HomeMy WebLinkAboutJULY 3, 2001 MINUTESCi
CITY COUNCIL
MAYOR MEYERA E OBERNDORE At-Large
VICE MAYOR WILLIAM D SESSOMS, JR, At-Large
LINWOOD 0 BRANCH, III, Beach -Dtstrtct 6
MARGARET L EURE, Centervdle -Dtstrtct 1
WILLIAM W HARRISON, JR, Lynnhaven - District 5
BARBARA M HENLEY, Prtncess Anne -Dtstrtct 7
LOUIS R JONES, Baystde -Dtstrtct 4
REBA S McCLANAN, Rose Hall -Dtstrtct 3
ROBERT C MANDIGO, JR, Kempsvtlle -Dtstrtct 2
NANCY K PARKER, At-Large
ROSEMARY WILSON, At-Large
JAMES K SPORE, Ctty Manager
LESLIE L LILLEY, Ctty Attorney
RUTH HODGES-SMITH, MMC, Ctty Clerk
of r inia B--
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE (757) 427-4304
FAX (757) 426-5669
EMAH. Ctycncl@ctty vtrgtnta-beach va us
July 3,2001
I CITY MANAGER'S BRIEFING
- Conference Room -
3:00 PM
A
31 st STREET AGREEMENT
Pete Kane, Hunton & Williams
II REVIEW OF AGENDA ITEMS
III CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
- Conference Room -
4:30 PM
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. Oberndorf
B. INVOCATION:
Reverend Charles N. Wiest
Lekies-Wesleyan Acres United Methodist 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 26, 2001
G AGENDA FOR FORMAL SESSION
Tire Consent Agenda will be determined during tire Agenda i?eview Session anti
considered in the ordinary course o£busJness by CJ(y Council to be enacted by one
motion.
H. ORDINANCE/RESOLUTIONS
Ordinance to amend §§ 21-422, 21-424 thru 21-429 of the City Code re TOWING vehicles
from private property
Option A: Recommended by the Towing Advisory Board
Option B: Recommended by the City Staff
.
Resolution designating the location and design for LASKIN ROAD PHASE I (Public
Hearing November 15, 2000); and, to request Virginia Department of Transportation (VDOT)
acquire and convey all necessary rights-of-way.
.
Resolution to endorse the City's participation in the Commonwealth of Virginia's E-
COMMUNITIES INITIATIVE which will enable all Virginia communities to use lnternet
and communications technologies for lmprovelng both the quality ofh fe for their citizens and
the economic vitality of their communities and regions.
4. Licence Refund: $119,778.44
I. PLANNING
PLANNING BY CONSENT - To be determined dunng the Agenda Review Session.
Apphcatlon of NEAL REED on the east side of Dam Neck Road and Holland Road,
containing 1.4 acres:
(DISTRICT 7 - PRINCESS ANNE)
Change of Zoning: from AG - 2 Agricultural District to Conditional B -2
Community Business District
b. Conditional Use Permit: automobile service station and car wash
Recommendation:
APPROVAL
.
Apphcatlon of BACK BAY CHRISTIAN ASSEMBLY for a Conditional Use Permit re
child care education center with a church on the east side of Pnncess Anne Road, south of
Vaughan Road (1196 Pnncess Anne Road), containing 11 6 acres.
(DISTRICT 7 - PRINCESS ANNE)
Recommendation:
APPROVAL
o
Application of JANET L. KOTTKE for a Conditional Use Permit re a pre-school/day care
facility in the Tidewater United Church of Christ on the east side of West Neck Road, south
of North Landing Road (2660 West Neck Road), containing 9.58 acres
(DISTRICT 7- PRINCESS ANNE)
Recommendation: APPROVAL
.
o
Apphcatlon of M & M CONTRACTORS, INC., for a Con&tlonal Use Permit re a self-
storage facility on the west side of South Lynnhaven Road, south of Lee Highlands Boulevard,
containing 5.08 acres.
(DISTRICT 3 - ROSE HALL)
Recommendation:
APPROVAL
Application of SOKA GAKKAI INTERNATIONAL-USA for a Conditional Use Permit
re a church at the intersection of%rglma Beach Boulevard and Davis Street (5476 Virginia
Beach Boulevard), containing 2.955 acres
(DISTRICT 2- KEMPSVILLE)
Recommendation:
APPROVAL
o
Application of RIGANTO, L.L.C., for a Change of Zoning District Classification from R -
5D Residential Duplex District to Conditional I- 1 Light Industrial District located on the east
side of South Rosemont Road, north of Dam Neck Road, containing 33 acres
(DISTRICT 7 - PRINCESS ANNE)
Recommendation:
APPROVAL
APPOINTMENTS
COMMUNITY SERVICES BOARD (CSB)
[In accordance with Virginia State Code, Section 37 1-195, the June 26th normnatlon
of Mary Almaguer is subject to City Council appointment on July 3, 2001]
PARKS AND RECREATION COMMISSION
SOCIAL SERVICES BOARD
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)
06/28/01slb
AGENDA\07-03-01 .pln
www.virginia-beach.va, us
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
0
H M B
A C M E S
DATE July 3, 2001 B R H C A R P E W
PAGE 1 R R E J L N N A S I
A E I N O A D D R S L
N U S L N N I O K O S
AGENDA C R O E E A G R E M O
ITEM # SUBJECT MOTION VOTE H E N Y S N O F R S N
IA BRIEFING
Pete Kane, Hunton 8:
31't STREET PARKING Wfihams
II/III/ CERTIFICATION OF CLOSED CERTIFIED I0-0 Y Y Y Y Y Y Y Y A Y Y
IV/V SESSION
/E
F/I MINUTES - June 26, 2001 APPROVED 9-0 Y Y A Y Y Y Y Y A Y Y
B
S
T
A
l
N
E
D
H/I Ordinance, as recommended by ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
City Staff, to AMEND §§21- Effective July 25,
422/21-424 thru 21-429 of City 2001, and refer
Code re TOWING from private back to Towing
property Advisory Board
for their
recommendations
to City Council
by October 1,
2001
2 Resolution designating location/ ADOPTED 8-2 Y Y Y A Y N Y Y Y Y N
design for LASKIN ROAD B
PHASE 1/request VDOT S
acqun'e/convey r-o-w T
A
I
N
E
D
3 Resolution to endorse partlcipat~on ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
in Va's E-COMMUNITIES CONSENT
INITIATIVE
4 LICENSE REFUNDS: APPROVED 10-0 Y Y Y Y A Y Y Y Y Y Y
$119,778.44 BY CONSENT B
S
T
A
I
N
E
D
I/1 NEAL REED Dam Neck Road/
Holland Road (DISTRICT 7 -
PRINCESS ANNE)
APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y
a COZ From AG-2 to PROFFERED
Conditional B-2 BY CONSENT
b CUP Auto service station/car APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
wash CONDITIONED
BY CONSENT
2 BACK BAY CHRISTIAN APPROVED/ I 1-0 Y Y Y Y Y Y Y Y Y Y Y
ASSEMBLY CUP Child care CONDITIONED
education at 1196 Princess Anne BY CONSENT
Road (DISTRICT 7 - PRINCESS
ANNE)
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
0
H M B
A C M E S
-'JuLy 3,2001 B R H C A R P E W
DATE
PAGE 2 R R E J L N N A S I
A E I N O A D D R S L
N U S L N N ! O K O S
AGENDA C R O E E A G R E M O
H E N Y S N O F R S N
ITEM # SUBJECT MOTION VOTE
3 JANET L. KOTTKE CUP Pre- APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
school/day care in Tidewater CONDITIONED
United Church of Christ at 2660 BY CONSENT
West Neck Road (DISTRICT 7 -
PRINCESS ANNE)
4 M & M CONTRACTORS CUP APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
Self-storage on South Lyrmhavcn CONDITIONED
Road/Lee Highlands Blvd BY CONSENT
(DISTRICT 3- ROSE HALL)
5 SOKA GAKKAI APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
INTERNATIONAL - USA CUP CONDITIONED
Church at 5476 Virginia Beach BY CONSENT
Blvd (DISTRICT 2 -
KEMPSVILLE)
6 RIGANTO, L.L.C. COZ from R.~ APPROVED/AS 11-0 Y Y Y Y Y Y Y Y Y Y Y
5D to Condmonal I-1 on South PROFFERED
Rosemont Road/Dam Neck Road BY CONSENT
(DISTRICT 7- PRINCESS
ANNE)
J APPOINTMENTS
COMMUNITY SERVICES
BOARD (CSB)
Unexpired Term 11-0 Y Y Y Y Y Y Y Y Y Y Y
Appointed Mary Almaguer thru 12/31/2002
PARKS & RECREATION COMM Rescheduled B Y C O N S E N S U S
SOCIAL SERVICES BOARD Rescheduled B Y C O N S E N S U S
K/L ADJOURNMENT 6 25 PM
.O,e OUR NI~'~Oq
MINUTES
VIRGINIA BEACH CITY COUNCIL
V~rg~n~a Beach, Virg~ma
July 3, 2001
Mayor Meyera E Oberndorf called to order the CITY COUNCIL BRIEFING re 31s' STREET
AGREEMENT tn the City Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, July 3, 2001, at
300PM
Counctl Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley,
Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker, Ytce Mayor Wtlham D
Sessoms, Jr and Rosemary I'Ytlson
Counctl Members Absent
Wtlham 19' Harrtson, Jr [Entered 3 30 P MI
-2-
CITY MANA GER 'S BRIEFING
31s~ STREET AGREEMENT
3:00 P.M.
ITEM # 483 72
The City Attorney advtsed a progress statement re the 31st Street Agreement wtll be presented by Attorney
Peter Kane, Hunton and Wdhams who wtll revtew the changes tn the original agreement, the last Term
Sheet and the latest verston of the Agreement Thts ttem wtll be also dtscussed durmg the Closed Sesston
Pete Kane detaded the newest elements of the Agreement There ts an extsttng deal structure, whtch has been
documented extenstvely and the transactton ts essenttally penchng The Ctty Councd &rected the Ctty staff
to pursue the negottatton of an alternattve deal structure, based on the ctrculated term sheet Mr Kane
focused on the new elements, whtch had not been prevtously chscussed
Key elements of the existing development
Oceanfront property controlled by the Development Authortty ss gotng to
be ground leased to the developer
The developer would have control of the land descrtbed tn thts ground
lease and be obhgated to butld a hotel tn comphance wtth the Development
Agreement Negottators went to great length to develop aprocess by whtch
destgns, plans and quahty controls were tncluded tn this Development
Agreement.
Municipal obligation to provtde a parking garage for support of the hotel
development and the pubhc at large ts sttll a part of the Agreement
Key elements of the new proposal
No ground lease Purchase and sale of the Oceanfront property for $3.5-
MILLION. There wouM stdl be the Development Authortty's obhgatton
to provtde parktng under just a "parking lease" as opposed to a "ground
lease".
Collateral would give the opportumty for the Development Authortty to
purchase the Beach Quarters Inn Property These two would be parallel
purchase and sale transacttons The Developer would sttll have the
obhgatton to butld the hotel, the Development Agreement would sttll extst
and provtde the road map for destgn, planmng and quahty control
Alternative Structure
Developer wall have the optton of to purchase the Oceanfront land
instead of purchasing are ground leasing the Oceanfront land
Thts ground lease, unhke the tntttal transactton, would have a reqmrement
for the Development Authortty to subordtnate (pledge tts real estate
mterest tn the land tn support of the developer 's financtng)
A trade offofthts subordtnatton obhgatton would be the obhgatton on the
Developer's stde to post a $3.5-MILLION Letter Of Credit or other
equtvalent crtterta satisfactory to the Authortty, to protect the Authortty 's
tnterest from betng lost due to foreclosure of the Developer's mortgage
Wtth the ground lease, the developer would also have a purchase optton
whtch would allow the developer, after the project ts "up and runnmg", to
buy out the Authonty's interest tn the project for $3.5-MILLION
However, there ts also an escalator factor on thts $3.5-MILLION, so that
thts would "ratchet up", based on the CPI tncreases, should there be any
over the time the deal commences and the ttme the developer elects to
exercise thts purchase optton
July 3, 2001
-3-
CITY MANA GER 'S BRIEFING
STREET AGREEMENT
ITEM # 483 72 (Continued)
In either case, whether ground lease or sale, the Developer conttnues to have the obhgatton to construct the
hotel tn comphance wtth the Development Agreement The target date for commenctng constructton ts
September 1, 2002, and the closing of the transactton ts August 15, 2002. The Muntctpal obhgatton to
construct the parktng garage sttll extsts whether the transaction be ground lease or purchase and sale A
portton of this Parking Garage will be owned by the Ctty and the balance owned by the Development
Authortty Only the Authortty wtll be obhgated to provtde the parking spaces tn support of the hotel The
locatton of those parktng spaces wtll only be tn the portton owned by the Authortty
Re the garage, the Ctty Attorney advtsed "the northern 'half of the block would be the Muntctpal Lot and the
southern 'half of the block would be the Development Authortty's lot "Thts has been contemplated and
contatned tn the Agreement stnce tts tntttatton The Development Authority has the abthty to lease for up
to stxty-five (65)years The Ctty can only lease to forty (40) years and thetr spaces must be open and
avadable to the pubhc The land taken from the prtvate source (t e Baracuda Bob 's), was a voluntary sale
and ts the portton of the garage parking to be utthzed by the hotel
Mr Kane advtsed long term leastng ts not betng contemplated on the Muntctpal stde of the garage Thts stde
wtll be open to the pubhc There has been a shtfi from the ortgtnal deal to the current proposal as the
obhgatton to construct the restrooms and the park tmprovements have been agreed to be a muntctpal
undertaktng Regardless of whether a land sale or ground lease transactton, the Development Agreement
and all of the negottattons re road map provtstons on planntng, destgn, quahty control, constructton process
and msurance under etther scenarto will be governed by the Development Agreement, none wtll fall out of
the deal
The major change betngproposed ts to allow the Developer to have an optton that wtll allow the Developer
to etther purchase the Oceanfront land or to ground lease the land If the Developer exerctses the ground
lese optton, the Authortty wtll have the obhgatton to subordtnate tts mterest, but that subordmatton wtll be
protected by a Letter Of Credtt or comparable securtty devtce If the ground lease structure ts selected by
the Developer, he will also have a purchase optton whereby he can exerctse the rtght to buy out the
Authortty's tnterest under the agreed prtce wtth the escalator factor.
Mr Kane advtsed Counctlman Jones the securtty devtce would be a letter of credit or comparable
document sattsfactory to the Development Authortty and the Ctty
E Dean Block Dtrector of Pubhc Works, advtsed under the lease, the Developer wtllpay the Ctty $280,000
a year for sixty-five (65) years The other lease payment tted to room revenues sttll rematns Re compartson
to the prevtous lease agreement, the $280,000 does not tnclude the parktng Thts ts separate The parktng
would commence at $38,000 and escalates to a total of approxtmately $212,000; however Mr Block wtll
confirm these amounts Mr Block wtll revtew and advtse the dtfference tn funds recetved from the ortgtnal
agreement Under the prevtous lease, the ground lease and the parktng lease were together tn one amount
The lease payments on the retatl wtll be governed on the results of the RFP for that space, therefore, the
revenue wtll be drtven by the selection of the wtnntng servtce provtder There ts no change tn the mtntmum
amount that the developer must btd tn connectton wtth that RFP
Mr Kane advtsed the ortgtnal transactton, whtch has been stgned, onlyprovtdes there wtll be a ground lease
made avatlable to the Developer The park and restroom facthttes would be namtamed by the Muntctpahty
Mr Kane advtsed Counctlman Man&go, the escalator factor ts CPI urban tf the developer chooses to
purchase The payment on the lease ts for the use of the land, however, the payment on the purchase optton
ts to own the land
Mr Block advtsed the Ctty would sttll matntatn the restrooms The developer would matntatn the park for
operational maintenance The Ctty would sttll matntatn the park for capital maintenance
The Ctty Attorney referenced under the term sheet arrangement there was nothtngfor the credtt to apply,
because tt was a sale, the Developer does not wtn the btd basically, the Developer could go back to the
ortgtnal agreement or wtthdraw As there ts a ground lease the developer can opt to, those two opttons are
gone and the developer cannot return to the ortgtnal agreement nor be able to drop out of the deal tfhe does
not recetve the btd
Thts Ordtnance ts scheduled to be constdered for the Ctty Counctl Sesston of July 1 O, 2001
July 3, 2001
-4-
AGENDA RE VIEW SESSION
4:07P. M.
