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FEBRUARY 26, 2002 MINUTESCITY 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 -Dtstnct I WILLIAM W HARRISON, JR, Lynnhaven -Dtstrtct 5 BARBARA M HENLEY, Pnncess Anne -Dtstrtct 7 LOUIS R JONES, Baystde -Dtstrtct 4 REBA S McCLANAN, Rose Hall -Dtstrtct 3 ROBERT C MANDIGO, JR, Kempsvtlle -Dtstrtct 2 NANCY K PARKER, At-Large ROSEMARY WILSON, At-Large JAMES K SPORE, Ctty Manager LESLIE L LILLEE Ctty Attorney RUTH HODGES-SMITH, MMC, Ctty Clerk "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE (757) 427-4304 FAX (757) 426-5669 EMAIL Ctycncl~ city vtrgtnta-beach va us February 26, 2002 I. CITY ASSESSOR'S BRIEFING - Conference Room - 4:00 PM Ao REAL ESTATE ASSESSMENTS - FY 2003 Jerald D. Banagan, Real Estate Assessor II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 5.00 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 Obemdorf B. INVOCATION: Reverend J. D. Noms, Jr. Virg~ma Beach Freewdl Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS February 12, 2002 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. ELECTION DISTRICT - Red Wing Precinct I. PROCLAMATION 1. VIRGINIA STATE PARKS DAY J. ORDINANCES/RESOLUTION , Ordinance to AMEND and REORDAIN § 10-1 ofthe City Code to change the polling place for the Red Wing Precinct from the Fire Training Center to the Seatack Elementary School at 912 South Blrdneck Road. 2. Ordinances re grants from the Virginia Department of Criminal Justice Services: ao ACCEPT and APPROPRIATE $78,442 under the Juvenile Accountability Incentive Block Grant program (JAIBG), TRANSFER $8,716 from the General Fund Reserve for Contingencies-Grant Match to the FY 2001-02 operating budgets of the Departments of Juvenile Probation and Parks and Recreation re continued education for juveniles under court supervision and an inter-agency information sharing program, (contingent upon the availability of the federal block grant); and, estimated revenue from the federal government be increased accordingly b. ACCEPT and APPROPRIATE $46,661 to the FY 2001-02 operating budget of the Police Department re dedicated domestic violence prevention; and, estimated revenue be increased accordingly o Ordinance to APPROPRIATE $10,000 Fund Balance and $4,000 ad&tlonal revenue from the Francis Land House Board of Trustees Trust Fund to the FY 2001-02 operating budget of the Department of Museums and Cultural Arts - Francis Land House re board sponsored events; and, estimated revenue from local sources be increased accordingly. o Ordinance to TRANSFER $240,000 from the Sheriff's Correction Center sprinkler system to the Law Enforcement Training Academy, re the Police and Sheriff's accelerated construction schedule. o o Ordinance to TRANSFER $125,000 from various projects within the FY 2001-02 Capital Improvement Program to the Seatack Elementary School re funding for closeout of the following projects: ao Kellam High School Auxiliary Gymnasium W. T. Cooke Elementary School ADA Modifications Renovations, replacements, re-roofing, indoor mr quality and various site acquisitions Ordinances re temporary encroachments into the City's right-of-ways: ao 60-foot drainage easement, known as Mill Pond, by PATRICK G. and ANNA L. ENSLEY, re constructing and maintaining a pier, moonng piles, and a boat ramp at 364 Back Bay Crescent. (PRINCESS ANNE - DISTRICT 7) bo Pump station site at 2677 West Neck Parkway by DAVID E. MILLER re constructing and maintaining a wood deck and hot tub at 3125 Amador Drive. (PRINCESS ANNE- DISTRICT 7) Co Kent Lane by CHARLES P. and JUANITA U. FLETCHER, re allowing existing split rail fencing, underground water spnnkhng system and landscaping at 1200 Kent Lane (LYNNHAVEN- DISTRICT 5) do Utility and drmnage easement within Lake Trashmore (approved by the City in 1981) and a portion of City-owned property by JANET L. ROWLANDS re mmntalmng an existing in-ground pool, related concrete pool deck and split rail fence at 4033 West Colonial Parkway (ROSE HALL- DISTRICT 3) Resolution re TIDEWATER REGIONAL GROUP HOME COMMISSION'S plan to apply for Juvenile Community Crime Control Act (VJCCCA) funding on a Commission- wide basis instead of an individual locality basis; and, directing the City Manager to participate in the development of this regional Plan with the Commission continuing as the fiscal agent for all operations of the Home. K. PLANNING o MODIFICATION OF CONDITIONS TWO AND THIRTEEN placed on the July 3, 2001, approved Conditional Use Permit for a mini-warehouse/self-storage in behalf ofM & M CONTRACTORS, INC., on South Lynnhaven Road and Lee Highlands Boulevard (ROSE HALL- DISTRICT 3) Recommendation: APPROVAL Application of R. MATTHEW McGEE for the discontinuance, closure and abandonment of a 15-foot alley at 654 South Atlantic Avenue (Croatan Beach), containing 750 square feet. (BEACH - DISTRICT 6) Recommendation: APPROVAL o Application of NEXTEL COMMUNICATIONS for a Conditional Use Permit for a wireless communications antenna on the property of DOMINION VIRGINIA POWER on the north side of Ansol Lane, west of Landmark Square, containing 994 square feet. (ROSE HALL- DISTRICT 3) Deferred: February 12, 2002 Recommendation: APPROVAL . Application of WOODFIN HEATING, INC., for a Conditional Use Permit for an automobile service station on the east side of First Colomal Road, north of Virginia Beach Boulevard, containing 41,817.6 square feet. (BEACH- DISTRICT 6) Recommendation: APPROVAL o Application of BLUE HORSESHOE TATTOO TWO, LTD. for a Conditional Use Permit for a tattoo studxo/body piercing facility at the northwest lntersectxon of London Bridge Road and Bowland Parkway (513 London Bridge Road), containing 1.272 acres. (BEACH- DISTRICT 6) Recommendation: APPROVAL o Applications for Conditional Use Permits at Central Drive and Quality Court (573 Central Drive): (BEACH- DISTRICT 6) VOICE STREAM WIRELESS for a monopole commumcation tower, contmmng 2,023 square feet of a 1.89 acre site b. JOSEPHINE PARKER for a bulk storage yard, containing 1.89 acres Recommendations: APPROVAL 7. City Zoning Ordinance (CZO): a. AMEND § 203 re vehicular parking requirements in the B-3A Pembroke Central Business Core District S taft Recommendation: Planning Commission Recommendation' DEFER for further study APPROVAL b. AMEND § 902 re special setback requirements for certain lots within the B-3 Central Business District Recommendation: APPROVAL Co Refer AMENDMENTS of §§ 1502 and 1507, re maximum building height and hotel density in the RT-1 Resort Tourist District to the Planning Commission for consideration and recommendation. Recommendation: ADOPTION L. UNFINISHED BUSINESS M. NEW BUSINESS 1. ABSTRACT OF CWIL CASES RESOLVED - January 2002 N. ADJOURNMENT ! 2002-2003 RESOURCE MANAGEMENT PLAN SCHEDULE ] City Manager's FY 2002-2003 Proposed Resource Management Plan Council Chamber March 26th Presentation 6 PM Council Workshop Economic Vitality, Safe Community, Policy and Decision Support Council Conference April 2nd room Council Workshop Quality Education for Lifetime Learning Council Conference April 9th room Council Workshop Quality Physical Environment & Operational Support Council Conference April 16th room Public Hearing Public Comment on Proposed FY 2002-2003 Resource Management Frank W. Cox High April 18th Plan School 7:00 PM Council Workshop Cultural & Recreational Opportunities, Family & Youth Council Conference April 23rd Opportunities room Couneil Workshop Reconciliation of outstanding resource issues Council Conference May 7th room Public Hearing Public Comment on Proposed FY 2002-2003 Resource Management Council Chamber May 7th Plan 6 PM Adoption of FY 2002-2003 City Couned Vote on Resource Management Plan Council Chamber May 14th Resource Management Plan (will include Public Hearing) If you are physically disabled or visually impaired and need assistance at this meeting, please call thc CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for thc Deaf) 02/22/02BAP AGENDA\02~26\02 www.virginla-beach.va.us o~ OUR NA'~°~ MINUTES VIRGINIA BEACH CITY COUNCIL V~rg~ma Beach, V~rg~n~a February 26, 2002 Mayor Meyera E OberndorjS, called to order the CITY ASSESSOR'S BRIEFING re REAL ESTATE ASSESSMENTS- FY2003 tn the Ctty Counctl Conference Room, City Hall Butldtng, on Tuesday, February 26, 2002, at 4 O0 P M Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Absent Wtlham W Harrtson, Jr Robert C Mandtgo, Jr [Entered 4 10 P M] [Entered 4 30 P M worktng on ctty bustness tn another bmldtng] -2- MA YOR 'S COMMENTS ITEM # 49265 Mayor Oberndorf welcomed and tntroduced the Mayoral Delegatton from the Stster Cay, Bangor, Northen Ireland lan Henry Mayor/Councillor Heather Henry Mayoress James Kilpatrick Senior Administrative Officer Paul Flanagan Principal St. Malachys Primary School Henry Cowan Principal Towerview Primary School Ivan Arbuthnot Head Master Priory College Heather Ferguson Teacher Priory College St Malachys Prtmary School and the Towervtew Prtmary School are twtned wtth Arrowhead Elementary School Prtory College ts twtned wtth Kempsvtlle Mtddle School February 26 2002 -3- CITYASSESSOR'S BRIEFING REAL ESTATE ASSESSMENTS - FY 2003 4:00 P.M. ITEM # 49306 Jeratd D Banagan, Real Estate Assessor, advtsed that on March I, 2002, the Assessor's Office wtll mad Notices of Assessment for the Fiscal Year 2003. Approxtmately 2% of all properttes wtll recetve a decrease tn assessment and approxtmately 86% will recetve an tncrease The projected FY 2003 Assessment of $25,205, 771,360 represents an 8 0% tncrease over the current assessment Each penny of the tax rate wtll generate $2,520,000 tn revenue for a total tax on $307,501,000 at the current rate of $1 22 The average assessment change for tndtvtdual properttes ts approximately +6 49%, however, thts figure vartes cltywtde, depen&ng on the age, type, quahty, classtficatton and locatton of the property Thts assessment change ts the htghest change since the mtd to late 1980's The average assessment change for restdenttal property ts +7 04% and for commerctal/tndustry property the average change ts +2 65% Apartments are approxtmately 12% with all being full and rents escalattng The average change for commerctal/tndustrtal ts +2 65% The office butldtngs are expertencmg shghtly more vacancies and there ts an abundance of retatl Some of the vacant "btg boxes" have an effect on "slowtng down" rents tn those categortes Average Residential Values Type Median Assessment Mean Assessment Change in Mean Single Family $127,900 $165,100 7. 7% Townhouse $ 69,200 $ 75,400 4.9% Low Rise Condominium $ 80,000 $112,200 8.6% High Rise Condo/Co-op $159,000 $162,900 12.3 % Duplex/Home with apartments $115,400 $206,000 11.8% All Residences $144,600 $146,600 7.6% Single Family Single family residents values have tncreased $13,000 from last year High Rise Condo/Co-op have increased $18, O00 from last year Overall all restdences mcreased by approxtmately $10,000. Mr Banagan &splayed a graphtc tndtcattng Percentage by Property Value Range Less than $ 50,000 $ 50,000- $ 75,000 $ 75,000- $100,000 $100,000- $150,000 $150,000- $200,000 $200,000- $250,000 $250,000-$350,000 Over $500,000 2% 14% 20% 33% 15% 6% 5% 2% Commerctal property has been on a steady dechne for a number of years Restdenttal, apartment and agrtcultural properttes comprtse 82.5% of the tax base wtth commerctal and tndustrtal properttes constttuttng 17 5% of the tax base New constructton for thepast twelve (12) months amount to $391,000,000, whtch ts an increase of 2 1%from the prevtous year Restdenttal new constructton tncreased by 0 9% whtle commerctal/tndustrtal new constructton tncreased by 6 0% Restdenttal new constructton amounts to 76 4% of the total yearly constructton, whtle commerctal/tndustrtal represent 23 6% Growth tn land, due to rezomngs and subdtvtstons, amounted to approxtmately $104,000 000 February 26 2002 -4- CITYASSESSOR'S BRIEFING REAL ESTATE ASSESSMENTS - FY 2003 ITEM # 49306 (Continued) The average assessed value of a new home ($229,500) has tncreased $10, O00 from last year There has been a 40% increase in the last six (6) years There were approximately eleven (ID homes worth over SI- MILLION. RESIDENTIAL NEW CONSTRUCTION Percentage by Property Value Range Residential Value Range Percentage of New Homes Under $100,000 4 1% $100,000 - $150,000 33 0% $150,000- $200,000 28 3% $200,000 - $250,000 12 2% $250,000 - $350,000 13 2% $350,000 - $500,000 6 3% Over $500,000 2 9% Growth and Appreciation/Depreciation (July 1 Land Book to July 1 Land Book) Fiscal Year 2002 to 2003 (Projected) Growth $ 434,566,683 1 9% Apprectatton $1,422,596,036 6 1% Assessment Increase $ I, 85 7,162, 719 8 0% Relattve Land Use Taxation Program, the number of acres ts constantly dechntng Last year, the average rolled back taxes were $ 400,395 on 240 acres Thts acreage went from farmtng to other uses Land Use Values Fiscal Year Agrtculture Forest 2003 (Proposed) $ 580 $ 4 70 2002 $ 660 $ 465 2001 $ 710 $ 465 2000 $ 640 $ 395 1999 $ 730 $ 375 1998 $ 650 $ 525 1997 $ 620 $ 430 1996 $ 600 $ 3 75 1995 $ 590 $ 360 1994 $ 570 $ 395 1993 $ 520 $ 375 The Real Estate Tax Exemption/Deferral/Freeze for Senior Citizens and disabled persons continues to grow each year Thts year there were 2,666 recipients ($2.4-MILLION) The average exemptton is $1,010, with the average freeze being $96 and the average deferral $1,187 (comprised of only two (2) individuals) February 26 2002 -5- CITY ASSESSOR'S BRIEFING REAL ESTATE ASSESSMENTS - FY 2003 ITEM # 49306 (Continued) Councd Lady Henley referenced correspondence from a gentleman whtch tn&cated hts expenses tnclu&ng prescrtptton drugs etc He was one of those m&vtduals tn the percentage of exempttons He tnqutred why the percentage of exemptton could not be htgher Asststant Ctty Attorney Larry Spencer responded the City has the abthty to estabhsh thts percentage Mr Banagan advtsed the state statue estabhshes a hmtt of income and net worth, whwh ts constderably htgher and ts wrttten for the enttre state (tnclu&ng Northern Vtrgmta) The Ctty Counctl, approxtmately three years ago, estabhshed a governmental cost of living index on the limits of income and net worth. Mayor Oberndorf referenced correspondence from a representative of the Disabled American Veterans, who requested the Ctty Counctl recogmze the veterans who are destgnated by the Federal Government as totally disabled and defer these veterans from the real estate tax Vtce Mayor Sessoms advtsed the City Manager had responded to thts ctttzen some ttme ago Mayor Oberndorf advtsed the response &d not satisfy the concerns of thts ctttzen Mr Banagan advtsed the hmtts currently are $32,800 in income and $108,800 net worth, which excludes the value of the house with an additional $ 7, 500 exclusion for disabled persons Mr Banagan advtsed sales compartsons tn the neighborhood are utthzed for the residential real estate assessments. The City ts &vtded into approximately 900 neighborhoods As the City ts a mthtary town, tt ts very transtent The last two years of sales will be revtewed Counctlman Branch tnqutred relattve the procedure for ctttzens &sputtng thetr assessments Mr Banagan advtsed the ctttzen should contact the Assessor's office Thetr property record wtll be pulled and revtewed wtth the ctttzen to vertfy whether the tnformatton ts correct, and tf there ts any tnformatton whtch mtght have a negattve tmpact on thetr property value, whtch the Assessor's office ts not aware Compartsons of sale prtces tn the netghborhood wtll be supphed If thts ts not sattsfactory, a Board of Equahzatton, appotnted by the Court, revtews appeals of property owners There were only three hundred sixty (360) appeals last year and fifleen (15) went to the Board Mr Banagan advtsed Mayor Oberndorf the assessments are on hne - www vbgov corn The ctttzen can access the system by property address, which wtll deptct the assessment as well as perttnent data relattve the home descrtptton, square footage, year bmlt, quahty tncrement, et cetera Mr Banagan advtsed state statutes requtre ctttes over 40, O00populatton to appratse at least every two (2) years and tt ts a local optton for the Ctty to make thts an annual re-assessment All major ctttes tn the Commonwealth of Vtrgtnta appratse on an annual basts There are very few ctttes whtch appratse on a bt-annual basts Stnce 1972, the Ctty's assessments have been performed on an annual basts Some properttes do not apprectate as fast as others Prtor to 1972, there was not an Assessor's office, but assessments are under the &rectton of the Commtsstoner of the Revenue The State Department of Taxatton assessed on a multt-year cycle Mr Banagan advtsed hts responstbthty ts to equalize the tax burden. Mr Banagan advtsed very few homes actually sell for less than the assessment The current ratio is 92% There are neighborhood where the teartng down of homes and replactng them wtth more valuable ones ts becomtng more frequent t e South Beach, North Beach, along Shore Drtve and waterfrontproperttes Some of the 1960 's and 19 70's homes are bemg demohshed as the waterfront lots are very valuable These ctrcumstances would be factored mto assessment values Counctl Lady Wtlson advtsed Vtrgtnta Beach ts a "sellers' market" There ts not a tremendous tnventory of real estate for sale Homes on the market sell very qutckly and some for very htgh prtces There ts some new constructton, but not much tn the older porttons of the City All of these factors mcrease appreciation The majortty of ctttzens would not sell at the assessed value Mr Banagan advtsed efforts of Ctty Counctl have resulted tn postttve results for netghborhoods Sandbrtdge, whtch had sat dormant for approxtmately fifteen (15) years ts now expertenctng great apprectatton Under the &rectton of Andy Frtedman, housmg and netghborhood preservatton have affected netghborhoods through vartous programs whtch have expertenced mcrease tn property values Counctl Lady Parker ctted an example of Princess Anne Plaza townhouse sectton had an improvement of 79% Council Lady Parker congratulated the Ctty Manager and his staff on the improvements and reduction of crtme tn thts area Counctlman Man&go apologtzed for betng late, as he was tnvolved tn Ctty bustness although tn another butldtng As Mr Banagan provtded advance coptes of netghborhood assessments, he was able to share these tn the past ten (10) days wtth three &fferent netghborhoods Larkspur was exctted about thetr assessments mcreastng Counctlman Man&go &rected the restdents to the Ctty's webstte Mr Banagan advised information will be placed tn the Libraries and Recreatton CentersJor contacting the Real Estate Assessor February 26 2002 -6- AGENDA RE VIEWSESSION 4:43 P.M. ITEM # 49307 J3 Ordtnance to APPROPRIATE $10,000 Fund Balance and $4,000 addtttonal revenue from the Francis Land House Board of Trustees Trust Fund to the FY 2001-02 operattng budget of the Department of Museums and Cultural Arts -Francts Land House re board sponsored events, and, esttmated revenue from local sources be increased accordtngly Counctl Lady McClanan tnqutred whether payments were still betng made for the Docents of the Thoroughgood House from the Francis Land House funds The Ctty ts utthztng the same staff at Francts