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AUGUST 26, 1997 MINUTES
City of Virginia Beach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF, At-La.lc VICE MAYOR IVILLIAM D SESSOMS. JR. At large JOHN A BAUM. Blacb,~u,r Bonmgh LINWOOD 0 BRANCH Il! V~gmm Beach Brm~gh WILLIAM W HARRISON. JR. Lynnhama B~agh HAROLD HEISCHOBER. At Large BAR~ARA M HENLEY. Pungo Borough LOUIS R ]ONF~. Bay~l* Ba~mgh REBA S MtCLANAN, Pnncm Anne l~ugh NANCY K PARKER. At-Large LOUISA M $TRAYHORN. K~mff~,~ll~ l~a~gh JAMES K SPORE. Cay M,m~ge~ LESLJE L LJLLEY. C*ty Atto.wy RUTH HODGES SMITH. CMC I AAE. C. ty CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTItOUSE DRIVE VIRGINIA BEACH, VIRGINIA 234~t.9003 (757) 427-4303 August 26, 1997 I. CITY MANAGER'S BRIEFINGS - Conference Room- 1:30 PM A. Be SOUTHERN WATERSHED AREA MANAGEMENT PROGRAM (SWAMP) John Carlock, Director of Physical & Environmental Planning, HRPDC COMPREHENSIVE PLAN Robert J. Scott, Director, Planning Department II. REFERENDUM III. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL CONCERNS V. INFORMAL SESSION - Conference Room - 4:00 PM Ae B~ CALL TO ORDER- Mayor Meyera E. Obemdorf ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. INVOCATION: C, Rabbi Israel Zoberman Congregation Beth Chaverim PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS August 12, 1997 (3. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. I. PRESENTATION 1. KING NEPTUNE XXIV - Vice Mayor, William D. Sessoms, Jr. J. RESOLUTION lo Resolution to AMEND Resolution R-97-02541 (adopted June 3, 1997), re location and design of Kempsviile Road, Phase III; and, to convey fights-of-way. K. ORDINANCES . Ordinances to AMEND sections of the City Code re income-related qualifications for exemptions for certain elderly and handicapped persons: a. Section 28-6 for sewer line exemptions. b. Section 37-10 for water resource recovery fee exemptions. e Ordinance to authorize acquisition of property in fee simple and temporary and permanent easements, by agreement or condemnation for the following sewer and water projects: Re Birdneck Road, Phase II Sewer Lake Ridge Sanitary Sewer & Interceptor Force Main Spigel/South Spigel Neighborhood Sewer Service London Bridge Road, Phase II Water Main Lynnhaven Parkway, Phase XI Water Main Ordinance to AMEND the Capital Budget by establishing CIP Project #9-303 Norfolk- Southern Right-of-Way Acquisition; and, TRANSFER $290,897 from the Tourist Growth Investment - Fund Balance (TGIF) to Norfolk-Southern acquisition re purchase of sixty-slx feet of fight-of-way from Birdneck Road to Baltic Avenue, adjacent to Norfolk Avenue; and, constructing cul-de-sacs at South Fir and Budding Avenue crossings to ensure adequate turn around space for large vehicles. 4. Ordinances to authorize temporary encroachments: a. Into a portion of the City's right-of-way known as Expressway Drive to ESI PROPERTIES II, L.L.C re constructing and maintaining an 8" PVC conduit to carry fiber optics at 5033 Rouse Drive (KEMPSVILLE BOROUGH). b. Into a portion of the City's 50' easement and waterway to JOHN W. and RUBY IC TILLIE at 940 General Smart Drive re constructing and maintaining a bulkhead and ramp adjacent to Wolfsnare Lake (LYNNHAVEN BOROUGH). Ce Into a portion of the City's right-of-way of Kempsville Road, at its intersection with Old Kempsville Road, by COMMUNITY UNITED METHODIST CHURCH re constructing and maintaining two church identification signs (KEMPSVILLE BOROUGH). Deferred Indefinitely 6/24/97 . Ordinance to appoint viewers in the petition of LADM Ass.elates, L.L.C, Lena San,ill. and Contractor's Paving Company, Incorporated for the el,sure of portion of Avenue E, near the boundary right-of-way to Rt.44, Map of East Norfolk (LYNNHAVEN BOROUGH). 6. Ordinances to authorize: a. License Refunds $33,372.45 b. Tax Refunds $ 2,948.78 L. PUBLIC HEARING- PLANNING 6:30 PM PLANNING BY CONSENT - To be determined during the Agenda Review Session. . Ordinance in the petition of THE RUNNYMEDE CORPORATION for the discontinuance, closure and abandonment of the following streets (LYNNHAVEN BOROUGH): Beginning at the Northern boundary of Fourth Street and running 499.40 feet in a Northerly direction, 66.02 feet in width. Third Street: Beginning at the Northeastern intersection of Pine and Third Streets and nmning 412.84 feet in an Easterly direction, 50.02 feet in width. Poplar Streo[: Beginning at the Northern boundary of Fourth Street and running 499.40 feet in a Northerly direction, 66 feet in width. Deferred for Compliance: February 25, 1997 Recommendation: ADDITIONAL 180-DAY DEFERRAL e Ordinance for discontinuance, closure and abandonment in thc Petition of LAWRENCE A. SANCILIO, RACHEL V. SANCILIO, LENA SANCILIO, MAURICE STEINGOLD, LEWIS B. STEINGOLD and SIGNET BANK/VIRGINIA, Trustees under the Will of Israel Steingold (LYNNHAVEN BOROUGH): phase 2 a. Wagner Street - All that portion of Wagner Street not included in Phase I approved June 24, 1997, containing 10,044.31 square feet (10,096 square feet - 51.69 square feet). b. Avenue E - All that portion of Avenue E not included in Phase I approved June 24, 1997, containing 162.67 square feet (214.67 square feet- 52 square feet). Ce First Street - Beginning at the Western Boundary of Avenue E and running in a Westerly direction a distance of 349.78 feet. Deferred 180 Days for Compliance: June 24, 1997 Recommendation: FINAL APPROVAL FOR PHASE 2 . Application ofRUDY MAGNUSSEN for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires all lots created by subdivision to have direct access to a public street at Lot 45A on Alberthas Drive (LYNNHAVEN BOROUGH). Recommendation: APPROVAL . Application of JOSEPH C. ADDINGTON for a Varianc~ to Section 4.4(d) of the Subdivision Ordinance which requires all lots created by subdivision to have direct access to a public street located South of Addington Road (LYNNHAVEN BOROUGH). Recommendation: APPROVAL . Application of JACK RABBIT SELF-STORAGE for a Conditional Use permit for mini- warehouses (expansion) on the West side of South Rosemont Road, South of the Virginia Beach - Norfolk Expressway (189 South Rosemont Road), containing 5.515 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL . Application of CHECKERED FLAG MOTOR CAR COMPANY for a Conditional Use Permit for motor vehicle sales at the Southeast comer of Virginia Beach Boulevard and North Lynnhaven Road (2865 Virginia Beach Boulevard), containing 2.96 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL Application of CHARLES G. & SUSAN L. BARKER for a Conditional Us~ Permit for motor vehicle sales & servic~ on the South side of Laskin Road, East of Regency Drive (1905 Laskin Road), containing 34,290 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL . Application of CHURCH OF ST. GREGORY THE GREAT for a Conditional Use Permit for the expansion of existing school facili _ty (Sullivan Hall) 650 feet more or less South of Virginia Beach Boulevard and 120 feet more or less West of Clearfield Avenue (5345 Virginia Beach Boulevard), containing 37,461.6 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL 1 10. 11. Application of GRAY LUMBER CO., a Virginia Corporation, GRAYLAND COMPANY, L.P., NATIONSBANK, N.A. and ELMON T. GRAY for a ~0nditional Chant~e of Zonin~ District Classification from 0-2 Office District to Conditional H-1 Hotel _ -- District on the South side of Cleveland Street, 350 feet more or less East of Newtown Road, containing 2.14 acres (BAYSIDE BOROUGH). Deferred: Recommendation: August 12, 1997 APPROVAL Applications of the City of Virginia Beach, Department of Eeonomie Development for property at the Northeast and Northwest intersections of Bendix Road and the Virginia Beach-Norfolk Expressway, containing 16.01 acres (KEMPSVILLE BOROUGH): ae Change of Zoning District Classification from O-2 Office District and ~ Industrial District to I-1 Light Industrial District. b. Conditional Use Permit for a television transmission facility. Deferred: Recommendation: August 12, 1997 APPROVAL Applications of ALLSAFE SELF STORAGE LLC on the South side of Baxter Road, 812 feet East of Princess Anne Road (4855-4867 Baxter Road), containing 3.2407 acres (KEMPSVILLE BOROUGH): a, Chan=e of ZoninE District Classification from O-2 Office District to Conditional B-2 Community Business District. b. Conditional Use Permit for mini-warehouses. Recommendation: APPROVAL M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS DEVELOPMENT AUTHORITY PARKS & RECREATION COMMISSION PUBLIC LIBRARY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 08/20/97BAP AGENDA\08-26-97.PLN www. virginia-beach, va. us If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I M B T A S C E S R DATE: August 12, 1997 B R C H C R P E A PAGE: 1 R R H E J L N AS Y B A I O N O A D R S H A N 8 B L N N O K O O AGENDA U C O E E E A R EM R ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N II I I IIA BRIEFING: Dr. E. T. Buchanan, III TECHNICAL CENTER JOINT PROJECT - Dean of Campus TCC/CITYISCHOOLS & Community Sewices TCC IIIIIII CERTIFICATION OF EXECUTIVE CERTIFIED 10-0 Y A Y Y Y Y Y Y Y Y Y IVNI SESSION E F MINUTES -Au~lust 5, 1997 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G AGENDA FOR FORMAL SESSION ADOPTED B Y C O N S E N S U S I-I/111 Resolution to seek temporary ban on Tabled for B Y C O N S E N S U S personal watercraft in City/request appointment of additional legislative authority/regulations committee and restricting operation/direct police future report of resources to enforcement of committee laws/regulations governing personal watercraft. (Sponsored by Vlce Mayor William D. Sessoms, Jr.) . 2 Ordinances re ARTS and HUMANITIES: ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a. AMENDIREORDAIN Ordinance ratifying/confirming creation of Virginia Beach Arts/Humanities Commission (adopted May 7, 1979). b. AMEND Sections 2-45512-456 of City Code changing name of Department to Department of Museums/Cultural Arts. 3 Ordinance to grant franchise to GYRO, ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y V.A. t/a Bozellis to operate open air CONSENT cafe in Resort Area at 208 17th Street (VIRGINIA BEACH BOROUGH). 4la Ordinances to authorize temporary encroachments: Portion of City's easement/waterway by ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y VERNON BJEARLENE C. BONNEY re CONSENT boat lift/dock/pier/bulkhead/fence at 2853 Sandpiper Road (PRINCESS ANNE BOROUGH). b Portion of drainage easement, Chelsea ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Canal by BRIAN WIKAREN W. CONSENT BREMENSTUL re boat lift at 1841 Duke of York Quay (LYNNHAVEN BOROUGH). c Portion of drainage/utility easements/r-o-w ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y by ALBERT J/CHRISTINE J. CLAUS re a CONSENT rip-rap revetment at 2276 Widgeon Lane (PRINCESS ANNE BOROUGH). 5 License Refund - $40,t77.83. APPROVED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT JI1 Petition of VA BEACH MARLIN BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y CLUB/WALTER CASON BARCO for AUTHORIZED closure of parcels (VIRGINIA BEACH ADDITIONAL BOROUGH): DEFERRAL TO 2/10~98 Parcel 1: Greensboro Ave at Mediterranean Ave, Shadow Lawn Heights. Parcel 2: Mediterranean Ave, Shadow Lawn Heights at Greensboro Ave Deferred for Compliance: January 28, 1992 - Februan/11, 1997 2 ALICE ROSE VAUGHAN enlargement of APPROVED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y nonconforming use at 106 Ridge Road In CONSENT R-40 re guest cottage (LYNNHAVEN BOROUGH). Deferred March 11, 1997 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I M B T A S C E 8 R DATE: August 12, 1997 B R C H C R P E A PAGE: 2 R R H E J L N A S Y B A I O N O A D R S H A N S B L N N O K O O AGENDA U C O E E E A R E M R ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N 3 JERRY SPIKER Variance to Sec. 4.4(b) APPROVED 7-4 Y Y N Y N Y Y N N Y Y of Subdivision Ordinance - lots meet CZO at 928 Ballyllnn Road (KEMPSVILLE BOROUGH). 4 COURTHOUSE BAPTIST CHURCHCUP: APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Church at 134711351 Lynnhaven Parkway CONDITIONED IPRINCESS ANNE BOROUGH). BY CONSENT 5 EMMANUEL LUTHERAN CHURCH CUP: APPROVED/ 11-O Y Y Y Y Y Y Y Y Y Y Y Church at 333 Lynnshore Drive CONDITIONED (KEMPSVILLE BOROUGHI. BY CONSENT 6 NICHOLAS/VlCKI RUSSO t/a APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y NICHOLAS VICTORIA HAIR STUDIO PROFFERED COZ from 0-2 to Conditional B-1 at 521 BY CONSENT Old Great Neck Road, Suite 1 (LYNNHAVEN BOROUGH). 7 GRAY LUMBER CO.IGRAYLAND DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y COINATIONSBANK, N.A/ELMON T. 8/26/97 GRAY for COZ from 0-2 to Conditional H-1 on Cleveland Street/Newtown Road (BAYSIDE BOROUGH). 8 MNKHORN BAY ASSOC COZ from H-I/ ALLOWED 11-0 Y Y Y Y Y Y Y Y Y Y Y B-IIB-2/R-40 to A-24 at Laskln Rd/Oriole WITHDRAWAL Dr (LYNNHAVEN BOROUGH). BY CONSENT 9 Virginia Beach Economic Development DEFERRED TO 9-1 Y Y A Y Y Y Y Y Y N Y property at Bendix Road/Virginia Beach- 8/26/97 Norfolk Expressway (KEMPSVlLLE BOROUGH) a. COZ from O-2/I-2 to I-1 b. CUP: television transmission K APPOINTMENTS: ARTS & HUMANITIES COMMISSION APPOINTED 10-0 Y Y A Y Y Y Y Y Y Y Y Thomas A. Felton, Jr. Unexpired term Sharon L Fraim thru 6/30198 Manuel A. Hlpol E. C. Jones Warren E Sacks BOARD OF BUILDING CODE APPEALS Rescheduled B Y C O N S E N S U S DEVELOPMENT AUTHORITY PARKS & RECREATION COMMISSION PUBLIC LIBRARY BOARD L/M/ RECESS TO EXECUTIVE SESSION: APPROVED 10-0 Y Y A Y Y Y Y Y Y Y Y ADD (4:52 PM) ON a. Publicl)~-held Properb/ CERTIFICATION OF EXECUTIVE CERTIFIED 7-0 Y A A Y Y Y Y A Y A Y SESSION (5:30 PM1 N ADJOURNMENT; 5.32 PM MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 26, 1997 Mayor Meyera E. Oberndorf called to order the CITY MAN,,IGER'S BRIEFING in the Council Conference Room, Ctty Hall Building, on August 26, 1997, at 1:30 P.M. Counctl Members Present: John ,4. Baum, William W. Harrison, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf and Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Councd Members Absent: Linwood O. Branch, III Reba $. McClanan Louisa M. $trayhorn [ENTERED: 1:45 P.M.] [ENTERED: 1: 50 P.M.] [ENTERED: 2.05 P.M.] -2- CITY COUNCIL BRIEFINGS SOUTHERN WA TERSHED AREA MANA GEMENT PR OGRAM 1:30 P.M. ITEM # 42497 John Carlock, Director of Physical & Enviornmental Planning - Hampton Roads Planning District Commission, advised the Southern Watershed Area Management Program (SWAMP) is a joint project of the Cities of Virginia Beach and Chesapeake, coordinated by the Hampton Roads Planning District Commission and funded, in part, by the Virginia Coastal Resources Management Program. The Program's purpose is to develop a coordinate management plan for the Southern Watershed Area, which encompasses the watersheds of Back Bay, Northwest River and the North Landing River. Throughout Phase H of the project, the Local Government Advisory Committee (LGAC) has continued to guide the Southern Watershed Area Management Program. The LGAC for SWAMP consists of local government technical resource personnel from the Cities of Virginia Beach and Chesapeake and a representative from the Virginia Dare Soil and Water Conservation District. The Local Government Advisory Committee met consistently between February 1994 and March 1995 In an effort to reach consensus on the issues, the Committee worked as a team to tdent~fy critical watershed problems and priorities. The HRPDC's role in the project is to serve as facihtator, convener, researcher, and manager of the program to alleviate some of the administrative burden from the two cities. The mission statement is as follows: Natural resources, sensitive lands, and water supplies of the southern watersheds of Virginia Beach and Chesapeake shouM be protected and enhanced. Action by Congress in 1990 amending the Coastal Zone Management Act established a new program entitled Sectton 309. Thts Section establishes a funding program to assist local governments or state coastal programs in developtng tmprovements or enhancements to their abihty to manage their coastal resources. In 1992, City staff from the two cities and from the Department of Environmental Quality requested the HRPDC staff to facilitate an effort to develop a program and a proposal. This effort resulted in a significant proposal, which was included in the State's Coastal Zone Strategy. Unfortunately, this was not funded in 1992. In subsequent years, some of the tasks outlined in the proposal have been accomplished through other VCRMP grants and local funding. This project, known as the Southern Watershed Area Management Program (SWAMP) has been funded in two phases through the Virginia Coastal Program's Section 306 competitive grant process. Mr. Carlock, through the utilization of slides, depicted the various facets of the program: GOALS Water quality should be protected and enhanced for water supplies and natural resources conservation. Preserve open lands to help protect and enhance water quality. The character of the Southern Watershed should remain rural while providing for rural residential development Ensure compatibility of recreational activities and commerce wtth natural resource protection. Agricultural and Forestal activities in the Southern Watershed shouM be sustained and encouraged. August 26, 1997 -3- CITY COUNCIL BRIEFINGS SOUTHERN WA TERSHED AREA MANA GEMENT PR OGRAM ITEM # 42497 (Continued) SWAMP PROJECT OBJECTIVES To ensure that resource management initiatives affecting the Southern Watershed of Chesapeake and Virignia Beach are coordinated and integrated. To develop a consensus on goals for environmental management. OBJECTIVES To develop a consensus on critical watershed problems and concerns in order to establish priorities for future technical studies. To maintain momentum toward a coordinated management approach begun through the HRPDC 309 Proposal and APES Programs. A Memorandum of Agreement was signed by Chesapeake and Virginia Beach committing both localities to support the previously mentioned goals and objectives for the Southern Watershed Area MEMORANDUM OF AGREEMENT Appoint a Staff "Southern Watershed Coordinator" Designate and implement a formal staff process for cooperative environmental management Mission Statement, Goals and Objectives are framework for decisions. Continue informal discussions concerning coordination of development review Develop educational materials Coordinate and integrate activities affecting Watershed. Continue analysis of technical water quality studies SWAMP will not require local funding SWAMP will not own land SWAMP will not do anything to expose the localities to liability. This Memorandum of Agreement was entered into October 11, 1995, between the two cities, Virginia Beach and Chesapeake. Funding for SWAMP 96 ts supplied by the Virginia Coastal Resources Management Program under Section 309 of the Coastal Zone Management Act. The funding is match free and is intended for use in supporting the management enhancements outlined in the 1997 Virginia Coastal Needs Assessment Strategy. Use of the funds for land acquisition or construction projects is explicitly prohibited. August 26, 1997 -4- CITY COUNCIL BRIEFINGS SOUTHERN WA TERSHED AREA MANA GEMENT PROGRAM ITEM # 42497 (Continued) Relative the future of The Southern Watershed Special Area Management Plan, there are four primary sets of activities, which are part of the current program: On Saturday, September 13, 1997, at Salem Middle School, a Watershed Stakeholder Workshop will be hem to solicit comments from a broad spectrum of parties with interests in the Southern Watershed Area. A survey has been distributed, which will assist in attempting to structure the aforementioned Workshop. /1 detailed statistical analysis of existing water quality data will be performed. Old Dominion University is assembling this information into a data base. This data will be evaluated to make sure it is consistent. In October, the trends in water quality conditions will be evaluated. This tnformation will be utilized to support management decisions and in coordination with the State and Federal government develop a more reasonable method to monitor water quality in the Southern Watersheds, which would be more cost effective. The Southern Watershed Festival, now called the Green Sea Festival, will be held October 18, 1997, Northwest River Park in the City of Chesapeake. The goal ts to rotate this festival over a period of time between the two cities "Green Sea" is derived from the diary of William Byrd, who, when surveying the Southern Watersheds, wrote relative the great plains of Marshy grasses resembling a "green sea': Research activities will be pursued by the HRPDC staff to attempt to assist the localities' support the types of management programs being pursued. This has been structured as a three-year program. The following program changes are proposed to address the management problems: Redefine Development Controls to protect Water Quality and Preserve Critical Habitat Refinement of the Use of Open Space in Rural Cluster Developments in Virginia Beach: The existing open space provision does not adequately specify the role of open space in habitat preservation and water quality protection. The revision is to clarify the intent and application of open space in rural cluster developments. Criteria for open space will, in part, be based on the results of the research into links between land use and water quality tn this proposal. Establishment of a Rural Preservation District in the City of Chesapeake: Chesapeake wtll develop specifications for a rural preservation district that will be applied to the Southern Watershed Area. The rural preservation district will be based in part on the ideas put forth by Randall Arendt in "Rural by Design". August 26, 1997 -5- CITY COUNCIL BRIEFINGS SOUTHERN WA TERSHED AREA MANA GEMENT PROGRAM ITEM # 42497 (Continued) Improve the Effectiveness of Preservations Districts. Refinement of Preservation District Provisions in the Virginia Beach Zoning Ordinance: The targeted modifications wouM clarify the definition and use of preservation districts as a tool for environmental protection. Proposed changes included limiting by-right and conditional uses to those that are appropriate for a preservation district and new language spectfying measures to protect habitat and water quality. Refinement of Conservation District provisions in the Chesapeake Zoning Ordinance: The definition and provisions of the conservation districts will be modified to provide enhanced protection for significant natural features and water quality. The proposed changes will help minimize adverse envtronmental impacts as new development takes place in the SWA. Habitat Protection Conservation Easement and MOA: The cities of Virginia Beach and Chesapeake will pursue the development of a Memorandum of Agreement with the Nature Conservancy, the U.S. Fish and Wildlife, the U.S. Navy and DCR, to formalize criteria for the use of conservation easements as a tool for open space preservation and wildlife corridor creation in the SWA. No-Wake Zone MOA: Vtrginia Beach and Chesapeake will pursue the development of an MOA between local, state and federal agencies on the use of "no-wake zones" as a tool for habitat protection and erosion control in the SWA. Information Exchange MOA: Virginia Beach and Chesapeake will pursue the development of an MOA between themselves, State and Federal agencies to establish procedures for exchange of information on projects undergoing development review and regulatory changes that impact natural resource management in the SWA. Improve Public Access to Natural Resource Areas. Development of a Memorandum of Agreement on public access: Improvements can be made in the area of public access to the natural resource areas in the SWA The two cities will pursue the development of an MOA between local, state and federal agencies to achieve this goal. Improvement of Agricultural BMPs Development of an MOA on Agricultural BMPs: The Cities of Virginia Beach and Chesapeake will pursue development of an MOA with the Virginia Dare Soil and Water Conservation District to incorporate the results of the water quality and land use research performed under the SWAMP in the development and application of agricultural BMPs in the SWA. August 26, 1997 -6- CITY COUNCIL BRIEFINGS SO UTHERN WA TERSHED AREA MANAGEMENT PR OGRAM ITEM # 42497 (Continued) Eric Wolbern, Hampton Roads Planning District Commission, advised this project presents interesting opportunities. This is an opportunity for dialogue between the two communities and presents the opportunity to utilize Federal dollars to foster communication and cooperation between the two communities. As this program gains more visibility, it is hoped comments will be received from both City Councds and the program will satisfy the needs of the two cities and also foster the sharing of information that will result in maintaining the critical mass required for agriculture in the Southern Watershed and retaining the existing natural resource base. Clay Bernick, Department of Planning, advised major