HomeMy WebLinkAboutFEBRUARY 27, 2001 MINUTESCit
CITY COUNCIL
MAYOR MEYERA E OBERNDORE At-Large
VICE MAYOR WILLIAM D SESSOMS, JR, At-Large
LINWOOD 0 BRANCH, 1II, Beach -Dtstrtct 6
MARGARET L EURE, Centervtlle -Dtstrtct 1
WILLIAM W HARRISON, JR, Lynnhaven - Dt ~trtct 5
BARBARA M HENLEY, Prtncess Anne -Dtstrtct 7
LOUIS R JONES, Baystde -Dtstrtct 4
REBA S McCLANAN, Rose Hall -Dtstrtct 3
ROBERT C MANDIGO, JR, Kempsvtlle -Dtstrtct 2
NANCY K PARKER, At-Large
ROSEMARY WILSON, At-Large
JAMES K SPORE, Ctty Manager
LESLIE L LILLEE Ctty Attorney
RUTH HODGES-SMITH, MMC, Ctty Clerk
of Vir inia Beach
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEA CH, VIRGINIA 23456-9005
PHONE (757) 427-4304
FAX (757) 426-5669
EMAIL Co'cncl@ctty vtrgmta-beach va us
February 27, 2001
I. BRIEFING
- Conference Room-
2:00 PM
A,
REAL ESTATE ASSESSMENTS [30 Min.]
Jerald D. Banagan, Real Estate Assessor
II. CITY COUNCIL DELIBERATION
A MAJOR PROJECTS - Choices and Funding
III.
REVIEW OF AGENDA ITEMS
IV. CITY COUNCIL COMMENTS
V. INFORMAL SESSION
- Conference Room-
4:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
Citizens may register to address City Council for a limited time on any item on the
Formal Council Agenda. Speakers may register immediately prior to
the meeting or, in advance, by calling the City Clerk's Office at 427-4303.
VI. FORMAL SESSION
- Council Chamber-
6:00 PM
A. CALL TO ORDER- Mayor Meyera E. Oberndorf
B. INVOCATION:
Reverend James M. Downing
All God's Children Community Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F MINUTES
lo
INFORMAL & FORMAL SESSIONS
SPECIAL FORMAL SESSION
February 13,2001
February 20, 2001
G. AGENDA FOR FORMAL SESSION
The Consent Agenda wdl be determtned during the Agenda Review Session and constdered
tn the ordmary course of business by Ctty Counctl to be enacted by one motion.
H. PUBLIC HEARINGS
o
CHANGES IN POLLING PLACES
Aragona and Bays~de Precincts
(D~stnct 4- Bayslde)
o
"EXCESS CITY-OWNED PROPERTY": Nlmmo Parkway (formerly Ferrell Pkwy)
(District 7 - Princess Anne)
,
"EXCESS CITY-OWNED PROPERTY": Lotus Garden Farms Property
(District 7 - Pnncess Anne)
I. ORDINANCES/RESOLUTION
Ordinance to AMEND and REORDAIN § 10-1 of the City Code re Election Precincts and
polling places:
Aragona Precinct -
Bayslde Precinct -
Kemps Landing Magnet School
Bayside Elementary School
2. Ordinances re temporary encroachments:
a.
Into the City's 25' utlhty easement which crosses the front portion of 2413 Whaler
Court for JOHN T. ATKINSON, re constructing and maintaining a garage
(DISTRICT 5 - LYNNHAVEN)
b.
Into the City's right-of-way by MATTHEW B. and NANCY B. WALKER re
constructing and maintaining a porch, steps, walkway and retention walls at 87th
Street and a block wall at 8610 Ocean Front Avenue (DISTRICT 5 - LYNNHAVEN)
Co
Into a portion of the City's nght-of-way of Piedmont Circle and a portion of Crab
Creek to SHORE VENTURES ASSOCIATES, LLC, (Modification to Previous
Approval of October 24, 2000) re constructing and maintaining an access pier, pier
and proposed finger piers (DISTRICT 4 - BAYSIDE)
do
Into the City's 70' drainage easement for OLYMPIA BENDIX, LCC on the west
side of Bendix Road, south of Bonney Road, adJacent to 1-264, re constructing and
maintaining parking areas, dumpster pads and drainage facilities (DISTRICT 3 -
ROSE HALL)
.
Ordinance to APPROPRIATE $206,000 from the Fire Programs fund balance and $3,000
from the Fire Education Gift Fund to the FY-2000-01 operating budget of the Fire
Department re public safety and computer equipment.
.
Ordinance to APPROPRIATE $111,504 from the Virginia Beach Community Development
Corporation (VBCDC) in HOME program income to the FY 2000-01 operating budget of
the Department of Housing and Neighborhood Preservation re housing for low income
families.
.
Ordinance to TRANSFER $850,000 from various projects within the FY 2001-2006 Capital
Improvement Program (CIP) to Kempsville Meadows Elementary School replacement
project.
,
Resolution re apphcatlon to the Commonwealth Transportation Board for designation of
the segment of Sandbndge Road between New Bridge Road and Sandfiddler Road as a
Virginia Byway (DISTRICT 7 - PRINCESS ANNE) (Requested by Council Lady Barbara
Henley)
7. REFUNDS:
ao
License - $17,278.66
Tax - $ 2,441.90
J. PLANNING
PLANNING BY CONSENT - To be determined dunng the Agenda Review Session.
Ordinances to declare parcels of city-owned land EXCESS PROPERTY; and, authorize
the City Manager to convey same to the United States of America, administered by the
U. S. Fish and Wildlife Service as part of the Back Bay National Wildlife Refuge, in
accordance with definitive agreements pursuant to the Memorandum of Understanding
(DISTRICT 7 - PRINCESS ANNE):
Existing right-of-way for Nimmo Parkway (formerly Ferrell Parkway), which lies
east of Atwoodtown Road, just west of the right-of-way intersection with Sandbridge
Road, containing approximately 17,78175 acres
bo
23.6 acres off Lotus Drive, known as the Lotus Garden Farms Property (Parcels
B-2 and B-3-A)
.
.
.
.
.
.
o
Petition of the CITY OF VIRGINIA BEACH for the chsconttnuance, closure and
abandonment of the public right-of-way for Nimmo Parkway (formerly known as Ferrell
Parkway) beginning at Atwoodtown Road right-of-way to a point just west of the right-of-
way's ~ntersectlon with existing Sandbndge Road, containing 750,000 square feet
(DISTRICT 7 - PRINCESS ANNE)
Staff Recommendation:
Planning Commission Recommendation:
APPROVAL
DENIAL
Application of BILLY W. CHAPLAIN for a bulk storage yard on the west side of
Washington Avenue beginning at a point 140' more or less south of Virginia Beach
Boulevard (849 and 853 Virginia Beach Boulevard) (DISTRICT 6 - BEACH):
ao
Change qf Zontng Dtstrtct Classtficatton from A-12 Apartment Dtstrtct and RT-3
Resort Tourtst Dtstrtct to Condtttonal B-2 Communt~_ Bustness Dtstrtct, containing
23,850 square feet.
b. Condtttonal Use Permtt, containing 19,000 square feet.
Deferred:
Staff Recommendation:
Planning Commission Recommendation:
February 13,2001
DENIAL
APPROVAL
Applications of RH BUILDERS, INC. on the south side of Shore Drive west of
Northampton Boulevard (4625 Shore Drive), containing 3.07 acres (DISTRICT 4 -
BAYSIDE):
Change qf Zomng Dtstrtct Classtficatton (COZ) from B-2 Commerctal Bustness
Dtstrtct to 0-2 Office Dtstmct
b. Con&aonal Use Permtt re houstngfor semors
Recommendations:
APPROVAL
Application of CH&B ASSOCIATES, L.L.P., for a Change qf Zontng Dtstrtct
Classtficatton (COZ) fromA-12 Apartment Dtstrtct to Condtttonal 0-2 Office Dtstrtct on the
west side of Nelms Lane, north of Virginia Beach Boulevard (325 Nelms Lane), containing
22,651 square feet (DISTRICT 2 - KEMPSVILLE)
Staff Recommendation:
Planning Commission Recommendation:
DENIAL
APPROVAL
Application of TALC/NEWTOWN ASSOCIATES for a Condtaonal Use Permtt for a self-
storagefacth~_ on the north side of Newtown Road, west of Broad Meadows Boulevard (909
Newtown Road), containing 29,620.8 square feet. (DISTRICT 4 - BAYSIDE)
Staff Recommendation:
Planning Commission Recommendation:
APPROVAL w/different conditions
APPROVAL
Application of MATTHEW D. FINE for a Condtttonal Use Permtt for aself-storagefacth~_
on the west side of Baker Road, north of Newtown Road, containing 2.44 acres. (DISTRICT
2 - KEMPSVILLE)
Recommendation:
APPROVAL
Application of CHARLES G. BARKER for a Condtttonal Use Permtt for motor vehtcle
repatrs at the northwest comer of Bonney Road and North Kentucky Avenue, containing
1.471 acres (DISTRICT 3 - ROSE HALL)
Recommendation: APPROVAL
.
10.
11.
Application ofKENNETIt A. HALL for a Condtttonal Use Permtt for motor vehtcle sales
and servtce at the northeast comer of Holland Road and Diana Lee Drive (3496 Holland
Road), containing 4.218 acres (DISTRICT 3 - ROSE HALL)
Recommendation:
APPROVAL
Application of HALL TIDEWATER LTD. PARTNERSHIP for a Conchttonal Use Permtt
for motor vehtcle sales and servtce at the northwest comer of Virglma Beach Boulevard and
Cranston Lane (3204 Virginia Beach Boulevard), containing 1.634 acres (DISTRICT 5 -
LYNNHAVEN)
Recommendation:
APPROVAL
Apphcatlon of YMCA OF SOUTH HAMPTON ROADS for a Conditional Use Permit for
an indoor recreatton center (butldtng expanston) on the north side of Lask~n Road (1536
Laskin Road), containing 2.17 acres (DISTRICT 5 - LYNNHAVEN)
Recommendation:
APPROVAL
Ko
APPOINTMENTS
COMMUNITY SERVICES BOARD
FRANCIS LAND HOUSE BOARD OF GOVERNORS
THE PLANNING COUNCIL
VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
SCHEDULE: RESOURCE MANAGEMENT PROCESS
I Topic Location Date/Tune
C~ty Manager's Proposed FY 2001-02 Resource Management Plan Presentation March 27th
Counctl Chamber
Econormc V~tahty/Safe Commumty/Pohcy & Decision Support Workshop Conference Room April 3ra
Quahty Education for L~fettme Learning Workshop Conference Room April l0th
Proposed FY 2001-02 Resource Management Plan Pubhc Hearing April 12th
To Be Announced
Quahty Physical Enmronment/Operat~onal Support Workshop Conference Room April 17th
Cultural & Recreational Oppormmt~es/Famfly Youth Opportumt~es Workshop Conference Room April 24th
Proposed FY 2001-02 Resource Management Plan Pubhc Hearing 2PM April 24th
Counctl Chamber
Reconcd~at~on Workshop Conference Room May 8th
Resource Management Plan Councd Chamber May 15th
If you are physically disabled or visually impaired and need assistance at th~s meeting,
please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call TDD only 427-4305
(TDD - Telephomc Devine for the Deaf)
02/23/01BAP * * * * * * * * * *
AGENDA\02-27-01 PLN
www wrgmla-beach va us
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virg~ma Beach, V~rg~nia
February 27, 2001
Mayor Meyera E Oberndorf called to order the CITY COUNCIL DELIBERATION of MAJOR
PROJECTS tn the Counctl Conference Room, City Hall Butl&ng, on Tuesday, February 2 7, 2001, at 2 O0
PM
Counctl Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley,
Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D
Sessoms, Jr and Rosemary Wtlson
Counctl Members Absent
Wtlham W Harrison, Jr
[ENTERED 2 25 P M ]
In order for certatn Members of Ctty Council to attend, the funeral of Bobby Wartng, the Agenda was
rearranged
-2-
CITY M/INA GER 'S BRIEFING
M/IJOR PROJECTS - Choices and Funding
2:00 P.M.
ITEM # 4 7777
Mayor Oberndorf dtstrtbuted ajotnt letter from Vtce Mayor Sessoms and herself Satd letter ts hereby made
a part of the record
"Members of Counctl
Dear Counctl Members
RE Major ProJects Recommendattons
"After a tremendous amount of chscusston, debate, and pubhc tnput, Ctty Counctl ts
drawtng to a close on the dtscusston of the major projects posstbtltttes We need to brtng
a proposal forward to asstst the Ctty Manager tn developtng the upcomtng budget After
dtscussmg thts, we both agree we should provtde a recommendation to help wtth Counctl's
dectston maktng on these projects so tmportant to our ctttzens
Our recommendatton ts that we fund the demohtton and reconstructton of the
Pavthon, at the extsttng stte, at a total cost of $193-MILLION In so doing, we wtll commtt
to replace the performance theater now tn the Pavthon, and wtll do so only followtng
extenstve pubhc tnvolvement Although thts facthty can eastly cost between $15 and $45-
MILLION, we do have the potenttal of a prtvate sector partner wtth a more expenstve
facthty, and our suggestton ts that we provtde up to $20-MILLION for thts theater We wtll
resolve the concept and the placement through an extenstve pubhc comment process, but
these two projects combtned, the Pavthon replacement and the new theater, total $213-
MILLION
The Vtrgtnta Martne Sctence Museum was ortgtnally butlt for educattonal purposes
and for our ctttzens to enjoy It conttnues to provtde our communtty wtth a museum
expertence that ts one of the most vtstble cultural attracttons tn the country I know Councd
shares our prtde tn thts landmark facthty The proposed Phase lII Expanston offers Vtrgmta
Beach a great opportuntty to conttnue to develop thts educattonal and cultural asset for the
Ctty, whtch would enable tt to shtne as one of the top ten museums tn the country
Unfortunately, the Phase III Expanston does not have a defintte stte, and ts not tmmedtatelv
affordable wtthtn the context of other prtortttes before the City at thts ttme Therefore, we
do not recommend plactng the Phase III Expanston tn the FY 2002 Capttal Improvement
Program However, because of the current success of the extsttng Museum, there ts a need
to tncrease the avadable parktng As a result we recommend that $3-MILLION be budgeted
tn FY 2002for stte acqutsttton and development
We also suggest fundmg of the Open Space program at a total of $50-MILLION whtch
tncludes $30-MILLION tn debt and $20-MILLION tn pay-as-you-go (PGO) fundtng
These projects brtn$ the packase to a total of
COST IN MILLIONS
Descrlptton of ProJect Debt PGO State Grants Total
Pavthon/Theater $ 203 -- $ 10 $ 213
VMSM Stte Acqutsttton 3 -- - 3
Open Space 30 20 50
TOTAL $ 236 $ 20 $ 10 $ 266
Thts combtned package of proJects wtll brtng us to a total o.f$236-MILLION in debt,
whtch wtll requtre fundtng at the level of 2 1/2% the hotel tax, 1% on the meal tax and 5¢
on the cigarette tax.
We beheve these projects wtll help to sttmulate bustness throughout the Ctty and
retnforce Counctl's emphases on quahty of hfe for our restdents and vtsttors Thts ts very
much tn keeptng wtth the dtscusston and vtston of Ctty Counctl, and we offer tt for your
constderatton as our dtrectton from Ctty Counctl to the Ctty Manager for mcluston tn the
upcomtng proposed budget
Stncerely,
s/Meyera E Oberndorf
Mayor
s/Wtlham D Sessoms
Vice Mayor"
February 27, 2001
-3-
CITY M/INAGER'S BRIEFING
MAJOR PROJECTS - Choices and Funding
ITEM # 47777 (Continued)
Counctlman Branch referenced ttems whtch the revenue scenarto should tnclude If the Ctty ts able to
construct the Theater and have hve patd performances tn addttton to communtty events, the admission taxes
of thts facthty could be approachtng SI-MILLION or more Thts would benefit the fundtng plan
Counctlman Branch beheves the Ctty ts gotng to review land acqutsttton across Ntneteenth Street (property
ts for sale) for posstble utthzatton by the Pavthon, however, he was concerned about land development
whtch mtght occur around the facthty as the land ts zoned RT-3 Concernmg future parking needs of the
facthty, land banktng mtght be constdered tn the 19th Street Corridor At one time, there was dtscusston of
a phystcal hnk between the Pavthon and the Oceanfront The present status does not lend ttself to a
pedestrtan frtendly envtronment All elements should be included tn the plan prtor to movtngforward
Counctl Lady Wtlson was supporttve of the Mayor and Vice Mayor and concurred wtth Counctlman Branch's
comments relattve land acqutsttton and a physical hnk between the Pavthon and Oceanfront
Counctl Lady McClanan expressed concern and advised the City staff needs to adhere to the City Counctl's
dtrectton Dtscusston relative the locatton and the communtty performtng arts theater should rematn open
Land tn otherporttons of the Ctty mtght be more accesstble and more reasonable Counctl Lady McClanan
advtsed proceedtng wtth cautton and wtshed to be gtven revised and spectfic cost figures regardtng the
Pavilion.
Vtce Mayor Sessoms advtsed a Commtttee should be appotnted to tnclude those who have utthzed the
Pavthon Theater for a number of years t e Vtrgtnta Beach Symphony Orchestra - Maestro Davtd Kunkel
Mayor Oberndorf advtsed an Internattonal Mustc Festtval ts betng scheduled for February 2003 conststtng
of the Stster Ctttes of Mtyazakt, Japan, Moss, Norfolk, Bangor, Northern Ireland and Vtrgtnta Beach The
Pavthon Theater ts anttctpated to be utthzed for this Quad &ster City event
Counctl Lady Henley cauttoned agatnst planntng tncluston of State Grants unttl the "dust" has settled from
the General Assembly Thts would be just a starttng potnt for dtscusston
Mayor Oberndorf advtsed on the nattonal level under Parks, the Land and Water Conservatton Fund and
the Urban Park and Recreatton Recovery Program, tf fully funded, would create $1.2-BILLlON from the
Offshore Otl- and Gas- Well Fees, whtch could be equally dtvtded between the federal, state and local
governments Mayor Oberndorf wtll be observtng thts closely tn connection wtth the Open Space program
Counctl Lady Parker tnqutred relattve the estabhshed fundtng stream Informatton contatned tn the January
19'h correspondence reflected lower amounts on the hotel, meal and ctgarette taxes Thts earher
correspondence had dtverston of extsttng General Fund montes to fund the projects tn addttton to the taxes
Counctlman Mandtgo commented relattve the Pavilion Theater and stated there ts an extsttng 300-seat
theater at the Kempsville Recreation Center whtch ts under utthzed There may be an opportuntty to
expand thts theater to 900 or 1,000 seats at a stgmficantly less cost than deptcted at the Pavilion. If the City
ts tnterested tn developtng a theater whtch wtll requtre admtsston and compete wtth extsttngfacthttes tn the
regton, then thts concept wtll be dtfferent from the Pavilion Theater whtch has been prtmartly utthzed for
communtty acttvtttes Extenstve pubhc comment wtll be necessary
Councilman Jones was assured stte acqutsttton with relatton to the Vtrgtnta Martne Sctence Museum
referred only to purposes for an expanded parktng area
Counctl Lady Eure was advtsed sewer and infrastructure wtll still be accomphshed The Theater ts
absolutely necessary The Ctty Manager advtsed Stumpy Lake was encompassed tn the Open Space Plan
of approxtmately $50-MILLION Counctl Lady Eure had concerns relattve the indebtedness The Ctty
Manager wtll provtde detatls Counctl Lady Eure advised the Virginia Marine Science Foundation met this
mormng and was looktngforward to seetng tf there were changes tn the expanston proposal
Patrtcta Phtlhps, Dtrector of Ftnance, advised the total Open Space program is $50-MILLION The tax rate
reflects the fact that a portton of these funds are already tn the Capttal Improvement Program (CIP)
Vtce Mayor Sessoms advtsed the Virginia Marine Science Museum debt was assumed by bonds (ortgtnally
Revenue and then General Obhgatton) The taxpayers tn Vtrgtnta Beach are paytngfor the bonds utthzed
for the Museum's constructton
February 27, 2001
-4-
CITY M/INA GER 'S BRIEFING
M/IJOR PROJECTS - Choices and Funding
ITEM # 47777 (Continued)
Counctl Lady Henley referenced the Ctty's Ftnanctal Advtsor had advised approxtmately $250-MILLION
tn debt could be undertaken without threatemng the Ctty's bond rattng Thts should be a major part of
Counctl's dectston
The Ctty Manager advtsed the debt would not be tssued at one ttme, but over a pertod of years There would
be sunset provtstons on the hotel and meal taxes
Counctl Lady McClanan expressed concern relative the drainageprojects She &d not concur wtth cleantng
the sides and tops of the banks allowtng the se&ment to run back down tnto the &tches Counctl Lady
McClanan wished to be advised relattve projects tn older netghborhoods (Lynnhaven Colony and Lake
Tran0 whtch had been stopped and would be included tn the Ctty's new drainage tnfrastructure project
Counctl Lady McClanan requested clartficatton The Ctty Manager wtll provtde a hstmg of Stormwater
projects tn the Capttal Improvement Program, anttctpated to be accomphshed as well as the newproposals
The hst shall also contatn operatton and mamtenance costs Council Lady Wtlson was advtsed the
Stormwater Management Fee ts a charge based on actual runoff that ts generated from a parttcular
property, tn effect, a charge for servtces
Counctlman Man&go referenced the dratnage problems of Fatr Meadows tn Kempsvtlle Last Friday,
February 23, 2001, Counctlman Man&go, Dean Block -Dtrector of Pubhc Works, the Ctty Arbortst, and
other Ctty representattves, met wtth the Civic League Prestdent and another concerned netghbor Thts
netghborhood has had a dratnage problem for twenty (20) years A contract to address all the dratnage
tssues tn thts netghborhood ts bemgprepared for Bid The dratnage swales were blocked Thts ts bemg very
well planned
A Resolutton shall bepreparedfor the City Counctl agenda relattvefun&ng of the selected majorprojects
(Pavilion, Open Space, Virginia Marine Science Museum Parking).
