JANUARY 22 2008 MINUTES
"I II
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - Disirict 4
WILLIAM R. DeSTEPH, At-Large
HARRY E. DIEZEL, Kempsville - District 2
ROBERT M. DYER" Centerville - Disirict I
BARBARA M. HENLEY, Princess Anne - District 7
REBA S. McCLANAN, Rose Hall - District 3
JOHN E. UHRIN, Beach - District 6
RON A. VlLLANUEV A, At-Large
ROSEMARY WILSON, Ai-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycnc/@vbgov.com
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CITY CLERK - RUTH HODGES FRASER, MMC
22 JANUARY 2008
I. SCHOOL BOARD BRIEFING
1 :00 PM
A. SAVINGS AND EFFICIENCY IMPROVEMENTS
Dr. Robert Merrill, Superintendent
II. CITY MANAGER'S BRIEFING
A. TOLL FEASIBILITY - 1-264 and Southeastern Parkway
Robert Matthias, Assistant to the City Manager
III. CITY COUNCIL'S BRIEFINGS
A. MINORITY BUSINESS COUNCIL - Annual Report
Wanda J. Cooper, Secretarial Officer and William R. Brown, Financial Counselor
B. BLUE RIBBON TAX, FEE and SPENDING TASK FORCE - Revenue Report
Robert Goodman, Jr., Chair, Revenues Subcommittee
IV. CITY COUNCIL COMMENTS
V. REVIEW OF AGENDA
. I II
VI. INFORMAL SESSION
4:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VII. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend Richard Keever
Bayside Presbyterian Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS
January 8, 2008
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
I. PUBLIC HEARING
TRANSFER OF PROPERTY - Virginia Beach Development Authority
Dam Neck Road, Landstown Road and Recreation Drive
I II
J. RESOLUTIONS/ORDINANCES
1. Resolution SUPPORTING House Bill 1105 re the General Assembly's restoration of authority )
localities over issues pertaining to Outdoor Advertising Structures (requested by Council Lad'
Reba McClanan)
2. Resolution SUPPORTING multi-modal accommodations for interim improvements to City righ s-
of-way to enhance safety for pedestrians and cyclists (requested by Council Lady Rosemary Wils m
(Deferred on January 8, 2008)
2. Resolution to formally ADOPT the 2008 Virginia Beach Emergency Operations Plan as requirec b~
the Code of Virginia
3. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property, for EAR u
L. and MARO A. ROYER, to allow construction and maintenance of brick columns, existing
electrical conduits and a brick column mailbox at 1460 Watersedge Drive (Staff recommends
denial) (DISTRICT 5 - L YNNHA VEN)
4. Ordinance to AUTHORIZE transfer often (10) acres ofland in Princess Anne Commons at Da In
Neck and Landstown Road to the Virginia Beach Development Authority (VBDA) for sale to Se el
Cities Development Company, LLC re construction of an indoor baseball/softball and related
sports facility
5. Ordinance to TRANSFER $797,500 from the School's Pupil Transportation Category to the
Operations and Maintenance Category for repair and replacement of school trucks
6. Ordinance to AUTHORIZE acquisition from Nancy H. Hodgman of2.910 acres of land for
$600,000 at Shell and Diamond Springs Roads, Lakes Lawson and Smith, and provide funding
from the Open Space Program Site Acquisition Project; and, the City Manager is to execute all
necessary documents
K. PLANNING
1. Applications for street closures:
a. WILLIAM G. and JOY M. GOSS for a portion of an alley adjacent to 828 Surfside Ave w
Croatan Beach (DISTRICT 6 - BEACH)
RECOMMENDATION
APPROVAL
b. MARY BEN THOMAS for a portion of an alley adjacent to Mediterranean A venue and 24 1/
Street (DISTRICT 6 - BEACH)
RECOMMENDA nON
APPROVAL
c. SCI VIRGINIA FUNERAL SERVICES, INC. T/A KELLAM FUNERAL HOME, IN( .
for a portion of Avenue E (DISTRICT 3- ROSE HALL)
RECOMMENDATION
APPROVAL
I II
2. Variance to S4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the
requirements of the City Zoning Ordinance (CZO), Subdivision for MLADICK MEDICAL
ASSOCIATES at Colonial Medical Court and First Colonial Road
(DISTRICT 5 - L YNNHA VEN)
RECOMMENDATION
APPROV AL
3. Application of AGC ACQUISITION, LLC, for a Change of Zoning District Classification from ~C
2 Agricultural District to Conditional B-4 Mixed Use District re strip retail and multi-fa ~il
development at 1291 Nimmo Parkway (Deferred Indefinitely August 14, 2007) (DISTRICT 17
PRINCESS ANNE)
RECOMMENDATION
APPROV AL
4. Application of NANTUCKET BY THE BAY, L.L.C. for the Modification to a Conditional
Change of Zoning request (approved by City Council on October 25, 2005 for S & J LLC) at 3 6~
Shore Drive and 3707 Stratford Road (Deferred January 22,2008) (DISTRICT 4 - BA YSIDE)
RECOMMENDATION
APPROV AL
5. Application of SOUTH HAMPTON ROADS HABITAT FORHUMANITY,INC. foraChan e(
Zoning District Classification from R-7.5 Residential to Conditional A-12 Apartment at Zurich i rc
and 1-264 (Deferred June 12 and Indefinitely August 14,2007) (DISTRICT 3 - ROSE HALL)
RECOMMENDATION
APPROVAL
1. APPOINTMENTS
ARTS AND HUMANITIES COMMISSION
COMMUNITY SERVICES BOARD (CSB)
HUMAN RIGHTS COMMISSION
RESORT ADVISORY COMMISSION (RAC)
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
I II
CITY COUNCIL'S SCHEDULE
February 19, 2008
City-wide Town Meeting
Virginia Beach Convention Center
Stormwater Plans and Funding
7 - 9 PM
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
* * * * * * * * * * *
Agenda 1/22/08st
www.vbgov.com
- 1 -
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 22, 2008
Mayor Meyera E. Oberndorf called to order the SCHOOL BOARD BRIEFING re SA VINGS AND
EFFICIENCY IMPROVEMENTS in the City Council Conference Room, City Hall, on Tuesday,
January 22, 2008, at 1:00 P.M
Council Members Present:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones Barbara M
Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Absent:
William R. "Bill" DeSteph,
[Grand Jury Duty,
Entered: 2:00 P.M]
January 22, 2008
-2 -
SCHOOL BOARD BRIEFING
SAVINGS AND EFFICIENCY IMPROVEMENTS
1:00 P.M.
ITEM#57222
Dr. Daniel Edwards, Chair — Virginia Beach School Board, introduced Dr. James Merrill,
Superintendent- Virginia Beach Schools, to present the Board's information re Savings and Efficiency
Improvements.
Dr. Merrill advised school leadership typically meets once a year to present the proposed Operating and
Capital Improvement Program. Schools desire and need to improve communication with the City
Council. Key developments need to be shared during the course of the year. The first year of the
Governor's Biennial Budget contains no salary increases for education. Schools are preparing children
for jobs that have not even been created and doing so in the framework of a volatile economy driven by
such factors as fuel and utility costs, rising health insurance and increased competition for quality
personnel. Fiscal responsibility is a term that seems to be almost on almost everybody's lips. There is a
commitment to fiscal acuity which entails responsibility, strength, results, data based decisions and the
public receiving the best results for every penny invested.
The Fiscal Year 2007-2008
Operating Budget
Starting Point
$10.4-MILLION reduction implemented
.to support tax decrease
'to position the schools for future challenges
Final FY 2007-2008 Operating Budget included a net reduction of
64.10 positions before freeze and position eliminations
Preparation for the Future
A Strategic Approach
Reorganization of central office resulted in
5-month freeze of vacant positions
Elimination of positions
Elimination of Temporary Employment Contracts
Preparation for the Future:
A Strategic Approach
Change in overtime policy
Energy savings
Health care coverage changes
Change to bus replacement cycle
Departmental responses
January 22, 2008
- 3 -
SCHOOL BOARD BRIEFING
SA VINGS AND EFFICIENCY IMPROVEMENTS
ITEM # 57222 (Continued)
One Time Only
44.10 Frozen Positions:
Recurring
22.10 FTE (Full time Employee) Eliminations:
12 TEA (Temporary Employee Contract) Eliminations:
Overtime Policy*:
Energy Savings:
Combined Savings
$2,845,473
$ 801,421
$1,077,388
$ 716,664
$ 150,000
$ 100,000
$2,044,052
*Prior to the change in the Overtime Policy, School employees who took Annual or Sick Leave and then
worked extra hours on the remaining days could seek overtime Now they can only earn overtime, if he or
she works beyond the 40-hour week
Miscellaneous Departmental Annual Savings
Pilot Performance Contracts
Technology Contracts
$ 288,500*
$ 200,000
*The annual energy savings is used to fund new, more energy efficient building
systems such as lighting and HVAC which are
Projected Savings Over Five (5) Years
Health Insurance -
(New minimum hours per week)
Bus Drivers
Food Services Workers
Overtime Policy
Energy Savings
Technology Savings
15-Year Bus Replacement Cycle (vs. 12-year)
Value of Eliminated Positions
Total:
*Denotes 2008 Dollars
$ 375,000
$ 752,000
$ 750,000
$ 500,000
$ 1,000,000
$ 4,180,000
$ 8,970,000
$16,527,000*
January 22, 2008
-4-
SCHOOL BOARD BRIEFING
SAVINGS AND EFFICIENCY IMPROVEMENTS
ITEM#57222 (Continued)
The Virginia Beach City Public Schools GASB-45 set aside has been reduced from $9.1-MILLION to
$3.9-MILLION. Schools began a ten (10-) year plan to eliminate subsidy for retiree health care
benefits. The Health Plan was changed, which resulted in lower than anticipated costs.
Leveraging Savings
Current Year
Fund diversity position/hold two(2)positions in reserve
Meet unexpected expenses or needs
(i.e.,Pay National Board Certified Teachers to cover State shortfall)
Hold savings until 4th quarter to ensure balanced budget
Evaluate need for strategic transfers(after mid year review)
Relative, Leveraging Savings over Future Years, realized savings will be used to help address future
employee salary/benefits increases.
Leveraging Savings:
Over the Long- Term
Our Approach:
Maintain quality workforce
Competitive salaries and benefits
Flexibility to address rising costs
Utility costs
Fuel costs
State and Federal mandates
GASB-45
Dr. Merrill would like to come back to City Council and share Virginia Beach City Public Schools
complete program of work at a future date.
A copy of the Key Operating Measures (encompassing two (2)pages), is hereby made part of the record.
Dr. Merrill advised the Vehicle made in the 21'Century has a longer life.
Ferrell E. Hanzaker, School Chief Financial Officer, advised this coming year enrollment is projected to
decrease by 1,000 students, which will level off at approximately 66,000 students, then start to increase.
Dr. Edwards referenced the student enrollment projections this year is actually two hundred(200) above
actual count.
January 22, 2008
- 5 -
C IT Y MANA G E R 'S B R IE FIN G
FINANCIAL ANALYSIS FOR DOMINION BOULEVARD/ US 17 AND
SOUTHEASTERN PARKWAY
1:25 P.M.
ITEM # 57223
Robert Matthias, Assistant to the City Manager, advised the City has been pursing construction of the
Southeastern Parkway for over twenty (20) years. The Cities of Chesapeake and Virginia Beach
partnered with Virginia Department of Transportation (VDOT) to fund a Toll Feasibility Study. The Total
Cost will be $180,000, with Virginia Beach's share $60,000. This study was prepared by the Public
Financial Management, Inc. (PFM), David C. Miller, Managing Director, assisted by William Thomas,
Manager - Michael Baker and David Cuneo, Assistant Principal - CRA International. Hampton Roads
Transportation Authority (HRTA) has recently contracted for a Financial Advisor to conduct a toll study
on the other projects, with the exception of 460. Dennis w: Heuer, PE, Hampton Roads District
Administrator- Virginia Department of Transportation - VDOT and Beth A. Drylie, P.E., Assistant Vice
President, Office Principal- Michael Baker, Jr., Inc. were in attendance.
William Thomas, Manager - Michael Baker, Jr., Inc., advised the study is designed to develop afunding
and financing plan to accommodate Dominion Boulevard improvements from George Washington
Highway to the Oak Grove Connector, as well as building the Southeastern Parkway and Grenbelt, which
runs from the Oak Grove Connector to Virginia Beach and 1-264.
Overview of ProJects and Analvses
Scenario Identification Projects(s) Considered Toll Option applied Estimated Capital Cost
($-MILLIONS)
No tolls on Oak Southeastern Option one (1 ) $ 2,373
Grove; no Parkway & Greenbelt)
supplemental
revenues
Tolls on Oak Southeastern Option two (2) $ 2,373
Grove; no Parkway & Greenbelt
supplemental
revenues
Tolls on Oak Southeastern Option two (2) $ 2,373
Grove; includes Parkway & Greenbelt
supplemental
revenues
No tolls on Oak Southeastern Cashless (1) $ 2,333
Grove; 100% Parkway & Greenbelt
Cashless (Open Road Tolling)
Facility
No Dominion Boulevard Option one (1) $453
supplemental
revenues
Includes Dominion Boulevard Option one (1) $ 453
supplemental
revenues
Includes Dominion Boulevard Option one (1) $ 453**
existing & existing
Chesapeake Chesapeake
Expressway Expressway
100% Cashless Dominion Boulevard Cashless (1) $ 395
Facility (Open Road Tolling)
Tolls on Oak Combined Option two (2) $ 2,827
Grove; no Southeastern
supplemental Parkway & Greenbelt
revenues and Dominion
Tolls on Oak Combined Option two (2) $ 2,827
Grove; includes Southeastern
supplemental Parkway & Greenbelt
revenues and Dominion
January 22, 2008
- 6 -
C IT Y MANA G E R'S B R IE FIN G
FINANCIAL ANALYSIS FOR DOMINION BOULEVARD/ US 17 AND
SOUTHEASTERN PARKWAY
ITEM # 57223 (Continued)
*Toll Option one (1) reflects no tolls on the Oak Grove Connector while Option two (2) does apply tolls
to the Oak Grove Connector
**Does not include estimated defeasance of existing debtfor the Chesapeake Expressway (approx. 91.9-
MILLION).
Open Road Tolling / Cashless Toll Collection System
. Open Road Tolling was consideredfor each of the projects in this study
Recent studies have shown the benefits of an Open Road Tolling System
· Faster travel time
· Increased Safety
· Reduced capital cost
. Reduced ongoing Operations & Maintenance and Renewal & Replacement costs
· Less vulnerability to user elasticity due to toll increases
Despite the studies performed, there are obstacles
. Users acceptability of a completely cashless facility is yet to be fully determined
. Enforcement and Legal strategies should be clear and decisive
· Technology must be efficient
Market participants' hesitancy towards 100% cashless facilities should improve as more projects
move towards this technology
· Methodology for Open Road Tolling assumptions in this study:
Methodology for Capital Cost
· Reduced "footprint" of toll collection facility
. Eliminate toll booths, personnel support facilities and roadway tapers
Methodology for Toll Revenue
· 5% reduction in transactions reflecting aversion of some to cashless system
· 5% reduction in revenue to account for uncollectible accounts
Methodology for Operations and Maintenance
· 5% reduction in transactions reflecting aversion of some to cashless system
· All transactions charged ETC toll collection rate ($0.08/transaction)
- Assumes a service fee for not using a transponder
· Capital costs and net revenues of each of the projects was reduced after applying a cashless facility
FACILITY CAPITAL COST REDUCTION NET REVENUE DECREASE
($-MILLION, Year 2007$) ($ MILLION, YEAR 2007 $)
Southeastern Parkwav $ 31.2 $ 37.7
Dominion Boulevard $ 48.3 $18.7
Combined $ 79.5 $ 56.4
David C. Miller, Managing Director, Public Financial Management, Inc. (PFM), advised re tolls, many
assume revenues will fully pay for the road. This is not true. Almost all new toll roads need some type of
initial assistance
January 22, 2008
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C IT Y MANA G E R'S B R IE FIN G
FINANCIAL ANALYSIS FOR DOMINION BOULEVARDI US 17 AND
SOUTHEASTERN PARKWAY
ITEM # 57223 (Continued)
Supplementing Start-Up Toll Revenues - Examples
· Almost All New Toll Facilities Need Financial Help:
. Subordinate Loans at both the Federal and State Levels are common
- Chesapeake Expressway, Santa Rosa Bay Bridge Authority, San Joaquin
Transportation Corridor Agency, Eastern Foothills Transportation Corridor Agency
. By far the most common revenue approach is a system concept where excess cash flow from existing toll
facilities is used to help support expansion projects
- Florida's Turnpike, Orlando-Orange County Expressway Authority, Oklahoma
Turnpike, among many others
. Supplemental Revenues are common at both the State and Local Levels
- Osceola Parkway, Mid-Bay Bridge, Miami-Dade Expressway, Delaware Turnpike
. Other ways in which State Departments of Transportation have contributed are:
Pay for preliminary design, engineering, and/or right-of-way
Pay for operations and/or maintenance, sometimes getting repaid after bonds
. Among start-up toll roads that haven't gotten significant assistance, there are notable examples of
distressed credits
Financial Analysis Scenarios Southeastern Parkway & Greenbelt
. The Southeastern Parkway and Greenbelt Analyses demonstrated that the project is approximately
15% to 20% self-supporting on a stand-alone basis
- A $105-MILLION annual revenue supplement is necessary to make the project
Feasible
Toll & Supplemental Revenues support approximately $2.1-BILLION of senior
and subordinate debt
- Open Road Tolling scenario slightly reduces the funding deficit amount
Scenario Total Capital Financing Funding Deficit Supplemental Percent Self
Identification Cost Capacity (1) (2) Revenue Supported
(Year of (annual)
Exvenditure)
No Oak Grove $ 2,373.5 $ 391.3 $2,028.5 None 15%
or supplemental
Oak Grove, but $ 2,373.5 $ 522.1 $1,906.0 None 20%
no suvvlemental
Oak Grove, and $ 2,373.5 $2,172.1 NIA $ 105.0 NIA
suvvlemental
No Oak Grove $ 2,333.3 $ 381. 0 $1,998.0 None 15%
100% Cashless
$ In Millions
(I) Financing capacity is gross amount of senior and subordinate debt and does not subtract costs of issuance and reserve
requirements
(2) Funding deficit is net of interest earned in the constructionfund.
January 22, 2008
- 8 -
CITY MANA GER'S BRIEFING
FINANCIAL ANALYSIS FOR DOMINION BOULEVARD/ US 17 AND
SOUTHEASTERN PARKWAY
ITEM # 57223 (Continued)
Financial Analysis Scenarios - Dominion Boulevard
. The Dominion Boulevard Analyses demonstrated that the project is approximately 34% to
43% self-supporting on a stand-alone basis
A $17 million annual revenue supplement is necessary to make the projectfeasible
Toll & Supplemental Revenues support approximately $442 million of senior and
subordinate debt
Including the Chesapeake Expressway reduces the stand-alone funding deficit by
approximately 9%; does not assume loan repayments put back toward Dominion
Open Road Tolling scenario slightly reduces the funding deficit amount
Scenario Total Capital Financing Funding Deficit Supplemental Percent Self
Identification Cost Capacity (1) (2) Revenue Supported
(Year of (annual)
Expenditure)
No supplemental $ 453.7 $ 190.7 $ 298.0 None 34%
Include $ 453.7 $ 442.5 N/A $ 17.0 N/A
supplemental
No supplemental $ 453.7 $ 328.7 $ 259.6 Chesapeake 43%
includes Expressway
Chesapeake
Expressway
No supplemental $ 395.6 $ 189.7 $ 235.8 None 40%
100% Cashless
$ In Millions
(I) Financing capacity is gross amount of senior and subordinate debt and does not subtract costs of issuance and reserve
requirements
(2) Funding deficit is net of interest earned in the constructionfund. In the case of the Chesapeake Expressway, it is
assumed that any financing would be required to repay the existing bonds and loans for the Expressway, approximately
$92-MILLlON (2006 CAFR)
Financial Analysis Scenarios - Combined Southeastern Parkway/Greenbelt and Dominion Boulevard
. The combined SEPG/Dominion Analyses demonstrated that the combined project is approximately
24% self-supporting on a stand-alone basis
A $112-MILLION annual revenue supplement is necessary to make the project
feasible
Toll & Supplemental Revenues support approximately $2. 5-BILLION of senior and
subordinate
Scenario Total Capital Financing Funding Deficit Supplemental Percent Self
Identification Cost Capacity (1) (2) Revenue Supported
(Year of (annual)
Expenditure)
Tolls on Oak $ 2,827.3 $ 780.1 $ 2,152.9 None 24%
Grove; No
supplemental
Tolls on Oak $ 2,827.3 $ 2,528.5 N/A $ 112.0 N/A
Gave; and
supplemental
$ In Million
(I) Financing capacity is gross amount of senior and subordinate debt and does not subtract costs of issuance and reserve
requirements
(2) Funding deficit is net of interest earned in the constructionfund.
January 22, 2008
- 9-
C IT Y MANA G E R'S B R IE FIN G
FINANCIAL ANALYSIS FOR DOMINION BOULEVARDI US 17 AND
SOUTHEASTERN PARKWAY
ITEM # 57223 (Continued)
Financial Analysis Scenarios - Public-Private Partnership Evaluations
· The Public-Private Partnership (P3) evaluations were estimated based on general financing
assumptions and the available traffic and revenue data
Utilized aggressive depreciation and tax assumptions
Target returns ranging from 12% to 16% ,depending on type of facility (Brownfield
vs
Greenfield)
The P 3 evaluations, while reducing the funding deficits, still required additional
revenues
Scenario Total Capital Financing Equity Funding Return on Percent
Identification Cost Capacity (1) Investment Deficit (2) Investment Self
(Year of Supported
Expenditure)
SEPG (Tolls on $ 2,373.5 $ 390.1 $ 535.0 $1,518.3 16% 34%
Oak Grove)
Dominion $ 453.7 $ 139.7 $ 110.0 $ 225.7 16% 52%
Chesapeake NIA NIA $ 135.5 NIA 12% NIA
Expressway
$ In Million
(I) Financing capacity is gross amount of senior and subordinate debt and does not subtract costs of issuance and reserve
requirements
(2) Funding deficit is net of interest earned in the construction fund.