changes to this program can be made to reflect the policy of the new Comprehensive Plan, as adopted. Chesapeake is at the same point as Virginia Beach in adoption of their Comprehensive Plan. Mr Carlock advised the Watershed Stakeholder Workshop will entail presentations by Louis Cullipher, Director of .dgrtculture, relattve the Agricultural Reserve Program, the Chesapeake Department of Planning re Rural Cluster Developments, and the Nature Conservancy on their endeavors relative S WA MP. August 26, 1997 -7- CITY COUNCIL BRIEFINGS COMPREHENSIVE PLAN 2:28 P.M ITEM # 42498 Robert J. Scott, Director of Planning, advised the Comprehensive Plan is the City's official policy on the physical development of the City. This is not a rezoning guide. Pages 1 thru 48 is a proposed philosophy of how the City will develop. This Comprehensive Plan is integrated with six businesses (strategic issues). This Plan represents the thinking of the City Staff as a whole and brings forward important ideas from the points of view of public safety, housing, economic development, and other departments and agencies elsewhere in the City's organization. The Planning Department is the agency which organizes those thoughts The transformation from a reactive plan geared to growth control to a plan of action geared to development of quality necessitates the setting of an agenda. Mr. Scott cited Page iii, which identifies four key foundations for this Plan: The City Council has identified a series of destination points upon which tt wishes the efforts of our government to be focused. At the beginning of the Comprehensive Planning process the Council discussed these ideas and built upon them with the Planning Commission so that they could be included as a basis for the Plan. The City staff has established from among its members six strategic issue teams based upon City Council's destination points. These issue teams (Economic Vitality, Quality Physical Environment, Safe Community, Strengthening Families, Quality Education for Lifelong Learning and Cultural and Recreational Opportunities) have produced an important series of strategtc inittatives closely interrelated with one another and tntended to achieve the destination points the Council identified While the issue teams have set out initiatives across the broad spectrum of community activity, the Comprehensive Plan concentrates mostly on land development issues. The Planning Commission, at the beginning of the process at various sites across the City, conducted a series of seventeen public workshops in which the process was discussed and comments from the public were recorded. Additional meettngs following the formulation of the first DRAFT of the Plan gave the public the opportunity to view and comment upon the results of that process. Addttionally, meettngs were held throughout the process with representatives of numerous interested groups to solicit further comment. It is one of the fundamental characteristics of this Plan that it is based strongly upon citizen comments. Both the Planning Commission and its staff are deeply involved in the daily business of the community and, thus, are made aware on a regular basis of the issues, wishes, concerns and complaints that abound throughout it. The Plan differs from Comprehensive Plans in the past in the following important ways: This is the first Plan in the City's history drafted while it is not the fastest growing city in the stat& This is a Quality Development Plan. It is responsive to the clear message that our ctttzens destre a higher level of quality tn the City's physical environment. This Plan is grounded in a basic philosophy of how we wtsh to improve the City. August 26, 1997 -8- CITY COUNCIL BRIEFINGS COMPREHENSIVE PLAN ITEM # 42498 (Continued) The Comprehensive Plan consists of the following Parts: Part I is a statement of philosophy on how the City intends to grow, improve and meets its physical challenges over the next generation. It sets a context and theme for the Plan and explains not just what we, as a community, intend to do, but why we intend to do it. Part H is a more detailed identification of key issues within each of the planning areas that comprise the City It explains how the philosophy expressed in Part I will be applied to satisfactorily address those issues, and it introduces a series of new tools with which to address them. Part III is a Master Transportation Plan for the City. It sets out a strategy and specific recommendations for both roadway development and transtt operation, hnking the two into a coordinated Plan for transportation. It replaces the Master Street and Highway Plan. Part IV is a Natural Resources Plan for the City. It sets out a comprehenstve accounting of efforts already undertaken in this area, which largely have been very successful, together with a description of additional efforts that must be put forth to achieve our desired results for the City. Part V is an agenda to be carried out to further the purposes of this Plan. The work of planning for the future of the City is not done with the adoption of this Plan. This list of actions will require more resources than are currently available or than may be available in the future. Accor&ngly, this list is prtoritized, so that the City can be assured the most tmportant items are addressed first. The Comprehensive Plan also consists of a second volume, entitled Technical Report. It includes the various elements of information as required by State law in the formulation of a Comprehensive Plan. There are six building blocks of the Plan: Economic Vitality, ,4 Diverse City, Services and Facilities, ,4menities, Healthy Neighborhoods and Preferred City Form. Mr. Scott emphasized the Preferred City Form Building Block, which is a summary of the previous 5 building blocks. The Preferred City Form naturally flows from the preceding five focus areas: economic vitality, diversity, adequate public facilities and services, our amenity base, and healthy neighborhoods. The Preferred City Form is made up of the following ten points: Retention of primarily low density patterns in the north. Retention of rural character in the south. Retention of the Green Line in its current location Retention of a single Transition ,4rea south of the Green line. The Route 44-Virginia Beach Boulevard-Light Rail corridor, representing the area with the most east-west transportation capacity, will serve as an opportunity to increase residential and commercial development intensity. Three major areas in the central part of the City serve as centers for economic development opportunity. They are the Pembroke area, the Lynnhaven Parkway-Oceana area and the Hilltop area. Management of a high intensity tourist area at the Oceanfront that mixes resort businesses with adjacent neighborhoods. The key unifying factor among all the elements in the City is open space. ,4 transportation network within the City designed not just for function, but also for aesthetics. Recognition of neighborhoods as the key building blocks of the City. ~lugust 26, 1997 -9- CITY COUNCIL BRIEFINGS COMPREHENSIVE PLAN ITEM # 42498 (Continued) The Green Line, by another name, was established in the Comprehensive Plan of 1979 Growth and urban activity require the installation and maintenance of adequate public facilities, such as roads, schools and drainage, to support them. In turn. there tz a hmit, dictated by reasonable debt limitations and reasonable tax policy, to the City's abtlity to provide such adequate facilities. It is the policy North of the Green Line to support growth and urban activity in accordance with this Plan and to serve it by installing and maintaining adequate public facilities within a reasonable period of time. It is the policy South of the Green Line not to spend City funds for adequate public facilities except to support the needs of the rural population or to support development that would expand the tax base or amenity base, and not to encourage growth that would rely on such facilities. Through the 1980's largely with the assistance of voter approved Referendums, City Council undertook a tremendous effort to conform to its pohcy, by providing adequate pubhc facihties and services north of the Green Line. Through the 1980 's the City's population grew by approximately 130,000 On a percentage basis, the City was the fastest growing Ctty in the United States. Approxtmately 1990, the General Assembly gave Virginia Beach the opportunity to utilize a particular type of Conditional Zoning, which allowed the acceptance of cash proffers to offset the impact of growth. City Counctl created Transition Areas I and II. Development of a particular type was allowed in these areas, but only if impact created by those developers was offset by the collection or offering of cash proffers. The Master Transportation Plan (MTP) is the City's official document which establishes the functional and physical characteristics of the Ctty's planned transportation network and establishes a general transportation policy that provides guidance for decision making related to the development, design, prtortttzation and implementation of the transportation system The MTP is a long range plan designed to preserve strategic opportunities for transportation improvements in the City. The Master Transportation Plan provides guidance by establishing the following guiding principles that are inherent to the strategic mission of the City: The Master Transportation Plan must: serve more than local needs; be regional and even national in perspective Address the transportation needs of all our citizens Be flexible because our abihty to pre&ct the future is limited Integrate transportatton facthties into the community Be realistic and fiscally responsible The Master Transportation Plan divtdas its recommendations for the provision of surface transportation facilities into two elements: (1) the General Corridor Concept Element, which represents those facilities associated with roadways and right-of-way corridors; and, (2) the Transit and Transportation demand Management Element, which represents those facihties associated with transit and travel demand management. Residents to the north bastcally recognize open space comes in two parts: (1) open space owned by the Ctty, i.e. Redwing Park; and, (2) open space which the City does not own. The City Council should give consideration to acquisttion efforts of key pteces of land in the northern part of the City Currently, the City's budgetary approach identifies 7/10 cent in the tax rate for pushing this effort forward. The Planning staff suggests being more aggressive in this particular area. Mr. Scott will advise relative purchase of the larger tracts of open space in the northern portion of the City and the smaller parcels which are habitat areas for wildlife and aesthetically pleasing. Concern was also expressed relative density along the 44 Corridor, Redevelopment, Green Line, and Transition areas. A DRAFT Schedule of Workshops attd Public Hearings will be provided. The COMPREHENSIVE PLAN shall be SCHEDULED for Adoption on November 11, 1997. August 26, 1997 - 10- CITY COUNCIL BRIEFINGS REFERENDUM 4:00 P.M. ITEM # 42499 With the utilization of slides, E Dean Block, Director of Management Services, distributed information relative the 1997 Proposed School Referendum: FA C TS A ND ,4 NA L YSIS Study sets explicit standards tied to newest schools Adds 47.396 more square footage total at estimated cost of $2$-MILLION Average addttton ts 25,500 square foot per school. Complete demolition of Cooke; Rebuild at 160% square foot lncreas& One-Third Demolition of Bayslde, Build new 42,000 square feet. Enlarge classrooms to approximately Corporate Landing Elementary sizes Adds 76 Classrooms (approximately equtvalent to two (2) Red Mtll- Stze Elementary Schools) Administration areas increase 2.2 times Brtngs "modernized" schools to standards and amenities above schools prolously provided with classroom additions (e.g. Dey, Thorougkgood). "Modernized" Schools Standards and Amenities wdl exceed all Schools except most recent construction (e g Corporate Landtng, Chrtstopher Farms) Removes 16 portables (9 at Tkalia) (as of September 30, 1996). Adds student enrollment capacity of approximately 1300 students. Need not documented. "Typical" Classrooms allows for five (5) computer workstations (approxtmately one (1) computer per 4/5 students) ProJected to all schools Equals total elementary classroom computers of 8-9,000. Each school also provided with computer lab and "wired" media center. Proposed studies expand program to Middle Schools Projected to 24 schools total cost would approach $200-MILLION. Total tax impact of 8.0 cents. After Ftrst 24 schools are completed (approximately 2009) Elementary Schools built between 1970-1979 (8 schools) will be 30-39 years old. Further, the base building of many schools with recent additions such as Dey, Princess Anne & Tkoroughgood will be 47-53 years of age. Pictures of problems at Schools focus on roof, wall, other deterioration. Oceana ElS to be released In mid/late September Outcomes are uncertain Final dectstons expected tn February/March 1998 City Council given 2-3 weeks to review one-year study Effectively sets precedent of physical "parity" for all reconstruction Goes far beyond health and safety Expect an Ongoing Program beyond the 24 schools. "Classes in Halls" not functton of physical condition of schools May result from lack of space for portables, need for redtstrtcttng August 26, 1997 - 11 - CITY COUNCIL BRIEFINGS REFERENDUM ITEM # 42499 (Continued) SUMMARY OF PROPOSED SCHOOL MODERNIZATION EXISTING PROPOSED School Acreage Parlang Sq Ft Program Acreage Parlang Sq Ft Capactty $ Cost Notes Capactty Enroll Portable (9/96) W T Cooke 4 5 23 49,894 544/570/0 5 6 99 79, 794 660 $10 6M Demohsh & RebutM Includes $1 5-M for Land Add7 $ 6M for Design Baystde 9 2 69 68,982 678/662/1 9 2 105 86,472 808 $ 8 2M Demohsh 25,581 sq fi Add 43,000 new Creeds 12 8 37 38,480 334/292/0 12 8 64 62,370 478 $ 6 3M 23,890 sq fi add Woodstock 23 9 67 54, 798 566/736/2 23 9 110 82,364 774 $ 6 9M 27,566 sqft add Shelton Park 12 0 97 53,822 450/456/0 12 0 96 76,047 594 $ 7 IM 22,225 sq fi addttton Kempsvdle 12 1 73 52,674 547/665/2 12 1 105 80,010 752 $ 7 IM 27,336 Meadows sq fi add Luxford 12 7 77 56,469 590/560/2 12 7 93 80,233 708 $ 7 8M 23, 764 add Thaha 15 0 73 56,932 582/717/9 15 0 96 89,183 830 $ 8 5M 32,251 sq fi add Totals 102 20 516 432,051 4318/4658/16 103 30 768 636,473 5604 $62 5M 204,422 net add'l sq fi 47 3% Expan 76 add class- rooms Stucltes $1 OM Referendum $63 5M Total August 26, 1997 - 12- CITY COUNCIL BRIEFINGS REFERENDUM ITEM # 42499 (Continued) OPTIONS Place Referendum on Ballot for 1997 "As Is" Respond to Perceived "need" Brings Older Schools to Parity Standard Sets Precedent If fails, basic renovations (roofs, windows) not done. May confltct with EIS Imperatives If passes, allows Cooke to proceed in 1998 Little time for public education Tax increase in 1998 Does not establish long-term program. Additional action needed Hold Referendum in November, 1998 "As Is" As ortginally planned- for in CIP Sets precedent; brings schools to parity standard Delays start of renovations Allows for adequate public education Tax increase tn 1999 Hold Referendum in November 1998; fund additional studies now Requires use of Current Resources for studies Referendum Date per CIP Delays start of renovations "Standard" issue must be decided before additional studies start. Hold Referendum in November, 1998; fund studies and Cooke Construction now Funding not readily available Establishes "Parity" standard with Cooke Design and Construction 1999 Tax Increase May weaken Referendum Postpone Referendum; reevaluate Scope of Program; provide funds for study of additional elementary schools only Reevaluation requires school administratton and Board Cooperation Delays renovations Allows time for public education Results in smaller tax increases and less debt May allow for single 1998 Referendum for long-term Renovation program for elementary schools 1999 Tax Increase Allows for EIS process to be completed Allows time to make case for State support The City Manger read tnto the record a paragraph from the Virginia Municipal League Report dated July 1997: "The State's failure to fund the SOQ, which basically covers the Operating Cost of schools across the State, would not be as difficult for local government to absorb were it not for the crushing cost of school construction. Local governments receive no State Capital funds. The State's Department of Education 1995-1996 School Facilities survey concluded the true capital needs statewide could be as high as $11.5-BILLION." The Department of Education report went on to say, "The results indicate that for a vast majority, local tax funds cannot meet projected debt service required to upgrade and replace existtng facilities or butld new facilities for tncreasing enrollments. In some localities, property taxes would have to double and still not be able to generate the revenue needed to meet the projected debt service requtrements for modern school infrastructure." The City Manager wished to make it clear this is not just a Virginia Beach problem, but a massive State problem. August 26, 1997 - 13- CITY COUNCIL BRIEFINGS REFERENDUM ITEM # 42499 (Continued) The proposed question shouM be worded relative the tax increase and coordinate with the School Board relative the wording. This is Phase I, there will be at least two more phases. Councilman Harrison and Council Lady Parker agreed to assist with the formulation of the wording of the question. Mayor Oberndorf referenced telephone call from Senator Ed Schrock, Chairman - Friends of the Library, who is encouraging the City to move ahead with the Referendum for Libraries. For Council's consideration, a question shah also be formulated for a Library Referendum. Mr Block summarized City Council's remarks relative the item for the City Council Session of September 2, 1997. The question on the November 1997 Ballot, shah be a Referendum to modernize eight schools. This will not include the Studies at a cost of SI-MILLION, for a Total of $62.$-MILLION. This will entail a cost of 2. 7 cents on the tax rate. The other alternatives mentioned were actions by the City Council to state the City Council intends to hold a Referendum in 1998, directing the City Manager to include Cooke in the 1998 CIP and the studies accordingly; and, consider holding a Referendum in 1998, but to establish an independent group to review the cost and scope of services. Council Members advised there is the possibility of another Referendum relative the Regional Partnership and the opportuntty to encompass the technology portion of schools and some of the modernizations and libraries could also be linked as components of this Referendum ~4ugust 26, 1997 - 14- CONCERNS OF THE MA YOR ITEM # 42500 Mayor Oberndorf expressed appreciation for the completion of the Lake Gaston Project to the Water Task Force Committee (Council Members Louis Jones and John Baum, the City Manager and City Attorney), Members of City Council, Clarence Warnstaff and Tom Leahy, who never lost confidence or "sight of the goal "for fifteen years. This is a momentous occasion and results from unselfish dedication on the part of all concerned. August 26, 1997 - 15- AGENDA RE VIEW SESSION 5:40 P.M. ITEM # 42501 Councilman Branch requested DEFERRAL until the Resort Area Advisory Commission meets and advises relative this Ordinance: K. 3 Ordinance to AMEND the Capital Budget by establishing CIP Project #9-303 Norfolk-Southern Right-of-Way Acquisition; and, TRANSFER $290,897from the Tourist Growth Investment Fund - Fund Balance to CIP Project #9-303 Norfolk-Southern Right-of- Way Acquisition re purchase of sixty-six.feet of right- of-way from Birdneck Road to Baltic Avenue, adjacent to Norfolk Avenue; and, constructing cul-de-sae's at South Fir and Budding Avenue crossings to ensure adequate turn around space for large vehicle. ITEM # 42502 Counctlman Harrison requested dtscussion during the Formal Session: K4c Ordinance to authorize temporary encroachment into a portion of the City's right-of-way of Kempsville Road at its intersection with Old Kempsville Road by COMMUNITY UNITED METHODIST CHURCH re constructing and maintaining two church identification signs (KEMPSVILLE BOROUGH). ITEM # 42503 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: RESOLUTION~ORDINANCES J. 1 Resolution to AMEND Resolution R-97-02541 adopted June 3, 1997, re location and design of Kempsville Road, Phase III. K.I Ordinances to AMEND sections of the City Code re the income-related quali, fications for exemptions for certain elderly and handicapped persons: a. Section 28-6for sewer line exempttons. b. Section 3 7-10 for water resource recovery fee exemptions. K. 2 Ordtnance to authorize acquisition of property in fee simple and temporary and permanent easements, by agreement or condemnation for the following sewer and water projects: a Birdneck Road, Phase II Sewer b Lake Ridge Santtary Sewer & Interceptor Force Main c. Sptgel/S. Spigel Sewer d London Bridge Road, Phase II Water e. Lynnhaven Parkway, Phase XI Water August 26, 1997 -16- .4GEND.4 RE VIEW SESSION ITEM # 42503 (Continued) K. 4 Ordinances to authorize temporary encroachments: ao Into a portion of the City's right-of-way known as Expressway Drive to ESI PROPERTIES II, L.L.C re constructing and maintaining 8" PFC conduit to carry fiber optics; and, to authortze the City Manager to execute the .4greement (KEMPS I/ ILL E B OR 0 UGH). bo Into a portion of the City's 50' easement and waterway to JOHN W. and RUBYK. TILLIE at 940 General Stuart Drive re constructing and maintaining a bulkhead and ramp (L YNNH~4 VEN BOROUGH). K. 5 Ordinance to appoint viewers in the petition of L.4DM .4ssociates, L.L.C, Lena Sancilio and Contractor's Paving Company, Incorporated for the closure of portion of .4venue E, Map of East Norfolk (L YNNH,4 VEN BOROUGH). K. 6 Ordinances to authorize: a. License Refunds $33,372.45 b. Tax Refunds $ 2,948. 78 /lugust 26, 1997 -17- AGENDA RE VIEW SESSION ITEM # 42504 This item will be discussed during the Formal Session relattve the sign. L.5. Application of JACK RABBIT SELF-STORAGE for a Conditional Use Permit for mini-warehouses (expansion) on the West side of South Rosemont Road, South of the Virginia Beach - Norfolk Expressway (189 South Rosemont Road), containing 5.515 acres (L YNNHA VEN BOROUGH). ITEM # 42505 Proffers 3 and 7 should be deleted. This application will be discussed during the Formal Session and not be a part of the Consent Agenda. L9 Application of GRA Y LUMBER CO., a Virginia Corporation, GRA YLAND COMPANY, L.P., NA TIONSBANK, N.A. and ELMON T. GRAY for a Conditional Change of Zoning District Classificatton from 0-2 Office Distrtct to Conditional H-1 Hotel Distrtct on the South side of Cleveland Street, 350feet more or less East of Newtown Road, containing 2.14 acres (BAYSIDE BOROUGH). ITEM # 42506 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: PLANNING L. 1 Ordinance in the petition of THE CORPORA TION for the discontinuance, abandonment of the following streets BOROUGH). R UNNYIffEDE closure and (L YNNHA VEN Pine Street: Beginning at the Northern boundary of Fourth Street and running 499.40feet in a Northerly direction, 66. 02 feet in width. Third Street: Beginning at the Northeastern intersection of Pine and Third Streets and running 412.84 feet in an Easterly dtrection, 50. 02 feet in width. Poplar Street: Beginning at the Northern boundary of Fourth Street and running 499.40feet in a Northerly direction, 66feet in width. L.2 a. Ordinance for discontinuance, closure and abandonment in the Petition of LAWRENCE A. SANCILIO, RACHEL V. SANCILIO, LENA SANCILIO, MA URICE STEINGOLD, LEWIS B. STEINGOLD and SIGNET BANK/VIRGINIA, Trustees under the Will of Israel SteingoM (LYNNHAVEN BOROUGH): Phase 2 Wagner Street - All that portion of Wagner Street not included in Phase I approved June 24, 1997, containing 10,044.31 square feet (1 O, 096 square feet - 51.69 square feet). Avenue E - All that portion of Avenue E not included in Phase I approved June 24, 1997, containing 162.67 square feet (214.67 square feet- 52 square feet). c. First Street - Beginning at the Western Boundary of Avenue E and running in a Westerly directton a &stance of 349. 78 feet. August 26, 1997 - 18- ,4GEND'4 RE VIEW SESSION ITEM # 42506 (Continued) L. 3 Application of RUDYM,4 GNUSSEN for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires all lots created by subdivtsion to have direct access to a public street at Lot 45A on Alberthas Drive (L YNNHA VEN BOROUGH). L4 Application of JOSEPH C. ,4DDINGTON for a Variance to Sectton 4.4(d) of the Subdivision Ordinance which requires all lots created by subdivision to have direct access to a public street located South of Addington Road (LYNNHAVEN BOROUGH). L6 Application of CHECKERED FLAG MOTOR C,4R COMP,4NY for a Conditional Use Permit for motor vehicle sales at the Southeast corner of Virginia Beach Boulevard and North Lynnhaven Road (2865 Virginia Beach Boulevard), containing 2. 