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JULY 3, 2001 MINUTESCi CITY COUNCIL MAYOR MEYERA E OBERNDORE At-Large VICE MAYOR WILLIAM D SESSOMS, JR, At-Large LINWOOD 0 BRANCH, III, Beach -Dtstrtct 6 MARGARET L EURE, Centervdle -Dtstrtct 1 WILLIAM W HARRISON, JR, Lynnhaven - District 5 BARBARA M HENLEY, Prtncess Anne -Dtstrtct 7 LOUIS R JONES, Baystde -Dtstrtct 4 REBA S McCLANAN, Rose Hall -Dtstrtct 3 ROBERT C MANDIGO, JR, Kempsvtlle -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 of r inia B-- "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE (757) 427-4304 FAX (757) 426-5669 EMAH. Ctycncl@ctty vtrgtnta-beach va us July 3,2001 I CITY MANAGER'S BRIEFING - Conference Room - 3:00 PM A 31 st STREET AGREEMENT Pete Kane, Hunton & Williams 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 Charles N. Wiest Lekies-Wesleyan Acres United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E CERTIFICATION OF CLOSED SESSION F MINUTES 1. INFORMAL & FORMAL SESSIONS June 26, 2001 G AGENDA FOR FORMAL SESSION Tire Consent Agenda will be determined during tire Agenda i?eview Session anti considered in the ordinary course o£busJness by CJ(y Council to be enacted by one motion. H. ORDINANCE/RESOLUTIONS Ordinance to amend §§ 21-422, 21-424 thru 21-429 of the City Code re TOWING vehicles from private property Option A: Recommended by the Towing Advisory Board Option B: Recommended by the City Staff . Resolution designating the location and design for LASKIN ROAD PHASE I (Public Hearing November 15, 2000); and, to request Virginia Department of Transportation (VDOT) acquire and convey all necessary rights-of-way. . Resolution to endorse the City's participation in the Commonwealth of Virginia's E- COMMUNITIES INITIATIVE which will enable all Virginia communities to use lnternet and communications technologies for lmprovelng both the quality ofh fe for their citizens and the economic vitality of their communities and regions. 4. Licence Refund: $119,778.44 I. PLANNING PLANNING BY CONSENT - To be determined dunng the Agenda Review Session. Apphcatlon of NEAL REED on the east side of Dam Neck Road and Holland Road, containing 1.4 acres: (DISTRICT 7 - PRINCESS ANNE) Change of Zoning: from AG - 2 Agricultural District to Conditional B -2 Community Business District b. Conditional Use Permit: automobile service station and car wash Recommendation: APPROVAL . Apphcatlon of BACK BAY CHRISTIAN ASSEMBLY for a Conditional Use Permit re child care education center with a church on the east side of Pnncess Anne Road, south of Vaughan Road (1196 Pnncess Anne Road), containing 11 6 acres. (DISTRICT 7 - PRINCESS ANNE) Recommendation: APPROVAL o Application of JANET L. KOTTKE for a Conditional Use Permit re a pre-school/day care facility in the Tidewater United Church of Christ on the east side of West Neck Road, south of North Landing Road (2660 West Neck Road), containing 9.58 acres (DISTRICT 7- PRINCESS ANNE) Recommendation: APPROVAL . o Apphcatlon of M & M CONTRACTORS, INC., for a Con&tlonal Use Permit re a self- storage facility on the west side of South Lynnhaven Road, south of Lee Highlands Boulevard, containing 5.08 acres. (DISTRICT 3 - ROSE HALL) Recommendation: APPROVAL Application of SOKA GAKKAI INTERNATIONAL-USA for a Conditional Use Permit re a church at the intersection of%rglma Beach Boulevard and Davis Street (5476 Virginia Beach Boulevard), containing 2.955 acres (DISTRICT 2- KEMPSVILLE) Recommendation: APPROVAL o Application of RIGANTO, L.L.C., for a Change of Zoning District Classification from R - 5D Residential Duplex District to Conditional I- 1 Light Industrial District located on the east side of South Rosemont Road, north of Dam Neck Road, containing 33 acres (DISTRICT 7 - PRINCESS ANNE) Recommendation: APPROVAL APPOINTMENTS COMMUNITY SERVICES BOARD (CSB) [In accordance with Virginia State Code, Section 37 1-195, the June 26th normnatlon of Mary Almaguer is subject to City Council appointment on July 3, 2001] PARKS AND RECREATION COMMISSION SOCIAL SERVICES BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD- Telephonic Device for the Deaf) 06/28/01slb AGENDA\07-03-01 .pln www.virginia-beach.va, us CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS 0 H M B A C M E S DATE July 3, 2001 B R H C A R P E W PAGE 1 R R E J L N N A S I A E I N O A D D R S L N U S L N N I O K O S AGENDA C R O E E A G R E M O ITEM # SUBJECT MOTION VOTE H E N Y S N O F R S N IA BRIEFING Pete Kane, Hunton 8: 31't STREET PARKING Wfihams II/III/ CERTIFICATION OF CLOSED CERTIFIED I0-0 Y Y Y Y Y Y Y Y A Y Y IV/V SESSION /E F/I MINUTES - June 26, 2001 APPROVED 9-0 Y Y A Y Y Y Y Y A Y Y B S T A l N E D H/I Ordinance, as recommended by ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y City Staff, to AMEND §§21- Effective July 25, 422/21-424 thru 21-429 of City 2001, and refer Code re TOWING from private back to Towing property Advisory Board for their recommendations to City Council by October 1, 2001 2 Resolution designating location/ ADOPTED 8-2 Y Y Y A Y N Y Y Y Y N design for LASKIN ROAD B PHASE 1/request VDOT S acqun'e/convey r-o-w T A I N E D 3 Resolution to endorse partlcipat~on ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y in Va's E-COMMUNITIES CONSENT INITIATIVE 4 LICENSE REFUNDS: APPROVED 10-0 Y Y Y Y A Y Y Y Y Y Y $119,778.44 BY CONSENT B S T A I N E D I/1 NEAL REED Dam Neck Road/ Holland Road (DISTRICT 7 - PRINCESS ANNE) APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y a COZ From AG-2 to PROFFERED Conditional B-2 BY CONSENT b CUP Auto service station/car APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y wash CONDITIONED BY CONSENT 2 BACK BAY CHRISTIAN APPROVED/ I 1-0 Y Y Y Y Y Y Y Y Y Y Y ASSEMBLY CUP Child care CONDITIONED education at 1196 Princess Anne BY CONSENT Road (DISTRICT 7 - PRINCESS ANNE) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS 0 H M B A C M E S -'JuLy 3,2001 B R H C A R P E W DATE PAGE 2 R R E J L N N A S I A E I N O A D D R S L N U S L N N ! O K O S AGENDA C R O E E A G R E M O H E N Y S N O F R S N ITEM # SUBJECT MOTION VOTE 3 JANET L. KOTTKE CUP Pre- APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y school/day care in Tidewater CONDITIONED United Church of Christ at 2660 BY CONSENT West Neck Road (DISTRICT 7 - PRINCESS ANNE) 4 M & M CONTRACTORS CUP APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Self-storage on South Lyrmhavcn CONDITIONED Road/Lee Highlands Blvd BY CONSENT (DISTRICT 3- ROSE HALL) 5 SOKA GAKKAI APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y INTERNATIONAL - USA CUP CONDITIONED Church at 5476 Virginia Beach BY CONSENT Blvd (DISTRICT 2 - KEMPSVILLE) 6 RIGANTO, L.L.C. COZ from R.~ APPROVED/AS 11-0 Y Y Y Y Y Y Y Y Y Y Y 5D to Condmonal I-1 on South PROFFERED Rosemont Road/Dam Neck Road BY CONSENT (DISTRICT 7- PRINCESS ANNE) J APPOINTMENTS COMMUNITY SERVICES BOARD (CSB) Unexpired Term 11-0 Y Y Y Y Y Y Y Y Y Y Y Appointed Mary Almaguer thru 12/31/2002 PARKS & RECREATION COMM Rescheduled B Y C O N S E N S U S SOCIAL SERVICES BOARD Rescheduled B Y C O N S E N S U S K/L ADJOURNMENT 6 25 PM .O,e OUR NI~'~Oq MINUTES VIRGINIA BEACH CITY COUNCIL V~rg~n~a Beach, Virg~ma July 3, 2001 Mayor Meyera E Oberndorf called to order the CITY COUNCIL BRIEFING re 31s' STREET AGREEMENT tn the City Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, July 3, 2001, at 300PM Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Ytce Mayor Wtlham D Sessoms, Jr and Rosemary I'Ytlson Counctl Members Absent Wtlham 19' Harrtson, Jr [Entered 3 30 P MI -2- CITY MANA GER 'S BRIEFING 31s~ STREET AGREEMENT 3:00 P.M. ITEM # 483 72 The City Attorney advtsed a progress statement re the 31st Street Agreement wtll be presented by Attorney Peter Kane, Hunton and Wdhams who wtll revtew the changes tn the original agreement, the last Term Sheet and the latest verston of the Agreement Thts ttem wtll be also dtscussed durmg the Closed Sesston Pete Kane detaded the newest elements of the Agreement There ts an extsttng deal structure, whtch has been documented extenstvely and the transactton ts essenttally penchng The Ctty Councd &rected the Ctty staff to pursue the negottatton of an alternattve deal structure, based on the ctrculated term sheet Mr Kane focused on the new elements, whtch had not been prevtously chscussed Key elements of the existing development Oceanfront property controlled by the Development Authortty ss gotng to be ground leased to the developer The developer would have control of the land descrtbed tn thts ground lease and be obhgated to butld a hotel tn comphance wtth the Development Agreement Negottators went to great length to develop aprocess by whtch destgns, plans and quahty controls were tncluded tn this Development Agreement. Municipal obligation to provtde a parking garage for support of the hotel development and the pubhc at large ts sttll a part of the Agreement Key elements of the new proposal No ground lease Purchase and sale of the Oceanfront property for $3.5- MILLION. There wouM stdl be the Development Authortty's obhgatton to provtde parktng under just a "parking lease" as opposed to a "ground lease". Collateral would give the opportumty for the Development Authortty to purchase the Beach Quarters Inn Property These two would be parallel purchase and sale transacttons The Developer would sttll have the obhgatton to butld the hotel, the Development Agreement would sttll extst and provtde the road map for destgn, planmng and quahty control Alternative Structure Developer wall have the optton of to purchase the Oceanfront land instead of purchasing are ground leasing the Oceanfront land Thts ground lease, unhke the tntttal transactton, would have a reqmrement for the Development Authortty to subordtnate (pledge tts real estate mterest tn the land tn support of the developer 's financtng) A trade offofthts subordtnatton obhgatton would be the obhgatton on the Developer's stde to post a $3.5-MILLION Letter Of Credit or other equtvalent crtterta satisfactory to the Authortty, to protect the Authortty 's tnterest from betng lost due to foreclosure of the Developer's mortgage Wtth the ground lease, the developer would also have a purchase optton whtch would allow the developer, after the project ts "up and runnmg", to buy out the Authonty's interest tn the project for $3.5-MILLION However, there ts also an escalator factor on thts $3.5-MILLION, so that thts would "ratchet up", based on the CPI tncreases, should there be any over the time the deal commences and the ttme the developer elects to exercise thts purchase optton July 3, 2001 -3- CITY MANA GER 'S BRIEFING STREET AGREEMENT ITEM # 483 72 (Continued) In either case, whether ground lease or sale, the Developer conttnues to have the obhgatton to construct the hotel tn comphance wtth the Development Agreement The target date for commenctng constructton ts September 1, 2002, and the closing of the transactton ts August 15, 2002. The Muntctpal obhgatton to construct the parktng garage sttll extsts whether the transaction be ground lease or purchase and sale A portton of this Parking Garage will be owned by the Ctty and the balance owned by the Development Authortty Only the Authortty wtll be obhgated to provtde the parking spaces tn support of the hotel The locatton of those parktng spaces wtll only be tn the portton owned by the Authortty Re the garage, the Ctty Attorney advtsed "the northern 'half of the block would be the Muntctpal Lot and the southern 'half of the block would be the Development Authortty's lot "Thts has been contemplated and contatned tn the Agreement stnce tts tntttatton The Development Authority has the abthty to lease for up to stxty-five (65)years The Ctty can only lease to forty (40) years and thetr spaces must be open and avadable to the pubhc The land taken from the prtvate source (t e Baracuda Bob 's), was a voluntary sale and ts the portton of the garage parking to be utthzed by the hotel Mr Kane advtsed long term leastng ts not betng contemplated on the Muntctpal stde of the garage Thts stde wtll be