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Home My WebLink AboutJUNE 12, 2001 MINUTESCITY COUNCIL MAYOR MEYERA E OBERNDORF, At-Large VICE MAYOR WILLIAM D SESSOMS, JR, At-Large LINWOOD 0 BRANCH, III, Beach -Dtstrtct 6 MARGARET I.~ EURE, Centervdle - Dgstnct 1 WILLIAM W HARRISON, JR, Lynnhaven - Dgstnct 5 BARBARA M HENLEY, Princess Anne -Dtstnct 7 LOUIS R JONES, Bays~de -Dtstnct 4 REBA S McCLANAN, Rose Hall -Dtstnct $ ROBERT C MANDIGO, JR, Kempsvdle - Dgstnct 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 "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE (757) 427-4304 FAX (757) 426-5669 EMAIL Ctycncl@ctty vtrgtnta-beach va us June 12, 2001 I. CITY MANAGER'S BRIEFINGS - Conference Room - 2:00PM A. B Co U.S. FIELD HOCKEY AGREEMENT Sara Hensley, Director, Department of Parks and Recreation THEATER DEVELOPMENT Marcy Sims, Director, Department of Libraries TOWING ORDINANCE Captain Kenneth M. Lowe, Jr., Commanding Officer-Police Special Operations and Chair, Towing Advisory Committee II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 4:30PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Pastor James E. Womble Lansdale Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS June 5, 2001 G. AGENDA FOR FORMAL SESSION The Consent Agend~ u411be determined during the Agem~ Re~iew Sewdon and considered in the ordJll,~ty course of busJness by CJ(y Council to he etmcted by one motion. m. ORDINANCES/RESOLUTION , Ordinance to authorize the acquisition of temporary and permanent easements for the Sandbridge drainage improvements, by either agreement or condemnation re stormwater management. (DISTRICT- 7 PRINCESS ANNE) . Ordinance to AUTHORIZE a temporary encroachment into a portion of the city-owned canal, known as Bass Inlet, by WILLIAM J. and KIMBERLY B. EPSOM re pier, bulkhead, boatramp construction and removal of a deteriorated ramp/pier at 2884 Bluebill Drive, Sandbridge Shores. (DISTRICT- 7 PRINCESS ANNE) . Ordinance to AMEND the City's FY 2001-2002 operating budget by reducing appropriations to the School's operating fund by $3,454,453 and the School grants by $2,254,412. . Ordinance to APPROPRIATE $100,000 from the School's Food Services fired balance to the FY 2000-2001 Food Service fund and increase estimated revenue accordingly. , Ordinance to DELAY THE EFFECTIVE DATE of a previously adopted ordinance (May 15, 2001) re TAX ON TRANSIENTS obtaining lodging in the City of Virginia Beach from 1 July to 1 November 2001. (Requested by Vice Mayor Sessoms) 0 Ordinance to APPROPRIATE $526,000 from the SheriffDepartment's special Revenue to fund their FY 2001-2002 operating budget re Deputy's compensation. . Ordinance to TRANSFER $1,800,000 of FY 2001-2002 funds from the Convention Center replacement to Pavilion Theater replacement to initiate work on the new theater. . Ordinance to ESTABLISH the SPORTSPLEX Special Revenue fund and TRANSFER $300,000 re operation and maintenance. , Ordinance to TRANSFER $60,000 within the Department of Libraries FY 2000-2001 operating budget re acquisition of an automated library access and printing control system. 10. Resolution to AUTHORIZE the City Manager to take all actions necessary to discontinue placement of dredged spoils in LAKE WESLEY; and, to direct the Beaches and Waterways Commission to undertake an assessment, evaluation of alterative sites and methods of spotl disposal. (Requested by Councilman Branch) I. PLANNING PLANNING BY CONSENT - To be determined dunng the Agenda Review Session. Application of LOPE B. & MERCY PILE and CORNELIUS F., JR. & ANTONIA BOYNTON for the dtsconttnuance, closure and abandonment of a portion of Jersey Avenue beginning at the south side of Virginia Beach Boulevard at Euclid Place, containing 5,607 square feet. (DISTRICT 2 - KEMPSVILLE) Recommendation: APPROVAL . Applications of SALT MEADOW BAY, L.L.C.: (DISTRICT 6- BEACH) a. for the chscontinuance, closure and abandonment of a portion of: (1) Barberton Drive beginning on the south side of Laskin Road at Bean Garden, containing 1.198 acres (2) Bean Avenue beginning on the eastern boundary of Barberton Drive at Bean Garden, containing 17,154 square feet (3) South Barberton Drive beginning at the eastem boundary of Barberton Drive at Bean Garden, containing 20,611 square feet (4) South Barberton Drive beginning at the western boundary of Barberton Drive at Bean Garden, containing 10,188 Square feet (5) South Oriole Drive beginning at the eastern boundary of Barberton Drive at Bean Garden, containing 6,774 square feet b, Change of Zoning District Classification from B-2 Community Business District and R-7.5 Residential District to Conditional A-36 Apartment District on the south side of Laskin Road south of Oriole Drive, containing 22.88 acres. [Barberton Drive formerly Woodland Street] Recommendation: APPROVAL , Application of DOMINION BUILDING GROUP, INC. for a Change of Zoning District Classification from R- 10 Residential District to Conditional B - 1 Neighborhood Business District on the west side of South Birdneck Road north of Jackson Street (113 South Birdneck Road), containing 18,717 square feet. (DISTRICT 6 - BEACH) Recommendation: APPROVAL , Application of Edward M. Todd, Trustee, KINGS GRANT BAPTIST CHURCH for a Conditional Use Permit for a church addition on the west side of Little Neck Road north of Newcastle Road (873 Little Neck Road), containing 4.4 acres. (DISTRICT- 5 LYNNHAVEN) Recommendation: APPROVAL . . Application of CHURCH OF CHRIST at CREEDS for a Conditional Use Permit for a church addition at 5500 Morris Neck Road, containing 8.88 acres. (DISTRICT- 7 PRINCESS ANNE) Recommendation: APPROVAL Application of COMMERCIAL INVESTMENT PROPERTIES, L.L.C. for an AMENDMENT to the Green Run Land Use Plan to allow fuel sales (six gasoline pumps) in conjunction with a convenience store at the southwest intersection of Buckner Boulevard and S. Rosemont Road, containing 1.6 acres. (PRINCESS ANNE- DISTRICT 7). Deferred: Deferred Indefinitely: Recommendation: September 26, 2000 October 24, 2000 November 28, 2000 January 23,2001 DEFERRAL APPOINTMENTS ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION COMMUNITY SERVICES BOARD (CSB) HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) PARKS AND RECREATION COMMISSION SHORE DRIVE ADVISORY COMMITTEE (SDAC) SOCIAL SERVICES BOARD TIDEWATER COMMUNITY COLLEGE BOARD (TCCB) TIDEWATER REGIONAL GROUP HOME COMMISSION K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD- Telephonic Device for the Deaf) 06/07/01 slb AGENDA\06-12-01.pin www.virginia-beach.va.us OUR NA'~°~ MINUTES VIRGINIA BEACH CITY COUNCIL V~rg~ma Beach, V~rg~n~a June 12, 2001 Mayor Meyera E Oberndorf called to order the CITY COUNCIL BRIEFING re THEATER DEVELOPMENT tn the City Council Conference Room, Ctty Hall Butldtng, on Tuesday, June 12, 2001, at2 30PM Council Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Absent Vtce Mayor Wtllzam D Sessoms, Jr [Out of Ctty on Business] Louts R Jones [Out of City] -2- CITY MANA GER 'S BRIEFING U.S. FIELD HOCKEY AGREEMENT ITEM # 4824 7 The Presentation re the U.S. FIELD HOCKEY AGREEMENT was rescheduled for a later date and due to a "computer glitch" was not removed from the printed agenda June 12, 2001 -3- CITY MANA GER 'S BRIEFING THEATER DE VEL OPMENT 2:30 P.M. ITEM # 48248 Marcy &ms, Director of Ltbrartes, advtsed tn Aprtl, Ctty Counctl approved replacement of the Pavilion Convention Center on the current stte Stnce the Pavilion Theater also needs to be replaced under thts plan, the City Manager requested Marcy formulate a team to develop a process for a new Performance Theater Team Members Steve Thompson Chief Financial Officer Courtney Dyer Pam Lingle Jim Ricketts Nicki Woolery Convention and Visitor Development Mark Wawner Economic Development Marcy Sims Libraries Mac Rawls Emily Spruill Museums and Cultural Arts Betsy McBride Media and Communications Everette Herndon Public Works Marcy retterated the components of the process 1 Intenstve pubhc parttctpatton (arts groups, constttuenctes, attendees) 2 Analysts of needs of the communtty (needs assessment, feastbthty study, economtc analysts) Result timely replacement of the theater Many groups are dependent on the Pavthon as thetr home and downttme between raztng the facthty and replactng st would be a problem Thts project offers a phenomenal opportumty The Team also enhste, d the advice of a theater consultant who advtsed relattve current trends tn theater destgn and location, components of a needs assessment and feastbthty study and methods to recetve pubhc input and involvement of the arts communtty Marcy outhned two processes The first, Plan A, was developed prtor to the Town Center opportumty was betng proposed, and, the second, Plan B, wtll offer an alternative that fits wtthtn the ttme hne requtred, tf the performtng arts theater ss to be a part of the Town Center project Recommended Process: Plan A I Ctty staff develop a Request for Proposal for consultant services First Component: needs assessmentwhtch tncludes an extenstve communtty involvement and tnput process, tntervtews wtth arts groups, arttsttc &rectors, board members, attendees, general communtty, current users of the Pavthon Theater .June 12, 2001 -4- CITY MANA GER 'S BRIEFING THEATER DEVELOPMENT ITEM # 48248 (Continued) Consultant develops a building program from this information, which includes type of faczhty, number of seats, space allocated for rehearsal space, office, administration and studios Analysis of Sites Potential sites are analyzed tn hght of their abthty to accommodate the facility described by the budding program Financial Analysis including an operating pro forma, a three year analysis of potential revenues and operating costs, even includes scheduhng charette to determine a potential yearly schedule of performances (Consultant services of this type are not inexpensive Informal estimates range from $85,000-150, 000) 2 City Manager to appoint a Performing Arts Theater Advisory Committee. Purpose - client to the consultant - llnk to City Council - help organize, pubhctze and host the pubhcforums and other mechanisms for community input - present recommendations Composition Small group 9-11, City staff and commumty leaders from aggregate and regional arts umbrella groups i e Arts and Humanities Commission, Cultural Arts Alliance and civic groups as Council of Civic Organizations, Chamber of Commerce and Virginia Beach Foundation Two members of City Council are recommended to serve as Ex-Officio members The idea of recommending representatives from specific arts groups was explored, but dismissed as this would result in approximately a 45-member committee Selected consultant to perform the community needs assessment and pubhc parttclpatton process within an estimated timeframe of three (3) months Performing Arts Theater Advisory Committee to present its' recommendations to City Council City Council will make the final decision on the facility and direct staff to proceed C~ty staff proceeds with architect selection and design, bidding and construction dune 12, 2001 -5- CITYMANAGER'S BRIEFING THEATER DE VEL OPMENT ITEM # 48248 (Continued) SCHEDULE Est. Action Est. Time to Completion Complete Date Present suggested process to Ctty Manager and CFO 05/31/01 Develop RFP for community needs assessment and pubhc process 06/07/01 Present RFP components and suggested process to Ctty Councd 06/12/01 Dtstrtbute/post RFP 15 days 06/2 7/01 Appotnt Performtng Arts Theater Advtsory Commtttee 07/15/01 Recetve proposals, evaluate and award contract for consultant 1 mo 07/27/01 Conduct needs assessment tncludmg pubhc parttctpatton 3 mo 10/31/01 PA TA C revtews report and present recommendattons to Counctl I mo 11/30/01 Adverttze, evaluate and contract for archttectural servtces 3 mo 02/28/02 Destgn 15 mo 05/31/03 Btd project and select contractor 3 mo 08/31/03 Construction 24 mo 08/31/05 Based on this time llne, tf Ctty Council approves this process construction of a Performing Arts Theater can be completed tn August 2005 or in approximately 4years With a tentative date of July 2003for razing the current Pavilion Theater, the prodected "downtime" between the razmg of the current theater and the opentng ora new theater would be about 2 years Thts schedule does not tnclude a real estate acqutsttton phase Should that be necessary, the schedule would need to be extended On dune Ftfth, representattves from Town Center offered a proposal to locate a Performing Arts Theater wtthtn the Town Center project The Ctty Counctl supported an exploration of that proposal, utthztng a performtng arts theater consultant to be responstve to Armada Hoffler's ttme-hne for constructton and also to reduce or ehmtnate the downttme between raztng the current theater and opentng a new one The Team adjusted the process and ttme hne of Plan A to cotnctde wtth Ctty Counctl's destre to explore the Town Center locatton wtthtn Armada Hoffler's destgn constructton ttme hne The Ctty Counctl requested addtttonal tnformatton on the needs of the arts commumty, size and space allocations for a facthty to meet those needs and an esttmate of on-gotng costs to have the optton to embrace the opportumty from Armada Ho filer Plan B - Performing Arts Theater at Town Center 1 Staff to develop and adverttze a Request for Proposal for consultant servtces · needs assessment · butldtngprogram · stte evaluation of the Town Center site esttmated operattng costs -tncludes a look at comparable facthttes and thetr esttmated operattng costs · Thts part of the work Phase I completed September 30, 2001 Selected consultant performs commumty needs assessment and Town Center stte survey- consultant would begtn work duly 1, 2001 and complete work by Sept 30 3 Ctty staff and consultant present recommendattons to City Counctl 4 Ctty Council to make the final dectstons and chrect Ctty staff dune 12, 2001 -6- CITY MANA GER 'S BRIEFING THEATER DE VEL OPMENT ITEM # 48248 (Continued) Part of this dtrectton could be to move tnto Phase II of the consultants work whtch could entail revtewtng other sttes or provtde more detaded financtal analysts *Components o f the phased approach to the Consultant's study Needs assessment same tntenstve tnput from the arts groups, communtty Building program consultant develop a written plan of space allocatton that meets those needs, seats, rehearsal space, offices, etc Site evaluation of the Town Center site: Gtven the stze and space allocations necessary, wtll Town Center accommodate tt and be a good locatton? Estimated Cost of Operations provtde a range ustng the operattng costs of comparable factltttes If NO on site evaluation, Phase H tncludes an analysts of other sites If YES, Phase II tncludes more detatled financtal analysts on a Performing Arts Theater at Town Center and programmtng charette wtth potenttal users of the theater S CHED UL E Est. Action Est. Time to Completion Complete Date Develop RFP for commumty needs assessment and s~te evaluatton 06/08/01 D~str~bute and post RFP 10 days 06/22/01 Receive and evaluate proposals and award contract 8 days 06/30/0] Conduct needs assessment and stte analysts 90 days 9/30/01 Present recommendations to Ctty Counctl 10/02/01 Destgn 6 mos 3/30/02 Constructton 18 mos 09/30/03 A PerformingArts TheaterAdvisory Group ts not hsted, but can be included under thtsplan, however, the members would have to be appotnted qutckly and must be aware the majortty of thetr work would be accomphshed tn duly and August 2001 Thts Plan also assumes the destgn and constructton components are under the ausptces of the Town Center project or have been worked out tn order to be fast tracked as proposed by Armada Hoffler The Team esttmates posttng the Request For Proposal unttl dune 22, 2001, which ts ten (10) days from today In order to make thts ttme hne work, the Team proceeded with adjusttng the RFP and dtstrtbuted tt as of yesterday morntng ustng thephased approach to the needs assessment, butldtngprogram, site analysts and financtal analysts To proceed wtth adverttstng tt tn thts way and gtvtngpotenttal btdders suffictent ttme to reply was really the only way the Team can make the Plan B Town Center optton work and provtde Ctty Counctl wtth the tnformatton requested to make an tnformed dectston regardmg thts stte by September 30, 2001 Under Plan B, tt ts possible for a Performing Arts Theater to open tn the Fall of 2003, which would result tn vtrtually no downttme between the raztng of the Pavthon theater and opening a new theater located tn Town Center However, tf Ctty Counctl prefers the first approach or some vartatton thereof, the RFP can easily be adjusted by tssutng an addendum or retracttng thts RFP Council Lady Henley was under the tmpresston, the Ctty Counctl was sttll under the optton stage and a defimte dectston had not been made regardtng replacement of the Convention Center The Ctty Manager advtsed the Ctty Counctl sttll has opttons avatlable After several meetings, the adjacent Doubletree Hotel has been gtven a date tn dune to respond regardtng thetr proposal to upgrade thetr hotel to become a "Conference" Hotel Potenttal land swamps tn terms of a parktng structure and utthztng porttons of their extsttng tennts courts and parktng for part of the butldtng program as well as developtng a new jotnt entrance into the property are under dtscusston Dependmg upon thetr response, the Ctty Manager wall advtse Ctty Counctl etther the last meettng tn dune or the first meettng tn duly dune 12, 2001 -7- CITY MANA GER 'S BRIEFING THEATER DEVELOPMENT ITEM # 48248 (Continued) Relattve the Ordtnance to TRANSFER $1,800,000 of FY 2001-2002funds from the Convention Center replacement to Pavilion Theater replacement to tntttate work on the new theater, Marcy advtsed approxtmately $85,000 to $150,000 of the proposed $1,800,000 would cover the consulttngfee Marcy advtsed the RFP hst conststed of approxtmately ten (1 O) consultants Portions of these fund~ would also be for the archttects 'fees Counctl Lady McClanan requested the expendttures contained tn thts transfer of $1,800,000, be tentattvely outhned At the present time, the Pavthon staff absorbs the cost of operattng the Pavthon Theater, therefore there ts not a separated cost for operatmg the theater Counctlman Branch tnqutred relattve the Pavthon Theater Courtney Dyer advised the Pamhon Theater, currently houses 144performances a year (45 to 50 different chents) These chents range from the local arts groups supported by the Arts and Humantttes Commtsston to local dance schools, the Virginia Beach Forum and youth events The average attendance ts five hundred forty-four (544) per event Thts ranges wtdely The Virginia Musical Theater ts one of the prtme tenants and has been with the theater for approxtmately ten (10)years, conducttng as many as fifty-two (52)performances per year However, the average attendance does not reach capactty The Virginia Symphony does student performances wtth students betng bussed tn to attend these cultural programs If the current theater ts renovated, Mr Dyer stated the tntttal plan ts to make upgrades to the facthty to comply wtth American with Disabilities (ADA) requtrements A venue thts stze would not accommodate the tourtng Broadway Shows The Pavthon Theater ts generically destgned and ts not a symphony hall wtth the same acousttcal properttes, however, tt ts a good generalpurpose theater Many ttmes, addtttonal sound retnforcement must be contracted for complex events The fly space separates the Pavthon from a htgh school auditorium All of thts data wtll be made avatlable to the consultant The Ctty Manager advtsedprehmtnary concepts of a new Conventton Center couM bepresented tn October Marcy retterated tn Phase I an estimated Operattng Cost, based on stmtlar stze theaters and venues, would be provtded A more detatled analysts would be provtded tn a later phase Mayor Oberndorf expressed apprectatton to Marcy and her Team for their report dune 12, 2001 -8- CITY MAI NAI GER '$ BRIEFING TOWING ORDINANCE 3:28 P.M. ITEM # 48249 Captatn Kenneth M Lowe, Jr, Commandtng Officer - Pohce Spectal Operattons, Chatr- Towing Advisory Board, advtsed the members of the Towing Advisory Board are appotnted by Counctl for a 3-year pertod, the current board was appotnted duly 1, 2000, and thetr term exptres dune 30, 2003 The Towing Advisory Board commenced meettng tn March and every week thereafter and has requested changes be made to vartous ctty codes pertatnmg to the towing of vehicles from prtvate property The Pubhc parttctpated tn these dtscusstons Several concerns were addressed (1) required signs (2) notification of who to call to recover a towed vehicle, (3) tow, drop and storage fees (4) tow truck operator's logs, and (5) in City storage lot restrictions. Change wording on parking lot advisory signs, whtch tncludes posttton of phone numbers and the process by whtch a motortst retrteves a towed vehicle, and, changes to requirements for the matertals used to manufacture the signs 2 Increase certain towing, sWrage, drop and title search fees 3 Clarify section 21-428 pertaining to tow truck logs (records) 4 Revise section 21-429 pertatntng to storage of towed vehtcles Re stgns, the Board recommends language that ts less restrtcttve and allows the use of reflectortzed matertal equal tn grade to that used by the Ctty The proposed code revtstons also spectfy the actual tow truck company be hsted on the stgns located onprlvateproperty as theparty to be contacted about a towed vehtcle rather than the 911 Emergency Communtcattons Center Thts will dramattcally reduce the workload for Emergency Communtcattons personnel whtle speedmg up the process for ctttzens to recover thetr vehtcles The 911 Emergency Communtcattons Center wtll stt[[ be advised of every vehtcle that is a non-consensual tow no matter tf towed from prtvate property or under pohce authortty For vehtcles of 20, OOO pounds or less the Board recommends ratstng the drop fee from $15 to $25, for vehicles over 20,001 pounds, a drop fee of $75 ts recommended due to the largest wrecker requtrements for vehtcles of that stze The present tow fees were estabhshed tn 1996 and categorized vehtcles tnto those under and over 11,000 