Land House Counctl Lady McClanan requested clartficatton The Ctty Manager advtsed thts approprtatton would not be utthzed for the Thoroughgood House The Ctty Manager advtsed funds were being dispersed from the Cultural and Museums budget for the Thoroughgood House and he would provtde spectfic tnformatton relattve fundtng Counctlman Jones tnqutred tf the Ctty had considered the posstbthty of the ownershtp of the Thoroughgood House Mayor Oberndorf referenced restdents have expressed thetr destre to make the Thoroughgood House part of the Ctty's htstortcal homes Thts Ctty bears the cost to preserve and make available the Thoroughgood House to the pubhc Mayor Oberndorf tnqutred tf negottattons could commence wtth the Chrysler Museum regar&ng ownershtp The Ctty Manager shall advtse ITEM # 49308 J 60rdtnance re temporary encroachments tnto the Cay's rtght-of- ways Kent Lane by CHARLES P. and JUANITA U. FLETCHER, re allowtng extsttng spht rad fenctng, underground water sprtnkhng system and landscaptng at 1200 Kent Lane (L YNNHA VEN - DISTRICt 5) Counctl Lady Eure tnqutred when ctttzens butld on the Ctty's rtght-of-way ts there a penalty? The Ctty Attorney advtsed tf Ctty Counctl does not approve the encroachment, the apphcant wtll be required to remove thts encroachment, at thetr own expense Counctl Lady Eure beheves thts property should be sold to the apphcant The Ctty ts solvtng netghborhood problems Vtce Mayor Sessoms satd tn thts parttcular netghborhood, the other property owners are bastcally tn the same sttuatton In the 1950's and 1960's, residents wouldplace shrubs and fences tn the Ctty's rtght-of-way whtchjust became part of the landscape The Cay Attorney advtsed there are encroachments where the Ctty has no use for the property The Real Estate dtvtston, tn thts case, seeks to sell the property rather than grant the encroachment In other cases, however, there may be a dratnage easement, an access easement or somethtng of that nature for whtch the Ctty may have a future use, so the Ctty ts not wtlhng to grant 'fee stmple" The restdent then takes an encroachment whtch states that tf the Ctty gtves nottce, the encroachment must be removed wtthtn thtrty (30) days In recent years, the Ctty has trted to avotd permanent structure encroachments (t e tnground swtmmtngpools/butl&ngs), whtch are not eastly removed The Ctty Attorney beheves Real Estate feels there ts a need for the City to conttnue owntng thts property ITEM # 49309 BY CONSENSUS, the followtng shall compose the CONSENT AGENDA: ORDINANCES/RES OL UTION J1 Ordtnance to AMEND and REORDAIN ~ 10-1 of the Ctty Code to change the polhng place for the Red Wtng Prectnct from the ]7,ii_¢ ,'v .......... ,,~ , ,,,,,,,,~; ,~,,,~, to the Seatack Elementary School at 912 South Btrdneck Road February 26 2002 -7- AGENDA RE VIEW SESSION ITEM # 49309 (Continued) J 20rdtnances re grants from the Vtrgtnta Department ofCrtmtnal Justtce Servtces ACCEPT and APPROPRIATE $78,442 under the Juventle Accountabthty lncenttve Block Grantprogram (JAIBG), TRANSFER $8,716 from the General Fund Reserve for Contmgenctes-Grant Match to the FY 2001-02 operating budgets of the Departments of Juventle Probatton and Parks and Recreatton re continued education for juveniles under court supervtston and an inter-agency information sharingprogram, (contingent upon the avatlabthty of the federal block grant), and, esttmated revenue from the federal government be increased accordingly bo A CCEPTandAPPROPRIA TE $46,661 to the FY 2001-02 operattng budget of the Pohce Department re dedicated domestic violence prevention; and, esttmated revenue be tncreased accordtngly J3 Ordinance to APPROPRIATE $10,000 Fund Balance and $4,000 addtttonal revenue from the Francis Land House Board of Trustees Trust Fund to the FY2001-02 operatmg budget of the Department Museums and Cultural Arts -Francts Land House re board sponsored events, and, esttmated revenue from local sources be mcreased accordmgly J4 Ordtnance to TRANSFER $240,000 from the Sheriff's Correctton Center sprtnMer system to the Law Enforcement Training Academy, re the Pohce and Shertff's accelerated constructton schedule J 5 Ordinance to TRANSFER $125, O00from vartousprojects wtthtn the FY2001-02 Capttal Improvement Program to the Seatack Elementary School re fundtngfor closeout of the followtng projects a Kellam Htgh School Auxthary Gymnasmm b W T Cooke Elementary School c ADA Modtficattons d Renovattons, replacements, re-roofing, tndoor att quahty and vartous stte acqutstttons J 60r&nances re temporary encroachments tnto the Ctty's rtght-of- ways 60-foot dratnage easement, known as Mtll Pond, by PA TRICK G. and ANNA L. ENSLEY, re constructing and matntatntng a pter, moortng ptles, and a boat ramp at 364 Back Bay Crescent (PRINCESS ANNE - DISTRICT 7) Pump station stte at 2677 West Neck Parkway by DA VID E. MILLER re constructtng and matntatntng a wood deck and hot tub at 3125 Amador Drtve (PRINCESS ANNE - DISTRICT 7) Utthty and dratnage easement wtthtn Lake Trashmore (approved by the Ctty tn 1981) and a portion of Ctty-owned property by JANET L. RO WLANDS re matntatntng an extsttng tn-ground pool, related concrete pool deck and spht rail fence at 4033 West Colomal Parkway (ROSE HALL- DISTRICT 3) J 7 Resolutton re TIDEWATER REGIONAL GROUP HOME COMMISSION'S plan to apply for Juvenile Community Crime Control Act (VJCCCA) funding on a Commtsston-wtde basts tnstead of an tndtvtdual locahty basts, and, dtrectmg the Ctty Manager to parttctpate tn the development of thts regtonal Plan wtth the Commtsston conttnutng as the fiscal agent for all operattons of the Home February 26 2002 -8- AGENDA RE VIE W SESSION ITEM # 49310 K 1 MODIFICATION OF CONDITIONS TWO and THIRTEEN placed on the July 3, 2001, approved Con&ttonal Use Permtt_£or a mtnt-warehouse/self-storage tn behalf of M & M CONTRACTORS, INC., on South Lynnhaven Road and Lee Htghlands Boulevard (ROSE HALL - DISTRICT 3) Council Lady McClanan expressed concern as she beheves the apphcatton was to utthze the buffer (fence) adjacent to the Brookwood Elementary School She has no problem wtth the removal of the two condtttons, but the fence ts not menttoned Council Lady Eure expressed concern as there are no spectfied hours of operatton and how the customers are to enter the property tf no one ts present at the factltty The hours should be spectfied, tf the apphcatton ts to be reduced from 24- to 12-hours per day When the facthty ss rented, the customer should know the specific hours of operatton Stephen Whtte, Planntng, advtsed any ttme the office manager ts not present, thts facthty wtll be closed and not accesstble ITEM # 49311 K 2 Apphcatton of R. MA TTHEWMcGEEfor the dtsconttnuance, closure and abandonment of a 15-£oot alley at 654 South Atlanttc Avenue (Croatan Beach), contatntng 750 square feet BEACH- DISTRICT 6) Counctlman Branch referenced a letter to the E&tor tn The Beacon from a cttlzen who believed the City dtspostng of thts 15-foot alley would hinder beach access This ss not the case Thts alley runs north/south, not east/west There ss no connecttvtty to the Beach from anypubhc area Thts adjotns two small lots to make one lot Counctl Lady McClanan beheves thts ctttzen should recetve a wrttten response Council Lady Parker requested tnformatton relative the amount of fundtng tn the account concerntng "Policy Regarding Purchase of City's interest in Streets Pursuant to Street Closures" and where these funds wtll be utthzed The Ctty Manager shall revtew and advtse ITEM # 49312 K 4 Apphcatton of WOODFINHEA TING, INC., for a Condtttonal Use Permttfor an automobtle servtce statton on the east stde of Ftrst Colonial Road, north of Vtrgtnta Beach Boulevard, contatntng 41, 817 6 square feet (BEA CH- DISTRICT 6) Counctlman Branch advtsed the apphcant has requested DEFERRAL until the City Council Session of March 12, 2002. February 26 2002 -9- AGENDA RE VIEW SESSION ITEM # 49313 K 5 Apphcatton of BLUE HORSESHOE TATTOO TWO, LTD. for a Condtttonal Use Permit for a tattoo studto/bod¥ pterctng factht_¥ at the northwest tntersectton of London Bridge Road and Bowland Parkway (513 London Brtdge Road), contatntng 1 272 acres (BEACH- DISTRICT 6) Counctl Lady McClanan tnqutred why the Ctty ts allowtng a stgn to be placed tn a wtndow Mr Whtte advtsed Condttton No 3 states No stgnage more than four (4) square feet of the enttre glass area of the extertor wall(s) shall be permttted on the wtndows There shall be no other stgns, tncludtng neon signs or neon accents tnstalled on any wall area of the extertor of the butldtng, wmdows and/or doors Thts ts a very small stgn Thts hmtts the stgnage of the bustness If there ts a multt-tenant stgn, the apphcant could place thetr name on thts szgn Counctl Lady McClanan also tnqutred as thts ts located close to Lynnhaven Mall, tt should have the same operattng hours as the Mall Mayor Oberndorf referenced the status of the proposed legtslatton of Delegate McDonald relattve tattoo parlors. Deputy Ctty Attorney Macah advtsed the House of Representatives passed an amended verston of the Btll whtch bastcally provtded that the Board of Barbers and Cosmetologtsts would have regulatory powers over tattoo/body piercing establishments Thts legtslatton also spectfied the ordtnance would not be effective until 2004. The Senate ts constdermg the Btll, which has been tn Commtttee for a fiscal tmpact study as thts would require a State Board to undertake the regulations The Btll does not hmtt the locahttes zontng authortty concerntng these estabhshments The Ctty Attorney advtsed the Ctty of Chesapeake ts argutng thetr case relattve a ban on tattootng before th e Vtrgtnta State Supreme Court tomorrow, February 27, 2002 Counctl La&es Eure and McClanan wtll vote a VERBAL NAY ITEM # 49314 K 7 Ctty Zontng Or&nance (CZO) a AMEND 3~ 203 re vehicularparking requirements tn the B-3A Pembroke Central Bustness Core Dtstrtct b AMEND 3~ 902 re special setback requirements for certatn lots wlthln the B-3 Central Business Dtstrtct Refer AMENDMENTS of 3~ 1502 and 1507, re maximum building height and hotel density tn the RT-1 Resort Tourist District to the Plannmg Commtsston for constderatton and recommendatton Vtce Mayor Sessoms advtsed re K 7 a the Ctty Staff requests INDEFINITE DEFERRAL for further study Counctl Lady Henley requested tnformatton be provtded relative this width of spaces in parking garages Robert Scott, Dtrector of Planmng, advtsed none of the parktng contemplated tn the amendment refers to "on ground" parktng It strtctly refers to garage parking Mr Scott noted a typographtcal error tn the Verbattm of the Planning Commtsston relattve the stze of theparktng spaces tn MacArthur Center Mr Scott advtsed the stze of each space ts 8foot 10 inches wide, not 10',. Vtce Mayor Sessoms, Counctl Members Harrison and Jones shall ABSTAIN on Item K 7 a/b February 26 2002 -lO- AGENDA RE VIE W SESSION ITEM # 49315 B Y CONSENSUS, thefollowtng shall compose the PLANNING B Y CONSENT AGENDA: K2 Apphcatton of R. MA TTHEWMcGEEfor the dtsconttnuance, closure and abandonment of a 15-_foot alley at 654 South Atlanttc Avenue (Croatan Beach), contammg 750 square feet BEACH- DISTRICT 6) K3 Apphcatton of NEXTEL COMMUNICATIONS for a Con&ttonal Use Permtt_for a wireless communications antenna on the property of DOMINION VIRGINIA POWER on the north stde of Ansol Lane, west of Landmark Square, contatntng 994 square feet (ROSE HALL - DISTRICT 3) K4 Apphcatton of WOODFIN HEA TING, INC., for a Condtttonal Use Permtt for an automobtle servtce statton on the east stde of Ftrst Colontal Road, north of Vtrgtnta Beach Boulevard, contatntng 41, 817 6 square feet (BEA CH- DISTRICT 6) K5 Apphcatton of BL UE HORSESHOE TA TTO0 TWO, LTD. for a Condtttonal Use Permtt for a tattoo studto/bod¥ pterctng factht¥ at the northwest mtersectton of London Brtdge Road and Bowland Parkway (513 London Bridge Road), containing 1 272 acres (BEA CH- DISTRICT 6) Apphcattons for Con&ttonal Use Permtts at Central Drtve and Quaht¥ Court (573 Central Drtve) (BEACH- DISTRICT 6) a VOICE STREAM WIRELESS for a monopole communication tower, contatntng 2, 023 square feet of a 1 89 acre stte b JOSEPHINE PARKER for a bulk storage?ard, contatntng 1 89 acres K 7 Ctty Zomng Ordtnance (CZO) a AMEND ~ 203 re vehicularparking requirements tn the B-3A Pembroke Central Bustness Core Dtstrtct b AMEND 3~ 902 re special setback requirements for certatn lots wtthtn the B-3 Central Business Dtstrtct Refer AMENDMENTS of 3~3~ 1502 and 1507, re maximum building height and hotel density tn the RT-1 Resort Tourist District to the Planmng Commtsston for constderatton and recommendation Item K 4 wtll be DEFERRED, BY CONSENT, untd the Ctty Counctl Sesston of March 12, 2002 Mayor Oberndorf and Counctl Lady McClanan wtll vote NAY on Item K 5 Item K 7a wtll be INDEFINITELY DEFERRED, BY CONSENT Vtce Mayor Sessoms, Counctl Members Harrtson and Jones wtll ABSTAIN on Item K. 7a/b February 26 2002 -Il- CITY COUNCIL COMMENTS 5:08 P.M. ITEM # 49316 Mayor Oberndorf referenced the proposed changes in the FY 2002-2003 Resource Management Plan Schedule. BY CONSENSUS, Ctty Councd CANCELED the May 7, 2002, City Council Session The first Tuesday of the month of May ts the Councdmamc Electron The City Council Workshop for reconciliation of outstanding resource issues shall be rescheduled to May 9, 2002 The Public Comment on the proposed FY 2002-2003 Resource Management Plan shall be rescheduled to Aprtl 23, 2002, at 6 O0 P M I 2002-2003 RESOURCE MANAGEMENT PLAN SCHEDULE City Manager's FY 2002-2003 Proposed Resource Management Plan Councd Chamber March 2ifh Presentatton 6 PM Council Workshop Economic Vitality, Safe Community, Pohcy and Decision Support Councd Conference April 2nd room Councd Workshop Quality Educatton for Ltfettme Learntng Council Conference Aprtl 9th room Councd Workshop Quahty Physical Environment & Operational Support Councd Conference April 16th room Public Heanng Pubhc Comment on Proposed FY 2002-2003 Resource Management Frank IV. Cox High April lgn Plan School 6:00 PM Councd Workshop Cultural & Recreational Opportuntttes, Famdy & Youth Councd Conference Aprt123rd Opportunittes room Pubhc Heanng Pubhc Comment on Proposed FY 2002-2003 Resource Management Councd Chamber Aprt123rd Plan 6 PM Councd Workshop Reconcthatton of outstandtng resource issues Councd Conference May 9th Room Adoption of FY 2002-2003 Ctty Council Vote on Resource Management Plan Councd Chamber May 14tn Resource Management 6:00 P M. Plan (wall tnclude Pubhc Heanng) ITEM # 49317 Mayor Oberndorf referenced proposed dates for the City Council Retreat Because of conflicts regardtng the dates of Saturday, March 16 or Friday, Aprtl 5, 2002, Ctty Councd 's prevtous commitments and the City Manager was requested to contact Lyle Sumek for a possible date tn May after the Councilmanic Elections ITEM # 49318 Councd Lady Wdson referenced requests of John T Atktnson, Ctty Treasurer, and Phthp J Kellam, Commtsstoner of Revenue, to speak concermng the pros and cons of the tssue regar&ng City decals The Ctty Manager advtsed the staff report ts scheduled for the City Councd Session of March 12, 2002 A pohcy report shall be furntshed prtor to the presentatton The City Treasurer and Commissioner of the Revenue have been tnvolved tn the process The Ctty Manager advtsed the staff has conducted regtonal meettngs to coordtnate this tssue wtth the other ctttes and ts ready to make a recommendatton Mayor Oberndorf advtsed thts ts an enforcement tssue Vtce Mayor Sessoms suggested correspondence be forwarded to the Commtsstoners of Revenue and Treasurers wtthtn the region to coordtnate thts issue Mayor Oberndorf advtsed the mthtary famdtes pay $100for Ctty decals, so they would not be harassed concermng enforcement tn other locahttes The City Staff's report shall be presented on March 12, 2002 The Czty Treasurer and Commtsstoner of the Revenue wall be tnvtted to attend and may, tf they destre, speak concermng thts tssue February 26 2002 - 12- CITY COUNCIL COMMENTS ITEM # 49319 Counctl Lady Eure referenced the Ctty Manager's tnformatton concermng possession of over 1,000 cell phones by City employees. Counctl Lady Eure advtsed she does not have a cell phone owned by the Ctty The Ctty Clerk advtsed Counctl Members do not have Ctty cell phones Mayor Oberndorf advtsed she only requests retmbursements for calls tnvolvtng ctty bustness (ctttzens, Counctl Members, press) ITEM # 49320 Counctl Lady Eure referenced further tnformatton recetved from the Virginia Municipal League (VML). "We ftre, you htre The House includes budget language requtrtngpohttcal subcttvtstons to htre state employees who are mvoluntartly separated for vacanctes tn State supported local postttons under these condtttons" Counctl Lady Eure satd the conchttons were hsted If thts tnformatton ts proposed tn the legtslatton, Counctl Lady Eure wtshed the Ctty Counctl to take a posttton not to htre state employees, who are fired Council Lady Eure requested Robert Matthtas, Asststant to the Ctty Manager, advtse our General Assembly representattves Mayor Oberndorf satd the Ctty cannot be expected to fund the gap The Ctty Manager advtsed the City has gone on record oppostng thts Btll as well as other stmtlar ones ITEM # 49321 Counctl Lady Parker referenced attendance Saturday, February 23, 2002, at a local pohttcal meeting A Btll had been tntroduced to have party tdenttficatton for elected offictals tn the Counctlmantc electrons Apparently thts tssue was ratsed as ctvtl servtce employees mtght not be able to run if they had to declare party tdenttficatton ITEM # 49322 Randall Arendt, one of the natron's leachng authortttes on conservatton design, held a Conservatton Destgn Workshop at the Hampton Roads Planntng Dtstrtct Commtsston (HRPDC) on September 1 O, 2001 Counctl Lady Parker attended Saturday, February 23, 2002, the third tn a series of Arendt's workshops entttled "Rule By Design" at the HRPDC tn Chesapeake Mr Arendt took two (2) scenartos, one at the Southern end of the Ctty off Blackwater Road and an urban destgn tn Chesapeake to show what could be done wtth a creattve process tn land use tssues Counctl Lady Parker recommended a stmtlar Workshop be scheduled for Ctty Counctl which would also be attended by ctttzens and land developers Mr Arendt's cost ts $2,500 per day He has worked wtth the ctttes, prtvate developers, planners and archttects to devtse concepttonal development plans for subdtvtstons wtthtn the Southern Watershed The Ctty Counctl wtll be confronted wtth some major land use tssues regardtng the Transttton Area Counctl Members Parker and Henley attended all three of the sertes of Workshops Counctl Lady Henley concurred Mr Arendt's concept ts exactly what the City ts anttctpattng for the Transition Area A Planner or Landscape Archttect should be tn attendance at the first prehmtnary design wtth the engmeer brought tn later The destgn ts crtttcal and should be the tssue Vtce Mayor Sessoms suggested the Workshop be chvtded tnto two sesstons (mormng and afternoon) The Ctty Manager shall contact Mr Arendt and schedule thts Workshop as soon as feastble February 26 2002 - I3- CITY COUNCIL COMMENTS ITEM # 49323 Counctlman Man&go acknowledged an arttcle tn The Vtrgtntan