HomeMy WebLinkAboutNOVEMBER 25, 2003 MINUTES
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
ITY COUNCIL
MAYOR MEYERA E OBERNDORr At-Large
VICE MAYOR LOUIS R JONES BaYl/de - DllIr10 oj
HARRY E DIEZ,EL, KempIVdle - Dlltmt 2
MARGARET L EURE, Centefvllle - Dlllr1ct }
REBA S M(CLANAN, ROle Ha/l-/Jlltf/({ 3
RlC HARD A MADDOX Beach - /)/ltm/ (,
JIM REEVE Prmcell Anne - })/ltr/u 7
PETER W ,"'c HMIDT A/-Lw ge
RON A VILLANUEVA, At-Large
ROSEMARY WILSON At-Large
JAMES L WOOD, Lynnhaven -DlltrtLl 5
CITY COUNCIL AGENDA
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE (757) 427-4303
FAX (757) 426-5669
EMAIL Ctycnc/@vbgov com
JAMES K SPORE, Cay Manager
LESLIE L LILLEY, Cay Attorney
RUTH HODGES SMITH, MMCA, Cay Clerk
25 N ovem ber 2003
I.
CITY MANAGER'S BRIEFING
- Conference Room -
3:00 P.M.
A. YEAR END AUDIT
Patncia Phillips, Director, Department of Finance
II. REVIEW OF AGENDA ITEMS
III CITY COUNCIL COMMENTS
IV.
INFORMAL SESSION
- Conference Room -
4:00 P.M.
A. CALL TO ORDER - Mayor Meyera E Oberndorf
B ROLL CALL OF CITY COUNCIL
C RECESS TO CLOSED SESSION
V.
FORMAL SESSION
- Council Chamber -
6:00 P.M.
A. CALL TO ORDER - Mayor Meyera E Oberndorf
B
INVOCATION:
Reverend Stanley Sawyer
Pastor, All SaInts EpIscopal Church
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
25 November 2003
Mayor Meyera E Oberndorf called to order the City Manager's Briefing re YEAR END AUDIT In the
City Counczl Conference Room, City Hall, on Tuesday, November 25, 2003 at 3 00 P M
Council Members Present
Harry E Diezel, Margaret L Eure, Vice Mayor LoUis R Jones, Reba
S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf,
Peter W Schmidt, Ron A Villanueva and James L Wood
Council Members Absent
Jim Reeve
[Family Vacatwn)
Rosemary Wzlson
[Famzly Vacatwn)
- - - - r- - ---- -
- 2-
C IT Y MANA G E R fS B R I E FIN G
YEAR END AUDIT
3:00 P.M.
ITEM # 51887
Patricia A Phillips, Director - Department of Fmance, advised Cherry, Bekaert and Holland Audit Team
has completed the audit for the City for the year ended June 30, 2003 Once agazn, the auditors have
rendered an unqualified, clean OpiniOn A copy of the Comprehensive Annual Fmancial Report (CAFR) and
the Annual Long-Term Debt Report was distributed to City Council The CAFR is the City'S second under
the new reportmg model, Governmental Accountzng Standard Board (GASB) Statement 34, titled "Basic
Fznancial Statements and Management Dlscusszon and Analysls for State and Local Governments"
Governmental Accounting Standards Board (GASB)
What are the Major Changes?
Incluszon of Management's Discusszon and Analysis (M, D & A)
Two new Entlty- Wide Statements
Statement of Net Assets
Statement of Actlvltles
Infrastructure and Capltal Assets
Outstandzng Debt
Entity- wide focus rather than on zndividual funds
Full accrual accountmg
Entity-Wide: Consolidates all governmental and business activities
Governmental ActIvities Column
General Fund, Special Revenue Funds Debt Service Fund and Others
Busmess ActiVities Column
Water and Sewer, Storm Water, Golf Courses and parkzng enterprlse funds
Program revenues for each actlvlty
Fund Statements: Legal Compliance
Separate financial reportzng Units
No program revenues identified for governmental activities
November 25,2003
- 3 -
C IT Y MAN AGE R fS B R I E FIN G
YEAR END AUDIT
ITEM # 51887 (Continued)
Statement of Net Assets - Primary Government - June 30, 2003 (In Millions)
Governmental Busmess- Type Total
Current and other $ 2985 $ 1500 $ 448 5
Capital Assets 2.301 2 7433 3.044 5
Total Assets $ 2.599 7 $ 8933 $3.493 0
Long- Term Lzabilzties $ 6067 $ 1268 $ 7335
Other Lzabilzties 1056 211 1267
Total Lzabilzties $ 7125 $ 1479 $ 8602
Invested zn Capital $1,7285 $ 6482 $2,376 7
Assets, Net of Debt
Restricted 590 969 1559
Unrestricted 999 03 1002
Total Net Assets $ 1.887 4 $ 7454 $2.632 8
Statement of Net Assets - Primary Government -June 30, 2003 (In Millions)
Expenses Program Revenues Net Expenses
Governmental Activities
City Expenses $ 5027 $ 1860 $ (316 7)
Educatzonal Expenses 2693 00 (2693)
Total Governmental $ 7720 $ 1860 $ (5860)
Busmess Type Activities 976 1077 101
Total Prlmary Government $ 8696 $ 2937 $ (575 9)
General Revenue
Taxes $ 6363
Przncess Anne Park Sale 88
Net Increase 692
Net Assets Begznnzng $ 2.563 6
Net Asset - Endmg $ 2.632 8
November 25,2003
- 5 -
C IT Y MANA G E R fS B R I E FIN G
YEAR END AUDIT
ITEM # 51887 (Continued)
General Fund Local Revenues
For Fiscal Year Ended June 30,2003 (In Millions)
Budget Actual Variance
General Property Taxes $ 407 I $ 411 6 $45
Utilzty Taxes 366 378 12
General Sales Taxes 414 418 04
Buszness Licenses 308 292 (1 6)
Franchise Taxes - Cox Com 47 44 (0 3)
Clty Tax on Deeds 32 48 I 6
Cigarette Taxes 91 98 07
Restaurant Meal Taxes 327 344 I 7
Amusement Taxes 38 40 02
Hotel Room Taxes 170 177 07
Use of Money and Property 62 29 (33)
Charges for Service & Misc 108 II 3 05
Other Revenue, net 185 177 (08)
Total Local Revenue $ 621 9 $6274 U.1
General Fund
Summary of Expenses June 30, 2002 (in millions)
Budget Actual Variance
Cay Expenses $ 469 8 $ 620 $ 78
Schools ( Cay Fundzng) 2552 2430 122
Total Expenses $ 725 0 $ 705 0 $200
Mrs Phllllps advlsed Undesignated Fund Balance (less Reservations and Designations) lS $630-
MILLION Issues affectzng fund balance Uncertaznty of State fundzng for 2004 and 2005 future capital
needs, "economy", riszng debt service costs and, ratzngs
November 25, 2003
- 6-
C IT Y MAN AGE R fS B R I E FIN G
YEAR END AUDIT
ITEM # 51887 (Continued)
School Operating Fund-Statement of Revenues, Expenses & Encumbrances For the Fiscal Year
Ended June 30, 2003 (in millions)
REVENUES Budget Actual Variance
Clty $ 2362 $ 224 0 $ (122)*
Local 22 24 02
From Commonwealth 2562 2565 03
From Federal Government -HJ. ---12..1 --12.
Total Revenues $ 509 0 $ 502 6 ~
EXPENDITURES
Instructzon $ 401 4 $ 397 7 $37
Admlnistratzon, Attendance & 183 174 09
Health
Pupil Transportatzon 257 241 1 6
Operatzons & Mamtenance 705 -.lJU ---1li.
Total Expenses & $ 515 9 $ 509 3 $66
Encumbrances
* Reverszon amount to be reappropriated by Council
Outstanding Debt By Purpose - June 30, 2003
Schools
42.6%
General Government
36.2%
Water and Sewer
16.4%
Agriculture Reserve Program
Storm Water
2.8%
2.0%
November 25, 2003
- 7 -
CITY MANA GER fS BRIEFING
YEAR END AUDIT
ITEM # 51887 (Continued)
Mrs Phlllips mtroduced the A UDIT TEAM
John Montoro, CPA - Engagement Partner
Bob Bielat, CPA - Service Partner
Mike Bush, CPA - Manager
Senior Accountants
Krista Ross, CPA
Sonya Johnson, CPA
Travis Johnson (Business Type Activities)
Marc Huntzinger, CPA (Development Authority)
Staff Assistants
Bradford Tibbs (City and Development Authority)
Morgan Scott (Business Type Activities)
Sarah Wilder
RelatIve franchise taxes with Cox Communicatzons, and the class actzon SUlt re hlghspeed mternet lmes, the
City Attorney adVised the City was not successful m the Nznth Circuit Court There is another case pendzng
With the Federal Commumcatzons Commlsszon (FCC) zn which cltles natzonwlde are mvolved
The City Manager advlsed the Hampton Roads Plannzng Dlstrict Commisszon (HRPDC) lS endeavorzng to
develop a regzonal approach to the Cox Franchlse David Sullivan, Chief Informatzon Office, has been
coordznatmg wlth the Plannzng Dlstrict Commlsszon re thls approach
Mr John Montoro, CPA - Engagement Partner, Cherry, Bekaert & Holland Audit Team, adVised the first
year is a challenge and thiS year went very smoothly Cherry, Bekaert & Holland lS the 22nd largest Certified
Publzc Accountant Firm m the country Cherry, Bekaert & Holland is headquartered m Richmond and
located in seven (7) states from RIchmond, Vlrglma, down to West Palm Beach, FlOrida Thelr largest office
is located zn TownCenter
Auditors' Opinion
Unqualified Opinion
Accountzng prznciples generally accepted m the Umted States of
America
Material Transactzons and balances
Complzance wlth laws and regulatzons
November 25, 2003
- 8-
C IT Y MAN AGE R 'S B R I E FIN G
YEAR END AUDIT
ITEM # 51887 (Continued)
Required Communications
Auditor's responsibility under generally accepted auditing standards
Assessed rzsk that the financzal statements may contain a
material misstatement, ezther intentzonal or Unintentzonal
Audztors documented and considered znternal controls to assist
With the audit approach, not for the purpose of providmg
assurance on those controls
Auditor's responsibility under OMB Circular A-I33
Audztors performed procedures in order to express an opimon on
the City'S complzance With reqUirements applzcable to major
Federal programs
Auditors performed tests of controls to assess the City'S abilzty
to detect material non-complzance wzth program reqUirements,
not to express an oplmon on controls
Independence
In accordance wlth AICP A Rule 101, and the zndependence
standards contazned zn Government Auditzng Standards, the
Auditors were and continue to be, zndependent with respect tot he
Clty of Vlrglma Beach
Accounting Policies
No new Significant polzcles adopted
No transactzons that lacked authorztative consensus
Estimates
These statements include estimates
Allowance for doubtful accounts
Depreczatzon
Value of infrastructure assets
Significant Audit Adjustments:
There were no Significant audit adjustments proposed by the
Audltors that would mdicate a weakness zn the Clty's reporting
process
There were no misstatements that were not corrected
November 25,2003
- 9-
C I T Y MANA G E R 'S B R I E FIN G
YEAR END AUDIT
ITEM # 51887 (Continued)
Mr Montoro advlsed the audit process entazled approxlmately two thousand (2,000) hours The audlt
commenced wzth a Planlllng Meetzng to assess risk and document controls zn order to understand a very
complex organizatzon A technical expert performs all the Informatzon Technology documentatzon Tests are
planned of those controls to determzne if thls documentatzon can be relzed upon Substantlve procedures are
performed i e actually gomg throughfiles and reviewzng supportzngdocumentatzon The presentatzon of the
report is revlewed to determzne if it is m accordance wzth generally accepted accountzng prmclpals The
major part of an audltfor governments lS complzance, both Federal and State A risk assessment determmes
the financzal areas the majority of tlme should be expended
The City Treasurer's Office, as custodzan of the Czty 's funds, is part of the audit The Commisszoner of
Revenue's office is reviewed for assessment of taxes, buszness lzcenses and hotel taxes
November 25, 2003
- 10-
AGE N DA REV I E W S E S S ION
3:35 P.M.
