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OCTOBER 28, 1997 MINUTES
City of Virginia Reach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF, At Large VICE MAYOR WILLIAM D SESSOMS, JR, At Large JOHN A BAUM, Bl~:l~water Borough LINWOOD 0 BRANCH II! V~rgm~a Beach Borough WILLIAM ~v' HARRISON, JR Lynnhaven Borough HAROLD HEISCHOBER, At Large BARBARA M HENLEY, Pungo Borough LOUIS R JONF_~, Bay.~ Borough REBA S McCLANAN, Pnn~ess Anne Borough NANCY K PARKER, At-Large LOUISA M STRAYHORN, Kempswlle Borough JAMES K SPORE C,ty Manager LF.~LIE L LILLEY, Caty Attorney RUTH HODGES SMITH, CMC / AAE, Czty Clerk CITY COUNCIL AGENDA OUR #K~10~ CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 /757~ 427 4303 October 28, 1997 I. CITY MANAGER'S BRIEFINGS - Conference Room- 2:30 PM A. B, TIDEWATER COMMUNITY COLLEGE/SCHOOLS TECHNOLOGY PROJECT E. Dean Block, Director of Management Services SHORE DRIVE BILLBOARD RENOVATION Robert Scott, Director of Planning II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL CONCERNS IV. INFORMAL SESSION - Conference Room - 3:30 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION V. FORMAL SESSION - Council Chamber- 6:00 PM A. CALL TO ORDER- Mayor Meyera E. Oberndorf B. INVOCATION: Reverend William S. Campbell Aragona Church of Christ C. 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 October 14, 1997 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA The Consent Agenda will be determined during the Agenda Review Session and considered in the or&nary course of business by City Council to be enacted by one motion. I. PUBLIC HEARINGS 1. AGRICULTURAL PRESERVATION PROGRAM (ARP) 2. COMPREHENSIVE PLAN 3. ELECTION DISTRICTS AND VOTING PLACES J. ORDINANCES/RESOLUTIONS X, Ordinance to authorize the acquisition of Agricultural Land Preservation Easements (ARP) and the issuance by the City of its contract obligation: a. Margaret Boykin - 169.88 Acres Installment Purchase Agreement No. 1997-17 - $328,464.00 (PUNGO BOROUGH) e Ordinance to AMEND and REORDAIN Section 10-1 of the City Code re ADDING new precincts and changes to polling places and boundary lines: Create four new Precincts: Hilltop, Eastern Shore, Shell and Strawbridge Change four Precinct boundary lines: Alanton, Trantwood, Bayside, and Red Wing Change two Precinct boundary lines and polling locations: Linkhom and Wolfsnare; and Change three polling locations: Sigma, Point O'View, and Lake Smith e Ordinance to TRANSFER $94,645 from the FY 1997-1998 Operating Budget Reserve for Contingencies for Youth and Families to the FY 1997-1998 Operating Budget for the Department of Public Libraries re purchase of materials and equipment for creation of Parent Resource Centers known as F.R.E.D. (Families Reading Every Day) at each Library, the Department of Social Services and an Elementary School. e Ordinance to declare 1,163 square feet, plus or minus, as EXCESS PROPERTY on Arctic Avenue at Lake Holly; and, authorize the City Manager dispose of same to James R. and Deborah J. Flanagan (VIRGINIA BEACH BOROUGH). 5. Ordinances to authorize temporary encroachments: a. Into a portion of the City's right-of-way known as Donna Drive to The Friends School, Inc., re constructing and maintaining a parking lot (LYNNHAVEN BOROUGH). b, Into a portion of the City's right-of-way known as the West Neck Creek Bridge on Indian River Road to the United States Geological Survey re constructing and maintaining a temporary stream and salinity gage (KEMPSVILLE BOROUGH). C. Into a portion of the City's fight-of-way of Atlantic Avenue to Joseph F. and Donna B. Killen at 200 74th Street re maintaining an existing six-foot spruce fence (LYNNHAVEN BOROUGH). d. Into a portion of the City's 10' drainage and utilities easement to Ronald W. and Mavis S. Peacock at 944 General Stuart Drive re constructing and maintaining a wooden bulkhead (LYNNHAVEN BOROUGH). , Resolution to authorize the Director of Finance make payment on lost minibonds, R-2729 and R-2730, valued at $500 each, to the Estate of Fiorine G. Horay (General Obligation Public Improvement Minibonds, dated May 11, 1991, maturity). , Resolution of support and funding commitment up to $13-Million for the construction of a joint Tidewater Community College/Virginia Beach City Public Schools Technical and Career Eduction Center; and, urging the Virginia General Assembly to fully support this project and fund it in the 1998-2000 Biennium. ge Resolution to authorize the City Manager execute an agreement re relocation of the joint Virginia Tech/University of Virginia Graduate Center to the Hampton Roads Agricultural Research and Extension Center. 9. License Refunds in the amount of $5,631.07. K. PUBLIC HEARING- PLANNING 6:30 PM PLANNING BY CONSENT - To be determined during the Agenda Review Session. le Application of IBOLYA SCHWAB for a Conditional Use Pe .rmit for a home OCcupation (family day care) on Lot 44, Block B, Windsor Oaks West, Section 1, Part 2 (617 N. Piping Rock Road), containing 9,807 square feet more or less (KEMPSVILLE BOROUGH). Recommendation: APPROVAL o Application of BAPTIST EXTENSION BOARD, INC., for a Conditional Use Permit for a ehorch at the Southwest corner of Independence Boulevard and Round Hill Drive, containing 6.239 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL . Application of BETHEL CHRISTIAN FELLOWSHIP for a Conditional Use Permit for a church addition on the North side of Indian River Road, West of New Bridge Road (1814 Indian River Road), containing 1.02 acres (PUNGO BOROUGH). Recommendation: APPROVAL . Application of KEMPSVILLE CHURCH OF GOD for a Conditional Use Permit for a church (expansion) on the East side of Princess Anne Road, South of Providence Road (4422 Princess Anne Road), containing 4.9147 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL e Application of WOODSTOCK POINT ASSOC., LLC, for a Conditional Use Permit for a community boat dock at the Northem extremity of Woodstock Road, containing 5.57 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL 6, Application of C & C DEVELOPMENT, L.L.C., for a Change of Zoning District Classification from I-I Light Industrial District to Conditional B-2 Community Business District at the Southeast corner of Princess Anne Road and Newtown Road, containing 2.04 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL e Application of CH & B ASSOCIATES, L.L.P., THE CAPLAN FAMILY TRUST, THE FLEDER FAMILY TRUST and KYRUS FAMILY L.L.C., for a Change of Zoning District ¢lassifieatiQn from A-12 Apartment District to B.-2 Community Business DistriCt on the West side of Windsor Oaks Boulevard beginning at a point 330 feet more or less South of Holland Road, containing .8 acres more or less (KEMPSVILLE BOROUGH). Recommendation: APPROVAL . Applications of the City of Virginia Beach re City Zoning Ordinance: a, AMEND Sections 111,401 and 501 and ADD Section 507 re flex suites in all single-family residential zoning districts and providing safeguards for their use. b. AMENDSection 401 re dwelling units in livestock barns in Agricultural Zoning Districts. C. AMEND Sections 901 and 1001 re use regulations for eating and drinking establishments. Recommendations: APPROVAL L, APPOINTMENTS BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD HISTORICAL REVIEW BOARD SENIOR SERVICES OF SOUTHEASTERN VIRGINIA M. UNFINISHED BUSINESS N. NEW BUSINESS 1. City Council Sessions Schedule - December 1997 O. ADJOURNMENT CITY COUNCIL SCHEDULE- NOVEMBER 1997 November 4 - Informal Session (as regularly scheduled) Formal Session- 2:00 PM November 11 Rescheduled to November 18 Informal Session (as regularly scheduled) Formal Session - 2:00 PM (Planning Items - 2:30 PM) November 25 Informal Session (as regularly scheduled) Formal Session - 6:00 PM (Planning Items - 6:30 PM) 10/24/97BAP AGENDA\I 0-28-97.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) MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 28, 1997 Councilman John A. Baum called to order the CITY MANAGER'S BRIEFING in the Council Conference Room, City Hall Budding, on October 28, 1997, at 2:30 P.M. Counctl Members Present: John A. Baum, Linwood 0 Branch, III, Harold Heischober, Louis R. Jones, Reba S. McClanan,, Nancy K. Parker and Louisa M. Strayhorn . Council Members Absent: Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr William W. Harrison, Jr [WITH PRESIDENT OF CHINA IN WILLIAMSBURG - ENTERED. 3:10 P.M.] [0 UT OF THE CI~ ON BANK B US1NESS] [ENTERED: 2:4.5 P.M.] Barbara M. Henley [ENTERED: 2:35 P.M.] -2- CITY MANAGER'S BRIEFINGS TIDEWATER COMMUNITY COLLEGE/SCHOOLS TECHNOLOGY PROJECT 2:30 P.M.. ITEM # 42729 Dean Block, Director of Management Services, advised on October 13, 1997, the City Council was briefed by the School Superintendent, TCC offcials and other staff regarding a proposed joint Technical and Career Education center to be located on the TCC Campus. The Center would be approximately 137,000 square feet in size, would incorporate TCC programs, City of Virginia Beach Public School technical and career programs of a "high-tech "nature and would include the existing joint city/schools VBTV operation. It was reported the facility wouM cost approximately $23-MILLION to design, construct and furnish. The "local" share was estimated at $13-MILLION. Pending funding approval by the State and City, a schedule was presented indicating that design would be completed in June 1999 and the center would be ready for occupancy two years later. The building would be constructed and owned by TCC. Operations would be shared under an Operating Agreement. The schools' share of operating costs, including additional staffing for enhanced programs, is estimated at $$00,000 - $$$0,000 in the first year of operation. The City Manager, Superintendent and staff have met to review the existing City's and School's CIP for possible modifications. City staff also reviewed other sections. It was concluded that, while opportunities for readjustment may emerge during the upcoming CIP process there are numerous uncertainties a lack of information and inadequate time available to be able to recommend changes now. Some of the items in the Schools' Capital Improvement Program encompass renovations and replacements, many of which cannot be reduced. The Year 2002 actually needs to moved forward to the Year 2001. This will be a challenge in the upcoming CIP to compress that funding; therefore there is no flexibility. New Castle Elementary School is off Elbow Road near the Amphitheater and construction is necessary to comply with the elementary school population requirements. Relocation of Seatack Elementary School has a second phase in 1998-1999. $7.9-MILLION is encompassed in the one project of the Juvenile Detention Facility. The City is hoping to reduce this cost. The City is under-funded in its own buildings, as well as the schools. Options for financtng focused on new sources of funding Charter Bonds: Based on the project schedule, it appears feasible to program charter bonds over a three yearperiod to fund the project. A disadvantage is that it will further reduce Council flexibility to use~charter bonds for other purposes. If bonds were used, the debt service after all bonds are issued would approximate $1.1-MILLIONper year. . Lease of School portion of Center: Under the option, the School system would lease their part of the facility from TCC for a payment equal to debt service. TCC (or the appropriate agency of the State) would issue the debt or otherwise finance the entire building once the debt was retired. The lease would change to $1. OO per year. This option would take advantage of the State's greater debt capacity and AAA rating. The City Attorney has been asked to review this option. The debt service would approximate that of Charter Bonds, perhaps slightly less. Contributions from other public funding sources: While not expected to pay for the entire facility, it may be possible to obtain grants from certain state agencies (e.g. economic development), regional groups, such as the Hampton Roads Partnership, as well as funding a portion of the building through EDIP funds. . Contributions from the private sector: This type of facility and its utility to the private sector offers many opportunities for participation. It is felt that perhaps $2-MILLION would be a reasonable goal in this regard. October 28, 1997 -3- CITY MANAGER'S BRIEFINGS TIDEWATER COMMUNITY COLLEGE/SCHOOLS TECHNOLOGY PROJECT ITEM # 42729 (Continued) It is likely that a final financing plan will combine several of the above options. Funding of the City's share of design costs wouM be in the upcoming capital budget. The ensuing time would be used to continue to see funding from the private sector and other levels of government. For the City's general fund commitment, Option 2 (Lease) is preferred. Regardless of the financing mechanism used for the general fund portion, the City Council wouM commit $1.6-$1.8-MILLION per year of future tax revenue stream growth. These funds will not be available for another use and will crowd out what may be other desirable projects, both now and in the future Mr. Block believes the final plan for financing will be a mixture of sources bringing in both private sector funds and additional non-traditional local funding i.e. CIP, state grants. In reality, the staff believes the majority of the funding will be traditional City sources in one form or another. The City's share of the design costs would be placed in the 1998-1999 Capital Budget and this would not be a large impact The City Manager advised the pursuit of the technological goal for the schools and libraries is part of the Regional Maps project and is more in the order of the wiring, networking and equipment necessary to interconnect all of the schools and libraries in the entire region. Dr. Jenney advised last March TCC had initially submitted a building with classroom space of approximately $0,000 square feet at $7-MILLION. In the subsequent meetings, comprising four months, the concept was developed for 1.$0,000 square foot facility and through all of that discussion escalated the request to $10-MILLION from the State. Originally, there was consideration of an estimate of approximately $3-MILLION from the City required for site work with the original building and $20- MILIJON for the facility. After calculations, the cost was determined to be approximately $23-MILLION ($10-MILLlON from the State)($13-MILLION from the City). Dr. Tim Kerr, Interim President - Tidewater Community College, said the College feels comfortable making the request to the State and is confident of Legislative support in the 1998 General Assembly.. October 28, 1997 -4- CITYMANA GER 'SBRIEFINGS SHORE DRIVE BILLBOARD RENOVATION 2:$$ P.M. ITEM # 42 750 Rob ~rt J. Scott, Director of Planning, referenced issue of Non-conforming signs. At one time aH billboards were legal according to the regulations adopted by the City Council. Since September 1986, when the present sign ordinance was adopted, fifteen (15) plus billboards have been removed from the City and 213 non-conforming signs, of which 8 were billboards, have been removed since May 1992. Since September 1996, the Zoning Division has been instrumental in having thirty-two (32) non-conforming signs removed, of which four (4) were billboards. Presently two (2) billboards are under litigation and should be removed by the Spring of 1998. Mr. Scott distributed a pamphlet entitled "Non-Conforming Signs and Billboards Removed". Said information is hereby made a part of the record. Development is the most potent tool in removal of billboards. There is an existing regulation stating existing billboards must be removed if the property on which they are located is developed. The distributed pamphlet displays photographs of signs removed with before and after photographs. There is a regulation in the zoning ordinance, which indicates billboards are allowed to be reconstructed, provided no more than 50% of original construction cost is ~ended. Mr. Scott referenced the billboard located at 3225 Shore Drive. This particular billboard was constructed in the mid 1960's and it was impossible to determine the cost to initially build this billboard. Through comparisons with other billboards, a cost was estimated to be $6,28~.00. Certification was received from the Attorney representing the property owner that the anticipated improvement costs was $3,000 or less, which is less than 50% of original construction, as delineated in the code. The verification of this cost has not been received from the Attorney. This billboard is expected to have a life expectancy of another one to two years, as this particular piece of property is one of the last pieces of property on Shore Drive to remain undeveloped. The zoning on this site is B-4 (intense commercial). Lattice work has been placed on the bottom of this billboard since the photograph was taken, which has improved the appearance. Assistant City Attorney Macali advised he spoke to the Attorney six days ago and has reminded him since then relative the invoice. He did not believe anyone should worry at the present time about the time elapsed. The City's ordinance is extremely stringent. If the property is developed, the billboard must be removed. The Code reflects there must be a 10,000 square foot minimum lot size for a billboard. There are also setbacks and lot frontage requirements. Therefore, it is commercially impossible to subdivide a portion of the property with a billboard and then build on the remainder. Approximately l O years ago, a detailed study relative amortization was conducted. However, no one in the General Assembly would sponsor this legislation. The previous ordinances relative billboards were distributed to City Council. The possibility of buying the billboard owner's interest might be considered. The City Attorney advised Assistant City Attorney Macali has been in active Htigation relative billboards for ten years. The latest litigation endedjust two weeks ago when another Adams Billboard on Virginia Beach Boulevard was denied by the United States Supreme Court. Robert Scott, Pat Bridges and Bill Macali wouM qualify as" experts" and they are on the City staff They have been in every proceeding imaginable over the last ten years Pat Janezeck, Zoning Administrator, advised an official of Permits and Inspections found deteriorating parts of the Billboard on Shore Drive. City Council believed the City should make a determination themselves relative the repair cost. Mr. Macali advised the State Code states delineates a nonconforming use can remain as long as it has not been discontinued for two years with certain exceptions' (I) if it is enlarged; (2) reconstructed (i.e. burned, structural alterations). There is a state stature which denotes:" any structure which encroaches into, on, or over the public right-of-way". This particular stature governs the signs on Atlantic Avenue. October 28, 1997 -5- CITYMANA GER 'SBRIEFINGS SHORE DRIVE BILLBOARD RENO VA TION ITEM # 42730 Continued) City staff shall determine whether or not they can eliminate the repair provision on the non-conforming billboards and if the billboard can be removed constitutionally. Mr. Macali advised he will require verification on the amounts of both the original cost and the cost to repair the billboard on Shore Drive. The City will attempt to obtain this information independently and will review the Ordinance to determine if further amendment is possible. The City staff shall also investigate eliminating the makeshift signs on cars and trucks in the shopping centers. The Mayor is very concerned these non-conforming signs have a great adverse impact on the aesthetics of our City when the Council and Staff have worked diligently to make Virginia Beach in general a place where people like to visit and where our citizens are proud to live, work, play and raise their families. October 28, 1997 -6- AGENDA RE VIE W SESSION 3:548 P.M. ITEM # 42731 Council Lady McClanan advised she wished to vote a VERBAL NA Y: J. 1. Ordinance to authorize the acquisition of Agricultural Land Preservation Easements (ARP) and the issuance by the City of its contract obligation: a. Margaret Boykin - 169.88 Acres Installment Purchase Agreement No. 1997-17 - $328,464. O0 (P tr~VGO BOROUGH) ITEM # 42 732 Council Lady Parker referenced that this program is working very well in Hampton. J. 3. Ordinance to TRANSFER $94,645 from the FY 1997-1998 Operating Budget Reserve for Contingencies for Youth and Families to the FY 1997- 1998 Operating Budget for the Department of Public Libraries repurchase of materials and equipment for creation of Parent Resource Centers known as F.R.E.D. (Families Reading Every Day) at each Library, the Department of Social Services and an Elementary School. The City Manager concurred and advised a second portion of this item will be scheduled for the last meeting in November with relation to the Youth Opportunities Office, which is a part of the Strategic package presented to City Council last year. The City is doing many of the same activities as Hampton; however, Hampton received national recognition for their efforts. ITEM # 42 733 Councilman Harrison advised of citizen calls relative this item: dsc Ordinances to authorize temporary encroachment: Into a portion of the City's right-of-way known as Donna Drive to The Friends School, Inc., re constructing and maintaining a parking lot (L YNNHA VEN B OR 0 UGH). ITEM # 42734 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: ORD1NANCES/RESOL UTIONS J.l Ordinance to authorize the acquisition of Agricultural Land Preservation Easements (ARP) and the issuance by the City of its contract obligation: a. Margaret Boykin - 169.88 Acres Installment Purchase Agreement No. 1997-17 - $328,464. O0 (P UNGO B OR 0 UGH) October 28, 1997 -7- J. 2 J. 3 ,I. 4 AGENDA RE VIE W SESSION ITEM # 42734 (Continued) Ordinance to AMEND and REORDAIN Section 10-1 of the City Code re ADDING ne~ precincts and changes to polling places and boundary lines: Create four new Precincts: Hilltop, Eastern Shore, Shell and Strawbridge Change four Precinct boundary lines. Alanton, Trantwood, Bayside, and Red Wing Change two Precinct boundary lines and polling locations: Linkhorn and Wolfsnare; and Change three polling locations: Sigma, Point O'View, and Lake Smith Ordinance to TRANSFER $94,645 from the FY 1997-1998 Operating Budget Reserve for Contingencies for Youth and Families to the FY 1997-1998 Operating Budget for the Department of Public Libraries re purchase of materials and equipment for creation of Parent Resource Centers known as F.R.E.D. (Families Reading Every Day) at each Library, the Department of Social Services and an Elementary School. Ordinance to declare 1,163 square feet, plus or minus, as EXCESS PROPERTY on Arctic Avenue at Lake Holly; and, authorize the City Manager dispose of same to James R. and Deborah J. Flanagan (VIRGINL4 BEACH BOROUGH). J. 5 Ordinances to authorize temporary encroachments: Into a portion of the City's right-of-way known as Donna Drive to The Friends School, Inc., re constructing and maintaining a parking lot (LYNNHA VEN BOROUGH). Into a portion of the City's right-of-way known as the West Neck Creek Bridge on Indian River Road to the United States Geological Survey re constructing and maintatning a temporary stream and salinity gage t~~dCrtt).pR1NCESS ANNE/P UNGO BOROUGHS Into a portion of the City's I0' drainage and ufflities easement to Ronald W. and Mavis S. Peacock at 944 General Stuart Drive re constructing and maintaining a wooden bulkhead (LYNNHA YEN BOROUGH). ,I. 6 Resolution to authorize the Director of Finance make payment on lost minibonds, R-2729 and R-2730, valued at $500 each, to the Estate of Florine G. Horay (General Obligation Public Improvement Minibonds, dated May 11, 