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HomeMy WebLinkAboutMAY 28, 2002 MINUTESCi CITY COUNCIL MAYOR MEYERA E OBERNDORE At-Large VICE MAYOR WILLIAM D SESSOMS, JR, At-Large LINWOOD 0 BRANCH, III, Beach -Dtstrtct 6 MARGARET L EURE, Centervtlle -Dtstrtct 1 WILLIAM W HARRISON, JR, Lynnhaven -Dtstrtct 5 BARBARA M HENLEY, Prtncess Anne -Dtstrtct 7 LOUIS R JONES, Baystde -Dtstrtct 4 REBA S McCLANAN, Rose Hall -Dtstrtct 3 ROBERT C MANDIGO, JR, Kempsvtlle -Dtstrtct 2 NANCY K PARKER, At-Large ROSEMARY WILSON, At-Large JAMES K SPORE, Ctty Manager LESLIE L LILLEE Ctty Attorney RUTH HODGES-SMITH, MMC, Ctty Clerk of Vir inia Beach "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE (757) 427-4304 FAX (757) 426-5669 EMAIL Ctycncl@ctty vtrgmta-beach va us May 28, 2002 CITY COUNCIL BRIEFING Ao Towing Advisory Board Carolyn Lincoln, Chair - Conference Room - ~ :OOPM II. CITY MANAGER'S BRIEFING'S Ao Bo Co HRT Serwce Plan Robert J. Scott, D~rector - Planmng Shore Drive Transportation Study and Design Gmdehnes Dean Block, D~rector - Pubhc Works Robert J. Scott, D~rector - Planmng Tngon Marathon Pubhc Safety and Traffic Plan James Cervera, Deputy Chief- Pohce John Herzke, C~ty Engineer - Pubhc Works III. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 5:00PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf 13 INVOCATION: Reverend Jim Tongue Virginia Beach United Methodist Church C PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSION May 14, 2002 G. AGENDA FOR FORMAL SESSION H MAYOR'S PRESENTATION 1. PROCLAMATION a. Virginia Beach Foundation Week - May 20-26, 2002 I PRESENTATION ACHIEVEMENT for EXCELLENCE ~n FINANCIAL REPORTING Government Finance Officers Assoclat~on Patncla A. Phillips, D~rector - Finance J. PUBLIC COMMENT 1 Local and State Combined Vehicle Registration K. ORDINANCES . Ordinance to AMEND § 33-114.3 of the C~ty Code re sidewalks ~n the B-3A Pembroke Central Business Core District. . Or&nance to AUTHORIZE acqmslt~on of property in fee simple re rtght-of-way for Norfolk Avenue Multi-Purpose Trail by e~ther agreement or condemnation. o Or&nance to AUTHORIZE the City Manager to execute a Deed of Release and Exchange re Agricultural Lands Preservation easement on Baum Road. (PRINCESS ANNE- DISTRICT 7) 4. Ordinances to AUTHORIZE temporary encroachments' (a) C~ty's drmnage easement by ROBERT J. and LAUREN L. WEINBERG to construct/mmntmn a wharf and bulkhead at 2401 Brasdeno Drive (PRINCESS ANNE- DISTRICT 2) Lo (b) City's right-of-way by HOWARD N. and KATHLEEN A. WEINBERG to construct/maintain a wharf and bulkhead at 2064 Tazewell Road (PRINCESS ANNE- DISTRICT 2) (c) City' s right-of-way by PHILILP J. GEIB to construct/maintain a wharf and bulkhead at 2084 Tazewell Road. (PRINCESS ANNE - DISTRICT 2) (d) City's fight-of-way of South / North Kentucky Avenue and Southern Boulevard by CHARLES and SUSAN L. BARKER to construct/maintain two (2) communication cables. (ROSE HALL- DISTRICT 3) RESOLUTIONS Resolution re plan offinanctng for Phase I of the Town Center project with the Development Authority dated 1 June 2002' a. Support Agreement (draft dated 20 May 2002) b. Agreement of Trust (draft dated 20 May 2002) c. First Supplemental Agreement of Trust (draft dated 20 May 2002) b. Bond Purchase Agreement (draft dated 22 May 2002) . Resolution re participation of Chesapeake Bay Alcohol Safety Action Program (CBASAP) in the Virginia Retirement System. m. PLANNING Application of ROBERT F. THOUROT for the enlargement qfa non-conformtng use to reconstruct the existing duplex and add a second story to the rear unit at 2254 Maple Street, containing 7,500 square feet. (DISTRICT 4- BAYSIDE) Recommendation: APPROVAL . Application of SUNKIST C. FARRELLI for the enlargement qfa non-conformtng use to renovate the existing duplex into a single family home at 305 26th Street, containing 2,450 square feet. (DISTRICT 6 - BEACH) Recommendation: INDEFINITE DEFERRAL Application of DOMINION CHRISTIAN CENTER for a Condzttonal Use Permtt re a church on the north side of Lynnhaven Parkway, east of Round Hill Road (2159 Lynnhaven Parkway), containing 1 68 acres. (CENTERVILLE - DISTRICT 1) Deferred: Recommendation: May 14, 2002 APPROVAL . Applications of CHECKERED FLAG MOTOR CAR CO., for Conditional Use Permits: go re automobile rentals at the southeast comer of Virginia Beach Boulevard and Clearfield Avenue (5225 Virginia Beach Boulevard), containing 9.92 acres. (KEMPSVILLE - DISTRICT 2) o o o . . bo re off-site employee parking and automobile storage on the east side of N. Lynnhaven Road, north of Mustang Trail (216 N. Lynnhaven Road), containing 1 15 acres. (BEACH- DISTRICT 6) Recommendation: APPROVAL Application of ATLANTIC ENTERPRISES, INC., for a Conditional Use Permit re a commercial parking lot at the southwest comer of Atlantic Avenue and 30th Street (2906 Atlantic Avenue), containing 36,120 square feet. (BEACH- DISTRICT 6) Recommendation: APPROVAL Application of 7-ELEVEN, INC., for a Conditional Use Permit re fuel sales in conjunction with a convenience store at the southwest comer of Laskln Road and Village Drive, containing 1.085 acres. (BEACH- DISTRICT 6) Recommendation: APPROVAL Application of THIRTY-SEVEN-01 ASSOCIATES, L.L.C., for a Conditional Use Permit re Drive-Thru Window (Bank) on lots 4 & 5, block 87, Virginia Beach Development Co. (3701 Pacific Avenue), containing 15,120 square feet. BEACH- DISTRICT 6) Recommendation' APPROVAL Application of VOICE STREAM for the modtficatton ofcondtttons approved February 10, 1998, on the application for a communication tower at 409 First Colonial Road.. (BEACH- DISTRICT 6) Recommendation: APPROVAL Apphcat~on of VIRGINIA BEACH S.P.C.A., for a Conditional Use Permit re an animal shelter on Parcel A-l, Bow River, (3040 Holland Road), containing 2.65 acres. (PRINCESS ANNE- DISTRICT 7) Recommendation: APPROVAL N. APPOINTMENTS: CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM COMMUNITY SERVICES BOARD Raymond Kirby - Family Member O. P. Qo 05/23/02slb AGENDA\05/28/02 www vbgov eom UNFINISHED BUSINESS NEW BUSINESS ADJOURNMENT If you are physically disabled or visually impaired and need assistance at th~s meeting please call thc CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call TDD only 427-4305 (TDD - Telephomc Dewce for the Deaf) OUR MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 28, 2002 Mayor Meyera E Oberndorf called to order the BRIEFING SESSION tn the Ctty Counctl Conference Room, Ctty Hall Butlchng, on Tuesday, May 28, 2002, at 1 000 P M Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R clones, Reba S McClanan, Robert C Man&go, .Ir Mayor Meyera E Oberndorf, Nancy K Parker, Rosemary Wtlson and Vtce Mayor Wtlham D Sessoms, .Ir Counctl Members Absent None Mayor Oberndorf referenced the Ctty Manager's correspondence AND advtsed OF hts attendance at the Innovation Groups Board meettng and Transforming Local Government Conference in Tucson, Arizona. -2- VIRGINIA BEA CH DE VEL OPMENT AUTHORITY 1:00 P.M. ITEM # 49649 Mayor Oberndorf referenced her correspondence of May 24, 2002 to the Members of the Virginia Beach Development Authority requesttng thetr attendance at the City Counctl Brtefing Session, Tuesday, May 28, 2002, at 1 O0 P M The request was to brtef Ctty Counctl relative th May 24th meeting of the Development Authortty, spectfically the DENIAL of the 31s' Street documents for the purchase and sale of the Oceanfront parcel and the Beach Quarter Inn Robert G Jones, Chart of the Development Authortty, advtsed of schedule confltcts and hts tnterest tn pursing thts opportuntty at some future date Attorney Robert Hagens, Member, also called the Mayor and advtsed of his confltct Mayor Oberndorf expressed apprectatton to Development Authortty Members Teresa Carrtngton and Robert E Fentress (former Vtce Mayor) for their attendance The City Attorney referenced the faxed request of Chatrman Jones to dtstrtbute a letter of May 20, 2002, to the Members of Ctty Counctl re 31st Street Councilman Harrtson beheved thts memo offenstve The Development Authortty did not follow the wtshes of the majortty of City Counctl Counctlman Harrtson requested the Development Authortty call a Spectal Meettng to reconstder thts project Counctlman Branch tnqutred by whose authortty, a Special Meeting of the Development Authority may be called The Ctty Attorney referenced the By-Lawprovtston which states a Spectal Meeting can be called by nottce of the Chairman or two members requesttng the Chatrman call a Special Meeting Asststant Ctty Attorney Gary Fentress concurred the Chair may call a Spectal Meetmgfollowtng a request by two members of the Authortty The prtmary requtrement ts at least a two day nottce The Ctty Attorney's office had suggested a Spectal Meettng be called for Thursday, May 30, 2002, at 11 30 A M, however, the Chart advtsed of a conflict Counctlman Jones wtshed to respond to the statement "there was no dtscusston prtor to NOTAPPROVING (Lost due to a Tie Vote) of Amended and Restated Development Agreement and 3st Street Project documents There was extended dtscusston, not at the meetmg of May 24, 2002, but at theprevtous meettng The 31~t Street Developer and Asststant Ctty Attorney, Carol Hahn, presented tnformatton to the Development Authortty The City Manager also spoke Counctlman Jones advtsed the Authority, tn his optnton, chd have adequate dtscusston to formulate thetr optnton Counctlman Branch advtsed he attended the Development Authortty meettng of May 24, 2002 Counctlman Branch referenced hts concerns There were many tn attendance to respond to any questtons to provtde tnformatton for any "mtsstng gaps" Normally, those members vottng agatnst an ttem pubhcally state reasons for thetr opposttton There were two parts to the motton that were defeated purchase or lease of the 3?' Street property and the acqutsttton of the Beach Quarters Inn property, which thts Ctty Counctl made thetr decision to purchase the Rudee Loop parcel It ts troubhng as the Ctty could find ttself tn the same sttuatton as the Neptune's Corner, where a key parcel ts needed for the assemblage of the specific project Thts would commtt the Ctty to purchase the property wtthout havtng all the parcels under contract or negottated prtce Mayor Oberndorf advtsed the Chatr beheves the members of the Authortty were tn favor of the 31~ Street project, but only with the original 1999 contract. Counctlman Branch advtsed the ortgtnal agreement does not provtde for an open vista The majortty of speakers at the pubhc comment pertods tndtcated thetr destre for a larger park Counctlman Harrtson requested Chatrman Jones tn&cate thejusttficatton for hts change tn positron of hts vote of May 24th vs the July Meettng The Authortty voted 4-0 m favor of the Amended Documents which the developer ultimately did not accept These dtd tnvolve the sale of the real estate Vtce Mayor Sessoms suggested the Development Authortty Chair call for a Spectal Meeting and make sure all members wtll be tn attendance Informatton must be made avatlable to Chatrman Jones Ttme hnes must be met Counctl Lady McClanan tn&cated The Vtrgtman-Ptlot news arttcle was most unfatr to Chatrman Jones Chatrman Jones was very concerned relattve attendance and spoke with Boards and Commtsstons Ltatsons McClanan and Wtlson relattve tncreastng the fee for membershtp to encourage attendance at meettngs Counctl Lady McClanan ts concerned wtth the attitude Ctty Counctl ts exemphfytng Counctlman Jones was tn attendance when Chatrman Jones requested the Ctty Manager propose tn the FY Operating Budget an mcrease tn the fees for the Members of the Authortty The Ctty Manager, for whatever reason, chd not chose to do so Counctl Lady Eure advtsed Chatrman Jones lobbted her personally relattve thts tncrease tn fees Robert E Fentress, Development Authortty Member, advised the members have not been patd tn two or three months Mayor Oberndorf ts tnterested tn estabhshtng a dialogue with the Development Authortty tn apubhc setttng May 28, 2002 -3- VIRGINIA BEA CH DE VEL OPMENT AUTHORITY ITEM # 49649 (Continued) Counctlman Branch was not aware of any Board or Commission, other than the Development Authortty, where the Ctty carrtes a note on tn the amount of $7.4-MILLION This ts secured by real estate One of the parcels ts 31st Street Counctl Lady Parker referenced the restgnatton of Ehzabeth ,4 Duke and whether there would be a replacement Vtce Mayor Sessoms advtsed thts ts scheduled for dtscusston durtng the Closed Sesston Counctlman Harrtson requested the Authortty's Bylaws be revtewed Most Vtrgtnta corporattons can parttctpate by telephone Councdman Branch advtsed the Authortty ts not atyptcal board or commtsston and ts governed by State gutdehnes Ifa Member misses ten meettngs tn a row, he cannot be dtsmtssed The Ctty's Boards and Commtsstons requtre notice after three unexcused absences The Ctty Attorney advtsed the Ctty Ordinances apply to Boards and Commtsstons created by the Ctty, which has an attendance requtrement Thts same requtrement wouM not apply to Boards whtch are state created agenctes The Virginia Beach Development Authority is created by Acts of Assembly They are an tndependent corporatton and are subject to the Conflict of lnterest and Freedom of Information Acts All meetings must be open The City Attorney wtll review the State Code relattve the posstbthty of meettngs by telephone Vtce Mayor Sessoms advtsed the Authority cannot assume debt without approval of City Council As a result of negottattons, the Bank released the Deed of Trust on 31st Street and the City took the Deed of Trust. An RFP was issued forprivate/pubHc development of hotel/park Three proposals were evaluated tn 1997 Mark Wawner, Economic Development, wtll provtde tnformatton relattve the Board Members and Mtnutes durtng thts ttme frame Relattve Rudee Loop, Asststant Ctty Attorney Carol Hahn advtsed the Ctty ts the holder of all the opttons, but has the rtght to asstgn those opttons to some other enttty Counctlman Harrtson beheved tt dtfficult to achwve the maximum potenttal of the Rudee Loop property without tt betng tn the hands of the Development Authority Four (4) votes constttutes a super majortty of the Development Authortty, whtch ts requtred to sell land Vice Mayor Sessoms and Councilman Jones, Ltatsons to the Development Authority, shall coor&nate with the Development Authortty re a Spectal Meettng May 28, 2002 -4- CITYCOUNCIL BRIEFING TO WING AD VISOR Y BOARD 1:45 P.M. ITEM # 49650 C Oral Lambert, Jr, ChtefOperattng Officer, advised the Ctty Council created the Virginia Beach Towing Advisory Board on July 6, 1993, tn accordance wtth Acts of the Assembly On July 3, 2001, Ctty Council constdered the Board's recommendattons, authortzed modtfied rate adjustments and instructed the Board to reconvene after the Summer season to dehberate and return wtth any addtttonal recommendattons City Staff recommended a three stepprocess Towing Advisory Board Briefing- May 28, 2002; Public Comment - June 4, 2002; and City Council vote-June 11, 2002. Carolyn Lincoln, Chatr- Towing Advtsory Board, advised the Board has dthgently worked on thts issue assisted by Councdman-Elect Rtchard A Maddox and Judy Taylor, Secretary to the Board The Towtng Advtsory Board has no asstgned staff and rehes solely on volunteers The Chatrman expressed apprectatton to Oral Lambert, Betsy McBrtde- Medta and Commumcattons, Chtef Jacocks - Pohce and Asststant Ctty Attorney Kathy Rountree Councilman-Elect Maddox, Board Member, advised the Board has met many ttmes over the last twelve months to provtde recommendattons Towing Advisory Board's Charter Revtew provtstons of any proposed amendments to the City Code regardtng Removal of non-consensual unauthortzed vehtcles Fees for such servtces Make Recommendations to Ctty Council Types of Services: Customer Request Servtce locattons and desttnattons are sent upon customer request Services and fees are agreed upon The Tow ts accomphshed and the transactton ts completed Police Dispatched Regardless of ttme or weather, the tow vehtcle ts to arrtve tn 20 mtnutes on the scene Hazardous condtttons, tnjurtes to operator and clean up of hazardous matertals (otl, blood, contammantsj are tnvolved Admtntstrattve procedures are crtttcal Property Owner Request/Impound Contact drtven by property owners They are the customers Vehicles can be towed by crtterta as set by the property owners tn accordance with State law Admtntstrattve procedures are cructal Cost Analysis/Comparison Consumer Price Index February 1993 143 1 February 2002 177 8 Insurance Subsequent to September 11, 2001, rates have tncreased tndustry-wtde 100% to 300%, regardless of clatm htstory Equipment: The average wrecker has increased from $35,000 to $65,000 stnce 1993 Fuel: Costs have increased from $1 O0 a gallon tn 1993 to $1 58 today Employees As technology has changed, the automobtle, spectahzed operators and hcenstng requtrements have forced towtng compantes to compete for employees tn the same market as corporate employees May 28, 2002 -5- CITYCOUNCIL BRIEFING TOWING AD VISOR Y BOARD ITEM # 49650 (Continued) Gross Vehicle Weight Rating Department of Transportatton Etght Classes of Vehtcles Operattonal Requtrements Set by the Gross Vehicle Wetght Rattng Insurance Coverage determtned by Gross Vehtcle Wetght Rattng Manufacturers must post Gross Vehicle Weight Rating on the drtver door Class 1 and 2 11,000 lbs. Maximum Light Duty Wreckers Passenger Cars Light Trucks Minivans Sport Utility Vehicles Full-size Pick-Up Full-size Vans Wrecker Cost: Insurance: Fuel Consumption: $ 65,OOO $ 5,000per year 10 miles per gallon Class 3, 4, 5, 6 11,001 to 26,000 lbs. Medium Duty Wreckers Delivery Trucks Utility Vehicles Motor Homes Parcel Trucks Ambulances Dump Trucks Wrecker Cost: Insurance: Fuel Consumption: Refrigerated Trucks Box Trucks Small and Medium School Buses Transit Buses Flatbed and Stake Trucks $110,000 $ 7,000per year 8 miles per gallon Classes 7 & 8* Over 26,001 lbs. Heavy Duty Wreckers Large Delivery Trucks Motor Coaches Refuse Trucks Cement Mixers Tractor/Trailer Combinations Wrecker Cost: Insurance: Fuel Consumption: $~4~,ooo $ 15,000peryear 6 miles per gallon *Levied 3~ per mile surcharge by the Federal Government road tax. May 28, 2002 -6- CITYCOUNCIL BRIEFING TO WING AD VISOR Y BOARD ITEM # 49650 (Continued) FEES Drop Fees Fee charged should the vehicle owner return to the scene after the vehtcle has been "hooked" but prtor to the vehtcle being removed Currently $20 and does not dtfferenttate between wetght classes Towing Fees: Removal from private parking by pohce ordered tow or prtvate property tmpound contracts Currently set $ 70 O0 under 11,000 lbs and $285 over ! 