Conclusion - Toll Road Financial Feasibility
· The projects cannot be funded with toll revenue only
- The Dominion Boulevard project has a smaller toll revenue-only deficit, primarily due to its
smaller capital costs
- The Dominion Boulevard project can be completed with an annual infusion of about $1 7-
MILLION non-toll revenue
- The Southeastern Parkway & Greenbelt project can be completed with an annual infusion of
about $105-MILLION non-toll revenue
· Very common for start-up toll facilities to require an additional source of funding and/or revenue
- Because future year Operations & Maintenance and Renewal & Replacement are funded by
project toll revenues, any contribution of toll financing toward the upfront construction costs
should be considered a net gain toward overall transportation funding needs
· The industry is gradually moving toward 100% cashless facilities
- HRT A and start-up North Carolina Turnpike Authority are studying cashless facilities
· Public-Private Partnerships are an alternative that could be pursued
- P 3 's require diligent structuring to avoid future limitations and conflicts
- P 3 estimates in this study show that additional funding would still be required
January 22, 2008
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C IT Y MANA G E R 'S B R IE FIN G
FINANCIAL ANALYSIS FOR DOMINION BOULEVARD/ US 17 AND
SOUTHEASTERN PARKWAY
ITEM # 57223 (Continued)
Financial Analvsis Scenarios - Summarv of Proiects
Scenario Projects(s) Toll Option applied Estimated Capital Non-Toll Amount of
Identification Considered Cost Revenue Funding Gap
($-MILLIONS) Incorporated ($ MILLIONS)
($-MILLIONS)
No tolls on Oak Southeastern Option one (1) $ 2,373 -- ($2,028)
Grove; no Parkway &
supplemental Greenbelt)
revenues
Tolls on Oak Southeastern Option two (2) $ 2,373 -- ($1,906)
Grove; no Parkway &
supplemental Greenbelt
revenues
Tolls on Oak Southeastern Option two (2) $ 2,373 $ 105 --
Grove; includes Parkway &
supplemental Greenbelt
revenues
No tolls on Oak Southeastern Cashless (1) $ 2,333 -- ($ 1,998)
Grove; 100% Parkway &
Cashless Greenbelt
Facility (Open Road Tolling)
No Dominion Boulevard Option one (1 ) $ 453 -- ($ 298)
supplemental
revenues
Includes Dominion Boulevard Option one (1) $453 $ 17 --
supplemental
revenues
Includes Dominion Boulevard Option one (1) $ 453** -- ($ 259)
existing & existing
Chesapeake Chesapeake
Expressway Expressway
100% Cashless Dominion Boulevard Cashless (1) $ 395 ($ 235)
Facility (Open Road Tolling)
Tolls on Oak Combined Option two (2) $ 2,827 -- ($2,152)
Grove; no Southeastern
supplemental Parkway &
revenues Greenbelt
and Dominion
Tolls on Oak Combined Option two (2) $ 2,827 $112 --
Grove; includes Southeastern
supplemental Parkway &
revenues Greenbelt
and Dominion
*Toll Option one (1) reflects no tolls on the Oak Grove Connector while Option two (2) does apply tolls
to the Oak Grove Connector
**Does not include estimated defeasance of existing debt for the Chesapeake Expressway (approx. $91.9-
MILLION).
Robert Matthias, Assistant to the City Manager, advised the City of Chesapeake has been adamant the
Oak Grove Connector and the Southeastern Parkway be considered as one project. There will be a
system of tolls within the region. There will be open road tolling throughout the entire region. There will
be tolling on 1-64 of the Peninsula, the Third Crossing, the Mid Town Tunnel, Downtown Tunnel, 1-64 in
Chesapeake, and Route 460 of the Southeastern Parkway
January 22, 2008
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CITY MANA GER'S BRIEFING
FINANCIAL ANALYSIS FOR DOMINION BOULEVARD/ US 17 AND
SOUTHEASTERN PARKWAY
I ITEM # 57223 (ContinuedO
Dennis W. Heuer, P E, Hampton Roads District Administrator - Virginia Department of Transportation,
advised the toll system is entitled Easy Pass (Smart Tag) in the Northwest Corridor. Mr. Matthias
advised a collection system exists in the southwest portion of the State, where the Billing is contracted.
The Hampton Roads Transportation Authority could contract with VDOT or outsource the responsibility
One is tolled on a basis of how much of the road is utilized.
January 22, 2008
- 12 -
CITY MANA GER'S BRIEFING
1-264 TOLL FEASIBILITY STUDY
ITEM # 57224
Mr. Matthias advised the road originally COST $37-MILLION in 1967. $120-MILLION worth of
improvements was paid for by tolls; however, there have not been any improvements since the 1990s
when tolls were removed. In April 2006, the City approached VDOT re a cost participation toll
feasibility. The total cost of the study was $305,000, of which VDOT paid ninety 90%) percent. The
Virginia Department of Transportation (VDOT) study is approximately eighty (80%) percent complete.
William Thomas, Manager - Michael Baker, Jr., Inc., advised the objective of the 1-264 Feasibility Study
was to investigate the feasibility of using toll-based financing as a means to fund several transportation
improvements to the 1-264 Corridor.
The Transportation improvements in the vicinity of interchanges:
- 1-64
- Newtown Road
Witchduck Road
- Independence Boulevard
- Rosemont Road
- Lynnhaven Parkway
Project specific inputs to the financial model include:
Capital Costs
Toll Revenue
- Additional Revenue Sources
Operations and Maintenance Expenses & Renewal and Replacement Costs
. The consultant team received data prepared by different sources:
- Kimley-Horn
Virginia DOT
City of Virginia Beach
URS Corporation
Review of Project Specific Data Capital Costs
Cost estimate based on 1-264 Corridor Study
"Reduced Impact" Improvement Alternatives
- Reviewed corridor study cost estimates and assumptions
. Developed estimates using Virginia Department of Transportation (PCES) Project Cost
Estimating System
- Included West Pembroke Flyover and 1-6411-264 Interchange
Open road toll collection (J 00% Electronic Toll Collection (ETe)
- Included a 25% contingency
- Revised cost estimate is $1.60-BILLION (2008 $)
· Developed a capital expenditure schedule consistent with:
- Preliminary engineering starting in 2008
- Right-of-Way (ROW) acquisition occurring in 2008 through 2011
Construction starting in 2009 and complete in 2015
Construction costs increase 6.5% I year
- ROW costs increase 10%lyear
· Year-of-Expenditure capital costs is $2.03-BILLION
January 22, 2008
- 13 -
CITY MANA GER 'S BRIEFING
1-264 TOLL FEASIBILITY STUDY
ITEM # 57224 (Continued)
Review of Project Specific Data Toll Revenue
- Updated Hampton Roads Planning District Commission Weekday Toll Model
- Peak period forecasting component to better forecast congestion
- Stratified toll sensitivity by income group
Validated modelfor region and 1-264 study area
- Developed Weekend Travel Estimation Tool
- Collected and analyzed survey data describing weekend travel
- Estimated weekend visitor trips
- Estimated regional weekend trips
Traffic data delineated "summer peak" vs. off-peak seasons
- Determined Tolling Levels
- Performed weekday and weekend toll sensitivity analysis
- Balanced revenue generated from tolls vs. travel volume on 1-264
- Included "value pricing "for weekday peak travel (6:30AM - 8:30AM, and 4PM - 6PM)
- Included commuter discount program
- Assumed distance-based tolls collected by an open road toll collection system (100%
Electronic Toll Collection)
~
~
Tolling Levels
(per mile in Year 2006 U.S. Dollars)
-Base toll amount from 1-64 to Parks Avenue is $2.851
for peak period travel during the weekday
1 - equivalent to $0.47 (1967 US. Dollars); previous mainline toll of$0.25 equivalent to $1.50 (2006 U.S. Dollars)
II
January 22, 2008
- 14 -
C IT Y MANA G E R'S B R IE FIN G
1-264 TOLL FEASIBILITY STUDY
ITEM # 57224 (Continued)
Review of Project Specific Data Toll Revenue
· Developed toll revenue schedule consistent with construction schedule and project opening of
2016
Open road toll collection (100% Electronic Toll Collection Electronic Toll Collection (ETe)
5% reduction in transactions (aversion for some to cashless system)
5% reduction in revenue (uncollectible accounts)
· Applied revenue "ramp-up" discount at 25% for first year of operation
Review of Project Specific Data Operations and Maintenance
· Transaction costs
100% Electronic Toll Collection (ETC ) collection; ETC rate at $0.06/ transaction +
2.2% of toll
· Total maintenance
$25,000/ lane-mile; $20,000/ interchange
· General administration
2% of transaction and maintenance costs
Insurance
- Proportioned Florida Turnpike's insurance cost based on forecasted revenue
· Costs increase
- ETC collection and other costs increase at 3.5% annual inflation
Financial Analysis - Scenario Assumptions
Costs
Capital Expenditure
chedule
enewal & Replacement
aintenance
7-year Design/Build
VDOT Funded
VDOT Funded
Yes
o
7-year Design/Build
Yes
Yes
Yes
Yes
RTA Local Option Yes
ncrease > Inflation rate
(5.25% / year)
ncrease @ inflation rate
(3.5% / year)
ix-Year Implementation Yes
Lan
*75-year concession
January 22, 2008
- 15 -
C IT Y MANA G E R'S B R IE FIN G
1-264 TOLL FEASIBILITY STUDY
ITEM # 57224 (Continued)
Financial Analysis - Additional Revenue Sources
· Six Year Implementation Plan $191.7-MILLION
Hampton Roads Transportation Authority (HRTA) LocalOption $9.8-MILLION Annual
Commercial Real Estate Tax ($6.0-MILLION annual)
Vehicle Registration Fee ($3.8-MILLION annual)
Financial Analysis - Results
Total Capital Cost (YOE)
inancing Capacity]
rivate Equity Contribution
un ding Deficit 2
upplemental Revenue (annual)
ercent Self-Supported
$2,028.4
$725.4
$577.0
($663.9)
YA
69%
67%
YOE - year of expenditure
Millions of u.s. Dollars
] - gross amount of senior and subordinate debt and does not subtract costs of issuance and reserve
requirements
2_ net of interest earned in the constructionfund
Financial Analysis - Summary
· Subject improvements cannot be funded with toll revenue only
· Improvements are nearly 70% self-supporting as a public facility with additional funding
sources
VDOT funded maintenance and system preservation
Toll and supplemental revenues support approx. $1.2-BILLION of senior and
subordinate debt
An additional $50-MILLION annual revenue supplement is necessary for feasibility
· Public/Private partnerships are a viable alternative
Aggressive depreciation and tax assumptions
Targeted returns at 12%
Still requires additional revenues
January 22, 2008
- 16-
C IT Y MANA G E R'S B R IE FIN G
1-264 TOLL FEASIBILITY STUDY
ITEM # 57224 (Continued)
Traffic Impacts - Average Weekday
. Decrease in traffic volume on 1-264 due to tolls causes an increase in traffic volumes on
parallel routes.
· Parallel routes showing the most significant increases are:
Virginia Beach Boulevard
Shore Drive
Ferrell Parkway
Providence Road
Holland Road
Weekda - Peak Period/Peak Director Volume-to-Ca aci
125%
80% - 90%
70% - 85%
60% - 65%
araUel Roadways
Virginia Beach
oulevard
70%
100% 110% 130% 40% - 45% 75% - 80%
120%- 140%-
130% 145%
0%- 11 5% -
110% 120%
130%- 150% -
155% 170%
145%- 150% -
160% 165%
· 1-264, with tolls, is well utilized during the peak travel periods.
. Locations on parallel roadways that experience significant traffic volume increases, have
ample capacity
Most parallel roadway locations operating over-capacity do so with or without tolls on 1-264
Next Steps
· Complete Traffic Impact Analysis
· Risk Analysis
Draft /Final Report
Mr. Matthias advised this would include aflyover from 1-64 westbound onto 1-264 and a completely new
interchange at 1-64 and 1-264. The cost of that project alone is approximately $300-MILLION This also
includes a Flyover in the Pembroke Area (West Pembroke Flyover) being paid at Toll Road costs. Thus,
there would be no City expense to build this Flyover. Mr. Matthias advised the Commonwealth
Transportation Board was notified of a $l-BILLION shortfall in the 6-Year Plan. Approximately $400-
MILLION anticipated funding was lost, as well as $400-MILLION in some other funding sources. The
Federal Transportation Trust Fund is in a cash-loss basis at this time. Two (2) consortiums are
interested in a possible public/private partnership. Mr. Matthias displayed a film re electronic tolling of
the Canadian System, which is a model proposed by the Hampton Roads Transportation Authority.
January 22, 2008
- 17 -
MA YOR 'S COMMENTS
ITEM # 57225
Robert Matthias, Assistant to the City Manager, advised the Navy announced jive (5) alternative sites for
the outlying field: three (3) in Virginia, two (2) in North Carolina. Fort Pickett, in Virginia, and the
Washington Country site have been dropped The Navy will be undergoing approximately a thirty (30)
month Environmental Impact Statement Process. The City Council will be kept informed Congressman
Drake made the announcement prior to the City Council Session.
Mayor Oberndorf advised Admiral Anderson had also advised her of this discussion.
Mr. Matthias advised copies of the maps and a link to the Governor's Website shall be provided
January 22, 2008
- 18 -
CITY COUNCIL'S BRIE FING
MINORITY BUSINESS COUNCIL
2:37 P.M.
ITEM # 57226
Councilman Villanueva noted Members of the Minority Council in attendance, Wanda Cooper -
Secretarial Officer, Bill Brown - Treasurer.
Wanda J Cooper, Secretarial Officer, Minority Business Council, advised the Minority Business Council
was created in 1995 as an advisory body to the City Council. The duties, powers and functions were
defined in Ordinance No 2310, ADOPTED by the City Council C?fVirginia Beach, February 28, 1995.
Duties
Advise City Council on policy and procedural issues
Institute, conduct and engage in educational and training programs to promote the
involvement of minority-owned businesses, small businesses and businesses owned by women
in the public procurement process
Serve as aforumfor the discussion and development of the awareness C?fminority-owned
businesses, small businesses and businesses owned by women of the procurement process
Provide City Council with an annual written report of the Minority Business
Council's activities on or before December Thirty-first C?f each year
Adopt rules and procedures for the conduct of its affairs
SHALL NOT provide advice or assistance in individual procurement solicitations, evaluations,
Vision
To be "The Leading Influence in connecting Contractor Resources with
City Opportunities"
Purpose
The MBC serves as an advisory agency to the City Manager and the City
Council with respect to the City's procurement policies and procedures.
Mission
Advance and facilitate an environment (~f business opportunities,
focusing on increasing expenditures to minority and woman-owned
businesses by the City of Virginia Beach as a means to further the City's
economic development and vitality
Goals
Identify and encourage City agencies and firms projecting the City's
image to fairly reflect Virginia Beach as a City of ethnic and racial
diversity when carryingforward the City's business.
Help achieve and maintain the opportunity for improved minority
business participation levels in the procurement process for goods and
services and construction.
January 22, 2008
- 19 -
CITY COUNCIL'S BRIE FING
MINORITY BUSINESS COUNCIL
ITEM # 57226 (Continued)
Ms. Cooper advisedfour (4) Committees have been established by the Minority Business Council:
Policy: primarily focuses on legislation, ordinances, administrative directives and procedures
Outreach:-primarily focuses on skills development, education, training economic and business
developmentfor SWAM (Small Business, Women and Minority)-owned businesses
Data Collection and Analysis: primarily focuses on collection and analysis of procurement
data related to enhancing SWAM participation
Minority Awareness/Media: primarily focuses on sharing information, building relationships
with SWAM business owners and the community
Ms. Cooper cited accomplishments of the Minority Business Council:
Held the 8th Annual MBC Conference and Expo, November 1, 2006, (320 total attendance; 52
booths)
Hosted networking event in addition to the flagship Conference and Expo:
The Virginia Department of Business Assistance and Virginia Department of Minority
Business Enterprise participated
Conducted a pilot program with Small Business Incubator and Resource Center of Empowerment
2010,Inc for a business refresher
Improved MBC website with on-line education - City Procurement Methods
Developed on-line WMPP (Woman and Minority Participation Plan) form for prime contractors
Participated in the City's African-American History Month celebration Comprehensive Career
F air/Entrepreneurial Workshop
Recognized three businesses at the Annual MBC Conference and Expo
- Minority-Owned Business of the Year - Special Touch, Inc. *
- Woman-Owned Business of the Year - R.E. Mobile Car Wash, Inc.
- Small Business of the Year- A H Environmental
*Special Touch also was nominated by the City and received awards from the US Small
Business Administration as "Young Entrepreneur of the Year"for both Virginia as well
as the Small business Administration (SBA) Region
Participated in selection of the Minority Business Representative for Economic Development
Department
Co-sponsored with the Virginia Department of Business Assistance and Economic Development
"Business on the Beach, " a procurement and business conference
Provided advice and guidance to approximately 370 (SWAM) Small Business, Women and
Minority) owned businesses (emerging and entrepreneurial)
Participated in the Virginia Department of Transportation DBE (Disadvantaged Business
Enterprises) Advisory Committee meeting re initiatives underway to enhance SW AM/DBE
participation
January 22, 2008
- 20-
CITY COUNCIL'S BRIE FING
MINORITY BUSINESS COUNCIL
ITEM # 57226 (Continued)
William R. Brown, Treasurer - Minority Business Council, referenced the results (~f the Bid A ward
Summary Data FY 2007:
Goods and Services
Minority Awards
% to MBEs (Minority Business Enterprises)
$ 85.0-MILLION
$ 5.5-MILLION
6.5%
Construction
Minority Awards
% to MSEs (Minority Business Enterprises)
$ 53.2-MILLION
$ 0.9-MILLION
$ 1.7%
AlE Sen'ices
Minority Awards $0.0 M
% to MBEs (Minority Business Enterprises)
$ 9.2-MILLION
0.0%
lvlinority Awards in the Construction and AlE Services Sectors are low to nonexistent. The Focus is now
on encouraging Prime Contractors to utilize more Minority Business Enterprise subcontractors via
Woman and Minority Owned Business Participation Plans.
Examples:
Clancy and Theys reported 2.6% ($728,000) of $ 27.8-MILLIONM of subcontracting
work went to (Minority Business Enterprise (MBE) subcontractors during the
construction of Sandler Center for the Performing Arts.
Prime Contractors proposed to award $370,000 to MBE subcontractorsfor FY2007
compared to $50,000 in FY2006
MBC Initiatives
2007-2008
Decentralized Procurements
Administrative Directive adopted August 31, 2007 - Need to monitor
and provide training and follow-up.
Contractor Evaluation
Enhance database of minority and woman-owned small
businesses and use of web-based registration for MBC events.
Evaluate future conferences and expos
- Industry Day
- Possible Regional Expos
- Special Events with Speakers
Memorandum of Understanding with City and Department of
Business Assistance; City and United States Small Business
Administration Strategic Alliance Memorandum (SAM)
January 22, 2008
- 21 -
CITY COUNCIL'S BRIE FING
MINORITY BUSINESS COUNCIL
ITEM # 57226 (Continued)
Mr. Brown displayed a graph depicting Percent of Total Expenditures to Minority-Owned Firms (FY
2000) - FY 2007) Asian Americans received $3. 7-MILLLION of the $7.6-MILLION, the "lions' share"
($3.4-MILLION) was awarded to one Asian American.
MBC Initiatives
2007-2008
New policies have been approved - currently being implemented/evaluated
Women Minority Participation Plan (WMPP form, CAP Program, AD 6.09 - only effective
until March 31, 2008)
Long rangeforecastsforfuture procurements "sources sought"
Training and Education
- How to do Business with the City
- Expand web-based training
- Regional opportunities
- Workforce development
Continually improve MSC website - videos of workshops
Minority Business Council (MBC) Associates
Summary
Participation of women and minority businesses in City procurements
not yet reflective of where we are trying to go:
Goals - Minority business owners to receive 10% of expenditures
FUTURE EFFORTS
More frequent and consistent forecasts and sources sought
Implementation of contractor pet:formance evaluation tool
Modify WMPP (Women Minority Participation Plan) form to better capture data on
subcontractors
Departmental training and monitoring of decentralized pet:formance
with new Administrative Directive
Evaluate subcontractor environment for various industries
MBC Associates
Develop partnership with Schools to begin capturing minority expenditure data
Council Members Dyer and Villanueva are Liaisons to the Minority Business Council. Councilman
Villanueva acknowledged Tammy Owens, Minority Business Manager and Barbara Baker-Williams,
Minority Business Coordinator who were in attendance.
January 22, 2008
- 22-
CITY COUNCIL'S BRIE FING
BLUE RIBBON T~ FElJ and SPENDING TASK FORCE - Revenue Report
3:15 P.M.
ITEM # 57227
Robert C. Goodman, Jr., - Chair Revenue Subcommittee, acknowledged the Members of the Revenue
SubcommiUee:
Rosemary Wilson
City Council Liaison
The Honorable Terrie Suit
Delegate - General Assembly
The Honorable Frank Wagner
Delegate - General Assembly
Chandler Scarborough
Council of Civic Organizations
Frederick J. Napolitano
Citizen
Purpose of Subcommittee
. Determine whether City should continue to rely on residential real estate taxes to fund services
. Provide revenue neutral alternatives that would permit a reduction in residential real estate
taxes
.
Personal Property
Taxes, 8.0%
-.I/RuIEstale Tax = $4.7 million
January 22, 2008
- 23 -
CITY COUNCIL'S BRIE FI NG
BLUE RIBBON T~ FEE and SPENDING TASK FORCE - Revenue Report
ITEM # 57227 (Continued)
Guiding Principles
. Needfor fairness in the distribution oftaxes/fees among various taxpayers
. Recognize economic impact of current and proposed alternatives
. Identify consequences of proposed alternatives on neighborhoods & taxpayers
. Identify alternatives that have growth potential linked to the economy
. Identify alternatives that minimize administrative costs to collect
. Propose tax neutral solutions that can be used in conjunction with spending reductions
If City Council wishes a large reduction in owner-occupied residential real estate tax (i.e. 30%), then
other sources of Revenue need to be substituted for the majority of the decrease. Schools and services
need to be preserved.
Committee's Approach
. Look at major sources of revenue that could support a significant reduction in residential real
estate tax rate
. Look at other fees/taxes that there might be a question of fairness and equity
. Examine economic development as a partial solution
. Identify where changes in State Law are needed
Options Considered
. Do nothing
. Lower residential real estate tax rates and substitute a revenue source on a revenue neutral
basis:
request the General Assembly to provide local options for one or more of the following:
. 1 % local income tax - could lower real estate taxes by 15~ (fifteen cents)
. 1 % local sales tax - could lower real estate taxes by 11 ~ ( 11 cents)
Use existing authority
. Personal Property tax - moving to the regional average could lower real estate
by 4~ (four cents)
. Garbage fees - $18 per month could lower real estate by 6 cents per month
. Examine other fees and taxes
. Invest in Economic Development - could grow the economy and reduce the reliance on real
estate taxes
January 22, 2008
- 24-
CITY COUNCIL'S BRIE FING
BLUE RIBBON T~ FEE and SPENDING TASK FORCE - Revenue Report
ITEM # 57227 (Continued)
Recommendations
. 8.1 Regardless of the passage of the homestead provision, City Council should consider
options to lower the real estate tax rate
Support some offset in real estate through lowering expenditures
Pursue General Assembly authority to have a local income tax or sales tax to generate
revenue to allow reduction
. 8.2 Do not adopt the Homestead Exemption without identifying a strategy to address - either
expenditure reductions or off-setting revenues
. 8.3 Consider surplus property for sale for capital investments
. 8.4 Where there are equity issues identified by the Committee, the Council needs to consider
making those revenue adjustments
. 8.5 Thatfees be adjusted at least biennially for inflation to ensure cost recovery
. 8.6 That the City continue strong efforts to stimulate continued economic growth
Work with strategic partners
Identify needed assets: transportation and land and buildings
Use first rate advisors in analysis and negotiation of investment opportunities
Conclusions
. There is "no free lunch"
. There are definitely trust issues that need to be addressed
. Implementation of this report will take
- time,
- energy,
- and leadership!
Mr. Goodman expressed appreciation to the City Manager and stafffor their tremendous assistance.
