HomeMy WebLinkAboutFEBRUARY 26, 2002 MINUTESCITY COUNCIL
MAYOR MEYERA E OBERNDORE At-Large
VICE MAYOR WILLIAM D SESSOMS, JR, At-Large
LINWOOD 0 BRANCH, III, Beach -Dtstrtct 6
MARGARET L EURE, Centervdle -Dtstnct I
WILLIAM W HARRISON, JR, Lynnhaven -Dtstrtct 5
BARBARA M HENLEY, Pnncess Anne -Dtstrtct 7
LOUIS R JONES, Baystde -Dtstrtct 4
REBA S McCLANAN, Rose Hall -Dtstrtct 3
ROBERT C MANDIGO, JR, Kempsvtlle -Dtstrtct 2
NANCY K PARKER, At-Large
ROSEMARY WILSON, At-Large
JAMES K SPORE, Ctty Manager
LESLIE L LILLEE Ctty Attorney
RUTH HODGES-SMITH, MMC, Ctty Clerk
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE (757) 427-4304
FAX (757) 426-5669
EMAIL Ctycncl~ city vtrgtnta-beach va us
February 26, 2002
I. CITY ASSESSOR'S BRIEFING
- Conference Room -
4:00 PM
Ao
REAL ESTATE ASSESSMENTS - FY 2003
Jerald D. Banagan, Real Estate Assessor
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
- Conference Room -
5.00 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER- Mayor Meyera E Obemdorf
B. INVOCATION:
Reverend J. D. Noms, Jr.
Virg~ma Beach Freewdl Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS
February 12, 2002
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARING
1. ELECTION DISTRICT - Red Wing Precinct
I. PROCLAMATION
1. VIRGINIA STATE PARKS DAY
J. ORDINANCES/RESOLUTION
,
Ordinance to AMEND and REORDAIN § 10-1 ofthe City Code to change the polling place
for the Red Wing Precinct from the Fire Training Center to the Seatack Elementary School
at 912 South Blrdneck Road.
2. Ordinances re grants from the Virginia Department of Criminal Justice Services:
ao
ACCEPT and APPROPRIATE $78,442 under the Juvenile Accountability
Incentive Block Grant program (JAIBG), TRANSFER $8,716 from the General
Fund Reserve for Contingencies-Grant Match to the FY 2001-02 operating budgets
of the Departments of Juvenile Probation and Parks and Recreation re continued
education for juveniles under court supervision and an inter-agency information
sharing program, (contingent upon the availability of the federal block grant); and,
estimated revenue from the federal government be increased accordingly
b.
ACCEPT and APPROPRIATE $46,661 to the FY 2001-02 operating budget of the
Police Department re dedicated domestic violence prevention; and, estimated
revenue be increased accordingly
o
Ordinance to APPROPRIATE $10,000 Fund Balance and $4,000 ad&tlonal revenue from
the Francis Land House Board of Trustees Trust Fund to the FY 2001-02 operating
budget of the Department of Museums and Cultural Arts - Francis Land House re board
sponsored events; and, estimated revenue from local sources be increased accordingly.
o
Ordinance to TRANSFER $240,000 from the Sheriff's Correction Center sprinkler system
to the Law Enforcement Training Academy, re the Police and Sheriff's accelerated
construction schedule.
o
o
Ordinance to TRANSFER $125,000 from various projects within the FY 2001-02 Capital
Improvement Program to the Seatack Elementary School re funding for closeout of the
following projects:
ao
Kellam High School Auxiliary Gymnasium
W. T. Cooke Elementary School
ADA Modifications
Renovations, replacements, re-roofing, indoor mr quality and various
site acquisitions
Ordinances re temporary encroachments into the City's right-of-ways:
ao
60-foot drainage easement, known as Mill Pond, by PATRICK G. and ANNA L.
ENSLEY, re constructing and maintaining a pier, moonng piles, and a boat ramp at
364 Back Bay Crescent.
(PRINCESS ANNE - DISTRICT 7)
bo
Pump station site at 2677 West Neck Parkway by DAVID E. MILLER re
constructing and maintaining a wood deck and hot tub at 3125 Amador Drive.
(PRINCESS ANNE- DISTRICT 7)
Co
Kent Lane by CHARLES P. and JUANITA U. FLETCHER, re allowing existing
split rail fencing, underground water spnnkhng system and landscaping at 1200 Kent
Lane
(LYNNHAVEN- DISTRICT 5)
do
Utility and drmnage easement within Lake Trashmore (approved by the City in 1981)
and a portion of City-owned property by JANET L. ROWLANDS re mmntalmng an
existing in-ground pool, related concrete pool deck and split rail fence at 4033 West
Colonial Parkway
(ROSE HALL- DISTRICT 3)
Resolution re TIDEWATER REGIONAL GROUP HOME COMMISSION'S plan to
apply for Juvenile Community Crime Control Act (VJCCCA) funding on a Commission-
wide basis instead of an individual locality basis; and, directing the City Manager to
participate in the development of this regional Plan with the Commission continuing as the
fiscal agent for all operations of the Home.
K. PLANNING
o
MODIFICATION OF CONDITIONS TWO AND THIRTEEN placed on the July 3,
2001, approved Conditional Use Permit for a mini-warehouse/self-storage in behalf ofM &
M CONTRACTORS, INC., on South Lynnhaven Road and Lee Highlands Boulevard
(ROSE HALL- DISTRICT 3)
Recommendation:
APPROVAL
Application of R. MATTHEW McGEE for the discontinuance, closure and abandonment
of a 15-foot alley at 654 South Atlantic Avenue (Croatan Beach), containing 750 square feet.
(BEACH - DISTRICT 6)
Recommendation: APPROVAL
o
Application of NEXTEL COMMUNICATIONS for a Conditional Use Permit for a wireless
communications antenna on the property of DOMINION VIRGINIA POWER on the
north side of Ansol Lane, west of Landmark Square, containing 994 square feet.
(ROSE HALL- DISTRICT 3)
Deferred:
February 12, 2002
Recommendation:
APPROVAL
.
Application of WOODFIN HEATING, INC., for a Conditional Use Permit for an
automobile service station on the east side of First Colomal Road, north of Virginia Beach
Boulevard, containing 41,817.6 square feet.
(BEACH- DISTRICT 6)
Recommendation:
APPROVAL
o
Application of BLUE HORSESHOE TATTOO TWO, LTD. for a Conditional Use Permit
for a tattoo studxo/body piercing facility at the northwest lntersectxon of London Bridge Road
and Bowland Parkway (513 London Bridge Road), containing 1.272 acres.
(BEACH- DISTRICT 6)
Recommendation:
APPROVAL
o
Applications for Conditional Use Permits at Central Drive and Quality Court (573 Central
Drive):
(BEACH- DISTRICT 6)
VOICE STREAM WIRELESS for a monopole commumcation tower, contmmng
2,023 square feet of a 1.89 acre site
b. JOSEPHINE PARKER for a bulk storage yard, containing 1.89 acres
Recommendations:
APPROVAL
7. City Zoning Ordinance (CZO):
a.
AMEND § 203 re vehicular parking requirements in the B-3A Pembroke
Central Business Core District
S taft Recommendation:
Planning Commission Recommendation'
DEFER for further study
APPROVAL
b.
AMEND § 902 re special setback requirements for certain lots within the B-3
Central Business District
Recommendation:
APPROVAL
Co
Refer AMENDMENTS of §§ 1502 and 1507, re maximum building height and
hotel density in the RT-1 Resort Tourist District to the Planning Commission for
consideration and recommendation.
Recommendation:
ADOPTION
L. UNFINISHED BUSINESS
M. NEW BUSINESS
1. ABSTRACT OF CWIL CASES RESOLVED - January 2002
N. ADJOURNMENT
!
2002-2003 RESOURCE MANAGEMENT PLAN SCHEDULE ]
City Manager's FY 2002-2003 Proposed Resource Management Plan Council Chamber March 26th
Presentation 6 PM
Council Workshop Economic Vitality, Safe Community, Policy and Decision Support Council Conference April 2nd
room
Council Workshop Quality Education for Lifetime Learning Council Conference April 9th
room
Council Workshop Quality Physical Environment & Operational Support Council Conference April 16th
room
Public Hearing Public Comment on Proposed FY 2002-2003 Resource Management Frank W. Cox High April 18th
Plan School 7:00 PM
Council Workshop Cultural & Recreational Opportunities, Family & Youth Council Conference April 23rd
Opportunities room
Couneil Workshop Reconciliation of outstanding resource issues Council Conference May 7th
room
Public Hearing Public Comment on Proposed FY 2002-2003 Resource Management Council Chamber May 7th
Plan 6 PM
Adoption of FY 2002-2003 City Couned Vote on Resource Management Plan Council Chamber May 14th
Resource Management
Plan (will include Public
Hearing)
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call thc CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for thc Deaf)
02/22/02BAP
AGENDA\02~26\02
www.virginla-beach.va.us
o~ OUR NA'~°~
MINUTES
VIRGINIA BEACH CITY COUNCIL
V~rg~ma Beach, V~rg~n~a
February 26, 2002
Mayor Meyera E OberndorjS, called to order the CITY ASSESSOR'S BRIEFING re REAL ESTATE
ASSESSMENTS- FY2003 tn the Ctty Counctl Conference Room, City Hall Butldtng, on Tuesday, February
26, 2002, at 4 O0 P M
Counctl Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker,
Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Absent
Wtlham W Harrtson, Jr
Robert C Mandtgo, Jr
[Entered 4 10 P M]
[Entered 4 30 P M worktng on ctty bustness tn
another bmldtng]
-2-
MA YOR 'S COMMENTS
ITEM # 49265
Mayor Oberndorf welcomed and tntroduced the Mayoral Delegatton from the Stster Cay, Bangor, Northen
Ireland
lan Henry
Mayor/Councillor
Heather Henry
Mayoress
James Kilpatrick
Senior Administrative Officer
Paul Flanagan
Principal
St. Malachys Primary School
Henry Cowan
Principal
Towerview Primary School
Ivan Arbuthnot
Head Master
Priory College
Heather Ferguson
Teacher
Priory College
St Malachys Prtmary School and the Towervtew Prtmary School are twtned wtth Arrowhead Elementary
School Prtory College ts twtned wtth Kempsvtlle Mtddle School
February 26 2002
-3-
CITYASSESSOR'S BRIEFING
REAL ESTATE ASSESSMENTS - FY 2003
4:00 P.M.
ITEM # 49306
Jeratd D Banagan, Real Estate Assessor, advtsed that on March I, 2002, the Assessor's Office wtll mad
Notices of Assessment for the Fiscal Year 2003. Approxtmately 2% of all properttes wtll recetve a decrease
tn assessment and approxtmately 86% will recetve an tncrease The projected FY 2003 Assessment of
$25,205, 771,360 represents an 8 0% tncrease over the current assessment Each penny of the tax rate wtll
generate $2,520,000 tn revenue for a total tax on $307,501,000 at the current rate of $1 22 The average
assessment change for tndtvtdual properttes ts approximately +6 49%, however, thts figure vartes cltywtde,
depen&ng on the age, type, quahty, classtficatton and locatton of the property Thts assessment change ts
the htghest change since the mtd to late 1980's The average assessment change for restdenttal property ts
+7 04% and for commerctal/tndustry property the average change ts +2 65% Apartments are
approxtmately 12% with all being full and rents escalattng The average change for commerctal/tndustrtal
ts +2 65% The office butldtngs are expertencmg shghtly more vacancies and there ts an abundance of retatl
Some of the vacant "btg boxes" have an effect on "slowtng down" rents tn those categortes
Average Residential Values
Type Median Assessment Mean Assessment Change in Mean
Single Family $127,900 $165,100 7. 7%
Townhouse $ 69,200 $ 75,400 4.9%
Low Rise
Condominium $ 80,000 $112,200 8.6%
High Rise
Condo/Co-op $159,000 $162,900 12.3 %
Duplex/Home with
apartments $115,400 $206,000 11.8%
All Residences $144,600 $146,600 7.6%
Single Family
Single family residents values have tncreased $13,000 from last year High Rise Condo/Co-op have
increased $18, O00 from last year Overall all restdences mcreased by approxtmately $10,000.
Mr Banagan &splayed a graphtc tndtcattng Percentage by Property Value Range
Less than $ 50,000
$ 50,000- $ 75,000
$ 75,000- $100,000
$100,000- $150,000
$150,000- $200,000
$200,000- $250,000
$250,000-$350,000
Over $500,000
2%
14%
20%
33%
15%
6%
5%
2%
Commerctal property has been on a steady dechne for a number of years Restdenttal, apartment and
agrtcultural properttes comprtse 82.5% of the tax base wtth commerctal and tndustrtal properttes
constttuttng 17 5% of the tax base
New constructton for thepast twelve (12) months amount to $391,000,000, whtch ts an increase of 2 1%from
the prevtous year Restdenttal new constructton tncreased by 0 9% whtle commerctal/tndustrtal new
constructton tncreased by 6 0% Restdenttal new constructton amounts to 76 4% of the total yearly
constructton, whtle commerctal/tndustrtal represent 23 6% Growth tn land, due to rezomngs and
subdtvtstons, amounted to approxtmately $104,000 000
February 26 2002
-4-
CITYASSESSOR'S BRIEFING
REAL ESTATE ASSESSMENTS - FY 2003
ITEM # 49306 (Continued)
The average assessed value of a new home ($229,500) has tncreased $10, O00 from last year There has been
a 40% increase in the last six (6) years There were approximately eleven (ID homes worth over SI-
MILLION.
RESIDENTIAL NEW CONSTRUCTION
Percentage by Property Value Range
Residential Value Range Percentage of New Homes
Under $100,000 4 1%
$100,000 - $150,000 33 0%
$150,000- $200,000 28 3%
$200,000 - $250,000 12 2%
$250,000 - $350,000 13 2%
$350,000 - $500,000 6 3%
Over $500,000 2 9%
Growth and Appreciation/Depreciation
(July 1 Land Book to July 1 Land Book)
Fiscal Year 2002 to 2003 (Projected)
Growth $ 434,566,683 1 9%
Apprectatton $1,422,596,036 6 1%
Assessment Increase $ I, 85 7,162, 719 8 0%
Relattve Land Use Taxation Program, the number of acres ts constantly dechntng Last year, the average
rolled back taxes were $ 400,395 on 240 acres Thts acreage went from farmtng to other uses
Land Use Values
Fiscal Year Agrtculture Forest
2003 (Proposed) $ 580 $ 4 70
2002 $ 660 $ 465
2001 $ 710 $ 465
2000 $ 640 $ 395
1999 $ 730 $ 375
1998 $ 650 $ 525
1997 $ 620 $ 430
1996 $ 600 $ 3 75
1995 $ 590 $ 360
1994 $ 570 $ 395
1993
$ 520
$ 375
The Real Estate Tax Exemption/Deferral/Freeze for Senior Citizens and disabled persons continues to
grow each year Thts year there were 2,666 recipients ($2.4-MILLION) The average exemptton is $1,010,
with the average freeze being $96 and the average deferral $1,187 (comprised of only two (2) individuals)
February 26 2002
-5-
CITY ASSESSOR'S BRIEFING
REAL ESTATE ASSESSMENTS - FY 2003
ITEM # 49306 (Continued)
Councd Lady Henley referenced correspondence from a gentleman whtch tn&cated hts expenses tnclu&ng
prescrtptton drugs etc He was one of those m&vtduals tn the percentage of exempttons He tnqutred why
the percentage of exemptton could not be htgher Asststant Ctty Attorney Larry Spencer responded the City
has the abthty to estabhsh thts percentage Mr Banagan advtsed the state statue estabhshes a hmtt of
income and net worth, whwh ts constderably htgher and ts wrttten for the enttre state (tnclu&ng Northern
Vtrgmta) The Ctty Counctl, approxtmately three years ago, estabhshed a governmental cost of living
index on the limits of income and net worth.
Mayor Oberndorf referenced correspondence from a representative of the Disabled American Veterans,
who requested the Ctty Counctl recogmze the veterans who are destgnated by the Federal Government as
totally disabled and defer these veterans from the real estate tax Vtce Mayor Sessoms advtsed the City
Manager had responded to thts ctttzen some ttme ago Mayor Oberndorf advtsed the response &d not satisfy
the concerns of thts ctttzen Mr Banagan advtsed the hmtts currently are $32,800 in income and $108,800
net worth, which excludes the value of the house with an additional $ 7, 500 exclusion for disabled persons
Mr Banagan advtsed sales compartsons tn the neighborhood are utthzed for the residential real estate
assessments. The City ts &vtded into approximately 900 neighborhoods As the City ts a mthtary town, tt
ts very transtent The last two years of sales will be revtewed
Counctlman Branch tnqutred relattve the procedure for ctttzens &sputtng thetr assessments Mr Banagan
advtsed the ctttzen should contact the Assessor's office Thetr property record wtll be pulled and revtewed
wtth the ctttzen to vertfy whether the tnformatton ts correct, and tf there ts any tnformatton whtch mtght
have a negattve tmpact on thetr property value, whtch the Assessor's office ts not aware Compartsons of
sale prtces tn the netghborhood wtll be supphed If thts ts not sattsfactory, a Board of Equahzatton,
appotnted by the Court, revtews appeals of property owners There were only three hundred sixty (360)
appeals last year and fifleen (15) went to the Board
Mr Banagan advtsed Mayor Oberndorf the assessments are on hne - www vbgov corn The ctttzen can
access the system by property address, which wtll deptct the assessment as well as perttnent data relattve
the home descrtptton, square footage, year bmlt, quahty tncrement, et cetera Mr Banagan advtsed state
statutes requtre ctttes over 40, O00populatton to appratse at least every two (2) years and tt ts a local optton
for the Ctty to make thts an annual re-assessment All major ctttes tn the Commonwealth of Vtrgtnta
appratse on an annual basts There are very few ctttes whtch appratse on a bt-annual basts Stnce 1972, the
Ctty's assessments have been performed on an annual basts Some properttes do not apprectate as fast as
others Prtor to 1972, there was not an Assessor's office, but assessments are under the &rectton of the
Commtsstoner of the Revenue The State Department of Taxatton assessed on a multt-year cycle Mr
Banagan advtsed hts responstbthty ts to equalize the tax burden. Mr Banagan advtsed very few homes
actually sell for less than the assessment The current ratio is 92% There are neighborhood where the
teartng down of homes and replactng them wtth more valuable ones ts becomtng more frequent t e South
Beach, North Beach, along Shore Drtve and waterfrontproperttes Some of the 1960 's and 19 70's homes are
bemg demohshed as the waterfront lots are very valuable These ctrcumstances would be factored mto
assessment values
Counctl Lady Wtlson advtsed Vtrgtnta Beach ts a "sellers' market" There ts not a tremendous tnventory
of real estate for sale Homes on the market sell very qutckly and some for very htgh prtces There ts some
new constructton, but not much tn the older porttons of the City All of these factors mcrease appreciation
The majortty of ctttzens would not sell at the assessed value Mr Banagan advtsed efforts of Ctty Counctl
have resulted tn postttve results for netghborhoods Sandbrtdge, whtch had sat dormant for approxtmately
fifteen (15) years ts now expertenctng great apprectatton Under the &rectton of Andy Frtedman, housmg
and netghborhood preservatton have affected netghborhoods through vartous programs whtch have
expertenced mcrease tn property values
Counctl Lady Parker ctted an example of Princess Anne Plaza townhouse sectton had an improvement of
79% Council Lady Parker congratulated the Ctty Manager and his staff on the improvements and reduction
of crtme tn thts area
Counctlman Man&go apologtzed for betng late, as he was tnvolved tn Ctty bustness although tn another
butldtng As Mr Banagan provtded advance coptes of netghborhood assessments, he was able to share these
tn the past ten (10) days wtth three &fferent netghborhoods Larkspur was exctted about thetr assessments
mcreastng Counctlman Man&go &rected the restdents to the Ctty's webstte
Mr Banagan advised information will be placed tn the Libraries and Recreatton CentersJor contacting the
Real Estate Assessor
February 26 2002
-6-
AGENDA RE VIEWSESSION
4:43 P.M.