1,000 lbs Storage Lot Fees Reqmrements are well Itt, secured, 24 hour access, Repatr Bay, Bathroom Accesstbthty, properly zoned Lien Sale Process Tow Operators are requtred by State Law to conduct a search to determtne the regtstered owner/hne holder of any tmpound and notify them by regtstered letter the locatton of the vehicle Recommendatton Gross Vehtcle Weight Rattng categories $25, $50, $75 Recommendatton $ 85for Class 1, 2 $ 250for Class 3, 4, 5, 6 $ 500for Class 7, 8 Recommendatton Gross Vehicle Weight Rattng classtficattons and estabhsh $25, $50, $75 Recommendatton Currently $40 - Increase to $50 Storage Lot Restrictions No vehicle may be towed outstde the City durtng the tntttal 24 hours wtthout the owner's consent Recommendation Tow vehtcle to the nearest storage facthty to facthtate release to consumer An owner has unhmtted access to thetr vehtcle regardless of whether able to redeem Recommendation Owner has unrestrtcted access durtng the first 24 hours' and then between 8 O0 A M and 5 O0 P M once a day unttl redeemed Summary Estabhsh three (3) categortes based on Gross Vehtcle Wetght Rattng Approve Recommended Fees based on wetght categortes Increase fees for Lten Sale Process Allow vehtcles to be removed from Vtrgtma Beach for storage when feasible Limit Access to impounded vehicles Mrs Lincoln advised, as the Board was not able as a body to compile a hst of non consensual tows, the Vtrgtntan Ptlot stated there were 13, 791 non consensual tows .from private lots The Resort Advisory Commtsston has a larger number for tows Mrs Ltncoln advised the Towing Advisory Board falls under Communications (COMIT) rather than the Pohce Department Mr Lambert advtsed the Board ts regulated by Ordtnance Mrs Ltncoln and Councdman-Elect Maddox referenced an on-gotng log ts matntatned, however, there are apparently no data bases to quanttfy tnformatton Every car that ts towed tn the Ctty ts reported to the Pohce City Council might wish to review some type of ongotng mechantsm to ensure towtng compantes are pohced May 28, 2002 -7- CITYCOUNCIL BRIEFING TO IKING ,4D VISOR Y B O.,IRD ITEM # 49650 (Continued) Counctl Lady Eure advtsed tfa prtvate bustness has very heavy equtpment they contract towtng companies Her company has fifly (50) vehicles and an arrangement wtth a towtng company has been made This ts the reason the information relattve number of tows ts not available Counctl Lady Eure requested the composttton of the Board and thetr occupations Judy Taylor advised Council that separate fees for removtng a tractor and its trader have been ehmtnated The fee ts $500 and vehicles cannot be split Karen Bernard, Metro Towtng, advtsed a $50 OO fee ts recommended to be charged relattve a DMV Tttle Search Information relattve the amount DMV charges the towtng operator for a title search shall be provtded Mr Lambert advtsed last year Captatn Lowe was the representattve of the Pohce Department and had been selected as Chair, however, staff felt tt was tmproper for btm to serve as Chart of the Board making recommendattons to Ctty Counctl re tow fees He ts still a member The Code, under whtch this Board ts appotnted, provtdes the quahficattons and composttton for the membership Mrs Taylor advtsed the Ctty Code states the towed vehtcle cannot be moved on wtthout consent, for twenty- four (24) hours The Board ts recommendmg towing to the nearest facthty Mr Lambert advtsed staff ts not provtded for every Board and Commtsston appomted by Ctty Counctl The tow truck data ts matntatned by the COMITstaff Whenever a car ts towed, the wrecker must report the non- consensual tow to the dtspatchers tn the Communtcatton Dtvtston This tnformatton wtll beprovtded to Ctty Counctl Counctlman-Elect Maddox and Mrs Ltncoln referenced the posstbthty of a complatnt form Several suggested questtons would determine whether the car was legtttmately towed Mr Lambert advtsed the staff wtll coordtnate wtth the Board relattve thts concept Mayor Oberndorf advtsed concerns from ctttzens relattve behavior of the tow operators If someone rents a hotel room for a weddtng receptton or spectal dtnner, a good bustnessman would send automobtleparktng passes for thetr guests Thts would ehmmate wrongful towing from a hotel Mr Lambert advised the program ts not restricted, as long as the operator's eqmpment can be certtfied by the Pohce Department The tow truck operators may request betng part of the program COMIT sectton handles the dtspatchtng of the wreckers Thts ts not a btd process Anyone who meets the mtntmum standards ts placed on the hst Dtspatch ts routed accordtng to estabhshed zones Counctl Lady Wtlson suggested tncludtng a certatn fee to cover some type of overstght commtttee to collect the data and complatnts Mrs Taylor advtsed $5 O0 per car was suggested to be forwarded to Communtcattons Mr Lambert advtsed thts wtll be discussed wtth the Ctty Attorney May 28, 2002 -8- CITY M/INAGER'S BRIEFING HRT SER VICE PLAN ITEM # 49651 By Consensus, the HRT SER VICE PLAN Briefing was RESCHEDULED unttl the Ctty Counctl Sesston of June 4, 2002 May 28, 2002 -9- CITY MANA GER 'S BRIEFING SHORE DRIVE TRANSPORTATION STUD Y AND DESIGN GUIDELINES ITEM # 49652 Robert d Scott, Dtrector of Planntng, tntroduced Stephen Whtte to present tnformatton relattve the Shore Drive Corridor Design Guidelines. These gutdehnes provide design gmdance for the private properties adjacent to Shore Drtve, from Independence Boulevard on the west to Ftrst Landtng State Park on the east, and for the rematnder of the area located wtthtn the Shore Drive Corridor Overlay Stephen Whtte, Planntng, advtsed the Gutdehnes were prepared by the Plantng Department with asststance from Parson, Brtnkerhofff, Quade & Douglas, Inc and Folck, West and Savage, Architects Mr I, Vhtte &splayed a map of the Corrtdor The extsttng built envtronment along Shore Drtve conststs of&verse restdenttal and commerctal uses, tncluchng small shopptng centers, restaurants, boat sales, servtce stattons, conventence stores, mtd-rtse apartment butldtngs, and htgh rtse apartment butldtngs One of the results of the work done by the Urban Land lnstitute (ULI) ts the tdenttficatton of five chstmct "scenic corridor"zones for area These zones were tdenttfied tn recognttton of the fact that out by the ULI panel, the best of each of the unique areas can be used as tntegrattngfeatures to help make the corridor a whole The zones are used as the organtztngframework for the destgn gutdehnes Green Zone located tn two areas of the corrtdor West - Generally between lake,loyce (at Baylake Untted Methodtst Church) and Marhn Bay Lane, on the western end of the corrtdor, East - Generally between Ftrst Landtng State Park and Beech Street, on the eastern end of the corrtdor The ULI report notes "Thts zone would extend the natural beauty of a tree-hned drtve through Ftrst Lan&ng State Park and provide a conttnuous green edge to the road way by preservtng the mature hve oak and ptne forest and addtng other approprtate trees and shrubs to create the screemng effect The me&an should have drifts of large trees to complement the overall forest" Red Zone Movtng east to west through the Corrtdor, the Green Zone begins to "give way" to the Red Zone This transttton occursdust to the east of Great Neck Road tntersectton, where the land use changes from predomtnantly restdenttal topredomtnantly commerctal uses A mtxture of archttectural styles and butMtng types characterizes the Red Zone, and there ts no predomtnant destgn theme The area ts prtmartly zoned for commerctal uses The ULI Report notes that wtthtn the Red zone "parkmg lots would be landscaped wtth trees and hedges or low masonry walls to screen parked cars" Blue Zone: Conttnutng to move along the Corrtdor from east to west, the Red zone transtttons to the Blue Zone around the tntersectton with Vtsta Ctrcle The blue zone ts untque tn tts close ortentatton to the Lynnhaven Rtver and the Chesapeake Bay From the perspecttve of tts landscape and archttectural features, the Blue Zone ts httle dtfferent from the Red Zone, however, the opportuntty presented by tts proxtmtty to the water estabhshed tt as a separate destgn enttty The area ts prtmartly zoned for resort commerctal uses The ULI Report notes "The Blue Zone would encompass the Lesner Bridge and tts approaches, wtth the objecttve being to facthtate mews to the water envtronment Only low planttng ts suggested, with a nauttcal theme to tnclude stone and brtck pavtng and brtdge abutment monuments, bollards and ornamental hghttng" Mixed Zone: This area falls wtthtn the portton of Shore Drtve as tt runs through the Ocean Park netghborhood The area possesses a mtx of uses, prtmartly betng stngle famtly and duplex dwelhngs, offices and commerctal uses Some of the commerctal uses are ortented to the water (boat sales and repair, for example,), closely tytng thts zone to the Blue Zone to the east The zone suffers from the lack ora hard edge between the roadway and the areas along the roadway Parktng areas for bustnesses tend to blend chrectly tnto the roadway tn some spots The ULI Report notes "To accommodate a mixture of uses, restdenttal uses would be screened tn a manner stmtlar to the green zone (mtx of trees and shrubs along the edges), add commercial uses would have landscaped parktng lots and sttes with trees and hedges to screen the cars" Prtmartly zoned commerctal along Shore Drtve Zoned medtum denstty restdenttal for parcels tn the Ocean Park netghborhood May 28, 2002 -10- CITYMANAGER'S BRIEFING SHORE DRIVE TRANSPORT/t TION STUD Y AND DESIGN GUIDELINES ITEM # 49652 (Continued) Gateway Zone Thts zone ts located on both stdes of the overpass of Shore Drtve by Northampton Boulevard (U S Route 13), generally from Lake Joyce on the ast to Bradford Lake on the west The ULI Report notes "Stgn controls would be tmproved for the commerctal uses, with landscapmg requtred for the parktng lots and sttes and hedges to screen the cars" Thts area ts prtmartly zoned for commerctal, htgh denstty restdenttal and low-denstty restdenttal toward Lake doyce Mr Stephen Whtte retterated the Design Guidelines' Encourage development conststent wtth the community' goals that wtll achteve the phystcal charactertsttcs necessary to enhance the economtc vttahty and vtsual aesthetics of the Shore Drtve Corridor Ensure that the scale and context of new butldtngs are compattble wtth the destred character of the communtty, while encouragtng extsttng butldtngs to upgrade to meet the htgher standards of destgn Ensure that development relates to the pedestrtan as well as to the automobtle, and that non-restdenttal uses are compattble wtth adjacent restdenttal uses General Building Design Concepts Facades should be articulated to reduce the scale and one-dtmenstonal appearance of butldtngs and to provtde vtsual tnterest The overall intent ts to encourage a more human scale and pedestrtan ortentatton Facades greater than 50feet tn length measured hortzontally vtstble from a pubic street, should tncorporate wall plane projecttons or recesses havtng a depth of at least three feet to break up the expanstveness of the exterior Fronts and sides ofbutldtngs ortented toward Shore Drive should tncorporate one-story porches, arcades, bay windows, entry areas, warmngs or other features Any stde ora butldtng ortented toward a pubhc street or pubhc open space should incorporate one-story porches, arcades, bay windows, entry areas, arcades, breezeways, awntngs or other such features to add vtsual tnterest Butldtngs should have clearly defined entrances featurtng canoptes, awmngs, recesses, covered porches and/or peaked roof forms Facade colors for all porttons of the butldtng should be low reflectance, subtle, neutral or earth tone colors (no prtmary colors) Bmldtng trtm and accent areas may feature brtghter colors, tncludmg prtmary colors The placement of dormers and other ratsed roof areas, wtthtn a prtnctpal slopmg roof, are encouraged, as a way of gatnmg destred habttable or usable space whtle reducing the visual scale and height ora structure The use of a "half story" to accomphsh thts ts encouraged Mr Whtte &splayed a photograph of one of the homes on Shore Drtve rematnmgfrom the early days The gutdehnes were chvtded tnto different secttons walls, roofs, building materials, windows and doors, commercial, miscellaneous, parking and signage guidelines Up to 50% of the facade area vtstble from Shore Drtve should be brick, stone, extertor fimshtng msulatton system (EIFS), or spht-faced block are allowable The heavter matertal should be at the bottom Roofs should have pttch, not be flat Porches should be wood, synthettc wood OCypon or stmtlar), or faced wtth brtck or stone They should not have exposed foundattons Rathng systems should be wood, pained steel or vtnyl Columns should be wood or synthetic wood OCypon or stmtlar) Columns should be a mtntmum of 8 tnches square, tf 8 feet tn height or less, a mtntmum of l O inches square otherwtse Round and tapered columns are also approprtate as long as they are conststent wtth the proporttons set out above for square columns May 28, 2002 -11- CITY M/INAGER'S BRIEFING SHORE DRIVE TRANSPORT/I TION STUD Y /IND DESIGN GUIDELINES ITEM # 49652 (Continued) Extertor castng ora mtmmum of 3 ~ tnches wtde to a maxtmum of 6 tnches wtde should beprovtded around all wmdows and doors on front and stde elevations and on elevattons factng pubhc rtght-of-ways (except where brtck veneer ts used) Retat[, office, motel and stmtlar non-restdenttal uses should refer to the "Retail Establishment and Shopping Centers Ordinance Guidelines" The storefront, doors, awntngs and stgnage shall be a untried destgn approprtate for the Shore Drive Corrtdor and not standard 'franchtse" archttectural styhng Storefront or wtdow units should comprise a mmtmum of 75°./o of the first floor elevation and a 25% mmtmum of the second floor Awnmgs or other smgle-story roof overhangs are encouraged The verttcal drtp of an awntng if stenciled wtth stgnage as permitted by the Ctty Zontng Ordtnance, should be a mtntmum of 8 mches tn hetght Pathways and stdewalks to butldtng entrances should be paved wtth concrete, pavers or brtck and should be landscaped wtth a mmtmum 3-foot strtp on each stde of the walk All landscape matertals and methods on parcels fronttng on Shore Drtve shall adhere to and strtve to exceed Ctty development ordtnance requtrements and the recommendattons of the Shore Drive Corridor Plan There ts a hst tn the aforementioned document, which wtll be tncorporated tnto these Design Gutdehnes Chatn-link fencing and other tndustrtal-style matertals are strongly &scouraged and tnapproprtate for the Shore Drive Corridor Fences along pubhc rtghts-of-way should be compattble wtth the archttectural style of the butldtng Matertals shouM be brtck, painted or statned wood, cedar left to weather, naturally and decorative vtnyl or metal fence systems Mr Whtte &splayed sketches of preferred parktng lot configurattons The General tdea ts not to have the parktng tn the front but on the stdes and back The Community suggested the netghborhood entry tdenttficatton stgns should strtve to adhere to the gutdehnes contatned wtthtn these Shore Drive Corridor Design Guidelines, rather than betng totally dtfferent The followtng additional guidelines primarily apply to medium and high-density development in the corridor: Front butldtng facades should be located at the front yard setback In developments of more than one bmldtng, at least one butldtng should be located at the front yard setback ,4s an alternattve to the above, three or more butldtngs may form a courtyard wtth two butldtng sttes located at the front yard setback The street elevatton of multtple untt restdenttal butldtngs should have at least one street-ortented entrance and contain the prtnctpal wtndows of the front untt Detached garages are encouraged to be located tn the rear half of the lot, and where posstble, be accessed by an alley or shared drtve Adjacent properttes are encouraged to share drtveways or access drives For structures wtth attached garages, the wtdth of the front facade should be at least five (5)feet greater than the width of the garage along tts street frontage The garage portton of the butldtng should be set back at least five (5)feet farther than the house from the street The followtng should not be located between the street and the front butldtng facade Loa&ng docks and servtce areas Heattng and venttlatton equipment Any other mechamcal equtpment Trash contatners Clay Berntck, Envtronmental Management - Planmng, advtsed these would be voluntary destgn gutdehnes, however, they would provtde a standard for utthzatton of Condtttonal Use Permtts and other spectal apphcattons These gutdehnes would be adopted as an amendment to the Comprehensive Plan Many photographs were assembled, whtch were constdered good Gutdehnes as well as poor examples for Shore Drtve May 28, 2002 - 12- CITYMANAGER'S BRIEFING SHORE DRIVE TRANSPORTATION STUD Y AND DESIGN GUIDELINES ITEM # 49652 (Continued) Mr Scott advtsed all the property was surveyed along Shore Drtve from Great Neck to Independence Boulevard In the process of thts survey, approxtmately twenty (20)properttes were found where a substanttal development or use of the property ts on Ctty property (tn essence encroachments) Mr Scott dtsplayed examples a parktng lot for a restaurant on Shore Drtve (much of whtch ts on ctty property and bastcally unfettered access to the travel lanes on Shore Drtve), the church wtth an encroachtng stgn, the La Ftesta Restaurant on the other side of the street (encroachtng stgn as well as almost enttre parktng loO and, the Shell Servtce Station very large stgn at Pleasure House Road All of these buddings are at last fifiy (50) years old E Dean Block, Dtrector of Pubhc Works reprtsed the January 8, 2002, presentatton of the Shore Drive Transportation Study The staff ts recommendtng Pubhc Comment be scheduled for June 4, 2002, wtth actton by Ctty Councd on June 11, 2002 Study Purpose & Need Identify an Evaluate Issues/Concerns Safety Capacity Mobility Landscaping Features Access Architectural Features Aesthetics Open Space Generate Public/Stakeholder input Develop an integrated package of improvements Follow up to Shore Drive Advisory Committee (SDAC) Mr Block advtsed the prtmary study elements were Traffic and Transportation; Landscape and Aesthetic Design and Open Space Elements. The area of study encompassed from Northampton Boulevard to North Great Neck Road Over 40, 000 cars uttltze thts road Projecttons indicate over 50, 000 cars per day wtl be uttltztng thts roadway by the year 2020 Shore Drive Transportation Study Year 2002 Deficiencies Intersectton's Northampton Boulevard, Greenwell Court, Ftrst Court Road, Marhn Bay Drtve, Vtsta Ctrcle and West Neck Road Matnhne Shore Drive Ftrst Court to North Great Neck Road Lesner Brtdge CONDITIONS ANAL YSIS- LANDSCAPING/AESTHETICS Limited Public Right-of- Way ROW Intruston Inconsistent Edge Treatment Median Variable Medtan Wtdth Poor Sod Condtttons Drainage tn the Medtan Landscaping Ltmtted to Newer Development Inconststent Inapproprtate Vegetatton Poor Maintenance No Theme Lack of Pubhc Landscaptng Limited Pedestrian ~Bicycle Circulation Limited Architectural, $ignage & Aesthetic Amenities May 28, 2002 13- CITY M/tNAGER'S BRIEFING SHORE DRIVE TRANSPORTATION STUD Y AND DESIGN GUIDELINES ITEM # 49652 (Continued) In November 2000, stakeholder interviews were held whtch provtded the basts forproject purpose and need prevtously descrtbed The Stakeholder Design Workshop, conducted tn June 2001, provtded feedback on alternattves and recommendattons There were a total of thtrty-two (32) meettngs held wtth a vartety of groups to discuss thts project Ftve (5) crtttcal components have been learned Matntatn 4-lane tntegrtty, replace the Lesner Brtdge, reduce confltct potnts, tmprove crtttcal tntersecttons, and, provtde aesthettc apphcattons MAJOR ELEMENTS Northampton Boulevard Interchange Deficiency No Capactty for Addtttonal Turmng and Through Movements Aesthettc/Landscaptng Features Gateway to the City Single Point Urban Interchange (SPUI) Maxtmtze Safety of Turmng Movements Operationally Effictent- 1 Stgnal Allows Gateway Signature Includes Landscaptng and Stdewalks Not Currently funded Lesner Bridge Replacement Deficiency Rematmng Useful Lt. fe 10- 15 Years No Capactty for Ad&ttonal Through Movements No Capactty for Multt-Purpose Tratl Plan for Signature Bridge Location & Construction Options to be Determined Need for 4 lanes open durtng constructton Ftfty year dectston 6-Lane Capability - 4 -Lanes Operations Not Currently Funded Shore Drive Intersection Enhancements & Beautification First Court Road Add Rtght Turn Lane (Eastbound Shore Drtve to Southbound Ftrst CourO Add Rtght Turn Lane (Northbound First Court to Eastbound Shore Drtve) Improve &gnal Structures Marlin Bay Drive/Shady Oaks Drive: Wtden Southbound Shady Oaks to accommodate left turn and a Through Rtght Turn Improve Stgnal Structures Included in FY2002/2003 CIP Corrtdor Wtde Improvements Aesthetic~Landscape Enhancements &gnage Ltghttng ROW Tratl Open Space Not Currently Funded May 28, 2002 - 14- CITYMANAGER'S BRIEFING SHORE DRIVE TRANSPORTATION STUD Y AND DESIGN GUIDELINES ITEM # 49652 (Continued) Mr Block ctted the recommendatton Alternative A - Maintain 4 Travel Lanes Along Shore Drive Components Replace Northampton Blvd Interchange Replace Lesner Brtdge Demonstratton ProJects at Ftrst Court Road and Marhn Bay Drtve Landscape, &gnage, Ltghttng, ROW, Tratl& Open Space Features, Corrtdor Wtde Expand Archttectural Gutdehnes Fun&ng Source VDOT Urban Funds* VDOT Urban Funds* Local Funds, Approved tn FY 2002/2003 CIP Future Local Funds Planntng Department and Shore Drtve Advtsory Counctl *Not Currently Funded May 28, 2002 - 15- CITYMANAGER'S BRIEFING TRIGON MARATHON PUBLIC SAFETY AND TRAFFIC PLAN 3:50 P.M. ITEM # 49653 John Herzke, Ctty Engtneer, advtsed the Trigon Bay Bridge Marathon wtll actually commence on the Chesapeake Bay Brtdge Tunnel The race wtll begin on the Eastern Shore stde of the brtdge, proceed through the tunnel across the brtdge and onto Shore Drtve Racers wtll proceed East tn the lane closest to the Bay on Shore Drtve and then proceed Southbound tn the lane closest to the Ocean at Atlanttc Avenue The race wtll make the turn onto Atlanttc Avenue at the Cavaher and enter the boardwalk at 3 7th Street The race wtll then proceed to the fimsh on the boardwalk at the Norwegian Lady Statue at 25th Street Race starts at 7:00 A.M. on Sunday October 20, 2002. Bus Loading Busses will be loaded on Atlanttc Avenue from 25th Street to 18th Street 3 30AM 400AM 4 45AM 500AM Busses wtll begin to stage Bus loa&ng Ftntsh loa&ng busses Buses leave The two top prtortttes for a successful event Safety Minimize impacts to traffic residents, and businesses to the greatest extent possible consistent with safety. Plans needed to address Traffic Impacts Get race started as soon as practtcal Define maxtmum ttmes to cross crtttcal potnts Get road open to traffic as qutckly as posstble Implement approprtate traffic control Communtty outreach Two general concepts have been constdered relattve the best traffic control plan Two--way traffic wtth one lane tn each chrectton plus emergency vehtcle lanes Two lanes of one-way traffic plus emergency vehtcle lanes Two-Way Traffic Impacts to Shore Drive Capacity Wtth the race lane and emergency vehtcle lane tn place Shore Drtve traffic volumes wtll exceed capactty from 11 O0 a m unttl 700p m Thts wtll result tn heavy congestton or grtdlock durtng thts pertod Dependtng on the number or types of tnctdents, traffic would soon become backed up leavtng Shore Drtve grtdlocked For example, the recent tnctdent related to matntenance to the Lesner Brtdge resulted tn traffic backed up onto North Hampton Boulevard May 28, 2002 -16- CITY MA NA GER 'S BRIEFING TRIGON MAltA THON PUBLIC SAFETY AND TRAFFIC PLAN ITEM # 49653 (Continued) Two-Way Traffic Plan The perceptton of better access because two-way traffic wtll be matntatned ts incorrect If traffic gets congested and delays are long there ts no alternate route that can be taken for areas along Shore Drtve and Atlanttc Avenue Lefi turns wtll be restrtcted to matntatn traffic flow whtch negates the advantage of two-way traffic Turn Restrictions The trust ts that vehtcles wtll attempt to make lefi turns