1991, maturity). J. 7 Resolution of support and funding commitment up to $13-Million for the construction ora joint Tidewater Community College/~rginia Beach City Public Schools Technical and Career Eduction Center; and, urging the Virginia General Assembly to fully support this project and fund it in the 1998-2000 Biennium. J. 8 Resolution to authorize the City Manager execute an agreement re relocation of the joint Virginia TeclffUniversity of Virginia Graduate Center to the Hampton Roads ~4gricultural Research and Extension Center. J. 9 License Refunds in the amount of $$,631.07. *Council Lady McClanan will vote a VERBAL NAY on Item J.l.a. October 28, 1997 I -8- AGENDA RE VIEW SESSION ITEM # 42735 Council Lady McClanan advised she would vote a VERBAL NA Y: K. 1 Application of lBOLYA SCHWAB for a Conditional Use Permit for a home occupation (famil_v day care) on Lot 44, Block B, Windsor Oaks West, Section 1, Part 2 (617 N. Piping Rock Road), containing 9,807 square feet more or less (K~MPS ~qLLE B OR 0 t/aH). ITEM # 42 73 6 Council Lady McClanan referenced: K. 5 Application of WOODSTOCK POINT ASSOC., LLC, for a Conditional Use Permtt for a community boat dock at the Northern extremity of Woodstock Road, containing 5.5 7 acres (KEMPSVILLE BOROUGH). Mr. Scott advised this is not a boat launch area. ITEM # 42 73 7 Council Lady Henley advised the revised version, which was distributed to City Council, should be the one considered as it addresses the concerns of the Sandbridge area. K8a Application of the City of Virginia Beach re City Zoning Ordinance: AMEND Sections 111, 401 and 501 and ADD Section 507 reflex suites in all stngle-family residential zoning distrtcts and provtding safeguards for thetr use. ITEM # 42 738 Council Lady Henley wished discussion relative the term "livestock". Planning Commission had removed this word and she believes thts word should remain wtthin the Ordinance Planning Commission had also recommended thts be a Con&ttonal Use. K8b Application of the City of Virginia Beach re City Zoning Ordinance: AMEND Section 401 re dwelling units in livestock barns tn Agricultural Zoning Districts. ITEM # 42 739 Mayor Oberndorf referenced correspondence from Bill Miller requesting DEFERRAL until the Restaurant Association reviews same with Council Lady McClanan. Council Lady McClanan advised she had met with them Mr. Miller, Duck Inn, requested Council Lady McClanan DEFER.: K8b Application of the City of Virginia Beach re City Zoning Ordinance: AMEND Sections 901 and 1001 re use regulations for eating and drinking establishments. Councdman Harrison requested a DEFERRAL as he could not support this application. October 28, 1997 I -9- AGENDA RE~IEW SESSION ITEM # 42 740 B Y CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: PUBLIC HEARING- PLANNING K. I Application of IBOLYA SCHWAB for a Conditional Use Permit for a home Occupation (family da.v care) on Lot 44, Block B, Windsor Oaks West, Section 1, Part 2 (617 N. Ptping Rock Road), containing 9,80 7 square feet more or less (KEMPS VILLE B OR 0 UGH). K2 Application of BAPTIST EXTENSION BOARD, INC., for a Conditional Use Permtt for a chgrch at the Southwest corner of Independence Boulevard and Round Hill Drive, containing 6.239 acres (KEMPSVILLE BOROUGH). K3 Application of BETHEL CHRISTIAN FELLOWSHIP for a Conditional Use Perm#for a churl~h addition on the North side of Indian River Road, West of New Bridge Road (1814 Indian River Road), containing 1.02 acres (PUNGO BOROUGH). K4 Application of KEMPSVILLE CHURCH OF GOD for a Conditional Use Permit for a church (expansion) on the East side of Princess Anne Road, South of Prowdence Road (4422 Princess Anne Road), containing 4.9147 acres (KEMPSVILLE BOROUGH). K5 Application of WOODSTOCK POINT ASSOC., LLC, for a Conditional Use Permit for a commum_ty boat dock at the Northern extremity of Woodstock Road, containing 5 5 7 acres (KEMPSVILLE BOROUGH). K6 Application of C & C DEVELOPMENT, L.L.C., for a Change of Zoning District Classification from I-I Light Industrial District to Conditional B-2 Communi_tv Business District at the Southeast corner of Princess Anne Road and Newtown Road, containing 2.04 acres (KEMPSVILLE BOROUGH). K7 Application of CH & B ASSOCIATES, L.L.P., THE CAPLAN FAMILY TRUST, THE FLEDER FAMILY TRUST and KYRUS FAMILY L.L.C., for a ~ of Zoning District Classification.from A-12 Apartment District to B-2 Communi~_ Business District on the West side of Windsor Oaks Boulevard beginning at a point 330feet more or less South of Holland Road, containing. 8 acres more or less (KEMPSVILLE BOROUGH). Councd Lady McClanan will VOTE A VERBAL NAY on Item K. I. Counctlman Harrison will ABSTAIN on Item K. 7. October 28, 1997 - 10- CITY COUNCIL CONCERNS 4:10 P.M. ITEM # 42 741 Mayor Oberndo~ Council Members McClanan and Strayhorn referenced call from Mrs. Levine relative the Soccer Complex and the Parking Lot Problem. Counctl Lady Strayhorn referenced the VERBATIM of August 8, 1995, relative the applicatton of the Virginia Beach Soccer Joint Task Force for a Conditional Use Permit for a recreattonal facility and soccer complex. The neighbors were advised they were told there would be a berm behind the parking lot between the residents and the complex. If this was not a condition then, due to disturbances, the neighbors need to be protected with a berm and full size vegetation. There should also be a gate on the back of the parking lot. Mayor Oberndorf advised Mrs. Levine's pool falter, valued at approximately $400, has been cracked by the dirt from the parking lot. City Councd feels there is a responsibility to protect these residents. This complex is located on City Property. .~ Council Lady Parker referenced she t~ad been advised by a citizen, the neighbors were told by Michael Barrett that a berm would be provided. The City Manager will investigate. A berm was not reflected tn the conditions of the application. ITEM # 42742 Council Lady Henley asked the Police Chief about the citizen concerns in Pungo. During the hours from 2'00 ~4.M. to 6. O0 A.M., there is no police coverage. Council Lady Henley received a letter from a resident who delivers newspapers. At 3:15 in the morning, a man tried to block her on the road. It took a very long time for a police officer to arrive Council Lady Henley requested the City Manager consider placing a patrolman in the area of Pungo/Blackwater during these hours. October 28, 1997 I -II- ITEM # 42742 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, October 28, 1997, at 4:20 P.M. Council Members Present: John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker. and Louisa M. $trayhorn ~ Council Members ~4bsent: Vice Mayor William D. $essoms, Jr October 28, 1997 - 12- ITEM # 42743 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Vtrgtnia, 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, disciplining, or resignatton of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (I). To-Wit: Appointments - Boards and Commissions: Board of Building Code Appeals Chesapeake Bay Preservation Area Board Historical Review Board Senior Services of Southeastern Virginia PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acqutsition, or ttse of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an i~tstttution which could affect the value of property owned or destrable for ownership by such institution pursuant to Section 2.1-344(A)(3). To-Wit: Sandbridge Public Easement Agricultural Reserve Program - Blackwater Borough Property in the KEMPSVILLE Borough LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1- 344(A)(7). To- Wit: M & G Associates v. City of Virginia Beach Carolyn Lincoln v. City of Virgima Beach, et al Sandbridge Pubhc Easements Lake Gaston Water Supply Project Upon motton by Councilman Baum, seconded by Council Lady McClanan, City Council voted to proceed into EXECUTIVE SESSION (4:23 P.M.). Voting: 10-0 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 and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor Wdliam D. Sessoms, Jr. October 28, 1997 I - 13- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL October 28, 1997 6:28 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Councd Chamber, City Hall BuiMing, on Tuesday, October 28, 1997, at 6. 28 P.M. Councd Members Present: 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 Absent: Vice Mayor William D. Sessoms, Jr. [0 UT OF THE CITY ON BANK BUSINESS] INVOCATION' The Reverend Terry Clark Emmanuel Lutheran Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA October 28, 1997 - 14- Item V-E. CER TIFICA TION OF EXECUTIVE SESSION ITEM # 42 744 Upon motion by Councilman Baum, seconded by Council Lady Strayhorn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE IYITH 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 convemng the Executtve Se&lion were heard, discussed or considered by Virgima Beach City Council. Voting: 10-0 Council Members Voting Aye: John A Baum, Linwood O. Branch, III, Ivilliam tV. Harrtson, Jr., Harold Heischober, Barbara M. Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and Loutsa M Strayhorn Council Members Voting Nay' None. Council Members Absent: Vice Mayor Ivilliam D. Sessoms, Jr. October 28, 1997 Beso u on 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 # 42743, Page 12, 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, Co) 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. Rfi~h Hodgcs Sr~ith, CMC/AAE City Clerk October 28,1997 -15- Item V-F. 1. MINUTES ITEM # 42 745 Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council/IPPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of October 14, 1997. Voting: 8-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William ~. Harrison, Jr., Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Abstaining: Harold Heischober and Louisa M. Strayhorn Council Members Absent: Vice Mayor William D Sessoms, Jr Council Members Heischober and Strayhorn ABSTAINED as they were not in attendance during the City Council Session of October 14, 1997. October 28, 1997 -16- Item V-G. 1. ADOPT A GENDA FOR FORMAL SESSION ITEM # 42 746 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION October 28, 1997 -17- Item V-L1. PUBLIC HEARING ITEM # 42628 Mayor Oberndorf DECLARED A PUBLIC HEARING: A GRICUL TURAL PRESER VA TION PROGRAM (ARP) There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. October 28, 1997 - 18- Item V-I. 2. PUBLIC HEARING ITEM # 42 748 Mayor Oberndorf DECLARED A PUBLIC HEARING: COMPREHENSIVE PLAN The following registered to speak regarding the Comprehensive Plan: Robert K. Dean, 1204 Shawn Drive, 23456 - Phone: 427-6606 Kevin Dubois, 709 Downing Lane, 23452 - Photte: 486-6735 R J. McGinnis, 968 South Oriole Drive, 23451 - Phone: 422-3548 Betty Savage, 527 Winston-Salem, 23451 - Phone: 422-4101 Reese Lukei, Jr., 1046 Azalea Court, 23452 - Phone: 340-5948 Dan Baxter, 2001 Drumheller Court, 23464 - Phone: 495-7224 Kathy Claey, 2206 Dinwiddie Road, Phone: 460-5897 Steven Yinson, Post Office Box 868, 23451 - Phone: 496-9065 Marie Danner, Sandbridge Road, Phone: 426-0074 James C. Rahman, 829 Five Point Road, Phone: 496-6090 Jane Bloodworth Rowe, 608 Ocean Lakes Drive, Phone: 426-3053 Maxine Graham, 3057 Sandpiper, Phone: 721-3000 There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. Mayor Oberndorf referenced the display in the reception area of the City Council Chamber entitled: "OPTIONS, CHOICES AND CONSEQUENCES'; donated by the Princess Anne Women's Club. Mayor Oberndorf expressed appreciation to the Club for their help in helping make Virginia Beach a safe place to hve, work and play. October 28, 1997 - 19- Item V-K, 1, PUBLIC HEARING ITEM # 42 749 Mayor Oberndorf DECLARED A PUBLIC HEARING: ELECTION DISTI~CTS AND VOTING PLA CES There bezng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING · October 28, 1997 - 20- Item ORDINANCES/RES OL UTIONS ITEM # 42 750 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council APPROVED BY CONSENT IN ONE MOTION Ordinances/Resolutions 1, 2, 3, 4, 5 a/b/d, 6, 7, 8 and 9 Item $c. was voted upon separately. Voting: 10-0 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 and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent. Vice Mayor William D. Sessoms, Jr. Council Lady McClanan voted a VERBAL NAY on Item J. 1. October 28, 1997 - 21 - Item V-L. 1 ORDINANCES/RESOLUTIONS ITEM # 42 751 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize the acquisition of Agricultural Land Preservation Easements (ARP) and the issuance by the City of its contract obligation' Margaret Boykin 169. 88 Acres Installment Purchase Agreement No. 1997-17 - $328,464. O0 (POTVGO BOROUGH) Voting: 9-1 (By Consent) Council Members Vottng Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: Reba S. McClanan Council Members Absent: Vice Mayor Wilham D. Sessoms, Jr. October 28, 1997 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN AGRICULTURAL LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $328,464 WHEREAS, pursuant to the Agricultural Lands Preservation 6 Ordinance (the "Ordinance"), Appendix J of the Code of the City of 7 Virginia Beach, there has been presented to the City Council for 8 approval an Installment Purchase Agreement for the acquisition of 9 the Development Rights (as defined in the Installment Purchase 10 Agreement, a true copy of which is hereto affixed) on certain 11 property located in the City and more fully described in Exhibit B 12 of the Installment Purchase Agreement for a purchase price of 13 $328,464; and 14 WHEREAS, the aforesaid Development Rights shall be acquired 15 through the acquisition of a perpetual agricultural land 16 preservation easement, as defined in, and in compliance with, the 17 requirements of the Ordinance; and 18 WHEREAS, the City Council has reviewed the proposed terms and 19 conditions of the purchase as evidenced by the Installment Purchase 20 Agreement; 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 1. The City Council hereby determines and finds that the 24 proposed terms and conditions of the purchase of the Development 25 Rights pursuant to the Installment Purchase Agreement, including 26 the purchase price and manner of payment, are fair and reasonable 27 and in furtherance of the purposes of the Ordinance, and the City 28 Manager is hereby authorized to approve, upon or before the 29 execution and delivery of the Installment Purchase Agreement, the 30 rate of interest to accrue on the unpaid principal balance of the 31 purchase price set forth hereinabove as the greater of 5.75% per 32 annum or the per annum rate which is equal to the yield on United 33 States Treasury STRIPS purchased by the City to fund such unpaid 34 principal balance; provided, however, that such rate of interest 35 shall not exceed 7.50% unless the approval of the City Council by 36 resolution duly adopted is first obtained. 37 2. The City Council hereby further determines that funding 38 is available for the acquisition of the Development Rights pursuant 39 to the Installment Purchase Agreement on the terms and conditions 40 set forth therein. 41 3. The City Council hereby expressly approves the 42 Installment Purchase Agreement in the form and substance presented 43 at this meeting and, subject to the determination of the City 44 Attorney that there are no defects in title to the property or 45 other restrictions or encumbrances thereon which may, in the 46 opinion of the City Attorney, adversely affect the City's 47 interests, authorizes the City Manager to execute and deliver the 48 Installment Purchase Agreement in substantially the same form and 49 substance as presented at this meeting with such minor 50 modifications, insertions, completions or omissions which do not 51 materially alter the purchase price or manner of payment, as the 52 City Manager shall approve. The City Council further directs the 53 City Clerk to affix the seal of the City to, and attest same on, 54 the Installment Purchase Agreement. The City Council expressly 55 authorizes the incurrence of the indebtedness represented by the 56 issuance and delivery of the Installment Purchase Agreement. 57 4. The City Council hereby elects to issue the indebtedness 58 under the Charter of the City rather than pursuant to the Public 59 Finance Act of 1991 and hereby constitutes the indebtedness a 60 contractual obligation bearing the full faith and credit of the 61 City. 62 63 Adopted by the Council of the City of Virginia Beach, Virginia, on this 28 day of October , 19. . 64 65 66 Adoption requires an affirmative vote of a majority of all members of the City Council. 67 68 69 70 CA-97-6794 wmm\ arp\purchase \boykin\ acqui s. orn September 25, 1997 R-1 71 72 73 74 APPROVED AS TO CONTENT: ture epartment APPROVED AS TO LEGAL Law Department 75 76 77 CERTIFIED AS TO AVAILABILITY OF FUNDS: J Director of Finance MARGARET BOYKIN the "Seller" and CITY OF VIRGINIA BEACH, VIRGINIA the "City" INSTALLMENT PURCHASE AGREEMENT (Agreement No. 1997-17) TABLE OF CONTENTS (This Table of Contents is not part of the Installment Purchase Agreement and is only for convenience of reference) ~;ection Page RECITALS ........................................................... 1 AGREEMENTS ........................................................ 1 ARTICLE 1 DEFINITIONS SECTION 1.1 SECTION 1.2 Definitions ............................................. 1 Rules of Construction .................................... 4 ARTICLE 2 SALE AND PURCHASE OF DEVELOPMENT RIGHTS SECTION 2.1 SECTION 2.2 Agreement to Sell and Purchase Development Rights ........... 4 Delivery of Deed of Easement .............................. 4 ARTICLE 3 PAYMENT OF PURCHASE PRICE SECTION 3.1 SECTION 3.2 SECTION 3.3 Payment of Purchase Price ................................. 5 Registration and Transfer of this Agreement ................... 5 Mutilated, Lost, Stolen or Destroyed Agreement ............... 7 ARTICLE 4 REPRESENTATIONS AND WARRANTIES SECTION 4.1 SECTION 4.2 Representations and Warranties of the City .................... 7 Representations and Warranties of the Seller .................. 8 Section ARTICLE 5 PROVISIONS RELATING TO EXCLUSION OF INTEREST FROM INCOME FOR FEDERAL INCOME TAXATION SECTION 5.1 SECTION 5.2 Intent of City and Tax Covenant of City ...................... 9 Acknowledgment of Seller with Regard to Tax Consequences of Transaction ............................... 9 ARTICLE 6 THE REGISTRAR SECTION 6.1 SECTION 6.2 SECTION 6.3 SECTION 6.4 SECTION 6.5 Appointment of Registrar ................................. 9 Ownership of Agreement .................................. 9 Removal of Registrar and Appointment of Successor Registrar ..................................... 10 Qualifications of Successor Registrar ....................... 10 Successor by Merger or Consolidation ...................... 10 ARTICLE 7 MISCELLANEOUS SECTION 7.1 SECTION 7.2 SECTION 7.3 SECTION 7.4 SECTION 7.5 SECTION 7.6 SECTION 7.7 SECTION 7.8 SECTION 7.9 SECTION 7.10 Successors of City ...................................... 10 Parties in Interest ....................................... 10 Binding Effect ......................................... 11 Severability ........................................... 11 Prior Agreements Cancelled; No Merger ..................... 11 Amendments, Changes and Modifications ................... 11 No Personal Liability of City Officials ...................... 11 Governing Law ........................................ 11 Notices ............................................... 11 Holidays .............................................. 12 Signatures and Seals .................................................... 12 EXHIBIT A- EXH~IT B - EXHIBIT C- EXHIBIT D - EXHIBIT E- Form of Deed of Easement Description of Land Permitted Encumbrances Form of Assignment Transfer of Agreement - Schedule of Transferees iii INSTALLMENT PURCHASE AGREEMENT (Agreement No. 1997-17) THIS INSTALLMENT PURCHASE AGREEMENT (this "Agreement") is made as of the ~ day of ,199_ between MARGARET BOYKIN (the "Seller") and CITY OF VIRGINIA BEACH, VIRGINIA, a body politic and corporate of the Commonwealth of Virginia (the "City"). RECITALS A. Pursuant to the authority granted by the Open-Space Land Act, Chapter 17, Title 10.1 of the Code of Virginia of 1950, as amended (the "Act"), the City adopted the Ordinance (hereinafter defined in Section 1.1) to promote and encourage the preservation of agricultural land in designated areas within the southern portion of the City. B. In furtherance of the purposes of the Act and the Ordinance, the City has established the Agricultural Reserve Program of the City which provides for the acqmsition of Development Rights (hereinaRer defined in Section 1.1) through the purchase of agricultural land preservation easements with respect to property located in the portions of the City covered by the Ordinance. C. The Seller is the owner in fee simple of Land (hereinafter defined in Section 1.1) which is located in that portion of the City subject to the Ordinance and meets the eligibility criteria of Section 7 of the Ordinance. D. The Seller has agreed to sell, and the City has agreed to purchase, Seller's Development Rights in the Land on and subject to the terms and conditions hereinafter set forth. AGREEMENTS NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, the Seller and the City hereby agree as follows: ARTICLE 1 DEFINITIONS SECTION 1.1 Definitions. As used in this Agreement, the following terms have the following meanings, unless the context clearly indicates a different meaning: "Agricultural Use" means (i) the bona fide production of crops, animal or fowl, including, but not limited to, the production of fruits, vegetables, honey, grains, meat, poultry and dairy products, the raising of livestock and poultry, and the production and harvest of products from horticultural, silvicultural or aquacultural activity, (ii) the repair, expansion or replacement of no more than one (1) bona fide dwelling occupied by the landowner or tenant as of the date of application for entry in the Agricultural Reserve Program and no more than one freestanding mobile home, as permitted by Section 19-19 of the Virginia Beach City Code, and (iii) accessory uses directly related to agricultural activities conducted on the same property, including the sale of agricultural products as permitted by Section 401 of the Virginia Beach City Zoning Ordinance. The term does not include the processing of agricultural, silvicultural, horticultural or aquaculmral products, except as an accessory use. "Business Day" or "business day" means a day on which (a) banks located in the City and in the city in which the principal office of the Registrar is located are not required or authorized by law or executive order to close for business, and (b) The New York Stock Exchange is not closed. "City" means the City of Virginia Beach, Virginia, a body politic and corporate and a political subdivision created and existing under and by virtue of the Constitution and laws of the State, its successors and assigns. "City Council" means the Council of the City. "City Manager" means the City Manager of the City. "Code" means the Internal Revenue Code of 1986, as amended. Each reference to the Code herein shall be deemed to include the United States Treasury Regulations in effect or proposed from time to time with respect thereto. "Deed of Easement" means the Deed of Easement of even date herewith from the Seller to the City, which shall convey the Development Rights to the City in perpetuity. The Deed of Easement shall be substantially in the form attached hereto as Exhibit A and made a part hereof. "Development Rights" mean the fights of the Seller in the Land to develop the Land for any use other than an Agricultural Use. Development Rights shall include, but not be limited to, the fight