, the Ctty may charge the apphcant for the use of suchportton of the Ctty's rtght-of-way encroached upon the equtvalent of what would be the real property tax upon the land so occupted tf tt were owned by the apphcant, and tf such removal shall not be made wtthtn the ttme spectfied by the Ctty, the Ctty shall tmpose a penalty tn the sum of One Hundred Dollars ($100 00) per day for each and every day that such temporary encroachment ts allowed to conttnue thereafter, and, shall collect such compensatton and penalttes tn any manner provtded by law for the collection of local or state taxes Aprtl 10, 2001 - 22 - Item VI-I. 3. a. RESOLUTION/ORDINANCES ITEM # 48017 (Continued) Vottng 11-0 (By Consent) Councd Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Rosemary Wtlson and Vtce Mayor Wtlham D Sessoms, dr Counctl Members Voting Nay None Counctl Members Absent None Aprtl 10, 2001 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S 150' DRAINAGE EASEMENT BY DANIEL J. PILCHER AND JOANNE D. PILCHER, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, DANIEL J. PILCHER and JOANNE D. PILCHER desire to construct and maintain a boat lift, a pier, access pier, and rip-rap within the City's 150' drainage easement across the rear of their property in Lagomar, and known as Lotus Creek. WHEREAS, city Council is authorized pursuant to §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments within the City's existing easements subject to such terms and conditions as Council may prescribe. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, DANIEL J. PILCHER and JOANNE D. PILCHER, their heirs, assigns and successors in title, are authorized to construct and maintain a temporary encroachment for a boat lift, a pier, access pier, and rip-rap in the City's 150' drainage easement as shown on that certain plat entitled: "PROPOSED RIP RAP & PIER, BOAT LIFT IN A CANAL OF LAGOMAR VIRGINIA BEACH, VA. APPLICANT: DANIEL J. PILCHER SHEET 1 OF 3", dated 9/14/00, a copy of which is on file in the Department of Public Works to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and DANIEL J. PILCHER and JOANNE D. PILCHER (the Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement. 37 38 39 40 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as DANIEL J. PILCHER and JOANNE D. PILCHER and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of April , 2001. 43 44 45 46 CA#-$01~ TKENN\ENCROACH\PILCHER.ORD R-1 PREPARED: 3/1 5/01 APPROVED AS TO CONTENTS SIGNAT~R.E DEPARTMENT APPROVED AS TO LEGAL CITY ATTORNEY i 1 ' ~ V~ LOCATION MAP SCALE : 1" -- 1,600' / ! / ! / I ! ~./ ! ! ! ! ! ! ! ! ! ! ! ! / / / I ~ I I I I ! ! / / / / / / / / / / / / / / / / / I / / / / / / / / / / / l, / / / / / / I I / / / / / / / I LOCATION MAP FOR ENCROACHMENT REQUEST FOR DANIEL J. PILCHER AND ,",'i OANNE D. PILCHER I I.f l I~1 I I ! I ., --. SCALE: 1' = 100' I I I I I.~o I i1~11 I 1 I I I I I I I 1 I I iI I I I M.J.S. PREPARED BY PAN ENG. DRAFT. MARCH 12, 2001 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811 (a)(3) AND 58.1-811 (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this ~+~day of ~~a~ , 20 ~] , by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, the "City", Grantor, and DANIEL J. PILCHER and JOANNE D. PILCHER, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, the "Grantee" (even if more than one). WITNESS ETH: WHEREAS, the Grantee is the owner of that certain lot, tract or parcel of land designated and described as: Lot 200, as shown on the subdivision plat of Lagomar, Section Six, Phase Three, Part A, dated September 10, 1993, and recorded in the Circuit Court Clerk's Office in the City of Virginia Beach in M.B. 231, Pg. 94, and being further designated and described as 900 La Tierra Ct., Virginia Beach, VA 23456; and WHEREAS, it is proposed by the Grantee to construct and maintain a boat lift, a pier, access pier, and rip-rap, a "Temporary Encroachment" in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City 150' drainage easement located within the subdivision of Lagomar and known as Lotus Creek, the "Encroachment Area", and the Grantee has requested that the City GPIN: 2414 91 9378 permit a Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee, and for the further consideration of One Dollar ($1.00) in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining a Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval, and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "PROPOSED RIP RAP & PIER, BOAT LIFT IN A CANAL OF LAGOMAR VIRGINIA BEACH, VA. APPLICANT: DANIEL J. PILCHER SHEET 1 OF 3", dated 9/14/00, a copy of which (sheets 1- 3) is attached hereto as Exhibit "A" to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized shall terminate upon notice by the City to the Grantee, and that within thirty (30) days after such notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee, and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from Waterfront Operations of the Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment and, if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, DANIEL J. PILCHER and JOANNE D. PILCHER, husband and wife, the said Grantee has caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager City Clerk (SEAL) Pilcher .C-~oanne D. ' 1 - --~ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , City Manager/Authorized Designee of the City Manager, on behalf of the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: to-wit' , · The foregoing instrument was acknowledged before me this / j~.-%~R day of ~ f% k fl\-~ , 20 6) ~ , DANIEL J. PILCHER and JOANNE D. PILCHER, husband and wife. Notary My Commission Expires: APPROVED A~8 TO LEGAL S U F Fi,i."" r:'"t~',,... .__."', I _1 LO[US CREEK ~-- ~_ , ~__ SZ~ qO'O0'~ Z[5.00' cL ~s~r / C~L O~ L~gO~R ........ ~~'- ' TSO"~IDE a OHW m PROPOSED PIER FLOOO ~ ' l~'~' ~ ENCROACHMENT AP~ICATION I m ..... ~ SUBHITTED ~ cee o ~ ~ ~J ~ J INTO C[~ RI6HT OF ~Y ~ " ~ [ ~ JPROPOSED ACCESS P[ER I .............. ~ ~ BOAT LIFT ~( ~SECTION BB '-, Ti ~ ~ 206.1 LIN.FT. ~o~ m ~ z ! - . , ~ -SECTION O0 ~ o .- ~ ~ - ~ ...... ~ ~ ~ ~ ~ ~ ~ ~l I ~ '~- ~ T~ oow. o[.~.s~o.s ~. -'~- [ I ~ o ~ I , ~ ~ ~o ~ = 88.l' .~ { ,/ e ~ ~ ¢ tO ORA[NAG[ EAS~NT ( . ,n ? = R? O' '/ . I · ,,--.. ., , I~ --~SINGLE POINt ACCESS ~ ~1,~ ~ t THRU CBPA L~'BUFFER 00.-. . PLOT PLAN l' q0~ LA TIERRA COURT 50'R/~ LAG0~R SEET.~, PH.2, PART A DB 2552,PG tg0)-tB08 mm m mm m PURPOSE: EROSION CONTROL [ MOORINGS APPLICANT. PROPOSED RIP RAP OATUHt OHW ~ 0.00 OANIEL J. PILCHER & PIER ,BOAT LIFT AOJACENT PROPERTY OWNERS 900 LA TIERRA CT IN A CANAL OF LAGOHAR VIRGINIA BEACH,VA 2)q56 VIRGINIA BEACH,VA. [ WiLLIAHSON 90[ LA TIERRA CT AGENT' APPLICANT KEN THOMPSON DANIEL J PiLCHER Z ,JOHNSON )~05 BOSUN DRIVE 90q ~A T[[RRA CT CHESAPEAKE,VA 2))21 SHEET m INSTALL & HAINTAIN SILT FENCE UNTIL VEGETATIVE COVER IS ESTASLISHEO",~~ - ~6'APRON RUN'5'0'+- ~ BANK TO BE CLE&REO OF ALL OEBRIS THAT HAY CAUSE PUNCTURES IN FILTER CLOTH ii VDOT QUARRY II I /CL [ ].OO# ~ / .... TQP oF STO.E . , I, ~-~/T-~ ./ _-~ ~o,..~ ~.~2.o'~ · ~.-. y~.~.~, d ~t-~/~ ~o ~ ._,,?~ ~.~,.. ~,o,,~ ~~~ ~ I_,,~' O~LINE OF BANK ~ ''~,.. .... . '"' ' _ TTOH SECTION 'gB' ~ ~ -- ~ STONE ST~AI~HT ~UR ~ED ~' AL ! GNHENT "~ , ~ ~ TOP STONE / OUT ~~~%u . ~ . EL.+q.0'+- . i__~ ~ANK LINE SECTION 'CC' au~[~o 5' TOE OF STONE _ ~'"~URIED TOE/APRON EQUAL TO WAVE HEIGHT OEPTH 6' TOP OF STONE EL.