ITEM # 51888
J 4 Ordznances to A UTHORIZE temporary encroachment
znto portzons of the Cay's rights-ofway
b SALEM WOODS CIVIC ASSOCIA TION, for znstallatzon of a
non-illumznated ldentificatzon sign at Pissarro Circle and
Lynnhaven Parkway
Councilman Villanueva znquired relative landscapmg assoczated With the sign Jim Lawson, Real Estate -
Publzc Works, advised there would be mznor landscapzng around the base
ITEM # 51889
BY CONSENSUS, thefollowmg shall compose the CONSENT AGENDA:
ORDINANCES
J 1 Ordmance to A UTHORIZE acquIsition, by
Installment Purchase Agreement, of a portion of the
Williams Farm for open space and an elementary school;
and APPROPRIATE $5-Millzon for thiS purchase zn
accordance With the agreement
J 2 Ordznance to ACCEPT and APPROPRIATE
$1,132,000 from the Federal Emergency Management
Agency (FEMA) to the Flre Department's FY 2003-04
Operatmg Budget for equlpment and traznzng support for
the Virginia Task Force 2, Urban Search and Rescue
Team
J 3 Ordznance to ACCEPT and APPROPRIATE a $36,000
Grant from the Virgznza Saltwater Recreatzonal Fishzng
Development fund for disabled person access
lmprovements to Little Island Fishing Pier
J 4 Ordznances to A UTHORIZE temporary encroachments
mto portzons of the City'S rights-f way
a .TOHN B. PICCO, for the extenszon of a finger pier,
(catwalk) and boat lift at Crab Creek adjacent to
Pledmont Circle
b SALEM WOODS CIVIC ASSOCIA TION, for znstallatzon
of a non-illumznated ldentificatwn sign at Pissarro Circle
and Lynnhaven Parkway
J 5 Resolutzon acknowledgzng the mvaluable support and
professzonal servlces provlded by the Super Hornet
Commission durmg the reView process of the draft EIS re
placement of the F/A-18 azrcraft on the East Coast
November 25,2003
- 11 -
AGE N DA REV I E W S E S S ION
ITEM # 51890
K 2 Applzcatzon of THE TAYLOR GROUP, LLP for the
discontinuance. closure and abandonment of a
portion of Old London Bridge Road east of Harpers
Road and London Bridge Road
(DISTRICT 6 - BEACH)
Councilman Maddox adVised he has thoroughly revlewed thls applzcatzon ThlS property can onlv be utlllzed
for agriculture or a utilzty substatzon Iffurther uses were desired, the property would have to be rezoned,
and the applzcant would have to present a concept plan at that tune The staff recommended denial because
there was no plan of development assoczated wzth the future use
Councilman Maddox recommended thls ltem be adopted ThlS applzcatzon shall be under the Consent Agenda
for approval
ITEM # 51891
K 4 Applicatzon of cA VALIER GOLF & YACHT CLUB re
dlscontznuance. closure and abandonment of the cul-de-
sac at the eastern termznus of Tanager Trail (Deferred by
Czty Councll October 28, 2003)
(DISTRICT 5 LYNNHA VEN)
K 6 Applzcatzon of NEAR POST, L.L.c. for a Change of
ZOninf! District Classificatzon from H-l Hotel District, B-2
Buszness District, B-1 Buszness District and R-40
Resldentzal Dlstrict to Condltzonal A-36 Apartment
District at 1020 and 1040 Laskm Road and a portzon of
Parcel A on Orzole Drive (Deferred by City Council
October 28, 2003)
(DISTRICT 5 -LYNNHAVEN)
Counczlman Wood advlsed these two applzcatzons are related
The property lS located wlthzn the AIRCRAFT ACCident Potentzal Zone (APZ) II for the NAS Oceana Alr
Base These items wlll be dlscussed durmg the Formal Sesszon
ITEM # 51892
K 9 Applzcation of OMNIPOINT/T-MOBILE for a
Condztzonal Use Permit re telecommunicatzons tower at
3600 Holland Road (DISTRICT 3 - ROSE HALL)
Counczl Lady McClanan expressed concern relative the height and prOXimity of this tower to the residentzal
area Relative retrofittzng eXistzng utilzty poles, the City Manager adVised the reView process mvolves co-
locatzon opportumtles Stephen Whlte, Planning. advlsed there were no other opportumtles avazlable m thls
area
Mayor Oberndorf and Council Lady McClanan Wlll vote NAY on thls ztem
November 25,2003
- 12-
AGE N DA REV I E W S E S S ION
ITEM # 51893
K 10 Applzcatzon of ROBERT ARNOLD for a Condltzonal Use
Permit re automobzle sales at 1305 Ocean a Boulevard
(DISTRICT 6 BEACH)
Council Lady McClanan will vote NA Y on thiS item
ITEM # 51894
K 14 Applzcatzon of FORT WORTH DEVELOPMENT, INC.
for a Conditzonal Use Permlt re a multl-famlly
Condominium zn the B-4 Shore Drzve Corrzdor Overlay
Distrzct at Dmwiddie Road and DuPont Circle (Approved
by Clty Councll August 12, 2003)
(DISTRICT 4 - BA YSIDE)
This ztem wlll be discussed durzng Formal Sesszon
ITEM # 51895
BY CONSENSUS, the followmg shall compose the PLANNING BY CONSENT AGENDA:
PLANNING
K 2 Applzcatzon of THE TAYLOR GROUP, LLP for the
dlscontlnuance. closure and abandonment of a
portlon of Old London Bridge Road east of Harpers
Road and London Brzdge Road
(DISTRICT 6 - BEACH)
K 3 Applzcatzon of VTC ONE, LLC for the dlscontznuance.
closure and abandonment of a portlon of Regent
University Drive south of 1-64
(DISTRICT 1 - CENTERVILLE)
K 5 REQUEST for an EXTENSION of four (4) months to
March 25, 2004, for complzance zn the discontmuance.
closure and abandonment of a portzon of Admiral Wright
Boulevard by Demertrious Kouloukis. (Approved by
City Council November 26, 2002)
(DISTRICT - KEMPSVILLE)
November 25,2003
- J 3-
AGE N DA REV I E W S E S S ION
ITEM # 51895 (Continued)
K 6 Applzcatzon of BACK BA Y CHRISTIAN ASSEMBLY OF
GOD for MODIFICATION to a Conditional Use
Permit to allow constructzon of an additzonal bUildzng to
house classrooms and a gymnaslum at 1196 Przncess Anne
Road (Approved by the Clty Councll June 22, 1999)
(DISTRICT 7 PRINCESS ANNE)
K 7 Petitzon for a Variance to Sectzon 4 4 (b) of the
Subdiviszon Ordznance that requires all newly created lots
meet all the requirements of the Czty Zonzng Ordinance
(CZO) and allow the property to be subdlvided znto four
(4) lots for BAY REFLECTIONS BUILDING, LLc at
Shoveller Avenue and Mill Dam Road
(DISTRICT 5 - LYNNHA VEN)
K 8 Petitzon of GREEN HILL BY THE BAY
CONDOMINIUM OWNERS ASSOCIATION for a
Conditional Use Permit re community boat pier and
dock at Lovetts Pond Lane and Green Hill
Road (DISTRICT 5 - L YNNHA VEN)
K 9 Applzcatzon of OMNIPOINT/T-MOBILE for a
Condztlonal Use Permit re telecommunicatzons tower at
3600 Holland Road (DISTRICT 3 - ROSE HALL)
K J 0 Applzcatzon of ROBERT ARNOLD for a Conditzonal Use
Permit re automobzle sales at 1305 Oceana Boulevard
(DISTRICT6 BEACH)
K 11 Applzcatzon of GOODWILL INDUSTRIES OF
HAMPTON ROADS, INC. for a Conditzonal Use Permit
re automobzle sales at 5565 Virglma Beach Boulevard
(DISTRICT 2 - KEMPSVILLE)
K J 2 Applzcation of WDR PROPERTIES, INC. for a
Conditzonal Use Permzt re automobile sales and rental at
5657 Shore Drive
(DISTRICT 4 - BA YSIDE)
K J 3 Applzcatzon of CRAIG WYNE for a Conditzonal Use
Permit re for automobile sales at Virginia Beach
Boulevard and Lavender Lane
(DISTRICT 4 - BA YSIDE)
November 25, 2003
- 14 -
AGE N DA REV I E W S E S S ION
ITEM # 51895 (Continued)
K 15 Applzcatzons of BERKSHIRE-HUDSON CAPITAL, XI,
LLC re Chanf!e of Zonznf!
(DISTRICT 7 PRINCESS ANNE)
a From B-1 Neighborhood Business District, B-2
Community Business District and A G-2 Agricultural
District with Historic and Cultural Overlays to
Conditional B-2 Community Business District with
Historic and Cultural Overlays east of Przncess Anne
Road and North Landzng Road
b From B-2 Community Business District with Historic
and Cultural Overlays to A G-2 Agricultural District with
Historic and Cultural Overlays at Przncess Anne Road
and Courthouse Drive
K 17 Applzcatzon of CITY OF VIRGINIA BEACH for a
Change ofZoninf! from R-5D Residential Duplex District
to P-1 Preservation District at Shell Road and Downs
Lane
(DISTRICT 4 - BAYSIDE)
Item K lls a NO ACTION ITEM (AMEND COMPREHENSIVE PLAN) ThlS ltem Will be consldered on
December 2,2003
Councll Lady McClanan Will vote NA Y on Items 9 (Omnipoznt/T-Moblle) and 10 (Robert Arnold)
Mayor Oberndorf Will vote NA Y on Item 9 (Omnipoznt/T-Mobile)
Item 15 a/b (Berkshzre Hudson) wlll be DEFERRED, BY CONSENT, untll the City Councll Sesszon of
December 9,2003
November 25,2003
- 15 -
CITY COUNCIL COMMENTS
3:50 P.M.