to develop the Land for any commercial, industrial or residential use except as expressly permitted by the Ordinance. "Enabling Legislation" means, collectively, (1) the Open Space Land Act, Chapter 17 of Title 10.1 of the Code of Virginia of 1950, as amended, and (2) the Ordinance. "Estate Settlement Transfer" means the transfer by the legal representative of the estate of a deceased Seller of such Seller's rights in and to this Agreement in connection with the distribution of the deceased Seller's estate or other settlement of such decedent Seller's estate. "Interest Payment Date" means June 1 and December 1 in each year, commencing ., 199_. "Land" means the tract or tracts of land located in Virginia Beach, Virginia, containing approximately 166.88 acres, and more particularly described in Exhibit B attached hereto and made a part hereof. "Ordinance" means the Agricultural Lands Preservation Ordinance adopted by the City Council on May 9, 1995, as Appendix J to the City Code, as the same may be amended or modified from time to time. "Permitted Encumbrances" mean the encumbrances listed on Exhibit C attached hereto and made a part hereof and any encumbrances on or with respect to the Land or any portion thereof hereafter approved, in writing, by the City. "Person" or "person" means any natural person, firm, association, corporation, company, trust, partnership, public body or other entity. "Purchase Price" means $328,464, the purchase price to be paid by the City to the Registered Owner in accordance with this Agreement. "Record Date" means the fifteenth (15th) day (whether or not a Business Day) of the calendar month immediately preceding each Interest Payment Date and the principal payment date. "Registered Owner" means the registered owner of this Agreement as shown on the registration books maintained by the Registrar. "Registrar" means First Union National Bank of Virginia or any other person hereafter appointed by the City to act as Registrar and paying agent for this Agreement. "Seller" means Margaret Boykin. "State" means the Commonwealth of Virginia. SECTION 1.2 Rules of Construction. (a) The words "hereof," "herein," "hereunder," "hereto," and other words of similar import refer to this Agreement in its entirety. (b) The terms "agree" and "agreements" contained herein are intended to include and mean "covenant" and "covenants." (c) References to Articles, Sections, and other subdivisions of this Agreement are to the designated Articles, Sections, and other subdivisions of this Agreement. (d) The headings of this Agreement are for convenience only and shall not define or limit the provisions hereof. (e) All references made (i) in the neuter, masculine or feminine gender shall be deemed to have been made in all such genders, and (ii) in the singular or plural number shall be deemed to have been made, respectively, in the plural or singular number as well. ARTICLE 2 SALE AND PURCHASE OF DEVELOPMENT RIGHTS SECTION 2.1 Am'cement to Sell and Purchase Develooment Rights. The Seller agrees to sell the Development Rights in the Land to the City and the City agrees to purchase the Development Rights in the Land from the Seller on the date hereof for the Purchase Price. SECTION 2.2 Delivery of Deed of Easement. In order to evidence the sale of the Development Rights to the City, the Seller shall execute and deliver to the City on the date hereof the Deed of Easement in the form attached hereto as Exhibit A and made a part hereof. The Deed of Easement shall be recorded in the Clerk's Office of the Circuit Court of the City. ARTICLE 3 PAYMENT OF PURCHASE PRICE SECTION 3.1 ?ayment of Purchase Price. (a) The City shall pay the principal portion of the Purchase Price to the Registered Owner in a single installment on ,202_ [25-year maturity date]. The Purchase Price is $328,464. (b) Interest on the unpaid principal balance of the Purchase Price shall accrue from the date of recordation of the Deed of Easement and shall be payable to the Registered Owner on , 199_, and semiannually thereaRer on June 1 and December 1 in each year to and including ,202_, at the rate of % per annum. Interest shall be calculated on the basis of a 360-day year of twelve 30-day months. (c) Both the single installment of principal of the Purchase Price and the interest on the unpaid balance thereof are payable in lawful money of the United States of America at the time of payment. (d) Payment of interest on the unpaid balance of the Purchase Price shall be made by the City on each Interest Payment Date to the Registrar. The Registrar shall forward all such interest payments by check or ch'aR mailed to the person(s) appearing on the registration books of the City maintained by the Registrar as the Registered Owner on the Record Date, at the address of such Registered Owner as it appears on such registration books. The single installment of principal of the Purchase Price shall be paid on the principal payment date set forth in Subsection (a) above by the Registrar to the Registered Owner as of the Record Date upon presentation and surrender of this Agreement at the office of the Registrar. (e) The City's obligation to pay the Purchase Price hereunder and to pay interest on the unpaid balance of the Purchase Price is a general obligation of the City, and the full faith and credit and the unlimited taxing power of the City are irrevocably pledged to the punctual payment of the Purchase Price and the interest on the unpaid principal balance of the Purchase Price as and when the same respectively become due and payable. SECTION 3.2 Registration and Transfer of this A~eement. (a) Until the Purchase Price and all interest thereon have been paid in full, the City shall maintain and keep at the offices of the Registrar, registration books for the registration and transfer of this Agreement; and upon presentation of this Agreement for such purpose at the offices of the Registrar, the Registrar shall register or cause to be registered on such registration books, and permit to be transferred thereon, under such reasonable regulations as the City or the Registrar may prescribe, the ownership of' this Agreement. The Registrar, however, shall not be required to make any such registration and transfer during the period from the Record Date to the next succeeding Interest Payment Date or final principal payment date. (b) Except for an Estate Settlement Transfer, this Agreement may not be transferred by the Registered Owner prior to the expiration of a one (1) year period from the date this Agreement has been fully executed, delivered and become effective, and any such attempted transfer shall be null and void. The Registrar shall be instructed not to make any such transfers (other than an Estate Settlement Transfer) on its registration books kept for the purpose of registering the transfer of this Agreement prior to the expiration of said one (1) year period. (c) The Seller is the original Registered Owner. This Agreement shall be transferable only upon the books of the City maintained for such purpose by the Registrar, at the written request of the Registered Owner as then shown on such registration books or his attorney duly authorized in writing, upon presentation and surrender of this Agreement, together with a written insmmaent of transfer substantially in the form attached hereto as Exhibit D, or as may otherwise be satisfactory to and approved by the Registrar in writing, duly executed by the Registered Owner or his attorney duly authorized in writing. Upon the surrender for transfer of this Agreement, the Registrar shall complete the Schedule of Transferees attached hereto as Exhibit E with the name, address and tax identification number of' the transferee Registered Owner, and the date of the transfer; provided, however, that if there is any conflict between the information set forth in Exhibit E hereto and the registration books maintained by the Registrar, the information shown on such registration books shall control. The City and the Registrar may deem and treat the person in whose name this Agreement is registered upon the books of the City maintained by the Registrar as the absolute owner of this Agreement, whether any payments hereunder shall be overdue or not, for the purpose of receiving payment of, or on account of, the Purchase Price and interest thereon and for all other purposes, and all such payments so made to any such Registered Owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon this Agreement to the extent of the sum or stuns so paid, and neither the City nor the Registrar shall be affected by any notice to the contrary. For every registration of transfer of this Agreement, the City or the Registrar may make a charge sufficient to reimburse themselves for any tax or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such transfer as a condition precedent to the exercise of the privilege of registering such transfer. SECTION 3.3 Mutilated. Lost. Stolen or Destroyed Am'cement. In the event that this -- Agreement is mutilated, lost, stolen or destroyed, the City and the Registered Owner (as then shown on the registration books maintained by the Registrar) shall execute and deliver a substitute agreement having the same terms and provisions as the mutilated, lost, stolen or destroyed Agreement; provided that, in the case of any mutilated Agreement, such mutilated Agreement shall first be surrendered to the Registrar, and, in the case of any lost, stolen or destroyed Agreement there shall be first furnished to the City and the Registrar evidence of such loss, theft or destruction satisfactory to the City and the Registrar, together with indemnity satisfactory to each of them in their sole discretion. The City and the Registrar may charge the Registered Owner requesting such new Agreement their expenses and reasonable fees, if any, in this connection. If after the delivery of such substitute Agreement, a bona fide purchaser of the original Agreement (in lieu of which such substitute Agreement was issued) presents for payment such original Agreement, the City and the Registrar shall be entitled to recover such substitute Agreement from the person to whom it was delivered or any other person who receives delivery thereof, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor or otherwise to the extent of any loss, damage, cost or expense incurred by the City and the Registrar in connection therewith. ARTICLE 4 REPRESENTATIONS AND WARRANTIES SECTION 4.1 Representations and Warranties of the City. following representations and warranties: The City makes the the State. (a) The City is a body politic and corporate and a political subdivision of (b) The City has the necessary power and authority to acquire the Development Rights, to enter into this Agreement, to perform and observe the covenants and agreements on its part contained in this Agreement and to carry out and consummate all transactions contemplated hereby. By proper action, the City has duly authorized the execution and delivery of this Agreement. (c) This Agreement has been duly and properly authorized, executed, sealed and delivered by the City, constitutes the valid and legally binding obligation of the City, and is enforceable against the City in accordance with its terms. (d) There are no proceedings pending or, to the knowledge of the City, threatened before any court or administrative agency which may affect the authority of the City to enter into this Agreement. SECTION 4.2 Representations and Warranties of the Seller. The Seller makes the following representations and warranties: (a) The Seller has full power and authority to execute and deliver this Agreement and the Deed of Easement, and to incur and perform the obligations provided for herein and therein. No consent or approval of any person or public authority or regulatory body is required as a condition to the validity or enforceability of this Agreement or the Deed of Easement, or, if required, the same has been duly obtained. (b) This Agreement and the Deed of Easement have been duly and properly executed by the Seller, constitute valid and legally binding obligations of the Seller, and are fully enforceable against the Seller in accordance with their respective terms. (c) There is no litigation or proceeding pending or, so far as the Seller knows, threatened before any court or administrative agency which, in the opinion of the Seller, will materially adversely affect the authority of the Seller to enter into, or the validity or enforceability of, this Agreement or the Deed of Easement. (d) There is (i) no provision of any existing mortgage, indenture, contract or agreement binding on the Seller or affecting the Land, and (ii) to the knowledge of the Seller, no provision of law or order of court binding upon the Seller or affecting the Land, which would conflict with or in any way prevent the execution, delivery, or performance of the terms of this Agreement or the Deed of Easement, or which would be in default or violated as a result of such execution, delivery or performance, or for which adequate consents, waivers or, if necessary, releases or subordinations, have not been obtained. (e) There exist no liens, security interests or other encumbrances on or with respect to the Land (other than Permitted Encumbrances), and at the time of execution and delivery of the Deed of Easement there will be no liens, security interests or other encumbrances of the Development Rights to be conveyed thereby. (f) The Seller is not a nonresident alien of the United States of America for purposes of federal income taxation. (g) The Social Security Number(s) of the Seller is 225-58-2519. The representations in subsections (f) and (g) above are made under penalties of perjury and the information contained therein may be disclosed by the City to the Internal Revenue Service. The Seller acknowledges that any false statement in such subsections could be punished by fine, imprisonment or both. (h) To the best of the knowledge, information and belief of the Seller, the Land has not been used for the manufacture, storage, treatment, disposal or release of any hazardous waste or substance. ARTICLE 5 PROVISIONS RELATING TO EXCLUSION OF INTEREST FROM INCOME FOR FEDERAL INCOME TAXATION SECTION 5.1 Intent of City and Tax Covenant of City. The City intends that the interest payable under this Agreement shall not be includable in the gross income of the Registered Owner for purposes of federal income taxation pursuant to Section 103 of the Code. Accordingly, the City shall not knowingly take or permit to be taken any other action or actions or omit or fail to take any action, which would cause this Agreement to be an "arbitrage bond" within the meaning of Section 148 of the Code, or which would otherwise cause interest payable under this Agreement to become includable in the gross income of any Registered Owner for purposes of federal income taxation. SECTION 5.2 Acknowled_m~nent of S,11er with Regard to Tax Consequences of Transaction. The Seller has received an opinion from Kaufman & Canoles, P.C., Bond Counsel, dated the date hereof, to the effect that under existing laws, regulations, rulings and decisions, interest payable under this Agreement is not includable in the gross income of the Seller for federal income tax purposes, which opinion assumes continuous compliance with certain covenants in the Tax Certificate and Compliance Agreement to be executed and delivered by the City on the date of delivery of this Agreement and is otherwise limited in accordance with its terms. The Seller acknowledges that Seller has made Seller's own independent investigation and has consulted with such attorneys, accountants and others as the Seller shall have selected in the Seller's sole discretion to advise the Seller with respect to all other tax considerations related to the transaction contemplated hereby (including, but not limited to, installment sales treatment under Section 453 of the Code, charitable contribution deductions under Section 170 of the Code, and federal estate tax implications); and the Seller certifies that the Seller has not looked to or relied upon the City or any of its officials, agents or employees, or to Bond Counsel, with respect to any of such matters. ARTICLE 6 THE REGISTRAR SECTION 6.1 Appointment of Registrar. First Union National Bank of Virginia is hereby designated and appointed to act as Registrar for this Agreement. SECTION 6.2 Ownership of A~eemen~. The Registrar, in its individual capacity or as trustee for holders of participation interests in this Agreement, may in good faith buy, sell, own and hold this Agreement, and may join in any action which any Registered owner may be entitled to take with like effect as if it did not act as Registrar hereunder. The Registrar, in its individual capacity, either as principal or agent, may also engage, or have an interest, in any financial or other transaction with the City, and may act as depository, trustee or agent for other obligations of the City as freely as if it did not act in any capacity hereunder. SECTION 6.3 Removal of Reo~trar and Appointment of Successor Registrar. The City shall have the fight, subject to the terms of any agreement with the Registrar, to remove the Registrar any time by filing with such Registrar to be removed, and with the Registered Owner, an instrument in writing. Notwithstanding the foregoing, such removal shall not be effective until a successor Registrar has assumed the Registrar's duties hereunder. The City shall have the sole right to select a successor Registrar. SECTION 6.4 Qualifications of Successor Registrar. Any successor Registrar shall be either (a) the Department of Finance of the City, (b) an officer or employee of the City, or (c) a bank, trust company or other financial institution duly organized under the laws of the United States or any state or territory thereof which is authorized by law and permitted under the laws of the State to perform all the duties imposed upon it as Registrar by this Agreement. SECTION 6.5 Successor by Merger or Consolidation. If the Registrar is a bank, trust company or other financial institution, any institution or corporation into which the Registrar hereunder may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Registrar hereunder shall be a party or any institution or corporation succeeding to the corporate trust business (if any) of the Registrar, shall be the successor Registrar under this Agreement, without the execution or filing of any paper or any further act on the part of the parties hereto, anything in this Agreement to the contrary notwithstanding. ARTICLE 7 MISCELLANEOUS SECTION 7.1 Successors of City. In the event of the dissolution of the City, all the covenants, stipulations, promises and agreements in this Agreement contained, by or on behalf of, or for the benefit of, the City, the Seller, any other Registered Owner and the Registrar, shall bind or inure to the benefit of the successors of the City fi'om time to time and any entity, officer, board, commission, agency or instrumentality to whom or to which any power or duty of the City shall be transferred. SECTION 7.2 Parties in Interest. Except as herein otherwise specifically provided, nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person, firm or corporation, other than the City, the Seller, any other Registered Owner and the Registrar, any right, remedy or claim under or by reason of this Agreement, this Agreement being intended to be for the sole and exclusive benefit of the City, the Seller, any other Registered Owner from time to time of this Agreement and the Registrar. 10 SECTION 7.3 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns, including, without limitation, all Registered Owners fi.om time to time of this Agreement. SECTION 7.4 Sev~rabili~. In case any one or more of the provisions of this Agreement shall, for any reason, be held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions of this Agreement and this Agreement shall be construed and enforced as if such illegal or invalid provisions had not been contained herein or therein. SECTION 7.5 Prior A_m'eements Cancelled: No Merger. This Agreement shall completely and fully supersede all other prior agreements, both written and oral, between the City and the Seller relating to the acquisition of the Development Rights. Neither the City nor the Seller shall hereafter have any rights under such prior agreements but shall look solely to this Agreement and the Deed of Easement for definitions and determination of all of their respective rights, liabilities and responsibilities relating to the Land, the Development Rights and the payment for the Development Rights. In addition, this Agreement shall survive the execution and recording of the Deed of Easement in all respects and shall not be merged therein. SECTION 7.6 Amendments. Changes and Modifications. This Agreement may not be amended, changed, modified, altered or terminated except by an agreement in writing between the City and the then Registered Owner. An executed counterpart of any such amendment shall be attached to this Agreement and shall be binding upon such Registered Owner and all successor Registered Owners. SECTION 7.7 No Personal Liability of City Officials. No covenant or agreement contained in this Agreement shall be deemed to be the covenant or agreement of any official, officer, agent or employee of the City in his or her individual capacity, and neither the officers or employees of the City nor any official executing this Agreement shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the issuance thereof. SECTION 7.8 Governing Law. The laws of the State shall govern the construction and enforcement of this Agreement. SECTION 7.9 Notices. Except as otherwise provided in this Agreement, all notices, demands, requests, consents, approvals, certificates or other communications required under this Agreement to be in writing shall be sufficiently given and shall be deemed to have been properly given three Business Days after the same is mailed by certified mail, postage prepaid, remm receipt requested, addressed to the person to whom any such notice, demand, request, approval, certificate or other communication is to be given, at the address for such person designated below: 11 City: City Manager Municipal Center Virginia Beach, VA 23456 with a copy to: City Attorney Municipal Center Virginia Beach, VA 23456 Seller: Margaret Boykin 101 Driftwood Drive Elizabeth City, North Carolina 27909 Registrar: First Union National Bank of Virginia Corporate Trust Department 2nd Floor 901 East Cary Street Richmond, Virginia 23219 Any of the foregoing may, by notice given hereunder to each of the others, designate any further or different addresses to which subsequent notices, demands, requests, consents, approvals, certificates or other communications shall be sent hereunder. SECTION 7.10 Holida_vs. If the date for making any payment or the last date for performance of any act or the exercising of any right, as provided in this Agreement, shall not be a Business Day, such payment may, unless otherwise provided in this Agreement, be made or act performed or right exercised on the next succeeding Business Day with the same force and effect as if done on the nominal date provided in this Agreement, and in the ease of payment no interest shall accrue for the period after such nominal date. WITNESS the signatures and seals of the parties hereto as of the date first above written. CITY: [CITY'S SEAL] CITY OF VIRGINIA BEACH, VIRGINIA ATTEST: By: James K. Spore, City Manager City Clerk 12 SELLER: .(SEAL) .