open to the pubhc There has been a shtfi from the ortgtnal deal to the current proposal as the obhgatton to construct the restrooms and the park tmprovements have been agreed to be a muntctpal undertaktng Regardless of whether a land sale or ground lease transactton, the Development Agreement and all of the negottattons re road map provtstons on planntng, destgn, quahty control, constructton process and msurance under etther scenarto will be governed by the Development Agreement, none wtll fall out of the deal The major change betngproposed ts to allow the Developer to have an optton that wtll allow the Developer to etther purchase the Oceanfront land or to ground lease the land If the Developer exerctses the ground lese optton, the Authortty wtll have the obhgatton to subordtnate tts mterest, but that subordmatton wtll be protected by a Letter Of Credtt or comparable securtty devtce If the ground lease structure ts selected by the Developer, he will also have a purchase optton whereby he can exerctse the rtght to buy out the Authortty's tnterest under the agreed prtce wtth the escalator factor. Mr Kane advtsed Counctlman Jones the securtty devtce would be a letter of credit or comparable document sattsfactory to the Development Authortty and the Ctty E Dean Block Dtrector of Pubhc Works, advtsed under the lease, the Developer wtllpay the Ctty $280,000 a year for sixty-five (65) years The other lease payment tted to room revenues sttll rematns Re compartson to the prevtous lease agreement, the $280,000 does not tnclude the parktng Thts ts separate The parktng would commence at $38,000 and escalates to a total of approxtmately $212,000; however Mr Block wtll confirm these amounts Mr Block wtll revtew and advtse the dtfference tn funds recetved from the ortgtnal agreement Under the prevtous lease, the ground lease and the parktng lease were together tn one amount The lease payments on the retatl wtll be governed on the results of the RFP for that space, therefore, the revenue wtll be drtven by the selection of the wtnntng servtce provtder There ts no change tn the mtntmum amount that the developer must btd tn connectton wtth that RFP Mr Kane advtsed the ortgtnal transactton, whtch has been stgned, onlyprovtdes there wtll be a ground lease made avatlable to the Developer The park and restroom facthttes would be namtamed by the Muntctpahty Mr Kane advtsed Counctlman Man&go, the escalator factor ts CPI urban tf the developer chooses to purchase The payment on the lease ts for the use of the land, however, the payment on the purchase optton ts to own the land Mr Block advtsed the Ctty would sttll matntatn the restrooms The developer would matntatn the park for operational maintenance The Ctty would sttll matntatn the park for capital maintenance The Ctty Attorney referenced under the term sheet arrangement there was nothtngfor the credtt to apply, because tt was a sale, the Developer does not wtn the btd basically, the Developer could go back to the ortgtnal agreement or wtthdraw As there ts a ground lease the developer can opt to, those two opttons are gone and the developer cannot return to the ortgtnal agreement nor be able to drop out of the deal tfhe does not recetve the btd Thts Ordtnance ts scheduled to be constdered for the Ctty Counctl Sesston of July 1 O, 2001 July 3, 2001 -4- AGENDA RE VIEW SESSION 4:07P. M. ITEM # 483 73 ORDINANCES/RES OL UTION H 10rdtnance to amend ~ 21-422, 21-424 thru 21-429 of the Ctty Code re TO WING vehtcles from private property Optton A Optton B Recommended by the Towtng Advtsory Board Recommended by the Ctty Staff The Ctty Manager advtsed thts ttem wtll be &scussed durtng the Formal Sesston Counctl Lady McClanan comphmented the excellent analysts by C Oral Lambert, Chtef Operattng Officer, and concurred with the majortty of the report Mr Lambert advtsed the provtston tn the State code suggests tf £hty Council ts to change the towtngfees, tt should seek the revtew and advtce of the Towtng Advtsory Committee Mr Lambert suggested the Ctty Counctl mtght constder sendtng back these suggested amendments to the Commtttee It was suggested the revtstons be adopted and referral back to the Towtng Commtsston for further revtew and recommendatton Mr Lambert, after conferrtng wtth affected parttes, wtll advtse, by the Formal Sesston, a suggested effecttve date for the Ordtnance ITEM # 483 74 H2 Resolutton designating the locatton and destgn for LASKIN ROAD PHASE I (Pubhc Heartng November 15, 2000), and, to request Vtrgtnta Department of Transportatton (VDOT) acqmre and convey all necessary rtghts-of-way Counctl Lady McClanan expressed concern as the road appeared to have almost no intersections deptcted on the map contatned tn the Agenda Mr Block advtsed there are a number of tntersecttons There wtll be a stgnal hght at Winwood wtth an tntersectton at Linbay. The map was tntended to tllustrate the parcels betng sought to acqutre from wtlhng sellers along and tn front of the Linlear Subdivision The Ctty has an agreement wtth Mtdway for the purchase of property deptcted Now, that addtttonal funds have been recetved, the Ctty ts attempttng to acqutre other properttes The map contatned wtthtn the Agenda ts not a map of the total project John Herzke, Ctty Engtneer, advtsed Councd Lady Wdson there wtll be access to Nevan; however, there wtll not be a left turn capabthty Counctl Lady Parker ts concerned relattve the movement through the shopptng center, whtch ts not a legtttmate road system Mr Herzke advised Counctl Lady Parker the Ctty ts greatly upgra&ng the capactty of the First Colontal and Lasktn Road tntersectton wtth double lefts, and separate rtght turns If tn time, tt ts determtned there ts a need for a reassessment of the Vtllage Drtve tntersecttons, this wtll be re-examtned Mr Block advised as the capactty of the matn roads ts improved, the ctttzens wtll be more tnchned to utthze them and ehmtnate some of the cut through Counctl Members Lady McClanan and Wtlson wtll vote a VERBAL NAY on thts ttem Counctl Lady Henley wtll ABSTAIN as she has an tnterest tn the property on Lasktn Road ITEM # 483 75 BY CONSENSUS, the followtng shall compose the CONSENT AGENDA: H ORDINANCE~RESOLUTION Resolutton designating the locatton and destgn for LASKIN ROAD PHASE I (Pubhc Heartng November 15, 2000), and, to request Vtrgtnta Department of Transportatton (VDOT) acqutre and convey all necessary rtghts-of-way Resolutton to endorse the City's parttctpatton tn the Commonwealth of Vtrgtnta 's E-COMMUNITIES INITIATIVE whtch wtll enable all Vtrgtnta communtttes to use tnternet and communtcattons technologtes for tmprovetng both the quahty of hfe for thetr ctttzens and the economtc vttaltty of thetr communtttes and regtons 4 Licence Refund $119,778 44 Counctl Members McClanan and Wtlson wtll VOTE NAY on Item 2 Counctl Lady Henley wtll ABSTAIN on Item 2 Counctlman Jones wtll ABSTAIN on Item 4 July 3, 2001 -5- AGENDA RE VIE W SESSION ITEM # 483 76 I1 Apphcatton of NEAL REED on the east stde of Dam Neck Road and Holland Road, contatntng 1 4 acres (DISTRICT 7- PRINCESS ANNE) a Change of Zomng from AG - 2 Agricultural District to Conditional B - 2 Community Business District b Con&ttonal Use Permtt automobde servtce statton and car wash Counctl Lady Parker advtsed thts ts the first apphcatton of tts type along General Booth Boulevard that ts tn between Dam Neck, General Booth Boulevard and Princess Anne Road Counctl Lady Parker tnqutred as to the Ctty's long term vtston for Dam Neck Road, whtch ts a very well functtonmg road at the present ttme Wtth the AICUZ, there are also certam land use restrtcttons Robert Scott, Dtrector of Planning, advtsed he wtll provtde tnformatton concernmg Dam Neck Road Counctl Lady McClanan advtsed traffic on the Holland Road conttnuatton ts horrendous The other end of Holland Road wtth the restdenttal ts much better Counctl Lady McClanan requested stmtlar tnformatton relattve the rematnder of Holland Road The same pattern of prevtous years ts betng repeated locattng gas stattons on all four corners ITEM # 483 77 Apphcatton of BA CK BAY CHRISTIANASSEMBL Y for a Con&ttonal Use Permtt re chtld care educatton center wtth a church on the east side of Prmcess Anne Road, south of Vaughan Road (1196 Princess Anne Road), contatmng 11 6 acres (DISTRICT 7 - PRINCESS ANNE) Counctl Lady Eure referenced Item 5 of the Evaluation of Request: 5. The design load of 910 gallons per day is not to be exceeded. Stephen Whtte, Planmng, advtsed thts was one of the five con&ttons from the Health Department Thts design load ts the affluent to the septtc tank These are not con&ttons that wtll be attached to the Con&ttonal Use, but the staff wtshed Ctty Councd to be aware these are attached by the Health Department for thetr approval ITEM # 483 78 4 Apphcatton of M & M CONTRACTORS, INC., fora Con&ttonal Use Permtt re a sel_f-storage_facthty on the west stde of South Lynnhaven Road, south of Lee Htghlands Boulevard, contatnmg 5 08 acres (DISTRICT 3 - ROSE HALL) Counctlman Man&go advtsed as the school has gone all the way down to the Creek's edge whtch runs tnto the Lynnhaven, the Ctty Counctl needs to make sure the buffer ts mamtamed and what occurs ts ecology benefictal to the Creek ITEM # 483 79 6 Apphcatton of RIGANTO, L.L.C., for a Change of Zontng Dtstrtct Classt_ficatton from R - 5D Restdenttal Duplex Dtstrtct to Con&ttonal I - 1 Ltght Industrtal Dtstrtct located on the east stde of South Rosemont Road, north of Dam Neck Road, contatmng 33 acres (DISTRICT 7 - PRINCESS ANNE) Counctl Lady Eure advtsed thts apphcatton was DEFERRED on May 8, 2001, wtth a request for revtston of the plans and proffers Con&tton 2 of the Proffers Requtres mandatory membershtp tn a property owners assoctatton , mandatory assessments, mandatory matntenance of the landscape buffers and entrance feature, as well as an archttectural revtew and approval process for butl&ng plans on each tn&vtdual parcel (Proffer #2) Thts tssue was not address and tn the prevtous proffers July 3, 2001 -6- AGENDA RE VIE W SESSION ITEM # 48380 BY CONSENSUS, the followtng shall compose the PLANNING BY CONSENT AGENDA: 12 Apphcatton of NEAL REED on the east stde of Dam Neck Road and Holland Road, contatmng 1 4 acres (DISTRICT 7 - PRINCESS ANNE) a Change of Zontng from AG - 2 Agricultural District to Conditional B - 2 Community Business District b Conchttonal Use Permtt automobtle servtce statton and car wash Apphcatton of BACK BAY CHRISTIAN ASSEMBLY for a Conchttonal Use Permtt re chtld care educatton center wtth a church on the east stde of Prtncess Anne Road, south of Vaughan Road (1196 Prtncess Anne Road), contatmng 116 acres (DISTRICT 7- PRINCESS ANNE) Apphcatton of JANETL. KOTTKE for a Condtttonal Use Permtt re a pre-school/da¥ care facdtty tn the Ttdewater United Church of Chrtst on the east stde of West Neck Road, south of North Lan&ng Road (2660 West Neck Road), contatmng 9 58 acres (DISTRICT 7- PRINCESS ANNE) Apphcatton of M & M CONTRACTORS, INC., fora Conchttonal Use Permtt re a sel_f-storage_facthty on the west stde of South Lynnhaven Road, south of Lee Htghlands Boulevard, contamtng 5 08 acres (DISTRICT 3 - ROSE HALL) Apphcatton of SOKA GAKKAI INTERNA TIONAL-USA for a Conchttonal Use Permtt re a church at the tntersectton of Vtrgtnta Beach Boulevard and Davts Street (5476 Vtrgtma Beach Boulevard), containing 2 955 acres (DISTRICT 2 - KEMPSVILLE) Apphcatton of RIGANTO, L.L.C., for a Change of Zonmg Dtstrtct Classtficatton from R - 5D Restdenttal Duplex Dtstrtct to Condtttonal I - 1 Ltght Industrtal Dtstrtct located on the east stde of South Rosemont Road, north of Dam Neck Road, contatntng 33 acres (DISTRICT 7 - PRINCESS ANNE) July 3, 2001 -7- CITY COUNCIL COMMENTS 4:08 P.M. ITEM # 48381 Councdman Branch referenced hts correspondence to the Mayor and Members of Ctty Councd relative the Lake Wesley Encroachments and the Billy Chaplain Apptication Councdman Branch advised any homeowner on Lake Wesley shouM be entttled to an encroachment in order to construct a boat dock It would seem appropriate