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Home My WebLink AboutMARCH 7, 2000 MINUTES"COMMUNITY FOR A LIFETIME" MAYOR MEYERA E. OBERNDORF, At-Large i 'ICE MAYOR W?LLIAM D. SESSOMS, JR, At-Large JOHN A. BA UM, A r-La,~e LI. NqVOOD O. BRANCH, IlL District 6-Beach MAR(MRET L. EURE, Dt.qrwt l. Centcrville WILLLqM I[: ttARRISON, .'fR., Distrtct $-Lvnnhave, BARBAIL4 M. ttENLEI; Dismct 7 -P~ncess Anne LOUIS R. JON£S, District 4-Ba_vsute REBA S. McCLANAN, District 3-Rose Hall NA,N CY K. PARKER, At-La~,ge A.M. (DON) WEEKS. District 2-Kempwille J.4MES K SPORE, City Manage[ LESLIE L. LILLE,; C/.[v Attoru,w RUTH ttODGES-SMITtL City Clerk CITY COUNCIL AGENDA March 7, 2000 REVIEW OF AGENDA ITEMS - Conference Room - I:~OPM II. CITY COUNCIL COMMENTS III. INFORMAL SESSION A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION IV. FORMAL SESSION - Council Chamber- 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Mark J. Olson, D.D. Thalia Lynn Baptist 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 MINUTES 1. INFORMAL & FORMAL SESSIONS February 22, 2001 AGENDA FOR FORMAL SESSION The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. H. ORDINANCES Ordinance to ACCEPT and APPROPRIATE a $684,000 Congestion Mitigation and Air Quality Grant from the Virginia Department of Transportation (VDOT) to Public Works for Traffic Safety Improvements -Phase Il (CIP//2-285) re relief of congestion at arterial intersections; and, AUTHORIZE the City Manager to execute all necessary documents to begin construction. 2. Ordinances to AUTHORIZE temporary encroachments: bo A portion of 5:32 Southside Road by CHRISTOPHER E WORRELL ESTATE re an existing pier/dock and bulkhead with rip-rap adjacent to the existing bulkhead at Lake Wesley. A portion of 5:56 Southside Road by WILLIAM S. AND SALLY W SHELLHORSE re an existing pier/dock and bulkhead with rip-rap adjacent to the existing bulkhead at Lake Wesley. A portion of 540 Southside Road by MICHAEL J. STANDING JR. re an existing pier/dock and bulkhead with rip-rap adjacent to the existing bulkhead at Lake Wesley. A portion of the right-of-way of Katie Brown Drive by GRAYSON WOODS, L.C. re parking spaces, landscaping, irrigation, electrical lines, conduits, control wires, and lighting; authorize the City Manager to execute all necessary agreements; and, this ordinance shall be effective only upon the signature of the City Manager and the applicant. 3. REFUNDS: a. License Refunds: $27,044.92 b. Tax Refunds: $18,319.36 c. Trustee Tax $ 3,048.00 RESOLUTIONS Resolution to AUTHORIZE a grant application for $53,412 to the CHESAPEAKE BAY LOCAL ASSISTANCE DEPARTMENT for Fiscal Year 2000-2001; and, to authorize the City Manager to execute all necessary agreements with matching funds of $119,644. Resolution re location, alignment and design of Elbow Road Extended - Phase II AND Indian River Road -Phase VII; and, requesting Virginia Department of Transportation (VDOT) proceed with final design of ALTERNATIVE II for these two vital highway improvement projects. PLANNING Application of 7-ELEVEN, INC., t/k/a The Southland Corporation for a Conditional Use Permit for automobile service (fuel sales) in con]unction with a convenience store at the Southeast corner of Diamond Springs Road and Wesleyan Drive, containing 1.1 acres (BAYSIDE - DISTRICT 4) Deferred: February 22. 2000 Recommendation: APPROVAL 2. Applications re Changes of Zoning District Classifications (BEACH - DISTRICT 6): COLLETT PROPERTIES, INC., and COLLETT CHESAPEAKE PARTNERS, L.L.C. from B-2 Community Business District to Conditional B-2 Community Business District at the Southeast intersection of Virginia Beach Boulevard and Parker Lane, containing 3.481 acres. COLLETT PROPERTIES, INC., from I-1 Industrial District to Conditional B-2 Community Business District on the East side of Parker Lane, beginning 150 feet more or less South of Virginia Beach Boulevard, containing 8.433 acres. Deferred: February 08, 2000 February 22, 2000 Staff Recommendation: Planning Comm. Recommendation: DENIAL APPROVAL K. APPOINTMENTS BOARD OF BUILDING CODE APPEALS FRANCIS LAND HOUSE BOARD OF GOVERNORS HEALTH SERVICE ADVISORY BOARD VIRGINIA BEACH CRIME TASK FORCE WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS A. ABSTRACT OF CIVIL CASES RESOLVED - FEBRUARY, 2000 N. ADJOURNMENT PROPOSED FY 2000-2001 RESOURCE MANAGEMENT PLAN SCHEDULE DATE EVENT LOCATION TOPIC Tuesday, March 28 - Presentation of the FY 2000 Council Chamber City Manger's Proposed Resource 6:00 PM -2001 Resource Mgmt. Plan Management Plan Tuesday, April 4 Council Workshop Council Conference Room Economic Vitality, Safe Community, 10:00 AM - Noon & Policy and Decision Support Tuesday, April 11 Council Workshop Council Conference Room Quality Education for Lifelong 10:00 AM - Noon Learning Thursday, April 13 Public Hearing To be announced Public comment on Proposed FY 7:00 PM - 9:30 PM 2000-2001 Resource Mgmt. Plan Tuesday, April 18 Council Workshop Council Conference Room Quality Physical Environment & 10:00 AM - Noon Operational Support Tuesday, April 25 Council Workshop Council Conference Room Cultural and Recreational 2:00 PM - 4:00 PM Opportunities & Family and Youth Opportunities Tuesday, April 25- 6:00 Public Hearing Council Chamber Public Comment PM Thursday, May 4 Council Workshop Council Conference Room Reconciliation of outstanding 10:00 AM - Noon resource issues Tuesday, May 9 - 2:00 PM Adoption of FY 2000-2001 Council Chamber Resource Mgmt. Plan ff you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 4274303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 03/02/00slb AGENDA\03-07-00 www.virginia-beach.va.us CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS 0 H M B A C E S DATE: February 22, 2000 B R H C R P E PAGE: I R R E J L N A S W B A E I N O A D R S E A N U S L N N O K O E AGENDA U C R O E E A R E M K ITEM # SUBJECT MOTION VOTE M H E N Y S N F R S S I/1 BRIEFING: Jerald Banagan, Real Estate FY 2001 REAL ESTATE ASSESSMENTS Assessor II/1 BRIEFING: Daniel Stone, COMPREHENSIVE SERVICES ACT Director, Social FUNDING Services Ill/IV/ CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VNII E F MINUTES - February 8, 2000 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y GIHI PUBLIC HEARING: No Speakers 1/a/b ARP (princess Anne - Distdct 7) a. DOK/CLK b. Jensen/Buffington I/1/a Ordinances to authorize acquisition of ADOPTED BY 9-1 Y Y Y A Y Y N Y Y Y Y ARP easements/contract obligations CONSENT B (PRINCESS ANNE - DISTRICT 7); S T DOK West, LC. $1,332,697.33 A CLK Company $ 666,348.67 I N E D b Jensen/Buffington $ 213,909.00 ADOPTED BY 10-1 Y Y Y Y Y Y N Y Y Y Y CONSENT 2 Ordinance to AMEND Sec. 23-43 of City ADOPTED BY 10-1 Y Y Y Y Y Y N Y Y Y Y Code, ADDING subsection re CONSENT trespassing violations on private propert7 3 Ordinance to APPROPRIATE $353,352 re ADOPTED BY 11-0 Y Y Y Y Y Y Y y y y y Tourism Advertising Program CONSENT 4 Ordinance to APPROPRIATE $55,000 to ADOPTED BY 11-0 Y Y Y Y Y Y y y y y y Davis Corner Volunteer Rescue Squad CONSENT re interest-free loan to refurbish ambulances 5 Ordinance to ACCEPT/APPROPRIATE ADOPTED BY 11-0 Y Y Y Y Y Y y y y y y $35,6501510,550 grants from Bill and CONSENT Mellnda Gates Foundation to Public Libraries at Oceanfront Library/Central Library 6 Ordinance to establish the Town Center ADOPTED BY 9-1 Y Y Y A Y Y Y Y Y Y N Infrastructure/TRANSFER $1,357,829/ CONSENT B APPROVE EDIPI IDENTIFY Support S Agreement T A I N E D 7 Ordinance to TRANSFER $70,000 re ADOPTED BY 10-1 Y Y Y Y Y Y N Y Y Y Y Census 2000 CONSENT 8 LICENSE REFUNDS: $ 52,603.18 APPROVED BY 11-0 Y Y Y Y y y y y y y y CONSENT J/1 Resolution to authorize issuance/sate of ADOPTED BY 11-0 Y Y Y Y Y Y y y y y y $76,100,000 GO Bonds for various CONSENT City/School capital improvements K/1 7-ELEVEN, INC. CUP: Auto (fuel sales) DEFERRED TO 11-0 Y Y Y Y y y y y y y y with a convenience store at Diamond 3/7/00 BY Springs RoadANesleyan Drive (BAYSIDE CONSENT - DISTRICT 4) 2 CHECKERED FLAG VOLKSWAGEN ADOPTED/ 11-0 Y Y Y Y Y Y y y y y y CUP: Motor vehicle sales/repair CONDITIONED (expansion) at 3001 Virginia Beach BY CONSENT I~ Boulevard (ROSE HALL - DISTRICT 3) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS 0 H M B A C E S DATE: February 22, 2000 B R H C R P E PAGE: 2 R R E J L N A S W B A E I N O A D R S E A N U S L N N O K O E AGENDA U C R O E E A R E M K ITEM # SUBJECT MOTION VOTE M H E N Y S N F R $ S 3 HEBRON CORNERSTONE WORSHIP ADOPTED/ 11-0 y y y y y y y I y y y y CENTER CUP: Church at 4444 CONDITIONED Expressway Drive (ROSE HALL - BY CONSENT DISTRICT 3) 4 L.B.A.S., INC., CUP: Auto repair ~ara!:le ADOPTED/ 11-0 Y Y Y Y Y Y Y Y y y y at 1875 Virginia Beach Boulevard CONDITIONED (BEACH - DISTRICT 61 BY CONSENT 5 TELBELE BROS. CUP: Recreational APPROVED/ 6-4 N Y N Y N Y Y N A Y Y facility (Putt-Putt Golf Course) at Atlantic CONDITIONED B Avenue/18th Street (BEACH - DISTRICT S 6) T A I N E D 6 RECONSIDERATION/MODIFICATION DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y OF PROFFERS on 1997 application of INDEFINITELY LEE/DENISE BARNES COZ from R-10 to BY CONSENT Conditional B-2 at 1629 Salem Road (CENTERVILLE - DISTRICT 1) Deferred 2/1/2000 7 COZ: (BEACH - DISTRICT 6) DEFERRED TO 10-1 N Y Y Y Y Y Y Y Y Y Y Deferred 21812000 3/7/00 a. COLLETT PROPERTIES, INC.ICOLLETT CHESAPEAKE PARTNERS from B-.._~2 to Conditiona! B-__~2 b. From I-.~1 to Conditional B-2 8 HALABI ONE LLC COZ from I-1 to APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y Conditional B-2 at 234 North Witchduck WITH Road (KEMPSVILLE - DISTRICT 2) APPLICANT'S VOLUNTARY LANDSCAPING 9 PEMBROKE CROSSING APARTMENTS APPROVED/ 10-0 Y Y Y A Y Y Y Y Y Y Y COZ from B-.._~2 to Conditional A-18 at PROFFERED B Sullivan Boulevard/Pembroke Boulevard BY CONSENT S (BAYSIDE - DISTRICT 4) T A I N E D 10 CITY to AMEND Sec. 6.3 of Subdivision ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Ordinance DELETING requirement re final CONSENT plats L APPOINTMENTS: HUMAN RIGHTS COMMISSION 11-0 Y Y Y Y Y Y Y Y Y Y y Beatdz Amberman Reappointed - Ellis D. Hinnant-Will 3-Yr. Terms Betsy O. Karotkin 2/1/2000 - Sylvia Ner~ Stdckland-Pdmm 3/31/2003 THE PLANNING COUNCIL Reappointed - 11-0 Y Y Y Y Y Y Y Y Y Y Y 1-Yr. Term Kenneth F. Palmer 4/1/2000- 3/31/2001 M/N; ABSTRACT OF CIVIL CASES ACCEPTED/ B Y C O N S E N S U S 1 RESOLVED - JANUARY 2000 CLERK TO RECORD ADD Ordinance re Emergency Polling Place ADDED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y ON at ALL SAINTS EPISCOPAL CHURCH ADOPTED (Great Neck) ADD Resolution re 2-way street for Laskin Road ADDED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y ON in Gateway Phase II (Birdneck to ADOPTED Oceanfront) O ADJOURNMENT: 8:56 PM ~ MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 7, 2000 Mayor Meyera E. Oberndorf called to order the REVIEW OF AGENDA ITEMS in the Council Conference Room, City Hall Building, on Tuesday, March 7, 2000, at 1:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Absent: Vice Mayor William D. Sessoms, Jr. William W. Harrison, Jr. [SPRING BREAK - FAMILY VA CA TION] [BUSINESS - NOR THERN VIRGINIA] ,4 GEND,4 RE VIE W SESSION 1:00 P.M. ITEM # 46312 H2. Ordinances to ,4 UTHORIZE temporary encroachments: A portion of 532 Southside Road by CHRISTOPHER E WORRELL ESTATE re an existing pier/dock and bulkhead with rip-rap adjacent to the existing bulkhead at Lake Wesley. A portion of 536 Southside Road by WILLIAM S. ,4ND S`4LL Y W SHELHORSE re an existing pier/dock and bulkhead with rip-rap adjacent to the existing bulkhead at Lake Wesley. A portion of 540 Southside Road by MICH,4EL J. ST,4NDING JR. re an existing pier/dock and bulkhead with rip-rap adjacent to the existing bulkhead at Lake Wesley. Council Lady Eure inquired relative these temporary encroachments. These applicants have an encroachment which is unauthorized. Jim Lawson, Real Estate, advised the rip-rap is basically what the applicants are requesting. The pier/dock and bulkheads are the unauthorized encroachments. The City staff is encouraging the rip-rap in this area to stabilize the bank. The encroachment is temporary in nature and can be removed by the City on a thirty-day notice (pier/dock, bulkhead and rip-rap). CounciI Lady Eure was concerned relative the term "temporary", as it appeared this was a "word game ". Mr. Lawson advised the State Code only allows the City to permit temporary encroachments. The City cannot grant permanent encroachments. Council Lady McClanan said the example to the public was if you are going to do something, it is better not to obtain a permit. Mr. Lawson advised the aforementioned is an area the City acquired from the Erosion Commission several years ago when their assets were transferred to the City. The majority of these piers and docks existed prior to the City accepting the property. When the residents apply for new encroachments, the City includes all phases. Council Lady Eure requested a statement reflecting these applications be " grandfathered " as they are pre- existing. Mayor Oberndorf requested the City Attorney explain the meaning of an encroachment. The City Attorney advised an encroachment is "a temporary use of City property" and the usual one is within the City right-of-way that is not on paved roadway i.e. subdivision entrance signs posted in the City's right-of- way. The encroachment may last for many years; however, if the City needs to utilize this land, the City has the authority to require the applicant to remove the encroachment at their expense. The City Attorney understood Council Lady Eure 's comments relative the City clarifying these encroachments as pre-existing since the City does not wish to encourage encroachment without permission, but he did not believe the word "grandfathered" would be appropriate in this instance. ITEM # 46313 H2. Ordinance to ,4 UTHORIZE temporary encroachment: A portion of the right-of-way of Katie Brown Drive by GRAYSON WOODS, L.C. re parking spaces, landscaping, irrigation, electrical lines, conduits, control wires, and lighting; authorize the City Manager to execute aH necessary agreements; and, this ordinance shah be effective only upon the signature of the City Manager and the applicant. The City Attorney advised Council Lady McClanan, the City Council would be granting an encroachment on Katie Brown Drive. If the staff found, in their research, this is not appropriate, the City can request the encroachment be removed. Mr. Lawson advised the landowner to be on notice, as the City is reviewing this application thoroughly, and if there are any irregularities with respect to subdivisions, etc., in the past, this will be revealed and handled accordingly. March 7, 2000 -4- AGENDA RE VIE W SESSION ITEM # 46315 J. 1. Application of 7-ELEVEN, INC., t/k/a The Southland Corporation for a Conditional Use Permit_for automobile service (fuel sales) in con/unction with a convenience store at the Southeast corner of Diamond Springs Road and Wesleyan Drive, containing 1.1 acres (BA YSIDE - DISTRICT 4) Councilman Jones distributed an amendment to Condition 2: ........ ~-- No permanent structure shah be constructed within ten feet (109 of the existing right-of-way line of Diamond Springs Roa& Landscape planting and a monument- s~le sign may be installed within this area. ITEM # 46316 J2 Applications re Changes of Zoning District Classifications (BEACH- DISTRICT 6): COLLETT PROPERTIES, INC., and COLLETT CHESAPEAKE PARTNERS, L.L.C. from B-2 Community Business District to Conditional B-2 Community Business District at the Southeast intersection of Virginia Beach Boulevard and Parker Lane, containing 3.481 acres. COLLETT PROPERTIES, INC., from I- 1 Industrial District to Conditional B-2 Community Business District on the East side of Parker Lane, beginning 150feet more or less South of Virginia Beach Boulevard, containing 8.433 acres. This item will be discussed during the FORMAL SESSION. March 7, 2000 -5- CITY COUNCIL COMMENTS 1:12 P.M. DRAINAGE PROBLEMS ON RURAL RESIDENTIAL LOTS. ITEM # 46317 Councilman Baum referenced the application of SANDRA MARIE MA VrTER for a Conditional Use Permit for a commercial kennel on the North side of Old Carolina Lane, West of Blackwater Road (3464 OM Carolina Road), containing 5.282 acres (PRINCESS ANNE - DISTRICT 7) to be scheduled for the City Council Session of March 14, 2000. Councilman Baum distributed information relative Drainage Problems on Rural Residential Lots, which is hereby made apart of the record. Many of these oM lots have drainage problems. The City should not pay for drainage corrections that should have been provided by the seller of the rural lots. Strip highway lots should drain to major outfalls at the rear of the properties, and not to shallow highway ditches. This is acredale soil, with five feet of clay and it is flat land. Large highway ditches are dangerous and should not be constructed in the future. Councilman Baum has discussed this matter with Art Shaw - Engineering. The City cleans the highway ditches every 2 or 3 years. Ditches about 2 feet deep will not rapidly drain the swales on the lots after heavy rainfall. However, the City should not be responsible for capital improvements to improve drainage which the farmland owners should have provided. The City is not providing cleanout of major outfalls for large acreages, although funding has been allocated. To divert these funds for farmette drainage would be wrong in Councilman Baum's opinion. Since, some rural subdivisions are being developed, it is important they not be approved by staff unless satisfactory offsite drainage can be achieved. It is essential that future developments allow for floodwater disposal, even it if means providing offsite canals through other properties, including legal easements for future maintenance. The Agricultural Advisory Commission has been discussing the major outfalls which drain many parcels. An existing development at Princess Anne and Vaughan Roads drains into a highway ditch, but the increased runoff is flooding low lying farmland on the east side of Princess Anne Road. Even though the highway ditch is small, the development drains well since it is about 5feet higher than the farmland. Offside drainage should have been provided through an offsite ditch draining westward to West Neck Creek. Since the City accepted the plan, the City is now responsible for providing offsite drainage, including a recorded drainage easement. Councilman Baum requested a Briefing be SCHEDULED for a City Council Session relative these drainage problems. Because of distance, city services cost more the further they are from City Hall and Public Works facilities. Council Lady Henley advised part of the problem relative providing drainage for the large outfalls is there are no drainage easements available in this portion of the City. To be accommodating in the past, if offsite easements were not available, the City has allowed them to be drained to the road, which does cause problems and will get worse. Councilman Baum advised someone on City staff is co-ordinating with the U.S. Army Corps of Engineers and he is not optimistic relative assistance from the Corps concerning rural drainage, as he believes the Corps would prefer these soils to grow back up. Councilman Baum advised the drainage can be provided internally by the proposed application for the commercial kennel. There is abundant swampland on the edge of Blackwater Creek. There is no point for them to drain into the highway ditch. ITEM # 46318 Council Lady Henley expressed a concern relative the small metal bleachers that have been constructed near the BMP along Princess Anne Road at Landstown. She was concerned relative safety and also how much landscaping would be installed along the Princess Anne Corridor. The City Manager advised Mrs. Henley he would ascertain the reason for the bleachers being so close to the roadway and, if they are in a permanent position, how much landscaping will be installed. March 7, 2000 -6- ITEM # 46319 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Budding, on Tuesday, March 7, 2000, at 1.'30 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Absent: William D. Harrison, Jr. and Vice Mayor William D. Sessoms, Jr. March 7, 2000 -7- ITEM # 46320 Mayor Meyera E. Oberndorf, entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real propertyforpublic purpose, or of the disposition of publicly-held real property, for discussion in an open meeting which would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.1-344(A)(3). To-Wit: Agricultural Reserve Program - Princess Anne District LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, where such consultation or briefing in open meetings would adversely affect the negotiating or litigating position of the public body and consultation with legal counsel employed or retained by a public body regarding specific matters requiring the provision of legal advice by such counsel pursuant to Section 2.1-344(A)(7). Unlawful Property Subdivision - Lynnhaven District Adams Outdoor Advertising v. Board of Zoning Appeals Upon motion by Council Lady Parker, seconded by Councilman Branch, City Council voted to proceed into CLOSED SESSION. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, IIL Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. and Vice Mayor William D. Sessoms, Jr. March 7, 2000 -8- FORMAL SESSION VIRGINIA BEA CH CITY COUNCIL March 7, 2000 2:00 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, March 7, 2000, at 2:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Absent: Vice Mayor William D. Sessoms, Jr. William W. Harrison, dr. [SPRING BREAK- FAMILY VACATION] £B USINESS - NOR THERN VIR GINI,t] INVOCATION: Reverend Mark J. Olson, D.D. Thalia Lynn Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA March 7, 2000 Item IV-E. -9- CER TIFICA TION OF CLOSED SESSION ITEM # 46321 Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in 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: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. and Vice Mayor William D. Sessoms, Jr. March 7, 2000 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 ii 46320, Page 7, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. Jkfith Hodges XSmith, MMC City Clerk March 7, 2000 -10- Item IV-F. MINUTES ITEM # 46322 Upon motion by Council Lady Parker, seconded by Councilman Baum, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of February 22, 2000. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. 34. "Don" Weeks Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. and Vice Mayor William D. Sessoms, Jr. March 7, 2000 - 12- Item IV-H/I ORDINANCES/RESOL UTIONS ITEM # 46324 Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council APPROVED IN ONE MOTION, Ordinances 1, 2, and 3 and Resolutions 1 and 2 of the CONSENT AGENDA. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. and Vice Mayor William D. Sessoms, Jr. March 7, 2000 Item IV-H. 1. - 13- ORDINANCES ITEM # 46325 Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $684,000 Congestion Mitigation and Air Quality Grant from the Virginia Department of Transportation (VDOT) to Public Works for Traffic Safety Improvements -Phase II (CIP #2-285) re relief of congestion at arterial intersections; and, AUTHORIZE the City Manager to execute all necessary documents to begin construction. AND, Project Programming Resolutions: Turn Lane: Holland Road Princess Anne Road Rosemont Road General Booth Boulevard Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. and Vice Mayor William D. Sessoms, Jr. March 7, 2000 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO ACCEPT AND APPROPRIATE A CONGESTION MITIGATION AND AIR QUALITY GRANT IN THE AMOUNT OF $684,000 ADMINISTERED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO CAPITAL PROJECT #2-285, TRAFFIC SAFETY IMPROVEMENTS - PHASE II, FOR THE PURPOSE OF RELIEVING CONGESTION AT ARTERIAL INTERSECTIONS 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 WHEREAS, a Congestion Mitigation and Air Quality("CMAQ") grant totaling $684,000, approved by the Hampton Roads Planning District Commission and included in the Virginia Department of Transportation Six Year Improvement Plan for improvements at four intersections within the City, is available to be accepted and appropriated to Capital Project #2-285, Traffic Safety Improvements - Phase II; WHEREAS, it is anticipated that $167,580 in matching VDOT urban funding for improvements at these four intersections will be available in 2001; WHEREAS, due to the importance of these projects, the Department of Public Works recommends that work on them begin immediately, with initial funding to come from Capital Project #2- 285, Traffic Safety Improvements - Phase II, and reimbursement to come from $167,580 in anticipated matching VDOT urban allocation funding beginning in FY 2000-2001; and WHEREAS, the City's required match of $3,420 for the CMAQ grant funding will be provided from existing allocations in Capital Project #2-285, Traffic Safety Improvements - Phase II. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a $684,000 Congestion Mitigation and Air Quality grant is hereby accepted from the Virginia Department of Transportation and appropriated to Capital Project #2-285, Traffic 35 36 37 38 39 40 41 42 43 44 45 46 Safety Improvements - Phase II, for the purpose of relieving congestion at arterial intersections. 2. That estimated revenue from the federal government is hereby increased in the amount of $ 684,000. 3. That the City Manager is authorized to enter into all agreements with VDOT as necessary to complete the intersection improvement projects. 4. That the Department of Public Works is authorized to begin work on the intersection improvement projects and utilize funds appropriated to Capital Project #2-285, Traffic Safety Improvements - Phase II,in anticipation of $167,580 in matching VDOT urban funding being provided to this project in FY 2000-2001. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 day of March , 2000. 49 50 51 52 CA-7513 DATA~ATY~ORDIN~NONCODE~ARTERIALINTERSECTIONS2.ORD JANUARY 18, 2000 R4 53 54 Requires an affirmative vote by a majority of the members of City Council. 