+~ol 6UR[ED 6' SECTION 'DO' [/q"=t'O' iL L SWANGB No. 05478 APPLICANT' DANIEL J,.PILCHER 900 LA TIERRA CT. VIRGINIA 8EACH,VA.25q56 AGENT: KEN THOHPSON 5705 BOSUN ORIVE CHESAPEAKE,VA.25521 PROPOSED RIP RAP IN A CANAL IN LAGOMAR BRIDGE CK VIRGINIA BEACH,VA. APPLICANT' DANIEL d. PILCHER SHEET 2 OF 3 ~[ERI~L SPECIFICA[[ONS PILI.G CCA Z 5PC~ ~RA.I.G' CC* Z 5PC~ (ALL WOOD ~nAOE Z O~ ~ETT~ OECXI.G CCA 0 q"C~ (AST~ A15~) OFF EL. BY OWNSR ~T~ BOAT LfFT & [NSTN.LATION IN WITH SPECIFICATIONS. tO.OX) f om. 12'xlT'PILE SP~CING l~(J ~UTT, ~[]' PENI:'II~TION m [O I'CN CAPACITY RATING ACCESS PIEr 5'wiDe x la ST~PS IF REO0 ,NG ! PLAN OF PI ER L/I'll'0' TYP[CAL P[ER CONSTRUCT[ON Z'xG'QECK,[/q'OPE4 JOINTS, 2-[6D NAILS ~ EACH JOIST Z'KS'JOIST ~ Zq'OC(MAX) rOE ~A[L ~ ~A. STq['IOEq STqINGERS,Z'XS")IL w/ 5/~'~THRU tOLTS,PLT ~ASHE~$ PILING TO BE 8'~(MIN) 9UTT, ~0~ PENETRATION BELOH MUD LINE 5'0'wiDE [ TOP OF · 1 ! OHW = ( __ __ _ i.O0 MUO FLAT PIER SECTION 1/4'=L'0° L L SWANGER ~0. 05478 APPLICANT' DANIEL J. PILCHER ~00 LA TIERRA CT, VIRGINIA BEACH,VA.Z3456 AGENT' KEN THOMPSON 3705 80SUN ORIVE CHESAPEAKE,VA.2)~21 PROPOSED RIP RAP & PIER mOAT LIFT IN A CANAL OF LAGOHAR VIRGINIA BEACH,VA. APPLICANT: DANIEL J. PILCHER SHEET 3 OF 3 900 La Tierra Court Item VI-I.3. b. - 23 - RES OL UTION/ORDINANCES ITEM # 48018 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED: Ordtnance to authortze temporary encroachment portion of extstmg Ctty property known as the "Waters of Lake Wesley" by JOANNE T. & DONALD B. BURKE re construction of a boathft, floattngpter and moormgptles at 520 Kerry Lane (DISTRICT 6- BEACH), subject to The followtng condtttons shall be requtred, The temporary encroachment shall be constructed and matntamed tn accordance with the laws of the Commonwealth of Vtrgtnta and the Ctty of Vtrgmta Beach and tn accordance wtth the Ctty's spectficattons and approval as to stze, ahgnment and locatton The temporary encroachment shall termtnate upon nottce by the Ctty to the apphcant and, within thirty (30) days after such nottce ts gtven, the temporary encroachment must be removed from the encroachment area by the apphcant and the apphcant wdl bear all costs and expenses of such removal The apphcant shall mdemmfy and hold harmless the Ctty, tts agents and employees from and agatnst all clatms, damages, losses and expenses, tncludtng reasonable attorney's fees tn case tt shall be necessary to file or defend an actton artstng out of the locatton or extstence of the temporary encroachment No permtsston or authortty ts gtven to the apphcants to permtt the maintenance or constructton of any encroachment other than that specified heretn and to the hmtted extent specified herein, nor to permtt the matntenance and constructton of any encroachments by any one other than the apphcant 5 The apphcant agrees to matntatn the temporary encroachment so as not to become unstghtly or a hazard The apphcant must obtatn a permtt from the Office of Development Services Center/Planntng Department prtor to commenctng any constructton wtthtn the encroachment area. Prtor to tssuance of a rtght-of-way permtt, the apphcant must post surettes tn accordance wtth the project engtneer's cost estimate, to the Office of Development Services Center/Planmng Department The apphcant shall obtain and keep tn force all rtsk property tnsurance and general habthty or such insurance as ts deemed necessary by the Ctty, and all tnsurance pohctes must name the Ctty as addtttonal named msured or loss payee, as apphcable The apphcant must also carry comprehenstve general habthty tnsurance tn an amount not less than Ftve Hundred Thousand Dollars ($500,000), combmed single hmtts of such insurance pohcy or pohctes The apphcant must provtde endorsements provtdtng at least thtrty (30) days' wrttten nottce to the Ctty prtor to the cancellatton or termtnatton of, or matertal change to, any of the tnsurance pohctes The apphcant assumes all responstbthttes and habthttes, vested or conttngent, wtth relatton to the temporary encroachment Aprd 10, 2001 Item VI-I. 3.b. - 24 - RESOLUTION/ORDINANCES ITEM # 48018 (Continued) 10 The apphcant shall submtt for revtew and approval a survey of the area betng encroached upon, certified by a regtstered professtonal engtneer or a hcensed land surveyor and/or "as built" plans of the temporary encroachment, sealed by a regtstered professtonal engmeer, tf requtred by the Ctty Engineer's Office The Ctty, upon revocatton of such authortty and permtsston so granted, may remove the temporary encroachment and charge the cost thereof to the apphcant and collect the cost tn any mannerprovtded by law for the collection of local or state taxes, may requtre the apphcant to remove such temporary encroachment, and, pending such removal the Ctty may charge the apphcant for the use of such portton of the Ct ty's rtght-of-way encroached upon the equtvalent of what would be the real property tax upon the land so occupted tf tt were owned by the apphcant, and tf such removal shall not be made wtthtn the ttme spectfied by the Ctty, the Ctty shall tmpose a penalty tn the sum of One Hundred Dollars ($100 00) per day for each and every day that such temporary encroachment ts allowed to continue thereafter, and, shall collect such compensatton and penalttes tn any manner provtded by law for the collectton of local or state taxes Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Rosemary Wdson and Vice Mayor Wdham D Sessoms, Jr Counctl Members Vottng Nay None Counctl Members Absent None Aprtl 10, 2001 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF EXISTING CITY PROPERTY KNOWN AS THE WATERS OF LAKE WESLEY BY JOANNE T. AND DONALD B. BURKE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Joanne T. and Donald B. Burke, desire to construct and maintain proposed boathft, floating pier, and mooring piles ~nto the City property located at 520 Kerry Lane, GPIN 2426-29-3465. 12 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 07, Code of Virginia, 1950, as amended, to authorize a temporary encroachments upon the City's property subject to such terms and conditions as Council may prescribe. 3_5 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY ]_ 6 OF VIRGINIA BEACH, VIRGINIA: :1_7 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of V~rglnia, 1950, as amended Joanne T. and Donald B. Burke, ~ 9 their heirs, assigns and successors ~n title IS authorized to construct and mmntaln a temporary 2 0 encroachment for a boatlift, floating pier, and mooring piles in the City's property as shown 21 on the map entitled: "PROPOSED BOATLIFT, FLOATING PIER, & MOORING PILES 2 2 IN LAKE WESLEY' VIRGINIA BEACH' APPLICANT' DONALD B. BURKE' SHEET 1 OF 2 .. 7-27-00 · REV. 3/22/01", a copy ofwhich is on file in the Department of Pubhc 2 4 Works and to which reference ~s made for a more pamcular description; and 25 BE IT FURTHER ORDAINED, that the temporary encroachments are 2 6 expressly subject to those terms, conditions and criteria contained in the Agreement between the City of V~rglma Beach and Joanne T. and Donald B. Burke, (the "Agreement") which is 2 8 attached hereto and incorporated by reference; and 29 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. 31 Adopted by the Councd of the C~ty of Virgima Beach, Virginia, on the ~ 32 day of lOth April ., 2001. 33 34 CA- PREPARED March 7, 2001 APPRO/CED AS TO CONTENTS ~ SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY A~4~M CITY ~T~ OR'~Y LOCATION MAP o o o / SCALE : 1" -- 1,600' SEW · 0 © · © © LOCATION S/W LOCATION S/W MAP SHOWING ;IKE PATH AREA OF ENCROACHMENT REQUESTED JOANNE T. & PROPOSED & MOORING GPIN BY DONALD B. BURKE FOR A BOATLIFT, FLOATING PIER PILES INTO LAKE WESLEY 2426-29-3465 SCALE: 1" = 100' PREPARED BY P/W ENG. DRAFT. 