ITEM # 483 73
ORDINANCES/RES OL UTION
H 10rdtnance to amend ~ 21-422, 21-424 thru 21-429 of the
Ctty Code re TO WING vehtcles from private property
Optton A
Optton B
Recommended by the Towtng Advtsory Board
Recommended by the Ctty Staff
The Ctty Manager advtsed thts ttem wtll be &scussed durtng the Formal Sesston Counctl Lady McClanan
comphmented the excellent analysts by C Oral Lambert, Chtef Operattng Officer, and concurred with the
majortty of the report Mr Lambert advtsed the provtston tn the State code suggests tf £hty Council ts to
change the towtngfees, tt should seek the revtew and advtce of the Towtng Advtsory Committee Mr Lambert
suggested the Ctty Counctl mtght constder sendtng back these suggested amendments to the Commtttee It
was suggested the revtstons be adopted and referral back to the Towtng Commtsston for further revtew and
recommendatton Mr Lambert, after conferrtng wtth affected parttes, wtll advtse, by the Formal Sesston,
a suggested effecttve date for the Ordtnance
ITEM # 483 74
H2 Resolutton designating the locatton and destgn for LASKIN
ROAD PHASE I (Pubhc Heartng November 15, 2000), and,
to request Vtrgtnta Department of Transportatton (VDOT)
acqmre and convey all necessary rtghts-of-way
Counctl Lady McClanan expressed concern as the road appeared to have almost no intersections deptcted
on the map contatned tn the Agenda Mr Block advtsed there are a number of tntersecttons There wtll be
a stgnal hght at Winwood wtth an tntersectton at Linbay. The map was tntended to tllustrate the parcels
betng sought to acqutre from wtlhng sellers along and tn front of the Linlear Subdivision The Ctty has an
agreement wtth Mtdway for the purchase of property deptcted Now, that addtttonal funds have been
recetved, the Ctty ts attempttng to acqutre other properttes The map contatned wtthtn the Agenda ts not a
map of the total project John Herzke, Ctty Engtneer, advtsed Councd Lady Wdson there wtll be access to
Nevan; however, there wtll not be a left turn capabthty Counctl Lady Parker ts concerned relattve the
movement through the shopptng center, whtch ts not a legtttmate road system Mr Herzke advised Counctl
Lady Parker the Ctty ts greatly upgra&ng the capactty of the First Colontal and Lasktn Road tntersectton
wtth double lefts, and separate rtght turns If tn time, tt ts determtned there ts a need for a reassessment of
the Vtllage Drtve tntersecttons, this wtll be re-examtned Mr Block advised as the capactty of the matn roads
ts improved, the ctttzens wtll be more tnchned to utthze them and ehmtnate some of the cut through Counctl
Members Lady McClanan and Wtlson wtll vote a VERBAL NAY on thts ttem Counctl Lady Henley wtll
ABSTAIN as she has an tnterest tn the property on Lasktn Road
ITEM # 483 75
BY CONSENSUS, the followtng shall compose the CONSENT AGENDA:
H ORDINANCE~RESOLUTION
Resolutton designating the locatton and destgn for LASKIN
ROAD PHASE I (Pubhc Heartng November 15, 2000), and,
to request Vtrgtnta Department of Transportatton (VDOT)
acqutre and convey all necessary rtghts-of-way
Resolutton to endorse the City's parttctpatton tn the
Commonwealth of Vtrgtnta 's E-COMMUNITIES
INITIATIVE whtch wtll enable all Vtrgtnta communtttes to
use tnternet and communtcattons technologtes for tmprovetng
both the quahty of hfe for thetr ctttzens and the economtc
vttaltty of thetr communtttes and regtons
4 Licence Refund $119,778 44
Counctl Members McClanan and Wtlson wtll VOTE NAY on Item 2
Counctl Lady Henley wtll ABSTAIN on Item 2
Counctlman Jones wtll ABSTAIN on Item 4
July 3, 2001
-5-
AGENDA RE VIE W SESSION
ITEM # 483 76
I1
Apphcatton of NEAL REED on the east stde of Dam Neck
Road and Holland Road, contatntng 1 4 acres (DISTRICT
7- PRINCESS ANNE)
a Change of Zomng from AG - 2 Agricultural District to
Conditional B - 2 Community Business District
b Con&ttonal Use Permtt automobde servtce statton and car wash
Counctl Lady Parker advtsed thts ts the first apphcatton of tts type along General Booth Boulevard that ts
tn between Dam Neck, General Booth Boulevard and Princess Anne Road Counctl Lady Parker tnqutred
as to the Ctty's long term vtston for Dam Neck Road, whtch ts a very well functtonmg road at the present
ttme Wtth the AICUZ, there are also certam land use restrtcttons Robert Scott, Dtrector of Planning,
advtsed he wtll provtde tnformatton concernmg Dam Neck Road
Counctl Lady McClanan advtsed traffic on the Holland Road conttnuatton ts horrendous The other end of
Holland Road wtth the restdenttal ts much better Counctl Lady McClanan requested stmtlar tnformatton
relattve the rematnder of Holland Road The same pattern of prevtous years ts betng repeated locattng gas
stattons on all four corners
ITEM # 483 77
Apphcatton of BA CK BAY CHRISTIANASSEMBL Y for a
Con&ttonal Use Permtt re chtld care educatton center wtth
a church on the east side of Prmcess Anne Road, south of
Vaughan Road (1196 Princess Anne Road), contatmng 11 6
acres (DISTRICT 7 - PRINCESS ANNE)
Counctl Lady Eure referenced Item 5 of the Evaluation of Request:
5. The design load of 910 gallons per day is not to be exceeded.
Stephen Whtte, Planmng, advtsed thts was one of the five con&ttons from the Health Department Thts
design load ts the affluent to the septtc tank These are not con&ttons that wtll be attached to the Con&ttonal
Use, but the staff wtshed Ctty Councd to be aware these are attached by the Health Department for thetr
approval
ITEM # 483 78
4 Apphcatton of M & M CONTRACTORS, INC., fora
Con&ttonal Use Permtt re a sel_f-storage_facthty on the west stde
of South Lynnhaven Road, south of Lee Htghlands Boulevard,
contatnmg 5 08 acres (DISTRICT 3 - ROSE HALL)
Counctlman Man&go advtsed as the school has gone all the way down to the Creek's edge whtch runs tnto
the Lynnhaven, the Ctty Counctl needs to make sure the buffer ts mamtamed and what occurs ts ecology
benefictal to the Creek
ITEM # 483 79
6 Apphcatton of RIGANTO, L.L.C., for a Change of Zontng
Dtstrtct Classt_ficatton from R - 5D Restdenttal Duplex Dtstrtct
to Con&ttonal I - 1 Ltght Industrtal Dtstrtct located on the east
stde of South Rosemont Road, north of Dam Neck Road,
contatmng 33 acres (DISTRICT 7 - PRINCESS ANNE)
Counctl Lady Eure advtsed thts apphcatton was DEFERRED on May 8, 2001, wtth a request for revtston
of the plans and proffers Con&tton 2 of the Proffers
Requtres mandatory membershtp tn a property owners assoctatton ,
mandatory assessments, mandatory matntenance of the landscape
buffers and entrance feature, as well as an archttectural revtew and
approval process for butl&ng plans on each tn&vtdual parcel (Proffer
#2) Thts tssue was not address and tn the prevtous proffers
July 3, 2001
-6-
AGENDA RE VIE W SESSION
ITEM # 48380
BY CONSENSUS, the followtng shall compose the PLANNING BY CONSENT AGENDA:
12
Apphcatton of NEAL REED on the east stde of Dam Neck
Road and Holland Road, contatmng 1 4 acres (DISTRICT
7 - PRINCESS ANNE)
a Change of Zontng from AG - 2 Agricultural District to
Conditional B - 2 Community Business District
b Conchttonal Use Permtt automobtle servtce statton and car wash
Apphcatton of BACK BAY CHRISTIAN ASSEMBLY for a
Conchttonal Use Permtt re chtld care educatton center wtth a
church on the east stde of Prtncess Anne Road, south of Vaughan
Road (1196 Prtncess Anne Road), contatmng 116
acres (DISTRICT 7- PRINCESS ANNE)
Apphcatton of JANETL. KOTTKE for a Condtttonal Use Permtt
re a pre-school/da¥ care facdtty tn the Ttdewater United Church
of Chrtst on the east stde of West Neck Road, south of North
Lan&ng Road (2660 West Neck Road), contatmng 9 58 acres
(DISTRICT 7- PRINCESS ANNE)
Apphcatton of M & M CONTRACTORS, INC., fora
Conchttonal Use Permtt re a sel_f-storage_facthty on the west stde
of South Lynnhaven Road, south of Lee Htghlands Boulevard,
contamtng 5 08 acres (DISTRICT 3 - ROSE HALL)
Apphcatton of SOKA GAKKAI INTERNA TIONAL-USA for a
Conchttonal Use Permtt re a church at the tntersectton of
Vtrgtnta Beach Boulevard and Davts Street (5476 Vtrgtma Beach
Boulevard), containing 2 955 acres (DISTRICT 2 -
KEMPSVILLE)
Apphcatton of RIGANTO, L.L.C., for a Change of Zonmg
Dtstrtct Classtficatton from R - 5D Restdenttal Duplex Dtstrtct
to Condtttonal I - 1 Ltght Industrtal Dtstrtct located on the east
stde of South Rosemont Road, north of Dam Neck Road,
contatntng 33 acres (DISTRICT 7 - PRINCESS ANNE)
July 3, 2001
-7-
CITY COUNCIL COMMENTS
4:08 P.M.
ITEM # 48381
Councdman Branch referenced hts correspondence to the Mayor and Members of Ctty Councd relative the
Lake Wesley Encroachments and the Billy Chaplain Apptication Councdman Branch advised any
homeowner on Lake Wesley shouM be entttled to an encroachment in order to construct a boat dock It
would seem appropriate for there to be a non-negotiable pohcy regar&ng the location of these docks tn
relatton to the channel Councdman Branch suggested the Ctty Manager prepare a pohcy on the two bo&es
of water (Lake Wesley and Little Creek) and deal administratively wtth thts issue City Councd should not
be subjected to determtmng the locatton and stze of boat docks
The Ctty Manager ts prepartng a pohcy relative Lake Wesley and LtttIe Creek
Councdman Branch requested the followtng apphcatton be scheduled for the Ctty Councd Sesston of July
I0, 2001
RECONSIDERATION of the applicattons of BILL Y IV. CHAPLAIN
on the west side of Washington Avenue south of Vtrgtma Beach
Boulevard (849 and 853 Vtrgtnta Beach Boulevard) (DISTRICT 6 -
BEACH)
Change of Zoning District ClasstficattonfromA-12
Apartment Dtstrtct and RT-3 Resort Tourtst Dtstrtct to
Condtttonal B-2 Commumtv Bustness Dtstrtct, contatmng
23, 850 square feet
b Conchttonal Use Permttfor a bulk storage yard, contatmng
19, 000 square feet.
This apphcatton on June 26, 2001, LOST TO TIE VOTE
Councdman Branch advised that without approval of this applicatton, thts extsttng non-conformtng use wtll
remam until Mr Chaplatn dectdes to move tt The approval of this apphcatton wtll reqmre the removal of
thts non-conforming use tmmedtately Counctlman Branch requested the staff present suggestions durtng
the Formal Sesston relative other alternattves to remove thts unstghtly lot.
ITEM # 48382
Counctl Lady Wtlson requested the Ctty Manager and Ctty Attorney comment relative the Commtsstoner of
Revenue's campatgn issues concermng the auto decal. The City Attorney advised, under the current State
Law, the decal provtstons are estabhshed by the City Councd and, therefore, tt would be thetr prerogattve
to change or not
The City Manager advised a staff committee has been tnvolved in this tssue for the past etghteen (18) months
to develop a more user friendly system than the decal Philhp Kellam, Commtsstoner of Revenue, is
coordmattng with this commtttee Information will be provtded to City Council. Council Lady McClanan
suggested tt may be logical to place the Commtsstoner of Revenue's office under the Department of Ftnance
or combtne the Commtsstoner of Revenue and Treasurer's office All alternattves should be examined.
Patrtcta Phdhps, Director of Finance, advised the Ctty's budget for the Commissioner of Revenue ts
approximately $2.7-MILLION with retmbursements from the State, therefore, the City's portion would
entad shghtly over $2-MILLION
Counctl Lady Wilson advised thts does not address the tssue of lost revenue whtch is greater than the cost
to run the office Counctl Lady Eure advtsed the cittzens mtnd the inconvenience more than the cost of the
decals A method should be devised to ehmtnate the decal, but not the revenue. If the decal ts ehmtnated,
Mayor Oberndorf expressed concerns with enforcement The other ctttes mtght still retatn thetr decal How
much wdl be saved tn the cost of maihngs The City Manager advtsed the total cost involved tn the mailings
relattve decals and personal property is approximately $300,000 Councdman Man&go advised the
Governor has estabhshed a Commtsston to examine the tax structure and tf thts Commtsston recommends
ehmtnatton of Personal Property Taxes, this would certatnly lend weight to doing away with City decals
Councilman Branch advised other tssues should be examtned as well. Ctttzens have advised him the BPOL
tax, based on gross recetpts and not profits, is also of great concern to them
July 3, 2001
-8-
ITEM # 48383
Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldmg, on Tuesday, July 3, 2001, at 4 15 P M
Counctl Members Present
Margaret L Eure, }Ydham I~ Harrtson, Jr, Barbara M Henley,
Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker, Vice Mayor }Vtlham D
Sessoms, Jr and Rosemary Vgtlson
Counctl Members Absent
Ltnwood 0 Branch, III
July 3, 2001
-9-
ITEM # 48384
Mayor Oberndorf entertatned a motton to permtt Ctty Councd to conduct tts CLOSED SESSION, pursuant
to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followtng purpose
PERSONNEL MA TTERS Dtscusston, constderatton or tntervtews of
prospecttve can&dates for employment, asstgnment, appotntment,
promotton, performance, demotton, salartes, dtsctphmng, or
restgnatton of spectfic pubhc officers, appotntees, or employees
pursuant to Sectton 2 1-344 (A) (1)
To Wtt
Boards and Commtsstons
Commumty Servtces Board
Parks and Recreatton Commtsston
Soctal Servtces Board
PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the
acqutsttton of real propertyfor a pubhc purpose, or of the dtsposttton
of pubhcly-held real property, where dtscusston tn an open meetmg
would adversely affect the bargatntngposttton or negottattng strategy
of the pubhc body pursuant to Sectton 2 1-344(A)(3)
A cqutsttton/Dtsposttton of Property
Yoder/Batnes Property
Beasley Property
Laskm Road Rtght-of- Way
3]st Street ProJect and Beach Quarters Inn
LEGAL MA TTERS Consultatton wtth legal counsel or brtefings by
staff members, consultants, or attorneys pertatntng to actual or
probable httgatton, or other specific legal matters requesttng the
provtston of legal advtce by counsel pursuant to Section 2 1-344(A)(7)
To-Wtt
3?' Street ProJect and Beach Quarters Inn
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Harrtson, Ctty Councd voted to proceed
tnto CLOSED SESSION.
I,'ottng 10-0
Councd Members I,'ottng Aye
Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley,
Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D
Sessoms, Jr and Rosemary Wdson
Councd Members Vottng Nay
None
Counctl Members Absent
Ltnwood 0 Branch, III
(Time of Closed Session: 4:15 P.M. to 6:00 P.M.)
