FEBRUARY 22, 2005 MINUTES
CITY OF VIRGINIA BEACH
ACOMMUNITY FOR A LIFETIME@
MAYORMEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
HARRY E. DIEZEL Kempsville - District 2
ROBERT M. DYER, Centerville - District I
REBA S. McCLANAN, Rose Hall - District 3
RICHARD A. MADDOX, Beach - District 6
JIM REEVE, Princess Anne - District 7
PETER W SCHMIDT, At-Large
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL
CITY COUNCIL AGENDA
CITY HALL BUiLDING
2401 COURTHOUSE DRIVE
VIRGINiA BEACH, ViRGiNIA 23456-8005
PHONE:(757) 427-4303
FAX (757) 426-5669
E-MAIL: Clycncl@vbgov.com
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE 1. ULLEY
CiTY CLERK - RUTH HODGES SMITH, MMC
22 FEBRUARY 2005
I.
CITY MANAGER'S BRIEFINGS
- Conference Room -
1 :30 PM
1. BUILDING A "FIRST CLASS RESORT"
David C. Sullivan, Chieflnformation Officer
2. SURRY REGULATIONS
Michael Eason, Resort Services Coordinator - Convention and Visitor's Bureau
3. POLICE FIRING RANGE
Deputy Chief Gregory G. Mullen - Police Department
4. REAL ESTATE ASSESSOR - ANNUAL REPORT
Jerald D. Banagan, Real Estate Assessor
II. CITY COUNCIL COMMENTS
III. REVIEW OF AGENDA ITEMS
IV. INFORMAL SESSION
- Conference Room -
4:00PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
6:00PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend Rick Hocker
Freedom Fellowship
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL AND FORMAL SESSIONS
February 8, 2005
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARING
1. EXCESS CITY-OWNED PROPERTY at
2220 WEST BERRIE CIRCLE
I. CONSENT AGENDA
J. ORDINANCES
1. Ordinance to AMEND the City's Open Air Cafe regulations to establish guidelines and
allow sidewalk cafes between 15th and 24th Streets on Atlantic Avenue. (Deferred February 8,
2005)
2. Ordinance to DECLARE as EXCESS PROPERTY a twenty-five foot (25') wide strip of
land adjacent to 2220 West Berrie Circle and AUTHORIZE the City Manager to execute an
Agreement of Sale to AOS Properties, LLC.
3. Ordinances to ACCEPT Grants and APPROPRIATE the funds as follows:
a. $753,629 from the Department of Criminal Justice Services Law Enforcement
Terrorism Prevention Program (LETPP) to the FY 2004-05 Operating Budgets of the
Police and Sheriffs Department re equipment and technology
b. $35,000 from the Federal Emergency Management Agency (FEMA) to the FY 2004-05
Fire Department Operating Budget re funding the Citizen Corps Council (CERT)
c. $15,000 from the Virginia Foundation for the Humanities to the FY 2004-05 Library
Department Operating Budget re the study of African-American Genealogy in Virginia
d. $9,180 (the second ofthree grants) from the Norfolk Foundation, to the FY 2004-05 Library
Department Operating Budget re access to online databases
4. Ordinance to AUTHORIZE the City Manager to execute an AMENDED Cost Participation
Agreement with KGS Construction Company re road improvements along Stumpy Lake Lane
and Archdale Drive.
5. Ordinances to AUTHORIZE temporary encroachments into the City's right-of-way for:
a. FRED C. MCKINNEY at Cullen Road re water, sewer, stormwater pipe and driveway
(DISTRICT 4 - BA YSIDE)
b. WINIFRED J. and MICHAEL D. MARQUART at 1100 Wythe Lane re pavers, stone
call box, electrical conduit, columns and fencing (DISTRICT 5 - L YNNHA YEN)
6. Ordinance to AUTHORIZE acquisition of property in fee simple for easements by agreement
or condemnation re right-of-way for Shipps Corner Road Bridge replacement
K. PLANNING
1. Variance to ~4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all
the requirements of the City Zoning Ordinance (CZO) for CARLTON E. and LAURA R.
SEAYat 1301 Harris Road. (DISTRICT 5 - LYNNHAVEN)
RECOMMENDATION:
APPROV AL
2. Application of FIVE DOG NIGHT, L.L.C. for a Conditional Use Permit re a commercial
kennel at 2901 Shipps Corner Road. (DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROVAL
3. Application of KENNETH A. HALL FAMILY PARTNERSHIP for a Conditional Use Permit
re motor vehicle sales and service at 4372 Holland Road.
(DISTRICT 3 - ROSE HALL)
RECOMMENDATION:
APPROVAL
4. Application of GEORGE B. and EDNA F. P AULMINO for a Conditional Use Permit re
housing for seniors and disabled persons at 1236 Kempsville Road.
(DISTRICT 2 - KEMPSVILLE)
RECOMMENDATION:
APPROV AL
5. Application of SBA COMMUNICATIONS, INC. for a Conditional Use Permit re
communication tower at 2165 Pungo Ferry Road. (DISTRICT 7 - PRINCESS ANNE)
DEFERRED INDEFINITELY
REFERRED TO PLANNING COMMISSION
STAFF RECOMMENDATION:
PLANNING COMMISSION RECOMMENDATION:
MAY 28,2001 and AUGUST 28, 2001
NOVEMBER 9, 2004
DENIAL
APPROVAL
6. Application of REED ENTERPRISES, INC. at Dam Neck and Holland Roads:
(DISTRICT 7 - PRINCESS ANNE)
a. Change ofZoninf! District Classification from AG-2 Agricultural District to Conditional
B-2 Community Business District
b. Conditional Use Permit re an automobile repair establishment
RECOMMENDATION:
APPROVAL
7. Application of AEG PROPERTIES, L.L.c. at London Bridge and Harpers Roads:
(DISTRICT 7 - PRINCESS ANNE)
a. Change of Zoning District Classification from AGl and AG-2 Agricultural Districts and R-
20 Residential District to Conditional 1-1 Light industrial District
b. Conditional Use Permit re bulk storage of boats and RV's
STAFF RECOMMENDATION:
PLANNING COMMISSION RECOMMENDATION:
APPROVE REZONING/DENY CUP
APPROV AL
8. Application of ATLANTIC ENTERPRISES, INC. for the discontinuance, closure and
abandonment of a portion of 29 ~ Street at Pacific Avenue. (DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROV AL
9. Application of THE T AYLOR GROUP, L.L.L.P., Claude B. Brown, Betty B. and R. Edward
Bourdon, Jr. for the discontinuance, closure and abandonment of a portion of Old London
Bridge Road at Harpers and London Bridge Roads.
(DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION:
APPROVAL
L. APPOINTMENTS
Community Policy and Management Team - CSA At Risk
Development Authority
Francis Land House Board of Governors
Health Services Advisory Board
Investment Partnership Advisory Committee
Minority Business Council
Parks and Recreation Commission
Towing Advisory Board
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: Virginia Relay Center at
1-800-828-1120
***********
Agenda 2/22/05st
www.vbgov.com
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
22 February 2005
Mayor Meyera E. Oberndorf called to order the City Manager's Briefing re BUILDING A "FIRST CLASS
RESORT", in the Council Conference Room, City Hall, on Tuesday, February 22,2005, at 1:30 PM.
Council Members Present:
Robert M, Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan,
Richard A, Maddox, Mayor Meyera E. OberndorJ, Jim Reeve, Peter
W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Absent:
Harry E. Diezel
[Out of the City - previous commitment]
- 2-
CITY MANA GER 'S BRIEFING
BUILDING A "FIRST CLASS RESORT"
ITEM # 53595
1:30 P.M.
The City Manager referenced the City Council has established a vision and gives clear direction, not just
for a "First Class Resort", but for the entire City, City Council requested re the City's financial and debt
capacity, that over the next four (4) weeks, through a series of discussions, the staff shall show how
decisions lead to that greater vision. The information presented is inter-related.
Achieving the Vision.. Decision by Decision
February 22, 2005
Discuss the overall City vision and the "First Class Resort. "
March 1,2005
Bus Rapid Transit (BRT) Vehicle display
March 4, 2005
City Council Mid-year Workshop
March 8, 2005
The Old Beach District Center Plan and the major steps
needed to develop and implement the Plan
March 15, 2005
The Resort Area Mobility Plan (RAMP) includes Bus Rapid
Transit (BRT) and 30th and 31" Streets
March 22, 2005
Review of financial and debt capacity and financing alternatives
March 29, 2005
City Council is presented the Biennium Operating Budget and
Capital Improvement Program
Since 1991, the City's direction has focused infour (4) areas: Quality, Economic Vitality, Education and
Strategic Choices.
Examples of Achieving the Vision
Synergy and energy in the Central Business District with success of
Town Center and properties throughout a much bigger area
Creation of Princess Anne Commons
Redevelopment of the Resort Area with new quality hotels, businesses
and homes
Moving toward fundamental changes in the Resort Area with
development of a true "First Class Resort".
There are five (5) new hotels under construction in the Resort area. Success is being seen through the
consistent application of City Council's previous direction, The City Manager recently made a presentation
to the Central Business District Association which characterized the City's path forward as:
Reflecting on today's - and yesterday's achievements
Reinvesting in the capital and social infrastructure of the community
Redefining the future
February 22, 2005
,-
- 3 -
CITY MANA GER 'S BRIEFING
BUILDING A "FIRST CLASS RESORT"
ITEM # 53595 (Continued)
The City Manager, introduced David Sullivan, Chief Operating Officer, who will focus on the Oceanfront
re creating a "First Class Resort". David volunteered to format this project and compiled a Task Force
to assist.
David Sullivan advised in the Summer of 1973, he was employed by the Planning Department and reflected
upon hisjirst observation of a model of a Land Use Plan for the Oceanfront (developed in the late 1960's)
with high rise buildings and hotels and different corridors for the 21" and 22nd Street, This plan never
developed to fruition. The concept is what the City has been planning for the Oceanfront for a long time,
Mr. Sullivan cited the Resort Area Boundaries:
42nd Street to the North
The Atlantic Ocean to the east
Rudee Inlet to the south
Birdneck Road to the west
In August 2004, City Council made the "First Class Resort" initiative a top priority for 2004-05 and listed
the ingredients:
Determine City Council's commitment to Vision
Resort Behavior
Entertainment District
Hotel Quality
Businesses for Resort
Sign age Improvements
Dog Park
Rudee Loop Park
Advertising Program for locals
A "First Class Resort" would encompass:
A safe, fun and inviting environment for all ages all year round
Quality hotels, shops and restaurants adding excitement and activity
Variety that would appeal to almost any background or taste
Year round entertainment within convenient walking distance to
conference and resort hotels
Afun destination for our Summer tourists
An attractive location for conventions
Hotel for thousands of current and new neighborhood residents
A year round destination for Virginia Beach residents for shopping,
dining, entertainment and employment
February 22, 2005
- 4 -
CITY MANA GER 'S BRIEFING
BUILDING A "FIRST CLASS RESORT"
ITEM # 53595 (Continued)
The Oceanfront Resort Area Concept Plan was adopted by City Council on June 28, 1994, The same
concepts appear today re a "First Class Resort".
The 2003 Comprehensive Plan Policy Document (Adopted by City Council December 2, 2003, and
AMENDED a year ago also encompasses the Resort Area Concept Plan, by reference, and again
encompasses similar concepts:
Look at the Oceanfront Resort Area as a unified entity
Devise a parking and circulation system aimed at serving this unified
entity.
Increase economic development opportunities by identifYing and
aggressively marketing or developing key areas
Create resort area gateways
Continue improving the quality of the Resort Area's physical
environment
A Tangible Vision
The ocean side of Atlantic Avenue would continue to be primarily hotels:
With a broad range of quality lodging and dining from four star
to modest
Convention quality facilities
High quality architecture would be emphasized
Some residential would be mixed in but as a secondary use
The west side of Atlantic Avenue could redevelop to a higher density than at present:
Consist of a blend of uses, including retail, restaurant, some lodging
and entertainment at the street level
Have some residential mixed in probably at the upper levels of
buildings
Buildings would generally be of a smaller scale than the hotels in
order to begin to step down building height and intensity as you move
toward the neighborhoods
Parking would be accommodated in these blocks as well
February 22, 2005
-5-
CITY MANA GER 'S BRIEFING
BUILDING A "FIRST CLASS RESORT"
ITEM # 53595 (Continued)
Pacific Avenue would rachet down in intensify a bit more:
Re-establish existing commercial as great places to shop and work
Buildings more in the 3 to 4 story-range
Continuing to be mixed in use
But would have a heavier emphasis on residential
19'h Street and Virginia Beach Boulevard Corridor to the Convention Center and
the Laskin Road Gateway area:
Become a vibrant mixed-use District Center between the Convention
Center and the beach
Be a District of pedestrian-friendly streets
West of Arctic Avenue with established residential areas the emphasis would be
on a quieter, stronger neighborhoods:
Reflect the beach cottage traditions
Benefit from being in an active urban resort environment
Require higher levels of service in order to mitigate intense Summer
tourist impacts
Restore these residential neighborhoods as great places to live
Progress to Date
The pilot lighting improvement project on Atlantic Avenue is complete
A proposal to add a permanent staff member to support the ongoing efforts and
expansion of the Friendship Patrol and Youth Intervention Team has been
developed for the FY 2005-06 Operating Budget to be presented to City Council on
March 29, 2005.
Study and design recommendations for an "Entertainment District" as part of the
Old Beach District Project will be presented to City Council on Mach 8, 2005
February 22, 2005
- 6-
CITY MANAGER'S BRIEFING
BUILDING A "FIRST CLASS RESORT"
ITEM # 53595 (Continued)
Progress to Date
(Continued)
Convention and Visitors Bureau continues to work with the Hotel and Motel
Association to refine and enforce hotel standards as part of the Tourism
Advertising program.
The combined inspection program, a multi-departmental coordinated code
enforcement effort, resulted in a 56% decline in visitor complaints in 2004
Convention and Visitors Bureau will completely revamp its visitor survey and
analysis program for 2005. The new program will use companies with a national
survey and measurement experience related to the tourism industry.
The Retail Study conducted in 2004 called for an increase in year 'round
residents in the Resort Area in order to better support quality retail at the resort,
This component, as well as a proposal for creating a mixed use development
along 1 ~h Street is part of the Old Beach District project to be presented on March
8, 2005.
Two projects have been proposed for the Capital Improvement Program to address
signage improvements at the resort. These projects will be part of the 2005-2006
Capital Improvement Program presented to City Council on March 29, 2005: Bike
Path and Boardwalk signage improvements. Study BeachStreet USA graphics..
A dog park has been proposed as part of the Marshview Property proposal, This
proposal is a long-range project which may take several years to accomplish
A Capital Improvement Program Project has ben developed to create a temporary
surface parking lot on portions of the Rudee Loop property, This project will be
part of the 2005-2006 Capital Improvement Program presented to City Council on
Mach 29, 2005:
A $75,000 advertising program for local residents has been funded. The Resort
Advisory Commission (RAC) - Communications Subcommittee recommended a
plan, which has been approved in concept by the Resort Advisory Commission, The
program will be conducted this Spring and Summer,
Mr. Sullivan reviewed the Capital Improvement Projects underway in the Oceanfront area which were
depicted on a map prepared by Public Works (location outlined and coded reflecting completion year).
February 22,2005
- 7-
CITY MANA GER 'S BRIEFING
BUILDING A "FIRST CLASS RESORT"
RESORT AREA CIP PROJECTS
(APPROVED MAY 11, 2004)
Economic Vitality Roadway Stormwater Water Utility
Convention Center Laskin Road Gateway North Lake Holly Laskin Road - Phase II and
Gateway
BeachStreet USA - Phase I Birdneck Road - Phase II South Lake Holly Resort Area Neighborhood
Revitalization
31't Street Parking Garage Laskin Road - Phase I Goodspeed Road Drainage
1 C/h Street Corridor Laskin Road - Phase II Arctic Avenue - Baltic
Avenue
Rudee Walk - Phase I North Beach Drainage
Rudee Lop - Phase I
Beach Erosion/Hurricane
Protection
RESORT AREA CIP PROJECTS
(APPROVED MAY 11,2004)
Sewer Utility Coastal Cultural and Recreation
Resort Area Neighborhood Rudee Inlet Infrastructure Virginia Aquarium Elevated
Revitalization Crosswalk
Laskin Road Sewer improvements - Rudee Inlet Outer Channel Virginia Aquarium Renewal and
Phase I Replacement
Laskin Road - Phase II and Gateway Beach Replenishment Virginia Aquarium Original Exhibit
Gallery Renovation
Virginia Beach Middle School Rudee Inlet Federal Dredging Camp Pendleton Parking Lot and
Water/Sewer Restrooms
Red Wing Golf Course
ITEM # 53595 (Continued)
Mr. Sullivan advised the new projects proposed for the FY 2005-06 Capital Improvement Program:
19th Street corridor improvements
Rudee Loop Surface Parking
Bus Rapid Transit
Beach Maintenance Facility
Headquarters Hotel
BeachStreet USA - Phase I
Bike Path and Boardwalk Sign age
11h Street Park Storage Facility
BeachStreet USA Graphics Study
February 22, 2005
-8-
CITY MANAGER'S BRIEFING
BUILDING A "FIRST CLASS RESORT"
ITEM # 53595 (Continued)
Council Lady McClanan expressed concern re the proliferation of "litter" boxes containing advertising at
the Oceanfront. Instead of decreasing, these boxes have increased. These had been discussed a couple of
years ago,
The City Attorney advised information contained in the "news boxes" deals with commercial and non-
commercial First Amendment material and can be regulated as to time, place and manner. However, the
placement must provide reasonable access to the individuals who might wish these materials,
The City Manager advised a Sub Committee of the Resort Advisory Commission has a solution, which will
consolidate and limit the number of locations.
Relative the location of the dog park, Mr, Sullivan advised Marshview is right behind the Trailer Park on
the 17'h Street Corridor.
Mr. Sullivan advised the Oceanfront contains the oldest infrastructure (water and sewer utility lines) in the
City. The majority of utility lines are fifty (50) to eighty (80) years old.
Vice Mayor Jones inquired if the City Council would receive a presentation re Capital Improvement Projects
in the Northern and Western portion of the City, This would allow a comparison of the entire City. Vice
Mayor Jones requested a presentation on the Bayside Action Plan. Vice Mayor Jones believed it is important
for the public to understand not all the funds are being expended at the Oceanfront.
Mr. Sullivan advised prioritization of projects based on need would be discussed. The City Manager advised
any decisions re projects would have to be made in context with the entire City. There are twelve (I 2)
strategic growth areas. The City staff has been working with Vice Mayor Jones and Councilman Dyer re
Centerville and Bayside.
February 22, 2005
-9-
CITY MANA GER 'S BRIEFING
SURREY REGULATIONS
2:35 P.M.
ITEM # 53596
Mike Eason, Resort Services Coordinator - Convention and Visitor's Bureau, referenced the proposal to
regulate and manage the Surreys in the Resort area. In 1998, the Resort Advisory Commission was
approached by an operator who wished to introduce Surreys on a trial basis, Ten (10) Surreys were placed
on the Oceanfront in 1998 and immediately became popular. So popular, the existing bike rental operators
began having the Surreys as part of their inventory. When a concept becomes popular, and there is an
increase in the number, issues arise. Last year, a committee was formed comprised of members from the
Convention and Visitors Bureau, Police Department and Zoning to review alternatives re managing the
number of surreys in the Resort.
City Code Section 7-1 defines surrey as a "four-wheeled pedal-powered vehicle capable of seating two or
more persons". The four-person surrey is probably the most popular.
The proposed Ordinance addresses the following issues:
Proliferation of Surreys and Resulting Congestion on the Bike Path:
Started out with 50 surreys
Surrey Survey Year
2001
2003
2004
Number
101
160
171
Growing Safety Concern
There are no rules for operation
Reckless operation and accidents
Some are being operated on the Boardwalk, Atlantic Avenue
sidewalks, side streets and Arctic and Baltic Avenues
Storage of Surreys on Sidewalks, Green Belt and other public places
Mr. Eason displayed photographs depicting violations. The Committee reviewed various options; however,
there was a strong recommendation from the Resort Advisory Commission that 170 surreys are too many.
Permit Requirements
Will issue 140 total permits to franchised rental operators
Number of permits are restricted to five (5) per location
Permit will cost $100 each
Permits valid for one year
Permit must be visibly displayed at all times
Rental agency must prove the surrey storage and rental facility is on private
property
After 2007, permits only valid in RT-1 District
Approximately seven (7) locations in RT-2 District
Approximately sixty-five (65) surreys rented in RT-2 District
February 22,2005
- 10-
CITY MANA GER 'S BRIEFING
SURREY REGULATIONS
ITEM # 53596 (Continued)
The majority of surreys added during the last several years have come on the west side of Atlantic Avenue,
basically retail shops which have added surreys to their inventory. There is very little, if any, additional
capacity along the Boardwalk to add ad4itional space for surreys. The proliferation is occurring on the west
side.
Grant of Permits
City Manager is authorized to develop guidelines for permit issuance and
revocation
Advertisements on surreys are prohibited
Resort Management Office may revoke or suspend any permit for an ordinance or
guideline violation or for public safety concerns
Any person who rents a surrey without a permit is guilty of a Class 3 misdemeanor
Storing or parking a surrey on public property is prohibited
Permits may be revoked for ordinance violations or to address public safety
concerns
Operational Guidelines
Rental hours are 8:00 AM to 11:00 PM
No more than five (5) surreys can be rented at one rental location
Surreys cannot be stored or rented on public property
Permit decal must be conspicuously displayed on the surrey
Surrey must have a sign stating only the name of rental business and business
location conspicuously displayed on the surrey
The sign can be no larger than 12" x 12" in size
The sign must be displayed at all times
No advertisements may be placed on surreys
Surreys cannot be operated on the boardwalk or sidewalks
No one under 14 years of age may operate a surrey without someone at least 18
years of age directly supervising
Surrey must have sign or placard placed inside the surrey stating the following
rules:
Surrey must be operated on bike path only. No riding on boardwalk,
streets or sidewalks
Shoes must be worn at all times
No one under 14 is allowed to operate a surrey without adult supervision
February 22, 2005
-11 -
CITY MANAGER'S BRIEFING
SURREY REGULATIONS
ITEM # 53596 (Continued)
Operational Guidelines
(Continued)
Surrey must be properly maintained and clean at all times
No person or persons can ride outside of the surrey
The number of passengers cannot exceed the manufacturer's specifications for the
surrey; however, no surrey may seat more than six (6) people
All rental agencies on the west side of Atlantic Avenue must have their employees
to walk the surrey across Atlantic Avenue into a connector park before the renter
can take possession of the surrey to ride it on the bike path. The same process must
be used to return the surrey
No surrey can exceed: 9'(L) x 6.5'(H) x 3.5' (W)
Next Steps
Resort Advisory Commission (RAC) has endorsed the Ordinance
Schedule the Ordinance for the City Council Session of March 1, 2005
Resort Management Office will notifY rental agencies
Issue surrey permits in April
Mr. Eason advised the bikes rentfor $5.00 and surreys ($15,00)
Councilman Maddox referenced his sponsorship of an Ordinance requiring the signs on the vehicles to not
exceed 12" x 12". Compliance and enforcement has been a problem.