02-MAR-20OI PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS SS 1-81 l(a)(3) AND 58 !-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this IQr(/] day of ,20 O./ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and JOANNE T. AND DONALD B. BURKE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 13, Croatan Beach" and being further designated and described as 520 Kerry Lane, Virginia Beach, Virginia 23451; and That, WHEREAS, it is proposed by the Grantee to construct and maintain a proposed boatlifi, floating pier, and mooring piles, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as the waters o fLake Wesley "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee GPIN 2426-29-3465 permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and In accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "PROPOSED BOATLIFT, FLOATING PIER, & MOORING PILES IN LAKE WESLEY VIRGINIA BEACH APPLICANT: DONALD B. BURKE. SHEET 1 OF 2. 7/27/00 · REV. 3/22/~~", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice ~s given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the C~ty may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Joanne T. and Donald B. Burke, the said Grantee has caused this Agreement to be executed by his/their/her signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its C~ty Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By C~ty Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk Donald B. Burke STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrmnent was acknowledged before me this ~ day of__ , 20___, by , CITY MANAGER/A.U'I~ORIZED DEl OF THE CITY MANAGER. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instntment was acknowledged before me this dayof ,20__, by RIYIvH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public CITY/COUNTY OF~ ~ t~,J,~", to-wit: / The foregoing instrument was acknowledged before me this ~~a._,_~, 20o_.[_~, by JOANNE T. BURKE. /? day of ... My Commission Expires: ~, -J 0 --O :~ CITY/coUNTy ~F ~/ ~ t.,/A.~, to-wit: / s The foregoing instrument was acknowledged before me this ~__~_, 20 a ', by DONALD B. BURKE. ~day of~ My Commission Expires: ~ --.~ ~ --O ~ Not~y Public APPROVED AS TO LEGAL SUFFICIENCY CITY AT~i'ORI~EY APPROVED AS TO CONTENT (~/FY REAL ES~'ATE AGENT %1~'~_.. irLQATtNG pt? ~ PROPOSED BOAT LIFT F~oo~ 6'viDE x 2q LG N~ . ~ . PROPOSED flOORING ~ ~ / ~ PILES 2-REOD ~ ~ ~ l~'TO . . , ' , . ~ ~ ~~ OF CHANNEL ~~~~"~ ~"' ~. ~ , I . ', ~ ~4.~ . 7'~-V-~ r ~ ~--' FOR PRIVATE MOORINGS INTO "~-e ...... ~ A W Y ~ 0 4 P [0 8 ~ ' ~ ~ I . ~ .~ ISlE 800 3 3 G g [' EXIST. TIHBER SP 8LKO · ~ , ~' SETBACK i I ToP E~. 8.5 ~ u I_ ' ' ~ I ~ Z-STOnY ~1 I. I I .~ I I ~ I , J I NIB°OO'OO'E 95.00' CROATAN BEACH SCHOONER QUAY KERRY LANE 30'R/~ LYNNHAVEN BOROUGH HB ~60, Exhibit " A " PLOT PLAN 1'- 25' LOT i , PURPOSE: aooa~.as ~.,~C~.T: PROPOSE0 PIER 0ATUM: .~. ' 0.00 oo.~o a. suede ~ BOAT LiFT AOd~CE~T eROeEeT~ OWNERS 520 VI~Gla~A eEACa,W.Z~qS[ VlaGlalA BEAC~ ~. eaTJL APeLlCAaT: S2% ~R~Y LN AGENT: OONALO ~. ~UR~E 2. VARVICK KEN tHOHPSON S[~ ~ERRY LN 3705 BOSUN D~IYE SHEET I OF 2 CHe S,PEAr E, VA. 23321 ,, ..... TOP OF BI. KO & TOP OF PIER EL.+8.S J I 8'SPACING 8'OP~.N AREA a i -. I UIDE PILES BOAT LIFT INST~TI(~ IN ACO::I~eH~ wi'r11 f~G SPEC'S. FLOATING PIER 6'O'wIDE 2q'CONG II PIER PROFILE 1/8'-t'O' RAIERIAL SPECIFICAtiONS PiLiNG CCA 2.$PCF (tiP-88) FRAMING' CC~ 2 5PCF (MLP-Ba) (ALL WOOD GRADE 2 OR BETTER DECKING: CCA O.~PCF (LP-22) HARDWARE:HOT DIPPED GALVANIZED (ASTM Al5)) GUIDE PILING PIPE RING / ~w O.O0 o. CUT OFF EL.I BY OWNER PIPE RING,e:: GUIDE PILING FLOATING PIER 5'O'wloE 2q'LO#G ~5'FREEBOARO 50% PENETRATION BELOW auo LINE SECTION THRU FLOATING P[ER L L SWANGER No. 05478 REV.8/8/OO 1/z2/o o APPLICANT. OOHALO e. BURKE 5ZO KERRY LANE VIRGINIA BEACHoVA.2)qS[ AGENT: KEN THOMPSON )705 BOSUN ORIVE CHESAPeAKE,VA.Z))ZI PROPOSED FLOATING PIER & BOAT'LIFT IN LAKE WESLEY VIRGINIA BEACH APPLICANT DONALD B. BURKE SHEET 2 OF :2 ,~.3/22/01 Item VI-I. 4. - 25 - RES OL UTION/ORDINANCES ITEM # 48019 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, City Councd ADOPTED: REFUNDS: Business License Meal Tax Tax $29,800.64 $ 3,407.25 $ 1,954.75 Vottng I 1-0 (By Consent) Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, ,Ir, Barbara M Henley, Louts R `iones, Reba S McClanan, Robert C Man&go, `ir, Mayor Meyera E Oberndorf Nancy K Parker, Rosemary Wdson and Vtce Mayor Wdham D Sessoms, ,Ir Councd Members Vottng Nay None Counctl Members Absent None April 10, 2001 FORM NO C A 8 REV 3Yl~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcatlons for license refunds, upon cert~ficabon of the CommIssioner of the Revenue are hereby approved. NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID ABOVE ALL TRAVEL SERVICE INC ALAMO GRILL INC THE AMERICAN DRUG CENTER INC AMORY BETTY S ART WALKER AUTO SERVICE INC ASSOCIATED DEVELOPMENT LLC ATLANTIC COMMONWEALTH ELEVATOR B & B LAWN EQUIP INC BARNEL INTERIORS INC BEACH AUTOMOTIVE SERVICE CORP BEN FRANKS INC BESASE ANTHONY E BRUNT PROPERTIES INC BURLINGTON EXPRESS INC BURNS FURNITURE GALLERY INC C L PINCUS JR & CO CABINETMAKERS HARDWARE INC CAPE CHARLES TERMINALS INC CARRIER CORPORATION CATHY & CREW INC CHARLES GEE III INC CHESAPEAKE STEEL INC CIOLAS INC CIRCELLI GINA D COOPERS WATCHWORKS INC COUCH SHIRLEY V & MICHAEL E D P FORMS INC DICTAPHONE CORP DIVE LINDSEY INC E B WEBSTER INC EBK ENTERPRISES INC EILEEN ORIGINALS INC ELLINGTON DAVID & BOBBI G M K CORPORATION GATELY LEETSA ANN H & LS TRADING POST INC HALL & WILSON CONSTRUCTION INC HOFFMAN CIGAR CO INC HPM CONSULTING INC J C WILLS & SONS INC KOUNTRY STORES INC THE KYNE SPORT INC LANDCO SERVICES LLC LATTIMORE GEORGE M LILLIAN VERNON CORP LLEWELLYN CHARLES S III DDS M & M PARTNERSHIP MID EASTERN BUILDERS INC 2001 03/01/01 227 97 0 00 227 97 2001 03/01/01 26 88 0 00 26 88 2001 03/01/01 176 43 0 00 176 43 2001 03/01/01 50 01 0 00 50 01 03/01/01 AUDIT 509 93 107 76 617 69 02/20/01 AUDIT 1,078 18 318 19 1,396 37 2001 03/01/01 220 22 0 00 220 22 2001 03/01/01 100 00 0 00 100 00 2001 03/01/01 258 56 0 00 258 56 2001 03/01/01 35 58 0 00 35 58 02/22/01 AUDIT 242 68 28 64 271 32 2001 03/01/01 11 09 0 00 11 09 03/07/01 AUDIT 1,734 89 274 88 2,00977 2001 03/01/01 89 45 0 00 89 45 2001 03/01/01 73 92 0 00 73 92 02/23/01 AUDIT 200 36 37 51 237 87 2001 03/01/01 52 00 0 00 52 00 2001 03/01/01 50 00 0 00 50 00 2001 02/22/01 40 00 0 00 40 00 2001 02/28/01 40 00 0 00 40 00 2001 03/12/01 262 00 0 00 262 00 2001 03/01/01 57 03 0 00 57 03 2001 03/02/01 50 00 0 00 50 00 2001 03/12/01 19 26 0 00 19 26 2001 03/01/01 43 58 0 00 43 58 03/06/01 AUDIT 479 73 105 60 585 33 2001 03/01/01 50 00 0 00 50 00 2001 03/01/01 256 75 0 00 256 75 2001 03/01/01 125 52 0 00 125 52 2001 03/01/01 43 65 0 00 43 65 2001 03/01/01 30 00 0 O0 30 00 2001 03/01/01 88 76 0 00 88 76 2001 02/20/01 10 00 0 O0 10 O0 2001 03/01/01 90 00 0 00 90 00 2001 03/15/01 13 00 0 00 13 00 2001 03/01/01 188 75 0 00 188 75 2001 03/01/01 32 84 0 00 32 84 2001 02/28/01 50 00 0 00 50 00 2001 03/01/01 93 22 0 00 93 22 2001 03/12/01 23 90 0 00 23 90 2001 02/22/01 150 00 0 00 150 00 02/20/01 AUDIT 182 93 25 34 208 27 1999-2001 03/14/01 150 00 0 00 150 00 03/07/01 AUDIT 0 00 16 25 16 25 03/06/01 AUDIT 50 00 0 00 50 00 2001 03/01/01 156 96 0 00 156 96 03/12/01 AUDIT 209 97 0 00 209 97 2001 03/01/01 50 00 0 00 50 00 Cert'f'e~~z~l Co~mml~sT'°ne/~'f t"h~'l~,evenue ~t~ Attorney's bfflce ' Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling C~ty of Virginia Beach on the 9,090 17 were approved by the Council of the lOth day of April ,20 O1 Ruth Hodges Smith C~ty Clerk FOi~ NO ~ & e