for there to be a non-negotiable pohcy regar&ng the location of these docks tn relatton to the channel Councdman Branch suggested the Ctty Manager prepare a pohcy on the two bo&es of water (Lake Wesley and Little Creek) and deal administratively wtth thts issue City Councd should not be subjected to determtmng the locatton and stze of boat docks The Ctty Manager ts prepartng a pohcy relative Lake Wesley and LtttIe Creek Councdman Branch requested the followtng apphcatton be scheduled for the Ctty Councd Sesston of July I0, 2001 RECONSIDERATION of the applicattons of BILL Y IV. CHAPLAIN on the west side of Washington Avenue south of Vtrgtma Beach Boulevard (849 and 853 Vtrgtnta Beach Boulevard) (DISTRICT 6 - BEACH) Change of Zoning District ClasstficattonfromA-12 Apartment Dtstrtct and RT-3 Resort Tourtst Dtstrtct to Condtttonal B-2 Commumtv Bustness Dtstrtct, contatmng 23, 850 square feet b Conchttonal Use Permttfor a bulk storage yard, contatmng 19, 000 square feet. This apphcatton on June 26, 2001, LOST TO TIE VOTE Councdman Branch advised that without approval of this applicatton, thts extsttng non-conformtng use wtll remam until Mr Chaplatn dectdes to move tt The approval of this apphcatton wtll reqmre the removal of thts non-conforming use tmmedtately Counctlman Branch requested the staff present suggestions durtng the Formal Sesston relative other alternattves to remove thts unstghtly lot. ITEM # 48382 Counctl Lady Wtlson requested the Ctty Manager and Ctty Attorney comment relative the Commtsstoner of Revenue's campatgn issues concermng the auto decal. The City Attorney advised, under the current State Law, the decal provtstons are estabhshed by the City Councd and, therefore, tt would be thetr prerogattve to change or not The City Manager advised a staff committee has been tnvolved in this tssue for the past etghteen (18) months to develop a more user friendly system than the decal Philhp Kellam, Commtsstoner of Revenue, is coordmattng with this commtttee Information will be provtded to City Council. Council Lady McClanan suggested tt may be logical to place the Commtsstoner of Revenue's office under the Department of Ftnance or combtne the Commtsstoner of Revenue and Treasurer's office All alternattves should be examined. Patrtcta Phdhps, Director of Finance, advised the Ctty's budget for the Commissioner of Revenue ts approximately $2.7-MILLION with retmbursements from the State, therefore, the City's portion would entad shghtly over $2-MILLION Counctl Lady Wilson advised thts does not address the tssue of lost revenue whtch is greater than the cost to run the office Counctl Lady Eure advtsed the cittzens mtnd the inconvenience more than the cost of the decals A method should be devised to ehmtnate the decal, but not the revenue. If the decal ts ehmtnated, Mayor Oberndorf expressed concerns with enforcement The other ctttes mtght still retatn thetr decal How much wdl be saved tn the cost of maihngs The City Manager advtsed the total cost involved tn the mailings relattve decals and personal property is approximately $300,000 Councdman Man&go advised the Governor has estabhshed a Commtsston to examine the tax structure and tf thts Commtsston recommends ehmtnatton of Personal Property Taxes, this would certatnly lend weight to doing away with City decals Councilman Branch advised other tssues should be examtned as well. Ctttzens have advised him the BPOL tax, based on gross recetpts and not profits, is also of great concern to them July 3, 2001 -8- ITEM # 48383 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldmg, on Tuesday, July 3, 2001, at 4 15 P M Counctl Members Present Margaret L Eure, }Ydham I~ 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 }Vtlham D Sessoms, Jr and Rosemary Vgtlson Counctl Members Absent Ltnwood 0 Branch, III July 3, 2001 -9- ITEM # 48384 Mayor Oberndorf entertatned a motton to permtt Ctty Councd to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followtng purpose PERSONNEL MA TTERS Dtscusston, constderatton or tntervtews of prospecttve can&dates for employment, asstgnment, appotntment, promotton, performance, demotton, salartes, dtsctphmng, or restgnatton of spectfic pubhc officers, appotntees, or employees pursuant to Sectton 2 1-344 (A) (1) To Wtt Boards and Commtsstons Commumty Servtces Board Parks and Recreatton Commtsston Soctal Servtces Board PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real propertyfor a pubhc purpose, or of the dtsposttton of pubhcly-held real property, where dtscusston tn an open meetmg would adversely affect the bargatntngposttton or negottattng strategy of the pubhc body pursuant to Sectton 2 1-344(A)(3) A cqutsttton/Dtsposttton of Property Yoder/Batnes Property Beasley Property Laskm Road Rtght-of- Way 3]st Street ProJect and Beach Quarters Inn LEGAL MA TTERS Consultatton wtth legal counsel or brtefings by staff members, consultants, or attorneys pertatntng to actual or probable httgatton, or other specific legal matters requesttng the provtston of legal advtce by counsel pursuant to Section 2 1-344(A)(7) To-Wtt 3?' Street ProJect and Beach Quarters Inn Upon motton by Vtce Mayor Sessoms, seconded by Councdman Harrtson, Ctty Councd voted to proceed tnto CLOSED SESSION. I,'ottng 10-0 Councd Members I,'ottng Aye 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 Councd Members Vottng Nay None Counctl Members Absent Ltnwood 0 Branch, III (Time of Closed Session: 4:15 P.M. to 6:00 P.M.) July 3, 2001 -lO- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL July 3, zool 6:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Butldtng, on Tuesday, July 3, 2001, at 6 O0 P M Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Absent None INVOCATION Reverend Charles N Wrest Herttage Untted Methodtst Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vtce Mayor Sessoms, betng a Corporate Officer of Wachovta Bank, DISCLOSED there were no matters on the agenda tn whtch he has a "personal tnterest", as defined tn the Act, etther tndtvtdually or tn hts capactty as an officer of Wachovta Bank The Vtce Mayor regularly makes thts Dtsclosure as he may not know of the Bank's tnterest tn any apphcatton that may come before Ctty Counctl Vtce Mayor Sessoms' letter January 2, 2001, ts hereby made a part of the record July 3, 2001 Item V-E -11- CER TIFICA TION OF CLOSED SESSION ITEM # 48385 Upon motton by Counctlman Jones, seconded by Vtce Mayor Sessoms, 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 certtficatton resolution apphes, AND, Only such pubhc bustness matters as were tdenttfied tn the motton convemng the Closed Sesston were heard, dtscussed or constdered by Vtrgtnta Beach Ctty Councd Vottng 10-0 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 Mandtgo, Jr, Mayor Meyera E Oberndorf, Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wtlson Councd Members Vottng Nay None Counctl Members Absent Nancy K Parker July 3, 2001 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 48384, page 9, 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 Virgima 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. ~h Hodges ~'mitl~, MMC City Clerk July 3,2001 - 12- Item V-F. 1. MINUTES ITEM ii 48386 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Man&go, Ctty Counctl APPROVED the Mmutes of the INFORMAL AND FORMAL SESSIONS of June 26, 2001. Vottng 9-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wilson Counctl Members Vottng Nay None Counctl Members Abstatmng Wtlham W Harrtson, Jr Counctl Members Absent Nancy K Parker Counctlman Harrtson ABSTAINED as he was not tn attendance durtng the Ctty Counctl Sesston of June 26, 2001 July 3, 2001 - 13- Item V-G.I. ADOPT AGENDA FOR FORMAL SESSION ITEM # 4838 7 BY CONSENSUS, Ctty Councd ADOPTED: AGENDA FOR THE FORMAL SESSION ~ty s, 2oo~ Item V-H. ORDINANCE/RES OL UTION - 14- ITEM #48388 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Council APPROVED IN ONE MOTION, Ordtnance/Resolutton 2, 3, an d 4 of the CONSENT AGENDA. Voting 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 Wdham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None Counctl Members McClanan and Wtlson voted a VERBAL NAY on Item 2 (Laskin Road, Phase I) Counctl Lady Henley ABSTAINED on Item 2 (Laskin Road, Phase I), as she has an tnterest tn a property, whtch ts effected by the project Counctlman Jones ABSTAINED on Item 4 (Ltcense Refunds), as Ttdewater Cemetery Corporation ts recetvtng a refund of $119 59 July 3, 2oo - 15- Item V-H. 1. ORDINANCE/RESOL UTION ITEM 1148389 Attorney Davtd Hay, 228 North Lynnhaven Road, Sutte 101, Phone 486-0000, representtng Ernest Cooper -Artstocrat Towtng, and Wtlham Htggtns - Jack's Towtng, spoke tn OPPOSITION to Optton B Carolyn Ltncoln, 2696 Rehance Drtve, Sutte 100, Member- Towtng Advtsory Board, dtd not regtster tn SUPPORT or OPPOSITION Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Eure, City Councd ADOPTED Ordtnance to amend 3~ 21-422, 21-424 thru 21-429 of the Ctty Code re TO WING vehtcles from private property Optton B Recommended by the Ctty Staff Thts Ordtnance shall be EFFECTIVE July 25, 2001. The Ordtnance shall be referred back to the Towtng Advtsory Board for thetr review and recommendation to be returned to Ctty Counctl by October 1, 2001 Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, IIL Margaret L Eure, Wtlham W Harrison, 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, .Ir and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None July 3, 2OOl LESLIE L LILLEY CITY A'I'rORNEY July 10, 2001 MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH VA 23456-9004 (757) 427-4531 FAX (757) 426-5687 TDD (757) 427-4305 The Honorable Meyera E. Oberndorf, 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 from 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~y~~ City Attomey Proud Recipient of the 1998 U.S. Senate Medallion of Excellence for Productivity and ~Ouality tn the Public Sector. 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 37 38 39 40 ,41 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 contain~gs the following wording and sets forth the hours of enforcement: PRIVATE PARKING .... : .... apaz-tment, (,,=,,,= of bus~,,=o~, condominium, motel, hotel, v~=~= ~~ing, or organization, whichevez :- ~ applicable) NAME OF BUSINESS RESIDENTS~CUSTOMERS~CLIENTELE~ LESSEES~GUESTS ONLY TOWING ENFORCED HOURS OF ENFORCEMENT Unauthorized cars towed at owner's expense: $ day or night. Cash only. Call 427-SGIG (telephone n.u. mber 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" fol lowing 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. 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 (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 '^' TM ' ~o, ~-,~== caDitalized 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~,,~' -~ ~=,~=~-' ...... : tN an enqineeri.nq. . grade 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 ~ three (3) inches in height. In the alternative, an accompanying s n containing this wording in letters i-n 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. 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 76 77 78 79 80 81 82 83 84 85 86 87 88 89 9O 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 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 ~ fee not to exceed f~een ~u~a~o ($15.00) 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 110 111 112 113 114 115 116 117 llB 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 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 ~ 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 towing fee greater than the fees set forth below; u~ ,,,u~.= ~.,,,-,, sixty dvllars ($GO.v~O) at any ...... lly ' --~l~zed,' ' =- ='~,,,=, .......... ua3 ~ ns~,,~,-== whether ~ ,,v~ a do ~s ut ~ tow any ght --- · : of II ~ ..... ~ .... ' ....... ~=h~cle= vehicle --:th a gross we~ ":th a gross we~gA.u v.~- more ~ha,, II,~0 ~,~,u,,uo, a tow ur operator may ~,,=~9= w~=-~"~ ~,,.,,=~I rates ,,ut to exce=d two hundred and fifty dolla~s 143 _Gross we.ig,ht of vehicle Maximum fee 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 1.1,000 pouDds or less 1.1.,001 pQuDds or ,more $70.00 (effective J.uly 25, 2001) $285.00.