96 acres (L YNNHA VEN BOROUGH). L7 Application of CH,4RLES G. & SUS,4N L. B,4RKER for a Condttional Use Permit for motor vehicle sales & service on the South side of Laskin Road, East of Regency Drive (1905 Lasla'n Road), containing 34,290 square feet (LYNNHAVEN BOROUGH). L8 Application of CHUR CH OF S T. GREGORY THE GREA T for a Conditional Use Permit for the expansion of existing school facility (Sullivan Hall) 650 feet more or less South of Vtrginta Beach Boulevard and 120feet more or less West of Clearfield Avenue (5345 Virginia Beach Boulevard), containing 37,461.6 square feet (BA YSIDE BOROUGH). LIO Applications of the City of Virginia Beach, Department of Economic Development for property at the Northeast and Northwest intersections of Bendix Road and the Virginia Beach- Norfolk Expressway, contatning 1601 acres (KEMPSVILLE BOROUGH)' ao Change of Zoning Distrtct Classtfication from 0-2 Office Dtstrict and 1-2 Heaw Industrial District to I-1 Light Industrial Dtstrtct. b. Condttional Use Permit for a television transmission facility. L11 Applications of ALLSAFESELFSTORAGE LLC on the South side of Baxter Road, 812 feet East of Princess Anne Road (4855-4867 Baxter Road), containing 3.2407 acres (KEMPS VILLE B OR 0 UGH): a Change of Zoning District Classification from 0-2 Office District to Conditional B-2 Communi~ Business District. b. Conditional Use Permit for mini-warehouses. Item VI-L. 1. will be .4 UTHORIZED for an ,4DDITION,4L 180-DA Y DEFERRAL (February 24, 1998) B Y CONSENT. Item VI-L. 10 will be DEFERRED INDEFINITEL Y B Y CONSENT. August 26, 1997 - 19- ITEM # 42507 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEA CH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, August 26, 1997, at 5:52 P.M. Council Members Present. John A. Baum, Lmwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None August 26, 1997 - 20 - ITEM # 42508 Mayor Meyera E. Oberndorf, entertained a motion to permtt City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose' LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable littgation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(4)(7). To-Wit: Carolyn Lincoln v. The City Virgtnia Beach, et al Upon motton by Council Lady Parker, seconded by Vice Mayor Sessoms, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None August 26, 1997 - 21 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL August 26, 1997 6:05 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 26, 1997, at 6:00 P M. Councd Members Present: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Counctl Members Absent: None INVOCATION Rabbi Israel Zoberman Congregation Beth Chaverim PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed he would ABSTAIN on Items K. 5 (LADM ASSOCIATES), L. 1 (R UNNYMEDE CORPORA TION), L. 2 (SANCILIO), L. 5. (JACK RABBIT), L 6 (CHECKERED FLAG), L 7 (BARKER) and L. 11 (ALLSAFE). There were no other matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Bank The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any apphcatton that may come before City Council. Vice Mayor Sessoms' letter of January 1, 1997, is hereby made a part of the record. August 26, 1997 - 22 - Item VI-E. CER TIFICA TION OF EXECUTIVE SESSION ITEM # 42509 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE MTH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or constdered by Vtrginia Beach Ctty Council Vottng: 11-0 Council Members Voting Aye' John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Counctl Members Absent None August 26, 1997 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 42508, Page No. 20 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Ruth Hodges Smith, CMC/AAE City Clerk August 26, 1997 - 23 - Item VI-F. 1. MINUTES ITEM # 42510 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of August 12, 1997. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William IV. Harrison, Jr., HaroM Hetschober, Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Counctl Members Absent' None August 26, 1997 - 24 - Item VI-G.I. ADOPT AGENDA FOR FORMAL SESSION ITEM # 42511 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION August 26, 1997 - 25 - Item VI-G.I. ANNOUNCEMENT ITEM # 42512 Mayor O berndorf lNTR OD UCED : TROOP 481 BOY SCOUTS KINGS GRANT BAPTIST Art Shaw, Scout Master Rod Rogge, Leader The Scout Troop ts attending the City Council Session to ear their citizenship and communication badges. August 26, 1997 - 26 - Item VI-G. 2. PRESENTATION ITEM # 42513 Mayor Oberndorf introduced: Robert C. Ford, Vice President - Norfolk and Southern Railway and Chairman of the 1997 Neptune Festival. Chairman Ford brought greetings and mementoes from the XXIV NEPTUNE FESTIVAL. Chairman Ford cited new activities: Three-day Air Show at Oceana (Virginia Beach Neptune Festival Air Show), Expanded Sand Castle Classic, Wine Tasting, Soccer Tournament, Surf Fishing Tournament, and the Neptune Ball. The eight Budweiser Clydesdale horses will be pulling the wagon. Chairman Ford introduced the Neptune Court: PRINCESSES Kathryn Benson Kathryn Booker Holly Fort Brooke Harrison Tiffany Johnston Stephanie Muskovak Erin O'Brien Jessica Parker Mollie Sessoms Graham Strickler Jaime Vakos TRITONS Councilman William W. Harrison Honorable Dave Adams Ed Harem John Panneton Dr. Jess StClair Kent Ewing Chairman Ford INTRODUCED: KING NEPTUNE XXIV VICE MA YOR WILLIAM D. SESSOMS, JR. Mayor Oberndorf presented to the King a blue afghan woven with the historical landmarks of Virginia Beach. August 26, 1997 - 27- Item VI-J/K. RES OL UTION/ORDINANCES ITEM # 42514 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council APPROVED BY CONSENT in ONE MOTION Resolutton 1 and Ordinances 1, 2, 3, 4afo, 5 and 6. Item 3 will be DEFERRED INDEFINITEL Y B Y CONSENT. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan*, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor Wilham D. Sessoms, Jr. and Lomsa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None Vice Mayor Sessoms ABSTAINED on Item K. 5. (SANCILIO), as the applicant does business with his bank. August 26, 1997 - 28 - Item VI-J. 1. RESOLUTION ITEM # 42515 Upon motton by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED: Resolution to AMEND Resolution R-97-02541 adopted June 3, 1997, re location and design of Kempsville Road, Phase III. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A Baum, Linwood 0 Branch, III, William W. Harrtson, Jr, HaroM Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan*, Mayor Meyera E Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay' None Council Members Absent: None August 26, 1997 A RESOLUTION TO AMEND RESOLUTION R- 97 - 02 54 1 PERTAINING TO THE LOCATION AND DESIGN OF KEMPSVILLE ROAD, PHASE III WHEREAS, by resolution adopted June 3, 1997 (R-97-02541), 7 City Council approved the location and major design features of 8 Kempsville Road, Phase III, VDOT Project # 0190-134-V04 (the 9 "Project") as presented at a public hearing on May 23, 1996; 10 WHEREAS, before the Virginia Department of Transportation 11 ("VDOT") will proceed with the Project, the City must formally 12 request VDOT to acquire all rights-of-way necessary for the 13 Project; 14 WHEREAS, language making such a request was inadvertently 15 omitted from Resolution R-97-02541; and 16 WHEREAS, the Department of Public Works recommends that 17 Resolution R-97-02541 be amended to include this required language 18 so that both the City and VDOT can proceed with the Project. 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 That Resolution R-97-02541, a certified copy of which is 22 attached hereto as Exhibit A, is hereby amended by adding the 23 following language thereto: 24 25 26 27 28 29 That the Council hereby requests the Virginia Department of Transportation to acquire all rights-of-way necessary for Kempsville Road, Phase III, VDOT Project # 0190-134-V04, and to convey such rights-of-way to the City of Virginia Beach at the appropriate time. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9_6 day of Augsut , 1997. 32 33 34 35 36 37 38 ATTEST: Clerk of Council CA-6723 ORDIN\NONCODE\KEMPSRD. RES R-1 PREPARED: 08 / 18 / 97 r/City Mani~ . 39 APPROVED AS TO CONTENT: 40 41 partment of Public Works 42 43 44 45 APPROVED AS TO LEGAL SUFFICIENCY: Department of Law R:9 -02541 LOCATION AND DESIGN PUBLIC ~G APPROVAL EXHIBIT A RESOLUTION WHEREAS, a Location snd Design Public Hearing was conducted May 23, 1996 in the City of Virginia Beach by rep~sentatives of the Commonwealth of V'uginia, Deparlment of Transpoaafion after due and proper notice for the purpose of considering the proposed location and design of Kempsville Road, Phase il!_~ ViX)T Project # 0190-134- V04 in the City of V'u'~nla Beach, at which drawings and other pertinent information were made available for public inspection in accordance with the state and federal requirements; and WHEREAS, ail persons and parties in attendance were afforded full opportunity to participate in said public hearing; and WHEREAS, representatives of the Virginia Department of Transportation were present and participated in said hearing; and WHEREAS, the Council had previously requested the Virginia Department of Transportation to program this project; and WHEREAS, the Council had considered all such matters; now THEREFORE, BE IT RESOLVED that the Council of the City of Virginia Beach hereby approves the location and major design features of the proposed project as presented at the Public Hearing; and BE IT FURTIiER RESOLVED, tha~ the Council approves a design feature change fi'om a four-lane divided highway to a six-lane divided highway; and BE IT FURTHER RESOLVED ~ the Council requests that the project include soundwalls at the locations shown during the Public Hearing; and BE IT FURTHER RESOLVED, that the Director of Public Works is hereby authorized to execute, on behalf of the City of Virginia Beach, all necessary utility agreements required in conjunction with this project ^aovt a ? offs. city ATFEST: APPROVED AS - 29 - Item VI-K. 1. ORDINANCES ITEM # 42516 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED, AS CORRECTED*. Ordinances to AMEND sections of the City Code re the income-related qualifications for exemptions for certain elderly and handicapped persons: a. Section 28-6for sewer line exemptions. b. Section 3 7-10 for water resource recovery fee exemptions Voting: *The total combined income is $22,000 NOT $20,000. (Line 59) 11-0 (By ConsenO Council Members Voting ,dye: John ,4 Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R Jones, Reba S. McClanan*, Mayor Meyera E Oberndorf, Nancy K. Parker, Vice Mayor Wdliam D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members `dbsent: None August 26, 1997 AN ORDINANCE TO REVISE THE INCOME-RELATED QUALIFICATIONS FOR SEWER LINE FEE EXEMPTIONS FOR CERTAIN ELDERLY AND HANDICAPPED PERSONS SECTION AMENDED: Section 28-6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 28-6 of the City Code is hereby amended and 8 reordained to read as follows: 9 10 Sec. 28-6. Sewer line fee exemptions--For certain elderly and handicapped persons. 11 (a) Exemption or partial exemption from payment of the line 12 fees prescribed by section 28-4 is provided for certain property 13 owners who qualify under this section. The exemption is to be 14 administered by the city manager or his authorized designee, herein 15 referred to as the administrator. The administrator is hereby 16 authorized and empowered to prescribe, adopt and enforce such rules 17 and regulations, including the requirement of answers under oath, 18 as may be reasonably necessary to determine qualifications for 19 exemption. The administrator may require the production of 20 certified tax returns and appraisal reports to establish income and 21 financial worth. 22 (b) Exemptions shall be granted under this section subject to 23 the following provisions: 24 (1) Title to the property for which the line fee exemption is 25 sought must be held or partially held by the applicant at 26 least one hundred twenty ( 120 ) days prior to the 27 installation or scheduled date of installation, whichever 28 comes first, of the public sewer system. 29 (2) The owner of the title or partial title must be sixty- 30 five (65) years of age or older at least one hundred 31 twenty (120) days prior to the installation or scheduled 32 installation date, whichever comes first, of the public 33 sewer system. If such person is under sixty-five (65) 34 years of age, he or she shall possess a certification by 35 the social security administration, the veterans 36 administration, or the railroad retirement board, or if 37 such person is not eligible for certification by any of 38 these agencies, a sworn affidavit by two (2) medical 39 doctors licensed to practice medicine in the 40 commonwealth, to the effect that such person is 41 permanently and totally disabled, as defined in 42 subsection (f) of this section. The affidavit of at least 43 one of such doctors shall be based upon a physical 44 examination of such person by such doctor. The affidavit 45 of one of such doctors may be based upon medical 46 information contained in the records of the civil service 47 commission which is relevant to the standards for 48 determining permanent and total disability, as defined in 49 subsection (f) of this section. Such medical affidavits 50 shall be filed with the administrator at such time as the 51 applicant files a sewer line fee exemption affidavit. 52 (3) The dwelling to be connected to the public sewer system 53 must be the sole dwelling of the applicant claiming 54 exemption. 55 (4) The total combined income during the immediately 56 preceding calendar year from all sources of the owners of 57 the dwelling living therein and of the owner's relatives 58 living in the dwelling does not exceed twenty two 59 thousand dollars ($2~,000.00); provided that the first 60 five thousand dollars ($5,000.00) of income of each 61 relative, other than spouse or spouses of the owner or 62 owners living in the dwelling shall not be included in 63 such total; and provided further that the first seven 64 thousand five hundred dollars ($7,500.00) or any portion 65 thereof of income received by a permanently and totally 66 disabled owner shall not be included in such total. 67 (5) The net combined financial worth of the owner shall not 68 exceed seventy thousand dollars ($70,000.00), excluding 69 the fair market value of the house to be connected to the 70 public sewer system. Net combined financial worth shall 71 include the value of all assets, including equitable 72 interests, of the owner and of the spouse of the owner. 73 (c) Persons applying for line fee exemption under this 74 section must file with the administrator a line fee exemption 75 affidavit setting forth, in a manner prescribed by the 76 administrator, the location and value of the property to be 77 connected to the public sewer, the names of the persons related to 78 the owner and occupying the dwelling, their gross combined income 79 and their net combined financial worth. If such applicant is under 80 sixty-five (65) years of age, medical certification or affidavits, 81 as set forth in subsection (b) (2) of this section shall also be 82 filed with the administrator. 83 (d) Where the person claiming exemption conforms to the 84 standards and does not exceed the limitations contained in this 85 section, the line fee exemption shall be as shown in the following 86 schedule: 87 Total income, all sources Exemption 88 ~ ~ ~ ~ ..... II,000.00 100% 89 ~,vuv~ n~.n~vA 13,000.00 ~vo 91 lg,000 01 ~o ~ an A~o_ 92 18,000. n~v~ 2nv, ~Ann . ~vnn ~°-u 93 $ 00.00 - 13,000 100% 94 13,000.01 - 15,000 80% 95 15,000.01 - 17,000 60% 96 17,000.01 - 20,000 40% 97 20,000.01 - 22,000 20% 98 (e) If, within twelve (12) months after the line fee 99 exemption is obtained under this section, the applicant's financial 100 position should change, so that its effect would be to remove the 101 person holding the exemption from within the limits and standards 102 of this section, then the person holding the exemption shall refund 103 the amount of the exemption to the city. 104 (f) For purposes of this section, a person is permanently and 105 totally disabled if he is so certified as required in subsection 106 (b) (2) of this section and is found by the administrator to be 107 unable to engage in any substantial gainful activity by reason of 108 any medically determinable physical or mental impairment or 109 deformity which can be expected to result in death or can be 110 expected to last for the duration of such person's life. 111 (g) Any person falsely claiming an exemption or violating any 112 provision of this section shall be guilty of a Class 1 misdemeanor. 113 114 115 116 117 Adopted by the City Council of the City of Virginia Beach on this 26th day of August,1997. 118 119 120 121 CA-6720 g:~ordin~data~proposed~28-6.0R R-1 July 21, 1997 AN ORDINANCE TO REVISE THE INCOME-RELATED QUALIFICATIONS FOR WATER RESOURCE RECOVERY FEE EXEMPTIONS FOR CERTAIN ELDERLY AND HANDICAPPED PERSONS SECTION AMENDED: City Code Section 37-10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 37-10 of the City Code is hereby amended and 9 reordained to read as follows: 10 Sec. 37-10. 11 Recovery fee exemptions--For certain elderly and handicapped persons. 12 (a) Exemption or partial exemption from payment of the 13 recovery fees prescribed by section 37-7.1 is provided for certain 14 property owners who qualify under this section. The exemption is to 15 be administered by the city manager or his authorized designee, 16 herein referred to as the administrator. The administrator is 17 hereby authorized and empowered to prescribe, adopt and enforce 18 such rules and regulations, including the requirement of answers 19 under oath, as may be reasonably necessary to determine 20 qualifications for exemption. The administrator may require the 21 production of certified tax returns and appraisal reports to 22 establish income and financial worth. 23 (b) Exemptions shall be granted under this section subject to 24 the following provisions: 25 (1) Title to the property for which the recovery fee 26 exemption is sought must be held or partially held by the 27 applicant at least one hundred twenty (120) days prior to 28 the installation, or scheduled date of installation, 29 whichever comes first, of the water line. 30 (2) The owner of the title or partial title must be sixty- 31 five (65) years of age or older at least one hundred 32 twenty (120) days prior to the installation or scheduled 33 installation date, whichever comes first, of the water 34 line. If such person is under sixty-five (65) years of 35 age, he or she shall possess a certification by the 36 social security administration, the veterans 37 administration, or the railroad retirement board, or if 38 such person is not eligible for certification by any of 39 these agencies, a sworn affidavit by two (2) medical 40 doctors licensed to practice medicine in the 41 commonwealth, to the effect that such person is 42 permanently and totally disabled, as defined in 43 subsection (f) of this section. The affidavit of at least 44 one of such doctors shall be based upon a physical 45 examination of such person by such doctor. The affidavit 46 of one of such doctors may be based upon medical 47 information contained in the records of the civil service 48 commission which is relevant to the standards for 49 determining permanent and total disability as defined in 50 subsection (f) of this section. Such medical affidavits 51 shall be filed with the administrator at such time as the 52 applicant files a water line fee exemption affidavit. 53 (3) The dwelling to be connected to the water line must be 54 the sole dwelling of the applicant claiming exemption. 55 (4) The total combined income during the immediately 56 preceding calendar year from all sources of the owners of 57 the dwelling living therein and of the owner's relatives 58 living in the dwelling does not exceed twenty two 59 thousand dollars ($22_~,000.00); provided that the first 60 five thousand dollars ($5,000.00) of income of each 61 relative, other than spouse or spouses of the owner or 62 owners living in the dwelling, shall not be included in 63 such total; and provided further that the first seven 64 thousand five hundred dollars ($7,500.00) or any portion 65 thereof of income received by a permanently and totally 66 disabled owner shall not be included in such total. 67 (5) The net combined financial worth of the owner shall not 68 exceed seventy thousand dollars ($70,000.00), excluding 69 the fair market value of the house to be connected to the 70 water line. Net combined financial worth shall include 71 the value of all assets, including equitable interests, 72 of the owner and of the spouse of the owner. 73 (c) Persons applying for recovery fee exemption under this 74 section must file with the administrator a recovery fee exemption 75 affidavit, setting forth, in a manner prescribed by the 76 administrator, the location and value of the property to be 77 connected to the water line, the names of the persons related to 78 the owner and occupying the dwelling, their gross combined income 79 and their net combined financial worth. If such applicant is under 80 sixty-five (65) years of age, medical certification or affidavits, 81 as set forth in subsection (b) (2) of this section, shall also be 82 filed with the administrator. 83 (d) Where the person claiming exemption conforms to the 84 standards and does not exceed the limitations contained in this 85 section, the recovery fee exemption shall be as shown in the 86 following schedule: 87 Total income, all sources Exemption 88 e 00 00 II,000 00 ~nn~ 90 13,000.01 I~,000.00 gO% 91 ~-~ an0 01 I~°,000 00 40°~ 92 ~ o 000 01 20,000 00 ~vo~a°- 93 $ 00.00 - 13,000 100% 94 13,000.01 - 15,000 80% 95 15,000.01 - 17,000 60% 96 17,000.01 - 20,000 40% 97 20,000.01 - 22,000 20% 98 (e) If, within twelve (12) months after the recovery fee 99 exemption is obtained under this section, the applicant's financial 100 position should change so that its effect would be to remove the 101 person holding the exemption from within the limits and standards 102 of this section, then the person holding the exemption shall refund 103 the amount of the exemption to the city. 104 (f) For purposes of this section, a person is permanently and 105 totally disabled if he is so certified as required in subsection 106 (b) (2) of this section and is found by the administrator to be 107 unable to engage in any substantial gainful activity by reason of 108 any medically determinable physical or mental impairment or 109 deformity which can be expected to result in death or can be 110 expected to last for the duration of such person's life. 111 (g) Any person falsely claiming an exemption or violating any 112 provision of this section shall be guilty of a Class 1 misdemeanor. 113 114 115 Adopted by the City Council of the City of Virginia Beach on this 26th day of August, 1997. 116 117 118 119 CA-6721 DATA~ORDIN~ PROPOSED~ 37 - 10. ORD R-1 July 21, 1997 - 30 - Item VI-K.2. ORDINANCES ITEM # 42517 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED: Ordinance to authorize acquisition of property in fee simple and temporary and permanent easements, by agreement or condemnation for the following sewer and water projects: a. Birdneck Road, Phase II Sewer b Lake Ridge Samtary Sewer & Interceptor Force Main c. Spigel/S. Sptgel Sewer d London Bridge Road, Phase II Water e Lynnhaven Parkway, Phase )II Water Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan*, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Coitnctl Members Voting Nay: None Council Members Absent' None August 26, 1997 1 2 3 4 5 6 7 8 9 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 38 39 40 41 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS EITHER BY AGREEMENT OR CONDEMNATION FOR THE SEWER AND WATER PROJECTS - 6-069 6-102 6-056 5-114 5-090 Bird[neck Road, Phase II Sewer Lake Ridge Sanitary Sewer & Interceptor Force Main Spigel/S. Spigel Sewer London Bridge Road, Phase II Water Lynnhaven Parkway, Phase XI Water BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the expansion of these important projects and for public purposes for the perservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Council authorizes the acquisition by purchase or condemnation pursuant to Sections 15.1-236, et seq.,15.1- 897, et seq.,Title 25-46.1 e_t seq., and 33.1-89, et seq., Code of Virginia of 1950, as amended, all that certain real property in fee simple, including temporary and permanent easements as shown on the plans entitled: 6-069 6-102 6-056 5-114 5-090 Birdneck Road, Phase II Sewer Lake Ridge Sanitary Sewer & Interceptor Force Main Spigel/S. Spigel Sewer London Bridge Road, Phase II Water Lynnhaven Parkway, Phase XI Water These project area maps being on file in the Office of Real Estate, Department of Public Utilities, Virginia Beach, Virginia· Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, a reasonable offer to the owners or persons having an interest in said lands· If refused, the City Attorney is hereby authorized to institute proceedings to condemn said property· Adopted by the council of the City of Virginia Beach, Virginia on the ___26 day of A.1111~ , 1997 42 APPROVED AS TO CONTENT: · ' 44 / Cather~n;~. ~anche, P.E. 4 5 J Proj .ct Manager 4 7 Date APPROVED AS TO LEGAL SUFFiCiE;"~CY OUR City of Virginia Beach I TER-0FFIC£ CORRESPOht EhICE DATE: July 10, 1997 TO: FROM: SUBJECT: James K. Spore, C~ty Manager/Executive ~ Clarence Wamstaff, Director/Public Utilities C . ~_~ ~;r~ C~ty Council Agenda Request for Property Acquisition The enclosed Agenda Request is for currently funded water and sewer projects that may need property and easement acquisitions. Constructmn of these sewer and water projects wall alleviate pollution ~n local waterways, replace fmhng septic systems and undersized systems, and provide water and samtary sewer service to emsting neighborhoods. Detailed description, justffication and impact, schedules of activity, and the history of each project are included in the current Capital Improvement Program. This is a routine request for City Councd approval to allow the City Attorney to purchase or condemn the easements and pump station sites which are reqmred to construct the subject water and sewer projects. As has been followed ~n the past, this request for authority is being made with a single Agenda Request to minimize time demands upon you and the City Council. I recommend that City Council approve the attached ordinance to permit the City Attorney to acquire the necessary properties and easements. mrg Attachments: Council Agenda Request with attached Ordinance and Project Area Maps ,UTHERN BLVD. Owls Creek Golf Course Virginia Beach Manne Science BIRDNECK ROAD - PH. II SANITARY SEWER C.I.P. 6-069 2"HR.