JULY 10, 2001 MINUTESCITY COUNCIL
MAYOR MEYERA E OBERNDORE At-Large
VICE MAYOR WILLIAM D SESSOMS, JR, At-Large
LINWOOD 0 BRANCH, II1, Beach -Dtstnct 6
MARGARET L. EURE, Centervdle -Dtstrtct 1
WILLIAM W HARRISON, JR, Lynnhaven -Dtstrtct 5
BARBARA M HENLEY, Pnncess Anne -Dtstrtct 7
LOUIS R JONES, Baystde -Dtstrtct 4
REBA S McCLANAN, Rose Hall -Dtstrtct 3
ROBERT C MANDIGO, JR, Ketnpsvtlle -Dtstrtct 2
NANCY K PARKER, At-Large
ROSEMARY WILSON, At-Large
JAMES K SPORE, Ctty Manager
LESLIE L LILLEY, Ctty Attorney
RUTH HODGES-SMITH, MMC, Ctty Clerk
inia Beach
"COMMUNITY FOR A L
CITY COUNCIL AGENDA
OUR 1~1-~ I0~
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE (757) 427-4304
FAX (757) 426-5669
EMAIL Ctycncl~ctty wrgmta-beach va us
July 10, 2001
I. CITY MANAGER'S BRIEFINGS
- Conference Room -
2:30 PM
A
Bo
VIRGINIA BEACH COMPENSATION PLAN
Fagan Stackhouse, Director, Department of Human Resources
PIER ENCROACHMENT PROCESS
Robert J Scott, Director, Department of Planning
E. Dean Block, Director, Department of Public Works
II REVIEW OF AGENDA ITEMS
III CITY COUNCIL COMMENTS
IV INFORMAL SESSION
- Conference Room -
4:30 PM
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. Oberndorf
B INVOCATION:
Reverend Fred Devan
Grace Community 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
July 3,2001
G. AGENDA FOR FORMAL SESSION
The Consent Agenda ~ill be determined dutin~ ffte Agenda Review Session ami considered in
the ordinary course of business by CJOr Council to be enacted by oue motion.
H. ORDINANCES
o
Ordinance re documents to AMEND and enhance the 31st Street project in conformity with
a Term Sheet approved by City Council April 24, 2001.
o
Ordinance re amendment to the lease between the City and the Back Bay Wddfowl Gmld
for the use of the deWitt Cottage re subleasing the patio area to a restaurant owner and
operating a beverage cart with associated seating.
.
Ordinance to authorize encroachments into a portion of Lake Wesley at 505 Kerry Lane
(Croatan) by WAYNE C. and THERESA B. SAWYER re np rap/gangway/floating dock
(DISTRICT 6 - BEACH) (Deferred 6/26/01)
o
Ordinances re construction and intersection improvements of Seaboard Road (DISTRICT
7 - PRINCESS ANNE):
Transfer $38,715 from Traffic Safety Improvements Phase II, and $144,000 from
London Budge Road Extended re City's share of a cost participation agreement
and right-of-way acquisition.
b.
Acquisition of property in fee simple for the right-of-way and temporary and
permanent easements, either by agreement or condemnation.
Co
Authorize the City Manager to execute a Cost Participation Agreement between
the City and PAW, L.L.C.
o
Ordinance to ACCEPT and APPROPRIATE a $424,486 grant from the United States
Department of Education to the FY 2001-02 operating budget of the Department of
Museums and Cultural Arts re educational programming for students; and, estimated
revenue from the federal government be increased accordingly.
6. REFUNDS:
a. License - $1,186.68
b. Tax - $ 437.39
J,
APPOINTMENTS
PARKS AND RECREATION COMMISSION
SOCIAL SERVICES BOARD
K. UNFINISHED BUSINESS
L. NEW BUSINESS
1
RECONSIDERATION to be scheduled and advertised:
Apphcattons of BILLY tV. CHAPLAIN on the west stde of Washtngton Avenue south of Vtrgtnta
Beach Boulevard (849 and 853 Vtrgtnta Beach Boulevard) (DISTRICT 6 - BEACH)
Change of Zoning Dtstrtct Classt_ficatton from A-12 Apartment Dtstrtct and RT-3 Resort
Tourtst Dtstrtct to Condtttonal B-2 Communtty Business Dtstrtct, contatn tng 23, 850 square
feet
b Condtttonal Use Permttfor a bulk stora~.e yard, contatntng 19, 000 square feet
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 Dewce for the Deaf)
07/06/01BAP
AGENDA\07-10-01.PLN
OUR NIk"~ ~0~1
MINUTES
VIRGINIA BEACH CITY COUNCIL
V~rgima Beach, V~rg~n~a
July lO, 2OOl
Mayor Meyera E Oberndorf called to order the Brtefing VIRGINIA BEA CH COMPENSA TION PLAN
tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, July 10, 2001, at 2 30 P M
Counctl Members Present
Ltnwood 0 Branch, III, Barbara M Henley, Louts R Jones, Robert
C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce
Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Absent
Margaret L Eure
Wtlham W Harrtson, Jr
[Entered 2 45 P M]
[Entered 3 20 P MI
Reba S McClanan [Entered 2 43 P M]
-2-
CITY MANA GER 'S BRIEFING
VIRGINIA BEACH COMPENSATION PLAN
2:30 P.M.
ITEM #48405
Fagan Stackhouse, Director - Department of Human Resources, presented an overview of the City's
Compensation Plan and examples of compression.
Pay System Philosophy
We strive to create a workforce to achteve contmuous improvement
mnovation and quahty servtce dehvery through the following pay system
objectives
Serve as the foundation for the total compensatton program
Reflect our organtzattonal values and a commitment to the needs
of employees
Pay employees fatrly while respecttng the cost to taxpayers
Attract and retain the best and brtghtest e~nployees
Provide competitive pay for skdls, responstbthty and effort
Provtde pay that ts externally compettttve and internally
equitable
Through the utthzatton of power point, Mr Stackhouse &splayed mformatton relative Compensation A
graph deptcted the Total Cost for Compensation: $352,900,139 - Fiscal Year 2000:
$I 77, 6 76, 600 Base Pay
5116,190,900 Paid leave
$ 50,436,638 Benefits
$ &59~,000
Recognition and Incentives
PA Y SYSTEM EVOLUTION
Time Period
Pre-1986
1986-1984
1994-Present
External Job Comparison (Market)
Intermittent comparison
General increases based on a number of factors
including Consumer Price Index (CPI)
All employees received the same general
increase plus merit increases
Annual Market Salary Survey used for
information purposes
No established methodology for implementation
All employees received the same general
increase plus merit increases
Benchmarking process established
Annual Market Salary Survey conducted and
used to ensure competitive pay levels for
positions
Information shared throughout organization
"Smarter" use of resources
- dollars need to reflect market's value of
different skills
July I0, 200I
-3-
CITY MANA GER 'S BRIEFING
VIRGINIA BEACH COMPENSATION PLAN
ITEM g48405 (Continued)
Current System
Annual Market Survey of Regional Market (Norfolk, Newport News,
Chesapeake, Hampton, Portsmouth and Virginia Beach)
Three Types of Pay Adjustments
Pay range increases for individual titles
Structure adjustments increase earnings for all pay ranges and titles
Performance Review: 4.5% merits for eligible employees since July 1995
Regtna Hilliard, Compensation Manager, ctted an example of the Market System utthztng the Positron tttle
of Mental Health Specialist An employee who has been wtth the Cttyfor a number of years and acqutred
a salary of $35, 000 by the end of Fiscal Year - June 1998 In July 1998, a market increase was tmplemented
(a 2% structure, and a 5%pay range mcrease for this particular tttle) The mtntmum salary for thts posttton
was thus tncreased to $31,708 Durtng the course of the fiscal year, the employee received a 4 5% merit
salary tncrease to $36,575. In July 1999, the Market was again apphed wtth a 2% structure tncrease and
also a 5%pay range increase for thts parttcular title) The new mimmum was $33,959 Over the course of
that year, this equated to a cumulative pay increase of 4.5%. Ms Htlliard cited another example ora
Mental Health Specialist who had only been with the Ctty a few years, but attained a salar~ of $29, 606 In
this example when the market increase was provtded, the minimum was increased to $31,708 The
employee's salary at $29,606 ts lower than the new pay range mtntmum of $31, 708, thus the employee's
salary must be tncreased to the new mmtmum of $31,708 Durmg the course of the fiscal year, thts employee
also recetved a merit mcrease (4 ~%) salary to $33,135 Wtth the implementatton of the next market
increase, the new pay range mtntmum was $33,959 As the employee's salary ts below the new pay range
mmtmum, the actual pay range of this employee would then have to be increased to the new mtntmum of
$33,959 Therefore, for thts employee, there was a cumulative pay increase of 14. 7% over the course of the
year Pay compression ts a national issue Due to competition, employers are having to mcrease the pay
provtded potenttal can&dates Whenever there are raptd increases tn the starttng salartes, pay compression
results
Mr Stackhouse advtsed the short term solutton for employees whosepay ts compressed as a result of market
adjustments
$200 per year tn title up through 7years tn title
833 employees tn 92job tttles recetved compresston pay adjustments
effecttve July 1, 2001
Cost for short term adjustments $629,000
Mr Stackhouse cited the purpose of the Long-Term Pay Compression Study
To study and make recommendations to address thepay compresston tssues
wtthtn our compresston system.
Compression "Cautions"
Widespread tssue- many cities and prtvate organizations expertenctng the
problem
No "permanent fix" tf the Market based System is used
AdJustment to ease concern can be very costly
Compression caused by many dtfferent factors
Creating excepttons that the tssue wtll be completely resolved
July 10, 2001
-4-
CITY MANAGER'S BRIEFING
VIRGINIA BEA CH COMPENSATION PLAN
ITEM 1148405 (Continued)
Study Objectives
Review pay compression caused by market adjustments
Review current pay plan practtces, philosophy, policies and procedures
and their tmpact on pay compression
Obtain input from the City workforce
Develop strategies, pay system enhancements and changes to mtmmtze pay
compression
Member Input Processes
PA Y COMPRESSION REVIEW GROUP Thts group wdl be comprtsed
of seventeen employees representtng various departments The group wdl
provtde tnput on long-term study objecttves, meet wtth consultant and
comment on consultant recommendations
FOCUS GROUP: &x focus groups of l O-15 employees in each group who
wtll provide input on pay compression and related issues Three groups
were chosen at random and reflected employees who have expertenced
pay compresston
E-MAIL PAY COMPRESSION COMMENTS Using an established
ematl address, employees wtll be able to provide comments on pay
compression.
SPECIAL MEMBER CONVERSA TIONMEETING' Up to 75 employees
wtll be able to parttctpate tn this forum on pay compresston 1-~ hour staff
presentatton and 1 ½ hours for employee comments
PAY COMPRESSION PROJECT TIMETABLE
July 10, 2001 Brief City Council on objectives and process
July I I, 2001 Finalize RFP and distribute RFP's to prospective proposers
August 20 - September 7, 2001 Proposal evaluation and vendor selection, create Compression Review
Group and establish other employee input processes
September 10, 2001 Consultant begins study
November 6 or November 13, 2001 Brief(update)City Council on process and preliminary findings
January 15, 2002 Brief City Council on final recommendations
January 2 - May 2002 Develop communications plan, share implementation plan
February I, 2002 Include recommendations in FY2002-2003 Resource plan
May, 2002 - June 2002 Implement recommendations included in budget for July l, 2002
The cost of the consultant would be tn the range of $75,000 - $I00,000.
Susan Walston, Chtef of Staff referenced the tnaccuractes of Kerry Dougherty's column and Tim McGlome 's
news story in The Vtrgtntan-Ptlot Ms Walston advtsed one of the intttattves considered was to change the
method of calculating overtime. The City goes beyond the requtrements of the Fatr Labor Standards Act and
how compensatton ts calculated tn the area of overtime The FLSA states the City is requtred to pay at a rate
of l- ~ ttmes thetr hourly compensatton when working more than 40 hours during the work week In 1994,
the FLSA changed the work week to 3 7 5 wtth 30 minutes pard lunch. Chesapeake also works these hours
Norfolk and some of the other locahttes actually work 40 hours per week The Ctty ts changtng tts poltcy
stmilar to Chesapeake as the paid 'half hour lunch wtll sttll be gtven, but not counted, for overttme purposes,
as ttme worked tn a 40-hour workweek
Suly lO, 2oo
-5-
CITY M/INA GER 'S BRIEFING
VIRGINIA BEACH COMPENSATION PLAN
ITEM #48405 (Continued)
Ms Walston dtstrtbuted coptes of the City Manager's memorandum relattve Compensation Issues, dated
Aprtl 17, 2001 Thts change wtll necessttate documentation if an individual works through thetr ~ hour lunch
hour
Ms Walston advtsed the Cities of Norfolk, Newport News, Hampton and Portsmouth work 40 hours per
week without a patd lunch pertod. Virginia Beach and Chesapeake have a 3 7 5 hour workweek. Chesapeake
does not count the ½ hour lunch toward over ttme Virginia Beach prevtously did and that is what we are
changtng. FLSA legal counsel ts rendering an opinion relative the issue of mdivtduals "on call" durmg
lunch time The formal written opinion has not been received The cost savings from not counting the lunch
pertod as ttme worked ts hard to gauge since records are not kept reflecttng whether overttme occurred
durtng a week when lunch pertods were taken A preltmtnary estimate of annual savtngs ts $250,000. The
tntent of this pohcy ts to not make a negattve tmpact on response times (police and fire).
Costs assoctated with Pohce overtime wtll be provtded as well as the savtngs t. f Pohce officers tn the fieM
are not subject to thts change tn calculattng overtime
B Y CONSENSUS, Ctty Councd requested the City Manager DEFER implementation of changes to the
calculatton of overttme related lunch periods The changes wtll be deferred to provide the City Manager
ttme to investigate the matter and report to City Council durtng the August 7, 2001, City Counctl Session.
July 10, 2001
-6-
CITY MANAGER'S BRIEFING
ENCROACHMENT PROCESS
ITEM #48406
3:43 P.M.
E Dean Block, Director of Pubhc Works, presented tnformatton relattve the Pier Encroachment Process,
tn conjunctton wtth the History of Lake Wesley and the Sawyer application
History of Lake Wesley
Initial Mining - 1951
Inlet created - 1968
3. 6-MILLION cubic yards of sand dredged
Program ended - 19 74
Real Estate transferred to City - 1989.
There are three major areas of regulatton Environmental, Navigational and Encroachment Process (Lake
Wesley) The Encroachment process only occurs tn certatn mstances where the Ctty owns the "bottom" of
the lake Many of the encroachment requests were accomphshed prtor to 1989 and then were all under the
purview of the Untted States Army Corps of Engmeers However, there are a number of agencies mvolved
m permttttngpters and docks Typtcally, to place a pter or dock tn the water, a ctty permtt ts necessary The
Wetlands Board would be tnvolved tf wetlands would be dtsturbed A Draft Envtronmental Quahty (DEQ)
certtficate and Vtrgtnta Marme Resources (VMRC) permtt are necessary, except tn mstances where the Ctty
owns the "bottom" of the Lake, tn whtch case an encroachment ts requtred Navigational regulations are
the responstbthty of the Planntng and the Pubhc Works Departments Last year, there were approxtmately
200 pter and dock apphcattons whtch flowed through the Planntng Department The Pubhc Works
Department becomes tnvolved tn these appltcattons when there ts a destgnated channel whtch the Ctty ts
responstble to matntatn and/or tf there ts an encroachment There are only about etght areas which possess
a destgnated channel The majortty of the 200 apphcattons areprocessed dtrectly through the Department
of Planning
Navigational Regulations
Section 6-112. Designation of channel lines; mooring or anchoring
within marked channels.
Ctty Manager authortzed to estabhsh channel hnes
Unlawful to moor or anchor any boat or vessel or to
obstruct channels
Public Works Standards and Specifications
Sectton 12 11 Pters and docks setback 25feet from edge
of the channel
Mr Block referenced many bo&es of navtgable water do not have a channel In thts case, the Planmng
Department ts graded by an tnformal pohcy The 25/50/25 Rule ts utthzed 25% of the total waterway ts
allocated to those property owners on one stde of the channel and 25% of the waterway to those property
owners on the other stde of the channel, wtth 50% rematntng tn the mtddle for navtgattonal purposes Mr
Block advtsed the apphcant and hts engtneer presented the drawing for constderatton by the Planntng
Department Thts drawtng tndtcated theproposed dock was of such a destgn and stze that tt dtd not obstruct
the channel, thus dtd not vtolate the 25-foot rule; however, when constructton began and the sttuatton began
to evolve and become vtstble, the netghbors objected Thts ts a very large dock Staff vtstted the stte and
concurred the dock, as constructed, dtd not appear as deptcted tn the apphcant's drawtng There were
errors on the plan A "stop work order" was tssued After meettngs between the apphcant,, the agents and
members of Planning and Pubhc Works, the errors were tdenttfied The apphcant was tasked wtth
resubmttttng the revtsed drawtngs for further revtew prtor to complettng hts construc'tton When the
apphcant first submttted the plan, Pubhc Works dtd not advtse an encroachment was necessary due to the
obstructton tnto the channel tn Lake Wesley The apphcant revtsed hts plan whtch clearly deptcts the pter
obstructtng the channel The staff advtsed the apphcant and hts agents, tndependent of the encroachment
question, the City could no longer recommend a permtt be issued based upon the fact of thts channel
obstructton
July lO, 2ool
-7-
CITY MANAGER'S BRIEFING
ENCROACHMENT PROCESS
ITEM #48406 (Continued)
The apphcant then agatn resurveyed and submttted a second revision, which tndtcated the closest edge of
the pter ts 18feet away from the channel Because of the unusual nature of thts apphcatton, the staff of
Pubhc Works "double checked" and vertfied the calculattons of the apphcant's engineers Thts resulted tn
the change tn the channel locatton The shape of the lake ts dtfferent from 1971 There has been fill and there
may have been addtttonal removals durmg thts period of ttme Today, the Ctty ts more techntcally
sophisticated tn the utthzatton of electronics to prepare surveys If the pter was moved 7-feet back, tt would
techntcally be tn comphance wtth the rule, however, thts would not sattsfy the netghborhood
Summary
Piers and docks reqmre permits (approximately 200 per year)
Issued by the Planmng Department
Regulattons not comprehenstve
Ltmtted to areas adjacent to Ctty channels
Encroachment hcense requtred when ctty owned land tnvolved
Sawyer apphcatton
Involves both tssues
Pubhc opposttton
Ftve (5) routtne apphcattons tn Lake Wesley have been constdered over the past year and approved wtthout
objectton The Sawyer apphcatton ts dtfferent, bemg a larger pter than those of the other restdents
Alternatives
Navtgattonal regulattons for Pters and Docks
Revtse Lake Wesley Chanel, enforce extsttng City Code
Consider adopttng the 25/50/25 Rule for pters and docks, ctty-wtde
Requtre Condtttonal Use Permtts for pters and docks, ctty-wtde (Refer
to Planntng Commtsston)
Constder adopttng a "Pter Ltne" or&nance
Real Estate Encroachments
Retatn authortzatton at Ctty Counctl level
Authortze Ctty Manager approval tn Rudee Inlet
Authortze Wetlands Board to admtntster encroachments
Sawyer Apphcatton
Approve
Deny
Approve subject to reduced pter length
Robert Scott, Dtrector of Planntng, advtsed thts matter ts becomtng tncreastngly complex Mr Scott focused
on the tssue of requiring Condtttonal Use Permtts City Counctl recently adopted a Resolutton forwardtng
thts concept to the Planntng Commtsston for thetr revtew Along wtth envtronmental and navtgattonal,
vtstbthtypurposes could also be tncluded as a reason for regulatton of these encroachments Mr Scott was
concerned relattve the potenttal workload for the Planntng Commtsston and Ctty Counctl Last year, two
hundred (200)permits were issued There are a small number of apphcattons before Plannmg, which they
wtll attempt to reasonably postpone acttvtty, tf posstble, whtle Ctty Counctl and the Planntng Commtsston
develop a mutual recommendatzon
July 10, 2001
-8-
CITY MANA GER 'S BRIEFING
ENCROACHMENT PROCESS
ITEM # 48406 (Continued)
RECOMMENDATIONS
Navtgattonal Regulattons for Pters and Docks
Adopt 25/50/25 Rule
Encroachments
Retain authority at City Council level
Sawyer Apphcatton
Approve subject to reduced pier length
Counctlman Harrtson had sponsored the aforementtoned Resolutton and prefers Conchttonal Use Permtts
for large docks or pters of a certatn length Wtthout the CUP, the pubhc ts betng dented the rtght of
comment A dock or pter that does not comply tn appearance ts a bhght on the other property owners
Councdman Branch advtsed the apphcant, Wayne Sawyer, wtll be requesttng DEFERRAL for thirty 00)
days unttl the Ctty Council Session of August 14, 2001, as the recommendatton of Ctty staff has changed and
he has not had an opportuntty to dtscuss thts wtth the staff Councilman Branch beheved the Ctty Manager
should have the authortty to authortze encroachments tnto Lake Wesley
Mr Block advtsed the Channel of Lake Wesley was not moved Thts was an arttfictally estabhshed channel
tn order for the Corps of Engineers to have a gmdehne to issue permits for docks and pters Phtl Roehrs,
Engmeer - Pubhc Works, advised the wtdth of Lake Wesley ts 72-~ feet
July lo, 2ool
OFFICE OF THE CITY MANAGER
(757) 427-4242
FAX (757) 427-4135
TDD (757) 427.4305
City of Vir g inia
F'JLE COPY
Beach
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA 8EACH VA 23456-900!