(eff.ec.tive J.ulv.25, 20Q1) 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 ~=. ~u~=~o $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 fi=~==,, d~l"~=.-o ~viS. vv) 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) hou~-s seven (7.) days after it is towed, the tow truck service shall be entitled to recover an additional fee, not to exceed thlz-ty-flve dollai-s ($35.00) forty dollars ($40.00), as payment for the cost of uu,duuuln~ = any. search ~ 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 . _1_ ---- ~--h .... 1_ 2 _'1 _ _~ _ forth in subsection a) above, '~,.=.. ~-= v=,~= ~o beln~ taken --2 ~- ----~- ~_ ..~_' .... ~' 1--_ (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 177 178 179 180 181 182 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 183 ' tow truck service for a period of one (1) year and shall be made 184 185 186 available for inspection by city police or the commissioner of the revenue during normal business hours of the tow truck service owner. 187 Sec. 21-427. Requirements for storage yard. 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 (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 ~,, u=~= 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 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 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, including, within thirty (50) minutes of vehicle hook up, complete ~ 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 ~ r~cord, or omitting to make a true and complete entry for each vehicle towed, or failure to surrender such ~3 record to any police officer upon request shall be unlawful. 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 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 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 8 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 3O8 309 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. ~ T~.. ~~~.~ f~!~~~Hi,~'l'.~i],~f~rb~!~l%y~!'pr, ivate road~ o~ , (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 emplo~ent 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 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 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 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 37 38 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, 21-428, AND 21-429 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 contain~n~ the following wording and sets forth the hours of enforcement- PRIVATE PARKING (name of business, apartment, , , condominium, motel, u~z~= ~u~~,~, or organization, ' ' whichever zs NAME OF BUSINESS RES IDENTS / CUS TOMER S~ CLIENTELE/ LESSEES/GUESTS ONLY TOWING ENFORCED ~,~uzcate hours of enforcement) HOURS OF ENFORCEMENT Unauthorized cars towed at owner's expense- $ day or night. Cas~h only. Call 427-5616 (telephone number of tow truck service) for location and information concerning reEurn 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 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 69 contain the name and telephone number of any contracted towing service. (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 e~,~ ~oj lznes capitalized words shall be at least three (3) inches in height and, for all other lmnes, at least one and one-half (1 ~) inches in height. The face of the sign shall be composed of high intensity an enqineerinq grade reflectorized sheeting or like material. The name of the buszness may be on a separate sign, but must be adjacent to the prmmary szgn containing the information required by this section. The provisions of subsection (a) above shall be applicable to any parkzng 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 ~ ~c4-~ three (3) inches in height. In the alternative, an accompanying sign containing this wording in letters at least three (3) inches ~ 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 czty, unless such land or property is properly signed in accordance with this section. 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 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 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 ($15.00) 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 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 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 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 model 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 towing fee greater than the 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 · fees set forth below uu.,~O) at any _l_-m '-i ._ ' _ ' ' ~--- = ....... ~--~ whether or not a ~y ~ utzlzzed, to tow any vehicle with a gross weight of ll,O0O pounds or less. For vehicles with a gross weight or more than II,000 pounds, a tow truck service or operator may~=~=-= ........ pr=vailing co~,ercial rates not to exceed two = .... -~--- ~ -- -~ =~ ==-- Gross weight of vehicle 11,000 pounds or less 11,001 pounds or more Maximum fee $70.00 (effective July 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) eighteen 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) h~rcm-s 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 conducting 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 towmng fee set 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 forth in subsection (a) above, when the vehicle is being taken w~,~uu~ ~,= ~u~o=~ of the owner or custodian of ~= vehzclc. (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 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 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 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 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, including, within thirty (30) minutes of vehicle hook up, 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 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 ~-c~ record shall be retained by the tow truck service for not: less than one year, and shall be available for inspection by city polmce 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 ~-~g record to any police officer upon request shall be unlawful. 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 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 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 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 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 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. (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 telephone number shall constitute a violation of this section. 301 302 303 304 305 306 307 308 309 310 311 312 313 314 (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 ztems, 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 Virginma 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 Item V-H. 2. -16- ORDINANCE/RES OL UTION ITEM #48390 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED Resolution designating the location and design for LASKIN ROAD PHASE I (Public Hearing November 15, 2000), and, to request Virginia Department of Transportation (VDOT) acquire and convey all necessary rights-of-way Voting 8-2 (By Consent) Council Members Voting Aye Llnwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr, Louts R Jones, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Vice Mayor William D Sessoms, Jr Council Members Voting Nay Reba S McClanan and Rosemary Wilson Council Members Abstaining Barbara M Henley Council Members Absent None Council Lady Henley ABSTAINED on Item 2 (Laskin Road, Phase I), as she has an interest in a property, which is effected by the project July 3, 2ooJ RESOLUTION FOR LOCATION AND DESIGN PUBLIC HEARING APPROVAL' LASKIN ROAD, PHASE I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, a Location and Design Public Hearing ("Public Hearing") was conducted on November 15, 2000, in the City of Virginia Beach by representatives of the City of Virginia Beach after due and proper notice for the purpose of considering the proposed location and design of Laskin Road, Phase I, CIP %2-156 (VDOT Project # 0058-134-F02, PE-101, RW-201, C-501) (the "Project") in the City of Virginia Beach, at which time drawings and other pertinent information were made available for public inspection in accordance with state and federal requirements; WHEREAS, all persons and parties in attendance were afforded full opportunity to participate in said Public Hearing; WHEREAS, representatives of the Virginia Department of Transportation were present and participated in said Public Hearing; WHEREAS, the Council had previously requested the Virginia Department of Transportation to program this Project; and WHEREAS, the Council has considered all such matters. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The location and major design features of Laskin Road, Phase I, CIP %2-156 (VDOT Project # 0058-134-F02, PE-101, RW- 201, C-501), as presented at the public hearing conducted on November 15, 2000, and which are set forth on the Location Map attached hereto, are hereby approved. 2. The Virginia Department of Transportation is hereby requested to acquire all rights-of-way necessary for this Project, and to convey said rights-of-way to the City at the appropriate time. 32 33 34 35 36 37 3. The Director of Public Works is hereby authorized to execute, on behalf of the City of Virginia Beach, all necessary utility agreements required in conjunction with acquiring such rights-of-way. Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rd day of July , 2001. 38 39 4O 41 CA-8171 ORDINkNONCODEkvdotlaskinord.wpd R3 June 20, 2001 42 43 44 APPROVED AS TO CONTENT' epar~m~-t of' Public Works 45 46 47 48 49 APPROVED AS TO LEGAL SUFFICIENCY' LOCATION MAP SHOWING LASKIN ROAD PHASE ! C.I.P..//' 2-156, VDOT #0058-134-F02 SCALE: 1" -- 1600' Fiscal Years 2001-02 tl~rough ~006-07 capital improvement Program Project # and Title: 2-156 Laskin Road - Phase I (VDOT) CIp section: Roadways ' Business Area: Qu,si#y Physical Environment Priority: Total Total Budget Unapprol~tated Subsequent Years Future Progran-,med Appropriations Year I Year ~ Year 3 Year 4 Year 8 Year 6 Funding Funds To Date FY 2001-02 FY 2002-03 FY 2003.04 FY 2004-00 FY 2000-00 FY 2006-07 Re~uimment 4,114,098 363,292 1,602,667 611,940 616,240 622,300 308,760 0 0 VDOT # 0058-134-F02. This project is for construction of a eight-lane divided highway (3 through lanes and a continuous right turn lane in each direction) from Republic Road to Fremac Crescent and a six-lane divided highway to Oriole, a distance of approxtmately 2.0 miles. An environmental assessment of the entire Laskin Road corridor, from Interstate 264 to Atlantic Avenue, will be required for construction of this project. A major component of this project is the replacement of the bridge structure at Linkhom Bay. This project also includes construction of a six-lane divided highway on First Colonial Road from Laurel Lane to 1-264. The cost for landscaping/aesthetics was calculated using the Laskin Road Corridor- Guidelines for Aesthehcs report completed with CIP 2-043 Miscellaneous Corridor Studies. The lggg traffic volume of 37,200 vehicles per day is projected to increase to 53,000 vehicles per day by the year 2018. The current roadway capacity is 22,800 vehicles per day. This is the first phase of Improving Laskin Road from Interstate 264 to Atlantic Avenue. Without this project, the road will become more congested as development along this corridor continues and will make access to the oceanfront difficult. This project is included in the City's Master Transportation Plan, as well as the Regional Transportation Plan. This project first appeared in the FY 1991-92 CIP, was deleted from the FY 1996-97 CIP and was re-introduced in the FY lg97-98 CIP Schedules and costs are updated annually based on the Virginia Transportation Development Plan. Basis for Estimate FY 2001-02 FY 2002-03 FY 2003-04 FY 2004-06 FY 2006-06 FY 2000-0/' 0 0 0 0 0 0 'nspecti°ns aAnli;l~P°rt ~~.., .