ITEM # 49307
J3 Ordtnance to APPROPRIATE $10,000 Fund Balance and
$4,000 addtttonal revenue from the Francis Land House Board
of Trustees Trust Fund to the FY 2001-02 operattng budget of
the Department of Museums and Cultural Arts -Francts Land
House re board sponsored events, and, esttmated revenue from
local sources be increased accordtngly
Counctl Lady McClanan tnqutred whether payments were still betng made for the Docents of the
Thoroughgood House from the Francis Land House funds The Ctty ts utthztng the same staff at Francts
Land House Counctl Lady McClanan requested clartficatton The Ctty Manager advtsed thts approprtatton
would not be utthzed for the Thoroughgood House The Ctty Manager advtsed funds were being dispersed
from the Cultural and Museums budget for the Thoroughgood House and he would provtde spectfic
tnformatton relattve fundtng
Counctlman Jones tnqutred tf the Ctty had considered the posstbthty of the ownershtp of the Thoroughgood
House Mayor Oberndorf referenced restdents have expressed thetr destre to make the Thoroughgood
House part of the Ctty's htstortcal homes Thts Ctty bears the cost to preserve and make available the
Thoroughgood House to the pubhc Mayor Oberndorf tnqutred tf negottattons could commence wtth the
Chrysler Museum regar&ng ownershtp The Ctty Manager shall advtse
ITEM # 49308
J 60rdtnance re temporary encroachments tnto the Cay's rtght-of-
ways
Kent Lane by CHARLES P. and JUANITA U. FLETCHER, re
allowtng extsttng spht rad fenctng, underground water sprtnkhng
system and landscaptng at 1200 Kent Lane
(L YNNHA VEN - DISTRICt 5)
Counctl Lady Eure tnqutred when ctttzens butld on the Ctty's rtght-of-way ts there a penalty? The Ctty
Attorney advtsed tf Ctty Counctl does not approve the encroachment, the apphcant wtll be required to
remove thts encroachment, at thetr own expense Counctl Lady Eure beheves thts property should be sold
to the apphcant The Ctty ts solvtng netghborhood problems
Vtce Mayor Sessoms satd tn thts parttcular netghborhood, the other property owners are bastcally tn the
same sttuatton In the 1950's and 1960's, residents wouldplace shrubs and fences tn the Ctty's rtght-of-way
whtchjust became part of the landscape The Cay Attorney advtsed there are encroachments where the Ctty
has no use for the property The Real Estate dtvtston, tn thts case, seeks to sell the property rather than grant
the encroachment In other cases, however, there may be a dratnage easement, an access easement or
somethtng of that nature for whtch the Ctty may have a future use, so the Ctty ts not wtlhng to grant 'fee
stmple" The restdent then takes an encroachment whtch states that tf the Ctty gtves nottce, the encroachment
must be removed wtthtn thtrty (30) days In recent years, the Ctty has trted to avotd permanent structure
encroachments (t e tnground swtmmtngpools/butl&ngs), whtch are not eastly removed The Ctty Attorney
beheves Real Estate feels there ts a need for the City to conttnue owntng thts property
ITEM # 49309
BY CONSENSUS, the followtng shall compose the CONSENT AGENDA:
ORDINANCES/RES OL UTION
J1
Ordtnance to AMEND and REORDAIN ~ 10-1 of the Ctty Code
to change the polhng place for the Red Wtng Prectnct from the
]7,ii_¢ ,'v .......... ,,~
, ,,,,,,,,~; ,~,,,~, to the Seatack Elementary School at 912
South Btrdneck Road
February 26 2002
-7-
AGENDA RE VIEW SESSION
ITEM # 49309 (Continued)
J 20rdtnances re grants from the Vtrgtnta Department ofCrtmtnal Justtce Servtces
ACCEPT and APPROPRIATE $78,442 under the Juventle
Accountabthty lncenttve Block Grantprogram (JAIBG), TRANSFER
$8,716 from the General Fund Reserve for Contmgenctes-Grant
Match to the FY 2001-02 operating budgets of the Departments of
Juventle Probatton and Parks and Recreatton re continued education
for juveniles under court supervtston and an inter-agency
information sharingprogram, (contingent upon the avatlabthty of the
federal block grant), and, esttmated revenue from the federal
government be increased accordingly
bo
A CCEPTandAPPROPRIA TE $46,661 to the FY 2001-02 operattng
budget of the Pohce Department re dedicated domestic violence
prevention; and, esttmated revenue be tncreased accordtngly
J3
Ordinance to APPROPRIATE $10,000 Fund Balance and $4,000
addtttonal revenue from the Francis Land House Board of Trustees
Trust Fund to the FY2001-02 operatmg budget of the Department
Museums and Cultural Arts -Francts Land House re board sponsored
events, and, esttmated revenue from local sources be mcreased
accordmgly
J4
Ordtnance to TRANSFER $240,000 from the Sheriff's Correctton
Center sprtnMer system to the Law Enforcement Training Academy,
re the Pohce and Shertff's accelerated constructton schedule
J 5 Ordinance to TRANSFER $125, O00from vartousprojects wtthtn the
FY2001-02 Capttal Improvement Program to the Seatack Elementary
School re fundtngfor closeout of the followtng projects
a Kellam Htgh School Auxthary Gymnasmm
b W T Cooke Elementary School
c ADA Modtficattons
d Renovattons, replacements, re-roofing, tndoor att quahty and
vartous stte acqutstttons
J 60r&nances re temporary encroachments tnto the Ctty's rtght-of-
ways
60-foot dratnage easement, known as Mtll Pond, by PA TRICK G. and
ANNA L. ENSLEY, re constructing and matntatntng a pter, moortng
ptles, and a boat ramp at 364 Back Bay Crescent (PRINCESS ANNE -
DISTRICT 7)
Pump station stte at 2677 West Neck Parkway by DA VID E. MILLER re
constructtng and matntatntng a wood deck and hot tub at 3125 Amador
Drtve (PRINCESS ANNE - DISTRICT 7)
Utthty and dratnage easement wtthtn Lake Trashmore (approved by the
Ctty tn 1981) and a portion of Ctty-owned property by JANET L.
RO WLANDS re matntatntng an extsttng tn-ground pool, related concrete
pool deck and spht rail fence at 4033 West Colomal Parkway
(ROSE HALL- DISTRICT 3)
J 7 Resolutton re TIDEWATER REGIONAL GROUP HOME
COMMISSION'S plan to apply for Juvenile Community Crime
Control Act (VJCCCA) funding on a Commtsston-wtde basts tnstead
of an tndtvtdual locahty basts, and, dtrectmg the Ctty Manager to
parttctpate tn the development of thts regtonal Plan wtth the
Commtsston conttnutng as the fiscal agent for all operattons of the
Home
February 26 2002
-8-
AGENDA RE VIE W SESSION
ITEM # 49310
K 1 MODIFICATION OF CONDITIONS TWO and THIRTEEN
placed on the July 3, 2001, approved Con&ttonal Use Permtt_£or
a mtnt-warehouse/self-storage tn behalf of M & M
CONTRACTORS, INC., on South Lynnhaven Road and Lee
Htghlands Boulevard
(ROSE HALL - DISTRICT 3)
Council Lady McClanan expressed concern as she beheves the apphcatton was to utthze the buffer (fence)
adjacent to the Brookwood Elementary School She has no problem wtth the removal of the two condtttons,
but the fence ts not menttoned
Council Lady Eure expressed concern as there are no spectfied hours of operatton and how the customers
are to enter the property tf no one ts present at the factltty The hours should be spectfied, tf the apphcatton
ts to be reduced from 24- to 12-hours per day When the facthty ss rented, the customer should know the
specific hours of operatton
Stephen Whtte, Planntng, advtsed any ttme the office manager ts not present, thts facthty wtll be closed and
not accesstble
ITEM # 49311
K 2 Apphcatton of R. MA TTHEWMcGEEfor the dtsconttnuance,
closure and abandonment of a 15-£oot alley at 654 South Atlanttc
Avenue (Croatan Beach), contatntng 750 square feet
BEACH- DISTRICT 6)
Counctlman Branch referenced a letter to the E&tor tn The Beacon from a cttlzen who believed the City
dtspostng of thts 15-foot alley would hinder beach access This ss not the case Thts alley runs north/south,
not east/west There ss no connecttvtty to the Beach from anypubhc area Thts adjotns two small lots to make
one lot
Counctl Lady McClanan beheves thts ctttzen should recetve a wrttten response
Council Lady Parker requested tnformatton relative the amount of fundtng tn the account
concerntng "Policy Regarding Purchase of City's interest in Streets Pursuant to Street Closures" and
where these funds wtll be utthzed The Ctty Manager shall revtew and advtse
ITEM # 49312
K 4 Apphcatton of WOODFINHEA TING, INC., for a Condtttonal
Use Permttfor an automobtle servtce statton on the east stde of
Ftrst Colonial Road, north of Vtrgtnta Beach Boulevard,
contatntng 41, 817 6 square feet
(BEA CH- DISTRICT 6)
Counctlman Branch advtsed the apphcant has requested DEFERRAL until the City Council Session of
March 12, 2002.
February 26 2002
-9-
AGENDA RE VIEW SESSION
ITEM # 49313
K 5 Apphcatton of BLUE HORSESHOE TATTOO TWO, LTD. for
a Condtttonal Use Permit for a tattoo studto/bod¥ pterctng
factht_¥ at the northwest tntersectton of London Bridge Road and
Bowland Parkway (513 London Brtdge Road), contatntng 1 272
acres
(BEACH- DISTRICT 6)
Counctl Lady McClanan tnqutred why the Ctty ts allowtng a stgn to be placed tn a wtndow
Mr Whtte advtsed Condttton No 3 states
No stgnage more than four (4) square feet of the enttre glass area of the
extertor wall(s) shall be permttted on the wtndows There shall be no other
stgns, tncludtng neon signs or neon accents tnstalled on any wall area of
the extertor of the butldtng, wmdows and/or doors
Thts ts a very small stgn Thts hmtts the stgnage of the bustness If there ts a multt-tenant stgn, the apphcant
could place thetr name on thts szgn
Counctl Lady McClanan also tnqutred as thts ts located close to Lynnhaven Mall, tt should have the same
operattng hours as the Mall
Mayor Oberndorf referenced the status of the proposed legtslatton of Delegate McDonald relattve tattoo
parlors. Deputy Ctty Attorney Macah advtsed the House of Representatives passed an amended verston of
the Btll whtch bastcally provtded that the Board of Barbers and Cosmetologtsts would have regulatory
powers over tattoo/body piercing establishments Thts legtslatton also spectfied the ordtnance would not
be effective until 2004. The Senate ts constdermg the Btll, which has been tn Commtttee for a fiscal tmpact
study as thts would require a State Board to undertake the regulations The Btll does not hmtt the locahttes
zontng authortty concerntng these estabhshments The Ctty Attorney advtsed the Ctty of Chesapeake ts
argutng thetr case relattve a ban on tattootng before th e Vtrgtnta State Supreme Court tomorrow, February
27, 2002
Counctl La&es Eure and McClanan wtll vote a VERBAL NAY
ITEM # 49314
K 7 Ctty Zontng Or&nance (CZO)
a AMEND 3~ 203 re vehicularparking requirements tn the B-3A
Pembroke Central Bustness Core Dtstrtct
b AMEND 3~ 902 re special setback requirements for certatn lots
wlthln the B-3 Central Business Dtstrtct
Refer AMENDMENTS of 3~ 1502 and 1507, re maximum
building height and hotel density tn the RT-1 Resort Tourist
District to the Plannmg Commtsston for constderatton and
recommendatton
Vtce Mayor Sessoms advtsed re K 7 a the Ctty Staff requests INDEFINITE DEFERRAL for further study
Counctl Lady Henley requested tnformatton be provtded relative this width of spaces in parking garages
Robert Scott, Dtrector of Planmng, advtsed none of the parktng contemplated tn the amendment refers to
"on ground" parktng It strtctly refers to garage parking Mr Scott noted a typographtcal error tn the
Verbattm of the Planning Commtsston relattve the stze of theparktng spaces tn MacArthur Center Mr Scott
advtsed the stze of each space ts 8foot 10 inches wide, not 10',.
Vtce Mayor Sessoms, Counctl Members Harrison and Jones shall ABSTAIN on Item K 7 a/b
February 26 2002
-lO-
AGENDA RE VIE W SESSION
ITEM # 49315
B Y CONSENSUS, thefollowtng shall compose the PLANNING B Y CONSENT AGENDA:
K2
Apphcatton of R. MA TTHEWMcGEEfor the dtsconttnuance,
closure and abandonment of a 15-_foot alley at 654 South Atlanttc
Avenue (Croatan Beach), contammg 750 square feet
BEACH- DISTRICT 6)
K3
Apphcatton of NEXTEL COMMUNICATIONS for a
Con&ttonal Use Permtt_for a wireless communications antenna
on the property of DOMINION VIRGINIA POWER on the
north stde of Ansol Lane, west of Landmark Square, contatntng
994 square feet
(ROSE HALL - DISTRICT 3)
K4
Apphcatton of WOODFIN HEA TING, INC., for a Condtttonal
Use Permtt for an automobtle servtce statton on the east stde of
Ftrst Colontal Road, north of Vtrgtnta Beach Boulevard,
contatntng 41, 817 6 square feet
(BEA CH- DISTRICT 6)
K5
Apphcatton of BL UE HORSESHOE TA TTO0 TWO, LTD. for
a Condtttonal Use Permtt for a tattoo studto/bod¥ pterctng
factht¥ at the northwest mtersectton of London Brtdge Road and
Bowland Parkway (513 London Bridge Road), containing 1 272
acres
(BEA CH- DISTRICT 6)
Apphcattons for Con&ttonal Use Permtts at Central Drtve and
Quaht¥ Court (573 Central Drtve)
(BEACH- DISTRICT 6)
a VOICE STREAM WIRELESS for a monopole communication
tower, contatntng 2, 023 square feet of a 1 89 acre stte
b JOSEPHINE PARKER for a bulk storage?ard, contatntng 1 89 acres
K 7 Ctty Zomng Ordtnance (CZO)
a AMEND ~ 203 re vehicularparking requirements tn the B-3A
Pembroke Central Bustness Core Dtstrtct
b AMEND 3~ 902 re special setback requirements for certatn lots
wtthtn the B-3 Central Business Dtstrtct
Refer AMENDMENTS of 3~3~ 1502 and 1507, re maximum
building height and hotel density tn the RT-1 Resort Tourist
District to the Planmng Commtsston for constderatton and
recommendation
Item K 4 wtll be DEFERRED, BY CONSENT, untd the Ctty Counctl Sesston of March 12, 2002
Mayor Oberndorf and Counctl Lady McClanan wtll vote NAY on Item K 5
Item K 7a wtll be INDEFINITELY DEFERRED, BY CONSENT
Vtce Mayor Sessoms, Counctl Members Harrtson and Jones wtll ABSTAIN on Item K. 7a/b
February 26 2002
-Il-
CITY COUNCIL COMMENTS
5:08 P.M.
ITEM # 49316
Mayor Oberndorf referenced the proposed changes in the FY 2002-2003 Resource Management Plan
Schedule.
BY CONSENSUS, Ctty Councd CANCELED the May 7, 2002, City Council Session
The first Tuesday of the month of May ts the Councdmamc Electron
The City Council Workshop for reconciliation of outstanding resource issues shall be rescheduled to May
9, 2002 The Public Comment on the proposed FY 2002-2003 Resource Management Plan shall be
rescheduled to Aprtl 23, 2002, at 6 O0 P M
I 2002-2003 RESOURCE MANAGEMENT PLAN SCHEDULE
City Manager's FY 2002-2003 Proposed Resource Management Plan Councd Chamber March 2ifh
Presentatton 6 PM
Council Workshop Economic Vitality, Safe Community, Pohcy and Decision Support Councd Conference April 2nd
room
Councd Workshop Quality Educatton for Ltfettme Learntng Council Conference Aprtl 9th
room
Councd Workshop Quahty Physical Environment & Operational Support Councd Conference April 16th
room
Public Heanng Pubhc Comment on Proposed FY 2002-2003 Resource Management Frank IV. Cox High April lgn
Plan School 6:00 PM
Councd Workshop Cultural & Recreational Opportuntttes, Famdy & Youth Councd Conference Aprt123rd
Opportunittes room
Pubhc Heanng Pubhc Comment on Proposed FY 2002-2003 Resource Management Councd Chamber Aprt123rd
Plan 6 PM
Councd Workshop Reconcthatton of outstandtng resource issues Councd Conference May 9th
Room
Adoption of FY 2002-2003 Ctty Council Vote on Resource Management Plan Councd Chamber May 14tn
Resource Management 6:00 P M.
Plan (wall tnclude Pubhc
Heanng)
ITEM # 49317
Mayor Oberndorf referenced proposed dates for the City Council Retreat Because of conflicts regardtng
the dates of Saturday, March 16 or Friday, Aprtl 5, 2002, Ctty Councd 's prevtous commitments and the
City Manager was requested to contact Lyle Sumek for a possible date tn May after the Councilmanic
Elections
ITEM # 49318
Councd Lady Wdson referenced requests of John T Atktnson, Ctty Treasurer, and Phthp J Kellam,
Commtsstoner of Revenue, to speak concermng the pros and cons of the tssue regar&ng City decals
The Ctty Manager advtsed the staff report ts scheduled for the City Councd Session of March 12, 2002 A
pohcy report shall be furntshed prtor to the presentatton The City Treasurer and Commissioner of the
Revenue have been tnvolved tn the process The Ctty Manager advtsed the staff has conducted regtonal
meettngs to coordtnate this tssue wtth the other ctttes and ts ready to make a recommendatton
Mayor Oberndorf advtsed thts ts an enforcement tssue Vtce Mayor Sessoms suggested correspondence be
forwarded to the Commtsstoners of Revenue and Treasurers wtthtn the region to coordtnate thts issue
Mayor Oberndorf advtsed the mthtary famdtes pay $100for Ctty decals, so they would not be harassed
concermng enforcement tn other locahttes
The City Staff's report shall be presented on March 12, 2002 The Czty Treasurer and Commtsstoner of the
Revenue wall be tnvtted to attend and may, tf they destre, speak concermng thts tssue
February 26 2002
- 12-
CITY COUNCIL COMMENTS
ITEM # 49319
Counctl Lady Eure referenced the Ctty Manager's tnformatton concermng possession of over 1,000 cell
phones by City employees. Counctl Lady Eure advtsed she does not have a cell phone owned by the Ctty
The Ctty Clerk advtsed Counctl Members do not have Ctty cell phones Mayor Oberndorf advtsed she only
requests retmbursements for calls tnvolvtng ctty bustness (ctttzens, Counctl Members, press)
ITEM # 49320
Counctl Lady Eure referenced further tnformatton recetved from the Virginia Municipal League (VML).
"We ftre, you htre The House includes budget language requtrtngpohttcal
subcttvtstons to htre state employees who are mvoluntartly separated for
vacanctes tn State supported local postttons under these condtttons"
Counctl Lady Eure satd the conchttons were hsted
If thts tnformatton ts proposed tn the legtslatton, Counctl Lady Eure wtshed the Ctty Counctl to take a
posttton not to htre state employees, who are fired Council Lady Eure requested Robert Matthtas, Asststant
to the Ctty Manager, advtse our General Assembly representattves
Mayor Oberndorf satd the Ctty cannot be expected to fund the gap
The Ctty Manager advtsed the City has gone on record oppostng thts Btll as well as other stmtlar ones
ITEM # 49321
Counctl Lady Parker referenced attendance Saturday, February 23, 2002, at a local pohttcal meeting A Btll
had been tntroduced to have party tdenttficatton for elected offictals tn the Counctlmantc electrons
Apparently thts tssue was ratsed as ctvtl servtce employees mtght not be able to run if they had to declare
party tdenttficatton
ITEM # 49322
Randall Arendt, one of the natron's leachng authortttes on conservatton design, held a Conservatton Destgn
Workshop at the Hampton Roads Planntng Dtstrtct Commtsston (HRPDC) on September 1 O, 2001 Counctl
Lady Parker attended Saturday, February 23, 2002, the third tn a series of Arendt's workshops
entttled "Rule By Design" at the HRPDC tn Chesapeake Mr Arendt took two (2) scenartos, one at the
Southern end of the Ctty off Blackwater Road and an urban destgn tn Chesapeake to show what could be
done wtth a creattve process tn land use tssues Counctl Lady Parker recommended a stmtlar Workshop
be scheduled for Ctty Counctl which would also be attended by ctttzens and land developers Mr Arendt's
cost ts $2,500 per day He has worked wtth the ctttes, prtvate developers, planners and archttects to
devtse concepttonal development plans for subdtvtstons wtthtn the Southern Watershed The Ctty Counctl
wtll be confronted wtth some major land use tssues regardtng the Transttton Area Counctl Members Parker
and Henley attended all three of the sertes of Workshops
Counctl Lady Henley concurred Mr Arendt's concept ts exactly what the City ts anttctpattng for the
Transition Area A Planner or Landscape Archttect should be tn attendance at the first prehmtnary design
wtth the engmeer brought tn later The destgn ts crtttcal and should be the tssue
Vtce Mayor Sessoms suggested the Workshop be chvtded tnto two sesstons (mormng and afternoon)
The Ctty Manager shall contact Mr Arendt and schedule thts Workshop as soon as feastble
February 26 2002
- I3-
CITY COUNCIL COMMENTS
ITEM # 49323
Counctlman Man&go acknowledged an arttcle tn The Vtrgtntan Ptlot, Saturday, February 23, 2002, relattve
Vtrgmta Beach betng the Safest City of its size. Councilman Man&go commended the Pohce Chtef and hts
department, as well as the citizens
ITEM # 49324
Councilman Man&go acknowledged the death of Robert Clyburn, former Council Member representing
the Kempsvtlle Borough (DtstrtcO Several members attend hts funeral on Sunday, February 24, 2002
Counctlman Man&go was htred as a htgh school student to be Mr Clyburn 's dehvery boy at the Pharmacy
Counctlman Clyburn was an acttve member of the Commumty and also served on the School Board When
the regular dehvery car was tn the garage, he was an opttmtst and entrusted hts dehvery boys wtth hts 1968
Ford Mustang
Mayor Oberndorf advtsed an arttcle commemorattng hts extraor&nary accomphshments wtll be pubhshed
tn the Vtrgmtan Ptlot It was Counctlman Clyburn's vtston for Vtrgtnta Beach to have a four-year college
He never looked for glory He was a graduate of the Me&cal College of Vtrgtma, as was the Mayor's
mother He never said a negative word about any tn&vtdual The residents of Kempsvdle have lost a part
of thetr famtly
February 26 2002
- 15-
ITEM # 49326
Mayor Meyera E Oberndorf entertatned a motion topermtt Ctty Council to conduct its CLOSED SESSION,
pursuant to Sectton 2 1-344(A), Code of Vtrgmta, as amended, for the fol[owmg purpose
PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the
acqutsttton of real property for a pubhc purpose, or of the dtsposttton
of pubhcly-held real property, where dtscusston tn an open meettng
would adversely affect the bargatntngposttton or negottattng strategy
of the pubhc body pursuant to Sectton 2 1-344(A)(3)
Acqutsttton of Property -Lynnhaven Dtstrtct
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Counctl voted toproceed into
CLOSED SESSION.
