DECEMBER 13, 2005 AGENDA
,
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MA YOR 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 -Di"trict 5
CITY COUNCIL AGENDA
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LIUEY
CiTY CLERK - RUTH HODGES SMITH, MMC
13 December 2005
I.
CITY COUNCIL BRIEFING
- Conference Room -
1:00PM
A.
MINORITY BUSINESS COUNCIL ANNUAL REPORT
Louisa Strayhorn, Chair
II.
CITY MANAGER'S BRIEFING
A.
PUBLIC SAFETY COMPENSATION PLAN
Susan Walston, Chief of Staff
III.
CITY COUNCIL COMMENTS
IV.
REVIEW OF AGENDA ITEMS
v.
INFORMAL SESSION
- Conference Room -
3:00PM
A.
CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
ROLL CALL OF CITY COUNCIL
c.
RECESS TO CLOSED SESSION
CITY HALL BUILDING
240i COURTHOUSE DRiVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 427-4303
FAX (757) 426-5669
E- MAlL: Ctycncl@vbgov.com
VI.
6:00 PM
FORMAL SESSION
J.
K.
- Council Chamber -
A.
CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCA TION:
Reverend Ervin M. Scott
Pastor, The First Lynnhaven Baptist Church
c.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D.
ELECTRONIC ROLL CALL OF CITY COUNCil..,
E.
CERTIFICA TION OF CLOSED SESSION
F.
MINUTES
1.
JNFORMAL and FORMAL SESSIONS
December 6, 2005
G.
AGENDA FOR FORMAL SESSION
H.
CITIZEN BRAC COMMITTEE REPORT
Phillip Shucet, Chair
I.
PUBLIC COMMENT
1.
BRAC/JLUS Elements
CONSENT AGENDA
ORDINANCES
1.
Ordinances to AMEND the City Code:
a.
AMEND § § 2-121, 2-122 and 1-123 re the Deferred Compensation Plan and Board
Membership (deferred on November 22,2005)
b.
Deferred Compensation Investment Policy (deferred on November 22,2005)
c.
AMEND Chapter 21 re traffic regulations; REPEAL the entirety thereof,
incorporate certain provisions of Title 46.2, Code of Virginia; and, REORDAIN
certain other provisions.
L.
2.
3.
4.
PLANNIN G
1.
Ordinance to AUTHORIZE the assignment of the Agreement of Purchase and Sale for and
the acquisition of real property in the amount of $5,000,000 from OBFP, Inc., re the Virginia
Aquarium's Animal Care Annex.
Ordinances to AUTHORIZE temporary encroachments into the City's rights-of-way:
a.
MARY K. and MICHAEL L. SIZEMORE at 2401 Whaler Court re replacement of
a fence (deferred on August 9, 2005) (DISTRICT 5 - L YNNHA VEN)
b.
SANDRA CHALMERS MCLAUGHLIN at 109 82nd Street re maintenance of a
fence (DISTRICT 5 - L YNNHA VEN)
c.
MICHAEL T. and JENNIFER LYNCH at the rear of 2345 Bayville Road on Lake
Joyce re construction of two piers, existing dock and riprap. (DISTRICT 5 -
L YNNHA VEN)
Ordinances to ACCEPT and APPROPRIATE:
a.
$1,0 I 0,000 from the Federal Emergency Management Agency (FEMA) to the Fire
Department's FY 2005-2006 Operating Budget re a deployment related to Hurricane
Wilma.
b.
$100,000 from the U.S. Department of Homeland Security (DHS) - Buffer Zone
Protection Program, to the Police Department's FY 2005-2006 Operating Budget re
equipment to effectively combat terrorism.
c.
$167,482 to the FY 2005-2006 Operating Budget of the Tourism Advertising Program
Fund (TAP) for marketing related activities.
Application of OCEANA DEVELOPMENT, L.L.C. for a Change of Zoning District
Classification from R-I0 to Conditional 1-1 re a light industrial park for office/warehouse
uses, (DISTRICT 6 - BEACH)
RECOMMENDATION:
2.
APPROV AL
Application of VIRGINIA SEAGULL TRAVEL BUS, INC. for a Conditional Use Permit
re bus terminal at 313 and 329 Kellam Road, (DISTRICT 4 - BA YSIDE)
RECOMMENDATION:
3.
APPRO V AL
Application of OMNIPOINT COMMUNICATIONS dba T -MOBILE for a Modification
of their PDH Plan re a communications tower at 3097 Magic Hollow Boulevard.
(DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROV AL
M.
APPO INTMENTS
BEACHES and W ATERW A YS COMMISSION
GOVERNANCE COMMITTEE FOR HISTORIC SITES
HISTORICAL REVIEW BOARD
JNVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
PERSONNEL BOARD (Alternates)
RESORT ADVISORY COMMISSION (RAC)
SHORE DRIVE ADVISORY COMMITTEE
VIRGJNIA BEACH COMMUNITY DEVELOPMENT CORPORAITON (VBCDC)
N.
UNFINISHED BUSINESS
O.
NEW BUSINESS
P.
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 12/13/2005gw
www.vbgov.com
I.
CITY COUNCIL BRIEFING
- Conference Room -
2:00PM
A.
MJNORITY BUSJNESS COUNCil.., ANNUAL REPORT
Louisa Strayhorn, Chair
ll.
CITY MANAGER'S BRIEFING
A.
PUBLIC SAFETY COMPENSATION PLAN
Susan Walston, Chief of Staff
III.
CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA ITEMS
v.
INFORMAL SESSION
A.
CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
ROLL CALL OF CITY COUNCIL
c.
RECESS TO CLOSED SESSION
- Conference Room -
4:00 PM
iRtsnlutinu
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affinnative vote recorded here and in accordance with the provisions of The
Virginia Freedom oflnfonnation Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in confonnity 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.
- Council Chamber -
6:00PM
VI. FORMAL SESSION
A.
CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCA TION:
Reverend Ervin M. Scott
Pastor, The First Lynnhaven Baptist Church
C.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D.
ELECTRONIC ROLL CALL OF CITY COUNCil..,
E.
CERTIFICA TION OF CLOSED SESSION
F.
MINUTES
1.
JNFORMAL and FORMAL SESSIONS
December 6, 2005
G.
AGENDA FOR FORMAL SESSION
H.
CITIZEN BRAC COMMITTEE REPORT
Phillip Shucet, Chair
I.
PUBLIC COMMENT
1.
BRAC/JLUS Elements
J.
K.
CONSENT AGENDA
ORDINANCES
1.
Ordinances to AMEND the City Code:
a.
AMEND § § 2-121, 2-122 and 1-123 re the Deferred Compensation Plan and Board
Membership (deferred on November 22,2005)
b.
Deferred Compensation Investment Policy (deferred on November 22,2005)
c.
AMEND Chapter 21 re traffic regulations by REPEALING the entirety thereof,
incorporating certain provisions of Title 46.2, Code of Virginia, and
REORDAINING certain other provisions.
2.
Ordinance to AUTHORIZE the assignment of the Agreement of Purchase and Sale for and
the acquisition of real property in the amount of $5,000,000 from OBFP, Inc., re the Virginia
Aquarium's Animal Care Annex.
3.
Ordinances to AUTHORIZE temporary encroachments into the City's rights-of-way:
a.
MARY K. and MICHAEL L. SIZEMORE at 2401 Whaler Court re replacement of
a fence (deferred on August 9,2005) (DISTRICT 5 - L YNNHA VEN)
b.
SANDRA CHALMERS MCLAUGHLIN at 109 82nd Street re maintenance of a
fence (DISTRICT 5 - L YNNHA VEN)
c.
MICHAEL T. and JENNIFER LYNCH at the rear of2345 Bayville Road on Lake
Joyce re construction of two piers, existing dock and riprap. (DISTRICT 5 -
L YNNHA VEN)
4.
Ordinances to ACCEPT and APPROPRIATE:
a.
$1,010,000 from the Federal Emergency Management Agency (FEMA) to the Fire
Department's FY 2005 - 2006 Operating Budget re a deployment related to Hurricane
Wilma.
b.
$100,000 from the u.S. Department of Homeland Security (DHS) - Buffer Zone
Protection Program, to the Police Department's FY 2005-2006 Operating Budget re
equipment to effectively combat terrorism.
c.
$167,482 to the FY 2005-2006 Operating Budget of the Tourism Advertising Program
Fund (TAP) for marketing related activities.
- 15 -
AGENDA RE VIE W SESSION
3:23 P.M.
ITEM # 54619
1.3. Ordinances to AMEND City Code:
a. §§ 7-1, 7-65, 7-66, 7-67 and 7-68 re regulation of golf
carts and utility vehicles
b. § 6-114 re restrictions launching, landing, parking or
stationing recreational vessels in certain areas
c Deferred Compensation Plan
(i.) AMEND §§ 2-121, 2-122 and 1-123 re the Deferred
Compensation Plan and Board Membership
(ii) Resolution to provide a Deferred Compensation
Investment Policy
Councilman Wood referenced Item 1.3.a be DEFERRED INDEFINITELY, as per request of Councilman
Reeve. The City Attorney requested all Council Members contact him relative their concerns of this Code
Amendment, as he might be able to address their concerns prior to the item being scheduled for a City
Council Session.
Council Lady McClanan requested Item 1.3.c. (i) (ii) be DEFERRED INDEFINITELY, as she wished to
discuss with City Council members the method of appointing additional members to the Deferred
Compensation Board.
ITEM # 54620
1.6.
Ordinances to AUTHORIZE temporary encroachments
into portions of City property:
a. Rouse Drive by ROUSE l, LLC to install and maintain
PVC conduit for telephone and computer lines
b. Diamond Springs Road by R. M. CLARKE, L.L. C. to
install and maintain conduit for network cables
Jim Lawson, Real Estate, advised the telephone and computer lines would be placed underground.
ITEM # 54621
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
RESOL UTIONS/ORDINANCES
1.1, Resolution PROVIDING for the issuance and sale of
General Obligation Public Improvement Bonds,
heretofore authorized, in the maximum amount of
$80,000,000 for various public facilities and general
improvements.
November 22, 2005
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CITY OF VIRGINIA BEACH
AGENDA ITEM
~
ITEM: An Ordinance to Amend the City Code Regarding the Deferred Compensation Plan and
Board Membership and a Resolution to Adopt a Deferred Compensation Investment
Policy
MEETING DATE: December 13, 2005
. Background: The City Council established a Deferred Compensation Plan (the "Plan") for
City employees in 1981. The plan originally included three (3) funds from which employees
could choose to place contributions from their salaries. The record keeper at that time was
Stanley Clarke & Associates. Since 1999, the record keeper has been Great West Retirement
Services. The Plan has been modified to include the Sheriffs employees as well as School
employees. The aggregate of the City, Sheriff, and School plans currently totals $113 million in
assets and includes 17 fund choices. The Plan assets are held in trust in accordance with
federal law. The City Code establishes a Deferred Compensation Board (the "Board") to
supervise, administer, and implement the Plan.
This matter was deferred by City Council on November 22, 2005.
. Considerations: In accordance with current fiduciary responsibilities and practices, the
Board has adopted a formal Investment Policy for the Plan currently offered to the City, Sheriff,
and School employees. The Investment Policy adopted by the Board and recommended for
adoption by City Council establishes performance standards based on financial composites and
ratings, expands investment options to include major asset classes, and establishes a Fund
Complex Corporate Rating, In addition, the Investment Policy empowers the Board to review
and amend the Investment Policy when recommended by the record keeper or in accordance
with state and federal laws. The City Council is currently required to approve all changes to the
Plan as well as confirm City Manager appointments to the Board. The proposed revisions to the
City Code require the City Council to adopt an Investment Policy and authorize the Board to
make plan changes in accordance with state and federal law as well as the Investment Policy.
In addition, the proposed ordinance appoints the Finance Director, Human Resources Director,
Payroll Administrator, and Employee Relations Manager to the Deferred Compensation Board,
and enables the City Manager to appoint up to three additional members. The proposed
Investment Policy is attached.
.
Public Information: Provided as part of the normal City Council agenda process.
. Alternatives: Make no City Code changes, but instead bring every plan adjustment to City
Council as well as confirmation of each member of the Board whenever changes are made.
.
Recommendations: Adopt the attached Ordinance and Resolution.
.
Attachments: Ordinance, Resolution and Investment Policy
Recommended Action: Approval of Ordinance
Submitting DepartmentlAgency: Finance
City Manage~\ \~ . ð-ß ~
1
2
3
AN ORDINANCE TO AMEND THE CITY CODE
REGARDING THE DEFERRED COMPENSATION
PLAN AND BOARD MEMBERSHIP
4
SECTIONS AMENDED: §§ 2-121, 2-122, AND 2-123.
5
6
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
7
That Sections 2-121, 2-122, and 2-123 of the City Code are
8
hereby amended and reordained, to read as follows:
9
2-121. Plan Established.
10
Pursuant to the Government Employees Deferred Compensation
11
Act, section 51-111.67:14 et seq. of the Code of Virginia, 1950, as
12
amended, the city hereby adopts and establishes a plan of deferred
13
compensation for its employees dated the twenty-third day of March,
14
1981. The purpose of the plan shall be to provide for the deferral
15
compensation to the participants.
The plan shall
exist
in
of
16
addition to all other retirement, pension or other benefit systems
17
available
participants,
supersede,
make
and
shall
the
not
to
18
inoperative
benefits
other
provided
by
reduce
any
or
any
19
retirement, pension or benefit program established by law.
20
of
the
city
is
hereby
the
employer,
behalf
On
manager
21
authorized and directed to execute and deliver the plan to the plan
22
administrator. The plan shall contain such terms and amendments as
23
the city council may from time to time approve.
The City Council
24
shall adopt a deferred compensation investment policy.
The City
25
Council shall review the investment policy no less than every two
1
26
years.
27
2-122. Board-Established.
28
There
is
hereby
created
deferred
compensation
board,
a
29
consisting of city employees, to be ~ppointed by the city ffi~n~ger
30
~nd to be confirmed by the city council ~nd to oervTe ~t their
31
ple~oure.
City
The
Council
hereby
appoints
the
Director
of
32
Finance, the Director of Human Resources, the Employee Relations
33
and the Payroll Administrator to the board.
Manager,
The City
34
Manager may appoint up to three (3) additional board members from
35
the deferred compensation plan participants.
The board members
36
appointed by the City Manager shall serve terms of three years from
37
the date of appointment. Notwithstanding the previous sentence, all
38
members of the deferred compensation board shall
serve at the
39
pleasure of the City Council.
The terms of the members of the
40
deferred
compensation
board
shall
be
limited
by
not
the
41
restrictions of City Code § 2-3.
42
2-123. Same- Powers.
43
The deferred compensation board is hereby granted the power to
44
do
all
things
by
of
supervision,
administration
and
way
45
implementation of a plan of deferred compensation, including but
46
not limited to the power to contract with private corporations or
47
institutions for service in connection therewith; however, nothing
48
contained in this
section shall be construed to authorize the
49
deferred compensation board to act beyond the limits of the plan.
2
50
The
deferred
compensation
administer
board
shall
the
51
investment policy in accordance with the terms of the investment
52
policy and prudent fiduciary standards.
The deferred compensation
53
board shall have the authority to add and delete funds from the
54
investment policy in accordance with the investment policy adopted
55
by City Council.
56
COMMENT
57
58
59
60
61
62
63
64
The ordinance provides that the City Council will adopt a deferred compensation investment
policy and will review the policy at least every two years. The ordinance also provides for the
appointment of four deferred compensation board members by title rather than by name and grants
the City Manager the authority to appoint up to three (3) additional board members. The ordinance
clarifies that members of this board are not subject to the term limits established by City Code § 2-3.
Finally, the ordinance requires the deferred compensation board to administer the investment policy
and gives the board the authority to add and delete funds in accordance with the investment policy
adopted by City Council.
65
Adopted by the City Council of the City of Virginia Beach,
66
Virginia, on this
day of
, 2005.
APPROVED AS TO CONTENTS:
APPROVED AS TO LEGAL SUFFICIENCY:
Gi&lMW& [~fJJJJ k "
Department of Finance
lamù (I :!f^.
Cíty Attorne 's Õffice
CA-9799
H:\PA\GG\OrdRes\Proposed\Deferred Comp ORD
R-2
November 10, 2005
3
1
2
A RESOLUTION APPROVING A DEFERREED
COMPENSATION INVESTMENT POLICY
3
WHEREAS,
the City of Virginia Beach established a plan of
4
deferred compensation for its employees on March 23, 1981; and
5
the purpose
WHEREAS,
of the plan
is
to provide
for
the
6
deferral of compensation to the participants of the plan; and
7
in the City's
WHEREAS,
assets
deferred compensation plan
8
total $113 million; and
9
WHEREAS,
it is important that these assets be invested in
10
accordance
with
fiduciary
responsibilities
current
and
11
practices; and
12
the
deferred
WHEREAS,
compensation board
has
recommended
13
the
adoption
of
formal
Policy which
Investment
establishes
a
14
performance standards based on financial composites and ratings,
15
expands investment options to include maj or asset classes,
and
16
establishes a Fund Complex Corporate Rating.
17
NOW,
THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY
18
OF VIRGINIA BEACH, VIRGINIA:
19
That
the
accompanying
City
Virginia
of
Beach
Deferred
20
Compensation Plan Investment Policy Statement is hereby adopted.
21
Adopted by the Council of the City of Virginia Beach,
22
Virginia on the
day of November, 2005.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~iÍ1~ULÚQj~
Department of Finance
" )d)~ ¿ (JifVA
City Attorney's Offlce
CA9799
H:\PA\GG\OrdRes\Oeferred Camp RES
R-2
November 10, 2005
CITY OF VIRGINIA BEACH DEFERRED COMPENSATION PLAN
INVESTMENT POLICY STATEMENT
PURPOSE:
This Investment Policy Statement ("Policy Statement") sets forth the goals and objectives of the
investment options available under the City of Virginia Beach Deferred Compensation Plan (the
"Plan"). The purpose of this Policy Statement is to guide the Plan Board of Directors (the
"Board") in effectively supervising, monitoring, and managing the investment options available
under the Plan. This Policy Statement is designed to allow for sufficient flexibility in the
management oversight process, while also setting forth reasonable parameters to promote the
exercise of reasonable prudence and care with respect to the investment options available under
the Plan. This Policy Statement provides a framework for the selection of investment options, a
procedure for the ongoing evaluation of the investment options available under the Plan, and
guidelines for terminating and replacing any available investment option(s).
BACKGROUND:
The Plan was established by City of Virginia Beach code Ord. No. 1156, §§ 1--3, adopted March
23, 1981, Division 2.5, §§ 2-121--2-123,* and is administered by the Board and is intended to
qualify as a Section 457 defined contribution plan. The Plan is intended to provide eligible
employees with a means to save monies on a tax-advantaged basis in order to assist the employee
in reaching his/her retirement goals. The Plan allows each eligible employee to direct how
contributions made to his or her Plan account are invested among a diverse menu of investment
options selected by the Board.
The Board shall choose which investment options shall be available under the Plan and shall
monitor the investment options' compliance with this Policy Statement.
The Board and the Recordkeeper do not provide investment advice to any participant or assist
any participant in deciding how to allocate contributions to the participants' plan accounts. No
fiduciary shall be responsible for any financial loss that may be incurred by any participant
because of the participant's investment direction or because of any action taken in accordance
with the participant's investment direction.
INVESTMENT OPTION SELECTION:
The Board recognizes that there is investment risk inherent in all investment options.
Furthermore, the Board recognizes that individual participants each have their own level of risk
tolerance. The Board shall, therefore, select a broad array of investment options providing
different levels of risk and historical return. To this end, the Board shall select investment
options based upon the following criteria:
*Now found under Va. Code § 51.1-600 et seq.
City of Virginia Beach Deferred Compensation Plan Investment Policy 10/05
Original adoption: June 2, 1999
Revision: October 31, 2005
CITY OF VIRGINIA BEACH DEFERRED COMPENSATION PLAN
INVESTMENT POLICY STATEMENT
1. Selected investment options shall represent the major asset classes. For purposes of this
Policy Statement, the following major asset classes will be used, at a minimum, as defined by
Morningstar@ (an independent fund evaluation company):
a. International: Foreign Stock;
b. u.S. Small-Cap Equity;
c. u.S. Mid-Cap Equity;
d.
u.S. Large-Cap Equity (active and passive management);
e.
Balanced! Asset allocation funds; and
f.
Fixed Income/Stable Value.
g.
Bond mutual fund - government or corporate, domestic or international, active or
passive management.
2. From funds in the domestic equity asset classes identified above in 1 (b), 1 (c) and 1 (d), the
Board will attempt to choose investment options with contrasting stock selection styles. The
Board will attempt to choose investment options that tend to purchase both "value" stocks
(stocks that are purchased because the fund manager believes the stock is under valued)
and!or "growth" stocks (stocks of companies who have shown accelerated earnings).
3. The Board shall select investment options based upon administrative, pricing, historical
performance, management style, and other mutually agreeable criteria in cooperation with
the Plan's recordkeeper.
4. The expense ratio of the investment options must be competitive with other investment
options with similar objectives as measured by the applicable Morningstar@ Category
average and one other rating agency. The Board will consider higher expense ratios,
however, for funds that have proven to outperform other funds (net of fees) with similar
objectives on a long-term basis.
5. Wherever practicable, the Board will choose investment options that are offered by
companies that have a reputation as being among the industry's leaders.
6. The selected investment options shall have at least three years of investment history.
Furthermore, the Board will attempt to choose investment options where the investment
manager exhibits style (i.e. growth, or value, large cap or small cap) consistency over at least
a three-year period. Lastly, the specific fund manager shall have managed the fund for at
least two years.
In accordance with the above criteria, the Board shall choose investment options that have
consistently outperformed their peer groups on both a total return and risk-adjusted basis.
City of Virginia Beach Deferred Compensation Plan Investment Policy 10/05
Original adoption: June 2, 1999
Revision: October 31, 2005
2
CITY OF VIRGINIA BEACH DEFERRED COMPENSATION PLAN
INVESTMENT POLICY STATEMENT
INVESTMENT OPTION PERFORMANCE STANDARDS:
The Board shall review each of the selected investment options at least annually to evaluate the
investment option's performance. The Board may utilize a consultant and/or recordkeeper to
assist in the evaluation process. The investment option review shall be objective, fair and shall
incorporate statistical analysis provided by an independent third party. The Board shall utilize the
following performance benchmarks:
1. Actively Managed Funds: Each Fund shall be benchmarked against its respective peer
group as determined by the Morningstar@ Category. The Morningstar@ Category identifies
funds based on their actual investment styles as measured by the underlying portfolio
holdings over the trailing 36-month period.
. Return Composite: The Return Composite measures the fund's performance relative to
its peer group on a net-of-fee basis. It is calculated by taking the equally weighted
average of the 3, 5 and 10 year return percentiles.
. Sharpe Composite: The Sharpe Composite measures the fund's risk-adjusted
performance relative to its peer group. It is calculated by taking the equally weighted
average of the 3 and 5 year Sharpe percentiles.
. Overall Composite: The average of the Return Composite and the Sharpe Composite
determines the Overall Composite where an Overall Composite above the 66.67%
percentile is considered above benchmark.
. Morningstar@ Ratings: The Morningstar@ Rating is a quantitative measure of risk-
adjusted returns. This rating shows how well a fund has balanced risk and return relative
to other funds in the same Morningstar@ Category. The Momingstar@ Rating is
calculated over a 3, 5 and 10 year time period on a 1 through 5 scale. A 3, 4 or 5 rating is
considered above benchmark, while a 1 or 2 rating is considered "Below Benchmark."
. Overall Rating: The below matrix combines the Overall Composite with the
Morningstar@ Rating to determine if a fund is Above Benchmark, Neutral or Below
Benchmark for the most recent quarter-end time period.
Overall Composite Morningstar@ Overall Rating
Rating
> 66.67% AND 3, 4 or 5 Above Benchmark
>= 50.0% AND 3, 4 or 5 Neutral Rating
< 50.0% OR lor 2 Below Benchmark
City of Virginia Beach Deferred Compensation Plan Investment Policy 10/05
Original adoption: June 2, 1999
Revision: October 31, 2005
3
CITY OF VIRGINIA BEACH DEFERRED COMPENSATION PLAN
INVESTMENT POLICY STATEMENT
. Long- Term Rolling Analysis
To assess the long-term consistency of fund performance, the previous 12 quarters are examined
based on the accumulated Overall Ratings:
Consecutive Quarters Quarters Below out of Long-Term Rolling
Below Benchmark trailinf! 12 AnaIvsis
< 4 Quarters AND <7 Pass
>= 4 Quarters OR >= 7 Quarters Fail
2. Passively Managed Variable Funds (Index Funds): The Index Fund will track its
respective index within a 25 basis point range, gross-of-fees, as measured on an annual basis.
This tracking-error range shall be adjusted upward for International and Extended US Market
Index funds.
3. Fixed Income Fund (Stable Value Fund): The Fixed Income Fund shall continue to
provide participants with book value accounting and allow participants to make transfers
without restriction. The Fixed Income Fund's issuer shall be rated among the top three
ratings of at least two ofthe rating services (S&P, Moody's, Duff & Phelps, Best's).
The Board recognizes that Investment Manager's performance can move in cycles over time and
that investment option performance will not always be superior. As such, the Board will
generally monitor selected investment option performance on a periodic basis, but not less
frequently than annually. The Board will give fund managers sufficient time to remedy any
underperformance before the investment option is deleted from the available investment option
array available under the Plan.
While the primary analysis of the investment option will be quantitative, the Board reserves the
right to make decisions regarding the investment option based upon other criteria that it believes
will be in the best interest of the Plan and the participants.
Within the guidelines set forth above, the Board will evaluate investment options with the
assistance of the consultant or Recordkeeper. Investment options that do not perform at or above
their respective benchmark will be subject to the Plans' policies regarding underperforming
investment options.
UNDERPERFORMING INVESTMENT OPTIONS:
The Board shall take the following steps in the event that an investment option is rated "Below
Benchmark" for the current quarter or that "Fail" the Long-Term Rating criterion:
City of Virginia Beach Deferred Compensation Plan Investment Policy 10/05
Original adoption: June 2, 1999
Revision: October 31, 2005
4
CITY OF VIRGINIA BEACH DEFERRED COMPENSATION PLAN
INVESTMENT POLICY STATEMENT
1. If the Board determines that an investment option is rated Below Benchmark for the current
quarter, then the investment option shall be placed on a "watch list." While an investment
option is on "watch," no action will be taken to terminate and replace the investment option.
The fund manager will be infonned, and additional information will be gathered as to why
the investment option is under performing. The Board may invite the fund manager to meet
and explain the investment option's performance.
2. Should an investment option that was on the "watch list" subsequently exceed its
benchmarks, it will be taken off the "watch list" and the investment option will again be in
"good standing." If the investment option's performance continues "Below Benchmark" for
four consecutive quarters or seven out of the trailing twelve, then the investment option has
"Failed" the Long-Term Rating. The Board may notify participants of the failure and the
investment option that failed its benchmarks may be closed to new contributions.
Additionally, the Board may choose to select a new investment option in the same asset
class. The Board, in its discretion, may also choose to terminate the investment option that
failed its benchmarks and transfer its assets or designate an existing or new investment option
to receive the assets from the investment option that failed its benchmarks. To the extent
practical, these investment option deletions will only occur once per calendar year.
OTHER CONSIDERATIONS:
The Board, in its discretion, may conduct informal reviews and evaluations of an investment
option at any time. The Board may place an investment option under formal review, or
immediately terminate an investment option for any reason, including, but not limited to, the
following:
I. The investment option has changed managers, or such a change appears
imminent;
2. The investment option has had a significant change in ownership or control;
3. The investment option has changed its investment mandate or has experienced
style drift, departing from the investment objectives or parameters in its
prospectus;
4. The investment option has experienced substantial portfolio turnover;
5. The investment option has violated a SEC rule or regulation;
6. The investment option has experienced difficulty in transacting trades, fund
transfers, or pricing;
7. The investment option has experienced other changes or problems in its
procedures, operations, investing, reporting, or lack of employee participation,
which in the Board's view, has or could detract from the objectives of the Plan; or
8. Any other circumstance regarding the investment option that the Board
determines is in conflict with this Policy Statement.
9. Recognizing that retaining a fund or fund complex that has been involved in a
scandal process may be detrimental to the marketing of the Plan to participants
City of Virginia Beach Deferred Compensation Plan Investment Policy 10/05
Original adoption: June 2, 1999
Revision: October 31, 2005
5
CITY OF VIRGINIA BEACH DEFERRED COMPENSATION PLAN
INVESTMENT POLICY STATEMENT
this criteria allows the Board to delete funds or entire fund complexes depending
on their involvement in a scandal or regulatory violation. The Board shall
establish a rating for each mutual fund complex offered in the Plan to be called
the Fund Complex Corporate Rating. Levels Red, Yellow, and Green will be
determined. These ratings will be incorporated in the Fund Performance Report.
The Fund Complex Corporate Ratings will be determined periodically.
i. Red Fund Complex Corporate Rating -
A fund complex or any of its respective funds may be placed on the Red Fund
Complex Corporate Rating and may be terminated or disqualified from
participating in the Plan if that fund complex is determined by a court or
appropriate regulatory agency or the fund complex admits to having allowed
regulatory violations or corporate infractions in its funds by its employees
(officers or portfolio managers) of the complex. The occurrence of such
activity indicates a lack of supervision or control at the fund complex level. In
such event, depending on the severity of the violation or infraction, the Board
may determine the fund(s) shall be terminated even if such activity was not
found to have occurred in a fund used by the Plan but elsewhere in the fund
complex. If the decision is to terminate the fund or the fund complex for this
issue, the Board will use its best efforts to continue to monitor the fund or
fund complex, which may include meetings with the fund complex. Because
of the ongoing monitoring, the Board may determine at any time in the future
that the fund complex has addressed the abuses and may remove the fund
complex from the Red Rating making the fund complex eligible for
consideration for inclusion in the Plan. If removed from the Red Rating the
fund complex shall be re-rated.
ii. Yellow Fund Complex Corporate Rating -
A fund or fund complex will be put on the Yellow Fund Complex Corporate
Rating watch list if the fund complex is charged by a court or appropriate
regulatory agency or admits to regulatory violations or corporate infractions in
its funds. While a fund is on the watch list, no action shall be taken to
terminate or replace the fund. The Board, however, will use its best efforts to
periodically monitor the fund or fund complex to determine its
appropriateness for inclusion in the Plan. Such monitoring may include
meetings with the fund complex to determine if the fund should continue on
the watch list as a Yellow Rating or should be re-rated.
iii. Green Fund Complex Corporate Rating -
A fund or fund complex that has not been implicated in any regulatory
violations of infractions nor has admitted to committing such activities.
City of Virginia Beach Deferred Compensation Plan Investment Policy 10/05
Original adoption: June 2, 1999
Revision: October 31,2005
6
CITY OF VIRGINIA BEACH DEFERRED COMPENSATION PLAN
INVESTMENT POLICY STATEMENT
Definitions
.
Balanced Fund -- A fund that invests its assets in a combination of asset classes
including money market, bonds, preferred stock, and common stock with the intention to
provide both growth and income. Also known as an asset allocation fund.
Bond -- A debt investment with which the investor loans money to an entity (company or
government) that borrows the funds for a defined period oftime at a specified interest
rate.
.
.
Equity - Stock or other security representing an ownership interest.
.
Fixed Income Security -- An investment that provides a return in the form of fixed
periodic payments and eventual return of principle at maturity.