July 3, 2001
-lO-
FORMAL SESSION
VIRGINIA BEA CH CITY CO UNCIL
July 3, zool
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 Butldtng, on Tuesday, July 3, 2001, at 6 O0 P M
Counctl Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker,
Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Absent
None
INVOCATION
Reverend Charles N Wrest
Herttage Untted Methodtst Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vtce Mayor Sessoms, betng a Corporate Officer of Wachovta Bank, DISCLOSED there were no matters
on the agenda tn whtch he has a "personal tnterest", as defined tn the Act, etther tndtvtdually or tn hts
capactty as an officer of Wachovta Bank The Vtce Mayor regularly makes thts Dtsclosure as he may not
know of the Bank's tnterest tn any apphcatton that may come before Ctty Counctl Vtce Mayor Sessoms' letter
January 2, 2001, ts hereby made a part of the record
July 3, 2001
Item V-E
-11-
CER TIFICA TION OF
CLOSED SESSION
ITEM # 48385
Upon motton by Counctlman Jones, seconded by Vtce Mayor Sessoms, Ctty Councd CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc bustness matters lawfully exempted from Open Meettng
requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch
thts certtficatton resolution apphes,
AND,
Only such pubhc bustness matters as were tdenttfied tn the motton
convemng the Closed Sesston were heard, dtscussed or constdered by
Vtrgtnta Beach Ctty Councd
Vottng 10-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf, Vtce Mayor Wdham D
Sessoms, Jr and Rosemary Wtlson
Councd Members Vottng Nay
None
Counctl Members Absent
Nancy K Parker
July 3, 2001
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 48384, page 9, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virgima law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
~h Hodges ~'mitl~, MMC
City Clerk
July 3,2001
- 12-
Item V-F. 1.
MINUTES
ITEM ii 48386
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Man&go, Ctty Counctl APPROVED the
Mmutes of the INFORMAL AND FORMAL SESSIONS of June 26, 2001.
Vottng 9-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E
Oberndorf Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wilson
Counctl Members Vottng Nay
None
Counctl Members Abstatmng
Wtlham W Harrtson, Jr
Counctl Members Absent
Nancy K Parker
Counctlman Harrtson ABSTAINED as he was not tn attendance durtng the Ctty Counctl Sesston of June
26, 2001
July 3, 2001
- 13-
Item V-G.I.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 4838 7
BY CONSENSUS, Ctty Councd ADOPTED:
AGENDA FOR THE FORMAL SESSION
~ty s, 2oo~
Item V-H.
ORDINANCE/RES OL UTION
- 14-
ITEM #48388
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Council APPROVED IN
ONE MOTION, Ordtnance/Resolutton 2, 3, an d 4 of the CONSENT AGENDA.
Voting 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Counctl Members McClanan and Wtlson voted a VERBAL NAY on Item 2 (Laskin Road, Phase I)
Counctl Lady Henley ABSTAINED on Item 2 (Laskin Road, Phase I), as she has an tnterest tn a property,
whtch ts effected by the project
Counctlman Jones ABSTAINED on Item 4 (Ltcense Refunds), as Ttdewater Cemetery Corporation ts
recetvtng a refund of $119 59
July 3, 2oo
- 15-
Item V-H. 1.
ORDINANCE/RESOL UTION
ITEM 1148389
Attorney Davtd Hay, 228 North Lynnhaven Road, Sutte 101, Phone 486-0000, representtng Ernest Cooper
-Artstocrat Towtng, and Wtlham Htggtns - Jack's Towtng, spoke tn OPPOSITION to Optton B
Carolyn Ltncoln, 2696 Rehance Drtve, Sutte 100, Member- Towtng Advtsory Board, dtd not regtster
tn SUPPORT or OPPOSITION
Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Eure, City Councd ADOPTED
Ordtnance to amend 3~ 21-422, 21-424 thru 21-429 of the Ctty Code re
TO WING vehtcles from private property
Optton B Recommended by the Ctty Staff
Thts Ordtnance shall be EFFECTIVE July 25, 2001. The Ordtnance shall be referred back to the Towtng
Advtsory Board for thetr review and recommendation to be returned to Ctty Counctl by October 1, 2001
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, IIL Margaret L Eure, Wtlham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, .Ir and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
July 3, 2OOl
LESLIE L LILLEY
CITY A'I'rORNEY
July 10, 2001
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH VA 23456-9004
(757) 427-4531
FAX (757) 426-5687
TDD (757) 427-4305
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, VA 23456
Re: Towing Ordinance Correction
Dear Mayor Obemdorf and Members of Council:
As you know, the City Council adopted amendments to the City's towing ordinance at last
week's meeting. Inadvertently, however, certain language was omitted from the ordinance placed
before you. That language, which appears in shading on Page 9 of the attached "Corrected
Ordinance," was not the subject of any of the amendments, and therefore technically remains a part
of the City Code. .
To avoid any possibility of confusion, however, we recommend that Council adopt a motion
to amend the minutes of the July 3rd meeting to reflect the fact that the attached ordinance is the
corrected version approved by Council.
LLL/KDR:sat
Enclosures
Very truly yours,
Leslie L. L~i~y~~
City Attomey
Proud Recipient of the 1998 U.S. Senate Medallion of Excellence for Productivity and ~Ouality tn the Public Sector.
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
35
36
37
38
39
40
,41
CORRECTED ORDINANCE
AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
TO THE TOWING OF VEHICLES FROM PRIVATE
PROPERTY
SECTIONS AMENDED: 21-422, 21-424, 21-425, 21-
426, 21-427 AND 21-428
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 21-422, 21-424, 21-425, 21-426, 21-427, 21-428,
and 21-429 of the City Code are hereby amended and reordained to
read as follows:
Sec. 21-422. Signs required on property.
(a) Each owner of private property having parking facilities
accessible to the public, and offering parking to its customers,
clientele, residents, lessees or guests, who intends to enforce
parking restrictions by the use of a tow truck service, shall post,
at each point of ingress and egress to the parking area, clearly
legible signs, visible and unobstructed day and night upon entering
the parking area, that contain~gs the following wording and sets
forth the hours of enforcement:
PRIVATE PARKING
.... : .... apaz-tment,
(,,=,,,= of bus~,,=o~,
condominium, motel, hotel,
v~=~= ~~ing, or organization,
whichevez :-
~ applicable)
NAME OF BUSINESS
RESIDENTS~CUSTOMERS~CLIENTELE~
LESSEES~GUESTS ONLY
TOWING ENFORCED
HOURS OF ENFORCEMENT
Unauthorized cars towed at owner's expense: $ day or
night. Cash only. Call 427-SGIG (telephone n.u. mber of tow truck
service) for location and information concerning return of car
if towed.
With respect to retail establishments, this sign shall also contain
the wording "WHILE ON THE PREMISES" fol lowing the wording
"CUSTOMERS ONLY." Finally, this sign or an accompanying sign shall
indicate whether the parking area is decal-controlled and shall
contain the name and telephone number of any contracted towing
service.
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
(b) The signs required by this section shall be at least
thirty-six (36) inches in width and thirty (30) inches in height.
Lettering for the top eight '^'
TM '
~o, ~-,~== caDitalized words_ shall be at
least three (3) inches in height and, for all other lines, at least
one and one-half (1 ~) inches in height. The face of the sign
shall be composed of~,,~' -~ ~=,~=~-' ...... : tN an enqineeri.nq. . grade
reflectorized sheeting or like material. The name of the business
may be on a separate sign, but must be adjacent to the primary sign
containing the information required by this section. The provisions
of subsection (a) above shall be applicable to any parking area
located on private property including parking areas of apartment
houses, condominiums and nonprofit organizations.
(c) In addition to the provisions of subsections (a) and (b)
above, if towing is enforced twenty-four (24) hours a day, the sign
or signs required by this section shall include the wording "TOWING
ENFORCED TWENTY-FOUR (OR 24) HOURS A DAY" in letters at least
~ three (3) inches in height. In the alternative, an accompanying
s n containing this wording in letters
i-n of the same height may be placed adjacent to each sign required
by subsection (a) above.
(d) Vehicles may be towed from designated fire lanes approved
by the fire department on private parking areas open to the public
on which are posted signs as required by subsection (a) above,
provided that such fire lanes are properly marked, including the
posting of above grade signs stating FIRE LANE-TOWING ENFORCED.
(e) It shall be unlawful for any tow truck service or
operator to tow or otherwise move a vehicle from any privately
owned land or property within the city, unless such land or
property is properly signed in accordance with this section.
Sec. 21-424. Release of vehicle to owner or custodian prior to
towing.
(a) If the owner or custodian of any vehicle not authorized
to be parked in a private parking area returns after a tow truck
service has arrived but before the vehicle has been towed from the
76
77
78
79
80
81
82
83
84
85
86
87
88
89
9O
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
private parking area, he may reclaim the vehicle whether or not it
is fully hooked up to the tow truck, and it shall be unlawful for
the tow truck service or operator to refuse to release the vehicle.
However, if the vehicle has been hooked up, or is in the process of
being hooked up, the tow truck operator may charge a ~ fee not
to exceed f~een ~u~a~o ($15.00) twenty dollars ($20.00)before
releasing the vehicle or discontinuing the towing process. The
process of hooking up shall be defined as (i) the removal and/or
unreeling of any towing equipment from the tow truck after the
truck is positioned to effect the tow, whether or not the equipment
has been attached to the vehicle, or (ii) the lowering of a
hydraulically-operated lift in preparation for loading the vehicle.
(b) If the owner or custodian is unable or refuses to pay the
fee set forth in subsection (a) above, the vehicle may be towed and
the tow truck service may charge its basic fee for the tow.
Whenever a vehicle is towed under these circumstances, the tow
truck operator shall permit the owner or custodian to remove
personal items from the vehicle prior to the tow.
(c) No tow truck operator shall request payment of the fee
set forth in subsection (a) above or tow any vehicle thereafter if
the charge is not paid unless he shall first provide to the owner
or custodian of the vehicle a copy of this section. The tow truck
operator, upon receiving such payment, shall provide to the owner
or custodian a legible receipt containing the name of the towing
service, the date, time and place of vehicle release, and the name
of the tow truck operator. A copy of the receipt shall be retained
by the tow truck service for a period of one (1) year and shall be
made available for inspection by city police or the commissioner of
the revenue during the normal business hours of the tow truck
service.
(d) Notwithstanding any provision of this section to the
contrary, if a police officer determines that a vehicle is needed
as evidence in a criminal matter, or concludes that, based upon
surrounding circumstances, the failure to release a vehicle is
110
111
112
113
114
115
116
117
llB
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
likely to result in a disturbance of the public peace and good
order, such officer may order release of the vehicle without
immediate payment by the owner or custodian thereof of the fee set
forth in subsection (a) above; provided, however, that nothing
herein shall preclude a tow truck service or operator from civilly
pursuing payment of such fee at a later date from the owner or
custodian of the vehicle, or from the owner, lessee or agent of the
parking area.
Sec. 21-425. Police to be notified of removal of vehicle.
(a) At the time of removal of any vehicle by a tow truck
service operator, or no later than thirty (30) minutes thereafter,
the police dispatcher shall be notified of such removal, specifying
the location of the storage yard to which the vehicle will be towed
and the telephone number which the owner should call to reclaim the
vehicle· The police dispatcher shall be given the license number
and state of issuance of the license and, if known, the vehicle
identification number and the make, model, and ~ year of the
vehicle towed or to be towed.
(b) If notified by the dispatcher or any law enforcement
officer that the vehicle is subject to seizure by law enforcement
authorities for evidentiary purposes, the tow truck operator or
towing service shall forthwith relinquish the vehicle to such
authorities and shall not be entitled to recover any costs or fees.
Sec. 21-426. Charges for towing and storage of vehicle; receipt
required.
(a) No tow truck service or operator operating within the
city shall, at any time, charge a basic towing fee greater than the
fees set forth below; u~ ,,,u~.= ~.,,,-,, sixty dvllars ($GO.v~O) at any
...... lly ' --~l~zed,' ' =-
='~,,,=, .......... ua3 ~ ns~,,~,-== whether ~ ,,v~ a do ~s ut ~ tow any
ght ---
· : of II ~ ..... ~ .... ' ....... ~=h~cle=
vehicle --:th a gross we~
":th a gross we~gA.u v.~- more ~ha,, II,~0
~,~,u,,uo, a tow
ur operator may ~,,=~9= w~=-~"~ ~,,.,,=~I rates ,,ut to exce=d
two hundred and fifty dolla~s
143 _Gross we.ig,ht of vehicle Maximum fee
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
1.1,000 pouDds or less
1.1.,001 pQuDds or ,more
$70.00 (effective J.uly 25, 2001)
$285.00.(eff.ec.tive J.ulv.25, 20Q1)
The basic fee shall be inclusive of any additional towing services
such as the use of a dolly.
This subsection shall apply only when a vehicle is moved or towed
without the prior consent and agreement of the owner or custodian
of the vehicle.
(b) No tow truck service or operator shall assess any charges
for storage for the initial twenty-four (24) hours, nor charge more
than ~=. ~u~=~o $i0 00) twelve dollars ($12.00} per
twenty-four-hour period thereafter, for any vehicle with a gross
weight of 11,000 pounds or less removed from private property
without the consent of the owner or custodian of the vehicle,
whether such tow originates in this city or any other jurisdiction.
For vehicles with a gross weight of more than 11,000 pounds, a
storage fee not to exceed fi=~==,, d~l"~=.-o ~viS. vv) eiqhteen_. _ dollars
($18.00) per twenty-four-hour period may be assessed after the
first twenty- four (24) hours. Delays caused by storage yard
personnel shall not be included when computing storage charges.
(c) If any vehicle is not redeemed within seventy-two (72)
hou~-s seven (7.) days after it is towed, the tow truck service shall
be entitled to recover an additional fee, not to exceed thlz-ty-flve
dollai-s ($35.00) forty dollars ($40.00), as payment for the cost of
uu,duuuln~ = any. search ~ conducted to determine the registered
owner and lien holder, if any, of the vehicle.
(d) No tow truck service or operator shall charge any fee for
mileage, or any other fee in addition to the basic towing fee set
. _1_ ---- ~--h .... 1_ 2 _'1 _ _~ _
forth in subsection a) above, '~,.=.. ~-= v=,~= ~o beln~ taken
--2 ~- ----~- ~_ ..~_' .... ~' 1--_
(e) A monetary receipt for each and every fee collected must
be given to those persons whose vehicles have been towed by a tow
truck service, or released after hook up, upon release of the
vehicle. The information on the receipt must be clearly legible and
177
178
179
180
181
182
include the time, date and place of the tow, the name of the tow
truck operator who made the tow, and the name of the tow truck
service for which said operator works. The receipt must also list
the amount of money paid for the release of the vehicle, any
additional charges incurred in the tow, and the reason for said
additional charges. A copy of the receipt must be retained by the
183 ' tow truck service for a period of one (1) year and shall be made
184
185
186
available for inspection by city police or the commissioner of the
revenue during normal business hours of the tow truck service
owner.
187 Sec. 21-427. Requirements for storage yard.
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
(a) At the storage yard of each tow truck service, there
shall be a sign prominently displayed specifying tow and storage
rates.
(b) If an attendant is not on duty twenty-four (24) hours a
day, seven (7) days ~,, u=~= a week, to return vehicles upon the
payment of towing and storage charges, the sign provided for in
subsection (a) hereof shall also contain a telephone number where
the owner, manager or attendant of the tow truck service storage
yard may be reached at any time so that a towed vehicle may be
reclaimed by its owner in a minimum amount of time, not to exceed
two (2) hours.
(c) Each tow truck service storage yard shall provide
reasonable security and protection for all vehicles towed, whether
such tow originates in this city or any other jurisdiction,
including illumination of the storage area during hours of
darkness, and including a fence enclosing the storage yard if an
attendant or security guard is not on duty twenty-four (24) hours
a day, seven (7) days a week.
(d) During the hours of darkness, the operator shall provide
an area sufficiently illuminated to enable an owner to inspect a
vehicle prior to removing it from the storage yard.
(e) It shall be unlawful to operate any tow truck service
storage yard or to deposit, impound or store any towed vehicle
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
therein, unless said yard is in full compliance with the sign,
security and lighting requirements of this section and with all
applicable zoning regulations, licensing requirements and use
permits, established by this Code.
Sec. 21-428. Tow truck service operator's log.
Tow trucks service operators shall keep a log of all vehicles
towed, including, within thirty (50) minutes of vehicle hook up,
complete ~ record of the make, model, year and vehicle
identification number, if known, of the vehicle, its license number
and state of issuance, the time, date and place of removal, the
name of the tow truck operator who made the tow and, for each entry
of tow, the signature of the owner of the private lot, or his
representative, requesting and authorizing the tow shall be
required. A letter of authorization from the owner of the private
lot or his representative, when carried in the tow truck making the
tow, shall be sufficient to meet this latter requirement. Such {~g
record shall be retained by the tow truck service for not less than
one year, and shall be available for inspection by city police
during normal business hours of the tow truck service owner,
including any time that a vehicle is being impounded or reclaimed.