Volunteers, who will be the only tnchvtduals mannmg the non-maJor stde streets, wtll not be tn a posttton to stop vehtcles from blocktng traffic or making lefi turns It takes a untformed pohce officer for traffic comphance Public Convenience Two- Way Traffic Plan Ttme ts of the essence for tmplementatton and removtng the traffic control devtces Thts two-way plan wtll require a total of three to four addtttonal hours of setup and removal ttme Travel ttmes wtll tncrease along the corrtdor wtth the proposed two-way traffic plan Thts ss due to turntng, stoppmg vehtcles blocktng through traffic and caustng backups or posstble grtdlock One-Way Traffic Plan For several hours traffic can only travel east bound and south bound For return traffic the detour wtll be very long Traffic can be returned to normal three hours sooner than wtth the two-way traffic plan More pre-race complatnts Churche servtces alternattve routes/times The one-way traffic plan ts stmpler for the drtver to understand The plan ss easter for pohce to control The one-way plans provtdes better emergency vehtcle access James Cervera, Deputy Chtef - Pohce, advtsed the number one tssue for the Pohce Department ss safety Deputy Chtef Cervera ctted the pohce response to the two-way and one-way traffic plan May 28, 2002 -17- CITYMANAGER'S BRIEFING TRIGON MARATHON PUBLIC SAFETY AND TRAFFIC PLAN ITEM # 49653 (Continued) Two-Way Traffic Plan Confuses drtvers Traffic stgns and stgnals are facing wrong way Increased chance of acctdents occurrtng One accident would cause grtdlock, delaytng emergency vehtcle arrtvtng to render atd Increases volume of traffic on race route Wtthout the buffer, vehtcles wtll be travehng close to runners, tncreasmg the chance of an accident Increase the use of manpower for officers to control major mtersecttons, and turn lanes Increases the use of volunteers Approximately 150 wtll be needed to help control traffic Thts ts problemattc due to tratntng requtrements and habthty issues One-Way Traffic Plan Allows stgnals and stgns to rematn functtonal Wtll allow emergency vehtcle to be routed to and around major acctdent scene Ctttzens wtll have to drtve further, however, they wtll be movtng conttnuously to help avotd grtdlock (Momtor-Merrtmac/Hampton Roads Tunnels) Increases the buffer zone between vehtcles and runners Allows the race route behtnd the runners to be opened faster, thereby rehevtng the chances of an acctdent occurring Approxtmately 30 fewer officers would be needed, and only a mtntmal use of volunteers Whtt Colhns, Vtrgtnta Beach Neptune Festtval, advtsed the first runner should htt Shore Drtve at approxtmately 8 20 P M Shore Drtve will be "tted up "for approximately four (4) hours The runners are hmtted to a 14-mtnute mtle If they cannot run a 14-mtle, they wtll be ptcked up Nancy Creech, Prestdent- Vtrgtnta Beach Neptune Festtval, advtsed they have been worktng wtth the Chesapeake Bay Brtdge Tunnel Commtsston for the past two years to estabhsh thts race The race ts betng conducted on a Sunday, at 7 O0 A M to tmpact traffic on the tunnel and Shore Drtve as httle as posstble There wtll not be spectators on the Bay-Brtdge Wtth the exceptton of the tslands, this ts not posstble Indtvtduals can go to the islands and watch There ts constderatton of a flottlla of boats One of the spans of the Bay-Bridge will be utthzed Runners wtll be tn one lane and very slow and paced car traffic through the other lane tn the tunnels The traffic at those hours of the mormng ts extremely hmtted The atr quahty tn the tunnels has been measured The air quahty ts less polluted on City streets where marathons are usually run t e Boston, New York The Trigon Bay Bridge Marathon wtll be produced by the Vtrgtnta Beach Neptune Festival and sponsored by Trtgon Blue Cross Blue Shteld Mrs Creech referenced the detatled Community Awareness Program dtstrtbuted to members of Ctty Counctl In order to foster a good relattonshtp between the Trigon Bay Bridge Marathon and the restdenttal and bustness communtty tn spectfic areas of Vtrgtnta Beach, tt ts tmperattve that the residents and bustnesses on the race course be gtven as much tnformatton as possible Dave McGtlhvray, Race Dtrector for the world's oldest and most presttgtous marathon, the Boston Marathon, wtll serve as the Race Dtrector Mr McGtlhvray has dtrected or consulted over 600 sporttng events throughout the Umted States Mr McGtlhvray beheves the economtc tmpact could be between $8 to $9-MILLION However, the runners have been hmtted to determtne any problems The Neptune Festtval offictals beheve the tmpact will between $6 to 8-MILLION range October ts tradtttonally the soft month at the beachfront from a tax revenue, hotel/motel and restaurant occupancy area May 28, 2002 -I8- CITY MANA GER 'S BRIEFING TRIGON M~IR/I THON PUBLIC S~IFE TY ~IND TR~4FFIC PLAIN ITEM # 49653 (Continued) Mrs Creech advtsed wtth Trtgon as the tttle sponsor, there ts a televtston package Whtt Colhns, advtsed the Marathon has partnered wtth the Outdoor Life Network (Channel 34 tn thts markeO The event wtll be filmed and shown prtme trine, both East and West Coast at least twtce, premtertng on November Thtrteenth Thts Network reaches 50-MILLION households Deputy Chtef Cervera advtsed 154police officers wtth supervtsors should be required Through shtfttng of squads and utthzatton of overttme, this would not affect coverage on the streets etther Friday or Saturday ntght The Ctty would compensate the overtime Mrs Creech advtsed her organtzatton has been very successful tn securtng wtlhng and dependable volunteers They are revtewtng the posstbthty of utthztng school crosstng guards A Plan B wtll be developed tn the event of severe weather con&ttons t e Hurrtcane May 28, 2002 - 19- AGENDA RE VIEW SESSION 4:57P. M. ITEM # 49654 K 1 Ordtnance to AMEND 3~ 33-114 3 of the Ctty Code re sidewalks tn the B-3A Pembroke Central Business Core District. Counctl Members Harrtson, Jones and Sessoms wtll ABSTAIN on thts ttem Stephen Whtte, Planntng, advtsed the proposed etght foot dtmenston ts a mtntmum standard and the greater stdewalk wtdths would be provtded, where approprtate Etght feet must be matntamed at all ttmes to ensure pedestrtan passage Counctl Lady Parker referenced the outdoor card on Columbus Street and tnqutred whether part of that stdewalk would be lost Mark Wawner, Economtc Development, advtsed a 32-foot stdewalk ts tn front of Columbus Stx, the Alltel Bmldtng There will be an addtttonal I 2 feet of right-of-way to wtden and an addmonal lane for Columbus Street tn the future It wtll not happen for several years, however, that will leave a 20-foot stdewalk This 8-foot reductton ts for the clear space to allow pedestrtans to walk Thts 20-feet encompasses street hghts, street furntture, landscapzng trees and trash receptacles ITEM # 49655 K2 Ordtnance to A UTHORIZE acqutsttton of property tn fee stmple re rtght-of -way for Norfolk Avenue Multi-Purpose Trail by either agreement or condemnatton Councdman Branch advtsed the groundbreaktng ceremony for the Norfolk Avenue btke trad ts Thursday, June 20, 2002, at 9:30 A.M. at the intersection of Norfolk and Cyprus Avenue. Jtm Lawson, Real Estate, advtsed the Ctty hopes condemnatton wtll not be necessary', however past expertence with thts parttcular landowner has not been favorable Mr Lawson advtsed the dtstance from the front door of the home fronttng on Norfolk Avenue to the trad ts 23feet ITEM # 49656 L 1 Resolutton replan offinanctngfor Phase I of the Town Centerproject wtth the Development Authority dated I June 2002 a Support Agreement (draft dated 20 May 2002) b Agreement of Trust (draft dated 20 May 2002) c Ftrst Supplemental Agreement of Trust (draft dated 20 May 2002) d Bond Purchase Agreement (draft dated 22 May 2002) The City Attorney chstrtbuted an amended Resolutton nottng the garage as an authortty facthty Mr Wawner advtsed deff Grtffin ts worktng on the cost allocatton The final report should be tssued wtthtn two weeks Thts wtll be forwarded to City Councd prtor to closmg on the garage Mr Grtffin provtded a report for the month of Aprtl Mr Wawner wtll provtde thts tnformatton to Ctty Counctl today Counctlman Harrtson expressed concern relattve no pertmeters on the spht between tax exemptton and taxable bonds Counctlman Harrtson tnqutred as to what gutdance the Ctty Manager ts recetvtng relattve thts spht Mrs Phtlhps advtsed the staff ts esttmattng approxtmately $4-MILLION taxable and the balance tax exempt, however, thts depends upon the relationship of costs identified to the total project before a final determtnatton can be made The Offictal Statement would not be released unttl tt ts determtned whtch ts taxable and whtch ts tax exempt Counctlman Harrtson beheves there should be some cethng ltmtt deptcted tn Paragraph 4, page 2 Mrs Phtlhps advtsed the amount of taxable debt mt#hr be governed by thmgs whtch may not be able to be changed She can provtde an esttmate of approxtmately $6-MILLION The Ctty Attorney wtll provtde a further revtsed Resolutton May 28, 2002 - 20- AGENDA RE VIE W SESSION ITEM # 49657 BY CONSENSUS, the followtng shall compose the CONSENT AGENDA: ORDINANCES/RES OL UTION K1 Ordmance to AMEND ~ 33-114 3 of the City Code re sidewalks tn the B-3A Pembroke Central Business Core District. K2 Ordtnance to AUTHORIZE acqutsttton of property tn fee stmple re rtght-of -way for Norfolk Avenue Multi- Purpose Trail by etther agreement or condemnatton K3 Ordtnance to AUTHORIZE the Ctty Manager to execute a Deed of Release and Exchange re Agricultural Lands Preservation easement on Baum Road (PRINCESS ANNE - DISTRICT 7) K 4. Ordtnances to AUTHORIZE temporary encroachments Ctty's dratnage easement by ROBERT J. and LA UREN L. WEINBERG to construct/matntatn a wharf and bulkhead at 2401 Brasdeno Drtve (PRINCESS ANNE- DISTRICT 2) Ctty's right-of-way by HOWARD N. and KA THLEEN A. WEINBERG to construct/matntatn a wharf and bulkhead at 2064 Tazewell Road (PRINCESS ANNE - DISTRICT 2) Ctty's rtght-of-way by PHILIP J. GEIB to construct/matntatn a wharf and bulkhead at 2084 Tazewell Road (PRINCESS ANNE - DISTRICT 2) Ctty's right-of-way of South/North Kentucky Avenue and Southern Boulevard by CHARLES and SUSAN L. BARKER to construct/matntatn two (2) communtcatton cables (ROSE HALL- DISTRICT 3) K2. Resolutton re parttctpatton of Chesapeake Bay Alcohol Safety Action Program (CBASAP) tn the Vtrgtnta Rettrement System L1 Resolutton re plan of financtng for Phase I of the Town Center project wtth the Development Authortty dated 1 June 2002 a Support Agreement (draft dated 20 May 2002) b Agreement of Trust (draft dated 20 May 2002) c Ftrst Supplemental Agreement of Trust (draft dated 20 May 2002) d Bond Purchase Agreement (draft dated 22 May 2002) Vtce Mayor Sessoms and Council Members Jones and Harrtson wtll ABSTAIN on Item K 1 and L l a/b/c/d Item L 1 a/b/c/d wtll be ADOPTED, B Y CONSENT, AS REVISED May 28, 2002 - 21 - AGENDA RE VIE W SESSION ITEM # 49658 M 1 Apphcatton of ROBERT F. THOUROT for the enlargement ora non-conforming use to reconstruct the extsttng duplex and add a second story to the rear untt at 2254 Maple Street, contatmng 7, 500 square feet (DISTRICT 4 - P,A YSIDE) (DISTRICT 5 - Z YNNHA VEN) Stephen Whtte, Planmng, advtsed a condttton has been added so the deck ts not approved Mr Scott advtsed the City does not beheve enlargement of non conformmg uses should be allowed by a BZA Vartance Counctlman Jones wtll ABSTAIN on thts ttem ITEM # 49659 M 3 Apphcatton of DOMINION CHRISTIAN CENTER for a Con&ttonal Use Permtt re a church on the north stde of Lynnhaven Parkway, east of Round Htll Road (2159 Lynnhaven Parkway, contatntng 1 68 acres (CENTER VILLE- DISTRICT 0 Counctl Lady Eure advtsed a sign tndtcattng the Condtttonal Use Permtt has been posted Counctl Lady Eure requested Con&tton No 1 be AMENDED: Foundatton landscaptng shall be tnstalled and maintained tn planters along at least fifiy (50) percent of the frontage of the butldtng that faces Lynnhaven Parkway Counctl Lady Eure expressed concern that every weekend durtng the year no other tenant can park tn the parktng spaces Mr Whtte wtll clartfy wtth the other tenants ITEM # 49660 M 4 Apphcattons of CHECKERED FLAGMOTOR CAR CO., for Condtttonal Use Permtts re automobile rentals at the southeast corner of Vtrgtnta Beach Boulevard and Clearfield Avenue (5225 Virginia Beach Boulevard), containing 9 92 acres (KEMPSVILLE - DISTRICT 2) re off-site employee parking and automobile storage on the east stde of N Lynnhaven Road, north of Mustang Tratl (216 N Lynnhaven Road), contammg 1 15 acres (B A - D rSrRicr 6) Con&tton 1 of M 4 b shall be AMENDED to read The stte shall be developed substantially tn accordance wtth the site plan dated January 15, 2002 prepared by MSA Inc exhtbtted to Ctty Counctl and on file tn the Department of Planntng "Street frontage landscaping shall match the street frontaIle landscaping of the site to the south (Beach Ford)." Mr Whtte shall confer wtth the apphcant relattve the amendment May 28, 2002 - 22 - AGENDA RE VIE W SESSION ITEM # 49660 M5 Apphcatton of A TLANTIC ENTERPRISES, INC., for a Condtttonal Use Permtt re a commercial parking lot at the southwest corner of Atlanac Avenue and 30th Street (2906 Atlanttc Avenue), contatmng 36,120 square feet (BEA CH- DISTRICT 6) The following condttton shall be AMENDED Street frontage landscaping aiid ti-deriorcovcrage [aimq¥apiitg shall be tnstalled tn accordance wtth the Stte Plan Ordmance, Sectton 5A, by the end of 2002 or the lot shall comply with the provisions of the amended section 23-58 should those amendments be adopted by the City Council in 2002. Councd Lady Parker wall ABSTAIN ITEM # 49661 M9 Apphcatton of VIRGINIA BEACH S.P.C.A., for a Condtttonal Use Permtt re an animal shelter on Parcel A- 1, BowRtver, (3040HollandRoad), contatmng 2 65 acres (PRINCESS ANNE - DISTRICT 7) Councd Lady Eure tnqutred as to why the dog runs are to be utthzed only as areas for potenttal patrtng of pets and owners Mr Whtte wdl confer with the apphcant relattve thts condttton ITEM # 49662 B Y CONSENSUS, the followtng shall compose the PLANNING B Y CONSENT AGENDA: MI Apphcaaon of ROBERT F. THOUROT for the enlargement of a non-conformtng use to reconstruct the extsttng duplex and add a second story to the rear untt at 2254 Maple Street, contatntng 7,500 square feet ,.,-, ~o,,,,-, ~,-,,,, r, ~ ,,o,r, ,,,. ~ (DISTRICT 5 - L YNNHA VEN) M2 Apphcatton of SUNKIST C. FARRELLI for the enlargement of a non-conformtng use to renovate the extsttng duplex tnto a stngle famdy home at 305 26th Street, contatmng 2, 450 square feet (DIStRICt 6 - BEA CH) M3 Apphcatton of DOMINION CHRISTIAN CENTER for a Condtttonal Use Permtt re a church on the north stde of Lynnhaven Parkway, east of Round Hdl Road (2159 Lynnhaven Parkway, contatnmg 1 68 acres (CENTER VILLE- DISTRICT 1) M 4 Apphcattons of CHECKERED FLAGMOTOR CAR CO., for Condtttonal Use Permtts re automobile rentals at the southeast corner of Vtrgtnta Beach Boulevard and Clearfield Avenue (5225 Vtrgmta Beach Boulevard), contammg 9 92 acres (KEMPSVILLE - DISTRICT 2) re off-site employee parking and auWmobile storage on the east stde of N Lynnhaven Road, north of Mustang Tratl (216 N Lynnhaven Road), contammg 1 15 acres (BEA CH- DISTRICT 6) May 28, 2002 M5 M6 M7 M8 M9 - 23 - AGENDA RE VIEW SESSION ITEM # 49662 (Continued) Apphcatton of A TLANTIC ENTERPRISES, INC., for a Condtttonal Use Permtt re a commercial parking lot at the southwest corner of Atlanttc Avenue and 30th Street (2906 Atlanttc Avenue), containing 36, ]20 square feet (B£A CH- DIStRICt 6) Apphcatton of 7-ELEVEN, INC., for a Conchttonal Use Permtt re fuel sales tn conjunctton wtth a convenience store at the southwest corner of Laskm Road and Vtllage Drtve, contatmng I 085 acres (BEA CH- DiStRict 6) Apphcatton of THIRTY-SEVEN-O1 ASSOCIATES, L.L.C., for a Con&ttonal Use Permtt re Drive-Thru Window (Bank) on lots 4 & 5, block 87, Vtrgmta Beach Development Co (3701 Pactfic Avenue), containing 15,120 square feet (BEACH- DISTRICT 6) Apphcatton of VOICE STREAM for the modtficatton of condtttons approved February 10, 1998, on the apphcatton for a communication tower at 409 First Colomal Road (BEA CH - DISTRICT 6) Apphcatton of VIRGINIA BEACH &P.C.A., for a Condtttonal Use Permtt re an animal shelter on Parcel A- 1, Bow Rtver, (3040 Holland Road), contatnmg 2 65 acres (PRINCESS ANNE - DISTRICT 7) Councdman Jones wtll ABSTAIN on Item M 1 Item M 2 wtll be DEFERRED INDEFINITEL Y, BY CONSENT Items M 3, M 4 and M 5 wtll be APPROVED, BY CONSENT, wtth AMENDED CONDITIONS Counctl Lady Parker wtll ABSTAIN on Item M 5 Counctlman Harrtson wtll ABSTAIN on Item M 6 May 28, 2002 - 24 - CITY COUNCIL COMMENTS 5:15 P.M. ITEM # 49663 Counctl Lady Eure referenced the dtscusston durtng the City Counctl Sesston of May 14, 2002, relattve the "litter" boxes contatntng adverttstng at the Oceanfront and advtsed these boxes are prohferattng hke fleas Mr Lambert advised chscusston wtth the Ctty Attorney relattve thts ttem Steve Thompson, Chtef Ftnanctal Officer, ts coordtnattng wtth the media relattve these boxes They wtll not be "grand fathered" Counctl Lady McClanan referenced the boxes tn front of the 7-11, rtght at City Hall Council Lady McClanan does not wtsh revtew She wants actton t The Ctty Attorney advtsed adverttstng tn the form of sohcttatton of ttme shares as they walk along ts not permttted Informatton contatned tn the "news boxes" deals wtth commerctal and non-commerctal Ftrst Amendment matertal and can be regulated as to time, place and manner The City Attorney advtsed an Ordtnance ts betng prepared ITEM # 49664 Counctl Lady Parker wtshed to extend an "at-a-boy" relattve the gorgeous appearance of the Beachfront Counctl Lady Parker relayed the comments of several tndtvtduals who comphmented the colorful detatled landscaptng and cleanhness Counctlman Branch advtsed the appearance affects the behavtor of tndtvtduals They tend to act ntcer Vtce Mayor Sessoms echoed the senttments and referenced the many ktnd comments he had recetved relattve the Beachfront ITEM # 49665 Mayor Oberndorf advtsed a gentlemen on pubhc radto and televtston tn Chtcago came thts weekend wtth his son Hts son wtll be rtdtngfrom the Atlanttc Ocean across the Untted States to the Pactfic At dtnner, he comphmented Virginia Beach's wonderful "family" resort The entertamment on the street ts similar to Europe's where the famthes are encouraged to attend He comphmented the stgns "wtth the red hne through tt" tndtcattng approprtate behavtor He advtsed the Mayor that he would advtse everyone tn Chtcago, "l/trgtnta Beach ts the desttnatton to choose for a vacatton" He comphmented the streetscapes and the boardwalk ITEM # 49666 Counctl Lady Parker advtsed the Bond Prospectus contatns valuable tnformatton whtch mtght be utthzed tn the Retreat Employment by sector and percentage of total was referenced Servtce and trades encompass approxtmately 63% of the total employment centers tn the City EDIP funds mtght be revtewed and what ts betng funded There are some trends whtch mtght need to be constdered and adjustments dtscussed The htghest employment centers are also hsted tn the Bond Prospectus Vtce Mayor Sessoms also referenced the encouragtng economtc analysts correspondence of the Ctty Manager May 28, 2002 - 25 - ITEM # 49667 Mayor Meyera E Oberndorf , called to order the INFORM,IL SESSION of the VIRGINIA BE,ICH CITY COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldmg, on Tuesday, May 28, 2002, at 5 22 PM Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, ,Ir, Barbara M Henley, Louts R clones, Reba S McClanan, Robert C Man&go, ,Ir, Mayor Meyera E Oberndorf, Nancy K Parker, lZtce Mayor Vgdham D Sessoms, dr and Rosemary I~tlson Counctl Members Absent None May 28, 2002 - 26- ITEM # 49668 Mayor Meyera E Oberndorf entertatned a motton to permtt Ctty Counctl to conduct tts CLOSED SESSION, pursuant to Section 2 1-344(A), Code of Vtrgtnta, as amended, for the followtng purpose PERSONNEL MA TTERS Dtscusston, constderatton or tntervtews of prospective can&dates for employment, assignment, appomtment, promotton, performance, demotton, salartes, dtsctphntng, or restgnatton of spectfic pubhc officers, appomtees, or employees pursuant to Section 2 1-344 (A) (1) To l/Vtt Appotntments Boards and Commissions Chesapeake Bay Alcohol Safety Actton Program Communtty Servtces Board Development Authortty Eastern Vtrgtnta Me&cai School Jamestown 2007 Anniversary Steering Commtttee Review of Counctl Appotntees 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 bargatntng posttton or negottattng strategy of the pubhc body pursuant to Sectton 2 1-344(A)(3) Acqutsttton of Property -Prtncess Anne Dtstrtct Cox Cable Franchtse Upon motion by Vtce Mayor Sessoms, seconded by Counctl Lady Parker, Ctty Counctl voted to proceed into CLOSED SESSION. Note The Ct ty Attorney corrected the references above to tnclude "Cox Cable Franchise "under the LEGAL definttton tn the Vtrgtnta code section 2 1-344 (A)(7) Vottng 11-0 Counctl Members gottng Aye Ltnwood 0 Branch, III, Margaret L Eure, }Ytlham I/V Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, l/'tce Mayor Wtlham D Sessoms, Jr and Rosemary Wilson Counctl Members Vottng Nay None Counctl Members Absent None (Time of Closed Session: 5:23 P.M. - 6:08 P.M.) May 28, 2002 -27- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL May 28, 2002 6:11 P.M. Mayor Meyera E Oberndorf, called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Butldtng, on Tuesday, May 28, 2002, at 6 11 P M Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wtlliam W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E OberndorJ, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Absent None INVOCATION Reverend Jtm Tongue Vtrgtnta Beach Untted Methodtst Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vtce Mayor Sessoms, betng a Corporate Officer of Wachovta Bank, DISCLOSED the only 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 Nattonal Bank ts K 1 B-3A Pembroke Central Bustness Core Dtstrtct and I l a/b/c/d Town Center 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 May 28, 2002 Item V-E. - 28 - CER TIFICA TION OF CLOSED SESSION ITEM # 49669 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Harrison, Ctty Councd CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS (AS CORRECTED, B Y THE CITYA TTORNEY*). Only pubhc bustness matters lawfully exempted from Open Meettng requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch thts certtficatton resolutton apphes, AND, Only such pubhc busmess matters as were tdenttfied tn the motton convening the Closed Session were heard, discussed or constdered by Vtrgtnta Beach Ctty Counctl *The Ctty Attorney advtsed Cox Cable Franchtse had been hsted under Pubhcly Held Property, st should be properly be placed under LEGAL MA TTERS Consultatton wtth legal counsel or brtefings by staff members, consultants, or attorneys pertatmng to actual or probable httgatton, or other spectfic legal matters requesttng the provtston of legal advice by counsel pursuant to Section 2 1-344(A)(7) Cox Cable Franchtse Vottng 11-0 Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Councd Members Absent None May 28, 2002 OUR #~~°~ 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 # 49668, page 26, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2 2-3711(A) of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution apphes; and, (b) only such pubhc business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Vlrglma Beach City Council. Ruth Hodges Smith, MMC City Clerk May 28, 2002 Item V-F. 1. - 29- MINUTES ITEM # 496 70 Upon motton by Vtce Mayor Sessoms, seconded ed by Councilman Man&go, Ctty Counctl APPROVED the Mtnutes of the INFORMAL AND FORMAl, SESSIONS of May 14, 2002. Vottng 11-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wilson Counctl Members Vottng Nay None Counctl Members Absent None May 28, 2002 Item VI-G.I. - 30- ADOPT AGENDA FOR FORMAL SESSION ITEM # 496 71 AGENDA FOR THE FORMAL SESSION May 28, 2002 Item VI-H. 1. - 31 - PROCLAMATION ITEM # 496 72 Mayor Oberndorf PROCLAIMED: MA Y 20-26, 2002 The Virginia Beach Foundation Week The Vtrgtnta Beach Foundatton ts the only Vtrgtnta Beach based commumty Foundatton servtng Vtrgtnta Beach as well as the Greater Hampton Roads communtty The Mission ts to sttmulate a sense of phtlanthropy tn the communtty, toprovtde a vehtcle and a servtce to donors with vartous interests, to respond to changtng and emergtng communtty needs, now and tnto the future, and, to serve as a resource, broker, catalyst and leader tn the communtty The Vtrgtnta Beach Foundatton has worked stnce lts foundmg in 1987, to improve our communtty's Quahty of Ltfe awardmg more than $2-MILLION in grants to over 340 nonprofit agencies, programs and organizations The Vlrgmla Beach Foundation is celebrattng tts 15h Anntversary in 2002 Dtck Clarkson ACCEPTED with appreciation the PROCLAMATION Mr Clarkson advised the Foundation has $10-MILLIONln assets Thls year $345,000 was awarded in reglonal grants, seventy-four (74) of which were in Virginia Beach Chair Goodman has established a new projects commtttee tn an attempt to bring together diverse groups to handle at-rlsk youth A Ttdewater Scholarship Foundation has been established and endeavors are being made for the elementary level Mr Clarkson expressed appreclatton to the Mayor for requesting assistance for a critically lll youngster at Seatack Elementary School who destreD a computer This ts what the Foundatton ts all about May 28, 2002 Item VI-I. 1. - 32- PRESENTATION ITEM # 496 73 Mayor Oberndorf PRESENTED the ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING to Patricia Phillips Director -Finance The Certtficate of Achtevement for Excellence tn Ftnanctal Reporttong ha been awarded to the City by the Government Fmance Officers Assoctatton of the United States and Canada (GFOA) for tts comprehenstve annual financtal report (CAFR) The certtficate ts the highest form of recognttton tn the area of governmental accounttng and financtng receptton, and tts attatnment represents a stgntficant accomphshment by a government and tts management Vtrgtnta Beach has earned thts certificate every year smce 1981 Mrs Phtlhps expressed apprectatton to all members of Ftnance Thts ts truly an tnter-departmental effort Patrtcta Phdhps was accompanted by Robert Hays - Comptroller and Don Barnett - Assistant Comptroller May 28, 2002 - 33 - Item VI-I. 1. PUBLIC COMMENT ITEM # 496 74 Mayor Oberndorf DECLARED THE PUBLIC COMMENT PERIOD OPEN Local and State Combined Vehicle Registration The following regtstered tn SUPPORT Phtl Kellam, Commtsstoner of Revenue, Phone 42 7-4251, Vtrgtnta Beach ts the first governtng body tn the State to constder this combtned vechtcle regtstratton R L "Buddy" Rtggs, 500 Wtnston Salem Avenue Apartment 408, Phone 428-1220 Carolyn Halstead, Deputy Commtsstoner, 5476 Morrts Neck Road, Phone 426-5333 Sharon Courtney, Supervisor of Personal Property Division -Commtsstoner of Revenue, 3529 Muddy Creek Road, Phone 426-7398 Jason M Branche, 2413 Jenan Road, Student at Cox Htgh School, former page tn General Assembly, presented 50 pages of pettttons tn opposttton to the ctty sttcker and support of the local and state combtned vehtcle resgtstratton Thomas Addenbrook, 304 Westwood Ctrcle, Phone 4363-0999 Susan Lee, 117 West Bay Avenue, Phone 587-9020 Attorney Henry Howell, 207 66th Street, Phone 425-6733 Steve Kremers, 2261 Hatton Street, Phone 412-2212 Ralph M Partham II, 5509 Carol Anne, Phone 49-9599 Charley Conrad, 5513 New Colony Drtve, Phone, 366-0871 Scot Walthall, 98 Holly Crescent, Phone 422-1146 Tony Zonttnt 209 69'h, Phone 425-7360 Ertc Schmudde, Chtef Deputy Commtsstoner of Revenue, 917 Old Domtnton Lane, Phone 425-8554 Steve Owen, 1816 Settlers Landtng, Phone 4217-3641 The followtng spoke tn OPPOSITION: Bernard J Byrne, 2728 Esplanade Court, Phone 430-0571 There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC COMMENT May 28, 2002 Item VI K/L. - 34- ORDINANCES/RES OL UTIONS ITEM # 49675 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Man&go, Ctty Counctl APPROVED IN ONE MOTION, Or&nances I, 2, 3, 4a/b/c/d and Resolutton 1 (AS REVISED) and 2 of the CONSENT AGENDA. Item L 1 wtll be REVISED, BY CONSENT. Vottng 11-0 (By Consent) CounctI Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, dr, 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 Vtce Mayor Sessoms, Counctlman Harrtson and Jones wtll ABSTAIN on Item K 1 and L 1 May 28, 2002 Item VI-K. 1. - 35 - ORDINANCES/RES OL UTIONS ITEM # 496 76 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Man&go, Ctty Counctl ADOPTED: Or&nance to AMEND ~ 33-114 3 of the Ctty Code re sidewalks tn the B- 3A Pembroke Central Business Core District. Vottng 8-0 (By Consent) Counctl Members Vottng 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 Wtlson Counctl Members Vottng Nay None Council Members Abstatntng Wdham W Harrtson, Jr , Louts R Jones, Vtce Mayor Wtlham D Sessoms, Jr Counctl Members Absent None Counctlman Harrtson DISCLOSED and ABSTAINED as hts law firm represented the developer's lender tn conjunctton wtth the Town Center project Counctlman Jones DISCLOSED andABSTAINED as he has an ownershtp tnterest tn Resource Bank, whtch exceeds three percent of tts total equity Resource Bank has entered into a parttctpatton agreement wtth Monarch Bank for a hne of cre&t 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 ss tn negottattons to lease a new butl&ng at the Town Center Vtce Mayor Sessoms DISCLOSED and ABSTAINED as he ss an officer of Wachovta Bank whtch recently merged wtth Ftrst Unton NattonaI Bank Wachovta Bank has provtded financtngfor the Town Centerproject May 28, 2002 AN ORDINANCE TO AMEND AND REORDAIN SECTION 33-114.3 OF THE CITY CODE PERTAINING TO SIDEWALKS IN THE B-3A PEMBROKE CENTRAL BUSINESS CORE DISTRICT SECTION AMENDED' ~ 33-114.3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 33-114.3 of the City Code is hereby amended and reordained to read as follows: Sec. 33-114.3. Administrative approval of certain encroachments within the B-3A Pembroke Central Bus~ness Core District. Notwithstanding the provisions of section 33-114.1 of this Code, the city manager or his designee may, and is hereby vested with the authority to, approve the encroachment, upon or over any public street or sidewalk in the B-3A Pembroke Central Business Core District, of outdoor cafes or portions thereof or other storefront uses, provided at least ten (I0) eiqht (8) feet of sidewalk width with eight (8) or more feet of vertical clearance remains unobstructed along such encroachments. Such encroachments must conform with all applicable zoning and building codes, regulations and standards. 24 25 Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of May, 2002. CA-8412 wmm\ ordre s k 33 - 144 - 3ordin. wpd R-1 March 21, 2002 Item VI-K.2. - 36- ORDINANCES/RES OL UTIONS ITEM # 49677 Upon motion by Vice Mayor Sessoms, seconded by Councilman Man&go, Ctty Council ADOPTED: Or&nance to AUTHORIZE acqutsttton of property tn fee stmple re rtght- of-way for Norfolk Avenue Multi-Purpose Trail by etther agreement or condemnatton Votmg 11-0 (By ConsenO Council Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, .Ir, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, .Ir and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None May 28, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR NORFOLK AVENUE MULTI-PURPOSE TRAIL, CIP 4- 001 BY EITHER AGREEMENT OR CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this project to provide a safe and attractive pedestrian and bicycle trail from Birdneck Road to Pacific Avenue via Norfolk Avenue for the welfare of the people in the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: ~' Section 1. That the City Council authorizes the acquisition by purchase or condemnation pursuant to Sections 15.2-1901, et seq., Code of Virginia of 1950, as amended, of all that certain real property in fee simple, now owned by Sea Bay Development Corporation and known as GPINS 2427-14-2347 and 2427-14-1347 (collectively the "Property") as shown on the plans entitled "NORFOLK AVENUE MULTI-PURPOSE TRAIL, CIP 4-001" (the "Project"), and more specifically described on the acquisition plats for the Project (collectively the "Plans"), the Plans being on file in the Engineering Division, Department of Public Works, City of Virginia Beach, Virgmia. Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in the Property. If refused, the City Attorney is hereby authorized to institute proceedings to condemn the Property. Adopted by the Council of the City of Virginia Beach, Virginia, on the2 8 th day of i~av ,2002 APPROVE AS T . CONTENT ! DEPARTMENT APPROVED AS TO LEGAL sumcl Cv CITY ATTORNEY PINEWOOD DR~ SCALE 1"=1600' LOCATION MAP ', ", ~~ 2427 ~1347 ~x- - 'x~.ZZ.ZZZ~ZZ~ ................ ,",',',',',",,' " '.'.'.'. ' '"i ..... [ .... ~ NORFOLK AVE~ [OCAIIOS ~P SHOWING RIGHT-O[-WAY 10 BI ACQUIR[D FOR PROPOS[~ ~O~FO[K AV[SU[ 1~![ C.I.P. 4-001 S~[[: 1' ~ 50' PREPARED BY P/W ENG. CADD BUREAU 5-14--02 Item VI-K 3 -37- ORDINANCES/RESOL UTIONS ITEM # 49678 Upon motton by Vice Mayor Sessoms, seconded by Councdman Man&go, Ctty Councd ADOPTED: Orchnance to AUTHORIZE the Ctty Manager to execute a Deed of Release and Exchange re Agricultural Lands Preservation easement on Baum Road (PRINCESS ANNE - DISTRICT 7) Votmg 11-0 (By ConsenO Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, dr, Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wdson Councd Members Vottng Nay None Councd Members Absent None May 28, 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 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A DEED OF RELEASE AND EXCHANGE PERTAINING TO AN AGRICULTURAL LANDS PRESERVATION EASEMENT ON LAND LOCATED ON BAUM ROAD, IN THE PRINCESS ANNE DISTRICT WHEREAS, on August 6, 1997, the City of Virginia Beach (hereinafter "the City") and John A. Baum, Wesley L. Baum, Marshall ?. Baum, Glenn Clark Baum, Jean Baum Brown and Charlotte Baum Ives (hereinafter the "Sellers") entered into Installment Purchase Agreement Number 1997-11, whereby the City acquired an Agricultural Lands Preservation Easement (hereinafter "Preservation Easement") upon certain property owned by the Sellers; and WHEREAS, as part of the aforesaid transaction, the Sellers reserved for future development two future building sites, each having an area of 3.0 acres, more or less, such that the Preservation Easement does not encumber the said reserved sites; and WHEREAS, Edward Evans and Stacey E. Rowland, the successors in title to the Sellers, desire to exchange an area of land not encumbered by the Preservation Easement for an approximately equal area of land which is to be encumbered by the Preservation Easement, as shown on the attached "Preliminary Subdivision Plat of the ROWLAND AND EVANS FARM (BAUM ROAD);" and WHEREAS, pursuant to Section 11 of the Agricultural Lands Preservation Ordinance ("hereinafter "Ordinance"), a landowner may petition the City Council for the extinguishment of a Preservation Easement in exchange for the conveyance to the city of a Preservation Easement on a different portion of the landowner's property, under certain conditions set forth in the Ordinance; and 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 WHEREAS, the Ordinance provides that the City Council shall approve such an exchange if it makes certain findings enumerated in the Ordinance; and WHEREAS, the City Council does hereby make such findings, to-wit' (1) the acquisition of the proposed Preservation Easement in lieu of the existing Preservation Easement does not adversely affect the City's interests in accomplishing the purposes of the Ordinance; (2) the proposed Preservation Easement area meets all of the eligibility requirements set forth in Section 7 of the Ordinance; (3) the land to be encumbered by the proposed Preservation Easement is of at least equal fair market value, is of greater value as permanent open space, and of as nearly as feasible equivalent usefulness and location for use as permanent open-space land as the property on which the existing Preservation Easement is located; and (4) the consideration for the acquisition of the new Preservation Easement consists solely of the extinguishment of the existing Preservation Easement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That subject to the determination of the City Attorney that there are no defects in title to the property to be placed under the Preservation Easement or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, the City Manager be, and hereby is, authorized and directed to execute a Deed of Release and Exchange pursuant to which the City releases the existing Preservation Easement on a portion of the property, as 65 66 67 68 69 shown on the aforesaid "Preliminary Subdivision Plat," and acquires, in exchange therefor, land equal in area to be placed under the Preservation Easement, as shown on such Plat. Adopted by the City Council of the City of Virginia Beach, Virginia, on this2J~t/lday of May , 2002. CA-8470 wmm\ordres \evans & rowlandordin, wpd May 9, 2002 R-1 APPROVED AS TO CONTENT' APPROVED AS TO LEGAL SUFFICIENCY' Cit~ Attorn~y"s Office f -'N - L Item VI-K 4a - 38- ORDINANCES/RESOL UTIONS ITEM # 496 79 Upon motton by Vtce Mayor Sessoms, seconded by Councilman Man&go, Ctty Counctl ADOPTED: Or&nance to AUTHORIZE temporary encroachments Ctty's drainage easement by ROBERT J. and LA UREN L. WEINBERG to construct/matntatn a wharf and bulkhead at 2401 Brastleno Drtve, subject to, PRINCESS ANNE - DISTRICT 2) The followtng con&ttons shall be required The temporary encroachment shall be constructed and matntatned tn accordance wtth the laws of the Commonwealth of Vtrgtnta and the City of Vtrgtnta Beach and tn accordance wtth the Ctty's spectficattons and approval as to stze, ahgnment and locatton The temporary encroachment shall termtnate upon nottce by the Ctty to the apphcant and, wtthtn thtrty (30) days after such nottce ts given, the temporary encroachment must be removed from the encroachment area by the apphcant and the apphcant wtll bear all costs and expenses of such removal The apphcant shall tndemntf-y and hoM 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 temporary encroachment Nothtng heretn contatned shall be construed to enlarge the permtsston and authortty to permtt the matntenance or construction of any encroachment other than that spectfied herein and to the hmtted extent spectfied heretn, nor to permtt the matntenance and constructton of any encroachment by anyone other than the apphcant 5, The apphcant agrees to matntatn the temporary encroachment so as not to become unstghtly or a hazard The apphcant must obtatn a permtt from the Office of Development Servtces Center /Planntng Department prior to commenctng any constructton wtthtn the encroachment area The apphcant agrees that prtor to tssuance of a rtght-of-way permtt, the apphcant must post sureties, tn accordance wtth the Engtneer's cost esttmate, to the Office of Development Servtces Center /Plannmg Department The apphcant shall obtatn and keep tn force all rtskproperty msurance and general habthty or such insurance as ts deemed necessary by the City, and all tnsurance pohctes must name the Ctty as ad&ttonal named tnsured or loss payee, as apphcable The apphcant must also carry comprehenstve general habthty tnsurance tn an amount not less than Five Hundred Thousand Dollars ($500,000), combtned stngle hmtts of such tnsurance pohcy or pohctes The apphcant must provide 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 apphcant assumes all responstbthttes and habthttes, vested or conttngent with relatton to the temporary encroachment May 28, 2002 - 39- Item VI-K da ORDINANCES/RESOLUTIONS ITEM # 496 79 (Continued) Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr, Barbara M Henley, Louts R clones, Reba S McClanan, Robert C Man&go, dr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and Rosemary Wtlson Counctl Members Vottng Nay None Council Members Absent None May 28, 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 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF A 100' DRAINAGE EASEMENT BY ROBERT J. WEINBERG AND LAUREN L. WEINBERG, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Robert J. Weinberg and Lauren L. Welnberg desire to construct and maintain a wharf and bulkhead ~nto the City's 100' dramnage easement located at the rear of 2401 Bras~leno Drive. WHEREAS, Cmty Council ~s authorized pursuant to ~ 15.2- 2009 and 15.2-2107, Code of Vmrginla, 1950, as amended, to authormze a temporary encroachments upon the City's 100' easement subject to such terms and conditions as Councml 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 mn ~§ 15.2-2009 and 15.2-2107, Code of Vmrg~nla, 1950, as amended Robert J. Wemnberg and Lauren L. We~nberg themr hemrs, assigns and successors zn t~tle is authorized to construct and ma~ntamn a temporary encroachment for a wharf and bulkhead ~n the C~ty's 100' draznage easement as shown on the map entitled: "PROPOSED PIER, BULKHEAD, IN A CANAL OF LAGOMAR VIRGINIA BEACH, VA. APPLICANT: ROBERT J. WEINBERG," a copy of which is on f~le in the Department of Public Works and to whmch reference ~s made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criterma contamned ~n the Agreement between the C~ty of V~rg~nla Beach and Robert J. Weinberg and Lauren L. We~nberg, (the "Agreement") which · s attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the Cmty Manager or hms authorized designee is hereby authorized to execute the Agreement. 34 35 36 37 38 39 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Robert J. Weinberg and Lauren L. Weinberg and the Cmty Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Vzrglnma Beach, Vzrg~nia, on the 28th day of May , 2002. 