(SEAL) Approved as to Legal Sufficiency: Approved as to Sufficiency of Funds: Deputy City Attorney Director, Department of Finance COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: The foregoing instrument was acknowledged before me in the City of Virginia Beach, Virginia, this ~ day of ,19 , by James K. Spore, City Manager of the City of Virginia Beach, Virginia, and attested to by , City Clerk of the City of Virginia Beach, Virginia, on its behalf. (SEAL) My Commission Expires: Notary Public 13 COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: Beach, The foregoing instrument was acknowledged before me in the City of Virginia Virginia, this day of , 19 ., by Notary Public (SEAL) My Commission Expires: COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: Beach, The foregoing instrument was acknowledged before me in the City of Virginia Virginia, this day of ., 19 , by Notary Public (SnAL) My Commission Expires: 14 EXHIBIT A FORM OF DEED OF EASEMENT [SEE ATTACHED] 15 Thts Instrument was prepared by Virglnia Beach City Attorney's Office Exhibit A Exemption Claimed: § 58.1-811(A)(3) § 58.1-811(c)(4) DEED OF EASEMENT THIS DEED OF EASEMENT is made this day of ,1997, by and between MARGARET W. BOYKIN f/k/a MARGARET W. CHAPLAIN and , her husband (collectively, the "Grantor"), and CITY OF VIRGINIA BEACH, VIRGINIA, a body politic and corporate of the Commonwealth of Virginia (the "City") whose address is Municipal Center, Virginia Beach, Virginia 23456, Grantee. RECITALS WHEREAS, pursuant to the authority granted by the Open-Space Land Act, Chapter 17, Title 10.1 of the Code of Virginia of 1950, as amended (the "Act"), the City adopted the Agricultural Lands Preservation Ordinance (the "Ordinance") as Appendix J to the Code of the City of Virginia Beach, Virginia, as amended (the "City Code"), to promote and encourage the preservation of agricultural land in designated areas within the southem portion of the City; and WHEREAS, in furtherance of the purposes of the Act and the Ordinance, thc City has established the Agricultural Reserve Program of the City which provides for the acquisition of development fights through the purchase of agricultural land preservation easements with respect to property located in the portions of the City covered by the Ordinance; and WHEREAS, the Grantor is the owner in fee simple of certain agricultural real property located in the City and more particularly described in Exhibit A hereto (the "Land"); and WHEREAS, the Land is located in that portion of the City subject to the Ordinance and meets the eligibility criteria of Section 7 of the Ordinance; and WHEREAS, the Grantor has agreed to sell to the City the Grantor's Development Rights (hereinafter defined) in the Land by executing and delivering this Deed of Easement and thereby restrict the use of the Land as described herein; and GPIN 2410-10-4078 WHEREAS, the City has agreed to purchase the Grantor's Development Rights in the Land to fulfill the policy and purposes of the City as set forth in the Act and the Ordinance; and WHEREAS, the transfer by the Grantor of the Development Rights in the Land shall be in perpetuity; and WHEREAS, in order to provide for the payment of the purchase price for the rights in the Land created hereby, the Grantor and the City have entered into an Installment Purchase Agreement of even date herewith (the "Installment Purchase Agreement"); GRANT NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS ($10.00), the covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor, for Grantor, Grantor's heirs, personal representatives, devisees, successors and assigns, and for any subsequent owner of the Land does hereby grant and convey, with general warranty and English covenants of title, unto the City, and its successors and assigns, forever and in perpetuity, an agricultural land preservation easement in, on, over and with respect to the Land restricting the Land to Agricultural Use and in furtherance thereof, does hereby grant and convey, with general warranty and English covenants of title, to the City, and its successors and assigns, forever and in perpetuity, all of the Development Rights with respect to the Land. TERMS. COVENANTS. CONDITIONS AND AGREEMENTS A. The Grantor for Grantor, Grantor's heirs, personal representatives, devisees, successors and assigns covenants with the City, (1) to refrain from engaging in any act or activity, or permitting to occur or suffering to exist any act or activity upon the Land which would constitute the exercise of a Development Right or a use other than an Agricultural Use, it being the intention of the parties that the Land shall be preserved for Agricultural Use in accordance with the provisions of the Ordinance; and (2) that this Deed of Easement shall create a perpetual easement, running with the Land and all portions thereof as an incorporeal and nonpossessory interest therein, enforceable against the Grantor and upon any purchaser, grantee, lessee, owner or other transferee of all or any portion of the Land and any other person or entity having any right, title or interest therein and upon their respective heirs, personal representatives, devisees, successors and assigns; and (3) that the covenants, conditions, limitations and restrictions contained herein are intended to limit the use of the Land as herein set forth. B. The parties, for themselves, their heirs, personal representatives, devisees, successors and assigns, further covenant and agree as follows: (1) As used in this Deed of Easement the term "Development Rights" shall mean the right to develop the Land for any use, including without limitation, any commercial, industrial or residential use, other than for Agricultural Use. (2) As used in this Deed of Easement the term "Agricultural Use" means (i) the bona fide production of crops, animal or fowl, including, but not limited to, the production of fruits, vegetables, honey, grains, meat, poultry and dairy products, the raising of livestock and poultry, and the production and harvest of products from horticultural, silvicultural or aquacultural activity, (ii) the repair, expansion or replacement of no more than one (1) bona fide dwelling occupied by the landowner or tenant as of the date of application for entry in the Agricultural Reserve Program and no more than one freestanding mobile home, as permitted by Section 19-19 of the City Code, and (iii) accessory uses directly related to agricultural activities conducted on the same property, including the sale of agricultural products as permitted by Section 401 of the City Zoning Ordinance. The term does not include the processing of agricultural, silvicultural, horticultural or aquacultural products, except as an accessory use. (3) This Deed of Easement does not grant the public any fight of entry or access or any fights of use of the Land. (4) THIS EASEMENT SHALL EXIST IN PERPETUITY AND RUN WITH THE ENTIRE ACREAGE OF THE LAND. (5) The purpose of this Deed of Easement shall be to (i) promote and encourage the preservation of farmland, and promote and enhance agriculture as an important industry within the City, (ii) preserve the rural character of the southern part of the City, (iii) conserve and protect environmentally sensitive lands, waters and other resources, (iv) reduce and defer the need for major infrastructure improvements in the southern part of the City and the expenditure of public funds for such improvements, (v) preserve open spaces, and (vi) assist in shaping the character, direction and timing of community development. (6) In the event of a violation or attempted violation of any of the provisions hereof, the City and its successors and assigns, may institute and prosecute any proceeding at law or in equity to enforce the provisions hereof or to abate, prevent or enjoin any such violation or attempted violation. WITNESS, the hand and seal of the Grantor as of the date first above written. Anything herein to the contrary notwithstanding, , execute(s) this Deed of Easement for the sole purpose of consenting to the conveyance of and releasing any marital or augmented estate interest in the easement and fights set forth herein. GRANTOR: ,(SEAL) Margaret W. Boykin f/k/a Margaret W. Chaplain ,(SEAL) COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: The foregoing instrument was acknowledged before me in the City of Virginia Beach, Virginia, this~ day of ., 1997, by Margaret W. Boykin f/k/a Margaret W. Chaplain and , her husband Grantor. Notary Public (SEAL) My Commission Expires: EXHIBIT A ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and the appurtenances there unto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being designated as "174.83 Acres" on that certain plat or plan entitled "PLAN OF PROPERTY FOR MARGARET W. CHAPLAIN, PUNGO BOROUGH, VIRGINIA BEACH, VA.", Scale 1" = 400', dated 15 October 1984, made by Bonifant Land Surveys which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2392, at page 90. LESS AND EXCEPT that portion of land described as 1.670 acres conveyed by deed dated , duly recorded in the aforesaid Clerk's Office in Deed Book 3611, at page 864. LESS AND EXCEPT all portions of the above-described property, if any, which contain any of the following soil types: (1) Back Bay Mucky Peat; (2) Dorovan Mucky Peat; (3) Nawney Silt Loam; or (4) Pamlico Mucky Peat, Ponded. [LESS AND EXCEPT that certain tract, piece or parcel being a portion of the above described property designated and described as "#" as shown on that certain plat entitled: "#", Scale #" = #', dated #, prepared by #, which plat is attached hereto and recorded simultaneously herewith.] IT BEING a portion of the same property conveyed to Margaret W. Boykin f/k/a Margaret W. Chaplain, from Billy W. Chaplain and Margaret W. Chaplain, by deed, dated November 12, 1984, duly recorded in the aforesaid Clerk's Office in Deed Book 2376, at page 1733. EXHIBIT B DESCRIPTION OF LAND [SEE ATTACHED] 16 EXHIBIT B ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and the appurtenances there unto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being designated as "174.83 Acres" on that certain plat or plan entitled "PLAN OF PROPERTY FOR MARGARET W. CHAPLAIN, PUNGO BOROUGH, VIRGINIA BEACH, VA.", Scale 1" = 400', dated 15 October 1984, made by Bonifant Land Surveys which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2392, at page 90. LESS AND EXCEPT that portion of land described as 1.670 acres conveyed by deed dated ., duly recorded in the aforesaid Clerk's Office in Deed Book 3611, at page 864. LESS AND EXCEPT all portions of the above-described property, if any, which contain any of the following soil types: (1) Back Bay Mucky Peat; (2) Dorovan Mucky Peat; (3) Nawney Silt Loam; or (4) Pamlico Mucky Peat, Ponded. [LESS AND EXCEPT that certain tract, piece or parcel being a portion of the above described property designated and described as "#" as shown on that certain plat entitled: "#", Scale #" = #', dated #, prepared by #, which plat is attached hereto and recorded simultaneously herewith.] IT BEING a portion of the same property conveyed to Margaret W. Boykin f/k/a Margaret W. Chaplain, from Billy W. Chaplain and Margaret W. Chaplain, by deed, dated November 12, 1984, duly recorded in the aforesaid Clerk's Office in Deed Book 2376, at page 1733. EXHIBIT C PERMITTED ENCUMBRANCES [SEE ATTACHED] 17 EXItlBIT "C" pERMITTED ENCUMBRANCES , Taxes for the fiscal year 1997/1998 and any/all stormwater fees, which are liens not yet due and payable, and taxes and stormwater fees for all subsequent bilhng periods. 2. Roll Back Taxes. , Easement granted Virginia Electric and Power Company over the subject property, as established by instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 555, Page 198 thru property on Morris Neck Road (no width given). . Easement granted Virginia Electric and Power Company over the subject property, as established by instrument recorded in the aforesaid Clerk's Office in Deed Book 735, at page 382, across property on Morris Neck Road (no width given). , Twenty (20) foot drainage easement to City of Virginia Beach thru property on Morris Neck Road. , Deed of Easement to City of Virginia Beach for twenty (20) foot drainage easement as recorded in Deed Book 2633, at page 57 and shown in Deed Book 2619, at page 1576-1577. , Such other restrictions and encumbrances which, in the opinion of the City Attorney, do not adversely affect the interest of the City of Virginia Beach in and to the agricultural land preservation easement and the rights granted to the City in the Deed of Easement. ASSIGNMENT EXHIBIT D FOR VALUE RECEIVED, and ([collectively,] the "Registered Owner") hereby sell[s], assign[s] and transfer[s] unto , without recourse, all of the Registered Owner's fight, title and interest in and to the Installment Purchase Agreement to which this Assignment is attached; and the Registered Owner hereby irrevocably directs the Registrar (as defined in such Agreement) to transfer such Agreement on the books kept for registration thereof. The Registered Owner hereby represents, warrants and certifies that there have been no amendments to such Agreement [except Date: Signature guaranteed: NOTICE: Signature must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. NOTICE: The signature on this Assignment must correspond with the name of the Registered Owner as it appears on the registration books for the Installment Purchase Agreement referred to herein in every particular, without alteration or enlargement or any change whatever. 18 EXHIBIT E TRANSFER OF AGREEME~ - SCHEDULE OF TRANSFE~ES The transfer of this Installment Purchase Agreement may be registered only by the Registered Owner under such Agreement in person or by its duly authorized officer or attorney upon presentation hereof to the Registrar, who shall make note thereof in the books kept for such purpose and in the registration blank below. Date of Registration of Transfer Name and Address of Transferee Registered Seller Tax I.D. No. of Transferee Signature of Registrar . , , o o 19 - 22 - Item V-L. 2 ORDINANCES/RE.VOL UTION$ ITEM tt 42 752 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 10-1 of the City Code re ADDING new precincts and changes to polling places and boundary lines: Create.four new Prectncts: Hilltop, Eastern Shore, Shell and Strawbridge Change four Precinct boundary lines: Alanton, Trantwood, Bayside, and Red Wing Change two Precinct boundary lines and polling locations: Linkhorn and Wolfsnare; and Change three polling locations: Sigma, Point O'View, and Lake Smith Voting: 10-0 (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. Oberndo~ Nancy K. Parker and. Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. October 28, 1997 AN ORDINANCE TO AMEND THE CITY CODE, PERTAINING TO ELECTION PRECINCTS AND POLLING PLACES SECTION AMENDED: 10-1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 10-1 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Sec. 10-1. Establishment of e~-t~--.~. .~.. d~.tr~, precincts and ~ ..... ~ polling places. There are hereby established in the city the following clcct~ di~ -~- ~ polling ~- ~t~.~t~ precincts and their respective ~'~-- places, as set forth below: ="--~:-- ~=-~-~-~ Precinct Alanton Aragona Arrowhead Baker Bayside Bellamy Blackwater Bonney Brandon Cape Henry Capps Shop Centerville Chesapeake Beach College Park Colonial Courthouse Creeds Culver ...... ~ Polling Place Alanton Elementary School Bayside Middle School Grade 6 Arrowhead Elementary School Heritage United Methodist Church Bayside Elementary School Indian Lakes Elementary School Blackwater Fire Station Center for Effective Learning Brandon Middle School Research and Enlightenment Building (Edgar Cayce Library) P.A. Mosquito Control Building Centerville Elementary School Bayside Baptist Church College Park Elementary School Colonial Baptist Church Courthouse Fire Station Creeds Fire Station Ocean Lakes High School 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 Davis Corner Eastern Shore Fairfield Forest Glenwood Great Neck Green Run Hilltop Holland Homestead Hunt Kings Grant Kingston Lake Smith Landstown Larkspur Linkhorn Little Neck London Bridge Lynnhaven Magic Hollow Malibu Meadows Mt. Trashmore North Beach Ocean Lakes Ocean Park Bettie F. Williams Elementary School Eastern Shore Chapel Fairfield Elementary School Kings Grant Elementary School Glenwood Elementary School Francis Asbury United Methodist Church Green Run Elementary School Good Shepherd Lutheran Church Holland Elementary School Providence Presbyterian Church Princess Anne Recreation Center St. Nicholas Catholic Church Kingston Elementary School Bayside Church of Christ Landstown Community Church St. Andrews United Methodist Church ~^ ~ ...... ~~ ~"~hcran Virginia Beach Community Chapel St. Aidan's Episcopal Church London Bridge Baptist Church Grace Bible Church Roma Lodge No. 254 Malibu Elementary School Pembroke Meadows Elementary School Windsor Woods Elementary School Galilee Episcopal Church Ocean Lakes Elementary School Bayside Christian Church 62 63 64 65 66 67 68 69 7O 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 Oceana Old Donation Pembroke Plaza Point O'View Providence Red Wing Rosemont Forest Salem Seatack Shannon Shell Sherry Park Sigma South Beach Stratford Chase Strawbridge Thalia Thoroughgood Timberlake Trantwood Windsor Oaks Witchduck Wolfsnare Woodstock Central Absentee Voter ~ooticn~ D~t-~-~ Precinct Scott Memorial United Methodist Church Old Donation Center for Gifted Pembroke Elementary School Lynnhaven Elementary School Po~-~ O'Vicw E~,,,~ary~~°~i Kempsville Church of Christ Kempsville Recreation Center Fire Training Center Rosemont Forest Elementary School Salem Baptist Church Seatack Elementary School Church of the Ascension Unity Church of Tidewater St. Matthews Catholic Church Church St. John the Apostle Catholic Church Virginia Beach Rescue Squad Building Providence Elementary School Strawbridge Elementary School Thalia Elementary School Independence Middle School White Oaks Elementary School Virginia Beach Christian Church Windsor Oaks Elementary School Bayside Presbyterian Church Eastcrn °~-~ ~~ Church of the Redeemer Avalon Church of Christ Agriculture/Voter Registrar Building 89 These changes will become effective following their approval 90 by the U. S. Department of Justice pursuant to the Voting Rights 91 Act of 1965, as amended. 92 93 Adopted by the City Council of the City of Virginia Beach on this 28th day of October, 1997. 94 95 96 97 CA-6802 DATA/ORD IN/PRO POSED / 10 - 1. ORD OCTOBER 6, 1997 Ri AGENDA REQUEST ATTACHMENT NEW PRECINCTS: HILLTOP- MAP A Good Shepherd Lutheran Church 1489 Laskin Road Create new precinct by removing southern portion of Alanton precinct from Old Donation Parkway south and a portion of the current Linkhorn precinct around Hilltop Shopping Center. EASTERN SHORE - MAP B Eastern Shore Chapel 2020 Laskin Road New precinct created from the southern portion of the current Wolfsnare precinct from Wolfsnare Road south to the Oceana precinct line. The polling location is the same one currently being used by the Wolfsnare precinct. SHELL - MAP C Unity Church of Tidewater 5580 Shell Road New precinct created by splitting the current Bayside precinct from Norfolk City line on Northampton Boulevard east to Lake Smith tributary to the Davis Corner precinct line. STRAWBRIDGE- MAP D Strawbridge Elementary School 2553 Strawbridge Road New precinct created from the Red Wing precinct that includes everything south of Dam Neck Road and Harpers Road to the Hunt and Landstown precinct lines on the south. Attachment -2 BOUNDARY LINE CHANGES: ALANTON - MAP E Alanton Elementary School 1441 Stephens Road Boundary line change only. Eliminate the Southern portion of the Alanton precinct from Old Donation Parkway south. TRANTWOOD- MAP F Virginia Beach Christian Church 2225 Rose Hall Drive Remove portion of current Trantwood precinct from St. Marshall Lane to comer of First Colonial and Great Neck Roads to new Wolfsnare precinct. BAYSIDE - MAP G Bayside Elementary School 5649 Bayside Road A portion of the current Bayside precinct north of Northampton Boulevard to north of Lake Smith tributary to the Chesapeake Beach precinct line. RED WING- MAP H Fire Training Center 927 S. Birdneck Road The portion of the current Red Wing precinct north of Dam Neck Road to Oceana precinct on the west and Seatack precinct on the north, east to the Atlantic Ocean. Attachment -3 BOUNDARY LINE AND POLLING LOCATION CHANGES: LINKHORN- MAP I Virginia Beach Community Chapel 1261 Laskin Road New polling location for the northern part of the current precinct and from the South Beach precinct line to Birdneck Road. A portion of the current Linkhorn precinct will be moved into the new Hilltop precinct. WOLFSNARE - MAP J Church of the Redeemer 1000 North Great Neck Road New polling location for a portion of the current precinct north of Wolfsnare Road and the eastern portion of the Trantwood precinct from St. Marshall Lane to the corner of First Colonial and Great Neck Roads. Attachment NEW POLLING LOCATIONS: SIGMA- MAP K Saint John the Apostle Catholic Church 800 Los Conaes Way The precinct lines for the Sigma precinct will remain the same. The polling location will be moved from Tabernacle United Methodist Church. POINT O' VIEW- MAP L Kempsville Church of Christ 5424 Parliament Drive The precinct lines for the Point O' View precinct will remain the same. The polling location will be moved from Point O' View Elementary School. LAKE SMITH - MAP M Bayside Church of Christ 5025 Shell Road The precinct lines for the Lake Smith precinct will remain the same. The polling location will be moved from Shelton Park Elementary School. ~0~0 GE DN "NORTH~ "BEACFI OWLS r R~--,E K TENNIS CEI~ ,l ¢ Z Z . o ,T ,, ..,, N q I · t ,dk ' _ w , NECK ~E ,, %. I ,, ~,, .../ ,:'', .,~ -%_ · ; x ;IDE "'--,. I uJ r-.- 0 ::3, ~ Z Z ~ ,,~ ::3 0 -3 "3 _. ~ ,,~ · · · Z City o G · , o c ,J - _. ... & v __ L S VIRGINIA WESLEYAN COLLEGE NATI R - 23 - Item V-L. 3. ORDINANCES/RES OL UTIONS ITEM # 42 753 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED: Ordinance to TRANSFER $94,645 from the FY 1997-1998 Operating Budget Reserve for Contingencies for Youth and Families to the FY 1997-1998 Operating Budget for the Department of Public Libraries repurchase of materials and equipment for creation of Parent Resource Centers known as F.R.E.D. (Families Reading Every Day) at each Library, the Department of Social Services and an Elementary School. Vottng: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III, Wilham 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 Council Members Voting Nay: None Council Members Absent: Vtce Mayor Wilham D. Sessoms, Jr. October 28, 1997 AN ORDINANCE TO TRANSFER $94,645 FROM THE RESERVE FOR CONTINGENCIES FOR YOUTH AND FAMILIES TO THE DEPARTMENT OF PUBLIC LIBRARIES TO PURCHASE MATERIALS AND EQUIPMENT FOR CREATION OF A PARENT RESOURCE CENTER AT EACH LIBRARY, THE DEPARTMENT OF SOCIAL SERVICES AND AN ELEMENTARY SCHOOL WHEREAS, the Department of Public Libraries serves a critical role in fostering and maintaining a literate citizenry; and 10 11 12 13 WHEREAS, the City is involved in an on-going strategic planning process and has identified the following desired outcome: every child in Virginia Beach is born healthy and comes to school ready to learn; and 14 15 16 17 18 19 20 WHEREAS, to help achieve this outcome, as part of the 1997- 98 Operating Budget funding totaling $94,645 was placed in the Reserve for Contingencies for Youth and Families for the purchase of materials and equipment related to the creation of a parent resource center at each library, the Department of Social Services and an elementary school for a program known as F.R.E.D., which stands for Families Reading Every Day; 21 22 23 24 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that $94,645 be transferred from the FY 1997-98 Operating Budget Reserve for Contingencies for Youth and Families to the FY 1997-98 Operating Budget for the Department of Public Libraries to create parent resource centers know as F.R.E.D. - Families Reading Every Day; 27 28 This ordinance shall be in effect from the date of its adoption. 