The Ctty Manager advtsed the tncreased fees for stormwater and utthttes were tncluded tn the total $236-
MILLION proposed debt These accounts are enterprtse funds
February 27, 2001
-5-
AGENDA RE VIEW SESSION
2:53 P.M.
ITEM # 4 7778
I I Ordtnance toAMEND andREORDAIN 3~10-1 of the Ctty Code
re Electron Prectncts and polling places (DISTRICT 4 -
BA YS[DE) :
Aragona Prectnct - Kemps Lan&ng Magnet School
Baystde Prectnct - Baystde Elementary School
Thts stem wtll be voted on after its Pubhc Heartng, as the Consent Agenda wtll be voted upon prtor to the
Pubhc Heartngs
ITEM # 4 7779
15
Or&nance to TRANSFER $850, O00 from vartous projects wtthtn
the FY 2001-2006 Capital Improvement Program (CIP) to
Kempsville Meadows Elementary School replacement project
Councd Lady Parker questtoned why funds are sttll avadable in the Prtncess Anne Htgh School Ftre
Account Catheryn Whttesell, Dtrector- Management Servtces, advtsed every year during the Capttal
Improvement Program process, all the old accounts are revtewed Some trines tt takes a long time for all the
accounttng and btll paytng efforts to occur Therefore, a project such as thts one may not get completely
"swept clean" for as much as five years
ITEM # 4 7780
16
Resolutton re apphcatton to the Commonwealth Transportation
Board for destgnatton of the segment of Sandbrtdge Road
between New Brtdge Road and Sandfiddler Road as a Virginia
Byway (DISTRICT 7 - PRINCESS ANNE) (Requested by Counctl
Lady Barbara Henley)
Counctl Members Eure and McClanan wtll vote a VERBAL NAY on thts ttem Counctlman Jones wtll
ABSTAIN.
ITEM # 4 7781
BY CONSENSUS, the followtng shall compose the CONSENT AGENDA:
ORDINANCES/RES OL UTION
12 Ordtnances re temporary encroachments:
Into the Ctty's 25' utthty easement which crosses the front
portton of 2413 Whaler Court for JOHN T. ATKINSON, re
constructtng and matntatntng a garage (DISTRICT 5 -
L YNNHA VEN)
Into the Ctty's rtght-of-way by MA TTHEW B. and NANCY B.
WALKER re constructtng and matntatntng a porch, steps,
walkway and retention walls at 87n Street and a block wall at
8610 Ocean Front Avenue (DISTRICT 5 - L YNNHA VEN)
Into a portton of the Ctty's rtght-of-way of Ptedmont Ctrcle and
a portton of Crab Creek to SHORE VENTURES ASSOCIA TES,
LLC, (Modification to Prevtous Approval of October 24, 2000)
re constructtng and matntatntng an access pter, pier and
proposed finger pters (DISTRICT 4 - BA YSIDE)
Into the Ctty's 70' dratnage easement for OLYMPIA BENDIX,
LCC on the west stde of Benchx Road, south of Bonney Road,
adJacent to 1-264, re constructtng and matntatntng parktng
areas, dumpster pads and dramage facthttes (DISTRICT 3 -
ROSE HALL)
February 27, 2001
-6-
AGENDA RE VIEW SESSION
ITEM # 4 7781 (Continued)
13
Ordtnance to APPROPRIATE $206, O00 from the Ftre Programs
fund balance and $3,000 from the Ftre Educatton Gtft Fund to
the FY-2000-O1 operattng budget of the Ftre Department re
pubhc safety and computer eqmpment
14
Ordtnance to APPROPRIA TE $111,504from the Vtrgtnta Beach
Communtty Development Corporatton (VBCDC) tn HOME
program tncome to the FY 2000-01 operattng budget of the
Department of Houstng and Neighborhood Preservatton re
housing for low income families.
J5
Ordtnance to TRANSFER $850, O00 from vartous projects within
the FY 2001-2006 Capital Improvement Program (CIP) to
Kempsville Meadows Elementary School replacement project
J6
Resolution re apphcatton to the Commonwealth Transportation
Board for destgnatton of the segment of Sandbrtdge Road
between New Bridge Road and Sandfiddler Road as a Virginia
Byway (DISTRICT 7 - PRINCESS ANNE) (Requested by Counctl
Lady Barbara Henley)
J. 7. REFUNDS
a Ltcense- $17,278.66
b Tax - $ 2,441.90
Council Members Eure and McClanan wtll vote NAY on Item 1 6
Counctlman Jones will ABSTAIN on Item 16
February 27, 2001
-7-
AGENDA RE VIE W SESSION
ITEM # 4 7782
J2 Petttton of the CITY OF VIRGINIA BEACH for the
chsconttnuance, closure and abandonment of the pubhc rtght-of-
way for Nimmo Parkway (formerly known as Ferrell Parkway)
begtnntng at Atwoodtown Road rtght-of-way to a potntjust west
of the rtght-of-way 's tntersectton wtth extsttng Sandbrtdge Road,
contatntng 750,000 square feet (DISTRICT 7 - PRINCESS
ANNE)
Asststant Ctty Attorney Wtlham Macah advtsed thts ttem should be voted on prtor to
J1
Or&nances to declare parcels of ctty-owned land EXCESS
PROPERTY; and, authortze the Ctty Manager to convey same
to the Untted States of America, admtmstered by theU. S. Fish
and Wildlife Service as part of the Back Bay Nattonal Wtldhfe
Refuge, tn accordance wtth defintttve agreements pursuant to the
Memorandum of Understanding (DISTRICT 7- PRINCESS
ANNE)
Extsttng right-of-way for Nimmo Parkway (formerly Ferrell
Parkway), whtch hes east of Atwoodtown Road, just west of the
rtght-of-way tntersectton wtth Sandbrtdge Road, contatntng
approxtmately 17, 78175 acres
23 6 acres off Lotus Drtve, known as the Lotus Garden Farms
Property (Parcels B-2 and B-3-A)
Counctl Lady Henley referenced amendment to the Conchttons of the Street Closure The Amended
Ordinance wtth revtsed condtttons was dtstrtbuted to City Counctl
ITEM # 4 7783
d 3 Apphcattons of BILL Y IF. CHAPLAIN re the southwest corner
of Vtrgtnta Beach Boulevard and Washtngton Avenue (Dtstrtct 6
- BEA CH)
Change of Zomng Dtstrtct Classtficattons from A-12 Apartment
Dtstrtct and RT-3 Resort Tourtst Dtstrtct to Con&ttonal B-2
Commumty Bustness Dtstrtct, contatntng 23, 850 square feet
b Condtttonal Use Permttfor a bulk storage yard at 849 and 853
Vtrgtnta Beach Boulevard, contatnmg 19, 000 square feet
Thts ttem wtll be DEFERRED unttl the City Counctl Sesston of March 13, 2001, BY CONSENT
ITEM # 4 7784
Apphcatton of CH&B ASSOCIATES, L.L.P., for a Change o_f
Zontng Dtstrtct Classt_ficatton from A-12 Apartment Dtstrtct to
Concltttonal 0-2 Office Dtstrtct on the west side of Nelms Lane,
north of Vtrgmta Beach Boulevard (325 Nelms Lane), contatntng
22, 651 square feet (DISTRICT 2 - KEMPSVILLE)
Councdman Harrtson wtll ABSTAIN on thts ttem
February 27, 2001
-8-
AGENDA RE VIEW SESSION
ITEM # 47785
J6 Apphcatton of TALC/NEWTOWN ASSOCIATES fora
Condtttonal Use Permtt for a sel_f-storage_facthty on the north
side of Newtown Road, west of Broad Meadows Boulevard (909
Newtown Road), contammg 29, 620 8 square feet (DISTRICT4 -
BA YSIDE)
Concerns were expressed relattve thts ttem Stephen Whtte, Planmng, advised the Planmng Commtsston
dealt with the tssue of screentng the facthty by havmg the apphcant enhance the landscaptng along the
current locatton of the mmt-warehouses The Planning staff beheves the objecttves of the Comprehenstve
Plan for thts are not met wtth the use permtt condtttons as recommended by the Planntng Commtsston The
destgn of the butldtngs, as proposed by the apphcant, wtll not represent the level of quahty tn both destgn
and butldtng materials that ts necessary for conststency wtth the recommendattons of the Comprehenstve
Plan The staff ts recommendmg that Conchtton 1 be replaced wtth the following
The destgn of the butldtngs shall be conststent wtth the photographs
submttted wtth the apphcatton and on file tn the Department of Planntng
wtth the f ollowmg modtficattons (a) the prtmary external butldtng matertal
on all surfaces other than doors to the storage units shah be spht-face
block and (b) the roof shall feature etther a mansard or a parapet wtth a
three-chmenstonal cornice feature or cap Prtor to approval of the detatled
stte plan by the Development Servtces Center of the Department of
Planntng, revtsed butldtng elevations meettng the requtrements of thts
condttton shall be submttted to the Dtrector of Planntng for revtew and
approval
ITEM # 4 7786
J 7 Apphcatton of MATTHEW D. FINE for a Conchttonal Use
Permtt. fora se!f-storage facdtty on the west stde of Baker Road,
north of Newtown Road, contatntng 2 44 acres (DISTRICT 2 -
KEMPSVILLE)
Counctl Lady McClanan wtll vote NAY on this ttem
Counctl Lady Eure referenced condttton No 7 relattve a black wrought tron fence betng tnstalled The fence
ts really alumtnum The condttton shall be amended to reflect "a black wrought tron style fence"
ITEM # 47787
J9 Apphcatton of KENNETH A. HALL for a Conchttonal Use
Permtt for motor vehtcle sales and servtce at the northeast
corner of Holland Road and Dtana Lee Drive (3496 Holland
Road), contatmng 4 218 acres (DISTRICT 3 - ROSE HALL)
Counctl Lady McClanan referenced correspondence relattve dratnage Counctl Lady Mcclanan dtd not
beheve all the dratnage problems were the apphcant 's fault Condttton No 10 has been added to address
thts problem
10
As part of the stte tmprovements, the area between the fences
along the eastern property hne of the subject stte and the
property of the restdenttal dwelhngs along Woodburne Drtve
shall be regraded to provtde postttve dratnage to the bastns
located wtthtn the parktng lot and to the bastns between the
fences The regarded areas shall be stabtltzed, seeded and
matntatned to ensure that the dratnage flows to the bastns as
requtred Landscaptng requtred by Condttton 3 shall be
tntegrated tnto the overall dratnage tmprovements for thts area
February 27, 2001
-9-
AGENDA RE VIEW SESSION
ITEM # 4 7788
BY CONSENSUS, the following shall compose the Planmng By Consent Agenda
,13 Apphcatton of BILLY W. CHAPLAIN on the west stde of
Washington Avenue begtnntng at a potnt 140' more or less south
of Vtrgtnta Beach Boulevard (849 and 853 Vtrgtnta Beach
Boulevard) (DISTRICT 6 - BEACH)
Change of Zomng Dtstrtct Classtficatton from A__a
12 Apartment Dtstrtct and RT-3 Resort Tourtst
District to Condtttonal B-2 CommunttY Bustness
Dtstrtct, contatmng 23, 850 square feet
Condtttonal Use Permtt for a bulk storage yard,
contatmng 19, 000 square feet
d 4 Apphcattons of RHBUILDERS, INC. on the south side of Shore
Drtve west of Northampton Boulevard (4625 Shore Drtve),
contatmng 3 0 7 acres (DISTRICT 4 - BA YSIDE)
Change o_fZontng Dtstrtct Classtficatton from B~-
2 Commerctal Bustness Dtstrtct to 0-2 Office
Dtstrtct
Condtttonal Use Permtt re houstng for semors
Apphcaaon of CH&B ASSOCIATES, L.L.P., for a Change o_f
Zoning Dtstrtct Classtficatton from A-12 Apartment Dtstrtct to
Condtttonal 0-2 Office Dtstrtct on the west stde of Nelms Lane,
north of Vtrgtnta Beach Boulevard (325 Nelms Lane), contatntng
22, 651 square feet (DISTRICT 2 - KEMPSVILLE)
d7
Apphcatton of MA TTHEW D. FINE for a Conchttonal Use
Permtt. fora self-storage_facthty on the west side of Baker Road,
north of Newtown Road, contatmng 2 44 acres (DISTRICT 2 -
KEMPSVILLE)
Apphcatton of CHARLES G. BARKER for a Condtttonal Use
Permtt for motor vehtcle repatrs at the northwest corner of
Bonney Road and North Kentucky Avenue, contatntng 1 471
acres (DISTRICT 3 - ROSE HALL)
Apphcatton of KENNETH A. HALL for a Conchttonal Use
Permtt for motor vehicle sales and servtce at the northeast
corner of Holland Road and Diana Lee Drtve (3496 Holland
Road), contatntng 4 218 acres (DISTRICT 3 - ROSE HALL)
JlO
Apphcatton of HALL TIDEWATER LTD. PARTNERSHIP for
a Condtttonal Use Permit for motor vehtcle sales and servtce at
the northwest corner of Vtrgtnta Beach Boulevard and Cranston
Lane (3204 Vtrgtnta Beach Boulevard), contamtng 1 634 acres
(DISTRICT 5 - L YNNHA VEN)
Jll
Apphcatton of YMCA OF SOUTH HAMPTON ROADS for a
Condtttonal Use Permtt for an tndoor recreatton center (buddtng
expanston) on the north stde of Laskm Road (1536 Laskm Road),
contamtng 2 17 acres (DISTRICT 5 - L YNNHA VEN)
Item J 3 wtll be DEFERRED until the City Council Session of March 13, 2001, BY CONSENT
Councdman Harrtson wall ABSTAIN on Item d 5
Councd Lady McClanan wall vote NAY on Item J 7
February 27, 2001
-10-
MA YOR 'S PRESENTATION
3:05 P.M.
ITEM # 4 7789
Mayor Oberndorf tntroduced Lee Cahill, Reporter- Virginia Beach Sun, who has covered the Ctty Counctl
and Beach acttvtttes stnce 1975 The Mayor was first elected tn 1976 At least stnce then, Lee has performed
her duttes tn a conststent, accurate and efficient manner and proven to be a prohfic wrtter, who rtses to the
challenge of hard breaking news and meettng deadhnes She came to The Vtrgtnta Beach Sun and
Chesapeake Post after 7 years wtth The Ledger Star She has a loyal famtly of readers who wtll mtss her
tnformattve government reporttng The Vtrgtnta Beach Sun ts gotng out of bustness The Mayor and Ctty
Counctl wtll mtss Lee The Mayor and Ctty Counctl recogmzed Lee wtth the gift ora coverlet emblazoned
wtth the City Seal and symbohztng scenes of the htstory of Vtrgtnta Beach
Councd Lady Henley lauded Lee for her remarkable assessments and her near perfect attendance record
for both Ctty Counctl Sesstons She wtll be sincerely mtssed Councd Lady Henley has been a fmthful and
very sattsfted subscrtber to the Vtrgtnta Beach Sun
February 27, 2001
-11 -
CITY MANA GER 'S BRIEFING
REAL ESTATE ASSESSMENTS
3:13 P.M.
ITEM # 4 7790
On Monday, March 5, 2001, the Assessors Office wtll mad Notices of Assessment for the Ftscal year 2002
Only those property owners whose assessment changed wtll recetve an assessment nottce Approxtmately
3% of all properttes wtll recetve a decrease tn assessment and approxtmately 76% wtll recetve an tncrease
The projected FY 2002 assessment of $23,292,306,153 represents a 6.1% tncrease over the current
assessment Each penny of the tax rate will generate $2,329,000 tn revenue for a total tax of $284,166,000
at the current rate of $1.22. The average assessment change for individual properties ts approxtmately
+4.25 %. The average assessment change for residential property ts +4.13 % and for commercial/industrial
property the average change ts +4.49%.
RESIDENCES
Type Number Percent of Median Mean Change in
Total Assessment Assessment Mean
Stngle Famtly 91, 748 71 9% $120, 700 $153,300 4 9%
Townhouse 19,411 15 2% $ 66800 $ 71,900 2 4%
Low Rtse 12,786 10 0% $ 76500 $ 103,200 7 3%
Condomtnlum
Htgh Rtse 1,949 1 5% $143,000 $145,100 5 7%
Condo/Co-op
Duplex/Home 1,733 1 4% $135,300 $184,200 8 9%
wtth Apartments
All Restdences 127,627 100% $108,600 $136200 4 9%
In addttton to residences there are 26, 748 apartment units in multi-family complexes
There has been apprectatton on townhouses and condomtmums steachly stnce 1995 Residential, apartment
and agriculture properties comprise 81. 7% of the tax base wtth commercial and industrial properties
constttuttng 18.3 % of the tax base ($4.2-BILLION worth of commercialproperty) The netghbortng ctttes
tn South Hampton Roads have between $2 to $2.3-BILLION worth of commercial property) The
percentage of the tax base for commercial property decreased 0.2 % from the current year
New construction for the past 12 months amounted to $383,000,000, whtch ts an tncrease of l8.4% from
the prevtous year Residential new construction tncreased by 14. 7% whtle commercial/industrial new
construction tncreased by 33.1%. Residential new construction amounted to 77.3% of the total yearly
construction, whtle commercial/industrial represented 22. 7%. Growth in land due to rezonings and
subdivision amounted to approxtmately $121,765,602. Total growth in land and buildings amounts to
approxtmately 1.6% of the tax base
Catheryn Whttesell, Dtrector- Management Services, wtll provtde tnformatton relattve who ts purchastng
the new homes and whether they are prtmartly ctttzens relocattng wtthtn the Ctty Thts would asstst tn
provtcltngfactors relattve the stabtltty of netghborhoods 62% of the new houses are below $200,000, with
38% above $200,000.
Relattve the Land Use Taxatton, the acreage for 2001 ts 41,447 acres Thts program loses acreage slowly
over time
Land Use Values
Fiscal Year Agriculture Forest
2001 $710 $465
There are 2,446families under the Real Estate Tax Exemption Program The Tax Reduction amounts to
$2,258,100 Approxtmately 1,676 are Senor Citizens and 770 are Disabled Persons Inchvtduals can be
asststed tf thetr income is less than $31,900 with an additional $7,500 inclusion for disabledpersons The
asset level ts $106,000.
February 27, 2001
- 12-
CITY M/IN/IGER'S BRIEFING
REAL ESTATE/ISSESSMENTS
ITEM # 47790 (Continued)
Robert Matthtas, Asststant to the Ctty Manager, shall provtde tnformatton relattve the proposed legtslatton
tn Northern Vtrgtnta, which greatly increased the pertmeters for exemptton Mr Matthtas shall provtde
further tnformatton
Asststant Ctty Attorney Randall Blow responded to the memorandum of February 26, concermng Real
Property Assessment /iuthority Satd memo ts hereby made apart of the record The Code of Vtrgtnta and
the Charter of the Ctty at Vtrgtnta Beach authortze the Ctty to provtde that the assessment of real property
for taxatton purposes be performed by a Real Estate Assessor, tnstead of the Commtsstoner of Revenue The
Real Estate Assessor ts an appotntee of Ctty Counctl, however, once the Assessor ts appotnted, the abtltty
of the Ctty Counctl to control hts day-to-day acttvtttes no longer extsts, as the Assessor ts bastcally htred
as the expert The Ctty Council may gtve the Assessor thetr views on the matter The City of Vtrgtnta Beach
exerctses that authortty as codtfied tn Code of Vtrgtnta Beach ~ 35-26 That code section provtdes that the
Real Estate Assessor "shall have all the powers and duties prescrtbed by the laws of the state for assessors
of real estate and all the duttes now devolved upon the Commtsstoner of the Revenue of the Ctty with respect
to the assessment of real estate for taxatton shall be transferred to and devolved upon the Ctty Real Estate
Assessor upon hts taktng the oath of office "The Ctty Code also provtdes, "The Ctty Real Estate Assessor
shall assess annually for taxatton at tts fatr market value all real estate wtthtn the Ctty subject to assessment
by htm, whtch shall tnclude all land, butldtngs, structures and tmprovements thereon "City Code 3~ 35-27
Mayor Oberndorf advtsed Asststant Ctty Attorney Randall Blow has been appotnted a Judge tn the Juventle
and Domesttc Court effecttve Aprtl 2001
Mr Banagan referenced hts correspondence to Ctty Counctl dated February 23, 2001, relattve Eugene
Hansen of Back Bay Farms, Incorporated and the assessment of hts equestrian facility as well as the
fencing On approxtmately 23 properttes, the Assessor assessed fenctng ranging from $2,600 to $6, 000
Eleven of those properttes had fence assessments greater than $20,000 Mr Banagan advtsed tn checktng
wtth hts peers (Loudon, Prtnce Wtlham, Foster) he found they are operattng as he has tn the past They
assess fenctng only on commerctally zoned property
Assistant Ctty Attorney Blow advtsed a resolutton could be drafted for Ctty Counctl's constderatton
dehneattng, as other Ctttes, Counttes and towns tn the State do not assess the fenctng of horse facthttes,
the destre of the Ctty ts to rematn conststent statewtde and request the Real Estate Assessor make these
constderattons tn future assessments
Counctl Lady Henley advtsed residents tn other porttons of the state are wary Vtrgtnta Beach wouM set a
precedent for the state relattve assessment of equestrtan facthttes
February 27, 2001
- 13-
CITY COUNCIL COMMENTS
3:53 P.M.