40 41 42 43 CA-% gsalmons/rweznberg/ord. R-1 PREPARED: 04.012.02 AS TO CONTENTS DEPARTMENT APPROVED AS TO LEC4%L SUFFICIENCY A~'~ORM CIT~ ~i~TORNEY ~ e // LOCATION MAP SCALE: 1" -- 1,600' ee eee · / / / / / eee · ·e 2424-02.4405 # 2~o? eee lee / / /~/// / / ? LOCATION MAP SHOWING / / ENCROACHDMENT REQUESTED BY ROBERT AN LAUREN WEINBERG ,~ \ INTO CI'[Y EASEMENT ~~ © ~ ~~ ,2401 ,,,B Ltl MJ.S. BRASILENO GAILDGN F PREPARED BY P/W ENG. DRAFT. MARCH 20, 2002 PREPARED BY VIRGINIA BEACH CITY ATYORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-811(a)(3) AND 58 1-811(c)(4) REIMBURSEMENT AUTttORIZF. D UNDER SECTION 25-249 THIS AGREEMENT, made this ~ day of ~ ,20._~_~ by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and ROBERT J. WEINBERG AND LAUREN L. WEINBERG, 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 "230" as shown on that certain subdivision map entitled "SUBDIVISION OF LAGOMAR SECTION 6, PHASE 3, PART B NOVEMBER 29, 1993" as recorded in MB 238, Page 36-39, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and being further designated and described as 2401 Brasileno Drive, Virginia Beach, Virginia 23456; and That, WHEREAS, it is proposed by the Grantee to construct and maintain a wharf and bulkhead, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City 100' drainage easement at the rear of 2401 Brasileno Drive, "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 2424-02-4405 NOW, THEREFORE, for a~d 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 the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "PROPOSED PIER, BULKHEAD, IN A CANAL OF LAGOMAR VIRGINIA BEACH, VA. APPLICANT: ROBERT J. WEINBERG," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed fi.om 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, fi.om 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 unders[ood 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 fi.om the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post sureties, in accordance with their Engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional nmned 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 Gragtee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understpod 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 ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereat~er, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Robert J. Weinberg and Lauren L. Weinberg, the said Grantee has caused this Agreement to be executed by their signature and seal duly affbted. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH (SEAL) ATTEST: By City Manager/Authorized Designee of the City Manager City Clerk Robert J. We/nberg ./~-\ / [ ~//L&uren L(,~einberg , STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,20 ,by ,, CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of~ ,20 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF ~x.c2~ e, CITY/COU~4TY Ob'~[X.~q.]~ ', to-wit: The foregoing instmmem was acknowledged before me this ,2(K2~ by Robert J. Weinberg and Lauren L. Weinberg. My Commission Expires: '--- ~lotary publid --- APPROVED AS TO LEGAL SUFFICIENCY - CITY XTTO~~'---- APPROVED AS TO CONTENT ESTATE AGENT day of I APO NORRONE APO DESJARLA! S . 2q20 ENTRADA DR. LAGOnAR SECI.T~O [00'DRAINAGE EASEMENT-- {,~B 77,PG 14) PROPOSED WHARF 8'wIDE x 16'LO.G ~ELL POINT CREEK /~'dlOE ~ ~ ~ I~CRI:I~:Jt'I~IT iti~t. IC.~TIaN 10 CITY CI:U~IL ~Ii'rTED TO pROPOSED BULKHEADI 182 LIN.FT. VICINITY RAP EDGE OF WATER (x2/96) R-Iq20'L-I~.JZ. ST,AXE [6'Rg'ruRN SELECTED TREES ,$~..TSJ~C~. (TO lie REHOVED) / ~---~ ~ ~ /'~' I PLOT PLAN 1'-30' UAT.N 56 45'09" LON.W 75 59'06' ~PZN 2q2q-02-qq05 8 ' RETURN. Exhibit "A" --. LOT 250 ~8bivts[o. OF LAGOHAR PART PURPOSE: SHORE STABILIZATION AND MOORINGS OATU~: ~Vg c~ 0.~ APPLICANT: ROBERT J.~EINBERG 2401BRASLLENO DRIVE VIRGlalA BEACH,¥A.2545~ AGENT: KEg THOMPSON 5705 BOSUN DRIVE CMESA?EAKE,VA.25521 PROPOSED PIER,BULKHEAD, 114 A CANAL OF LAGOHAR VIRGINIA BEACH,VA. APPLICANT: ROBERT J.)IEINBERG SHEET I OF 2 TYPICAL WOOD SHEET PILE BULKHEAD Z#xIO' T&G SHEET PILE 50~ PENETRATION 2"X10" CAPBOARO W/2 200 WALES, g-Z'X8' OR q'X8' 5/B'6 THRU BOLTS @ EA.PILE OR 36"oc PILES, IF NOTED, 8'~ BUTT 50I PEKETRATIO~ WEEPS ,OCES, rF NOrEO, 2"~ @ 36"OC. #3 STONE TIE RODS, 3/q'~ OGEE WASHERS ~ S'/~P' +- DC DEAD MAN, 10'~ X 72'LG OR 56'SO.ZX10' Z'LYRS EW BURIED 2q'HIN FILTER CLOTH ON ALL EXPOSED NEW SHEET 100Z RIVER SAND FILL ~II~I~SPECIFICAII~ ad. T~m CrA Z.5 ~ GaLV~IZEO TOP BLKO EL.~.O'+' MAILT FENCE, INSTALL INTAIN UNTIL GRASS STABLISHED DENUDED AREAS BY CONSTRUCTION ~ /OR BACKFILL TO BE GRADED TO ""~-~ x SLOPE, q'TOPSOIL, SEEDED C?IST.L!MITS 20'MAX ANCHOR SYSTEH ~ = O.OO TYPICAL SECTIOJ THRU BULKHEAD PROP.BLKD i(PILAL PIER CONSTRUCTION OECKING,Z"X6"; 1/q'OPEN JOIN]S 2-160 NAILS B EA JOIST JOIST, Z~X8' a 2q'(HAX) TOE NAIL EACH JOIST STRINGERS,OBL 2'X8' BOLTED ~/8"~ W/PLT WASHERS PILES, B'(HIN) BUTT DIAM. 50~ PENETRATION a HUD LINE STEPS AS REGO. E~.+5.0' ~ ~"~IOE I - ~~~~ x ~O_rro~ f f~.+~.0' PILE FUTURE DAVID/=wc ____~._~ TOP EL,+Z.O'+- SECTION THRU WHARF APPLICANT: ROBERT J.¥EINBERG zq01 BRASILENO DRIVE VIRGIdlA aEACH,VA.2Jq~6 AGENT: KEN THOMPSON ~705 BOSUN DRIVE CHESAPEAKE,VA.2~32~ PROPOSED PIER,BULKHEAD, Id A CANAL OF LAGOMAR VIRGINIA BEACH,VA. APPLICANT: ROBERT J.wEINaERG SHEET 2 OF 2 2401 BRASILENO DRIVE Back property hne East end of property looking west Property line in the rear and adjacent property owners pier Adjacent property owners p~er Item VI-K 4b - 40- ORDINANCES/RES OL UTIONS ITEM ii 49680 Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Man&go, Ctty Council ADOPTED: Ordtnance to AUTHORIZE temporary encroachments Ctty's rtght-of-way by HOWARD N. and KATHLEEN A. WEINBERG to construct/mamtatn a wharf and bulkhead at 2064 Tazewell Road, subject to, (PRINCESS ANNE - DISTRICT 2) The followtng condtttons shall be required The temporary encroachment shall be constructed and matntatned tn accordance wtth the laws of the Commonwealth of Vtrgtnta and the Ctty of Vtrgtnza Beach and tn accordance wtth the City's specifications and approval as to stze, ahgnment and locatton The temporary encroachment shall termtnate upon nottce by the Ctty to the apphcant and, wtthm thtrty (30) days after such nottce ts given, the temporary encroachment must be removed from the encroachment area by the apphcant and the apphcant wtll bear all costs and expenses of such removal The apphcant shall tndemntfy and hold harmless the Ctty, its agents and employees from and agatnst all clatms, damages, losses and expenses, tncludtng reasonable attorney's fees tn case tt shall be necessary to file or defend an action artstng out of the locatton or extstence of the temporary encroachment Nothtng herein contatned shall be construed to enlarge the permtsston and authortty to permit the maintenance or constructton of any encroachment other than that specified heretn and to the hmtted extent spectfied heretn, nor to permtt the matntenance and constructton of any encroachment by anyone other than the apphcant 5, The apphcant agrees to matntatn the temporary encroachment so as not to become unsightly or a hazard The apphcant must obtatn a permit from the Office of Development Servtces Center /Planntng Department prtor to commenctng any constructton wtthtn the encroachment area The apphcant agrees that prior to tssuance of a rtght-of-way permtt, the apphcant must post sureties, tn accordance wtth the Engineer's cost esttmate, to the Office of Development Servtces Center /Planmng Department The apphcant shall obtam and keep tn force all rtskproperty msurance and general habthty or such insurance as ts deemed necessary by the Ctty, and all tnsurance pohctes must name the Ctty as addtttonal named insured or loss payee, as apphcable The apphcant must also carry comprehenstve general habthty tnsurance tn an amount not less than Five Hundred Thousand Dollars ($500,000), combtned smgle hmtts of such tnsurance pohcy or pohctes The apphcant must provtde endorsements provtdtng at least thtrty (30) days'wrttten notice to the Ctty prtor to the cancellatton or termtnatton of or matertal change to, any of the tnsurance pohctes The apphcant assumes all responstbthttes and habthttes, vested or conttngent with relatton to the temporary encroachment May 28, 2002 - 41 - Item VI-K. 4b.. ORDINANCES/RESOLUTIONS ITEM # 49680 (Continued) Votmg 11-0 (By ConsenO 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, Vice Mayor Wtlham D Sessoms, Jr and Rosemary Wilson Counctl Members Vottng Nay None Counctl Members Absent None May 28, 2002 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 Requested by Department of Publmc Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE RIGHT-OF-WAY AT THE REAR OF 2064 TAZEWELL ROAD BY HOWARD N. WEINBERG AND KATHLEEN A. WEINBERG, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Howard N. Weinberg and Kathleen A. Weinberg, desire to construct and maintain a wood dock into the City's rights-of-way located at the rear of 2064 Tazewell Road. 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 Vmrginia, 1950, as amended Howard N. Weinberg and Kathleen A. Weinberg their heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment for a wood dock in the City's rzght-of-way as shown on the map entitled: "SITE PLAN HOWARD WEINBERG 2064 TAZEWELL ROAD VIRGINIA BEACH, VA," a copy of which is on fzle in the Department of Publmc 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 Howard N. Weinberg and Kathleen A. Weinberg, (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. 34 BE IT FURTHER ORDAINED, that this Ordinance shall not be 35 36 37 38 39 in effect untzl such t~me as Howard N. Welnberg and Kathleen A. Welnberg and the C~ty Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 day of May , 2002. 40 41 42 CA-# gsalmons/welnberg/ord. R-1 PREPARED: 05.03.02 .~,TD AS TO CONTENTS SIGNATURE DEPARTMENT APPROVED AS TO LEGAL M~qF:?L r.N B~ Y LOCATION MAP CH£S~PEAKEBAy 1 LESNER BR/DOE SITE SCALE: 1" = 1,600' / q i · · ee / / \ / \ / ¥, / SHOWING 2064 TAZEWELL RD. OWNED BY HOWARD AND KATHLEEN WEINBERG SCALE: 1'--100' eel · / / / TAZEWELLDGN MJ.S. PREPARED BY P/W ENG. DRAFT. APRIL 8, 2002 PREPARED BY VIRGINIA BEACH CI I¥ AITORNEY'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 .~-Lday of C~o(. ,20G;)~, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and HOWARD N. WEINBERG and KATHLEEN A. WEINBERG, 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 "7" as shown in block 4 that certain plat entitled "PLAT SECTION "A" OF OCEAN PARK PORTION OF THE PROPERTY OWNED BY OCEAN PARK CORPORATION" as recorded in MB 5, Pages 69&70, in the Clerk's Office ofthe Circuit Court of the City of Virginia Beach and being further designated and described as 2064 Tazewell Road, Virginia Beach, Virginia 23455; and That, WHEREAS, it is proposed by the Grantee to construct and maintain a wood dock, "Temporary Encroachmem", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Lynnhaven Promenade at the rear of 2064 Tazewell Road, "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 1489-58-6097 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 ofwhich is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of 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: "SITE PLAN HOWARD WEINBERG 2064 TAZEWELL ROAD VIRGINIA BEACH, VA," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It 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 lhnited 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 Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post sureties, in accordance with their Engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as 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 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 shah 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, Howard N. Weinberg and Kathieen A. Weinberg, the said Grantee has caused this Agreement to be executed by their signature and seal duly af~ed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk H~)ward N. Weinberg Kathleen A. Weinberg ~f STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,20 , by ., CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,20 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE CITY/COUNTY ,, to-wit: The foregoing instrument was acknowledged before me this day of ,20 o q/, by Howand N. Weinberg and Kathleen A. Weinberg. My Commission Expires: Notary Pub'lic APPROVED AS TO .C~)~ ATTORNEY APPROVED AS TO CONTENT ~TY REAL ESTATE AGENT Exhibit "A" 3'--~'TY ~¢ L~O' R/tO' ~'"r'A 6 ua6 ~'C. At.~ I"; 20' · ~ I~lLk/ ~ ¥1J~l ~l ~ MEAN LOW WATER PROPERTY OWNERS: SITE PLAN HOWARD WEINBERG 206~ TAZgW~, LL ROAD VIRGINIA BEACH, VA NEW DOCK LYNNHAVE RIVER AT: OCEAN PARK CITY: VIRGINIA BEACII, VA APPUCANT: HOWARD WEINBERG N $Ca~ I": ,.,cO MEAN LOW WATI~,R FROPERTY'OWNER,S: PIER LAYOUT AND CHANNEL LOCATION HOWARD WEINBERG 21]6~ TAZEWg. I,I. gO~ VIRGINIA BEACH, VA PI~NCPOSE: ~W DOCK LYNNHAVE R/VER AT: OCEAN PARK CITY: VIRGINIA BEACH, VA APPLICANT: HOWARD WE1N'BERG SHT olr DATE: 2064 Tazewell Road Rear of 2064 Tazewell Road and adjacent property owners pool and pier Looking north, adjacent property owners pier and boat .. ... - 42 - Item VI-K 4c ORDINANCES/RESOL UTIONS ITEM # 49681 Upon motton by Vtce Mayor Sessoms, seconded by Councilman Man&go, Ctty Council ADOPTED: Orchnance to AUTHORIZE temporary encroachments Ctty's rtght-of-way by PHILILP J. GEIB to construct/matntatn a wharf and bulkhead at 2084 Tazewell Road, subject to, (PRINCESS ANNE - DISTRICT 2) The followtng condtttons shall be requtred The temporary encroachment shall be constructed and matntatned tn accordance wtth the laws of the Commonwealth of Vtrgtnta and the Ctty of Vtrgtnta Beach and tn accordance wtth the Ctty's spectficattons and approval as to stze, ahgnment and locatton The temporary encroachment shall termtnate upon notice by the Ctty to the apphcant and, wtthm thtrty (30) days after such nottce ss gtven, the temporary encroachment must be removed from the encroachment area by the apphcant and the apphcant wtll bear all costs and expenses of such removal The apphcant shall tndemmfy and hold harmless the Ctty, tts agents and employees from and against all clatms, damages, losses and expenses, tnc[udtng reasonable attorney's fees tn case tt shall be necessary to file or defend an action artstng out of the locatton or extstence of the temporary encroachment Nothtng herein contained shall be construed to enlarge the permtsston and authortty to permtt the matntenance or construction of any encroachment other than that spectfied herein and to the hmtted extent specified heretn, nor to permtt the matntenance and constructton of any encroachment by anyone other than the apphcant 5 The apphcant agrees to matntatn the temporary encroachment so as not to become unstghtly or a hazard The apphcant must obtam a permtt from the Office of Development Servtces Center /Planntng Department prtor to commenctng any constructton within the encroachment area The apphcant agrees that prtor to tssuance of a rtght-of-way permtt, the apphcant must post surettes, in accordance wtth the Engineer's cost estimate, to the Office of Development Servtces Center / Planmng Department The apphcant shall obtain and keep tn force all rtskproperty msurance and general habthty or such insurance as ss deemed necessary by the Ctty, and all tnsurance pohctes must name the Ctty as addtttonal named msured or loss payee, as apphcable The apphcant must also carry comprehenstve general habthty tnsurance tn an amount not less than Ftve Hundred Thousand Dollars ($500,000), combtned stngle hmtts of such insurance pohcy or pohctes The apphcant must 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 apphcant assumes aH responstbthttes and habtltttes, vested or contingent wtth relation to the temporary encroachment May 28, 2002 - 43 - Item VI-K 4c ORDINANCES/RESOLUTIONS ITEM # 49681 (Continued) The Ctty, upon revocatton of such authority and permtsston so granted, may remove the temporary encroachment and charge the cost thereof to the apphcant and collect the cost tn any mannerprovtded by law for the collectton of local or state taxes, may requtre the apphcant to remove such temporary encroachment, and, pendtng such removal, the City may charge the apphcant for the use of such portton of the City's rtght-of-way encroached upon the equtvalent of what would be the real property tax upon the land so occupted tf tt were owned by the apphcant, and tf such removal shall not be made wtthtn the time specified by the City, the Ctty shall tmpose a penalty tn the sum of One Hundred Dollars ($100 00) per day for each and every day that such temporary encroachment ts allowed to continue thereafter, and, shall collect such compensatton and penalttes tn any manner provtded by law for the collectton of local or state taxes Vottng 11-0 (By ConsenO Counctl Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, I, Vtlham W Harrison, dr, Barbara M Henley, Louts R clones, Reba S McClanan, Robert C Man&go, dr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor }Ftlham D Sessoms, Jr and Rosemary ~tlson Counctl Members Vottng Nay None Counctl Members Absent None May 28, 2002 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE RIGHT-OF-WAY AT THE REAR OF 2084 TAZEWELL ROAD BY PHILIP J. GEIB, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Philip J. Gelb, desire to construct and maintain a wood dock into the City's rights-of-way located at the rear of 2084 Tazewell Road. WHEREAS, City Counczl ~s authormzed pursuant to ~ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authormze a temporary encroachments upon the C~ty's right-of-way subject to such terms and conditions as Council may pzescribe. 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 ~n ~ 15.2-2009 and 15.2-2107, Code of Virginma, 1950, as amended Ph~lmp J. Gemb hzs he,rs, assigns and successors in title is authorized to construct and maintain a temporary encroachment for a wood dock in the City's right-of-way as shown on the map entmtled: "SITE PLAN GEIB 2084 TAZEWELL RD VA BEACH, VA" a copy of whmch is on file ~n the Department of Publzc Works and to whmch reference ~s made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contamned in the Agreement between the City of Virginia Beach and Phzlmp J. Gezb, (the "Agreement") which is attached hereto and mncorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee ~s hereby authormzed to execute the Agreement. 32 BE IT FURTHER ORDAINED, that thms Ordmnance shall not be 33 34 35 36 mn effect untzl such time as Phzl~p J. Ge~b and the Cmty Manager or hms authormzed designee execute the Agreement. Adopted by the Council of the City of Virg~nma Beach, Vmrgmnma, on the 28th day of May , 2002. 37 38 39 40 CA-# gsalmons/gelb/ord. R-1 PREPARED: 04.02.02 ,~ROVED AS TO CONTENTS l DE PARTMENT APPROVED AS TO LEGAL PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-$1 l(a)(3) AND 58 I-811 (c)(4) REIMBURSEMENT AUTItORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this IQ day of ..... , 2002, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and PHILIP J. GEIB HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of the southern 37 feet of that certain lot, tract, or parcel of land designated and described as "2" in block 4 as shown on that certain plat entitled "PLAT SECTION "A" OF OCEAN PARK PORTION OF THE PROPERTY OWNED BY OCEAN PARK CORPORATION" as recorded in MB - 5, Pages 69 & 70 and being further designated and described as 2084 TazeweH Road, Virginia Beach, Virginia 23455; and That, WHEREAS, it is proposed by the Grantee to construct and maintain a wood dock, "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 the existing City's Lynnhaven Promenade right-of-way in the rear of 2084 Tazewell Road, "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachmem Area. GPIN 1489-58-6324 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 the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "SITE PLAN GEIB 2084 TAZEWELL RD VA BEACH, VA," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear aH 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 shah 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 shah 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 Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post sureties, in accordance with their Engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property ~urance 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 Encroactunent 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, Philip J. Geib, 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. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk Phi!ip J. Geib STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrumem was acknowledged before me this day of ,20 ,by ., CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of . ,20 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF The foregoing instrument was acknowledged before me this . , 2002, by Philip J. Geib. day of My Commission Expires: q '~ffZ)' ~...~ APPROVED AS TO L EGALSUFFICIENCY APPROVED AS TO CONTENT AL ESTATE AGENT SCALE 1"-1600' CHESAPEAKE BAY ITE LOCATION kIAP / / / / / · · · LOCATION MAP SHOWING 2084 TAZEWELL ROAD OWNED BY PHILIP J. GEIB SCALE: 1" = 100' PREPARED BY P/W ENG. CADD BUREAU 4-9-02 EXHIBIT "A" PURPCSE NEll PI-ER DATUM_ MEAN LOW '~/A'fER ADJACEN~ PRQPER.~'t' Q~/NERS- 2 GE)B 2'084 TAZE~'E'-LL RD 'VA BEACH, VA IN OCEAN PARK AT VA BEACH, VA A loft BY ADPLLG~*L ~ _'"~ '~I~TV,(-'~ ~-..~ ..