JUNE 12, 2001 MINUTESCITY COUNCIL
MAYOR MEYERA E OBERNDORF, At-Large
VICE MAYOR WILLIAM D SESSOMS, JR, At-Large
LINWOOD 0 BRANCH, III, Beach -Dtstrtct 6
MARGARET I.~ EURE, Centervdle - Dgstnct 1
WILLIAM W HARRISON, JR, Lynnhaven - Dgstnct 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, Kempsvdle - Dgstnct 2
NANCY K PARKER, At-Large
ROSEMARY WILSON. At-Large
JAMES K SPORE. Ctty Manager
LESLIE L. LILLEE Ctty Attorney
RUTH HODGES-SMITH, MMC, Ctty Clerk
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
CITY HALL BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE (757) 427-4304
FAX (757) 426-5669
EMAIL Ctycncl@ctty vtrgtnta-beach va us
June 12, 2001
I. CITY MANAGER'S BRIEFINGS
- Conference Room -
2:00PM
A.
B
Co
U.S. FIELD HOCKEY AGREEMENT
Sara Hensley, Director, Department of Parks and Recreation
THEATER DEVELOPMENT
Marcy Sims, Director, Department of Libraries
TOWING ORDINANCE
Captain Kenneth M. Lowe, Jr., Commanding Officer-Police Special Operations
and Chair, Towing Advisory Committee
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
- Conference Room -
4:30PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION:
Pastor James E. Womble
Lansdale Baptist Church
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
June 5, 2001
G.
AGENDA FOR FORMAL SESSION
The Consent Agend~ u411be determined during the Agem~ Re~iew Sewdon and considered in
the ordJll,~ty course of busJness by CJ(y Council to he etmcted by one motion.
m.
ORDINANCES/RESOLUTION
,
Ordinance to authorize the acquisition of temporary and permanent easements for the
Sandbridge drainage improvements, by either agreement or condemnation re stormwater
management.
(DISTRICT- 7 PRINCESS ANNE)
.
Ordinance to AUTHORIZE a temporary encroachment into a portion of the city-owned
canal, known as Bass Inlet, by WILLIAM J. and KIMBERLY B. EPSOM re pier,
bulkhead, boatramp construction and removal of a deteriorated ramp/pier at 2884
Bluebill Drive, Sandbridge Shores.
(DISTRICT- 7 PRINCESS ANNE)
.
Ordinance to AMEND the City's FY 2001-2002 operating budget by reducing
appropriations to the School's operating fund by $3,454,453 and the School grants by
$2,254,412.
.
Ordinance to APPROPRIATE $100,000 from the School's Food Services fired balance to
the FY 2000-2001 Food Service fund and increase estimated revenue accordingly.
,
Ordinance to DELAY THE EFFECTIVE DATE of a previously adopted ordinance (May
15, 2001) re TAX ON TRANSIENTS obtaining lodging in the City of Virginia Beach from
1 July to 1 November 2001. (Requested by Vice Mayor Sessoms)
0
Ordinance to APPROPRIATE $526,000 from the SheriffDepartment's special Revenue to
fund their FY 2001-2002 operating budget re Deputy's compensation.
.
Ordinance to TRANSFER $1,800,000 of FY 2001-2002 funds from the Convention Center
replacement to Pavilion Theater replacement to initiate work on the new theater.
.
Ordinance to ESTABLISH the SPORTSPLEX Special Revenue fund and TRANSFER
$300,000 re operation and maintenance.
,
Ordinance to TRANSFER $60,000 within the Department of Libraries FY 2000-2001
operating budget re acquisition of an automated library access and printing control system.
10.
Resolution to AUTHORIZE the City Manager to take all actions necessary to discontinue
placement of dredged spoils in LAKE WESLEY; and, to direct the Beaches and Waterways
Commission to undertake an assessment, evaluation of alterative sites and methods of spotl
disposal. (Requested by Councilman Branch)
I. PLANNING
PLANNING BY CONSENT - To be determined dunng the Agenda Review Session.
Application of LOPE B. & MERCY PILE and CORNELIUS F., JR. & ANTONIA
BOYNTON for the dtsconttnuance, closure and abandonment of a portion of Jersey Avenue
beginning at the south side of Virginia Beach Boulevard at Euclid Place, containing 5,607
square feet.
(DISTRICT 2 - KEMPSVILLE)
Recommendation:
APPROVAL
.
Applications of SALT MEADOW BAY, L.L.C.:
(DISTRICT 6- BEACH)
a. for the chscontinuance, closure and abandonment of a portion of:
(1)
Barberton Drive beginning on the south side of Laskin Road at Bean Garden,
containing 1.198 acres
(2)
Bean Avenue beginning on the eastern boundary of Barberton Drive at Bean
Garden, containing 17,154 square feet
(3)
South Barberton Drive beginning at the eastem boundary of Barberton Drive
at Bean Garden, containing 20,611 square feet
(4)
South Barberton Drive beginning at the western boundary of Barberton Drive
at Bean Garden, containing 10,188 Square feet
(5)
South Oriole Drive beginning at the eastern boundary of Barberton Drive at
Bean Garden, containing 6,774 square feet
b,
Change of Zoning District Classification from B-2 Community Business District and
R-7.5 Residential District to Conditional A-36 Apartment District on the south
side of Laskin Road south of Oriole Drive, containing 22.88 acres.
[Barberton Drive formerly Woodland Street]
Recommendation:
APPROVAL
,
Application of DOMINION BUILDING GROUP, INC. for a Change of Zoning District
Classification from R- 10 Residential District to Conditional B - 1 Neighborhood
Business District on the west side of South Birdneck Road north of Jackson Street (113
South Birdneck Road), containing 18,717 square feet.
(DISTRICT 6 - BEACH)
Recommendation:
APPROVAL
,
Application of Edward M. Todd, Trustee, KINGS GRANT BAPTIST CHURCH for a
Conditional Use Permit for a church addition on the west side of Little Neck Road north of
Newcastle Road (873 Little Neck Road), containing 4.4 acres.
(DISTRICT- 5 LYNNHAVEN)
Recommendation: APPROVAL
.
.
Application of CHURCH OF CHRIST at CREEDS for a Conditional Use Permit for a
church addition at 5500 Morris Neck Road, containing 8.88 acres.
(DISTRICT- 7 PRINCESS ANNE)
Recommendation:
APPROVAL
Application of COMMERCIAL INVESTMENT PROPERTIES, L.L.C. for an
AMENDMENT to the Green Run Land Use Plan to allow fuel sales (six gasoline pumps) in
conjunction with a convenience store at the southwest intersection of Buckner Boulevard and
S. Rosemont Road, containing 1.6 acres.
(PRINCESS ANNE- DISTRICT 7).
Deferred:
Deferred Indefinitely:
Recommendation:
September 26, 2000
October 24, 2000
November 28, 2000
January 23,2001
DEFERRAL
APPOINTMENTS
ARTS AND HUMANITIES COMMISSION
BEACHES AND WATERWAYS ADVISORY COMMISSION
COMMUNITY SERVICES BOARD (CSB)
HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC)
PARKS AND RECREATION COMMISSION
SHORE DRIVE ADVISORY COMMITTEE (SDAC)
SOCIAL SERVICES BOARD
TIDEWATER COMMUNITY COLLEGE BOARD (TCCB)
TIDEWATER REGIONAL GROUP HOME COMMISSION
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
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)
06/07/01 slb
AGENDA\06-12-01.pin
www.virginia-beach.va.us
OUR NA'~°~
MINUTES
VIRGINIA BEACH CITY COUNCIL
V~rg~ma Beach, V~rg~n~a
June 12, 2001
Mayor Meyera E Oberndorf called to order the CITY COUNCIL BRIEFING re THEATER
DEVELOPMENT tn the City Council Conference Room, Ctty Hall Butldtng, on Tuesday, June 12, 2001,
at2 30PM
Council Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Reba S McClanan, Robert C Mandtgo, Jr,
Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson
Counctl Members Absent
Vtce Mayor Wtllzam D Sessoms, Jr
[Out of Ctty on Business]
Louts R Jones [Out of City]
-2-
CITY MANA GER 'S BRIEFING
U.S. FIELD HOCKEY AGREEMENT
ITEM # 4824 7
The Presentation re the U.S. FIELD HOCKEY AGREEMENT was
rescheduled for a later date and due to a "computer glitch" was not
removed from the printed agenda
June 12, 2001
-3-
CITY MANA GER 'S BRIEFING
THEATER DE VEL OPMENT
2:30 P.M.
ITEM # 48248
Marcy &ms, Director of Ltbrartes, advtsed tn Aprtl, Ctty Counctl approved replacement of the Pavilion
Convention Center on the current stte Stnce the Pavilion Theater also needs to be replaced under thts plan,
the City Manager requested Marcy formulate a team to develop a process for a new Performance Theater
Team Members
Steve Thompson
Chief Financial Officer
Courtney Dyer
Pam Lingle
Jim Ricketts
Nicki Woolery
Convention and Visitor Development
Mark Wawner
Economic Development
Marcy Sims
Libraries
Mac Rawls
Emily Spruill
Museums and Cultural Arts
Betsy McBride
Media and Communications
Everette Herndon
Public Works
Marcy retterated the components of the process
1 Intenstve pubhc parttctpatton (arts groups, constttuenctes,
attendees)
2 Analysts of needs of the communtty (needs assessment, feastbthty
study, economtc analysts)
Result timely replacement of the theater Many groups are
dependent on the Pavthon as thetr home and downttme between
raztng the facthty and replactng st would be a problem
Thts project offers a phenomenal opportumty The Team also enhste, d the advice of a theater consultant who
advtsed relattve current trends tn theater destgn and location, components of a needs assessment and
feastbthty study and methods to recetve pubhc input and involvement of the arts communtty
Marcy outhned two processes The first, Plan A, was developed prtor to the Town Center opportumty was
betng proposed, and, the second, Plan B, wtll offer an alternative that fits wtthtn the ttme hne requtred,
tf the performtng arts theater ss to be a part of the Town Center project
Recommended Process: Plan A
I Ctty staff develop a Request for Proposal for consultant
services
First Component: needs assessmentwhtch tncludes an extenstve
communtty involvement and tnput process, tntervtews wtth arts
groups, arttsttc &rectors, board members, attendees, general
communtty, current users of the Pavthon Theater
.June 12, 2001
-4-
CITY MANA GER 'S BRIEFING
THEATER DEVELOPMENT
ITEM # 48248 (Continued)
Consultant develops a building program from this information,
which includes type of faczhty, number of seats, space allocated
for rehearsal space, office, administration and studios
Analysis of Sites Potential sites are analyzed tn hght of their
abthty to accommodate the facility described by the budding
program
Financial Analysis including an operating pro forma, a three
year analysis of potential revenues and operating costs, even
includes scheduhng charette to determine a potential yearly
schedule of performances
(Consultant services of this type are not inexpensive Informal estimates
range from $85,000-150, 000)
2 City Manager to appoint a Performing Arts Theater Advisory
Committee.
Purpose
- client to the consultant
- llnk to City Council
- help organize, pubhctze and host the pubhcforums
and other mechanisms for community input
- present recommendations
Composition
Small group 9-11, City staff and commumty leaders from
aggregate and regional arts umbrella groups i e Arts and
Humanities Commission, Cultural Arts Alliance and civic
groups as Council of Civic Organizations, Chamber of
Commerce and Virginia Beach Foundation Two members
of City Council are recommended to serve as Ex-Officio
members The idea of recommending representatives from
specific arts groups was explored, but dismissed as this
would result in approximately a 45-member committee
Selected consultant to perform the community needs assessment
and pubhc parttclpatton process within an estimated timeframe
of three (3) months
Performing Arts Theater Advisory Committee to present its'
recommendations to City Council
City Council will make the final decision on the facility and
direct staff to proceed
C~ty staff proceeds with architect selection and design, bidding
and construction
dune 12, 2001
-5-
CITYMANAGER'S BRIEFING
THEATER DE VEL OPMENT
ITEM # 48248 (Continued)
SCHEDULE
Est.
Action Est. Time to Completion
Complete Date
Present suggested process to Ctty Manager and CFO 05/31/01
Develop RFP for community needs assessment and pubhc process 06/07/01
Present RFP components and suggested process to Ctty Councd 06/12/01
Dtstrtbute/post RFP 15 days 06/2 7/01
Appotnt Performtng Arts Theater Advtsory Commtttee 07/15/01
Recetve proposals, evaluate and award contract for consultant 1 mo 07/27/01
Conduct needs assessment tncludmg pubhc parttctpatton 3 mo 10/31/01
PA TA C revtews report and present recommendattons to Counctl I mo 11/30/01
Adverttze, evaluate and contract for archttectural servtces 3 mo 02/28/02
Destgn 15 mo 05/31/03
Btd project and select contractor 3 mo 08/31/03
Construction 24 mo 08/31/05
Based on this time llne, tf Ctty Council approves this process construction of a Performing Arts Theater
can be completed tn August 2005 or in approximately 4years With a tentative date of July 2003for razing
the current Pavilion Theater, the prodected "downtime" between the razmg of the current theater and the
opentng ora new theater would be about 2 years Thts schedule does not tnclude a real estate acqutsttton
phase Should that be necessary, the schedule would need to be extended
On dune Ftfth, representattves from Town Center offered a proposal to locate a Performing Arts Theater
wtthtn the Town Center project The Ctty Counctl supported an exploration of that proposal, utthztng a
performtng arts theater consultant to be responstve to Armada Hoffler's ttme-hne for constructton and also
to reduce or ehmtnate the downttme between raztng the current theater and opentng a new one
The Team adjusted the process and ttme hne of Plan A to cotnctde wtth Ctty Counctl's destre to explore the
Town Center locatton wtthtn Armada Hoffler's destgn constructton ttme hne The Ctty Counctl requested
addtttonal tnformatton on the needs of the arts commumty, size and space allocations for a facthty to meet
those needs and an esttmate of on-gotng costs to have the optton to embrace the opportumty from Armada
Ho filer
Plan B - Performing Arts Theater at Town Center
1 Staff to develop and adverttze a Request for Proposal for
consultant servtces
· needs assessment
· butldtngprogram
· stte evaluation of the Town Center site
esttmated operattng costs -tncludes a look at
comparable facthttes and thetr esttmated operattng costs
· Thts part of the work Phase I completed September 30, 2001
Selected consultant performs commumty needs assessment and
Town Center stte survey- consultant would begtn work duly 1,
2001 and complete work by Sept 30
3 Ctty staff and consultant present recommendattons to City
Counctl
4 Ctty Council to make the final dectstons and chrect Ctty staff
dune 12, 2001
-6-
CITY MANA GER 'S BRIEFING
THEATER DE VEL OPMENT
ITEM # 48248 (Continued)
Part of this dtrectton could be to move tnto Phase II of the consultants work whtch could entail revtewtng
other sttes or provtde more detaded financtal analysts
*Components o f the phased approach to the Consultant's study
Needs assessment same tntenstve tnput from the arts groups, communtty
Building program consultant develop a written plan of space allocatton
that meets those needs, seats, rehearsal space, offices, etc
Site evaluation of the Town Center site: Gtven the stze and space
allocations necessary, wtll Town Center accommodate tt and
be a good locatton?
Estimated Cost of Operations provtde a range ustng the operattng costs
of comparable factltttes
If NO on site evaluation, Phase H tncludes an analysts of other sites
If YES, Phase II tncludes more detatled financtal analysts on a
Performing Arts Theater at Town Center and programmtng charette
wtth potenttal users of the theater
S CHED UL E
Est.
Action Est. Time to Completion
Complete Date
Develop RFP for commumty needs assessment and s~te evaluatton 06/08/01
D~str~bute and post RFP 10 days 06/22/01
Receive and evaluate proposals and award contract 8 days 06/30/0]
Conduct needs assessment and stte analysts 90 days 9/30/01
Present recommendations to Ctty Counctl 10/02/01
Destgn 6 mos 3/30/02
Constructton 18 mos 09/30/03
A PerformingArts TheaterAdvisory Group ts not hsted, but can be included under thtsplan, however, the
members would have to be appotnted qutckly and must be aware the majortty of thetr work would be
accomphshed tn duly and August 2001
Thts Plan also assumes the destgn and constructton components are under the ausptces of the Town Center
project or have been worked out tn order to be fast tracked as proposed by Armada Hoffler
The Team esttmates posttng the Request For Proposal unttl dune 22, 2001, which ts ten (10) days from
today In order to make thts ttme hne work, the Team proceeded with adjusttng the RFP and dtstrtbuted tt
as of yesterday morntng ustng thephased approach to the needs assessment, butldtngprogram, site analysts
and financtal analysts To proceed wtth adverttstng tt tn thts way and gtvtngpotenttal btdders suffictent ttme
to reply was really the only way the Team can make the Plan B Town Center optton work and provtde Ctty
Counctl wtth the tnformatton requested to make an tnformed dectston regardmg thts stte by September 30,
2001
Under Plan B, tt ts possible for a Performing Arts Theater to open tn the Fall of 2003, which would result
tn vtrtually no downttme between the raztng of the Pavthon theater and opening a new theater located tn
Town Center However, tf Ctty Counctl prefers the first approach or some vartatton thereof, the RFP can
easily be adjusted by tssutng an addendum or retracttng thts RFP
Council Lady Henley was under the tmpresston, the Ctty Counctl was sttll under the optton stage and a
defimte dectston had not been made regardtng replacement of the Convention Center The Ctty Manager
advtsed the Ctty Counctl sttll has opttons avatlable After several meetings, the adjacent Doubletree Hotel
has been gtven a date tn dune to respond regardtng thetr proposal to upgrade thetr hotel to become a
"Conference" Hotel Potenttal land swamps tn terms of a parktng structure and utthztng porttons of their
extsttng tennts courts and parktng for part of the butldtng program as well as developtng a new jotnt
entrance into the property are under dtscusston Dependmg upon thetr response, the Ctty Manager wall
advtse Ctty Counctl etther the last meettng tn dune or the first meettng tn duly
dune 12, 2001
-7-
CITY MANA GER 'S BRIEFING
THEATER DEVELOPMENT
ITEM # 48248 (Continued)
Relattve the Ordtnance to TRANSFER $1,800,000 of FY 2001-2002funds from the Convention Center
replacement to Pavilion Theater replacement to tntttate work on the new theater, Marcy advtsed
approxtmately $85,000 to $150,000 of the proposed $1,800,000 would cover the consulttngfee Marcy
advtsed the RFP hst conststed of approxtmately ten (1 O) consultants Portions of these fund~ would also be
for the archttects 'fees Counctl Lady McClanan requested the expendttures contained tn thts transfer of
$1,800,000, be tentattvely outhned
At the present time, the Pavthon staff absorbs the cost of operattng the Pavthon Theater, therefore there ts
not a separated cost for operatmg the theater
Counctlman Branch tnqutred relattve the Pavthon Theater Courtney Dyer advised the Pamhon Theater,
currently houses 144performances a year (45 to 50 different chents) These chents range from the local arts
groups supported by the Arts and Humantttes Commtsston to local dance schools, the Virginia Beach
Forum and youth events The average attendance ts five hundred forty-four (544) per event Thts ranges
wtdely The Virginia Musical Theater ts one of the prtme tenants and has been with the theater for
approxtmately ten (10)years, conducttng as many as fifty-two (52)performances per year However, the
average attendance does not reach capactty The Virginia Symphony does student performances wtth
students betng bussed tn to attend these cultural programs If the current theater ts renovated, Mr Dyer
stated the tntttal plan ts to make upgrades to the facthty to comply wtth American with Disabilities (ADA)
requtrements A venue thts stze would not accommodate the tourtng Broadway Shows The Pavthon Theater
ts generically destgned and ts not a symphony hall wtth the same acousttcal properttes, however, tt ts a good
generalpurpose theater Many ttmes, addtttonal sound retnforcement must be contracted for complex events
The fly space separates the Pavthon from a htgh school auditorium All of thts data wtll be made avatlable
to the consultant
The Ctty Manager advtsedprehmtnary concepts of a new Conventton Center couM bepresented tn October
Marcy retterated tn Phase I an estimated Operattng Cost, based on stmtlar stze theaters and venues, would
be provtded A more detatled analysts would be provtded tn a later phase
Mayor Oberndorf expressed apprectatton to Marcy and her Team for their report
dune 12, 2001
-8-
CITY MAI NAI GER '$ BRIEFING
TOWING ORDINANCE
3:28 P.M.
ITEM # 48249
Captatn Kenneth M Lowe, Jr, Commandtng Officer - Pohce Spectal Operattons, Chatr- Towing Advisory
Board, advtsed the members of the Towing Advisory Board are appotnted by Counctl for a 3-year pertod,
the current board was appotnted duly 1, 2000, and thetr term exptres dune 30, 2003 The Towing Advisory
Board commenced meettng tn March and every week thereafter and has requested changes be made to
vartous ctty codes pertatnmg to the towing of vehicles from prtvate property The Pubhc parttctpated tn
these dtscusstons Several concerns were addressed (1) required signs (2) notification of who to call to
recover a towed vehicle, (3) tow, drop and storage fees (4) tow truck operator's logs, and (5) in City storage
lot restrictions.
Change wording on parking lot advisory signs, whtch tncludes
posttton of phone numbers and the process by whtch a motortst
retrteves a towed vehicle, and, changes to requirements for the
matertals used to manufacture the signs
2 Increase certain towing, sWrage, drop and title search fees
3 Clarify section 21-428 pertaining to tow truck logs (records)
4 Revise section 21-429 pertatntng to storage of towed vehtcles
Re stgns, the Board recommends language that ts less restrtcttve and allows the use of reflectortzed matertal
equal tn grade to that used by the Ctty The proposed code revtstons also spectfy the actual tow truck
company be hsted on the stgns located onprlvateproperty as theparty to be contacted about a towed vehtcle
rather than the 911 Emergency Communtcattons Center Thts will dramattcally reduce the workload for
Emergency Communtcattons personnel whtle speedmg up the process for ctttzens to recover thetr vehtcles
The 911 Emergency Communtcattons Center wtll stt[[ be advised of every vehtcle that is a non-consensual
tow no matter tf towed from prtvate property or under pohce authortty
For vehtcles of 20, OOO pounds or less the Board recommends ratstng the drop fee from $15 to $25, for
vehicles over 20,001 pounds, a drop fee of $75 ts recommended due to the largest wrecker requtrements for
vehtcles of that stze
The present tow fees were estabhshed tn 1996 and categorized vehtcles tnto those under and over 11,000
pounds tn wetght The Towtng Advtsory Board recommends that vehtcles be dtvtded tnto 3 wetght categories
wtth different fees for the dtfferent wetght For vehtcles of ll, OOOpounds or less, tt ts recommended that the
fee allowed by Ctty Code be ratsed to meet the current state allowance of $85 The Board further
recommends that the fee be ratsed an addttton $10 one year later The fees for vehtcles 11,001 to 20,000
pounds would rematn at the current $250, however, an addtttonal category has been added to address the
largest of towed vehtcles The third category would be for vehtcles of 20, O01 pounds or greater and a fee
of $350 has been recommended As wtth the smallest vehtcles, the Board has recommended the fee for the
largest vehtcles be ratsed $100 (to $450) one year later The Board addressed theproblem where a wrecker
operator may separate the tractor and trailer of a very large tow and then tow each ptece separately, thus
earmng two separate tow fees The Board recommends the Code be changed to authortze a total tow fee not
to exceed $500.
Storage fees have not been changed since thetr enactton tn 1993 The Board proposes that the datly storage
fee be ratsed from the current $10 to $20per day after the initial 24 hourperiod Thts mcrease should brtng
the fee tn hne wtth current prtcesfor land, personnel costs, insurance costs, operattng costs, etc Relattve
the Title Search Fee, the Board proposes amendtng the City Code to require this search 7 days after the
vehtcle ts towed and recommends ratsmg the fee allowed to $50 Thts recommendation ts necessary to
conform to State Code 3~ 43-32 whtch requtres that the vehtcle owner/hen holder be nottfied of the vehicle
locatton wtthtn 7 days of the tow tfa hen ts to be placed on the vehtcle, and to cover the costs assoctated wtth
the Department of Motor Vehtcles (IS-25), the tttle search, and owner nottficatton by regtstered letter,
return recetpt requested
The Board recommends the tow truck operator's log be replaced with a computerized record, so as to allow
for electrontc storage of the tnformatton and further recommends a specific ttme pertod for completion of
thts record (within 30 minutes of hookup) be added to the code The 911 Emergency Communications
Center wtll conttnue to be advtsed of all non-consensual tows The Board proposes the tow truck servtce be
spectfied as the responstble party for retaining these records The code states all records must be retatned
for a pertod of not less than one year
June 12, 2001
-9-
CITY MANA GER 'S BRIEFING
TOWING ORDINANCE
ITEM # 48249 (Continued)
The Board recommends City Code § 21-429 be changed to allow vehicles to be towed to the nearest storage
facthty operated by the tow truck servtce as long as the servtce (a) also operates a storage facihty tn the
City of Vtrgtnta Beach, and (b) has a vahd busmess hcense authortzmg the tow truck servtce to do busmess
tn both locahttes
Captatn Lowe cited Alternative Curses of /lction
No 1 Conttnue operattons ustng the present codes
No 2 Dtsband the towing Advtsory Board and allow state code to
dtctate tow rates
No 3 Dtsband the Towing Advtsory Board and allow free
enterprtse to dtctate tow rates
No 4 Modtfy theproposed rates suggested by the Towtng Advtsory
Board
No 5 Accept the recommendattons of the Towtng Advtsory Board
Art Walker, Member- Towtng Advtsory Board, advtsed the operators are on call 24-hours a day Other than
DUI'S (Driving Under the Influence), the vehtcles towed must be released wtthtn 2 hours
Concern was expressed relattve the suggested cost tncreases for larger vehicles
Captatn Lowe advtsed approximately 14, 000 cars were towed tn the year 2000 Stattsttcs shall be provtded
from COMIT concerntng the ttme requtrements and costs tnvolved of Pohce personnel regardtng towtng
Captatn Lowe was coordmattng wtth COMIT and the Ctty Attorney's office regardtng the utthzatton of tow
truck operators and the concern of restrtcttngfree trade A process ss bemg developed where all tow truck
operators who meet a certatn crtterta for utthzatton wtll be placed on the Pohce Prectnct Ltsttng of
operators
Informatton relative the concept of "boottng" and cost as compared to towing shall be provtded
A PUBLICHE/IRING shall be scheduled for the Ctty Counctl Sesston of June 26, 2001, and the Ordmances
shall be scheduled for the Ctty Councd Sesston of July 3, 2001
June 12, 2001
- 10-
AGENDA RE VIE W SESSION
4:07P. M.