Voting I 1-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Ig'tlham W Harrtson, dr,
Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, gtce
Mayor Wtlham D Sessoms, dr and Rosemary I~tlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
(Time of Closed Session: 5:40 P.M to 5:50 P.M.)
February 26 2002
-16-
FORMAL SESSION
VIRGINIA BEA CH CITY CO UNCIL
February 26, 2002
6:00 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Council Chamber, City Hall Butldtng, on Tuesday, February 26, 2002, at 6 O0 P M
Council Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, dr, Mayor Meyera E Oberndorf, Nancy K Parker, Vice
Mayor Wdham D Sessoms, dr and Rosemary Wdson
Counctl Members Absent
None
INVOCATION
Reverend d D Norrts, dr
Vtrgtnta Beach Freewtll Bapttst Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vtce Mayor Sessoms, betng a Corporate Officer of Wachovta Bank, DISCLOSED there were no matters
on the agenda tn whtch he has a "personal tnterest", as defined tn the Act, etther tndtvtdually or tn hts
capactty as an officer of Wachovta Bank whtch recently merged wtth Ftrst Umon National Bank, wtth the
exceptton of 7a/b (CZO re B-3 Central Bustness Dtstrtc0 on whtch he wtll ABSTAIN The Vtce Mayor
regularly makes thts Dtsclosure as he may not know of the Bank's tnterest tn any apphcatton that may come
before Ctty Counctl Vtce Mayor Sessoms' letter February 5, 2002, ts hereby made a part of the record
February 26 2002
Item V-E.
INTR OD UCTION
-17-
ITEM # 4932 7
Mayor Oberndorf tntroduced the Mayoral Delegatton from the Sister City, Bangor, Northen Ireland
Ian Henry
Mayor/Councillor
Heather Henry
Mayoress
James Kilpatrick
Senior Administrative Officer
Paul Flanagan
Principal
St. Malachys Primary School
Henry Cowan
Principal
Towerview Primary School
Ivan Arbuthnot
Head Master
Priory College
Heather Ferguson
Teacher
Priory College
Mayor Oberndorf presented to the Mayor and Mayoress the key to the City. Mayor Oberndorf wtshed them
to always think of Vtrgtnta Beach as their second home Mayor Henry has been mvtted by Sister Cities
Internattonal (SC[) to parttctpate tn theiR Dtsabthttes program and has met wtth Bob Barnaby, Chatrman
of the Mayor's Commtttee for Dtsabled Persons
Mayor Henry expressed apprectatton to the Mayor for her ktndness and hospttahty He was honored to be
lea&ng the teachers' delegatton to the schools Thts ts hts first opportumty to be tn Vtrgtnta Beach and he
ts both thrilled and impressed He ts hoptng more exchange trtps wtll result He ts hoptng Mr Barnaby wtll
hnk with the SCI Committee tn Washington, D C
February 26 2002
Item V-E.2.
- 18-
INTR OD UCTION
ITEM # 49328
Mayor Oberndorf recogmzed the followtng Boy Scouts tn attendance who are worktng on thetr
communication and citizenship tn the communtty badge
BOYSCOUT TROOP 443
Sponsored by Church of Latter Day Saints
Mark Goodeil
Scoutmaster
February 26 2002
Item VoE. 1.
- I9-
CERTIFICATION OF
CLOSED SESSION
ITEM # 49329
Upon motion by Councd Lady Parker, seconded by Counctlman Man&go, City Councd CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc business matters lawfully exempted from Open Meettng
requtrements by Vtrgtnta law were &scussed tn Closed Sesston to whtch
thts certtficatton resolutton apphes,
AND,
Only such pubhc bustness matters as were tdenttfied tn the motton
convemng the Closed Sesston were heard, dtscussed or constdered by
l, Srgtnta Beach Ctty Council
Vottng 11-0
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
Wdham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
February 26 2002
OUR t~,~
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 49326, page 15, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS' Section 2 2-3711(A) of the Code of V~rg~ma requires a certification by the
govermng body that such Closed Session was conducted ~n conformity w~th V~rg~ma law.
NOW, THEREFORE, BE IT RESOLVED: That the Virg~ma Beach C~ty Councd hereby
certffies that, to the best of each member's knowledge, (a) only pubhc bus~ness matters lawfully
exempted from Open Meeting reqmrements by Virginia law were d~scussed ~n Closed Session to
which th~s certfficat~on resolution apphes; and, (b) only such pubhc bus~ness matters as were
~dentffied ~n the motion convemng th~s Closed Session were heard, d~scussed or considered by
V~rglma Beach City Councd.
-'l~uth HodgeffSmlth, MMC
C~ty Clerk
February 26, 2002
- 20 -
Item V-F. 1.
MINUTES
ITEM it 49330
Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Parker, Ctty Counctl APPROVED the
Mtnutes of the INFORMAL AND FORMAl, SESSIONS of February 12, 2002
Vottng 11-0
Counctl Members Vottng Aye
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
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
February 26 2002
-21 -
Item V-G.I.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 49331
B Y CONSENSUS, Ctty Counctl ADOPTED:
AGENDA FOR THE FORMAL SESSION
February 26 2002
- 22 -
Item V-H. 1.
PUBLIC HEARING
ITEM # 49332
Mayor Oberndorf DECLARED A PUBLIC HEARING:
ELECTION DISTRICT- Red Wing Precinct
There betng no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING
February 26 2002
Item V-I. 1.
- 23 -
PROCLAMATION
ITEM tt 49333
Mayor Oberndorf PROCLAIMED:
February 26, 2002
Virginia State Parks Day
The Vtrgtnta State Park System was recently bestowed the National Gold Medal Award for Excellence tn
Park and Recreation Management by the National Sporting Goods Association's Sports Foundation, Inc.,
tn cooperatton wtth the National Recreation and Park Association Vtrgtnta ts only the thtrd state to recetve
thts most presttgtous btenntal award for outstandtng park, recreatton and letsure servtces to ctttzens,
Vtrgtnta emerged as the Grand Wtnner based upon improvement, servtce, conttnutng development, future
planntng, a parttctpant tnvolvement and commumty acceptance Hatled as the Best tn Amertca, the Vtrgtnta
State Parks system features two beauttful locattons tn the Ctty of Vtrgtnta Beach, tncludtng First Landing
State Park, its Chesapeake Bay Center and False Cape State Park.
Fred Hazelwood, Dtstrtct Manager- Ftrst Lan&ng State Park, ACCEPTED the PROCLAMATION,
accompanted by Kyle Barber, Park Manager - False Cape State Park, and volunteers Commander Fred
Burrell and Chuck Traub
February 26 2002
Item V-I.
- 24-
ORDINANCES/RES OL UTION
ITEM # 49334
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ~4PPROVED IN
ONE MOTION, Ordtnances/Resolutton 1, 2a/b, 3, 4, 5a/b/c/d, 6a/b/d and 7 of the CONSENT~4GEND~4.
Voting
1 I- 0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Meyera E Oberndorf, Nancy K Parker, Vtce Mayor ~tlham
D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Council Members Absent
None
February 26 2002
Item V-I. 1.
- 25 -
ORDINANCES/RES OL UTION
ITEM # 49335
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, C~ty Councd ADOPTED:
Ordtnance to AMEND and REORDAIN ~ lO-1 of the Ctty Code to change
the polhng place for the Red Wtng Prectnct from the Fire~,
to the Seatack Elementary School at 912 South Btrdneck Road (BEACH-
DISTRICT 6)
Vottng 11- 0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Meyera E Oberndorf Nancy K Parker, Vzce Mayor Wtlham
D Sessoms, Jr and Rosemary Wilson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
February 26 2002
AN ORDINANCE TO AMEND AND REORDAIN
CITY CODE ~ 10-1 BY MOVING THE
POLLING PLACE FOR THE RED WING
PRECINCT
SECTION AMENDED: ~ 10-1
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 10-1 of the City Code is hereby amended and
9 reordained to read as follows:
10 Sec. 10-1. Establishment of precincts and pollzng places.
11 There are hereby establzshed in the city the following precincts
12 and their respective polling places, as set forth below:
13 Precinct
Polling Place
14 Alanton
Alanton Elementary School
15 Aragona
Kemps Landing Magnet School
16 Arrowhead
Arrowhead Elementary School
17 Baker
Heritage United Methodist Church
18 Bayside
Bayside Elementary School
19 Bellamy
Salem Middle School
20 Blackwater
Blackwater Fire Station
21 Bonney
Center for Effective Learning
22 Brandon
Brandon Middle School
23 Brookwood
24 Buckner
Brookwood Elementary School
Holy Spirit Catholic Church
25 Cape Henry
26
27
28 Capps Shop
29 Centerville
30
Chesapeake Beach
Research and Enlightenment Building
(Edgar Cayce Library)
P.A. Mosquito Control Building
Centerville Elementary School
Bayside Baptist Church
31
College Park
32 Colonial
33 Colony
College Park Elementary School
Colonial Baptist Church
Lynnhaven Colony Congregational Church
34 Courthouse Courthouse Fire Station
35 Creeds Creeds Fire Station
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
Culver
Dahlia
Davis Corner
Eastern Shore
Edinburgh
Fairfield
Foxfire
Glenwood
Great Neck
Green Run
Hilltop
Holland
Homestead
Hunt
Indian Lakes
Kings Grant
Kingston
Lake Smith
Landstown
Larkspur
Linkhorn
London Bridge
Lynnhaven
Magic Hollow
Malibu
Mt. Trashmore
North Beach
Ocean Lakes
Ocean Park
Oceana
Old Donation
Ocean Lakes High School
Green Run High School
Bettie F. Williams Elementary School
Eastern Shore Chapel
St. Aidan's Episcopal Church
Fairfield Elementary School
Princess Anne Middle School
Glenwood Elementary School
Ail Saints Episcopal Church
Green Run Elementary School
Good Shepherd Lutheran Church
Holland Elementary School
Providence Presbyterian Church
Princess Anne Recreation Center
Indian Lakes Elementary School
St. Nicholas Catholic Church
Kingston Elementary School
Bayside Church of Christ
Landstown Communzty Church
St. Andrews United Methodist Church
Virginia Beach Community Chapel
London Bridge Baptmst Church
Grace Bible Church
Roma Lodge No. 254
Malibu Elementary School
Windsor Woods Elementary School
First Baptmst Church of Virginia Beach
Ocean Lakes Elementary School
Bayside Christian Church
Scott Memorial United Methodist Church
Old Donation Center for Gmfted
67 Pembroke
68 Plaza
69
Point O'View
70 Providence
71 Red Wing
72
Pembroke Elementary School
Lynnhaven Elementary School
Kempsville Church of Christ
Kempsville Recreation Center
Fire Tzaining Center Seatack Elementary
School
73
Rosemont Forest
74 Roundhill
Rosemont Forest Elementary School
Salem High School
75 Rudee
76
77
78 Salem
Virginia Beach Volunteer Rescue Squad
Building
Salem United Methodmst Church
79 Seatack
Seatack Communmty Recreation Center
80 Shannon
Church of the Ascension
81 Shell
Unity Church of Tidewater
82 Shelton Park
Shelton Park Elementary
83 Sherry Park
84 Sigma
St. Matthews Catholic Church
St. John the Apostle Catholic Church
85 South Beach
Contemporary Art Center of Virginia
86 Stratford Chase
Providence Elementary School
87 Strawbridge
Strawbridge Elementary School
88 Thalia
Thalia Elementary School
89 Thoroughgood
Independence Middle School
90 Timberlake
White Oaks Elementary School
91 Trantwood
Vmrginia Beach Christian Church
92 Village
Thalia Lynn Baptist Church
93 Windsor Oaks
Windsor Oaks Elementary School
94 Witchduck
Bayside Presbyterian Church
95 Wolfsnare
Virginia Beach Christian Life Center
96 Woodstock
Avalon Church of Christ
97
98
Central Absentee
Voter Precinct
Agriculture/Voter Registrar Building
99 Adopted by the City Council of the City of Virginia Beach,
100
Virginia, on this 2~.~th day of r0~bruary
, 2002.
ORD-8387
DATA/ORDIN/PROPOSED/10-1.ord.wpd
Ri
February 6, 2002
APPROVED AS TO CONTENTS'
Vot
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attor~'s O{~'ice
CERTIFIED TO BE A TRUE COPY OF AN
ORDINANCE ADOPTED BY THE COUNCIL
OF THE CITY OF VIRGINIA BEACH,
VIRGINIA..A~N FEBRUARY 2 6, 2 0 0 2.
~uth Hodge~Smith, MMC
City Clerk
Item V-I.2. a/b
- 26-
ORDINANCES/RES OL UTION
ITEM # 49336
Upon motton by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Councd ADOPTED:
Or&nances re grants from the Vtrgtnta Department of Crtmmal dusttce
Servtces
ACCEPT and APPROPRIATE $78,442 under the Juvemle
Accountabthty Incentive Block Grant program (JAIBG),
TRANSFER $8,716 from the General Fund Reserve for
Conttngenctes-Grant Match to the FY2001-02 operattng budgets
of the Departments of Juvende Probatton and Parks and
Recreatton re continued education for juveniles under court
supervtston and an inter-agency information sharing program,
(contmgent upon the avadabdtty of the federal block granO, and,
esttmated revenue from the federal government be tncreased
accordtngly
bo
ACCEPT and APPROPRIATE $46,661 to the FY 2001-02
operattng budget of the Pohce Department re dedicated domestic
violence prevention; and, esttmated revenue be increased
accordtngly
Voting
11- 0 (By Consent)
Council Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, dr, Meyera E Oberndorf Nancy K Parker, Vice Mayor Wtlham
D Sessoms, Jr and Rosemary Wilson
Councd Members Vottng Nay
None
Councd Members Absent
None
February 26 2002
AN ORDINANCE TO ACCEPT AND APPROPRIATE A
$78,442 GRANT FROM THE STATE AND TO TRANSFER
$8,716 FROM THE GENERAL FUND RESERVE FOR
CONTINGENCIES TO THE FY 2001-02 OPERATING
BUDGETS OF THE DEPARTMENT OF JUVENILE
PROBATION AND THE DEPARTMENT OF PARKS AND
RECREATION TO FUND AN EDUCATION PROGRAM FOR
JUVENILES UNDER COURT SUPERVISION AND AN
INTER-AGENCY INFORMATION SHARING PROGRAM
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WHEREAS, under the Juvenile Accountability Incentive
Block Grant Program, the City of Virginia Beach has been awarded a
$78,442 grant in federal funds from the Virginia Department of
Criminal Justice Services, and the terms of the grant requires the
City to provide a 10% grant match for the period covered by the
grant.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That $78,442 is hereby accepted from the Virginia
Department of Criminal Justice Services and appropriated as
follows:
a. $30,505 is hereby appropriated to the FY 2001-02
Operating Budget of the Department of Juvenile Probation to
continue funding an education program for juveniles under the
supervision of the Juvenile Court.
b. $47,937 is hereby appropriated to the FY 2001-02
Operating Budget of the Department of Parks and Recreatlon's Youth
Opportunities Office to establish and maintain an interagency
information sharing program for juveniles.
2. That $8,716 is hereby transferred from the General
Fund Reserve for Contingencies - Grant Match to the FY 2001-02
Operating Budget of the Department of Juvenile Probation as the
local match for the grant.
3. That funding for these programs ~s contingent upon
the availability of the federal block grant, and if federal funding
is reduced or eliminated, then these programs may be reduced or
eliminated accordingly.
37
38
4. That estimated revenue from the federal government is
hereby increased by $78,442.
39
4O
Adopted by the Council of the C~ty of Virginia Beach,
Virginia, on the 26th day of February , 2002.
41
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44
CA-8389
ORDIN\NONCODEkJAIBDord.wpd
RI
February 11, 2002
45
46
47
48
49
APPROVED AS TO CONTENT'
Management Services /
APPROVED AS TO LEGAL
SUFFICIENCY'
/'" .--7
~ty -Attorne~F'
10
11
12
13
AN ORDINANCE TO ACCEPT AND
APPROPRIATE A $46,661 FEDERAL GRANT
FROM THE VIRGINIA DEPARTMENT OF
CRIMINAL JUSTICE SERVICES TO THE
POLICE DEPARTMENT'S FY 2001-02
OPERATING BUDGET TO CONTINUE FUNDING
DOMESTIC VIOLENCE PREVENTION EFFORTS
WHEREAS, the City of Virginia Beach has been awarded $46,661
in federal funds from the Virginia Department of Criminal Justice
Services to continue domestic violence prevention efforts, and the
funding for in-kind match required by the grant exists in the
Police Department's operating budget.
14
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16
17
18
19
20
21
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That a $46,661 federal grant is hereby accepted from the
Virginia Department of Criminal Justice Services and appropriated
to the Police Department's FY 2001-02 Operating Budget to pay for
the salary and benefits of a dedicated domestic violence police
detective, and estimated revenue in the FY 2001-02 Operating Budget
is increased accordingly.
22
23
Adopted the 26th day of Feb. , 2002, by the Council of the
City of Virginia Beach, Virginia.
CA-8405
Ordin~Noncode~V-Stop Grant.ord
R3
February 13, 2002
APPROVED AS TO CONTENT:
M~ana~ Services ~
APPROVED AS TO LEGAL
SUFFICIENCY:
[ty Attorney's ~flce ~/
COMMONWEALTH of VIRGINIA
Joseph B Benedetb
Director
Department of Criminal Justice Services
December 17, 2001
805 East Broad Street, Tenth Floor
R,chrnond, V~rgmm 23219
(804) 786-4000
FAX (804) 371-8981
TDD (804) 386-8732
Mr. James K. Spore
City Manager
City of Virginia Beach
City Hall Building, Room 23
Virginia Beach, Virginia 23456
Title: Va. Beach Alliance to End Partner Violence
Dear Mr. Spore:
I am pleased to advise you that grant number 02-G9222VA01 for the above-referenced grant program has
been approved in the amount of $46,661 in Federal Funds and .$~ in Local Cash Match for a total award of
Enclosed you will find a Statement of Grant Award and a Statement of Grant Award Special Conditions.
To indicate your acceptance of the award and conditions, please sign the award acceptance and return it to
Janiee Waddy, Grants Administrator, at the Department of Criminal Justice Services (DCJS). Please review the
conditions carefully; as some require action on your part before we will disburse grant funds.
When we receive documentation showing that you have complied with the conditions, you will be eligible
to request funds awarded under this grant. A REQUEST FOR FUNDS form is also included with this letter
and should be used for this purpose. You may request funds at the same time you submit the documentation of
compliance with the grant conditions or at any time thereafter. However, we cannot process your request until
we have received and approved all required information.
We appreciate your interest in this grant program and will be happy to assist you in any way we can to
assure your project's success. If you have any questions, please call D~eborah Downing at (804) 371-8635.
Yours very truly, (.~f-) ~- 3qo0
Enclosures
A.M. Jacocks, Chief of Police
Ms. Patricia K. Phillips, Director of Finance
Deborah Downing, DCJS
Cnm~nal Justice Service Board · Commfltee on Tra,mng · Juven,le Just,ce and Del,nquency Prevent,on Adv,sory Committee
Adwsory Commfltee to Court Appointed Special Advocate and Children's Just,ce Act Programs
Private Security Services Adwsory Board · Crlm,nal Justice Information Systems Corem,tree
Item VoI. 3.
-27-
ORDINANCES/RES OL UTION
ITEM # 4933 7
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Or&nance to APPROPRIATE $10,000 Fund Balance and $4,000
ad&ttonal revenue from the Francis Land House Board of Trustees Trust
Fund to the FY 2001-02 operating budget of the Department of Museums
and Cultural Arts -Francts Land House re board sponsored events, and,
esttmated revenue from local sources be increased accordingly
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, Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham
D Sessoms, Jr andRosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
February 26 2002
AN ORDINANCE TO APPROPRIATE $10,000 FUND
BALANCE AND $4,000 OF ADDITIONAL REVENUE
FROM THE FRANCIS LAND HOUSE BOARD OF
TRUSTEES TRUST FUND TO THE FY 2001-02
OPERATING BUDGET OF THE DEPARTMENT OF
MUSEUMS AND CULTURAL ARTS - FRANCIS LAND
HOUSE FOR EXPENSES ASSOCIATED WITH BOARD
SPONSORED EVENTS
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BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1.
the Francis Land House Board of Trustees Trust Fund to the FY 2001-
02 operating budget of the Department of Museums and Cultural Arts
- Francis Land House to fund expenses of board sponsored events.
2. That $4,000 of unanticmpated additional revenue received
from donations and activities is hereby appropriated from the
Francis Land House Board of Trustees Trust Fund to the FY 2001-02
operating budget of the Department of Museums and Cultural Arts -
Francis Land House to fund expenses of board sponsored events.
3. That estimated revenue from local sources is increased by
$4,000 in the FY 2001-02 operating budget.
That $10,000 of fund balance is hereby appropriated from
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Accepted by the Council of the City of Virginia Beach,
Virginia on the 26th day of F~bru~rv , 2002.
CA-8403
ordin/noncode/FranclsLandord, wpd
R-3
February 19, 2002
Approved as to Content-
Manag~me~ Ser'~ices
Approved as to Legal
/~41 c i enc~f
gLO%' ~e-p a~n~n t
- 28 -
Item V-I. 4.