ITEM # 4 7791
Mayor Oberndorf referenced James Wdlenbrtnk - Pembroke Meadows Ctvtc League, one year ago had
requested a street sweeper that would at least come through hts neighborhood twtce a tnonth The Ctvtc
League would try to pohce thetr curbs and gutters on the other stde Mr Wtllenbrtnk had heard a street
sweeper was to be purchased and mqutred why his netghborhood had not been programed for thts servtce
The Ctty Manager shall advtse The Ctty ts not routtnely sweeptng streets tn residential neighborhoods
Instttuttng regular street sweeptng tn the netghborhoods would entatl a great cost One ad&ttonal street
sweeper was authortzed by Ctty Counctl Counctl Lady Eure would hke to add Lake James to this hst
ITEM # 47792
Counctlman Man&go referenced hts speaktng Saturday, February 25, 2001, at the Repubhcan Breakfast
He read the arttcle tn The Vtrgtntan Pilot today, February 28, 2001, relattve the method tn whtch the Pohce
Chtef will conduct future ,special investigations Councilman Man&go has not seen the offictal Ctty's
posttton, but ts pleased Chief Jacocks will speak wtth the Commonweath's Attorney prior to special
tnvesttgattons Counctlman Man&go supported the Pohce Chtef to the extent that this was a potenttal
"criminal" investigation and not a "pohttcal" tnvesttgatton There ts a key &fference as criminal
investigations &e etther through lack of evtdence or are taken to the next level the Commonwealth's
Attorney He was confident there was no pohttcal tntent behtnd thts actton Counctlman Man&go ts pleased
the sttuatton has been resolved It ts important the pubhc be aware thts was not apolitical investigation
Council Lady Parker referenced the news arttcle relattve the August 28, 2001, meettng at the Beachfront
concerntng protesttng the doIphtn exhtbtt at the Vtrgtnta Martne Sctence Museum 250 acttvtsts dressed as
sea turtles were placed on the streets of Seattle protesttng the trashtng of the Untted States laws protecttng
turtles Thts was under the &rectton of Benjamtn Whtte Counctl Lady Parker advtsed she &d not beheve
the Pohce acted out of mahctousness to the local restdents attempting free speech on a parttcular tssue, but
(on these outlytng tssues) they were looktng out for the protectton of our Ctty
Mayor Oberndorf advtsed there was an accusatton made tn one of the arttcles that the Ctty Counctl was
always havtng "secret" meettngs Asststant Ctty Attorney Macah advtsed the Ctty Council ts very
consctenttous about complying wtth the Freedom of Information Act The Ctty Attorney ts very sertous tn
hts tnterpretatton
ITEM # 4 7793
Mayor Oberndorf referenced her attendance at the U.S. Conference of Mayors tn Key West, Flortda Mayor
Oberndorf referenced meettng wtth some of the Ca&net Members under Prestdent Bush Mr Boulden,
Executtve Dtrector- USCM, ts responsible for drafting all domesttc pohcy The mayhor wtll keep a keen
eye on federal legislation
February 27, 2001
- 14-
ITEM # 4 7794
Mayor Meyera E Oberndorf called to order the INFORM,IL SESSION of the VIRGINIA BE,ICH CITY
COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, February 27, 2001,
at 4 05 P M
Counctl Members Present
Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley,
Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson
Counctl Members Absent
Vtce Mayor Wtlham D Sessoms, Jr
Ltnwood 0 Branch, III
[Attendtng Bobby Wartng Funeral/Left at
3 30 P M back at 5 45 P MI
[Attendtng Bobby Wartng Funeral/Left at
3 30 P M back at 5 45 P MI
February 27, 2001
-15-
ITEM # 4 7795
Mayor Oberndorf entertatned a motton to permtt Ctty Councd to conduct tts CLOSED SESSION, pursuant
to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followtng purpose
PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of
prospecttve can&dates for employment, asstgnment, appotntment,
promotton, performance, demotton, salartes, &sctphntng, or restgnatton
of spectfic pubhc officers, appomtees, or employees pursuant to Sectton
2 1-344 (A) (1)
To Wit
Boards and Commtsstons
Commumty Servtces Board
Francts Land House Board of Governors
The Planntng Councd
Vtrgtnta Beach Health Services Advtsory Board
LEGAL MATTERS Consultation wtth legal counsel or brtefings by staff
members, consultants, or attorneys pertatntng to actual or probable
httgatton, or other spectfic legal matters requtrtng the provision of legal
advtce by counsel pursuant to Sectton 2 1-344(A)(7)
Contractual Issues - Sportsplex
US FteM Hockey Assoctatton
Anctent Art Tattoo Stu&o, Ltmtted v Ctty of Vtrgtnta Beach, et al
Thomas et al v Hampton Roads Transtt
Ctty of Vtrgtnta Beach v NALA Corporatton& Edwin B Ltndsley, Jr
Frtends for Ferrell Parkway v John P Stasko, et als
Upon motton by Councdman Jones, seconded by Councdman Man&go, Ctty Councd voted to proceed
mto CLOSED SESSION.
Vottng 9-0
Councd Members Vottng Aye
Margaret L Eure, Wdham W Harrtson, dr, Barbara M Henley, Louts
R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Nancy K Parker and Rosemary Wdson
Counctl Members Vottng Nay
None
Counctl Members Absent
Ltnwood 0 Branch, III and Vtce Mayor Wtlham D Sessoms, Jr
(Time of Closed Session: 4:05 to 6:30 P.M.)
February 27, 2001
-16-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
February 27, 2001
6:30 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Counctl Chamber, Ctty Hall ButMmg, on Tuesday, February 27, 2001, at 6 30 PM
Counctl Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Wtlham D Sessoms, Jr and Rosemary Wdson
Council Members Absent
None
INVOCATION Counctl Member Louts R Jones
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vtce Mayor Sessoms, betng a Corporate Officer of Wachovta Bank DISCLOSED there were no matters
on the agenda tn whtch he has a "personal tnterest", as defined tn the Act, either tndtvtdually or tn hts
capactty as an officer of Wachovta Bank The Vtce Mayor regularly makes thts Disclosure as he may not
know of the Bank's tnterest tn any apphcatton that may come before Ctty Counctl Vtce Mayor Sessoms' letter
of January 2, 2001, ts hereby made a part of the record
February 27, 2001
Item VI-E.
-17-
CER TIFICA TION OF
CLOSED SESSION
ITEM # 4 7796
Upon motion by Vtce Mayor Sessoms, seconded by Counctl Lady Parker, Ctty Counctl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc bustness matters lawfully exempted from Open Meettng
requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to which
thts certtficatton resolutton apphes,
AND,
Only such pubhc bustness matters as were tdenttfied tn the motton
conventng the Closed Sesston were heard, chscussed or constdered by
I/'trgtnta Beach Ctty Counctl
Vottng 10-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr Mayor Meyera E Oberndorf, Nancy K Parker and Vtce
Mayor Wtlham D Sessoms, Jr
Counctl Members Vottng Nay
None
Counctl Members Absent
Rosemary Wtlson
February 27, 2001
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 # 47795, page 15, 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 pubhc 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.
-l(uth Hodges ~'mi~MC
City Clerk
February 27, 2001
- 18-
Item V-F. 1.
MINUTES
ITEM # 47797
Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Parker, Ctty Counctl APPROVED the
Mtnutes of the INFORMAL AND FORMAL SESSIONS of February 13, 2001 and the SPECIAL
FORMAL SESSION of February 20, 2001.
Vottng 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
February 27, 2001
- 19-
Item VI-G. 1.
ADOPT A GENDA
FOR FORMAL SESSION
ITEM ii 4 7798
B Y CONSENSUS, Ctty Counctl ADOPTED:
AGENDA FOR THE FORMAL SESSION
February 27, 2001
- 20-
Item VI-G.I.
INTR OD UCTION
ITEM # 47799
Mayor Oberndorf recogntzed the followtng Boy Scouts tn attendance to earn thetr mertt badges for
ctttzenshtp tn the natron and commumty
TROOP 63
Sponsored by Francis Ashbury United Methodist Church
Assistant Scoutmaster David Moore
February 27, 2001
- 21 -
Item VI-H. 1.
PUBLIC HEARING
ITEM # 4 7800
Mayor Oberndorf DECLARED a PUBLIC HEARING
CHANGES IN POLLING PLA CES
Aragona Precinct - Kemps Landing Magnet
School - (District 4 - Bayside)
Bayside Precinct - Bayside Elementary School
(District 4 - Bayside)
There betng no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING
February 27, 2001
Item V-H.2/3
- 22 -
PUBLIC HEARING
ITEM # 4 7801
Mayor Oberndorf DECLARED a PUBLIC HEARING
"EXCESS CITY-OWNED PROPERTY": Nimmo Parkway (formerly Ferrell Pkwy)
(District 7 - Princess Anne)
Lotus Garden Farms Property
(District 7 - Princess Anne)
The followtng spoke tn SUPPORT of selhng the rtght-of-way
Jan Ehassen, 1472 Mtll Lan&ng Road 23457, Phone 721-0218
Herb Jones, 2313 Sandptper Road 23456, Phone 721-1103
Adam Rttt, 908 Esqutana Court 23456, Phone 853-5557
Jeffrey H Butts, 2724 Blue Bell Drtve 23456, Phone 721-5101
Juhette Wtlcox, 329 Teal Crescent 23456, Phone 721-1122
Mike Jarostnskt, 6237 Auburn Drtve 23464, Phone 420-9771
Harry Bybee, 305 Pompano Lane 23456, Phone 426-7228
Cratg Rentz, 2580 Atwoodtown Road 23456, Phone 426-8447
Wynne Rentz, 2580 Atwoodtown Road, 23456, Phone 426-8447
The followtng spoke tn OPPOSITION to selhng rtght-of-way
Ken Waldron, 2481 Las Brtsas 23456, Phone 721-6548
Wayne McClanan, 107 Sound Shark Dr Currttuck, NC 27929 Phone (252) 232-3534
James Reeve, 1476 Lotus Drtve 23456, Phone 721-1019, Frtends of Ferrell Parkway
Andrea Ktlmer, 801 Costa Grande Drtve 23456, Phone 340-8001
John Patterson, 912 Esqutana Court 23456, Phone 721-0663
Marcy Ann Schmtdt, 2213 N Sandptper Road 23456, Phone 721-5103
Jackte Garrtson, 2609 Atwoodtown Road 23456, Phone 721-6399
Sue Foy, 4235 Chartty Neck Road 2345 7, Phone 426-7336
Paul Macko, represented Lagomar Ctvtc League 971 Camtno Real South 23456, Phone 426-3668
Ann Henley, 3112 Colechester Road 23456, Phone 426-6991
Jane Bloodworth Rowe, 608 Ocean Lake Drtve 23454, Phone 426-3053, filed pettttons wtth Ctty Clerk
Carl Strass, Rettred Envtronmental Attorney, 2828 Bluebtll Drtve 23456, Phone 721-3931
Laura Cardone, 944 Camtno Real South 23455, represented Frtends of Ferrell Parkway
Carol Aluzzo, 954 Camtno Real South, Phone, 721-6697
Robert W Hall, 2449 Entrada Drive 23456, Phone 721-7334
Attorney Steve Emmert, Pembroke One, Ftfth Floor 23462, Phone 499-8971, representtng restdents of
Lotus Creek
Jack Gtbson, 2540 Entrada 23452, Phone 426-3216
Jtm Cardone, 944 Camtno Real South 23455, represented Frtends of Ferrell Parkway
Mark Wawner, 2732 Elson Green Avenue 23456, Phone 426-0733
Attorney Carl Eason, 1100 One Columbus Center 23462, Phone 497-6633, represented Frtends of Ferrell
Parkway
There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
February 27, 2001
- 23 -
Item VI-I
ORDINANCES/RES OL UTION
ITEM ti 4 7802
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED IN
ONE MOTION, Ordtnances/Resoluttons 2, 3, 4, 5, 6, and 7 of the CONSENT AGENDA.
Vottng. 11-O
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wilson
Councd Members Vottng Nay.
None
Counctl Members Absent
None
Counctl Members Eure and McClanan voted a VERBAL NAY on Item 6
Counctlman Jones ABSTAINED on Item 6 Counctlman Jones DISCLOSED and ABSTAINED as he has
an ownership tnterest tn Resource Bank which exceeds 3% of the asset value of the bank Resource Bank
holds a note on the Lotus Creekproperty Whtle thts resolutton does not spectfically address the Lotus Creek
property, the Ctty Attorney has advtsed that st ss reasonably foreseeable that any actton taken by Ctty
Council on the extenston of Ntmmo Parkway could have a dtrect or tndtrect financtal benefit or determent
on the Lotus Creek Development Counctlman Jones letter of January 23, 2001, ss hereby made a part of
the record
February 27, 2001
Item VI-I 1.
- 24 -
ORDINANCES/RESOL UTION
ITEM # 4 7803
Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Parker, Ctty Counctl ADOPTED
Or&nance to AMEND and REORDAIN ~10-1 of the Ctty Code
re Electron Prectncts and polling places (DISTRICT 4 -
BA YSIDE) :
Aragona Prectnct -
Baystde Prectnct -
Kemps Landtng Magnet School
Baystde Elementary School
Vottng 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, ,Ir and Rosemary Wilson
Counctl Members Vottng Nay
None
Council Members Absent
None
February 27, 2001
Item VI-I. 2.~.
- 25 -
ORDINANCES/RES OL UTION
ITEM # 4 78O4
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Councd ADOPTED
Ordinance re temporary encroachment:
Into the Ctty's 25' utthty easement whtch crosses the front portton of 2413
Whaler Court for JOHN T. A TKINSON, re constructing and matntatnmg
a garage (DISTRICT 5 - L YNNHA VEN
The following conchttons shall be requtred
The temporary encroachment wtll be constructed and matntatned
tn accordance with the laws of the Commonwealth of Vtrgtnta
and the Ctty of Vtrgtnta Beach, and tn accordance wtth the Ctty's
spectficattons and approval
The temporary encroachment terminates upon notice by the Ctty
to the Grantee, and that wtthtn thtrty (30) days after the nottce ts
gtven, must be removed from the encroachment area by the
Grantee, and the Grantee wtll bear all costs and expenses of such
removal.
The Grantee shall tndemntfy and hoM harmless the Ctty, tts
agents and employees, from and against all clatms, damages,
losses' and expenses tncludtng reasonable attorney's fees tn case
tt shall be necessary to file or defend an actton artstng out of the
location or extstence of the temporary encroachment
Nothing heretn contatned shall be construed to enlarge the
permtsston and authortty to permtt the matntenance or
constructton of any encroachment other than that spectfied
herein and to the hmtted extent spectfied, nor to permtt the
matntenance and constructton of any encroachment by anyone
other than the Grantee
5 The Grantee agrees to matntatn the temporary encroachment so
as not to become unstghtly or a hazard
6 The Grantee must submtt and have approved a traffic control
plan before commenctng work tn the encroachment area
The Grantee agrees that no open cut of the pubhc roadway wtll
be allowed except under extreme ctrcumstances Requests for
exceptions must be submttted to the Htghway Operations
Dtvtston, Department of Pubhc Works, for final approval
The Grantee must obtatn a permtt from the Office of
Development Servtces Center/Planntng Department prtor to
commencing any constructton wtthtn the encroachment area
9 The temporary encroachment must conform to the mtntmum 20'
front yard setback requtrement, as estabhshed by the Ctty
10
The Grantee must submit for review and approval, a survey of
the encroachment area, certtfied by a regtstered professtonal
engtneer or a hcensed land surveyor, and/or "as butlt" plans of
the temporary encroachment sealed by a regtstered professtonal
engtneer, tf requtred by either the Ctty Engtneer's Office or the
Engtneertng Dtvtston of the Pubhc Utthttes Department
February 27, 2001
Ite~ VI-I.Z
- 26-
ORDINANCES/RESOL UTION ITEM # 4 7804 (Continued)
11
The Ctty, upon revocatton of such authortty and permtsston so
granted, may remove the temporary encroachment and charge
the cost thereof to the Grantee, and collect the cost tn any
manner provtded by law for the collectton of local or state taxes,
may requtre the Grantee to remove the temporary encroachment,
and pen&ng such removal, the City may charge the Grantee for
the use of the encroachment area the equtvalent of what would be
the real property tax upon the land so occupted tf tt were owned
by the Grantee, and tf such removal shall not be made wtthtn the
ttme ordered by thts Agreement, the Ctty may tmpose a penalty
tn the sum of One Hundred Dollars ($100) per day for each and
every day that the temporary encroachment ts allowed to
conttnue thereafter, and may collect such compensatton and
penalties tn any manner provtded by law for the collectton of
local or state taxes
Vottng 11-0 (By ConsenO
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlltam W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Councd Members Vottng Nay
None
Counctl Members Absent
None
February 27, 2001
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT INTO
A PORTION OF THE CITY'S 25'
UTILITY EASEMENT LOCATED
WITHIN THAT PROPERTY KNOWN AS
2413 WHALER COURT BY JOHN T
ATKINSON, HIS HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE
l0
WHEREAS, John T Atkinson, desires to construct and maintain a garage into
11 the City's 25' utility easement which crosses the front portion of his property located at 2413
12 Whaler Court, Virginia Beach, Vlrg~ma 23451-1214 (GPIN 1590-21-1115)
13
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 C~ty's
15 easements subject to such terms and cond~tions as Council may prescribe
3_6
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
3- 7 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 Vlrgima, 1950, as amended John T Atkinson, his heirs, assigns
2 0 and successors ~n title is authorized to construct and maintain a temporary encroachment for
21 a garage into the City's 25' utlhty easement as shown on the plat entitled. EXHIBIT "A", a copy
2 2 of which is on file in the Department of Pubhc Works and to which reference ~s made for a
2 3 more particular description, and
24
BE IT FURTHER ORDAINED, that the temporary encroachment is expressly
2 5 subject to those terms, conditions and criteria contained in the Agreement between the City of
26 Vlrg~ma Beach and John T Atkinson (the "Agreement") which is attached hereto and
2 7 incorporated by reference, and
28
BE IT FURTHER ORDAINED that the C~ty Manager or his authorized designee
2 9 is hereby authorized to execute the Agreement.
30 BE IT FURTHER ORDAINED, that th~s Ord,nance shall not be ~n effect until
such t~me as John T Atkinson and the C~ty Manager or his authorized designee execute the
32 Agreement
33
Adopted by the Council of the City of Virginia Beach, V~rginia, on the 27th
day of February
,2001
35
36
CA- 7?88'
PREPARED January 31,2001
APPrROVED AS TO CONTENTS
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIEN~FORM
CITY j[TTORNE~i~-
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58 1-81 l(a)(3)
AND 58 ~-81 !(c)(4) REIMBURSEMENT
AUTHOR/ZED UNDER SECTION 25-249
THIS AGREEMENT, made th~s~ day o~ , 2001, by and between
the CITY OF VIRGINIA BEACH, VIRG~ a municipal corporaUon, Grantor, "City", and JOHN
T. ATKINSON, divorced and not remarried, HIS HEIRS, ASSIGNS AND SUCCESSORS IN
TITLE, "Grantee".
WITNESSETH
That, WHEREAS, the Grantee Is the owner of that certain lot, tract, or parcel of land
designated and described as "Lot 7, Block B, Chesapeake Bay Shores, Section Three" and being
further designated and described as 2413 Whaler Court, Virgqnia Beach, Virginia 23451-1214, and
That, WHEREAS, ~t is proposed by the Grantee to construct and maintain a garage,
"Temporary Encroachment", in the City of Virg~ma Beach; and
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of an existing 25' City utility easement, "The
Tempormy Encroachmem Area", and the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Area
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), ~n
hand paid to the City, receipt of which ~s hereby acknowledged, the City doth grant to the Grantee
GPIN 1590-21-1115
permission to use The Encroachment Area for the purpose of constructing and mmntaining the
Temporary Encroachment
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and ma~ntmned in accordance wath the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance w~th the City's specfficauons and approval and is more
particularly described as follows, to wit
A Temporary Encroachment into The Encroachment
Area as shown on that certmn plat entitled
"PHYSICAL SURVEY OF LOT 7, BLOCK B,
CHESAPEAKE BAY SHORES SECTION THREE.
RESUBDIVISION OF LOTS "R" "S" "T" AND A
PORTION OF "Q" · AMENDED MAP, PROPERTY
OF LYNNHAVEN BEACH AND PARK CO.-
LYNNHAVEN BOROUGH, VIRGINIA BEACH,
VIRGINIA - FOR WILLIAM D THOMPSON &
FRANCES M THOMPSON' SCALE 1''= 20'-
DATE. JULY 10, 1990," a copy ofwhmh is attached
hereto as Exhibit "A" and to which reference is made
for a more particular description
It is timber expressly understood and agreed that the Temporary Encroachment herein
authorized terminates upon notice by the C~ty to the Grantee, and that within thirty (30) days after
the notice ~s 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 ~s further expressly understood and agreed that the Grantee shall indemmfy and hold
harmless the City, its agents and employees, from and against all clmms, 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
It is further expressly understood and agreed that nothing here~n 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 maintmn the
Temporary Encroachment so as not to become unsightly or a hazard
It is further expressly understood and agreed that the Grantee must submit and have
approved a traffic control plan before commencing work in The Encroachment Area.
It is further expressly understood and agreed that the Grantee agrees that no open cut
of the public roadway will be allowed except under extreme c~rcumstances. Requests for
exceptions must be submitted to the Highway Operations Division, Department of Public Works,
for final approval
It is further expressly understood and agreed that the Grantee must obtmn a permit
from the Office of Development Services Center/Planning Department prior to commencing any
construction within The Encroachment Area.
It ~s further expressly understood and agreed that prior to issuance of a right of way
permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the
Office of Development Services Center/Planmng Department
It is further expressly understood and agreed that the Temporary Encroachment must
conform to the minimum 20' front yard setback requirement, as estabhshed by the City.
It is further expressly understood and agreed that the Grantee must submit for review
and approval, a survey of The Encroachment Area, certffied by a registered professional engtneer
or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a
registered professional engtneer, if reqtured by e~ther the City Engineers Office or the Engineering
Division of the Public Utihties 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 here~nabove by this
Agreement, the City may impose a penalty ~n the sum of One Hundred Dollars ($100.00) per day
for each and every day that the Temporary Encroachment is allowed to continue thereafter, and
may collect such compensation and penalties ~n any manner provided by law for the collection of
local or state taxes.