July 1o, 200]
The Honorable Members of Council
Muntctpal Center, Butldtng 1
2401 Courthouse Drtve
Vtrgmta Beach, Vtrgzma 23456
Dear Members of Counczl.
Several weeks ago l'mentioned to you the General Assembly actton tn the 2000 session that
could allow us to change Council elections to l¢. ovember. I want to reiterate that I think this ts an
actton we should pursue tn concert with the current redistricttng effort. There are several reasons
we should make the change from May to November elections. Voter turnout and citizen
parttctpatton ts the most tmportant. Dr. Marlene Hager, the City Registrar, has provided me the
tnformatton presented below on voter turnout for May versus November in the last two election
cycles. As you can see, whether tt's an "off"year electron such as 1998 or a year that cotncides
with the Preszdenttal Electron, there is a 100 percent increase in voter turnout from November
compared to May' To me, that ts reason enough to go to November elections.
Election
Registered Voters
Number Voting
Percent Voting
May 1998 213,160 33,714 15.8
November 1998 221,393 68,272 30 8
May 2000 232,282 62,039 26. 7
November 2000 242,891 152, 741 62.9
The second conszderatton ts the cost savtngs. Although we will not be able to have a 100%
off-set of costs, I beheve there will be a constderable cost savings.
The actton of the General Assembly would allow the Council to, by ordtnance, change the
date of the Counctl electron from May to November. Thts would also change the date of the School
Board electron to November The City of Richmond, on June 2Yh, adopted the or&nance (copy
attached) changtng that ctty's electron in 2002 to November The number one reason noted by
Richmond Counctlmembers who voted for the change was greater voter turnout They also
The Honorable Members of Councd
du(v 10, 2001
Page 2
menttoned the cost savtngs of not havtng the May electron. For us to have this change become
effecttve for the 2002 electron, we would need to act before the end of&ts calendar year. Thts ttme
frame meshes very mcely wtth the schedule lard out by Mr Ldleyfor re&stncttng. We could eastly
incorporate public tnformatton tn the pubhc hearings that we wdl carry out for the redistrtcttng
effort
£ have discussed this issue wtth Mr. Dan Edwards, Chatr of the Virginia Beach School
Board, and he agreed that there would be a much greater voter turnout with the November election
date. Obviously, we would need to do further coordinatton wtth t-t-~e School Board as we proceed.
There may be some who would object to this because we wtll be extending current Council and City
School Board terms by stx months. I would respond that the General Assembly considered that in
its deliberation and the enabling legtslatton allows that extenston. Certainly the change tn Council
terms ts nothing new for us. For example, when we changed the method of Council elections we
shortened some terms by two years. Extending current terms by stx months in the interest tn
achievtng vastly improved voter parttctpation is an acceptable trade-off
I cannot over-emphasize my desire to matntain non-partisan City Council and School Board
electrons. Since even-year November electrons are not tn sync wtth Virgima elections, such as for
General Assembly members, there should be no need to further pohttctze, through partisanship, our
local elections.
In concluston, changing the date of local electrons to November will help improve the
partictpation tn our democrattcprocess. It represents an eastly achtevable objecttve conststent with
"good government. " We have already taken steps to ease and encourage citizen parttctpation such
as going to evening meetings, holding community conversattons, tmprovtng communtcattons vta the
City Page and Beach Magazine, and mala'ng our meettngs accesstble on the Internet.
I hope that we can reach consensus to change the Council electron date. An early Counctl
dectsion would allow Mr. Lilley and Mr. Spore to include this information in anypublic nottces, etc.
I look forward to discussing this with you in the tmmediatefuture.
Sincerely,
Meyera E. Oberndorf
Mayor
MEO : clb
Attachment
c: Mr. Jim Spore Mr. Les Lilley
Dr. Marlene Hager
I
JUL-£~-~U~£ x~.o~ ~11¥ ~L~NK'b UPPILb 804 ?80 7?36 P.01/01
NAY 2 9
ttlJO JUN 2 5 2001
To amend and reordain Chapter 9 of' the City Code by =riding therein a ne~ numbered
Section 9-3, which provides for City Council elections to take place on the first Tuesday in
November beginning in November 2002.
__
Patrons - Mayor Kaine, Rev. Hedgepeth, Mr. JobJason,
Mr. Brooks, Mr. Loupassi, and Rev. McQuinn
Approved as to form and legality
by the City Attorney
.JUN
THE CITY OF RICHMOND HEREBY ORDAINS'
§ l. That Article 1 of Chapter 9 of the Code of the City of Richmond (1993) be and is
hereby amended by adding therein a new Section 9-3 as follows:
See 9-3. Election of Council at November general election.
Pursuant to Section 24.2-222.1 of the Code of V~rginia and notwithstanding the
provisions of Section 24 2-222 of the Code of Virginia and Section 3.01 of the Charter of the
City of Richmond, on the first Tuesday in November. 2002 and on the first Tuesday in
November in every second year thereafter, there shall be held a general City election at which
shall be elected by the qualified voters of the City one member of Council from each of the nine
election districts in the City, the voters residing in each such district to elect one member for said
district for terms of two years from the first day of January 1 following their election.
§ 2. This ordinance shall be in force and effect upon adoption.
TOTAL P. 01
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.1un 04, 200:1.
Council elections in fall sought
Aim would be to boost turnout
BY WTLL 3ONES
TiMES-DISPATCH STAFF WRITER
Beginning next year, Richmonders could elect their Cib/Council and School Board in November, not
Nay.
Seven of the nine council members have introduced a proposal to hold the elections in November,
with statewlde and national elections. Richmond would be the first major city in Virginia to elect I~s
officials in the fail.
Hayor Timothy M. Kaine, who has been trying to move the city's elections since he was elected in
:[994, believes it would dramatically increase voter turnout, perhaps double it.
"! think we're all kind of embarrassed about the terrible turnout in Hay."
Low turnout
In May 2000, only :[7 percent of Richmond's registered voters cast ballots. That was the lowest
percentage since the current system of government was created in 1977. The previous mark was
set in :[996, when 18 percent of registered voters turned out.
Since 1987, turnout In November elections has ranged from a high of 84 percent in 1992, when
President Clinton was elected to his first term, to a Iow of 16 percent in :t999, when only one of
nine races for city seats in the state Senate and House of Delegates was contested.
The idea of moving the elections to November was last discussed in October, when a majority of
city Council rejected a proposal to create a commission to study a number of government Issues.
Thev ;~l~n ine_htrled extending council terms fr0.m .tWO yeBrs to lo.ur and elecL'__!n.g.the mayor at large.
~ ' .
,,,/~st year, ~he General Assembly approved a law, sponsored by Del. Anne G. Rhodes, R-Richmond, ~
that allows the cities to switch the date of a local election without first geLttng approval from the ~
I~:jislatum. .
Only change
So far, Norton is the only city that has decided to make the change to November, according to the
state Board of Elections. Fewer than ~.0 towns and a couple of other cities are contemplating the
shift, sa~d Mary 3o Fields, director of research for the Virginia Municipal League.
"! think there will probably be some every year.., at least considering it."
Ka~ne introduced the proposal Tuesday with council members Sa'ad EI-Amin, Delores L. Mc(~uinn,
G. Hanoli Loupassi, 3oseph E. Brooks, Bill .~ohnson 3r. and Gwen C. Hedgepeth. A public hearing is
scheduled for June 25.
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Kaine said holding the elec- tions in November has advantages in addition to boosting turnout. It
would eliminate the cost of May elections and prevent council members who lose their races from
adopting a. city budget before leaving office in July.
"You can have lame-duck council members that kind of bind their successors," he said.
EI-Amin said he still has reservations about the proposal, even though it isn't connected to other
issues, such as the at-large mayor. One of his concerns Is that elections could become partisan,
especially if candidates start relying on the parties to supply campaign workers.
"It almost forces parUsan positioning," he said of November elections. "Our issues will be
submerged in national and state issues."
He added that voter disinterest might need to be addressed by the candidates, not a schedule
change. Last year, two council members ran unopposed, and a third was challenged by only a
write-in candidate.
"That is our problem as candidates and incumbents: to make it more interesting and compelling
get people to turn out," EI-Amin said.
Richmond plans to spend $70,511 to hold the May 2002 election, said 3. Kirk Showalter, general
registrar. If all elections are held in November, the added costs would be minimal, she said. "The
only difference would be the number of ballots."
Councilwoman Reva M. Trammell and Vice Mayor Rudolph C. HcCollum .Ir. have not agreed to
sponsor the proposal. McCollum could not be reached. Trammell said her constituents would prefer
leaving the elections ~n Hay, when they can get more attention.
"It might get lost" in November, she said of any parUcular race. '"They might not even vote for the
council person. ! th~nk it would be best to leave it alone."
Kalne said he does not believe the elections would be overlooked If they were decided with
statewide and national races. Virginia's counties don't seem to have trouble electing their boards of
supervisors in November, he said.
"I don't hear voters i~n their communities being confused and not knowing who to vote for."
-- _.
/"~ichmond's charter specifies that City Council elecl:lons are to be held in May. The General
/ Assembly would not be required to sign off on an amendment moving the elections to November,
[~,~_ d. ty spokeswoman said.
~ l~h, Richmond Crusade fo; V"ot'ers, a black vo~er organization, has-opPosed moving the elections
'~, when it has been packaged with other initiatives, Including the at-large mayor.
Chades D. Chambl~ss, president of the Crusade for Voters, had not heard of council's latest
proposal. "We'll examine It and see what they're up to this time."
Dr. 3ohn Hoeser, professor of urban studies and planning at Virginia Commonwealth Umverslty and
an expert on local government, agreed that city races might not get the same media attention in
November that they get in IVlay.
However, he said any negatlves of moving the elections would be outweighed by positives.
"It's been Iow for a long, long time, so we've got to do something," he said of turnout. "People
think of November as election time. Anything that would Increase participation in elections would
be good."
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Bill Tracking - 2000 session Page 1 of 2
HB 622 City and town elections.
Patron - Anne G. (Panny) Rhodes (all patrons) ..... notes
. · · -- .........''~' .... I ...... I I . __ I ...................... I .........~'
Summary az' passed:
City and town elections. Allows cities and towns by ordinance to provide for the election of the
governing body at the November general election rather than the May general election. Alternatively,
voters may petition thc circuit court asking that a referendum be held on the question of whether the city
or town shall elect the mayor and council at the November general election. Several other sections are
amended to eliminate the assumption that all elections for city and town governing bodies or school
boards are held in May.
Full text:
01/20/00 House: Presented & ordered printed 002569908
03/14/00 House: Enrolled bill text (HB622ER)
04/24/00 House: Reenrolled bill text (HB622ER2)
05/08/00 Governor: Acts or' Assembly Chapter lext (CHAP1045)
/lmendments :
Govemor's recommendations
Status:
01/20/00 House:
01/20/00 House:
01/25/00 House:
02/07/00 House:
02/08/00 House:
02/09/00 House:
02/10/00 House:
02/I0/00 House:
02/10/00 House:
02/11/00 Senate:
02/11/00 Senate:
02722100 Senate:
02/23/00 Senate:
02/23/00 Senate:
02/24/00 Senate:
02/25/00 Senate:
02/25/00 Senate:
02/28/00 Senate:
02/28/00 Senate:
02/29/00 Senate:
02/29/00 Senate:
02/29/00 Senate:
03/01/00 Senate:
03/01/00 Senate:
03/01/00 Senate:
03/02/00 Senate:
03/02/00 Sanate:
03/02/00 Senate:
03/14/00 House:
Presented & ordered printed 002569908
Referred to Comrrfittee on Privileges and Elections
Assigned to P. & E. sub-committee: 2
Reported from Privileges and Elections (21-Y 2-N)
Re~d first time
Read s~ond time and engrossed
Read third time and passed House (95-Y 4-N)
VOTE: PASSAGE (95-Y 4-N)
Communicated to Senate
Constitutional reading dispensed
Referred to Committee on Privileges and Elections
Reported from Privileges and Elections (11-Y 1-N 2-A)
Const. reading disp., passed by for the day (39-Y 0-N)
VOTE: CONST. RDG. DISPENSED R (39-Y 0-N)
Passed by for the day
Read third time
Passed by for the day
Read third time
Passed by for the day
Read third time
Passed by temporarily
Passed by for the day
Read third time
Passed by temporarily
Passed by for the day
Read third time
Passed Senate (33-Y 6-N)
VOTE: PASSAGE (33-Y 6-N)
Enrolled bill text (HB622ER)
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House:
House:
Senate:
House:
House:
House:
EnroIled
Signed by Speaker
Signed by President
Governor's recommendation xeceived by House
Placed on Calendar
House concurred in Gov's recommendation (99-Y 0-N)
House: VOTE: ADOPTION (99-Y 0-N)
Senate: Senate concurred in Gov's recommendation (39-Y 0-N)
Senate: VOTE: ADOPT GOV.'S RECOMM. (39-Y 0-N)
Governor: Title Amended
Governor: Governor's recommendation adopted
House: Reenrolled
House: Signed by Speaker as reenrolled
Senate: Signed by President as reenrolled
House: Enacted, Chapter 1045 (effective 7/1/00)
House: Reenrolled bill text (HB622ER2)
05/08/00 Governor: Acts of Assembly Chapter text (CHAP1045)
General Assembly Home J Bills and Resolutions
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VIRG~ ACTS OF ASSEMBLY - 2000 RECONVENED SESSION
REENROLLED
CHAIR 1045
An Act to amend and reenact ~ 22.1-57 3, 24.2-222, 24.2-223, 24.2-226, 24 2-311, and 24.2-503 of
the Code of Virginia and to amend the Code of I/irgin=a by adding a aectton numbered 24.2-222.1,
promdmg cities and towns the option cte conducting municipal elecnons at the November general
election rather than the May general election.
III 6221
Approved April 19, 2000
Be it enacted by the General Assembly of Virginia:
1. That §§ 22.1-57.3, 24-~-222, 24.2-223, 24.2-226, 24.2.311, and 24.2-503 of the Code of Virginia
are amended and reenacted and that the Code of Virginia is amended by adding a section
numbered 24.2-222.1 as follows:
§ 22.1-57.3. Election of school board members.
A. If a majority of the qualified voters voting in such referendum vote in favor of changing the
method of selecting school board members to direct election by the voters, then thc members of the
school board sba_il be elected by popular vote. F_.lcct~ons of school board members in a county, city, or
town shall be held to coincide with the elections for members of thc governing body of the county,
city, or town at the regular general election in November h~ ,,-he ~,= et: e =eu."..~' or the regular
general election in May h~ ~ car.: og e eity. ~ taws, as the case may be. t~ as :v=nt ~'..J oaf
B. The imtml eleci~ board shall consist of the same numbcr of members as thc appointed school
board it rcplaccs, and the members shall bc elected from the established county or municipal election
districts, at large, or a combination thereof, on the same basis as the school board previously was
appointed. If thc appointed school board being replaced has not been appointed either on an at-largc
basis or on the basis of the established county or municipal election districts, or a combination
thereof, tho members shall be elected at large unless thc governing body of the county, city, or town
pmvidea for the election of school board members on the basis of the established county or municipal
election districts. If the appointed school board being replaccd has been appointed at large, the
governing body of the county, city, or town may establish school election districts for the election of
school board members. The governing body may provide for a locality-wide district, one or morc
distncts comprised of a part of the locality, or any combination thereof, and for the apportionment of
one or more school board members to any chstrict.
Thc terms of the members of the elected school board for any county, city, or town shall bc thc
same aa the terms of the mcmb~s of the governing body for the county, city, or town. In any locality
in which both the school board and thc governing body arc elected from election districts, as opposed
to being elected wholly on an at-large basis, the elections of the school board member and governing
body member from each specific dismct shall be held s~multaneously cxccpt as othexwise provided in
§ 22.1-57.3:1.
At the first election for members of the school board, so many members shall be elected as thc~e
are members to bc elected at thc regular election for the governing body. At each subsequent regular
election for members of the governing body, the same number of members of the school hoard shall
be elected as the number of mcmbcrs to be elected at the regular election to the governing body.
However, ff the number of members on the school board differs from the number of members of the
governing body, the number of members clected to the school board at the first and subsequent
general clection shall be cithcr more or less than the number of governing body members, as
appropriate, to the end that the number of members on the xnitial elected school board is the same as
thc number of members on the appointed board being replaced.
Except as provided in § 22.1-57.3:1, the terms of the members of the school board ~_~1_1 be
staggered only if the terms of the members of thc governing body are staggered. If there are mote, or
fewer, members on the school board than on the governing body, thc number of members to be
elected to thc school board at the first and subsequent election for school board members shall be the
number required to establish the staggcred term structure so that (i) a majority of the members of the
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school board is elected at the same ume as a majority of the members of the governing body; (ii) if
one-half of thc govcrnmg body is being elected and thc school board has an even number of
members, one-haft of the members of thc school board is elected; (xii) if one-half of the governing
body ts being elected and thc school hoard has an odd number of members, the majority by one
member of the school board is elected at thc first clection and thc remainder of the school board is
elected at the second election; or (iv) cf a majority of the members of the governing body ts being
elected and the school board has an cven number of members, onc-haff of thc mcmbers of the school
board is elected.
If the school board is elected at large and the terms of the members of the school board are
staggered, thc school board members to be replaced at the first clcction shall include all appointed
school board members whose appointive terms are scheduled to exptre on December 31 or on June
$0, as the case may be, ncxt following thc flint election of county, city or town school board
members; op ~ Jm~e ~ n:~t ff~!!~:;'~.~ ~1~ fi::~ ~ og ~ o~ tow~ c,~$~~. b~,~.~ member. If the
number of school board members whoso appointive terms are so scheduled to cxpirc is zero or less
than the number of school board members to bc elccted at thc first elect~on, thc appointed school
board members to bo rcplaced at the first election shall also include those whose appointive terms are
scheduled to cxpu'c next subsequent to the date on which the terms of office of the fi~t elected
school board members will commence. If the appointive terms of mom than one school board rncmber
arc schcduled to expire simultaneously, but less than all of such members arc to be replaced at the
lust election, then the identity of such school board member or members to be replaced at thc first
election shall be determined by a drawing held by thc county or city electoral board at least ten days
prior to the last day for a person to qualify as a candidate for school board member.
In any case in whtch school board members arc elected from election districts, as opposed to being
elected from thc county, city, or town at large, thc election dismcts for thc school board shall be
coterminous with the election districts for the county, city, or town governing body, except as may be
specifically provided for the election of school board members m a county, cxty, or town in which the
govcmin§ body ts elected at large.
C. Thc terms of office for the school board members shall commence on January 1 or Yu/y 1. as
the case may be, following then' election ia the ease eg e eem~ ~-----d o~ ~ -1- fcl!:.::~.a~, ~
*~-~'Jen m t~ aaa: o~' e ei~ ~ ~n~. On December 31 or June 30, as the case may be, following the
first election of county, city or town school board members, ot~ o~ ~ms ~9 ia ~ ~ o~' s oi~ ~
~ ~ beard, the terms of office of the members of the school board in office through
appointment shall expir~ and the school board selection commission, tf there ia one, shall be
abohahcd. If the entire school board ia not elected at the first election of school board members, only
the terrr~ of the appointed members being replaced shall so expire and the terms of the appointed
members being replaced at a subsequent elect~on shall continue or be extended to expire on December
31 or June 30, as appropriate, of the year of the election of the school board members replacing them.
D. Except as otherwise provided herein, a vacancy in the office of any elected school board
mmnber shall be filled pursuant to §§ 24.2-226 and 24.2-228. In any county that has adopted the
urban county executive form of government and that has adopted an elected school board, any
vacancy on the elected school board shall be filled in accordance with the pmcedur~ set forth in
§ 15.2-802, mutates mutandis. Notwtthstanding any provision of law or charter to the contrary, if no
candidates file for election to a school board office and no person who is qualified to hold the office
is elected by write-in votes, a vacancy shall be deemed to exist m the office as of January I or July
1, as the case may be, ia ~ks :.~: og a e:~-:ty.........~.'-'-~'-'-'~ ~---~--~........., ot~ ~ -l-v, m ~e cass og a oi~ o~ ~
-~--a~! baa.~; following the general election. For the purposes of thts subsection and A.~le 6
(§ 242-225 et seq.) of Chapter 2 of Title 24.2, local school boarc~ comprised of elected and
appointed members shall be deemed elected school boards.