Ptlot, Saturday, February 23, 2002, relattve Vtrgmta Beach betng the Safest City of its size. Councilman Man&go commended the Pohce Chtef and hts department, as well as the citizens ITEM # 49324 Councilman Man&go acknowledged the death of Robert Clyburn, former Council Member representing the Kempsvtlle Borough (DtstrtcO Several members attend hts funeral on Sunday, February 24, 2002 Counctlman Man&go was htred as a htgh school student to be Mr Clyburn 's dehvery boy at the Pharmacy Counctlman Clyburn was an acttve member of the Commumty and also served on the School Board When the regular dehvery car was tn the garage, he was an opttmtst and entrusted hts dehvery boys wtth hts 1968 Ford Mustang Mayor Oberndorf advtsed an arttcle commemorattng hts extraor&nary accomphshments wtll be pubhshed tn the Vtrgmtan Ptlot It was Counctlman Clyburn's vtston for Vtrgtnta Beach to have a four-year college He never looked for glory He was a graduate of the Me&cal College of Vtrgtma, as was the Mayor's mother He never said a negative word about any tn&vtdual The residents of Kempsvdle have lost a part of thetr famtly February 26 2002 - 15- ITEM # 49326 Mayor Meyera E Oberndorf entertatned a motion topermtt Ctty Council to conduct its CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgmta, as amended, for the fol[owmg purpose PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real property for a pubhc purpose, or of the dtsposttton of pubhcly-held real property, where dtscusston tn an open meettng would adversely affect the bargatntngposttton or negottattng strategy of the pubhc body pursuant to Sectton 2 1-344(A)(3) Acqutsttton of Property -Lynnhaven Dtstrtct Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Counctl voted toproceed into CLOSED SESSION. Voting I 1-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Ig'tlham W Harrtson, dr, Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, gtce Mayor Wtlham D Sessoms, dr and Rosemary I~tlson Counctl Members Vottng Nay None Counctl Members Absent None (Time of Closed Session: 5:40 P.M to 5:50 P.M.) February 26 2002 -16- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL February 26, 2002 6:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Council Chamber, City Hall Butldtng, on Tuesday, February 26, 2002, at 6 O0 P M Council Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, dr, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wdham D Sessoms, dr and Rosemary Wdson Counctl Members Absent None INVOCATION Reverend d D Norrts, dr Vtrgtnta Beach Freewtll Bapttst 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 whtch recently merged wtth Ftrst Umon National Bank, wtth the exceptton of 7a/b (CZO re B-3 Central Bustness Dtstrtc0 on whtch he wtll ABSTAIN 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 February 5, 2002, ts hereby made a part of the record February 26 2002 Item V-E. INTR OD UCTION -17- ITEM # 4932 7 Mayor Oberndorf tntroduced the Mayoral Delegatton from the Sister City, Bangor, Northen Ireland Ian Henry Mayor/Councillor Heather Henry Mayoress James Kilpatrick Senior Administrative Officer Paul Flanagan Principal St. Malachys Primary School Henry Cowan Principal Towerview Primary School Ivan Arbuthnot Head Master Priory College Heather Ferguson Teacher Priory College Mayor Oberndorf presented to the Mayor and Mayoress the key to the City. Mayor Oberndorf wtshed them to always think of Vtrgtnta Beach as their second home Mayor Henry has been mvtted by Sister Cities Internattonal (SC[) to parttctpate tn theiR Dtsabthttes program and has met wtth Bob Barnaby, Chatrman of the Mayor's Commtttee for Dtsabled Persons Mayor Henry expressed apprectatton to the Mayor for her ktndness and hospttahty He was honored to be lea&ng the teachers' delegatton to the schools Thts ts hts first opportumty to be tn Vtrgtnta Beach and he ts both thrilled and impressed He ts hoptng more exchange trtps wtll result He ts hoptng Mr Barnaby wtll hnk with the SCI Committee tn Washington, D C February 26 2002 Item V-E.2. - 18- INTR OD UCTION ITEM # 49328 Mayor Oberndorf recogmzed the followtng Boy Scouts tn attendance who are worktng on thetr communication and citizenship tn the communtty badge BOYSCOUT TROOP 443 Sponsored by Church of Latter Day Saints Mark Goodeil Scoutmaster February 26 2002 Item VoE. 1. - I9- CERTIFICATION OF CLOSED SESSION ITEM # 49329 Upon motion by Councd Lady Parker, seconded by Counctlman Man&go, City Councd CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc business matters lawfully exempted from Open Meettng requtrements by Vtrgtnta law were &scussed tn Closed Sesston to whtch thts certtficatton resolutton apphes, AND, Only such pubhc bustness matters as were tdenttfied tn the motton convemng the Closed Sesston were heard, dtscussed or constdered by l, Srgtnta Beach Ctty Council Vottng 11-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None February 26 2002 OUR t~,~ RESOLUTION 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 # 49326, page 15, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS' Section 2 2-3711(A) of the Code of V~rg~ma requires a certification by the govermng body that such Closed Session was conducted ~n conformity w~th V~rg~ma law. NOW, THEREFORE, BE IT RESOLVED: That the Virg~ma Beach C~ty Councd hereby certffies that, to the best of each member's knowledge, (a) only pubhc bus~ness matters lawfully exempted from Open Meeting reqmrements by Virginia law were d~scussed ~n Closed Session to which th~s certfficat~on resolution apphes; and, (b) only such pubhc bus~ness matters as were ~dentffied ~n the motion convemng th~s Closed Session were heard, d~scussed or considered by V~rglma Beach City Councd. -'l~uth HodgeffSmlth, MMC C~ty Clerk February 26, 2002 - 20 - Item V-F. 1. MINUTES ITEM it 49330 Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Parker, Ctty Counctl APPROVED the Mtnutes of the INFORMAL AND FORMAl, SESSIONS of February 12, 2002 Vottng 11-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr, 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 February 26 2002 -21 - Item V-G.I. ADOPT AGENDA FOR FORMAL SESSION ITEM # 49331 B Y CONSENSUS, Ctty Counctl ADOPTED: AGENDA FOR THE FORMAL SESSION February 26 2002 - 22 - Item V-H. 1. PUBLIC HEARING ITEM # 49332 Mayor Oberndorf DECLARED A PUBLIC HEARING: ELECTION DISTRICT- Red Wing Precinct There betng no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING February 26 2002 Item V-I. 1. - 23 - PROCLAMATION ITEM tt 49333 Mayor Oberndorf PROCLAIMED: February 26, 2002 Virginia State Parks Day The Vtrgtnta State Park System was recently bestowed the National Gold Medal Award for Excellence tn Park and Recreation Management by the National Sporting Goods Association's Sports Foundation, Inc., tn cooperatton wtth the National Recreation and Park Association Vtrgtnta ts only the thtrd state to recetve thts most presttgtous btenntal award for outstandtng park, recreatton and letsure servtces to ctttzens, Vtrgtnta emerged as the Grand Wtnner based upon improvement, servtce, conttnutng development, future planntng, a parttctpant tnvolvement and commumty acceptance Hatled as the Best tn Amertca, the Vtrgtnta State Parks system features two beauttful locattons tn the Ctty of Vtrgtnta Beach, tncludtng First Landing State Park, its Chesapeake Bay Center and False Cape State Park. Fred Hazelwood, Dtstrtct Manager- Ftrst Lan&ng State Park, ACCEPTED the PROCLAMATION, accompanted by Kyle Barber, Park Manager - False Cape State Park, and volunteers Commander Fred Burrell and Chuck Traub February 26 2002 Item V-I. - 24- ORDINANCES/RES OL UTION ITEM # 49334 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ~4PPROVED IN ONE MOTION, Ordtnances/Resolutton 1, 2a/b, 3, 4, 5a/b/c/d, 6a/b/d and 7 of the CONSENT~4GEND~4. Voting 1 I- 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, Meyera E Oberndorf, Nancy K Parker, Vtce Mayor ~tlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Council Members Absent None February 26 2002 Item V-I. 1. - 25 - ORDINANCES/RES OL UTION ITEM # 49335 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, C~ty Councd ADOPTED: Ordtnance to AMEND and REORDAIN ~ lO-1 of the Ctty Code to change the polhng place for the Red Wtng Prectnct from the Fire~, to the Seatack Elementary School at 912 South Btrdneck Road (BEACH- DISTRICT 6) Vottng 11- 0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Meyera E Oberndorf Nancy K Parker, Vzce Mayor Wtlham D Sessoms, Jr and Rosemary Wilson Counctl Members Vottng Nay None Counctl Members Absent None February 26 2002 AN ORDINANCE TO AMEND AND REORDAIN CITY CODE ~ 10-1 BY MOVING THE POLLING PLACE FOR THE RED WING PRECINCT SECTION AMENDED: ~ 10-1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 10-1 of the City Code is hereby amended and 9 reordained to read as follows: 10 Sec. 10-1. Establishment of precincts and pollzng places. 11 There are hereby establzshed in the city the following precincts 12 and their respective polling places, as set forth below: 13 Precinct Polling Place 14 Alanton Alanton Elementary School 15 Aragona Kemps Landing Magnet School 16 Arrowhead Arrowhead Elementary School 17 Baker Heritage United Methodist Church 18 Bayside Bayside Elementary School 19 Bellamy Salem Middle School 20 Blackwater Blackwater Fire Station 21 Bonney Center for Effective Learning 22 Brandon Brandon Middle School 23 Brookwood 24 Buckner Brookwood Elementary School Holy Spirit Catholic Church 25 Cape Henry 26 27 28 Capps Shop 29 Centerville 30 Chesapeake Beach Research and Enlightenment Building (Edgar Cayce Library) P.A. Mosquito Control Building Centerville Elementary School Bayside Baptist Church 31 College Park 32 Colonial 33 Colony College Park Elementary School Colonial Baptist Church Lynnhaven Colony Congregational Church 34 Courthouse Courthouse Fire Station 35 Creeds Creeds Fire Station 36 37 38 39 40 41 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 Culver Dahlia Davis Corner Eastern Shore Edinburgh Fairfield Foxfire Glenwood Great Neck Green Run Hilltop Holland Homestead Hunt Indian Lakes Kings Grant Kingston Lake Smith Landstown Larkspur Linkhorn London Bridge Lynnhaven Magic Hollow Malibu Mt. Trashmore North Beach Ocean Lakes Ocean Park Oceana Old Donation Ocean Lakes High School Green Run High School Bettie F. Williams Elementary School Eastern Shore Chapel St. Aidan's Episcopal Church Fairfield Elementary School Princess Anne Middle School Glenwood Elementary School Ail Saints Episcopal Church Green Run Elementary School Good Shepherd Lutheran Church Holland Elementary School Providence Presbyterian Church Princess Anne Recreation Center Indian Lakes Elementary School St. Nicholas Catholic Church Kingston Elementary School Bayside Church of Christ Landstown Communzty Church St. Andrews United Methodist Church Virginia Beach Community Chapel London Bridge Baptmst Church Grace Bible Church Roma Lodge No. 254 Malibu Elementary School Windsor Woods Elementary School First Baptmst Church of Virginia Beach Ocean Lakes Elementary School Bayside Christian Church Scott Memorial United Methodist Church Old Donation Center for Gmfted 67 Pembroke 68 Plaza 69 Point O'View 70 Providence 71 Red Wing 72 Pembroke Elementary School Lynnhaven Elementary School Kempsville Church of Christ Kempsville Recreation Center Fire Tzaining Center Seatack Elementary School 73 Rosemont Forest 74 Roundhill Rosemont Forest Elementary School Salem High School 75 Rudee 76 77 78 Salem Virginia Beach Volunteer Rescue Squad Building Salem United Methodmst Church 79 Seatack Seatack Communmty Recreation Center 80 Shannon Church of the Ascension 81 Shell Unity Church of Tidewater 82 Shelton Park Shelton Park Elementary 83 Sherry Park 84 Sigma St. Matthews Catholic Church St. John the Apostle Catholic Church 85 South Beach Contemporary Art Center of Virginia 86 Stratford Chase Providence Elementary School 87 Strawbridge Strawbridge Elementary School 88 Thalia Thalia Elementary School 89 Thoroughgood Independence Middle School 90 Timberlake White Oaks Elementary School 91 Trantwood Vmrginia Beach Christian Church 92 Village Thalia Lynn Baptist Church 93 Windsor Oaks Windsor Oaks Elementary School 94 Witchduck Bayside Presbyterian Church 95 Wolfsnare Virginia Beach Christian Life Center 96 Woodstock Avalon Church of Christ 97 98 Central Absentee Voter Precinct Agriculture/Voter Registrar Building 99 Adopted by the City Council of the City of Virginia Beach, 100 Virginia, on this 2~.~th day of r0~bruary , 2002. ORD-8387 DATA/ORDIN/PROPOSED/10-1.ord.wpd Ri February 6, 2002 APPROVED AS TO CONTENTS' Vot APPROVED AS TO LEGAL SUFFICIENCY: City Attor~'s O{~'ice CERTIFIED TO BE A TRUE COPY OF AN ORDINANCE ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA..A~N FEBRUARY 2 6, 2 0 0 2. ~uth Hodge~Smith, MMC City Clerk Item V-I.2. a/b - 26- ORDINANCES/RES OL UTION ITEM # 49336 Upon motton by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Councd ADOPTED: Or&nances re grants from the Vtrgtnta Department of Crtmmal dusttce Servtces ACCEPT and APPROPRIATE $78,442 under the Juvemle Accountabthty Incentive Block Grant program (JAIBG), TRANSFER $8,716 from the General Fund Reserve for Conttngenctes-Grant Match to the FY2001-02 operattng budgets of the Departments of Juvende Probatton and Parks and Recreatton re continued education for juveniles under court supervtston and an inter-agency information sharing program, (contmgent upon the avadabdtty of the federal block granO, and, esttmated revenue from the federal government be tncreased accordtngly bo ACCEPT and APPROPRIATE $46,661 to the FY 2001-02 operattng budget of the Pohce Department re dedicated domestic violence prevention; and, esttmated revenue be increased accordtngly Voting 11- 0 (By Consent) Council Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, dr, Meyera E Oberndorf Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and Rosemary Wilson Councd Members Vottng Nay None Councd Members Absent None February 26 2002 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $78,442 GRANT FROM THE STATE AND TO TRANSFER $8,716 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 2001-02 OPERATING BUDGETS OF THE DEPARTMENT OF JUVENILE PROBATION AND THE DEPARTMENT OF PARKS AND RECREATION TO FUND AN EDUCATION PROGRAM FOR JUVENILES UNDER COURT SUPERVISION AND AN INTER-AGENCY INFORMATION SHARING PROGRAM 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 WHEREAS, under the Juvenile Accountability Incentive Block Grant Program, the City of Virginia Beach has been awarded a $78,442 grant in federal funds from the Virginia Department of Criminal Justice Services, and the terms of the grant requires the City to provide a 10% grant match for the period covered by the grant. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $78,442 is hereby accepted from the Virginia Department of Criminal Justice Services and appropriated as follows: a. $30,505 is hereby appropriated to the FY 2001-02 Operating Budget of the Department of Juvenile Probation to continue funding an education program for juveniles under the supervision of the Juvenile Court. b. $47,937 is hereby appropriated to the FY 2001-02 Operating Budget of the Department of Parks and Recreatlon's Youth Opportunities Office to establish and maintain an interagency information sharing program for juveniles. 2. That $8,716 is hereby transferred from the General Fund Reserve for Contingencies - Grant Match to the FY 2001-02 Operating Budget of the Department of Juvenile Probation as the local match for the grant. 3. That funding for these programs ~s contingent upon the availability of the federal block grant, and if federal funding is reduced or eliminated, then these programs may be reduced or eliminated accordingly. 37 38 4. That estimated revenue from the federal government is hereby increased by $78,442. 39 4O Adopted by the Council of the C~ty of Virginia Beach, Virginia, on the 26th day of February , 2002. 41 42 43 44 CA-8389 ORDIN\NONCODEkJAIBDord.wpd RI February 11, 2002 45 46 47 48 49 APPROVED AS TO CONTENT' Management Services / APPROVED AS TO LEGAL SUFFICIENCY' /'" .--7 ~ty -Attorne~F' 10 11 12 13 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $46,661 FEDERAL GRANT FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES TO THE POLICE DEPARTMENT'S FY 2001-02 OPERATING BUDGET TO CONTINUE FUNDING DOMESTIC VIOLENCE PREVENTION EFFORTS WHEREAS, the City of Virginia Beach has been awarded $46,661 in federal funds from the Virginia Department of Criminal Justice Services to continue domestic violence prevention efforts, and the funding for in-kind match required by the grant exists in the Police Department's operating budget. 14 15 16 17 18 19 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a $46,661 federal grant is hereby accepted from the Virginia Department of Criminal Justice Services and appropriated to the Police Department's FY 2001-02 Operating Budget to pay for the salary and benefits of a dedicated domestic violence police detective, and estimated revenue in the FY 2001-02 Operating Budget is increased accordingly. 22 23 Adopted the 26th day of Feb. , 2002, by the Council of the City of Virginia Beach, Virginia. CA-8405 Ordin~Noncode~V-Stop Grant.ord R3 February 13, 2002 APPROVED AS TO CONTENT: M~ana~ Services ~ APPROVED AS TO LEGAL SUFFICIENCY: [ty Attorney's ~flce ~/ COMMONWEALTH of VIRGINIA Joseph B Benedetb Director Department of Criminal Justice Services December 17, 2001 805 East Broad Street, Tenth Floor R,chrnond, V~rgmm 23219 (804) 786-4000 FAX (804) 371-8981 TDD (804) 386-8732 Mr. James K. Spore City Manager City of Virginia Beach City Hall Building, Room 23 Virginia Beach, Virginia 23456 Title: Va. Beach Alliance to End Partner Violence Dear Mr. Spore: I am pleased to advise you that grant number 02-G9222VA01 for the above-referenced grant program has been approved in the amount of $46,661 in Federal Funds and .$~ in Local Cash Match for a total award of Enclosed you will find a Statement of Grant Award and a Statement of Grant Award Special Conditions. To indicate your acceptance of the award and conditions, please sign the award acceptance and return it to Janiee Waddy, Grants Administrator, at the Department of Criminal Justice Services (DCJS). Please review the conditions carefully; as some require action on your part before we will disburse grant funds. When we receive documentation showing that you have complied with the conditions, you will be eligible to request funds awarded under this grant. A REQUEST FOR FUNDS form is also included with this letter and should be used for this purpose. You may request funds at the same time you submit the documentation of compliance with the grant conditions or at any time thereafter. However, we cannot process your request until we have received and approved all required information. We appreciate your interest in this grant program and will be happy to assist you in any way we can to assure your project's success. If you have any questions, please call D~eborah Downing at (804) 371-8635. Yours very truly, (.