55 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL 56 SUFFICIENCY: Management ~ City Attorney's Office w PROJECT DESCRIPTION~ The capacities and corresponding levels of service of the following intersections were sufficiently degraded to successfully qualify them as CMAQ projects. Below is a brief description of each project. More detailed background information and comments on each of the projects are provided in the attachment titled Pro_iect Justification and Comments. Lynnhaven Parkway and Holland Road Addition of a left turn lane on north bound Holland Road at Lynnhaven Parkway. Princess Anne Road and Witchduck Road I Kempsville Road Addition of a right turn lane on east bound Princess Anne Road at the S.Witchduck Road / Kempsville Road intersection. Rosemont Road and Vir_~inia Beach Boulevard Addition of a right turn lane on north bound Rosemont Road at the Virginia Beach Boulevard intersection. General Booth Boulevard and Dam Neck Road Addition of a left turn lane on north bound General Booth Boulevard at the Dam Neck Road intersection. Budget Impacts Based on funding provided by the VDOT CMAQ program, budgets for each of the projects and the associated matching VDOT Urban funding and City funding requirements follow: Total Budget Federal Matching Matching Funds VDOT City (CMAQ) Urban Funding Funding Princess Anne Rd. ANitchduck Rd./Kempsville Rd. $225,000 $180,000 $44,100 $900 General Booth Blvd./Dam Neck Rd. $315,000 $252,000 $61,740 $1,260 Rosemont Rd./Va. Beach Blvd. $225,000 $180,000 $44,100 $900 Lynnhaven Pkwy./Holland Rd. $90,000 $72.000 $171640 $360 Total $855,000 $684,000 $167,580 $3,420 Although the federal (CMAQ) funds are available now, the VDOT Urban funding ($167,580) was not allocated for FY 1999-2000. In order to advance the projects, the City's Traffic Safety Improvements program, CIP 2-285, will replace the amount that was to be provided by the VDOT Urban funding ($167,580). However, it is anticipated that VDOT will program the Urban funding during the upcoming fiscal year which will allow reimbursement of CIP 2-285. The matching City funding of $3,420 will be provided by the City's Traffic Safety Improvements Program (CIP 2-285). PROJECT JUSTIFICATION AND COMMENTS The Hampton Roads Planning District Commission analyzed eleven signalized intersections in the City of Virginia Beach with the Cost Benefit Model for Intersection Level of Service Improvements. The model analyzes signalized intersections for minor improvements, such as the addition of turn lanes. The results of the HRPDC analyses were included in a report prepared by the PDC on June 1997. The following is the HRPDC outline of the work required at the subject intersections. L_vnnhaven Parkway & Holland Road In July 1998 we observed 170 vph during the peak hour making the northbound left turn. All vehicles that were queued cleared. Based on future volumes (330 vph) it is recommended that 250' of storage be constructed with 150' of taper. The westbound direction of Lynnhaven Parkway most likely will need to be modified and widened as the VDOT standard for acceptance lanes is 15' per lane. Since vehicles must turn more than 90°, the acceptance lane widening is recommended. Miscellaneous note: There were no above ground utilities or streetlights observed in the median. The signal head for this turn lane will need to be a pedestal pole type. Due to the width of the intersection, a near side head may be necessary. Princess Anne Road & Witchduck Road & Kem_osville Road In July 1998, we observed this intersection during the PM peak hour. Approximately 41% of the traffic in the eastbound rightJthru shared lane was right turning traffic. At the peak time, vehicles queued to Lord Dunmore Drive. Clearing of the intersection took 2-3 cycles and motorists started to use Lord Dunmore as a cut-through. Presently, there is approximately 250' of available length for a right turn lane along the corner parcel, which at this time is vacant. However, Walgreens is planning to develope this site and has agreed to cost participate with the City to design and construct the right turn lane as part of the Walgreens project. This includes extension of the right turn lane along the Princess Anne Road frontage of the adjacent Emmanuel Episcopal Church. The Church is planning expansion for a private school and has agreed to dedicate property for the needed right turn lane. The right turn lane will provide 600' of storage with a 50' transition. Rosemont Road & Virainia Beach Boulevard There is approximately 220' between the R.R. crossing and the stop bar at Virginia Beach Boulevard. When observed in July 1998, approximately 10-11 vehicles could stack in this length between the R.R. crossing and stop bar. As vehicles queued for the northbound lanes, motorists were observed using the southeast corner property as a cut-through to Virginia Beach Boulevard. Based on the current volume of right turning traffic, a storage length of 545' is recommended; however, this is not possible. A review of the record plans indicates that right-of-way taking will be necessary on the southeast quadrant. This property is currently being developed as an Eckerd store. The developer has been approached for a dedication for a right turn lane. However, as a result of the improvements they have already made, in addition to the delay involved with a site plan revision, they declined our request. As an alternative to a second right lane, a channelized right turn only lane could be designed. It would essentially operate as a free flow right, when traffic gaps on Virginia Beach Boulevard allow. The right turn only lane would then be converted to a thru only lane. Since the volume of through traffic is minimal, the chance of the through queue blocking the right turn lane is slim. Again however, this would also involve right-of-way taking on the southeast quadrant property. Miscellaneous note: Utility relocations will be necessary. Modifications to the intersection may require relocation of the signal pole and arm, however, if the free flow right lane is constructed, this may not be necessary. General Booth Boulevard & Dam Neck Road Based on a 1998 traffic count of 170 vph, and a future volume of 200 vph, it is uncertain if two northbound lefts are warranted now solely because of volume. However, based on the Hampton Roads PDC model, there is a significant benefit to providing dual lefts to help reduce the existing green time for northbound left. turns. It is recommended that a left turn lane be installed that will match the existing turn lane. The existing left turn lane geometrics consist of 300' storage and 150' taper. Based on observations of the westbound right turn lane in July 1998, it was determined that a dual right lane is not warranted. Traffic queued very little, and often is under a free flow condition. Miscellaneous note: It is recommended that Opticom be added to the Dam Neck Road intersection with General Booth Boulevard. The dual left will require an additional signal head (3 section) mounted on the span wire, if it is capable of carrying the load. LOCATION MAP SCALE: 1" -- 1,600' I I I I I I I I ! ! I ; , I I I I UPDATED I I I I I ~ \ I I I " I .,. KITT-99-1-631 r/ LOCATION ~^P FOR PRINCESS ANNE ROAD & I I fill PRINCESS ANNE ROAD INTERSECTION OF S. WITCHDUCK I I I' ROAD & KE/glPSVILLhO~--m~J oo, NECK RD LOCATION MAP SCALE: 1" = 1,600' / DAM NECK RD. / / I ! REV]~ 4 / / \ i/ / ! 1 I / I I / / / DAM NECK RD. / / i I i I i I i I -~,~..,,6 kt i r-qq-1 -~q') / // // / ! LOCATION MAP FOR INTERSECTION OF GENERAL BOOTH BOULEVARD'/ & // DAM NECK ROAD SCALE: 1" = i00' ,,..,.../ LOCATION SCALE VIRGINIA BF..AcH BLVD' I RICHT TURN LANE HERE BONNEY RD. ~ LOCATION MAP FOR l--,[ ~_["F_' INIERSECIION OF I lll L-yIRG, IN~IA BEACH BOULEVARD.~ II1 I I ~J, R..~OSEMONT ROAD \ \ O O LOCATION MAP SCALE: 1" = % % ! % bi \ \ \ NE HEI \ \ I I iI I I I I LOCATION MAP FOR /~INTERSECTION OF. LYNNHAVEN PARKWAY HOLLAND ROAD SCALE: 1" -- 100' KIll 99-1-634 PROJECT PROGRAMMING RESOLUTION: TURN LANE ON HOLLAND ROAD WHEREAS, in accordance with the Virginia Department of Transportation construction allocation procedures, it is necessary that a request by Council resolution be made in order that thc Department program an urban highway project in the City of Virginia Beach ("City"). NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council of Virginia Beach, Virginia ("City Council"), hereby requests the Virginia Department of Transportation to establish a project for adding a northbound left turn lane on Holland Road at its intersection with Lynnhaven Parkway. 2. That the City Council hereby agrees to pay its share of the total cost £or preliminary engineering, right-of-way acquisition and construction of this project in accordance with Section 33.1-44 of the Code of Virginia, and that if the City Council subsequently elects to cancel the project, the City Council hereby agrees to reimburse the Virginia Department &Transportation £or the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. 3. That the City Council hereby authorizes the City Manager, on behalf of the City, to enter into such agreements with the Virginia Department of Transportation as necessary to complete this project. Adopted by the City Council of the City o£ Virginia Beach, Virginia on this 7 day of March ,2000. CA7535 ORDIN~NONCODEXHolland Rd. Turn Ln. Res JANUARY 10, 2000 R3 APPROVED AS TO CONTENT: ment of Public W~/k~ ' APPROVED AS TO LEGAL SUFFICIENCY: ~/~'~y Atto~ey's ~t/ffice '~ PROJECT PROGRAMMING RESOLUTION: TURN LANE ON PRINCESS ANNE ROAD WHEREAS, in accordance with the Virginia Department of Transportation construction allocation procedures, it is necessary that a request by Council resolution be made in order that the Department program an urban highway project in the City of Virginia Beach ("City"). NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council of Virginia Beach, Virginia ("City Council"), hereby requests the Virginia Department of Transportation to establish a project for adding an eastbound right turn lane on Princess Anne Road at its intersection with Kempsville Road/Witchduck Road. 2. That the City Council hereby agrees to pay its share of the total cost for preliminary engineering, right-of-way acquisition and construction of this project in accordance with Section 33.1-44 of the Code of Virginia, and that if the City Council subsequently elects to cancel the project, the City Council hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. 3. That the City Council hereby authorizes the City Manager, on behalf of the City, to enter into such agreements with the Virginia Department of Transportation as necessary to complete this project. Adopted by the City Council of the City of Virginia Beach, Virginia on this day of March ,2000. CA7536 ORDIN~NONCODE\Princess Anne Turn Ln. Res JANUARY 10, 2000 R3 APPROVED AS TO CONTENT: artment of Public X~ks APPROVED AS TO LEGAL SUFFICIENCY: :~- ttomey s ~ffice ' PROJECT PROGRAMMING RESOLUTION TURN LANE ON ROSEMONT ROAD: WHEREAS, in accordance with Virginia Department of Transportation construction allocation prgcedures, it is necessary that a request by Council resolution be made in order that the Department program an urban highway project in the City of Virginia Beach ("City"). NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council of Virginia Beach, Virginia ("City Council"), hereby requests the Virginia Department of Transportation to establish a project for adding a northbound right turn lane on Rosemont Road at its intersection with Virginia Beach Boulevard. 2. That the City Council hereby agrees to pay its share of' the total cost for preliminary engineering, right-of-way acquisition and construction of this project in accordance with Section 33.1-44 of the Code of Virginia, and that, if the County Council subsequently elects to cancel the project, the City Council hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. 3. That the City Council hereby authorizes the City Manager, on behalf of the City, to enter into such agreements with the Virginia Department of Transportation as necessary to complete this project. Adopted by the City Council of the City of Virginia Beach, Virginia on this day of tqarch ,2000. CA7537 ORDINANONCODELRosemont Rd. Turn Ln. Res JANUARY 10, 2000 R3 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Attorney s (~ PROJECT PROGRAMMING RESOLUTION: TURN LANE ON GENERAL BOOTH BOULEVARD WHEREAS, in accordance with the Virginia Department of Transportation construction allocation procedures, it is necessary that a request by Council resolution be made in order that the Department program an urban highway project in the City of Virginia Beach ("City"). NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council of Virginia Beach, Virginia ("City Council"), hereby requests the Virginia Department of Transportation to establish a project for adding a northbound left turn lane on General Booth Boulevard at its intersection with Dam Neck Road. 2. That the City Council hereby agrees to pay its share of the total cost for preliminary engineering, right-of-way acquisition and construction of this project in accordance with Section 33.1-44 of the Code of Virginia, and that, if the City Council subsequently elects to cancel this project, the City Council hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Deparlxnent through the date the Department is notified of such cancellation. 3. That the City Council hereby authorizes the City Manager, on behalf of the City, to enter into such agreements with the Virginia Department of Transportation as necessary to complete this project. 7 Adopt. ed ,by the City Council of the City of Virginia Beach, Virginia on this day of tnarcn ,2000. CA7538 ORDIN~NONCODE\General Booth Blvd. Turn Ln. Res JANUARY 10, 2000 R3 APPROVED AS TO CONTENT: artment of Pul~lforks APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Of~ce a8i a8~ a8i Item IV-H.2. a. ORDINANCES Upon motion by Councilman Jones, - 14- ITEM # 46326 seconded by Council Lady Parker, City Council ADOPTED: Ordinance to AUTHORIZE temporary encroachment: A portion of 532 Southside Road by CHRISTOPHER E WORRELL ESTATE re an existing pier/dock and bulkhead with rip-rap adjacent to the existing bulkhead at Lake Wesley The following conditions shall be required: The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 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. 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. 4. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. The applicant must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the encroachment area. Prior to issuance of a right-of-way permit, the applicant must post sureties in accordance with the project engineer's cost estimate, to the Office of Development Services Center/Planning Department. 7. The applicant shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500, 000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days'written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. The applicant must submit for review and approval, a survey.for the encroachment area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built "plans of the Temporary Encroachment sealed by a registeredprofessional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. March 7, 2000 Item IV-H.2.tr ORDINANCES -15- ITEM # 46326 (Continued) The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars (MOO. 00) per day for each and every day that such temporary encroachments are allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. and Vice Mayor William D. Sessoms, Jr. March 7, 2000 11 12 13 3.4 3.8 19 2O 21 22 23 24 25 26 27 28 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CERTAIN CITY PROPERTIES BY THE CHRISTOPHER E. WORRELL ESTATE, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, the CHRISTOPHER E. WORRELL ESTATE, desires to maintain an existing pier/dock and an existing bulkhead and to install rip-rap adjacent to the existing bulkhead into a portion of existing City properties known as Parcel 4 (GPIN 2427-20-7891) and Lake Wesley (GPIN 2427-20-6108). WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachment upon the City's properties subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended the CHRISTOPHER E. WORRELL ESTATE its heirs, assigns and successors in title is authorized to maintain an existing pier/dock and an existing bulkhead and to install rip-rap adjacent to the existing bulkhead into a portion of the existing City properties known as Parcel 4 (GPIN 2427-20-7891) and Lake Wesley (GPIN 2427-20-6108) as shown on the map entitled: "PROPOSED: iRIPRAP · IN: LAKE WESLEY · AT: 532, 536, 540 SOUTHSIDE RD. · VIRGINIA BEACH, VA 23451 · APPLICATION BY: WILLIAM S. SHELHORSE, ET AL · SHEET 1 OF 4 · DATE: MAY 30, 1999." a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the City of PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58. i-81 l(a)(3) AND 58.1-81 l(cX4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this/day of t-?--~/~ ,2000, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and the CHRISTOPHER E. WORRELL ESTATE, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WI T. NE $.S. ET H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "the Northern 1/2 of Parcel B-2, Rudee Heights" and being further designated and described as 532 Southside Road, Virginia Beach, Virginia 23451-7126; and That, WHEREAS, it is proposed by the Grantee to maintain an existing pier/dock and an existing bulkhead and to install rip-rap adjacent to the existing bulkhead, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portions of existing City properties known as Parcel 4 (GPIN 2427-20-7891) and Lake Wesley (GPIN 2427-20-6108), "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 2427-20-7891 and GPIN 2427-20-6108 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: "PROPOSED: RIPRAP · IN: LAKE WESLEY · AT: 532, 536, 540 SOUTHSIDE RD. VIRGINIA BEACH, VA 23451 · APPLICATION BY: WILLIAM S. SHELHORSE, ET AL · SHEET ! OF 4 - DATE: MAY 30, 1999." Said plat contains four (4) sheets, copies of which are attached hereto collectively as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. 2 It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer 3 or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineehng Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One 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, the said CHRISTOPHER E. WORRELL ESTATE has caused this Agreement to be executed in its name and on its behalf by CAROL WORRELL, with due authority as a Trustee. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk CHRISTOPHER E. WORRELL ESTATE By: ~/2"'f~~/~"C/~~ (SEAL) j~ wORRELL, VFrustee STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ,2000, by DESIGNEE OF THE CITY MANAGER. day of , CITY MANAGE1;UAUTHORIZED My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: BEACH. The foregoing instrument was acknowledged before me this day of ,2000, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA My Commission Expires: Notary Public STATE OF ~ ~-., CITY/COUNTY OF The foregoing instrument was acknowledged before me this xC[. . day of ,2000, by CAROL WORRELL as Trustee of the CHRISTOPHER E. WORRELL ESTATE. My Commission Expires: \'~ -X.\.-~ \ Nota~Public APPROVED AS TO LEGAL SUFFICIENCY CITY ATT~RNE-~w'''~ APPROVED AS TO CONTENT ~tlTY REAL E~TATE AGENT 6 LOCATION MAP SCALE : 1" -- 1,600' 0 0 0 0 i/ PREPARED BY P/W ENG. DRAFT. 16-FEB-2000 - 16- Item IV-H.2.b. ORDINANCES ITEM # 4632 7 Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council ADOPTED: Ordinances to AUTHORIZE temporary encroachment: A portion of 536 Southside Road by WILLIAM S. AND SALLY W SHELHORSE re an existing pier/dock and bulkhead with rip-rap adjacent to the existing bulkhead at Lake Wesley. The following conditions shah be required: The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. The applicant shah indemnify and hoM harmless the City, its agents and employees from and against aH claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. o Nothing herein contained shah 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. 4. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. The applicant must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the encroachment area. 6. Prior to issuance of a right-of-way permit, the applicant must post sureties in accordance with the project engineer's cost estimate, to the Office of Development Services Center/Planning Department. 7. The applicant shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry cotnprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days'written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. The Applicant must submit for review and approval, a survey for the encroachment area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built"plans of the Temporary Encroachment sealed by a registeredprofessional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. March 7, 2000 Item IV-H.2.b. ORDINANCES -17- ITEM # 46327 (Continued) The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachments are allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 9-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. and Vice Mayor William D. Sessoms, Jr. March 7, 2000 2 3 4 5 6 7 8 9 1© 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CERTAIN CITY PROPERTIES BY WILLIAM S. SHELHORSE AND SALLY W. SHELHORSE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, WILLIAM S. SHELHORSE and SALLY W. SHELHORSE, husband and wife, desire to maintain an existing pier/dock and an existing bulkhead and to install rip-rap adjacent to the existing bulkhead into a portion of existing City properties known as Parcel 4 (GPIN 2427-20-7891) and Lake Wesley (GPIN 2427-20-6108). WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachment upon the City's properties subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended WILLIAM S. SHELHORSE and SALLY W. SHELHORSE, husband and wife, their heirs, assigns and successors in title are authorized to maintain an existing pier/dock and an existing bulkhead and to install rip-rap adjacent to the existing bulkhead into a portion of the existing City properties known as Parcel 4 (GPIN 2427-20-7891) and Lake Wesley (GPIN 2427-20-6108) as shown on the map entitled: "PROPOSED: RIPRAP · IN: LAKE WESLEY · AT: 532, 536, 540 SOUTHSIDE RD. · VIRGINIA BEACH, VA 23451 · APPLICATION BY: WILLIAM S. SHELHORSE, ET AL · SHEET 1 OF 4 · DATE: MAY 30, 1999." a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description', and 28 29 3O 32 33 34 35 36 37 BE IT FURTHER ORDAINED, that the temporary encroachmem is expressly subject to those terms, conditions and criteria comained in the Agreement between the City of Virginia Beach and WILLIAM S. SHELHORSE and SALLY W. SHELHORSE, husband and wife, (the "Agreement") which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as WILLIAM S. SHELHORSE and SALLY W. SHELHORSE, husband and wife, and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City &Virginia Beach, Virginia, on the 7th day of March ,2000. 39 4O CA- ~& t6 PREPARED: 02/08/2000 APP~,QVED AS TO CONTENTS DEPARTMENT APPROVED AS TO LEGAL sumc N% CITY ATTORNEY 2 LOT B-3 N/I~ I"III~00 L. DAR, YANANI 242G- 15-677D ' .5 72'0000' I~ 532 LOT D-2 N 72'00'00'W IGg. G' # 53G LOT D-2A N ~;5' LOT B- I A .¢ 51TI~ A N/F JOg: g. LUNGWITZ 24P. G- 1 5-7413 540 \e. I.AT: N 3G°49'30'' LO~.' W 75°56'31" (~) 15S)D WATERJ=P,.ONT CONSULTING, INC. ALL R. IGHT5 RESER. VED. PURJ:'OSE: MAINTENANCE DATUM: NVGD MSL 0.00' ADJACFNT PP.,OPEP, TY OWNER..5 I. JOE E. LUNGWITZ. 2. HIR. O0 L. DAR.YANANI 3. CITY OF VIRGINIA BEACH W'ATE F ONT CONSULTING, INC / TIP INTO EXIDT. P.J F R,~' OF M.L. DAP.,YANANI 4G98 HANOVER. COURT VIRGINIA BEACH, VA 234G4 PHONE/FAX: (757) 495-85GG MOBILE: 1757) 717-25G0 EXISTING PIERS/ FLOATING DOCKE (HATCHED) VIRGINIA B~CI'I I'RO,510N CC 2427-20-7851 IKI?RAP 5EC'rlON A-A (NOTE: MAXIMUM WtDTI1 OF 5A.51F 01'" MLW 0.0' ~. MI'IW +3.~ AT FACE OF DULtrJIEAD TIE INTO RJI='RAP O~ JOg g. LUNGWITZ SCALE I' = 50' PP-,OPOSED: R. IPRAP IN: LAI(,E WESLEY AT: 532,53~;,540 50UTI'151DE P.D. VIRGINIA BEACH, VA 23451 APPLICATION DY: WILLIAM 5. 5HELHOR..SE, ET AL 51,1EET I OF 4 DATE; MAY ~0, I~ 51TE DATA: LEGAL DESCP-,IPTION: LOT.5 B-IA, B-2A ¢ B2, BLOCK, Id, P-,UDEE IdF_IGI-IT5 51TE SURVEY BY: GALLUP SURVEYOR.5 ¢ ENGINEI=RS, LTD. DATE: FEB. ?, 1990 REF: M.D. 201 PG. 42 ¢ M.D. GI PG 22 ON FILE AT THE CLEP-,Iq5 OFFICE, VIRGINIA BEACH, VA GPINS: 2426-I ~)-7563,6605 ¢ 6732 ZONING: IR.- I 0 C.B.?.A. NOTE: PROJECT 1.5 WATER DEPENDENT AND EXEMPT. SEQUENCE OF: EVENT5: I . 5ECUP,,E ALL REQUIRED FEDERAL, STATE AND LOCAL PERMIT,5 AND OR VARIANCES. 2. DESIGNATF' CONSTRUCTION LIMIT AND MATERIAL..5 ACCE55WAY WITH SAFETY FENCE, (IF APPLICABLE), A5 DENOTED ON PLAN VIEW. BARGE DELIVERY Of:' MATERIAL NEGATE5 THE NEED FOR DESIGNATED MATERIAL5 ACCE55WAY WITH SAFETY FENCE. 3. CONSTR.UCT PROJECT VIA MANUAL/MECHANICAL MEAN.5. 4. ALL IMPACTED/DISTURBED/DENUDED/FILLED AREA5.5HALL BE IMMEDIATELY STABILIZED BY GRADING, MULCHING AND SEEDING. ALL 5UGH AREA.5 5HALL BE RETAINED LANDWARD OF THE 5TR.UCTURE BY AN E.5.C. BARRIER WHICH 5HALL BE MAINTAINED UNTIL THE AFFECTED AREA 15 PERMANETLY STABILIZED. 5. DISPOSE OF ALL CONSTRUCTION DEBP-.15 IN A LAWFUL MANNER. CONSTP-,UCTION NOTES: TUP.,F GP., 55 TYPE: TIME TO 5FED K`ENTUCK`Y 31 5EFT. I 6 - APRIL 30 NARROW LEAF FESCUE5 5El::'"r. I C::, - APRIL 30 BERMUDA MAY I - ,5EFT. 15 PLANTING CHART: RATE 8LB5/I ,000 5F GLBS/I ,000 5F 2LBS/I ,000 51= OR A5 PER. MANUFACTURER'5 SPECIFICATIONS. THESE PLAN5 ARE FOR PERMIT PURPOSE5 ONLY. IT 5HALL BE THE OWNER/CONTRACTOR'5 RJ~SPON,51BILTY TO LOCATE AND MARK` ANY UNDERGROUND UTILITIES AND OR ,SPRINK, LER SYSTEMS. THE NUMBER FOR "MI55 UTILITY" 1.5 1-600-552-7001 . (~) 199~ WATI~IR.I=IR, ONT CONSULTING, INC. ALL RIGHT5 RESEIKVED. PURPOSE: MAINTENANCE DATUM: NVGD MSL 0.00' ADJACENT PROPERTY OWNER.5 I. JOE E. LUNGWITZ 2. HIRO0 L. DARYANANI 3. CITY OF VIRGINIA BEACH WATERFRONT CON.SULTING, INC 4698 HANOVER, COURT VIRGINIA BEACH, VA 2346,4 PHONE/FAX: (757) 495-6566 MOBILE: (757) 717-2560 iED: R. IPRAP IN: LAKE WESLEY AT: 532,536,540 50UTHSIDE RD. VIRGINIA BEACH, VA 2345 I APPLICATION BY.' WILLIAM 5. 5HELHOR.SE, ET AL 5MEET 2 OF 4 DATE: MAY 30, 1999 CR055 SECTION ^- ^ PROPOSED RIPRAP ~CALE 3/~' = 1.0' I~' TEMI~. F..~.C. ~)ARRJER. 7.0'± NO CUANG~ TO GRADF ~ 1 2' MAXIMUM MHW' +3.(7 ~, FILTERCLOTH UNOI~R RIPRAP AND AGAINST BULKliff. AD PROPOSED CI.A55 ONE __ ; QUAI~,Y 5TONE RJF'RAF' ,~~ ]~ ~I~MUDUNE VAI~IES: MATI=PJAL.5 .SPECIFICATION.5: QUARRY 5TONE TO MEET VDOT CLAS.5 ONE .STANDARD I:ILTERCLOTH TO UV PROTECTED RJF'P, AI:' DE.51GN 1.5 DA.SED ON STANDARD DESIGN i:'RACTICE.5. ATYPICAL 51TE CONDITION5 NOT VI.51BLY APF'AI~NT HAVE NOT DEEN TAKEN INTO ACCOUNT. (~) 199~ WATERI=RONT CONSULTING. INC. ALL P, IGI'IT5 I:'UP4='O.SF: MAINTFNANCF WATERFRONT ~oro~o: DATUM: NVGD M.SL O.OO' IN.' LAKE ADJACENTPR. OF'ER.TYOWNER.,5 CONSULTING, INC ^'r: 53~,~,5.~o .50UTH.SIDE I~J~. I. JOE E. LLINGWITZ 4G9~ HANOVER COUET A??LICATION 2. I-IIEO0 L. DARYANANI VIRGINIA DI=ACH, VA P34G4 WILLIAM .5..51-1ELI-1OI~SE, ET AL 3. CITY OI= VIEGINIA DEACI1 I='ItONE/I~AX~ (757) 495-~5G~ SHEET 30I~ 4 MODILE: (757) 717-25~0 DATE~ MAY 30, I SHADOW COPYRIGHT ADC THE MAP PEOPLE PERMITTED USE NO. 20996C:,09 (~ 199~ WATEP~IR.ONT CONSULTING, INC. ALL RIGHT5 RESER.VED. PUP-.PO.~E: MAINTENANCE DATUM: NVGD MSL 0.00' ADJACENT PROPEP-.TY OWNEP-,._~ I, JOE E, LUNGWITZ 2. HIP-,O0 L, DAP-,YANANI 3. CITY OF VIP-,GINIA BEACH WATEP-.,,Fi~O NT CONSULTING, INC 4698 HANOVER COURT VIRGINIA BEACH, VA 23464 PHONE/FAX: (757) 495-~,56G MOBILE: (757) 717-2560 VICINITY MAP 5CALE I" = 1,500' PP-.OPOSED: RJPRAP IN: LAF-,.E WEDLEY AT: 532,53G,540 50UTHSIDE RD VIRGINIA BEACH, VA 2345 I APPLICATION DY: WILLIAM .5.5HELHOP-.SE, ET AL SHEET 4 OF 4 DATE: MAY 30, 1999 SHADOW THEODORE COPYRIGHT ADC THE MAP PEOPLE PEIRMI"I'i'ED U,~E NO. (~) 155~ WATERFRONT C.,ONSULTING, INC. ALL IKIGI'iT~ PUR.I='OSE: MAINTENANCE DATUM: NVGD MSL 0.00' ADJACENT PROPERTY OWNEI~ I. JOE E. LUNGWIT'Z 2. HIRO0 L. DARYANANI 3. CITY OF VIRGINIA DEACH WATER, Ft ONT CON,. ULTING, INC 4G9~ HANOVER. COURT VIRGINIA DE. ACH, VA 234(;4 PHONE/FAX: (757) 495-~5GG MOBILE: (757) 717-25(;0 VICINITY MAP ~CAIE I" I 1.500~ PROPO,~ED: RI?RAP IN.' LAKE W'P~L.EY AT.' 532.53G,540 ..