A list of the surrey operators and the number of surreys in their respective inventories shall be provided.
Associate City Attorney Larry Spencer advised a daily rental tax (the rate is capped by the State) is received.
Associate City Attorney Larry Spencer advised Surreys cannot be operated on the streets. A photograph
tutorial shall be provided re surreys similar to the presentation "bicycles and other wheeled devices" by
Associate City Attorney Vanessa Valldejuli on October 12, 2004. City Council ADOPTED the Ordinances
on October 26, 2004.
February 22, 2005
- 12-
CITY MANA GER 'S BRIEFING
SURREY REGULATIONS
ITEM # 53596 (Continued)
Ordinances to AMEND the City Code re Electric and Gas Powered Bicycles and
other Wheeled Devices:
REPEAL 996-9 through 6-11 and REENACT same in Chapter 7
AMEND Chapter 7 re definitions, age, other requirements for use and
violations
AMEND 99 21-2,21-231,21-237,21-259, 21-312, 21-440.2 and 21-
464 re duplicate provisions; add low-speed vehicles, parking of
wheeled devices and licensing at DMV
AMEND 99 27-24 and 27-25 re disposal of bicycles and other lost
wheeled property
BY CONSENSUS, a Public Comment Session re Surreys shall be scheduledfor the March 1, 2005, City
Council Session with a vote by the City Council on March 8, 2005. If approved, implementation re the
permitting process for surreys would commence April First.
February 22, 2005
- 13-
CITY MANAGER'S BRIEFING
POLICE FIRING RANGE
3:10P.M.
ITEM # 53597
Deputy Chief Gregory G. Mullen, Police Department, advised the Police Training Facility has entailed a
24-month process to address the issues of citizens.
The Police training requirements entailed: firearms training, simmunition city, driver training track and
administration space (consisting of office and classrooms). A process should be established to provide the
best training for those Police Officers on the streets.
Recommendation
Conduct all "live" firearms training at Blackwater Training Center in Moyock,
North Carolina
Conducted by means of a service contract through which Blackwater
would provide firearms ranges and building space (office and
classrooms)
Conduct simmunition and driver training at Creeds through a Capital
Improvement Project.
Complete the Simmunition City
Refurbish the drive track
Construct an administration building (classrooms & office)
Pursue land acquisition, as available, for noise buffer
Blackwater Service Contract
Term of Contract - 10 years (The City has the option to extend the contract an
additional 1 0 years
All financial obligation of the City under this Contract are subject to
appropriations
Hold harmless indemnification and specific environmental indemnity
Virginia Beach Police Department will provide to each trainee a notice which
warns the participant of the risks associated with firearms training
Virginia Beach Police Department to be provided:
Firearms range time
Building space for office and classrooms
Security and maintenance
February 22, 2005
- 14-
CITY MANAGER'S BRIEFING
POLICE FIRING RANGE
ITEM # 53597 (Continued)
Cost - Services Contract
Initial deposit - $516,000 to be credited to the City over the first three (3) years of
the contract
* Defaults - Blackwater will reimburse the City all unamortized deposit
if they default in first three (3) years
Base Service Fee
Quarterly payment (Year 1-3)
Quarterly payment (Year 4-10)
$604,560 per year
$108,140
$151,140
Beginning Year 11 - annual base service fee - $695,244, escalating 3% per year
Virginia Beach agrees to reimburse Blackwater for an insurance policy covering
potential claims against Blackwater by Virginia Beach employees ($25,000 in Year 1)
*As the first 10 years have been negotiated at afixed rate, the budgetary concerns are known and paid out
of Operating Funds, no debt service on first 10 years of the contract. Thus, the interest is eliminated if a
capital expenditure is involved.
Cost - Creeds Development
$ 360,000 for Architectural and Engineering services
$1,000,000 for land acquisition (as available)
$3,000,000 (FY 2005-06 Capital Improvement Program) for construction
Next Steps
Public Comment: March 1, 2005
City Council vote to consider recommendation and appropriate funds:
March 8,2005
Transfer FY 2005 Funding within the Operating Budget from existing
appropriations:
Retainer
Partial Annual Contract Payment
Land
A&E
TOTAL
$ 516,000
$ 133,138
$1,000,000
$ 360,000
$2,009,138
Update FY 2006 Capital Improvement
program to include Construction Costs $3,000,000
Update FY 2006 Operating Budget for
contact payment and insurance $ 457,560
Update FY 2007 Operating Budget for
contract payment, insurance, maintenance $ 471,287
February 22, 2005
- 15 -
CITY MANAGER'S BRIEFING
POLICE FIRING RANGE
ITEM # 53597 (Continued)
Deputy Chief Mullen advised the total Operating Budget for training entailed approximately: $2.2-
MILLION (representing 3 % of the Police Department overall budget)Adding $600,000 per year increases
this to $2.8-MILLION (slightly over 4% increase). The opportunities and abilities the Police Officers will
have to train under improved circumstances and with other individuals from Federal, State and Police
Departments local and from all over the United States can not be measured in tangible dollars.
Deputy Chief Mullen wished to recognize and acknowledge the dedicated assistance of City Council Liaisons
- Council Members Jim Reeve and James Wood, City Attorney Les Lilley, Robert Scott - Director of
Planning, John Herzke - City Engineer, Associate City Attorney Vanessa Valldejuli, Lieutenant Duane Hart,
Sergeant Sean Adams, Michael White - Engineering, Public Works, Nancy Leavitt - Finance and Dia Hayes
- Management Services.
The City Manager advised effective March First, Deputy Chief Mullen is rotating to Operations.
February 22, 2005
- 16-
CITY MANAGER'S BRIEFING
REAL ESTATE ASSESSOR - ANNUAL REPORT
3:35 P.M.
ITEM # 53598
Jerald D. Banagan, Real Estate Assessor, advised on Tuesday, March 1, 2005, Notices of Assessment will
be mailedfor the Fiscal Year 2006. Only those property owners whose assessment changed will receive an
assessment notice. Approximately 0.3% of all properties will receive a decrease in assessment and
approximately 96% will receive an increase. The projected Fiscal Year 2006 assessment of
$37,783,779,314 represents a 21.3 % increase over the current assessment. Each penny of the tax rate will
generate $3,778,000 in revenuefor a total tax of$452, 045, 000 at the current rate of$1.1964. The average
assessment change for the individual properties is approximately + 19. 78%; however, this figure varies
citywide depending on the age, type, quality, classification and location of the property. The average
assessment change for residential property is +21. 74%; and, for commercial/industrial property, the
average change is +11. 64%. This figure represents a strong commercial appreciation, the best in years,
The average assessmentfor a Townhouse is over $100,000. Town Homes appreciated 19%. Reviewing all
housing types, the average residence is $216,500. Only 5% of the housing stock is appraised at under
$75,000. 14% is assessed less than $100,000. 12% of the housing stock is valued at over $350,000, with 6%
valued over $500,000. There are 1,068 homes assessed over $l-MILLION
Residential, apartment and agriculture properties comprise 84.4% of the tax base with commercial and
industrial properties constituting 15.6% of the tax base. The percentage of the tax base for residential
property increased 1.2%from the current year,
CHANGE IN PROPERTY VALUE BY CLASSIFICATION
(January 1,2004 to January 1,2005)
Classification FY 2006 Assessment Change *
General Commercial $ 3,604,533,208 $ 447,916,468 14.2%
Hotel 694,418,408 77,271,501 12.5%
Office 988,289,240 142,452,694 16. 8%
Industrial 551,341,397 41,280,976 8.1%
Apartment 1,894,317,993 264,435,477 16.2%
Residential 24,254,176,357 4,555,657,307 23.12%
Townhouses 2,002,726,737 319,353,642 19,0%
Condominiums 3,239,895,006 778,678,468 31,6%
Agriculture 154,080,968 40,870,895 36.1%
TOTAL $37,383,779,314 $6,667,917,431 21.7%
*Reflects growth and appreciation
February 22, 2005
- 17-
CITY MANAGER'S BRIEFING
REAL ESTATE ASSESSOR - ANNUAL REPORT
ITEM # 53598 (Continued)
Hotels are appraised based on an income approach to value.
New construction for the past twelve (I2) months amounted to $500,000,000, which is an increase of 2%
from the previous year. Residential new construction amounted to 74.3% of the total yearly construction,
while commercial/industrial represented 25. 7%. Growth in land due to rezonings and subdivision amounted
to approximately $162-MILLION
The average assessment on a new home was $335,100 (32% increase in the last three years). In 1999, the
average new home was valued at $200,400.
REAL ESTATE TAX EXEMPTIONIDEFERRAVFREEZE
for SENIOR CITIZENS and DISABLED PERSON
Fiscal Year 2005
Senior Citizens
Exemption 2,026
Freeze 640
Deferral -1Q
TOTAL 2,686
Disabled Persons
Exemption 966
Freeze 151
TOTAL 1,117
TOTAL PROGRAM
Exemption 2,992
Freeze 791
Deferral 20
GRAND TOTAL 3,803
Average Exemption $1,491
Average Freeze $ 253
Average Deferral $ 1,842
Homestead exemptions currently are not allowed under State Statue, Mr, Banagan advised the real estate
tax exemption/deferral/freeze for senior citizens and disabled persons is being marketed through information
provided via video streaming and details on the web site. The City Treasurer is required to place the
information on the tax bill. More data relative this tax exemption/deferral/freeze provided in the newspaper
would be of valued assistance. This information is also disseminated through the City's publications. The
use of the Council of Civic Organizations was also suggested as a voice to publicize this program. Mr.
Banagan believes there are more than 3,803 citizens who required assistance.
February 22, 2005
-18 -
CITY MANA GER 'S BRIEFING
REAL ESTATE ASSESSOR - ANNUAL REPORT
ITEM # 53598 (Continued)
Mr. Banagan advised the appraisals were conducted in 2004 utilizing sales data from July 2003 to June
2004. The Assessor's office is utilizing historical data, not projecting into the future. Mr. Banagan believed
the next year's assessments would be a repeat of this year's; however, he could not estimate when the
assessments would decrease. The majority of the literature state the appreciation will just get to a point
where it "levels" off or be very modest for a few years..
The City Manager advised this increase in assessments is a "spike" and concurred with City Council that
this increase should not be used to build up the City's permanent overhead. The City's base service levels
should not be increased so when the market slows down, then the City would be in afinancial "bind".
Over a long period of time the expenditures of the City have been increased at a rate that exceeds population
and CPI growth. Thus, the staff has raised the issue of sustainability. The revenues from the Federal and
State Government have been decreasing and the City has been attempting to provide funds for these loses
"to keep the boat afloat".
The Proposed School Board Budget only anticipates a 2.36~ reduction in the real estate tax, A greater
reduction by City Council would have a significant impact on their Budget. The City Manager and staff, the
Revenue Sharing Task Force (comprised also of the Mayor Vice Mayor Jones and Chair and Vice Chair
of Virginia Beach Schools) have discussed this issue and the rate. Schools have requested as soon as this
is determined to advise and they will attempt to accommodate.
Mayor Oberndorf expressed appreciation to Mr. Banagan. The City Council will decide a course of action
that will sustain the taxpayer and their ability to remain in their own homes plus providing minimal services
to the overall city.
February 22, 2005
-19 -
CITY COUNCIL COMMENTS
4:25 P.M.
ITEM # 53599
Mayor Oberndorf referenced a request for a letter to the U.S. Army Corps of Engineers by March 3, 2005,
re the impact of Tri City Properties. This request involves an Environmental Quality Study on the Gum
Swamp watershed on the Chesapeake side of Stumpy Lake, There are definite implications to the
preservation of Stumpy Lake, Mayor Oberndorf does not wish to sign the letter until all members of City
Council concur.
This item will be scheduledfor the City Council Session of March 8,2005, with a Briefing by Clay Bernick,
Environmental Management Program Administrator.
ITEM # 53600
Mayor Oberndorf expressed appreciation to Council Lady Wilson, Associate City Attorney Vanessa
Valldejuli, Lynn Clements, Mark Reed and City stafffor welcoming and attending the luncheon honoring
the representatives from England re the display of the Magna Carta in 2007. The delegates are reviewing
the possibility of having the Magna Carta tour the United States (Chicago, San Franciso, Houston and
Atlanta) after it is displayed in Virginia Beach. Virginia Beach will be depicted on their brochure as one of
the main cities hosting the Magna Carta.
February 22, 2005
- 20-
AGENDA RE VIE W SESSION
4:30 P.M.
ITEM # 53601
1.1. Ordinance to AMEND the City's Open Air Cafe.
regulations to establish guidelines and allow sidewalk
cafes between 15th and 24th Streets on Atlantic Avenue,
(Deferred February 8,2005)
Councilman Maddox requested this item be DEFERRED until the City Council Session of March 1, 2008.
This deferral will allow development of criteria for facade improvements.
ITEM # 53602
BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA:
ORDINANCES
1.1. Ordinance to AMEND the City's Open Air Cafe
regulations to establish guidelines and allow sidewalk
cafes between 15th and 24th Streets on Atlantic Avenue.
(Deferred February 8,2005)
1.2. Ordinance to DECLARE as EXCESS PROPERTY a
twenty-five foot (25') wide strip of land adjacent to 2220
West Berrie Circle and AUTHORIZE the City Manager
to execute an Agreement of Sale to AOS Properties, LLC.
1. 3. Ordinances to A CCEPT Grants and APPROPRIA TE the
funds as follows:
a. $753,629 from the Department of Criminal Justice
Services Law Enforcement Terrorism Prevention
Program (LETPP) to the FY 2004-05 Operating Budgets
of the Police and Sheriff's Department re equipment and
technology
b. $35,000from the Federal Emergency Management Agency
(FEMA) to the FY 2004-05 Fire Department Operating
Budget refunding the Citizen Corps Council (CERT)
c. $15,000 from the Virginia Foundation for the
Humanities to the FY 2004-05 Library Department
Operating Budget re the study of African-American
Genealogy in Virginia
d. $9,180 (the second of three grants) from the Norfolk
Foundation, to the FY 2004-05 Library Department
Operating Budget re access to online databases
February 22, 2005
- 21 -
AGENDA RE VIE W SESSION
ITEM # 53602 (Continued)
J4. Ordinance to AUTHORIZE the City Manager to execute
an AMENDED Cost Participation Agreement with KGS
Construction Company re construction of road
improvements along Stumpy Lake Lane and Archdale
Drive.
J5. Ordinances to AUTHORIZE temporary encroachments
into the City's right-o.f-way for:
a. FRED C. MCKINNEY at Cullen Road re water, sewer,
stormwater pipe and driveway (DISTRICT4 - BAYSIDE)
b. WINIFREDJ.ANDMICHAELD.MARQUARTat 1100
Wythe Lane re pavers, stone call box, electrical conduit,
columns andfencing (DISTRICT 5 -LYNNHAVEN)
J6. Ordinance to A UTHORIZE acquisition of property infee
simple for easements by agreement or condemnation re
right-o.f- way for Shipps Corner Road Bridge replacement
Item J1. will be DEFERRED, BY CONSENT, until the City Council Session of March 1, 2005.
Council Members McClanan and Villanueva will vote a VERBAL NAY on Item J4
February 22, 2005
- 22-
AGE N DA REV I E W S E S S ION
ITEM # 53603
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
K1. Variance to 94.4(b) of the Subdivision Ordinance that
requires all newly created lots meet all the requirements
of the City Zoning Ordinance (CZO) for CARLTON E.
and LAURA R. SEAY at 1301 Harris Road. (DISTRICT
5 - LYNNHA VEN)
K2. Application of FIVE DOG NIGHT, L.L.c. for a
Conditional Use Permit re a commercial kennel at 2901
Shipps Corner Road. (DISTRICT 6 - BEACH)
K3. Application ofKENNETHA. HALL FAMILY LIMITED
PARTNERSHIP for a Conditional Use Permit re motor
vehicle sales and service at 4372 Holland Road.
(DISTRICT 3 - ROSE HALL)
K 6. Application of REED ENTERPRISES, INC. at Dam Neck
Road and Holland Road:
a. Change of Zoning District Classification from AG-2
Agricultural District to Conditional B-2 Community Business
District
b. Conditional Use Permit re an automobile repair establishment
K8. Application ofATLANTICENTERPRISES,INC.forthe
discontinuance, closure and abandonment of a portion of
29 Y:z Street at Pacific Avenue. (DISTRICT 6 - BEACH)
K9. Application of THE TAYLOR GROUP, L.L.L.P., Claude
B. Brown, Betty B. and R. Edward Bourdon, Jr. for the
discontinuance, closure and abandonment of a portion of
Old London Bridge Road at Harpers and London Bridge
Roads. (DISTRICT 7 - PRINCESS ANNE)
Council Members McClanan and Schmidt shall vote a VERBAL NAY on Item K1 (SEAY)
Council Lady McClanan shall vote a VERBAL NAY on Item K 6 (REED)
February 22,2005
- 23-
ITEM # 53604
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion, consideration or interviews of prospective
candidates for employment, assignment, appointment, promotion, performance,
demotion, salaries, disciplining or resignation of specific public officers, appointees
or employees pursuant to Section 2,2-3711 (A) (1).
To Wit: Appointments: Boards and Commissions:
Community Policy and Management Team - CSA At Risk
Development Authority
Francis Land House Board of Governors
Health Services Advisory Board
Investment Partnership Advisory Committee - PPEA
Minority Business Council
Parks and Recreation Commission
Towing Advisory Board
PUBLICLY-HELD PROPERTY' Discussion or consideration of the condition,
acquisition, or use of real property for public purpose, or of the disposition of
publicly-held property, or of plans for the future of an institution which could affect
the value of property owned or desirable for ownership by such institution pursuant
to Section 2.2-3711(A)(3).
Acquisition/Disposition of Property -
Beach District
PUBLIC CONTRACT: Discussion or consideration by a responsible public entity
or an affected local jurisdiction, as those terms are defined in Section 56-557, of
confidential proprietary records excludedfrom this chapter pursuant to Section 2.2-
3705.6(11) AND Discussion of the award of a public contract involving the
expenditure of public funds, and discussion of the terms or scope of such contract,
where discussion in an open session would adversely affect the bargaining position
or negotiating strategy of the public body.
Beach Contract Rental Service
Police Firing Range - Contract Negotiations
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into
CLOSED SESSION (4:50 P.M.).
February 22, 2005
- 24-
ITEM # 53604 (Continued)
Voting: 10-0
Council Members Voting Aye:
Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A.
Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
(Closed Session: 4:50 P.M. - 5:40 P.M.)
(Break:4:56 P.M. - 5:00 P.M.)
(Dinner: 5:40 P.M. - 6:05 P.M.)
February 22, 2005
- 25 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
February 22, 2005
6:05 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 22, 2005, at 6:05 P.M.
Council Members Present:
Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter
W Schmidt, Ron A, Villanueva, Rosemary Wilson and James L.
Wood
Council Members Absent:
Harry E. Diezel
[Out of the City - previous commitment]
INVOCATION: Reverend Rick Hocker
Freedom Fellowship
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman
and Company and is directly and indirectly involved in many of Goodman and Company's transactions.
However, due to the size of Goodman and Company and the volume of transactions it handles in any given
year, Goodman and Company has an interest in numerous matters in which her husband is not personally
involved and of which she does not have personal knowledge. In order to ensure her compliance with both
the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to
thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters
in which she might have an actual or potential conflict. If, during her review she identifies any matters, she
will prepare andfile the appropriate disclosure letter to be recorded in the official records of City Council,
Council Lady Wilson regularly makes this disclosure, Council Lady Wilson's letter of January 27,2004, is
hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker
Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of
transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not
personally involved and of which she does not have personal knowledge. In order to ensure her compliance
with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her
practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any
matters in which she might have an actual or potential conflict. If, during her review she identifies any
matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of
City Council. Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson's letter of January
27, 2004, is hereby made a part of the record.
February 22, 2005
- 26-
Item V-E.
CERTIFICATION OF
CLOSED SESSION
ITEM # 53605
Upon motion by Councilman Dyer, seconded by Councilman Reeve, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public busin'ess matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard
A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
February 22,2005
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 53604, page 23, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-37J1(A) ofthe Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
~~-
uth Hodges mith, MMC
City Clerk
February 22, 2005
- 27-
Item V-F. 1.
MINUTES
ITEM # 53606
Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED the
Minutes of the INFORMAL and FORMAL SESSIONS of February 8,2005.
Voting: 10-0
Council Members Voting Aye:
Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
February 22, 2005
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
BY CONSENSUS, City Council ADOPTED:
- 28-
ITEM # 53607
AGENDA FOR THE FORMAL SESSION
February 22, 2005
- 29-
Item V-G. 2.
MAYOR'S INTRODUCTION
ITEM # 53608
Mayor Oberndorf RECOGNIZED the following BOY SCOUTS in attendance to earn their Citizenship in
the Community Merit Badges:
Boy Scout Troop 179
Ben Sandridge
Josh Wilson
Renee Wert - Leader
Boy Scout Troop 417
St. Andrew's United Methodist Church
Sponsor
Russell Brown
Willie Brown
Chris Cronin
Brandon Gill
Gavin MacMillan
John Maravich
Tyler Vincent
Tommy Williams
Scoutmaster Warren Weiss
Assistant Scoutmaster Tom Williams
February 22, 2005
- 30-
Item V-H.J.
PUBLIC HEARING
ITEM # 53609
Mayor Oberndorf DECLARED A PUBLIC HEARING:
EXCESS CITY-OWNED PROPERTY
2220 West Berrie Circle
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
February 22, 2005
- 31 -
Item V-J.