January 22, 2008
- 25-
CITY COUNCIL'S BRIE FING
BLUE RIBBON T~ FEE and SPENDING TASK FORCE
REPORT OF THE CHAIR
ITEM # 57228 (Continued)
Linwood 0. Branch, Chair - Blue Ribbon Tax, Fee and Spending Task Force, provided the following
recommendations and observations:
Work with the General Assembly
Identify recommendations requiring General Assembly legislation and consider them during the
Legislative Agenda
Work with the General Assembly to identify strategies involving the Homestead Exemption
Both Committees acknowledge the magnitude of this legislation
Expenditure Committee recommended "phasing in over several years" Section
3.1b
Revenue Committee recommended "lower the rate with a substitution of other
revenues" Section 5.6
Continue and Improve on Past Successes
Encourage and support efforts of staff to improve efficiencies and to monitor performance
The Strivingfor Excellence Report documents the efforts of staff to lookfor ways to
save money and seek grantfundingfor City services
The Operating Budget Document highlights performance measures for the 300+ City
services
Monitor the economy of the City and the impact of long-term financial decisions
For eighteen (18) years, the City has provided a Five Year Forecast of economy and
City finances
City provides detailed analysis of the fiscal impact of any major development project in
terms of City services and finances
Continue and Improve on Past Successes
Communication with the Citizens
Almost any major project, be it roads or schools, has significant community input into
design and impacts
City Council has been having Town Hall Meetings on various topics (Storm Water is
February 19th) to seek community input
January 22, 2008
- 26-
CITY COUNCIL'S BRIE FING
BLUE RIBBON T~ FEE and SPENDING TASK FORCE
REPORT OF THE CHAIR
ITEM # 57228 (Continued)
Continue to encourage staff meet with concerned citizen groups on issues of interest
Use technology to maximize communications with the community
Consider the recommendations as a part of the upcoming Biennial Budget process
Continue to move on the thirteen (13) Strategic Growth Aras to expand economic
development as a way to reduce the reliance on residential real estate taxes
Chairman Branch displayed photographs of the Strategic Growth Areas:
Lake Ridge, 1993, which the City purchased at $9500 an acre. Today, Princess Anne
Commons exists on this site, encompassing Sentara, Sportsplex, United States Field
Hockey, Princess Anne Athletic Complex, Landscape Services, New Castle Elementary
School and Sentara.
Atlantic Avenue sidewalks and storefronts and Boardwalk "before and after".
Pembroke -1996 and Today (Town Center)
January 22, 2008
- 27-
CITY COUNCIL COMMENTS
4:15 P.M
ITEM # 57229
Councilman Dyer referenced the fatal accident on Ferrell Parkway, during the inclement weather
situation today (January 22, 2008). There were a number of delays throughout the City. Concern was
expressed re the traffic light sequencing.
Council Lady McClanan expressed concern relative lack of notification from the City and Schools.
David Hansen, Chief of Information and Technology, advised immediately upon the departure of Charles
Meyer, Chief Operating Office, all of the Standard Operating Procedures re Inclement Weather
maintained within the City were reviewed. The Weather event this weekend was not predicted. However,
staff was fully prepared to roll all the essential vehicles and support staff necessary into an "Inclement
Weather Condition". Unfortunately last night, not a single Weather Channel predicted anything but clear
skies. On several reports, this morning, each of the weather forecasters admitted because it was a quick
"shower" occurring from 4:15 A.M to 4:45 A.M There was no modeling in place on the weather
channels. The Director of Public Works and his support staff had four (4) trucks, throughout the night
de-icing the bridges and overpasses (salt and sand mixture). At 6:00 A.M, there were a total of six (6)
trucks operating on the roads and by 6:45 A.M, a total of nine (9) trucks. By 7:15 A.M, a total of twelve
(12) trucks were operating. By 7:45 A.M, nineteen (19) trucks were in operation. Mr. Hansen spoke with
John S. Kalocay, Assistant Superintendent of Virginia Beach Schools, re conditions. High school buses
were already rolling to their first pick-up. By 8:30 A.M, the Police Department was responding to forty-
two (42) separate accidents in Virginia Beach, with far more in the Chesapeake area. Our City Manager
was on the roadfor about 1-If2 hours to 2 hours and in direct contact with the staff. The wet rain hit the
ground which bore a temperature of 29 degrees, thus the "black ice"..
Councilman Villanueva requested a review of the synchronization of traffic lights. The traffic lights at
Princess Anne and Landstown do not appear to be timed. Councilman Diezel advised Memphis has a
master control center where they control every traffic light in the City.
Mr. Hansen referenced an Intelligent Transportation System (ITS) project encompassing approximately
$20-MILLION $1.6-MILLION of City funds has been invested. The rest is the Virginia Department of
Transportation (VDOT) and Federal "dollars". This contract will complete the fiber optic loop and
connect the City's traffic lights to the new automation yard. A Request For Proposal (RFP) is soon to
be submitted.
ITEM # 57230
Council Lady Henley had referenced during the City Council Session of January Eighth the report of the
Historic Sites Organizing Committee which is now scheduledfor a City Council Session in February. The
report from the Historic Sites Organizing Committee should be received. In 1987, Council Lady Henley
had requested this same issue. Lynn Carruth and John Stewart - Libraries, co-chaired a plan for
Historic Preservation. Robert Matthias was also assigned this task. Mr. Matthias oversaw a series of
inventories of historic properties. A lot of the properties contained within these inventories has been lost
due to lack of attention and preservation. The next major effort was in 1997, when Mac Rawls proposed
establishing a revolving fund. Many other cities have successfully accomplished this premise. The
Preservation Partnership was established. This was a Partnership with the City, the local Historical
Society and the Board of Realtors. Ten (10) years later, these representatives are still meeting. A local
historical register has been established. However, there has not been one single property saved through
this effort. The "bottom line" is preservation needs funding. One of the components of the Strategic Plan
listed is to incentivize historic preservation at the Beach. The APZ area in Oceana Gardens is a
wonderful historic area. The General Assembly "holds the strings" to a Tax Incentive Plan. The private
sector is depended upon for assistance.
January 22, 2008
- 28 -
CITY COUNCIL COMMENTS
ITEM # 57230 (Continued)
Councilman DeSteph made a personal Disclosure, pursuant to Section 2.2-3115(G), Code of Virginia, re
City Council discussion of his interest re potential incentives for owners of historic homes The nature of
his personal interest is that he owns a historic home, built in 1860, which is located at 4001 Churchpoint
Road. He is a member of a group (owners of historic homes in Virginia Beach) the members of which
may be affected by actions City Council may take to provide incentives for owners of historic homes.
However, Councilman DeSteph is able to participate in this discussion fairly, objectively, and in the
public's interest. His correspondence dated January 22, 2008, is hereby made a part of the record.
ITEM # 57231
Council Lady Henley referenced on January 8, 2008, the City Council adopted the MOU process: One of
the things reviewed very closely was the portion of this process which states:
"Section 1807. Reservation of powers; severability
(a) Nothing in this Article shall be construed to require the City Council to approve any
application soley because it meets the requirements of this Article, it being the intention of
this Article that the City Council shall be entitled to exercise its authority in such
applications to the fullest extent allowed by law. "
It appeared that this confirmed the City Council still is the "authority". If in this process, the top
echelon of the Planning staff, City Attorney, the Navy and the Developer meet together and then decide
and commenting on issues re neighborhood's, Comprehensive Plan capability, what is left for the City
Council and the public.
The City Manager believe the authority of the City Council had not changed. No additional step in the
process has been added to have the Navy involved prior to the Planning Commission and City Council
process. In the past, the Navy would comment to the Council at the end of the process. The MOU
process was tofacilitate communication, but in no way to replace the authority of the City Council.
The City Attorney advised the MOU process only concerns a focused area re discretionary applications.
When these applications come forth, within the AICUZ footprint. there are certain regulations specific to
the AICUZ footprint. That MOU Committee is commenting and attempting to reach a consensus, in the
Navy's prospective of the manner in which the AICUZ is affected.
Council Lady Henley hoped something has not been created that gives the appearance zoning within the
AICUZfootprint is left to the Navy. These property owners have the same rights, as all the other property
owners that are not in the AICUZfootprint.
The City Attorney advised the applicants are encouraged to meet with the Planning staff. The only
difference, at this particular time, is the presence of the Navy.
Council Lady McClanan expressed concern.
Council Lady McClanan thought the Navy wanted the density protected, as they believed it a deterrent in
the Noise Zones.
January 22, 2008
City e>f Virgir1ia Beach
YBgov.com
BILL DESTEPH
COUNCILMAN - AT-LARGE
PHONE: (757) 496-4646
CELL: (757) 339-6105
BDESTEPH@VBGOV.COM
Reference No: 0035082
January 22, 2008
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Dear Mrs. Fraser:
Re: Disclosure Pursuant to Section 2.2-3115(G), Code of Virginia
Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(G), Code of Virginia, I make
the following declaration:
1. I am executing this written disclosure regarding City Council's discussion of potential
incentives for owners of historic homes.
2. The nature of my personal interest is that I own a historic home, built in 1860, which is
located at 4001 Churchpoint Road.
3. I am a member of a group (owners of historic homes in Virginia Beach) the members of
which may be affected by actions Council may take to provide incentives for owners of
historic homes.
4. I am able to participate in this discussion fairly, objectively, and in the public interest.
Accordingly, I respectfully request that you record this declaration in the official records of City
Council.
Thank you for your assistance in this matter.
Sincere
~
Bill DeS eph
Councilmember
WRD/RRI
2401 COURTHOUSE DRIVE, VIRGINIA BEACH, VIRGINIA 23456
- 29-
CITY COUNCIL COMMENTS
ITEM # 57232
Council Lady Henley expressed concern re the possibility of the Nimmo Quay application being expedited
to City Council in February, as she believes the policy was only routine matters be expedited. This
application has a controversial history.
ITEM # 57233
Councilman Villanueva referenced the City Council has been successful with the Parking at Croatan.
However, the residents on Vanderbilt are requesting additional trash receptacles, as there has been
increased littering in the past couple of years. Public nudity has also increased. Individuals are not
utilizing the "changing facilities ".
Councilman Uhrin was requested to review this problem.
ITEM # 57234
Councilman Dyer requested City staff review the ongoing parking problem at the Courthouse. Citizens
are unable to find parking at the Courthouse and are utilizing a private lot across the street from which
they are being towed. Councilman Dyer requested solutions be proposed.
Council Lady Henley referenced the expanded parking across the Street. Kellam High School is utilizing
the parking. Council Lady Henley requested this usage be reviewed.
The City Manager advised this is the City's Parking Lot and was built for "overflow".
Councilman DeSteph advised before additional restrictions are implemented, other solutions need to be
found. The "bottom line" is to create more parking.
January 22, 2008
- 30 -
AGE N DA REV IE W S E S S ION
5:00 P.M.
ITEM # 57235
2. Resolution SUPPORTING multi-modal accommodations for interim
improvements to City rights-ofway to enhance safety for pedestrians and
cyclists (requested by Council Lady Rosemary Wilson).
This item will be discussed during the Formal Session.
ITEM # 57236
4. Ordinance to A UTHORIZE a temporary encroachment into a portion of City
property, for EARL L. and MARO A. ROYER, to allow construction and
maintenance of brick columns, existing electrical conduits and a brick column
mailbox at 1460 Watersedge Drive (Staffrecommends denial) (DISTRICT 5
- LYNNHA VEN)
This item will be discussed during the Formal Session
ITEM # 57237
5. Ordinance to A UTHORIZE transfer of ten (10) acres of land in Princess
Anne Commons at Dam Neck and Landstown Road to the Virginia Beach
Development Authority (VBDA) for sale to Seven Cities Development
Company, LLC re construction of an indoor baseball/softball and related
sports facility
Councilman DeSteph has concerns re this item to be answered in CLOSED SESSION.
ITEM # 57238
6. Ordinance to TRANSFER $ 797,500from the School's Pupil Transportation
Category to the Operations and Maintenance Category for repair and
replacement of school trucks
Councilman Desteph wished to be assured there was no negative impact or detriment to school bus and
school bus operations. It was more important to focus on school bus, school bus maintenance and
transportation.
January 22, 2008
- 31 -
AGE N DA REV IE W S E S S ION
ITEM # 57239
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
J. RESOLUTIONS/ORDINANCES
1, Resolution SUPPORTING House Bill 11 05 re the General Assembly's
restoration of authority to localities over issues pertaining to Outdoor
Advertising Structures (requested by Council Lady Reba McClanan)
3. Resolution to formally ADOPT the 2008 Virginia Beach Emergency
Operations Plan as required by the Code of Virginia
7. Ordinance to AUTHORIZE acquisition from Nancy H Hodgman of2.910
acres of landfor $600,000 at Shell and Diamond Springs Roads, Lakes
Lawson and Smith, and provide funding from the Open Space Program Site
Acquisition Project; and, the City Manager is to execute all necessary
documents
January 22, 2008
- 32 -
AGE N DA REV IE W S E S S ION
ITEM # 57240
3. Application of AGC ACQUISITION, LLC, for a Change of Zoning District
Classification from AG-2 Agricultural District to Conditional B-4 Mixed Use
District re strip retail and multifamily development at 1291 Nimmo Parkway
(Deferred Indefinitely August 14, 2007) (DISTRICT 7 - PRINCESS ANNE)
This item shall be discussed during the Formal Session and shall be MOVED FORWARD.
ITEM # 57241
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA
K. PLANNING
1. Applications for street closures:
a. WILLIAM G. and JOY M. GOSS for a portion of an alley adjacent to 828
Surjside Avenue, Croatan Beach (DISTRICT 6 - BEACH)
b. MAR Y BEN THOMAS for a portion of an alley adjacent to Mediterranean
Avenue and 24-1/2 Street (DISTRICT 6 - BEACH)
c. SCI VIRGINIA FUNERAL SERVICES, INC. T/A KELLAM FUNERAL
HOME, INC. for a portion of Avenue E (DISTRICT 3- ROSE HALL)
2. Variance to ~4.4(b) of the Subdivision Ordinance that requires all newly created lots
meet the requirements of the City Zoning Ordinance (CZO), Subdivision for
MLADICK MEDICAL ASSOCIATES at Colonial Medical Court and First
Colonial Road
(DISTRICT 5 - LYNNHA VEN)
4. Application of NANTUCKET BY THE BA Y, L.L. C. for the Modification to a
Conditional Change of Zoning request (approved by City Council on October 25,
2005 for S & J LLC) at 3762 Shore Drive and 3707 Stratford Road (Deferred
January 22, 2008) (DISTRICT 4 - BAYSIDE)
5. Application of SOUTH HAMPTON ROADS HABITAT FOR HUMANITY,
INC. for a Change of Zoning District Classiticationfrom R-7.5 Residential to
Conditional A-12 Apartment at Zurich Arch and 1-264 (Deferred June 12 and
Indefinitely August 14, 2007) (DISTRICT 3 - ROSE HALL)
Council Lady McClanan shall vote a VERBAL NAY on Item K.4 (NANTUCKET BY THE BAY, L.L.c.)
SOUTH HAMPTON ROADS HABITAT FOR HUMANITY, INC. shall be DEFERRED, BY
CONSENT
January 22, 2008
- 33 -
ITEM # 57242
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion, consideration oj, or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711 (A)(1)
Council Appointments: Boards, Commissio.ns, Committees,
Authorities and Agencies
Performance of Council Appointees
PUBLICLY-HELD PROPERTY: Discussion or consideration of the,
acquisition, or of the disposition of publicly-held property, where
discussion in an open meeting would adversely affect the bargaining
position or negotiating strategy of the public body pursuant to Section
2.2-3711 (A)(3).
Acquisition/Disposition of City Property: Kempsville District
Beach District
Princess Anne Commons- 7 Cities
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed
into CLOSED SESSION at 5:15 P.M.
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel William R. "Bill" DeSteph, Robert M Dyer, BarbarCl
M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor
Meyera E. Oberndorj, John E. Uhrin, Ron A. Villanueva, Rosemary
Wi~onand JamesL. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
(Closed Session: 5:15 P.M. - 5:45 P.M.)
(Dinner: 5:45 P.M. - 6:00 P.M.)
January 22, 2008
I .
- 34 -
FORMALSESSION
VIRGINIA BEACH CITY COUNCIL
January 22, 2008
6:08 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 22, 2008, at 6:08 P.M
Council Members Present:
Harry E. Diezel, William R. "Bill" DeSteph, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
INVOCATION: Reverend Richard Keever
Bayside Presbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank.
Three (3) years ago, Fulton Financial Corporation ("Fulton Financial'') purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a
"personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the
record.
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of
Goodman and Company and is directly and indirectly involved in many of Goodman and Company's
transactions. However, due to the size of Goodman and Company and the volume of transactions it
handles in any given year, Goodman and Company has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record.
January 22, 2008
- 35 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
(Continued)
Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential
Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the
volume of transactions it handles in any given year, Prudential has an interest in numerous matters in
which she is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record.
January 22, 2008
- 36 -
Item V-E.
CERTIFICATION OF CLOSED SESSION
ITEM # 57243
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered
by Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley,
Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 22, 2008
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM # 57242, Page 33m and in accordance with the provisions of The
Virginia Freedom of Information 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 conformity with Virginia law.
NOJ.f, THEREFORE, BE IT RESOL VED: 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.
G:~~-,,/
Ruth Hodges Fraser, MMC
City Clerk
January 22, 2008
- 37 -
Item V-F.I
ITEM # 57244
Upon motion by CouncilmanDiezel, seconded by Councilman DeSteph, City Council APPROVED the
Minutes of the INFORMAL and FORMAL SESSIONS of January 8, 2008.
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley,
Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
Council Lady Wilson advised she was absent for the majority of the Informal Session January 8, 2008).
She arrived very late during the Closed Session and did not participate in those discussions. She was
returningfrom driving her daughter to Dulles International Airport.
January 22, 2008
Item V-G.2.
ADOPT AGENDA
FOR FORMAL SESSION
BY CONSENSUS, City Council ADOPTED:
- 38 -
ITEM # 57245
AGENDA FOR THE FORMAL SESSION
January 22, 2008
- 39 -
Item V-H.1.
PUBLIC HEARING
ITEM # 57246
Mayor Oberndorf DECLARED a PUBLIC HEARING:
TRANSFER OF PROPERTY - Virginia Beach Development Authority
Dam Neck Road, Landstown Road and Recreation Drive
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
January 22, 2008
- 40-
Item V-J.
RESOLUTIONS/ORDINANCES
ITEM # 57247
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN
ONE MOTION Resolutions/Ordinances 1,3,5 and 7 of the CONSENT AGENDA.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
Council Members Henley and McClanan shall vote a VERBAL NAY on Item J.5 (Seven Cities
Development Company, L.L. C.)
January 22, 2008
- 41 -
Item V-J.1.
RESOLUTIONS/ORDINANCES
ITEM # 57248
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution SUPPORTING House Bill 1105 re the General Assembly's
restoration of authority to localities over issues pertaining to Outdoor
Advertising Structures (requested by Council Lady Reba McClanan)
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 22, 2008
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REQUESTED BY COUNCILMEMBER REBA S. MCCLANAN
A RESOLUTION REQUESTING THE GENERAL
ASSEMBLY TO ENACT HOUSE BILL 1105, PERTAINING
TO OUTDOOR ADVERTISING STRUCTURES
WHEREAS, Delegate Joseph F. Bouchard of Virginia Beach is the patron of
House Bill 1105, pertaining to outdoor advertising structures; and
WHEREAS, if enacted, the bill would effect the following changes to Virginia law:
1. Amend Virginia Code Sections 33.1-370.1 to remove prohibitions against
local ordinances requiring the removal of nonconforming billboards when
the property on which such billboards are located is developed;
2. Amend Virginia Code Section 33.1-370.2 to provide that the
Commonwealth Transportation Commissioner shall approve repairs to
billboards when the cost of repairs does not exceed a dollar amount
greater then fifty per cent (50%) of the original, rather than the current
replacement cost, of a billboard; and
3. Amend Virginia Code Section 33.1-371.1 to limit the jurisdiction of the
Commonwealth Transportation Commissioner to grant "selective pruning"
permits to billboards that are visible from interstate highways, National
Highway System Highways, and highways designated as federal-aid
primary highways as of June 1, 1991;
and
WHEREAS, if enacted, House Bill 1105 would largely restore the provisions that
applied to billboards prior to recent sessions of the General Assembly, during which
local governmental authority over billboards was significantly eroded by the enactment
of legislation sought by the outdoor advertising industry; and
WHEREAS, the enactment of House Bill 1105 would also restore to local
governments an appropriate measure of their traditional authority over local land use
issues; and
WHEREAS, the legislation previously enacted by the General Assembly, which
House Bill 1105 seeks to amend, constituted purely special interest legislation, in that
such legislation benefited, and continues to benefit, only the special interests of the
outdoor advertising industry to the detriment of the public interest and common good;
and
1
46 WHEREAS, the City Council hereby expresses to Delegate Bouchard its
47 appreciation of his patronage and efforts to secure the enactment of House Bill 1105;
48
49 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
50 OF VIRGINIA BEACH, VIRGINIA:
51
52 That the City Council hereby expresses its strong support for the provisions of
53 House Bill 1105, and hereby requests that it be enacted by the General Assembly
54 without substantive amendments to its provisions.
55
56 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
57 BEACH, VIRGINIA:
58
59 That the City Clerk is hereby directed to transmit a certified copy of this
60 Resolution to the Members of the City's General Assembly Delegation.
61
62 Adopted by the City Council of the City of Virginia Beach, Virginia on the .22- day
63 of ,T;::ml1rlry , 2008.
APPROVED AS TO LEGAL SUFFICIENCY:
W~/~.J~~
City Attorney's Office
CA-1 0612
R-1
January 16, 2008
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2008 SESSION
INTRODUCED
086196435
1 HOUSE BILL NO. 1105
2 Offered January 9, 2008
3 Prefiled January 9, 2008
4 A BILL to amend and reenact 99 33.1-370.1. 33.1-370.2. and 33.1-371.1 of the Code of Virginia.
5 relating to outdoor advertising.
6
Patron-Bouchard
Referred to Committee on Transportation
Be it enacted by the General Assembly of Virginia:
1. That ~~ 33.1-370.1, 33.1-370.2, and 33.1-371.1 of the Code of Virginia are amended and
reenacted as follows:
~ 33.1-370.1. Removal of billboard signs under this chapter prohibited without just compensation.
Notwithstanding any other provision of law, no billboard sign subject to this chapter may be
removed by action of a county, city, or town under Chapter 22 (~ 15.2-2200 et seq.) of Title 15.2
without the payment of just compensation by the county, city, or town unless the billboard sign cannot
remain on the property due to the site constraints of the property and removal of the billboard sign is
therefore necessary for development on the property. The property owner may terminate the leasehold or
other right of the billboard sign to remain on the property in accordance with the terms and conditions
of the contract between the property owner and the billboard sign owner, but may not be required to do
so by the county, city, or town as a condition of obtaining development approval for the property, unless
removal of the billboard sign is necessary for development of the property or the billboard sign is
nonconforming iH*i is tfl.e principal ase eR tfl.e property iH*i tfl.e :z,oo.ffig ordinance permits ooly ooe
principal ase.eR tOO property.