pounds tn wetght The Towtng Advtsory Board recommends that vehtcles be dtvtded tnto 3 wetght categories wtth different fees for the dtfferent wetght For vehtcles of ll, OOOpounds or less, tt ts recommended that the fee allowed by Ctty Code be ratsed to meet the current state allowance of $85 The Board further recommends that the fee be ratsed an addttton $10 one year later The fees for vehtcles 11,001 to 20,000 pounds would rematn at the current $250, however, an addtttonal category has been added to address the largest of towed vehtcles The third category would be for vehtcles of 20, O01 pounds or greater and a fee of $350 has been recommended As wtth the smallest vehtcles, the Board has recommended the fee for the largest vehtcles be ratsed $100 (to $450) one year later The Board addressed theproblem where a wrecker operator may separate the tractor and trailer of a very large tow and then tow each ptece separately, thus earmng two separate tow fees The Board recommends the Code be changed to authortze a total tow fee not to exceed $500. Storage fees have not been changed since thetr enactton tn 1993 The Board proposes that the datly storage fee be ratsed from the current $10 to $20per day after the initial 24 hourperiod Thts mcrease should brtng the fee tn hne wtth current prtcesfor land, personnel costs, insurance costs, operattng costs, etc Relattve the Title Search Fee, the Board proposes amendtng the City Code to require this search 7 days after the vehtcle ts towed and recommends ratsmg the fee allowed to $50 Thts recommendation ts necessary to conform to State Code 3~ 43-32 whtch requtres that the vehtcle owner/hen holder be nottfied of the vehicle locatton wtthtn 7 days of the tow tfa hen ts to be placed on the vehtcle, and to cover the costs assoctated wtth the Department of Motor Vehtcles (IS-25), the tttle search, and owner nottficatton by regtstered letter, return recetpt requested The Board recommends the tow truck operator's log be replaced with a computerized record, so as to allow for electrontc storage of the tnformatton and further recommends a specific ttme pertod for completion of thts record (within 30 minutes of hookup) be added to the code The 911 Emergency Communications Center wtll conttnue to be advtsed of all non-consensual tows The Board proposes the tow truck servtce be spectfied as the responstble party for retaining these records The code states all records must be retatned for a pertod of not less than one year June 12, 2001 -9- CITY MANA GER 'S BRIEFING TOWING ORDINANCE ITEM # 48249 (Continued) The Board recommends City Code § 21-429 be changed to allow vehicles to be towed to the nearest storage facthty operated by the tow truck servtce as long as the servtce (a) also operates a storage facihty tn the City of Vtrgtnta Beach, and (b) has a vahd busmess hcense authortzmg the tow truck servtce to do busmess tn both locahttes Captatn Lowe cited Alternative Curses of /lction No 1 Conttnue operattons ustng the present codes No 2 Dtsband the towing Advtsory Board and allow state code to dtctate tow rates No 3 Dtsband the Towing Advtsory Board and allow free enterprtse to dtctate tow rates No 4 Modtfy theproposed rates suggested by the Towtng Advtsory Board No 5 Accept the recommendattons of the Towtng Advtsory Board Art Walker, Member- Towtng Advtsory Board, advtsed the operators are on call 24-hours a day Other than DUI'S (Driving Under the Influence), the vehtcles towed must be released wtthtn 2 hours Concern was expressed relattve the suggested cost tncreases for larger vehicles Captatn Lowe advtsed approximately 14, 000 cars were towed tn the year 2000 Stattsttcs shall be provtded from COMIT concerntng the ttme requtrements and costs tnvolved of Pohce personnel regardtng towtng Captatn Lowe was coordmattng wtth COMIT and the Ctty Attorney's office regardtng the utthzatton of tow truck operators and the concern of restrtcttngfree trade A process ss bemg developed where all tow truck operators who meet a certatn crtterta for utthzatton wtll be placed on the Pohce Prectnct Ltsttng of operators Informatton relative the concept of "boottng" and cost as compared to towing shall be provtded A PUBLICHE/IRING shall be scheduled for the Ctty Counctl Sesston of June 26, 2001, and the Ordmances shall be scheduled for the Ctty Councd Sesston of July 3, 2001 June 12, 2001 - 10- AGENDA RE VIE W SESSION 4:07P. M. ITEM # 48250 ORDINANCES/RESOL UTION H 10r&nance to authorize the acquisition of temporary and permanent easements for the Sandbridge dratnage improvements, by etther a~reement or condemnatton re stormwater management. (DISTRICT- 7 PRINCESS ANNE) Counctl Lady Henley was advised there would not be any dwelhngs tmpacted wtth these easements ITEM # 48251 H 3 Ordinance to AMEND the Ctty's FY 2001-2002 operating budget by reductng approprtattons to the School's operating budget by $3,454,453 and the School grants by $2,254,412 Relattve Counctlman Branch's concern, Catheryn Whttesell, Director of Management Resources, advtsed there was a $3.5-MILLION drop tn the State budget and an increase tn Federal Grants of $2.4-MILLION Portions of the School fundtng reductton were to be utthzed by the Smart Start Program (extenston of the school year) and a VRS reductton Due to the lack of a State budget, there may be some spora&c tssues tn terms of servtce tssues Some of the City agenctes are bern# requested to submit a 6% reductton ITEM # 48252 I5 Ordtnance to DELAY THE EFFECTIVE DATE of a previously adopted or&nance (May 15, 2001) re TAX ON TRANSIENTS obtatnmg lodging tn the Ctty of Vtrgtnta Beach from 1 July to 1 November 2001 (Requested by Vtce Mayor Sessoms) Counctlman Harrtson expressed concern as to the late effective date Councilman Branch advtsed the Hotel and Motel Assoctatton advtsed as thts tax was only adopted on May 15, 2000, hotels have booked many groups t e Shrtners, Columbus Day Soccer Groups, where the tax rate ts tncluded tn the actual btdprtce for the group The accounting hurdles would be very dtfficult The real tssue ts the tax wtll extst as long as reqmred for the payment of the Conventton Center and the Theater Counctl Lady Eure advtsed she couM not support thts Ordtnance This item wtll be chscussed durtng the Formal Sesston The City staff shall also respond to tnqutrtes during the Formal Sesston ITEM # 48253 H 6 Ordinance to APPROPRIATE $526,000 from the Shertff Department's special Revenue to fund thetr FY 2001-2002 operattng budget re Deputy's compensation. Sher~f Lantetgne advtsed the recurrmg costs to the Ctty for the next Ftscal Year will be approxtmately $346,000. Counctl Lady McClanan expressed concerns relattve salary mcreases Shertff Lantetgne advised a spread sheet was provided deptcttng thepohce recrutt's startmg salary ts $29,317 and a starttng Deputy's pay ts $26,329. The Ctty attempts to provtde a 10% dtfferenttal between a pohce officer and a deputy Effecttve July Ftrst, a pohce officer wtth the 7% adjustment wtll result wtth the starttng pohce officer's salary bemg $31,418. If the starting deputy's salary were to remain the same, this provtdes a 16.2% dtfferenttal or $5,089. Catheryn Whttesell advtsed every pohce officer, who ts not at the top of thetr range wtlt recetve a 4 1/2% increase Those officers at the entry level could recetve more than that based on the market adjustments Assumtng thetrjob performance ts adequate, those officers at the top of the scale will recetve at least a 2% pay ratse Wtth the exceptton of the Health and the Shertff's Department, all other "State employees" are actually on the Ctty's pay plan Counctl Lady McClanan will vote NAY on thts ttem June 12, 2001 -Il- AGENDA RE VIEW SESSION ITEM # 48254 H 7 Ordinance to TRANSFER $1,800,000 of FY2001-2002 funds from the Conventton Center replacement to Pavilion Theater replacement to initiate work on the new theater. Catheryn Whttesell dtstrtbuted pages deplcttng the Theater project and the Conventton Center from the Capttal Improvement Plan In 2003, $2.5-MILLION ts planned $1.8-MILLION ts for the design work on the Theater prodect, which meant nothing could happen on thts project until July 1, 2002 Thts Or&nance ts to advance thts design element So, there ts not too great a lap when the old theater comes down and the new theater ts open for business Next year, part of the $2.5-MILLION approprtatton wtll be moved back to the Convention Center Therefore, $1.8-MILLION ts being swapped between the two years The Conventton Center schedule wtll not harmed Councdman Harrison wtll ABSTAIN as Armada Hoffler ts a chent of his law firm As the appearance of impropriety extsts, he wdl refratn from vottng There ts some appearance that this theater ts connected to the Armada Hoffler proposal for the Town Center Counctl Lady Henley wtll vote NAY on thts item ITEM # 48255 HIO Resolutton to AUTHORIZE the Ctty Manager to take all acttons necessary to discontinue placement of dredged spoils tn LAKE WESLEY, and, to direct the Beaches and Waterways Commtsston to undertake an assessment, evaluatton of alterattve sttes and methods of spoil dtsposal (Requested by Councdman Branch) Councdman Branch advtsed the City staff has concern relattve thts ttem Counctlman Branch beheves the pubhc should be provtded more thorough tnformatton concerntngplacement of dredged sods There ts not an extsttng long range plan for placement of dredged spods Thts ttem shall be DEFERRED INDEFINITEL Y, BY CONSENT ITEM # 48256 BY CONSENSUS, the followtng shall compose the CONSENT AGENDA: H. ORDINANCES/RESOL UTION Or&nance to authorize the acquisition of temporary and permanent easements for the Sandbridge dratnage tmprovements, by etther agreement or condemnatton re stormwater management. (DISTRICT- 7 PRINCESS ANNE) Ordtnance to AUTHORIZE a temporary encroachment into a portton of the ctty-owned canal, known as Bass Inlet, by WILLIAM J. and KIMBERL Y B. EPSOM re pier, bulkhead, boatramp construction and removal of a deteriorated ramp/pier at 2884 Bluebdl Drtve, Sandbrtdge Shores (DISTRICT- 7 PRINCESS ANNE) Ordtnance to AMEND the Ctty's FY 2001-2002 operating budget by reductng approprtattons to the School's operattng fund by $3,454,453 and the School grants by $2,254,412 Or&nance to APPROPRIATE $100, O00 from the School's Food Servtces fund balance to the FY 2000-2001 Food Service fund and increase esttmated revenue accordtngly Ordmance to APPROPRIATE $526,000 from the Shertff Department's spectal Revenue to fund thetr FY 2001-2002 operating budget re Deputy's compensation. June 12, 2001 - 12- AGENDA RE VIEW SESSION ITEM # 48256 (Continued) Or&nance to TRANSFER $1,800,000 of FY 2001-2002funds from the Conventton Center replacement to Pavilion Theater replacement to initiate work on the new theater. 80rdtnance to ESTABLISH the SPOR TSPLEXSpecial Revenue fund and TRANSFER $300,000 re operation and maintenance Ordinance to TRANSFER $60,000 wtthtn the Department of Libraries FY 2000-2001 operatmg budget re acqutsttton of an automated library access and printing control system 10 Resolutton to AUTHORIZE the Ctty Manager to take all acttons necessary to discontinue placement of dredged spoils tn LAKE WESLEY, and, to &rect the Beaches and Waterways Commtsston to undertake an assessment, evaluatton of alterattve sttes and methods of spotl &sposal (Requested by Counctlman Branch) Counctl Lady McClanan wtll vote NAY on Item 6 Counctlman Harrtson wtll ABSTAIN on Item 7 Item 10 wtll be DEFERRED INDEFINITEL Y, B Y CONSENT June 12, 2001 - 13- AGENDA RE VIEW SESSION ITEM it 48257 12 Apphcattons of SAL T MEADOW BA Y, L.L.C. (DISTRICT 6- BEACH) a for the dtsconttnuance, closure and abandonment ofa portton of (1) Barberton Drtve begtnntng on the south stde of Lasktn Road at Bean Garden, contatmng 1 198 acres Bean Avenue begtnmng on the eastern boundary of Barberton Drive at Bean Garden, contatntng 17,154 square feet South Barberton Drtve begtnntng at the eastern boundary of Barberton Drtve at Bean Garden, contatntng 20, 611 square feet South Barberton Drtve begtnntng at the western boundary of Barberton Drive at Bean Garden, contasmng 10,188 Square feet South Orsole Drive begsnntng at the eastern boundary of Barberton Drsve at Bean Garden, contasmng 6, 774 square feet Change of Zomng Dsstrsct Classt_ficatton from B-2 Community Business District and R-7.5 Residential District to Conditional A-36 Apartment District on the south stde of Laskm Road south of Oriole Drtve, contammg 2 88 acres [Barberton Drsveformerly Woodland Street] Councdman Branch beheves there wsll be speakers regsstered on this stem Thss stem wdl be dtscussed dursng the Formal Sesston ITEM it 48258 13 Apphcatson of DOMINION B UILDING GROUP, INC. for a Change of Zomng Dtstnct Classtficatton from R - 10 Residential District to Conditional B - 1 Neighborhood Business District on the west sMe of South Btrdneck Road north of Jackson Street (113 South Btrdneck Road), containing 18, 717 square feet (DISTRICT 6 - BEACH) Councdman Branch advtsed the apphcant has requested DEFERRAL until June 26, 2001. ITEM it 48259 14 Apphcatson of Edward M Todd, Trustee, KINGS GRANT BAPTIST CHURCH for a Condsttonal Use Permtt for a church addition on the west stde of Little Neck Road north of Newcastle Road (873 Ltttle Neck Road), contatntng 4 4 acres (DISTRICT- 5 L YNNHA VEN) Councdman Harrtson referenced proposed amendment to Condttton 5 The three portable buddtngs (traders) shall be removed from the stte l_ -~' .... ~'w___~_.Z~_ _ _~ _ -.~ ~"t ................... -11~--. .~ l- - _-l-I_k__.. than June 12, 2005 Mayor Oberndorf advtsed Reverend Holcomb contacted her and advtsed the Sanctuary ts planned to be budt first The Traders are not seen from the street June IZ 2001 - 14- AGENDA RE VIEW SESSION ITEM # 48260 I6 Appltcatton of COMMERCIAL INVESTMENT PROPERTIES, L.L.C. for an AMENDMENT to the Green Run Land Use Plan to allow fuel sales (stx gasohne pumps) tn conjunctton wtth a conventence store at the southwest mtersectton of Buckner Boulevard and S Rosemont Road, containing 1 6 acres (PRINCESS ANNE - DISTRICT 7) Councd Lady Henley advtsed the apphcant ts requesttng an INDEFINITE DEFERRAL. The community leaders were notified. ITEM # 48261 B Y CONSENSUS, thefollowtng shall compose the PLANNING BY CONSENT AGENDA: I1 13 14 15 16 Apphcatton of LOPE B. & MERCY PILE and CORNELIUS F., JR. & ANTONIA BO YNTON for the dtsconttnuance, closure and abandonment of a portton of Jersey Avenue begtnntng at the south stde of Vtrgtnta Beach Boulevard at Euchd Place, contatntng 5, 607 square feet (DISTRICT 2- KEMPSVILLE) Apphcatton of DOMINION B UILDING GROUP, INC. for a Change of Zoning District Classtficatton from R - 10 Residential District to Conditional B - 1 Neighborhood Business District on the west stde of South Btrdneck Road north of Jackson Street (113 South Btrdneck Road), contatmng 18, 717 square feet (DISTRICT 6 - BEACH) Apphcatton of Edward M Todd, Trustee, KINGS GRANT BAPTIST CHURCH for a Condtttonal Use Permtt for a church addition on the west stde of Ltttle Neck Road north of Newcastle Road (873 Little Neck Road), contatntng 4 4 acres (DISTRICT- 5 L YNNHA VEN) Apphcatton of CHURCH OF CHRIST at CREEDS for a Conditional Use Permit for a church addition at 5500 Morrts Neck Road, contatntng 8 88 acres (DISTRICT- 7 PRINCESS ANNE) Appltcatton of COMMERCIAL INVESTMENT PROPERTIES, L.L.C. for an AMENDMENT to the Green Run Land Use Plan to allow fuel sales (stx gasohne pumps) tn conjunctton wtth a conventence store at the southwest tntersectton of Buckner Boulevard and S Rosemont Road, contatnmg 1 6 acres (PRINCESS ANNE - DISTRICT 7) Item 3 wtll be DEFERRED, BY CONSENT, until the City Counctl Sesston of June 26, 2001 Item 4 wtll be APPROVED, with Condttton #5 Amended, BY CONSENT Item 6 wtll be DEFERRED INDEFINITEL Y, B Y CONSENT June 12, 2001 - 15- CITY COUNCIL COMMENTS 4:35 P.M. ITEM # 48262 Councilman Man&go advtsed on Thursday mght, dune 7, 2001, hts daughter was bttten by a stray cat when plactng thetr trash can at the street Although not severely injured, she ts on some restrtcttons because of the potenttal for rabies Animal Control was there at 9:00 P.M. that eventng wtth a trap The next morning the cat was caught Counctlman Man&go was very pleased with the expe&ent and effecttve response of Animal Control Kempsvtlle ts now known as "bear country" Counctlman Man&go advtsed a bear was stghted at Kempsvtlle Elementary on,June Ftfih The bear has been spotted twice on Grayson Road and he has heard tt was headed toward Baystde Mayor Oberndorf commented a visitor to Vtrgtnta Beach extended comphments and was very apprectattve re the amazmg response of Animal Control on fin&ng and returmng her lost dog A black bear was reported on Newtown Road tn the Wesleyan area The Ctty Manager wt[l provtde a report concerntng the bear Mayor Oberndorf advtsed the plans forpurchastng Open Space wtll asstst the ammals who are havtng thetr habttats destroyed and have no place to go · ITEM # 48263a. Council Lady Eure referenced delinquent taxes commenctng tn 1998 whtch were recently pubhshed tn the paper One of the hsttngs mvolved a very large amount and the Ctty ts dotng bustness wtth this parttcular apphcant Counctl Lady Eure wtshed to be advtsed if these amounts are cumulattve ITEM # 48263 Counctl Lady Henley comphmented the drtver of the Tidewater Fibre Recycling Truck On her way to the meettng today, she not~ced the drtver fevertshly attempttng to pick up all the trash whtch scattered from a can dropped onto Prtncess Anne Road dune 12, 2001 -16- ITEM # 48264 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the City Counctl Conference Room, City Hall Butl&ng, on Tuesday, June 5, 2001, at 4 40 PM Counctl Members Present Ltnwood 0 Branch, IIL Margaret L Eure, Wdham ~ Harrtson, dr, Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Absent Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr June 12, 2001 -17- ITEM # 48265 Mayor Oberndorf entertatned a motion to permit Ctty Counctl to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followmg purpose PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of prospective can&dates for employment, asstgnment, appotntment, promotion, performance, demotion, salartes, dtsctphmng, or restgnatton of specific pubhc officers, appointees, or employees pursuant to Sectton 2 1-344 (A) (I) To Wit Boards and Commtsstons Arts and Humantttes Commtsston Beaches and Waterways Advtsory Commtsston Community Servtces Board Hampton Roads Planntng Dtstrtct Cotnmtsston Parks and Recreatton Commtsston Shore Drtve Advtsory Commtttee Soctal Services Board Ttdewater Commumty College Board Tzdewater Regtonal Group Home Commtsston PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real property for a pubhc purpose, or of the dtsposttton of pubhcly-held real property, where dtscusston tn an open meeting would adversely affect the bargatmng posttton or negottattng strategy of the pubhc body pursuant to Section 2 1-344(A)(3) To-Wtt Agrtcultural Reserve Program - Three (3) parcels Prmcess Anne Dtstrtct LEGAL MA TTERS Consultatton wtth legal counsel or brtefings by staff members, consultants, or attorneys pertaining to actual or probable httgatton, or other spectfic legal matters requesttng the provision of legal advice by counsel pursuant to Sectton 2 1-344(A)(7) To- Wtt 31st Street ProJect Upon motton by Counctlman Harrtson, into CLOSED SESSION. Vottng 8-0 seconded by Councd Lady Eure, City Counctl voted to proceed Counctl Members Vottng Aye Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Council Members Absent Ltnwood 0 Branch, IIL Louts R Jones and Vtce Mayor Wtlham D Sessoms, ,Ir (Time of Closed Session: 5:05 P.M. to 5:25 P.M.) June 12, 2001 -18- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL June 12, 2001 6:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Butldmg, on Tuesday, dune 12, 2001, at 6 O0 P M Council Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Absent Vtce Mayor Wtlltam D Sessoms, dr Louts R Jones [Out of Ctty on Bustness] [Out of Ctty] INVOCATION Pastor James E Womble Landsdale Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA dune 12, 2001 Item V-E - 19- CER TIFICA TION OF CLOSED SESSION ITEM # 48266 Upon motton by Counctlman Harmson, seconded by Councd Lady Wtlson, City Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc business matters lawfully exempted from Open Meettng requirements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch thcs certtficaaon resolutton apphes, AND, Only such pubhc busmess matters as were identified tn the motion convening the Closed Sesston were heard, dtscussed or considered by Vtrgtma Beach Ctty Counctl Vottng 9-0 Councd Members Votmg Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harmson, Jr, Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wdson Councd Members Vottng Nay None Councd Members Absent Louts R Jones and Vzce Mayor Wdham D Sessoms, Jr June 12, 2001 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Councd convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 48265, page 17, and m accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia reqmres a certification by the govermng body that such Closed Session was conducted m conformity w~th Vlrglma law. NOW, THEREFORE, BE IT RESOLVED: That the V~rgima Beach City Councd hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by V~rgima law were discussed ~n Closed Session to which this certification resolution applies; and, (b) only such public business matters as were Identified ~n the motion convening th~s Closed Session were heard, discussed or considered by Virginia Beach C~ty Council. ~a~h Hodges~Smi'th, MMC City Clerk June 12, 2001 Item V-F. 1. - 20- MINUTES ITEM # 48267 Upon motton by Counctlman Harrison, seconded by Counctl Lady Parker, Ctty Counctl APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of June 5, 2001. l/ottng 9-0 Counctl Members Vottng Ave Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr, Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wilson Counctl Members Voting Nay None Counctl Members Absent Louts R Jones and Vice Mayor Wtlham D Sessoms, Jr June 12, 2001 -21 - Item V-G.I. ,4DOPT ,4 GEND,4 FOR FORM,4L SESSION ITEM # 48268 BY CONSENSUS, Ctty Councd ,4DOPTED: ,4 GEND,4 FOR THE FORMAL SESSION June 12, 2001 - 22 - Item VI-G. 2. RE COGNITION ITEM # 48269 Mayor Oberndorf RECOGNIZED MISS VIRGINIA BEA CH ABBEY NICOLE DELK Mtss Delk was accompanted by Polly Pearce Mayor Oberndorf advtsed Abbey wdl be a Junior at Mary Washtngton College tn September and ts seekmg a degree tn Btology/Psychology wtth a concentratton tn Mustc Abbey's area of interest ts Asthma and the tnflamatton of the lungs She ts not only beautiful, but was named the "Hampton Roads Young Achtever" by WA VY TV, ts a member of Nattonal Honor Society, National Soctety of Collegtate Scholars - Mary Washington College, recetved the Daughters' of the Amertcan Revolution award, Vtrgtntan-Pdot Scholasttc Achtevement Award, Dady Press Achtevement Award and Thtrd Place Wtnner tn the State Essay Contest "What ts rtght about Amertca" Abbey has been swtmmtng smce she was stx months old For three years, she has taught a young boy John, a bhnd member of the local swim club, how to swim Mayor OberndorfquotedAbbey "Although Ihave only hved 19years, I beheve wtth all my heart that thts ts my greatest accomphshment of all, sharing not only my ttme, but my sense of sight, so that another chtld may fulfill hts dream Mayor Oberndorf presented Abbey wtth tokens of apprectatton from the Ctty June 12, 2001 - 23 - Item V-H. ORDINANCES/RES OL UTION ITEM #482 70 Upon motton by Counctl Lady Henley, seconded by Counctlman Harrison, Ctty Council APPROVED IN ONE MOTION, Ordmances/Resolutton 1, 2, 3, 4, 6, 7 (AS AMENDED), 8, 9 and I 0 (DEFERRED) of the CONSENT AGENDA. Item 7 was AMENDED, BY CONSENT Item 10 was DEFERRED INDEFINITEL Y, B Y CONSENT Voting 9-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Voting Nay None Counctl Members Absent Louts R Jones and Vtce Mayor Wtlham D Sessoms, dr Counctl Lady McClanan voted a VERBAL NAY on Item 6 Counctlman Harrison ABSTAINED on Item H 7 (Pavthon Theater replacemen0 as Armada Hoffler ss a chent of hts law firm There ss some appearance that thts theater wtll be connected to the Armada Hoffler proposal for the Town Center As the appearance of impropriety exists, he wtll refrain from vottng June 12, 2001 - 24 - Item V-H. 1. ORDINANCES/RES OL UTION ITEM #482 71 Upon motton by Counctl Lady Henley, seconded by Counctlman Harrison, Ctty Counctl ADOPTED Ordtnance to authorize the acquisition of temporary and permanent easements for the Sandbridge dratnage tmprovements, by either agreement or condemnation re stormwater management.