~; '.' ~ ~ ~' '~_ i'['''~ Private Utihty Adjustments 10102-10/03 1,801,100 \ ~ ~, .. ..r"-~ \~ 'T._ '~ ~ IConstruction 10/03-10/05 16,209,900 ~ "r'~ ~_ ~'_~. '~1t~. Street Lights 10103-10/05 369,600 --,'~_._¥"C------( f ¢~ , "~ "~ \~.,,r' " :Landscaping 11/05-01106 1,310,000 ."~~\ \ ~j~ ',/~ . ~=,~ ~ \.~..~ ., Contingencies 07/93-01/06 339,420 ~. ~-~\\ ~, · /r ~ '~,. '. ~ ~ Total Budgetary Cost Estimate 24,885,198 ~\ t~, ;,'("'_~ ~ , -.~___.)-".~X,.~ -~- /..~.;~ Total Non-Programmed Costs 20,771,100 '~,,,~~~ ~ ,~..__'.'~ .,_.~_ .. ~.~~ Total Programmed Costs 4,114,098 -E~/ Funding! Source Amount ~ ~_-,.%.._{~, ~ ~ j--i[~j~ 1991 Charter Bonds ~~.~['- 't4,~ _~44 ._ -~'~2~~~ 2001 Charter Bonds 1,692,567 III 2002 Charter Bonds 611,940 ~ ~'-~[-~)/-1-_~ , t !I'~ '~, ~ ~~ 2003 Charter Bonds 615,249 ~..~]~_'~-d ~lv,~l-.,'~ ,~.,. ~,~ ~,. :r.-~_L_L/'~--'~ 2004 Charter Bonds 522,300 ~=a~._f%{j~~~,,_.,.,.,.,.,.,.,.~_ !=J~-~ 2005 Charter Bonds 308,750 ', ~ ~ ~--~--_L_~l~l I] [JL_? ~_ ~ Operating Budget 158,780 ~ ~---~--~ ' I1'' / ~_-,,~-IPay-As-You-Go 179,296 ~ ~ ~---- ~ ~"l"l~Total Programmed Financing 4,114,098 ~ -- _~1 [o_ ~ ? ~ ~.L~ / ~.-~-FutureFund~ng Requirements 0 ' _.' ¥:- Fiscal Year 2001-02 I Roadways Item V-H.3. -17- ORDINANCE/RES OL UTION ITEM g48391 Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED Resolution to endorse the Ctty's parttctpatton tn the Commonwealth of Vtrgtnta's E-COMMUNITIES INITIATIVE whtch will enable all Vtrgtnta communtttes to use tnternet and communtcatton technologtes for tmprovtng both the quahty ofhfe for thetr ctttzens and the economtc vttahty of thetr communtttes and regtons 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 Wdson Counctl Members Vottng Nay None Counctl Members Absent None July 3, 2001 A RESOLUTION ENDORSING VIRGINIA BEACH'S PARTICIPATION IN THE COMMONWEALTH OF VIRGINIA'S E-COMMUNITIES INITIATIVE WHICH SEEKS TO ENABLE ALL VIRGINIA COMMUNITIES TO USE INTERNET AND COMMUNICATIONS TECHNOLOGIES TO IMPROVE BOTH THE QUALITY OF LIFE FOR THEIR CITIZENS AND THE ECONOMIC VITALITY OF THEIR COMMUNITIES AND REGIONS. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 WHEREAS, with the advent of new technologies, indivmduals are changing the ways they interact wmth each other, and businesses are changmng the ways they interact with their customers; and WHEREAS, the rapid adoption of these new technologies is dramatmcally changing people's expectatmons concerning how and when they communicate both on a professional and personal level; and WHEREAS, we recognize the need to address these changing expectatmons for government and our communities; and WHEREAS, in May 2000, the Mayor appointed the Special Advmsory Commission on e-Government to study "e-government" ~ssues and work with the community to bring forward recommendations concerning how Virginia Beach should proceed in the area of "e-government"; and WHEREAS, in November 2000 the commission presented its recommended Goals & Objectives for Virginia Beach e-Government; and WHEREAS, in March of 2001, the Virginia e-Communities Task Force created a set of princmples that broadly define an e-community; and WHEREAS, these principles are consistent with the 1997 "Framework for Global Electronic Commerce," which was developed by the President's Information Infrastructure Task Force and which Virginia used as a foundation when it created its comprehensive Internet Policy Act; and WHEREAS, Virginia Beach City Council has the opportunmty to affirmatively ratify the e-Communmties Guiding Principles document and then use it to mobilize local interest and support for this important effort; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Virginia Beach ms one of Virginia's "Digital Communities" and endorses the followmng Guiding Principles for e-Communitzes: 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O (1) individuals want to participate in the prosperity and growth of the information economy; (2) local government should lead; (3) the electronic community provides a spectrum of government, education and business services and content; (4) the electronic community should be accessible to all; (5) an electronic community must recognize community identity, culture and values; and (6) Virginia communities should work in concert to develop flexible, simple standards that will aid in the completion of a commonwealth-wide e-communities environment. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Special Advisory Commission on e-Government is hereby commended for its work in creating Goals & Objectives for Virginia Beach e-Government which encompass the guiding principles for e-communities and has helped make Virginia Beach a leader in servicing its citizens through e-government and e-community initiatives. Adopted by the Council of the City of Virginia Beach, Virginia, on this 3rd day of July , 2001 61 62 63 64 65 F:\Users~DSULLIVA\VBGov~ecommunitiesresolution.wpd June 26, 2001 APPROVED AS TO CONTENT: Chief Informatmon Offzcer 66 67 68 69 APPROVED AS TO LEGAL SUFFICIENCY: De[5~'rt~m-ent of L~w - 18- Item V-H. 4. ORDINANCE/RES OL UTION ITEM #48392 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED: Licence Refund $119, 778 44 Voting 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Abstatntng Louts R Jones Counctl Members Absent None Counctlman Jones ABSTAINED on Item 4 (License Refunds), as Ttdewater Cemetery Corporatton ss recetvtng a refund of $119 59 July 3, 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 apphcabons for hcense refunds, upon cerbficatlon of the Commissioner of the Revenue are hereby approved LICENSE DATE BASE INTEREST TOTAL NAME YEAR PAID A & L HAIR GARDEN INC A & M AIR CONDITIONING HEATING A & M AIR CONDITIONING HEATING A & W RESTAURANTS INC A I & ASSOCIATES INC AARON RYAN & JONES AUCTIONS INC ACSEL CORPORATION ADAMS PACKING INC ADVANTAGE MEDICAL SERVICES LLC ALPHA SOLUTIONS CORPORATION AMERICAS COMPUTER TRAINING SOUTH ANGLERS LAB OUTFITTERS CO ARANAS JOSE MANIBOG ASSOCIATED MUSIC SHOP INC ATLANTIC DERMATOLOGY ASSOC PC ATLANTIC PILING & EQUIP CO INC ATRIA COMMUNITIES INC AUTO PARTS INTERNATIONAL INC BBG INCORPORATED BEACH CAR WASH INC BECK ROOFING CORP BLOCKBUSTER INC BOTTONI SERGIO L BRJD LEASING LC C & KARMA INC CACI INC DEDERAL CATO CORPORATION THE CHANDLER STEVEN D CHILDERNS MEDICAL GROUP INC CHILDRENS SPECIALTY GROUP PLLC DAUGHERTY JUDITH M DAVECO PROPERTIES INC DAVID D DICKERSON & ASSOCIATES EAST SUPERMARKET INC FUSION DYNAMICS INC GARDEN GALLERY ANTIQUES LLC GASWAY INC GENTLE RAIN SERVICE CO INC GRANDE JUNQUETION LTD HAND N HEART LLC HEALTHSOUTH REHAB CENTER OF VA BEACH J W HILL INFORMATION SPECTRUM INC INQUISITOR INVESTIGATIONS INC JKL AUTOMOTIVE INC 05/01/01 AUDIT 74 38 14 70 89 08 05/15/01 AUDIT 150 08 21 25 171 33 05/15/01 AUDIT 45 69 0 00 45 69 05/14/01 AUDIT 11 55 0 32 11 87 05/14/01 AUDIT 1,839 74 229 86 2,069 60 04/30/01 AUDIT 10 00 1 17 11 17 05/25/01 AUDIT 55 46 0 00 55 46 04/26/01 AUDIT 27 91 4 94 32 85 2001 05/15/01 60 50 0 00 60 50 05/02/01 AUDIT 3,832 43 287 14 4,119 57 04/26/01 AUDIT 503 60 38 27 541 87 04/30/01 AUDIT 6 47 6 57 13 04 05/29/01 AUDIT 20 00 0 25 20 25 05/14/01 AUDIT 6 00 0 10 6 10 05/14/01 AUDIT 24 43 1 82 26 25 05/14/01 AUDIT 10 00 3 08 13 08 05/23/01 AUDIT 1,670 66 64 11 1,734 77 05/15/01 AUDIT 198 81 13 81 212 62 05/07/01 AUDIT 2,061 20 258 01 2,319 21 05/03/01 AUDIT 161 11 1 37 162 48 AUDIT PAYMENT 05/09/01 661 69 0 00 661 69 05/10/01 AUDIT 722 91 25 76 748 67 05/17/01 AUDIT 21 00 1 77 22 77 05/09/01 AUDIT 460 00 48 18 508 18 05/01/01 AUDIT 522 94 0 00 522 94 AUDIT PAYMENT 05/14/01 3,489 12 0 00 3,489 12 2001 04/30/01 14 92 0 00 14 92 2001 06/06/01 11 37 0 00 11 37 05/10/01 AUDIT 6 63 0 00 6 63 05/16/01 AUDIT 3,151 64 225 31 3,376 95 05/24/01 AUDIT 845 95 97 58 943 53 2001 07/07/01 13 17 0 00 13 17 2001 04/30/01 40 11 0 00 40 11 2001 05/03/01 150 00 0 00 150 00 2001 05/08/01 221 29 0 00 221 29 05/25/01 AUDIT 69 14 0 09 69 23 05/10/01 AUDIT 1,516 79 56 17 1,572 96 05/16/01 AUDIT 40 01 1 00 41 01 04/26/01 AUDIT 215 36 25 12 240 48 05/23/01 AUDIT 4,803 32 315 20 5,118 52 05/21/01 AUDIT 10,223 47 3,354 29 13,577 76 2001 05/23/01 5 03 0 00 5 03 2001 06/13/01 16 35 0 00 16 35 05/14/01 AUDIT 352 71 116 54 469 25 2001 05/23/01 221 72 0 00 221 72 C 0 m/~s ~d'n c:fF~lrt h"e Revenue Approved as to form C~ty Atto rney'~::~ffice Th~s ordinance shall be effecbve from date of adopbon The above abatement(s) totahng C~ty of V~rg~n~a Beach on the 43,780 44 3 were approved by the Councd of the day of July ,20 O1 Ruth Hodges Smith CIty Clerk FORM NO C A. 8 REV ~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcat,ons for hcense refunds, upon cert~ficat,on of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID KDG ENTERPRISES INC KNOOP HUNTER L & MARK T LINDEN DIRECT INC LOGICON EAGLE TECHNOLOGY INC M&KINC MARIANNA ENTERPRISES INC MARTONE PETER W MEDICAL ADMINISTRATIVE COUNSEL NATIONAL COMMUNICATIONS OF AMERICA NCS INC NELSON REFRIGERATION INC NETWORKING TECHNOLOGIES INC OBRIEN & GERE TECH SERVICE INC OCEAN BEACH PARTNERS LP OUTBACK STEAK HOUSE OF HILLTOP OUTBACK STEAK HOUSEOF KEMPSRIVER OYSTER POINT CONSTRUCTION CO PATIENT FIRST PHYSICIANS GROUP PC PAULSON & PAULSON PLC PAYNE IRENE I PEDIATRICS OF KEMPSVlLLE PC PERLIN PENSION SERVICE INC PETERS & WHITE CONSTRUCTION CO PINKSTON LARRY M PRINS MICHAEL PATRICK PRIVATE INVESTIGATIONS OF VA INC R W MANGUM & ASSOCIATES INC RAMADA ON THE BEACH LC ROVER INDUSTRIES INC S & SONS INC SHANNON CHRIS CORP SHORE LINES MANUFACTURING GROUYP INC SIMS JAMES B SOFTWARE MANAGEMENT SOLUTIONS T P RUSNOCK ASSOCIATES INC TEMPLETON DEBORAH LYNNE THOMPSONS GRADING CO INC THORNTON JERRY W THREE TEES INC TIDEWATER CEMETERY CORP TRAVEL 2000 INC VALIANOS GRADING & CLEARING LC WARREN MORRIS & MADISON LTD WHIT WILLIAMS INC 04/30101 AUDIT 10 00 I 17 11 17 05101/01 AUDIT 124 96 28 82 153 78 2001 06/01/01 106 84 0 00 106 84 2000 04126/01 2.269 08 0 00 2.269 08 05/02/01 AUDIT 871 88 110 30 982 18 2001 05103/01 285 25 0 00 285 25 2001 05116/01 411 26 0 00 411 26 2001 05/31101 43 17 0 00 43 17 04/26/01 AUDIT 18 16 0 00 18 16 05/21101 AUDIT 10 00 0 00 10 00 05111101 AUDIT 224 15 30 17 254 32 05104101 AUDIT 10 00 I 25 11 25 2001 05/31101 12 84 0 00 12 84 05115101 AUDIT 506 57 101 06 607 63 04/27101 AUDIT 464 21 92 91 557 12 04127/01 AUDIT 485 95 98 39 584 34 05/03/01 AUDIT 140 00 17 08 157 08 05/01101 AUDIT 5.742 31 0 05 5,742 36 2001 05125101 30 90 0 00 30 90 04/26101 AUDIT 139 17 74 28 213 45 2001 05125101 8 64 0 00 8 84 2001 04127101 8 61 0 00 8 61 05111101 AUDIT 98 82 3 99 102 81 05125/01 AUDIT 13 43 4 07 17 50 04/26/01 AUDIT 76 04 12 72 88 76 04/26101 AUDIT 374 40 112 28 486 68 05109101 AUDIT 207 26 25 11 232 37 05118/01 AUDIT 6,566 90 1.180 51 7.747 41 2001 06/11/01 56 89 0 00 56 89 2001 06113/01 662 65 0 00 662 65 2001 06/13101 210 97 0 00 210 97 05/04101 AUDIT 402 28 0 00 402 28 2001 05114/01 4 41 0 00 4 41 05110101 AUDIT 9 44 0 00 9 44 2001 05118/01 19 11 0 00 19 11 2001 05110101 11 08 0 O0 11 08 05118/01 AUDIT 7,908 44 1.383 75 9.292 19 2001 05116/01 440 77 0 00 440 77 05/17101 AUDIT 50 27 3 49 53 76 05102101 AUDIT 112 74 6 85 119 59 05103101 AUDIT 549 52 20 54 570 06 05/03/01 AUDIT 273 14 34 13 307 27 04130101 AUDIT 640 08 147 24 987 32 05/29101 AUDIT 120 00 25 99 145 99 ~enue Approved as to form City Attomey'~ffice ' Th~s ordinance shall be effective from date of adopbon. The above abatement(s) totahng C~ty of Virginia Beach on the 34,448 94 were approved by the 3~:c~ day of Ju;[¥ Council of the O1 ,20 Ruth Hodges Smith City Clerk FORM NO C A § REV 3/~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcatlons for hcense refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID AMSEC LLC ARMADNHOFFLER CONSTRUCTION CO AUTO DYNAMICS INC BERNARD LYNN WOLTZ BRUSTERS OF VA BEACH COULSON PATRICIA COX INTERACTIVE MEDIA INC DENNIS DAVID B EASTERN RECREATION ENT INC GUYNN RANDY L HAY LORIN & JAMIE HOME SOLUTIONS INC INDEPENDENCE CONSTRUCTION CO J K HILL & ASSOCIATES INC JUNGLE GOLF OF VA BEACH INC KJA INC MORSE SHOE INC L & H CONTRACTING OF VIRGINIA LINDBLAD