~ 33.1-370.2. Maintenance and repair of nonconforming billboard signs.
Notwithstanding any other provision of law, maintenance of and repairs to nonconforming billboard
signs shall be governed by this section and any applicable regulations promulgated by the
Commonwealth Transportation Commissioner, known as the "Control and Continuance of
Nonconforming Signs, Advertisements and Advertising Structure." Nonconforming billboard signs shall
be maintained in a good state of repair and shall be subject to removal for failure to do so, in
accordance with S 33.1-375. In order to make repairs to a nonconforming billboard sign, the owner shall
make a written request to the Commissioner and submit the documentation required by 24 V AC
30-120-170. The Commissioner shall review the written request and if the Commissioner determines that
the cost of requested repairs does not exceed a dollar amount greater than 50 percent of the current
original replacement cost of the entire billboard sign or structure, the Commissioner shall provide the
owner of the billboard sign with a letter approving the billboard sign repairs. However, in no case shall
a nonconforming billboard sign be replaced or rebuilt if the cost of the replacement or rebuilding
exceeds 50 percent of the current original replacement cost. The owner of the billboard sign shall apply
for a building permit from the locality in which the billboard sign is located and provide a copy of the
approval letter from the Commissioner as part of the application for the building permit. The
Commissioner's determination as to whether the owner of the billboard sign has complied with this
section shall be binding upon the locality, unless the building official, for good cause shown, submits to
the Commissioner documentation objecting to the Commissioner's determination, within 30 days of the
building permit application, with a copy of such documentation being provided to the billboard sign
owner. The Commissioner shall consider any documentation submitted by the building official and shall
reissue a determination in accordance with this section, which determination shall be binding upon the
locality.
S 33.1-371.1. Selective pruning permits; fees; penalty.
Notwithstanding the provisions of S 33.1-353 or any other provision of law:
I. The Commonwealth Transportation Commissioner shall by permit authorize the selective pruning,
within highway rights-of-way, as highways are defined ffi ~ 33.1 351, within the jurisdiction of the
Commissioner pursuant to 9 33.1-353. including within corporate limits of municipalities, of vegetation
that obstructs motorists' view of signs displayed on outdoor advertising structures legally erected and
properly maintained along the highways. Permits authorizing such pruning shall be issued in accordance
with this section.
(a) All work performed under the permit shall be (i) subject to the direction of the Commissioner or
his designee, (ii) supervised on-site by a certified arborist approved by the Commissioner, (iii)
completed to the satisfaction of the Commissioner or his designee, and (iv) performed solely at the
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HB 1105
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59 expense of the permittee.
60 (b) All pruning shall be perlormed in a manner that (i) creates a picture frame effect around the sign
61 and (ii) beautifies the area surrounding the advertising structure. All cutting shall be limited to
62 vegetation with trunk base diameters of less than six inches. Pruning cuts of limbs or branches or other
63 vegetation with diameters greater than four inches and clear cutting shall not be authorized and shall be
64 strictly prohibited. Pruning of vegetation in a highway median shall not be permitted where the locality
65 within which the pruning is to be done has a local beautification project, as defined in this section, in
66 the area within the scope of the selective pruning applicationt hO'.vever, relocation 9f replanting ef &Hffi
67 vegetation ffial.l be permitted ffi accordance with a landscaping f*im as provided ffi tffis. sootffifl.
68 (c) Any diseased or unsightly vegetation or any vegetation that endangers the health or retards the
69 growth of desirable vegetation may be removed at the discretion of the certified arborist supervising the
70 work. Any such removed vegetation shall be replaced at the permittee's expense with desirable
71 vegetation.
72 2. The requirements of this section shall not apply to the owner or authorized agent of the owner of
73 any sign, advertisement, or advertising structure exempted from the provisions of this article by
74 S 33.1-355.
75 3. The Commissioner shall promulgate such regulations as he deems necessary or desirable to carry
76 out the provisions of this section. Such regulations shall include but not necessarily be limited to the
77 following requirements:
78 (a) Every application for a permit submitted under this section shall be accompanied by photographs
79 of the affected site and a detailed description of work proposed to be perlormed.
80 (b) A fee of $400 shall accompany every application made to the Commissioner, or if applicable, to
81 the locality within which the pruning is to be perlormed. All such fees collected by the Commissioner
82 shall be paid by the Commissioner into the state treasury, allocated to the Commonwealth Transportation
83 Board.
84 (c) Every applicant shall post a bond payable to the Commonwealth, with surety approved by the
85 Commissioner and in a form approved by the Attorney General, in the sum of $2,500, conditioned on
86 the permittee's fulfillment of all requirements of the permit.
87 (d) No permit shall be issued under this section in order to create a new site for an outdoor
88 advertising structure,
89 4. Where the applicant is seeking a vegetation control permit in a locality where the public
90 right-of-way is within the jurisdictional limits of a city or town on a highway or street not within the
91 jurisdiction of the Commissioner under S 33.1-353 or on a highway or street in a county having the
92 county manager form of government, the Commissioner shall delegate the administration of this section
93 to that locality and, if so delegated, the locality shall apply the provisions of this section.
94 5. If there are plant materials in the public right-of-way that are part of a local beautification project,
95 the Commissioner or the locality, as the case may be, may include a requirement, in accordance with the
96 provisions of subdivisions 4 through 7, that, as a condition of the issuance of a vegetation control permit
97 for selective pruning, the applicant submit a landscaping plan, showing how the applicant will relocate
98 or replant the vegetation obstructing the motorists' view from the main traveled way of the highway or
99 street of signs displayed on outdoor advertising structures, in lieu of the selective pruning of such plant
100 materials. For purposes of this section, "local beautification project" means any project in a locality that
101 includes installation of plant materials, using public or other funds, in any public right-of-way within a
102 city or town or on a highway or street in a county with the county manager form of government. In the
103 absence of the existence of a local beautification project in the area within the scope of the selective
104 pruning application, no landscaping plan requirement shall be imposed on the applicant.
105 6. If subdivision 5 is applicable, the applicant shall pay the reasonable costs of implementing the
106 landscaping plan, which may include but not be limited to, relocating existing plant materials,
107 purchasing new replacement plant materials, and planting vegetation that will not grow to a height or
108 position in the future so as to obstruct motorists' view from the main traveled way of the highway or
109 street of signs displayed on outdoor advertising structures, as otherwise set out in the landscaping plan.
110 7. The provisions of subdivisions 4 through 7 shall apply to any local beautification project installed
111 prior to July I, 2006. On and after July I, 2006, the locality shall not plant materials that obstruct
112 motorists' view from the main traveled way of the highway 9f street highways within the jurisdiction of
113 the Commissioner pursuant to S 33.1-353 of signs displayed on outdoor advertising structures.
114 8. Any application for vegetation control in compliance with this section submitted to the
115 Commissioner shall be approved within 60 days of submission or shall be deemed approved. Any
116 application for vegetation control in compliance with this section submitted to any city or town or on a
117 highway or street in a county with the county manager form of government shall be approved within 60
118 days of submission or shall be deemed approved. The locality may impose conditions in approval of the
119 landscaping plan consistent with this section and the regulations promulgated thereto. If the locality is
120 not satisfied that the landscaping plan submitted by the applicant complies with this section, the locality
3 of 3
121 may appeal to the Commissioner f*** te the expiration ef tR8 @...6ay ~ ffeffi tfle 6ate ef
122 submission within 10 days after the final action by the Commissioner. If the applicant objects to the
123 conditions imposed by the locality as part of the approval of the landscaping plan, the applicant may H
124 appeal to the Commissioner within 10 days after the final action by the locality. The appealing party
125 shall submit a written appeal to the Commissioner, stating the reasons for such appeal, alBRg w-itIl and, 2:
126 if the applicant is the appealing party, a fee of $400. The Commissioner shall review the landscaping ~
127 plan and the reasons for the appeal and shall issue a determination in accordance with this section r;J
128 within 30 days after filing of the appeal, which determination shall be binding upon the applicant and ~
129 the locality. 0
130 9. Upon issuance of a vegetation control permit in accordance with this section, the applicant shall
131 give written notice, at least seven days in advance of any site work, as authorized by the permit, of the t-4
132 date and time of the commencement of the site work as approved by the permit. Such written notice V
133 shall be given to the Commissioner unless the public right-of-way is within the jurisdictional limits of a q
134 city or town on a highway or street not within the jurisdiction of the Commissioner under S 33.1-353, in n
135 which case, the written notice shall be given to the local government official who approved the permit.
136 10. Any person found by a court of competent jurisdiction to have violated any provision of this ....
137 section, any regulation adopted pursuant to this section, or any permit issued under this section, shall, in L-.1
138 addition to the penalties provided in S 33.1-377, be prohibited by the court from applying for any other tj
139 permit under this section for a period of not more than five years.
::r:
t:O
......
......
o
Vl
- 42-
Item V-J.2.
RESOLUTIONS/ORDINANCES
ITEM # 57249
Phil A. Davenport, Public Works, displayed a series of slides, depicting areas where staff does not believe
the road could not be widened due to location of ditches, guard rails, etc. (would require major roadway
renovations). Additional slides depict widening of roads may be feasible. The cost for widening two (2)
feet next to the road on a mile of two-foot section would be approximately $80,000. This would entail
construction work.
The following registered in SUPPORT:
Steven Zeligman, 1663 Dylan Drive, Phone: 285-9085, Touring Vice President - Tidewater Bicycle
Association
Bill Hart, 1553 Swordancer Drive, Phone; 425-1532, Board Member- Virginia Bicycle Federation and
Treasurer - Tidewater Bicycle Association and Member - Fat Frogs Racing Team
Will Hart, 1294 Diamond Springs Road, Suite 200, Phone: 404-9776, President - Northside Civic
League,
was injured in a 2006 bicycle accident by a truck.
Angela Hathaway, 1104 Gaymon Court, Phone: 961-6985, Member - Tidewater Bicycle Association
Glen Knutson, representing Coastal Racing Club, 830 Carolina Avenue, Phone: 422-3392
Christopher Felton, 809 Crepe Myrtle Cove, Phone: 499-0360, Chairman - City's Bikeways and Trails
Commission
Upon motion by Council Lady Wilson, seconded by Councilman Diezel, City Council ADOPTED:
Resolution SUPPORTING multi-modal accommodations for interim
improvements to City rights-of-way to enhance safety for pedestrians and cyclists
(requested by Council Lady Rosemary Wilson). (Deferred on January 8, 2008)
Mayor Oberndorfindicated her SUPPORT, but had to leave (7:10 P.M.) She would be driving to
Washington, D.C. to attend the U.S. Conference of Mayor's and must be there by 7:00 A.M. in the
morning.
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley,
Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
January 22, 2008
I RESOLUTION SUPPORTING MULTI-MODAL
2 ACCOMMODATIONS FOR INTERIM
3 IMPROVEMENTS TO THE CITY RIGHTS-OF-WAY
4
5
6 WHEREAS, the City Council of the City of Virginia Beach is concerned with making
7 reasonable accommodations for the various users of the City's public roads, including
8 motor vehicles, pedestrians and bicyclists; and
9
10 WHEREAS, the City Council desires to provide accommodations for multiple modes
II of transportation within its rights-of-way; and
12
13 WHEREAS, current standards and practices require multi-modal accommodations,
14 including bicycle and pedestrian accommodations, whenever possible and feasible when
15 permanent roadway improvements are designed to their ultimate width and location as
16 shown in the Master Transportation Plan; and
17
18 WHEREAS, the City Council also desires, when roadway improvements of an
19 interim nature are being designed, that reasonable accommodations be made to enhance
20 the safety of pedestrians and bicyclists, if feasible.
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24
25 When roadway improvements of an interim nature are being designed, reasonable
26 accommodations to enhance the safety of pedestrians and bicyclists shall be included in
27 the plans, if feasible, as dictated by project purpose, project site constraints and project
28 budget.
29
30 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of
31 ,lrlnllrlry ,2008.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~~
Department of Public Works
d:a, I
City Attorney's Office
"
CA 10333
R-1
12/27/07
V:\applications\citylawprod\cycom32\Wpdocs\D030\P002\00046044. DOC
1
- 43 -
Item V-J.3.
RESOLUTIONS/ORDINANCES
ITEM # 57250
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution to formally ADOPT the 2008 Virginia Beach Emergency
Operations Plan as required by the Code of Virginia
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 22, 2008
1 A RESOLUTION FORMALLY ADOPTING THE JANUARY
2 2008 VIRGINIA BEACH EMERGENCY OPERATIONS
3 PLAN
4 WHEREAS, the City of Virginia Beach Fire Department, Office of Emergency
5 Services, regularly and routinely publishes and updates an Emergency Operations Plan
6 for the City of Virginia Beach; and
7
8 WHEREAS, effective July 1,2007, the Code of Virginia S 44-146.19.E. required
9 the City of Virginia Beach to formally adopt the updated and revised City of Virginia
10 Beach Emergency Operations Plans every four years; and
11
12 WHEREAS, the revision of the City of Virginia Beach Emergency Operations
13 Plan is complete and City Council members were briefed on the content of the Plan on
14 January 8, 2008.
15
16 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA:
18
19 That the City of Virginia Beach hereby formally adopts the updated and revised
20 January 2008 Virginia Beach Emergency Operations Plan.
21
22 Adopted by the City Council of the City of Virginia Beach, Virginia, this 22nd
23 day of January , 2008.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~t-(
Fire Department
CA 10605
R-3
January 11, 2008
- 44-
Item V-J.4.
RESOLUTIONS/ORDINANCES
ITEM # 57251
Earl L. Royer, 1460 Watersedge Drive, Phone: 340-2213, spoke in SUPPORT ofhis application
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to AUTHORIZE a temporary encroachment into a portion of
City property, for EARL L. and MARO A. ROYER, to allow
construction and maintenance of brick columns, existing electrical
conduits and a brick column mailbox at 1460 Watersedge Drive (Staff
recommends denial) (DISTRICT 5 - LYNNHA VEN)
The following conditions shall be required:
1. The Temporary Encroachment shall be constructed and maintained in accordance
with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in
accordance with the City's specifications and approval.
2. Nothing shall prohibit the City from immediately removing or ordering the removal of
all or any part of the encroachment in the event of an emergency or public necessity,
and applicant shall bear all costs and expenses of such removal.
3. The Temporary Encroachment herein authorized terminates upon notice by the City
to the applicant, and that within thirty (30) days after the notice is given, the
Temporary Encroachment must be removed from the Encroachment Area by the
applicant; and that the applicant will bear all costs and expenses of such removal.
4. The applicant shall indemnify and hold harmless the City, its agents and employees,
from and against all claims, damages, losses and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend an action arising out of
the location or existence of the Temporary Encroachment.
5. Nothing herein contained shall be construed to enlarge the permission and authority
to permit the maintenance or construction of any encroachment other than that
specified herein and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other than the
applicant.
6. The applicant agrees to maintain the Temporary Encroachment so as not to become
unsightly or a hazard.
7. The Application agrees that no open cut in the public roadway will be allowed except
under extreme circumstances and must have final approval from the Highway
Operations Division of the Department of Public Works.
8. Applicant must post a bond or other security in the amount of two times their
engineer's cost estimate to guard against damage to city property or facilities during
construction.
January 22, 2008
- 45 -
Item V-J.4.
RESOLUTIONS/ORDINANCES
ITEM # 57251 (Continued)
9. The applicant must obtain a permit from the Office of Development Services
Center/Planning Department prior to commencing any construction within the
Encroachment Area.
10. The applicant 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 applicant 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 applicant 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 applicant assumes all responsibilities
and liabilities, vested or contingent, with relation to the Temporary Encroachment.
11. The encroachment must conform to the minimum setback requirements as established
by the City.
12. The City, upon revocation of such authority and permission so granted, may remove
the Temporary Encroachment and charge the cost thereof to the applicant, and
collect the cost in any manner provided by law for the collection of local or state
taxes; may require the applicant to remove the Temporary Encroachment; and
pending such removal, the City may charge the applicant 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 applicant; 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.
Voting: 8-2
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin and
Ron A. Villanueva
Council Members Voting Nay:
Rosemary Wilson and James L. Wood
Council Members Absent:
Mayor Meyera E. Oberndorf
January 22, 2008
1 Requested by Department of Public Works
2
3
4 AN ORDINANCE TO AUTHORIZE
5 TEMPORARY ENCROACHMENTS
6 INTO A PORTION OF CITY
7 PROPERTY KNOWN AS THE 10
8 FOOT RIGHT-OF.WAY IN FRONT
9 OF 1460 WATERSEDGE DRIVE,
10 FOR PROPERTY OWNERS EARL L.
11 AND MARO A. ROYER
12
13
14 WHEREAS, Earl L. and Maro A. Royer desire to construct and maintain six
15 (6) brick columns, maintain fourteen (14) existing brick columns, maintain twenty
16 (20) existing electrical conduits, and maintain one existing brick column mailbox in
17 a portion of City property known as the 10 foot right of way, located in the front of
18 1460 Watersedge Drive, Virginia Beach, Virginia.
19
20 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-
21 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments
22 upon the City's property subject to such terms and conditions as Council may
23 prescribe.
24
25 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
26 OF VIRGINIA BEACH, VIRGINIA:
27
28 That pursuant to the authority and to the extent thereof contained in 99
29 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, Earl L. and Maro
30 A. Royer, their heirs, assigns and successors in title are authorized to construct
31 and maintain six (6) brick columns, maintain fourteen (14) existing brick columns,
32 maintain twenty (20) existing electrical conduits, and maintain one existing brick
33 column mailbox in a portion of City property known as the 10 foot right-af-way in
34 front of 1460 Watersedge Drive as shown on the map labeled Exhibit "A" and
35 entitled: "EXHIBIT SHOWING PORTION OF LOT B-1 SUBDIVISION OF LOT B,
36 SUBDIVSION OF PARCEL NO.6, SUBDIVISION OF EASTERN PART OF LAND
37 J.K. PARKER "PARKVIEW MANOR", a copy of which is on file in the Department
38 of Public Works and to which reference is made for a more particular description;
39 and
40
41 BE IT FURTHER ORDAINED, that the temporary encroachments are
42 expressly subject to those terms, conditions and criteria contained in the
43 Agreement between the City of Virginia Beach and Earl L. and Maro A. Royer (the
44 "Agreement"), which is attached hereto and incorporated by reference; and
45
46 BE IT FURTHER ORDAINED, that the City Manager or his authorized
47 designee is hereby authorized to execute the Agreement; and
48
49 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until
50 such time as Earl L. and Maro A. Royer and the City Manager or his authorized
51 designee execute the Agreement.
52
53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day
54 of January ,2007.
R-1
PREPARED: 6/05/07
~a~{ C.~Pr\. ttD
BLlC WORKS, REAL ESTATE
APPROVED AS TO CONTENTS
CA-10300
X:\OI D\REAL EST A TE\Encroachments\PW Ordinances\CA 10300 Royer Ordinance.doc
V:\applications\citylawprod\cycom32\Wpdocs\D028\P002\0003064 7. DOC
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
Exemption Pursuant to Section 58.1-811(C )(4)
THIS AGREEMENT, made this 15-r0 day of _ Oc-6t)-f v'
, 2007, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation,
Grantor, "City", and EARL L. ROYER and MARO A. ROYER, THEIR HEIRS, ASSIGNS
AND SUCCESSORS IN TITLE, "Grantee", even though more than one.
WIT N E SSE T H:
That WHEREAS, the Grantee is the owner of that certain lot, tract, or
parcel of land designated and described as "Lot B-1", as shown on plat entitled,
"SUBDIVISION OF LOT B, SUBDIVISION OF NO.6, SUBDIVISION OF EASTERN
PART OF LAND J.K. PARKER "PARKVIEW MANOR"," and said plat is recorded in the
Clerk's Office of the Circuit Court in the City of Virginia Beach, Virginia, in Map Book
157 at Page 55, and being further designated and described as 1460 Watersedge
Drive, Virginia Beach, Virginia 23452;
WHEREAS, it is proposed by the Grantee to construct and maintain six (6)
brick columns, maintain fourteen (14) existing brick columns, maintain twenty (20)
existing electrical conduits, and maintain one existing brick column mailbox, collectively
the "Temporary Encroachment", in the City of Virginia Beach;
GPIN 1499-00-2012-0000
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of existing City
property known as the 10 foot right of way in front of 1460 Watersedge Drive, the
"Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the
City doth grant to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain plat entitled: "EXHIBIT SHOWING
PORTION OF LOT B-1 SUBDIVISION OF LOT B,
SUBDIVSION OF PARCEL NO.6, SUBDIVISION OF
EASTERN PART OF LAND J.K. PARKER "PARKVIEW
MANOR" VIRGINIA BEACH, VIRGINIA," 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
Encroachments from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
2
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 atter 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, construction, or
existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further understood and agreed that the Grantee agrees that no open
cut of the public roadway will be allowed except under extreme circumstances.
Requests for exceptions must be submitted to the Highway Operations Division,
Department of Public Works, for final approval.
3
It is further expressly understood and agreed that prior to issuance of a
right of way/utility easement permit, the Grantee must post a bond or other security in
the amount of two times their engineer's cost estimate, to the Office of Planning
Department to guard against damage to City property or facilities during construction.
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 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 Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
4
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, Earl L. Royer and Maro A. Royer, the said
Grantee, have caused this Agreement to be executed by their signatures. Further, that
the City of Virginia Beach has caused this Agreement to be executed in its name and on
its behalf by its City Manager and its seal be hereunto affixed and attested by its City
Clerk.
5
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
,CITY MANAGER/AUTHORIZED
, 2007, by
DESIGNEE OF THE CITY MANAGER.
Notary Public
Notary Registration Number:
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2007, by RUT; HODGES FRASER, City Clerk for the CITY OF
VIRGINIA BEACH.
Notary Public
Notary Registration Number:
My Commission Expires:
6
@6?k
Earl . Royer
~~Q~
Maro . Royer 2..
:::>
STATE OF
CITY/COUNTY OF VUl 8GJ-.~tA. , to-wit:
The foregoing instrument was acknowledged before me this (2 5 rH day of
f}Q;foU-w
I 2007, by Earl L. Royer.
~ I) ()J~
Nota Pu bllc
Notary Registration Number: 4f 2q.0'3 f 0
My Commission Expires: 1/31/0 q
-- .- - -
VeL BefLU
AYANNA R. WILLIAMS
Notary Public
Commonwealth of Virginia
240380 ·
l My Commission Expires Jan 31. 2009 .
----~--
... --
STATE OF
CITY/COUNTY OF
, to-wit:
'-/-I-
The foregoing instrument was acknowledged before me this 25 I day of
QJlJ~ ,2007, by Maro A. Royer.
~Mh1 rQ {~
No ry Public
Notary Registration Number:
My Commission Expires:
~f~O~ ru
l/. I ()'
- -
. AYANNA R. WILLIAMS
Notary Public
CommonWealth of Virginia
240380
l My Commission Expires Jan 31. 2009
~
.
- ...
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
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G:\USERS\SHARED\WP80\RE\Real Estate Forms\WORD DOCS\ENCROACHMENTS\ENCROACHMENT.AGREEMENT.doc
7
NOlES; EX t-{ I B' IT \\ A~
1) THIS SURVEY WAS PERFORMED W1iHOUT THE BENEFIT
OF A lITlE REPORT AND MAY NOT SHOW ANY/All
EASEMENTS OR RESTRICTIONS THAT MAY AFFECT SAID
PROPERTY AS SHOWN.