ITEM # 48250
ORDINANCES/RESOL UTION
H 10r&nance to authorize the acquisition of temporary and
permanent easements for the Sandbridge dratnage
improvements, by etther a~reement or condemnatton re
stormwater management. (DISTRICT- 7 PRINCESS
ANNE)
Counctl Lady Henley was advised there would not be any dwelhngs tmpacted wtth these easements
ITEM # 48251
H 3 Ordinance to AMEND the Ctty's FY 2001-2002 operating
budget by reductng approprtattons to the School's operating
budget by $3,454,453 and the School grants by $2,254,412
Relattve Counctlman Branch's concern, Catheryn Whttesell, Director of Management Resources, advtsed
there was a $3.5-MILLION drop tn the State budget and an increase tn Federal Grants of $2.4-MILLION
Portions of the School fundtng reductton were to be utthzed by the Smart Start Program (extenston of the
school year) and a VRS reductton
Due to the lack of a State budget, there may be some spora&c tssues tn terms of servtce tssues Some of the
City agenctes are bern# requested to submit a 6% reductton
ITEM # 48252
I5
Ordtnance to DELAY THE EFFECTIVE DATE of a
previously adopted or&nance (May 15, 2001) re TAX ON
TRANSIENTS obtatnmg lodging tn the Ctty of Vtrgtnta
Beach from 1 July to 1 November 2001 (Requested by Vtce
Mayor Sessoms)
Counctlman Harrtson expressed concern as to the late effective date Councilman Branch advtsed the Hotel
and Motel Assoctatton advtsed as thts tax was only adopted on May 15, 2000, hotels have booked many
groups t e Shrtners, Columbus Day Soccer Groups, where the tax rate ts tncluded tn the actual btdprtce for
the group The accounting hurdles would be very dtfficult The real tssue ts the tax wtll extst as long as
reqmred for the payment of the Conventton Center and the Theater
Counctl Lady Eure advtsed she couM not support thts Ordtnance
This item wtll be chscussed durtng the Formal Sesston The City staff shall also respond to tnqutrtes during
the Formal Sesston
ITEM # 48253
H 6 Ordinance to APPROPRIATE $526,000 from the Shertff
Department's special Revenue to fund thetr FY 2001-2002
operattng budget re Deputy's compensation.
Sher~f Lantetgne advtsed the recurrmg costs to the Ctty for the next Ftscal Year will be approxtmately
$346,000. Counctl Lady McClanan expressed concerns relattve salary mcreases Shertff Lantetgne advised
a spread sheet was provided deptcttng thepohce recrutt's startmg salary ts $29,317 and a starttng Deputy's
pay ts $26,329. The Ctty attempts to provtde a 10% dtfferenttal between a pohce officer and a deputy
Effecttve July Ftrst, a pohce officer wtth the 7% adjustment wtll result wtth the starttng pohce officer's
salary bemg $31,418. If the starting deputy's salary were to remain the same, this provtdes a 16.2%
dtfferenttal or $5,089.
Catheryn Whttesell advtsed every pohce officer, who ts not at the top of thetr range wtlt recetve a 4 1/2%
increase Those officers at the entry level could recetve more than that based on the market adjustments
Assumtng thetrjob performance ts adequate, those officers at the top of the scale will recetve at least a 2%
pay ratse Wtth the exceptton of the Health and the Shertff's Department, all other "State employees" are
actually on the Ctty's pay plan Counctl Lady McClanan will vote NAY on thts ttem
June 12, 2001
-Il-
AGENDA RE VIEW SESSION
ITEM # 48254
H 7 Ordinance to TRANSFER $1,800,000 of FY2001-2002
funds from the Conventton Center replacement to Pavilion
Theater replacement to initiate work on the new theater.
Catheryn Whttesell dtstrtbuted pages deplcttng the Theater project and the Conventton Center from the
Capttal Improvement Plan In 2003, $2.5-MILLION ts planned $1.8-MILLION ts for the design work on
the Theater prodect, which meant nothing could happen on thts project until July 1, 2002 Thts Or&nance
ts to advance thts design element So, there ts not too great a lap when the old theater comes down and the
new theater ts open for business Next year, part of the $2.5-MILLION approprtatton wtll be moved back
to the Convention Center Therefore, $1.8-MILLION ts being swapped between the two years The
Conventton Center schedule wtll not harmed
Councdman Harrison wtll ABSTAIN as Armada Hoffler ts a chent of his law firm As the appearance of
impropriety extsts, he wdl refratn from vottng There ts some appearance that this theater ts connected to
the Armada Hoffler proposal for the Town Center
Counctl Lady Henley wtll vote NAY on thts item
ITEM # 48255
HIO Resolutton to AUTHORIZE the Ctty Manager to take all
acttons necessary to discontinue placement of dredged
spoils tn LAKE WESLEY, and, to direct the Beaches and
Waterways Commtsston to undertake an assessment,
evaluatton of alterattve sttes and methods of spoil dtsposal
(Requested by Councdman Branch)
Councdman Branch advtsed the City staff has concern relattve thts ttem Counctlman Branch beheves the
pubhc should be provtded more thorough tnformatton concerntngplacement of dredged sods There ts not
an extsttng long range plan for placement of dredged spods
Thts ttem shall be DEFERRED INDEFINITEL Y, BY CONSENT
ITEM # 48256
BY CONSENSUS, the followtng shall compose the CONSENT AGENDA:
H. ORDINANCES/RESOL UTION
Or&nance to authorize the acquisition of temporary and
permanent easements for the Sandbridge dratnage
tmprovements, by etther agreement or condemnatton re
stormwater management. (DISTRICT- 7 PRINCESS ANNE)
Ordtnance to AUTHORIZE a temporary encroachment into a
portton of the ctty-owned canal, known as Bass Inlet, by
WILLIAM J. and KIMBERL Y B. EPSOM re pier, bulkhead,
boatramp construction and removal of a deteriorated ramp/pier
at 2884 Bluebdl Drtve, Sandbrtdge Shores (DISTRICT- 7
PRINCESS ANNE)
Ordtnance to AMEND the Ctty's FY 2001-2002 operating
budget by reductng approprtattons to the School's operattng
fund by $3,454,453 and the School grants by $2,254,412
Or&nance to APPROPRIATE $100, O00 from the School's Food
Servtces fund balance to the FY 2000-2001 Food Service fund
and increase esttmated revenue accordtngly
Ordmance to APPROPRIATE $526,000 from the Shertff
Department's spectal Revenue to fund thetr FY 2001-2002
operating budget re Deputy's compensation.
June 12, 2001
- 12-
AGENDA RE VIEW SESSION
ITEM # 48256 (Continued)
Or&nance to TRANSFER $1,800,000 of FY 2001-2002funds
from the Conventton Center replacement to Pavilion Theater
replacement to initiate work on the new theater.
80rdtnance to ESTABLISH the SPOR TSPLEXSpecial Revenue
fund and TRANSFER $300,000 re operation and maintenance
Ordinance to TRANSFER $60,000 wtthtn the Department of
Libraries FY 2000-2001 operatmg budget re acqutsttton of an
automated library access and printing control system
10 Resolutton to AUTHORIZE the Ctty Manager to take all acttons
necessary to discontinue placement of dredged spoils tn LAKE
WESLEY, and, to &rect the Beaches and Waterways
Commtsston to undertake an assessment, evaluatton of alterattve
sttes and methods of spotl &sposal (Requested by Counctlman
Branch)
Counctl Lady McClanan wtll vote NAY on Item 6
Counctlman Harrtson wtll ABSTAIN on Item 7
Item 10 wtll be DEFERRED INDEFINITEL Y, B Y CONSENT
June 12, 2001
- 13-
AGENDA RE VIEW SESSION
ITEM it 48257
12 Apphcattons of SAL T MEADOW BA Y, L.L.C.
(DISTRICT 6- BEACH)
a for the dtsconttnuance, closure and abandonment ofa portton of
(1) Barberton Drtve begtnntng on the south stde of Lasktn Road
at Bean Garden, contatmng 1 198 acres
Bean Avenue begtnmng on the eastern boundary of
Barberton Drive at Bean Garden, contatntng 17,154 square
feet
South Barberton Drtve begtnntng at the eastern boundary of
Barberton Drtve at Bean Garden, contatntng 20, 611 square
feet
South Barberton Drtve begtnntng at the western boundary
of Barberton Drive at Bean Garden, contasmng 10,188
Square feet
South Orsole Drive begsnntng at the eastern boundary of
Barberton Drsve at Bean Garden, contasmng 6, 774 square
feet
Change of Zomng Dsstrsct Classt_ficatton from B-2
Community Business District and R-7.5 Residential
District to Conditional A-36 Apartment District on the
south stde of Laskm Road south of Oriole Drtve, contammg
2 88 acres [Barberton Drsveformerly Woodland Street]
Councdman Branch beheves there wsll be speakers regsstered on this stem Thss stem wdl be dtscussed
dursng the Formal Sesston
ITEM it 48258
13
Apphcatson of DOMINION B UILDING GROUP, INC. for
a Change of Zomng Dtstnct Classtficatton from R - 10
Residential District to Conditional B - 1 Neighborhood
Business District on the west sMe of South Btrdneck Road
north of Jackson Street (113 South Btrdneck Road),
containing 18, 717 square feet (DISTRICT 6 - BEACH)
Councdman Branch advtsed the apphcant has requested DEFERRAL until June 26, 2001.
ITEM it 48259
14
Apphcatson of Edward M Todd, Trustee, KINGS GRANT
BAPTIST CHURCH for a Condsttonal Use Permtt for a
church addition on the west stde of Little Neck Road north
of Newcastle Road (873 Ltttle Neck Road), contatntng 4 4
acres (DISTRICT- 5 L YNNHA VEN)
Councdman Harrtson referenced proposed amendment to Condttton 5
The three portable buddtngs (traders) shall be removed from the stte
l_ -~' .... ~'w___~_.Z~_ _ _~ _ -.~ ~"t ................... -11~--. .~ l- - _-l-I_k__..
than June 12, 2005
Mayor Oberndorf advtsed Reverend Holcomb contacted her and advtsed the Sanctuary ts planned to be budt
first The Traders are not seen from the street
June IZ 2001
- 14-
AGENDA RE VIEW SESSION
ITEM # 48260
I6
Appltcatton of COMMERCIAL INVESTMENT
PROPERTIES, L.L.C. for an AMENDMENT to the Green
Run Land Use Plan to allow fuel sales (stx gasohne pumps)
tn conjunctton wtth a conventence store at the southwest
mtersectton of Buckner Boulevard and S Rosemont Road,
containing 1 6 acres (PRINCESS ANNE - DISTRICT 7)
Councd Lady Henley advtsed the apphcant ts requesttng an INDEFINITE DEFERRAL. The community
leaders were notified.
ITEM # 48261
B Y CONSENSUS, thefollowtng shall compose the PLANNING BY CONSENT AGENDA:
I1
13
14
15
16
Apphcatton of LOPE B. & MERCY PILE and
CORNELIUS F., JR. & ANTONIA BO YNTON for the
dtsconttnuance, closure and abandonment of a portton of
Jersey Avenue begtnntng at the south stde of Vtrgtnta Beach
Boulevard at Euchd Place, contatntng 5, 607 square feet
(DISTRICT 2- KEMPSVILLE)
Apphcatton of DOMINION B UILDING GROUP, INC. for
a Change of Zoning District Classtficatton from R - 10
Residential District to Conditional B - 1 Neighborhood
Business District on the west stde of South Btrdneck Road
north of Jackson Street (113 South Btrdneck Road),
contatmng 18, 717 square feet (DISTRICT 6 - BEACH)
Apphcatton of Edward M Todd, Trustee, KINGS GRANT
BAPTIST CHURCH for a Condtttonal Use Permtt for a
church addition on the west stde of Ltttle Neck Road north
of Newcastle Road (873 Little Neck Road), contatntng 4 4
acres (DISTRICT- 5 L YNNHA VEN)
Apphcatton of CHURCH OF CHRIST at CREEDS for a
Conditional Use Permit for a church addition at 5500
Morrts Neck Road, contatntng 8 88 acres
(DISTRICT- 7 PRINCESS ANNE)
Appltcatton of COMMERCIAL INVESTMENT
PROPERTIES, L.L.C. for an AMENDMENT to the Green
Run Land Use Plan to allow fuel sales (stx gasohne pumps)
tn conjunctton wtth a conventence store at the southwest
tntersectton of Buckner Boulevard and S Rosemont Road,
contatnmg 1 6 acres (PRINCESS ANNE - DISTRICT 7)
Item 3 wtll be DEFERRED, BY CONSENT, until the City Counctl Sesston of June 26, 2001
Item 4 wtll be APPROVED, with Condttton #5 Amended, BY CONSENT
Item 6 wtll be DEFERRED INDEFINITEL Y, B Y CONSENT
June 12, 2001
- 15-
CITY COUNCIL COMMENTS
4:35 P.M.
ITEM # 48262
Councilman Man&go advtsed on Thursday mght, dune 7, 2001, hts daughter was bttten by a stray cat when
plactng thetr trash can at the street Although not severely injured, she ts on some restrtcttons because of
the potenttal for rabies Animal Control was there at 9:00 P.M. that eventng wtth a trap The next morning
the cat was caught Counctlman Man&go was very pleased with the expe&ent and effecttve response of
Animal Control
Kempsvtlle ts now known as "bear country" Counctlman Man&go advtsed a bear was stghted at Kempsvtlle
Elementary on,June Ftfih The bear has been spotted twice on Grayson Road and he has heard tt was headed
toward Baystde
Mayor Oberndorf commented a visitor to Vtrgtnta Beach extended comphments and was very apprectattve
re the amazmg response of Animal Control on fin&ng and returmng her lost dog A black bear was
reported on Newtown Road tn the Wesleyan area The Ctty Manager wt[l provtde a report concerntng the
bear
Mayor Oberndorf advtsed the plans forpurchastng Open Space wtll asstst the ammals who are havtng thetr
habttats destroyed and have no place to go
·
ITEM # 48263a.
Council Lady Eure referenced delinquent taxes commenctng tn 1998 whtch were recently pubhshed tn the
paper One of the hsttngs mvolved a very large amount and the Ctty ts dotng bustness wtth this parttcular
apphcant Counctl Lady Eure wtshed to be advtsed if these amounts are cumulattve
ITEM # 48263
Counctl Lady Henley comphmented the drtver of the Tidewater Fibre Recycling Truck On her way to the
meettng today, she not~ced the drtver fevertshly attempttng to pick up all the trash whtch scattered from a
can dropped onto Prtncess Anne Road
dune 12, 2001
-16-
ITEM # 48264
Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the City Counctl Conference Room, City Hall Butl&ng, on Tuesday, June 5, 2001, at 4 40
PM
Counctl Members Present
Ltnwood 0 Branch, IIL Margaret L Eure, Wdham ~ Harrtson, dr,
Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr,
Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson
Counctl Members Absent
Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr
June 12, 2001
-17-
ITEM # 48265
Mayor Oberndorf entertatned a motion to permit Ctty Counctl to conduct tts CLOSED SESSION, pursuant
to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followmg purpose
PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of
prospective can&dates for employment, asstgnment, appotntment,
promotion, performance, demotion, salartes, dtsctphmng, or
restgnatton of specific pubhc officers, appointees, or employees
pursuant to Sectton 2 1-344 (A) (I)
To Wit
Boards and Commtsstons
Arts and Humantttes Commtsston
Beaches and Waterways Advtsory Commtsston
Community Servtces Board
Hampton Roads Planntng Dtstrtct Cotnmtsston
Parks and Recreatton Commtsston
Shore Drtve Advtsory Commtttee
Soctal Services Board
Ttdewater Commumty College Board
Tzdewater Regtonal Group Home Commtsston
PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the
acqutsttton of real property for a pubhc purpose, or of the dtsposttton
of pubhcly-held real property, where dtscusston tn an open meeting
would adversely affect the bargatmng posttton or negottattng strategy
of the pubhc body pursuant to Section 2 1-344(A)(3)
To-Wtt
Agrtcultural Reserve Program - Three (3) parcels
Prmcess Anne Dtstrtct
LEGAL MA TTERS Consultatton wtth legal counsel or brtefings by
staff members, consultants, or attorneys pertaining to actual or
probable httgatton, or other spectfic legal matters requesttng the
provision of legal advice by counsel pursuant to Sectton 2 1-344(A)(7)
To- Wtt 31st Street ProJect
Upon motton by Counctlman Harrtson,
into CLOSED SESSION.
Vottng 8-0
seconded by Councd Lady Eure,
City Counctl voted to proceed
Counctl Members Vottng Aye
Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Reba
S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf,
Nancy K Parker and Rosemary Wtlson
Counctl Members Vottng Nay
None
Council Members Absent
Ltnwood 0 Branch, IIL Louts R Jones and Vtce Mayor Wtlham D Sessoms, ,Ir
(Time of Closed Session: 5:05 P.M. to 5:25 P.M.)
June 12, 2001
-18-
FORMAL SESSION
VIRGINIA BEA CH CITY CO UNCIL
June 12, 2001
6:00 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, dune 12, 2001, at 6 O0 P M
Council Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr,
Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson
Counctl Members Absent
Vtce Mayor Wtlltam D Sessoms, dr
Louts R Jones
[Out of Ctty on Bustness]
[Out of Ctty]
INVOCATION
Pastor James E Womble
Landsdale Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
dune 12, 2001
Item V-E
- 19-
CER TIFICA TION OF
CLOSED SESSION
ITEM # 48266
Upon motton by Counctlman Harmson, seconded by Councd Lady Wtlson, City Counctl CERTIFIED
THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc business matters lawfully exempted from Open Meettng
requirements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch
thcs certtficaaon resolutton apphes,
AND,
Only such pubhc busmess matters as were identified tn the motion
convening the Closed Sesston were heard, dtscussed or considered by
Vtrgtma Beach Ctty Counctl
Vottng 9-0
Councd Members Votmg Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harmson, Jr,
Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wdson
Councd Members Vottng Nay
None
Councd Members Absent
Louts R Jones and Vzce Mayor Wdham D Sessoms, Jr
June 12, 2001
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Councd convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 48265, page 17, and m accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia reqmres a certification by the
govermng body that such Closed Session was conducted m conformity w~th Vlrglma law.
NOW, THEREFORE, BE IT RESOLVED: That the V~rgima Beach City Councd hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by V~rgima law were discussed ~n Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
Identified ~n the motion convening th~s Closed Session were heard, discussed or considered by
Virginia Beach C~ty Council.
~a~h Hodges~Smi'th, MMC
City Clerk
June 12, 2001
Item V-F. 1.
- 20-
MINUTES
ITEM # 48267
Upon motton by Counctlman Harrison, seconded by Counctl Lady Parker, Ctty Counctl APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of June 5, 2001.
l/ottng 9-0
Counctl Members Vottng Ave
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wilson
Counctl Members Voting Nay
None
Counctl Members Absent
Louts R Jones and Vice Mayor Wtlham D Sessoms, Jr
June 12, 2001
-21 -
Item V-G.I.
,4DOPT ,4 GEND,4
FOR FORM,4L SESSION
ITEM # 48268
BY CONSENSUS, Ctty Councd ,4DOPTED:
,4 GEND,4 FOR THE FORMAL SESSION
June 12, 2001
- 22 -
Item VI-G. 2.
RE COGNITION
ITEM # 48269
Mayor Oberndorf RECOGNIZED
MISS VIRGINIA BEA CH
ABBEY NICOLE DELK
Mtss Delk was accompanted by Polly Pearce Mayor Oberndorf advtsed Abbey wdl be a Junior at Mary
Washtngton College tn September and ts seekmg a degree tn Btology/Psychology wtth a concentratton tn
Mustc Abbey's area of interest ts Asthma and the tnflamatton of the lungs
She ts not only beautiful, but was named the "Hampton Roads Young Achtever" by WA VY TV, ts a member
of Nattonal Honor Society, National Soctety of Collegtate Scholars - Mary Washington College, recetved
the Daughters' of the Amertcan Revolution award, Vtrgtntan-Pdot Scholasttc Achtevement Award, Dady
Press Achtevement Award and Thtrd Place Wtnner tn the State Essay Contest "What ts rtght about Amertca"
Abbey has been swtmmtng smce she was stx months old For three years, she has taught a young boy John,
a bhnd member of the local swim club, how to swim Mayor OberndorfquotedAbbey "Although Ihave only
hved 19years, I beheve wtth all my heart that thts ts my greatest accomphshment of all, sharing not only
my ttme, but my sense of sight, so that another chtld may fulfill hts dream
Mayor Oberndorf presented Abbey wtth tokens of apprectatton from the Ctty
June 12, 2001
- 23 -
Item V-H.
ORDINANCES/RES OL UTION
ITEM #482 70
Upon motton by Counctl Lady Henley, seconded by Counctlman Harrison, Ctty Council APPROVED IN
ONE MOTION, Ordmances/Resolutton 1, 2, 3, 4, 6, 7 (AS AMENDED), 8, 9 and I 0 (DEFERRED) of the
CONSENT AGENDA.
Item 7 was AMENDED, BY CONSENT
Item 10 was DEFERRED INDEFINITEL Y, B Y CONSENT
Voting 9-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson
Counctl Members Voting Nay
None
Counctl Members Absent
Louts R Jones and Vtce Mayor Wtlham D Sessoms, dr
Counctl Lady McClanan voted a VERBAL NAY on Item 6
Counctlman Harrison ABSTAINED on Item H 7 (Pavthon Theater replacemen0 as Armada Hoffler ss a
chent of hts law firm There ss some appearance that thts theater wtll be connected to the Armada Hoffler
proposal for the Town Center As the appearance of impropriety exists, he wtll refrain from vottng
June 12, 2001
- 24 -
Item V-H. 1.
ORDINANCES/RES OL UTION
ITEM #482 71
Upon motton by Counctl Lady Henley, seconded by Counctlman Harrison, Ctty Counctl ADOPTED
Ordtnance to authorize the acquisition of temporary and permanent
easements for the Sandbridge dratnage tmprovements, by either
agreement or condemnation re stormwater management.(DISTRICT- 7
PRINCESS ANNE)
Voting 9-0 (By Consen0
Councd Members Vottng Ave
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Reba S McClanan, Robert C Mandtgo, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wilson
Counctl Members Vottng Nay
None
Council Members Absent
Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr
June 12, 2001
ORDINANCE NO.
AN ORDINANCE TO AUTHORIZE
ACQUISITION OF TEMPORARY AND
PERMANENT EASEMENTS FOR
SANDBRIDGE DRAINAGE IMPROVEMENTS,
PRINCESS ANNE DISTRICT (ClP 7-144),
EITHER BY AGREEMENT OR
CONDEMNATION
WHEREAS, on April 13, 1999, the Councd of the C~ty of Virginia Beach did
authorize the acquisibon of certain easements, by agreement or condemnation, shown on
3 a drawing attached to the Ordinance No. 99-2526C adopted on the aforesaid date; and
WHEREAS, since that time, the design of the Sandbridge Drainage
5 Improvements Project, CIP 7-144 has been rewsed necessitabng the acquisition of
addibonal easements beyond the scope of those previously approved by the Council of the
? C~ty of Virginia Beach on April 13, 1999, and
WHEREAS, in the opinion of the Council of the City of Virginia Beach,
Virginia, a public necessity exists for the construction of th~s important drainage project
and improvements to provide adequate drainage for the preservation of the safety, health,
peace, good order, comfort, convenience, and for the welfare of the people in the City of
Virginia Beach and for other pubhc purposes.