IN WITNESS WHEREOF, JOHN T. ATKINSON, the said Grantee has caused this
Agreement to be executed by his s~gnature and seal duly affixed. Further, that the City of Virginia
Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager
and its seal be hereunto affixed and attested by ~ts City Clerk
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
C~ty Clerk
JOl~ T ~TKINSO'I~I
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
,2001, by
., CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
,2001, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
2001, by JOHN T. ATKINSON
My Commission Expires:
Nota~ Public
APPROVED AS TO
LEGAL SUFFICIENCY
CITY ATTORNEY
APPROVED AS TO CONTENT
C.J/FY REAL ESTATE AGENT
LOCATION MAP SCALE: 1" = 1,600'
LOCATION MAP SHOWING
AREAOF ENCROACHMENT REQUESTED
JOHN T. ATKINSON AT
2413 WHALER COURT FOR A
GARAGE INTO_EASEMENT
GPIN 1590 21-1115
SCALE: 1" -- 100'
BY
PREPARED BY P/W ENG. DRAFT. 06-DEC-2000
T.~S ~$ ~0 c~.~rr ~^T~ o. JULY 10, 1990 su.v~o ~ ..o.c.~ s.o~ o.
mis P~T AIIO ~AT ~[ ~ LINES ~O ~E WA~S OF ~E BUI~IHOS ~E ~0~ OH ~tS P~T.
~E BUI~INOS STAND S~IO~Y ~IH ~E ~ UNES ANO ~ERE ARE HO EHCROACHUEH~ OF
xO~ER BUILOINOS OH ~E PROPER~ EXC~T AS ~0~.
~o,;m ' . · ~ ~ ~' ~,~ ~ ''~
, ' "~o0'
1
4
P.~..so'.._
PHYSIOAL SURVEY
OF
LOTS
..' AMENDED MAP,
LYNNHAVEN BOROUGH, VIRGINIA BEAOH,
;ALE: 1" .20' -
FOR
JLY 10, 1990 WILLIAM D. THOMPSON
"~"'~: & FRANCES M THOMPSON
/d°-~' PO. ~r/
'0' L~ff $. flO0~, P.O.
[~KO ~ICE ~ ~~ ,VmNOINIA
I Il I ' _ ~ __ i
_
!
LOT 1, BLOCK B
CHESAPEAKE BAY SHORES
· SECTION THREE
RESUBDIVISION OF
"R""S""T" ANP A PORTION OF
PROPERTY OF LYNNHAVEN BEACH AND PARK
Item VI-I. Zb.
-27-
ORDINANCES/RES OL UTION
ITEM # 4 7805
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED:
Ordtnance re temporary encroachment:
Into the City's right-of-way by MA TTHEW B. and NANCYB. WALKER
re constructmg and maintaining a porch, steps, walkway and retentton
walls at 87'h Street and a block wall at 8610 Ocean Front Avenue
(DISTRICT 5 - L YNNHA VEN)
The followtng condtttons shall be requtred
The temporary encroachment wtll be constructed and matntatned
tn accordance wtth the laws of the Commonwealth of Vtrgtnta
and the Ctty of Vtrgmta Beach, and tn accordance wtth the Ctty
of Virginia Beach Pubhc Works Department's specifications and
approval as to stze, ahgnment and locatton
The temporary encroachment heretn authortzed shall termtnate
upon nottce by the City of Vtrgmta Beach to the Grantee, and
that wtthtn thtrty (30) days after such nottce ts gtven, such
temporary encroachment shall be removed from the Ctty's rtght-
of-way by the Grantee who shall bear all costs and expenses of
such removal
The Grantee shall mdemntfy and hold harmless the Ctty of
Vtrgtnta Beach, tts agents and employees, from and agatnst all
clatms, damages, losses and expenses tncludtng reasonable
attorney's fees tn case tt shall be necessary to file or defend an
actton artsmg out of the locatton or extstence of such temporary
encroachment
Nothing heretn contained tn thts Agreement shall be construed to
enlarge such permtsston and authortty to permtt the matntenance
or constructton of any encroachment other than that spectfied
herem and to the hmtted extent spectfied herem, nor to permtt
the mamtenance and constructton of any encroachment by
anyone other than the Grantee
The Grantee agrees to matntatn satd temporary encroachment so
as not to become unstghtly or a hazard
The Grantee agrees that no open cut of the pubhc roadway shall
be allowed except under extreme ctrcumstances Such excepttons
shall be submttted to the Htghway Dtvtston, Department of
Pubhc Works for.final approval
The Grantee must obtatn apermtt from the Development Servtces
Center prtor to commenctng any constructton wtthtn the City's
rights-of-way
The Grantee, prtor to tssuance ora Htghway permtt, must post a
Performance Bond
February 27, 2001
Item VI-I.2.b.
- 28-
ORDINANCES/RESOLUTION ITEM # 47805 (Continued)
10
The Grantee shall obtatn and keep tn force All Rtsk Property
Insurance and General Ltabthty or such insurance as ts deemed
necessary by the Ctty, and all tnsurance pohctes must name the
Ctty as addtttonal name tnsured or loss payee, as apphcable
The Grantee agrees to carry Comprehenstve General Ltabthty
Insurance tn an amount not less that $500,000, combtned stngle
hmtts of such tnsurance pohcy or pohctes. The Grantee wtll
provtde endorsements provtdtng at least thtrty (30) days wrttten
nottce to the Ctty prtor to the cancellatton or termtnatton of, or
matertal change to, any of the tnsurance pohctes The Grantee
assumes all responstbthttes and habthttes, vested or contingent,
wtth relatton to the temporary encroachment
The Ctty, upon revocatton of such authortty and permtsston so
granted, may remove any such temporary encroachment and
charge the cost thereof to the Grantee, and collect the cost tn any
mannerprovtded by law for the collectton of local or state taxes,
may requtre the Grantee to remove such temporary
encroachment, and pendtng such removal, the Ctty may charge
the Grantee compensatton for the use of such portion of the
Ctty's rtghts-of-way encroached upon the equtvalent of what
would be the real property tax upon the land so occupted tf tt
were owned by the Grantee, and tf such removal shall not be
made wtthtn the ttme ordered by this Agreement, the Ctty shall
tmpose a penalty tn the sum of One Hundred Dollars ($100) per
day for each and every day that such temporary encroachment ts
allowed to conttnue thereafter, and shall collect such
compensatton and penalttes tn any manner provided by law for
the collectton of local or state taxes
Voting 11-0 (By Consent)
Counctl Members Vottng Ave
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
February 27, 2001
1 Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE TEMPORARY
ENCROACHMENTS INTO A PORTION OF THE
RIGHT-OF-WAY OF 87th STREET AND OCEAN
FRONT AVENUE BY MATTHEW B. AND NANCY
B. WALKER, THEIR HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE
WHEREAS, Matthew B. and Nancy B. Walker, desire to
9 construct and maintain a porch, steps, walkway, retention walls and
10 block wall into the City's rights-of-way located at 8610 Ocean
11 Front Avenue, Virginia Beach, Virginia 23451.
12
13
WHEREAS, City Council is authorized pursuant to ~§ 15.2-
2009 and 15.2-2107, Code of Virgmnia, 1950, as amended, to
14
15
authorize a temporary encroachments upon the City's right-of-way
subject to such terms and conditions as Council may prescribe.
16
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
17 OF VIRGINIA BEACH, VIRGINIA:
18
That pursuant to the authority and to the extent thereof
19 contained in §~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as
20 amended Matthew B. Walker and Nancy B. Walker, themr heirs, assigns
21 and successors mn title are authorized to construct and maintain a
22
23
temporary encroachment for a porch, steps, walkway and retention
walls mn the Cmty's rights-of-way as shown on the map entitled:
24 "PHYSICAL SURVEY OF LOT 1, BLOCK 3, CAPE HENRY SYNDICATE, VIRGINIA
25 BEACH, VIRGINIA FOR NANCY B. WALKER," a copy of which is on file in
26 the Department of Public Works and to which reference is made for
27 a more particular description; and
28
BE IT FURTHER ORDAINED, that the temporary encroachments
29 are expressly subject to those terms, conditions and criteria
30
31
contained in the Agreement between the City of Virginia Beach and
Matthew B. Walker and Nancy B. Walker, (the "Agreement") whmch ~s
32 attached hereto and incorporated by reference; and
33
34
BE IT FURTHER ORDAINED that the City Manager or his
authorized designee is hereby authorized to execute the Agreement.
35
BE IT FURTHER ORDAINED, that this Ordinance shall not be
36 in effect until such time as Matthew B. Walker and Nancy B. Walker
37 and the City Manager or his authorized designee execute the
38 Agreement.
39
40
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 27th day of February , 2001.
41
42
43
44
CA-#
0RDIN\NONCODE \ CA#. ORD
R-1
PREPARED: LDH
~PROVED AS TO CONTENTS
DEP~NT
APPROVED A~ TO LEGAL
SUFFICIENCY J~"'ORM
CITY ATTORNEY
)fRY
ITE
LOCATION MAP
SCALE : 1": 1,600'
LOCATION
I PROPOSED ENCROACHMENTS INTO
[~/CITY OWNED RIGHTS OF WAY KNOW AS
/\87TH STREET & OCEAN F,,RONT AVENUE
[~ \ \\ ',,'~'-,~ V \W-,~.-'~ FOR, ,~~ ~ -
[~ ~ ~ ~:~MAWHEW B. WALKER~~
bNN N N N _~ NANCY B. WALKER~~ ~
PREPARED BY P/W ENG. DRAFT. $$$$DATE$$$
EXHIBIT "A"
PIN
50.00'
1
20 .Il'
10'4'2 ~'roKY
DWGMJNO
t11181o 'TO BE REVISED
oN LOT 21:
·
·
·
PLANTER
D~A~f~AY
EXIST. WALL
TO BE
31,0'
·
24.2'
· 2 STORY
BRICK &
FRNd£
PIN
2
E,x/$7~-
0H.7' WIDE 1YI=.)
CROACHES
IN OCEAN
FRONT AVENUE
WOOD PRIVACY
FEtlC£ TO BE
RB. DCAIED TO
PROPERTY MHE
1 CROACHE~
Lm*=)
EXIST. WALL
TO BE
PIN
(F)
13.0'
PORTION OF / '1~
EXIST· GARAGE /
TO ,'BE REMOVED
50,00' .
7
SCALE: 1"= 20'
PROPOSED SLIDE PLAN
PIN
PHYSICAL SURVEY
OF
LOT 1, BLOCK 3
CAPE HENRY
SYNDICATE
VIRGINIA BEACH. VIRGINIA
FOR
NANCY B. WALKER
PREPARED BY VIRGINIA BEACH
C1TY ATFORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58 1-811(a)(3)
AND 58 1-811(c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this ]?~__~ day of ~ et: oew~ a/' ,20Ob,
by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a mumcipal corporation, Grantor,
party of the first part, and MATTHEW B WALKER AND NANCY B. WALKER, THEIR
HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the second part.
WITNESSETH
That, WHEREAS, the party of the second part ~s the owner of that certain lot, tract,
or parcel of land designated and described as "Lot 1, Block 3 Cape Henry" and being further
designated and described as "8610 Ocean Front Avenue, V~rg~ma Beach, V~rg~nia 23451 - GPIN
2510-51-7340" and
That, WHEREAS, it ~s proposed by the party of the second part to construct and
mmntmn a porch, steps, walkway and retention walls m 874 Street and a block wall in Ocean
Front Avenue m the City of V~rgima Beach, and
WHEREAS, in constructing and maintmning such porch, steps, walkway, retention
walls and block wall, ~t ~s necessary that the smd party of the second part encroach ~nto a portion
of ex~sting C~ty rights-of-way known as 874 Street and Ocean Front Avenue, and smd party of
the second part has requested that the party of the first part grant a temporary encroachment
to facilitate these improvements within a portion of the C~ty rights-of-way.
GPIN 2510-51-7340
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accrmng or to accrue to the party of the second part and for the further
consideration of One Dollar ($1 00), ~n hand prod, to the said party of the first part, receipt
of which is hereby acknowledged, the party of the first part doth grant to the party of the
second part a temporary encroachment to use a pomon of the C~ty's rights-of-way for the
purpose of constructing and malntalmng such porch, steps, walkway, retention walls and
block wall
It is expressly understood and agreed that such temporary encroachment will
be constructed and mmntalned in accordance w~th the laws of the Commonwealth of
V~rglnia and the City of V~rg~nia Beach, and ~n accordance with the C~ty of V~rg~nia
Beach Pubhc Works Department's spemfications and approval as to s~ze, alignment and
location and IS more particularly described as follows, to wit'
An area of temporary encroachment ~nto a pomon of the City's
rights-of-way known as 87th Street and Ocean Front Avenue as
shown on that certain plat entitled' "PROPOSED SITE PLAN,
PHYSICAL SURVEY OF LOT 1, BLOCK 3 CAPE HENRY
SYNDICATE, VIRGINIA BEACH, VIRGINIA FOR NANCY
B. WALKER," a copy of which is attached hereto as Exhibit "A"
and to which reference ~s made for a more particular description
It ~s further expressly understood and agreed that the temporary encroachment
here~n authorized shall terminate upon notice by the C~ty of Virginia Beach to the party
of the second part, and that within thmy (30) days after such notice ~s given, such
temporary encroachment shall be removed fi.om the City's rights-of-way by the party of
the second part; and that the party of the second part shall bear all costs and expenses of
such removal
It ~s further expressly understood and agreed that the party of the second part
shall indemnify and hold harmless the City of V~rg~nia Beach, its agents and employees,
from and against all clmms, damages, losses and expenses including reasonable attorney's
fees ~n case ~t shall be necessary to file or defend an action arising out of the location or
existence of such temporary encroachment.
It ~s further expressly understood and agreed that nothing here~n contmned
shall be construed to enlarge such permission and authority to permit the maintenance or
construction of any encroachment other than that specffied here~n and to the l~mlted extent
spemfied here~n, nor to permit the mmntenance and construction of any encroachment by
anyone other than the party of the second part.
It is further expressly understood and agreed that the party of the second part
agrees to mmntmn smd temporary encroachment so as not to become unsightly or a
hazard.
It ~s further expressly understood and agreed that the party of the second part
agrees that no open cut of the pubhc roadway shall be allowed except under extreme
c~rcumstances Such exceptions shall be submitted to the Highway D~vislon, Department
of Public Works, for final approval
collect the cost ~n any manner provided by law for the collection of local or state taxes,
may require the party of the second part to remove such temporary encroachment; and
pending such removal, the party of the first part may charge the party of the second part
compensation for the use of such portion of the C~ty's rights-of-way encroached upon the
equivalent of what would be the real property tax upon the land so occupied ~f ~t were
owned by the party of the second part, and ~f such removal shall not be made w~th~n the
time ordered herelnabove by this Agreement, the City shall impose a penalty in the sum
of One Hundred Dollars ($1 O0 00) per day for each and every day that such temporary
encroachment ~s allowed to continue thereafter, and shall collect such compensation and
penalties ~n any manner provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, MATTHEW B. WALKER AND NANCY B
WALKER, the said party of the second part has caused th~s Agreement to be executed by
h~s s~gnature and seal duly affixed Further, that the City of V~rg~ma Beach has caused
this Agreement to be executed m its name and on ~ts behalf by ~ts C~ty Manager and its
seal be hereunto affixed and attested by ~ts City Clerk
CITY OF VIRGINIA BEACH
By
C~ty Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST
City Clerk
Matthew B Walker
Nand3, B Whlker
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-w~t
The foregoing instrument was acknowledged before me this~
day of
,20m, by
, CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER
Notary Public
My Commission Expires.
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit
The foregoing instrument was acknowledged before me this
__ day of
,20 , by RUTH HODGES SMITH, City Clerk for the CITY OF
VIRGINIA BEACH
My Commission Expires
Notary Pubhc
STATE OF
L~-T'Y/COUNTY OF ~a/,,~/~'' , to-wit.
The foregoing instrument was acknowledged before me this [q ~ day of
,20 c~,., by Matthew B Walker
My Commission Expires
Notary Public
STATE OF ~}aza/~a
/
Gt-TWCOUNTY OF ~u~¢, ,to-wit
The foregoing instrument was acknowledged before me this lq ~ day of
,20~o, by Nancy B Walker
My Commission Expires' ,Y~ - ,~z'~~..~v -/
Notary Public
Item VI-l.2. c.
- 29-
ORDINANCES/RES OL UTION
ITEM # 4 7806
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED:
Or&nance re temporary encroachment:
Into a portton of the Ctty's rtght-of-way of Ptedmont Ctrcle and a portton
of Crab Creek to SHORE VENTURES ASSOCIATES, LLC,
(Modification to Prevtous Approval of October 24, 2000) re constructtng
and matntatntng an access pter, pter andproposed fingerpters (DISTRICT
4 - BA YSIDE)
The followtng condtttons shall be requtred
The temporary encroachment wtH be constructed and matntatned
tn accordance wtth the laws oft he Commonwealth of Vtrgmta
and the Ctty of Vtrgmta Beach, and tn accordance with the City's
spectficattons and approval
The temporary encroachment heretn authorized shah termtnate
upon nottce by the Ctty to the Grantee, and that wtthtn thtrty (30)
days afier such nottce ts gtven, the temporary encroachment must
be removed from the encroachment area by the Grantee and that
the Grantee wtH bear all costs and expenses of such removal
The Grantee shall tndemmfy and hold harmless the City, its
agents and employees, from and agamst all clatms, damages,
losses and expenses tncludtng reasonable attorney's fees tn case
tt shall be necessary to file or defend an actton artstng out of the
locatton or extstence of the temporary encroachment
Nothtng heretn contatned shall be construed to enlarge such
permtsston and authortty to permtt the matntenance or
constructton of any encroachment other than that spectfied
heretn and to the hmtted extent specified herein, nor to permtt
the matntenance and constructton of any encroachment by
anyone other than the Grantee
5 The Grantee agrees to matntatn the temporary encroachment so
as not to become unstghtly or a hazard
The Grantee must obtam a permtt from the Office of
Development Servtces Center/Planmng Department prtor to
commencmg any construction wtthm the encroachment area
Prtor to issuance ora rtght-of-waypermtt, the Grantee must post
surettes, tn accordance wtth thetr engtneer's cost esttmate, to the
Office of Development Services Center/Planmng Department
The Grantee must obtatn and keep tn force all-rtskproperty
tnsurance and general habdtty or such tnsurance as ts deemed
necessary by the Ctty, and all tnsurance pohctes must name the
Ctty as ad&ttonal named insured or loss payee, as apphcable
The Grantee also agrees to carry comprehenstve general habdtty
tnsurance tn an amount not less that $500,000, combtned stngle
ltmtt of such tnsurance pohcy or pohctes The Grantee wtll
provtde endorsements provtdtng at least thtrty (30) days wrttten
nottce to the City prtor to the cancellatton or termtnatton of, or
matertal change to, any of the tnsurance pohctes The Grantee
assumes all responstbthttes and habdtttes, vested or contingent,
wtth relatton to the temporary encroachment
February 27, 2001
Item VI-I.2. c.
- 30-
ORDINANCES/RESOLUTION ITEM # 4 7806 (Continued)
10
11
The temporary encroachment must conform to the mtntmum
setback reqmrements, as estabhshed by the Ctty
The Ctty, upon revocatton of such authortty and permtsston so
granted, may remove the temporary encroachment and charge
the cost thereof to the Grantee, and collect the cost tn any
manner provtded by law for the collectton of local or state taxes,
may reqmre the Grantee to remove the temporary encroachment,
and tf such removal shall not be made wtthtn the ttme ordered by
thts Agreement, the Ctty may tmpose a penalty tn the sum of One
Hundred Dollars ($100)per day for each and every day that the
temporary encroachment ts allowed to conttnue thereafter, and
may collect such compensatton and penalttes tn any manner
provtded by law for the collectton of local or state taxes
Thts Agreement shall supersede the Agreementprevtously
recorded on November 8, 2000, tn Deed Book 4320, at Page 263
tn the office of the Clerk of the Ctrcutt Court of the Ctty of
Vtrgtnta Beach, Virginia
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
February 27, 2001
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS INTO A
PORTION OF THE RIGHT-OF-WAY OF
PIEDMONT CIRCLE/CRAB CREEK BY SHORE
VENTURES ASSOCIATES, LLC, ITS ASSIGNS
AND SUCCESSORS IN TITLE
WHEREAS, SHORE VENTURES ASSOCIATES, LLC, desires to construct
l0
and maintain an access pier, pier and proposed finger piers into the City's right-of-way
known as Piedmont Circle and a portion of Crab Creek.
14
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 right-of-way subject to such terms and conditions as Council may prescribe.
WHEREAS, WHEREAS, SHORE VENTURES ASSOCIATES, LLC did
receive approval from the City on October 24, 2000 to construct and maintain an access
l?
p~er, pier and proposed finger piers, "Temporary Encroachment", into the City's right-of-way
known as Piedmont Circle and a portion of Crab Creek, "The Encroachment Area."
WHEREAS, SHORE VENTURES ASSOCIATES, LLC did enter into an
20
Agreement with the City and the said Agreement was recorded on November 8, 2000 in
Deed Book 4320, at Page 263 in the Office of the Clerk of the Circuit Court of the City of
2!
V~rginia Beach, Virginia; and
WHEREAS, SHORE VENTURES ASSOCIATES, LLC did, at some time later,
determine that certain information contained in Exhibit "A" attached to and made a part of
24
25
the said recorded Agreement contained information that was in error; and
WHEREAS, SHORE VENTURES ASSOCIATES, LLC has made the City
aware of this error and has submitted a revised Exhibit with correct information pertaining
27 to the requested Temporary Encroachment within The Encroachment Area.