~OUTH~IDE RI VIRGINIA DEACH, VA 2345 I AFPUCATION BY: WILLIAM ,~. ,.~HEI.I'IOIR.~E, ET AL SHEET' 4 OF 4 DATE: MAY 30, I cj~ . PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-81 l(a)(3) AND 58.1-81 l(cX4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this 7"//~ day of /~"~_7.~ ., 2000, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and WILLIAM S. SHELHORSE and SALLY W. SHELHORSE, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Parcel B-2A, Rudee Heights" and being further designated and described as 536 Southside Road, Virginia Beach, Virginia 23451-7126; and That, WHEREAS, it is proposed by the Grantee to maintain an existing pier/dock and an existing bulkhead and to install rip-rap adjacent to the existing bulkhead, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portions of existing City properties known as Parcel 4 (GPIN 2427-20-7891 ) and Lake Wesley (GPIN 2427-20-6108), "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 2427-20-7891 and GPIN 2427-20-6108 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: "PROPOSED: RIPRAP · IN: LAKE WESLEY · AT: 532, 536, 540 SOUTHSIDE RD. VIRGINIA BEACH, VA 23451 · APPLICATION BY: WILLIAM S. SHELHORSE, ET AL · SHEET 1 OF 4 · DATE: MAY 30, 1999." Said plat contains four (4) sheets, copies of which are attached hereto collectively as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. 2 It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer 3 or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One 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, WILLIAM S. SHELHORSE and SALLY W. SHELHORSE, the said Grantee have caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By¸ City Manager/Authorized Designee of the City Manager 4 (SEA ) ATTEST: City Clerk 'SALLY W-~HELHORSE STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2000, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: BEACH. The foregoing instrument was acknowledged before me this day of ., 2000, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA My Commission Expires: Notary Public STATE OF ex5 CI~.TY/COUNTY OF The foregoing instrument was acknowledged before me this day of ., 2000, by WILLIAM S. SHELHORSE and SALLY W. SHELHORSE. My Commission Expires: Nota~ublic APPROVED AS TO LEGAL SUFFICIENCY CITY X'I~ORlklE~ 6 N ~;5' LOT E,-3 N/f= I'tiR00 L. DARYANANI 242G- I D-577D · 5 72'00'00' ~' I 532 LOT D-2 N 72'OO'00' W I Gg.g' # 53G LOT B-2A LOT D-IA 540 51TE A N/F JOE E. LUNGWITZ 242G- 19-7413 LAT~ N 3G°49'30" LON: W 75°58'31" 4 (~) I ~)DO WATERJ=RONT C~)NSULTING, INC. ALL R.IGHT5 R~SEP-,VI=D. PUI~'OSE: MAINTENANCE DATUM: NVGD MSL 0.00' ADJACENT PP-,OPEP,,TY OWNER,..5 I. JOE E, LUNGWITZ 2. HIP,,O0 L. DAP-,YANANI 3. CITY OF VIRGINIA DEACH / TIP INTO ~.XIST. RII:'IRA~ Off I'I.L. DAI~YANANI i EXISTING PIERS/ FLOATING DOCKS (HATCHED) PAP. CI'L 4, 2. I ~) ACRg5 - VII~GINIA DgACH EP. OSION 2427-20-7~91 W'ATERPRONT CONSULTING, INC 4G96 HANOVEP, COURT VIP-,GINIA DEACH. VA 234G4 PHONE/FAX: (757) 495-85GG MODILE: (757) 717-25G0 MLW 0.0' ¢ MI'IW +3.0' AT FACE Off BUI. F,J'IEAD TIE INTO PR. OPOSPD RIPRAP OI= JOg g. LUNGWITZ ,~ THEOD( No. 02l)742 PLAN VIEW 5CAL~ I" = 50' PROPOSED: P,,IPR. AP IN: LAK, E WESLEY AT: 532,53G,540 50UTHSIDE R.D. VIRGINIA DEACH, VA 2345 I APPLICATION DY: WILLIAM ,5. ~SHELHOR.SE, ET AL SHEET I OF= 4 DATE: MAY 30, 1999 51TI= DATA: LEGAL DE5CRIPTION: LOT5 B-IA, B-2A ¢ B2, BLOCK` H, R.UDEE HEIGHT5 51TE SURVEY BY: GALLUP 5UR. VEYOR5 t.. ENGINEERS, LTD. DATE: FEB. '7, 1990 P.,EF: M.D. 201 PG. 42 ¢ M.B. G I PG 22 ON FILE AT THE CLERK`'5 OFFICE, VIRGINIA BEACH, VA GPINS: 2426-19-75G3,~G05 ¢ 6732 ZONING: R.- I 0 C.D.?.A. NOTE: PR.OJECT 15 WATER. DEPENDENT AND EXEMPT. SEQUENCE OP EVENT,..5: I. SECURE ALL RJ~QUIRED FEDERAL, STATE AND LOCAL PEPJvIIT5 AND OR. VAR.IANCES. 2. DESIGNATE CON5TR. UCTION LIMIT AND MATER.IAL.5 ACCE55WAY WITH SAFETY FENCE, (IF APPLICABLE), A~ DENOTED ON PLAN VIEW. BARGE DELIVERY OP MATERIAL NEGATE5 THE NEED FOR. DESIGNATED MATERIAI~ ACCE55WAY WITH SAFETY FENCE. 3. CONSTR.UCT PROJECT VIA MANUAL/MECHANICAL MEAN.~. 4. ALL IMPACTED/DISTUR.DED/DENUDED/FILLED AREA5 5HALL DE IMMEDIATELY 5TADILIZED DY GRADING, MULCHING AND SEEDING. ALL 5UCH AREA.~ 5HALL DE RETAINED LANDWARD OF THE 5TRUCTUP,.E DY AN E.5.C. DAR.R.IER. WHICH 5HALL DE MAINTAINED UNTIL THE AFFECTED AP-,J~A 15 PER.MANETLY STABILIZED. .5. DI5PO,~E OF ALL CONSTP-,UCTION DEDP,.15 IN A LAWFUL MANNER. CONSTP-,,UCTION NOTES: TURF GP 55 TYPE: TIME TO 5RED KENTUCK'Y 31 5EPT. I 6 - APRIL 30 NARR.W LEAF PESCUE5 SEPT. I G - APRIL 30 BERMUDA MAY I - 5EPT. I [5 PLANTING CHAP, T: RATE ~SLDS/I ,000 51= GLDS/I ,000 5F 2LBS/I ,000 5F OR A5 PER. MANUFACTUR.ER'5 SPECIFICATIONS. THESE PLAN5 AP-,E FOR. PERMIT PUR.POSE5 ONLY. IT 5HALL DE THE OWNER/CONTRACTOR.'5 P,,ESPONSIDILTY TO LOCATE AND MAR. K, ANY UNDER.GR.UND UTILITIE5 AND OR. 5PRINK,LER. SYSTEMS. THE NUMBER. FOR "MI55 UTILI'Pr"' 15.5 I -~00-552-7001 . PURPOSE: MAINTENANCE DATUM: NVGD MSL 0.00' ADJACENT PR.OPER.TY OWNERS I, JOE IL LUNGWITZ 2. HIR.O0 L. DAP-,YANANI 3. CITY OF VIRGINIA BEACH (~) I ~JE~ WATPIRJ=IKONT CONSULTING, INC. ALL P, IGHT5 P-,ESER.VED. WATERFRONT CONSU[.'I'ING, INC 4(;9,5 HANOVER, COURT VIRGINIA BEACH, VA 23464 PHONF_JFAX: (757) 495-8566 MOBILE: (757) 717-2560 PP-,OPOSED: RIPRAP IN: LAKE WESLEY AT: 532,53g,540 50UTHSIDE RD. VIRGINIA BEACH, VA 23.45 I APPLICATION DY; WILLIAM 5. 5HELHOR5E, ET AL SHEET 2 OF 4 DATE: MAY 30, I ~399 CR055 5[CTION A- A PROPOSED RI PP-,AP 5GALE 3/8" = 1.0' 7,0'--. 12' MAXIMUM MHW +3.0' I='ROPOSED CLA55 ONE QUAP, P,,Y 5TONE I~IPP..A? FILTER.CLOTH UNDEP-, leJPRAP AND AGAINST E. ULr, J-IEAD MLW 0.0 MUDLINE VAP. IE5 III~IE~II~IF MATEP, IAL5 5PECII=ICATIONS: QUAP-,P,.Y 5TONE TO MEET VDOT CLAS5 ONE ,STANDAP-,D FILTEP-,CLOTI-I TO UV PROTECTED PJPP-,AP DESIGN 15 DA..SED ON 5TANDAP-,D DESIGN PP, ACTICES. ATYPICAL 51TE CONDITION5 NOT VISIBLY APPAI~ENT HAVE NOT BEEN TAr,,EN INTO ACCOUNT. (~) 195~ WATERI=E. ONT CONSULTING. INC. AU. RIGHT5 P,.ESEP,.VED. PUP-,POSE: MAINTENANCE DATUM: NVGD MDL 0.00' ADJACENT PP-,OPEP-,TY OWNEP-,..5 I. JOE E. LUNGWITZ 2. HIP-,O0 L. DAP-.,YANANI 3. CITY OF VIP-,GINIA BEACH I WATERFRONT CONSULTING, INC 4(;98 HANOVEP-, COURT VIRGINIA BEACH, VA 234(;4 PHONE/FAX: (757) 495-65GG MOBILE: (757) 717-25G0 PP-,OPOSED: P-,I PRAP IN: LAI~ WESLEY AT: 532,53G,540 50UTHSIDE RD. VIRGINIA DEACI"I, VA 23451 APPLICATION BY: WILLIAM 5.5HIELHHOP-,SE, ET AL 5HEET 3 OF 4 DATE: MAY 30, 1999 SHADOW Fl( Vi Marine Sc COPYRIGHT ADC THE MAP PEOPLE PERMITTED USE NO. 20998G09 (~ 199~ W'ATI'RI=R,ONT CON.SULTING, INC. ALL RJGI-tT5 RESEI~,VED. PURPOSE: MAINTENANCE DATUM: NVGD MSL 0.00' ADJACENT PROPERTY OWNEP-~ I. JOE E. LUNGWITZ 2. HIRO0 L. DARYANANI 3. CITY OF VIRGINIA DEACH WATERFRONT CONSULTING, INC 4G98 HANOVER COURT VIRGINIA DEACH, VA 234G4 PHONE/FAX: (757) 495-85GG MOBILE: (757) 717-25G0 VICINITY MAP 5CALE I"= 1,500' PROPOSED: RIPRAP IN: LAK-,~ WESLEY AT.' 532,53G,540 50UTHSIDE RD. VIRGINIA 13EACH, VA 2.3451 APPLICATION WILLIAM ,5. 5HELHORSE, ET AL SHEET 4 OF 4 DATE: MAY 30, 1999 f / LOCATION NM~P SC_.~LE: 1" -- 1,600' 0 0 0 0 PREPARED BY PAY ENG. DRAFT. 16-FEB-2000 Item IV-H. 2. c. ORDINANCES Upon motion by Councilman Jones, - 18- ITEM # 46328 seconded by Council Lady Parker, City Council ADOPTED: Ordinance to AUTHORIZE temporary encroachment: A portion of 540 Southside Road by MICHAEL J. STANDING JR. re an existing pier/dock and bulkhead with rip-rap adjacent to the existing bulkhead at Lake Wesley. The following conditions shall be required: The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 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. Nothing herein contained shah 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. 4. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. The applicant must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the encroachment area. 6. Prior to issuance of a right-of-way permit, the applicant must post sureties in accordance with the project engineer's cost estimate, to the Office of Development Services Center/Planning Department. 7. The applicant shah obtain and keep in force aH risk property insurance and general liability or such insurance as is deemed necessary by the City, and aH insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days'written notice to the Cityprior 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. The Applicant must submit for review and approval, a survey for the encroachment area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built "plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. March 7, 2000 Item IV-H.2.c. ORDINANCES - 19- ITEM # 46528 (Continued) The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachments are allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. and Vice Mayor William D. Sessoms, Jr. March 7, 2000 2 3 4 5 6 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CERTAIN CITY PROPERTIES BY MICHAEL J. STANDING, JR., HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, MICHAEL J. STANDING, JR., single, desires to maintain an existing pier/dock and an existing bulkhead and to install rip-rap adjacent to the existing bulkhead into a portion of existing City properties known as Parcel 4 (GPIN 2427-20-7891) and Lake Wesley (GPIN 2427-20-6108). WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachment upon the City's properties subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended MICHAEL J. STANDING, JR., single, his heirs, assigns and successors in title is authorized to maintain an existing pier/dock and an existing bulkhead and to install rip-rap adjacent to the existing bulkhead into a portion of the existing City properties known as Parcel 4 (GP1N 2427-20-7891) and Lake Wesley (GPIN 2427-20-6108) as shown on the map entitled: "PROPOSED: RIPRAP · IN: LAKE WESLEY · AT: 532, 536, 540 SOUTHSIDE RD. VIRGINIA BEACH, VA 23451 · APPLICATION BY: WILLIAM S. SHELHORSE, ET AL · SHEET I OF 4 · DATE: MAY 30, 1999." a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the City of 29 3O 31 32 33 34 35 36 37 Virginia Beach and MICHAEL J. STANDING, JR., single, (the "Agreemem") which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as MICHAEL J. STANDING, JR., single, and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of March! ,2000. 38 39 CA- PREPARED: 02/08/2000 {,/ SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AN~r'F,~RM CITY ATTO~ 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-81 l(a)(3) AND 58.1-811 (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made thi of,~-~::.~7-q, --_:..~ ,2000, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and MICHAEL J. STANDING, JR., single, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNE$$ETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Parcel B-lA, Rudee Heights" and being further designated and described as 540 Southside Road, Virginia Beach, Virginia 23451-7126; and That, WHEREAS, it is proposed by the Grantee to maintain an existing pier/dock and an existing bulkhead and to install rip-rap adjacent to the existing bulkhead, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portions of existing City properties known as Parcel 4 (GPIN 2427-20-7891) and Lake Wesley (GPIN 2427-20-6108), "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 2427-20-7891 and GPIN 2427-20-6108 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: )k Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "PROPOSED: RIPRAP · IN: LAKE WESLEY · AT: 532, 536, 540 SOUTHSIDE RD. VIRGINIA BEACH, VA 23451 · APPLICATION BY: WILLIAM S. SHELHORSE, ET AL · SHEET 1 OF 4 · DATE: MAY 30, 19997 Said plat contains four (4) sheets, copies of which are attached hereto collectively as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. 2 It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer 3 or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, MICHAEL J. STANDING, JR., the said Grantee has caused this Agreement to be executed by his signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By. City Manager/Authorized Designee of the City Manager 4 (SEAL) ATTEST: City Clerk M~-~~.'~TAND'~G, JR. (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this . , 2000, by . DESIGNEE OF THE CITY MANAGER. day of , CITY MANAGER/AUTHORIZED My Commission Expires: Notary Public 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: BEACH. The foregoing instrument was acknowledged before me this day of ,2000, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA My Commission Expires: Notary Public STATE OF c:x,~ t-~ CITY/COUNTY OF c%-h~, ~d~, to-wit: The foregoing instrument was acknowledged before me this X~ ~%N~ ., 2000, by MICHAEL J. STANDING, JR. day of No~...~ublic - My Commission Expires: APPROVED AS TO LEGAL SUFFICIENCY CITY ATT~ORN~X~r~ APPROVED AS TO CONTENT ~ITY REAL E~TATE AGENT ,51TE DATA: LEGAL DESCRIP'T'ION: LOTS B-IA, B-2A ¢ 92, BLOCK H, RUDEE HEIGHTS SITE SURVEY BY: GALLUP SURVEYORS ¢ ENGINEERS, LTD. DATE: FEB. 7, 1990 REF: M.B. 201 PG. 42//.. M.B. 61 PG 22 ON FILE AT THE GLEIRr,,'D OFFICE, VIP,.GINIA BEACH, VA GPIND: 2426- 19-7563,8605 * 8732 ZONING: R- I 0 C.B.P.A. NOTE: PROJECT 1.5 WATER. DEPENDENT AND EXEMPT. SEQUENCE OF EVENTS: I . SECURE ALL REQUIP-,ED FEDERAL, STATE AND LOCAL PEP,,.IvllTS AND OR VARIANCES. 