Z3
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
15
1. That the Council of the City of Virginia Beach authorizes the
acquisition by purchase or condemnation pursuant to Sections 15 2-1901, et seq., Code
~_ ? of V~rgin~a of 1950, as amended, of all those certain temporary and permanent easements
for the Sandbridge Drainage Improvements, CIP 7-144 (collectively, the "Easements") as
shown on sheets 4, 5, 6, 7, 8, and 9 of 10 as a part of those certain project plans entitled
"Sandbndge Storm Sewer, CIP 7-144" (collectively, the "Project"), and more specifically
~. ~. described on the acquisition plats for the Project (plans and plats collectively, the "Plans"),
the Plans being on file in the Engineering D~vision, Department of Public Works, City of
Virginia Beach, Virginia.
2 4 2 That the C~ty Manager ~s hereby authorized to make or cause to be
25
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made on behalf of the C~ty of V~rg~ma Beach, to the extent that funds are avadable, a
reasonable offer to the owners or persons having an interest m the Easements If refused,
the C~ty Attorney ~s hereby authorized to Institute proceedings to condemn the Easements
29
day of
Adopted by the Councd of the CIty of V~rg~ma Beach, Virg~ma, on the 12th'
June
,2001
CA-8085
R-1
PREPARED CBCNTV
APPROVED AS TO CONTENT:
S~gna~e
Department
APPROVED AS TO LEGAL
. ,~......_IENCY AND FOR.M
C~ty Attorney ~
MAY ] '7 2001
SANDBRIDGE DRAINAGE IMPROVEMENTS
PROJECT EASEMENT AcquISITION
CIP 7 - 144
.%..
i /
.... ,..;
, ,~'~
,.
.%.
..
..
- 25 -
Item V-H. 2.
ORDINANCES/RES OL UTION
ITEM #482 72
Upon morton by Councd Lady Henley, seconded by Councdman Harrtson, City Councd ADOPTED
Ordtnance to AUTHORIZE a temporary encroachment tnto a portton of
the ctty-owned canal, known as Bass Inlet, by WILLIAM J. and
KIMBERL Y B. EPSOM re pier, bulkhead, boatramp construction and
removal of a deteriorated ramp/pier at 2884 Bluebdl Drtve, Sandbrtdge
Shores (DISTRICT- 7 PRINCESS ANNE)
The followtng condtttons shall be required
The temporary encroachment shall be constructed and
mamtamed tn accordance wtth the laws of the Commonwealth of
Vtrgtma and the Ctty of Vtrgtnta 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
City to the apphcant and, wtthm thtrty (30) days after such
nottce 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 mdemntfy and hoM harmless the Ctty, tts
agents and employees from and against all clatms, damages,
losses and expenses, tncludtng reasonable attorney's fees tn case
tt shall be necessary to file or defend an actton artsmg out of the
location or extstence of the temporary encroachment
Nothtng heretn contained shall be construed to enlarge the
permtsston and authortty to permtt the maintenance or
constructton of any encroachment other than that spectfied
hereto and to the hmtted extent spectfied hereto, 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 unsightly or a hazard
The apphcant must obtam a permtt from the Office of
Development Servtces Center~Planning Department prtor to
commenctng any constructton wtthtn the encroachment area
The apphcant shall obtatn and keep tn force all rtsk property
msurance and general habthty or such insurance as ts deemed
necessary by the Ctty, and all tnsurance pohctes must name the
Ctty as addtttonal named insured or loss payee, as apphcable
The apphcant must also carry comprehenstve general ltabtltty
msurance tn an amount not less than Ftve Hundred Thousand
Dollars ($500,000), combtned single hmtts of such tnsurance
pohcy or pohctes The apphcant must provtde endorsements
provtdtng at least thtrty (30) days'wrttten notice to the Ctty prtor
to the cancellatton or termmatton of or matertal change to, any
of the tnsurance pohctes The apphcant assumes all
responstbthttes and habthttes, vested or contingent, wtth relatton
to the temporary encroachment
8 The temporary encroachment must conform to the mtntmum
setback requtrements as estabhshed by the ctty
June 12, 2001
Item V-H. 2.
- 26-
ORDINANCES/RESOL UTION ITEM #482 72 (Continued)
10
The apphcant must submtt for revtew and approval, a survey for
the encroachment area, certtfied by a regtstered professtonal
engmeer or a hcensed land surveyor, and/or "as butlt" plans of
the Temporary Encroachment sealed by a regtsteredprofesstonal
engtneer, if required by etther the City Engtneer's Office or the
Engtneertng Dtvtston of the Pubhc Utthttes Department
Prtor to tssuance of a Rtght-of- Way Permtt, the apphcant must
post a Performance Bond The amount of the bond shall be
determtned by the Department of Planmng, Development
Servtces Center (DSC) at the tttne of stte development plan
revtew
Vottng 9-0 (By Consen0
Counctl Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wilson
Counctl Members Vottng Nay
None
Counctl Members Absent
Louts R Jones and Vtce Mayor Wtlltam D Sessoms, Jr
June 12, 2001
I Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT INTO A
PORTION OF AN EXISTING CITY OWNED
CANAL KNOWN AS BASS INLET BY WILLIAM
J EPSOM AND KIMBERLY B EPSOM, THEIR
HEIRS, ASSIGNS AND SUCCESSORS IN
TITLE
WHEREAS, W~ll~am J Epsom and K~mberly B Epsom, desire to construct
and maintain a p~er, bulkhead, and boat ramp ~nto a port~on of the C~ty owned canal
known as Bass Inlet located at the rear of 2884 Bluebell Drive
12
WHEREAS, C~ty Council ~s authorized pursuant to §§ 15 2-2009 and 15 2-
13 2107, Code of V~rgm~a, 1950, as amended, to authorize a temporary encroachment upon
the C~ty's right-of-way subject to such terms and condibons as Council may prescribe
15
NOW, THEREFORE BE IT ORDAINED BYTHE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
That pursuant to the authority and to the extent thereof contained ~n §§ 15 2-
18 2009 and 15 2-2107, Code of V~rg~ma, 1950, as amended W~ll~am J Epsom and K~mberly
Epsom their he~rs, assigns and successors ~n btle are authorized to construct and
2 0 maintain a temporary encroachment for a p~er, bulkhead, and boat ramp ~nto a port~on of
21 the C~ty owned canal known as Bass Inlet as shown on the map enbtled "EXHIBIT "A"
22 PROPOSED ENCROACHMENT OF A PIER BULKHEAD & BOAT RAMP FOR WILLIAM
23 J EPSOM LOT 23, SANDBRIDGE SHORES, SECTION lA - SOUTH AREA
24 LYNNHAVEN DISTRICT VIRGINIA BEACH, VA (M B 72 PG 2) DATE FEBRUARY 14,
2 5 2001 ", a copy of which ~s on file ~n the Department of Public Works and to which reference
2 6 iS made for a more particular description, and
2'7
BE IT FURTHER ORDAINED, that the temporary encroachment ~s expressly
2 8 subject to those terms, cond~bons and criteria contained ~n the Agreement between the
2 9 C~ty of V~rg~ma Beach and Will~am J Epsom and K~mberly B Epsom, (the "Agreement")
3 0 which ~s attached hereto and ~ncorporated by reference, and
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35
BE IT FURTHER ORDAINED that the City Manager or h~s authorized
demgnee ~s hereby authorized to execute the Agreement
day of
Adopted by the Council of the C~ty of V~rg~n~a Beach, V~rg~n~a, on the ~
June
,2001
12th
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39
CA-~
PWALDO\BLUEBILL\EPSOM.ORD
R-1
PREPARED 5123101
API:~r~VED AS TO CONTENTS
~.~,) SIGNAT~JRE
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND'F~RM
CITY A'J'TORNEY
PREPARED BY VIRGI~IIA BEACH
CITY ATI'ORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58 1-81 l(a)(3)
AND 58 1-81 l(e)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this 27thday of April ,2001 , by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and WILLIAM J. EPSOM AND KIMBERLY B EPSOM, 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 23, SANDBRIDGE SHORES, SECTION lA- SOUTH
AREA LYNNHAVEN DISTRICT" and being further designated and described as 2884 Bluebill
Drive, Virginia Beach, Virginia 23456, and
That, WHEREAS, it is proposed by the Grantee to construct and maintain a pier,
bulkhead, and boat ramp, "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 owned canal known as Bass
Inlet "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 2433-34-3442
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 ENCROACHMENT OF
A PIER, BULKHEAD, AND BOAT RAMP FOR WILLIAM J
EPSOM LOT 23, SANDBRIDGE SHORES, SECTION lA-
SOUTH AREA LYNNHAVEN DISTRICT VIRGINIA BEACH,
VA (M B 72 PG 2) DATE FEBRUARY 14, 2001," 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 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 ~s 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 mmntenance and construction of any encroachment by anyone other than the
Grantee
It is further expressly understood and agreed that the Grantee agrees to mmntain the
Temporary Encroachment so as not to become unsightly or a hazard
It is further expressly understood and agreed that the Grantee must remove the
existing pier and ramp ~n disrepair
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 the Grantee must obtain and keep
in force all-risk property insurance and general liability or such insurance as is deemed necessary
by the C~ty, 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 liabihty 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 thmy (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, wtth relation
to the Temporary Encroachment
It ts further expressly understood and agreed that the Temporary Encroachment must
conform to the minimum setbacks requirements, as established by the City
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 e~ther the C~ty 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 permtssion so granted, may remove the Temporary Encroachment and charge the
cost thereof to the Grantee, and collect the cost ~n 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 eqmvalent ofwhat 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 hereinabove by ttus
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, William J Epsom and Kimberly B Epsom, the said
Grantee has caused this Agreement to be executed by their signature and seal duly affixed
Further, that the City of Virginia Beach has caused this Agreement to be executed in ~ts name and
on its behalf by ~ts C~ty Manager and its seal be hereunto affixed and attested by its City Clerk
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST
City Clerk
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
Notary Public
My Commission Expires
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
STATE OF
CITY/COUNTY OF ~/~¥~~ ~e~ , to-wit
The foregoing instrument was acknowledged before me this -~ '/~'/~
- day of~
/~/-)t f ,20 ~)/', by WILLIAM J EPSOM and KIMBERLY B EPSOM
/
/ Notary Pubhc
APPROVED AS TO
LEGAL SUFFICIENCY
APPROVED AS TO CONTENT
CANAL IS OWNED BY
CITY OF VIRGINIA BEACH
2433-,33-0267
MHW 2.4'
AT BULKHEAD
AUGNMENT.
PROPOSED
BULKHEAD
BASS
INLET
PROPOSED
PIER / REMOVE EXIST \,~
/ PIER AND RAMP
PROPOSED / ~N DISREPAIR
GEOWEB RAMP
~2'x 2o' LOT 2.3
~, GPIN: 2433-34-,3442
EXISTING
BULKHEAD
/
/
/
RETURN THIS END
// PIN(F) r- I u: ~u/ ,
A: 8' ,.._.J 2NO STY OEC~ ~ E' 73' //~'
" C: 25 A: 59 ~ /
"/.~J: ~-sTOR¥ ~R^UE 1/.~
~; ~'.~r # 2884-
/'
N/F PE~R E. CHRISTOPH ~ ~,, '[ / N/F DE~Y C. SPARKS. JR.
.~N(F)~~~N(r)
LAT: N 3S'.3. S~' / BLUEBILL DRIVE ~ PLAN VIEW
LON: W 76'56.30' '
2001 WATERFRONT CONSULTING, INC ALL RIGHTS RESERVED. SCALE 1" = 30'
WATERFRONT
CONSULTING, INC
1112 JENSEN DRIVE, STE. 206
VIRGINIA BEACH, VA 23451
PHONE: (757) 425-8244
FAX: (757) 425-8244
EXHIBIT "A"
PROPOSED ENCROACHMENT
OF A PIER BULKHEAD & BOAT RAMP
FOR
WlLUAM J. EPSOM
LOT 23, SANDBRIDGE SHORES, SECTION lA - SOUTH AREA
LYNNHAVEN DISTRICT VIRGINIA BEACH, VA
(M.B. 72 PG. 2) DATE: FEBRUARY 14, 2001
Nearby properties
Item V-H. 3.
-27-
ORDINANCES/RES OL UTION
ITEM #482 73
Upon motton by Counctl Lady Henley, seconded by Councdman Harrtson, Ctty Councd ADOPTED
Or&nance to AMEND the Ctty's FY 2001-2002 operating budget by
reductng approprtattons to the School's operattngfund by $3,454,453 and
the School grants by $2,254,412
Voting 9-0 (By Consen0
Council Members' Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Reba S McClanan, Robert C Mandtgo, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson
Council Members Vottng Nay
None
Counctl Members Absent
Louts R Jones and Vtce Mayor Wtlham D Sessoms, dr
June 12, 2001
10
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14
15
16
17
18
19
20
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22
23
24
25
26
27
28
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30
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AN ORDINANCE TO AMEND THE CITY'S FY
2001-02 OPERATING BUDGET BY REDUCING
APPROPRIATIONS TO THE SCHOOL
OPERATING FUND BY $3,454,453 AND THE
SCHOOL GRANTS FUND BY $2,254,412
WHEREAS, the appropriations in the City's Operating
Budget to the School Board as adopted by City Council on May 15,
2001, require amendments based on the revised State budget in
effect for the period July 1, 2001 through June 30, 2002;
WHEREAS, the School Board has studied the recommended
School Operating Budget in view of State and Federal requirements,
additional demand for space and operations, the strategic plan,
priorities, expectations and the best educational interests of
students;
WHEREAS, the School Board recommends the revisions to the
City's FY 2001-02 Operating Budget for the Schools Operating Fund
as follows:
a) Deczease by $19,821 the amount in the Administration,
Attendance and Health appropriation category;
b) Decrease by $4,187,581 the amount in the Instruction
appropriation category;
c) Increase by $595,023 the amount in the Operations
and Maintenance appropriation category;
d) Increase by $157,926 the amount in the Pupil
Transportation appropriation category; and
WHEREAS, the School Board recommends a revision to the FY
2001-02 School Grants Fund to revise the recommended budget to
$73,469,339 by increasing by $2,254,412 the amount in the Education
- Grants appropriation category.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That the following appropriations to the Schools'
Operating Fund in the City's FY 2001-02 Operating Budget are hereby
revised as follows:
35
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39
40
41
42
43
44
45
46
47
48
49
50
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53
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a) Decrease by $19,821 the amount in the
Administration, Attendance and Health appropriation category;
b) Decrease by $4,187,581 the amount in the Instruction
appropriation category;
c) Increase by $595,023 the amount in the Operations
and Maintenance appropriation category;
d) Increase by $157,926 the amount in the Pupil
Transportation appropriation category; and
2. That the City's FY 2001-02 Operating Budget be
amended by increasing by $2,254,412 the appropriation to the
Education - Grants category in the School's Grant Fund.
3. That estimated revenue from the State Government is
hereby decreased in the amount of $3,454,453.
4. That estimated revenue from the Federal Government
is hereby increased in the amount of $2,254,412.
5. That this ordinance shall be effective on July 1,
2001.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 12th day of June , 2001.
Requires an affirmative vote by a majority of the members
of City Council.
CA8149
noncode/schoolobamdord.wpd
R2
June 6, 2001
Approved as to Content'
Management/~vi~es
Approved as to Legal
Sufficiency:
City Attor~~ s ~J~i'c~
i iRGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
BUDGET RESOLUTION
WHEREAS, the mission of the Virginia Beach City Public Schools, in partnership with our
entire community, is to ensure that each student is empowered with the knowledge and skills
necessary to meet the challenges of the future; and
WHEREAS, thc School Board has adopted a comprehensive strategic plan and school
improvement priorities to guide budgetary decisions; and
WHEREAS, mandat~ of federal and state governments have created additional demands; and
WHEREAS, the School Board has studied the recommended School Operating Budget in
view of state and federal requirements, additional demands for space and operations, the strategic
plan, priorities, expectations, and the best educational interests of its students; and
WtTF~REAS, the School Board proposed Operating Budget has been prepared to meet the
Revenue Sharing Formula target as set by the City Council; now, therefore, be it
RESOLVED: That the Virginia Beach City School Board, on the 15th day of May 2001,
requests a lump sum appropriation of $487,654,377 from the City Council of Virginia Beach for
the 2001-2002 School Operating Budget, and be it further
RESOLVED: That the Virginia Beach City School Board reque.sts an appropriation of
$73,469,339 for special grants, and other special revenue funds, for the 2001-2002 fiscal year;
and be it further
RESOLVED: That a copy of this resolution be spread across the official mirmtcs of this
Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor,
each member of City Council, the City Manager, and the City Clerk.
Adopted by ihe School Board this 1 $~ day of May 2001
SEAL
~l~aniei b. fidwards, Chairtnan
Attest:
Dianne Page Alexander, Clerk of the Board
School Adm,mstraaon Budding · 2512 George Hason Drive · P, O. Box 6038 · V~rginia Beach, VA 23456.0038
VIRGINIA BEACtl CITY PUBLIC SCItOOLS
PROJECTED REVENUE SUMMARY
FY 2001/2002
PERCENT
FY 1997-98 FY 1998-99 FY 1999-00 FY 2000-01 FY 2001-02 OF
REVENUE ACCOUNTS ACTUAL ACTUAL ACTUAL BUDGET BUDGET TOTAL
Ad~l~ Baste Educat~o~ ' $1 ! i,323 $169,5601 '$201,3061 $134,408 $134,408 0 03%
Pubhc Law 874 (Operation) 10,625,693 7,818,471: 10,728,187 8,146,536 12,211,723 2 50%
Department of Defense (P L 486) i,440,647 0' 2,325,4301 1,200,000 ~3 0 00%
Rebates and Refunds (NJROTC) I 16,0 ! I I ! 8,916 l 19,708. 90,000 100,00(~ 0 02%
Other Federal Funds 209,430 i 91,4.26 326,419 ] 75,00,9 175,000, 0 04%
FEDERAL REVENUE 12,5_03,10.4. 8,298,~. 73 13,701,050 9,745,944 12,621,131: 2.59%
Basic School Amd 130,906,069 138,215,017 134,778,814 145,912,821 140,135,068 28 73%
State Sales Tax 42,539,771 45,733,853 49,490,165 52,208,336 55,381,073 i 1.35%
Salary Supplement (Note A) 5,693,957 1,793,277 8,353,259 2,403,785 3,961,048 0 81%
Foster Home Children 253,173 207,313 242,709 453,24 i 228,280 0 05%
General Adult Education 154,517 87,682 59,211 146.411 122,846 0 03%
G{fted and Talented (SOQ) 1,598,304 1,693,651 1.690,541 1,766,046 1,738,997 0 36%
Spec{al Educat{on (SOQ) 8,837,375 10,407,645 10,383,840 12,626,320 12,489,894 2 56%
Special Educat{on (Homebound) 195,999 158,574 168,860 i 62,950 184,657 0 04%
Special Educauon (Regional Tmtmon) 3,570,61 ! 3,641,599 3,785,016 5,053,019 4,975,123 ! 02%
Remedml Sununer School 892, ! 88 921,127 940,844 919,792 922,326 0 19%
Remedml Education (SOQ) 1,969,472 2,011, ! 39 2,006,539 2,327,204 2,195,489 0 45%
Vocatmonal Education (SOQ) i ,615,977 ! ,508,354 1,504,904 1,733,024 1,707,603 0 35%
Vocational Educat{on-Categoncal 338,537 337,908 236,952 482,329 335,757 0 07%
Social Security 7,442,478 7,968,874 7,954,787 8,485,585 8,418,052 I 73%
V{rg{ma Ret{rement System 7,623,811 9,064,676 9,387,618 8,91 !,285 5,125,105 I 05%
State Employee Insurance 52,767 0 0 326,830 351,633 0 07%
Other State Funds 85,027 850,645 2,388,164 2,237,338 2,980,255 0 61%
Enghsh as a Second Language 210,809 183,270 203,439 180,305 190,129 0 04%
At-R~sk Imt{atmve 1,499,290 1,267,018 1,265,248 1,402,254 1,375,638 0 28%
Class S~ze Imt~at~ve 2,457,548 3,937,103 3,925,426 3,335,208 3,012,319 0 62%
Maintenance Reserves 749,205 747,199 745,827 735,853 724,582 0.15%
SOL Teaching Materials 499,470 9,96,265 994,436 490,568 ,483,055 0.10%
STATE REVENUE 219,186,355 231,732,189 240,506,599 252,300,504 247,038,929 50.66%
Local Contnbut{ons 167,031,210 177,021,802 ! 9 !, 157,513 208,189,338~ 225,946,303 46 33%
Rental of Facfltt~es 444,864 492,552 593,645 430,0001 480,000 0 10%
Surnmer School Tuit{on 520,786 544,464 551,573 527,689 537,689 0 11%
General Adult Ed Tmtlon 127,497 157,273 201,577 i 23,622 142,839 0 03%
Vocational Adult Ed Tumtlon 205,405 184,084 125,877 169,850 169,750 0 03%
Non-Resmdent Tu{t{on 86,354 98,702 88,681 100,000 ! 00,000 0 02%
Drtver Education Tuttlon 257,400 231,360 245,966 219,230 225,350 0 05%:
LPN Tint,on 54,575 44,139 27,617 34,575 34,575 0 01%
Open Campus Tint,on 22,761 20,729 2 ! ,860 20,8 ! 1 20,811 0 00%
Sale of School Vehicles 32,345 8,505 51,222 5.000 5,000 0 00%
Sale of Salvage Equipment 5,785 9,082 13,05 i 2,000 2,000 0 00%
Insurance AdJustments 21,479 47,088 63,118 0 0 0 00%
Other Funds 132,574 137.745 112,838 50,000 95,000 0 02%
Flexible Benefits Forfeitures 0 0 36.671 30.000 15,000 ~ 0 00%I
Indirect Costs of Grants i 48,425 196,514 220.274 i 3 ! ,000 220,000 0.05%
Settlements i, 142,6241 2,35,5 0 0 0 0 00%
LOCAL REVENUE 170,234,084 179,196,394 193,511,483 210,033,11.5 227,994,3_!71 46.75%
YOTA.L.REVENUE ,, .$401,923,.543 $4..19,226,95...6 $447,7.!9,.132 $472,079,563 ~.87,654,377 . 100.00%
May 15,2001
I
VIRGINIA BEACll CITY PUBLIC SCllOOLS
FY 2001/02 OPEILATING BUDGET
UNIT FY 199%98 FY 1998-99 F¥1999-00 FY 2000-01 FY 2001-2002 Percent of
CODE DESCRIPTION ACTUAL ACTUAL ., ACTUAL B .UDG.ET BUDGET Budge. t
50100 Elementary Classroo~n $96,321,249 599,237.294 $102.8:~1~.925 $103,504,883 $101,692.125 20 85%
5020(} Senior Ihgh Classroom 51,972,476 54,712,944 58,041,657 57,138.832 58.815.285' 12 06%
S0300 rcchmcal and Career Education Classroom 14,561,833 14,777,655 14.131,257 14,977,944 15,442,208 3 1
50400 Gifted Education and Magnet Schools 4,338,412 7,727,343 8,830,150 9,093,722 9,101,010 I 87%
50500 Special Education 44,435,882 46,348,695 47,763,865 51,314,813 51,904,496 1064%
50600 Summer School 1,195,154 1,451,510 1,415,669 2,452,310 2,877,928 059%
50700 General Adult Education 1,289,521 1,495,167 1,512,063 1,719,244 1,795,744 037%
50800 Open Campus 457,990 525,224 646,388 1,301,170 1,406,455 0 29%
50900 Student Activities 2,491,851 2,576,234 2,513,686 2,795,525 3,156,030 0 65%
51000 Pnnclpal - Elementary School 12,969,226 13,738,060 13,944,057 14,974,396 16,090,649 3 30%
51100 Principal - Senior High School 5,916,723 6,438,691 6,921,480 7,412,974 7,953,669 ! 63M
51200 Pnnclpal - Technical & Career Education 710,461 511,053 523,147 549,427 376,544 0 0SM
51300 Guidance Services 12,044,020 12,129,260 12,071,194 12,892,598 12,790,737 2 62aA
51400 Social Work Serx'tces 1,419,465 1,511,187 1,546,115 1,605,34g !,785,224 0 37M
5 ! 500 Media and Communications 784,221 1,05 !,413 949,613 !,081,03 i 1,071,482 0 22aA
51600 Instructional Technology I,I I 1,748 4,754,022 5,777,744 6,373,454 7,271,924 I 49eA
51700 Instructional Support 4,453,707 5,441,580 6,537,270 9,157,487 9,004,764 I 85%
51710 Organizational Development 0 0 0 412,509 864,143 0 18%
51800 Special Education Support 1,068,912 1,227,761 1,237,049 1,317,635 1,354j196 028%
51900 Gifted Educatson & Magnet Support 245,616 474,700 535,436 660,815 ' 1,048,016 , 021%
52000 Media Services Support 9,841,257 9,810,343 10,573,581 10,208,767 9,985,519 2.05%
52100 Accountabdsty 1,070,257 1,046,983 1,098,557 1,170,736 1,610,009 0 33%
i2200 Middle School Classroom 48,128.875 46,686,494 47,411,082 46,387,299 47,452,792 9.73%
52300 Remedial Education !,550,227 1,789,831 1,743,079 2,007,606 ,',3,812,108 0.78%
52400 Pnnclpal - Middle School 6,581,977 6,760,931 6,848,064 7,055,372 ' ' 7,030,065 1.44%
52500 Homebound Services 712,697 647,975 601,984 848,211 ,867,95,9 '0.18%
~2600 Technical and Career Ed Support 790,782 775,715 662,884 698,070 ", *,705,796 ' t 0.14%
52700 Student Leadership 607,655 640,333 632,940 711,720 , t., -i.7~Q0,.4,88 .0 14%
52800 Psychological Services 2,104,782 2,107,178 2,102,672 2,318,542 ~ 2,665~643 ' 0 55%
52900 Audiological Services 143,912 138,501 181,827 189,118 ., '}212,052 . 004%
53100 School Administration 627,5 l0 697,607 782,894 1,010,459
53200 Alternative Edut:atlon 0 0 !.970.329 2.233.998 ' 2,131,927 , . 044%
329,948.,398 3477231,683 362r336,654 -375~S76~007 '..,:,31M,008,29l ' · %78.75%
54100 Board, Legal and Governmental Services 551,565 630,803 577,561 1,129,917 1,135,0891 ,0 23%
~ ,~599,253 ,~ 0 12%
54200 Supenntendent 436,794 456,060 398,703 603,291 ' :' 1"2,255,400'
54300 Budget and Finance 2,308,153 2,091,904 1,813,047 2,164,525 ,
i4400 Human Resources 1,449,616 !,529,741 2,431,268 2,942,706 , ~i.~ :-2,9,43,353: - , .,~ 0.60%
54500 Internal Audit 187,194 202,020 229,144 241,896 ' '''- 26:~'~811 005%
54600 Purchasing Services 584,290 548,675 620,586 677,390 ~ 704,37.8 0 14%
54700 Organizational Development 0 0 934,155 1,890,859 0 ~,767,388; , , ',, ? 36%
i4900 Technology 2,773,696 3,493,934 3,654,695 933,931 !,068,101 ', 022%
55000 Benefits 0 945,751 !,260,193 1,403,033 1~578,646 , , 0 32%
55200 Health Services 3,088,8! I 3,066,175 3,492,388 4,142,038 4,433~328 '- 0 91
11r380,119 127965,064 15,411~740 16~129~86 167747,617. 3.41%
56100 Management 682,924 723,749 904,3 [ 2 1,065,492 1,296,987 0.27%
56200 Vehicle Operations 12,001,104 13,131,406 15,145,136 15,920,960 16,905,219 3 47%
56300 Vehicle Maintenance 1,587,503 1,605,765 1,867,461 2,000,094 2,031,130 0 42%
56400 MonltonngServlces 1,471,4,77 1,579,781 !,743,,.638 1,917,510 2~03,9t429 , 042%
15~7437008 17~040,701 19,660,547 20~904,056 227272~765, 4.q8%
57100 Facilities, Planning and Construction 401,779 421,593 588,078 530,148
i7200 School Plant 21,347,095 22,988,445 26,124,407 27,949,994 29,284,574
57300 Supply Services 649,474 713,193 778,207 934,157 977,355 ', 0.20%
57400 Grounds Services 2,229,282 2,502,005 2,445,941 3,035,636 3,0~3~531 0.63%
57500 Custodial Services 14.358,318 15,056,421 16,088,372 17, ! 77,008 19,2.07,?1,7 3 94%
i7600 Environmental Services 265,145 382,956 291,634 437,364 412,43{~ 0 08%
58100 Security Services 341,301 336,740 1,378,491 2,931,400 3,591,536 . 0.74%
i8200 Vehicle Services 322,324 482,242 1,389,678 722,848 ' ,77~,'~2~ ' ' 0.16%
58300 Telecommunications 0 0 669,314 1,180,296 1
58400 Technology Maintenance 0 0 0 4,571,063 ,, .%29:~1J22 ~.~ a.,: 1.09%
397914771. S . 427883,59S 497754~122 .S9,469.,.9141 64,62S,71M
..... $a96~86,2.4.3 $420,121,044 $447,163,063 , $472,079~.6.aI
May 15,200 !