(DISTRICT- 7 PRINCESS ANNE) Voting 9-0 (By Consen0 Councd Members Vottng Ave Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wilson Counctl Members Vottng Nay None Council Members Absent Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr June 12, 2001 ORDINANCE NO. AN ORDINANCE TO AUTHORIZE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS FOR SANDBRIDGE DRAINAGE IMPROVEMENTS, PRINCESS ANNE DISTRICT (ClP 7-144), EITHER BY AGREEMENT OR CONDEMNATION WHEREAS, on April 13, 1999, the Councd of the C~ty of Virginia Beach did authorize the acquisibon of certain easements, by agreement or condemnation, shown on 3 a drawing attached to the Ordinance No. 99-2526C adopted on the aforesaid date; and WHEREAS, since that time, the design of the Sandbridge Drainage 5 Improvements Project, CIP 7-144 has been rewsed necessitabng the acquisition of addibonal easements beyond the scope of those previously approved by the Council of the ? C~ty of Virginia Beach on April 13, 1999, and WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of th~s important drainage project and improvements to provide adequate drainage for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach and for other pubhc purposes. Z3 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 15 1. That the Council of the City of Virginia Beach authorizes the acquisition by purchase or condemnation pursuant to Sections 15 2-1901, et seq., Code ~_ ? of V~rgin~a of 1950, as amended, of all those certain temporary and permanent easements for the Sandbridge Drainage Improvements, CIP 7-144 (collectively, the "Easements") as shown on sheets 4, 5, 6, 7, 8, and 9 of 10 as a part of those certain project plans entitled "Sandbndge Storm Sewer, CIP 7-144" (collectively, the "Project"), and more specifically ~. ~. described on the acquisition plats for the Project (plans and plats collectively, the "Plans"), the Plans being on file in the Engineering D~vision, Department of Public Works, City of Virginia Beach, Virginia. 2 4 2 That the C~ty Manager ~s hereby authorized to make or cause to be 25 26 27 made on behalf of the C~ty of V~rg~ma Beach, to the extent that funds are avadable, a reasonable offer to the owners or persons having an interest m the Easements If refused, the C~ty Attorney ~s hereby authorized to Institute proceedings to condemn the Easements 29 day of Adopted by the Councd of the CIty of V~rg~ma Beach, Virg~ma, on the 12th' June ,2001 CA-8085 R-1 PREPARED CBCNTV APPROVED AS TO CONTENT: S~gna~e Department APPROVED AS TO LEGAL . ,~......_IENCY AND FOR.M C~ty Attorney ~ MAY ] '7 2001 SANDBRIDGE DRAINAGE IMPROVEMENTS PROJECT EASEMENT AcquISITION CIP 7 - 144 .%.. i / .... ,..; , ,~'~ ,. .%. .. .. - 25 - Item V-H. 2. ORDINANCES/RES OL UTION ITEM #482 72 Upon morton by Councd Lady Henley, seconded by Councdman Harrtson, City Councd ADOPTED Ordtnance to AUTHORIZE a temporary encroachment tnto a portton of the ctty-owned canal, known as Bass Inlet, by WILLIAM J. and KIMBERL Y B. EPSOM re pier, bulkhead, boatramp construction and removal of a deteriorated ramp/pier at 2884 Bluebdl Drtve, Sandbrtdge Shores (DISTRICT- 7 PRINCESS ANNE) The followtng condtttons shall be required The temporary encroachment shall be constructed and mamtamed tn accordance wtth the laws of the Commonwealth of Vtrgtma and the Ctty of Vtrgtnta Beach and tn accordance wtth the Ctty's spectficattons and approval as to stze, ahgnment and locatton The temporary encroachment shall termtnate upon nottce by the City to the apphcant and, wtthm thtrty (30) days after such nottce ts gtven, the temporary encroachment must be removed from the encroachment area by the apphcant and the apphcant wtll bear all costs and expenses of such removal The apphcant shall mdemntfy 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 artsmg out of the location or extstence of the temporary encroachment Nothtng heretn contained shall be construed to enlarge the permtsston and authortty to permtt the maintenance or constructton of any encroachment other than that spectfied hereto and to the hmtted extent spectfied hereto, nor to permtt the matntenance and constructton of any encroachment by anyone other than the apphcant 5 The apphcant agrees to matntatn the temporary encroachment so as not to become unsightly or a hazard The apphcant must obtam a permtt from the Office of Development Servtces Center~Planning Department prtor to commenctng any constructton wtthtn the encroachment area The apphcant shall obtatn and keep tn force all rtsk property msurance and general habthty or such insurance as ts deemed necessary by the Ctty, and all tnsurance pohctes must name the Ctty as addtttonal named insured or loss payee, as apphcable The apphcant must also carry comprehenstve general ltabtltty msurance tn an amount not less than Ftve Hundred Thousand Dollars ($500,000), combtned single hmtts of such tnsurance pohcy or pohctes The apphcant must provtde endorsements provtdtng at least thtrty (30) days'wrttten notice to the Ctty prtor to the cancellatton or termmatton of or matertal change to, any of the tnsurance pohctes The apphcant assumes all responstbthttes and habthttes, vested or contingent, wtth relatton to the temporary encroachment 8 The temporary encroachment must conform to the mtntmum setback requtrements as estabhshed by the ctty June 12, 2001 Item V-H. 2. - 26- ORDINANCES/RESOL UTION ITEM #482 72 (Continued) 10 The apphcant must submtt for revtew and approval, a survey for the encroachment area, certtfied by a regtstered professtonal engmeer or a hcensed land surveyor, and/or "as butlt" plans of the Temporary Encroachment sealed by a regtsteredprofesstonal engtneer, if required by etther the City Engtneer's Office or the Engtneertng Dtvtston of the Pubhc Utthttes Department Prtor to tssuance of a Rtght-of- Way Permtt, the apphcant must post a Performance Bond The amount of the bond shall be determtned by the Department of Planmng, Development Servtces Center (DSC) at the tttne of stte development plan revtew Vottng 9-0 (By Consen0 Counctl Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr, Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wilson Counctl Members Vottng Nay None Counctl Members Absent Louts R Jones and Vtce Mayor Wtlltam D Sessoms, Jr June 12, 2001 I Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF AN EXISTING CITY OWNED CANAL KNOWN AS BASS INLET BY WILLIAM J EPSOM AND KIMBERLY B EPSOM, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, W~ll~am J Epsom and K~mberly B Epsom, desire to construct and maintain a p~er, bulkhead, and boat ramp ~nto a port~on of the C~ty owned canal known as Bass Inlet located at the rear of 2884 Bluebell Drive 12 WHEREAS, C~ty Council ~s authorized pursuant to §§ 15 2-2009 and 15 2- 13 2107, Code of V~rgm~a, 1950, as amended, to authorize a temporary encroachment upon the C~ty's right-of-way subject to such terms and condibons as Council may prescribe 15 NOW, THEREFORE BE IT ORDAINED BYTHE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That pursuant to the authority and to the extent thereof contained ~n §§ 15 2- 18 2009 and 15 2-2107, Code of V~rg~ma, 1950, as amended W~ll~am J Epsom and K~mberly Epsom their he~rs, assigns and successors ~n btle are authorized to construct and 2 0 maintain a temporary encroachment for a p~er, bulkhead, and boat ramp ~nto a port~on of 21 the C~ty owned canal known as Bass Inlet as shown on the map enbtled "EXHIBIT "A" 22 PROPOSED ENCROACHMENT OF A PIER BULKHEAD & BOAT RAMP FOR WILLIAM 23 J EPSOM LOT 23, SANDBRIDGE SHORES, SECTION lA - SOUTH AREA 24 LYNNHAVEN DISTRICT VIRGINIA BEACH, VA (M B 72 PG 2) DATE FEBRUARY 14, 2 5 2001 ", a copy of which ~s on file ~n the Department of Public Works and to which reference 2 6 iS made for a more particular description, and 2'7 BE IT FURTHER ORDAINED, that the temporary encroachment ~s expressly 2 8 subject to those terms, cond~bons and criteria contained ~n the Agreement between the 2 9 C~ty of V~rg~ma Beach and Will~am J Epsom and K~mberly B Epsom, (the "Agreement") 3 0 which ~s attached hereto and ~ncorporated by reference, and 31 32 33 34 35 BE IT FURTHER ORDAINED that the City Manager or h~s authorized demgnee ~s hereby authorized to execute the Agreement day of Adopted by the Council of the C~ty of V~rg~n~a Beach, V~rg~n~a, on the ~ June ,2001 12th 36 37 38 39 CA-~ PWALDO\BLUEBILL\EPSOM.ORD R-1 PREPARED 5123101 API:~r~VED AS TO CONTENTS ~.~,) SIGNAT~JRE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND'F~RM CITY A'J'TORNEY PREPARED BY VIRGI~IIA BEACH CITY ATI'ORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-81 l(a)(3) AND 58 1-81 l(e)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this 27thday of April ,2001 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and WILLIAM J. EPSOM AND KIMBERLY B EPSOM, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one WITNESSETH That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 23, SANDBRIDGE SHORES, SECTION lA- SOUTH AREA LYNNHAVEN DISTRICT" and being further designated and described as 2884 Bluebill Drive, Virginia Beach, Virginia 23456, and That, WHEREAS, it is proposed by the Grantee to construct and maintain a pier, bulkhead, and boat ramp, "Temporary Encroachment", in the City of Virginia Beach, and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City owned canal known as Bass Inlet "The Temporary Encroachment 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), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee GPIN 2433-34-3442 permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and Is more particularly described as follows, to wit A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled "PROPOSED ENCROACHMENT OF A PIER, BULKHEAD, AND BOAT RAMP FOR WILLIAM J EPSOM LOT 23, SANDBRIDGE SHORES, SECTION lA- SOUTH AREA LYNNHAVEN DISTRICT VIRGINIA BEACH, VA (M B 72 PG 2) DATE FEBRUARY 14, 2001," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee, and that the Grantee will bear all costs and expenses of such removal It ~s further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the mmntenance and construction of any encroachment by anyone other than the Grantee It is further expressly understood and agreed that the Grantee agrees to mmntain the Temporary Encroachment so as not to become unsightly or a hazard It is further expressly understood and agreed that the Grantee must remove the existing pier and ramp ~n disrepair It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the C~ty, and all insurance policies must name the City as additional named insured or loss payee, as applicable The Grantee also agrees to carry comprehensive general liabihty insurance in an amount not less than $500,000 00, combined single limits of such insurance policy or policies The Grantee will provide endorsements providing at least thmy (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies The Grantee assumes all responsibilities and liabilities, vested or contingent, wtth relation to the Temporary Encroachment It ts further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by e~ther the C~ty 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 permtssion so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost ~n 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 eqmvalent ofwhat would be the real property tax upon the land so occupied if it were owned by the Grantee, and if such removal shall not be made within the time ordered hereinabove by ttus Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100 00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes IN WITNESS WHEREOF, William J Epsom and Kimberly B Epsom, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed Further, that the City of Virginia Beach has caused this Agreement to be executed in ~ts name and on its behalf by ~ts C~ty Manager and its seal be hereunto affixed and attested by its City Clerk CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit The foregoing instrument was acknowledged before me this day of~ ,20 ,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 Notary Public My Commission Expires STATE OF CITY/COUNTY OF ~/~¥~~ ~e~ , to-wit The foregoing instrument was acknowledged before me this -~ '/~'/~ - day of~ /~/-)t f ,20 ~)/', by WILLIAM J EPSOM and KIMBERLY B EPSOM / / Notary Pubhc APPROVED AS TO LEGAL SUFFICIENCY APPROVED AS TO CONTENT CANAL IS OWNED BY CITY OF VIRGINIA BEACH 2433-,33-0267 MHW 2.4' AT BULKHEAD AUGNMENT. PROPOSED BULKHEAD BASS INLET PROPOSED PIER / REMOVE EXIST \,~ / PIER AND RAMP PROPOSED / ~N DISREPAIR GEOWEB RAMP ~2'x 2o' LOT 2.3 ~, GPIN: 2433-34-,3442 EXISTING BULKHEAD / / / RETURN THIS END // PIN(F) r- I u: ~u/ , A: 8' ,.._.J 2NO STY OEC~ ~ E' 73' //~' " C: 25 A: 59 ~ / "/.~J: ~-sTOR¥ ~R^UE 1/.~ ~; ~'.~r # 2884- /' N/F PE~R E. CHRISTOPH ~ ~,, '[ / N/F DE~Y C. SPARKS. JR. .~N(F)~~~N(r) LAT: N 3S'.3. S~' / BLUEBILL DRIVE ~ PLAN VIEW LON: W 76'56.30' ' 2001 WATERFRONT CONSULTING, INC ALL RIGHTS RESERVED. SCALE 1" = 30' WATERFRONT CONSULTING, INC 1112 JENSEN DRIVE, STE. 206 VIRGINIA BEACH, VA 23451 PHONE: (757) 425-8244 FAX: (757) 425-8244 EXHIBIT "A" PROPOSED ENCROACHMENT OF A PIER BULKHEAD & BOAT RAMP FOR WlLUAM J. EPSOM LOT 23, SANDBRIDGE SHORES, SECTION lA - SOUTH AREA LYNNHAVEN DISTRICT VIRGINIA BEACH, VA (M.B. 72 PG. 2) DATE: FEBRUARY 14, 2001 Nearby properties Item V-H. 3. -27- ORDINANCES/RES OL UTION ITEM #482 73 Upon motton by Counctl Lady Henley, seconded by Councdman Harrtson, Ctty Councd ADOPTED Or&nance to AMEND the Ctty's FY 2001-2002 operating budget by reductng approprtattons to the School's operattngfund by $3,454,453 and the School grants by $2,254,412 Voting 9-0 (By Consen0 Council Members' Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Council Members Vottng Nay None Counctl Members Absent Louts R Jones and Vtce Mayor Wtlham D Sessoms, dr June 12, 2001 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 AN ORDINANCE TO AMEND THE CITY'S FY 2001-02 OPERATING BUDGET BY REDUCING APPROPRIATIONS TO THE SCHOOL OPERATING FUND BY $3,454,453 AND THE SCHOOL GRANTS FUND BY $2,254,412 WHEREAS, the appropriations in the City's Operating Budget to the School Board as adopted by City Council on May 15, 2001, require amendments based on the revised State budget in effect for the period July 1, 2001 through June 30, 2002; WHEREAS, the School Board has studied the recommended School Operating Budget in view of State and Federal requirements, additional demand for space and operations, the strategic plan, priorities, expectations and the best educational interests of students; WHEREAS, the School Board recommends the revisions to the City's FY 2001-02 Operating Budget for the Schools Operating Fund as follows: a) Deczease by $19,821 the amount in the Administration, Attendance and Health appropriation category; b) Decrease by $4,187,581 the amount in the Instruction appropriation category; c) Increase by $595,023 the amount in the Operations and Maintenance appropriation category; d) Increase by $157,926 the amount in the Pupil Transportation appropriation category; and WHEREAS, the School Board recommends a revision to the FY 2001-02 School Grants Fund to revise the recommended budget to $73,469,339 by increasing by $2,254,412 the amount in the Education - Grants appropriation category. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the following appropriations to the Schools' Operating Fund in the City's FY 2001-02 Operating Budget are hereby revised as follows: 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 a) Decrease by $19,821 the amount in the Administration, Attendance and Health appropriation category; b) Decrease by $4,187,581 the amount in the Instruction appropriation category; c) Increase by $595,023 the amount in the Operations and Maintenance appropriation category; d) Increase by $157,926 the amount in the Pupil Transportation appropriation category; and 2. That the City's FY 2001-02 Operating Budget be amended by increasing by $2,254,412 the appropriation to the Education - Grants category in the School's Grant Fund. 3. That estimated revenue from the State Government is hereby decreased in the amount of $3,454,453. 4. That estimated revenue from the Federal Government is hereby increased in the amount of $2,254,412. 5. That this ordinance shall be effective on July 1, 2001. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of June , 2001. Requires an affirmative vote by a majority of the members of City Council. CA8149 noncode/schoolobamdord.wpd R2 June 6, 2001 Approved as to Content' Management/~vi~es Approved as to Legal Sufficiency: City Attor~~ s ~J~i'c~ i iRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE BUDGET RESOLUTION WHEREAS, the mission of the Virginia Beach City Public Schools, in partnership with our entire community, is to ensure that each student is empowered with the knowledge and skills necessary to meet the challenges of the future; and WHEREAS, thc School Board has adopted a comprehensive strategic plan and school improvement priorities to guide budgetary decisions; and WHEREAS, mandat~ of federal and state governments have created additional demands; and WHEREAS, the School Board has studied the recommended School Operating Budget in view of state and federal requirements, additional demands for space and operations, the strategic plan, priorities, expectations, and the best educational interests of its students; and WtTF~REAS, the School Board proposed Operating Budget has been prepared to meet the Revenue Sharing Formula target as set by the City Council; now, therefore, be it RESOLVED: That the Virginia Beach City School Board, on the 15th day of May 2001, requests a lump sum appropriation of $487,654,377 from the City Council of Virginia Beach for the 2001-2002 School Operating Budget, and be it further RESOLVED: That the Virginia Beach City School Board reque.sts an appropriation of $73,469,339 for special grants, and other special revenue funds, for the 2001-2002 fiscal year; and be it further RESOLVED: That a copy of this resolution be spread across the official mirmtcs of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by ihe School Board this 1 $~ day of May 2001 SEAL ~l~aniei b. fidwards, Chairtnan Attest: Dianne Page Alexander, Clerk of the Board School Adm,mstraaon Budding · 2512 George Hason Drive · P, O. Box 6038 · V~rginia Beach, VA 23456.0038 VIRGINIA BEACtl CITY PUBLIC SCItOOLS PROJECTED REVENUE SUMMARY FY 2001/2002 PERCENT FY 1997-98 FY 1998-99 FY 1999-00 FY 2000-01 FY 2001-02 OF REVENUE ACCOUNTS ACTUAL ACTUAL ACTUAL BUDGET BUDGET TOTAL Ad~l~ Baste Educat~o~ ' $1 ! i,323 $169,5601 '$201,3061 $134,408 $134,408 0 03% Pubhc Law 874 (Operation) 10,625,693 7,818,471: 10,728,187 8,146,536 12,211,723 2 50% Department of Defense (P L 486) i,440,647 0' 2,325,4301 1,200,000 ~3 0 00% Rebates and Refunds (NJROTC) I 16,0 ! I I ! 8,916 l 19,708. 90,000 100,00(~ 0 02% Other Federal Funds 209,430 i 91,4.26 326,419 ] 75,00,9 175,000, 0 04% FEDERAL REVENUE 12,5_03,10.4. 8,298,~. 73 13,701,050 9,745,944 12,621,131: 2.59% Basic School Amd 130,906,069 138,215,017 134,778,814 145,912,821 140,135,068 28 73% State Sales Tax 42,539,771 45,733,853 49,490,165 52,208,336 55,381,073 i 1.35% Salary Supplement (Note A) 5,693,957 1,793,277 8,353,259 2,403,785 3,961,048 0 81% Foster Home Children 253,173 207,313 242,709 453,24 i 228,280 0 05% General Adult Education 154,517 87,682 59,211 146.411 122,846 0 03% G{fted and Talented (SOQ) 1,598,304 1,693,651 1.690,541 1,766,046 1,738,997 0 36% Spec{al Educat{on (SOQ) 8,837,375 10,407,645 10,383,840 12,626,320 12,489,894 2 56% Special Educat{on (Homebound) 195,999 158,574 168,860 i 62,950 184,657 0 04% Special Educauon (Regional Tmtmon) 3,570,61 ! 3,641,599 3,785,016 5,053,019 4,975,123 ! 