ORDINANCES
ITEM # 53610
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED IN ONE
MOTION Items 1 (DEFERRED), 2, 3alble/d, 4, 5alb and 6 of the CONSENT AGENDA.
Item J.1. will be DEFERRED BY CONSENT, until the City Council Session of March 1,2005,
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
Council Members McClanan and Villanueva will vote a VERBAL NAY on Item J.4 (Stumpy Lake Lane and
Archdale Drive).
February 22, 2005
- 32-
Item V-J.1.
ORDINANCES
ITEM # 53611
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council DEFERRED until the
City Council Session of March 1,2008:
Ordinance to AMEND the City's Open Air Cafe regulations to
establish guidelines and allow sidewalk cafes between 15th and 24th
Streets on Atlantic Avenue. (Deferred February 8,2005)
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W
Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
February 22, 2005
- 33-
Item V-J.2.
ORDINANCES
ITEM # 53612
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED::
Ordinance to DECLARE as EXCESS PROPERTY a twenty-five foot
(25) wide strip of land adjacent to 2220 West Berrie Circle and
AUTHORIZE the City Manager to execute an Agreement of Sale to
AOS Properties, LLC.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W
Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
February 22,2005
1 AN ORDINANCE DECLARING CERTAIN
2 PROPERTY LOCATED IN THE BERRIE
3 GARDEN SUBDIVISION ADJACENT TO 2220
4 WEST BERRIE CIRCLE AS EXCESS AND
5 AUTHORIZING CITY MANAGER TO CONVEY
6 SAME TO AOS PROPERTIES LLC (AIK/ A
7 AO.S. PROPERTIES, L.L.C.)
8
9 WHEREAS, the City of Virginia Beach (the "City") acquired title from the City
10 of Norfolk in and to a parcel of real property which included a strip of land 25 feet wide
11 extending Westwardly from Lake Bradford to Lake Joyce (the "Property") by deed recorded in
12 the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book
13 1018, at Page 154.
14 WHEREAS, the City Council is of the opinion that a portion of the Property
15 referenced as "APPROX. 1,375 S.F.l0.03 AC (25'55')" as shown on the "LOCATION MAP
16 SHOWING EXCESS CITY OWNED PROPERTY ADJACENT TO 2220 WEST BERRIE
17 CIRCLE (LOT 24) GPIN 1479-58-1512 AOS PROPERTIES LLC. (AlK/A AO.S.
18 PROPERTIES, L.L.C) SCALE 1"= 200"', attached hereto (the "Excess Strip"), is in excess of
1 9 the needs of the City of Virginia Beach.
2 0 WHEREAS, an appraisal of market value prepared by a qualified appraiser
21 opining the value of the Excess Strip to be $22,050 has been delivered to and approved by staff
22 of the City.
23 WHEREAS, AOS Properties LLC (AlK/A AO.S. Properties, L.L.C.), a Virginia
24 limited liability company ("AOS"), has proposed to purchase the Excess Strip from the City for a
2 5 purchase price of $22,050, the appraised value.
2 6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
2 7 OF VIRGINIA BEACH, VIRGINIA:
28 1. That the Excess Strip is hereby declared to be in excess of the needs of the
2 9 City and that the City Manager is hereby authorized to execute an Agreement
30 of Sale and any necessary documents to effectuate the sale of the Excess Strip
31 to AOS.
32 2. That the City staff approved appraised value of TWENTY TWO
33 THOUSAND FIFTY DOLLARS ($22,050) shall be the purchase price of the
34 Excess Strip.
35 3. That the Excess Strip and AOS's adjacent property shall be resubdivided to
36 eliminate interior lot lines for GPIN 1479-58-1512 (also known as Lot 24 of
37 Berrie Gardens).
38 4. That the Excess Strip shall be conveyed in accordance with the attached
39 Summary of Terms marked as Exhibit B, and such other terms, conditions or
40 modifications as may be satisfactory to the City Attorney.
41 This ordinance shall be effective from the date of its adoption.
42 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of
43 F'phrllrlry ,2005.
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
CA-9461
R-l
PREPARED: 1/13/2005
APPROVED AS TO CONTENT
~ Co ~'"
PublIc Works
REAl. l~r'T(
APPROVED AS TO LEGAL
SUFFICIENCY
~rtment of Law
X:\Projects\Excess Property\AOS (Formerly Calvin) #1405 - Berrie Cir. RAB\Ordinance,DOC
EXHIBIT A
r
J
C.-,L
I
- -1 ,- \ I
I
ID
N. GREENWELL RD.
dJ\}
o
Li~
- -0=-
D
~ 0
co =D
o
.=~ ~
Lt::
[J=
r.D-
IW:
'U I
L_-,
LOCATION MAP
SHOWING
EXCESS CITY OWNED PROPERTY
ADJACENT TO
2220 WEST BERRIE CIRCLE
(LOT 24)
GPIN 1479-58-1512
AOS PROPERTIES LLC.
(A / K / A / A.O.S. PROPERTIES, L.L.C)
SCALE: 1" = 200'
....,
-
1 I
, I
, I
I I ,
'....1 ,
'15' ,
'is, ,
'3' I
/~G' -..
/ J
I 1
I I
I I
I ,
J I
I f
I /_-
PREP. BY P/W ENG. CADD BUREAU 11/04 M.J,S, BERRIE CIR.DGN
EXHIBIT B
SUMMARY OF TERMS
SALE OF EXCESS PROPERTY AT 2220 WEST BERRIE CIRCLE
SELLER:
City of Virginia Beach
PURCHASER:
AOS Properties LLC (A/K/A A.O.S. Properties, L.L.C.), a Virginia
limited liability company,
PROPERTY:
Approximately 1,375 S.F. (0.03 AC)
LEGAL DESCRIPTION:
ALLTHAT CERTAIN twenty-five (25) foot strip ofland running in an
east to west direction across and located within that certain lot, piece or
parcel ofland numbered and designated as Lot 24 ofthe subdivision of
Berrie Gardens located in the City of Virginia Beach, Virginia, which
subdivision is recorded in Map Book 25 at Page 4 in the Office of Clerk
of the Circuit Court of the City of Virginia Beach.
SALE PRICE:
$22,050 as per appraisal
CONDITIONS OF SALE
· The Property shall be resubdivided at the Buyer's expense in order to eliminate
interior lot lines for GPIN #1479-58-1512.
· The Buyer shall submit a site plan for review and approval by the Planning
Department prior to any construction.
· The Buyer shall provide a physical survey.
X:\Projects\Excess Property\AOS (Formerly Calvin) #1405 - Berrie Cir. RAB\Terms.doc
AGREEMENT OF SALE
THIS AGREEMENT OF SALE ("Agreement") made as ofthis 3 day of
-::r;...0 2005, by the CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia ("Seller"), and AOS PROPERTIES LLC (AIK! A A.O.S. PROPERTIES,
L.L.C.), a Virginia limited liability company, ("Buyer").
WITNESSETH:
In consideration of the covenants and agreements of the respective parties herein set forth and
in further consideration of the sum of TWENTY -TWO THOUSAND FIFTY DOLLARS AND NO
CENTS ($22,050.00), Seller hereby agrees to sell, and Buyer hereby agrees to purchase the following
described property (hereinafter the "Property") to wit:
ALL THAT CERTAIN twenty-five (25) foot strip ofland running
in an east to west direction across and located within that certain
lot, piece or parcel ofland numbered and designated as Lot 24 of
the subdivision of Berrie Gardens located in the City of Virginia
Beach, Virginia, which subdivision is recorded in Map Book 25
at Page 4 in the Office of Clerk of the Circuit Court of the City of
Virginia Beach.
Said twenty-five (25) foot strip being a portion of the same
property conveyed to the Grantor by deed dated July 21, 1967,
from the City of Norfolk, and recorded in the Clerk's Office of
the circuit Court ofthe City of Virginia Beach, Virginia, in Deed
Book 1018 at page 154.
1. Purchase Price. The total consideration is as follows: TWENTY TWO
THOUSAND FIFTY DOLLARS ($22,050.00) in full for the Property. The purchase price shall be
paid as follows:
a. A deposit ( the "Deposit") in cash or by certified check in the amount of Two
Thousand Two Hundred and Five Dollars and No Cents ($2,205.00) shall be paid by Buyer to the
City of Virginia Beach as Escrow Agent (the "Escrow Agent") upon execution of this Agreement by
all parties. The Escrow Agent shall deposit the Deposit into the general fund, accruing no interest,
with the Deposit to be applied to the purchase price of the Property at the time of settlement. The
Deposit shall be held in accordance with the provisions of this Agreement.
b. The balance of the purchase price of the Property of Nineteen Thousand Eight
Hundred and Forty-Five Dollars and No Cents ($19,845.00) shall be paid in cash or by certified
check at the time of settlement.
2. Due Diligence/Contingencies. Buyer is hereby granted sixty (60) days from the date
of full execution of this Agreement by all parties (the "Due Diligence Period") to inspect the
Property in order to determine that the soils and subsurface conditions of the Property are suitable, in
the reasonable opinion of Buyer, for Buyer's intended use, and to determine the existence of any
adverse environmental matters or conditions in, on, under, about, or migrating from or onto the
Property. If the Buyer determines during the Due Diligence Period that the soils and subsurface
conditions of the Property are not suitable for its intended use, or determines that the existence of any
adverse environmental matters or conditions in, on, under, about, or migrating from or onto the
Property, Buyer reserves the right to terminate this Agreement of Sale by giving Seller written notice
of termination not later than 5:00 p.m. on the last day ofthe Due Diligence Period. Upon receipt of
such notification, the Deposit shall be returned to the Buyer within 14 business days and thereafter,
neither party shall have any further rights against or obligations or liability to the other hereunder
except as specified in Paragraph 9. IJ'/,/l~'<' uJ4/'-'.> ~ 0 ;{J/l.l"..?~pr/L
3. Settlement. Settlement proceedings shall be conducted at the Office of the City
Attorney, Real Estate Annex, Building 20, Municipal Center, Virginia Beach, Virginia 23456. The
settlement shall occur no later than thirty (30) days after the end of the Due Diligence Period as
called for in Paragraph 2 hereof (the "Settlement Date") or at such other earlier time as the parties
may agree. However, in no event shall the Settlement Date be later than ninety (90) days after the
execution of this Agreement by all parties, time being expressly declared and agreed to be of the
essence in this Agreement. Buyer's failure to comply with the terms and provisions hereof at the
time and in the manner herein prescribed shall be deemed a material breach of this Agreement.
In addition to the obligations to be performed hereunder by the parties at settlement,
each party agrees to perform such other acts and to execute, acknowledge and deliver, subsequent to
settlement, such other instruments, documents and other material as the other party may reasonably
request and shall be necessary in order to effectuate the consummation of the transaction
contemplated herein and to vest title to the Property in Buyer. However, notwithstanding the
foregoing, Buyer acknowledges and agrees that Seller has certain powers, purposes and
responsibilities by virtue of being a municipality, and as such, its ability to execute instruments and
documents or to perform certain acts is limited by the laws of the Commonwealth of Virginia,
including but not limited to, its defenses of sovereign immunity. Nothing herein shall be construed
to waive any of the powers, purposes, responsibilities or defenses of Seller as a municipality.
4. Premises Purchased As IslEnvironmental Concerns. Seller neither represents nor
warrants that there are no adverse environmental conditions upon the Property which would prevent
Buyer's allowed use of the Property. Buyer purchases the Property "as is" and it shall be the
responsibility of Buyer to determine whether or not there are any adverse environmental conditions,
hazardous waste conditions, status as protected wetlands or endangered species which would prevent
Buyer's proposed use of the Property. Buyer releases Seller of and from and waives any claim or
cause of action Buyer may have against Seller, under any federal, state or local law, ordinance, rule
or regulation now existing or hereafter enacted or promulgated, relating to environmental matters or
conditions, in, on under, about or migrating from or unto the Property, or by virtue of any common
law right related to environmental conditions or maters in, under, about or migrating from or unto the
Property. The provisions of this Paragraph shall survive settlement, the termination of this
Agreement, or recordation of the Deed.
-2-
5. Requirements of Settlement.
a. This Agreement and any Conveyance of the Property are EXPRESSL Y
SUBJECT to Buyer's resubdivision ofGPIN 1479-58-1512, and the vacation of all interior lot lines
for each parcel to incorporate the Property into Buyer's adjoining property.
b. This Agreement and any Conveyance ofthe Property are further EXPRESSL Y
SUBJECT to Buyer submitting a plan for review and the approval of said plan by the Planning
Department prior to construction on GPIN 1479-58-1512.
6. Prorations. All rents, interest, taxes, utilities and other appropriate items shall be
prorated and apportioned on a per diem basis as of the Settlement Date. Assessments, general or
special in nature, pending or confirmed, shall be paid or satisfied in full by Seller at Settlement.
7. Settlement Costs and Expenses. Buyer shall bear cost of obtaining a title report for
the Property and all other closing costs associated with settlement, including but not limited to, all
recording costs and taxes, (except for grantor's tax), title insurance premiums and its attorney's fees
and costs.
Seller shall prepare the Deed conveying title to the Property to Buyer and shall pay all
expenses of preparation of the Deed, the grantor's tax, if applicable and its attorney's fees and costs.
Seller and Buyer each warrant and represent to the other that neither party has had any
dealings, negotiations or communications with any brokers or other intermediaries that would
obligate either one of them for the payment of any real estate commission or fee as a result of this
transaction.
8. Convevance/Title.
a. Seller agrees to deliver to Buyer at Settlement a Quitclaim Deed and to convey
title to the Property, in fee simple, free and clear of all mortgages, liens, encumbrances, leases,
parties in possession, security interests, subject to any and all other restrictions, rights-of-way,
easements and encroachments of record on the date of execution of this Agreement and to the
easements to be reserved by Seller in the deed of conveyance and any subdivision plat.
b. Buyer shall have up to thirty (30) days from the date of execution of this
Agreement by all parties to examine the record title to the Property and to raise any title objections
disclosed by such examination. If such examination discloses that title to the Property is not
marketable or is subject to an encumbrance, restriction, covenant or easement or record which
adversely affects Buyer's intended use of the Property, Seller shall have the right to cure such defects
or terminate this Agreement and return the Deposit to Buyer within fourteen (14) business days, and
thereafter, neither party shall have any further rights against or obligations or liability to the other
hereunder except as specified in Paragraph 9. If title to the Property is defective and the defects in
title are not cured by Seller as provided herein, Buyer may terminate this Agreement by written
notice to Seller not later than 5 :00 p.m. of the Due Diligence Period. Upon receipt of such
notification, the Deposit shall be refunded to Buyer within fourteen (14) business days and thereafter,
-3-
neither party shall have any further rights against or obligations or liability to the other hereunder
except as specified in Paragraph 9. If Buyer does not exercise the option to terminate, Buyer shall
accept title to the Property with such title defects, the provisions of subparagraph a of this Paragraph
8 notwithstanding.
9. Access/Right of Entry. During the Due Diligence Period, Buyer, or its agents,
contractors, representatives, successors and assigns shall be permitted access to the Property for the
purpose of making such studies of the Property as necessary to determine feasibility of the Property
for Buyer's planned use and to determine the existence of any adverse environmental matters or
conditions. It is expressly agreed, however, that:
a. Such access shall be at Buyer's sole risk and expense;
b. Seller shall not be responsible for and Buyer shall indemnify and hold
harmless Seller, and its agents, employees, volunteers, servants and officials against any and all
claims, obligations, demands, actions or suits for bodily injury or property damage by any person
arising from such access or the conduct of activities on the Property by Buyer, its agents, contractors,
representatives, successors and assigns; and
c. Neither Buyer nor any of its agents or contractors shall suffer or cause to be
created any lien or encumbrance arising from such activities, and Buyer shall repair any damage to
the Property resulting from such access.
The obligation set forth in this Paragraph 9 shall survive settlement or termination of
this Agreement.
10. Possession. Actual possession shall be given upon transfer oflegal title at settlement,
free and clear of any tenancies or parties in possession.
11. Risk of Loss. Risk of loss or damage to the Property by fire, wind, storm, or other
casualty, or by exercise ofthe power of eminent domain, shall remain upon Seller until transfer of
legal title at settlement.
12. Legal and Equitable Enforcement of Agreement.
a. In the event the consummation of the transactions contemplated herein fail to
occur by reason of any default by Seller, Buyer shall have the right (i) to receive the return of its
Deposit hereunder, or (ii) to seek specific performance of this Agreement.
b. In the event the consummation of the transaction contemplated herein fail to
occur by reason of any default of Buyer, except as specified in Paragraph 9, Seller shall have the
right to retain Buyer's Deposit as liquidated damages, (it being acknowledged and agreed that in such
event it would be difficult to ascertain the exact amount of Seller's damages), and any other remedies
that it may have for the breach of this Agreement.
13. Assignment. Buyer's rights under this Agreement may be assigned by Buyer with
written notice to Seller, to any person, corporation, partnership or other entity on the condition that
-4-
the assignee expressly assumes all of Buyer' s obligations hereunder, and a copy of such assignment
is provided to Seller. Any assignment made herein by Buyer shall not be interpreted as an agreement
to extend the Due Diligence Period, Settlement Date or any of the provisions of this Agreement.
14. Survival. Unless the context otherwise requires, the provisions of this Agreement,
including any indemnification, covenants, agreements, representations or warranties, shall survive
settlement hereunder and delivery of the Deed.
15. Successors and Assigns. The terms and provisions of this Agreement are binding
upon and will inure to the benefit of the parties, their respective successors and assigns.
16. Notices. All notices to be delivered hereunder shall be sent by U. S. Mail certified,
Return Receipt Requested or delivered in person addressed as and to the attention of the respective
persons set forth below. Each such notice sent by U.S. Mail shall be deemed delivered on the first
business day following its receipt, refusal or attempted delivery, as appropriate, at the address of the
party to be noticed, and each notice delivered in person shall be deemed given as ofthe date of actual
delivery to such person.
As to Seller: City of Virginia Beach
Attn: James C. Lawson
Department of Public Works-Real Estate Division
2405 Courthouse Drive, Building 2
Virginia Beach, Virginia 23456
As to Buyer: A. O. S. Properties, L.L.C.
David B. Oglesby, Jr., Manager
505 South Independence Boulevard
Virginia Beach, VA 23452
17. Governing LawNenue. This Agreement shall be deemed to be a Virginia contract
and shall be governed by the laws of the Commonwealth of Virginia, and the parties hereto designate
the Circuit Court of the City of Virginia Beach, Virginia as the proper venue for all litigation of
issues relating to this Agreement.
18. Entire Agreement and Modification. There have been no other promises,
consideration or representations made which are not set forth in this Agreement. There may be no
modification of this Agreement, except in writing, executed by the authorized representatives of
Seller and Buyer.
(THE REMAINDER OF THIS P AGE WAS INTENTIONALLY LEFT BLANK)
-5-
IN WITNESS WHEREOF, the said AOS PROPERTIES LLC (AlK/A AO.S.
PROPERTIES, L.L.C.), a Virginia limited liability company, has caused this agreement to be
executed by David B. Oglesby, Jr., Manager of AOS PROPERTIES LLC (AlK/A AO.S.
PROPERTIES, L.L.c.), a Virginia limited liability company, with due authority to bind said limited
liability company. Further, that the City of Virginia 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.
SELLER:
CITY OF VIRGINIA BEACH
By:
(SEAL)
City Manager/Authorized
Designee of City Manager
(SEAL)
ATTEST:
Ruth Hodges Smith
City Clerk
BUYER:
AOS PROPERTIES LLC (AlK/A AO.S.
PROPERTIES, L.L.C.), A VIRGINIA LIMITED
L~ILITY}rOMPA Y
~8,'
David B. Oglesby, Jr
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, by
, CITY MANAGER! AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
-6-
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, _, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
My Commission Expires:
STATE OF
CITY/COUNTY OF , to-wit:
The foregoing instrument was acknowledged before me this ~ day of
~ ,~S:, by David B. Oglesby, Jr., Manager of AOS PROPERTIES LLC
(A/K/A A.O.S. PROPERTIES, L.L.C.), a Virginia limited liability company.
0M~~~~
Notary P lic
My Commission Expires: "1 \ ~ \ \ (:J9J
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFIECIENCY AND FORM
r~ C. Cfiuli'~
FlU RrtiJ Esieut
DEPARTMENT
X:\PFejeet~)(eess Pr6pe~ '.Clll. in It 11 9S Ilt)" ie Cir. RAIl\.i\.gl 'Glllent Sak.ovt
D~
X:\Projects\Excess Property\AOS (Formerly Calvin) #1405 - Berrie Cir. RAB\Agree sale vr2,doc
-7-
- -
C_"U 0 IU-LU-L
SURVEY NOTES:
1. THIS SURVEY WAS PERFORMED WITHOUT THE BENEfiT Of A TITlE REPORT AND MAY NOT SHOW PoNY/1J..L EASEMENTS OR RESTRICTIONS
THAT MAY AFfECT SAID PROPERTY AS SHOWN.
2. FLOOD INFORMATION:
THE PROPERTY SHOWN HEREON APPEARS TO fALL WITHIN flOOD ZONE 'X' (OUTSIDE) (MEA OF SOD-YEAR FLOOD; AREA OffiRMINED TO
BE OUTSIOE SOD-YEAR FLOOD PLAIN). AS SHOWN ON f.E.M.A:S fLOOD INSURANCE RATE MIIP (F.I.R.M.) FOR THE CITY Of VIRGINIA BEACH,
VIRGINIA, COMMUNITY PANEL NO, ~ I S~31 0003E OATED DECEMBER 5. 1995.
3, SITE f1REA: 6,819 SOH. OR 0.1 ~65 ACRES (LOT MEA)
2,370 SOH. BUILDING AREA (2,387 SO.FT. ALLOWABLE)
3,328 SQH. IMPERVIOUS AREA (4,091 SO.FT. ALlOWABlE)
4, SITE GPIN: 1479-58-1512
5, ZONING: R-5R
6. SITE AIRCRAFT ZONE:
THIS SITE LIES WITHIN AIRCRAFT ACCIDENT POTENTIAl ZONE N/A AND/OR NOISE ZONE(S) <65 dB Idn PoND MAY BE SUBJECT TO
AIRCRAFT ACCIDENTS AN~/OR ABOVE AVERAGE NOISE LEVELS DUE TO ITS PROXII.4I1Y TO AIRCRAFT OPERATIONS, NOISE ATTENUATION
MEASURES FOR NEW CONSTRUCTION MAY BE REQUIRED IN ACCORDANCE WITH THE AIRPORT NOISE ATTENUATION AND SAfETY ORDINANCE
AND HEIGHT RESTRlcnONS HAVE BEEN I ANCE wITH SECTION 202(8) OF THE CITY ZONING ORDINANCE,
I
/
I
t
;
I
i
/
/
;
/
I
I
=: :~toO /'
I ~ /
~OO' //
f N 05-05'00, 7 . 5' I I /"/
I \ I ,,~'r-'
--~ BERFi,ECIRCL1€--WEJ;T
(FORMERLY BERRIE C/RCLE:) (50' R/W)!