REV AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcat~ons for license refunds, upon cerbficabon of the CommissIoner of the Revenue are hereby approved NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID MITCHELL JOHN D MORGAN FAMILY HEARING CENTER NAPIER ENTERPRISES INC NEWTON PIANO CO INC OMNI RENTALS INC ONEAL AMBER STARR OUTDOOR ASSOCIATES INC P & C ENTERPRISES LLC PAYLESS SHOESOURCE INC POPE ROBERT ANDREW DD PRINCESS ANNE PAWN INC REFACE INC RONO VICENTE JR SALLY BEAUTY COMPANY INC SCHONBURN DAVID W SCI VIRGINIA FUNERAL SERVICES $CIALDONE & TAYLOR INC SCHINDLER ELEVATOR CORP SCO'I-I"S EXPRESS LUBE INC SERVICE MASTER BY LEMBURG INC SKI WORLD INC SNYMAN ENTERPRISES INC SOLUTIONS4 INC SOUTHSIDE TURFCARE INC SPEIGHT MARSHALL & FRANCIS PC SUMMERSET LAKE LTD SUN BAY CONTRACTING INC T O SUNDAYS INC TAYLOR CHARLES DIVEN TEE & GEE INC TRANSTATE BROKERS INC TUDOR CHARLES ROSS & HANA K TUROK CONSTRUCTION INC US LEC OF VIRGINIA LLC VASA AMERICA INC VECTOR SECURITY INC VIDEO SELECT INC VIRGINIA BEACH FINE WINE INC VIRGINIA BEACH IRRIGATION INC VIRGINIA FORMALWEAR INC WIDENER CORPORATION THE WILLCOX & SAVAGE PC 2001 03/01/01 119 04 0 00 119 04 2001 02/28/01 213 44 0 00 213 44 03/01/01 AUDIT 53 14 5 75 58 89 2001 02/28/01 179 86 0 00 179 86 2001 03/01/01 50 00 0 00 50 00 2001 03/01/01 12 00 0 00 12 00 2001 03/26/01 375 00 0 00 375 00 02/21/01 AUDIT 98 86 16 84 115 70 2001 03/01/01 659 57 0 00 659 57 2001 03/01/01 90 00 0 00 90 00 2001 03/01/01 54 78 0 00 54 78 02/21/01 AUDIT 92 73 17 15 109 88 02/28/01 AUDIT 209 27 47 51 256 78 03/01/01 03/01/01 64 31 54 86 119 17 02/21/01 AUDIT 169 10 47 89 216 99 2001 03/01/01 287 98 0 00 287 98 12/28/99 03/09/01 7,132 69 0 00 7,132 69 2001 03/01/01 50 00 0 00 50 00 03/01/01 AUDIT 164 55 0 91 165 46 03/09/01 AUDIT 1,516 10 159 18 1,675 28 2001 03/01/01 100 86 0 00 100 86 2001 03/01/01 58 00 0 00 58 00 02/21/01 AUDIT 43 32 5 26 48 58 03/05/01 AUDIT 40 11 6 08 46 19 2001 03/01/01 21 66 0 00 21 66 03/06/01 AUDIT 495 67 0 00 495 67 02/26/01 AUDIT 767 88 120 94 888 82 03/07/01 AUDIT 60 27 12 44 72 71 2001 03/01/01 17 00 0 00 17 00 03/01/01 AUDIT 46 52 0 00 46 52 02/21/01 AUDIT 10 00 1 92 11 92 2001 03/05/01 128 36 0 00 128 36 2001 03/01/01 290 61 0 00 290 61 2001 02/23/01 173 21 0 00 173 21 03/01/01 AUDIT 3,299 16 1,184 74 4,483 90 02/27/01 AUDIT 1,206 00 0 00 1,206 00 2001 03/01/01 60 41 0 00 60 41 2001 03/08/01 140 00 0 00 140 00 02/27/01 AUDIT 230 26 38 46 268 72 2001 03/01/01 106 82 0 00 106 82 2001 03/01/01 77 00 0 00 77 00 2001 02/28/01 25 00 0 00 25 00 Cert,fi~d a,~fto ~ C'o mrrl~s~o n/e~'o}' ~d'l~evenue This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the 20,710.47 were approved by the Council of the lOth day of April ,20 O1 Ruth Hodges SmIth C~ty Clerk AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That the following applications for tax refunds upon certification of the Treasurer are hereby approved Tax Type Ticket Exoneration Date NAME Year of Tax Number Number Paid Penalty Int. Total Back Bay Farms lnc 2001 Blanton, Joseph & Twinkle H 2000 Bregman, Randal K 2001 Bregman, Randal K 2001 F~rst American RE Tax Servme 2000 Neveu, Sandra D & Darnel T 2001 Rountree, Gayle E Jr & Jacquehne 2001 Setzer, Kenneth B & Wanda Y 2001 Snuth, Mary H 2001 Fox, Andrew R. 1997 Thompson, Natahe W TOTAL: RE(I/2) 01-005620-8 EA 11/28/00 RE(2/2) 00-011376-3 09/07/00 RE(l/2) 01-014358-8 EA 12/05/00 RE(2/2) 01-014358-8 EA 12/05/00 RE(l/2) 00-083747-4 12/05/99 RE(l/2) 01-091655-6 11/15/00 RE(l/2) 01-108120-5 EA 11/09/00 RE(l/2) 01-113590-6 10/09/00 RE(l/2) 01-117469-5 EA 12/01/00 PP(1/2) 97-010805108 01/23/01 PT 591300 11/30/00 402 60 78 01 18 42 18 42 661 79 254 84 266 36 80 98 42 89 80 44 50 00 1,954.75 This ordinance shall be effective from date of adoption The above abatement(s) totahng were approved by the Council of the City of V~rg~ma Beach on the ~~ day of ~pri 1 200]~ Ruth Hodges Srmth C~ty Clerk Certl John ~-}~'ti~insofi,'~retsu[er App~ ,ved as to form ~ORM NO C A 8 R~V AN ORDINANCE AUTHORIZING MEALS TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That the following applicabons for meals tax refunds, upon cerbficat~on of the Commismoner of the Revenue are hereby approved: NAME MEALS TAX DATE BASE INTEREST TOTAL YEAR PAID CYPRESS POINT ENTERPRISES INC 1997-1999 AUDIT 3,324 15 83 10 3,407 25 This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the $3,407.25 lOth Commlsmoner of the Revenue ~'Leshe"L LiIley C~ty Attorney were approved by the Councd of the day of April ,20 01 Ruth Hodges Smith City Clerk Item VI-J. - 26- PLANNING ITEM # 48020 1. McGINNIS REAL TY AND DEVELOPMENT CO. CONDITIONAL CHANGE OF ZONING 2. WA WA, INC. CHANGE OF ZONING And CONDITIONAL USE PERMIT 3. WELCOME CORPORA TION dba/ CAR RENTAL CONDITIONAL USE PERMIT 4. WITCHDUCK REAL PROPERTY, INC. MODIFICATION OF CONDITIONAL USE PERMIT (12/6/94) 5. OSCAR L. EVERETT, III MODIFICATION OF CONDITIONAL USE PERMIT for gas pumps (4/23/91) And CONDITIONAL USE PERMIT (car wash) Aprd 10, 2001 -27- Item VI-J. PLANNING ITEM # 48021 Upon motton by IZtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED in ONE MOTION Items 1, 3 and 4 of the PLANNING AGENDA l/ottng 11-0 Counctl Members Vottng Aye Ltnwood 0 Branch, IIL Margaret L Eure, Wtlltam W Harrtson, dr, Barbara M Henley, Louts R done& Reba S McClanan, Robert C Man&go, ,Ir, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor I~tlham D Sessoms, dr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None Aprtl 10, 2001 Item V-J. 1. - 28 - PLANNING ITEM # 48022 Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED an Ordtnance upon apphcatton of McGINNIS REALTY AND DEVELOPMENT CO., for a Condtttonal Change of Zontng ORDINANCE UPON APPLICA TION OF MCGINNIS REAL TY CO, FOR A CHANGE OF ZONING FROMAG-1 & AG-2 TO CONDITIONAL R-10 Z04 01119 7 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton of McGtnms Realty & Development Company for a Change of Zontng Dtstrtct Classtficatton from AG-1 & AG-2 Agrtcultural Dtstrtcts to Condtttonal R-10 Restdenttal Dtstrtct at the southeast corner of Holland Road and Savtlle Garden Way (GPIN #1495- 41-3946, #1495-42-8384) The proposed zontng classtficatton change to Condtttonal R-10 ts for stngle famtly restdenttal land use on lots no less than 10,000 square feet The Comprehenstve Plan recommends use of parcel for suburban restdenttal/low denstty at denstttes that are compatible wtth stngle-famtly use tn accordance wtth other Plan pohctes Satd parcel contatns 6 002 acres PRINCESS ANNE - DISTRICT 7 The followtng condttton shall be required 1 An Agreement encompasstngproffers shall be recorded wtth the Clerk of Ctrcmt Court This Ordtnance shall be effecttve tn accordance wtth Sectton 107 O0 of the Zomng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Tenth of April, Two Thousand One Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wdson Counctl Members Vottng Nay None Counctl Members Absent None Aprtl 10, 2001 Item V4.2. - 29- PLANNING ITEM # 48023 Attorney Edward Bourdon represented the apphcant Ktrk A Batsel, 326 Cripple Creek Court, Phone 431-0676, spoke tn OPPOSITION Upon motton by Counctlman Branch, seconded by Vtce Mayor Sessoms, Ctty Councd ADOPTED Ordinances upon apphcatton of WA WA, INC for a Condtttonal Change of Zoning and a Condtttonal Use Permit ORDINANCE UPON APPLICATION OF WA WA, INC FOR A CONDITIONAL CHANGE OF ZONING FROM B-2 AND I-1 TO CONDITIONAL B-2 Z040111998 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon apphcatton of Wawa, Inc for a Change of Zomng District Classtficatton from B-2 Communtty Busmess Dtstrtct and I-1 