ORDINANCES/RES OL UTION
ITEM # 49338
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Counczl ADOPTED:
Ordinance to TRANSFER $240, O00 from the Shert. ff's Correctton Center
sprtnkler system to the Law Enforcement Training Academy, re the Pohce
and Sheriff's accelerated constructton schedule
Voting
1 I- 0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, dr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham
D Sessoms, Jr and Rosemary Wdson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
February 26 2002
AN ORDINANCE TO TRANSFER $240,000 FROM CAPITAL
PROJECT #3-403, CORRECTION CENTER SPRINKLER
SYSTEM, TO CAPITAL PROJECT %3-027, LAW
ENFORCEMENT TRAINING ACADEMY, TO ADVANCE FUNDS
DUE TO AN ACCELERATED CONSTRUCTION SCHEDULE
WHEREAS, due to an accelerated construction schedule for
Capital Project %3-027, Law Enforcement Training Academy, it is
necessary to advance $240,000 to the project to pay for
construction costs.
10
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
11 OF VIRGINIA BEACH, VIRGINIA:
12
13
14
That $240,000 is hereby transferred from Capital Project
#3-403, Correction Center Sprinkler System, to Capital Project #3-
027, Law Enforcement Training Academy, to advance funds due to an
15 accelerated construction schedule.
16
17
Adopted by the Council of the C~ty of Virginia Beach,
18 Virginia, on the 26~_h day of Fehr~ry
, 2002.
CA-8406
Ordin/Noncode/cmp3-027ord.wpd
R-1
February 13, 2002
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
Law Departmen~-~-
Item V-I. 5a/b/c/d.
- 29 -
ORDINANCES/RES OL UTION
ITEM # 49339
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Ordinance to TRANSFER $125,000 from various projects within the FY
2001-02 Capttal Improvement Program to the Seatack Elementary School
re funding for closeout of the followmg projects
a Kellam Htgh School Auxtltary Gymnastum
b W T Cooke Elementary School
c ADA Modtficattons
d Renovations, replacements, re-roofing, tndoor air quahty
and vartous site acqutstttons
Voting 11- 0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham
D Sessoms, Jr and Rosemary Wtlson
Council Members Vottng Nay
None
Counctl Members Absent
None
February 26 2002
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AN ORDINANCE TO TRANSFER $125,000
FROM VARIOUS PROJECTS WITHIN THE FY
2001-02 CAPITAL IMPROVEMENT PROGRAM
TO CIP PROJECT #1-198, SEATACK
ELEMENTARY SCHOOL, TO PROVIDE
FUNDING FOR PROJECT CLOSEOUT
WHEREAS, the School Board has requested the City Council that
available balances from various CIP projects that are e~ther
completed or have unencumbered balances be transferred to CIP
Project #1-198, Seatack Elementary School, to closeout the project.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA'
That $125,000 is hereby transferred, from the following CIP
Projects and in the amounts as set forth below, to Capital Project
#1-198, Seatack Elementary School, to closeout this project'
1. $31,997 from Capital Project #1-002, Kellam High School
Auxiliary Gym;
2. $25,000 from Capital Project # 1-006, Various Schools
Site Acqu~sition-?hase 1;
3.$25,000 from Capital Project #1-062, ADA Modifications;
4. $6,459 from Capmtal Project #1-063, Indoor Air Quality
Improvements;
5. $25,000 from Capital Project #1-083, Renovations and
Replacements-Reroofing; and
6. $11,544 from Capital Project #1-202, W.T. Cooke
Elementary School.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 2~zth_ day of ~hru~rv , 2002.
CA-8408
ORDINkNONCODEkSeatack Project Closeout.ord
February 15, 2002
R2
APPROVED AS TO CONTENT'
·
Management Services
APPROVED AS TO LEGAL
SUFFICIENCY'
C~ty Att6rney's~'Offic'e~'
IRGINIA
BEACH CITY PUBLIC SCHOOLS
A H E A D 0 F T H E C U R V E
SCHOOL BOARD
Daniel D. Edwards
Chatn~an
[hstnct 1 - Centennlle
1513 Beachwew Onve
VA Beach. VA 23464
495-3551 (h). 717-0259 (cell)
Nell L. Rose
Vice Chairman
At-Large
1337 Hams Road
V^ Beach. VA 23452
463-3823 (h) · 497-6633 (w)
0 A. 'Al" Ablowich
At-Large
4176 Chanty Neck Road
V^ Beach, VA 23457
Jane $. Brooks
I~tnct 6 - Beach
721 Hdllo9 Road
VA Beach. VA 23454
425-1597 (h)
Nancy O Guy
C)tslncl S - Lynnhaven
2445 Haversham
VA Beach, VA 23454
496-2291 (h)
Dan R. Lowe
D~stncl 4 - BaysKle
4617 Red Coat Road
VA Beach, VA 23455
490-3681 (h)
H. L# Poweli, Jr.
DMrk~ 7- ~ Anne
2409 ~l~gbam Road
VA Beach, VA 23456
4279112 (h)
VA Belch, VA 23462
490-8167 (h)
Midmd W.
DlddCl 3 - Rll~e Ha~
VA Belch, VA 23452
4984303 (h) · 445-0471 (w)
Jeld M.
~ 2 - Kempsvlle
VABeach, VA 23462
499-2490 (h)
A~hur T. Tete
17o9 Ledyr~ laews
VA Beacfl, VA 23455
460-5451 (h}
SUPERINTENDENT
2512 Geoqae Ibso~ DdYe
VA B#ch, VA 23456
427-4326
RESOLUTION AUTHORIZING SCHOOL ADMINISTRATION TO CLOSE
OUT SEATACK AND NEW CASTLE ELEMENTARY SCHOOL PROJECTS
WITH SHIRLEY CONSTRUCTION CORPORATION
RESOLVED: Based on the reconm'~endanon of staff, the School Board approves
closeout of the Seatack and New Castle Elementary Schools construction projects with
Shirley Construction Corporation to cover retalnage, change orders, delay, and accrued
~nterest for $1 3 million, contingent upon approval by City Council of the proposed
transfer of $125,000 into C2 1-198 Seatack Elementary School from the following CIP
projects which are either c. losed out or have available unencumbered balances'
· CIP 1-002 Kellam High School Auxiliary Gym
CIP 1-006 Various Schools Site Acqmation
· CIP 1-062 ADA Modifications
· CIP 1-063 IAQ Improvements
· C2 1-083 Renovations & Replacements - Reroofing
· CIP 1-202 W. T Cooke Elementary School
and be It further
$31,997
$25,000
$25,000
$ 6,459
$25,000
$11,544
RESOLVED: That a copy of this resolution be delivered promptly to the City Council,
City Manager, and C~ty Clerk by the Clerk of the Board.
Adopted by the School Board of the City of Virginia Beach this 5th day of February
2002.
SEAL
Attest
Diannc P. Alexander
Clerk of thc Board
Daniel D. Edwards
Chairman
2512 George Mason Drive · P.O. Box 6038 · Virginia Beach, VA 23456-0038
CERTIFIED TO'~l
AND
Ole~
Olty of ¥
Item V-I. 6a
- 30-
ORDINANCES/RES OL UTION
ITEM # 49340
Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED
Or&nance re temporary encroachments tnto the Ctty's rtght-of-way
Encroachment tnto a 60-foot dratnage easement, known as Mtll
Pond. by PA TRICK G. and ANNA L. ENSLEY, re constructtng
and matntatntng a pter, moortng ptles, and a boat ramp at 364
Back Bay Crescent
(PRINCESS ANNE - DISTRICT 7),
The followtng conchttons shall be requtred
The encroachment will be constructed and matntatned tn
accordance wtth the laws of the Commonwealth of Vtrgmta and
the City of Vtrgtnta Beach, and tn accordance wtth the Ctty's
spectficattons and approval
The encroachment shall termtnate upon nottce by the Ctty to the
Grantee, and that wtthtn thtrty (30) days after such nottce ts
gtven, the encroachment must be removed from the encroachment
area by the Grantee, and that the Grantee wtll bear all costs and
expenses of such removal
The Grantee shall tndemntfy and hold harmless the Ctty, tts
agents and employees, from and agatnst all clatms, damages,
losses and expenses, tncludmg 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 encroachment
Nothtng heretn contatned shall be construed to enlarge such
permtsston and authortty to permit the matntenance or
constructton of any encroachment other than that spectfied
heretn and to the hmtted extent spectfied heretn, nor to permit
the matntenance and constructton of any encroachment by
anyone other than the Grantee
The Grantee agrees to matntatn the encroachment so as not to
become unstghtly or a hazard
The Grantee must obtatn apermtt from the Development Servtces
Center of the Planntng Department prtor to commenctng any
constructton wtthtn the encroachment area
Prtor to the issuance of a permtt, the Grantee must post a
performance bond or other form of surety, approved by the
Development Services Center of the Planmng Department, tn
accordance wtth the engtneer's cost esttmate
The encroachment must conform to the mtntmum setback
requtrements as estabhshed by the Ctty
The Grantee must obtatn apermtt from Waterfront Operattons of
the Planmng Department before commencing work wtthtn the
Ctty's easement
February 26 2002
Item V-I. 6a
-31 -
ORDINANCES/RESOLUTION ITEM # 49340 (Continued)
10
II
The Grantee must obtatn and keep tn force all-rtskproperty
tnsurance and general habthty insurance, or such msurance as
ts deemed necessary by the Ctty, and all insurance pohctes must
name the Ctty as addtttonal named tnsured or loss payee, as
apphcable The Grantee also agrees to carry comprehenstve
general habdtty tnsurance tn an amount not less than $500,000,
combmed single hmtts of such msurance pohcy orpohctes The
Grantee wdl provtde endorsements provtdmg at least thtrty (30)
days wrttten nottce to the Ctty prtor to the cancellatton or
termmatton of, or matertal change to, any of the msurance
pohctes The Grantee assumes all responstbthttes and habthttes,
vested or conttngent, wtth relatton to the encroachment
The City, upon revocation of such authority and permtsston so
granted, may remove the encroachment and charge the cost
thereof to the Grantee and collect the cost tn any manner
provtded by law for the collectton of local or state taxes, may
reqmre the Grantee to remove the encroachment and, tf 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 ($100) per day for each and every day that
the encroachment ts allowed to continue thereafter, and may
collect such compensatton and penalttes tn any mannerprovtded
by law for the collectton of local or state taxes
Vottng
11- 0 (By ConsenO
Councd Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham
D Sessoms, Jr and Rosemary Wtlson
Councd Members Voting Nay
None
Councd Members Absent
None
February 26 2002
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT INTO A
PORTION OF THE CITY'S SIXTY FOOT
(60') DRAINAGE EASEMENT BY PATRICK
G. ENSLEY AND ANNA L. ENSLEY, THEIR
HEIRS, ASSIGNS AND SUCCESSORS IN
TITLE
WHEREAS, PATRICK G. ENSLEY and ANNA L. ENSLEY desire to
construct and maintain a pier, mooring piles, and a boat ramp
within the City's 60' drainage easement known as Mill Pond, which
is located in the Sandbridge neighborhood.
WHEREAS, City Council is authorized pursuant to §§ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
authorize temporary encroachments within the City's existing
easements subject to such terms and conditions as Council may
prescribe.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as
amended, PATRICK G. ENSLEY and ANNA L. ENSLEY, their heirs, assigns
and successors in title, are authorized to construct and maintain
a temporary encroachment for a pier, mooring piles, and a boat ramp
in the City's 60' drainage easement as shown on that certain plat
entitled: "BULKHEAD, RIPRAP, FILL, PIER IN: NORTH BAY AT: 364 BACK
BAY CRESCENT VIRGINIA BEACH, VA 23456 APPLICATION BY: PATRICK G.
ENSLEY SHEET 1 OF 7 DATE: DECEMBER 12, 2001", a copy of which is on
file in the Department of Public Works to which reference is made
for a more particular description; and
BE IT FURTHER ORDAINED, that the temporary encroachment
is expressly subject to those terms, conditions and criteria
contained in the Agreement between the City of Virginia Beach and
PATRICK G. ENSLEY and ANNA L. ENSLEY (the Agreement ), which is
attached hereto and incorporated by reference; and
BAY
LOCATION MAP
SCALE: 1" = 1,600'
·
SE
· LOCATION
·
·
·
·
·
·
SEw
r
·I
·
× /
LOCATION MAP FOR
ENCROACHMENT FOR
//
//
PATRICK AND ANNA ENSLEY AT
364 BACK BAY CRESCENT
PRINCESS ANNE DISTRICT
SCALE: 1" = 100'
PREPARED BY P/W ENG. DRAFT. 26-NOV-2001
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES UNDER
SECTIONS 58.1-811 (a)(3) AND 58.1-811 (c)(4)
REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this ~J~day of ~~. ,
200~, by and between the CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia, the "City" Grantor
and PATRICK G. ENSLEY and ANNA L. ENSLEY, his wife, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, the "Grantee" (even if more than
one) .
WITNESS ETH:
WHEREAS, the Grantee is the owner of that certain lot,
tract or parcel of land designated and described as Lot 57,
Section 3, Back Bay Meadows, Princess Anne District, and being
further designated and described as 364 Back Bay Crescent,
Virginia Beach, VA 23456; and
WHEREAS, it is proposed by the Grantee to construct and
maintain a pier, mooring piles and a boat ramp, a "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 60' City drainage easement over a
canal/waterway known as Mill Pond, as shown in M.B. 67, Pg. 45,
the "Encroachment Area", and the Grantee has requested that the
City permit a Temporary Encroachment within the Encroachment Area.
t, GPIN: 2433-23-5113
I,
NOW, THEREFORE, for and in consideration of the premises
and of the benefits accruing or to accrue to the Grantee, and for
the further consideration of One Dollar ($1.00) in hand paid to
the City, receipt of which is hereby acknowledged, the City doth
grant to the Grantee permission to use the Encroachment Area for
the purpose of constructing and maintaining a Temporary
Encroachment.
It is expressly understood and agreed that the Temporary
Encroachment will be constructed and maintained in accordance with
the laws of the Commonwealth of Virginia and the City of Virginia
Beach, and in accordance with the City's specifications and
approval, and is more particularly described as follows, to wit:
A Temporary Encroachment into the
Encroachment Area as shown on that certain
plat entitled: "BULKHEAD, RIPRAP, FILL, PIER
IN: NORTH BAY AT: 364 BACK BAY CRESCENT
VIRGINIA BEACH, VA 23456 APPLICATION BY:
PATRICK G. ENSLEY SHEET 1 OF 7 DATE: DECEMBER
12, 2001", a copy of which is attached hereto
as Exhibit "A" to which reference is made for
a more particular description.
It is further expressly understood and agreed that the
Temporary Encroachment herein authorized shall terminate upon
notice by the City to the Grantee, and that within thirty (30)
days after such notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee, and that the
Grantee will bear all costs and expenses of such removal.
It is further expressly understood and agreed that the
Grantee shall indemnify and hold harmless the City, its agents and
~ employees, from and against all claims, damages, losses and
expenses, including reasonable attorney's fees, in case it shall
be necessary to file or defend an action arising out of the
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or construction
of any encroachment other than that specified herein and to the
limited extent specified herein, nor to permit the maintenance and
construction of any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the
Grantee agrees to maintain the Temporary Encroachment so as not to
become unsightly or a hazard.
It is further expressly understood and agreed that the
Grantee must obtain a permit from the Development Services Center
of the Planning Department prior to commencing any construction
within the Encroachment Area.
It is further expressly understood and agreed that,
prior to the issuance of a permit, the Grantee must post a
performance bond or other form of surety, approved by the
Development Services Center of the Planning Department, in
accordance with the engineer's cost estimate.
It is further expressly understood and agreed that the
Temporary Encroachment must conform to the minimum setback
requirements as established by the City.
It is further expressly understood and agreed that the
Grantee must obtain a permit from Waterfront Operations of the
Planning Department before commencing work within the City's
easement.
It is further expressly understood and agreed that the
Grantee must obtain and keep in force all-risk property insurance
and general liability insurance, or such insurance as is deemed
necessary by the City, and all insurance policies must name the
City as additional named insured or loss payee, as applicable.
The Grantee also agrees to carry comprehensive general liability
insurance in an amount not less than $500,000.00, combined single
limits of such insurance policy or policies. The Grantee will
provide endorsements providing at least thirty (30) days written
notice to the City prior to the cancellation or termination of, or
material change to, any of the insurance policies. The Grantee
assumes all responsibilities and liabilities, vested or
contingent, with relation to the Temporary Encroachment.
It is further expressly understood and agreed that the
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, if such removal
shall not be made within the time ordered hereinabove by this
Agreement, the City may impose a penalty in the sum of One Hundred
Dollars ($100.00) per day for each and every day that the
Temporary Encroachment is allowed to continue thereafter, and may
collect such compensation and penalties in any manner provided by
law for the collection of local or state taxes.
IN WITNESS WHEREOF, PATRICK G. ENSLEY and ANNA L.
ENSLEY, his wife, the said Grantee has caused this Agreement to be
executed by their signatures and seals duly affixed. Further,
that the City of Virginia Beach has caused this Agreement to be
executed in its name and on its behalf by its City Manager and its
seal be hereunto affixed and attested by its City Clerk.
(SEAL)
ATTEST:
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
City Clerk
Patrick G. ~ ~na L. EnsleY///
(SEAL)
( SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this day of , 20 , by
, city Manager/Authorized
Designee of the City Manager, on behalf of the CITY OF VIRGINIA
BEACH.
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this day of , 20 , by
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH.
Notary Public
My Commission Expires:
, to-wit:
The foregoing instrument was acknowledged before me
this ] ~-~ day of ~~'u~o~ , 20 o~ ,
by
PATRICK G. ENSLEY and ANNA L. ENSLEY, his wife.
Notary Public
My Commission Expires: ~ ~--, ~9 ~c~
j?PROVED,AS. TO CONTENT
D~PARTM[NT
TABLE OF CONI'~OL~;
POINT HUB
1 gS.O
2 ~.~
4 71.0
ARE ~ ~ T~ ~ ~E
PR~ R~ENT
RE'I~I~IWALL AT EA(~I
BULKHEAD
PIN
RE/r 1
LOT 56
FREDERICK P.
AND ~CKI JENKINS
2433-23-3075
BUnD OR
RIPRAP TO END AT
58' 4~ 3
I?
I
UMW AT PR~PI~ED
BULKHEAD OR RIPRAP
41' 4.
BULl(MEAD OR RIPRAP
HUB
PATRICK G. AND
ANNA L. ENSLEY
2¢33- ~-5113
BOAT RAMP
BEACH
M.B 67
PG. 45
o ~
o ~
BULKHEAD C~
RIPRAP TO END AT
ADJACENT BUt. KI-ICAD
BACK BAY
CRESCENT
(so' R/W)
LOT 58
HARRY C. AND
SHARON K. WEATHERS,,,
GRAPH/C SCALE
( m r~'~ )
PURPOSE: EROSION CONTROL
DATUM:NVGD MSL 0.00'
ADJACENT PROPERTY OWNERS
1. FREDERICK P. &: VICKI JENKINS
2. HARRY C AND SHARON K.
WEATHERS
PATRICK G. ENSLEY
;.'364- BACK BAY CRESCENT
VIRGINIA BEACH, VA 2,.34-56
PHONE/FAX: (757)4-26-24-80
CELLULAR: (757)617-1585
BULKHEAD, RIPRAP, FILL, PIER
IN: NORTH BAY
AT: 564- BACK BAY CRESCENT
VIRGINIA BEACH. VA 2,3456
APPLICATION BY:
PATRICK G. ENSLEY
SHEET 1 OF 7
DATE: DECEMBER 12. 2001
354 Back Bay Crescent
s DroDertv
Applicant's property showing adjacent property
Adjacent property
Item V-l. 6b.
- 32 -
ORDINANCES/RES OL UTION
ITEM # 49341
Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, Ctty Councd ADOPTED
Ordtnance re temporary encroachments tnto the Ctty's rtght-of-way
Encroachment tnto the pump statton stte at 2677 West Neck
Parkway by DAVID E. MILLER re constructtng and
matntatntng a wood deck and hot tub at 3125 Amador Drtve
(PRINCESS ANNE - DISTRICT 7)
The followtng condtttons shall be required
The encroachment wtll be constructed and matntatned tn
accordance wtth the laws of the Commonwealth of Vtrgtnta and
the Ctty of Vtrgtnta Beach, and tn accordance with the Ctty's
spectficattons and approval
The encroachment shall termtnate upon nottce by the Ctty to the
Grantee, and that wtthtn thtrty (30) days after such nottce ts
gtven, the encroachment must be removed from the encroachment
area by the Grantee, and that the Grantee wtll bear all costs and
expenses of such removal
The Grantee shall tndemntfy and hold harmless the Ctty, tts
agents and employees, from and agatnst all clatms, damages,
losses and expenses, tnclu&ng 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 encroachment
Nothtng heretn contatned shall be construed to enlarge such
permtsston and authortty to permit the matntenance or
constructton of any encroachment other than that spectfied
heretn and to the hmtted extent spectfied heretn, nor to permtt
the maintenance and construction of any encroachment by
anyone other than the Grantee
The Grantee agrees to matntatn the encroachment so as not to
become unstghtly or a hazard
The Grantee must obtatn apermtt from the Development Servtces
Center of the Planmng Department prtor to commenctng any
constructton wtthtn the encroachment area
Prtor to the tssuance of a permtt, the Grantee must post a
performance bond or other form of surety, approved by the
Development Services Center of the Planmng Department, tn
accordance wtth the engtneer's cost esttmate
The encroachment must conform to the mtntmum setback
reqmrements as estabhshed by the Ctty
February 26 2002
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT INTO A
PORTION OF A CITY PUMP STATION SITE
BY DAVID E. MILLER, HIS HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE
WHEREAS, DAVID E. MILLER desires to construct and
maintain a wood deck and hot tub into the City's pump station site
located at 2677 West Neck Parkway.