~./~1,,¢!O0 Z DA~ 4-26-01 04 ° ~" +Ob *09 +I 9 *~0 ....... :35- lDO' (TYP) -~t +48 ~ *63 +5 3 '5 9 ~ol~,loo PURPOSE NEW PIER DATUM MEAN LOW WATER ADJACENT PROPERTY OWNERS 1 Col TE PLAN GEIB 2084 TAZEWELL RD VA BEACH, VA IN OCEAN PARK AT VA BEACH, VA APPLICATION BY DATE 4- 2084 Tazewell Road 2 lo ® 0 View from adjacent property looking south on Crab Creek Applicants property is just beyond the pier where fence is located along back property line Adjacent property owners docks / Applicants property between those two docks Fence is the back lot line of applicant (bottom right of picture) Looking north on Crab Creek Looking north on Crab Creek Item VI-K 4d - 44- ORDIN.4NCES/RESOL UTIONS ITEM # 49682 Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Man&go, Ctty Councd ADOPTED: Ordtnance to AUTHORIZE temporary encroachments Ctty's rtght-of-way of South /North Kentucky Avenue and Southern Boulevard by CHARLES and SUSAN L. BARKER to construct~maintain two (2) commumcatton cables, subject to, (ROSE HALL- DISTRICT 3) The followtng conchttons shall be requtred The temporary encroachment shall be constructed and matntatned tn accordance with the laws of the Commonwealth of Vtrgtnta and the Ctty of l/trgtnta Beach and tn accordance wtth the City's spectficattons and approval as to stze, ahgnment and locatton The temporary encroachment shall termtnate upon nottce by the Ctty to the apphcant and, wtthtn thtrty (30) days after such notice ts given, the temporary encroachment must be removed from the encroachment area by the apphcant and the apphcant wtll bear all costs and expenses of such removal The apphcant shall tndemmfy and hold harmless the Ctty, tts agents and employees from and agatnst all clatms, damages, losses and expenses, mcludtng reasonable attorney's fees tn case tt shall be necessary to file or defend an actton artstng out of the location or extstence of the temporary encroachment Nothtng heretn contatned shall be construed to enlarge the permtsston and authority 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 matntenance and constructton of any encroachment by anyone other than the apphcant The apphcant agrees to matntatn the temporary encroachment so as not to become unstghtly or a hazard The apphcant agrees to submtt and have approved a traffic control plan before commenctng work tn the encroachment area The apphcant agrees that no open cut of the pubhc roadway will be allowed except under extreme ctrcumstances Request for excepttons must be submttted to the Htghway Operattons Dtvtston, Department of Pubhc Works, for final approval The apphcant must obtatn a permtt from the Office of Development Servtces Center/Planntng Department prtor to commenctng any constructton wtthm the encroachment area Prtor to tssuance ora rtght-of-way permit, the apphcant must post surettes tn accordance wtth the project engtneer's cost esttmate, to the Office of Development Servtces Center/Planntng Department May 28, 2002 Item VI-K 4d - 45- ORDINANCES/RESOLUTIONS ITEM # 49682 (Continued) 10 11 The apphcant shall obtam and keep tn force all rtsk property msurance and general habthty or such tnsurance as ts deemed necessary by the Ctty, and all insurance pohctes must name the Ctty as ad&ttonal named tnsured or loss payee, as apphcable The apphcant must also carry comprehenstve general habthty insurance tn an amount not less than Ftve Hundred Thousand Dollars ($500,000), combmed smgle hmtts of such msurance pohcy or pohctes The apphcant must provide endorsements provt&ng at least thtrty (30) days'wrttten nottce to the Cttyprtor to the cancellatton or termmatton of, or matertal change to, any of the tnsurance pohctes The apphcant assumes all responstbthttes and habthttes, vested or conttngent, wtth relatton to the temporary encroachment The Ctty, upon revocatton of such authortty and permtsston so granted, may remove the temporary encroachment and charge the cost thereof to the apphcant and collect the cost tn any mannerprovtded by law for the collectton of local or state taxes, may requtre the apphcant to remove such temporary encroachment, and, pendmg such removal, the Ctty may charge the apphcant for the use of such portton of the City's rtght-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied t. f tt were owned by the apphcant; and tf such removal shall not be made wtthtn the ttme spectfied by the Ctty, the Ctty shall tmpose a penalty tn the sum of One Hundred Dollars ($100 00) per day for each and every day that such temporary encroachment ts allowed to conttnue thereafter, and, shall collect such compensation and penalttes tn any manner provtded by law for the collectton of local or state taxes I/otmg 11-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr, Barbara M Henley, Louts R dones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, l,'tce Mayor Wtlham D Sessoms, ,Ir and Rosemary Wtlson Council Members Vottng Nay None Counctl Members Absent None May 28, 2002 2 3 4 5 6 7 8 9 10 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE RIGHT-OF-WAY OF SOUTH KENTUCKY AVENUE, NORTH KENTUCKY AVENUE, AND SOUTHERN BOULEVARD BY CHARLES BARKER AUTOMOTIVE, INC., CHARLES G. BARKER, JR., AND SUSAN L. BARKER THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE 11 WHEREAS, Charles Barker Automotive, Inc., Charles G. 12 Barker, Jr., and Susan L. Barker, desire to construct and maintain 13 two - 1 1/4" communlcatzon cables enclosed in a 2" steel casing 14 15 16 17 18 19 20 pipe mnto the Cmty's r~ghts-of-way located at South Kentucky Avenue, North Kentucky Avenue and Southern Boulevard. WHEREAS, C~ty Council is authorized pursuant to ~§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authormze a temporary encroachments upon the City's rzght-of-way subject to such terms and conditions as Councml may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained ~n §§ 15.2-2009 and 15.2-2107, Code of Vmrginia, 1950, as 24 amended Charles Barker Automotive, Inc., Charles G. Barker, Jr., 25 26 27 and Susan L. Barker themr heirs, assigns and successors ~n title are authorzzed to construct and maintain a temporary encroachment for two - 1 1/4" communication cables enclosed in a 2" steel casing 28 29 p~pe in the City's r~ght-of-way as shown on the map entitled' "PLAN SHOWING PROPOSED ENCROACHMENT INTO NORFOLK SOUTHERN CORP. RIGHT-OF- 30 WAY, AND SOUTH KENTUCKY AVENUE, NORTH KENTUCKY AVENUE, AND SOUTHERN 31 BOULEVARD RIGHT-OF-WAYS FOR CHARLES BARKER LEXUS OF VIRGINIA BEACH 32 VIRGINIA BEACH, VIRGINIA SCALE 1"=30' APRIL 1, 2002 JOHN E. SIRINE 33 AND ASSOCIATES, LTD. SURVEYORS'ENGINEERS'PLANNERS 4317 BONNEY ROAD 34 VIRGINIA BEACH, VIRGINIA TELEPHONE: (757) 486-4910 FAX: (757) 486- 35 4670," a copy of which is on fzle ~n the Department of Public Works -~ r---f '~'", n ~~SITE LO~TION ~P S~ : 1" ~ ~,6~' .' : ~ ,~ ~'~ / C ~ I L -- ~ _ .... ' '~ I ................ 262'- PROP. COMMUNI~TION ~~ $O~HE~ B~VD. 0 ouNEs ~ , ... ~ . . . ...... ~" i I I ~ I I I I ~ ~ ~ ~ I '. I I ~ ~ ~ ~ I I I ~1 0 ~ ~ ~ ... ... ~ ( ... -... · . ,~ ~ ~ ~.~. ~ .... o [ o ', ~', ~ ~ ~ . ~~ ', /~ ,, / ~_~ ,~/ ............... I ~~~) ~ ' J ............ ............ : ............ ~ ~ ~ ~ ~ ............ ~[[ I ~ I ............ ~ I ~ [oc~~o~ ~~P ~~  /~ / ~ - ~/ ~ ~ ............... BARKER .DGN M.J.S. PREPARED BY P, AV ENG. CADD DEPT. 26-APR-2002 PREPARED BY VIRGINIA BEACH CITY ATFORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-81 l(a)(3) AND 58.1-811(¢)(4) REIMBURSEMENT AUTHORIZED IYNDER SECTION 25-249 THIS AGREEMENT, made this-'~ day of~~_l) , 2002, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", CHARLES BARKER AUTOMOTIVE, INC., a Virginia Corporation, and CHARLES G. BARKER~ JR. AND SUSAN L. BARKER THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WlTNESSETH: That, WHEREAS, the Grantee, Charles G. Barker and Susan L. Barker are the owner of that certain lot, tract, or parcel of land designated and described as "PARCEL 'A' 106,674 S.F. OR 2.45 ACRES" as shown on that certain plat entitled "RESUBDIVISION OF PROPERTY OWNED BY RARE PROPERTIES, INC. KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA MARCH 16, 1989 MILLER-STEPHENSON & ASSOCIATES, P.C. ENGINEERS, SURVEYORS & PLANNERS 5033 ROUSE DRIVE VIRGINIA BEACH, VIRGINIA 23462 (804-490-9264)," as recorded in M.B. 196, at page 33 in the Clerks Office of the Circuit Court of the City of Virginia Beach, Virginia and being further designated and described as 3909 Virginia Beach Boulevard, Virginia Beach, Virginia 23452; and That, WHEREAS, it is proposed by the Grantee, Charles G. Barker and Susan L. Barker, to construct and maintain two 1 1/4" communication cables enclosed in a 2" steel casing pipe, "Temporary Encroachment", in the City of Virginia Beach; and GPIN 1487-24-1210 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as South Kentucky Avenue, North Kemucky Avenue, and Southern Boulevard, "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 permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachmem. It is expressly understood and agreed that the Temporary Encroachmem 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: "PLAN SHOWING PROPOSED ENCROACHMENT INTO NORFOLK SOUTHERN CORP. RIGHT-OF-WAY, AND SOUTH KENTUCKY AVENUE, NORTH KENTUCKY AVENUE, AND SOUTHERN BOULEVARD RIGHT-OF-WAYS FOR CHARLES BARKER LEXUS OF VIRGINIA BEACH VIRG1NIA BEACH, VIRGINIA SCALE: 1"=30' APRIL 1,2002," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachmem herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It 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 f'de 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 encroachmem 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 submit and have approved a traffic control plan before commencing work in The Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Departmem of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post sureties, in accordance with their Engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as 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 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. ' By execution of this instrument, Charles G. Barker, President of Charles Barker Automotive, Inc., acknowledges the plans to construct and maintain two 1 1/4" communication cables enclosed in a 2" steel casing pipe, for said encroachment. IN WITNESS WHEREOF, the said Charles Barker Automotive, Inc., has caused this Agreement to be executed in its corporate name and on its behalf by its president, and its corporate seal to be hereto affixed and duly attested by its corporate secretary with due authority by its board of directors; and 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 its behalf by its City Manager and its seal be hereunto affixed and attested CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk CHARLES BARKER AUTOMOTIVE, INC. C~~er, Pre~-~ident By Sherry Reynolds, Secretary STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrumem was acknowledged before me this day of ,2002, by DESIGNEE OF THE CITY MANAGER. , CITY MANAGER/AUTHORIZED Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2002, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF ~ f~ CITY/COUNTY OF ~ .~C~ ., to-wit: The foregoing instrument was acknowledged before me this day of Automotive, Inc.. ,2002, by Charles G. Barker, President, on behalf of Charles G. Barker Notary Public My Commission Expires: I ~/3~/t33 STATE OF ~ CITY/COUNTY OF k]0,. ~0.~rX · , to-wit: The foregoing instrument was acknowledged before me this -] q'~ day of ,2002, by c~ ~.~ 0o , Sherry Reynolds, Secretary, on behalf of Charles G. Barker Automotive, Inc.. My Commission Expires: Notary Public STATE OF ,~/b~ CITY/COUNTY OF ~ ,~trgc~ , to-wit: The foregoing instrument was acknowledged before me this 2002, by Charles G. Barker, Jr. and Susan L. Barker. day of Notary Public My Commission Expires: ~/bi/03 APPROVED AS TO LEGAL SUFFICIENCY 5/C~Y ATTORNEy$'-/~.~ APPROVED AS TO CONTENT Exhibit "A" [0 ~ PARCEL 'A' PARCEL A ~:: I OF .._~,.i' ,.~1~ ~. '1~! ~., , , , .. 8T~ .... ,['~, ~ SOUm~RN BOU~VARD ~__ ~ ......... ~ I.B.U. (u. ,~,. , . .. ~ ...,,,~.~_. NORFO~ S~mERU CORP. T~~~l-~_;~~ ~ (...~,~.~ .~ ~~~~1=q=:= ~ ~' ...... r L I ~ BROOKS POLLOCK, JR. ' ' ~1 I[ / ~'" '"'-'~-~'~ ~1. iF ." =~ .ARCEC A-~ ....... ~ ~ k (MB 262. P ~) _ I /~1', t l I L'"'"' X J I ~ M[lllffi Or INSIALLAnON ~LL BE H~IZ~llAL -..-~ ~, ,~ " ~ itI I I~L~ ~ 11 · DRILLING ~,, , i I I I~ ~/i ~ 2 C~ING PIPE 15 2' STEEL AS T M A-~3. $CH 80. BLACK PIPE .~ ,~* ~ ~ I I ~ RXR ~E B. NO COATING. 1HE WALL mlCKN[~ IS 0 218 INCHES '[~ . I I /~ ~ ; AND ~NTS ARE 10 BE ~RE~ ~D C~PLING IHE LENG~ . I I I / 262 FEET u.. ,, ,. ... ' --~ ~~ [ I ~ I ~ ~E(l) ~ PAIR C~PER C~MUNICA~S CABLE - LOW ~TA~ ~A~ES BA~ ~S ~ ~'~ _~ . ~ I / ~ =~ ~ (eO~ CABLES ENCASED ~a A LINEAR LOW DENSITY ~ ~NIA e~ i m:;~ ~~ ~ [ <~ JACKET) UAIM~MAH~ rAnH~ i I P ~ ~ ~ 4. THE CABLE MARKER SI~S ARE TO nE~ ~ F~LO~ .................... ~ I ~ ~ ~ ~ CABLE MARKER ; PARCEL A ~ O ~ ~ O~ER. CHARLES BARKER LEXUS ~ ~eamA (~e 2~7. P O) ~ ~ ~ 3~ ~RaeA BEACH BO~EVARD eme~ ~ ~~ GPIN 1487-13-~1 ~ ~ ~ ~ I ~R~NIA BEACH. ~R~NIA 234~2 ~ ~ ~ ~ ~l BURI~ ITEM T~ (2') INCH CON,IT ~TH C~MUNICAII~ , ~ I'~ ~ = --~ I CABLES ~ : ~ ~ ~ ~l BURIED DEPTH FI~ (5') FEET - S~T,ERN a 0 W ~ / ~ I ~ NINE (9') FEET - N~T~RN R. OW PLAN SHO~NG PR~O~D ENCROA~MENT INTO NORFO~ S~ERN COR~. RIGHT-~-WAY, AND SOU~ KEN~CKY A~UE, NOR~ KEN~CKY A~NUE, AND SOU~ERN BOULEVARD RIGHT-OF-WA~ FOR CHARLES BARKEIi LEXUS OF VIRGINIA BEACH  ~RGINIA BEACH, ~RGINIA SCALE' 1"=30' APRIL I, 2002 ~N ~ ~RIN[ ~D ~A~ L~. SUR~YORS. ENGINEERS. PLANNERS ~ 4317 BONNEY ROAD ~RGINIA BEACH, ~RGINIA Cert,ficoteo~704 No ,~ T~EPHONE: (30757) 486-491060 FAX (757)90486-4~ FEET ~ GRAPHIC SCALE I JO 71.5,54 P S ,556. P 26-~), CHARLES BARKER AUTOMOTIVE, INC. NORTH AND SOUTH KENTUCKY AVENUE Standing at South Kentucky Avenue looking towards Southern Boulevard and North Kentucky Avenue Looking east at Charles Barker Lexus where the encroachment will begin Standing at North Kentucky Avenue looking towards Southern Boulevard and South Kentucky Avenue Looking west at the construction site where the encroachment will end -46- Item Vl-I.1.a/b/c/d ORDINANCES/RESOLUTIONS ITEM* Upon motion by Vice Mayor Sessoms,seconded by Councilman Mandgo, Ciry Council ADOPTED,AS AMENDED": Resolution re plan or financing for Phase I of the Town Center project with the Development Authority dated I lune 2002: a Support Agreement(draft dated 20 May 2002) b. Agreement of Trust(draft dated 20 May 2002) c. first Supplemental Agreement of Trust(draft dated 20 May 2002) d Bond Purchase Agreement(draft dated 22 May2002) 'The gaage is referred to as an authority faciliyand contains a cap of56MILLION on the taxable side of the bonds. Voting: 8-0(By Consent) Council Members VotingAyer Linwood O Branch,III Margaret L. Ewe, Barbara M Henley,Reba S McClanan, Robert C Mandigo,/c,Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wilson Council Members Voting Nay None Council MembersAbstaining' Wilh'am W Harrison,)r.,Louis R./ones,Vice Mayor William D Sessoms,)r. Council Members Absent None Councilman Harrison DISCLOSED and ABSTAINED as his law firm represented the developer's lender in conjunction with the Town Center prject. Councilman/ones DISCLOSED and ABSTAINED as he has 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 fora line ofcredtto Armada Horner Properties. Itis likely that Armada Hoffer 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 Vice Mayor Sessoms DISCLOSED and ABSTAINED as he is an officer of Wachovia Bank which recently merged with First Union National Bank Wachovia Bank has provided financing for the Town Center project May 28,2002 RESOLUTION APPROVING A PLAN OF FINANCING FOR PHASE I OF THE TOWN CENTER PROJECT WITH THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, APPROVING CERTAIN DOCUMENTS PREPARED IN CONNECTION WITH SUCH FINANCING AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE SAME WHEREAS, the City of Virginia Beach, Virginia (the "City"), has zoned a portion of the City located in the Pembroke area of the C~ty as B-3 Central Business D~stnct to form the center for financial, commercial, professional and cultural development in a manner that complements the City's B-3A Pembroke Central Bus~ness Core D~stnct and the pohcles identffied ~n the City's Comprehensive Plan; and WHEREAS, the City has zoned a portion of the property located within the B-3 Central Business District B-3A Pembroke Central Business Core District to optimize development potential for a m~xed-use, pedestrian-oriented actlwty center w~th mid- to high-rise structures that contmn numerous types of uses, ~ncludlng business, retad, residential, cultural, educational and other pubhc and private uses, and pubhcly accessible commumty open space areas, generally reflective of the concepts identified in the City's Comprehensive Plan and the Pembroke Central Business District Master Plan; and WHEREAS, the C~ty has requested the C~ty of V~rg~ma Beach Development Authority (the "Authority"), at the request of and w~th the support of the C~ty, to undertake a program involving the development of ~nfrastructure and the construction of pubhc facilities and other mumcipal ~mprovements utIhz~ng the structure of an economm development park ~n the B-3A Pembroke Central Bus~ness Core D~strict, to facd~tate the development of a central bus~ness d~stnct ~n the City and thus promote commerce and the prosperity of the c~tizens of Virginia Beach; and WHEREAS, as a part of the undertaking of such a program, the Council of the City (the "City Councd") has by Ordinance No. 99-2567B (the "TIF Ordinance") created and designated a "development project area" (as defined ~n Section 58.1-3245 of the Code of Virginia of 1950, as amended) m the Pembroke area of the City and known as the "Central Business D~stnct - South" (the "D~stnct"); and WHEREAS, ~n furtherance of the purposes of the program and the TIF Ordinance, the C~ty has requested the Authority to undertake the acqms~tion of certmn "authority facilities" (as defined ~n the Authonty's enabling act) including the acqmsit~on of (a) a parking garage located ~n the D~stnct, and (b) land for a pubhc plaza and any improvements thereon (collectively, the "2002 ProJect"), and the Authority has determined to issue ~ts pubhc facdity revenue bonds and to use the proceeds thereof to finance costs ~ncurred ~n connection w~th the 2002 Project for the benefit of the C~ty; and WHEREAS, the Authority proposes to issue its Pubhc Faclhty Revenue Bonds (Town Center ProJect Phase I), Seines 2002A (the "Series 2002A Bonds"), and ~ts Taxable Public Facihty Revenue Bonds (Town Center ProJect Phase I), Series 2002B (the "Series 2002B Bonds" and, together w~th the Series 2002A Bonds, the "Bonds"), in the mammum aggregate pnnmpal amount not to exceed $25,000,000 to finance the 2002 ProJect and to pay the costs ofissmng the Bonds; and WHEREAS, the City Administration has recommended that UBS PmneWebber Inc. be approved as the underwriter (the "Underwriter") for the Bonds; and WHEREAS, there have been presented to this meeting drafts of the following documents (the "Documents"), proposed ~n connection w~th the undertaking of the 2002 Project and the ~ssuance and sale of the Bonds: (a) Agreement of Trust draft dated May 20, 2002 as supplemented by a F~rst Supplemental Agreement of Trust draft dated May 20, 2002, including the form the Bonds (collectively, the "Trust Agreement"), each between the Authointy and a trustee to be named (the "Trustee"), pursuant to which the Bonds are to be issued and which is to be acknowledged and consented to by the C~ty; (b) Support Agreement draft dated May 20, 2002, between the Authority and the City pursuant to whmh the C~ty wall make annual payments to the Authority in amounts sufficient to pay the pinnc~pal of and ~nterest on the Bonds; (c) Bond Purchase Agreement draft dated May 22, 2002, between the Authonty, the Underwnter and the City; (d) Preliminary Official Statement draft dated May 22, 2002, of the Authority relating to the public offenng of the Bonds (the "Prehm~nary Official Statement"); and (e) Cont~nmng Disclosure Agreement draft dated May 22, 2002, pursuant to which the City agrees to undertake certain continuing disclosure obligations with respect to the Series 2002A Bonds and the Series 2002B Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1 The following plan for financing the 2002 ProJect is hereby approved. The Authority will issue the Bonds in a mammum aggregate pnnclpal amount not to exceed $25,000,000 The Authority will use the proceeds of the Bonds to finance the costs of the 2002 Project and the costs ofissmng the Bonds. Pursuant to the Support Agreement, the City will make Annual Payments and Additional Payments (as each ~s defined in the Support Agreement) to the Authority in amounts sufficient to amortize the Bonds and to pay the fees or expenses of the Authority and the Trustee. The obligation of the Authority to pay principal of and premium, if any, and interest on the Bonds will be limited to almual payments and additional payments received from the C~ty. The Bonds will be secured by an assignment of the Annual Payments and certain Additional Payments due under the Support Agreement, all for the benefit of the holders of the Bonds. The obhgat~on of the City to make Annual Payments and Additional Payments will be subject to the City Council making annual appropriations in sufficient amounts for such purposes. The plan of financing for the 2002 ProJect shall contain such additional requirements and provisions as may be approved by the City. 2. The City Council, while recognizing that it is not empowered to make any binding commitment to make appropriations beyond the current fiscal year, hereby states its intent to make annual appropriations ~n future fiscal years ~n amounts sufficient to make all payments due under the Support Agreement and hereby recommends that future C~ty Councils do hkewise dunng the term of the Support Agreement. 3. The City Manager is hereby authorized and directed to execute the Documents, which shall be in substantially the forms submitted to th~s meeting, which are hereby approved, with such completions, omissions, insertions and changes not inconsistent w~th this Resolution as may be approved by the City Manager, his execution to constitute conclusive evidence ofh~s approval of any such completions, omissions, insertions and changes. 