BZA VARIANCE EXHIBIT
OF
LOT-24
PLAT OF
BERRIE GARDENS
PLAT RECORDED IN M.B. 25, PG. 4, IN THE CLERK'S
OF THE CIRCUIT COURT, VIRGINIA BEACH. VA
VIRGINIA BEACH, VIRGINIA
For
Civil Engineers AOS PROPERTIES, LLC REVISED 10/25/04
Land Surveyors
Land Plonners 757.431.104 SCALE: 1"= 20' AUGUST 19. 2004
Landscape Architects wplsite.com VIRGINIA BEACH IN: 204-1027
MR
LOT -26
..
g
~
~
Ii
II
j!
11
'!
~
~
J
~ ,o.u$?
~ Ffi
~ [..-.,
~ I ~
~
MERIDIAN SOURCE
~ -@-- C
(M.B. 25, PG. 4)
I
I 25' STRIP TOTAL I
l- OVERLAP --I
BY CITY or
I V1RC1NIA BEACH
LOT-23
g
Sj
PROfr.OSED
2-STY
DU4LEX
"+:
I I
PRlJPOSED
IflRfWALL
I 1
I !
i
I. !
I ~:
,
,
L......".
EX!:~TiN(j
D!1rv[WAY
PROPOSED
DRMWAY
SHORf DR
LOCATION MAP
SCALI : ... loaD'
J
I
I
126.3. '
I
0' B/L
~
~1
28.69'
- 34-
Item V-J.3.a/b/c/d
ORDINANCES
ITEM # 53613
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED::
Ordinances to ACCEPT Grants and APPROPRIATE the funds as
follows:
a. $ 753,629 from the Department of Criminal Justice Services Law
Enforcement Terrorism Prevention Program (LETPP) to the
FY 2004-05 Operating Budgets of the Police and Sheriff's
Department re equipment and technology
b. $35,000 from the Federal Emergency Management Agency
(FEMA) to the FY 2004-05 Fire Department Operating Budget
re funding the Citizen Corps Council (CERT)
c. $15,000from the Virginia Foundationfor the Humanities to the
FY 2004-05 Library Department Operating Budget re the study
of African-American Genealogy in Virginia
d. $9,180 (the second of three grants) from the Norfolk
Foundation, to the FY 2004-05 Library Department Operating
Budget re access to online databases
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan,
RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W.
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
February 22, 2005
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $753,629 FROM THE U.S. DEPARTMENT OF CRIMINAL
3 JUSTICE SERVICES TO THE POLICE AND SHERIFF'S
4 DEPARTMENT'S FY 2004-05 OPERATING BUDGETS FOR
5 THE PURCHASE OF EQUIPMENT RELATED TO THE
6 PREVENTION OF TERRORISM
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
1.
That $753,629 is hereby accepted from the U.S. Department
10 of Criminal Justice Services, with $614,741 of this amount
11 hereby appropriated to the Police Department's FY 2004-05
12 Operating Budget and the remaining $138,888 appropriated to the
13 Sheriff's Department's FY 2004-05 Operating Budget for purpose
14 of funding the purchase of equipment needed to prevent or
15 respond to acts of terrorism.
16
2.
That estimated revenue from the federal government in the
17 FY 2004-05 Operating Budget is hereby increased by $753,629.
18
19
Adopted by the Council of the
Virginia, on the 22nd day of February
City of Virginia Beach,
, 2005.
Requires an affirmative vote by a majority of the members of
the City Council.
AjF\OVED AS TO CONTENT:
LJ~ Q,
Management Services
APPROVED AS TO LEGAL
SUFFICIENCY:
City
CA9503
R2
February 10, 2005
H:\PA\GG\ORDRES\LETPP GRANT ORD.DOC
1
2
3
4
5
6
7
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$35,000 FROM THE FEDERAL EMERGENCY
MANAGEMENT AGENCY TO THE FY 2004-05
OPERATING BUDGET OF THE FIRE DEPARTMENT
TO FUND THE CITIZEN CORPS COUNCIL.
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
1.
That $35,000 in additional federal revenue is hereby
11 accepted from the Federal Emergency Management Agency and
12 appropriated to the FY 04-05 Operating Budget of the Fire
13 Department to cover costs associated with the Citizen Corps
14 Council.
15
2 .
That estimated revenue from the federal government in
16 the FY 2004-05 operating budget is increased by $35,000.
17
18 Adopted by the Council of the City of Virginia Beach,
19 Virginia on the 22nd
day of Februa~Y2005.
Approved as to Content:
Approved as to Legal
Sufficiency:
1J
l~J~,V
City Attorn~
Management Services
CA9504
R2
February 9, 2005
H:\PA\GG\ORDRES\Citizen Corps ord.doc
Citizen Corps - Local A ward Agreement
By accepting $
35.000.00
in Citizen Corps funds from the Virginia
Department of Emergency Management for the 2004 Citizen Corps Program
(CCP),
the City of Virginia Beach
Jurisdiction
agrees to adhere to all
terms and conditions set forth in the grant.
~
January 25, 2005
Date
anager
1
2
3
4
5
6
7
8
9
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$15,000 FROM THE VIRGINIA FOUNDATION FOR
THE HUMANITIES TO THE LIBRARY
DEPARTMENT'S FY 2004-05 OPERATING BUDGET
TO SUPPORT A STUDY OF AFRICAN-AMERICAN
GENEOLOGY IN VIRGINIA
WHEREAS, the Virginia Foundation for the Humanities has
10 awarded a $15,000 grant to the Library Department to support a
11
study of African-American geneology in Virginia,
to be
12 supplemented with an $8,200 in-kind match from the Library
13 Department.
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
15 OF VIRGINIA BEACH, VIRGINIA:
16
1.
That $15,000 is hereby accepted from the Virginia
17 Foundation for the Humanities and appropriated to the Library
18 Department's FY 2004-05 Operating Budget to provide support for
19 a study of African-American geneology in Virginia.
20
2 .
That estimated revenue from donations is hereby
21 increased in the FY 2004-05 Operating Budget by $15,000.
22
Adopted by the Council of the City of Virginia Beach,
23 Virginia, on the 22nd day of ~e_bru<3;r~005.
Approved as to Legal Sufficiency
~ )' ~41~ Vi
City Attorney's CH! ice '
CA9506
Rl
February 9, 2005
H:\PA\GG\ORDRES\VFH Grant ord.doc
/
Virginia Foundation for the Humanities
145 EdnamDrive
Charlottesville, VA 22903-4629
434-924-3296
NOTIFICATION OF AWARD
Grantee: City of Virginia Beach
Funds Awarded: $15,000.00
Project Director(s):James Rose
Cost Share Required: $15,000.00
Financial Officer: Carolyn L. Barkley
Cost Share Requested: $23,700.00
Grant Period: UI10/2004-11/30/2006
Project Title: Cany Me Back to Old Virginia
Report Due Dates:
Interim # 1: 6/30/2005
Interim # 2: 1/31/2006
Final: 11/30/2006
Grant # 120895-04-17
YOUR PROGRAM STAFF CONTACT IS: David Bearinger
Forms and instructions for making reports and requesting payments are included in your grant
packet.
GENERAL PROVISIONS: Located in the Grant Manual.
SPECIAL CONDITIONS: Funding is conditional on the submission and approval, by
January 31, 2005, of an Addendum that 1) provides more information on the interview
process including training of the interviewer( s) and a list of questions to be asked; 2)
clarifies the role of the consulting historians; 3) explains the "new African American
geneological methodology" the project will create; 4) addresses technical issues related to
the DVD production; 5) explains how the funds requested for" promotion" are to be spent;
and 6) addresses the question of interviewees' privacy and how it will be protected.
Please sign and return one copy, keeping the second for your records. Your signature below
indicates that you have read the grant manual and accept its general provisions and requirements as
well as any special conditions set forth above.
Financial Officer
VFH grants are awarded contingent on final funding from the National Endowment for the
Humanities, the Commonwealth of Virginia, and any private sources on which grants depend. No
funds in this grant will be disbursed until final funding is secure.
1 AN ORDINANCE TO APPROPRIATE $9,180 A
2 NORFOLK FOUNDATION GRANT TO THE LIBRARY
3 DEPARTMENT'S FY 2004-05 OPERATING BUDGET
4 TO PROVIDE ACCESS TO ONLINE DATABASES
5
6
7 WHEREAS, on April 27, 2004 City Council accepted a three-
8 year $27,540 grant from the Norfolk Foundation and appropriated
9 the first of three annual awards of $9,180 to the Library
10 Department I s FY 2003-04 Operating Budget to provide access to
11 online databases.
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
13 OF VIRGINIA BEACH, VIRGINIA:
14
1.
That $9,180 from the Norfolk Foundation is hereby
15 appropriated to the Library Department's FY 2004-05 Operating
16 Budget to provide access to online databases.
17
2. That revenue from donations is hereby increased in the
18 FY 2004-05 Operating Budget by $9,180.
19
Adopted by the Council of the City of Virginia Beach,
20 Virginia, on the 22nd day ofFebruary2005.
Approved as to Content:
Approved as to Legal
Sufficiency:
D~ ~e'~~
CA9505
R2
February 10, 2005
H:\PA\GG\ORDRES\Norfolk Foundation Grant ord.doc
Mtn.' JD~'tI' LDlt Yh.A.V/
GRANT AGREEMENT
The grant to your organization from The Norfolk Foundation is for the explicit
purposes(s) described below and is subject to your acceptance of the following
conditions. To acknowledge this agreement and to accept the grant, PLEASE SIGN
AND RETURN THE ORIGINAL AGREEMENT TO THE NORFOLK FOUNDATION.
Grantee: Virginia Beach Public Library
Grant No. 20040005
Amount of Grant: $27.540.00
Program or Project Title:
To provide access to the foundation Directory Online
and GrantSelect databases
Grant Period Begins:
04/01/2004
Ends: 03/31/2007
Payment Schedule:
Three annual installments of $9,180 paid in March of
2004, 2005 and 2006
Special Conditions of the Grant:
Regional access must be maintained
Interim Report Due:
03/31/2005 and 03/31/2006
final Report Due:
03/31/2007
Special Provisions:
None
All grants are made in accordance with current and applicable laws and pursuant to
the internai Revenue Code, as amended, and the regulations issued hereunder.
Please read the following carefully:
I. Announcing Grants
The grantee agency is strongly encouraged to make public announcements
about the project. The grantee is requested to acknowledge The Norfolk Foundation
as grantmaker in all media communications, public announcements or printed
materials concerning the project.
-2-
Copies of such communications and announcements, and of published
references to the grant, should be sent to The Norfolk Foundation for its records.
In addition, grants approved by The Norfol k Foundation's Board of Directors are
reported to the community through The Norfolk Foundation's newsletter, annual
report and periodic listing of grants. The Norfolk Foundation also issues press releases
describing individual projects or programs.
II. Expenditure of Funds
This grant is to be used only for the purpose described above and in
accordance with the approved budget. The program is subject to modification only
with The Norfolk Foundation I s prior written approval.
A. The grantee shall return to The Norfolk Foundation any unexpended funds and
any unpaid grant funds will be rescinded:
1) At the end of the grant period, or
2) if The Norfolk Foundation determines that the grantee has not
performed in accordance with this agreement and approved
program/budget, or
B. No funds provided by The Norfolk Foundation may be used for any political
campaign, or to support attempts to influence legislation by any governmental
body, other than through making available the results of nonpartisan analysis, study
and research.
C. Unless specifically authorized by The Norfolk Foundation, expenses charged
against this grant may not be incurred prior to the effective date of the grant or
subsequent to the termination date and may be incurred only as necessary to carry
out the purposes and activities of the approved program.
D. The grantee organization is responsible for the expenditure of funds and for
maintaining adequate supporting records consistent with generally accepted
accounting practices.
-3-
III. Reports to The Norfolk Foundation
Grantee organizations are expected to report to The Norfolk Foundation on the
progress of their program or project according to the schedule described in this grant
agreement.
The final report must summarize the achievements of and lessons learned from
the project and provide a financial accounting for the expenditure of grant funds.
Reports will be considered late if received after the dates specified on page one of
the Agreement. The timeliness and quality of both the narrative and financial
sections of progress reports will be factors in evaluating the grantee for future
funding.
IV. Limit of Commitment
Unless otherwise stipulated in writing, this grant is made with the understanding
that The Norfolk Foundation has no obligation to provide other or additional support
to the grantee.
The Norfolk Foundation:
Grantee:
J~ /J ;2~Y
f!)te .
James K. Spore, City Manager
Print Name and Title
~~iJ. ~Ol woLt
Date
G:\Grant
Admin\Form\GRANT
AGREEMENT.doc
- 35 -
Item V-J. 4.
ORDINANCES
ITEM # 53614
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED::
Ordinance to AUTHORIZE the City Manager to execute an
AMENDED Cost Participation Agreement with KGS Construction
Company re construction of road improvements along Stumpy Lake
Lane and Archdale Drive.
Voting:
8-2 (By Consent)
Council Members Voting Aye:
Robert M Dyer, Vice Mayor Louis R. Jones, Richard A, Maddox,
Mayor Meyera E. OberndorJ, Jim Reeve, Peter W Schmidt, Rosemary
Wilson and James 1. Wood
Council Members Voting Nay:
Reba S. McClanan and Ron A, Villanueva
Council Members Absent:
Harry E. Diezel
February 22, 2005
1 ORDINANCE AUTHORIZING AMENDMENTS TO
2 TERMS OF A PROPOSED COST PARTICIPATION
3 AGREEMENT BETWEEN THE CITY AND KGS
4 CONSTRUCTION COMPANY (KGS) FOR THE
5 CONSTRUCTION OF IMPROVEMENTS TO
6 STUMPY LAKE LANE AND ARCHDALE DRIVE
7
8
9 WHEREAS, on July 22,2004, the City Council by Ordinance ORD-2830G authorized a Cost
10 Participation Agreement between the City and KGS Construction Company for construction of
11 improvements to Stumpy Lake Lane and Archdale Drive;
12 WHEREAS, due to construction cost increases, amendments to the previously approved
13 terms of the Cost Participation Agreement are required.
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16
1.
That the City Council authorizes the City Manager to execute a Cost Participation
17 Agreement between the City and KGS for construction of road improvements along Stumpy Lake
18 Lane and Archdale Drive in accordance with the revised Cost Participation Agreement Summary of
19 Terms attached hereto, and containing other terms as are acceptable to the City Manager and
20 approved by the City Attorney.
21
2.
That any change orders that arise under the Cost Participation Agreement from
22 time to time shall be reviewed and approved in accordance with the City of Virginia Beach
23 Administrative Directive 6.04 - 6.0, Procedures for Contract Change Orders.
24
25 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of
26 February, 2005.
1
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
CA-9431
F:\Data\ATY\OID\REAL ESTATE\Acquisitions\WORKING - DEEDS\Stumpy Lake Lane\Revised Ord-vr4.DOC
R-3
2/2/2005
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
~~
City Attorney's Office
CERTIFIED AS TO
AVAILABILITY OF
FUNDS:
flr. '. ~
v QY~~ .
JDepartment ofFi ance
(hd)
2
AMENDED SUMMARY OF TERMS
STUMPY LAKE LANE AND ARCHDALE DRIVE IMPROVEMENTS
COST P ARTICIP AnON AGREEMENT
(Amended terms are bolded)
DEVELOPER:
COST PARTICIPANT:
DESIGN AND
ENGINEERING COSTS:
CHANGE ORDERS:
SPECIAL TERMS
AND CONDITIONS:
KGS Construction Company (KGS)
City of Virginia Beach
Payment by the City to KGS in the amount of $425,000.
All bonds must be posted prior to payment by the City.
Payment will be made within thirty days after i) completion
of the improvements in accordance with the plans, ii)
acceptance by the City, and iii) submission by Developer of
a requisition and invoices for the costs.
Costs associated with any Change Order will be
negotiated at the time of the discovery of an unforeseen
condition or at the time of any City initiated request for
a change. Change Orders must be in writing and be
mutually agreed upon.
Change orders that arise under the Cost Participation
Agreement from time to time shall be reviewed and
approved in accordance with the City of Virginia Beach
Administrative Directive 6.04 - 6.0, Procedures for
Contract Change Orders.
Developer is required to post a performance bond, pay the
standard inspection fees.
Developer will design and construct the road improvements
on or before 180 days from the date of full execution of the
Cost Participation Agreement.
Developer will perform all preliminary site work including
surveying and stakeout, clearing, grading, etc. necessary for
the construction of the project.
Developer will construct a 2-1ane roadway with curb/gutter,
and a sidewalk for both Stumpy Lake Lane and Archdale
Drive, each matching the typical section of the existing
roadway.
Developer will construct all storm water drainage features,
construct and maintain all erosion and sediment control
features necessary for the project and extend the water line
along Stumpy Lake Lane as necessary for the project.
Developer will provide all traffic signage, pavement
markings and street lighting necessary for the project.
Developer will construct all landscaping, including trees,
grading, seeding and fertilizing necessary for the project.
vi
"''',
2:
r..-O
Uj:::
:;;lS
~o
Cl..-.J
:s:~
222
QI..l..J
1..l..J~
-.J1..l..J
-::(e:::
o..QlJ ,
~o~~g
<e:::2oCXl
2::(0011
0L:ijf::"'l~
f:::2~~w
-<:(:S~:::J;i
OUt"U::::::>u
-f::: (/)
/ -.J. ~ e:::
:s~
6:1-
~O
~U
V')
o
o
tD
II
/
,I
Ii
1\
,I
1\
L-~
....-------,
~~J
--::. ~~
,.-------' ,
- "'"
o
o
CXl
)
o
"
~
~
'"
c
c
c
1:
Q
to
c
Q
"-
~
'-
c:
~
c
Lc
"-
~
"
-<:
~
ct
o
o
1.O
o
o
r0
o
o
r0
w
..j
<l:
U
1Il
u.J
:r:
r
",~~~o,
:~'\lt~
'f>.-~----
{- :
\If
~*
-------:
- 36-
Item V-J. 5. a.
ORDINANCES
ITEM # 53615
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance to A UTHORIZE temporary encroachments into the City's
right-of-way for FRED C. MCKINNEY at Cullen Road re water,
sewer, stormwater pipe and driveway (DISTRICT4 -BAYSIDE)
The following conditions shall be required:
1. The temporary encroachment shall be constructed and
maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach and in accordance with
the City's specifications and approval as to size, alignment and
location.
2. The temporary encroachment shall terminate upon notice by the
City to the applicant and, within thirty (30) days after such notice
is given, the temporary encroachment must be removed from the
encroachment area by the applicant and the applicant will bear
all costs and expenses of such removal,
3. The applicant shall indemnifY and hold harmless the City, its
agents and employees from and against all claims, damages,
losses and expenses, including reasonable attorney 's fees in case
it shall be necessary to file or defend an action arising out of the
location or existence of the temporary encroachment,
4. Nothing herein contained shall be construed to enlarge the
permission and authority to permit the maintenance or
construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to permit
the maintenance and construction of any encroachment by
anyone other than the 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 traffic
control plan before commencing work and further that no open
cut of the public roadway will be allowed except under extreme
circumstances. Requests for exceptions must be submitted to the
Highway Operations Division, Department of Public Works for
final approval.
7. The applicant must obtain a permit from the Office of
Development Services Center, Planning Department prior to
commencing any construction andJurther, that prior to issuance
of a right-of- way permit, the applicant must post a bond or other
security, in accordance with their engineer's cost estimate,
Office of Development Services Center, Planning Department.
February 22,2005
Item V-J.5.a.
ORDINANCES
- 37-
ITEM # 53615 (Continued)
8. The applicant shall obtain and keep in force all risk property
insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the
City as additional named insured or loss payee, as applicable,
The applicant must also carry comprehensive general liability
insurance in an amount not less than Five Hundred Thousand
Dollars ($500,000), combined single limits of such insurance
policy or policies. The applicant must provide endorsements
providing at least thirty (30) days' written notice to the City prior
to the cancellation or termination of, or material change to, any
of the insurance policies. The applicant assumes all
responsibilities and liabilities, vested or contingent, with relation
to the temporary encroachment,
9. The applicant shall connect with sanitary sewer facilities when
they become available, within the time stipulated by the City and
those plans must be submitted to the Department of Public
Utilities for review and, further, the temporary encroachment
shall conform to the minimum setback requirements, as
established by the City Traffic Engineers Office,
10. The applicant must submit for review and approval, a survey of
the encroachment area, certified by a registered professional
engineer or a licensed land surveyor, and/or "as built" plans
sealed by a registered professional engineer, if required by either
the City Engineer's Office or the Engineering Division of the
Public Utilities Department.
11. The City, upon revocation of such authority and permission so
granted, may remove the temporary encroachment and charge
the cost thereof to the applicant and collect the cost in any
manner provided by law for the collection of local or state taxes;
may require the applicant to remove such temporary
encroachment; and, pending such removal, the City may charge
the applicantfor the use of such portion of the City's right-ofway
encroached upon the equivalent of what would be the real
property tax upon the land so occupied if it were owned by the
applicant; and if such removal shall not be made within the time
specified by the City, the City shall impose a penalty in the sum
of One Hundred Dollars ($100.00) per day for each and every
day that such temporary 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.
February 22, 2005
- 38-
Item V-J.5.a.