E. In order to have then' names placed on the ballot, all candidates shall be nominated only by
peutton as provided by general law pursuant to § 24.2-506.
F. For the purposes of this sectmn, the election and term of ~e mayor or chairman of *.he board of
supervusors shall be deemed to be an elect~on and term of a member of the governing body of the
mumcipaltty or county, ~specttvely, whether or uot the mayor or chaxrman ~s deemed to be a member
of the governing body for any other purpose.
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O. No employee of a school board shall be eligible to serve on the board with whom he ~s
employed.
§ 24.2-222. Electron and terms of mayor and counml for cities and towns.
The quahfied voters of each city and town shall elect n mayor, if so provided by charter, and a
councQ for d~e terms provided by charter. Except as provMed in :~24.2-222.1, and notwithstanding
any other provision of law, general or special: (i) any elecuon of mayor or councilmen of a city or
town whose charter provtdcs for such elections at two*year or four-year intervals shall take place at
the May general election of an even-numbered year and (ii) any election of mayor or councilmen of a
city or town whose charter provides for such electrons at one-year or thee-year intervals shall take
place at the general election in May of ~e yea~s designated by charter. The persons so elected shall
enter upon the duties of their offices on July I succeeding then' election and remain m office until
their successors have qualified.
§ 2,1.2-222.1. ,~lternan've election of mayor and councd at ~ovember general election m c#ies and
towns.
,4. JVotwitlutanding the provtsion# of § 24.2-222, the council of a city or town may provide by
ordinance that the mayor, if an elected mayor is provided for by charter, and council shall be elected
at the l~ovember general electron date, for term.~ to commence January 1. No such ordinance shall be
adopted between January I and the May general election date of the year in which city or town
elections regularly are scheduled to be hem therein.
B. ,41ternatfvely, the registered voters of a c~ty or town may file a petition with the circuit court of
the city or of the county within which the town is located a~idng that a referendum be held on the
question of whether the city or town should elect the mayor, if an elected mayor is provtded for by
charter, and council members at the November general election date. The petition shall be signed by
registered voters equal in number to at least ten percent of the number registered in the city or town
on the January I preceding the filing.
]"he court, pursuant to § 24.2-684, shall order the electron oj~cials on a day fixed tn the order to
conduct a referendum on the question, provided that no such referendum shall be scheduled between
January I and the May general election date of the year in which clty or town elect~ons regularly are
scheduled to be held therein. 2'he clerk of the court shall publish notice of the referendum once a
week for the three consecutive week~ prior to the referendum in a newspaper having general
ctrculation in the city or town, and shall post a copy of the notice at the door of the courthouse of
the city or county within which the town is located. The question on the ballot shall be:
nShall the (city or town) change the election date of the mayor (if so provided by charter) and
members of council from the May general electron to the November general election?"
If members of the school board in the city or town are elected by the voter~, the ballot question
also shall state that the change in election date applies to the electron of school board members.
The referendum shall be held and the regults certified as provided in § 24.2-684. If a majority of
the voter~ votmg in the referendum vote in favor of the change, the mayor and council thereafter
shall be elected at the November general election date for term~ to commence ,lanuary 1.
C. No term of a mayor or member of counctl shall be shortened in tmplementing the change to the
t¢ovember election date. Mayors and members of council who were elected at a May general election
and whose term~ are tn expire as of June 30 shall continue in oJ~ce until their successors have been
elected at the 3[ovember general election and have been qualified to serve. § 24.2-223. Election and term of school board members.
Ia any county, city or town whc~cm members of the school board at~ elected, pumm_nt to Article
7 (§ 22.1-57.1 et seq.) of Chapter 5 of Title 22.1, election~ shall bc held to coincide with the election
of members of the governing body at the regular general election in l~lovcmber ia a eem~ or the
regular general election in May ~ ~, ~ e~ '.e::=z, as the case may be. Elected school boaxd members
shall serve terms which ate the same as those of the governing body, to commence on January 1
following thei~ election i~ a emm~ or July I following thci~ election m a e~ ~w ~ as the case
may be. Ia ae r,-/r,.--*t ahait a~ e~::t~.e.~ et: :r,~.~,l be-_-d_ .--_:.=b:r: *,ake ~ ~ ~e ~ § 24.2-226. Election to fill vacancy.
A. A vacancy ia any elected :=:'--"-St'-'-t:.:---a! e~ local office, whether occurring when for any reason
an officer-elect does not take office or occurring attc-x an officer begins his ten, a, shall bc filled by
07/10/01' 11:12 ~' ~]009/010
special election except as provided for certain towns by § 24.2-228 or for constituttonal o~cers as
provided in .q 24.2-228.1, or unless pw,aded otherwise by statute or charter. The governing body or,
in the case of an elected school board, the school board of the county, city, or town ia which the
vacancy occurs shall, within f'tfr~eri days of the occurrence of the vacancy, petition the circmt court to
issue a writ of clcctaon to fill the vacancy as set forth in Amclc 5 (§ 24.2-681 et seq.) of Chapter 6.
Either upon receipt of thc pet~tton or on its own motion, the court shall issue the writ ordering thc
election for thc next cnstung general election to be held in November in the case of county ~
arid ~ ce.--.:'2tu~e=a! o/fteem, city, or town o~cers regularly elected in November, or in May m thc
case of other city and town officers. If the vacancy occurs within 120 days prior to that elcctinn,
however, the writ shall order the election to be held at the second ensuing such general clect~on. The
person so elected shall hold the oflicc for thc remaining portion of thc regular term of the office for
which the vacancy is being filled.
B. NoLwithstanding any prov3sion of law or charter to the contrary, no election to fill a vacancy
shall be ordered or held if thc general election at which it is to be called is scheduled within sixty
days of the end of the term of the office to be/'filed.
C. Notwithstanding any provision of law or charter to the contraxy, when an interim appointment
in a vacimcy m any governing body or elected school board has been made by the remaining
members thereof, no election to fill the vacancy shall be ordea~d or held if thc general election at
which it is to be called is scheduled in thc year in which the term expires.
§ 24.2-311. Effective date of decenmal redistricting measures; elections following decennial
redistricthig.
A. LeglslaUon ~nacted to accomplish the decennial redismcting of congressional and Gcneaal
Assembly districts required by Article IL Section 6 of the Constitution of Virginia shall take effect
immediately. Members of Congress and the General Assembly in office on thc effective date of the
deccnmal redlstncting legislation ._q_h_~l_l complete their ternu of office. The elections for their
successors shall be held at the November general election next preceding thc expixation of the terms
of office of the incumbent members and shall be conduO, ed on the basis of the districts set out in the
legislation to aocomplish the decennial redistricting.
B. Ordinances adopted by local governing bodies to accomphsh the decennial redistricting of
districts lbr county, city, and town governing bodies required by Amcle VII, Section 5 of the
Constitution of Virginia shall take effect immediately. Members of county, city, and town governing
bodies in office on the effeclave date of a decennial redistricting measure shall complete their terms of
office. The elect~ons for their successors shall be held at the general election next preceding th~
expiration of the terms of office of the incumbent members and shall be conducted on the basis of the
districts set out in the measures to accomplish the decennial redistricting.
C. ff a vacancy in any such office occurs after the effective date of a dcccm~ial redistricting
measure and a special election is required by law to ~l the vacancy, the vacancy shall be ~led from
the distnct in the decennial redhtricting measure which most closely approximates the district in
which the vacancy occurred.
D. If a decenmal redistricting measure adopted by a local governing body adds one or more
districts and also increases the size of thc governing body, an election for the additional governing
body member or members to represent the additional district or districts for the full or partxal term
provided by law shall be held at the next November genera[ election in any county or in any c~ty or
town that regularly elects its governtng body tn November pursuant to .q 24.2-222.1, or at the next
May geaeral election in any other c~ty or town, which occurs at least 120 days after the effective date
of the redistricting measure.
F,. In the event of a conflict between the provisions of a decennial redistricting measure and the
pmvi~ions of the chart~ of any locality, the provisions of the redistricting measure shall be deemed to
override the charter proxfls~ons to the extent required to give effect to thc redistricting plan. § 24.2-503. Deadlines for ~ing required statements; extensions.
The written statements of qualification and economic interests shall be ~ed by (0 primary
candidates not later than the filing deadline for the pnmary, (ii) all oth~r candidates for c~ty and town
offices to be filled at a May general electron by 7:00 p.m. on the first Tuesday ia Marc, h, (iii)
candidates m special electrons by the tune of qualifying as a candidate, and (iv) ail other candidates
!
07/10/01 11:13 ~OlO/OlO
by 7:00 p.m. on the second Tuesday in June.
A statement shall be deemed to be timely filed if it is mailed postage prepmd to the appropriate
office by registered or certified mail and tf thc official receipt therefor, which shall be exhibited on
demand, shows mailing within thc prescribed time limits.
The State Board may grant ,-tn extension of any deadline for filing either or both written siatements
and shall nolafy ail can&dates who have not filed their statements of the extension. Any extension
shall bc granted for a fixed period of time of ten days from the date of the mailing of the not, ice of
the extension.
07/t0/01 .. 11:0¢
THE VECTRE CORPORA TION
(806)
i i ---- i _ i il il i
- iii ! i
PZ~ A'O.: ao4-644-66~.s .....
PAGES
IF YOU DO NOT P. ECEi'7~ ALL P~G~E, P~ 'CALL BACF~ AS SOON' A,~
POB$~. M~ ~~ IS (804) 644-6600
i · i · im I m £ i i i mi_ m
ii II I m t il I ·im · , mm, I ·
· City electiofis shifted to Nov.
Page
.1un 26, 2001
City elections shifted to Nov.
School Board, council affected
BY WILL JONES
'Ill,lES-DISPATCH STAFF WRITER
Richmonders will elect their City Council and School Board in November,
beginning next year.
R3CHHOND
CZTY COUNCZL
City Council voted 6-3 last night to move the elections from May in hopes of boosting dismal voter
turnout. Richmond becomes the first major city in virginia to move its elections to the fall, when
state and national elections are held.
"I believe participation is an unadulterated good in elections," said Mayor Timothy M. Kaine, who
has been trying to move the elections since taking office in 1994.
From 1992 to 2000, Richmond averaged 22,474 voters in May, compared with 51,116 in
November.
In May 2000, only 17 percent of the registered voters cast ballots. That was the lowest percentage
since the current system of government was created in 1977.
"The participation is pathetic in the May elections," C.H. Merriman, a member of the Richmond First
Club, said last night.
Last year, the General Assembly approved a law, sponsored by Del. Anne G. Rhodes, R-Richmond,
that allows cities to switch the date of a local election without getting approval from the legislature.
By moving its elections, Richmond will save $50,000 to $70,000 every two years, and the current
City Council and School Board members will get an additional six months on their terms.
Councilman G. Manoli Loupassi said he had thought that making the change effective in 2004
would be good because the current council would not be voting itself a longer term. However, he
ultimately supported the move, saying November elections would serve the interests of the city,
not the current council.
Also voting for the plan were Kaine and Bill ]ohnson Jr., Gwen C. Hedgepeth, Joseph E. Brooks and
Delores L. Mc(~uinn. Support also came from representatives of the Richmond Business Council, the
Coalition for a Greater Richmond and the Southampton Citizens Association.
Councilman Sa'ad EI-Amin, who had agreed to be a patron of the proposal, ended up opposing it
with council members Reva M. Trammell and Vice Mayor Rudolph C. HcCollum
EI-Amin worried that local races will become partisan because they will coincide with state and
federal elections. He also said that local candidates will have to compete for campaign workers and
http://inf~~timesdispatch~c~m/printversi~n~cgi?ur~=http%3A//www~timesdispatch~c~m/fr~n.~~ 6/26/2001
City eleetion~ shiRed to Nov.
·
Page 2 of 2
attention.
"Where is our visibility in November?" he asked.
Charles D. Chambliss, president of the Richmond Crusade for Voters, a black voters' organization,
asked the council to postpone its decision to allow for more study. He said voter participation would
increase in May if the candidates spent more and worked harder to get their messages out.
Kaine said Virginia's counties appear to be managing fine by electing their officials in November.
He added that opponents to November elections are afraid of high turnout and called it ridiculous
and patronizing to argue that city voters wouldn't be able to handle local elections in November.
"The voters in the city of Richmond are perfectly capable of figuring out what is what," he said.
Contact Will Jones at (804) 649-6911 or wjones@timesdispatch, com
· rl~is ~t~ry can be found at: htto://www.timesdispatch.com/frontpaqe/MGBO3LK6FOC.html
http://inf~~timesdispatch~c~m/printversi~n~cgi?ur~=http%3A//www~timesdispatch~c~m~r~n~~~ 6/26/2001
November Elections
Year President Senate Congress Governor Senate House of Council
(U.S.) (State) Delegates
2000 X X X
2001 X X
2002 X X X
2003 X X
2004 X X X
2005 X X
2006 X X X
2007 X X
2008 X X X X
2009 X X
!
2010 X X
2011 X X
2012 X X X X
-9-
AGENDA RE VIEW SESSION
4:58 P.M.
ITEM # 48407
H 10rdtnance re documents to AMEND and enhance the 31st
Street project tn conformtty wtth a Term Sheet approved by
Ctty Counctl Aprt124. 2001
Counctl Lady McClanan advtsed speakers wtll be registered for this ttem Citizens are questtomng City
Council not adhering to their approved procedure
ITEM # 48408
H 40rdtnances re constructton and tntersectton tmprovements
of Seaboard Road (DISTRICT 7 - PRINCESS ANNE)
Transfer $38,715 from Traffic Safety Improvements Phase
II, and $144,000 from London Brtdge Road Extended re
City's share o fa costparticipation agreement and right-of-
way acquisition.
Acqutsttton of property tn fee simple for the rtght-of-way
and temporary and permanent easements, etther by
agreement or condemnatton
c Authorize the Ctty Manager to execute a Cost Participation
Agreement between the Ctty and PA W, L.L.C.
Counctl Lady Henley expressed concerns she wtshed Ctty staff to address
ITEM # 48409
H 10rdtnance to ACCEPT and APPROPRIATE a $424.486 grant
from the Untted States Department of Educatton to the FY 2001-
02 operating budget of the Department of Museums and
Cultural Arts re educattonal programmtng for students, and.
est.nated revenue from the federal government be increased
accordmgly
Council Lady Wilson was advised the salary ts for one FTE educator who will serve as the ProJect
Coordtnator Thts ts just for a pertod of three years and employment wtll termtnate thereafter
ITEM # 48410
BY CONSENSUS, the followtng shall compose the CONSENT AGENDA:
H ORDINANCE/RESOL UTION
Ordtnance re amendment to the lease between the Ctty and the
Back Bay Wtldfowl Guild for the use of the deWitt Cottage re
subleasing the patto area to a restaurant owner and operattng a
beverage cart wtth assoctated seattng
Ordtnance to ACCEPT and APPR OPRIA TEa $424.486 grant from
the Untted States Department of Educatton to the FY 2001-02
operattng budget of the Department of Museums and Cultural Arts
re educattonal programmtng for students, and. esttmated revenue
from the federal government be tncreased accordtngly
6 REFUNDS
a License - $1,186.68
b Tax -$ 437.39
JuU lo, 2ool
-10-
AGENDA RE VIE W SESSION
ITEM # 48411
B Y CONSENSUS, thefollowtng shah compose the PLANNING BY CONSENT AGENDA:
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Petttton of DR. MICHAEL J. and SYL VIA SOLHA UG and
HORACE P. and MARY H. McNEAL for the
dtscontmuance, closure and abandonment ofa portton of an
alley on the east stde of Holly Road south of 53ra Street on
the southern boundary ofUbermeer, contammg 1425 square
feet (DISTRICT 5 - L YNNHA VEN)
13 Apphcattons of SETTLERS CROSSING, L.L.C., a Vtrgtnta
hmtted company (DISTRICT 3 - ROSE HALL)
Change of Zontng Dtstrtct Classtficatton from A-12
Apartment District and R-75 Residential Dtstrtct to
Con&ttonal B-2 Community Bustness Dtstrtct on Parcels 1
and 2 on the west stde of Windsor Oaks Boulevard, south of
Holland Road, contatmng 13 3 acres
Change of Zontng Dtstrtct Classtficatton from A-12
Apartment Dtstrtct, R-7 5 Restdenttal Dtstrtct and B-2
Communtty Bustness Dtstrtct to Condtttonal A- 12 Apartment
Dtstrtct wzth a PD-H2 Planned Development Houstng
District Overlay on the followtng parcels, containing 91 8
acres
(1) Parcel 1
(2) Parcel 2
(3) Parcel 3
(4) Parcel 4
(5) Parcel 5
(6) Parcel 6 & 7
East stde of Wtndsor Oaks Boulevard, north of
South Independence Boulevard
West stde of Wtndsor Oaks Boulevard, north of
South Independence Boulevard
West stde of Wtndsor Oaks Boulevard, south of
Holland Road
East stde of Wtndsor Oaks Boulevard, north of
South Independence Boulevard
West stde of Wtndsor Oaks Boulevard, north of
South Independence Boulevard
Northeast and northwest corners of Wtndsor Oaks
Boulevard and South Independence Boulevard
14 Ordinance to AMEND 3~ 108 of the City Zontng Ordtnance
(CZO) for posang of stgns re apphcattons for rezomng, etc
ITEM # 48412
L 1 Apphcattons of BILLY W. CHAPLAIN on the west stde of
Washtngton Avenue south of Vtrgtnta Beach Boulevard (849 and 853
Vtrgtnta Beach Boulevard) (DISTRICT 6 - BEACH)
A Change o_f Zontng Dtstrtct Classtficattonfrom A-12
Apartment Dtstrtct and RT-3 Resort Tourtst Dtstrtct to
Conditional B-2 CommuntW Bustness Dtstrtct, contatntng
23, 850 square feet
B Conchttonal Use Permtt. fora bulk storage yard, contatmng
19, 000 square feet
Thts ttem ts on the agenda to be SCHEDULED FOR RECONSIDERATION August 14, 2001.
July lO, 2OOl
-ll-
CITY COUNCIL COMMENTS
5:03 P.M.
ITEM # 48413
Counctl Lady Eure referenced the latest pubhc tnformatton relattve the storage of material tn high cetltng
warehouses t e Home Depot, Walmart, etc, she wtshed Ctty staff to advtse of any restrtcttons tmposed Smce
the new tFalMart has been at Salem, a chtld has been ktlled from falhng stock
ITEM # 48414
Counctl Lady Henley referenced problems assoctated wtth surfing at Sandbridge Counctl Lady Henley
encouraged the Ctvtc League to provtde comments of the communtty and THEY have not re&cared a great
problem, however, over thts past weekend an tnctdent occurred when some surfers attacked a restdent
Counctl Lady Henley HAS &scussed this tssue wtth C Oral Lambert, Chtef Operatmg Officer
Counctl Lady Henley suggested, as thts ts a large area, problems mtght artse from lack of enforcement
Counctl Lady Henley requested Ctty staff provtde an analysts tn August
Mayor Oberndorf advised she had received phone calls from the famdy tn Sandbridge who stated the
husband and son were attacked by surfers and beaten wtth boards
ITEM # 48415
Counctlman Man&go advtsed as of July Ftrst, the Ctty has ceasedptcktng up sheds, carpets and fences from
private residences After consulttng with the staff and recetvtng calls from ctttzens, Counctlman Man&go
tnqutred tf the Ctty mtght wish to reconstder thts actton relattve sheds and fences Wade Kyle, Admmtstrator
Waste Management, advtsed some of the major carpet supphers and tnstallers have started recychng as part
of thetr tnstallatton There are many &stressed netghborhoods Housmg and Netghborhood Preservatton
ts endeavormg to asstst residents matntatn thetr homes tn these netghborhoods The Ctty should reconstder
these shed and fence ptckups, as some of these restdents do not have cars and cannot arrange for transfer
of these ttems to a landfill
Informatton shall be comptled by Ctty staff
ITEM # 48416
Mayor Oberndorf &strtbuted to Members of Ctty Counctl, copy of her correspondence referenctng the
General Assembly actton tn the 2000 Sesston that would allow the Ctty to change Counctl electrons to
November. Mayor Oberndorf beheved thts ts an actton that should be pursued tn concert wtth the current
re&strtcttng effort Dr Marlene Hager, Voter Regtstrar, has provtded tn formation on voter turnout for May
versus November tn the last two electron cycles Whether tt ts an "ofJ°' year electron, such as 1998, or a
year that cotnctdes wtth the Prestdenttal Electron, there ts a 100 percent tncrease tn voter turnout tn
November as compared to May.