29 30 Adopted the 28 day of October Council of the City of Virginia Beach, Virginia. Walter C. ..... 1997, bY t,,he, _ APPROVED ,,t_,,~-F~ ,~ LEGAL SUFF i{;' APPROVED AS TO CONT T ; ~~~~.~~ Kra anage ~_ ~.-.-,,-,r-; ,~.-.~ ..... ~,, _., .~.j - 24 - Item V-L. 4 ORDINANCES/RES OL UTIONS ITEM # 42 754 Upon motion by Councilman Jones, seconded by Councilman Baum, City Council ADOPTED: Ordinance to declare 1,163 square feet, plus or minus, as EXCESS PROPERTY on Arctic Avenue at Lake Holly; and, authorize the City Manager dispose of same to James R. and Deborah J. Flanagan (VIRGINIA BEACH BOROUGH). Voting' I0-0 (By Consent) Council 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. Oberndo~ Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. October 28, 1997 AN ORDINANCE DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING THE CITY MANAGER TO CONVEY SAME TO THE ADJACENT LANDOWNERS 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 21 28 29 3O 31 32 33 WHEREAS, In 1937, the Town of Virginia Beach (now the City of Virginia Beach) acquired ownership of Lake Holly by deed recorded in Deed Book 186, at page 536, and WHEREAS, the hereinafter described property is a part of that property conveyed to the Town of Vlrgima Beach (now the City of Virginia Beach), and WHEREAS, the City Council is of the oplmon that the hereinafter described property is in excess of the needs of the City of Virginia Beach and should be sold to the adjacent landowners/apphcants, James R Flanagan and Deborah J Flanagan, and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA I That the following described property is hereby declared to be in excess of the needs of the Clty of Vlrglma Beach and that the City Manager is hereby authorized to convey the property to the adjacent landowners, James R Flanagan and Deborah J Flanagan The following property shall be sold and is more particularly described as follows All that certaln lot, piece or parcel of land situate in the Virginia Beach Borough of the City of Virginia Beach, Virginia, and designated and described as "SITE" as shown on that certain Exhibit entitled "LOCATION MAP SHOWING EXCESS CITY PROPERTY- ARCTIC AVENUE AT LAKE HOLLY" a copy of which is attached hereto as Exhibit A Said property to be sold contains 1,163+ square feet IT BEING a part of the same property conveyed to the Town of Vlrglma Beach (now the City of Vlrg~ma Beach) by deed dated February 17, 1937, and recorded in the Clerk's Office of the Circuit Court of the City of Vlrgima Beach, Virginia, in Deed Book 186, at Page 536 (Part of GPIN 2427-23-1690) 34 2 The Applicant will be reqmred to have the parcel appraJsed The C~ty 5 5 Real Estate Agent has determined the estimated value of the subject parcel to be $4,500 36 3 The City Council retmns the right to reserve easements and other property rights ~t may deem appropriate before the property is declared excess and sold, ~ncluding but 5 8 not limited to, the following covenants and restrlcUons 39 A The purchaser shall be required to resubd~v~de the high ground of 4O the properties to ehm~nate any interior lot l~nes 41 B The subject property shall not be filled and shall not be a building 4 2 s~te 43 Th~s ordinance shall be effective from the date of ~ts adoption 44 Adopted by the Council of the City of V~rginla Beach, Vlrglma, on the 28 45 day of October , 1997 46 47 48 49 CA-6811 ORDIN2qONCODE\ R-1 PREPARED 10/17/97 ROVED AS TO CONTENT Pt~c Works ' APPROVED AS TO LEGAL SUFFICIENCY Deaf Law~ PIN NO, 7-1~-8457 · / / / ! ,' / / LAKE HOLLY SITE Oo 465 'LOCATION:, % % ': EXCESS SHOWING CITY PROPERTY- ,ARCTIC AVENUE AT IMKE HOLLY g",, SCALE: I ,, = ~50,> - DD~'o^~:)ff'r~ nV D /IAI '~ 7-7o/./ · · i -/~/A / I '~ /h '~./ t")/ ~ I.l! : SHADOW LAWN CIVIC LEAGUE 435 Winston Salem Avenue Virginia Beach. VA 23451 March 5. 1997 Christopher B. Cahoon Real Estate Office Department of Public Works City of Virginia Beach Municipal Center Virginia Beach, VA 23456 Dear Mr. Cahoon, This is to inform you that our General Membership voted on March 4, 1997 to support the purchase of the excess city property at Arctic Avenue at Lake Holly by the adjacent homeowner. Our membership agreed that a private individual could maintain the property in a manner that would be compatible with our goal of neighborhood integrity. The property owner, Mr. James Flanagan, addressed questions of a member regarding his intention of property use that satisfied the membership. We appreciate your contacting us regarding this issue so that we could make a civic dec~sion on the matter. Sincerely yours, Fran Johnffon President pc: Mr. James Flanagan - 25 - Item V-L.$.a. ORDINANCES/RES OL UTIONS ITEM # 42 755 Upon motion by Councilman Jones, seconded by Councilman Baum, City Council ADOPTED: Ordinance to authorize temporary encroachment into a portion of the City's right-of-way known as Donna Drive to The Friends School, Inc., re constructing and maintaining a parking lot (L YNNHA VEN BOROUGH The following conditions shah be required: I. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginta 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 shall terminate upon notice by the City of Virginia Beach to the applicant and, withtn thirty (30) days after which notice is given, such temporary encroachments shah be removed from the City's right-of-way known as Donna Drive by the applicant and the applicant shall bear all costs and expenses of removal. . The applicant 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 shah be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. e No permission or authority is given to the applicant to permit the maintenance of 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 applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant agrees to submit and have approved a traJfic control plan before commencing work in the City's right-of-way known as Donna Drive. The applicant agrees that no open cut of the public roadway shah be allowed except under under extreme circumstances. Such exceptions shall be submitted to the Highway Division, Department of Public Works, for final approval. . The applicant agrees to obtain a permit from the Development Services Center prior to commencing any construction within the City's right-of- way. 9. The applicant agrees that prior to issuance of a Highway permit, to post a performance bond in accordance with the engineer's cost estimate. October 28, 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 A/q ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF DONNA DRIVE BY THE FRIENDS SCHOOL, INC., ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, The Friends School, Inc., desires to construct and maintain a parking lot into the City's r~ght-of-way located at Donna Drive. WHEREAS, Czty Council ~s authorized pursuant to ~ 15.1- 316 and 15.1-893, Code of Virglnza, 1950, as amended, to authorize a temporary encroachment upon the C~ty'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, The Frzends School, Inc. zts he~rs, assigns and successors in title is authorzzed to construct and maintain a temporary encroachment for a parking lot in the C~ty's r~ght-of-way as shown on the map entitled: "Encroachment Exhlbzt Donna Dr~ve for Friends School," a copy of which is on file in the Department of Public Works and to which reference ~s 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 The Friends School, Inc., (the "Agreement") which is attached hereto and ~ncorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the .Agreement. 34 BE IT FURTHER ORDAINED, that this Ordinance shall not be 35 36 37 38 39 in effect until such time as Tom Kennedy, President of The Friends School, Inc., and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of V~rgln:La Beach, 28 October Vlrgznza, on the day of , 199#. 40 41 42 43 pde] esu/frzends/ord. R-1 PREPARED: 9/5/97 .~OVED AS TO CONTENTS DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-811(a)(3) AND 58 1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this =~'/~ day of '-~f~C/D/)F/~, 19 ~ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and THE FRIENDS SCHOOL, INC., a non-profit Virginia corporation, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the second part. W I T N E S S E T H: That, WHEREAS, the party of the second part is the owner of that certain lot, tract, or parcel of land designated and described as "Parcels 2 and 3, Chatham Hilltop Subdivision" and being further designated and described as "1537 Laskin Road, Virginia Beach, Virginia 23451 GPIN 2417 08 1031 and GPIN 2417 08 1307" and That, WHEREAS, it is proposed by the party of the second part to construct and maintain a parking lot in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such parking lot, it is necessary that the said party of the second part encroach into a portion of an existing City right-of-way known as Donna Drive; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such parking lot within a portion of the City's right- of-way known as Donna Drive. GPIN 2417-08-1031 and GPIN 2417-08-1307 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 Donna Drive for the purpose of constructing and maintaining such parking lot. 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 right-of-way known as Donna Drive as shown on those certain plats entitled: "ENCROACHMENT EXHIBIT DONNA DRIVE FOR FRIENDS SCHOOL," copies of which is attached hereto as Exhibit "A"and Exhibit "B" 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 right-of-way known as Donna 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 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 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 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 circumstances. Such exceptions shall be submitted to the Highway Division, 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 Services Center prior to commencing any construction within the City's right-of-way. It is further expressly understood and agreed that prior to issuance of a Highway permit, the party of the second part must post a performance bond in accordance with the engineer's cost estimate. It is further expressly understood and agreed that the party of the second part shall obtain and keep in force all risk property insurance and general liability 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 also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The 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 liabilities, vested or contingent, with relation to the temporary encroachment. 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 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 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, the said The Friends School, Inc. has caused this agreement to be executed in its corporate name and on its behalf by its president, and its corporate seal to be hereto affixed and duly attested by its corporate secretary with due authority by its board of directors. 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. 5 CITY OF VIRGINIA BEACH ( SEAL ) ATTEST: By City Manager/Authorized Designee of the City Manager City Clerk (SEAL) ATTEST: Secretary THE FRIENDS SCHOOL, INC. ~o~ Kennedy, Presiden~ 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 ~(ITa~C~ CITY/COUNTY OF \l, f¢,,~l~_ ~q~_}~ , to-wit: The foregoing instrument was acknowledged before me this ~ day of ~~~ , 19 q% , by Tom Kennedy, President, on behalf of The Friends School, Inc. My Commission Expires: Notary Public STATE OF ti I~-(~;.~ I/~ CI_TY/COUNTY OF ~)~l&%l~, ~Jq<~'~ , to-wit: The foregoing instrument was acknowledged before me this ~ day of .~_/97'~D ~q~-L/..2_ , 19 (3! ~ , by Chris Van Vleek, Secretary, on behalf of The Friends School, Inc. Notary Public My Commission Expires: ,ed~PROVED AS TO CONTENT DEPA~M~T APPROVED AS TO LEGAL SUFFICIENCY SITE-- \ \ ! \j SCALE 1'.1800' LASKIN LOCATION MAP AREA OF ENCROACHMENT PROPOSED PARKING IMPROVEMENTS LOCATION MAP FOR FRIENDS SCHOOL ENCROACHMENT AT 1537 DONNA DRIVE SCALE: 1" = 100' PREPARED BY P/W ENG. DRAFT. 8/14/97 U Y N 89" 13'4 I' W GRAPHIC SCALE: I" -- 1 SHEET 1 OF 2 Exhibit A 0 150 ,1, ~0 RAD=208.91 ARC-19.67 BLD(~ 2~ ~3 PARCEL 1-A MB 175 P 43 ZON£D A- 18 GPIN 2407-90-84§7 N/F JAMES M. BEVERLY AND JOHN E. McCOMB$ DB 22z~8 P 1990 \ GPIN 2407-98-9648 I AREA OF THE ENCROACHMENT=7,954,1 SF RAD= 148.91 . . ARC-112.1 · · · o · o · · o · R = 148.91' L = 1 8,52' S 70'55'OO" E J / / 10' UTILITY EASEME MB 1 75 P 45 .._._----- GRAPHIC SCALE 1" -- 40' N/F TRUSTEES OF / / ~~VIRGINIA BEACH MONTHLY MEETING OF THE RELIGIOUS sociEtY OF FRIENDS". MB 1 75 P 4~ Z OHED B- 2 SHEET 2 OF 2 40 LEWIS WHITE AND ASSOCIATES 4805 Pembroke Lake Circle Suite lot Vtrl~tala Beach, VA 23&55 (757) 671-9032 ENCROACHMENT EXHIBIT DONNA DRIVE FOR FRIENDS SCHOOL PROJI~CT # 96-181 SCALE: 1 "=40' DRAWN BY RLW DATE: JULY 1997 -27- Item V-L.$.b. ORDINANCES/RES OL UTIONS ITEM # 42 756 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize temporary encroachment into a portion of the City's right-of-way known as the West Neck Creek Bridge on Indian River Road to the United States Geological Survey re constructing and maintaining a temporary stream and salinity gage~,~,~,,a"~"°""'~,.,,,,~.~.-~ ~90ttO~'t) (PRINCESS ANNE/P UNGO BOROUGHS.) The following con&tions shall be required: .o The temporary encroachment shall be installed and maintained in accordance with the laws of the Commonwealth of Vtrginia 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 terminate upon notice by the City of Virginia Beach to the applicant and, within thirty (30) days after which notice is given, such temporary encroachment shah be removed from the City's right-of-way on West Neck Creek at Indian River Road by the applicant; and that the applicant shah bear all costs and expenses of such removal. . The applicant shah indemmfy and hold harmless the City of Virginia Beach, its agents and employees from and against aH claims, damages, losses and expenses, including reasonable attorney's fees in case it shah be necessary to file or defend an action artsing out of the location or existence of such temporary encroachment. . No permission or authority is given to the applicant to permit the maintenance or construction of any encroachment other than that specified heretn and to the limited extent spectfied herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant shah obtain a permit from the Development Services Center prior to commencing any construction within the City's right-of-way. It is understood that all activity and work concerning installation, maintenance, monitoring, and removal of the stream and salinity gage authorized by this Agreement shah be carried out by duly authorized employees of the applicant and the applicant will not assign, transfer, sublet or subcontract any of the activity or work associated with the installation, maintenance, monitoring and removal of the stream and salinity gage authorized by this Agreement to any other party, public or private. October 28, 1997 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Requested by Department of Public Utilities AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF INDIAN RIVER ROAD (WEST NECK CREEK BRIDGE) BY THE UNITED STATES GEOLOGICAL SURVEY, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, The United States Geological Survey (USGS), desires to install and maintain a temporary stream and salinity gage into the City's right-of-way known as the West Neck Creek Bridge on Indian River Road. WHEREAS, City Council is authorized pursuant to §§ 15.1- 316 and 15.1-893, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's right-of-way subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.1-316 and 15.1-893, Code of Virginia, 1950, as amended USGS, its assigns and successors in title, is authorized to construct and maintain a temporary encroachment for a temporary stream and salinity gage in the City's right-of-way as shown on the map entitled: "WEST NECK CREEK @ INDIAN RIVER ROAD," a copy of which is on file in the Department of Public Utilities 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 USGS, (the "Agreement") which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. 36 37 38 39 40 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as USGS and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 day of October , 1997. 41 42 43 44 CA-6792 ORDIN\NONCODE\USGS . ord R-1 PREPARED: 9/24/97 DEPARTMENT APPROVED AS TO LEthAL SUFFICIENCY AND FORM CITY Y PREPARED BY THE VIRGINIA BEACH CITY A~i-'I'ORNEY'S OFFICE THIS AGREEMENT, made this~ day of ,1997, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, "GRANTOR," party of the first part, and the UNITED STATES GEOLOGICAL SURVEY, an agency of the Interior Department of the United States of America, its heirs, assigns and successors in title, "GRANTEE," party of the second part. WITNESSETH: WHEREAS, it is proposed by the party of the second part to install and maintain a temporary stream and salinity gage on the West Neck Creek Bridge on Indian River Road in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such proposed gage, it is necessary that the said party of the second part encroach into a portion of an existing City right-of-way known as Indian River Road as shown on the attached map entitled Exhibit "A"; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such proposed gage within a portion of the City's right-of-way. 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 as shown on the attached map entitled Exhibit "A" for the purpose of installing and maintaining such proposed gage. It is expressly understood and agreed that such temporary encroachment will be installed 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'trginia 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 City's right- of-way known as Indian River Road as shown on the attached map entitled Exhibit "A": 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 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 fi.om the City's right-of-way as shown on the attached map entitled Exhibit "A" 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 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 obtain a permit fi.om the Development Services Center prior to commencing any construction within the City's right-of-way. It is further expressly understood that all activity and work concerning installation, maintenance, monitoring, and removal of the stream and salinity gage authorized by this Agreement shall be carried out by duly authorized employees of the party of the second part, and that party of the second part will not assign, transfer, sublet, or subcontract any of the activity or work associated with the installation, maintenance, monitoring, and removal of the stream and salinity gage authorized by this Agreement to any other party, public or private. 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 herein above by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars (5;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, the United States Geological Survey has caused this Agreement to be executed in its agency's name and on its behalf by Gerald L. Ryan, District Chief of the United States Geological Survey. 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 By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: Ruth Hodges Smith, City Clerk UNITED STATES GEOLOGICAL SURVEY By Gerald L. Ryan, District Chief STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instnunent was acknowledged before me this ~ day of ,1997, by ., City Manager/Authorized Designee of the City Manager, on behalf of the City of Virginia Beach, V'trginia. My commission expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instnnnent was acknowledged before me this ~ day of ,1997, by Ruth Hodges Smith, City Clerk, on behalf of the City of VLrginia Beach, Virginia. Notary Public My commission expires: STATE OF CITY/COUNTY OF , to-wit: Survey. The foregoing instrument was acknowledged before me this ~ day of ,1997, by Gerald L. Ryan, District Chief of the United States Geological Notary Public My commission expires: ~OWD ~J~ CO~'n~S DEPARTMENT ~I'I:'ROVED ~ TO SUFFkCIENCY AND FORM CITY ATTORNEY · C ~ATA\WPS~MI$C~USGS AOR SiTE PI_AN \pprowg for the~pr~l~ tJnle~ a bufldln~ p~n~it Is l~le~ v, sh~ ~ votd. DAT~a BY FILE {$ S~TE PLAN ~pprou~! for .;lan has ~en gmnt~ ~Jnle~ a building p~r~t is Isled sh~i b~ uold. FILE ER ,, J , iS EXHIBIT A:WEST NECK I .. ~ ~.. ,; .......... ~__._...; I I i ...... { .- EXHIBIT A: WEST NECK CREEK ~ INDIAN RIVER - 29 - Item J. 5. c. ORDINANCES/RESOL UTIONS ITEM # 42 75 7 Attorney Harry R. Purkey, Jr., 303 34th Street, Phone: 428-6443, represented the applicant Dr. Joseph F. Killen, the applicant Rosahe Cheshire, 219-81st Street, Phone: 428-7098, registered in OPPOSITION. Upon motion by Councilman Jones, seconded by Councilman Branch, Ctty Council ADOPTED: Ordinance to authorize temporary encroachment into a portion of the City's right-of-way of Atlantic Avenue to Joseph F. and Donna B. Killen at 200 74th Street re maintaining an existing six- foot spruce fence (LYNNHA VEN BOROUGH), The following conditions shah be required: Io The temporary encroachment shah be 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 terminate upon notice by the City of Virginia Beach to the applicant and, wtthin thirty (30) days after which notice is given, such temporary encroachment shall be removed from the City's right-of-way known as 200 74th Street and Atlantic Avenue by the applicant and the applicant shall bear all costs and expenses of removal. . The applicant shah indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against aH claims, damages, losses and expenses, tncluding 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. . No permission or authortty is given to the applicant to permit the maintenance or construction of any encroachment other than that spectfied herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. The applicant shall submtt 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 Ctty Engineer's Office or the Engineering Division of the Public Utilities Department. The City, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the apphcant 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 tf such removal shah not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($I00 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. October 28, 1997 - 30- Item J. 5.c. ORDINANCES/RESOL UTIONS ITEM # 42 75 7 (Continued) Voting: 10-0 Council Members Voting ,dye: John ,4. Baum, Linwood 0 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 ,4bsent: Vice Mayor William.D. Sessoms, Jr. October 28, 1997 1 Requested by Department of Public Works 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF ATLANTIC AVENUE ADJACENT TO THE PROPERTY OF JOSEPH F. KILLEN AND DONNA B. KILLEN, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE 11 12 WHEREAS, Joseph F. Klllen, Jr. and Donna B. Klllen, desire to maintain an existing slx (6) foot spruce wood fence into 13 14 the City's right-of-way located wzthln the right-of-way of Atlantic Avenue adjacent to their property located at 200 74th Street. 15 16 WHEREAS, Czty Council is authorized pursuant to ~ 15.1- 316 and 15.1-893, Code of Virginia, 1950, as amended, to authorize 17 a temporary encroachments upon the City's rkght-of-way subject to 18 such terms and conditions as Council may prescribe. 