$ D P.M. LAKE RIDGE SANITARY SEWER AND INTERCEPTORoF2ORCEc. I.P. 6-1 MAIN $CALE~ NT~ I I I III II I SPIGEL / S. SPIGEL SANITARY SEWER NEIGHBORHOOD PROJECT C.I.P. 6-056 DA TE E/25/g7 FILE. ¢w~_06~ dlTn // Oceena Nevel Air S'tetJon USN DAM NECK LONDON BRIDGE RD. LONDON BRIDGE RD.- PH. II WATER MAIN C.I.P. 5-114 SCALE. NTS DATE' 8/25/97 FILE. ce$_f f4 dgn Centerv~lle ES LYNNHAVEN PKWY.- PH. Xl WATER MAIN C. I.P. 5-090 SCALE' ~ DA TE. 8/2.5/97 FILE. ce$_090 dgn i - 31 - Item VI-K. 3. ORDINANCES ITEM # 42518 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council DEFERRED INDEF1NITEL Y' : Ordinance to AMEND the Capital Budget by establishing CIP Project #9-303 Norfolk-Southern Right-of-Way Acquisition; and, TRANSFER $290,897 from the Tourist Growth Investment Fund - Fund Balance to CIP Project #9-303 Norfolk-Southern Right-of-Way Acquisition re purchase of sixty-six feet of right-of-way from Birdneck Road to Baltic Avenue, adjacent to Norfolk Avenue; and, constructing cul-de-sac's at South Fir and Budding Avenue crossings to ensure adequate turn around space for large vehicles. ~ting: 11-0 (By ConsenO Councd Members Voting Aye: John A. Baum, Linwood 0 Branch, III, William tV. Harrison, Jr, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan*, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay. None Council Members Absent: None August 26, 1997 - 32 - Item VI-K. 4a. ORDINANCES ITEM # 42519 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED: Ordinance to authorize temporary encroachment into a portion of the City's right-of-way known as Expressway Drive to ESI PROPERTIESII, L.L.C re constructing and maintaining 8" PVC conduit to carry fiber opttcs; and, to authorize the City Manager to execute the Agreement (KEMPSVILLE BOROUGH). The following conditions shah be required: . , . The temporary encroachment shah be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the Ctty of Virginia Beach and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location. The temporary encroachment shah terminate upon notice by the City of Virginia Beach to the applicant and, within thirty (30) days after such notice is given, such temporary encroachments shall be removed from the City's right-of-way known as Expressway Drive by the applicants and the applicants shah bear aH costs and expenses of removal. The applicants shah indemmfy and hold harmless the City of Virginia Beach, its agents and employees from and against aH clatms, damages, losses and expenses, including reasonable attorney's fees in case it shah be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. The applicants shah obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the Ctty, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry Comprehensive General Liability Insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicants must 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 pohcies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachments. August 26, 1997 - 33 - Item VIJ~.4a. ORDINANCES ITEM # 42519 (Continued) No permission or authority is given to the applicants 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 any one other than the applicants. 6. The applicants agree to maintain the temporary encroachment so as not to become unsightly or a hazard. The applicants shall obtain a permit from the Development Services Center prior to commencing any construction within the City's right-of-way known as Expressway Drive. . The applicants agree that no open cut of the public roadway shall be allowed except under extreme circumstances. Such exception shall be submitted to the Highway Division, Department of Public Works for final approval. . The applicants agree that prior to issuance of a Highway Permit, they will post a Performance Bond and show proof of public lability insurance of a minimum of Five Hundred Thousand Dollars ($500, 000.00). 10. The City, upon revocation of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicants for the use of such portion of the City's easement and waterway encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicants; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachments are allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Vottng: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan*, Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None August 26, 1997 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE RIGHT-OF-WAY OF EXPRESSWAY DRIVE BY ESI PROPERTIES II,L.L.C. ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, ESI Properties II L.L.C., desires to construct and maintain an 8" PVC conduit to carry fiber optics into the City's right-of-way known as Expressway Drive . WHEREAS, City Council is authorized pursuant to §§ 15.1- 316 and 15.1-893, Code of Virginia, 1950, as amended, to authorize a temporary encroachment 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 §§ 15.1-316 and 15.1-893, Code of Virginia, 1950, as amended ESI Properties II,L.L.C., its heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment for an 8" PVC conduit to carry fiber optics in the City's right-of-way as shown on the map entitled: "ENCROACHMENT PLAT OF 8" PVC CONDUIT FOR ELECTRONIC SYSTEMS, INC. KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA MILLER - STEPHENSON & ASSOCIATES,P.C. ENVIRONMENTAL SCIENCES, PLANNING, SURVEYING & ENGINEERING 5033 ROUSE DRIVE VIRGINIA BEACH, VIRGINIA 23462 (804)490-9264 FAX (804)490-0634 PLAT RECORDED IN (MB 124, PG 17)" 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 encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and 34 35 36 37 38 39 4O 41 42 43 ESI Properties II, L.L.C., which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or authorized designee ~s hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that th~s Ordinance shall not be in effect until such t~me as Wlll~am G. Kamarek and Raymond J. Chenosky, the managers of ESI Properties II L.L.C. and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the C~ty of Virginia Beach, V~rg~nla, on the 26 day of August , 1997. 44 45 46 SBURNS/LPLAYES/ESI PROPERTIES. ORD R-1 PREPARED' 7/24/97 R~D AS TO CONTENTS DE PARTM~NT APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY (' NORFOLK-VIRGINIA BEACH EXPRESSWAY BLVD. F_.~8-2 / / 0 0 a~r-~/ o LOC^'I'iON MAi> FOR ESI PROPERTIES II, L.L.C. ENCROACHMENT INTO EXPRESSWAY DRIVE ' SCALE'. 1" -_ 200' · pREp^RED Bi P,/W ENG. DRAFT. 26-JUN-I)! ....... SOU THPORT CIRCLE PA R CEL C- 2 (EL EC TRONIC S YS T£~a /NC:) (DB 2452. PG 1814) N43'12'20"E 7.51 ~_. OF 5' ENCROACHMENT EASEMENT (TO HOUSE A 8" PVC CONDUIT) TO BENEFIT PARCEL. S B-A AND PARCEL C-2. 10.42' -~ P. S. PARTNERS II, LTD (oB z~z4, pc 56z) 1 o' CHESA PEA KE A ND PO TOMA C TEL EPH ONE CO EA SEMEN T __ N 42'00'00" E 926.25' 5.0C PA R CEL B- A (Es/PROPER T/ES 4 Z L C,.) !0' TEMP DRA /NA GE £A SE£MEN T --~t (MB u,~. Pc ~7) S 42'01"'~'6~ W-- 901 06' ZO' DRAINA GE EASEMENT (MB 124, PC 1?)(OB 2458, PC 2L¢7) N/F H. L. TEMPLE (MB 111, PO 52), (DB 1370, PO 580) N/F / EXPRESS WA Y CONS TR U C TI ON C O. -~' ('DB 1099, PG 595) ,! ED ~N DRI V~ (60' R/W) ENCROACHMENT PLAT OF 8" PVC CONDUIT FOR ELECTRONIC SYSTEMS, INC. KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA dOet~ TO10 -kl 10.68' SO3'OO'OO"E 45.52' 48'00'00" E R=706.37' L=25.55' MILLER - STEPHENSON & ASSOCIATES, P.C. ENVIRONMENTAL SCIENCES, PLANNING, . SURVEYING & ENGINEERING 5033 ROUSE DRIVE VIRGINIA BEACH, VIRGINIA 23462 (804)400-9264 FAX: (I]04)400-0634 PLAT RECORDED IN (MB 124, PG 17) ZONED: I-1 DATE: 5-5-97 SCALE: 1" = 100' DWN RY: JJV (DB 2458, PG 2197') IIII I I II I al ~, SOUllYPORT_CIRCLE ('aO'_ R_.,/~..,) N43'12'20"E ~_ OF 5' ENCROACHMENT EASEMENT (TO HOUSE A 8" PVC CONDUIT) TO BENEFIT PARCELS B-A AND PARCEL C-2. 10.42' -~ N/'F P. S. PARTNERS II, LTD (~ ~.~. P~ ~) ! O' CHESA PEA KE A ND PO TOMA C t ' " TEL ~-PH ONE CO. EA SEMEN T (De22~4, pc __ N 42'00'00" E 926.25' 5.( PA R CEL ~- A (ES/ PR OP~-R T,'£S /4 L L. C) ~oe~ T010 ZONED. I-1 !0' TEMP DnA INA CE EA SE£MEN T (Me !24. PC !7) S 42'01'-{-6'-' W-- -- -- 20' DRAINA CE EASEMENT ('MB 124, PC !?)('De 2458, PC 2197) 901 06'_ N,,C- IL. L. TEMPLE (MS lq!, PO $2), (DB !570, PO 580) N/F EXPRESS WA Y CONS TRUC TION C O. ~' (DB ~o~9, PO 10.68' S03'O0'O0"E 45.32' 48'00'00' E R=706.57' L=23.53' t~TH O~ Dn/ 0 ' ENCROACHMENT PLAT OF 8" PVC CONDUIT FOR ELECTRONIC SYSTEMS, INC. KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA MILLER- STEPHENSON & ASSOCIATES, P.C. ENVIRONMENTAL SCIENCES, PLANNING, ' SURVEYING & ENGINEERING 50:]:] ROUSE DRIVE VIRGINIA BEACH, VIRGINIA 23462 (804)490-9264 FAX: (804)490-06:]4 PLAT ~ECO~DED iN (MB 124, PG 17) DATE: 5-5-97 I SCALE: 1" (DB 2458, PG 2197') SOUTI~,,PO. RT CIRCLE~ (60 ~ PA R CEL C- 2 (ELECTRONIC S YS TEM$~ !NC:) 2452. PG !al3,) N4Y12'20"E 7.5{ ~ OF 5' ENCROACHMENT EASEMENT (TO HOUSE A 8" PVC CONDUIT) TO BENEFIT PARCELS B-A AND PARCEL C-2. ,,.,,=mi 10.42' -~ P. S. PARTNERS II, LTD (D~ ~, P~ ~) !0' CHESAPEAKE A ND PO TOMA C TEL EPH ONE CO. EA SEMEN T ('De 2294, PC /ge2) N 42'00'00" E 926.25' . PA R CEL B- A (ES/ PROP£R T/ES #, L.L. C,.,) (DB 2458, PG !0' TEMP Df~A INA GE EA SE£A,YEN T S 42'01~-6"._W~ --901 06' _ _.[_ (MB 124, PC 17)('DB 245B, PC 21~7.) H. L. TEMPLE tt EXPRESS WA Y COHS TRUC TION CO. (~ ~o~. PG ~) ED ~N Dt~I VE ~6 0 ' 8" PVC CONDUIT FOR ELECTRONIC SYSTEMS, INC. R=706.57' L=23.5Y KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA MILLER - STEPHENSON &: ASSOCIATES, P.C. ENVIRONMENTAL SCIENCES, PLANNING, ' SURVEYING & ENGINEERING 5033 ROUSE DRIVE VIRGINIA BEACH, VIRGINIA ~3462 (804)490-92,64 FAX: (804)490-0634 PLAT RECORDED IN JOB~ TO10 (MB 124, PG 17) I I I I I III I / ZONED: I OkTE: 5-5-97 I SCALE: 1"=lOO_'IOWN aY: aJV I SOYOO'OO"E 45.52' S 48'00'00" E (DB 2458, PO 2197) PREPARED BY VIRGINIA BEACH C~t~ Attum¢> 's Ofli~.~ THIS AGREEMENT, made'this ~ day of ~ [~~, 19~7, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a mumc~pal corporation, GRANTOR, party of the first part, and ESI PROPERTIES II, L L C, a Virgima Limited Liability Company, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, GRANTEE, party of the second part WITNESSETH That, WHEREAS, ~t is proposed by the party of the second part to construct and maintain an 8" PVC condmt to carry fiber optics ~n the C~ty of V~rgima Beach, and WHEREAS, in constructing and maintaining such 8" PVC conduit to carry fiber optics, it is necessary that the said party of the second part encroach into a portion of an existing City fight of way known as Expressway Drive, and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such 8" PVC to carry fiber optics within a portion of the City's right of way known as Expressway Drive NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1 00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's right of way known as Expressway Drive for the purpose of constructing and maintaining such 8"PVC conduit to carry fiber optics It is expressly understood and agreed that such 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 of Virginia Beach Public Works GPIN 1477-60-6264 Department's specifications and approval as to size, alignment and location and is more partmularly described as follows, to w~t An area of encroachment into a portion of the City's right of way known as Expressway Drive as shown on that certain plat entitled "ENCROACHMENT PLAT OF 8" PVC CONDUIT FOR ELECTRONIC SYSTEMS, INC, KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA, MILLER- STEPHENSON & ASSOCIATES, PC, ENVIRONMENTAL SCIENCES, PLANNING, SURVEYING & ENGINEERING, 5033 ROUSE DRIVE, VIRGINIA BEACH, VIRGINIA 23462," a copy of which is attached hereto as Extubit "A" and to which reference ~s made for a more partmular description It is further expressly understood and agreed that the temporary encroachment here~n authorized shall terminate upon notice by the City of V~rginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's right of way known as Expressway Drive by the party of the second part, and that the party of the second part shall bear all costs and expenses of such removal It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees ~n case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment The party of the second part agrees to obtain and keep in force All l~sk Property Insurance and General Llabihty or such insurance as is deemed necessary by the party of the first part, and all insurance policies must name the party of the first part as additional named insured or loss payee, as applicable The party of the second part 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 party of the second part will provide endorsements providing at least thirty (30) days written notice to the party of the first part prior to the cancellation or termination of, or material change to, any of the insurance policies The party of the second part assumes all responsibilities and habilities, vested or contingent, with relation to the 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 party of the second part It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard It is further expressly understood and agreed that the party of the second part must submit and have approved a traffic control plan before commencing work in the City's right of way It is further expressly understood and agreed that the party of the second part agrees that no open cut of the public roadway shall be allowed except under extreme · c~rcumstances Such exceptions shall be submitted to the I-hghway D~v~sion, Department of Public Works, for final approval It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Servmes Center prior to commencing any construction within the City's right of way It ~s further expressly understood and agreed that prior to issuance of a H~ghway permit, the party of the second part must post a Performance Bond and show proof of public habdity insurance of a minimum of F~ve Hundred Thousand Dollars ($500,000 00) It is further expressly understood and agreed that the parties of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost ~n any manner provided by law for the collection of local or state taxes, may require the party of the second part to remove such temporary encroachment, and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right of way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part, and if such removal shall not be made within the time ordered hereinabove by this Agr~eement, the City shall impose a penalty in the sum of One Hundred Dollars ($100 00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes IN WITNESS WHEREOF, ESI PROPERTIES, II, L L C has caused this Agreement to be executed in its name and on its behalf by its managers, and the City of Virginia Beach has caused this Agreement to be executed in ~ts name and on its behalf by its 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 C~ty Manager (SEAL) ATTEST City Clerk ,,~PROVED AS TO CONTENT .._. '.L~,u~,,., 0, ~,~ ,_ ~'/ ' SIGNATURE D, FPArrMENT ESI PR, OPERTJES II, L L C Manager /l~anag~r~~ APPROVED AS TO LEGAL SUFFICIENCY STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit , I, /q', ~o,~(¢ E' ~Z-/A;~/9/~ eq ~) ,a Notary Public in and for the City and State aforesaid, do hereby certify that WILLIAM G KAMAREK, Manager on behalf of ESI PROPERTIES II, L L C, a Virginia lirmted liability company on its behalf, whose name is signed to the foregoing Agreement dated the 7~ day of ~ [ca~, , 19 q ? GIVEN under my hand this ~/ day of ~ ~ , 19 ~- ? My Commission Exp,res ~~O,/~ f7 STATE OF VIRGI~A CITY OF ~/~ ~ C~ , to-wit I, /4/. ~o~L~c'' ~~~#-,~J , a Notary Public in and for the City and State afresaid do hereby certify that RAYMOND J CHENOSKY, Manager, on behalf of ESI PROPERTIES II, L L C, a Virginia limited liability company, whose name is signed to the foregoing Agreement dated the '~//aday of x~//x~_ , 19 ~7, GIVEN under my hand this ~tdayo;~L~ ,19 ~ ? ~/N{~tary My Commission Expires RESOLUTION OF MF~ERS OF ESI PROPERTIES II, L.L.C. APPOINTMENT OF EXECUTIVE COM~ITTEE AND OFFICERS THIS RESOLUTION is made as of this 23rd day of DeceI~ber, 1996, by KAHAR~K FAMILY LIMITED PARTNERSHIP, CHENOSKY FAMILY LIMITED PARTNERSHIP, TIMOTHY D. MCCUI/X)C~, JAMES R. STROUD and TROIANO FAMILY LIMITED PARTNERSHIP, being all the members of 2SI PROPERTIES II, L.L.¢., a Virginia limited liability uompany, with respect to the authority of WILLIAM G. KAMAREK and RAYMOND J. C~ENOSKY. WHEREAS, it is de. ired by all members of ESI PROPERTIES II, L.L.C., a Virginia limited liability company (the "Company") that WILLIAM G. KAMAR~K and RAYMOND J. CHENOSKY, Managers {the "Managers"), pursuant to a written operating Agreement, dated December 20, 1996, be empowered and authorized to execute and deliver contracts, deeds of trust, and other legal documents relative to the operation of the Company. NOW, THEREFORE, BE IT RESOLVED, that the ,aid Manager, are hereby designated, empowered and authorized to execute and deliver, on behalf of the Company, contracts, deeds of true=, and other legal documeDts relative =o the operation of the Company, and to take all other actions, in their reasonable discretion, as may be necessary =o effectuate and consummate transactions in the orainary course of business for the ben®fit of the Company; and they shall be elected as President and Secretary/Treasurer respectively as the ~xecutive Committee pursuant to Paragraph 8.01 ~nd 9.01 of the Operating Agreemen~ and as such that they AND BE IT R~SOLVED FURTHER, that any ~uch document~ or in:;%ruments executed and delivered by both ~aid Of~icers, or aDy ~uch actions taken by the Officers on behalf of the Company, are hereby ratified and confirmed, and all ~uch acts are adopted as the Company' s own; AND BE IT RESOLVED FURTHER, th&~ any suoh instrument, executed by the said Of Ticers on behalf of the Company among land records of City of virginia Beach, Virginia, shall be conclusive evidence of the consent and authorization of all the members of the Company to the conveyance, eno~mbrance or action set forth in said instrument until and unle&s a new re~olution execute~ by the members shall be ~ecorded. -- r~-2.~-lgB? 88:01 · £SI j. o IN WITNESS WHEREOF, the undersigned, bmJ. nq all the memberI of the company, have executed this resolutiun effective as of th. date first above written. ESI PROPERTIES II, L.L.C. a Virginia limited liability company By: ~K F~LY LIMITED PARTNERSHIP ~iLLIAM ~. ~(A~K, ~ene-ral Pa~ner By: CHENOSKY FAMILY (SZAL) (SmAL) TIMOTHY D. J~S R. STROUD Me--her By: TROIANO FAMILY LIMITED PARTNERSHIP '~. WILLIAM TROIANO, General Pa~nmr [CITY] [~OU~TY]-OF ' ' ' to-wit: The foregoing instrument was acknowledged before me Decembmr Z~ , ]996, by WILLIAM G. KAMAREK, RAYMOND J. CHENOSKY, TIMOTHY D. MCCULLOCH, JAMES R. STROUD and E. WILLIAM TROIANO, as members on behalf of ESI PROPERTIES II, L.L.C., a V~rgSnia limited liability company. My co~mission e_xpir_.ee ~)_~-l~0.~.. ., . TOTAL - 34 - Item VI-K. 4b. ORDINANCES ITEM # 42520 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED: Ordinance to authorize temporary encroachment into a portion of the City's 50' easement and waterway to JOHN W. and RUBY K. TILLIE at 940 General Stuart Drive re constructing and maintaining a bulkhead and ramp (L YNNHA VEN BOROUGH). The followtng conditions shall be required: The temporary encroachment shah 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 of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location. . The temporary encroachment shah termtnate upon notice by the Ctty of Virginia Beach to the applicant and, wtthin thirty (30) days afier such notice is given, such temporary encroachments shall be removed from the City's 50' easement and waterway by the apphcants and the applicants shall bear all costs and expenses of removal . The apphcants shall indemnify and hold harmless the Ctty of Virginia Beach, 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 locatton or existence of such temporary encroachments. No permission or authority is given to the applicants to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified heretn, nor to permit the maintenance and construction of any encroachments by any one other than the applicants. 5 The applicants agree to maintain the temporary encroachments so as not to become unsightly or a hazard. The applicitnts shah obtain a permit from the Development Services Center prior to commencing any construction within the City's 50-foot easement. The applicants agree that any above ground temporary encroachments shall conform to the mintmum setback requtrements, as established by the City's Zoning Office. , The applicant shah submit for review and approval a survey of the area betng encroached upon, certtfied by a registered professional engineer or a certified hcensed land surveyor and/or "as built" plans of the temporary encroachment, sealed by a regtstered professional engineer, of the temporary encroachment, if required by either the Ctty Engineer's OJfice or the Engtneertng Division of the Public Utilities Department. August 26, 1997 - 35 - Item V-I. 4. b. ORDINANCES ITEM # 42520 (Continued) The City, upon revocation o. f such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant.for the use of such portion of the City's easement and waterway encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachments are allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Vottng: 11-0 (By ConsenO Council Members Voting Aye: John A Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Councd Members Voting Nay' None Councd Members Absent: None August 26, 1997 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY' S EASEMENT AND WATERWAY ADJACENT TO JOHN W. AND RUBY K. TILLIE, PROPERTY AT 940 GENERAL STUART DRIVE. WHEREAS, John W. and Ruby K. Tillie, desire to construct and maintain temporary encroachments into the City's easement and waterway located at 940 General Stuart Drive to construct and maintain a bulkhead and ramp. WHEREAS, City Council is authorized pursuant to ~ 15.1- 316 and 15.1-893, Code of Virginia, 1950, as amended, to authorize a temporary encroachment upon the City's easement and waterway 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 ~ 15.1-316 and 15.1-893, Code of Virginia, 1950, as amended John W.and Ruby K. Tlllie their heirs, assigns and successors in title are authorized to construct and maintain temporary encroachments into a portion of the City's easement and waterway as shown on the map entitled: " PROPOSED BULKHEAD REPLACEMENT IN WOLFSNARE LAKE SOUTHERN POINT VIRGINIA BEACH, VA. 23454 APPLICANT: JOHN W. TILLIE" 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 John W. and Ruby K. Tillle, (the "Agreement") which is attached hereto and incorporated by reference; and 34 BE IT FURTHER ORDAINED that the City Manager or his 35 36 37 38 39 40 authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as John W. and Ruby K. Tillle and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ day of A ...... ~ , 1997. 41 42 43 44 CA-# '-~ S BURNS / T I LLIE. ORD R-1 PREPARED: 7/21/97 //%VED AS TO CONTENTS DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY A~D FORM THIS AGREEMENT, made this /~~ day of .