WHEREAS, City Council is authorized pursuant to §§ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
authorize a temporary encroachment upon the City's right-of-way or
property subject to such terms and conditions as Council may
prescribe.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as
amended, DAVID E. MILLER, his heirs, assigns and successors in
title, is authorized to construct and maintain a temporary
encroachment for a wood deck and hot tub into a portion of the
City's property as shown on that certain plat entitled: "PHYSICAL
SURVEY OF LOT 27 SUBDIVISION OF PARCEL 2A COURTHOUSE ESTATES, PHASE
2, SECTION H-2 3125 AMADOR DRIVE VIRGINIA BEACH, VIRGINIA FOR DAVID
E. MILLER", a copy of which is on file in the Department of Public
Works to which reference is made for a more particular description;
and
BE IT FURTHER ORDAINED, that the temporary encroachment
is expressly subject to those terms, conditions and criteria
contained in the Agreement between the City of Virginia Beach and
DAVID E. MILLER (the "Agreement"), which is attached hereto and
incorporated by reference; and
BE IT FURTHER ORDAINED, that the City Manager or his
authorized designee is hereby authorized to execute the Agreement.
BE IT FURTHER ORDAINED, that this Ordinance shall not be
36
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in effect until such time as DAVID E. MILLER and the City Manager
or his authorized designee execute the Agreement.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 26~h day of February , 2002.
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41
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43
CA#-
TKENN\ENCROACH\MILLER.ORD
R-1
PREPARED: 1/17/02
APPR~ED AS TO CONTENTS
~ SIGNAYU~E
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
CITY ATTORNEY
SITE
LOCATION MAP
SCALE: 1" --
1,600'
,, \
J
\ ee
i
LOCATION MAP FOR
ENCROACHMENT REQUEST
,~\~ FOR ~/~~-\¢. ~~
~DAVID E. MILLER AT
3125 AMADOR DRIVE
SCALE: 1" = 100'
AGENDA TIM K~NNEDY. DGN PREPARED BY P,,W ENG. DRAPT. JAN. 9, 2002
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES UNDER
SECTIONS 58.1-811 (a)(3) AND 58.1-811 (c)(4)
REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this /F day of ~~~3~. ,
200/ , by and between the CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia, the "City", Grantor,
and DAVID E. MILLER, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE,
the "Grantee" (even if more than one).
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot,
tract or parcel of land designated and described as: Lot 27,
Subdivision of Parcel 2A, Courthouse Estates, Phase 2, Section H-
2 (M.B. 244, Pg. 24), and being further designated and described
as 3125 Amador Drive, Virginia Beach, VA 23456; and
WHEREAS, it is proposed by the Grantee to construct and
maintain an existing wood deck and hot tub, a "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 an
existing City property, i.e., a pump station site located at 2677
West Neck Parkway, which is directly behind the Grantee's
property, the "Encroachment Area", and the Grantee has requested
that the City permit a Temporary Encroachment within the
Encroachment Area.
GPIN: 1493-26-6921
NOW, THEREFORE, for and in consideration of the premises
and of the benefits accruing or to accrue to the Grantee, and for
the further consideration of One Dollar ($1.00) in hand paid to
the City, receipt of which is hereby acknowledged, the City doth
grant to the Grantee permission to use the Encroachment Area for
the purpose of constructing and maintaining a Temporary
Encroachment.
It is expressly understood and agreed that the Temporary
Encroachment will be constructed and maintained in accordance
with the laws of the Commonwealth of Virginia and the City of
Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to-
wit:
A Temporary Encroachment into the Encroachment
Area as shown on that certain plat entitled:
"PHYSICAL SURVEY OF LOT 27 SUBDIVISION OF
PARCEL 2A COURTHOUSE ESTATES, PHASE 2, SECTION
H-2 3125AMADOR DRIVE VIRGINIA BEACH, VIRGINIA
FOR DAVID E. MILLER", a copy of which is
attached hereto as Exhibit "A" to which
reference is made for a more particular
description.
It is further expressly understood and agreed that the
Temporary Encroachment herein authorized shall terminate upon
notice by the City to the Grantee, and that within thirty (30)
days after the notice is given the Temporary Encroachment must be
removed from the Encroachment Area by the Grantee, and that the
Grantee will bear all costs and expenses of such removal.
It is further expressly understood and agreed that the
Grantee shall indemnify and hold harmless the City, its agents
and employees, from and against all claims, damages, losses and
expenses, including reasonable attorney's fees, in case it shall
be necessary to file or defend an action arising out of the
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge the
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the Grantee.
It is further expressly understood and agreed that the
Grantee agrees to maintain the Temporary Encroachment so as not
to become unsightly or a hazard.
It is further expressly understood and agreed that the
Grantee must obtain a permit from the Development Services Center
of the Planning Department prior to commencing any construction
within the Encroachment Area.
It is further expressly understood and agreed that,
prior to the issuance of a permit, the Grantee must post a
performance bond or other form of surety, approved by the
Development Services Center of the Planning Department, in
accordance with the engineer's cost estimate.
It is further expressly understood and agreed that the
Grantee must obtain and keep in force all-risk property insurance
and general liability insurance, or such insurance as is deemed
necessary by the City, and all insurance policies must name the
City as additional named insured or loss payee, as applicable.
The Grantee also agrees to carry comprehensive general liability
insurance in an amount not less than $500,000.00, combined single
limits of such insurance policy or policies. The Grantee will
provide endorsements providing at least thirty (30) days written
notice to the City prior to the cancellation or termination of,
or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the Temporary Encroachment.
It is further expressly understood and agreed that the
Temporary Encroachment must conform to the minimum setback
requirements as established by the City.
It is further expressly understood and agreed that the
City, upon revocation of such authority and permission so
granted, may remove the Temporary Encroachment and charge the
cost thereof to the Grantee and collect the cost in any manner
provided by law for the collection of local or state taxes; may
require the Grantee to remove the Temporary Encroachment and,
pending such removal, the City may charge the Grantee for the use
of the Encroachment Area the equivalent of what would be the real
property tax upon the land so occupied if it were owned by the
Grantee; and, if such removal shall not be made within the time
ordered hereinabove by this Agreement, the City may impose a
penalty in the sum of One Hundred Dollars ($100.00) per day for
each and every day that the Temporary Encroachment is allowed to
continue thereafter, and may collect such compensation and
penalties in any manner provided by law for the collection of
local or state taxes.
IN WITNESS WHEREOF, DAVID E. MILLER, the said Grantee
has caused this Agreement to be executed by his signature and
seal duly affixed. Further, that the City of Virginia Beach has
caused this Agreement to be executed in its name and on its
behalf by its City Manager and its seal be hereunto affixed and
attested by its City Clerk.
(SEAL)
ATTEST:
City Clerk
CITY OF VIRGINIA BEACH
City Manager/Authorized
Designee of the City Manager
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this I~ day of ~ce~~f~ , 20 ~ , by
, city Manager/Authorized
Designee of the City Manager, on behalf of the CITY OF VIRGINIA
BEACH.
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this day of , 20 , by
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH.
Notary Public
My Commission Expires:
STATE OF
CITY/COUNTY
, to-wit:
this
The foregoing instrument was acknowledged before me
~/~ day of ~ea~b~f~ , 20 O I ,
David E. Miller.
by
My Commission Expires:
,Jo, E: zoo
tary ~ublic
OVED AS TO CONTENT
D£PAITTM c,%WT
~/E HEREBYIOEC~ARE THAT Oq MAY 03, ZOO1 YE SURVEYED THE PROPERTY SHO~N HEREON. THAT THE TITLE tiNES
ANO THE WALLS OF THE BUILDING(S} ARE AS SHOWN. THAT THE BU[LOINO(S) STAND STR[CKLY ~ITHtN THE ITLE
LIN£2 AND TH~fl~ AR~ NO [NCROACNHENT~ OF OTHER gUILD[NOS ON tHE PROPERTY EXCEPT AS SHOVN. AND ! IAT
THE PRINCIPLE STRUCTURE9 SHO~N APPEAR TO FALL ~ITHtN ZONE X . AS SHO~N ON THE FEDERAL EHEROENC
~AHAOEHENT AGENCY, FLOOD INSURANCE RATE ~AP FOR THE CITY STATED BELOW, CO~HUNITY NO. 5t~%
DATED 10.3.'"/0 AND LAST REVISED IZ-5-q&
ENGINEERINO SERVICES, INC. - BY,
L.r~RL ^cL£SS ( ~6.t~4T~141 ~4CL
N(~ IIII r ii[ ~'rjrtj '/AS FlJJ~:~lSlt[i) TO
PH"/S! CAL SURYE.~/
OF
LO T
eaUBDI~/ISi011 0Ir P&RCLL 2A
COURTHOUSE ESTATES, PHASE Z,SECTI01d H.Z
312:6 AMADOR 13RIV£
~/IRGIMr/~ I~LAt:I4 ,VIRi;INI/~
FOR,
~AVII:3 E.. MILLF. R
3351 STONESHORE ROAD
VIRGINIA BEACH VIRGINIA 23452 (804) 468-6800
iii , i i i ii
,PO.~
\
3125 Amador Drive
Encroaching deck area
Item V-L 6e.
- 34-
ORDINANCES/RES OL UTION
ITEM # 49342
Paul Warren, 1517 Duke of Wtndosr Road, Phone 496-2814, &strtbuted a copy of hts land survey, and
photographs Satd tnformatton ts hereby made a part of the record Mr Warren regtstered tn
OPPOSITION, as the encroachment directly affects hts property by mterfermg wtth mgress and egress
Upon motton by Counctlman Harrtson, seconded by Vtce Mayor Sessoms, Ctty Counctl ADOPTED
Ordinance re temporary encroachments tnto the Ctty's rtght-of-way
Encroachment tnto Kent Lane by CHARLES P. and JUANITA
U. FLETCHER, re allowmg extsttng spht rail fenctng,
underground water sprtnkhng system and landscapmg at 1200
Kent Lane (L YNNHA VEN- DISTRICT 5)
The followmg condtttons shall be requtred
The encroachment wtll be constructed and matntatned tn
accordance wtth the laws of the Commonwealth of Vtrgtnta and
the Ctty of Vtrgmta Beach, and tn accordance wtth the Ctty's
spectficattons and approval
The encroachment shall termtnate upon nottce by the Ctty to the
Grantee, and that wtthtn thtrty (30) days after such nottce ts
gtven, the encroachment must be removed from the encroachment
area by the Grantee, and that the Grantee wtll bear all costs and
expenses of such removal
The Grantee shall tndemmfy 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 encroachment
Nothtng heretn contatned shall be construed to enlarge such
permtsston and authortty to permtt the matntenance or
constructton of any encroachment other than that spectfied
heretn and to the hmtted extent spectfied herein, nor to permtt
the matntenance and construction of any encroachment by
anyone other than the Grantee
The Grantee agrees to matntatn the encroachment so as not to
become unstghtly or a hazard
The Grantee must obtatn and keep tn force all-rtskproperty
tnsurance and general habthty insurance, or such msurance as
ts deemed necessary by the Ctty, and all tnsurance poltctes must
name the Ctty as addtttonal named tnsured or loss payee, as
apphcable The Grantee also agrees to carry comprehenstve
general habthty msurance tn an amount not less than $500,000,
combtned stngle hmtts of such tnsurance pohcy or pohctes The
Grantee wtll provtde endorsements provt&ng at least thtrty (30)
days written nottce to the Ctty prtor to the cancellatton or
termtnatton of, or matertal change to, any of the tnsurance
pohctes The Grantee assumes all responstbdtttes and habthttes,
vested or contingent, with relatton to the encroachment
February 26 2002
Item V-L 6c.
- 35-
ORDINANCES/RESOLUTION ITEM # 49342 (Continued)
The Ctty, upon revocatton of such authortty and permtsston so
granted, may remove the 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 encroachment and, tf 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 ($100) per day for each and every day that
the encroachment ts allowed to continue thereafter, and may
collect such compensatton and penalttes tn any manner provtded
by law for the collectton of local or state taxes
Votmg 10-1
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Wtlham W Harrison, Jr, Barbara M Henley,
Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Meyera E
Oberndor./. Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and
Rosemary Wtlson
Counctl Members Vottng Nay
Margaret L Eure
Counctl Members Absent
None
February 26 2002
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
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE TEMPORARY
ENCROACHMENTS INTO A PORTION OF THE
RIGHT-OF-WAY OF KENT LANE BY CHARLES
P. FLETCHER AND JUANITA U. FLETCHER,
THEIR HEIRS, ASSIGNS AND SUCCESSORS
IN TITLE
WHEREAS, Charles P. Fletcher and Juanita U. Fletcher,
desire to construct and maintain split rail fencing, underground
water sprinkling system, and landscaping into the City's rights-
of-way located at 1200 Kent Lane.
WHEREAS, City Council is authorized pursuant to §§ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
authorize a temporary encroachments upon the City's right-of-way
subject to such terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as
amended Charles P. Fletcher and Juanita U. Fletcher their heirs,
assigns and successors in title is authorized to construct and
maintain a temporary encroachment for a split rail fencing,
underground water sprinkling system, and landscaping in the City's
right-of-way as shown on the map entitled: "ENCROACHMENT REQUESTED
BY DR. CHARLES P. AND JUANITA U. FLETCHER INTO CITY RIGHT-OF-WAY AT
1200 KENT LANE," a copy of which is on file in the Department of
Public Works and to which reference is made for a more particular
description; and
BE IT FURTHER ORDAINED, that the temporary encroachments
are expressly subject to those terms, conditions and criteria
contained in the Agreement between the City of Virginia Beach and
Charles P. Fletcher and Juanita U. Fletcher, (the "Agreement")
which is attached hereto and incorporated by reference; and
BE IT FURTHER ORDAINED that the City Manager or his
authorized designee is hereby authorized to execute the Agreement.
36
37
38
39
40
41
BE IT FURTHER ORDAINED, that this Ordinance shall not be
in effect until such time as Charles P. Fletcher and Juanita U.
Fletcher and the City Manager or his authorized designee execute
the Agreement.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 26th day of February , 2002.
42
43
44
45
CA- #
gsalmons / f 1 et chef/ord
R-1
PREPARED 01.16.02
.~~,~//~/~sROVED AS TO CONTENTS
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND~.FORM
CITY ATTORNEY
· ",---To Mill Dom Rd.
/
~ /
'"'"'.,, ~ ./
/ ~ /
,.
LOCATION MAP
SCALE : 1" = 1,600'
L,
--LOCATION
LOCATION
!
MAP SHOWING
ENCROACHMENT REQUESTED BY
DR. CHARLES P. AND JUANITA U. FLETCHER
INTOCITY RIGHI-OF-WAY AT
1200 KENT LANE
SCALE: 1" = 100'
PREPARED BY P/W ENG. DRAFT. 05-DEC-2001
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58 1-81 l(a)(3)
AND 58 1-811(c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this ~ day of ~t{/I,(j0l, lrO, ,200,,3., , by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City",
and CHARLES P. FLETCHER AND JUANITA U. FLETCHER, husband and wife, THEIR
HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one.
WITNESSETH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land
designated and described as" # 1200 SITE -30 (1.7 ACRES)" as shown on "EXHIBIT "A"
SHOWING # 1200 KENT LANE, SITE-30 FOR CHARLES P. FLETCHER & JUANITA U.
FLETCHER, VIRGINIA BEACH, VA., DECEMBER 28, 2001, SCALE. 1"=30', JN: 201-
2338"on file with the Office of Real Estate, Department of Pubhc Works, City of Virginia Beach
and being further designated and described as 1200 Kent Lane, Virgima Beach, V~rginia 23454;
and
That, WHEREAS, it is proposed by the Grantee to construct and maintain split rail
fencing, underground water sprinkhng system, and landscaping, "Temporary Encroachment",
in the City of Virginia Beach; and
WHEREAS, ~n constructing and mmntaimng the Temporary Encroachment, it ~s
necessary that the Grantee encroach into that portion of an existing City right of way known as
GPIN 2408-97-2588-0000
Kent Lane "The Temporary Encroachment Area"; and the Grantee has requested that the City
permit a Temporary Encroachment within The Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in
hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee
perm~sslon to use The Encroachment Area for the purpose of constructing and maintaining the
Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia and
the C~ty of Virginia Beach, and in accordance with the City's specifications and approval and ~s
more particularly described as follows, to wit:
A Temporary Encroachment into The Encroachment Area as shown
on that certain plat entitled: "EXHIBIT "A" SHOWING # 1200
KENT LANE SITE-30 FOR CHARLES P. FLETCHER & JUANITA
U. FLETCHER VIRGINIA BEACH, VA. DECEMBER 28, 2001
SCALE: 1"=30' JN:201-2338," a copy ofwhmh ~s attached hereto as
EXHIBIT "A'"' and to which reference is made for a more particular
description.
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30)
days after the notice is g~ven, 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 tndemnify and
hold harmless the City, its agents and employees, from and agmnst all claims, damages, losses
and expenses including reasonable attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the
Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain and keep
force all-risk property Insurance and general liability or such insurance as is deemed necessary
by the City, and all insurance policies must name the City as additional named insured or loss
payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance
in an amount not less than $500,000.00, combined single limits of such insurance policy or
policies. The Grantee will provide endorsements providing at least thirty (30) days written notice
to the City prior to the cancellation or termination of, or material change to, any of the insurance
policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with
relation to the Temporary Encroachment.
It is further expressly understood and agreed that the 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 eqmvalent of what would be the real property tax upon the land so occupied if ~t were owned
bythe Grantee; and if such removal shall not be made w~th~n the t~me ordered hereinabove by this
Agreement, the C~ty may impose a penalty in the sum of One Hundred Dollars ($100.00) per day
for each and every day that the Temporary Encroachment is allowed to continue thereafter, and
may collect such compensation and penalties in any manner provided by law for the collection
of local or state taxes.
IN WITNESS WHEREOF, Charles P. Fletcher and Juanita U. Fletcher, the said
Grantee has caused this Agreement to be executed by their signature and seal duly affixed.
Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and
on ~ts behalf by ~ts City Manager and its seal be hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the Clty Manager
(SEAL)
ATTEST:
City Clerk
Jaqamta U. Fletcher
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of__
,20 .,by
., CITY MANAGER/AUTHORIZED DESIGNEE
OF THE CITY MANAGER.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-w~t:
The foregoxng instrument was acknowledged before me this
day of~
,20 , by RUTH HODGES SMITH, C~ty Clerk for the CITY OF VIRGINIA BEACH.
My Commission Expires:
Notary Pubhc
CITY/COUNTY 0F~.?k .~~ C ~- , to-wit:
The foregoing ~nstmment was acknowledged before me this
(~_ ,~. ,20U2-~y Charles P. Fletcher
i~day of__
My Commission Expxres:
'--~ Notary Pubhc
STATE OF,--~
CITY/COUN'~Y OF,~. ~9.f).C0~_ , to-w,t:
The foregoing instrument was acknowledged before me th~s i ~ day of~
14~~ · , 20~y Juanlta U. Fletcher.
My Commission Expires:
Notary Pu~ohc
APPROVED AS TO
LEGAL SUFFICIENCY
CITY ATTORNEY
APPROVED AS TO CONTENT
C.
~J~TY REAL ESTATE AGENT
/ 200
VA
POWER
POLE
SITE-29
~2'- 4' Cbt-
,20
POLE
wi
O~D
CITY
WA TER
POWER
POLE
REMAINDER OF
SI?E-J1
48" ,gP..L./? RAIL FENCE
-- O0 /NS/DE,~
' SHRUB
J' SHRUB
5' SHRUB
EX' 30" OAK
'SHRUB
'SHRUB
WA TER
SPRINK/ ER
,, STONE
48 SPLIT PLANTER
RAIL
30 0 30
BOX WA 7ER
SPRINKL ER ~
o-.~.~. ,,~ --EDGE OF ~
·
60 90 Feet
I I
REV. DECEMBER 28, 2001
F B./PG.' 764/21-27
W.P. LARGIE, Inc.
ENGINEERING · SURVEYING
· PLANNING ·
LANDSCAPE ARCHITECTURE
P.,4S MUSTANG TRAIL - SUITE 8
VIRGINIA BEACH, VlGINIA
PH. (('~) 431-1041
463-1412
EXHIBIT "A"
SHOWING
# 1200 KENT LANE
SITE--30
FOI~
CHARLES P. FLETCHER & JUANITA U. FLETCHER
VII~GINIA BEACH, VA.
DECEMBER 28, 20011 SCALE: 1"=30' [ JN: 201-2338
1200 Kent Lane
Encroachment Request
1200 Kent Lane entrance with encroachment
1200 Kent Lane encroachment (North side)
1200 Kent Lane
Encroachment Request
1200 and 1201 Kent Lane with similar encroachments
Other Kent Lane encroachments
Item V-l. 6d.