Ltght Industrtal Dtstrtct to Condtttonal B-2 Communtty Bustness Dtstrtct on the followtng parcels Parcel 1 From B-2 to Con&ttonal B-2 at the southwest tntersectton of Vtrgtma Beach Boulevard and Parker Lane Parcel 2 From I-1 to Condtttonal B-2 on the west stde of Parker Lane begtnntng at a point 150 feet more or less south of Vtrgtnta Beach Boulevard (GPIN #1497-74-9817, #1497-74-973I, #1477-84-0956 The proposed zomng classtficatton change to Condtttonal B-2 ts for commerctal land use The Comprehenstve plan recommends use of these parcels for commercial use for retad, office and employment uses tn accordance wtth other Planpohctes Satdparcel contatns 2 95 acres more or less BEA CH- DISTRICT 6 AND, ORDINANCE UPON APPLICATION OF WA WA, INC FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE SER VICES (FUEL SALES) IN CONJUNCTION WITH A CONVENIENCE S TORE R 04013042 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon apphcatton of Wawa, Inc for a Con&ttonal Use Permtt for automobtle servtces (fuel sales) tn conjunctton with a conventence store on the followtng parcels Parcel 1 From B-2 to Conchttonal B-2 at the southwest tntersectton of Vtrgtma Beach Boulevard and Parker Lane Parcel 2 From I-1 to Conchttonal B-2 on the west stde of Parker Lane begtnntng at a poznt 150 feet more or less south of Vtrgtnta Beach Boulevard (GPIN #1497-74-9817, #1497-74-9731, #1477-84-0956 The proposed zoning classification change to Conditional B-2 ts for commerctal land use The Comprehensive plan recommends use of these parcels for commerctal use for retatl, office and employment uses tn accordance wtth other Plan pohctes Satdparcel contatns 2 95 acres more or less BEA CH - DISTRICT 6 April 10, 2001 Item V-J.2. - 30- PL,,INNING ITEM # 48023 (Continued) Condtttons apphcable from the Chesapeake Bay Preservatton Area Board Dual eroston and sedtmentatton controls shall be tnstalled prtor to any land &sturbance and shall be matntatned untd such a ttme as vegetattve cover ss estabhshed The salt fence along the west stde of the property shall be tnstalled wtth five feet (or as close as reasonable posstble) of the extsttng pavement When thts pavement ts removed and the stormwater management factltty excavated, an addtttonal salt fence shall be tnstalled along the edge of the channelward stde of the facthty to mtntmtze both addtttonal compactton of the sod and access to the buffer restoratton area The stormwater management facdtty must be stzed to accommodate both quanttty and quahty treatment of all stormwater runoff on thts site At a mtmmum, buffer restoration shall tnclude all plant matertal deptcted on the BayScape Landscape Plan prepared by MSA and dated March 24, 2000 Thts plan includes 50 trees wtthtn the buffer, plus 2 7 trees and 155 shrubs around theparktng lot The buffer restoratton shall include at a mmtmum, four roches of mulch A revtsed stte plan shall be submttted to the Department of Planmng, Development Servtces Center, for revtew and approval prtor to the tssuance of a buddtng permtt The followtng conchttons shall be requtred A mmtmum of one od/water separator shall be tnstalled on the stte to prevent sedtments from betng dtscharged into the stormwater management facthty 2 Thts condmonal usepermtt ss approved for slx (6)fuel dispensers only The freestandmg stgn, proposed along Vtrgtnta Beach Boulevard, shall be monument style wtth a brick base The stgn shall resemble the colors of and shall be constructed of matertals stmtlar to that of the prtmary structure Stgns for the stte shall be hmtted to traffic control signs, the monument style stgn addressed above tn condttton #3, and stgns deptcted on the submttted buddtng elevattons No stgns shall be mstalled on any other wall area of the budding or on the roof of the buddtng Apphcant wtll tnstall a screen qf landscape planttngs along the western edge of the properO;, adlacent to the creek, _for the purpose o_f screenmg the view o_f the stte from the creek Spectes and stze of pants to be determined at detaded stte plan revtew and approved bY the Planning Dtrector These Ordmances shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Ordtnance Adopted by the Councd of the Ctty of Vtrgtnta Beach, Vtrgmta, on the Tenth of Aprd, Two Thousand One Aprd 10, 2001 Item V4.2. PLANNING - 31 - ITEM # 48023 (Continued) Vottng 8-3 Counctl Members Vottng Aye Ltnwood O Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wilson Counctl Members Vottng Nay Barbara M Henley, Mayor Meyera E Oberndorf, Nancy K Parker Counctl Members Absent None Aprtl 10, 2001 I='ORM NO P S lB City oi' Virginia Beach INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5271 DATE: March 29, 2001 TO: Leslie L. Lilley DEPT: City Attorney B. Kay Wilson~ FROM- DEPT: City Attorney Conditional Zoning Application S & L and Wawa, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 10, 2001. I have reviewed the subject proffer agreement, dated August 15, 2000, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure PREPARED BY ; CARNES BOURDON & N-lEI:IN. PC TORNEY$ AT I.~W L & S, a Virginia general partnership and WAWA, IN C., a ~Pennsylvania corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS} CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 15~ day of August, 2000, by and between L & S, a Virginia general partnership, GRANTOR, party of the first part; WAWA, INC., a Pennsylvania corp_oration, GRANTOR, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, GRANTEE, party of the third part. WITNESSETH: WHEREAS, party of the first part is the owner of four (4} contiguous parcels of property located in the Beach District of the City of Virginia Beach, containing a total of approximately two and ninety-three hundredths of an acre (2.93 ac.} and described in Exhibit "A' attached hereto and incorporated herein by this reference, said parcels hereinafter being collectively referred to as the "Property"; and WHEREAS, the Property is currently zoned both B-2 Community Business District [1.77 Ac.) and I-1 Industrial District [1.16 Ac.); and WHEREAS, the party of the second part, being the contract purchaser of the Property, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the GRANTEE so as to change the Zoning Classification of that portion of the Property zoned I-1 Industrial District to B-2 Community Business District; and WHEREAS, the GRANTEE'S policy is development of land for various purposes development legislation; and to provide only for the orderly through zoning and other land PREPARED BY $. CARNES. BOURDON & AHERN, PC rTORNE¥S AT LAW WHEREAS, the GRANTORS acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the GRANTORS' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the GRANTORS' rezoning application gives rise; and WHEREAS, the GRANTORS have voluntarily proffered, in writing, in advance of and prior to the public hearing before the GRANTEE, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the GRANTORS, their successors, personal representatives, assigns, Grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or Quid pro qu,o for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTORS, their successors, personal representatives, assigns, Grantees, and other successors in interest or title: F'RE~O BY -~S C~RNES. BOURDON & AHEFIN. PC ,¢r'FORNEYS AT LAW 1. When the Property is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled "Preliminary Site Plan & Landscape Plan of Wawa, Inc., Virginia Beach, Boulevard and Parker Lane, Virginia Beach, Virginia", prepared by MSA, P.C., dated 8/15/00, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning [hereinafter "Concept Plan~}. 