- 28 -
Item V-H. 4.
ORDINANCES/RESOL UTION
ITEM #482 74
Upon motion by Counctl Lady Henley, seconded by Counctlman Harrtson, Ctty Counctl ADOPTED
Ordtnance to APPROPRIATE $100, O00 from the School's Food Services
fund balance to the FY 2000-2001 Food Service fund and mcrease
esttmated revenue accordtngly
Vottng 9-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, ,Ir,
Barbara M Henley, Reba S McClanan, Robert C Man&go, ,Ir, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson
Council Members Vottng Nay
None
Counctl Members Absent
Louts R clones and Vtce Mayor Wtlham D Sessoms, dr
,Iune 12, 2001
AN ORDINANCE APPROPRIATING $100,000
FROM THE SCHOOLS FOOD SERVICES FUND
BALANCE TO THE FISCAL YEAR 2000-01
FOOD SERVICES FUND
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WHEREAS, the School Administration's projected
expenditures for the Food Services Fund indicates that less than
$50,000 will be available on June 30, 2001; and
WHEREAS, the School Administration recommends an additional
approprzation of $100,000 that will insure that the School Board does not
exceed the appropriation for thzs fund.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That $100,000 is hereby approprzated to the FY 2000-01 Foods
Services Fund and that estimated revenue is hereby increased to
reflect the use of Schools Food Services Fund Balance to insure
that appropriations are not exceeded for this fund.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 12th day of June , 2001.
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Requires an affirmative vote by a majority of the members
of City Council.
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CA8150
noncode/schoolservfdord.wpd
June 6, 2001
R2
Approved as to Content:
Managefhent Services
Approved as to Legal
Sufficiency'
~-4ty AtVt~ney~s[Office
Item V-H.$.
- 29-
ORDINANCES/RES OL UTION
ITEM #482 75
Ken Taylor, 932 Lasktn Road, representtng the Vtrgtnta Beach Hotel/Motel Assoctatton, Phone 437-7872,
regtstered tn support of the Ordinance
Upon motion by Councilman Harrison, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Ordinance to DELAY the EFFECTIVE DA TE of a prevtously adopted
ordinance (May 15, 2001) re TAX ON TRANSIENTS obtatntng lodgtng
tn the Ctty of Vtrgmta Beach from I July to 1 November 2001. (Requested
by Vice Mayor Sessoms)
Vottng 9-0 (By Consent)
Council Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Reba S McClanan, Robert C Mandtgo, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wdson
Counctl Members Voting Nay
None
Counctl Members Absent
Louts R Jones and Vice Mayor Wtlham D Sessoms, Jr
June 12, 2001
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Requested by Vice-Mayor William D. Sessoms, Jr.
AN ORDINANCE TO DELAY THE EFFECTIVE DATE OF
ORDINANCE 2635, PERTAINING TO INCREASES AND
DECREASES IN THE TAX ON TRANSIENTS OBTAINING
LODGING, TO NOVEMBER 1, 2001
WHEREAS, the City's FY 2000-02 Resource Management Plan
includes raising the hotel tax rate from 5.5 cents to 8.0 cents;
however, to provide the hotel industry adequate time to adjust to
th~s new rate for advanced hotel reservations, a four-month delay
· n the eftective date has been requested; and
WHEREAS, this delay of the effective date of this
increase will reduce estimated revenue by $2,850,000.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA'
1. That the effective date of amendments to Sectzon 35-
159 of the Code of the City of Virginia Beach as adopted on May 15,
2001, in Ordinance 2635, a copy of which is attached hereto, shall
be November 1, 2001, instead of July 1, 2001, as originally
enacted; provided, however, that the provision in subsection (a) of
Section 35-159 extending the flat tax through June 30, 2004, shall
be effective immediately.
2. That the appropriations in the FY 2001-02 Operating
Budget for the Major ProJects Special Revenue fund are hereby
reduced by $2,850,000.
3. That hotel tax revenue ~n the FY 2001-02 Operating
Budget is hereby reduced by $2,850,000.
Adopted by the City Council of the City of Virginia
Beach, Virginia, on this 12 day of June , 2001.
Requires an affirmative vote by a majority of the members
of City Council.
CA8157
proposed/35-159delay.ord
R-4 - June 7, 2001
APPROVED AS TO CONTENT'
/Managem4nt /ServiCes ---
APPROVED AS TO LEGAL
SUFFICIENCY'
~~At~t o r~~ ~ s~O/i~c~e,
City
2635
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AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
TO THE TAX ON TRANSIENTS OBTAINING LODGING BY
INCREASING THE TAX RATE, DEFERRING A SUNSET
PROVISION THAT ELIMINATES TIlE FLAT TAX, AND
LOWERING THE TAX IN THE SANDBRIDGE SPECIAL
SERVICE DISTRICT
SECTION AMENDED' ~ 35-159
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA'
That Section 35-159 of the Code of the City of Virginia
Beach is hereby amended and reordained to read as follows-
Sec. 35-159. Levied; Amount
(a) There is hereby levied and imposed on each transient
a tax, equivalent to five and one-half (5.5) eiqh~ (8) percent of
the total amount paid for lodging, by or for any such transient, to
any lodging place, plus a flat tax of one dollar ($1.00) for each
night of lodging at any lodging place other than a campground. The
percentage-based portion of the tax rate~s: ~~ive-~--~' ua,,u~ry ...... 1,
1993 --~ -'--~ ..... ~- ~- -== .... ~ ......~ ..... ~ ~ .... ~-~
on June 30, 2027. The flat tax i~ effective September I, 1~,~ and
shall remain in effect through June 30, 2001 2004.
(b) There is hereby levied and imposed on each transient
within the Sandbridge Special Service District (district) a tax, in
addition to that levied in subsection (a) hereof, equivalent to
~ two and one-half (2.5) percent of the total amount paid
for lodging within the district, by or for any such transient to
any lodging place, excluding hotels, motels and travel campgrounds.
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32
BE IT FURTHER ORDAINED'
That this ordinance shall be effective July 1, 2001;
provided, however, that the provision in subsection (a) extending
the flat tax shall be effective immediately.
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Adopted by the City Council of the City of Virginia
Beach, Virginia, on this 15th day of May, 2001.
Requires an affirmative vote by a majority of the members
of City Council.
CA8032
F: \Data\ATY\Ordin\PROPOSED\35-159ord. wpd
May 8, 2001
R-3
Item V-H. 6.
- 30-
ORDINANCES/RES OL UTION
ITEM #482 76
Upon motton by Counctl Lady Henley, seconded by Counctlman Harrtson, Ctty Counctl ADOPTED
Ordmance to APPROPRIATE $526,000 from the Shertff Department's
spectal Revenue to fund thetr FY 2001-2002 operattng budget re Deputy's
compensation.
Voting 8-1 (By Consen0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr,
Barbara M Henley, Robert C Mandtgo, Jr, Mayor Meyera E OberndorJ,
Nancy K Parker and Rosemary Wtlson
Counctl Members Voting Nay
Reba S McClanan*
Counctl Members Absent
Louts R Jones and Vtce Mayor Wdham D Sessoms, Jr
* Verbal Nay
June 12, 2001
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AN ORDINANCE TO APPROPRIATE $526,000
OF FUND BALANCE IN THE SHERIFF'S
DEPARTMENT SPECIAL REVENUE FUND TO
THE SHERIFF'S DEPARTMENT FY 2001-02
OPERATING BUDGET TO INCREASE
DEPUTY'S SALARY SUPPLEMENTS AND
AWARD OF ONE-TIME BONUSES
WHEREAS, the Sheriff's Department proposes that $526,000
of fund balance be appropriated by City Council for the following
purposes: (1) increased salary supplements for Sheriff's deputies
and (2) implementation of a one-time bonus plan for sworn Sheriff's
employees who will not be receiving a pay increase in FY 2001-02.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That $526,000 is hereby appropriated from the fund
balance in the Sheriff's Department Special Revenue Fund to the
Sheriff's Department FY 2001-02 Operating Budget for the purposes
as outlined below'
a. $346,000 to increase the deputy's annual city
salary supplement from $3,000 to $4,000; and
b. $180,000 to implement a one-time bonus plan
for sworn Sheriff's employees who will not be
receiving a pay increase in FY 2001-02.
2. That estimated use of the Specific Fund Reserve is
increased by $526,000 in FY 2001-02 in the Sheriff's Department
Special Revenue Fund.
3. That the effective date of this ordinance shall be
July 1, 2001.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 12th day of June , 2001.
Requires an affirmative vote by a ma2or~ty of the members of C~ty Council.
CA8154
Noncode/shersalord.wpd
Ri - June 4, 2001
36 Approved As to Content:
37
39 Manag~ent Services~_
Approved As To Legal
Su/fficienc~ ,
~/~'w~ Depar~-~_~'
Date
Starting Salary
Pohce Recruit Sheriff's Deputy
06/01/01 $29,317 O0 $26,329 O0
Dollar D~fference
$2,988 00
Percent D~fferertce
10 19%
07/01/01 $31,418 O0
w~thout deputy adjustment
$26,329 00
$5,089 O0
16 20%
07/01/01 $31,418 O0
w~th deputy adjustment
$27,329 O0
$4,089 O0
1301%
Attachment: Salary Comparison Schedule
- 31 -
Item V-H. 7.
ORDINANCES/RESOL UTION
ITEM #482 77
Attorney R E Bourdon, Phone 499-8971, represented a netghbortng property owner
Upon morton by Councd Lady Henley, seconded by Councdman Harrtson, Ctty Councd ADOPTED, AS
AMENDED:
Ordtnance to TRANSFER $1, $~,C, ~,~,C $150,000 of FY 2001-2002 funds
from the Convention Center replacement to Pavilion Theater replacement
to initiate work on the new theater.
Vottng 8-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Reba $
McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy
K Parker and Rosemary Wilson
Counctl Members Vottng Nay
None
Councd Members Abstatntng
Wtlham W Harrtson, Jr
Counctl Members Absent
Louts R Jones and Vice Mayor PVdham D Sessoms, Jr
Counctlman Harrtson ABSTAINED as Armada Hoffler ts a chent ofhts lawfirm There ts some appearance
that thts theater wtll be connected to the Armada Hofflerproposal for the Town Center As the appearance
of tmproprtety extsts, he wtll refratn from vottng
June 12, 2001
AN ORDINANCE TO TRANSFER $150,000 OF FY 2001-
02 FUNDS FROM CIP PROJECT #9-018, CONVENTION
CENTER REPLACEMENT, TO PROJECT #9-032,
PAVILION THEATER REPLACEMENT, TO ALLOW FOR
WORK TO PROCEED
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WHEREAS, the Capital Improvement Program adopted by City
Council on May 15, 2001, includes project #9-032, Pavilion Theater
Replacement, which is scheduled to receive its initial
appropriation in FY 2002-03; and
WHEREAS, to initiate work for the new theater in FY 2001-
02, it will be necessary to transfer $150,000 of FY 2001-02 funding
from project #9-018, Convention Center Replacement, with funding to
be restored to project #9-018 in the FY 2002-03 budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That $150,000 is hereby transferred from project %9-018,
Convention Center Replacement, to project #9-032, Pavilion Theater
Replacement, to allow the initiation of work on the new theater.
The effective date of this ordinance shall be July 1,
2001.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 12th day of June, 2001.
CA8148
noncode\Pavilion Theater, ord.wpd
June 12, 2001
R3
- 32 -
Item V-H. 8.
ORDINANCES/RESOL UTION
ITEM #482 78
Upon motton by Council Lady Henley, seconded by Counctlman Harrtson, Ctty Counctl ADOPTED:
Ordtnance to ESTABLISH the SPORTSPLEX Special Revenue fund and
TRANSFER $300,000 re operation and maintenance
Vottng 9-0 (By ConsenO
Councd Members Vottng Ave
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Louts R Jones and Vtce Mayor Wtlham D Sessoms, dr
June 12, 2001
AN ORDINANCE TO ESTABLISH THE SPORTSPLEX
SPECIAL REVENUE FUND AND TO TRANSFER GENERAL
FUND APPROPRIATIONS OF $300,000 TO THIS FUND
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WHEREAS, the city currently has a reserve established in
the General Fund in its FY 2001-02 Operating Budget for the purpose
of funding the operations and maintenance costs of the Sportsplex;
and
WHEREAS, to better account for revenues, it is
recommended that a special revenue fund be created and existing
appropriations be transferred to this fund.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That the Sportsplex Special Revenue Fund is hereby
established.
2. That General Fund appropriations and estimated
revenues in the amount of $300,000, established in the FY 2001-02
General Fund in a reserve account for the operation and maintenance
of the Sportsplex, are hereby transferred to the Sportsplex Special
Revenue Fund.
3. That this ordinance shall be effective July 1, 2001.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 12th day of June , 2001.
CA8153
noncode/sportsplexord.wpd
R3 - June 7, 2001
APPROVED AS TO CONTENT:
./Manage~en~ I S'ervices
APPROVED AS TO LEGAL
SUFFICIENCY
City Attorney' ~"~ffice '
Item V-H. 9.
- 33 -
ORDINANCES/RES OL UTION
ITEM #482 79
Upon motton by Counctl Lady Henley, seconded by Councilman Harrison, Ctty Counctl ADOPTED:
Ordtnance to TRANSFER $60,000 within the Department of Libraries FY
2000-2001 operattng budget re acqutsttton of an automated library access
and printing control system
Voting 9-0 (By ConsenO
Counctl Members Voting Aye
Ltnwood 0 Branch, IIL Margaret L Eure, Wtlham W Harrtson, dr,
Barbara M Henley, Reba $ McClanan, Robert C Mandtgo, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wilson
Counctl Members Vottng Nay
None
Counctl Members Absent
Louts R Jones and Vice Mayor Wtlham D Sessoms, dr
June 12, 2001
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AN ORDINANCE TO TRANSFER $60,000
WITHIN THE DEPARTMENT OF LIBRARIES
FY 2000-01 OPERATING BUDGET TO
ACQUIRE AN AUTOMATED LIBRARY ACCESS
AND PRINTING CONTROL SYSTEM
WHEREAS, acquiring an Internet self scheduling and
automatic access control system and a printing and fee collection
system will save significant staff time and increase printing fee
revenues.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA-
That $60,000 is hereby transferred within the FY 2000-01
Department of Libraries budget to purchase a Library Automated
Access and Printing Control System.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 12th day of June , 2001.
Requires an affirmative vote by a majority of the members of City
Council.
CA-8152
Noncode\Library Automated Access System. Ord.wpd
May 31, 2001
RI
Approved As to Content'
Approved As To Legal
Sufficiency-
Man~ge~t Servi~es~~
- 34 -
Item V-H. 10.
ORDINANCES/RES OL UTION
ITEM #48280
Upon motton by Counctl Lady Henley, seconded by Counctlman Harrtson, Ctty Counctl DEFERRED
INDEFINITEL Y:
Resolutton to AUTHORIZE the Ctty Manager to take all acttons necessary
to discontinue placement of dredged spoils tn LAKE WESLEY, and, to
dtrect the Beaches and Waterways Commtsston to undertake an
assessment, evaluatton of alterattve sites and methods of spotl dtsposal
(Requested by Councilman Branch)
Vottng 9-0 (By Consen0
Counctl Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr,
Barbara M Henley, Reba S McClanan, Robert C Mandtgo, dr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Louts R clones and Vtce Mayor Wtlham D Sessoms, dr
dune 12, 2001
- 35-
Item VI-I.
PLANNING
ITEM #48281
1. LOPE B. & MERCY PILE AND
CORNELIUS F., R. AND ANTONIO BO YNTON
STREET CLOSURE
2. SALT MEADOW BA Y, L.L.C.
STREET CLOSURES
AND,
CONDITIONAL CHANGE OF ZONING
3. DOMINION BUILDING GROUP, INC.
CONDITIONAL CHANGE OF
ZONING
4. KINGS GRANT BAPTIST CHURCH
CONDITIONAL USE PERMIT
5. CHURCH OF CHRIST AT CREEDS
CONDITIONAL USE PERMIT
6. COMMERCIAL INVESTMENT PROPERTIES, L.L. C.
AMENDMENT TO THE GREEN
RUN
LAND USE PLAN
June 12, 2001
Item V-I.
- 36-
PLANNING
ITEM # 48282
Upon motton by Counctl Lady Henley, seconded by Counctlman Harrtson, Ctty CounctI APPROVED in
ONE MOTION Items 1, 3, (DEFERRED), 4 (AMENDED), 5 and 6 (DEFERRED) of the PLANNING
AGENDA
Item 3 was DEFERRED unttl the Ctty Counctl Sesston of June 26, 2001, BY CONSENT
Item 4 was APPROVED, BY CONSENT, with AMENDED Condition No. 5
Item 6 was DEFERRED INDEFINITEL Y, B Y CONSENT.
Voting 9-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Reba $ McClanan, Robert C Mandtgo, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson
Counctl Members Vottng Nay
None
Councd Members Absent
Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr
June 12, 2001
-37-
Item V-L1.
PLANNING
ITEM # 48283
Upon motion by Counctl Lady Henley, seconded by Councdman Harrtson, City Council APPROVED,
CONDITIONED UPON COMPLIANCE, the apphcatton ofLOPE B. & MERCYPILE and CORNELIUS
F., JR. & ANTONIA BO YNTON for the dtsconttnuance, closure and abandonment of a portton of Jersey
Avenue
Apphcatzon of Lope B & Mercy Ptle and Cornehus F, Jr & Antonzna
Boynton for the dtsconttnuance, closure and abandonment of a potton of
Jersey Avenue begznnmg at the south stde of Vtrgmta Beach Boulevard
abutting Lots 1 through 7, Block 25 and Lots 3 and 4, Block 26, Euchd
Place Said parcel contatns 5,607 square feet DISTRICT 2 -
KEMPSVILLE
The following condtttons shall be requtred
The Ctty Attorney's Office will make the final determtnatton
regardtng ownershtp of the underlytngfee The purchase prtce
to be pard to the Ctty shall be determtned accordtng to the
"Pohcy Regardtng Purchase of City's Interest tn Streets
Pursuant to Street Closures, "approved by Ctty Counctl Copses
of the pohcy are avatlable tn the Planmng Department
The apphcant ts reqmred to resub&vtde the property and vacate
tnternal lot hnes to tncorporate the closed area into the
adjomzngparcels Theplat must be submitted and approved for
recordatton prior to final street closure approval
3 The apphcant ss requtred to provide a drainage easement to the
Ctty of Vtrgtnta Beach over the enttre property
The apphcant ss requtred to provtde an easement to Vtrgtnta
Natural Gas The centerhne of the easement wtll be determtned
by the actual locatton of the gas hne
The apphcant ts requtred to vertfy that no other prtvate utthttes
exist within the rtght-of-way proposed for closure Prehmtnary
comments from the uttltty compames tndtcate that there are no
other prtvate utthttes wtthtn the rtght-of-way proposed for
closure If prtvate utdtttes do exist, easements sattsfactory to the
utthty company, must be provtded
Closure of the rtght-of-way shall be conttngent upon comphance
wtth the above stated condtttons wtthtn 365 days of approval by
Ctty Counctl If all condtttons noted above are not accomphshed
and a final plat ts not approved wtthtn one year of the City
Council's vote to close the roadway, thts approval wtll be
constdered null and votd
June 12, 2001
- 38-
Item V-I.I.
PLANNING
ITEM # 48283 (Continued)
Vottng 9-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr,
Barbara M Henley, Reba S McClanan, Robert C Mandtgo, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary 14'tlson
Counctl Members l/ottng Nay
None
Counctl Members Absent
Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr
June 12, 2001
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET KNOWN AS JERSEY AVENUE AS SHOWN ON
THAT CERTAIN PLAT ENTITLED: "EXHIBIT PLAT
SHOWING A PORTION OF JERSEY AVENUE TO BE
CLOSED ADJACENT TO LOTS 1 THRU 7, INCLUSIVE,
BLOCK 25 AND LOTS 3 AND 4, BLOCK 26, EUCLID
PLACE (M.B 4, P. 63) VIRGINIA BEACH, VIRGINIA.
WHEREAS, on June 12, 2001, Cornelius F. Boynton, Jr. and Antonina S.