ITEM # 51896
CouncIl Lady McClanan znquired relative the unusual number of Conditzonal Use Permit for automobile
sales. These small lots were prevzously discouraged These lots become unsightly when too many cars occupy
the site
Robert Scott, Dlrector of Plannzng, advlsed these applzcatzons are consldered on a case-by-case basls re
location, present occupier of the site and the number of cars at one time avazlable for sale If the site is
smaller than an acre, there is concern Mr Scott referenced on automobile sales lot which has become a
problem slte and lS defimtely overcrowded, however, sometlmes the same problem eXlsts wlth the larger
lots
ITEM # 51897
Mayor Oberndorf expressed concern relatlve a widow's pZzght who resldes off Gum Swamp Road,
concernmg a fallen tree The lady received notice from the City warnzng a fine of $100 would be assessed
if the tree lS not removed wlthzn a certazn amount of tlme Mayor Oberndorf advlsed the Clty has not Picked
up all the debris from Hurricane Isabel. She asked that Citizens be given every consideratzon rather than
fines There are also problems on ParZzament Drive
The City Manager adVised the tree on Gum Swamp Road has been Picked up by the City ThiS problem has
been corrected and he wlll personally reVlew the debriS on Parliament Drive
ITEM # 51898
Mayor Oberndorf expressed concern relatlve Clty property at the corner of Kempsville and Princess Anne
Roads bemg occupied on the weekend by truck sales of furniture from North Carolma Mayor Oberndorf
znqUlred whether thls ubusiness" possessed a license or is paying sales tax. When the trucks are not there
for furmture, entrepreneurs drive up and brzng out thousands of pazrs of tenms shoes for sale
Karen Lasley, Zonzng Admlnistrator, advlsed the zomng znspectors wlll check thiS slte There has been no
peddlers permits issued for thiS corner Because thiS corner is City property, the buszness would have to have
the Clty 's permisszon to occupy the slte The Peddlers Code lS very lenient and wlll be brought forward for
reView
ITEM # 51899
Vice Mayor Jones advlsed he recelved a petltzon slgned by 1,100 (Eleven hundred) resldents of the
Chesapeake Beach area requestzng the negotzatzons be reopened for the acquisitzon of Pleasure House Lake
property, so that It may be appralsed and preserved for Green /Open Space and publzc use The petitzon was
received from Clay Culbreth, PreSident - Chesapeake Beach CiViC League Vice Mayor Jones distributed
a copy of the letter, which is hereby made a part of the record
The City Council directed the City Manager to secure an appraisal of the property
November 25,2003
- 16-
CITY COUNCIL COMMENTS
ITEM # 51900
Mayor Oberndorf referenced the City Council Workshop of December 16, 2003 The report relative
Emergency Response may require more than the two hours allocatedfor the Workshop
BY CONSENSUS, the Workshop of December 16, 2003, shall be scheduled for 2 00 P M
November 25, 2003
- 17 -
ITEM # 51901
Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Conference Room, City Hall Buzldzng, on Tuesday, November 25, 2003, at
4 05 P M
Councll Members Present
Harry E Diezel, Margaret L Eure, Vice Mayor LoUiS R Jones, Reba
S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf,
Peter W Schmidt, Ron A Villanueva and James L Wood
Council Members Absent
Jlm Reeve and Rosemary Wllson
November 25, 2003
- 18-
ITEM # 51902
Mayor Meyera E Oberndorf entertamed a motzon to permzt Clty Council to conduct ltS CLOSED SESSION,
pursuant to Sectzon 2 1-344(A), Code ofVirgima, as amended, for thefollowzngpurpose
PERSONNELMATTERS Dlscusszon, conslderatzon or mtervlews of prospective
candldates for employment, ass 19nmen t, appomtment, promotzon, performance,
demotzon, salaries, dlsciplzmng, or resignatzon of specific publzc officers,
appomtees, or employees pursuant to Sectzon 2 2-3711 (A) (1)
To Wlt Appomtments Boards and Commlsszons
MznOrity Buszness Counczl
Parks and Recreation Commisszon
Publzc Llbrary Board
Performmg Arts Theatre Advlsory Committee
Tidewater Regzonal Group Home Commisszon
Towzng Advisory Board
Vlrglnia Beach Community Development Corporatzon
PUBLICLY-HELD PROPERTY Discusszon or consideratzon of the conditzon,
acquisitzon, or use of real property for publzc purpose, or of the dispositzon of
publzcly-held property, or of plans for the future of an znstltutzon whlch could affect
the value of property owned or deslrable for ownershlp by such mstitutzon
pursuant to Sectzon 22-371 1 (A) (3)
Acquisitzon/Dispositzon of Property - Centerville District
Prmcess Anne Dlstrict
Bayslde Dlstrict
LEGAL MA TTERS Consultatzon With legal counselor briefings by staff members,
consultants, or attorneys pertazning to actual or probable lztigatzon, or other
specific legal matters requlrmg the prOVlszon of legal advlce by counsel pursuant
to Sectzon 2 2-3711 (A)(7)
Bruce B Mills v City of Virgmia Beach
Lelgh W Ansell v Czty of Vlrgmza Beach, et al
Upon motion by CounCilman Schmidt, seconded by Counczlman Wood, City Council voted to proceed mto
CLOSED SESSION.
V otmg 9-0
CounCil Members Votmg Aye
Harry E Diezel, Margaret L Eure, Vlce Mayor LoUls R Jones, Reba S McClanan,
Richard A Maddox, Mayor Meyera E Oberndorf, Peter W Schmidt, Ron A
Villanueva and James L Wood
Councll Members Votzng Nay
None
CounCil Members Absent
Jim Reeve and Rosemary Wzlson
(4:05 P.M. - 5:40 P.M.) (Dinner: 5:40 - 6:00 P.M.)
November 25, 2003
-19 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
November 25, 2003
6:00 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL zn the Council Chamber, Cay Hall BUildzng, on Tuesday, November 25, 2003, at 6 00 P M
Councll Members Present
Harry E Diezel, Margaret L Eure, Vice Mayor LoUis R Jones, Reba S
McClanan, Rlchard A Maddox, Mayor Meyera E Oberndorf, Peter W
Schmidt, Ron A Villanueva and James L Wood
Councll Members Absent
Jim Reeve
[Family Vacatzon)
Rosemary Wilson
[Famlly Vacatzon)
INVOCA TION Reverend Stanley Sal1}'er
Pastor, All Saznts Episcopal Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mayor Oberndorf expressed appreclatzon to Reverend Sal1}'er for hls servlce as a member of the Community
Services Board
November 25,2003
- 20-
Item V-E.
CERTIFICATION OF
CLOSED SESSION
ITEM # 51903
Upon motzon by Councllman Schmldt, seconded by Counczl Lady Eure, Clty Councll CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only publzc busmess matters lawfully exempt from Open Meetzng requirements
by Vlrgima law were dlscussed zn Closed Sesszon to whlch thls certificatzon
resolutzon applzes,
AND,
Only such public bus mess matters as were identified zn the motzon convenzng
the Closed Sesszon were heard, discussed or considered by Virgima Beach
Clty Councll
Votmg 9-0
Councll Members Votmg Aye
Harry E Diezel, Margaret L Eure, Vice Mayor LoUis R Jones, Reba S
McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Peter W
Schmidt, Ron A Villanueva and James L Wood
Council Members Votzng Nay
None
Council Members Absent
Jlm Reeve and Rosemary Wllson
November 25, 2003
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 # 51902, page 18, 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 m confomllty wIth VIrgmIa law
NOW, THEREFORE, BE IT RESOLVED That the V IrgmIa Beach CIty CouncIl hereby certIfies
that, to the best of each member's knowledge, (a) only publIc busmess matters lawfully exempted from Open
MeetIng reqUIrements by VIrgInIa law were dIscussed In Closed SessIOn to whIch thIS certIficatIOn resolutIon
applIes; and, (b) only such publIc busmess matters as were IdentIfied m the motIon convenIng thIS Closed
SessIOn were heard, dIscussed or consIdered by V IrgIma Beach CIty CouncIl.
November 25, 2003
- 21 -
Item V-F.1.
MINUTES
ITEM # 51904
Upon motzon by Vice Mayor Jones, seconded by Councilman Schmidt, City Counczl APPROVED the Mznutes
of the INFORMAL and FORMAL SESSIONS of November 4,2003.
Votmg
9-0
Council Members Votzng Aye
Harry E Diezel, Margaret L Eure, Vlce Mayor LoUis R Jones, Reba S
McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Peter W
Schmidt, Ron A Villanueva and James L Wood
Councll Members Votzng Nay
None
Counczl Members Absent
Jim Reeve and Rosemary Wilson
November 25, 2003
- 22-
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 51905
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
November 25,2003
- 23-
Item V-I.
PUBLIC HEARING
ITEM # 51906
Mayor Oberndorf DECLARED A PUBLIC HEARING:
AGRICULTURAL RESERVE PROGRAM (ARP)
Land on Head of River Road
There bezng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
November 25,2003
- 24-
Item V-J.
ORDINANCE
ITEM # 51907
Upon motzon by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED IN ONE
MOTION Ordinance 1,2,3,4 and 5 of the CONSENT AGENDA.
Voting
9-0 (By Consent)
Councll Members Votzng Aye
Harry E Dlezel, Margaret L Eure, Vlce Mayor LoUis R Jones, Reba S
McClanan, Rlchard A Maddox, Mayor Meyera E Oberndorf, Peter W
Schmldt, Ron A Vlllanueva and James L Wood
Council Members Votzng Nay
None
Council Members Absent
Jim Reeve and Rosemary Wzlson
November 25,2003
- 25-
Item V-J.1.
ORDINANCES
ITEM # 51908
Upon motzon by Vlce Mayor Jones, seconded by Councllman Schmldt, Clty Councll ADOPTED:
Ordznance to AUTHORIZE acqUisitzon, by Installment Purchase
Agreement, of a portzon of the Williams Farm for open space and an
elementary school, andAPPROPRIATE $5-Mzllzonfor thzs purchase
zn accordance wzth
V otzng
9-0 (By Consent)
Council Members Votzng Aye
Harry E Dlezel, Margaret L Eure, Vlce Mayor LoUis R Jones, Reba S.
McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Peter W
Schmidt, Ron A Villanueva and James L Wood
Council Members Votzng Nay
None
Council Members Absent
Jlm Reeve and Rosemary Wllson
November 25,2003
1 ORDINANCE NO.
2 AN ORDINANCE TO AUTHORIZE
3 ACQUISITION OF APPROXIMATELY 57.565
4 ACRES OF PROPERTY LOCATED AT ON THE
5 SOUTH SIDE OF NEWTOWN ROAD FOR
6 $5,000,000 FROM WilliAMS FARM, lllP
7 WHEREAS, Williams Farm, LLLP ("Williams") owns 76 acres of real estate located
8 on the south side of Newtown Road, and Williams desires to sell 57.565 acres of the
9 property (the "Property") to the City of Virginia Beach (the "City");
10 WHEREAS, the City's Open Space Subcommittee has Identified the Property as a
11 parcel to be conSidered for acquIsition as part of the City's open space Initiative, and has
12 recommended that the Property be acqUired for such purposes;
13 WHEREAS, the City CounCil of the City of Virginia Beach, Virginia (the "City
14 Council") IS of the opinion that the acquIsition of the Property would further the City's open
15 space initiative;
16 WHEREAS, Williams and City staff have worked with the City Attorney to draft an
1 7 Installment Purchase Agreement which sets forth the responSibilities and obligations of the
18 parties upon terms and conditions mutually agreeable to all parties; and
19 WHEREAS, funding for thiS acquisition is available In the Open Space AcqUisition
20 CIP account (CIP 4-004).
21 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
22 VIRGINIA:
23
1.
That the City Council authonzes the acquisition of the Property by
24 purchase pursuant to 9 15.2-1800 of the Code of Virginia (1950), as amended, which
25 Property IS shown on Exhibit A attached hereto.
26
2.
That the City Manager or his designee IS authonzed to execute on
27 behalf of the City of Virginia Beach, an Installment Purchase Agreement for the Property,
28 for the sum of $5,000,000 and In accordance with the Summary of Terms attached hereto.
29
3.
That the City Manager or his designee IS further authonzed to execute
30 all documents that may be necessary or appropnate in connection with the purchase of the
31 Property, so long as such documents are acceptable to the City Manager and the City
32 Attorney.
33 Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th day of
34 November ,2003.
CA-8992
F \Users\VValldeJ\WP\BZA\wllhams ord wpd
date:November 12, 2003
R-2
APPROVED AS TO CONTENT:
p~
APPROVED AS TO LEGAL
S IE
2
- 26-
Item V-J.2.
ORDINANCES
ITEM # 51909
Upon motzon by Vlce Mayor Jones, seconded by Councllman Schmldt, Clty Counczl ADOPTED:
Ordmance to ACCEPT andAPPROPRIA TE $1,132,000 from the Federal
Emergency Management Agency (FEMA) to the Fire Department's FY
2003-04 Operatzng Budget for equzpment and traznzng support for
the Virginia Task Force 2 Urban Search and Rescue Team
V otzng
9-0 (By Consent)
Counczl Members Votzng Aye
Harry E Dlezel, Margaret L Eure, Vlce Mayor LoUis R Jones, Reba S
McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Peter W
Schmidt, Ron A Villanueva and James L Wood
Council Members Votmg Nay
None
Councll Members Absent
Jim Reeve and Rosemary Wilson
November 25, 2003
1
2
3
4
5
6
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$1,132,000 FROM THE FEDERAL EMERGENCY
MANAGEMENT AGENCY TO THE FIRE DEPARTMENT'S FY
2003-04 OPERATING BUDGET FOR EQUIPMENT AND
TRAINING SUPPORT OF THE URBAN SEARCH AND
RESCUE TEAM
7 WHEREAS, the Federal Emergency Management Agency ("FEMA") has
8 increased the financial commitment to each of the FEMA Urban Search
9 and Rescue Teams and has approved expenditures for team management
10 and coordination.
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, Virginia:
13
1. That $1,132,000 in grant funds lS hereby accepted from the
14
Federal Emergency Management Agency and approprlated to
15
the Fire Department's FY 2003-04 Operating Budget, for
16
equipment and training support of the urban search and
17
rescue team.
18
2. That 3.25 FTE are continued in conj unct lon Wl th thl s
19
grant, including a full-time coordinator posltion (1.0
20
FTE), a full-time clerical position (1.0 FTE), a part-time
21
logistician
( . 625 FTE) ,
and a part-time training
22
coordinator (.625 FTE); provided, however, that these
23
positions are conditioned upon continued grant fundlng.
24
3 .
That federal revenue ln the FY 2003-04 Opera~~ng 2~~~~~
25
is increased by $1,132,000.
~- ~---r
26 Adopted by the Council of the City of Virginia Beach, Virginia
day of Novemb~r2003.
27 on the 25th
CA-9051
Ordin/Noncode/fema03ord.wpd
R-1
November 12, 2003
Approved as to Content
Approved as to Legal
Sufficiency
~~Q,
2
- 27-
Item V-J.3.
ORDINANCES
ITEM # 51910
Upon motzon by Vice Mayor Jones, seconded by Councilman Schmidt, City Counczl ADOPTED:
Ordznance to ACCEPT and APPROPRIATE a $36,000 Grantfrom the
Virgima Saltwater Recreatzonal Fishzng Development fund for disabled
person access improvements to Little Island Fishing Pier
V otzng
9-0 (By Consent)
Councll Members Votzng Aye
Harry E Diezel, Margaret L Eure, Vice Mayor LoUis R Jones, Reba S
McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Peter W
SchmIdt, Ron A Vlllanueva and James L Wood
Councll Members Votzng Nay
None
Council Members Absent
Jlm Reeve and Rosemary Wllson
November 25, 2003
1 AN ORDINANCE TO ACCEPT AND
2 APPROPRIATE A $36,000 GRANT FROM THE
3 VIRGINIA MARINE RESOURCES COMMISSION
4 TO CIP PROJECT #4-031, "LITTLE
5 ISLAND PIER ACCESS IMPROVEMENTS"
6
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10 That a $36,000 grant is hereby accepted from the Virginia
11 Marine Resource Commission and appropriated to CIP Project #4-031,
12 "Li ttle Island Pier Access Improvements," wi th estl.mated state
13 revenue increased by $36,000.
14
15 Adopted by the Council of the City of Virginia Beach, Virginia
16 on the 25th
day of November
, 2003.
CA-9040
Ordin/Noncode/LittleIslandord.wpd
R-2
October 28, 2003
Approved as to
~Q.
Department
Services
Approved as to Legal
Sufficiency:
~f.~/([c
City Attorney' Office
- 28-
Item V-J.4.a.
ORDINANCES
ITEM # 51911
Upon motzon by Vlce Mayor Jones, seconded by Councllman Schmldt, Clty Councll ADOPTED:
Ordmances to A UTHORIZE temporary encroachments znto portzons
of the Czty's rzghts-of-way
JOHN B PICCO, for the extenszon of a finger pier, (catwalk) and
boat lift at Crab Creek adjacent to Piedmont Circle
The followmg condltzons shall be requlred
1 The temporary encroachment shall be constructed and mamtazned
zn accordance With the laws of the Commonwealth of Virginia and
the Clty of Vlrgmla Beach and zn accordance wzth the Clty'S
specificatzons and approval as to Size, alzgnment and locatzon
2 The temporary encroachment shall termznate upon notice by the City
to the applicant and, withzn thirty (30) days after such notice IS
glven, the temporary encroachment must be removed from the
encroachment area by the applzcant and the applicant will bear all
costs and expenses of such removal
3 The applzcant shall zndemnify and hold harmless the City, its agents
and employees from and agaznst all clazms, damages, losses and
expenses, mcludmg reasonable attorney's fees zn case it shall be
necessary to file or defend an actzon ariszng out of the locatzon or
eXistence of the temporary encroachment
4 Nothzng herem contazned shall be construed to enlarge the
permisszon and authOrity to permit the mazntenance or constructzon
of any encroachment other than that specified herem and to the
lzmited extent specified herem, nor to permit the mamtenance and
constructzon of any encroachment by anyone other than the
applzcant
5 The applzcant agrees to mamtazn the temporary encroachment so as
not to become unSightly or a hazard
6 The applzcant must obtam an approved permlt from the Office of
Development Services Center of the Planning Department before
begznnzng any work wzthzn the encroachment area
7 It is agreed that there Will be no commerczal use of the community
boat dock The dock shall be used excluslvely by the owners,
occupants, and znvzted guests of Lots 7, 8, 9 and 10 as shown on the
submitted Site plan
November 25,2003
- 29-
Item V-J.4.a.
ORDINANCES
ITEM # 51911 (Continued)
8 It is agreed that no buzldmgs, boat houses, boat launches or
additzonal parkzng shall be permitted and that no vessels larger than
thirty-three (33) feet zn length shall be permitted, subject to all
applzcable federal, state and local rules and regulatzons
9 The applzcant must post a performance bond or other form of surety,
approved by the Development Services Center of the Planmng
Department, zn accordance With their engzneer 's cost estimate
10 The applzcant shall obtam and keep zn force all risk property
znsurance and general lzabilzty or such znsurance as is deemed
necessary by the City, and all znsurance polzcies must name the City
as addztzonal named msured or loss payee, as applzcable The
applzcant must also carry comprehenslve generallzabllzty msurance
zn an amount not less than Flve Hundred Thousand Dollars
($500,000), combzned szngle lzmlts of such znsurance polzcy or
polzcles The applzcant must provlde endorsements provldzng at
least thlrty (30) days' wrltten notlce to the Clty przor to the
cancellatzon or termznatzon of, or material change to, any of the
msurance polzcies The applzcant assumes all responszbilzties and
lzabilzties, vested or contmgent, With relatzon to the temporary
encroachment
11 It is agreed that the owners of Unit Two (2) and Crab Creek Unit
Owners Assoczatzon, Inc have an undivided mterest zn the common
areas and lzmited common area and consent to the applzcatzon but
assume no responslbllzty or oblzgatzon under thiS Agreement
12 The City, upon revocatzon of such authOrity and permiSSion so
granted, may remove the temporary encroachment and charge the
cost thereof to the applzcant and collect the cost zn any manner
prOVided by law for the collectzon of local or state taxes, may
reqUire the applzcant to remove such temporary encroachment,' and,
pendmg such removal, the City may charge the applzcant for the use
of such portzon of the Czty's right-of-way encroached upon the
eqUlvalent of what would be the real property tax upon the land so
occupled iflt were owned by the applzcant, and if such removal shall
not be made wlthm the tlme specified by the Clty, the City shall
zmpose a penalty zn the sum of One Hundred Dollars ($100 00) per
day for each and every day that such temporary encroachment is
allowed to contznue thereafter, and, shall collect such compensatzon
and penalties zn any manner prOVided by law for the collectzon of
local or state taxes
November 25,2003
- 30-
Item V-J.4.a.