28
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
29 VIRGINIA BEACH, VIRGINIA:
30
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 SHORE VENTURES
ASSOCIATES, LLC ~ts heirs, assigns and successors in title are authorized to construct
33
34
and maintain a temporary encroachment for an access pier, pier and proposed finger p~ers
~n the City's right-of-way as shown on the map enbtled "EXHIBIT "A" PIEDMONT
35 CIRCLE", a copy of which ~s on file ~n the Department of Pubhc Works and to which
36 reference ~s made for a more particular descnpbon, and
37
BE IT FURTHER ORDAINED, that the temporary encroachments are
38 expressly subject to those terms, conditions and criteria contained ~n the Agreement
3 9 between the C~ty of V~rg~nla Beach and SHORE VENTURES ASSOCIATES, LLC, (the
"Agreement") which ~s attached hereto and ~ncorporated by reference; and
BE IT FURTHER ORDAINED that the City Manager or h~s authorized
42
43
designee is hereby authorized to execute the Agreement
BE IT FURTHER ORDAINED, that th~s Ordinance shall not be ~n effect until
44 such bme as Mike Megge, Managing Member, on behalf of SHORE VENTURES
45 ASSOCIATES, LLC and the City Manager or h~s authorized designee execute the
46
47
Agreement, and
BE IT FURTHER ORDAINED, that the Agreement, upon proper execubon by
SHORE VENTURES ASSOCIATES, LLC and the C~ty and recordation In the Office of the
4 9 Clerk of the C~rcu~t Court of the C~ty of V~rglma Beach, V~rg~ma, shall supersede the
50 aforemenboned Agreement recorded ~n Deed Book 4320, at Page 263
51
Adopted by the Councd of the C~ty of V~rg~ma Beach, Virg~ma, on the 27th
5 2 day of February
,2001
5 3 CA- /
54 R-1
5 5 PREPARED February 7, 2001
APPROVED AS TO CONTENTS
o
~/~ SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND-FORM
CITY ATTORNE~Y
~'10 ~ ..~ NOTE: NO FIELD WORK WAS PERFORMED AS TO THE LOCATION
OF THE EXISTING CHANNEL OR CONSTRUCTION BASE
LINES. THIS DRAWING IS COMPRISED BY OVERLAYING
.~~~ DRAWINGS ENTITLED "PLANS FOR DREDGING LYNNHAVEN
/ BOAT AND BEACH FACILITY CRAB CREEK" DATED OCTOBER
16, 2000, PREPARED BY WATERWAY SURVEYS AND
....~AN H. MORGA, A.,N," ENGINEERING, LTD., FOR THE CITY OF VIRGINIA BEACH,
1"67) VIRGINIA AND "PIEDMONT CIRCLE EXTENDED" DATED MARCH 10
'~ No./ 2000, PREPARED BY BOUNDARY FIRST, P. C.. LICENSEE DOES
THE SOUNDING DEPTHS AND CHANN~ DEPICTED HEREON.
5' WIDE
PIER SHADOW OF
WETLANDS
;E OF MARSH
)F MARSH/WATER
.~'
/
LOW TIDE MARKER
LOT 6
~DMO
cb'
IRC
5.0
PROPOSED FINGER
2' WIDE x 15'
~- BO'FrOM
(TYP.)
PI
o lO 20
4o
EXHIBI
PIEDM
EXISTING PIER
RCLE
,.....,'
SCALE: ~ 20'
SCALE IN FEET
1 "=20'
]~OUNDARY FIRST, P.C.
Surveyors, Engineers & Plonners
256 Mustong Troll, Suite 104
Virginio Beoch, Virginio, 25452
757)498-5602 tel.
757)498-5559 fox.
PREVIOUSLY SUBMITTED EXHIBITPLAT
APPROVED OCTOBER 24, 2000
BI(q. 320P60268
054?8
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Cfr
¥1ClllTY
HAP
C I FuruIIE CiTY OF VA
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APPL ICA#T:
SHOR( V(ITURES ASSOC.LLC.
22q8 CACvE~! ST.
YIIGIIIA
AG(IT:
(El THONPSQI
COISU~TAIT
S70S IOSUI OIIVl
CH(IAP(AKE,VA.ZS~ZI
71ZqlO0
PROPOSED I-SLIP
COlOOflllgM MOORi#G
FACILITY
PROPOSED flARIIA
Il OffAl CfllE[
LTIIHAV(I IlV(I
VllilliA IIACN
APP~ICAIT:
I#OI( YEITUI(I
I#((T'I o~ 3
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58 1-811 (a)(3)
AND 58 1-81 l(cX4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this 24th day of January , , ,2001, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a mumclpal corporation, Grantor,
"City", and SHORE VENTURES ASSOCIATES, LLC, a Virginia limited liabihty company, ITS
HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee"
WITNE$$ETH.
That, WHEREAS, the Grantee ts the owner of that certmn lot, tract, or parcel of
land designated and described as "Lots 6, 7 and 8, Block 3, Ocean Park" and
That, WHEREAS, It IS proposed by the Grantee to construct and maintain manna
moonng slips, "Temporary Encroachment", in the City of %rginia Beach, and
WHEREAS, ~n constructing and maintmmng the Temporary Encroachment, ~t is
necessary that the smd Grantee encroach into a pomon of those certain existing City rights of way
known as Piedmont Circle and Crab Creek, "The Encroachment Area", and said Grantee has
requested that the City permit a Temporary Encroachment within The Encroachment Area; and
WHEREAS, the said Grantee did receive approval fi.om the C~ty on October 24,
2000 for a Temporary Encroachmem within The Encroachment Area; and
GPIN 1489-58-6459
WHEREAS, the Grantee d~d enter ~nto an Agreement w~th the Cfly and the smd
Agreement was recorded on November 8, 2000 ~n Deed Book 4320, at Page 263 ~n the Office of
the Clerk of the C~rcmt Court of the City of V~rglma Beach, V~rgima, and
WHEREAS, the Grantee d~d, at some t~me later, determine that certmn ~nfonnat~on
contmned ~n Exhibit "A" attached to and made a part of the smd recorded Agreement contained
~nformat~on that was ~n error, and
WHEREAS, the Grantee has made the C~ty aware of thts error and has submitted
a revised Exhibit w~th correct information pertmmng to the requested Temporary Encroachment
w~th~n The Encroachment Area
NOW, THEREFORE, for and ~n consideration of the premises and of the benefits
accrmng or to accrue to the Grantee and for the further consideration of One Dollar ($1 00), ~n
hand prod, to the C~ty, recmpt of which ~s hereby acknowledged, the C~ty doth grant to the Grantee
permission to use The Encroachment Area for the purpose of constructing and ma~ntmnlng the
Temporary Encroachment
It ~s expressly understood and agreed that the Temporary Encroachment will be
constructed and mmntmned ~n accordance w~th the laws of the Commonwealth of V~rgqma and the
C~ty of V~rg~ma Beach, and ~n accordance w~th the C~ty's specfficat~ons and approval and is more
pamcularly described as follows, to w~t
A Temporary Encroachment ~nto The Encroachment
Area as shown on that certmn plat entitled "EXHIBIT
"A" · PIEDMONT CIRCLE", a copy of which ~s
attached hereto to which reference ~s made for a more
particular description
It is further expressly understood and agreed that the Temporary Encroachment
hereto authorized shall terminate upon not~ce by the C~ty to the Grantee, and that w~thln thirty (30)
days after such notice ~s gnven, 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 lndemmfy and
hold harmless the C~ty, ~ts agents and employees, from and against all clmms, damages, losses and
expenses ~nclud~ng 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
It ~s further expressly understood and agreed that nothing herein contained shall
be construed to enlarge such permiss~on and authority to permit the maintenance or construction
of any encroachment other than that specified herein and to the hmlted extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the Grantee
It ts further expressly understood and agreed that the Grantee agrees to maintatn
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 Serwces Center/Planning Department prior to commencing any
construction w~thln The Encroachment Area
It is further expressly understood and agreed that prior to issuance of a right of way
permit, the Grantee must post sureties, ~n accordance w~th their engineer's cost estimate, to the
Office of Development Servmes Center/Planning Department.
It is further expressly understood and agreed that the Grantee must obtmn and keep
force all-risk property ~nsurance and general liabfitty or such ~nsurance as ts deemed necessary
by the City, and all ~nsurance pohcles must name the C~ty as additional named Insured or loss
payee, as applicable The Grantee also agrees to carry comprehenstve general habfitty insurance
in an amount not less than $500,000 00, combined s~ngle limits of such ~nsurance pohcy or
pohctes The Grantee wtll provide endorsements providing at least thirty (30) days written notice
to the C~ty prior to the cancellation or term~natton of, or material change to, any of the insurance
pohc~es The Grantee assumes all responstbthttes and habthttes, vested or contingent, w~th relation
to the Temporary Encroachment
It ~s further expressly understood and at, reed that the Temporary Encroachment
must conform to the mtmmum setbacks reqmrements, as estabhshed by the C~ty
It ts further expressly understood and agreed that the City, upon revocation of such
authority and perm~sston so granted, may remove the Temporary Encroachment and charge the cost
thereof to the Grantee, and collect the cost ~n any manner promded by law for the collection of
local or state taxes, may reqmre the Grantee to remove the Temporary Encroachment, and if such
removal shall not be made within the time ordered herelnabove by this Agreement, the City may
~mpose a penalty ~n the sum of One Hundred Dollars ($100 00) per day for each and every day that
the Temporary Encroachment ~s allowed to continue thereafter, and may collect such compensation
and penalttes ~n any manner provided by law for the collection of local or state taxes
This Agreement shall supersede the Agreement premously recorded on November
8, 2000 in Deed Book 4320, at Page 263 tn the Office of the Clerk of the C~rcmt Court of the C~ty
of V~rgmta Beach, V~rglma
IN WITNESS WHEREOF, the said SHORE VENTURES ASSOCIATES, LLC
has caused this Agreement to be executed by MIKE MEGGE, Managing Member of SHORE
VENTURES ASSOCIATES, LLC, a V~rglnla lllnited lIability company, with due authority to bind
smd l~mlted liability company Further, that the City of V~rgmia has caused this Agreement to be
executed In ~ts name and on its behalf by ~ts 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 C~ty Manager
(SEAL)
ATTEST
C~ty Clerk
SHORE VENTURES ASSOCIATES,
LLC, a V~rg~n~ty company
By ~~~~ G~ng4e m(bSeEr AL)~
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-w~t
The foregoing Instrument was acknowledged before me this
day of
20O 1, by
.. , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER
Notary Pubhc
My Commission Expires.
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-mt
The foregoing instrument was acknowledged before me this
day of
...... 2001, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH
Notary Public
My Commission Expires
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-w~t
The foregoing instrument was acknowledged before me th~s 24th day of
January
,2001, by MIKE MEGGE, Managing Member of SHORE VENTURES
ASSOCIATES, LLC, a V~rg~ma hm~ted habfi~ty company
My Comm~smonExp~res August 31, 2002
APPROVED AS TO
LEGAL SUFFICIENCY
CITY ATT(~RNE~Y
APPROVED AS TO CONTENT
/
U~TY REAL ESTATE AGENT
Item VI-L2.d.
-31 -
ORDINANCES/RES OL UTION
ITEM # 47807
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl ADOPTED:
Ordtnance re temporary encroachment:
Into the Ctty's 70' dratnage easement for OLYMPIA BENDIX, LCC on the
west stde of Bendtx Road, south of Bonney Road, adjacent to 1-264, re
constructmg and mamtamtng parktng areas, dumpster pads and dratnage
facthttes (DISTRICT 3 - ROSE HALL)
The followtng conchttons shall be requtred
The temporary encroachment wtll be constructed and matntatned
tn accordance wtth the laws of the Commonwealth of Vtrgtnta
and the Ctty of Vtrgtnta Beach, and tn accordance wtth the Ctty's
spectficattons and approval
The temporary encroachment herein authorized termtnates upon
nottce by the Ctty to the Grantee, and that wtthtn thtrty (30) days
after the nottce ts gtven, the temporary encroachment must be
removed from the encroachment area by the Grantee, and that
the Grantee wtll bear all costs and expenses of such removal
The Grantee shall tndemntfy and hold harmless the City, tts
agents and employees, from and agamst all clatms, damages,
losses and expenses tncludtng reasonable attorney's fees tn case
tt shall be necessary to file or defend an actton artstng out of the
locatton or extstence of the temporary encroachment
Nothtng heretn contatned shall be construed to enlarge the
permtsston and authortty to permtt the matntenance or
constructton of any encroachment other than that spectfied
heretn and to the hmtted extent spectfied heretn, not topermtt the
maintenance and construction of any encroachment by anyone
other than the Grantee
The Grantee agrees to matntatn the temporary encroachment so
as not to become unstghtly or a hazard
The Grantee must obtatn a permtt from the Office of
Development Servtces Center/Planntng Department prtor to
commenctng any constructton wtthtn the encroachment area
The temporary encroachment must conform to the mtmmum
setbacks requirements, as estabhshed by the City
The Grantee must submtt for revtew and approval, a survey of
the encroachment area, certtfied by a regtstered professtonal
engtneer or a hcensed land surveyor, and/or "as built "plans of
the temporary encroachment sealed by a regtstered professtonal
engtneer, tf requtred by either the City Engtneer's Office or the
Engtneertng Dtvtston of the Pubhc Utthttes Department
February 27, 2001
Item Vl-I. 2. d.
- 32 -
ORDINANCES/RESOLUTION ITEM # 47807 (Continued)
The Ctty, upon revocatton of such authortty and permtsston so
granted, may remove the temporary encroachment and charge
the cost thereof to the Grantee, and collect the cost tn any
mannerprovtded by law for the collectton of local or state taxes,
may requtre the Grantee to remove the temporary encroachment,
and pendtng such removal the City may charge the Grantee for
the use of the encroachment area, the equtvalent of what would
be the real property tax upon the land so occupted tf tt were
owned by the Grantee, and tf such removal shall not be made
wtthtn the ttme ordered by this Agreement, the Ctty may tmpose
a penalty tn the sum of One Hundred Dollars ($100)per day for
each and every day that the temporary encroachment ts allowed
to continue thereafter, and may collect such compensation and
penalties tn any manner provided by law for the collectton of
local or state taxes
Vottng' 11-0 (By ConsenO
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and Rosemary Wdson
Councd Members Vottng Nay
None
Counctl Members Absent
None
February 27, 2001
Requested by Department of Pubhc Works
AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT
INTO A PORTION OF THE CITY'S 70'
DRAINAGE EASEMENT LOCATED
WITHIN THAT PROPERTY KNOWN
AS GPIN 1477-71-9744 BY OLYMPIA
BENDIX, LLC, ITS HEIRS, ASSIGNS
AND SUCCESSORS IN TITLE
WHEREAS, Olympia Bendix, LLC desires to construct and maintain certain
parking areas, dumpster pads and drainage fatalities into a portion of the City's 70' drainage
easement which crosses the rear portion of its property located on the, West Side of Ben&x
Road, 260' South of Bonney Road, Virginia Beach, Virginia (GPIN 1477-71-9744)
WHEREAS, City Council is authorized pursuant to §§ 15 2-2009 and 15 2-
07, Code ofVlrglma, 1950, as amended, to authorize a temporary encroachments upon the
City's easements 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
19
That pursuant to the authority and to the extent thereof contained in §§ 15 2-
20 2009 and 15 2-2107, Code of Vlrgima, 1950, as amended Olympia Bendix, LLC, its heirs,
assigns and successors in title is authorized to construct and maintain a temporary
22 encroachment for those certain parking areas, dumpster pads and drainage facilities into a
2 3 portion ofthe City's 70' drainage easement as shown on the plat entitled "ENCROACHMENT
24 EXHIBIT FOR CONVERGENCE CENTER BUILDING 'B'," a copy of which is on file in the
25 Department of Public Works and to which reference is made for a more particular
2 6 description, and
27
BE IT FURTHER ORDAINED, that the temporary encroachment is expressly
28 subject to those terms, conditions and criteria contained in the Agreement between the City
29 of Vlrg~ma Beach and Olympia Bendix, LLC (the "Agreement")whmh ~s attached hereto and
30 incorporated by reference, and
31
BE IT FURTHER ORDAINED that the City Manager or his authorized
designee is hereby authorized to execute the Agreement
33
BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
such time as Olympia Bendix, LLC and the City Manager or his authorized designee execute
the Agreement
36
day of
Adopted by the Council of the City of Virginia Beach, Vlrglma, on the27th
February
,2001
CA- cqgq
39
PREPARED February 6, 2001
APP/t~OVED AS TO CONTENTS
SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND~Vl
CITY ATTORNEY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58 1-81 l(aX3)
AND 58 1-811(c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made th,s O(d~'day of %[~KIl.~,q t~ l/ , 2001, by and between
the CITY OF VIRGINIA BEACH, VIRG~, a municipal corporation, Grantor, "City", and
Olympia Bendix LLC, a Virginia limited liability company, ITS HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE, "Gramee"
WITNESSETH'
That, WHEREAS, the Grantee is the owner of that certmn lot, tract, or parcel of land
designated and described as "Parcel 2, 7 914 acres, Resubdiwsion of Property of Olympia Bendix
LLC" (Map Book 287, at Pages 69 thru 73) and being further designated and described as GPIN
1477-71-9744, and
That, WHEREAS, it is proposed by the Grantee to construct and maintain parking areas
(asphalt, curb and gutter), dumpster pads and drainage facilities (pipe and catch basin), "Temporary
Encroachment", in the City of Virginia Beach, and
WHEREAS, ~n constructing and mmntalning the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of an existing 70' City drainage easement, "The
Temporary Encroachment Area", and the Grantee has requested that the C~ty permit a Temporary
Encroachment within The Encroachment Area
GPIN 1477-71-9744
NOW, THEREFORE, for and ~n consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further considerat~on of One Dollar ($1 00), ~n
hand paid to the City, receipt of which ~s 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 Virgnma and the
City of Virginia Beach, and in accordance with the C~ty's specffications and approval and is more
particularly described as follows, to wit
A Temporary Encroachment into The Encroachment
Area as shown on that certmn plat entitled'
"ENCROACHMENT EXHIBIT FOR
CONVERGENCE CENTER BUILDING 'B'," a copy
of which ~s attached hereto as Exhibit "A" and to
which reference ts 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 w~thin 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 ~s further expressly understood and agreed that the Grantee shall ~ndemmfy and hold
harmless the City, its agents and employees, from and against all clmms, 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
It ~s further expressly understood and agreed that nothing herein contmned shall be
construed to enlarge the permission and authority to permit the mmntenance or construction of any
encroachment other than that specffied herein and to the hm~ted 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 maintmn the
Temporary Encroachment so as not to become unsightly or a hazard
It ~s further expressly understood and agreed that the Grantee must obtmn a permit
from the Office of Development Serwces Center/Planning Department prior to commencing any
construction within The Encroachment Area
It is further expressly understood and agreed that the Temporary Encroachment must
conform to the minimum setbacks requirements, as estabhshed by the C~ty..
It is further expressly understood and agreed that the Grantee must submit for review
and approval, a survey of The Encroachment Area, cemfied by a registered professional engineer
or a l~censed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a
registered professional engineer, if reqmred 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 m any manner provided by law for the collection of
local or state taxes; may requtre 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
eqmvalent of what would be the real property tax upon the land so occupied ~f ~t were owned by
the Grantee; and if such removal shall not be made within the t~me ordered heremabove by this
Agreement, the City may impose a penalty ~n 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 smd OLYMPIA BENDIX LLC, a Virgima limited
habfi~ty company, has caused this agreement to be executed on ~ts behalf by OLYMPIA
PARTNERS 2000 LLC, a V~rg~nla limited hablhty company, by its Manager, w~th due authority
to bind said limited habfl~ty company Further, that the City of Vlrgima has caused this agreement
to be executed in tts name and on its behalf by its City Manager and its seal be hereunto affixed
and attested by ~ts Cay Clerk
CITY OF VIRGINIA BEACH
By
C~ty Manager/Authorized
Des~gmee of the City Manager
(SEAL)
ATTEST
City Clerk
A BENDIX LLC
[ C/~~IPIA PARTNERS 2000 LLC, Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-w~t
The foregoing instrument was acknowledged before me this
day of
.... 2001, by
..... CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER
Notary Pubhc
My Commission Expires'
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit
The foregoing instrument was acknowledged before me th~s
day of
, ,, 2001, by RUTH HODGES SMITH, C~ty Clerk for the CITY OF
VIRGINIA BEACH
Notary Pubhc
My Commission Expires.
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit
The forego,ng instrument was acknowledged before me this z~_d//'/Y< day of
~~ ~2001, by CECIL V CUTCHINS, Manager of OLYMPIA PARTNERS 2000
LLC, Manager, behalf of OLYMPIA BENDIX LLC
My Commission Expires
/~Noti~ry ~ubllc
APPROVED AS TO
LEGAL SUFFICIENCY
CITY ATTORNEY
APPROVED AS TO CONTENT
C-d'TY REAL ESCATE AGENT
LOCATION MAP
NON-
EAS(EMENT
U/C
SITE
/o
/
/
/
/
/
/
/ /
/ /
\
/
/
/
,,
LOCATION MAP
PROPOSED ENCROACHMENTS INTO
70' CITY DRAINAGE EASEMENT FOR
OLYMPIA BENDIX, LCC
WFSI SIDF: OF B£NDIX ROAD,
260' $OUII--I OF BO~N£Y ROAD
GPIN 1477-71-~744
SCALE:I" -- 200'
PREPARED BY P/W ENG. DRAFT. 06-FEB-2001
mo
&l., 1,.I
./"
ee
45
rq
C) Z
0
Z T
rq 0
P-I
x
Item VI-I. 3.