.
Fund -- A security such as a closed or open end registered investment company (i.e., a
mutual fund) or other commingled or pooled funds consisting of a portfolio of assets,
including Equities, Bonds or other securities in which each holder participates in the gain
or loss of the entire portfolio.
.
Growth Stock - Stock in a company whose earnings are expected to grow at an above
average rate relative to the market.
International Fund - A Fund that can invest in the Stock bonds or other securities of
companies located anywhere outside the u.S.
. Lan!e-Cap Stock - Stock issued by companies with a market capitalization over $5
billion.
.
.
Mid-Cap Stock -- Stock issued by companies with a market capitalization of between $1
billion and $5 billion.
.
Record Keeper
Third Party Administrator providing primary services of:
1. Trustee/Custodial Services - Take custody of all plan assets, maintain complete trust
accounting records, and provide monthly trust reconciliation statements.
2. Investment Funds SelectionlRetention - Provide advice and counseling to City
Department of Finance and Plan Investment Committee on performance reviews of
existing funds, recommendations on design of menu of funds, and advice and
information on initial selection, retention or replacement of existing funds, and
periodic (i.e., quarterly) ongoing monitoring of Plan funds against array of industry
benchmarks and performance targets.
City of Virginia Beach Deferred Compensation Plan Investment Policy 10/05
Original adoption: June 2, 1999
Revision: October 31,2005
7
CITY OF VIRGINIA BEACH DEFERRED COMPENSATION PLAN
INVESTMENT POLICY STATEMENT
3. Participant Services - Provide adequate administrative support to provide plan
information on an individual and group basis.
4. Administrative Services - Provide the City with quarterly consolidated account
statements; investment performance summaries; assistance with negotiating reduction
or elimination of certain fund expenses; and notification, updates, interpretation, and
research of Section 457 plan issues. Management systems necessary for the
administration of the Plan and accurate financial accounting shall be maintained.
Meetings with the City as required to review the Plan's status, resolve problems, and
discuss relevant issues.
5. Education Services - At various locations, provide educational seminars on a variety
of investment and financial planning topics. Produce and distribute newsletters, with
materials suited for a broad spectrum of investment expertise.
6. Hardship Services - Provide explanation and information to participants requesting
application for a hardship withdrawal; begin immediate research of each received
request; obtain supporting documentation; and prepare a written recommendation to
the City for either denying or approving the request.
.
Small Cap Stock -- Stock issued by companies with a market capitalization less than $1
billion.
.
Stable Value Fund -- A Fund that invests in bonds and other fixed income securities
with a goal of protecting the stability of the principal.
.
Value Stock - A stock in a company that tends to trade at a lower price relative to its
fundamentals (i.e., dividend, earnings, sales, etc) and thus is considered undervalued.
Common characteristics of such stocks include high dividend yield, low price-to-book
ratio and low price-to-eamings ratio.
POLICY STATEMENT:
This Policy Statement has been formulated by the Board based on consideration of a wide range
of policies, and describes the prudent investment process that the Board deems most appropriate
for the Plan. The Board shall review this Policy Statement at least annually. The Board may
amend this Policy Statement, as it deems advisable ftom time to time.
City of Virginia Beach Deferred Compensation Plan Investment Policy 10/05
Original adoption: June 2, 1999
Revision: October 31,2005
8
CITY OF VIRGINIA BEACH DEFERRED COMPENSATION PLAN
INVESTMENT POLICY STATEMENT
AGREEMENT:
This Policy Statement was adopted by the Board on October 31,2005, supersedes any previously
negotiated Investment Policy Statements, and shall remain in force until amended or revoked.
Signed
~fa i V (; ( [JÇjU ~
([J(ltd^tIL 3 (:).oðJ-
/
Board Chairperson
Date
City of Virginia Beach Deferred Compensation Plan Investment Policy 10/05
Original adoption: June 2, I999
Revision: October 31, 2005
9
~
""., . .,,1
"1;:';.~vc;.¡r
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance to Amend Chapter 21 of the City Code Pertaining to Traffic
Regulations by Repealing the Entirety Thereof, Incorporating Certain
Provisions of Title 46.2 of the Code of Virginia, and Reordaining Certain
Other Provisions
MEETING DATE:
December 13, 2005
. Background: Each year City Council must amend Chapter 21 of the City Code
("Motor Vehicle and Traffic Code") to reflect changes made to the Code of Virginia by
the General Assembly. Every day Virginia Beach's court clerks must make mandatory
reports to the Supreme Court regarding the types of violations tried that day. Because
the Supreme Court can only accept the report utilizing references to the Code of
Virginia, the Clerks must convert all the City Code provisions contained on summonses
and warrants to the corresponding Code of Virginia provisions. Code of Virginia § 46.2-
1313 allows the City to incorporate the state traffic code provisions by reference.
. Considerations: Incorporating the state traffic code into the City Code by
reference will negate the need for Council to amend Chapter 21 of the City Code each
July 1 st when all the new and amended Code of Virginia provisions passed by the
General Assembly go into effect. Incorporation not only adopts all current state traffic
codes as the City's own, but it also provides for the automatic adoption of all future
traffic code amendments and additions. Additionally, incorporating the state traffic code
by reference will streamline the court clerks' required daily reporting to the Virginia
Supreme Court. The City will continue to receive all fines collected by the courts in
cases in which a City law enforcement officer issued the summons or requested the
warrant.
The only provision of Chapter 21 that is being entirely eliminated from the City Code is
current City Code § 21-361 ("It shall be unlawful and a Class 1 misdemeanor for any
person to stand any wagon or other vehicle on the track of any railroad which will hinder
or endanger a moving train."). Because the City no longer has active railroads, this
section is no longer necessary.
In order to allow the Police Department time to incorporate these changes into its
computer software systems and its officer training materials and courses, the effective
date of this ordinance will be March 1, 2006.
. Public Information: This ordinance will be advertised in the same manner as
other Council agenda items.
.
Recommendations: Approval of ordinance.
.
Attachments: Ordinance and letter from the Court.
Recommended Action: Approval
Submitting Department/Agency: City Attorney's Office fZ~
City Manager~ \t- ,'43~
CHAPTER 16
Housing and Building Maintenance Code
Article VII: Storage of Vehicles
Old Section#
21-377
21-378
New Chapter Location
16-40
16-41
CHAPTER 21
Motor Vehicle and Traffic Code
Article I: Incorporation of Title 46.2 of the Virginia Code; Local Authority
Old Section#
n/a
21-1
21-12
21-3
New Section#
21-1
21-2
21-3
21-4
21-5 - 21-199. Reserved
Article II: Vehicle Operation
Division 1. Generally
Old Section#
21-256
21-259
New Section#
21-200
21-201
21-202 - 21-219. Reserved
Division 2. Traffic Signs, Signals and Markings
Old Section#
21-297
21-456
New Section#
21-220
21-221
21-222 - 21-229. Reserved
Division 3. Speeding
Old Section#
21-321.2
New Section#
21-230
21-231 -- 21-239. Reserved
Division 4. Driving While Under Influence of Alcohol and/or Drugs
Old Section#
21-344
New Section#
21-240
21-241 - 21-249. Reserved
Division 5. Operation of Motorcycles, Minibikes, etc.
Old Section#
21-441 a,c,d,e
21-444
21-32
21-33
New Section#
21-250
21-251
21-252
21-253
21-254 - 21-299. Reserved
Article III: Stopping, Standing and Parking
Division 1. Generally
Old Section#
21-363
21-374.1
21-356 (b&c only)
21-364
21-365
21-366
21-368
21-370
21-372
21-373
21-374
21-384
New Section#
21-300
21-301
21-302
21-303
21-304
21-305
21-306
21-307
21-308
21-309
21-310
21-311
21-312 - 21-319. Reserved
Division 2. Parking Meters
Old Section#
21-394
21-395
21-396
21-397
21-398
21-399
New Section#
21-320
21-321
21-322
21-323
21-324
21-325
21-400
21-401
21-402
21-403
21-405
21-406
21-407
21-326
21-327
21-328
21-329
21-330
21-331
21-332
21-333 - 21-349. Reserved
Division 3. Residential Parking Permits
Old Section#
21-440.1
21-440.2
21-440.3
21-440.4
21-440.5
21-440.6
21-440.7
21-440.8
21-440.9
21-440.10
21-440.11
New Section#
21-350
21-351
21-352
21-353
21-354
21-355
21-356
21-357
21-358
21-359
21-360
21-361 - 21-399. Reserved
Article IV:
Use of Tow Truck Service to Enforce Parking Restrictions on Private
Property
Old Section#
21-419
21-420
21-421
21-422
21-423
21-424
21-425
21-426
21-427
21-428
21-429
New Section#
21-400
21-401
21-402
21-403
21-404
21-405
21-406
21-407
21-408
21-409
21-410
21-411 - 21-499. Reserved
Article V: Vehicle Size, Weight & Load
Old Section#
21-204
21-205
21-207.1
21-211
New Section#
21-500
21-501
21-502
21-503
21-504 - 21-599. Reserved
CHAPTER 23
Offenses - Miscellaneous
Old Section#
21-456
New Chapter Location
23-7.4
CHAPTER 33
Streets and Sidewalks
Article I: In General
Old Section#
21-30
New Chapter Location
33-9.1
CHAPTER 35
Taxation
Article XV: Local Vehicle License
Old Section#
21-71
21-71.1
21- 72
21- 73
21-74
21-75
21-75.1
21-76
21- 77
21- 79
21-85
21-86
New Chapter Location
35-275
35-276
35-277
35-278
35-279
35-280
35-281
35-282
35-283
35-284
35-285
35-286
FROM:
May 25, 2005
Kathy Roundtree 1\ ^ ~
Michael Davy, Court Administrator I V \n./ ~T
Incorporating State Traffic Code into City Code
DATE:
TO:
SUBJECT:
This is to confirm that the Courts support moving forward to incorporate the State traffic
code into the City code. This will expedite the data entry processing of traffic tickets
and simplify and improve the reporting of convictions to the Department of Motor
Vehicles.
igi S ith, Chief Deputy Clerk
Criminal Department
Circuit Court Clerk's Office
OJ-" ~
L ra Dabbene, Traffic Division Manager
General District Court
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
AN ORDINANCE TO AMEND CHAPTER 21 OF THE CITY
CODE PERTAINING TO TRAFFIC REGULATIONS BY
REPEALING THE ENTIRETY THEREOF, INCORPORATING
CERTAIN PROVISIONS OF TITLE 46.2 OF THE CODE
OF VIRGINIA, AND REORDAINING CERTAIN OTHER
PROVISIONS
SECTIONS REPEALED: §§ 21-1 thr. 34, 21-46
thr. 56, 21-71 thr. 77, 21-79, 21-85 thr. 86,
21-101 thr. 111, 21-113 thr. 130, 21-141 thr.
160, 21-176 thr. 179, 21-191 thr. 207.4, 21-
209 thr. 211, 21-226 thr. 260, 21-271 thr.
276, 21-278 thr. 281, 21-294 thr. 300, 21-311
thr. 324, 21-336 thr. 337, 21-338.1 thr.
341.1, 21-341.3 thr. 344, 21-356 thr. 386, 21-
394 thr. 395, 21-396 thr. 403, 21-405 thr.
407,21-419 thr. 429, 21-440.1 thr. 444, 21-
456 thr. 468, 21-481 thr. 485, 21-496 thr. 502
SECTIONS REORDAINED: §§ 21-1 thr. 4, 21-200
thr. 201, 21-220 thr. 221, 21-230, 21-240, 21-
250 thr. 253, 21-300 thr. 311, 21-320 thr.
332, 21-350 thr. 360, 21-400 thr. 410, 21-500
thr. 503,
SECTIONS ADDED: §§ 16-40 thr. 16-41, 23-7.4,
33-9.1, 35-275 thr. 286
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
31
That Chapter 21 of the City Code is hereby repealed and
32
reordained, and that Chapters 16, 23, 33, and 35 are hereby amended
33
and reordained, to read as follows:
1
47
48
49
50
51
52
53
54
55
56
34
CHAPTER 16
35
HOUSING AND BUILDING MAINTENANCE CODE
36
ARTICLE VI.
Storage of Vehicles
37
38
Sec. 16-40.
Open storage of inoperable vehicles on residential,
commercial or agricultural property.
39
(a)
It shall be unlawful whether as owner, tenant, occupant,
40
lessee or otherwise, for any person, firm or corporation to keep,
41
except within a fully enclosed building or structure or otherwise
42
shielded
screened
from
view,
zoned
for
any
property
or
on
43
residential,
commercial
or agricultural purposes,
any vehicle,
44
which is inoperable. As used in this Section, notwithstanding any
45
other provisions of the law,
general or special,
"shielded or
46
screened from view" means not visible by someone standing at ground
level from outside of the property on which the subject vehicle is
located. The placing, draping or securing of a tarpaulin or other
nonrigid cover, over and around an inoperable vehicle shall not be
sufficient to comply with the requirements of this Section.
(b)
As used in this Section, an "inoperable vehicle," shall
mean any motor vehicle, trailer or semitrailer, as defined in Code
of Virginia, section 46.2-100:
(1)
Which is not in operating condition; or
(2)
Which for a period of sixty (60) days or longer has been
partially or totally disassembled by the removal of tires and
2
69
70
71
72
73
74
75
76
77
78
79
80
57
wheels,
the engine or other essential parts
required
for
58
operation of the vehicle; or
59
(3)
On which there are displayed neither valid license plates
60
nor a valid inspection decal.
61
(c)
Any person violating any provision of this Section shall
62
be given a notice that the keeping of such inoperable vehicle
63
constitutes a violation which must be abated within seven (7) days
64
from the date of such notice.
The notice shall
(1)
reasonably
65
describe the subject inoperable vehicle;
(2) state that any owner
66
of such inoperable vehicle or any owner of property upon which such
67
inoperable vehicle is located may appeal the decision that the
68
vehicle is in violation of this Section by a written notice of
appeal with the Code Enforcement Administrator of the Department of
Housing and Neighborhood Preservation within seven (7) days from
the date of the notice;
(3) state that failure to comply with the
requirements of this Section may result in the removal and disposal
of the vehicle; and (4) state that such removal and disposal shall
be at the expense of the owner of such inoperable vehicle or the
owner of the property upon which such vehicle is located.
( d)
Service of the notice provided for in subsection
(c)
shall be by first-class mail, personal delivery or posting in a
conspicuous place. The owner shall, for purposes of this Section,
be defined as the owner of the inoperable vehicle, or if the owner
of the inoperable vehicle cannot be ascertained or readily located,
3
98
99
100
101
102
103
104
81
the owner of the property. The Code Enforcement Administrator and
82
inspectors
of
the
of
Housing
Department
and
Neighborhood
83
Preservation are hereby authorized to deliver or post such notices.
84
(e)
Failure of any person to place such inoperable vehicle
85
into a fully enclosed structure, to screen or shield such vehicle
86
from view as set forth in subsection (a) above, or to remove such
87
vehicle, or render such vehicle operable within the time prescribed
88
in subsection (c) above shall constitute a Class 3 misdemeanor. In
89
addition
any penal ties
imposed hereunder,
to
code
enforcement
90
administrator or his designee may institute legal action to enjoin
91
the continuing violation and may request that the Chief of Police
92
or his designee remove and dispose of such inoperable vehicle as
93
provided in subsections 16-41(c)--(h).
94
Should the cost of removal and disposal exceed the proceeds of
95
sale as outlined in subsection (e) above, the additional cost of
96
any such removal and disposal shall be chargeable to the owner of
97
the inoperable vehicle or of the property and may be collected by
the
city
and
levies
taxes
collected;
and
as
every
cost
are
authorized by this section with which the owner of the property has
been assessed shall constitute a lien against the property from
which the inoperable vehicle was removed,
the lien to continue
until actual payment of such costs has been made to the City.
(f)
The owner or his agent may, at any time from the date of
removal, up to and including the twentieth day of storage, claim
4
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
such vehicle upon payment
charges.
(g)
of towing,
preservation and storage
The provisions of this Section shall not apply to any
business duly licensed to deal in the buying, selling, storing or
disassembling of motor vehicles, trailers or semitrailers, or the
temporary
storage
of motor vehicles,
or
semitrailers
trailers
awai ting repairs,
which
is
or any motor vehicle,
trailer or semitrailer
designed
used
primarily
for
agricultural
or
or
horticultural purposes and which is
kept upon a farm or other
property principally used for such purposes.
(h)
Any owner of an inoperable vehicle or owner of property
upon which such vehicle is located aggrieved of a decision made
pursuant to this Section may appeal such decision as set forth in
subsection
(c)
above.
The Code Enforcement Administrator or his
designee shall schedule a hearing of such appeal on a date not
later than ten (10) business days after the filing of the appeal;
provided, however, that such hearing may, at the discretion of the
Code Enforcement Administrator or his designee, be rescheduled for
good cause shown. Enforcement proceedings otherwise permitted under
this Section shall be stayed during the pendency of such appeal.
Sec.
16-41.
(a)
Removal, storage and sale of certain unattended
vehicles--Generally.
Any
law
may
enforcement
officer
have
removed
for
safekeeping any motor vehicle,
trailer,
semitrailer or part or
5
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
combination thereof if:
( 1)
It is left unattended or has been involved in an accident
on a public highway or other public property and impedes the
flow of traffic;
(2 )
(3)
It is illegally parked;
It is left unattended for more than ten (10) days either
on
public
on
private
without
property
the
property
or
permission of the property owner, lessor or occupant;
(4 )
is
a
immobilized
It
public
highway
by
weather
on
conditions or other emergency situation;
(5)
It is left abandoned on a public highway or other public
property.
For the purposes
shall be
of this
section,
it
presumed that a vehicle or part thereof is abandoned if (a) it
lacks either a current license plate, or a current county,
city or town license decal, or a valid state safety inspection
decal; and (b) it has been in a specific location for four (4)
days without being moved.
( 6)
It is designated for removal by the Code Enforcement
Administrator as provided by § 16-40(e).
(b)
No vehicle shall be moved from private property under the
provisions of subsection (a) (3) of this section without the written
request of the owner,
lessee or occupant thereof.
Further,
the
person at whose request a motor vehicle, trailer or semitrailer is
removed from privately owned property pursuant to this section
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shall indemnify the city against any loss or expense incurred by
reason of the removal, sto~age or sale.
(c)
Each removal under this
shall be
Section or §
16-40
reported immediately to the Chief of Police, who shall give notice
to the owner of the motor vehicle, trailer or semitrailer and to
the department of motor vehicles as promptly as possible. The owner
of
vehicle,
or
trailer
such
semitrailer,
before
obtaining
possession thereof,
shall pay to the city all reasonable costs
incidental to the removal, storage and locating the owner of the
vehicle, trailer or semitrailer. Should such owner fail or refuse
to pay the costs or should the identity or whereabouts of such
owner be unknown and unascertainable, after a diligent search has
been made and after notice to him at his last known address and to
the holder of any lien of record in the office of the Department of
Motor Vehicles in Virginia against the motor vehicle, trailer or
semitrailer,
the Chief of Police may,
after holding the motor
vehicle,
trailer or semitrailer twenty
(20)
days and after due
notice of sale, dispose of the same at public sale and the proceeds
from the sale shall be forwarded by the Chief of Police to the City
Treasurer.
(d)
If no claim has been made by the owner for the proceeds
of a sale under this Section, the remaining funds may be deposited
to the general fund or any special fund of the City. Any such owner
shall be entitled to apply to the city within three (3) years from
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the date of such sale, and if timely application is made therefor,
the City shall pay the same to the owner, without interest or other
charges.
No claim shall be made nor shall any suit,
action or
proceeding be instituted for the recovery of such funds after three
(3) years from the date of such sale.
(e)
Notwithstanding the foregoing provisions, any abandoned
vehicle
which
is
inoperable
fair
value
is
and
whose
market
determined to be
less than the cost of its
restoration to an
operable condition, may be disposed of to a demolisher, without
title and without notification procedures, by the city or by the
person on whose property or in whose possession the vehicle is
found.
demolisher,
on
The
taking
the
inoperable
custody
of
abandoned vehicle shall notify the department as provided by Code
of Virginia, § 46.2-1205.
( f)
in
personal
found
unattended
Any
property
any
or
abandoned
vehicle,
trailer
semitrailer
be
sold
motor
or
may
incident to the sale of such vehicle pursuant to this Section.
(g)
In enforcing this Section the police department shall not
utilize any tow truck service which is not in full compliance with
the requirements of Article IV of Chapter 21.
(h)
The Chief of Police is authorized to adopt,
with the
approval of the City Manager, additional requirements for towing
services related to the safety and convenience of persons whose
vehicles are towed in accordance with this Section.
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CHAPTER 21
MOTOR VEHICLE AND TRAFFIC CODE
ARTICLE I.
INCORPORATION OF TITLE 46.2 OF THE
VIRGINIA CODE;
LOCAL AUTHORITY
Sec. 21-1.
Adoption of Title 46.2 of the state law.
(a)
Pursuant to the authority of § 46.2-1313 of the Code of
Virginia, 1950, as amended, all of the provisions and requirements
of the laws of the State contained in Title 46.2 of the Code of
Virginia,
as amended,
and pursuant to § 1-220 of the Code of
Virginia as amended in the future,
except those provisions and
requirements the violation of which constitutes a felony,
and
except those provisions and requirements which,
by their very
nature, can not have application to or within the City, are hereby
adopted and incorporated in this Chapter by reference and made
applicable within the City.
Such provisions and requirements are
hereby adopted and made a part of this Chapter as fully as though
set forth at length herein, and it shall be unlawful for any person
within the City to violate or fail, neglect or refuse to comply
with any provision of the Code of Virginia, which is adopted by
this Section; provided, that in no event shall the penalty imposed
for the violation of any provision or requirement hereby adopted
exceed the penalty imposed for a similar offense under the Code of
Virginia.
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(b)
Any change to any Section of this Article resulting from
a future amendment to a state law that is adopted and incorporated
by reference shall become effective at the same time the amended
state law becomes effective.
(c)
All definitions of words and phrases contained in the
State law hereby adopted shall apply to such words and phrases,
when
in
to
the
this
used
Chapter,
unless
clearly
indicated
contrary. Reference to "highways of the state" contained in such
provisions and requirements hereby adopted shall be deemed to refer
to the streets, highways and other public ways within the City.
Sec. 21-2.
Title.
The provisions of this Chapter shall be known as the "Motor
Vehicle and Traffic Code of the City of Virginia Beach, Virginia"
and may be so cited.
Sec. 21-3. General powers of City Manager relative to traffic.
(a)
The City Manager shall have final authority over the
management and direction of all vehicular and pedestrian traffic in
the City and of the parking and routing of vehicles in the interest
of the public safety,
comfort and convenience,
not inconsistent
with the provisions of this Chapter and Title 46.2 of the Code of
Virginia.
appropriate
He
signs
be
erected
and
to
may
cause
maintained, designating residence and business districts, school,
hospital
and
safety
highways
and
interurban
railway
zones,
crossings,
turns at intersections,
traffic lanes and such other
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signs as may be necessary to carry out the provisions of this
chapter.
shall
traffic by means
of
have power to
regulate
He
traffic officers or semaphores or other signaling devices on any
portion of the highway where traffic is heavy or continuous or
where, in his judgment, conditions may require. He may adopt any
such regulations,
not inconsistent with the provisions of this
Chapter,
as he shall deem advisable and necessary,
and repeal,
amend or modify any such regulation; provided, however, that such
regulations shall not be deemed to be violated if, at the time of
the alleged violation, any sign or designation required under the
terms of this Chapter is missing, effaced, mutilated or defaced, so
that an ordinary observant person, under the same circumstances,
would
apprised
aware
be
of
existence
of
such
of
the
not
or
regulations.
(b)
Notwithstanding the provisions of subsection
(a),
the
City Manager shall not implement any program or regulation which
requires the payment of a fee to park in any public lot within or
adjacent to the Municipal Center absent specific authorization from
City Council.
Sec.
21-4.
for
Compliance
violations.
with
chapter;
general
penalty
It shall be unlawful for any person to violate or refuse, fail
or neglect to comply with any of the provisions of this Chapter.
Unless otherwise specifically provided, a violation of this Chapter
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290
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296
shall constitute a traffic infraction punishable by a fine of not
more than two hundred fifty dollars ($250.00).
Secs. 21-5 - 21-199.
Reserved.
ARTICLE II.
VEHICLE OPERATION.
DIVISION 1.
GENERALLY.
Sec. 21-200.
Blocking intersections or marked crosswalks.
No operator of a vehicle shall enter an intersection or a
marked crosswalk,
unless there is sufficient space beyond such
intersection or crosswalk, in the direction in which such vehicle
is proceeding, to accommodate the vehicle without obstructing the
passage
of
any
other vehicles
or pedestrians,
notwithstanding
traffic-control signal indication to proceed.
Sec. 21-201.
Cruising.
(a)
The City of Virginia Beach hereby finds and declares that
the unregulated practice of cruising on Atlantic Avenue in the
resort
substantial
congestion,
vehicular
traffic
creates
area
including extended periods of gridlock; interferes with the smooth
and orderly flow of both vehicular and pedestrian traffic; unduly
interferes with the ability of police, fire, and rescue vehicles to
respond to calls for assistance; and thereby endangers the health,
safety and welfare of the City's citizens and visitors. By adoption
of this Section, it is the intent of the City to regulate cruising
on Atlantic Avenue in the resort area and thereby to alleviate the
problems associated therewith.
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298
(b)
The following words and phrases shall, for purposes of
this Section, have the meanings respectively ascribed thereto:
299
(i)
Cruising or to cruise shall mean to operate a motor
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301
302
303
304
305
306
307
308
vehicle or low-speed vehicle, or as a custodian thereof,
to permit its operation, past a traffic-control point two
(2 )
times in the same direction within any three-hour
period.
(ii) Custodian shall mean any person who is the owner of a
motor
vehicle
or
low-speed
vehicle,
has
custody
or
thereof, and who is riding therein (or thereon) at the
time of its operation.
(iii)Enforcement period shall mean the period from May 1 to
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310
311
September 30, inclusive, between the hours of 2:00 p.m.
and 4:00 a.m., inclusive.
(iv) Restricted
area
shall mean Atlantic Avenue
from and
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313
314
(v)
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316
317
including the Rudee Inlet Loop to and including 31st
Street.
Resort area shall mean the area, from and including, the
sidewalk
the
side
Pacific Avenue
of
west
to
the
on
Atlantic Ocean between Rudee Inlet and 42nd Street.
(vi) Traffic-control point shall mean the location of any sign
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320
indicating that cruising is prohibited,
or any point
designated by the chief of police or his duly authorized
designee which is located between any such signs.
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327
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329
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331
332
333
334
335
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337
338
339
340
341
342
343
344
(c)
It shall be unlawful for any person to cruise in the
restricted area during the enforcement period. A violation of this
subsection
shall
constitute
traffic
infraction,
and
each
a
successive trip past a traffic-control point after a violation has
occurred shall constitute a separate violation.
(d)
Signs indicating that cruising is prohibited shall be
posted at periodic intervals immediately adjacent to the restricted
area. Such signs shall state substantially as follows:
NO CRUISING 2 P.M. TO 4 A.M.
UNLAWFUL TO PASS THIS POINT
2 TIMES IN 3-HOUR PERIOD
(e)
The provisions of this Section shall not be applicable to
the operator of a police, fire or rescue vehicle in the conduct of
official duties, the operator of a common carrier, or the operator
of any motor vehicle or low-speed vehicle when such motor vehicle
or low-speed vehicle is being operated for business purposes.
Sees. 21-202 - 21-219.
Reserved.
DIVISION 2.
TRAFFIC SIGNS, SIGNALS AND MARKINGS.
Sec.
21-220. Activation of traffic control signals
department and rescue squad members.
fire
by
Members of any fire department or any rescue squad, when on
duty,
activate
electric
traffic-control
signals
when
such
may
control signals are specifically authorized by the State Highway
and Transportation Commissioner or the City Manager.
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356
357
358
359
360
361
362
363
364
365
366
367
368
369
Sec. 21-221.
Duty to obey traffic signs and signals and orders of
police officers.
Pedestrians shall obey signs and signals erected on highways
or streets for the direction and control of travel and traffic and
they shall obey the orders of police officers engaged in directing
travel and traffic on the highways and streets. Violations of this
section shall be punished by a fine not exceeding two hundred
dollars ($200.00) for each offense.
Secs. 222 - 229.
Reserved.
DIVISION 3.
SPEEDING.
Sec. 21-230.
Traffic calming via maximum speed limits in certain
residential districts; penalty.
Pursuant to § 46.2-878.2 of the Code of Virginia, any person
who operates a motor vehicle in excess of the maximum speed limit
established for any portion of the following highways
located
wi thin the designated neighborhoods,
on or after the effective
date,
shall be guilty of a traffic infraction punishable by a
prepayable fine of two hundred dollars ($200.00), in addition to
other penalties provided by law. No portion of the fine shall be
suspended unless the court orders twenty (20) hours of community
service.
(1)
J Garden:
Norwich Avenue;
Taj 0 Avenue;
Fairlawn
L &
Avenue; Dulcie Avenue.
(2)
Acredale: Andover Road; Langston Road; Bonneydale Road;
Olive Road, Alton Road; Old Kempsville Road.
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383
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386
387
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389
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391
392
393
(3) Lake Shores: Jack Frost Road; Lake Shores Road.
(4) Little Neck: Harris Road.
(5) Lake Shores: Oak Leaf Lane, Tern Road; Lake Road S;
Regina Lane; Meredith Road, School Road, Mosby Road, Frizzel Drive;
Finn Road; Charla Lee Lane; Smith Farm Road.
( 6)
Brighton on the Bay: Templeton Lane; Wivenhoe Way; Starr
Way.
(7 )
Baylake Pines/Baylake Beach: Ben Gunn Road; Indian Hill
Road;
Bayville
Road;
Baylake
Road;
Rampart
Avenue;
Lookout Road; Sandy Bay Drive.
(8 )
Country Haven: Stewart Drive.
( 9)
Fairfield: Lord Dunmore Drive.
(10) Bellamy Manor: Homestead Drive.
(11) Church Point:
Church Point Place;
Church Point Road;
Timber Ridge Drive.
(12) Stratford Chase:
Stratford Chase Drive;
Minden Road;
Violet Bank; Kittery Drive.
(13) Bayville Park: Greenwell Road (From Shore Drive to First
Court Road) .
(14) Milburn Manor: Davis Street.
(15) Lake James: Lake James Drive.
(16) Larkspur:
Edwin
Princess
to
Drive
Road
from
Anne
Independence Blvd.
Effective as of April 6, 2004:
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402
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404
405
406
407
408
409
410
411
412
413
414
415
416
417
(1 )
Croatan: Croat an Road.
(2 )
Birdneck Point: Cardinal Road.
Effective as of April 5,2005:
(1)
Thoroughgood: Thoroughgood Drive.
(2)
Hermitage Road.
Secs. 21-231 - 239.
Reserved.
DIVISION 4.
DRIVING WHILE UNDER INFLUENCE OF ALCOHOL OR DRUGS.
Sec. 21-240.
Reimbursement for expenses incurred from emergency
responses.
(a)
Any person convicted of violating any of the following
provisions of the Code of Virginia, or any similar ordinance in the
City
liable
civil
action
Code,
shall
be
in
for
a
separate
reasonable expenses incurred by the City of Virginia Beach or by
any volunteer rescue squad, or both, when providing a appropriate
emergency response to any accident or incident related to such
violation.