Election Registered Voters November Voting Percent Voting
May 1998 213,160 33, 714 15.8
November 1998 221,393 68,272 30.8
May 2000 232,282 62,039 26. 7
November 2000 242,891 152, 741 62. 9
The actton of the General Assembly would allow the Counctl, by or&nance, to change the date of the Counctl
electron from May to November Thts wouM also change the date of the School Board electron to November
Changtng the date of the local electron to November wtll help tmprove the parttctpatton tn our democrattc
process It represents an eastly achtevable objecttve conststent wtth "good government" Steps have already
been taken by Ctty Counctl to ease and encourage ctttzen parttctpatton, such as gotng to evenzng Ctty
Counctl meettngs, hol&ng communtty conversattons, tmprovtng communtcattons vta the Ctty Page and
Beach Magaztne, and maktng Ctty Counctl meettngs accesstble on the Internet Mayor Oberndorf wtshed
to hear comments from the Ctty Counctl Members, the League of Women Voters and other concerned
organtzattons
July 10, 2001
- 12-
ITEM # 48417
Mayor Meyera E Oberndorf called to order the INFORM,IL SESSION of the VIRGINI,,I BE,ICH CITY
COUNCIL tn the City Council Conference Room, City Hall Butldtng, on Tuesday, July 10, 2001, at 5 10
PM
Council Members Present
Ltnwood 0 Branch, III, Margaret L Eure, PVtlham PV Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce
Mayor V~tlham D Sessoms, Jr and Rosemary l/Vtlson
Councd Members Absent
None
July lO, 2OOl
- 13-
ITEM # 48418
Mayor Oberndorf entertatned a motton to permtt Ctty Councd to conduct tts CLOSED SESSION, pursuant
to Sectton 2 1-344(A), Code of Vtrgmta, as amended, for the followmg purpose
PERSONNEL MA TTERS Dtscusston, constderatton or tntervtews of
prospective can&dates for employment, asstgnment, appointment,
promotton, performance, demotton, salartes, dtsctphnmg, or
restgnatton of specific pubhc officers, appomtees, or employees
pursuant to Sectton 2 1-344 (A) (1)
To Wtt
Boards and Commtsstons
Communtty Servtces Board
Parks and Recreatton Commtsston
Performtng Arts Steertng Commtttee
Soctal Servtces Board
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 meettng
would adversely affect the bargatmngposttton or negottattng strategy
of the pubhc body pursuant to Sectton 2 1-344(A)(3)
Agrtcultural Reserve Program - two acqutstttons- Prtncess Anne Dtstrtct
31st Street ProJect and Beach Quarters Inn
Lotus Creek/Ferrell/Ntmmo Parkway rtght-of-way
Acqutsttton/Dtsposttton of Property - Lake Smtth/Lake Lawson
LEGAL MA TTERS Consultatton wtth legal counsel or brtefings by
staff members, consultants, or attorneys pertatntng to actual or
probable httgatton, or other spectfic legal matters requesttng the
provtston of legal advtce by counsel pursuant to Sectton 2 1-344(A)(7)
To-gYtt
31st Street Project and Beach Quarters Inn
People for the Ethical Treatment of Ammals (PETA) v
City of Virginia Beach,James K Spore and C Mac Rawls
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Man&go, Ctty Counctl voted to proceed
tnto CLOSED SESSION.
I/'ottng 11-0
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Wilham D Sessoms, Jr and Rosemary Wdson
Councd Members Vottng Nay
None
CounctI Members Absent
None
(Time of Closed Session: 5:16 P.M. to 6:20 P.M.)
July lo, 2OOl
-14-
FORMAL SESSION
VIRGINIA BEA CH CITY CO UNCIL
July o,
6:25 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, July 10, 2001, at 6 25 P M
Counctl Members Present
Ltnwood 0 Branch, IIL Margaret L Eure, Wtlltam W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker,
Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Absent
None
INVOCATION
Reverend Fred Devan
Grace Commumty Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Wachovta Bank, DISCLOSED there were no matters
on the agenda tn which he has a "personal interest", as defined tn the Act, etther tndtvtdually or tn hts
capactty as an officer of Wachovta Bank The Vtce Mayor regularly makes thts Disclosure as he may not
know of the Bank's tnterest tn any apphcatton that may come before Ctty Counctl Vtce Mayor Sessoms' letter
January 2, 2001, ts hereby made a part of the record
July 10, 2001
Item V-E
- 15-
CERTIFICATION OF
CLOSED SESSION
ITEM # 48419
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Councd CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc bustness matters lawfully exempted from Open Meettng
requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch
thts certificatton resolutton apphes,
AND,
Only such pubhc business matters as were identified tn the motion
convemng the Closed Session were heard, dtscussed or constdered by
Vtrgtnta Beach Ctty Counctl
Vottng 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
July lo, 2ool
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 48418, page 13, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
~uth Hodg~s Smith, MMC
City Clerk
July 10, 2001
Item V-F. 1.
-16-
MINUTES
ITEM # 48420
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Jones, Ctty Counctl APPROVED, AS
AMENDED, the Minutes of the INFORMAl, AND FORMAL SESSIONS of July 3, 2001.
The City Attorney distributed an AMENDED Ordinance. Certain
language was omitted from:
Ordtnance to amend 3~ 21-422, 21-424 thru 21-429 of the Ctty
Code re TOWING vehtcles from private property
Optton B Recommended by the Ctty Staff
(ADOPTED: July 3, 2001; EFFECTIVE: July 25, 2001)
The language, which appears in shading on Page 9 of the attached
"corrected Ordinance" was not the subject of any of the amendments and
therefore, technically remains a part of the City Code.
Vottng 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Council Members Absent
None
July lo, 2OOl
City of Virginia Be, ac_ h
LESLIE L LILLEY
CITY ATTORNEY
July 10, 2001
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9004
(757) 427-4531
FAX (757} 426-5687
TOD (757) 427-4305
The Honorable Meyera E. Obemdorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, VA 23456
Re: Towing Ordinance Correction
Dear Mayor Obemdorf and Members of Council:
As you know, the City Council adopted amendments to the City's towing ordinance at last
week's meeting. Inadvertently, however, certain language was omitted fi.om the ordinance placed
before you. That language, which appears in shading on Page 9 of the attached "Corrected
Ordinance," was not the subject of any of the amendments, and therefore technically remains a part
of the City Code.
To avoid any possibility of confusion, however, we recommend that Council adopt a motion
to amend the minutes of the July 3rd meeting to reflect the fact that the attached ordinance is the
corrected version approved by Council.
LLL/KDR:sat
Enclosures
Very truly yours,
Leslie L. L~i~~
City Attorney
Proud Recipient of the 1998 U.S. Senate Medallion of Excellence for Productivity and Quality in the Public Sector.
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CORRECTED ORDINANCE
AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
TO THE TOWING OF VEHICLES FROM PRIVATE
PROPERTY
SECTIONS AMENDED: 21-422, 21-424, 21-425, 21-
426, 21-427 AND 21-428
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA-
That Sections 21-422, 21-424, 21-425, 21-426, 21-427, 21-428,
and 21-429 of the City Code are hereby amended and reordained to
read as follows:
Sec. 21-422. Signs required on property.
(a) Each owner of private property having parking facilities
accessible to the public, and offering parking to its customers,
clientele, residents, lessees or guests, who intends to enforce
parking restrictions by the use of a tow truck service, shall post,
at each point of ingress and egress to the parking area, clearly
legible signs, visible and unobstructed day and night upon entering
the parking area, that containments the following wording and sets
forth the hours of enforcement-
PRIVATE PARKING
(name of buoineoo,
.... hotel,
condominium, .~u==l,
whichever i$ appl~u~e)
NAME OF BUSINESS
RES I DENT S / CUS TOMERS / C L I ENTELE /
LESSEES~GUESTS ONLY
TOWING ENFORCED
'~--~: .... ho f --= ......... )'
HOURS OF ENFORCEMENT
Unauthorized cars towed at owner's expense- $ day or
night. Cas~h only. Call ~ (telephone number of tow truck
service} for location and information concerning return of car
if towed.
With respect to retail establishments, this sign shall also contain
the wording "WHILE ON THE PREMISES" following the wording
"CUSTOMERS ONLY." Finally, this sign or an accompanying sign shall
indicate whether the parking area is decal-controlled and shall
contain the name and telephone number of any contracted towing
service.
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(b) The signs required by this section shall be at least
thirty-six (36) inches in width and thirty (30) inches in height.
Lettering for the top eight (5'
, line~ capitalized words shall be at
least three (3) inches in height and, for all other lines, at least
one and one-half (1 ~) inches in height. The face of the sign
shall be composed of ~hi~h· intensity an engineering qrade
reflectorized sheeting or like material. The name of the business
may be on a separate sign, but must be adjacent to the primary sign
containing the information required by this section. The provisions
of subsection (a) above shall be applicable to any parking area
located on private property including parking areas of apartment
houses, condominiums and nonprofit organizations.
(c) In addition to the provisions of subsections (a) and (b)
above, if towing is enforced twenty-four (24) hours a day, the sign
or signs required by this section shall include the wording "TOWING
ENFORCED TWENTY-FOUR (OR 24) HOURS A DAY" in letters at least
~-4-~ three (3). inches in height. In the alternative, an accompanying
s n containing this wording in letters ~ l=~t three
~ of the same height may be placed adjacent to each sign required
by subsection (a) above.
(d) Vehicles may be towed from designated fire lanes approved
by the fire department on private parking areas open to the public
on which are posted signs as required by subsection (a) above,
provided that such fire lanes are properly marked, including the
posting of above grade signs stating FIRE LANE-TOWING ENFORCED.
(e) It shall be unlawful for any tow truck service or
operator to tow or otherwise move a vehicle from any privately
owned land or property within the city, unless such land or
property is properly signed in accordance with this section.
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Sec. 21-424. Release of vehicle to owner or custodian prior to
towing.
(a) If the owner or custodian of any vehicle not authorized
to be parked in a private parking area returns after a tow truck
service has arrived but before the vehicle has been towed from the
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private parking area, he may reclaim the vehicle whether or not it
is fully hooked up to the tow truck, and it shall be unlawful for
the tow truck service or operator to refuse to release the vehicle.
However, if the vehicle has been hooked up, or is in the process of
being hooked up, the tow truck operator may charge a drop fee not
to exceed fifteen dollars (~
~.00} twenty dollars ($20.00)before
releasing the vehicle or discontinuing the towing process. The
process of hooking up shall be defined as (i) the removal and/or
unreeling of any towing equipment from the tow truck after the
truck is positioned to effect the tow, whether or not the equipment
has been attached to the vehicle, or (ii) the lowering of a
hydraulically-operated lift in preparation for loading the vehicle.
(b) If the owner or custodian is unable or refuses to pay the
fee set forth in subsection (a) above, the vehicle may be towed and
the tow truck service may charge its basic fee for the tow.
Whenever a vehicle is towed under these circumstances, the tow
truck operator shall permit the owner or custodian to remove
personal items from the vehicle prior to the tow.
(c) No tow truck operator shall request payment of the fee
set forth in subsection (a) above or tow any vehicle thereafter if
the charge is not paid unless he shall first provide to the owner
or custodian of the vehicle a copy of this section. The tow truck
operator, upon receiving such payment, shall provide to the owner
or custodian a legible receipt containing the name of the towing
service, the date, time and place of vehicle release, and the name
of the tow truck operator. A copy of the receipt shall be retained
by the tow truck service for a period of one (1) year and shall be
made available for inspection by city police or the commissioner of
the revenue during the normal business hours of the tow truck
service.
(d) Notwithstanding any provision of this section to the
contrary, if a police officer determines that a vehicle is needed
as evidence in a criminal matter, or concludes that, based upon
surrounding circumstances, the failure to release a vehicle is
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likely to result in a disturbance of the public peace and good
order, such officer may order release of the vehicle without
immediate payment by the owner or custodian thereof of the fee set
forth in subsection (a) above; provided, however, that nothing
herein shall preclude a tow truck service or operator from civilly
pursuing payment of such fee at a later date from the owner or
custodian of the vehicle, or from the owner, lessee or agent of the
parking area.
Sec. 21-425. Police to be notified of removal of vehicle.
(a) At the time of removal of any vehicle by a tow truck
service operator, or no later than thirty (30) minutes thereafter,
the police dispatcher shall be notified of such removal, specifying
the location of the storage yard to which the vehicle will be towed
and the telephone number which the owner should call to reclaim the
vehicle. The police dispatcher shall be given the license number
and state of issuance of the license and, if known, the vehicle
identification number and the make, model, and n~ year of the
vehicle towed or to be towed.
(b) If notified by the dispatcher or any law enforcement
officer that the vehicle is subject to seizure by law enforcement
authorities for evidentiary purposes, the tow truck operator or
towing service shall forthwith relinquish the vehicle to such
authorities and shall not be entitled to recover any costs or fees.
Sec. 21-426. Charges for towing and storage of vehicle; receipt
required.
(a) No tow truck service or operator operating within the
city shall, at any time, charge a basic towinq fee greater than the
fees set forth below: u~ ,,,u~= than sixty dollars ~v.vv, at any
- ~-~" ~ .... ~--~ to ~OW any
tzme, ......... ~3 ~ ,,~"~,:-~ whether or not ~ ~3 ~o
v=h~le w~th a gruos ,=~ght of fl,CO0 pounds or less. For vehicles
or uw=~=ur ma3 charge prevailing coK~,e~l rates not to
-- fifty .... ~
two hundred o,,d dolla=o
143 Gross weiqht of vehiclA Maximum fee
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11,000 pounds or less
11,001 pounds or more
$70.00 (effective Ju%y 25, 2001)
$285.00 (effective July 25, 2001~
The basic fee shall be inclusive of any additional towing services
such as the use of a dolly.
This subsection shall apply only when a vehicle is moved or towed
without the prior consent and agreement of the owner or custodian
of the vehicle.
(b) No tow truck service or operator shall assess any charges
for storage for the initial twenty-four (24) hours, nor charge more
than ten dollars ($I0.00) twelve dollars ($12.00)_ per
twenty-four-hour period thereafter, for any vehicle with a gross
weight of 11,000 pounds or less removed from private property
without the consent of the owner or custodian of the vehicle,
whether such tow originates in this city or any other jurisdiction.
For vehicles with a gross weight of more than 11,000 pounds, a
storage fee not to exceed fifteen dollars ($15.00) eiqhteen dollars
($18.00) per twenty-four-hour period may be assessed after the
first twenty-four (24) hours. Delays caused by storage yard
personnel shall not be included when computing storage charges.
(c) If any vehicle is not redeemed within seventy-two (72)
~ seven (7) days after it is towed, the tow truck service shall
be entitled to recover an additional fee, not to exceed thirty-five
dollars ($35.00) forty dollars ($40.00), as payment for the cost of
conductln~ a any search f-crt conducted to determine the registered
owner and lien holder, if any, of the vehicle.
(d) No tow truck service or operator shall charge any fee for
mileage, or any other fee in addition to the basic towing fee set
--~ ........ vehi=~e is bein9 t-~---
forth in subsection (a) above,
............... ~--=~- ~-- of the .... ~I~
(e) A monetary receipt for each and every fee collected must
be given to those persons whose vehicles have been towed by a tow
truck service, or released after hook up, upon release of the
vehicle. The information on the receipt must be clearly legible and
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include the time, date and place of the tow, the name of the tow
truck operator who made the tow, and the name of the tow truck
service for which said operator works. The receipt must also list
the amount of money paid for the release of the vehicle, any
additional charges incurred in the tow, and the reason for said
additional charges. A copy of the receipt must be retained by the
tow truck service for a period of one (1) year and shall be made
available for inspection by city police or the commissioner of the
revenue during normal business hours of the tow truck service
owner.
Sec. 21-427. Requirements for storage yard.
(a) At the storage yard of each tow truck service, there
shall be a sign prominently displayed specifying tow and storage
rates.
(b) If an attendant is not on duty twenty-four (24) hours a
day, seven (7) days ~ a week, to return vehicles upon the
payment of towing and storage charges, the sign provided for in
subsection (a) hereof shall also contain a telephone number where
the owner, manager or attendant of the tow truck service storage
yard may be reached at any time so that a towed vehicle may be
reclaimed by its owner in a minimum amount of time, not to exceed
two (2) hours.
(c) Each tow truck service storage yard shall provide
reasonable security and protection for all vehicles towed, whether
such tow originates in this city or any other jurisdiction,
including illumination of the storage area during hours of
darkness, and including a fence enclosing the storage yard if an
attendant or security guard is not on duty twenty-four (24) hours
a day, seven (7) days a week.
(d) During the hours of darkness, the operator shall provide
an area sufficiently illuminated to enable an owner to inspect a
vehicle prior to removing it from the storage yard.
(e) It shall be unlawful to operate any tow truck service
storage yard or to deposit, impound or store any towed vehicle
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therein, unless said yard is in full compliance with the sign,
security and lighting requirements of this section and with all
applicable zoning regulations, licensing requirements and use
permits, established by this Code.
Sec. 21-428. Tow truck service operator's log.
Tow trucks service operators shall keep a log of all vehicles
towed, -~--~--
in~uu~, within thirty (30) minutes of vehicle hook ~p,
complete a record of the make, model, year and vehicle
identification number, if known, of the vehicle, its license number
and state of issuance, the time, date and place of removal, the
name of the tow truck operator who made the tow and, for each entry
of tow, the signature of the owner of the private lot, or his
representative, requesting and authorizing the tow shall be
required. A letter of authorization from the owner of the private
lot or his representative, when carried in the tow truck making the
tow, shall be sufficient to meet this latter requirement. Such {~g
record shall be retained by the tow truck service for not less than
one year, and shall be available for inspection by city police
during normal business hours of the tow truck service owner,
including any time that a vehicle is being impounded or reclaimed.
Failure to keep and retain such a ~ record, or omitting to make
a true and complete entry for each vehicle towed, or failure to
surrender such ~c~ record to any police officer upon request shall
be unlawful.
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Sec. 21-429.
Miscellaneous prohibited acts by tow truck service
or operator.
Except when acting as an agent in the legal repossession of a
vehicle, it shall be unlawful for any tow truck service or operator
to:
(1) Tow or otherwise move a vehicle from any area or portion
of a public street without either the consent of the
owner or custodian of the vehicle or authorization from
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a police officer or other designated official of the
city.
(2) Block the movement of or tow or otherwise move a vehicle
from any private road, driveway or any other privately
owned land or property within the city without the
consent of the owner or custodian thereof, unless:
(i) The vehicle is parked in a designated parking space
of a decal-controlled parking area and is not
displaying a decal or other form of authorization
issued by the owner, lessee or agent of such
parking area;
(ii) The vehicle is parked in a designated parking space
of a non-decal-controlled parking area during any
period when the business(es) serviced by the
parking is (are) open, and the tow truck operator
obtains the written consent of the owner, lessee or
agent of such parking area prior to towing the
vehicle; or
(iii) The vehicle is parked in a non-decal-controlled
parking area during any period when the
business(es) serviced by the parking area is (are)
closed, and towing is enforced twenty four (24)
hours a day by such business(es); or
(iv) The vehicle is parked on any portion of a parking
area in such manner as to block ingress or egress
to the parking area, or to block access to a
dumpster or properly marked service or delivery
area, or is otherwise parked in a portion of the
parking area that is not specifically designated,
by lines, curbs or similar markings, as an area for
the parking of vehicles.
No vehicle shall be towed pursuant to subsections
(i) (ii), (iii), or (iv) unless there is a written
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contract between the tow truck service and the
owner, lessee or agent of the parking area to
remove all unauthorized vehicles from the parking
area, the tow truck operator has a copy of such
contract in his or her possession, and the owner,
lessee or agent has complied with all of the
signage requirements set forth in section 21-422.
(3) Tow~or otherwise move ~a vehicle from any private road or
d~i~~y~~~~y.~:o~he~.~,~p~iv~t~ly, owned land or
Ve~$~l~i.~)~S~9~Q~ded~[~nl, the :,pot~ca~?diSpatcher ! s ~1o9, any
such,~v~hicle~may.be~,moved to~a'~storage area outside the
C$~,~%[:ff[~l" ~ '$h,', .~.p~io~otification.'h~o. . . and approval of the
(4) Block any vehicle, other than when on the property of the
tow truck service, to prevent the movement thereof by its
owner or custodian who has appeared prior to the vehicle
being hooked up and desires to move the vehicle.
(5) Wait for employment by standing or parking on public
property.
(6) Drive a tow truck or wrecker along any street to solicit
towing.
(7) Tow or otherwise move a vehicle from any place in the
city utilizing a wrecker or tow truck which is not
insured as required by section 18-55.1 of this Code.
(8) Provide false information to any police dispatcher
concerning any vehicle towed.
(9) Require the owner of any towed vehicle to wait for a
period exceeding two (2) hours for release of a vehicle.
Any delay over two (2) hours caused by failure to monitor
or respond to calls placed to the operator's designated
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telephone number shall constitute a violation of this
section.
(10) Move any vehicle to any intermediate place of storage, or
to any location other than to the registered secure
storage yard of a tow truck service, unless specifically
requested by the owner or custodian of said vehicle.
(11) Upon request by any owner or custodian of a currently
licensed vehicle, deny or prevent access to said vehicle
for the purpose of removing personal items, whether or
not the owner or custodian is then able to reclaim the
vehicle.
(12) Assess any charge or fee in excess of, or in addition to,
the charges and fees authorized by this division.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 3rd day of July, 2001.
This ordinance shall become effective on July 25, 2001.