2. The exterior design, materials and colors of the store and the canopy for the gasoline pumps depicted or~ the Concept Plan shall be substantially similar in appearance to the elevations shown on the exhibit entitled "FLOOR PLAN ELEVATIONS, RETAIL STORE and GAS CANOPY, WAWA FOOD MARKET, VIRGINIA BEACH BOULEVARD AND PARKER LANE", prepared by LynchMartinez, Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning {hereinafter "Elevation"}. 3. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light onto the premises and away from adjoining property. 4. Further conditions may be required by the GRANTEE during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to I-1 and B-2 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the GRANTORS and allowed and accepted by the GRANTEE as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions PREPARED BY S. CARNES. BOURDON & AHERN, PC TTOFINEYS AT LAW shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing bod~ of the GRANTEE, after a public hearing before the GRANTEE which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The GRANTORS covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a} to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the GRANTORS shall petition the governing body for the review thereof prior to instituting proceedings in court; and PREPARED BY -~S. CAFINES. BOURDON & AHERN, PC ~1TORNEY$ AT LAW (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Plannin§ Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the GRANTORS and the GRANTI~I~. PREPARED BY :S. CARNES. BOURDON & AHERN, PC ~TTORNEYS AT LAW WITNESS the following signature and seal: GRANTOR: .... L & S,~artnership By: General Parmer (SEAL) STATE OF ~/"//~ ,,~ n CITY/COUNTY OF V(~L~O~ , to-wit: The foregoing instrument w~s acknowle, dged before me this ~/)7~ay of August, 2000, by l.~OF(h(.-~ - ~'~;~%~ I , general partner of'L & S, a Virginia general partnership, on behalf of sal~ partnership. Notary My Commission Expires: PREPARED BY :'S. CARNE$ BOURDON & AHERN PC ~TTORNEYS AT LAW WITNESS the following signature and seal: GRANTOR: WAWA, Inc., a Pennsylvania corporation STATE OF PENNSYLVANIA CITY / COUNTY OF- i d~ Jo ,.,~ ,- ,. , to-wit: r~ The foregoing instrument was acknowledged before me this ~c~ day of August, 2000, by I~'[I,(~ I c.'..,;l~ , ',',. !, f.;-;, 7',: F of Wawa, Inc., a Pennsylvania corporatiof~, on behalf of said corporation. t ' Notary Public My Commission Expires: Notarial Seal Sally A Gentile. Notary Public r,~etner Providence Twp. Delaware County My Comm:ss~on Expires Sept 23, 2000 Member, Pennsylvania Assoclatton of Notanes PR. ;ED BY :S. CARNES, 8OURDON A AHERN, PC ~TrORNEYS AT LAW EXHIBIT #A** ALL THOSE certain lots, pieces or parcels of land, situate in the City of Virginia Beach, shown on "Composite plat of property of George J. Parker, et al", by Wilfred P. Large, dated May 16, 1966, revised June 1, 1973 and duly recorded in Map Book 98, Page 44, in the Clerk's Office, Circuit Court, Virginia Beach, Virginia, and being more particularly described as follows: . Parcel "P-1' beginning at a point on the southwest intersection of Virginia Beach Boulevard (Rte. S8) and Parker Lane, and from said point running thence S. 0 degrees 35' 12" W. 210.56' along the west side of Parker Lane to a point at the northeast corner of Parcel "A" described below, thence turning and running S. 87 degrees 10' W. 432.60' to a point on the edge of London Bridge Creek, thence turning and running N. 7 degrees 28' 35" E. 180.17' to a point on the southern r/w of Virginia Beach Boulevard, thence turning and running N 87 degrees 127' 12" E. along said R/W 74.90' to a point, thence continuing along said R/W N. 67 degrees 28' 12" E. 102.40' to a point at the western boundary line of property "now or formerly Ula L. Rhoades", thence turning and running S. 2 degrees 32' 48" E. along Rhoades western boundary line 150' to a point, thence turning and running N. 87 degrees 27' 12" E. 150' along the southern boundary line of Rhoades, thence turning and running N. 2 degrees 32' 48" W. along the eastern boundary line of Rhoades 150' to a point in the southern R/W of Virginia Beach Boulevard, thence turning and running N. 87 degrees 27' 12" E. along said R/W 91.60' to the point of beginning. . Parcel "A" beginning at a point in the western R/W of Parker Lane, which point is 210.56' south of the R/W of Virginia Beach Boulevard, and is the southeast corner of parcel "P-1" described above, and thence running S. 87 degrees 10' W. along the southern boundary of Parcel "P-l" 432.60' to a point at the edge of London Bridge Creek, thence turning and running S. 7 degrees 28' 35' W. along said Creek 23.89' to a point; thence continuing along said Creek S. 14 degrees W. 27.0' to a point, thence turning and running N. 87 degrees 10' E. 428.65' to a point in the western R/W of Parker Lane, thence turning and running along said R/W N. 0 degrees 35' 12" E. 50.09' to the point of beginning. , That unnamed Parcel beginning at a point in the western R/W of Parker Lane :260.65' south of the R/W of Virginia Beach Boulevard, which point is also the southeast corner of Parcel "A" described above, thence running S. 87 degrees 10' W. 428.65' to the edge of London Bridge Creek, thence turning and running S. 14 degrees E. 152.89' along said Creek to a point, thence turning and running N. 87 degrees 10' 00" E. 390.14' to a point in the western R/W of Parker Lane, thence turning and running N. 0 degrees 35' 12" E. along said R/W 150.0' to the point of beginning. PR,. .,'tED BY ;$. CARNES. BOURDON & AHERN. PC ~"IORNEYS AT LAW LESS AND EXCEPT 0.692 acres, more or less, Taken by Certificate of Take recorded in Deed Book 2576, page 2065, and Order recorded in Deed Book 2962, Page 1470, by the Commonwealth of Virginia for the maintenance and repair of Route 58. 4. ALL THAT certain piece or parcel of land reconveyed to L & S, a Virginia general parmership, by the Commonwealth of Virginia, by Deed dated August 22, 1990, recorded October 19, 1990, in Deed Book 2946, Page 1133, it being residue property acquired by Certificate of Take recorded in Deed Book 2576, Page 2065, and containing 0.026 acre and shown on Highway Plat Book 7, Sheets 5lA and 51F. CONDREZN/WAWA/VBBLVD/PROFFER - 46- Item VI-N. 5. PLANNING ITEM # 495 78 Attorney Edward Bourdon, Pembroke Office Park, 281 Independence Boulevard, Fifth Floor, Phone 499-8971, represented the apphcant and requested REFERRAL BACK TO THE PLANNING COMMISSION The followtng registered tn OPPOSITION Davtd Redmond, 1453 Ewell Road, Phone 464-4114 Johanna Kralowetz, 1404 Chrtsttan Ctrcle, Phone 464-6384 James Chapman, 4317 Delray Drtve, Phone 363-0781 Kathy Wtlhams, Prestdent- Elect - Thoroughgood Ctvtc League, 1600 Keehng Lan&ng Road, Phone 464-9405 Cheryl Benn, 1377 Dunstan Lane, Phone 363-7265 Dan Sykes, 4305 Delray Drtve, Phone 363-8553 Upon motton by Councdman Jones, seconded by Counctlman Hamson, Ctty Counctl DEFERRED to June 11, 2002, Ordmance upon apphcatton of CHARLES F. BOWDEN for a Con&ttonal Change of Zomng ORDINANCE UPON APPLICA TION OF CHARLES F BO WDEN FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-30 TO CONDITIONAL R-20 Or&nance upon Apphcatton of Charles F Bowden for a Change of Zomng Dtstrtct Classtficatton from R-30 Restdenttal Dtstrtct to Con&ttonal R-20 Restdenttal Dtstrtct on certatn property located on the west stde of Wakefield Drtve, south of Delray Drtve on Parcel A, Sectton 8, Part 4, Thoroughgood (GPIN #1479-60-5795) DISTRICT 4- BA