ORDINANCES
ITEM # 51911 (Continued)
V otzng
9-0 (By Consent)
Council Members Votzng Aye
Harry E Dlezel, Margaret L Eure, Vlce Mayor LoUls R Jones, Reba S
McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Peter W
Schmidt, Ron A Villanueva and James L Wood
Council Members Votzng Nay
None
Counczl Members Absent
Jim Reeve and Rosemary Wzlson
November 25, 2003
1 Requested by Department of Public Works
2 AN ORDINANCE TO AUTHORIZE
3 TEMPORARY ENCROACHMENTS
4 INTO A PORTION OF THE CITY
5 PROPERTY KNOWN AS CRAB CREEK
6 BY JOHN B. PICCO, HIS HEIRS,
7 ASSIGNS AND SUCCESSORS IN TITLE
8 WHEREAS, On October 24, 2000 and Februal)' 27, 2001, Shore Ventures
9 Associates, L.L.C., a Virginia limited liability company (predecessor in title to the property
10 now owned by John B. Picco), received approval from the City Council of the City of
11 Virginia Beach to construct and maintain marina mooring slips within portions of that certain
12 eXisting City right of way known as Piedmont Circle and City property known as Crab
13 Creek.
14 WHEREAS, Shore Ventures Associates, L.L. C. entered into Agreements with
15 the City and the said Agreements were recorded on November 8,2000 in Deed Book 4320,
16 at Page 263 and on March 12, 2001 in Deed Book 4373, at Page 0449, respectIvely, in the
1 7 Clerk's Office of the City Of Virginia Beac~ Virginia.
18 WHEREAS, JOHN B. PICCO, desires to construct and maintain a fmger pier
19 (catwalk) extenSIon and boat lift into a portion of the CIty'S property known as Crab Creek.
20 WHEREAS, CIty Council is authorized pursuant to ~~ 15.2-2009 and 15.2-
21 2107, Code of Virginia, 1950, as amended, to authorize a temporal)' encroachments upon the
22 City's property subject to such terms and condItions as Council may prescribe.
23 NOW, THEREFORE BE IT ORDAINED BYTHE COUNCIL OF THE CITY
24 OF VIRGINIA BEACH, VIRGINIA:
25 That pursuant to the authority and to the extent thereof contained in ~~ 15.2-
26 2009 and 15.2-2107, Code of Virginia, 1950, as amended JOHN B. PICCO, his heirs,
2 7 assigns and successors In tItle is authorized to construct and mamtaIn a temporaty
2 8 encroachment for a fmger pier (catwalk) extension and boat lift into a portion of the City's
29 property known as Crab Creek as shown on the map entitled: "Proposed Boat Lift Crab
30 Creek Lynnhaven River' Date 05 May 03 . ApplIcant: John B. Picco", a copy of which is
31 on file in the Department of Public Works and to which reference is made for a more
32 particular description; and
33 BE IT FURTHER ORDAINED, that the temporaty encroachments are
34 expressly subject to those terms, conditions and cnteria contained in the Agreement between
35 the City of Virginia Beach and JOHN B. PICCO, (the "Agreement") which is attached hereto
3 6 and incorporated by reference; and
37 BE IT FURTHER ORDAINED that the City Manager or his authorized
38 designee is hereby authorized to execute the Agreement.
39 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
40 such time as JOHN B. PICCO and the City Manager or his authonzed designee execute the
41 Agreement.
2
..
42
Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th
43
day of
November
, 2003.
44 CA-1SQ'l5
4 5 PREP ARED 07/28/03
APPROVED AS TO CONTENTS
?fml~ ( q'-v.USfk..
SIGNATURE
PliJ REtiI (~1c:Ii
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
~~~
3
. ..
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXENIPTED FROM RECORDATION TAXES
UNDER SECTIONS 58 1-811(a)(3)
AND 58 1-811(c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this {':if 't\\day of .~~ , 2003, by and
, between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
\' "City", and John B. PICCO~ John ROMANUS and Rosemary ROMANUS, husband and
:; wife and CRAB CREEK UNIT OWNERS ASSOCIA TION_ INCORPORATED, a Virginia
,. Corporation, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantees".
WIT N E SSE T H:
That, WHEREAS, the Grantee, John B. Picco, is the owner of that certain lot,
!' tract, or parcel of land designated and descnbed as "3 STORY DUPLEX DWELLING
;; UNIT 1" as shown on "EXHIBIT C-I CONDOMINIUM PLAT PHASE 1 CRAB CREEK
, CONDOMINIUM VIRGINIA BEACH, VIRGINIA", as recorded m M.B 297, at Page 82
, and being further designated and descnbed as 2096 Tazewell Road, Vrrgima Beach,
I
, Vrrgima 23455, with an undivided mterest in certain common areas and limited common
. areas as shown on said plat; and
GPIN 1489-58-5517-2096
WHEREAS, on October 24, 2000 and February 27, 2001, Shore Ventures
Associates, L.L C., a Virginia limited liabIhty company (predecessor m title to the property
of the Grantees), did receive approval from the City to construct and maintain marina
mooring slips within portions of those certain existing City nghts of way known as
, Piedmont CIrcle and Crab Creek; and
WHEREAS, the saId Shore Ventures ASSOCIates, L L C. did enter into
(
!: Agreements WIth the CIty and the said Agreements were recorded on November 8, 2000 in
I'
, ,
!; Deed Book 4320, at Page 263 and on March 12, 2001 in Deed Book 4373, at Page 0449,
I I
I!
II respectively, in the Clerk's Office of the City Of Virginia Beach, Virginia; and
, ,
I ~
WHEREAS, it is proposed by the Grantee, John B. Picco, to construct and
!
;; mallltain a boat lift and a fmger pier (catwalk) extension, "Temporary Encroachment", in
I,
I
! ~ the City of VrrgInIa Beach; and
I
I.
WHEREAS, m constructing and maintainIng the Temponuy Encroachment, it
i
! ~ IS necessmy that the Grantee, John B. PICCO, encroach into a portIon of an existIng City
property known as Crab Creek, "The T empormy Encroachment Area"; and
WHEREAS, the Grantee, John B. Picco, has requested that the City penrut a
1 Tempormy Encroachment withIn The Encroachment Area
NOW, THEREFORE, for and m consideration of the premises and of the
benefits accruing or to accrue to the Grantees and for the further consideration of One
Dollar ($1.00), in hand paid to the CIty, receipt ofwluch is hereby acknowledged, the City
doth grant to the Grantee, John B. Picco, permIssion to use The Encroachment Area for the
2
T ...
purpose of constructIng and maintaming the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
: constructed and mamtained in accordance with the laws of the Commonwealth of Virginia
I
, :
and the City of Vrrginia Beach, and in accordance with the City's specifications and
;: approval and is more partIcularly described as follows, to wit:
,
I'
I
. I
I I
Encroachment Area as shown on those certain
plats (three (3) sheets total) entitled: "Proposed
Boat Lift Crab Creek Lynnhaven River' Date 05
May 03 . Applicant John B. Picco", copies of
which are attached hereto collectively as ExhibIt
"A" and to which reference is made for a more
particular description.
I
11
I I
l'
,r
, '
, !
I'
: !
i ~
\ r
It IS further expressly understood and agreed that the Temporary Encroachment
i ~ hereIn authorized terminates upon notice by the CIty to the Grantee, John B. Picco, and that
l
, I
! 1 WIthin thirty (30) days after the notice IS given, the Temporary Encroachment must be
I I removed from The Encroachment Area by the Grantee, John B. Picco; and that the Grantee,
; John B. Picco, will bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee, John B. Picco,
: shall mdemnify and hold harmless the City, its agents and employees, from and agaInst all
" claims, damages, losses and expenses includmg 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 penmssion and authority to permIt the mamtenance or
3
1 -
construction of any encroachment other than that specIfied herein and to the limited extent
" specIfied herein, nor to penmt the maintenance and constructIon of any encroachment by
: anyone other than the Grantee, John B. Picco.
It is further expressly Wlderstood and agreed that the Grantee, John B. Picco,
agrees to mamtam the Temporary Encroachment so as not to become Wlsightly or a hazard.
It is further expressly Wlderstood and agreed that the Grantee, John B. Picco,
j. must obtam a penmt from the Office of Development Services Center/Planning Department
l
I! prior to commencing any construction WIthin The Encroachment Area.
I
, f
I
It is further expressly Wlderstood and agreed that no commercial use of the
.: commWlIty boat dock shall be permitted.
It is further expressly Wlderstood and agreed that the commumty boat dock shall
; i be used exclusively by the owners, occupants, and mvited guests of lots 7, 8, 9, and 10 as
1
1 shown on the submttted site plan.
; i
It is further expressly Wlderstood and agreed no buildmgs, boat houses, boat
I ; laWlches or additIonal parking shall be permitted.
~ .
It is further expressly Wlderstood and agreed that no vessels larger than 33 feet
;, In length shall be permitted.
It is further expressly understood and agreed that the commumty boat dock IS
subject to all applicable federal, state, and local rules and regulations
It is further expressly Wlderstood and agreed that prior to Issuance of a right of
, way permit, the Grantee, John B Picco, must post bond or other security with a surety
4
T--...6.-
acceptable to the CIty, in accordance with theIr engineer's cost estimate, to the Office of
Development ServIces Center/Plannmg Department
It is further expressly understood and agreed that the Grantee, John B. Picco,
must obtain and keep m force all-nsk property msurance and general liability or such
I 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, John B. Picco, also
, agrees to cany comprehensive general liability insurance m an amount not less than
, \ $500,000 00, combined smgle limits of such insurance policy or poliCIes. The Grantee,
, I John B PICCO, 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
msurance poliCIes. The Grantee, John B. Picco, assumes all responsibIlitIes and lIabilities,
vested or contIngent, with relation to the Temporary Encroachment
It is further expressly understood and agreed that the Grantees, John Romanus
: , and Rosemary Romanus as the owners of Unit 2 and Crab Creek Unit Owners Association,
, 1 Incorporated, havmg an undIvided mterest m the common areas and lImited common area
, consent to the application but assume no responsibilIty or oblIgatIon under this Agreement.
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, John B. Picco and collect the cost m any manner
prOVIded by law for the collectIon of local or state taxes; may reqUIre the Grantee, John B.
