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HomeMy WebLinkAboutOCTOBER 9, 2001 MINUTESC iI.v Of Virginia F;each "COMMUNITY FOR A LIFETIME" CITY COUNCIL ~-44YOR MEYERA E OBERNDORF, At-Large - MAYOR WILLIAM D SF_.3SOMS, JR, At-Large /OOD 0 BRANCH, III, Beach -Dtstnct 6 :~.,RGARET L EURE, Centervdle -Dtstnct l WILLIAM W HARRISON, JR, Lynnhaven -Dtstrtct 5 BARBARA M HENLEY, Pnncess Anne -Dtstnct 7 LOUIS R JONES, Baystde -Dtstnct 4 REBA S McCLANAN, Rose Hall -Dtstnct 3 ROBERT C MANDIGO, JR, Kempsvdle -Dtstnct 2 NANCY K PARKER, At-Large ROSEMARY WII~ON, At-Large JAMES K. SPORE, Ctty Manager LESLIE L LILLEE Ctty Attorney RUTH HODGES-SMITH, MMC, Ctty Clerk CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE (757) 427-4304 FAX (757) 426.5669 EMAIL. Ctycncl~ctty vtrgtnta-beach va us October 9, 2001 CITY MANAGER'S t~RIEFINGS - Conference Room - 1:00 PM A. THEATRE - Preliminary Recommendations Marcy J. Sims, Chair, Performing Arts Theatre Steering Committee and Director of Public Libraries Elissa O. Getto and Padrino L. Fisher, Theatre Project Consultants Duncan M. Webb, Webb Management Services Bo HEALTH CARE 2002 - EINSTEIN Lab - School. Adtm~iR~on Building Susan D. Walston, Chief of Staff for City Victoria L. Lewis, Chief Financial Officer for Schools 2:00 PM C. FLOODPLAIN REGULATIONS - Conference Room- Charles G. Hassen, Development Services Center Coordinator 3:15 PM ri. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room- 4:30 PM A. CALL TO ORDER- Mayor Meyera E. Oberndorf g. C. ROLL CALL OF CITY COUNCIL RECES~O ~~-E~$ESSION · V. FORMAL SESSION - Council Chamber- 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Jeffrey Bell Providence Presbyterian Church Co PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCII~ E. IJERTIFICATION OF CLOSED SESSION 1. INFORMAL & FORMAL SESSIONS October 2, 2001 AGENDA FOR FORMAL SESSION The Consent Agenda will be determtned during the Agenda Review Session and constdered in the ordmary course of business by Ctty Council to be enacted by one motion. Ho MAYOR'S PRESENTATION 1. Recognition of BIZNET- Kentucky Avenue Project I. PUBLIC COMMENT PERIOD Jo 1 2002 Community Legislative Agenda PUBLIC HEARINGS REDISTRICTING - Reapportionment of City Council and School Board Residence Districts. VACATION OF EASEMENTS re Qmtclmm to 2044 Lynnhaven Parkway re drmnage and power. K. ORDINANCESfRESOLUTIONS Ordinance to AUTHORIZE the City Manager to execute a Deed of Vacation and Qtfit'cIaiff~'re drainage and power easements on property owned by Old Brandon Lynnhaven Associates, L.L.C. at 2044 Lynnhaven Parkway. (DISTRICT 1 - CENTERVILLE) Ordinance t~'APPRQPRIATE $393,617 from the Virginia Department of Medical Assistance Services g~t.$22,320 from client fees to the FY 2001-02 operating budget of the Department of Mental Health, Mental Retardation and Substance Abuse Services (MHMRSA) re increased services to clients; and, add 20.46 full t~me positrons m MHMRSA. Ordinance to APPROPRIATI~ $125,000 for the purchase of timber rights from William Massey Logging re Mary Virginia Green Matthews' property located in the Nimmo Church area; TRANSFER $125,000 for tins purpose; and, AUTHORIZE the City Manager to enter into an agreement to purchase these timber rights. W STmCT 7- mNCESS Ordinance tt~APPROPRIATI~ $46,504 from the Arts and Humanities Commms~on Special Revenue Fund to the FY 2001-02 operating budget for d~spersement to local organizations. 5. Ordinances to A,LII'HORIZE temporary encroachments: TRITON PCS PROPERTY COMPANY, L.L.C. - A leased portion of the Dominion Virginia Power easement and City property re Recreation area - Rosemont Forest. (DISTRICT 1 - CENTERVILLE) ,,~ OSCAR L. EVERETT, III/OIL EQUIPMENT PROPERTIES - A portion of o,-/,, the City's variable width drainage easement at 2530 Lynnhaven Parkway to /~ ' .~P"O~ construct a car wash, asphalt parking, curbing, vacuum faciht~es and drmnage L. PLANNING  APPEAL to decision of Administrative Officers by John M. Barber re certmn elements of the Subdivision Ordinance, Section 4.4(b), that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) at the northeast comer of Birdneck Road and Olds Lane. /~~ A.~ ~ (DISTRICT 6- BEACH) Recommendation: APPROVAL ---~ Applications of THE FRANCISCUS CO. on the south side of Elbow Road, east of Indian River Road, contmning 35.9 acres more or less: (DISTRICT 7-PRINCESS ANNE) ~ L~ ~//-/?' (a) Va_riance to § 5B Site Plan Ordinance, Floodplain. Regulations for the purpose, of manor filling. ._ ~ ~ ~ ~ ~ ~'~ Condittonal Use Permit re Open Space Promotion and development of thirty- four (34) single family dwelling umts._~~~-') Recommendation: APPROVAL Application of MICHAEL D. SIFEN, INC., for a Conchttonal Use Permtt re mini- warehouses at the west side of General Booth Boulevard, 550 feet more or less north of Dam Neck Road, containing 4.6 acres. (DISTRICT 6 - BEACH) Recommendation: APPROVAL I II I preparation facility on the east side of Sykes A'~~enue7 ~oou-~'~-~ Southern Boulevard (124 Sykes Avenue), containing 3 acres. (DISTRICT 6 - BEACH) Recommendation: APPROVAL -----~ ~ Application of KBBK INV. LLC, for a Conditional Use Permit re mini-warehouses on the south side of Virginia Beach Boulevard, west of Maxey Drive, containing 1.904 acres. (DISTRICT 6 - BEACH) ~ZL-'Lt/ff,,, ~ ~ -'---x-~ ~a v- Cdb/b ~. ~t,~.~~,-a Recommendation: APPROVAL -----> ~(,~ ~t'Z/"'"'~ Application of TAMAYA CHEMICAL CORPORATION for a Change of Zontng District Classification from R-7.5 Residential to Conditional O-1 Office on the north side of Old Virginia Beach Road, east of Birdneck Road (1008 Old Vxrgima Beach Road), containing 28,923.84 square feet. (DISTRICT 6 - BEACH) Recommendation: APPROVAL Application of OCEANA ASSOCIATES, L.L.C. for M~..'_~at~on,:.ofConditions on a Change of Zoning District Classification from R-SD Residential Duplex to Conditional I-1 Light Industrial at 3200 Dam Neck Road to allow mira-storage conversion of the portion of property previously approved as office-warehouse on September 14, 1999. (DISTRICT 7 - PRINCESS ANNE) Recommendation: APPROVAL M. No O. OOVERNORS ' / UNFINISHED BUSII~ESS NEW BUSINESS P, 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) 10~05~01 gw AGENDA\ 10\09\01 www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL V~rg~ma Beach, V~rg~ma October 9, 2001 Mayor Meyera E Oberndorf, called to order the Ctty Manager's Briefing re recommendattons from the Steering Commtttee concermng the questton of relocating the THEATRE tn the Ctty Councd Conference Room, City Hall Bud&ng, on Tuesday, October 9, 2001, at 1 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 Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wtlhams D Sessoms, Jr and Rosemary Wdson Counctl Members Absent None -2- CITY MANAGER'S BRIEFING THEATRE 1:00 P.M. ITEM #48 73 7 The Ctty Manager tntroduced Martha J &ms, Director of Pubhc Ltbrartes and Chatr- Performing Arts Theater Steering Committee. In June of thts year, the Ctty tssued a Request For Proposal (RFP) to conduct a needs assessment of the arts orgamzattons and the commumty relattveposstble replacement of the Pavthon theater Based on the communtty needs assessment, the consultants were requested to develop a butldtng program outhntng the type and stze of the facthty recommended and to spectfically evaluate the Town Center stte as a potential locatton for the theater, plus provtde some general construction and operattng costs assoctated wtth the recommendatton Seven (7)proposals were recetved from consultants Theatre Projects Consultants was selected, who partnered with Webb Management Services to conduct the study Mrs &ms recogmzed the Members of the Performing Arts Steering Committee: Elhott Jones Co-Chatr Arts and Humantttes Commtsston John M Ryan Arts and Humantttes Commtsston Steve Thompson Chtef Ftnanctal Officer Pamela Ltngle Courtney Dyer Mary Colhns Conventton and Vtsttor Development Everette Herndon Aaron V/ebb Pubhc Works Mark Wawner Economtc Development Betsy McBrtde Mecha and Communtcattons Mac Rawls Emtly Sprmll Museums and Cultural Arts Carolyn Orchtd Prestdent- Cultural Alhance Mrs. &ms tntroduced Ehssa 0 Getto and Padratc L Fisher, Sentor Consultants - Theatre ProJects Consultants, and Duncan M Webb, Prestdent- lVebb Management Servtces Ehssa Getto advtsed Theatre ProJects Consultants and Webb Management Servtces are pleased to present recommendattons on a replacement for the Pavilion Theater Theatre Projects Consultants are theatre destgners to the world wtth over 800projects in more than 40 countrtes. Webb Management Servtces ts a management consulttng practice for the development and operation of performing arts facthttes Representattve theaterprojects are the Cerritos Center-Los Angeles; Performing Arts Center- University of Maryland; California Center for the Arts; Hilton Head Playhouse; North Shore Center for the Arts;and, Kodak Theatre (new home for the Academy Awards scheduled to open this Fall). Webb Management Servtces ' work tn this regton commenced tn Hampton tn 1994, leadtng to the restoratton of the American Theater Webb Management Servtces also wrote the business plan for the proposed performtng arts center at Christopher Newport University and are currently active at both Virginia Tech and George Mason University. October 2, 2001 -3- CITY MANA GER 'S BRIEFING THEATRE ITEM #48 73 7 (Continued) PROJECT MISSION Needs assessment of · The commumty and market · Local arts organizattons · Local and regional facdibes Develop preliminary space program for Pavilion Theatre replacement Develop preliminary capital budgets Estimate annual funding requirements Town Center site analysis Develop recommendations WHAT KIND OF FACILITY SHOULD REPLACE THE PAVILION? IS TOWN CENTER AN APPROPRIATE SITE? METHODOLOGY Interviews - over 75 Organizational questionnaires Website Community input Public forum - over 120 on Sept. 13 189 Project participants Demographics research Market analysis Facility inventory and analysis Program development Recommendations Duncan M Webb advtsed fundamental dectstons to butld new factltttes must be butlt on careful constderatton of four tssues Audtence Users Enough acttvtty to justtfy expendtng funds to butld and sustatn the facthttes Extsttng facthttes servtng the Hampton Roads regton and what ts mtsstng October 9, 2001 -4- CITY MANA GER 'S BRIEFING THEATRE ITEM g48 73 7 (Continued) The Market FINDINGS Strong demographics · Population growth · Ethnically diverse ·Young ·Affluent · Well educated Regional residents - high propensity to participate. Current audiences are concentrated in Virginia Beach. Non-resident audience potential is important for future growth Local Arts Organizations Need and want access to new and better facilities Need facfl~bes for rehearsal, preparation and teaching Are ~n a somewhat fragile state Require reasonable rental costs Regional organizations Would use new facilities to gain access to Virg~ma Beach audiences Regional and national presenters ~ Want access to audiences in V~rg~ma Beach Most users are happy with the Pavilion size and the staff, and are concerned with replacement size and "downtime." VIRGINIA BEA CH FA CILITIES Current facilities are inadequate for current needs, let alone prospective needs. Few facilities are equipped for multiple programs or users. School facilities are good, but access is limited. School facilities lack quality performance equipment. Many local arts groups are hesitant to use school facilities due to issues of image, accessibility and quality of facility. Without the Pavilion, there is no theatre in Virginia Beach between 268-2,000 seats. October 9, 2001 -5- CITY M/INA GER 'S BRIEFING THEATRE ITEM g48 73 7 (Continued) Replacement of Pavilion Theatre Replace the Pavilion with a hall of up to 1,200 seats because: The market area ~s larger, denser, and more favorably d~sposed to arts participation compared to what ~t was when the Pawhon was budt larger hall fills a s~gmflcant gap ~n the regional ~nventory of facd~bes New facdlbes typically have a s~gmflcant ~mpact on attendance levels, often ~n the range of 20% to 40% The challenge wdl be strengthemng and prepanng local art groups for new and better facd~t~es, which we beheve to be an achievable goal Padralc L Fisher, retterated the space requtrements of the recommended facdtty A facthly between 1,000 and 1,200 seats ts Theatre ProJects Consultants and Webb Management Servtces' recommendanon The Consultants generally break these spaces down tnto seven (7) dtfferent components public spaces, performance spaces, stage support, performer support, rehearsal space, admtntstranve offices, and, servtces SPACE PROGRAM 1,200-SEAT FACILITY Rm # Name Net SF Gross SF 100 Pubhc Spaces 15155 200 Performance Spaces 20802 300 Stage Support 3500 400 Performer Support 4650 500 Rehearsal Space 2640 600 Adm~mstrabon 4120 700 Services 1450 TOTAL PROGRAMMED AREA 52,317 59,848 nsf gsf Non-programmed Areas C~rculabon 15% 12,556 Mechamcal and Electrical 10% 8,371 Inaccessible 3 50% 2,930 Total Net Area Total Gross Area (times 1.6) 52,317 83,707 83,705 PA VILION IN COMPARISON TO PROPOSED 1,200-SEAT PAVILION THEATRE - SPACE PROGRAM ESTIMATES Rm # Name Net SF Gross SF 100 Pubhc Spaces 11,813 200 Performance Spaces 11,580 300 Stage Support 9,220 400 Performer Support 2,172 500 Rehearsal Space 1,848 600 Adm~mstrabon n/a 700 Ser~ces 2,718 TOTAL MEASURED SPACES 39,351 Passages & Lost Spaces TOTAL NET MEASURED Sq. Feet Total Gross Area 6,080 45,431 ?? Today's standards @ ,, 6 October 9, 2001 -6- CITY MANA GER 'S BRIEFING THEATRE ITEM g48 73 7 (Continued) 1,200-SEAT FACILITY Rm # lOO 200 300 400 500 600 700 Name Net SF Gross SF Pubhc Spaces 15,155 Performance Spaces 20,802 Stage Support 3,500 Performer Support 4,650 Rehearsal Space 2,640 Ad m m ~strabon 4,120 Services 1,450 TOTAL PROGRAMMED AREA 52,317 59,848 nsf gsf Non-programmed Areas C~rculat~on 0 12,556 Mechamcal and Electncal 0 8,371 Inaccessible 0 2,930 Total Net Area Total Gross Area (times 1.6) 52,317 83,707 83,705 CAPITAL COSTS COMPARISON Order-of-magnitude programmatic cost analysis 800-seats 1,000-seats 1,200-seats Gross Sq. FeetI 64,506 74,106 83,707 Construcbon Cost (per GSF) Scenano'i $200 $ 12,901,200 $ 14,821,200 $ 16,741,400 Scenario2 $250 $ 16,126,500 $ 18,526,500 $ 20,926,750 Scenario3 $300 $ 19,351,800 $ 22,231,800 $ 25,112,100 Scenario4 $350 $ 22,577,100 $ 25,937,100 $ 29,297,450 Performance Equipment and Seating Scena'n(~l 12%~3onstrucbon $ 1,548,144 $ 1,778,544 $ 2,008,968 Scenario 2 12% Construcbon $ 1,935,180 $ 2,223,180 $ 2,511,210 Scenario 3 12% Construcbon $ 2,322,216 $ 2,667,816 $ 3,013,452 Scenario4 12%Construction $ 2,709,252 $ 3,112,452 $ 3,515,694 FF&E, General, Overload, Fees, Insurance, etc Scenario 1 33%Construction $ 4,257,396 $ 4,890,996 $ 5,524,662 Scenario 2 33% Construction $ 5,321,745 $ 6,113,745 $ 6,905,828 Scenario 3 33% Construcbon $ 6,386,094 $ 7,336,494 $ 8,286,993 Scenario 4 33% Construcbon $ 7,450,443 $ 8,559,243 $ 9,668,159 ProJect Costs - Not ~nclud~ng Land Acqu~s~bon Scenario1 $ 18,706,740 $ 21,490,740 $ 24,275,030 Scenario2 $ 23,383,425 $ 26,863,425 $ 30,343,788 Scenario3 $ 28,060,110 $ 32,236,110 $ 36,412,545 Scenario4 $ 32,736,795 $ 37,608,795 $ 42,481,303 Mr Ftsher advtsed the Pros and Cons for a Facthty under 1, O00-seats Pros · Lower construction cost · Potentially lower operational costs · Intimacy of theatre · Usage by smaller arts organizations Cons · Expectations · Revenue Impact · Arts organization needs · Smaller than Pavilion · Audience Size · Frequency off Events · Usage by promoters October 9, 2001 -7- CITY MANA GER 'S BRIEFING THEATRE ITEM g48 73 7 (Continued) PRELIMINARY ES TIMA TED OPERA TING COSTS >Operating budgets and funding requirements are difficult to "ball- park," given' · Impact of presenting · Variability of rent · Level of activity. >Estimated annual funding requirement for a 1,200-seat hall $750,000 · Strong regional use · Moderate level of presenting activity >Further development of more precise estimates of operating revenues and expenses are recommended. >A key element of determining operational budgets is the ability of local arts groups to pay for access to new and better facilities. Relattve the feastbthty of the Town Center stte, the components entad retatl, office, restaurant and restdenttal Concermng the project status, the hotel dectston ts delayed unttl January 2002 as there ts a recent economtc downturn TO WN CENTER SITE Pros · Prescribed facility fits on the site · Central location · Proximity to amenities · Proximity to regional audiences · Existing public/private partnership Cons -Traffic .Distance · Process and time constraints · Expansion capabilities · Recent downturn of economy · Hotel decision · Vulnerability to market trends · No consensus · Lack of exploration of other options Ms Getto retterated how the needs of the Virginia Beach Symphony comply wtth the recommendation A venue of approxtmately 1600 - 1900 seats acousttcally excellent would be tdeal for the Symphony A First Class Pavilion Theatre replacement of approxtmately 1,000 - 1,200 seats would enable the Symphony to sustatn tts current level of performance tn I/'lrgtnta Beach, but would not be requtstte for a full conttngent symphontc program To address the symphony needs for a concert hall, the larger stze, usually partnershtps wtth educattonal tnstttuttons or other tnstttuttons are essential Partnershtps may be posstble tn I~trgtnta Beach tn the future, but the consultants do not see them fully developed at thts ttme For the long term, the Consultants recommend the development of a 300-500 seat multi-purpose venue for communtty groups and emergtng arts organtzattons The Consultants also advocate the development ora larger (2,500 to 3,000- seat) commerctal theatre tn the Oceanfront area, subject to havtng a partner who brtngs product, promottonal sktlls and fundtng to the project It ts clearly understood the first prtortty ts a suttable and would be a timely butlt replacement for the Pavilion Theatre. October 9, 2001 -8- CITYMANAGER'S BRIEFING THEATRE ITEM 114873 7 (Continued) The NEXT STEPS would entatl Formulatton of a detatled Operating Pro Forma (expenses and revenues) Investigating alternate sites for replacement of the Pavilion Theatre The Arts Organtzattons, tntervtews and responses of the Pubhc Forum tn&cate there ss not a consensus on the locatton of the replacement Theatre The scope of the Consultants was specifically hmtted to the Town Center stte, however, the team strongly advocates the City revtew other opttons tn a ttmely manner to replace the Pavilion Theatre If the Ctty dectdes to go thts route, the Consultants would be able to co-ordtnate very easily wtth SOM, as both of the firms have worked wtth them tn the past Detailed construction cost analysis is required Thts analysts would requtre defimng the stte, number of seats, the amentttes, determmatton of square foot costs, the fintshtng and further definttton of needs tn terms of the approprtate amount of spaces In order for the Ctty to move forward confidently, and as part of the further development of these recommendattons, st ss advtsable to conduct a fund raising analysis. The butMtng of a Theatre ss usually accomphshed by a pubhc-prtvate partnershtp and the strength of such a partnershtp wtll be a defintngforce tn the final determmatton of the type and cost of the facthty to replace the Pavilion Theatre. The Pavilion Theatre has been a proud and effecttve part of the growth of the Ctty of Vtrgtnta Beach and tts extsttng Conventton Center. Its tmpact ss wtde spread, not just tn Vtrgmta Beach but tn greater Hampton Roads The Theatre has nurtured the creattve sptrtt of numerous arts organtzattons all eagerly lookmg forward to a Theatre to carry them tnto the future, one whtch they wtll treasure and promote The Pavthon Theatre's replacement needs not only to address the current needs of the culture communtty tn thts area, st needs to propel the Arts organtzattons tnto developing thetr vtstons tnto a greater level ofust as the City's Conventton Center will be an tcon for Vtrgtnta Beach for decades to come, so should the Theatre Ms Getto advtsed st ss notposstble toplace the tradtttonal users of the Pavilion Theatre tn a 2500 to 3500- seat Theatre, and expect any quahty for esther the audtence or the performer The trend to have huge performtng arts complexes has been supplanted by tnchvtdual butldtngs tn esther a campus envtronment or tn vartous parts of the City as thts can sttmulate economtc growth Mr Ftsher advised the constructton costs do not tnclude land acquisition or parking Mr Ftsher advtsed tn many tncubator spaces for arts groups, there are small cubtcle spaces Approxtmately 100 square feet was allocated per person (approxtmately etght (8)for thts type of desk space) Work space would encompass some type of communal room wtth support equtpment, supphes, etc Mr Webb satd office spaces are based on need and cost There ss approxtmately 1,000 square feet of play tn thts concept Mr Webb advtsed the determtnatton of the allocated space and cost ss tn the bustness planntng exerctse to be undertaken Ms Getto said they do not wtsh to create expectations that cannot be fulfille, d Ms Getto advtsed the Theatre would mtntmally be a two-story butldtng Mr Webb noted, to sustatn the Theatre, there wtll be an annual fundmg requtrement of approxtmately $750,000. None of these butldmgs, wtth the exceptton of Myrtle Beach and Branson, Mtssourt, cover thetr operattng costs Typtcally, st ss between 40% to 80°/6o, somettmes even 90°/6o Mrs. &ms advtsed the cost of the study was approximately $60,000, whtch does not include expenses (approxtmately $20,000). The second phase would be potenttally an addtttonal $60,000. Approxtmately $150,000 was authortzed by Ctty Counctl for the studtes BY