~f-) ~- 3qo0 Enclosures A.M. Jacocks, Chief of Police Ms. Patricia K. Phillips, Director of Finance Deborah Downing, DCJS Cnm~nal Justice Service Board · Commfltee on Tra,mng · Juven,le Just,ce and Del,nquency Prevent,on Adv,sory Committee Adwsory Commfltee to Court Appointed Special Advocate and Children's Just,ce Act Programs Private Security Services Adwsory Board · Crlm,nal Justice Information Systems Corem,tree Item VoI. 3. -27- ORDINANCES/RES OL UTION ITEM # 4933 7 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Or&nance to APPROPRIATE $10,000 Fund Balance and $4,000 ad&ttonal revenue from the Francis Land House Board of Trustees Trust Fund to the FY 2001-02 operating budget of the Department of Museums and Cultural Arts -Francts Land House re board sponsored events, and, esttmated revenue from local sources be increased accordingly Vottng 11- 0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr andRosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None February 26 2002 AN ORDINANCE TO APPROPRIATE $10,000 FUND BALANCE AND $4,000 OF ADDITIONAL REVENUE FROM THE FRANCIS LAND HOUSE BOARD OF TRUSTEES TRUST FUND TO THE FY 2001-02 OPERATING BUDGET OF THE DEPARTMENT OF MUSEUMS AND CULTURAL ARTS - FRANCIS LAND HOUSE FOR EXPENSES ASSOCIATED WITH BOARD SPONSORED EVENTS 10 11 12 13 14 15 16 17 18 19 2O 21 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. the Francis Land House Board of Trustees Trust Fund to the FY 2001- 02 operating budget of the Department of Museums and Cultural Arts - Francis Land House to fund expenses of board sponsored events. 2. That $4,000 of unanticmpated additional revenue received from donations and activities is hereby appropriated from the Francis Land House Board of Trustees Trust Fund to the FY 2001-02 operating budget of the Department of Museums and Cultural Arts - Francis Land House to fund expenses of board sponsored events. 3. That estimated revenue from local sources is increased by $4,000 in the FY 2001-02 operating budget. That $10,000 of fund balance is hereby appropriated from 22 23 Accepted by the Council of the City of Virginia Beach, Virginia on the 26th day of F~bru~rv , 2002. CA-8403 ordin/noncode/FranclsLandord, wpd R-3 February 19, 2002 Approved as to Content- Manag~me~ Ser'~ices Approved as to Legal /~41 c i enc~f gLO%' ~e-p a~n~n t - 28 - Item V-I. 4. ORDINANCES/RES OL UTION ITEM # 49338 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Counczl ADOPTED: Ordinance to TRANSFER $240, O00 from the Shert. ff's Correctton Center sprtnkler system to the Law Enforcement Training Academy, re the Pohce and Sheriff's accelerated constructton schedule Voting 1 I- 0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, dr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wdson Counctl Members Vottng Nay None Counctl Members Absent None February 26 2002 AN ORDINANCE TO TRANSFER $240,000 FROM CAPITAL PROJECT #3-403, CORRECTION CENTER SPRINKLER SYSTEM, TO CAPITAL PROJECT %3-027, LAW ENFORCEMENT TRAINING ACADEMY, TO ADVANCE FUNDS DUE TO AN ACCELERATED CONSTRUCTION SCHEDULE WHEREAS, due to an accelerated construction schedule for Capital Project %3-027, Law Enforcement Training Academy, it is necessary to advance $240,000 to the project to pay for construction costs. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 11 OF VIRGINIA BEACH, VIRGINIA: 12 13 14 That $240,000 is hereby transferred from Capital Project #3-403, Correction Center Sprinkler System, to Capital Project #3- 027, Law Enforcement Training Academy, to advance funds due to an 15 accelerated construction schedule. 16 17 Adopted by the Council of the C~ty of Virginia Beach, 18 Virginia, on the 26~_h day of Fehr~ry , 2002. CA-8406 Ordin/Noncode/cmp3-027ord.wpd R-1 February 13, 2002 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Law Departmen~-~- Item V-I. 5a/b/c/d. - 29 - ORDINANCES/RES OL UTION ITEM # 49339 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Ordinance to TRANSFER $125,000 from various projects within the FY 2001-02 Capttal Improvement Program to the Seatack Elementary School re funding for closeout of the followmg projects a Kellam Htgh School Auxtltary Gymnastum b W T Cooke Elementary School c ADA Modtficattons d Renovations, replacements, re-roofing, tndoor air quahty and vartous site acqutstttons Voting 11- 0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Council Members Vottng Nay None Counctl Members Absent None February 26 2002 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 AN ORDINANCE TO TRANSFER $125,000 FROM VARIOUS PROJECTS WITHIN THE FY 2001-02 CAPITAL IMPROVEMENT PROGRAM TO CIP PROJECT #1-198, SEATACK ELEMENTARY SCHOOL, TO PROVIDE FUNDING FOR PROJECT CLOSEOUT WHEREAS, the School Board has requested the City Council that available balances from various CIP projects that are e~ther completed or have unencumbered balances be transferred to CIP Project #1-198, Seatack Elementary School, to closeout the project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That $125,000 is hereby transferred, from the following CIP Projects and in the amounts as set forth below, to Capital Project #1-198, Seatack Elementary School, to closeout this project' 1. $31,997 from Capital Project #1-002, Kellam High School Auxiliary Gym; 2. $25,000 from Capital Project # 1-006, Various Schools Site Acqu~sition-?hase 1; 3.$25,000 from Capital Project #1-062, ADA Modifications; 4. $6,459 from Capmtal Project #1-063, Indoor Air Quality Improvements; 5. $25,000 from Capital Project #1-083, Renovations and Replacements-Reroofing; and 6. $11,544 from Capital Project #1-202, W.T. Cooke Elementary School. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2~zth_ day of ~hru~rv , 2002. CA-8408 ORDINkNONCODEkSeatack Project Closeout.ord February 15, 2002 R2 APPROVED AS TO CONTENT' · Management Services APPROVED AS TO LEGAL SUFFICIENCY' C~ty Att6rney's~'Offic'e~' IRGINIA BEACH CITY PUBLIC SCHOOLS A H E A D 0 F T H E C U R V E SCHOOL BOARD Daniel D. Edwards Chatn~an [hstnct 1 - Centennlle 1513 Beachwew Onve VA Beach. VA 23464 495-3551 (h). 717-0259 (cell) Nell L. Rose Vice Chairman At-Large 1337 Hams Road V^ Beach. VA 23452 463-3823 (h) · 497-6633 (w) 0 A. 'Al" Ablowich At-Large 4176 Chanty Neck Road V^ Beach, VA 23457 Jane $. Brooks I~tnct 6 - Beach 721 Hdllo9 Road VA Beach. VA 23454 425-1597 (h) Nancy O Guy C)tslncl S - Lynnhaven 2445 Haversham VA Beach, VA 23454 496-2291 (h) Dan R. Lowe D~stncl 4 - BaysKle 4617 Red Coat Road VA Beach, VA 23455 490-3681 (h) H. L# Poweli, Jr. DMrk~ 7- ~ Anne 2409 ~l~gbam Road VA Beach, VA 23456 4279112 (h) VA Belch, VA 23462 490-8167 (h) Midmd W. DlddCl 3 - Rll~e Ha~ VA Belch, VA 23452 4984303 (h) · 445-0471 (w) Jeld M. ~ 2 - Kempsvlle VABeach, VA 23462 499-2490 (h) A~hur T. Tete 17o9 Ledyr~ laews VA Beacfl, VA 23455 460-5451 (h} SUPERINTENDENT 2512 Geoqae Ibso~ DdYe VA B#ch, VA 23456 427-4326 RESOLUTION AUTHORIZING SCHOOL ADMINISTRATION TO CLOSE OUT SEATACK AND NEW CASTLE ELEMENTARY SCHOOL PROJECTS WITH SHIRLEY CONSTRUCTION CORPORATION RESOLVED: Based on the reconm'~endanon of staff, the School Board approves closeout of the Seatack and New Castle Elementary Schools construction projects with Shirley Construction Corporation to cover retalnage, change orders, delay, and accrued ~nterest for $1 3 million, contingent upon approval by City Council of the proposed transfer of $125,000 into C2 1-198 Seatack Elementary School from the following CIP projects which are either c. losed out or have available unencumbered balances' · CIP 1-002 Kellam High School Auxiliary Gym CIP 1-006 Various Schools Site Acqmation · CIP 1-062 ADA Modifications · CIP 1-063 IAQ Improvements · C2 1-083 Renovations & Replacements - Reroofing · CIP 1-202 W. T Cooke Elementary School and be It further $31,997 $25,000 $25,000 $ 6,459 $25,000 $11,544 RESOLVED: That a copy of this resolution be delivered promptly to the City Council, City Manager, and C~ty Clerk by the Clerk of the Board. Adopted by the School Board of the City of Virginia Beach this 5th day of February 2002. SEAL Attest Diannc P. Alexander Clerk of thc Board Daniel D. Edwards Chairman 2512 George Mason Drive · P.O. Box 6038 · Virginia Beach, VA 23456-0038 CERTIFIED TO'~l AND Ole~ Olty of ¥ Item V-I. 6a - 30- ORDINANCES/RES OL UTION ITEM # 49340 Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED Or&nance re temporary encroachments tnto the Ctty's rtght-of-way Encroachment tnto a 60-foot dratnage easement, known as Mtll Pond. by PA TRICK G. and ANNA L. ENSLEY, re constructtng and matntatntng a pter, moortng ptles, and a boat ramp at 364 Back Bay Crescent (PRINCESS ANNE - DISTRICT 7), The followtng conchttons shall be requtred The encroachment will be constructed and matntatned tn accordance wtth the laws of the Commonwealth of Vtrgmta and the City of Vtrgtnta Beach, and tn accordance wtth the Ctty's spectficattons and approval The encroachment shall termtnate upon nottce by the Ctty to the Grantee, and that wtthtn thtrty (30) days after such nottce ts gtven, the encroachment must be removed from the encroachment area by the Grantee, and that the Grantee wtll bear all costs and expenses of such removal The Grantee shall tndemntfy and hold harmless the Ctty, tts agents and employees, from and agatnst all clatms, damages, losses and expenses, tncludmg reasonable attorney's fees, tn case tt shall be necessary to file or defend an actton artsmg out of the locatton or extstence of the encroachment Nothtng heretn contatned shall be construed to enlarge such permtsston and authortty to permit the matntenance or constructton of any encroachment other than that spectfied heretn and to the hmtted extent spectfied heretn, nor to permit the matntenance and constructton of any encroachment by anyone other than the Grantee The Grantee agrees to matntatn the encroachment so as not to become unstghtly or a hazard The Grantee must obtatn apermtt from the Development Servtces Center of the Planntng Department prtor to commenctng any constructton wtthtn the encroachment area Prtor to the issuance of a permtt, the Grantee must post a performance bond or other form of surety, approved by the Development Services Center of the Planmng Department, tn accordance wtth the engtneer's cost esttmate The encroachment must conform to the mtntmum setback requtrements as estabhshed by the Ctty The Grantee must obtatn apermtt from Waterfront Operattons of the Planmng Department before commencing work wtthtn the Ctty's easement February 26 2002 Item V-I. 6a -31 - ORDINANCES/RESOLUTION ITEM # 49340 (Continued) 10 II The Grantee must obtatn and keep tn force all-rtskproperty tnsurance and general habthty insurance, or such msurance as ts deemed necessary by the Ctty, and all insurance pohctes must name the Ctty as addtttonal named tnsured or loss payee, as apphcable The Grantee also agrees to carry comprehenstve general habdtty tnsurance tn an amount not less than $500,000, combmed single hmtts of such msurance pohcy orpohctes The Grantee wdl provtde endorsements provtdmg at least thtrty (30) days wrttten nottce to the Ctty prtor to the cancellatton or termmatton of, or matertal change to, any of the msurance pohctes The Grantee assumes all responstbthttes and habthttes, vested or conttngent, wtth relatton to the encroachment The City, upon revocation of such authority and permtsston so granted, may remove the encroachment and charge the cost thereof to the Grantee and collect the cost tn any manner provtded by law for the collectton of local or state taxes, may reqmre the Grantee to remove the encroachment and, tf such removal shall not be made wtthtn the ttme ordered heretnabove by thts Agreement, the Ctty may tmpose a penalty tn the sum of One Hundred Dollars ($100) per day for each and every day that the encroachment ts allowed to continue thereafter, and may collect such compensatton and penalttes tn any mannerprovtded by law for the collectton of local or state taxes Vottng 11- 0 (By ConsenO Councd Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Councd Members Voting Nay None Councd Members Absent None February 26 2002 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 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S SIXTY FOOT (60') DRAINAGE EASEMENT BY PATRICK G. ENSLEY AND ANNA L. ENSLEY, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, PATRICK G. ENSLEY and ANNA L. ENSLEY desire to construct and maintain a pier, mooring piles, and a boat ramp within the City's 60' drainage easement known as Mill Pond, which is located in the Sandbridge neighborhood. WHEREAS, City Council is authorized pursuant to §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments within the City's existing easements subject to such terms and conditions as Council may prescribe. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, PATRICK G. ENSLEY and ANNA L. ENSLEY, their heirs, assigns and successors in title, are authorized to construct and maintain a temporary encroachment for a pier, mooring piles, and a boat ramp in the City's 60' drainage easement as shown on that certain plat entitled: "BULKHEAD, RIPRAP, FILL, PIER IN: NORTH BAY AT: 364 BACK BAY CRESCENT VIRGINIA BEACH, VA 23456 APPLICATION BY: PATRICK G. ENSLEY SHEET 1 OF 7 DATE: DECEMBER 12, 2001", a copy of which is on file in the Department of Public Works to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and PATRICK G. ENSLEY and ANNA L. ENSLEY (the Agreement ), which is attached hereto and incorporated by reference; and BAY LOCATION MAP SCALE: 1" = 1,600' · SE · LOCATION · · · · · · SEw r ·I · × / LOCATION MAP FOR ENCROACHMENT FOR // // PATRICK AND ANNA ENSLEY AT 364 BACK BAY CRESCENT PRINCESS ANNE DISTRICT SCALE: 1" = 100' PREPARED BY P/W ENG. DRAFT. 26-NOV-2001 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811 (a)(3) AND 58.1-811 (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this ~J~day of ~~. , 200~, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, the "City" Grantor and PATRICK G. ENSLEY and ANNA L. ENSLEY, his wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, the "Grantee" (even if more than one) . WITNESS ETH: WHEREAS, the Grantee is the owner of that certain lot, tract or parcel of land designated and described as Lot 57, Section 3, Back Bay Meadows, Princess Anne District, and being further designated and described as 364 Back Bay Crescent, Virginia Beach, VA 23456; and WHEREAS, it is proposed by the Grantee to construct and maintain a pier, mooring piles and a boat ramp, a "Temporary Encroachment" in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing 60' City drainage easement over a canal/waterway known as Mill Pond, as shown in M.B. 67, Pg. 45, the "Encroachment Area", and the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. t, GPIN: 2433-23-5113 I, NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee, and for the further consideration of One Dollar ($1.00) in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining a Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval, and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "BULKHEAD, RIPRAP, FILL, PIER IN: NORTH BAY AT: 364 BACK BAY CRESCENT VIRGINIA BEACH, VA 23456 APPLICATION BY: PATRICK G. ENSLEY SHEET 1 OF 7 DATE: DECEMBER 12, 2001", a copy of which is attached hereto as Exhibit "A" to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized shall terminate upon notice by the City to the Grantee, and that within thirty (30) days after such notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee, and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and ~ employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Development Services Center of the Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that, prior to the issuance of a permit, the Grantee must post a performance bond or other form of surety, approved by the Development Services Center of the Planning Department, in accordance with the engineer's cost estimate. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. It is further expressly understood and agreed that the Grantee must obtain a permit from Waterfront Operations of the Planning Department before commencing work within the City's easement. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability insurance, or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment and, if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, PATRICK G. ENSLEY and ANNA L. ENSLEY, his wife, the said Grantee has caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager City Clerk Patrick G. ~ ~na L. EnsleY/// (SEAL) ( SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , city Manager/Authorized Designee of the City Manager, on behalf of the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: , to-wit: The foregoing instrument was acknowledged before me this ] ~-~ day of ~~'u~o~ , 20 o~ , by PATRICK G. ENSLEY and ANNA L. ENSLEY, his wife. Notary Public My Commission Expires: ~ ~--, ~9 ~c~ j?PROVED,AS. TO CONTENT D~PARTM[NT TABLE OF CONI'~OL~; POINT HUB 1 gS.O 2 ~.~ 4 71.0 ARE ~ ~ T~ ~ ~E PR~ R~ENT RE'I~I~IWALL AT EA(~I BULKHEAD PIN RE/r 1 LOT 56 FREDERICK P. AND ~CKI JENKINS 2433-23-3075 BUnD OR RIPRAP TO END AT 58' 4~ 3 I? I UMW AT PR~PI~ED BULKHEAD OR RIPRAP 41' 4. BULl(MEAD OR RIPRAP HUB PATRICK G. AND ANNA L. ENSLEY 2¢33- ~-5113 BOAT RAMP BEACH M.B 67 PG. 45 o ~ o ~ BULKHEAD C~ RIPRAP TO END AT ADJACENT BUt. KI-ICAD BACK BAY CRESCENT (so' R/W) LOT 58 HARRY C. AND SHARON K. WEATHERS,,, GRAPH/C SCALE ( m r~'~ ) PURPOSE: EROSION CONTROL DATUM:NVGD MSL 0.00' ADJACENT PROPERTY OWNERS 1. FREDERICK P. &: VICKI JENKINS 2. HARRY C AND SHARON K. WEATHERS PATRICK G. ENSLEY ;.'364- BACK BAY CRESCENT VIRGINIA BEACH, VA 2,.34-56 PHONE/FAX: (757)4-26-24-80 CELLULAR: (757)617-1585 BULKHEAD, RIPRAP, FILL, PIER IN: NORTH BAY AT: 564- BACK BAY CRESCENT VIRGINIA BEACH. VA 2,3456 APPLICATION BY: PATRICK G. ENSLEY SHEET 1 OF 7 DATE: DECEMBER 12. 