YSIDE Vottng 9-0 Counctl Members Vottng Aye Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Councd Members Vottng Nay None Counctl Members Absent Ltnwood 0 Branch, III, and Vice Mayor Wtlham D Sessoms, Jr Aprtl 23, 2002 Item V-d. 3. - 32 - PLANNING ITEM # 48024 Upon motion by Vice Mayor Sessoms, seconded by Councdman Branch, City Councd ADOPTED an Ordtnance upon apphcatton of WELCOME CORPORATION dba/THRIFTY CAR RENTAL for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF WELCOME CORPORATION dba/THRIFTY CAR RENTAL FOR A CONDITIONAL USE PERMIT FOR AUTO RENTALS R04013043 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcaaon of Welcome Corporaaon dba Thrtfty Car Rental for a Condtttonal Use Permtt for auto rentals on certatn property located at the northwest corner of Vtrgtnta Beach Boulevard and Crawford Place (GPIN #1497-55-1672) Said parcel ts located at 2738 Vtrgtnta Beach Boulevard and contatns 2 595 acres BEACH - DISTRICT 6 The followtng condtttons shall be requtred I The renttng of traders or trucks shall be prohtbtted There shall be no on-stte washtng, detatltng, repatr or matntenance of any motor vehtcle on the stte Vacuumtng of the tntertor of vehtcles may be done directly adjacent to the buddtng, provtded the vacuumtng equtpment (excludtng the hose) ts tnstalled and enclosed entirely wtthtn the buddtng and ts not audtble beyond the subject property Parktng of rental vehtcles shall be hmtted to the stde (behtnd the front plane of the bmldtng) and the rear of the bml&ng No addtttonal freestandtng stgns, outbuddtngs orplatforms shall be permttted No more than twenty-five (25) rental vehtcles shall be on the stte at any ttme No new outdoor hghttng shall be added to the stte wtthout authortzatton from the Planmng Dtrector In the event that the extstmg outdoor hght fixtures are replaced, any new fixture shall not be erected any htgher than fourteen (14)feet and shall be tn accordance wtth Sectton 237 of the Ctty Zomng Ordinance such that all outdoor hghts and glare shall be deflected, shaded and focused away from all adjotntng property No outdoor pagtng system, outdoor loudspeakers or outdoor mustc shall be permttted A Certtficate of Occupancy shall be obtatned from the Ctty's Butldtng Offictal prtor to occupancy The extsttng slx (6)foot htgh fence shall be matntatned tn good repatr Aprd 10, 2001 Item V-d. 3. PL~INNING - 33 - ITEM #48024 (Continued) Thts Ordinance shall be effective tn accordance with Sectton I07 09 of the Zoning Ordinance Adopted by the Council of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Tenth o_f Aprtl, Two Thousand One Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None Aprtl 10, 2001 Item V-J. 4. - 34- PLANNING ITEM # 48025 Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, City Counctl AUTHORIZED MODIFICATION of the apphcatton of WITCHDUCK REAL PROPERTY, INC., A VIRGINIA CORPORA TION ORDINANCE UPON APPLICATION OF WITCHDUCK PROPERTY, INC , A VIRGINIA CORPORATION FOR MODIFICATION OF CONDITIONS REAL THE Or&nance upon apphcatton of Wttchduck Real Property, Inc , a Vtrgtnta Corporatton for the modtficatton of condtttons placed on the apphcatton for a condtttonal use permtt for storage and processtng of salvage scrap or junk on December 6, 1994 Property ts located at 122 Mac Street (formerly known as 122 S Wttchduck Road) and contatns 12 8644 acres (GPIN #1467-83- 7448) KEMPSVILLE - DISTRICT 2 The followtng conchttons shall be requtred No scrap vehtcles, salvage, scrap, junk, recyclable materials, or tractor-trader contatner untts contatntng any of the above shall be located outside the west, south or east side of the butldmg, except that Scrap vehicles or tractor-trader contatner umts contatmng scrap vehtcles may be located along the west stde of the butldtng adjacent to the auto parts bustness during normal bustness operatmg hours for the purpose of loadmg and unloachng Satd vehtcles and contatner untts shall be removed from the area by the end of the bustness day, Scrap, salvage, junk, and recyclable matertals tn tractor-trader contatner untts may be located along the west stde of the buddtng adjacent to the recychng bustness durtng normal bustness operattng hours for the purpose of loadtng and unloading Satd scrap, salvage, junk, and recyclable matertals tn tractor-trader contatner umts shall be removed from the area by the end of the bustness day, and c Scrap vehtcles may be stored tn the one enclosed "Temporary Storage Area for Motor Vehtcles" deptcted on the stte plan, entttled, "Prehmtnary &te Plan, Wttchduck Used Auto Parts, "by Lewts Whtte and Assoctates, dated 10/23/00 as provtded for tn Con&tton 2 No more than twenty (20) motor vehtcles shall be stored for more than 30 days tn the area destgnated for "Temporary Storage" as shown on the stte plan tdenttfied tn Con&tton 1 Vehicles shall not be stacked on top of other vehtcles No bundhng, crushtng, dtsmanthng, bathng, demohshtng, or recychng work shall be performed by Wttchduck Used Auto Parts or Wttchduck Recychng outstde of the west, south, or east stde of the butldtng Aprtl 10, 2001 Item V-d. 4. PLANNING - 35- ITEM # 48025 (Continued) Wtthtn the enclosed "courtyard" area destgnated on the stte plan tdenttfied tn Condttton I, scrap vehtcles, salvage, junk, or recyclable matertals shall be stored conststent wtth all apphcable Ctty, State, and Federal Codes, provtded that no scrap vehtcles or other materials shall exceed a height of 8 feet unless those materials are stored tn an area enclosed wtth an opaque screen wtthtn the courtyard conststent wtth the following scrap vehtcles or other matertals stored tn such an enclosed area wtthtn the courtyard shall not exceed the height of the opaque screen enclostng satd materials and tn no case shall such an area exceed 15 feet tn hetght nor shall any such areas be located wtthtn 100feet of the courtyard wall along the northern property hne A stormwater management system shall be tnstalled and matntatned wtthtn the courtyard area The detatls of the tmprovements shall be shown on the site plan requtred under Condttton 8 Once the stte plan ts approved, the tmprovements shall be tnstalled wtthtn 6 months of approval One tractor-trader container unit may be located within the courtyard area for thepurpose ofloadmg ttres tn preparatton for removal from the site If ttres are not located wtthtn the tractor- trader contatner untt tn preparatton for removal from the stte, the ttres shall be stored wtthtn an opaque walled enclosure conststent wtth the crtterta provtded tn Condttton 4 Storage of ttres shall meet apphcable Ctty, State, and Federal codes A fire hydrant shall be mstalled tn the courtyard area for the purpose of provtdtng fire suppresston capabthttes to the courtyard The detatls of the tnstallatton of the hydrant shall be shown on the stte plan requtred under Condttton 8 Once the stte plan ts approved, the fire hydrant shall be tnstalled wtthtn 6 months of approval A detaded stte plan tneettng the reqmrements ofAppenchx C of the City Code, Stte Plan Ordinance, shall be submitted to the Development Servtces Center of the Planmng Department wtthtn 60 days of the granttng of thts request for modtficatton The stte plan shall tn&cate tmprovements necessary for the enttre property tn order to brtng the property and the uses on the property tnto comphance wtth apphcable codes, tncludtng those outhned tn a letter to Mark Calcagnt from Chert Hatner, Butldtng Codes Admtntstrator, dated danuary 7, 1999 The stte plan shall also include a stormwater management planfor the stte, spectficallyfor the courtyard