ORDINANCES ITEM # 53615 (Continued)
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E, Diezel
February 22, 2005
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO PORTIONS OF CITY PROPERTY
6 AND RIGHT OF WAY LOCATED AT
7 CULLEN ROAD BY FRED C.
8 MCKINNEY, HIS HEIRS, ASSIGNS
9 AND SUCCESSORS IN TITLE
10
11 WHEREAS, Fred C. McKinney desires to construct and maintain temporary
12 encroachments for water, sewer, stormwater pipe and driveway into portions of existing
13 City property and right of way located at Cullen Road.
14 WHEREAS, City Council is authorized pursuant to ~~ 15.2-2009 and 15.2-2107,
15 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
16 City's right-of-way subject to such terms and conditions as Council may prescribe.
17 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA:
19 That pursuant to the authority and to the extent thereof contained in ~~ 15.2-
20 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Fred C. Mckinney, his heirs,
21 assigns and successors in title are authorized to construct and maintain temporary
22 encroachments for water, sewer, stormwater pipe and driveway into portions of existing
23 City property and right of way as shown on the map entitled: "Exhibit A,
24 ENCROACHMENT PLAT OF PROPOSED CONCRETE DRIVE, WATER LINE,
25 STORM DRAIN AND SANITARY SEWER GPIN 1479-42-0291," a copy of which is on
26 file in the Department of Public Works and to which reference is made for a more
27 particular description; and
,-
28 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
29 subject to those terms, conditions and criteria contained in the Agreement between the
30 City of Virginia Beach and Fred C. Mckinney (the "Agreement"), which is attached
31 hereto and incorporated by reference; and
32 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
33 is hereby authorized to execute the Agreement; and
34 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
35 time as Fred C. Mckinney and the City Manager or his authorized designee execute the
36 Agreement.
37 Adopted by the Council of the City of Virginia Beach, Virginia, on the
38 22nd day of February ,2005.
39
40 APPROVED AS TO CONTENTS
:; ~ME ~Kc."
43 FrJ R~ [<;fri1i
44 DEPARTMENT
45
46
47
48
49
50
51
52 PREPARED: 1/19/05
53
54
55 X:\Projects\Encroachments\Applicants\McKinney - 1480 RAB\Ordinance.doc
MCKINNEY PROPER7Y
GPIN 1479-42-029~ \ \
LOT3A \) \)
o
LOCATION MAP
SHOWING PROPERTY OWNED BY FRED MCKINNEY
~ (GPIN 1479-42-0291)
() <t>( AND SHOWING ENCROACHMENT REQUEST FOR /
0. DRIVEWAY, WATER, SEWER, AND STORMWATER PIPE
INTO CITY RIGHT OF WAY KNOWN AS
CULLEN ROAD AND CITY PROPERTY KNOWN AS
GPIN 1479-42-0223 (F 1 K IA 11479-42-0342)
SCALE: 1" = 200'
MCKINNEY.DGN M.J.S.
PREPARED BY PM' ENG, CADD DEPT. JAN, 24, 2005
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDA nON TAXES
UNDER SECTION 58.l-811(c) (3)
THIS AGREEMENT, made this 2nd day of February, 2005, by and between the
CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and FRED
C. MCKINNEY, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even
though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "LOT 3A 10529 SQ.FT. 0.241 ACRES G.P.I.N. 1479-42-
0291 ", as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 3 & 4, BLOCK 2
SUBDIVISION OF PROPERTY OF C.R. FENTRESS" (M.B. 262 at page 20), and being further
designated and described as GPIN 1479-42-0291;
WHEREAS, it is proposed by the Grantee to construct and maintain water, sewer,
stormwater pipe and driveway, "Temporary Encroachment", in the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into portions of existing City property known as GPIN
1479-42-0223 (F/K/A 1479-42-0342} and City right of way located at Cullen Road, "The
Encroachment Area"; and
I WHEREAS, the Grantee has requested that the City permit a Temporary
I
I Encroachment within The Encroachment Area.
I
I
j
I
I GPIN: NO GPIN ASSIGNED TO THE RIGHT OF WAY AND
I GPIN 1479-42-0223 (F/K/A 1479-42-0342)
I
I
I
!
~
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in
hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the
Grantee permission to use The Encroachment Area for the purpose of constructing and
maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia and
the City of Virginia Beach, and in accordance with the City's specifications and approval and is
more particularly described as follows, to wit:
A Temporary Encroachment into The Encroachment Area as
shown on that certain plat entitled: "EXHIBIT "A"
ENCROACHMENT PLAT OF PROPOSED CONCRETE
DRIVE, WATER LINE, STORM DRAIN AND SANITARY
SEWER GPIN 1479-42-0291," 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 terminates upon notice by the City to the Grantee, and that within thirty (30)
days after the notice is given, the Temporary Encroachment must be removed from The
Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such
removal.
It is further expressly understood and agreed that the Grantee shall indemnify and
hold harmless the City, its agents and employees, from and against all claims, damages, losses
and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an
action arising out of the location or existence of the Temporary Encroachment.
2
It is further expressly understood and agreed that nothing herein contained shall
be construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the
Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain
the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must submit and
have approved a traffic control plan before commencing work in The Encroachment Area.
, It is further expressly understood and agreed that the Grantee agrees that no open
II cut of the public roadway will be allowed except under extreme circumstances. Requests for
I exceptions must be submitted to the Highway Operations Division, Department of Public Works,
for final approval.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Development Services Center/Planning Department prior to commencing any
construction within The Encroachment Area.
/'
It is further expressly understood and agreed that prior to issuance of a right of
I way permit, the Grantee must post a bond or other security, in accordance with their engineer's
II cost estimate, to the Office of Development Services Center/Planning Department.
I,
~ ;
! I It is further expressly understood and agreed that the Grantee must obtain and
: I
j I keep in force all-risk property insurance and general liability or such insurance as is deemed
11
II necessary by the City, and all insurance policies must name the City as additional named insured
! I
q
I ! or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability
41
II
~ ,
H
1 ~
j "
II
l ~
11
II
II
, j
3
insurance in an amount not less than $500,000.00, combined single limits of such insurance
policy or policies. The Grantee will provide endorsements providing at least thirty (30) days
written notice to the City prior to the cancellation or termination of, or material change to, any of
the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the Temporary Encroachment.
It is further expressly understood and agreed that the Grantee connect with
sanitary sewer facilities when they become available, within the time stipulated by the City and
that plans must be submitted to the Department of Public Utilities for review.
It is further expressly understood and agreed that the Temporary Encroachment
must conform to the minimum setbacks requirements, as established by the City.
It is further expressly understood and agreed that the Grantee must submit for
review and approval, a survey of The Encroachment Area, certified by a registered professional
engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment
sealed by a registered professional engineer, if required by either the City Engineer's Office or
the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the City, upon revocation of
such authority and permission so granted, may remove the Temporary Encroachment and charge
the cost thereof to the Grantee, and collect the cost in any manner provided by law for the
collection of local or state taxes; may require the Grantee to remove the Temporary
Encroachment; and pending such removal, the City may charge the Grantee for the use of The
Encroachment Area, the equivalent of what would be the real property tax upon the land so
occupied if it were owned by the Grantee; and if such removal shall not be made within the time
ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One
4
Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is
allowed to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Fred C. McKinney, the said Grantee has caused this
Agreement to be executed by his signature. 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:
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
r---j. ...', ./).~ .;<.1/./.... ";;;i~..) )
O~/l' .,It';J! 0'/ l ',/
, ." !.,tll ' ,4>--',. ,',t.-
. .' ,./ \.......(L.C ~... I { , 1'.-"~t4"/."p(
Fred C. McKinney 'iM)t~ /,/'
,"J 11':J; IOfl... (/ / :).. / 0 .~
II ,
The foregoing instrument was acknowledged before me this b{ A.C day of
'i J, , 2005, by r ~ Q'. M~ k, ~nei CITY MANAGER! AUTIlORlZED
DESIGNEE OF THE CITY MANAGER. ) /.; -' I'
,1'-1 "t --#.. -. - ":---;::>.p
flt r;' ;L/.C ~-
Notary Public
My Commission Expires: ~ /3e/o S'
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2005, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
My Commission Expires:
STATE OF
CITY/COUNTY OF
, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2005, by Fred C. McKinney.
Notary Public
My Commission Expires:
II A_~PROVED AS TO CONTENTS
1(' {\
'.1 ''''t "\-., (, . If'''
. j . ,</.1.. ,p.,.
'-- _~..t'vv ,..
IGNATURE~
PLO ~j;1 f~1c1l
DEPARTMENT
I
!
I
!
I X:\Projects\Encroachments\Applicants\McKinney - 1480 RAB\Agreement Encroachment.Frm.doc
I
1
I
1
6
~
'"
(,Os) OV'OtJ lSOcLJ ..
,,'
:t,i-
.................. ~ ~
" 1..........
~..
~~~~~'....
" ---....::::.-..
('() ~-
d -~.-q"
N
"
E
'C
'0
'"
~
~~
~
",-0
? ~~v
. "'-
#
~
~:I:,
0" :.;
o~ 0.:
<1,,<; - '"
" f~"~:'
-l~
,-l ~
r I :::>
'IU~
'" il ",'
ii
'I
I,
!i
I!
'I
I'
!/
Ii
II
"
"
ii
~
~..;>./.
s-{s
-Y..tt-;
IV/06;
000
-Y 1Ji~
0'
-Y..tfy
'..!s
Ir;A,
'V/~J,
<0'1.1
OfylJi
-YlJio<"
/..;..tl)
Os
....
fj
$
'fj
eo
Z
<>
" . ._~
,,;-- ~
~_.I~- ~
i:l
i
g
~
~
&
fS
~
... P'iC
".to ~o)
~o l'\E.ou\..E.
op tSC . ,"
,,"'
,,'
00
.c o.(J-,;-
'-- . .
E~N
N~
II"
C E>
g.c.s
;:.
'"
J'
{R
,,'
", 0
r-
r
I
...
fj
.$
<>
&
tJ
~
~
::
~
;S
~
~
8-
d;
.,
C"4D_N
bl5;;:;;:!j Y'
-IaJPflo
IJ...< .!
o~a..~
ffi~~J,
~~~s:
~Oai:z
~~.e.fu
<.J
. .- SEWER LATERAL
(appro~. l.4.!l::;'up)
'''~l~.. (. . ~
8g..-
.....
'. j: .
'\i
'"
j....
o
'"
'"
OIl
Z
@
I . :.
"> ~ ,,/
0,/ ,,-'
edge of woods '? ,,':-
SECOND STR E ET (30') (UNIMPROVED)
(M.B. 7, PART 2, P. 125)
@ 0
~C>-
:r' HIGH BERM C'iTY"R/W)
o
0>- 23
e,,0:::::-l i:5
I<(O CD
f-= <
e"ZO,,-~
:::> W :r: ~ (g
O~O ~
O:::::W(f) 0
o -l ~
IW u
I-
"'
'"
'?
00
t;;~~
:5"'~
g;" I
~~~
~Z"'_
'-!I.
,."<::--,,,
'"
z
ox'"
~~~
~t=~
10' R RESERVATION
7B' - B" PERFORATED PVC @ 0,3:;
"
b
o:i
'"
EXHIBIT" A"
ENCROACHMENT PLAT OF
PROPOSED CONCRETE DRIVE, WATER LINE
,
STORM DRAIN AND SANITARY SEWER
GPIN 1479-42-0291
!
~
. t .oO'oz
;
.
.' .o-a'15
'" "
"-.-: '" N
" ~ N
:'i II
. i3 .....
.....
.osn't
. t. . ~
::... .
',. ')
.~. .
""it
"tl'..
'V
'"
""..,...... ..
a,..
......':",,:
:f"o
N",
g;1/ II
~::E>
z:D2~
z
0
t 0
"
ti
i'i
I u
i!;
b~
~~
~~
..
0 3:1:1
~ !:::~
. '"
"- au
a 1;a
~ ~!::i
~ ;;
e u...
0: V1
""
ll..
10
;,.
;:
g
"
.OO'L~
.,
,;
'\i
~
'"
'"
'" u
~5CJO
:z a ~
Vi Ri ~ "'
~ '" ~_.,
f g L&... ....("'i-
'" :0;;
;:::
.,
,,,
'\i
"
'"
'"
<
o
~ ~
oV'" ~
o
~o-
~
"
",.
'"
- 39-
Item V-J.5.b.
ORDINANCES
ITEM # 53616
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance to A UTHORIZE temporary encroachments into the City's
right-of-way for WINIFRED J. AND MICHAEL D. MARQUART at
1100 Wythe Lane re pavers, stone call box, electrical conduit, columns
andfencing (DISTRICT 5 -LYNNHAVEN)
The following conditions shall be required:
1. The temporary encroachment shall be constructed and
maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach and in accordance with
the City's specifications and approval as to size, alignment and
location.
2. The temporary encroachment shall terminate upon notice by the
City to the applicant and, within thirty (30) days after such notice
is given, the temporary encroachment must be removed from the
encroachment area by the applicant and the applicant will bear
all costs and expenses of such removal.
3. The applicant shall indemnifY and hold harmless the City, its
agents and employees from and against all claims, damages,
losses and expenses, including reasonable attorney's fees in case
it shall be necessary to file or defend an action arising out of the
location or existence of the temporary encroachment.
4. Nothing herein contained shall be construed to enlarge the
permission and authority to permit the maintenance or
construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to permit
the maintenance and construction of any encroachment by
anyone other than the 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 traffic
control plan before commencing work; and, further that no open
cut of the public roadway will be allowed except in the area
specifically identified as "PROPOSED CONCRETE
PAVERS WITH BRICK EDGING, W= 16' " on Exhibit A of
the Agreement. Requests for exceptions must be submitted
to the Highway Operations Division, Department of Public
Works, for final approval
February 22,2005
Item V-J.5.b.
ORDINANCES
- 40-
ITEM # 53616 (Continued)
7. The applicant must obtain a permit from the Office of
Development Services Center, Planning Department prior to
commencing any construction and,further, that prior to issuance
of a right-of-way permit, the applicant must post a bond or other
security, in accordance with their engineer's cost estimate,
Office of Development Services Center, Planning Department.
8. The applicant shall obtain and keep in force all risk property
insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the
City as additional named insured or loss payee, as applicable.
The applicant must also carry comprehensive general liability
insurance in an amount not less than Five Hundred Thousand
Dollars ($500,000), combined single limits of such insurance
policy or policies, The applicant must provide endorsements
providing at least thirty (30) days'written notice to the City prior
to the cancellation or termination of, or material change to, any
of the insurance policies, The applicant assumes all
responsibilities and liabilities, vested or contingent, with relation
to the temporary encroachment.
9. The applicant assumes all responsibility for construction of a
new manhole at the northern terminus of the proposed
Temporary Encroachment on Wythe Lane, which will define the
City's limits for operation and maintenance of sanitary sewer
and water utilities.
10. Further, the applicant assumes all responsibilityfor maintenance
of Wythe Lane in the area encompassed by this encroachment
and the City of Virginia Beach assumes no further maintenance
issues for this portion of Wythe Lane.
11. The applicant assumes all responsibility for maintenance and/or
connection with existing and/or future public water and sanitary
sewer facilities within the Temporary Encroachment and that
any plans must be submitted to the Department of Public Utilities
for review.
12. All landscaping materials within the Temporary Encroachment
must be approved by the Landscape Services Division of the
Department of Parks and Recreation.
13. The applicant must submit for review and approval, a survey of
the encroachment area, certified by a registered professional
engineer or a licensed land surveyor, and/or "as built" plans
sealed by a registered professional engineer, if required by either
the City Engineer's Office or the Engineering Division of the
Public Utilities Department,
February 22, 2005
- 41 -
Item V-J.5.b.
ORDINANCES ITEM # 53616 (Continued)
14, The applicant agrees to submit for review and approval, access
to the right-of way, including ability to open the gate, by needed
Public agencies and Emergency Services.
15. The applicant agrees that this encroachment shall automatically
terminate should any or all of the following occur: 1) a
residential dwelling is constructed on Lot 44; there ceases to be
a unity of use between Lots 11. 43 and 44.
16. The City, upon revocation of such authority and permission so
granted, may remove the temporary encroachment and charge
the cost thereof to the applicant and collect the cost in any
manner provided by law for the collection of local or state taxes;
may require the applicant to remove such temporary
encroachment; and, pending such removal, the City may charge
the applicant for the use of such portion of the City's 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
applicant; and if such removal shall not be made within the time
specified by the City, the City shall impose a penalty in the sum
of One Hundred Dollars ($100.00) per day for each and every
day that such temporary 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.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard
A. Maddox, Mayor Meyera E, Oberndorf, Jim Reeve, Peter W. Schmidt,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
February 22, 2005
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE A
4 TEMPORARY ENCROACHMENT INTO
5 A PORTION OF THE RIGHT-OF-WAY
6 LOCATED AT 1100 WYTHE LANE BY
7 WINIFRED J. MARQUART AND
8 MICHAEL D. MARQUART, THEIR
9 HEIRS, ASSIGNS AND SUCCESSORS
10 IN TITLE
11
12 WHEREAS, Winifred J. Marquart and Michael D. Marquart desire to install and
13 maintain concrete pavers, stone call box, electrical conduit, columns, and fencing within
14 the City's right-of-way located at 1100 Wythe Lane.
15 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107,
16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
17 City's right-of-way subject to such terms and conditions as Council may prescribe.
18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20 That pursuant to the authority and to the extent thereof contained in 99 15.2-
21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Winifred J. Marquart and
22 Michael D. Marquart, their heirs, assigns and successors in title are authorized to
23 construct and maintain a temporary encroachment for concrete pavers, stone call box,
24 electrical conduit, columns and fencing in the City's right-of-way as shown on the map
25 entitled: "EXHIBIT PLAT SHOWING ENCROACHMENT OF DRIVEWAY, COLUMNS &
26 FENCING IN WYTHE LANE RIW NORTH L1NKHORN PARK M.B. 7 P. 144 BY
27 WINIFRED J. MARQUART VIRGINIA BEACH, VIRGINIA" SCALE: 1" = 30' JUNE 4,
28 2004, a copy of which is on file in the Department of Public Works and to which
29 reference is made for a more particular description; and
30 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
31 subject to those terms, conditions and criteria contained in the Agreement between the
32 City of Virginia Beach and Winifred J. Marquart and Michael D. Marquart, (the
33 "Agreement"), which is attached hereto and incorporated by reference; and
34 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
35 is hereby authorized to execute the Agreement; and
36 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
37 time as Winifred J. Marquart and Michael D. Marquart, and the City Manager or his
38 authorized designee execute the Agreement.
39 Adopted by the Council of the City of Virginia Beach, Virginia, on the
40 ~rad day of _F..e.l?x.\!ax"y_, 2005.
41
42 APPROVED AS TO CONTENTS
~ ~UR~ drMs~
45 Ph) Red C!;fa1i
46 DEPARTMENT
47
48
49
50
51
52
53
54
~
~
h
.....
~
'"
:t
>c:
-lJ
l()
..r
I-
a
-.J
.31/~a 3.
<!fo~ ~& ~
2
<
:I: 2
~~
.,...-
I.LJ
cO
~~
o.z
00
n:n:
0._
co
~
ii:
t- (!)
Z
~ U
~ z
:c ~ ~
~ ~~
o c=d a::a..
a:: z~
u en Wo:::.....
~Z z ZOo
m W lL. :E z <( J: a... >-
:c 0 ::> - ....J ~ " rn
xC,!)....J Z
Wz 0 W:J ~
;: () ~J:~
o ~
:::c >=' 0
en ~ z
t- ~
<( -
....J (Y
a. ,
in
~
I.L.I
z~
~,
a:::
I.L.I
~a
l
._,
...-t
o
o
'"
<( ...-t-
~zw
ct:-z
<(CI::J
::Jct:~
0- J
ct:>
<( .
~~
.<(
JW
orno
w<(1"1
ct:-
lL.zl/
z CI.
3:ct:~
>
W
---1
<(
()
(f)
~
-1 -t'
III
u; ~~
0:: aN
W 0::<
W..JZN
Z <_I')
n.C3z~ii5
::>zg:>J,
..Jw 0 -N
..J u :r' -t'
<(oi'$l-~~
(9 en ~ 1Il t:-
O:: ... <
~ ~~
~ I')~
0:: :>
=>
en
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
58.1-811(e) (3)
THIS AGREEMENT, made this JitL day of December
, 2004, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and, WINIFRED J. MARQUART AND MICHAEL D. MARQUART, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land
designated and described as "Sites 42 and 43 North Linkhom Park" and are closely associated as
members/managers of Windmark Real Estate, LLC, the record owner of that certain lot, tract, or
parcel of land designated and described as "Lot 44 and "Jib Lot" North Linkhom Park" as shown
on that plat entitled "MAP OF NORTH LINKHORN PARK PROPERTY OF NORTH
LINKHORN PARK INC. PRINCESS ANNE CO, VA. GUY WEBB GENERAL AGI. SCALE
I" = 100' - MARCH, 1926." as recorded in Map Book 7 Page 144 in the Clerk's Office of the
Circuit Court in the City of Virginia Beach, Virginia, and being further designated and described
as 1100 Wythe Lane, Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to construct and maintain concrete
pavers, stone call box, electrical conduit, columns and fencing, "Temporary Encroachment", in
the City of Virginia Beach;
GPIN 2418-36-8529-0000
GPIN 2418-46-0708-0000
GPIN 2418-36-8883-0000
1
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of an existing City right of way known as
Wythe Lane "The Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in
hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the
Grantee permission to use The Encroachment Area for the purpose of constructing and
maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia and
the City of Virginia Beach, and in accordance with the City's specifications and approval and is
more particularly described as follows, to wit:
A Temporary Encroachment into The Encroachment Area as
shown on that certain plat entitled: "EXHIBIT PLAT SHOWING
ENCROACHMENT OF DRIVEWAY, COLUMNS & FENCING
IN WYTHE LANE R/W NORTH LINKHORN PARK M.B. 7 P.
144" a copy of which is attached hereto as EXHIBIT "A" and to
which reference is made for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment
from The Encroachment Area in the event of an emergency or public necessity.
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30)
days after the notice is given, the Temporary Encroachment must be removed from The
2
Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such
removal.
It is further expressly understood and agreed that the Grantee shall indemnify and
hold harmless the City, its agents and employees, from and against all claims, damages, losses
and expenses including reasonable attorneys' fees in case it shall be necessary to file or defend
an action arising out of the location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained shall
be construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the
Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain
the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must submit and
have approved a traffic control plan before commencing work in The Encroachment Area.
It is further expressly understood and agreed that the Grantee agrees that no open
cut of the public roadway will be allowed except in the area specifically identified as
"PROPOSED CONCRETE PAVERS WITH BRICK EDGING, W=16'" on Exhibit A, a copy of
which is attached to this agreement and to which reference is made on Page 2 of this agreement.