CA-7980
DATA/ODIN/PROPOSED/21-422etseqordrev.wpd
R2
PREPARED' June 28, 2001
10
-17-
Item V-G. 1.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM ii 48421
BY CONSENSUS, Ctty Councd ADOPTED:
AGENDA FOR THE FORMAL SESSION
July 1 O, 2001
Item V-H.
ORDINANCES
- 18-
ITEM # 48422
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl APPROVED IN
ONE MOTION, Ordinances 2, 5, and 6 of the CONSENT AGENDA.
Voting 11-0 (By Consen0
Councd Members Vottng Aye
Ltnwood 0 Branch, IIL Margaret L Eure, Wdham W Harrtson, dr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, ,Ir, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and Rosemary Wdson
Councd Members Vottng Nay
None
Councd Members Absent
None
July lo, 2ool
Item V-H. 1.
- 19-
ORDINANCE/RES OL UTION
ITEM #48423
The followtng regtstered tn OPPOSITION:
Sandy Ltnkous, 5225 South Lake Road 23455, Phone 464-1947, Prestdent- Ctttzens Action Coahtton,
Robert O'Connor, 204 52na Street, 23451, Phone 428-0902
Barbara Messner, Post Office Box 514, 23451, Phone 422-1902, Frtends of 31s' Street Park
Maurtce Jackson, 1125 Dttchley Road, Phone 428-1470
Nancy Burrows, 1009 Shtnquaptn Lane #202, Phone 491-8298
A MOTION was made by Council Lady McClanan, seconded by Counctl Lady Parker, to DEFER the
Ordtnance re documents to AMEND and enhance the 31~ Street project tn conformtty wtth a Term Sheet
approved by Ctty Councd Aprd 24, 2001 Thts DEFERRAL wtll enable adhering to City Counctl's approved
procedure (Adverttstng/Presentatton, Pubhc Heartng and Vote)
Upon SUBSTITUTE MOTION by Counctlman Harrtson, seconded by Vtce Mayor Sessotns, Ctty Counctl
ADOPTED
Ordtnance re documents to AMEND and enhance the 31~ Streetproject tn
conformity wtth a Term Sheet approved by City Council April 24, 200I
Vottng 6-4
Counctl Members Vottng Ave
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Robert C Man&go, Jr, Mayor Meyera E Oberndorf and Vtce Mayor
Wdham D Sessoms, Jr
Counctl Members Vottng Nay
Barbara M Henley, Louts R Jones, Reba S McClanan and Nancy K
Parker
Counctl Members Abstatntng
Rosemary Wtlson
Counctl Members Absent
None
Council Lady Wtlson verbally DISCLOSED and ABSTAINED as her husband ts a prtnctpal tn the
accounttng firm of Goodman and Company and earns compensatton whtch exceeds' $10,000 O0 annually
Goodman and Company has provtded accounttng and tax servtces related to the proposal before Ctty
Counctl The Ctty Attorney has advtsed that she ts requtred to dtsclose any personal tnterest as tt meets the
crtterta of a personal tnterest tn the transactton under the Confltct of Interests Act and ts dtsquahfied from
parttctpattng tn this transaction Councd Lady Wdson's letter of April 24, 2001, ts hereby made a part of
the record
July lO, 2OOl
AN ORDINANCE TO APPROVE DOCUMENTS
TO AMEND AND ENHANCE THE 31sT STREET
PROJECT IN CONFORMITY WITH A TERM
SHEET APPROVED BY CITY COUNCIL ON
APRIL 24, 2001
WHEREAS, on behalf' of the City of Virginia Beach (the "City") and the City of
? Virginia Beach Development Authority (the "Authority"), the City Manager and City staff have
8 engaged in extensive negotiations with representatives of Thirty-First Street, L.C. (the "Developer")
10
regarding the development of a four-star, full-service hotel, a pubhc park and a public parking garage
on real property owned by the Authority located at the block surrounded by 30th Street, Atlantic
13.
3.2
Avenue, 31 st Street and Pacific Avenue and real property owned by the Authority located at the block
east of Atlantic Avenue on the Virginia Beach oceanfront between 30th Street and 31 st Street known
13 as "The 31st Street ProJect" (the "Project");
3.4
WHEREAS, the Project is a pubhc/pnvate investment partnership between the
3.5 Authority and the Developer for the development of the Project;
16
WHEREAS, by Ordinance No. ORD-99-2557A adopted July 13, 1999 (the
3.7 "Ordinance"), the City Council approved development documents for the Project, including a
Development Agreement dated as of August 5, 1999, as amended, and an Escrow Agreement dated
as of August 5, 1999 as amended (collectively the "ProJect Documents"), and authorized the City
2 0 Manager to execute the Project Documents;
23.
WHEREAS, by Resolution adopted July 20, 1999, the Authority approved the Project
2 2 Documents and thereafter executed the same,
23
WHEREAS, subsequent to the execution of the ProJect Documents, the parties
2 4 ~dentlfied certain necessary and desirable modifications to the Project which will enhance the Project
2 5 and the benefits to the public to inure therefrom;
26
WHEREAS, the proposed modifications were set forth and described in a preliminary
2 7 terms letter dated March 29, 2001 as revised on April 24, 2001, from the City Manager and
2 $ acknowledged by the Developer (the "Preliminary Terms Letter");
29
WHEREAS, by Resolution adopted April 24, 2001, the City Council approved, in
3 0 concept, the proposed modifications and enhancements set forth in the Preliminary Terms Letter and
3 3. requested the Authority to approve such modfficat~ons and enhancements and further &rected the
32 City Manager to return the final documents to effectuate such modfficatlons and enhancements to
3 3 C~ty Council for approval and for authorization for the City Manager to execute same.
34
WHEREAS, by Resolution adopted May 10, 2001, the Authority approved,
3 5 concept, the proposed modifications and enhancements set forth in the Preliminary Terms Letter and
authorized its Chairman to execute and dehver all final new or amendatory documents and
3 7 agreements as the City Council authorizes and as the Chairman, the City Manager and the City
38 Attorney may consider necessary or desirable so that the Project, as modified, may proceed, provided
39 such documents are in accordance w~th the modifications to the Project described in the Prehmlnary
4 0 Terms Letter.
41
WHEREAS, as directed by the City Councils' April 24, 2001 Resolution, the City
42 Manager has presented to the City Council final new and amendatory project documents including
4 3 the following: Amended and Restated Development Agreement By and among Thirty-First Street,
44 L C. and City of Virginia Beach Development Authority and the City of Vlrgima Beach, Rules of
45 Usage and Definitions Relating To The Transaction Documents, Agreement of Purchase and Sale
46 [BQI contract] and Agreement of Purchase and Sale [Oceanfront Land Contract], Deed of Lease
47 between City of Vlrglma Beach Development Authority, as Landlord and Thirty-First Street, L.C.,
48 as Tenant (Lease of oceanfront land and parking spaces), Deed of Parking Lease (Lease of Parking
4 9 Spaces only - to be used only if there is a sale of the oceanfront land) (collectively the "Amended
5 0 Documents").
51
52
WHEREAS, the C~ty Council is of the opinion that the modifications to the Project
which are set forth in the Amended D~cuments will be beneficial to the public and to the Project.
53
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
54 VIRGINIA BEACH, VIRGINIA:
55
1. The City Council approves the Amended Documents in form substantially as
5 6 presented.
57
2. The City Council further finds that the Project will be beneficial to the public
5 8 interest in that the ProJect furthers legitimate public purpose goals and generates public benefits
5 9 which include, without limitation'
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The generation of sigmficant tax revenues, including the return of currently
tax exempt real estate to the City tax rolls
62 · Provision of additional and ~mproved public parking at the resort oceanfront.
63
· The implementation of recommended comprehensive plan features.
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The construction of a high quality hotel and retail at the resort oceanfront
which may stimulate further private investment.
66
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The construction of the largest pubhc park on the resort oceanfront, with day
to day maintenance responsibility assumed by the developer.
68
· The preservation of an ocean wsta and creation of a gateway to the resort area.
69
· The construction of two (2) public entertainment venues.
70
· Provides for a $40 milhon private sector investment.
71
· The provision of new and expanded pubhc restrooms at the oceanfront
72
· A catalyst for further development of 30th and 3 l't Street corridors.
73
· The creation of new job opportun,ties.
74
· The realization ofa s~gmficant return on the public's ~nvestment.
75
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Provides an ~mportant hnk to the potential for redevelopment of the Rudee
Loop area by providing for the City's acquisition of the Beach Quarter's Inn
property ("B Q I).
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8O
Will generate additional City revenues that may be used to provide needed
pubhc services ~nclud~ng, w~thout limitation, education, public safety and
somal services.
81
3. The City Manager is authorized to execute on behalf of the City of Virgima
82 Beach the Amended Documents in form substantially as attached hereto, together with such changes
83 or modifications ofa m~nor nature which do not alter the description of the Project as set forth in the
8 4 Prehminary Terms Letter.
85
4. The City Manager is further authorized to execute on behalf of the City of
86 V~rg~n,a Beach such other documents as may be necessary and appropriate to pursue completion of
87 the Project and the other transactions described in the Amended Documents.
88
5. In accordance with the Authonty's May 10, 2001 authorization, the Chmrman
8 9 of the Authority is requested to execute on behalf of the Authority the Amended Documents in form
90 substantially as attached hereto, together w~th such other documents as may be necessary and
91 appropriate to pursue completion of the Project and the other transactions described in the Amended
92 Documents.
93
Adopted by the Councd of the C~ty of Virg~ma Beach, V~rg~nia, on the 10t;h day of
94 July ,2001.
CA-8134
ORDIN~NONCODE\CA8134.ORD
7/5/01
R1
APPROVED AS TO CONTENT AND LEGAL
SUFFICIENCY_.' ~.~
C~ty ~mey's Office
Item V-H.2.
ORDINANCES
- 20 -
ITEM #48424
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl ADOPTED:
Ordtnance re amendment to the lease between the Ctty and the Back Bay
Wtldfowl Gutld for the use of the deWitt Cottage re subleasmg the patto
area to a restaurant owner and operatmg a beverage cart wtth assoctated
seattng
Vottng 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, IIL Margaret L Eure, Wtlham W Harrison, dr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, ,Ir, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, ,Ir and Rosemary Wtlson
Counctl Members Vottng Nay
None
Council Members Absent
None
July lo, 2ooi
AN ORDINANCE TO APPROVE AN
AMENDMENT TO THE LEASE BETWEEN THE
CITY AND THE BACK BAY WILDFOWL GUILD
FOR THE USE OF THE DEWITT COTTAGE
PROPERTY PERTAINING TO SUBLEASING
WHEREAS, the City of Virginia Beach ("City") acquired title to the deWltt Cottage
7 property (the Property") by deed from the V~rgima Beach Foundation on October 24, 1995, a copy
8 of which is attached as Exhibit A,
WHEREAS, the Property was leased to the Back Bay Wildfowl Guild (the "Guild")
10 for a period of five years commencing on the date that ownership of the Property was conveyed to
11 the City and the Guild was prepared to assume occupancy of the Property;
12
WHEREAS, the lease was recently renewed pursuant to Ordinance Number 2614B
13 adopted by City Council on October 10, 2000,
14
WHEREAS, the Guild desires to sublease the patio area of the Property to a restaurant
15 operator for the purpose of operating a beverage cart and seating area for patrons, with the revenues
16 arising from the sublease to be expended by the Guild for the benefit of the museum at the deWltt
17 cottage and has negotiated a proposed sublease w~th a potential restaurant operator;
18
WHEREAS, the Guild has negotiated a proposed sublease of the patios area of the
19 Leased Premises with Starbucks Coffee Company for the operation of a beverage cart and associated
20 seating for the concession patrons;
21
WHEREAS, the current lease between the City and the Guild dated October 18, 2000
22 does not allow for the sublease of all or any portion of the Property,
23
WHEREAS, the Guild has obtained the written permission of the V~rglma Beach
24 Foundation to place a beverage cart and associated seating in accordance with the deed between the
25 deWitt sisters and the Virginia Beach Foundation, and a copy of the written approval of the Vlrgima
26 Beach Foundation is attached hereto as Exhibit B;
27
Whereas, the City's Department of Museums has determined that 0) it is in the best
28 interest of the Guild, the City, its citizens and its visitors that the Guild be allowed to sublease the
29 patio area for a beverage cart; (li) the revenues arising from the sublease will benefit the exhibits and
30 programs offered at the museum; and (iii) the operation of a beverage cart and the associated seating
31 area ~n the patio area of the Property ~s consistent with the commercial act~wties contemplated ~n the
32 deed of the deW~tt sisters to the Virginia Beach Foundation.
33
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
34 VIRGINIA BEACH, VIRGINIA:
35
That the Amendment to the Lease between the C~ty and the Back Bay Wddfowl Gmld
36 for use of the deW~tt Cottage Property allowing for the sublease of the patio area of the Property by
37 the Guild to a restaurant operator for the purpose of operating a beverage cart and associated seating
38 area ~n Paragraph 14 of the Lease, is hereby approved, and the City Manager or h~s designee ~s
39 hereby authorized to execute such Amendment ~n the form substant~ally attached hereto w~th the
40 terms of the sublease to be in accordance w~th the Summary of Terms attached hereto and w~th such
41 other terms and conditions as are acceptable to the C~ty and approved by the C~ty Attorney, to-w~t'
42
1. A rewsed S~te Plan for the proposed beverage cart shall be submitted to the
43
Zomng Admlmstrator for her approval to ensure the use of the beverage cart
44
is accessory to the museum, rather than a principal use
45
Adopted by the Councd of the C~ty of V~rg~ma Beach, V~rg~ma, on the 10th day of
46 July ,2001.
47 CA-8133
48 F \Users\VValldej\WP\BZA\dew~ttlse ord wpd
49 R-1
50 8/21/00
51
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54
APPROVED AS TO CONTENT
~t
Department of Museums 8~ultural Arts
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APPROVED AS TO LEGAL
SUFFICIENCY'
Department of Law ~
AMENI)MENT TO THE LEASE
BETWEEN THE CITY OF VIRGINIA BEACH
AND TIlE BACK BAY WILDFOWL GUILD
FOR TIlE ATLANTIC WILDFOWL IIERITAGE MUSEUM
AT TIlE DEWITT COTTAGE
THIS AMENDMENq' TO THE LEASE FOR TI IE ATLANTIC WILDFOWL t IERITAGE
MUSEUM AT TItE DEWITT COTTAGE Is made tins __ day of , :2001, by and
between the CITY OF VI RGINIA BEACH, Virginia, a municipal corporation of the Commonwealth
of Vn'gmia ("Virginia Beach") and the BACK BAY WILDFOWL GUILD, a Virginia non-stock, non-
profit corporation ( the "Guild"), and amends that Lease dated October 18, 2000 by and between
Virginia Beach and the Guild for the operation and management of a wildfowl museum and related
services on the premises of the deWitt Cottage located m the City of Vii gmia Beach
W IT N ES S ET i!:
T! IAT FOR AND IN CONSIDEIL~q ION of the sum of One Dollar ($1 00) and other good
and valuable consideration, the receipt and sufficiency of which is hereby ackmowledged, the parties
hereto amend the Lease as follows
I Paragraph 14 of the Lease governing assignment and subletting shall be amended as
follows
The Guild shall not assign fins Lease in whole or m part. The Guild may sublease the
patio area of the Leased Premises with a private restaurant operator (the "Operator")for the purposes
ofoperatmg a beverage cart and a seating area on the patio for the patron of the beverage concession,
with all revenues arising from the sublease being expended by the Gmld for the benefit of the Atlantic
Wildfowl lte~ itage Museum at the deWitt cottage. The sublease shall contain the terms set forth in
Exhibit A attached hereto and such other terms as the Gmld and the Operator shall agree, provided
same do not conflict with or negate the prowsions ofthis Lease. The City expressly reserves herein
all rights of the City set forth in the provisions of the sublease contained in Exlfibit A Except as
otherwise set lbrth herein, the Gmld may not sublease all or any part of the Leased Premises This
shall not prohibit the Guild fi'om conducting special events, receptions, meeungs for which It receives
fees or other consideration as long as such events are conducted in general accord with the terms and
condaions stated m this [,ease.
2 In all other respects the Lease shall remain in full force and effect
WITNESS the following signatmes'
CITY OF VIRGINIA BEACIt
(SEAL)
ATTEST
By
City Manager/Authorized Designee
of the City Manager
Ruth }lodges Smith
City Clerk
BACK BAY WILDFOWL GUILD
By
J Fletcher Bryant, Jr,
Authorized Representative
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit
The foregoing instrument was acknowledged before me this day of
,2001 ,by , City Manager/Authorized
City Manager of the City of Virginia Beach, Virginia, on its behalf.
My Cmmnission expires
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACII, to-wit'
The foregoing instrmnent was acknowledged before me tiffs day of
,2001, by Ruth Ilodges Slnith, City Clerk of the City of Virgima Beach,
Virginia, on its behalf
My Commission expires
Notary Public
STATE OF VIRGINIA
CITY OF , to-w~t
]he foregoing ~nstrument was acknowledged before me tlus day of
,2001, by J. Fletcher Bryant, Authorized Representative of the Back Bay
Wildfowl Guild, on ~ts behalf
My ConlmlSslon expires
Notary Pubhc
APPROVED AS TO
LEGAL SUFFICIENCY
l.aw Depamnent ~]
APPROVED AS TO CONTENT
Dept of Museu'ms and Cultural Arts
C \WINDOWS\i I'MPXdewfltlse ,mid wpd
SUMMARY OF TERMS
PROPOSED SUB-LEASE FOR THE PATIO AREA OF THE DEWITT COTTAGE
LESSOR:
Back Bay Wildfowl Guild.
LESSEE:
Starbucks Corporation.
TERM:
Five summer seasons commencing on date of possession in 2001 and ending
Labor Day, September, 2005.
RENT:
Summer Season
2001
2002
2003
2004
2005
Rent Rate
$18,000.00/season
$18,540.00/season
$19,096.20/season
$19,669.09/season
$20,259.16/season
Rent shall be prorated on a per diem basis based on 128 days in each season
for any partial month in which the Commencement date occurs.
RIGHTS AND RESPONSIBILITIES
OF STARBUCKS:
Will use the patio area of the deWitt Cottage for the operation ora beverage cart and
associated seating for concession patrons.
Will provide commercial liability insurance in the coverage amount required by the
City's Risk Management Division. All policies of insurance shall name the Guild and
the City as additional insureds
At its own expense, will maintain the premises to be subleased in a neat, clean and
sanitary condition, and shall permit not waste, damage or ~njury to the premises.
Will ~ndemnlfy and hold harmless the Guild and the C~ty for all claims, actions,
and/or judgments for damages to property or injury to persons arising out of the
negligence or intentional acts or omissions of Lessee or 1ts employees or agents.
Will not perform major repairs or make any alterations or improvements without the
written consent of the City.
· All signage wall comply w~th deed restrictions and the City's zomng ordinance.
RIGHTS AND RESPONSIBILITIES
OF GUILD:
Will provide a storage area for Lessee's supplies, which storage has been approved
by the Virginia Beach Foundation.
At its expense, will install water and electrical service ~n the premises and supply
electrical and water services to Lessee.
TERMINATION: The Guild may terminate if Lessee fails to cure a default within 30 days after
receipt of written notice of default, unless an extended cure period is agreed to.
SPECIAL TERM: Nothing in this sublease shall be construed, be deemed to be or purport to be a
waiver of the sovereign immunity of the City of Virginia Beach, limit the powers and
authority of the City o fVlrglma Beach or limit or modify the authority of the Virginia Beach
Foundation as set forth in the deed from the deWitt sisters to the Virginia beach Foundations
dated October, 1, 1990, and duly recorded in the Office of the Clerk of the Circuit Court of
the City of Vlrglma Beach in Deed Book 2945, at page 1305
F \Users\VValldej\WP~BZA\dewittamd sum wpd
O.O3
692
81 3555P6 1 3t! 7
EXHIBIT "A"
EXEMPTED FROM RECORD&TI ON
TAXES UNDER SECTIONS
58.1-811(a)(3),
58.1-811(c)(4), & 25-249
THIS DEED, Made this 28th day of September, 1995, by
and between THE VIRGINIA BEACH FOUNDATION, a Virginia nonstock
corporation, "Grantor," party of the first part, and the CITY OF
~IRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia, "Grantee," party of the second part.