ENTERPRISES INC MCDONALDS OF NORTH CAROLINA INC MILLER ANDREW S OD MITCHELL MARK P MONTGOMERY DOORS INC OLD HOUSE SPECIALISTS INC OLYMPIC TILE & CARPET INC PERSON JENNIFER L PETER KWlCK INC PITNEY-BOWES INC PLANT FACTORY LANDSCAPING CORP PROLOGUE PUBLISHING INC R E F BARGE COMPANY RAMAN GEETHA K SEDLACKO KENNETH M SHORELINE MECHANICAL INC SOUVENIR CITY INC TARBU'I-I-ON ASSOCIATES INC THACKER ENTERPRISES LTD TIDEWATER DENTAL LABORATORIES TIDEWATER PRESSURE WASHING LLC TIDEWATER SURVEYING ENGINEER TUNE DAVID & JAMA TUROK CONSTRUCTION INC UTILX CORPORATION 2001 03/01/00 9,283 61 0 00 9,283 61 2001 03/01/00 328 08 0 00 328 08 04/02/01 AUDIT 52 87 2 55 55 42 2001 04/12/01 63 10 0 00 63 10 03/23/01 AUDIT 193 87 0 00 193 87 03/30/01 AUDIT 956 95 118 99 1,075 94 2001 04/04/01 19 17 0 00 19 17 2001 03/30/01 209 43 0 00 209 43 2001 03/30/01 186 76 0 00 186 76 03/28/01 AUDIT 8 26 11 55 19 81 04/12/01 AUDIT 503 16 138 28 641 44 04/05/01 AUDIT 853 29 0 00 853 29 2001 04/05/01 21 84 0 00 21 84 03/29/01 AUDIT 19,301 68 0 00 19,301 68 2001 03/30/01 95 80 0 00 95 80 2001 03/30/01 57 55 0 00 57 55 2001 03/30/01 10 34 0 00 10 34 2001 04/01/01 121 67 0 00 121 67 2001 03/26/01 10 00 0 00 10 00 03/23/01 AUDIT 90 29 0 00 90 29 04/02/01 AUDIT 243 76 59 86 303 62 2001 03/01/01 65 97 0 00 65 97 2001 04/05/01 36 40 0 00 36 40 2001 03/30/01 78 35 0 00 78 35 04/12/01 AUDIT 60 01 5 77 65 78 04/10/01 AUDIT 5 44 29 78 35 22 03/28/01 AUDIT 221 52 52 16 273 68 04/02/01 AUDIT 82 19 22 99 105 18 2001 04/17/01 29 17 0 00 29 17 04/05/01 AUDIT 3,493 72 632 96 4,126 68 04/06/01 AUDIT 442 75 51 63 494 38 03/28/01 AUDIT 10 00 1 08 11 08 03/14/01 AUDIT 200 00 30 91 230 91 2001 04/09/01 60 49 0 00 60 49 04/02/01 AUDIT 254 78 51 44 306 22 04/10/01 AUDIT 14 51 0 00 14 51 03/27/01 AUDIT 0 00 0 24 0 24 2001 03/21/01 40 00 0 00 40 00 03/30/01 AUDIT 10 00 0 00 10 00 04/09/01 AUDIT 81 50 16 97 98 47 2001 04/10/01 21 49 0 00 21 49 04/10/01 AUDIT 110 89 34 44 145 33 2001 03/30/01 50 42 0 00 50 42 ~,omm'l~sloner of the Revenue Th~s ordinance shall be effective from date of adoption The above abatement(s) totaling City of V~rg~ma Beach on the Approved as to form ~ty A'tt'o~n ~y'~ff~ce 39,242 68 were approved by the Council of the 3 day of July ,2001 Ruth Hodges Smith C~ty Clerk FORM NO C A 8 REV 3/~6 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 CommIssIoner of the Revenue are hereby approved NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID VAN DAALEN JONATHAN O 04/10/01 AUDIT 286 74 85 99 372 73 VIRGINIA CIMMS INC 03/29/01 AUDIT 1,587 29 293 61 1,880 90 WATERS LISA ANN 03/30/01 AUDIT 20 00 2 00 22 00 WIDENER HOMES LTD 03/22/01 AUDIT 10 00 2 00 12 00 WYNN HORACE JEROME 2001 04/12/01 18 75 0 00 18 75 ~~enue Approved as to form C~ty Attorney's Off~ce Th~s ordinance shall be effective from date of adoption The above abatement(s) totaling City of Vlrg~ma Beach on the 2,306 38 3rd were approved by the Council of the day of July ,20 01 Ruth Hodges Smith C~ty Clerk - 19- Item V-L. PLANNING ITEM #48393 1. NE,IL REED CONDITIONAL CHANGE OF ZONING 2. BACK BAY CHRISTIAN ASSEMBLY CONDITIONAL USE PERMIT 3. JANET L. KOTTKE CONDITIONAL USE PERMIT 4. M & M CONTRACTORS, INC. CONDITIONAL USE' PERMIT 5. SOKA GAKKAI INTERNATIONAL- USA CONDITIONAL USE PERMIT 6. RIGANTO, L.L.C. CONDITIONAL CHANGE OF ZONING uly 2oo - 20 - Item V-I. PLANNING ITEM it 48394 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED in ONE MOTIONItems 1, 2, 3, 4, 5 and 6 of the PLANNING AGENDA 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 Wilson Counctl Members Vottng Nay None Counctl Members Absent None July 3, 2001 - 21 - Item V-I. 1. PLANNING ITEM # 48395 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Council ADOPTED an Ordtnance upon apphcatton of NEAL REED for a Condtttonal Change of Zontng and Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF NEAL REED FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO CONDITIONAL B-2 Z07011202 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon apphcatton of Neal Reed for a Change of Zomng District Classtficatton from AG-2 Agricultural Dtstrtct to Condtttonal B-2 Communtty Bustness Dtstrtct on certatn property located on the east stde of Dam Neck Road at the tntersectton wtth Holland Road (GPIN #1495-14- 7339) The proposed zomng classtficatton change to Condtttonal B-2 ts for retail bustness land use The Comprehenstve Plan recommends use of this parcel for suburban restdenttal/low denstty at denstttes that are compattble wtth stngle faintly use Satd parcel contatns 1 4 acres DISTRICT 7 - PRINCESS ANNE The followtng condttton shall be requtred Agreement encompasstng proffers shall be recorded wtth the Clerk of the Ctrcutt Court and ts hereby made a part of the proceedtngs AND, ORDINANCE UPON APPLICATION OF NEAL REED FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE' STA TIONAND CAR WASH R0701305 7 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton of Neal Reed for a Condtttonal Use Permtt for an automobtle servtce statton and car wash on certatn property located on the east stde of Dam Neck Road at the tntersectton wtth Holland Road (GPIN #14975-14-7339) Satd parcel contains 1 4 acres DISTRICT 7 - PRINCESS ANNE The followtng condtttons shall be requtred 1 All auto repatr must take place tnstde the butldtng 2 No ttres, merchan&se or parts for sale shall be dtsplayed outstde 3 No outstde storage of equtpment, parts or matertals shall be permttted 4 No outstde storage of vehtcles tn a state of obvtous dtsrepatr shall be permitted All outdoor hghttng shall be shtelded to dtrect hght and glare onto the premtses, satd hghttng and glare shall be deflected, shaded, and focused away from adjomtng property 6 If the stte ts developedprtor to the wtdemng of Holland Road, a left turn lane tnto the site shall be provtded on Holland Road July s, 2OOl Item V-I. 1. - 22 - PLANNING ITEM # 48395 (Conitnued) The proposed servtce statton, canopy for the gasohne pumps, and the car wash buddmg shall substanttally conform to the prehmtnary elevation entttled, "B UILDING ELEVA TIONS FOR NEAL REED at Dam Neck Rd and Holland Road" (Pages 1, 2 & 3), dated May 1, 2001, whtch has been exhtbtted to City Councd and ts on file wtth the Planmng Department However, the followtng revtston shall be made to the elevattons The colored strtptng on the canopy shall be hmtted to a length of one-fourth the length of each stde or ten feet, whtchever ts greater The rematnder of the canopy shall match the black fascta The freestandmg stgn shall be monument style and shall be no taller than etght feet tn height The base of the stgn shall be of the same brtck as that of the proposed servtce buddmg These Ordtnances shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Ordtnance Adopted by the Councd of the Ctty of Vtrgtnta Beach, Vtrgtma, on the Thtrd of Jul_y, Two Thousand One Vottng 11-0 (By Consent) 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 Wdham D Sessoms, Jr and Rosemary Wdson Counctl Members Vottng Nay None Councd Members Absent None July 3, 2001 ~~ ~ of Vir¢inia Fteach IhffER-0FFIC[ ¢ORRESPOhtOENCE In Reply Refer To Our File No. DF-5287 TO: FROM' RE: DATE: Leslie L. Lilley B. Kay Wils~ June 22, 2001 DEPT: City Attorney Conditional Zoning Application Neal Reed and Alberta D. Hobson DEPT- City Attorney The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 3, 2001. I have reviewed the subject proffer agreement, dated October 15, 2000, and have determined it to be legally sufficient and in proper legal form A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure PREPARED BY :ES. C. ARI4E~ BOUROON & AHERN. P.C ATTORNEYS AT LAW NEAL REED ALBERTA D. HOBSON, widowed and unremarried TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 15m day of October, 2000, by and between NEAL REED, GRANTOR, party of the first part; ALBERTA D. HOBSON, GRANTOR, widowed and unremarried, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, GRANTEE, party of the third part. WITNESSETH' WHEREAS, the party of the second part is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 1.4 acres as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the party of the first part, being the contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the GRANTEE so as to change the Zoning Classification of the Property from AG-2 Agricultural District to B-2 Community Business District; 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 development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the GRANTORS' , proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land GPIN: 1495-14-7339 PREPARED BY :ES. CARNES. BOURDON & AHERN. P.C ~ AT LAW similarly zoned are needed to resolve the situation to which the GRANTORS' rezoning application gives rise; and WHEREAS, the GRANTORS have voluntarily proffered, in writing, in advance of and prior to the public hearing before the GRANTEE, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the GRANTORS, their successors, personal representatives, assigns, Grantees, and other successors in tire or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or quid pro quo for zoning, 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: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "ILLUSTRATIVE SITE PLAN FOR GAS STATION WITH SERVICE BAYS AND CAR WASH, Holland Road and Dam Neck', prepared by Engineering Services, Inc., dated 10/13/00, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan'). 2. The exterior of the service station, canopy for the gasoline.pumps, and the car wash depicted on the Site Plan shall be substantially similar in appearance to the elevations shown on the exhibit entitled ~BUILDINO ELEVATIONS FOR NEAL REED at Dam Neck Rd. and Holland Road" (Pages 1, 2 & 3), dated May 1, 2001~ PREPARF..~ BY ES CARNF. S. BOUI:IDON & AHERN. PC A'T'I'(X:INEY$ AT LAW which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter 'Elevation'). 3. The landscaping depicted on the Site Plan shall be consistent with the detailed 'ILLUSTRATIVE LANDSCAPE PLAN FOR GAS STATION WITH SERVICE BAYS AND CAR WASH', prepared by Engineering Services, Inc., dated 10/13/00, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter 'Landscape Plan'). 4. The freestanding signs shall be brick based monument style signs no greater than eight feet (8} in height as depicted on the Elevation. 5. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 6. Category VI Landscaping, as described in the Landscaping, Screening and Buffering Specifications and Standards of the City of Virginia Beach, will be provided adjacent to the southern boundary of the Property. 7. The uses which will not be permitted in place of an automotive service station and a car wash are: a) bulk storage yards and building contractors yards; b) flea markets; c) heliports and helistops; d) mobile home sales; e) storage garages; f) auto repair garages; g) boat sales; h) borrow pits. 8. Further conditions may be required by the GRANTEE during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date PREPARED BY ES. CARNES. BOURDOH & AHERN. PC ~{;TTORNEYS AT LAW of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the GRANTORS and allowed and accepted by the GRANTEE as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent ~_menrlment 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 GRANTEE, after a public hearing before the GRANTEE which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The GRANTORS covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with RI! 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; PREPARED BY (ES. CARNES, BOURDON & AHERN. A'I'rOClNEY$ AT LAW (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 (ES CARNES. BOURDON & Ak.lEI:IN. PC A~TORNEYS AT LAW WITNESS the foUowing signature and seal: (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this ~ day of October, 2000, by Neal Reed, Grantor. N~tar~ l~ublic My Commission Expires'~/~'~~ PREPARED BY ES. CARNES. BOUROON & AHERN. RC. I[I'TORNEY$ AT LAW WITNESS the following signatures and seals: GRANTOR: Alberta D. Hobson STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this October, 2000, by Alberta D. Hobson, Grantor. My Commission Expires: F~'~~ ,z..,~. ,~0o ~ day of PREPARED BY ;ES. CARNES. BOURDON & AHERN. PC .