02% Remedml Sununer School 892, ! 88 921,127 940,844 919,792 922,326 0 19% Remedml Education (SOQ) 1,969,472 2,011, ! 39 2,006,539 2,327,204 2,195,489 0 45% Vocatmonal Education (SOQ) i ,615,977 ! ,508,354 1,504,904 1,733,024 1,707,603 0 35% Vocational Educat{on-Categoncal 338,537 337,908 236,952 482,329 335,757 0 07% Social Security 7,442,478 7,968,874 7,954,787 8,485,585 8,418,052 I 73% V{rg{ma Ret{rement System 7,623,811 9,064,676 9,387,618 8,91 !,285 5,125,105 I 05% State Employee Insurance 52,767 0 0 326,830 351,633 0 07% Other State Funds 85,027 850,645 2,388,164 2,237,338 2,980,255 0 61% Enghsh as a Second Language 210,809 183,270 203,439 180,305 190,129 0 04% At-R~sk Imt{atmve 1,499,290 1,267,018 1,265,248 1,402,254 1,375,638 0 28% Class S~ze Imt~at~ve 2,457,548 3,937,103 3,925,426 3,335,208 3,012,319 0 62% Maintenance Reserves 749,205 747,199 745,827 735,853 724,582 0.15% SOL Teaching Materials 499,470 9,96,265 994,436 490,568 ,483,055 0.10% STATE REVENUE 219,186,355 231,732,189 240,506,599 252,300,504 247,038,929 50.66% Local Contnbut{ons 167,031,210 177,021,802 ! 9 !, 157,513 208,189,338~ 225,946,303 46 33% Rental of Facfltt~es 444,864 492,552 593,645 430,0001 480,000 0 10% Surnmer School Tuit{on 520,786 544,464 551,573 527,689 537,689 0 11% General Adult Ed Tmtlon 127,497 157,273 201,577 i 23,622 142,839 0 03% Vocational Adult Ed Tumtlon 205,405 184,084 125,877 169,850 169,750 0 03% Non-Resmdent Tu{t{on 86,354 98,702 88,681 100,000 ! 00,000 0 02% Drtver Education Tuttlon 257,400 231,360 245,966 219,230 225,350 0 05%: LPN Tint,on 54,575 44,139 27,617 34,575 34,575 0 01% Open Campus Tint,on 22,761 20,729 2 ! ,860 20,8 ! 1 20,811 0 00% Sale of School Vehicles 32,345 8,505 51,222 5.000 5,000 0 00% Sale of Salvage Equipment 5,785 9,082 13,05 i 2,000 2,000 0 00% Insurance AdJustments 21,479 47,088 63,118 0 0 0 00% Other Funds 132,574 137.745 112,838 50,000 95,000 0 02% Flexible Benefits Forfeitures 0 0 36.671 30.000 15,000 ~ 0 00%I Indirect Costs of Grants i 48,425 196,514 220.274 i 3 ! ,000 220,000 0.05% Settlements i, 142,6241 2,35,5 0 0 0 0 00% LOCAL REVENUE 170,234,084 179,196,394 193,511,483 210,033,11.5 227,994,3_!71 46.75% YOTA.L.REVENUE ,, .$401,923,.543 $4..19,226,95...6 $447,7.!9,.132 $472,079,563 ~.87,654,377 . 100.00% May 15,2001 I VIRGINIA BEACll CITY PUBLIC SCllOOLS FY 2001/02 OPEILATING BUDGET UNIT FY 199%98 FY 1998-99 F¥1999-00 FY 2000-01 FY 2001-2002 Percent of CODE DESCRIPTION ACTUAL ACTUAL ., ACTUAL B .UDG.ET BUDGET Budge. t 50100 Elementary Classroo~n $96,321,249 599,237.294 $102.8:~1~.925 $103,504,883 $101,692.125 20 85% 5020(} Senior Ihgh Classroom 51,972,476 54,712,944 58,041,657 57,138.832 58.815.285' 12 06% S0300 rcchmcal and Career Education Classroom 14,561,833 14,777,655 14.131,257 14,977,944 15,442,208 3 1 50400 Gifted Education and Magnet Schools 4,338,412 7,727,343 8,830,150 9,093,722 9,101,010 I 87% 50500 Special Education 44,435,882 46,348,695 47,763,865 51,314,813 51,904,496 1064% 50600 Summer School 1,195,154 1,451,510 1,415,669 2,452,310 2,877,928 059% 50700 General Adult Education 1,289,521 1,495,167 1,512,063 1,719,244 1,795,744 037% 50800 Open Campus 457,990 525,224 646,388 1,301,170 1,406,455 0 29% 50900 Student Activities 2,491,851 2,576,234 2,513,686 2,795,525 3,156,030 0 65% 51000 Pnnclpal - Elementary School 12,969,226 13,738,060 13,944,057 14,974,396 16,090,649 3 30% 51100 Principal - Senior High School 5,916,723 6,438,691 6,921,480 7,412,974 7,953,669 ! 63M 51200 Pnnclpal - Technical & Career Education 710,461 511,053 523,147 549,427 376,544 0 0SM 51300 Guidance Services 12,044,020 12,129,260 12,071,194 12,892,598 12,790,737 2 62aA 51400 Social Work Serx'tces 1,419,465 1,511,187 1,546,115 1,605,34g !,785,224 0 37M 5 ! 500 Media and Communications 784,221 1,05 !,413 949,613 !,081,03 i 1,071,482 0 22aA 51600 Instructional Technology I,I I 1,748 4,754,022 5,777,744 6,373,454 7,271,924 I 49eA 51700 Instructional Support 4,453,707 5,441,580 6,537,270 9,157,487 9,004,764 I 85% 51710 Organizational Development 0 0 0 412,509 864,143 0 18% 51800 Special Education Support 1,068,912 1,227,761 1,237,049 1,317,635 1,354j196 028% 51900 Gifted Educatson & Magnet Support 245,616 474,700 535,436 660,815 ' 1,048,016 , 021% 52000 Media Services Support 9,841,257 9,810,343 10,573,581 10,208,767 9,985,519 2.05% 52100 Accountabdsty 1,070,257 1,046,983 1,098,557 1,170,736 1,610,009 0 33% i2200 Middle School Classroom 48,128.875 46,686,494 47,411,082 46,387,299 47,452,792 9.73% 52300 Remedial Education !,550,227 1,789,831 1,743,079 2,007,606 ,',3,812,108 0.78% 52400 Pnnclpal - Middle School 6,581,977 6,760,931 6,848,064 7,055,372 ' ' 7,030,065 1.44% 52500 Homebound Services 712,697 647,975 601,984 848,211 ,867,95,9 '0.18% ~2600 Technical and Career Ed Support 790,782 775,715 662,884 698,070 ", *,705,796 ' t 0.14% 52700 Student Leadership 607,655 640,333 632,940 711,720 , t., -i.7~Q0,.4,88 .0 14% 52800 Psychological Services 2,104,782 2,107,178 2,102,672 2,318,542 ~ 2,665~643 ' 0 55% 52900 Audiological Services 143,912 138,501 181,827 189,118 ., '}212,052 . 004% 53100 School Administration 627,5 l0 697,607 782,894 1,010,459 53200 Alternative Edut:atlon 0 0 !.970.329 2.233.998 ' 2,131,927 , . 044% 329,948.,398 3477231,683 362r336,654 -375~S76~007 '..,:,31M,008,29l ' · %78.75% 54100 Board, Legal and Governmental Services 551,565 630,803 577,561 1,129,917 1,135,0891 ,0 23% ~ ,~599,253 ,~ 0 12% 54200 Supenntendent 436,794 456,060 398,703 603,291 ' :' 1"2,255,400' 54300 Budget and Finance 2,308,153 2,091,904 1,813,047 2,164,525 , i4400 Human Resources 1,449,616 !,529,741 2,431,268 2,942,706 , ~i.~ :-2,9,43,353: - , .,~ 0.60% 54500 Internal Audit 187,194 202,020 229,144 241,896 ' '''- 26:~'~811 005% 54600 Purchasing Services 584,290 548,675 620,586 677,390 ~ 704,37.8 0 14% 54700 Organizational Development 0 0 934,155 1,890,859 0 ~,767,388; , , ',, ? 36% i4900 Technology 2,773,696 3,493,934 3,654,695 933,931 !,068,101 ', 022% 55000 Benefits 0 945,751 !,260,193 1,403,033 1~578,646 , , 0 32% 55200 Health Services 3,088,8! I 3,066,175 3,492,388 4,142,038 4,433~328 '- 0 91 11r380,119 127965,064 15,411~740 16~129~86 167747,617. 3.41% 56100 Management 682,924 723,749 904,3 [ 2 1,065,492 1,296,987 0.27% 56200 Vehicle Operations 12,001,104 13,131,406 15,145,136 15,920,960 16,905,219 3 47% 56300 Vehicle Maintenance 1,587,503 1,605,765 1,867,461 2,000,094 2,031,130 0 42% 56400 MonltonngServlces 1,471,4,77 1,579,781 !,743,,.638 1,917,510 2~03,9t429 , 042% 15~7437008 17~040,701 19,660,547 20~904,056 227272~765, 4.q8% 57100 Facilities, Planning and Construction 401,779 421,593 588,078 530,148 i7200 School Plant 21,347,095 22,988,445 26,124,407 27,949,994 29,284,574 57300 Supply Services 649,474 713,193 778,207 934,157 977,355 ', 0.20% 57400 Grounds Services 2,229,282 2,502,005 2,445,941 3,035,636 3,0~3~531 0.63% 57500 Custodial Services 14.358,318 15,056,421 16,088,372 17, ! 77,008 19,2.07,?1,7 3 94% i7600 Environmental Services 265,145 382,956 291,634 437,364 412,43{~ 0 08% 58100 Security Services 341,301 336,740 1,378,491 2,931,400 3,591,536 . 0.74% i8200 Vehicle Services 322,324 482,242 1,389,678 722,848 ' ,77~,'~2~ ' ' 0.16% 58300 Telecommunications 0 0 669,314 1,180,296 1 58400 Technology Maintenance 0 0 0 4,571,063 ,, .%29:~1J22 ~.~ a.,: 1.09% 397914771. S . 427883,59S 497754~122 .S9,469.,.9141 64,62S,71M ..... $a96~86,2.4.3 $420,121,044 $447,163,063 , $472,079~.6.aI May 15,200 ! - 28 - Item V-H. 4. ORDINANCES/RESOL UTION ITEM #482 74 Upon motion by Counctl Lady Henley, seconded by Counctlman Harrtson, Ctty Counctl ADOPTED Ordtnance to APPROPRIATE $100, O00 from the School's Food Services fund balance to the FY 2000-2001 Food Service fund and mcrease esttmated revenue accordtngly Vottng 9-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, ,Ir, Barbara M Henley, Reba S McClanan, Robert C Man&go, ,Ir, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Council Members Vottng Nay None Counctl Members Absent Louts R clones and Vtce Mayor Wtlham D Sessoms, dr ,Iune 12, 2001 AN ORDINANCE APPROPRIATING $100,000 FROM THE SCHOOLS FOOD SERVICES FUND BALANCE TO THE FISCAL YEAR 2000-01 FOOD SERVICES FUND 10 11 12 13 14 15 16 WHEREAS, the School Administration's projected expenditures for the Food Services Fund indicates that less than $50,000 will be available on June 30, 2001; and WHEREAS, the School Administration recommends an additional approprzation of $100,000 that will insure that the School Board does not exceed the appropriation for thzs fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $100,000 is hereby approprzated to the FY 2000-01 Foods Services Fund and that estimated revenue is hereby increased to reflect the use of Schools Food Services Fund Balance to insure that appropriations are not exceeded for this fund. 17 18 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of June , 2001. 19 20 Requires an affirmative vote by a majority of the members of City Council. 21 22 23 24 25 26 27 28 29 CA8150 noncode/schoolservfdord.wpd June 6, 2001 R2 Approved as to Content: Managefhent Services Approved as to Legal Sufficiency' ~-4ty AtVt~ney~s[Office Item V-H.$. - 29- ORDINANCES/RES OL UTION ITEM #482 75 Ken Taylor, 932 Lasktn Road, representtng the Vtrgtnta Beach Hotel/Motel Assoctatton, Phone 437-7872, regtstered tn support of the Ordinance Upon motion by Councilman Harrison, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Ordinance to DELAY the EFFECTIVE DA TE of a prevtously adopted ordinance (May 15, 2001) re TAX ON TRANSIENTS obtatntng lodgtng tn the Ctty of Vtrgmta Beach from I July to 1 November 2001. (Requested by Vice Mayor Sessoms) Vottng 9-0 (By Consent) Council Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wdson Counctl Members Voting Nay None Counctl Members Absent Louts R Jones and Vice Mayor Wtlham D Sessoms, Jr June 12, 2001 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 Requested by Vice-Mayor William D. Sessoms, Jr. AN ORDINANCE TO DELAY THE EFFECTIVE DATE OF ORDINANCE 2635, PERTAINING TO INCREASES AND DECREASES IN THE TAX ON TRANSIENTS OBTAINING LODGING, TO NOVEMBER 1, 2001 WHEREAS, the City's FY 2000-02 Resource Management Plan includes raising the hotel tax rate from 5.5 cents to 8.0 cents; however, to provide the hotel industry adequate time to adjust to th~s new rate for advanced hotel reservations, a four-month delay · n the eftective date has been requested; and WHEREAS, this delay of the effective date of this increase will reduce estimated revenue by $2,850,000. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' 1. That the effective date of amendments to Sectzon 35- 159 of the Code of the City of Virginia Beach as adopted on May 15, 2001, in Ordinance 2635, a copy of which is attached hereto, shall be November 1, 2001, instead of July 1, 2001, as originally enacted; provided, however, that the provision in subsection (a) of Section 35-159 extending the flat tax through June 30, 2004, shall be effective immediately. 2. That the appropriations in the FY 2001-02 Operating Budget for the Major ProJects Special Revenue fund are hereby reduced by $2,850,000. 3. That hotel tax revenue ~n the FY 2001-02 Operating Budget is hereby reduced by $2,850,000. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 12 day of June , 2001. Requires an affirmative vote by a majority of the members of City Council. CA8157 proposed/35-159delay.ord R-4 - June 7, 2001 APPROVED AS TO CONTENT' /Managem4nt /ServiCes --- APPROVED AS TO LEGAL SUFFICIENCY' ~~At~t o r~~ ~ s~O/i~c~e, City 2635 10 11 12 13 15 16 17 18 19 20 21 22 23 25 26 27 28 29 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE TAX ON TRANSIENTS OBTAINING LODGING BY INCREASING THE TAX RATE, DEFERRING A SUNSET PROVISION THAT ELIMINATES TIlE FLAT TAX, AND LOWERING THE TAX IN THE SANDBRIDGE SPECIAL SERVICE DISTRICT SECTION AMENDED' ~ 35-159 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That Section 35-159 of the Code of the City of Virginia Beach is hereby amended and reordained to read as follows- Sec. 35-159. Levied; Amount (a) There is hereby levied and imposed on each transient a tax, equivalent to five and one-half (5.5) eiqh~ (8) percent of the total amount paid for lodging, by or for any such transient, to any lodging place, plus a flat tax of one dollar ($1.00) for each night of lodging at any lodging place other than a campground. The percentage-based portion of the tax rate~s: ~~ive-~--~' ua,,u~ry ...... 1, 1993 --~ -'--~ ..... ~- ~- -== .... ~ ......~ ..... ~ ~ .... ~-~ on June 30, 2027. The flat tax i~ effective September I, 1~,~ and shall remain in effect through June 30, 2001 2004. (b) There is hereby levied and imposed on each transient within the Sandbridge Special Service District (district) a tax, in addition to that levied in subsection (a) hereof, equivalent to ~ two and one-half (2.5) percent of the total amount paid for lodging within the district, by or for any such transient to any lodging place, excluding hotels, motels and travel campgrounds. 30 31 32 BE IT FURTHER ORDAINED' That this ordinance shall be effective July 1, 2001; provided, however, that the provision in subsection (a) extending the flat tax shall be effective immediately. 34 35 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 15th day of May, 2001. Requires an affirmative vote by a majority of the members of City Council. CA8032 F: \Data\ATY\Ordin\PROPOSED\35-159ord. wpd May 8, 2001 R-3 Item V-H. 6. - 30- ORDINANCES/RES OL UTION ITEM #482 76 Upon motton by Counctl Lady Henley, seconded by Counctlman Harrtson, Ctty Counctl ADOPTED Ordmance to APPROPRIATE $526,000 from the Shertff Department's spectal Revenue to fund thetr FY 2001-2002 operattng budget re Deputy's compensation. Voting 8-1 (By Consen0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr, Barbara M Henley, Robert C Mandtgo, Jr, Mayor Meyera E OberndorJ, Nancy K Parker and Rosemary Wtlson Counctl Members Voting Nay Reba S McClanan* Counctl Members Absent Louts R Jones and Vtce Mayor Wdham D Sessoms, Jr * Verbal Nay June 12, 2001 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 33 34 35 AN ORDINANCE TO APPROPRIATE $526,000 OF FUND BALANCE IN THE SHERIFF'S DEPARTMENT SPECIAL REVENUE FUND TO THE SHERIFF'S DEPARTMENT FY 2001-02 OPERATING BUDGET TO INCREASE DEPUTY'S SALARY SUPPLEMENTS AND AWARD OF ONE-TIME BONUSES WHEREAS, the Sheriff's Department proposes that $526,000 of fund balance be appropriated by City Council for the following purposes: (1) increased salary supplements for Sheriff's deputies and (2) implementation of a one-time bonus plan for sworn Sheriff's employees who will not be receiving a pay increase in FY 2001-02. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $526,000 is hereby appropriated from the fund balance in the Sheriff's Department Special Revenue Fund to the Sheriff's Department FY 2001-02 Operating Budget for the purposes as outlined below' a. $346,000 to increase the deputy's annual city salary supplement from $3,000 to $4,000; and b. $180,000 to implement a one-time bonus plan for sworn Sheriff's employees who will not be receiving a pay increase in FY 2001-02. 2. That estimated use of the Specific Fund Reserve is increased by $526,000 in FY 2001-02 in the Sheriff's Department Special Revenue Fund. 3. That the effective date of this ordinance shall be July 1, 2001. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of June , 2001. Requires an affirmative vote by a ma2or~ty of the members of C~ty Council. CA8154 Noncode/shersalord.wpd Ri - June 4, 2001 36 Approved As to Content: 37 39 Manag~ent Services~_ Approved As To Legal Su/fficienc~ , ~/~'w~ Depar~-~_~' Date Starting Salary Pohce Recruit Sheriff's Deputy 06/01/01 $29,317 O0 $26,329 O0 Dollar D~fference $2,988 00 Percent D~fferertce 10 19% 07/01/01 $31,418 O0 w~thout deputy adjustment $26,329 00 $5,089 O0 16 20% 07/01/01 $31,418 O0 w~th deputy adjustment $27,329 O0 $4,089 O0 1301% Attachment: Salary Comparison Schedule - 31 - Item V-H. 7. ORDINANCES/RESOL UTION ITEM #482 77 Attorney R E Bourdon, Phone 499-8971, represented a netghbortng property owner Upon morton by Councd Lady Henley, seconded by Councdman Harrtson, Ctty Councd ADOPTED, AS AMENDED: Ordtnance to TRANSFER $1, $~,C, ~,~,C $150,000 of FY 2001-2002 funds from the Convention Center replacement to Pavilion Theater replacement to initiate work on the new theater. Vottng 8-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Reba $ McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wilson Counctl Members Vottng Nay None Councd Members Abstatntng Wtlham W Harrtson, Jr Counctl Members Absent Louts R Jones and Vice Mayor PVdham D Sessoms, Jr Counctlman Harrtson ABSTAINED as Armada Hoffler ts a chent ofhts lawfirm There ts some appearance that thts theater wtll be connected to the Armada Hofflerproposal for the Town Center As the appearance of tmproprtety extsts, he wtll refratn from vottng June 12, 2001 AN ORDINANCE TO TRANSFER $150,000 OF FY 2001- 02 FUNDS FROM CIP PROJECT #9-018, CONVENTION CENTER REPLACEMENT, TO PROJECT #9-032, PAVILION THEATER REPLACEMENT, TO ALLOW FOR WORK TO PROCEED 10 11 12 13 14 15 16 17 18 19 20 21 22 WHEREAS, the Capital Improvement Program adopted by City Council on May 15, 2001, includes project #9-032, Pavilion Theater Replacement, which is scheduled to receive its initial appropriation in FY 2002-03; and WHEREAS, to initiate work for the new theater in FY 2001- 02, it will be necessary to transfer $150,000 of FY 2001-02 funding from project #9-018, Convention Center Replacement, with funding to be restored to project #9-018 in the FY 2002-03 budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $150,000 is hereby transferred from project %9-018, Convention Center Replacement, to project #9-032, Pavilion Theater Replacement, to allow the initiation of work on the new theater. The effective date of this ordinance shall be July 1, 2001. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of June, 2001. CA8148 noncode\Pavilion Theater, ord.wpd June 12, 2001 R3 - 32 - Item V-H. 8. ORDINANCES/RESOL UTION ITEM #482 78 Upon motton by Council Lady Henley, seconded by Counctlman Harrtson, Ctty Counctl ADOPTED: Ordtnance to ESTABLISH the SPORTSPLEX Special Revenue fund and TRANSFER $300,000 re operation and maintenance Vottng 9-0 (By ConsenO Councd Members Vottng Ave Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Louts R Jones and Vtce Mayor Wtlham D Sessoms, dr June 12, 2001 AN ORDINANCE TO ESTABLISH THE SPORTSPLEX SPECIAL REVENUE FUND AND TO TRANSFER GENERAL FUND APPROPRIATIONS OF $300,000 TO THIS FUND 10 11 12 13 14 15 16 17 18 19 20 WHEREAS, the city currently has a reserve established in the General Fund in its FY 2001-02 Operating Budget for the purpose of funding the operations and maintenance costs of the Sportsplex; and WHEREAS, to better account for revenues, it is recommended that a special revenue fund be created and existing appropriations be transferred to this fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Sportsplex Special Revenue Fund is hereby established. 2. That General Fund appropriations and estimated revenues in the amount of $300,000, established in the FY 2001-02 General Fund in a reserve account for the operation and maintenance of the Sportsplex, are hereby transferred to the Sportsplex Special Revenue Fund. 3. That this ordinance shall be effective July 1, 2001. 21 22 23 24 25 26 27 28 29 30 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of June , 2001. CA8153 noncode/sportsplexord.wpd R3 - June 7, 2001 APPROVED AS TO CONTENT: ./Manage~en~ I S'ervices APPROVED AS TO LEGAL SUFFICIENCY City Attorney' ~"~ffice ' Item V-H. 9. - 33 - ORDINANCES/RES OL UTION ITEM #482 79 Upon motton by Counctl Lady Henley, seconded by Councilman Harrison, Ctty Counctl ADOPTED: Ordtnance to TRANSFER $60,000 within the Department of Libraries FY 2000-2001 operattng budget re acqutsttton of an automated library access and printing control system Voting 9-0 (By ConsenO Counctl Members Voting Aye Ltnwood 0 Branch, IIL Margaret L Eure, Wtlham W Harrtson, dr, Barbara M Henley, Reba $ McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wilson Counctl Members Vottng Nay None Counctl Members Absent Louts R Jones and Vice Mayor Wtlham D Sessoms, dr June 12, 2001 10 11 12 13 14 15 16 17 18 19 20 21 AN ORDINANCE TO TRANSFER $60,000 WITHIN THE DEPARTMENT OF LIBRARIES FY 2000-01 OPERATING BUDGET TO ACQUIRE AN AUTOMATED LIBRARY ACCESS AND PRINTING CONTROL SYSTEM WHEREAS, acquiring an Internet self scheduling and automatic access control system and a printing and fee collection system will save significant staff time and increase printing fee revenues. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA- That $60,000 is hereby transferred within the FY 2000-01 Department of Libraries budget to purchase a Library Automated Access and Printing Control System. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of June , 2001. Requires an affirmative vote by a majority of the members of City Council. CA-8152 Noncode\Library Automated Access System. Ord.wpd May 31, 2001 RI Approved As to Content' Approved As To Legal Sufficiency- Man~ge~t Servi~es~~ - 34 - Item V-H. 10. ORDINANCES/RES OL UTION ITEM #48280 Upon motton by Counctl Lady Henley, seconded by Counctlman Harrtson, Ctty Counctl DEFERRED INDEFINITEL Y: Resolutton to AUTHORIZE the Ctty Manager to take all acttons necessary to discontinue placement of dredged spoils tn LAKE WESLEY, and, to dtrect the Beaches and Waterways Commtsston to undertake an assessment, evaluatton of alterattve sites and methods of spotl dtsposal (Requested by Councilman Branch) Vottng 9-0 (By Consen0 Counctl Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr, Barbara M Henley, Reba S McClanan, Robert C Mandtgo, dr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Louts R clones and Vtce Mayor Wtlham D Sessoms, dr dune 12, 2001 - 35- Item VI-I. PLANNING ITEM #48281 1. LOPE B. & MERCY PILE AND CORNELIUS F., R. AND ANTONIO BO YNTON STREET CLOSURE 2. SALT MEADOW BA Y, L.L.C. STREET CLOSURES AND, CONDITIONAL CHANGE OF ZONING 3. DOMINION BUILDING GROUP, INC. CONDITIONAL CHANGE OF ZONING 4. KINGS GRANT BAPTIST CHURCH CONDITIONAL USE PERMIT 5. CHURCH OF CHRIST AT CREEDS CONDITIONAL USE PERMIT 6. COMMERCIAL INVESTMENT PROPERTIES, L.L. C. AMENDMENT TO THE GREEN RUN LAND USE PLAN June 12, 2001 Item V-I. - 36- PLANNING ITEM # 48282 Upon motton by Counctl Lady Henley, seconded by Counctlman Harrtson, Ctty CounctI APPROVED in ONE MOTION Items 1, 3, (DEFERRED), 4 (AMENDED), 5 and 6 (DEFERRED) of the PLANNING AGENDA Item 3 was DEFERRED unttl the Ctty Counctl Sesston of June 26, 2001, BY CONSENT Item 4 was APPROVED, BY CONSENT, with AMENDED Condition No. 5 Item 6 was DEFERRED INDEFINITEL Y, B Y CONSENT. Voting 9-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Reba $ McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Councd Members Absent Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr June 12, 2001 -37- Item V-L1. PLANNING ITEM # 48283 Upon motion by Counctl Lady Henley, seconded by Councdman Harrtson, City Council APPROVED, CONDITIONED UPON COMPLIANCE, the apphcatton ofLOPE B. & MERCYPILE and CORNELIUS F., JR. & ANTONIA BO YNTON for the dtsconttnuance, closure and abandonment of a portton of Jersey Avenue Apphcatzon of Lope B & Mercy Ptle and Cornehus F, Jr & Antonzna Boynton for the dtsconttnuance, closure and abandonment of a potton of Jersey Avenue begznnmg at the south stde of Vtrgmta Beach Boulevard abutting Lots 1 through 7, Block 25 and Lots 3 and 4, Block 26, Euchd Place Said parcel contatns 5,607 square feet DISTRICT 2 - KEMPSVILLE The following condtttons shall be requtred The Ctty Attorney's Office will make the final determtnatton regardtng ownershtp of the underlytngfee The purchase prtce to be pard to the Ctty shall be determtned accordtng to the "Pohcy Regardtng Purchase of City's Interest tn Streets Pursuant to Street Closures, "approved by Ctty Counctl Copses of the pohcy are avatlable tn the Planmng Department The apphcant ts reqmred to resub&vtde the property and vacate tnternal lot hnes to tncorporate the closed area into the adjomzngparcels Theplat must be submitted and approved for recordatton prior to final street closure approval 3 The apphcant ss requtred to provide a drainage easement to the Ctty of Vtrgtnta Beach over the enttre property The apphcant ss requtred to provtde an easement to Vtrgtnta Natural Gas The centerhne of the easement wtll be determtned by the actual locatton of the gas hne The apphcant ts requtred to vertfy that no other prtvate utthttes exist within the rtght-of-way proposed for closure Prehmtnary comments from the uttltty compames tndtcate that there are no other prtvate utthttes wtthtn the rtght-of-way proposed for closure If prtvate utdtttes do exist, easements sattsfactory to the utthty company, must be provtded Closure of the rtght-of-way shall be conttngent upon comphance wtth the above stated condtttons wtthtn 365 days of approval by Ctty Counctl If all condtttons noted above are not accomphshed and a final plat ts not approved wtthtn one year of the City Council's vote to close the roadway, thts approval wtll be constdered null and votd June 12, 2001 - 38- Item V-I.I. PLANNING ITEM # 48283 (Continued) Vottng 9-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr, Barbara M Henley, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary 14'tlson Counctl Members l/ottng Nay None Counctl Members Absent Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr June 12, 2001 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS JERSEY AVENUE AS SHOWN ON THAT CERTAIN PLAT ENTITLED: "EXHIBIT PLAT SHOWING A PORTION OF JERSEY AVENUE TO BE CLOSED ADJACENT TO LOTS 1 THRU 7, INCLUSIVE, BLOCK 25 AND LOTS 3 AND 4, BLOCK 26, EUCLID PLACE (M.B 4, P. 63) VIRGINIA BEACH, VIRGINIA. WHEREAS, on June 12, 2001, Cornelius F. Boynton, Jr. and Antonina S. Boynton, husband and wife, and Lope B. Pile and Mercy B. Pile, husband and wife, 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 June 11, 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 June 11, 2002: All that certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as: Beginning at a point on the western right-of-way line of Jersey Avenue at its intersection with the line dividing Lot 7 and Lot 8, Block 25, Euclid Place (M.B. 4, P. 63); thence running along the western right-of-way line of Jersey Avenue N 00° 14' 55" W, 1.56 feet to a point, said point being the tree point of beginning; thence continuing along the western right- of-way line of Jersey Avenue N 00° 14' 55" W, 155.67 feet to a point at its intersection with the southern right-of-way line of Virginia Beach Boulevard; thence turning and running along the southern right-of-way line of Virginia Beach Boulevard S 64° 34' 14" E, 55.93 feet to a point at its intersection with the eastern right-of-way line of Jersey Avenue; thence turning and running along the eastern right-of-way line of Jersey Avenue S 00 o 08' 25" W, 93.50 feet to a point; thence turning and running along the arc of a curve to the left, having a radius of 38.00 feet, a distance of 71.64 feet to the point ofbeginning. Said property containing 0.129 acre, more or less. And further described as "PORTION OF JERSEY AVENUE TO BE CLOSED" · "AREA OF JERSEY AVENUE TO BE CLOSED= 5,607 SQUARE FEET/0.129 ACRE" as shown on that certain plat entitled "EXHIBIT PLAT SHOWING A PORTION OF JERSEY AVENUE GPIN: 1467-85-6657 & 1467-85-8624 TO BE CLOSED ADJACENT TO LOTS 1 THRU 7, INCLUSWE, BLOCK 25 AND LOTS 3 AND 4, BLOCK 26, EUCLID PLACE (M.B. 4, P. 63) VIRGINIA BEACH, VIRGINIA SCALE: 1" =25'," dated August 3, 1999, and prepared by John E. Sifine and Associates, Ltd., which said plat is attached hereto as Exhibit ~m,'' SECTION II The following conditions must be met on or before June 11, 2002: 1. The City Attorney' s Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy are available in the Planning Department. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant is required to provide a drainage easement to the City of Virginia Beach over the entire property. 4. The applicant is required to provide an easement to Virginia Natural Gas. The centerhne of the easement will be determined by the actual location of the gas line. 5. The applicant is required to verify that no other private utilities exist within the fight-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no other private utilities, other than natural gas lines, within the right-of-way proposed for closure. If other private utilities do exist, easements satisfactory to the utility company must be provided. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If not, the approval will be considered null and void. If the applicant still desires to have the proposed street closed, a new application must be submitted to the Planning Department and approved again by City Council. SECTION III 1. If the preceding conditions are not fulfilled on or before June 11, 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 June 11, 2002, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. SECTION IV 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." day of Adopted by the Council of the City of Virginia Beach, Virginia, on this 12th June 2001 APPROVED AS TO CONTENT Planmn~epamnent APPROVED AS TO LEGAL SUFFICIENCY C~ty Attorney CA-8062 05/14/2001 F \Data~TY~orms~Deeds\STCLOSUXWORKING\CA8062 ord NOTES: £X;//Z~/7- ~ 1. MERIDIAN SOURCE BASED ON PLAT RECORDED IN DEED BOOK 24.31, PAGE 1581. 2. PORTION OF JERSEY AVENUE TO BE CLOSED: ~ 3. AREA OF JERSEY AVENUE TO BE CLOSED = 5,607 SQUARE FEET/0.129 ACRE 4. THIS PLAT IS NOT INTENDED TO SHOW ANY EASEMENTS OR PHYSICAL FEATURES tHAT MAY AFFECT THIS PROPERTY. 5. THIS PLAT DOES NOT CONSTITUTE A SUBDIVISION OF LAN[', 6 THIS PLAT PREPARED WITHOUT THE BENEFIT OF A TITLE R[PORT. VDHT PIN OLD NAIL OLD LOT 1 DRILL · HOLE ~ (O~ LOT 2 / lol .. LOT 6 LOT 7 S 89'45'05" W tOT 8, BLOCk 25. EUCLID PLACE FMR 4, P 63) OPIN ~467--8b-642? EXHIBIF PlA7 SHOWINC Ld JERSEY AVENUE TO BE CLOSED OLD PIN LOT 3 z LOT 4 R = 58.00' A = 108'01'12" A = 71.64' T = 52.52' C = 61.49' CB = S 5,3'45'41" ADJACENT TO LOTS 1 THRU 7, INCLUSIVE, BLOCK 25 AND LOTS 3 AND 4, BLOCK 26, EUCLID PLACE (M.B 4, P 6.$) VIRGINIA BEACH, VIRGINIA SCALE: 1"= 25' AUGUST ',, !99~ JOHN E. SIRINE AND ASSOCIATES, LTD. SURVEYORS. ENGINEERS. PLANNERS 4,317 BONNEY ROAD VIRGINIA BEACH, VIRGINIA 2545? 0 25 50 75 GRAPHIC SCALE 100 CEF~ SHEEr 1 OF 1 J.0.#66,265 P.S. 51,3, P 72-76 AGENDA ITEM # 12/STREET CLOSURE LOPE B & MERCY PILE AND CORNELIUS F., JR. & ANTONINA BOYNTON (Jersey Avenue) May 9, 2001 GENERAL INFORMATION Site Location: Portion of Jersey Avenue beginning at the south side of Virginia Beach Boulevard abutting Lots 1 through 7, Block 25 and Lots 3 and 4, Block 26, Euclid Place. DISTRICT 2 - KEMPSVILLE. Request: Street Closure Staff Planner: Ashby Moss Purpose: To close a section of Jersey Avenue and incorporate the property into the neighboring properties. Each property is currently being used for auto sales. This same street closure application was approved by City Council on March 14, 2000, but the applicant failed to finalize the street closure before the one year deadline. Site Size: 5,607 square feet LAND USE~ ZONING AND SITE CHARACTERISTICS Existing Land Use: The section of Jersey Avenue to be closed has been used by the Charlie Falk auto sales operation for display of vehicles and as an access between the two properties on either side, which are leased by Charlie Falk. Surrounding Land Use and Zoning: North: South: East: West: Mixed commercial uses, including retail and auto sales and service / B-2 Community Business District Mixed commercial and industrial uses / B-2 Community Business District and I-1 Light Industrial District farther south Expanded section of the auto sales facility / B-2 Community Business District Auto sales facility / B-2 Community Business District PC Agenda, May 9, 2001 - Page 12-1 Zoning History: This same street closure application was approved March 14, 2000, but the applicant failed to finalize the street closure before the one year deadline. A Conditional Use Permit was approved concurrently with the street closure request for the redevelopment of the Charlie Falk auto sales facility. The plan approved with that use permit incorporates the corner property, the area of Jersey Avenue, and an adjacent property east of Jersey Avenue. A previous use permit had been approved September 28, 1999 for the corner property (without the area of Jersey Avenue), but the more recent use permit approved with the street closure supercedes this prior use permit. Other zoning activity in the immediate vicinity of this site includes Conditional Use Permit approvals for several auto repair and auto sales uses. COMPREHENSIVE PLAN The Comprehensive Plan recommends retail, service, office, and other compatible uses within commercial centers serving surrounding neighborhoods and communities. PUBLIC SERVICES AND FACILITIES Water/Sewer: There are no public utilities in the right-of-way proposed for closure. Traffic: This street closure will not affect traffic on the existing road system. Fire Protection: Adequate Police Protection: Adequate EVALUATION The Viewers have determined that the proposed closure will not result in a public inconvenience, and closure of the right-of-way is recommended for approval. If approved, the following conditions should be met: PC Agenda, May 9, 2001 - Page 12-2 CONDITIONS , The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. m The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant is required to provide a drainage easement to the City of Virginia Beach over the entire property. . The applicant is required to provide an easement to Virginia Natural Gas. The centerline of the easement will be determined by the actual location of the gas line. . The applicant is required to verify that no other private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no other private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. . Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If all conditions noted above are not accomplished and a final plat is not approved within one year of the City Council's vote to close the roadway, this approval will be considered null and void. INote: Further conditions may be required during the administration of applicable CityI Ordinances. I PC Agenda, May 9, 2001 - Page 12-3 . ri-Ils PLAT DOES NOT CONSTITUTE A SUBDIVISION OF LAND, THIS PLAT PREPARED WITHOUT THE BENEFI'T OF A 'BILE REPORT. VOHT PIN OLD NAIL OLO LOT 1 DRILL HOlE ' LOT 2 LOT ,3 OLO PIN LOT 4 LOT 5 LOT 6 LOT 7 S 89'45'05' W tOT 8. BLOCK 25. EUCLID PLACE (MR 4. P 6.';} OPIN ~467- 85-64,'7 EXHIBIT PLAT SHOWINC ./ 38.00' 108'01'12" 71.64' 52 $2' 61.49' LOT 3 Z LOT 4 CB : S 55'45'41" W AVENUE TO BE CLOSED JERSEY ADdACENT TO PC Agenda, May 9, 2001 - Page12-4 Item 4/12 Pile & Boynton Discontinuance, closure and abandonment of a portion of Jersey Avenue beginning at the south s~de of V~rglnla Beach Boulevard Street Closure District 2 Kempsville May 9, 2001 CONSENT AGENDA Cheryl Avery-Hargrove: The next consent agenda ~tem is Pile and Boynton. That is discontinuance, closure and abandonment of a portion of Jersey Avenue and that is in Kempsville District 2. Bill Swan. Mr. Chairman my name is Bill Swan. I represent the apphcants Pile and Boynton and we are fanuliar w~th the conditions. All have been met with the exception of some engineering. We are about to meet those. Cheryl Avery-Hargrove: Thank you Mr. Swan. Is there any opposition to this ~tem. Thank you. There being none. That leaves us with seven consent agenda items for approval. I wall move so, Mr. Chair, 4/5 with the seven conditions,//6 with the slx conditions,//8 with three conditions, #10 no conditions on that, #11 four conditions, #12 six conditions, #22 with no conditions. Charles Salle': Can I have a second? Robert Vakos: I will second and Mr. Chairman I need to disclose on item #22. I lease some property from the Maddox Famdy who ~s the apphcant. Not this particular piece of property so I am able to vote on th~s application. Charles Salle" Thank you. A motion made by Cheryl Avery-Hargrove seconded by Bobby Vakos to approve the consent agenda. AYE 10 NAY0 ABS0 NOT VOTING0 ATKINSON AYE AVERY-HARGROVE AYE BAUM AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE' AYE VAKOS AYE WOOD AYE Charles Salle" By a vote of 10 to 0 you have approved the consent agenda. APPLICATION STREET CLOSURE CITY OF VIRGINIA BEACH PA GE 4 OF 4 DISCLOSURE STATEMENT Applicant's Name: Lope B. Pile and Mercy B. Pile List All Current Property Owners: Lope B. Pile Mercy B. Pile PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach hst ti necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, or other umncorporated organization. If the applicant is not ~he current owner of the property, cotnplete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list tfnecessary) Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization CERTIFICATION:/certify that the informat'o~..n ~ne~cl h~r-~~is ~ue and accurate. Print Name Rev 9/15/98 APPLICATION STREET CLOSURE CITY OF VIRGINIA BEACH PAGE 4 OF 4 Applicant's Name: DISCLOSURE STATEMENT CORNELIUS F. BOYNTON, JR. AND ANTONINA S. BOYNTON List All Current Property Owners: CORNELIUS F. BOYNTON, JR. AND ANTONINA S. BOYNTON PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach ltst ii necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. If the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization CERTIFICATION: I certify that the information contained herei_n~ is tr. ue a/jtd accurate. x?'~'" ..... S~g~ture Print Name ~ ,. Rev 9/15/98 LO & Mere Pile Not to Sco].- 001 'Goin 1467-85-6657 ZONING HISTORY 1. Conditional Use Permit (Expansion of new & used car sales) Approved 11-13-90 2. Conditional Use Permit (Recreation vehicle sales, service & storage) Approved 6-9-92 3. Extension of Nonconforming Use Approved 3-14-95 4. Conditional Use Permit (auto sales) Approved 9-18-89 Conditional Use Permit (auto repair garage) Approved 4-14-92 Conditional Use Permit (motor vehicle sales) Approved 6-14-94 5. Street Closure Approved 7-11-88 Subdivision Variance Approved 8-28-90 Subdivision Variance Approved 4-23-91 Conditional Use Permit (Motor vehicle sales & auto repair garage) Approved 3- 14-95 6. Conditional Use Permit (auto paint shop) Approved 12-12-83 7. Reconsideration of Conditions (auto repair) Withdrawn 6-13-88 Conditional Use Permit (motor vehicle rentals) Approved 7-13-93 8. Conditional Use Permit (auto sales & service) Approved 9-28-99 Conditional Use Permit (auto sales & service) Approved 3-14-00 Street Closure Approved 3-14-00 - 39- Item V-I.2. PLANNING ITEM # 48284 Mtchael d Barrett, 2101 Parks Avenue, Phone 422-1568 Upon motton by Counctlman Branch, seconded by Council Lady Wtlson, Ctty Counctl APPROVED, SUBJECT TO COMPLIANCE, apphcattons of SALT MEADOW BA Y, L.L.C. for the dtsconttnuance, closure and abandonment of porttons of Barberton Drtve, Bean Avenue, Barberton Drtve, South Barberton Drive and South Oriole Drtve and ADOPTED an Ordinance for a Condtttonal Change o.[ Zontng Apphcatton of Salt Meadow Bay, LLC for the dtsconttnuance, closure and abandonment of portions of (1) Barberton Drtve begtnntng on the south stde of Lasktn Road at Bean Garden, contatntng 1 198 acres (2) Bean Avenue begtnntng on the eastern boundary of Barberton Drtve at Bean Garden, contatntng 17,154 square feet (3) South Barberton Drive begtnntng at the eastern boundary of Barberton Drtve at Bean Garden, contatntng 20, 611 square feet (4) South Barberton Drtve begtnmng at the western boundary of Barberton Drtve at Bean Garden, contatmng 10,188 Square feet South Oriole Drtve begtnntng at the eastern boundary of Barberton Drtve at Bean Garden, contatntng 6, 774 square feet DISTRICT 6 - BEACH [Barberton Drtve formerly Woodland Street] The followtng condtttons shall be required The extsttng btllboard that ts parttally located wtthtn the Barberton Drtve rtght-of-way shall be removedprtor to final plat recordatton A pubhc utthttes easement, sattsfactory to Pubhc Utthttes, must be recorded to ensure that maintenance of the tmprovements to the 36-tnch water hne tn Barberton Drtve can be achieved The City Attorney's Office wtll make the final determtnatton regardtng ownershtp of the underlytngfee The purchase prtce to be pard to the Ctty shall be determtned accordtng to the "Pohcy Regardtng Purchase of Ctty's Interest tn Streets Pursuant to Street Closures, "approved by Ctty Counctl Coptes of the pohcy are avatlable tn the Planntng Department The apphcant ts requtred to resubdtvtde the property and vacate tnternal lot hnes to tncorporate the closed area tnto the adjomtngparcels The plat must be submttted and approved fi~r recordatton prior to final street closure approval The apphcant ts requtred to vertfy that no private utthttes extst wtthtn the right-of-way proposed for closure Prehmtnary comments from the utthty compames tn&cate that there are Vtrgtnta Power facthttes tn Barberton Drtve, South Barberton Drive (easO, and South Ortole Drtve If prtvate utthttes do extst, easements sattsfactory to the utthty company, must be provtded Closure of the rtght-of-way shall be conttngent upon comphance wtth the above stated condtttons wtthtn 365 days of approval by Ctty Counctl If all con&ttons noted above are not accomphshed and a final plat ts not approved wtthtn one year of the Ctty Counctl's vote to close the roadway, thts approval wtll be constdered null and votd June 12, 2001 Item V-I. 2. - 40- PLANNING ITEM # 48284 (Continued) ORDINANCE UPON APPLICATION OF SALT MEADOW BAY, L L C FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 AND R- 7 5 TO CONDITION Z05011200 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon apphcatton of Salt Meadow Bay, LLC for a Change of Zonmg Dtstrtct Classtficatton from B-2 Communtty Busmess Dtstrtct and R-7 5 Restdenttal Dtstrtct to Condtttonal A-36 Apartment District on parcels located on the south stde of Lasktn Road, l O00 feet more or less east of South Ortole Drtve (GPINNumbers 2418-81-0362, 2418-81-1052, 2418-71-9024, 2418-80-3710, 2418-80-3658, 2418-80-1519, 2418-80- 2564, 2418-80-9465, 2418-80-9101, 2418-80-9311, 2418-80-4448, 2418- 80-1196, 2418-80-3304, 2418-80-0020, 2418-80-8377, 2418-70-8769, 2418-70-8730, 2418-70-8614, 2418-70-7566, 2418-70-7590, 2418-70-7470 and 2418- 70-5597) The proposed zoning classtficatton to Conditional A- 36 ts for multt-famtly land use at a denstty no greater than 36 dwelhng untts per are The Comprehensive Plan recommends use of these poarcels for retatl, servtce, office and other compattble uses for the parcels zoned B-2 and suburban restdenttal/low denstty for the parcels zoned R-7 5 tn accordance wtth other plan pohctes Satd parcels contatn 22 45 acres BEACH - DISTRICT 6 The followtng condtttons shall be requtred 1 An Agreement encompasstngproffers shall be recorded wtth the Clerk of Ctrcutt Court Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordmance Adopted by the Council of the Ctty of Vtrgtnta Beach, Vtrgmta, on the Twelfth of June, Two Thousand One Vottng 8-1 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf and Rosemary Wtlson Counctl Members Vottng Nay Nancy K Parker Counctl Members Absent Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr June 12, 2001 ORDINANCE NO: IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS SOUTH BARBERTON DRIVE (30'RIGHT OF WAY) AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "STREET CLOSURE PLAT OF A PORTION OF SOUTH BARBERTON DRIVE, VIRGINIA BEACH, VIRGINIA" WHICH PLAT IS ATTACHED HERETO WHEREAS, on June 12, 2001, Salt Meadow Bay, L L.C. has applied to the Council of the C~ty of V~rg~ma Beach, V~rglnia, to have the hermnafier described street discontinued, closed, and vacated; and WHEREAS, it ~s the judgment of the Council that smd streets be discontinued, closed, and vacated, subject to certmn conditions hawng been met on or before June 11, 2002. NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the C~ty of V~rginia Beach, V~rginia, that the hereinafter described streets be d~scontlnued, closed, and vacated, subject to certain conditions being met on or before June 11, 2002: A portion of South Barberton Drive BEGINNING AT A POINT WHERE THE EASTERN RIGHT-OF-WAY LINE OF BARBERTON DRIVE (FORMERLY WOODLAND STREET) INTERSECTS WITH THE NORTHERN RIGHT-OF- WAY LINE OF SOUTH BARBERTON DRIVE (FORMERLY HAYNES AVENUE) AS SHOWN ON THE PLAT OF BEAN GARDEN RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH IN MAP BOOK 16, PAGE 53, THENCE EASTWARDLY ALONG THE NORTHERN RIGHT-OF-WAY LINE OF SOUTH BARBERTON DRIVE S 65° 18' 26" E, A DISTANCE OF 693.93' TO THE EASTERN TERMINUS OF SOUTH BARBERTON DRIVE, THENCE ALONG THE EASTERN TERMINUS OF SOUTH BARBERTON DRIVE S 49° 12' 24" W, A DISTANCE OF 32.97' TO THE SOUTHERN LINE OF SOUTH BARBERTON DRIVE, THENCE WESTWARDLY ALONG THE SOUTHERN RIGHT-OF-WAY LINE OF SOUTH BARBERTON DRIVE N 65° 18' 26" W, A DISTANCE OF 680.24' TO THE WESTERN RIGHT-OF-WAY LINE OF BARBERTON DRIVE, THENCE ALONG THE WESTERN RIGHT-OF-WAY LINE OF BARBERTON DRIVE N 24° 40' 23" E, A DISTANCE 30.00' TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING AN AREA OF 20,611 SQUARE FEET. Smd portion of the street to be closed is shown as the cross-hatched area on that certain plat of property "STREET CLOSURE PLAT OF A PORTION OF SOUTH BARBERTON DRIVE, VIRGINIA BEACH, VIRGINIA," dated March 4, 2001, prepared by MSA, P.C., which plat is attached hereto as Exhibit A. GPIN' SECTION II The following conditions must be met on or before June 11, 2002: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council Copies of said policy are available in the Planning Department. 