PICCO, to remove the Temporary Encroachment; and pending such removal, the City may
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charge the Grantee, John B. Picco, 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, John B Picco; 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
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: 1 Crab Creek Unit Owners Association, Incorporated, the said Grantees have caused this
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f of VirginIa Beach has caused this Agreement to be executed in its name and on its behalf
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! ; by Its City Manager and Its seal be hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
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By
CIty Manager/ Authonzed
DesIgnee of the City Manager
(SEAL)
ATTEST
City Clerk
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(SEAL)
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CRAB CREEK UNIT OWNERS
ASSOCIATION, INCORPORATED
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BY~~(SEAL)
J e Chellew, President
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; STATE OF VIRGINIA
" CITY OF VIRGINIA BEACH, to-wit'
The foregoing instrument was acknowledged before me this _ day of
, 2003, by
, City Manager/Authorized DesIgnee
) of the City Manager of the City ofVrrginia Beach, Virginia, on its behalf. He/She is either
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Notary Public
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I. CITY OF VIRGINIA BEACH, to-wit.
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The foregoing instrument was acknowledged before me this _ day of
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, 2003, by Ruth Hodges Smith, MMC, City Clerk of the City of Virginia
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:, Beach, Vrrgmia, on its behalf. She is personally known to me.
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Notary Public
My commission expires:
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;: of the United States with the rank of
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, a commissioned officer of the Navy
L I~V~/-" +- Cn~ --A~whose home address
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:: is 2 o"Z..1 ('.~.... fill-t PI-- III J '''IrA 8tJ:v: ~ VA 21 'fr'( , do certify that
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:: JOHN B. PICCO, whose name is signed to the writmg above, bearing date on the 19th day
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1: of August, 2003, and who, IS a Lieutenant Commander in the Navy of the United States, and
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:: whose home address is 2096 Tazewell Road, VirginIa Beach, VirgInia 23455, has
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GIven under my hand this ~ day of
, 2003.
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) I STATE OF VIRGINIA
I CITY OF VIRGINIA BEACH, to-wit.
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The foregoIng instrument was acknowledged before me tlns ~ day of
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, 2003, by JOHN ROMANUS He IS either personally known to me or has
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STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-WIt:
I i The foregoing instrument was acknowledged before me this IL/ day of
(j(\o~e..[
, 2003, by ROSEMARY ROMANUS. She is either personally known to me
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as identification.
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i ; The foregomg instrument was acknowledged before me this I 5 day of
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i ~ Ock>btv , 2003, by JAMIE CHELLEW, President, of CRAB CREEK UNIT
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:! OWNERS ASSOCIATION, INCORPORATED, on its behalf. He/She is either personally
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I My commission expires'
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APPROVED AS TO
LEGAL SUFFICIENCY
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CITY ATTORNEY
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APPROVED AS TO CONTENT
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TY REAL ESTATE AGENT
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LoeA TION
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LOCATION MAP SHOWING
ENCROACHMENT REQUESTED BY
JOHN B. PICCO
INTO CITY PROPERTY
KNOWN AS CRAB CREEK
crab creek dgn m J S
PREPARED BY PIW ENG DRAFT July 28,2003
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EXHIBIT "A"
Applicant:
JOrtN B. -P JGCO
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Proposed BOkr LI 0
Crab Creek
Lynnhaven River
Date: O~ /t'IA'f 0 ~
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/ WIDE x 415' LONG
PIER SHADOW OF
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Applicant:
Proposed Bo~ Li pr
Crab Creek
I Lynnhaven River
Va. Beach, Va.
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Date: 0,('(1 '03 I
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1/4" = 1'.0" CArvJA1..~ 1"0 ~ ~GD As P~\I1t)cJSLf Mf(LW6D~
Datum MLW = 0.00 X S t"
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Applicant:
JO \+N e, Plea>
Proposed ~Lr~
Crab Creek
I Lynnhaven River
Va. Beach, Va.
,S~ee
Date: r;5f}1k a3
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Item V-J.4.b.
ORDINANCES
ITEM # 51912
Upon motzon by Vice Mayor Jones, seconded by Councilman Schmidt, City Counczl ADOPTED
Ordmances to AUTHORIZE a temporary encroachment Into portIons of
the Cay's rights-of way
SALEM WOODS CIVIC ASSOCIATION, for znstallation of a non-
illumznated ldentificatzon sign at Pissarro Clrcle and L ynnhaven Parkway
The followmg condltzons shall be required
1 The temporary encroachment shall be constructed and mamtazned
m accordance with the laws of the Commonwealth of Virgima and
the City of Virgmia Beach and zn accordance With the City'S
specificatzons and approval as to Size, alzgnment and locatzon
2 The temporary encroachment shall termmate upon notice by the City
to the applzcant and, wlthzn thirty (30) days after such notice is
given, the temporary encroachment must be removed from the
encroachment area by the applzcant and the appllcant will bear all
costs and expenses of such removal
3 The appllcant shall zndemnify and hold harmless the City, its agents
and employees from and agaznst all claims, damages, losses and
expenses, mcludmg reasonable attorney's fees in case zt shall be
necessary to file or defend an actzon arlsmg out of the locatzon or
eXistence of the temporary encroachment
4 Nothmg herem contazned shall be construed to enlarge the
permlsszon and authOrity to permlt the mamtenance or constructzon
of any encroachment other than that specified herem and to the
lzmlted extent specified herem, nor to permlt the mamtenance and
constructzon of any encroachment by anyone other than the
applzcant
5 The applzcant agrees to mamtam the temporary encroachment so as
not to become unSightly or a hazard
6 The applicant must obtazn a Permlt from the Development Services
Center of the Plannzng Department before begznnmg any work
wlthzn the encroachment area
November 25, 2003
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PREP ARED BY VIRGINIA BEACH
CITY A TIORNEY'S OFFICE
EXEMPTED FROM RECORDA TION TAXES
UNDER SECTIONS 58 1-811(a)(3)
AND 58 1-811(c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made thIS _ day of
, 2003, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a munIcIpal corporatlon, Grantor,
"CIty", and SALEM WOODS CIVIC ASSOCIATION, ITS HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE, "Grantee", even though more than one.
WIT N E SSE T H:
WHEREAS, It IS proposed by the Grantee to construct and maintain a 4' by 8'
double plastlc face non-IllumInated marquee SIgn the "Temporary Encroachment", In the CIty
of VIrgInIa Beach,
WHEREAS, In constructlng and maintainIng the Temporary Encroachment, It IS
necessary that the Grantee encroach Into a portion of an existing City property on the northeast
corner of PIS sarro CIrcle and Lynnhaven Parkway the "Encroachment Area"; and
WHEREAS, 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 construction
and
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maIntainIng the Temporary Encroachment
GPIN 1475-75-3680
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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
I approval and is more particularly described as follows, to wit:
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A Temporary Encroachment into The
Encroachment Area as shown on that certain plat
entitled: "PHYSICAL SURVEY OF LOCATION
OF SIGN POST ON LOT 21, SALEM WOODS,
SECTION TWENTY TWO-B VIRGINIA
BEACH, VIRGINIA D.B. 2512, P.2116-2117
FOR SALEM WOODS CIVIC ASSOCIATION,
DATED MARCH 26,2003," 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.
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II be construed to enlarge the permission and authority to permit the maintenance or
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It is further expressly understood and agreed that nothing herein contained shall
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I construction of any encroachment other than that specified herein and to the limited extent
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anyone other than the Grantee.
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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 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
I I Encroachment.
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It is further expressly understood and agreed that the City, upon revocation of
I such authority and pennission so granted, may remove the Temporary Encroachment and
charge the cost thereof to the Grantee, and collect the cost in any manner provided by law
for the collection of local or state taxes; may require the Grantee to remove the Temporary
Encroachment; and pending such removal, the City may charge the Grantee for the use of
The Encroachment Area, the equivalent of what would be the real property tax upon the
land so occupied if it were owned by the Grantee; and if such removal shall not be made
within the time ordered hereinabove by this Agreement, the City may impose a penalty in
the sum of One Hundred Dollars ($100.00) per day for each and every day that the
Temporary Encroachment is allowed to continue thereafter, and may collect such
compensation and penalties in any manner provided by law for the collection of local or
state taxes.
IN WITNESS WHEREOF, Salem Woods Civic Association has caused this
Agreement to be executed by Jeffery S. Stewart a member of said association with due
authority to bind said association. 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.
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CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
City Clerk
SALEM WOODS CIVIC ASSOCIATION
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JJkt f~/
J S. ewart
President
STATE OF VIRGINIA
I CITY OF VIRGINIA BEACH, to-wit:
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The foregoing instrument was acknowledged before me this
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
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STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
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I The foregoing instrument was acknowledged before me this day of
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II ' 2003, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
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1
Notary Public
My Commission Expires:
STATE OF v('v-aILllll
CITY/COUNTY F V ~L i) -><.( ( lJ
, to-wit:
The foregoing instrument was acknowledged before me this
'~rtL"'~.>r- , 2003, by Jeffery S. Stewart.
f J"'r 11
day of
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Notary Public
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II APPROVED AS TO
I LEGAL SUFFICIENCY
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APPROVED AS TO CONTENT
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OITY REAL ESTATE AGENT
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THIS IS TO CERTIFY THAT I ON MARCH 26,2003 SURVEYED THE PROPERTY SHOWN ON
THIS P~;J;-.-T-M~UILDINGS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE
NO 12t(J\GRM~' S OF OTHER BUILDINGS, EXCEPT AS SHOWN
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LOT 21
GPIN # 1475-75-3680
N 2.37'02" W
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6 FLOOD ZONE AE&X AS SHOWN ON THE
til NATIONAL FLOOD INSURANCE PROGRAM MAP
>-
:c FOR THE CITY OF VIRGINIA BEACH
9:-
8 COMMUNITY NO 515531-0037 E DATED 12/5/96
~ BASE ELEVATION 9
~ LOWEST FLOOR ELEVATION
~
PISSARRO CIRCLE
50'
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PHYSICAL SURVEY OF
LOCATION OF SIGN POST ON
LOT 21, SALEM WOODS, SECTION TWENTY TWO-B
VIRGINIA BEACH, VIRGINIA 0 B 2512, P 2116-2117
FOR
SALEM WOODS CIVIC ASSOCIATION
DATE MARCH 26, 2003
SCALE 1" = 20.
F B 293 CAD TECH D.V
DJ..G
DENNIS J GERWITZ, P C
500 CENTRAL DRIVE, SUITE 112
VIRGINIA BEACH VIRGINIA 23454
757-498-1021 FAX 757-498-4340
HTTPII OJG ISSERVING COM
SALEM WOODS BOARD MEETING
September 4, 2003 - 7:34p.m.