Failure to keep and retain such a ~ r~cord, or omitting to make
a true and complete entry for each vehicle towed, or failure to
surrender such ~3 record to any police officer upon request shall
be unlawful.
Sec. 21-429.
Miscellaneous prohibited acts by tow truck service
or operator.
Except when acting as an agent in the legal repossession of a
vehicle, it shall be unlawful for any tow truck service or operator
to:
(1) Tow or otherwise move a vehicle from any area or portion
of a public street without either the consent of the
owner or custodian of the vehicle or authorization from
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
a police officer or other designated official of the
city.
(2) Block the movement of or tow or otherwise move a vehicle
from any private road, driveway or any other privately
owned land or property within the city without the
consent of the owner or custodian thereof, unless:
(i) The vehicle is parked in a designated parking space
of a decal-controlled parking area and is not
displaying a decal or other form of authorization
issued by the owner, lessee or agent of such
parking area;
(ii) The vehicle is parked in a designated parking space
of a non-decal-controlled parking area during any
period when the business(es) serviced by the
parking is (are) open, and the tow truck operator
obtains the written consent of the owner, lessee or
agent of such parking area prior to towing the
vehicle; or
(iii) The vehicle is parked in a non-decal-controlled
parking area during any period when the
business(es) serviced by the parking area is (are)
closed, and towing is enforced twenty four (24)
hours a day by such business(es); or
(iv) The vehicle is parked on any portion of a parking
area in such manner as to block ingress or egress
to the parking area, or to block access to a
dumpster or properly marked service or delivery
area, or is otherwise parked in a portion of the
parking area that is not specifically designated,
by lines, curbs or similar markings, as an area for
the parking of vehicles.
No vehicle shall be towed pursuant to subsections
(i) (ii), (iii), or (iv) unless there is a written
8
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
3O8
309
contract between the tow truck service and the
owner, lessee or agent of the parking area to
remove all unauthorized vehicles from the parking
area, the tow truck operator has a copy of such
contract in his or her possession, and the owner,
lessee or agent has complied with all of the
signage requirements set forth in section 21-422.
~ T~.. ~~~.~ f~!~~~Hi,~'l'.~i],~f~rb~!~l%y~!'pr, ivate road~ o~
,
(4) Block any vehicle, other than when on the property of the
tow truck service, to prevent the movement thereof by its
owner or custodian who has appeared prior to the vehicle
being hooked up and desires to move the vehicle.
(5) Wait for emplo~ent by standing or parking on public
property.
(6) Drive a tow truck or wrecker along any street to solicit
towing.
(7) Tow or otherwise move a vehicle from any place in the
city utilizing a wrecker or tow truck which is not
insured as required by section 18-55.1 of this Code.
(8) Provide false information to any police dispatcher
concerning any vehicle towed.
(9) Require the owner of any towed vehicle to wait for a
period exceeding two (2) hours for release of a vehicle.
Any delay over two (2) hours caused by failure to monitor
or respond to calls placed to the operator's designated
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
telephone number shall constitute a violation of this
section.
(10) Move any vehicle to any intermediate place of storage, or
to any location other than to the registered secure
storage yard of a tow truck service, unless specifically
requested by the owner or custodian of said vehicle.
(11) Upon request by any owner or custodian of a currently
licensed vehicle, deny or prevent access to said vehicle
for the purpose of removing personal items, whether or
not the owner or custodian is then able to reclaim the
vehicle.
(12) Assess any charge or fee in excess of, or in addition to,
the charges and fees authorized by this division.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 3rd day of July, 2001.
This ordinance shall become effective on July 25, 2001.
CA-7980
DATA/ODIN/PROPOSED/21-422etseqordrev. wpd
R2
PREPARED: June 28, 2001
10
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
35
36
37
38
AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
TO THE TOWING OF VEHICLES FROM PRIVATE
PROPERTY
SECTIONS AMENDED' 21-422, 21-424, 21-425, 21-
426, 21-427, 21-428, AND 21-429
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA'
That Sections 21-422, 21-424, 21-425, 21-426, 21-427, 21-428,
and 21-429 of the City Code are hereby amended and reordained to
read as follows'
Sec. 21-422. Signs required on property.
(a) Each owner of private property having parking facilities
accessible to the public, and offering parking to its customers,
clientele, residents, lessees or guests, who intends to enforce
parking restrictions by the use of a tow truck service, shall post,
at each point of ingress and egress to the parking area, clearly
legible signs, visible and unobstructed day and night upon entering
the parking area, that contain~n~ the following wording and sets
forth the hours of enforcement-
PRIVATE PARKING
(name of business, apartment,
, ,
condominium, motel,
u~z~= ~u~~,~, or organization,
' '
whichever zs
NAME OF BUSINESS
RES IDENTS / CUS TOMER S~ CLIENTELE/
LESSEES/GUESTS ONLY
TOWING ENFORCED
~,~uzcate hours of enforcement)
HOURS OF ENFORCEMENT
Unauthorized cars towed at owner's expense- $ day or
night. Cas~h only. Call 427-5616 (telephone number of tow truck
service) for location and information concerning reEurn of car
if towed.
With respect to retail establishments, this sign shall also contain
the wording "WHILE ON THE PREMISES" following the wording
"CUSTOMERS ONLY." Finally, this sign or an accompanying sign shall
indicate whether the parking area is decal-controlled and shall
39
4O
41
42
43
44
45
46
47
48
49
5O
51
52
53
54
55
56
57
58
59
6O
61
62
63
64
65
66
67
68
69
contain the name and telephone number of any contracted towing
service.
(b) The signs required by this section shall be at least
thirty-six (36) inches in width and thirty (30) inches in height.
Lettering for the top e~,~ ~oj lznes capitalized words shall be at
least three (3) inches in height and, for all other lmnes, at least
one and one-half (1 ~) inches in height. The face of the sign
shall be composed of high intensity an enqineerinq grade
reflectorized sheeting or like material. The name of the buszness
may be on a separate sign, but must be adjacent to the prmmary szgn
containing the information required by this section. The provisions
of subsection (a) above shall be applicable to any parkzng area
located on private property including parking areas of apartment
houses, condominiums and nonprofit organizations.
(c) In addition to the provisions of subsections (a) and (b)
above, if towing is enforced twenty-four (24) hours a day, the sign
or signs required by this section shall include the wording "TOWING
ENFORCED TWENTY-FOUR (OR 24) HOURS A DAY" in letters at least ~
~c4-~ three (3) inches in height. In the alternative, an accompanying
sign containing this wording in letters at least three (3) inches
~ of the same height may be placed adjacent to each sign required
by subsection (a) above.
(d) Vehicles may be towed from designated fire lanes approved
by the fire department on private parking areas open to the public
on which are posted signs as required by subsection (a) above,
provided that such fire lanes are properly marked, including the
posting of above grade signs stating FIRE LANE-TOWING ENFORCED.
(e) It shall be unlawful for any tow truck service or
operator to tow or otherwise move a vehicle from any privately
owned land or property within the czty, unless such land or
property is properly signed in accordance with this section.
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
Sec. 21-424. Release of vehicle to owner or custodian prior to
towing.
(a) If the owner or custodian of any vehicle not authorized
to be parked in a private parking area returns after a tow truck
service has arrived but before the vehicle has been towed from the
private parking area, he may reclaim the vehicle whether or not it
is fully hooked up to the tow truck, and it shall be unlawful for
the tow truck service or operator to refuse to release the vehicle.
However, if the vehicle has been hooked up, or is in the process of
being hooked up, the tow truck operator may charge a drop fee not
to exceed fifteen dollars ($15.00) twenty dollars ($20.00)before
releasing the vehicle or discontinuing the towing process. The
process of hooking up shall be defined as (i) the removal and/or
unreeling of any towing equipment from the tow truck after the
truck is positioned to effect the tow, whether or not the equipment
has been attached to the vehicle, or (ii) the lowering of a
hydraulically-operated lift in preparation for loading the vehicle.
(b) If the owner or custodian is unable or refuses to pay the
fee set forth in subsection (a) above, the vehicle may be towed and
the tow truck service may charge its basic fee for the tow.
Whenever a vehicle is towed under these circumstances, the tow
truck operator shall permit the owner or custodian to remove
personal items from the vehicle prior to the tow.
(c) No tow truck operator shall request payment of the fee
set forth in subsection (a) above or tow any vehicle thereafter if
the charge is not paid unless he shall first provide to the owner
or custodian of the vehicle a copy of this section. The tow truck
operator, upon receiving such payment, shall provide to the owner
or custodian a legible receipt containing the name of the towing
service, the date, time and place of vehicle release, and the name
of the tow truck operator. A copy of the receipt shall be retained
by the tow truck service for a period of one (1) year and shall be
made available for inspection by city police or the commissioner of
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
the revenue during the normal business hours of the tow truck
service.
(d) Notwithstanding any provision of this section to the
contrary, if a police officer determines that a vehicle is needed
as evidence in a criminal matter, or concludes that, based upon
surrounding circumstances, the failure to release a vehicle is
likely to result in a disturbance of the public peace and good
order, such officer may order release of the vehicle without
immediate payment by the owner or custodian thereof of the fee set
forth in subsection (a) above; provided, however, that nothing
herein shall preclude a tow truck service or operator from civilly
pursuing payment of such fee at a later date from the owner or
custodian of the vehicle, or from the owner, lessee or agent of the
parking area.
Sec. 21-425. Police to be notified of removal of vehicle.
(a) At the time of removal of any vehicle by a tow truck
service operator, or no later than thirty (30) minutes thereafter,
the police dispatcher shall be notified of such removal, specifying
the location of the storage yard to which the vehicle will be towed
and the telephone number which the owner should call to reclaim the
vehicle. The police dispatcher shall be given the license number
and state of issuance of the license and, if known, the vehicle
identification number and the make, model, and model year of the
vehicle towed or to be towed.
(b) If notified by the dispatcher or any law enforcement
officer that the vehicle is subject to seizure by law enforcement
authorities for evidentiary purposes, the tow truck operator or
towing service shall forthwith relinquish the vehicle to such
authorities and shall not be entitled to recover any costs or fees.
Sec. 21-426. Charges for towing and storage of vehicle; receipt
required.
(a) No tow truck service or operator operating within the
city shall, at any time, charge a basic towing fee greater than the
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
·
fees set forth below
uu.,~O) at any
_l_-m '-i ._ ' _ ' '
~--- = ....... ~--~ whether or not a ~y ~ utzlzzed, to tow any
vehicle with a gross weight of ll,O0O pounds or less. For vehicles
with a gross weight or more than II,000 pounds, a tow truck service
or operator may~=~=-= ........ pr=vailing co~,ercial rates not to exceed
two = .... -~--- ~ -- -~ =~ ==--
Gross weight of vehicle
11,000 pounds or less
11,001 pounds or more
Maximum fee
$70.00 (effective July 25, 2001)
$285.00 (effective July 25, 2001)
The basic fee shall be inclusive of any additional towing services
such as the use of a dolly.
This subsection shall apply only when a vehicle is moved or towed
without the prior consent and agreement of the owner or custodian
of the vehicle.
(b) No tow truck service or operator shall assess any charges
for storage for the initial twenty-four (24) hours, nor charge more
than ten dollars ($i0.00) twelve dollars ($12.00) per
twenty-four-hour period thereafter, for any vehicle with a gross
weight of 11,000 pounds or less removed from private property
without the consent of the owner or custodian of the vehicle,
whether such tow originates in this city or any other jurisdiction.
For vehicles with a gross weight of more than 11,000 pounds, a
storage fee not to exceed fifteen dollars {$15.00) eighteen dollars
($18.00) per twenty-four-hour period may be assessed after the
first twenty-four (24) hours. Delays caused by storage yard
personnel shall not be included when computing storage charges.
(c) If any vehicle is not redeemed within seventy-two (72)
h~rcm-s seven (7) days after it is towed, the tow truck service shall
be entitled to recover an additional fee, not to exceed thirty-five
dollars {$35.00) forty dollars ($40.00}, as payment for the cost of
conducting a any search f-crt conducted to determine the registered
owner and lien holder, if any, of the vehicle.
(d) No tow truck service or operator shall charge any fee for
mileage, or any other fee in addition to the basic towmng fee set
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
forth in subsection (a) above, when the vehicle is being taken
w~,~uu~ ~,= ~u~o=~ of the owner or custodian of ~= vehzclc.
(e) A monetary receipt for each and every fee collected must
be given to those persons whose vehicles have been towed by a tow
truck service, or released after hook up, upon release of the
vehicle. The information on the receipt must be clearly legible and
include the time, date and place of the tow, the name of the tow
truck operator who made the tow, and the name of the tow truck
service for which said operator works. The receipt must also list
the amount of money paid for the release of the vehicle, any
additional charges incurred in the tow, and the reason for said
additional charges. A copy of the receipt must be retained by the
tow truck service for a period of one (1) year and shall be made
available for inspection by city police or the commissioner of the
revenue during normal business hours of the tow truck service
owner.
Sec. 21-427. Requirements for storage yard.
(a) At the storage yard of each tow truck service, there
shall be a sign prominently displayed specifying tow and storage
rates.
(b) If an attendant is not on duty twenty-four (24) hours a
day, seven (7) days ~ a week, to return vehicles upon the
payment of towing and storage charges, the sign provided for in
subsection (a) hereof shall also contain a telephone number where
the owner, manager or attendant of the tow truck service storage
yard may be reached at any time so that a towed vehicle may be
reclaimed by its owner in a minimum amount of time, not to exceed
two (2) hours.
(c) Each tow truck service storage yard shall provide
reasonable security and protection for all vehicles towed, whether
such tow originates in this city or any other jurisdiction,
including illumination of the storage area during hours of
darkness, and including a fence enclosing the storage yard if an
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
attendant or security guard is not on duty twenty-four (24) hours
a day, seven (7) days a week.
(d) During the hours of darkness, the operator shall provide
an area sufficiently illuminated to enable an owner to inspect a
vehicle prior to removing it from the storage yard.
(e) It shall be unlawful to operate any tow truck service
storage yard or to deposit, impound or store any towed vehicle
therein, unless said yard is in full compliance with the sign,
security and lighting requirements of this section and with all
applicable zoning regulations, licensing requirements and use
permits, established by this Code.
Sec. 21-428. Tow truck service operator's log.
Tow trucks service operators shall keep a log of all vehicles
towed, including, within thirty (30) minutes of vehicle hook up,
complete a record of the make, model, year and vehicle
identification number, if known, of the vehicle, its license number
and state of issuance, the time, date and place of removal, the
name of the tow truck operator who made the tow and, for each entry
of tow, the signature of the owner of the private lot, or
representative, requesting and authorizing the tow shall be
required. A letter of authorization from the owner of the private
lot or his representative, when carried in the tow truck making the
tow, shall be sufficient to meet this latter requirement. Such ~-c~
record shall be retained by the tow truck service for not: less than
one year, and shall be available for inspection by city polmce
during normal business hours of the tow truck service owner,
including any time that a vehicle is being impounded or reclaimed.
Failure to keep and retain such a ~ record, or omitting to make
a true and complete entry for each vehicle towed, or failure to
surrender such ~-~g record to any police officer upon request shall
be unlawful.
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
Sec. 21-429. Miscellaneous prohibited acts by tow truck service
or operator.
Except when acting as an agent in the legal repossession of a
vehicle, it shall be unlawful for any tow truck service or operator
to:
(1) Tow or otherwise move a vehicle from any area or portion
of a public street without either the consent of the
owner or custodian of the vehicle or authorization from
a police officer or other designated official of the
city.
(2) Block the movement of or tow or otherwise move a vehicle
from any private road, driveway or any other privately
owned land or property within the city without the
consent of the owner or custodian thereof, unless:
(i) The vehicle is parked in a designated parking space
of a decal-controlled parking area and is not
displaying a decal or other form of authorization
issued by the owner, lessee or agent of such
parking area;
(ii) The vehicle is parked in a designated parking space
of a non-decal-controlled parking area during any
period when the business(es) serviced by the
parking is (are) open, and the tow truck operator
obtains the written consent of the owner, lessee or
agent of such parking area prior to towing the
vehicle; or
(iii) The vehicle is parked in a non-decal-controlled
parking area during any period when the
business(es) serviced by the parking area is (are)
closed, and towing is enforced twenty four (24)
hours a day by such business(es); or
(iv) The vehicle is parked on any portion of a parking
area in such manner as to block ingress or egress
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
to the parking area, or to block access to a
dumpster or properly marked service or delivery
area, or is otherwise parked in a portion of the
parking area that is not specifically designated,
by lines, curbs or similar markings, as an area for
the parking of vehicles.