(1 )
The provisions of Code of Virginia §§ 18.2-51.4, 18.2-266
or
29.1-783,
motor
vehicle,
operation
when
such
of
engine,
train or watercraft while so impaired is the
proximate cause of the accident or incident;
(2 )
The provisions of Article 7 (section 46.2-852 et seq.) of
Chapter 8 of Title 46.2 relating to reckless driving,
when such reckless driving is the proximate cause of the
accident or incident;
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428
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430
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432
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435
436
437
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439
440
(3)
The provisions of Article
(§
46.2-300 et seq.)
of
1
Chapter 3 of Title 46.2 relating to driving without a
license or driving with a suspended or revoked license;
and
(4 )
The provisions of Code of Virginia § 46.2-894 relating to
improperly leaving the scene of an accident.
(b)
Personal
liabili ty under this
Section
reasonable
for
expenses of an appropriate emergency response shall not exceed one
thousand dollars
($1,000.00)
in the aggregate for a particular
accident or incident. In determining the "reasonable expenses"a
flat fee of two hundred and fifty dollars ($250.00) may be billed,
or a minute-by-minute accounting of the actual cost incurred may be
billed.
includes
(c)
As used in this Section, "appropriate emergency response"
all
of providing law-enforcement,
fire-fighting,
cost
rescue and emergency medical services.
(d)
The provisions of this Section shall not preempt or limit
any remedy available to the Commonwealth,
the City of Virginia
Beach, or to any volunteer rescue squad to recover the reasonable
expenses of an emergency response to an accident or incident not
involving impaired driving operation of a vehicle or other conduct
as set forth herein.
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451
452
453
454
455
456
457
458
459
460
461
462
463
464
DIVISION 5. OPERATION OF MOTORCYCLES, MINIBIKES, ETC.
Sec. 21-250.
Opera tion on pri va te property; compliance
registration and licensing requirements.
with
(a)
It shall be unlawful for any person to operate or permit
to be operated any motorcycle, minibike, trail bike, motor scooter
or other form of two (2) or more wheeled transportation propelled
by an internal combustion engine,
upon the private property of
another, unless the operator of said vehicle has in his possession
written authorization from the property owner or his agent.
(b)
The
of
privately
owned
desiring
owner
any
property
enforcement upon his property of any provision of this Section
shall notify the Chief of Police or his authorized designee.
(c)
When any police officer arrests a person and charges him
wi th a violation of this
such officer may seize
the
Section,
vehicle involved and deliver the same to the Chief of Police or his
authorized designee, and the vehicle shall be held until the charge
is disposed of by the court having jurisdiction; provided,
that
seizure
shall not be made of any 'vehicle operated on private
property, unless the owner of such property has complied with the
requirements of subsection (b) above. In disposing of the charge,
the court shall order the vehicle returned to its owner,
except
that, when any person has been convicted of a second or subsequent
violation of this Section, the judge may order such vehicle held by
the Chief of Police or his authorized designee for a period not to
exceed ninety (90) days.
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467
468
469
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476
477
478
479
480
481
482
483
484
485
486
487
488
489
(d)
The
provisions
of
this
Section
shall
apply
not
to
emergency vehicles, government vehicles or to persons driving upon
such property with the written consent of the owner or person in
lawful possession of such property or to the property owner or his
family, employees, agents or lessees.
Sec. 21-251.
Unreasonable loud, disturbing,
operation of motorcycle.
noise
etc. ,
from
It shall be unlawful and a Class 4 misdemeanor for any person,
in
operating
motorcycle
within
City,
to
create
the
a
in
the
operation thereof any unreasonably loud, disturbing or unnecessary
noise. In operating a motorcycle, the following acts, among others,
are
declared
unreasonably
loud,
disturbing
to
create
unnecessary
noise
violation
this
Section,
but
in
of
enumeration shall not be deemed to be exclusive:
and
such
(1)
The use of a motorcycle so out of repair as to cause
thereby loud and unnecessary grating, grinding, rattling
or any of such noises, or any other unnecessary noise.
(2)
The practice
of unnecessarily racing the motor
of a
motorcycle while
standing or moving,
thereby causing
unnecessary noise from such motor.
(3 )
The practice of unnecessarily retarding the spark to the
motor and thereby causing unnecessary, loud and explosive
noise from such motor.
(4 )
In starting a motorcycle from a standing position the
practice
gaining
unnecessarily
quickly
of
speed
20
and
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496
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502
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508
509
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514
thereby
causing
unnecessary and
loud noise
from the
motor.
(5)
The practice of coming to an unreasonably quick stop with
a motorcycle and thereby causing unnecessary grinding of
brakes and screeching of tires, or either of such noises.
Sec. 21-252.
Boarding or alighting from moving vehicles.
No person shall board or alight from any vehicle while such
vehicle is in motion.
Sec. 21-253.
Riding on portion of vehicle not intended for
passengers; persons under sixteen prohibited from
riding in cargo areas of pickup trucks.
(a)
No person shall ride on any vehicle upon any portion
thereof not designed or intended for the use of passengers. This
provision shall not apply to any employee engaged in the necessary
discharge of a duty or to persons riding within truck bodies in
space intended for merchandise; provided, however, no person under
sixteen (16) years of age shall be transported in the rear cargo
area of any pickup truck on any highway in this City.
(b)
provisions
to
this
Section
shall
apply
of
The
not
transportation of persons in the bed of any pickup truck being
operated (i) as part of an organized parade authorized by the state
department of transportation or the City or
(ii)
on or across a
highway from one field or parcel of land to another field or parcel
of land in connection with farming operations.
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523
524
525
526
527
528
529
530
531
532
533
534
535
536
537
Secs. 21-254 - 21-299.
Reserved.
ARTICLE III. STOPPING, STANDING AND PARKING.
DIVISION 1.
GENERALLY
Sec. 21-300.
General authority of director of public works as to
parking.
(a)
Notwithstanding
this
Chapter,
the
provisions
of
any
Director
Public
authorized,
when
in
his
is
hereby
of
Works
judgement it is in the public interest so to do, to set apart on
any of the streets of the city spaces for loading and unloading
merchandise, bus stops and other places in which no general parking
shall be permitted,
and he is
further authorized to set aside
spaces
in
parking
limited
or
time
further
which
shall
be
prohibited.
Such action shall not be effective,
unless signs or
other markings are present, within or near such spaces, so as to
apprise an ordinarily observant person of such parking prohibitions
or regulations.
It shall be unlawful for any person to fail to
comply with the requirements of signs or other markings.
(b)
This Section shall not be construed to authorize the
Director
Public Works
designate
parking meter
of
to
zones
or
taxicab stands.
Sec. 21-301.
Appointees to enforce parking regulations.
The
City
appoint
city
is
authorized
hereby
Manager
to
personnel and/or personnel serving under contract with the City to
enforce the provisions of §§ 21-303 through 21-310 of the City Code
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543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
in addition to the regular police officers of the City.
Such
personnel shall wear a uniform as prescribed by the City Manager.
Nothing shall preclude the City Manager from appointing personnel
under this Section who may also have been appointed under § 21-328
of the City Code.
Sec. 21-302.
Stopping or parking on highways generally.
(a)
Except when actually loading or unloading merchandise, as
permitted in this Chapter, no vehicle shall be stopped except close
to and parallel to the right-hand edge of the curb or roadway,
except that a vehicle may be stopped close to and parallel to the
left-hand curb or edge of the roadway on one-way streets or may be
parked at an angle, where permitted.
(b)
Except when actually loading or unloading merchandise, as
permitted in this Chapter, no vehicle shall be stopped except close
to and parallel to the right-hand edge of the curb or roadway,
except that a vehicle may be stopped close to and parallel to the
left-hand curb or edge of the roadway on one-way streets or may be
parked at an angle, where permitted.
Sec. 21-303.
prohibitions;
penalties
for
General parking
violation.
(a)
No person shall park a vehicle, except when necessary to
avoid
traffic
in
compliance
the
with
conflict
with
other
or
directions of a police officer or traffic-control device, in any of
the following places:
(1 )
Within fifteen (15) feet of a fire hydrant.
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569
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572
573
574
575
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577
578
579
580
581
582
583
584
585
586
(2 )
(3)
(4 )
Within any designated fire lane.
At
place
block
fire
department
to
any
so
as
any
connection.
Within fifteen (15) feet of the driveway entrance to any
fire station and, on the side of a street opposite the
entrance to any fire station, within seventy-five (75)
feet of the entrance, when properly signposted.
(5 )
Within fifteen (15) feet of the entrance to a building
housing rescue squad equipment or ambulances, provided
such buildings are plainly designated.
( 6)
(7 )
In front of a public or private driveway.
Within an intersection.
(b)
avoid
(8 )
On the roadway side of any vehicle parked at the edge or
curb of a street (double parking).
( 9)
Upon any bridge or other elevated structure upon a street
the
directions of a police officer or traffic-control device, in any of
or highway or within a tunnel.
(10) On the left-hand side of roadway of a two-way street.
(11) At any place so as to impede or render dangerous the use
of any street or highway.
No person shall park a vehicle, except when necessary to
conflict
traffic
in
with
with
or
compliance
other
the following places:
(1 )
On a sidewalk.
24
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(2 )
a
588
(3 )
589
590
591
592
593
594
( 4 )
595
596
597
(5 )
598
599
600
601
(6 )
602
603
(7 )
604
605
(8 )
606
607
( 9)
608
609
610
On a crosswalk.
Within
(20 )
of
crosswalk
an
at
feet
twenty
intersection; provided, however, that where there is no
crosswalk at an intersection, no person shall so park a
vehicle within twenty (20) feet from the intersection of
curb lines or, if none, then within fifteen (15) feet of
the intersection of property lines.
Within thirty (30) feet upon the approach to any flashing
beacon, stop sign or traffic-control signal located at
the side of a roadway.
Between a safety zone and the adjacent curb or within
thirty
of points
curb
immediately
(30)
on
the
feet
opposite the ends of a safety zone, unless a different
length is indicated by official signs or markings.
Within fifty (50) feet of the nearest rail of a railroad
grade crossing.
Alongside
opposite
excavation
or
street
or
any
obstruction, when such parking would obstruct traffic.
At any place where official signs prohibit, reserve or
restrict parking.
In a residential or apartment district (area), if such
vehicle is a commercial vehicle in excess of twenty (20)
feet in length and/or seven
feet in height.
This
(7 )
restriction shall not apply to commercial vehicles parked
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622
while engaged in the normal conduct of business or in the
delivery
provision
services
in
a
goods
of
or
or
residential or apartment district (area).
(10) At any place so as to prevent the use of a curb ramp
located on public property or on privately owned property
open to the public.
(11) At any place, angle parked or perpendicular to a curb,
unless street markings permit.
(12) On
highway
City parking
lot,
street
any
or
or
any
displaying
sign
lettering
indicating
that
the
a
or
vehicle is offered for sale or rent.
(c)
No person shall park on any street or highway, or on any
623
City parking lot, any vehicle which fails to display one
(1) or
624
more of the following:
625
626
627
628
629
630
631
632
633
634
(1 )
(2 )
(d)
A valid state vehicle safety inspection decal.
Valid and current state license plates.
(1) When a notice or citation is attached to a vehicle
of
found parked
in violation
any provision
of
this
Section, the owner of the vehicle may, within fourteen
(14) calendar days thereafter, pay to the City Treasurer,
in satisfaction of such violation, a penalty of thirty-
five dollars ($35.00), for a violation of any provision
of
subsection
or
twenty
(a)
(c),
(a) (2) ,
except
or
dollars
($20.00)
for a violation of any provision of
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636
637
638
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640
641
642
643
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645
646
647
648
649
650
651
652
653
654
655
656
657
658
subsection
(2 )
(e)
subsection (b), for each hour or fraction thereof during
which such vehicle was unlawfully parked. Such payment
shall constitute a plea of guilty of the violation in
question. If such payment is not postmarked or received
by the City Treasurer within fourteen (14) calendar days
after issuance of such notice or citation, the penalty
shall be seventy dollars ($70.00) for a violation of any
provision of subsection
of this
section,
(a)
or
(c)
except (a) (2), and forty dollars ($40.00) for a violation
of any provision of subsection (b) of this Section.
For violations of subsection (a) (2), the penalty shall be
fifty dollars
($50.00)
if paid to the City Treasurer
within fourteen (14) days after the notice or citation is
issued, and if payment is not postmarked or received by
the
City
after
within
fourteen
(14 )
days
Treasurer
issuance of the notice or citation, the penalty shall be
one hundred dollars ($100.00).
The failure of any owner to make payment in accord with
(d)
above or present the notice or citation for a
violation of this Section at an office of the City Treasurer for
certification to the General District Court, within thirty (30)
days, shall render such owner subject to a fine of not more than
($50.00)
in addition to the penalty prescribed by
fifty dollars
subsection (d).
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680
681
Sec. 21-304.
Parking or stopping for certain purposes prohibited.
(a)
It shall be unlawful for any person to park or place any
automobile, truck, trailer or other vehicle upon or in any street,
alley or parkway for the purpose of selling or offering the same
for sale or rent. No sign or lettering shall be attached or placed
upon any automobile, truck, trailer or other vehicle parked in or
upon any public street, alley or parkway in the City indicating
that such vehicle is offered for sale or for rent.
(b)
It shall be unlawful for any person to stop a vehicle at
any time upon a highway for the purpose of advertising any article
of any kind, or to display thereupon advertisements of any article
or advertisement for the sale of the vehicle itself.
Sec. 21-305.
Washing or greasing vehicle on highway or sidewalk.
No person shall,
for compensation, wash, polish or grease a
vehicle upon a highway or sidewalk,
nor shall the owner of a
vehicle
permit
greased,
for
polished
it
be
washed,
to
or
compensation, upon a highway or sidewalk.
Sec. 21-306.
Backing to curb.
No vehicle shall be backed to a curb, except during the time
actually engaged in loading or unloading merchandise therefrom.
Sec. 21-307.
Parking vehicle without current state license.
It shall be unlawful for any person to park any vehicle having
no current state license on any highway within the City.
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687
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689
690
691
692
693
694
695
696
697
698
699
700
701
702
703
704
Sec. 21-308.
Parking in street sweeping zones.
It shall be unlawful for any person to park any vehicle in a
"no
parking"
designated
for
sweeping
during
the
zone
street
respective hours as noted. It shall also be unlawful for any person
to park any vehicle in a zone scheduled for street sweeping when
proper
notification
given
City
through
the
by
the
has
been
placement of a notice on the windshield of vehicles located in the
sweeping zone. The City has the right to remove any vehicle located
within these zones during the designated times of street sweeping.
Sec. 21-309.
Manner of using loading zones.
Where a loading or unloading zone has been set apart by the
Director of Public Works in accordance with applicable provisions
of this Chapter, the following regulations shall apply with respect
to the use of such areas:
(1 )
No person shall stop,
stand or park a vehicle for any
purpose or length of time, other than for the expeditious
unloading
delivery
pickup
and
loading
of
and
or
materials,
in any place marked as a curb loading zone
during hours when the provisions applicable to such zones
are in effect. All delivery vehicles, other than regular
delivery
using
loading
zones
shall
be
such
trucks,
identified by the owner's or company's name, in letters
three (3) inches high on both sides of the vehicle.
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706
707
708
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714
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(2)
The driver of a passenger vehicle may stop temporarily in
a space marked as a curb loading zone for the purpose of,
and while
engaged
in,
loading
unloading
actually
or
passengers
bundles,
such
stopping
not
does
or
when
interfere with any vehicle used for the transportation of
materials which is waiting to enter or is about to enter
such loading space.
Sec. 21-310.
Manner of using bus stops and taxicab stands.
Where a bus stop has been set apart by the Director of Public
Works in accordance with the applicable provisions of this Chapter
or where a taxicab stand has been designated in accordance with
Section 36-78 of this Code, the following regulations shall apply
as to the use thereof:
No person shall stop,
stand or park a
vehicle other than a bus in a bus stop, or other than a taxicab in
a taxicab stand,
where such stop or stand has been officially
designated and appropriately signed, except that the driver of a
passenger vehicle may temporarily stop therein for the purpose of,
and while actually engaged in, the expeditious loading or unloading
of passengers, when such stopping does not interfere with any bus
or taxicab waiting to enter or about to enter such zone.
Sec. 21-311.
Contest of parking citations.
Any person who shall desire to contest a parking citation
shall present the citation at any office of the City Treasurer, who
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shall certify it on an appropriate form to the General District
Court.
Secs. 21-312 - 21-319.
Reserved.
DIVISION 2.
PARKING METERS
Sec. 21-320.
Installation, maintenance, required signals, etc.
The City Manager shall have the authority to provide for the
installation or placing of parking meters within the City and the
regulation, control, operation and use thereof in accordance with
the provisions of this Division and shall maintain such meters in
good working condition. Such parking meters shall be placed upon
the
curbing
spaces
immediately
adjacent
individual
parking
to
designated as provided in this Division. Each parking meter shall
be placed or set in such a manner as to show or display a signal
that the parking space assigned to it is or is not legally in use
and to display,
upon deposit of the proper coin of the United
States of America therein, a signal indicating legal parking time
for the time allotted for such coin for the part of the street upon
which such meter is placed. Each meter shall be so arranged that,
upon the expiration of such parking limit, or the portion thereof
for which the necessary coin or coins have been deposited, it will
indicate,
by mechanical
operation and proper
signal,
that
the
lawful parking period has expired.
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798
America in the parking meter adjacent thereto, and such space may
then be lawfully occupied by such vehicle during the period of
parking time calculated on the basis of seventy-five cents ($0.75)
per hour, not to exceed, however, the maximum time prescribed by §
21-423. If such vehicle shall remain in such parking space beyond
the period of parking time calculated on the basis of seventy-five
cents ($0.75) per hour, the parking meter shall display a sign or
signal showing illegal parking, in which event, the vehicle parked
in such parking space shall be considered as parked overtime and
beyond the period of legal parking time.
(b)
Notwithstanding the provisions of subsection (a) above,
the City Manager or his designee may issue a parking permit to any
citizen of the City who is sixty-five (65) years of age or older,
which will allow the permittee to park in metered spaces in the
area commonly known as Rudee Inlet Loop Wayside without depositing
a coin or coins.
(c)
It shall be unlawful for any person to cause,
allow,
permit or suffer any vehicle to be parked overtime or beyond the
period of legal parking time established for any parking space
provided for in this division. It shall likewise be unlawful for
any person to permit a vehicle to remain or to be parked in any
parking space adjacent to any parking meter installed pursuant to
the provisions of this Division while such meter is displaying a
signal indicating that the vehicle occupying such parking space has
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already been parked beyond the period of time prescribed for such
parking space.
Sec. 21-323.
Parking for more than three hours in metered space;
exemption for senior citizens.
Notwithstanding any other provisions of this Division,
and
whether or not coins have been deposited in a parking meter, no
person shall park a vehicle in any parking space in a parking meter
zone established by this Division for longer than three (3) hours
at
anyone time.
shall not apply to any
The three-hour limit
citizen of the City who is sixty-five (65) years of age or older
who is parked in a metered space in the area commonly known as
Rudee Inlet Wayside Loop and who has been issued and displays a
permit obtained under the provisions of § 21-322(b).
Sec. 21-324.
Hours and dates during which Division is applicable.
(a)
The provisions of this Division shall apply to parking
twenty-four (24) hours per day in all areas, every day including
federal and state legal holidays and Sundays from April first to
October first of each calendar year.
(b)
Pursuant to § 21-320,
the City Manager shall have the
authority to designate specific areas in which the hours and/or
dates
that
the
provisions
of this
Division
is
applicable
are
different from the hours and/or dates set forth in subsection (a),
provided that any such area is clearly identified by signs, curb
markings or other means.
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833
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838
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840
841
842
843
844
845
846
Sec. 21-325.
Use of metered space without deposit for loading,
unloading, etc.
Operators of delivery vehicles may use, without deposit, any
parking meter space referred to in this Division during the actual
loading and unloading of
such delivery vehicles.
of
Operators
passenger
vehicles,
commercial
private,
without
or
may
use,
deposit,
such a parking meter space for the purpose of promptly
receiving or discharging any passenger.
Sec. 21-326.
Establishment of loading zones, bus stops, etc., in
meter zones.
The Director of Public Works may set apart, within the parking
meter zones established by this Division, spaces for loading zones,
bus stops and other places in which no parking by the general
public shall be permitted; provided, however, that taxicab stands
within such parking meter zones shall be designated as provided in
§ 36-78 of this Code.
Sec. 21-327.
Purpose of required deposits.
The coins
required to be deposited in parking meters,
as
provided in this Division, are hereby levied and assessed as fees
to provide for the proper regulation and control of traffic on the
public
and
the
of
supervision,
to
cover
cost
the
streets
inspection, installation, operation, maintenance, control and use
of the parking meter spaces and regulating the parking of vehicles
in the parking meter zones established by this division.
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851
852
853
854
855
856
857
858
859
860
861
862
863
864
865
866
867
868
869
870
871
Sec. 21-328.
Appointment of persons to enforce Division.
The City Manager
is
authorized to appoint
ci ty personnel
and/or personnel serving under contract with the City to enforce
the provisions of this Division, except § 21-331, in addition to
the regular police officers of the City. Such personnel shall wear
a uniform as prescribed by the City Manager.
Sec. 21-329.
Duty of enforcing officers or persons
reference to violations of Division.
with
Each police officer or other person charged with the duty of
enforcing this Division shall take the number of any parking meter
at which any vehicle is parked in violation of this Division, the
tag number of such vehicle and the length of time during which such
vehicle is parked in violation of any provision of this Division
and report
the
same to the police department
and make proper
complaint touching such violation. Each such officer shall attach
to the vehicle in question a notice to the owner thereof that such
vehicle has been parked in violation of a provision of the parking
meter regulations and instructing such owner when and where to
report with reference to such violation.
Sec. 21-330.
Prepayment of penalty for parking in metered spaces
in violation of Division.
(a)
When a notice is attached to a vehicle pursuant to § 21-
329, the owner of the vehicle may, within fourteen (14) calendar
days thereafter, pay to the City Treasurer, in satisfaction of the
violation for which the notice was given,
a penalty of twelve
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877
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882
883
884
885
886
887
888
889
890
891
892
893
894
895
dollars
($12.00)
for each hour or fraction thereof during which
such vehicle occupied a parking meter space illegally. Such payment
shall constitute a plea of guilty to the violation in question. If
such payment is not postmarked or received by the City Treasurer
within fourteen (14) calendar days after receipt of such notice,
the penalty for each hour or fraction thereof during which such
vehicle occupied a parking meter space illegally shall be twenty-
four dollars ($24.00).
(b)
The failure of any owner to make payment in accord with
subsection (a) above or present the citation or notice of violation
at
any office
of the City Treasurer
for
certification to the
General District Court, within thirty (30) days shall render such
owner subject to a fine of not more than fifty dollars ($50.00) in
addition to the penalty set forth in subsection (a).
Sec. 21-331.
Injuring, defacing, etc., meters.
It shall be unlawful and a Class 1 misdemeanor for any person
to deface, injure, tamper with, open or willfully break, destroy or
impair the usefulness of any parking meter installed pursuant to
this Division.
Sec.
21-332.
Division does not affect other provisions as to
traffic or parking.
Nothing in this
Division shall alter or affect any other
provision of this Code or ordinance, rule or regulation of the City
relating to traffic or parking on any street,
alley,
lane
or
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912
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917
highway wi thin the City,
other than those included wi thin the
parking meter zones established by this Division.
Sees. 21-333 - 21-349.
Reserved.
DIVISION 3.
RESIDENTIAL PARKING PERMITS
Sec. 21-350.
Objectives.
This Division is adopted in order to reduce nighttime traffic
congestion in public streets within residential neighborhoods; to
reduce
hazardous
traffic
conditions
during
nighttime
hours
in
residential neighborhoods caused by the use of such streets for
vehicular parking by persons attempting to avoid the use of nearby
city
meter-regulated
parking;
residents
of
to
protect
neighborhoods
unreasonable
noise
and
disturbance
from
such
during
nighttime
protect
such
residents
from
unreasonable
hours;
to
burdens in gaining access to their residences; and to protect and
preserve
the
good
order,
convenience
and
character
peace,
of
residential neighborhoods located in close proximity to co~ercial
areas of the City.
Sec. 21-351.
Definitions.
As used in this Division:
(a)
Motor vehicle shall have the meaning set forth in § 46.2-
100
the
Code,
and
shall
also
include
mopeds
and
of
State
motorcycles, as defined therein.
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925
926
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929
930
931
932
933
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936
937
938
939
940
941
(b)
Residence
shall
single-family
dwelling
mean
a
or
a
dwelling unit, as defined in § 111 of the City Zoning Ordinance
[Appendix A] .
(c)
Residential area shall mean an area designated on the
zoning map of the City as a residential zoning district or an area
containing
primarily
abutted
by
residences
streets
or
other
noncommercial uses, including, but not limited to, schools, parks
and churches.
Sec. 21-352.
Designation of residential permit parking areas.
The City Manager or his designee is hereby authorized to
designate as residential permit parking areas street blocks within
any residential areas,
or part thereof, which is located within
one-half mile of a city meter-regulated parking area.
Sec. 21-353.
Parking restrictions.
(a)
In any area designated as a residential permit parking
area,
it shall be unlawful for any person to park or otherwise
leave
unattended
all-terrain
vehicle,
bicycle,
any
electric
personal
assistive
mobility
device,
electric
power-assisted
bicycle,
electric-powered
wheeled
device,
gas-powered
wheeled
device, low-speed vehicle, moped or similar wheeled device on the
street.
(b)
In any area designated as a residential permit parking
area, it shall be unlawful for any person to park any motor vehicle
on the street between the hours of 8:00 p.m. and 6:00 a.m. unless
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963
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965
there is affixed to the driver's side exterior surface of the
windshield
such motor
vehicle
valid
residential
parking
of
a
permit;
provided,
that the provisions of this Section
however,
shall not apply to emergency or governmental vehicles, to delivery
or service vehicles while engaged in such delivery or service, or
to vehicles displaying a valid guest pass plainly visible from the
exterior of the vehicle.
Sec. 21-354.
Permits generally.
(a)
Following the designation of a residential permit parking
area by the City Manager or his designee, the City Treasurer shall
issue
annual
residential
parking
permits
for
the
area
so
designated. One (1) permit shall be issued, upon application and
payment
of
prescribed
if
applicable,
for
each motor
the
fee,
vehicle
owned
by
residing
within
the
a
person
on
a
street
residential
permit
parking
street
within
a
area,
or
on
a
residential
area that
is
contiguous
to the
residential permit
parking area as specified in subsection (b).
(b)
An applicant for a permit shall present his motor vehicle
registration and operator's license with the application. No permit
shall be issued in the event either the registration or operator's
license shows an address not within a designated residential permit
parking area, unless the applicant demonstrates to the satisfaction
of the City Treasurer that he is, in fact, a resident of such area,
or that he is a resident of a residential area which is contiguous
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to
designated
residential
permi t parking
and
in which
a
area
neither off-street nor nonmeter-regulated on-street parking
is
available. Any applicant who is a resident of such a contiguous
residential area shall, upon receipt of a permit issued hereunder,
be permitted to park in the designated residential permit parking
area.
Registered residential parking permit holders may obtain
annual or temporary guest passes by applying to either the city
treasurer's office or the city's parking systems management office.
Temporary guest passes shall be issued and validated for up to
seventy-two (72) hours.
(c)
Annual business parking permits shall be issued by the
city treasurer's office or the city's parking systems management
office to businesses licensed to operate in city meter-regulated
parking areas. The number of permits issued to a single business
shall be limited to the maximum number of employees required to
work after 8:00 p.m. or, in the case of a lodging facility, the
number of rooms within such lodging facility that do not have on-
site parking, whichever is greater.
(d)
Permits issued pursuant to subsection (a)
shall not be
transferable, and may be revoked in the event the City Treasurer
determines that the owner of the vehicle for which a permit has
been issued no longer resides in the residential permit parking
area. Upon written notification of such revocation, the holder of
the permit shall surrender such permit to the City Treasurer. The
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1000
1001
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1005
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willful failure to surrender such permit shall be punishable by a
fine in the amount of twenty-five dollars ($25.00).
(e) Permits issued pursuant to subsection (c) shall be
transferable, and may be revoked in the event the City Treasurer's
office determines that the number of permits exceeds the allowable
number according to the criteria set forth in subsection (c).
(f)
A replacement permit shall be issued upon proof of loss,
theft
damage
original
permit,
the
and
payment
of
of
the
or
replacement fee prescribed in § 21-359.
Sec. 21-355.
Signs.
Following the designation of a residential permit parking
area, the traffic engineer shall cause to be posted in appropriate
locations within such area signs indicating the restrictions set
forth in § 21-353.
Sec. 21-356.
Unauthorized use or display of permit.
It shall be unlawful for any person to use or display, or to
allow to be used or displayed, a permit issued under this Division
upon any vehicle other than the vehicle for which the permit was
issued.
Sec. 21-357.
Obtaining permit by false pretenses.
It
shall be unlawful
for any person falsely to represent
himself as eligible for a permit under this division or to furnish
any false information in, or in conjunction with, an application
for a residential parking permit.
42
21-358.
Penalties for
restrictions.
of
residential
parking
violation
1014 Sec.
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1038
(a)
When a notice or citation is attached to a vehicle parked
in violation of § 21-353,
the owner may wi thin fourteen
(14 )
calendar
thereafter,
the
City
in
days
pay
to
Treasurer,
satisfaction of such violation, a penalty of thirty-five dollars
($35.00). If such payment is not postmarked or received by the City
Treasurer within fourteen (14) calendar days after receipt of such
notice or citation, the penalty therefore shall be seventy dollars
($70.00). Additionally, any vehicle parked in violation of § 21-353
may be towed at the direction of a law enforcement officer.
(b)
The failure of any owner to make payment in accordance
with subsection (a) above or to present the notice or citation for
a violation of § 21-353 at an office of the City Treasurer for
certification to the General District Court within thirty (30) days
shall render such owner subject to a fine of not more than fifty
dollars ($50.00) in addition to the penalty set forth in subsection
(a) above.
(c)
A violation of §§ 21-356 or 21-357 shall be punishable by
a fine in an amount not to exceed one hundred dollars ($100.00).
Sec. 21-359.
Fees.
Fees required under this Division shall be as follows:
(a)
For an annual residential parking permit, no fee for the
first two
permi ts issued for a single residence,
and five
(2 )
dollars ($5.00) for each additional permit.
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1062
(b)
annual
business
parking
permit,
dollars
ten
For
an
($10.00) each for the first five (5) permits issued, and twenty
dollars ($20.00) for each additional permit.
(c)
For a replacement business parking permit, twenty dollars
($20.00).
(d)
For an annual or replacement guest permit, two dollars
($2.00) .
(e)
For a temporary guest permit, no fee.
Sec. 21-360.
Appointees to enforce parking regulations.
The City Manager shall be authorized to appoint city personnel
and/or personnel serving under contract with the City, in addition
to regular police officers of the city, to enforce the provisions
of this Division.
Such personnel shall,
while performing their
duties pursuant to this Division, wear a uniform prescribed by the
City Manager.
Sees. 21-361 - 21-399.
Reserved.
ARTICLE IV.
USE OF TOW TRUCK SERVICE TO ENFORCE PARKING
RESTRICTIONS ON PRIVATE PROPERTY
Sec. 21-400.
Definitions.