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained ±n ~ 15.1-316 and 15.1-893, Code of Virginia, 1950, as 23 24 amended Joseph F. Klllen, Jr. and Donna B. Killen their heirs, assigns and successors ~n title is authorized to maintain a 25 26 27 temporary encroachment for an existing slx (6) foot spruce fence in the City's right-of-way as shown on the map entitled- "For Joseph F. Killen & Donna B. Klllen PHYSICAL SURVEY OF A PARCEL OF LAND 28 29 SITUATED AT NORTH VIRGINIA BEACH, PRINCESS ANNE COUNTY, VIRGINIA KNOWN, NUMBERED, AND DESIGNATED BY DEED BOOK 754, PG. 205, DEED 30 31 BOOK 776. PG. 258 & DEED BOOK 873, PG. 663", a copy of which is attached hereto as Exhibit "A" and to which is on f~le ~n the 32 Department of Public Works and to which reference is made for a 33 more particular description; and 34 BE IT FURTHER ORDAINED, that the temporary encroachment 35 36 is expressly subject to those terms, conditions ancl criteria contained in the Agreement between the City of Virginia Beach and 37 Joseph F. Killen, Jr. and Donna B. Killen, (the "Agreement") which 38 is attached hereto and incorporated by reference; and 39 BE IT FURTHER ORDAINED that the City Manager or his 40 authorized designee ~s hereby authorized to execute the Agreement. 41 BE IT FURTHER ORDAINED, that th~s Ordinance shall not be 42 43 · n effect until such time as Joseph F. Killen, Jr. and Donna B. Killen and the C~ty Manager or his authorized designee execute the 44 Agreement. 45 46 Adopted by the Council of the City of Virginia Beach, 28 October Virginia, on the day of , 1997. 47 48 49 5O AGENT=Edward Britt pwaldo\brmttkkzllen, ord R-1 PREPARED: 9/24/97 A~~D AS TO CONTENTS DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this ~ 1~ day of ~_Q%F_n~b~- , 19 ~ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA,' a municipal corporation, GRANTOR, party of the first part, and JOSEPH F. KILLEN, JR. and DONNA B. KILLEN, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, GRANTEE, party of the second part. W I TNE S SETH- That, WHEREAS, it is proposed by the party of the second part to maintain a six (6) foot spruce wood fence mn the City of Virginia Beach; and WHEREAS, in maintaining such six (6) foot spruce wood fence , it is necessary that the said party of the second part encroach into a portion of an existing City r~ght-of-way known as Southwest corner of 200 74th Street and Atlantic Avenue; and sa~d party of the second part has requested that the party of the first part grant a temporary encroachment of a slx (6) foot spruce wood fence within a portion of the City's right-of-way. 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 ~s 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 Southwest corner of 200 74th Street and Atlantic Avenue for the purpose of maintaining such six (6)foot spruce wood fence. It is expressly understood and agreed that such temporary encroachment will be maintained in accoudance 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 encroachment into a portion of the City's right-of-way known as 200 74th Street and Atlantic Avenue as shown on that certain plat entitled: "For Joseph F. Killen & Donna B. Killen PHYSICAL SURVEY OF A PARCEL OF LAND SITUATED AT NORTH VIRGINIA BEACH, PRINCESS ANNE COUNTY, VIRGINIA KNOWN, NUMBERED, AND DESIGNATED BY DEED BOOK 754, Pg. 205, DEED BOOK 776. PG. 258 & DEED BOOK 873, PG. 663" , Prepared for Review by City of Virginia Beach," 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 Virginia Beach to the party of the second part, and that within thirty (30) days after such notice given, such temporary encroachment shall be removed from the City's right-of-way known as 200 74th Street and Atlantic Avenue · I 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 f~le 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 permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified here~n, 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 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 ~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 C~ty's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied ~f it were owned by the party of the second part; and ~f 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 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. Joseph F. Killen, Jr. and Donna B. Killen, husband and · wife, the said party of the second part has caused this Agreement to be executed by their signatures 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 ( SEAL ) ATTEST- By City Manager/Authorized Designee of the City Manager C~ty Clerk ~O. VED A,S ~TO CONTENT DE~ARTME~T By BY JOSEPH F. KILLEN, xj~. INNA B. KILLEN ~,>~.~ .L__~. ___._- ~ __.-_ LEGAL SUFf:;,%!,:/:{O'/ . STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , CITY MANAGER/AUTHORIZED DESIGNEE ~F THE CITY MANAGER, whose name is signed to the foregoing Agreement bearing date on the day of , 19 , has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 19 . Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Il , 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 , 19 , has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 19 . Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, iIfl~]' ~. /~[~141%-[S~] , a Notary Public · in and for the City and State aforesaid, do hereby certify that JOSEPH F. KILLEN, JR. and DONNA B. KILLEN, whose names are signed to the foregoing writing, bearing date the ~ day of S~~(~ , 19~'], has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of My Commission Expires- ~~ ~o~ yPublic 80TH ST. T8TH 76TH ST. 74TH ST. SITE SEASHORE STATE PARK SCALE 1'.1600' LOCATION MAP SITE % % % \ .LOCATION MAP FOR FENCE ENCROACHMENT. AT 74th ST. AND ATLANTIC AVE. FOR ,JOSEPH AND DONNA KILLEN ~ PPFPAPI::I~ RV PAAI FF, It'~. F'IRAFT C1~4~? " ~ ~.____ ~ -.'....- .... 16-'- ___5 ' -.'.~ :' ~- ~ = ~ ~ ~ ,-~ ,~,,, · .... ~ ~E a;~~ II I I II I I I ~ , - 31 - Item V-J. 5.d. ORDINANCES/RES OL UTIONS ITEM # 42 758 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize temporary encroachment into a portion of the City's into a portion of the City's I0' drainage and utilities easement to Ronald W. and Mavis S. Peacock at 944 General Stuart Drive re constructing and maintaining a wooden bulkhead (L YNNHA YEN BOROUGH) The following conditions shah 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 he City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location. The temporary encroachment shall terminate upon notice by the City of Virginia Beach to the applicants and, within thirty (30) days after which notice is given, such temporary encroachment shah be removed from the City's 10' utilities and drainage easement by the apphcants and the applicants shall bear all costs and expenses of removal. The applicants shah indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against aH 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. 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 anyone other than the applicants. The applicants agree to maintain the temporary encroachment so as not to become unstghtly or a hazard. The applicants must obtain a permit from the Development Services Center or Waterfront Operations, whichever is applicable , prior to commencing any construction within the City's I0' utilities and drainage easement The applicants, prior to issuance ora permit, must post a Performance Bond in an amount based on the engineer's cost estimate. The City, upon revocation of such authority and permission so granted, may remove any such 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 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. October 28, 1997 - 32 - Item V-J. 5.d. ORDINANCES ITEM # 42758 (Continued) Voting: 10-0 (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. Oberndo~ Nancy K. Parker and Louisa M. Strayhorn Councd Members Vottng Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr October 28, 1997 1 Requested by Department of Publmc Works 2 3 4 5 6 7 8 9 t0 AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF A TEN FOOT (10') CITY DRAINAGE AND UTILITIES EASEMENT BY RONALD W. PEACOCK AND MAVIS S. PEACOCK, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE 11 WHEREAS, RONALD W. PEACOCK AND MAVIS S. PEACOCK, desire 12 to construct and maintain a wooden bulkhead wmthln the Cmty's 10' 13 drainage and utilities easement located at 944 Geneza! Stuart 14 Drmve. 15 16 WHEREAS, City Councml is authorized pursuant to ~ 15.1- 316 and 15.1-893, Code of Virginma, 1950, as amended, to authorize 17 18 a temporary encroachment wmth~n the City's 10' drainage and utmlmties easement subject to such terms and condmtions as Councml 19 may prescribe. 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 24 That pursuant to the authormty and to the extent thereof contamned [n ~6 15.1-316 and 15.1-893, Code of Vmrgmnma, 1950, as amended RONALD W. PEACOCK and MAVIS S. PEACOCK, themr heirs, 25 26 assigns and successors mn title are authorized to construct and maintain a temporary encroachment for a wooden bulkhead wmthmn the 27 28 Cmty's 10' drainage and utmlmties easement as shown on the map entmtled: "PROPOSED BULKHEAD 944 GENERAL STUART DR. SOUTHERN POINTS 29 30 31 SECTION TWO, LOT 88 LYNNHAVEN BOROUGH VIRGINIA BEACH, VA 23454 APPLICANT: RONALD W. PEACOCK,," a copy of whmch ms on f~le mn the Department of Pub!lc Works and to whmch reference ms made for a 32 33 34 more partmcular descrmptmon; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly sublect to those terms, condmtions and crmterma 35 contained in the Agreement between the City of Virginia Beach and 36 RONALD W. PEACOCK and MAVIS S. PEACOCK, (the "Agreement") whmch ms 37 attached hereto and incorporated by reference; and 38 BE IT FURTHER ORDAINED that the City Manager or h~s 39 authorized designee is hereby authorized to execute the Agreement. 40 BE IT FURTHER ORDAINED, that this Ordinance shall not be 41 ~n effect until such time as RONALD W. PEACOCK and .MAVIS S. 42 PEACOCK, and the City Manager or his authorized designee execute 43 44 the Agreement. Adopted by the Councl! of the C~ty of Virginia Beach, 45 V~rg~n_~a, on the 26 day of October , 1997. OA-~ g?q ! 47 s SURNS \ TK\ PEACOCK. ORD 48 R-1 49 PREPARED: 9/i 6/97 ROVED AS TO CONTENTS S I GNATLIRE , , DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58,1-811 (a)(3) AND 58.1-811 (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this ~~day of ~-~'7--, , 19 ~ ~, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and RONALD W. PEACOCK and MAVIS S. PEACOCK, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the second part (even though more than one). W I T N E S S E T H: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a wooden bulkhead in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such wooden bulkhead, it is necessary that the said party of the second part encroach into a portion of an existing City 10' utilities and drainage easement; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such wooden bulkhead within a portion of the City's 10' utilities and drainage easement. 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 GPIN 1498-92-1653 encroachment to use a portion of the City's 10' utilities and drainage easement for the purpose of constructing and maintaining such wooden bulkhead. 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 encroachment into a portion of the City's 10' utilities and drainage easement described as: "PROPOSED BULKHEAD 40 LIN. FT." as shown on that certain plat entitled: "PROPOSED BULKHEAD 944 GENERAL STUART DR. SOUTHERN POINTS SECTION TWO, LOT 88 LYNNHAVEN BOROUGH VIRGINIA BEACH, VA 23454 APPLICANT: RONALD W. PEACOCK DATE: 3/7/97 SHEET 1 OF 2 REV. 7/14/97," and prepared by Ken Thompson, Consultant, 3705 Bosun Drive, Chesapeake, VA 23321, 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 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 10' utilities and drainage 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 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 obtain a permit from either the Development Services Center or Waterfront Operations, whichever is applicable, prior to commencing any construction within the City's 10' utilities and drainage easement. It is further expressly understood and agreed that prior to issuance of a permit, the party of the second part must post a Performance Bond in an amount based on the engineer's cost estimate. 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 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, RONALD W. PEACOCK and MAVIS S. PEACOCK, husband and wife, the said party of the second part has caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk Ronald W. Peacock M~vis S. ~P~ac6ck 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 CITY/COUNTYO~ ~/O. ~tC~Ch , to-wit: The foregoing instrument was acknowledged before me day of 3~_~%~y~%,Oe3f , 19q~ , by RONALD W. PEACOCK and MAVIS S. PEACOCK, husband and wife. My Commission Expires: \-~1-~ (- ~r~ Public APPROVED AS TO LEGAL SUFFICIENCY %NI. yNI, IVIIi, W m II Q© HOOD DR. ©© m GENERAL LONGST OR. Q ©© APO A. RAPAPORT ~ 2337 GEIERAL LO#GSTREET PROPOSED BULKHEAD ~0 LIN.FT. SILTED IR- ALUH SP BLED °~ Iq' TREE ~' (SAVE) 12' TREE (SAVE) VOLFSNARE LAKE (PRIVATE) NOR-TIDAL, COITRALLED EVEV. ,PROPERTY Lille SON 28-17'¥ 128.69 ~.G 36'RCP STOR# DRAIN ~'~-J 6 ~+.~ETURJ EXIST. 10'EASEHENT / FOR UTILITIES /, DRAINAGE CONSTRUCTJOII RB 57, PG 2q SEOUEICE OF EYEITS 1. SITE ACCESS TNBU COIC.RIIVE. Z. RATEEAL STARED AT IlK. KNEAD AlfA. 3. COISTIgCT BIII. KNEAB. q. Pr. ACE All SNAIl BACKFILL. S. ESTAILISN LAUI,FESCUE, 20Ol PER ACRE. DISTURB D ,.. WOOD DECK ( .J, lb Ilk Mm Mi" 05,478 SCALE 1' = 30' 7/97 il PURPOSE: EROSION CONTROL NO VEGETATED WETLANDS ADJACENT PROP_L~ETY OWNERS APPLICANT: APO J. TILLIE 940 GENERAL STUART APO R. HICKS 948 GENERAL STUART APO A. RAPAPORT 2337 GENERAL LORGSTREET RONALD V. PEACOCK 9qq GENERAL STUART DRIVE VIRGINIA BEACH,VA. 23qsql EEl TNORPIOI COllULTAIT 3705 sosu~ DB~VE C#ESAPEAIE,VA. 2~21 (757) q11-3933 REVISED PROPOSED BULKHEAD 9qq GENERAL STUART DR. SOUTHERN POINTS SECTION TWO, LOT 88 LYNNHAVEN BOROUGH VIRGINIA BEACH,VA 23qsq APPLICANT: RONALD V. PEACOCK SHEET CITY ERG REVIEW CORflERTS REFt VB97-085 (EAST PL & 10'EASEREIT~ REV.Z/lq/g7 REAL ESTATE REVIE¥ - 33- Item V-~. 6. ORDINANCES/RESOL UTIONS ITEM # 42 759 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED: Resolution to authorize the Director of Finance make payment on lost minibonds, R-2729 and R-2730, valued at $500 each, to the Estate of Florine G. Horay (General Obligation Public Improvement Minibonds, dated May 1 I, 1991, maturity). Voting: 10-0 (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 Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr October 28, 1997 A RESOLUTION TO AUTHORIZE PAYMENT OF LOST MINIBONDS WHEREAS, the General Obligation Public Improvement Bonds, 4 Series of 1988B, 1991 maturity (Capital Appreciation Minibonds), 5 hereinafter "minibonds," were issued in registered form and were 6 not transferable or assignable pursuant to the authorizing 7 resolution adopted by City Council on April 11, 1988, and the 8 stated terms on the bonds; WHEREAS, these minibonds were all issued in $500.00 10 denominations and bearing 5.5% annual rate of interest, dated May 11 11, 1988, and maturing May 11, 1991; 12 WHEREAS, certain minibonds numbered R-2729 and R-2730 13 valued at $500.00 each and registered to Florine G. Horay, 14 custodian for Justin Throckmorton, have been affirmed by the 15 executrix of the estate of Florine G. Horay to be lost or 16 misplaced; 17 WHEREAS, the executrix of the estate has complied with 18 all legal provisions to effect replacement of said securities by 19 providing appropriate affidavits, as well as documentation of her 20 status as executrix of Florine G. Horay's estate; and 21 WHEREAS, John T. Atkinson, City Treasurer, has determined 22 that because of the non-transferable nature of the minibonds, no 23 indemnities shall be required. 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 That the Department of Finance, as the registrar of such 27 minibonds, is directed to pay to the estate of Florine G. Horay the 28 value of the respective minibonds (the principal and interest 29 accrued on the date of maturity) without the necessity of replacing 30 31 32 the lost or misplaced minibonds. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 day of October , 1997. 33 34 35 36 CA-6813 ORD IN\NONCODE \MINI BOND. RES R-1 PREPARED: 10/20/97 37 38 39 APPROVED AS TO CONTENT Department of Finance 40 41 APPROVED AS TO LEGAL SUFFICIENCY 42 43 D~'epartment o~ 'Law AFFIDAVIT OF LOSS STATE OF VIRGINIA CITY/COUNTY OF The undersigned (hereinafter called "Deponent"), being duly sworn, deposes lind says that. (1) Deponent ~s an adult whose mmhng address ~s and m the owner of or ~s acting ~n a representative or 5ducmry capac~ v, ath respect to certain M'curltles (dcscrlbe type of securffy, ~dentfficat~on number, and number of shares or face value): 1988B General Obligation Public Improvement Minibonds, Numbers(s) ~ ' ~ 7 ~ ~ ~ ~ ~g fir)O D 0 rs.sued by City of Virginia Beach, Virginia (heretnafter called the "Issuing Corporauon") and registered ~n the name of: (2) Deponent further says that the aforesaid security or securities (hereinafter called the "Original", whether one or more) have been lost, s, tolen, destroyed or m~splaced under the. following c~rcumstances t (w~.~.~K...~ (3) That sa~d Ongmal~_.~J.~ndorsed. (If endorsed, describe form of endorsement and state whether s,gnature was guaranteed.) (4) Deponent has made or caused to be made diligent search for Ongmal, and has been unable to find or recover same, and that Deponent was the uncondmonal owner of Original at the ume ot loss, and ~s enmled to the full and exclusive possession thereof; that neither the Or,gmal not the rights of Deponent thcrem have, m whole or m part, been ass,gned, transferred, hypothecated, pledged or otherwkse d~sposed of, m any manner whatsoever, and that no person, firm or corporauon other than Deponent has any right, Utle, clmm, eqmty or mtere:,t m, to, or respecting Original or the proceeds thereof, except as may be set forth m Statement (5) following (5) (If Deponent's interest in the Original ks in a representative or fiducmry capac:ty, indicate below the designation of such capacity, l.e, Admimstrator, Executor, etc., and the title of the estate, as fcllows) Deponent ks of the estate of (Speafy names of any other persons having an interest m the Original Dst them below and red,cate the nature of thetr interest, such as bmr, legatee, etc.) NAME INTEREST (6) Deponent makes this affidavit for the purpose of requesting and reducing the Issuing Corporation and ItS agents to tssue new securities m, or payment m heu of, substitution for the Original (7) Deponent agrees that if smd Original should ever come tnto Deponent's hands, custody or power, Deponent xanll ~mmedmtely and w~thout cons~clerat~on surrender Original to Is.suing Corporauon, ts transfer agents or subscnpuon agents for cancellation. (8) S~gned, sealed and dated: Sworn to and subscribed before me thks /,_~ day of ~~/ '- (~ Notar,al Seal) / / Sworn to and subscribed before me thru day of 19 , , S~gnature of Deponent NOTARY PUBLIC (Affix Notarial Seal) My Comn'n~lon expires: - 34 - Item V-J. 7.. ORDINANCES/RES OL UTIONS ITEM # 42 760 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED: Resolution of support and funding commitment up to $13- Million for the construction of a joint Tidewater Community College/Virginia Beach City Public Schools Technical and Career Eduction Center; and, urging the Virginia General Assembly to fully support this project and fund it in the 1998- 2000 Biennium. ~ting: 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara Mo 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 Absent: Vice Mayor William D. Sessoms, Jr October 28, 1997 A RESOLUTION SUPPORTING A PARTNERSHIP FOR THE CONSTRUCTION OF A JOINT TIDEWATER COMMUNITY COLLEGE/VIRGINIA BEACH CITY PUBLIC SCHOOLS TECHNICAL AND CAREER EDUCATION CENTER, COMMITTING TO PROVIDE LOCAL FUNDING UP TO $13 MILLION, AND URGING MAXIMUM STATE FUNDING WHEREAS, officials of Tidewater Community College (TCC), 8 the City of Virginia Beach, and the Virginia Beach School Board 9 have come together in partnership to plan an innovative and highly 10 cost-effective joint technical and career education center on the 11 TCC campus to contain approximately 137,000 square feet, and to be 12 designed and under construction in the 1998-2000 biennium; 13 WHEREAS, such a joint center will enhance the mission 14 fulfillment of TCC, enhance the capability of Virginia Beach Public 15 Schools to meet student needs, and provide shared facilities 16 benefiting both institutions and the entire Hampton Roads region; 17 WHEREAS, such a joint center will also enhance regional 18 economic development through the training of a technically- 19 proficient workforce, and will provide capabilities for "just-in- 20 time" training and flexible space for small-business incubation; 21 WHEREAS, the City Council of the City of Virginia Beach 22 finds such a center to be consistent with its goals for quality 23 education and economic development; 24 WHEREAS, the site for the proposed center is included in 25 the City's higher education complex; 26 WHEREAS, City Council understands that the Commonwealth 27 of Virginia is expected to provide significant funding support for 28 construction of the center and related on-going support for 29 community college programs and associated costs; 30 WHEREAS, City Council, with the assistance of the 31 Commonwealth, TCC, and the School Board, intends to extend and 32 enlarge the partnership to include private sector participation in 33 order to integrate the changing needs of the job market into 34 program development, and leverage the use of public funding; 35 WHEREAS, City Council has been provided a summary of 36 planned programs and space allocations which it finds will enhance 37 training and education, and which play an integral part in the 38 Council's decision to support the construction of the facility; 39 WHEREAS, the total cost of the facility has been 40 estimated at $23 million, inclusive of all design, site, building 41 construction, furnishings and equipment, contingencies and support 42 costs; and 43 WHEREAS, the local share of this total cost is not 44 expected to exceed $13 million. 45 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 46 OF VIRGINIA BEACH, VIRGINIA: 47 That City Council hereby supports a partnership among 48 Tidewater Community College, the City of Virginia Beach, and the 49 Virginia Beach School Board for the construction of a joint 50 TCC/Virginia Beach City Public Schools technical and career 51 education center on the Virginia Beach Campus of TCC; 52 BE IT FURTHER RESOLVED: 53 That City Council hereby commits to the provision of 54 funding in an amount of up to $13 million for the design, 55 construction, and furnishing of this proposed joint center, with 56 the understanding that funding committed by the City will be 57 provided from a variety of sources at the discretion of City 58 Council, which sources may include proceeds from the sale of bonds, 59 proceeds from lease-revenue agreements, cash and in-kind 60 contributions, grants, and private sector donations; 61 BE IT FURTHER RESOLVED: 62 That City Council's commitment is contingent upon the 63 Commonwealth of Virginia's allocation of funding for the joint 64 center in the amount of at least $10 million in the 1998-2000 65 biennium, and upon approval of the design of the facility by City 66 Council and the State Board of Community Colleges prior to its 67 construction; and 68 BE IT FURTHER RESOLVED: 69 That City Council hereby urges the General Assembly, and 70 in particular the entire Hampton Roads delegation, to fully support 71 this project and fully fund its design, construction, and 72 furnishing in the 1998-2000 biennium. 