2001 354 Back Bay Crescent s DroDertv Applicant's property showing adjacent property Adjacent property Item V-l. 6b. - 32 - ORDINANCES/RES OL UTION ITEM # 49341 Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, Ctty Councd ADOPTED Ordtnance re temporary encroachments tnto the Ctty's rtght-of-way Encroachment tnto the pump statton stte at 2677 West Neck Parkway by DAVID E. MILLER re constructtng and matntatntng a wood deck and hot tub at 3125 Amador Drtve (PRINCESS ANNE - DISTRICT 7) The followtng condtttons shall be required The encroachment wtll be constructed and matntatned tn accordance wtth the laws of the Commonwealth of Vtrgtnta and the Ctty of Vtrgtnta Beach, and tn accordance with the Ctty's spectficattons and approval The encroachment shall termtnate upon nottce by the Ctty to the Grantee, and that wtthtn thtrty (30) days after such nottce ts gtven, the encroachment must be removed from the encroachment area by the Grantee, and that the Grantee wtll bear all costs and expenses of such removal The Grantee shall tndemntfy and hold harmless the Ctty, tts agents and employees, from and agatnst all clatms, damages, losses and expenses, tnclu&ng reasonable attorney's fees, tn case tt shall be necessary to file or defend an actton artstng out of the locatton or extstence of the encroachment Nothtng heretn contatned shall be construed to enlarge such permtsston and authortty to permit the matntenance or constructton of any encroachment other than that spectfied heretn and to the hmtted extent spectfied heretn, nor to permtt the maintenance and construction of any encroachment by anyone other than the Grantee The Grantee agrees to matntatn the encroachment so as not to become unstghtly or a hazard The Grantee must obtatn apermtt from the Development Servtces Center of the Planmng Department prtor to commenctng any constructton wtthtn the encroachment area Prtor to the tssuance of a permtt, the Grantee must post a performance bond or other form of surety, approved by the Development Services Center of the Planmng Department, tn accordance wtth the engtneer's cost esttmate The encroachment must conform to the mtntmum setback reqmrements as estabhshed by the Ctty February 26 2002 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 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF A CITY PUMP STATION SITE BY DAVID E. MILLER, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, DAVID E. MILLER desires to construct and maintain a wood deck and hot tub into the City's pump station site located at 2677 West Neck Parkway. WHEREAS, City Council is authorized pursuant to §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachment upon the City's right-of-way or property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, DAVID E. MILLER, his heirs, assigns and successors in title, is authorized to construct and maintain a temporary encroachment for a wood deck and hot tub into a portion of the City's property as shown on that certain plat entitled: "PHYSICAL SURVEY OF LOT 27 SUBDIVISION OF PARCEL 2A COURTHOUSE ESTATES, PHASE 2, SECTION H-2 3125 AMADOR DRIVE VIRGINIA BEACH, VIRGINIA FOR DAVID E. MILLER", a copy of which is on file in the Department of Public Works to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and DAVID E. MILLER (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordinance shall not be 36 37 38 39 in effect until such time as DAVID E. MILLER and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26~h day of February , 2002. 40 41 42 43 CA#- TKENN\ENCROACH\MILLER.ORD R-1 PREPARED: 1/17/02 APPR~ED AS TO CONTENTS ~ SIGNAYU~E DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATTORNEY SITE LOCATION MAP SCALE: 1" -- 1,600' ,, \ J \ ee i LOCATION MAP FOR ENCROACHMENT REQUEST ,~\~ FOR ~/~~-\¢. ~~ ~DAVID E. MILLER AT 3125 AMADOR DRIVE SCALE: 1" = 100' AGENDA TIM K~NNEDY. DGN PREPARED BY P,,W ENG. DRAPT. JAN. 9, 2002 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811 (a)(3) AND 58.1-811 (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this /F day of ~~~3~. , 200/ , by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, the "City", Grantor, and DAVID E. MILLER, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, the "Grantee" (even if more than one). WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract or parcel of land designated and described as: Lot 27, Subdivision of Parcel 2A, Courthouse Estates, Phase 2, Section H- 2 (M.B. 244, Pg. 24), and being further designated and described as 3125 Amador Drive, Virginia Beach, VA 23456; and WHEREAS, it is proposed by the Grantee to construct and maintain an existing wood deck and hot tub, a "Temporary Encroachment" in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into an existing City property, i.e., a pump station site located at 2677 West Neck Parkway, which is directly behind the Grantee's property, the "Encroachment Area", and the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. GPIN: 1493-26-6921 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee, and for the further consideration of One Dollar ($1.00) in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining a Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to- wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "PHYSICAL SURVEY OF LOT 27 SUBDIVISION OF PARCEL 2A COURTHOUSE ESTATES, PHASE 2, SECTION H-2 3125AMADOR DRIVE VIRGINIA BEACH, VIRGINIA FOR DAVID E. MILLER", a copy of which is attached hereto as Exhibit "A" to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized shall terminate upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given the Temporary Encroachment must be removed from the Encroachment Area by the Grantee, and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Development Services Center of the Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that, prior to the issuance of a permit, the Grantee must post a performance bond or other form of surety, approved by the Development Services Center of the Planning Department, in accordance with the engineer's cost estimate. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability insurance, or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment and, pending such removal, the City may charge the Grantee for the use of the Encroachment Area the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and, if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, DAVID E. MILLER, the said Grantee has caused this Agreement to be executed by his signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: City Clerk CITY OF VIRGINIA BEACH City Manager/Authorized Designee of the City Manager (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this I~ day of ~ce~~f~ , 20 ~ , by , city Manager/Authorized Designee of the City Manager, on behalf of the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF CITY/COUNTY , to-wit: this The foregoing instrument was acknowledged before me ~/~ day of ~ea~b~f~ , 20 O I , David E. Miller. by My Commission Expires: ,Jo, E: zoo tary ~ublic OVED AS TO CONTENT D£PAITTM c,%WT ~/E HEREBYIOEC~ARE THAT Oq MAY 03, ZOO1 YE SURVEYED THE PROPERTY SHO~N HEREON. THAT THE TITLE tiNES ANO THE WALLS OF THE BUILDING(S} ARE AS SHOWN. THAT THE BU[LOINO(S) STAND STR[CKLY ~ITHtN THE ITLE LIN£2 AND TH~fl~ AR~ NO [NCROACNHENT~ OF OTHER gUILD[NOS ON tHE PROPERTY EXCEPT AS SHOVN. AND ! IAT THE PRINCIPLE STRUCTURE9 SHO~N APPEAR TO FALL ~ITHtN ZONE X . AS SHO~N ON THE FEDERAL EHEROENC ~AHAOEHENT AGENCY, FLOOD INSURANCE RATE ~AP FOR THE CITY STATED BELOW, CO~HUNITY NO. 5t~% DATED 10.3.'"/0 AND LAST REVISED IZ-5-q& ENGINEERINO SERVICES, INC. - BY, L.r~RL ^cL£SS ( ~6.t~4T~141 ~4CL N(~ IIII r ii[ ~'rjrtj '/AS FlJJ~:~lSlt[i) TO PH"/S! CAL SURYE.~/ OF LO T eaUBDI~/ISi011 0Ir P&RCLL 2A COURTHOUSE ESTATES, PHASE Z,SECTI01d H.Z 312:6 AMADOR 13RIV£ ~/IRGIMr/~ I~LAt:I4 ,VIRi;INI/~ FOR, ~AVII:3 E.. MILLF. R 3351 STONESHORE ROAD VIRGINIA BEACH VIRGINIA 23452 (804) 468-6800 iii , i i i ii ,PO.~ \ 3125 Amador Drive Encroaching deck area Item V-L 6e. - 34- ORDINANCES/RES OL UTION ITEM # 49342 Paul Warren, 1517 Duke of Wtndosr Road, Phone 496-2814, &strtbuted a copy of hts land survey, and photographs Satd tnformatton ts hereby made a part of the record Mr Warren regtstered tn OPPOSITION, as the encroachment directly affects hts property by mterfermg wtth mgress and egress Upon motton by Counctlman Harrtson, seconded by Vtce Mayor Sessoms, Ctty Counctl ADOPTED Ordinance re temporary encroachments tnto the Ctty's rtght-of-way Encroachment tnto Kent Lane by CHARLES P. and JUANITA U. FLETCHER, re allowmg extsttng spht rail fenctng, underground water sprtnkhng system and landscapmg at 1200 Kent Lane (L YNNHA VEN- DISTRICT 5) The followmg condtttons shall be requtred The encroachment wtll be constructed and matntatned tn accordance wtth the laws of the Commonwealth of Vtrgtnta and the Ctty of Vtrgmta Beach, and tn accordance wtth the Ctty's spectficattons and approval The encroachment shall termtnate upon nottce by the Ctty to the Grantee, and that wtthtn thtrty (30) days after such nottce ts gtven, the encroachment must be removed from the encroachment area by the Grantee, and that the Grantee wtll bear all costs and expenses of such removal The Grantee shall tndemmfy and hold harmless the Ctty, tts agents and employees, from and agatnst all clatms, damages, losses and expenses, tncludtng reasonable attorney's fees, tn case tt shall be necessary to file or defend an actton artstng out of the locatton or extstence of the encroachment Nothtng heretn contatned shall be construed to enlarge such permtsston and authortty to permtt the matntenance or constructton of any encroachment other than that spectfied heretn and to the hmtted extent spectfied herein, nor to permtt the matntenance and construction of any encroachment by anyone other than the Grantee The Grantee agrees to matntatn the encroachment so as not to become unstghtly or a hazard The Grantee must obtatn and keep tn force all-rtskproperty tnsurance and general habthty insurance, or such msurance as ts deemed necessary by the Ctty, and all tnsurance poltctes must name the Ctty as addtttonal named tnsured or loss payee, as apphcable The Grantee also agrees to carry comprehenstve general habthty msurance tn an amount not less than $500,000, combtned stngle hmtts of such tnsurance pohcy or pohctes The Grantee wtll provtde endorsements provt&ng at least thtrty (30) days written nottce to the Ctty prtor to the cancellatton or termtnatton of, or matertal change to, any of the tnsurance pohctes The Grantee assumes all responstbdtttes and habthttes, vested or contingent, with relatton to the encroachment February 26 2002 Item V-L 6c. - 35- ORDINANCES/RESOLUTION ITEM # 49342 (Continued) The Ctty, upon revocatton of such authortty and permtsston so granted, may remove the encroachment and charge the cost thereof to the Grantee and collect the cost tn any manner provtded by law for the collectton of local or state taxes, may requtre the Grantee to remove the encroachment and, tf such removal shall not be made wtthtn the ttme ordered heretnabove by thts Agreement, the Ctty may tmpose a penalty tn the sum of One Hundred Dollars ($100) per day for each and every day that the encroachment ts allowed to continue thereafter, and may collect such compensatton and penalttes tn any manner provtded by law for the collectton of local or state taxes Votmg 10-1 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Wtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Meyera E Oberndor./. Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and Rosemary Wtlson Counctl Members Vottng Nay Margaret L Eure Counctl Members Absent None February 26 2002 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 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE RIGHT-OF-WAY OF KENT LANE BY CHARLES P. FLETCHER AND JUANITA U. FLETCHER, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Charles P. Fletcher and Juanita U. Fletcher, desire to construct and maintain split rail fencing, underground water sprinkling system, and landscaping into the City's rights- of-way located at 1200 Kent Lane. WHEREAS, City Council is authorized pursuant to §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachments upon the City's right-of-way subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended Charles P. Fletcher and Juanita U. Fletcher their heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment for a split rail fencing, underground water sprinkling system, and landscaping in the City's right-of-way as shown on the map entitled: "ENCROACHMENT REQUESTED BY DR. CHARLES P. AND JUANITA U. FLETCHER INTO CITY RIGHT-OF-WAY AT 1200 KENT LANE," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Charles P. Fletcher and Juanita U. Fletcher, (the "Agreement") which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. 36 37 38 39 40 41 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Charles P. Fletcher and Juanita U. Fletcher and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of February , 2002. 42 43 44 45 CA- # gsalmons / f 1 et chef/ord R-1 PREPARED 01.16.02 .~~,~//~/~sROVED AS TO CONTENTS DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND~.FORM CITY ATTORNEY · ",---To Mill Dom Rd. / ~ / '"'"'.,, ~ ./ / ~ / ,. LOCATION MAP SCALE : 1" = 1,600' L, --LOCATION LOCATION ! MAP SHOWING ENCROACHMENT REQUESTED BY DR. CHARLES P. AND JUANITA U. FLETCHER INTOCITY RIGHI-OF-WAY AT 1200 KENT LANE SCALE: 1" = 100' PREPARED BY P/W ENG. DRAFT. 05-DEC-2001 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-81 l(a)(3) AND 58 1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this ~ day of ~t{/I,(j0l, lrO, ,200,,3., , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and CHARLES P. FLETCHER AND JUANITA U. FLETCHER, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as" # 1200 SITE -30 (1.7 ACRES)" as shown on "EXHIBIT "A" SHOWING # 1200 KENT LANE, SITE-30 FOR CHARLES P. FLETCHER & JUANITA U. FLETCHER, VIRGINIA BEACH, VA., DECEMBER 28, 2001, SCALE. 1"=30', JN: 201- 2338"on file with the Office of Real Estate, Department of Pubhc Works, City of Virginia Beach and being further designated and described as 1200 Kent Lane, Virgima Beach, V~rginia 23454; and That, WHEREAS, it is proposed by the Grantee to construct and maintain split rail fencing, underground water sprinkhng system, and landscaping, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, ~n constructing and mmntaimng the Temporary Encroachment, it ~s necessary that the Grantee encroach into that portion of an existing City right of way known as GPIN 2408-97-2588-0000 Kent Lane "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee perm~sslon to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the C~ty of Virginia Beach, and in accordance with the City's specifications and approval and ~s more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "EXHIBIT "A" SHOWING # 1200 KENT LANE SITE-30 FOR CHARLES P. FLETCHER & JUANITA U. FLETCHER VIRGINIA BEACH, VA. DECEMBER 28, 2001 SCALE: 1"=30' JN:201-2338," a copy ofwhmh ~s attached hereto as EXHIBIT "A'"' and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is g~ven, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall tndemnify and hold harmless the City, its agents and employees, from and agmnst all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep force all-risk property Insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the eqmvalent of what would be the real property tax upon the land so occupied if ~t were owned bythe Grantee; and if such removal shall not be made w~th~n the t~me ordered hereinabove by this Agreement, the C~ty may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Charles P. Fletcher and Juanita U. Fletcher, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on ~ts behalf by ~ts City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the Clty Manager (SEAL) ATTEST: City Clerk Jaqamta U. Fletcher STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of__ ,20 .,by ., CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-w~t: The foregoxng instrument was acknowledged before me this day of~ ,20 , by RUTH HODGES SMITH, C~ty Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Pubhc CITY/COUNTY 0F~.?k .~~ C ~- , to-wit: The foregoing ~nstmment was acknowledged before me this (~_ ,~. ,20U2-~y Charles P. Fletcher i~day of__ My Commission Expxres: '--~ Notary Pubhc STATE OF,--~ CITY/COUN'~Y OF,~. ~9.f).C0~_ , to-w,t: The foregoing instrument was acknowledged before me th~s i ~ day of~ 14~~ · , 20~y Juanlta U. Fletcher. My Commission Expires: Notary Pu~ohc APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY APPROVED AS TO CONTENT C. ~J~TY REAL ESTATE AGENT / 200 VA POWER POLE SITE-29 ~2'- 4' Cbt- ,20 POLE wi O~D CITY WA TER POWER POLE REMAINDER OF SI?E-J1 48" ,gP..L./? RAIL FENCE -- O0 /NS/DE,~ ' SHRUB J' SHRUB 5' SHRUB EX' 30" OAK 'SHRUB 'SHRUB WA TER SPRINK/ ER ,, STONE 48 SPLIT PLANTER RAIL 30 0 30 BOX WA 7ER SPRINKL ER ~ o-.~.~. ,,~ --EDGE OF ~ · 60 90 Feet I I REV. DECEMBER 28, 2001 F B./PG.' 764/21-27 W.P. LARGIE, Inc. ENGINEERING · SURVEYING · PLANNING · LANDSCAPE ARCHITECTURE P.,4S MUSTANG TRAIL - SUITE 8 VIRGINIA BEACH, VlGINIA PH. (('~) 431-1041 463-1412 EXHIBIT "A" SHOWING # 1200 KENT LANE SITE--30 FOI~ CHARLES P. FLETCHER & JUANITA U. FLETCHER VII~GINIA BEACH, VA. DECEMBER 28, 20011 SCALE: 1"=30' [ JN: 201-2338 1200 Kent Lane Encroachment Request 1200 Kent Lane entrance with encroachment 1200 Kent Lane encroachment (North side) 1200 Kent Lane Encroachment Request 1200 and 1201 Kent Lane with similar encroachments Other Kent Lane encroachments Item V-l. 6d. - 36- ORDINANCES/RES OL UTION ITEM # 49343 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED Ordtnance re temporary encroachments tnto the Ctty's rtght-of-wa~; Encroachment tnto the utthty and dratnage easement wtthtn Lake Trashmore (approved by the Ctty tn 1981) and a portton of Ctty- owned property by JANET L ROWLANDS re matntatntng an extsttng tn-ground pool, related concrete pool deck and spht ratl fence at 4033 West Colomal Parkway (ROSE HALL - DISTRICT 3) The followtng condtttons shall be requtred The encroachment wtll be matntatned tn accordance wtth the laws of the Commonwealth of Vtrgtnta and the Ctty of Vtrgmta Beach, and tn accordance wtth the City's spectficattons and approval The encroachment shah termtnate upon nottce by the Ctty to the Grantee, and that wtthm thtrty (30) days after such nottce ts gtven, the encroachment must be removed from the encroachment area by the Grantee, and that the Grantee wtll bear all costs and expenses of such removal The Grantee shall tndemntfy and hold harmless the Ctty, tts agents and employees, from and agatnst all clatms, damages, losses and expenses, tncludtng reasonable attorney's fees, tn case tt shall be necessary to file or defend an actton artsmg out of the location or existence of the encroachment Nothtng heretn contatned shall be construed to enlarge such permtsston and authortty to permtt the mamtenance or constructton of any encroachment other than that spectfied hereto and to the hmtted extent spectfied herein, nor to permtt the matntenance and constructton of any encroachment by anyone other than the Grantee 5 The Grantee agrees to matntatn the encroachment so as not to become unstghtly or a hazard The Grantee must obtatn and keep tn force all-rtskproperty tnsurance and general Itabtltty tnsurance, or such tnsurance as ts deemed necessary by the Ctty, and all tnsurance pohctes must name the Ctty as addtttonal named insured or loss payee, as apphcable The Grantee also agrees to carry comprehenstve general habthty tnsurance tn an amount not less than $500,000, combined stngle hmtts of such tnsurance pohcy orpohctes The Grantee wtll provtde endorsements provtdtng at least thtrty (30) days wrttten nottce to the Ctty prtor to the cancellatton or termtnatton of, or matertal change to, any of the tnsurance pohctes The Grantee assumes all responstbthttes and habthttes, vested or conttngent, wtth relatton to the encroachment The Grantee must obtatn a permtt from the Development Servzces Center of the Planntng Department prtor to commenctng any constructton wtthtn the encroachment area 7 The encroachment must conform to the mtmmum setback requtrements as estabhshed by the Ctty February 26 2002 Item V-I. 6d. -37- ORDINANCES/RESOLUTION ITEM # 49343 (Continued) The Grantee must submtt for revtew and approval a survey of the encroachment area, certtfied by a regtstered professtonal engtneer or a hcensed land survey, and/or "as butlt "plans of the encroachment sealed by a regtstered professtonal engmeer, tf requtred by etther the Ctty Engmeer's Office or the Engtneermg Dtvts~on of the Pubhc Utthttes Department The Ctty, upon revocatton of such authortty and permtsston so granted, may remove the encroachment and charge the cost thereof to the Grantee and collect the cost tn any manner provtded by law for the collectton of local or state taxes, may requtre the Grantee to remove the encroachment and, tf such removal shall not be made wtthtn the ttme ordered heretnabove by thts Agreement, the Ctty may tmpose a penalty tn the sum of One Hundred Dollars ($100) per day for each and every day that the encroachment rs allowed to conttnue thereafter, and may collect such compensatton and penalttes tn any manner provtded by law for the collectton of local or state taxes 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, Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members gottng Nay None Counctl Members Absent None February 26 2002 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF A CITY 5' UTILITY AND DRAINAGE EASEMENT AND A PORTION OF CITY PROPERTY BY JANET L. ROWLANDS, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE 10 WHEREAS, Janet L. Rowlands, desires to maintain an existing in-ground pool, related concrete pool deck and split rail fence located within a portion of the City's 5' utility and drainage easement which crosses the rear porfon of her property located at 4033 W. Colonial Parkway, Virginia Beach, Virginia 23452-2215 and also located within a portion of the City property adjacent to her property. 