P~OPOSED B~ICK
COI..CJMN:5 AND
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CONDUIT
(TYPICAL)
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i AND/OR LOCA llON OF UNDERGROUND UTILITIES.
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VBgov.com
PUBLIC WORKS
REAL ESTATE
(757)-385-4161
FAX (757) 385-4461
TOD (757) 385-4305
MUNICIPAL CENTER
BUILDING NUMBER 2
2405 COURTHOUSE DRIVE
VIRGINIA BEACH. VA 23456-9030
December 13,2007
Neighbor
Waters edge Drive
Virginia Beach, V A 23452-6222
Dear Neighbor:
The City of Virginia Beach is currently considering an encroachment application submitted by Earl and Maro Royer
residing at 1460 Watersedge Drive in Virginia Beach. They are requesting permission to construct and maintain six
(6) brick columns, maintain fourteen (14) existing brick columns, and maintain twenty (20) existing electrical
conduits in a portion of City property known as the 10 foot right of way located in front of 1460 Watersedge Drive,
Virginia Beach Virginia.
By installing the brick columns and electrical conduits, the property owners are attempting to prevent further
damage to their landscaping from vehicles, and, in addition, to encourage vehicles traveling on Waters edge to
reduce speed.
City Staff has reviewed the requested encroachments and has recommended denial because the brick columns could
potentially create problems for maintenance and garbage collection crews that are in the area. Additionally, the
brick columns could create a hazard to vehicular traffic as well as an increased likelihood of accidents from
bicyclists/and or pedestrians traveling along Watersedge Drive.
As the proposed encroachment could affect residents in the area, the City would like to obtain your input. Please
mark as indicated in the space provided on the next page and return to this office by January 7,2008. The decision
whether or not to approve the encroachment will be made by City Council on January 22, 2008. Please be aware
that you are more than welcome to attend this Council meeting and voice any additional concerns that you may have
as well.
Your input is valued and greatly appreciated.
James C. Lawson, City Real Estate Agent
Attachment (1)
cc: Phil Davenport, Interim Director Public Works
Rebecca Kubin, City Attorney's Office
Please indicate one (1):
o We support the encroachment application submitted by Earl and Maro Royer residing at 1460 Waters edge
Drive in Virginia Beach.
Comments:
Name:
Address:
o We DO NOT support the encroachment application submitted by Earl and Maro Royer residing at
1460 Watersedge Drive in Virginia Beach.
Comments:
Name:
Address:
Please return to:
City of Virginia Beach
Public Works/Real Estate
2405 Courthouse Drive, Building 2
Virginia Beach, VA 23456
City e>f -V-1rgirria. Bea.ch
PUBLIC WORKS REAL ESTATE
757-385-4161
FAX (757) 385-4456
TOD (757) 385-4305
VBgov.com
MUNICIPAL CENTER
BUILDING NUMBER TWO
2405 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9030
MEMORANDUM
DATE: January 15, 2008
TO: Homeowner/Occupants along Watersedge Drive and Watersedge Court
FROM: Ayanna R. Williams ~ DEPT: PW/Real Estate
RE: Encroachment Request - Brick Columns
GPIN: 1499-00-2012
In reference to the letter mailed to you and dated December 13, 2007, please be
reminded that the decision whether or not to approve the above encroachment will be
made by City Council on January 22,2008 at 6pm in Council Chambers (2401
Courthouse Drive, Bldg. 1, 2nd floor). This memo is to serve as a reminder that you are
encouraged to attend this Council meeting and voice any additional concerns that you
may have.
If you should have any questions or concerns, please feel free to contact this office at
757-385-4161.
Thank you.
arw
cc: Phil Davenport, Interim Director, Public Works
Please indicate one (1):
~
We support the encroachment application submitted by Earl and Maro Royer residing at 1460 Watersedge
Drive in Virginia Beach.
Co ents:
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D We DO NOT support the encroachment application submitted by Earl and Maro Royer residing at
1460 Watersedge Drive in Virginia Beach.
Comments:
Name:
Address:
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\ DEe 27 2007 )
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Please return to:
City of Virginia Beach
Public Works/Real Estate
2405 Courthouse Drive, Building 2
Virginia Beach, VA 23456
Please indicate one (I):
00 We support the encroachment application submitted by Earl and Maw Royer residing at 1460 Waters edge
Drive in Virginia Beach,
Comments:
Tlte: i...1/}-H.S (.f.J ThO: j><'SlS' HEL.r S/HL~ ,~~ c-u,;vE. (\~ Tt+( P-.CA~"'t7 ""fT-HI. 'THAt
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AN\) -;-v->o C"~s.- CJ>..j\J vi"S!> .F N~; Srf:;6bi^",(~.
Name: .10 riA.) 'f ,j IL-L CAM PSt LL.
Address: 1416 W7\'TfRH'l>(;E\)\:lvj:"
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We DO NOT support the encroachment application submitted by Ea~I'w.1,~ l'v'A~er residing at
1460 Watersedge Drive in Virginia Beach. '. -~-
Comments:
Name:
Address:
Please return to:
City of Virginia Beach
Public Works/Real Estate
2405 Courthouse Drive, Building 2
Virginia Beach, VA 23456
Please indicate one (I):
[jJ We support the encroachment application submitted by Earl and Maro Royer residing at 1460 Watersedge
Drive in Virginia Beach.
Comments:
'7- ,1,' / '7, . ".. , ,
Name: ;> r{..c 'i; Ii. ... / ,;;(.'''{~. {, ~ / tl ,({ Fit' J
, . (,
Address: j/fJ/{) IUfLfers l.t'-~fe.. I){', /.(/~
D We DO NOT support the encroachment application submitted by Earl and Maro Royer residing at
1460 Watersedge Drive in Virginia Beach.
Comments:
Name:
Address:
Please return to:
City of Virginia Beach
Public Works/Real Estate
2405 Courthouse Drive, Building 2
Virginia Beach, VA 23456
/
{
Please indicate one (1):
o We support the encroachment application submitted by Earl and Maw Royer residing at 1460 Watersedge
Drive in Virginia Beach.
Comments:
Name:
Address:
[k(
We DO NOT support the encroachment application submitted by Earl and Maro Royer residing at
1460 Watersedge Drive in Virginia Beach.
Comments: ,.
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Name~~~ A'. ~~
Address: -<."? /~ ~~od~ Af4..-
Please return to:
City of Virginia Beach
Public Works/Real Estate
2405 Courthouse Drive, Building 2
Virginia Beach, VA 23456
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Please indicate one (1):
~
We support the encroachment application submitted by Earl and Maro Royer residing at 1460 Watersedge
Drive in Virginia Beach.
comm.ep.ts: ,
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Address: ) Lj tv L! W 0..\... t J2->-L.-?~ot ~ t)t'L'
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We DO NOT support the encroachment apphcatlOn submItted by Earl and Maro Royer residing at ''''''~".."Y'
1460 Waters edge Drive in Virginia Beach.
Comments:
Name:
Address:
Please return to:
City of Virginia Beach
Public Works/Real Estate
2405 Courthouse Drive, Building 2
Virginia Beach, VA 23456
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Please indicate one (1):
g./ We support the encroachment application submitted by Earl and Maro Royer residing at 1460 Watersedge
Drive in Virginia Beach.
Comments:
Name: ~t//h I' C~/ ~<'7.P?~"-
Address: /'7;J y oJdA/rr"4~ :;2),...- ~
o We DO NOT support the encroachment application submitted by Earl and Maro Royer residing at
1460 Watersedge Drive in Virginia Beach.
Comments:
Name:
Address:
Please return to:
City of Virginia Beach
Public Works/Real Estate
2405 Courthouse Drive, Building 2
Virginia Beach, VA 23456
Please indicate one (1):
o We support the encroachment application submitted by Earl and Maro Royer residing at 1460 Watersedge
Drive in Virginia Beach.
Comments:
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Address: / /-; 'j)/.f [I..b..--:;/I A....." >y,.i (' 'J
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Name: i
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D We DO NOT support the encroachment application submitted by Earl and Maro Royer resi~L..
1460 Waters edge Drive in Virginia Beach.
Comments:
J
Name:
Address:
Please return to:
City of Virginia Beach
Public Works/Real Estate
2405 Courthouse Drive, Building 2
Virginia Beach, VA 23456
Please indicate one (I):
@
We support the encroachment application submitted by Earl and Maro Royer residing at 1460 Watersedge
Drive in Virginia Beach.
Comments:
1: (')u~f>ort ~\ s c-..pP II c~ -t-'I' (",- . L L~v...tL cJ;
~ ~ 9~ ~ D Y- ~ R.o~ -+- hou-Q. Y"\.o-t-
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Name:. OO~J ~. Go.-~\; ~~ po.{'t-~ 0 ~ \2..c-~
Address: IS-~\ \....)~\-'t:-\s ~~~. ~~~~~~
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~~~~
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We DO NOT support the encroachment application submitted by Earl and Maro Royer residing at
1460 Watersedge Drive in Virginia Beach.
Comments:
Name:
/
Address:
Please return to:
City of Virginia Beach
Public Works/Real Estate
2405 Courthouse Drive, Building 2
Virginia Beach, VA 23456
Please indicate one (1):
Hf
We support the encroachment application submitted by Earl and Maro Royer residing at 1460 Watersedge
Drive in Virginia Beach.
Comments: r7 n "\
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Address: ltfY1 W ~ d-ery-cJ1/ O).v- J~3 J ~
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We DO NOT support the encroachment application submitted by Earl and Maro Royer residing at .~-
1460 Watersedge Drive in Virginia Beach.
Comments:
Name:
Address:
Please return to:
City a/Virginia Beach
Public Works/Real Estate
2405 Courthouse Drive, Building 2
Virginia Beach, VA 23456
Please indicate one (I):
R We support the encroachment application submitted by Earl and Maro Royer residing at 1460 Watersedge
Drive in Virginia Beach.
Co.m?/ents: ~ ':. .. ~ . 11_
W'....t k ~~ ~ tvt./i zAL A4~u.~ CI ~ t:bV~6tthi~ a, rru~'
...tM, ~ t:tH~/J,-4_~ 6a.d lUPefD It..U r& ~,A_IIL CU d!t.~..~
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~:~~t:.~~4- {tujUP~tf~~~ ~i.ntW
..~~tHt~ ~#e{ ~, ,
Address: ,
WALT AND NORA DELBRUGGE
1321 WATERSEDGE DRIVE
VIRGINIA BEACH, VA 23452
o We DO NOT support the encroachment application submitted by Earl and Maro Royer residing at
1460 Waters edge Drive in Virginia Beach.
Comments:
Name:
Address:
Please return to:
City of Virginia Beach
Public Works/Real Estate
2405 Courthouse Drive, Building 2
Virginia Beach, VA 23456
A~::'> .'-.
/r:'.') . " .,
DEe 2 i 2007
i
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Please indicate one (1):
o We support the encroachment application submitted by Earl and Maro Royer residing at 1460 Waters edge
Drive in Virginia Beach.
Comments:
Name:
Address:
"/J...'.'...
:.. .
.~
We DO NOT support the encroachment application submitted by Earl and Maro Royer residing at
1460 Waters edge Drive in Virginia Beach.
Comments:
Name: awiAM0 ~tl
\ .
Address: (" 3 f!) 5 L,\)ccU;~l Jjt?
C vG WORlt.....
~<Q ,5l\
~ \
\I;C 2 , 2001
',;9S'.4L ES"\~
Please return to:
City of Virginia Beach
Public Works/Real Estate
2405 Courthouse Drive, Building 2
Virginia Beach, VA 23456
Please indicate one (1):
f' is' f::: I t" I
3
o We support the encroachment application submitted by Earl and Maro Royer residing at 1460 Watersedge
Drive in VirgiIlia Beach.
Comments:
; /--
Name:
Address:
ftf
We DO NOT support the encroachment application submitted by Earl and Maro Royer residing at
1460 Watersedge Drive in Virginia Beach.
Comments:
IN h1l4t1lc~ DF THIS Y€A~. wE W~D"'c L~~ To A-t..L h115~,es
,
01= C"""y CDt/NeIL //tJICU'II6- I!)V~ t::J~PI11Srnd"'. PLE,ttSE Dp^,Y r,lNS
,
,tIPI"UCA-noN. rkE ~LVhlN5 AR..E A S;::)FEry 1-II17-'1;lt:>.1
,
Name: ~ 1::.. ". W~~...;.. Jt'2.~
Address: 1~~1 W~ ~ .
Please return to:
City of Virginia Beach
Public Works/Real Estate
2405 Courthouse Drive, Building 2
Virginia Beach, VA 23456
Please indicate one (1):
?
(
We support the encroachment application submitted by Earl and Maro Royer residing at 1460 Watersedge
Drive in Virginia Beach.
Comments:
Name: -P~...J l t TO/ltt/:r fh i tCtliJ//
Address: / (.,./ 7-1 W~vT/U criJ6-cr QIL
V.A ~.~ I V'A ~"J yr).-.
,/i~~
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'C"9 .
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~
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o We DO NOT support the encroachment application submitted by Earl and Maro Royer residing at
1460 Watersedge Drive in Virginia Beach.
Comments:
Name:
Address:
Please return to:
City of Virginia Beach
Public Works/Real Estate
2405 Courthouse Drive, Building 2
Virginia Beach, VA 23456
Please indicate one (1):
~ We support the encroachment application submitted by Earl and Maro Royer residing at 1460 Watersedge
Drive in Virginia Beach. "___"__
/-...~'~~ f lJ B{ /;"
Comments: "
(~/ "~:'l
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. "~'.1'~m"E.. -<
Name: k'(Y).j Af--tCE meln tdeJ C A-t'Le~ll1JE//VIc)::.~)
Address: Z> 1/7 LU/J. /l-used:Je.l r:-1-
o We DO NOT support the encroachment application submitted by Earl and Maro Royer residing at
1460 Waters edge Drive in Virginia Beach.
Comments:
Name:
Address:
Please return to:
City of Virginia Beach
Public Works/Real Estate
2405 Courthouse Drive, Building 2
Virginia Beach, VA 23456
Please indicate one (1):
o We support the encroachment application submitted by Earl and Maro Royer residing at 1460 Waters edge
Drive in Virginia Beach.
Comments:
~...
I '''''..<.'
I ~ .
i .
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I "'~~'.,/?-S~r ~:"~
Name:
Address:
r8J We DO NOT support the encroachment application submitted by Earl and Maro Royer residing at
1460 Watersedge Drive in Virginia Beach.
Comments.. -.J) () ~. · ~ a....li ~ ..J-
~ 'n.....,Q"u ..<\ _l-A4 ~. ...... .wo.clu f......-l.-
~ '~. " . ~ ~ w-W~ ~
~~WL~~~.~~~ ~~.")~"U
~~fu~~'t\... M.~ 7'
Address: \~OC\. \0()\~ l.4.- ~~ ~ \)~
Please return to:
City of Virginia Beach
Public Works/Real Estate
2405 Courthouse Drive, Building 2
Virginia Beach, VA 23456
Please indicate one (1):
o We support the encroachment application submitted by Earl and Maro Royer residing at 1460 Waters edge
Drive in. Virginia Beach.
Comments:
Name:
Address:
~
We DO NOT support the encroachment application submitted by Earl and Maro Royer residing at
1460 Watersedge Drive in Virginia Beach.
Comments:
;({) er drd ntFr Dee e:5fronG (.175 or -lAc 6 '
belore bu//dll7g -!-he (%J/'<(frJi]<7 !.!!. fAe ed5ff'r7CrTI-:-T'sfrol?jllj ful +hal- +he-
- .-
(f)/ttl11i15 nCit-rtJk) +~ rOtiJ qlong a Qe~vc: 1/1771 frllg ol--Lvay hrd{f..1L Th/5 {f1s6
71 _f--../ ~. /llhrr.bA,aCCe5:5 fv holJ1e.~ a+ ffJ. t. end. tf1f
Name: !l ~ (;\,) . 1t11d... .' _ !/
. LJaf-a-:t>'C.d~ Prll/t:, II) a/J (.I7?Crqe/l4j .
Address: /3)3 -v..~.J ~.J
Please return to:
City o/Virginia Beach
Public Warks/Real Estate
2405 Courthouse Drive, Building 2
Virginia Beach, VA 23456
""""--:'~,:".--...~,...
/, IG Vy'O,.o~
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Please indicate one (1):
o We support the encroadunent application submitted by Earl and Maro Royer residing at 1460 Watersedge
Drive in Virginia Beach.
Comments:
Name:
Address:
~ We DO NOT ,upport the cnem,ehmcnt 'pplioation 'uhmittcd hy E,d 'nd MMO Royce ",iding"
1460 Watersedge Drive in Virginia Beach.
Comments:
Name:
~ 0 (.( l/\
!t.(101
fouvJ~~
{J~ :4i<.s~js~
Address:
Please return to:
City of Virginia Beach
Public Works/Real Estate
2405 Courthouse Drive, Building 2
Virginia Beach, VA 23456
/~gb-;j(~H'i)VO~~
I .-~2G
\
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City of Virginia Beach
Public Works
2405 Courthouse Drive, Building 2
Virginia Beach, VA 23456
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Ref: Input on encroachment application of Earl and Ma ro Royer
December 17,2007
Dear Sirs,
I believe the decision to approve or deny the proposed encroachment by the Royers should
fall to the neighbors who live next to and past Mr. and Mrs. Royer's home. I don't know of any
impact to those of us who live on the straight portion of Watersedge Drive. The only relative
comparison that those of us along Watersedge share is that we have fixed mailboxes as close or
closer to the road as the pillars the Royers constructed. My sense is that the pillars have
slowed traffic since there is less room to drive onto the Royer's property when other wide
trucks are in the bend of the road. As a result, drivers appear to concentrate more in staying on
the paved road.
However, those homeowners living past the Royers home are the individuals impacted and
should be the ones whom the city turns to in dealing with this issue since it involves their
experiences with the curved road, nighttime driving, truck deliveries and general safety. It is
my hope the city council looks to those individuals and weights their opinions to solve this
problem.
My sense is that the existing pillars have slowed traffic as many of the neighbors who once
speed (mostly young drivers) through this area must now slow down and be more deliberate in
their driving on this curved section of road. Consequently, this is my only basis on which to
evaluate the application; J thus support the Royers encroachment application.
Sincerely,
~J-Q ~ ~
J. William Cofer
1440 Watersedge Drive
Please indicate one (1):
fl
We support the encroachment application submitted by Earl and Maro Royer residing at 1460 Watersedge
Drive in Virginia Beach.
Comments:
."
~ ~~.R
#uc~,.'
! '(j)
, J6tt -.
Name: 1:511.'- CoF~
Address: I Y4 0 WC\..TCR-Se:ll6-6' i)~
o We DO NOT support the encroachment application submitted by Earl and Maro Royer residing at
1460 Watersedge Drive in Virginia Beach.
Comments:
Name:
Address:
Please return to:
City of Virginia Beach
Public Works/Real Estate
2405 Courthouse Drive, Building 2
Virginia Beach, VA 23456
Please indicate one (1):
G{
We support the encroachment application submitted by Earl and Maro Royer residing at 1460 Watersedge
Drive in Virginia Beach.
Comments:
Name:
I
~ILL.. : ~ 15~w~
.-3.
Address: Ii.iO,,! w~~~ W
i
~<ri/f ES\t;~/
o We DO NOT support the encroachment application submitted by Earl and Maro Royer residing at
1460 Waters edge Drive in Virginia Beach.
Comments:
Name:
Address:
Please return to:
City of Virginia Beach
Public Works/Real Estate
2405 Courthouse Drive, Building 2
Virginia Beach, VA 23456
- 46-
Item V-J. 5.
RESOLUTIONS/ORDINANCES
ITEM # 57252
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to A UTHORIZE transfer of ten (J 0) acres of land in
Princess Anne Commons at Dam Neck and Landstown Road to the
Virginia Beach Development Authority (VBDA) for sale to Seven Cities
Development Company, LLC re construction of an indoor
baseball/softball and related sports facility
Voting:
9-2 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice Mayor
Louis R. Jones, , Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Barbara M Henley and Reba S. McClanan
Council Members Absent:
None
January 22, 2008
1 AN ORDINANCE APPROVING AND
2 AUTHORIZING THE TRANSFER TO THE
3 VIRGINIA BEACH DEVELOPMENT
4 AUTHORITY PROPERTY LOCATED AT THE
5 INTERSECTION OF DAM NECK ROAD AND
6 LANDSTOWN ROAD (GPIN 1484-79-2426)
7
8 WHEREAS, the design and construction of an indoor baseball/softball and
9 other sports and activities facility (the "Sports Facility") by Seven Cities Development
10 Company, LLC ("Seven Cities"), has been identified by City Council of the City of Virginia
11 Beach as a desirable development project that would contribute to the quality of life in the
12 City, have a positive economic impact, provide a comprehensive sports training and
13 medical facility, and will be compatible with and supportive of other recreational facilities
14 and activities in the Princess Anne Commons area of the City;
15
16 WHEREAS, the City owns an approximately 1 Q-acre parcel of property (GPIN
17 1484-79-2426) at the intersection of Dam Neck Road and Landstown Road (the "Ten Acre
18 Parcel");
19
20 WHEREAS, the Ten Acre Parcel is a portion of the Lake Ridge property
21 acquired by the City on February 16, 1995 from NationsBank of Virginia, N.A. for various
22 public purposes, including to provide land for economic development;
23
24 WHEREAS, the Ten Acre Parcel was physically separated from the
25 remainder of Lake Ridge property by the construction of the relocated Landstown Road
26 and Dam Neck Road and it has not been put to any use or identified for any particular
27 purpose.
28
29 WHEREAS, the City of Virginia Beach Development Authority (the
30 "Authority") was specifically created for the purpose of fostering and stimulating economic
31 development in the City; and
32
33 WHEREAS, based on the Authority's expertise and flexibility in project
34 development, the City Council desires to transfer the Ten Acre Parcel to the Authority and
35 requests the Authority to accept the transfer and develop an agreement for the sale of the
36 parcel consistent with the economic and recreational interests of the City.
37
38 NOW, THEREFORE, BE IT ORDAINED BYTHE COUNCILOFTHECITYOF
39 VIRGINIA BEACH, VIRGINIA,
40
41 1. The City Council, subject to acceptance by the Authority, authorizes
42 the transfer of ownership of the Ten Acre Parcel to the Authority.
43
44 2. The City Manager, or his designee, is authorized to execute on
45 behalf of the City the documents to complete such transfer, so long as such documents are
46 acceptable to the City Manager and the City Attorney.
47
48 3. The City Council requests and recommends that the Authority adopt
49 a Resolution accepting the transfer of the Ten Acre Parcel to the Authority.
50
51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd
52 day of January ,2008.
CA10547
R-1
1/14/2008
V:lapplicationslcitylawprodlcycom321 W pdocslDO 1 OIP002100046776. DOC
APPROVED AS TO LEGAL
SUFFICIENCY: ---!--
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City Attorney
2
own Road
z
- 47-
Item V-J. 6.