- 33 -
ORDINANCES/RES OL UTION
ITEM # 4 7808
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Ordtnance to APPROPRIATE $206,000 from the Ftre Programs fund
balance and $3, O00 from the Ftre Educatton Gtft Fund to the FY-2000-O]
operattng budget of the Ftre Department re pubhc safety and computer
equtpment
Voting 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wdson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
February 27, 2001
AN ORDINANCE TO APPROPRIATE $206,000
FROM THE FIRE PROGRAMS FUND BALANCE
AND $3,000 FROM FUND BALANCE IN THE
FIRE EDUCATION GIFT FUND TO THE FIRE
DEPARTMENT'S FY 2000-01 OPERATING
BUDGET TO PURCHASE PUBLIC SAFETY AND
COMPUTER EQUIPMENT
WHEREAS, state funding to assist local fire departments
9 with training, equipment, and supplies has accumulated in the Fire
10 Programs fund, and citizen donations to advance fire safety have
11 accumulated in the Fire Education Gift fund;
12
WHEREAS, the Fire department has researched and developed
13 a plan to deploy thermal imaging and computer systems that will
14 enable fire fighters to more readily locate persons and reduce the
15 time fire fighters spend in a hazardous environment; and
16
WHEREAS, the Fire Programs fund and the Fire Gift fund
17 have sufficient fund balance to accommodate these purchases.
18
19
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
20
1. That $206,000 is hereby appropriated from fund balance
21 in the Fire Programs fund to the Fire Department's FY 2000-01
22 Operating Budget for purchase of public safety and computer
23 equipment.
24
2. That $3,000 is hereby appropriated from fund balance
25 in the Fire Education Gift fund to the Fire Department's FY 2000-01
26 Operating Budget for the purchase of public safety and computer
27 equipment.
28
29
Adopted the 27thday of Febru, a~01, by the Council of the
City of Virginia Beach, Virginia.
30
31
32
33
CA8004
F:\Data\ATY\Ordin\NONCODE\FireFund.ord.wpd
February 20, 2001
R-4
34
35
36
37
APPROVED AS TO CONTENT
Manage~-n~ service ~~ ~ ~__
APPROVED AS TO LEGAL
SUFFICIENCY
City Attorney's Office
AN ORDINANCE TO APPROPRIATE $111,500 FROM FUND
BALANCE IN THE FEDERAL HOUSING ASSISTANCE
GRANT FUND TO THE FY 2000-01 OPERATING BUDGET
OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD
PRESERVATION FOR THE PURPOSE OF PROVIDING
FUNDING TO THE VIRGINIA BEACH COMMUNITY
DEVELOPMENT CORPORATION SO IT MAY ACQUIRE AND
REHABILITATE HOUSING FOR LOW-INCOME FAMILIES
9 WHEREAS, the City's Department of Housing and Neighborhood
10 Preservation provides annual funding to the Virginia Beach
11 Community Development Corporation ("VBCDC") so it may acquire and
12 rehabilitate housing to assist low-income families;
13 WHEREAS, additional City contributions are needed by the VBCDC
14 to leverage funding to receive federal tax credits to acquire and
15 rehabilitate iow-income housing units; and
16 WHEREAS, this need can be met by appropriating $111,5000 of
17 available fund balance in the Federal Housing Assistance Grant
18 fund.
19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21 That $111,500 of fund balance from the Federal Housing
22 Assistance Grant fund is hereby appropriated to the FY 2000-2001
23 Operating Budget of the Department of Housing and Neighborhood
24 Preservation for the purpose of providing funding for the Virginia
25 Beach Community Development Corporation to acquire and rehabilitate
26 housing for iow-income families.
27 Adopted by the Council of the City of Virginia Beach,
28 Virginia, on the 27th day of Februa~ , 2001.
29
30 Requires an affirmative vote by a majority of the members of
31 City Council.
CA-8002
F:\Data\ATY\Ordin\NONCODE\VaBchComDev.ord.wpd
February 22, 2001
R-5
Approved as to Content: Approved as to Legal
Manag~ent ~city ~ttorney's O~ice
Services~~
Item VI-I. 4.
- 34 -
ORDINANCES/RES OL UTION
ITEM # 4 7809
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Ordtnance to APPROPRIATE $111,500 from the Vtrgtnta
Beach Commumty Development Corporatton (VBCDC) tn
HOME program income to the FY 2000-O1 operattng budget of
the Department of Houstng and Netghborhood Preservatton re
housing for low income families.
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Councd Members Vottng Nay
None
Counctl Members Absent
None
February 27, 2001
Item VI-I.$.
- 35-
ORDINANCES/RES OL UTION
ITEM # 47810
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Ordtnance to TRANSFER $850, O00 from vartous projects wtthtn the FY
2001-2006 Capital Improvement Program (CIP) to Kempsville Meadows
Elementary School replacement project
Vottng 11-0 (By Consent)
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and Rosemary Wdson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
February 27, 2001
AN ORDINANCE TO TRANSFER $850,000
FROM VARIOUS PROJECTS WITHIN THE FY
2001-2006 CAPITAL IMPROVEMENT
PROGRAM TO CIP PROJECT #1-218,
KEMPSVILLE MEADOWS ELEMENTARY SCHOOL
REPLACEMENT, TO COMPLETE THE PROJECT
WHEREAS, CIP Project #1-218,Kempsville Meadows Elementary
8 School Replacement, requires additional funding totaling $850,000
9 to maintain the proposed schedule for completion of the facility;
10 and
11
WHEREAS, the following capital projects are completed and
12 have available funding, as detailed below, totaling $850,000 that
13 may be transferred to complete the Kempsville Meadows Elementary
14 School Replacement project:
15
(a) $20,000 from CIP Project #1-047, Christopher Farms
16 Elementary;
17
(b) $30,000 from CIP Project #1-199, Princess Anne High
18 School Fire;
19
(c) $300,000 from CIP Project #1-063, Indoor Air Quality
20
Improvements;
21
(d) $300,000 from CIP Project #1-083, Renovations and
22
Replacements Reroofing; and
23
(e) $200,000 from CIP Project #1-084, Renovations and
24
Replacements HVAC Systems.
25
26
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
27
1. That $850,000 is hereby transferred from the following
28 School CIP Projects, in the amounts as specified below, to CIP
29 Project #1-218, Kempsville Meadows Elementary School Replacement,
30 for the purpose of completing the project:
31
(a) $20,000 from CIP Project #1-047, Christopher Farms
32 Elementary;
33
(b) $30,000 from CIP Project #1-199, Princess Anne High
34 School Fire;
35 (c) $300,000 from CIP Project #1-063, Indoor Air Quality
36
37
Improvements;
(d) $300,000 from CIP Project #1-083, Renovations and
38
39
40
Replacements Reroofing; and
(e) $200,000 from CIP Project #1-084, Renovations and
Replacements HVAC Systems.
41
42
43
44
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 27th day of February , 2001.
Requires an affirmative vote by a majority of the members
of City Council.
45
46
47
48
CA8003
F: ~Data\ATY\Ordin\NONCODE\Kempsville Meadows. ord. wpd
February 20, 2001
R-2
49
50
51
52
53
54
Approved as to Content:
Approved as to Legal
Sufficiency:
IRGINIA BEACH
CiTY PUBLIC
SCHOOLS
AHEAD OF THE CURVE
CIP 1-218 KEMPSVILLE MEADOWS ELEMENTARY SCHOOL REPLACEMENT
CAPITAL IMPROVEMENT PRO GRAM
TRANSFER OF FUNDS
WIIEREAS, the School Board adopted the attached resolution (Kempswlle Meadows Elementary School
Replacement) on August 1,2000, and
WHEREAS, the attached resolution re&cared that staff would tdent~ appropnahons from the C[P for transfer
into CIP 1-218 prior to advertising the project for b~d, and
WHEREAS, the Office of Facfithes Planmng & Construchon has evaluated several CIP projects whmh are
completed and ready for close-out, and
WHEREAS, transfers between capital projects are reqmred tn order to properly complete the Kempsvfile
Meadows Elementary School Replacement project as proposed,
now therefore be ~t
RESOLVED: That the School Board requests that Ctty Council approve the transfers outhned as follows
~"r f} m
C[P 1-047
Christopher Farms Elementary
C[P 1-199
Pnncess Anne H~gh School F~re
CIP 14)63
Indoor Air Quahty Improvements
Amount
$ 20,000
$ 30,000
$300,000
CIP 1-218
Kempsvdle Meadows Elementary Replacement
CIP 1-218
Kemps,alle Meadows Elementary Replacement
CIP 1-218
Kempswlle Meadows Elementary Replacement
CIP 1-083
Renovations & Replacements Reroofing
CIP 1-084
Renovations & Replacements HVAC Systems
$300,000
$200,000
CIP 1-218
Kempswlle Meadows Elementary Replacement
CIP 1-218
Kempswlle Meadows Elementary Replacement
RESOLVED: That a copy of this resolutton be dehvered promptly to each member of Ctty Council, the C~ty
Manager, and the C~ty Clerk by the Clerk of the Board
SEAL
Attest
D~anne P. Alexander, Clerk of the Board
Adopted by the School Board of the C~ty of VILg~ma Beach January 23,200L
Dantel D. FCt~IEF~[~A
AND CORRECT QOPY '
City of
School kdmmnlstnt]on Budding · 2512 George Ha,son Drr,,e · P O Box 6038 · Virg~rua Beach. VA 23456-0038
' / IRGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
KEMPS~LLE MEADOWS ELEMENTARY SCHOOL REPLACEMENT
WHE~AS, the members of the School Board understand they are stewards of the Public's trust and fully
recognize the importance of fiscal responstbihty, and
WIt-EREAS, Bids were received for the proposed modermzatton of Kempsvfile Meadows Elementary
School on June 13, 2000, and
WHE~AS, The low b~d of $7,246,000 exceeds the current construction budget of $5,797,181, and
WHEREAS, The Office of Facihties Planning & Construction and the project architect, Cederquist
Rodnguez Rlpley Maddux, have evaluated the feaslbihty of replacing the existing Kempsvtlle Meadows
facility with the prototype plan, and
WHEREAS, Cederquist Rodnguez Ripley Maddux have recommended that ~t ts ~n the best interest of
Virginia Beach City Pubhc Schools to tear down the extsting Kempsvfile Meadows facility and replace it
w~th the prototype plan,
now, therefore, be ~t
RESOLVED: That the School Board authorizes staff to proceed wtth the planning necessary to replace the
existing Kempsvflle Meadows facility with the prototype plan, including.
\
· Inc"easing the existing Agreement Between Owner and Architect by greater than twenty-five
percent of the original amount in accordance wtth Virginia Pubhc Procurement Act, Section
11-55 in order to modify the contract documents.
· Identifying appropriations from the CIP for transfer into CIP 1-218 prior to advertising the
project for bid. A recommendation for transfer of funds is expected to occur during initial
consideration of the 2001/02 CIP in December 2000.
· Delaying by a year the boundary adjustment between Windsor Oaks Elementary School and
Kempsville Meadows Elementary School approved by the School Board on April 4, 2000, and
scheduled for the 2002/03 school year,
and be ~t further
RESOLVED: That a copy of this resolution be delivered promptly to each member of C~ty Council, the
City Manager, and the City Clerk by the Clerk of the Board.
Adopted by the School Board of the City of Vtrgima Beach August 1, 2000
Darnel D. Edwards, Chatrman
SEAL
Attest
Dtanne P. Alexander, Clerk of the Board
Sdv:~ Administr~tion Budding · 2512 George Mason Ch-we · R O. Box 6038 · V~rgmia Beach. VA 23456-0038
- 36-
Item VI-I. 6.
ORDINANCES/RES OL UTION
ITEM # 4 7811
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Council ADOPTED:
Resolutton re apphcatton to the Commonwealth Transportation Board for
destgnatton of the segment of Sandbrtdge Road between New Brtdge Road
and Sandfiddler Road as a Virginia Byway (DISTRICT 7- PRINCESS
ANNE) (Requested by Counctl Lady Barbara Henley)
Vottng 8-2 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr, Barbara M Henley,
Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker,
Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wdson
Counctl Members Vottng Nay
Margaret L. Eure and Reba S McClanan
Counctl Members Abstatmng
Louts R Jones
Counctl Members Absent
None
Counctlman Jones DISCLOSED andABSTAINED as he has an ownershtp tnterest tn Resource Bank which
exceeds 3°/6 of the asset value of the bank Resource Bank holds a note on the Lotus Creek property Whtle
thts resolutton does not spectfically address the Lotus Creek property, the City Attorney has advtsed that tt
ts reasonably foreseeable that any actton taken by Ctty Counctl on the extenston of Ntmmo Parkway could
have a chrect or tndtrect financtal benefit or determent on the Lotus Creek Development Councilman Jones'
letter of January 23, 2001, ts hereby made a part of the record
February 27, 2001
1 Requested by Councilwoman Barbara M. Henley
A RESOLUTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO MAKE APPLICATION TO THE
COMMONWEALTH TRANSPORTATION BOARD FOR THE
DESIGNATION OF THE SEGMENT OF SANDBRIDGE ROAD
BETWEEN NEW BRIDGE ROAD AND SANDFIDDLER ROAD
AS A VIRGINIA BYWAY
WHEREAS, by Resolution adopted on February 6, 2001, the
9 City Council declared its intention that Nimmo Parkway shall not be
10 constructed east of Atwoodtown Road; and
11
WHEREAS, it is the intention of the City Council that
12 improvements shall be made to Sandbridge Road so as to enhance its
13 safety, convenience and utility as the primary means of access to
14 Sandbridge; and
15
WHEREAS, Virginia Code Section 33.1-63 defines the term
16 "Virginia Byway" as "a road . . having relatively high aesthetic
17 or cultural value, leading to or within areas of historical,
18 natural or recreational significance;" and
19
WHEREAS, to be considered for designation as a Virginia
20 Byway, a segment of road must substantially meet certain criteria,
21 to - wit:
22
(1) The route provides important scenic values and
23 experiences;
24
(2) There is a diversity of experiences, as in
25
transition from one landscape scene to another;
26
(3) The route links together or provides access to
27
scenic, historic, recreational, cultural, natural
28
and archaeological elements;
29
(4) The route bypasses maj or roads or provides
30
opportunity to leave high-speed routes for variety
31 and leisure in motoring;
32 (5) Landscape control or management along the route is
33 feasible;
34
(6) The route allows for additional features that will
35
enhance the motorist's experience and will improve
36 safety; and
37
(7) The local government has initiated zoning or other
38
land-use controls, so as to reasonably protect the
39
aesthetic and cultural value of the highway; and
40
WHEREAS, it is the sense of the City Council that the
41 segment of Sandbridge Road between New Bridge Road and Sandfiddler
42 Road possesses the aforesaid characteristics, such that it should
43 be designated as a Virginia Byway;
44
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
45 OF VIRGINIA BEACH, VIRGINIA:
46
That the City Manager be, and hereby is, authorized and
47 directed to make application to the Commonwealth Transportation
48 Board for the designation of the segment of Sandbridge Road between
49 New Bridge Road and Sandfiddler Road as a Virginia Byway, and to
50 transmit a copy of such application to the Director of the
51 Department of Conservation and Recreation.
52
Adopted by the Council of the City of Virginia Beach,
53 Virginia, on the 27th day of February , 2001.
54
55
56
57
CA-7998
wmm~ ordres ~ vabyway, res
R-2
February 20, 2001
-37-
Item VI-I. 7.
ORDINANCES/RES OL UTION
ITEM # 4 7812
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl APPROVED:
REFUNDS:
License - $17,278.66
Tax - $ 2,441.90
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Council Members Absent
None
February 27, 2001
PO~l NO CA 8FtEV
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applicabons for license refunds, upon cert~ficabon
of the Comm~ssaoner of the Revenue are hereby approved:
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
A & A INTERNATIONAL LTD
BURTON ROOFING II INC
C W T MASONRY INC
CASTLE JASON ANDERSON
COUSIN SPORTS FOOD INC
DINE & DASH INC
DRAGON STATION INC
DRYTECH RESTORATION INC
FUNG LIN RESTAURANT
G WEINBERG INC
GLORYS BAKERY INC
HUDSON PATRIClAN
JB MAIR DEVELOPMENT CORP
MARINER ASSOC A LTD
MARJOS COMPLETE REMODELING SERVICE
MARRIOT CORP/FAIRFIELD INN
MCHUGH TIMOTHY P SR
MEDICAL HAIR CENTER OF VA INC
MEGABYTES CYBER CAFI~ LLC
MELTON IVER W
MENS WAREHOUSE INC THE
MOBILE ENVIRONMENT INC
MILLARD CASEY FREDERICK
NATIONAL ICEE CORPORATION
PACIFIC TRADING INC
PAN WEST INC
PATEL BHAVESH P
PJ CHEESE INC
PROGRAM MANAGEMENT INC
RIBS & WINGS INC
RICKY BS INC
RLY ENTERPRISES INC
SMINK THOMAS & ASSOCIATES PC
SMITH-FAISON MILITARY SALES CO
STRICKLAND FRED B
SUPPLY SIDE ENTERPRISES INC
TARBUTTON LLOYD T GEN PARTNER
TERRY INDUSTRIES INC
VIRGINIA RSA 8 CELLULAR LP
WAFFLE SHOP OF ACKLEN INC
01/09/01 AUDIT 991 54 158 48 1,150 02
08/08/01 2001 50 00 0 00 50 00
01/11/01 AUDIT 40 22 12 69 52 91
01/02/01 AUDIT 10 00 I 83 11 83
12/29/00 AUDIT 145 51 0 00 145 51
12/29/00 AUDIT 89 84 0 00 89 84
01/16/01 AUDIT 112 83 10 34 123 17
01/03/01 AUDIT 2,680 89 276 79 2,957 68
12/29/00 AUDIT 292 09 0 00 292 09
01/04/01 2001 10 00 0 00 10 00
12/29/00 AUDIT 11 70 0 00 11 70
01/18/01 2001 68 30 0 00 68 30
01/05/01 2001 40 00 0 O0 40 00
01/12/01 AUDIT 2,770 50 17 02 2,787 52
12/28/00 AUDIT 349 63 29 35 378 98
12/29/00 AUDIT 461 20 105 82 567 02
01/08/01 2001 50 00 0 00 50 00
01/12/01 AUDIT 224 27 57 81 282 08
12/29/00 AUDIT 30 00 2 84 32 84
01/16/01 AUDIT 48 08 10 22 58 30
12/28/00 AUDIT 54 68 12 72 67 40
01/18/00 2001 119 47 0 00 119 47
01/11/01 AUDIT 10 00 2 08 12 08
01/18/01 2001 40 00 0 00 40 00
01/05/01 AUDIT 15 66 I 16 16 82
01/16/01 AUDIT 150 65 36 49 187 14
01/12/01 AUDIT 187 07 17 94 205 01
01/08/01 AUDIT 814 34 72 16 886 50
01/17/01 1998-99 118 49 0 00 118 49
12/29/00 AUDIT 10 00 0 00 10 00
01/10/01 AUDIT 22 11 4 05 26 16
01/11/01 AUDIT 16 62 2 87 19 49
01/08/01 AUD;T 162 32 27 80 190 12
01/12/01 AUDIT 40 43 0 00 40 43
12/29/00 AUDIT 140 62 31 20 171 82
12/29/00 AUDIT 1,126 61 31 40 1,158 01
01/17/01 AUDIT 649 87 119 10 768 97
12/29/00 AUDIT 2,705 02 228 99 2,934 01
01/10/01 2000 885 18 0 00 885 18
12/28/00 AUDIT 222 79 38 98 261 77
iO Im~fim~id st aY~on-er'O';J~e-I~'ev~nue
~~Approve s ·
C~ty Attorney's Office
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling
City of Virginia Beach on the
17,278.66 were approved by the Council of the
27th day of February ,20 01
Ruth Hodges Smith
City Clerk
I
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 followxng applications for tax refunds upon certification of the Treasurer are hereby approved
Tax Type Ticket Exoneration Date
NAME Year of Tax Number Number Prod Penalty Int.
Total
Abadi, Norma 2001
Acloss, Alta H 2001
Ford, Wanda & Francis E L II 2001
Haycox, Frederick A III Trustee 2001
Powell, Rachard H Jr 2001
Simons, Albert W Jr 2001
Stephens, Alan R & Anne W 2001
Vlrg~ma Beach Exterrmnating Co 2001
Virginia Beach Exterrmnating Co 2001
Waltnp, George David & RoNn 2001
Waltnp, George David & Robin 2001
Pumam, Gordon & Ehzabeth 2001
Winter, Debbie 2000
Winter, DebNe ', 2000
RE(1/2) 01-000055-3 12/05/00
RE(l/2) 01-000361-2 EA 11/20/00
RE(l/2) 01-042377-6 11/21/00
RE(1/2) 01-054931-0 12/05/00
RE(l/2) 01-100937-5 EA 12/05/00
RE(l/2) 01-115731-1 12/05/00
RE(l/2) 01-120748-2 EA 12/05/00
RE(l/2) 01-130285-0 11/15/00
RE(l/2) 01-130286-9 11/15/00
RE(l/2) 01-131961-9 EA 11/29/00
RE(l/2) 01-131962-8 EA 11/29/00
DT 22756 01/06/01
DT 23300 03/06/00
DT 23299 03/06/00
916 56
466 67
23 02
590 47
31 62
82 35
106 38
6 65
7 83
143 35
61 00
2 00
2 00
2 00
TOTAL:
2,441.90
This ordinance shall be effective from date of adoption
The above abatement(s) totaling
$ 2,441.90
were approved by
the Council of the City of Virginia Beach
on the 27th day of February
Ruth Hodges Srmth
City Clerk
Certff~edi~s ]to paymen/~
Jot~ Atklnson, T~rea~urer
Approved as to form
..~L'~he L"'Lflley, City Attomey
I
- 38-
Item VI-J.