2. The applicant is required to resubdlvlde the property subject to the closure and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant ~s required to venfy that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are Virginia Power facilities in Barberton Drive, South Barberton (east), and South Oriole Drive. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. The existing billboard that is partially located within the Barberton Drive right-of-way shall be removed prior to final plat recordation. 5. A pubhc utilities easement, satisfactory to Public Utilities, must be recorded to ensure that maintenance of the improvements to the 36qnch water line in Barberton Drive can be achieved. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If all conditions noted above are not accomplished and a final plat is not approved within one year of the 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 June 11, 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 June 11, 2002, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. SECTION W A certified copy of this Ordinance shall be filed ~n 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." June Adopted by the Council of the City of Virginia Beach, Virginia, on this 121:hday of ,2001. CA-8058 02/22/01 F \Data\ATYXFom~s\Deeds\STCLOSU\WORKING\ca8058 ord APPROVED AS TO CONTENT Plan~ng Department APPROVED AS TO LEGAL(~FICIENCY City Attome~y ~'~ I I I I I LOT 1&2 BLOCK ,3 "BEAN GARDEN" LOT 1 (MB 16, PG 5,3) GPIN: 2418-70-9465 I I B~TO~ ~ (,~* ~W) (FORMEt~L Y WOODLAND ST.) N24'40'23"E LOT I LOT 7 LOT ¥ LOTS 1-5 BLOCK 2 "BEAN GARDEN" (MB 16, PG 5`3) GPIN: 2418-80-1519 LOTS 7-9,11,1,3, 15,17,19,21,2,.3 BLOCK ,.3 "BEAN GARDEN" (MB 16, PG 5.3) GPIN; 2418-80-`3304 LOT 9 LOT 5 LOT 11 LOT 6 LOT 13 ~ d y LOT 17 ~ Z LOT 19 LOT 21 LOT 23 LOT 7 LOT B ~ LOT9 LOT 10 LOT 11 LOT 12 LOT 1,~ LOTS 6&7 BLOCK 2 "BEAN GARDEN" (MB 16, PG 5,3) GPIN: 2418-80-2564 LOTS 8-13 BLOCK 2 "BEAN GARDEN" (MB 16, PG 5`3) GPIN: 2418-80-4448 HOLLY BEND CONDOMINIUMS ('MB 181, PG 7) GPIN: 2418- BO- 7205 CROSS-HATCHED AREA DENOTES PORTION OF S. BARBETON DR. TO BE CLOSED. AREA = 20,611 SQ. FT. STREET CLOSURE PLAT OF A PORT ON OF SOUTH BARBER TON DR/VE VIRGINIA BEACH, VIRGINIA JOB# 96038 ZONED: !Landscape Design Planning Surveying Engineering. Environmental Sciences I 5033 ROUSE DRIVE, VIRG/NIA BEACH, VA 23462-3708 I PHONE (757) 490-9204 · FAX (757) 490-0634 DATE: ,3/4/01 SCALE: 1"=100' DWN BY: DJC PLAT RECORDED IN MB 16, PG 5,3 ORDINANCE NO: IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS A PORTION OF SOUTH BARBERTON DRIVE (30'RIGHT OF WAY) AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "STREET CLOSURE PLAT OF A PORTION OF SOUTH BARBERTON DRIVE, VIRGINIA BEACH, VIRGINIA" WHICH PLAT IS ATTACHED HERETO. WHEREAS, on June 12, 2001, Salt Meadow Bay, L.L.C. has applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, ~t is the judgment of the Council that smd streets be discontinued, closed, and vacated, subject to certmn conditions having been met on or before June 11, 2002. NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of V~rgima Beach, Virginia, that the hereinafter described streets be d~scont~nued, closed, and vacated, subject to certain conditions being met on or before June 11, 2002: A portion of South Barberton Drive BEGINNING AT A POINT WHERE THE EASTERN RIGHT-OF-WAY LINE OF BARBERTON DRIVE (FORMERLY WOODLAND STREET) INTERSECTS WITH THE SOUTH LINE OF SOUTH BARBERTON DRIVE (FORMERLY HAYNES AVENUE) AS SHOWN ON THE PLAT OF BEAN GARDEN RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH IN MAP BOOK 16, PAGE 53, THENCE WESTERLY ALONG THE SOUTHERN RIGHT-OF-WAY LINE OF SOUTH BARBERTON DRIVE N 65° 18' 26" W, A DISTANCE OF 373.10' TO THE WESTERN TERMINUS OF SOUTH BARBERTON DRIVE, THENCE ALONG THE WESTERN TERMINUS OF SOUTH BARBERTON DRIVE S 89° 26' 57" E, A DISTANCE OF 73.35' TO THE NORTHERN RIGHT- OF-WAY LINE OF SOUTH BARBERTON DRIVE, THENCE WESTERLY ALONG THE NORTHERN RIGHT-OF-WAY LINE S 65° 18' 26" E, A DISTANCE OF 306.16' TO THE WESTERN RIGHT-OF-WAY LINE OF BARBERTON DRIVE, THENCE ALONG THE WESTERN RIGHT-OF-WAY LINE S 24° 40' 26" W, A DISTANCE OF 30.00' TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING AN AREA OF 10,188 SQUARE FEET. Smd pomon of the street to be closed is shown as the cross-hatched area on that certain plat of property "STREET CLOSURE PLAT OF A PORTION OF SOUTH BARBERTON DRIVE, VIRGINIA BEACH, VIRGINIA," dated March 4, 2001, prepared by MSA, P.C., which plat ~s attached hereto as Exhibit A. GPIN: SECTION II The following conditions must be met on or before June 11, 2002: 1. The C~ty Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be prod to the City shall be determined according to the "Pohcy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by C~ty Council. Cop~es of said pohcy are available in the Planning Department. 2. The apphcant ~s reqmred to resub&wde the property subject to the closure and vacate internal lot lines to incorporate the closed area into the adjo~mng parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant is required to verify that no private utilities exist within the right-of-way proposed for closure. Prehminary comments from the utility companies indicate that there are V~rg~ma Power facilities in Barberton Drive, South Barberton (east), and South Oriole Drive. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. The existing billboard that is part~ally located within the Barberton Drive right-of-way shall be removed prior to final plat recordation. 5. A pubhc utiht~es easement, satisfactory to Public Utihties, must be recorded to ensure that mmntenance of the ~mprovements to the 36qnch water line in Barberton Drive can be achieved. 6. Closure of the right-of-way shall be contingent upon compliance w~th the above stated conditions within 365 days of approval by City Council. If all conditions noted above are not accomplished and a final plat ~s not approved within one year of the C~ty Council's vote to close the roadway, th~s approval will be considered null and void. SECTION III 1. If the preceding conditions are not fulfilled on or before June 11, 2002, this Ordinance will be deemed null and void w~thout further action by the City Council. 2. If all conditions are met on or before June 11, 2002, the date of final closure ~s the date the street closure ordinance ~s recorded by the City Attorney. SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Vlrgima Beach, Virginia, and Indexed in the name of the CITY OF VIRGINIA BEACH, as "Grantor." June Adopted by the Council of the City of Virginia Beach, Virginia, on this ,2001 12 day of CA-8060 02/22/01 F \Data\ATYXFom~s\Deeds\STCLOSU\WORKING\ca8060 ord APPROVED AS TO CONTENT Plannln~"l~epartment APPROVED AS TO LE~3~FICIENCY City Attorn%y LOTS 7,9,11,13,15,176:19 BLOCK 8 "BEAN GARDEN" (MB 16, PG 55) GPIN: 2418-70-5597 LOT 1 BLOCK 8 "BEAN GARDEN" (MB 16, PO 55) GPIN: 2418-70-7566 LOT 15 LOT 15 LOT 11 LOT 9 LOT 7 ~ LOT I D.A. SL A CKZr IDA S. SLACK (DB 617, PG 567) ('DB 156B, PG 195) (MB 4B, PC 52) LOT 19 LOT 19 BLOCK 9 "BEAN GARDEN" (MB 16, PG 55) GPIN: 2418-70-8614 S24'40 ,e,,um r (FOt~MEt~L Y WOODL A ND S T.) CROSS-HATCHED AREA DENOTES PORTION Of S. BARBERTOWN DR. TO BE CLOSED. AREA = 10,188 SQ. FT. STREET CLOSURE PLAT OF A PORRON OF SOUTH BARBER TON DR/VE VIRGINIA BEACH, VIRGINIA JOB~96058 ZONED: N/A MSA, P.C. Landscape Design- Planning Surveying Engineering · Environmenta/Sciences 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462-J708 PHONE (757) 4.90-9264. FAX (757) 490-0654 ILl PLAT RECORDED IN I O^TE: 3/,,/Ol I SC^LE: ~'=SO' I I MB 16, PG 53 ORDINANCE NO: IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THOSE CERTAIN STREETS KNOWN AS A PORTION OF BEAN AVENUE (30' RIGHT OF WAY) AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "STREET CLOSURE OF A PORTION OF BEAN AVENUE, VIRGINIA BEACH, VIRGINIA" WHICH PLAT IS ATTACHED HERETO AS EXHIBIT A. WHEREAS, on June 11,2001, Salt Meadow Bay, L.L.C. has applied to the Council of the City of V~rglnla Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said streets be discontinued, closed, and vacated, subject to certain con&t~ons having been met on or before June 11, 2002. NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described streets be &scontinued, closed, and vacated, subject to certmn conditions being met on or before June 11, 2002: A portion of Bean Avenue BEGINNING AT A POINT WHERE THE EASTERN RIGHT-OF-WAY LINE OF BARBERTON DRIVE (FORMERLY WOODLAND STREET) INTERSECTS WITH THE NORTHERN RIGHT-OF-WAY LINE OF BEAN AVENUE AS SHOWN ON THE PLAT OF BEAN GARDEN RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIABEACH INMAP BOOK 16, PAGE 53, THENCE EASTERLY ALONG THE NORTHERN LINE OF BEAN AVENUE S 65° 18' 26" E, A DISTANCE OF 546.14' TO THE EASTERN TERMINUS OF BEAN AVENUE, THENCE ALONG THE EASTERN TERMINUS S 35° 01' 26" E, A DISTANCE OF 59.48' TO THE SOUTHERN RIGHT-OF-WAY LINE OF BEAN AVENUE, THENCE WESTERLY ALONG THE SOUTHERN RIGHT-OF-WAY LINE OF BEAN AVENUE N 65° 18' 26" N, A DISTANCE OF 597 50' TO THE EASTERN RIGHT-OF-WAY LINE OF BARBERTON DRIVE, THENCE ALONG THE EASTERN RIGHT-OF-WAY LINE OF BARBERTON DRIVE N 24° 41' 45" E, A DISTANCE OF 30.00' TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING AN AREA OF 17,154 SQUARE FEET. Said portions of the streets to be closed shown as the cross-hatched area on that certmn plat of property "STREET CLOSURE PLAT OF A PORTION OF BEAN AVENUE, VIRGINIA BEACH, VIRGINIA," dated March 4, 2001, prepared by MSA, P.C., which plat ~s attached hereto as Exhibit A. GPIN: SECTION II The following conditions must be met on or before June 11, 2002: 1. The C~ty Attomey's Office will make the final determlnat~on regarding ownership of the underl3ang fee. The purchase price to be paid to the City shall be determined according to the "Pohcy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy are available in the Planning Department. 2. The applicant is required to resubdiv~de the property subject to the closure and vacate ~ntemal lot lines to incorporate the closed area into the adjo~mng parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The apphcant ~s required to verify that no private utilities exist w~thin the right-of-way proposed for closure. Preliminary comments from the utihty companies indicate that there are Virginia Power facilities in Barberton Drive, South Barberton (east), and South Oriole Drive. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. The existing billboard that is partially located within the Barberton Drive right-of-way shall be removed prior to final plat recordation. 5. A public utilities easement, satisfactory to Public Utilities, must be recorded to ensure that maintenance of the improvements to the 36qnch water hne in Barberton Drive can be achieved. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If all conditions noted above are not accomphshed and a final plat ~s not approved within one year of the City Council's vote to close the roadway, this approval will be considered null and void. SECTION HI 1. If the preceding conditions are not fulfilled on or before June 11, 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 June 11, 2002, the date of final closure the date the street closure ordinance is recorded by the City Attorney. SECTION IV 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 ,n the name of the CITY OF VIRGINIA BEACH, as "Grantor." June Adopted by the Councd of the C~ty of Virginia Beach, Virg~ma, on th~s ~ ,2001. 12 dayof CA-8059 02/22/01 F XData\ATYXFom~s\Deeds\STCLOSU\WORKING\ca8059 ord APPROVED AS TO CONTENT Department APPROVED AS TO LEGALtSrI~ICIENCY Cay Attorney LOTS 1-5 BLOCK 2 "BEAN GARDEN" (MB 16, PG 55) GPIN: 241S-SO-1519 OR.. (,.~0' R~W) (FOt~MERL Y WOODLAND ST.) N24 '45"E ~ -.:..~ LOTS 1-19 &: PORTION OF WOODLAND ST. (BARBERTON DR.) BLOCK 1 LOT 3 LOT 17 "BEAN GARDEN" (MB 16, PG 53) GPIN: 2418-81-1052 LOT 4 LOT 18 LOTS 6&:7 BLOCK 2 "BEAN GARDEN" (MB 16, PG 53) GPIN: 2418-80-2564 LOTS 8-1,3 BLOCK 2 "BEAN GARDEN" (MB 16, PG 53) GPIN: 2418-80-4448 LOT 5 · LOT 6 LOT 7 LOT 8 z LOT 9 LOT 10 LOT 11 LOT 12 ~ LOT 19 J c~ LOT 20 ~ LOT 21 '~- LOT 22 22 BLOCK 1 "BEAN GARDEN" (MB 16, PG 53) GPIN: 2418-80- 3658 LOTS 20&21 BLOCK 1 "BEAN GARDEN" (MB 16, PG 5,:3) GPIN: 2418-80-5710 LOT 13 CITY OF VIt~GINIA B£A CH (DB 157, PG 558) ('DB 200, PC 119) ('DB 219, PG 511,) (Me 8~, PC 57) CROSS-HATCHED AREA DENOTES PORTION OF BEAN AVE. TO BE CLOSED. AREA = 17,154 SQ. FT. STREET CLOSURE PLAT OF A PORDON OF BEAN AVENUE VIRGINIA BEACH, VIRGINIA JOB//96038 ZONED: N/A MSA, P.C. Landscape Design. Planning Surveying Engineering- Environmental Sciences 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462-J708 PHO.¥/~ (757) 490-9264 · FAX (757) 490-0654 A,li, ,,I A,. · PLAT RECORDED IN J DATE: 3/4/01 I SCALE: 1"=100' J DWN BY: DJC I MB 16, PG 53 ORDINANCE NO: IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS A PORTION OF BARBERTON DRIVE AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "STREET CLOSURE PLAT OF A PORTION OF BARBERTON DRIVE, VIRGINIA BEACH, VIRGINIA" WHICH PLAT IS ATTACHED HERETO. WHEREAS, on June 12, 2001, Salt Meadow Bay, L L.C. has applied to the Council of the City of Virglma Beach, Virgima, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it 1S the judgment of the Council that said streets be discontinued, closed, and vacated, subject to certain conditions having been met on or before June 12, 2002. NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described streets be discontinued, closed, and vacated, subject to certmn conditions being met on or before June 11, 2002: A portion of Barberton Drive BEGINNING AT A POINT WHERE THE EASTERN RIGHT-OF-WAY LINE OF BARBERTON DRIVE INTERSECTS WITH THE SOUTHERN LINE OF SOUTH BARBERTON DRIVE AS SHOWN ON THE PLAT OF BEAN GARDEN RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH IN MAP BOOK 16, PAGE 53, THENCE SOUTHWARDLY ALONG THE EASTERN RIGHT-OF- WAY LINE OF BARBERTON DRIVE S 24° 41' 01" W, A DISTANCE OF 100.00', THENCE N 65° 18' 26" W, A DISTANCE OF 50.00' TO THE WESTERN RIGHT-OF-WAY LINE OF BARBERTON DRIVE, THENCE NORTHWARDLY ALONG THE WESTERN RIGHT-OF-WAY N 24° 41' 01" E, A DISTANCE OF 100.00'; THENCE N 24° 40' 26" E, A DISTANCE OF 30.00'; THENCE N 24° 41' 19" E, A DISTANCE OF 325.42'; THENCE ALONG THE ARC OF A CURVE TO THE LEFT THE RADIUS OF WHICH IS 275.00' AN ARC DISTANCE OF 198 32'; THENCE ALONG THE ARC OF A CURVE TO RIGHT THE RADIUS OF WHICH IS 325.00', AN ARC DISTANCE OF 232.79'; THENCE N 24° 24' 45" E, A DISTANCE OF 141.84' TO THE SOUTHERN RIGHT-OF-WAY LINE OF LASKIN ROAD, THENCE EASTWARDLY ALONG THE SOUTHERN RIGHT- OF-WAY LINE OF LASK/N ROAD N 82° 51' 37" E, A DISTANCE OF 58.67' TO THE EASTERN RIGHT-OF-WAY LINE OF BARBERTON DRIVE, THENCE SOUTHWARDLY ALONG THE EASTERN RIGHT-OF-WAY LINE OF BARBERTON DRIVE S 24° 24' 45" W, A DISTANCE OF 172.54'; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, THE RADIUS OF WHICH IS 275 00', AN ARC DISTANCE OF 196.98', THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, THE RADIUS OF WHICH IS 325.00' AN ARC DISTANCE OF 234.38', THENCE S 24° 41' 35" W, A DISTANCE OF 145.46'; THENCE S 24° 41' 45" W, A DISTANCE OF 30.00'; THENCE S 24° 41' 01" W, A DISTANCE OF 150.00'; THENCE S 24° 40' 23" W, A DISTANCE OF 30.00' TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING AN AREA OF 52,195 SQUARE FEET. GPIN: Said portion of the street to be closed is shown as the cross-hatched area on that certain plat of property "STREET CLOSURE PLAT OF A PORTION OF BARBERTON DRIVE, VIRGINIA BEACH, VIRGINIA," dated March 4, 2001, prepared by M SA, P.C., which plat is attached hereto as Exhibit A. SECTION II The following conditions must be met on or before June 11, 2002: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy are available in the Planning Department. 2. The applicant is required to resubdivide the property subject to the closure and vacate internal lot lines to incorporate the closed area into the adjoimng parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3 The applicant is required to verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are Virginia Power facilities in Barberton Drive, South Barberton (east), and South Oriole Drive. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. The existing billboard that 1s partially located within the Barberton Drive right-of-way shall be removed prior to final plat recordation. 5. A public utlhtles easement, satisfactory to Public Utilities, must be recorded to ensure that maintenance of the Improvements to the 36-inch water line in Barberton Drive can be achieved. 6. Closure of the right-of-way shall be contingent upon compliance w~th the above stated conditions within 365 days of approval by City Council. If all conditions noted above are not accomplished and a final plat 1s not approved within one year of the 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 June 11, 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 June 11, 2002, the date of final closure ~s the date the street closure ordinance ~s recorded by the C~ty Attorney. SECTION IV A certffied copy of th~s Ordinance shall be filed ~n the Clerk's Office of the C~rcuit Court of the City of V~rg~ma Beach, V~rginia, and ~ndexed in the name of the CITY OF VIRGINIA BEACH, as "Grantor" June Adopted by the Councd of the C~ty of Virginia Beach, V~rgima, on this .,2001. 12 day of CA-8057 02/22/01 F \DataXATYXFom~s\Deeds\STCLOSU\WORKING\ca8057 ord APPROVED AS TO CONTENT Planing Department APPROVED AS TO LEG/~...~FFICIENCY City Attorney FOUt~ S TAt~ Pt~ODUC TIONS ('DB 2371, PC 991~ (MB 111, PC 117~ CROSS-HATCHED AREA DENOTES PORTION Of BARBERTON DR. TO BE CLOSED. AREA = 52,195 SQ. FT. £y'/.//,~'/¢- ,,q ! LOTS 1-13 PT~: LOT 14 BLOCK 9 (5' "BEAN GARDEN" (MB 16, PG 53) GPIN' 2418-81-0362 PT. LOTS 1-13 & LOT 14 BLOCK 9 "BEAN GARDEN" (MB 16, PG 53) GPIN: 2418-71-9024 4o~ ~ LOTS 15&16 BLOCK 9 "BEAN GARDEN" (MB 16, PG 5,3) GPIN: 2418-70-8769 LOTS 17&18 ~0~ "BEAN GARDEN" BLOCK 9 (MB 16, PG 53) ~'o~ GPIN: 2418-70-87,.30 '"-> ,o 4,o~ ~-"'~ LOT ,, BLOCK BEAN GARDEN (MB 16, PG 5,.3) GPIN: 2418-70-7566 LOT 2 "BEAN GARDEN" BLOCK 8 (MB 16, PG 5.3) GPIN: 2418-70-7590 N65'18'26"W 50.00' LOTS 1 - 19 BLOCK 1 "BEAN GARDEN" (MB 16, PG 5.3) GPIN: 2418-81-1052 LOTS 1-5 BLOCK 2 "BEAN GARDEN" (MB 16, PG 53) GPIN: 2418-80-1519 LOTS 1 &2 ~'0,~.,~ BLOCK 3 "BEAN GARDEN" (MB 16, PG 5.3) GPIN: 2418-70-9465 JOB¢/96038 ZONED: N/A STREET CLOSURE PLAT OF A POt 7 ON OF BA B£t TON Dt I VIRGINIA BEACH, VIRGINIA M, SA, P.C Landscape Design. Planning Surveying Engineering. Environmental Sciences 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462.3708 PHONE (757) 490-9264 · FAX (757) 490-0634 DATE: 3/4/01 SCALE: 1"=100' DWN BY: DJC PLAT RECORDED IN MB 16, PG 53 ORDINANCE NO: IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS A PORTION OF SOUTH ORIOLE DRIVE AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "STREET CLOSURE PLAT OF A PORTION OF SOUTH ORIOLE DRIVE, VIRGINIA BEACH, VIRGINIA" WHICH PLAT IS ATTACHED HERETO. WHEREAS, on June 12, 2001, Salt Meadow Bay, L L.C. has applied to the Council of the City of Vlrgima Beach, V~rginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, ~t is the judgment of the Council that said streets be discontinued, closed, and vacated, subject to certmn con&t~ons hawng been met on or before June 11, 2002. NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Vlrg~ma Beach, Virgima, that the hereinafter described streets be d~scont~nued, closed, and vacated, subject to certain conditions being met on or before June 11, 2002: A portion of South Oriole Drive BEGINNING AT A POINT WHERE THE EASTERN RIGHT-OF-WAY LINE OF BARBERTON DRIVE (FORMERLY WOODLAND STREET) INTERSECTS WITH THE NORTHERN RIGHT-OF- WAY LINE OF SOUTH ORIOLE DRIVE AS SHOWN ON THE PLAT OF BEAN GARDEN RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH IN MAP BOOK 16, PAGE 53, THENCE EASTERLY ALONG THE NORTHERN LINE OF SOUTH ORIOLE DRIVE S 65° 18' 26" E, A DISTANCE OF 224.83' TO THE EASTERN TERMINUS OF SAID SOUTH ORIOLE DRIVE, THENCE ALONG THE EASTERN TERMINUS S 24° 41' 34", A DISTANCE OF 30.00' TO THE SOUTHERN RIGHT-OF-WAY LINE OF SOUTH ORIOLE DRIVE, THENCE ALONG THE SOUTHERN RIGHT-OF- WAY LINE N 65° 18' 26" W, A DISTANCE OF 226.82' TO THE EASTERN RIGHT-OF-WAY LINE OF BARBERTON DRIVE, THENCE ALONG THE EASTERN RIGHT-OF-WAY LINE OF BARBERTON DRIVE N 28° 25' 31" E, A DISTANCE OF 30 06' TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING AN AREA OF 6,774 SQUARE FEET. Said port~on of the street to be closed ~s shown as the cross-hatched area on that certmn plat of property "STREET CLOSURE PLAT OF A PORTION OF SOUTH ORIOLE DRIVE, VIRGINIA BEACH, VIRGINIA," dated March 4, 2001, prepared by MSA, P C., which plat is attached hereto as Exhibit A. GPIN. SECTION II The following conditions must be met on or before June 11, 2002: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of smd policy are available in the Planning Department. 