Requests for exceptions must be submitted to the Highway Operations Division, Department of
Public Works, for final approval.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Development Services Center/Planning Department prior to commencing any
construction within The Encroachment Area.
3
It is further expressly understood and agreed that prior to issuance of a right of
way permit, the Grantee must post a bond or other security, in accordance with their engineer's
cost estimate, to the Office of Development Services Center/Planning Department.
It is further expressly understood and agreed that the Grantee must obtain and
keep in force all-risk property insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the City as additional named insured
or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability
insurance in an amount not less than $500,000.00, combined single limits of such insurance
policy or policies. The Grantee will provide endorsements providing at least thirty (30) days
written notice to the City prior to the cancellation or termination of, or material change to, any of
the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the Temporary Encroachment.
It is further expressly understood and agreed that the Grantee assumes all
responsibility for construction of a new manhole at the northern terminus of the proposed
Temporary Encroachment on Wythe Lane, which will define the City's limits for operation and
maintenance of sanitary sewer and water utilities.
It is further expressly understood and agreed that the Grantee assumes all
responsibility for maintenance of Wythe Lane in the area encompassed by this encroachment and
that the City of Virginia Beach assumes no further maintenance issues for this portion of Wythe
Lane.
It is further expressly understood and agreed that the Grantee assumes all
responsibility for maintenance and/or connection with existing and/or future public water and
sanitary sewer facilities within the Temporary Encroachment and that any plans must be
submitted to the Department of Public Utilities for review.
4
It is further expressly understood and agreed that all landscaping materials within
the Temporary Encroachment must be approved by the Landscape Services Division of the
Department of Parks and Recreation.
It is further expressly understood and agreed that the Grantee must submit for
review and approval, a survey of The Encroachment Area, certified by a registered professional
engineer or a licensed land surveyor, and "as built" plans of the Temporary Encroachment sealed
by a registered professional engineer, if required by either the City Engineer's Office or the
Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the Grantee must submit for
review and approval, access to the right-of-way, including ability to open the gate, by needed
Public agencies and Emergency Services.
It is further expressly understood and agreed that this encroachment shall
automatically terminate should any or all of the following occur: 1) a residential dwelling is
constructed on Lot 44 (GPIN 2418-46-0708-0000), 2) there ceases to be a unity of use between
Lots 42, 43 and 44.
It is further expressly understood and agreed that the City, upon revocation of
such authority and permission so granted, may remove the Temporary Encroachment and charge
the cost thereof to the Grantee, and collect the cost in any manner provided by law for the
collection of local or state taxes; may require the Grantee to remove the Temporary
Encroachment; and pending such removal, the City may charge the Grantee for the use of The
Encroachment Area, the equivalent of what would be the real property tax upon the land so
occupied if it were owned by the Grantee; and if such removal shall not be made within the time
ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is
5
allowed to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Winifred J. Marquart and Michael D. Marquart, the
said Grantee has caused this Agreement to be executed by their signature and the said Windmark
Real Estate, L.L.C., has caused this agreement to be executed on its behalf by Michael D.
Marquart, Managing Member of Windmark Real Estate, L.L.C., a limited liability company,
with due authority to bind said limited liability company. Further, that the City of Virginia 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:
City Clerk
6
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
, 2004, by
DESIGNEE OF THE CITY MANAGER.
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
day of
, CITY MANAGER/AUTHORIZED
Notary Public
The foregoing instrument was acknowledged before me this
day of
, 2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
My Commission Expires:
STATE OF VIRGINIA
CITY/~ OF VIRGINIA BEACH , to-wit:
Notary Public
The foregoing instrument was acknowledged before me this 8th day of
December
,2004, by Winifred J. Marquart.
My Commission Expires: August 31, 2006
STATE OF VIRGINiA
CITY/~Y OF VIRGINIA BEACH , to-wit:
_Aylfi~}/ lt7talU
Notary Public
The foregoing instrument was acknowledged before me this 8th day of
December
,2004, by Michael D. Marquart.
My Commission Expires: August 31, 2006
7
STATE OF VIRGINIA
CITY/~~ OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 8th day of
December
, 2004, by Michael D. Marquart, Managing Member on behalf of Windmark
Real Estate, L.L.C.
A Ji L;lj)[//&
_ .)/J.. ., 7 i C:1
Notary Public
My Commission Expires: August 31, 2006
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFIECIENCY AND FORM
~Pa~
;j~.~.JdL--
SIGNATURE
//# ~/M~
I
DEPARTMENT
8
CIl
C
~ ;0
;0 '" ;;;
9", -<
~'" 0
>:!l ;0
Ql!lBl CIlG)
,j.i!;-l~>
"';:z:o r
"'.OlTlr
'1'~5 ~C
~~~-"tJ
"'-> Z
'" ~,... ITI
>:0 ITI
'" 0 ;0
~€; sn
Ul
.,. r
~
o
, '1J
...0 r
- )>
~ ~ ~
~ < Z ~ CJ)
;~~ ;J~ ~Z ~
C"J>/TI Corrrl 0 . /TI
C?CDO . z r G)X
/TII:.-CD......^r-CO I
f;' -<""U:C)> z 3:: IJ rrI CD
IS:: .02 2 Z-i
~ ~ ~;orrl CJ) ()
1:.-<0 tz :::0
c::oc :::0 ~ 0
z G) )> -0, ,,_ )>
/TIZ~ )>:E ()
~ )> ;0 ;:::!::J:
- ^ ...
2 3::
Q rrI
2 2
G) -f
I\,)
o
o
~
~ 8~~
7-IO~t
DJ?, t.t
'@~
fT1
:::0
~s:
'-' Z
fT1
:t
'.1!.
&
r
...
:;;:
:3
-"U
::0::0
00
Z"U
~m
nO
m......
-
~~
-Q
n:I:
>
C
~'<>
;:t^/
,44
<:5 c/'
\~~
00
c-
m
'"
?<
"
}>
r;;
;::
'"
Z
-l
ITI"U"U
0>::0
Q~O
z::o"U
'p(I)~
m
:e~o
!.:i!n
en 0
-mZ
::on
-::0
Om
^iT!
r
o
---i
-J:>.
-J:>.
r
o
-/
-J:>.
N
~
'?,
"[jl
o.
~
\.",
UI
~
Ll
.~
r
o
-i
..po.
IN
r
o
---i
-J:>.
CJ1
tr,
:>(
:t
......
~
""-
~
-
...
~
~
\
~\
\\0.
~~~6:~
-r:r!J
'\ \
..:::./
'\
-
L1NKHORN
BAY
LOCATION MAP SHOWING
ENCROACHMENT REQUESTED BY
WINIFRED J. MARQUART
AND MICHAEL J. MARQUART
FOR A STONE COLUMNS, GATE,
AND CONCRETE PAVERS
ENCROACHMENT
1100 WYTHE LANE
GPIN 2418-36-8529
SCALE: 1" = 200'
MARQUARTDGN M.j.S.
PREPARED BY P;W ENG. CADD DEPT. JUNE 2003
- 42-
Item V-J. 6.
ORDINANCES
ITEM # 53617
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance to A UTHORIZE acquisition of property in fee simple for
easements by agreement or condemnation re right-ol-way for Shipps
Corner Road Bridge replacement
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan,
RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
February 22, 2005
1
2
3
4
5
6
7
8 WHEREAS, in the opinion ofthe Council ofthe City of Virginia Beach, Virginia, a public
AN ORDINANCE TO AUTHORIZE ACQUISITION
OF PROPERTY IN FEE SIMPLE FOR RIGHT OF
WAY FOR SHIPPS CORNER ROAD BRIDGE
REPLACEMENT PROJECT CIP 2-007 EITHER BY
AGREEMENT OR CONDEMNATION
9 necessity exists for the construction of this important roadway project to improve transportation
10 within the City and for other related public purposes for the preservation ofthe safety, health, peace,
11 good order, comfort, convenience, and for the welfare ofthe people in the City of Virginia Beach.
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
13 VIRGINIA BEACH, VIRGINIA:
14 Section 1. That the City Council authorizes the acquisition by purchase or condemnation
15 pursuant to Sections 15.2-1901, et seq., Sections 33.1-89, et seq., and Title 25.1 of the Code of
16 Virginia of 1950, as amended, of all that certain real property in fee simple upon which such rights of
17 way shall be located, (the "Property"), as shown on the plans entitled "Shipps Corner Road Bridge
18 Replacement C.I.P. 2-007 ," (the "Project") and more specifically described on the acquisition plats
19 for the Project (plats and plans collectively referred to as the "Plans"), the Plans being on file in the
2 0 Engineering Division, Department of Public Works, City of Virginia Beach, Virginia.
21 Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf
22 ofthe City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners
23 or persons having an interest in said Property. If refused, the City Attorney is hereby authorized to
24 institute proceedings to condemn said Property.
25
F~lJL uary
Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd
,2005.
day of
26
27
28
29
30 CA 9476
31 PREPARED: January 5, 2005
32 x:\Projects\CIP Projects\Shipps Comer Bridge 2-007
..... ...
r--- -----
'"
33
, 34 APPROVED AS TO CONTENT
35
36 ~~~~ ~~
37
38 Pw K6?/ t-s1cJi
39 DEPARTMENT
40
41
42 APPROVED AS TO LEGAL
43 SUFFICIENCY AND FORM
44
45 ~!kt ~,
. ~
46 CITY ATTORNEY
47
,
LOCATION MAP FOR
SHIPPS CORNER ROAD
BRIDGE REPLACEMENT
CIP-2-007
SCALE: 1" = 400'
X: /PROJECTS /AGENDA MAPS /SHIPPS CORNER /SHIPPS CORNER.DGN M.J.S,
PREPARED BY PM' ENG. CADD DEPT, FEBRUARY 1,2005
- 43-
Item V-L.
PLANNING ITEM # 53618
1. CARLTON E. AND LAURA R. SEAY VARIANCE
2. FIVE DOG NIGHT, L.L.C CONDITIONAL USE PERMIT
3. KENNETH A. HALL FAMILY LIMITED
PARTNERSHIP
CONDITIONAL USE PERMIT
4. GEORGE B. AND EDNA F. PAULMINO
CONDITIONAL USE PERMIT
5. SBA COMMUNICATIONS, INC
CONDITIONAL USE PERMIT
6. REED ENTERPRISES
CONDITIONAL CHANGE OF ZONING
CONDITIONAL USE PERMIT
7. AEG PROPERTIES, L.L.C
CONDITIONAL CHANGE OF ZONING
CONDITIONAL USE PERMIT
8. ATLANTIC ENTERPRISES, INC
STREET CLOSURE
9. THE TAYLOR GROUP, L.L.L.P., Claude B. Brown,
Betty B. and R. Edward Bourdon, Jr.
STREET CLOSURE
CONDITIONAL USE PERMIT
February 22, 2005
- 44-
Item V-K..
PLANNING
ITEM # 53619
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED IN ONE
MOTION Items 1, 2,3,6, 8 and, 9 o!the PLANNING BY CONSENT AGENDA.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan,
RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
Council Members McClanan and Schmidt voted NAY on Item K.1. (Seay)
Council Lady McClanan voted NAY on Item K.6. (Reed Enterprises, Inc.)
February 22, 2005
- 45 -
Item V-K.1.
PLANNING
ITEM # 53620
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED a
Variance to ~4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the
requirements of the City Zoning Ordinance (CZO) for CARLTON E. and LAURA R. SEAY:
Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Carlton E. &
Laura R, Seay. Property is located at 1301 Harris Road (GPIN
14889911730000). DISTRICT 5 -LYNNHAVEN
The following conditions shall be required:
1. The parcels shall be substantially subdivided and recorded as
depicted on the Plat entitled "Subdivision Plant of Parcel B
Subdivision Plat ofSeay Property" prepared by MSA, P. C. dated
August 2, 2004.
2. A one-foot "no ingress/egress" easement shall be placed along
the Harris Roadfrontage of Parcel B-1.
3. No development for either a principal structure or an accessory
structure shall occur within the seaward fifty (50) feet of the
Chesapeake Bay Preservation Resource Protection Area.
Voting:
8-2 (By Consent)
Council Members Voting Aye:
Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox,
Mayor MeyeraE. Oberndorf, Jim Reeve, RonA. Villanueva, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
Reba S. McC/anan and Peter W Schmidt
Council Members Absent:
Harry E. Diezel
February 22, 2005
- 46-
Item V-.K.2.
PLANNING
ITEM # 53621
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an
Ordinance upon application of FIVE DOG NIGHT, L.L. C. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF FIVE DOG NIGHT, LLC.
FOR A CONDITIONAL USE PERMIT FOR A COMMERCIAL
KENNEL R020531229
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Five Dog Night, L.L. C. for a
Conditional Use Permit for a commercial kennel on property located
at 2901 Shipps Corner Road (GPIN 14954669610000). DISTRICT 6
-BEACH
The following conditions shall be required:
1. The site shall be developed in substantial conformance with the
submitted concept plan entitled, "Preliminary Layout for Animal
Kennel, 2901 Shipps Corner RD, dated 11/1/04, prepared by Site
Improvement Associates, Inc., with the ingress/egress at Shipps
Corner Road limited to a right-in and a right-out ingress/egress
and subject to approval by the Department of Public Works,
Traffic Engineering.
2. When the buildings are constructed on the property, they shall all
be in substantial conformance with the elevations entitled,
"Proposed Elevations of Johnson Kennels, "prepared by Martin
& Martin Architecture, Inc., dated December 2004, in terms of
building materials, architectural design and color scheme.
3. A reservation of26.5 feet shall be depicted on thefinal site plan
along Shipps Corner Road. All structures shall meet the
minimum required setback from the reservation line.
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-second of February Two
Thousand Four
February 22, 2005
- 47-
Item V-K.2.
PLANNING
ITEM # 53621 (Continued)
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W.
Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
February 22, 2005
- 48-
Item V-K.3.
PLANNING
ITEM # 53622
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an
Ordinance upon application of KENNETH A. HALL FAMILY LIMITED PARTNERSHIP for a
Conditional Use Permit:
APPLICATION OF THE KENNETH A. HALL FAMILY LIMITED
PARTNERSHIP FOR A CONDITIONAL USE PERMIT FOR MOTOR
VEHICLE SALES AND SERVICE R020531230
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Application of The Kenneth A, Hall Family Limited Partnership for a
Conditional Use Permit for motor vehicle sales and service on
property located at 4372 Holland Road (GPIN 14768709760000).
DISTRICT 3 - ROSE HALL
The following conditions shall be required:
1. All improvements shall substantially adhere to the exhibit
entitled "Exhibit of Proposed Additions to Hall Mazda" dated
11/01/04 prepared by MSA, P.e., which is on file with the
Virginia Beach Planning Department.
2. The proposed elevation shall substantially adhere to the
submitted drawing entitled "Building Renovations and Addition
for Hall Mazda" dated 1 0/22/04 prepared by Covington Hendrix
Architects, which is on file with the Virginia Beach Planning
Department,
3. No loud speakers or outdoor speaker system shall be permitted
on site and any existing outdoor speaker systems shall be
removed.
4. All parking lot lighting shall be designed to prevent direct
illumination, reflection and/or glare toward surrounding
properties and city streets. Lighting shall be directed to the
interior of the site and not reflect out horizontally or toward the
sky.
5. No pennants, streamers, balloons, portable signs, banners, or
other devices designed to attract attention to the business,
beyond the signs allowed by the City Zoning Ordinance and the
display of vehicles, shall be displayed on site or the vehicles,
February 22,2005
- 49-
Item V-K.3.
PLANNING
ITEM # 53622 (Continued)
6. Vehicles shall be parked within designated areas and no vehicles
shall be parked or displayed within any portion of any public
right-of-way or in any landscaped area. No vehicles shall be
displayed on ramps. Vehicles shall not be used as barriers to
prevent ingress or egress of the site. Storage of vehicles awaiting
sale shall not obstruct Fire Department access to the site.
7. All required parking shall be depicted on the final site plan.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance,
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of February Two
Thousand Four
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan,
RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
February 22,2005
- 50-
Item V-K.4.
PLANNING
ITEM # 53623
The following registered in SUPPORT:
Fred Virtuccio, Business Partner, 5556 Paca Lane, Phone: 519-9100
GeorgeB. Paulmino, 1236 Kempsville Road, Phone: 962-7218
Charles Curtis, (representing mother, Marjorie Curtis, of 1232 Kempsville Road), 4928 Rachel Street,
Phone: 497-7438, advised the applicant had agreed to install a 6foot vinylfence around the housing
for seniors and disabled persons
The following registered in OPPOSITION:
Joyce Trower, 1228 Kempsville Road, Phone: 495-7004
Rick West, 5220 Sharon Drive, Phone: 495-0740
Upon motion by Councilman Villanueva, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application of GEORGE B. & EDNA F. PAULMINO for a Conditional Use Permit
ORDINANCE UPON APPLICATION OF GEORGE B. & EDNA F.
PAULMINO FOR A CONDITIONAL USE PERMIT FOR HOUSING
FOR SENIORS AND DISABLED PERSONS R020531231
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of George B. & Edna F. Paulmino for a
Conditional Use Permit for housingfor seniors and disabled persons
on property located at 1236 Kempsville Road (GPIN
14654913970000), DISTRICT 2 - KEMPSVILLE
The following conditions shall be required:
1. The Conditional Use Permit shall be for provision of 8 bedrooms
for assisted living care for up to eight (8) individuals 62 years of
age and older.
2. The building shall be protected by centrally monitored alarm
systems. Bedrooms and bathrooms shall be served by a centrally
monitored call-for-aid system,
3. An automatic domestic fire alarm system and residential fire
suppression system, meeting the approval of the Virginia Beach
Office of Fire / Plans Review and the City Fire Protection
Engineer, shall be required for the safety of the residents,
4, The house numbers on the front of the residence shall remain
clearly visible and unobstructed at all times so that emergency
personnel can quickly find the house.
5. Sign age shall be clearly marked and consistent in color with the
primary building colors. Signage is limited to one (1) located on
the building no more than four (4) square feet.
February 22, 2005
- 51 -
Item V-K.4.
PLANNING
ITEM # 53623 (Continued)
6, Provide landscape screening and a six (6) foot vinyl privacy
fence between adjacent residential and the proposed facility.
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-second of February Two
Thousand Four
Voting: 6-4
Council Members Voting Aye:
Robert M. Dyer, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W
Schmidt, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox
and James L. Wood
Council Members Absent:
Harry E. Diezel
February 22, 2005
- 52-
Item V-K.5.
PLANNING
ITEM # 53624
The following registered in SUPPORT:
C.E. Forehand, 219 Sir Oliver, Norfolk, represented the applicant - SBA Communications, Inc,
William P. Bailey, 4841 Rosecrofl Street, Phone 495-0637, President Virginia Beach Fire Fighters
Association
Upon motion by Councilman Reeve, seconded by Councilman Maddox, City Council ADOPTED an
Ordinance upon application of SBA COMMUNICATIONS, INC.for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF SBA COMMUNICATIONS,
INC. FOR A CONDITIONAL USE PERMIT FOR A
COMMUNICATION TOWER R020531232
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of SBA Communications, Inc. for a
Conditional Use Permit for a communication tower on property
located at 2165 Pungo Ferry Road (GPIN 23095107360000).
DISTRICT 7 - PRINCESS ANNE
The following conditions shall be required:
1, The proposed tower must be developed as a monopole structure
not to exceed 199 feet USL. in overall height.
2. The applicant shall purchase and install a tower capable of
accommodating additional users,
3. Limits of clearing for the initial tower construction shall be
limited to the eastern half of the area inside the fence. The area
west of the access road, within the fifty (50) foot tower setback
shall not be cleared until a detailed site plan for a third provider
is approved.
4. The gravel parking spaces shown on the site plan shall be
relocated to the eastern side of the access road. The existing
trees on the western side of the access road must be preserved,
5. Unless a waiver is obtained from the City of Virginia Beach
Department of Communications and Information Technology
(COMIT), a radio frequency emissions study (RF Study),
conducted by a qualified engineer licensed to practice in the
Commonwealth of Virginia, showing that the intended user(s)
will not interfere with any City of Virginia Beach emergency
communications facilities, shall be provided prior to site plan
approval for the tower and all subsequent users.
February 22, 2005
- 53-
Item V-.K.5.
PLANNING
ITEM # 53624 (Continued)
6. In the event interference with any City emergency
communications facilities arises from the user of this tower, the
user shall take all measures reasonably necessary to correct and
eliminate the interference. If the interference cannot be
eliminated within a reasonable time, the user shall immediately
cease operation to the extent necessary to stop the interference.
7, In the event that the tower is inactive for a period of one (I) year,
it must be removed at the applicant's expense.
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-second of February Two
Thousand Four
Voting:
9-1
Council Members Voting Aye:
Robert M Dyer, Vice Mayor Louis R, Jones, Richard A. Maddox,
Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A,
Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Harry E. Diezel
February 22, 2005
- 54-
Item V-K. 6.
PLANNING
ITEM # 53625
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED Ordinances
upon application of REED ENTERPRISES, INC. for a Conditional Change of Zoning and Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF REED ENTERPRISES, INC.
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
AG-2 AGRICULTURAL DISTRICT TO CONDITIONAL B-2
COMMUNITY BUSINESS DISTRICT Z02051215
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Reed Enterprises, Inc, for a Chanrze of
Zoning District Classification from AG-2 Agricultural District to
Conditional B-2 Community Business District on property located on
the southeast side of Dam Neck Road, approximately 290 feet south of
Holland Road (GPINS 14951451250000; 62220000; -70200000). The
Comprehensive Plan designates this site as being part of the Primary
Residential Area, suitable for appropriately located suburban
residential and non-residential uses consistent with the policies of the
Comprehensive Plan. DISTRICT 7 - PRINCESS ANNE
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the
Clerk of the Circuit Court and is hereby made a part of the
record.
ORDINANCE UPON APPLICATION OF REED ENTERPRISES, INC.
FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE
REPAIR ESTABLISHMENT R020531233
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Reed Enterprises, Inc, for a Conditional
Use Permit for an automobile repair establishment on property located
on the southeast side of Dam Neck Road, approximately 290 feet south
of Holland Road (GPINS 14951451250000; -62220000; -70200000).
DISTRICT 7 - PRINCESS ANNE
The following conditions shall be required:
1. An access/cross reciprocal easement between the proposed
development and the existing service station to the north and the
property to the south shall be depicted on the final site plan.
February 22,2005
- 55 -
Item V-X. 6.