CONSENSUS, Theatre ProJects Consultants and Webb Management Servtces shall move forward with Phase H of the study operattngpro forma, alternate stte analysts, detaded constructton cost analysts, fund ratstng analysts, and, the conttnutng study to the Town Center site October 9, 2001 -9- CITY MANA GER 'S BRIEFING HEAL TH CARE 2002 SCHOOL ADMINIS TRA TION BUILDING EINSTEIN LAB 2:40 P.M. ITEM #48 738 Chatrman Darnel D Edwards, Vtrgtnta Beach School Board, called to order the Joint City and School Briefing re HEAL TH CARE 2002 tn the EINSTEIN lab of the School Admtntstratton Buthhng on Tuesday, October 9, 2001, at 2 40 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 Man&go, dr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlhams D Sessoms, Jr and Rosemary Wtlson Counctl Members Absent None School Board Members Present D A "Al"Ablowtch, Jane S Brooks, Chatrman DamelD "Dan"Edwards, Nancy D Guy, Dan R Lowe, Netl L Rose, Sandra Smtth-Jones, Mtchael W Stewart and Jerrt M Tata School Board Members Absent Vtce Chatrman Arthur T Tate and H Les Powell, Jr October 9, 2001 -10- CITY MANA GER 'S BRIEFING HEALTH CARE 2002 ITEM #48 738 (Continued) Vtctorta Lewis, Chtef Ftnanctal Officer for Schools, advised she and Susan D Walston, Chtef of Staff for the Ctty of Vtrgtnta Beach, wtll be provtdtng tnformatton relattve Health Insurance Renewals for 2002. Mrs Lewts advtsed the Health Insurance Renewal Committee consisted of (Ctty) Susan Walston, Chtef of Staff Fagan Stackhouse -Dtrector of Human Resources, Catheryn Whttesell -Dtrector of Management Servtces, and (Schools) Gretna Smtth- Asststant Supertntendent for Human Resources, Vtctor~a Lewts- Chief Ftnanctal Officer, and, Lynn Sachs -Coordtnator Health Plan 2002 Total eligible employees: Total participating employees: Total Members: 96% of participants in the 2 HMO products 51% of participants in the Trigon Healthkeepers HMO 49% are employee only coverage 16,000 approximately 13,000 approximately 28,000 approximately Plan Year 2002 January 1, 2002 - December 31, 2002 Projected 2002 Costs $ 54,000,000 2001 Premium Revenue $ 46,400,000 Amount needed for premium increase $ 7,540,000 Percentage increase 16.2 % Claims and cost data from the last year and a portton of thts year's data were used to project the cost for the 2002 Plan Year Cost trends specific to Ctty and Schools are generally used tn thts projectton due to the fact that the stze of our group ts constdered a large enough group that the clatms are constderably cre&table ProJected future costs are compared to projected current revenues tn order to determtne the amount of premtum tncrease that should be collected Thts process ts the same whether you are a fully tnsured envtronment or tn a self-tnsured environment In etther scenarto next year's premtums must cover not only next ),ear's cost, but any shortfall that may extst from the current year The actual clatm's expertence for 2001 has not held up to the projecttons made last year There was an tnct ease tn cost from both medtcal and drugs that began to appear tn clatms around March 2001 and has proven to be the begtnntng of a trend rather than an aberratton and expertence Accor&ng to our consultants, thts tncrease has been expertenced virtually across-the-board The esttmate of the projected cost for 2001 Plan Year and the examtnatton of the parttcular medtcal and drug trends tndtcates the Target Funding Level for 2002 should be approxtmately $54-MILLION The 2001 Premium Revenues wtll be approxtmately $46.4- MILLION. Therefore tn order to fund the costs for 2002, there wtll be the need for an increase of total revenues collected by about $7.5-MILLION or a 16.2% increase In order to fund thts amount, the Commtttee dtscussed several alternattves The Commtttee agreed that the premtum tncreases would be plan spectfic The Sentara HMO and the Trigon PPO would have premium increases of 23% and Trigon HealthKeepers HMO would increase 7 ~ %. October 9, 2001 -ll- CITY MANA GER 'S BRIEFING HEAL TH CARE 2002 ITEM g48738 (Continued) Plan Year 2002 Estimated 2002 costs Premium revenue Shortfall Employer Potion (increase of $120 from $2,400 in 2001) $ $4,ooo, ooo $ 53,389, 72s $ 610,275 $ 2,520 The Commtttee recommends the shortfall be funded with a one-ttme tnfuston of cash Thts would requtre approximately $386,915 from the Schools and $223,360 from the Ctty Stacy Vtles, Vtce Prestdent of Sales - Opttma/Sentara Health Plans, advtsed these presentattons are also avatlable on the Intranet The National Picture Costs for health care servtces rose dramattcally Provtders deman&ng higher payments Reductton tn carrters due to mergers Pattent Btll of rtghts Thts wtll set the standard for healthcare coverage Provtdes for certam requtred benefits Health Insurance Portabthty & Accountabthty Act (HIPAA) New prtvacy regulattons regarding confidenttahty Addtttonal cost wtll be tncurred to update hardware and reconfigure work spaces The State View Employers tn Vtrgtnta are expertenctng premtum tncreases of 20 to over 50% Benefits requtred by the state (mandated Benefits) add cost to health plans Vtrgtnta ts 2"d tn terms of number of mandates t e Mental Health Partty (requtred that mental tllness be covered exactly hke mechcal tllnesses ) Reductton tn networks Health plans are forced to exclude certatn provtders due to requested mcreases Hampton Roads Region Provtders fighttng back Phystctans and hospitals are demandtng higher retmbursement for medtcal servtces rendered Health plans streamhne benefits Reductng benefits to offset premtum tncreases Open Access Products Emergtng Allows for access to spectahsts wtthtn a network wtthout a referral, thereby increasing costs October 9, 2001 - 12- CITY MANA GER 'S BRIEFING HEALTH CARE 2002 ITEM #48 738 (Continued) Optima Health Plan All covered Optima Health Plan members Comparing 200 to June of 2001 Impatient costs relattvely stable Outpattent costs up 16 1% Prtmary Care Phystctan (PCP) costs up 15 8% Spectahsts costs up 12 6% Pharmacy costs up 5 - 6% City of Virginia Beach and Virginia Beach City Public Schools Reflects actual claims experience for your group Comparing 2000 to June of 2001 Impattent costs rose 15% Outpattent costs are up 33% Professtonal Medtcal costs up 26% Thts includes all me&ca care wtth the exception of lmpattent, Outpattent, Mental Health and Pharmacy Pharmacy Costs up 22% Total Health Care Costs up 24% City of Virginia Beach and Virginia Beach City Public Schools Professional Medical Services Actual claims experience for your group Costs for group are 74% htgher costs than Opttma's plan average 19% more prtmary Care Phystctan vtstts than year 2000 43% more Spectahsts VtSttS than year 2000 32% more lab and dtagnosttc tests than year 2000 City of Virginia Beach and Virginia Beach City Public Schools Actual Pharmacy costs for group compared to Optima's plan average 39% htgher cost per prescrtptton 3 8 more prescrtpttons per member per year 5 1% more brand name drugs (2nd tter) 2% more premtum drugs (3rd tter) Sentara's Philosophy on Controlling Costs Increase consumer awareness Mathngs and programs tatlored to each members specific needs Revtse benefit plans to tnvolve consumer Creattve provtder contracttng Long term contracts Contract wtth an exact prtce for a spectfic procedure Educate phystctans on "best practtces" Aggresstve dtsease management Incent members to be accountable for thetr chromc dtsease processes Phystctan educatton Chntcal reports wtll show compartsons to "best practtces" and thetr peers October 9, 2001 - 13- CITY MANA GER 'S BRIEFING HEAL TH CARE 2002 ITEM g48 738 (Continued) National Trends & Strategies to Control Cost Why are Costs Rtstng? Increased uttltzatton Push back from the provtder commumty - after years of no tncreases, provtders are requesttng addtttonal retmbursements New technologtes New drugs Ttered networks Prtce dtfferences from phystctans or facthttes that the member may choose from Defined Contrtbutton Gtves employee a certain amount of money that they can use towards the purchase of the health plan they choose Ronnte Mdhgan, Vtce Prestdent, Major Accounts and Sales - Trtgon Blue Cross and Blue Shteld, National Health Care Costs and Trends Htgher than expected rate tncreases for 2002 (some plans wtll tncrease 20% or more) Agtng populatton factng more chrontc condtttons heart &sease arthrttts diabetes Demand for servtces tncreastng due to more tnformed consumers Managed Care Pushback Hospttals and phystctans demandtng htgher fees Prescrtptton Drug costs tncreastng due to new drugs comtng on the market dtrect adverttstng to consumers Virginia Hampton Roads Health Care Costs and Trends Increases expected to be tn the range of 18 to 20% Increastng use of tmpattent facthty transplants treatment of heart and resptratory con&ttons premature btrths Increased use of outpattent servtces, such as surgertes and dtagnosttc tests (MRIs) Advances tn me&cai technology have led to an tncrease tn spectahty servtces orthopedtc servtces such as knee and htp replacements bone scans Trigon/~ealthKeepers Customer Costs and Trends All components of mechcal costs increased by about 7% tn 2000 Drug tnflatton rate was half the nattonal average Three-tier drug program holdtng costs down Renegottated contract wtth Merck-Medco (mad order pharmacy vendor) Inpattent Hospital expense per admtsston up 7%from the prtor year Outpattent Hospttal expense per case down 1%from prtor year Provtder office servtces up approxtmately 10% compared to the prtor year October 9, 2001 - 14- CITY MANAGER'S BRIEFING HEAL TH CARE 2002 ITEM g48 738 (Continued) City of Virginia Beach and Virginia Beach City Public Schools Claims Costs and Trends Total clatms up 6% to $21 4-MILLION for the current year compared to prtor year Pharmacy costs up 16% to $3 5-MILLION for the current year Impatient Facthty costs per admtsston up 21% compared to the prtor year Outpattent Facthty costs up 8% compared to the prtor year Doctors vtstts- average cost per servtce up 7% compared to prtor year What Trigon/7-lealthKeepers is doing to contain costs Outpattent hospital "fixed fee" program -paying a set fee for outpattent services whether at a hospttal, chmc, surgery center, or doctor's office Best practtces treatment gutdehnes - Help phystctans tdenttfy more effecttve ways to provtde care Reduce vartattons tn treatment practices Drug Therapy Revtews- Preventton of dangerous drug tnteracttons Prescrtber Educatton Program - tn formation program destgned to encourage phystctans ' prescrtbtng patterns toward "best value" (typtcally generic) medtctnes Genertcs First Program - provtdes phystctans wtth free genertc samples to encourage usage of genertc medtcatton tnstead of htgh cost brand name medtcattons HealthKeepers Faintly Health Program Wellness benefits Baby Benefits 24-hour nurse hne Dtsease management - program destgned to help pattents wtth chrontc tllnesses (&abetes, asthma) manage thetr condttton Susan Walston, Chtef of Staff advised the Consohdated Benefits Office has scheduled adw~nce Health Care brtefings In addttton, two more sesstons are scheduled for October 24th and October 2Y~ and are open to both Ctty and School Employees The Open Enrollment Period commences November 12th The Consolidated Benefits Office was created tn 1994 Therefore, wtth the changes tn both the schools and the ctty orgamzatton, tt ts time to revtstt the charter agreement and redefine, as well as reclartfy the roles and responstbtltttes of the Consohdated Benefits Office The Health Insurance Renewal Commtttee wtll work through the "Memorandum of Agreement"for a clartficatton of sharedphtlosophy of benefits and how the Ctty plans to move ahead tnto the future Lastly, there would be a revtew on how the Ctty wouM move forward tn the .Fear 2003. }Vtll the current contracts be renewed or wtll be the potenttal be revtewed for rebtddtng be examtned? Mrs Lewts advtsed Mayor Oberndorf and School Board Member Rose, the rates would go tnto effect January 2002 and have been budgeted tn both the City and Schools There ss no change tn the benefits plans, however, there ts a change tn the tters offered There have been requests from both Ctty and Schools to add a tter "employee plus children" Mrs Lewts advtsed School Board Member Stewart, the City and Schools do not requtre the members to be tn aparttcularplan Thts ss strtctly the employee's chotce The Benefit Plan destgn tn both HMOs ss exactly the same, however, one co-pay ss dtfferent It appears the tncrease tn the utthzatton of the Sentara Plan was htgher than the tncrease tn the utthzatton of the HealthKeepers Plan Councd Lady Wtlson noted the School rates are much htgher than the Ctty's Mrs Lewts advised the School rates are deptcted as lO-month rates The Ctty's rates reflect 12 months The Ctty and School rates are the same School Member Guy tnqutred if there would be further dtscusston concerntng Schools havtng 12- month rates Mrs Lewts advtsed there are several opttons relattve thts concept The majortty of the lO- month employees are teachers and do not all take the 24 check optton Therefore, st ss a logtsttcal mghtmare tn the new system to estabhsh all those different tables reflecttng dtfferent pay pertods School Member Guy reflected concern relattve the stze of the premtums tn a lO-month rate She requested this posstbthty conttnue to be tnvesttgated October 9, 2001 - 15- CITY MANA GER 'S BRIEFING HEAL TH CARE 2002 ITEM #48 738 (Continued) Relattve the Trtgon presentatton on Page stx re "total claims up 6% ", and then all the subsets are up more than 6%, t e "pharmacy cost up 16%", "inpatient facility costs up 21%" Mrs Lewts beheves thts ts related to the amount of each as a component to the total cost Mrs Lewts wtll provtde vertficatton of these amounts Catheryn Whttesell, Dtrector of Resource Management, advised the Ctty/Schools are also contrtbuttng a total of $610,000, in addttton to the 5% employee rate as a one-ttme tncenttve to keep the rates low Mrs Vtles advtsed Council Lady Parker relattve Sentara, tt ts doubtful there wtll be any bonuses thts year for the CEO's Mayor Oberndorf and Chatrman Edwards expressed apprectatton to the Ctty Manager, Supertntendent of Schools, the provtders and staff for their tnformatton October 9, 2001 -16- CITY MANA GER 'S BRIEFING FL OODPLAIN RE G ULA TIONS 3:53 P.M. ITEM # 48 739 Charles G Hassen, Development Services Coordtnator, advised the proposed, floodplain amendments will not stop flooding Thts wtll conttnue as the Ctty ts at the mercy of chmattc condtttons and fiat land Acttons have been taken, there have been tncreases tn fees Acttons are conttnutng to be taken through Pubhc Works to tmprove the dratnage systems Thts amendment wdl mtntmtze filhng tn the ".floodplains subject to special restrictions ". Five Major Issues Discussed During the Planning Commission Process The treatment of the Northern and Southern Watersheds These watersheds are dtfferent, as shown by the comparison table, and need dtfferent requtrements Minimum lot size requirement outside of the floodplain for lots in the ".floodplains subject to special restrictions" Extsttng undeveloped legal lots may develop tf the 1982 on-stte Sewer Regulattons are met Proposed, future lots must meet thee new mtntmum lot stze requirements outstde of the floodplatn Filling in the ".floodplains subject to special restrictions" The expanston of extsttng dwelhngs tn the floodplatn ts acceptable up to a total of 1000 square feet Agrtcultural ditch matntenance ts exempt Dratnage dttch maintenance ts exempt "Pubhc" roadway constructton ts exempt, prtvate roadway constructton ts not exempt Admtntstrattve revtew and approval ts provtded for mmor filhng tn the flood frmge, not to exceed 5°/6 of the flood frmge located on the stte Location of Best Management Practices (BMP) or Stormwater Management facilities in the ".floodplains, subject to special restrictions" and southern watersheds No change, these facthttes are prohtbtted tn the floodplatn Minimum lot size requirements for R-40 and R-30 lots The suggested amendments were removed Three Additional Issues Identified During the Planning Commission's Public Hearing Agricultural uses and structures are exempt Sectton 2 2(a) of the stte Plan Ordtnance exempts agrtcultural uses from the revtew requtrements and tn some cases, the structures does not requtre butldtng permtts October 9, 2001 -I7- CITY M/INA GER 'S BRIEFING FL OODPL/IIN RE G UL/I TIONS ITEM # 48739 (Continued) Using floodplain (flood fringe) to calculate density and to meet open space requirements Sectton 200 (a)(3) allows the use offlood frtnge for denstty, lot coverage, floor area ratio and mtntmum lot area calculattons Sectton 200(c) does not allow the use of 'floodplams subject to spectal restrtcttons" for meettng the mtntmum lot area requtrements Floodplain design and mitigation are engineering issues. The northern floodplatns are a combtnatton of natural and engmeered floodplatn The southern floodplatns are mostly natural The southern floodplams are much larger and have lower elevattons than those tn the northern potton of the Ctty The Current Ordinance mdtcates a destre to maintain natural floodplams tn the "floodplatns subject to spectal restrtcttons" In general, natural floodplams provtde storage and conveyance of flood waters, water quahty benefits, groundwater recharge, wtldhfe ha&tats an cultural resources (areas for recreatton, htstortc sttes, sctenttfic study and educattonal mstructton) Comparison of the Characteristics of rural (Southern) and Urban (Northern) Drainage Systems Rural (Southern) Influenced by wtnd ttdes Low Land elevattons Mostly natural systems with few engtneered systems Much of the land ts tn the floodplatn Many of the dratnage systems are private and controlled by agrtcultural acttvtttes Most of the sods are poorly dratned The area ts sparsely populated with low percentages of tmpervtous cover The dratnage systems do not have the capactty to handle large storm events Most of the santtary sewer systems are prtvate septtc systems (conventtonal or land managemen0 Most of the drtnktng water supphes are prtvate wells Urban (Northern) Influenced by lunar ttdes Htgher land elevattons Many engtneered and natural systems Most of the land ts outstde the floodplatn Many of the dratnage systems are' pubhc and controlled by the Ctty Most of the sods are well dratned The area ts more densely populated wtth areas of high tmpervtous cover Many of the dratnage systems have large capactttes to handle large storm events Most of the santtary sewer systems are pubhc Most of the drtnktng water supphes are pubhc October 9, 2001 -18- CITYMANAGER'S BRIEFING FLOODPLAIN REGULATIONS ITEM # 48 739 (Continued) The Ctty Attorney referenced the amendments to the site plan ordinance Each stte plan must contatn a dtsclosure of whether or not the site ss tn the floodplatn Mr Hassen advtsed there ts dtsclosure on the stte plan, however, the amendments do not contatn reference to dtsclosure of the floodplatn at the ttme of sale of the property The legal tndustry has the dtsclosure statement at clostng Mr Hassen wtll provtde copies of a realtor's contract Mayor Oberndorf expressed concern relative tnterpretatton by the buyers of the contract The Ctty Attorney suggested meettng wtth the realtors to develop a stmtlar plan to dtsclose a floodplatn as ts done wtth the AICUZ When a loan ss tnvolved tn the sale of a house, the banks always dtsclose whether the property ss tn the floodplatn Robert d Scott, Dtrector of Planmng, referenced recetpt of crtttcal correspondence from a resident of Knotts Island The wrtter beheves that the Ctty should not prohtbtt someone from butldtng thetr "dream houses", because st ss tn the floodplatn Commumcattng the property hes wtthtn the floodplatn ts the easy part, however, communtcattng the deftnttton of betng tn a floodplatn, if the property ss prone to floodmg ts the hard part Counctl Lady Henley stated tf ctttzens are allowed to butld tn areas whtch are prone to floodtng, she wishes to make sure the burden does not fall back on all the taxpayers Council Lady McClanan dtd not understand, wtth all the floodtng problems with Lake Plactd, how the adjacent development was allowed to be approved Wtll theseproposed floodplatn regulattons address these developments ? Mr Hassen advtsed additional tratmng ss necessary Mr Hassen advtsed the next phase of thts Ordtnance would be to tdenttfy the locatton of the Floodplatn Topics for Study in Phase 2 Ordtnance location for Floodplatn Regulattons Revtew the current Floodplatn Regulattons with respect to current laws, regulattons and mapptng data Ftmshed lot grades and fimshed floor elevattons Dratnage requtrements for tnfill lots Use of floodplatns to meet mtntmum lot requtrements Update termtnology- Stormwater management for facthty/Best management practtces Locatton of stormwater management facthttes tn floodplatns wtthtn the Chesapeake Bay Watershed Conststency wtthtn and between the Floodplatn Regulattons and the Pubhc Work Spectficattons and Standards In 1977, when thts Ordinance was ortgtnally enacted, much of the data was not avatlable All of the flloodways are now mapped Topo maps are avatlable and much data ts present tn the City's GIS system After the processes ss complete, there wtll be tratntng, as well as retratntng of Ctty staff Mr Hassen dtstrtbuted a chart deptcttng each of the proposed amendments and ctttng whether or not there are any changes The majortty of the changes do mvolve the floodplatn Relattve expandtng extsttng structures less than 1,000 square feet, Mr Hassen advtsed thts concerns "coverage of the ground", so two addtttons can be requested as long as these addtttons do not exceed 1,000 square feet Stephen Whtte, Planmng, advtsed the Planmng Commtsston verbattms for the proposed floodplatn