area as noted tn Condttton 5 Improvements shown on the site plan shall be substanttally conststent wtth the stte plan submttted wtth the Condtttonal Use Permtt apphcatton, entttled, "Prehmtnary Stte Plan, Wttchduck Used Auto Parts," by Lewts Whtte and Assoctates, dated 10/23/00 Once the stteplan ts approved, the tmprovements shall be tnstalled wtthtn 6 months of approval d certtfied archttecturalplanfor the butldtng shall be submttted to the Permtts and lnspecttons Office of the Planntng Department wtthtn 60 days of the granttng of thts request for modtficatton The plans shall tn&cate tmprovements necessary for the enttre butldtng tn order to brtng the butldtng and the uses wtthtn the butldtng tnto comphance wtth apphcable codes, as outhned tn a letter to Mark Calcagm from Chert Hatner, Butldtng Codes ,4dmtntstrator, dated danuary 7, 1999 Once the archttectural plans are approved, the tmprovements shall be commenced wtthtn 30 days and shall be tnstalled wtthtn a reasonable ttme frame as determtned by the Butldmg Offictal Aprtl 10, 2001 Item V-J. 4. - 36- PL/INNING 10 11 ITEM # 48025 (Continued) Landscaptng and screentng as shown on the submttted stte plan tdenttfied tn Condttton 1 shall be tnstalled wtthtn 6 months of approval of the detailed site plan required under Condition 8 The overhead garage door located on the southern end of the recychng facthty shall be kept closed at all trines except when matertals are betng dehvered to or taken from the stte Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 (/9 of the Zomng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Tenth of Aprtl, Two Thousand One Vottng 11-0 (By Consent) Council Members Votmg Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None Aprtl 10, 2001 Item V-d.$. -37- PLANNING ITEM # 48026 Attorney Edward Bourdon represented the apphcant Upon motton by Council Lady Eure, seconded by Vice Mayor Sessoms, City Council MODIFIED the OSCAR L. EVERETT, III, CONDITIONAL ZONING AGREEMENT (Otl Equtpment Properttes, Approved Aprtl 23, 1992) and, ADOPTED an Ordtnance for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF OSCAR L EVERETT, III, MODIFICATION OF CONDITIONAL ZONING AGREEMENT (Otl Equtpment Properttes, Approved Aprtl 23, 1991) and FOR A CONDITIONAL USE PERMIT FOR A CAR WASH R040! 3044 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton of Oscar L Everett, III, for modtficatton of Condtttonal Zontng Agreement for Otl Equtpment Properttes recorded on Aprtl 29, 1991, tn Deed Book 2982, Page 1236, and approved by Ctty Council on April 23, 1991 and for a Condmonal Use Permit for a car wash Property ts located at 2530 Lynnhaven Parkway (GPIN #1465-83- 3 733) and contatns 3 124 acres CENTER VILLE- DISTRICT 1 The followtng condtttons shall be requtred One monument-style free-stan&ng stgn may be tnstalled on the parcel as tndtcated on the submttted stte plan There shall be no stgns tnstalled on the butldtng An on-site manager must be present durtng hours of 8 O0 a m to 500pm 3 No outstde speakers wtll be allowed Approval for encroachment tnto the extsttng dratnage easement for the vacuum spaces tn the rear of the stte must be granted by Ctty Counctl Hours of operatton for the car wash shall be 6 O0 a m to 10 O0 p m as provtdedfor tn the Condtttonal Zontng Agreement for this property recorded tn the Clerk's Office of the Circuit Court of the Ctty of Vtrgtnta Beach The site layout and overall design, landscaping, and bmldtng appearance shall be as provtded for tn the Condtttonal Zomng Agreement for thts property recorded tn the Clerk's Office of the Ctrcutt Court of the Ctty of Vtrgtnta Beach Thts Ordtnance shall be effective tn accordance wtth Sectton 107 OO of the Zontng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Tenth of Aprtl. Two Thousand One Aprtl 10, 2001 - 38- Item V-J. 5. PLANNING ITEM # 48026 (Continued) Voting 6-4 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Louts R Jones, Robert C Man&go, Jr, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay Mayor Meyera E Oberndorf, Barbara M Henley, Reba S McClanan and Nancy K Parker Counctl Members Absent Wtlham W Harrtson, Jr Aprtl 10, 2001 - 39- Item V-K. 1. APPOINTMENTS ITEM # 4802 7 B Y CONSENSUS, City Council RESCHEDULED the following appozntments BEACHES AND WA TER WA YS COMMISSION FRANCIS LAND HOUSE BOARD OF GOVERNORS PLANNING COMMISSION Aprd 10, 2001 - 40- Item V-K. 2. APPOINTMENTS ITEM it 48028 Upon motton by Vtce Mayor Sessoms, Ctty Counctl NOMINA TED: Susie IVhitehurst COMMUNITY SER VICES BOARD (to be appointed 4/24/01) lin accordance with Virginia State Code, Section 37.1-195, information on the above proposed appointee is available in the Office of the City Clerk] Aprtl 10, 2001 - 41 - Item V-K. 3. APPOINTMENTS ITEM # 48029 Upon NOMINATION by Vtce Mayor Sessoms, Ctty Counctl APPOINTED: Helen P. Shropshire Unexpired term thru 03/31/04 HEAL TH SER VICES AD VISOR Y BOARD Vottng 9-0 Counctl Members Vottng Aye Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Ltnwood 0 Branch, III, and Wtlham IV Harrtson, Jr Aprtl 10, 2001 - 42 - Item VI-N. 1. ADJOURNMENT ITEM #48030 BY CONSENSUS, City Counctl ADJOURNED at 4:50 P.M. Beverly 0 'Hooks, CMC Chtef Deputy Ctty Clerk Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtma Beach Vtrgtnta Aprtl 10, 2001 - 42 - Item VI-N. 1. AD JO URNMENT ITEM 1148030 BY CONSENSUS, Ctty Counctl ADJOURNED at 4:50 P.M. Beverly 0 Hooks, CMC Chtef Deputy Ctty Clerk Ctty Clerk Mayor Ctty of Vtrgtnta Beach Vtrgtnta Aprtl 10, 2001 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS 0 H M B A C M E S DATE April 3, 2001 U R H C A R P E W PAGE 1 R R E J L N N A S I A E I N O A D D R S L N U S L N N I O K O S C R O E E A G R E M O AGENDA H E N Y S N O F R S N ITEM # SUBJECT MOTION VOTE I/A CITY COUNCIL WORKSHOP 1 Economm V~tahty 2 Safe Commumty 3 Pohcy and Dcms~on Support- rcscheduled II/A BRIEFING E Dean Block, D~r, Department duvenfle Detenbon Center of Pubhc Works III/IV CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y / V/VI~ E F MINUTES March 27, 2001 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y H/I PRESENTATION/PUBLIC HEARING Ordinance scheduled for 31 st Street Development Agreements - April 10th Possible Amendments I/1 PUBLIC HEARING No Speakers TAX EXEMPTION - Sulhvan House, Inc J/l Resolution re re legislation designat~ng APPROVED 1 I-0 Y Y Y Y Y Y Y Y Y Y Y SULLIVAN HOUSE, INC., as TAX EXEMPT re all state and local real estate and personal property (DISTRICT 7 - PRINCESS ANNE) 2 Resolution to authorize Mayor execute Fourth APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y Amended Charter Agreement of SVJTA re Workforee Investment Act, including Memorandum of Understanding between chief elected offimals K APPOINTMENTS Rescheduled B Y C O N S E N S U S Beaches and Waterways Commission Commumty Services Board (CSB) Franms Land House Board of Governors Planning Comm~sslon L/M/ ADJOURNMENT 3 35 PM N SCHEDULE: RESOURCE MANAGEMENT PROCESS-REVISED Topic Location Date/T~me Quahty Education for Lffettme Leamtng Workshop Conference Room April 10tb Proposed FY 2001-02 Resource Management Plan Pubhc Heanng April 12a Pnncess Anne High School 6:00 PM Quahty Physical Environment/Operational Support Workshop Conference Room April 17a 2:00 PM Cultural & Recreatmnal OpportunmesfFamfly Youth Opportumt~es Workshop Conference Room April 24tb J Proposed FY 2001-02 Resource Management Plan Pubhc Heanng April 24a Council Chamber 6:00 PM Reconmhat~on Workshop Conference Room May 1st Resource Management Plan - Adoption Spectal Meettng May 15a Counctl Chamber 4:00 PM