4. In making completions to the Support Agreement, the City Manager, in collaboration with Government F~nance Associates, Inc. and Government Finance Group, the City's financial adwsors (the "Financial Advisors"), shall provide for Annual Payments in amounts equivalent to the payments on the Series 2002A Bonds and the Series 2002B Bonds, which shall be sold to the Underwriter on terms as shall be satisfactory to the City Manager; provided that the Annual Payments shall be equivalent to (a) the Series 2002A Bonds matunng in Installments ending not later than ~n 2022; having a true or "Canadian" interest cost not exceeding 7.0% (taking into account any original ~ssue d~scount); being subject to optional redemption at a premium not to exceed 2% of their principal amount; and being sold to the Underwriter at a price not less than 98% of the aggregate principal amount thereof(without taking into account any original ~ssue discount) and (b) the Series 2002B Bonds maturing m installments ending not later than m 2016; having a true or "Canadian" interest cost not exceeding 8.0% (taking into account any original issue d~scount); being subject to optional redemption at a premium not to exceed 2% of their pnnclpal amount; and being sold to the Underwriter at a price not less than 98% of the aggregate pnnc~pal amount thereof (without taking into account any original Issue discount). The City Manager is also authorized to approve the pnnclpal amount of the Series 2002A Bonds, which shall be the tax-exempt portion of the Bonds, and the pnnclpal amount of the Series 2002B Bonds, which shall be the taxable portion of the Bonds as the City Manager shall determine to be in the best interest of the C~ty, provided, however, that in no event shall the principal amount of the Series 2002B Bonds exceed $6,000,000. The City Manager ss further authorized to approve (x) a lesser pnncipal amount for the Series 2002A Bonds and the Series 2002B Bonds, and (y) a maturity schedule, ~ncludlng serial maturities and term maturities for the Series 2002A Bonds and the Series 2002B Bonds as the City Manager shall determine to be in the best interest of the City. Following the sale of the Series 2002A Bonds and the Series 2002B Bonds, the C~ty Manager shall evidence h~s approval of the final terms and purchase price of the Series 2002A Bonds and the Series 2002B Bonds by executing the Bond Purchase Agreement. The actions of the C~ty Manager ~n approving the terms of the Series 2002A Bonds and the Series 2002B Bonds shall be conclusive, and no further action shall be necessary on the part of the City Councd. 5. The Prellm~nary Official Statement ~n the form presented to this meeting is approved with respect to the ~nformat~on contmned there~n perta~mng to the Cay. The Underwriter is authorized to &stribute to prospective purchasers of the Series 2002A Bonds and the Series 2002B Bonds the Prehminary Official Statement in form deemed to be "near final," within the meaning of Rule 15c2-12 of the Securities and Exchange Commismon (the "Rule"), with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the City Manager. Such distribution shall constitute conclusive ewdence that the C~ty has deemed the Preliminary Official Statement to be final as of~ts date w~thin the meamng of the Rule, with respect to the information there~n pertalmng to the City. The City Manager is authorized and directed to approve such completions, omissions, ~nsertlons and other changes to the Prehmlnary Official Statement that are necessary to reflect the terms of the sale of the Series 2002A Bonds and the Series 2002B Bonds, determined as set forth in paragraph 5, and the detmls thereof and that are appropriate to complete it as an official statement in final form (the "Official Statement") and &stribut~on thereof by the Underwriter shall constitute conclumve evidence that the C~ty has deemed the Offimal Statement final as of its date within the meamng of the Rule. 6. The City covenants that ~t shall not take or omit to take any action the taking or omission of which shall cause the Series 2002A Bonds to be "arbitrage bonds" w~thln the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), and regulations thereunder, or otherwise cause interest on the Series 2002A Bonds to be includable in the gross ~ncome for Federal ~ncome tax purposes of the registered owners thereof under emst~ng law. Without hmiting the generahty of the foregoing, the City shall comply with any prov~mon of law that may require the City at any t~me to rebate to the United States of America any part of the earmngs derived from the investment of the gross proceeds of the Series 2002A Bonds. The City shall pay from ~ts legally available general funds any amount required to be rebated to the United States of America pursuant to the Code 7. The C~ty Manager is authorized to cooperate with the Authority regar&ng obtaimng a municipal bond ~nsurance policy to guarantee the payment of principal of and ~nterest on the Bonds ~fthe City Manager, ~n collaboration w~th the Authority and the F~nanc~al Adwsors, determines that selhng the Bonds ~nsured by such a pohcy would be ~n the best ~nterests of the C~ty. 8. The City Council hereby approves of the selection of UBS PmneWebber Inc. as the Underwriter for the Bonds. 9. Any authorization herein to execute a document shall ~nclude authorization to deliver it to the other part~es thereto and to record such document where appropriate 10. All other acts of the C~ty Manager, the Director of F~nance and other officers of the City that are ~n conformity w~th the purposes and intent ofth~s Resolution and ~n furtherance of the ~ssuance and sale of the Bonds and the undertaking of the 2002 ProJect are hereby approved and ratffied. 11. This Resolution shall take effect ~mme&ately. Adopted by the Councd of the City of V~rg~ma Beach, V~rg~ma, on the May ,2002. CA-8496 Noncode/Towncenter5-28.wpd R-3 2 8th dayof Item VI-L.2. -47- ORDINANCES/RES OL UTIONS ITEM # 49684 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Man&go, Ctty Counctl ADOPTED Resolutton re parttctpatton of Chesapeake Bay Alcohol Safety Action Program (CBASAP) tn the Vtrgtnta Retirement System 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 Voting Nay None Counctl Members Absent None May 28, 2002 A RESOLUTION ENDORSING THE PARTICIPATION OF CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM IN THE VIRGINIA RETIREMENT SYSTEM WHEREAS, in the interest of highway safety, the 5 Commonwealth of Virginia has provided by statute for programs for 6 the probation, education and rehabilitation of persons charged with 7 driving motor vehicles under the influence of alcoholic beverages 8 and other self-administered drugs, such programs being collectively 9 known as Virginia Alcohol Safety Action Program (VASAP); and 10 WHEREAS, the Counties of Accomack and Northampton and the 11 Cities of Virginia Beach and Norfolk form the multi-jurisdictional 12 Chesapeake Bay Alcohol Safety Action Program, which is the 13 successor to separate programs originally established on the 14 Eastern Shore as Eastern Shore ASAP and on the Southside as 15 Tidewater ASAP; and 16 WHEREAS, on July 12, 1993 the predecessor programs were 17 combined, by the State Commission on VASAP, to form the current 18 combined program; and 19 WHEREAS, the member jurisdictions have previously enacted 20 a joint resolution establishing an independent policy board to 21 govern Chesapeake Bay ASAP as required by law; and 22 WHEREAS, all of the employees of the prior programs which 23 combined to become Chesapeake Bay ASAP were participants in VSRS, 24 the predecessor to the Virginia Retirement System (VRS); and 25 WHEREAS, a number of years ago, Chesapeake Bay ASAP 26 withdrew from participation in VRS (then known as VSRS), and its 27 employees since that time have been participants in a non- 28 governmental retirement savings plan; and 29 WHEREAS, the Policy Board of Chesapeake Bay ASAP has 30 determined that it is in the best interests of Chesapeake Bay ASAP 31 and its employees to reestablish its relationship with, and 32 participation in, VRS; and 33 WHEREAS, VRS is the recognized retirement benefit vehicle 34 for all employees of the City of Virginia Beach; and 35 WHEREAS, because Chesapeake Bay ASAP is totally self- 36 sufficient and funds itself with fees mandated by statute to be 37 paid by program participants, the participation of its employees in 38 VRS will have no financial impact upon member jurisdictions; 39 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH' 41 That the City of Virginia Beach hereby endorses the 42 participation of Chesapeake Bay ASAP employees in the VRS system, 43 and this endorsement shall be deemed incorporated into and a part 44 of the joint resolution for Chesapeake Bay ASAP previously enacted 45 by the four participating jurisdictions. 46 47 Adopted by the Council of the City of Virginma Beach, Virginia on the 28 day of May , 2002. CA-8491 wmm/o rdre s / Che sba ya s ap re s. wpd May 16, 2002 R-1 APPROVED AS TO LEGAL SUFFICIENCY- City Attorney's Office - 48- Item VI-M PLANNING ITEM # 49685 1. ROBERT F. THOUROT NON-CONFORMING USE 2. SUNKIST C. FARELLI NON-CONFORMING USE 3. DOMINION CHRISTIAN CENTER CONDITIONAL USE PERMIT 4. CHECKERED FLAG MOTOR CO. CONDITIONAL USE PERMITS 5. ATLANTIC ENTERPRISES, INC. CONDITIONAL USE PERMIT 6. 7-ELEVEN, INC. CONDITIONAL USE PERMIT 7. THIR TY-SEVEN-O1 ASSOCIATES, L.L. C. CONDITIONAL USE PERMIT 8. VOICE STREAM MODIFICATION OF CONDITIONS (Communication tower - 2/10/98) ZONING 9. VIRGINIA BEACH SPCA CONDITIONAL USE PERMIT May 28, 2002 - 49 - Item VI-M. PLANNING ITEM # 49686 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Mandtgo, Ctty Council APPROVED in ONE MOTION Items 1, 2 (DEFERRED), 3, 4 a/b, 5, 6, 7, 8 and 9 as PLANNING B Y CONSENT Item 2 was DEFERRED INDEFINTTEL Y, B Y CONSENT Item M 3, M 4b, and M 5 wtll be APPROVED, BY CONSENT, wtth Amended Condtttons Vottng 11-0 (By ConsenO Counctl Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlltam W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None Counctlman Jones ABSTAINED on Item M 1 (ThouroO as hts he owns three pteces of property tn thts same block Counctl Lady Parker ABSTAINED on Item M 5 (Atlanttc Enterprtses) Counctlman Harrtson ABSTAINED on Item M 6 (7-Eleven) as hts law firm provides legal servtces property May 28, 2002 Item VI-M.I. - 50- PLANNING ITEM # 4968 7 Upon motion by Vtce Mayor Sessoms, seconded by Councilman Man&go, Ctty Council ADOPTED the Resolutton upon of ROBERT F. THOUROT for the enlargement of a non-conformtng use to reconstruct the extsttng duplex and add a second story to the rear untt at 2254 Maple Street, contamtng 7, 500 square feet Resolution authortztng the enlargement of a nonconformtng use on certatn property located at 2254 Maple Street (GPIN #1590-51-1003) Satd parcel contatns 6,630 square feet (DISTRICT 5 - L YNNHA VEN) The followtng con&ttons shall be requtred The second story ad&tton shall be tn substanttal accordance wtth the submitted elevatton plans entttled "RENOVATIONS + ADDITION AT 2254 STREET, VIRGINIA BEACH, VA FOR ROBERT AND LORRAINE THOUROT," dated January 17, 2002 Satd plan ts on file tn the Ctty of Vtrgtnta Beach Planmng Department However, the second story deck shown on the plans ts not approved and shall not be permttted The total width of the drtveway shall not exceed 36feet at the right-of-way The wtdth may be conttnuous or &vtded mto two secttons Vottng 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr, Barbara M Henley, Reba S McClanan, Robert C Man&go, ,Ir, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and Rosemary Wtlson Counctl Members Vottng Nay None Councd Members Abstatntng Louts R ,Iones Counctl Members Absent None Counctlman ,Iones ABSTAINED as he owns three pteces of property tn thts same block May 28, 2002 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING DUPLEX DWELLING ON PROPERTY LOCATED AT 2254 MAPLE STREET, IN THE DISTRICT OF BAYSIDE 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, Robert F. Thourot, (hereinafter the "Applicant") has made application to the City Council for authorization to enlarge a duplex dwelling situated on a certain lot or parcel of land having the address of 2254 Maple Street, in the R-7.5 Residential District; and WHEREAS, the said duplex dwelling is a nonconforming use, in that duplexes are not allowed in the R-7.5 Residential Zoning District; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the enlargement of a nonconforming structure is unlawful in the absence of a resolution of the City Council authorizing such action upon a finding that the proposed structure, as enlarged, will be equally appropriate or more appropriate to the zoning district than is the existing structure; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed structure, as enlarged, will be equally appropriate to the district as is the existing structure. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the proposed enlargement of the Applicant's duplex dwelling is hereby authorized, upon the following conditions: 1. The second story addition shall be in substantial accordance with the submitted elevation plans entitled "RENOVATIONS + ADDITION AT 2254 STREET, VIRGINIA BEACH, VA. FOR ROBERT AND LORRAINE THOUROT," dated January 17, 2002. Said plan is on file in the City of Virginia Beach Planning Department. However, the second story deck shown on the plans is not approved and shall not be permitted. 35 2. The total width of the driveway shall not exceed 36 36 37 feet at the right-of-way. The width may be continuous or divided into two sections. 38 39 Adopted by the Council of the City of Virginia Beach on the 28 day of May , 2002. 40 41 42 43 CA-8490 bkw/work/nonconthourot.wpd R-1 May 16, 2002 44 APPROVED AS TO CONTENT: 45 46 Planning 47 48 49 5O APPROVED AS TO LEGAL SUFFICIENCY'~i[~~ /~' _~~ ~'~,// D ~'r ~'m~e'n t o f L a w ROBERT F. THOUROT May 28, 2002 General Information: REQUEST: ADDRESS: Enlargement of a Nonconforming Use 2254 Maple Street o Scale Robert F. Thourot Gpin 1590-51-1003 GPIN' ELECTION DISTRICT: SITE SIZE' STAFF PLANNER: PURPOSE: 1590-51 - 1003 4- BAYSIDE 6,630 square feet Ashby Moss The applicant proposes to add a second story to the back unit of the duplex. The additional area is approximately 1000 square feet. This is slightly larger than the floor beneath it and w~ll overhang shghtly on each s~de. The actual footprint of the building w~ll not change. Major Issues: Ensunng that the proposed addition and alteration to the nonconforming duplex structure ~s no more detrimental to the surrounding neighborhood and ~s as appropriate to the district as the existing structure. Non-Conforming Use ROBERT F. THOUROT May 28, 2002 Page 1 Land Use, Zoning, and Site Characteristics: Existin.q Land Use and Zoning Th~s property is developed w~th a residential duplex structure. The site is zoned R-7.5 Residential District. Surrounding Land Use and Zonina Cape Story by the Sea is a predominately single famdy residenbal neighborhood with duplexes scattered throughout. The subject s~te and all surrounding properties are zoned R-7.5 Residential District with Shore Drive Overlay. Zoning History The Cape Story by the Sea and Cape Henry Shores neighborhoods were rezoned on October 11, 1965 from R-D2 Residence Duplex D~strict to R-S4 Residence Suburban District. That rezoning request was brought forward by some of the residents of these neighborhoods concerned with the construction of duplexes on the relatively small lots (6,900 square feet) typical in these areas. When this change of zoning was approved, the existing duplexes became nonconforming. The subject s~te is one of these nonconforming duplexes. Although not p~ctured on the attached Zoning History map, at least two other similar requests to enlarge nonconforming duplexes have been approved ~n these neighborhoods. The property at 2221 Oak Street was approved in 1993; the other, located at 2214 Bayberry Street, was approved April 14, 1998. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ area of less than 65dB Ldn surrounding NAS Oceana. Natural Resource and Physical Characteristics The property is currently developed with a one-story duplex structure with concrete and gravel parking areas in front and a shed ~n the rear yard. Public Facilities and Services Water and Sewer Water: Sewer: There is a six-inch water ma~n in Maple Street fronbng the property. This duplex site has two existing 5/8-inch meters that may be used. There ~s an eight-inch sanitary sewer main in Maple Street fronting the property. The site ~s already connected to City sewer. Non-Conforming Use ROBERT F. THOUROT May 28, 2002 Page 2 Transportation Master Transportation Plan (MTP)/Capital Improvement Program (CIP): Shore Drive ~n the vicinity of th~s application is a major four lane urban arterial. The MTP designates this roadway as a 150 foot divided right-of-way with a bikeway. No improvements are scheduled for this portion of Shore Drive in the current adopted CIP. Maple Street ~s a two lane local street and is not designated on the MTP. Traffic Calculations: Street Name Present Present Capacity Generated Traffic Volume Shore Dnve 10,808 17,300 ADT (Level of ADT1 Service "C") Ex~st~ng. 12 ADT Not Proposed no change Maple Street avadable 6,200 ADT Average Dady Tnps Public Safety Police: Fire and Rescue: Adequate. No further comments. Adequate. Building permits must be obtained for all construction related to th~s project. All hre protection requirements wdl be ascertained during the building permit review process. A Certihcate of Occupancy must be obtained prior to occupancy. Comprehensive Plan The Comprehenswe Plan Map designates this area as Medium and High Density Suburban Residential, with residential uses above 3.5 dwelling units per acre. The Comprehenswe Plan and Shore Drive Corridor Plan recognize this corridor as a resort gateway community. Both plans also recognize the diversity of residential uses that ex~st ~n th~s area, most of which resulted from the dwerse needs and desires of the community. The proposed improvements are consistent w~th the community design and aesthebc goals established in this area of the Shore Drive Overlay District. Summary of Proposal · The existing duplex is a one story brick and frame structure approximately 1,900 square feet. The structure is dw~ded so that equal s~zed units are located at the front and back of the building but are slightly offset. The applicant proposes to add a second story to the back unit of the duplex. The additional area is approximately 1000 square feet. This is slightly larger than the floor beneath it and will overhang slightly on each side. The actual footprint of the building will not change, Part of the proposed expansion is a second story deck to be added to the back of the building. The deck is shown to extend approximately n~ne feet from the rear property line. It ~s staff's position that the deck should not be included as ~t effectively expands the footprint and encroaches into the 20 foot rear yard setback required for conforming structures in this zoning d~strict. Without the deck, the Non-Conforming Use ROBERT F. THOUROT May 28, 2002 Page 3 structure meets all setbacks for the R-7.5 Residential District. The existing parking areas will be expanded to accommodate parking for four vehicles. The Traffic Engineering Division of Public Works notes that in accordance w~th Pubhc Works standards for driveways of duplexes, the driveway apron for the parking area must not exceed 36 feet in width in the public nght-of-way. Evaluation of Request This request to enlarge an ex~sting duplex dwelling is acceptable. Cape Story by the Sea ~s predominately a single-family residential neighborhood with duplexes scattered throughout. The duplex units add variety and do not appear to detract from the neighborhood. The applicant is requesting to enlarge only one of the un~ts. Without the proposed addition of the second story deck, the expansion should not overpower the s~te or have a detrimental effect on the neighborhood. In addition to providing more living space for one of the umts, the enlargement and renovations will provide an aesthetic ~mprovement. The applicant has also submitted a pebtion signed by four neighbors on Maple Street who support his request. Pursuant to Section 105(e) of the City Zoning Ordinance, a nonconforming structure may be enlarged only if the City Council finds that the proposed structure, as enlarged, will be "equally appropriate or more appropriate to the district than is the existing nonconformity." It ~s staff's position that this proposed enlargement is reasonable, will have a m~n~mal impact, and should be as appropriate to the distnct as the existing non- conforming use. The request, therefore, ~s recommended for approval, subject to the recommended conditions below. Conditions · , The second story addition shall be in substantial accordance with the submitted elevation plans entitled "RENOVATIONS + ADDITION AT 2254 STREET, VIRGINIA BEACH, VA. FOR ROBERT AND LORRAINE THOUROT," dated January 17, 2002. Said plan is on file in the City of Virginia Beach Planning Department. However, the second story deck shown on the plans ~s not approved and shall not be permitted. The total width of the driveway shall not exceed 36 feet at the right-of-way. The width may be continuous or divided into two sections. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site ~lan review to meet all a~plicable City Codes. Non-Conforming Use ROBERT F. THOUROT May 28, 2002 Page 4 LOCATION OF FLOOD ZONE LINE AS SCALED FROM Ft R M PANEL. 308 PLAT NO. OWNERS UNKNOWN ~ t° ~ o 6' WQOD ~ ~,_~~- ~/~.'