The Board meeting was called to order by PresIdent Jeff Stewart with the tollowing
Board Members present,
Jeff Stewart, Gary Harmeyer
Jack Clarke Dave Womack
Office Manager DenIse Amerine
Clary Frankenfield
Kns Stnnger
Robin Conte
Dave TIsza
Guests Dan Shaw
Secretary's Report The minutes of August IVleeting were read and approved
Treasurer's Report Gary Harmeyer presented the cash flow report The Treasurer's
report was approved
Committ ee Reports
Deed RestnctIon There were no requests thIS meeting Gary Frankenfield said that
more entorcement \vould be needed this fall
Recreation Jack Clarke reported the Public Safety Event at the Large Pool on Saturday~
August 23,,1 was very successful There was lTIuch CommunIty participation and he
recorded 47 e-mail addresses Jack also noted the pools were closed as of Labor day
SpInt RobIn Conte reported the Teen Party went over very well It started out slow but
finIshed with a lot of teens partIcipatIng A request to send a note of thanks to ChOIce
PIzza for theIr contribution
Entrance SIgn Dave discussed the progress of the entrance SIgn
A l\.1otion was made to authorize President Jeff Stewart to sign the encroachment
agreeme.f\t iTom the City of VIrgInIa Beach to erect our entrance sign on the comer of
Lynnhaven Parkway and Plssarro CIrcle The motion was approved
New Business
General Me:eting will be Wednesday. November 12th The meeting will be held at the
Large Pool on Rothwell Court at 7 30 pm
THIS IS TO CERTIFY THAT I ON MARCH 26, 2003 SURVEYED THE PROPERTY SHOWN ON
THIS P~J;--1:~UILDINGS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE
NO E.,r<J:C..ReA~ S OF OTHER BUILDINGS, EXCEPT AS SHOWN.
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~
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~ BASE ELEVATION 9
~ LOWEST FLOOR ELEVATION
~
N 2.37'02" W
PISSARRO CIRCLE
50'
80.00'
PHYSICAL SURVEY OF
LOCATION OF SIGN POST ON
LOT 21, SALEM WOODS, SECTION TWENTY TWO-B
VIRGINIA BEACH, VIRGINIA DB 2512. P 2116-2117
FOR
SALEM WOODS CIVIC ASSOCIATION
DATE MARCH 26, 2003
SCALE 1" = 20'
F B 293 CAD TECH D.V.
D~G
DENNIS J GERWITZ, P C
500 CENTRAL DRIVE, SUITE 112
VIRGINIA BEACH VIRGINIA 23454
757-498-1021 FAX 757-498-4340
HTTP/I DJG ISSERVING COM
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Pissarro Circle and Lynnhaven Parkway
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Salem Woods Entrance Sign Location
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Pissarro Circle and Lynnhaven Parkway
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SEPT 29,2003
Salem Woods Entrance Sign Location
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Salem Woods Entrance Sign Location
Pissarro Circle and Lynnhaven Parkway
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- 34-
Item V-J.5.
ORDINANCES ITEM#51913
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Resolution acknowledging the invaluable support and professional services
provided by the Super Hornet Commission during the review process of the
draft EIS re placement of the F/A-18 aircraft on the East Coast.
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Peter W
Schmidt, Ron A. Villanueva and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve and Rosemary Wilson
November25, 2003
A RESOLUTION TO THANK THE SUPER HORNET
COMMISSION FOR THEIR CITIZENSHIP AND
INVALUABLE SERVICE DURING THE REVIEW
PROCESS OF THE DRAFT ENVIRONMENTAL IMPACT
STATEMENT FOR THE PLACEMENT OF THE EAST
COAST FIA-18 ElF SUPER HORNET AIRCRAFT
WHEREAS, on October 24, 2000, the City Councd established the Super Hornet
CommIssion to advise City CouncIl on the EnvIronmental Impact Statement process on
the East Coast placement of the FIA-18 ElF Super Hornet aircraft, the future of naval
aviatIon; and
WHEREAS, the Super Hornet Commission, consisting of eleven members and
staff, met once a month for more than two years - enduring long hours of presentatIons
and subsequent deliberation; and
WHEREAS, on October 15, 2002, the Super Hornet Commission recommended to
City CounCil the adoption of a resolutIon in support of all the East Coast Super Hornet
aircraft being home-based at Naval Air Station Oceana, and
WHEREAS, the Acting Secretary of the Navy has issued the Record of Decision in
the Federal Register on September 10, 2003, on the Final Environmental Impact
Statement that will place eight fleet squadrons and the fleet replacement squadron at
Naval Alr Statlon Oceana and two fleet squadrons at Manne Corps Alr Station Cheny
POint, North Carohna; and
WHEREAS, the Acting Secretary of the Navy also ruled that a new outlying
landlng field will be constructed to relzeve the lmpact of Jet operations on cltizens of
Virglnla Beach and Chesapeake; and
WHEREAS, this outcome is favorable to the maintenance of Naval Air Statlon
Oceana as the East Coast Master Jet Base for the Navy; and
WHEREAS, the citizens that made up the Super Hornet Commission are
congratulated for their commitment to their task and for the citizenship portrayed since
the establishment of the Comnlission, and
NOW, THEREFORE, BE IT RESOLVED that the Virglnia Beach City Council
does hereby acknowledge the lnvaluable support and professional services provlded by'
Mr Robert Atherton
Mr J B. Dadson, Staff
Mr Charles Faison
Mr. Cornell Fuller
Mr Dudley Fulton, Chair
Mrs. Kimberly Johnson
Mr. Dewey Jones
Mr Richard Maddox
Admiral (Ret) Fred Metz
Captain (Ret) John Shick
Mr. Robert Sutherland
Mr. Stanley Waranch
These citizens' service to the City of Virginia Beach was a great benefit to the future of
the Naval Air Station Ocean a and we give them pause, honor and praise
Given under our hands and seals this twenty-fifth day of November 2003.
Harry E Diezel, Councllmember
Jim Reeve, Counczlmember
Margaret L Eure, Councilmember
Peter W. Schmidt, Councilmember
LouIs R. Jones, Vice Mayor
Ron A. Villanueva, Councllnlember
Richard A. Maddox, Councilmember
Rosemary Wilson, Councllmember
Reba S McClanan, Councilmember
James L. Wood, Councilmember
Meyera E. Oberndorf, Mayor
Approved as to Content.
Approved as to legal Sufficiency:
~~&
City Manager's Office
1IJrJb, JJ!ilItuL
City Attorney's Office
- 35-
Item V-K
PLANNING ITEM # 51914
1. AMEND the COMPREHENSIVE PLAN NO ACTION ITEM
(To be heard December 2,2003)
2. THE TAYLOR GROUP, LLP STREET CLOSURE
3. VTc ONE, LLc STREET CLOSURE
4. cA V ALlER GOLF AND YACHT CLUB STREET CLOSURE
5. DEMERTRIOUS KOULOUKIS REQUEST FOR EXTENSION
STREET CLOSURE
(Approved: 11/25/02)
6. BACK BA Y CHRISTIAN ASSEMBLY OF GOD
MODIFICATION to Conditional
Use Permit (Approved: 6/22/1999)
7. BAY REFLECTIONS BUILDING, LLC.
SUBDIVISION VARIANCE
8. GREEN HILL BY THE BA Y CONDOMINIUM
OWNERS ASSOCIATION
CONDITIONAL USE PERMIT
9. OMBIPOINTn-MOBILE
CONDITIONAL USE PERMIT
10. ROBERT ARNOLD
CONDITIONAL USE PERMIT
11. GOODWILL INDUSTRIES OF HAMPTON
ROADS, INC.
CONDITIONAL USE PERMIT
12. WDR PROPERTIES, INC.
CONDITIONAL USE PERMIT
13. CRAIG WYNE
CONDITIONAL USE PERMIT
14. FORT WORTH DEVELOPMENT, INC.
CONDITIONAL USE PERMIT
15.a.b. BERKSHIRE-HUDSON CAPITAL, XI, LLc
CONDITIONAL CHANGE OF ZONING
AND,
CHANGE OF ZONING
16. NEAR POST, LLc.
CONDITIONAL CHANGE OF ZONING
17. CITY OF VIRGINIA BEACH
CHANGE OF ZONING
November 25,2003
- 36-
Item V-K.
PLANNING
ITEM # 51915
Upon motzon by Vice Mayor Jones, seconded by Councllman Schmldt, City Council APPROVED IN ONE
MOTION Items 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15 (DEFER) and 17 of the PLANNING BY CONSENT
AGENDA
Item 15a/b (Berkshire-Hudson Capltal, XI, LLC) was DEFERRED, BY CONSENT, untzl the City Counczl
Sesszon of December 9, 2003
V otzng
9-0 (By Consent)
Counczl Members Votzng Aye
Harry E Dlezel, Margaret L Eure, Vlce Mayor LoUiS R Jones, Reba S
McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Peter W
Schmldt, Ron A Vlllanueva and James L Wood
Counczl Members Votzng Nay
None
Counczl Members Absent
Jim Reeve and Rosemary Wzlson
CounCIL Lady McClanan Will vote NA Y on Items 9 (Omnipoznt/T-Mobzle) and 10 (Robert Arnold)
Mayor Oberndorfwlll vote NAY on Item 9 (Omnipoznt/T-Moblle)
November 25, 2003
- 37-
Item V-K.1.
PLANNING
ITEM # 51916
Todd Solomon, 2260 Flrst Landmg Lane, Phone 496-5733, represented the Cape Story by the Sea Assoczatzon
and presented petitzons contammg 70 slgnatures Additzonal slgnatures are bezng secured at the present time
ThiS petition opposes the expanszon of the right-of-way width of Shore Drive east of the Great Neck Road
zntersectzon to First Landmg State Park from one hundred (100) feet to one hundred and twenty-five (125)
feet as depicted m the Comprehenslve Plan Sazd petltzons are hereby made a part of the record
NO ACTION NECESSARY
Ordmance to AMEND the Cay of Virgmla Beach ComprehenSive Plan as
recommended and certified by the Plannmg Commlsszon
ThiS item was advertised m order to meet legal notzce reqUirements for adoptzon of the Comprehenslve Plan
which was targetedfor consideratzon and possible adoptzon on November 25, 2003 or December 2, 2003 The
Plan wlll be consldered on December 2, 2003
November 25, 2003
- 38-
Item V-K.2.