W I T N E S S E T H:
That for and in consideration of the sum of Ten Dollars
($10.00) cash in hand paid, and other good and valuable
considerations, the receipt of which is hereby acknowledged, the
said Grantor does hereby sell, assign, transfer, grant and convey
with GENERAL WARPANTY and ENGLISH COVENANTS OF TITLE, unto the
said City of Virginia Beach, Grantee, the following described
property, to wit:
All those certain lots or pieces of land
with the buildings thereon, in the City of
Virginia Beach, Virginia, known, numbered
and designated upon a plat of the Virginia
Beach property which is attached to and
made a part of a deed to Robert M. Hughes
from the Norfolk and Vlrgiaia Beach
Railroad Company, dated July 21, 1887, and
duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia
Beach, Virginia, as lots numbers one (1)
and two (2) in Block eleven 911) also
known as Square (11), which lots are
bounded and described as follows:
Beginning at the Southeastern intersection
of Twelfth Street and Atlantic Avenue and
running South along the East side of said
Atlantic Avenue one hundred and five (105)
feet, thence Eastwardly at right angles
with Atlantic Avenue one hundred and fifty
GPIN: 2427-25-5317; 2427-25-5322
8 3555P6 I 3h,¢,
(150) feet; thence northerly parallel with
Atlantic Avenue one hundred and five (105)
feet to Twelfth Street, thence Westwardly
along the Southern side of Twelfth Street
one hundred and fifty (150) feet to the
point of beginning.
It being a part of the same property
conveyed to Grantor by deed of the de Witt
Sisters dated October 1, 1990, and
recorded in the Clerk's Office of the
Circuit Court of the City of Virginia
Beach, Virginia, in Deed Book 2945, at
page 1305.
This conveyance is made subject to any covenants,
conditions, restrictions and easements in the chain of title
constituting constructive notice.
This conveyance is expressly subject to the
restrictions and agreements placed upon the above property by the
deed from the de Witt Sisters to the Virginia Beach Foundation
dated October 1, 1990, and recorded as shown above.
The terms, conditions and provisions contained in the
de Witt Cottage Agreement relating to a successful challenge of
the use of the de Witt Cottage property for charitable and
governmental activities by the City or the Foundation ar
incorporated herein by reference.
IN %;ITNESS WHEREOF, The Virginia Beach Foundation, a
Virginia nonstock corporation, has caused these presents to be
signed on its behalf by ~ts President, as of the day and year
first above written.
WITNESS the following signatures and seals:
STATE OF VIRGINIA
THE VIRGINIA BEACH FOUNDATION,
a Vi~ock corporation
Thomas R. /~anEz, President
My Commission Expires:
CITY OF VIRGINIA BEACH, to-wit:
I, Julia C. Krumpelman, a Notary Public in and for
the city and State aforesaid, do hereby certify that Thomas R.
Frantz, President of The Virginia Beach Foundation, a Virginia
non-stock corporation, whose name is signed to the foregoing
writing, bearing date the 24th day of October, 1995, has
subscribed and sworn the foregoing instrument before me in my
city and State aforesaid.
Given under my hand this c~r~day of ~~.~ , 1995.
Notary/~ub 1 i~
//-3o
Board off D~re~w'~
· John M Badho
('fl(nrman
· Rolxrt (' (k,~,dm,m, Jr
. Robin D R,W
l~r~t Vice Chm~t,er~on
· Dtnm~ R Dean~
· Margaret (, (~ampbtll
.~CC rCIiI~
· L&~ard
~J.mc P B,,~en
E Dean Bio&
~ Ldw~rd E Bm~ell
Thoma~
Verm C BurlaR~,Jr
Namv L ( I~rk
Jam~ A
· 14nm (~ Farrell
Th~,n~a~ R
I) B~rt F~e, Jr
Joseph B (ioldm,m
I.hn F I{arr~
/rnt~t M I_tndman
Har~ T
Tlu,mau J l.yon% Jr
GaWl) MtMah,m
f John F Malb, m
A C Mdltr
· Robert ( Mdltr
I)mne S
f Frctk mk J Napoht,mo
R,chard E Ohvscn
~ ~lrn L P&~' Jr, M D
G Brock Potter, Jr
lane M Purnnm, m
MM~ncl P Rn4~kmd
Pluhp W RM~ard~on
Thoma~ E
Rod
· Wdham F Roumrcc, Jr
Ldmund C Ruffin
Phylh~ Shook
Crm~ L Shn~ltfft
bl~ ard Smder
~ Ul~c~ Van SI,wa
· Robert M ~tanton
· RoN rt l_ Stcm
t R Dawmn Taylor
John R Turbyhll
Pmtdln E Trmdcr
Rohert tt Vako~
Dr Paul Wnlker, M D
Lucent Waltcr~
Al~xt T "Skip" Wdkm% Jr
Rt,btrt ( U(,othnan
II~rwB Pine, Jr
~ l-h~trdmt~on
VIRGINIA
BEACH
FOUNDATION
EXHIBIT "B"
May 17, 2001
Mr Tom Beatty
Executive Director
Atlantic Wildfowl Heritage Museum
1113 Atlantic Avenue
Vlrgima Beach, VA 23451
Re Dept of Museums & Cultural Arts, Cfly of Vlrg~nla Beach,
Letter, dtd May 16, 2001 Subject Sublease Proposal
Dear Tom
The Vlrgima Beach Foundation conveyed the deed to the DeWltt
Cottage to the City of Virg,ma Beach on September 28, 1995 (copy
attached)
The cited letter requests that the Foundation approve plans for
a Starbucks Concession to be located on the site of the Museum
Specifically, the letter asks that approval be given for a) the concept of
sub-leasing, b) a storage facility to be located on the site, and c) the
posmomng of a kiosk on the property.
The Foundation does not interpose any objections to the contents of
the basic letter
The Foundation wishes to commend the Museum's leadership
for thmr d~rection, enthusiasm and dedication to fulfill~ng the
project's original intent
S,ncerely, ..</. ~
Ted Clarqr~~
Executive Director
cc(less enc). C Mac Rawls, Director, Dept of Museums & Cultural Arts
Robert C Goodman, Jr, Chairman
PO Box 462'0 · V,r~,n,a Beach, VA 23454 · (757) 422 5249 · Gx (757) 422 1849
Item V-H. 3.
ORDINANCES
- 21 -
ITEM #48425
Attorney Ertc Hauser, Ftrm of Wtlhams, Mtller, Clark, and Dob&ns, Phone 437-5358, represented the
apphcant
The followmg regtstered tn OPPOSITION:
Rtchard Kramer, 512 Croatan Rod, Phon 718-6114
W S Shelhorse, 536 Southstde Road, Phone 468-4600
Upon motton by Counctlman Branch, seconded by Councdman Jones, Ctty Counctl DEFERRED 30DA YS
TO CITY COUNCIL MEETING OF AUGUST 14, 2001:
Or&nance to authortze encroachments tnto a portton of Lake Wesley at
505 Kerry Lane (Croatan) by WA YNE C. and THERESA B. SA WYER re
rtp rap/gangway/floattng dock (DISTRICT 6- BEA CH) (Deferred 6/26/01)
Vottng 10-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Vice Mayor Wdham D Sessoms, Jr
July 10, 2001
- 22 -
Item V-H. 4.
ORDINANCES
ITEM #48426
Attorney R E Bourdon, advtsed hts chent dtd acqutre, at their cost, the small amount of rtght-of-way
necessary to tmprove the extsttng curb to meet the mmtmum ctty standards for a restdenttal street,
Seaboard Road
Upon motton by Councd Lady Henley, seconded by Vice Mayor Sessoms, Ctty Councd ADOPTED
Ordtnances re construction and tntersectton tmprovements of Seaboard
Road (DISTRICT 7- PRINCESS ANNE) City Staff to move ahead with
interim road improvements
Transfer $38, 715 from Traffic Safety Improvements Phase II,
and $144,000 from London Bridge Road Extended re City's
share of a cost participation agreement and right-of-way
acquisition.
Acquisition of property tn fee stmple for the rtght-of-way and
temporary and permanent easements, etther by agreement or
condemnatton
C. Authorize the Ctty Manager to execute a Cost Participation
Agreement between the Ctty and PA W, L.L.C.
Councd Lady Henley referenced apphcatton of BECO BUILDING ASSOCIATES for a Subdtvtston
Vartance and Condtttonal Change of Zomng "Princess Anne Woods" (APPROVED: August 10, 1999)
The netghborhood was under the tmpresston the bad curve at the entrance of Seaboard Road would be
tmproved prtor to the buddtng of the houses This has not occurred
Vottng 11-0
Counctl Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and Rosemary Wdson
Counctl Members Vottng Nay
None
Councd Members Absent
None
July 10, 2001
AN ORDINANCE TO TRANSFER $38,715 FROM CAPITAL
PROJECT #2-285, TRAFFIC SAFETY IMPROVEMENTS
PHASE II, AND $144,000 FROM CAPITAL PROJECT
#2-132,LONDON BRIDGE ROAD EXTENDED, TO CAPITAL
PROJECT #2-107, SEABOARD ROAD, TO FUND THE
CITY'S SHARE OF A COST PARTICIPATION AGREEMENT
AND RIGHT OF WAY ACQUISITIONS
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WHEREAS, as part of Capital Project #2-107, Seaboard
Road, improvements are currently planned to Seaboard Road from
Princess Anne Road to Nimmo Parkway, but construction of the
Princess Anne Woods subdivision offers an opportunity, through a
cost participation agreement with the developer, to improve this
roadway sooner.
WHEREAS, $38,715 will be needed for the City's share of
the cost participation agreement, and $144,000 is estimated to be
needed for right of way acquisitions required for these
improvements; and
WHEREAS, sufficient funds from existing roadway capital
projects are available to be transferred to the Seaboard Road
project for these purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That $38,715 is hereby transferred from Capital
Project #2-285, Traffic Safety Improvements Phase II, to Capital
Project #2-107, Seaboard Road, for the City's share of the cost
participation agreement to realign a portion of Seaboard Road.
2. That $144,000 is hereby transferred from completed
Capital Project #2-132, London Bridge Road Extended, to Capital
Project #2-107, Seaboard Road, to permit right of way acquisitions
for the new road alignment.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the __l~hday of July , 2001.
CA-8199
noncode/seaboardrdord.wpd
RI - June 28, 2001
Approved as to Content: , nagement Services
Approved as to Legal Sufficiency:~/~~'~ ~~
/~i , City Attorney
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AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY
IN FEE SIMPLE FOR RIGHT OF WAY FOR
SEABOARD ROAD/PRINCESS ANNE ROAD INTERSECTION
IMPROVEMENTS (CIP 2-213)
AND TEMPORARY AND PERMANENT
EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION
WHEREAS, in the opimon of the Council of the City of V~rginia Beach, Virginia, a public
necessity exists for the construction of this ~mportant roadway proj eot and ~ntersection improvements
to provide transportation and for other pubhc purposes for the preservation of the safety, health,
peace, good order, comfort, convemence, and for the welfare of the people in the City of Vlrgima
Beach,
WHEREAS, an opportunity to provide needed safety improvements in the ultimate Seaboard
Road alignment in advance of a scheduled CIP project exists through a cost participation agreement
with a nearby developer, and
WHEREAS, in order to construct the improvements on the new alignment, the City must
acquire the new right-of-way:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Council authorizes the acquisition, by purchase or
condemnation, pursuant to Sections 15.2-1901, et seq., Code of Virginia of 1950, as amended, of all
that certain real property in fee simple, ~ncluding temporary and permanent easements, right-of-way
and uneconomic remnants ofpartial acquisitions (GPIN #'s 2404-53-4721,2404-53-4504, 2404-53-
5520, 2404-53-5675, and/or 2404-53-7526) (collectively the "Property") as shown on the drawing
attached hereto and made a part hereof, entitled "SEABOARD ROAD PROPOSED
REALIGNMENT," dated August 2000, and m the plans for the project entitled "CIP 2- 213" (the
"Project"), and more specifically described on the acquisition plats for the Project (collectively the
"Plans"), the Plans to be on file in the Engineering D~vis~on, Department of Public Works, City of
Vlrglma Beach, Virg~ma.
Section 2. That the City Manager is hereby authorized to make or cause to be made on
behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the
owners or persons hawng an interest in the Property. If refused, the City Attorney is hereby
authorized to institute proceedings to condemn the Property.
Adopted by the Councd of the C~ty of V~rginia Beach, V~rg~ma, on the 10t:h day
of July ,2001
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
CITY ATTORNEY
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A COST
PARTICIPATION AGREEMENT BETWEEN THE
CITY AND PAW, L.L.C. FOR THE
CONSTRUCTION OF ROAD IMPROVEMENTS
AT SEABOARD ROAD
WHEREAS, PAW, L.L.C. ("PAW") is the owner and developer of real property
8 consisting of approximately 101.5 acres, and lying and being in the City of Virginia Beach adjacent
9 to Seaboard Road and Pnncess Anne Road (the "Property");
'tO
WHEREAS, PAW is developing the Property into the subdivision to be known as
Princess Anne Woods;
12
WHEREAS, the Property is subject to a proffer agreement dated April 29, 1998,
recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia in
14 Deed Book 4127, page 1294 (the "Proffer Agreement");
WHEREAS, Paragraph 3 of the Proffer Agreement requires that PAW shall make
those off site road improvements to Seaboard Road within the public right-of way from Princess
Anne Road to the entrance of the Pnncess Anne Woods subdivision (the "Road Improvements");
3.8
WHEREAS, Seaboard Road is included on the City's Master Transportation Plan as
't 9 an ultimate four lane undivided roadway;
20
WHEREAS, inasmuch as City staff has determined that the originally proposed
2 3. alignment of Seaboard Road is insufficient to meet the future demands to be placed upon the
2 2 roadway, a different alignment of Seaboard Road has been designated by City staff as shown on
2 3 Exhibit A attached hereto;
24
WHEREAS, the City has requested that PAW construct the Road Improvements
2 5 along the alignment shown on Exhibit A upon acqmsltlon of the additional property needed for the
2 6 realignment of Seaboard Road;
27
WHEREAS, PAW is willing to participate with the City in the construction of the
2 8 Road Improvements; and
WHEREAS, City staff has determined that entenng into a cost participation
3 0 arrangement with PAW for the construction of the said Road Improvements will be beneficial to the
31 C~ty for the preservation of the safety, health, peace, good order, comfort, convenience, and for the
32 welfare of the people ~n the City of V~rglma Beach.
33
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
3 4 VIRGINIA BEACH, VIRGINIA:
35
That the City Manager is hereby authorized to execute a cost participation agreement
between the C~ty and PAW, L.L.C. for construction of Road Improvements at Seaboard Road
37 accordance with the Summary of Terms attached hereto, and containing such other terms as are
3 8 acceptable to the City Manager and approved by the City Attorney.
39
Adopted by the Council of the City of Vlrglma Beach, Virginia, on the 10th. day of
40 July ,2001.
CA-8131
F \Users\VVaildej\WPXBZAXPAWLLC ord wpd
R-I
06/01/01
APPROVED AS TO CONTENT
Department 15~anmng
Del~artment of lbub~hc Works
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law t/~
SUMMARY OF TERMS
SEABOARD ROAD IMPROVEMENTS
COST PARTICIPATION AGREEMENT
DEVELOPER:
PAW, L L C.
COST PARTICIPANT:
City of Virginia Beach.
COST PARTICIPATION:
$38,715 00 to be paid by the City 30 days after the final
approval of design and construction plans by the City.
A. The total cost to design a new right-of-way is $48,415.00.
The amount of $38,715 00 represents the d~fference in cost
between the design and eng~neenng cost to design
improvements to the ex~sting right-of-way of Seaboard Road
from its intersection with Princess Anne Road to the entrance
of the Developer's subdivision (Princess Anne Woods) and
the cost of design and engineering for an entirely new
Seaboard Road from its intersection with Princess Anne Road
to the entrance of the Developer's subdivision The
Developer's cost to design the improvements to the existing
right-of-way is $9,700. The Developer will construct the
roadway as part of this agreement
SPECIAL TERMS
AND CONDITIONS:
· The Developer agrees to complete/improve Seaboard Road as follows
mo
Bo
C°
D
Construct a roadway section from the entrance of the Princess Anne
Woods Subdivision to Princess Anne Road along the alignment
designated by the City.
Construct a 5 foot wide sidewalk on one side of the roadway from/or
near the entrance of Princess Anne Woods Subdivision to Princess
Anne Road.
Perform adjustment to the existing traffic signals at the intersection
of Princess Anne Road and Seaboard Road
The Developer shall ddlgently pursue completion of all the above-
listed items and shall complete all road improvements within 180
days after the commencement of construction, subject to delays for
weather, acts of God, shortage of materials and other matters beyond
the control of the Developer.
The Developer shall commence construction of the road improvements within 60
days after written not~ce from the City of the acqms~t~on of the right-of-way,
permitting and approval of the design and construction plans submitted by URS
Consultants The costs of acquiring the right-of-way shall be borne by the City
The Developer agrees that at all times during the construction of the road
improvements, it shall keep at least one lane of the existing Seaboard Road open for
vehicular traffic and use other traffic control measures to minimize the impact of the
construction on the traffic traveling on Seaboard Road.
· Prior to the recordation of the subdivision plats for Phase Two of Princess Anne
Woods, Virginia Beach, the Developer shall deliver to the City, a letter of credit
issued to the City in form and substance satisfactory to the City Attorney m the
amount of $150,000 to ensure completion of the obligations contained in the
Agreement After the road improvements are completed, the letter of credit shall be
released once the defect bond is posted
The Developer shall use its best efforts to obtain a permit from the U.S. Army Corps
of Engineers, if necessary, for the disturbance of wetlands, including the performance
of any environmental studies, wetlands delineations and reports related to securing
a Corps permit. The City agrees to cooperate with the Developer, to the extent
permitted by law, in facilitating efforts to obtain any necessary permits from the
Corps, including, but not limited to, signing as a co-apphcant on any required Corps
permit application, performing any mitigation and/or meeting wetlands banking
requirements.
The City shall reimburse the Developer for costs related to obtaining a permit from
the Corps and any related studies or reports to the extent that such costs are not
already included in the design and engineering costs for improving the right-of-way
along the City's alignment as set forth in Paragraph 3 of the Agreement
H \WP61XPnncess Anne Woods Term Sheet wpd
- 23 -
Item V-H.$.
ORDINANCES
ITEM #4842 7
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED
Ordtnance to ACCEPT and APPROPRIATE a $424,486 grant from the
Untted States Department of Education to the FY2001- 02 operattng budget
of the Department of Museums and Cultural Arts re educattonal
programmtng for students, and, estimated revenue from the federal
government be tncreased accordtngly
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
July 10, 2001
10
11
12
13
14
15
16
17
18
19
20
21
22
23
AN ORDINANCE TO ACCEPT AND
APPROPRIATE A $424,486 GRANT FROM
THE UNITED STATES DEPARTMENT OF
EDUCATION TO THE FY 2001-02
OPERATING BUDGET OF THE DEPARTMENT
OF MUSEUMS AND CULTURAL ARTS TO
PROVIDE EDUCATIONAL PROGRAMMING FOR
STUDENTS
WHEREAS, the United States Department of Education has
awarded the Virginia Marine Science Museum a $424,486 grant to be
used for additional personnel and operating expenses to provide
educational programs on science and the environment to all
participating City schools.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That a $424,486 grant is hereby accepted from the
United States Department of Education and appropriated to the FY
2001-02 Operating Budget of the Department of Museums and Cultural
Arts, with estimated revenue from the federal government increased
accordingly.
2. That 1 full-time equivalent position is hereby added
to the Department of Museums and Cultural Arts FY 2001-02 Operating
Budget.
24
25
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 10 day of July , 2001.
CA-8198
ordin/noncode/depteducateord.wpd
R2
June 28, 2001
APPROVED AS TO CONTENT-
APPROVED AS TO LEGAL SUFFICIENCY'
Law Department._~// ,/
U.S. Department of Education
Washington. D.C. 20202
GRANT AWARD NOTIFICATION
t_-~t~, ot \ ~r~n~a Beach,¥~rglnta Marine Science Museum
-l' Genera~ Booth Bl,.d
\~rgimaBeach VA23451
.
:.x "15I'.