amendments wtll be placed tn Ctty Counctl's package on Frtday, October 12, 2001 October 9, 2001 -19- ,4 GEND'4 RE VIE W SESSION 4:40 P.M. ITEM #48 740 K3 Ordtnance to ,4PPROPRI,4 TE $125, O00 for the purchase of timber rights from Wtlltam Massey Loggtng re Mary Vtrgtnta Green Matthews 'property located tn the NIMMO Church area, TRANSFER $125,000 for this purpose, and, ,4 UTHORIZE the Ctty Manager to enter into an agreement to purchase these ttmber rights (DISTRICT 7 - PRINCESS ANNE) Counctl Lady Eure expressed concern relattve thts tnchvtdual's responstbthty after the seedhngs are planted C Oral Lambert, Jr, Chtef of Staff, advtsed the purchase of the timber rtghts olso includes the reforestatton of the 10 clear-cut acres wtth approxtmately 484 genetically-improved loblollypine seedlings per acre This would only entatl a cost of approxtmately $700 As thts ts prtvate property, the owner would be responstble Reforestation has proven to be successful tn the past ITEM #48 741 K5 Or&nance to AUTHORIZE temporary encroachments: OSC,4R L. EVERETT, III~OIL EQUIPMENT PROPERTIES - A portton of the City's vartable wtdth dratnage easement at 2530 Lynnhaven Parkway to construct a car wash, asphalt parktng, curbmg, vacuum facthttes and dratnage ptptng (DISTRICT 1 - CENTER VILLE) Mayor Oberndorf and Counctl Members Henley and McClanan will vote a VERBAL NAY on thts ttem ITEM # 48 742 B Y CONSENSUS, the followtng shall compose the CONSENT,4GEND,4: ORDINANCES K1 Ordtnance to ,4 UTHORIZE the Ctty Manager to execute a Deed of Vacation and Quitclaim re dramage and power easements on property owned by Old Brandon Lynnhaven Assoctates, L L C at 2044 Lynnhaven Parkway (DISTRICT 1 - CENTER VILLE) K2. Or&nance to APPROPRIATE $393,617 from the Vtrgtnta Department of Medtcal Asststance Servtces and $22,320from chent fees to the FY 2001-02 operattng budget of the Department of Mental Health, Mental Retardation and Substance ,4buse Services (MHMRSA) re mcreased servtces to chents, and, add 20 46full ttme postttons tn MHMRSA K3 Or&nance to APPROPRI,4 TE $125, O00 for the purchase of timber rights from Wtlham Massey Loggtng re Mary Vtrgtnta Green Matthews'property located tn the NIMMO Church area, TRANSFER $125,000 for thts purpose, and, ,4 UTHORIZE the City Manager to enter tnto an agreement to purchase these ttmber rtghts (DISTRICT 7 - PRINCESS ANNE) October 9, 2001 - 20- GENDA RE VIEW SESSION ITEM # 48742 (Continued) K4 K5 Or&nance to APPROPRIATE $46,504 from the Arts and Humantttes Commtsston Spectal Revenue Fund to the FY 2001-02 operating budget for dtspersement to local organizations Ordtnances to AUTHORIZE temporary encroachments: TRITON PCS PROPERTY COMPANY, L.L.C. - A leased portton of the Domtnton Vtrgtnta Power easement and Ctty property re Recreatton area - Rosemont Forest (DISTRICT 1 - CENTER VILLE) be OSCAR L. EVERETT, III/OIL EQUIPMENT PROPERTIES - A portton of the Ctty's vartable wtdth dratnage easement at 2530 Lynnhaven Parkway to construct a car wash, asphalt parktng, curbing, vacuum facthttes and dratnage ptptng (DISTRICT 1 - CENTER VILLE) Mayor Oberndorf and Counctl Members Henley and McClanan wtll vote a VERBAL NAY on K. 5. b. October 9, 2001 - 21 - AGENDA RE VIEWSESSION ITEM # 48 743 L2 Apphcattons of THE FRANCISCUS CO. on the south stde of Elbow Road, east of In&an Rtver Road, contatmng 35 9 acres more or less (DISTRICT 7 - PRINCESS ANNE) Vartance to ~ 5B &te Plan Or&nance, Floodplatn Regulations for the purpose of mtnor filhng Con&ttonal Use Permtt re Open Space Promotion and development of thtrty-four (34) stngle famtly dwelhng untts Stephen White, Planmng, advtsed the area to be filled ss a ditch that runs west to east across the front portton of subject stte There are wooded lots adjacent to the netghborhood (lots 11-17) and some of those trees wtll have to be removed, however, Attorney Bourdon has stated they wtll reuse as few as possible A condttton wtll be added upon concurrence of Attorney Bourdon The subdtvtston shall be developed as deptcted on the submttted subdtvtstonplan entitled, "Genovese Property Open Space Promotton Plan" by The TAF Group dated 1/31/01 and revised 8/8/01 The plan shall be clartfied for lots abutttng wetlands and floodplatn to show the rear lot hne correspon&ng with the edge offloodplatn or edge of Southern Watersheds Management Area buffer or jurtsdtcttonal wetlands, whtchever ts farthest west The rear lot hnes tn thts area shall be field dehneated wtth orange safety fencmg prtor to any land &sturbance Thts reqmrement shall be noted tn boldface type on the constructton plans and documents The plan shall also tnclude the retention of the extsttng trees on proposed Lots 11 through 16, except as necessa~_ _for constructton of the stngle-_famd¥ dwelhng and _for stte dratnage on each lot Stephen Whtte advtsed these dwelhngs wtll be of brtck and vtnyl ITEM # 48 744 L3 Apphcatton ofMICHAEL D. SIFEN, INC.,for a Condtttonal Use Permtt re mini-warehouses at the west stde of General Booth Boulevard, 550feet more or less north of Dam Neck Road, contatmng 4 6 acres (DISTRICT 6- BEA CH) Councilman Branch &strtbuted a colored stte elevatton to Ctty Councd Members ITEM # 48 745 K4 Apphcatton of DOBBS & DUNN for a Con&ttonal Use Permtt re a firewood preparatton facthty on the east stde of Sykes Avenue, south of Southern Boulevard (124 Sykes Avenue), contatnmg 3 acres (DISTRICT 6- BEA CH) Counctl Lady McClanan wtll vote a VERBAL NAY on thts ttem October 9, 2001 - 22 - AGENDA RE VIEW SESSION ITEM ii 48 746 L5 Apphcatton of KBBK INV. LLC, for a Condtttonal Use Permtt re mini-warehouses on the south stde of Vtrgtnta Beach Boulevard, west of Maxey Drtve, contatntng 1 904 acres (DISTRICT 6- BEACH) Counctlman Branch advtsed thts apphcatton ts adjacent to 1-264. Stephen Whtte, Planntng, advtsed the back of the stte adjacent to 1-264 ts tmpacted by the Chesapeake Bay Preservation Area Thts apphcatton was heard by the Chesapeake Bay Preservation Area Board prtor to being heard by the Plannmg Commtsston Onpage 3 of the staff report are conchttons attached by the Chesapeake Bay Preservatton Area Board A Buffer Restoratton Plan was submttted which mcluded a mmtmum of four (4) mches of mulch Elevattons wtll be vtstble from 1-264. The bmldmgs wtll also be visible Mr Whtte advised Counctl Lady McClanan the stte plan requtres the removal of the billboards The Ctty Attorney advtsed the billboards must be removed to meet the condtttons of the Condtttonal Use Permtt Counctl Lady Wtlson wtshed the type offence stipulated as wrought-tron style The followtng condtttons shall be added upon concurrence of the apphcant The stte plan descrtbed tn Condttton 1 shall be modtfied durtng detatled stte plan revtew as necessary to extend a row of wax myrtles, rtver btrch, and willow oak parallel to the enttre southern boundary of the stte adjacent to 1-264, conststent wtth and tn addttton to the landscape plan by Patsy Kerr, dated July 15, 1999, and approved by the Chesapeake Bay Preservatton Area Board on September 27, 1999 The fence shown on the stte plan descrtbed tn Condttton 1 shall be wrought-iron style. ITEM it 48 74 7 L7 Apphcatton of OCEANA ASSOCIATES, L.L.C. for Modtficatton of Condtttons on a Change of Zontng Dtstrtct Classtficatton from R-SD Restdenttal Duplex to Condtttonal I- 1 Ltght Industrtal at 3200 Dam Neck Road to allow mmt- storage converston of the portton of property prevtously approved as office-warehouse on September 14, 1999 (DISTRICT 7 - PRINCESS ANNE) Stephen Whtte, Planmng, advtsed Counctl Lady Henley, relattve monttortng these facthttes, there are tnspectors who check on any complatnts Approxtmately three years ago, there was an tssue relative band practtce at one of these storage facthttes and as a results of thts mrs-use, a condttton was added that there would be no band rehearsals ITEM ii 48 748 I1 Ordinance to AUTHORIZE the acqutsttton of Agrtcultural Reserve Preservatton (ARP) easement and the tssuance of its contract obhgattons at Pungo Ferry Road (DISTRICT 7 - PRINCESS ANNE) (Previously scheduled for September l l, 2001) Gene G Brtght, Davtd Brtght, 63 33 acres $512,973 and Rosanne Ray (2001-40) THE MOTION TO APPRO VE ON OCTOBER 2, 2001 FAILED FOR LA CK OF SIX (6) AFFIRMATIVE VOTES The Cay Attorney advtsed any Ctty Council Member can bring thts ttem up for RECONSIDERATION. Thts ttem does not need to be readverttsed and wtll be scheduled for the City Counctl Sesston of October 23, 2001 October 9, 2001 - 23 - AGENDA RE VIEW SESSION ITEM # 48 749 B Y CONSENSUS, thefollowtng shall compose the PLANNING B Y CONSENT AGENDA: L1 VARIANCE APPEAL to dectston of Admtntstrattve Officers by John M. Barber re certatn elements of the Subdtvtston Or&nance, Sectton 4 4(b), that requtres all newly created lots meet the requtrements of the Ctty Zomng Or&nance (CZO) at the northeast corner of Btrdneck Road and Olds Lane (DISTRICT 6 - BEA CH) L2 Apphcattons of THE FRANCISCUS CO. on the south stde of Elbow Road, east of lndtan Rtver Road, contatntng 35 9 acres more or less (DISTRICT 7 - PRINCESS ANNE) Vartance to ~ 5B &te Plan Or&nance, Floodplain Regulattons for the purpose of mtnor filhng Condtttonal Use Permtt re Open Space Promotion and development of thtrty-four (34) smgle famtly dwelhng untts L3 Apphcatton ofMICHAEL D. SIFEN, INC.,for a Con&ttonal Use Permtt re mini-warehouses at the west stde of General Booth Boulevard, 550feet more or less north of Dam Neck Road, contatmng 4 6 acres (msrmcr 6- BEACH) L4 Apphcatton of DOBBS & DUNN for a Con&ttonal Use Permtt re a firewood preparatton facdtty on the east stde of Sykes Avenue, south of Southern Boulevard (124 Sykes Avenue), contatntng 3 acres (DISTRICT 6- BEA CH) L5 Apphcatton of KBBK INV. LLC, for a Condtttonal Use Permit re mini-warehouses on the south stde of Vtrgtnta Beach Boulevard, west of Maxey Drtve, contatntng 1 904 acres (DISTRICT6- BEACH) L6 Apphcatton of TAMA YA CHEMICAL CORPORA TION for a Change of Zontng Dtstrtct Classtficatton from R-75 Restdenttal to Con&ttonal 0-1 Office on the north stde of OM Vtrgtnta Beach Road, east of Btrdneck Road (1008 Old Vtrgtnta Beach Road), contatntng 28,923 84 square feet (v~srmcr 6- BEA CH) L7 Apphcatton of OCEANA ASSOCIATES, L.L.C. for Modtficatton of Condtttons on a Change of Zomng Dtstrtct Classification from R-5D Restdenttal Duplex to Condtttonal I-1 Light Industrtal at 3200 Dam Neck Road to allow mtnt- storage converston of the portton of property prevtously approved as office-warehouse on September 14, 1999 (DISTRICT 7 - PRINCESS ANNE) Mayor Oberndorf and Counctl Lady Parker wtll vote a VERBAL NAY on Item L. 1. Item L 2 will be presented for APPROVAL, BY CONSENT, wtth an AMENDED Condttton Council Lady McClanan wtll vote a Verbal Nay on Item L. 4. Item L 5 wtll be presented for APPROVAL, BY CONSENT, wtth AMENDED Condtttons, October 9, 2001 - 24 - CITY COUNCIL COMMENTS 4:53 P.M. ITEM # 48 750 Vtce Mayor Sessoms referenced City Council's sigmficant reductton of the boatpersonal property tax. Vtce Mayor Sessoms requested the City Treasurer provide notice to the boat owners of City Councd's action The btll will be sent out no matter how small. Thts would stmply be a way of tnformtng the cittzenry Councdman Man&go advised Counctl's action relative the boat tax was an attempt to maintain the City's tax base relative the marina properties and the sale of boats. The City Manager advised a Committee has been co-ordinating wtth the other cities tn the region to develop a comprehensive plan relattve thts revenue source. Council Lady McClanan referenced the newspaper article re the City Treasurer's sen&ng notices of delinquent taxes and whether it ts the City's tntent to charge penalties and/or interest on bills that were not prevtously sent to these taxpayers? Assistant Ctty Attorney Larry Spencer advtsed the intent is only to correct the sttuatton. There is no intent to issue any type of penalty. October 9, 2001 - 25 - ITEM # 48 751 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Councd Conference Room, Ctty Hall Butl&ng, on Tuesday, October 9, 2001, at 4 58 PM Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr., Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlhams D Sessoms, Jr and Rosemary Wtlson Counctl Members Absent None October 9, 2001 - 26- ITEM # 48 752 Mayor Meyera E Oberndorf entertatned a morton to permtt Ctty Counctl to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followmg purpose PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of prospective can&dates for employment, asstgnment, appotntment, promotton, performance, demotton, salartes, dtsctphntng, or restgnatton of spectfic pubhc officers, appotntees, or employees pursuant to Sectton 2 1-344 (A) (1) To Wit Appotntments Boards and Commtsstons Francts Land House Board of Governors PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real property for a pubhc purpose, or of the dtsposttton of pubhcly-held real property, where &scusston tn an open meettng would adversely affect the bargatntng posttton or negottattng strategy of the pubhc body pursuant to Sectton 2 1-344(A)(3) A cqutsttton/Dtsposttton of Property Prtncess Anne Dtstrtct LEGAL MATTER~ Consultatton wtth legal counsel or brtefings by staff members, consultants, or attorneys pertammg to actual or probable httgatton, or other spectfic legal matters requesttng the provtston of legal advtce by counsel pursuant to Sectton 2 1-344(A)(7) Wdham L Pully, Sr v Ctty of Vtrgtma Beach, Sergeant Zucaro and R Wtnn Argos Properttes, LLC v Ctty of Vtrgtnta Beach Sentara Enterprtses v Ctty of Vtrgtnta Beach and Phthp J Kellam Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Wtlson, City Counctl voted toproceed tnto CLOSED SESSION. Vottng 11-0 Counctl Members Voting 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 Wtlhams D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None (Time of Closed Session: 5:00 P.M. to 6:15 P.M.) October 9, 2001 -27- FORMAL SESSION VIRGINIA BEA CH CITY COUNCIL October 9, 2001 6:15 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Councd Chamber, Ctty Hall Budding, on Tuesday, October 9, 2001, at 6 15 P M Councd Members Present 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 Wdhams D Sessoms, dr and Rosemary Wdson Councd Members Absent None INVOCATION Reverend Jeffrey Bell Provtdence Presbytertan Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA The Provtdence Mens Chorus sang the "Star Spangled Banner" October 9, 2001 - 28 - ITEM # 48 753 MA YOR 'S STATEMENT "The shock of the attacks on the Pentagon and the World Trade Center and the resulttng mthtary actton has left the ctttzens tncreastngly tnterested tn what government agenctes are dotng to tncrease pubhc safety We, the government, recogmze the need to keep each and every one of you tnformed Bemgprepared for dtsasters ts nothtng new tn Virgtnta Beach or Hampton Roads We routtnely plan, tratn and drdl both man-made and natural dtsasters Our Emergency Operations Plan addresses those dtsasters tncludtng "terrorism" As I speak, our Pohce, Fire and Rescue Personnel are at a hetghtened alert and ready to respond at a moment's nottce Our schools are betng vtgtlant wtth thetr securtty, as always Our Pubhc Uttltttes Department ts taktng extra measures to protect our water supply Ctty employees are betng asked to be alert and to report any susptctous behavtor immediately Increased securtty measures are tn development tn Ctty departments and butldtngs Over the next week, the Ctty wtll report to the ctttzens tn a vartety o0{ ways about the preparedness tn Vtrgtnta Beach Tomorrow, the staff wtll meet wtth the local medta to brtef them and ask that they keep you tnformed Next Tuesday, we wtll produce a spectal edttton of City Page tn the Hampton Roads Section of the newspaper, so that you can get thts information dtrectlyfrom the Ctty Counctl, as well as the Ctty Ctttzens are also encouraged to check the Ctty's webstte www vbgov corn, for regular updates and hnks to emergency tnformatton sites hke Red Cross and FEMA I would also hke to take thts ttme to say how proud we are of the men and women from our commumty and the country who are protecttng our Freedom From those on the front hnes, to those who support them, our thoughts and our prayers are wtth them Great challenges are ahead for all Amertcans We need to stay calm, stay alert, and stay umted I thank you for your pattence" The Mayor advtsed her statement was the result of concerns tn the past few weeks from some wonderful young wtves and mothers worrying about mosquito control or other thtngs that seemed to be too eastly avatlable and mtght cause harm The City has gone to extraordtnary ends to make sure that we keep our Ctty as safe as ts humanlyposstble Because of the Mayor's opportumty to talk to manypeople tn the community and hear thetr concerns, tt was decided by staff to have a more formal opportumty to keep the ctttzens well tnformed as the days go on The Mayor reflected the feehngs of all the Members of Ctty Counctl, who cannot promtse a 100% safety, but can promtse hard work and conststency tn trytng to make sure all stay safe October 9, 2001 Rem ~E - 29 - CER TIFICA TION OF CLOSED SESSION ITEM # 48 754 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Jones City Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meettng requirements 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 convening the Closed Sesston were heard, dtscussed or constdered by Vtrgtnta Beach Ctty Counctl Vottng 11-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlhams D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None October 9, 2001 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Councd convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 48752, page 26, and ~n 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 Vlrgima law.- NOW, THEREFORE, BE IT RESOLVED: That the V~rgima Beach City Council hereby certffies that, to the best of each member's knowledge, (a) only pubhc business matters lawfully exempted from Open Meeting reqmrements by Virginia law were discussed in Closed Session to which th~s certfficatlon resolution applies; and, (b) only such public bus~ness matters as were ~dentffied ~n the motion convening th~s Closed Session were heard, d~scussed or considered by Virgima Beach City Council. ~(~th Hodg~ Smith, MMC C~ty Clerk October 9, 2001 Item V-F. 1. - 30- MINUTES ITEM # 48 755 Upon motion by Vtce Mayor Sessoms, seconded by Counctl Lady Parker, City Counctl APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of October 2, 2001 Voting 8-0 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, Nancy K Parker, and Rosemary Wilson Counctl Members Vottng Nay None Counctl Members Abstatmng Wtlham W Harrtson, Jr, Mayor Meyera E Oberndorf and Vtce Mayor Wtlham D Sessoms, Jr Counctl Members Absent None Mayor Oberndorf ABSTAINED as she was atten&ng the Urban Land Institute tn Boston on behalf of the Ctty Vtce Mayor Sessoms ABSTAINED as he was not tn attendance durtng the Ctty Counctl Sesston of October 2, 2001, who was out of the Ctty on bank bustness Counctlman Harrtson ABSTAINED as he was not tn attendance durtng the Ctty Counctl Sesston of October 2, 2001, due to a heavy legal calendar October 9, 2001 - 31 - Item V-G. 1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 48 756 BY CONSENSUS, City Councd ADOPTED: AGENDA FOR THE FORMAL SESSION October 9, 2001 Item V-G.2. - 32 - INTR OD UCED Mayor Oberndorf recogmzed ITEM # 48757 Priscilla Beede Carolyn Beltson Hometown Holiday Parade Committee All members of the Hometown Hohday Parade Commtttee wtshed Mayor and Members of Ctty Counctl Seasons Greettngs and remtnded them there are only 53 days left until the Hometown Holiday Parade takes place Saturday, December Ftrst, at 5 O0 P M on Atlanttc Avenue Theparade wtll begtn on 2~h Street and head south to 1 t7h Street and serve as a ktckoff for the Holiday Lights at the Beach Show The theme ts "red/white and blue" holiday The Commtttee extended Mayor and Ctty Counctl a very spectal tnvttatton to jotn them tn ktcktng off the Hohday Season October 9, 2001 - 33 - Item V-H. 1. PRESENTATION ITEM# 48758 Mayor Oberndorf recogntzed BIZ-NET Kentucky Avenue Project MARK'S RESOURCES Approximately 10years ago, Biz-Net (Business Network for Special Living Opportunities) was estabhshed byfamtly members of consumers tn the Community Services Board's Mental Retardatton programs to asstst tn the development of needed resources The focus of Biz-Net has been on the acqutsttton of properttes that are used to provtde quahty housing for adults wtth mental retardation served by the Vtrgtnta Beach Community Servtces Board The most ambitious of thetr projects has been the constructton of two four-untt restdences tn a duplex facthty on Kentucky Avenue The residents of this home wtll all be adults wtth mental retardation who are mechcallyfragtle Most of them have been hvtng with thetrparents who are now agtng and finchng it more dtfficult to provtde 24-hours-a-day care Biz-Net volunteers are recognized for their hard work, commttment to the Ctty and their fund ratsmg efforts that have resulted tn the constructton ora beauttful home for our most dtsabled ctttzens The City's Department of Mental Health, Mental Retardatton and Substance Abuse has received a Certtficate of Pubhc Need to operate these two homes from the State Department of Pubhc Health Medtcatd fundtng wtll cover all program costs In addttton to Biz-Net, Mark's Resources (anotherphtlanthroptc organtzatton) ts recogntzed for tts contribution to thts project Numerous local contractors and supphers have also provtded etther free or chscounted servtce to make tt posstble to construct a quahty facthty wtthtn hmtted resources Fmally recognttton should be gtven to Davtd Ramsey, who was a founder of Biz-Net and whose firm, Archttectural Graphics, has