RESOLUTIONS/ORDINANCES
ITEM # 57253
Upon motion by Council Lady Wilson, seconded by Councilman Uhrin, City Council ADOPTED:
Ordinance to TRANSFER $797,500 from the School's Pupil
Transportation Category to the Operations and Maintenance Category
for repair and replacement of school trucks
Council Lady Wilson advised the School Board got behind in bus replacements with the $12-MILLION
deficit, but has been working hard and still have trucks that are still need to be replaced as well.
Voting:
9-1 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R.
Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, Rosemary
Wi~onandJamesL. Wood
Council Members Voting Nay:
William R. "Bill" DeSteph
Council Members Absent:
Mayor Meyera E. Oberndorf
January 22, 2008
1 AN ORDINANCE TO TRANSFER $797,500 FROM THE
2 SCHOOL'S PUPIL TRANSPORTATION CATEGORY TO
3 THE OPERATIONS AND MAINTENANCE CATEGORY
4
5
6 WHEREAS, the School Board has requested a transfer from their Pupil
7 Transportation Category to their Operations and Maintenance Category:
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
10 OF VIRGINIA BEACH, VIRGINIA:
11
12 That $797,500 is hereby transferred from the School's Pupil Transportation
13 Category to the Operations and Maintenance Category.
14
15 Adopted by the Council of the City of Virginia Beach, Virginia, on thq 22nd
16 day of January ,2008.
Approved As to Content:
Approved As To Legal
Sufficiency:
1Jckil. ~
Management Services
~~-iF-
City Attorney's 0
CA 10609
R-2
January 11 , 2008
SCHOOL BOARD
Daniel D. Edwards
Chairman
Districll - Centerville
1513 Beachview Drive
V A Beach, VA 23464
495-3551 (h). 717-0259 (e)
Rita Sweet Sellitto
Vice Chairman
At. Large
P.O. Box 6448
VA Beach, VA 23456
418-0960 (c)
Todd C. Davidson
AI. Large
2424 Savannah Trail
VA Beach, VA 23456
427.3330 (w) . 285-9409 (c)
Emma L. "Em" Davis
District 5 - Lynnhaven
1125 Michaelwood Drive
VA Beach, VA 23452
340-8911 (h)
Patricia G. Edmonson
District 6 - Beach
401-205 Harbour Point
VA Beach. VA 23451
675-0137 (c)
Edward F. Fisslnger, Sr.
At-Large
412 Becton Place
VA Beach. VA 23452
486-4567 (h)
Dan R. Lowe
District 4 - Bayside
4617 Red Coat Road
vA Beach. VA 23455
490-3681 (h)
I~yndon S. Remlas
)istnct 7 - Ptincess Anne
. l225 Nansemond Loop
'/A Beach. VA 23456
li30-6102 (c)
!landra Smith-Jones
Distnct 2 - Kempsville
;'05 Rock Creek Court
VA Beach. VA 23462
490-8167 (hi
Michael W. Stewart
D,s trict 3 - Rose Hal!
105 Brentwood Court
I'A Beach. VA 23452
'98-4303 (h) . 445.4637 (wi
Carolyn D. Weems
!,t.Large
1420 Claudia Drive
VA Beach. VA 23455
464-6674 (h)
SUPERINTENDENT
James G. Merrill, Ed.D.
2512 George Mason Drive
VA Beach. VA 23456
263-1007
+IRGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
RESOLUTION REGARDING FY 2007-08 BUDGET AND REQUEST FOR CATEGORICAL
TRANSFER
WHEREAS, on September 18, 2007, the School Board approved the Resolution Regarding FY
2006-07 Reversion, Revenue Actual Over Budget, and Debt Service Budget Over Actual Funds in
the amount of $14,690,129; and
WHEREAS, an amount of $797,500 was incorrectly categorized into the Transportation Category
instead of the correct category of Operations and Maintenance; and
WHEREAS, the administration recommends that the $797,500 be transferred from the
Transportation Category to the Operations and Maintenance Category; and
WHEREAS, the Board approves and affirms the recommended transfer of these funds as
presented by the Administration; and
WHEREAS, categorical transfers are necessary; and
WHEREAS, any transfer of funds between categories must be approved by City Council prior to
transfer and expenditure of funds by the School Board.
NOW, THEREFORE, BE IT
RESOLVED: That the Board requests the City Council to approve categorical transfers as
follows:
. $797,500 from Transportation
. $797,500 to Operations and Maintenance
and be it
FURTHER RESOLVED: That a copy of this resolution be spread across the official minutes of this
Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each
member of City Council, the City Manager, and the City Clerk
Adopted by the School Board of the City of Virgini Beach this 18th day of December 2007,
SEA L
ATTEST:
dta1~ f! Oi!M;a1td1l
Dianne P. Alexander, Clerk of the Board
CERTIFIED rOBE A TRUE
AND CORRECT COpy
Clerk. School Board of the
City of Virginia
School Administration Building. 2512 George Mason Drive' P.O. Box 6038 . Virginia Beach, VA 23456-0038
www.vbschools.com
, , ,~
- 48 -
Item V-J. 7
RESOLUTIONS/ORDINANCES
ITEM # 57254
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to AUTHORIZE acquisition from Nancy H Hodgman of
2.910 acres of landfor $600,000 at Shell and Diamond Springs Roads,
Lakes Lawson and Smith, and provide funding from the Open Space
Program Site Acquisition Project; and, the City Manager is to execute
all necessary documents
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 22, 2008
1 AN ORDINANCE TO AUTHORIZE THE
2 ACQUISITION OF APPROXIMATELY 2.910
3 ACRES OF REAL PROPERTY LOCATED OFF
4 THE SOUTH SIDE OF SHELL ROAD AND
5 EAST OF DIAMOND SPRINGS ROAD, JUST
6 EAST OF THE EASTERN END OF SAJO FARM
7 ROAD WITH FRONTAGE ON LAKE LAWSON,
8 VIRGINIA BEACH, VIRGINIA FOR $600,000
9 FROM NANCY H. HODGMAN.
10
11
12 WHEREAS, Nancy H. Hodgman ("Hodgman") owns a 2.910 acre parcel of real
13 estate off the south side of Shell Road and east of Diamond Springs Road, just east of the
14 eastern end of Sajo Farm Road with frontage on Lake Lawson, in the City of Virginia
15 Beach, Virginia (the "Property");
16
17 WHEREAS, Hodgman desires to sell the Property to the City of Virginia Beach (the
18 "City");
19
20 WHEREAS, the City's Open Space Subcommittee has identified the Property as a
21 parcel to be considered for acquisition as part of the City's open space initiative, and has
22 recommended that the Property be acquired for such purposes;
23
24 WHEREAS, the City Council of the City of Virginia Beach, Virginia (the "City
25 Council") is of the opinion that the acquisition of the Property would further the City's Open
26 Space initiative;
27
28 WHEREAS, funding for this acquisition is available in the Open Space Acquisition
29 CIP account (CIP 4-004).
30
31 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
32 VIRGINIA:
33
34 1. That the City Council authorizes the acquisition of the Property by purchase
35 pursuant to S 15.2-1800 of the Code of Virginia (1950), as amended, which Property is
36 generally identified as GPIN 1469-50-3783 and shown as the "Hodgman Property" on
37 Exhibit A attached hereto.
38
39 2. That the City Manager or his designee is further authorized to execute all
40 documents that may be necessary or appropriate in connection with the purchase of the
41 Property, so long as such documents are in accordance with the Summary of Terms
42 attached hereto and acceptable to the City Manager and the City Attorney.
43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of
44 .Janl}ary , 2008.
CA-10321
v: \applications\citylawprod\cycorn32\ Wpdocs\D023\P002\0003906 7 .DOC
R-1
January 11, 2008
APPROVED AS TO CONTENT:
APPROVED AS TO ~
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SUMMARY OF TERMS
AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF
APPROXIMATELY 2.910 ACRES OF REAL PROPERTY LOCATED
OFF THE SOUTH SIDE OF SHELL ROAD AND EAST OF
DIAMOND SPRINGS ROAD, JUST EAST OF THE EASTERN END
OF SAJO FARM ROAD WITH FRONTAGE ON LAKE LAWSON,
VIRGINIA BEACH, VIRGINIA FOR $600,000 FROM NANCY H. HODGMAN.
OWNER:
Nancy H. Hodgman
BUYER:
City of Virginia Beach
ZONING:
R-40
AICUZ:
N/A
SALE PRICE:
$600,000 at Settlement by check.
SOURCE OF
FUNDS:
CIP-4-004 - Open Space Program Site Acquisition Project
SETTLEMENT
DATE:
On or before thirty (30) days after acquisition is authorized by Council.
SPECIAL TERMS
AND CONDITIONS:
. Property must be conveyed free and clear of all leases, tenancies and rights of
possession of any and all parties other than the City.
. Seller shall prepare Deed conveying title to the Property to City and pay all expenses of
preparation of the Deed, the grantor's tax and its own attorney's fees and costs.
. City shall bear all other costs of closing.
v. \applications\citylawprod\cycoin3 2\ WpdocsID023\P002\00039068.DOC
K PLANNING
1.a. WILLIAM G. AND JOY M. GOSS
1.b. MARY BEN THOMAS
- 49-
ITEM # 57255
1. c. SCI VIRGINIA FUNERAL SERVICES, INC.
T/A KELLAM FUNERAL HOME, INC.
2. MILADICK MEDICAL ASOCIATES
3. AGC ACQUISITION, LLC
4. NANTUCKET BY THE BA~ L.L.C.
5. SOUTH HAMPTON ROADS HABITAT
FOR HUMANITY
,I
STREET CLOSURE
STREET CLSOURE
STREET CLSOURE
VARIANCE
CONDITIONAL CHANGE OF ZONING
MODIFICATION CONDITIONAL
CHANGE OF ZONING
(Approved October 25, 2005 -
S & J LLC)
CONDITIONAL CHANGE OF ZONING
January 22, 2008
- 50 -
Item K.
ITEM # 57256
PLANNING
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN
ONE MOTION Items 1a.b.c., 2 and 4 of the Planning By Consent Agenda.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 22, 2008
- 51 -
Item K1.a.
ITEM # 57257
PLANNING
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of WILLIAM G. and JOY M. GOSS for a portion of an alley adjacent to
828 Surfside Avenue, Croatan Beach:
Ordinance upon application of WILLIAM G. and JOY M GOSS n the
matter of closing, vacating and discontinuing a portion of that certain
unimproved alley known as "PROPOSED ALLEY CLOSURE AREA
(7.5' X 50.0 ') (375:1::. S.F. /0.009 Acres)" as shown on that certain plat
entitled "PHYSICAL SURVEY OF LOT 3, BLOCK 13, CROATAN
BEACH (GPIN 2426-37-5573-0000) FOR GOSS VIRGINIA BEACH,
VA" DISTRICT 6 - BEACH
The following conditions shall be required:
1. The City Attorney's Office will make the final determination regarding ownership of the
underlying fee. The purchase price to be paid to the City shall be determined according to the
"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"
approved by City Council. Copies of the policy are available in the Planning Department.
2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the
closed area into the adjoining parcels. The plat must be submitted and approved for
recordation prior to final street closure approval. Said plat must include a drainage easement
over the right-of-way property for future use as deemed necessary by the City of Virginia
Beach.
3. The applicant shall verify that no private utilities exist within the right-of-way proposed for
closure. Preliminary comments from the utility companies indicate that there are no private
utilities within the right-of-way proposed for closure. If private utilities do exist, easements
satisfactory to the utility company must be provided.
4. The approval is for the western half of the 15-100t wide alley, being seven (7)feet and six
(6)inches by fifty (50) feet (7.5' x 50 '), adjoining the rear of Lot 3, Block 13, Croatan Beach.
5. Closure of the right-of-way shall be contingent upon compliance with the above stated
conditions within 365 days of approval (January 21, 2009) by City Council. If the conditions
noted above are not accomplished and the final plat is not approved within one year of the
City Council vote to close the right-of-way, this approval shall be considered null and void.
January 22, 2008
- 52 -
Item KI.a.
ITEM # 57257 (Continued)
PLANNING
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 22, 2008
1 IN THE MATTER OF CLOSING, VACATING AND
2 DISCONTINUING A PORTION OF THAT CERTAIN
3 UNIMPROVED ALLEY KNOWN AS "PROPOSED
4 ALLEY CLOSURE AREA (7.5' x 50.0') (375t S.F. /
5 0.009 ACRES)" AS SHOWN ON THAT CERTAIN
6 PLAT ENTITLED "PHYSICAL SURVEY OF LOT 3,
7 BLOCK 13, CROATAN BEACH (GPIN 2426-37-5573-
8 0000) FOR WILLIAM G. AND JOY M. GOSS
9 VIRGINIA BEACH, VA"
10
11 WHEREAS, William G. Goss and Joy M. Goss, (the "Applicant") applied to
12 the Council of the City of Virginia Beach, Virginia, to have the hereinafter described
13 street discontinued, closed, and vacated; and
14
15 WHEREAS, it is the judgment of the Council that said street be
16 discontinued, closed, and vacated, subject to certain conditions having been met on or
17 before one (1) year from City Council's adoption of this Ordinance;
18
19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
20 Virginia Beach, Virginia:
21
22 SECTION I
23
24 That the hereinafter described street be discontinued, closed and vacated,
25 subject to certain conditions being met on or before one (1) year from City Council's
26 adoption of this ordinance:
27
28 All that certain piece or parcel of land situate, lying and being
29 in the City of Virginia Beach, Virginia, designated and
30 described as "PROPOSED ALLEY CLOSURE AREA (7.5' x
31 50.0') (375t S.F. /0.009 ACRES)" shown on that certain plat
32 entitled: "PHYSICAL SURVEY OF LOT 3, BLOCK 13,
33 CROATAN BEACH (GPIN 2426-37-5573-0000) FOR
34 WILLIAM G. AND JOY M. GOSS VIRGINIA BEACH, VA"
35 Scale: 1"=20', dated September 24, 2007, prepared by TSC
36 Surveying, P.L.C., a copy of which is attached hereto as
37 Exhibit A.
38
39 GPIN: 2426-37-5573
1
40 SECTION II
41
42 The following conditions must be met on or before one (1) year from City
43 Council's adoption of this ordinance:
44
45 1. The City Attorney's Office will make the final determination regarding
46 ownership of the underlying fee. The purchase price to be paid to the City shall be
47 determined according to the "Policy Regarding Purchase of City's Interest in Streets
48 Pursuant to Street Closures," approved by City Council. Copies of said policy are
49 available in the Planning Department.
50
51 2. The applicant shall resubdivide the property and vacate internal lot
52 lines to incorporate the closed area into the adjoining parcels. The resubdivision plat
53 shall be submitted and approved for recordation prior to final street closure approval.
54
55 3. The applicant shall verify that no private utilities exist within the right-of-
56 way proposed for closure. Preliminary comments from the utility companies indicate
57 that there are no private utilities within the right-of-way proposed for closure. If private
58 utilities do exist, the applicant shall provide easements satisfactory to the utility
59 companies.
60
61 4. Closure of the right-of-way shall be contingent upon compliance with
62 the above stated conditions within one (1) year of approval by City Council. If all
63 conditions noted above are not in compliance and the final plat is not approved within
64 one (1) year of the City Council vote to close the street, this approval will be considered
65 null and void.
66
67 SECTION III
68
69 1. If the preceding conditions are not fulfilled on or before January 21,
70 2009, this Ordinance will be deemed null and void without further action by the City
71 Council.
72
73 2. If all conditions are met on or before January 21, 2009, the date of
74 final closure is the date the street closure ordinance is recorded by the City Attorney.
75
76 3. In the event the City of Virginia Beach has any interest in the
77 underlying fee, the City Manager or his designee is authorized to execute whatever
78 documents, if any, that may be requested to convey such interest, provided said
79 documents are approved by the City Attorney's Office.
2
80 SECTION IV
81
82 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
83 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY
84 OF VIRGINIA BEACH as "Grantor" and WILLIAM G. GOSS AND JOY M. GOSS, as
85 "Grantee."
86 Adopted by the Council of the City of Virginia Beach, Virginia, on this
87 22nddayof Jauary ,2008.
CA-10334
V:\applications\citylawprod\cycom32\ W pdocs\D020\P003\00045899. DOC
R-1
December 20, 2007
APP~OV~ fAS TO CONTENT:
, \ I. \
APPROVED AS TO LEGAL
SUFFICIENCY:
hac:; ~. UI?~J-ia-.)
City Attorn
3
EXHIBIT "A"
THIS SURVEY WAS PRODUCED WITHOUT THE BENEFIT OF A TITLE REPORT AND THEREFORE MAY NOT
SHOW ALL EASEMENTS, RESTRICTIONS OR ENCROACHMENTS AFFECTING THE PARCEL. ALL LINES, ALLEYS
STREETS AND LOTS ARE AS FOUND IN MAP BOOK 24 AT PAGE 37.
UNDERGROUND UTILITIES WERE NOT LOCATED AS PART OF THIS SURVEY, HOWEVER ABOVEGROUND
UTILITY FEATURES HAVE BEEN SHOWN WERE OBSERVED.
NO WETLAND DELINEATION MARKERS WERE OBSERVED AS A PART OF THIS SURVEY. WETLANDS MAY
EXIST ON THIS OR ADJACENT PARCELS. INTERESTED PARTIES SHOULD CONTACT A TRAINED WETLANDS
SCIENTIST SHOULD THEY NEED FURTHER INFORMATION.
THIS PARCEL APPEARS TO LIE IN FLOOD ZONE X AS SCALED FROM F.I.R.M. 515531 0033 E, DATED
DECEMBER 5, 1996. TSC SURVEYING, P.L.C. IS NOT A PARTY TO DETERMINING THE NEED OR LACK OF
NEED FOR FLOOD INSURANCE FOR THIS OR ADJACENT PARCELS. PROPERTY OWNERS SHOULD
CONTACT A LOCAL FLOOD OFFICIAL. VIR
GINIA Sf.
_C~~
SOUTH SYSTEM
ZONE
, NAD8J
I ('994 HARNJ
WT 14 .. WT 13
LOT 12
15' ALLEY
(MB. 24, PG. 37)
5' WOOO FENCE
(ENCROACH 7')
IRS
~
~
IRS
0.7'
S12'16'40"E 50.00'
PROPOSED ALLEY CLOSURE LOT 3 2.8'
AREA (7.5' X 50.0') (5000 SF / 0 CRE )
(375:1: S.F. / 0.009 ACRES) , . . .115 A 5 5.3'
t4.5' 1::,
<C
SHED
0.7'
4' WOOO FENCE-\
(ON LINE)
LOT 4
3 STORY
STRUCTURE
#828 SURFSIDE
;..,
00
....
'0
o
c:i
o
5' WOOD FENCE
(ON LINE)
LOT 2
J.O'
MECHANICAL UNIT
HOUSING
~
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20.3'
512'16'40"E 350.00' TO IRF IRS
@ SOUTH R.O.W. MARYLAND AVE.
20 0 10 20
~-~
40
,
~
?
1 INCH
20 ft.
REFERENCES:
(M.B. 24, PG. 37)
(M.B. 1, PG. 1b)
JOB
07.008
PHYSICAL SURVEY OF
lOT 3, BLOCK 13, CROATAN BEACH
(GPIN 2426-37-5573-0000)
FOR
WilLIAM G. AND JOY M. GOSS
VIRGINIA BEACH, VA
TSC SURVEYING, P.L.C.
261 AMBERLY ROAD, VIRGINIA BEACH, VIRGINIA
PHONE: 757-876-0286 / FAX: 757-577-6776
E-MAIL:tcampbell@verizon.net
SCALE:
1" = 20'
.1
- 53 -
Item K1.b.
ITEM # 57258
PLANNING
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of MAR Y BEN THOMAS for the closure of a portion of an alley acijacent to
Mediterranean Avenue and 24-1/2 Street:
Ordinance upon application of ordinance upon application of MARY
BEN THOMAS in the matter of closing, vacating and discontinuing a
portion of that certain unimproved alley known as "portion of 10' alley
to be closed (1900 sq. fi/0.044 ac.)" as shown on that certain plat
entitled "STREET CLOSURE PLAT PORTION OF 10' ALLEY
ADJACENT TO LOTS 28, 35, 36, 37, 38, 39 & 40 BLOCK 125
VIRGINIA BEACH DEVELOPMENT Co. MAP NO. 6 MB 5 P 103
VIRGINIA BEACH, VIRGINIA
The following conditions shall be required:
1. The City Attorney's Office will make the final determination regarding ownership of the
underlying fee. The purchase price to be paid to the City shall be determined according to
the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, "
approved by City Council. Copies of said policy are available in the Planning Department.
2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the
closed area into the acijoining parcels. The plat must be submitted and approved for
recordation prior to final street closure approval. The new lots shall be limited in use to
single-family dwellings, except proposed Lot C may contain the two existing single-family
dwellings. Should the dwellings on proposed Lot C be removed, the lot is then limited in use
to one single-family dwelling.
3. The applicant shall verify that no private utilities exist within the right-ofway proposed for
closure. Preliminary comments from the utility companies indicate that there are no private
utilities within the right-ofway proposed for closure. If private utilities do exist, the
applicant shall provide easements satisfactory to the utility companies.
4. Closure of the right-of way shall be contingent upon compliance with the above stated
conditions within one (1) year of approval (January 21, 2009) City Council. If all conditions
noted above are not in compliance and the final plat is not approved within one (1) year of
the City Council vote to close the street, this approval will be considered null and void.
January 22, 2008
- 54 -
Item KI.b.
ITEM # 57258 (Continued)
PLANNING
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 22, 2008
1 IN THE MATTER OF CLOSING, VACATING AND
2 DISCONTINUING A PORTION OF THAT CERTAIN
3 UNIMPROVED ALLEY KNOWN AS "PORTION OF
4 10' ALLEY TO BE CLOSED (1900 sa. FT/0.044
5 AC.)" AS SHOWN ON THAT CERTAIN PLAT
6 ENTITLED "STREET CLOSURE PLAT PORTION OF
7 1 0' ALLEY ADJACENT TO LOTS 28, 35, 36, 37, 38,
8 39 & 40 BLOCK 125 VIRGINIA BEACH
9 DEVELOPMENT CO. MAP NO. 6 MB 5 P 103
10 VIRGINIA BEACH, VIRGINIA"
11
12 WHEREAS, Mary Ben Thomas (the "Applicant") applied to the Council of
13 the City of Virginia Beach, Virginia, to have the hereinafter described street
14 discontinued, closed, and vacated; and
15
16 WHEREAS, it is the judgment of the Council that said street be
17 discontinued, closed, and vacated, subject to certain conditions having been met on or
18 before one (1) year from City Council's adoption of this Ordinance;
19
20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
21 Virginia Beach, Virginia:
22
23 SECTION I
24
25 That the hereinafter described street be discontinued, closed and vacated,
26 subject to certain conditions being met on or before one (1) year from City Council's
27 adoption of this ordinance:
28
29 All that certain piece or parcel of land situate, lying and being
30 in the City of Virginia Beach, Virginia, designated and
31 described as "PORTION OF 10' ALLEY TO BE CLOSED
32 (1900 sa. FT/0.044 AC.)" as shown on that certain plat
33 entitled: "STREET CLOSURE PLAT PORTION OF 10'
34 ALLEY ADJACENT TO LOTS 28, 35, 36, 37, 38, 39 & 40
35 BLOCK 125 VIRGINIA BEACH DEVELOPMENT CO. MAP
36 NO. 6 MB 5 P 103 VIRGINIA BEACH, VIRGINIA" Scale:
37 1 "=30', dated September 17, 2007, prepared by Gallup
38 Surveyors & Engineers, Ltd., a copy of which is attached
39 hereto as Exhibit A.