- 36-
ORDINANCES/RES OL UTION
ITEM # 49343
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED
Ordtnance re temporary encroachments tnto the Ctty's rtght-of-wa~;
Encroachment tnto the utthty and dratnage easement wtthtn Lake
Trashmore (approved by the Ctty tn 1981) and a portton of Ctty-
owned property by JANET L ROWLANDS re matntatntng an
extsttng tn-ground pool, related concrete pool deck and spht ratl
fence at 4033 West Colomal Parkway (ROSE HALL - DISTRICT
3)
The followtng condtttons shall be requtred
The encroachment wtll be matntatned tn accordance wtth the
laws of the Commonwealth of Vtrgtnta and the Ctty of Vtrgmta
Beach, and tn accordance wtth the City's spectficattons and
approval
The encroachment shah termtnate upon nottce by the Ctty to the
Grantee, and that wtthm thtrty (30) days after such nottce ts
gtven, the encroachment must be removed from the encroachment
area by the Grantee, and that the Grantee wtll bear all costs and
expenses of such removal
The Grantee shall tndemntfy and hold harmless the 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 artsmg out of the
location or existence of the encroachment
Nothtng heretn contatned shall be construed to enlarge such
permtsston and authortty to permtt the mamtenance or
constructton of any encroachment other than that spectfied
hereto and to the hmtted extent spectfied herein, nor to permtt
the matntenance and constructton of any encroachment by
anyone other than the Grantee
5 The Grantee agrees to matntatn the encroachment so as not to
become unstghtly or a hazard
The Grantee must obtatn and keep tn force all-rtskproperty
tnsurance and general Itabtltty tnsurance, or such tnsurance as
ts deemed necessary by the Ctty, and all tnsurance pohctes must
name the Ctty as addtttonal named insured or loss payee, as
apphcable The Grantee also agrees to carry comprehenstve
general habthty tnsurance tn an amount not less than $500,000,
combined stngle hmtts of such tnsurance pohcy orpohctes The
Grantee wtll provtde endorsements provtdtng at least thtrty (30)
days wrttten nottce to the Ctty prtor to the cancellatton or
termtnatton of, or matertal change to, any of the tnsurance
pohctes The Grantee assumes all responstbthttes and habthttes,
vested or conttngent, wtth relatton to the encroachment The
Grantee must obtatn a permtt from the Development Servzces
Center of the Planntng Department prtor to commenctng any
constructton wtthtn the encroachment area
7 The encroachment must conform to the mtmmum setback
requtrements as estabhshed by the Ctty
February 26 2002
Item V-I. 6d.
-37-
ORDINANCES/RESOLUTION ITEM # 49343 (Continued)
The Grantee must submtt for revtew and approval a survey of
the encroachment area, certtfied by a regtstered professtonal
engtneer or a hcensed land survey, and/or "as butlt "plans of the
encroachment sealed by a regtstered professtonal engmeer, tf
requtred by etther the Ctty Engmeer's Office or the Engtneermg
Dtvts~on of the Pubhc Utthttes Department
The Ctty, upon revocatton of such authortty and permtsston so
granted, may remove the 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 encroachment and, tf 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 ($100) per day for each and every day that
the encroachment rs allowed to conttnue thereafter, and may
collect such compensatton and penalttes tn any manner provtded
by law for the collectton of local or state taxes
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, Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham
D Sessoms, Jr and Rosemary Wtlson
Counctl Members gottng Nay
None
Counctl Members Absent
None
February 26 2002
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS
INTO A PORTION OF A CITY 5'
UTILITY AND DRAINAGE EASEMENT
AND A PORTION OF CITY PROPERTY
BY JANET L. ROWLANDS, HER
HEIRS, ASSIGNS AND SUCCESSORS
IN TITLE
10
WHEREAS, Janet L. Rowlands, desires to maintain an existing in-ground pool,
related concrete pool deck and split rail fence located within a portion of the City's 5' utility
and drainage easement which crosses the rear porfon of her property located at 4033 W.
Colonial Parkway, Virginia Beach, Virginia 23452-2215 and also located within a portion
of the City property adjacent to her property.
15
WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
2107, Code of Virginia, 1950, as amended, to authorize atemporary encroachments upon the
City's rights-of-way, easements and properties subject to such terms and conditions as
Council may prescribe.
3_9
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
20 OF VIRGINIA BEACH, VIRGINIA:
21
That pursuant to the authority and to the extent thereof contained in §§ 15.2-
22 2009 and 15.2-2107, Code of Virginia, 1950, as amended Janet L. Rowlands, her heirs,
2 3 assigns and successors m title is authorized to maintain a temporary encroachment for an
2 4 existing in-ground pool, related concrete pool deck and split rail fence located within the
2 5 City's 5' utility and drainage easement which crosses the rear portion of her property located
26 at 4033 W. Colonial Parkway, Virginia Beach, Virginia 23452-2215 and also located within
2 7 a portion of the City property adjacent to her property herein described as shown on the map
28 entitled: "PHYSICAL SURVEY OF LOT 11, BLOCK 1, SUBDIVISION OF WlNDSORWOODS,
29 SECTION EIGHT-PART TWO · VIRGINIA BEACH, VIRGINIA · FOR. MELODY A
30 LUBICH," a copy of which is on file in the Department of Public Works and to which
31 reference is made for a more particular description; and
32
BE IT FURTHER ORDAINED, that the temporary encroachments are
33 expressly subject to those terms, conditions and criteria contained in the Agreement between
the City of Virginia Beach and Janet L. Rowlands, (the "Agreement") which is attached
hereto and incorporated by reference, and
36
BE IT FURTHER ORDAINED that the City Manager or his authorized
37 designee is hereby authorized to execute the Agreement.
38
BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
39 such time as Janet L. Rowlands and the City Manager or his authorized designee execute the
Agreement.
41
BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
42 such rune as Janet L. Rowlands has applied for a Variance to the rear yard setback
requirements and received approval by the Board of Zoning Appeals.
44
Adopted by the Council of the City of Virginia Beach, Virginia, on the 26 th
day of February , 2002.
--
46 CA-
4 7 PREPARED 01/07/02
API~k~OVED AS TO CONTENTS
SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
CITY ATTORNEY
SI E,
LOCATION MAP SCALE : 1" = 1,600'
LAKE
TRASHMORE
·
·
LOCATION
lee
MAP FOR
eee
eee
EXISTING ENCROACHMENTS
~.. INTO 5' UTILITY AND DRAINAGE
---~' EASEMENT AND CITY PROPER'~
~ (r'~~ , FOR ~ ~~~ ~'
/L---~ JANET L. ROWLANDS 2
~ SCALE. 1 -- 100
eee
CAI-lOON AGENDA. DGN /MJ.5. PREPARED BY PAN ENG. DRAFT. JAN. 2, 2002
THIS IS TO CERTIFY THAT I ON JUNE 19, 200! SURVEYED THE PROPERTY SHOWN
ON THIS PLAT AND THAT THE TITLE LINES AND THE WALLS OF THE BUILDINGS ARE SHOWN ON THIS PLAT
THE BUILDINGS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OF
OTHER BUILDINGS ON THE PROPERTY EXCEPT AS SHOWN.
NOTE
A 5 FOOT EASEMENT ('UNLESS GREATER WIDTH IS NO;ED)
SIGNED AL ONU AND ADJA££NT TO ALI ~IDF AND REAR LIN£$ 0£ AIL
LOTS WITHIN THIS SUBDIVISION HA5 BEEN DEDICATED TO THE
CITY OF VIRGINIA BEACH, VA FOR THE INSTALLATION AND/OR
MAINTENANCE OF UTILITIES AND DRAINAGE FAt.'ILtTI[5
1543
N57°23' I O"kY
N~ 7'2Z V O'e/
2~ 84'
uo
zrY
oL,-
Nr-1
c2 __m NAIL ~
oo°"~ ~Z-T~ i ~ ZONE2EI2'.,~
WOOD FENCE
IN-~ROUND
POOL
1.,o. 8'
r'-~ j
--
LOT 11,
1,1.2'
I~/~,lfl u ¥~v
NS7'2Z'IO"W
~ lZ 16'
FOUND
20.5'
ZONE "X SHADED"
I STY BR. 8r FR.
ZONE "X"
ZONE "X SHADED"
~,~ 4a
PIN ~ ~ ~
..... ?0~-" AE" -FOUND -~ .....
PIN S57'25'10"E 46. 64' R=/50. 00'
FOUND L =25. 02'
IYES T COL ONIA L PA tTKWA Y
(5~ '
PHYSICAL SURVEY
OF
BLOCK 1,SUBDIVISION OF ~/IND£O~ kVOODS,
VIRGINIA BEACH, VIRGINIA
FOR
IdEL OD Y ,4. L UBICH
PIN
FOUND - - _.
?0
..qTORM DRAIN PIPE
AL ONG I~
SEC T/ON EIOH T- ?~ R T TkVO
NO TES
l,) THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT
OF A TITLE REPORT AND MAY NOT SHOW ANY / ALL
EASEMENTS OR RESTRICTIONS THAT MAY AFFECT SAID
PROPERTY AS SHOWN
2) LEE S ROOD, P C IS NOT A PARTY IN DETERMINING
THE REQUIREMENTS FOR FLOOD INSURANCE ON THE
PROPERTY SHOWN HEREON
THIS SURVEY DOES NOT IMPLY THAT THIS PROPERTY
WILL OR WILL NOT BE SUBJECT TO FLOODING FOR
FURTHER INFORMATION, CONTACT THE lOCAL
COMMUNITY FLOOD OFFIClA£
ELEVATIONS SHOWN HEREON REFER TO N ~ VD
OF I929
sc~z[.I"=20' I DATE. G,/Ig,/Ol
i ii I I
LEE S. ROOD, P.C.
Z a nd ~curv eyors
5737 BARTEE STREET
NORFOLK, VlROINIA 23502
Ph. (757) 466-1111
REFERENCe..
VA. [?EACH t4.[?.76
NOTE'
AS SHOWN ON THE FLO0~ INSURANC£ RATE
MAP, THIS PROPERTY APPEARS TO FALL IN'
FLOOD ZONE (si AE ~ X SHAOEO ~ X
COMMUNITY NO 515531
PANCL NO 2RE ~AFm. 12~5~
BASE FLOOD ELEVATION --
P~. 12 l r~ T-44 ~
8. O
zees0sg; JCL-3a-01
_
I[ 3165 !"1 q PG 08 I I
. ,
~Z~ AGRE~HT~ made [hie ~ day of
~[ 1~8~ by and between the CITY O, V~NIA .,AC~, VIRginIA.
ROUNDS, 4033 W. Colonial ~az~ay, ~rt~ o~ the se~o~ ~acC.
~A~ 7
W I T N E S S E T Bt
That, WBEREAS, it is prot~osed by t~e party of the second
part ~o construct and maintain a bulkhead' and pier on h£s
property loeate~ at 4033 W. Oolonla[ Parkway in the City of
Virginia Beach; and
· WHER~A~, in constructing and maintaining such bolkh~ad
ar~ plat, ~% is necessary that the said pa~y of the
encroach into a portion cE an exiatlflg C~ty drainage easement=
and sat~ patty of the second part has requested that the party of
the fir=t part grant a license to encroach to facilitate such
bulkhead and pier within a 9oct~on of the City's drainage
.
,
·
T~EREFORE, for and in consideratioa of the premises
and of t~e benefits accruing cc ~o aoc~ue ~ the party of =he
second par~ and for the further consideration of One Dollar
($1.00), in hand paid, Co the said party of khe E/cst part,
~fed~pt of whzch ia hereby acknowledge~, ~he par~y of the ~trst
part doth grant Co the party o~ the aeco~ pa~ a license ~o use
a portion of ~he City'~ drainage easemen~ for ~e purpose of
,
arco%ina, and main~ain~n~ .,,-h-... hu~kt.e~ a~ pzer.
It ia expressly un~ersto~ and agreed tha~ such
temporary encroachment will ~ erected ~ maintained xn
a¢cordance with =he City of Virginia Beach ~ub~xe Works
~partment's ~pecificaCio~ a~ approval a; to size, aligm~en~
and location ~d is ~re ~rtiuulacly ~escr~bed as follow~, to
'-Wi~, ..............
An area of encroachment into a D~rt'-on of
ube City's drainage easement a~ shown on
tha~ certain pla~ entitlea:
A~ ~I~R IN BOR~W P.tT AT MOU}~
T~SH~OR~." date4 Auaust 1, 198!,
referenue made a part hereo~ for .
~ar~lcula~
............. , zu~505q; JUL-IB-O1 ~:52P~; PAOE ~,'~I
-.
hece~n au~hortzea will be ~o= s ~ecm o~ Etna y~acs eommenc[nq
~icense' he:ein authorizes eha[~ tetmt'nete ~n notice by ~e Ct~y
within ninety {~0) Says a~er sv~ notice is gtven~ such
~empora:y e~croachmen~ shall be removed ~r~ the C[ty'~ drainage
easement' DY the pact7 of the se~n~ peel. ~e[= ngen~ or
~mp~oyeee~ a~ ~ha~ ~he pac~y-~f C~cnnd ~ac~ shall be~= a~- --
cOltS and ex.rises o~ ~uch re.va1.
le t~ ~ur:her expressly unders:o~ and a~=eed thai the
pa=:y of the second par~ shall %nd~ntfy a~ hold ha~less the
C~y o~ Virginia Beach. its agents and e~ployeee. [rom and
against all claims, damages, losses and ex.rises including
reasonable attorney's fees in case it shall ~ necessary to
or d~end ~n action arie~nq out of the location or exts~ence of
such te~ocary encroachmenc..
It is further expressly unders:~d and aqreed that
nothing herein contained shall ~ ~ns~ru~ to enlarge such
permiis[on a~ au~hority to pe~it the ~[nhen~ce ~
~necruc:Lon of ~y enccoac~en: ocher th~ kha2 specified herein
and to the limited extent specifie~ hecei~, nor to pe~it the
maintenan~ a~ consCructfon of any encroachment by anyo~ other
I~ is further ex~essly undersold ~d ~qreed ~ha: the
party of the Eiret pa~:~ u~n revocatt~ o~ such authority and
per~ission so granted, may remove any such encroachment and
- _.
toltec: the cost t~ any ~annet' p:ovt&ed by 2ay Eot the ~[lectton
of local or scare taxes: may require the party of the second part;
to remove such tem~ra=y encroachment; a~ ~ndinq =uch removal,
Lhc ~artT of the f~r== ~a:t may charge the ~arty of the
plrC c~pen~aeion for the us= of s~ch ~Ort[on O~ the easement
on~r~ached upon the equivalen~ of what ~uld be the real property
the secon~ pa=t; ~n~ ~ such ~mov~l sh~ll no= be made within the
c~me ~rdered heceina~ve by this Aqream~t, the City shall im~e
a Denelt~ in the ~ ~f Oni ffundre~ ~c~lare ($~O0.OO] per ~ for
e~ch and every day t~ac such encroec~ent fa allo~ to continue
thereafter, a~ ehal~ collect ~uch ~nsation and penaltiee in
any manner p~ovfded by law ~0r the ~llectlon of loca~ oc stste
taxes,
ZN TI)STZMONY W'~Z:RI~OF, the party of the ~%rst pact has
~use8 thi~ instr~e~t Co be execubed ~y ~t~...~&~ Manager an.~.~.
atteste~ by its City Clerk, a~ as o~ ~he 8ay, m~th ~4 year
first above ~itten.
CI~ O~ V~I~IA BE~CH
, ':?w.' ',
. -: ...~;;:. ~' ~ ~,.
~ S~ABLv' ' .~'/...
' ~~;"- '-'x 'FJ~ '"- ~ '
. .-,~ .,-p~:. ~....
'.~, %, ,~ /_ '~ ~ ' ,
' . . ~,~ ~'
._ .,~.[~,~, . . ..
. C'', ."'
,
S~AT~ 9r VIRGINIA
CiTY OF VIRGINIA BEACS, t~wit:
Public in and for the Ci~y ~nd State a~dcesaid, do hereby certify
that G~ORG~ ~. HANBUay, City Manager, and R~ HO~ES $MITR, City
Clerk, for the CI~'OF VIRGINIA B~ACS, whose names az such are
,
' . '"'. GIVE)l under my hand thiz ~ day of ~~ ,
..' } ONotar~ Publzc
... . ~
" "'.' My C~ias~on Zxptres:.//iJT-~
STAT~ OF VIrGINiA
X, _ . a
Public In an~ ~or the City and Statl aforesaid, dO hereby ce~tlfy
that JAN~ ~~DS~ whos~ ~e fs ai~n~ ~ the ~ogegof~
~reement, has acknowledged the same be~o=e me in ~ C~ty and
G ZV~ under my hand thi, ~~day o, ~.
1981, ... ,,
:.,".'.
'
Co~t~ni~fl ~pzrel: .-.
· ;~,; d i ,..
.illd '~ k ' Il
.
10/19/8
(19Bi
APP~VED AS 1'0 FOP,.M
C~TY ATTORNEY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58 1-81 l(aX3)
AND 58 1-811(cX4) RE MBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this [ / r~ day of ~'c.a',vtg~-A' , 20 O l , by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City",
and JANET L. ROWLANDS, single, HER HE[RS, ASSIGNS AND SUCCESSORS IN TITLE,
WITNESSETH
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land
designated and described as "Lot 11, Block 1, Subdivision of Windsor Woods, Section 8, part 2"
and being further designated and described as 4033 W Colonial Parkway, Virginia Beach, Virginia
, 23452-2215; and
That, WHEREAS, ~t is proposed by the Grantee to maintain an existing in-ground pool,
related concrete pool deck and split rail fence, '`Temporary Encroachment", in the City of Virginia
Beach, and
WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the
Grantee encroach into a portion of the City's 5' utility and drainage easement which crosses the rear
portion of the Grantee's property and to encroach into a portion of the City property adjacent to the
Grantee's property, "The Temporary Encroachment Area", and the Grantee has requested that the
City allow the Temporary Encroachment to remain within The Encroachment Area
GPIN 1487-00-8463
NOW, THEREFORE, for and in cons~derauon of the prermses 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 C~ty doth grant to the Grantee
permission to use The Encroachment Area for the purpose of maintaining the Temporary
Encroachment
It is expressly understood and agreed that the Temporary Encroachment will be
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
"PHYSICAL SURVEY OF LOT 11, BLOCK 1,
SUBDIVISION OF WINDSOR WOODS, SECTION
EIGHT-PART TWO · VIRGINIA BEACH,
VIRGINIA. FOR- MELODY A LUBICH," a copy
of wluch is attached hereto as Exhibit "A" and to
wtuch reference is made for a more particular
description
It is further expressly understood and agreed that the Temporary Encroachment here~n
authorized terminates upon notice by the City to the Grantee, and that wittun flurty (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 ~ndemnify and hold
harmless the City, its agents and employees, from and agmnst all claims, damages, losses and
expenses including reasonable attorney's fees m 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 notknng hereto contained shall be
construed to enlarge the permission and authority to permit the maintenance or construction of any
encroachment other than that specified herein and to the limited extent specified herein, nor to permit
the maintenance and construction of any encroachment by anyone other than the Grantee
It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard
It is further expressly understood and agreed that the Grantee must obtain and keep
in force all-risk property insurance and general liability or such ~nsurance as ~s 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 liabihty insurance in an
amount not less than $500,000 00, combined single limits of such insurance policy or policies The
Grantee will provide endorsements providing at least tturty (30) days written notme to the City prior
to the cancellation or tenmnation of, or material change to, any of the insurance pohcles. The
Grantee assumes all responsibilities and Iiabilit~es, vested or contingent, w~th 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 licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a
registered professional engineer, if required by either the City Engineer's Office or the Engineering
Division of the Public Utilities Department
It ~s further expressly understood and agreed that the City, upon revocanon of such
authority and permission so granted, may remove the Temporary Encroachment and charge the cost
thereof to the Grantee, and collect the cost tn 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 wittun the time ordered hereinabove by this Agreement, the City
may impose a penalty ~n the sum of One Hundred Dollars ($100.00) per day for each and every day
that the Temporary Encroachment is allowed to continue thereafter, and may collect such
compensation and penalties in any manner provided by law for the collection of local or state taxes
IN WITNESS WHEREOF, JANET L ROWLANDS, the said Grantee has caused this
Agreement to be executed by her signature and seal duly affixed Further, that the City of Virginia
Beach has caused this Agreement to be executed in its name and on ~ts behalf by its City Manager
and its seal be hereunto affixed and attested by its City Clerk
CITY OF VIRG~A BEACH
By
City Manager/Authorized
Designee of the Ctty Manager
(SEAL)
ATTEST
City Clerk
jANET L ROWLANDS
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
,, , 20_ , by
., CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Pubhc
My Commission Expires
STATE OF VI~GINIA
CITY OF VIRGINIA BEACH, to-wit
The foregoing instrument was acknowledged before me this
day of
,20 ., by RUTH HODGES SMITH, C~ty Clerk for the CITY OF VIRGINIA
'BEACH
Notary Public
My Commission Expires'
t
STATE OF I ~ j?)
CITY/COUNTY OF
, to-wlt
The foregmng instrument was acknowledged before me tlus
,20 d/, by JANET L ROWLANDS
My Commission Expires
Notary Pubhc
day of
APPROVED AS TO
CITY ATTORNEY
APPROVED AS TO CONTENT
~I'TY REAL E$'~ATE AGENT
SIGNED
1543 /DI
THIS IS TO CERTIFY THAT I ON JUNE /9, 200/ SURVEYED THE PROPERTY SHOWN
ON THIS PLAT AND THAT THE TITLE LINES AND THE WALLS OF THE BUILDINO$ ARE SHOWN ON THIS PLAT
THE BUILDING5 STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OF
OTHER BUILDINGS ON THE PROPERTY EXCEPT AS SHOWN.