Boynton, husband and wife, and Lope B. Pile and Mercy B. Pile, husband and wife, applied
to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described
street discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said street be discontinued,
closed, and vacated, subject to certain conditions having been met on or before June 11,
2002;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia,
that the hereinafter described street be discontinued, closed and vacated, subject to certain
conditions being met on or before June 11, 2002:
All that certain lot, piece or parcel of land, situate, lying and
being in the City of Virginia Beach, Virginia, designated and
described as: Beginning at a point on the western right-of-way
line of Jersey Avenue at its intersection with the line dividing
Lot 7 and Lot 8, Block 25, Euclid Place (M.B. 4, P. 63); thence
running along the western right-of-way line of Jersey Avenue
N 00° 14' 55" W, 1.56 feet to a point, said point being the tree
point of beginning; thence continuing along the western right-
of-way line of Jersey Avenue N 00° 14' 55" W, 155.67 feet to
a point at its intersection with the southern right-of-way line of
Virginia Beach Boulevard; thence turning and running along
the southern right-of-way line of Virginia Beach Boulevard S
64° 34' 14" E, 55.93 feet to a point at its intersection with the
eastern right-of-way line of Jersey Avenue; thence turning and
running along the eastern right-of-way line of Jersey Avenue S
00 o 08' 25" W, 93.50 feet to a point; thence turning and running
along the arc of a curve to the left, having a radius of 38.00 feet,
a distance of 71.64 feet to the point ofbeginning. Said property
containing 0.129 acre, more or less. And further described as
"PORTION OF JERSEY AVENUE TO BE CLOSED" · "AREA OF
JERSEY AVENUE TO BE CLOSED= 5,607 SQUARE FEET/0.129
ACRE" as shown on that certain plat entitled "EXHIBIT PLAT
SHOWING A PORTION OF JERSEY AVENUE
GPIN: 1467-85-6657 & 1467-85-8624
TO BE CLOSED ADJACENT TO LOTS 1 THRU 7, INCLUSWE,
BLOCK 25 AND LOTS 3 AND 4, BLOCK 26, EUCLID PLACE
(M.B. 4, P. 63) VIRGINIA BEACH, VIRGINIA SCALE: 1" =25',"
dated August 3, 1999, and prepared by John E. Sifine and
Associates, Ltd., which said plat is attached hereto as Exhibit
~m,''
SECTION II
The following conditions must be met on or before June 11, 2002:
1. The City Attorney' s Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City shall be
determined according to the "Policy Regarding Purchase of City's Interest in Streets
Pursuant to Street Closures," approved by City Council. Copies of said policy are available
in the Planning Department.
2. The applicant is required to resubdivide the property and vacate internal
lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted
and approved for recordation prior to final street closure approval.
3. The applicant is required to provide a drainage easement to the City of
Virginia Beach over the entire property.
4. The applicant is required to provide an easement to Virginia Natural
Gas. The centerhne of the easement will be determined by the actual location of the gas line.
5. The applicant is required to verify that no other private utilities exist
within the fight-of-way proposed for closure. Preliminary comments from the utility
companies indicate that there are no other private utilities, other than natural gas lines,
within the right-of-way proposed for closure. If other private utilities do exist, easements
satisfactory to the utility company must be provided.
6. Closure of the right-of-way shall be contingent upon compliance with
the above stated conditions within 365 days of approval by City Council. If not, the
approval will be considered null and void. If the applicant still desires to have the proposed
street closed, a new application must be submitted to the Planning Department and approved
again by City Council.
SECTION III
1. If the preceding conditions are not fulfilled on or before June 11, 2002,
this Ordinance will be deemed null and void without further action by the City Council.
2. If all conditions are met on or before June 11, 2002, the date of final
closure is the date the street closure ordinance is recorded by the City Attorney.
SECTION IV
A certified copy of this Ordinance shall be filed in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY
OF VIRGINIA BEACH as "Grantor."
day of
Adopted by the Council of the City of Virginia Beach, Virginia, on this 12th
June 2001
APPROVED AS TO CONTENT
Planmn~epamnent
APPROVED AS TO LEGAL SUFFICIENCY
C~ty Attorney
CA-8062
05/14/2001
F \Data~TY~orms~Deeds\STCLOSUXWORKING\CA8062 ord
NOTES: £X;//Z~/7- ~
1. MERIDIAN SOURCE BASED ON PLAT RECORDED IN DEED BOOK 24.31, PAGE 1581.
2. PORTION OF JERSEY AVENUE TO BE CLOSED: ~
3. AREA OF JERSEY AVENUE TO BE CLOSED = 5,607 SQUARE FEET/0.129 ACRE
4. THIS PLAT IS NOT INTENDED TO SHOW ANY EASEMENTS OR PHYSICAL FEATURES tHAT
MAY AFFECT THIS PROPERTY.
5. THIS PLAT DOES NOT CONSTITUTE A SUBDIVISION OF LAN[',
6 THIS PLAT PREPARED WITHOUT THE BENEFIT OF A TITLE R[PORT.
VDHT
PIN OLD
NAIL
OLD LOT 1
DRILL ·
HOLE ~ (O~
LOT 2 /
lol
..
LOT 6
LOT 7
S 89'45'05" W
tOT 8, BLOCk 25. EUCLID PLACE
FMR 4, P 63)
OPIN ~467--8b-642?
EXHIBIF PlA7 SHOWINC Ld
JERSEY AVENUE TO BE CLOSED
OLD
PIN
LOT 3
z
LOT 4
R = 58.00'
A = 108'01'12"
A = 71.64'
T = 52.52'
C = 61.49'
CB = S 5,3'45'41"
ADJACENT TO
LOTS 1 THRU 7, INCLUSIVE, BLOCK 25 AND
LOTS 3 AND 4, BLOCK 26, EUCLID PLACE
(M.B 4, P 6.$)
VIRGINIA BEACH, VIRGINIA
SCALE: 1"= 25' AUGUST ',, !99~
JOHN E. SIRINE AND ASSOCIATES, LTD.
SURVEYORS. ENGINEERS. PLANNERS
4,317 BONNEY ROAD
VIRGINIA BEACH, VIRGINIA 2545?
0 25 50 75
GRAPHIC SCALE
100 CEF~
SHEEr 1 OF 1
J.0.#66,265 P.S. 51,3, P 72-76
AGENDA ITEM # 12/STREET CLOSURE
LOPE B & MERCY PILE AND CORNELIUS F., JR.
& ANTONINA BOYNTON (Jersey Avenue)
May 9, 2001
GENERAL INFORMATION
Site Location:
Portion of Jersey Avenue beginning at the south side of Virginia
Beach Boulevard abutting Lots 1 through 7, Block 25 and Lots 3
and 4, Block 26, Euclid Place. DISTRICT 2 - KEMPSVILLE.
Request:
Street Closure
Staff Planner: Ashby Moss
Purpose:
To close a section of Jersey Avenue and incorporate the
property into the neighboring properties. Each property is
currently being used for auto sales. This same street closure
application was approved by City Council on March 14, 2000,
but the applicant failed to finalize the street closure before the
one year deadline.
Site Size:
5,607 square feet
LAND USE~ ZONING AND SITE CHARACTERISTICS
Existing Land Use:
The section of Jersey Avenue to be closed has been used by the Charlie Falk auto
sales operation for display of vehicles and as an access between the two properties
on either side, which are leased by Charlie Falk.
Surrounding Land Use and Zoning:
North:
South:
East:
West:
Mixed commercial uses, including retail and auto sales and
service / B-2 Community Business District
Mixed commercial and industrial uses / B-2 Community
Business District and I-1 Light Industrial District farther south
Expanded section of the auto sales facility / B-2 Community
Business District
Auto sales facility / B-2 Community Business District
PC Agenda, May 9, 2001 - Page 12-1
Zoning History:
This same street closure application was approved March 14, 2000, but the
applicant failed to finalize the street closure before the one year deadline. A
Conditional Use Permit was approved concurrently with the street closure request
for the redevelopment of the Charlie Falk auto sales facility. The plan approved with
that use permit incorporates the corner property, the area of Jersey Avenue, and an
adjacent property east of Jersey Avenue. A previous use permit had been approved
September 28, 1999 for the corner property (without the area of Jersey Avenue), but
the more recent use permit approved with the street closure supercedes this prior
use permit.
Other zoning activity in the immediate vicinity of this site includes Conditional Use
Permit approvals for several auto repair and auto sales uses.
COMPREHENSIVE PLAN
The Comprehensive Plan recommends retail, service, office, and other compatible
uses within commercial centers serving surrounding neighborhoods and
communities.
PUBLIC SERVICES AND FACILITIES
Water/Sewer:
There are no public utilities in the right-of-way proposed for closure.
Traffic:
This street closure will not affect traffic on the existing road system.
Fire Protection:
Adequate
Police Protection:
Adequate
EVALUATION
The Viewers have determined that the proposed closure will not result in a public
inconvenience, and closure of the right-of-way is recommended for approval. If
approved, the following conditions should be met:
PC Agenda, May 9, 2001 - Page 12-2
CONDITIONS
,
The City Attorney's Office will make the final determination regarding ownership
of the underlying fee. The purchase price to be paid to the City shall be
determined according to the "Policy Regarding Purchase of City's Interest in
Streets Pursuant to Street Closures," approved by City Council. Copies of the
policy are available in the Planning Department.
m
The applicant is required to resubdivide the property and vacate internal lot lines
to incorporate the closed area into the adjoining parcels. The plat must be
submitted and approved for recordation prior to final street closure approval.
3. The applicant is required to provide a drainage easement to the City of Virginia
Beach over the entire property.
.
The applicant is required to provide an easement to Virginia Natural Gas. The
centerline of the easement will be determined by the actual location of the gas
line.
.
The applicant is required to verify that no other private utilities exist within the
right-of-way proposed for closure. Preliminary comments from the utility
companies indicate that there are no other private utilities within the right-of-way
proposed for closure. If private utilities do exist, easements satisfactory to the
utility company, must be provided.
.
Closure of the right-of-way shall be contingent upon compliance with the above
stated conditions within 365 days of approval by City Council. If all conditions
noted above are not accomplished and a final plat is not approved within one
year of the City Council's vote to close the roadway, this approval will be
considered null and void.
INote: Further conditions may be required during the administration of applicable CityI
Ordinances.
I
PC Agenda, May 9, 2001 - Page 12-3
.
ri-Ils PLAT DOES NOT CONSTITUTE A SUBDIVISION OF LAND,
THIS PLAT PREPARED WITHOUT THE BENEFI'T OF A 'BILE REPORT.
VOHT
PIN OLD
NAIL
OLO LOT 1
DRILL
HOlE '
LOT 2
LOT ,3
OLO
PIN
LOT 4
LOT 5
LOT 6
LOT 7
S 89'45'05' W
tOT 8. BLOCK 25. EUCLID PLACE
(MR 4. P 6.';}
OPIN ~467- 85-64,'7
EXHIBIT PLAT SHOWINC
./
38.00'
108'01'12"
71.64'
52 $2'
61.49'
LOT 3
Z
LOT 4
CB : S 55'45'41" W
AVENUE TO BE CLOSED
JERSEY
ADdACENT TO
PC Agenda, May 9, 2001 - Page12-4
Item 4/12
Pile & Boynton
Discontinuance, closure and abandonment of a portion of
Jersey Avenue beginning at the south s~de of V~rglnla Beach Boulevard
Street Closure
District 2
Kempsville
May 9, 2001
CONSENT AGENDA
Cheryl Avery-Hargrove: The next consent agenda ~tem is Pile and Boynton. That is
discontinuance, closure and abandonment of a portion of Jersey Avenue and that is in Kempsville
District 2.
Bill Swan. Mr. Chairman my name is Bill Swan. I represent the apphcants Pile and Boynton and
we are fanuliar w~th the conditions. All have been met with the exception of some engineering.
We are about to meet those.
Cheryl Avery-Hargrove: Thank you Mr. Swan. Is there any opposition to this ~tem. Thank you.
There being none. That leaves us with seven consent agenda items for approval. I wall move so,
Mr. Chair, 4/5 with the seven conditions,//6 with the slx conditions,//8 with three conditions, #10
no conditions on that, #11 four conditions, #12 six conditions, #22 with no conditions.
Charles Salle': Can I have a second?
Robert Vakos: I will second and Mr. Chairman I need to disclose on item #22. I lease some
property from the Maddox Famdy who ~s the apphcant. Not this particular piece of property so I
am able to vote on th~s application.
Charles Salle" Thank you. A motion made by Cheryl Avery-Hargrove seconded by Bobby
Vakos to approve the consent agenda.
AYE 10 NAY0 ABS0 NOT VOTING0
ATKINSON AYE
AVERY-HARGROVE AYE
BAUM AYE
DIN AYE
HORSLEY AYE
MILLER AYE
RIPLEY AYE
SALLE' AYE
VAKOS AYE
WOOD AYE
Charles Salle" By a vote of 10 to 0 you have approved the consent agenda.
APPLICATION
STREET CLOSURE
CITY OF VIRGINIA BEACH
PA GE 4 OF 4
DISCLOSURE STATEMENT
Applicant's Name: Lope B. Pile and Mercy B. Pile
List All Current
Property Owners: Lope B. Pile
Mercy B. Pile
PROPERTY OWNER DISCLOSURE
If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach hst ti necessary)
If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list
all members or partners in the organization below: (Attach list if necessary)
Check here if the property owner is NOT a corporation, partnership, firm, or other umncorporated
organization.
If the applicant is not ~he current owner of the property, cotnplete the Applicant Disclosure section below:
APPLICANT DISCLOSURE
If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary)
If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all
members or partners in the organization below: (Attach list tfnecessary)
Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization
CERTIFICATION:/certify that the informat'o~..n ~ne~cl h~r-~~is ~ue and accurate.
Print Name
Rev 9/15/98
APPLICATION
STREET CLOSURE
CITY OF VIRGINIA BEACH
PAGE 4 OF 4
Applicant's Name:
DISCLOSURE STATEMENT
CORNELIUS F. BOYNTON, JR. AND ANTONINA S. BOYNTON
List All Current
Property Owners: CORNELIUS F. BOYNTON, JR. AND ANTONINA S. BOYNTON
PROPERTY OWNER DISCLOSURE
If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach ltst ii necessary)
If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list
all members or partners in the organization below: (Attach list if necessary)
Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated
organization.
If the applicant is not the current owner of the property, complete the Applicant Disclosure section below:
APPLICANT DISCLOSURE
If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary)
If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all
members or partners in the organization below: (Attach list if necessary)
Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization
CERTIFICATION: I certify that the information contained herei_n~ is tr. ue a/jtd accurate.
x?'~'" ..... S~g~ture
Print Name ~ ,.
Rev 9/15/98
LO & Mere Pile
Not to Sco].-
001
'Goin 1467-85-6657
ZONING HISTORY
1. Conditional Use Permit (Expansion of new & used car sales) Approved 11-13-90
2. Conditional Use Permit (Recreation vehicle sales, service & storage) Approved
6-9-92
3. Extension of Nonconforming Use Approved 3-14-95
4. Conditional Use Permit (auto sales) Approved 9-18-89
Conditional Use Permit (auto repair garage) Approved 4-14-92
Conditional Use Permit (motor vehicle sales) Approved 6-14-94
5. Street Closure Approved 7-11-88
Subdivision Variance Approved 8-28-90
Subdivision Variance Approved 4-23-91
Conditional Use Permit (Motor vehicle sales & auto repair garage) Approved 3-
14-95
6. Conditional Use Permit (auto paint shop) Approved 12-12-83
7. Reconsideration of Conditions (auto repair) Withdrawn 6-13-88
Conditional Use Permit (motor vehicle rentals) Approved 7-13-93
8. Conditional Use Permit (auto sales & service) Approved 9-28-99
Conditional Use Permit (auto sales & service) Approved 3-14-00
Street Closure Approved 3-14-00
- 39-
Item V-I.2.
PLANNING
ITEM # 48284
Mtchael d Barrett, 2101 Parks Avenue, Phone 422-1568
Upon motton by Counctlman Branch, seconded by Council Lady Wtlson, Ctty Counctl APPROVED,
SUBJECT TO COMPLIANCE, apphcattons of SALT MEADOW BA Y, L.L.C. for the dtsconttnuance,
closure and abandonment of porttons of Barberton Drtve, Bean Avenue, Barberton Drtve, South Barberton
Drive and South Oriole Drtve and ADOPTED an Ordinance for a Condtttonal Change o.[ Zontng
Apphcatton of Salt Meadow Bay, LLC for the dtsconttnuance, closure and
abandonment of portions of
(1) Barberton Drtve begtnntng on the south stde of Lasktn Road at
Bean Garden, contatntng 1 198 acres
(2) Bean Avenue begtnntng on the eastern boundary of Barberton
Drtve at Bean Garden, contatntng 17,154 square feet
(3) South Barberton Drive begtnntng at the eastern boundary of
Barberton Drtve at Bean Garden, contatntng 20, 611 square feet
(4) South Barberton Drtve begtnmng at the western boundary of
Barberton Drtve at Bean Garden, contatmng 10,188 Square feet
South Oriole Drtve begtnntng at the eastern boundary of
Barberton Drtve at Bean Garden, contatntng 6, 774 square feet
DISTRICT 6 - BEACH [Barberton Drtve formerly Woodland
Street]
The followtng condtttons shall be required
The extsttng btllboard that ts parttally located wtthtn the
Barberton Drtve rtght-of-way shall be removedprtor to final plat
recordatton
A pubhc utthttes easement, sattsfactory to Pubhc Utthttes, must
be recorded to ensure that maintenance of the tmprovements to
the 36-tnch water hne tn Barberton Drtve can be achieved
The City Attorney's Office wtll make the final determtnatton
regardtng ownershtp of the underlytngfee The purchase prtce
to be pard to the Ctty shall be determtned accordtng to the
"Pohcy Regardtng Purchase of Ctty's Interest tn Streets
Pursuant to Street Closures, "approved by Ctty Counctl Coptes
of the pohcy are avatlable tn the Planntng Department
The apphcant ts requtred to resubdtvtde the property and vacate
tnternal lot hnes to tncorporate the closed area tnto the
adjomtngparcels The plat must be submttted and approved fi~r
recordatton prior to final street closure approval
The apphcant ts requtred to vertfy that no private utthttes extst
wtthtn the right-of-way proposed for closure Prehmtnary
comments from the utthty compames tn&cate that there are
Vtrgtnta Power facthttes tn Barberton Drtve, South Barberton
Drive (easO, and South Ortole Drtve If prtvate utthttes do extst,
easements sattsfactory to the utthty company, must be provtded
Closure of the rtght-of-way shall be conttngent upon comphance
wtth the above stated condtttons wtthtn 365 days of approval by
Ctty Counctl If all con&ttons noted above are not accomphshed
and a final plat ts not approved wtthtn one year of the Ctty
Counctl's vote to close the roadway, thts approval wtll be
constdered null and votd
June 12, 2001
Item V-I. 2.
- 40-
PLANNING
ITEM # 48284 (Continued)
ORDINANCE UPON APPLICATION OF SALT MEADOW BAY, L L C
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2
AND R- 7 5 TO CONDITION Z05011200
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon apphcatton of Salt Meadow Bay, LLC for a Change of
Zonmg Dtstrtct Classtficatton from B-2 Communtty Busmess Dtstrtct and
R-7 5 Restdenttal Dtstrtct to Condtttonal A-36 Apartment District on
parcels located on the south stde of Lasktn Road, l O00 feet more or less
east of South Ortole Drtve (GPINNumbers 2418-81-0362, 2418-81-1052,
2418-71-9024, 2418-80-3710, 2418-80-3658, 2418-80-1519, 2418-80-
2564, 2418-80-9465, 2418-80-9101, 2418-80-9311, 2418-80-4448, 2418-
80-1196, 2418-80-3304, 2418-80-0020, 2418-80-8377, 2418-70-8769,
2418-70-8730, 2418-70-8614, 2418-70-7566, 2418-70-7590, 2418-70-7470
and 2418- 70-5597) The proposed zoning classtficatton to Conditional A-
36 ts for multt-famtly land use at a denstty no greater than 36 dwelhng
untts per are The Comprehensive Plan recommends use of these poarcels
for retatl, servtce, office and other compattble uses for the parcels zoned
B-2 and suburban restdenttal/low denstty for the parcels zoned R-7 5 tn
accordance wtth other plan pohctes Satd parcels contatn 22 45 acres
BEACH - DISTRICT 6
The followtng condtttons shall be requtred
1 An Agreement encompasstngproffers shall be recorded wtth the
Clerk of Ctrcutt Court
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordmance
Adopted by the Council of the Ctty of Vtrgtnta Beach, Vtrgmta, on the Twelfth of June, Two Thousand One
Vottng 8-1
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf and Rosemary Wtlson
Counctl Members Vottng Nay
Nancy K Parker
Counctl Members Absent
Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr
June 12, 2001
ORDINANCE NO:
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN STREET
KNOWN AS SOUTH BARBERTON DRIVE (30'RIGHT OF
WAY) AS SHOWN UPON THAT CERTAIN PLAT ENTITLED,
"STREET CLOSURE PLAT OF A PORTION OF SOUTH
BARBERTON DRIVE, VIRGINIA BEACH, VIRGINIA"
WHICH PLAT IS ATTACHED HERETO
WHEREAS, on June 12, 2001, Salt Meadow Bay, L L.C. has applied to the Council
of the C~ty of V~rg~ma Beach, V~rglnia, to have the hermnafier described street discontinued, closed,
and vacated; and
WHEREAS, it ~s the judgment of the Council that smd streets be discontinued,
closed, and vacated, subject to certmn conditions hawng been met on or before June 11, 2002.
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the C~ty of V~rginia Beach, V~rginia, that the
hereinafter described streets be d~scontlnued, closed, and vacated, subject to certain conditions being
met on or before June 11, 2002:
A portion of South Barberton Drive BEGINNING AT A POINT WHERE THE
EASTERN RIGHT-OF-WAY LINE OF BARBERTON DRIVE (FORMERLY
WOODLAND STREET) INTERSECTS WITH THE NORTHERN RIGHT-OF-
WAY LINE OF SOUTH BARBERTON DRIVE (FORMERLY HAYNES
AVENUE) AS SHOWN ON THE PLAT OF BEAN GARDEN RECORDED IN
THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA
BEACH IN MAP BOOK 16, PAGE 53, THENCE EASTWARDLY ALONG THE
NORTHERN RIGHT-OF-WAY LINE OF SOUTH BARBERTON DRIVE S 65° 18'
26" E, A DISTANCE OF 693.93' TO THE EASTERN TERMINUS OF SOUTH
BARBERTON DRIVE, THENCE ALONG THE EASTERN TERMINUS OF
SOUTH BARBERTON DRIVE S 49° 12' 24" W, A DISTANCE OF 32.97' TO
THE SOUTHERN LINE OF SOUTH BARBERTON DRIVE, THENCE
WESTWARDLY ALONG THE SOUTHERN RIGHT-OF-WAY LINE OF SOUTH
BARBERTON DRIVE N 65° 18' 26" W, A DISTANCE OF 680.24' TO THE
WESTERN RIGHT-OF-WAY LINE OF BARBERTON DRIVE, THENCE ALONG
THE WESTERN RIGHT-OF-WAY LINE OF BARBERTON DRIVE N 24° 40' 23"
E, A DISTANCE 30.00' TO THE POINT OF BEGINNING. SAID TRACT OF
LAND CONTAINING AN AREA OF 20,611 SQUARE FEET.
Smd portion of the street to be closed is shown as the cross-hatched area on that
certain plat of property "STREET CLOSURE PLAT OF A PORTION OF SOUTH
BARBERTON DRIVE, VIRGINIA BEACH, VIRGINIA," dated March 4, 2001,
prepared by MSA, P.C., which plat is attached hereto as Exhibit A.
GPIN'
SECTION II
The following conditions must be met on or before June 11, 2002:
1. The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City shall be determined
according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street
Closures," approved by City Council Copies of said policy are available in the Planning
Department.
2. The applicant is required to resubdlvlde the property subject to the closure and
vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be
submitted and approved for recordation prior to final street closure approval.
3. The applicant ~s required to venfy that no private utilities exist within the
right-of-way proposed for closure. Preliminary comments from the utility companies indicate that
there are Virginia Power facilities in Barberton Drive, South Barberton (east), and South Oriole
Drive. If private utilities do exist, easements satisfactory to the utility company must be provided.
4. The existing billboard that is partially located within the Barberton Drive
right-of-way shall be removed prior to final plat recordation.
5. A pubhc utilities easement, satisfactory to Public Utilities, must be recorded
to ensure that maintenance of the improvements to the 36qnch water line in Barberton Drive can be
achieved.
6. Closure of the right-of-way shall be contingent upon compliance with the
above stated conditions within 365 days of approval by City Council. If all conditions noted above
are not accomplished and a final plat is not approved within one year of the City Council's vote to
close the roadway, this approval will be considered null and void.
SECTION III
1. If the preceding conditions are not fulfilled on or before June 11, 2002, this
Ordinance will be deemed null and void without further action by the City Council.
2. If all conditions are met on or before June 11, 2002, the date of final closure
is the date the street closure ordinance is recorded by the City Attorney.
SECTION W
A certified copy of this Ordinance shall be filed ~n the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA
BEACH, as "Grantor."
June
Adopted by the Council of the City of Virginia Beach, Virginia, on this 121:hday of
,2001.
CA-8058
02/22/01
F \Data\ATYXFom~s\Deeds\STCLOSU\WORKING\ca8058 ord
APPROVED AS TO CONTENT
Plan~ng Department
APPROVED AS TO LEGAL(~FICIENCY
City Attome~y ~'~
I I I I
I
LOT 1&2
BLOCK ,3
"BEAN GARDEN"
LOT 1
(MB 16, PG 5,3)
GPIN: 2418-70-9465
I I
B~TO~ ~ (,~* ~W) (FORMEt~L Y WOODLAND ST.)