3
9
FIE E4RM 4RK GI:L.-XNT AWARDS
PROJECT STAFF
RECIPIENT PROJECT DIRECTOR
Nancy Vvalsh {757) 43" - 6340
EDLC-XTION PROGRAM CONTACT
Beverly, ,k Farrar t202) 219 - 1301
EDUCATION PAYMENT CONTACT
GAPS P,-x. YEE HOTLINE (888) 336 - 8930
KEY PERSONNEL
LEVEL OF
NAME TITLE EFFORT
Nanc,, ~3, alsh Project Director 10%
LEGISLATIVE AND FISCAL DATA
7
8
4WARD INFORMATION
PR/AW,kRDNUMBER R215K010119
ACTION NUMBER 01
ACTION TYPE New
&WARD TYPE D~screnonarv
AWARD PERIODS
BUDGET PERIOD 07/01'2001 -06/30/2004
PERFORMANCE PERIOD 07,01/2001 -06,30/2004
AUTHORIZED FUNDING
THIS ACTION
BUDGET PERIOD
PERFORMANCE PERIOD
ADMINISTRATIVE INFORMATION
DUNS/SSN 177116506
REGULATIONS CFR PART EDGAR
EDGAR AS APPLICABLE
ATTACHMENTS A BOERI-I C F S
AUTHORITY PLPL 103-382 ESEA OF1965 AS AMENDED BY [MPROVING AMERICA'S SCHOOLS ACT OF 1994
PROGRAM TITLE FUND FOR THE IMPROVEMENT OF EDUCATION
CFDA/SUBPROGRAM NO 84 215K
FUND CODE FUNDING YEAR AWARD YEAR ORG CODE
1100A2 2001 2001 ER
5424.486 00
$424 486 00
5424 486 00
PROJECT CODE OBJECT CLASS
R79215K 4101C
AMOUNT
5424,486 O0
~,¢r I
ED-GAPS001 1'01/98)
Pa~e Iot 3
U.S. Department of Education
Washington. D.C. 20202
GRANT AWARD NOTIFICATION
10
PR/AXA ARD NUMBER
RECIPIENT NAME
R215K010119
C~ty of V~rgm~a Beach/V~rg~n~a Marine Science Museum
TERMS AND CONDITIONS
THE FOLLOWING ITEMS ARE INCORPORATED IN THE GRANT AGREEMENT
(1) THE RECIPIENTS APPLICATION IBLOCK 2),
(2) THE APPLICABLE EDUCATION DEPARTMENT
REGULATIONS (BLOCK 8), AND
(3) THE SPECIAL TERMS AND CONDITIONS SHOWN ,kS ATTACHMENTS
(BLOCK 8)
IN ACCORDANCE WTH 34 CFR 74 25(c1(2L OR 34 CFR 80 30(d)(3) CHANGES TO KEY
PERSONNEL IDENTIFIED IN BLOCK4 MUST RECEIVE PRIOR APPROVAL FROM
THE DEPARTMENT
THE RECIPIENT IS REQUIRED TO SUBMIT ALL NECESSARY REPORTS TO THE
DEPARTMENT OF EDUCATION WITHIN 90 DAYS AFTER THE END OF FEDERAL
SUPPORT (BLOCK 6)
AUTHORIZING OFFICIAL
DATE
ED-GAPS001 (01/98)
Paee 2 of '~
Item V-H. 6.
- 24 -
ORDINANCES
ITEM #48428
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED:
REFUNDS:
License - $1,186.68
Tax - $ 437.39
Vottng 11-0 (By Consent)
Counctl Members Vottng Ave
Ltnwood 0 Branch, III, Margaret £ Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
I~tlham D Sessoms, Jr and Rosemary ~tlson
Counctl Members Voting Nay
None
Counctl Members Absent
None
July lo, 2ool
FORM NO C A 8 REV 3/86
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following apphcat~ons for hcense refunds, upon certification
of the Comm~smoner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
AMSEC LLC
ARMADNHOFFLER CONSTRUCTION CO
COULSON PATRICIA
HOME SOLUTIONS INC
J K HILL & ASSOCIATES INC
HAY LORIN & JAMIE
PROLOGUE PUBLISHING INC
R E F BARGE COMPANY
VIRGINIA CIMMS INC
2001 03/01/01 309 32 0 00 309 32
2001 03/01/01 10 92 0 00 10 92
03/03/01 AUDIT 35 84 0 00 35 84
04/05/01 AUDIT 21 30 0 00 21 30
03/29/01 AUDIT 643 12 0 00 643 12
04/12/01 AUDIT 10 14 0 00 10 14
04/05/01 AUDIT 103 11 0 00 103 11
04/06/01 AUDIT 12 33 0 00 12 33
03/29/01 AUDIT 40 60 0 00 40 60
CeA,fled ~s t~ay~~
C~ ~ ~ffs s ~ o f~ el~o'r-.,~e ¢~'~enue
C~ty Attorney's Office
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totahng
C~ty of V~rg~ma Beach on the
1,186.68
lOth
were approved by the Councd of the
day of July ,2001
Ruth Hodges Smith
C~ty Clerk
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following apphcat~ons for tax refunds upon certfficat~on of the Treasurer are hereby approved
Tax Type Ticket Exoneration Date
NAME Year of Tax Number Number Paid Penalty Int.
Total
Harrison, Gerald M & V~ctona 1998
Harrison, Gerald M & V~ctona 1998
Harrison, Gerald M & Vmtona 1999
Hamson, Gerald M & Vmtona 1999
Harrison, Gerald M & Vlctorm 2000
Harrison. Gerald M & Victoria 2000
Itmnson, Gerald M & Victoria 2001
Ilmnson, Gerald M & Victoria 2001
Langhorne, Emily Add~son 200 i
Waranch, Martin L & Tmdy H 2001
Waranch, Martin L & Tmdy H 2{)01
Ferguson, Betty & Brooks, Tammy 1997
Greens, Michael Lotus
Raymond, Charles Eric
10TAL:
RE(I/2) 98-052124-5 EA 11/14/97
RE(2~2) 98-052124-5 EA 05/13/98
RE(l/2) 99-052695-3 EA 11/19/98
RE(2/2) 99-052695-3 EA 05/24/99
RE(I/2) 00-053302-4 EA 11/16/99
RE(2/2) 00-053302-4 EA 05/17/00
RE(I/2) 01-054015-9 EA 11/21/00
RE(2~2) 01-054015-9 EA 05/29/01
RE(l/2) 01-072624-4 EA 11/16/00
RE(l/2) 01-132021-5 EA 11/15/00
RE(2/2) 01-132021-5 EA 05/29/01
PP(I/2) 97010738556 EA 08/09/99
PT D06785 04/17/01
P'I LO 1140 06/! 2/01
1757
1757
17 57
17 57
1757
1757
1757
1757
195 20
30 50
30 50
3 63
12 00
25 00
$437.39
Tins ordinance shall be effective from date of adoption
The above abatement(s) totaling
eAa7 39 were approved by
the¥C~)'~n~ll of the C~ty of V~rmma Beach
on the 10th dayof ~ulyt 2001
Ruth Hodges Smith
City Clerk
Cert s to pay~t~
John' tkmso~, T~easurer
Approved as to form
City Attorney
- 25-
Item V-L.
PLANNING
ITEM #48429
1. CAPE HENRY COLLEGIA TE SCHOOL
MODIFICATION OF CONDITION
NO. 1 (Conditional Use Permit
APPR O VED : 5/2 3/01)
2. DR. MICHAEL J. AND SYL VIA SOLHA UG AND
HORACE P. AND MAR YH. McNEAL
STREET CLOSURE
3. SETTLERS CROSSING, L.L. C.
A VIRGINIA LIMITED COMPANY
CONDITIONAL CHANGE OF
ZONINGS
4. CITY ZONING ORDINANCE
AMEND 3~ 108 of the Ctty Zontng
Or&nance (CZO) for posttng of stgns
re apphcattons for rezomng, etc
July 10, 2001
Item V-I.
- 26-
PLANNING
ITEM # 48430
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl APPROVED in ONE
MOTION Items 2, 3, 4, 5 and 6 of the PLANNING AGENDA and L 1 RECONSIDERATION (Btlly W
Chaplatn)
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, IlL Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wilson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
July lo, 2ool
Item V-I. 1.
-27-
PLANNING
ITEM # 48431
Ju&th R Wood, 809 Edwtn Drtve, Phone 481-2446, represented the Cape Henry Collegtate School,
(Chatrman of the Planntng Commtsston etghteen (18) years ago)
Hassel E Perrel, 1740 Val Halla Arch, Phone 412-4286, Opposed to Condttton No 2 (Leyland Cypress)
Upon motton by Counctlman Harrtson, seconded by Vtce Mayor Sessoms, Ctty Counctl MODIFIED
PREVIOUS Conditional Use Permit for CAPE HENRY COLLEGIATE SCHOOL approved wtth etght
(8) condtttons on May 23, 2000, for seven (7) traders at 1320 Mtll Dam Road
ORDINANCE UPON APPLICATION OF CAPE HENRY COLLEGIA TE
SCHOOL FOR A CONDITIONAL USE PERMIT FOR THE EXPANSION
OF A PRIVATE SCHOOL R05003045
Or&nance upon apphcatton of Cape Henry Collegiate School for a
Condtttonal Use Permtt for the expanston of a prtvate school at the
southeast tntersectton of Mtll Dam Road and Woodhouse Road (GPIN
#2408-58-4284) Satd parcel ts located at 1320 Mtll Dam Road and
contatns 29,502 acres L YNNHA VEN- DISTRICT 5
The followtng condttton shall be requtred
The portable butldtng sttuated tn the area tdenttfied as 'future
swtmmtng pool and support space" on the stte plans submttted
wtth this Condtttonal Use Permtt shall be removed from the stte
wtth completton of Phase IV of the school expanston (Prevtous
Condttton #5 modtfied)
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
July lO, 2OOl
Item V-I. 2.
- 28 -
PLANNING
ITEM # 48432
Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Council APPROVED the
Petttton of DR. MICHAEL J. and SYLVIA SOLHAUG and HORACE P. and MARYH. McNEAL for the
&sconttnuance, closure and abandonment of a portton of an alley on the east stde of Holly Road
Or&nance upon apphcatton of Dr Mtchael J Sylvta Solhaug and Horace
P & Mary H McNealfor the &sconttnuance, closure and abandonment
of a potton of an alley located on the east stde of Holly Road, begmnmg at
a potnt 132 5feet south 0f53ra Street and runmng a &stance of 95feet tn
an easterly &rectton along the southern boundary of Lots 13 & 14, Block
13, Ubermeer Satd parcel ts 15feet tn wtdth and contatns 1425 square
feet DISTRICT 5 - L YNNHA VEN
The followtng con&ttons shall be requtred
A pubhc uttltttes easement, sattsfactory to Pubhc Utthttes, must
be recorded to ensure that matntenance of and tmprovements to
utthttes wtthtn the rtght-of-way can be achteved
The Ctty Attorney's Office wtll make the final determtnatton
regar&ng ownershtp of the underlytngfee The purchase prtce
to be pard to the Ctty shall be determtned accordtng to the
"Pohcy Regar&ng Purchase of City's Interest tn Streets
Pursuant to Street Closures, "approved by Ctty Council Coptes
of the pohcy are avatlable tn the Planntng Department
The apphcants are requtred to resub&vtde the property and
vacate tnternal lot hnes to tncorporate the closed area tnto the
adjotmngparcels Theplan must be submttted and approved for
recordatton prtor to final street closure approval
Comments from Domtmon Vtrgtnta Power tn&cate prtmary and
secondary facthttes are located wtthtn the rtght-of-way The
apphcants must coor&nate wtth Domtnton Vtrgtnta Power to
determtne tfa prtvate easement ts requtred Prehmtnary
comments from the Vtrgtnta Natural Gas and Hampton Roads
Santtatton Dtstrtct tn&cate that there are no prtvate utthttes
wtthtn the rtght-of-way proposed for closure If private utthttes
do extst, easements sattsfactory to the utthty company must be
provtded
The proposed stngle-famdy dwelhng shall meet a mtmmum 15 5
foot setback from the new northern property hne of Parcel A
The apartment tn the garage structure on Parcel A shall be
removed before occupancy of the proposed stngle-famtly
dwelhng
Closure of the rtght-of-way shall be conttngent upon comphance
wtth the above stated con&ttons 1 through 4, wtthtn 365 days of
approval by Ctty Counctl If con&ttons 1 through 4 noted above
are not accomphshed and the final plat ts not approved wtthm
one year of the Ctty Counctl vote to close the rtght of way thts
approval shall be constdered null and votd
July 10, 2001
Item V-I. 2.
- 29 -
PLANNING
ITEM # 48432 (Continued)
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wilson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
July 1 O, 2001
Item VJ.3.
- 30-
PLANNING
ITEM # 48433
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Council ADOPTED
Ordinances upon apphcatton of SETTLERS CROSSING, L.L.C., a Vtrgtnta hmtted habthty company for
Condtttonal Changes of Zontng
ORDINANCE UPON APPLICATION OF SETTLERS CROSSING, L L C,
A VIRGINIA LIMITED LIABILITY COMPANY, FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM A-12 AND R-7 5 TO
CONDITIONAL B-2 Z07011204
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcatton of Settlers Crosstng, L L C, a Vtrgtnta
Ltmtted Ltabthty Company for a Change of Zontng Dtstrtct Classtficatton
from A-12 Apartment Dtstrtct and R- 7 5 Restdenttal Dtstrtct to Condtttonal
B-2 Communtty Bustness Dtstrtct on the followtng parcels
Parcel 1 From A-12 to Condtttonal B-2 on the west stde of Wtndsor Oaks
Boulevard, 600feet more or less south of Holland road
Parcel 2 From R- 7 5 to Condtttonal B-2 on the west stde of Wtndsor Oaks
Boulevard, 1300feet more or less south of Holland Road (GPIN #14876-
14-4893)
The proposed zomng classtficatton change to Condtttonal B-2 ts for
commerctal land use The Comprehenstve Plan recommends use of the A-
12 parcel for restdenttal uses above 3 5 dwelhng umts per acre tn
accordance wtth other Plan pohctes
Satd parcels contatn 13 3 acres more or less DISTRICT 3 - ROSE HALL
AND,
ORDINANCE UPON APPLICA TION OF SETTLERS CROSSING, L L C,
A VIRGINIA LIMITED LIABILITY COMPANY FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM A-12, R-7 5 AND B-2 TO
CONDITIONAL A-12 WITH A PD-H2 Z07011205
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcatton of Settlers Crosstng, L L C, a Vtrgtnta Ltmtted
Ltabthty Company for a Change of Zontng Dtstrtct Classtficatton from A-
12 Apartment Dtstrtct, R-7 5 Restdenttal Dtstrtct and B-2 Communtty
Bustness Dtstrtct to Condtttonal A-12 Apartment Dtstrtct wtth a PD-H2
Planned Development Houstng Dtstrtct Overlay on the followtng parcels
Parcel 1 From A-12 to Condtttonal A-12 wtth a PD-H2 Overlay on the
east stde of Wtndsor Oaks Boulevard, 350feet more or less north of South
Independence Boulevard
Parcel 2 From A-12 to Condtttonal A-12 wtth a PD-H2 Overlay on the
west stde of Wtndsor Oaks Boulevard, 350feet more or less north of South
Independence Boulevard
Parcel 3 From A-12 to Condtttonal A-12 wtth a PD-H2 Overlay on the
west stde of Wtndsor Oaks Boulevard, 110 feet more or less south of
Holland Road
Parcel 4 From R- 7 to Condtttonal A-2 with a PD-H2 Overlay on the east
stde of Wtndsor Oaks Boulevard, 1200feet more or less north of South
Independence Boulevard
Parcel 5 From R-7 5 to Conditional Aj-2 wtth a PD-H2 Overlay on the
west stde of Wtndsor Oaks Boulevard, 1170feet more or less north of South
Independence Boulevard
Parcels 6 & 7 From B-2 to Condtttonal A-12 wtth a PD-H2 Overlay on the
northeast and northwest corners of Wtndsor Oaks Boulevard and South
Independence Boulevard
July lo, 2OOl
Item V-I.3.
- 31 -
PLANNING
ITEM # 48433 (Continued)
The proposed zontng classification change to Condtttonal A-12 wtth a PD-
H2 Overlay ts for multt-famtly land use at a denstty no greater than 12
dwelhng untts per acre The Comprehenstve Plan recommends use of the
R- 7 5parcel for restdenttal use at or below 3 5 dwelhng untts per acre, the
A-12 parcel for restdenttal uses above 3 5 dwelhng units per acre and the
B-2 parcels for retatl, servtce and office use tn accordance wtth other Plan
pohctes Satd parcels contatn 91 8 acres DISTRICT 3 - ROSE HALL
The followtng conchttons shall be requtred
1 An agreement encompasstngproffers shall be recorded wtth the
Clerk of Ctrcmt Court and ts hereby made a part of these
proceedtngs
These Ordinance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Tenth of Jul_y, Two Thousand One
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Voting Nay
None
Counctl Members Absent
None
July 1 O, 2001
FORM NO P $ !B
City of Virginia Reach
[NTER-OFFICE CORRESPONI~E~CE
In l~,eply Refer To Our File No. DF-5342
DATE: July 3, 2001
TO: Leslie L. Lilley DEPT: City Attorney
FROM' B. Kay Wilson~ DEPT: City Attorney
Conditional Zoning Application
Settlers Crossing, L.L.C., et als
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on July 10, 2001. I have reviewed the subject proffer agreement, dated
December 14, 2000, and have determined it to be legally sufficient and in proper legal
form. A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW
Enclosure
PREPARED BY
::ES, CARNES. BOURDON
& AHERN. RC
ATTORNEYS AT LAW
SETTLERS CROSSING, L.L.C., a Virginia limited liability company
HIC, L.L.C., a Virginia limited liability company
HIF, L.L.C., a Virginia limited liability company
MACH ONE, L.L.C., a Virginia l~m~ted liability company
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 14t~ day of December, 2000, by and between
SETTLERS CROSSING, L.L.C., a Virginia limited liability company, Grantor, party of the
first part; HIC, L.L.C., a Virginia limited liability company, Grantor; HIF, L.L.C., a
Virghuia limited liability company, Grantor; and MACH ONE, L.L.C., a Virginia limited
liability company, Grantor, together as party of the second part; and THE CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, the party of the second part is the owner of three (3) parcels of
property located in the Rose Hall District of the City of Virginia Beach, containing a total
of approximately 105.1 acres and designated as Tracts 1, 2 and 3 in Exhibit "A' attached
hereto and incorporated herein by this reference. These three (3) parcels are hereinafter
collectively referred to as the "Property'; and
WHEREAS, the party of the first part is the contract purchaser of Tract 1 and
Tract 2 and along with the party of the second part, they have initiated a conditional
amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition
addressed to the Grantee so as to change the Zoning Classifications of Tracts 1 and 2
from B-2, A-12 and R-7.5 to A-12 with a PD-H2 Overlay and to also change the Zoning
Classification of Tract 3 from R-7.5 and A-12 to B-2; 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
WHEREAS, the Grantors acknowledge that the competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the area of
the Property and at the same time to recognize the effects of change, and the need for
various types of uses, 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 cope with the situation to which the Grantors' rezoning application gives
rise; and
GPIN NO"S.: 1486-14-4893
1486-12-5894
PR~ BY
~. CARNES. BOURDON
& AHERI4. PC,
~~ AT LAW
WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed amendment to
the Zoning Map, in addition to the regulations provided for the A-12 Zoning District, the
PD-H2 District and adopted land use plan and the B-2 Zoning District by the existing
overall Zoning Ordinance, the following reasonable conditions related to the physical
development, operation, and use of the Property to be adopted as a part of said
amendment to the Zoning Map relative and applicable to the Property, which has a
reasonable relation to the rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantors, for themselves, their successors, personal
representatives, assigns, grantees, and other successors in title or interest, voluntarily
and without any requirement by or exaction from the Grantee or its govermng body and
without any element of compulsion or cluid vro ..quo for zoning, rezoning, site plan,
building permit, or subdivision approval, hereby makes the following declaration of
conditions and restrictions which shall restrict and govern the physical development,
operation, and use of the Property and hereby covenants and agrees that this declaration
shall constitute covenants running with the Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the Grantors, their
successors, personal representatives, assigns, grantees, and other successors in interest
or title and which will not be required of the Grantors until the Property is developed:
1. The Grantors agree to develop the Property substantially in conformity with
the Land Use Plan entitled, "CONCEPTUAL MASTER PLAN OF TOWNE SQUARE FOR
ARLAND COMMUNITY DEVELOPMENT" (the "Plan") prepared by the TAF Group, dated
December 2000 (Sheet I of 3), which Plan has been exhibited to the City Council and is
on f'fie in the Department of Planning.
2. In order to create a sense of place which will feature stormwater retention
lakes as aesthetic amenities extensive streetscape landscaping with ornamental fencing,
and a community center, the areas adjacent to Windsor Oaks Boulevard which are
designated "Central Open Space/Pool Complex", "Entry Open Space" and "25' Landscape
Buffer Open Space" on the Plan, shall be developed in substantial conformance with the
detailed plans entitled ~CONCEPTUAL GREENSPACE TREATMENT OF TOWNE SQUARE
FOR ARLAND COMMUNITY DEVELOPMENT" ("Open Space Plan") prepared by the TAF
Group, dated December 20, 2000 (Sheets 2 and 3 of 3), which Plans have been exhibited
to the City Council and are on file in the Department of Planning.
3. The building designated "Clubhouse 1500 S.F." on the Open Space Plan
shall be substantially in conformity with the ~FYPICAL CONCEPTUAL ELEVATION OF
PREPARED BY
-~S. CARNES. BOURDON
& AHEFIN. PC.
~I'IORNEYS AT LAW
CENTRAL COMMUNITY CENTER- TOWNE SQUARE" which has been exhibited to the
City Council and is on file in the Department of Planning.