Unless a different meaning is required by the context, the
following terms, as used in this Division, shall have the meaning
hereinafter respectively ascribed to them:
Custodian means any person who is in possession and control of
a vehicle whether or not such person is the registered owner of the
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vehicle. A person who is in possession of the ignition key to a
vehicle, and who is also in possession of a valid driver's license,
shall be deemed to be the "custodian" of such vehicle.
Decal-controlled parking area means a parking area in which
parking is limited to vehicles on which a decal, sign, placard or
similar authorization issued by the owner, lessee or agent of the
parking area is conspicuously displayed.
Operator means any person operating a tow truck for a tow
truck service.
Tow truck service means a person engaged in any business which
provides the services of one or more tow trucks for hire or use to
tow, transport or move motor vehicles on or from public streets or
on or from private property by way of public streets.
Tow truck service storage yard means any property, including
the premises of any service station, upon which vehicles are stored
that have been towed from privately owned lots or property at the
request of the owner, lessee or agent of such lot or property and
without the consent of the owner of the vehicle towed.
Sec. 21-401.
Applicability of Division.
The
provisions
this
shall
apply only to
tow
Division
of
services which tow vehicles on or from privately owned lots or
property, at the request of the owner of such lot or property and
without the consent of the owner of the vehicle towed.
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1103
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Sec. 21-402.
Violations of Division.
(a)
It shall be unlawful for any person to violate or refuse,
fail or neglect to comply with any of the provisions of this
Division. Each day that a continuing violation of the provisions of
any Section of this Division occurs shall constitute a separate
violation.
(b)
Any person violating any provision of this Division shall
be guilty of a Class 1 misdemeanor.
Sec. 21-403.
Signs required on property.
(a)
Each owner of private property having parking facilities
accessible to the public, and offering parking to its customers,
clientele,
residents,
lessees or guests, who intends to enforce
parking restrictions by the use of a tow truck service, shall post,
at each point of ingress and egress to the parking area, clearly
legible signs, visible and unobstructed day and night upon entering
the parking area,
that contains the following wording and sets
forth the hours of enforcement:
PRIVATE PARKING
NAME OF BUSINESS
RESIDENTS/CUSTOMERS/CLIENTELE/
LESSEES/GUESTS ONLY
TOWING ENFORCED
HOURS OF ENFORCEMENT
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Unauthorized cars towed at owner's expense: $
day or
night.
Call
(telephone
number
of
truck
service)
for
tow
location and information concerning return of car if towed.
With respect to retail establishments, this sign shall also
contain the wording "WHILE ON THE PREMISES"
following the
wording
ONLY."
Finally,
this
sign
or
an
"CUSTOMERS
accompanying sign shall indicate whether the parking area is
decal-controlled and shall contain the name and telephone
number of any contracted towing service.
(b)
The signs required by this Section shall be at least
thirty-six (36) inches in width and thirty (30) inches in height.
Lettering for the capitalized words shall be at least three
(3)
inches in height and, for all other lines, at least one and one-
half
( 1
1/2)
The face of the sign shall be
inches in height.
composed of an engineering grade reflectorized sheeting or like
material. The name of the business may be on a separate sign, but
must be adjacent to the primary sign containing the information
required by this Section. The provisions of subsection (a) above
shall be applicable to any parking area located on private property
including
parking
houses,
condominiums
and
of
apartment
areas
nonprofit organizations.
(c)
In addition to the provisions of subsections (a) and (b)
above, if towing is enforced twenty-four (24) hours a day, the sign
or signs required by this section shall include the wording "TOWING
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ENFORCED TWENTY-FOUR (OR 24) HOURS A DAY" in letters at least three
(3)
inches in height.
In the alternative,
an accompanying sign
containing this wording in letters of the same height may be placed
adjacent to each sign required by subsection (a) above.
(d)
Vehicles may be towed from designated fire lanes approved
by the fire department on private parking areas open to the public
on which are posted signs as required by subsection
(a)
above,
provided that such fire lanes are properly marked, including the
posting of above grade signs stating FIRE LANE-TOWING ENFORCED.
(e)
shall
unlawful
truck
service
or
for
tow
be
It
any
operator to tow or otherwise move a vehicle from any privately
owned
land
property within
City,
such
land
or
unless
the
or
property is properly signed in accordance with this Section.
Sec. 21-404.
Business license requirements;
tow trucks.
identification of
(a)
No tow truck service or operator shall remove any vehicle
from public
or private
the
truck
service
property unless
tow
possesses
valid
license
issued
in
with
accordance
a
business
Chapter 18 of this Code.
(b)
All tow trucks operated by a tow truck service shall
display the name, address and telephone number of the owner thereof
on both sides of the tow truck on permanently mounted signs or
painted directly on the body of the truck in reflectorized letters
large enough to be readily legible, but in no case less than two
(2) inches in height. It shall be unlawful to operate a tow truck
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displaying an incorrect name or address,
or a telephone number
which is incorrect or not in service.
Sec. 21-405.
Release of vehicle to owner or custodian prior to
towing.
(a)
If the owner or custodian of any vehicle not authorized
to be parked in a private parking area returns after a tow truck
service has arrived but before the vehicle has been towed from the
private parking area, he may reclaim the vehicle whether or not it
is fully hooked up to the tow truck, and it shall be unlawful for
the tow truck service or operator to refuse to release the vehicle.
However, if the vehicle has been hooked up, or is in the process of
being hooked up, the tow truck operator may charge a drop fee not
to exceed twenty-five dollars ($25.00) before releasing the vehicle
or discontinuing the towing process.
The process of hooking up
shall be defined as (i) the removal and/or unreeling of any towing
equipment
from the tow truck after the truck is positioned to
effect the tow, whether or not the equipment has been attached to
the vehicle, or (ii) the lowering of a hydraulically-operated lift
in preparation for loading the vehicle.
(b)
If the owner or custodian is unable or refuses to pay the
fee set forth in subsection (a) above, the vehicle may be towed and
the
truck
service may charge
its
basic
for
tow.
the
fee
tow
Whenever a vehicle is towed under these circumstances,
the tow
truck
shall
permit
custodian
remove
to
the
operator
owner
or
personal items from the vehicle prior to the tow.
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(c)
No tow truck operator shall request payment of the fee
set forth in subsection (a) above or tow any vehicle thereafter if
the charge is not paid unless he shall first provide to the owner
or custodian of the vehicle a copy of this section. The tow truck
operator, upon receiving such payment, shall provide to the owner
or custodian a legible receipt containing the name of the towing
service, the date, time and place of vehicle release, and the name
of the tow truck operator. A copy of the receipt shall be retained
by the tow truck service for a period of one (1) year and shall be
made available for inspection by City police or the Commissioner of
the Revenue during the normal business hours of the tow truck
service.
(d)
Notwi thstanding any provision of this
Section to the
contrary, if a police officer determines that a vehicle is needed
as evidence in a criminal matter,
or concludes that, based upon
surrounding circumstances,
the failure to release a vehicle is
likely to result in a disturbance of the public peace and good
order,
officer may order
vehicle
without
release
of
the
such
immediate payment by the owner or custodian thereof of the fee set
forth in subsection
provided,
that nothing
(a)
above;
however,
herein shall preclude a tow truck service or operator from civilly
pursuing payment of such fee at a later date from the owner or
custodian of the vehicle, or from the owner, lessee or agent of the
parking area.
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Sec. 21-406.
Police to be notified of removal of vehicle.
(a)
At the time of removal of any vehicle by a tow truck
service operator, or no later than thirty (30) minutes thereafter,
the police dispatcher shall be notified of such removal, specifying
the location of the storage yard to which the vehicle will be towed
and the telephone number which the owner should call to reclaim the
vehicle. The police dispatcher shall be given the license number
and state of issuance of the license and,
if known, the vehicle
identification number and the make, model, and year of the vehicle
towed or to be towed.
(b)
If notified by the dispatcher or any law enforcement
officer that the vehicle is subject to seizure by law enforcement
authorities for evidentiary purposes,
the tow truck operator or
towing
service
forthwi th relinquish the vehicle
shall
to
such
authorities and shall not be entitled to recover any costs or fees.
Sec. 21-407.
Charges for towing and storage of vehicle; receipt
required.
(a)
No tow truck service or operator operating within the
City shall, at any time, charge a basic towing fee greater than the
fees set forth below:
Gross weight of vehicle Maximum fee
11,000 pounds or less $ 85.00
11,001 pounds or more 285.00
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The basic fee shall be inclusive of any additional towing
services such as the use of a dolly. This subsection shall apply
only when a vehicle is moved or towed without the prior consent and
agreement of the owner or custodian of the vehicle.
(b)
No tow truck service or operator shall assess any charges
for storage for the initial twenty-four (24) hours, nor charge more
than
dollars
($20.00)
twenty-four-hour
period
twenty
per
thereafter, for any vehicle with a gross weight of 11,000 pounds or
less removed from private property without the consent of the owner
or custodian of the vehicle, whether such tow originates in this
City or any other jurisdiction. For vehicles with a gross weight of
more than 11,000 pounds, a storage fee not to exceed twenty dollars
($20.00)
per twenty-four-hour period may be assessed after the
first
caused
yard
by
(24)
hours.
Delays
twenty-four
storage
personnel shall not be included when computing storage charges.
(c)
If any vehicle is not redeemed within seven
days
(7 )
after it is towed,
the tow truck service shall be entitled to
recover an additional fee, not to exceed fifty dollars ($50.00), as
payment
for the cost of any search conducted to determine the
registered owner and lien holder, if any, of the vehicle.
(d)
No tow truck service or operator shall charge any fee for
mileage, or any other fee in addition to the basic towing fee set
forth in subsection (a) above.
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(e)
A monetary receipt for each and every fee collected must
be given to those persons whose vehicles have been towed by a tow
truck service,
or released after hook up,
upon release of the
vehicle. The information on the receipt must be clearly legible and
include the time, date and place of the tow, the name of the tow
truck operator who made the tow,
and the name of the tow truck
service for which said operator works. The receipt must also list
the amount
of money paid for the release of the vehicle,
any
additional charges incurred in the tow, and the reason for said
additional charges. The following shall be printed conspicuously on
every
receipt:
Virginia
City
21-407(f)
Code
§
"NOTICE:
Beach
requires the tow company to offer you a Survey and Comment Form
with this receipt." A copy of the receipt must be retained by the
tow truck service for a period of one (1) year and shall be made
available for inspection by city police or the Commissioner of the
Revenue during normal business hours of the tow truck service
owner.
(f)
form,
developed by
Towing
the
and
A
comment
survey
Advisory Board, shall be offered to those persons whose vehicles
have been towed by a tow truck service, or released after hookup,
upon release of the vehicle.
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Sec. 21-408.
Requirements for storage yard.
(a)
At the storage yard of each tow truck service,
there
shall be a sign prominently displayed specifying tow and storage
rates.
(b)
If an attendant is not on duty twenty-four (24) hours a
day, seven (7) days a week, to return vehicles upon the payment of
towing and storage charges, the sign provided for in subsection (a)
hereof
shall also contain a telephone number where the owner,
manager or attendant of the tow truck service storage yard may be
reached at any time so that a towed vehicle may be reclaimed by its
owner in a minimum amount of time, not to exceed two (2) hours.
(c)
Each
truck
service
yard
shall
provide
tow
storage
reasonable security and protection for all vehicles towed, whether
such
originates
in
City
other
jurisdiction,
this
tow
or
any
including
illumination
during
of
the
area
hours
of
storage
darkness, and including a fence enclosing the storage yard if an
attendant or security guard is not on duty twenty-four (24) hours a
day, seven (7) days a week.
( d)
During the hours of darkness, the operator shall provide
an area sufficiently illuminated to enable an owner to inspect a
vehicle prior to removing it from the storage yard.
(e)
It shall be unlawful to operate any tow truck service
storage yard or to deposit,
impound or store any towed vehicle
therein,
unless said yard is in full compliance with the sign,
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1315
1316
security and lighting requirements of this Section and with all
applicable
zoning
regulations,
licensing
requirements
and
permits, established by this Code.
Sec. 21-409.
Tow truck service operator's log.
use
Tow trucks service operators shall, within thirty (30) minutes
of vehicle hook up, complete a record of the make, model, year and
vehicle
identification
if
of
the
vehicle,
its
number,
known,
license number and state of issuance, the time, date and place of
removal, the name of the tow truck operator who made the tow and,
for each entry of tow, the signature of the owner of the private
lot,
or his representative,
requesting and authorizing the tow
shall be required. A letter of authorization from the owner of the
private lot or his representative, when carried in the tow truck
making
shall
sufficient
this
be
to
meet
the
tow,
latter
requirement. Such record shall be retained by the tow truck service
for
less
than
(1 )
and
shall
be
available
not
one
year,
for
inspection by City police during normal business hours of the tow
truck service owner,
including any time that a vehicle is being
impounded or reclaimed. Failure to keep and retain such a record,
or omitting to make a true and complete entry for each vehicle
towed, or failure to surrender such record to any police officer
upon request shall be unlawful.
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Sec. 21-410.
Miscellaneous prohibited acts by tow truck service
or operator.
Except when acting as an agent in the legal repossession of a
vehicle, it shall be unlawful for any tow truck service or operator
to:
(1)
Tow or otherwise move a vehicle from any area or portion
of a public street without either the consent of the
owner or custodian of the vehicle or authorization from a
police officer or other designated official of the City.
(2)
Block the movement of or tow or otherwise move a vehicle
from any private road, driveway or any other privately
owned
land
property wi thin
City
without
the
or
the
consent of the owner or custodian thereof, unless:
(i)
The vehicle is parked in a designated parking space
of
decal-controlled
parking
and
is
not
a
area
displaying a decal or other form of authorization
issued
the
lessee
of
such
by
owner,
or
agent
parking area;
(ii) The vehicle is parked in a designated parking space
of a non-decal-controlled parking area during any
period
the
business(es)
serviced
the
by
when
parking is
(are) open, and the tow truck operator
obtains the written consent of the owner, lessee or
agent
of
such parking area prior to towing the
vehicle; or
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(iii) The vehicle
is parked in a non-decal-controlled
parking
during
period
the
area
any
when
business (es) serviced by the parking area is (are)
closed,
and towing is enforced twenty four
(24 )
hours a day by such business(es); or
(iv) The vehicle is parked on any portion of a parking
area in such manner as to block ingress or egress
to
the
parking
block
access
to
to
a
area,
or
dumpster or properly marked service or delivery
area,
or is otherwise parked in a portion of the
parking area that is not specifically designated,
by lines, curbs or similar markings, as an area for
the parking of vehicles.
No vehicle shall be towed pursuant to subsections
(i)
(ii) ,
(iii), or (iv) unless there is a written contract
between the tow truck service and the owner, lessee or
agent of the parking area to remove all unauthorized
vehicles from the parking area, the tow truck operator
has a copy of such contract in his or her possession, and
the owner, lessee or agent has complied with all of the
signage requirements set forth in § 21-403.
(3)
Tow or otherwise move a vehicle from any private road or
or
1364
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driveway,
from any other privately owned land or
property wi thin the City to a place out of the City
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wi thout the consent of the owner or custodian of the
vehicle; provided that, after a period of not less than
twenty-four (24) hours following the initial towing of a
vehicle, as recorded in the police dispatcher's log, any
such vehicle may be moved to a storage area located
outside
of the City,
with prior notification to
approval of the police department. Notwithstanding the
above, if a tow truck service or operator owns or leases
a storage area located outside of the City,
and such
storage area is closer to the location from which a
vehicle is towed than the closest in-city storage area
owned or leased by the tow truck service or operator,
such vehicle may be initially towed to the storage area
and
located outside of the City,
provided the
tow truck
service or operator is authorized to do business in both
cities,
fee
greater
than
that
charges
a
not
fee
authorized in Virginia Beach and invoices the tow in
Virginia Beach.
(4 )
Block any vehicle, other than when on the property of the
tow truck service, to prevent the movement thereof by its
owner or custodian who has appeared prior to the vehicle
being hooked up and desires to move the vehicle.
(5)
Wai t for employment by standing or parking on public
property.
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(7 )
not
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( 8 )
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Drive a tow truck or wrecker along any street to solicit
towing.
Tow or otherwise move a vehicle from any place in the
city utilizing
a wrecker
tow truck which
or
insured as required by § 18-55.1 of this Code.
Provide
information
police
dispatcher
to
false
any
concerning any vehicle towed.
( 9)
Require the owner of any towed vehicle to wait for a
period exceeding two (2) hours for release of a vehicle.
Any delay over two (2) hours caused by failure to monitor
or respond to calls placed to the operator's designated
telephone number shall constitute a violation of this
Section.
(10) Move any vehicle to any intermediate place of storage, or
to any location other than to the
registered secure
is
storage yard of a tow truck service, unless specifically
requested by the owner or custodian of said vehicle.
(11) During
initial
twenty-four
(24 )
after
hours
the
vehicle
towed
by
any
owner
and
request
is
upon
custodian
currently
licensed
vehicle,
deny
of
a
prevent
to
said
vehicle
for
purpose
whether or not the owner or
the
access
removing personal items,
the
or
or
of
custodian is then able to reclaim the vehicle. After the
initial twenty-four (24) hours has expired and upon the
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request by any owner or custodian of a currently licensed
vehicle, no tow truck service or operator shall refuse to
allow such owner or custodian access to such vehicle once
per day between the hours of 8:00 a.m. and 5:00 p.m.
(12) Assess any charge or fee in excess of, or in addition to,
the charges and fees authorized by this Division.
(13) Fail to provide a monetary receipt, for each and every
fee collected, containing the notice provision outlined
in § 21-407(e).
(14) Fail to make the survey and comment form developed by the
Towing Advisory Board available
when
the
vehicle
is
retrieved.
Sees. 21-411 - 21-499.
Reserved.
ARTICLE V.
VEHICLE SIZE, WEIGHT AND LOAD.
Sec. 21-500.
Temporary reduction of weight limit.
(a)
The City Manager may make, promulgate and enforce rules
and regulations decreasing the weight limits prescribed in sections
46.2-1122 through 46.2-1127 of the Code of Virginia, for a total
period not to exceed ninety (90) days in any calendar year, when an
engineering
discloses
operation
vehicles
over
of
that
study
highways or streets under the jurisdiction of the City, by reason
of deterioration or rain, snow or other climatic conditions, will
seriously damage such highways or streets unless such weights are
reduced.
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(b)
In all instances where the limits for weight have been
reduced by the City Manager pursuant to this Section, signs stating
the weight permitted on such highway or street shall be erected at
each end of the section of highway or street affected and no such
reduced limits
shall be effective until
such signs have been
posted.
(c)
It shall be unlawful for any person to operate a vehicle
or combination of vehicles over or upon any highway,
street or
section thereof when the weight exceeds the maximum posted by
authority of the City manager pursuant to this Section.
(d)
Any person convicted of a violation of any provision of
this Section shall be punished by a fine of not less than ten
dollars ($10.00) nor more than five hundred dollars ($500.00), or
be confined in jail for not less than one day nor more than six (6)
months,
both,
and
the
vehicle
combination
vehicles
or
or
of
involved in such violation may be held upon an order of the court
until all fines and costs have been satisfied.
Sec. 21-501.
Special pe~its for oversize and overweight vehicles
general.l.y.
(a)
The City Manager may, in his discretion, upon application
in writing and good cause being shown therefore, issue a special
permit in writing authorizing the applicant to operate or move a
vehicle upon the highways of the City of a size or weight exceeding
the
maximum
specified
this
Article.
otherwise
Except
in
as
specifically provided, every such permit may designate the route to
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be traversed and contain any other requirements or conditions
deemed necessary by the City Manager. For permits other than those
specified in subsections (b),
(c) and (d), the following processing
fees shall be charged:
(1)
Annual (blanket) permit. . . $300.00
(2 )
Restricted equipment. . . 75.00
(3)
Single trip permit. . . 75.00
(b)
Special permits to operate or move a vehicle upon the
highways of the City of a weight exceeding the maximum specified in
this Article shall be granted without cost where the vehicle is
hauling or carrying containerized cargo in a sealed,
seagoing
container bound to or from a Virginia seaport and has been or will
be transported by marine shipment, provided the single axle weight
does not exceed twenty thousand (20,000) pounds, the tandem axle
weight does not exceed thirty-four thousand (34,000) pounds and the
gross weight does not exceed eighty thousand (80,000) pounds, and
provided the contents of such seagoing container are not changed
from the time it is loaded by the consignor or his agents to the
time it is delivered to the consignee or his agents. Cargo moving
in vehicles conforming to specifications shown in this subsection
but exceeding axle and gross weight limitations shown in this
subsection shall be considered irreducible and eligible for permits
under
regulations
of
the
Highway
and
Transportation
State
Commission. The requirement of this paragraph that the container be
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bound to or from a Virginia seaport need not be met if the cargo in
the container (i)
is destined for a seaport outside Virginia and
(ii)
in
part
of
that
consists
of
farm products
wholly
grown
Virginia separated from the larger part of the Commonwealth by the
Chesapeake Bay.
(c)
The City Manager upon application in writing made by the
owner or operator of three-axle vehicles used exclusively for the
mixing
in
project
or
for
site
transit
of
at
concrete
or
a
transporting necessary components in a compartmentalized vehicle to
produce concrete immediately upon arrival at the project site, and
having a gross weight not exceeding sixty thousand (60,000) pounds,
a single axle weight not exceeding twenty thousand (20,000) pounds,
and a tandem axle weight not exceeding forty thousand
(40,000)
pounds,
shall issue to such owner or operator,
wi thout cost,
a
permit in writing authorizing the operation of such vehicles upon
the
City.
issued
permit
shall
be
highways
of
the
No
such
authorizing
in
this
operation
vehicles
enumerated
the
of
the
subsection for a distance of more than twenty-five (25) miles from
a bat ching plant; however, the said permit shall not designate the
route to be traversed nor contain restrictions or conditions not
applicable to other vehicles in their general use of the highways.
(d)
The City Manager, upon application in writing made by the
owner or operator of three-axle passenger buses, consisting of two
(2)
sections
joined together by an articulated j oint with the
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trailer being equipped with a mechanically steered rear axle, and
having a gross weight not exceeding sixty thousand (60,000) pounds,
a single axle weight not exceeding twenty-five thousand (25,000)
pounds and a width not to exceed one hundred two
(102)
inches,
shall issue to such owner or operator, without cost, a permit in
writing
authorizing
operation
vehicles
upon
the
the
of
such
highways.
(e)
No permit
issued under this Section providing for a
single axle weight in excess of twenty thousand (20,000) pounds or
for a tandem axle weight in excess of thirty-four thousand (34,000)
pounds shall be issued to include travel on the federal interstate
system of highways.
(f)
Each vehicle, when loaded according to the provisions of
a permit issued under this Section, shall be operated at a reduced
speed. The reduced speed limit shall be ten (10) miles per hour
slower than the legal limit in fifty-five (55), forty-five (45) and
thirty-five (35) miles per hour speed limit zones.
(g)
Every permit issued under this Section shall be carried
in the vehicle to which it refers and shall be open to inspection
by any officer and it shall be a misdemeanor for any person to
violate any of the terms or conditions of such special permit.
Sec. 21-502.
Penalty for violation of weight limits.
Any person violating any weight limits as provided in this
Chapter
permit
issued
either
by
the
Department
of
or
any
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Transportation or by the City pursuant to this Article shall be
subject to a civil penalty of twenty-five dollars ($25.00) and a
processing
($20.00)
in addition to
fee
of twenty dollars
any
liquidated damages and weighing fees imposed by this Article. Upon
collection by the Department or by the court, the civil penalty
shall be forwarded to the City Treasurer, to be allocated to the
fund appropriated for the construction and maintenance of City
highways;
and the processing
be paid to
fee
shall
the
state
treasury to be used to meet the expenses of the Department of Motor
Vehicles.
The penal ties,
damages and fees specified in this Article
shall be in addition to any other liability which may be legally
fixed against the owner, operator or other person charged with the
weight violation for damage to a highway or bridge attributable to
such weight violation.
Sec. 21-503.
Reduction of noise from loads.
No vehicle shall be loaded with materials likely to create
loud noises by striking together, without using every reasonable
effort to deaden the noise.
Sees. 21-504 - 21-599.
Reserved.
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CHAPTER 23
OFFENSES - MISCELLANEOUS
Sec. 23-7.4. Duty to obey traffic signs and signals and orders of
police officers.
Pedestrians shall obey signs and signals erected on highways
or streets for the direction and control of travel and traffic and
they shall obey the orders of police officers engaged in directing
travel and traffic on the highways and streets. Violations of this
section shall be punished by a fine not exceeding two hundred
dollars ($200.00) for each offense.
CHAPTER 33
STREETS AND SIDEWALKS
Sec. 33-9.1.
Pe~its for parades and processions.
No procession or parade, excepting the forces of the United
States Army or Navy, the military forces of the state, the forces
of
the
police
fire
and
city
departments
of
the
and
funeral
processions,
shall occupy, march or proceed along any street or
highway in the City, except in accordance with a permit issued by
the city manager and such other regulations as are set forth in
Chapter 21 which may apply.
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CHAPTER 35
TAXATION
ARTICLE XV.
LOCAL VEHICLE LICENSE.
Sec. 35-275.
Local vehicle license term; definition.
(a)
After the transition period described in this Article,
the
license
motor
vehicles,
trailers
and
for
the
for
term
semitrailers required by this Article shall be one (1) year, which
shall correspond to the identical period for the state vehicle
registration for that vehicle, trailer or semitrailer. Every local
vehicle license term shall begin at the time when the vehicle,
trailer or semitrailer is registered by the State Department of
Motor Vehicles,
expire
time
and
shall
the
the
at
state
same
registration expires, which is the last day of the twelfth month
next succeeding the date of registration, as provided by Code of
Virginia § 46.2-646. Every local vehicle license, unless otherwise
provided, shall be renewed annually on application by the owner and
by payment of the fees required by law, with the renewal to take
effect
first day of the month
succeeding the date of
on the
expiration.
If the State Department of Motor Vehicles offers a
quarterly or multi-year registration option and if the vehicle
owner chooses this option,
then the local vehicle license term
shall match the term chosen by the owner for the state vehicle
registration, with the annual fee prorated as necessary.
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(b)
As used in this Article,
"local vehicle license" shall
mean the license authorized by Code of Virginia § 46.2-752 to be
required for motor vehicles, trailers and semitrailers.
(c)
Notwithstanding the provisions of subsection (a), if the
State Department of Motor Vehicles offers a permanent registration
option and if the vehicle owner chooses this option, then the term
of the local vehicle license for this vehicle shall correspond to
the period for which the state registration is valid, subject to
payment of the fee established in § 35-280 of this Article.
No
further fee shall be required as long as the title for the vehicle
remains vested in the owner. Furthermore, no fee shall be charged
for any vehicle permanently licensed by the state prior to January
1, 2003.
Sec. 35-276.
Applicability of Article.
The requirements of this Article shall be applicable to any
motor vehicle, trailer or semitrailer normally garaged, stored or
parked in this City. If it cannot be determined where any vehicle
is normally garaged,
stored or parked,
or if the owner of any
vehicle is a student attending an institution of higher education,
then the requirements of this Article shall be applicable if the
owner of such vehicle is domiciled in this City.
Sec. 35-277.
General procedure.
(a)
Pursuant to a contractual arrangement with the City, the
State Department of Motor Vehicles shall collect the local vehicle
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license fees required by this article, or portions thereof, for the
City, as authorized by Code of Virginia, § 46.2-756. Local vehicle
license fees shall be collected at the same time state vehicle
registration fees are remitted.
(b)
No vehicle shall be subject to a local vehicle license
tax or fee in more than one
(1)
jurisdiction for the same time
period.
(c)
The following shall govern situations in which a vehicle
acquires situs in the City after a local vehicle license has been
issued
by
jurisdiction
participate
the
in
that
does
not
a
department of motor vehicles' local vehicle registration program:
( 1)
registration
expires
before
the
local
If
the
state
vehicle license,
then a prorated portion of the local
license fee,
giving credit for the months paid in the
other non-participating jurisdiction, shall be due when
the state registration is renewed; and
(2 )
If the state registration expires after the local vehicle
license, no local vehicle license fee shall be charged
for the time period between the expiration of the local
vehicle license issued by the non-participating locality
and the expiration of the state registration.
(d)
Proration
not
be
vehicle
license
shall
of
the
fee
required when a vehicle acquires situs in the City after a local
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vehicle license for this vehicle has been purchased through the
Department of Motor Vehicles' local vehicle registration program.
Sec. 35-278.
Exemptions.
(a)
No person shall be required to pay the local vehicle
license fee prescribed by this Article on any vehicle for which a
registration certificate and license is not required by Code of
Virginia, Title 46.2, on any vehicle specifically exempt under the
provisions of Code of Virginia, § 46.2-755, or on any vehicle owned
solely by a person in active military service, who is in the City
solely by reason of military orders and who has a legal residence
in a state other than Virginia.
(b)
Upon presentation to the Commissioner of the Revenue of
proof
the
vehicle
under
this
Section,
the
is
exempted
that
commissioner of the revenue shall notify the State Department of
motor vehicles that no fee is required for such vehicle; provided,
however,
that military personnel
from this
section who
exempt
register a vehicle in Virginia for the first time must initially
report this status to the Department of Motor Vehicles. The form of
this proof shall be a military leave and earnings statement current
within ninety (90) days.
(c)
In the event that the status of the owner of the vehicle
changes so as to no longer qualify the vehicle for the exemption
provided herein,
the owner shall notify the Commissioner of the
Revenue within ten (10) days of the date of such change in status,
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and shall comply with all other provisions of this Article. The
Commissioner of the Revenue shall notify the State Department of
Motor Vehicles of each such change in status.
Sec. 35-279.
Application.
The local vehicle license application shall be combined with
the state vehicle registration application in a form satisfactory
to the City Manager and the State Department of Motor Vehicles.
Each
local
vehicle
license
shall
paid
to
the
State
be
fee
Department of Motor Vehicles at the same time as the state vehicle
registration fee is collected, as authorized by Code of Virginia, §
46.2-756.
Sec. 35-280.
License requirement; imposition of fee.
(a)
There is hereby imposed a requirement for a local vehicle
license,
for the terms as established by this Article,
on motor
vehicles, trailers and semitrailers, regularly kept in the City and
used upon public roadways of the City. The amount of the fee for
this license shall be as set forth in the following subsections of
this Section, and shall be due annually at the same time the state
registration
is
specifically
provided
for
obtained,
unless
otherwise.
valid
registration,
issued by
State
the
A
vehicle
Department of Motor Vehicles after April 21, 2003, shall, as
necessary, document compliance with the local vehicle license
requirements imposed by this ordinance and serve as a license.
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(b)
The license fee on a motor vehicle, designed and used for
of
which
is
self-propelled
or
the
transportation
except
as
designed
passengers,
for
self-propulsion,
shall
be,
otherwise
specifically provided in this Section, imposed in accordance with
the following schedule:
( 1)
Motor vehicles weighing four thousand (4,000)
(2 )
pounds or less, and pickup trucks with a gross
weight of four thousand (4,000) pounds or less
. . . . . . . . . . . . . . . . . . . . . . .
$25.00
Motor
vehicles
weighing
than
four
more
thousand
(4,000)
pounds,
and pickup
trucks
with a gross weight from four thousand and one
(4,001) pounds to seven thousand five hundred
(7,500)pounds................
$30.00
(3 )
Motorcycle..................
$23.00
(4 )
Antique motor vehicles
licensed permanently
pursuant
to
Code
of
Virginia,
46.2-730
§
(motorcycles or cars). . . . . . . . . . . . .