~J~/~// , 19~ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and JOHN W. TILLIE AND RUBY K. TILLIE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the second part. WITNESSETH: That, WHEREAS, the party of the second part is the owner of that certain lot, tract, or parcel of land designated and described '~s "Lot 89, Section Two, Subdivision of Southern Points" and being further designated and described as "940 General Stuart Drive, Virginia Beach, Virginia 23456" and That, WHEREAS, it is proposed by the party of the second part to construct and maintain a bulkhead and ramp in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such bulkhead and ramp, it is necessary that the said party of the second part encroach into a portion of an existing City 50-foot easement, and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such bulkhead and ramp within a portion of the City's 50-foot easement. GPIN 1498-92-1542 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's 50-foot easement for the purpose of constructing and maintaining such bulkhead and ramp. It is expressly understood and agreed that such 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 of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of temporary encroachment into a portion of the City's 50-foot easement as shown on that certain plat entitled: "PROPOSED BULKHEAD REPLACEMENT IN WOLFSNARE LAKE SOUTHERN POINT VIRGINIA BEACH, VA. 23454" copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's 50-foot easement by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, 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 such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission an~ 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 party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said temporary encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's 50-foot easement. It is further expressly understood and agreed that any above ground temporary encroachments shall conform to the minimum setbacks requirements, as established by the City's Zoning office. It is further expressly understood and agreed that the party of the second part shall submit for review and approval, a survey of the area being encroached upon, certified by a professional engineer, and/or "as built" plans of the temporary encroachment, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the party of the second part, and may require the party of the second part to remove such temporary encroachment, and if such removal is not be made within the time ordered hereinabove by this agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, John W. Tillie and Ruby K. Tillie, the said party of the second part, have 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 its behalf by its city manager and its seal be hereunto affixed and attested by its city clerk. CITY OF VIRGINIA BEACH City Manager/Authorized Designee of the City Manager (SEA ) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this .~day of , 19 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 19 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public STATE OF VI .~_~1 ..~! ~ CITY/COUNtY OP ~!~!~;I/~ ~'~£~_ , to-wit: The foregoing instrument was acknowledged before me this /~ day of~ I~ , 19 q~ , by John W. Tillie and Ruby K. Tillie. My Commission .E. xpires: ~0~6~ 3/, ~6~ ! V.A.S TO CONTENT SEQUENCE OF EVENTS BAGS RIP-RAP DO NOT DISTURB) VOLFSlIARE LAKE (PRIVATE) 1. SITE ACCESS THRU COIL.DRIVE. i!HATERAL STAGED AT BULKHEAD AREA. EASEffE~ CONSTRUCT BULKHEAD. PLACE AND GRADE BACEFILL. 5. ESTABLISH LAYN,FESCUEJ ~ e 2001 PER ACRE. PROPOSED DUCK RAHP EXISTING IOTTEI BULKHEADq~_ REMAll zm PLACE) .%~ pP0SED BULKHEAD ~ TO BE REPLACED (127'LF) RETURN 6'0' ~-, ION-TIDAL CONTROLED ELEV. PROPERTY LINE IS THE CL OF 100' PL&TFORR fRPACT'~b BY ILIrD. COIST. TO BE IEFLACED TO OIfGflAL CDIDITIOI. ~k ST .LIRITS.~.__.._~, o~TUR~D AREA (] 'soIL & SEEDED '50'EASEMENT L! VEST SIDE 1 STY.BRICK /9qo So. FT) m R .NOTE: P A 6'RETU~ APO APPR NOT APPROV L L PURPOSE: EIOS ! OB COISTIOL ADdACENT PROPERTY OVlERS 9qq J. RCNARARA 956 USER TECH.ASSOC THOMPSON · ABSOCIAT~S MARINA COaSULTAId T 370J BOSUN DR SITE PLAN SCALE ]*'-- 30' APPLICANT: HR. JOHN V. TILLIE 9qO GENERAL STUART DR. VTRGZNIA BEACH,VA. 23qSq I10 VEGETATED VETLASDS PROPOSE]) BULKHEAD REPLACERENT IN VOLFSNARE LAKE SOUTHERN POINT VIRGINIA BEACH, VA.Z3qSq APPLICANT: JOHN ¥. TZLLIE DATE 2-Z8-97 SHEET ! OF 2 REV.q/29/97 CITY REVIEW COMMENTS ADDED ~O0'EASEMENT LINE - 36- Item VI-K. 4~ ORDINANCES ITEM # 42521 The following registered in SUPPORT of the application: Dr. Keith Almond, Pastor - Community United Methodist Church George Du Val, Chair, Outreach - Community United Methodist Church Robert Snowdon, Charter Member - Community United Methodist Church Upon motton by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to authorize temporary encroachment into a portion of the City's right-of-way of Kempsville Road at its intersection with Old Kempsville Road by COMMUNITY UNITED METHODIST CHURCH re constructtng and maintaining two church identification signs (KEMPSVILLE BOROUGH) The following conditions shall be required: The temporary encroachment shall 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 of Virginia Beach Public Works Department's specifications and approval as to size, alignment and locatton. , The temporary encroachment shall terminate upon notice by the City of Virginia Beach to the applicants and, within thirty (30) days after such notice is given, such temporary encroachments shall be removed from the City's right-of-way known as Kempsville Road by the applicants and the applicants shall bear all costs and expenses of removal. o The applicants shall indemnify and hold harmless the City of Virginia Beach, 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 such temporary encroachments. , No permisston or authority ts given to the applicants to permit the maintenance or construction of any encroachment other than that specified heretn and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachments by any one other than the applicants. 5. The applicants agree to maintain the temporary encroachments so as not to become unsightly or a hazard. The applicants agree that any above ground encroachments shall conform to the minimum setback requirements, as established by the City Traffic Engineer's Office. The applicants agree that the encroaching signs shall not exceed four (4) square feet per face, and shall be built in accordance with standards to be provided by the City Traffic Engineer's Office. August 26, 1997 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Requested by Department of Publmc Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE RIGHT-OF-WAY OF KEMPSVILLE ROAD BY COMMUNITY UNITED METHODIST CHURCH, ITS ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Community United Methodist Church desires to construct and maintain two (2) church identification signs in the C~ty's rights-of-way known as Kempsv~lle Road, located at ~ts intersection with Old Kempsville Road. WHEREAS, C~ty Council ~s authorized pursuant to ~ 15.1- 316 and 15.1-893, Code of V~rginia, 1950, as amended, to authorize a temporary encroachments upon the City's right-of-way sub]ect 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 ~ 15.1-316 and 15.1-893, Code of V~rginla, 1950, as amended, Community Un~ted Methodist Church, ~ts assigns and successors in title ~s authorized to construct and maintain a temporary encroachment for two (2) church ~dent~f~cat~on signs in the City's right-of-way as shown on the map entztled: "PLAT SHOWING PROPOSED SIGN LOCATIONS ON KEMPSVILLE ROAD FOR COMMUNITY UNITED METHODIST CHURCH KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA SCALE: 1" = 200' DATE' FEBRUARY 24, 1997, a copy of which ~s on file ~n the Department of Publzc Works and to which reference zs 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 34 35 36 37 38 39 40 41 42 Community United Methodist Church, (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 in effect until such time as Community United Methodist Church 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 day of August , 1997. APPROVED AS TO LEGAL PREPARED BY VIRGINIA BEACtt CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-81 l(aX3) AND 58 1-81 l(cX4)REIMBURSEMENT AUTHORIZED UNDER SEC~I 1ON 25-249 THIS AGREEMENT, made this 7'L::/" day of .3'---~ t.,/ ., 1997, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, GRANTOR, party of the first part, and COMMUNITY UNITED METHODIST CHURCH, ITS ASSIGNS AND SUCCESSORS IN TITLE, GRANTEE, party of the second part WITNESSETH That, WHEREAS, it is proposed by the party of the second part to construct and maintmn two (2) church identification signs and posts In the City of V~rginia Beach, and WHEREAS, in constructing and maintaining such church idemification signs and posts, it is necessary that the said party of the second part encroach into a portion of an existing C~ty fight of way known as Kempsville Road, and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such church identification signs and posts within a portion of the City's fight of way known as Kempsville Road NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1 00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's fight of way known as Kempsville Road for the purpose of constructing and maintaining such church identification signs and posts It is expressly understood and agreed that such 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 of V~rginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit An area of encroachment into a portion of the C~ty's right of way known as Kempsville Road as shown on that certmn plat entitled "PLAT SHOWING PROPOSED SIGN LOCATIONS ON KEMPSVILLE ROAD FOR COMMUNITY UNITED METHODIST CHURCH," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of V~rgima Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's right of way known as Kempsville Road by the party of the second part, and that the party of the second part shall bear all costs and expenses of such removal It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, fi.om 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 such temporary encroachment It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and 'authority to pemut 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 party of the second part It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard It ~s further expressly understood and agreed that any above ground encroachments shall conform to the minimum setbacks requirements, as established by the City Traffic Engineer's Office It is further expressly understood and agreed that the encroaching signs shall not exceed four (4) square feet per face, and shall be built in accordance with standards to be provided by the City Traffic Engineer' s Office It is further expressly understood and agreed that the party of the second part shall submit for review and approval, a survey of the area being encroached upon, certified by a professional engineer, and/or "as built" plans of the encroachment, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes, may require the party of the second part to remove such temporary encroachment, and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right of way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part, and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100 00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes IN WITNESS WHEREOF, Community United Methodist Church has caused this Agreement to be executed by Frank Kleen, as a Trustee of said church, with due authority to bind said church 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 ,,~PPROVED AS TO CONTENT $1GNA~RE CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST City Clerk COMMUNITY UNITED METHODIST CHURCH Frank Kleen, Trustee STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit , a Notary Public in and for the City and State aforesaid, do hereby certi~ that , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name is signed to the foregoing Agreement bearing date on the __ day of , 1997, has acknowledged the same before me in my City and State aforesmd GIVEN under my hand this__ day of ., 1997 Notary Public My Commission Expires STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit __, a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the ~ day of , 1997, has acknowledged the same before me in my City and State aforesaid GIVEN under my hand this~ day of ,1997 My Commission Expires Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit and State aforesaid, do hereby certify that Frank Kleen, a Trustee, , a Notary Public in and for the City on behalf of Community United Methodist Church, whose name ~s signed to the foregoing writing, bearing date the ~-1 c ay State aforesaid ,1997, has acknowledged the same before me in my City and Given under my hand this ~ My Commission Expires Not~/ry Public LOCATION MAP SCALE: 1" -~ 2640' C SI PROPOSED S KE~PSRIVER DR.=:~ POSED SIGN FOR COMMUNITY ENCROACHMENT LOCATION MAP - _~ PROPOSED SIGNS FOR UNITED METHODIST CHURCH SCALE: 1" = 300' PREPARED BY P/W ENG. DRAFT. 06"0,,~7 BIRHAM WOODS OF CHATHAU PROPOSED SIGN KEMPSRIVER DR. PLAT SHOWING PROPOSED SIGN LOCATIONS ON KEMPSVILLE FOR ROAD COMMUNITY UNITED METHODIST CHURCH KEMPS¥1LLE BOROUGH VIRGINIA BEACH, VIRGINIA SCALE: I' = 200':1: DATE: FEBRUARY 24, 1997 C. N.LAN BAMFORTH, JR. ENGINEER - SURVEYOR, LI'D. NORFOLK, VIRGINIA Community United Methodist Church 1072 Old Kempsviile Road 495-1021 A I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SIGN PLAN FOR COMMUNITY UNITED METHODIST CHURCH ON KEMPSVILLE ROAD IN VIRGINIA BEACH, VA - 38- Item VI-K. 5. ORDINANCES ITEM # 42522 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED: Ordinance to appoint viewers in the petition of LADM Associates, L.L. C, Lena Sancilio and Contractor's Paving Company, Incorporated for the closure of portion of Avenue E, Map of East Norfolk (LYNNHAVEN BOROUGH). The Viewers are: David M. Grochmal Robert J Scott Ralph A. Smith Director of General Services Director of Planning Director of Public Works Voting' 10-0 (By ConsenO Councd Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K. Parker and Louisa M. Strayhorn Councd Members Voting Nay: None Council Members Abstaintng: Vice Mayor William D. Sessoms, Jr. Council Members Absent: None Vice Mayor Sessoms ABSTAINED on Item K. 5. (SANCILIO), as the applicant does business with his bank August 26, 1997 ORDINANCE APPOINTINO VIEWERS WHEREAS, LADM Associates, L L C, Lena Sancfllo and Contractor's Paving Company, Incorporated have given due and proper notice, in accordance with the statutes for such cases made and provided that they will on the 26th day of August, 1997, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuance and vacation of the hereinafter described portion of that certain street of variable width, and have filed such application with said Council NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia THAT Robert J. Scott , David M. Grochmal and Ralph A. Smith are hereby appointed to view the below described property and report in writing to the Council, as soon as possible, whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of a portion of that certain street of variable width located in the City of Virginia Beach, Virginia, and more particularly described as follows All that certmn parcel and portion of Avenue E situated, lying and being located ~n the C~ty of Virginia Beach, Virginia, and more particularly described as follows, to-wit: that portion of Avenue E, beginning at a point which point is where the northern right of way boundary of Interstate 44 intersects with the eastern right of way hne of Avenue E, the point of beginning, thence S 66° 37' 07" W, a distance of 26 03 feet, to a point, thence N 07° 11' 28" W, a d~stance of 207 66 feet, to a point, thence S 84° 05' 17" W, a distance of 25.01 feet to a point, thence N 07° 11' 28" W, a distance of 500 feet, to a point, thence N 84° 05' 17" E, a distance of 50 01 feet to a point, thence S 07° 11' 28" E, a d~stance of 699 85 feet to the point of beginning and labeled "to be closed" as shown on the plat enntled "Plat showing a portion of Avenue E to be closed, Map of East Norfolk (MB 3, P 125)(M B 4, P.191), V~rg~nla Beach, Virginia", July 25, 1997 prepared by John E S~rlne and Associates, Ltd. All the above shown upon that certain plat entitled, "Plat Showing a portion of Avenue E to be closed, Map of East Norfolk (M B 3, P 125)(M B 4, P 191), Virginia Beach, Virginia", July 25, 1997 prepared by John E Sinne and Associates, Ltd, which plat is attached hereto and made a part hereof and Intended to be recorded wlth the Ordinance closing the aforedescnbed street Adopted by the Council of the City of Virginia Beach, Virginia, this 26 day of Augsut ,, 1997. CA-6763 Approved as to Legal Sufficiency ~La~w;;ep~ment IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET, KNOWN AS AVENUE E, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT SHOWING A PORTION OF AVENUE E TO BE CLOSED, MAP OF EAST NORFOLK (M.B 3, P. 125)(M.B. 4, P. 191), VIRGINIA BEACH, VIRGINIA, JULY 25, 1997, PREPARED BY JOHN E. SIRINE AND ASSOCIATES, LTD. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioners, LADM Associates, L L C, a Virginia limited liability company, Lena Sancilio and Contractor's Paving Company, Incorporated respectfully represent as follows: 1. That pursuant to the provisions of Section 15 1-364 of the 1950 Code of Virginia, as amended, the Petitioner applies for the vacating, closing, and discontinuance of a portion of those certain streets, more specifically described as follows' All that certain parcel and portion of Avenue E situated, lying and being located in the City of Virginia Beach, Virginia, and more particularly described as follows, to-wit, that portion of Avenue E, beginmng at a point, which point is where the northern right of way boundary of Interstate 44 intersects with the eastern right of way line of Avenue E, the point of beginning, thence S 66° 37' 07" W, a distance of 26 03 feet, to a point; thence N 07° 11' 28" W, a distance of 207 66 feet, to a point; thence S 84° 05' 17" W, a distance of 25.01 feet to a point, thence N 07° 11' 28" W, a distance of 500 feet, to a point; thence N 84 o 05' 17" E, a distance of 50 01 feet to a point; thence S 07° 11' 28" E, a distance of 699.85 feet to the point ofbeginmng and labeled "to be closed"as shown on the plat entitled "Plat showing a portion of Avenue E to be closed, Map of East Norfolk (M B 3, P 125)(M.B 4, P 191), Virginia Beach, Virginia, July 25, 1997 prepared by John E S~rine and Associates, Ltd. which Plat is attached hereto and made a part hereof and intended to be recorded with the Or&nance closing the aforedescribed street 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said streets; and the Petitioners pray th~s Honorable Council appoint viewers as provided by law to view said platted streets proposed to be closed and to report in writing to the Council on or before the day of ,1997, as to whether in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance and vacation of this portion of said street, as herein reported and described. 3. That on the 3~'d and 10th days of AUGUST , 1997, notice of the presenting of this application was pubhshed ~n the Beacon, a newspaper of general circulation in the City of Virginia Beach, V~rg~nla. 4 That the fee simple owners of all land along and adjacent to and affected by sa~d portions of the platted streets are your Petitioners herein, LADM Associates, L L C, a Virginia limited liability company, Lena Sancdio, c/o Tony Sancilio, Larasan Realty Corp, 1217 Laskin Road, Virginia Beach, Virgima, 23451, and Contractors Pawng Company, Incorporated, Bob Teets, President, Post Office Box 62817, Virginia Beach, Virginia 23462 Vincent R. Olivieri, Esquire McCardell & Iman, P.L.C. 2840 S. Lynnhaven Road V~rginia Beach, VA 23452 R \WORDS\VRO\SANCTEET PE7 Respectfully Submitted, LADM Associates, L.L.C., Lena Sancilio, Contractor's Paving Company, Inc. By /~' ' Counsel · PLEASE TAKE NOTICE, that at the meeting of the City Council of the City of Virginia Beach, to be held on the 26th day of August, 1997, at 6 00 p m, at the City Hall of the City of Virginia Beach, Virginia, the undersigned will petition the Council for the appointment of Viewers to view the below- described portion of that certain street and report to the City Council whether in the oplmon of the Viewers, what, if any, inconvenience would result from the vacating, closing and discontinuance of same, the said portion of said street being described as follows: All that certain parcel and portion of Avenue E situated, lying and being located in the City of Virginia Beach, Virginia, and more particularly described as follows, to-wit: that portion of Avenue E, beginning at a point which point is where the northern right of way boundary of Interstate 44 intersects with the eastern right of way line of Avenue E, the point of beginning, thence S 66° 37' 07" W, a distance of 26.03 feet, to a point; thence N 07° 11' 28" W, a distance of 207.66 feet, to a point; thence S 84° 05' 17" W, a distance of 25.01 feet to a point; thence N 07° 11' 28" W, a distance of 500 feet, to a point; thence N 84° 05' 17" E, a distance of 50.01 feet to a point; thence S 07° 11' 28" E, a distance of 699.85 feet to the point of beginning and labeled "to be closed" as shown on the plat entitled "Plat showing a portion of Avenue E to be closed, Map of East Norfolk (M.B. 3, P.125)(M.B. 4, P.191), V~rginia Beach, Virginia", July 25, 1997 prepared by John E. Sirine and Associates, Ltd. All the above, as shown upon that certain plat entitled "Plat Showing a Portion of Avenue E to be Closed, Map of East Norfolk, (M B. 3, P. 125)(M.B. 4, P 191) Virginia Beach, Virginia", July 25, 1997 prepared by John E. Sirine and Associates, Ltd At that time, anyone affected may appear and present his views After the report of the Viewers is received, at the next regular meeting of the City Council, or as soon thereafter as the matter may be placed on the agenda, the undersigned will Petition the City Council to vacate, close and discontinue that portion of Avenue E ~n the City of Virginia Beach, Virginia, described above. LADM Associates L.L.C Lena Sancillo Contractor's Paving Company, Incorporated By wr~i La o, Agent for the Applicants 1217 Lask~n Road, V~rgnma Beach, V~rgima 23451 BONH~' ROAD (,VA~J,ABLE WIDTH ~t,)/W) (M.B. 1;~2. P- I,I m iii I I III II II I I THE VXRGXNXAN-PXLOT S~ATENENT NO. pAGE ZNVOZCE DATE 58 ! 08/10/97 BZLLED ACCTI AD NUNBER ZN~C NUNB~R 0723S1602 7V860540 995S8~001 , BZLLED ACCOUNT ,, LADH ASSOC. LLC 1217 LASKZN ROAD VA BEACH, VA 23451 X~BUE EDXTXON XNVC NBR DEBCRXPT~ON BXZE * C~05~ AHT. , l 08/03/97 BEA 995S8S001 AVENUE E ST CLO 2 X 0046 124.20 08/10/97 BEA 995S85002 AVENUE E ST CLO 2 X 0046 124.20 TOTAL 248.40 " ~ ~ ~. -. ~ ~ ~ ~ ~nla ~, ~ ~ h~ ~ ~26~ d~ ~ ~s~ 1997, It6 ~.p ~, it ~ Ci~ Hill ~ ~ ~ ~ ~nM ~, ~he unoem~ will ~on ~e ~ncll ~r ~ i~n~t d we~ ~ ~ ~e ~lo~H~ ~on d ~t ~ln ~ ~nd m~ ~ ~e CI~ ~uncll whether In the opinion ~ t~ Viewe~, wh.t, if any, In~Mnien~ w~ld ~K f~ t~ ~t- InK, cl~lnE a~ dl~fl~nunn~ ~ .me, ~ ~ld ~on ~ .id NI t~t.~ln ~ and ~ ~ A~ E ~a~, I~n~ and ~lnE ;~t~ lathe ~ ~nli B~ch, Vl~nli, ~ mom ~KiculaHy deeded u~llo~,~wit. ~t ~on ~ A~flu. E, ~lnnin~ ~t ~ ~nt whi~ ~ is w~m ~e ~m d~ d way ~unda~ ~ Jn~te ~ In~ wi~ ~ ~em ~t ~ w~y line ~ A~nue E, ~ ~nt ~ ~nnl~, ~ S 66' ~' 07" W, a dl~n~ ~ 26~ f~ ~ ~ ~l~e~ N 0~ 11' 28' W,; dl~n~ of 207 66 f.t, to ~ ~lnt; then~ S ~' 05' 17' W, ~ dl~n~ ~ 25 01 f~t ~ ~ ~nt, ~e~ N O~ 11' 28" W, ~ dls~n~ ~ 500 f~, to a ~nt, ~nce N ~- 05' 17- E, . dis~n~ ~ ~ 01 ~M, ~ ~ ~nt, ~e~ S 07' 11' 28" E, · dls~n~ ~ 699 85 ~t to ~e ~int ~ ~nnlns i~ la~l~ '~ ~ cl~" as shown ~ the plat enfltl~ "PIM s~wlfl~ I ~on of A~flue E ~ ~ cloud, Map ~ ~st NoOk (M B. 3, P 125) (M B 4, P 191), Vitals Beach, Vitals", July 25. 