been extremely generous over the years Thts project represents fulfillment of the Ctty's mtsston of betng a "commumty for a hfettme" not only for the restdents who wtll be ltvtng tn the facdtty, but also because of the commttment of famtly members and the bustness community to tmprovtng the quahty of hfe for tts most needy ctttzens Mayor Oberndorf recogmzed the following tn attendance BIZNET Ed Clowes President Betty Morgan Jeff Loeb Bob Mtller Kathy Ehehalt Kathy Jones Ron Pearson Les Cox MARK'S RESOURCES Dr and Mrs Ray Ktrby Dr Jay Lazter, Dtrector- Mental Retardatton Programs - Commumty Servtces Board, was recogmzed wtth his asststant, Tom Latdlaw- Supervtsor II/Supporttve Ltvtng Program October 9, 2001 i - 35 - Item V-I. PUBLIC HEARING ITEM# 48760 Mayor Meyera E Oberndorf DECLARED A PUBLIC HEARING: REDISTRICTING Composite Alternative Eure-Mandigo Groveland Park Civic League Henry Ryto 2 Pembroke Manor Civic League Community Coalition for a Better Virginia Beach (created by Rudy Wilson) The followtng regtstered tn favor of the present system Kale Warren, 1177 Pond Cypress Drtve 23455 The followtng regtstered to speak tn SUPPORT of the Henry Ryto 2 Proposal: Henry Ryto, 864 Old Vtrgtnta Beach Boulevard 23451, Phone 428-2763 The followtng regtstered to speak tn SUPPORT of the Community Coalition for a Better Virginia Beach (created by Rudy Wilson - 11 District Proposal) Brtan Ktrwtn, 304 Crtpple Creek Court 23452, Phone 463-0399, Nony Abrajano, 972 Aspen Drtve 23464, Phone 420-4181, Chatrman- Nattonal Federation of Fthpmo/ Amertcan Assoc and Member - Communtly Coahtton for a Better Vtrgmta Beach Mary Nelson, 1294 Newland Drtve 23456, Phone 468-6164, Charles W Edmonds, 3013 Red MapleLane 23452, Phone 498-7317 Georgta F Allen, 4405 Runny Brook Drtve, Phone 687-3171 -Communtty Coahtton for a Better Vtrgtnta Beach Rosemarte B Morehead, 5369 Challedon Drtve, Phone 499-8811 Leshe Lovell, 1776 Rose Petal Drtve 23456, Phone 427-2302 Carolyn Ltncoln, 2696 Rehance Drtve, Sutte 100 23452, Phone 427-2302 Dr. Rudolph Wtlson 6381 Chestnut Htl123464, Phone 523-1679, Prmctpal destgner of the Rudy Wtlson Il-Member Plan, Member -Communtty Coahtton for a Better Vtrgtnta Beach Bruce Wtlhams, 1068 Meadow Grove Tratl, Phone 671-7204 There betng no further speakers, Mayor Meyera E Oberndorf CLOSED THE PUBLIC HEARING. October 9, 2001 -36- Item V-J.2. PUBLIC HEARING ITEM ii 48 761 Mayor Meyera E Oberndorf DECLARED A PUBLIC HEARING: VACATION OF EASEMENTS re Quitclaim to 2044 Lynnhaven Parkway re dramage and power There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING October 9, 2001 -37- Item V-K. ORDINANCES ITEM ii 48 762 Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED IN ONE MOTION, Ordtnances 1, 2, 3, 4 and 5a/b of the CONSENT AGENDA. Vottng 11-0 (By Consent) Councd 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 Voting Nay None Counctl Members Absent None Mayor Oberndorf, Counctl Members Henley and McClanan voted a VERBAL NA Yon Item 5 b (Everett/Od EqutpmenO October 9, 2001 - 38- Item V-K. 1. ORDINANCES ITEM # 48 763 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED: Ordtnance to AUTHORIZE the Ctty Manager to execute a Deed of Vacation and Quitclaim re dratnage and power easements on property owned by Old Brandon Lynnhaven Assoctates, L L C at 2044 Lynnhaven Parkway (DISTRICT 1 - CENTER VILLE) I/ottng 11-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, IlL Margaret L Eure, V~tlham V~ Harrtson, Jr. Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, IZtce Mayor Wdham D Sessoms, dr and Rosemary Wdson Councd Members Vottng Nay None Councd Members Absent None October 9, 2001 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED OF VACATION AND QUITCLAIM CONCERNING TWO (2) CITY PERMANENT DRAINAGE EASEMENTS AND A VIRGINIA POWER EASEMENT RELATING TO PROPERTY OWNED BY OLD BRANDON LYNNHAVEN ASSOCIATES, L.L.C. AT 2044 LYNNHAVEN PARKWAY, VIRGINIA BEACH, VIRGINIA 23456 (GPIN 1475-96-6290) WHEREAS, Old Brandon Lynnhaven Associates, L L C, a V~rg~n~a I~m~ted I~ab~l~ty 2 company, (the"Owner"), ~s the fee s~mple owner of "Parcel B GPIN 1475-96-6290 78,037 3 Sq Ft/1 791 Acres" as shown on that certain plat enbtled "Resubd~ws~on of the Property 4 of Home Depot" and duly recorded ~n the Clerk's Office of the C~rcu~t Court of the C~ty of .5 V~rgima Beach, V~rg~ma, ~n Map Book 293, at Pages 77and 78 (the "Plat") WHEREAS, by Certificates No 874 and 937, dated June 2, 1988 and September 13, 1988, respecbvely, duly recorded ~n the Clerk's Office of the C~rcu~t Court of the C~ty 8 of V~rg~n~a Beach, V~rg~ma, ~n Deed Book 2733, at Page 1084, and Deed Book 2767, at 9 Page 2088, respectively, and by Orders dated November 16, 1988 and January 30, 1990, respecbvely, duly recorded ~n the Clerk's Office of the C~rcu~t Court of the C~ty of Virg~ma Beach, V~rg~ma, ~n Deed Book 2784, at Page 1928, and Deed Book 2887, at Page 1574, respecbvely, the C~ty of V~rg~nia Beach (the "C~ty") did acquire certain nghts of way and 13 easements associated w~th the LYNNHAVEN PARKWAY PHASE V PROJECT (CIP 2-935) 14 (the "Project"), 15 WHEREAS, by Stormwater Management Maintenance Agreement, dated December 16 30, 1999, duly recorded ~n the Clerk's Office of the C~rcu~t Court of the C~ty of V~rgm~a Beach, Virg~ma, ~n Deed Book 4369, at Page 0005, Owner's predecessor ~n t~tle 18 established certain stormwater management fac~l~bes that are located on "Parcel A" and 19 more fully described by the sa~d Plat, 2o WHEREAS, all storm and surface water drainage flows from "Parcel A", "Parcel B", 21 and "Parcel C" shown on the Plat are now dIrected into the stormwater management 22 facdibes located on "Parcel A" thus el~m~nabng the need for the two (2) permanent 23 drainage easements located on "Parcel B", 50 THE AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL MEMBERS OF THE CITY COUNCIL IS REQUIRED. 52 Approved as to Content Approved as to Legal Sufficiency partment of Public WOrks of Real Estate 53 54 55 City Attorney L / / W w z I. -T- X Itl 0 Cl~ RAINBOW LOCATION MAP SCALE '1"- 1,600' ,"~ " \ \ PROPOSED OLD WALGREEN "'2 L/ (2 ,,", ¢/ /'~ (/ C/ / /? / ,/, / / / LOCATION VACATION VIRGINIA BRANDON AND POWER FOR MAP CITY EASEMENTS EASEMENT LYNNHAVEN ASSOCIATES, L.L.C. SCALE: 1" = 200' ~ ~ ~, ~ ~, ,~ , PREPARED BY P/W ENG. DRAFT. SEPT. 20, 2001 July 16, 2001 CERTIFICATION Re Drainage Easement #1 Map Book 201, page 36 Deed Book 2737, page 1084 Drainage Easement #2 Map Book 202, page 17 Deed Book 2767, page 2088 The undersigned hereby certffies to the City of Vlrg~ma Beach, Vlrgima as [bllows: I The above-referenced drainage easements were originally obtained by the City of Virginia Beach (in connection with the Lynnhaven Parkway Phase V, CIP 2-935 VDOT project) to permit the flow of drainage from two parcels of land, one owned by Shirley A. Buckner and the other owned by Joseph R. Martin, et al, Trustees of Word of Life Christian Center, through a drainage ditch which then existed on such properties, to a drainage pipe end section that existed in Lynnhaven Parkway, and into the roadway drainage system. 2 The Shirley A. Buckner and Word of Life Christian Center properties over which the drainage easements were established were acqmred by Home Depot U.S.A., Inc. In February, 2001, Home Depot U.S.A, Inc. resubdivided its property, which included the Buckner and Word of Life Christian .Center properties, and created three parcels (Parcel A, l?arcel B and Parcel C) as shown on the plat entitled "Resubdivision of the Property of Home Depot", dated March 20, 2000, recorded in Map Book 293, pages 77 and 78 (the "Resubdivision Plat") 3 A Home Depot store has been constructed on Parcel A, and a Walgreen Drugstore is under construction on Parcel B. 4 The drainage ditch that was located on Parcel A was filled ~n connection with the site work for the ttome Depot construction, and the drainage d~tch that was located on Parcel B was filled in connection with the site work for the Walgreen Drugstore construction All storm and surface water drainage from the Home Depot and Walgreen sites flows into stormwater management facilities located on the Home Depot s~te (Parcel A) The stormwater management fac~l~tms that are located on Parcel A are the subject of a Stormwater Management Facilities Page 1 of 2 Maintenance Agreement with the City of Virginia Beach, Virglma dated December 30, 1999, and recorded in the Clerk's Office of the Vlrgima Beach Circuit Court in Deed Book 4241, at page 594, as amended by Amendment to Stormwater Management Faciltties Maintenance Agreement dated as of February 15, 2001, recorded in the Clerk's Office of the Virginia Beach Circuit Court in Deed Book 4369, at page 0005 5 Accordingly, the purposes for winch the above-referenced drainage easements were created have been ehmtnated, and nmther of such easements are needed by the City or the landowners to serve the purposes for which such easmnents were created The TAF Group Tom LeBeau, P E Page 2 of 2 DomJn,on V,rgm~a l'owcr 49¢)1 i'rmcc~ Anne Ro ul, V.g,m., Bc ,~h VA 2 ~462 DomlrllOlrl Virginia Power July 12, 2001 City of V~rg~nia Beach Attn' Vn'ginia Beach, VA 23456 Re; 5' Vn-gima Power Easement - Identified as 5' Virginia Power Easement (M B. 202, P. 17) (D.B. 2767, P. 2088) as shown on that certain ALTMACSM Land Title Survey of"Proposed" Parcel B-I Subdivision of Property of Heine Depot, USA, Inc., a Delaware corporation (D.B. 4128, P. 18, D.B. 4128, P. 823) prepared by The TAF Group, Date 9-08-00 (the "Survey") (the "Parcel B-1 Northern 5' Virginia Power Easement") Gentlemen: Tile above-referenced Parcel B-1 Northern 5' Virginia Power Easement was acqutred by the City of V~rginia Beach for use by Virginia Power in co~mection with a right of way taking for Ly]mhaven Parkway Phase V CIP 2-935 as described in the Certificate of Take recorded m the Clerk's Office ofthe Circmt Court of Vkginia Beach, Vkginia in Deed Book 2767, at page 2088, a copy of which is enclosed, pursuant to the Order ofthe Ca'cult Court of the C~ty of Virginia Beach recorded In Deed Book 2887, at page 1574, a copy ofwNch is also enclosed. The area of take including tile area taken for V~rginia Power easement is shown on that certain plat ("Taking Plat") recorded m Map Book 202, at page 17, a copy ofwluch ~s enclosed. Tile area of take for the V~rginia Power easement shown on the Taking Plat ~ncludes the Parcel B- 1 Northern 5' Vu'gmia Power Easement. Also enclosed is a copy of the above Survey. Tile Parcel B-I Northern 5' Vhg~ma Power Easement is outlined in red on the Survey. Tile portion of the Parcel B-1 Northern 5' Vn'ginia Power Ease~nent shown on the Survey interferes with the proposed development of a Walgreen Drag Store to be located on Parcel B-1 shown on the Survey. The owner of Parcel B-I has given Dominion Virginia Power a replacement utd~ty easement (Right of Way plat nmnber 25-01-0074) required to prowde service to the Walgreen 1-387452 I 6/29/01 Drug Store to be constructed on Parcel B-1. This is to advise with respect to the Parcel B-1 Northern 5' Virghlia Power Easement on behalf of Dominion V~rgmia Power that: I Domimon Virginia Power hereby consents to tile City of Vn'gima Beach vacating, qmtclaunmg or otherwise relinquishing tile Parcel B-! Northern 5' Virginia Power Easement as shown in red on the Survey Yoms truly, DOMINION VIRGINIA POWER Gary W. Wallace, Manager- D~slnbuhon Construction CC' Ms. Linda Q S~mth S L Nusbaum Realty Co. 1-387452 I 6/29/01 L [ ? w z Wv 7 Tills INSTRUMENT PREPARED BY VIRGINIA BEACtl CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-81 l(a)(3), 58 1-81 I(c)(4), AND 25-249 THIS DEED OF VACATION AND QUITCLAIM ~s made th~s day of ,2001, by and between CITY OF VIRGINIA BEACH, VIRGINIA a mumclpal corporatmn of the Commonwealth of V~rg~ma (the "Grantor"), and OLD BRANDON LYNNHAVEN ASSOCIATES, L L C, a V~rg~n~a limited liabihty company (the "Grantee") WHEREAS, Grantee is the owner of certain property (hereinafter referred to as "Parcel B") located m tile C~ty of V~rg~ma Beach, V~rgm~a, known, numbered and designated as "Parcel B", as shown on that certmn plat entitled "Resubd~mston of'the Property of Home Depot, V~rg~n~a Beach, V~rg~nia," dated March 20, 2000, prepared by Engineering Servmes, Inc., which plat is recorded ~n the Clerk's Office of the C~rcmt Court of the C~ty of V~rg~ma Beach, V~rg~ma in Map Book 293, at pages 77 and 78, WHEREAS, pursuant to 0) Certificate No 874, recorded ~n the aforesmd Clerk's Office in Deed Book 2737, at page 1084, as confim'~ed by Order recorded ~n the aforesaid Clerk's Office in Deed Book 2784, at page 1928, the Grantor acqmred a 586 square foot permanent drainage easement over Parcel B, as more particularly shown on the plat recorded in the aforesmd Clerk's Office ~n Map Book 201, at page 36, and (n) Certificate No 937 recorded ~n the aforesmd Clerk's Office ~n Deed Book 2767, at page 2088, as confirmed by Order recorded in the aforesmd Clerk's Office ~n Deed Book 2887, at page 1574, the Grantor acqmred (1) a 212 square foot permanent drmnage easement over Parcel B, and (2) a 544 square foot Vlrg~ma Power easement over Parcel B, both as more parttcularly shown on the plat recorded In the aforesaid Clerk's Office ~n Map Book 202, at page 17 (such drainage easements being hereinafter referred to as the "Drmnage Easements" and such Vlrg~ma Power easement being hereinafter referred to as the "Virginia Power Easement") WHEREAS, the purposes for winch the Drainage Easements on Parcel B were acquired have been elm~nated and neither of the Drainage Easements on Parcel B are needed by the Grantor or the Grantee to serve the purposes for which the Drmnage Easements were acqmred on Parcel B, and pursuant to the request of the Grantee, the Grantor has agreed to rehnqmsh the same, and ~t ~s ~n tile ~nterest and desire of the part~es hereto to vacate smd Drainage Easements WHEREAS, the V~rg~ma Power Easement has been relocated, a replacement utihty easement has been granted to V~rg~ma Power, and the purposes for which the V~rgm~a Power Easement was acquired have been served by the replacement utility easement, and pursuant to the request of the Grantee, the Grantor has agreed to rel~nqmsh the same, and ~t ~s ~n the ~nterest and desire of the parties hereto to vacate said Virginia Power Easement. GPIN 1475-96-6290 NOW, THEREFORe, WITNESSETH That for and ~n consideration of the mutual benefits accrmng or to accrue to the pames hereto and other good and valuable cons~derahon, the receipt of whmh ~s hereby acknowledged, the Grantor does hereby qmtclmm, release, terminate, relmqmsh and vacate all of ~ts right, title and ~nterest ~n, under and to the following described property, to-w~t THAT CERTAIN 586 square foot permanent drmnage easement over the property known, numbered and designated as "Parcel B" on that certmn plat enhtled "Resubd~v~smn of the Property of Home Depot, V~rg~ma Beach, V~rg~ma," dated March 20, 2000 prepared by Engmeenng Servmes, Inc, recorded ~n the Clerk's Office of the Clrcmt Court of the C~ty of V~rg~ma Beach, V~rg~ma ~n Map Book 293, page 77 and 78, which 586 square foot permanent drmnage easement was acqmred by Certificate No. 874, recorded in the aforesmd Clerk's Office ~n Deed Book 2737, at page 1084, as confirmed by Order recorded ~n the aforesmd Clerk's Office ~n Deed Book 2784, at page 1928 and wl'uch 586 square foot permanent drmnage easement ~s shown on the plat recorded ~n the aforesmd Clerk's Office m Map Book 201, page 36, and ~s more pamcularly shown on the Vacahon Exhibit attached hereto and ~ncorporated by reference hereto AND ALSO THAT CERTAIN 2 l 2 square foot permanent drmnage easelnent over the property known, numbered and designated as "Parcel B" on that certain plat entitled "Resubd~vls~on of the Property of Home Depot, V~rg~ma Beach, V~rg~ma," dated March 20, 2000 prepared by Eng~neenng Services, Inc, recorded ~n the Clerk's Office of the C~rcmt Court of the C~ty of V~rgmla Beach, Vlrguua ~n Map Book 293, page 77 and 78, which 212 square foot permanent drainage easement was acqmred by Certificate No 937 recorded m the aforesmd Clerk's Office ~n Deed Book 2767, at page 2088, as confirmed by Order recorded m the aforesmd Clerk's Office ~n Deed Book 2887, at page 1574, and Much 212 square foot pem~anent drmnage easement ~s shown on the plat recorded in the aforesmd Clerk's Office ~n Map Book 202, page 17, and ~s more parhcularly shown on the Vacatmn Exhibit attached hereto and ~ncorporated by reference here~n AND ALSO THAT CERTAIN 544 square foot V~rg~ma Power easement over the property known, numbered and designated as "Parcel B" on that certain plat entitled "Resubd~v~s~on of the Property of Home Depot, V~rg~nia 1-387293 2 9/20/01 -/- Beach, Virginia," dated March 20, 2000 prepared by Engineenng Services, Inc, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 293, page 77 and 78, which 544 square foot Virginia Power easement was acquired by Certificate No. 937 recorded in the aforesaid Clerk's Office m Deed Book 2767, at page 2088, as confirmed by Order recorded in the aforesaid Clerk's Office in Deed Book 2887, at page 1574, and which 544 square foot Virginia Power easement is shown on the plat recorded ~n the aforesaid Clerk's Office ~n Map Book 202, page 17, and is more particularly shown on the Vacatmn Exhibit attached hereto and incorporated by reference herein This conveyance is made subject to the conditions, restrictions, easements, and reservations of record in the chain of t~tle to the Drainage Easelnents and the Virginia Power Easement, If any, constituting constructive notice thereof IN WITNESS WHEREOF, the City of V~rglma Beach has caused this Deed of Vacation and Quitclaim to be executed m its name and on ~ts behalf by its City Manager/Designee of the City Manager, and its corporate seal affixed hereto and duly attested by Ruth Hodges Smith, City Clerk CITY OF VIRGINIA BEACH, VIRGINIA By City Manager/Authorized Designee of the City Manager ATTEST Ruth Hodges Smith City Clerk I 387293 2 9/20/01 -3- STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit The foregoing instrument was acknowledged before me this day of 2001, by , City Manager/Authorized Designee of the City Manager, on behalf of the City of Virginia Beach, Virginia. Notary Public My commission expires STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to~wit The foregoing instrument was acknowledged before me this ~ day of 2001, by Ruth Hodges Smith, City Clerk, on behalf of the City of Virginia Beach, Virginia My comnuss~on expires Notary Public ^s DEPARTMENT APPROVED AS TO FORM: CITY ATTORNEY APPROV~~TENT: DEVELOPMENT SERVICES CENTER 1-387293 9/20/01 - 39- Item V-K. 2. ORDINANCES ITEM # 48 764 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Ordtnance to APPROPRIATE $393,617 from the Vtrgtnta Department of Me&cal Asststance Servtces and $22,320 from chent fees to the FY2001-02 operattng budget of the Department of Mental Health, Mental Retardation and Substance Abuse Services (MHMRSA) re tncreased servtces to chents, and, add 20 46full ttme positrons tn MHMRSA 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 $ 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 October 9, 2001 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 AN ORDINANCE TO APPROPRIATE $393,617 FROM THE STATE AND $22,320 FROM CLIENT FEES TO THE FY 2001-02 OPERATING BUDGET OF THE DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE SERVICES TO PROVIDE INCREASED SERVICES TO CLIENTS WHEREAS, the Virginia Beach Community Services Board has obtained a Certificate of Public Need from the Virginia Department of Health to operate an eight-bed Intermediate Care Facmlity for People With Mental Retardation ("ICF/MR") ; and WHEREAS, the ICF/MR facility will be funded entirely by medicamd reimbursement and client fees. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $393,617 in estimated revenue from the Virginia Department of Medical Assistance Services and $22,320 in estimated revenue from client fees zs hereby appropriated to the FY 2001-02 Operating Budget of the Cmty's Department of Mental Health, Mental Retardation and Substance Abuse Services for the purpose of providing increased services to the Department's clients. 2. That the number of full-time equivalent positions in the Department of Mental Health, Mental Retardation and Substance Abuse Servmces to provide clmn~cal and operational support for the ICF/MR is hereby ~ncreased by 20.46. 3. That in the FY 2001-02 operatmng budget, estmmated revenue from the Commonwealth is hereby mncreased by $393,617 and estmmated revenue from clment fees is hereby increased by $22,320. 