NOTE
A 5 FOOT EASEMENT (UNLE55 ~REATER ~IDTH 4 NOIFD)
A/ON~ AND A~IAC~N7 TO ~il ~IP/ AND R/AR LINf ~ (V ~/L
LOTS ~ITHIN Th?S 5U~D41310N MA: ~TEEN D~DICA7~O
CI~ OF ~'ROINIA ~FAL'M ~ FOR THE IN3IALL AT/ON
MAINTENANCE 0:UilL~UE3 AND DNAINA:E
SU
r'~ j
o ~
--
/2
\
6' ~YOOD FENCE
O<
NAIL, N57°23, 10"kV ,~,vx '~
?/N
SET 2G. 12' ~ N5725'IO"W .P' [OUNO
ZONE "AE' o. 2~a4'
LOT 1/, BLOCK
IN-GROUND
POOL
StIED
I lqO'l
N5 7'25 ' I O " HI
17 16'
ZONE "X SHADED"
IY 8' 20 5'
?0
I STY. BR & £R
/4055
ZONE "X"
~--~ 445'
~ CONC
ZONE "X SHADED"
..... ~ '~AE" round
PIN 557'25'10"E 46. G 4 ' R= 150. 00'
FOUNO L--25 02'
WEST COL ONIA L PARKWAY
(~' R/~)
PHYSICAL SURVEY
OF
1, SUBDIVISION OF W/ND£OR WOODS,
VIRGINIA BEACH, VIROINIA
FOR
tHEL OD Y A. L UBICH
9'
STORM ORAIN mk't
Al ONO ~
SEC T/ON EIGHT- PA £ T TWO
NOTES
I) THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT
Of A TITLE REPORT AND MAY NOT SHOW ANY / ALL
EASEMENTS OR RESTRICTIONS THAT MAY AFFECT SAID
PROPERTY AS SHOWN
2) LEE S ROOD, P C IS NOT A PARTY IN DETERMINING
THE REQUIREMENTS FOR FLOOD INSURANCE ON THE
PROPERTY SHOWN HEREON
LEE S. ROOD, P.C.
Larval S~zrveg/ors
NOTE
AS SHOWN ON THE FLOOD INSURANCE RATE
MAP, THIS PROPERTY APPEARS TO FALL IN
FLOOD ZONE IS) AE d( X 5HADEO h X
THIS SURVEY DOES NOT IMPLY THAT THIS PROPERTY
WILL OR WILL NOT BE SUBJECT TO FLOODING FOR
FURTHER INFORMATION. CONTACT THE LOCAL
COMMUNITY FL ODD OFFICIAL
5,) ELEVATIONS SHOWN HEREON REFER TO N G VD
OF I929
SCALE 1"--20' I DAXE
i ii i i
5737 BARTEE STREET
NORFOLK, VIRGINIA 23502
Ph. (757) 466-1111
COMMUNITY NO 515551
PANEL NO 2.,°E DATED. 12/5./9__6__
BASE FLOOD ELEVATION = ~, 0
REFERENCE
V,4. DEACH M ~.76, PO 12
ill i
55, G 5-0
OHARLE8 D. NOTTINBHAM
~OMMI~$1ONEFI
COMMONWEALTH o[ VIR( INIA
OF..PAFIIMENT OF 'TRANSPORTATION
P. O, BOX 1~i66
CHESAPEAKE, VA 2.3327.1306
P. DENI~ ~IRII~O& PJF.
RESIDENT ENGIMi~R
October 11, 2001
Ms. Janet Rowlands
4033 West Colonial Paxkway
Virginia B~twh, Virginia 23452
Dear Ms, Rowlands:
I have compl~ed a search eon,mining th, property noted as belonging to the Virgins
Departmmt of Highways on thc attached property plat prepared by Lee S. Rood, P.C.,
Land Surveyors, dated December 5, 1996.
My scax~h included the land records of the Cities of Virg?a Beach and Norfolk.
Ewrything that was found/ndicated the subject property is owned by thc City of Virginia
Beach. I found no reference to this property being proffered to the Department for future
public right of way, if in fact, that is what the original owners had intended.
I therefore recommend that you approach the City of Virginia Beach to obtain permission
to us~ the property. If qu~tions arise, please contact me.
Sincerely, L
Resident Engineer
~c- Mr. Donald Bennis
Mr. William David Timb~lakc
4033 W. Colonial Parkway
!
Pool and Fence looking West
Pool and Fence looking South
City of Virginia [3each
LOUIS R JONES PHONE (757) 583-0177
COUNCILMAN - DISTRICT 4 - BAYSIDE FAX (757) 426-5669
February 26, 2002
Mrs. Ruth Hodges Smith, MMC
City Clerk
Mumclpal Cente[
Virginia Beach, Virginia 23456
Dear Mrs. Smith.
Re Abstention Pursuant to Sect]on 2 2-3115(E), Code of Virginia
Pursuant to the V]rgima Conflict of Interests Act, Sect]on 2 2-3115(E), Code of Virginia, I
make the following declaration:
I am executing this written disclosure regarding City Council's discussion and vote
on the ordinance regarding parking spaces at the Town Center
,
The nature of my personal interest is that ! have an ownership interest in Resource
Bank which exceeds three percent of its total equity Resource Bank has entered into
a participation agreement with Monarch Bank for a line of credit to Armada Hoffler
Properties It is likely that Armada Hoffler Properties will manage the Town Center
for the project's developer, Town Center Associates Also, Resource Bank is in
negotiations to lease a new building at the Town Center, and the bank would use a
portion of the parking spaces which are the subject of the ordinance
I wish to disclose this interest and abstain from participating in consideration of the
ordinance regarding parking spaces at the Town Center
1008 WITCH POINT '[RAIL, VIRGINIA BEACH, VA 23455-5645
Mrs. Ruth Hodges Smith -2- February 26, 2002
Re: Abstention Pursuant to Section 2 2-3115(E), Code of Vlrglma
Accordingly, I respectfully request that you record this declaration in the official records of
City Council. I have enclosed an opinion letter from the City Attorney's Office, which addresses this
same matter.
Thank you for your assistance in this matter.
Sincerely,
Louis R Jo
Councdmember
LRJ/RRI
Enclosure
Item V-I. 7.
- 38-
ORDINANCES/RES OL UTION
ITEM # 49344
Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED:
Resolutton re TIDEWATER REGION~IL GROUP HOME
COMMISSION'S plan to apply for Juvenile Community Crime Control
Act (VJCCC,,t) funding on a Commtsston-wtde basts mstead of an
tndtvtdual locahty basts, and, dtrecttng the City Manager to parttctpate tn
the development of thts regtonal Plan wtth the Commtsston conttnutng as
the fiscal agent for all operattons of the Home
Vottng
11- 0 (By ConsenO
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, dr,
Barbara M Henley, Louts R clones, Reba S McClanan, Robert C
Mandtgo, dr, Meyera E Oberndorf Nancy K Parker, Vice Mayor Wdham
D Sessoms, dr and Rosemary Wdson
Councd Members Vottng Nay
None
Councd Members Absent
None
February 26 2002
A RESOLUTION APPROVING THE TIDEWATER
REGIONAL GROUP HOME COMMISSION'S
PLAN TO APPLY FOR JUVENILE COMMUNITY
CRIME CONTROL ACT FUNDING
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
WHEREAS, the General Assembly enacted the Virginia
Juvenile Community Crime Control Act ("VJCCCA") to establish
balanced, community based programs and services for juvenile
offenders;
WHEREAS, the City of Virginia Beach is a founding member
of the Tidewater Regional Group Home Commission ("Commission") a
regional entity created by Chesapeake, Franklin, Portsmouth,
Suffolk, Virginia Beach, Isle of Wight and Southampton, which was
established for the purpose of establishing and operating such
services on the behalf of its member localities; and
WHEREAS, the City Council of the City of Virginia Beach
desires that this system of services contmnue to operate
uninterrupted by participating in the VJCCCA planning process,
having the Commission submit a combined regional plan on behalf of
all of the Commisszon members to satisfy the requirements of
Virginia Code § 16.1-309.3, and directing that mts portion of the
VJCCCA funding be used to fund ~ts portion of the plan.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That the T~dewater Regional Group Home Commission is
authorized to submit, on behalf of the City of Virginia Beach, a
combined regional plan that will be prepared by the Tidewater
Regional Group Home Commission on the behalf of its member
localities.
2. That the City Manager, or his designee, is hereby
authorized and directed to participate in the development of the
above-referenced combined regional plan.
3. That the Tidewater Regional Group Home Commisszon
wmll continue to operate as the f~scal agent for these programs and
all funds awarded to the City of Virginia Beach under the Virginia
35
36
Juvenile Community Crime Control Act will continue to be used to
fund the programs included in the plans.
37
38
Adopted by the Council of the City of Virgznia
Beach, Virginia, on the 26th day of F~bruary , 2002.
CA-8390
ORDIN~NONCODE~VJCCCAres.wpd
R3
February 14, 2002
APPROVED AS TO CONTENT:
~anagement Services /
APPROVED AS TO LEGAL
SUFFICIENCY:
TIDEWATER REGIONAL
GROUP HOME COMMISSION
2404 Airline Boulevard, Portsmouth, Virginia 23701
Telephone: (757) 488-9161 · Fax: (757) 488-9652
January 10, 2002
Mr. James K. Spore, City Manager
City of Va. Beach
Municipal Center. Building 1
2401 Courthouse Drive
Va. Beach, Virginia 23456-9001
Deal Mr. Spore:
1 1 2002.
As you are aware, the Tidewater Regional Group Home Commission has been
administering your locality's VJCCCA plan since the legislation was enacted in 1995. One of
our responsibilities has been to file the biennial plan on Virginia Beach's behalf. We are writing
to request that, beginning with the FY2002-2004 plan, we be permitted to submit that plan on a
Commission wide basis instead of in an individual locality format. Operationally. this change
~vill make no differenc.e,, The structure and funding of your plan will remain the same It will
greatly simplify the,dev, el, op. men,t of our .pl,a~, s and the submission of reports to the state,
however ' ' "'
- ,. Il ~, ,~ r
· ~
There are several advantages to submitting out plans on a Commission wide basis:
It is a cornerstone of the Commission that all our member localities share access to the
programs we offer. Because of the format of the VJCCCA planning documents, each
time one of our programs is included in a locality's plan, it must be listed discrete
program for that locality. For example, all seven of our members have access to the
Regional Group Home. Therefore, it is included in all seven plans. Consequently,
Regional Group ltome ends up with seven different program identification numbers, with
thc ufil,_'zatiep tm get~ and hl~dget parceled out based on our guess as to which locality will
make referrals By converting to a Commission wide plan we would reduce the numbe~
of discrete program elements in our plans from 126 to 36!
Beginning with January 2002, the Depmlment of Ju'~enile Justice has converted to a new
monthly reporting format. Whereas, we have reported on a locality basis In the past.
requiring us to sort all of our data by se,,en localities, we nov,, must sort the information
according to program identification number. If we do,'t condense the number of
programs v~e are listed as operating, we will be required to sort our data into 126
categories. '
.
Another new tieature of the planning process this year is the requirement that each
program be justified with objective data demonstrating the need for that program in that
locality -
Cities of Chesapeake · Franklin · Portsmouth · Suffolk & %rginia Beach and Counties of Isle of W~ght & Southampton
Commission Wide Plan Request, January 10, 2002
As we pointed out in paragraph one, we are structured in such a way that each
participating locality has access to a menu of services. The locality pays for a service
only when it refers a child to that service. In all of our present plans we list services for a
particular locality just in case they have the need to use it in a given year. It would be
impossible to develop an objective demonstration of the need for a program that is listed
in a locality's plan on a contingency basis. Further doing a needs assessment that must
be structured as if one group home is seven different programs would be cumbersome
and only marginally connected to reality! If we submit on a Commission wide basis, we
can aggregate the needs data, and we can treat each program as one unit instead of seven.
When the VJCCCA was enacted in 1995 we were able to take the new process and
overlay it on the Commission's already functional system. As the program has matured,
however, it has followed the natural law of state funded, locally administered programs. The
reqmrements attached to the process by our partners in state government have grown steadily in
number and complexity. Our original adaptations are no longer adequate. In discussing this
problem with the court service unit directors, who are part of our planning team, the conversion
to a Commission wide plan appeared to be one way to deal with some of the new challenges.
This request, therefore, comes to you with their endorsement.
Before we can submit a Commission wide plan, we are required to obtain the consent of
each locality included in the plan. State policy dictates that the consent of the locality take the
form of a resolution adopted by the governing entity. I have adapted a resolution used by the
members of the Colonial Group Home Commission (Williamsburg, James City County, York
County, and Gloucester County) to convert their plans to a commission wide format. I offer it as
a form that has already passed state review. We are requesting your assistance in getting the
necessary resolution before your city council. The plans for FY 2002-2004 are due to the
Department of Juvenile Justice by April 1, 2002. It would help us immeasurably to know your
locality's preference as soon as possible, since if one locality opts for an individual plan, we may
have to switch back to the original planning process.
Should you need any additional information or clarification before responding to this
request, we would be happy to provide it in person or in writing. I have shared a copy of this
request ~;:'~',~., your ,,,,-..-~.,~°~li:'~'co Commission members Either would be ham~y., to provide .you with
background on the Commission.
We continue to appreciate your support and assistance.
Sincerely yours,
John C. Matish, Executive Director
CC:
Bruce Bright, Director Second District CSU and Va. Beach Commission Member
Jody Wagner, Commission Member, Va. Beach
- 39-
Item V-K.
ITEM # 49345
PLANNING
1. M & M CONTRA CTORS.
MODIFICATION OF CONDITIONS
(Approved 7/3/2001) CONDITIONAL
USE PERMIT
2. R. MATTHEW McGEE.
STREET CLOSURE
3. NEXTEL COMMUNICATIONS
CONDITIONAL USE PERMIT
4. WOODFIN HEA TING, INC.
CONDITIONAL USE PERMIT
5. BLUE HORSESHOE TA TTO0 TWO, LTD.
CONDITIONAL USE PERMIT
6. a. VOICE STREAM WIRELESS
b. JOSEPHINE PARKER
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
7. CITY ZONING ORDINANCE
a. AMEND 3q 203 re vehicular parking
requirements tn the B-3A Pembroke
Central Bustness Core Dtstrtct
b AMEND 3~ 902 re special setback
requirements for certatn lots wtthtn the B-3
Central Business Dtstmct
c Refer AMENDMENTS of 3~3~ 1502 and
1507, re maximum building height and
hotel density tn the RT-I Resort Tourist
District
February 26 2002
Item V-K.I.
- 40-
PLANNING
ITEM ii 49346
Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Councd APPROVED in ONE
MOTION Items 2, 3, 4 (DEFER), 5, 6, 7a (DEFER), 7b and 7c of the PLANNING BY CONSENT
AGENDA
Item 4 was DEFERRED, B Y CONSENT, unttl the Ctty Counctl Sesston of March 12, 2002
Item 7a was DEFERRED INDEFINITEL Y, B Y CONSENT
Vottng 1 I-O (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Mayor Oberndorf and Councd Lady McClanan voted a voted a VERBAL NA Yon Item K 5 (Blue Horseshoe
Tattoo Two, LTD)
Vtce Mayor Sessoms DISCLOSED and ABSTAINED, on Item 7a/b (Pembroke Central Bustness DtstrtcO
He ss an officer of Wachovta Bank whtch recently merged wtth Ftrst Unton Nattonal Bank Wachovta Bank
has provtded financtng for the Town Center project
Counctlman Harrtson DISCLOSED and ABSTAINED, as hts law firm provtdes legal servtces to Armada
Hoffler It ss hkely that Armada Hoffler Properttes, wtll manage the Town Center for the project 's developer,
Town Center Assoctates
Counctlman Jones DISCLOSED and ABSTAINED Pursuant to Sectton 2 2-3115(E), Code of Vtrgtnta on
Items 7a/b regardtngparktng spaces at Town Center He has an ownershtp tnterest tn Resource Bank, whtch
exceeds three percent of tts total equtty Resource Bank has entered tnto a parttctpatton agreement wtth
Monarch Bank for a hne of credtt to Armada Hoffler Properttes It ss hkely that Armada Hoffler Properttes,
wtll manage the Town Center for the project's developer, Town Center Assoctates Also, Resource Bank ts
tn negottattons to lease a new butldtng at the Town Center, and the bank would use a portton of th e parktng
spaces whtch are the subJect of thts Ordtnance Counctlman Jones' letter of February 26, 2002, ss hereby
made a part of the record
February 26 2002
Item V-K.I.
- 41 -
PLANNING
ITEM # 4934 7
Mtchael Perry, Planner, represented the apphcant and advtsed the buffer has been sattsfactortly addressed
Upon motton by Counctl Lady McClanan, seconded by Vtce Mayor Sessoms, Ctty Counctl MODIFIED, AS
CONDITIONED, the July 3, 2001, approved Condtttonal Use Permttfor a mtnt-warehouse/se!f-storage tn
behalf of M & M CONTRACTORS, INC.:
Ordtnance upon Apphcatton of M & M Contractors, Inc ,for a modtficatton
of condtttons placed on the Condtttonal Use Permtt for mtnt-warehouse/self-
storage facthty on July 3, 2001 Property ss located on the west stde of
South Lynnhaven Road, 400 feet more or less south of Lee Htghlands
Boulevard (GPIN #1496-27-1368) DISTRICT 3 - ROSE HALL
The followtng condtttons shall be requtred
All condtttons wtth the exceptton of Number 2 and Number 13
attached to the Condtttonal Use Permtt granted by the Ctty
Counctl on July 3, 2001 rematn tn affect
2 Conchtton Number 2 of the July 3, 2001 Condtttonal Use Permtt
ss deleted and replaced with the followmg
The archttectural destgn elements and extertor butldtng matertals
shall be substanttally tn conformance wtth those deptcted on the
elevatton entttled "Proposed Detatl Elevattons, Morton Realty
Property, Self Storage Facthty," prepared by Sampson and
Assoctates Archttects, P C, dated November 21, 2001
3 An office manager shall be on-stte durtng flextble hours of
operation wtth the site accesstble for customer use
Vottng I 1-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
February 26 2002
Item V-K. 2.
- 42 -
PLANNING
ITEM # 49348
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED an
Ordtnance upon apphcatton of R. MATTHEW McGEE for the dtsconttnuance, closure and abandonment
of a 15-_foot alley
Ordinance upon Apphcatton of R Matthew McGee for the dtsconttnuance,
closure and abandonment of a 15-foot alley located between Lot 8 and Lot
20, Block 20, Plat of Croatan Beach (654 South Atlanttc Avenue) Satd
parcel contatns 750 square feet (GPIN #2426-38-8957, #2426-39-9030)
DISTRICT 6- BEACH
The followtng condtttons shall be requtred
The Ctty Attorney's Office wtll make the final determtnatton
regardtng ownershtp of the underlymgfee Thepurchaseprtce to
be pard to the Ctty shall be determtned accordtng to the "Pohcy
Regardtng Purchase of Ctty 's Interest tn Streets Pursuant to Street
Closures," approved by City Counctl Coptes of the pohcy are
avatlable tn the Planntng Department
The apphcant ts required to resubdtvtde the property and vacate
tnternal lot hnes to tncorporate the closed area tnto the adjotntng
parcels Theplat must be submttted and approved for recordatton
prior to final street closure approval
The apphcant ts requtred to vertfy that no prtvate utthttes extst
within the right-of-way proposed for closure Prehmtnary
comments from the uttltty compantes tndtcate that there are no
prtvate utthttes wtthtn the rtght-of-way proposed for closure If
prtvate utthttes do exist, easements sattsfactory to the utthty
company must be provided
Closure of the rtght-of-way shall be conttngent upon comphance
with the above stated condtttons wtthtn 365 days of approval by
Ctty Counctl If the condtttons noted above are not accomphshed
and the final plat ts not approved wtthtn one year of the Ctty
Counctl vote to close the rtght-of-way, thts approval shall be
constdered null and votd
Votmg I 1-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham I4' Harrtson, dr,
Barbara M Henley, Louts R clones, Reba S McClanan, Robert C
Mandtgo, dr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, dr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
February 26 2002
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET KNOWN AS A 15-FOOT ALLEY AS SHOWN
ON THAT CERTAIN PLAT ENTITLED: PLAT SHOWING
PROPOSED CLOSURE OF 15FOOT ALLEY ADJACENT
TO LOTS 8 AND 20, BLOCK 20, CROATAN BEACH, MB
24, P.37, VIRGINIA BEACH, VIRGINIA
WHEREAS, on February 26, 2002, R. Matthew McGee applied to the Council of the
City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and
vacated; and
WHEREAS, it is the judgment of the Council that said street be discontinued, closed,
and vacated, subject to certain conditions having been met on or before February 25, 2003;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the
hereinafter described street be discontinued, closed and vacated, subject to certain conditions being
met on or before February 25, 2003:
ALL THAT certain lot, piece or parcel of land, situate, lying and
being in the City of Virginia Beach, Virginia, designated as
"PORTION OF 15' ALLEY TO BE CLOSED" as shown on that plat
entitled "PLAT SHOWING PROPOSED CLOSURE OF 15' ALLEY
ADJACENT TO LOTS 8 AND 20 BLOCK 20 CROATAN BEACH
MB 24 P. 37 VIRGINIA BEACH, VIRGINIA" dated 16 October,
2001, prepared by Gallup Surveyors & Engineers, LTD., a copy
attached hereto and marked as Exhibit "A", being more particularly
described as follows: Be~nning at a point where the southern lot
line of Lot 20, Block 20, as shown on the attached plat, intersects the
eastern line ofthe 15' alley, thence S 85° 45' 45" W 15'; thence N 04°
14' 15" W 50'; thence N 85° 45' 45"E 15'; thence S 04° 14'15" E 50'
to the point of beginning..
SECTION II
The following conditions must be met on or before February 25, 2003:
1. The City Attorney's Office will make the final determination regarding ownership
of the underlying fee. The purchase price to be paid to the City shall be determined according to the
GPIN: 2426-39-9030 and 2426-38-8957
"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by
City Council. Copies of said policy are available in the Planning Department.
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted and
approved for recordation prior to final street closure approval.
3. The applicant shall verify that no private utilities exist within the right-of-way
proposed for closure. Preliminary comments from the utility companies indicate that there' are no
private utilities within the right-of-way proposed for closure. If private utilities do exist, the
applicant shall provide easements satisfactory to the utility companies.
4. Closure of the right-of-way shall be contingent upon compliance with the above
stated conditions within 365 days of approval by City Council. If all conditions noted above are not
accomplished and the final plat is not approved within one year of the City Council vote to close the
roadway, this approval will be considered null and void.