N24'40'23"E
LOT I
LOT 7 LOT ¥
LOTS 1-5
BLOCK 2
"BEAN GARDEN"
(MB 16, PG 5`3)
GPIN: 2418-80-1519
LOTS 7-9,11,1,3,
15,17,19,21,2,.3
BLOCK ,.3
"BEAN GARDEN"
(MB 16, PG 5.3)
GPIN; 2418-80-`3304
LOT 9 LOT 5
LOT 11 LOT 6
LOT 13 ~
d
y
LOT 17 ~
Z
LOT 19
LOT 21
LOT 23
LOT 7
LOT B
~ LOT9
LOT 10
LOT 11
LOT 12
LOT 1,~
LOTS 6&7
BLOCK 2
"BEAN GARDEN"
(MB 16, PG 5,3)
GPIN: 2418-80-2564
LOTS 8-13
BLOCK 2
"BEAN GARDEN"
(MB 16, PG 5`3)
GPIN: 2418-80-4448
HOLLY BEND
CONDOMINIUMS
('MB 181, PG 7)
GPIN: 2418- BO- 7205
CROSS-HATCHED AREA DENOTES
PORTION OF S. BARBETON DR. TO
BE CLOSED. AREA = 20,611 SQ. FT.
STREET CLOSURE PLAT OF
A PORT ON OF SOUTH BARBER TON DR/VE
VIRGINIA BEACH, VIRGINIA
JOB# 96038
ZONED:
!Landscape Design Planning Surveying
Engineering. Environmental Sciences
I 5033 ROUSE DRIVE, VIRG/NIA BEACH, VA 23462-3708
I PHONE (757) 490-9204 · FAX (757) 490-0634
DATE: ,3/4/01 SCALE: 1"=100' DWN BY: DJC
PLAT RECORDED IN
MB 16, PG 5,3
ORDINANCE NO:
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN STREET
KNOWN AS A PORTION OF SOUTH BARBERTON DRIVE
(30'RIGHT OF WAY) AS SHOWN UPON THAT CERTAIN
PLAT ENTITLED, "STREET CLOSURE PLAT OF A
PORTION OF SOUTH BARBERTON DRIVE, VIRGINIA
BEACH, VIRGINIA" WHICH PLAT IS ATTACHED
HERETO.
WHEREAS, on June 12, 2001, Salt Meadow Bay, L.L.C. has applied to the Council
of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed,
and vacated; and
WHEREAS, ~t is the judgment of the Council that smd streets be discontinued,
closed, and vacated, subject to certmn conditions having been met on or before June 11, 2002.
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of V~rgima Beach, Virginia, that the
hereinafter described streets be d~scont~nued, closed, and vacated, subject to certain conditions being
met on or before June 11, 2002:
A portion of South Barberton Drive BEGINNING AT A POINT WHERE THE
EASTERN RIGHT-OF-WAY LINE OF BARBERTON DRIVE (FORMERLY
WOODLAND STREET) INTERSECTS WITH THE SOUTH LINE OF SOUTH
BARBERTON DRIVE (FORMERLY HAYNES AVENUE) AS SHOWN ON THE
PLAT OF BEAN GARDEN RECORDED IN THE CLERK'S OFFICE OF THE
CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH IN MAP BOOK 16,
PAGE 53, THENCE WESTERLY ALONG THE SOUTHERN RIGHT-OF-WAY
LINE OF SOUTH BARBERTON DRIVE N 65° 18' 26" W, A DISTANCE OF
373.10' TO THE WESTERN TERMINUS OF SOUTH BARBERTON DRIVE,
THENCE ALONG THE WESTERN TERMINUS OF SOUTH BARBERTON
DRIVE S 89° 26' 57" E, A DISTANCE OF 73.35' TO THE NORTHERN RIGHT-
OF-WAY LINE OF SOUTH BARBERTON DRIVE, THENCE WESTERLY
ALONG THE NORTHERN RIGHT-OF-WAY LINE S 65° 18' 26" E, A
DISTANCE OF 306.16' TO THE WESTERN RIGHT-OF-WAY LINE OF
BARBERTON DRIVE, THENCE ALONG THE WESTERN RIGHT-OF-WAY
LINE S 24° 40' 26" W, A DISTANCE OF 30.00' TO THE POINT OF
BEGINNING. SAID TRACT OF LAND CONTAINING AN AREA OF 10,188
SQUARE FEET.
Smd pomon of the street to be closed is shown as the cross-hatched area on that
certain plat of property "STREET CLOSURE PLAT OF A PORTION OF SOUTH
BARBERTON DRIVE, VIRGINIA BEACH, VIRGINIA," dated March 4, 2001,
prepared by MSA, P.C., which plat ~s attached hereto as Exhibit A.
GPIN:
SECTION II
The following conditions must be met on or before June 11, 2002:
1. The C~ty Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be prod to the City shall be determined
according to the "Pohcy Regarding Purchase of City's Interest in Streets Pursuant to Street
Closures," approved by C~ty Council. Cop~es of said pohcy are available in the Planning
Department.
2. The apphcant ~s reqmred to resub&wde the property subject to the closure and
vacate internal lot lines to incorporate the closed area into the adjo~mng parcels. The plat must be
submitted and approved for recordation prior to final street closure approval.
3. The applicant is required to verify that no private utilities exist within the
right-of-way proposed for closure. Prehminary comments from the utility companies indicate that
there are V~rg~ma Power facilities in Barberton Drive, South Barberton (east), and South Oriole
Drive. If private utilities do exist, easements satisfactory to the utility company must be provided.
4. The existing billboard that is part~ally located within the Barberton Drive
right-of-way shall be removed prior to final plat recordation.
5. A pubhc utiht~es easement, satisfactory to Public Utihties, must be recorded
to ensure that mmntenance of the ~mprovements to the 36qnch water line in Barberton Drive can be
achieved.
6. Closure of the right-of-way shall be contingent upon compliance w~th the
above stated conditions within 365 days of approval by City Council. If all conditions noted above
are not accomplished and a final plat ~s not approved within one year of the C~ty Council's vote to
close the roadway, th~s approval will be considered null and void.
SECTION III
1. If the preceding conditions are not fulfilled on or before June 11, 2002, this
Ordinance will be deemed null and void w~thout further action by the City Council.
2. If all conditions are met on or before June 11, 2002, the date of final closure
~s the date the street closure ordinance ~s recorded by the City Attorney.
SECTION IV
A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit
Court of the City of Vlrgima Beach, Virginia, and Indexed in the name of the CITY OF VIRGINIA
BEACH, as "Grantor."
June
Adopted by the Council of the City of Virginia Beach, Virginia, on this
,2001
12 day of
CA-8060
02/22/01
F \Data\ATYXFom~s\Deeds\STCLOSU\WORKING\ca8060 ord
APPROVED AS TO CONTENT
Plannln~"l~epartment
APPROVED AS TO LE~3~FICIENCY
City Attorn%y
LOTS 7,9,11,13,15,176:19
BLOCK 8
"BEAN GARDEN"
(MB 16, PG 55)
GPIN: 2418-70-5597
LOT 1
BLOCK 8
"BEAN GARDEN"
(MB 16, PO 55)
GPIN: 2418-70-7566
LOT 15
LOT 15
LOT 11
LOT 9
LOT 7 ~
LOT I
D.A. SL A CKZr
IDA S. SLACK
(DB 617, PG 567)
('DB 156B, PG 195)
(MB 4B, PC 52)
LOT 19
LOT 19
BLOCK 9
"BEAN GARDEN"
(MB 16, PG 55)
GPIN: 2418-70-8614
S24'40
,e,,um r
(FOt~MEt~L Y WOODL A ND S T.)
CROSS-HATCHED AREA DENOTES
PORTION Of S. BARBERTOWN DR. TO
BE CLOSED. AREA = 10,188 SQ. FT.
STREET CLOSURE PLAT OF
A PORRON OF SOUTH BARBER TON DR/VE
VIRGINIA BEACH, VIRGINIA
JOB~96058
ZONED: N/A
MSA, P.C.
Landscape Design- Planning Surveying
Engineering · Environmenta/Sciences
5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462-J708
PHONE (757) 4.90-9264. FAX (757) 490-0654
ILl
PLAT RECORDED IN
I O^TE: 3/,,/Ol I SC^LE: ~'=SO' I I
MB 16, PG 53
ORDINANCE NO:
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THOSE CERTAIN
STREETS KNOWN AS A PORTION OF BEAN AVENUE (30'
RIGHT OF WAY) AS SHOWN UPON THAT CERTAIN PLAT
ENTITLED, "STREET CLOSURE OF A PORTION OF BEAN
AVENUE, VIRGINIA BEACH, VIRGINIA" WHICH PLAT IS
ATTACHED HERETO AS EXHIBIT A.
WHEREAS, on June 11,2001, Salt Meadow Bay, L.L.C. has applied to the Council
of the City of V~rglnla Beach, Virginia, to have the hereinafter described street discontinued, closed,
and vacated; and
WHEREAS, it is the judgment of the Council that said streets be discontinued,
closed, and vacated, subject to certain con&t~ons having been met on or before June 11, 2002.
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the
hereinafter described streets be &scontinued, closed, and vacated, subject to certmn conditions being
met on or before June 11, 2002:
A portion of Bean Avenue BEGINNING AT A POINT WHERE THE EASTERN
RIGHT-OF-WAY LINE OF BARBERTON DRIVE (FORMERLY WOODLAND
STREET) INTERSECTS WITH THE NORTHERN RIGHT-OF-WAY LINE OF
BEAN AVENUE AS SHOWN ON THE PLAT OF BEAN GARDEN RECORDED
IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF
VIRGINIABEACH INMAP BOOK 16, PAGE 53, THENCE EASTERLY ALONG
THE NORTHERN LINE OF BEAN AVENUE S 65° 18' 26" E, A DISTANCE OF
546.14' TO THE EASTERN TERMINUS OF BEAN AVENUE, THENCE ALONG
THE EASTERN TERMINUS S 35° 01' 26" E, A DISTANCE OF 59.48' TO THE
SOUTHERN RIGHT-OF-WAY LINE OF BEAN AVENUE, THENCE
WESTERLY ALONG THE SOUTHERN RIGHT-OF-WAY LINE OF BEAN
AVENUE N 65° 18' 26" N, A DISTANCE OF 597 50' TO THE EASTERN
RIGHT-OF-WAY LINE OF BARBERTON DRIVE, THENCE ALONG THE
EASTERN RIGHT-OF-WAY LINE OF BARBERTON DRIVE N 24° 41' 45" E,
A DISTANCE OF 30.00' TO THE POINT OF BEGINNING. SAID TRACT OF
LAND CONTAINING AN AREA OF 17,154 SQUARE FEET.
Said portions of the streets to be closed shown as the cross-hatched area on that
certmn plat of property "STREET CLOSURE PLAT OF A PORTION OF BEAN
AVENUE, VIRGINIA BEACH, VIRGINIA," dated March 4, 2001, prepared by
MSA, P.C., which plat ~s attached hereto as Exhibit A.
GPIN:
SECTION II
The following conditions must be met on or before June 11, 2002:
1. The C~ty Attomey's Office will make the final determlnat~on regarding
ownership of the underl3ang fee. The purchase price to be paid to the City shall be determined
according to the "Pohcy Regarding Purchase of City's Interest in Streets Pursuant to Street
Closures," approved by City Council. Copies of said policy are available in the Planning
Department.
2. The applicant is required to resubdiv~de the property subject to the closure and
vacate ~ntemal lot lines to incorporate the closed area into the adjo~mng parcels. The plat must be
submitted and approved for recordation prior to final street closure approval.
3. The apphcant ~s required to verify that no private utilities exist w~thin the
right-of-way proposed for closure. Preliminary comments from the utihty companies indicate that
there are Virginia Power facilities in Barberton Drive, South Barberton (east), and South Oriole
Drive. If private utilities do exist, easements satisfactory to the utility company must be provided.
4. The existing billboard that is partially located within the Barberton Drive
right-of-way shall be removed prior to final plat recordation.
5. A public utilities easement, satisfactory to Public Utilities, must be recorded
to ensure that maintenance of the improvements to the 36qnch water hne in Barberton Drive can be
achieved.
6. Closure of the right-of-way shall be contingent upon compliance with the
above stated conditions within 365 days of approval by City Council. If all conditions noted above
are not accomphshed and a final plat ~s not approved within one year of the City Council's vote to
close the roadway, this approval will be considered null and void.
SECTION HI
1. If the preceding conditions are not fulfilled on or before June 11, 2002, this
Ordinance will be deemed null and void without further action by the City Council.
2 If all conditions are met on or before June 11, 2002, the date of final closure
the date the street closure ordinance is recorded by the City Attorney.
SECTION IV
A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, and indexed ,n the name of the CITY OF VIRGINIA
BEACH, as "Grantor."
June
Adopted by the Councd of the C~ty of Virginia Beach, Virg~ma, on th~s ~
,2001.
12 dayof
CA-8059
02/22/01
F XData\ATYXFom~s\Deeds\STCLOSU\WORKING\ca8059 ord
APPROVED AS TO CONTENT
Department
APPROVED AS TO LEGALtSrI~ICIENCY
Cay Attorney
LOTS 1-5
BLOCK 2
"BEAN GARDEN"
(MB 16, PG 55)
GPIN: 241S-SO-1519
OR.. (,.~0' R~W) (FOt~MERL Y WOODLAND ST.) N24 '45"E
~ -.:..~ LOTS 1-19 &: PORTION OF
WOODLAND ST. (BARBERTON DR.)
BLOCK 1
LOT 3 LOT 17 "BEAN GARDEN"
(MB 16, PG 53)
GPIN: 2418-81-1052
LOT 4 LOT 18
LOTS 6&:7
BLOCK 2
"BEAN GARDEN"
(MB 16, PG 53)
GPIN: 2418-80-2564
LOTS 8-1,3
BLOCK 2
"BEAN GARDEN"
(MB 16, PG 53)
GPIN: 2418-80-4448
LOT 5
·
LOT 6
LOT 7
LOT 8 z
LOT 9
LOT 10
LOT 11
LOT 12
~ LOT 19
J
c~ LOT 20
~ LOT 21
'~- LOT 22
22 BLOCK 1
"BEAN GARDEN"
(MB 16, PG 53)
GPIN: 2418-80- 3658
LOTS 20&21
BLOCK 1
"BEAN GARDEN"
(MB 16, PG 5,:3)
GPIN: 2418-80-5710
LOT 13
CITY OF VIt~GINIA B£A CH
(DB 157, PG 558)
('DB 200, PC 119)
('DB 219, PG 511,)
(Me 8~, PC 57)
CROSS-HATCHED AREA DENOTES
PORTION OF BEAN AVE. TO
BE CLOSED. AREA = 17,154 SQ. FT.
STREET CLOSURE PLAT OF
A PORDON OF BEAN AVENUE
VIRGINIA BEACH, VIRGINIA
JOB//96038
ZONED: N/A
MSA, P.C.
Landscape Design. Planning Surveying
Engineering- Environmental Sciences
5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462-J708
PHO.¥/~ (757) 490-9264 · FAX (757) 490-0654
A,li, ,,I
A,. ·
PLAT RECORDED IN
J DATE: 3/4/01 I SCALE: 1"=100' J DWN BY: DJC I
MB 16, PG 53
ORDINANCE NO:
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN STREET
KNOWN AS A PORTION OF BARBERTON DRIVE AS
SHOWN UPON THAT CERTAIN PLAT ENTITLED,
"STREET CLOSURE PLAT OF A PORTION OF
BARBERTON DRIVE, VIRGINIA BEACH, VIRGINIA"
WHICH PLAT IS ATTACHED HERETO.
WHEREAS, on June 12, 2001, Salt Meadow Bay, L L.C. has applied to the Council
of the City of Virglma Beach, Virgima, to have the hereinafter described street discontinued, closed,
and vacated; and
WHEREAS, it 1S the judgment of the Council that said streets be discontinued,
closed, and vacated, subject to certain conditions having been met on or before June 12, 2002.
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the
hereinafter described streets be discontinued, closed, and vacated, subject to certmn conditions being
met on or before June 11, 2002:
A portion of Barberton Drive BEGINNING AT A POINT WHERE THE EASTERN
RIGHT-OF-WAY LINE OF BARBERTON DRIVE INTERSECTS WITH THE
SOUTHERN LINE OF SOUTH BARBERTON DRIVE AS SHOWN ON THE
PLAT OF BEAN GARDEN RECORDED IN THE CLERK'S OFFICE OF THE
CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH IN MAP BOOK 16,
PAGE 53, THENCE SOUTHWARDLY ALONG THE EASTERN RIGHT-OF-
WAY LINE OF BARBERTON DRIVE S 24° 41' 01" W, A DISTANCE OF
100.00', THENCE N 65° 18' 26" W, A DISTANCE OF 50.00' TO THE WESTERN
RIGHT-OF-WAY LINE OF BARBERTON DRIVE, THENCE NORTHWARDLY
ALONG THE WESTERN RIGHT-OF-WAY N 24° 41' 01" E, A DISTANCE OF
100.00'; THENCE N 24° 40' 26" E, A DISTANCE OF 30.00'; THENCE N 24° 41'
19" E, A DISTANCE OF 325.42'; THENCE ALONG THE ARC OF A CURVE TO
THE LEFT THE RADIUS OF WHICH IS 275.00' AN ARC DISTANCE OF
198 32'; THENCE ALONG THE ARC OF A CURVE TO RIGHT THE RADIUS
OF WHICH IS 325.00', AN ARC DISTANCE OF 232.79'; THENCE N 24° 24' 45"
E, A DISTANCE OF 141.84' TO THE SOUTHERN RIGHT-OF-WAY LINE OF
LASKIN ROAD, THENCE EASTWARDLY ALONG THE SOUTHERN RIGHT-
OF-WAY LINE OF LASK/N ROAD N 82° 51' 37" E, A DISTANCE OF 58.67' TO
THE EASTERN RIGHT-OF-WAY LINE OF BARBERTON DRIVE, THENCE
SOUTHWARDLY ALONG THE EASTERN RIGHT-OF-WAY LINE OF
BARBERTON DRIVE S 24° 24' 45" W, A DISTANCE OF 172.54'; THENCE
ALONG THE ARC OF A CURVE TO THE LEFT, THE RADIUS OF WHICH IS
275 00', AN ARC DISTANCE OF 196.98', THENCE ALONG THE ARC OF A
CURVE TO THE RIGHT, THE RADIUS OF WHICH IS 325.00' AN ARC
DISTANCE OF 234.38', THENCE S 24° 41' 35" W, A DISTANCE OF 145.46';
THENCE S 24° 41' 45" W, A DISTANCE OF 30.00'; THENCE S 24° 41' 01" W,
A DISTANCE OF 150.00'; THENCE S 24° 40' 23" W, A DISTANCE OF 30.00'
TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING AN
AREA OF 52,195 SQUARE FEET.
GPIN:
Said portion of the street to be closed is shown as the cross-hatched area on that
certain plat of property "STREET CLOSURE PLAT OF A PORTION OF
BARBERTON DRIVE, VIRGINIA BEACH, VIRGINIA," dated March 4, 2001,
prepared by M SA, P.C., which plat is attached hereto as Exhibit A.
SECTION II
The following conditions must be met on or before June 11, 2002:
1. The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City shall be determined
according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street
Closures," approved by City Council. Copies of said policy are available in the Planning
Department.
2. The applicant is required to resubdivide the property subject to the closure and
vacate internal lot lines to incorporate the closed area into the adjoimng parcels. The plat must be
submitted and approved for recordation prior to final street closure approval.
3 The applicant is required to verify that no private utilities exist within the
right-of-way proposed for closure. Preliminary comments from the utility companies indicate that
there are Virginia Power facilities in Barberton Drive, South Barberton (east), and South Oriole
Drive. If private utilities do exist, easements satisfactory to the utility company must be provided.
4. The existing billboard that 1s partially located within the Barberton Drive
right-of-way shall be removed prior to final plat recordation.
5. A public utlhtles easement, satisfactory to Public Utilities, must be recorded
to ensure that maintenance of the Improvements to the 36-inch water line in Barberton Drive can be
achieved.
6. Closure of the right-of-way shall be contingent upon compliance w~th the
above stated conditions within 365 days of approval by City Council. If all conditions noted above
are not accomplished and a final plat 1s not approved within one year of the City Council's vote to
close the roadway, this approval will be considered null and void.
SECTION III
1. If the preceding conditions are not fulfilled on or before June 11, 2002, this
Ordinance will be deemed null and void without further action by the City Council.
2. If all conditions are met on or before June 11, 2002, the date of final closure
~s the date the street closure ordinance ~s recorded by the C~ty Attorney.
SECTION IV
A certffied copy of th~s Ordinance shall be filed ~n the Clerk's Office of the C~rcuit
Court of the City of V~rg~ma Beach, V~rginia, and ~ndexed in the name of the CITY OF VIRGINIA
BEACH, as "Grantor"
June
Adopted by the Councd of the C~ty of Virginia Beach, V~rgima, on this
.,2001.
12
day of
CA-8057
02/22/01
F \DataXATYXFom~s\Deeds\STCLOSU\WORKING\ca8057 ord
APPROVED AS TO CONTENT
Planing Department
APPROVED AS TO LEG/~...~FFICIENCY
City Attorney
FOUt~ S TAt~ Pt~ODUC TIONS
('DB 2371, PC 991~
(MB 111, PC 117~
CROSS-HATCHED AREA DENOTES
PORTION Of BARBERTON DR. TO
BE CLOSED. AREA = 52,195 SQ. FT.
£y'/.//,~'/¢- ,,q !
LOTS 1-13
PT~: LOT 14
BLOCK 9
(5'
"BEAN GARDEN"
(MB 16, PG 53)
GPIN' 2418-81-0362
PT. LOTS 1-13
& LOT 14
BLOCK 9
"BEAN GARDEN"
(MB 16, PG 53)
GPIN: 2418-71-9024
4o~ ~
LOTS 15&16
BLOCK 9
"BEAN GARDEN"
(MB 16, PG 5,3)
GPIN: 2418-70-8769
LOTS 17&18 ~0~
"BEAN GARDEN"
BLOCK 9
(MB 16, PG 53) ~'o~
GPIN: 2418-70-87,.30 '"->
,o 4,o~ ~-"'~
LOT
,, BLOCK
BEAN GARDEN
(MB 16, PG 5,.3)
GPIN: 2418-70-7566
LOT 2
"BEAN GARDEN"
BLOCK 8
(MB 16, PG 5.3)
GPIN: 2418-70-7590
N65'18'26"W
50.00'
LOTS 1 - 19
BLOCK 1
"BEAN GARDEN"
(MB 16, PG 5.3)
GPIN: 2418-81-1052
LOTS 1-5
BLOCK 2
"BEAN GARDEN"
(MB 16, PG 53)
GPIN: 2418-80-1519
LOTS 1 &2
~'0,~.,~ BLOCK 3
"BEAN GARDEN"
(MB 16, PG 5.3)
GPIN: 2418-70-9465
JOB¢/96038
ZONED: N/A
STREET CLOSURE PLAT OF
A POt 7 ON OF BA B£t TON Dt I
VIRGINIA BEACH, VIRGINIA
M, SA, P.C
Landscape Design. Planning Surveying
Engineering. Environmental Sciences
5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462.3708
PHONE (757) 490-9264 · FAX (757) 490-0634
DATE: 3/4/01 SCALE: 1"=100' DWN BY: DJC
PLAT RECORDED IN
MB 16, PG 53
ORDINANCE NO:
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN STREET
KNOWN AS A PORTION OF SOUTH ORIOLE DRIVE AS
SHOWN UPON THAT CERTAIN PLAT ENTITLED,
"STREET CLOSURE PLAT OF A PORTION OF SOUTH
ORIOLE DRIVE, VIRGINIA BEACH, VIRGINIA" WHICH
PLAT IS ATTACHED HERETO.
WHEREAS, on June 12, 2001, Salt Meadow Bay, L L.C. has applied to the Council
of the City of Vlrgima Beach, V~rginia, to have the hereinafter described street discontinued, closed,
and vacated; and
WHEREAS, ~t is the judgment of the Council that said streets be discontinued,
closed, and vacated, subject to certmn con&t~ons hawng been met on or before June 11, 2002.