40
41 GPIN: 2417-99-4502, 2417-99-3450, 2417-99-3546, and 2417-99-3541
1
42 SECTION II
43
44 The following conditions must be met on or before one (1) year from City
45 Council's adoption of this ordinance:
46
47 1. The City Attorney's Office will make the final determination regarding
48 ownership of the underlying fee. The purchase price to be paid to the City shall be
49 determined according to the "Policy Regarding Purchase of City's Interest in Streets
50 Pursuant to Street Closures," approved by City Council. Copies of said policy are
51 available in the Planning Department.
52
53 2. The applicant shall resubdivide the property and vacate internal lot
54 lines to incorporate the closed area into the adjoining parcels. The plat must be
55 submitted and approved for recordation prior to final street closure approval. The new
56 lots shall be limited in use to single-family dwellings, except proposed Lot C may
57 contain the two existing single-family dwellings. Should the dwellings on proposed Lot C
58 be removed, the lot is then limited in use to one single-family dwelling.
59
60 3. The applicant shall verify that no private utilities exist within the right-of-
61 way proposed for closure. Preliminary comments from the utility companies indicate
62 that there are no private utilities within the right-of-way proposed for closure. If private
63 utilities do exist, the applicant shall provide easements satisfactory to the utility
64 companies.
65
66 4. Closure of the right-of-way shall be contingent upon compliance with
67 the above stated conditions within one (1) year of approval by City Council. If all
68 conditions noted above are not in compliance and the final plat is not approved within
69 one (1) year of the City Council vote to close the street, this approval will be considered
70 null and void.
71
72 SECTION III
73
74 1. If the preceding conditions are not fulfilled on or before January 21,
75 2009, this Ordinance will be deemed null and void without further action by the City
76 Council.
77
78 2. If all conditions are met on or before January 21, 2009, the date of
79 final closure is the date the street closure ordinance is recorded by the City Attorney.
80
81 3. In the event the City of Virginia Beach has any interest in the
82 underlying fee, the City Manager or his designee is authorized to execute whatever
83 documents, if any, that may be requested to convey such interest, provided said
84 documents are approved by the City Attorney's Office.
2
85 SECTION IV
86
87 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
88 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY
89 OF VIRGINIA BEACH as "Grantor" and MARY BEN THOMAS, as "Grantee."
90 Adopted by the Council of the City of Virginia Beach, Virginia, on this
91 ??nodayof Jam1ary ,2008.
CA-10332
V:\applications\citylawprod\cycom32\Wpdocs\D020\P003\00045926. DOC
R-1
December 20, 2007
I
Planning epartment
APPROVED AS TO LEGAL
SUFFICIENCY:
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City Attorne
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Me 5 P 103
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- 55 -
Item KJ.c.
ITEM # 57259
PLANNING
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of SCI VIRGINIA FUNERAL SERVICES, INC. T/A KELLAM
FUNERAL HOME, INC. for the closure of a portion of Avenue E
Ordinance upon application of SCI VIRGINIA FUNERAL
SERVICES, INC. T/A KELLAM FUNERAL HOME, INC. in the
matter of closing, vacating and discontinuing an unimproved
portion of Avenue E as shown on that certain plat entitled
"EXHIBIT PLAT SHOWING PORTION OF AVENUE E TO BE
CLOSED (MB. 3, P. 125)(MB. 4, P. 191) VIRGINIA BEACH,
VIRGINIA AUGUST 31, 2007". DISTRICT 3 - ROSE HALL.
The following conditions shall be required:
1. The City Attorney's Office will make the final determination regarding ownership of the
underlyingfee. The purchase price to be paid to the City shall be determined according to the
"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"
approved by City Council. Copies of the policy are available in the Planning Department.
2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the
closed area into the adjoining parcels. The plat must be submitted and approved for
recordation prior to final street closure approval.
3. The applicant shall verify that no private utilities exist within the right-ofway proposed for
closure. Preliminary comments from the utility companies indicate that there are no private
utilities within the right-ofway proposed for closure. If private utilities do exist, easements
satisfactory to the utility company must be provided.
4. Closure of the right-ofway shall be contingent upon compliance with the above stated
conditions within 365 days of approval by City Council (January 21, 2009). If the conditions
noted above are not accomplished and the final plat is not approved within one year of the
City Council vote to close the right-of way, this approval shall be considered null and void.
January 22, 2008
- 56 -
Item K1.c.
ITEM # 57259 (Continued)
PLANNING
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 22, 2008
1 IN THE MATTER OF CLOSING, VACATING AND
2 DISCONTINUING AN UNIMPROVED PORTION OF
3 AVENUE E AS SHOWN ON THAT CERTAIN PLAT
4 ENTITLED "EXHIBIT PLAT SHOWING PORTION OF
5 AVENUE E TO BE CLOSED (M.B. 3, P. 125)(M.B. 4,
6 P. 191) VIRGINIA BEACH, VIRGINIA AUGUST 31,
7 2007"
8
9
10
11 WHEREAS, SCI Virginia Funeral Services, Inc. t/a Kellum Funeral Home,
12 Inc. (the "Applicant"), applied to the Council of the City of Virginia Beach, Virginia, to
13 have the hereinafter described street discontinued, closed, and vacated; and
14
15 WHEREAS, it is the judgment of the Council that said street be
16 discontinued, closed, and vacated, subject to certain conditions having been met on or
17 before one (1) year from City Council's adoption of this Ordinance;
18
19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
20 Virginia Beach, Virginia:
21
22 SECTION I
23
24 That the hereinafter described street be discontinued, closed and vacated,
25 subject to certain conditions being met on or before one (1) year from City Council's
26 adoption of this ordinance:
27
28 All that certain piece or parcel of land situate, lying and being
29 in the City of Virginia Beach, Virginia, designated as the
30 cross-hatched area and described as "AVENUE E
31 (UNIMPROVED 50' PUBLIC R/W) (M.B. 3, P. 125) (M.B. 4,
32 P. 191)" as shown on that certain plat entitled: "EXHIBIT
33 PLAT SHOWING PORTION OF AVENUE E TO BE
34 CLOSED (M.B. 3, P. 125) (M.B. 4, P. 191) VIRGINIA
35 BEACH, VIRGINIA" Scale: 1"=40', dated August 31, 2007,
36 prepared by John E. Sirine and Associates, Ltd., a copy of
37 which is attached hereto as Exhibit A.
38
39 SECTION II
40
41 The following conditions must be met on or before one (1) year from City
42 Council's adoption of this ordinance:
43
44 GPIN: 1487-33-5798; 1487-33-8552; 1487-33-6602 and 1487-33-3397
1
45 1. The City Attorney's Office will make the final determination regarding
46 ownership of the underlying fee. The purchase price to be paid to the City shall be
47 determined according to the "Policy Regarding Purchase of City's Interest in Streets
48 Pursuant to Street Closures," approved by City Council. Copies of said policy are
49 available in the Planning Department.
50
51 2. The applicant shall resubdivide the property and vacate internal lot
52 lines to incorporate the closed area into the adjoining parcels. The plat must be
53 submitted and approved for recordation prior to final street closure approval. Said plat
54 must include a drainage easement over the entire property for future use as deemed
55 necessary by the City of Virginia Beach.
56
57 3. The applicant shall verify that no private utilities exist within the right-of-
58 way proposed for closure. Preliminary comments from the utility companies indicate
59 that there are no private utilities within the right-of-way proposed for closure. If private
60 utilities do exist, the applicant shall provide easements satisfactory to the utility
61 companies.
62
63 4. Closure of the right-of-way shall be contingent upon compliance
64 with the above stated conditions within one (1) year of approval by City Council. If all
65 conditions noted above are not in compliance and the final plat is not approved within
66 one (1) year of the City Council vote to close the street, this approval will be considered
67 null and void.
68
69 SECTION III
70
71 1. If the preceding conditions are not fulfilled on or before January 21,
72 2009, this Ordinance will be deemed null and void without further action by the City
73 Council.
74 2. If all conditions are met on or before January 21, 2009, the date of
75 final closure is the date the street closure ordinance is recorded by the City Attorney.
76
77 3. In the event the City of Virginia Beach has any interest in the
78 underlying fee, the City Manager or his designee is authorized to execute whatever
79 documents, if any, that may be requested to convey such interest, provided said
80 documents are approved by the City Attorney's Office.
81
82 SECTION IV
83
84 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
85 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY
86 OF VIRGINIA BEACH as "Grantor" and SCI VIRGINIA FUNERAL SERVICES, INC. t/a
87 KELLUM FUNERAL HOME, INC. as "Grantee."
88
2
89 Adopted by the Council of the City of Virginia Beach, Virginia, on this
90 ??nndayof ,T;:'!nll;:'!ry ,2008.
CA 10536
\\vbgov. com\dfs 1 \applications\citylawprod\cycom 32\Wpdocs\D019\P002\00045827. DOC
R-1
December 19, 2007
l'll.p~
APPROVED AS TO LEGAL
SUFFICIENCY:
Lttat~ q. 11/i)0v/
City Attorney
3
NOD
1. MERIDIAN SOURCE BASED ON P'LAT RE:OOFIDED IN MAP BOOK 4, PAGE: 191.
1.. ' PORTION OF AVENUE I!: TO BE CLOSED: V / / / /l
3. AREA OF AVENUE E TO BE CLOSED. ltl,923::i: SQUARE FEET/0.3885::i: ACRE.
4. 1MIS PLAT IS NOT INTENDEO TO SHOW ANY EASEMENTS OR PH'l"SlCA1.. FEAllJRES lHAT
MAY AFFECT THlS PROPEI'HY. ROM)
5. 1MIS "LA T DOES NOT CONSTlllJTE A SUBDIVISION OF' LAND. BONNEY R/VO
6. 1MIS PLAT IS NOT THE RESULT OF A RECENT FIELD SURVEY, AND (VAA\~ WlO1H) (:;~C P 191)
THUS IS SUBJECT TO THE RESULTS OF SUCH. (M.B. 3, P. 125 ., 1)' .
(M.B. 132. P.
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NOW OR FORMERLY
SCI VIRGINIA FUNERAL SERVICES, INC. 11
(D.B. 3494, P. 1878)(CERTlFICATE 80. P. 15M)
GPIN 1481-33-etS02
12
PARCEL Z-2
SUSDl\ltS1ON PLAT OF' PARCEL Z 13
(I'NS1'R. * 2008011800(07139)
CPIN 1487-33-3317
NOW OR F'ORMERL Y
CARMAX AUTO SUPERSTORES, INC.
(lNS1'R. 120O>W2040020391)
EXHIBiT PLAT SHOWING
PORTION OF A VENUE E TO BE CLOSED
(M.B. .3, P. 125)(M.B. 4, P. 191)
VIRGINIA BEACH, VIRGINIA
SCALE: 1.....40' AUGUST 31. 2007
JOHN E. SIRINE AND ASSOCIATES. L TO.
SURVEYORS. ENGINEERS. pLAN NERS
4317 BONNEY ROAD
VIRGINIA BEACH, VIRGINIA 2.3452
? 2,0 4p 8,0 1JO 1 ~O FEET
GRAP'H+C SCALE
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SHEET 1 OF 1
REVISED: JANUARY 2. 2008
EXHIBIT A
- 57 -
Item K.2.
ITEM # 57260
PLANNING
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED a
Variance to 94.4(b) of the Subdivision Ordinance that requires all newly created lots meet the
requirements of the City Zoning Ordinance (CZO), Subdivision for MLADICK MEDICAL
ASSOCIATES:
Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for M/adick Medical
Associates. Property is located on the north side of Colonial Medical
Court, 426.92 feet west of First Colonial Road (GPIN 2408534297).
DISTRICT 5 - LYNNHA VEN
The following conditions shall be required:
1. The applicant or property owner shall maintain use of the 11,434.3 square foot parcel in
accordance with the Board of Zoning Appeals variance approved on February 6, 1985, and
the recorded parking agreement for the benefit of the office building located at 1037 First
Colonial Road.
2. The subdivision plat shall substantially adhere to the exhibit plan submitted, entitled
"M/adick Medical Associates Property, Colonial Medical Court, Virginia Beach, VA ",
prepared by MSA, P.e., and dated 10/1/07. Said plan has been exhibited to the Virginia
Beach City Council and is on file in the Planning Department. A note shall be added to the
subdivision plat that the 11,434.3 square foot parcel is not a building site. The lot line
between the 4, 774 square foot parcel and the adjacent parcel to the southwest (Lot 6) shall
be abandoned and the two parcels combined into one
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 22, 2008
- 58 -
Item K.3.
ITEM # 57261
PLANNING
The following registered in SUPPORT:
Attorney R.J. Nutter, 222 Central Park Avenue, Phone: 687-7502, 222 Central Park Avenue, Phone; 687-
7502 represented the applicant. The property is a 10. 21-acre site. As per the request of the Navy and
the City, the density was reducedfrom 124 units to 99 apartments. The units will be 3-story. Two access
ways, as both residential and retail were contained within the application, had been requested on this
property to Nimmo Parkway.
The following registered in OPPOSITION:
Nancy Craft, 3112 New Bridge Road, Phone: 426-201, expressed concern re affordable (mixed income)
housing, which has not been mentioned in this application.
George Pilgrim, 2200 Zie Drive, Phone; 301-3329, referenced and quoted sections of the Comprehensive
Plan Policy Document: Chapter 3, Primary Residential Area, Page 103 (South General Booth
Boulevard Corridor and Page 106, Nimmo Parkway/General Boooth Inersection Area. B-2 is precluded
and Residential Development is encouraged in the area.
Judy A. White, 2252 General Booth Boulevard, Phone: 726-7807, largest landowner next to this property
Ms. White did not agree with the B-4 zoning, as it is too dense. There is nothing but residential
In the surrounding area. Ms. White believed with the MOU density would decrease. The 99 units should
be calculated onfour (4) acres, not ten (10)
Council Lady Henley referenced on January 8, 2008, the City Council adopted the MOU process: One of
the things reviewed very closely was the portion of this process which states:
"Section 1807. Reservation of powers; severability
(a) Nothing in this Article shall be construed to require the City Council to approve any
application solely because it meets the requirements of this Article, it being the intention of
this Article that the City Council shall be entitled to exercise its authority in such
applications to the fullest extent allowed by law. "
The Crescent Condos, M & M Development (1999) A-18, is being utilized as a precedent for this parcel.
Now, this B-4 zoning can be utilized as a precedent for other parcels in this area.
A MOTION was made by Council Lady Henley, seconded by Council Lady McClanan to DENY an
Ordinance upon application of AGC ACQUISITION, LLC, for a Chanze of Zoninz District
Classification from AG-2 Agricultural District to Conditional B-4 Mixed Use District re strip retail and
multi-family development
Upon SUBSTITUTE MOTION by Councilman Wood, seconded by Council Lady Wilson, City Council
ADOPTED an Ordinance upon application of AGC ACQUISITION, LLC, for a Change of Zoninz
District Classification from AG-2 Agricultural District to Conditional B-4 Mixed Use District re strip
retail and multi-family development:
January 22, 2008
- 59 -
Item K.3.
ITEM # 57261 (Continued)
PLANNING
ORDINANCE UPON APPLICATION OF AGC ACQUISITION, L.L.c.
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
AG-2 AGRICULTURAL DISTRICT TO CONDITIONAL B-4 MIXED
USE DISTRICT Z01081204
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of AGC Acquisition, L.L.c. for a Change of
ZoninI! District Classification from AG-2 Agricultural District to
Conditional B-4 Mixed Use District on property located at 1291 Nimmo
Parkway (GPIN 2414161683). DISTRICT 7 - PRINCESS ANNE
The following condition shall be required:
1.An agreement encompassing proffers shall be recorded with the Clerk of the Circuit
Court and is hereby made a part of the record.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of January Two
Thousand Eight
Voting: 8-3
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice Mayor Louis
R. Jones, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
Barbara M Henley, Reba S. McClanan and Mayor Meyera E. Oberndorf
Council Members Absent:
None
This Ordinance had been brought forward prior to Item J.2. Resolution SUPPORTING multi-modal
accommodations to City rights-of-way to enhance safety for pedestrians and cyclists.
January 22, 2008
1 AN ORDINANCE APPROVING THE APPLICATION OF
2 AGC ACQUISITION, LLC FOR A CHANGE OF ZONING
3 DISTRICT CLASSIFICATION FROM AG-2 AGRICULTURAL
4 TO CONDITIONAL B-4 MIXED USE DISTRICT
5
6
7 WHEREAS, AGC Acquisition, LLC (hereinafter the "Applicant") has made
8 application to the City Council for a change of zoning district classification from AG-2
9 Agricultural District to B-4 Mixed Use District on 10.28 acres of property located at 1291
10 Nimmo Parkway, in the Princess Anne District (hereinafter the "Property"); and
11 WHEREAS, the application contemplates, among other things, the development
12 of ninety-nine (99) multiple-family dwelling units on the Property; and
13 WHEREAS, the Property is located within Sub-Area 2 of the 65-70 dB DNL Noise
14 Zone; and
15 WHEREAS, pursuant to Section 1804 of the City Zoning Ordinance, it is the
16 policy of the City Council that no application for a change of zoning of property for a
17 residential use within Sub-Area 2 of the 65-70 dB DNL Noise Zone shall be approved
18 unless the City Council finds that the proposed development:
19 (1) is at a density similar to or lower than that of surrounding properties
20
having a similar use and no greater than recommended by the
21
Comprehensive Plan; and
22 (2) conforms to the applicable provisions of the Comprehensive Plan,
23
including, without limitation, the Princess Anne Corridor Study, Princess
24
Anne Commons Design Guidelines, or Mixed Use Development
25
Guidelines.
26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
27 OF VIRGINIA BEACH, VIRGINIA:
28 That the City Council hereby finds that that the proposed development:
29 (1) is at a density similar to or lower than that of surrounding properties
30
having a similar use and no greater than recommended by the
31
Comprehensive Plan; and
32 (2) conforms to the applicable provisions of the Comprehensive Plan,
33 including, without limitation, the Princess Anne Corridor Study, Princess
34 Anne Commons Design Guidelines, or Mixed Use Development
35 Guidelines.
36 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
37 BEACH, VIRGINIA:
38 That the application is hereby approved, subject to the terms and conditions set
39 forth in the Conditional Zoning Agreement dated May 25, 2007, which Agreement was
40 exhibited to the City Council this date.
41 Adopted by the City Council of the City of Virginia Beach on the 22nd day of
42 January, 2008.
43
44
45
46
47
48
49
50
51
52
53
CA-10611
R-1
January 14, 2008
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
-
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City Attorney's Office
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2
Prepared by Troutman Sanders LLP
AGREEMENT
THIS AGREEMENT is made this 25th day of May, 2007, by and between AGC
ACQUISITION. LLC, a Virginia limited liability company, hereinafter ("AGC"), and BOOTH
FERRELL ASSOCIATES, a Virginia general partnership, hereinafter ("Booth"), which
collectively may be referred to herein as ("Grantors"), and the CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia, hereinafter ("Grantee").
WIT N E SSE T H:
WHEREAS, AGC is the contract purchaser of a parcel located in the Princess Anne
District of the City of Virginia Beach, Virginia, containing approximately 10.28 more or less,
which parcel is currently owned by Booth, which property is more particularly described in the
exhibit labeled Exhibit A attached to this Agreement (the "Property"); and
WHEREAS, the Property is presently zoned AG-2 and is subject to the terms of the
zoning ordinance of the City of Virginia Beach; and
WHEREAS, AGC intends to develop, operate, and use the Property in a manner more
restrictive than contemplated by the current zoning of the Property, and AGC has initiated an
amendment of the Zoning Map by petition addressed to the Grantee, so as to change the
classification of the Property from AG-2 to Conditional B-4 with the covenants, restrictions and
conditions of this Agreement;
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
GPINs: 2414-16-1683-0000
WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses
conflict, and that in order to permit differing uses on and in the area of the subject Property and at
the same time to recognize the effects of the change and the need for various types of uses,
certain reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned B-4 are needed to cope with
the situation to which the Grantors' rezoning application gives rise; and
WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to
the public hearing before the Grantee, as part of the proposed amendment to the Zoning Map, in
addition to the regulations provided for in the existing B-4 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 Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record
owner of the subject Property at the time of recordation of such instrument; provided, further,
2
that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of
the 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 Grantors, for themselves, their successors, assigns, grantees,
and other successors in title or interest, voluntarily and without any requirement by or exaction
from the Grantee or its governing body and without any element of compulsion of quid pro quo
for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the
following declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property and hereby covenants and agrees that these
proffers shall constitute covenants running with the said Property, which shall be binding upon
the Property and upon all parties and persons claiming under or through the Grantors, their heirs,
personal representatives, assigns, grantees and other successors in interest or title, namely:
1. The development of the Property shall be in substantial conformance with the site
plan titled "Atlantic Gardens", last revised May 10, 2007, as modified with respect to the
residential portion by that site plan titled "A.G.C. Apartments Site Plan" dated May 12, 2007,
prepared by Jeff Love and Associates, which plans have been exhibited to the City Council and
are on file in the Planning Department of the City of Virginia Beach (collectively, the "Site
Plan").
2. The buildings constructed on the Property shall be constructed in substantial
conformance with the building elevations titled "Atlantic Gardens Center Proposed Retail
3
Center" and '''Atlantic Garden Center' Apartments Proposed Elevation" dated May 10, 2007,
prepared by Jeff Love and Associates, which elevations have been exhibited to the City Council
and are on file in the Planning Department of the City of Virginia Beach (collectively, the
"Building Elevations").
3. The number of residential units developed on the Property shall not exceed
ninety-nine (99) units, in compliance with the recommendation of the City of Virginia Beach
Planning staff.
4. No gas station or convenience store shall be located on the Property.
5. The Grantors shall install and maintain a solid privacy fence, constructed of
materials of the Grantors' choosing, along the southern boundary of the Property immediately
adjacent to the neighboring parcel identified by GPIN 2414-06-8108.
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 Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia
Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of
the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; (3) if
4
aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the
City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map 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 of the Grantors 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]
5
IN WITNESS WHEREOF, the foregoing Agreement is executed by the parties as of the
date first written above.
AGC ACQUISITION, LLC,
a VirgJimited liability company
By: .J-J~.J.P. -I 1\ .