No vehicle shall be towed pursuant to subsections
(i) (ii), (iii), or (iv) unless there is a written
contract between the tow truck service and the
owner, lessee or agent of the parking area to
remove all unauthorized vehicles from the parking
area, the tow truck operator has a copy of such
contract in his or her possession, and the owner,
lessee or agent has complied with all of the
signage requirements set forth in section 21-422.
(4) Block any vehicle, other than when on the property of the
tow truck service, to prevent the movement thereof by its
owner or custodian who has appeared prior to the vehicle
being hooked up and desires to move the vehicle.
(5) Wait for employment by standing or parking on public
property.
(6) Drive a tow truck or wrecker along any street to solicit
towing.
(7) Tow or otherwise move a vehicle from any place in the
city utilizing a wrecker or tow truck which is not
insured as required by section 18-55.1 of this Code.
(8) Provide false information to any police dispatcher
concerning any vehicle towed.
(9) Require the owner of any towed vehicle to wait for a
period exceeding two (2) hours for release of a vehicle.
Any delay over two (2) hours caused by failure to monitor
or respond to calls placed to the operator's designated
telephone number shall constitute a violation of this
section.
301
302
303
304
305
306
307
308
309
310
311
312
313
314
(10) Move any vehicle to any intermediate place of storage, or
to any location other than to the registered secure
storage yard of a tow truck service, unless specifically
requested by the owner or custodian of said vehicle.
(11) Upon request by any owner or custodian of a currently
licensed vehicle, deny or prevent access to said vehicle
for the purpose of removing personal ztems, whether or
not the owner or custodian is then able to reclaim the
vehicle.
(12) Assess any charge or fee in excess of, or in addition to,
the charges and fees authorized by this division.
Adopted by the City Council of the City of Virginma Beach,
Virginia, on this 3rd day of July, 2001.
This ordinance shall become effective on July 25, 2001.
CA-7980
DATA/ODIN/PROPOSED/21-422etseqordrev.wpd
R2
PREPARED- June 28, 2001
10
Item V-H. 2.
-16-
ORDINANCE/RES OL UTION
ITEM #48390
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED
Resolution designating the location and design for LASKIN ROAD
PHASE I (Public Hearing November 15, 2000), and, to request Virginia
Department of Transportation (VDOT) acquire and convey all necessary
rights-of-way
Voting 8-2 (By Consent)
Council Members Voting Aye
Llnwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr,
Louts R Jones, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf,
Nancy K Parker and Vice Mayor William D Sessoms, Jr
Council Members Voting Nay
Reba S McClanan and Rosemary Wilson
Council Members Abstaining
Barbara M Henley
Council Members Absent
None
Council Lady Henley ABSTAINED on Item 2 (Laskin Road, Phase I), as she has an interest in a property,
which is effected by the project
July 3, 2ooJ
RESOLUTION FOR LOCATION AND DESIGN
PUBLIC HEARING APPROVAL'
LASKIN ROAD, PHASE I
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
WHEREAS, a Location and Design Public Hearing ("Public
Hearing") was conducted on November 15, 2000, in the City of
Virginia Beach by representatives of the City of Virginia Beach
after due and proper notice for the purpose of considering the
proposed location and design of Laskin Road, Phase I, CIP %2-156
(VDOT Project # 0058-134-F02, PE-101, RW-201, C-501) (the
"Project") in the City of Virginia Beach, at which time drawings
and other pertinent information were made available for public
inspection in accordance with state and federal requirements;
WHEREAS, all persons and parties in attendance were
afforded full opportunity to participate in said Public Hearing;
WHEREAS, representatives of the Virginia Department of
Transportation were present and participated in said Public
Hearing;
WHEREAS, the Council had previously requested the
Virginia Department of Transportation to program this Project; and
WHEREAS, the Council has considered all such matters.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. The location and major design features of Laskin
Road, Phase I, CIP %2-156 (VDOT Project # 0058-134-F02, PE-101, RW-
201, C-501), as presented at the public hearing conducted on
November 15, 2000, and which are set forth on the Location Map
attached hereto, are hereby approved.
2. The Virginia Department of Transportation is hereby
requested to acquire all rights-of-way necessary for this Project,
and to convey said rights-of-way to the City at the appropriate
time.
32
33
34
35
36
37
3. The Director of Public Works is hereby authorized to
execute, on behalf of the City of Virginia Beach, all necessary
utility agreements required in conjunction with acquiring such
rights-of-way.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 3rd day of July , 2001.
38
39
4O
41
CA-8171
ORDINkNONCODEkvdotlaskinord.wpd
R3
June 20, 2001
42
43
44
APPROVED AS TO CONTENT'
epar~m~-t of' Public Works
45
46
47
48
49
APPROVED AS TO LEGAL
SUFFICIENCY'
LOCATION MAP SHOWING
LASKIN ROAD PHASE !
C.I.P..//' 2-156, VDOT #0058-134-F02
SCALE: 1" -- 1600'
Fiscal Years 2001-02 tl~rough ~006-07 capital improvement Program
Project # and Title: 2-156 Laskin Road - Phase I (VDOT)
CIp section: Roadways ' Business Area: Qu,si#y Physical Environment Priority:
Total Total Budget Unapprol~tated Subsequent Years Future
Progran-,med Appropriations Year I Year ~ Year 3 Year 4 Year 8 Year 6 Funding
Funds To Date FY 2001-02 FY 2002-03 FY 2003.04 FY 2004-00 FY 2000-00 FY 2006-07 Re~uimment
4,114,098 363,292 1,602,667 611,940 616,240 622,300 308,760 0 0
VDOT # 0058-134-F02. This project is for construction of a eight-lane divided highway (3 through lanes and a continuous
right turn lane in each direction) from Republic Road to Fremac Crescent and a six-lane divided highway to Oriole, a distance
of approxtmately 2.0 miles. An environmental assessment of the entire Laskin Road corridor, from Interstate 264 to Atlantic
Avenue, will be required for construction of this project. A major component of this project is the replacement of the bridge
structure at Linkhom Bay. This project also includes construction of a six-lane divided highway on First Colonial Road from
Laurel Lane to 1-264. The cost for landscaping/aesthetics was calculated using the Laskin Road Corridor- Guidelines for
Aesthehcs report completed with CIP 2-043 Miscellaneous Corridor Studies.
The lggg traffic volume of 37,200 vehicles per day is projected to increase to 53,000 vehicles per day by the year 2018. The
current roadway capacity is 22,800 vehicles per day. This is the first phase of Improving Laskin Road from Interstate 264 to
Atlantic Avenue. Without this project, the road will become more congested as development along this corridor continues
and will make access to the oceanfront difficult. This project is included in the City's Master Transportation Plan, as well as
the Regional Transportation Plan.
This project first appeared in the FY 1991-92 CIP, was deleted from the FY 1996-97 CIP and was re-introduced in the FY
lg97-98 CIP Schedules and costs are updated annually based on the Virginia Transportation Development Plan.
Basis for Estimate FY 2001-02 FY 2002-03 FY 2003-04 FY 2004-06 FY 2006-06 FY 2000-0/'
0 0 0 0 0 0
'nspecti°ns aAnli;l~P°rt ~~.., .~; '.'
~ ~ ~' '~_ i'['''~ Private Utihty Adjustments 10102-10/03 1,801,100
\ ~ ~, .. ..r"-~ \~ 'T._ '~ ~ IConstruction 10/03-10/05 16,209,900
~ "r'~ ~_ ~'_~. '~1t~. Street Lights 10103-10/05 369,600
--,'~_._¥"C------( f ¢~ , "~ "~ \~.,,r' " :Landscaping 11/05-01106 1,310,000
."~~\ \ ~j~ ',/~ . ~=,~ ~ \.~..~ ., Contingencies 07/93-01/06 339,420
~. ~-~\\ ~, · /r ~ '~,. '. ~ ~ Total Budgetary Cost Estimate 24,885,198
~\ t~, ;,'("'_~ ~ , -.~___.)-".~X,.~ -~- /..~.;~ Total Non-Programmed Costs 20,771,100
'~,,,~~~ ~ ,~..__'.'~ .,_.~_ .. ~.~~ Total Programmed Costs 4,114,098
-E~/ Funding! Source Amount
~ ~_-,.%.._{~, ~ ~ j--i[~j~ 1991 Charter Bonds
~~.~['- 't4,~ _~44 ._ -~'~2~~~ 2001 Charter Bonds 1,692,567
III 2002 Charter Bonds 611,940
~ ~'-~[-~)/-1-_~ , t !I'~ '~, ~ ~~ 2003 Charter Bonds 615,249
~..~]~_'~-d ~lv,~l-.,'~ ,~.,. ~,~ ~,. :r.-~_L_L/'~--'~ 2004 Charter Bonds 522,300
~=a~._f%{j~~~,,_.,.,.,.,.,.,.,.~_ !=J~-~ 2005 Charter Bonds 308,750
', ~ ~ ~--~--_L_~l~l I] [JL_? ~_ ~ Operating Budget 158,780
~ ~---~--~ ' I1'' / ~_-,,~-IPay-As-You-Go 179,296
~ ~ ~---- ~ ~"l"l~Total Programmed Financing 4,114,098
~ -- _~1 [o_ ~ ? ~ ~.L~ / ~.-~-FutureFund~ng Requirements 0
' _.'
¥:-
Fiscal Year 2001-02
I Roadways
Item V-H.3.
-17-
ORDINANCE/RES OL UTION
ITEM g48391
Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED
Resolution to endorse the Ctty's parttctpatton tn the Commonwealth of
Vtrgtnta's E-COMMUNITIES INITIATIVE whtch will enable all
Vtrgtnta communtttes to use tnternet and communtcatton technologtes for
tmprovtng both the quahty ofhfe for thetr ctttzens and the economtc vttahty
of thetr communtttes and regtons
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wdson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
July 3, 2001
A RESOLUTION ENDORSING VIRGINIA BEACH'S
PARTICIPATION IN THE COMMONWEALTH OF
VIRGINIA'S E-COMMUNITIES INITIATIVE WHICH
SEEKS TO ENABLE ALL VIRGINIA COMMUNITIES TO
USE INTERNET AND COMMUNICATIONS TECHNOLOGIES
TO IMPROVE BOTH THE QUALITY OF LIFE FOR THEIR
CITIZENS AND THE ECONOMIC VITALITY OF THEIR
COMMUNITIES AND REGIONS.
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
29
3O
31
32
33
34
35
36
37
38
WHEREAS, with the advent of new technologies, indivmduals are
changing the ways they interact wmth each other, and businesses are
changmng the ways they interact with their customers; and
WHEREAS, the rapid adoption of these new technologies is
dramatmcally changing people's expectatmons concerning how and when
they communicate both on a professional and personal level; and
WHEREAS, we recognize the need to address these changing
expectatmons for government and our communities; and
WHEREAS, in May 2000, the Mayor appointed the Special Advmsory
Commission on e-Government to study "e-government" ~ssues and work
with the community to bring forward recommendations concerning how
Virginia Beach should proceed in the area of "e-government"; and
WHEREAS, in November 2000 the commission presented its
recommended Goals & Objectives for Virginia Beach e-Government; and
WHEREAS, in March of 2001, the Virginia e-Communities Task
Force created a set of princmples that broadly define an
e-community; and
WHEREAS, these principles are consistent with the 1997
"Framework for Global Electronic Commerce," which was developed by
the President's Information Infrastructure Task Force and which
Virginia used as a foundation when it created its comprehensive
Internet Policy Act; and
WHEREAS, Virginia Beach City Council has the opportunmty to
affirmatively ratify the e-Communmties Guiding Principles document
and then use it to mobilize local interest and support for this
important effort;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Virginia Beach ms one of Virginia's "Digital Communities"
and endorses the followmng Guiding Principles for e-Communitzes:
39
4O
41
42
43
44
45
46
47
48
49
5O
51
52
53
54
55
56
57
58
59
6O
(1) individuals want to participate in the prosperity and
growth of the information economy;
(2) local government should lead;
(3) the electronic community provides a spectrum of
government, education and business services and content;
(4) the electronic community should be accessible to all;
(5) an electronic community must recognize community
identity, culture and values; and
(6) Virginia communities should work in concert to develop
flexible, simple standards that will aid in the
completion of a commonwealth-wide e-communities
environment.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the Special Advisory Commission on e-Government is
hereby commended for its work in creating Goals & Objectives for
Virginia Beach e-Government which encompass the guiding principles
for e-communities and has helped make Virginia Beach a leader in
servicing its citizens through e-government and e-community
initiatives.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 3rd day of July , 2001
61
62
63
64
65
F:\Users~DSULLIVA\VBGov~ecommunitiesresolution.wpd
June 26, 2001
APPROVED AS TO CONTENT:
Chief Informatmon Offzcer
66
67
68
69
APPROVED AS TO LEGAL SUFFICIENCY:
De[5~'rt~m-ent of L~w
- 18-
Item V-H. 4.