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Vlrg~ma Beach, Virgima, that the
hereinafter described streets be d~scont~nued, closed, and vacated, subject to certain conditions being
met on or before June 11, 2002:
A portion of South Oriole Drive BEGINNING AT A POINT WHERE THE
EASTERN RIGHT-OF-WAY LINE OF BARBERTON DRIVE (FORMERLY
WOODLAND STREET) INTERSECTS WITH THE NORTHERN RIGHT-OF-
WAY LINE OF SOUTH ORIOLE DRIVE AS SHOWN ON THE PLAT OF BEAN
GARDEN RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT
OF THE CITY OF VIRGINIA BEACH IN MAP BOOK 16, PAGE 53, THENCE
EASTERLY ALONG THE NORTHERN LINE OF SOUTH ORIOLE DRIVE S 65°
18' 26" E, A DISTANCE OF 224.83' TO THE EASTERN TERMINUS OF SAID
SOUTH ORIOLE DRIVE, THENCE ALONG THE EASTERN TERMINUS S 24°
41' 34", A DISTANCE OF 30.00' TO THE SOUTHERN RIGHT-OF-WAY LINE
OF SOUTH ORIOLE DRIVE, THENCE ALONG THE SOUTHERN RIGHT-OF-
WAY LINE N 65° 18' 26" W, A DISTANCE OF 226.82' TO THE EASTERN
RIGHT-OF-WAY LINE OF BARBERTON DRIVE, THENCE ALONG THE
EASTERN RIGHT-OF-WAY LINE OF BARBERTON DRIVE N 28° 25' 31" E, A
DISTANCE OF 30 06' TO THE POINT OF BEGINNING. SAID TRACT OF
LAND CONTAINING AN AREA OF 6,774 SQUARE FEET.
Said port~on of the street to be closed ~s shown as the cross-hatched area on that
certmn plat of property "STREET CLOSURE PLAT OF A PORTION OF SOUTH
ORIOLE DRIVE, VIRGINIA BEACH, VIRGINIA," dated March 4, 2001, prepared
by MSA, P C., which plat is attached hereto as Exhibit A.
GPIN.
SECTION II
The following conditions must be met on or before June 11, 2002:
1. The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City shall be determined
according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street
Closures," approved by City Council. Copies of smd policy are available in the Planning
Department.
2. The applicant is required to resubdivide the property subject to the closure and
vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be
submitted and approved for recordation prior to final street closure approval.
3. The applicant is required to verify that no pnvate utilities exist within the
right-of-way proposed for closure. Preliminary comments from the utility companies indicate that
there are V~rginia Power facilities in Barberton Drive, South Barberton (east), and South Oriole
Drive. If private utilities do exist, easements satisfactory to the utility company must be provided.
4. The existing billboard that is partially located within the Barberton Drive
right-of-way shall be removed prior to final plat recordation.
5. A public utlhtles easement, satisfactory to Public Utilities, must be recorded
to ensure that maintenance of the improvements to the 36-inch water line in Barberton Drive can be
achieved.
6. Closure of the right-of-way shall be contingent upon compliance with the
above stated conditions within 365 days of approval by City Council. If all conditions noted above
are not accomplished and a final plat is not approved within one year of the City Council's vote to
close the roadway, this approval will be considered null and void.
SECTION III
1. If the preceding conditions are not fulfilled on or before June 11, 2002, this
Ordinance will be deemed null and void without further action by the City Council.
2. If all conditions are met on or before June 11, 2002, the date of final closure
is the date the street closure ordinance is recorded by the City Attomey.
SECTION IV
A certified copy of th~s Ordinance shall be filed ~n the Clerk's Office of the Circuit
Court of the C~ty of V~rginia Beach, V~rgima, and indexed ~n the name of the CITY OF VIRGINIA
BEACH, as Grantor.
June
Adopted by the Council of the City of V~rginia Beach, V~rginia, on th~s 12
,2001.
day of
CA-8061
02/22/01
F \DalaXATYXFom~s\Deeds\STCLOSU\WORKING\ca8061 ord
APPROVED AS TO CONTENT
Planmng Department
APPROVED AS TO LEGAL SUFFICIENCY
C~ty Attorney
('t-Ot~M~'I~L y WOODLAND S~
N28~5'31~
LOT 6
BLOCK
"BEAN (;ARDEN"
~¢U~ GPIN: 2418-70-8277
LOTS 1
BLOCK 4
"BEAN (;ARDEN"
(Ua 16, PG
GPIN: 2418-80-0020
LOT 7
LOT 9
LOT 7-9,11,13,15,17,19,21,23
BLOCK 3
LOT 8 "BEAN (;ARDEN"
(MB 16, PG 5,.3)
(;PIN' 2418-80-3304
30.
S24'41 '34"W
LOT 10
LOT 10 BLOCK 3
"BEAN (;ARDEN"
(;PIN: 2418-80-1196
CROSS-HATCHED AREA DENOTES
PORTION OF SOUTH ORIOLE DR. TO
BE CLOSED. AREA = 6,774 SQ. FT.
STREET CLOSURE PLAT OF
A POt ON OF SOUTH Ol lOZ£ Dt IVE
VIR(;INIA BEACH, VIR(;INIA
MSA,
/1L ~f
t--A
J.,!
Landscape Design. Planning Surveying
Engineering- Environmental Sciences
?
5033 ROU SE DRIVE, VIRGINIA BEACH, V.~ 2.t462-3708
JOB# 96058 PLAT RECORDED IN
ZONED: N/A I DATE: 3/4/01 I SCALE: 1"=40' I DWN aY: DJC I MB 16, PG 53
AGENDA ITEMS # 13 through # 17 ! STREET
CLOSURES
SALT MEADOW BAY, LLC (Portions of
Barberton Drive, Bean Avenue, South Barberton
Drive, and South Oriole Drive)
May 9, 2001
GENERAL INFORMATION
Site Location,
Size and
Request:
(# 13)
discontinuance, closure and abandonment of a portion of
Barberton Drive (formerly Woodland Street) beginning on
the south s~de of Laskin Road, abutting Lots 1 through 19,
Block 9, Bean Garden, Lots 1 and 2, Block 8, Bean
Garden, Lots 1 & 2, Block 3, Bean Garden, Lots 1,2 & 3,
Block 2, Bean Garden and Lots 14, 15, 16 & 17, Block 1,
Bean Garden. Said parcel contains 1.198 acres /
DISTRICT 6 - BEACH.
(# 14)
discontinuance, closure and abandonment of a portion of
Bean Avenue beginning on the eastern boundary of
Barberton Drive (formerly Woodland Street), abutting Lots
3 through 13, Block 2, Bean Garden and Lots 17 through
22, Block 1, Bean Garden. Said parcel contains 17,154
square feet / DISTRICT 6 - BEACH.
(# 15)
discontinuance, closure and abandonment of a portion of
South Barberton Drive beginning at the eastern boundary
of Barberton Drive (formerly Woodland Street, abutting
Lots 1,7, 9, 11, 13, 15, 17, 19, 21 and 23, Block 3, Bean
Garden and Lots 1 and 4 through 13, Block 2, Bean
Garden. Said parcel contains 20,611 square feet /
DISTRICT 6 - BEACH.
(# 16) discontinuance, closure and abandonment of a portion of
South Barberton Drive beginning at the western boundary
of Barberton Drive (formerly Woodland Street), abutting
Lots 1,7, 9, 11, 13 and 15, Block 8, Bean Garden and Lot
19, Block 9, Bean Garden. Said parcel contains 10,188
square feet / DISTRICT 6 - BEACH.
PC Agenda, May 9, 2001 - Page13/17-1
Staff Planner:
Purpose:
(# 17) discontinuance, closure and abandonment of a portion of
South Oriole Drive beginning at the eastern boundary of
Barberton Drive, abutting Lots 1,7 and 9, Block 4, Bean
Garden and Lots 6, 8 and 10, Block 3, Bean Garden.
Said parcels contain 6,774 square feet / DISTRICT 6 -
BEACH.
Barbara Duke
To close several contiguous unimproved streets and incorporate
the property into a proposed residential development.
LAND USE ZONING AND SITE CHARACTERISTICS
Existing Land Use & Zoning:
The southern 300 foot of the portion of Barberton Drive proposed for closure is
currently paved as access to several existing single-family homes, all of which are
owned by the applicant. There is an existing billboard partially located within the
right of way of Barberton Drive at the intersection with Laskin Road. The
remainders of the rights-of-way proposed for closure are undeveloped. The
property surrounding these rights of way is zoned B-2 Business District or R-7.5
Residential District.
Surrounding Land Use and Zoning:
North:
South:
East:
West: ·
Shopping Center / B-2 Community Business District
Apartments, single-family and duplex dwellings / A-24
Apartment District and R-7.5, R-5D and R-5S Residential
Districts
City Park, apartments and duplex dwellings / R-7.5 and R-5D
Residential Districts and A-12 Apartment District
Movie theater, apartments and single-family dwellings / B-2
Community Business District, A-12 Apartment District and R-
10 and R-7.5 Residential Districts
Zoning History:
Most of the zoning changes in this area are concentrated along Laskin Road and
have been oriented toward commercial uses as shown on the zoning history map.
In 1979, Barberton Drive was closed and relocated to its present alignment to
facilitate construction of the Public Utilities water tank, which is located between the
subject site and the City park.
PC Agenda, May 9, 2001 - Page 13/17-2
COMPREHENSIVE PLAN
The Comprehensive Plan recommends this area to be used in accordance with the
existing zoning. The area zoned B-2 Business District should be used for retail,
service, office and other compatible uses to serve surrounding neighborhoods and
communities. The area zoned R-7.5 should be used for suburban residential/Iow
density housing at or below 3.5 dwelling units per acre.
PUBLIC SERVICES AND FACILITIES
Water/Sewer:
Bean Avenue - There are no public water or sewer facilities within this right-of-way.
South Barberton Drive (east) - Them are no public water or sewer facilities within
this right-of-way.
South Barberton Drive (west) - There are no public water or sewer facilities within
this right-of-way.
South Oriole Drive- There are no public water or sewer facilities within this right-of-
way.
Barberton Drive-
A 36 inch water line is located in the northern 200 feet connecting to facilities in
Laskin Road. An appropriate public utility easement dedicated over this line is
required.
Public Works:
There are no drainage facilities in the rights-of-ways proposed for closure, with the
exception of drainage swales and roadway pavement in the southern 300 feet of the
portion of Barberton Drive proposed for closure. Abandonment of these
improvements will be addressed during detailed site plan review should this site be
developed.
Fire Protection:
Adequate
Police Protection:
Adequate
PC Agenda, May 9, 2001 - Page13/17-3
EVALUATION
The Viewers have determined that there will be no inconvenience to the public
created by closing the proposed street sections because the rights-of-way are
currently undeveloped and there are no plans to improve these rights-of-way for
public use in the future. The applicant owns all of the adjacent properties and
intends to consolidate the land to develop a private residential community. After
closure, the consolidated parcel will have opportunities for access from Laskin Road
to the north and from Barberton Drive to the south. The request to close portions of
Barberton Drive, South Barberton Drive (east), South Barberton Drive (west), South
Oriole Drive and Bean Avenue are recommended for approval subject to the
conditions hsted below.
CONDITIONS
1. The existing billboard that is partially located within the Barberton Drive right-of-
way shall be removed prior to final plat recordation.
2. A public utilities easement, satisfactory to Public Utilities, must be recorded to
ensure that maintenance of and improvements to the 36 inch water line in
Barberton Drive can be achieved.
.
The City Attorney's Office will make the final determination regarding ownership
of the underlying fee. The purchase price to be paid to the City shall be
determined according to the "Policy Regarding Purchase of City's Interest in
Streets Pursuant to Street Closures," approved by City Council. Copies of the
policy are available in the Planning Department.
,
The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The plat shall be
submitted and approved for recordation prior to final street closure approval.
.
The applicant is required to verify that no private utilities exist within the right-of-
way proposed for closure. Preliminary comments from the utility companies
indicate that there are Virginia Power facilities in Barberton Drive, South
Barberton Drive (east), and South Oriole Drive. If private utilities do exist,
easements satisfactory to the utility company, must be provided.
6. Closure of the right-of-way shall be contingent upon compliance with the above
stated conditions within 365 days of approval by City Council. If all conditions
noted above are not accomplished and a final plat is not approved within 1 year
of the City Council's vote to close the roadway, this approval will be considered
null and void.
PC Agenda, May 9, 2001 - Page13/17-4
INote: Further conditions may be required during the administration of applicable City~
Ordinances.
I
PC Agenda, May 9, 2001 - Page13/17-5
PC Agenda, May 9, 2001 - Page13/17-6
CROSS-HATCHED AREA DENOTES
PORTION OF' BARBERTON DR, TO
BE CLOSED. AREA ,. 52,195 SO. FT.
PT. LOTS 1-
& LOT 14
BLOCK 9
'BEAN GARDE
(ue 16, Pc
C,P~N: 2418-81-13
PT. LOTS 1-15
&: LOT 14
. BLOCK 9
BEAN GARDEN"
(MB lB, PO 53)
GIqN: 2418- 71 - 9024
LOTS 15&:16
. BLOCK 9
.BEAN GARDEN
(MB 16, PG 53,)
GPIN: 2418-70-8769
LOTS 17&:18
'BEAN GARDEN"
BLOCK 9
(MB 16, PO 53)
GPIN: 2418-70-8750
"""~ LOTS 1-19
BLOCK 1
"BEAN GARDEN"
(MB 16. PO 53)
GPIN: 2418-81 - 1052
LO
. BLOCK
BEAN GAl
(MB 16, PG 53)
Gl=IN: 2418- 70-7566
. LOT 2
BEAN GARDEN
BLOCK 8
(Ma 16, PO 53)
Gl=IN: 2418- 70- 759(
LOTS 1-5
BLOCK 2
"BEAN GARDEN'
(ua 16, Po 53)
GPIN: 2418- 80-1519
LOTS 1
BLOCK 3
"BEAN GARDEN"
(ua lS. PO 53)
OPEN= 241B- 70- 946(S
STREET CLOSURE PLAT OF
~ROINIA BEACH, ~RGINIA
PC Agenda, May 9, 2001 - Page 13/17-7
iiii I J III I I jl .~ jI I J I II jl I _
~~N ~ (,,~0' ny'W) (romzc,~z ~' woooz AND SZ)
LOTS 1-5
BLOCK 2
"BEAN GARDEN"
(MB 16. Pa 53)
GPIN: 2418-80-1519
LOT 3
LOT 4
LOTS 1-19 & PORTION OF
WOODLAND ST. (BARBERTON DR.')
BLOCK 1
ZOT 17 'BEAN GARDEN'
(MB 16, PG 53)
GPIN: 2418-81-1052
lOT 1~
LOTS 6&7
BLOCK 2
'BEAN GARDEN"
(MB 16. PG 53)
GPIN: 2418-80-2564
LOT 5
LOT l
LOT 8 z
LOTS 8-13
BLOCK 2
"BEAN GARDEN"
(UB 16, PO 53)
GPIN: 241 B- BO- 4448
LOT 9
lOT 10
lOT 11
LOT I2
~ LOT ~
c~ LOTS 20&21
~5 /. OT 20 BLOCK 1
'r~ 'BEAN GARDEN"
(MB 16,, PG 53)
u,/.OF2! GPIN:2418-80-3710
LOT 22
22 BLOCK 1
"BEAN GARDEN"
(MB 16, PG 53)
GPIN: 2418-80-3658
LOT
CROSS-HATCHED AREA DENOTES
PORTION OF BEAN AVE. TO
BE CLOSED. AREA = 17,154 SQ. FT,
STREET CLOSURE PLAT OF
A PORllON OF BEAN A~NUE
VIROINIA BEACH, VIRGINIA
PC Agenda, May 9, 2001 - Page13/17-8
LOTS 7,9,11,13,15,17&19
BLOCK 8
"BEAN GARDEN"
(MB 16. PG 53)
GPIN: 2418-70- 5597
LOT 1
BLOCK 8
"BEAN GARDEN"
(MB 16, PG 53)
GPIN: 2418- 70- 7566
I. OT 15
LOT 15
LOT I1
LOT 9
LOT Y
LOT I
LOT 19
LOT 19
BLOCK 9
"BEAN GARDEN"
(~B is. PC 53)
GPIN: 2418-70-8614
('FOt~M£t~L Y WOODLAND ST.)
CROSS-HAICHED AREA DENOTES
PORTION OF S. BARBERTOWN DR. TO
BE CLOSED. AREA '-- 10,188 SO. FT.
STREET CLOSURE PLAT OF
A PORTICW OF SOUTH BARBERTON DRIIIE
VIRGINIA BEACH, VIRGINIA
PC Agenda, May 9, 2001 - Page 13/17-9
LOT 1&2 ?~,~{'() "~'?""-.~'
BLOCK 3
"BEAN GARDEN"
(MB 16, PO 53) LOT1 lOT1
GPIN: 2418,- 70-9465
LOT 7 LOT 4
LOTS 1-5
BLOCK 2
'BEAN GARDEN"
(MB 16. PG 53)
GPIN: 2418-80-1519
LOT 9 ,fO/' 5
LO/' 11 lOT 6
LOTS 7-9.11.13,
15,17,19,21,23
BLOCK 3 LOT I3
'BEAN GARDEN'
(MB 16. PG 5,:3)
GPIN;2418-80-3304 LO7' 15
· LOT 9
z '~.
LO/' 19 LOT 10
LO/' 21 LOT 11
LOT 2,,~
LOT 12
LOT 1,~
LOTS 6&7
BLOCK 2
"BEAN GARDEN"
(MB 16, PG 53)
GPIN: 2418-80-2564
LOTS 8-13
BLOCK 2
"BEAN GARDEN"
GPIN: 241B-BO-4448
CROSS-HATCHED AREA DENOTES
PORTION OF S. BARBETON DR. TO
BE CLOSED. AREA = 20,611 SQ. FT.
STREET CLOSURE PLAT OF
A PORT/ON OF SOUTH BARB£t~TOAt
VIRGINIA BEACH, VIRGINIA
PC Agenda, May 9, 2001 - Page 13/17- 10
LOT I ~0~' 6
?
LOTS I &: 7-18
BLOCK 4
"Br'^N (;ARDEN"
(MB 16, PG 53)
GPIN: 2418-80-0020
LOT 6
BLOCK 3
"BEAN OARDEN"
(MB ts, PO 53)
GPIN: 2418-70-8277
LQT 7
LOT 7-9,11,13,15,17,19,21,23
BLOCK 3
lOT ,8 "BEAN GARDEN'
(MB 16. PG 53)
GPIN: 2418-80- 3,304
LOT 9
S24'41'34"W
LOT 10
LOT 10 BLOCK ,3
"BEAN GARDEN"
GPIN: 2418-80-1196
CROSS-HATCHED AREA DENOTES
PORTION OF SOUTH ORIOLE DR. TO
BE CLOSED. AREA = 6,774 SQ. FT.
STREET CLOSURE PLAT OF
A POR ~ON OF SOUTH ORIOL £ DR/~
VIRGINIA BEACH, VIRGINIA
PC Agenda, May 9, 2001 - Page13/17-11
FORM UO P S lB
City of Virginia Reach
INTER-OFFICE CORRESPOI~ENCE
In Reply Refer To Our File No. DF-5372
DATE:
FROM: DEPT:
May 21, 2001
TO: Leslie L. Lilley DEPT: City Attorney
B. Kay Wilson~
Conditional Zoning Application
Salt Meadow Bay, L.L.C.
CiW A~omey
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on June 12, 2001. I have reviewed the subject proffer agreement, dated
February 14, 2001, 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
This Document Prepared by:
Fine, Fine, Legum & Fine, P.A.
THIS AGREEMENT made this 14th day of'February, 2001, by and between Salt Meadow Bay, L.L.C.,
Property Owner/Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth
of Virgnua, Grantee, party of the second part.
WlTNESSETH:
WHEREAS, Property Owner is the owner of a certain parcel of property located in the Beach District of
the City of Virginia Beach, more particularly described as follows:
Block 1, Lots 1-22
Block 2, Lots 1-13
Block 3, Lots 1-11, and 13, 15, 17, 19, 21, and23
Block 4, lots 1-3 and 7-18
Block 8, Lots 1-2, 4, 7, 9, 11, 13, 15, 17, 19
Block 9, Lots 1-19
Pomon of Barberton Drive (formerly Woodland Avenue) vacated upon relocation of Barberton Drive.
Streets to be closed, Bean Avenue, South Barberton Drive, eastern most portion of S. Oriole Drive, and
northern most potion of Barberton Drive, title to which will vest m Salt Meadow Bay L.L C.
said property hereina~er referred to as the "Property"; and
WHEREAS, the Grantor 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 Zomng Classification of the Property from
R-7.5 Residential District and B-2 Commercial Business District to Conditional A-36; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various
purposes through zoning and other land development legislation; and
GP1N/ACCT. NOS 24187086140000, 24187087300000, 24187087690000, 24187094210000
24187094650000, 24187080150000, 24187190240000, 24188110520000, 24188037100000
24188036580000, 24188015190000, 24188025640000, 24188044480000, 24187074700000
24188033040000, 24188011960000, 24188000200000, 24187083770000, 24187093110000
24187091010000, 24187075900000, 24187075660000, 24187055970000
WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of
various types of uses conflict and that m order to permit different 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 Grantor's 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 s~tuation to which the Grantors' rezoning application
gives rise; and
WHEREAS, the grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing
before the Grantee, as a pan of the proposed amendment to the Zoning Map with respect to the Property, the
follovang reasonable conditions related to the physical development, operation, and use of the Property to be
adopted as a pan 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 Grantor, their successors, personal representatives, assigns, Grantee, and other
successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its
governing body and without any element of compulsion or quid pro quo for zoning, rezonmg, 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 nwning with the Property, winch 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:
I. The project shall be developed substantially as shown on the site plan entitled "Conceptual Site Layout of
Village of Salt Meadow Bay at Laskm" prepared by MSA, P.C. dated February 12, 2001, which has been
exhibited to the Department of Planmng (hereinafter "Concept Plan").
2 The project shall be landscaped substantially as shown on the landscape plan entitled "Conceptual
Landscape Plan, drawing numbers R 1-3" prepared by Terra Earth Friendly Designs dated April 2001
which has been exhibited to the Department of Planning (hereinafter "Landscape Plan").
3 The project shall not exceed 282 units w~th a density of 23.63 units per acre outside of water and wetlands.
4. The height of braidings identzfied on the Concept Plan as Building 1, Building 2, Building 3, and ]~uilding
4 shall not exceed 86 feet.
5. Only outdoor uses such as recreation areas, garages, parking and rights-of- way shall be placed in the
Accident Potential Zone 2 as depicted on the Concept Plan
6. The exterior design, material, and colors of Building l, Building 2, Building 3, and Building 4 and the Site
Entry shall adhere to the elevations shown on the exhibit entitled "Site Entry Elevation and Building
Elevation, Village of Salt Meadow Bay at Laskin," prepared by CMSS Architects, P.C., dated 4-4-01,
which have been exhibited to the Virginia Beach City Council and are on file vath the Virginia Beach
Department of Planning (hereinafter "Elevations").
.
.
10.
11
The raised parking structure depicted on the Concept Plan shall have the same architectural elements and
construction materials as those depicted on the Elevations. The two story recreation building and the one
story garages will be wood frame construction with residential detailing to match the building elevation.
Roofs to be pitched with gable ends. Finish materials to be asphalt shingles, vinyl siding with wood trim
and brick accents. Colors to match the main buildings. Doors and windows to be residential style to match
mare building.
As depicted on the site plan, at the entrance to the property on Laskin Road, the grantor will dedicate a 2.2
acre perpetual landscape/scenic easement in a form acceptable to the City Attorney for the purpose of
preserving the scenic vistas of the Laskin Road corridor at Linkhorn Bay and its transition to the
Oceanfront area as specifically requested in the Virginia Beach Outdoors Plan - 2000 Update.
The building envelope (exterior walls, roof system and exposed floor at garage level) will be designed in
accordance with industry standard, sound reduction construction materials and techniques. Installation of
these exterior elements will be in accordance vath accepted sound reduction construction practice. All
acoustic related items will be evaluated by an experienced architectural acoustic consultant prior to the
construction document phase of this project. Acoustical data and details will be forwarded to the City of
Virginia Beach for review.
Grantor will cons~uct a means of ingress and egress from Saltmeadow Bay to Beach Garden Park in the
area depicted on the site plan Grantor commits to mamtaining a 25' perimeter area along the fence
between Beach Garden Park and Saltmeadow Bay Grantor will install signs approved by Parks and
Recreation along the direct path route to Ocean Walk at 200' ~ntervals
Further conditions may be required by the GRANTEE during detailed Site Plan review and administration
of apphcable City codes by all cogmzant c~ty agencies and departments to meet all applicable C~ty code
requirements.
The above conditions, having been proffered by the Grantor 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 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 Ordmance until specifically repealed The
condittons, however, may be repealed, amended, or vaned 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 such 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 body of the Grantee, after a
public hearing before the Grantee which was advemsed 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 ~f not so recorded, said instrument shall be void.
The Grantor covenants and agrees that:
(1) The Zomng Adrmmstrator of the City of Virglma Beach, Virginia shall be vested with all
necessary authority, on behalf of the govermng body of the City of Virginia Beach, Virgima, to administer and
enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any
noncompliance voth such conditions be remedied, and (b) to bring legal action or suit to insure comphance 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 reqtured braiding or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the
Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions
attaching to the zoning of the 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 Plsnning Department, and they
shall be recorded in ~he Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginh, and indexed in
the names of the Grantors and the Grantee.