1~7 pm~ ~ John E Sldne and ~t~t~, LM All ~ ab~. as sh~n u~n that celia ~lat en~ "Plat Sh~i~ ~ PoKiofl d A~ue E to ~ CI~, Map ~ ~t NoOk, (MB ~ P 125) (M B, 4.P 191) Vi~nll B~ch, Vl~nii", July 25.1997 pm~r~ by John E SIH~ and ~lat., LM At that time, an~e aff~ m.y .p~r and p~nt hm Hews A~er ~e ~ ~ ~e V~ewe~ is ~ei~, =t~ ~ ~lar ~ ~nE ~ me Ci~ ~uncll, or as ~n theater as the ma~er may ~ p~acK on the agenda, the unde~i~ will PeUflon ~e Ci~ C~ncil to va~te, clo~ and di~nUflue that ~n ~ A~nue E in ~ Vi~l~ ~chl ~Vl~nll, d~ri~ ~ Lena ~1~11o. ~,~ ~ . ~ = ~ ~ ,. ,~ ~ ~ ~ ~y~w~ M. ~1o, ~nt for A~ ~ r '] I I I State of Virginia City of Norfolk to-.it: AFFIDAVIT This day D. Johnson personally appeared before me and after being duly sworn made oath that (1) (He) (She) is affidavit clerk of The Virginian-Pilot a newspaper published by Landmark Communications Xnc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virgini Beach, State of Virginia; (2) That the advertisement hereto annexed at AVENUE E ST CLO has been published i. said newspaper during the following dates: 08/03/97 - 08/10/97 Subscribed and sworn to before me in my city and state aforesaid this lOTH day of AUGUST 1997 Ny commission expires AUGUST 31, 1999 Notary Public; McCARDELL & INMAN, P.L.C. ATTORNEYS AND COUNSELORS AT LAW OERRIT W BENSON MICHAEL A INMAN STEWART M KAHN * BARRY RANDOLPH KOCH WILLIAM E McCARDELL, JR VINCENT R OLIVIERI STEPHEN A STRICKLER 2840 SOUTH LYNNHAVEN ROAD VIRGINIA BEACH, VIRGINIA 23452-6715 '" Al~o ~dnut~d m NY, FL and 8C July 30, 1997 Mayor and Members of Council of the City of Virginia Beach, Virginia Municipal Center Virginia Beach, VA 23456 RE: CERTIFICATE OF VESTING OF TITLE TELEPHONE (804) 486-7055 FACSIMILE (804) 431-0410 I, Vincent R. Olivieri, attorney for LADM Associates, L.L.C., a Virginia limited liability company and Lena Sancilio, with respect to an application for the closing of portions of Avenue E, do hereby certify that; 1. I am an attorney at law and represent LADM Associates, L.L.C., a Virginia limited liability company and Lena Sancilio, with respect to an application for the closing of a portion of Avenue E. 2. If the property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in the adjacent landowners as follows: Owners of the "closed portion" of Avenue E adjacent to the western fight of way line of Avenue E after adoption of the closure ordinance: 1. Lena Sancilio . LADM Associates, L.L.C. a Virginia limited liability company 3. Contractor's Paving Company, Incorporated City of Virginia Beach, Virginia July 30, 1997 Page 2 The said property referred to herein is hereby described as follows: All that certain parcel and portion of Avenue E situated, lying and being located in the City of Virginia Beach, Virginia, and more particularly described as follows, to-wit: that portion of Avenue E, beginning at a point, which point is where the northern right of way boundary of Interstate 44 intersects with the eastern right of way line of Avenue E, the point of beginning, thence S 66° 37' 07" W, a distance of 26.03 feet, to a point; thence N 07° 11' 28" W, a distance of 207.66 feet, to a point; thence S 84° 05' 17" W, a distance of 25.01 feet to a point; thence N 07° 11' 28" W, a distance of 500 feet, to a point; thence N 84 o 05' 17" E, a distance of 50.01 feet to a point; thence S 07° 11' 28" E, a distance of 699.85 feet to the point of beginning and labeled "to be closed"as shown on the plat entitled "Plat showing a portion of Avenue E to be closed, Map of East Norfolk (M.B. 3, P. 125)(M.B. 4, P. 191), Virginia Beach, Virginia, July 25, 1997 prepared by John E. Sirine and Associates, Ltd. Si~erely, __~~''~ ~inceflql~_lJlivieri R \WORDS\VRO~SANCTEET PE7 EXHIBIT A Avenue E All that certmn parcel and port~on of Avenue E situated, lying and being located ~n the C~ty of Virg~ma Beach, V~rg~ma, and more particularly described as follows, to-wit: that portion of Avenue E, beginning at a point which point is where the northern right of way boundary of Interstate 44 ~ntersects w~th the eastern right of way line of Avenue E, the point of beg~nmng, thence S 66° 37' 07" W, a distance of 26.03 feet, to a point; thence N 07° 11' 28" W, a distance of 207 66 feet, to a point, thence S 84° 05' 17" W, a distance of 25.01 feet to a point; thence N 07° 11' 28" W, a d~stance of 500 feet, to a point; thence N 84° 05' 17" E, a distance of 50.01 feet to a point, thence S 07° 11' 28" E, a distance of 699.85 feet to the point of beginmng and labeled "to be closed" as shown on the plat entitled "Plat showing a pornon of Avenue E to be closed, Map of East Norfolk (M.B. 3, P. 125)(M.B. 4, P.191), V~rg~ma Beach, V~rg~ma", July 25, 1997 prepared by John E. S~rine and Associates, Ltd. 39- Item VI-K. tt.a. ORDINANCES ITEM it 42523 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED: Ordinance to authorize License Refunds in the amount of $33,372.45 Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W Harrison, Jr, Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan*, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None August 26, 1997 FORM NO CA ~1 la~V 3~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certificabon of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Proffltts Inc P O Box 20080 Acct Jackson MS 39289-0080 Southland Corporation 1801 B Sara Dnve Chesapeake VA 23320 1995-97 Audit 11,610 88 1994 Audit 246 55 11,610 88 246 55 Th~s ordinance shall be effective from date of adoption The above abatement(s) totaling $11,857 43 of the C~ty of V~rg~n~a Beach on the 26 Cerbfled as to Payment ,sPsloV~rgho~~venue Approved as to form L e"'~ e"'~ Lilfe'~ City Attorney were approved by the Council day of August ,1997 Ruth Hodges Smith C~ty Clerk I FOlalM NO C: A ~ REV 3~'8G AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for hcense refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL L~ngafelt, Shannon L 1764 Seaton Dnve Va Beach VA 23464 NV Spnng Co Inc P O Box 8490 Va Beach VA 23450-8490 Ore Dale T Jr 621 P~ne Lake Drive Va Beach VA 23462 Pets Bed & Breakfast Ltd 1916 Clayton Court Va Beach VA 23464 1995 Audit 1995-96 Audit 1997 07-11-97 1997 07-17-97 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $1,084 15 of the C~ty of V~rg~n~a Beach on the 26 24 91 24 91 880 99 880 99 8o oo 8o oo 98 25 98 25 Cert~hed as to Payment Approved as to form were approved by the Council day of A. usus t ,19 97 Ruth Hodges Smith C~ty Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon cerbficat~on of the Commissioner of the Revenue are hereby approved NAM E LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Jajac Inc 1812 Duke of York Quay Va Beach VA 23454 Joyner, R~ta Holland 5814 E Hastings Arch Va Beach VA 23462 Ke~th, Paul W Jr 805 Bridge Port Place Va Beach VA 23464 Langdon, Raymond E 8029 Cr~ttenden Rd Suffolk VA 23436 1995-97 Audit 2,951 82 1997 06-16-97 50 00 1995-97 Audit 122 96 1995-96 Audit 144 46 Th~s ordinance shall be effective from date of adoption The above abatement(s) totaling $3,269 24 26 of the C~ty of V~rg~n~a Beach on the 2,951 82 50 oo 122 96 144 46 Cerhfled as to Payment ,sPs,oVna~rg--ho~lh e4~R eve n u e Approved as to form L-~l~-L L~ley -~ C~ty Attorney were approved by the Council day ofAuS;us t ,19 97 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certificabon of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Furmture L~qu~dators Inc 6204-B N Md~tary hwy Norfolk VA 23518 G~bson, Theresa Stevens 1033 Bnarwood Point Va Beach VA 23452 Gram W Dunbar DVM 1100 Eden Way North Chesapeake VA 23320 Jade Garden Restaurant Inc 809 Costa Grande Dnve Va Beach VA 23456 1995-96 Audit 32 67 1997 Audit 534 11 1996 Audit 853 76 1996-97 Audit Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $1,590.70 26 of the C~ty of V~rg~n~a Beach on the 32 67 534 11 853 76 170 16 170 16 Cerhfled as to Payment . ~.~"b_ comem~,sPs,oVna~rgho thee Revenue Approved as to form · "'~s~e L L,l~y C~ty Attorney were approved by the Council day of August ,19 97 Ruth Hodges Smith C~ty Clerk I FOP, M NO C A 8 MEV 3~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon cerbfication of the Comm~smoner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Eslam~, G~ta & Yousefleh, Sae~d 6084 Indian R~ver Road Va Beach VA 23464 Evenson Card Shops Inc P 0 Box 419479 Tx 407 Kansas C~ty MO 64141-6479 Farrar, Edward J 1060 Bells Road Va Beach VA 23451 Freedom Party Sales Inc 5547 Woodbine Rd Norfolk VA 23502 1994-96 07-30-97 150 O0 1996-97 Audit 1,140 10 1994-95 Audit 78 O0 1995-97 Audit 1,434 88 Th~s ordinance shall be effective from date of adoption The above abatement(s) totaling $2,802.98 26 of the C~ty of Wrg~n~a Beach on the 150 O0 1,140 10 78 O0 1,434 88 Cerbfled as to Payment sPsioV:~rghoCl~he R~ n~ue Approved as to form Lesh~ L L,II;y C~ty Attorney were approved by the Council August day of ,19 97 Ruth Hodges Smith C~ty Clerk FORM NO C A I REV 3~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applicabons for license refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Counsehng Center/Shepherds Staff Inc 168 Bus~ness Park Dr~ve S103 Va Beach VA 23462 1994-97 Dean, Brandon James 1817 Foxon Court Va Beach VA 23464 Audit D~me Sawngs Bank of New York P © Box 149 Griffin GA 30224 1995-96 Audit Edwards, Angela D 3868 Governors Way Va Beach VA 23452 1995-96 Audit 1995-96 Audit Th~s ordinance shall be effective from date of adoption The above abatement(s) totaling $1,666 53 26 of the C~ty of V~rg~n~a Beach on the 903 36 903 36 24 00 24 00 709 17 709 17 30 00 30 00 Cerhfied as to Payment Commissioner of the Revenue Approved as to form C~ty Attorney were approved by the Council day of .4,ugus t ,1997 Ruth Hodges Smith C~ty Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcations for hcense refunds, upon cerbfication of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Byrne, Kewn L 5038 Cleveland Street Va Beach VA 23462 Capital Concrete Inc P O Box 1137 Norfolk VA 23501 Colonial Cartndge Inc 2700 Internabonal Pkwy Va Beach VA 23452 1994-96 Audit 168 24 1994-96 Audit 2,012 23 1997 06-17-97 262 13 168 24 2,012 23 262 13 Th~s ordinance shall be effective from date of adoption The above abatement(s) totaling $2,442.60 of the C~ty of V,rg~n~a Beach on the 26 Cert~hed as to Payment Commissioner of the Revenue Approved as to form ~i~'s-{~e L Ldley - // --~ C~ty Attorney were approved by the Council day of August ,1997 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applicabons for license refunds, upon cert~ficabon of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Beltz Laura L 2044 Vaughan Road Va Beach VA 23457 Brown Johnme A & Grace C 324 Thelmar Lane Portsmouth VA 23701 Burba, L~nda G 1972 Sandee Crescent Va Beach VA 23454 Butler Group, Inc (The) 400 Technology Court S-F Smyrna GA 30082 1997 07-15-97 164 80 1995-96 Audit 28 O0 1995 Audit 47 22 1995-96 Audit Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $340 12 26 164 80 of the C,ty of V~rg~n~a Beach on the 28 00 47 22 100 10 100 10 Cerbfled as to Payment /~--~c~bfm~lsPs ,oVna; ~ Revenue Approved as to form ~s~e L Lille'~ C~ty Attorney were approved by the Council day of August ,19 97 Ruth Hodges Smith C~ty Clerk FORM I~ C A I~ P,~V 3/N AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcabons for hcense refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Adanac Sports Management Ltd P O Box #29269 R~chmond VA 23242 Atlanbc Resort Associates 932 Laskm Road Va Beach VA 23451 Austin, Annette & Edward Jr 3305 Woodsman Lane Va Beach VA 23452 Ayers Insulabng & Supply Co Inc 851 Seahawk C~rcle #108 Va Beach VA 23452 1995-96 Audit 1995-96 Audit 1994-96 Audit 193 22 7,195 90 10 00 1996 Audit 919 58 Th~s ordinance shall be effective from date of adoption The above abatement(s) totaling $8,318.70 193 22 26 7,195 90 of the C~ty of V~rg~n~a Beach on the 10 00 919 58 Certified as to Payment Robert P Vaughan~.,~ Commissioner of tee Revenue Approved as to form 'E'~sCe L LdT~y"'"~..~.~ C~ty Attorney were approved by the Council day of August ,19 97 Ruth Hodges Smith C~ty Clerk 40- Item VI-K. 6. b. ORDINANCES ITEM # 42524 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED: Ordinance to authorize Tax Refunds in the amount of $ 2,948. 78 Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan*, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay' None Council Members Absent: None August 26, 1997 FORM NO C.A 7 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certlfmcation of the Treasurer are hereby approved. Tax Type T~cket Exonera- Date Penalty Int. NAME .... Year of Tax Number tion No. Paid Total Burl D. Burl D. Burl D. Burl D. Burl D. Burl D. John K. Moore 97 RE(2/2) Henry & Constance Richeson 97 RE(2/2) Philip & Bette Ha~rston 97 RE(2/2) Dovenmuehle Mortgage Inc. 97 RE(2/2) Fisher Jr. 96 RE(l/2) Fisher Jr. 96 RE(2/2) Fisher Jr. 95 RE(l/2) Fisher Jr. 95 RE(2/2) Fisher Jr. 94 RE(l/2) Fisher Jr. 94 RE(2/2) Roger & Jey Melick 97 RE(l/2) Roger & Jey Melick 97 RE(2/2) Roger & Je¥ Melick 96 RE(l/2) Roger & Jey Melick 96 RE(2/2) Roger & Jey Melick 95 RE(l/2) Roger & Jey Melick 95 RE(2/2) Roger & Jey Melick 94 RE(l/2) Roger & Jey Melick 94 RE(2/2) 068616-7 5/13/97 101274-9 2/12/97 049446-3 3/03/97 137433-1 5/22/97 038770-3 12/05/95 038770-3 6/05/96 038004-2 11/30/94 038004-2 6/05/95 037784-1 11/29/93 037784-1 6/05/94 081072-7 12/05/96 081072-7 6/05/97 079953-6 12/04/95 079953-6 6/05/96 078620-2 12/05/94 078620-2 5/30/95 077844-5 12/01/93 077844-5 6/02/94 99.32 82.57 95.29 168.36 26.69 26.69 22.95 22.95 22.12 22.12 32.67 32.67 36.36 36.36 34.89 34.89 34.89 34.89 Total 866.68 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $866.68 were approved by the Council of the C~ty of V~rg~nla Beach on the 26_day of August, 1.907 Ruth Hodges Smith C~ty Clerk tk,ns~-n, Approved as to form' Leslie L LiIle~, C~P~ ORM NO C A 7 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: Tax Type Ticket Exonera- Date Penalty Int. NAME Year of Tax Number tion No. Paid Total Atkinson Chester B & Dorothy 95(1/2) RE Atkinson Chester B & Dorothy 95(1/2) RE Beaver Charles & Joy Snow 95(1/2) RE Butler Novell 0 95(1/2) RE Butler Novell 0 95(1/2) RE Butler Novell 0 95(1/2) RE Butler Novell 0 95(1/2) RE Butler Novell O 95(1/2) RE Butler Novell 0 95(1/2) RE Canterbury Co 95(1/2) RE Cox James D & Dora T 95(1/2) RE Crace James J 95(1/2) RE Glass Robert Jerry 95(1/2) RE Grant Robert JR Suzanne 95(1/2) RE Hado Devel Corp 95(1/2) RE Martin Blas B 95(1/2) RE Owen Elijah W & Patricia 95(1/2) RE Owen Elijah W & Patricia 95(1/2) RE Torma James D & Susan C 95(1/2) RE Sternberg William G & Doris 95(1/2) RE Stewart Harris B Jr. & Elise 95(1/2) RE Wallace Ollie L & Mattie 95(1/2) RE 95-003881-4 11/21/94 95-003882-3 11/28/94 95-007748-8 11/25/94 95-016654-1 12/5/94 95-016655-0 12/5/94 95-016656-9 12/5/94 95-016657-8 12f5/94 95-016658-7 12/5/94 95-016659-6 12/5/94 95-018012-4 12/5/94 95-025149-5 12/5/94 95-o2528o-4 12/5/94 95-043871-2 11/21/94 95-045501-5 12/4/95 95-047779-6 12/2/94 95-074236-7 12/5/94 95-088829-0 12/5/94 95-088830-7- 12/5/94 95-119118-3 12/1/p4 95-113502-0 12/1/94 95-113717-1 12/5/94 95-123694-7 11/16/94 95.99 95.99 93.26 97.77 97.77 97.77 97.77 97.77 97.77 93.26 93.26 95.17 84.87 96.54 95.17 95.99 84.09 91.89 95.17 91.89 97.77 95.17 Total 2082.10 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $2082.10 were approved by the Council of the City of.V~rg~n, ia Beach on the___26 day of .,,,ugusc, 1.997 Ruth Hodges Smith City Clerk Ce ifled as to pa J ' reas urer ~ pp¥oved as to form. - 41 - Item VI-L. PUBLIC HEARING ITEM # 42525 PLANNING Mayor Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. THE R UNNYMEDE CORPORA TION STREET CLOSURE 2. LA WRENCE,4. SANCILIO, RACHEL V. SANCILIO, LENA SANCILIO, MA URICE STEINGOLD, LEWIS B. STEINGOLD and SIGNET BANK/VIRGINIA, Trustees under the Will of Israel Steingold STREET CLOSURE 3. R UD Y MA GNUSSEN VARIANCE 4. JOSEPH C. ADDINGTON VARIANCE 5. JACK RABBIT SELF-STORAGE CONDITIONAL USE PERMIT 6. CHECKERED FLAG MOTOR CAR COMPANY CONDITIONAL USER PERMIT 7. CHARLES G. & SUSAN L. BARKER CONDITIONAL USE PERMIT 8. CHURCH OF ST. GREGORY THE GREAT CONDITIONAL USE PERMIT 9. GRAY LUMBER CO., ,4 VIRGINIA CORPORATION, GRA YLAND COMPANY, L.P., NA TIONSBANK, N.A. AND ELMON T. GRAY CONDITIONAL CHANGE OF ZONING 10. CITY OF VIRGINIA BEACH, DEPARTMENT OF ECONOMIC DE VEL OPMENT CHANGE OF ZONING AND CONDITIONAL USE PERMIT 11. ALLSAFE SELF STORAGE LLC CONDITIONAL CHANGE OF ZONING AND CONDITIONAL USE PERMIT August 26, 1997 - 42 - Item VI-L. PUBLIC HEARING ITEM # 42526 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in one motion Items 1, 2, 3, 4, 6, 7, 8, 10 and 11 of the PLANNING B Y CONSENT. Item VI-L. 1. was AUTHORIZED an ADDITIONAL 180-DA Y DEFERRAL (February 24, 1998) Item VI-L. 10 was DEFERRED INDEFINITELY Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Councd Members Absent: None Vtce Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, ABSTAINED on Items L. 1 (R UNNYMEDE CORPORATION), L.2 (SANCILIO), L. 5. (JACK RABBIT), L. 6 (CHECKERED FLAG), L. 7 (BARKER) and L. 11 (ALLSAFE), as the applicants do business with his bank Councilman Harrison ABSTAINED on L.4 (ADD1NGTON), L.5 (JACK RABBIT), and L. IO (CITY OF VIRGINIA BEACH, as his law firm performs legal services for the applicants. Councilman Heischober ABSTAINED on Item L. 7 (BARKER), as he owns the property immediately to the east of the applicant. August 26, 1997 - 43 - Item VI-L.I. PUBLIC HEARING PLANNING ITEM # 42527 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council AUTHORIZED an ADDITIONAL 180 DA Y DEFERRAL UNTIL CITY COUNCIL MEETING OF February 1 O, 1998 the Petition of THE RUNNYlffEDE CORPORA TION for the discontinuance, closure and abandonment of the following streets (L YNNHA VEN BOROUGH) : Petition of THE R UNNYMEDE CORPORA TIONfor the discontinuance, closure and abandonment of the followtng streets (ZYNNHAVEN BOROUGH)' Pine Street: Beginning at the Northern boundary of Fourth Street and running 499. 40 feet in a Northerly direction, 6602 feet in width Thtrd Street: Beginning at the Northeastern intersection of Pine and Third Streets and running 412.84feet in an Easterly direction, 50. 02 feet in width Poplar Street: Beginning at the Northern boundary of Fourth Street and running 499.40 feet in a Northerly direction, 66 feet in width. L YNNHA VEN BOROUGH VIRGINIA BEACH MARLIN CLUB, INC., AND WALTER CASON BARCO for the discontinuance, closure and abandonment of the following parcels (VIRGINIA BEACH BOROUGH): Voting' 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay. None Council Members Abstaining. Vice Mayor William D. Sessoms, Jr. Counctl Members Absent: None Vice Mayor Sessoms ABSTAINED as the applicant does business with his bank August 26, 1997 - 44 - Item VI-L.2. PUBLIC HEARING ITEM # 42528 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council AUTHORIZED FINAL APPROVAl, Phase II of the Ordinance for discontinuance, closure and abandonment in the Petition of LA WRENCE A.. SANCILIO, RACHEL V. SANCILIO, LENA SANCILIO, MA URICE STEINGOLD, LEWIS B. STEINGOLD and SIGNET BANK/VIRGINIA, Trustees under the Will of Israel Steingold. Application of Lawrence A. Sancilio, Rachel V. Sancilio, Lena Sancilio, Maurice Steingold, Lewis B SteingoM and Signet Bank/Virginia, Trustees under the Will of Israel SteingoM for the discontinuance, closure and abandonment of the following streets: Phase 2 Wagner Street - All that portion of Wagner Street not included in Phase 1 above, containing 10,044.31 square feet (10,096 square feet- 51.69 square feet). Avenue E - All that portion of Avenue E not included in Phase I above, contatmng 162.67 square feet (214.67 sq. ft. - 52 sq. ft.) First Street - Beginning at the Western Boundary of Avenue E and running in a Westerly direction a distance of 349. 78 feet. 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Wdliam W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Vice Mayor William D. Sessoms, Jr. Council Members Absent: None Vice Mayor Sessoms ABSTAINED as the applicant does business with his bank August 26, 1997 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THOSE CERTAIN STREETS, KNOWN AS WAGNER STREET, FIRST STREET AND AVENUE E, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "RESUBDIVISION OF LOTS 16 THRU 46, INCLUSIVE, BLOCK 3, LOTS 1 THRU 12, INCLUSIVE, AND LOTS 22 THRU 33, INCLUSIVE, BLOCK 4, LOTS 1 THRU 22, INCLUSIVE, AND LOTS 28 THRU 44, INCLUSIVE, BLOCK 5, LOTS 1 THRU 15, INCLUSIVE, AND LOTS 22 THRU 36, INCLUSIVE, BLOCK 6 AND STREET CLOSURE TO PORTIONS OF AVENUE E, WAGNER STREET AND FIRST STREET MAP OF EAST NORFOLK (M.B. 3, P. 125)(M.B. 4, P. 191) AND LOT 16A, BLOCK 6 AND LOT 36A, BLOCK 4 AS SHOWN ON PLAT ENTITLED 'RESUBDIVISION OF LOTS 13, 14, 15, 16, 34, 35, 36, 37 AND 38, AND THE REMAINING PORTIONS OF LOTS 17, 18, 39 AND 40, BLOCK 4, LOTS 16, 17, 18, 19, 37, 38, 39, 40 AND 41, AND THE REMAINING PORTIONS OF LOTS 20, 21 AND 42, BLOCK 6, A PORTION OF PROPERTY FORMERLY SECOND STREET (CLOSED) AND STREET CLOSURE TO A PORTION OF WAGNER STREET AND A PORTION OF AVENUE E, MAP OF EAST NORFOLK' (M. B. 260, P. 24-26)". WHEREAS, It appearing that, by affidavit and upon proper notice given by Lawrence A Sancilio, Rachel V. Sancilio, Lena Sancilio, Maurice Steingold, and Lewis B. Steingold and Signet Bank/Virginia, Trustees under the Will of Israel Steingold, an application was made to the Council of the City of Virginia Beach, Virginia on May 25, 1993, to have Wagner Street and Portions of First Street and Avenue E discontinued, closed, and vacated, which application was approved subject to certain conditions; and WHEREAS, as of this date, your petitioners have completed all of the requirements necessary for the street closure; and WHEREAS, LADM Associates, L L C, a Virginia limited liability company, Lena Sancilio, Maurice Steingold & Thelma S Steingold as Trustees under the Maurice Steingold Declaration of Trust Dated March 19, 1992, Lewis B. Steingold, individually and as Trustee under the Will of Israel Steingold and Jeffery M. Steingold are the current owners of the property; and WHEREAS, on July ~., 1997, pursuant to an amended petition submitted by the petitioners, this Council approved the closing of a portion of Wagner Street and Avenue E; and WHEREAS yom' petitioners now request that they be allowed to complete the street closure, of which this amended petition is the second and final part; and WHEREAS, it is the judgment of the Council that said streets be discontinued, closed and vacated; NOW, THEREFORE, __ SECTION 1 BE IT ORDAINED by the Councd of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated; Wagner Street: All that certain parcel and portion of Wagner Street situated, lying and being located in the City of Virginia Beach, Virginia, and more particularly described as follows, to-wit: that portion of Wagner Street labeled "closed ", being approximately fifty (50') feet in width, bounded on the south by the northern boundary of Parcel A and extending in a northerly direction to a point approximately one hundred fifty (150') feet from the southern right of way boundary of Bonney Road, as more specifically shown on said plat. First Street' All that certain parcel and portion of First Street situated, lying and being located in the City of Virginia Beach, Virginia, and more particularly described as follows, to-wit: that portion of F~rst Street labeled "closed ", being approximately fifty (50') feet in width, bounded on the east by the western right of way boundary of Avenue E and bounded on the west by a line nmning the width of First Street one hundred (100') feet west of, and parallel with, the western boundary of Wagner Street as more specifically shown on said plat. Avenue E: All that certain parcel and portion of Avenue E situated, lying and being located in the City of Virginia Beach, V~rginia, and more particularly described as follows to-wit: the portion of Avenue E, labeled "closed ", being the western half of Avenue E, approximately twenty- five (25) feet in width, bounded on the south by the northern boundary of Parcel A and bounded on the north by a line 25 01 feet in length 200 feet south of, and parallel with the southern right of way boundary of First Street, as more specifically shown on said plat. Said parcels of land being portions of Wagner Street, First Street and Avenue E, indicated on that certain plat entitled "Resubd~vision of Lots 16 thru 46, inclusive, Block 3, Lots 1 thru 12, inclusive, and Lots 22 thru 33, inclusive, Block 4, Lots 1 thru 22, inclusive, and Lots 28 thru 44, ~nclusive, Block 5, Lots 1 thru 15, inclusive, and Lots 22 thru 36, inclusive, Block 6 and Street Closure to portions of Avenue E, Wagner Street and First Street Map of East Norfolk (M B.3, P 125)(M B.4, P 191) and Lot 16A, Block 6 and Lot 36A, Block 4 as shown on plat entitled 'Resubdivision of Lots 13, 14, 15, 16, 34, 35, 36, 37 and 38, and the remaining portions of Lots 17, 18, 39 and 40, Block 4, Lots 16, 17, 18, 19, 37, 38, 39, 40 and 41, and the remaining portions of Lots 20, 21 and 42, Block 6, a portion of property formerly Second Street (closed) and street closure to a portion of Wagner Street and a portion of Avenue E, Map of East Norfolk' (M. B. 260, p. 24-26) ", which plat is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, upon adoption of this ordinance, and is made a part hereof by reference. SECTION II A certified copy of this ordinance shall be filed in the Clerk's Office of the Circmt Court of the City of Virginia Beach, Virginia, and indexed ~n the name of the City of Virginia Beach as Grantor. Adopted by the Council of the City of Vh'ginia Beach, Virgima on the 26 day of ,~ugu~,.t ., 1997. GPIN#: IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THOSE CERTAIN STREETS, KNOWN AS WAGNER STREET, FIRST STREET AND AVENUE E, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "RESUBDIVISION OF LOTS 16 THRU 46, INCLUSIVE, BLOCK 3, LOTS 1 THRU 12, INCLUSIVE, AND LOTS 22 THRU 33, INCLUSIVE, BLOCK 4, LOTS 1 THRU 22, INCLUSIVE, AND LOTS 28 THRU 44, INCLUSIVE, BLOCK 5, LOTS 1 THRU 15, INCLUSIVE, AND LOTS 22 THRU 36, INCLUSIVE, BLOCK 6 AND STREET CLOSURE TO PORTIONS OF AVENUE E, WAGNER STREET AND FIRST STREET MAP OF EAST NORFOLK (M.B. 3, P. 125)(M.B. 4, P. 191) AND LOT 16A, BLOCK 6 AND LOT 36A, BLOCK 4 AS SHOWN ON PLAT ENTITLED 'RESUBDIVISION OF LOTS 13, 14, 15, 16, 34, 35, 36, 37 AND 38, AND THE REMAINING PORTIONS OF LOTS 17, 18, 39 AND 40, BLOCK 4, LOTS 16, 17, 18, 19, 37, 38, 39, 40 AND 41, AND THE REMAINING PORTIONS OF LOTS 20, 21 AND 42, BLOCK 6, A PORTION OF PROPERTY FORMERLY SECOND STREET (CLOSED) AND STREET CLOSURE TO A PORTION OF WAGNER STREET AND A PORTION OF AVENUE E, MAP OF EAST NORFOLK' (M. B. 260, P. 24-26)". AMENDED PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioners, LADM Associates, L.L.C., a Virginia limited liability company, Lena Sancilio, Maurice Steingold & Thelma S. Steingold as Trustees under the Maurice Steingold Declaration of Trust Dated March 19, 1992, Lewis B. Steingold, individually and as Trustee under the Will of Israel Steingold and Jeffery M. Steingold, respectfully represent as follows: 1. That on or about May 6, 1993, your petitioners and others submitted the appropriate documents for the closing of Wagner Street, portions of First Street and portions of Avenue E, a copy of which is attached as Exhibit A. The petition was approved subject to the completion of several requirements. 