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 2107, Code of Virginia, 1950, as amended, to authorize atemporary encroachments upon the City's rights-of-way, easements and properties subject to such terms and conditions as Council may prescribe. 3_9 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended Janet L. Rowlands, her heirs, 2 3 assigns and successors m title is authorized to maintain a temporary encroachment for an 2 4 existing in-ground pool, related concrete pool deck and split rail fence located within the 2 5 City's 5' utility and drainage easement which crosses the rear portion of her property located 26 at 4033 W. Colonial Parkway, Virginia Beach, Virginia 23452-2215 and also located within 2 7 a portion of the City property adjacent to her property herein described as shown on the map 28 entitled: "PHYSICAL SURVEY OF LOT 11, BLOCK 1, SUBDIVISION OF WlNDSORWOODS, 29 SECTION EIGHT-PART TWO · VIRGINIA BEACH, VIRGINIA · FOR. MELODY A 30 LUBICH," a copy of which is on file in the Department of Public Works and to which 31 reference is made for a more particular description; and 32 BE IT FURTHER ORDAINED, that the temporary encroachments are 33 expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Janet L. Rowlands, (the "Agreement") which is attached hereto and incorporated by reference, and 36 BE IT FURTHER ORDAINED that the City Manager or his authorized 37 designee is hereby authorized to execute the Agreement. 38 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 39 such time as Janet L. Rowlands and the City Manager or his authorized designee execute the Agreement. 41 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 42 such rune as Janet L. Rowlands has applied for a Variance to the rear yard setback requirements and received approval by the Board of Zoning Appeals. 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the 26 th day of February , 2002. -- 46 CA- 4 7 PREPARED 01/07/02 API~k~OVED AS TO CONTENTS SIGNATURE DEPARTMENT APPROVED AS TO LEGAL CITY ATTORNEY SI E, LOCATION MAP SCALE : 1" = 1,600' LAKE TRASHMORE · · LOCATION lee MAP FOR eee eee EXISTING ENCROACHMENTS ~.. INTO 5' UTILITY AND DRAINAGE ---~' EASEMENT AND CITY PROPER'~ ~ (r'~~ , FOR ~ ~~~ ~' /L---~ JANET L. ROWLANDS 2 ~ SCALE. 1 -- 100 eee CAI-lOON AGENDA. DGN /MJ.5. PREPARED BY PAN ENG. DRAFT. JAN. 2, 2002 THIS IS TO CERTIFY THAT I ON JUNE 19, 200! SURVEYED THE PROPERTY SHOWN ON THIS PLAT AND THAT THE TITLE LINES AND THE WALLS OF THE BUILDINGS ARE SHOWN ON THIS PLAT THE BUILDINGS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OF OTHER BUILDINGS ON THE PROPERTY EXCEPT AS SHOWN. NOTE A 5 FOOT EASEMENT ('UNLESS GREATER WIDTH IS NO;ED) SIGNED AL ONU AND ADJA££NT TO ALI ~IDF AND REAR LIN£$ 0£ AIL LOTS WITHIN THIS SUBDIVISION HA5 BEEN DEDICATED TO THE CITY OF VIRGINIA BEACH, VA FOR THE INSTALLATION AND/OR MAINTENANCE OF UTILITIES AND DRAINAGE FAt.'ILtTI[5 1543 N57°23' I O"kY N~ 7'2Z V O'e/ 2~ 84' uo zrY oL,- Nr-1 c2 __m NAIL ~ oo°"~ ~Z-T~ i ~ ZONE2EI2'.,~ WOOD FENCE IN-~ROUND POOL 1.,o. 8' r'-~ j -- LOT 11, 1,1.2' I~/~,lfl u ¥~v NS7'2Z'IO"W ~ lZ 16' FOUND 20.5' ZONE "X SHADED" I STY BR. 8r FR. ZONE "X" ZONE "X SHADED" ~,~ 4a PIN ~ ~ ~ ..... ?0~-" AE" -FOUND -~ ..... PIN S57'25'10"E 46. 64' R=/50. 00' FOUND L =25. 02' IYES T COL ONIA L PA tTKWA Y (5~ ' PHYSICAL SURVEY OF BLOCK 1,SUBDIVISION OF ~/IND£O~ kVOODS, VIRGINIA BEACH, VIRGINIA FOR IdEL OD Y ,4. L UBICH PIN FOUND - - _. ?0 ..qTORM DRAIN PIPE AL ONG I~ SEC T/ON EIOH T- ?~ R T TkVO NO TES l,) THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT SHOW ANY / ALL EASEMENTS OR RESTRICTIONS THAT MAY AFFECT SAID PROPERTY AS SHOWN 2) LEE S ROOD, P C IS NOT A PARTY IN DETERMINING THE REQUIREMENTS FOR FLOOD INSURANCE ON THE PROPERTY SHOWN HEREON THIS SURVEY DOES NOT IMPLY THAT THIS PROPERTY WILL OR WILL NOT BE SUBJECT TO FLOODING FOR FURTHER INFORMATION, CONTACT THE lOCAL COMMUNITY FLOOD OFFIClA£ ELEVATIONS SHOWN HEREON REFER TO N ~ VD OF I929 sc~z[.I"=20' I DATE. G,/Ig,/Ol i ii I I LEE S. ROOD, P.C. Z a nd ~curv eyors 5737 BARTEE STREET NORFOLK, VlROINIA 23502 Ph. (757) 466-1111 REFERENCe.. VA. [?EACH t4.[?.76 NOTE' AS SHOWN ON THE FLO0~ INSURANC£ RATE MAP, THIS PROPERTY APPEARS TO FALL IN' FLOOD ZONE (si AE ~ X SHAOEO ~ X COMMUNITY NO 515531 PANCL NO 2RE ~AFm. 12~5~ BASE FLOOD ELEVATION -- P~. 12 l r~ T-44 ~ 8. O zees0sg; JCL-3a-01 _ I[ 3165 !"1 q PG 08 I I . , ~Z~ AGRE~HT~ made [hie ~ day of ~[ 1~8~ by and between the CITY O, V~NIA .,AC~, VIRginIA. ROUNDS, 4033 W. Colonial ~az~ay, ~rt~ o~ the se~o~ ~acC. ~A~ 7 W I T N E S S E T Bt That, WBEREAS, it is prot~osed by t~e party of the second part ~o construct and maintain a bulkhead' and pier on h£s property loeate~ at 4033 W. Oolonla[ Parkway in the City of Virginia Beach; and · WHER~A~, in constructing and maintaining such bolkh~ad ar~ plat, ~% is necessary that the said pa~y of the encroach into a portion cE an exiatlflg C~ty drainage easement= and sat~ patty of the second part has requested that the party of the fir=t part grant a license to encroach to facilitate such bulkhead and pier within a 9oct~on of the City's drainage . , · T~EREFORE, for and in consideratioa of the premises and of t~e benefits accruing cc ~o aoc~ue ~ the party of =he second par~ and for the further consideration of One Dollar ($1.00), in hand paid, Co the said party of khe E/cst part, ~fed~pt of whzch ia hereby acknowledge~, ~he par~y of the ~trst part doth grant Co the party o~ the aeco~ pa~ a license ~o use a portion of ~he City'~ drainage easemen~ for ~e purpose of , arco%ina, and main~ain~n~ .,,-h-... hu~kt.e~ a~ pzer. It ia expressly un~ersto~ and agreed tha~ such temporary encroachment will ~ erected ~ maintained xn a¢cordance with =he City of Virginia Beach ~ub~xe Works ~partment's ~pecificaCio~ a~ approval a; to size, aligm~en~ and location ~d is ~re ~rtiuulacly ~escr~bed as follow~, to '-Wi~, .............. An area of encroachment into a D~rt'-on of ube City's drainage easement a~ shown on tha~ certain pla~ entitlea: A~ ~I~R IN BOR~W P.tT AT MOU}~ T~SH~OR~." date4 Auaust 1, 198!, referenue made a part hereo~ for . ~ar~lcula~ ............. , zu~505q; JUL-IB-O1 ~:52P~; PAOE ~,'~I -. hece~n au~hortzea will be ~o= s ~ecm o~ Etna y~acs eommenc[nq ~icense' he:ein authorizes eha[~ tetmt'nete ~n notice by ~e Ct~y within ninety {~0) Says a~er sv~ notice is gtven~ such ~empora:y e~croachmen~ shall be removed ~r~ the C[ty'~ drainage easement' DY the pact7 of the se~n~ peel. ~e[= ngen~ or ~mp~oyeee~ a~ ~ha~ ~he pac~y-~f C~cnnd ~ac~ shall be~= a~- -- cOltS and ex.rises o~ ~uch re.va1. le t~ ~ur:her expressly unders:o~ and a~=eed thai the pa=:y of the second par~ shall %nd~ntfy a~ hold ha~less the C~y o~ Virginia Beach. its agents and e~ployeee. [rom and against all claims, damages, losses and ex.rises including reasonable attorney's fees in case it shall ~ necessary to or d~end ~n action arie~nq out of the location or exts~ence of such te~ocary encroachmenc.. It is further expressly unders:~d and aqreed that nothing herein contained shall ~ ~ns~ru~ to enlarge such permiis[on a~ au~hority to pe~it the ~[nhen~ce ~ ~necruc:Lon of ~y enccoac~en: ocher th~ kha2 specified herein and to the limited extent specifie~ hecei~, nor to pe~it the maintenan~ a~ consCructfon of any encroachment by anyo~ other I~ is further ex~essly undersold ~d ~qreed ~ha: the party of the Eiret pa~:~ u~n revocatt~ o~ such authority and per~ission so granted, may remove any such encroachment and - _. toltec: the cost t~ any ~annet' p:ovt&ed by 2ay Eot the ~[lectton of local or scare taxes: may require the party of the second part; to remove such tem~ra=y encroachment; a~ ~ndinq =uch removal, Lhc ~artT of the f~r== ~a:t may charge the ~arty of the plrC c~pen~aeion for the us= of s~ch ~Ort[on O~ the easement on~r~ached upon the equivalen~ of what ~uld be the real property the secon~ pa=t; ~n~ ~ such ~mov~l sh~ll no= be made within the c~me ~rdered heceina~ve by this Aqream~t, the City shall im~e a Denelt~ in the ~ ~f Oni ffundre~ ~c~lare ($~O0.OO] per ~ for e~ch and every day t~ac such encroec~ent fa allo~ to continue thereafter, a~ ehal~ collect ~uch ~nsation and penaltiee in any manner p~ovfded by law ~0r the ~llectlon of loca~ oc stste taxes, ZN TI)STZMONY W'~Z:RI~OF, the party of the ~%rst pact has ~use8 thi~ instr~e~t Co be execubed ~y ~t~...~&~ Manager an.~.~. atteste~ by its City Clerk, a~ as o~ ~he 8ay, m~th ~4 year first above ~itten. CI~ O~ V~I~IA BE~CH , ':?w.' ', . -: ...~;;:. ~' ~ ~,. ~ S~ABLv' ' .~'/... ' ~~;"- '-'x 'FJ~ '"- ~ ' . .-,~ .,-p~:. ~.... '.~, %, ,~ /_ '~ ~ ' , ' . . ~,~ ~' ._ .,~.[~,~, . . .. . C'', ."' , S~AT~ 9r VIRGINIA CiTY OF VIRGINIA BEACS, t~wit: Public in and for the Ci~y ~nd State a~dcesaid, do hereby certify that G~ORG~ ~. HANBUay, City Manager, and R~ HO~ES $MITR, City Clerk, for the CI~'OF VIRGINIA B~ACS, whose names az such are , ' . '"'. GIVE)l under my hand thiz ~ day of ~~ , ..' } ONotar~ Publzc ... . ~ " "'.' My C~ias~on Zxptres:.//iJT-~ STAT~ OF VIrGINiA X, _ . a Public In an~ ~or the City and Statl aforesaid, dO hereby ce~tlfy that JAN~ ~~DS~ whos~ ~e fs ai~n~ ~ the ~ogegof~ ~reement, has acknowledged the same be~o=e me in ~ C~ty and G ZV~ under my hand thi, ~~day o, ~. 1981, ... ,, :.,".'. ' Co~t~ni~fl ~pzrel: .-. · ;~,; d i ,.. .illd '~ k ' Il . 10/19/8 (19Bi APP~VED AS 1'0 FOP,.M C~TY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-81 l(aX3) AND 58 1-811(cX4) RE MBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this [ / r~ day of ~'c.a',vtg~-A' , 20 O l , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and JANET L. ROWLANDS, single, HER HE[RS, ASSIGNS AND SUCCESSORS IN TITLE, WITNESSETH That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 11, Block 1, Subdivision of Windsor Woods, Section 8, part 2" and being further designated and described as 4033 W Colonial Parkway, Virginia Beach, Virginia , 23452-2215; and That, WHEREAS, ~t is proposed by the Grantee to maintain an existing in-ground pool, related concrete pool deck and split rail fence, '`Temporary Encroachment", in the City of Virginia Beach, and WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of the City's 5' utility and drainage easement which crosses the rear portion of the Grantee's property and to encroach into a portion of the City property adjacent to the Grantee's property, "The Temporary Encroachment Area", and the Grantee has requested that the City allow the Temporary Encroachment to remain within The Encroachment Area GPIN 1487-00-8463 NOW, THEREFORE, for and in cons~derauon of the prermses and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1 00), in hand paid to the City, receipt of which is hereby acknowledged, the C~ty doth grant to the Grantee permission to use The Encroachment Area for the purpose of maintaining the Temporary Encroachment It is expressly understood and agreed that the Temporary Encroachment will be maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled "PHYSICAL SURVEY OF LOT 11, BLOCK 1, SUBDIVISION OF WINDSOR WOODS, SECTION EIGHT-PART TWO · VIRGINIA BEACH, VIRGINIA. FOR- MELODY A LUBICH," a copy of wluch is attached hereto as Exhibit "A" and to wtuch reference is made for a more particular description It is further expressly understood and agreed that the Temporary Encroachment here~n authorized terminates upon notice by the City to the Grantee, and that wittun flurty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee, and that the Grantee will bear all costs and expenses of such removal It is further expressly understood and agreed that the Grantee shall ~ndemnify and hold harmless the City, its agents and employees, from and agmnst all claims, damages, losses and expenses including reasonable attorney's fees m case It shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment It is further expressly understood and agreed that notknng hereto contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such ~nsurance as ~s deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable The Grantee also agrees to carry comprehensive general liabihty insurance in an amount not less than $500,000 00, combined single limits of such insurance policy or policies The Grantee will provide endorsements providing at least tturty (30) days written notme to the City prior to the cancellation or tenmnation of, or material change to, any of the insurance pohcles. The Grantee assumes all responsibilities and Iiabilit~es, vested or contingent, w~th relation to the Temporary Encroachment It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department It ~s further expressly understood and agreed that the City, upon revocanon of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost tn any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment, and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee, and if such removal shall not be made wittun the time ordered hereinabove by this Agreement, the City may impose a penalty ~n the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes IN WITNESS WHEREOF, JANET L ROWLANDS, the said Grantee has caused this Agreement to be executed by her signature and seal duly affixed Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on ~ts behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk CITY OF VIRG~A BEACH By City Manager/Authorized Designee of the Ctty Manager (SEAL) ATTEST City Clerk jANET L ROWLANDS STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,, , 20_ , by ., CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Pubhc My Commission Expires STATE OF VI~GINIA CITY OF VIRGINIA BEACH, to-wit The foregoing instrument was acknowledged before me this day of ,20 ., by RUTH HODGES SMITH, C~ty Clerk for the CITY OF VIRGINIA 'BEACH Notary Public My Commission Expires' t STATE OF I ~ j?) CITY/COUNTY OF , to-wlt The foregmng instrument was acknowledged before me tlus ,20 d/, by JANET L ROWLANDS My Commission Expires Notary Pubhc day of APPROVED AS TO CITY ATTORNEY APPROVED AS TO CONTENT ~I'TY REAL E$'~ATE AGENT SIGNED 1543 /DI THIS IS TO CERTIFY THAT I ON JUNE /9, 200/ SURVEYED THE PROPERTY SHOWN ON THIS PLAT AND THAT THE TITLE LINES AND THE WALLS OF THE BUILDINO$ ARE SHOWN ON THIS PLAT THE BUILDING5 STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OF OTHER BUILDINGS ON THE PROPERTY EXCEPT AS SHOWN. NOTE A 5 FOOT EASEMENT (UNLE55 ~REATER ~IDTH 4 NOIFD) A/ON~ AND A~IAC~N7 TO ~il ~IP/ AND R/AR LINf ~ (V ~/L LOTS ~ITHIN Th?S 5U~D41310N MA: ~TEEN D~DICA7~O CI~ OF ~'ROINIA ~FAL'M ~ FOR THE IN3IALL AT/ON MAINTENANCE 0:UilL~UE3 AND DNAINA:E SU r'~ j o ~ -- /2 \ 6' ~YOOD FENCE O< NAIL, N57°23, 10"kV ,~,vx '~ ?/N SET 2G. 12' ~ N5725'IO"W .P' [OUNO ZONE "AE' o. 2~a4' LOT 1/, BLOCK IN-GROUND POOL StIED I lqO'l N5 7'25 ' I O " HI 17 16' ZONE "X SHADED" IY 8' 20 5' ?0 I STY. BR & £R /4055 ZONE "X" ~--~ 445' ~ CONC ZONE "X SHADED" ..... ~ '~AE" round PIN 557'25'10"E 46. G 4 ' R= 150. 00' FOUNO L--25 02' WEST COL ONIA L PARKWAY (~' R/~) PHYSICAL SURVEY OF 1, SUBDIVISION OF W/ND£OR WOODS, VIRGINIA BEACH, VIROINIA FOR tHEL OD Y A. L UBICH 9' STORM ORAIN mk't Al ONO ~ SEC T/ON EIGHT- PA £ T TWO NOTES I) THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT Of A TITLE REPORT AND MAY NOT SHOW ANY / ALL EASEMENTS OR RESTRICTIONS THAT MAY AFFECT SAID PROPERTY AS SHOWN 2) LEE S ROOD, P C IS NOT A PARTY IN DETERMINING THE REQUIREMENTS FOR FLOOD INSURANCE ON THE PROPERTY SHOWN HEREON LEE S. ROOD, P.C. Larval S~zrveg/ors NOTE AS SHOWN ON THE FLOOD INSURANCE RATE MAP, THIS PROPERTY APPEARS TO FALL IN FLOOD ZONE IS) AE d( X 5HADEO h X THIS SURVEY DOES NOT IMPLY THAT THIS PROPERTY WILL OR WILL NOT BE SUBJECT TO FLOODING FOR FURTHER INFORMATION. CONTACT THE LOCAL COMMUNITY FL ODD OFFICIAL 5,) ELEVATIONS SHOWN HEREON REFER TO N G VD OF I929 SCALE 1"--20' I DAXE i ii i i 5737 BARTEE STREET NORFOLK, VIRGINIA 23502 Ph. (757) 466-1111 COMMUNITY NO 515551 PANEL NO 2.,°E DATED. 