$13.50
(5)
Any motor vehicle, trailer or semitrailer upon
which well-drilling machinery is attached
and which is permanently used solely for
transporting
such
machinery
and
any
specialized mobile equipment as defined by
Code of Virginia, § 46.2-700 . . . . . . .
$15.00
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(c)
(1) Unless
otherwise
specified
in
this
Article,
the
license fees for trailers and semitrailers not designed
and used for the transportation of passengers on the
highways in the commonwealth shall be as follows:
Registered Gross Annual Fee Permanent Fee
Weight
0-1,500 lbs. $ 7.50 $ 52.00
1,501-4,000 $18.00 $ 52.00
4,001 lbs and above $25.50 $ 52.00
(2)
The license fee for each trailer or semitrailer designed
for use as living quarters for human beings shall be
twenty-five dollars ($25.00).
(3)
The license fee for all trailers designed exclusively to
transport boats or horses shall be seven dollars and
fifty cents ($7.50).
(d)
There is hereby imposed a license fee, to be paid by the
owner,
upon each motor vehicle not designed and used for the
transportation of passengers, whether operated under lease or not.
The amount of the license fee shall be determined by the gross
weight of the vehicle or combination of vehicles of which it is a
part,
when
loaded
the
maximum
capacity
which
it
is
for
to
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1733 schedule:
1734 Pounds
and licensed by the state, according to the following
Fee
1735 4,000 or less .
1736 4,001--16,000 .
1737 16,001--17,000
1738 17,001--18,000 . . .
1739 18,001--19,000 . . .
1740 19,001--20,000 . . .
1741 20,001--21,000 . . .
1742 21,001--22,000
1743 22,001--23,000 . . .
1744 23,001--24,000
1745 24,001--25,000 . . .
1746 25,001--26,000
1747 26,001--27,000 . . .
1748 27,001--28,000
1749 28,001--29,000 . . .
1750 29,001--30,000
1751 30,001--31,000 . . .
1752 31,001--32,000
1753 32,001--33,000 . . .
1754 33,001--34,000 . . .
1755 34,001--35,000 . . .
$24.00
29.00
30.80
32.10
33.40
34.70
36.00
37.30
38.60
39.90
41. 20
42.50
43.80
45.10
46.40
47.70
49.00
50.30
51. 60
52.90
54.20
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1756 35,001--36,000 . . . 55.50
1757 36,001--37,000 . . . 56.80
1758 37,001--38,000 . . 58.10
1759 38,001--39,000 . . . 59.40
1760 39,001--40,000 . . . 60.70
1761 40,001--41,000 . . . 62.00
1762 41,001--42,000 . . 63.30
1763 42,001--43,000 . . . 64.60
1764 43,001--44,000 . 65.90
1765 44,001--45,000 . . 67.20
1766 45,001--46,000 . . 68.50
1767 46,001--47,000 . . . 69.80
1768 47,001--48,000 . 71.10
1769 48,001--49,000 . . . 72.40
1770 49,001--50,000 . . . 73.70
1771 50,001--51,000 . . . 75.00
1772 51,001--52,000 . . 76.30
1773 52,001--53,000 . . . 77.60
1774 53,001--54,000 . . . 78.90
1775 54,001--55,000 . 80.20
1776 55,001--56,000 . . . 81.50
1777 56,001--56,800 . . . 82.80
1778 56,801 & over . . . 85.00
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1802
(e)
In the case of a combination of a truck or tractor truck
and a trailer or semitrailer, each vehicle constituting a part of
such combination shall be registered as a separate vehicle, and a
separate local vehicle license fee shall be imposed thereon, but,
for the purpose of determining the gross weight group into which
any such vehicle falls pursuant to subsection (d) of this Section,
the combination of vehicles of which such vehicle constitutes a
part shall be considered a unit, and the aggregate gross weight of
the entire combination shall determine such gross weight group. In
determining the fee to be paid for the local license for a truck or
tractor truck constituting a part of such combination,
the fee
shall be assessed on the total gross weight of the combination when
loaded to the maximum capacity for which it is registered and
licensed. However, there shall be no deduction from this fee for
the local vehicle license fee of the trailer or semitrailer in the
combination.
Sec. 35-281.
Transition period, billing and schedule.
(a)
A transition
as
wi th prorated
license
fees,
period,
authorized by Code of Virginia, § 46.2-752, will be necessary to
adjust to a system in which the term of each local vehicle license
conforms to state registration renewal periods.
The transition
period shall cover the time from January 1, 2003, through June 30,
2005;
administered
the
transition
billing
by
the
shall
be
Department of Motor Vehicles during 2003.
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(b)
The transition billing shall modify the local vehicle
license term from the twelve-month period to correspond to the date
that the state registration period for that vehicle expires. During
this period, the local vehicle license fee amount shall equal one-
twelfth of the annual fee required for that vehicle,
trailer or
semitrailer, multiplied by the number of months from January 1,
2003 until the state registration for the vehicle must be renewed;
this
determination
the
day
preceding
shall
made
be
on
implementation of local vehicle licensing through the department of
motor vehicles.
Sec. 35-282.
Proration of fee.
If proration is necessary in any case, a license fee equal to
one-twelfth of all
fees required for that vehicle,
trailer or
semitrailer, multiplied by the number of months for which a local
registration fee is owed within the state registration period,
shall be collected. The fee shall be computed to the nearest cent.
Sec. 35-283.
Payment of personal property taxes and local vehicle
license fees prerequisite to state licensing; duties
of City Treasurer.
(a)
Code
Virginia,
§
46.2-752 (J),
Pursuant
to
of
Commissioner of the State Department of Motor Vehicles shall not
issue or renew any state vehicle registration of any applicant
therefor who
the
vehicle
fees
license
owes
Ci ty any local
delinquent personal property tax.
Before being issued any state
vehicle registration or renewal of such license or registration by
77
the
the
or
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the Commissioner of the State Department of Motor Vehicles,
the
applicant must first pay all such local vehicle license fees and
delinquent
personal
and
satisfactory
property
taxes
present
evidence that all such local vehicle license fees and delinquent
personal property taxes have been paid in full.
(b)
The Treasurer shall have the duty of transmitting all
necessary information about unpaid delinquent personal property
taxes to the State Department of Motor Vehicles required to ensure
that no license is issued to any person with delinquent personal
property taxes. If a license is denied by the Department of Motor
Vehicles due to unpaid personal property taxes, the Treasurer shall
update records of the Department of Motor Vehicles after such taxes
have been paid or exonerated by the Commissioner of the Revenue.
Sec. 35-284.
Vehicle license at no charge for members of
volunteer fire companies or rescue squads,
auxiliary police officers, volunteer police
chaplains, auxiliary deputy sheriffs, disabled
veterans and survi ving spouses of disabled
veterans.
For members of the various volunteer fire companies and rescue
squads in the City,
auxiliary police officers serving the City,
volunteer police chaplains of the City, auxiliary deputy sheriffs
serving
disabled
Code
of
exempted
by
City,
the
veterans
as
Virginia, § 46.2-756(B) there shall be no charge for local vehicle
licenses, in accord with the following provisions:
(1 )
No license fee shall be charged for one (1) vehicle owned
by each active member of the various volunteer fire companies and
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rescue squads, each active auxiliary police officer, each active
volunteer
police
chaplain,
each
active
auxiliary
deputy
and
sheriff, and each such volunteer who, although presently inactive,
has completed ten (10) or more years of active service in the City.
Such persons shall submit a letter to the Commissioner of the
Revenue from the Chief of his fire company or rescue squad or, in
the
of
auxiliary
police
officers
volunteer
police
and
case
chaplains, from the Chief of Police, or in the case of auxiliary
deputy sheriffs,
from the Sheriff,
stating that he is an active
member of the company or squad or is an active auxiliary police
officer, volunteer police chaplain or auxiliary deputy sheriff, or
that,
if inactive,
he has completed ten
(10 )
or more years of
active service. The preceding exemption from the license fee shall
apply to active members of volunteer fire companies and rescue
squads, and each active auxiliary police officer, volunteer police
chaplain and auxiliary deputy sheriff, regardless of whether the
volunteer owns or leases the vehicle for which the exemption is
requested.
(2 )
Each such volunteer fire company or rescue squad member,
auxiliary police officer, volunteer police chaplain and auxiliary
deputy sheriff shall,
at the time the license fee is exempted,
agree to notify the Commissioner of the Revenue, if and when such
volunteer becomes inactive prior to completing ten
(10)
or more
years of active service.
79
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(3)
The Chief of each volunteer
fire
company and rescue
squad, the Chief of Police, and the Sheriff shall submit to the
Commissioner
the
and
length
active
of
of
the
Revenue
names
volunteer service of members, auxiliary police officers and police
chaplains and auxiliary deputy sheriffs who become inactive.
( 4 )
No local vehicle license fee shall be charged for one (1)
motor vehicle owned and personally used by any disabled veteran and
each surviving spouse of a disabled veteran exempted from paying an
annual registration fee by Code of Virginia, § 46.2-739(B).
Sec. 35-285.
Disposition of taxes generally.
All local vehicle license fees collected under this Article by
the State Department of Motor Vehicles shall be deposited into a
fiduciary account and held in trust for the City. Each month, such
fees shall be delivered to the City Treasurer, who shall credit
such fees to the general fund of the City.
Sec. 35-286.
Refund for unused portion of license fee.
Any person who has paid a current license fee, and who moved
out of state, or who disposes of the vehicle for which it was paid
or otherwise surrenders its registration,
may inform the State
Department of Motor Vehicles, and request a refund for the unused
portion of the license fee paid under this Article.
The State
Department
of Motor Vehicles
applicant
a
the
shall
refund to
prorated portion,
in six-month increments,
of the local vehicle
license fee, if application for the refund is made when six (6) or
80
L____..
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
Ordinance to Approve and Authorize the Assignment of the Agreement of Purchase
and Sale for and the Acquisition of a 38+/- Acre Parcel of Real Property for
$5,000,000 from OBFP, Inc., a Virginia corporation, for location of the Virginia
Aquarium's Animal Care Annex
MEETING DATE:
December 13, 2005
. Background: The City's Virginia Aquarium & Marine Science Center (the "Aquarium")
and the Virginia Aquarium & Marine Science Foundation, Inc., (the "Foundation") have been
working for several years to identify a site for a new Animal Care Annex. The Animal Care
Annex is the Aquarium's operational support facility that includes animal holding for exhibits and
outreach programs, and the marine animal stranding center. In the past year, the City
conducted an assessment of five potential sites for the location of the new Annex.
One of the five sites, a 38 +/- acre parcel owned by OBFP, Inc., has been identified as an ideal
location for the Annex. The site lies across Owls Creek from the Aquarium's Marsh Pavilion and
north of the Ocean Breeze and Motor World entertainment complexes. Approximately 24 acres
of the site are located adjacent to Owls Creek. Of the remaining acreage, 8.5 acres are
adjacent to Birdneck Road, and 6+ acres encompass a narrow strip north of the Ocean Breeze
and Motor World parking areas. The property to the north of the site is owned by the Navy.
There are several reasons why this site is so desirable for the City and the Aquarium. First, the
site's proximity to the Aquarium and availability of saltwater access are very advantageous to
the needs of the Aquarium. The site is directly adjacent to Owls Creek and is within sight range
of the Aquarium's Marsh Pavilion and outdoor trails. Second, acquisition of this site will place all
of the remaining undeveloped land adjacent to the Aquarium and Owls Creek in the hands of
the City. Commercial development of this land could have a negative impact on the Aquarium
experience and the Owls Creek watershed. Acquiring this parcel of land will be invaluable as a
site for the new Annex and for the Aquarium as it moves to develop a master plan for its
campus and expand its nature trails, exhibits, and facilities.
The Foundation has contracted with OBFP, Inc. for the purchase of the 38+/- acre parcel for a
total purchase price of $5,000,000. The contract is assignable and is contingent upon a
satisfactory due diligence investigation.
The Annex building project is included in the current Capital Improvement Program (CIP 3-292)
and the budget includes $1,500,000 for site acquisition. The $3,500,000 balance will be paid
from the Open Space fund (CIP-4-004), with the proviso that if any of the property purchased
with Open Space funds is subsequently sold and/or used for purposes other than Open Space,
the Open Space fund will be reimbursed accordingly.
. Considerations: Purchase of the site provides the necessary property to allow future
relocation from inadequate leased facilities presently being used.
.
Public Information: Advertisement of Council agenda.
.
Alternatives: Do not acquire the property and continue to use leased space.
. Recommendations: Adopt the ordinance authorizing the City Manager or his designee
to execute an Assignment Agreement and for the purchase the 38+/- acre parcel of real
property from OBFP, Inc., and take all appropriate actions with respect thereto.
.
Attachments: Ordinance.
Location Map.
Summary of Terms.
Recommended Action: Approval
Submitting Department/Agency: Museums & Cultural Arts~
City Manager: ~)c... ~ ~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
AN ORDINANCE TO APPROVE AND
AUTHORIZE THE ASSIGNMENT OF THE
AGREEMENT OF PURCHASE AND SALE FOR
AND THE ACQUISITION OF A 38+/- ACRE
PARCEL OF REAL PROPERTY FOR
$5,000,000 FROM OBFP, INC. , A
VIRGINIA CORPORATION, FOR LOCATION
OF THE VIRGINIA AQUARIUM ANIMAL CARE
ANNEX
WHEREAS, a 38+/- acre parcel of real property located adjacent
15
to the Virginia Aquarium and Marine Science Center (the "Aquarium")
16
and Owls Creek has been identified as a prime site for the location
17
of the Aquarium's Animal Care Annex due to the site's proximity to
18
the Aquarium and the availability of saltwater access to Owls
19
Creek;
20
WHEREAS,
OBFP,
Virginia
owns
the
corporation,
Inc. ,
a
21
identified 38+/- acre site (the "Property");
22
WHEREAS, the Virginia Aquarium & Marine Science Foundation,
23
Inc.,
a Virginia corporation (the "Foundation"), or its assigns,
24
has contracted to purchase the Property from OBFP by a certain
25
Agreement
of
and
12,
(the
2005
Sale
dated
October
Purchase
26
"Agreement") ;
27
WHEREAS, the Foundation is willing to assign to the City of
28
Virginia Beach
(the "City")
its rights under the Agreement for
29
purchase of the Property;
30
WHEREAS, the City Council of the City of Virginia Beach,
31
Virginia (the "City Council"), is of the opinion that the
32
assignment of the Agreement and the acquisition of the Property
33
pursuant to the Agreement would be in the best interest of the
34
City;
35
WHEREAS, funding for this acquisition is available and has
36
been appropriated in CIP 3-292 Animal Care Annex and CIP 4-004
37
Open Space Fund.
38
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
39
BEACH, VIRGINIA:
40
That
City
approves
Council
authorizes
the
and
the
1.
41
assignment
f or and the
of
the Agreement of
Purchase and Sale
42
Acquisition
38+/-
acre
of
real
property
(the
parcel
of
a
43
"Property") for $5,000,000 from OBFP, Inc., a Virginia corporation,
44
by purchase pursuant to § 15.2-1800 of the Code of Virginia, 1950,
45
as amended, which Property is shown on Exhibit A attached hereto.
46
That the City Manager or his designee is authorized to
2.
47
execute, on behalf of the City of Virginia Beach, an Assignment of
48
Agreement of Purchase and Sale for the Property in accordance with
49
the Summary of Terms attached hereto as Exhibit B.
50
That funds for the acquisition of the Property have been
3.
51
appropriated as follows:
52
$1,500,000 from CIP 3-292 Animal Care Annex
53
$3,500,000 from CIP 4-004 Open Space Fund
54
That for any portion of the Property purchased with Open
4.
55
Space funds,
if subsequently sold and/or used for purposes other
56
than Open Space, the Open Space Fund will be reimbursed
accordingly.
5. That the City Manager or his designee lS further
57
58
59
authorized
documents
that
may be
necessary or
all
to
execute
60
appropriate in connection with the assignment and purchase of the
61
Property, so long as such documents are consistent with the terms
62
contained in the Agreement,
as assigned, are documents typically
63
executed and delivered in connection with real estate transactions
64
of this nature and are acceptable to the City Manager and the City
65
Attorney.
66
67
Adopted by the Council of the City of Virginia Beach, Virginia, on
68
the
day of
, 2005.
APPROVED AS TO CONTENT
~Æ.~
Mus ms & Cultural
Arts
APPROVED AS TO
LEGAL SUFFICIENCY
~;tJCAd
La partment
CA-9712
F:\Data\ATY\OID\REAL ESTATE\Assorted Projects\Virginia Aquarium - Animal Care Annex\assignment
and acquisition ordinance.animal care annex.doc
R-l
PREPARED: November 30, 2005
£"H\ßIT A
\ \ /
/ l./
/
J
--
LOCATION
MAP
PROPERTY OF OBFP, INC.
GPIN 2416-67-8078
SCALE: 1" =
600'
PREPARED BY PM' ENG. DRAFT, 22-NOV-2005
EXtt"BIT 1>
SUMMARY OF TERMS
OF AGREEMENT OF PURCHASE AND SALE
AND ASSIGNMENT OF AGREEMENT OF PURCHASE AND SALE
VIRGINIA AQUARIUM AND MARINE SCIENCE FOUNDATION, INC., or its Assigns
FROM OBFP, INc.
GPIN 2416-67-8078
PURCHASER:
Virginia Aquarium and Marine Science Foundations, Inc., or its
assigns (City of Virginia Beach)
DEPOSIT:
$1,000.00, to be applied to the purchase price
CLOSING:
90 day due diligence period, closing 30 days after due diligence
assuming contingencies met
SIZE:
38.64 :t Acres
DESCRIPTION:
Parcel 3, Beach District, Eastern Shore Subdivision
PURCHASE
PRICE:
$5,000,000.00
CONTINGENCIES:
90 day due diligence period, expires January 10, 2006
ASSIGNMENT:
Contingent upon the appropriation of funds for the purchase of the
property
REAL ESTATE
COMISSIONS:
None
F:\Oata\A TY\OIO\REAL EST A TE\Assorted ProjectsWirginia Aquarium - Animal Care Annex\Summary of Terms.doc
- 26-
Item V-I.4
0 RDINANCESIRESOL UTI 0 N
ITEM # 54274
Upon motion by Councilman Reeve, seconded by Councilman Wood, City Council DEFERRED
INDEFINITEL Y:
Ordinance to AUTHORIZE a temporary encroachment into the City's right-
of way for MARY K. and MICHAELL. SIZEMORE at 2401 Whaler Court re
replacement of a fence (DISTRICT 5 - LYNNHA V£N)
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry £, Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A.
Villanueva and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf and Rosemary Wilson
August 9, 2005
,. .'
----
----
'is! I
'is! 'is! 'i1! t::l
iß ia, ~ ~ ~
~ ~ ~ 9. ~
I I ~
~ ~ r->
;;;;¡
IS! ~ IS!
OCt.A~ \ l
f£NC£ - - - - - - - - \
---Q-" \
. \
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- ~-' \ (
- ~j \-~
----' \\ - .1
LOCATION MAP SHOWING
PROPERTY OF
MARY K. SIZEMORE AND MICHAEL LOUIS SIZEMORE
FOR A FENCE ENCROACHMENT AT
2401 WHALER COURT
GPIN 1590-28-1848
SCALE: 1" = 1 00'
PREPARED BY P.W. ENG. CADD 11-18-04
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Encroachment to allow an existing 4-foot high ornamental aluminum
fence, which replaced a deteriorated wood fence of similar size at 2401 Whaler
Court, property of Mary K. Sizemore and Michael L. Sizemore.
MEETING DATE:
December 13,2005
.
Background: Mr. and Mrs. Sizemore have requested permission to
encroach into a portion of the City's right of way known as Ocean Shore
Avenue, formerly known as Ocean Avenue. The purpose of this
encroachment, approximately 2 feet into the right of way, for a distance of
approximately 30 feet, is to allow an existing 4-foot fence, which was
installed to replace a deteriorated wood fence that was constructed
approximately 15 years ago. This encroachment request was deferred by
City Council at its formal session on August 9, 2005.
.
Considerations: Staff has reviewed the requested encroachment and
recommended approval of same.
.
Public Information: Advertisement of City Council Agenda.
.
Alternatives: Approve the encroachment as requested, deny the
encroachment, or add conditions as desired by Council
.
Recommendations: Staff recommends approval of this encroachment
subject to the applicant complying with conditions set forth in the
agreement. Authorize City Manager to sign agreement.
.
Attachments: Ordinance, Location Map, Agreement, Plat and Pictures
Recommended Action: Approve
lYe 3 q/iJ
I
2
3
4
5
6
7
8
9
10
11
12
13
14
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT INTO
A PORTION OF THE RIGHT-OF-WAY
KNOWN AS OCEAN SHORE AVENUE,
FORMERLY KNOWN AS OCEAN
AVENUE, LOCATED AT 2401
WHALER COURT BY MARY K.
SIZEMORE AND MICHAEL L.
SIZEMORE, THEIR HEIRS, ASSIGNS
AND SUCCESSORS IN TITLE
WHEREAS, Mary K. Sizemore and Michael L. Sizemore desire to maintain a 4-
15
foot fence, encroaching approximately two feet for a distance of approximately thirty feet
16
into the City's right-of-way located at 2401 Whaler Court.
17
WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
18
Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
19
City's right-of-way subject to such terms and conditions as Council may prescribe.
20
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
21
22
That pursuant to the authority and to the extent thereof contained in §§ 15.2-
23
2009 and 15.2-2107, Code of Virginia, 1950, as amended, Mary K. Sizemore and
24
Michael L. Sizemore, their heirs, assigns and successors in title are authorized to
25
construct and maintain a temporary encroachment for a fence in the City's right-of-way
26
as shown on the map entitled:
"PHYSICAL SURVEY OF LOT 1, BLOCK C
27
CHESAPEAKE BAY SHORES, SECTION III, RESUBDIVISION OF LOTS 'R', is', iT'
AND A PORTION OF '0' AMENDED MAP - PROPERTY OF L YNNHAVEN BEACH
28
29
AND PARK CO. 2401 WHALER COURT, VIRGINIA BEACH, VA FOR SOLLIE W,
30
KELLIHAN & PATRICIA L. KELLIHAN" a copy of which is on file in the Department of
31
Public Works and to which reference is made for a more particular description; and
32
BE IT FURTHER ORDAINED, that the temporary encroachment is expressly
33
subject to those terms, conditions and criteria contained in the Agreement between the
34
City of Virginia Beach and Mary K. Sizemore and Michael L. Sizemore (the
35
"Agreement"), which is attached hereto and incorporated by reference; and
36
BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
37
is hereby authorized to execute the Agreement; and
38
BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
39
time as Mary K. Sizemore and Michael L. Sizemore and the City Manager or his
40
authorized designee execute the Agreement.
41
Adopted by the Council of the City of Virginia Beach, Virginia, on the
42
day of
,2005.
43
44 ~PPROVED AS TO CONTENTS
45 'i:::illIDéS C. àf~ M..
46 SIGNATURE
roo R~I Fctãt
DEPARTMENT
47
48
49
50
51
52
53
54
55
56
57
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
CA- 9351
PRjPAREQ: 7mO5
F; DataIATY Ordin NONOODE PW ORDIN CA9351 Sizemore.doc
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(c) (3)
THIS AGREEMENT, made this 19th day. of October
, 2004, by and
, .
between the CITY OF, VIRGJNIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and MARY K. SIZEMORE AND MICHAEL L. SIZEMORE, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, ~~Grantee", even though more than one.
WITNESSETH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Lot 1, Block C, Section 3, Chesapeake Bay Shores" as shown
on plat entitled, "PLAT SHOWING CHESAPEAKE BAY SHORES SECTION III
RESUBDIVISION OF LOTS R, S, T AND A PORTION OF Q AMENDED MAP -
PROPERTY OF L YNNHA VEN BEACH AND PARK CO L YNNHA VEN BOROUGH
VIRGJNIA BEACH VIRGINIA SCALE: 1" 40 OCTOBER 21 1977" on a plat recorded in Map
Book 124 at Page 51, in the Clerk's Office of the Circuit Court in the City of Virginia Beach,
Virginia, and being further designated and described as 2401 Whaler Court, Virginia Beach,
Virginia 23451;
WHEREAS, it is proposed by the Grantee to construct and maintain a 4-foot
fence encroaching approximately two feet into the City's right-of-way, for a distance of
approximately thirty feet, "Temporary Encroachment", in the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of existing City right of way, formerly known
as Ocean Avenue and now known as Ocean Shore A venue "The Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Area.
GPJN 1590-20-1848-0000
1
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 DolhE ($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 Encroaehr,\çnt will be
constructed and maintained in accordance with the laws of the Commonwealth
\'irginia and
the City of Virginia Beach, and in accordance with the City's specifications and ~:ppI<jval and is
more particularly described as follows, to wit:
A Temporary Encroachment into The Encroachment Area <13
shown on that certain plat entitled: "PHYSICAL SURVEY OF
LOT I, BLOCK C CHESAPEAKE BAY SHORES, SECTION In
RESUBDIVISION OF LOTS 'R', 'S', 'T' AND A PORTION OF
'Q' AMENDED MAP - PROPERTY OF L YNNHA VEN BEAC:H
AND PARK CO. 2401 WHALER COURT, VIRGJNIA BEACFL.
VA. FOR SOLLIE W. KELLIHAN & PATRICIA I.,
KELLIHAN" a copy of which is attached hereto as Exhibit \' A \
and to whièh reference is made for a more particular description
It is further expressly understood and agreed that the Temporary l'neroachment
herein authorized terminates upon notice by the City to the Grantee, and that wit} I, ¡ dlirty (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 expen"es of such
removal.
It is further expressly understood and agreed that the Grantee shaH ~r\iJ;mnify and
hold harmless the City, its agents and employees, trom and against all claIms, Ü;:¡m;:ges, losses
and expenses including reasonable attorney's fees in case it shall be necessary [{)
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 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
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.
3
It is further expressly understood and agreed that the City, upon revocation of
such authority and permission so granted, may remove the Temporary Encroachment and charge
the cost thereof to the Grantee, and collect the cost in any manner provided by law for the
collection of local or state taxes; may require the Grantee to remove the Temporary
Encroachment; and pending such removal, the City may charge the Grantee for the use of The
Encroachment Area, the equivalent of what would be the real property tax upon the land so
occupied if it were owned by the Grantee; and if such removal shall not be made within the time
ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is
allowed to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Mary K. Sizemore and Michael L. Sizemore, the said
Grantee has caused this Agreement to be executed by hislher/their 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 VIRGJNIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
4
--þ1~ K ~
Mary K. izemore
*-¡rl,f..A t"~~
Michael L. Sfl'emore
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, CITY MANAGER! AUTHORIZED
, 2004, by
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGJNIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGJNIA
BEACH.
Notary Public
My Commission Expires:
5
In the ~(Branch of Service) of the United States.
I, Sho.ùC\ ))e.n~ \ ~ , a commission~d officer of the U5~ (Branch of
Service) of the United States with the rank of E..n~'Cjn of Bo\~\'CT\C)rc. ,
MG("y\o.~\ (home address of commissioned officer), do certify that
t-\¡<"ý r.. S17~ mD("e , whose name is signed to the writing ab~)Ve, bearing date on the \C\~
day of Oc.t-obe..<' ,2004, and who, or whose consort, is a c.. I' á.e..~ of the United
States and whose address is ~4(}\ w.~\ Þ< c..+. , \J'("~m'\o.B(.8aLh , "\«"~""~c. , has
acknowledged the same before me.
Given under my hand this Iq+'" day of O<...-\cbe;( ,2004.
~L~'l:D ..
Notary Public
In the ~-.) 'f
(Branch of Service) of the United States.
I, S~ùn ~ c:.{ì'("\ 15 , a commissioned officer of the U S.J. (Branch of
Service) of the United tates with the rank of E.,",g~~n of 8cL\*\n-.~{ ~ ,
. .M<\t1(\o.~ (home address of commissioned officer), do certify that
j~l ad.S\'Z.e..t'1"1c('t' , whose name is signed to the writing above, bearing date on the ~
dayofOc.tcbe..r' ,2004, and who, or whose consort, is a c..\+I'Z..~r-. of the United
States and whose address isól~C)' Whl\~~C...:\- , "\'-~Yn\c. Deacl-'I , v""-3""\e,¡ , has
acknowledged the same before me.
Given under my hand this \C\+'" day of ac_:~-aber , 2004.
þhr- £ ~
Notary Public
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFIECIENCY AND FORM
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W HAL E: Ie CO u..R r
City of Virgir1ia Beach
LESLIE L. LILLEY
CITY ATTORNEY
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MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9004
(757) 427-4531
FAX (757) 426-5687
TOO (757) 427-4305
August 9, 2005
The Honorable Meyera E. Obemdorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, V A 23456
Re:
Agenda for August 9, 2005 - Encroachment/Whaler Court - Agenda Item 1.4
Dear Mayor Obemdorf and Members of Council:
As I advised you, an injunction action has been filed by property owners at 2411 Ketch Court
regarding encroachments and the city easement between adjoining property owners, on Ketch
Court and Whaler Court. Item 1.4 on your agenda is an encroachment request initiated by
another property owner on Whaler Court.' While the two matters are unrelated, I recommend that
you defer the encroachment request on your agenda today so that the issues common to both
matters can be resolved in a consistent manner.
Thank you for your consideration.
Very truly yours,
LLL:lh
c:
James K. Spore, City Manager
Charlie M. Meyer, Chief Operating Officer
I9tth Hodges Smith, City Clerk
vDean Block, Public Works Director
_?\ (\ (¿
LOCATION MAP
ENCROACHMENT REQUEST
FOR A WOOD FENCE
SAN DRA C. MClAUGH LI N
GPIN 2419-69-0568
MCLAUGHLlN.DGN M.j.S.
PREPARED BY PM' ENG. CADD DEPT. FEB. 22, 2005
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
Temporary Encroachment request in the City's right of way known as 82nd
Street from Sandra Chalmers McLaughlin (AIKIA Sandra C. McLaughlin
and Sandra Frances Chalmers McLaughlin).
MEETING DATE: December 13, 2005
.
Background:
Sandra Chalmers McLaughlin (A/KIA Sandra C. McLaughlin and Sandra Frances
Chalmers McLaughlin) requests permission for a temporary encroachment to
maintain a fence 10' into the City's right of way located at 82nd. The fence was
located 11' into the right of way when Mrs. McLaughlin purchased the property in
1996. In 2004 a new fence was built to replace the old fence that was in disrepair
from age and damage done by Hurricane Isabel. The current location of the
fence is a traffic hazard. In order to correct the traffic hazard, the City and Mrs.
McLaughlin agreed that she will need to remove Tof the fence out of the right of
way and apply for an encroachment to maintain the fence as shown in Exhibit
"A".
.
Considerations:
City Staff has reviewed the requested temporary encroachment and has
recommended approval of same, subject to certain conditions outlined in the
agreement.
.
Public Information:
Advertisement of City Council Agenda.
.
Alternatives:
Approve the encroachment as presented, deny the temporary encroachment, or
add conditions as desired by Council.
.
Recommendations:
Approve the request subject to the terms and conditions of the agreement.
.
Attachments:
Ordinance, Agreement, Plat, Location Map and Pictures.
Recommended Action: Approval of the ordinance ~
Submitting Depa entlAgency': Public Works/Real Estate.