PLANNING
ITEM # 47813
1.EXCESS PROPERTY/CONVEY U.S. FISH &
WILDLIFE SER VICE
NIMMO PARKWAY (formerly Ferrell)
LOTUS GARDEN FARMS PROPERTY
2. CITY OF VIRGINIA BEACH
STREET CLOSURE
3. BILL Y W. CHAPLAIN
CONDITIONAL CHANGE OF ZONING
CONDITIONAL USE PERMIT
4. RH BUILDERS
CHANGE OF ZONING
CONDITIONAL USE PERMIT
5. CH & B ASSOCIATES, L.L.P.
CONDITIONAL CHANGE OF ZONING
6. TALC/~EWTOWN ASSOCIA TES
CONDITIONAL USE PERMIT
7. MA TTHEW D. FINE
CONDITIONAL USE PERMIT
8. CHARLES G. BARKER
CONDITIONAL USE PERMIT
9. KENNETH A. HALL
CONDITIONAL USE PERMIT
10. HALL TIDEWATER LTD. PARTNERSHIP CONDITIONAL USE PERMIT
11. YMCA OF SOUTH HAMPTON ROADS
CONDITIONAL USE PERMIT
February 27, 2001
- 39-
Item VI-J.
PLANNING
ITEM # 4 7814
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd APPROVED in ONE
MOTION Items 3 (DEFERRED), 4, 5, 7, 8, 9, 10 and 11 of the PLANNING AGENDA
Item K 3 was DEFERRED until the City Council Session of March 13, 2001, BY CONSENT
Vottng 11-0
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Wdham D Sessoms, Jr and Rosemary Wdson
Councd Members Vottng Nay
None
Counctl Members Absent
None
Councdman Harrison ABSTAINED on ttem 5 (CH & B ASSOCIATES), as hts law firm represents the two
famdy trusts whtch form thts orgamzatton
Counctl Lady McClanan voted a VERBAL NAY on Item 7 (Matthew D Fine)
February 27, 2001
- 40-
Item VI-J.2.
PLANNING
ITEM it 4 7815
A motion was made by Council Lady Henley, seconded by Councdman Harrison to ADOPT the Petttton of
the CITY OF VIRGINIA BEACH, with the revtsed con&ttons tn the amended Or&nance, for the
&sconttnuance, closure andabandonment of the pubhc right-of-way for Nimmo Parkway (formerly known
as Ferrell Parkway) begtnnmg at Atwoodtown Road rtght-of-way to a potntjust west of the rtght-of-way's
tntersectton wtth extsttng Sandbrtdge Road, contammg 750, 000 square feet (DISTRICT 7- PRINCESS ANNE
A SUBSTITUTE MOTION was made by Councd Lady McClanan, seconded by Councd Lady Wdson to
DENY the Petttton of the CITY OF VIRGINIA BEACH for the dtsconttnuance, closure andabandonment
of the pubhc rtght-of-way for Nimmo Parkway ~ormerly known as Ferrell Parkway) begtnntng at
Atwoodtown Road rtght-of-way to a pomt just west of the rtght-of-way's tntersectton with extsttng
Sandbrtdge Road, contatmng 750, 000 square feet (DISTRICT 7- PRINCESS ANNE
Vottng
3-7 (SUBSTITUTE MOTION LOST TO A NEGATIVE VOTE)
Counctl Members Vottng Aye
Margaret L Eure, Reba S McClanan and Rosemary Wdson
Counctl Members Vottng Nay
Ltnwood 0 Branch, III, Wilham W Harrtson, Jr, Barbara M Henley,
Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker
and Vtce Mayor Wdham D Sessoms, Jr
Counctl Members Abstatntng
Louts R Jones
Counctl Members Absent
None
Counctlman Jones DISCLOSED and ABSTAINED as he has an ownershtp tnterest tn Resource Bank whtch
exceeds 3% of the asset value of the bank Resource Bank holds a note on the Lotus Creekproperty The Ctty
Attorney has advtsed that tt ts reasonably foreseeable that any actton taken by Ctty Counctl on the extenston
of Ntmmo Parkway could have a dtrect or tnchrect financtal benefit or determent on the Lotus Creek
Development Counctlman Jones' letter of January 23, 2001, ts hereby made a part of the record
(THIS ITEM WAS VO TED UPON B EF ORE THE APPR 0 VAL OF THE EXCESS PR OPER TY/NIMMO
PARKWA Y/LOTUS GARDEN FARMS PROPERTY).
February 27, 2001
Item VI-d.2.
- 41 -
PLANNING
ITEM # 4 7815 (Continued)
Upon motton by Councd Lady Henley, seconded by Councdman Harrtson, Ctty Councd ADOPTED,
ORDINANCE WITH REVISED CONDITIONS, the Petttton of the CITY OF VIRGINIA BEACH for the
&scontmuance, closure and abandonment of the pubhc right-of-way for Nimmo Parkway (formerly known
as Ferrell Parkway)
Or&nance upon apphcaaon of the Cay of Vtrgtnta Beach for the
vacaaon, dtsconttnuance and closure of the pubhc rtght-of-way for
Ntmmo Parkway (formerly known as Ferrell Parkway) begtnntng at the
eastern hne of the Atwoodtown Road rtght-of-way to a potnt
approxtmateIy four thousand five hundred (4,500)feet to the east, just
west of the rtght-of-way's tntersectton wtth extsttng Sandbrtdge Road
The portton of the rtght-of-way to be vacated contatns approxtmately
750, 000 square feet (DISTRICT 7 - PRINCESS ANNE
The following conchttons shall be requtred
The Ctty wdl retain such tnterest as ts necessary to matntatn
current utilities, mstall future utthttes and to install bike path
improvements tn the future, whtch ts anttctpated to be a 20'strip
tn fee stmple over the Ctty's extsttng utthty hnes and 10'
constructton and maintenance easements on etther stde
3-2
The City Attorney's Office wall make the final determtnatton
regardtng ownershtp of the underlying fee The Ct _ty Manager ts
authortzed to convey anyportton of the rtght-of-waY not retatned
by the Ctty to the Umted States of Amertca to be admtmstered by
the U S Ftsh& Wddhfe Servtce as a part o_f the Back Bay
Nattonal Wddhfe Re£uge pursuant to defintttve agreements to be
entered into between the Cay and the Umted States of America
pursuant to the Memorandum of Understan&ng dated Februa~_
6, 2001, between the Ctty and U S Ftsh 7 Wddhfe Service The
purchase price to be pard to the City shall be determtned
accordtng to the "Pohcy Regardmg Purchase of City's Interest
tn Streets Pursuant to Street Closures," approved by Ctty
Councd Coptes of the pohcy are avadable tn the Planntng
Department
4-3
The apphcant ts requtred to resubdtvtde the property and vacate
.al__ Ii .......... J_....
internal lot hnes
~ ....~ ............... ,_ pl d app
~,,y ~. ,,~,,,,. ~.~,, The at must besubmtttedan roved
for recordation prior to final street closure approval
~4
The apphcant ts requtred to verify that no prtvate utthttes extst
wtthtn the rtght-of-way proposed for closure If prtvate utthttes
do extst, easements sattsfactory to the utthty company, must be
provtded
February 27, 2001
Item VI-d.2.
- 42 -
PLANNING
ITEM # 47815 (Continued)
6-5 Closure of the rtght-of-way shall be conttngent upon comphance
with the above stated conditions on or before Februarp 2 7, 2002
noted above are not accomphshed and a final plat ss not
approved wtthtn 1 year of the Ctty Counctl's vote to close the
roadway, thts approval wtll be constdered null and votd
Vottng 7-3
Counctl Members gottng Aye
Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr, Barbara M Henley,
Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker
and Vtce Mayor Wdham D Sessoms, Jr
Counctl Members Vottng Nay
Margaret L Eure, Reba S McClanan and Rosemary Wtlson
Counctl Members Abstatntng
Louts R Jones
Counctl Members Absent
None
Counctlman Jones DISCLOSED andABSTAINED as he has an ownershtp tnterest tn Resource Bank whtch
exceeds 3% of the asset value of the bank Resource Bank holds a note on the Lotus Creekproperty The Ctty
Attorney has advised that st ts reasonably foreseeable that any action taken by Ctty Counctl on the extenston
of Nimmo Parkway could have a dtrect or mdtrect financtal benefit or detrtment on the Lotus Creek
Development Counctlman Jones' letter of January 23, 2001, ts hereby made a part of the record
(THIS ITEM WAS VO TED UPON BEFORE THE ORDINANCES FOR EXCESS PR OPER TY/NIMMO
PARKWA Y/LOTUS GARDEN FARMS PROPERTY).
February 27, 2001
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET KNOWN AS NIMMO PARKWAY (FORMERLY
KNOWN AS FERRELL PARKWAY) AS SHOWN ON
THAT CERTAIN PLAT ENTITLED: "PLAT OF STREET
CLOSURE OF A PORTION OF FERRELL PARKWAY
RIGHT-OF-WAY VIRGINIA BEACH, VIRGINIA".
WHEREAS, on February 27, 2001, the City of Virginia Beach, Virginia, applied to
the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street
discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said street be discontinued, closed,
and vacated, subject to certain conditions having been met on or before February 27, 2002;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the
hereinafter described street be discontinued, closed and vacated, subject to certain conditions being
met on or before February 27, 2002:
All that certain lot, piece or parcel of land, situate, lying and
being in the City of Virginia Beach, Virginia, more
particularly described as "DENOTES R/W CLOSURE;
AREA: 774,569 SQ. FT. = 17.18165 ACRES" as shown on
the plat entitled: "PLAT OF STREET CLOSURE OF A
PORTION OF FERRELL PARKWAY RIGHT-OF-WAY~
VIRGINIA BEACH, VIRGINIA," dated February 14, 2001,
Scale 1 ''= 100' and prepared by Survey Bureau, Engineering
Division, Department of Public Works, Virginia Beach.
Virginia.
SECTION II
The following conditions must be met on or before February 27, 2002:
1. The City will retain such interest as is necessary to maintain current utilities,
install future utilities and to install bike path improvements in the future; which is anticipated to be
a 20' strip in fee simple over the City's existing utility lines and 10' construction and maintenance
easements on either side.
2. The City Attorney' s Office will make the final determination regarding ownership
of the underlying fee. The City Manager is authorized to convey any portion of the right-of-way not
retained by the City to the United States of America to be administered by the U. S. Fish & Wildlife
GPIN:
Service as a part of the Back Bay National Wildlife Refuge pursuant to definitive agreements to be
entered into between the City and the United States of America pursuant to the Memorandum of
Understanding dated February 6, 2001 between the City and the U. S. Fish & Wildlife Service. The
purchase price to be paid to the City shall be determined according to the "Policy Regarding
Purchase of City's Interest in Streets Pursuant to Street Closures," approved by
City Council. Copies of the policy are available in the Planning Department.
3. The applicant is required to resubdivide the property and vacate internal lot lines.
The plat must be submitted and approved for recordation prior to final street closure approval.
4. The applicant is required to verify that no private utilities exist within the right-of-
way proposed for closure. If private utilities do exist, easements satisfactory to the utility company,
must be provided.
5. Closure of the right-of-way shall be contingent upon compliance with the above
stated conditions on or before February 27, 2002. If all conditions noted above are not accomplished
and a final plat is not approved within 365 days ofthe City Council's vote to close the roadway, this
approval will be considered null and void.
SECTION III
1. If the preceding conditions are not fulfilled on or before February 27, 2002,
this Ordinance will be deemed null and void without further action by the City Council.
2. If all conditions are met on or before February 27, 2002, the date of final
closure is the date the street closure ordinance is recorded by the City Attorney.
SECTION IV
1. A certified copy of this Ordinance shall be filed in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH as "Grantee.".
27
Adopted by the Council of the City of Virginia Beach, Virginia, on this ~ day
of February ,2001.
APPROVED AS TO CONTENT
Planmr~Dep~rtment
APPROVED AS TO LEGAL SUFFICIENCY
Law Department
Item VI-J.I.
- 43 -
PLANNING
ITEM # 47816
Upon motton by Counctl Lady Henley, seconded by Councilman Harrtson Ctty Council ADOPTED:
Or&nances to declare parcels of ctty-owned land EXCESS
PROPERTY; and, authortze the City Manager to convey same to the
Untted States of Amertca, admtntstered by the U. S. Fish and Wildlife
Service as part of the Back Bay Nattonal Wtldhfe Refuge, tn accordance
wtth defintttve agreements pursuant to the Memorandum of
Understanding and the revtsed condtttons tn the amended Ordtnance
(DISTRICT 7 - PRINCESS ANNE)
a Extstmg rtght-of-way for Nimmo Parkway (formerly Ferrell
Parkway), whtch hes east of Atwoodtown Road, just west of the
rtght-of-way tntersectton wtth Sandbrtdge Road, contatntng
approxtmately 17, 78175 acres
b 23 6 acres off Lotus Drtve, known as the Lotus Garden Farms
property (Parcels B-2 and B-3-A)
Vottng 7-3
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr, Barbara M Henley,
Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker
and Vtce Mayor Wtlham D Sessoms, Jr
Council Members Vottng Nay
Margaret L Eure, Reba S McClanan and Rosemary Wdson
Council Members Abstatntng
Louts R Jones
Council Members Absent
None
Counctlman Jones DISCLOSED and ABSTAINED as he has an ownershtp interest tn Resource Bank whtch
exceeds 3% of the asset value of the bank Resource Bank holds a note on the Lotus Creekproperty The Ctty
Attorney has advtsed that tt ts reasonably foreseeable that any actton taken by City Counctl on the extenston
of Ntmmo Parkway could have a dtrect or tndtrect financtal benefit or determent on the Lotus Creek
Development Counctlman Jones' letter of January 23, 2001, ts hereby made a part of the record
(THIS ITEM WAS VOTED UPON AFTER APPROVAL OF THE STREET CLOSURE)
February 27, 2001
ORDINANCE NO.
AN ORDINANCE DECLARING CERTAIN CITY
PROPERTY EXCESS AND AUTHORIZING
THE CITY MANAGER TO CONVEY SAME TO
THE UNITED STATES OF AMERICA TO BE
ADMINISTERED BY THE U. S. FISH &
WILDLIFE REFUGE AS PART OF BACK BAY
NATIONAL WILDLIFE REFUGE
WHEREAS, the City of Virginia Beach (the "City") acquired ownership of a
certain parcel of real property containing approximately 17.78175 acres, known as a
portion of the existing right-of-way for Nimmo Parkway, which lies east of Atwoodtown
Road to a point four thousand four hundred forty five (4,445) feet to the east, just west of
such right-of-way's intersection with Sandbridge Road in the City of Virginia Beach, Virginia
6 (the "Property") by instruments recorded ~n Deed Book 2985, at page 0567; Deed Book
4191, at page 0768; Deed Book 3566, at page 163; Deed Book 3496, at page 560;and
8 Deed Book 2979, at page 537; and
WHEREAS, the City Council ~s of the opinion that a portion of the Property
is in excess of the needs of the C~ty of Virginia Beach and should be conveyed to the
United States of America to be administered by the U. S. Fish & Wildlife Service (the
"Service") as a part of the Back Bay National Wildlife Refuge.
13
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA:
15
1. That the following described portion of the Property is hereby declared to be
16
in excess of the needs of the City, and that the City Manager is hereby
17
authorized to convey said Property to the United States of America to be
18
administered by the Service as a part of the Back Bay National Wildlife
19 Refuge:
20
21
22
23
24
25
All that certain lot, piece or parcel of land
together with situate in the C~ty of Virginia
Beach, Virginia, and being designated and as
"PARCEL A: GPIN 2424-32-1249, AREA -
440,619 SQ. FT. = 10.11522 ACRES"; and
"PARCEL B: GPIN 2424-22-3499, AREA =
26
27
28
29
30
31
32
33
34
35
36
243,109 SQ. FT. = 5.58102 ACRES", as shown
on that certain proposed plat entitled
"SUBDIVISION OF PROPERTY OF THE CITY
OF VIRGINIA BEACH, MAP BOOK , PAGE
FOR THE CITY OF VIRGINIA BEACH,
VIRGINIA BEACH, VIRGINIA," which plat is to
be recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, V~rginia and
to which reference is made for a more particular
description.
37
2. That the subject portion of the Property shall be either sold to the
38
United States of America for its fair market value as determined by an
39
appraisal satisfactory to the Service and the City Manager or
40
exchanged for real property acceptable to the City Manager owned by
41
the United States of America and administered by the Service of like
42
value with the Property as determined by appraisals satisfactory to
43
the Service and the City Manager, all pursuant to definitive
44
agreements to be entered into between the United States of America
45
and the City pursuant to that certain Memorandum of Understanding
46
dated February 6, 2001, between the City and the Service.
47
3. That the portion of the subject Property shall be conveyed subject to the
48
following covenants, covenants, conditions and restrictions, with the final
49
wording thereof to be satisfactory to the City Attorney:
50
a. The portion of the Property described as "PARCEL C: GPIN 2424-22-
51
7450, AREA = 90,840 SQ. FT.= 2.08541 ACRES" shall be retained
52
in fee simple by the City.
53
b. The City shall retain a 10' construction and maintenance easement on
54
each side of Parcel C for the construction and maintenance of a
55 bike/pedestrian path and utilities.
This ordinance shall be effective from the date of its adoption.
57
Adopted by the Council of the City of Virginia Beach, Virginia, on the 2?th
58 day of February ,2001.
NONCODE\CA7945 ORD
R-2
PREPARED January 5, 2001
APPROVED AS TO CONTENT:
D~-rt~eni of Public Works/Real Estate
APPROVED AS TO LEGAL
SUFFICIENCY.
C~ty Attorney
ORDINANCE NO.
AN ORDINANCE DECLARING CERTAIN CITY
PROPERTY EXCESS AND AUTHORIZING
THE CITY MANAGER TO CONVEY SAME TO
THE UNITED STATES OF AMERICA TO BE
ADMINISTERED BY THE U. S. FISH &
WILDLIFE REFUGE AS PART OF BACK BAY
NATIONAL WILDLIFE REFUGE
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
WHEREAS, the City of Virginia Beach (the "City") acquired ownership of a
certain parcel of real property containing approximately 23.6 acres, known as the Lotus
Garden Farms Property in the City of V~rginia Beach, Virginia (the "Property") by plat
recorded in Map Book 47, at pages 19 and 19A; and
WHEREAS, the City Council is of the opinion that the Property is in excess
of the needs of the City of Virginia Beach and should be conveyed to the United States of
America to be administered by the U. S. Fish & Wildlife Service (the "Service") as a part
of the Back Bay National Wildlife Refuge.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That the following described Property is hereby declared to be ~n excess of
the needs of the City, and that the City Manager is hereby authorized to
convey said Property to the United States of America to be administered by
the Service as a part of the Back Bay National Wildlife Refuge:
All that certain lot, piece or parcel of land lying
and being in the City of Virginia Beach, Virginia,
and being designated as the "STRIP
DEDICATED TO PRINCESS ANNE COUNTY
PLANNING COMMISSION", as shown on that
certain plat entitled, "LOTUS GARDEN FARMS,
PRINCESS ANNE COUNTY, VIRGINIA, SCALE
1" = 100', AUGUST, 1958", which plat was
prepared by Arm~stead and Beck, Civil
Engineers and Surveyors, and which plat is
recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia in Map
Book 47, at pages 19 & 19A, to which reference
is made for a more particular description. GPIN
2423-07-7808
2. That the Property shall be either sold to the United States of America
32
for its fair market value as determined by an appraisal satisfactory to
33
the Service and the City Manager or exchanged for real property
34
acceptable to the City Manager owned by the United States of
35
America and administered by the Service of like value with the
36
Property as determined by appraisals satisfactory to the Service and
3'7
the City Manager, all pursuant to definitive agreements to be entered
38
into between the United States of America and the City pursuant to
39
that certain Memorandum of Understanding dated February 6, 2001,
40
between the City and the Service.
41
3. The conveyance of the Property shall be subject to all restrictions, rights-of-
way, easements and encroachments of record, including without limitation,
43
the perpetual right of the owners of the lots shown on the plat of Lotus
Garden Farms (MB 47, P. 19 & 19A) and their heirs, assigns and successors
45
in title, to ingress and egress thereover.
This ordinance shall be effective from the date of its adoption.
4'7
Adopted by the Council of the City of Virginia Beach, Virginia, on the 2?t.h
day of Februa~)' ,, 2001.
NONCODE\CA7946 ORD
R-2
PREPARED February 15, 2001
APPROVED AS TO CONTENT:
../~partment of Public Works/Real Estate
APPROVED AS TO LEGAL
SUFFICIENCY
City Attorney
- 44-
Item VI-J. 3.
PLANNING
ITEM # 4 7817
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Counctl DEFERRED to
March 13, 2001, Or&nances upon apphcatton of BILLY W. CHAPLAIN a for a Con&ttonal Change of
Zontng and Con&ttonal Use Permtt
ORDINANCE UPON APPLICA TION OF BILL Y W CHAPLAIN FOR A
CONDITIONAL CHANGE OF ZONING FROM A-12 AND RT-3 TO
CONDITIONAL B-2
Or&nance upon apphcatton of Btlly W Chaplain for a Con&ttonal
Change ofZontngfrom A-12 Apartment Dtstrtct and RT-3 Resort Tourtst
Dtstrtct to Con&ttonal B-2 Communtty Bustness Dtstrtct on the west stde
of Washtngton Avenue begmntng at potnt 140feet more or less south of
Vtrgtnta Beach Boulevard, 849 and 853 Vtrgtnta Beach Boulevard
(GPIN #2417-86-2074) and contatns 23,850 square feet BEACH -
DISTRICT 6
AND,
ORDINANCE UPON APPLICA TION OF BILL Y W CHAPLAIN FOR A
CONDITIONAL USE PERMIT FOR A BULK STORA GE YARD
Or&nance upon apphcatton of Btlly W Chaplatn for a Con&ttonal Use
Permtt for a bulk storage yard at the southwest corner of Vtrgtma Beach
Boulevard and Washtngton Avenue (GPIN #2417-86-2074) Satd parcel
ts located at 849 & 853 Vtrgtnta Beach Boulevard and contains 19,000
square feet BEACH - DISTRICT 6
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce
Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Voting Nay
None
Counctl Members Absent
None
February 27, 2001
Item VI-J. 4.