12/5./9__6__ BASE FLOOD ELEVATION = ~, 0 REFERENCE V,4. DEACH M ~.76, PO 12 ill i 55, G 5-0 OHARLE8 D. NOTTINBHAM ~OMMI~$1ONEFI COMMONWEALTH o[ VIR( INIA OF..PAFIIMENT OF 'TRANSPORTATION P. O, BOX 1~i66 CHESAPEAKE, VA 2.3327.1306 P. DENI~ ~IRII~O& PJF. RESIDENT ENGIMi~R October 11, 2001 Ms. Janet Rowlands 4033 West Colonial Paxkway Virginia B~twh, Virginia 23452 Dear Ms, Rowlands: I have compl~ed a search eon,mining th, property noted as belonging to the Virgins Departmmt of Highways on thc attached property plat prepared by Lee S. Rood, P.C., Land Surveyors, dated December 5, 1996. My scax~h included the land records of the Cities of Virg?a Beach and Norfolk. Ewrything that was found/ndicated the subject property is owned by thc City of Virginia Beach. I found no reference to this property being proffered to the Department for future public right of way, if in fact, that is what the original owners had intended. I therefore recommend that you approach the City of Virginia Beach to obtain permission to us~ the property. If qu~tions arise, please contact me. Sincerely, L Resident Engineer ~c- Mr. Donald Bennis Mr. William David Timb~lakc 4033 W. Colonial Parkway ! Pool and Fence looking West Pool and Fence looking South City of Virginia [3each LOUIS R JONES PHONE (757) 583-0177 COUNCILMAN - DISTRICT 4 - BAYSIDE FAX (757) 426-5669 February 26, 2002 Mrs. Ruth Hodges Smith, MMC City Clerk Mumclpal Cente[ Virginia Beach, Virginia 23456 Dear Mrs. Smith. Re Abstention Pursuant to Sect]on 2 2-3115(E), Code of Virginia Pursuant to the V]rgima Conflict of Interests Act, Sect]on 2 2-3115(E), Code of Virginia, I make the following declaration: I am executing this written disclosure regarding City Council's discussion and vote on the ordinance regarding parking spaces at the Town Center , The nature of my personal interest is that ! have an ownership interest in Resource Bank which exceeds three percent of its total equity Resource Bank has entered into a participation agreement with Monarch Bank for a line of credit to Armada Hoffler Properties It is likely that Armada Hoffler Properties will manage the Town Center for the project's developer, Town Center Associates Also, Resource Bank is in negotiations to lease a new building at the Town Center, and the bank would use a portion of the parking spaces which are the subject of the ordinance I wish to disclose this interest and abstain from participating in consideration of the ordinance regarding parking spaces at the Town Center 1008 WITCH POINT '[RAIL, VIRGINIA BEACH, VA 23455-5645 Mrs. Ruth Hodges Smith -2- February 26, 2002 Re: Abstention Pursuant to Section 2 2-3115(E), Code of Vlrglma Accordingly, I respectfully request that you record this declaration in the official records of City Council. I have enclosed an opinion letter from the City Attorney's Office, which addresses this same matter. Thank you for your assistance in this matter. Sincerely, Louis R Jo Councdmember LRJ/RRI Enclosure Item V-I. 7. - 38- ORDINANCES/RES OL UTION ITEM # 49344 Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED: Resolutton re TIDEWATER REGION~IL GROUP HOME COMMISSION'S plan to apply for Juvenile Community Crime Control Act (VJCCC,,t) funding on a Commtsston-wtde basts mstead of an tndtvtdual locahty basts, and, dtrecttng the City Manager to parttctpate tn the development of thts regtonal Plan wtth the Commtsston conttnutng as the fiscal agent for all operattons of the Home Vottng 11- 0 (By ConsenO Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, dr, Barbara M Henley, Louts R clones, Reba S McClanan, Robert C Mandtgo, dr, Meyera E Oberndorf Nancy K Parker, Vice Mayor Wdham D Sessoms, dr and Rosemary Wdson Councd Members Vottng Nay None Councd Members Absent None February 26 2002 A RESOLUTION APPROVING THE TIDEWATER REGIONAL GROUP HOME COMMISSION'S PLAN TO APPLY FOR JUVENILE COMMUNITY CRIME CONTROL ACT FUNDING 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 WHEREAS, the General Assembly enacted the Virginia Juvenile Community Crime Control Act ("VJCCCA") to establish balanced, community based programs and services for juvenile offenders; WHEREAS, the City of Virginia Beach is a founding member of the Tidewater Regional Group Home Commission ("Commission") a regional entity created by Chesapeake, Franklin, Portsmouth, Suffolk, Virginia Beach, Isle of Wight and Southampton, which was established for the purpose of establishing and operating such services on the behalf of its member localities; and WHEREAS, the City Council of the City of Virginia Beach desires that this system of services contmnue to operate uninterrupted by participating in the VJCCCA planning process, having the Commission submit a combined regional plan on behalf of all of the Commisszon members to satisfy the requirements of Virginia Code § 16.1-309.3, and directing that mts portion of the VJCCCA funding be used to fund ~ts portion of the plan. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the T~dewater Regional Group Home Commission is authorized to submit, on behalf of the City of Virginia Beach, a combined regional plan that will be prepared by the Tidewater Regional Group Home Commission on the behalf of its member localities. 2. That the City Manager, or his designee, is hereby authorized and directed to participate in the development of the above-referenced combined regional plan. 3. That the Tidewater Regional Group Home Commisszon wmll continue to operate as the f~scal agent for these programs and all funds awarded to the City of Virginia Beach under the Virginia 35 36 Juvenile Community Crime Control Act will continue to be used to fund the programs included in the plans. 37 38 Adopted by the Council of the City of Virgznia Beach, Virginia, on the 26th day of F~bruary , 2002. CA-8390 ORDIN~NONCODE~VJCCCAres.wpd R3 February 14, 2002 APPROVED AS TO CONTENT: ~anagement Services / APPROVED AS TO LEGAL SUFFICIENCY: TIDEWATER REGIONAL GROUP HOME COMMISSION 2404 Airline Boulevard, Portsmouth, Virginia 23701 Telephone: (757) 488-9161 · Fax: (757) 488-9652 January 10, 2002 Mr. James K. Spore, City Manager City of Va. Beach Municipal Center. Building 1 2401 Courthouse Drive Va. Beach, Virginia 23456-9001 Deal Mr. Spore: 1 1 2002. As you are aware, the Tidewater Regional Group Home Commission has been administering your locality's VJCCCA plan since the legislation was enacted in 1995. One of our responsibilities has been to file the biennial plan on Virginia Beach's behalf. We are writing to request that, beginning with the FY2002-2004 plan, we be permitted to submit that plan on a Commission wide basis instead of in an individual locality format. Operationally. this change ~vill make no differenc.e,, The structure and funding of your plan will remain the same It will greatly simplify the,dev, el, op. men,t of our .pl,a~, s and the submission of reports to the state, however ' ' "' - ,. Il ~, ,~ r · ~ There are several advantages to submitting out plans on a Commission wide basis: It is a cornerstone of the Commission that all our member localities share access to the programs we offer. Because of the format of the VJCCCA planning documents, each time one of our programs is included in a locality's plan, it must be listed discrete program for that locality. For example, all seven of our members have access to the Regional Group Home. Therefore, it is included in all seven plans. Consequently, Regional Group ltome ends up with seven different program identification numbers, with thc ufil,_'zatiep tm get~ and hl~dget parceled out based on our guess as to which locality will make referrals By converting to a Commission wide plan we would reduce the numbe~ of discrete program elements in our plans from 126 to 36! Beginning with January 2002, the Depmlment of Ju'~enile Justice has converted to a new monthly reporting format. Whereas, we have reported on a locality basis In the past. requiring us to sort all of our data by se,,en localities, we nov,, must sort the information according to program identification number. If we do,'t condense the number of programs v~e are listed as operating, we will be required to sort our data into 126 categories. ' . Another new tieature of the planning process this year is the requirement that each program be justified with objective data demonstrating the need for that program in that locality - Cities of Chesapeake · Franklin · Portsmouth · Suffolk & %rginia Beach and Counties of Isle of W~ght & Southampton Commission Wide Plan Request, January 10, 2002 As we pointed out in paragraph one, we are structured in such a way that each participating locality has access to a menu of services. The locality pays for a service only when it refers a child to that service. In all of our present plans we list services for a particular locality just in case they have the need to use it in a given year. It would be impossible to develop an objective demonstration of the need for a program that is listed in a locality's plan on a contingency basis. Further doing a needs assessment that must be structured as if one group home is seven different programs would be cumbersome and only marginally connected to reality! If we submit on a Commission wide basis, we can aggregate the needs data, and we can treat each program as one unit instead of seven. When the VJCCCA was enacted in 1995 we were able to take the new process and overlay it on the Commission's already functional system. As the program has matured, however, it has followed the natural law of state funded, locally administered programs. The reqmrements attached to the process by our partners in state government have grown steadily in number and complexity. Our original adaptations are no longer adequate. In discussing this problem with the court service unit directors, who are part of our planning team, the conversion to a Commission wide plan appeared to be one way to deal with some of the new challenges. This request, therefore, comes to you with their endorsement. Before we can submit a Commission wide plan, we are required to obtain the consent of each locality included in the plan. State policy dictates that the consent of the locality take the form of a resolution adopted by the governing entity. I have adapted a resolution used by the members of the Colonial Group Home Commission (Williamsburg, James City County, York County, and Gloucester County) to convert their plans to a commission wide format. I offer it as a form that has already passed state review. We are requesting your assistance in getting the necessary resolution before your city council. The plans for FY 2002-2004 are due to the Department of Juvenile Justice by April 1, 2002. It would help us immeasurably to know your locality's preference as soon as possible, since if one locality opts for an individual plan, we may have to switch back to the original planning process. Should you need any additional information or clarification before responding to this request, we would be happy to provide it in person or in writing. I have shared a copy of this request ~;:'~',~., your ,,,,-..-~.,~°~li:'~'co Commission members Either would be ham~y., to provide .you with background on the Commission. We continue to appreciate your support and assistance. Sincerely yours, John C. Matish, Executive Director CC: Bruce Bright, Director Second District CSU and Va. Beach Commission Member Jody Wagner, Commission Member, Va. Beach - 39- Item V-K. ITEM # 49345 PLANNING 1. M & M CONTRA CTORS. MODIFICATION OF CONDITIONS (Approved 7/3/2001) CONDITIONAL USE PERMIT 2. R. MATTHEW McGEE. STREET CLOSURE 3. NEXTEL COMMUNICATIONS CONDITIONAL USE PERMIT 4. WOODFIN HEA TING, INC. CONDITIONAL USE PERMIT 5. BLUE HORSESHOE TA TTO0 TWO, LTD. CONDITIONAL USE PERMIT 6. a. VOICE STREAM WIRELESS b. JOSEPHINE PARKER CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT 7. CITY ZONING ORDINANCE a. AMEND 3q 203 re vehicular parking requirements tn the B-3A Pembroke Central Bustness Core Dtstrtct b AMEND 3~ 902 re special setback requirements for certatn lots wtthtn the B-3 Central Business Dtstmct c Refer AMENDMENTS of 3~3~ 1502 and 1507, re maximum building height and hotel density tn the RT-I Resort Tourist District February 26 2002 Item V-K.I. - 40- PLANNING ITEM ii 49346 Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Councd APPROVED in ONE MOTION Items 2, 3, 4 (DEFER), 5, 6, 7a (DEFER), 7b and 7c of the PLANNING BY CONSENT AGENDA Item 4 was DEFERRED, B Y CONSENT, unttl the Ctty Counctl Sesston of March 12, 2002 Item 7a was DEFERRED INDEFINITEL Y, B Y CONSENT Vottng 1 I-O (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 Mayor Oberndorf and Councd Lady McClanan voted a voted a VERBAL NA Yon Item K 5 (Blue Horseshoe Tattoo Two, LTD) Vtce Mayor Sessoms DISCLOSED and ABSTAINED, on Item 7a/b (Pembroke Central Bustness DtstrtcO He ss an officer of Wachovta Bank whtch recently merged wtth Ftrst Unton Nattonal Bank Wachovta Bank has provtded financtng for the Town Center project Counctlman Harrtson DISCLOSED and ABSTAINED, as hts law firm provtdes legal servtces to Armada Hoffler It ss hkely that Armada Hoffler Properttes, wtll manage the Town Center for the project 's developer, Town Center Assoctates Counctlman Jones DISCLOSED and ABSTAINED Pursuant to Sectton 2 2-3115(E), Code of Vtrgtnta on Items 7a/b regardtngparktng spaces at Town Center He has an ownershtp tnterest tn Resource Bank, whtch exceeds three percent of tts total equtty Resource Bank has entered tnto a parttctpatton agreement wtth Monarch Bank for a hne of credtt to Armada Hoffler Properttes It ss hkely that Armada Hoffler Properttes, wtll manage the Town Center for the project's developer, Town Center Assoctates Also, Resource Bank ts tn negottattons to lease a new butldtng at the Town Center, and the bank would use a portton of th e parktng spaces whtch are the subJect of thts Ordtnance Counctlman Jones' letter of February 26, 2002, ss hereby made a part of the record February 26 2002 Item V-K.I. - 41 - PLANNING ITEM # 4934 7 Mtchael Perry, Planner, represented the apphcant and advtsed the buffer has been sattsfactortly addressed Upon motton by Counctl Lady McClanan, seconded by Vtce Mayor Sessoms, Ctty Counctl MODIFIED, AS CONDITIONED, the July 3, 2001, approved Condtttonal Use Permttfor a mtnt-warehouse/se!f-storage tn behalf of M & M CONTRACTORS, INC.: Ordtnance upon Apphcatton of M & M Contractors, Inc ,for a modtficatton of condtttons placed on the Condtttonal Use Permtt for mtnt-warehouse/self- storage facthty on July 3, 2001 Property ss located on the west stde of South Lynnhaven Road, 400 feet more or less south of Lee Htghlands Boulevard (GPIN #1496-27-1368) DISTRICT 3 - ROSE HALL The followtng condtttons shall be requtred All condtttons wtth the exceptton of Number 2 and Number 13 attached to the Condtttonal Use Permtt granted by the Ctty Counctl on July 3, 2001 rematn tn affect 2 Conchtton Number 2 of the July 3, 2001 Condtttonal Use Permtt ss deleted and replaced with the followmg The archttectural destgn elements and extertor butldtng matertals shall be substanttally tn conformance wtth those deptcted on the elevatton entttled "Proposed Detatl Elevattons, Morton Realty Property, Self Storage Facthty," prepared by Sampson and Assoctates Archttects, P C, dated November 21, 2001 3 An office manager shall be on-stte durtng flextble hours of operation wtth the site accesstble for customer use Vottng I 1-0 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 February 26 2002 Item V-K. 2. - 42 - PLANNING ITEM # 49348 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED an Ordtnance upon apphcatton of R. MATTHEW McGEE for the dtsconttnuance, closure and abandonment of a 15-_foot alley Ordinance upon Apphcatton of R Matthew McGee for the dtsconttnuance, closure and abandonment of a 15-foot alley located between Lot 8 and Lot 20, Block 20, Plat of Croatan Beach (654 South Atlanttc Avenue) Satd parcel contatns 750 square feet (GPIN #2426-38-8957, #2426-39-9030) DISTRICT 6- BEACH The followtng condtttons shall be requtred The Ctty Attorney's Office wtll make the final determtnatton regardtng ownershtp of the underlymgfee Thepurchaseprtce to be pard to the Ctty shall be determtned accordtng to the "Pohcy Regardtng Purchase of Ctty 's Interest tn Streets Pursuant to Street Closures," approved by City Counctl Coptes of the pohcy are avatlable tn the Planntng Department The apphcant ts required to resubdtvtde the property and vacate tnternal lot hnes to tncorporate the closed area tnto the adjotntng parcels Theplat must be submttted and approved for recordatton prior to final street closure approval The apphcant ts requtred to vertfy that no prtvate utthttes extst within the right-of-way proposed for closure Prehmtnary comments from the uttltty compantes tndtcate that there are no prtvate utthttes wtthtn the rtght-of-way proposed for closure If prtvate utthttes do exist, easements sattsfactory to the utthty company must be provided Closure of the rtght-of-way shall be conttngent upon comphance with the above stated condtttons wtthtn 365 days of approval by Ctty Counctl If the condtttons noted above are not accomphshed and the final plat ts not approved wtthtn one year of the Ctty Counctl vote to close the rtght-of-way, thts approval shall be constdered null and votd Votmg I 1-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham I4' Harrtson, dr, Barbara M Henley, Louts R clones, Reba S McClanan, Robert C Mandtgo, dr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None February 26 2002 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS A 15-FOOT ALLEY AS SHOWN ON THAT CERTAIN PLAT ENTITLED: PLAT SHOWING PROPOSED CLOSURE OF 15FOOT ALLEY ADJACENT TO LOTS 8 AND 20, BLOCK 20, CROATAN BEACH, MB 24, P.37, VIRGINIA BEACH, VIRGINIA WHEREAS, on February 26, 2002, R. Matthew McGee applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before February 25, 2003; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before February 25, 2003: ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, designated as "PORTION OF 15' ALLEY TO BE CLOSED" as shown on that plat entitled "PLAT SHOWING PROPOSED CLOSURE OF 15' ALLEY ADJACENT TO LOTS 8 AND 20 BLOCK 20 CROATAN BEACH MB 24 P. 37 VIRGINIA BEACH, VIRGINIA" dated 16 October, 2001, prepared by Gallup Surveyors & Engineers, LTD., a copy attached hereto and marked as Exhibit "A", being more particularly described as follows: Be~nning at a point where the southern lot line of Lot 20, Block 20, as shown on the attached plat, intersects the eastern line ofthe 15' alley, thence S 85° 45' 45" W 15'; thence N 04° 14' 15" W 50'; thence N 85° 45' 45"E 15'; thence S 04° 14'15" E 50' to the point of beginning.. SECTION II The following conditions must be met on or before February 25, 2003: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the GPIN: 2426-39-9030 and 2426-38-8957 "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there' are no private utilities within the right-of-way proposed for closure. If private utilities do exist, the applicant shall provide easements satisfactory to the utility companies. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If all conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the roadway, this approval will be considered null and void. SECTION III 1. If the preceding conditions are not fulfilled on or before February 25, 2003, this Ordinance will be deemed null and void without further action by the City Council. 