ORDINANCE/RES OL UTION
ITEM #48392
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED:
Licence Refund $119, 778 44
Voting 10-0 (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, Vtce Mayor Wtlham D Sessoms,
Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Abstatntng
Louts R Jones
Counctl Members Absent
None
Counctlman Jones ABSTAINED on Item 4 (License Refunds), as Ttdewater Cemetery Corporatton ss
recetvtng a refund of $119 59
July 3, 2OOl
FORM NO C A 8 REV 3/86
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following apphcabons for hcense refunds, upon cerbficatlon
of the Commissioner of the Revenue are hereby approved
LICENSE DATE BASE INTEREST TOTAL
NAME YEAR PAID
A & L HAIR GARDEN INC
A & M AIR CONDITIONING HEATING
A & M AIR CONDITIONING HEATING
A & W RESTAURANTS INC
A I & ASSOCIATES INC
AARON RYAN & JONES AUCTIONS INC
ACSEL CORPORATION
ADAMS PACKING INC
ADVANTAGE MEDICAL SERVICES LLC
ALPHA SOLUTIONS CORPORATION
AMERICAS COMPUTER TRAINING SOUTH
ANGLERS LAB OUTFITTERS CO
ARANAS JOSE MANIBOG
ASSOCIATED MUSIC SHOP INC
ATLANTIC DERMATOLOGY ASSOC PC
ATLANTIC PILING & EQUIP CO INC
ATRIA COMMUNITIES INC
AUTO PARTS INTERNATIONAL INC
BBG INCORPORATED
BEACH CAR WASH INC
BECK ROOFING CORP
BLOCKBUSTER INC
BOTTONI SERGIO L
BRJD LEASING LC
C & KARMA INC
CACI INC DEDERAL
CATO CORPORATION THE
CHANDLER STEVEN D
CHILDERNS MEDICAL GROUP INC
CHILDRENS SPECIALTY GROUP PLLC
DAUGHERTY JUDITH M
DAVECO PROPERTIES INC
DAVID D DICKERSON & ASSOCIATES
EAST SUPERMARKET INC
FUSION DYNAMICS INC
GARDEN GALLERY ANTIQUES LLC
GASWAY INC
GENTLE RAIN SERVICE CO INC
GRANDE JUNQUETION LTD
HAND N HEART LLC
HEALTHSOUTH REHAB CENTER OF VA BEACH
J W HILL
INFORMATION SPECTRUM INC
INQUISITOR INVESTIGATIONS INC
JKL AUTOMOTIVE INC
05/01/01 AUDIT 74 38 14 70 89 08
05/15/01 AUDIT 150 08 21 25 171 33
05/15/01 AUDIT 45 69 0 00 45 69
05/14/01 AUDIT 11 55 0 32 11 87
05/14/01 AUDIT 1,839 74 229 86 2,069 60
04/30/01 AUDIT 10 00 1 17 11 17
05/25/01 AUDIT 55 46 0 00 55 46
04/26/01 AUDIT 27 91 4 94 32 85
2001 05/15/01 60 50 0 00 60 50
05/02/01 AUDIT 3,832 43 287 14 4,119 57
04/26/01 AUDIT 503 60 38 27 541 87
04/30/01 AUDIT 6 47 6 57 13 04
05/29/01 AUDIT 20 00 0 25 20 25
05/14/01 AUDIT 6 00 0 10 6 10
05/14/01 AUDIT 24 43 1 82 26 25
05/14/01 AUDIT 10 00 3 08 13 08
05/23/01 AUDIT 1,670 66 64 11 1,734 77
05/15/01 AUDIT 198 81 13 81 212 62
05/07/01 AUDIT 2,061 20 258 01 2,319 21
05/03/01 AUDIT 161 11 1 37 162 48
AUDIT PAYMENT 05/09/01 661 69 0 00 661 69
05/10/01 AUDIT 722 91 25 76 748 67
05/17/01 AUDIT 21 00 1 77 22 77
05/09/01 AUDIT 460 00 48 18 508 18
05/01/01 AUDIT 522 94 0 00 522 94
AUDIT PAYMENT 05/14/01 3,489 12 0 00 3,489 12
2001 04/30/01 14 92 0 00 14 92
2001 06/06/01 11 37 0 00 11 37
05/10/01 AUDIT 6 63 0 00 6 63
05/16/01 AUDIT 3,151 64 225 31 3,376 95
05/24/01 AUDIT 845 95 97 58 943 53
2001 07/07/01 13 17 0 00 13 17
2001 04/30/01 40 11 0 00 40 11
2001 05/03/01 150 00 0 00 150 00
2001 05/08/01 221 29 0 00 221 29
05/25/01 AUDIT 69 14 0 09 69 23
05/10/01 AUDIT 1,516 79 56 17 1,572 96
05/16/01 AUDIT 40 01 1 00 41 01
04/26/01 AUDIT 215 36 25 12 240 48
05/23/01 AUDIT 4,803 32 315 20 5,118 52
05/21/01 AUDIT 10,223 47 3,354 29 13,577 76
2001 05/23/01 5 03 0 00 5 03
2001 06/13/01 16 35 0 00 16 35
05/14/01 AUDIT 352 71 116 54 469 25
2001 05/23/01 221 72 0 00 221 72
C 0 m/~s ~d'n c:fF~lrt h"e Revenue
Approved as to form
C~ty Atto rney'~::~ffice
Th~s ordinance shall be effecbve from date of
adopbon
The above abatement(s) totahng
C~ty of V~rg~n~a Beach on the
43,780 44
3
were approved by the Councd of the
day of July ,20 O1
Ruth Hodges Smith
CIty Clerk
FORM NO C A. 8 REV ~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following apphcat,ons for hcense refunds, upon cert~ficat,on
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
KDG ENTERPRISES INC
KNOOP HUNTER L & MARK T
LINDEN DIRECT INC
LOGICON EAGLE TECHNOLOGY INC
M&KINC
MARIANNA ENTERPRISES INC
MARTONE PETER W
MEDICAL ADMINISTRATIVE COUNSEL
NATIONAL COMMUNICATIONS OF AMERICA
NCS INC
NELSON REFRIGERATION INC
NETWORKING TECHNOLOGIES INC
OBRIEN & GERE TECH SERVICE INC
OCEAN BEACH PARTNERS LP
OUTBACK STEAK HOUSE OF HILLTOP
OUTBACK STEAK HOUSEOF KEMPSRIVER
OYSTER POINT CONSTRUCTION CO
PATIENT FIRST PHYSICIANS GROUP PC
PAULSON & PAULSON PLC
PAYNE IRENE I
PEDIATRICS OF KEMPSVlLLE PC
PERLIN PENSION SERVICE INC
PETERS & WHITE CONSTRUCTION CO
PINKSTON LARRY M
PRINS MICHAEL PATRICK
PRIVATE INVESTIGATIONS OF VA INC
R W MANGUM & ASSOCIATES INC
RAMADA ON THE BEACH LC
ROVER INDUSTRIES INC
S & SONS INC
SHANNON CHRIS CORP
SHORE LINES MANUFACTURING GROUYP INC
SIMS JAMES B
SOFTWARE MANAGEMENT SOLUTIONS
T P RUSNOCK ASSOCIATES INC
TEMPLETON DEBORAH LYNNE
THOMPSONS GRADING CO INC
THORNTON JERRY W
THREE TEES INC
TIDEWATER CEMETERY CORP
TRAVEL 2000 INC
VALIANOS GRADING & CLEARING LC
WARREN MORRIS & MADISON LTD
WHIT WILLIAMS INC
04/30101 AUDIT 10 00 I 17 11 17
05101/01 AUDIT 124 96 28 82 153 78
2001 06/01/01 106 84 0 00 106 84
2000 04126/01 2.269 08 0 00 2.269 08
05/02/01 AUDIT 871 88 110 30 982 18
2001 05103/01 285 25 0 00 285 25
2001 05116/01 411 26 0 00 411 26
2001 05/31101 43 17 0 00 43 17
04/26/01 AUDIT 18 16 0 00 18 16
05/21101 AUDIT 10 00 0 00 10 00
05111101 AUDIT 224 15 30 17 254 32
05104101 AUDIT 10 00 I 25 11 25
2001 05/31101 12 84 0 00 12 84
05115101 AUDIT 506 57 101 06 607 63
04/27101 AUDIT 464 21 92 91 557 12
04127/01 AUDIT 485 95 98 39 584 34
05/03/01 AUDIT 140 00 17 08 157 08
05/01101 AUDIT 5.742 31 0 05 5,742 36
2001 05125101 30 90 0 00 30 90
04/26101 AUDIT 139 17 74 28 213 45
2001 05125101 8 64 0 00 8 84
2001 04127101 8 61 0 00 8 61
05111101 AUDIT 98 82 3 99 102 81
05125/01 AUDIT 13 43 4 07 17 50
04/26/01 AUDIT 76 04 12 72 88 76
04/26101 AUDIT 374 40 112 28 486 68
05109101 AUDIT 207 26 25 11 232 37
05118/01 AUDIT 6,566 90 1.180 51 7.747 41
2001 06/11/01 56 89 0 00 56 89
2001 06113/01 662 65 0 00 662 65
2001 06/13101 210 97 0 00 210 97
05/04101 AUDIT 402 28 0 00 402 28
2001 05114/01 4 41 0 00 4 41
05110101 AUDIT 9 44 0 00 9 44
2001 05118/01 19 11 0 00 19 11
2001 05110101 11 08 0 O0 11 08
05118/01 AUDIT 7,908 44 1.383 75 9.292 19
2001 05116/01 440 77 0 00 440 77
05/17101 AUDIT 50 27 3 49 53 76
05102101 AUDIT 112 74 6 85 119 59
05103101 AUDIT 549 52 20 54 570 06
05/03/01 AUDIT 273 14 34 13 307 27
04130101 AUDIT 640 08 147 24 987 32
05/29101 AUDIT 120 00 25 99 145 99
~enue
Approved as to form
City Attomey'~ffice '
Th~s ordinance shall be effective from date of
adopbon.
The above abatement(s) totahng
C~ty of Virginia Beach on the
34,448 94 were approved by the
3~:c~ day of Ju;[¥
Council of the
O1
,20
Ruth Hodges Smith
City Clerk
FORM NO C A § REV 3/~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following apphcatlons for hcense refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
AMSEC LLC
ARMADNHOFFLER CONSTRUCTION CO
AUTO DYNAMICS INC
BERNARD LYNN WOLTZ
BRUSTERS OF VA BEACH
COULSON PATRICIA
COX INTERACTIVE MEDIA INC
DENNIS DAVID B
EASTERN RECREATION ENT INC
GUYNN RANDY L
HAY LORIN & JAMIE
HOME SOLUTIONS INC
INDEPENDENCE CONSTRUCTION CO
J K HILL & ASSOCIATES INC
JUNGLE GOLF OF VA BEACH INC
KJA INC
MORSE SHOE INC
L & H CONTRACTING OF VIRGINIA
LINDBLAD ENTERPRISES INC
MCDONALDS OF NORTH CAROLINA INC
MILLER ANDREW S OD
MITCHELL MARK P
MONTGOMERY DOORS INC
OLD HOUSE SPECIALISTS INC
OLYMPIC TILE & CARPET INC
PERSON JENNIFER L
PETER KWlCK INC
PITNEY-BOWES INC
PLANT FACTORY LANDSCAPING CORP
PROLOGUE PUBLISHING INC
R E F BARGE COMPANY
RAMAN GEETHA K
SEDLACKO KENNETH M
SHORELINE MECHANICAL INC
SOUVENIR CITY INC
TARBU'I-I-ON ASSOCIATES INC
THACKER ENTERPRISES LTD
TIDEWATER DENTAL LABORATORIES
TIDEWATER PRESSURE WASHING LLC
TIDEWATER SURVEYING ENGINEER
TUNE DAVID & JAMA
TUROK CONSTRUCTION INC
UTILX CORPORATION
2001 03/01/00 9,283 61 0 00 9,283 61
2001 03/01/00 328 08 0 00 328 08
04/02/01 AUDIT 52 87 2 55 55 42
2001 04/12/01 63 10 0 00 63 10
03/23/01 AUDIT 193 87 0 00 193 87
03/30/01 AUDIT 956 95 118 99 1,075 94
2001 04/04/01 19 17 0 00 19 17
2001 03/30/01 209 43 0 00 209 43
2001 03/30/01 186 76 0 00 186 76
03/28/01 AUDIT 8 26 11 55 19 81
04/12/01 AUDIT 503 16 138 28 641 44
04/05/01 AUDIT 853 29 0 00 853 29
2001 04/05/01 21 84 0 00 21 84
03/29/01 AUDIT 19,301 68 0 00 19,301 68
2001 03/30/01 95 80 0 00 95 80
2001 03/30/01 57 55 0 00 57 55
2001 03/30/01 10 34 0 00 10 34
2001 04/01/01 121 67 0 00 121 67
2001 03/26/01 10 00 0 00 10 00
03/23/01 AUDIT 90 29 0 00 90 29
04/02/01 AUDIT 243 76 59 86 303 62
2001 03/01/01 65 97 0 00 65 97
2001 04/05/01 36 40 0 00 36 40
2001 03/30/01 78 35 0 00 78 35
04/12/01 AUDIT 60 01 5 77 65 78
04/10/01 AUDIT 5 44 29 78 35 22
03/28/01 AUDIT 221 52 52 16 273 68
04/02/01 AUDIT 82 19 22 99 105 18
2001 04/17/01 29 17 0 00 29 17
04/05/01 AUDIT 3,493 72 632 96 4,126 68
04/06/01 AUDIT 442 75 51 63 494 38
03/28/01 AUDIT 10 00 1 08 11 08
03/14/01 AUDIT 200 00 30 91 230 91
2001 04/09/01 60 49 0 00 60 49
04/02/01 AUDIT 254 78 51 44 306 22
04/10/01 AUDIT 14 51 0 00 14 51
03/27/01 AUDIT 0 00 0 24 0 24
2001 03/21/01 40 00 0 00 40 00
03/30/01 AUDIT 10 00 0 00 10 00
04/09/01 AUDIT 81 50 16 97 98 47
2001 04/10/01 21 49 0 00 21 49
04/10/01 AUDIT 110 89 34 44 145 33
2001 03/30/01 50 42 0 00 50 42
~,omm'l~sloner of the Revenue
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totaling
City of V~rg~ma Beach on the
Approved as to form
~ty A'tt'o~n ~y'~ff~ce
39,242 68 were approved by the Council of the
3 day of July ,2001
Ruth Hodges Smith
C~ty Clerk
FORM NO C A 8 REV 3/~6
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following apphcat~ons for hcense refunds, upon certification
of the CommIssIoner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
VAN DAALEN JONATHAN O 04/10/01 AUDIT 286 74 85 99 372 73
VIRGINIA CIMMS INC 03/29/01 AUDIT 1,587 29 293 61 1,880 90
WATERS LISA ANN 03/30/01 AUDIT 20 00 2 00 22 00
WIDENER HOMES LTD 03/22/01 AUDIT 10 00 2 00 12 00
WYNN HORACE JEROME 2001 04/12/01 18 75 0 00 18 75
~~enue
Approved as to form
C~ty Attorney's Off~ce
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totaling
City of Vlrg~ma Beach on the
2,306 38
3rd
were approved by the Council of the
day of July ,20 01
Ruth Hodges Smith
C~ty Clerk
- 19-
Item V-L.
PLANNING
ITEM #48393
1. NE,IL REED
CONDITIONAL CHANGE OF
ZONING
2. BACK BAY CHRISTIAN ASSEMBLY
CONDITIONAL USE PERMIT
3. JANET L. KOTTKE
CONDITIONAL USE PERMIT
4. M & M CONTRACTORS, INC.
CONDITIONAL USE' PERMIT
5. SOKA GAKKAI INTERNATIONAL- USA
CONDITIONAL USE PERMIT
6. RIGANTO, L.L.C.
CONDITIONAL CHANGE OF
ZONING
uly 2oo
- 20 -
Item V-I.
PLANNING
ITEM it 48394
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED in ONE
MOTIONItems 1, 2, 3, 4, 5 and 6 of the PLANNING AGENDA
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wilson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
July 3, 2001
- 21 -
Item V-I. 1.
PLANNING
ITEM # 48395
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Council ADOPTED an
Ordtnance upon apphcatton of NEAL REED for a Condtttonal Change of Zontng and Condtttonal Use
Permtt
ORDINANCE UPON APPLICATION OF NEAL REED FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO
CONDITIONAL B-2 Z07011202
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon apphcatton of Neal Reed for a Change of Zomng District
Classtficatton from AG-2 Agricultural Dtstrtct to Condtttonal B-2
Communtty Bustness Dtstrtct on certatn property located on the east stde
of Dam Neck Road at the tntersectton wtth Holland Road (GPIN #1495-14-
7339) The proposed zomng classtficatton change to Condtttonal B-2 ts for
retail bustness land use The Comprehenstve Plan recommends use of this
parcel for suburban restdenttal/low denstty at denstttes that are compattble
wtth stngle faintly use Satd parcel contatns 1 4 acres DISTRICT 7 -
PRINCESS ANNE
The followtng condttton shall be requtred
Agreement encompasstng proffers shall be recorded wtth the
Clerk of the Ctrcutt Court and ts hereby made a part of the
proceedtngs
AND,
ORDINANCE UPON APPLICATION OF NEAL REED FOR A
CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE'
STA TIONAND CAR WASH R0701305 7
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcatton of Neal Reed for a Condtttonal Use Permtt for
an automobtle servtce statton and car wash on certatn property located on
the east stde of Dam Neck Road at the tntersectton wtth Holland Road
(GPIN #14975-14-7339) Satd parcel contains 1 4 acres DISTRICT 7 -
PRINCESS ANNE
The followtng condtttons shall be requtred
1 All auto repatr must take place tnstde the butldtng
2 No ttres, merchan&se or parts for sale shall be dtsplayed
outstde
3 No outstde storage of equtpment, parts or matertals shall be
permttted
4 No outstde storage of vehtcles tn a state of obvtous dtsrepatr
shall be permitted
All outdoor hghttng shall be shtelded to dtrect hght and glare
onto the premtses, satd hghttng and glare shall be deflected,
shaded, and focused away from adjomtng property
6 If the stte ts developedprtor to the wtdemng of Holland Road, a
left turn lane tnto the site shall be provtded on Holland Road
July s, 2OOl
Item V-I. 1.