City Manager: +--
X:\Projects\Encroachments\Applicants\McLaughlin, Sandra 82nd Street - RB\Agenda.Frm.doc
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(c) (3)
THIS AGREEMENT, made this 20th
day of
July
, 2005 by and
between the CITY OF VIRGJNIA BEACH, VIRGJNIA, a municipal corporation, Grantor,
"City", and SANDRA CHALMERS MCLAUGHLIN (NKJA SANDRA C. MCLAUGHLIN
AND SANDRA FRANCES CHALMERS MCLAUGHLIN), HER HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE, "Grantee", even though more than one.
WITNESSETH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as Lot 10, Block 11, as shown on that certain plat entitled: "PLAN
OF LOTS SITUATE IN PRINCESS ANNE CO., VA. LAID OUT BY CAPE HENRY
SYNDICATE" and recorded in Map Book 7, Page 79 in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia, and being further designated and described as 109 82nd
Street, Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to maintain an existing fence,
"Temporary Encroachment", in the City of Virginia Beach;
WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the
Grantee encroach 10' into a portion of an existing City right of way known as 82nd Street. "The
Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Area.
GPJN: NO GPIN ASSIGNED TO RIGHT OF WAY
2419-69-0568
NOW, THEREFORE, for and in consideration ofthe 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 cloth 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: "PHYSICAL SURVEY OF
LOT 10, BLOCK 11 CAPE HENRY SECTION-D
L YNNHA VEN BOROUGH, VIRGINIA BEACH, VIRGINIA
FOR BRUCE C. McLAUGHLIN AND SANDRA C.
McLAUGHLJN," 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 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 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
3
the cost thereof to the Grantee, and collect the cost in any manner provided by law for the
collection of local or state taxes; may require the Grantee to remove the Temporary
Encroachment; and pending such removal, the City may charge the Grantee for the use of The
Encroachment Area, the equivalent of what would be the real property tax upon the land so
occupied if it were owned by the Grantee; and if such removal shall not be made within the time
ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is
allowed to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Sandra Chalmers McLaughlin (AIK/A Sandra C.
McLaughlin and Sandra Frances Chalmers McLaughlin), the said Grantee has caused this
Agreement to be executed by hislher/their 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
~11 VI k L k\-~ '<he ~C\ ~ "--
andra Chalmers McLaughlin
(AIK/ A Sandra C. McLaughlin and
Sandra Frances Chalmers McLaughlin)
4
STATE OF VIRGINIA
CITY OF VIRGJNIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2005, by
DESIGNEE OF THE CITY MANAGER.
, CITY MANAGER/AUTHORIZED
Notary Public
My Commission Expires:
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 VIRGINIf>"f\(,;,,";~ PY\~
CITY/~ OF ~ f-o-wit:
~~"
The foregoing instrument was acknowledged before me this day of
'~2005, by Sandra Chalmers McLaughlin (AIK/A Sandra C. Mclaughlin and
Sandra Frances Chalmers McLaughlin).
My Commission Expires: ,3- 3/-C)(Q
Notary Public
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFIC)ENCY AND FORM
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v
SIGNATURE
Pill Kud Es i~ ai¡
DEPARTMENT
5
X:\Projects\Encroachments\Applicants\McLaughlin, Sandra 82nd Street - RB\Agreement EncroachmentFrm.doc
6
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Exhibit "A"
BENCH MARK. INC,
BEGINNING POINT OF DEVELOPMENT
FLOOD DATA
THIS PROPERTY APPEARS TO FALL INSIDE FLOOD ZONE
AS SHOWN ON F.E,~.A, FLOOO MAP COMMUNITY NUMBER
PANEL NUMBER 00100 , DATED 8118192
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NINETEENTH STREET (PLA T)
82ND STRE:E:T {FInD,
WE ACKNCMLECGE AND ACCEPr ALL E'J\SEJYlENrS
RESTRICI'rONS AND ENCROAŒMENrs ON THIS SURVEY.
PHYSICAL SURVEY
OF
LOT 10, BLOCK 1/
CAPE HENRY
SECT/ON-D -
L YNNHA YEN BOROUGH, YIRGINP~~ß.& ~F;?fl in
FOR ,
BRUCE C, McLAUGHLIN AND SANDRA C McLAUGHLIN
fí/ 17/96
Bruce C. HcLaughlin
6/ ¡ 7/96
BENCH MARK
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LAKE JOYCE
1570-90-1127
BAWlllE.DGN M.).S.
PREPARED BY P;W ENG. CADD DEPT.
AUG. 30,2005
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Encroachments requested into city property known as Lake Joyce located
at the rear of 2345 Bayville Road, from the adjacent property owner, Michael T.
Lynch and Jennifer Lynch.
MEETING DATE: December 13, 2005
.
Background: Mr. and Mrs. Lynch request permission to construct and/or
maintain temporary encroachments for a proposed 5' x 26' wood pier, a 5' x
26' wood pier with a 10' x 16' L-head platform and an existing dock and
riprap into a portion of the city property known as Lake Joyce located at
the rear of 2345 Bayville Road.
.
Considerations: City Staff has reviewed the requested encroachment and
has recommended approval of same, subject to certain conditions outlined
in the agreement.
.
Public Information: Advertisement of City Council Agenda.
.
Alternatives: Approve the encroachments as requested, deny the
encroachments, or add conditions as desired by Council.
.
Recommendations: Approve the request subject to the terms and
conditions of the agreement.
.
Attachments: Ordinance, Location Map, Agreement, Plat and Pictures
Recommended Action: Approve
Submitting :~p~nLgency: Public Works~ ~
City Manag~~ K/fr
1
2
3
4
5
6
7
8
9
10
II
12
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS
INTO A PORTION OF CITY
PROPERTY KNOWN AS LAKE JOYCE
BY MICHAEL T. LYNCH AND
JENNIFER LYNCH, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN
TITLE
WHEREAS, Michael T. Lynch and Jennifer Lynch desire to construct and
13
maintain a 5-foot by 26-foot pier and a 5-foot by 26-foot pier with a 10-foot by 16-foot L-
14
head platform and maintain existing riprap and an existing dock within the City's
15
property known as Lake Joyce and located at the rear of 2345 Bayville Road.
16
WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
17
Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
18
City's property subject to such terms and conditions as Council may prescribe.
19
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
20
VIRGINIA BEACH, VIRGINIA:
21
That pursuant to the authority and to the extent thereof contained in §§ 15.2-
22
2009 and 15.2-2107, Code of Virginia, 1950, as amended, Michael T. Lynch and
23
Jennifer Lynch, their heirs, assigns and successors in title are authorized to construct
24
and maintain a temporary encroachment for a 5-foot by 26-foot pier, a temporary
25
encroachment for a 5-foot by 26-foot pier with a 10-foot by 16-foot L-head platform and
26
a temporary encroachment to maintain existing riprap and an existing dock in the City's
27
property as shown on the map marked Exhibit "A" and entitled: "PLAN VIEW FOR M.T.
28
LYNCH 2345 BAYVILLE RD. VA BEACH, VA 23455", dated March 23, 2005 and
29
revised June 21, 2005, a copy of which is on file in the Department of Public Works and
30
to which reference is made for a more particular description; and
31
BE IT FURTHER ORDAINED, that the temporary encroachment is expressly
32
subject to those terms, conditions and criteria contained in the Agreement between the
33
City of Virginia Beach and Michael T. Lynch and Jennifer Lynch (the "Agreement"),
34
which is attached hereto and incorporated by reference; and
35
BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
36
is hereby authorized to execute the Agreement; and
37
BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
38
time as Michael T. Lynch and Jennifer Lynch and the City Manager or his authorized
39
designee execute the Agreement.
40
Adopted by the Council of the City of Virginia Beach, Virginia, on the
41
day of
2005.
42
43
44
45
PROVED AS TO CONTENTS
¿ç C. WJ~t
NATURE
PtD REd E6+ck
DEPARTMENT
46
47
48
49
50
51
52
53
54
55
56
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
fjjflaflr ~
CiTY A ORNEY
CA-9696
PREPARED: 11/16/05
F:\Data\ATY\OID\REAL ESTATE\Encroachments\PW Ordinances\CA9696 Lynch.doc
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58,1-81l(c) (4)
THIS AGREEMENT, made this 13th day of October
, 2005, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and MICHAEL T. LYNCH AND JENNIFER LYNCH, THEIR HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE, "Grantee", even though more than one.
WITNE SSE TH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Lot 15" as shown on that plat entitled, "SUBDIVISION NQ 2
OF BAY LAKE PJNES PRINCESS ANNE CO., VA. AND RE-SUBDIVISION OF PARCEL
"c" OF SUBDIVISION NQ I - BA YLAKE PINES SCALE-l"=1O0' DEC. ,1954" and being
further designated and described as 2345 Bayville Road, Virginia Beach, Virginia 23455;
WHEREAS, it is proposed by the Grantee to construct and maintain one 5' x 26'
finger pier and one 5'x 26' finger pier with a 10' x 16' platform, and to maintain existing rip rap
and an existing dock "Temporary Encroachment", in the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of existing City property known as Lake Joyce
"The Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Area.
GPIN 1570-90-1127
1
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 Encroac1unent 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: "PLAN VIEW FOR M.T.
LYNCH 2345 BA YVILLE RD. VA BEACH, VA 23455", 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
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
2
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 ofthe 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 constructi on of any encroachment by anyone other than the
Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain
the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain a permit
ITom 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
way pennit, 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
3
the insurance policies.
The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary Encroachment
must conform to the minimum setbacks requirements, as established by the City.
It is further expressly understood and agreed that the City, upon revocation of
such authority and permission so granted, may remove the Temporary Encroachment and charge
the cost thereof to the Grantee, and collect the cost in any manner provided by law for the
collection of local or state taxes; may require the Grantee to remove the Temporary
Encroachment; and pending such removal, the City may charge the Grantee for the use of The
Encroachment Area, the equivalent of what would be the real property tax upon the land so
occupied if it were owned by the Grantee; and if such removal shall not be made within the time
ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is
allowed to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Michael T. Lynch and Jennifer Lynch 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
4
(SEAL)
ATTEST:
City Clerk
~(
<1' ~L
(~.M::::;~c1-
1 nnifer ch .
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2005, by
, CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
STATE OF VIRGJNIA
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:
5
STATE OF ''If"C{ \r\\'ò
CITy¡eOillUY OF\} If'C\\rÚð. ße~, to-wit:
The foregoing instrument was acknowledged before me this \ 3~ day of
~b-u- ,2005, by Michael T. Lynch.
My Commission Expires: ~~ '5\ \ 'Z.O<:::l2..
li~ICIAL SEAL--)
~THOF"}
LYNN M HARVe,Y-HARDfNG "
CITY OF VIRGIN
~ My CommlS8lor
" July 31, 2-
"""¡".,,-,,--------
STATE OF V L'rS:V'\~'t,
CITY/COUNT¥ OFV I~MI"""" (1xCI C--Y\ , to-wit:
The foregoing instrument was acknowledged before me this l2:>
\:/Lk b~ , 2005, by Jennifer Lynch.
My Commission ExPires~ ~ \ Ój
APPROVED AS TO CONTENTS
(---,
SIGN:l::~ e. èJè~~
PV~ f:t4) E~\-fjl
DEP ARTMENT
APPROVED AS TO CONTENTS
SIGNATURE
DEP ARTMENT
day of
~ ~Lr\
Notary Public
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
6
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2345 Bayvillc Road
Jennifer and Michael Lynch
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SII\1ILAR LNCROACIIMI:NTS ALONG LAKL JO\Tf~
~
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance to Accept and Appropriate $1,010,000 from the Federal
Emergency Management Agency to the Fire Department's FY 2005-06
Operating Budget for a Deployment Related to Hurricane Wilma
MEETING DATE: December 13, 2005
. Background:
The City of Virginia Beach is the sponsoring agency for Virginia Task Force 2, FEMA
Urban Search and Rescue Team ("VA-TF2"). The Fire Department serves as the
administrator of VA-TF2. VA-TF2 was activated on October 20, 2005 to assist in the
recovery efforts related to Hurricane Wilma. VA-TF2 demobilized on October 26th and
returned home. Upon activation and deployment, the Federal Emergency Management
Agency ("FEMA") provides funding to reimburse participants for equipment, supplies
and overtime supporting the event.
. Considerations:
As the sponsoring agency, the City of Virginia Beach is responsible for administrative
and fiscal management of VA-TF2 and its assets. Consistent with previous
deployments, FEMA had authorized the reimbursement of all eligible expenses related
to activation, mobilization, deployment and demobilization ofVA-TF2.
. Public Information:
Public information will be handled through the normal Council agenda process.
. Recommendations:
Accept and appropriate $1,010,000 to reimburse expenses of VA-TF2 for Hurricane
Wilma deployment.
.
Attachments: Ordinance
FEMA Assistance Award Documents (3)
Recommended Action: Approve Ordinance
Submitting Department/Agency: Fire Department
City Manager: ~ ¡¿ . ~kJ"¿
Lùð
u.s. Department of Homeland Security
500 C Street, SW
Washington, DC 20472
Æ~~
. FEMA
October 28, 2005
Virginia Beach Fire Department
Virginia Urban Search & Rescue Task Force 2
Attn: Vance Cooper
513 Viking Drive, Suite 9
Virginia Beach, VA 23452- 7322
Ref: EMW -2003-CA-O111
Dear Mr. Reeves:
Enclosed are two (2) copies of Amendment MO19, issued against Cooperative Agreement
EMW-2003-CA-0111, for your review and signature. Amendment MO19 is issued for Type III
Activation in support of Hurricane Wilma recovery efforts.
Please sign, or have an authorized official sign, and return one (1) copy ofthe Cooperative
Agreement to the address below by an overnight carrier:
Federal Emergency Management Agency/DHS
Financial & Acquisition Management Division
Grants Management Branch
500 C Street, SW, Room 334
Washington, DC 20472
Attn: Marilynn Grim
The other copy ofthe agreement should be maintained in your files.
Should you have any questions concerning this award, please contact me at (202) 646-3459 or
via email at marilynn.grim@dhs.gov.
Sincerely,
, iY\ ~ çJt A"v"'J
Marilynn Grim
Assistance Officer
Enclosures
www,fema.gov
.¡¡
FEDERAL EMERGENCY MANAGENIENT AGENCY
ASSISTANCE AWARD/AMENDMENT
2. TYPE OF ACTION
D AWARD 0 AMENDMENT
5. EFFECTIVE DATE 16. CONTROL NUMBER
See Block 21 NNOO112Y2006T
8. ISSUING/ADMINISTRATION OFFICE
J. ASSISTANCE INSTRUMENT
0 COOPERATIVE AGREEMENT 0 GRANT
3. INSTRUMENT NUMBER 14. AMENDMENT NUMBER
EMW-2003-CA-0111 MO19
7. RECIPIENT NAME AND ADDRESS
Virginia Beach Fire Department
Attn: Vance cooper
Viriginia Task Force 2
513 Viking Drive
Suite 9
virginia Beach VA 23452-7322
Federal Emergency Management Agency
F~nancial & Acquisition Management Div
Grants Management Branch
500 C Street, S.W., Room 350
washington DC 20472
Specialist:
Marilynn Grim
(202) 646-3459
9. RECIPIENT PROJECT MANAGER
Vance Cooper (757) 431-4160
11. ASSISTANCE ARRANGEMENT 112. PAYMENT METHOD
~ COST REIMBURSEMENT 0 TREASURY CHECK
D COST SHARING REIMBURSEMENT
D FIXED PRICE 0 ADVANCE CHECK
D OTHER 0 LETTER OF CREDIT
14. ASSISTANCE AMOUNT
10. FEMA PROJECT OFFICER
Wanda Casey, 202-646-4013
13. PAYMENT OFFICE
Federal Emergency Management Agency
Accounting Services Division
D~sbursement & Receivables Branch
500 C Street, S.W., Room 723
washington DC 20472
15. ACCOUNTING & APPROPRIATION DATA
PREVIOUS AMOUNT
$6,912,877.53
See continuation Page
AMOUNT THIS ACTION
$1,010,000.00
TOTAL AMOUNT
$7,922,877.53
16. DESCRIPTION OF PROJECT
Amendment MO19 provides funding for reimbursement of operational expenditures in support of Hurricane Wilma
recovery efforts. CFDA No. 97.025 applies.
The total amount obligated is hereby increased by $1,010,000.00
from $6,912,877.53 to $7,922,877.53.
All other terms and conditions remain unchanged and in full force and effect.
END OF AMENDMENT MO19.
17. RECIPIENT REQUIREMENT
0 RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENTTO THE ISSUING/ADMIN OFFICE IN BLOCK 8.
0 RECIPIENT IS NOT REQUIRED TO SIGN THIS DOCUMENT.
18. RECIPIENT (Type name and title)
19. ASSISTANCE OFFICER (Type name and title)
Richard Goodman
Assistance Officer
CONTINUATION PAGE
A.I PRICE/COST SCHEDULE
ITEM DESCRIPTION OF QTY UNIT UNIT AMOUNT
NO. SUPPLIES/SERVICES PRICE
0001 1. 00 Lot $1,010,000.00 $1,010,000.00
Amendment provides funding to VA-TF 2
for support to the Hurricane Wilma
recovery efforts.
FUNDING/REQ NO: 1: $1,010,000.00 NNOOl12Y2006T
GRAND TOTAL - - -
$1,010,000.00
------------------
------------------
ACCOUNTING AND APPROPRIATION DATA:
ACRN APPROPRIATION
REQUISITION NUMBER
AMOUNT
12006-06-1609DR-9044-
-4101-D
NNOO1l2Y2006T
P
$1,010,000.00
1
2
3
4
5
6
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$1,010,000 FROM THE FEDERAL EMERGENCY
MANAGEMENT AGENCY TO THE FIRE
DEPARTMENT'S FY 2005-06 OPERATING BUDGET
FOR A DEPLOYMENT RELATED TO HURRICANE
WILMA
7
the
Federal
Agency
(FEMA)
WHEREAS,
Emergency
Management
8
issued an alert order for members of the FEMA Virginia Task-
9
Force 2 Urban Search and Rescue Team for deployment related to
10
Hurricane
Wilma
$1,010,000
and
has
in
reimbursement
approved
11
costs for expenses related to the Hurricane Wilma deployment.
12
NOW,
THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY
13
OF VIRGINIA BEACH, VIRGINIA:
14
That $1,010,000
is hereby accepted from
in federal funds
15
the Federal Emergency Management Agency and appropriated to the
16
Fire
costs
Department's
2005-06
Operating
FY
Budget,
for
17
associated with the deployment of members of the Virginia Task
18
2
Urban
Force
Search
and
with
federal
Rescue
Team,
revenue
19
increased accordingly.
20
Adopted
by
the
Council
City
of
the
of
Virginia
Beach,
21
Virginia on the
day of
, 2005.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~~~r~
J fl.UW- a ~
City Attorney's Office
CA9820
H:\PA\GG\OrdRes\FEMA Hurricane Wilma ORD
R-2
December 1, 2005
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate $100,000 from the U.S.
Department of Homeland Security - Buffer Zone Protection Program to the
Police Department's FY 2005-06 Operating Budget for the Purchase of
Equipment to Effectively Combat Terrorism
MEETING DATE: December 13,2005
. Background: The Buffer Zone Protection Grant is funded by the U.S.
Department of Homeland Security to reduce vulnerabilities in areas surrounding critical
infrastructure and key resources on a nationwide level. This grant assists state and local
law enforcement agencies in acting on potential acts of terrorism.
The U. S. Department of Homeland Security awarded the Police Department a Buffer
Zone Grant in the amount of $100,000. The grant will be used to purchase equipment
needed by the Police Department to effectively combat terrorism and secure our city.
The equipment to be purchased includes a bomb suit and helmet, two self-contained
breathing apparatuses, a Segway to transport equipment, a Chevy Suburban, and
additions to the Police Department's Hazardous Duty Robot. The Suburban will replace
the current Bomb Squad vehicle and serve as a command vehicle for the Bomb Squad.
. Considerations: These funds will be used to purchase equipment that can be
used to protect our city against a terrorist attack. The equipment will allow the Police
Department to respond effectively to situations involving explosive devices.
The City is not required to provide a match for this grant.
. Public Information: Public information will be provided through the normal
Council agenda process.
. Recommendations: It is recommended that Council accept and appropriate the
grant award of $100,000.
.
Attachments: Ordinance, Award Letter, and Memo
Recommended Action: Approval nI
Submitting DepamnentlAgency: Police Department '5? ~ ':J\
City Manager: ~ ¥--. ~~
PO-46B
AST Rev: 03/04
DEPARTMENT OF POLICE
City of Virginia Beach
MEMORANDUM
Date:
To:
Via:
From:
Sub:
October 25, 2005
Lt. D.H. Hewes
Sgt. M.A. lito
MPO D.O. Noha
BZPP Grant Item Descriptions for Management Services
Lt - below are descriptions of items, which have been proposed for purchase with BZPP
grant funds. These items, as approved by the Department of Homeland Security, are
intended for use by the Bomb Squad to support the Buffer Zone Protection Plans as
developed and implemented.
1- Chevy Suburban. This full size Sport Utility Vehicle will serve as a command
vehicle for the Bomb Squad supervisor. It will house all equipment necessary to
respond to a secondary or simultaneous incident and will serve as a primary
response vehicle. Additionally, this vehicle will be specifically outfitted to support
the SWAT team by providing explosive breaching capability.
2- Haz-Probe from Wolstenholme Areo-Med Inc. This piece of equipment is an
attachment to the existing WM MR-5 Hazardous Duty Robot manufactured by the
same company. Its purpose is to gain access into areas where non-destructive
visual inspection is required or desired. This highly technical component consists
of an automatic drill mechanism and a fully programmable fiber optic video-
scope, which integrates directly with the robot. Should the Bomb Squad be faced
with an actual large vehicle bomb, the Haz-Probe would provide an effective
means of confirming the vehicles' contents. Proper diagnostic examination is
possible through visual inspection allowing for more effective render safe
procedures.
3- MedEng EOD-9 Bomb Suit and Helmet. The EOD-9 is the most advanced
blast protection suit available. A Bomb Technician approaching a suspected
improvised explosive device (lED) would wear this suit for protection from blast
over-pressure, shrapnel and fragmentation should an inadvertent detonation
occur. The EOD-9 is capable of integrating with respiratory protection in the form
of an SCBA, Millennium Gas Mask or PAPR in the event of a Chemical,
Biological or Radiological explosive device.
4- L VB Disrupter with electric hitch & bracket. The Large Vehicle Bomb (L VB)
Disrupter is an explosive tool designed to render safe an improvised explosive
device contained in or made from a vehicle. It is intended to be deployed by the
MR-5 Hazardous Duty Robot by means of a trailer, which holds three 55-gallon
explosive laden plastic water containers. The electric hitch and bracket allow the
1
L VB disrupter to be positioned by the robot then remotely disconnected and left
in place.
5- Survivair Self Contained Breathing Apparatus (SCBA). Two of these
respiratory protective devices will allow both the primary and secondary Bomb
Technicians to effectively deal with an improvised explosive device which may
contain chemical, biological or radiological material. An SCBA may be required
as proper PPE. Currently VBPD Bomb Technicians are required to rely on the
availability of SCBA's from the VB Fire Department.
6- Segway Human Transporter (HT) i180 with saddlebags. A fully protected
Bomb Technician wearing an EOD-8 or 9 bomb suit is tasked with walking a
minimum of 300 feet while carrying x-ray system components and a disrupter on
approach to an lED. This distance, carrying this amount of equipment in a bomb
suit is physically taxing on the body and quickly promotes dehydration and
fatigue. The Segway HT would allow the Bomb Technician a vehicular method of
traveling the distance with the required equipment safely stored onboard thus
avoiding fatigue and rendering the Bomb Technician more capable of performing
his task safely. The Segway HT has been tested and approved for use by the
FBI's Hazardous Devices School.
7 - Wireless Adapter for RTR-4 X-ray System by SAIC. The existing digital x-ray
system currently in use by the Bomb Squad is a Real Time Radioscope (RTR-4)
manufactured by SAIC. In its current configuration, the x-ray imager is tethered
to the CPU by a maximum of 100 meters of cable. This cable limits the effective
range of use and is an encumbrance and trip hazard for the Bomb Technician
who is tasked with approaching an lED. The cable is often caught on the corners
of buildings, doorways and other items creating a hindrance for the Bomb
Technician. Eliminating the cable through the use of a Wireless Adapter
manufactured by SAIC provides a measure of safety and convenience to the fully
protected Bomb Technician as well as increasing the effective distance the RTR-
4 may be used.
8- Chemical Detector Mount & Cable from WM for MR-5 Robot. This item has
been acquired from WM Robots by other means and will not be purchased.
2
FROM:
NOU-29-2aa5 12:Ø5
~
FAX NO. :7574265011
SECUR [r( MFt-lAG81ENT
Nov. 292005 12:02PM P2
96920810 P.01
IF\
~
COMMONWEALTH of VIRGINIA
MICHAEL M. CU~!
Slete O~rdi".1I:>r
Departm.~r¡J (if Emerg~nr::y Managemenr
1*1 Ttode CoI"I!
Rid'Imof'd. "'1911118 2323&3'113
180') Yl.esoo
(11)0) f7~Z411
FA ( (1IG4) 697-65011
WWW.vaemllrgør1Cf.com
~AN¡¡r L.. OL¡MI;NTS
Copul'! CoordInator
JAM~ W. KeCI<
Depuly Coordlnall)r
October 11, 2005
Mr. James K. Spore
City Manager
Vu-ginia. Beach City
2401 CPW'thouse Dtive
Virginia :Beach. VA 23445
Dear Mt. Spore:
. .
The Virginia Department of Emergency Mana.eem.~t (VDEM) is pleued to announce
the allocation of the 2004/2005 State Homeland Security Buffer Zone Ptotcction Program
(BZPP). CFDA 97.078. a grant program. issued ¡'y Deparbnent of Homeland Security (DHS).
Your community bas been. alloc.a1ed a total of $100,000 Ut\der this BZPP grant progœu.
These funds ~'ÌU be transfeued ~ the Virginia Beach City's account Mthin the neXt 10 days.
This flmcUng mUSt be used acCOtding to the requirements sl'ecified by the BlP? progrilm and
nHS Your community has be~ participating in the BZPP proceu for the put &w monW in
conjuncuon with Commonwealth representmives from the Virginia Department of
Transportation (VDOT) on me site(s) that had been identified through preYÌoua cvahJa1Ìons as
"Critical In:fìaøÚ11otute." Cotnp1ianc~ with the rules and conditions set forth by DHS is
n1andatOry. Under the azpp gtæ1t award¡ subgramc:es can only spe:m the awarded fimds on the
predatermined authorized work and equipment that was mutually agreed upon between your
.representative and the VDOT planning personnel.
This BZPP initiativç ~ administered in othet w~ys in the past but now comes under the
Homeland Security/Office o!Domestic P:epa:ed!less umbrella. A1taçhcd is a. copy ot'the
Vulnera.bUíty Reduction Pur;hasjng Pl!n (VRPP) that gives you infotmaûon on the sitc(s) and
the loc;al govenu:nent contact person who has been working with VDOT personnel on this
project. Pl~se insure that they are contat1cd. and made awl'!l'e of the receipt of these funds so
they can begin the necessary work tbat has "oeen agreed upon for the additional protection this
program provides to the ViIginia Besch.
"Wòrki.t¡g trJ Pmtect People. Property ¡md OUI' Cflmmll1!trle;"
1
2
3
4
5
6
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$100,000 FROM THE U.S. DEPARTMENT OF HOMELAND
SECURITY - BUFFER ZONE PROTECTION PROGRAM TO
THE POLICE DEPARTMENT'S FY 2005-06 OPERATING
BUDGET FOR THE PURCHASE OF EQUIPMENT TO
EFFECTIVELY COMBAT TERRORISM
7
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8
VIRGINIA:
9
That $100,000 is hereby accepted from the U.S. Department of
10
Homeland Security and appropriated to the Police Department's FY
11
2005-06
Operating
with
federal
increased
Budget,
revenue
12
accordingly.
13
Adopted
the
Council
City
Virginia
Beach,
of
the
of
by
14
Virginia, on the
day of
, 2005.
Requires an affirmative vote by a majority of the members of
the City Council.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
B ~Ù,~
,
Management Services
. ~ro U~
City Attorney' Offlce
CA9822
H:\PA\GG\OrdRes\Buffer Zone - Homeland Security ORD
November 30, 2005
R-l
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance to Appropriate $167,482 to the FY 2005-06 Operating
Budget of the Tourism Advertising Program Fund for Marketing Related
Activities
MEETING DATE: December 13, 2005
. Background: In July 1996, the City Council of Virginia Beach established the
Tourism Advertising Program ("TAP") Special Revenue Fund. City Council dedicated to
the TAP Special Revenue Fund revenues from one cent of the transient lodging tax,
one-half cent of the restaurant meal tax, and a flat tax of one dollar for each night of
lodging in the City. These revenues support the City's advertising and marketing
program and related activities, including the operation of the Visitor Information Center,
in an effort to promote and increase tourist visitation to the City.
. Considerations: At the close of FY 2004-05, the TAP Special Revenue Fund
had an unappropriated fund balance of $167,482. The fund balance resulted from: 1)
positive revenue performance over and above projections, 2) appropriation balances
from advertising, the TAP Special Revenue Fund Reserve for Contingencies, and the
Visitor Information Center in FY 2004-05, and 3) accumulated interest in the fund
earmarked specifically for capital improvements at the Visitor Information Center. The
Convention and Visitors Bureau is seeking appropriation of these funds to support FY
2005-06 advertising initiatives.
. Public Information: Public information will be handled through the normal
Council agenda process.
. Recommendations: Appropriate $167,482 to the City's Tourist Advertising
Program Special Revenue Fund.
.
Attachments: Ordinance
Recommended Action: Approve Ordinance
Submitting Department/Agency: Convention and Visitor Bureau '¥
City Manager: ~ 'l.< ~~
1
2
3
4
AN ORDINANCE TO APPROPRIATE $167,482 TO THE FY
2005-06 OPERATING BUDGET OF THE TOURISM
ADVERTISING PROGRAM SPECIAL REVENUE FUND FOR
MARKETING RELATED ACTIVITIES
5
WHEREAS, $167,482 of additional revenues have accumulated to
6
the fund balance of the Tourism Advertising Program Special Revenue
7
Fund and should be appropriated to fund advertising and marketing
8
activities.
9
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
10
VIRGINIA BEACH, VIRGINIA:
11
That $167,482 is hereby appropriated from fund balance in the
12
Tourism Advertising Program Special Revenue Fund to the FY 2005-06
13
Operating Budget of the Tourism Advertising Program Special Revenue
14
Fund for advertising and marketing activities, with local revenue
15
increased accordingly.
16
Adopted by the Council of the City of Virginia Beach,
17
Virginia, on the
day of
, 2005.
Requires an affirmative vote by a majority of the members of
the City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
J3~Q_J
,kuc~
City Attorney's Offlce
CA9821
H:\PA\GG\OrdRes\TAP Funding True-Up ORD (2)
R-3
November 30, 2005
L.
PLANNIN G
1.
Application of OCEANA DEVELOPMENT, L.L.C. for a Change of Zoning District
Classification from R-I0 to Conditional 1-1 re a light industrial park for office/warehouse
uses. (DISTRICT 6 - BEACH)
RECOMMEND A TION:
APPROV AL
2.
Application of VIRGINIA SEAGULL TRAVEL BUS, INC. for a Conditional Use Permit
re bus terminal at 313 and 329 Kellam Road. (DISTRICT 4 - BA YSIDE)
RECOMMENDATION:
APPRO V AL
3.