2. The applicant is required to resubdivide the property subject to the closure and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant is required to verify that no pnvate utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are V~rginia Power facilities in Barberton Drive, South Barberton (east), and South Oriole Drive. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. The existing billboard that is partially located within the Barberton Drive right-of-way shall be removed prior to final plat recordation. 5. A public utlhtles easement, satisfactory to Public Utilities, must be recorded to ensure that maintenance of the improvements to the 36-inch water line in Barberton Drive can be achieved. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If all conditions noted above are not accomplished and a final plat is not approved within one year of the 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 June 11, 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 June 11, 2002, the date of final closure is the date the street closure ordinance is recorded by the City Attomey. SECTION IV A certified copy of th~s Ordinance shall be filed ~n the Clerk's Office of the Circuit Court of the C~ty of V~rginia Beach, V~rgima, and indexed ~n the name of the CITY OF VIRGINIA BEACH, as Grantor. June Adopted by the Council of the City of V~rginia Beach, V~rginia, on th~s 12 ,2001. day of CA-8061 02/22/01 F \DalaXATYXFom~s\Deeds\STCLOSU\WORKING\ca8061 ord APPROVED AS TO CONTENT Planmng Department APPROVED AS TO LEGAL SUFFICIENCY C~ty Attorney ('t-Ot~M~'I~L y WOODLAND S~ N28~5'31~ LOT 6 BLOCK "BEAN (;ARDEN" ~¢U~ GPIN: 2418-70-8277 LOTS 1 BLOCK 4 "BEAN (;ARDEN" (Ua 16, PG GPIN: 2418-80-0020 LOT 7 LOT 9 LOT 7-9,11,13,15,17,19,21,23 BLOCK 3 LOT 8 "BEAN (;ARDEN" (MB 16, PG 5,.3) (;PIN' 2418-80-3304 30. S24'41 '34"W LOT 10 LOT 10 BLOCK 3 "BEAN (;ARDEN" (;PIN: 2418-80-1196 CROSS-HATCHED AREA DENOTES PORTION OF SOUTH ORIOLE DR. TO BE CLOSED. AREA = 6,774 SQ. FT. STREET CLOSURE PLAT OF A POt ON OF SOUTH Ol lOZ£ Dt IVE VIR(;INIA BEACH, VIR(;INIA MSA, /1L ~f t--A J.,! Landscape Design. Planning Surveying Engineering- Environmental Sciences ? 5033 ROU SE DRIVE, VIRGINIA BEACH, V.~ 2.t462-3708 JOB# 96058 PLAT RECORDED IN ZONED: N/A I DATE: 3/4/01 I SCALE: 1"=40' I DWN aY: DJC I MB 16, PG 53 AGENDA ITEMS # 13 through # 17 ! STREET CLOSURES SALT MEADOW BAY, LLC (Portions of Barberton Drive, Bean Avenue, South Barberton Drive, and South Oriole Drive) May 9, 2001 GENERAL INFORMATION Site Location, Size and Request: (# 13) discontinuance, closure and abandonment of a portion of Barberton Drive (formerly Woodland Street) beginning on the south s~de of Laskin Road, abutting Lots 1 through 19, Block 9, Bean Garden, Lots 1 and 2, Block 8, Bean Garden, Lots 1 & 2, Block 3, Bean Garden, Lots 1,2 & 3, Block 2, Bean Garden and Lots 14, 15, 16 & 17, Block 1, Bean Garden. Said parcel contains 1.198 acres / DISTRICT 6 - BEACH. (# 14) discontinuance, closure and abandonment of a portion of Bean Avenue beginning on the eastern boundary of Barberton Drive (formerly Woodland Street), abutting Lots 3 through 13, Block 2, Bean Garden and Lots 17 through 22, Block 1, Bean Garden. Said parcel contains 17,154 square feet / DISTRICT 6 - BEACH. (# 15) discontinuance, closure and abandonment of a portion of South Barberton Drive beginning at the eastern boundary of Barberton Drive (formerly Woodland Street, abutting Lots 1,7, 9, 11, 13, 15, 17, 19, 21 and 23, Block 3, Bean Garden and Lots 1 and 4 through 13, Block 2, Bean Garden. Said parcel contains 20,611 square feet / DISTRICT 6 - BEACH. (# 16) discontinuance, closure and abandonment of a portion of South Barberton Drive beginning at the western boundary of Barberton Drive (formerly Woodland Street), abutting Lots 1,7, 9, 11, 13 and 15, Block 8, Bean Garden and Lot 19, Block 9, Bean Garden. Said parcel contains 10,188 square feet / DISTRICT 6 - BEACH. PC Agenda, May 9, 2001 - Page13/17-1 Staff Planner: Purpose: (# 17) discontinuance, closure and abandonment of a portion of South Oriole Drive beginning at the eastern boundary of Barberton Drive, abutting Lots 1,7 and 9, Block 4, Bean Garden and Lots 6, 8 and 10, Block 3, Bean Garden. Said parcels contain 6,774 square feet / DISTRICT 6 - BEACH. Barbara Duke To close several contiguous unimproved streets and incorporate the property into a proposed residential development. LAND USE ZONING AND SITE CHARACTERISTICS Existing Land Use & Zoning: The southern 300 foot of the portion of Barberton Drive proposed for closure is currently paved as access to several existing single-family homes, all of which are owned by the applicant. There is an existing billboard partially located within the right of way of Barberton Drive at the intersection with Laskin Road. The remainders of the rights-of-way proposed for closure are undeveloped. The property surrounding these rights of way is zoned B-2 Business District or R-7.5 Residential District. Surrounding Land Use and Zoning: North: South: East: West: · Shopping Center / B-2 Community Business District Apartments, single-family and duplex dwellings / A-24 Apartment District and R-7.5, R-5D and R-5S Residential Districts City Park, apartments and duplex dwellings / R-7.5 and R-5D Residential Districts and A-12 Apartment District Movie theater, apartments and single-family dwellings / B-2 Community Business District, A-12 Apartment District and R- 10 and R-7.5 Residential Districts Zoning History: Most of the zoning changes in this area are concentrated along Laskin Road and have been oriented toward commercial uses as shown on the zoning history map. In 1979, Barberton Drive was closed and relocated to its present alignment to facilitate construction of the Public Utilities water tank, which is located between the subject site and the City park. PC Agenda, May 9, 2001 - Page 13/17-2 COMPREHENSIVE PLAN The Comprehensive Plan recommends this area to be used in accordance with the existing zoning. The area zoned B-2 Business District should be used for retail, service, office and other compatible uses to serve surrounding neighborhoods and communities. The area zoned R-7.5 should be used for suburban residential/Iow density housing at or below 3.5 dwelling units per acre. PUBLIC SERVICES AND FACILITIES Water/Sewer: Bean Avenue - There are no public water or sewer facilities within this right-of-way. South Barberton Drive (east) - Them are no public water or sewer facilities within this right-of-way. South Barberton Drive (west) - There are no public water or sewer facilities within this right-of-way. South Oriole Drive- There are no public water or sewer facilities within this right-of- way. Barberton Drive- A 36 inch water line is located in the northern 200 feet connecting to facilities in Laskin Road. An appropriate public utility easement dedicated over this line is required. Public Works: There are no drainage facilities in the rights-of-ways proposed for closure, with the exception of drainage swales and roadway pavement in the southern 300 feet of the portion of Barberton Drive proposed for closure. Abandonment of these improvements will be addressed during detailed site plan review should this site be developed. Fire Protection: Adequate Police Protection: Adequate PC Agenda, May 9, 2001 - Page13/17-3 EVALUATION The Viewers have determined that there will be no inconvenience to the public created by closing the proposed street sections because the rights-of-way are currently undeveloped and there are no plans to improve these rights-of-way for public use in the future. The applicant owns all of the adjacent properties and intends to consolidate the land to develop a private residential community. After closure, the consolidated parcel will have opportunities for access from Laskin Road to the north and from Barberton Drive to the south. The request to close portions of Barberton Drive, South Barberton Drive (east), South Barberton Drive (west), South Oriole Drive and Bean Avenue are recommended for approval subject to the conditions hsted below. CONDITIONS 1. The existing billboard that is partially located within the Barberton Drive right-of- way shall be removed prior to final plat recordation. 2. A public utilities easement, satisfactory to Public Utilities, must be recorded to ensure that maintenance of and improvements to the 36 inch water line in Barberton Drive can be achieved. . The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. , The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat shall be submitted and approved for recordation prior to final street closure approval. . The applicant is required to verify that no private utilities exist within the right-of- way proposed for closure. Preliminary comments from the utility companies indicate that there are Virginia Power facilities in Barberton Drive, South Barberton Drive (east), and South Oriole Drive. If private utilities do exist, easements satisfactory to the utility company, must be provided. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If all conditions noted above are not accomplished and a final plat is not approved within 1 year of the City Council's vote to close the roadway, this approval will be considered null and void. PC Agenda, May 9, 2001 - Page13/17-4 INote: Further conditions may be required during the administration of applicable City~ Ordinances. I PC Agenda, May 9, 2001 - Page13/17-5 PC Agenda, May 9, 2001 - Page13/17-6 CROSS-HATCHED AREA DENOTES PORTION OF' BARBERTON DR, TO BE CLOSED. AREA ,. 52,195 SO. FT. PT. LOTS 1- & LOT 14 BLOCK 9 'BEAN GARDE (ue 16, Pc C,P~N: 2418-81-13 PT. LOTS 1-15 &: LOT 14 . BLOCK 9 BEAN GARDEN" (MB lB, PO 53) GIqN: 2418- 71 - 9024 LOTS 15&:16 . BLOCK 9 .BEAN GARDEN (MB 16, PG 53,) GPIN: 2418-70-8769 LOTS 17&:18 'BEAN GARDEN" BLOCK 9 (MB 16, PO 53) GPIN: 2418-70-8750 """~ LOTS 1-19 BLOCK 1 "BEAN GARDEN" (MB 16. PO 53) GPIN: 2418-81 - 1052 LO . BLOCK BEAN GAl (MB 16, PG 53) Gl=IN: 2418- 70-7566 . LOT 2 BEAN GARDEN BLOCK 8 (Ma 16, PO 53) Gl=IN: 2418- 70- 759( LOTS 1-5 BLOCK 2 "BEAN GARDEN' (ua 16, Po 53) GPIN: 2418- 80-1519 LOTS 1 BLOCK 3 "BEAN GARDEN" (ua lS. PO 53) OPEN= 241B- 70- 946(S STREET CLOSURE PLAT OF ~ROINIA BEACH, ~RGINIA PC Agenda, May 9, 2001 - Page 13/17-7 iiii I J III I I jl .~ jI I J I II jl I _ ~~N ~ (,,~0' ny'W) (romzc,~z ~' woooz AND SZ) LOTS 1-5 BLOCK 2 "BEAN GARDEN" (MB 16. Pa 53) GPIN: 2418-80-1519 LOT 3 LOT 4 LOTS 1-19 & PORTION OF WOODLAND ST. (BARBERTON DR.') BLOCK 1 ZOT 17 'BEAN GARDEN' (MB 16, PG 53) GPIN: 2418-81-1052 lOT 1~ LOTS 6&7 BLOCK 2 'BEAN GARDEN" (MB 16. PG 53) GPIN: 2418-80-2564 LOT 5 LOT l LOT 8 z LOTS 8-13 BLOCK 2 "BEAN GARDEN" (UB 16, PO 53) GPIN: 241 B- BO- 4448 LOT 9 lOT 10 lOT 11 LOT I2 ~ LOT ~ c~ LOTS 20&21 ~5 /. OT 20 BLOCK 1 'r~ 'BEAN GARDEN" (MB 16,, PG 53) u,/.OF2! GPIN:2418-80-3710 LOT 22 22 BLOCK 1 "BEAN GARDEN" (MB 16, PG 53) GPIN: 2418-80-3658 LOT CROSS-HATCHED AREA DENOTES PORTION OF BEAN AVE. TO BE CLOSED. AREA = 17,154 SQ. FT, STREET CLOSURE PLAT OF A PORllON OF BEAN A~NUE VIROINIA BEACH, VIRGINIA PC Agenda, May 9, 2001 - Page13/17-8 LOTS 7,9,11,13,15,17&19 BLOCK 8 "BEAN GARDEN" (MB 16. PG 53) GPIN: 2418-70- 5597 LOT 1 BLOCK 8 "BEAN GARDEN" (MB 16, PG 53) GPIN: 2418- 70- 7566 I. OT 15 LOT 15 LOT I1 LOT 9 LOT Y LOT I LOT 19 LOT 19 BLOCK 9 "BEAN GARDEN" (~B is. PC 53) GPIN: 2418-70-8614 ('FOt~M£t~L Y WOODLAND ST.) CROSS-HAICHED AREA DENOTES PORTION OF S. BARBERTOWN DR. TO BE CLOSED. AREA '-- 10,188 SO. FT. STREET CLOSURE PLAT OF A PORTICW OF SOUTH BARBERTON DRIIIE VIRGINIA BEACH, VIRGINIA PC Agenda, May 9, 2001 - Page 13/17-9 LOT 1&2 ?~,~{'() "~'?""-.~' BLOCK 3 "BEAN GARDEN" (MB 16, PO 53) LOT1 lOT1 GPIN: 2418,- 70-9465 LOT 7 LOT 4 LOTS 1-5 BLOCK 2 'BEAN GARDEN" (MB 16. PG 53) GPIN: 2418-80-1519 LOT 9 ,fO/' 5 LO/' 11 lOT 6 LOTS 7-9.11.13, 15,17,19,21,23 BLOCK 3 LOT I3 'BEAN GARDEN' (MB 16. PG 5,:3) GPIN;2418-80-3304 LO7' 15 · LOT 9 z '~. LO/' 19 LOT 10 LO/' 21 LOT 11 LOT 2,,~ LOT 12 LOT 1,~ LOTS 6&7 BLOCK 2 "BEAN GARDEN" (MB 16, PG 53) GPIN: 2418-80-2564 LOTS 8-13 BLOCK 2 "BEAN GARDEN" GPIN: 241B-BO-4448 CROSS-HATCHED AREA DENOTES PORTION OF S. BARBETON DR. TO BE CLOSED. AREA = 20,611 SQ. FT. STREET CLOSURE PLAT OF A PORT/ON OF SOUTH BARB£t~TOAt VIRGINIA BEACH, VIRGINIA PC Agenda, May 9, 2001 - Page 13/17- 10 LOT I ~0~' 6 ? LOTS I &: 7-18 BLOCK 4 "Br'^N (;ARDEN" (MB 16, PG 53) GPIN: 2418-80-0020 LOT 6 BLOCK 3 "BEAN OARDEN" (MB ts, PO 53) GPIN: 2418-70-8277 LQT 7 LOT 7-9,11,13,15,17,19,21,23 BLOCK 3 lOT ,8 "BEAN GARDEN' (MB 16. PG 53) GPIN: 2418-80- 3,304 LOT 9 S24'41'34"W LOT 10 LOT 10 BLOCK ,3 "BEAN GARDEN" GPIN: 2418-80-1196 CROSS-HATCHED AREA DENOTES PORTION OF SOUTH ORIOLE DR. TO BE CLOSED. AREA = 6,774 SQ. FT. STREET CLOSURE PLAT OF A POR ~ON OF SOUTH ORIOL £ DR/~ VIRGINIA BEACH, VIRGINIA PC Agenda, May 9, 2001 - Page13/17-11 FORM UO P S lB City of Virginia Reach INTER-OFFICE CORRESPOI~ENCE In Reply Refer To Our File No. DF-5372 DATE: FROM: DEPT: May 21, 2001 TO: Leslie L. Lilley DEPT: City Attorney B. Kay Wilson~ Conditional Zoning Application Salt Meadow Bay, L.L.C. CiW A~omey The above-referenced conditional zoning application is scheduled to be heard by the City Council on June 12, 2001. I have reviewed the subject proffer agreement, dated February 14, 2001, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure This Document Prepared by: Fine, Fine, Legum & Fine, P.A. THIS AGREEMENT made this 14th day of'February, 2001, by and between Salt Meadow Bay, L.L.C., Property Owner/Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virgnua, Grantee, party of the second part. WlTNESSETH: WHEREAS, Property Owner is the owner of a certain parcel of property located in the Beach District of the City of Virginia Beach, more particularly described as follows: Block 1, Lots 1-22 Block 2, Lots 1-13 Block 3, Lots 1-11, and 13, 15, 17, 19, 21, and23 Block 4, lots 1-3 and 7-18 Block 8, Lots 1-2, 4, 7, 9, 11, 13, 15, 17, 19 Block 9, Lots 1-19 Pomon of Barberton Drive (formerly Woodland Avenue) vacated upon relocation of Barberton Drive. Streets to be closed, Bean Avenue, South Barberton Drive, eastern most portion of S. Oriole Drive, and northern most potion of Barberton Drive, title to which will vest m Salt Meadow Bay L.L C. said property hereina~er referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the zoning map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zomng Classification of the Property from R-7.5 Residential District and B-2 Commercial Business District to Conditional A-36; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GP1N/ACCT. NOS 24187086140000, 24187087300000, 24187087690000, 24187094210000 24187094650000, 24187080150000, 24187190240000, 24188110520000, 24188037100000 24188036580000, 24188015190000, 24188025640000, 24188044480000, 24187074700000 24188033040000, 24188011960000, 24188000200000, 24187083770000, 24187093110000 24187091010000, 24187075900000, 24187075660000, 24187055970000 WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that m order to permit different types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the s~tuation to which the Grantors' rezoning application gives rise; and WHEREAS, the grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a pan of the proposed amendment to the Zoning Map with respect to the Property, the follovang reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a pan of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, their successors, personal representatives, assigns, Grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezonmg, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants nwning with the Property, winch shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, Grantees, and other successors in interest or title: I. The project shall be developed substantially as shown on the site plan entitled "Conceptual Site Layout of Village of Salt Meadow Bay at Laskm" prepared by MSA, P.C. dated February 12, 2001, which has been exhibited to the Department of Planmng (hereinafter "Concept Plan"). 2 The project shall be landscaped substantially as shown on the landscape plan entitled "Conceptual Landscape Plan, drawing numbers R 1-3" prepared by Terra Earth Friendly Designs dated April 2001 which has been exhibited to the Department of Planning (hereinafter "Landscape Plan"). 3 The project shall not exceed 282 units w~th a density of 23.63 units per acre outside of water and wetlands. 4. The height of braidings identzfied on the Concept Plan as Building 1, Building 2, Building 3, and ]~uilding 4 shall not exceed 86 feet. 5. Only outdoor uses such as recreation areas, garages, parking and rights-of- way shall be placed in the Accident Potential Zone 2 as depicted on the Concept Plan 6. The exterior design, material, and colors of Building l, Building 2, Building 3, and Building 4 and the Site Entry shall adhere to the elevations shown on the exhibit entitled "Site Entry Elevation and Building Elevation, Village of Salt Meadow Bay at Laskin," prepared by CMSS Architects, P.C., dated 4-4-01, which have been exhibited to the Virginia Beach City Council and are on file vath the Virginia Beach Department of Planning (hereinafter "Elevations"). . . 10. 11 The raised parking structure depicted on the Concept Plan shall have the same architectural elements and construction materials as those depicted on the Elevations. The two story recreation building and the one story garages will be wood frame construction with residential detailing to match the building elevation. Roofs to be pitched with gable ends. Finish materials to be asphalt shingles, vinyl siding with wood trim and brick accents. Colors to match the main buildings. Doors and windows to be residential style to match mare building. As depicted on the site plan, at the entrance to the property on Laskin Road, the grantor will dedicate a 2.2 acre perpetual landscape/scenic easement in a form acceptable to the City Attorney for the purpose of preserving the scenic vistas of the Laskin Road corridor at Linkhorn Bay and its transition to the Oceanfront area as specifically requested in the Virginia Beach Outdoors Plan - 2000 Update. The building envelope (exterior walls, roof system and exposed floor at garage level) will be designed in accordance with industry standard, sound reduction construction materials and techniques. Installation of these exterior elements will be in accordance vath accepted sound reduction construction practice. All acoustic related items will be evaluated by an experienced architectural acoustic consultant prior to the construction document phase of this project. Acoustical data and details will be forwarded to the City of Virginia Beach for review. Grantor will cons~uct a means of ingress and egress from Saltmeadow Bay to Beach Garden Park in the area depicted on the site plan Grantor commits to mamtaining a 25' perimeter area along the fence between Beach Garden Park and Saltmeadow Bay Grantor will install signs approved by Parks and Recreation along the direct path route to Ocean Walk at 200' ~ntervals Further conditions may be required by the GRANTEE during detailed Site Plan review and administration of apphcable City codes by all cogmzant c~ty agencies and departments to meet all applicable C~ty code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even If the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordmance until specifically repealed The condittons, however, may be repealed, amended, or vaned by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that such instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advemsed pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and ~f not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zomng Adrmmstrator of the City of Virglma Beach, Virginia shall be vested with all necessary authority, on behalf of the govermng body of the City of Virginia Beach, Virgima, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance voth such conditions be remedied, and (b) to bring legal action or suit to insure comphance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the reqtured braiding or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Plsnning Department, and they shall be recorded in ~he Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginh, and indexed in the names of the Grantors and the Grantee. WITNESS the following signatures a~d seals: GRANTOR: SALT MEADOW BAY LLC ~ Michael J. tgarrett STATE OF VIRGINIA I, I~)~ j~ ~ S~~,a Nom. Public in and *r ~e Ci~ ~d State a*resaid, do hereby ~at _An~e~S. F~e, whose n~e is sl~ed to ~e foregoing l~~nt dated &e 14~ ~y of Feb--, 2001, did personally appear before me m my Cl~ and S~te aforesaid and ac~owledge ~e s~e to me. GIVEN under my hand and seal this 30th My ,cornnu~sLon expires: day of April, 2001. Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, [~ lr~ ~ ~LI C ~d ,a Notary Public in and for the City and State aforesaid, do hereby certify that Michael J. Ban'eR whose name is signed to the foregoing instrument dated the 14's day of February, 2001, did personally appear before me in my City and State aforesaid and acknowledge the same to me. GIVEN under my hand and seal this 30th day. of April, 2001. Notary Public My comrmssion expires: ~ APPLICATION STREET CLOSURE CITY OF VIRGINIA BEACH PA GE 4 OF 4 Applicant's Name: DISCLOSURE STATEMENT Salt Meadow Bay, L.L.C. List All Current -Property Owners: Salt Meadow Bay, L.L.C. PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below' (Attach hst tfnecessar3,) Andrew S. Fine Morris H. Fine Michael J. Barrett If the property owner is a PARTNERSHIP, FIRM, or oth,er UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. If the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below' (Attach list if necessary) Andrew S. Fine Morris H. Fine Michael J. Barrett If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATION: I certify that the inform trate. ! Signature Michael J. Barrett Print Name Rev 911 - 41 - Item V-I. 3. PLANNING ITEM # 48285 Upon motton by Counctl Lady Henley, seconded by Counctlman Harrtson, Ctty Counctl DEFERRED TO 26 JUNE 2001, Ordtnance upon apphcatton of DOMINION B UILDING GROUP, INC. for a Condtttonal Change of Zontng Dtstrtct Class~ficatton ORDINANCE UPON APPLICATION OF DOMINION BUILDING GROUP, INC FOR A CHANGE OF ZONING FROM R-10 TO CONDITIONAL B- I Ordtnance upon apphcatton of Domtnton Butldtng Group, Inc for a Change of Zontng from R-10 Restdenttal Dtstrtct to Condtttonal B - ] Netghborhood Bustness Dtstrtct on the west stde of South Btrdneck Road, 70 ! 