PLANNING
ITEM # 53625 (Continued)
2. The ingress/egress configurations for both Holland and Dam
Neck Roads shall be subject to approval by the Department of
Public Works, Traffic Engineering.
3. A photometric diagram plan shall be submitted to the Planning
Department at the time affinal site plan review. Said plan shall
include the location and height of all lighting poles and the
location of all building mounted fixtures. The lamp type, wattage
and type of fixture shall also be depicted on the plan.
These Ordinances 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-second of February Two
Thousand Four
Voting:
9-1 (By Consent)
Council Members Voting Aye:
Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox,
Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A,
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Harry E. Diezel
February 22, 2005
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6021
DATE: January 20,2005
TO:
Leslie L. Lilley
William M. Macali f}f-
DEPT: City Attorney
FROM:
DEPT: City Attorney
RE: Conditional Zoning Application - Reed Enterprises, Inc.
The above-referenced conditional zoning application is scheduled to be heard by the City
Council on February 22,2005. I have reviewed the subject proffer agreement, dated November 29,
2004, and have determined it to be legally sufficient and in proper legal form. A copy of the
agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter further.
WMMInlb
Enclosure
cc: Kathleen Hassen >
r -~
REED ENTERPRISES, INC., a Virginia corporation
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made this 29th day of November, 2004, by and between
REED ENTERPRISES, INC., a Virginia corporation, Grantor; and THE CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,
Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of three (3) contiguous parcels of
property located in the Princess Anne District of the City of Virginia Beach,
containing approximately 1.72 acres as more particularly described in Exhibit "A"
attached hereto ana. incorporated herein by this reference (the "Property"); and
WHEREAS, the Grantor has initiated a conditional amendment to the
Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the
Grantee so as to change the Zoning Classification of the Property from AG-2
Agricultural District to Conditional B-2 Community Business District; and
WHEREAS, the Grantee's policy is to provide only for the orderly
development of land for various purposes through zoning and other land
development legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible development of various types of uses conflict and that in order to
permit differing types of uses on and in the area of the Property and at the same
time to recognize the effects of change that will be created by the Grantor's
proposed rezoning, certain reasonable conditions governing the use of the Property
for the protection of the community that are not generally applicable to land
similarly zoned are needed to resolve the situation to which the Grantor's rezoning
application gives rise; and
PREPARED BY:
ISYrfS, ROVRDON. GPIN: 1495-14-5125
AlIfRN & llVY. P.C 1495-14-6222
1495-14-7020
1
~ -
PREPARED BY:
BB SYJ([S. nOURDON.
mAHfRN &: LM. P.C
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of
and prior to the public hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map with respect to the Property, the following
reasonable conditions related to the physical development, operation, and use of
the Property to be adopted as a part of said amendment to the Zoning Map relative
and applicable to the Property, which has a reasonable relation to the rezoning
and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, its successors, personal representatives,
assigns, grantees, and other successors in title or interest, voluntarily and without
any requirement by or exaction from the Grantee or its goveming body and
without any element of compulsion or Quid pro QUO for zoning, rezoning, site plan,
building permit, or subdivision approval, hereby makes the following declaration of
conditions and restrictions which shall restrict and govem the physical
development, operation, and use of the Property and hereby covenants and agrees
that this declaration shall constitute covenants running with the Property, which
shall be binding upon the Property and upon all parties and persons claiming
under or through the Grantor, its successors, personal representatives, assigns,
grantees, and other successors in interest or title:
1. When the Property is developed, it shall be developed substantially as
shown on the exhibit entitled "PRELIMINARY PLAN FOR AUTOMOTIVE SERVICE
FOR LOT 48 AND 49 & 50 S.W. CORNER HOLLAND AND DAM NECK ROADS FOR
REED ENTERPRISES, INC.", prepared by Land Design and Development, Inc.,
dated 13, Nov. '04, which has been exhibited to the Virginia Beach City Council
and is on file with the Virginia Beach Department of Planning (hereinafter "Site
Plan").
2. The exterior of the building depicted on the Site Plan shall be
substantially similar in appearance to the elevations shown on the exhibit entitled
"NEAL REED PROJECT - AUTO SERVICE CENTER, HOLLAND ROAD & DAM
NECK ROAD, VIRGINIA BEACH, VIRGINIA (PG A-2), dated 9-29-04, which has
been exhibited to the Virginia Beach City Council and is on file with the Virginia
Beach Department of Planning (hereinafter "Elevation").
2
. -
PREPARED BY,
3. When the Property is developed, it shall be landscaped consistent
with the detailed "LANDSCAPE PLAN FOR AUTOMOTIVE SERVICE FOR LOT 48
AND 49 & 50 S.W. CORNER HOLLAND AND DAM NECK ROADS FOR REED
ENTERPRISES, INC.", prepared by Kathleen Zeren, dated 11/19/04, which has
been exhibited to the Virginia Beach City Council and is on me with the Virginia
Beach Department of Planning (hereinafter "Landscape Plan").
4. The freestanding sign depicted on the Site Plan shall be brick based
monument style sign no greater than eight feet (81 in height.
5. All outdoor lighting shall be shielded, deflected, shaded and focused
to direct light down onto the premises and away from adjoining property.
6. Further conditions may be required by the Grantee during detailed
Site Plan review and administration of applicable City codes by all cognizant City
agencies and departments to meet all applicable City code requirements.
All references hereinabove to B-2 District and to the requirements and
regulations applicable thereto refer to the Comprehensive Zoning Ordinance and
Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the
date of approval of this Agreement by City Council, which are by this reference
incorporated herein.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall
continue in full force and effect until a subsequent amendment changes the zoning
of the Property and specifically repeals such conditions. Such conditions shall
continue despite a subsequent amendment to the Zoning Ordinance even if the
subsequent amendment is part of a comprehensive implementation of a new or
substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and
executed by the record owner of the Property at the time of recordation of such
instrument, provided that said instrument is consented to by the Grantee in
writing as evidenced by a certified copy of an ordinance or a resolution adopted by
the goveming body of the Grantee, after a public hearing before the Grantee which
was advertised pursuant to the provisions of Section 15.2-2204 of the Code of
mm SYliS. ROURDON.
m AHrnN & lIVY. P.c.
3
PREPARED BY:
lID Syn:s. ROURDON.
.. AIIrnN & LM. P.c.
Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along
with said instrument as conclusive evidence of such consent, and if not so
recorded, said instrument shall be void.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall
be vested with all necessary authority, on behalf of the goveming body of the City
of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
restrictions, including the authority (a) to order, in writing, that any
noncompliance with such conditions be remedied; and (b) to bring legal action or
suit to insure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages, or other appropriate action, suit, or
proceeding;
(2) The failure to meet all conditions and restrictions shall constitute
cause to deny the issuance of any of the required building or occupancy permits as
may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, the Grantor shall petition the governing body for the
review thereof prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances
and the conditions may be made readily available and accessible for public
inspection in the office of the Zoning Administrator and in the Planning
Department, and they shall be recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and
the Grantee.
4
PREPARED BY:
II sms. ROURDON.
AHrnN & llVY. P.C
WITNESS the following signature and seal:
STATE OF VIRGINIA
CI1Y OF VIRGINIA BEACH, to wit:
GRANTOR:
REED ENTERPRISES, INC.,
a Virginia corporation
(SEAL)
The foregoing instrument was acknowledged before me this 30th day of
November, 2004, by Neal Reed, President of Reed Enterprises, Inc., a Virginia
corporation, Grantor.
A~~/ It! i17C;/4fM
Notary Public
My Commission Expires: August 31, 2006
5
EXHIBIT "A"
PARCEL 1:
All of that certain lot, piece or parcel of land together with the buildings and
improvements thereon, lying, situate in the City of Virginia Beach, Virginia, and
known, numbered and designated as Lot 32, on a plat by J.E. Old, Surveyor,
containing 3-14/ 100 acres, more or less, and of record in Map Book 6, at Page 81,
in the Clerk's Office of the Circuit Court of the City of Virginia Beach.
LESS, SAVE AND EXCEPT, that portion of the lot containing 1.07 acres conveyed
by Deed dated April 6, 1961, and recorded in the aforesaid Clerk's Office in Deed
Book 676, at Page 326, a plat of which excepted property is recorded in Map Book
52, at Page 17.
LESS, SAVE AND EXCEPT that portion of the lot conveyed to Maggie Irene Parker
by Deed recorded in the aforesaid Clerk's Office in Deed Book 972, at Page 659.
LESS, SAVE AND EXCEPT that portion of the lot conveyed to Herman Jackson
Butts, by Deed recorded in the aforesaid Clerk's Office in Deed Book 862, at Page
680, and a plat of which is recorded in Map Book 62, at Page 33.
LESS, SAVE AND EXCEPT that portion of the lot which was conveyed to the City of
Virginia Beach, by Deed recorded in Deed Book 2621, at Page 1526 and shown in
that certain plat recorded in Deed Book 2564, at Page 790.
GPIN: 1495-14-5125
PARCEL 2:
ALL THAT certain tract, piece or parcel of land, situate, lying and being in
Seaboard Magisterial District of Princess Anne County, Virginia, being shown upon
that certain plat entitled "PROPERTY OF JOSEPHINE HUNTER LOCATED NEAR
LANDTOWN - PRINCESS ANN CO., VA" made by W.B. Gallup, Surveyors, on
March 29, 1961; said tract, piece or parcel of land being designated on said plat
"JOSEPHINE HUNTER TO LOUIS PARKER, SR. AND IRENE PARKER, 1.07 Ac. -
Northem 1/3 of Tract No. 32".
TOGETHER with all and siilgular the buildings and improvements thereon, the
rights and privileges, tenements, hereditaments, easements and appurtenances
unto the said land belonging or in anywise appertaining.
PREPARED BY:
GPIN: 1495-14-6222
IBID SYJ(IS. BOURDON.
BII AHrnN & llVY. P.c.
6
PARCEL 3:
ALL THAT certain lot, piece or parcel of land, situate, lying and being in the
Princess Anne Borough of the City of Virginia Beach, Virginia, and known,
numbered and designated as Parcel "A" shown upon that certain plat of land
entitled "SUBDIVISION OF PROPERTY OF JOSEPHINE HUNTER" located near
Landstown, Princess Anne Borough, Virginia Beach, Virginia, dated April 6, 1964
and made by W. B. Gallup, Surveyor, more particularly described as follows:
BEGINNING at a point on the northern line of the southern one-third of Tract 132,
which point is distant 248.24 feet East of Landstown Road and from said point of
beginning running N. 32 degrees 22' E. a distance of 100 feet to a pin; from said
pin running S. 57 degrees 38' E. a distance of 214.03 feet to a pin; from said pin
running S. 28 degrees 03' W. a distance of 100.28 feet to a pin; from said pin
running along the northern line of the southern one-third of Tract No. 32 N. 57
degrees 38' W. a distance of 221.57 feet to a pin which last mentioned pin is the
point of beginning.
GPIN: 1495-14-7020
CONDITIONALREZONE/REEDENTERPRISES/PROFFER3
REV. 11/29/04
PREPARED BY:
lIB Sms. ROURDON.
.. AIIrnN & llVY. P.C
7
- 56-
Item V-K. 7
PLANNING
ITEM # 53626
Attorney R. E. Bourdon, Phone: 499-8971, represented the applicant
Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council ADOPTED Ordinances
upon application of AEG PROPERTIES, L.L. C. for a Conditional Change of Zoning and Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF AEG PROPERTIES, L.L. C.
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
AG-1 & AG-2AND R-20 TO CONDITIONAL 1-1 Z02051216
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of AEG Properties, L.L. C. for a Change
of Zoning District Classification from AG-1 & AG-2 Agricultural
Districts and R-20 Residential District to Conditional 1-1 Light
Industrial District on property located on the North side of London
Bridge Road, approximately 1700 feet East of Harpers Road (GPINS
24053232110000 - part of; 24054236330000 - part oj). The purpose
of the zoning change is to develop office-warehouse units. The
Comprehensive Plan designates this area as Strategic Growth Area
10, suitable for mid-rise office and light industrial uses consistent with
the policies of the Comprehensive Plan. DISTRICT 7 - PRINCESS
ANNE
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the
Clerk of the Circuit Court and is hereby made a part of the
record.
AND,
ORDINANCE UPON APPLICATION OF AEG PROPERTIES, L.L. C.
FORA CONDITIONAL USEPERMITFORBULKSTORAGE (BOATS
AND RV'S) R020531234
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of AEG Properties, L.L. C. for a
Conditional Use Permit for bulk storage (boats and R V's) on property
located on the North side of London Bridge Road, approximately 1700
feet East of Harpers Road (GPINS 24053232110000 - part of;
24054236330000 - part oj). DISTRICT 7 - PRINCESS ANNE
February 22, 2005
- 57-
Item V-K. 7
PLANNING
ITEM # 53626 (Continued)
The following conditions shall be required:
Within the 30-foot wide landscape area depicted along the eastern
propertv line adjacent to the area noted as "BOAT and RV YARD, "on
the conceptual site lavout plan entitled, "AEG London Bridee
Propertv" prepared bv MSA. P.G.. dated November 11, 2004, the
applicant shall install a berm with the following characteristics:
L The berm shall be located immediatelv adjacent to the
storaee area
L The berm shall be a minimum of three (3) feet in height
L The berm shall have an eight (8) foot high solid privacv
fence alone the top of the berm
L The remaining buffer area to the east of the berm shall be
planted with both deciduous and everJ?reen veJ?etation
consistine of both trees and shrubs and shall be installed
in an undulatine desien in an effort to mimic natural
conditions but should form a solid screen at time of
maturity.
L The berm and associated landscaping along with the fence
detail shall be depicted on a landscape plan and shall
accompanv the final site plan for review bv the Plannine
Director.
These Ordinances 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-second of February Two
Thousand Four
Voting:
9-1
Council Members Voting Aye:
Robert M Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox,
Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A,
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Harry E. Diezel
February 22, 2005
(
(
AEG PROPERTIES, L.L.C., a Virginia limited liability company
THE TAYLOR GROUP, L.L.L.P., a Virginia limited liability limited partnership
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 26th day of March 2004, by and between AEG
PROPERTIES, L.L.C., a Virginia limited liability company, Grantor, party of the first
part; THE TAYLOR GROUP, L.L.L.P., a Virginia limited liability limited partnership,
Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia, Grantee, party of the third part.
WITNESSETH:
WHEREAS, the party of the second part is the owner of a certain parcel of property
located in the Beach District of the City of Virginia Beach, containing approximately 16.65
acres and described in Exhibit "A" attached hereto and incorporated herein by this
reference (the "Property"); and
WHEREAS, the party of the first part, being the contract purchaser of the Property
has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,
Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of
the Property from R-20 Residential District to I-I Industrial District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
GPIN: PART OF 2405-32-3211
PART OF 2405-42-3633
PREPARED BY:
SYKES BOURDON, AHERN & LEVY, P.C.
281 INDEPENDENCE BLVD.
PEMBROKE ONE BUILDING, THE FIFTH FLOOR
VIRGINIA BEACH, VIRGINIA 23462
1
WHEREAS, the Grantors acknowledge that the competing and sometimes
incompatible development of various types of uses conflict and that in order to permit
differing types of uses on and in the area of the Property and at the same time to
recognize the effects of change that will be created by the Grantors' proposed rezoning,
certain reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned are needed to resolve
the situation to which the Grantors' rezoning application gives rise; and
WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed amendment to the
Zoning Map with respect to the Property, the following reasonable conditions related to
the physical development, operation, and use of the Property to be adopted as a part of
said amendment to the Zoning Map relative and applicable to the Property, which has a
reasonable relation to the rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantors, their successors, personal representatives,
assigns, grantees, and other successors in title or interest, voluntarily and without any
requirement by or exaction from the Grantee or its governing body and without any
element of compulsion or auid pro auo for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby make the following declaration of conditions and restrictions
which shall restrict and govern the physical development, operation, and use of the
Property and hereby covenant and agree that this declaration shall constitute covenants
running with the Property, which shall be binding upon the Property and upon all parties
and persons claiming under or through the Grantors, their successors, personal
representatives, assigns, grantees, and other successors in interest or title:
1. When the Property is developed, it shall be developed into no more than four
(4) parcels substantially as shown on the exhibit entitled "REZONING EXHIBIT FOR
AEG LONDON BRIDGE PROPERTY, London Bridge Road, Virginia Beach, Virginia",
dated 3/24/04, prepared by MSA, P.C., which has been exhibited to the Virginia Beach
City Council and is on file with the Virginia Beach Department of Planning (hereinafter
"Subdivision Plan").
2. When the Property is developed, a coordinated plan of vehicular access,
parking and landscaping shall be constructed and installed, as depicted on the exhibit
2
(
entitled, "CONCEPTUAL SITE LAYOUT PLAN OF AEG LONDON BRIDGE
PROPERTY, London Bridge Road, Virginia Beach, Virginia," dated 3/24/04, prepared by
MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with
the Virginia Beach Department of Planning (hereinafter "Concept Plan").
3. When the parcel designated "5.35 AC" on the Subdivision Plan is developed,
the building locations, setbacks, parking, landscaping and drive aisles shall be
substantially as depicted on the Concept Plan.
4. When the parcel designated "5.35 AC" on the Subdivision Plan is developed,
the exterior of the buildings shall be substantially similar in architectural features,
building materials and appearance to the elevations shown on the exhibit entitled,
"PROPOSED BUILDING ELEVATION OFFICE WAREHOUSE SITE FOR AEG
PROPERTIES" and "PROPOSED BUILDING ELEVATION OFFICE WAREHOUSE
SITE BUILDINGS 2 & 3 FOR AEG PROPERTIES", dated 3/26/04, prepared by
Porterfield Design Center, which has been exhibited to the Virginia Beach City Council
and is on file with the Virginia Beach Department of Planning (hereinafter
"OfficelW arehouse Elevations").
5. When the parcel designated "8.57 AC" on the Subdivision Plan is developed,
the building locations, setbacks, parking, landscaping, storage yard and drive aisles shall
be substantially as depicted on the Concept Plan. The area of this parcel depicted as
"Storage Yard" on the Concept Plan shall only be utilized for storage of registered/operable
recreation vehicles ("RV"), watercraft, trailers, all terrain vehicles (A TV), motorcycles and
motor vehicles.
6. When the parcel designated "8.57 AC" on the Subdivision Plan is developed,
the exterior of the buildings shall be substantially similar in architectural features,
building materials and appearance to the elevations shown on the exhibit entitled,
"PROPOSED BUILDING ELEVATION AAAA SELF STORAGE LONDON BRIDGE
ROAD," dated 3/26/04, prepared by Porterfield Design Center, which has been exhibited to
the Virginia Beach City Council and is on file with the Virginia Beach Department of
Planning (hereinafter "Mini-Storage Elevations").
7. When the Property is developed, all freestanding signs shall be no greater
than eight feet (8') in height and shall be substantially similar in architectural design,
3
(
(
appearance, and building materials as depicted on the exhibit entitled "MONUMENT
SIGN ELEVATION, AAAA Self Storage", prepared by Porterfield Design Center, which
has been exhibited to the Virginia Beach City Council and is on file with the Virginia
Beach Department of Planning (hereinafter "Sign Elevation").
8. When the parcels designated "1.57 AC." and "1.16 AC." on the Subdivision
Plan are developed, any buildings shall be substantially similar in architecture to the
"Office - Warehouse Elevations" and "Mini-Storage Elevations". Elevations for a proposed
building shall be submitted to and approved by the Director of the Virginia Beach
Department of Planning prior to issuance of a building permit.
9. When the Property is developed, the parcels shall be subject to the following
mandatory site development guidelines:
(a) A thirty foot (30') Landscaped setback from London Bridge Road
shall be maintained and no improvements, other than freestanding
signs, shall be constructed within the Landscape setback.
(b) A minimum twenty-five foot (25') Landscaped, side yard setback on
the east side of the Property shall be maintained with Category II
Landscape Screening.
(c) Except where a larger minimum setback IS required In
Subparagraph (b) hereof or on the Concept Plan with respect to the
"Storage Yard", a minimum ten-foot (10') side yard and rear yard
building setback shall be required.
(d) No building shall exceed thirty-five feet (35') in height and the
primary exterior surface of the front and sides of all buildings shall
be either brick, split-face block, stone, or E.I.F.S. and shall be an
earth tone color or colors.
(e) Any dumpster or other outdoor trash receptacles on the parcel
designated "1.16 Ac. on the Subdivision Plan shall be located within
fifty feet (50') of both the northern (rear) property line and the
western (side) property line. Any dumpster shall be screened by a
solid walled and gated enclosure with landscape screening.
4
'.
(f) A cross-access and shared maintenance easement shall be
established for the drive aisle across the frontage of the parcels.
10. The following land uses shall not be permitted on the Property unless
approved by subsequent Modification of these Proffered Covenants, Restrictions and
Conditions by the Grantee in accordance with its Comprehensive Zoning Ordinance:
a. Airports, heliports and helistops;
b. Bingo halls;
c. Borrow pits;
d. Car wash facilities;
e. Childcare and childcare education centers;
f. Eating and drinking establishments;
g. Firewood preparation facility;
h. Hotels and motels;
1. Mobile home sales;
J. Personal watercraft rentals;
k. Public schools, colleges and universities and private schools, colleges
and universities;
1. Public utility transformer stations and major transmission lines and
towers;
m. Radio or television transmission, cellular telephone antenna and
relay stations;
n. Satellite wagering facility;
o. Vocational, technical, industrial and trade schools.
11. Further conditions may be required by the Grantee during detailed Site
Plan and/or Subdivision review and administration of applicable City Codes by all
cognizant City agencies and departments to meet all applicable City Code requirements.
All references hereinabove to the R-20 and 1-1 Districts and to the requirements
and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and
Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of
approval of this Agreement by City Council, which are by this reference incorporated
herein.
The above conditions, having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall
continue in full force and effect until a subsequent amendment changes the zoning of the
Property and specifically repeals such conditions. Such conditions shall continue despite a
subsequent amendment to the Zoning Ordinance even if the subsequent amendment is
5
(
(
part of a comprehensive implementation of a new or substantially revised Zoning
Ordinance until specifically repealed. The conditions, however, may be repealed,
amended, or varied by written instrument recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, and executed by the record owner of the
Property at the time of recordation of such instrument, provided that said instrument is
consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or
a resolution adopted by the governing body of the Grantee, after a public hearing before
the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the
Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along
with said instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
The Grantors covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied, and (b) to bring legal action or suit to insure compliance with such
conditions, including mandatory or prohibitory injunction, abatement, damages, or other
appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantors shall petition the governing body for the review thereof
prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office
of the Zoning Administrator and in the Planning Department, and they shall be recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and
indexed in the names of the Grantors and the Grantee.