73 Adopted by the Council of the City of Virginia Beach, 28 74 Virginia, on the day of 0ctober , 1997. 75 76 77 78 CA-6815 ORD IN~NONCODE \ TCC. RES R-2 PREPARED: 10/23/97 79 APPROVED AS TO CONTENT 80 81 ~anagement Servi~ 82 83 84 85 APPROVED AS TO LEGAL SUFFICIENCY Department of Law - 35 - Item V-J. 8.. ORDINANCES/RES OL UTIONS ITEM # 42 761 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED: Resolution to authorize the City Manager execute an agreement re relocation of the joint Virginia Tech/University of Virginia Graduate Center to the Hampton Roads Agricultural Research and Extension Center. Voting: 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, [IL William 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 Absent: Vtce Mayor William D Sessoms, Jr October 28, 1997 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT PERMITTING RELOCATION OF JOINT VIRGINIA TECH/UNIVERSITY OF VIRGINIA GRADUATE CENTER TO THE HAMPTON ROADS AGRICULTURAL RESEARCH AND EXTENSION CENTER WHEREAS, the City is the fee simple owner of certain 9 tract of land containing 57.3 ± Acres fronting on Diamond Springs 10 Road in the City of Virginia Beach, Virginia (the "Property"); 11 WHEREAS, the Southern Produce Company, the City's 12 predecessor in title to the Property leased the Property to the 13 Commonwealth of Virginia (the "Commonwealth") by Deed of Lease for 14 the purpose of conducting a Truck Experiment Station (the "Truck 15 Experiment Station") on the Property; and 16 WHEREAS, the City acquired the interests of Southern 17 Produce Company in and to the Property in 1973, thereby becoming 18 the landlord under the Lease; 19 WHEREAS, by Chapter 505 of the 1985 Acts of Assembly, the 20 General Assembly abolished the Truck Experiment Station as a State 21 institution and reestablished same as a component of Virginia 22 Poytechnic Institute and State University ("VPI"); 23 WHEREAS, VPI is an educational institution of the 24 Commonwealth under the control of the General Assembly; and 25 WHEREAS, VPI has requested permission to relocate the 26 joint Virginia Tech/University of Virginia Graduate Center (the 27 "Graduate Center") to the Property. 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 That the City Manager is hereby authorized and directed 31 to execute, on behalf of the City of Virginia Beach, an agreement 32 with Virginia Polytechnic Institute and State University providing 33 34 35 36 37 38 39 40 for the relocation of the Graduate Center substantially in the form attached hereto. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 day of October, 1997. CAo6806 ORD IN\NONCODE \ CA6806 R-1 PREPARED: 10/22/97 ~pROVED AS TO CONTENT ~t~lic Works/Real lgstate ' APPROVED AS TO LEGAL SUFFICIENCY l~lJanment of Law AGREEMENT PERMITTING RELOCATION OF JOINT VIRGINIA TECH / UNIVERSITY OF VIRGINIA GRADUATE CENTER TO THE HAMPTON ROADS AGRICULTURAL RESEARCH AND EXTENSION CENTER THIS AGREEMENT is made this ~day of ,1997, by and between the CITY OF VIRGINIA BEACH (the "City") and VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY ("VPI"). WHEREAS, the City is the fee simple owner of a certain tract of land containing 57.3 + Acres fi'onting on Diamond Springs Road in the City of Virginia Beach, Virginia (the "Property"); WHEREAS, Southern Produce Company, the City's predecessor in title to the Property leased the Property to the Commonwealth of Virginia (the "Commonwealth") by Deed of Lease dated April 1, 1920, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 107, at page 236 (the "Lease"), for the purpose of conducting a Truck Experiment Station (the "Truck Experiment Station") on the Property; WHEREAS, the City acquired the interests of Southern Produce Company in and to the Property in 1973, thereby becoming the landlord under the Lease; WHEREAS, by Chapter 505 of the 1985 Acts of Assembly, the General Assembly abolished the Truck Experiment Station as a State institution and reestablished same as a component of VPI; WHEREAS, VPI is an educational institution of the Commonwealth under the control of the General Assembly; and WHEREAS, VPI has requested permission to relocate the joint Virginia Tech / University of Virginia Graduate Center (the "Graduate Center") to the Property. NOW TItEREFORE, WITNESSETH: That for and in consideration of the premises and certain improvements to be made by VPI to the Property, the City and VPI do hereby agree as follows: 1. The relocation of the Graduate Center to the existing buildings located on the Property is hereby permitted. 2. VPI shall make improvements to the existing buildings located on the Property in the minimum amount of $200,000, including refurbishments for conversion into classrooms and the upgrade of telecommunications to provide full voice, video and data interconnectivity to Blacksburg, Charlottesville, other Agricultural Research and Extension Centers and other sites around the state through Net. Work. Virginia. 3. VPI acknowledges that the use of the existing buildings located on the Property for the Graduate Center is incidental to its existing uses of the Property (which shall continue) and that further expansion or modification of such uses shall not be made without the written permission of the City. 4. All improvements to the Property and the uses thereof by VPI shall be made in accordance with all applicable federal, state and local laws, codes and regulations ("All Laws") specifically including, but not limited to, All Laws related to environmental conditions and hazardous materials, building codes and the Americans with Disabilities Act of 1990, as amended. The City shall have no obligation to cause the Property to comply with All Laws and shall have no liability for failure to comply, such obligation and liability being solely that of VPI. The City makes no representations as to compliance of the Property and existing uses thereof with All Laws. 5. At its expense, VPI shall keep, repair and maintain the Property and all improvements thereon, including all plumbing, heating, air conditioning, electrical and mechanical devices, appliances and equipment of every kind in good repair, condition and working order, suitable for the purpose and use for which they are intended, and shall make all alterations, additions and/or modifications thereto so as to comply at all times with All Laws. 6. The City shall not be liable for any liabilities, claims, demands, actions, costs and expenses arising out of any injury to or death of persons and for any loss or of damage to property caused by the negligence or omissions of VPI or its agents, employees, visitors, guests, invitees or students. 7. The cost of all insurance, heating and air conditioning, electricity, water, sewage and trash disposal, and janitorial services and supplies to and for the Property and the improvements thereon shall be the responsibility of VPI. 8. Upon a breach of this Agreement or the Lease by VPI, which breach is not cured within thirty (30) days after notice of same is given by the City, the City shall have the fight to terminate this Agreement. 9. This Agreement and the permission given by the City hereunder shall not be construed in any was as a waiver or release of or in derogation of the rights of either the City, the Commonwealth or VPI under the Lease. All such rights existing as of the date of this Agreement shall remain unaffected by the provisions of this Agreement. 10. Neither party shall be deemed the drafter of this Agreement. 11. Neither party shall have the right to assign its interest and fights hereunder without the prior written consent of the other. 12. This Agreement shall not be modified except by writing executed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized representatives. CITY OF VIRGINIA BEACH APPROVED AS TO CONTENT: Public Works / Real Estate By: City Manager/Designee of City Manager APPROVED AS TO LEGAL SUFFICIENCY: City Attorney VIRGINIA POLYTECHNIC INS~ AND STATE UNIVERSITY Special Assistant Attorney General and Associate General Counsel By: O XDATA\ORDINXNONCODE~GRICULT AGR Title: Rcvtscd. October 23, 1997 - 36- Item V-J. 9. ORDINANCES/RES OL UTIONS ITEM # 42762 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council,4DOPTED: License Refunds in the amount of $$,631. OZ 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. Oberndo~ Nancy K. Parker and Louisa M. Strayhorn. Council Members Voting Nay: None Council Members ~4bsent : Vice Mayor William D. Sessoms, Jr. October 28, 1997 FORM NO C A 8 REV 3 8~ 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 cert~flcahon of the Comm~smoner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Twin B Auto Parts Inc P O Box 1407 Chesapeake VA 23320 Unlimited Transportation Serv Inc 8437 Arthur Dnve Suffolk VA 23438 Waffles & Co Inc 1710 Pacific Ave Va Beach VA 23451 1995-96 Audit 624 95 1995-97 Audit 10 00 1994-97 Audit 490 O0 624 95 10 00 490 00 Th~s ordinance shall be effective from date of adoption The above abatement(s) totaling $1,12495 of the C~ty of V~rg~n~a Beach on the 28th Cerhfled as tp payment ~"~be rt/~ Vaugb/a~--~ "'--Z¢,/Co~rrrm,s/sloner of the Revenue Approved as to form C~ty Attorney were approved by the Council day of Octeber ,1 9 97 Ruth Hodges Smith C~ty Clerk FORM NO C A 8 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 applications for license refunds, upon certiflcabon of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Patterson, Tracy E 2037 Hawland Drive Va Beach VA 23454 Perkins General Contractor Inc 3676 Aruba Court Punta Gorda FL 33950 Roberts, Lan A 2285 Windy P~nes Bend Va Beach VA 23456 Sunset Inc 2973 Shore Drive 106 Va Beach VA 23451 1995-96 Audit 1995-97 Audit 1995-96 Audit 1195-96 Audit Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $1,062 25 of the C~ty of V~rg~n~a Beach on the 28 19 2O 19 2O 646 53 646 53 18 67 18 67 377 85 377 85 Cerbfied as to Payment P ¢/aughan / C~mm~s-~oner ot the Revenue Approved as to form I~. L,II~"" ~ C~ty Attorney were approved by the Council day of Oct. obez: ,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 applicabons for license refunds, upon cert~flcabon of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Gem Inc 615 N B~rdneck Road Va Beach VA 23451 Hot N Cold Inc 570 Garren Avenue Norfolk VA 23509 Le Chalet Restaruant & G~fts Inc 3712 W~ndndge Road Va Beach VA 23452 Moore, Kenneth 2009 Drumheller Court Va Beach VA 23464 1995-96 Audit 259 07 1995-96 Audit 87 20 1996-97 Audit 168 83 1995-96 Audit 50 00 Th~s ordinance shall be effective from date of adoption The above abatement(s) totaling $565.10 of the C~ty of V~rg~n~a Beach on the 28 259 07 87 2o 168 83 5O 00 Certified as to Payment ¢,~ol~r[ P~augha~' Commissioner of the Revenue Approved as to form 'lL-~s~e L Ldley ~,,~' '"% C~ty Attorney were approved by the Council day of Oct. obez: ,1997 Ruth Hodges Smith City Clerk FORM NO C A B 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 cert~ficabon of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Codesm~ths Inc 936 Delaware Avenue Va Beach VA 23451 Colonial Construcbon Co Inc 1537 Custom Street Va Beach VA 23454 Evans, Kelwn P 5200 Buff~ngton Road Atlanta GA 30349 Four Seventy F~ve Inc 24737 Plco Canyon Rd Stevenson Ranch CA 91381 1994-96 Audit 74 01 1996 Audit 31 22 1994 Audit 582 62 1995-97 Audit Th~s ordinance shall be effecbve from date of adopbon The above abatement(s) totaling $2,878 77 28 of the C~ty of V~rg~n~a Beach on the 74 01 31 22 582 62 2,19O 92 2,190 92 Cerbfled as to Payment //'/~_ob'/ert F Vaugha"f/ ~ ~ Co¢~_~fss~oner of the Revenue Approved as to form "~es~e L L,Ile~.~____, ~_~ C~ty Attorney were approved by the Counol October day of ,19 97 Ruth Hodges Smith C~ty Clerk -37- Item V-K.. PUBLIC HEARING ITEM # 42 763 PLANNING Mayor Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. IBOL YA SCHWAB CONDITIONAL USE PERMIT 2. BAPTIST EXTENSION BOARD, INC. CONDITIONAL USE PERMIT 3. BETHEL CHRISTIAN FELLOWSHIP CONDITIONAL USE PERMIT 4. KEMPSVILLE CHURCH OF GOD CONDITIONAL USE PERMIT 5. WOODSTOCK POINT ASSOCIA TION, LLC CONDITIONAL USE PERMIT 6. C & C DEVELOPMENT, L.L.C. CHANGE OF ZONING 7. CH & B ASSOCIATES, L.L.P., THE CAPLAN FAMILY TRUST, THE FLEDER FAMILY TR UST AND KYR US FAMIL Y, L.L.C. CHANGE OF ZONING 8. CITY OF VIRGINIA BEACH AMEND CITY ZONING ORDINANCE SEC. 111,401,501 ADD 507 RE FLEX SUITES SEC. 401 RE DWELLING UNITS/LIVESTOCK BARNS SEC. 901, 1001 RE USE RE G ULA TIONS/EA TING AND DRINKING EST. October 28, 1997 - 38- Item V-K. PUBLIC HEARING ITEM # 42 764 PLANNING Upon motion by Councilman Jones, seconded by Council Lady Strayhorn, City Council APPROVED IN ONE MOTION[terns 1, 2, 3, 4, 5, 6 and 7 of the PLANNING BY CONSENT. Item V-K. 8. a.b.c, was pulled for a separate vote. Voting. I0-0 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,. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. *Council Lady McClanan voted a VERBAL NAY on Item K. 1. (Ibolya Schwab) **Councilman Harrison ABSTAINED on Item K. 7. (CH & B ASSOCIATES, L.L.P., CAPLAN FAMILY TRUST, FLEDER FAMILY TRUST) as his law partner is the Trustee of The Fleder Family Trust October 28, 1997 - 39- Item V-K.I. PUBLIC HEARING ITEM # 42 765 PLANNING Upan motion by Councilman Jones, seconded by Council Lady Strayhorn, City Council ADOPTED the Ordinance upon application of IBOL YA SCHWAB for a Conditional Use Permit; ORDINANCE UPON APPLICATION OF IBOL YA SCHWAB FOR A CONDITIONAL USE PERMIT ROI 0972143 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of lbolya Schwab for a Conditional Use Permit for a home occupation (family day care) on Lot 44, Block B. Windsor Oaks West, Section 1, Part 2. Said parcel is located at 617 North Piping Rock Road and contains 9,807 square feet more or less. KEMPSVILLE BOROUGH The following conditions shall be required: The applicant shall not care for more than twelve (12) children as determined by the State Department of Social Services. 2. Outdoor activtties wtll be limited to 9:00 a.m. to 6:00p. m. This Ordinance shall be effective in accordance with Section 107 O) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth o_f Octobcr Nineteen Hundred and Ninety-Seven. Voting: 9-1 (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, Mayor Meyera E. Oberndorf Nancy K. Parker,. and Louisa M. Strayhorn Council Members Voting Nay: Reba S. McClanan Council Members Absent: Vice Mayor William D. Sessoms, Jr October 28, 1997 - 40- Item V-K.2. PUBLIC HEARING ITEM # 42 766 PLANNING Upon motion by Councilman Jones, seconded by Council Lady Strayhorn, City Council ADOPTED the Ordinance upon application of BAPTIST EXTENSION BOARD, INC., for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF BAPTIST EXTENSION BOARD, INC. FOR A CONDITIONAL USE PERMIT FOR A CHURCH ROI 0972144 BE IT HEREB Y ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Baptist Extension Board, Inc. For a Conditional Use Permit for a church on certain property located at the southwest corner of Independence Boulevard and Round Hill Drtve. Said parcel contains 6.239 acres (KEMPSVILLE BOROUGH). The following conditions shall be required: , , . . The site shall be developed tn accordance with the site plan entitled, "Church Facility for Glenwood Baptist Church" dated August 15, 1995 and prepared by Verebely & Associates, Architects. However, based on comments from Traffic Engtneering, a right-turn lane into the site shah be constructed on Round Hill Drive. Upon further development and construction of the entrance on South Independence Boulevard, a right-turn lane shah be provided by the applicant. The future sanctuary addition shall be in keeping with he above referenced site plan. Landscaping shall be installed in accordance with the Site Plan Ordinance. The structure shall substantially conform with submitted elevations. The exterior of the structure shall consist of red brick with a dark gray shingle roof This Ordinance shall be effective in accordance wtth Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth of October Nineteen Hundred and Ninety-Seven. - October 28, 1997 - 41 - Item V-K.2. PUBLIC HEARING ITEM # 42766 (Continued) PLANNING Voting: 10-0 (By Consent) 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 Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. October 28, 1997 - 42 - Item V-~.$. PUBLIC HEARING ITEM # 42 767 PLANNING Upon motion by Councilman Jones, seconded by Council Lady Strayhorn, City Council ADOPTED the Ordinance upon application of BETHEL CHRISTIAN FELLOWSHIP for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF BETHEL CHRISTIAN FELLOWSHIP FOR A CONDITIONAL USE PERMIT FOR A CHURCH R010972145 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Bethel Christian Fellowship for a Conditional Use Permit for a church addition on the north side of Indian River Road, west of New Bridge Road. Said parcel is located at 1814 Indian River Road and contains 1.02 acres. PUNGO BOROUGH. The following conditions shall be required: . This conditional use permit is approved for additions to the existing church use, including an accessory child care facility, office area, nursery, a sanctuary addition of approximately 50 seats, and a picnic shelter, substantially as shown on the site plan dated August 2, 1997, on.file with the Planning Department. Adjustments to the building footprtnt may be required, depending on the decision of the Board of Zoning Appeals regarding a requested setback variance. . In order to use the depicted unimproved parking area for the church additions, the applicant must apply to the Permit and Inspections Office for a deferral of pavement, curbing and guttering. This deferral, if granted, shall be reviewed annually. . The proposed addition(s) must match the architectural design of the existing building. Prior to site plan approval, building plans shah be reviewed by the Planning Director or his designee for consistency wtth the existing structure. . Setback requirements for all new improvements on this stte shall be measured from the ultimate right-of-way line of Indian River Road. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth of October Nineteen Hundred and Nine~. -Severt October 28, 1997 - 43 - Item V-K.$. PUBLIC HEARING ITEM # 42767 (Continued) PLANNING Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III,, 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 Absent: Vice Mayor William D. Sessoms, Jr October 28, 1997 - 44 - Item V-K.4. PUBLIC HEARING PLANNING ITEM # 42 768 Upon motion by Councilman Jones, seconded by Council Lady Strayhorn, City Council ADOPTED an Ordinance upon application of KEMPSVILLE CHURCH OF GOD for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF KEMPSVILLE CHURCH OF GOD FOR A CONDITIONAL USE PERMIT FOR A CHURCH (EXPANSION)R010972146 BE ,'T HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of KEMPSVILLE Church of God for a Conditional Use Permit for a church (expansion) on the east side of Princess Anne Road, south of Providence Road. Said parcel is located at 4422 Princess Anne Road and contains 4.9147 acres KEMPSVILLE BOROUGH. The following conditions shall be required: Development of the site shall substantially comply with the "Preliminary Plan of Building and Parking Addition to KEMPSVILLE Church of God" prepared by Bench Mark Land Surveyors and Engineers revised dated July 21, 1997, and renderings prepared by Verebely and Associates Architects entitled, "Sanctuary Additions to KEMPSVILLE Church of God" dated April 8, 1997. . The applicant must maintain a 50-foot wooded buffer between the future parking lot expansion and the existing communication tower compound. This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth of October Nineteen Hundred and Ninety-Seven. Voting: 10-0 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 and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr October 28, 1997 - 45 - Item V-M.$. PUBLIC HEARING ITEM # 42 76 9 PLANNING Upon motion by Councilman Jones, seconded by Council Lady Strayhorn, City Council ADOPTED an Ordinance upon Application of WOODSTOCK POINT ASSOCIATES, LLC, for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF WOODSTOCK POINT ASSOCIATES, LLC., FOR A CONDITIONAL USE PERMIT FOR A COMMUNITY BOA T DOCK R010972147 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Woodstock Point Associates, LLC, for a Conditional Use Permit for a community boat dock on certain property located at the northern extremity of Woodstock Road. Said parcel contains 5.5 7 acres. KEMPSVILLE BOROUGH. The following conditions shall be required: . , No trees shah be removed as a result of this proposal. Prior to commencing construction, the applicant shall install tree- protection, acceptable to the Department of Planning, within the eastern peninsula of the site. No buildings, boat launches, or roads shall be permitted on the eastern peninsula of the site. The construction staging area and a single access way shall be delineated with orange construction fencing in the area least likely to disturb land or injure trees. Any disturbed area shall be restored to pre-construction conditions immediately after construction. The number of boat slips shall be limited to 16 to be used solely by the homeowners. This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen_tv-eighth of October Nineteen Hundred and Ninety-Seven. October 28, 1997 - 46- Item V-M.$. PUBLIC HEARING ITEM # 42 76 9 (Continued) PLANNING Voting: 10-0 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 and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr October 28, 1997 -47- Item V-K. 6. PUBLIC HEARING ITEM # 42770 PLANNING Upon motion by Councilman Jones, seconded by Council Lady Strayhorn, City Council ADOPTED an Ordinance upon application of C & C DEVELOPMENT, L.L.C. for a Change of Zoning: ORDINANCE UPON APPLICATION OF C & C DEVELOPMENT,, L.L.C., FOR A CHANGE OF ZONING FROM I-1 TO CONDITIONAL B-2 Z010971088 BE ~THEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of C & C Development, L.L. C, for a Change of Zoning District Classification from l-I Light Industrial District to Conditional B-2 Community Business District on certain property located on the southeast corner of Princes Anne Road and Newtown Road. The proposed zoning classification change to Conditional B-2 is for business land use. The Comprehensive Plan recommend use of this parcel for business/research center use in accordance with other Plan policies. Said parcel contains 2.04 acres. KEMPSVILLE BOROUGH. The following condition shall be required: 1. Agreement encompassingproffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth of October Nineteen Hundred and Ninew, -Sevct~ Voting: 10-0 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. Oberndo~ Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. October 28, 1997 - 48- Item V-K. 7. PUBLIC HEARING ITEM # 42771 PLANNING Upon motion by Councilman Jones, seconded by Council Lady Strayhorn, City Council ADOPTED an Ordinance upon application of CH & B ASSOCIATES, LL.P., THE CAPLAN FAMILY TRUST, THE FLEDER FAMILY TRUST, AND KYRUS FAMILY, L.L.C., for a Change of Zoning: ORDINANCE UPON APPLICATION OF CH & B ASSOCIATES, L.L.P., THE CAPLAN FAMILY TR USE THE FLEDER FAMILY TR US7', AND KYRUS FAMILY, L.L.C., FOR A CHANGE OF ZONING FROM A-12 TO B-2 ZO10971089 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CH & B Associates, L.L.P., The Caplan Family Trust, the Fleder Family Trust, and Kyrus Family, L.L.C., for a Change of Zoning District Classification from A-12 Apartment district to B-2 Community Business District on certain property located on the west side of Windsor Oaks Boulevard beginning at a point 330feet more or less south of Holland Road. The proposed zoning classification change to B-2 is for commercial land use. The Comprehensive plan recommends use of this parcel for suburban medium density residential at densities that are compatible with single-family use in accordance with other plan policies. Said parcel contains .8 acres more or less. KEMPSVILLE BOROUGH. 