3O 31 Adopted ~ the Council of the City of Virginia Beach, Virginia, on the 9 day of October , 2001. CA-8258 Noncode/I CF -MR. Ord. wpd o /25/Ol R2 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Attg~ey's (Sffice Community Services Board City Council Agenda Item Brief Sheet September 21, 2001 Background: CSB has non-budgeted revenue from 3 Sources that needs to be appropnated by councd into the FY 2002 Budget Details · New Medicaid ICF/MR Fees A total of $384,480 wdl be bdled by the CSB to DMAS for reimbursement of ICF/MR services at Kentucky Avenue and Skdlquest · New Self-Pay Client Fees A total of $22,320 w~ll be collected from the residents at Kentucky Avenue to pay for their ICF/MR services · New Medicaid Waiver Fees A total of $9,137 wdl be bdled by the CSB to DMAS for reimbursement of skdled nursing services prowded by the Nursing Services program These services wdl be performed by a Behavior Spec~al~st I (LPN) who wdl work half-t~me at Skdlquest w~th ICF/MR consumers, and halfobme ~n the Nursing Services program · Pos~bons Summary 20 46 Fu · 1 · 6 · 1 · 7 · 0 · 3 · 0 II-T~me Equivalents (FTEs) 0 Full-bme Cl~mc~an 0 Full-bme Behavior Spec~ahst I 0 Full-bme Behavior Spec~ahst II 0 Full-bme MH/MR Assistant 72 Part-time Behawor Spec~ahst I 81 Part-bme MH/MR Assistant 93 Part-bme Cook o C~ty of Virginia Beach Commun,ty Services Board Mental Retardahon Services Division FY02 Approprlabons Fund # Budget # Grant # Budget Umt Name Expenditure Line Items: PERSONALSERVICES 6O1130 601150 60133O 601350 60118O 601401 Professional Salaries Techmcal Salaries Part-Time Professional Salaries Part-Time Techmcal Salaries Part-Time Skilled Salaries Contracted Manpower TOTAL FRINGE BENEFITS 602101 F I C A 602104 F I C A - Medicare 602201 Rebrement 602301 Health & Dental Insurance 602302 L~fe Insurance TOTAL CONTRACTUAL SERVICES $03101 Professional Health Services 603103 Other Professional Services 603407 Other Contractual Services TOTAL ~NTERNAL CHARGES 604001 Information Technology Charges 604201 C~ty Garage Charges 604203 C~ty Garage - Fuel XXXXX Indirect Costs (Adm~mstrabon) TOTAL OTHER CHARGES 605101 Electrical Services 605103 Water Services 605104 Sewerage Services 605203 Telecommumcabons 605402 Lease/Rent of Buddings & Land 605501 Professional Improvement 605502 Roubne Travel 606001 Office Supphes 606004 Medical Supphes 606005 Custod~al/Cleamng Supphes 606110 M~crocomputer Systems 606111 Computer Software 606112 Computer Peripherals 606415 Computer Supphes 606420 Food And Food Service Supphes 606422 Household Supphes & Furmsh~ngs 606427 Recreabonal Supphes TOTAL 04 13 59 PM 21-Sep-01 137 137 23204 23205 Skdlquest Nursing Pro~lram Pro~lram 137 23211 Kentucky Avenue 137 TOTAL 21,725 6,773 85,070 113,568 23,362 0 58,405 81,767 9,753 9,753 44,505 44,505 6,965 6,965 12,149 12,149 45,087 6,773 216,847 268,707 2,795 420 12,691 15,906 654 98 2,968 3,720 5,636 847 17,934 24,417 3,325 950 10,450 14,725 320 49 1,033 1,402 12,730 2,364 45,076 60,170 16,780 16,780 0 0 2,038 2,038 0 0 18,818 18,818 1,800 1,800 2,000 2,000 750 750 4,258 0 25,106 29,364 4,258 0 29,656 33,914 2,000 2,000 840 840 240 240 900 900 9,600 9,600 1,125 1,125 1,500 1,500 1,305 1,305 45O 45O 750 750 0 0 0 0 0 0 0 0 14,118 14,118 600 600 900 900 0 0 34,328 34,328 TOTAL EXPENDITURES I 62,075 I 9,137 I 344,725 I 415,937 City of V~rginla Beach Commumty Services Board Mental Retardabon Services D~wsion FY02 Appropr~abons Fund # Budget # Grant # Budget Umt Name Revenue Line Items: 415047 Chent Fees 422093 Medicaid ICF/MR 422093 Medicaid Waiver TOTAL REVENUES 04 13 59 PM 21-Sep-01 137 23204 Skdlquest Program 137 137 23205 23211 Nursing Kentucky Program Avenue 137 TOTAL 22,320 22,320 62,075 0 322,405 384,480 0 9,137 0 9,137 62,075 I 9,137 I 344,725 I 415,937 FTE Positions: Chmc~an II Behawor Spec~ahst I Behavior Spec~ahst II MH/MR Assistant Part-Time Behawor Spec~ahst I Part-Rme MH/MR Assistant Cook I 1 O0 1 O0 0 50 0 50 5 O0 6 O0 1 O0 0 O0 1 O0 2 O0 5 O0 7 O0 0 72 0 72 3 81 3 81 0 93 0 93 TOTAL NEW FTES I 350[ 0501 1646[ 20.46J - 40- Item V-K.3. ORDINANCES ITEM # 48765 Upon motion by Vtce Mayor Sessoms, seconded by Councdman Branch, City Counctl ADOPTED: Or&nance to APPROPRIATE $125, O00 for the purchase of timber rights from Wtlham Massey Loggtng re Mary Vtrgtnta Green Matthews 'property located tn the Ntmmo Church area, TRANSFER $125,000 for thts purpose, and, AUTHORIZE the Ctty Manager to enter tnto an agreement to purchase these ttmber rtghts (DISTRICT 7 - PRINCESS ANNE) 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 done& Reba S McClanan, Robert C Man&go, dr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None October 9, 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT TO PURCHASE TIMBER RIGHTS FROM WILLIAM MASSEY LOGGING FOR THE GREEN-MATHEWS PROPERTY LOCATED IN THE NIMMO CHURCH AREA AND TRANSFERRING $125,000 FOR THIS PURPOSE WHEREAS, City desires to acquire timber rights for property known as the Green-Mathews tract an the N~mmo Church area for aesthetic, environmental, and historical reasons; and WHEREAS, the proposed agreement to purchase these t~mber rights from William Massey Logging calls for a payments by the City of $135,000, and $10,000 of this amount has already been paid. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: 1. That terms and conditions outlined in the memorandum of understanding presented to the City Council for the purchase from William Massey Logging of the timber rights for the Green-Mathews Property located near Nimmo Church are hereby approved, and the City Manager is hereby authorized to complete the purchase on the terms and conditions outlined in the memorandum of understanding. 2. That $125,000 is hereby transferred from the regular Reserve for Contingencies to the FY 2001-02 Operating Budget of the Public Works Department to provide funding for the purchase the timber rights from William Massey Logging on the Green- Mathews Property. 3. That the City Manager's transfer of $10,00C) from the regular Reserve for Contingencies to the FY 2001-02 Operating Budget of the Public Works Department to serve as the initial payment of $10,000 to W~lliam Massey Logging for the above- described timber rights is hereby ratified and confirmed. 39 , 2001, by the Council 4O 41 Adopted the 9 day of October of the City of Virginia Beach, Virginia. 42 43 44 45 46 47 48 49 50 51 52 53 54 APPROVED AS TO CONTENT Managem-e~t APPROVED AS TO LEGAL SUFFICIENCY /~~ ~ D~e~a rtme~t ~ ~ CA-6891 Ord~nkNONCODEkmasseygreen-matthewsord.wpd October 5, 2001 R2 OFFICE OF THE CITY MANAGER (757) 427 4242 FAX (757) 427-4135 TDD (757) 427-4305 City of Virginia October 3,2001 MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH VA 23456-9001 Wdliam Massey Logging 275 Spud's Lane - Bethel Church Rd. Pleasant Hill, North Carolina 27866 Re' Memorandum of Understanding Regarding Timber on Green-Mathews Tract, Virginia Beach, Virginia Dear Mr. Massey' Tlus memorandum sets forth the understanding and agreement between W~lliam Massey Logging ("Massey") and the City of Virgima Beach, V~rgmia (the "City") with respect to the property owned by Mary Virginia Green Mathews known as the Green-Mathews Tract located tn the Nlmmo Church Area of Virginia Beach, Virgima consisting of 49.28 acres, GPIN 2404-94-9948 (the "Property"). By unrecorded Timber Deed dated September 10, 2001, from Mary Virginia Green Mathews to William Massey Logging (the "Deed"), Ms. Mathews transferred to Massey the right for six months to cut, remove and transport all merchantable timber from the Property on the terms and conditions set forth in the Deed. Massey has been cutting the timber on the Property and has clear- cut trees from approximately 10 acres of the Property which t~mber has been or is being removed and transported from the Property The City is desirous ofretaimng the remaining trees on the Property to preserve the aesthetic, enwronmental and h~stoncal attributes of the Property. The City and Massey have agreed as follows' The C~ty shall pay to Massey the sum of $135,000 (the "Purchase Price") in consideration of(a) the transfer by Massey to the City of all rights in the Deed to cut, remove and transport the timber from the Property, and (b) Massey' s rehnquishment of its right to exermse all of such rights. . $10,000 of the Purchase Price shall be paid by check to Massey simultaneously with the execution and dehvery of this Agreement. The remaining $125,000 of the W~lham Massey Logging 2 October 3,2001 Purchase Price shall be paid by the City to Massey after 10:00 a.m. on Wednesday, October 10, 2001, subject to necessary appropriation by City Council at its next meeting on Tuesday, October 9, 2001 3 Massey shall ~mmediately cease the cutting of trees and timber on the Property . Massey shall s~multaneously w~th the execution and delivery of this Agreement, ~mmediately deliver to the City the original of the unrecorded Deed. o Massey shall, on or before 3.00 p.m. on Tuesday, October 9, 200I, remove and transport from the Property all timber which has been cut prior to the date and time of execution of this Agreement. Massey shall, dunng the appropriate planting season in the winter of 2001-2002 (estimated to be December, 2001 to January, 2002), but no later than March 1,2002, re-plant, at its cost and expense, the portions of the Property from which timber was cut and removed with apprommately 484 genetically improved loblolly pine seedlings per acre for reforestation Massey and the City shall execute and deliver all documents necessary and appropriate to carry out the terms of this agreement. Each party shall bear its own costs and expenses in connection with the agreements set forth herein. If this memorandum of understanding accurately evidences your agreement and understanding, please so indicate by executing this letter in the space provided below. We will begin to prepare the documents necessary to carry out the terms of this agreement and will place the appropriation of the remaining $125,000 of the Purchase Price on the agenda for City Council to consider at ~ts October 9, 2001, meeting Please understand that nothing contained ~n this letter shall bind C~ty Council or the City unless and until the C~ty Council approves such appropriation CITY OF VIRGINIA BEACH City Manager/Authorized Designee of City Manager William Massey Logging 3 October 3,2001 WILLIAM MASSEY LOGGING By: William Massey,~llimn Massey Logging STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ~,rc_J day of ., 2001, by ~7. ~)~,~ c, ,(/a,otda~,,,~ ci~,,~,~-,--,,o~,,-or Authorized Designee ofthe,_.,,v ~.~,~.~.~,, City Manager of the City of Virginia Beach, on its behalf.~~ NXotary Public My commission expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ,_Crc/day of , 2001, by William Massey, d/b/a William Massey Logging, on its behalf. lxkot~ Public My commission expires' F \U~s\MG,tylcXWPXWORK'a~ar. selame~mt wlxl CI, Y' OF VIRGINIA BEACH, VA - GENERAL ACCOUNT )ATE 0 3 - OCT - 0 '1 VENDOR NAME 3O73919 WILLIAM MASSEY LOGGING VENDOR NO 477 84 0.00 10,000.00 03-OCT-01 03-OCT-01 tIMBER RIGHTS PROPERTY ACROSS F ............/ 0 . 00 10,000 ..00 PLEASE DETACH AND RETAIN THIS STATEMENT AS YOUR RECORD OF PAYMENT i i I I ii i I I ~n ~h~ WILLI~~ ~SS~-'LOGGI~G ' - L ,,'50759;q,,' I:0S~0000~?,: 00h~88870880," Item V-K. 4. - 41 - ORDINANCES ITEM ii 48 766 Upon moaon by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED Or&nance to APPROPRIATE $46,504 from the Arts and Humamaes Commtsston Spectal Revenue Fund to the FY2001- 02 operating budget for dtspersement to local organtzattons 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 Wdham D Sessoms, Jr and Rosemary Wdson Councd Members Vottng Nay None Councd Members Absent None October 9, 2001 AN ORDINANCE TO APPROPRIATE $46,504 IN FUND BALANCE FROM THE ARTS AND HUMANITIES COMMISSION SPECIAL REVENUE FUND TO THE FY 2001-2002 OPERATING BUDGET TO BE DISPERSED TO LOCAL ORGANIZATIONS WHEREAS, the Arts and Humanitmes Commission ended FY 2000- 2001 with $46,504 unspent in its operating budget; and WHEREAS, these unexpended funds have lapsed in the Arts 4 and Humanities Special Revenue Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 6 OF VIRGINIA BEACH, VIRGINIA' That $46,504 of fund balance in the Arts and Humanities l0 Special Revenue Fund as hereby appropriated to the FY 2001- 2002 operating budget of the Arts and Humanmties Commmssion to be dispersed among local organizations. Adopted by the Council of the City of Virginia Beach, Vmrginia, on the 9th day of October , 2001. CA8259 September 27, 2001 OrdinkNONCODEkhumanltlesfundord.wpd R2 APPROVED AS TO CONTENT- Management S~ APPROVED AS TO LEGAL SUFFICIENCY- C~ty ~uEorne/y/ / }~ City of Virginia Beach, Virginia Virginia Beach Arts and Humanities Commission FY2001-2002 Project Grants FY2002 Applicant GRANT 'Bay Youth Orchestras of Virginia, Inc. 2,500 Children's Performance Workshops 5,000 .Contemporary Art Center of Virginia (Exhibits & Education) 135,000 Cultural Alliance of Greater Hampton Roads 2,500 'Francis Land Historical Museum Foundation 3,000 The Governor's School for the Arts Foundation (Showcase) 5,000 Hardwick Chamber Ensemble 400 Little Theatre of Virginia Beach 19,000 Multicultural Alliance of Virginia 30,000 Music in Motion Dance Company 1,000 Natchel' Blues Network 1,350 Old Dominion University Research Foundation 1,000 Schola Cantorum 3,000 Second Wind Dance Company 4,000 Summer Shakes Inc. (Educational Programs) 2,500 Summer Shakes Inc. (Hampton Roads Shakespeare Festival) 10,500 Theatre IV 1,000 Tidewater Classical Guitar Society, Inc. 3,000 Tidewater Friends of Folk Music 5,000 The Tidewater Winds 20,000 UHURU African-American Society, Inc. 10,000 Very Special Arts Virginia-Virginia Beach 1,000 Virginia Ballet Theatre 2,000 Virginia Beach Ballet 4,000 Virginia Beach Chorale 1,500 Virginia Beach Forum 7,000 Virginia Beach Symphony Orchestra 32,500 Virginia Chorale 500 V!rginia Legends Walk, Inc. 5,000 V!rginia Musical Theatre 35,000 Virginia Opera 18,000 Virginia Stage Company 13,000 Virginia Symphony 44,225 The Virginia Waterfront International Arts Festival 10,000 ~..HRO 4,000 Young Audience of Virginia (Curriculum Plus) 15,000 FY02 Technical Assistance Grants 20,261 Total $ 477,73~ Note: The remmmng unexpended FY 2000-2001 amounts were included in the FY 2001-2002 Grant Awards. - 42 - Item V-K. 5. a. ORDINANCES ITEM # 48 76 7 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Counctl ADOPTED Or&nance to AUTHORIZE temporary encroachment: TRITON PCS PROPERTY COMPANY, L.L.C. - A leased portion of the Domtmon Vtrgtnta Power easement and City property re Recreatton area - Rosemont Forest (DISTRICT 1 - CENTER VILLE) The followtng conchttons shall be requtred Temporary encroachment shall be constructed and matntamed tn accordance wtth the laws of the Commonwealth, Ctty of Vtrgtnta Beach, and tn accordance wtth the Ctty's spectficattons and approval Temporary encroachment shall termtnate upon nottce by the Ctty to the Grantee, and wtthtn thtrty (30) days after nottce ts gtven the temporary encroachment must be removed from the encroachment area by the Grantee, and the Grantee shall bear all costs and expenses of such removal The Grantee shall tndemntfy and hold harmless the Ctty, its agents and employees, from and agatnst all clatms, damages, losses and expenses, tncludtng reasonable attorney's fees, tn case tt shall be necessary to file or defend an actton artsmg out of the locatton or extstence of the temporary encroachment Nothtng heretn contained shall be construed to enlarge the permtsston and authortty to permtt the matntenance or constructton of any encroachment other than that spectfied heretn and to the hmtted extent spectfied heretn, nor to permtt the matntenance and constructton of any encroachment by anyone other than other users of the Tower and/or the Leased parcel The Grantee agrees to matntatn the temporary encroachment so as not to become unstghtly or a hazard and to promptly repatr any damage that may occur tn connectton wtth tts use thereof The apphcant must obtatn and keep tn force all-rtsk property msurance and general habthty or such msurance as ts deemed necessary by the Ctty, and all tnsurance pohctes must name the Ctty as addtttonal named tnsured or loss payee, as apphcable The apphcants agree to carry comprehenstve general habthty tnsurance tn an amount not less than $500,000, combtned stngle hmtts of such tnsurance pohcy or pohctes The apphcants wtll provtde endorsements provtdmg at least thtrty (30) days wrttten nottce to the Ctty prtor to the cancellatton or termtnatton of, or matertal change to, any of the tnsurancepohctes The apphcants assume all responstbthttes and habthttes, vested or contingent, with relatton to the temporary encroachment October 9, 2001 - 43 - Item V-K. 5. a. ORDINANCES ITEM # 48767 (Continued) The Ctty, upon revocation of such authortty and permtsston so granted, may remove the temporary encroachment and charge the cost thereof to the Grantee and collect the cost tn any manner provtded by law for the collectton of local or state taxes, may requtre the Grantee to remove the temporary encroachment and, pen&ng such removal the Ctty may charge the Grantee for the use of the encroachment area the equtvalent of what would be the real property tax upon the land so occupied tf tt were owned by the Grantee If such removal shall not be made wtthtn the ttme ordered heretnabove by thts Agreement, the Ctty may tmpose a penalty tn the sum of One Hundred Dollars (MOO O0) per day for each and every day that the temporary encroachment ts allowed to conttnue thereafter, and may collect such compensation and penalttes tn any manner provtded by law for the collectton of local or state taxes Votmg 11-0 (By Consent) Council Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None October 9, 2001 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY PROPERTY BY TRITON PCS PROPERTY COMPANY, L.L.C., ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Triton PCS Property Company, L.L.C., a Virginia limited liability company, desires to construct and maintain a telecommunications antenna and related facilities on a structure to be located within a 4200 square foot leased portion of a 120' Dominion Virginia Power Easement located on a portion of City property designated and 13 described as: "Recreation Area · 12.93508 Acres. Rosemont Forest (GPIN 1465-91-4778)". 14 WHEREAS, in order to properly construct, operate and maintain the proposed telecommunications tower and related facilities, it is necessary that Triton PCS Property Company, L.L.C., a Virginia limited liability company, install certain telecommunications related utilities within the aforesaid City property from the Western terminus of Esmond Street to the aforesaid leased portion of the 120' Dominion Virginia Power Easement and have access over the said area for future maintenance of the said telecommunications tower and related facilities 21 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 2 2 2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachments upon the 2 3 City's right-of-way subject to such terms and conditions as Council may prescribe. 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 2 5 OF VIRGINIA BEACH, VIRGINIA. 26 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2 7 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Triton PCS Property Company, 2 ~3 L L.C., a Virginia limited liability company, its heirs, assigns and successors in title is 29 authorized to construct and maintain a temporary encroachment for access and the 30 installation of telecommunications related utilities on the hereinabove described City property as shown on the map entitled: "Encroachment Agreement Exhibit. Exhibit"A" and Exhibit "B"" copies of which are on file in the Department of Public Works and to which reference is made for a more particular description; and 34 BE IT FURTHER ORDAINED, that the temporary encroachments are 3 5 expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Triton PCS Property Company, L.L.C., a Virgima limited 3 v liability company, (the "Agreement") which is attached hereto and incorporated by reference; 38 and 39 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. 41 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Triton PCS Property Company, L.L.C., a Virginia limited liability company and the City Manager or his authorized designee execute the Agreement. 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9 th day of October ,2001. 46 CA- ~,t3o 4 7 PREPARED 0910/01 APPROVED AS TO CONTENTS (,/ SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFIC~FORM CITY ATTORNEY ,/-,,/ PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE ! EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-81 l(a)(3) AND 58 1-8 ! 1(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this ~n'e~day of August, 2001, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, ("City"), and TRITON PCS PROPERTY COMPANY, L.L.C., a Virginia limited liability company, its assigns and successors in title, ("Grantee"). WITNESSETH: WHEREAS, City is the owner of certain real property located in the City of Virginia Beach, Virginia, (the "Property") and more particularly described on Exhibit A attached hereto and by this reference made a part hereof; WHEREAS, City has granted to Dominion Virginia Power a 120' right-of-way easement for the construction, operation and maintaining of utilities over and across the Property (the "Utility Easement"); WHEREAS, Grantee proposes to locate a telecommunication antenna and related facilities on a structure to be erected (the "Tower") and to lease from Dominion Virginia Power a portion of the Property containing approximately 4200 square feet within the Utility Easement (the "Leased Parcel") and more particularly described on Exhibit B attached hereto and by this reference made a part hereof; WHEREAS, it is proposed by the Grantee to construct and maintain on a portion of the Property an area for access and underground utilities as required by the use granted by that certain condtt~onal use permit granted by the City ("Temporary Encroachment") in the C~ty of Virgihia Beach; and WHEREAS, ~n constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of the Property ("The Encroachment Area") and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City grants to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. The Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment 'Area as shown on that certain plat entitled: "ENCROACHMENT AGREEMENT EXHIBIT," a copy of which is attached hereto as Exhibit B and to which reference is made for a more particular description. The Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. The Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees ~n case ~t shall be necessary t~ file or defend an action arising out of the location or existence of the TemlSorary Encroachment. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than other users of the Tower and/or the Leased Parcel. The Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard and to promptly repair any damage that may occur in connection with its use thereof. The Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to 'the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. The City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made'within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties ~n any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Grantee has caused this Agreement to be executed in its name on its behalf by its Manager, with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By. City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk ,)~,.PR?OVED. AS TO CONTENT ..... ,$1G_NATI, J RE, TRITON PCS PROPERTY COMPANY, LLC APPROVED AS TO LEGAL SUFFICIENCY By: TRITON MANAGEMENT COMPANY, INC., its Manager By: Name: Title: t SCOTr D BASHAM VP OF ENGINEERING and OPERATIONS MID-ATLANTIC REGION COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2001, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: Notary Public COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2001, by , CITY CLERK for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public · COMMONWEALTH OF VIRGINIA CITY OF /,~',,z¥'/,,/,'~ ..~_~.~/,,', to-wit: The foregoing instrujn_ ent was acknowledged ~before me this ~q day of 2001, by .5~a/W ,~. ~',~J'h',4-.~ , b(~ttr ,~,'.5/~/a,/'-of TRITON MANAGEMENT COMPANY, INC., MANAGER OF TRITON PCS PROPERTY COMPANY, LLC. My Commission Expires: ~/r No{ary i~ '~ ~' ' I --J ~ ' I I ,:: I : , '.,- -,-,-).~o~. ..~,, ~ ~ JL,~ s_0.jL.: ..9,.:....12-~,:,--1- ~ _ _ -..:_..~,~_ -~ - ~ -- .... i iFI' ]- --o , --- PIN(F) ~ ~ ~;~t~Z~ ~"~ , ~ ~_~ ~'~<> o v · / . .~q po '~'%e ,,,.,, _c:) z "~3.,"',-~. EB I ! ' ~""1 ;,.) .~,,.,,~. o ~ ~.~,~..-- ~ _,, ENCR-:ACHMENT ~ i NOW OR FORMERLY o~] ' CI~ OF VIRGINIA B~CH < ~GPIN: 1465-91-4778 ' I I I PROPOSED RELOCATION OF I I . IND~,N mYER ROAD (~ ~0' R/W) PARCEL R 2 % ] I / ' OPIN. 1465-81-97 ~ ] ~ I D~' 2345 PO 90 Auq ~, 00~ '' SHEET 1 OF 2 ~~J~~~ I ENCROACHMENT AGREEMENT EXHIBIT I ~ ~~ ~ ORA~ BY CS ~o~ s2,~ xR~OR~UU P,~KW,Y E X H ~ B ~ T A ~,m SUITE 200 RICHMOND. VA. 2~256 MR~NIA O~. V~ A3~ FI~ ~ 200-109 TEb (~4) 525-9500 FAX S~-a07~ SC~ t'=l~' - I n PROPOSED 1 45' POLE I PROPOSED LEASE PARCEL ~ 120' VIRGINIA POWER R/W (M.D. 53, PG. 32) dO,, iii 01'25'2.1' ENCROACHMENT AREA ,~, ~'/~ ~',: ~q,// NO2' 10'57"E 1 2.47 SS~'~'~9"W ~':~ (T~E)-- P~N(r) Rev Aug 6, 2001 / SHEET 2 OF 2 9211 ARBORETUM PARKWAY SUITE 200 RICHMOND. VA 23236 l£L. (BO4) 323-9500 I ENCROACHIviENT AGREEMENT EXHIBIT EXHIBIT B .~bitl il, ~ 4~0~ I~OKIr LAKE aR ~1~ IOl ~R~NIA B~. V~ ~ (757) ~-~32 FAX (757) &~-~71 DATE 04/02/01 DRAWN BY GS DESIGN BY ~ CHECX~ BY LRW FILE # 200-10g SCALE 1 · = 50' o 220' (t~e) J~ ENCROACHMENT AREA -- o (SEE DETAIL- SHEET 2) NOW OR FORMERLY CITY OF VIRGINIA BEACH (3PIN: 1465-91-4778 D.B. 2545, PG. 90 ,,,,, I ' I PROPOSED RELOCATION OF "6'~~ ."..>... , t INDIAN RIVER ROAD (110' R/W) I I PARCEL R-2 [ ,., I ; ~.--J-c TY OF VIRGINIA BEACH _b~, .,/¼1;n;~ I ,'~,' I D B. 2545, PG. 90 Aug. 6, SHEET 1 OF 2 9211 ARBORE'TUW PARKWAY SUITE 200 RICHMOND, VA. 23256 TEL: (804) 323-9500 ENCROACHMENT AGREEMENT EXHIBIT EXHIBIT A 4~05 PEMBROKE LAKE CIR SUITE 101 V~RONIA BEACH. VA VI3CE (757) 671-9032 DATE 04/02/01 DRAWN BY GS DESGN BY ~ CHECKED BY LRW FILE ~ 200-109 SCALE 1'=1oo' ~ / PARCEL ' VIRGINIA POWER R/W (U.B. ENCROACHMENT AREA N02'l O'§7"E 12 S65'31'19"W 28'+ (TIE)I PIN(F) Rev. Aug 6, 2001 / 921 I ARBORETUM PARKWAY SUITE 200 RICHMOND, VA. 25256 TEL: (804) 525-9500 ENCROACHMENT AGREEMENT EXHIBIT EXHIBIT B SHEET 2 OF 2 ~lhtte & ~ 4605 PEMBROKE LAKE OR SUITE lOl ~RGINtA BEACH, VA FAX 671-9071 D^~S 04/02/m ORAWN BY (SS DESIGN BY CHECXED BY LRW FILE # 200-109 SCALE .1"=50' IHURST LOCATION MAP SCALE : 1" -- 4,800' LOCATION MAP PROPOSED ACCESS AND TELECOMMUNICATIONS RELATED UTILITIES ENCROACHMENT INTO CITY OWNED PROPERTY (GPIN 1465-91-4778) FOR TRITON PCS PROPERTY COMPANY, L.L.C. SCALE: 1" = 300' PREPARED BY P/W ENG. DRAFT. 31-AUG-2001 - 44 - Item V-K. 5.b. ORDINANCES ITEM # 48 768 Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl ADOPTED Ordtnance to AUTHORIZE temporary encroachment: OSCAR L EVEREJT, III~OIL EQUIPMENT PROPERTIES- A portton of the Ctty's vartable wtdth dratnage easement at 2530 Lynnhaven Parkway to construct a car wash, asphalt parktng, curbtng, vacuum facihttes and dratnage ptptng (DISTRICT 1 - CENTER VILLE The followtng conchttons shall be requtred Temporary encroachment shall be constructed and matntatned tn accordance wtth the laws of the Commonwealth, Ctty of Vtrgtnta Beach, and tn accordance with the Ctty's spectficattons and approval Temporary encroachment shall termtnate upon nottce by the Ctty to the Grantee, and wtthtn thtrty (30) days after nottce ts gtven the temporary encroachment must be removed from the encroachment area by the Grantee, and the Grantee shall bear all costs and expenses of such removal The Grantee shall indemntfy and hold harmless the Ctty, tts agents and employees, from and agatnst all clatms, damages, losses and expenses, tncludtng reasonable attorney's fees, tn case tt shall be necessary to file or defend an actton artstng out of the locatton or extstence of the temporary encroachment Nothing heretn contained shall be construed to enlarge the permtsston and authortty to permtt the maintenance or constructton of any encroachment other than that spectfied heretn and to the hmtted extent specified herein, nor to permtt the maintenance and constructton of any encroachment by anyone other than the Grantee The Grantee agrees to matntatn the temporary encroachment so as not to become unstghtly or a hazard and to promptly repair any damage that may occur tn connectton wtth tts use thereof The Grantee must obtatn a permtt from the Office of Development Servtces Center/Planntng Department prtor to commencing any constructton within the encroachment area The Grantee must, prtor to the tssuance of a permtt, post surettes, tn accordance with their engtneer's cost esttmate, to the office of Development Servtces Center~Planning Department o The apphcant must obtatn and keep tn force all-rtskproperty tnsurance and general habthty or such tnsurance as ts deemed necessary by the Ctty, and all tnsurance pohctes must name the Ctty as addtttonal named tnsured or loss payee, as apphcable The apphcants agree to carry comprehenstve general habthty tnsurance tn an amount not less than $500,000, combined stngle hmtts of such tnsurance pohcy or pohctes The apphcants wtll provtde endorsements provtdtng at least thirty (30) days written nottce to the Ctty prtor to the cancellatton or termtnatton of, or matertal change to, any of the tnsurancepohctes The apphcants assume all responstbthttes and habthttes, vested or conttngent, wtth relatton to the temporary encroachment October 9, 2001 Requested by Department of Public Works 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S VARIABLE WIDTH DRAINAGE EASEMENT LOCATED WITHIN THAT PROPERTY KNOWN AS 2530 LYNNHAVEN PARKWAY BY OSCAR L. EVERETT, III AND OIL EQUIPMENT PROPERTIES, LLP, HIS/ITS HEIRS, ASSIGNS AND SUCCESSORS 1N TITLE 13 WHEREAS, OSCAR L. EVERETT, III AND OIL EQUIPMENT PROPERTIES, LLP, a Virginia limited liability parmership, desire to construct a car wash facility on that certain property located at 2530 Lynnhaven Parkway, Virginia Beach, Virginia 23464-8529 (GPIN 1465-83-3733) and to construct and maintain related asphalt parking, curbing, vacuum facilities and proposed and existing drainage piping into the City's variable width drainage easement which crosses the rear portion of the smd property 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 2 0 2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachments upon the 21 City's easements subject to such terms and conditions as Council may prescribe. 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended OSCAR L. EVERETT, III AND 2 6 OIL EQUIPMENT PROPERTIES, LLP, a Virginia limited liability partnership, his/its heirs, 27 assigns and successors in title are authorized to construct and maintain a temporary 2 8 encroachment for asphalt parking, curbing, vacuum facilities and proposed and existing 29 drainage piping into the City's variable width drainage easement as shown on the plat 30 entitled: "EXHIBIT "A" SHOWING ENCROACHMENT OF EXISTING DRAINAGE 31 EASEMENT · LYNNHAVEN PARKWAY AND THAMESFORD DRIVE 32 CENTERVILLE DISTRICT 1 · VIRGINIA BEACH, VIRGINIA.", a copy of which is on 3 3 file in the Department of Public Works and to which reference is made for a more particular description; and 35 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 3 6 subject to those terms, conditions and criteria contained in the Agreement between the City 3 ? of Virginia Beach and OSCAR L. EVERETT, III AND OIL EQUIPMENT PROPERTIES, 38 LLP, a Virginia limited liability partnership, (the "Agreement") which is attached hereto and 3 9 incorporated by reference; and 40 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as OSCAR L. EVERETT, III AND OIL EQUIPMENT PROPERTIES, LLP, a 44 Virginia limited liability partnership, and the City Manager or his authorized designee execute the Agreement. 46 Adopted by the Council of the City of Virgima Beach, Virginia, on the 9 th 47 day of October ,2001. 48 CA- ~ ~'~ 49 PREPARED 09/11/01 APPROVED AS TO CONTENTS DEPARTMENT APPROVED AS TO LEGAL S UFFI CIEN CY ANtlI~O RM CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-81 l(aX3) AND 58 1-811(¢X4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this Io2 ~'a day of ,.~eP~'~'~'18 fir., 2001, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and OSCAR L EVERETT, III and OIL EQUIPMENT PROPERTIES, LLP, a Virginia limited liability partnership, HIS/ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one WITNESSETH That, WHEREAS, OSCAR L EVERETT, III Is the owner of that certain lot, tract, or parcel of land designated and described as "Lot lB, 3 072 Acres · GPIN 1465-83-3733" and being further designated and described as 2530 Lynnhaven Parkway, Virginia Beach, Virginia 23464-8529, and That, WHEREAS, ~t is proposed by the Grantee to construct and maintain a car wash facility with related asphalt parking, curbing, vacuum facilities and proposed and existing drainage piping, "Temporary Encroachment", in the City of Virginia Beach, and WHEREAS, in constructing and maintaining the Temporary Encroachment, It is necessary that the Grantee encroach into a portion of an existing variable width City drainage easement (ref M B 133, Pg 7) "The Temporary Encroachment Area", and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area GPIN 1465-83-3733 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing orto accrue to the Grantee and for the further consideration of One Dollar ($1 00), ~n hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and ma~ntmmng the Temporary Encroachment It ~s expressly understood and agreed that the Temporary Encroachment will be constructed and maintmned ~n accordance with the laws of the Commonwealth of Virginia and the City of V~rginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit A Temporary Encroachment into The Encroachment Area as shown on that certmn plat entitled "EXHIBIT "A" SHOWING ENCROACHMENT OF EXISTING DRAINAGE EASEMENT LYNNHAVEN PARKWAY AND THAMESFORD DRIVE CENTERVILLE D1 STRICT I · VIRGINIA BEACH, VIRGINIA" Smd plat was prepared by Engineenng Serwces, Inc and is dated 08/29/01 with a Scale of 1" = 50' A copy of the said plat is attached hereto to which reference is made for a more partmular description It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that w~th~n thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee, and that the Grantee will bear all costs and expenses of such removal It is further expressly understood and agreed that the Grantee shall mdemmfy and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the mmntenance or construction of any encroachment other than that specified herein and to the limited extent specified here~n, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee It ~s further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard It ~s further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planmng Department prior to commencing any construction wittun The Encroachment Area It Is further expressly understood and agreed that prior to issuance of a permit, the Grantee must post sureties, in accordance with their engineer's cost esnmate, to the Office of Development Services Center/Planning Department It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as apphcable The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000 00, combined single limits of such ~nsurance policy or pohcies The Grantee will provide endorsements provid~ng at least thmy (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the ~nsurance pohcies The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a hcensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by e~ther the City Engineer's Office or the Engineering D~vis~on of the Public Utilities Department It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the party of the second part, and collect the cost ~n any manner provided by law for the collection of local or state taxes, may require the party of the second part to remove such temporary encroachment, and ~fsuch removal shall not be made within the time ordered hereinabove by this Agreement, the C~ty shall impose a penalty ~n the sum of One Hundred Dollars ($100 00) per day for each and every day that such temporary encroachment is allowed to continue thereafter, and shall collect such compensation and penalties ~n any manner provided by law for the collection of local or state taxes IN WITNESS WHEREOF, OSCAR L EVERETT, III, the smd Grantee has caused this Agreement to be executed by his signature and seal duly affixed Further, that the City of Virgima Beach has caused this Agreement to be executed in ~ts name and on ~ts behalf by its City Manager and its seal be hereunto affixed and attested by ~ts City Clerk IN WITNESS WHEREOF, OIL EQUIPMENT PROPERTIES, LLP, a V~rginia limited liability partnership, has caused this Agreement to be executed ~n its name on ~ts behalf by OSCAR L EVERETT, III, as partner, and J H PRENTIS, IR, as partner, with due authority to bind said limited liability partnership Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and ~ts seal be hereunto affixed and attested by its City Clerk CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST City Clerk "-OSCAR L EVEI~TT~'Ih ' - OIL EQUIPMENT PROPERTIES, LLP, a Virginia limited liability partnership ~ By O'g~AR L EvERETT, III, partner STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit The foregoing instrument was acknowledged before me this day of ., 2001, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER Notary Public My Commission Expires STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-w~t The foregoing instrument was acknowledged before me this day of ,2001, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH Notary Public My Commission Expires STATE OF CITY/COUNTY OF , to-wit The foregoing instrument was acknowledged before me th~s ,_°--,c-~_c'~~001, by OSCAR L EVERETT, III day of My Commission Expires 6_.~-- ~lo~ary l~ublic STATE OF CITY/COUI~-T~ 0~15' ¥-k~)C'~,\ ~ , to-wit The foregoing instrument was acknowledged before me this _ ,,.~ &V, day of ,~oc~/'V~~ 2001, by OSCAR L EVERETT, III, partner, on behalf of OIL EQUIPMENT PROPERTIES, LLP My Commission Expires ~-~"-~otary Public STATE OF N~/x~-Gx~c'x\O,.. CITY/COUNTY OF3 ~2ff'-~?~_ , to-wit' The foregoing instrument was acknowledged before me this PROPERTIES, LLP day of 2001, by J H PRENTIS, JR, partner, on behalf of OIL EQUIPMENT My Commission Expires Notary Public ,~ .~,0,ROV-r-D AS TO CONTENTS ,t,' -. ),r-, ,c. © ~_r_GAL SUFFI C; Z.~ 'CY, ~,i,, Dr..F~RM F~T'{ ATTORNEY , DRAINAGE EASEMENT ~ ~ AREA ~o ~c~,o~cu.~ '..~.~.~: '.'7~.~:. NCROACH~E DATE: 09/07/01 engineering services, inc. CIVIL ENGINEERING - LAND SURVEY[NO 3351STONESHORE ROAD VIRGINIA BEACH, VIRGINIA 23452 (757) 468-'6800 FAX (757) 468-4966 E-MAIL: emalllengnervoa, aom SCALE: 1 "--50' JOB NO. 90289.3 DRAW. NO. R289 EXA PAGE NO.: 1 OF 1 ~ Z Z~ ~ ~ ~ ~ ~ o ~ ~ O~ ~~ O~ ~000~ J ~ ~ ~ 0 0 0000 0000 TI'f 4~£ $FORD ~55 · PO. 22) , LAKE "" DRA!NAGE EASEMENT (M.B. 133, PG. 7) \ '\ AREA OF "'" ENCROACHMENT ] ~) / // / / GPIN 1465-83-3733 4,889 SF TO BACK~,O.~CURB EXHIBIT "A" SHOW i NG ENCROACHMENT OF X ! ST ! NG DRA ! NAGE EASE MENT L YNNHAVEN PARKIIAY AND THAMESFORD DR i VE :ENTERVlLLE DISTRICT 1o VIRGINIA BEACH. VlRGI DRIvE 26.01 ' N21 ' 26' 34 "W engineering services, inc. CIVIL ENGINEERING - LAND SURVEYING 335t $TONESHORE ROAD VIRGINIA BEACH, VIRGINIA 23452 (757) 468--6800 FAX (757) 468-4966 E.-MAIL~ emollIM~gl~O~.oom DATE: SCALE: J OB NO. DRAW. NO. PAGE NO.: 09/07/01 1 "=50' 90289.3 R289 EXA 1 OF 1 This is to notify you that the Virginia Beach City Council, at its Formal Session on April 10, 2001: MODIFIED for OSCAR L. EVERETT, III Conditional Zoning for gas pumps approved Apnl 23, 1991; and, APPROVED, AS CONDITIONED,Conditional Use Perm~tre a car wash, at the southeast corner of Lynnhaven Parkway and Indian R~ver Road 1,2530 Lynnhaven Parkway), containing 3.124 acres (DISTRICT 1 -CENTERVILLE), subject to: , One monument-style free-standing s~gn may be ~nstalled on the parcel as indicated on the submitted site plan. There shall be no s~gns ~nstalled on the building. 2. An on-site manager must be present during hours of 8:00 a.m. to 5:00 p.m. 3. No outside speakers will be allowed. , Approval for encroachment into the ex~sbng drainage easement for the vacuum s ~n the rear of the site must be ranted b/ Council . , Hours of operation for the car wash shall be 6:00 a.m. to 10:00 p.m. as provided for in the Conditional Zoning Agreement for this property recorded ~n the Clerk's Office of the Circuit Court of the City of V~rg~n~a Beach. The s~te layout and overall design, landscaping, and building appearance shall be as provided for in the Conditional Zoning Agreement for this prope~y recorded ~n the Clerk's Office of the C~rcu~t Court of the C~ty of Virginia Beach. AGENDA ITEM #19 & #20 / CONDITIONAL CHANGE OF ZONING & CONDITIONAL USE PERMIT OSCAR L. EVERETT, III (2530 Lynnhaven Parkway) APPROVED BY CITY COUNCIL APRIL 10, 2001 GENERAL INFORMATION Site Location: Southeast corner of Lynnhaven Parkway and Indian R~ver Road 2530 Lynnhaven Parkway (GPIN #1465-83-3733) / DISTRICT 1 - CENTERVILLE. Request: (#19) (#20) Modification of conditional zomng agreement for O~1 Equipment Properties recorded on Aprd 29, 1991 in Deed Book 2982, Page 1236, and approved by C~ty Councd on April 23, 1991. Conditional Use Permit for a car wash Staff Planner: Barbara Duke Purpose: To develop a car wash facility with six self service bays and two automatic car wash bays adjacent to an existing gas station and convenience store Site Size: 3.124 acres Application History: This application was deferred by the Planning Commission ~n January 2001 to allow the applicant to address staff concerns on the s~te layout and architecture. This application was deferred again at the February 14th, 2001 Planning Commission hearing at the request of the applicant. The applicant has submitted a new site plan showing a free-standing sign on the car wash parcel and is requesting that the Planning Commission approve this modification of conditions to include allowing a free- standing sign for the car wash parcel. The staff recommendation remains unchanged in that the second PC Agenda, March 14, 2001 - Page 19&20 -1 free-standing sign is not in keeping with the intent of the original proffer agreement recorded in 1990. Major Issues: · Compabbility w~th ex~st~ng gas station/convenience store in terms of site layout and architecture. · Compatibility of th~s use w~th the surrounding residenbal neighborhoods. · The request for modification of conditions must be similar in quahty to the development of the site as already proffered. LAND USE ZONING AND SITE CHARACTERISTICS Existing Land Use & Zoning: There ~s an existing convenience store with gas pumps on the northern portion of this site, at the corner of Lynnhaven Parkway and Indian River Road. This s~te was ong~nally rezoned from A-12 Apartment District to Conditional B-2 Community Business District w~th a Conditional Use Permit for a gas station on May 29, 1990 subject to the proffer agreement dated April 24, 1990 and recorded in Deed Book 2913, Page 0526. The proffers ~n the onginal agreement are listed below. , All outdoor lights shall be shielded to d~rect light and glare onto the premises. Sa~d hght~ng and glare shall be deflected, shaded and focused away from all adjoining property. 