6
WITNESS the following signature and seal:
GRANTOR:
AEG Properties, L.L.C., a Virginia limited
liability company -~_
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 1st day of April,
2004, by W. Whitney Graham, Managing Member of AEG Properties, L.L.C., a
Virginia limited liability company, Grantor.
~AylYr /)l.fY)t/ftlM
Notary Public
My Commission Expires: August 31, 2006
7
'.
(
WITNESS the following signatures and seals:
GRANTORS:
The Taylor Group, L.L.L.P., a Virginia limited
liability limited partnership
By:
LTC Management, Inc., a Virginia
corporation, General Partner
By:
~ __ 2' ~L. (SEAL)
Tomas E. Sny r, Authorized
Signatory in the place and stead of
Linda T. Chappell, President
By:
~ ~ "$::.1 (SEAL)
as E Snydqr, Authorized
Signatory in the place and stead of
Linda T. Chappell, General Partner
By: 9~ "1&", cL (SEAL)
Barbara T. Creech, General Partner
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
Ill'#, &:~,
The foregoing instrument was acknowledged before me this l:z....- day of
2004, by Thomas E. Snyder, Authorized Signatory in the place and stead of Linda T.
Chappell, President of LTC Management, Inc., a Virginia corporation, General
Partner of The Taylor Group, L.L.L.P., a Virginia limited liability limited partnership,
Grantor. 4~ /k/'~
Notary Public
My Commission Expires:
8'/3//07
8
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
th I1f': f
The foregoing instrument was acknowledged before me this --1.!L- day of Ma!eh
2004, by Thomas E. Snyder, Authorized Signatory in the place and stead of Linda T.
Chappell, General Partner of The Taylor Group, L.L.L.P., a Virginia limited liability
limited partnership, Grantor.
My Commission Expires:
.4~
tt/311a7
/YJ~
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
"th A~(; I
The foregoing instrument was acknowledged before me this ~ day of March
2004, by Barbara T. Creech, General Partner of The Taylor Group, L.L.L.P., a Virginia
limited liability limited partnership, Grantor. -/!.
-.d/ran #'~
Notary Public
My Commission Expires:
f/JI/a7
9
- 58-
Item V-K.8.
PLANNING
ITEM # 53627
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an
Ordinance upon application of ATLANTIC ENTERPRISES, INC. for the discontinuance, closure and
abandonment of a portion of 29 ~ Street:
Ordinance upon application of Atlantic Enterprises, Inc. for the
discontinuance, closure and abandonment of a portion of 2 9 ~ Street,
beginning on the east side of Pacific Avenue and running 136.5 feet in
an easterly direction. DISTRICT 6 - BEACH
The following conditions shall be required:
1. The City Attorney's Office will make the final determination
regarding ownership of the underlyingfee. The purchase price
to be paid to the City shall be determined according to the
"Policy Regarding Purchase of City's Interest in Streets
Pursuant to Street Closures, " approved by City Council. Copies
of the policy are available in the Planning Department,
2. The applicant is required to resubdivide the property and vacate
internal lot lines to incorporate the closed area into the
adjoining parcels, The plat must be submitted and approved for
recordation prior to final street closure approval.
L There is an existine public six-inch (6") sanitary sewer line
within the area proposed for closure. This line does not serve
anv customers. Public Utilities (at their expense) shall relocate
this line if necessary and provide a new sanitary sewer lateral at
the intersection of Pacific Avenue and 29 ~ to serve the proposed
Atlantic Enterprises development. !fit is determined that the line
should remain in place to serve the new development. a
satisfactory easement for the line must be dedicated to the Citv
of Vireinia Beach. Atlantic Enterprises shall pav applicable
sewer connection fees.
4. A right-of-way dedication for traffic control equipment,
satisfactory to the Department of Public Works, at the northwest
corner of the property shall be provided on the final street
closure plat.
5. The applicant is required to verifY that no private utilities exist
within the right-of-way proposed for closure. Preliminary
comments from the utility companies indicate that there are
private utilities for Virginia Natural Gas within the right-of-way
proposed for closure. If private utilities do exist, easements
satisfactory to the utility company, must be provided.
February 22, 2005
- 59-
Item V-K.8.
PLANNING
ITEM # 53627 (Continued)
6. Closure of the right-of-way shall be contingent upon compliance
with the above stated conditions within 365 days of approval by
City Council. If the conditions noted above are not accomplished
and the final plat is not approved within one (1) year (February
21,2006) of the City Council vote to close the right-of-way, this
approval shall be considered null and void.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance,
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of February Two
Thousand Four
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
February 22, 2005
1
2
3
4 ORDINANCE NO.
5
6
7 IN THE MATTER OF CLOSING, VACATING AND
8 DISCONTINUING A PORTION OF THAT CERTAIN
9 STREET KNOWN AS A PORTION OF 29 Yz STREET
10 AS SHOWN ON THAT CERTAIN PLAT ENTITLED
11 "EXHIBIT PLAT SHOWING PORTION OF 20' ALLEY
12 TO BE CLOSED, BLOCK 71, VIRGINIA BEACH
13 DEVELOPMENT COMPANY, MAP NO.3, M.B.4, PT. 2,
14 P. 266, VIRGINIA BEACH, VIRGINIA"
15
16 WHEREAS, Atlantic Enterprises applied to the Council of the City of Virginia
17 Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and
18 WHEREAS, it is the judgment of the Council that said street be discontinued,
19 closed, and vacated, subject to certain conditions having been met on or before one (1) year from
20 City Council's adoption of this Ordinance.
21
22 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
23 Beach, Virginia:
24
25 SECTION I
26
27 That the hereinafter described street be discontinued, closed and vacated, subject
28 to certain conditions being met on or before one (1) year from City Council's adoption of this
29 ordinance:
30
31
32
33 GPIN: 2428-01-6618,2428-01-5548 AND 2428-01-6690
34
1
34 All that certain piece or parcel of land situate, lying and being in
35 the City of Virginia Beach, Virginia, designated and described as
36 "2,730 S.F. OF ALLEY TO BE CLOSED" shown as the cross-
37 hatched area on that certain plat entitled: "EXHIBIT PLAT
38 SHOWING PORTION OF 20' ALLEY TO BE CLOSED,
39 BLOCK 71, VIRGINIA BEACH DEVELOPMENT COMPANY,
40 MAP NO.3, M.BA, PT.2, P.266, VIRGINIA BEACH,
41 VIRGINIA" Scale: 1"= 40', dated August 17,2004, prepared by
42 Gallup Surveyors & Engineers, Ltd" a copy of which is attached
43 hereto as Exhibit A.
44
45
46 SECTION II
47
48 The following conditions must be met on or before one (1) year from City
49 Council's adoption of this ordinance:
50
1. The City Attorney's Office will make the final determination regarding
51 ownership of the underlying fee. The purchase price to be paid to the City shall be determined
52 according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street
53 Closures," approved by City Council. Copies of said policy are available in the Planning
54 Department.
55 2. The applicant shall resubdivide the property and vacate internal lot lines to
56 incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted
57 and approved for recordation prior to final street closure approval.
58
3. There is an existing public six-inch sanitary sewer line within the area
59 proposed for closure. This line does not serve any customers. Public Utilities (at their expense)
60 shall relocate this line if necessary and provide a new sanitary sewer lateral at the intersection of
61 Pacific Ave. and 29 Yz to serve the proposed Atlantic Enterprises development. If it is determined
62 that the line should remain in place to serve the new development, a satisfactory easement for the
2
63 line must be dedicated to the City of Virginia Beach. Atlantic Enterprises shall pay applicable
64 sanitary sewer connection fees.
65 4. A right-of-way dedication for traffic control equipment, satisfactory to the
66 Department of Public Works, at the northwest corner of the property shall be provided on the
67 final street closure plat.
68 5. The applicant shall verify that no private utilities exist within the right-of-way
69 proposed for closure. Preliminary comments from the utility companies indicate that there are
70 no private utilities within the right-of-way proposed for closure. If private utilities do exist, the
71 applicant shall provide easements satisfactory to the utility companies.
72 6. Closure of the right-of-way shall be contingent upon compliance with the
73 above stated conditions within one year of approval by City Council. If all conditions noted
74 above are not in compliance and the final plat is not approved within one year of the City
75 Council vote to close the street, this approval will be considered null and void.
76
77 SECTION III
78
79
1.
If the preceding conditions are not fulfilled on or before February 21,
80 2006, this Ordinance will be deemed null and void without further action by the City Council.
81
2.
If all conditions are met on or before February 21,2006, the date of final
82 closure is the date the street closure ordinance is recorded by the City Attorney,
83
3.
In the event the City of Virginia Beach has any interest in the underlying
84 fee, the City Manager or his designee is authorized to execute whatever documents, if any, that
85 may be requested to convey such interest, provided said documents are approved by the City
86 Attorney's Office.
87
3
87 SECTION IV
88 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
89 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
90 VIRGINIA BEACH as "Grantor" and ATLANTIC ENTERPRISES, INC. as "Grantee,"
91 Adopted by the Council of the City of Virginia Beach, Virginia, on this22nd day
92 of February, 2005.
93
94 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF
95 ALL COUNCIL MEMBERS ELECTED TO COUNCIL.
96
97 CA-9255
98 January 26, 2005
99 H:\OID\REAL ESTATE\Street Closure\Atlantic Enterprises,ca925S.0RD,doc
100
~~~ APP~,g~ED.AS TO CONTENT:
103 ~ ~. ~71 ;';7-,pS-
104 Plann g Department
105
106
107 APPROVED AS TO LEGAL
:~~ s~
111 City Attorney
112
4
30th STREET (60' R/W)
(M.B. 4 PT. 2 P. 266)
20' 38' 50' 50'
PROPERTY OF
A TLANTIC ENTERPRISES, INC.
I A VA. CORPORATION Exhibit A
D.B. 4157 P. 1887
GPIN: 2428-01-6618
"...... 0...
~ ~ I~ 10 I 9 8 7
""- f-
UJ
a::: "0
N
~ ..
Q 0 I 2730 S.F. OF ALLEY
OC>
'<I- '-" TO BE CLOSED
ai
~
'-
w ALLEY
::>
Z PROPERTY OF
W
> SAMTANI & SAPNA SAMTANI
<( D.B. 4195 P. 262
GPIN: 2428-01-5548 AND GPIN: 2428-01-6690
136.50'
() 2
lL. 5 4 3
0
<( "0
a.. 0
~
BLOCK 71
29th
STREET (60' R/W)
(M.B. 4 PT. 2 P. 266)
EXHIBIT
PLAT SHOWING
PORTION OF 20' ALLEY
TO BE CLOSED
BLOCK 71
VIRGINIA BEACH DEVELOPMENT COMPANY
MAP NO. 3
M.B. 4 PT. 2 P. 266 .
VIRGINIA BEACH, VIRGINIA
SCALE: 1"=40'
AUGUST 17, 2004
GALLUP
SURVEYORS & ENGINEERS, L TO.
323 FIRST COLONIAL ROAD
VIRGINIA BEACH, VIRGINIA 23454
(757)428-8132
V..?J?>-5
- 60-
Item V-K.9.
PLANNING
ITEM # 53628
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an
Ordinance upon application of the TAYLOR GROUP, L.L.L.P., BETTY B. BOURDON, PAUL S.
BOURDON AND R. ED WARD BOURDON, JR. for the discontinuance, closure and abandonment of a
portion of Old London Bridge Road
Ordinance upon Application of The Taylor Group, L.L.L.P., Betty B,
Bourdon, Paul S. Bourdon and R. Edward Bourdon, Jr. for the
discontinuance, closure and abandonment of a portion of Old London
Bridge Road, located east of Harpers Road and extending in a
southeasterly direction approximately 3500 feet to the northern right-
of way line of London Bridge Road. DISTRICT 6 - BEACH
The following conditions shall be required:
1. The City Attorney's Office will make the final determination
regarding ownership of the underlying fee, The purchase price
to be paid to the City shall be determined according to the
"Policy Regarding Purchase of City's Interest in Streets
Pursuant to Street Closures, " approved by City Council, Copies
of the policy are available in the Planning Department.
2. The applicant is required to resubdivide the property and vacate
internal lot lines to incorporate the closed area into the
adjoining parcels. The plat must be submitted and approved for
recordation prior to final street closure approval.
3. The applicant is required to verifY that no private utilities exist
within the right-of way proposed for closure. Preliminary
comments from the utility companies indicate that there are no
private utilities within the right-ofway proposed for closure. If
private utilities do exist, easements satisfactory to the utility
company must be provided.
4. Closure of the right-ofway shall be contingent upon compliance
with the above stated conditions within 365 days of approval
(February 21, 2006) by City Council. If the conditions noted
above are not accomplished and the final plat is not approved
within one (1) year of the City Council vote to close the right-of
way, this approval shall be considered null and void.
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-second of February Two
Thousand Four
February 22,2005
- 61 -
Item V-.K.9.
PLANNING
ITEM # 53628 (Continued)
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W.
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
February 22, 2005
1
2 '
3 ORDINANCE NO.
4
5
6
7 IN THE MATTER OF CLOSING, V ACA TING AND
8 DISCONTINUING A PORTION OF THAT CERTAIN
9 STREET KNOWN AS OLD LONDON BRIDGE ROAD
10 AS SHOWN ON THAT CERTAIN PLAT ENTITLED
11 "PLAT SHOWING PROPOSED CLOSURE OF A
12 PORTION OF OLD LONDON BRIDGE ROAD RIGHT-
13 OF-WAY (MB 156, PG 22)(MB XX, PGXX) MAY 23,
14 2003, VIRGINIA BEACH, VIRGINIA"
15
16 WHEREAS, the Taylor Group, L.L.L.P., Claude P. Brown, Betty B. Bourdon,
17 Paul S. Bourdon and R. Edward Bourdon, Jr. (the "Applicants") applied to the Council of the
18 City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed,
19 and vacated; and
20 WHEREAS, it was the judgment of the Council that said street be discontinued,
21 closed, and vacated, subject to certain conditions being met on or before November 24, 2004;
22 and
23 WHEREAS, all conditions were not met by November 24, 2004 and the street
24 closure ordinance (Ordinance number ORD-2789I) was unable to be recorded and the approval
25 was considered null and void; and
26 WHEREAS, the Applicants, the Taylor Group, L.L.L.P., Betty B. Bourdon, Paul
27 S. Bourdon and R. Edward Bourdon, Jr. (the said Claude P. Brown died January 11, 2004 and
28
29 GPIN: 2405-51-3413,2405-32-3211,2405-42-5570 and 2405-33-4348
30
1
~---
31 devised his interest to Paul S. Bourdon and R. Edward Bourdon, Jr.) still desirous of closing the
32 street, reapplied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter
33 described street discontinued, closed, and vacated; and
34 WHEREAS, it is the judgment of the Council that said street be discontinued,
35 closed, and vacated, subject to certain conditions having been met on or before one (1) year from
36 City Council's adoption of this Ordinance;
37
38 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
39 Beach, Virginia:
40
41 SECTION I
42
43 That the hereinafter described street be discontinued, closed and vacated, subject
44 to certain conditions being met on or before one (1) year from City Council's adoption of this
45 ordinance:
46
47
48
49
50
51
52
53
54
55
56
57
58
59
All that certain piece or parcel of land situate, lying and being in
the City of Virginia Beach, Virginia, designated and described as
"PORTION OF OLD LONDON BRIDGE ROAD TO BE
CLOSED, AREA = 145,977 SF OR 3.351 AC." shown as the
cross-hatched area on that certain plat entitled: "PLAT
SHOWING PROPOSED CLOSURE OF A PORTION OF OLD
LONDON BRIDGE ROAD RIGHT-OF-WAY (MB 156, PG
22)(MB XX, PG XX) MAY 23, 2003, VIRGINIA BEACH,
VIRGINIA" Scale: I" = 100', dated OS/23/03, prepared by MSA,
P.C., a copy of which is attached hereto as Exhibit A.
SECTION II
60 The following conditions must be met on or before one (1) year from City
61 Council's adoption of this ordinance:
62
1. The City Attorney's Office will make the final determination regarding
63 ownership of the underlying fee. The purchase price to be paid to the City shall be determined
2
64 2. The applicant shall resubdivide the property and vacate internal lot lines to
65 incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted
66 and approved for recordation prior to final street closure approval.
67 3. The applicant shall verify that no private utilities exist within the right-of-way
68 proposed for closure. Preliminary comments from the utility companies indicate that there are
69 no private utilities within the right-of-way proposed for closure. If private utilities do exist, the
70 applicant shall provide easements satisfactory to the utility companies.
71 4. Closure of the right-of-way shall be contingent upon compliance with the
72 above stated conditions within one year of approval by City Council. If all conditions noted
73 above are not in compliance and the final plat is not approved within one year of the City
74 Council vote to close the street, this approval will be considered null and void.
75
76 SECTION III
77
78
1.
If the preceding conditions are not fulfilled on or before February 21,
79 2006, this Ordinance will be deemed null and void without further action by the City Council.
80
2.
If all conditions are met on or before February 21, 2006, the date of final
81 closure is the date the street closure ordinance is recorded by the City Attorney.
82
3.
In the event the City of Virginia Beach has any interest in the underlying
83 fee, the City Manager or his designee is authorized to execute whatever documents, if any, that
84 may be requested to convey such interest, provided said documents are approved by the City
85 Attorney's Office.
86
3
89 SECTION IV
90 A certified copy of this. Ordinance shall be filed in the Clerk's Office of the
91 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
92 VIRGINIA BEACH as "Grantor" and THE TAYLOR GROUP, L.L.L.P., BETTY B.
93 BOURDON, PAUL S. BOURDON and R. EDWARD BOURDON, JR. as "Grantee."
94 Adopted by the Council of the City of Virginia Beach, Virginia, on this? ?nd day
95 of February ,2005.
96
97 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF
98 ALL COUNCIL MEMBERS ELECTED TO COUNCIL.
99
100
101 CA-9464
102 Date: January 20, 2005
103 H:\OID\REAL ESTATE\Street Closure\Taylor Group, LLLP.ca9464.0RD.doc
104
105 APPROVED AS TO CONTENT:
106
107
108
109
110
111 APPROVED AS TO LEGAL
112 SUFFICIENCY:
113 ~/ fO)
::~ VJ Ci~~';y :'/. ~
116
4
DENOfal'OfllDf QFCUJ t___
", I/E LlLlSlZl MIrA - I~'" SF DIP .1.J61 Ae
-('"
,......,
.i
.
i.1 ;"iti
';:ii.~~ .,
:".~,"'., .'~~l;.~...'.
..:),:," "
I;.....
,
N
~
-
8
m
~
~
!
~l
0(
::I
.
JOBH 00028
DA TE: OS/2.3/0.3
EXHIBIT A
-.
IHC /'A "-DIP IllflVl /P
(DIII14 ~ 1101)
(1M 164 ~:;j
IW"~
~""'!JS,
_01''''--
1Ht' TA "-DIP IllflVl /P
(DIII14 ~ 110/)
~fI
..,
..._e
IHC TA"-DIP _. /P
(DIII14 ~ 1101)
(IM"~1tJ)
1__6/-.141.1
~~
~~QQ,1I1v
..., ---J!J
PLA T SHOWING
PROPOSED CLOSURE
OF A PORTION OF
OLD LONDON BRIDGE ROAD
RIGHT - OF - WAY
(MB. 156, PG 22)(MB XX, PG XX)
. MAY 23, 2003
VIRGINIA BEACH, VIRGINIA
MSA, P.C.
Landscape Architecture. Planning
Surveying' Engineering
Environmental Sciences
50H ROUSE DRIVE, VIRGINIA BEACH, VA 23462-.1708
PHONE (757) 490-9264 . FAX (757) 490-06.14
.
SCALE: 1"=100'
OWN BY: MAS
SHEET 1 OF 2
~~
~-t1r1
~ ~;:.
~s::~
~~
~
DENOTB __ Of' DUJ UJNDON __
R) IIC Iltasm _ . I.!un, tilt J.JSI AC
P.- UI
IIOIWS I. lA-.a l:SrAn; C7 At
f"" IN. I'r!_~
~&,
_ Of' PMl:H _
IHI.' rAlltllt _ lJI
(lJI .'4 PfJ llItI1)
~~';'/
QJI/
CI
CI
as
u
C6
C7
CII
t:II
CII)
ClI
Cfl
PMl:H .
IHI.' rAlltllt_lJI
(lJI >>14 PfJ IIIDI)
f""IN. 1'fJ~
f:t.:!~~
MATCHUNE SEE SHEET 2 OF 2
PLAT SHOWING
PROPOSED CLOSURE
OF A PORTION OF
OLD LONDON BRIDGE ROAD
RIGHT - OF - WAY
(MB. 156, PG 22)(MB XX, PG XX)
MAY 23, 2003
VIRGINIA BEACH, VIRGINIA
MSA, P.C.
Landscape Architecture. Planning
Surveying' Engineering
Environmental Sciences
';033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462-3708
PHONE (7';7) 490-9264 . FAX (757) 490-0634
.
JOBH 00028
DA TE: OS/23/03
SCALE: 1"=100'
DWN BY: MAS
~AaE ==i /
.
SHEET .3, OF 2
~
- 62-
Item V-L.1.
APPOINTMENTS
ITEM # 53629
BY CONSENSUS, City Council RESCHEDULED:
COMMUNITY POLICY AND MANAGEMENT TEAM - CSA At Risk
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HEALTH SERVICES ADVISORY BOARD
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE
MINORITY BUSINESS COUNCIL
PARKS AND RECREATION COMMISSION
TOWING ADVISORY BOARD
February 22, 2005
- 63-
Item V-L.2.
APPOINTMENTS
ITEM # 53630
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Dan H. Brockwell
Unexpired Term Through 8/31/07
AND,
Named Liaison from Minority Business Council
Prescott Sherrod
No Term
DEVELOPMENT AUTHORITY
Voting: 10-0
Council Members Voting Aye:
Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W.
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
February 22, 2005
- 64-
Item V-O.
ADJOURNMENT
ITEM # 53631
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:12 P.M.
~q,;:;t-!;~~~
Chief Deputy City Clerk
r2~~
'-l::: Hodges Smith, MMC
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
February 22, 2005