~ ~~~ ! '~ ~ ! ~ 4' SHED PAD 22 9~ Z WOOD FEN( m 309 o 0 3' Pv~ 1 STORY "'- 60' ~ F~:N¢£! BRICK & FRAME REaD.CE f 2~ ~ ~ ~NC~ PIN(F:) 60,00' N 15'06'30" W CONC WAY MAPLE STREET (50' R/W) 311 5' FENCE -- ~ 5' OVERHANG (TYPICAL) PIPE(F) OVE. RHEAD Site Plan Non-Conforming Use ROBERT F. THOUROT May 28, 2002 Page 5 Proposed Building Elevations Non-Conforming Use ROBERT F. THOUROT May 28, 2002 Page 6 I II I II I II ., Proposed Building Elevations Non-Conforming Use ROBERT F. THOUROT May 28, 2002 Page 7 I I Proposed Building Elevations Non-Conforming Use ~ ROBERT F. THOUROT '~\~ May 28, 2002 Page 8 Rendering of Proposed Building Design Non-Conforming Use ROBERT F. THOUROT May 28, 2002 Page 9 I-2 Scale Robert F. Thourot BI Gpin 1590-51-1003 ZONING HISTORY . , Rezoning by C~ty of Virginia Beach (R-D2 Residential Duplex District to R-S4 Residential Suburban District) Approved 10-11-65 Rezon~ng (B-2 Business to R-7.5 Residential) Approved 11-22-94 Conditional Use Permit (gas station) Withdrawn 4-8-85 Item VI-M. 2. - 51 - PLANNING ITEM # 49688 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Man&go, Ctty Council DEFERRED INDEFINITEL Y Resolutton upon apphcatton of SUNKIST C. FARRELLI for the enlargement of a non- conformtng use to renovate the extsttng duplex tnto a stngle famtly home Resolutton authortztng the expanston o fa nonconforming use on property located at 305 2t7n Street (GPIN #2428-00-5543) Satd parcel contatns 2450 square feet DISTRICT 6 - BEA CH Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Vgtlham W Harrtson, dr, Barbara M Henley, Louts R done& Reba S McClanan, Robert C Man&go, dr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, ,Ir and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None May 28, 2002 Item VI-M.$. - 52 - PLANNING ITEM ii 49689 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Man&go, Ctty Counctl ADOPTED Or&nance upon apphcatton of DOMINION CHRISTIAN CENTER for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF DOMINION CHRISTIAN CENTER FOR A CONDITIONAL USE PERMIT FOR A CHURCtt R050231023 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon Apphcatton of Domtmon Chrtsttan Center for a Condittonal Use Permtt for a church on the north stde of Lynnhaven Parkway, east of Round Htll Road (GPIN #1475-65-2426) Satd parcel ts located at 2159 Lynnhaven Parkway and contatns 1 68 acres DISTRICT 1 - CENTER VILLE The followtng con&ttons shall be requtred Foundatton landscaptng shall be tnstalled and maintained tn planters along at least fifty (50) percent of the frontage of the butl&ng that faces Lynnhaven Parkway 2 The extsttng chatn hnkfence on the stte shall be removedprtor to occupancy 3 The parking lot shall be re-strtped to clearly dehneate all parktng spaces A Certtficate of Occupancy as a place of assembly shall be obtained from the Butldmg Offictal prtor to occupancy All fire detectton and hfe safety requtrements shall be tnstalled prtor to occupancy Thts Or&nance shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Or&nance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Virgtnta, on the Twenty-etghth of May, Two Thousand Two Votzng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay' None Counctl Members Absent None May 28, 2002 Item VI-M. 4a/b/ - 53 - PLANNING ITEM # 49690 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Man&go, Ctty Council ADOPTED Or&nances upon apphcatton of CHECKERED FLAG MOTOR CAR CO., for Con&ttonal Use Permtts ORDINANCE UPON APPLICATION OF CHECKERED FLAG MOTOR CAR CO, FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE RENTALS R050231024 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon Apphcatton of Checkered Flag Motor Car Co, for a Con&ttonal Use Permttfor automobile rentals at the southeast corner of Vtrgtnta Beach Boulevard and Clearfield Avenue (GPIN #1467-66-6400, #1467-66-3578, #1467-66-2543, #1467-66-3453) Satdparcel ts located at 5225 Vtrgtnta Beach Boulevard and contatns 9 92 acres DISTRICT2 - KEMPSVILLE The followtng con&ttons shall be requtred In ad&tton to the con&ttons below, all con&ttons set forth tn the Con&ttonal Use Permtt approved by the Ctty of Vtrgmta Beach Ctty Counctl on October 23, 2001, shall remam tn effect The proposed butl&ng elevation shall substanttally conform to the submttted drawtng entttled, "Front Elevatton, Checkered Flag Toyota, Vtrgtnta Beach, Vtrgtnta," dated February 15, 2002, prepared by Lyall Design Archttects All stgnage shall be tn comphance for standards set forth tn the Ctty of Vtrgmta Beach Zonmg Or&nance The enttre parktng lot must be strtped tn accordance with Ctty Code requtrements and the Americans wtth Dtsabthttes Act regulations All parking spaces and &splay areas must be clearly dehneated on the final site plan 4 No vehtclesfor sale or rent shall beparked wtthtn anyportton of the pubhc rtghts-of-way AND, ORDINANCE UPON APPLICATION OF CHECKERED FLAG MOTOR CAR COMPANY FOR A CONDITIONAL USE PERMIT FOR OFF-SITE EMPLOYEE PARKING AND AUTOMOBILE STORA GE 50231025 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon Apphcatton of Checkered Flag Motor Car Company for a Con&ttonal Use Permit for off-stte employee parking and automobtle storage on the east stde of N Lynnhaven Road, north of Mustang Tratl Satd parcel ts located at 216 N Lynnhaven Road and contatns 1 15 acres' DISTRICT 6- BEACH May 28, 2002 Item VI-M. 4afo/ - 54- PLANNING ITEM # 49690 (Continued) The followtng con&ttons shall be requtred The stte shall be developed substanttally tn accordance wtth the stte plan dated January 15, 2002, prepared by MSA Inc exhtbtted to Ctty Counctl and on file tn the Department of Plannmg "$treet frontage landscaping shall match the street frontage landscaping of the site to the south (Beach Ford)." 2 The bulk storage area shall be paved wtth asphalt Parktng lot hght poles shall not exceed 14feet tn hetght and the number of hghts shall be the mtntmum necessary to tllumtnate the parktng area Ltghts shall be shtelded to &rect hght and glare onto the premtses and focused away from adjotmng properttes 4 The roadway entrance ra&t shall meet the mtntmum 15-foot ra&t requtred by Pubhc Works Standards 5 All on-stte vehtcle storage shall be restrtcted to the bulk storage area 6 No outstde storage of parts or equtpment shall be permttted There shall be no vehtcle &splay No balloons, banners, or pennants shall be &splayed from hght poles or vehtcles No vehtcles shall be parked wtthtn any portton of the pubhc rtght-of- way or wtthtn the vehtcular entrances to the property 8 The freestan&ng stgn shown on the stte plan shall be a monument style stgn 9 No outstde pagtng system wtll be allowed These Or&nances shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Or&nance Adopted by the Counctl of the Cay of Vtrgtnta Beach, Vtrgtnta, on the Twenty-etghth of May, Two Thousand Two Vottng 11-0 (By ConsenO 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 May 28, 2002 Item VI-M. 5. - 55- PLANNING ITEM # 49691 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Man&go, Ctty Counctl ADOPTED Or&nance upon apphcatton of ATLANTIC ENTERPRISES, INC., for a Con&ttonal Use Permtt: ORDINANCE UPON APPLICATION OF ATLANTIC ENTERPRISES; INC, FOR A CONDITIONAL USE PERMIT FOR A COMMERCIAL PARKING LOT R050231025 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon apphcatton of Atlanttc Enterprtses, Inc ,for a Con&ttonal Use Permtt for a commerctal parktng lot at the southwest corner of Atlanttc Avenue and 30th Street (GPIN #2428-01-6618) Satd parcel ts located at 2906 Atlanttc Avenue and contatns 36, 120 square feet DISTRICT 6 - BEACH The followtng con&ttons shall be requtred The con&ttonal use permtt for a commerctal parktng lot ts approved for a pertod of two (2)years, wtth an admtntstrattve revtew every two (2) years thereafter The hours of operatton shall be from 8 O0 a m to 12 O0 a m, seven (7) days per week 3 An attendant shall be on duty at all ttmes durtng the hours ofoperatton Street frontage landscaptng aiid iiitei-ior coverage [~ii~¢ajOiiilg shall be tnstalled tn accordance wtth the Stte Plan Or&nance, Sectton SA, by the end of 2002 or the lot shall comply with the provisions of the amended section 23-58 should those amendments be adopted by the City Council in 2002. A butl&ng permtt shall be secured for the attendants butl&ng wtthm thtrty (30) days of Ctty Counctl approval of thts con&ttonal use permtt The butl&ng shall be located a mtntmum of fifty (50)feet east of the western right-of-way of Atlantzc Avenue, tn order to provtde for suffictent on-stte stacktng The butl&ng shall be so sttuated so as to be on the driver's side of the vehtcles entering the parktng lot Parktng lot hghttng shall be tnstalled wtthtn stxty (60) days of Ctty Counctl approval of thts use permtt The hght levels should be an average of 3 6 lumens, as recommended by the Illumtnattng Engtneermg Soctety of North Amerzca for parktng lots Thts Or&nance shall be effecttve tn accordance wtth Section 107 09 of the Zomng Or&nance Adopted by the Counctl of the Ctty of Vtrgmta Beach, Vtrgtnta, on the Twenty-etghth of May, Two Thousand Two May 28, 2002 - 56- Item VI-M.$. PL~4NNING ITEM # 49691 (Continued) Votmg 10-0 (By ConsenO 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 Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wdson Councd Members Voting Nay None Councd Members Abstatmng Nancy K Parker Councd Members Absent None May 28, 2002 -57- Item VI-M. 6. PLANNING ITEM # 49692 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Man&go, Ctty Counctl ADOPTED an Ordtnance upon Apphcatton of 7-ELEVEN, INC.,for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF 7-ELEVEN, INC, FOR A CONDITIONAL USE PERMIT FOR FUEL SALES IN CONJUNCTION WITH A CONVENIENCE STORE R050231026 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon Apphcatton of 7-Eleven, Inc, for a Condtttonal Use Permtt for fuel sales tn conjunctton wtth a conventence store on certatn property located at the southwest corner of Lasktn Road and Village Drtve (GPIN #2407-5 7-8930, #2407-57-9974) Satdparcel contatns 1 085acres DISTRICT 6 - BEACH The followtng conchttons shall be requtred The stte layout and landscape elements shall be tn substanttal conformance wtth the stte plan submttted and entttled, "7- Eleven, Prehmtnary Stte Plan, Lasktn Road and Vtllage Drtve," prepared by URS, dated March 15, 2002, whtch has been exhibited to the City Councd and ts on file tn the Planning Department, with the addttton of Category I landscaping behtnd the butldtng, along the faqade This Category I landscaptng can be etther tn addttton to or tn heu of the broadleaf evergreen screemng shrubs deptcted tn the rear of the structure on the submttted plans The bud&ng elevattons shall be tn substanttal conformance wtth the drawtngs submttted and entttled, "7- Eleven Convenience Store wtth Fuel Statton, Lasktn Road and Vtllage Drtve," prepared by URS, dated July 2, 2001, whtch have been exhtbtted to the Ctty Counctl and are on file tn the Planntng Department The trash enclosure shall be screened wtth a sohd brtck wall to match the butldtng and shall tnclude evergreen shrubs havtng good screentng capabthttes, no less than three (3)feet tn hetght at the ttme of planting, spaced tn accordance wtth the City's Landscaptng, Screemng and Buffermg Spectficattons and Standards, and matntatned at all ttmes tn good condttton at a mmtmum hetght not lower than the wall SaM enclosure shall not be vtstble from Laskm Road All rooftop eqmpment, such as heating, venttlatton, and atr condtttontng units shall be concealed from typtcal street level vtew All ground level butldtng mechantcal equtpment shall be screened tn accordance wtth Sectton 245 (e) of the Zomng Ordmance No stgnage tn excess of a total offour (4) square feet of the enttre glass area of the extertor wall nor any neon stgns or accents shall be permttted tn or on the wtndows and/or doors of the conventence store Stgnage shall be hmtted to traffic control stgns, one monument style sign wtth a brick base to match that of the proposed conventence store butldtng, a stgn above the entrance door as deptcted on the submttted elevattons, a stgn on the rear of the butldtng (western facade) as deptcted on the submttted elevatton, logos and strtptng on the fuel canopy as deptcted on the submttted elevattons, and the stgnage permttted as descrtbed tn condttton number 5 above No spandrel stgnage under the canopy ts permttted May 28, 2002 Item VI-M. 6. - 58 - PLANNING ITEM # 49692 (Continued) &dewalks shall be tnstalled along pubhc rtghts-of-way, tn accordance wtth the Department of Pubhc Works Engtneertng Spectficattons and Standards and shall be deptcted on the final stte plan Internal pedestrtan walkways shall be tnstalled from each rtght- of-way to the entrance of the store as described tn Sectton 246 (4) and shall be deptcted on the final stte plan 9 No outdoor vendtng machtnes shall be allowed 10 No merchandtse shall be &splayed or stored outstde of the butldtng 11 A hghttngplan shall be submtttedfor approval durtngfinal stte plan revtew Thts Ordtnance shall be effecttve tn accordance with Sectton 107 09 of the Zontng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twenty-eighth of May, Two Thousand Two Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Voting Nay None Council Members Abstatntng Wtlham W Harrtson, Jr Counctl Members Absent None Counctlman Harrtson ABSTAINED on Item M 6 (7-Eleven) as hts law firm provides legal servtces property May 28, 2002 Item VI-M. 7. - 59 - PLANNING ITEM # 49693 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Man&go, Ctty Counctl ADOPTED an Or&nance upon Apphcatton of THIRTY-SEVEN-O1ASSOCIA TES, L.L. C., for a Con&ttonal Use Permtt ORDINANCE UPON APPLICATION OF THIRTY-SEVEN-O1 ASSOCIATES, L L C, FOR A CONDITIONAL USE PERMIT FOR A D RI VE- THRU WIND 0 W (B A NK) R 0 5 0 2 310 2 7 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon Apphcatton of Thtrty-Seven-O1 Assoctates, L L C, for a Con&ttonal Use Permit for a Drtve-Thru Wtndow (Bank) on Lots 4 & 5, Block 87, Vtrgmta Beach Development Co (GPIN #2418-94-8362) Satd parcel ts located at 3701 Pactfic Avenue and contatns 15,120 square feet DISTRICT 6- BEA CH The followtng con&ttons shall be reqmred The apphcant shall obtain a vartance from the Board of Zomng Appeals for the requtred parktng prtor to occupancy of the bud&ng All tntertor lot hnes on the stte shall be vacated and a new plat recorded wtth the Clerk of Ctrcutt Court prtor to occupancy of the bud&ng The nonconformtng freestan&ng sign shall be removed A freestan&ng stgn conformtng to the Ctty Zoning Or&nance may be installed once the nonconformtng stgn ts removed These Or&nances shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Or&nance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgmta, on the Twenty-etghth of May, Two Thousand Two Vottng 11-0 (By ConsenO Councd Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wdson Councd Members Vottng Nay None Councd Members Absent None Item VI-M. 8 May 28, 2002 - 60 - PLANNING ITEM # 49694 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Man&go, Ctty Counctl APPROVED Apphcatton of VOICE STREAM for the mo&ficatton of con&ttons approved February 1 O, 1998 Or&nance upon Apphcatton of Voice Stream for the mo&ficatton of con&ttons placed on the apphcatton for a communtcatton tower on February 10, 1998 Property ts located at 409 First Colontal Road DISTRICT 6- BEA CH The followtng con&ttons shall be requtred MODIFICATION TO FEBR UAR Y 1 O, 1998 CUP: The overall hetght of the communtcatton tower and any antennae shall not exceed 135feet above ground level FROM ORIGINAL FEBRUARY 10, 1998 CUP The locatton of the proposed tower must be shtfied a mtmmum of 20 feet westwardly towards the extsttng tower FROM ORIGINAL FEBRUARY IO, 1998 CUP In ad&tton to the extsttng landscaptng shown on the submttted plan, the apphcant must also install a planttng bed 10 feet tn wtdth, exten&ngfrom the southwestern corner of the stte eastward for a &stance of 200 feet, at whtch potnt the planttng bed must extend northward for an ad&ttonal 60 feet formtng an L shaped planttng area Prtor to constructton of the proposed tower, the app h ca n t m us t t ns ta ll L eyla n d Cypress wt th t n th e en tt re pla ntt ng bed, plants 6-8feet tn hetght at plantmg, 20feet on center FROM ORIGINAL FEBRUARY 10, 1998 CUP Futurejotnt use for prtmary and secondary tower users must be accommodated on this tower FROM ORIGINAL FEBRUARY I0, 1998 CUP The proposed tower may not be patnted Ltghttng of the tower must conform to the standard hghttng requtrement outhned tn FAA gutdehnes for towers of 135 feet tn hetght or lower If due to FAA or other state or federal gutdehnes, pamttng or mo&fled hghttng ts requtred, the apphcant may not construct a tower any htgher than that whtch would be permttted by the FAA whtch would not have to be patnted or ht by a strobe hghttng devtce FROM ORIGINAL FEBRUARY I O, 1998 CUP If the tower ts not betng used for accommodattng wtreless communtcatton antennae for a period of one (1) year, tt shall be removed ADDITION TO FEBRUARY 1 O, 1998 CUP: Unless a watver ts obtamed from the Ctty of Vtrgmta Beach Department of Communtcattons and lnformatton Technology (COMIT), a ra&o 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 tower and all subsequent users ADDITION TO FEBRUARY 10, 1998 CUP: In the event tnterference wtth any Ctty emergency communtcattons facthttes artses from the users of thts tower, the user(s) shall take all measures reasonably necessary to correct and ehmtnate the tnterference If the tnterference cannot be ehmtnated wtthtn a reasonable ttme, the user shall tmme&ately cease operatton to the extent necessary to stop the tnterference May 28, 2002 - 61 - Item VI-M. 8 PLANNING ITEM # 49694 (Continued) Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, ,Ir and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent. None May 28, 2002 Item VI-M9 PLANNING ITEM # 49695 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Man&go, Ctty Counctl ADOPTED Or&nance upon apphcatton of VIRGINIA BEA CH S.P.C.A., for a Con&ttonal Use Permtt ORDINANCE UPONAPPLICA TION OF VIRGINIA BEA CH S P C A FOR A CONDITIONAL USE PERMIT FOR AN ANIMAL SHELTER BANK) R050231028 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon Apphcatton of Vtrgtnta Beach S P C A for a Con&ttonal Use Permttfor an ammal shelter on Parcel A-I, Sub&vtston of Bow Rtver (GPIN #1495-24-1251) Satd parcel ts located at 3040 Holland Road and contatns 2 65 acres DISTRICT 7 - PRINCESS ANNE The followtng con&ttons shall be requtred The proposed ad&ttons and covered dog runs shall substanttally conform wtth the submttted plan tttled "SITE PLAN FOR THE S P CA ", whtch ts on file wtth the Ctty of Vtrgtnta Beach Planntng Department The proposed ad&ttons and covered dog runs shall substanttally conform wtth the submttted plan tttled "Prehmtnary Drawtng A 4 1 ", prepared by The Destgn Collaborattve Archttects Satd plan ts on file with the Ctty of Vtrgtnta Beach Planmng Department ty No additional se~ices beyond those provided in the facili~ on General Booth Boulevard in 1986 shall be permitted All facthttes shall be enclosed except the covered dog runs that are to be used as areas forpotenttal patrtng of pets and owners No ammals shall be left unattended tn those destgnated areas These Or&nances shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Or&nance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgmta, on the Twenty-etghth of May, Two Thousand Two Vottng 11-0 (By ConsenO Council 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 May 28, 2002 Item VI-N. 1 APPOINTMENTS ITEM # 49696 Upon NOMINATION by Vtce Mayor Sessoms, Ctty Counctl REAPPOINTED: Charles R. Wall 3 year term 7/1/02 - 6/30/05 CHESAPEAKE BA Y AL COHOL SA FE TY A C TION PROGRAM (CBASAP Vottng 11-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None May 28, 2002 Item VI-N.2. APPOINTMENTS ITEM # 4969 7 Upon NOMINATION by Vtce Mayor Sessoms, Ctty Counctl APPOINTED: Raymond Kirby - Family Member unexpired thru 12/31/03 COMMUNITY SER VICES BOARD Vottng 11-0 Council Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wdson Counctl Members Vottng Nay None Counctl Members Absent None May 28, 2002 Item VI-N. 3. APPOINTMENTS ITEM # 49698 Upon NOMINATION by Vtce Mayor Sessoms, City Councd APPOINTED: Page Lea unexpired thru 8/31/05 DE VEL OPMENT AUTHORITY Vottng 9-1 Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker and Vtce Mayor Wdham D Sessoms, Jr Councd Members Vottng Nay Reba S McClanan Counctl Members Abstatntng Rosemary Wdson Councd Members Absent None Rosemary Wdson ABSTAINED, as advtsed by the Cay Attorney Her husband ts a prtnctpal tn the accounttng firm of Goodman and Company and earns compensatton whtch exceeds $10,000 O0 annually Goodman and Company has provtded accounttng and tax servtces related to 31st Street and the Beach Quarters Inn The Ctty Attorney has advtsed that she ts requtred to dtsclose anypersonal tnterest as tt meets the crtterta of a personal tnterest tn the transactton under the Confltct of Interests Act and ts dtsquahfied from parttctpattng tn thts transactton Councd Lady Wdson 's letter of Aprd 9, 2002, ts hereby made apart of the record May 28, 2002 - 66- Item VI-N. 4. APPOINTMENTS ITEM # 49699 Upon NOMINATION by Vtce Mayor Sessoms, Ctty Council REAPPOINTED: Jody M. Wagner 3 year term 6/1/02 - 6/30/05 EASTERN VIRGINIA MEDICAL SCHOOL Vottng 11-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba $ 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 May 28, 2002 - 67- Item VI-P. ITEM # 49 700 AD JO URNMENT Mayor Meyera E Oberndorf DECLARED the City Counctl Meetmg ADJOURNED at 7:03 P.M. Beverly 0 Hooks, CMC Chtef Deputy Ctty Clerk Ctty Clerk Meyera E Oberndorf Mayor Ctty of l&rgtnta Beach l/trgtnta May 28, 2002