1e-i22>] W\.~A:\I, ~ ~ Y. - ~ v\,. 'V'IfoJ- ~ ,LLL
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COMMONWEAL TH OF VIRGINIA
COUNT~OF V '-A-"'~::"'~\4
, to-wit:
The foregoing instrument was acknowledged before me this L s--I-day of Y'{l f" 'i
2007, by ~ ~ <L a'1 (y\. . rn "'"(L'" \- ............. , in his capacity as v. ?~""'. '" '-_ + of AGC
Acquisition, LLC, a Virginia limited liability company, on its behalf, and that he is personally
known to me or produced
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Ferrell Associates, a Virginia general partnership, on its behalf, and that he is personally known
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Exhibit A
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon,
lying, situate and being in the City of Virginia Beach, Virginia, and being a portion of the land
shown on that certain plat entitled, "Subdivision of Property, Charles C. Hickman, et ux: which
said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 88, at page 45 and being more particularly described as follows:
BEGINNING at a point at the eastern right-of-way line of Oceana Boulevard at the southeastern
intersection of Oceana Boulevard and the Proposed Indian River - Courthouse Road as shown on
said plat, thence South 18 degrees 04' West 169.42 feet, more or less, along the eastern right-of-
way line of Oceana Boulevard to a pin, which pin is in the northwesterly corner of Lot C as
shown on said plat; thence South 71 degrees 56' East 261.97 feet along the northern side lot line
of Lot C as shown on said plat to a pin; thence South 18 degrees 04' West 412.44 feet along the
eastern side lot lines of Lots A, Band C as shown on said plat to a pin in the southeastern corner
of Lot A as shown on said plat; thence South 52 degrees 30' East 570.10 feet, more or less, to the
center line of a ditch as shown on said plat, said ditch dividing the property of the grantor herein
conveyed and the property now or formerly owned by Woodrow White located on the eastern
side of the property of the grantor herein conveyed; thence along the center line of said ditch
North 25 degrees 50' East 961.05 feet, more or less, to a point in the southern right-of-way line
of the Proposed Indian River - Courthouse Road and thence along a curve to the left of the
southern right-of-way line of the Proposed Indian River - Courthouse Road, said curve having a
radius of 3,764.72 feet and an arc distance of 832.89 feet to a point; thence South 87 degrees 46'
West 3.13 feet to the point of beginning.
LESS AND EXCEPT those certain parcels described and designated as "0.507 AC. TO
CONVEYED TO LOT 'c'" and "0.459 AC. TO BE CONVEYED TO LOT 'B'" as shown on
that certain plat entitled "Subdivision of Property of Charles C. Hickman, et ux, DB 482, P. 21,
MB 25, P. 70, MB 88, P. 45, Princess Anne Borough, Virginia Beach, Va." which said plat is
duly recorded in the Clerk's Office aforesaid in Map Book 146 at page 44.
ALSO LESS AND EXCEPT that certain piece or parcel of land designated and described as
"Take Area = 7,413.290 sq. ft." as shown on that certain plat entitled "Plat of Parcel 060, General
Booth Blvd., Property of Charles C. Hickman and heirs of Ruth S. Hickman, deceased", which
said plat is recorded in the Clerk's Office aforesaid in Map Book 166 at page 18 and which piece
or parcel was conveyed to the City of Virginia Beach, Virginia, by deed of Charles Carlton
Hickman, widower, dated May 11, 1983, and recorded in the Clerk's Office aforesaid in Deed
Book 2259, at page 1541.
IT BEING the same property conveyed to Booth Ferrell Associates, a Virginia general
partnership by deed from Nimmo Land Company, a Virginia general partnership, dated May 9,
1991 and recorded May 10, 1991 in the Clerk's Office of the Circuit Court of the City of Virginia
8
Beach, Virginia in Deed Book 2985 at page 1924. Deed of Correction dated June 19,2006 and
recorded June 22, 2006 as Instrument No. 20060622000946700.
328993v4
9
- 60-
Item K.4.
ITEM # 57262
PLANNING
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of NANTUCKET BY THE BAY, L.L.C. for the Modification to a
Conditional Change of Zoning request (approved by City Council on October 25,2005 for S & J LLC)
ORDINANCE UPON APPLICATION OF NANTUCKET BY THE BAY,
L.L.c. FOR THE MODIFICATION OF A REQUEST APPROVED BY
CITY COUNCIL ON OCTOBER 25, 2005 (S & J, L.L. C.).
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Nantucket by the Bay, L.L.c. for the
modification of a request approved by City Council on October 25, 2005
(S & J, L.L.c.). Proper.ty is located at 3762 Shore Drive and 3707
Stratford Road (GPINs 1489387919; 1489396043; 1489395071).
DISTRICT 4 - BAYSIDE.
The following condition shall be required:
1. An agreement encompassing modified proffers shall be recorded with the Clerk of the
Circuit Court and is hereby made a part of the record.
The applicant has added Proffer 7, which notes the "eating and drinking establishment use in the existing
building shall not continue beyond June 1, 2011."
This Ordinance shall be effective in accordance with Section 1 07 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of January Two
Thousand Eight
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
T~~..~~, ')') ')nnfl
rttivs`tst.191_t�1'.BFA
it
H ti` z CITY OF VIRGINIA BEACH
�_ `` INTER-OFFICE CORRESPONDENCE
°' OUR NAISO�
In Reply Refer To Our File No. DF-6915
DATE: January 11, 2008
TO: Leslie L. Lilley DEPT: City Attorney
FROM: B. Kay Wilso ^'" DEPT: CityAttorney
Y
RE: Conditional Zoning Application: Nantucket by the Bay, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on January 22, 2008. I have reviewed the subject proffer agreement, dated
October 30, 2007 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/bm
Enclosure
cc: Kathl en Hassen
FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND
CONDITIONS
NANTUCKET BY THE BAY, L.L.C., a Virginia limited liability company
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 3oth day of October, 2007, by and between
NANTUCKET BY THE BAY, L.L.C., a Virginia limited liability company, Grantor; and THE
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,
Grantee.
WITNESSETH:
WHEREAS, the party of the first part is the owner of three (3) parcels of property
located in the Bayside District of the City of Virginia Beach, containing approximately ±
.78 Acres which are more particularly described as Parcels 1, 2 and 3 in Exhibit "A"
attached hereto and incorporated herein by this reference. Said parcels are herein
together referred to as the "Property"; and
WHEREAS,the Grantor has initiated a modification to a conditional amendment to
the Zoning Map of the City of Virginia Beach,by petition addressed to the Grantee so as to
modify conditions to the Zoning Classification of the Property; and
WHEREAS, the Grantor has requested Grantee to permit this modification of the
previously proffered Covenants, Restrictions and Conditions dated May 31, 2005 and
recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach,
Virginia as Instrument #20051103001781020 (hereinafter "2005 Proffers"), to reflect
amendments applicable to the land use plan on the Property; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
GPIN: 1489-38-7919
PREPARED BY•
1489-39-6043
®AI4 RN&L SYICES.$OURDO.P.C.N. 1489-39-5071
l! tW
1
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible development of various types of uses conflict and that in order to permit
differing types of uses on and in the area of the Property and at the same time to recognize
the effects of change that will be created by the proposed modification of conditions to the
zoning, 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 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 a part of the proposed modification to
the existing zoning conditions with respect to the Property, the following reasonable
conditions related to the physical development, operation, and use of the Property to be
adopted,which conditions have a reasonable relation to the proposed modification and the
need for which is generated by the proposed modification.
NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns,
grantees, and other successors in title or interest, voluntarily and without any requirement
by or exaction from the Grantee or its governing body and without any element of
compulsion or quid pro quo for zoning, rezoning, site plan,building permit, or subdivision
approval, hereby makes the following declaration of conditions and restrictions which
shall restrict and govern the physical development, operation, and use of the Property and
hereby covenants and agrees that this declaration shall constitute covenants running with
the Property, which shall be binding upon the Property and upon all parties and persons
claiming under or through the Grantor, its successors, personal representatives, assigns,
grantees, and other successors in interest or title:
1. When the Property is redeveloped, in order to achieve a coordinated design
and development of this mixed use site in terms of limited vehicular access, parking,
landscape buffering, and building design, the "CONCEPTUAL SITE LAYOUT AND
LANDSCAPE PLAN OF VINTAGE QUAY", dated May 30, 2005, prepared by MSA, P.C.,
which has been exhibited to the Virginia Beach City Council and is on file with the Virginia
Beach Department of Planning ("Concept Plan") shall be substantially adhered to.
2. When the Property is redeveloped, vehicular ingress and egress shall be via
PREPARED BY: one (1) entrance from Stratford Road.
Ell SYICES.$OURDON.8�LEVY.P.0 3. The architectural design of the building depicted on the Concept Plan will be
substantially as depicted on the exhibit entitled "VINTAGE QUAY Bishard Development
2
Retnauer Design Associates", which has been exhibited to the Virginia Beach City Council
and is on file with the Virginia Beach Department of Planning ("Elevation"). The principal
exterior building materials shall be brick and synthetic cedar shake siding.
4. When the Property is redeveloped, there will be no more than eighteen (18)
residential units and no less than 2400 square feet of enclosed commercial space not
utilized for residential purposes, within the building depicted on the Concept Plan.
5. Until the Property is redeveloped, if the existing building is to be utilized for
any commercial use it shall be renovated, the exterior of the building shall be upgraded
with an earth-tone EIFS exterior and landscaping shall be planted substantially in
accordance with the "SOUTH ELEVATION FROM SHORE DRIVE / FAST ELEVATION
FROM W. STRATFORD RD. INTERSECTION", which has been exhibited to the Virginia
Beach City Council and is on file with the Virginia Beach Department of Planning
("Landscape Elevation").
6. The only commercial uses permitted on the Property are:
a. retail shops;
b. florists, gift shops and stationary stores;
c. business studios, office and clinics;
d. medical and dental offices and clinics; and
e. an eating and drinking establishment not exceeding 2000 square feet
in total floor area; which cannot sell any alcoholic beverages; which
cannot have any live entertainment; and which will close daily by no
later than ii:oo PM.
7. When the "existing building" is renovated as described in proffer 5, if a
portion of the building is used for an eating and drinking establishment, as described in
proffer 6(e), the eating and drinking establishment use in the existing building shall not
continue beyond June 1, 2011.
8. 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.
9. The Covenants, Restrictions and Conditions set forth herein replace and
supersede the 2005 Proffers.
The Grantor further covenants and agrees that:
PREPARED BY: All references hereinabove to the B-4 (SD) District and to the requirements and
NS1'Ic�s.$0 1Dy0N. regulations applicable thereto refer to the Comprehensive Zoning Ordinance and
tU��(2N&LEVY.PC.
Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of
3
approval of this Agreement by City Council, which are by this reference incorporated
herein.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue
in full force and effect until a subsequent amendment changes the zoning of the Property
and specifically repeals such conditions. Such conditions shall continue despite a
subsequent amendment to the Zoning Ordinance even if the subsequent amendment is
part of a comprehensive implementation of a new or substantially revised Zoning
Ordinance until specifically repealed. The conditions, however, may be repealed,
amended, or varied by written instrument recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, and executed by the record owner of the
Property at the time of recordation of such instrument, provided that said instrument is
consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of the Grantee, after a public hearing before the
Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code
of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with
said instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied; and (b) to bring legal action or suit to insure compliance with
such conditions, including mandatory or prohibitory injunction, abatement, damages, or
other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantors shall petition the governing body for the review thereof
PREPARED BY: prior to instituting proceedings in court; and
In SY1c£S.$ol7RDON. (4) The ZoningMapmayshow byan appropriate s bol on the mapthe
111 ERN&LEVY.P.Csymbol
existence of conditions attaching to the zoning of the Property, and the ordinances and the
4
conditions may be made readily available and accessible for public inspection in the office
of the Zoning Administrator and in the Planning Department, and they shall be recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and indexed
in the names of the Grantors and the Grantee.
PREPARED 8Y'
el SYKES.BOURDON.
AHERN&LEVY.P.0
5
WITNESS the following signature and seal:
Grantor:
Nantucket By The Bay, L.L.C., a Virginia limited
liability company
By: 7l(�4,z - 1r-..04- / (SEAL)
Steven Bishard, Managing Member
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH,to-wit:
The foregoing instrument was acknowledged before me this 3ist day of October,
2007, by Steven Bishard, Managing Member of Nantucket By The Bay, L.L.C., a Virginia
limited liability company.
. d.-)41/t- Tr)
Notary Public
My Commission Expires:August 31, 2010 TA�••...
Notary Registration No.: 192628 :•;.� `
ti
•
4.410C
..•.....•N
PREPARED BY:
SYKES.DOURDON.
RI AHERN&LEVY.P.C.
6
EXHIBIT "A"
PARCEL 1:
ALL THAT certain lot, piece or parcel of land,with the buildings and improvements thereon,
lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered
and designated as Lot 7, in Block 33, as shown on that certain plat entitled "Plat of Ocean
Park, Section B", which said plat is duly recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach,Virginia,in Map Book 5,at Page 137.
GPIN: 1489-39-7919
PARCEL 2:
ALL THAT certain lot, piece or parcel of land,with the buildings and improvements thereon,
lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered
and designated as Lot 6, in Block 33, as shown on that certain plat entitled, "Plat of Ocean
Park, Section B", which said plat is duly recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach,Virginia,in Map Book 5,at Page 137.
GPIN: 1489-39-6043
PARCEL 3:
ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvements
thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known,
numbered and designated as Lots 4, 5, 8 and 9, in Block 33, as shown on that certain plat
entitled "Plat of Ocean Park, Section B",which said plat is duly recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach,Virginia,in Map Book 5, at Page 137.
GPIN: 1489-39-5071
ModificationtoProffers/NantucketbytheBay/Proffer2_Clean
Rev_i.o8.o8
PREPARED BY:
SYKES.$OURDON.
in tlHERN&LEVY.P.0
7
- 61 -
Item K5. ITEM#57263
PLANNING
Attorney Edward Bourdon, Pembroke Office, 281 Independence Boulevard, Phone: 499-8971,
represented the applicant, and advised the application consists of six(6) homes on 3.2 acres, of which
1.82 acres are developable land. This rezoning is not to increase the density. The proposal encompasses
3.2 units per acre. The need to rezone is to permit an attached dwelling. There is a critical shortage of
affordable housing in the City. The property is located on the southside of Interstate 264 and is just
East of South Plaza Trail and West of Lynnhaven Parkway(only accessible through Princess Anne
Plaza).
John Morgan, Executive Director—Habitat for Humanity, 6320 Buckwell Circle, Phone: 424-6046,
Their clients are hard-working families, making 30%to 60%of the median income. They have no other
Opportunity for home ownership other than through Habitat for Humanity This property was donated
to Habitat for humanity three (3)years ago.
Helen Hayes Sommer, Habitat for Humanity of South Hampton Roads, 900 Tidewater Drive, Norfolk,
Virginia, Phone; 640-0590
A MOTION was made by Councilman Diezel, seconded by Councilman Dyer, to ADOPT an Ordinance
upon application of SOUTH HAMPTON ResidentialSo HABITATCond FOR
al HUMANITY,
UM-12A I T Y,Apartment for a at Zurich Arch and
ge of
Zoning District Classification from
1-264
A SUBSTITUTE MOTION was made by Councilman Uhrin, seconded by Councilman DeSteph to
DEFER Ordinance upon application of SOUTH HAMPTON ROADS HABITAT FOR HUMANITY,
INC. for a Change of Zoning District (Classification from R-7.5 Residential to Conditional A-12
Apartment at Zurich Arch and I-264. This Deferral would provide discussions re a "land swap".
Voting: 5-5 (MOTION TO DEFER LOST TO A TIE VOTE)
Council Members Voting Aye:
William R "Bill" DeSteph, Barbara M. Henley, Vice Mayor Louis R. Jones,
Reba S. McClanan and John E. Uhrin
Council Members Voting Nay:
Harry E. Diezel, Robert M. Dyer, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Absent:
Mayor Meyera E. Oberndorf
January 22, 2008
- 62-
Item K.5.
ITEM # 57263 (Continued)
PLANNING
Upon motion by Councilman Diezel, seconded by Councilman Dyer, ADOPTED an Ordinance upon
application of SOUTH HAMPTON ROADS HABITAT FOR HUMANITY, INC. for a Change of
Zoning District Classilicationfrom R-7.5 Residential to Conditional A-12 Apartment at Zurich Arch and
1-264:
ORDINANCE UPON APPLICATION OF SOUTH HAMPTON ROADS
HABITAT FOR HUMANITY, INC. FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-7.5 RESIDENTIAL DISTRICT
TO CONDITIONALA-12 APARTMENT DISTRICT Z01081205
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of South Hampton Roads Habitat for
Humanity, Inc. for a Change of Zoning District Classification from R-7.5
Residential District to Conditional A-12 Apartment District on property
located on the east side of Zurich Arch, south of 1-264 (GPIN
1487939540). DISTRICT 3 - ROSE HALL
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the Clerk of the
Circuit Court and is hereby made a part of the record.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of January Two
Thousand Eight
Voting: 6-4
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, John E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
William R. "Bill" DeSteph, Barbara M Henley, Vice Mayor Louis R. Jones,
and Reba S. McClanan
Council Members Absent:
Mayor Meyera E. Oberndorf
January 22, 2008
PREPARED BY:
I:JIB SYKj;S. ROURDON.
mil AIlmN & LM. P.c.
II
SOUTH HAMPTON ROADS HABITAT FOR HUMANITY, INC.
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 23rd day of October, 2007, by and between SOUTH
HAMPTON ROADS HABITAT FOR HUMANITY, INC., Grantor; and THE CITY OF
VIRGINIA BEACH, a municipal corporation ofthe Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of a certain parcel of property located in the
Rose Hall District of the City of Virginia Beach, containing approximately 3.202 acres,
which is more particularly described in Exhibit "A" attached hereto and incorporated
herein by this reference. Said parcel is herein referred to as the "Property"; and
WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map
of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change
the Zoning Classification of the Property from R-7.5 Residential District to Conditional A-
12 Apartment District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development ofland
for various 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 permit differing uses on and in the area of the
Property and at the same time to recognize the effects of 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 si~ilarly zoned are
needed to cope with the situation to which the Grantor's rezoning application gives rise; and
GPIN: 1487-93-9540
\\\ \ \ \\ 1\1\\ \ 1\\1\\11\\\\\1\11\ \1\\\\\\ 1\\\\\ I \1\ 11\
20080125000092830 Pg. 1 OF 6
City of Virginia Beach
01/25/2008 10:59:50 AM AGMT
Tina E. Sinnen, Clerk
PFCF1\/ED
Z008
.r'. '-3
1t''!- ...... .
iU" ...1
(~ .J
1
il
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed amendment to the
Zoning Map, in addition to the regulations provided for the A-12 Zoning District by the
existing overall Zoning Ordinance, the following reasonable conditions related to the
physical development, operation, and use of the Property to be adopted as a part of said
amendment to the Zoning Map relative and applicable to the Property, which has a
reasonable relation to the rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, for itself, its successors, personal
representatives, assigns, grantee, and other successors in title or interest, voluntarily and
without any requirement by or exaction from the Grantee or its governing body and
without any element of compulsion or 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 this declaration
shall constitute covenants running with the Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the Grantor, its
successors, personal representatives, assigns, grantee, and other successors in interest or
title:
1. When the Property is developed, it shall be subdivided and the layout of the
townhomes shall be substantially in accordance with the Exhibit entitled "CONCEPTUAL
SITE LAYOUT OF ZURICH ARCH PROPERTY" dated 09/21/07, prepared by MSA, P.C.,
which has been exhibited to the Virginia Beach City Council and is on file with the Virginia
Beach Department of Planning (hereinafter the "Concept Plan").
2. When the Property is developed, there will be no more than SIX (6)
residential townhome units, as depicted on the Concept Plan.
3. When the Property is developed, the residential structures depicted on the
Concept Plan shall have the architectural design and appearance substantially as depicted
on the combined Exhibit entitled "BUILDING FRONT ELEVATIONS OF ZURICH ARCH,
VIRGINIA BEACH, VIRGINIA FOR HABITAT FOR HUMANITY" and "BUILDING ROOF
PLANS OF ZURICH ARCH, VIRGINIA BEACH, VIRGINIA FOR HABITAT FOR
PREPARED BY HUMANITY", dated October 10,2007, prepared by Kroskin Design Group which has been
III SYHS. ROURDON. exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning
rh!I AII[RN & [M. P.c.
Department ("Elevations)".
2
PREPARED BY:
~ SYk'IS. ROURDON.
mu AII[RN & 1M. P.c.
4. 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.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue
in full force and effect until a subsequent amendment changes the zoning of the Property
and specifically repeals such conditions. Such conditions shall continue despite a
subsequent amendment to the Zoning Ordinance even if the subsequent amendment is
part of a comprehensive implementation of a new or substantially revised Zoning
Ordinance until specifically repealed. The conditions, however, may be repealed,
amended, or varied by written instrument recorded in the Clerk's Office of the Circuit I
Court of the City of Virginia Beach, Virginia, and executed by the record owner of the
Property at the time of recordation of such instrument, provided that said instrument is
consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of the Grantee, after a public hearing before the
Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code
of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with
said instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
The 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 and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied; and (b) to bring legal action or suit to insure compliance with
such conditions, including mandatory or prohibitory injunction, abatement, damages, or
other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantor shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
3
PREPARED BY:
~m SYKJ::S. ROURDON.
_ AIImN & LM. P.C
.1
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office
of the Zoning Administrator and in the Planning Department, and they shall be recorded
in the Clerk's Office of the Circuit Court ofthe City of Virginia Beach, Virginia, and indexed
in the name of the Grantor and the Grantee.
4
PREPARED BY:
~.m SYKIS. IlOURDON.
_ Am::RN & LbVY, P.c.
EXHIBIT "A"
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon,
belonging, lying, situate in the City of Virginia Beach, Virginia, and being known, numbered
and designated as "PARCEL B" as shown on that certain plat entitled "Subdivision of
Lynnhaven Woods, Section Four, Virginia Beach, Virginia," which said plat is duly recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in map book
199, at page 55 et seq., which parcel is further identified by the GPIN number 1487-93-9540-
0000.
GPIN: 1487-43-9540
ConditionalRezone/HabitatforHumanity /Proffer2_ Clean
Rev. 10/23/07
6
, ' .
PREPARED BY:
mID SYK'IS, ROURDON.
1\11 AHERN & lEVY. p,c.
WITNESS the following signature and seal:
Grantor:
South Hampton Roads Habitat for Humanity, Inc.
By:
{)
~/U {.
j ;' -G.-! /' (SEAL)
/ John K. Mqf an III, Executive Director
//
t/
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 24th day of October,
2007, by John K. Morgan III, Executive Director of South Hampton Roads Habitat for
Humanity, Inc.
A"J~ ~ Jj 7//ctl#
. Notary Public
My Commission Expires: August 31, 2010
Notary Registration No.: 192628
5
- 63 -
Item V-I.].
APPOINTMENTS
ITEM #57264
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
COMMUNITY SERVICES BOARD (CSB)
HUMAN RIGHTS COMMISSION
RESORT ADVISORY COMMISSION (RAC)
II
January 22, 2008
II
- 64-
Item V-I. 2.
APPOINTMENTS
ITEM #57265
Upon NOMINATION by Councilman Wood, City Council APPOINTED:
Brian Kirwin
Unexpired term thru 6/30/11
ARTS and HUMANITIES COMMISSION
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley,
Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A.
Villanueva, Rosemary Wilson and James I. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
January 22, 2008
I II
- 65 -
Item V-O.
ADJOURNMENT
ITEM # 57266
Vice Mayor Louis R. Jones DECLARED the City Council Meeting ADJOURNED at 8:36 P.M.
~__d~_L:fd~
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
~~_ 0 .:__~______
Louis R. Jone-r-
Vice Mayor
uth Hodges Fraser, MMC
City Clerk
~-diJ
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
January 22, 2008