4. The two {2) villages depicted on the Plan and designated "PARCEL A' and
"PARCEL C" shall be developed with single family dwelling units in a condominium
regime. The type of residential dwelling shall be substantially in conformity with one of
the ten (10) "TYPICAL SINGLE FAMILY CONCEPTUAL ELEVATIONS - TOWNE SQUARE'
which have been exhibited to the City Council and are on file in the Department of
Planning. It is recognized that detailed building plans may change as the planning stage
progresses. The intent of the elevations is to demonstrate the architectural style and
building quality of the single family options. Final elevations for these structures shall
be submitted to the Planning Director for review and approval prior to building plan
approval. Each dwelling unit shall contain between 1600 and 2700 square feet of
enclosed living area, excluding garage. The areas designated "INTERNAL OPEN
SPACE/PASSIVE PARIC' on the Plan shall be developed in substantial conformance with
the Open Space Plan, Sheet 2 of 3.
5. The village depicted on the Plan and designated "PARCEL D~ shall be
developed with attached residential dwelling units in a condominium regime. The type of
residential dwelling shall be substantially in conformity with one of the Five (5) "'rYPICAL
TOWNHOME CONCEPTUAL ELEVATIONS- TOWNE SQUARE' which have been
exhibited to the City Council and are on file in the Department of Planning. It is
recognized that detailed building plans may change as the planning stage progresses.
The intent of the elevations is to demonstrate the architectural style and building quality
of the townhome options. Final elevations for these structures shall be submitted to the
Planning Director for review and approval prior to building plan approval. Each attached
dwelling unit shah contain between 1200 and 2000 square feet of enclosed living area
excluding garages.
6. The village depicted on the Plan and designated "PARCEL B' shall be
developed with a multiple family residential condominium community. The type of
residential dwellings shall be substantially in conformity with the "TYPICAL
CONCEPTUAL ELEVATION MULTIFAMILY CONDOMINIUM - TOWNE SQUARE' which
has been exhibited to the City Council and are on file in the Department of Planning. It
is recognized that detailed building plans may change as the planning stage progresses.
The intent of the elevation is to demonstrate the architectural style and building quality
of the condominium options. Final elevations for these structures shall be submitted to
the Planning Director for review and approval prior to building plan approval.
PREPARED BY
:ES. CAFINES. BOURDON
A AHERN. PC.
ATTORNEYS AT LAW
7. The village depicted on the Plan and designated "PARCEL E" shall be
developed with a multiple family residential apartment community. The type of
residential dwellings shall be substantially in conformity with the "'IYPICAL
CONCEPTUAL ELEVATION APARTMENTS - TOWNE SQUARE" which has been exhibited
to the City Council and is on file in the Department of Planning. It is recognized that
detailed building plans may change as the planning stage progresses. The intent of the
elevation is to demonstrate the architectural style and building quality of the apartment
options. Final elevations for these structures shall be submitted to the Planning Director
for review and approval prior to building plan approval.
8. The multiple family village on Parcel E shall include a community center
with an exercise facility, a pool, a business office and surrounding open space. The
community center building shall be substantially in conformity with the "'ITPICAL
CONCEPTUAL ELEVATION OF COMMUNITY CENTER - MULTIPLE FAMILY
APARTMENTS TOWNE SQUARE' which has been exhibited to the City Council and are
on file in the Department of Planning. It is recognized that detailed building plans may
change as the planning stage progresses. The intent of the elevation is to demonstrate
the architectural style and building quality of the Community Center. Final elevations
for this structure shall be submitted to the Planning Director for review and approval
prior to building plan approval.
9. The Grantors shall design and construct only privately maintained streets
and alleys within TOWNE SQUARE. Within the villages designated on the Plan as
PARCELS A, C, AND D, street sections, sidewalks, lighting and landscaping shall
substantially conform with the cross-sections depicted on the Open Space Plan, sheet 3
of 3, prepared by the TAF Group, which has been exhibited to the City Council and is on
file in the Department of Planning. Dwellings within these three (3) villages may be
constructed with rear loading garages which will uti]~Tg a 12' collector alley, a cross-
section of wbach is also depicted on the afore referenced OPEN SPACE PLAN.
10.The Grantors shall record a Master Deed of Covenants, Conditions and
Restrictions ("Restrictions") goveming all of the Property zoned A-12. The Restrictions
shall be enforced by a Mandatory Property Owners Association which will be responsible
for maintaining all common areas including, but not limited to the "Central OPEN
SPACE/POOL COMPLEX", "ENTRY OPEN SPACE", all Landscape Buffers including
fencing, all Lakes and all BMPs including the BMP shared with the area designated
"Commercial 13.3+ AC." as depicted on the Plan.
11. The total combination of single family, attached and multi-family units to
be developed on those portions of the Property zoned A-12 may not exceed a maximum of
790 units.
12. The section of Property depicted on the Plan and designated
"COMMERCIAL 13.3± AC." shall be developed in accordance with the restrictions and
requirements of the B-2 zoning district as specified in Article 9 of the Comprehensive
Zoning Ordinance of the City of Virginia Beach, Virginia at the time of development. In
addition to those standards which are mandatory, Development of the COMMERCIAL
13.3+ AC. shall also adhere to the following 'optional" provisions of Article II, Subsection
B 'DESIGN, ETC. STANDARDS FOR RETAIL ESTABLISHMENTS AND SHOPPING
CENTERS" of the Comprehensive Zoning Ordinance of the City of Virginia Beach,
Virginia:
A. Section 245(a)(1);
B. Section 245(a)(2);
C. Section 245(a)(4);
D. Section 245(b)(1);
E. Section 245(c)(1);
F. Section 245(c)(2);
G. Section 245(c)(3);
H. Section 245(d);
I. Section 245(f)(1);
J. Section 246(d)(5);
K. Section 246(e)(1);
L.
Mo
Section 246(e)(2) which shall apply regardless of the square footage
of the retail structures within the COMMERCIAL 13.3± AC. area. In
addition, ff this portion of the property is developed in phases, each
phase must include at least one feature specified within this Section
until such time as at least two of the features are incorporated
within the COMMERCIAL 13.3± AC. area.;
Section 249(a).
In addition to the foregoing:
(1) Those portions of buildings facing Windsor Oaks Boulevard, excluding
roofs and windows, shall be comprised of at least 50% brick and the balance shall be
constructed of wood, stone, glass, EIFS tinted or textured concrete masonry; and,
(2) The design of buildings constructed within the COMMERCIAL 13.3+ Ac.
area shall incorporate at least two of the following architectural features which are
substantially similar to the architectural features in the exhibits entitled ~I'YPICAL
CONCEPTUAL ELEVATION OF CENTRAL COMMUNITY CENTER - TOWNE SQUARE"
and "qYPICAL CONCEPTUAL ELEVATION OF COMMUNITY CENTER - MULTIPLE
FAMILY APARTMENTS TOWNE SQUARE":
[
PREI~RED BY
:S, CARNES. BOURDON
& AHERN. PC
,TI'ORREYS ATLAW
(a) columns;
(b) entrance pediments;
(c) archways;
(d) dormers;
(e) porticos;
(f) cupolas.
13. The quality level of the buildings constructed within the area designated
COMMERCIAL 13.3+ AC. shall be comparable to the quality levels depicted in the
rendering entitled "Commercial Property Conceptual Rendering Mast Farm"
("Commercial Rendering~) which has been exhibited to the City Council and is on file in
the Department of Planning. The design of the buildings and building alignment will
vary but will comply with all the provisions contained within Paragraph 12 of these
proffers. Deviations from the Commercial Rendering are anticipated and will be allowed
as long as the quality levels are the same or higher than depicted in the rendering. The
rendering is intended to be demonstrative of the quality intended by the Grantors.
14. Further conditions may be required by the Grantee during detailed Site
Plan review and administration of applicable City Codes by all cognizant City agencies
and departments to meet all applicable City Code requirements.
The above conditions, having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall
continue in full force and effect until a subsequent amendment changes the zoning of the
Property and specifically repeals such conditions. Such conditions shall continue
despite a subsequent amendment to the Zoning Ordinance even if the subsequent
amendment is part of a comprehensive implementation of a new or substantially revised
Zoning Ordinance until specifically repealed. The conditions, however, may be repealed,
amended, or varied by written instrument recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, and executed by the record owner of the
Property at the time of recordation of such instrument, provided that said instrument is
consented to by the Grantee in writing as evidenced by a certified copy of an ordinance
or a resolution adopted by the governing body of the Orantee, after a public hearing
before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204
of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be
recorded along with said instrument as conclusive evidence of such consent, and if not
so recorded, said instrument shall be void.
The Grantors covenant and agree that:
I
PREPARED BY
='S. CARNES. BOURDON
& AHEFIN, I~G
~T'R)RNEYS AT LAW
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied; and (b) to bring legal action or suit to insure compliance with
such conditions, including mandatory or prohibitory injunction, abatement, damages, or
other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantors shall petition the governing body for the review thereof
prior to instituting proceedings in court; and
(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 Planning Department, and they shall be
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia,
and indexed in the names of the Grantors and the Grantee.
PREPARED BY
S. CARNES. BOUFIDON
TTOIRNEYS AT LAW
WITNESS the foUowing signatures and seals:
GRANTOR:
SETTLERS CROSSING, L.L.C.,
a Virginia ~~3/°m~pany
BF~~ ~vY: e~. ~andl~r~~ember
Arthur B. Sandier, Member
(SEAL)
(SEAL}
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this ['~.. day of
December, 2000, by Steven B. Sandier, Member of Settlers Crossing, L.L.C., a
Virginia limited liability company.
IVly Commission Expires: ~ I'~1 IOQO0~:;
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this ~ d~y of
December, 2000, by Arthur B. Sandier, Member of Settlers Crossing, L.L.C., a
Vxrginia limited liability company.
'~ - Public
Notary
My Commission Expires.~~~~~~
I~EPARED BY
-'S. CARNES. BOURDON
& AMERN. PC
,TIORNEYS AT LAW
WITNESS the following signature and seal:
GRANTOR:
HIC, I~L.C.,
(SEAL)
~ Xx..~/nes M. Caplan, Manager
STATE OF VIRGINIA
CITY OF NORFOLK, to-wit:
The foregoing instrument was acknowledged before me this ~_co~ day of
December, 2000, by James M. Caplan, Manager of HIC, L.L.C., a Virginia limited
liability company.
Notary Public
My Commission Expires:
PREPARED BY
;S, CARNES, BOURDON
& AHERN. PC
~I'fl~INEYS AT LAW
WITNESS the following signature and seal:
GRANTOR:
HIF, L.L.C.,
a Virginia limited liability compa~..~
Lawrence E. Fleder, Manager
(SEAL)
STATE OF VIRGINIA
CITY OF NORFOLK, to-wit:
The foregoing instrument was acknowledged before me this i~4'O day of
December, 2000, by Lawrence E. Fleder, Manager of HIF, L.L.C., a Virginia limited
liability company.
\ Notary Public
My Commission Expires:9 1 ~, I'~ cc.,~
10
PREPARED BY
ES CARNES. BOURDON
& AHERN, I=C
~*TTORNEYS AT LAW
WITNESS the following signature and seal:
GRANTOR:
MAC~ ONE, L.L.C.,
a Vir ia limited 1/ab' ' ompany
~/mes M. Caplan, VMfanager
(SEAL)
STATE OF VIRGINIA
CITY OF NORFOLK, to-wit:
The foregoing instrument was acknowledged before me this [~q) day of
December, 2000, by James M. Caplan, Manager of Mach One, L.L.C, a Virginia
limited liability company.
My Commission Expires:
11
PREPARED BY
.--S. CARNES. BOURDON
A AHERN. P.C
%TTORNEYS AT LAW
EXHIBIT '*A"
TRACT I
Beginning at a point, said point being 46.00', in a northeasterly direction from the
northwest corner of S. Independence Blvd. and Windsor Oaks Blvd., said point
being further described as the southeast comer of property herein described,
THENCE FROM SAID POINT OF BEGINNING N44°33'45'W, 753.19' to a point,
thence N28°14'31'E, 2,104.86' to a point, thence S61°45'57"E, 190.00' to a point,
thence S28°12'54%V, 399.20' to a point, thence S61°47'06"E, 477.68' to a point on
the western right-of-way line of Windsor Oaks Blvd., thence turning and running
along the aforesaid western right-of-way line of Windsor Oaks Blvd. the following
four courses: 1} along the arc of a curve to the right having a radius of 592.00', an
arc length of 87.43", a chord bearing of S 19°54'06%V and a chord length of 87.35' to
a point, thence 2) S24°07'57~W, 1,502.28', to a point, thence 3} along the arc of a
curve to the right having a radius of 527.00', an arc length of 195.96', a chord
bearing of S34°47'06%V and a chord length of 194.83' to a point, thence 4}
S45°26'15W~r, 157.20' to a point, THE POINT OF BEGINNING.
The above described parcel of land is located in Rose Hall District, Virginia Beach,
Virginia and contains 32.54 acres.
12
i
PREPARED BY
S. CARNES. BOURDON
& AHERN. P.C
TTORNEYS AT tAW
TRACT 2
Beginning at a point, said point being 46.00', in a northeasterly direction from the
northeast corner of S. Independence Blvd. and Windsor Oaks Blvd., said point being
further described as the southwest corner of property herein described, THENCE
FROM SAID POINT OF BEGINNING, running along the eastern fight-of-way line of
the aforesaid Windsor Oaks Blvd. the following seven courses: 1) N45°26'15"E,
157.20' to a point, thence 2) along the arc of a curve to the left having a radius of
623.00', an arc length of 231.66', a chord bearing of N34°47'06'E and a chord
length of 230.33' to a point, thence 3) N24°07'57'E, 1,502.28' to a point, thence 4)
along the arc of a curve to the left having a radius of 688.00', an arc length of
282.02', a chord bearing of N12°23'22'E and a chord length of 280.05' to a point,
thence 5) N00°38'47'E, 133.00' to a point, thence 6) along the arc of a curve to the
right having a radius of 596.00', an arc length of 254.29', a chord bearing of
N12°52'09'E and a chord length of :252.36' to a point, thence 7) N25°05'31'E,
158.91' to a point, thence leaving the eastern right-of-way line of Windsor Oaks
Blvd. S64°54'29'E, 236.94' to a point, thence S25°05'31'W, 177.66' to a point,
thence S64°54'29'E, 854.9:2' to a point, thence S25°09'20'W, 1,237.43' to a point,
thence S24°07'57"W, 1,638.26' to a point, thence N44°33'45'W, 1,083.76' to a
point, THE POINT OF BEGINNING.
The above described parcel of land is located in Rose Hall District, Virginia Beach,
Virginia and contains 59.26 acres.
13
PREPARED BY
S. CARNES, BOURDON
& AHERN, PC
TTOFINEYS AT LAW
EXHIBIT "A'
TRACT 3
Beginning at the northwest corner of S. Independence Blvd. and Windsor Oaks
Blvd, thence rnnnin§ alon§ the western ri§bt-of-way line of Windsor Oaks Blvd.
46.00' to a point, thence leavin§ aforesaid western ri§bt-of-way line of Windsor Oaks
Blvd. N44°33'45"W, 753.19' to a point, thence N28°14'31'E, 2,104.86' TO THE
POINT OF BEGINNING, thence continuing N28°14'31'E, 58.16' to a point, thence
N28°12'29'E, 888.38' to a point, thence $63°43'18'E, 171.08' to a point, thence
N59°01'51'E, 51.22' to a point, thence $63°43'18'E, 130.00' to a point, thence
S25°49'06'E, 25.00' to a point, thence S26°16'42"W, 277.74' to a point, thence
S64°42'26'E, 88.03' to a point on the western ri§hr-of-way line of Windsor Oaks
Blvd., thence along the aforesaid western right-of-way line of Windsor Oaks Blvd.
the following two courses: 1) S25°05'31~V, 567.17' to a point, thence 2) along the
arc of a curve to the left having a radius of 692.00', an arc length of 153.65', a chord
bearing of S18°43'51~r and a chord length of 153.34' to a point, thence leaving the
western right-of-way line of Windsor Oaks Blvd. N77°37'46'W, 53.68' to a point,
thence S10°26'13~V, 50.32' to a point, thence S81°29'48'E, 53.68' to a point on the
western right-of-way line of Windsor Oaks Blvd., thence along the aforesaid western
right-of-way line of Windsor Oaks Blvd. the followin§ three courses: 1) along the arc
of a curve to the left havin§ a radius of 692.00', an arc length of 94.89', a chord
bearing of S04°34'29'W and a chord length of 94.81' to a point, thence 2)
S00°38'47'W, 133.00' to a point, thence 3) alonE the arc of a curve to the right
havin§ a radius of 592.00', an arc length of 155.23', a chord bearin§ of S08°09'31'W
and a chord length of 154.79' to a point, thence leavin§ the western ri§ht-of-way
line of Windsor Oaks Blvd. N61°47'06'W, 477.68' to a point, thence N28°12'54'E,
399.20' to a point, thence N61°45'57'W, 190.00' to a point, THE POINT OF
BEGINNING.
The above described parcel of land is located in Rose Hall District, Virginia Beach,
Virginia and contains 13.27 acres.
CONDREZN / SETTLERS/PROFFER
14
- 32 -
Item V-L4.
PLANNING
ITEM # 48434
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl ADOPTED
Ordtnance to AMEND ~ 108 of the Ctty Zontng Ordtnance (CZO) for
posttng of stgns re apphcattons for rezomng, etc
Vottng 11-0 (By Consent)
Counctl Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
July 10, 2001
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
AN ORDINANCE REVISING THE
REQUIREMENTS FOR THE POSTING OF
SIGNAGE IN CERTAIN REZONING, ETC.
APPLICATIONS
Section Amended' City Zoning
Ordinance Section 108
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA'
That Section 108 of the City Zoning Ordinance is hereby
amended and reordained to read as follows'
Sec. 108. Posting of signs relating to applications for rezoning,
etc.
a ~ addztzw~ to notic= v~ ~~ he~rzngs ~ requzred b~
general law, in a case where In any case in which a property owner
or other authorized person petitions the City Council for the
approval of any application seeking a rezoning of property,
conditional use permits, approval of a PD-H1 or PD-H2 land use
' - ...... =-- relocation or
plan, appeal or varzance, enlargement,
converszon of ~ ~u~~u~~ us= or structure resolution
pertaining to a nonconforming use or structure, subdivision or
floodplain variance or ern~ reconsideration of conditions
to approval of any amendment, the applicant shall erect, on
ir~,ediately adjacent to such the property which is the subject of
the application, a ~ sign of a size, type and lettering
approved by the planning director. One such sign shall be posted
within ten (10) feet of every public street adjoining the property
or in such alternate location or locations as may be prescribed by
pi -- ly
the anning director cl=~r vzo~= and
s-t-z.~"~t~. Such sign shall be erected not less than fifteen (15)
' ' - ...... ~-- planning
days before the ...... 'zc ~~
puu~ hearing of --~-~ zt ~i
commission hearing, or if none, the city council hearing, and shall
display information as to state the nature of the application and
date and time of the scheduled planning co~ission hearing.
may be purchased zn the -~- ~
p~ ~ department -==~ .......
..... ' - -' ' -'-- format, lettering, coloring and
~Izcat= those ozgns zn
37
38
39
4O
41
42
43
44
45
46
47
48
49
5O
w~. Such signs may not be removed by the applicant until the
hearing before city council has acted upon the application, and
shall be removed ~ no later than five (5) days after said city
council hearing thereafter. Notwithstanding the above, the city
· __ ' ' --L2--L --'
council may deny or defer ~ applicat~on for w~ o~gns have
inadequately posted. In any case in which the planninq commission
or city council determines that the requirements of this section
have not been met, the application shall be deferred; provided,
however, that the city council may, for any other appropriate
reason, deny such application.
(b) Applications before the board of zoninq appeals shall be
subject to the requirements of subsection (a) hereof. Any
application in which such requirements have not been met may be
deferred or denied by the board.
51
52
Adopted by the City Council of the City of Virginia Beach, Virginia,
on thzs l0th day of July, 2001.
53
54
55
56
CA-7798
ORDIN/PROPOSED/czol08ord.wpd
R-1
February 26, 2001
- 33 -
Item V-~.I.
APPOINTMENTS
ITEM # 48435
B Y CONSENSUS, Ctty Councd RESCHEDULED the followtng APPOINTMENTS:
PARKS AND RECREATION COMMISSION
SOCIAL SER VICES BOARD
July 1 O, 2001
Item V-L. 1.
- 34-
NE W BUSINESS
ITEM # 48436
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl SCHEDULED to be
advertised for RECONSIDERATION on 8/14/01:
Apphcattons of BILLY W. CHAPLAIN on the west side of Washtngton
Avenue south of Vtrgmta Beach Boulevard (849 and 853 Vtrgmta Beach
Boulevard) (DISTRICT 6 - BEACH)
Change ofZomng Dtstrtct Classt_ficatton from A- 12 Apartment Dtstrtct and
RT-3 Resort Tourtst Dtstrtct to Condtttonal B-2 Community Business
Dtstrtct, contatntng 23, 850 square feet
Condtttonal Use Permtt for a bulk storage yard, contatntng 19, 000 square
feet
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
July lo, 2ool
- 35-
Item V-M. 1.
AD JO URNMENT
ITEM g4843 7
Mayor Meyera E Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:35 P.M.
Beverly 0 Hooks, CMC
Chtef Deputy Ctty Clerk
City Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
July 10, 2001