- 22 -
PLANNING
ITEM # 48395 (Conitnued)
The proposed servtce statton, canopy for the gasohne pumps, and
the car wash buddmg shall substanttally conform to the
prehmtnary elevation entttled, "B UILDING ELEVA TIONS FOR
NEAL REED at Dam Neck Rd and Holland Road" (Pages 1, 2 &
3), dated May 1, 2001, whtch has been exhtbtted to City Councd
and ts on file wtth the Planmng Department However, the
followtng revtston shall be made to the elevattons
The colored strtptng on the canopy shall be hmtted to a
length of one-fourth the length of each stde or ten feet,
whtchever ts greater The rematnder of the canopy shall
match the black fascta
The freestandmg stgn shall be monument style and shall be no
taller than etght feet tn height The base of the stgn shall be of the
same brtck as that of the proposed servtce buddmg
These Ordtnances shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Ordtnance
Adopted by the Councd of the Ctty of Vtrgtnta Beach, Vtrgtma, on the Thtrd of Jul_y, Two Thousand One
Vottng 11-0 (By Consent)
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and Rosemary Wdson
Counctl Members Vottng Nay
None
Councd Members Absent
None
July 3, 2001
~~ ~ of Vir¢inia Fteach
IhffER-0FFIC[ ¢ORRESPOhtOENCE
In Reply Refer To Our File No. DF-5287
TO:
FROM'
RE:
DATE:
Leslie L. Lilley
B. Kay Wils~
June 22, 2001
DEPT: City Attorney
Conditional Zoning Application
Neal Reed and Alberta D. Hobson
DEPT- City Attorney
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on July 3, 2001. I have reviewed the subject proffer agreement, dated
October 15, 2000, 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
PREPARED BY
:ES. C. ARI4E~ BOUROON
& AHERN. P.C
ATTORNEYS AT LAW
NEAL REED
ALBERTA D. HOBSON, widowed and unremarried
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made this 15m day of October, 2000, by and between
NEAL REED, GRANTOR, party of the first part; ALBERTA D. HOBSON, GRANTOR,
widowed and unremarried, party of the second part; and THE CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia, GRANTEE, party
of the third part.
WITNESSETH'
WHEREAS, the party of the second part is the owner of a certain parcel of
property located in the Princess Anne District of the City of Virginia Beach,
containing approximately 1.4 acres as more particularly described in Exhibit "A"
attached hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, the party of the first part, being the contract purchaser of the
Property has initiated a conditional amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the GRANTEE so as to change the
Zoning Classification of the Property from AG-2 Agricultural District to B-2
Community Business District; 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
WHEREAS, the GRANTORS acknowledge that the competing and sometimes
incompatible development of various types of uses conflict and that in order to
permit differing types of uses on and in the area of the Property and at the same
time to recognize the effects of change that will be created by the GRANTORS'
,
proposed rezoning, certain reasonable conditions governing the use of the Property
for the protection of the community that are not generally applicable to land
GPIN: 1495-14-7339
PREPARED BY
:ES. CARNES. BOURDON
& AHERN. P.C
~ AT LAW
similarly zoned are needed to resolve the situation to which the GRANTORS'
rezoning application gives rise; and
WHEREAS, the GRANTORS have voluntarily proffered, in writing, in advance
of and prior to the public hearing before the GRANTEE, as a part of the proposed
amendment to the Zoning Map with respect to the Property, the following
reasonable conditions related to the physical development, operation, and use of the
Property to be adopted as a part of 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 GRANTORS, their successors, personal
representatives, assigns, Grantees, and other successors in tire or interest,
voluntarily and without any requirement by or exaction from the GRANTEE or its
governing body and without any element of compulsion or quid pro quo for zoning,
rezoning, site plan, building permit, or subdivision approval, hereby makes the
following declaration of conditions and restrictions which shall restrict and govern
the physical development, operation, and use of the Property and hereby covenants
and agrees that this declaration shall constitute covenants running with the
Property, which shall be binding upon the Property and upon all parties and
persons claiming under or through the GRANTORS, their successors, personal
representatives, assigns, Grantees, and other successors in interest or title:
1. When the Property is developed, it shall be developed substantially as
shown on the exhibit entitled "ILLUSTRATIVE SITE PLAN FOR GAS STATION WITH
SERVICE BAYS AND CAR WASH, Holland Road and Dam Neck', prepared by
Engineering Services, Inc., dated 10/13/00, which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia Beach Department of
Planning (hereinafter "Site Plan').
2. The exterior of the service station, canopy for the gasoline.pumps, and
the car wash depicted on the Site Plan shall be substantially similar in appearance
to the elevations shown on the exhibit entitled ~BUILDINO ELEVATIONS FOR NEAL
REED at Dam Neck Rd. and Holland Road" (Pages 1, 2 & 3), dated May 1, 2001~
PREPARF..~ BY
ES CARNF. S. BOUI:IDON
& AHERN. PC
A'T'I'(X:INEY$ AT LAW
which has been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning (hereinafter 'Elevation').
3. The landscaping depicted on the Site Plan shall be consistent with the
detailed 'ILLUSTRATIVE LANDSCAPE PLAN FOR GAS STATION WITH SERVICE
BAYS AND CAR WASH', prepared by Engineering Services, Inc., dated 10/13/00,
which has been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning (hereinafter 'Landscape Plan').
4. The freestanding signs shall be brick based monument style signs no
greater than eight feet (8} in height as depicted on the Elevation.
5. All outdoor lighting shall be shielded, deflected, shaded and focused to
direct light down onto the premises and away from adjoining property.
6. Category VI Landscaping, as described in the Landscaping, Screening
and Buffering Specifications and Standards of the City of Virginia Beach, will be
provided adjacent to the southern boundary of the Property.
7. The uses which will not be permitted in place of an automotive service
station and a car wash are:
a) bulk storage yards and building contractors yards;
b) flea markets;
c) heliports and helistops;
d) mobile home sales;
e) storage garages;
f) auto repair garages;
g) boat sales;
h) borrow pits.
8. Further conditions may be required by the GRANTEE during detailed
Site Plan review and administration of applicable City codes by all cognizant City
agencies and departments to meet all applicable City code requirements.
All references hereinabove to B-2 District and to the requirements and
regulations applicable thereto refer to the Comprehensive Zoning Ordinance and
Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date
PREPARED BY
ES. CARNES. BOURDOH
& AHERN. PC
~{;TTORNEYS AT LAW
of approval of this Agreement by City Council, which are by this reference
incorporated herein.
The above conditions, having been proffered by the GRANTORS 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 ~_menrlment to the Zoning Ordinance even if
the subsequent amendment is part of a comprehensive implementation of a new or
substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied.by written instrument recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and
executed by the record owner of the Property at the time of recordation of such
instrument, provided that said instrument is consented to by the GRANTEE in
writing as evidenced by a certified copy of an ordinance or a resolution adopted by
the governing body of the GRANTEE, after a public hearing before the GRANTEE
which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of
Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along
with said instrument as conclusive evidence of such consent, and if not so recorded,
said instrument shall be void.
The GRANTORS covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall
be vested with RI! necessary authority, on behalf of the governing body of the City of
Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
restrictions, including the authority {a) to order, in writing, that any noncompliance
with such conditions be remedied; and (b) to bring legal action or suit to insure
compliance with such conditions, including mandatory or prohibitory injunction,
abatement, damages, or other appropriate action, suit, or proceeding; .
(2) The failure to meet all conditions and restrictions shall constitute
cause to deny the issuance of any of the required building or occupancy permits as
may be appropriate;
PREPARED BY
(ES. CARNES, BOURDON
& AHERN.
A'I'rOClNEY$ AT LAW
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, the GRANTORS shall petition the governing body for
the review thereof 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 Planning Department,
and they shall be recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and indexed in the names of the GRANTORS and the
GRANTEE.
PREPARED BY
(ES CARNES. BOURDON
& Ak.lEI:IN. PC
A~TORNEYS AT LAW
WITNESS the foUowing signature and seal:
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
The foregoing instrument was acknowledged before me this ~ day of
October, 2000, by Neal Reed, Grantor.
N~tar~ l~ublic
My Commission Expires'~/~'~~
PREPARED BY
ES. CARNES. BOUROON
& AHERN. RC.
I[I'TORNEY$ AT LAW
WITNESS the following signatures and seals:
GRANTOR:
Alberta D. Hobson
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
The foregoing instrument was acknowledged before me this
October, 2000, by Alberta D. Hobson, Grantor.
My Commission Expires: F~'~~ ,z..,~. ,~0o ~
day of
PREPARED BY
;ES. CARNES. BOURDON
& AHERN. PC
.~TI'ORNEYS AT LAW
All that certain piece or parcel of land lying, situate and being in the Princess Anne
District of the City of Virginia Beach, being known, numbered and designated as Lot
Thirty-One (31) on a certain plat made by ,I.E. Old, Surveyor, as a Subdivision for
W.W. Sawyer, recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 6, at Page 86.
Less and except that portion of the property conveyed to the Commonwealth of
Virginia by Deed dated March 93, 1999, recorded in the afore referenced Clerk's
Office in Deed Book 3070, at Page 49.1; and
Less and except that portion of the property conveyed to the City of Virginia Beach
by Deed recorded August 9.5, 1986 and recorded in the afore referenced Clerk's
Office in Deed Book 9.535, at Page 413.
GPIN: 1495-14-7339
CONDREZN/REID/PROFFER
Map K 17
H~p Not to Scale
Back
Christian A
N
AG-2
AG-I
AG-I
2,890 m
Rd.
AG-I
Gpin 2401-81-2439
ZONING HISTORY
1. Conditional Use Permit (church expansion) - Approved 6-22-99
Conditional Use Permit (preschool in church) - Approved 6-10-98
Conditional Use Permit (church) - Approved 8-27-96
Conditional Use Permit (church)- Approved 10-12-93
Conditional Use Permit (church) - Approved 6-25-90
2. Subdivision Variance- Approved 12-8-92
Conditional Use Permit (single family development) - Approved 12-8-92
3. Conditional Use Permit (retail sales) - Approved 9-27-82
Planning Commission Agenda
June 13, 2001
Page 178
- 23 -
Item V-I. 2.
PLANNING
ITEM # 48396
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED an
Ordtnance upon apphcatton of BACK BAY CHRISTIAN ASSEMBL Y for a Condtttonal Use Permtt
ORDINANCE UPON APPLICATION OF BACK BAY CHRISTIAN
ASSEMBLY FOR A CONDITIONAL USE PERMIT FOR A CHILD CARE
ED UCA TION CENTER IN C ONNE C TION WITH A CHUR CH R 0 7013058
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcatton of Back Bay Chrtsttan Assembly for a
Condtttonal Use Permtt fora chtld care educatton center tn connectton wtth
a church on the east side of Prtnce Anne Road, 2890feet south of Vaughan
Road (GPIN #2401-81-2439) Satdparcel ts located at 1196 Prtncess Anne
Road and contatns 11 6 acres DISTRICT 7 - PRINCESS ANNE
The followtng condtttons shall be reqmred
1 A new certtficatton of occupancy for "E" use as determtned by the
Buddtng Offictal shall be requtred
2 Enrollment at the school shall not exceed 60 students
Thts Ordtnance shall be effective tn accordance wtth Sectton 107 60 of the Zomng Ordtnance
Adopted by the Council of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Thtrd of Jul_y, Two Thousand One
Voting 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Councd Members Vottng Nay
None
Counctl Members Absent
None
July 3, 2001
- 24 -
Item V-L3.
PLANNING
ITEM # 4839 7
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED an
Ordinance upon apphcatton of JANET L. KOTTKE for a Condtttonal Use Permit
O~INANCE UPON APPLICATION OF JANET L KOTTKE FOR A
CONDITIONAL USE PERMIT FOR A PRESCHOOL/DAY CARE
FACILITY R07013059
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon apphcatton of Janet L Kottke for a Condtttonal Use
Permtt for a preschool/day care facthty tn the Ttdewater Umted Church of
Chrtst, on certam property located on the east stde of West Neck Road, 930
feet south of North Landtng Road (GPIN #1494-80-1286) Property ss
located at 2660 West Neck Road and contatns 9 58 acres DISTRICT 7 -
PRINCESS ANNE
The following condtttons shall be requtred
1 There shall be no more than 1 O0 students tn thefacthty at any one
ttme
2 There shall be no more than fifteen (15) staff members tn the
facthty at any one ttme
3 ThehoursofoperattonshallbeMondaythroughFrtday, from 7 O0
am to6 OOpm
4 The apphcaht may hst the name ofthefactltty on the stgnface of
the freestandtng stgn
The apphcant shall obtatn all the necessary permtts, tnspecttons,
and approvals from the Department of S octal Servtces, the Ftre
Department and the Permtts and Inspecttons Dtvtston of the
Planmng Department before occupancy of the buddmg A
certtficate of occupancy for the use shall be obtamed from the
Permtts and Inspecttons Dlvtston of the Planmng Department
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Ordtnance
Adopted by the Councd of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Thtrd of July, Two Thousand One
Vottng 11-0 (By Consen0
Counctl Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and Rosemary Wdson
Councd Members Vottng Nay
None
Councd Members Absent
None
July 3, 2001
Item V-I. 4.
- 25 -
PLANNING
ITEM # 48398
Upon motton by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED an
Or&nance upon apphcatton of M & M CONTRACTORS, INC , for a Condtttonal Use Permtt
ORDINANCE UPON APPLICATION OF M & M CONTRA CTORS, INC
FOR A CONDITIONAL USE PERMIT R07013060
BE IT HErB Y O~AINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon apphcatton of M & M Contractors, Inc , for a Condtttonal
Use Permit for mtnt-warehouse/self-storage facthty on certatn property
located on the west stde of South Lynnhaven Road, 400feet more or less
south of Lee Htghlands Boulevard (GPIN #1496-27-1368) Stad parcel
contatns 5 08 acres DISTRICT 3 - ROSE HALL
The followtng conchttons shall be requtred
When the property ts developed, tt shall be developed substanttally
as shown on the exhtbtt entttled, "Conceptual &te Layout Plan for
Morton Realty Property Self-Storage Facthty, "prepared by MSA,
Inc , dated 5-10-01
The archttectural destgn elements and extertor butldtng matertals
shall be substanttally tn conformance with those deptcted on the
elevatton entttled, "Proposed Street Elevatton, Morton Realty
Property, Self Storage Facthty," prepared by Sampson and
Assoctates Archttects, P C, dated 5-21-01
The foundation landscaptngfor the untts wtth frontage along South
Lynnhaven Road shall be installed as Category 1 as descrtbed tn
the Ctty of Vtrgtnta Beach Landscape Screentng and Buffering
Spectficattons and Standards Manual An undulattng 1 O-foot wtde
landscape area shall also be tnstalled along South Lynnhaven
Road from the southeast property hne to the proposed entrance
A mix of trees and shrubs shall be installed wtthtn thts area and
may be grouped or massed to provtde vtsual interest as well as
addtttonal screemng along the street frontage
Any freestandtng stgn shall be monument style wtth a brtck base
that matches the brtck deptcted on butldtng elevatton Such stgn
shall not exceed a hetght of etght (8)feet and shall be externally ht
from ground level There shall be no bustness tdenttficatton
stgnage on the walls or roof of the butlchng
All extertor hghttng shall be low tntenstty and restdenttal tn
character and shall not be erected any htgher than fourteen (14)
feet Accordtng to Sectton 237 of the Ctty Zonmg Ordmance, all
outdoor hghttng shall be shielded to direct hght and glare onto the
mtnt warehouse facthty Satd hghttng and glare shall be deflected,
shaded and focused away from all adjotmng properttes
6 The entrance into the facthty shall ahgn wtth the extsttng Sabre
Street extenston located on the east stde of South Lynnhaven Road
7 No land disturbance shah occur wtthtn the 100 foot Resource
Protectton Area buffer
July s, 2ool
- 26-
Item V-I. 4.
PLANNING
10
11
ITEM # 48398 (Continued)
No budchngpermtt shall be tssued wtthout evtdence of permtsston
from the Untted States Army Corps of Engmeers to tmpact the non-
tidal wetlands deptcted on the concept plan
No buddtng permtt to construct thts mtnt-warehouse facthty shall
be tssued unttl the bdlboard identified on the conceptual plan ts
removed tn tts enttrety
All fencing vtstble from etther a pubhc rtght-of-way or from the
adjacent stngle-famdy subdtvtston to the west shall be wrought
tron-style No barbed wtre, razor wire or any other fenctng
devtces shall be tnstalled on the roof or walls of the buddtng or on
the fence on the property
No storage offlammable or hazardous matertals shall be stored tn
any umt
12
There shall be no electrtc or dtesel power generator or generator
fueled by any other source of energy located outstde of any
buddtng
13 There shall be an on-stte restdent manager at all ttmes, 24 hours
a day
14 Drtve atsles shall be at least 18 feet wtde to accommodate
emergency apparatus
15 No on-stte bustness shah be conducted such as automobde repair
or storage, cabmet shops or stmtlar types of hazardous operattons
16
The untts shall be used only for the storage of goods The umts
shall not be used for officepurposes, band rehearsals, or any other
purpose not consistent with the storage of goods No pubhc
assembly or conttnuous occupancy of the units shall be permttted
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 60 of the Zontng Ordtnance
Adopted by the Councd of the Ctty of Vtrgmta Beach, Vtrgmta, on the Third o_f Jul¥, Two Thousand One
Voting 11-0 (By ConsenO
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and Rosemary Wdson
Councd Members Vottng Nay
None
Councd Members Absent
None
July 3, 2001
Item V-I.$.