WITNESS the following signatures a~d seals:
GRANTOR:
SALT MEADOW BAY LLC ~
Michael J. tgarrett
STATE OF VIRGINIA
I, I~)~ j~ ~ S~~,a Nom. Public in and *r ~e Ci~ ~d State a*resaid, do hereby
~at _An~e~S. F~e, whose n~e is sl~ed to ~e foregoing l~~nt dated &e 14~ ~y of Feb--, 2001, did
personally appear before me m my Cl~ and S~te aforesaid and ac~owledge ~e s~e to me.
GIVEN under my hand and seal this 30th
My ,cornnu~sLon expires:
day of April, 2001.
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, [~ lr~ ~ ~LI C ~d ,a Notary Public in and for the City and State aforesaid, do
hereby certify that Michael J. Ban'eR whose name is signed to the foregoing instrument dated the 14's day of
February, 2001, did personally appear before me in my City and State aforesaid and acknowledge the same to me.
GIVEN under my hand and seal this 30th day. of April, 2001.
Notary Public
My comrmssion expires: ~
APPLICATION
STREET CLOSURE
CITY OF VIRGINIA BEACH
PA GE 4 OF 4
Applicant's Name:
DISCLOSURE STATEMENT
Salt Meadow Bay, L.L.C.
List All Current
-Property Owners:
Salt Meadow Bay, L.L.C.
PROPERTY OWNER DISCLOSURE
If the property owner is a CORPORATION, list all officers of the Corporation below' (Attach hst tfnecessar3,)
Andrew S. Fine
Morris H. Fine
Michael J. Barrett
If the property owner is a PARTNERSHIP, FIRM, or oth,er UNINCORPORATED ORGANIZATION, list
all members or partners in the organization below: (Attach list if necessary)
Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated
organization.
If the applicant is not the current owner of the property, complete the Applicant Disclosure section below:
APPLICANT DISCLOSURE
If the applicant is a CORPORATION, list all officers of the Corporation below' (Attach list if necessary)
Andrew S. Fine
Morris H. Fine
Michael J. Barrett
If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all
members or partners in the organization below: (Attach list if necessary)
Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization.
CERTIFICATION: I certify that the inform trate.
! Signature
Michael J. Barrett
Print Name
Rev 911
- 41 -
Item V-I. 3.
PLANNING
ITEM # 48285
Upon motton by Counctl Lady Henley, seconded by Counctlman Harrtson, Ctty Counctl DEFERRED TO
26 JUNE 2001, Ordtnance upon apphcatton of DOMINION B UILDING GROUP, INC. for a Condtttonal
Change of Zontng Dtstrtct Class~ficatton
ORDINANCE UPON APPLICATION OF DOMINION BUILDING
GROUP, INC FOR A CHANGE OF ZONING FROM R-10 TO
CONDITIONAL B- I
Ordtnance upon apphcatton of Domtnton Butldtng Group, Inc for a
Change of Zontng from R-10 Restdenttal Dtstrtct to Condtttonal B - ]
Netghborhood Bustness Dtstrtct on the west stde of South Btrdneck Road,
70 ! 7feet north of Jackson Street (GPIN #24I 7-44-6080) The proposed
zoning classtficatton change to Conditional B-1 ts for low tntenstty
commerctal land use The Comprehenstve Plan recommends use of thts
parcel for suburban restdenttal/low denstty use (at or below 3 5 dwelhng
untts per acre) tn accordance wtth other Plan pohctes Satd parcel ts
located at 113 South Btrdneck Road and contatns 18, 717 square feet
DISTRICT 6- BEA CH
Vottng 9-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
Barbara M Henley, Reba S McClanan, Robert C Mandtgo, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr
June 12, 2001
- 42 -
Item V-I. 4.
PLANNING
ITEM # 48286
Upon motton by Counctl Lady Henley, seconded by Counctlman Harrtson, City Counctl ADOPTED , with
Condition #5 amended, Ordtnance upon apphcatton of Edward M Todd, Trustee, KINGS GRANT
BAPTIST CHURCH for a Condtttonal Use Permtt for a church addition
ORDINANCE UPONAPPLICA TION OF ED WARD M TODD, TRUSTEE
KINGS GRANT BAPTIST CHUR CH FOR A CONDITIONAL USE PERMIT
FOR A CHURCH (addttton) R06013052
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcatton of Edward M Todd, Trustee Ktngs Grant
Bapttst Church for a Condtttonal Use Permtt for a church (addttton) on the
west stde of Ltttle Neck Road, 153 56feet north of Newcastle Road (GPIN
#1488-82-8793, #1488-82-8629) Satdparcel ts located at 8 763 Ltttle Neck
Road and contatns 4 4 acres DISTRICT 5 - L YNNHA VEN
The followtng condtttons shall be requtred
The proposed ad&ttons shall be constructed tn accordance wtth
the submttted stte plan, tttled "KINGS GRANT BAPTIST
CHUR CH SANCTUAR YAND ENTR YADDITION", prepared by
Engtneertng Servtces, Inc, and dated 03/14/01
The proposed addtttons shall be constructed tn accordance wtth
the three (3) submttted rendertngs tttled "Ktngs Grant Bapttst
Church, Vtrgtma Beach, Vtrgtma", prepared by the Barnes
Destgn Group The bmldtng matertals shall be the same as the
extsttng structure tn both quahty and color
Intertor coverage landscaptng, as defined tn the &te Plan
Or&nance, Sectton SA, tn relatton to the new parktng spaces
shall be requtred durtng detatled stte plan revtew Foundation
screentng, as defined tn the Stte Plan Ordtnance, Sectton 5A,
shall be requtred along the enttre length of the new butldtng
walls
Extsttng landscaping along the north, west, and south property
hnes shall be supplemented with Category I screentng to form a
sohd landscape screen
The three portable butldmgs (traders) shall be removed from the
L __t' .... g'-~ __ .~_ ~Z'_ _ _ ~ _ _.fi/ma .................. -l .ff - _ _ .~ l .... ..l .L .~ ....
no later than June 12, 2005
The 3400 square foot future butldtng addttton, shown on the plan
tn the location of the extsttng tratlers, shall be destgned and
constructed wtth butldtng matertals that are the same as the
extsttng structure tn type, quahty and color
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtma, on the Twelfth of June, Two Thousand One
June 12, 2001
- 43 -
Item V-I. 4.
PLANNING
ITEM # 48286 (Continued)
Vottng 9-0 (By Consen0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr
June 12, 2001
- 44 -
Item V-I. 5.
PLANNING
ITEM # 4828 7
Upon motton by Counctl Lady Henley, seconded by Counctlman Harrtson, Ctty Counctl ADOPTED
Ordinance upon apphcatton of CHURCH OF CHRIST at CREEDS for a Condtttonal Use Permtt for a
church addition
ORDINANCE UPON APPLICATION OF CHURCH OF CHRIST AT
CREEDS FOR A CONDITIONAL USE PERMIT FOR A CHURCH
ADDITION R06013053
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcatton of Church of Chrtst at Creeds for a
Condtttonal Use Permtt for a church (addttton) at the southwest corner of
Morrts Neck Road and Fttztown Road (GPIN #2318-29-0183, #2318-18-
9927, #2318-18-6872, #2318-19-9265) Satd parcel ts located at 5500
Morns Neck Road and contatns 8 88 acres DISTRICT 7 - PRINCESS
ANNE
The followtng condtttons shall be reqmred
The acttvtty butldtng shall be constructed wtth a pre-cast metal
structure with a reddish brown exterior to comphment/match the
color of the brtck extertor of the church The acttvtty butldtng
shall not exceed fifieen feet (15') tn height and shall be the type
of structure deptcted tn the ptcture provtded to and on file wtth
the Planntng Department The northern extertor butldtng wall
of the new butldmg (parallel to Morrts Neck Road) shall mclude
a four foot (4') htgh brtck sktrt to match the brtck on the extsttng
church
Foundatton screentng, as defined tn the Stte Plan Ordinance,
Sectton SA, shall be requtred along the enttre length of the new
butl&ng wall parallel to Morris Neck Road Addmonal
foundatton landscaptng shall be added to the sectton of the
extsttng church that ts dtrectly adjacent to theproposed addttton
The gravel parktng lot shall be tmproved to meet the mtntmum
parkmg requtrements of one space per five seats for the
sanctuary seattng The apphcant may request a deferral or
watver, to the on-stte tmprovements from the Admtntstrator of
Permtts and Inspecttons tn the Planmng Department
Vottng 9-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
Barbara M Henley, Reba S McClanan, Robert C Mandtgo, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wilson
Counctl Members Voting Nay
None
Council Members Absent
Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtma Beach, Vtrgtnta, on the Twelfth of June, Two Thousand One
June 12, 2001
- 45 -
Item VJ. 6.
PLANNING
ITEM # 48288
Upon motton by Council Lady Henley, seconded by CounctIman Harrtson, Ctty Council DEFERRED
INDEFINITELY Ordtnance upon apphcatton of COMMERCIAL INVESTMENT PROPERTIES, L.L.C.
for an AMENDMENT to the Green Run Land Use Plan to allow ,fuel sales (stx gasohne pumps) tn
conjunctton wtth a convenience store
ORDINANCE UPON APPLICATION OF COMMERCIAL INVESTMENT
PROPERTIES, L L C FOR AN AMENDMENT TO THE GREEN RUN
LAND USE PLAN TO ALLOWFUEL SALES IN CONJUNCTION WITH A
CONVENIENCE STORE
Or&nance upon apphcatton of Commerctal lnvestment Properties, L L C,
for an amendment to the Green Run Land Use Plan to allow fuel sales tn
conjunctton wtth a convemence store at the southwest tntersectton of
Buckner Boulevard and S Rosemont Road (GPIN #1485-65-6406) Satd
parcel contatns 1 6 acres PRINCESS ANNE - DISTRICT 7
Vottng 9-0 (By Consen0
Counctl Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
Barbara M Henley, Reba S McClanan, Robert C Mandtgo, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson
Counctl Members Vottng Nay
None
Council Members Absent
Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr
June 12, 2001
- 46-
Item V-J. 1.
APPOINTMENTS
ITEM # 48289
B Y CONSENSUS, Ctty Councd RESCHEDULED thefollowmg APPOINTMENTS:
COMMUNITY SER VICES BOARD (CSB)
PARKS AND RECREATION COMMISSION
SOCI/IL SER VICES BO,'IRD
June 12, 2001
Item V-J. 2.
-47-
APPOINTMENTS
ITEM # 48290
Upon NOMINATION by Counctlman Branch, Ctty Counctl REAPPOINTED
Kathleen M. Carter
Armand J. DeBellis
Thomas A. Felton
Colonel Angel Luis Morales
2year terms- 7/1/01 - 6/30/03
AR TS AND HUMANITIES COMMISSION
Vottng 9-0 (By Consen0
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wdson
Councd Members Vottng Nay
None
Counctl Members Absent
Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr
June 12, 2001
Item V-d.3.
- 48-
APPOINTMENTS
ITEM # 48291
Upon NOMINATION by Councilman Branch, Ctty Counctl REAPPOINTED
Ira E. Copenhaver
Thomas E. Fraim
William A. Hearst
3 year terms - 7/01/01 - 6/30/04
BEACHES AND WA TER WA YS AD VISOR Y COMMISSION
Vottng 9-0 (By Consen0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Reba S McClanan, Robert C Mandtgo, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Louts R Jones and Vice Mayor Wtlham D Sessoms, Jr
June 12, 2001
Item V-J. 4.
- 49-
APPOINTMENTS
ITEM # 48292
Upon NOMINATION by Counctlman Branch, Ctty Counctl REAPPOINTED
Margaret L Eure
Nancy K. Parker
James K. Spore
2 year terms - 7/01/01 - 6/30/03
HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC)
Votmg 9-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr,
Barbara M Henley, Reba $ McClanan, Robert C Mandtgo, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Louts R Jones and Vtce Mayor Wdham D Sessoms, Jr
June 12, 2001
- 50-
Item V-d. 5.
/IPPOINTMENTS
ITEM # 48293
Upon NOMINATION by Counctlman Branch, Ctty Counctl REAPPOINTED
Dan H. Brockwell
Fred Hazelwood
Kal Kassir
3 year terms - 7/01/01 - 6/30/04
SHORE DRIVE ~ID VISOR Y COMMITTEE (SD/I C)
Vottng 9-0 (By ConsenO
Counctl Members IZottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham I/V Harrtson, dr,
Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Louts R Jones and Vtce Mayor Wtlham D Sessoms, dr
June 12, 2001
- 51 -
Item V-J. 6.
APPOINTMENTS
ITEM # 48294
Upon NOMINATION by Counctlman Branch, Ctty Counctl REAPPOINTED
Dorcus T. Helfant
4year term - 7/01/01 - 6/30/05
TIDE WA TER COMMUNITY COLLEGE BOARD
Vottng 9-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wdson
Counctl Members Vottng Nay
None
Counctl Members Absent
Louts R Jones and Vtce Mayor Wdham D Sessoms, dr
June 12, 2001
- 52 -
Item V-J. 7.
APPOINTMENTS
ITEM it 48295
Upon NOMINATION by Counctlman Branch, Ctty Counctl REAPPOINTED
Bruce E. Bright
4year term - 7/01/01 - 6/30/05
TIDEWATER REGIONAL GROUP HOME COMMISSION
Vottng 9-0 (By Consent)
Counctl Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham I/V Harrtson, Jr,
Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary ~tlson
Counctl Members Vottng Nay
None
Council Members Absent
Louts R Jones and Vtce Mayor [Ftlham D Sessoms, Jr
June 12, 2001
Item V-L. 1.
- 53 -
NEW BUSINESS
ITEM # 48296
Maxtne Graham request'ed assurance from Ctty Counczl to an equitable and expedtent resolutton of
dratnage problems tn Sandbrtdge (see item # EH.I)
Ordtnance to authorize the acquisition of temporary and permanent
easements for the Sandbridge dratnage improvements, by esther
agreement or condemnatton re stormwater management. (DISTRICT- 7
PRINCESS ANNE)
Mrs Graham adwsed there are 1400platted, residential lots in Sandbridge and she possesses the original
plats with the covenants and deed restrzcttons All have 5-foot dratnage and utthty easements along those
property hnes
Mayor Oberndorf advtsed no structures wtll be tmpacted
June 12, 2001
- 54 -
Item V-M. 1.
AD JO URNMENT
ITEM #4829 7
Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 7:05 P.M.
Chtef Deputy Ctty Clerk
Ctty Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtma Beach
Vtrgtnta
June 12, 2001
ABSTRACT OF VOTES
cast in the . c~t-y of Viccj,inJ.a Be~,,ch
at the June 12, 2001 Democratic Primary Election for:
· Virginia,
LIEUTENANT GOVERNOR
NAMES OF CANDIDATES AS EJtOW# ON J[4£LOT
TOTAl VOTES
RECEIVED
(1# F~URE$I
TIMOTHY M. KAINE ........................
ALAN A. DIAMONSTEIN ..................... .2~ 832. .
JERRAULD C. JONES ....................... 2,506
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk
of the Circuit Court of the election held on June 12, 2001, do hereby certify that the above is a true
and correct Abstract of Votes cast at said Democratic Primary Election for the above office.
Given under our hands th/s
A copy teste:
day
Cha.rman
· Vice Chmrman
, Secretary
Secretary, Electoral Board
STRACT OF VOTES
cast in the . ~-~t7 nf v~,~2~-~, n~_ ,.~, , Virginia,
at the June 12, 2001 Democratic Primary Election for:
ATTORNEY GENERAL
NAMES OF CANDIDATES AS SHOWN ON I~AIIOT
TOTAL I/OTES
RECEIVED
fin F~UnES)
WHITTINGTON W. CLEMENT .................... 1,29o
A. DONALD McEACHIN ........................ 1,917
SYLVIA L. CLUTE ............................ 1,239
JOHN S. EDWARDS .......................... 1,783
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on June 12, 2007, do hereby certify that the above is a true and correct
Abstract of Votes cast at said Democratic Primary Election for the above office.
Given under our hands this
,4 copy testa:
, Chairman
Vice Chairman
Secretary
Secretary, Electoral Board
OFFICE OF THE CITY MANAGER
(757) 427 4242
FAX (757) 427 4135
TDD (757) 427 4305
City of Virginia
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH VA 23456 9001
June 21, 2001
The Honorable Mayor and
Members of Council
Dear Mayor and Counc~lmembers
At last week's council briefing, Counc~lmember W~lson requested ~nformabon
regarding the possibility of ~nst~tut~ng "booting" as an alternabve to towing parking
v~olators and vehicles left ~n municipal parking lots Attached ~s an Interim Progress
Report from Captain Kenneth Lowe, Jr of the Police Department Please let me know
~f you have any quesbons
S~ncerely,
C amesK Spore
~ty Manager
JKS/kma
Attachment
Interim Progress Report
During the presentation of the Towing Adwsory Board's recommendations for change to the
current towing ordinances, Mrs Rosemary Wilson asked about the possibility of instituting
"booting" as an alternative to towing parking violators and vehicles left in mumclpal parlang lots
"Booting" is the practice of attaclmng a tire immobilization device (originally called a Denver
boot) to one of the vehicles tires This "boot" precludes the vehicle being operated until the
device is removed
Mr C Oral Lambert directed Captain K M Lowe, Jr (Police-Special Operations) to initiate the
following (1) investigate the procedure(s) under wluch a policy of this type might be enacted, and
(2) attempt to detect any potential problems that may be encountered under this procedure
Ms Kathy Dillon Rountree of the City Attorney's office has found that State Code {}46 2-1231
enables localities to enact ordinances of this type Further, these ordinances can be applied on all
c~ty properties and may also be written so as to authorize this procedure on private property It
should be noted that any ordinance of this type could not mandate ttus procedure on private
property, the use of this procedure would be at the discretion of the private property owner Ms
Rountree is in the process of obtaimng copies of ordinances of this type from junsdmtlons that
utilize the procedure
Captain Lowe has also spoken to Mr Henry Ruiz (Resort Manager Adaunistrator) to obtatn tus
comments on instituting the "booting" procedure Mr Rmz believes that "booting" may
negatively impact the image the city is trying to promote
Finally, Captain Lowe has met with several other police supervisors to speculate on the potential
problems this procedure may incur These initial list of potential problems are listed below
What violations will the "booting" procedure be authorized for and what price will be set
for release of the vehicle9
"Booting" should not be authonzed for all parking violations With the number of parlong
tickets issued each day, having enough "boots" on hand to immobilize all violators would
be cost protubltlve "Booting" should be reserved for vehicles that have compiled several
violations or for vehicles illegally parked in municipal lots The fee for release of the
vehicle would need to be slrmlar to the price that would have been charged if the vehicle
was towed Secondly, as summons can be issued for each hour of violation, what would
be the release fee for multiple hourly violations? To charge a single release fee which is
less than a tow fee may invite violators to illegally park and stay at the location
2 Who pays for the ~'boots", where are they stored, how are they transported, and what
sizes are purchased?
Tire tmmobihzatlon devices are designed to fit the wheel rims and thus come in a variety
of sizes, there is no device I have found where one size fits all Typically the devices fit
tires of 12"to 14", and tires of 14"to16" inches "Boots" to fit the tires of the larger
SUV's and pickup trucks would have to be purchased separately These "boots" range in
cost from $199 - $399 each To have enough on hand to fit the number of violators who
receive parking tickets daily will require a large storage area Secondly, dependant on
brand, each device will weight between 15 and 35 pounds Transportation of several of
these at a time would require, at a mimmum, a small truck
It has also been suggested that perhaps the individual wrecker operators purchase and
install the "boots" at police direction Ttus would be similar to the procedures currently
followed for vehicle tows, however it raises several other issues What occurs when a
wrecker on the Police Wrecker List is called but has no"boots" available to Install? Why
would wrecker operators agree to this procedure if the price they receive will be less than
the price for a tow9 How many "boot" fees would be required for the wrecker operator
to recoup the purchase price of tire immobilization devices?
Could the "booting" procedure be undertaken by those already under contract to provide
parkang enforcement (Standard Parking) for the City?
As tlus is a contracted service, any addition to the services and responsibilities specified in
the contract may require re-negotiation of the present agreement It may also require the
entire contract again be opened for bid
Who will be responsible for collecting the fee for removal of the "boot" and during what
time period will tlus service be available?
The Pohce Department cannot have any responsibility for collecting release fees Yet, if
we expect persons to reclaim their velucles promptly, provisions would need to be enacted
where release can be accomplished at any time Currently wrecker operators must store
vehicle in a area staffed 24 hours a day or prormnently display a telephone number where
an attendant can be reached, vehicles must be released within 2 hours of notification This
procedure may also need to be enacted in the enabling "booting" ordinance
Agasn, if Standard Parkdng is given tlus responsibility, it would necessitate their luring
additional personnel wluch may require the present contract to be re-negotiated If
wrecker operator's are given the responsibility, procedures already in place may suffice
the City assumes tlus responsibility, it would necessitate luring additional personnel to
collect the fees plus provide a secure location where these fees could be collected Also,
If
should the c~ty assume this responsibility, someone would have to be hired to actually
remove the boot from the vehicle after the fee ~s paid
5 Would "booting" be a viable alternative to towing from mumcipal parking lots?
While "booting" may appear to be more "friendly", ~t is projected that th~s practice may
actually cause more problems then the present towing procedure Presently, as persons
find their vebacles have been towed from the mumcipal lots, they must disperse to the
various wrecker storage locations to reclaim their vehicle Thus, you have a few angry
people at several locations throughout the c~ty Should the same number of persons return
to the municipal lot and find their vetucles "booted", you have the same number of upset
persons but you have now concentrated them ~n a small area This could present
additional problems should a representative amve on scene to release a single vehicle and
be confronted by several angry persons Thts scenario, which ~s played out nightly at the
Oceanfront, may actually require asslgmng a pohce officer at each mumcipal lot ~n order to
reduce the potential for wolence Tins would further deplete the limited pohce resources
assigned to the Oceanfront dunng summer operations
City of Virginia
OFFICE OF THE CITY MANAGER
(757) 427-4242
FAX (757) 427-4135
TDD (757) 427-4305
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH VA 23456-9001
June 21, 2001
The Honorable Mayor and
Members of Council
Dear Mayor and Counc~lmembers
At last week's council briefing, Counc~lmember McClanan requested specific
~nformabon on vehicles towed from w~th~n the c~ty and the approximate bme required by
c~ty employees to deal w~th these tows Attached ~s a memo from Captain Kenneth
Lowe, Jr of the Police Department which prowdes that ~nformabon Please let me
know ~f you have any quesbons or would I~ke add~bonal ~nformabon
S~ncerely,
JKS/kma
Attachment
~ Spore
Manager
Oral Lambert - 20001nfo tow wpd
Page ;1~
1
City of Virginia Beach
INTER-OFFICE CORRESPONDENCE
To Oral Lambert - Chef Operattnl~ Officer Department
From Captain K M Low% Jr
Subject Requested Information - Mrs Reba McClanan
Date June 19, 2001
City Mariner's Office
Department Pohce - Spemal Operations
At the staff briefing on the revisions to the various towing ordinances proposed by the Towing
Admsory Board, Mrs McClanan requested specific mformat~on on vehicles towed fi.om wathm the
city (both pohce and private tows) and the approxtmate tnne required by city employees to deal
w~th these tows.
The requested lnformataon ~s shown below, however, several caveats must be noted
The tnne figures shown below are est]mates gwen by the 911 Emergency
Commumcat~ons staff, pre,aously, no hard figures have ever been kept m tlus area.
Presently, only 3 areas w]tlun the Clty (Kempsvflle, Oceanfxont, Plaza) contact wreckers
on the Pohce Wrecker List using a rotation pohcy In all other areas, the closest wrecker
on the Pohce Wrecker List Is contacted For Commumcat]ons personnel to determine
wluch wrecker is next tn the rotation, and then contact them, adds approxamately 2
minutes per request
Private wrecker tows (no pohce involvement) only reqmre Communications personnel to
log the make, model, color, and hcense number of the velucle towed, no contact vath the
I O:al Lambert - 20001nfo tow wpd
Page 2~
2
wrecker operators ts requu'ed prtor to the tow
2000
Police Tows:
Regular
Rotation
12,087
6 minutes per request X 12, 087 requests = 72,522 minutes (1,209 hours)
2 additional mmutes per request X 4,756 requests = 19,024 minutes ( 317 Hours)
Total Tune = 91,546 minutes ( 1,526 Hours)
Private Tows: 12,979
4 minutes per tow X 12,979 private tows
= 51,916 minutes (865 Hours)
Total Time required by 911 Emergency Communications -- 143,462 minutes (2391 Hours)
2001
Police Tows (January - May): 4,876
The number ofpohce tows reported ts remaining at the same levels as tn 2000
Regular 6 minutes per request X 4,876 requests = 29,256 minutes (488 hours)
Private Tows (January - May): 6,137'
*Private tows are showtng a 20% tncrease over the figures given in 2000
4 mtnutes per tow X 6,137 private tows = 24,548 minutes (409 Hours)
Total time required by 911 Emergency Communications = 53,804 (897 Hours)