2. That, as of this date, your petitioners have completed all of the requirements necessary for a portion of the street closure 3. That on or about June ~, 1997, your petitioners, for reasons set forth therein, submitted an amended petition to close a portion of the streets, which amended petition was approved by the City Council on July ,1997, a copy of which is attached as Exhibit B. 4. That your petitioners are now ready to complete the closure of the remaining portions of the streets as set forth in the original petition. 5. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the Petitioner applies for the vacating, closing, and discontinuance of a portion of those certain streets, more specifically described as follows: Wagner Street: All that certain parcel and portion of Wagner Street situated, lying and being located in the City of Virginia Beach, Virginia, and more particularly described as follows, to-wit: that portion of Wagner Street labeled "closed ", being approximately fifty (50') feet in width, bounded on the south by the northern boundary of Parcel A and extending in a northerly direction to a point approximately one hundred fifty (150') feet from the southern fight of way boundary of Bonney Road, as more specifically shown on said plat. First Street: All that certain parcel and portion of First Street situated, lying and being located in the City of Virginia Beach, Virginia, and more particularly described as follows, to-wit: that portion of First Street labeled "closed ", being approximately fifty (50') feet in width, bounded on the east by the western right of way boundary of Avenue E and bounded on the west by a line running the width of First Street one hundred (100') feet west of, and parallel w~th, the western boundary of Wagner Street as more specifically shown on said plat. Avenue E: All that certain parcel and portion of Avenue E situated, lying and being located in the City of Virginia Beach, Virginia, and more particularly described as follows: to-wit, the portion of Avenue E, labeled "closed ", being the western half of Avenue E, approximately twenty- five (25) feet in width, bounded on the south by the northern boundary of Parcel A and bounded on the north by a line 25.01 feet in length 200 feet south of, and parallel with the southern right of way boundary of First Street, as more specifically shown on said plat Said parcels of land being portions of Wagner Street, First Street and Avenue E, indicated on that certain plat entitled "Resubdivision of Lots 16 thru 46, inclusive, Block 3, Lots 1 thru 12, inclusive, and Lots 22 tlu'u 33, inclusive, Block 4, Lots 1 tlu'u 22, inclusive, and Lots 28 thru 44, inclusive, Block 5, Lots 1 thru 15, inclusive, and Lots 22 thru 36, inclusive, Block 6 and Street Closure to portions of Avenue E, Wagner Street and First Street Map of East Norfolk (M.B. 3, P.125)(M.B. 4, P. 191) and Lot 16A, Block 6 and Lot 36A, Block 4 as shown on plat entitled 'Resubdivision of Lots 13, 14, 15, 16, 34, 35, 36, 37 and 38, and the remaining portions of Lots 17, 18, 39 and 40, Block 4, Lots 16, 17, 18, 19, 37, 38, 39, 40 and 41, and the remaining portions of Lots 20, 21 and 42, Block 6, a portion of property formerly Second Street (closed) and street closure to a portion of Wagner Street and a portion of Avenue E, Map of East Norfolk' (M. B. 260, p. 24-26) ", which Plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. 6. That pursuant to the previous petition, viewers were appointed as provided by law to view said platted streets proposed to be closed in the original petition and to report in writing to the Council as to whether in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance and vacating of the portion of said streets, as reported and described in that petition. The viewers reported at that time that no inconvenience would result to any persons by reason of said closing, vacation, and discontinuance of said streets. 7. That the petitioners now request that they be allowed to complete the street closure, of which this amended petition is the second and final part Your petitioners believe that no inconvenience would result from the discontinuance and vacating of this portion of the streets, as herein reported and described. 8. That the fee simple owners of all land along and adjacent to and affected by said portions of the platted streets are your Petitioners herein, LADM Associates, L.L.C., a Virginia limited liability company, Lena Sancilio, Maurice Steingold & Thelma S. Steingold as Trustees under the Maurice Steingold Declaration of Trust Dated March 19, 1992, Lewis B. Steingold, individually and as Trustee under the Will of Israel Steingold and Jeffery M. Steingold, c/o Tony Sancilio, Larasan Realty Corp., 1217 Laskin Road, Virginia Beach, Virginia, 23451, and the other owners, Contractors Paving Company, Incorporated, Bob Teets, President, Post Office Box 62817, Virginia Beach, Virginia 23462. Vincent R. Olivieri, Esquire McCardell & Inman, P.L.C. 2840 S. Lynnhaven Road Virginia Beach, VA 23452 R \WORDS\VRO\SANCILIO PE6 Respectfully Submitted, LADM Associates, L.L.C., Lena Sancilio, Maurice Steingold & Thelma S Steingold as Trustees under the Main'ice Steingold Declaration of Trust Dated March 19, 1992, Lewis B. Steingold, individually and as Trustee under the Will of Israel Steingold, J :ry M. S~~ By.I eI~f~r~ hZ'ounsel GERRIT W BENSON MICHAEL A INMAN STEWART M KAl-IN * BARRY RANDOLPH KOCH WILLIAM E McCARDELL, JR VINCENT R OLIVIERI STEPHEN A STRICKLER * Also admated tn NY, FL and SC McCARDELL & INMAN, P.L.C. ATTORNEYS AND COUNSELORS AT LAW 2840 SOUTH LYNNHAVEN ROAD VIRGINIA BEACH, VIRGINIA 23452-6715 July 25, 1997 CITY TELEPHONE (804) 486-7055 FACSIMILE (804) 431-0410 Mayor and Members of Council of the City of Virginia Beach, Virgima Municipal Center Virginia Beach, VA 23456 RE: CERTIFICATE OF VESTING OF TITLE I, Vincent R. Olivieri, attorney for LADM Associates, L.L.C., a Virginia limited liability company, Lena Sancilio, Maurice Steingold & Thelma S. Steingold as Trustees under the Maurice Steingold Declaration of Trust Dated March 19, 1992, Lewis B. Steingold, individually and as Trustee under the Will of Israel Steingold and Jeffery M. Steingold, with respect to an application for the closing of portions of Wagner Street, First Street and Avenue E, do hereby certify that; 1. I am an attorney at law and represent LADM Associates, L L.C., a V~rginia limited liability company, Lena Sancilio, Maurice Ste~ngold & Thelma S. Steingold as Trustees under the Maurice Stemgold Declaration of Trust Dated March 19, 1992, Lew~s B. Steingold, indimdually and as Trustee under the Will of Israel Steingold and Jeffery M. Steingold, with respect to an application for the closing of a port~on of Wagner Street, First Street and Avenue E. 2. If the property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in the adjacent landowners as follows: Mayor and Members of Council of the City of Virginia Beach, Virginia July 25, 1997 Page 2 Owners of"Wagner Street"and, First Street after adoption of the closure ordinance: 1. Lena Sancilio 2. LADM Associates, L L.C., a Virginia limited liability company 3. Maurice Steingold & Thelma S Steingold as Trustees under the Maurice Steingold Declaration of Trust Dated March 19, 1992 4. Lewis B. Steingold, individually and as Trustee under the Will of Israel Steingold and Jeffery M. Steingold Owners of the "closed portion" of Avenue E after adoption of the closure ordinance: 1. Lena Sancilio 2. LADM Associates, L.L.C. a Virginia limited liability company The said property referred to herein is hereby described as follows: Wagner Street: All that certain parcel and portion of Wagner Street situated, lying and being located in the City of Virginia Beach, Virginia, and more particularly described as follows, to-wit: that pomon of Wagner Street labeled "closed ", being approxunately fifty (50') feet ~n width, bounded on the south by the northern boundary of Parcel A and extending in a northerly direction to a point approximately one hundred fifty (150') feet from the southern right of way boundary of Bonney Road, as more specifically shown on said plat. ,~ First Street: All that certain parcel and portion of First Street situated, lying and being located in the City of Virginia Beach, Virginia, and more particularly described as follows, to-wit: that portion of First Street labeled "closed ", being approximately fifty (50') feet ~n width, bounded on the east by the western right of way boundary of Avenue E and bounded on the City of Virginia Beach, Virginia July 25, 1997 Page 3 west by a line nmning the width of First Street one hundred (100') feet west of, and parallel with, the western boundary of Wagner Street as more specifically shown on said plat. Avenue E: All that certain parcel and portion of Avenue E situated, lying and being located in the City of Virginia Beach, Virginia, and more particularly described as follows: to-wit: the portion of Avenue E, labeled "closed ", being the western half of Avenue E, approximately twenty- five (25) feet in width, bounded on the south by the northern boundary of Parcel A and bounded on the north by a line 25 01 feet in length 200 feet south of, and parallel with the southern right of way boundary of F~rst Street, as more specifically shown on said plat. R \WORDS\VRO\SANCILIO PE6 0 Z m mm j I II I I II - 45 - Item VI-L.3. PUBLIC HEARING ITEM # 42529 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED .4pplication of R UD Y MA GNUSSEN for a Variance to Section 4. 4(d) of the Subdivision Ordinance which requires all lots created by subdivision to have direct access to a public street. .4ppeal from Decisions of .4dmimstrattve Officers in regard to certain elements of the Subdivision Ordtnance, Subdivision for Ruby Magnussen. Property is located on Lot 45.4 on .41berthas Drive. LYNNH.4VEN BOROUGH. The following conditions shall be requtred: The applicant must ensure that the ingress/egress depicted on the plan, providing access to Lot 44.4, remains unencumbered and that the owners of Lot 44.4 as well as the owners of lot 43.4 will be permitted to install improvements needed to construct a single family home on the site. Improvements envisioned include an appropriate pavement section and the extenston of utility lines (the applicant is encouraged to work with the adjoining lot owners and Ctty staff to determine if gravel, as opposed to asphalt, might be an appropriate driveway surface considering the limited number of homes located at this end of Alberthas Drive). . .4Il trees located wtthin the 12-foot landscaped buffer depicted on the submitted plan are to be preserved. During the construction phase of the project, tree protection must be tnstalled in this area. The requtred tree protection must be identified on the single family required stte plan submitted to the Development Service Center. Voting: 1 I-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Hetschober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None August 26, 1997 - 46- Item VI-L. 4. PUBLIC HEARING ITEM # 42530 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Counctl APPROVED Application of JOSEPH C. ADDINGTON for a Variance to Section 4. 4(d) of the Subdivision Ordinance which requires all lots created by subdivision to have direct access to a public street: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, subdivision for Joseph C. Addtngton, Jr. Property is located south of Addington Road. L YNNHA YENBOROUGH The following conditions shall be required' The property shall be developed in accordance with the conditions of variance approval adopted by the Chesapeake Bay Preservation Area Board on August 28, 1995. These conchtions include ao Building envelopes shall be identified for both parcels. All accessory structures must be shown within the limits of the envelope bo ,4 metes and bounds descrtption of the building envelopes to include, limits of land disturbance for both parcels, shall be shown on the.final subdivision plat No building envelope shall occur wtthtn 20 feet of the top-of-bank. Tree mitigation for trees six inches tn cahper and greater shall be at a 3-1 ratio or an equal amount of planting bed be established for tree canopy or any combination thereof. d. All of the property located below the top-of-bank shall be left in a natural state. e. The septic tank primary and reserve drain fieM areas shall be shown on the site plan. ,4 revised site plan meettng the above conditions shall be submitted to the Planning Department for a full plan of development review and approval prior to the issuance of a butldtng permtt August 26, 1997 -47- Item VI-L. 4. PUBLIC HEARING ITEM # 42550 (Continued) PLANNING Voting: 10-0 (By ConsenO Councd Members Vottng Aye: John A. Baum, Linwood 0 Branch, III, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Loutsa M. Strayhorn and Vice Mayor William D. Sessoms, Jr Council Members Voting Nay: None Council Members Abstatning: Wtlliam W Harrison, Jr. Council Members Absent: None Councilman Harrison ABSTAINED as as his law firm performs legal services for the applicants. August 26, 1997 - 48 - Item VI-L. 5. PUBLIC HEARING ITEM # 42531 PLANNING Attorney John Richards, 189 South Rosemont Road, represented the applicant Upon motion by Councilman Jones, seconded by Council Lady Strayhorn, City Council ADOPTED an Ordinance upon application of JACK RABBITSELF-STORAGE for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF JACK RABBIT SELF- STORAGE FOR A CONDITIONAL USE PERMIT FOR MINI- WAREHOUSES (EXPANSION) R08972127 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Jack Rabbit Self-Storage for a Conditional Use Permit for mini-warehouses (expansion) on the west side of S. Rosemont Road, south of the Virgima Beach-Norfolk Expressway. Said parcel is located at 189 South Rosemont Road and contains 5.515 acres. L YNNHA VEN BOROUGH. The following conditions shall be required: The Leyland Cypress trees, as depicted on the design presented to City Council, will be planted on the southern side of the building Correspondence dated August 27, 1997 from Stephen M. Snyder, Vice President - Checkered Flag, referencing the conditions, is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 ~ of the Zoning Ordinance. Adopted by the Council of the City of Virgtnia Beach, Virginia, on the Twen~-sixth of Au~st Nineteen Hundred and Ninety-Seven. August 26, 1997 - 49 - Item VI-L. 5. PUBLIC HEARING ITEM # 42531 (Continued) PLANNING Vottng: 7-2 Counctl Members Voting Aye: John A Baum, Linwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf and Louisa M. Strayhorn Counctl Members Voting Nay: Reba S. McClanan and Nancy K. Parker Council Members Abstaining: William W. Harrison, Jr. and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, ABSTAINED as the applicants do business with his bank. Councilman Harrison ABSTAINED as his law firm performs legal services for the applicants August 26, 1997 - 50 - Item VI-L. 6. PUBLIC HEARING ITEM # 42532 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the Ordinance upon application of CHECKERED FLAG MOTOR CAR COMPANY for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CHECKERED FLAG MOTOR CAR COMPANY FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES R08972128 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Checkered Flag Motor Car Company for a Conditional Use Permit for motor vehicle sales at the southeast corner of Virgtnia Beach Boulevard and North Lynnhaven Road. Said parcel is located at 2865 Virginia Beach Boulevard and contains 2.96 acres. L YNNHA VEN BOROUGH. The following conditions shah be required: Development of the site shah substantially comply with the "Preliminary Plan of Checkered Flag BMW, Building Addition" prepared by Miller-Stephenson & Associates, P.C and renderings prepared by Lyall Design Architects entitled, "Checkered Flag BMW Expansion" dated June 25, 1997. 2. An outdoor speaker system is not permitted. This Ordinance shah be effective in accordance with Section 107 (D of the Zoning Ordinance. Adopted by the Council of the City of Virgtnta Beach, Virginia, on the Twenty-sixth of August Nineteen Hundred and NtnetF-Seven Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Hetschober, Barbara M. Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and Louisa M. Strayhorn Councd Members Voting Nay: None Council Members Abstaining: Vice Mayor WtHiam D. Sessoms, Jr. Councd Members Absent: None Vice Mayor Sessoms ABSTAINED as the applicant does business with his bank. August 26, 1997 AUC-2E-~? 1~,24 ~RO~,CH£CK£RED ~AG £XEC OFF ID,7576~73433 ~= INHERE WINNERS BUY 1997 454~ South Blvd. Dear John: A.~ requ~ by the Lyall Desi~ me~randum of~ 22, 19F7, this EXECUTIVE 0FFIOI;S to confn~ our s~'Tte~ce of the proposed new 1mtqdh~ st the ~ack Rat~k/J~, osemont Road storage facaRy, adjaceat to ou: Driver's Mar~ p~~, tmsxl on the followi~ 2~ . All faces of the ~-w t,,ildi~ wRl be ~,,d to =reich thc cu~ colors. lack Rabbit's plamin~ of an ev~ screen~g hedge of ..L~~ Cyp _re~__ 5"to 6' ts. ~ at 6' eentem along tl~ entire length of the, oommon pro~ line wheze llm new J~k ~ bmMing is be located_ you have any questions, please do not beskate to contact mc. SMS/cmr cc: Herb Stmrtel AUDI MITSUBISHI ~ HYUNDAI I~.t./ JAGUAR ~HE SAAB ~UZUKI TOYOTA Phor~ {757) 490-1111 ~ All ~ MAZI: A - 51 - Item I/I-L. 7. PUBLIC HEARING ITEM it 42533 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of CHARLES G. & SUSAN L. BARKER for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CHARLES G. & SUSAN L. BARKER FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES & SER VICE R08972129 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Charles G. & Susan L. Barker for a Conditional Use Permit for motor vehicle sales & service on the south side of Laskin Road, east of Regency Drive. Said parcel is located at 1905 Laskin Road and contains 34,290 square feet. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. AH auto repair work must be conducted inside the building and no outside storage of parts or equipment is permitted. 2. The existing nonconforming stgn must be removed. 3. Hours of operation shah be between 8:00 AM and 9:00 PM. 4. No outside paging system shah be permitted. Development shah conform with the landscape plan entitled "Landscape Plan - Barker Toyota, Landscape Designer/Certified Nurseryman-Patsy Kerr, 5-22-97" submitted with this application, supplemented as necessary to meet aH minimum requirements of the Zoning Ordinance and Site Plan Ordinance for landscape buffers, parlang lot and display area landscaping, and foundation plantings. The existing stand of dense vegetation may serve as part or aH of the required 15- foot buffer if this meets requirements determined during site plan review. 6. A minimum six-foot solid fence must be installed 15-feet or greater from the rear property hne. In the event that the site plan must be reviewed to include a stormwater management facihty, the revisions shah not be permttted to reduce landscape area depicted on the site plan and required by the Zoning Ordinance and Site Plan Ordinance. . The building design shah be in conformance with the revised rendering entitled, "Charles Barker, July 22, 1997." The colors and materials shall match the architectural rendering entitled, "Budding Elevations of Charles Barker, July 11, 1997." This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen_tF-sixth of August Nineteen Hundred and Ninety-Seven. August 26, 1997 - 52 - Item VI-L. 7. PUBLIC HEARING ITEM # 42533 (Continued) PLANNING Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker and Louisa M. Strayhorn Council Members Vottng Nay. None Council Members Abstaining: Harold Heischober, and Vice Mayor William D. Sessoms, ,Ir. Council Members Absent: None Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, ABSTAINED as the applicants do bustness with his bank. Councilman Heischober ABSTAINED as he owns the property immediately to the east of the applicant. August 26, 1997 - 53 - Item PUBLIC HEARING ITEM # 42534 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of CHURCH OF ST. GREGORY THE GREAT for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CHURCH OF ST. GREGORY THE GREAT FOR A CONDITIONAL USE PERMIT FOR THE EXPANSION OF EXISTING SCHOOL FACILITY (SULLIVAN HALL) R08972130 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Church of St Gregory The Great for a Conditional Use Permit for the expansion of existing school facility (Sullivan Hall) 650 feet more or less south of Virginia Beach Boulevard and 120 feet more or less west of Clearfield Avenue. Said property is located at 5345 Vtrginia Beach Boulevard and contains 3 7, 461.6 square feet. BA YSIDE BOROUGH. The following conditions shah be required: 1. The building design and material shall be compatible with the existing building This Ordinance shah be effective in accordance with Section 107 (J) of the Zoning Ordinance. Adopted by the Counctl of the City of Virgtnia Beach, Virginia, on the Twen_tF-sixth Of August Nineteen Hundred and Ntnet¥-Seven Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Vottng Nay: None Council Members Absent. None August 26, 1997 - 54 - Item VI-L. 9. PUBLIC HEARING ITEM # 42535 PLANNING Attorney R. J. Nutter, 4425 Corporation Lane, Phone: 519-3214, represented the applicant (Towne Place Suites by Marriott) Upon motion by Councilman Jones, seconded by Councilman Harrison, City Council ADOPTED an Ordinance upon application of GRA Y LUMBER CO., a Virginia Corporation, GRA YLAND COMPANY, L.P., NATIONSBANK, N.A. and ELMON T. GRAY for a Conditional Change of Zoning District Classfficatton with Proffers Revised. ORDINANCE UPON APPLICATION OF GRAY L UMBER CO., A VA CORPORA TION, GRA YLAND COMPANY, L.P., NA TIONSBANK, N A. AND ELMO T. GRAY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION Z08971084 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Gray Lumber Co., a VA Corporation, Grayland Company, L.P., NationsBank, N A. and Elmon T. Gray for a Change of Zoning District Classification from 0-2 Office District to Conditional H-1 Hotel District on the south side of Cleveland Street, 350 feet more or less east of Newtown Road. The proposed zoning classificatton change to H-1 is for hotel land use. The Comprehensive Plan recommends use of this parcel for business/research center use in accordance with other plan policies. Said parcel contains 2.14 acres. BA YSIDE BOROUGH. . An agreement encompassing proffers shall be recorded with the Clerk of the Ctrcuit Court and is hereby made a part of the record. 2.. Proffers No 3 re Rendering; and, No. 7 re sign Cleveland/Larry Avenue shall be DELETED. 