2. If all conditions are met on or before February 25, 2003, the date of final closure is the date tile street closure ordinance is recorded by the City Attorney. SECTION IV 3. A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor." Adopted by the Council of the City of Virginia Beach, Virginia, on this 26th day of February, 2002. CA-8303 January 14, 2002 C \Docuracnts and Scttings~duke~l~ocal Settings\Temp\CA8303 I wpd APPROVED AS TO LEGAL~CY: City Attorney Item V-K. 3. - 43 - PLANNING ITEM # 49349 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED an Ordtnance upon apphcatton of NEXTEL COMMUNICA TIONS for a Condtttonal Use Permtt for a wtreless commumcattons antenna ORDINANCE UPON APPLICATION OF NEXTEL COMMUNICATIONS FOR A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS ANTENNA R0201 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Nextel Commumcattons for a Condtttonal Use Permtt for a wtreless communtcattons antenna on certain property located on property of Domtmon Vtrgtnta Power Substatton on the north stde of Ansol Lane, west of Landmark Square (GPIN #149 7-23-5863) Satd parcel contatns 994 square feet DISTRICT 3 - ROSE HALL The followtng condtttons shall be requtred The antenna addttton shall be constructed as shown on the stte plan tttled, "Lynnhaven Co-Locate Domtnton Va Power Tower," by Clark Nexsen and dated 10/12/01 and exhtbtted to Ctty Counctl A vartance to the front yard setback shall be obtatned by the Board of Zontng Appeals to place the equipment shelter where tt ts shown on the exhtbtt stte plan referenced tn Condttton One If a vartance ts not granted, the eqmpment shelter shall be relocated to meet the requtred 35-foot front yard setback Unless a watver ts obtatned from the Ctty of Vtrgtnta Beach Department of Communtcattons and Informatton Technology (COMIT), a radto frequency emtsstons study, (RF Study), conducted by a quahfied engtneer hcensed to practice tn the Commonwealth of Vtrgtnta, showtng that the tntended user(s) will not tnterfere wtth any Ctty of Vtrgtnta Beach emergency communtcattons facthttes, shall be provtded prtor to stte plan approval for the ortgtnal tower user and all subsequent users In the event tnterference wtth any Ctty emergency communtcattons facthttes arises from the users of thts tower, the user(s) shall take all measures reasonably necessary to correct and chromate the mterference If the tnterference cannot be ehmtnated wtthtn a reasonable trine, the user shall tmmedtately cease operatton to the extent necessary to stop the mterference In the event that the antenna ts not tn use for apertod of one year, the owner shall remove the antenna and supporttng structures from the stte Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Ordtnance Adopted by the Counctl of the Ctty of Virginia Beach, Vtrgtnta, on the Twent¥-stxth of February, Thousand Two Two February 26 2002 Item V-K. 3. - 44- PLANNING ITEM # 49349 (Continued) Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr, 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 g/tlson Counctl Members Vottng Nay None Counctl Members Absent None February 26 2002 Item V-K. 4. - 45- PLANNING ITEM # 49350 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl DEFERRED UNTIL CITY COUNCIL SESSION OF MARCH 12, 2002, the Ordtnance upon apphcatton of WOODFIN HEA TING, INC., for a Condtttonal Use Permtt ORDINANCE UPON APPLICA TION OF WOODFIN HEA TING, INC , FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION Ordtnance upon Apphcatton ofWoodfin Heattng, Inc ,for a Con&ttonal Use Permtt. for an automobile servtce statton on certatn property located on the east side of First Colomal Road, 160feet more or less north of Vtrgmta Beach Boulevard (GPIN #2407-86-4082) Satd parcel contams 41,817 6 square feet DISTRICT 6 - BEACH Voting 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 $ 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 February 26 2002 Item V-K. 5. - 46- PLANNING ITEM # 49351 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Counctl ADOPTED an Ordtnance upon apphcatton of BLUE HORSESHOE TATTOO TWO, LTD. for a Condtttonal Use Permtt for a tattoo studto/body pterctng facthty ORDINANCE UPON APPLICATION OF BLUE HORSESHOE TA TTO0 TWO, LTD, FOR A CONDITIONAL USE PERMIT FOR A TATTOO S TUDIO/B OD Y PIER CING FA CILITY R 0 20231010 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Blue Horseshoe Tattoo Two, LTD, for a Con&ttonal Use Permtt for a tattoo studto/body pterctng facthty at the northwest tntersectton of London Brtdge Road and Bowland Parkway (GPIN #1496-89-9764) Satd parcel ts located at 513 London Brtdge Road and contatns 1 272 acres DISTRICT 6 - BEACH The followtng con&ttons shall be reqmred The Con&ttonal Use Permtt for a tattoo/bodypterctng estabhshment ts approved for one (1) year The apphcant may reapply for a Condtttonal Use Permtt pursuant to the provtstons of the City Zomng Ordinance, and thts re-apphcatton may be made before the termmatton of the one (1) year pertod A bustness hcense shall not be tssued to the apphcant wtthout the approval of the Health Department for conststency wtth the provtstons of Chapter 23 of the Ctty Code No stgnage more than four (4) square feet of the enttre glass area of the extertor wall(s) shall be permttted on the wtndows There shall be no other stgns, tncludtng neon stgns or neon accents tnstalled on any wall area of the extertor of the butldtng, wtndows and/or doors The actual tattootng/body pterctng operatton on a customer shall not be vtstble from any pubhc rtght-of-way adjacent to the estabhshment 5 Thehoursofoperattonshallbe 10 OOa m to 10 OOp m, Monday through Saturday, and 12 OO p m to 800p m on Sunday 6 Thefollowtng con&ttons shall be accomphshed before occupancy of the butldtng and tssuance of the bustness hcense The parktng area tn front of the masonry butldtng shall be re- strtped to show twenty-two (22) parktng spaces, tncludtng one handtcap parktng space Category One screentng, accor&ng to the Landscaptng, Screentng and Buffertng Spectficatton and Standards, shall be mstalled along the edge of the parking lot curb, on both London Brtdge Road and Bowland Parkway Foundation screentng, accor&ng to the Stte Plan Ordtnance, Sectton 5A, shall be tnstalled along the enttre length of the butl&ng wall that ts parallel to Bowland Parkway The foundatton screentng along the butldtng wall parallel to London Bridge Road may be accomphshed with planters 7 The apphcant shall obtatn a certtficate of occupancy for the change of use tn the butldtngfrom the Bmldtng Code Offictal February 26 2002 Item V-K. 5. PLANNING -47- ITEM # 49351 (Continued) Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 O0 of the Zonmg Ordtnance Adopted by the Counctl of the Ctty of Vtrgtma Beach, Vtrgmta, on the Twenty-stxth of Februa~_ , Thousand Two Vottng 9-2 (By Consent) Two Counctl Members Vottng Aye Ltnwood 0 Branch, IIL Margaret L Eure, Wtlham W Harrtson, dr, Barbara M Henley, Louts R Jones, Robert C Mandtgo, Jr, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and Rosemary Wtlson Counctl Members Vottng Nay Reba S McClanan and Mayor Meyera E Oberndorf Counctl Members Absent None February 26 2002 Item V-K. 6. a. - 48 - PLANNING ITEM # 49352 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED an Ordtnance upon apphcatton of VOICE STREAM WIRELESS for a monopole commumcatton tower ORDINANCE UPON APPLICA TION OF VOICE STREAM WIRELESS FOR A CONDITIONAL USE PERMITFOR A MONOPOLE COMMUNICATION TOWER RO 20231011 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Votce Stream Wtreless for a Condtttonal Use Permit for a monopole commumcatton tower on the west stde of Central Drtve, north of Quahty Court (GPIN #1496-67-8537) Satd parcel ts located at 573 Central Drtve and contatns 2, 023 square feet of a 1 89 acre stte DISTRICT 6 - BEACH The followtng conchttons shall be requtred The monopole communtcatton tower and assoctated facthttes shall be constructed as deptcted on the submttted site plan entttled, "Votce Stream Wtreless Condtttonal Use Progresstve Insurance, VA 10335 F, 573 Central Drive, Vtrgtnta Beach, VA 23454", dated 11/8/01 by MSA PC 2 The overall hetght of the commumcatton tower and any antennae shall not exceed 125feet above ground level Landscaptng shall be provtded tn the locattons deptcted on the stte plan referenced above The types and stzes of shrubs and trees shall be determtned durtng the detaded plan revtew process The commumcatton tower shall be developed tn standard gray color In the event that the Federal Avtatton Admtmstratton (FAA) or other hcenstng enttty requtres that the tower be patnted, the hetght of the tower shall be reduced to a level that wtll not reqmre tt to be painted Ltghttng of the tower shall conform to the standard hghttng reqmrement outhned tn FAA gutdelmes for towers of 125feet tn hetght or lower If, due to FAA or other state or federal gutdehnes, modtfied hghttng ts requtred, the apphcant shall reduce the hetght of the tower to that whtch ts permttted by the FAA wtthout a strobe hghttng devtce 6 The apphcant shall work wtth the FAA and the U S Navy to ensure that there ts no confltct wtth att navtgatton tn the area 7 Futurejotnt useforprtmary andsecondary tower users shall be accommodated on thts tower at reasonable terms In the event that the communtcatton tower ts not used for accommodattng wtreless communtcatton antennae for a pertod of one year, tt shall be removed at the tower owner's expense Unless a watver ts obtatned from the Ctty of Vtrgtnta Beach Department of Communtcattons and Informatton Technology (COMIT), a radto frequency emtsstons study, (RF Study), conducted by a quahfied engtneer hcensed to practtce tn the Commonwealth of Vtrgtnta, showtng that the tntended user(s)wtll not tnterfere wtth any Ctty of Vtrgtnta Beach emergency communtcattons facthttes, shall be provtded prtor to stte plan approval for the ortgtnal tower user and all subsequent users February 26 2002 Item V-K. 6. a. - 49- PLANNING ITEM # 49352 (Continued) 10 In the event tnterference wtth any Ctty emergency commumcaaons facthttes artses from the users of thts tower the user(s) shall take all measures reasonable necessary to correct and ehmtnate the mterference If the interference cannot be ehmmated w~thm a reasonable ttme, the user shall tmmedtately cease operatton to the extent necessary to stop the mterference Thts Ordmance shall be effecave tn accordance wtth Sectton 107 (f) of the Zoning Ordmance Adopted by the Councd of the Ctty of Vtrgmta Beach, Vtrgmta, on the Twenty-s~xth of Februa~_ , Thousand Two Two 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, dr and Rosemary Wdson Councd Members Vottng Nay None Councd Members Absent None February 26 2002 Item V-K. 6. b. - 50- PLANNING ITEM # 49353 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED an Ordtnance upon apphcatton of JOSEPHINE PARKER for a bulk storage yard ORDINANCE UPON APPLICATION OF JOSEPHINE PARKER FOR A CONDITIONAL USE PERMIT FOR A BULK STORA GE YARD RO 20231012 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Josephtne Parker for a Condtttonal Use Permtt for a bulk storage yard on the west stde of Central Drtve, north of Quahty Court (GPIN #14 96-6 7-8 5 3 7) Satd parcel ts located at 5 73 Central Drtve and contatns 1 89 acres DISTRICT 6 - BEACH The followtng condtttons shall be requtred The bulk storage area shall be hmtted to the area shown on the submttted site plan entttled, "Stte Development Plan for Bulk Storage Yard Lot 16", prepared by NDI, LLC, dated October 11, 2001 No development, tncludtng expanston of the stormwater management facthty, shall occur wtthtn the seaward 50feet of the Resource Protectton Area Buffer restoratton acceptable to the Planmng Dtrector or hts destgnee shall be provtded Thts shall be determined durtng the detatled plan revtew process Fenctng, landscaptng, and hghttng shall be installed tn accordance with Sectton 228 of the Ctty Zontng Ordtnance and the requtrements of the Stte Plan Ordtnance 5 The gate at the entrance to the enclosed bulk storage area shall be at least 12feet wtde Thts Ordtnance shall be effective tn accordance wtth Sectton 107 09 of the Zomng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twent¥-stxth o_f Februa~_ , Thousand Two Two Votmg 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members' Voting Nay None Counctl Members Absent None February 26 2002 Item V-K. ?.a. - 51 - PLANNING Upon motton by Vtce Mayor Sessoms, INDEFINITELY ITEM # 49354 seconded by Counctlman Branch, Ctty Counctl DEFERRED Ordinance to AMEND 3~ 203 re vehicular parking requirements tn the B-3A Pembroke Central Business Core District Votmg 8-0 (By ConsenO Counctl Members Votmg Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Reba $ McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wdson Counctl Members Voting Nay None Council Members Abstatmng Wtlham W Harrtson, Jr, Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr Counctl Members Absent None Vtce Mayor Sessoms DISCLOSED and ABSTAINED, on Item 7a/b (Pembroke Central Bustness DtstrtcO He ts an officer of Wachovta Bank which recently merged wtth Ftrst Unton Nattonal Bank Wachovta Bank has provtded financtng for the Town Center proJect Councdman Harrtson DISCLOSED and ABSTAINED, as hts law firm provtdes legal servtces to Armada Hoffler It ts hkely that Armada Hoffler Properties, wtll manage the Town Center for theproject's developer, Town Center Assoctates Counctlman Jones DISCLOSED and ABSTAINED Pursuant to Section 2 2-3115(E), Code of Vtrgtnta on Items 7a/b regardtngparktng spaces at Town Center He has an ownership interest tn Resource Bank, whtch exceeds three percent of tts total equtty Resource Bank has entered tnto a parttctpatton agreement wtth Monarch Bank for a hne of credtt to Armada Hoffler Properttes It ts hkely that Armada Hoffler Properttes, wtll manage the Town Center for the project's developer, Town Center Assoctates Also, Resource Bank ts tn negottattons to lease a new butIdtng at the Town Center, and the bank wouM use a portton of th e parktng spaces whtch are the subject of thts Or&nance Counctlman Jones' letter of February 26, 2002, ts hereby made a part of the record February 26 2002 - 52 - Item V-K. 7. b. PLANNING ITEM # 49355 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Cay Councd ADOPTED: Ordtnance to AMEND 3~ 902 re special setback requirements for certam lots wtthtn the B-3 Central Business District Vottng 8-0 (By ConsenO Councd Members gottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wdson Councd Members Vottng Nay None Councd Members Abstatntng Wdham W Harrtson, Jr, Louts R Jones and Vtce Mayor Wdham D Sessoms, Jr Councd Members Absent None Vtce Mayor Sessoms DISCLOSED and ABSTAINED, on Item 7a/b (Pembroke Central Bustness DtstrtcO He ts an officer of Wachovta Bank whtch recently merged wtth First Unton Nattonal Bank Wachovta Bank has provtded financtng for the Town Center project Councdman Harrtson DISCLOSED and ABSTAINED, as hts law firm provtdes legal servtces to Armada Hoffler It ts hkely that Armada Hoffler Properttes, wtll manage the Town Center for the project's developer, Town Center Assoctates Councdman Jones DISCLOSED and ABSTAINED Pursuant to Sectton 2 2-3115(E), Code of Vtrgtnta on Items 7a/b regardtngparktng spaces at Town Center He has an ownershtp mterest tn Resource Bank, whtch exceeds three percent of tts total equtty Resource Bank has entered mto a parttctpatton agreement wtth Monarch Bank for a hne of credtt to Armada Hoffler Properttes It ts ltkely that Armada Hoffler Properttes, wtll manage the Town Center for the project's developer, Town Center Assoctates Also, Resource Bank ts tn negottattons to lease a new butldtng at the Town Center, and the bank wouM use a portton of th e parktng spaces whtch are the subject of thts Ordinance Councdman Jones' letter of February 26, 2002, ts hereby made a part of the record February 26 2002 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 4O AN ORDINANCE ESTABLISHING SPECIAL SETBACK REQUIREMENTS FOR CERTAIN LOTS LOCATED WITHIN THE B-3 CENTRAL BUSINESS DISTRICT SECTION AMENDED' Czty Zonzng Ordinance Section 902 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That Section 902 of the City Zoning Ordmnance is hereby amended and reordained, to read as follows- Sec. 902. Dimensional requirements. (a) The following chart lists the requirements within the B-I, B-IA, B-2, B-3, and B-4 Business Districts for minimum lot area, width and yard spacing for all commercial uses and structures. B-1 B-IA B-2 B-3 B-4 (1 Mmnmmum lot area in square feet. 20,000 20,000 20,000 20,000 20,000 (2 Mmnmmum lot wmdth in feet:* 100 100 100 100 100 (3 Mmnmmum front yard setback mn feetm 30 35 35 35 35 unless a reduced setback ms allowed pursuant to subsectmon (f) (4 Mmnmmum smde yazd setback mn feet, unless a greater setback ms requmred by sectmon 903: 0 0 0 0 0 (5 Mlnmmum smde yard setback adjacent to A street mn feet: 30 35 35 35 35 (6 Mmnmmum rear yard setback mn feet, unless a greatez setback ms required by sectmon 903: 0 0 0 0 0 *Where applicable, newly created corner lots must also adhere to section 4.4(c) of the Subdivzsion Ordinance, requ~rzng additional lot width on certain corner lots. (f) Notwmthstanding the requirements of subsectmon (a), the Planning Director may allow a reduced front yard setback on any zoning lot within the B-3 Central Business District directly 41 42 opposite property located within the B-3A Central Business Core District, and separated from such property by a public riqht-of way 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 having a width of no less than one hundred (100) feet under the following circumstances: (1) the zoning lot is at least five (5) acres in area; (2) the proposed development for which the reduced setback is sought is of a type and quality consistent wmth the standards set forth in the (g) Comprehensive Plan and Pembroke Central Business District Master Plan; and (3) the proposed development does not include any buildings or parcels which are not visually and functionally lnteqrated into the entire development. applications for a reduced setback shall mnclude a detailed plan of development and streetscape plan showing the relationship of all existlnq and proposed buildmngs, pedestrian improvements, sidewalks, parkmnq areas, site landscaping and other physical improvements, and such other mnformatlon as the Plannmng Director may require as bemng necessary to determmne whether the application meets the criteria set forth in subsectmon (f) . (h) In the event the Planning Director denmes an application for reduced setbacks pursuant to subsection (f), the applicant may appeal such denial to the Cmty Council wmthin twenty-one (21) days of the date on which the application was denied. 65 66 67 68 69 70 Adopted by the City Council of the Cmty of Virginia Beach, Virginia on this 26th day of February, 2002. CA-8378 wmm~ordres ~ B-3 setbackordin, wpd February 13, 2002 R-4 Item V-K. 7. c. - 53 - PLANNING ITEM # 49356 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Counctl ADOPTED: Resolutton to refer AMENDMENTS of ~ 1502 and 1507, re maximum building height and hotel density tn the RT-1 Resort Tourist District to the Plannmg Commtsston for constderatton and recommendatton Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None February 26 2002 A RESOLUTION REFERRING TO THE PLANNING COMMISSION PROPOSED AMENDMENTS TO SECTIONS 1502 AND 1507 OF THE CITY ZONING ORDINANCE, PERTAINING TO MAXIMUM BUILDING HEIGHT AND HOTEL DENSITY IN THE RT-1 RESORT TOURIST DISTRICT 10 11 12 13 14 15 16 17 18 19 20 21 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: There is hereby referred to the Planning Commission, for its consideration and recommendation, proposed amendments to Section 1502 of the City Zoning Ordinance, pertaining to maximum building hemght and hotel density in the RT-1 Resort Tourist District. A true copy of such proposed amendments is hereto attached. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Planning Commission be, and hereby is, directed to transmit to the City Council its recommendation concerning the aforesaid amendments no later than forty-five (45) days after the date of adoption of this Resolution. 22 23 24 25 26 27 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 26th day of February, 2002. CA-8391 wmmkordres kczol502res, wpd R-2 February 13, 2002 - 54 - Item V-M. 1. NE W BUSINESS ITEM # 49357 CITY CLERK TO RECORD, BY CONSENSUS: ABSTRA CT OF CIVIL CASES RESOLVED - January 2002 February 26 2002 - 55 - Item V-N. 1. AD JO URNMENT ITEM # 49358 Mayor Meyera E Oberndorf DECLARED the Ctty Councd Meettng ADJOURNED at 6:35 P.M. Beverly 0 Hooks, CMC Chtef Deputy City Clerk Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtnta Beach Vtrgtnta February 26 2002