Application of OMNIPOINT COMMUNICATIONS dba T -MOBILE for a Modification
of their PDH Plan re a communications tower at 3097 Magic Hollow Boulevard.
(DISTRICT 6 - BEACH)
RECOMMENDATION:
APPRO V AL
NOTICE OF PUBLIC HEARING
Virginia Beach City Council will meet in tile Chamber at
City Hall, Municipal Center, 2401 Courthouse Drive,
Tuesday, December 1.3, 2005, at 6:00 p.m. The fol-
lowing applications will be heard:
DISTRICT 7 - PRINCESS ANNE
Christian Chapel Assembly of God Application: Condi-
tional Use Permit for a church at 2751 Salem Road
(GPINs 14834859920000; 14835900590000;
14835901080000; 14835992570000).
DISTRICT 6 - BEACH
Oceana Development, L.L.C. Application: Change of
Zoning District Classification from R-10 Residential to
Conditional 1-1 Light Industrial located at Pòtters Road
and Viking Drive (GPIN 14976170180000). The Com-
prehensive Plan designates this site as being part of
Strategic Growth Area 9 - West Oceana Area, suitable for
low intensity industrial uses that conform to AICUZ pro-
visions. The purpose of this rezoning is to develop a
light industrial park for office/warehouse uses.
Omnipoint Communications dba T-Mobile Application:
Modification of PDH Plan for a communications tower
at 3097 Magic Hollow Boulevard. (GPIN
14962112560000). The Comprehensive Plan desig-
: nates tllis site as being part of the Primary Residential
. Area, suitable for appropriately located suburban resi-
dential and non-residential uses consistent with the
policies of the Comprehensive Plan. The purpose of this
modification to the plan is to allow construction of a
communication tower,
DISTRICT 4 - SA YSIDE
Virginia Seagull Travel Bus, Inc. Application: Çondi-
tienal Use Permi~ for a passenger transportation termi-
nal (bus) at 313 and 329 Kellam Road (GPIN
14772650500000; 14772546940000;
14772567630000).
All interested citizens are invited to attend.
/J / /7--. --
l~-
Ruth Hodges Smith, MMC
City Clerk
Copies of the proposed ordinances, resolutions and
amendments are on file and may be examined in tile.
Department of Planning. For information call 427-4621.
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 at 1-800-828-1120.
The Planning Commission Agenda is available through
the City's Internet Home Page at
htt~:/ /www.vbgov.com/Dlannine:commission
Beacon Nov. 27 & Dec. 4, 2005
14?f).~1 hq
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Oceana Development, LLC. - Change of Zoning District Classification
MEETING DATE: December 13, 2005
.
Background:
An Ordinance upon Application of Oceana Development, L.L.C. for a ChanQe of
ZoninQ District Classification from R-10 Residential District to Conditional 1-1
Light Industrial District on property located approximately 400 feet south of
Potters Road and 550 feet east of Viking Drive (GPIN 14976170180000). The
Comprehensive Plan designates this site as being part of Strategic Growth Area
9 - West Oceana Area, suitable for low intensity industrial uses that conform to
AICUZ provisions. The purpose of this rezoning is to develop a light industrial
park for office/warehouse uses. DISTRICT 6 - BEACH
.
Considerations:
The applicant proposes to rezone the existing R-10 property to Conditional 1-1 to
accommodate the expansion of the adjacent industrial park.
The proposal is in conformance with the Comprehensive Plan's
recommendations for this area. The property is adjacent to and will be connected
with an already well-established industrial park to the south.
The applicant has provided required buffers for the wetlands and adjacent
residential as well as a family owned cemetery. The applicant has also been
made aware of another neglected cemetery of some historic significance. The
applicant understands that the property is encumbered by a restrictive easement
owned by the U.S. Navy that limits the uses in the proposed industrial park.
When the property is subdivided and a parcel is sold, the purchaser shall receive
notice of the Navy Restrictions. The proposed 1-1 Industrial zoning is more
appropriate for this property that is within Accident Potential Zones 1 & 2 and a
greater than 75 db Ldn noise zone surrounding NAS Oceana than the current R-
10 Residential zoning.
Planning Commission placed this item on the consent agenda because it is a
natural extension of the industrial park and the rezoning is in keeping with AICUZ
guidelines.
.
Recommendations:
Oceana Development, LLC.
Page 2 of 2
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve the request as proffered.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manage~ l. Òß6'M.
~-?
~
OCEANA
DEVELOPMENT,
L.L.C.
Agenda Item # 14
November 9, 2005 Public Hearing
Staff Planner: Karen Prochilo
REQUEST:
Chanqe of Zoninq District Classification from R-10 Residential District to Conditional 1-1 Light Industrial
District.
ADDRESS I DESCRIPTION: Property located approximately 400 feet south of Potters Road and 550 feet
east of Viking Drive.
GPIN:
14976170180000
COUNCIL ELECTION DISTRICT:
6-BEACH
SITE SIZE:
54.89 acres
SUMMARY OF REQUEST
The applicant proposes to rezone the existing R-10 property to Conditional 1-1 to accommodate the
expansion of an existing industrial park.
EXISTING LAND USE: Undeveloped vacant site
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
LAND USE AND ZONING INFORMATION
.
Two single-family homes one with a family cemetery and
across a drainage easement is Brookgreen Commons single-
family homes / 1-1 Light Industrial District, AG-1 Agricultural
District and R5D Residential District.
London Bridge Industrial Park /1-1 Light Industrial District
Nottingham Estates and undeveloped land / R-15 and R-10
Residential Districts
.
.
OCEANA DEVELQPMENT,
Agenda Item
P
West:
.
Undeveloped land and a cemetery owned by City of Virginia
Beach / R-1 0 Residential District
NATURAL RESOURCE AND
CULTURAL FEATURES:
There are wetlands along the eastern perimeter of this site. A majority of
the site has mature tree stands. There are two cemeteries bordering this
property, one of which has a historic significance.
AICUZ:
The site is in Accident Potential Zones 1 & 2 and an AICUZ of greater
than 75 dB ldn surrounding NAS Oceana. The property is encumbered
by a restrictive easement owned by the U.S. Navy. The Navy has
provided information pertaining to the development of this site under the
easement and it is included at the end of this report.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Central
Drive in the vicinity of this application is a two lane collector.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Central Drive 13,377 ADT 1 11,000 ADT 1 (level of Existing land Use Z-
(April 2005) Service "E") 830 ADT*
Proposed land Use 3 -
2,098 ADT
Average Dally Tnps
2 as defined by existing residential zoning
3 as defined by proposed industrial zoning
* This property is currently undeveloped. The estimate is based on 27.6 acres times 30.09 trips / acre for R-10 zoning. Note: the
developable acreage for R-10 may be larger, but for comparison the acreage was set to match the acreage of the proposed
usable 1-1 zoning.
WATER and SEWER: Water and sanitary sewer do not front the property, but they may be extended through
the neighboring parcel for connection purposes provided hydraulic analysis supports the potential demand and
sanitary sewer and pump station analysis for Pump Station #520 show that proposed flows can be
accommodated. Any construction plans submitted for this site will not be approved until the utilities for the
neighboring site have been installed and released by Public Utilities Inspections.
STORMWATER: The referenced subdivision must develop a storm water management plan for water quantity
and quality in accordance with the Public Works Specifications and Standards. The storm water management
plan shall provide protection from detrimentally impacting all downstream receiving storm drain systems.
Provide adequate storm water discharge outfalls and identify adequate offsite receiving drainage systems.
Public easements will be dedicated for all offsite receiving storm water conveyance systems. Property needs
to be reviewed to determine the limits of jurisdictional wetlands.
OCEANA DEVEL~PMENT,
Agenda Ita
p
SCHOOLS: Not applicable
COMPREHENSIVE PLAN
The Comprehensive Plan recognizes this area as being within the Strategic Growth Area 9. Low intensity
industrial uses that conform to AICUZ provisions are suitable for the southern and eastern part of this
Strategic Growth Area.
EVALUATION AND RECOMMENDATION
Staff recommends approval of this
request with the submitted proffers. The proffers are provided below.
The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The
property is adjacent to and will be connected with an already well-established industrial park to the south.
The applicant has provided required buffers for the wetlands and adjacent residential as well as a family
owned cemetery. The applicant has also been made aware of another neglected cemetery of some
historic significance. The applicant understands that the property is encumbered by a restrictive
easement owned by the U.S. Navy that limits the uses in the proposed industrial park. When the property
is subdivided and a parcel is sold the purchaser shall receive notice of the Navy Restrictions. The
proposed 1-1 Industrial zoning is more appropriate for this property that is within Accident Potential Zones
1 & 2 and a greater than 75 db Ldn noise zone surrounding NAS Ocean a than the current R-10
Residential zoning.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(§1 07(h)(1 )). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
When developed, the Property shall be developed in substantial accordance with the "Preliminary
Subdivision Plan of London Bridge Industrial Park" dated March 30, 2005, prepared by NDI, LLC, Basgier
and Associates Division, a copy of which is on file with the Planning Department and has been exhibited to
the City Council (the "Conceptual Plan"). Grantor reserves the right to change the location of the storm water
facilities shown on the Conceptual Plan, as necessary to accommodate its future subdivision or development
of the Property.
PROFFER 2:
Grantor shall maintain a buffer of existing vegetation at least one hundred feet (100') in width between the
Property and the adjacent residential development known as Nottingham Estates, in substantial accordance
with the buffer shown on the Conceptual Plan. Grantor reserves the right to apply for a reduction in the
amount of wetlands shown on the Conceptual Plan, in accordance with applicable federal, state and local
environmental laws; provided, however, that (i) no such reduction shall result in a buffer of less than one
OCEANA DEVELQEMENT,
Agenda Ite
hundred feet (100') in width between the Property and the adjacent residential development known as
Nottingham Estates, and (ii) for all other areas of the Property adjacent to property zoned for residential
purposes, Grantor shall either maintain a buffer of existing vegetation or install a landscape buffer at least
twenty feet (20')..
PROFFER 3:
Grantor shall maintain a buffer of existing vegetation of at least twenty feet (20') around the cemetery
located on the adjacent Property shown as "Now or formerly William C. White (W.B. 24, P. 359) (0.8. 148,
P.141)".
PROFFER 4:
Further conditions lawfully imposed by applicable development ordinances 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.
STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the
project.
The City Attorney's Office has reviewed the proffer agreement dated June 1, 2005, and found it to be legally
sufficient and in acceptable legal form.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet a/l applicable City Codes.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
OCEANA DEVELOPMENT, LLC.
Agenda Item # 14
. Page 4
AERIAL OF SITE LOCA,]:IÐN<
OCEANA DEVELQPMENT, L(! .C.
Agenda Ite 14
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OCEANA DEVELOPMENT,
Agenda Item
PROPOSED SITE PLAN
Map ~~f [;;7Scale Oceana Development LLC
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Conditional Zoning Change: from R-1O to Conditional 1- 1
1 08/05/03 Conditional Use Permit - Bulk Storage Granted
2 03/25/03 Conditional Rezoning from 0-2 to 1-1 Granted
Conditional Use Permit - Automobile Service
Station
3 01/12/93 Conditional RezoninQ from 1-1 to AG-1 Granted
4 05/08/89 Conditional Use Permit Auto Repair Granted
5 01/23/78 Conditional Rezoning from 0-2 to 1-1 Granted
ZONING HISTORY
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
Ocean a Development, LLC, a Virginia limited liability company
2. List all businesses that have a parent-subsidiary 1 or affiliated business entitl
relationship with the applicant: (Attach iist if necessary)
D Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from app/icant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
Oceana Development, LLC
Jerrold L Miller, Manager
2. List all businesses that have a parent-subsidiary1 or affiliated business entity2
relationship with the applicant: (Attach /ist if necessary)
I I
D Check here if the property owner is NOT a corporation, partnership, firm, business,
or other unincorporated organization.
1 & 2 See next page for footnotes
Conditional Rp2omng Application
Page 1"1 0112
Revised 9/112004
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ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but nollimited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
Basgier and Associates Division (survey/engineering)
routman Sanders LLP (legal services)
1 "Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares p .
voting power of another corporation." See State and local
Interests Act, Va. Code § 2.2-3101.
2 "Affìliated business entity relationship" means "a relationship, other than
parent-subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (íii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities; there are common or commingled funds or assets; the business entities share
of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act,
Code § 2.2-3101.
~
Z
<=>
u
CERTIFICATION: I certify that the informati
upon receipt of notìfication
lie hearing, I am responsible for
at least 30 days prior to the s
. his package.
,u.t:..
Kt5ñtV L. MiþÆ£
K.E\lIIJ ,.. MAAI\\E:,~A(,. A./Ell Print Name
accurate.
has been
required
public hearing
OCEANA DEVELQl;tv1ENT,
A§lenda Ite
.
n Prochilo
Virginia Beach
anning
r, Building 2,
Drive
h. VA 23456.9040
Room 115
ate Contracting Officer at th al Facilit
tlantic, has completed a tho)',' review of
oning Application and attachments.
please contact Mrs. Patty Hankins at
Sincerely and very respectfully,
1 Estate Contracting Officer's Review
s
"
TROUTMAN SANDERS LLP
A T TOR N E Y 5
, Ct."" """'" '^'
A W
~12 C,."" PH' ".,..
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VtRC>NlA SUCH. VIRGINIA 2J4&l
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TElEÞHONË: r5r.8".¡'"'
PACSIMILE 757..>01.75'0
Julfroy A Maynard
jelf. maynard@lrovttna"""fltlerncOlr
Direct Di81: 757-$ð7.7522
Direct Fax: 757.ß87.152Q
October 4, 2005
Via Hand Delivery
Mr. Matthew Kurtz
Business Line Coordinator
Real Estate Services
Naval Fàcílities Engineering Command, Mid-Atlantic
9742 Maryland Avenue
Norfolk, VA 23511.3095
Re:
Property of Ocean a Development, LLC; 5726; SER 33/440
Dear Mr. Kurtz:
This fiml represents Oceana Development, LLC ("Oceana Development") with regard to
the conditional rezoning application culTently on file with the City öf Virginia Beach Planning
Department for property containing 54 acres on Progress Road, in the City of Virginia Beach.
We have received a copy of a letter dated July 19, 2005, from Captain T. Keely to Karen
ProehiIo, in the City of Virginia Beach Planning Department, which contain:> the review and
findings prepared by your office as of July 8, 2005. I wanted to take a moment and explain to
you the scope and intentión of the rezoning project, as you requested,
As you may be aware, Oceana Development has developed Oceana Industrial Park,
which is located adjacent to the subject property. Oceana Development acquired the property to
extend Progress Road und subdivide and develop parcels within the larger 54-acre tract, the same
as it has done with the adjacent industrial park. r .am enclosing for YOU! review a. revised
conceptual plan, which eliminates lot Jines to avoid any implication that Oceana Development
has decided on the sizes of the lots to be created from the larger tract.
The conclusion from your report dated July 8, ZOO5 indicates that the Navy requires
additional inlòmlatioJ') in order to ensure compliance with the easement restrictions purchased by
the Navy (the "Navy Restrictions') At thi$ point, however, Oceana Development has not
proposed any particular use of the property; it intends to t'ezone the pmperty from residential
zoning to I-I, to match the zoning of the adjacent industrial park. Each time my client deveJops
or sells one of the properties in the park, it notifies the purchaser of the need to contact your
ATLANTA' HONG KONG' LONDON' NEW YORK' NORFOLK' lZALEJGH
RICH1I-IOND' "{'YSONS CORNER' VIRGINIA BEACH' \VASHINGTON, D.C.
TRODTtvíAN SANDERS LLP
ATT YS T AW
,
Mr. Matthew Kurtz
October 4, 2005
Page 2
oftice regarding compliance witi:¡ the proposed use. addition, with each outsale,Oceana
Development imposes a set of deed restrictions upon the property, which we believe.are
compatible with and are more restrictive than the Navy Restrictions. 1 am enclosing Co.r your
review a copy of the restrictions that my client typically uses within the industrial park.
In conclusion, Oceana Development is unable at this point to provide information
regarding the proposed uses of the property, other than to say they will be industrial uses similar
to those previously approved by the Navy within Oceana Industrial Park. Moreover, subsequent
purchasers have record notice of the Navy Restrictions and win be advised by Oceana
Development to contact the Navy regarding compliance with the Navy Restrictions, prior to the
time of development.
Thank you for yonr attention to and review of these matters. I would ask you to please
call meifyoü have any further questions regarding the project.
Very truly yours,
Jeffrey A. Maynard
Enclosure
cc<:
Karen.ProchiIo (City ofVir¿,~nia Beach Planning Department)
OCEANA
Item #14
Oceana Development, LLC.
Change of Zoning District Classification
400 feet south of Potters Road and 500 feet east of Viking Drive
District 6
Beach
November 9,2005
CONSENT
William Din: The next item that I have is Item #14. This is Oceana Development, LLc.
This is an application to Change the Zoning District Classification from R -10 Residential
District to Conditional I-I Light Industrial District on property located approximately 400
feet south of Potters Road and 550 feet east of Viking Drive in the Beach District.
Welcome.
Jeff Maynard: Good afternoon Mr. Din. My name is Jeff Maynard. I'm the attorney on
behalf of the applicant Oceana Development. We have no objections to the conditions
that have been proffered. I thank you members of the Commission for putting this on the
consent agenda.
.=::I.
William Din: Thank you Mr. Maynard. Is there any objection to this item being placed
on the consent agenda? If not, Mr. Ron Ripley, I believe will explain this issue.
Ronald Ripley: This is a natural extension of an industrial park in the Oceana area. It is
rezoning from R-10 to Conditional 1-1. It is a proffered application. The staff has done a
good job and the applicant working together to come up with a plan that provided buffers
to the adjacent neighborhood, Nottingham Estate, as well as buffers around a couple of
small old cemeteries that are peripheral of this large piece of land. The one thing that's
worthy to note is that this property is in an area that is concerning to the Navy. It's a
property that restricted easements have been purchased by and it is a property that is in a
APZ1 and is in a greater than 75 dbl, so it is very restricted to what can be built there.
The Navy had a concern about whether or not, what particular uses are going to be built
in this park. The applicants are agreeable to coming back each time to discuss it with the
Navy so it's agreeable with them. So, we recommend that this be put on the consent
agenda.
William Din: Thank you Ron. I would like to make a motion to approve the following
consent agenda item. Item #14 is Oceana Development, LLC., proffered conditions.
Dorothy Wood: A motion by Mr. Din and seconded by Mr. Horsley to approve the
consent item.
AYE 10
NAY 0
ABSO
ABSENT 1
ABSENT
ANDERSON
Item #14
Oceana Development, LLc.
Page 2
CRABTREE
DIN
HORSLEY
KA TSIAS
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
WOOD
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 10-0, the Board has approved Item #14 for consent.
=
CITY OF VIRGINIA BEACH
JNTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6224
FROM:
DATE: November 30,2005
Leslie L. Lilley l}J DEPT: City Attorney
8. Kay Wilson~ DEPT: City Attorney
TO:
RE:
Conditional Zoning Application; Oceana Development, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on December 13, 2005. I have reviewed the subject proffer agreement, dated
June 1, 2005, and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW /ks
Enclosure
cc: Kathleen Hassen
Prepared By/Return To:
Troutmau Sanders LLP
222 Central Park Avenue, Suite 2000
Virginia Beach, Virginia 23462
AGREEMENT
THIS AGREEMENT is made this 1 5t day of June, 2005, by and among OCEANA
DEVELOPMENT. LLC, a Virginia limited liability company ("Grantor"), and the CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Grantee").
WITNESSETH:
WHEREAS, Grantor has initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the existing
zoning classification from R-10 to 1-1 Conditional on certain property which contains
approximately 54.889 acres, more or less, located in the Lynnhaven District of the City of
Virginia Beach, Virginia, which property is more particularly described in the attached Exhibit A
(hereinafter the "Property"); and
WHEREAS, Grantor is the current owner of the Property; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes, including mixed use purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible
uses conflict, and that in order to pennit differing uses on and in the area of the subject Property
and at the same time to recognize the effects of the change and the need for various types of uses,
certain reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned 1-1 are needed to cope with
the situation to which the Grantors' rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to
the public hearing before the Grantee, as part of the proposed conditional amendment to the
GPIN Number 1497-61-7018-0000
Page 1
Zoning Map, in addition to the regulations provided for in the existing 1-1 zoning district by the
existing City's Zoning Ordinance ("CZO"), the following reasonable conditions related to the
physical development, operation and use of the Property to be adopted as a part of said
amendment to the new Zoning Map relative to the Property, all of which have a reasonable
relation to the rezoning and the need for which is generated by the rezoning; and
WHEREAS, said conditions having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record
owner of the subject Property at the time of recordation of such instrument; provided, further,
that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of
ordinance or resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-
2204, which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent.
NOW THEREFORE, the Grantor, for themselves, their successors, assigns, grantees,
and other successors in title or interest, voluntarily and without any requirement by or exaction
from the Grantee or its governing body and without any element of compulsion of Quid pro Quo
for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the
following declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property and hereby covenant and agree that these proffers
(collectively, the "Proffers") shall constitute covenants running with the said Property, which
Page 2
shall be binding upon the Property and upon all parties and persons claiming under or through
the Grantors, their heirs, personal representatives, assigns, grantees and other successors in
interest or title, namely:
1.
When developed, the Property shall be developed in substantial accordance with
the "Preliminary Subdivision Plan of London Bridge Industrial Park," dated March 30, 2005,
prepared by NDI, LLC, Basgier and Associates Division, a copy of which is on file with the
Planning Department and has been exhibited to the City Council (the "Conceptual Plan").
Grantor reserves the right to change the location of the stormwater facilities shown on the
Conceptual Plan, as necessary to accommodate its future subdivision or development of the
Property.
2.
Grantor shall maintain a buffer of existing vegetation at least one hundred feet
(100') in width between the Property and the adjacent residential development known as
Nottingham Estates, in substantial accordance with the buffer shown on the Conceptual Plan.
Grantor reserves the right to apply for a reduction in the amount of wetlands shown on the
Conceptual Plan, in accordance with applicable federal, state and local environmental laws;
provided, however, that (i) no such reduction shall result in a buffer of less than one hundred feet
(l00') in width between the Property and the adjacent residential development known as
Nottingham Estates, and (ii) for all other areas of the Property adjacent to property zoned for
residential purposes, Grantor shall either maintain a buffer of existing vegetation or install a
landscape buffer at least twenty feet (20').
3. Grantor shall maintain a buffer of existing vegetation of at least twenty feet (20')
around the cemetery located on the adjacent Property shown as "Now or Formerly William C.
Whilte (W.B. 24, P. 359) (D.H. 148, P. 141)".
4. Further conditions lawfully imposed by applicable development ordinances 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.
Page 3
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the
conditional zoning amendment is approved by the Grantee.
The 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 governing
body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; (3) if
aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the
City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the subject
Property on the map and that the ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator and in the Planning
Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia and indexed in the name ofthe Grantor and Grantee.
This Agreement may be signed in one or more counterparts which, upon execution by all
the parties, shall constitute a single agreement.
[Separate Signature Page Follows]
Page 4
IN WITNESS WHEREOF, the foregoing Agreement is executed by the parties of the date
first written above.
COMMONWEALTH OF VIRGJNIA
GRANTOR:
OCEANA DEVELOPMENT, LLC
a Virginia limited liability company
By: ~
Kevin L. Maume, Special Manager
CITY OF VIRGJNIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this ~ day of June, 2005, by
Kevin L. Maume, personally known to me to be a Special Manager of Oceana Development,
LLC, a Virginia limited liability company.
My Commission Expires:l2.J ~ lID r
VB289663v2
IZ/t,- ~
/Notary Public
Page 5
Exhibit A
All that certain piece parcel or lot situate, lying and being in Lynnhaven Magisterial District,
Princess Anne County, Virginia, shown and designated on a certain plat made by W.B. Gallup,
County Surveyor, on May 6, 1957, which plat is duly recorded in the Clerk's Office ofthe Circuit
Court of the City of Virginia Beach, Virginia, in Map Book 43, at Page 39, the property hereby
conveyed being designated as "MERTA McJNTIRE, 61 Ac." on said plat, and is described as
follows:
BEGINNING at a pin in the edge of the right of way show on said plat, which
leads from the public road to the property hereby conveyed, which is marked
"pin" and is in the Western side of said right of way, and is the Northern comer of
the property hereby conveyed located at or near the Bridge over the creek, and
running thence across the right of way South 3 degrees East 398 feet to a point,
South 70 degrees 20 minutes East 376 feet to a point, South 53 degrees East 293
feet to a pin, South 5 degrees East 563 feet to a small oak; south 13 degrees West
482 feet to sweet gum, South 18 degrees 20 minutes West 181 feet to sweet gum,
South 22 degrees 45 minutes West 523 feet to a pin in the center line of the North
ditch binding the right of way leading to the Swamp Public Road; thence turning
and running along the center line of the North ditch North 77 degrees 30 minutes
West 449 feet to a pin; thence continuing along the center line of the Northern
ditch North 77 degrees 30 minutes West 244 feet to a post; thence North 53
degrees 45 minutes West 375 feet to a pipe in a ditch, North 33 degrees 44
minutes West 365 to sweet gum, North 4 degrees East 297 feet to black gum,
North 23 degrees West 305.2 feet to a small twin oak; North 2 degrees East 186
feet to a point, North 19 degrees 20 minutes West 368 feet to a point, North 4
degrees 38 minutes East 182 feet to a point in Lynnhaven Creek; North 63 degrees
20 minutes East 310 feet, more or less, to a post; thence turning and running along
the edge of the lands of Paul White South 73 degrees East 120 feet to a beech;
South 73 degrees East 149.7 feet to a pipe, South 73 degrees 45 minutes East 211
feet to a pipe, South 74 degrees 5 minutes East 135 feet to a pin in the edge of the
right of way, North 19 degrees 55 minutes East 12 feet to a pipe, North 19 degrees
55 minutes East 240.8 feet to a pipe, North 24 degrees 43 minutes East 142.4 feet
to a pin, North 43 degrees 38 minutes East 134.2 feet to the pin, the place of
beginning. Said tract of land containing sixty-one (61) acres, more or less, but is
conveyed in gross and not by the acre. Together with all rights of way, rights of
drainage, water rights, easements or other rights appertaining to said property.
It is distinctly understood that the two graveyards as shown on said plat are not conveyed by this
deed, nor are they included in the area of sixty-one (61) acres, and are expressly EXCEPTED
from this conveyance.
Page 6
It is further distinctly understood that the right-of-way as shown on said plat is only conveyed to
the grantee herein insofar as it is to be jointly used by the grantee, his heirs and assigns, along
with Paul White, his heirs and assigns.
LESS AND EXCEPT those portions of the above-described property conveyed to the City of
Virginia Beach, by (i) deed dated August 1, 1975, from Harry Richmond and Viola R.
Richmond, his wife, duly recorded in the aforesaid Clerk's Office in Deed Book 1504, at page
310; and (ii) deed dated June 4, 1985, from the Estate of Harry Richmond, acting by Viola
Richmond and William P. Connors, the Executors under the Will of Harry Richmond, deceased,
and W. Leigh Ansell, Ancillary Administrator of the Estate of Harry Richmond, deceased and
Viola Richmond, duly recorded in the aforesaid Clerk's Office in Deed Book 2420, page 1508.
IT BEING the same property conveyed to MAUREN P FLOOD, by deed from Peter J.
Strassberger, Administrator in Virginia of the Estate of Viola Richmond, and Larry B. Slipow,
Ancillary Administrators in Virginia of the Estate of Viola Richmond, dated May 29, 1991, and
filed for record May 31, 1991, in Deed Book 2990, page 1855; AND by Deed from William P.
Connors, Executor of the Estate of Harry Richmond, and W. Leigh Ansell, Ancillary
Administrator in Virginia, of the Estate of Harry Richmond, dated March 9, 1989, and filed for
record July 25, 1990, in Deed Book 2926, page 1597; AND by deed from J.M. Powers,
unmarried, dated March 26, 1999 and filed for record AprilS, 1999, in Deed Book 4058, page
1958.
IT BEJNG the same property conveyed to EDWARD KLIM, by deed from William P. Connors,
Executor of the Estate of Harry Richmond, and W. Leigh Ansell, Ancillary Administrator in
Virginia, of the Estate of Harry Richmond, dated March 9, 1989, and filed for record July 25,
1990, in Deed Book 2926, page 1605.
IT BEJNG the same property conveyed to JUDY CAPOSSELA BOCCANFUSO by deed from
William P. Connors, Executor of the Estate of Harry Richmond, and W. Leigh Ansell, Ancillary
Administrator in Virginia, ofthe Estate of Harry Richmond, dated March 9, 1989, and filed for
record July 25, 1990, in Deed Book 2926, page 1609 and from the Will of Ruth Capossela dated
April 17, 1973 and recorded January 11, 1991 in Will Book 78, page 2384.
IT BEJNG the same property conveyed to HARRY JAMES CAPOSSELA, by deed from
William P. Connors, Executor of the Estate of Harry Richmond, and W. Leigh Ansell, Ancillary
Administrator in Virginia, of the Estate of Harry Richmond, dated March 9, 1989, and filed for
record July 25, 1990, in Deed Book 2926, page 1611 AND by Will of Ruth Capossela dated
April 17, 1973 and recorded January 11, 1991 in Will Book 78, page 2384.
IT BEJNG the same property conveyed to JOSEPH H. CAPOSSELA, by deed from Harry J.
Capossela and Judith A. Boccanfuso, Co-Trustees of the Will of Ruth V. Capossela, dated May
18, 2004, and filed for record May 28, 2004 as Instrument Number 200405280083554.
Page 7
IT BEJNG the same property conveyed to HARRY DONALD RICHMOND, by deed from
William P. Connors, Executor of the Estate ofHany Richmond, and W. Leigh Ansell, Ancillary
Administrator in Virginia, ofthe Estate ofHany Richmond, dated March 9, 1989, and filed for
record July 25, 1990, in Deed Book 2926, page 1621.
.
Page 8
Map E 6,7
Môp Not to Scôle
c:
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VIRGIAlIA-
BEA CH
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CUP - Passenger Transportation Terminals (Bus)
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Virginia Seagull Travel Bus, Inc. - Conditional Use Permit (passenger
transportation terminal- bus)
MEETING DATE: December 13, 2005
.
Background:
An Ordinance upon Application of Virginia Seagull Travel Bus, Inc. for a
Conditional Use Permit for a passenger transportation terminal (bus) on property
located at 313 and 329 Kellam Road (GPIN 14772650500000; 14772546940000;
14772567630000). DISTRICT 4 - BAYSIDE
.
Considerations:
The applicant requests a Conditional Use Permit to allow a passenger
transportation terminal at 329 Kellam Road and 313 Kellam Road. The
passenger transportation terminal consists of a satellite office for ticket sales and
one bus each evening to deliver passengers coming directly from New York City
and to pick up passengers bound for New York City. Tickets for the bus may be
purchased at the travel service ticket sales area located at 329 Kellam Road or
via the Internet. The 58-passenger bus picks up from and delivers passengers to
the side parking lot of 313 Kellam located across Broad Street from the travel
service ticket sales area.
The Planning Commission placed this item on the consent agenda because the
designated passenger drop-off / pick up area is in a lighted area, there is only
one bus operating once an evening and the operation has minimal impact to its
surroundings. The Planning Commission found the request to be an appropriate
use for the site.