-27-
PLANNING
ITEM # 48399
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED an
Ordtnance upon appltcatton of SOKA GAKKAI INTERNATIONAL-USA for a Condtttonal Use Permtt
ORDINANCE UPON APPLICATION OF SOKA GAKKAI
INTERNATIONAL-USA FOR A CONDITIONAL USE PERMIT FOR A
CHURCH R07013061
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon apphcatton of Soka Gakkat Internattonal-USA for a
Con&ttonal Use Permit for a church at the northeast tntersectton of
Vtrgtnta Beach Boulevard and Davts Street (GPIN #1467-48-2294) Satd
parcel ts located at 5476 Vtrgtnta Beach Boulevard and contatns 2 955
acres DISTRICT 2 - KEMPSVILLE
The followtng conclttton shall be requtred
The apphcant shall obtatn all the necessary permtts, tnspecttons,
and approvals from the Ftre Department and the Permtts and
Inspecttons Dtvtston of the Planntng Department before occupancy
of the butldtng A certtficate of occupancy for the use shall be
obtatned from the Permtts and Inspecttons Dtvtston of the
Planning Department
This Ordinance shall be effecttve tn accordance with Section 107 O0 of the Zoning Or&nance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Thtrd of Jul_v, Two Thousand One
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
July s, 2007
- 28 -
Item V-I. 6.
PLANNING
ITEM # 48400
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counczl ADOPTED an
Or&nance upon apphcatton of RIGANTO, L.L.C., for a Conditional Change of Zomng
ORDINANCE UPON APPLICATION OF RIGANTO, L L C, FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5D TO
CONDITIONAL I- 1
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcatton of Rtganto, L L C, a Vtrgtnta hmtted habthty
company for a Change of Zomng Dtstrtct Classtficatton from R-SD
Restdenttal Duplex Dtstrtct to Condtttonal I- 1 Ltght Industrtal Dtstrtct on
certatn property located on the east stde of South Rosemont Road, 1300
feet more or less north of Dam Neck Road (GPIN #1494-04-6715) The
proposed zontng classtficatton change to Condtttonal I-1 ts for hght
tndustrtal land use The Comprehenstve Plan recommends use of thts
parcel for a vartety of employment uses tncludtng bustness parks, offices,
tndustrtal and employment support uses tn accordance wtth other Plan
pohctes Satdparcel contams 33 acres (DISTRICT 7- PRINCESSANNE)
The followtng conchtton shall be requtred
1 An agreement encompasstngproffers shall be recorded wtth
the Clerk of Ctrcutt Court
The apphcant has revtsed the plan and proffer to accomphsh the followtng
Reduce the number of potenttal bml&ngparcels from the previous
29 to 13 Proffer #1) The apphcant reserves the rtght to further
reduce the number of parcels and to mo&fy the property hnes
between sttes provtded that the modtficattons comply wtth the
reqmrements of the I-1 Zomng District and are not substantially
dtfferent from the proffered layout
Requtres mandatory membershtp tn aproperty owners assoctatton,
mandatory assessments, mandatory matntenance of the landscape
buffers and entrance feature, as well as an archttectural revtew
and approval process for butldtngplans on each tndtvtdual parcel
(Proffer #2) Thts tssue was not addressed tn the prevtous
proffers
Ltmtts the hetght of any butldmg on parcels Stx (6) and Seven (7),
whtch are the larger parcels, to thtrty-five (35) tn hetght (Proffer
#6) There was no hmttatton tn the previous proffers
Requtres brtck as the extertor matertal for the front of all
butldtngs, wtth the rematnder of the butldtng betng the same
matertal or patnted block or metal (proffer #6) Prevtously, the
butldtngs could have etther brtck, spht-face block, or Dryvtt as the
exterior surface of the front, wtth the rematnder of the butldtng of
the same matertal or, patnted block or metal
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 (1) of the Zomng Or&nance
Adopted by the Counctl of the Ctty of Vtrgmta Beach, Vtrgtnta, on the Thtrd of JulY, Two Thousand One
July s, 2oo
Item V-I. 6.
- 29 -
PLANNING
ITEM # 48400 (Continued)
Vottng 11-0 (By Consent)
Counctl Members Votmg Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
July 3, 2ool
PREPARED BY
SYKES, CARNES, BOURDON
& AHERN. PC
ATI'ORNEYS AT LAW
0001857
BKL N51 PG067 I
LEON T CARRINGTON, SR.,
Executor of the Estate of Viola Clementane Carnngton, Deceased
and
RIGANTO, L.L.C.,
a Virginia hmlted liability company
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth
Virglma
of
THIS AGREEMENT, made this 26th day of February, 2001, by and between
LEON T. CARRINGTON, SR., Executor of the Estate of Viola Clementlne Carnngton,
Deceased, Property Owner and RIGANTO, L.L.C, a Virginia hmlted liability
company, Contract Purchaser, hereinafter collectively referred to as Grantors, and
THE CITY OF VIRGINIA BEACH, a municipal corporataon of the Commonwealth of
Vlrglma, Grantee, party of the second part.
WITNESSETH.
WHEREAS, Property Owner ~s the owner of a certaun parcel of property
located m the Princess Anne District of the City of Vlrglma Beach, conta~mng
approx~nately thirty-three (33) acres and described in Exhibit "A' attached hereto
and incorporated hereto by this reference, smd property hereinafter referred to as
the "Property"; and
WHEREAS, the Grantors have ~mtlated a conditional amendment to the
Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the
Grantee so as to change the Zoning Classification of the Property from R-5D
Residential District to I-1 Industrial District, and
WHEREAS, the Grantee's pohcy ~s to provide only for the orderly development
of land for various purposes through zoning and other land development legislation,
and
GPIN. 1495-04-6715-0000
WHEREAS, the Grantors acknowledge that the competing and sometimes
incompatible development of various types of uses conflict and that ~n order to
permit differing types of uses on and ~n the area of the Property and at the same
tame to recogmze the effects of change that will be created by the Grantors' proposed
rezonmg, certain reasonable condmons governing the use of the Property for the
protectaon of the commumty that are not generally apphcable to land s~m~larly
zoned are needed to resolve the s~tuataon to which the Grantors' rezonmg
apphcataon g~ves rise; and
WHEREAS, the Grantors have voluntarily proffered, ~n wrmng, m advance of
and prior to the pubhc hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map w~th respect to the Property, the following
reasonable conditaons related to the physical development, operation, and use of the
Property to be adopted as a part of said amendment to the Zomng Map relative and
apphcable to the Property, which has a reasonable relation to the rezonmg and the
need for which ~s generated by the rezomng
NOW, THEREFORE, the Grantors, therr successors, personal representataves,
assigns, grantees, and other successors ~n title or ~nterest, voluntarily and without
any requirement by or exactaon from the Grantee or ~ts governing body and without
any element of compulsion or quid pro quo for zoning, rezomng, rote plan, bmlding
permit, or subdlv~slon approval, hereby make the following declarataon of cond~tlons
and restrlctaons which shall restrict and govern the phymcal development,
operation, and use of the Property and hereby covenant and agree that th~s
declarataon shall constitute covenants running vath the Property, which shall be
binding upon the Property and upon all part~es and persons claiming under or
through the Grantors, their successors, personal representataves, assigns, grantees,
and other successors ~n interest or t~tle'
1 When the Property is developed, ~t shall be developed ~nto no more
than thirteen (13) parcels substantaally as shown on the exhibit entitled "REZONING
EXHIBIT OF CARRINGTON PROPERTY FOR RIGANTO, L L C V~rglma Beach,
Vlrg~nla", dated November 14, 2000, as revised 05/14/2001 prepared by Hoggard-
PREPARED BY
SYKES CARNES BOURDON
& AHERN PC
ATTORNEYS AT LAW
Eure Associates, P.C., which has been exhibited to the V~rg~ma Beach City Council
and is on file with the Virginia Beach Department of Planning {hereinafter "Site
Plan').
2.
Declaratnon
Restrictions')
Association.
When the property is subdivided it shall be subject to a recorded
of Protective Covenants, Conditions and Restrictions {"Deed
administered by a mandatory membership Property Owners
Among other provisions, the Deed Restnctaons shall Include Articles
requiring mandatory assessments for maintenance of the landscape buffers and
entrance feature as well as for Architectural Controls, copies of which have been
exhibited to the V~rgmla Beach City Council and are on/'fie with the Vlrglma Beach
Department of Planning.
3. As the Property is developed, parcel by parcel, Grantors shall install
berming and landscaping w~thm the twenty foot {20~ landscape buffer located
adjacent to the pubhc right-of-way as depicted on the "Site Plan"
4. Entrance Landscaping shall be installed on the east side of the
stormwater management lake as depicted on the ~Slte Plan"
5 All freestanding signs shall be brick monument styIe signs as depicted
on the "Site Plan". No neon hghtnng visible from Rosemont Road or the proposed
pubhc right-of-way depicted on the "Site Plan" shall be permitted on the Property
6 The buildings constructed on each of the lots depicted on the "Site
Plan" shall have brick as the exterior surface of the front, with the remaander of the
building of the same material or, painted block or metal. All exterior surfaces shall
have an earth tone color No budding on parcels numbered one (1) through five (5)
and eight (8) through fifteen (15) as depicted on the Site Plan shall exceed thrrty-five
feet (353 in height.
7 Further conditions may be required by the Grantee during detailed Site
Plan and/or Subdivision review and admlmstratlon of apphcable City Codes by all
cognizant City agencies and departments to meet all applicable City Code
requirements
PREPARED BY
SYKES, CARNES, BOURDON
& AHERN, PC
A'I'I'ORNEYSATI..AW
BK L, h 5 0 B 7
All references hereinabove to R-SD and I-! Districts and to the requirements
and regulattons applicable thereto refer to the Comprehensive Zoning Ordinance
and Subdivision Ordinance of the City of Virginia Beach, Virginia, m force as of the
date of approval of this Agreement by City Councd, which are by this reference
incorporated hereto.
The above cond[ttons, having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall
continue m full force and effect until a subsequent amendment changes the zoning
of the Property and specifically repeals such cond[ttons. Such cond[ttons shall
continue despite a subsequent amendment to the Zoning Ordinance even if the
subsequent amendment is part of a comprehensive [mplementatton of a new or
substanttally revised Zoning Ordinance unt~l specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded m
the Clerk's Office of the C~rcu[t Court of the City of Virginia Beach, V[rglma, and
executed by the record owner of the Property at the time of recordataon of such
instrument, provided that said Instrument is consented to by the Grantee m writing
as evidenced by a certified copy of an ordinance or a resolution adopted by the
governing body of the Grantee, after a pubhc hearing before the Grantee which was
adverttsed pursuant to the provisions of Section 15 2-2204 of the Code of V[rg[ma,
1950, as amended Said ordinance or resolution shall be recorded along with said
Instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
The Grantors covenant and agree that.
(1} The Zoning Adm[mstrator of the City of Virginia Beach, Vlrg[ma, shall
be vested with all necessary authority, on behalf of the govermng body of the C~ty of
Virginia Beach, Vlrglma, to administer and enforce the foregoing conditions and
restrictions, including the authority {a) to order, in writing, that any noncomphance
with such conditions be remedied, and {b) to bring legal &CtlOn or suit to insure
comphance with such conditions, Including mandatory or prohibitory re]unction,
abatement, damages, or other appropriate action, suit, or proceeding;
PREPARED BY
SYKES, CARNESBOURDON
& AHERN PC
ATTORNEYS ATLAW
BKL 51 PG06'75
(2) The failure to meet all condmons and restrlctaons shall constitute
cause to deny the ~ssuance of any of the reqmred building or occupancy permits as
may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, the Grantors shall petition the governing body for the
review thereof prior to ~nstitutmg proceedings m court, and
(4) The Zoning Map may show by an appropriate symbol on the map the
emstence of conditions attaching to the zomng of the Property, and the ordinances
and the condlt~ons may be made readily available and accessible for pubhc
mspectaon m the office of the Zoning Administrator and in the Planning Department,
and they shall be recorded in the Clerk's Office of the Circuit Court of the C~ty of
V~rglnm Beach, V~rglnm, and indexed ~n the names of the Grantors and the Grantee.
PREPARED BY
SYKES, CARNES. BOURDON
& AHERN, PC
A'I'I'ORNEYS AT LAW
WITNESS the following s~gnature and seal:
/
/y~ola Clementme Carrmgt~D~ ,eased /
/
STATE O~ VIRGINIA
The foregotng ~nstrument was acknowledged before me th~s ~C vg_' day of
February, 2001, by Leon T Carnngton, Sr, Executor of the Estate of V~ola
Clementane Carnngton, Deceased.
My Commission Expires
otar~Pubhc
[ '
PREPARED BY
SYKES, CARNES, BOURDON
& AHERN PC
ATI'ORNEYS AT LAW
BK L, ~ 5 L~ PO 0 6 '7 '7
WITNESS the following signature and seal.
GRANTOR:
R~ganto, L.L.C.,
a Virg~ma hmzted habfl~ty company
STATE OF VIRGINIA
~s M. Arnhold, Managing Member
CITY OF VIRGINIA BEACH, to-wit:
The foregmng ~nstrument was acknowledged before me this-f---~f day of
February, 2001, by James M Arnhold, Managing Member of R~ganto, L.L.C, a
V~rg~ma hm~ted habfl~ty company
ary Pubhc
My Comm,ss,on Expires' ~ :/.cZ.
[ [
8K 5kPG06 78
EXHIBIT "A'
All those certazn pieces or parcels of land, wtth the bulldtngs and ~mprovements
thereon, lying, s~tuate and being in the City of Vlrglma Beach, V~rglma, and being
known, numbered and designated as Parcel 428 and 429, as shown on that certain
plat enntled "Boundary Line Survey of Shirley A Buckner, John Walter Carrmgton,
V~ola C. Carrmgton, etc.", made by John E S~nne and Associates, Ltd, which plat
~s duly recorded m the Clerk's Office of the C~rcmt Court of the City of V~rg~ma
Beach, Vtrgm~a, m Map Book 152, at Page 32.
SAVE AND EXCEPT that portion of the property conveyed to the City of Virginia
Beach m Deed Book 3319, at Page 1124.
GPIN NO.' 1495-04-6715-0000
CONDREZN/RIGANTO / CARRNGTN/PROFFER
PREPARED BY
SYKES, CARNES. 8OURDON
& AHERN, PC
ATTORNEYS AT LAW
RECORDED WITH
CE2T!FICATE ANNEXFO
21]01JL-9 AMIO:
§ 58 I r_,'3,,.. I,,-
VIRC, I,'qlA .;E A' ,' , o,
TESTE '/ ~
- 30-
Item V-J. 1.
APPOINTMENTS
ITEM # 48401
BY CONSENSUS, City Councd RESCHEDULED the followtng APPOINTMENTS:
PARKS AND RECREATION COMMISSION
SOCIAL SER VICES BOARD
July 3, 2001
- 31 -
Item V-J.2.
APPOINTMENTS
ITEM # 48402
Upon NOMINATION by Vtce Mayor Sessoms, Ctty Counctl APPOINTED
Mary Almaguer
Unexpired term thru 12/31/02
COMMUNITY SER VICES BOARD
[This appointment follows the nomination of this appointee in
accordance with the State Code regulating Community Services Boards.]
Vottng 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
July 3, 2ool
- 32 -
Item V-L. 1.
NE W BUSINESS
ITEM # 48403
Mayor Oberndorf referenced the VIRGINIA MUNICIPAL LEAGUE wtll hold tts Annual Conference,
October 14 - 16, 2001, at the Virginia Beach Convention Center Ctty Counctl wtll cancel the thtrd Tuesday
Workshop to allow all Counctl members to attend VML
July 3, 2001
- 33 -
Item V-M. 1.
ADJOURNMENT
ITEM #48404
Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 6:25 P.M.
Chtef Deputy Ctty Clerk
City Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
July 3, 2ool