7feet north of Jackson Street (GPIN #24I 7-44-6080) The proposed zoning classtficatton change to Conditional B-1 ts for low tntenstty commerctal land use The Comprehenstve Plan recommends use of thts parcel for suburban restdenttal/low denstty use (at or below 3 5 dwelhng untts per acre) tn accordance wtth other Plan pohctes Satd parcel ts located at 113 South Btrdneck Road and contatns 18, 717 square feet DISTRICT 6- BEA CH Vottng 9-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr, Barbara M Henley, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr June 12, 2001 - 42 - Item V-I. 4. PLANNING ITEM # 48286 Upon motton by Counctl Lady Henley, seconded by Counctlman Harrtson, City Counctl ADOPTED , with Condition #5 amended, Ordtnance upon apphcatton of Edward M Todd, Trustee, KINGS GRANT BAPTIST CHURCH for a Condtttonal Use Permtt for a church addition ORDINANCE UPONAPPLICA TION OF ED WARD M TODD, TRUSTEE KINGS GRANT BAPTIST CHUR CH FOR A CONDITIONAL USE PERMIT FOR A CHURCH (addttton) R06013052 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton of Edward M Todd, Trustee Ktngs Grant Bapttst Church for a Condtttonal Use Permtt for a church (addttton) on the west stde of Ltttle Neck Road, 153 56feet north of Newcastle Road (GPIN #1488-82-8793, #1488-82-8629) Satdparcel ts located at 8 763 Ltttle Neck Road and contatns 4 4 acres DISTRICT 5 - L YNNHA VEN The followtng condtttons shall be requtred The proposed ad&ttons shall be constructed tn accordance wtth the submttted stte plan, tttled "KINGS GRANT BAPTIST CHUR CH SANCTUAR YAND ENTR YADDITION", prepared by Engtneertng Servtces, Inc, and dated 03/14/01 The proposed addtttons shall be constructed tn accordance wtth the three (3) submttted rendertngs tttled "Ktngs Grant Bapttst Church, Vtrgtma Beach, Vtrgtma", prepared by the Barnes Destgn Group The bmldtng matertals shall be the same as the extsttng structure tn both quahty and color Intertor coverage landscaptng, as defined tn the &te Plan Or&nance, Sectton SA, tn relatton to the new parktng spaces shall be requtred durtng detatled stte plan revtew Foundation screentng, as defined tn the Stte Plan Ordtnance, Sectton 5A, shall be requtred along the enttre length of the new butldtng walls Extsttng landscaping along the north, west, and south property hnes shall be supplemented with Category I screentng to form a sohd landscape screen The three portable butldmgs (traders) shall be removed from the L __t' .... g'-~ __ .~_ ~Z'_ _ _ ~ _ _.fi/ma .................. -l .ff - _ _ .~ l .... ..l .L .~ .... no later than June 12, 2005 The 3400 square foot future butldtng addttton, shown on the plan tn the location of the extsttng tratlers, shall be destgned and constructed wtth butldtng matertals that are the same as the extsttng structure tn type, quahty and color Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtma, on the Twelfth of June, Two Thousand One June 12, 2001 - 43 - Item V-I. 4. PLANNING ITEM # 48286 (Continued) Vottng 9-0 (By Consen0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr June 12, 2001 - 44 - Item V-I. 5. PLANNING ITEM # 4828 7 Upon motton by Counctl Lady Henley, seconded by Counctlman Harrtson, Ctty Counctl ADOPTED Ordinance upon apphcatton of CHURCH OF CHRIST at CREEDS for a Condtttonal Use Permtt for a church addition ORDINANCE UPON APPLICATION OF CHURCH OF CHRIST AT CREEDS FOR A CONDITIONAL USE PERMIT FOR A CHURCH ADDITION R06013053 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton of Church of Chrtst at Creeds for a Condtttonal Use Permtt for a church (addttton) at the southwest corner of Morrts Neck Road and Fttztown Road (GPIN #2318-29-0183, #2318-18- 9927, #2318-18-6872, #2318-19-9265) Satd parcel ts located at 5500 Morns Neck Road and contatns 8 88 acres DISTRICT 7 - PRINCESS ANNE The followtng condtttons shall be reqmred The acttvtty butldtng shall be constructed wtth a pre-cast metal structure with a reddish brown exterior to comphment/match the color of the brtck extertor of the church The acttvtty butldtng shall not exceed fifieen feet (15') tn height and shall be the type of structure deptcted tn the ptcture provtded to and on file wtth the Planntng Department The northern extertor butldtng wall of the new butldmg (parallel to Morrts Neck Road) shall mclude a four foot (4') htgh brtck sktrt to match the brtck on the extsttng church Foundatton screentng, as defined tn the Stte Plan Ordinance, Sectton SA, shall be requtred along the enttre length of the new butl&ng wall parallel to Morris Neck Road Addmonal foundatton landscaptng shall be added to the sectton of the extsttng church that ts dtrectly adjacent to theproposed addttton The gravel parktng lot shall be tmproved to meet the mtntmum parkmg requtrements of one space per five seats for the sanctuary seattng The apphcant may request a deferral or watver, to the on-stte tmprovements from the Admtntstrator of Permtts and Inspecttons tn the Planmng Department Vottng 9-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr, Barbara M Henley, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wilson Counctl Members Voting Nay None Council Members Absent Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtma Beach, Vtrgtnta, on the Twelfth of June, Two Thousand One June 12, 2001 - 45 - Item VJ. 6. PLANNING ITEM # 48288 Upon motton by Council Lady Henley, seconded by CounctIman Harrtson, Ctty Council DEFERRED INDEFINITELY Ordtnance upon apphcatton of COMMERCIAL INVESTMENT PROPERTIES, L.L.C. for an AMENDMENT to the Green Run Land Use Plan to allow ,fuel sales (stx gasohne pumps) tn conjunctton wtth a convenience store ORDINANCE UPON APPLICATION OF COMMERCIAL INVESTMENT PROPERTIES, L L C FOR AN AMENDMENT TO THE GREEN RUN LAND USE PLAN TO ALLOWFUEL SALES IN CONJUNCTION WITH A CONVENIENCE STORE Or&nance upon apphcatton of Commerctal lnvestment Properties, L L C, for an amendment to the Green Run Land Use Plan to allow fuel sales tn conjunctton wtth a convemence store at the southwest tntersectton of Buckner Boulevard and S Rosemont Road (GPIN #1485-65-6406) Satd parcel contatns 1 6 acres PRINCESS ANNE - DISTRICT 7 Vottng 9-0 (By Consen0 Counctl Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr, Barbara M Henley, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Council Members Absent Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr June 12, 2001 - 46- Item V-J. 1. APPOINTMENTS ITEM # 48289 B Y CONSENSUS, Ctty Councd RESCHEDULED thefollowmg APPOINTMENTS: COMMUNITY SER VICES BOARD (CSB) PARKS AND RECREATION COMMISSION SOCI/IL SER VICES BO,'IRD June 12, 2001 Item V-J. 2. -47- APPOINTMENTS ITEM # 48290 Upon NOMINATION by Counctlman Branch, Ctty Counctl REAPPOINTED Kathleen M. Carter Armand J. DeBellis Thomas A. Felton Colonel Angel Luis Morales 2year terms- 7/1/01 - 6/30/03 AR TS AND HUMANITIES COMMISSION Vottng 9-0 (By Consen0 Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wdson Councd Members Vottng Nay None Counctl Members Absent Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr June 12, 2001 Item V-d.3. - 48- APPOINTMENTS ITEM # 48291 Upon NOMINATION by Councilman Branch, Ctty Counctl REAPPOINTED Ira E. Copenhaver Thomas E. Fraim William A. Hearst 3 year terms - 7/01/01 - 6/30/04 BEACHES AND WA TER WA YS AD VISOR Y COMMISSION Vottng 9-0 (By Consen0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Louts R Jones and Vice Mayor Wtlham D Sessoms, Jr June 12, 2001 Item V-J. 4. - 49- APPOINTMENTS ITEM # 48292 Upon NOMINATION by Counctlman Branch, Ctty Counctl REAPPOINTED Margaret L Eure Nancy K. Parker James K. Spore 2 year terms - 7/01/01 - 6/30/03 HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) Votmg 9-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr, Barbara M Henley, Reba $ McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Louts R Jones and Vtce Mayor Wdham D Sessoms, Jr June 12, 2001 - 50- Item V-d. 5. /IPPOINTMENTS ITEM # 48293 Upon NOMINATION by Counctlman Branch, Ctty Counctl REAPPOINTED Dan H. Brockwell Fred Hazelwood Kal Kassir 3 year terms - 7/01/01 - 6/30/04 SHORE DRIVE ~ID VISOR Y COMMITTEE (SD/I C) Vottng 9-0 (By ConsenO Counctl Members IZottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham I/V Harrtson, dr, Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Louts R Jones and Vtce Mayor Wtlham D Sessoms, dr June 12, 2001 - 51 - Item V-J. 6. APPOINTMENTS ITEM # 48294 Upon NOMINATION by Counctlman Branch, Ctty Counctl REAPPOINTED Dorcus T. Helfant 4year term - 7/01/01 - 6/30/05 TIDE WA TER COMMUNITY COLLEGE BOARD Vottng 9-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, 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 Louts R Jones and Vtce Mayor Wdham D Sessoms, dr June 12, 2001 - 52 - Item V-J. 7. APPOINTMENTS ITEM it 48295 Upon NOMINATION by Counctlman Branch, Ctty Counctl REAPPOINTED Bruce E. Bright 4year term - 7/01/01 - 6/30/05 TIDEWATER REGIONAL GROUP HOME COMMISSION Vottng 9-0 (By Consent) Counctl Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham I/V Harrtson, Jr, Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary ~tlson Counctl Members Vottng Nay None Council Members Absent Louts R Jones and Vtce Mayor [Ftlham D Sessoms, Jr June 12, 2001 Item V-L. 1. - 53 - NEW BUSINESS ITEM # 48296 Maxtne Graham request'ed assurance from Ctty Counczl to an equitable and expedtent resolutton of dratnage problems tn Sandbrtdge (see item # EH.I) Ordtnance to authorize the acquisition of temporary and permanent easements for the Sandbridge dratnage improvements, by esther agreement or condemnatton re stormwater management. (DISTRICT- 7 PRINCESS ANNE) Mrs Graham adwsed there are 1400platted, residential lots in Sandbridge and she possesses the original plats with the covenants and deed restrzcttons All have 5-foot dratnage and utthty easements along those property hnes Mayor Oberndorf advtsed no structures wtll be tmpacted June 12, 2001 - 54 - Item V-M. 1. AD JO URNMENT ITEM #4829 7 Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 7:05 P.M. Chtef Deputy Ctty Clerk Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtma Beach Vtrgtnta June 12, 2001 ABSTRACT OF VOTES cast in the . c~t-y of Viccj,inJ.a Be~,,ch at the June 12, 2001 Democratic Primary Election for: · Virginia, LIEUTENANT GOVERNOR NAMES OF CANDIDATES AS EJtOW# ON J[4£LOT TOTAl VOTES RECEIVED (1# F~URE$I TIMOTHY M. KAINE ........................ ALAN A. DIAMONSTEIN ..................... .2~ 832. . JERRAULD C. JONES ....................... 2,506 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on June 12, 2001, do hereby certify that the above is a true and correct Abstract of Votes cast at said Democratic Primary Election for the above office. Given under our hands th/s A copy teste: day Cha.rman · Vice Chmrman , Secretary Secretary, Electoral Board STRACT OF VOTES cast in the . ~-~t7 nf v~,~2~-~, n~_ ,.~, , Virginia, at the June 12, 2001 Democratic Primary Election for: ATTORNEY GENERAL NAMES OF CANDIDATES AS SHOWN ON I~AIIOT TOTAL I/OTES RECEIVED fin F~UnES) WHITTINGTON W. CLEMENT .................... 1,29o A. DONALD McEACHIN ........................ 1,917 SYLVIA L. CLUTE ............................ 1,239 JOHN S. EDWARDS .......................... 1,783 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on June 12, 2007, do hereby certify that the above is a true and correct Abstract of Votes cast at said Democratic Primary Election for the above office. Given under our hands this ,4 copy testa: , Chairman Vice Chairman Secretary Secretary, Electoral Board OFFICE OF THE CITY MANAGER (757) 427 4242 FAX (757) 427 4135 TDD (757) 427 4305 City of Virginia MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH VA 23456 9001 June 21, 2001 The Honorable Mayor and Members of Council Dear Mayor and Counc~lmembers At last week's council briefing, Counc~lmember W~lson requested ~nformabon regarding the possibility of ~nst~tut~ng "booting" as an alternabve to towing parking v~olators and vehicles left ~n municipal parking lots Attached ~s an Interim Progress Report from Captain Kenneth Lowe, Jr of the Police Department Please let me know ~f you have any quesbons S~ncerely, C amesK Spore ~ty Manager JKS/kma Attachment Interim Progress Report During the presentation of the Towing Adwsory Board's recommendations for change to the current towing ordinances, Mrs Rosemary Wilson asked about the possibility of instituting "booting" as an alternative to towing parking violators and vehicles left in mumclpal parlang lots "Booting" is the practice of attaclmng a tire immobilization device (originally called a Denver boot) to one of the vehicles tires This "boot" precludes the vehicle being operated until the device is removed Mr C Oral Lambert directed Captain K M Lowe, Jr (Police-Special Operations) to initiate the following (1) investigate the procedure(s) under wluch a policy of this type might be enacted, and (2) attempt to detect any potential problems that may be encountered under this procedure Ms Kathy Dillon Rountree of the City Attorney's office has found that State Code {}46 2-1231 enables localities to enact ordinances of this type Further, these ordinances can be applied on all c~ty properties and may also be written so as to authorize this procedure on private property It should be noted that any ordinance of this type could not mandate ttus procedure on private property, the use of this procedure would be at the discretion of the private property owner Ms Rountree is in the process of obtaimng copies of ordinances of this type from junsdmtlons that utilize the procedure Captain Lowe has also spoken to Mr Henry Ruiz (Resort Manager Adaunistrator) to obtatn tus comments on instituting the "booting" procedure Mr Rmz believes that "booting" may negatively impact the image the city is trying to promote Finally, Captain Lowe has met with several other police supervisors to speculate on the potential problems this procedure may incur These initial list of potential problems are listed below What violations will the "booting" procedure be authorized for and what price will be set for release of the vehicle9 "Booting" should not be authonzed for all parking violations With the number of parlong tickets issued each day, having enough "boots" on hand to immobilize all violators would be cost protubltlve "Booting" should be reserved for vehicles that have compiled several violations or for vehicles illegally parked in municipal lots The fee for release of the vehicle would need to be slrmlar to the price that would have been charged if the vehicle was towed Secondly, as summons can be issued for each hour of violation, what would be the release fee for multiple hourly violations? To charge a single release fee which is less than a tow fee may invite violators to illegally park and stay at the location 2 Who pays for the ~'boots", where are they stored, how are they transported, and what sizes are purchased? Tire tmmobihzatlon devices are designed to fit the wheel rims and thus come in a variety of sizes, there is no device I have found where one size fits all Typically the devices fit tires of 12"to 14", and tires of 14"to16" inches "Boots" to fit the tires of the larger SUV's and pickup trucks would have to be purchased separately These "boots" range in cost from $199 - $399 each To have enough on hand to fit the number of violators who receive parking tickets daily will require a large storage area Secondly, dependant on brand, each device will weight between 15 and 35 pounds Transportation of several of these at a time would require, at a mimmum, a small truck It has also been suggested that perhaps the individual wrecker operators purchase and install the "boots" at police direction Ttus would be similar to the procedures currently followed for vehicle tows, however it raises several other issues What occurs when a wrecker on the Police Wrecker List is called but has no"boots" available to Install? Why would wrecker operators agree to this procedure if the price they receive will be less than the price for a tow9 How many "boot" fees would be required for the wrecker operator to recoup the purchase price of tire immobilization devices? Could the "booting" procedure be undertaken by those already under contract to provide parkang enforcement (Standard Parking) for the City? As tlus is a contracted service, any addition to the services and responsibilities specified in the contract may require re-negotiation of the present agreement It may also require the entire contract again be opened for bid Who will be responsible for collecting the fee for removal of the "boot" and during what time period will tlus service be available? The Pohce Department cannot have any responsibility for collecting release fees Yet, if we expect persons to reclaim their velucles promptly, provisions would need to be enacted where release can be accomplished at any time Currently wrecker operators must store vehicle in a area staffed 24 hours a day or prormnently display a telephone number where an attendant can be reached, vehicles must be released within 2 hours of notification This procedure may also need to be enacted in the enabling "booting" ordinance Agasn, if Standard Parkdng is given tlus responsibility, it would necessitate their luring additional personnel wluch may require the present contract to be re-negotiated If wrecker operator's are given the responsibility, procedures already in place may suffice the City assumes tlus responsibility, it would necessitate luring additional personnel to collect the fees plus provide a secure location where these fees could be collected Also, If should the c~ty assume this responsibility, someone would have to be hired to actually remove the boot from the vehicle after the fee ~s paid 5 Would "booting" be a viable alternative to towing from mumcipal parking lots? While "booting" may appear to be more "friendly", ~t is projected that th~s practice may actually cause more problems then the present towing procedure Presently, as persons find their vebacles have been towed from the mumcipal lots, they must disperse to the various wrecker storage locations to reclaim their vehicle Thus, you have a few angry people at several locations throughout the c~ty Should the same number of persons return to the municipal lot and find their vetucles "booted", you have the same number of upset persons but you have now concentrated them ~n a small area This could present additional problems should a representative amve on scene to release a single vehicle and be confronted by several angry persons Thts scenario, which ~s played out nightly at the Oceanfront, may actually require asslgmng a pohce officer at each mumcipal lot ~n order to reduce the potential for wolence Tins would further deplete the limited pohce resources assigned to the Oceanfront dunng summer operations City of Virginia OFFICE OF THE CITY MANAGER (757) 427-4242 FAX (757) 427-4135 TDD (757) 427-4305 MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH VA 23456-9001 June 21, 2001 The Honorable Mayor and Members of Council Dear Mayor and Counc~lmembers At last week's council briefing, Counc~lmember McClanan requested specific ~nformabon on vehicles towed from w~th~n the c~ty and the approximate bme required by c~ty employees to deal w~th these tows Attached ~s a memo from Captain Kenneth Lowe, Jr of the Police Department which prowdes that ~nformabon Please let me know ~f you have any quesbons or would I~ke add~bonal ~nformabon S~ncerely, JKS/kma Attachment ~ Spore Manager Oral Lambert - 20001nfo tow wpd Page ;1~ 1 City of Virginia Beach INTER-OFFICE CORRESPONDENCE To Oral Lambert - Chef Operattnl~ Officer Department From Captain K M Low% Jr Subject Requested Information - Mrs Reba McClanan Date June 19, 2001 City Mariner's Office Department Pohce - Spemal Operations At the staff briefing on the revisions to the various towing ordinances proposed by the Towing Admsory Board, Mrs McClanan requested specific mformat~on on vehicles towed fi.om wathm the city (both pohce and private tows) and the approxtmate tnne required by city employees to deal w~th these tows. The requested lnformataon ~s shown below, however, several caveats must be noted The tnne figures shown below are est]mates gwen by the 911 Emergency Commumcat~ons staff, pre,aously, no hard figures have ever been kept m tlus area. Presently, only 3 areas w]tlun the Clty (Kempsvflle, Oceanfxont, Plaza) contact wreckers on the Pohce Wrecker List using a rotation pohcy In all other areas, the closest wrecker on the Pohce Wrecker List Is contacted For Commumcat]ons personnel to determine wluch wrecker is next tn the rotation, and then contact them, adds approxamately 2 minutes per request Private wrecker tows (no pohce involvement) only reqmre Communications personnel to log the make, model, color, and hcense number of the velucle towed, no contact vath the I O:al Lambert - 20001nfo tow wpd Page 2~ 2 wrecker operators ts requu'ed prtor to the tow 2000 Police Tows: Regular Rotation 12,087 6 minutes per request X 12, 087 requests = 72,522 minutes (1,209 hours) 2 additional mmutes per request X 4,756 requests = 19,024 minutes ( 317 Hours) Total Tune = 91,546 minutes ( 1,526 Hours) Private Tows: 12,979 4 minutes per tow X 12,979 private tows = 51,916 minutes (865 Hours) Total Time required by 911 Emergency Communications -- 143,462 minutes (2391 Hours) 2001 Police Tows (January - May): 4,876 The number ofpohce tows reported ts remaining at the same levels as tn 2000 Regular 6 minutes per request X 4,876 requests = 29,256 minutes (488 hours) Private Tows (January - May): 6,137' *Private tows are showtng a 20% tncrease over the figures given in 2000 4 mtnutes per tow X 6,137 private tows = 24,548 minutes (409 Hours) Total time required by 911 Emergency Communications = 53,804 (897 Hours)