~TI'ORNEYS AT LAW All that certain piece or parcel of land lying, situate and being in the Princess Anne District of the City of Virginia Beach, being known, numbered and designated as Lot Thirty-One (31) on a certain plat made by ,I.E. Old, Surveyor, as a Subdivision for W.W. Sawyer, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 6, at Page 86. Less and except that portion of the property conveyed to the Commonwealth of Virginia by Deed dated March 93, 1999, recorded in the afore referenced Clerk's Office in Deed Book 3070, at Page 49.1; and Less and except that portion of the property conveyed to the City of Virginia Beach by Deed recorded August 9.5, 1986 and recorded in the afore referenced Clerk's Office in Deed Book 9.535, at Page 413. GPIN: 1495-14-7339 CONDREZN/REID/PROFFER Map K 17 H~p Not to Scale Back Christian A N AG-2 AG-I AG-I 2,890 m Rd. AG-I Gpin 2401-81-2439 ZONING HISTORY 1. Conditional Use Permit (church expansion) - Approved 6-22-99 Conditional Use Permit (preschool in church) - Approved 6-10-98 Conditional Use Permit (church) - Approved 8-27-96 Conditional Use Permit (church)- Approved 10-12-93 Conditional Use Permit (church) - Approved 6-25-90 2. Subdivision Variance- Approved 12-8-92 Conditional Use Permit (single family development) - Approved 12-8-92 3. Conditional Use Permit (retail sales) - Approved 9-27-82 Planning Commission Agenda June 13, 2001 Page 178 - 23 - Item V-I. 2. PLANNING ITEM # 48396 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED an Ordtnance upon apphcatton of BACK BAY CHRISTIAN ASSEMBL Y for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF BACK BAY CHRISTIAN ASSEMBLY FOR A CONDITIONAL USE PERMIT FOR A CHILD CARE ED UCA TION CENTER IN C ONNE C TION WITH A CHUR CH R 0 7013058 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton of Back Bay Chrtsttan Assembly for a Condtttonal Use Permtt fora chtld care educatton center tn connectton wtth a church on the east side of Prtnce Anne Road, 2890feet south of Vaughan Road (GPIN #2401-81-2439) Satdparcel ts located at 1196 Prtncess Anne Road and contatns 11 6 acres DISTRICT 7 - PRINCESS ANNE The followtng condtttons shall be reqmred 1 A new certtficatton of occupancy for "E" use as determtned by the Buddtng Offictal shall be requtred 2 Enrollment at the school shall not exceed 60 students Thts Ordtnance shall be effective tn accordance wtth Sectton 107 60 of the Zomng Ordtnance Adopted by the Council of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Thtrd of Jul_y, Two Thousand One Voting 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 $ McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Councd Members Vottng Nay None Counctl Members Absent None July 3, 2001 - 24 - Item V-L3. PLANNING ITEM # 4839 7 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED an Ordinance upon apphcatton of JANET L. KOTTKE for a Condtttonal Use Permit O~INANCE UPON APPLICATION OF JANET L KOTTKE FOR A CONDITIONAL USE PERMIT FOR A PRESCHOOL/DAY CARE FACILITY R07013059 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon apphcatton of Janet L Kottke for a Condtttonal Use Permtt for a preschool/day care facthty tn the Ttdewater Umted Church of Chrtst, on certam property located on the east stde of West Neck Road, 930 feet south of North Landtng Road (GPIN #1494-80-1286) Property ss located at 2660 West Neck Road and contatns 9 58 acres DISTRICT 7 - PRINCESS ANNE The following condtttons shall be requtred 1 There shall be no more than 1 O0 students tn thefacthty at any one ttme 2 There shall be no more than fifteen (15) staff members tn the facthty at any one ttme 3 ThehoursofoperattonshallbeMondaythroughFrtday, from 7 O0 am to6 OOpm 4 The apphcaht may hst the name ofthefactltty on the stgnface of the freestandtng stgn The apphcant shall obtatn all the necessary permtts, tnspecttons, and approvals from the Department of S octal Servtces, the Ftre Department and the Permtts and Inspecttons Dtvtston of the Planmng Department before occupancy of the buddmg A certtficate of occupancy for the use shall be obtamed from the Permtts and Inspecttons Dlvtston of the Planmng Department Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Ordtnance Adopted by the Councd of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Thtrd of July, Two Thousand One Vottng 11-0 (By Consen0 Counctl Members Voting 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 Wdham D Sessoms, Jr and Rosemary Wdson Councd Members Vottng Nay None Councd Members Absent None July 3, 2001 Item V-I. 4. - 25 - PLANNING ITEM # 48398 Upon motton by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED an Or&nance upon apphcatton of M & M CONTRACTORS, INC , for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF M & M CONTRA CTORS, INC FOR A CONDITIONAL USE PERMIT R07013060 BE IT HErB Y O~AINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon apphcatton of M & M Contractors, Inc , for a Condtttonal Use Permit for mtnt-warehouse/self-storage facthty on certatn property located on the west stde of South Lynnhaven Road, 400feet more or less south of Lee Htghlands Boulevard (GPIN #1496-27-1368) Stad parcel contatns 5 08 acres DISTRICT 3 - ROSE HALL The followtng conchttons shall be requtred When the property ts developed, tt shall be developed substanttally as shown on the exhtbtt entttled, "Conceptual &te Layout Plan for Morton Realty Property Self-Storage Facthty, "prepared by MSA, Inc , dated 5-10-01 The archttectural destgn elements and extertor butldtng matertals shall be substanttally tn conformance with those deptcted on the elevatton entttled, "Proposed Street Elevatton, Morton Realty Property, Self Storage Facthty," prepared by Sampson and Assoctates Archttects, P C, dated 5-21-01 The foundation landscaptngfor the untts wtth frontage along South Lynnhaven Road shall be installed as Category 1 as descrtbed tn the Ctty of Vtrgtnta Beach Landscape Screentng and Buffering Spectficattons and Standards Manual An undulattng 1 O-foot wtde landscape area shall also be tnstalled along South Lynnhaven Road from the southeast property hne to the proposed entrance A mix of trees and shrubs shall be installed wtthtn thts area and may be grouped or massed to provtde vtsual interest as well as addtttonal screemng along the street frontage Any freestandtng stgn shall be monument style wtth a brtck base that matches the brtck deptcted on butldtng elevatton Such stgn shall not exceed a hetght of etght (8)feet and shall be externally ht from ground level There shall be no bustness tdenttficatton stgnage on the walls or roof of the butlchng All extertor hghttng shall be low tntenstty and restdenttal tn character and shall not be erected any htgher than fourteen (14) feet Accordtng to Sectton 237 of the Ctty Zonmg Ordmance, all outdoor hghttng shall be shielded to direct hght and glare onto the mtnt warehouse facthty Satd hghttng and glare shall be deflected, shaded and focused away from all adjotmng properttes 6 The entrance into the facthty shall ahgn wtth the extsttng Sabre Street extenston located on the east stde of South Lynnhaven Road 7 No land disturbance shah occur wtthtn the 100 foot Resource Protectton Area buffer July s, 2ool - 26- Item V-I. 4. PLANNING 10 11 ITEM # 48398 (Continued) No budchngpermtt shall be tssued wtthout evtdence of permtsston from the Untted States Army Corps of Engmeers to tmpact the non- tidal wetlands deptcted on the concept plan No buddtng permtt to construct thts mtnt-warehouse facthty shall be tssued unttl the bdlboard identified on the conceptual plan ts removed tn tts enttrety All fencing vtstble from etther a pubhc rtght-of-way or from the adjacent stngle-famdy subdtvtston to the west shall be wrought tron-style No barbed wtre, razor wire or any other fenctng devtces shall be tnstalled on the roof or walls of the buddtng or on the fence on the property No storage offlammable or hazardous matertals shall be stored tn any umt 12 There shall be no electrtc or dtesel power generator or generator fueled by any other source of energy located outstde of any buddtng 13 There shall be an on-stte restdent manager at all ttmes, 24 hours a day 14 Drtve atsles shall be at least 18 feet wtde to accommodate emergency apparatus 15 No on-stte bustness shah be conducted such as automobde repair or storage, cabmet shops or stmtlar types of hazardous operattons 16 The untts shall be used only for the storage of goods The umts shall not be used for officepurposes, band rehearsals, or any other purpose not consistent with the storage of goods No pubhc assembly or conttnuous occupancy of the units shall be permttted Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 60 of the Zontng Ordtnance Adopted by the Councd of the Ctty of Vtrgmta Beach, Vtrgmta, on the Third o_f Jul¥, Two Thousand One Voting 11-0 (By ConsenO 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 Wdham D Sessoms, Jr and Rosemary Wdson Councd Members Vottng Nay None Councd Members Absent None July 3, 2001 Item V-I.$. -27- PLANNING ITEM # 48399 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED an Ordtnance upon appltcatton of SOKA GAKKAI INTERNATIONAL-USA for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF SOKA GAKKAI INTERNATIONAL-USA FOR A CONDITIONAL USE PERMIT FOR A CHURCH R07013061 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon apphcatton of Soka Gakkat Internattonal-USA for a Con&ttonal Use Permit for a church at the northeast tntersectton of Vtrgtnta Beach Boulevard and Davts Street (GPIN #1467-48-2294) Satd parcel ts located at 5476 Vtrgtnta Beach Boulevard and contatns 2 955 acres DISTRICT 2 - KEMPSVILLE The followtng conclttton shall be requtred The apphcant shall obtatn all the necessary permtts, tnspecttons, and approvals from the Ftre Department and the Permtts and Inspecttons Dtvtston of the Planntng Department before occupancy of the butldtng A certtficate of occupancy for the use shall be obtatned from the Permtts and Inspecttons Dtvtston of the Planning Department This Ordinance shall be effecttve tn accordance with Section 107 O0 of the Zoning Or&nance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Thtrd of Jul_v, Two Thousand One 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 s, 2007 - 28 - Item V-I. 6. PLANNING ITEM # 48400 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counczl ADOPTED an Or&nance upon apphcatton of RIGANTO, L.L.C., for a Conditional Change of Zomng ORDINANCE UPON APPLICATION OF RIGANTO, L L C, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5D TO CONDITIONAL I- 1 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton of Rtganto, L L C, a Vtrgtnta hmtted habthty company for a Change of Zomng Dtstrtct Classtficatton from R-SD Restdenttal Duplex Dtstrtct to Condtttonal I- 1 Ltght Industrtal Dtstrtct on certatn property located on the east stde of South Rosemont Road, 1300 feet more or less north of Dam Neck Road (GPIN #1494-04-6715) The proposed zontng classtficatton change to Condtttonal I-1 ts for hght tndustrtal land use The Comprehenstve Plan recommends use of thts parcel for a vartety of employment uses tncludtng bustness parks, offices, tndustrtal and employment support uses tn accordance wtth other Plan pohctes Satdparcel contams 33 acres (DISTRICT 7- PRINCESSANNE) The followtng conchtton shall be requtred 1 An agreement encompasstngproffers shall be recorded wtth the Clerk of Ctrcutt Court The apphcant has revtsed the plan and proffer to accomphsh the followtng Reduce the number of potenttal bml&ngparcels from the previous 29 to 13 Proffer #1) The apphcant reserves the rtght to further reduce the number of parcels and to mo&fy the property hnes between sttes provtded that the modtficattons comply wtth the reqmrements of the I-1 Zomng District and are not substantially dtfferent from the proffered layout Requtres mandatory membershtp tn aproperty owners