2. Any business activity other than that of convenience store and/or gas station w~ll be restricted to hours of business between 8:00 a.m. and 11:00p.m. 3. The following uses shall not be permitted: animal hospitals, vetennary establishments, pounds, shelters, commercial kennels, auto service centers, and commercial parking lots. , The s~te plan prepared by Engineering Services, Inc., Ciwl Engineers and Land Surveyors, dated March 27, 1990, entitled, "Prehminary Site Plan for Lynnriver Shoppes", and drawing of rear elevation and gas station front and side, all of which has been exhibited to the Virginia Beach City Council and ~s on file with the Virginia Beach Department of Planning, shall be substantially adhered to so that there shall be coordinated development of the site in terms of design, parking layout, access and traffic control and circulation within the site and access to and egress from Indian River Road and Lynnhaven PC Agenda, March 14, 2001 - Page 19&20 -2 Parkway reasonably acceptable to traffic engineering. The original proffered site plan showed a 14, 700 square foot retad building w~th four gas pumps located at the corner of Lynnhaven Parkway and Indian River Road. On Apnl 23, 1991, C~ty Council approved a request to mod#y the original proffer agreement and to modify the cond~bonal use permit for the gas station to include a convenience store. Proffer #4 was amended to reference a new s~te plan, dated February 26, 1991, entitled "Preliminary S~te Plan of Breez-ln at Indian R~ver Road and Lynnhaven Parkway" and new rendenngs for the proposed buildings. All other proffers remained the same. The revised proffer agreement was recorded in Deed Book 2982 Page 1236. The rewsed proffered site plan for Breez-ln showed a 2,922 square foot convenience store with slx gas pumps and a single bay car wash on the westem port/on of the site. A 3, 150 square foot retail/restaurant building located behind the convenience store was shown on the eastern portion of the site. Surrounding Land Use and Zoning: North: South: East: West: · Townhouses / A-12 Apartment D,strict · Lake (Stormwater Facility) / R-10 Residenbal D~strict · S~ngle-Famdy Homes / R-5D Res,dential District · Open Space / P-1 Preservation Distnct and R-7.5 Res~denbal District Zoning and Land Use Statistics: With existing zoning- The ex~sting gas stat~on/convemence store and single bay car wash (not built) as well as a 3,150 square foot retail/restaurant use (not built) in accordance with ex~stmg recorded proffers ~n Deed Book 2982 Page 1238. With proposed zoning- The ex~sting gas station/convenience store and an e~ght bay car wash facility (s~x self serve bays and two automatic bays) ~n accordance with the proposed proffers. A discussion of the proposed proffers is prowded later ~r~ this report. Zoning History: The s~te is located in an area that was developed ~n the 1970s as a residential community. With the exception of the subject s~te, there have been no requests to rezone property ~n th~s area since 1975. In 1983, a request to rezone the subject s~te to B-2 was den~ed. In 1990, a request to rezone the property to Condibonal B-2 was approved by C~ty Council along with a Conditional Use Permit for a gas stahon. In 1991, a reconsideration of conditions (modification of proffers) was approved by PC Agenda, March 14, 2001 - Page 19&20 -3 City Council along with a new Conditional Use Permit for a gas station and convenience store. AICUZ: This s~te is located ~n the less than 65 db Ldn noise zone surrounding NAS Oceana. Environmental/Physical Characteristics: The western part of the s~te is developed with a gas station and convenience store. A lake extends into the eastern portion of the s~te, separating th~s s~te from the adjacent single family neighborhood. COMPREHENSIVE PLAN The Comprehensive Plan recommends use of this parcel for retail, service, and other compatible uses within commercial centers servicing surrounding neighborhoods and communities. PUBLIC SERVICES AND FACILITIES Water: There is a 16 inch water mare in Lynnhaven Parkway on the north side of the property and there is a 12 ~nch water main ~n Indian River Road on the west side of the property. Th~s s~te must connect to C~ty water. Sewer: There ~s an 8 inch gravity sewer main in Lynnhaven Parkway extended to the property. Th~s site is already connected to C~ty sewer. Traffic: Street Name Indian River Road Present Volume 14,000 ADT Present Capacity 17,300 - 31,700 (Level of Service C-E) Generated Trips Per Day Existing: * 1,953 ADT Lynnhaven Parkway 18,000 ADT ADT = Average Da~ly Trips 17,300 -31,700 (Level of Service C-E) Proposed: ** 2,817 ADT * (based on ex~sting gas station and convenience store) ** (car wash trips added to existing trips) Master Transportation Plan: PC Agenda, March14,2001 - Page19&20 -4 Indian R~ver road ~n the vicinity of this application is currently a four lane divided major urban arterial, which rapidly narrows to a two lane rural section just south of this site. The facility is designated on the Master Transportation Plan as a 120 foot wide right of way divided with a mulh-use trail and scenic easement. Lynnhaven Parkway in the vicinity of this applicahon is currently a four lane dw~ded major urban arterial, which narrows to a two lane rural sechon just west of the ~ntersecbon. The facihty ~s designated on the Master Transportabon Plan as a 100 foot w~de divided right of way w~th a multi-use trail. Capital Improvement Program: Indian R~ver Road Phase VII (VDOT) wdl provide a four lane section from Lynnhaven Parkway south to Elbow Road. Th~s project is scheduled to beg~n construction ~n 2004 and continue for two years. Lynnhaven Parkway Phase XI (VDOT) will provide a four lane section from Indian River Road west to Volvo Parkway in Chesapeake. This project ~s scheduled to begin construction in 2004 and continue for two years. Fire Protection: Adequate Police Protection: Adequate PROPOSAL SUMMARY Setting: The proposed car wash wdl be sited to the east of the existing gas pumps and convenience store. The access po,nts shown on the submitted site plan are ex~sting and no new access points are proposed. There is an existing man-made lake on the easternmost port,on of the s~te. The bank of the lake is stabilized by Iow-growing vegetation around the lake area on the eastern port~on of the s~te. Site Design: The car wash s~te has been designed to share access w~th the convemence store/gas station. The new parking layout, traffic control and circulabon on the s~te have been well coordinated w~th the ex~st~ng ~mprovements. PC Agenda, March 14, 2001 - Page 19&20 -5 The proposed car wash building ~s approximately 4,000 square feet ~n size. Although this building is shghtly larger than the 3,150 square foot retail/restaurant building approved in 1991, the amount of ~mpervious surface on the site has not increased. This ~s due to the fact that the parking requirement for a car wash is much less than the parking required with a retad/restaurant use. The proposed car wash bu,ld~ng s~ts ~n approximately the same location and orientation as the retad/restaurant building approved ~n 1991, Several parking spaces equipped with car vacuums for customer use are shown ~n the rear of the s~te. The area where the vacuum spaces are shown is w~th~n a pubhc drainage easement that is recorded in Map Book 133, Page 7. The applicant must obtain approval from C~ty Council through an encroachment agreement to allow these vacuum spaces within the easement area. The applicant is aware of this requirement and has apphed to Pubhc Works/Real Estate for the encroachment. Stormwater management for the s,te wdl be d~rected to the lake on the eastern portion of the s~te. Vehicular and Pedestrian Access and Circulation: There are two existing entrances for the gas station/convenience store, one each on Lynnhaven Parkway and Indian River Road. The applicant has designed the car wash s~te to use these two existing entrances and does not propose any new entrances. The proposed site plan shows a pedestrian walkway that will be added east of the Lynnhaven Parkway entrance to connect the ex~sting convenience store to the sidewalk on Lynnhaven Parkway. This walkway has been designed in accordance with the new retail guidelines I~sted ~n Section 246 of the City Zoning Ordinance. Architectural Design: The front of the car wash building has been oriented behind the Breez-ln Convenience Store so that the open bays are not d~rectly facing either Lynnhaven Parkway or Indian R~ver Road. The building orientation is s~milar to both the ongmal 1990 s~te plan showing the retail shops and the 1991 site plan showing the retad/restaurant use. The roof of the car wash building has been designed to be compatible and PC Agenda, March14,2001 - Page19&20 -6 complementary to the roof on the ex~st~ng convenience store. The roof will be of the same material (composition shingles) and color as the ex,st~ng convenience store roof. The entire car wash building, both bays and equipment room, w~ll be brick to match the convenience store. There w~ll be a band of three preflnished metal fascia panels above the bnck, painted green/white/green. The building face above the fascia panels on the equipment room will be Extenor Insulated Finishing System Th~s area will also contain a clock face and s~gnage. The apphcant is proposing to have two canopies extending from the automatic car wash bays. The canopies w~ll repeat the same green and white stripe pattern shown for the fascia. · A window has been added to the side of the building that faces Lynnhaven Parkway to add architectural ~nterest. Landscape Design and Open Space: The proposed landscape plan shows an undulabng berm along the car wash portion of the s~te fronting Lynnhaven Parkway. The berm w~ll be part of a landscape buffer that ranges from 30 feet to 10 feet in width. The berm be planted w~th Crepe Myrtle trees and Dwarf Pfitzer Juniper shrubs. This landscape design exceeds the requirements of the retail guidelines iisted in Section 246 of the C~ty Zoning Ordinance. Foundabon plantings for the porhon of the car wash building facing Lynnhaven Parkway are prowded. New shrubs are also prowded in front of the Lynnhaven Parkway side of the ex~sting convenience store, and the existing landscape island ~n this area will be enlarged. The apphcant has shown the extension of Category VI landscaping, which consists of a fence and Southern Wax Myrtle shrubs, along the entire perimeter adjacent to the lake. PROFFERS 1. "PROFFER 2" is amended and modified to read as follows: Any business activity other than that of convenience store and/or gas station w~ll be restricted to the hours of business between 6:00 a.m. and 10:00 p.m. PC Agenda, March 14, 2001 - Page 19&20 -7 Staff Comment: This proffer Is acceptable. The ong~nal hours of operation associated with thls s~te were listed as 8:00 a.m. to 11:00 p.m (Deed Book 2913 Page 0256). The change m hours to begin bus~ness earher and end business earlier each day will restnct the hours of night operation for the car wash. . "PROFFER FOUR" is amended and modified to read as follows: The site plan entitled "Illustrative Site Plan For Car Wash Facility, Indian R~ver Road at Lynnhaven Parkway", dated 8/07/00, prepared by Engineering Services, Inc. ("S~te Plan"), which has been exhibited to the Virginia Beach City Council and is on file w~th the Virginia Beach Department of Planning shall be substantially adhered to so that there shall be coordinated development of the Property in terms of design, parking layout, access, traffic control and c~rculat~on within the site, and access to, and ingress and egress from Indian R~ver Road and Lynnhaven Parkway. The structures designated on the Site Plan as "BREEZ-IN CONVENIENCE STORE" and "OVERHEAD CANOPY" are and shall be in substantial conformity w~th the color architectural rendering entitled, "Rendering of Proposed Buildings at Breez-ln Site, Lynnhaven Parkway and Indian R~ver Road, dated February 26, 1991", which rendering ~s on file w~th the Virginia Beach Department of Planning. Those structures depicted and located within the area designated "Phase 2" on the S~te Plan shall be constructed ,n substantial conformity w~th the architectural rendering entitled "CARWASH FOR OIL EQUIPMENT PROPERTIES" dated December 22,2000, Revised January 22, 2001, prepared by Edward R. Roehm, Architect, which rendering has been exhibited to the V~rg~n~a Beach C~ty Council and ~s on file with the Virginia Beach Department of Planning. When the area designated "Phase 2" on the Site Plan is developed, it shall be landscaped ~n accordance w~th the "PRELIMINARY LANDSCAPE PLAN FOR CAR WASH FACIILITY" dated 9/15/00, prepared by Engineenng Serwces, Inc., which plan has been exhibited to the Virginia Beach City Councd and is on file with the Virginia Beach Department of Planning. All buddings shall be constructed w~th the same type of budding materials and colors ~n substantial conformance w~th the rendenng. All roofs, including the gas pump canopy, shall also be of simdar design, color and matenals in substantial conformance with the rendenng. The facade on the backs of the buildings must match the bnck on the front. The s~des of the buildings facing streets shall be "non-rear" type treatments. E~ther windows or doors (real or s~mulated) or some type of architectural treatment of the brick facade shall be incorporated in the final design of these buildings. Additionally, a freestanding monument-type sign shall be provided where indicated on the s~te plan. Th~s sign shall be eight feet (8') or less in height and ~n accordance w~th all City ordinances and regulations. Staff Comment: Thls proffer is acceptable. The applicant has proffered architectural renderings and a s~te layout that are comparable in quafity to the plans proffered m 1991. In addition, a landscape plan that exceeds current PC Agenda, March 14, 2001 - Page 19&20 -8 standards is now being proffered whereas there was no landscape plan /ncluded /n the 1991 proffer. . All of the terms, conditions, covenants, servitudes and agreements set forth in "Proffered Covenants, Restrictions and Conditions" dated April 24, 1990, and recorded in the aforesaid Clerk's Office in Deed Book 2913, at Page 0526, save and except, Proffer Two and Proffer Four as specifically amended and modified herein, shall remain ~n full force and effect, running w~th the Property and b~nding upon the Property and upon all parties and persons cla~m~ng under, by or through the Grantor, h~s heirs, personal representatives, assigns, tenants, and other successors ~n interest and title. Staff Comment: This proffer is acceptable. The original agreement recorded /n Deed Book 2913, Page 0526 contained four proffers. Original proffers numbered 2 and 4 have been modified as stated above under (1) and (2). Original proffers numbered I and 3 will remain part of the new agreement. Original proffers numbered 1 and 3 are listed below: Original Proffer 1: All outdoor lights shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded and focused away from all adjoining property. Or/.qinal Proffer 3: The following uses shall not be permitted: animal hospitals, veterinary estabhshments, pounds, shelters, commercial kennels, auto serwce centers, and commercial parking lots. City Attorney's Office: The City Attorney's Office has reviewed the Agreement dated September 15, 2000, and has determined that it is in legally acceptable form. EVALUATION The modification to the Conditional Zoning Agreement and site plan approved by C~ty Council on Apnl 23, 1991 and the request for a Conditional Use Permit for a car wash are acceptable. The use of th~s s~te for a car wash facihty ~s ~n keeping with the ~ntent of the Comprehensive Plan. The major issues identified for th~s s~te are the compatib~hty of new ~mprovements w~th existing improvements, quality of site and budding design, and screening and buffenng for the surrounding residential neighborhood. The s~te plan and architectural rendenngs submitted with this request adequately address these issues. The applicant has provided a 15 foot buffer of Category VI screening along the lake bank. The lake itself provides an additional 90 feet to 200 feet of buffer area for the adjacent neighborhood of Rosemont Forest. It is recommended that the modification of proffers and request for a conditional use permit for a car wash be approved subject to the conditions PC Agenda, March 14, 2001 - Page 19&20 -9 I~sted below. CONDITIONS 1. No free-standing sign, other than the existing monument s~gn at the corner of Lynnhaven Parkway and Indian River Road, will be allowed on this site. 2. An on-s~te manager must be present dunng hours of 8:00 am to 5:00 pm. 3. No outside speakers w~ll be allowed. 4. Approval for encroachment into the existing drainage easement for the vacuum spaces ~n the rear of the site must be granted by City Council. Hours of operahon for the car wash shall be 6:00 a.m. to 10:00 p.m. as provided for in the Conditional Zoning Agreement for this property recorded ~n the Clerk's Office of the C~rcuit Court of the City of Virginia Beach. 6. The s~te layout and overall design, landscaping, and building appearance shall be as provided for in the Conditional Zoning Agreement for this property recorded in the Clerk's Office of the C~rcuit Court of the C~ty of Virginia Beach. INote: Further conditions may be required during the administration of applicable CityI Ordinances. Plans submitted with this rezoning application may require I revision during detailed site plan review to meet all applicable City Codes. PC Agenda, March 14, 2001 - Page 19 & 20 - 10 II1.11.1 lhll,~ -,,,,il , Oscar Everrett (proposed site plan) PC Agenda, March 14, 2001 - Page 19&20 -11 ltl Oscar Everrett (proposed landscape plan) PC Agenda, March 14, 2001 - Page 19 & 20 - 12 Oscar Everrett (proposed landscape plan- closer view) PC Agenda, March14,2001 - Page19&20 -13 I!I Z 0 w bJ I-- Ld I- n,' 0 Z Oscar Everrett (proposed building elevations) PC Agenda, March 14, 2001 - Page 19 & 20 - 14 DR.- LOCATION MAP I SCALE : 1" = 1~600~ - LYNNHAVEN LOCATION / / LOCATION MAP ASPHALT PARKING, CURBING, VACUUM FACILITI AND PROPOSED AND EXISTING DRAINAGE PIPII~I~ IN VARIABLE WIDTH CITY DRAINAGE EASEMENT FOR OIL EQUIPMENT PROPERTIES, LLP SCALE: 1" = 200' PREPARED BY P/W ENG. DRAFT. 1,4-SEP-2001 - 46- Item V-L. PLANNING ITEM # 48 769 1. JOHN M. BARBER APPEAl/VARIANCE 2. THE FRANCISCUS CO. VARIANCE AND CONDITIONAL USE PERMIT $. MICHAEL D. SIFEN, INC. CONDITIONAL USE PERMIT 4.DOBBS & DUNN CONDITIONAL USE PERMIT 5. KBBK INV. LLC CONDITIONAL USE PERMIT 6. TAMA YA CHEMICAL CORPORA TION CHANGE OF ZONING DISTRICT CLASSIFICATION 7. OCEANA ASSOCIATES, L.L. C. MODIFICATION OF CONDITIONS (COZ APPROVED 9/14/99) October 9, 2001 Item V-L. -47- PLANNING ITEM # 48 770 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl APPROVED in ONE MOTION items 1, 2 (AS REVISED),& 4, 5, (AS REVISED),6 and 7 of the PLANNING AGENDA item 2 was APPROVED, BY CONSENT, wtth Revtsed Con&tton item 5 was APPROVED, BY CONSENT, wtth Revtsed Condtttons Vottng' 11-O (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 Wtlham D Sessoms, Jr and Rosemary Wilson Counctl Members Vottng Nay None Counctl Members Absent None Mayor Oberndorf and Counctl Lady Parker will vote NAY on item L 1 (Barber) Counctl Lady McClanan wtll vote Nay on Item L 4 (Dobbs and Dunn) October 9, 2001 - 48 - Item V-L. 1. PLANNING ITEM # 48 771 Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, Ctty Counctl APPROVED the apphcatton of JOHN M. BARBER for an APPEAL to dectston of Admtntstrattve Officers re certatn elements of the Subdivision Ordtnance, Sectton 4 4(b), that requtres all newly created lots meet the requtrements of the Ctty Zonmg Ordmance (CZO) Appeal to Dectstons of Admtntstrattve Officers tn regard to certatn elements of the Subdtvtston Ordtnance, Subdtvtston for John M Barber Property ss located at the northeast corner of Btrdneck Road and Olds Lane (GPIN #2416-48-8556, #2416-48-8488) DISTRICT 6 - BEACH The followtng condttton shall be requtred Access to Lots 2 and 3from Olds Lane shall be shared equally along the proposed property hne that ss perpen&cular to Olds Lane The access shall be a mtntmum of twenty (20)feet tn wtdth (ten feet on each lot), and shall extend north tnto the lots a mtntmum offorty (40)feet The access shall be tmproved wtth an all-weather surface, such as asphalt, concrete, or an acceptable matertal approved by the Planntng Dtrector Voting 9-2 (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, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay Mayor Meyera E Oberndorf and Nancy K Parker Counctl Members Absent None October 9, 2001 Item V-L.2. - 49- PLANNING ITEM # 48 772 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED the apphcattons of THE FRANCISCUS CO. for a Vartance and ADOPTED an Ordmance for a Condmonal Use Permtt Apphcatton of The Franctscus Co, for a vartance to Sectton 5B of the &te Plan Ordtnance, Floodplatn Regulattons Property ss located on the south stde of Elbow Road, 1950feet east of In&an Rtver Road (GPIN #1474-66- 1095) DISTRICT 7 - PRINCESS ANNE The followtng condittons shall be requtred The filhng tn the floodplatn shall be hmtted to the area of the dttch as shown on the submitted plan entttled, "Genovese Property Floodplatn Vartance Exhtbtt" by The TAF Group dated 5/30/01 and revtsed 8/8/01 Mtttgatton area(s) shall be determtned durtng the detatled plan revtew process Extsttng wooded areas shall be avotded tf posstble AND, ORDINANCE UPON APPLICA TION OF THE FRANCISCUS CO FOR A CONDITIONAL USE PERMIT 10013080 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon Apphcatton of The Franctscus Co, for a Conchttonal Use Permtt for Open Space Promotton on certatn property located on the south stde of Elbow Road begtnntng at a pomt 1950feet east of lndtan Rtver Road (GPIN #1474-66-1095) Satd parcel contatns 35 9 acres more or less DISTRICT 7 - PRINCESS ANNE The followtng conchttons shall be reqmred The subchvtston shall be developed as deptcted on the submttted subdtvtston plan entttled, "Genovese Property Open Space Promotton Plan" by The TAF Group dated 1/31/01 and revised 8/8/01 The plan shall be clarified for lots abutttng wetlands and floodplatn to show the rear lot hne correspondtng wtth the edge of floodplatn or edge of Southern Watersheds Management Area buffer orjurtsdtcttonal wetlands, whtchever ts farthest west The rear lot hnes tn thts area shall be field dehneated wtth orange safety fenctng prtor to any land disturbance Thts requtrement shall be noted tn boldface type on the constructton plans and documents The plan shall also tnclude the retentton of the extsttng trees on proposed Lots 11 through 16, except as necessarF for construction of the stngle-_famtl¥ dwelhng andfor stte dratnage on each lot The wetlands and floodplatn area on the eastern stde of the property shall be de&cated to the Ctty of Vtrgtma Beach as tndtcated on the submttted subdtvtston plan A pubhc access easement shall be provtded for access to thts area tn the locattons shown on the subdtvtston plan The property north of Elbow Road Relocated shall be dechcated to the Ctty of Vtrgmta Beach as mthcated on the submttted subchvtston plan October 9, 2001 - 50- Item V-L.2. PLANNING ITEM # 48772 (Continued) Lot 3 shall be reserved for a pertod of l O years from the date of City Counctl approval for a potenttal street tie to the adjacent property to the west A stgn must be tnstalled and matntatned on Lot 3 to tnform potenttal buyers of restdenttal lots of the future street tie A 20-foot ingress~egress easement shall be recorded for access to the extsttng restdenttal parcel as shown on the submttted subdtvtston plan 6 A brtck monument style stgn and landscaptng shall be tnstalled as depicted on the submttted subdtvtston plan 7 Street trees shall be provided as deptcted on the submttted subdtvtston plan All open space area, other than that proposed for dedtcatton to the City, shall be owned tn common by a Homeowners Assoctatton Thts tncludes the followtng areas Open space west of the SO-foot Southern Watersheds Management Area buffer tn the area of the stormwater management pond, b Open space at the entrance of the subdtvtston south of Elbow Road relocated, and c access paths to dedtcated open space The Homeowners Assoczatton shall be responstble for matntenance of these areas, the entrance stgn and landscaptng wtthtn the open space areas. Membershtp tn the Homeowners ' Assoctatton shall be mandatory. Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Ntnth of October, Two Thousand One Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None October 9, 2001 Item V-L.$. - 51 - PLANNING ITEM # 48 773 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl ADOPTED an Or&nance upon Apphcatton of MICHAEL D. SIFEN, INC. for a Condmonal Use Permtt ORDINANCE UPON APPLICA TION OF MICHAEL D SIFEN, INC FOR A CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES 10013081 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA An Or&nance upon Apphcatton of Mtchael D Stfen, Inc, a Vtrgtma corporatton, for a Condtttonal Use Permit for mint-warehouses on the west side of General Booth Boulevard, 550feet more or less north of Dam Neck Road (GPIN #2415-46-4253, #2415-46-8154) Satd parcel contatns 5 609 acres DISTRICT 6 - BEA CH The followtng con&ttons shall be reqmred The stte shall be substantially developed as shown on the plan entttled, "Layout and Landscape Plan of Mtnt Prtce Self Storage - General Booth Boulevard," dated 7-6-01, prepared by &te Improvement Assoctates, whtch has been exhtbtted to Ctty Councd and ts on file with the Planntng Department No &rect access to General Booth Boulevard wtll be allowed Access must be gatned through the extsttng prtvate ingress~egress easement located on the adjacentproperty to the north (presently a Golden Corral Restaurant) The entrance drtve atsle as shown on the submitted stte plan must be destgned to show the access from the adjacent parcel to the north and tt must meet the requtred radtus for truck traffic that wdl be assoctated wtth thts use The butldtngs shall be constructed as shown on the submttted elevatton entttled "Mtnt Prtce Self Storage - General Booth Boulevard" by Marttn and Marttn Archttecture, Inc , whtch has been exhtbtted to Ctty Counctl and ts on file wtth the Planmng Department Landscaping shall be tnstalled as deptcted on the stte plan entitled "Mtnt Prtce Self Storage Facthty at General Booth Boulevard" dated 7-6-01, prepared by &te Improvement Assoctates, whtch has been exhtbtted to Ctty Councd and ts on file wtth the Planntng Department However, the followtng revtstons shall be made to the plan prtor to stte plan submtttal The stte plan must be mo&fled to show a fifteen-foot (15') buffer along the rearproperty hne and retentton of extsttng trees wtthtn the buffer tn accordance wtth the condttton of the February 24, 1986, rezomng to B-2 on thts property The apphcant must make efforts to preserve extsttng trees wtthtn the fifieen-foot (15') buffer along the south stde of Buddtng Four, adjacent to Dam Neck Square Apartments These extsttng trees can be supplemented wtth new plant matertal as necessary to form a sohd screen An encroachment agreement must be obtatned for the tmprovements shown wtthtn the 55-foot wtde dratnage easement Access potnts for the easement area need to be tdenttfied on the detaded stte plan October 9, 2001 Item V-L.$. - 52 - PLANNING ITEM # 48 773 (Continued) 10 The extsttng property hnes within the stte must be vacated and the property consohdated tnto one (1) parcel Any outdoor hghttngfixtures shall not be erected any htgher than 14feet (14') Conststent wtth Sectton 237 of the Ctty Zomng Or&nance, all outdoor hghts shall be shtelded to &rect hght and glare onto the mmt-warehouse premtses, satd hghtmg and glare shall be deflected, shaded and focused away from all addotntng property There shall be no electrtc or &esel power generator or generator fueled by any other source of energy located outstde of any bud&ng The storage untts shall be used for the storage of goods The untts shall not be used for office purposes, band rehearsals, restdenttal dwelhngs, or any other purpose not conststent wtth the storage of goods The freestan&ng sign must be a monument style stgn, no greater than etght feet tn hetght wtth a base to match the bml&ngs There shall be no bustness tdenttficatton stgnage on the walls or roof of the bud&ngs tn the factltty or on the fence tnstalled around the facdtty The fenctng and gate enclostng the stte must be as provtded for on the stte plan No barbed wtre, razor wire, or any other fenctng devtces shall be mstalled on the roof or walls of the bud&ngs or on any other fence enclostng the property Thts Or&nance shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Or&nance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Nmth Of October, 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 Councd Members Vottng Nay None Councd Members Absent None October 9, 2001 Item V-L. 4. - 53 - PLANNING ITEM # 48 774 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED an Ordtnance upon Apphcatton of DOBBS & DUNN for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF DOBBS & DUNN FOR A CONDITIONAL USE PERMIT FOR A FIREWOOD PREPARATION FA CILITY 10013082 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA An Ordtnance upon Apphcatton of Dobbs & Dunn for a Conchttonal Use Permttfor a firewood preparatton facthty on property located on the east stde of Sykes Avenue, south of Southern Boulevard (GPIN #2417-22-1884) Satd parcel ts located at 124 Sykes Avenue and contatns 3 acres DISTRICT 6- BEA CH The followtng conchttons shall be reqmred 1 All storage on stte shall conform to the Vtrgtnta Statewtde Ftre Prevention Code A stte plan shall be submitted to the Development Servtces Center to ensure comphance wtth all apphcable codes and requtrements Thts Ordtnance shall be effecttve tn accordance wtth Section 107 09 of the Zomng Or&nance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgmta, on the Ntnth Of October, Two Thousand One Vottng 10-1 (By Consent) Council Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, 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 Reba S McClanan Counctl Members Absent None October 9, 2001 Item V-L.$. - 54 - PLANNING ITEM # 48 775 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl ADOPTED an Or&nance upon apphcatton of KBBK, INC., for a Con&ttonal Use Permtt ORDINANCE UPON APPLICATION OF KBBK, INC, FOR A CONDITIONAL USE PERMIT FOR MINI- WAREHO USES 10013083 An Or&nance upon Apphcatton of KBBK INV LLC for a Con&ttonal Use Permtt for mtnt-warehouses on the south stde of Vtrgtnta Beach Boulevard, 40feet more or less west of Maxey Drtve (GPIN #2407-46-5031) Said parcel contatns 1 904 acres DISTRICT 6 - BEACH The followtng con&ttons shall be requtred 5 The stte shall be developed substanttally tn accordance wtth the submttted conceptual stte plan titled "PROPOSED SELF- STORA GE COMPLEX CONCEPT PLAN, "prepared by Gallup Surveyors and Engtneers, Ltd, dated 19 Aprtl 2001 Satd plan ts on file tn the Ctty of Vtrgmta Beach Planntng Department The plan may, however, be mo&fled as needed to meet the requtrements of the Ctty Zontng Or&nance The extertor of the proposed mtnt-warehouse complex shall be constructed substanttally tn accordance wtth the submttted untttled elevattonprepared by Porterfield Destgn Center, Gerald A Porterfield Said plan ts on file wtth the Ctty of Vtrgtnta Beach Planntng Department A twenty-two foot (22') tngress/egress easement across the parcel to the west for access to thts site shall be recorded wtth the Clerk of the Ctrcutt Court prtor to approval of the stte plan by the Development Servtces Center of the Ctty of Vtrgtnta Beach Planmng Department The stte plan descrtbed tn Con&tton 1 shall be mo&fled durtng detatled stte plan revtew as necessa~ to extend a row of wax myrtles, rtver btrch, and wtllow oak parallel to the enttre southern bounda~_ of the stte adlacent to 1-264, conststent wtth and tn ad&tton to the landscape plan bY Patsy Kerr, dated duly 15, 1999, and approved bY the Chesapeake Bay Preservatton Area Board on September 27, 1999 The fence shown on the site plan descrtbed tn Con&tton 1 shall be wrought-tron s_tyle Thts Or&nance shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Or&nance Adopted by the Counctl of the City of Vtrgtnta Beach, Vtrgtnta, on the Ntnth o_f October , Two Thousand One October 9, 2001 Item V-L.$. - 55- PLANNING ITEM # 48 775 (Continued) Vottng 11-0 (By ConsenO Counctl Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Council Members Absent None October 9, 2001 - 56- Item V-L. 6. PLANNING ITEM # 48 776 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED an Ordtnance upon apphcatton of TAMA YA CHEMICAL CORPORA TION for a Change of Zontng Dtstrtct Classt_ficatton ORDINANCE UPON APPLICATION OF TAMAYA CHEMICAL CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R- 7 5 RESIDENTIAL TO CONDITIONAL O- 1 OFFICE 10011210 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA An Ordtnance upon Apphcatton of Tamaya Chemtcal Corporatton for a Change ofZontng Dtstrtct Classt_ficatton_from R-7 5 Restdenttal Dtstrtct to Condtttonal 0-1 Office Dtstrtct on the north stde of Old Vtrgtnta Beach Road, east ofBtrdneck Road (GPIN #2417-68-3052) Theproposedzomng classtficatton change to Condtttonal 0-1 ss for office land use The Comprehenstve Plan recommends use of thts parcel for suburban restdenttal/low denstty at denstttes that are compattble wtth stngle-famtly use tn accordance wtth other Plan pohctes Satd parcel ts located at 1008 Old Vtrgtnta Beach Road and contatns 28, 923 84 square feet DISTRICT 6 - BEACH The followtng condttton shall be requtred, 1 An agreement encompasstngproffers shall be recorded wtth the Clerk of Ctrcutt Court Thts Ordtnance shall be effecttve tn accordance wtth Section 107 (j) of the Zomng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Ntnth of October, Two Thousand One Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None October 9, 2001 Item V-L. 7 -57- PLANNING ITEM # 48 777 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl MODIFIED CONDITIONS upon apphcatton of OCEANA ASSOCIATES, L.L.C.: ORDINANCE UPON APPLICATION OF OCEANA ASSOCIATES, L L C FOR MODIFICATION OF CONDITIONS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-SD RESIDENTIAL DUPLEX TO CONDITIONAL I-1 LIGHT INDUSTRIAL Z09991143 An Ordtnance upon Apphcatton of Oceana Assoctates, L L C, for a Modification of Condtttons placed on a Change of Zontng District Classtficatton from R-SD Restdenttal Duplex Dtstrtct to Condtttonal I-1 Ltght Industrtal Dtstrtct and approved by Ctty Counctl on September 14, 1999. Property ss located at 3200 Dam Neck Road (GPIN (41495-14-0639) DISTRICT 7- PRINCESS ANNE Theproffer agreement shall be modified to allow the converston of a portton of the property ortginally tdenttfied as office- warehouse to mint-storage Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Council Members Vottng Nay None Counctl Members Absent None October 9, 2001 City of Virginia Beach II, ITEi~-OFFICE CO~ESPOJqPEI, ICE In Reply Refer To Our File No. DF-5433 DATE: September 27, 2001 TO: Leslie L. Lilley DEPT: City Attorney FROM: B. Kay Wilson~x'~ DEPT: City Attorney Conditional Zoning Application Oceana Associates, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 9, 2001. I have reviewed the subject proffer agreement, dated July 14, 2001, and have determined it to be legally sufficiem 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 PRERN:IED BY: 8, CARNES, BOURI:X)N & AHERN, P.C. rTORNEY8 AT LAW FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS CONDITIONS OCEANA ASSOCIATES, L.L.C., a Virginia limited hability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth Virginia AND of THIS AGREEMENT, made this 14~ day of July, 2001, by and between OCEANA ASSOCIATES, L.L.C., a Virginia limited liability ccrapany, Property Owner, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH: WHEREAS, Property Owner is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 12.88 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference, said property hereinafter referred to as the ~Property"; and WHEREAS, the Property is subject to "Proffered Covenants, Restrictions and Conditions' dated March 15, 1999 accepted by the Grantee and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4143, at Page 2193 {"Proffer'}. WHEREAS, the Grantor has developed a substantial portion of the Property in accordance with the Proffer and desire to increase the area allocated for mini-storage while decreasing the area allocated for office warehouse; and WHEREAS, the Grantor has by petition addressed to the Grantee, applied to modify, in part, the previously recorded Proffer governing development of the Property; and WHEREAS, the Grantor has requested the Grantee to accept modifications and _~_mendments to the Proffered Covenants, Restrictions and Conditions {"proffer') recorded in Deed Book 4143, at Page 2193, which amendments and modi6cations are set forth herein; and GPIN: 1495-14-0639 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 use, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the 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, the following three (3) amendments to the previously proffered conditions related to the physical development, operation, and use of the Property to be incorporated as a part of the previously adopted amendment to the Zoning Map. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, Grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or ~ pro cmo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following amended and modified declaration of conditions, covenants, restrictions as to the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or throu§h the Grantors, their successors, personal representatives, assigns, Grantees, and other successors in interest or rifle. Except as expressly superseded and modified herein, all remaining Covenants, Conditions and Restrictions as set forth in the Proffer are ratified and ~ed and remain binding upon the Property. The following shall be added as Condition number 6: 6. A portion of the Property depicted and designated to be developed as Office Warehouse on the Concept Plan shall be converted to and developed as mini- 2 storage in the buildings designated *Proposed Mini Storage' on the exhibit entitled *PRELIMINARY PLAN OF OFFICE/WAREHOUSE CONVERSION TO MINI STORAGE AT DAM NECK COMMERCE PARK FOR OCEANA ASSOCIATES', prepared by Land Design and Development, Inc. (the ~Conversion Plan') which Conversion Plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. All references hereinabove to the I-1 Zoning 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 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 amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.9--2204 of the Code of Virginia, 19S0, 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 all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and PREI~ BY:. & AHERN, P.O, ~ AT LAW restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (bi 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 buildin[~ 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 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. 4 ~ BY: :ES, OARNES, BOUFIDON & AHEI~ PC. WITNESS the foUowing signature and seal: GRANTOR: OCEANA ASSOCIATES, L.L.C., a Virginia limited liability company By: 0Jesse M-ar~, Member (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 17th day of July, 2001, by Jesse Martin, Member of Oceana Associates, L.L.C., a Virginia limited Uability company, on behalf of said corporation. Notary Public My Commission Expires: August 31, 2002 PARCEL h All of that certain lot, piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel 'A' as shown on that certain plat entitled ~Subdivision of Property Madge E. Johns, Princess Anne Borough, Virginia Beach, Virginia', made by palmer Smith, C.L.S., dated July 20, 1966, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia; reference to said plat being hereby made for a more particular description and location of the property conveyed herein. PARCEL II: All those certain 10ts, pieces or parcels of land, lying, situate and being in the City of Virginia Beach, Virginia, and being described more particularly as follows: PARCEL II{a): All that certain lot, piece or parcel of land designated as Parcel Number One 5.894 Ac. as shown on the certain plat entitled "Survey of Property of Madge E. Johns Estate~, dated January 30, 1976, and made by Bruce B. Gallup, Surveyor, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 114, at Page 41. PARCEL II(b): All that certain piece or parcel of land designated as Parcel Number Two 6.164 Ac. as shown on that certain plat entitled "Survey of Property of Madge E. Johns Estate', dated January 30, 1976, made by Bruce B. Oallup, Surveyor, and which is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 114, at Page 41. PARCEL III: ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements situate thereon, and thereunto belonging, lying, situate and being in Princess Anne Borough, Virginia Beach, Virginia, being described on plat entitled "Subdivision of Property of Madge E. Johns, located at Landtown, Princess Anne Borough, Virginia Beach, Virginia, Scale 1' = 100 ft. dated May 25th, 1965, and made by W. B. Gallup, Surveyor" said plat being duly recorded in Deed Book 2081, at Page 49 and being more particularly described as follows: BEOINNING at a point located in the western right of way line of North Landtown Road (after providing for a 20 foot dedication as shown on the aforesaid plat), which point is located North 52° 38' West a distance of 20 feet from a point located in the old western right of way line of North Landtown Road and which last described point is located South 32° 22; West a distance of 449.3 feet from the center line of Holland Road as measured along aforesaid old western right of way line of North Landtown Road and from said point of beginning running North 52° 38' West 307.63 feet to a point; thence continuing on the same course North 52° 38' West 340.4 feet to a point located in the center line of a ditch which divides the property conveyed herein from the property now or formerly belonging to Carrington; thence turning and running South 46° 05', West 100.8 feet along the center line of the aforesaid ditch to a point; thence turning and runx~ing South 52° 38' East 348.7 feet to a point marked by a pipe; thence turning and running North 41 ° 22' East 80 feet to a point marked by a pin; thence turning and running South 52° 38' East 310.75 feet to a pin located in the western right of way line of North Landtown Road (after providing for a 20 foot dedication as aforesaid); thence turning and running along the aforesaid western right of way line of North LandWwn Road North 32° 22' East 20 feet to the point of beginning. Less and except that part acquired by the City of Virginia Beach and Commonwealth for the Holland Road Project by the following deeds, Deed Book 2657 at Page 483, Deed Book 3400 at Page 285, Deed Book 2594 at Page 258, Deed Book 2594 at Page 255 and as shown by the following plats, Deed Book 2543 at Pages 4A, B, C, D, E. GPIN~3: 1495-14-5681; 1495-04-8448; 1495-14-4830; 1495-14-1732 MODCO~D/OC,~A/PROF~.~ ~ - 58- Item V-M. 1. APPOINTMENTS ITEM # 48 778 Upon NOMINATION by Vtce Mayor Sessoms, Ctty Counctl REAPPOINTED Bonnie L Capito Lois S. Williams 3 year term 1/1/02 - 12/31/04 FRANCIS LAND HOUSE BOARD OF GOVERNORS Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, 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 October 9, 2001 - 59 - Item V-N.I. UNFINISHED BUSINESS ITEM # 48 779 B Y CONSENSUS, Ctty Counctl SCHEDULED for the Ctty Counctl Sesston of October 23, 2001 Ordtnance to AUTHORIZE the acqmsttton of Agrtcultural Reserve Preservatton (ARP) easement and the tssuance of tts contract obhgattons at Pungo Ferry Road (DISTRICT 7 - PRINCESS ANNE) (This ordinance for acquisition was reconsidered and rescheduled due to lack of six affirmative votes on 10/2/01) Gene G. Bright, David Bright, and Rosanne Ray (2001-40) 63 33 acres $512,973 October 9, 2001 - 60 - Item V-P. AD JO URNMENT ITEM # 48 780 Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meetzng ADJOURNED at 7:40 P.M. Chtef Deputy Ctty Clerk Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtnta Beach Vtrgtnta October 9, 2001