2. DESIGNATE CONSTRUCTION LIMIT AND MATERIALS ACCESDWAY WITH SAFETY FENCE, ('IF APPLICABLE), A.5 DENOTED ON PLAN VIEW. BARGE DELIVERY OF MATERIAL NEGATED THE NEED POR DESIGNATED MATERIAl.5 ACCESDWAY WITH SAFETY FENCE. 3. CONSTRUCT PROJECT VIA MANUAL/MECHANICAL MEANS. 4. ALL IMPACTED/DISTURBED/DENUDED/FILLED AP-,EAS SHALL BE IMMEDIATELY STABILIZED BY GRADING, MULCHING AND DEEDING. ALL SUCH AREAS SHALL BE RETAINED LANDWARD OF THE STRUCTURE BY AN E.S.C. BARRIER WHICH SHALL BE MAINTAINED UNTIL THE AFFECTED AREA IS PERMANETLY STABILIZED. 5. DIDPODE OF ALL CONSTRUCTION DEBRIS IN A LAWFUL MANNER. CONSTRUCTION NOTED: TURF GRASS TYPE: TIME TO SEED KENTUCKY 31 DEPT. I 6 - APRIL 30 NARROW LEAF FEDCUES DEPT. I 6 - APRIL 30 BERJ'VlUDA MAY I - SEPT. 15 PLANTING CHART: RATE 8LBS/I ,000 DF 6LBS/ I ,000 DF 2LBS/I ,000 DF OR AS PER MANUFACTURER'S SPECIFICATIOND. THESE PLANS ARE FOR PERMIT PURPOSE5 ONLY. IT SHALL BE THE OWNERJCONTRACTOR'S REDPONDIDILTY TO LOCATE AND MARK. ANY UNDERGROUND UTILITIES AND OR SPRINKLER SYSTEMS. THE NUMBER FOR "MI55 UTILITY" IS 1-800-552-7001 . (~ 199,~ WATER. FRONT CONSULTING, INC. ALL R. IGHT5 R,ESER, VED. PUP-J=ODE: MAINTENANCE DATUM: NVGD MSL 0.00' ADJACENT PROPERTY OWNEP-,..5 I, JOE E, LUNGWITZ 2. HIRO0 L. DARYANANI 3. CITY OF VIRGINIA BEACH WATERFRONT CONSULTING, INC 4{;96 HANOVER. COURT VIRGINIA BEACH, VA 23464 PHONE/FAX: (757) 495-8566 MOBILE: (757) 717-2560 PROPOSED: RIPRAP IN: LAKE WESLEY AT: 532,536,540 DOUTMDIDE RD. VIRGINIA BEACH, VA 2345 I APPLICATION BY; WILLIAM 5. SMELMOR..SE, ET AL SHEET 2 OF 4 DATE: MAY 30, 195)9 CR055 .SECTION A- A PROPOSEID RIPRAP SCALE 3/6" = 1.0' I ~' THMP. H.5.C. DAPJ~JHR. 7.O'~ NO CHANGE TO GRADE I~ 1 2' MAXIMUM MHW' +,.~.O' ~. FILTER.CLOTH UNDER. PJPP-JkP AND AGAIN,~T BuI.r~IEAD : PROPOSED CLA55 ONE QUAP-,R.Y 5TONE P-JFRA? / k,,K '¥~- ~ m~ff!~f~r¢~!~ ~ ~ MUOLINE VAPJC.~: ' rlt~)., No. 026742 MATERJAL.5 5PECII=ICATIONS: QUARRY 5TONE TO MEET VDOT CLA55 ONE ,STANDARD FILTER.CLOTH TO UV PROTECTED RII='RAP Dff-`51GN 1.5 DA.SED ON STANDARD DE.51GN I='RACTICES. ATYPICAL 51TE CONDITION5 NOT VI`51DLY APPARENT HAVE NOT DEEN TAI~N INTO ACCOUNT. (~) I ~O W'ATERP'R~NT CONSULTING. INC. ALL P, JGHT5 RHSER.VED. PROPOSED: IN: LAKE WESLEY DATUM: NVGD MSL O.OO' ADJACENT PROPERTY OWNER.`5 CO N5 U LTl N G, I N C^'r= ~.~,s,~o ~ou'r.~,.~ · JOE E. LUNGWITZ 4Ggb HANOVER COURT APPLICATION 2. HIR, O0 L. DAR.YANANI VlP-,GINIA DEACH, VA 234G4 WILLIAM ,5. ,SHELHOR.`5E, L='T' AL 3. CITY OI= VIRGINIA DEACH PHONE/FAX: (757) 495-E~SGG SHEET 3 OF 4 MODILE: (757) 717-25G0 DATE: MAY 30, 1999 SHADOW COPYP-,IGHT ADC THE MAP PEOPLE PERMITTED U.~E NO. 20996609 t~) 19981 WATER. FRONT CON..~ULTING, lNG. ALL IRIGHT5 RE..~EP-.VED. PURPO..~E: MAINTENANCE WATE RFP-.O NT O^TU~.. NYSE) ~SLO.O0' CON~UL'I-ING INC ADJACENT PROPERTY OWNEP-~ ~ I, JOE E, LUNGWITZ 499b HANOVER, COURT 2. HIP~O0 L, DARYANANI VIRGINIA BEACH, VA 234g4 3. CITY OF VIRGINIA BEACH PHONE/PAX: (757) 495-~5gG MOBILE: (757) 717-25g0 VICINITY MAP ,.SCALE I"-- I,,.500' PROPOSED: P-,I PRAP IN: LAKE W1ESLEY AT.' 532,536,540 ..~OUTH~IDE RD. VIRGINIA BEACH, VA 23451 APPLICATION BY: WILLIAM 5..~HELHOR.~E, ET AL ..~HEET 4 OF 4 DATE: MAY 30, 19~9 ¢) LOT 5-3 N/~ t'IIROO L, DAR.¥ANANI · ~42G- I 9-5779 · 5 7:~'OO'OO' R ~ 65': 532 LOT D-2 N 72*O(XX~ W I ~ffi.~;' # 53G LOT D-2A LOT 5-IA # 540 ,'~ITE A Nfl" JOI" E. IJJNGWITZ 24~.G- 19-7413 \*' I.AT: N 3G°49'30'' LO~': W 75°55'31 (~) 19~)5 W'ATI'RJ=P, ONT CONSULTING, INC. ALL P, JGMT5 PUP-,POEE: MAINTENANCE DATUM: NVGD MEL 0.00' ADJACENT PROPERTY OWNER..5 I. JOE E. LUNGWITZ 2. HIP-,OO L. DAR, YANANI 3. CITY OF VIRGINIA BEACH WATEKI::P-,,O NT CI CONSULTING, IN / TII" INTO E. XIST. ~PRAP OP I'I.L. ~A~¥AN ANI I EXISTING PIERS FLOATING DOCI< (HATCHED) PARC~. 4.2. I ~ VIRGINIA I~EACrI ERO.~ION C 2427-20-7591 4G96 HANOVER COURT VIRGINIA BEACH, VA 234G4 PHONE/FAX: (757) 495-&EGG MOBILE: (757) 717-25G0 SECTION A-A {NOTE: M)~IMUM WIOTIJ O1" DA.SE O1" MLW O.O' ( MIIW +3.O' AT I"ACI~ O1" BULr, J'I~A~ TIE INTO IRJPRAP 01" JO!" E. LUNGWITZ PLAN VIEW SCALE I" = 50' No. 026742 PROPOSED: I;eJ PRAP IN: LAI~ WESLEY AT: 532,53G,540 50UTHEIDE ~ JVIP-.GINIA BEACH, VA 2345 I APPLICATION DY: WILLIAM 5.5HELHOR...EE, ET AL SHEET I OF 4 DATE: MAY 30, 1999' 5IT[ DATA: LEGAL DE.SCRIFTION: LOT,5 B- I A, B-2A ¢ B2, BLOCK H, RUDEE HEIGHT.5 51TE ,SURVEY BY,' GALLUP SSURVEYOR.5 ¢ ENGINEEP~, LTD. DATE: FEB. ?, 1990 REP: M.B. 201 PG. 42, M.B. G I PG 22 ON PILE AT THE CLERK',5 OFFICE, VIRGINIA BEACH, VA GPIN`5: 242~;- I 9-75G3,8(~05 ¢ 6732 ZONING: R- I O PROJECT 1,5.5 WATER. DEPENDENT AND EXEMPT. 5E@UENCE OI= EVENTS: I. ,SECURE ALL REQUIRED FEDERAL, STATE AND LOCAL PERMIT.5 AND OR VARIANCES. 2. DE`51GNATE CON`STRUCTION LIMIT AND MATERJAI.,5 ACCES,SWAY WITH ,SAFL=TY PENCE, (IF APPLICABLE), A5 DENOTED ON PLAN VIL=W'. BARGE DELIVERY Of= MATERIAL NEGATE5 THE NEED FOR DE`51GNATED MATERIAL.5 ACCE,55WAY WITH `SAf=ETY FENCE. .3. CON`STRUCT PROJECT VIA MANUAL/MECHANICAL MEAN`5. 4. ALL IMPACTED/DI`STURBED/DENUDED/FILLED AREA5.5HALL BE IMMEDIATELY `STABILIZED BY GRADING, MULCHING AND ,SEEDING. ALL `SUCH AREA5 ,SHALL DE RETAINED LANDWARD OF THE 5TR. UCTURE DY AN E.5.C. DARR.IER WHICH 5HALL DE MAINTAINED UNTIL THE AFFECTED AREA 1.5 PERMANETLY `STABILIZED. DI`SPO,SE OF ALL CONSTRUCTION DEBRI,5 IN A LAWFUL MANNER.. o CONSTRUCTION NOTES: TYPE: I~NTUCKY ,3 I NARROW LEAP P'T. SCU ED BERMUDA TURF CRA55 PLANTING CHART: TIME TO `SEED RATE 5EF"r'. I ~; - APRIL 30 6LB`5/I ,000 `SF `SEPT. I (; - APRIL 30 GLB`5/I ,000 51= MAY I - `SEPT. 15 2LB`5/I ,000 `51= OR A,5 PER MANUI=ACTURER'5 ,SPECIFICATION`5. THESE PLAN`5 ARE FOR, PERMIT PUR. POSE,5 ONLY. IT `SHALL BE THE OWNER/CONTRACTOR',5 RI"SPON`51BILTY TO LOCATE AND MARK, ANY UNDERGROUND UTILITIE`5 AND OR `SPP-,INK,I..ER, 5Y,STEM,5. THE NUMBER. FOR "M1`55 UTILITY" 1,5 1-600-552-7001 . PURPO`SE: MAINTENANCE DATUM: NVGD M`SL 0.00' ADJACENT PROPERTY OWNER`5 JOE I% LUNGWITZ 2. HIR. O0 L. DARYANANI 3. CITY OF VIRGINIA BEACH WATERFRONT CONSULTING, INC. ALL P-JGHT.5 P,~SER. VED. WATERFRONT CONSUl_TING, INC 46~6 HANOVER COURT VIRGINIA BEACH, VA 234(;4 PHONE/FAX: (757) 495-856G MOBILE: (757) 717-25G0 PR.OPO`SED: RIPRAP IN: LAKE WE`SLEY AT: 532,53G,540 ,50UTM,51DE RD. VIRGINIA BEACH, VA 2.34'5 I APPLICATION DY: WILLIAM 5. `SHELMOP-~E, ET AL `SHEET 2 OF 4 DATE: MAY 30, 1999 ' CR©55 5ECTI©N A- ~ PROPOSED RIPRAP 5CA~ 3/5" = 1.0' 7.0'_~ ! _ 12' MAXIMUM PP~POSED CLA55 ONE QUAleJ~,Y 5TONE PJ?RAP. I=ILTEI~CLOTH UNDER. RJPRAP AND AGAINST BULrd'IEAD MLW 0.0 ; MU[)LINE VAP-JE.5 IF=Ill MATEPJAL.5 SPECIFICATIONS: QUARRY 5TONE TO MEET VDOT CLA55 ONE STANDARD FILTER.CLOTH TO UV PP-,OTECTED pjpp_~a~ DE,.51GN 1,5 DA.SED ON STANDARD DESIGN PRACTICES. ATYPICAL 51TE CONDITION5 NOT VISIDLY AP'PARENT HAVE NOT DEEN TAKEN INTO ACCOUNT. (~) I ~5 WATERJ'~ONT CONSULTING, INC. ALL RIGHT5 P-,Z. SERVED. iE: MAINTENANCE DATUM: NVGD MSL 0.00' ADJACENT PROPERTY OWNEP-,.5 I. JOE E. I..UNGWI'rz 2. HIRO0 L. DAP-,YANANI 3. CITY OI= VIRGINIA DEACH WATERFRONT CONSULTING, INC 4695 HANOVEE, COUI/,T VIRGINIA DEACH, VA 23464 PHONE/FAX: (757) 495-5566 MODILE: (757) 717-2560 PR. OPOSED: RJ?RAP IN: LAKE WESLEY AT: 532.536,540 50UTHSIDE RD. VIRGINIA DEACH. VA 23451 APPLICATION DY.' WILLIAM ,5. ,SHELHOR.SE, ET AL ,SHEET 3 OF 4 DATE: MaY 30, 1999 SHADOW H~ GOPYF-JGHT ADC THE MAP PEOPLE PERMITTED UDE NO. 20996~OD (~) I ~)~ WATER. FIR. ONT CON,.~ULTING, INC. =URPOSE: MAINTENANCE DATUM: NVGD MSL 0.00' ADJACENT PROPERTY OWNEP--,~ I. JOE E. LUNGWITZ 2. HIRO0 L. DARYANANI 3. CITY Of= VIRGINIA DEACH AIL FJGHT5 RE,.~ERVED. WATi RI=R, ONT :ONSULTING, INC 4G9~ HANOVER COURT VIRGINIA DEACH, VA 234(;4 PHONE/FAX: (757) 495-~5GG MODILE: (757) 717-25G0 VICINITY MAP SCALE I · -, 1,500' I='P,,OI='OSED: IR,IF'RAP IN: LAKE WESLEY AT: 532,53G,540 50UTHSIDE RD VIRGINIA DEACH, VA 2,345 I AFF'LICATION DY: WILLIAM 5.5HELI-IOR~E. ET AL 5HEET 4 Of' 4 DATE: MAY 30. 1999 ' LOCATION MAP SCALE : 1" -- 1,600' 0 0 0 0 0 L PREPARED BY P/W ENG. DRAFT. 16-FEB-2000 - 20 - Item IV-H. 2.d. ORDINANCES ITEM # 46329 Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to AUTHORIZE temporary encroachment: Katie Brown Drive by GRAYSON WOODS, L.C. re parking spaces, landscaping, irrigation, electrical lines, conduits, control wires, and lighting; authorize the City Manager to execute all necessary agreements; and, this ordinance shall be effective only upon the signature of the City Manager and the applicant. The following conditions shall be required: The temporary encroachments herein authorized shall terminate upon notice by the City to the applicant and within one hundred and eighty (180) days after the notice is given, the applicant will cease use of the temporary encroachments, and that within two hundred and seventy (2 70) days after notice is given, the parking space stripes must be remove& and the underground private irrigation lines, private stormwater lines, and private lighting features must be capped and any above-ground lighting, irrigation or stormwater features within the easement areas must be remove& and the applicant will bear all costs and expenses of such removal, restriping and capping. Subject to compliance with all laws and ordinances then in effect, the City acknowledges that it will consider alternate ways to facilitate the lighting, irrigation and stormwater needs of the office complex while preserving the public's needs within the area. 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. No permission or authority is given to the applicants to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachments by anyone other than the applicant. 4. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. Notwithstanding the foregoing, nothing contained herein shall prevent the applicant from conveying the adjacent properties and the rights and obligations contained herein to third parties which, upon conveyance thereof will be bound by the terms of this Agreement. The applicant shall not be released from its obligations hereunder, however, unless agreed to in writing by the City. Except as shown on the Encroachment Diagram, the applicant 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. 7. The applicant must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the Encroachment Areas. March 7, 2000 - 21 - Item IV-H.2. d. ORDINANCES ITEM # 46329 (Continued) Prior to issuance of a right of way permit, the applicant must post sureties, in accordance with his engineer's cost estimate for the development of an interior drive aisle, to the Office of Development Services Center/Planning Department. The applicant must obtain and keep in force all-risk property insurance and general liability of 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 encroachments. 10 The applicant must submit for review and approval, a survey of the encroachment areas, certified by a registered professional engineer or a licensed land surveyor, and/or "as built "plans of the temporary encroachments sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering division of the Public Utilities Department. 11 Upon revocation of such authority and permission so granted and following the applicants's failure to relocate all or portions of the temporary encroachments as set forth herein, then the City may remove the temporary encroachments 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. Voting: 9-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. and Vice Mayor William D. Sessoms, Jr. March 7, 2000 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE RIGHT-OF-WAY OF KATIE BROWN DRIVE BY GRAYSON WOODS, L.C., A VIRGINIA LIMITED LIABILITY COMPANY WHEREAS, Grayson Woods, L.C., a Virginia limited liability company, desires to construct and maintain certain parking spaces, landscaping, irrigation, electrical lines, conduits, control wires, and lighting into the City's right-of-way known as Katie Brown Drive. WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachments upon the City's right-of-way subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended Grayson Woods, L.C., a Virginia limited liability company, is authorized to construct and maintain a temporary encroachment for certain parking spaces, landscaping, irrigation, electrical lines, conduits, control wires, and lighting into the City's right-of-way known as Katie Brown Drive as shown on the map entitled: "ENCROACHMENT DIAGRAM," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Grayson Woods, L.C., a Virginia limited liability company, (the "Agreement") which is attached hereto and incorporated by reference; and 28 29 30 31 32 33 34 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Grayson Woods, L.C., a Virginia limited liability company, and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7t:h day of t~arch ,2000. 35 36 CA-7580 PREPARED: 12/29/99 APProVED AS TO CONTENTS SIGNATURE DEPARTMENT APPROVED AS TO LEGAL ~ITY ATTORNEY 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE THIS AGREEMENT, made this /..~t~'day of l~tOtlet~Jer , 1999, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation ("City"), as grantor, and GRAYSON WOODS, L.C., a Virginia limited liability company ("Grayson"), as grantee. WITNESSETH: WHEREAS, it is proposed by Grayson to construct and maintain asphalt parking, landscaping, lighting, irrigation facilities, and supply lines, conduits and control wires (the "Temporary Encroachments") in the City of Virginia Beach, and WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that Grayson encroach into portions of an existing City right-of-way known as Katie Brown Drive (the "Encroachment Areas"); and Grayson has requested that the City permit the Temporary Encroachments within the Encroachment Areas. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to Grayson 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 Grayson permission to use the Encroachment Areas for the purpose of constructing and maintaining the Temporary Encroacl~nents on and subject to the terms and conditions set forth herein. It is expressly understood and agreed that the Temporary Encroachments 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 the Encroacltment Areas are more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Areas, as designated and shown on that certain plat entitled: "ENCROACHMENT DIAGRAM," a copy of which is attached hereto as "ED-l" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminate upon notice by the City to Grayson, and that within one hundred and eight (180) days after the notice is given, Grayson will cease use of the Temporary Encroachments, and that within two hundred and seventy (270) days after notice is given, the parking space stripes must be removed; and the underground private irrigation lines, private stormwater lines, and private lighting features must be capped and any above-ground lighting, irrigation or stormwater features within the easement areas must be removed; and Grayson will bear all costs and expenses of such removal, restriping and capping. Subject to compliance with all laws and ordinances then in effect, the City acknowledges that it will consider alternate ways to facilitate the lighting, irrigation and stormwater needs of the office complex while preserving the public's needs within the area. It is further expressly understood and agreed that Grayson 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 Encroachments. 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 Grayson. -2- It is further expressly understood and agreed that Grayson agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. Notwithstanding the foregoing, nothing contained herein shall prevent Grayson from conveying the adjacent properties and the rights and obligations contained herein to third parties which, upon conveyance thereof will be bound by the terms of this Agreement. Grayson shall not be released from its obligations hereunder, however, unless agreed to in writing by the City. It is further expressly understood and agreed that, except as shown on the Encroachment Diagram, Grayson 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. It is further expressly understood and agreed that Grayson must obtain a permit fi.om the Office of Development Services Center/Planning Department prior to commencing any construction within the Encroachment Areas. It is further expressly understood and agreed that prior to issuance of a right of way permit, Grayson must post sureties, in accordance with their engineer's cost estimate for the development of an interior drive aisle, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that Grayson 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. Grayson 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. -3- Grayson 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. Grayson assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachments. It is further expressly understood and agreed that Grayson must submit for review and approval, a survey of the Encroachment Areas, certified by a registered professional engineer or a licensed land surveyor, and/or "as built?' plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that, upon revocation of such authority and permission so granted and following Grayson's failure to relocate all or portions of the Temporary Encroachments as set forth herein, then the City may remove the Temporary Encroachments and charge the cost thereof to Grayson, and collect the cost in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, GRAYSON WOODS, L.C. has caused this Agreement to be executed in its name and on its behalf by its duly authorized manager. Further, 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 to be hereunto affixed and attested by its City Clerk. (~~ROVED A,S TO CONTENT DEPARTMENT' CITY OF VIRGINIA BEACH By: City Manager/Authorized Designee of the City Manager -4- (SEAL) ATTEST: City Clerk COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument , 1999, by was GRAYSON WOODS, L.C., a Virginia limited liability company acknowledged before me this day of MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. , CITY My Commission Expires: Notary Public COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of HODGES SMITH, City Clerk for the CITY OF 1999, by RUTH VIRGINIA BEACH. My Commission Expires: Notary Public -5- COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this I~'~?~ day of ~ , 1999, by MICHAEL DENING, as Manager, on behalf of GRAYSON WOODS, L.C., a Virginia limited liability company. Notary Public My Commission Expires: 23s$8(~8) -6- IRRIGATION ,SUPPLY LINES, CONDUIT5 CONTAiNINO F'ARK. INO, LANDSCAPIN~, ENCROACHMENT TO ALLOW FOR ~ '--~. ! -- ',.3 ~ ELECTRICAL LINE5 FOR LIgHTINg., ~ Z ~1 IRRIC~TION SUPPLY LINES, CONDUIT5 ~) AND CONTROL WIRES, IRRI(SATION, LANDCaCAF~INO, AND ACCENT LICH"ITIN~ KATIE BROWN DRIVE AND (~RAYSON ROAD MAP BOOR 50, ?A~E 39A DEED BOOK. 242, ?A6E 335 KATIE I ROWN I RIVE SCALE: 1 "= 100' - 0" ,,~,,,~,,,,.~ENCROACHMENT DIAGRAM IRRIGATION SUPPLY LINES, CONOUIT5 o lO' W~E ENCRO^C.UE~ ~1~ - ~ECTRICAL LIN~ ElaTION SUPPLY LINES, CONDUIT5 - AND CO~ROL W~RES, IRRIGATION, ~CAPI~ ACCE~ LI~TIN5 ............ ~TIE BROWN PR~E ~NO G~YeON ROAg ~ gEEO BOOK 242, PAGE KATIE B~OWN D~IV~ SCALE: 1 "= 100' - 0" III/ ~,,~,N,~ ~. ~,~,N,~ ,,,,,,,,,,.,.~ ENCROACHMENT DIAGRAM L4~7-83-~G77 SOUTHERN BLVD. VA. BEACH BLVD. SCALE 1"-1600' LOCATION I~AP 14G7-~3-1171 1467-82-8fl$4 146"/-82--4614 1467-72-9262 1467-7~-o,~D1 14~7-82-1571 1461-82-728~. '4S7-92-327g ]467-92.4466 ]467'-82'-54'~6 1467-9~'-5L4' 14g'7-'aZ-GJ. q7 L467-82-62J3 1467-52~g~6 1467-62-o~38 1467-~2"gt36 1467-71-99~tl 1467-71-q716 1467-71-q618 1467-71-9519 1467-71-q511 1467-71-9412 1467-71-q313 1467-71-9213 PROPOS LOCATION MAP ED ENCROACHMENTS I KATIE BROWN DRIVE FOR GRAYSON WOODSt L.C. SCALE: 1" = 100' PREPARED BY P/W ENG. DRAFT. 1-10-00 Item IV-H. 3. ORDINANCES Upon motion by Councilman Jones, REFUNDS: License Refunds: Tax Refunds: Trustee Tax - 22 - ITEM # 46340 seconded by Council Lady Parker, City Council ADOPTED: $27, 044.92 $18,319.36 $ 3, 048. O0 Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None March 7, 2000 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE YEAR PAID BASE INTEREST TOTAL ARAMARK EDUCATIONAL RESOURCES INC BAPTIES JOHNNY RAY DEALS ON WHEELS INC DU'I-FON BRAXTON B ECS CONTROLS INC GENUINE PARTS COMPANY INDEPENDENCE TIRE CO INC JLS INC JOHNSON CAROLYN H LEE HECHT HARRISON INC PRUDENTIAL SECURITIES INC SATURN OF VIRGINIA BEACH INC SEA SPORT INC TANGIBLE JEWELRY INC 1999 04/15/99 400.00 33.30 433.30 2000 02/16/00 13.00 0.00 13.00 02/16/00 AUDIT 1,907.52 227.59 2,135.11 02/16/00 AUDIT 10.00 0.00 10.00 02/16/00 AUDIT 259.13 5.55 264.68 2000 02/21/00 100.00 0.00 100.00 1999 02/18/00 111.76 0.00 111.76 2000 02/19/00 52.65 0.00 52.65 2000 02/17/00 14.08 0.00 14.08 2000 02/19/00 18.24 0.00 18.24 2000 02/16/00 50.00 0.00 50.00 2000 02/21/00 150.00 0.00 150.00 02/16/00 AUDIT 54.62 15.01 69.63 2000 02/22/00 195.76 0.00 195.76 This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the $3,618.21 were 7~.h day Certified as~to pa, y.,~e..n~t.~' vphili~3"~. K611~- '~ Commissioner of the Revenue ,.,-"'[.esl~L. Lilley City Attorney approved by the Council of the of March x~ 2000 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE YEAR PAID BASE INTEREST TOTAL B & B MUSIC CO INC BALLENGEE RICHARD LEE II CRUMLEY GROUP INC CUTHRELL & KIGHT INC D B WHITE DVM PC DAWSON CHARLES H HANNAH KENNETH W HODGES ROBERT CHANDLER INDIAN RIVER WATER COMPANY PITNEY-BOWES INC SABATINO'S LLC SUTTON KENNETH L WILDER BENNIE LEROY 2ND 2000 02/17/00 144.92 0.00 144.92 2000 02/15/00 94.00 0.00 94.00 02/08/00 AUDIT 188.86 34.61 - - 223.47 02/09/00 AUDIT 24.80 0.00 24.80 02/09/00 AUDIT 31.72 7.01 38.73 02/11/00 AUDIT 936.99 117.67 1,054.66 02/11/00 AUDIT 38.09 21.82 59.91 02/01/00 AUDIT 40.00 0.00 40.00 2000 02/18/00 50.00 0.00 50.00 2000 02/15/00 150.00 0.00 150.00 02/15/00 AUDIT 10.19 0.00 10.19 2000 02/16/00 14.00 0.00 14.00 2000 02/14100 10.00 0.00 10.00 This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the Commissioner of the Revenue City Attomey $1,914.68 were approved by the Council of the 7th day of ~a~'ch ~:e 2000 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE YEAR PAID BASE INTEREST TOTAL A & A PRO DEN TEMPS INC AMERICAN STUDENT RENTAL INC BEACH RADIATOR REPAIR INC BENEFICIAL VIRGINIA INC BINGO CITY ENTERPRISES INC BLACKBIRD ENTERPRISES INC BROWN HARRY L BURNE'I-I'E BRIAN G BURTON ROOFING INC DALTON CONTRACTING INC DEFORD LIMITED DEFORD COMPANIES INC DERNIS INTERNATIONAL MARKETING CO DJC ENTERPRISES INC FAIRFIELD PSYCHOLOGICAL ASSOCIATES PC FAST LANE INTERNATIONAL INC KAY KATHY PAGEMART INC PARKER BAILEY T JR PIERCING PAGODA INC PIZZA HUT OF AMERICA INC SMITH TABATHA STORY SPECIAL COATINGS INC WALL TO WALL RETAIL INC 02/04/00 AUDIT 719.38 54.02 773.40 02/07/00 AUDIT 156.39 29.17 185.56 02/04/00 AUDIT 35.90 2.85 38.75 02/07/00 AUDIT 3,327.36 928.22 4,255.58 2000 02/08/00 50.00 0.00 50.00 02/04/00 AUDIT 8.96 3.74 12.70 02/07/00 AUDIT 257.50 39.71 297.21 02~03/00 AUDIT 46.49 0.00 46.49 2000 02/09/00 50.00 0.00 50.00 02/07/00 AUDIT 45.39 9.30 54.69 02/04/00 AUDIT 970.26 88.91 1,059.17 02/03/00 AUDIT 600.95 110.13 711.08 02/08/00 AUDIT 44.18 5.13 49.31 02/02/00 AUDIT 53.20 4.87 58.07 02/03/00 AUDIT 790.86 144.93 935.79 2000 02/09/00 10.92 0.00 10.92 1999 02/11/00 40.00 0.00 40.00 02/04/00 AUDIT 635.83 118.35 754.18 2000 01/31/00 10.00 0.00 10.00 2000 02/08/00 50.00 0.00 50.00 02/02/00 AUDIT 9,661.41 885.26 10,546.67 2000 02/07/00 291.67 0.00 291.67 2000 02/09/00 50.00 0.00 50.00 02/04/00 AU DIT 1,180.79 0.00 1,180.79 This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the $21,512.03 were approved by 7'ch day of t~a[-ch Certifie~l as.t~ pa~y~er~ Philip ~J~'. Kelra~n- ' Commissioner of the Revenue City Attomey the Council of the QI:I~ 2000 Ruth Hodges Smith City Clerk AN ORDiNANCE AUTHORIZiNG TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: Tax Type Ticket Exoneration NAME Year of Tax Number Number Date Paid Penalty Int. Total Spence Family Farm, LP 2000 Spence Family Farm, LP 1999 Spence Family Farm, LP 1999 First Hospital Devel Corp. 2000 Joyner, Wayne and Martha 2000 Dawson, Mary C. 2000 Jensen, Albert N. & Diana 2000 H. R. Builders 1999 Taylor Jordan Associates 2000 Shelbume Woods 1998 Shelburne Woods 1998 Ramada on the Beach LC 2000 Loving, Robert H. & Ann H. 2000 Walter & Ellen Barnes Trustee 2000 Lifenet 2000 Spence, William L. Jr 1999 Spence, William L. Jr 1999 Spence, William L. Jr 1998 Spence, William L. Jr 1998 Spence, William L. Jr 2000 Spence, William L. Jr 2000 Knapp, Ralph E. Jr 2000 Gingerich, Michael & C Shrum 2000 Burlage Shops LLC 2000 Yearick, William & Demaris 2000 Galaxy Corporation 2000 Creeds Investment, Inc. 2000 Stokes, Jack B. 2000 Culpepper, Horace A et als 2000 Cahill, Timothy & Sandra 2000 Burroughs, Joseph E & Jack 2000 Williams, Mary Moore & John 1998 Williams, Mary Moore & John 1998 Williams, Mary Moore & John 1999 Williams, Mary Moore & John 1999 Williams, Mary Moore & John 1997 Williams, Mary Moore & John 1997 Cahill, Timothy & Sandra 1999 Cahill, Timothy & Sandra 1999 Cahill, Timothy & Sandra 1997 Cahill, Timothy & Sandra 1997 Cahill, Timothy & Sandra 1998 Cahill, Timothy & Sandra 1998 Aikin, John A. & Lucia E. 2000 Barnes, Richard W. Jr & Dixie 2000 Fleder, Alan and Harry 2000 Daniels, Loida M. 1998 Schneider, Mathew James 1995 Pearson, Crystal E. 1996 Henry, William 2000 RE(l/2) 00-117999-5 RE(l/2) 99-116572-.4 RE(2/2) 99-116572-4 RE(l/2) 00-040507-4 RE(l/2) 00-027154-7 RE(l/2) 00-030801-8 RE(l/2) 00-035780-2 RE(2/2) 99-140276-3 RE(l/2) 00-123009-1 RE(l/2) 98-110680-7 RE(2/2) 98-110680-7 RE(l/2) 00-101513-6 RE(l/2) 00-075931-6 RE(l/2) 00-007228-1 RE(l/2) 00-003281-4 EA RE(l/2) 99-116607-3 EA RE(2/2) 99-116607-3 EA RE(l/2) 98-115356-9 EA RE(2/2) 98-115356-9 EA RE(l/2) 00-118031-3 EA RE(2/2) 00-118031-3 EA RE(l/2) 00-068728-8 EA RE(l/2) 00-046539-3 EA RE(l/2) 00-017367-1 EA RE(l/2) 00-138697-6 EA RE(l/2) 00-044043-7 EA RE(l/2) 00-027599-0 EA RE(l/2) 00-120184-4 EA RE(l/2) 00-028476-6 EA RE(l/2) 00-018573-9 EA RE(l/2) 00-017597-3 EA RE(l/2) 98-132434-0 EA RE(2/2) 98-132434-0 EA RE(l/2) 99-133864-6 EA RE(2/2) 99-133864-6 EA RE(l/2) 97-131596-7 EA RE(2/2) 97-131596-7 EA RE(l/2) 99-018394-8 EA RE(2/2) 99-018394-8 EA RE(l/2) 97-017660-9 EA RE(2/2) 97-017660-9 EA RE(l/2) 98-017952-5 EA RE(2/2) 98-017952-5 EA RE(l/2) 00-001110-5 EA RE(l/2) 00-007201-2 EA RE(l/2) 00-041005-9 EA PP(2/2) 98022796130 PP(2/2) 96029503550 PP(2/2) 96022931968 Dog Tag #V21805 11/23/99 7.02 12/02/98 8.00 06/03/99 8.00 12/05/99 1329.66 12/01/99 8.28 12/02/99 1391.70 12/05/99 174.36 07/14/99 688.75 12/02/99 305.00 12/05/97 459.51 06/05/98 868.95 12/05/99 5377.58 12/05/99 450.96 12/03/99 50.82 11/08/99 840.77 12/05/98 3.05 12/05/98 3.05 12/05/97 3.05 12/05/97 3.05 12/05/99 3.05 12/05/99 3.05 11/17/99 125.66 11/18/99 538.55 11/29/99 863.81 12/01/99 305.00 12/05/99 2387.97 12/05/99 199.78 11/10/99 30.50 12/05/99 230.38 11/19/99 89.82 12/05/99 30.50 12/02/97 4.44 06/05/98 4.44 12/02/98 5.00 06/05/99 5.00 12/05/96 4.29 06/05/97 4.29 11/18/98 89.82 05/13/99 89.82 11/18/96 89.82 05/19/97 89.82 11/25/97 89.82 05/19/98 89.82 12/05/99 347.70 11/05/99 26.95 12/05/99 344.04 02/15/00 55.48 12/17/99 9.29 29.86 132.12 07/13/98 4.37 6.97 55.06 2.00 TOTAL: $18,319.36 (Continued) 2 of 2 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $18t 319.36 were approved by the Council of the City of Virginia Beach on the 7 day of 10larch 20.00 Ruth Hodges Smith City Clerk Cc¸ Ap[ tiff as to paym ~F--..