assoctatton, mandatory assessments, mandatory matntenance of the landscape buffers and entrance feature, as well as an archttectural revtew and approval process for butldtngplans on each tndtvtdual parcel (Proffer #2) Thts tssue was not addressed tn the prevtous proffers Ltmtts the hetght of any butldmg on parcels Stx (6) and Seven (7), whtch are the larger parcels, to thtrty-five (35) tn hetght (Proffer #6) There was no hmttatton tn the previous proffers Requtres brtck as the extertor matertal for the front of all butldtngs, wtth the rematnder of the butldtng betng the same matertal or patnted block or metal (proffer #6) Prevtously, the butldtngs could have etther brtck, spht-face block, or Dryvtt as the exterior surface of the front, wtth the rematnder of the butldtng of the same matertal or, patnted block or metal Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 (1) of the Zomng Or&nance Adopted by the Counctl of the Ctty of Vtrgmta Beach, Vtrgtnta, on the Thtrd of JulY, Two Thousand One July s, 2oo Item V-I. 6. - 29 - PLANNING ITEM # 48400 (Continued) Vottng 11-0 (By Consent) Counctl Members Votmg Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, 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 Vottng Nay None Counctl Members Absent None July 3, 2ool PREPARED BY SYKES, CARNES, BOURDON & AHERN. PC ATI'ORNEYS AT LAW 0001857 BKL N51 PG067 I LEON T CARRINGTON, SR., Executor of the Estate of Viola Clementane Carnngton, Deceased and RIGANTO, L.L.C., a Virginia hmlted liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth Virglma of THIS AGREEMENT, made this 26th day of February, 2001, by and between LEON T. CARRINGTON, SR., Executor of the Estate of Viola Clementlne Carnngton, Deceased, Property Owner and RIGANTO, L.L.C, a Virginia hmlted liability company, Contract Purchaser, hereinafter collectively referred to as Grantors, and THE CITY OF VIRGINIA BEACH, a municipal corporataon of the Commonwealth of Vlrglma, Grantee, party of the second part. WITNESSETH. WHEREAS, Property Owner ~s the owner of a certaun parcel of property located m the Princess Anne District of the City of Vlrglma Beach, conta~mng approx~nately thirty-three (33) acres and described in Exhibit "A' attached hereto and incorporated hereto by this reference, smd property hereinafter referred to as the "Property"; and WHEREAS, the Grantors have ~mtlated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-5D Residential District to I-1 Industrial District, and WHEREAS, the Grantee's pohcy ~s to provide only for the orderly development of land for various purposes through zoning and other land development legislation, and GPIN. 1495-04-6715-0000 WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that ~n order to permit differing types of uses on and ~n the area of the Property and at the same tame to recogmze the effects of change that will be created by the Grantors' proposed rezonmg, certain reasonable condmons governing the use of the Property for the protectaon of the commumty that are not generally apphcable to land s~m~larly zoned are needed to resolve the s~tuataon to which the Grantors' rezonmg apphcataon g~ves rise; and WHEREAS, the Grantors have voluntarily proffered, ~n wrmng, m advance of and prior to the pubhc hearing before the Grantee, as a part of the proposed amendment to the Zoning Map w~th respect to the Property, the following reasonable conditaons related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zomng Map relative and apphcable to the Property, which has a reasonable relation to the rezonmg and the need for which ~s generated by the rezomng NOW, THEREFORE, the Grantors, therr successors, personal representataves, assigns, grantees, and other successors ~n title or ~nterest, voluntarily and without any requirement by or exactaon from the Grantee or ~ts governing body and without any element of compulsion or quid pro quo for zoning, rezomng, rote plan, bmlding permit, or subdlv~slon approval, hereby make the following declarataon of cond~tlons and restrlctaons which shall restrict and govern the phymcal development, operation, and use of the Property and hereby covenant and agree that th~s declarataon shall constitute covenants running vath the Property, which shall be binding upon the Property and upon all part~es and persons claiming under or through the Grantors, their successors, personal representataves, assigns, grantees, and other successors ~n interest or t~tle' 1 When the Property is developed, ~t shall be developed ~nto no more than thirteen (13) parcels substantaally as shown on the exhibit entitled "REZONING EXHIBIT OF CARRINGTON PROPERTY FOR RIGANTO, L L C V~rglma Beach, Vlrg~nla", dated November 14, 2000, as revised 05/14/2001 prepared by Hoggard- PREPARED BY SYKES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW Eure Associates, P.C., which has been exhibited to the V~rg~ma Beach City Council and is on file with the Virginia Beach Department of Planning {hereinafter "Site Plan'). 2. Declaratnon Restrictions') Association. When the property is subdivided it shall be subject to a recorded of Protective Covenants, Conditions and Restrictions {"Deed administered by a mandatory membership Property Owners Among other provisions, the Deed Restnctaons shall Include Articles requiring mandatory assessments for maintenance of the landscape buffers and entrance feature as well as for Architectural Controls, copies of which have been exhibited to the V~rgmla Beach City Council and are on/'fie with the Vlrglma Beach Department of Planning. 3. As the Property is developed, parcel by parcel, Grantors shall install berming and landscaping w~thm the twenty foot {20~ landscape buffer located adjacent to the pubhc right-of-way as depicted on the "Site Plan" 4. Entrance Landscaping shall be installed on the east side of the stormwater management lake as depicted on the ~Slte Plan" 5 All freestanding signs shall be brick monument styIe signs as depicted on the "Site Plan". No neon hghtnng visible from Rosemont Road or the proposed pubhc right-of-way depicted on the "Site Plan" shall be permitted on the Property 6 The buildings constructed on each of the lots depicted on the "Site Plan" shall have brick as the exterior surface of the front, with the remaander of the building of the same material or, painted block or metal. All exterior surfaces shall have an earth tone color No budding on parcels numbered one (1) through five (5) and eight (8) through fifteen (15) as depicted on the Site Plan shall exceed thrrty-five feet (353 in height. 7 Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and admlmstratlon of apphcable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements PREPARED BY SYKES, CARNES, BOURDON & AHERN, PC A'I'I'ORNEYSATI..AW BK L, h 5 0 B 7 All references hereinabove to R-SD and I-! Districts and to the requirements and regulattons applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, m force as of the date of approval of this Agreement by City Councd, which are by this reference incorporated hereto. The above cond[ttons, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue m full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such cond[ttons. Such cond[ttons shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive [mplementatton of a new or substanttally revised Zoning Ordinance unt~l specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded m the Clerk's Office of the C~rcu[t Court of the City of Virginia Beach, V[rglma, and executed by the record owner of the Property at the time of recordataon of such instrument, provided that said Instrument is consented to by the Grantee m writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a pubhc hearing before the Grantee which was adverttsed pursuant to the provisions of Section 15 2-2204 of the Code of V[rg[ma, 1950, as amended Said ordinance or resolution shall be recorded along with said Instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that. (1} The Zoning Adm[mstrator of the City of Virginia Beach, Vlrg[ma, shall be vested with all necessary authority, on behalf of the govermng body of the C~ty of Virginia Beach, Vlrglma, to administer and enforce the foregoing conditions and restrictions, including the authority {a) to order, in writing, that any noncomphance with such conditions be remedied, and {b) to bring legal &CtlOn or suit to insure comphance with such conditions, Including mandatory or prohibitory re]unction, abatement, damages, or other appropriate action, suit, or proceeding; PREPARED BY SYKES, CARNESBOURDON & AHERN PC ATTORNEYS ATLAW BKL 51 PG06'75 (2) The failure to meet all condmons and restrlctaons shall constitute cause to deny the ~ssuance of any of the reqmred 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 ~nstitutmg proceedings m court, and (4) The Zoning Map may show by an appropriate symbol on the map the emstence of conditions attaching to the zomng of the Property, and the ordinances and the condlt~ons may be made readily available and accessible for pubhc mspectaon m 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 C~ty of V~rglnm Beach, V~rglnm, and indexed ~n the names of the Grantors and the Grantee. PREPARED BY SYKES, CARNES. BOURDON & AHERN, PC A'I'I'ORNEYS AT LAW WITNESS the following s~gnature and seal: / /y~ola Clementme Carrmgt~D~ ,eased / / STATE O~ VIRGINIA The foregotng ~nstrument was acknowledged before me th~s ~C vg_' day of February, 2001, by Leon T Carnngton, Sr, Executor of the Estate of V~ola Clementane Carnngton, Deceased. My Commission Expires otar~Pubhc [ ' PREPARED BY SYKES, CARNES, BOURDON & AHERN PC ATI'ORNEYS AT LAW BK L, ~ 5 L~ PO 0 6 '7 '7 WITNESS the following signature and seal. GRANTOR: R~ganto, L.L.C., a Virg~ma hmzted habfl~ty company STATE OF VIRGINIA ~s M. Arnhold, Managing Member CITY OF VIRGINIA BEACH, to-wit: The foregmng ~nstrument was acknowledged before me this-f---~f day of February, 2001, by James M Arnhold, Managing Member of R~ganto, L.L.C, a V~rg~ma hm~ted habfl~ty company ary Pubhc My Comm,ss,on Expires' ~ :/.cZ. [ [ 8K 5kPG06 78 EXHIBIT "A' All those certazn pieces or parcels of land, wtth the bulldtngs and ~mprovements thereon, lying, s~tuate and being in the City of Vlrglma Beach, V~rglma, and being known, numbered and designated as Parcel 428 and 429, as shown on that certain plat enntled "Boundary Line Survey of Shirley A Buckner, John Walter Carrmgton, V~ola C. Carrmgton, etc.", made by John E S~nne and Associates, Ltd, which plat ~s duly recorded m the Clerk's Office of the C~rcmt Court of the City of V~rg~ma Beach, Vtrgm~a, m Map Book 152, at Page 32. SAVE AND EXCEPT that portion of the property conveyed to the City of Virginia Beach m Deed Book 3319, at Page 1124. GPIN NO.' 1495-04-6715-0000 CONDREZN/RIGANTO / CARRNGTN/PROFFER PREPARED BY SYKES, CARNES. 8OURDON & AHERN, PC ATTORNEYS AT LAW RECORDED WITH CE2T!FICATE ANNEXFO 21]01JL-9 AMIO: § 58 I r_,'3,,.. I,,- VIRC, I,'qlA .;E A' ,' , o, TESTE '/ ~ - 30- Item V-J. 1. APPOINTMENTS ITEM # 48401 BY CONSENSUS, City Councd RESCHEDULED the followtng APPOINTMENTS: PARKS AND RECREATION COMMISSION SOCIAL SER VICES BOARD July 3, 2001 - 31 - Item V-J.2. APPOINTMENTS ITEM # 48402 Upon NOMINATION by Vtce Mayor Sessoms, Ctty Counctl APPOINTED Mary Almaguer Unexpired term thru 12/31/02 COMMUNITY SER VICES BOARD [This appointment follows the nomination of this appointee in accordance with the State Code regulating Community Services Boards.] 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 3, 2ool - 32 - Item V-L. 1. NE W BUSINESS ITEM # 48403 Mayor Oberndorf referenced the VIRGINIA MUNICIPAL LEAGUE wtll hold tts Annual Conference, October 14 - 16, 2001, at the Virginia Beach Convention Center Ctty Counctl wtll cancel the thtrd Tuesday Workshop to allow all Counctl members to attend VML July 3, 2001 - 33 - Item V-M. 1. ADJOURNMENT ITEM #48404 Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 6:25 P.M. Chtef Deputy Ctty Clerk City Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtnta Beach Vtrgtnta July 3, 2ool