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 Twenty-third of September Nineteen Hundred and Nine~y-Sever~. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, 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: William W. Harrison, Jr Council Members Absent: Vice Mayor William D. Sessoms, Jr. Councilman Harrison ABSTAINED as his law partner is the Trustee of The Fleder Family Trust October 28, 1997 - 49- Item V-K.8.a. PUBLIC HEARING ITEM # 42771 PLANNING Maxine Graham, 305 7 Sandpiper, Phone: 721-3000 Upon motion by Council Lady Henley, seconded by Councilman Harrison, City Council ADOPTED, AS REVISED application of the City of Virginia Beach re City Zoning Ordinance: Ordinance to AMEND Sections 11 I, 401 and 501 and ADD Section 507 reflex suites in all single-family residential zoning districts and providing safeguards for their use. (staff will monitor/report in 6 months with City Council review in one year) Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III, William W. Harrison, Jr, Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay' None Council Members Absent: Vice Mayor William D. Sessoms, Jr and Louisa M. Strayhorn October 28, 1997 AN ORDINANCE AMENDING THE CITY ZONING ORDINANCE BY ALLOWING FLEX SUITES IN ALL SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS AND PROVIDING SAFEGUARDS FOR THEIR USE SECTIONS AMENDED: CITY ZONING ORDINANCE SECTIONS 111, 401 and 501 SECTION ADDED: CITY ZONING ORDINANCE SECTION 507 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 11 That Sections 111, 401 and 501 of the City Code are hereby 12 amended and reordained and Section 507 is hereby added to read as 13 follows: 14 Sec. 111. Definitions. 15 16 Flex suite A living unit, 17 with separate kitchen and toilet 18 facilities, located within a single-family dwelling and having 19 direct interior access to the primary living unit. 21 Sec. 401. Use regulations (Agricultural Zoning Districts) 22 (a) Principal and conditional uses. The following chart lists 23 those uses permitted within the AG-1 and AG-2 Agricultural 24 Districts. Those uses and structures in the respective agricultural 25 districts shall be permitted as either principal uses indicated by 26 a "P" or as conditional uses indicated by a "C." Uses and 27 structures indicated by an "X" shall be prohibited in the 28 respective districts. No uses or structures other than as specified 29 shall be permitted. 30 Use AG- 1 AG- 2 32 Flex suites, subject to the 33 34 35 provisions of Section 507 P P 36 Sec. 501. Use regulations. 37 (a) Principal and conditional uses. The following chart 38 lists those uses permitted within the R-40 through R-2.5 39 Residential Districts. Those uses and structures in the respective 40 residential districts shall be permitted as either principal uses 41 indicated by a "P" or as conditional uses indicated by a "C." Uses 42 and structures indicated by an "X" shall be prohibited in the 43 respective districts. No uses or structures other than as 44 specified shall be permitted. 45 46 Residential Districts 47 Uses R-40 R-30 R-20 R-15 R-10 R-7.5 R--5D R-5R R- 48 5S R-2.5 5O 51 52 53 Flex suites, subject to the provisions of Sec- tion 507 X P P P KP KP KR KR KP ~P 55 56 Sec. 507. Flex suites. 57 (a) Purpose. The purpose of this section is to enhance the 58 opportunities for affordable housing and independent living 59 available to senior citizens and disabled persons, while 60 maintaininq the tranquility and integrity of single-family 61 residential neighborhoods. 62 (b) Requirements. Subject to the following provisions, flex 63 suites shall be allowed only by permit issued pursuant to 64 subsection (c) and only in single-family dwellinqs in zoning 65 districts in which they are permitted as principal uses: 66 (1) No more than one flex suite shall be permitted on 67 any zoning lot; 68 (2) Flex suites shall not be metered separately for 69 water or electric service or be separately 70 connected to the public water or sewer system; 71 (3) No flex suite may be constructed or occupied in any 72 dwelling unless (i) the owner of record personally 73 resides in such dwelling, (ii) the dwelling in 74 which the flex suite is located is occupied by a 75 person or group of persons meeting the definition 76 of "family" set forth in Section 111, or (iii) the 77 flex suite or dwelling in which it is located is 78 occupied by at least one (1) person who is sixty- 79 two (62) years of age or older or disabled; 80 (4) No flex suite shall have a floor area in excess of 81 five hundred (500) square feet or thirty per cent 82 (30%) of the floor area of the remainder of the 83 dwelling in which it is located, whichever is 84 greater; and 85 (5) No flex suite or dwelling in which a flex suite is 86 located shall be used for purposes of transient 87 occupancy. For purposes of this section, the term 88 "transient occupancy" shall mean occupancy for 89 periods of less than ninety (90) consecutive days. 90 (c) Permits. Flex suite permits shall be valid for a period 91 of one (1) year, and may be renewed on an annual basis pursuant to 92 the procedure specified herein. Applications therefor shall be 93 made to the Department of Planning, signed by at least one (1) 94 owner of record of the property upon which the flex suite is to be 95 located, and shall be accompanied by the followinq items: 96 (1) A deed to the property or current tax bill 97 evidencing the ownership of the property; and 98 (2) A statement, on a form prescribed by the Director 99 of Planning, certifying that the occupants of the 100 dwelling in which the flex suite is to be located 101 will be limited to those persons mentioned in 102 subdivision (3) of subsection (b). 103 A permit shall be granted if the application meets all 104 requirements of this section and other applicable ordinances, and 105 shall otherwise be denied. 106 107 108 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 28th day of October, 1997. 109 110 111 112 CA-97-6759 G: ~ORDN~DATA~PROPOSED~45-401et. ORD R-6 October 21, 1997 - 50- Item V-K. Sb. PUBLIC HEARING ITEM # 42 772 PLANNING Upon motion by Council Lady Henley, seconded by Councilman Baum City Council ADOPTED, AS AMENDED*, application of the City of Virginia Beach re City Zoning Ordinance: Ordinance to AMEND Section 401 re dwelling units in livestock barns in Agricultural Zoning Districts. *The word "livestock" shall be inserted before the word "barns" in the caption and on line 23. The use regulations shall be Princtpal rather than Conditional. The "C" on line 28 shall be changed to "P" under the AG-1 and AG-2 districts. (City Council shall review in one year) Voting: 10-0 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 and Lomsa M. Strayhorn Council Members Vottng Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr October 28, 1997 REQUESTED BY COUNCILWOMAN BARBARA M. HENLEY AN ORDINANCE TO PERMIT DWELLING UNITS IN LIVESTOCK BARNS IN AGRICULTURAL ZONING DISTRICTS AS A CONDITIONAL USE SECTION AMENDED: SECTION 401 CITY ZONING ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 401 of the City Zoning Ordinance is hereby 9 amended and reordained to read as follows: 10 Sec. 401. Use regulations. 11 (a) Principal and conditional uses. The following chart 12 lists those uses permitted within the AG-1 and AG-2 Agricultural 13 Districts. Those uses and structures in the respective agricultural 14 districts shall be permitted as either principal uses indicated by 15 a "P" or as conditional uses indicated by a "C." Uses and 16 structures indicated by an "X" shall be prohibited in the 17 respective districts. No uses or structures other than as specified 18 shall be permitted. 19 · . 20 Use AG-1 AG-2 21 22 23 24 25 26 27 28 Dwelling units, not to exceed one (1), located within livestock barns, to be occupied only by farm employees or persons related to the owner of the property by blood, marriage, adoption or approved foster care P R 29 · . 30 (b) Accessory uses and structures. Uses and structures which are 31 customarily accessory and clearly incidental and subordinate to 32 principal uses and structures, including but not limited to: 33 (1) In connection with agricultural use, no more than 34 one (1) roadside stand for sale of agricultural 35 products produced by the operator of the roadside 36 stand, provided that: 37 (i) No such stand shall exceed one thousand 38 (1,000) square feet in floor area; 39 (ii) No stand shall be erected within fifty (50) 40 feet of the property line fronting on any 41 street; 42 (iii) The operator of the stand must be the owner or 43 operator of the agricultural property on which 44 the stand is located; 45 (iv) At least fifty (50) percent by value of the 46 produce sold from the stand shall have been 47 produced by the operator of the roadside 48 stand. 49 (2) An accessory activity operated for profit in a 50 residential dwelling unit where there is no change 51 in the outside appearance of the building or 52 premises or any visible or audible evidence 53 detectable from outside the building lot, either 54 permanently or intermittently, of the conduct of 55 such business except for one (1) nonilluminated 56 identification sign not more than one (1) square 57 foot in area mounted flat against the residence; 58 where no traffic is generated, including traffic by 59 commercial delivery vehicles, by such activity in 60 greater volumes than would normally be expected in 61 the neighborhood, and any need for parking 62 generated by the conduct of such activity is met 63 off the street and other than in a required front 64 yard; where the activity is conducted on the 65 premises which is the bona fide residence of the 66 principal practitioner, and no person other than 67 members of the immediate family occupying such 68 dwelling units is employed in the activity; where 69 such activity is conducted only in the principal 70 structure on the lot; where there are no sales to 71 the general public of products or merchandise from 72 the home; and where the activity is specifically 73 designed or conducted to permit no more than one 74 (1) patron, customer, or pupil to be present on the 75 premises at any one (1) time. The following are 76 specifically prohibited as accessory activities: 77 Convalescent or nursing homes, tourist homes, 78 massage parlors, radio or television repair shops, 79 auto repair shops, or similar establishments. 8O 81 82 83 84 85 86 Adopted by the City Council of the City of Virginia Beach on this 28th day of October, 1997. CA-6656 G: \DATA\ORDIN\PROPOSED\45-401. ORD 10-28-97 R-4 - 51 - Item VoK. 8c. PUBLIC HEARING ITEM # 42773 PLANNING A motion was made by Councilman Harrison, seconded by Councilman Heischober to DEFER until the City Council Session of November 4, 1997, application of the City of Virginia Beach re City Zoning Ordinance: AMEND Sections 901 and 1001 re use regulations for eating and drinking establishments. Upon SUBSTITUTE MOTION by Council Lady McClanan, seconded by Council Lady Parker, City Council ADOPTED application of the City of Virginia Beach re City Zoning Ordinance: Ordinance to AMEND Sections 901 and 1001 re use regulations for eating and drinking establishments. Voting: 7-3 Council Members Voting Aye: Linwood O. Branch, III, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: John A. Baum, William W. Harrison, Jr. and Harold Heischober, Council Members Absent: Vice Mayor William D. Sessoms, Jr. October 28, 1997 AN ORDINANCE TO AMEND CITY ZONING ORDINANCE REGULATIONS PERTAINING TO CERTAIN EATING AND DRINKING ESTABLISHMENTS SECTIONS AMENDED: CITY ZONING ORDINANCE §§ 901, 1001, 1501, 1511 and 1521 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 901, 1001, 1501, 1511 and 1521 of the City Zoning Ordinance of the City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 Sec. 901. Use regulations [Business Districts]. (a) Principal and conditional uses. The following chart lists those uses permitted within the B-1 through B-4 Business Districts. Those uses and structures in the respective business districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. use B-1 B-IA B-2 B-3 B-3A B-4 Eating and drinking establishments where all fcur three of the following Occur: 1. Alcoholic beverages are served; 2. The establishment is located within five hundred (500) feet of a residential or apartment district; and 3.___~. The establishment excludes mincrs (pcrscns un~cr -~ ~ persons on 46 47 48 49 50 the basis of age during any part of the day, or provides entertainment, audible from an adjoining property. X X C C C C 52 Sec. 1001. Use regulations [Industrial Districts]. 53 (a) Principal and conditional uses. The following chart lists 54 those uses permitted within the I-1 and I-2 Industrial Districts. 55 Those uses and structures in the respective industrial districts 56 shall be permitted as either principal uses indicated by a "P" or 57 as conditional uses indicated by a "C." Uses and structures 58 indicated by an "X" shall be prohibited in the respective 59 districts. No uses or structures other than as specified shall be 60 permitted. 61 Us e I - 1 I-2 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 Eating and drinking establishments where all four three of the following occur: 1. Alcoholic beverages are served; 2. The establishment is located within five hundred (500) feet of a residential or apartment district; and ..................... cpc~ut~o ut .... t:me ~tw .... .~-00 ........ ~ ....... 2-00 .... . . ; 3. 4~.The establishment excludes minors :persons on the basis of age during any part of the day, or provides entertainment audible from adjoining property. C C 80 81 82 Sec. 1501. Use regulations [RT-1 Resort Tourist District]. 84 (b) Conditional uses and structures: Uses and structures 85 hereinafter specified, subject to compliance with the provisions of 86 part C of article 2 hereof: 88 (2) Restaurants operated in conjunction with hotels and 89 motels where all thrcc (3) both of the following occur; 90 provided, however, that drive-through facilities shall 91 not be permitted: 92 (i) Alcoholic beverages are served; and 93 94 LLL.L.'~,.,4.,,L.L.L."~.L,L~.,, '-,.,L.L.,L'%.,,,L F.d · v v ~ . LLL. ; ~,,,L.L,L%.,,L 95 ~ ~ ~ ii The establishment excludes 96 persons on the basis of age during 97 any part of the day. 99 Sec. 1511. Use regulations [RT-2 Resort Tourist District] 100 101 (c) Conditional uses and structures: Uses and structures 102 hereinafter specified, subject to compliance with the provisions of 103 part C of article 2 hereof; provided, however, that except as set 104 forth in subdivision (5.5), drive-through facilities shall not be 105 permitted as a conditional or accessory use: 106 .... 107 (6) Eating and drinking establishments where all thrcc (3) both of 108 the following occur: 109 (i) Alcoholic beverages are served; and 110 111 ~ LLL LLL.I.'k~L.L~L.L.'~.,L.L%... %,,,4..L.L~.~L F.d · ~' V . · ; I~I..L.L~4. 112 ~' ~ ~ ii The establishment excludes ...i_..i...i. 113 --~ /~ ~ ....... '~ "'"~"~ persons on the basis of age during 114 any part of the day. 115 116 117 Sec. 1521. Use regulations [RT-3 Resort Tourist District] 118 .... 119 (c) Conditional uses and structures: Uses and structures 120 hereinafter specified, subject to compliance with the provisions of 121 part C of article 2 hereof; and provided, that except as set forth 122 in subdivision (5.5), drive-through facilities shall not be 123 permitted as a conditional or accessory use in any portion of the 124 district east of Arctic Avenue, south of Winston-Salem Avenue and 125 4th Street, or north of 35th Street: 126 .... 127 (6) Eating and drinking establishments where all ~-^-~..~ ,/~, both of 128 the following occur: 129 (i) Alcoholic beverages are served; and 130 131 132 (~) (ii) The establishment excludes .L..L..L. L L L,.I..L .L~.,~ ,J,. ~ % ,~ ~,., ,.L. I,~ %.,~ .L .L I.~ '*..L,,L .I. %.4. ~.. J-- I--. VV ~,,, .L .L ~...~ 133 persons on the basis of age during 134 any part of the day. 135 .... 136 137 Adopted by the City Council of the City of Virginia Beach 138 on this 28th day of October, 1997. 139 140 141 142 CA-97-6781 G: ~ORDIN~DATA~ PROPOSED~ 45- 901ET. ORD September 24, 1997 R-4 Item V-L. APPOINTMENTS ITEM # 42774 B Y CONSENSUS, City Council RESCHEDULED tkefollowing APPOINTMENTS: BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY PRESER VA TION AREA BOARD HISTORICAL REVIEW BOARD SENIOR SER VICES OF SOUTHEASTERN VIRGINIA October 28, 1997 - 53 - Item V-L. 1. NEW BUSINESS ITEM # 42775 Upon motion by Councilman Baum, seconded by Council Lady Parker, City Council: Rescheduled December 23, 1997 Meeting to December 16, 1997 at 6:00 PM. Voting: I0-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, II[, William 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 Absent: Vice Mayor William D. Sessoms, Jr October 28, 1997 - 54 - Item V-L.2. NEW BUSINESS ITEM # 42 776 Council Lady McClanan referenced: PUBLIC HEARING JET SKI AD VISOR Y COMMIITEE CITY COUNCIL CHAMBER October 29, 1997 6:30 P.M. October 28, 1997 - 55 - Item V-L.3. NE W BUSINESS ITEM # 42 777 Council Lady Henley requested the City Manager schedule a City Council Workshop to consider Community Conversations previously hem and determine future options. October 28, 1997 - 56- Item V-L 3. NEW B USINESS ITEM # 42 778 Council Members Henley, Parker and McClanan requested a briefing on the proposed Comprehensive Plan be scheduled November 4, 1997, prior to the City Council's action on the Plan during the Formal Session. The City Manager has requested Mr. Robert Scott, Director of Planning, to prepare a listing of possible amendments to the Comprehensive Plan, which will be discussed. The City Manager requested Council Members forward any suggestions. Council Lady Parker referenced correspondence from Mrs. Baldwin on West Neck Parkway, who has concerns relative the sewer line and the relationship with Lake Ridge and her property. Council Lady McClanan believed this item shouM be addressed with relation to the Plan. October 28, 1997 -57- Item V-O. ADJOURNMENT ITEM # 42 779 Mayor Oberndorf DECLARED the C~ty Council Meeting ~JOURNED at 8:$5 P.M. Beverly 0. Hooks, CMC/,4AE Chief Deputy City Clerk Ruth~ City Clerl~ Meyera E. Oberndorf Mayor City of Virginia Beach Firginia October 28, 1997 -57- Item V-O. AD JO URNMEN T ITEM # 42779 Mayor Oberndorf DECLARED the Ctty Council Meettng ADJOURNED at 8:35 P.M. Beverly 0 Hooks, CMC/AAE Chtef Deputy City Clerk Councd Member - Blackwater Borough Ruth Hodges Smtth, CMC/AAE Ctty Clerk Meyera Et Mayor Ctty of Vtrgtnta Beach Vtrgtnta October 28, 1997 CITY OF VIRGINIA BEA CH SUMMARY OF COUNCIL ACTIONS H , -- 0 S H M B T A S C E S R DATE. October 14, 1997 I~ R C H C R P E A PAGE: 1 R IR 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 , I BRIEFINGS A T C C / VA BEACH SCHOOLS Dr Timothy R TECHNICAL CENTER Jenney School Supenntendent Darnel J Arris Chair Sch Brd Dr Patnck M Konopmck~ Dir Tech/Career Ed VB Schools Anthony L Arnold Dir Facd~ties Ping/ Construction VB Schools DrET Buchanan Provost TCC B AMPHITHEATER SOUND A Wdham Re~d ATTENUATION President Cellar Door II/111/ CERTIFICATION OF EXECUTIVE CERTIFIED 9-0 Y Y Y A Y Y Y Y Y Y A IVNI SESSION E , .. ,., .., F MINUTES October 7, 1997 APPROVED 9-0 Y Y Y A Y Y Y Y Y Y A G AGENDA FOR FORMAL SESSION ADOPTED B Y C O N $ E N S U S and ADDED COURT 9-0 Y Y Y A Y Y Y Y Y Y A ORDER RE LYNNHAVEN UNITED METHODIST CHURCH CUP ,,. H/l/1 Resolution to support leg~slabon to ADOPTED 9-0 Y Y Y A Y Y Y Y Y Y A designate Our Lady of Perpetual Help BY CONSENT Health Center exempt from taxabon 2 Resolution to approve ~ssuance of ADOPTED 8-0 Y Y Y A Y Y Y Y Y A A Development Authonty's Industrial BY CONSENT B Revenue Bonds S T CAPE HENRY COLLEGIATE A SCHOOL INC $4,500,000 I N E D ~ , 3 Resolution to appoint Elizabeth E Fox ADOPTED 9-0 Y Y Y A Y Y Y Y Y Y A as Assistant City Atty effective 10/16/97 BY CONSENT J/1 Ordinance to APPROPRIATE $992,635 ADOPTED 9-0 Y Y Y A Y Y Y Y Y Y A re study of Correctional Center's future BY CONSENT needs/salary increases/equ~pment/tax- deferred Supplemental Rebrement System , 2 Ordinance to amend Capital Budget/ ADOPTED 9-0 Y Y Y A Y Y Y Y Y Y A establish CIP Norfolk-Southern r-o-w BY CONSENT Acqu~mtlon/APPROPRIATE $255,000 from TGIF/TRANSFER $35,898 , CITY OF VIRGINIA BEA CH SUMMARY OF COUNCIL ACTIONS H E 0 S H I M B T A S C E S R DATE: October 14, 1997 B R C H C R P E A PAGE' 2 R R H E J L N A S Y B A 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 Ordinance to APPROPRIATE $78,000 re ADOPTED 9-0 Y Y Y A Y Y Y Y Y Y A Tennis Pro at Owl Creek Municipal Tenms BY CONSENT Center 4 OrdInance to APPROPRIATE $25,945 ~,DOPTED 9-0 Y Y Y A Y Y Y Y Y Y A from Parks/Rec G~ft Fund for supphes/ BY CONSENT matenals/special events/other related needs 5 Tax Refunds. $25,932.28 APPROVED 9-0 Y Y Y A Y Y Y Y Y Y A BY CONSENT , K/1 BAITA DEVELOPMT CO Mod~ficabon to :)EFERRED 9-0 Y Y Y A Y Y Y Y Y Y A Green Run Land Use Plan on Buckner INDEFINITELY Boulevard/Independence Boulevard re BY CONSENT modifying site plan dated June 96/ developing outparcel Parcel "H" (KEMPSVILLE BOROUGH) 2 Ordinance in petition of ALLSAFE SELF AUTHORIZED 8-0 Y Y Y A Y Y Y Y Y A A STORAGE for closure of porbon of S FINAL B Kentucky Ave (KEMPSVILLE BOROUGH) APPROVAL S T A I N E D ,, 3 LADM ASSOCIATES/LENA SANCILIO/ APPROVED/ 5-3 Y Y Y A Y Y N N N A A CONTRACTOR'S PAVING CO for closure CONDITIONED B of porbon of Avenue E (LYNNHAVEN UPON S BOROUGH) COMPLIANCE T BY 03/24/98 A BY CONSENT I N E D , 4 ASHER PROPERTIES Modlficabon to APPROVED/ 9-0 Y Y Y A Y Y Y Y Y Y A CUP (12/12/88) auto repmr (Grease CONDITIONED Monkey Qu~ck Lube) at 2841 VA Beach BY CONSENT Blvd (LYNNHAVEN BOROUGH) 5 RALPH KNAPP CUP. contractors storage APPROVED/ 9-0 Y Y Y A Y Y Y Y Y Y A yard on Central Drive London Bridge CONDITIONED Industrial Park II Ph One (LYNNHAVEN BY CONSENT BOROUGH) , , 6 HALL TIDEWATER CUP. motor vehicle APPROVED/ 9-0 Y Y Y A Y Y Y Y Y Y A sales/service at 3216 Virginia Beach Blvd CONDITIONED (LYNNHAVEN BOROUGH) BY CONSENT , 7 EAST COAST BAPTIST CHURCH CUP. APPROVED/ 9-0 Y Y Y A Y Y Y Y Y Y A church (expansion) at 5149 Indian R~ver CONDITIONED Road (KEMPSVILLE BOROUGH) BY CONSENT 8 CRAIG A ROSENBERG CUP. auto APPROVED/ 7-2 Y Y Y A Y Y N Y N Y A repair/sales at 851 South Lynnhaven Rd CONDITIONED (PRINCESS ANNE BOROUGH) 9 ROBERT L NELSON/BARBARA N GRAY on West Landing Road (PRINCESS ANNE BOROUGH) COZ from AG-2 to Conditional B-2 APPROVED AS 9-0 Y Y Y A Y Y Y Y Y Y A PROFFERED/ BY CONSENT CUP: boat storage/commercial marina APPROVED/ 9-0 Y Y Y A Y Y Y Y Y Y A CONDITIONED BY CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S , H I M B T A S C E S R DATE' October 14, 1997 B R C H C R P E A PAGE: 3 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 L APPOINTMENTS RE- SCHEDULED BOARD OF BUILDING CODE APPEALS HISTORICAL REVIEW BOARD SENIOR SERVICES OF SOUTHEASTERN VIRGINIA ,, , REVIEW AND ALLOCATION APPOINTED 9-0 Y Y Y A Y Y Y Y Y Y A COMMITTEE (COIG) Thomas Y Lawrence (No Term) M/ LYNNHAVEN UNITED METHODIST APPROVED/ 9-0 Y Y Y A Y Y Y Y Y Y A ADD- CHURCH CUP for 2 monopole towers at CONDITIONED ON L~ttle Neck/Red Oak Roads (LYNNHAVEN BOROUGH) , N/O ADJOURNMENT. 3 10 PM , COMMUNITY CONVERSATIONS Princess Anne High School October 21, 1997 * * * * , * . , * , , . , . , . , · * CITY COUNCIL SCHEDULE - NOVEMBER 1997 November 4 Informal Session (as regularly scheduled) Formal Session - 2:00 PM November 11 Rescheduled to November 18 Informal Session (as regularly scheduled) Formal Session - 2:00 PM (Planning Items - 2:30 PM) November 25 - Informal Session (as regularly scheduled) Formal Session - 6:00 PM (Planning Items - 6:30 PM) * , * * , * , . * ,