PLANNING
- 45 -
ITEM # 4 7818
Dons Hartzog, 4 700 Vtctory Road, Phone 464-4 739, watved her opposttton
Attorney Edward Bourdon advtsed a prtvacy fence wtll be tnstalled behtnd her home
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Council ADOPTED
Ordtnances upon apphcatton of RH Budders, Inc Change of Zontng Dtstrtct Classtficatton and
Conchttonal Use Permtt
ORDINANCE UPON APPLICA TION OF RH BUILDERS, INC FOR A
CHANGE OF ZONING FROM B-2 TO 0-2 Z02011194
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcatton of RH Budders, Inc for a Change of Zomng
Dtstrtct Classtficatton from B-2 Commerctal Bustness Dtstrtct to 0-2
Office District on certam property located on the south side of Shore
Drtve west of Northampton Boulevard (GPIN 1479-56-5970) The
proposed zoning classtficatton change to Conchttonal 0-2 ts for general
office land use The Comprehenstve Plan recommends use of thts parcel
for retatl, servtce, office and other compattble uses tn accordance wtth
other Plan pohctes Satd parcel ts located at 4625 Shore Drtve and
contains 3 07 acres DISTRICT 4 - BA YSIDE
The followtng condttton shall be required
1 The tndependent hvtng semor houstngfacthty shall contatn 122
untts
ORDINANCE UPON APPLICATION OF RH BUILDERS, INC FOR A
CONDITIONAL USE PERMIT FOR HOUSING FOR SENIORS
R02013032
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcatton of RH Budders, Inc for a Conchttonal Use
Permit for houstngfor sentors on property located on the south stde of
Shore Drtve west of Northampton Boulevard (GPIN1479-56-5970) Satd
parcel ts located at 4625 Shore Drtve and contains 3 07 acres
DISTRICT 4 - BA YSIDE
The followtng conchttons shall be requtred
The ingress~egress cross rectprocal easement shall be clearly
defined on the final stte plan, and must be a mtntmum of 22 feet
tn wtdth
The stte shall be developed tn substanttal accordance wtth the
submttted stte plan entttled, "Prehmtnary Stte Plan SOo. wtng
Vtctorta Place Independent Sentor Ltvtng, Virgtnta b~ach,
Vtrgmta, "prepared by Horton and Dodd, P C dated 1-11-2001
The proposed project shall substanttally adhere to the submttted
rendertngs and color and matertal samples on file wtth the
Planntng Department
The apphcant shall work wtth Planntng Department staff to
tdenttfy pedestrtan tratl opportuntttes and to destgn a landscape
plan wtth plant matertals and screentng that wtll meet the
objecttves of the Shore Drtve Corrtdor Plan
February 27, 2001
Item VI-d. 4.
- 46-
PLANNING
ITEM # 47818 (Contined)
An automattc sprtnkler system and an automattc fire alarm
system approved by the Ftre Marshall and the Ftre Protection
Engtneer shall be tnstalled The system shall comply wtth NFPA
13R
No more than 10% of the floor space ts to be occupted by non-
ambulatory residents as per the Untform Statewtde Butldtng
Code
These Ordtnances shall be effecttve tn accordance wtth Sectton 107 OO of the Zontng Ordinance
Adopted by the Counctl of the Ctty of Vtrgtma Beach, Vtrgtnta, on the Twen~-seventh of Februa~, Two
Thousand One
Vottng 11-0 (By Consen0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Wtlham D Sessoms, Jr. and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
February 27, 2001
-47-
Item VI-J.$.
PLANNING
ITEM # 47819
Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl ADOPTED an
Ordinance upon apphcatton of CH&B ASSOCIATES, L.L.P.,for a Condtttonal Change of Zoning Dtstrtct
Classtficatton
ORDINANCE UPON APPLICA TION OF CH & B ASSOCIATES, L L P,
FOR A CONDITIONAL CHANGE OF ZONING FROM A-12 TO
CONDITIONAL 0-2 Z02011195
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon apphcatton of CH & B Assoctates, L L P for a Change
of Zomng Dtstnct Classification from A-12 Apartment Dtstnct to
Condtt~onal 0-2 Office Dtstrtct on the west s~de of Nelms Lane, 298 43
feet north of Vtrgtma Beach Boulevard (GPIN #1467-67-8119) The
proposed zomng classtficatton change to Condtttonal 0-2 ~s for office
land use The Comprehenstve Plan recommends use of thts parcel for
suburban restdent~al/me&um and htgh denmty at denmttes that are
compattble wtth town house and mult~-famdy use tn accordance wtth
other Plan pohctes Sa~d parcel ts located at 325 Nelms Lane and
contatns 22, 651 square feet KEMPSVILLE - DISTRICT 2
The followtng conchttons shall be reqmred
Modtficatton of the only proffer ortgtnally submitted wtth the
apphcatton, changtng the date of the stte plan to reflect a revtsed
plan also submttted on February 12
A new Proffer 2 that notes that "Any hghttng structuresplaced on
the property shall not exceed a hetght of 14 feet and shall be
destgned to dtrect hght tnwardly toward the property"
A new Proffer 3 that notes that "Any dumpster located on the
property shall be screened by a 6-foot wooden fence and/or gate
on the northern and eastern boundartes of theproposed dumpster
pad"
Thts Ordinance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordtnance
Adopted by the Council of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twenty-seventh o_f Februa~_ , Two
Thousand One
Voting 10-0 (By Consent)
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts
R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E
Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Abstatntng
Wtlham W Harrtson, Jr
Counctl Members Absent
None
Counctlman Harrtson Verbally ABSTAINED as his law firm represents the two famtly trusts whtch form
thts organtzatton
February 27, 2001
I
Item VI-J. 6.
- 48 -
PLANNING
ITEM # 4 7820
Craig Allen, Property owner, 1604 Hilltop West #240, Phone 491-2048, represented the applicant
Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, Ctty Council DEFERRED TO THE
CITY COUNCIL SESSION OF MARCH 13, 2001, Ordinance upon application of TALC/NEff/TOWN
ASSOCIA TES for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF TALC/NEWTOWN
ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR A SELF-
STORA GE FA CILITY
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of TALC/Newtown Associates for a
Conditional Use Permit for a self-storage facility on the north side of
Newtown Road, 320feet more or less west of Broad Meadows Boulevard
(GPI #1468-63-4020) Said parcel ts located at 909 Newtown Road and
contains 29, 620 8 square feet more or less. BA YSIDE - DISTRICT 4
Voting' 11-0
Council Members Voting Aye:
Ltnwood O. Branch, III, Margaret L Eure, William W. Harrtson, Jr.,
Barbara M Henley, Louis R Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent.
None
February 27, 2001
Item VI-J. 7.
- 49-
PLANNING
ITEM # 4 7821
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED an
Ordtnance upon apphcatton of MA TTHEW D. FINE for a Condtttonal Use Permit
ORDINANCE UPON APPLICATION OF MAITHEW D FINE (OR
ASSIGNS) FOR A CONDITIONAL USE PERMIT FOR A SELF-
STORA GE FA CILITY R02013033
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcatton of Matthew D Ftne (or Asstgns) for a
Condtttonal Use Permtt for a self-storage facthty on the west stde of
Baker Road, 220 feet more or less north of Newtown Road (GPIN
#1468-20-6705) Said parcel contatns 2 44 acres KEMPSVILLE -
DISTRICT2
The followtng con&ttons shall be reqmred
The materials, colors and archttectural design of the proposed
butldtngs shall be substantially conststent with the elevatton
drawtngs and tnformatton submttted to and on file wtth the
Department of Planmng Prtor to approval of the detailed site
plan by the Development Servtces Center of the Department of
Planntng, revtsed butldtng elevations shall be submitted to the
Dtrector of Planntng for revtew and approval
2 Hours ofoperaaon ofthefacthty shall be set between 7 O0 a m
and 10 O0 p m
3 There shall be an on-stte restdent manager at all times, seven (7)
days a week, twenty-four (24) hours a day
4 There shall be no electric or &esel power generator fueled by
any other source of energy located outstde of any butldtng
When the property ts developed, extenstve landscaping and
landscape screening shall be tnstalled on the site as depicted on
the submitted site plan titled, "Prehmtnary Layout of proposed
Self-Storage Facthty at Baker Road" Addlttonal landscape
requtrements may be tmposed durtng final stte plan review
All outdoor lights shall be shielded to chrect light and glare onto
the mmt-warehouse premtses, satd hghttng and glare shall be
deflected, shaded, and focused away from all adjotnlngproperty
Any outdoor hghttngfixtures shall not be erected any htgher than
fourteen (14) feet
Any fencing installed parallel to Baker Road and/or in front of
the proposed buddings, shall not be chain hnk A black wrought
iron style fence shall be installed as depicted on the submitted
site plan No barbed wtre, razor wtre, or any other fenctng
devices shall be installed on any fencing, roof or walls
surroun&ng the property
The storage untts shall be used only for the storage of goods
The untts shall not be used for office purposes, band rehearsals,
restdenttal dwelhngs, or any other purpose not conststent wtth
the storage of goods
February 27, 2001
Item VI-J. 7.
- 50-
PLANNING
ITEM # 4 7821 (Continued)
9 There shall be no storage ofmotortzed vehtcles on the property
10
11
12
A stormwater managementfacthty shall be adequately stzed and
constructed to meet or exceed the requtrements set forth tn both
the Ctty of Vtrgtnta Beach Chesapeake Bay Preservatton Area
Ordtnance and the Stormwater Management Ordtnance
Freestanding bustness tdenttficatton s~gnage shall be hmtted to
a stngular monument-style sign Thts stgn shall be constructed
of matertals that match the materials of the butMtng All stgnage
shall be externally ht from ground level and no neon hghtmg
vtstble from any adjotmng property shall be permttted
The maxtmum hetght for the mtddle, three (3) story butldtng shall be
thtrty-ntne (39) feet
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 (19 of the Zomng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twen_ty-seventh of Februa~_ , Two
Thousand One
Vottng 10-1 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Robert C Mandtgo, Jr, Mayor
Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D
Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
Reba S McClanan
Counctl Members Absent
None
February 27, 2001
Item VI-J. 8.
- 51 -
PLANNING
ITEM # 4 7822
Upon moaon by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED
Ordtnance upon Apphcatton of CHARLES G. BARKER for a Conchttonal Use Permtt
ORDINANCE UPON APPLICATION OF CHARLES G BARKER FOR
A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE REPAIRS
R02013034
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon apphcatton of Charles G Barker for a Condtttonal Use
Permit for motor vehtcle repatrs on certam property located at the
northwest corner of Bonney Road and North Kentucky Avenue (GPIN
#1487-13-5861) Satd parcel contains 1 471 acres ROSE HALL -
DISTRICT 3
The followtng condtttons shall be reqmred
The development on thts stte shall substanttally conform to the
stte plan on file wtth the Planntng Department, titled, "Stte
Development Plan for C UP of Proposed Servtce Facthty
Northwest Corner of Bonney Road and Kentucky Avenue for
Charles Barker Lexus of Vtrgmta Beach", dated November 13,
2000 Modtficattons to the plan may be made to comply with the
conchttons below
The buddtng destgn, matertals and color scheme shaH
substanttally conform to the elevations on file wtth the Planntng
Department, titled, "Elevation Stuches of Charles Barker Lexus
of Vtrgtnta Beach" Modtficattons to the elevattons may be made
to comply wtth the concltttons below
3 There shall be no outstde storage or &splay of ares, parts,
equtpment or merchandtse
4 There shall be no repatr work, detatltng or car washtng
performed outstde the butldtng
No outstde storage of vehtcles tn a state of obvtous chsrepatr
shall be permttted If vehicles tn this conchtton requtre storage,
then such vehtcles shall be stored wtthtn the butldtng
Any freestan&ng stgn shall be a monument style stgn, no more
than ten (10)feet tn hetght meettng all other ordtnance
reqmrements
All outdoor hghttng shall be shtelded to dtrect hght and glare
onto the premtses, satd hghttng and glare shall be deflected,
shaded and focused away from adjotmng property
Landscaptng shall be tnstalled around three stdes of the
proposed dumpster, as well as a sohd fence, to provtde a vtstble
screen from South Kentucky Avenue
For the purpose of screemng the "double-stacked" parktng tn the
southeast corner of the stte, landscaptng of the same type as
proposed for the lO-foot wtde landscape buffer along Bonney
Road shall be installed tn place of the longparktng space located
at the east edge of the area of "double stacked" parktng
10 Foundatton landscaptng shaH be tnstalled along the enttre length
of the facade factng Bonney Road
February 27, 2001
I
- 52 -
Item VI-J. 8.
PLANNING
ITEM # 47822 (Continued)
11 The destgn of the stormwater management facthty shall meet the
mtntmum standards set forth tn both the Stormwater
Management Ordtnance and the Chesapeake Bay Preservatton
Area Ordinance
Thts Ordtnance shall be effective tn accordance wtth Sectton 107 09 of the Zontng Ordinance
Adopted by the Council of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twen~_ -seventh of Februa~_ , Two
Thousand One
Vottng 11-0 (By ConsenO
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R clones, Reba S McClanan, Robert C
Mandtgo, dr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Wtlham D Sessoms, dr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
February 27, 2001
Item VI-J. 9.
- 53 -
PLANNING
ITEM # 4 7823
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED
Ordtnance upon Apphcatton of KENNETH A. HALL for a Condtttonal Use Permtt
ORDINANCE UPON APPLICATION OF KENNETH A HALL FOR A
CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND
SER VICE R02013035
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA
Ordtnance upon apphcatton of Kenneth A Hall for a Condtttonal Use
Permtt for motor vehtcle sales and servtce at the northeast corner of
Holland Road and Diana Lee Drtve (GPIN # 1486- 73-5519) Satdparcel
ts located at 3496 Holland Road and contains 4 218 acres DISTRICT3 -
ROSE HALL
The followtng conchttons shall be requtred
The stte shall be substanttally developed as shown on the
submttted site plan entttled, "Stte Development Plan for C UP
of New Sales and Servtce Facthty Northeast Corner of Holland
Road and Dtana Lee Drive for Hall Acura -Vtrgtnta Beach,"
prepared by John E Strtne &Assoctates, Ltd and dated
11/13/00 Modtficattons to the plan may be made as necessary
to comply wtth the condtttons below
Dtsplay area, tntertor parktng lot and street frontage
landscaptng shall meet requtrements of the zontng and stte plan
ordtnances
An addtttonal row of evergreen trees and shrubs shall be
tnstalled east of the fence on the eastern stde of the property to
tmprove the buffer The buffer area shall be matntatned
routtnely to ensure the health of the landscaptng and to remove
trash and debrts from the area
4 No outdoor loudspeakerpagtng system shall be permttted
5 All auto repatr work shall takeplace tnstde of the butldtng, and
there shall be no outstde storage of equipment or materials
The extsttng hght poles located adjacent to the restdenttal
property to the east shall be lowered to a maxtmum height of 14
feet All outdoor hghttng shall be &rected toward the tntertor of
the stte Satd hghttng and glare shall be deflected, shaded and
focused away from adjotntng property
The archttectural destgn, colors, and matertals of the addtttons
to the extsttng building shall be as deptcted on the submttted
elevattons entitled, "Acura Dealershtp Extertor Elevattons"
whtch have been exhtbtted to the Ctty Counctl and are on file
wtth the Planmng Department
When the servtce area ts expanded as tnchcated on the submttted
stte plan, the area shall not exceed 3, 734 square feet Elevattons
of the expanded butldtng shall be subject to revtew and approval
by the Planmng Dtrector or hts or her destgnee
9 No vehtcles shall be parked, stored, or &splayed tn any
landscaped area or tn the pubhc rtght-of-way at any ttme
February 27, 2001
Item VI-J 9
- 54-
PLANNING
ITEM # 47823 (Conttnued)
10 As part of the stte tmprovements, the area between the fences
along the eastern property hne of the subject stte and the
property of the restdenttal dwelhngs along Woodburne Drtve
shall be regraded to provtde postttve dratnage to the bastns
located wtthtn the parking lot and to the bastns between the
fences The regarded areas shall be stabthzed, seeded and
matntatned to ensure that the dratnage flows to the bastns as
required Landscaptng requtred by Condttton 3 shall be
tntegrated tnto the overall dratnage tmprovements for thts area
Thts Or&nance shall be effecttve tn accordance wtth Section 107 09 of the Zontng Ordtnance
Adopted by the Counctl of the City of Vtrgtnta Beach, Vtrgtnta, on the Twenty-seventh o[Februa~_ , Two
Thousand One
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Wtlham D Sessoms, dr and Rosemary Wilson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
February 27, 2001
Item VI-J. 10.
- 55 -
PLANNING
ITEM # 4 7824
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED
Ordtnance upon apphcatton of HALL TIDEWATER LTD. PARTNERSHIP for a Conchttonal Use Permtt
ORDINANCE UPON APPLICATION OF HALL TIDEWATER LTD
PARTNERSHIP FOR A CONDITIONAL USE PERMIT FOR MOTOR
VEHICLE SALES AND SERVICE R02013036
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon apphcatton of Hall Tidewater Ltd Partnership for
motor vehtcle sales and servtce at the northwest corner of Vtrgtnta
Beach Boulevard and Cranston Lane (GPIN #1497-05-1513, #1497-05-
2565) Satd parcel ts located at 3204 Vtrgtnta Beach Boulevard and
contams 1 634 acres DISTRICT 5 - L YNNHA VEN
The followtng conchttons shall be requtred
The site shall be developed substanttally tn accordance wtth the
site plan and building elevattons presented to Ctty Counctl wtth
the use permtt and on file tn the Planmng Department entitled,
"Site Development Plan for C UP of new sales and servtce
facthty at the northeast corner of Holland Road and Dtana Lee
Drtve for Hall Acura - Vtrgmta Beach, "prepared by John E
Strtne & Associates, Ltd. and dated 11/13/00 Modifications to
the plan may be made as necessary to comply wtth conchttons
below
Elevatton drawtngs of the area on the plan tn&cated as "Future
Showroom Expanston" shall be subject to revtew and approval
by the Planntng Dtrector or hts or her destgnee prtor to the
tssuance of a butldtng permtt for the constructton of the
expanston
No outstde storage of vehtcles, auto parts or ttres wtll be
permitted
4 All servtce work on vehicles shall beperformed tnstde the butl&ng
5 The proposedfreestandtng sign shall be a monument style stgn
No vehtcles shall be parked, stored, or &splayed tn any
landscaped area or tn the pubhc right-of-way at any ttme
All outdoor hghttng shall be chrected toward the tntertor of the
site Satd hghttng and glare shall be deflected, shaded and
focused awayfrom adjotntngproperty Any new outdoor hghttng
fixture shall not be erected any h tgher than fourteen (14)feet
Thts Ordinance shall be effecttve tn accordance wtth Sectton 107 O0 of the Zontng Ordtnance
Adopted by the Council of the Ctty of Vtrgmta Beach, Vtrgtnta, on the Twen_t?seventh of Februa~_ , Two
Thousand One
February 27, 2001
- 56-
Item VI-J. I O.
PLANNING
ITEM # 4 7824 (Continued)
Voting 11-0 (By ConsenO
Counctl Members I/'ottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr,
Barbara M Henley, Louts R clones, Reba S McClanan, Robert C
Man&go, dr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Wtlham D Sessoms, dr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
February 27, 2001
-57-
Item VI-J. 11.
PLANNING
ITEM # 4 7825
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED
Ordtnance upon apphcaaon of YMCA OF SOUTH HAMPTON ROADS for a Condtttonal Use Permtt
ORDINANCE UPONAPPLICATION OF YMCA OF SOUTHHAMPTON
ROADS FOR A CONDITIONAL USE PERMIT FOR AN INDOOR
RECREATION CENTER (BUILDING EXPANSION) R 0201303 7
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcatton of YMCA of South Hampton Roads for a
Condtttonal Use Permit for an mdoor recreatton center (butMmg
expansion) on property located on the north stde of Lasktn Road (GPIN
#2417-09-0836) Said parcel ss located at 1536 Lasktn Road and
contams 2 17 acres DISTRICT 5 - L YNNHA VEN,
The followtng con&ttons shall be required
The ad&aon shall be constructed tn substanaal conformance
wtth the submttted stte plan tttled, "ADDITIONS &
RENOVATIONS TO THE HILL TOP YMCA ", prepared by Walker
Woodard Archttects, P C, dated ]0/23/00
The budding destgn, matertals, and colors shall be constructed
tn substanttal conformance wtth the submttted archttectural
elevatton tttled, "ADDITIONS & RENOVATIONS TO THE
HILLTOP YMCA', prepared by Walker Woodard Archttects,
P C dated 12/14/00
The apphcant shall submtt an off-stteparktng agreement wtth the
adjacent shopptng center for the number of parktng spaces the
stte ts defictent The agreement shah be reviewed and approved
for content by the Ctty Attorney's office and recorded wtth the
Clerk of Ctrcutt Court before occupancy of the addttton
4 All outdoor hghttng shall be shteldedfrom the restdenttal uses to
the north and east and dtrected downward over the extts
5 No mechamcal equipment shall be located along the rear (north)
or stde (easO of the buddmg
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 (J) of the Zontng Or&nance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtma, on the Twenty-seventh of Februa~_ , Two
Thousand One
Voting 11-0 (By Consent)
Councd Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce
Mayor Wdham D Sessoms, Jr and Rosemary Wdson
Counctl Members Vottng Nay
None
Councd Members Absent
None
February 27, 2001
- 58-
Item VI-K. 1.
APPOINTMENTS
ITEM # 4 7826
B Y CONSENSUS, City Counctl RESCHEDULED the followzng APPOINTMENTS:
COMMUNITY SER VICES BOARD (CSB)
FRANCIS LAND HOUSE BOARD OF GOVERNORS
THE PLANNING COUNCIL
VIRGINIA B EA CH HEAL TH SER VICES AD VISOR Y BOARD
February 27, 2001
- 59-
Item VI-N.
AD JO URNMENT
ITEM # 4 782 7
Mayor Meyera E Oberndorf DECLARED the Ctty Councd Meettng ADJOURNED at 8:48 P.M.
Beverly 0 Hooks, CMC
Chief Deputy Ctty Clerk
Ctty Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
February 27, 2001