3. The building design dated August 15, 1997, has been accepted. Thts Ordtnance shall be effecttve in accordance wtth Section 107 (J) of the Zomng Ordinance. Adopted by the Council of the City of Virgtnia Beach, Virginia, on the Twent~-stxth of August Nineteen Hundred and NineS-Seven. August 26, 1997 - 55 - Item VI-L. 9. PUBLIC HEARING ITEM # 42535 (Continued) PLANNING Voting: 11-0 Councd Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Lomsa M. Strayhorn Council Members Voting Nay: None Council Members Absent. None August 26, 1997 AGREEMENT THIS AGREEMENT, made as of this 18th day of June, 1997, by and among GRAY LUMBER COMPANY, a Virginia corporation, GRAYLAND COMPANY, L.P., a Virginia limited partnership, ELMONT GRAY and NATIONSBANK, N.A., TRUSTEES UNDER AN AGREEMENT WITH GARLAND GRAY, dated December 31, 1970, for the benefit of Florence G. Tullidge and her descendants, Mary G. Stettinius and her descendants, Agnes G. Duff and her descendants and Elmon T. Gray and his descendants, respectively, and ELMONT GRAY AND NATIONSBANK, N.A., AS TRUSTEES UNDER THE WILL OF GARLAND GRAY for the benefit of Florence G. Tullidge and her descendants, Mary G. Stettinius and her descendants, Agnes G. Duff and her descendants and Elmon T. Gray and his descendants, respectively, as property owners of the property described in EXHIBIT A (hereinafter collectively referred to as the "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee"). WITNESSETH: WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee (the "Petition"), to change the classification of a portion of the Grantors' property from 0-2 (Office) to H-1 (Hotel), such change to be granted on certain property which contains a total of 2.144- acres, more or less, located in the Bayside Borough of the City of Virginia Beach, Virginia, more particularly described in the attached EXHIBIT A (hereinafter the "Property"); WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including residential, business and preservation purposes, through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change, and the need for various types of uses, including those listed above, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned as H-1 are needed to cope with the situation to which the Grantors rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the H-1 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the PREPARED BY MAYS & VALENTINE, L.L.P. 4425 Corporation lane, Suite 420 Virginia Beach, VA 23462 new Zoning Map relative to the Property, which proffers have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the CZO, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on all or a portion of the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, § 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent; NOW, THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property developed for a use permitted under the H- 1 zoning classification, and hereby covenant and agree that these Proffers shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Property shall be developed substantially as shown on the plan entitled "Rezoning Plan - Parcel #2, Newtown Road and Cleveland Street, Virginia Beach and Norfolk, Virginia, Grayco Real Estate Investments" dated May 14, 1997, prepared by Langley and McDonald, P.C., a copy of which is exhibited to the Virginia Beach City Council, and is on file in the Planning Department of the City of Virginia Beach (hereinafter "Site Plan"). 2. The number of hotel units allowed on the Property shall not exceed 100. 3. The buildings constructed on the Property shall be completed substantially as depicted in the rendering entitled "Towne Place Suites by Marriott, Virginia Beach, Virginia," dated August 15, 1997, a copy of said rendering is exhibited to the Virginia Beach City Council and is on file in the Department of Planning of the City of Virginia Beach (hereinafter "Rendering") 4. No restaurant facilities with Alcoholic Beverage Control (ABC) licenses shall be permitted on the Property. 5. The freestanding sign on the Property shall be a monument style sign and shall not exceed 10 feet in height or 32 square feet of sign face area, per face. I an6. Further conditions may be required by the Grantee during detailed site plan and/or ubdivision review and administration of applicable City Codes by all cognizant City agencies d deP~llmr~nf~~etnOc~se~if~i:pa:~ilaff~Co21~:dile~~iUiafi~~~tf~ulations applicable thereto refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date of the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the Zoning Ordinance or this Agreement, the Grantors shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. WITNESS THE FOLLOWING SIGNATURES AND SEALS. GRAY LUMBER COMPANY, a Virginia corporation ~" pE~en~i°dnenT~ ~aY"' / GRAYLAND COMPANY, L.P., a Virginia limited partnership By: GRISE CORPORATION, a Virginia corl}oration, its~,e~ President NATIONSBANK, N.A., as trustee for four separate trusts under an agreement dated December 31, 1970 with Garland Gray, one for the benefit of each of Elmon T. Gray, Florence G. Tullidge, Agnes G. Duff and Mary G. Stettinius ELMON T. GRAY, as trustee for four separate trusts under an agreement dated December 31, 1970 with Garland Gray, one for the benefit of each of Elmon T. Gray, Florence G. Tullidge, Agnes G. Duff and Mary G. Stettinius (SEAL) NATIONSBANK, N.A., as trustee for four separate trusts under the will of Garland Gray, one for the benefit of each of Elmon T. Gray, Florence G. Tullidge, Agnes (3. Duff and Mary G. Stettinius ! ELMON T. GRAY, as trustee for four separate trusts under the will of Garland Gray, one for the benefit of each of Elmon T. Gray, Florence G. Tullidge, Agnes G. Duff and Mary~..G. Stettinius / (SEAL) L~mon T. Gray, :l"rustee 7 STATE OF VIRGINIA CITY/COL~I'.~T¥OF f'~ ~_J3~_QF}o/, to-wit: The foregoing instrument was acknowledged before me this ~)~ay often, 199ff, ~y Elmon T. Gray, President of Gray Lumber Company, a Virginia Corporation, Presid6nt of Grise Corporation, a Virginia corporation and the corporate general partner of Grayland Company, L.P., a Virginia limited partnership and Trustee for four separate trusts under an agreement dated December 31, 1970 with Garland Gray, one for the benefit of each of Elmon T. Gray, Florence G. Tullidge, Agnes G. Duff and Mary G. Stettinius and four separate trusts under the will of Garland Gray, one for the benefit of each of Elmon T. Gray, Florence G. Tullidge, Agnes G. Duff and Mary G. Stettinius. N~ary Pt~lic- ' / - My Commission Expires: STATE OF VIRGINIA CITY/GOL~!TY OF /~t'P~}r3Cg2LE3(., to-wit: The foregoing instrument was acknowledged before me this ~.Oq'~yof.A.,~nn 199~,7by ,/~./'O~_/"~_ ~/gL/[Name], /~:Ee_/9/~3'/~/~_ Title] of NationsBank, N behalf of NationsBank, N.A., ffrustee for four separate trusts under an agreement dated December 31, 1970 with Garland Gray, one for the benefit of each of Elmon T. Gray, Florence G. Tullidge, Agnes G. Duff and Mary G. Stettinius and four separate trusts under the will of Garland Gray, one for the benefit of each of Elmon T. Gray, Florence G. Tullidge, Agnes G. Duff and Mary G. Stettinius. #6881 6 EXHIBIT A Situate, lying and b~ing all that ~tain piece or parcel ofland 16eared ia hyside Boroush in the City of Virginia Beach, Virginia, said l~pemed Pareel 3 ~i._~ designaaxl ss a portion of "SITE -AA' as shown oa n plat mtiticd "RESUBDIVISION OF PARCEleD SUBDMSION OF THE KOGER CENTER AND PARCEL A-I THE KOGER CENTER RF.~UBDMSION AND PROPERTY OF OBCP ASSOCIATES, L.P.", and datcd August 14, 1991, all duly rccmdexl in the Clerk's Offic~ ofth~ Circuit Court of the City of Vir$inia Beach, Virsinia in Map Book 219 BEGINNINO st & point lyin8 in the sotahedy right-of-way ~ of Cleve. htal Stre~ (66' width), said point bein~ the northeast comer of said Pro~ Pared 3. the northwest comer of"SITE - DD" and bcin8 thc truc point and plac~ of B~'glnain8; ~ with Ih, westerly ~ or'said "SITB- DD" 8otah twenty fiv~ degrees three minutm thirteen seconds West (S 2~03'13" W), a dimncz of four hundred eighty one and 61/100 (481.61) feet to a point lying in thc northerly right-of-way line of Norfotlc-Vit~ Beach Toll Road Exit Ramp for Route #44 (variable width), said point also being the southeast corner of said Propo~d Parcel 3 and the southwest com~ of said thence with said northerly right-of-way line of Norfollc-V'trginia Beach Toll Road Exit It*mn Route ~q~ along a non-tangential curve to thc right having a radius ofsix Immlzz~ seventy three and 20/100 (673.20) feet, arc length of two hundred four and 59/100 (204.59) ~ delta angle of seventeen degrees twenty four minutes forty six seconds (I 7'24'46~), a chord bearing of North forty five degrees filty four m~nutes twenty thrcc scconds West (N 45~549,3' W), and a chord length of two lumdred three and 81/100 (203.81) feet to a point: thcnex continuing with thc northerly fight-of-way linc of Norfolk-Virginia Beach Toll Road Exit Ramp for Route/M4 Horth thirty six degrees forty minutes mirty seconds West (bl 36'40'30' W). a distmce of forty five and 15/100 (45.1.5) feet to a point, said point also train5 thc southwest comer ofsaid Proptmed Pared 3 and the somhea.qt corner of the I~-mainder of*SH'~AA'; thence alon8 the westerly proposed property line betw~ said Pro~ Parcel 3 and thc n~aalnder of*SITE-AA* North twenty five degre~ three minutes thirteen seconds East (N 25'03'13~ E), a distance of four hundred forty and 98/100 (440.98) feet to a point lying in thc sony right-of-way line of said Cleveland Street, said point also beins thc northwest corner of said Proposed P,,reel 3, the northeast comer of~c mnalncler or'SITE-AA'; thence with thc southerly fight-of-way linc of said Cleveland Street along a non-tangential curve to the left having a radius of four htmdtul on~ and 83/100 (401.83) feet, arc length of'one htmdrcd nincty six and 48/100 (196.48) ~ delta an~le of twenty eisht delgces z~to minutes fifty thn~ seconds f2~53'), a choni bearina South tiny degrees fiity three ,~i,~ ~ ei~t seconds East (S 50'~3~8' L'9. and a dmrd length of on~ hundred ninety four and 52/100 (194.52) feet to a point; then~ continuing with thc right-of-way linc of said Cleveland Street South sixty four degrccs fifty six minutes forty seven seconds East (S 64°56'47* E). a distancc of forty three and 72/100 (43.72) feet to a point, said point b~'n~ thc truc point and place of'BE~INNINO and containing two and 443/1000 (2.443) acres, or one hundred six thousand four hundred twen~ (106,420) square feet. morc or less. - 56- Item VI-L. IO PUBLIC HEARING ITEM # 42536 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED INDEFINITELY Ordinance upon application of THE CITY OF VIRGINIA BEACH, DEPARTMENT OF ECONOMIC DEVELOPMENT for a Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH, DEPARTMENT OF ECONOMIC DEVELOPMENT FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-2 AND 1-2 TO I-1 AND, Ordinance upon application of the City of Virginia Beach, Department of Economic Development for a Change of Zoning District Classification from 0-2 Office District and 1-2 Heavy Industrial District to I-I Light Industrial District on certain proeprty located at the northeast and northwest tntersecttons of Bendix Road and the Virginia Beach-Norfolk Expressway. The proposed zomng classification change to I-1 is for light industrial land use. The Comprehensive Plan recommends use of thts parcel for pubhc, institutional, government use in accordance with other Plan pohcies. Said parcels contain 16.01 acres. KEMPSVILLE BOROUGH. ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH, DEPARTMENT OF ECONOMIC DEVELOPMENT FOR A CONDITIONAL USE PERMIT FOR A TELEVISION TRANSMISSION FA CILITY Ordtnance upon application of the Ctty of Virginia Beach, Department of Economic Development for a Conditional Use Permit for a television transmission facdity on certain property located at the northeast and northwest intersections of Bendtx Road and the Virginia Beach-Norfolk Expressway. Said parcels contain 16.01 acres. KEMPSVILLE BOROUGH. Voting: 10-0 (By Consent) Council Members Voting Aye. John A. Baum, Ltnwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Louisa M. Strayhorn and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaimng: William W. Harrison, Jr. Council Members Absent: None Councdman Harrison ABSTAINED as his law firm performs legal services for the Family Channel. August 26, 1997 -57- Item VI-L. 11 PUBLIC HEARING ITEM # 42537 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon applications of ALLSAFE SELF STORAGE LLC for a Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF ALLSAFE SELF STORAGE LLC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-2 TO CONDITIONAL B-2 Z08971085 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Allsafe Self Storage LLC for a Change of Zoning District Classification from 0-2 Office District to Conditional B-2 Community Business District on the south side of Baxter Road, 812 feet east of Princess Anne Road. The proposed zoning classification change to Con&tional B-2 is for commercial land use. The Comprehensive Plan recommends use of this parcel for office use in accordance with other plan policies. The proposed zoning classification change to Conditional B-2 is for commerical land use. The Comprehensive Plan recommends use of this parcel for office use in accordance ruth other Plan policies. Satd parcel is located at 4855-4867 Baxter Road and contains 3.2407 acres. KEMPSVILLE BOROUGH. Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. AND, ORDINANCE UPON APPLICATION OF ALLSAFE SELF STORAGE LLC FOR A CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES R08972131 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA Or&nance upon application of Allsafe Self Storage LLC for a Conditional Use Permit for mini-warehouses on the south side of Baxter Road, 812 feet east of Princess Anne Road. Said parcel is located at 4855-4867 Baxter Road and contains 3.2407 acres KEMPSVILLE BOROUGH. The following conditions shall be required: The mini-warehouses shall be developed in accordance with the proffered site plan, rendenngs and exhibits. A certificate of occupancy for the mini-warehouses shall not be issued until the associated office space is available for occupancy. . Should additional site area be required during final site plan review to accommodate stormwater management facilities and/or other standard code requirements, that site area shall be prowded through the elimination or reduction in size of Building 8, and not through the elimination or reduction of setbacks or landscaped open space. . If Buil&ng 8 is eliminated, the southern end of Building 5 shall be designed and used for office uses like the southern ends of Buil&ngs 6 and 7. August 26, 1997 - 58- Item VI-L. 11 PUBLIC HEARING ITEM # 42537 (Continued) PLANNING This Ordinance shall be effective in accordance with Section 107 (D of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen_ty-sixth of August Nineteen Hundred and Ninety-Seven. . Vottng: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Ltnwood O. Branch, III, William I~. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Vice Mayor William D. Sessoms, Jr. Council Members Absent: None Vice Mayor Sessoms ABSTAINED as the applicant does business wtth his bank. August 26, 1997 Cit~- of Virginia Beach Z NTER-OFF~ CE CORRESPOIkI~EIdCE In Reply Refer To Our File No. DF-4406 DATE: August 14, 1997 TO: FROM: Leslie L. Lilley DEPT: City Attorney William M. Macali ',[~/~ DEPT: City Attorney Conditional Zoning Application- Allsafe Self Storage, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 26, 1997. I have reviewed the subject proffer agreement, dated July 23, 1997, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM/ Enclosure THIS AGREEMENT, made this 23rd day of July, 1997 by and between A/~LSAFE SELF STORAGE, L.L.C., a Virginia limited liability company, contract purchaser of the property described on Exhibit A attached hereto, and J. TERRY KELLY and SUZANNE KELLY, owners of the property described on Exhibit A attached hereto (hereinafter collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). W I T N E S S E T H: WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Grantors' property from 0-2 (Office) to B-lA Conditional (Community Business), on certain property which contains a total of 141,165 square feet, more or less, located in the Kempsville Borough of the City of Virginia Beach, Virginia, more particularly described in the attached Exhibit A (hereinafter the "Property"i; and WHEREA~, the Grantee's policy is to provide only for the orderly development of land for various purposes, including office and mini-warehouse purposes, through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, including those listed above, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-lA Conditional are needed to BY MAYS & VALIDFrlN~, L.L.P. 4425 Cotl~ati~m l. ane, Su~m 420 Vh~ima Bea~ VA 23462 cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-lA Conditional zoning district by the existing City Zoning Ordinance (CZ0), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised -- zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.1-431, which said ordinance or resolution shall be recorded along with sa~d instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property if developed for a use permitted under the B-2 Conditional zoning classification, and hereby covenant and agree that these Proffers shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Property shall be used solely for the following uses: Office and self-storage mini-warehouse facilities as depicted in exhibits referenced herein. Building 1, facing Baxter Road, and the rear portion of Buildings 6, 7 and 8, facing Kempsville Greens Golf Club, which buildings are depicted on the site plan referenced hereinbelow, shall be used for office purposes. 2. The Property shall be developed substantially as shown on the exhibit entitled '~Allsafe Self-Storage," prepared by The Spectra Group, dated 6/17/97, which has been exhibited to the City Council and is on file at the Virginia Beach Planning Department (hereinafter "Site Plan"). 3. The buildings constructed on the Property facing Baxter Road and the portions of the buildings constructed on the Property facing Kempsville Greens Golf Club, as identified on the Site Plan, shall be constructed substantially as shown on the renderings entitled "Allsafe Park -- Baxter Road, Va. Beach," prepared by Walker Woodard Architects, P.C., dated May 16, 1997 (showing the elevation as seen from Baxter Road) and "Allsafe Park (rear view)," prepared by David Gatling, dated 6/9/97 (showing the elevation as seen from Kempsville Greens Golf Club), which renderings have been exhibited to the City Council and are on file at the Virginia Beach Planning Department (hereinafter, collectively the ~Renderings"). 4. The mini-storage areas within the buildings constructed on the Property as shown on the Site Plan shall be constructed substantially as shown and of the same building materials as those displayed in the exhibit entitled "Exhibit B," dated July 23, which exhibit has been displayed to the City Council and is on file at the Virginia Beach Planning Department. 5. The exterior building materials of the buildings depicted on Renderings shall be the same color and building materials specified on the Renderings and on Exhibit B, which have been displayed to the City Council and are on file in the Virginia Beach Planning Department. 6. No more than one freestanding sign shall be located on the Property which freestanding shall be a monument style sign and shall not exceed 10 feet in height or 36 square feet of sign face area, per face. Signage for the offices located on the Property shall be flush-mounted to the building and shall be uniform in design and materials. Such office · signage shall not exceed six square feet in size and all lettering shall be brass or brass lettering against a black background. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Ail references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. (PAGES TO FOLLOW ARE SIGNATURE PAGES) THE UNDERSIGNED ACKNOWLEDGES THAT HE HAS READ THE FOREGOING AGREEMENT. WITNESS THE FOLLOWING SIGNATURE AND SEAL. ALLSAFE SELF STORAGE, L.L.C. David W. Gatlin~i Men)Der / STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this l~ day of _~ 1997, by David W. Gatling, a member of Allsafe Self Stof~q~, L.L.C., a Virginia limited liability company, on behalf of the limited liability company. ' ~ Notary Public My Commission Expires: THE UNDERSIGNED ACKNOWLEDGES THAT HE HAS READ THE FOREGOING AGREEMENT. WITNESS THE FOLLOWING SIGNATURE AND SEAL. CITY OF n/, W¢,,~/,,~ A?~4~', to wit: - . The foregoing instrument was acknowledged before me this ~ day of ~w~¥ , 1997, by J. Terry Kelly. My Commission Expires: THE UNDERSIGNED ACKNOWLEDGES THAT SHE HAS READ THE FOREGOING AGREEMENT. WITNESS THE FOLLOWING SIGNATURE AND SEAL. SUZANNE KkLLY U (SEAL) STATE OF P/{~G,m/(~4~ CITY OF ~//~_6t,~,# D-eF~6/~ , to wit: The fore_go, ing instrument was acknowledged before this ~ day of ~w[%/ , 1997, by Suzanne Kelly. ---t Notary Public My Commission Expires: &- me EXHIBIT A Location (Street Address): Subdivision: Lot Number(s): Block: Map Book & Page Acreage: Borough: GPIN Number: 4855-4867 Baxter Road Part of Tract 31A. W. Cornick Plat, NE 1/2 Tract 30 A. W. Cornick Farm N/A N/A MB 66, PG 54, MB 57, PG 55 3.2407 ~ AC Kempsville- 1476-17-1715, 1476-17-2927, 1476-17-3794 8455 10 59- Item VI-M.I. RECESS INTO EXECUTIVE SESSION ITEM # 42538 Mayor Meyera E. Oberndorf entertained a motion to permtt City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose' PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, dtsciplimng, or resignation of spec~c public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To Wit: Appointments - Boards and Commissions: Agricultural Advisory Commission Board of Budding Code Appeals Development Authortty Parks and Recreation Commission Public Library Board Southeastern Hampton Roads Dtsability Services Board PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-heM property, or of plans for the future of an tnstttution which couM affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-$44(A)(3). Lynnhaven Borough Bayside Borough Kempsville Borough Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed into EXECUTIVE SESSION (7:08 P.M.). Voting: 11-0 Councd Members Voting Aye: John A. Baum, Linwood 0 Branch, III, William ~ Harrison, Jr, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wtlham D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None August 26, 1997 - 60- ITEM # 42539 Mayor Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEA CH CITY COUNCIL in the City Councd Conference Room, City Hall Building, on Tuesday, August 26, 1997, at 8:02 P.M. Voting: 11-0' Council Members Voting Aye: John A. Baum, Ltnwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None *Formal Vote August 26, 1997 - 61 - Item VI-M. 2. CER TIFICA TION OF EXECUTIVE SESSION ITEM # 42540 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were tdenti, fied in the motion convening the Executive Session were heard, discussed or considered by Vtrginia Beach City Council. Voting: 11-0' Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Wdliam ~ Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None *Verbal Vote August 26, 1997 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 42538 Page No. 59 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Ruth Hodges Smith, CMC/AAE City Clerk August 26, 1997 Item VI-N. 1. APPOINTMENTS ITEM # 42541 Upon NOMINATION by Vice Mayor Sessoms, City Counctl REAPPOINTED: Bonnie S. Bright John W. Cranwell, Jr. DonaM H. Horsley 4-Year Terms 10/1/97 - 9/30/2001 A GRICUL TURAL AD VISOR Y COMMISSION Voting. 11-0' Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None August 26, 1997 - 63 - Item VI-N. 2. APPOINTMENTS ITEM # 42542 BY CONSENSUS, City Council RESCHEDULED: BOARD OF BUILDING CODE APPEALS August 26, 1997 Item VI-N. 3. APPOINTMENTS ITEM # 42543 Upon NOMINATION by Vice Mayor Sessoms, Ctty Council' REAPPOINTED: Brantley tV. Basnight III AND, APPOINTED: Elizabeth A. "Betsy" Duke 4-Year Terms 9/1/97 - 8/30/20 O1 DEVELOPMENT A UTHORITY Voting: 9-0' Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William gE. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Vtce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: *Verbal Vote Nancy K. Parker and Loutsa M. Strayhorn August 26, 1997 Item VI-N 4. APPOINTMENTS ITEM # 42544 Upon NOMINATION by Vtce Mayor Sessoms, City Councd: REAPPOINTED: James H. Sellers (Lynnhaven) Mark N. Snyder (Kempsville) Paul A. West (Virginia Beach) AND, APPOINTED: Alice Ferguson (Kempsville) John O'Neil (At Large) 3-Year Terms 9/1/9 7 - 8/3 0/2 0 0 0 PARKS AND RECREATION COMMISSION Voting. 11-0' Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr, Harold Heischober, Barbara M Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Counctl Members Voting Nay: None Council Members Absent: None *Verbal Vote August 26, 1997 66- Item VI-N. 5. APPOINTMENTS ITEM # 42545 Upon NOMINATION by Vice Mayor Sessoms, City Council: REAPPOINTED: R. Patrich Deans Susan L. Goranson Susan Shaw Hulbert Ronda Goodman Mealy Laura W. Tebault APPOINTED: Sandra J. Tainter 3-Year Terms 9/1/9 7 - 9/3 0/2 0 0 0 PUBLIC LIBRAR Y BOARD Votzng: 11-0' Counctl Members Voting Aye: John A. Baum, Ltnwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Loutsa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None *Verbal Vote August 26, 1997 - 67- Item VI-N. 6. APPOINTMENTS ITEM # 42546 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Marian P. Sanders No Term (effective: October 1, 1997) SOUTHEASTERN HAMPTON ROADS DISABILITY SER VICES BOARD Voting: 11-0' Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III, William W. Harrison, Jr., HaroM Hetschober, Barbara M. Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Lomsa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None *Verbal Vote August 26, 1997 - 68 - Item V-O. ADJOURNMENT ITEM # 42547 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:15 P.M. · Hooks, CMC/AAE Chief Deputy City Clerk Ruth Hodges Smith, CMC/AAE C~ty Clerk Meyera E. Oberndorf Mayor C~ty of Virginia Beach V~rginia August 26, 1997 Item V-O. .4D JO URNMENT ITEM # 42547 Mayor Oberndorf DECL4RED the Ctty Council Meeting ADJOURNED at 8'15 P.M Beverly 0 Hooks, CMC/AAE Chief Deputy C~ty Clerk CMC/AAE C~ty Clerk Meyera E.n Obernd~a ~-~ Mayor City of Virginia Beach Vtrgtnta August 26, 1997