SECTION III
1. If the preceding conditions are not fulfilled on or before February 25, 2003,
this Ordinance will be deemed null and void without further action by the City Council.
2. If all conditions are met on or before February 25, 2003, the date of final
closure is the date tile street closure ordinance is recorded by the City Attorney.
SECTION IV
3. A certified copy of this Ordinance shall be filed in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
VIRGINIA BEACH as "Grantor."
Adopted by the Council of the City of Virginia Beach, Virginia, on this 26th day of
February, 2002.
CA-8303
January 14, 2002
C \Docuracnts and Scttings~duke~l~ocal Settings\Temp\CA8303 I wpd
APPROVED AS TO LEGAL~CY:
City Attorney
Item V-K. 3.
- 43 -
PLANNING
ITEM # 49349
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED an
Ordtnance upon apphcatton of NEXTEL COMMUNICA TIONS for a Condtttonal Use Permtt for a wtreless
commumcattons antenna
ORDINANCE UPON APPLICATION OF NEXTEL COMMUNICATIONS
FOR A CONDITIONAL USE PERMIT FOR A WIRELESS
COMMUNICATIONS ANTENNA R0201
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton of Nextel Commumcattons for a Condtttonal
Use Permtt for a wtreless communtcattons antenna on certain property
located on property of Domtmon Vtrgtnta Power Substatton on the north
stde of Ansol Lane, west of Landmark Square (GPIN #149 7-23-5863) Satd
parcel contatns 994 square feet DISTRICT 3 - ROSE HALL
The followtng condtttons shall be requtred
The antenna addttton shall be constructed as shown on the stte
plan tttled, "Lynnhaven Co-Locate Domtnton Va Power Tower,"
by Clark Nexsen and dated 10/12/01 and exhtbtted to Ctty
Counctl
A vartance to the front yard setback shall be obtatned by the
Board of Zontng Appeals to place the equipment shelter where tt
ts shown on the exhtbtt stte plan referenced tn Condttton One If
a vartance ts not granted, the eqmpment shelter shall be relocated
to meet the requtred 35-foot front yard setback
Unless a watver ts obtatned from the Ctty of Vtrgtnta Beach
Department of Communtcattons and Informatton Technology
(COMIT), a radto frequency emtsstons study, (RF Study),
conducted by a quahfied engtneer hcensed to practice tn the
Commonwealth of Vtrgtnta, showtng that the tntended user(s) will
not tnterfere wtth any Ctty of Vtrgtnta Beach emergency
communtcattons facthttes, shall be provtded prtor to stte plan
approval for the ortgtnal tower user and all subsequent users
In the event tnterference wtth any Ctty emergency communtcattons
facthttes arises from the users of thts tower, the user(s) shall take
all measures reasonably necessary to correct and chromate the
mterference If the tnterference cannot be ehmtnated wtthtn a
reasonable trine, the user shall tmmedtately cease operatton to the
extent necessary to stop the mterference
In the event that the antenna ts not tn use for apertod of one year,
the owner shall remove the antenna and supporttng structures
from the stte
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Ordtnance
Adopted by the Counctl of the Ctty of Virginia Beach, Vtrgtnta, on the Twent¥-stxth of February,
Thousand Two
Two
February 26 2002
Item V-K. 3.
- 44-
PLANNING
ITEM # 49349 (Continued)
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr,
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 g/tlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
February 26 2002
Item V-K. 4.
- 45-
PLANNING
ITEM # 49350
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl DEFERRED UNTIL
CITY COUNCIL SESSION OF MARCH 12, 2002, the Ordtnance upon apphcatton of WOODFIN
HEA TING, INC., for a Condtttonal Use Permtt
ORDINANCE UPON APPLICA TION OF WOODFIN HEA TING, INC , FOR
A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE
STATION
Ordtnance upon Apphcatton ofWoodfin Heattng, Inc ,for a Con&ttonal Use
Permtt. for an automobile servtce statton on certatn property located on the
east side of First Colomal Road, 160feet more or less north of Vtrgmta
Beach Boulevard (GPIN #2407-86-4082) Satd parcel contams 41,817 6
square feet DISTRICT 6 - BEACH
Voting 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
February 26 2002
Item V-K. 5.
- 46-
PLANNING
ITEM # 49351
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Counctl ADOPTED an
Ordtnance upon apphcatton of BLUE HORSESHOE TATTOO TWO, LTD. for a Condtttonal Use Permtt
for a tattoo studto/body pterctng facthty
ORDINANCE UPON APPLICATION OF BLUE HORSESHOE TA TTO0
TWO, LTD, FOR A CONDITIONAL USE PERMIT FOR A TATTOO
S TUDIO/B OD Y PIER CING FA CILITY R 0 20231010
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton of Blue Horseshoe Tattoo Two, LTD, for a
Con&ttonal Use Permtt for a tattoo studto/body pterctng facthty at the
northwest tntersectton of London Brtdge Road and Bowland Parkway (GPIN
#1496-89-9764) Satd parcel ts located at 513 London Brtdge Road and
contatns 1 272 acres DISTRICT 6 - BEACH
The followtng con&ttons shall be reqmred
The Con&ttonal Use Permtt for a tattoo/bodypterctng
estabhshment ts approved for one (1) year The apphcant may
reapply for a Condtttonal Use Permtt pursuant to the provtstons
of the City Zomng Ordinance, and thts re-apphcatton may be
made before the termmatton of the one (1) year pertod
A bustness hcense shall not be tssued to the apphcant wtthout the
approval of the Health Department for conststency wtth the
provtstons of Chapter 23 of the Ctty Code
No stgnage more than four (4) square feet of the enttre glass area
of the extertor wall(s) shall be permttted on the wtndows There
shall be no other stgns, tncludtng neon stgns or neon accents
tnstalled on any wall area of the extertor of the butldtng, wtndows
and/or doors
The actual tattootng/body pterctng operatton on a customer shall
not be vtstble from any pubhc rtght-of-way adjacent to the
estabhshment
5 Thehoursofoperattonshallbe 10 OOa m to 10 OOp m, Monday
through Saturday, and 12 OO p m to 800p m on Sunday
6 Thefollowtng con&ttons shall be accomphshed before occupancy
of the butldtng and tssuance of the bustness hcense
The parktng area tn front of the masonry butldtng shall be re-
strtped to show twenty-two (22) parktng spaces, tncludtng one
handtcap parktng space
Category One screentng, accor&ng to the Landscaptng, Screentng
and Buffertng Spectficatton and Standards, shall be mstalled
along the edge of the parking lot curb, on both London Brtdge
Road and Bowland Parkway
Foundation screentng, accor&ng to the Stte Plan Ordtnance,
Sectton 5A, shall be tnstalled along the enttre length of the
butl&ng wall that ts parallel to Bowland Parkway The
foundatton screentng along the butldtng wall parallel to London
Bridge Road may be accomphshed with planters
7 The apphcant shall obtatn a certtficate of occupancy for the
change of use tn the butldtngfrom the Bmldtng Code Offictal
February 26 2002
Item V-K. 5.
PLANNING
-47-
ITEM # 49351 (Continued)
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 O0 of the Zonmg Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtma Beach, Vtrgmta, on the Twenty-stxth of Februa~_ ,
Thousand Two
Vottng 9-2 (By Consent)
Two
Counctl Members Vottng Aye
Ltnwood 0 Branch, IIL Margaret L Eure, Wtlham W Harrtson, dr,
Barbara M Henley, Louts R Jones, Robert C Mandtgo, Jr, Nancy K
Parker, Vtce Mayor Wtlham D Sessoms, dr and Rosemary Wtlson
Counctl Members Vottng Nay
Reba S McClanan and Mayor Meyera E Oberndorf
Counctl Members Absent
None
February 26 2002
Item V-K. 6. a.
- 48 -
PLANNING
ITEM # 49352
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED an
Ordtnance upon apphcatton of VOICE STREAM WIRELESS for a monopole commumcatton tower
ORDINANCE UPON APPLICA TION OF VOICE STREAM WIRELESS FOR
A CONDITIONAL USE PERMITFOR A MONOPOLE COMMUNICATION
TOWER RO 20231011
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton of Votce Stream Wtreless for a Condtttonal Use
Permit for a monopole commumcatton tower on the west stde of Central
Drtve, north of Quahty Court (GPIN #1496-67-8537) Satd parcel ts
located at 573 Central Drtve and contatns 2, 023 square feet of a 1 89 acre
stte DISTRICT 6 - BEACH
The followtng conchttons shall be requtred
The monopole communtcatton tower and assoctated facthttes shall
be constructed as deptcted on the submttted site plan entttled,
"Votce Stream Wtreless Condtttonal Use Progresstve Insurance,
VA 10335 F, 573 Central Drive, Vtrgtnta Beach, VA 23454",
dated 11/8/01 by MSA PC
2 The overall hetght of the commumcatton tower and any antennae
shall not exceed 125feet above ground level
Landscaptng shall be provtded tn the locattons deptcted on the
stte plan referenced above The types and stzes of shrubs and
trees shall be determtned durtng the detaded plan revtew process
The commumcatton tower shall be developed tn standard gray
color In the event that the Federal Avtatton Admtmstratton
(FAA) or other hcenstng enttty requtres that the tower be patnted,
the hetght of the tower shall be reduced to a level that wtll not
reqmre tt to be painted
Ltghttng of the tower shall conform to the standard hghttng
reqmrement outhned tn FAA gutdelmes for towers of 125feet tn
hetght or lower If, due to FAA or other state or federal
gutdehnes, modtfied hghttng ts requtred, the apphcant shall
reduce the hetght of the tower to that whtch ts permttted by the
FAA wtthout a strobe hghttng devtce
6 The apphcant shall work wtth the FAA and the U S Navy to
ensure that there ts no confltct wtth att navtgatton tn the area
7 Futurejotnt useforprtmary andsecondary tower users shall be
accommodated on thts tower at reasonable terms
In the event that the communtcatton tower ts not used for
accommodattng wtreless communtcatton antennae for a pertod of
one year, tt shall be removed at the tower owner's expense
Unless a watver ts obtatned from the Ctty of Vtrgtnta Beach
Department of Communtcattons and Informatton Technology
(COMIT), a radto frequency emtsstons study, (RF Study),
conducted by a quahfied engtneer hcensed to practtce tn the
Commonwealth of Vtrgtnta, showtng that the tntended user(s)wtll
not tnterfere wtth any Ctty of Vtrgtnta Beach emergency
communtcattons facthttes, shall be provtded prtor to stte plan
approval for the ortgtnal tower user and all subsequent users
February 26 2002
Item V-K. 6. a.
- 49-
PLANNING
ITEM # 49352 (Continued)
10
In the event tnterference wtth any Ctty emergency commumcaaons
facthttes artses from the users of thts tower the user(s) shall take
all measures reasonable necessary to correct and ehmtnate the
mterference If the interference cannot be ehmmated w~thm a
reasonable ttme, the user shall tmmedtately cease operatton to the
extent necessary to stop the mterference
Thts Ordmance shall be effecave tn accordance wtth Sectton 107 (f) of the Zoning Ordmance
Adopted by the Councd of the Ctty of Vtrgmta Beach, Vtrgmta, on the Twenty-s~xth of Februa~_ ,
Thousand Two
Two
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, dr and Rosemary Wdson
Councd Members Vottng Nay
None
Councd Members Absent
None
February 26 2002
Item V-K. 6. b.
- 50-
PLANNING
ITEM # 49353
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED
an Ordtnance upon apphcatton of JOSEPHINE PARKER for a bulk storage yard
ORDINANCE UPON APPLICATION OF JOSEPHINE PARKER FOR A
CONDITIONAL USE PERMIT FOR A BULK STORA GE YARD
RO 20231012
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton of Josephtne Parker for a Condtttonal Use
Permtt for a bulk storage yard on the west stde of Central Drtve, north of
Quahty Court (GPIN #14 96-6 7-8 5 3 7) Satd parcel ts located at 5 73 Central
Drtve and contatns 1 89 acres DISTRICT 6 - BEACH
The followtng condtttons shall be requtred
The bulk storage area shall be hmtted to the area shown on the
submttted site plan entttled, "Stte Development Plan for Bulk
Storage Yard Lot 16", prepared by NDI, LLC, dated October 11,
2001
No development, tncludtng expanston of the stormwater
management facthty, shall occur wtthtn the seaward 50feet of the
Resource Protectton Area
Buffer restoratton acceptable to the Planmng Dtrector or hts
destgnee shall be provtded Thts shall be determined durtng the
detatled plan revtew process
Fenctng, landscaptng, and hghttng shall be installed tn
accordance with Sectton 228 of the Ctty Zontng Ordtnance and
the requtrements of the Stte Plan Ordtnance
5 The gate at the entrance to the enclosed bulk storage area shall be
at least 12feet wtde
Thts Ordtnance shall be effective tn accordance wtth Sectton 107 09 of the Zomng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twent¥-stxth o_f Februa~_ ,
Thousand Two
Two
Votmg 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' Voting Nay
None
Counctl Members Absent
None
February 26 2002
Item V-K. ?.a.
- 51 -
PLANNING
Upon motton by Vtce Mayor Sessoms,
INDEFINITELY
ITEM # 49354
seconded by Counctlman Branch, Ctty Counctl DEFERRED
Ordinance to AMEND 3~ 203 re vehicular parking requirements tn
the B-3A Pembroke Central Business Core District
Votmg 8-0 (By ConsenO
Counctl Members Votmg Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Reba $
McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K
Parker and Rosemary Wdson
Counctl Members Voting Nay
None
Council Members Abstatmng
Wtlham W Harrtson, Jr, Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr
Counctl Members Absent
None
Vtce Mayor Sessoms DISCLOSED and ABSTAINED, on Item 7a/b (Pembroke Central Bustness DtstrtcO
He ts an officer of Wachovta Bank which recently merged wtth Ftrst Unton Nattonal Bank Wachovta Bank
has provtded financtng for the Town Center proJect
Councdman Harrtson DISCLOSED and ABSTAINED, as hts law firm provtdes legal servtces to Armada
Hoffler It ts hkely that Armada Hoffler Properties, wtll manage the Town Center for theproject's developer,
Town Center Assoctates
Counctlman Jones DISCLOSED and ABSTAINED Pursuant to Section 2 2-3115(E), Code of Vtrgtnta on
Items 7a/b regardtngparktng spaces at Town Center He has an ownership interest tn Resource Bank, whtch
exceeds three percent of tts total equtty Resource Bank has entered tnto a parttctpatton agreement wtth
Monarch Bank for a hne of credtt to Armada Hoffler Properttes It ts hkely that Armada Hoffler Properttes,
wtll manage the Town Center for the project's developer, Town Center Assoctates Also, Resource Bank ts
tn negottattons to lease a new butIdtng at the Town Center, and the bank wouM use a portton of th e parktng
spaces whtch are the subject of thts Or&nance Counctlman Jones' letter of February 26, 2002, ts hereby
made a part of the record
February 26 2002
- 52 -
Item V-K. 7. b.
PLANNING
ITEM # 49355
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Cay Councd ADOPTED:
Ordtnance to AMEND 3~ 902 re special setback requirements for certam
lots wtthtn the B-3 Central Business District
Vottng 8-0 (By ConsenO
Councd Members gottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Reba S
McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K
Parker and Rosemary Wdson
Councd Members Vottng Nay
None
Councd Members Abstatntng
Wdham W Harrtson, Jr, Louts R Jones and Vtce Mayor Wdham D Sessoms, Jr
Councd Members Absent
None
Vtce Mayor Sessoms DISCLOSED and ABSTAINED, on Item 7a/b (Pembroke Central Bustness DtstrtcO
He ts an officer of Wachovta Bank whtch recently merged wtth First Unton Nattonal Bank Wachovta Bank
has provtded financtng for the Town Center project
Councdman Harrtson DISCLOSED and ABSTAINED, as hts law firm provtdes legal servtces to Armada
Hoffler It ts hkely that Armada Hoffler Properttes, wtll manage the Town Center for the project's developer,
Town Center Assoctates
Councdman Jones DISCLOSED and ABSTAINED Pursuant to Sectton 2 2-3115(E), Code of Vtrgtnta on
Items 7a/b regardtngparktng spaces at Town Center He has an ownershtp mterest tn Resource Bank, whtch
exceeds three percent of tts total equtty Resource Bank has entered mto a parttctpatton agreement wtth
Monarch Bank for a hne of credtt to Armada Hoffler Properttes It ts ltkely that Armada Hoffler Properttes,
wtll manage the Town Center for the project's developer, Town Center Assoctates Also, Resource Bank ts
tn negottattons to lease a new butldtng at the Town Center, and the bank wouM use a portton of th e parktng
spaces whtch are the subject of thts Ordinance Councdman Jones' letter of February 26, 2002, ts hereby
made a part of the record
February 26 2002
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4O
AN ORDINANCE ESTABLISHING SPECIAL
SETBACK REQUIREMENTS FOR CERTAIN LOTS
LOCATED WITHIN THE B-3 CENTRAL BUSINESS
DISTRICT
SECTION AMENDED' Czty Zonzng Ordinance
Section 902
WHEREAS, the public necessity, convenience, general welfare
and good zoning practice so require;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA'
That Section 902 of the City Zoning Ordmnance is hereby
amended and reordained, to read as follows-
Sec. 902. Dimensional requirements.
(a) The following chart lists the requirements within the
B-I, B-IA, B-2, B-3, and B-4 Business Districts for minimum lot
area, width and yard spacing for all commercial uses and
structures.
B-1 B-IA B-2 B-3 B-4
(1 Mmnmmum lot area in square feet. 20,000 20,000 20,000 20,000 20,000
(2 Mmnmmum lot wmdth in feet:* 100 100 100 100 100
(3 Mmnmmum front yard setback mn feetm 30 35 35 35 35
unless a reduced setback ms allowed
pursuant to subsectmon (f)
(4 Mmnmmum smde yazd setback mn feet,
unless a greater setback ms requmred
by sectmon 903: 0 0 0 0 0
(5 Mlnmmum smde yard setback adjacent to
A street mn feet: 30 35 35 35 35
(6 Mmnmmum rear yard setback mn feet,
unless a greatez setback ms required
by sectmon 903: 0 0 0 0 0
*Where applicable, newly created corner lots must also adhere
to section 4.4(c) of the Subdivzsion Ordinance, requ~rzng
additional lot width on certain corner lots.
(f) Notwmthstanding the requirements of subsectmon (a), the
Planning Director may allow a reduced front yard setback on any
zoning lot within the B-3 Central Business District directly
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opposite property located within the B-3A Central Business Core
District, and separated from such property by a public riqht-of way
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having a width of no less than one hundred (100) feet under the
following circumstances:
(1) the zoning lot is at least five (5) acres in area;
(2) the proposed development for which the reduced
setback is sought is of a type and quality
consistent wmth the standards set forth in the
(g)
Comprehensive Plan and Pembroke Central Business
District Master Plan; and
(3) the proposed development does not include any
buildings or parcels which are not visually and
functionally lnteqrated into the entire development.
applications for a reduced setback shall mnclude a
detailed plan of development and streetscape plan showing the
relationship of all existlnq and proposed buildmngs, pedestrian
improvements, sidewalks, parkmnq areas, site landscaping and other
physical improvements, and such other mnformatlon as the Plannmng
Director may require as bemng necessary to determmne whether the
application meets the criteria set forth in subsectmon (f) .
(h) In the event the Planning Director denmes an application
for reduced setbacks pursuant to subsection (f), the applicant may
appeal such denial to the Cmty Council wmthin twenty-one (21) days
of the date on which the application was denied.
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Adopted by the City Council of the Cmty of Virginia Beach,
Virginia on this 26th day of February, 2002.
CA-8378
wmm~ordres ~ B-3 setbackordin, wpd
February 13, 2002
R-4
Item V-K. 7. c.
- 53 -
PLANNING
ITEM # 49356
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Counctl ADOPTED:
Resolutton to refer AMENDMENTS of ~ 1502 and 1507, re maximum
building height and hotel density tn the RT-1 Resort Tourist District to the
Plannmg Commtsston for constderatton and recommendatton
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
February 26 2002
A RESOLUTION REFERRING TO THE PLANNING
COMMISSION PROPOSED AMENDMENTS TO SECTIONS
1502 AND 1507 OF THE CITY ZONING ORDINANCE,
PERTAINING TO MAXIMUM BUILDING HEIGHT AND
HOTEL DENSITY IN THE RT-1 RESORT TOURIST
DISTRICT
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WHEREAS, the public necessity, convenience, general welfare
and good zoning practice so require;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
There is hereby referred to the Planning Commission, for its
consideration and recommendation, proposed amendments to Section
1502 of the City Zoning Ordinance, pertaining to maximum building
hemght and hotel density in the RT-1 Resort Tourist District. A
true copy of such proposed amendments is hereto attached.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the Planning Commission be, and hereby is, directed to
transmit to the City Council its recommendation concerning the
aforesaid amendments no later than forty-five (45) days after the
date of adoption of this Resolution.
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Adopted by the City Council of the City of Virginia Beach,
Virginia, on the 26th day of February, 2002.
CA-8391
wmmkordres kczol502res, wpd
R-2
February 13, 2002
- 54 -
Item V-M. 1.
NE W BUSINESS
ITEM # 49357
CITY CLERK TO RECORD, BY CONSENSUS:
ABSTRA CT OF CIVIL CASES RESOLVED - January 2002
February 26 2002
- 55 -
Item V-N. 1.
AD JO URNMENT
ITEM # 49358
Mayor Meyera E Oberndorf DECLARED the Ctty Councd Meettng ADJOURNED at 6:35 P.M.
Beverly 0 Hooks, CMC
Chtef Deputy City Clerk
Ctty Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
February 26 2002