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions:
1. The hours of operation for ticket sales are daily from 12:00 P.M. (noon) until
5:00 P.M. and from 11:30 P.M. until the bus departs (approximately 12:30
PM).
2. No more than one bus to stop at this terminal location at the designated time.
Virginia Seagull Travel Bus, Inc.
Page 2 of 2
3. No storage of buses onsite beyond the designated time for the passenger
drop-off / pick up.
4. No passenger transfers or connections onto other buses conducted onsite.
5. No vehicle service repair or maintenance activities to be performed at this
site.
6. The applicant shall obtain all the necessary permits, inspections, and
approvals from the Fire Department and the Permits and Inspections Division
of the Planning Department. A Certificate of Occupancy for the use shall be
obtained from the Permits and Inspections Division of the Planning
Department.
7. The use shall be administratively reviewed on an annual basis.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
,vþ?
Submitting Department/Agency: Planning Department \~
City Manager: ~ t ~U'f'I<t
Staff Planner: Karen Prochilo
= ~ CD
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--VlRGli'ilA----BEAbll-BL UÐ.==- --.-=-
VIRGINIA SEAGULL
TRAVEL BUS, INC.
Agenda Item # 7
November 9, 2005 Public Hearing
CUP - Passenger Transportation Terminals (Bus)
REQUEST:
Conditional Use Permit for a passenger bus transportation terminal.
ADDRESS I DESCRIPTION: Properties located at 329 Kellam Road and 313 Kellam Road.
GPIN:
14772650500000
14772567630000
14772546940000
COUNCIL ELECTION DISTRICT:
4 - BAYSIDE
SITE SIZE:
11,717 square feet
10,133 square feet
75,655 square feet
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow a passenger transportation terminal at 329
Kellam Road and 313 Kellam Road. The passenger transportation terminal consists of a satellite office for
ticket sales and one bus each evening to deliver passengers coming directly from New York City and to
pick up passengers bound for New York City. Tickets for the bus may be purchased at the travel service
ticket sales area located at 329 Kellam Road or via the Internet. The 58-passenger bus picks up from and
delivers passengers to the side parking lot of 313 Kellam, located across Broad Street from the travel
service ticket sales area.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: At 329 Kellam Road there is a laundry service and day care with parking in front. At
313 Kellam/4816 Virginia Beach Boulevard there is a grocery store with parking along the side and rear.
SURROUNDING LAND North: .
USE AND ZONING South:
AROUND 329 KELLAM .
ROAD: East: .
West: .
Office / B-2 Community Business District
7-11 Convenience Store / B-2 Community Business District
Across Kellam Road is Pembroke Square Apartments I A-18
Apartment District
Single family dwellings / R7.5 Residential District
VIRGINIA SEAGULL
SURROUNDING LAND
USE AND ZONING
AROUND 313 KELLAM
ROAD/4816 VIRGINIA
BEACH BLVD.:
North:
.
Across Broad Street is a 7-11 Convenience Store / B-2
Community Business District
Across Virginia Beach Boulevard is retail / B-3 Business District
Across Kellam Road is a multi-story office building and parking /
B-3 Business District
Across Horace Avenue is a strip shopping center / B-3
Business District
South:
East:
.
.
West:
.
NATURAL RESOURCE AND
CULTURAL FEATURES:
Both sites contain commercial structures with paved parking lots. There
are no significant natural resources or cultural features located on the
sites.
AICUZ:
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP):
Pembroke Area Transportation Study is ongoing and long-term recommendations may be included
during site plan review.
No measurable impact on city services is anticipated with this rezoning.
WATER: Not applicable.
SEWER: Not applicable. The sewage-holding tank on the bus is disposed of at the bus company's garage in
New York.
SCHOOLS: Not applicable.
FIRE: The fire department has no concerns with this proposal.
COMPREHENSIVE PLAN
The Comprehensive Plan recognizes the ticket sales office of this passenger transportation terminal as
being within a Primary Residential Area. The land use planning policies and principles for the Primary
Residential Area focus strongly on preserving and protecting the overall character, economic value and
aesthetic quality of the stable neighborhoods located in this area. The established type, size, and
relationship of land use, both residential and non-residential, in and around these neighborhoods should
serve as a guide when considering future development.
VIRGINIA SEAGULL TR~\l:EL8US
~~endaUte
Additionally, the Comprehensive Plan recognizes the bus drop-off and pick-up is within Strategic Growth
Area #4. This area does consist of many tracts of land that differ in land use type, intensity, character and
value.
EVALUATION AND RECOMMENDATION
Staff recommends approval of this
request with the conditions provided below.
The applicant, Virginia Seagull Travel Bus Inc, a passenger transportation terminal, has been in business
since June of 2005. Its operation is located at the same address of a current laundry service and a
previous travel service. The designated passenger drop-off / pick up area is on a lighted area. There is
one bus operating once an evening at the same time. The operation has minimal impact to its
surroundings.
CONDITIONS
1. The hours of operation for ticket sales are daily from 12:00 P.M. (noon) until 5:00 P.M. and from 11 :30
P.M. until the bus departs (approximately 12:30 PM).
2. No more than one bus to stop at this terminal location at the designated time.
3. No storage of buses onsite beyond the designated time for the passenger drop-off / pick up.
4. No passenger transfers or connections onto other buses conducted onsite.
5. No vehicle service repair or maintenance activities to be performed at this site.
6. The applicant shall obtain all the necessary permits, inspections, and approvals from the Fire
Department and the Permits and Inspections Division of the Planning Department. A Certificate of
Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning
Department.
7. The use shall be administratively reviewed on an annual basis.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
VIRGINIA SEAGULL
AERIAL OF SITE
VIRGINIA SEAGULL
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Map E 6,7
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CUP - Passenger Transportation Terminals (Bus)
01/22/90
09/09/85
Granted
Granted
ZONING
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete tM following:
1, List the applicant name followed by the names of aU officers, members, trustees,
partners, etc. below: (Attach list if necessary)
h1C
p~t:
e-
2. List aU busines s that haves þärent-subsidiary1 or affilìated business entity
relationship with the applicant: (Attach líst if necessary)
v:,(
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P h ¡l'e/~1 \ i hH:
Check here if the appliçaht is NOT a corporation, partnership, firm, business,or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name foHowed by the names of all officers, members,
trustees, partners, etc. below: (Attach (ist if necessary)
1',t
2. Ust all QusinessåSthat have a parent-subsidjarl or affiliated business' entity"'
relationship with the åpplicant: (Attach list if necessary)
I I
D Check here if the property owner is NOT a corporation, partnership, firm, business,
or other unin.corporated organization.
1 2
& See next page for footnotes
Conditional Use Permit .AþpUootion
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ADDITIONAL DISCLOSURES
List <ill! known contractors or businesses that have or will provide services With respect
to the requested property u&e.includingbut not Umited to the providers of architectural
services. re~fe$tate services. financial services, accounting services and legal
services: (Attaçh.list if necessary)
1 "Parent-subsidiary relatîonship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation," See State and local Government Conflict of
Interests Act, Va, Code § 2.2-3101.
:< "Affilîated business entity relationship" means "a relationship, other than
parent-subsidiary relationship. that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity. or (Iii) there is shared
management or control between the business entítles. Factors that should be
considered in determining the existence of an affiliated business entity relatîonship
include that the same person or substantially the same person own or manage the two
entities; there are common or commingled funds or assets; the b
the use of the sa fflces or employees or otherwise share a . ,
personnel on a regu r basis; or there is otherwise a close working relationship
between the entities.. See State and local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
CERTIFICATION: I certify that the information contE!ined herein +s true and accurate.
luf¡dérstand that, upon receipt of notification (postcard) that the appliçatiQn tlas.been
scheduled for public hearing, I.¡¡¡m responsible for obtaining and posting the requited
sign on the subject property at least 30 days prior to the scheduled public hearing
aCcording to the instructions in this package.
fferent than applicant)
ûondlUonal Usa Permit Applloatlon
Page 10 of 1Q
Revised gili2(}t)4
Item #7
Virginia Seagull Travel Bus, Inc.
Conditional Use Permit
313 & 329 Kellam Road and 4816 Virginia Beach Boulevard
District 4
Bayside
November 9,2005
CONSENT
William Din: The next item is Item #7. This is Virginia Seagull Travel Bus, Inc. This is
an application for a Conditional Use Permit for a passenger transportation bus terminal on
property located at 313, 329 Kellam Road and 4816 Virginia Beach Boulevard in the
Bayside District. There are seven conditions associated with this item. Is there an
applicant? We1come.
Kevin Dong: My name is Kevin Dong. I agree with the conditions.
William Din: Thank you. Is there any objection to this item being placed on the consent
agenda? If not, Mr. Ron Ripley is going to explain this issue.
.=
Ronald Ripley: Staff had reviewed this and recommended to the Planning Commission
approval. The Commission looked at it and also felt that it aught to be consent because it
is a use that is in a business zoned district. You pretty much have commercial all the way
around it with the exception ofR-7.5 one lot across Broad Street from this proposal. It is
two parcels of property. One will be used as a ticket sales and the other will be used as a
bus terminal. It's limited to one bus per day. It is anticipated that this bus will arrive late
in the evening and depart right after it reloads. So it is a very low use of the property and
looking this over and looking at the conditions, the Commission felt that it was
appropriate to be put on the consent agenda. It is also an administrative review for annual
review that would allow the Planning Department to look and make sure that the
applicant is complying with the conditions. So, we recommended that it be put on
consent.
William Din: Thank you Ron. I would like to make a motion to approve the following
consent agenda item. Item #7 is Virginia Seagull Travel Bus, Inc. with seven conditions.
Dorothy Wood: A motion by Mr. Din and seconded by Mr. Horsley to approve the
consent item.
AYE 10
NAY 0
ABSO
ABSENT 1
ANDERSON
CRABTREE
DIN
ABSENT
AYE
AYE
Item #7
Virginia Seagull Travel Bus, Inc.
Page 2
HORSLEY
KA TSIAS
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
WOOD
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 10-0, the Board has approved Items #7 for consent.
=
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Omnipoint Communications DBA T -Mobile - Modification of PD-H Plan
(communication tower)
MEETING DATE: December 13, 2005
.
Background:
An Ordinance upon Application of Omnipoint Communications dba T-Mobile for a
Modification of PDH Plan for a communications tower on property located at
3097 Magic Hollow Boulevard (GPIN 14962112560000). 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. The purpose of this modification to
the plan is to allow construction of a communication tower. DISTRICT 6 -
BEACH
.
Considerations:
The applicant is requesting a Modification to the PDH land Use Plan to allow
development of a communication tower at the rear of this site. The tower is
proposed at 125 feet in height and will support at least three wireless
communications carriers. The tower will be located within the existing paved
area, so that no disturbance to the top of bank of the major drainage canal
located behind the site will occur.
The applicant has met the location criteria for new towers by placing the tower on
the edge of a residential area and limiting the height of the tower to 125 feet.
The tower will be constructed to support at least three wireless communications
carriers. This proposal is in conformance with the Comprehensive Plan's
recommendations for this area.
The Planning Commission placed this item on the consent agenda because they
felt that it was an appropriate site and would benefit the community. The site is in
an AICUZ of > 75 dB ldn and Accident Potential Zone 1. The applicant submitted
the required aeronautical study and the Navy found the proposed tower to be
acceptable.
.
Recommendations:
Omnipoint Communications DBA T-Mobile
Page 2 of 2
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request as proffered.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department ~
City Manager: ~ l. ~ ~
OMNIPOINT
COMMUNICA TIONS
DBA T -MOBILE
Agenda Item # 15
November 9, 2005 Public Hearing
Staff Planner: Barbara Duke
REQUEST:
Modification of PDH Plan to allow the construction of a communications tower
ADDRESS / DESCRIPTION: Property located at 3097 Magic Hollow Boulevard
GPIN:
14962112560000
COUNCIL ELECTION DISTRICT:
6-BEACH
SITE SIZE:
22,513 square feet
SUMMARY OF REQUEST
The applicant is requesting a Modification to the PDH land
Use Plan to allow development of a communication tower at
the rear of this site. The tower is proposed at 125 feet in height and will support at least three wireless
communications carriers. The tower will be located within the existing paved area, so that no disturbance
to the top of bank of the major drainage canal located behind the site will occur.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped vacant site
SURROUNDING LAND North: .
USE AND ZONING: South:
.
East: .
West: .
NATURAL RESOURCE AND
CULTURAL FEATURES:
Retail shops / B-2 Community Business District
Residential dwellings/ PD-H1 Planned Development District
Retail/Office / B-2 Community Business District
Residential dwellings / A-12 Apartment Districtt
The site is developed with a lodge and associated parking. There is a
major drainage canal located directly behind the parking area on the site.
The drainage canal is part of the Chesapeake Bay Preservation Area
OMNIPOINT COMMUNICAT
Agenda Ita
Resource Protection Area.
AICUZ:
The site is in an AICUZ of >75 dB ldn and Accident Potential Zone 1
surrounding NAS Oceana. The applicant has submitted an aeronautical
study that is required by the FAA. The FAA has determined the tower is
not a hazard to air navigation. The applicant has submitted a copy of the
study to NAS Oceana.
IMPACT ON CITY SYSTEMS
PUBLIC WORKS:
There is a major drainage canal located behind the subject property. The
portion of the parking area where the proposed tower is located is within a
public drainage easement. The applicant will need to execute an
encroachment agreement through Public Works/Real Estate for the tower.
Further conditions/modifications may be required by the encroachment
agreement. The encroachment agreement must be accepted by the City
and executed prior to detailed site plan approval and construction.
COMPREHENSIVE PLAN
The Comprehensive Plan recognizes this area as being within the Primary Residential Area. land use
planning policies and principles for the Primary Residential Area focus strongly on preserving and
protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located
in this area.
Staff recommends approval of this
request with the proffers listed
below.
EVALUATION AND RECOMMENDATION
The applicant has met the location criteria for new towers by placing the tower on the edge of a
residential area and limiting the height of the tower to 125 feet. The tower will be constructed to support
at least three wireless communications carriers. This proposal is in conformance with the Comprehensive
Plan's recommendations for this area.
PROFFERS
. ,,'..
OMNIPOINT COMMUNICAT
Agenda Ita
PROFFER 1:
The Property shall be developed substantially as shown on the exhibit entitled "Site Plan", dated April 29,
2005 and prepared by Atlantic Group, Inc., which has been exhibited to the Virginia Beach City Council
("City Council") and is on file with the Virginia Beach Department of Planning ("Planning Department").
PROFFER 2:
The proposed communications tower shall be substantially the same as shown on the exhibit entitled
"Elevation and Antenna Coax Detail," which has been exhibited to City Council and is on file with the
Planning Department.
PROFFER 3:
The proposed communications tower will not exceed 125' AGL and it will support the antennae array of two
(2) additional wireless communications carriers.
PROFFER 4:
Unless a waiver is granted by the Planning Department, aSIA and OMNIPOINT will conduct or cause to be
conducted a radio frequency emissions study ("RF Study"), by a qualified engineer licensed in the
Commonwealth of Virginia, to evidence that the proposed communications tower will not interfere with any
emergency communications facilities and related equipment owned by the CITY. aSIA and OMNIPOINT
hereby agree to provide the RF Study prior to the submission of the final site plan of the proposed
development to the Planning Department. aSIA and OMNIPOINT further hereby agree to provide additional
RF Studies for any subsequent users.
PROFFER 5:
In the event that OMNIPOINT's use or any subsequent use by a wireless communications carrier of the
proposed communications tower results in any interference with CITY's emergency communications facilities
and related equipment, aSIA and OMNIPOINT shall undertake any measures reasonably necessary to
correct and eliminate such interference. If the interference cannot be eliminated within a reasonable period
of time, not to exceed sixty (60) days, OMNIPOINT and aSIA shall immediately terminate or cause to be
terminated the operation of the antennae array causing such interference.
PROFFER 6:
In the event that the proposed communications tower ceases to be used for a period exceeding twelve (12)
consecutive months, aSIA and OMNIPOINT, at their expense, shall remove the tower and all related
equipment and in the event that any antennae cease to be used for a period exceeding twelve (12)
consecutive months, aSIA and OMNIPOINT, at their expense shall remove such antennae and related
equipment.
PROFFER 7:
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.
STAFF COMMENTS: The proffers listed above are acceptable.
The City Attorney's Office has reviewed the proffer agreement dated July 1, 2005, and found it to be legally
sufficient and in acceptable legal form.
. . .
OMNIPOINT COMMUNICA TlflNS
Agenda Ita'
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
OMNIPOINT
AERIAL OF SITE LP~~\FION:\..
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OMNIPOINT COMJ\4UNIQAT
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AZlldUTH O' 0 120'-0. ~AD CENTER
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AZIMUTH 24-0' 0120'-0' RAD CeNtER
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OMNIPOINT COMMUNICAT
A~enda Ita
PROPOSED TOWER ELEVATION.
1 03/10/92 Modification to Land Use Plan - GRANTED
Church
2 REZONING from R-7.S to Cond B-2 GRANTED
and CUP for self-storage
3 11/13/01 CUP (Church) GRANTED
11/23/04 CUP (Church) GRANTED
4 08/21/90 CUP (Auto Sales) GRANTED
01/22/91 Street Closure GRANTED
ZONING HISTORY
RESTATEMENT
e names of all officers. members, trustees.
SS8fY)
.pr nt
- Vice President GaiA Tidewater Inc.
Jscoma. Treasurer
tor
aU businesses that have a parent-subsidiary 1 or affitiated business entity2
ationship with the applicant: (Attach list if neœsssfY)
OT a corporation, partnership, firm, business, or
'on.
2.
ve a parent-subsidiary1 or affiliated business entity2
(Attach list if necessary)
r is NOT a corporation, partnership, firm,
ed organization.
Check here if the property
business, or other uninco
1 & 2 See next page for footnotes
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: , ADDITIONAL DISCLOSURES
I Ustal! known contractors or 'm~sse$that haVf:~ orwillprov¡<;Jeservìces with respect
I to the requestedpmpertyuse clt.tdìng butnorUmHed totl1e providers~of architectural
real estate services, flnanc al~ervices.,accountln9 se.rvices and legal
(Attachtl$t if necessary)
DISCLOS
ESTATEME NT
'Parent~subs!diary ralatio, p" means relationship thatexìsts when one
1X)tpf)r~tlol1 ~rectly or Indirectly owns shares possessing more than 50 percent of.the
voting power of anQth~r ç°rÞ°ration.," See Stale and Local Government Conflict of
I
1 Interests Act, Va.. Code § 2,2-~101
I
I
¡
I
.2 "Affiliated t)usÎness entity relatIonshIp" means "a relationship, other than
parent-subeidìary relationship, that exists when (i) one business entity has a
oontrollfng ownership interest In the other business entity, (Ii) a co owner in
one en1lt}i is also a controlHng in the other entity, or (Iii)
management or f,;Orllro! betwe bul>iness entities. Factor auld be
In det$rmlning thð existence of an affiliated business entity relationship
in that the same person or substantially the same person own or the two
entitles; v common or commingled funds or assets; the bu share
the use of offices or employees or otherwise share activities, resources or
persol1nel on a regular basis; or ther'3 is otherwise a close working relationship
between the eo£itles," See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
:1'(0": I certify ttlstthelhrormatioo contained herei" ¡strueand~urate,
t, upOn receipt.Øf nQtlftCation (poStcard) that theapþlication has been
bile hearing, lam r~sponsjb!a for obtaining and posting the required
otproperty at least 30 days prior to the scheduled public hearing
instructions In this package.
------ -------- --
Print Na:ne
!fA~"~:(-' L_-
-------------. - --.. -
cJ fferenttI":SH) applicant) Print Name
OMNIPOINT COMMUNICATIONS
Agenda Item Ii 15
, Page 10
Item #15
Omnipoint Communications d/b/a T-Mobile
Modification of PDH Plan
3097 Magic Hollow Boulevard
District 6
Beach
November 9, 2005
CONSENT
William Din: My last item is Item #15, which is Omnipoint Communications. This is for
T-Mobile. This is an application for a Modification of a PDH Plan for a communications
tower on property located at 3097 Magic Hollow Drive in the Beach District.
Bill Gambrell: Mr. Din. Madame Chairman. Bill Gambrell representing the applicant.
The conditions are proffered so I don't have to say yes we accept the conditions. But I do
want to say thank you for being placed on the consent agenda.
William Din: Thank you Mr. Gambrell. Is there any objection to this item being placed
on the consent agenda? Bob Miller is going to explain this issue.
=
Robert Miller: This site is located off of Magic Hollow, just off of Lynnhaven Parkway.
It is behind the Roma Lodge. The tower is 125 feet. It will be built on the paved area
behind the lodge and that way it will not disturb the adjacent canal and bank and so forth.
It is in a high decibel area, an AICUZ area, a high noise zone, and also an APZl. The
applicant has submitted an aeronautical study to the Navy for their review and approval.
We understand that has been accepted. This site is one of those sites where towers are
beneficial to the community as a whole and we encourage. We want them to go in
locations that are obviously beneficial to the community and to the public. We were
therefore agreeable to this location and recommended it for approval.
William Din: Thank you Bob. I would like to make a motion to approve the following
consent agenda item. Item #15 is Omnipoint Communications d/b/a T-Mobile, which is
also proffered. Do I hear a second?
Dorothy Wood: A motion by Mr. Din and seconded by Mr. Horsley to approve the
consent item.
AYE 10
NAY 0
ABSO
ABSENT 1
ANDERSON
CRABTREE
DIN
HORSLEY
KATSIAS
ABSENT
AYE
AYE
AYE
AYE
Item #15
Omnipoint Communications d/b/a T-Mobile
Page 2
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
WOOD
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 10-0, the Board has approved Item #15 for consent.
=
..
CITY OF VIRGINIA BEACH
JNTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6224
FROM:
DATE: November 30,2005
Leslie L. Lilley DEPT: City Attorney
B. Kay WiIS~ DEPT: City Attorney
TO:
RE:
Conditional Zoning Application; Omnipoint Communications CAP
Operations, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on December 13, 2005. I have reviewed the subject proffer agreement, dated
July 1, 2005, and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW /ks
Enclosure
cc: Kathleen Hassen
DECLARATION OF PROFFERED COVENANTS, CONDITIONS AND
RESTRICTIONS
THIS DECLARATION OF PROFERRED COVENANTS, CONDITIONS AND
RESTRICTIONS ("Declaration") effective the 1st day of July, 2005, by and between OSIA OF
TIDEWATER. INc., a Virginia corporation, ("OSIA"), a grantor for purposes of indexing,
OMNIPOINT COMMUNICATIONS CAP OPERATIONS. LLC. a limited liability
company, ("OMNIPOINT"), a grantor for purposes of indexing, and THE CITY OF
VIRGINIA BEACH. a municipal corporation of the Commonwealth of Virginia ("CITY"), a
grantee for purposes of indexing, provides and states as follows:
AGREEMENT:
OSIA owns the parcel of real property located in the City of Virginia Beach, Virginia
described in Exhibit A, attached hereto and incorporated herein by reference ("Property"); and
OMNIPOINT, as lessee of a portion ofthe Property, proposes to develop the Property,
and in connection therewith, has filed an application with CITY to amend the current zoning
designation on the Property from PD-Hl to incorporate the commercial designations authorized
under B-2 (Conditional); and
It is the policy of CITY to provide for the orderly development of land for various
purposes through zoning and other land development legislation; and
OSIA and OMNIPOINT 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 proposed amendment to the PDH Plan, 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 proposed
amendment gives rise; and
OSIA and OMNIPOINT have voluntarily proffered, in writing in advance of and prior to
the public hearing before CITY, as part ofthe proposed amendment to the Zoning Map of the
City of Virginia Beach, Virginia ("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 such amendment to the Zoning Map relative and applicable to the
Property, which has a reasonable relation to the proposed amendment and the need for which is
generated by the proposed amendment.
GPIN: 1496-21-1256-0000 (portion only) & 1496-21-2287-0000 (portion only)
Prepared by: LeClair Ryan, A Professional Corporation
999 Waterside Drive, Suite 2525
Norfolk, Virginia 23510
NOW, THEREFORE, OSIA and OMNIPOINT, their successors, assigns, grantees and
other successors in title or interest, voluntarily and without any requirement by or exaction from
CITY or its governing body and without any element of compulsion or quid pro quo for zoning,
rezoning, amendment, site plan, building permit, or subdivision approval, hereby make the
following declaration of covenants, 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 OSIA and
OMNIPOINT, their successors, assigns, grantees and other successors in interest or title:
1. The Property shall be developed substantially as shown on the exhibit entitled "Site
Plan," dated April 29, 2005 and prepared by Atlantis Group, Inc., which has been
exhibited to the Virginia Beach City Council ("City Council") and is on file with the
Virginia Beach Department of Planning ("Planning Department").
2. The proposed communications tower shall be substantially the same as shown on the
exhibit entitled "Elevation and Antenna Coax Detail," which has been exhibited to
City Council and is on file with the Planning Department.
3. The proposed communications tower will not exceed 125' AGL and it will support
the antennae array of two (2) additional wireless communications carriers.
4. Unless a waiver is granted by the Planning Department, OSIA and OMNIPOINT will
conduct or cause to be conducted a radio frequency emissions study ("RF Study"), by
a qualified engineer licensed in the Commonwealth of Virginia, to evidence that the
proposed communications tower will not interfere with any emergency
communications facilities and related equipment owned by CITY. OSIA and
OMNIPOINT hereby agree to provide the RF Study prior to the submission of the
final site plan of the proposed development to the Planning Department. OSIA and
OMNIPOINT further hereby agree to provide additional RF Studies for any
subsequent users.
4. In the event that OMNIPOINT's use or any subsequent use by a wireless
communications carrier of the proposed communications tower results in any
interference with CITY's emergency communications facilities and related
equipment, OSIA and OMNIPOINT shall undertake any measures reasonably
necessary to correct and eliminate such interference. If the interference cannot be
eliminated within a reasonable period of time, not to exceed sixty (60) days,
OMNIPOINT and OSIA shall immediately terminate or cause to be terminated the
operation of the antennae array causing such interference.
5. In the event that the proposed communications tower ceases to be used for a period
exceeding twelve (12) consecutive months, OSIA and OMNIPOINT, at their expense,
shall remove the tower and all related equipment and in the event that any antennae
2
cease to be used for a period exceeding twelve (12) consecutive months, OSIA and
OMNIPOINT, at their expense, shall remove such antennae and related equipment.
6. Further conditions as may be required by CITY 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.
OSIA and OMNIPOINT further covenant and agree that:
All references herein to PD-H2 and to B-2 Districts and to the requirements and
regulations applicable thereto refer to the City Zoning Ordinance of Virginia Beach, Virginia, in
force as of the date of approval of this Declaration by City Council, which are by this reference
incorporated herein.
The above conditions, having been proffered by OSIA and OMNIPOINT and allowed
and accepted by CITY as part of the amendment to the zoning ordinance of the City of Virginia
Beach, Virginia, in force as ofthe date this Declaration is approved by the Virginia Beach City
Council ("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 such instrument is consented to by CITY in
writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing
body of CITY, after a public hearing before City Council which was advertised pursuant to the
provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Such ordinance or
resolution shall be recorded along with such instrument as conclusive evidence of such consent,
and if not so recorded, such instrument shall be void.
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, OSIA and OMNIPOINT shall petition the governing body for the review
thereof prior to instituting proceedings in court; and
3
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 ofthe Circuit Court of the City of Virginia Beach,
Virginia, and indexed in the names of each ofOISA, OMNIPOINT and CITY.
WITNESS the following signatures and seal:
GRANTORS:
aSIA OF TIDEWATER, INC., a Virginia
corporation
B<fi¡4-1r 1 ~
Its:
Date: Cj(¡- 9- '3 -6 S-
OMNIPOINT COMMUNICA nONS CAP
OPERA nONS, LLC, a limited liability
com~
By: -
Its:. ~L D;.,:
Date:
q -£..7"°5
STATE OF ~...J\.L\
Û1Y Œ' \)~\~l4 ~O-\
BEFORE ME, ~ E1f,., ~C on this day personally
appeared (Z of~A œ \\ ~
known to me (or prov to me on the oath of ~~',A lJ..~ or through
. ) (description of identity card or oth r document) to be the person
whose name is subscribed to the foregoing instrument and acknowledged me that he executed the
same for the purposes and consideration therein expressed.
GWEN UNDER MY HAND AND SEAL OF OFFICE, this~ay of
~, 2005
~\\\\\\I\lIIIII//f/f1!11h
'_1 €,RIN ~A~
~ ~~""""""""'~
_~~ONw.""'1; ~
My CommissioT~ir. ~-i~',,~~
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BEFORE ME.~{ fr E.:úêlffi , ?n this day personally
appeared Yß/ln f~ , TEehnl(dDI~, of(}nn.,tDlY1t(ûVYr>1Ul1lcd-~ðcw~U¿.
known to me (or proved to me on the oath off€> 12.=Pn<::: II or through
) (description of identity car~r other document) to be the person
whose name is subscribed to the foregoing instrument and acknowledged me that he executed the
same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 2. r:¡.. day of
~ ,2005 -
~
Notary Public, State of ~Ia-rd
My Commission Expires:
cOURTNBY A. EVANS
Notary Public
Prince George's County,MD,
My Commission Expires March 1,2008
Exhibit A
Le2al Description of the Property
Parcell:
0
ALL THAT certain Jot piece or parcel of land, situate in Princess Anne Borough of the City of
Virginia Beach, Virginia, and designated and described as Parcel 2, 0.932 Acre, on one certain SlD"Vey
entitled "Survey of Property of Aragona Enterprises, Inc., Princess Anne Borough, Virginia Beach,
Virginia Scale: I" -100', March, 1974, Marsh and Bugier, Inc., P. C., Engineers - Surveyors-
Planners, 101 North Plaza Trail, Virginia Beach, Virginia", which said survey is duly of record in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. in Deed Book 1443, at
page 171, reference being made thereto for a more particular description.
Parcel 2:
ALL THAT certain lot and piece of land, situate in Princess Anne Borough of the City of Virginia
Beach, Virginia, a designated and described as Holland Swamp Community Drainage Project
Easement 0.458 Acre, on one certain survey entitled "Survey of Property of Aragona Enterprises, Inc.,
Princess Anne Borougb- Virginia Beach, Virginia Scale: lit = 100', March, 1974, Marsh and Basgier,
Inc., P. C., Engineers - Surveyors - Planners, 101 N. Plaza Trail, Virginia Beach, Virginia", which
said survey is duly of record in the Clerk's Office of the Circuit Court of tile City of Virginia Beach,
Virginia, in Deed Book 1443, page 171, reference being made thereto for a morc particular
description.
IT BEING the same property conveyed to the Grantor herein by deed of O.S.IA. ofTidcwatcr, Inc., a
non-profit non-stock Virginia corporation, dated April 15, 1977, and duly recorded in the Clerk's
office aforesaid, in Deed Book 1706 at page 395.
6
M.
APPO INTMENTS
BEACHES and WATERWAYS COMMISSION
GOVERNANCE COMMITTEE FOR HISTORIC SITES
HISTORICAL REVIEW BOARD
JNVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
PERSONNEL BOARD (Alternates)
RESORT ADVISORY COMMISSION (RAC)
SHORE DRIVE ADVISORY COMMITTEE
VIRGJNIA BEACH COMMUNITY DEVELOPMENT CORPORAITON (VBCDC)
N.
UNFINISHED BUSINESS
o.
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P.
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