~kin~s~n, Tre~sureF ~Joved as to form: Leslie L. Lilley, City Attorney FORM NO. CA. m REV. AN ORDINANCE AUTHORIZING TRUSTEE TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for trustee tax refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME TRUSTEE TAX DATE BASE INTEREST TOTAL YEAR PAID McDonalds RestaurantofVA, Inc. 1989 01/21/00 3,048.00 3,~8.o0 This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the $3,048.00 were approved by the 7th March day of Certified as. to pa. yment~! Commissioner of the Revenu® City Attorney Council of the ?1~ 2000 Ruth Hodges Smith City Clerk - 23 - Item IV-I. 1. RESOLUTIONS ITEM # 46341 Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council ADOPTED: Resolution to AUTHORIZE a grant application for $53,412 to the CHESAPEAKE BAY LOCAL ASSISTANCE DEPARTMENT for Fiscal Year2000-2001; and, to authorize the City Manager to execute all necessary agreements with matching funds of $119, 644. Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. and Vice Mayor William D. Sessoms, Jr. March 7, 2000 1 2 3 4 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE CHESAPEAKE BAY LOCAL ASSISTANCE DEPARTMENT WHEREAS, the Chesapeake Bay Preservation Act establishes that the Chesapeake Bay Local Assistance Board is responsible for carrying out the purposes and provisions of Chapter 21 of the Code of Virginia; WHEREAS, the Chesapeake Bay Local Assistance Board has promulgated a Request for Proposals to the Local Assistance Competitive Grants Program; WHEREAS, the City Council of the City of Virginia Beach, Virginia is the duly elected legislative body for the City of Virginia Beach, Virginia, an eligible entity under the Local Assistance Competitive Grants Program~ and WHEREAS, in accordance with the Fiscal Year 2001 Competitive Grants Program Request for Proposals, it is required that a Resolution Authorizing the Submission of a Grant Application be received from all localities party to a grant proposal. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to submit, on behalf of the City of Virginia Beach, an application for a grant in the amount of $53,412 from the Chesapeake Bay Local Assistance Department, Department, for implementation, and to enter into a grant agreement with the the purpose of continuing local program and for the development of a regional BMP evaluation and enhancement plan to help meet Chesapeake Bay watershed development review and approval requirements (the "Project"); 32 33 34 35 36 37 38 39 4O 41 42 BE IT FURTHER RESOLVED: That if the grant is awarded, the City of Virginia Beach hereby agrees to provide local matching funds in an amount up to the amount of the grant for a total Project cost of $119,644; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That if the City of Virginia Beach subsequently elects to cancel this Project, the City hereby agrees to reimburse the Chesapeake Bay Local Assistance Department for the total amount of the funds expended by the Department through the date the Department is notified of such cancellation. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of Mar~h , 2000. 45 46 47 48 49 50 51 52 CA-00-7622 wmm/ordres/baygrant.res R-1 February 23, 2000 APPROVED AS TO CONTENTS: Planning Department 53 54 55 APPROVED AS TO LEGAL SUFFICIENCY / Law Department 2 - 24 - Item IV-L2. RESOLUTIONS ITEM # 46342 Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council ADOPTED: Resolution re location, alignment and design of Elbow Road Extended- Phase HAND Indian River Road - Phase VII; and, requesting Virginia Department of Transportation (VDOT) proceed with final design of AL TERNA TIVE II for these two vital highway improvement projects. Voting: 9-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. and Vice Mayor William D. Sessoms, Jr. March 7, 2000 RESOLUTION APPROVING THE LOCATION AND REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO DESIGN ELBOW ROAD EXTENDED - PHASE II (CIP 2-152) AND INDIAN RIVER ROAD - PHASE VII (CIP 2-256) WHEREAS, a Location Public Hearing was conducted on July 14, 1999, in the City of Virginia Beach by representatives of the Commonwealth of Virginia, Department of Transportation (VDOT), after due and proper notice for the purpose of considering the proposed location of Elbow Road Extended - Phase II (CIP 2-152/VDOT #U000-134-146, PE 101, RW201, C501) project and the Indian River Road - Phase VII (CIP 2-256/VDOT #U000-134- 147, PE101, RW201, C501) project in the City of Virginia Beach, at which hearing drawings and other pertinent information were made available for public inspection in accordance with state and federal requirements; WHEREAS, all persons and parties in attendance were afforded full opportunity to participate in said public hearing; WHEREAS, representatives of the City of Virginia Beach were present and participated in said hearing; WHEREAS, the City Council of the City of Virginia Beach has previously requested the Department to program these projects; and WHEREAS, the City Council had considered all such matters; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, 1. That the Council of the City of Virginia Beach hereby approves Alternative 2, as presented at the Location Public Hearing and described in documents presented to the City Council as the preferred roadway alignment for the Elbow Road Extended - Phase II and Indian River Road - Phase VII highway projects. 2. That the Council of the City of Virginia Beach requests that the Virginia Department of Transportation proceed with final design for these two vital highway improvement projects. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 day of ~larch, 2000. CA7560 ORDIN/NONC ODE/ELBO.INDIANVR.RE S R-2 DECEMBER 20, 1999 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Public Works City Attorney s Office ELI z MJ.S. LOCAT!ON~MAP FOR E.L_B_OW~ 'ROAD~ EXTENDED / PHASE II/ / (CiP :~-152 ) PREPARED BY P/W ENG. DRAFT. 01-DEC-1999 PR )POSED LOCATION OF iNDIAN RI VII LOCATION MAP FOR INDIAN RIVER ROAD PHASE Vii (CIP 2-256 ) SCALE: 1" -- 2000' M.J.S. PREPARED BY PAN' ENG. DRAFT. 01-DEC-1999 ~CL. LCd £-I· Item IV-J. - 25 - ITEM # 46343 PLANNING 1. 7-ELEVEN, INC. f/k/a THE SO UTHLAND CORPORA TION CONDITIONAL USE PERMIT 2. COLLETT PROPERTIES, INC. AND COLLETT CHESAPEAKE PARTNERS, L.L.C. COLLETT PROPERTIES, INC. CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING March 7, 2000 Item IV-J. 1. PLANNING - 26- ITEM # 46344 Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council ADOPTED an Ordinance upon application of 7-ELEVEN, INC., t/k/a The Southland Corporation for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF 7-ELEVEN, INC. f/k/a THE SOUTHLAND CORPORATION FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE SER VICE (FUEL SALES) IN CONJUNCTION WITH A CONVENIENCE STORE R03003023 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of 7-Eleven, Inc., f/k/a The Southland Corporation for a Conditional Use Permit for automobile service (fuel sales) in conjunction with a convenience store on certain property located at the southeast corner of Diamond Springs Road and Wesleyan Drive (GPIN # 1468-44-3633; #1468-44-8504). Said parcel contains 1.1 acres. DISTRICT 4 - BAYSIDE The following conditions shall be required: The proposed convenience store and gas pumps shall be developed in substantial accordance with the site plan entitled "Preliminary Site Plan for 7-Eleven Food Store, are the Southeast Corner of Diamond Springs Road and Wesleyan Drive ", dated December 15, 1999, and prepared by Waterway Surveys and Engineering, Ltd. ......... :~- No permanent structure shall ~e constructed within ten feet (109 of the existing right-of-way fine of Diamond ~pring, Road Landscape plan~ng and a monument- s~le sign may be installed within this area. The structure located on Wesleyan Parcel A-4 (the subject site) shall be constructed of at least one of the primary exterior building materials and employ at least one of the primary colors used on the principal structure constructed on Parcel A. The applicant shall construct the proposed gas pumps and convenience store in accordance with the elevations entitled "7- Eleven, Diamond Springs Road and Wesleyan Drive, Virginia Beach, Va. ", prepared by URS Greiner Woodard Clyde and on file with the Department of Planning. Furthermore, the applicant shall make every effort to ensure that the brick utilized in the development of this site will be of the same type and color being utilized for the Food Lion grocery store and associated commercial/retail buildings. 4. The conditional use permit is approved for no more than four (4) gas pumps (8fueling stations). Development of the site shall not commence until such time that an approved Storm Water Management Plan and/or site plan has been approved by the Development Services Center. March 7, 2000 Item IV-J. 1. PLANNING -27- ITEM # 46344 (Continued) This Ordinance shall be effective in accordance with Section 107 (19 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventh of March, Two Thousand Voting: 9-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: William ~. Harrison, Jr. and Vice Mayor William D. Sessoms, Jr. March 7, 2000 Item IV-J.2. - 28- PLANNING ITEM # 46345 The following spoke in SUPPORT: Attorney R. J. Nutter, 4425 Corporation Lane, Phone: 518-3200, represented the applicant and advised the site for the proposed LOWES has been revised moving the BMP adjacent to the City 's pump station, the 613 parking spaces can be held and the three pedestiran walkways can be provided subject to review. The landscaping can be increased to obtain 22, 794 square feet of landscaping over and above the current City requirements. Mr. Nutter distributed petitions with over 1,000 signatures in SUPPORT, which are hereby made a part of the record. Kevin A. Dibona, 641 E. Lynn Shores Circle, Phone: 340-2992, President - Commercial Real Estate Council, subsidiary of the Tidewater Association of Realtors. The following spoke in OPPOSITION: Attorney Carl Eason, 1100 One Columbus Center, Phone: 497-6633 Joe Taylor, Vice President - Taylor's Do-It Centers, 601 Neval Road, Phone: 491-9000 A motion was made by Councilman Branch, seconded by Councilman Weeks, to ADOPT Ordinances upon application of COLLETT PROPERTIES, INC. AND COLLETT CHESAPEAKE PAR TNERS, L.L. C. AND COLLETT PROPERTIES, INC. for Conditional Changes of Zoning: ORDINANCE UPON APPLICATION OF COLLEIT PROPERTIES, INC. AND COLLETT CHESAPEAKE PARTNERS, L.L.C FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TION FR OMB-2 to CONDITIONAL B-2 Ordinance upon application of Collett Properties, Inc. and Collett Chesapeake Partners, L.L.C. for a Change of Zoning District Classification from B-2 Community Business District to Conditional B-2 Community Business District on certain property located at the southeast intersection of Virginia Beach Boulevard and Parker Lane (GPIN #1497- 84-3948, #1497-84-5907, #1497-84-7994, #1497-85-6190, #1497-85- 8140, #1497-85-9152, #1497-95-0152, #1497-95-0050). The proposed zoning classification change to Conditional B-2 is for community business land use. The Comprehensive Plan recommends use of this parcel for retail, office and other compatible uses in accordance with other Plan policies. Said parcel contains 3.481 acres. BEACH-DISTRICT6. AND, ORDINANCE UPON APPLICATION OF COLLETT PROPERTIES, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-1 TO CONDITIONAL B-2 Ordinance upon application of Collett Properties, Inc. for a Change of Zoning District Classification from I-1 Light Industrial District to Conditional B-2 Community Business District on certain property located on the east side of Parker Lane beginning at a point 150feet more or less south of Virginia Beach Boulevard (GPIN #1497-84_385 5, #1497-84-8654, #1497-84-5907, #1497-84-7994). The proposed zoning classification change to Conditional B-2 is for community business land use. The Comprehensive Plan recommends use of this parcel for light industrial business parks and other compatible uses. Said parcel contains 8.433 acres. BEACH- DISTRICT6. Councilman Branch was appalled relative some of the development on Virginia Beach Boulevard and requested Robert Scott, Director of Planning, and staff provide a plan for this section of Virginia Beach Boulevard (London Bridge area) eastward. There are only disjointed uses in this area. March 7, 2000 Item IV-J.2. - 29- PLANNING ITEM # 46345 (Continued) Voting: 4-5 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Barbara 3/1. Henley "Don" Weeks and A. M. Council Members Voting Nay: Margaret L. Eure, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: William W. Harrison, Jr. and Vice Mayor William D. Sessoms, Jr. March 7, 2000 Item IV-K. 1. APPOINTMENTS B Y CONSENSUS, City - 30- ITEM # 46345 Council RESCHEDULED the following APPOINTMENTS: BOARD OF BUILDING CODE APPEALS FRANCIS LAND HOUSE BOARD OF GOVERNORS HEAL TH SER VICES AD VISOR Y BOARD VIRGINIA BEACH CRIME TASK FORCE WETLANDS BOARD March 7, 2000 Item IV-M. - 31 - NE W BUSINESS ITEM # 46346 BY CONSENSUS, City Council ACCEPTED: ABSTRACT OF CIVIL CASES RESOLVED- FEBRUARY 2000 March 7, 2000 - 32- Item IV-N. ADJOURNMENT ITEM # 46347 i Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 3:35 P.M. BeverlfO. Hooks, CMC Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia March 7, 2000