PLANNING
ITEM # 51917
Upon motzon by Vlce Mayor Jones, seconded by Councllman Schmldt, City Counczl ADOPTED Ordznance
upon applzcatzon of The Taylor Group, L.L.L.P. (Claude P Brown, Betty B Bourdon, Paul S Bourdon and
R Edward Bourdon, Jr) for the dlscontznuance, closure and abandonment of a portzon of Old London Bridge
Road
Ordinance upon Applzcatzon of The Taylor Group, L L.L P for the
discontznuance, closure and abandonment of a portion of Old London Bridge
Road begmmng at a pomt approximately 170 feet east of Harpers Road to zts
mtersectzon With London Bridge Road (relocated) DISTRICT 6 - BEACH
The followmg condztzons shall be reqUired
1 The Clty Attorney's Office shall make the final determination
regarding ownership of the underlYlngfee The purchase przce
to be pald to the Cay shall be determined according to the
Upolzcy Regardzng Purchase of City 's Interest In Streets Pursuant
to Street Closures, " approved by Clty Council (Copies of the
polzcy are avallable zn the Planmng Department) No ourchase
once shall be charged zn thls street closure. however. because the
CltV lS both the owner of the underlvzng fee and the apollcant
seekznf! thiS street closure
2 The applzcant shall resubdivide the property and vacate znternallot
lmes to mcorporate the closed area znto the adJOInzng parcels The
plat shall be submztted and approved for recordatzon przor to final
street closure approval
3 The applzcant shall verify that no przvate utiZzties eXist withzn the
right-ol-way proposed for closure If private utilzties do eXist,
easements satisfactory to the utiZzty company shall be provided
4 Closure of the right-of-way shall be contmgent upon compZzance
wzth the above stated conditzons wlthzn 365 days of approval by City
Counczl (November 25,2004) If the conditzons noted above are not
accompZzshed and the final plat is not approved withzn one year of
the City Councll vote to close the rzght-ol-way, thls approval shall
be considered null and vOId
November 25,2003
- 39-
Item V-K.2.
PLANNING ITEM # 51917 (Continued)
V otzng 9-0 (By Consent)
Council Members Votzng Aye
Harry E Diezel, Margaret L Eure, Vice Mayor LoUis R Jones, Reba S
McClanan, Rlchard A Maddox, Mayor Meyera E Oberndorf, Peter W
Schmidt, Ron A Villanueva and James L Wood
Counczl Members Votzng Nay
None
Council Members Absent
Jlm Reeve and Rosemary Wilson
November 25, 2003
-- T
1
2
3
4 ORDINANCE NO.
5
6
7
8 IN THE MATTER OF CLOSING, VACATING AND
9 DISCONTINUING A PORTION OF THAT CERTAIN
10 STREET KNOWN AS OLD LONDON BRIDGE ROAD
11 AS SHOWN ON THAT CERTAIN PLAT ENTITLED
12 "PLAT SHOWING PROPOSED CLOSURE OF A
13 PORTION OF OLD LONDON BRIDGE ROAD RIGHT-
14 OF-WAY (MB 156, PG 22)(MB XX, PG XX) MAY 23,
15 2003, VIRGINIA BEACH, VIRGINIA"
16
17
18 WHEREAS, The Taylor Group, LLLP, Claude P Brown, Betty B. Bourdon, Paul
19 S Bourdon and R. Edward Bourdon, Jr applIed to the CouncIl of the City of VirgInIa Beach,
20 V IrgInla, to have the hereInafter deSCrIbed street dIscontInued, closed, and vacated; and
21 WHEREAS, It IS the Judgment of the Council that Said street be dIscontInued,
22 closed, and vacated, subject to certaIn condItIons haVIng been met on or before one (1) year from
23 CIty Council's adoptIon of thIS OrdInance,
24
25 NOW, THEREFORE, BE IT ORDAINED by the CouncIl of the City of VIrgInIa
26 Beach, VIrgInIa
27
28 SECTION I
29
30 That the hereInafter descnbed street be dIscontlnued, closed and vacated, subject
31 to certaIn condItIons beIng met on or before one (1) year from CIty CouncIl's adoptIon of thIS
32 ordInance
33
34 GPIN's 2405-51-3413,2405-32-3211,2405-42-5570 and 2405-33-4348
35
1
35 All that certain pIece or parcel of land sItuate, lYIng and beIng In
36 the CIty of VIrgInIa Beach, VIrgInIa, desIgnated and descnbed as
37 "PORTION OF OLD LONDON BRIDGE ROAD TO BE
38 CLOSED, AREA = 145,977 SF OR 3 351 AC." shown as the
39 cross-hatched area on that certaIn plat entItled "PLA T
40 SHOWING PROPOSED CLOSURE OF A PORTION OF OLD
41 LONDON BRIDGE ROAD RIGHT-OF-WAY (MB 156, PG
42 22)(MB XX, PG XX) MAY 23, 2003, VIRGINIA BEACH,
43 VIRGINIA" Scale: 1" = 1 00', dated OS/23/03, prepared by MSA,
44 P C., a copy of whIch IS attached hereto as ExhIbIt A
45
46
47 SECTION II
48
49 The follOWIng condItions must be met on or before one (1) year from CIty
50 CouncIl's adoption of thIS ordInance:
51
1. The CIty Attorney's OffIce WIll make the fInal determInatIon regardIng
52 ownershIp of the underlYIng fee. The purchase pnce to be paid to the CIty shall be determIned
53 accordIng to the "Policy RegardIng Purchase of CIty'S Interest In Streets Pursuant to Street
54 Closures," approved by CIty CouncIl. Caples of saId policy are aVailable In the PlannIng
55 Department
56 2. The applicant shall resubdIvIde the property and vacate Internal lot lInes to
57 Incorporate the closed area Into the adjOInIng parcels. The resubdIvIsIon plat shall be submItted
58 and approved for recordation pnor to fInal 'itreet closure approval
59 3 The applIcant shall venfy that no pnvate utIlItIes eXIst WIthIn the nght-of-way
60 proposed for closure. PrelImInary comments from the utilIty companIes IndIcate that there are
61 no pnvate utilIties WIthIn the nght-of-way proposed for closure. If pnvate utIlItIes do eXIst, the
62 applIcant shall provIde easements satIsfactory to the utIlIty companIes.
63
2
63
4. Closure of the nght-of-way shall be contingent upon complIance WIth the
64 above stated condItions WIthIn one year of approval by CIty Council If all condItions noted
65 above are not In complIance and the fInal plat IS not approved WIthIn one year of the CIty
66 CouncIl vote to close the street, thIS approval wIll be conSIdered null and VOId
67
68 SECTION III
69
70
1.
If the precedIng condItions are not fulfIlled on or before November 25,
71 2004, thIS OrdInance wIll be deemed null and VOId WIthout further actlon by the CIty CounCIl.
72
2.
If all condItions are met on or before November 25, 2004, the date of fInal
73 closure IS the date the street closure ordInance IS recorded by the CIty Attorney.
74
3.
In the event the CIty of VIrgInIa Beach has any Interest In the underlYIng
75 fee, the City Manager or hIS deSIgnee IS authonzed to execute whatever documents, If any, that
76 may be requested to convey such Interest, prOVIded said documents are approved by the CIty
77 Attorney's OffIce
78 SECTION IV
79 A certifIed copy of thIS OrdInance shall be fIled In the Clerk's OffIce of the
80 CIrCUIt Court of the CIty of VIrgInIa Beach, VIrgInIa, and Indexed In the name of the CITY OF
81 VIRGINIA BEACH as "Grantor" and THE TAYLOR GROUP, LLLP, CLAUDE P. BROWN,
82 BETTY B BOURDON, PAUL S BOURDON and R EDW ARD BOURDON, JR. as
83 "Grantee."
84
3
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
of Novernber
CA-8949
October 14, 2003
Adopted by the Council of the CIty of VIrgInIa Beach, VIrgInIa, on thIS 25th day
, 2003
f \l)J1JIATYlf OIm,I"ULcl UO'l1rLIWORKIN(,IL^~l)4l) OR!) UlK
APPROVED AS TO CONTENT
~~ 11--(,'03
~
Planmng Department
APPROVED AS TO LEGAL
SUFFICIENCY n
U/~~ ;?, ~~
CIty Attorney
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EXHIBIT A
PMQl I
1HC TA)t(}lt ~ /.P
(DII nIl. PG Ifl(JI)
(W 164 PGIl
IW1.PG
Haf-4I-,u
/rCSIlJtIAL OF' PM'al 4.NJ
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(DII nl!l, PG 11(1)
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(DB ats. PG 11(1)
(WI 7. I'(; 10)
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PLA T SHOWING
PROPOSED CLOSURE
OF A PORTION OF
OLD LONDON BRIDGE ROAD
RIGHT - OF - WAY
(MS 156, PG 22)(MS XX, PG XX)
MAY 23, 2003
VIRGINIA BEACH, VIRGINIA
l\1:SA, PGCG
Landscape Architecture. Planning
Surveying. Engineering
Environmental Sciences
SOH ROUSE DRIVE, VIRGINIA BEACH, VA 23462-170R
PHONF (757) 490-9264 FAX (7'i7) 490-0614
II
SCALE 1"=100'
OWN BY' MAS
SHEET 1 OF 2
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1D . t:lClSlZl MIrA - 14.fo_n SF OR .J..J$1 AC
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MATCHUNE SEE SHEET 2 OF 2
PLAT SHOWING
PROPOSED CLOSURE
OF A PORTION OF
OLD LONDON BRIDGE ROAD
RIGHT - OF - WAY
(MS 156, PG 22)(MS XX, PG XX)
MAY 23, 2003
VIRGINIA BEACH, VIRGINIA
lVlSA, P..C..
Landscape Architecture . Planning
Surveying. Engineering
Environmental Sciences
~OJ3 ROUSE DRIVE, VIRGINIA BEACH, VA 23462-3708
PHONF (7S7) 490-9264 FAX (757) 490.0634
III
DATE OS/23/03
SCALE 1"=100'
OWN BY' MAS
III
SHEET.;l OF 2
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N 3459403 86
E 12156614 08
Area Vacated =
18,179.44 sq. ft.
0.41734 Acre
RIGHT OF WAY UNE :.y
TO BE VACA1ED ~
NOW OR FORMERLY
THE CHRISTIAN BROADCASllNG
NETWORK, INC
PIN# 1455-68-3796
DB 2307, PG 1411
(ZONED 11)
PROPOSED
AMERIGROUP SUPPORT
CENTER
:J;
/
N 345898491
E 12156649 96
Ll S83042'41 "E
L2 N05000'32 "W
L3 N04044'44"W
L4 S85013'2I "W
L5 N85013'21 "E
L6 S05006'59"E
L 7 S83042'41 "E
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j! ~S[ARS OAD
~~~l AREA OF STREET CLOSURE
L__~-.J
60 0 60
~--
SCALE IN FEEl
NOTES'
I. THIS PLAT DOES NOT CONSTITUTE A
SUBDIVISION OF LAND
2. THIS PLAT PREPARED WITHOUT THE
BENEFIT OF A TITLE REPORT
/
L=455.33'
R=I,119.00'
?=230I8'52"
T=230.86'
CH=452.20'
CHB=S22026'08"W
EXHIBIT A
43.96'
237 67'
18281 '
44.72'
27.00'
412.05'
3.85'
120
VHB VlllllUse
Hagen
BrrutlilJ
~lAndD8ftlopMll1 fnc
aDllBD.~s.m.c.. ·
S544 Ommwu:b Ibd, SlId8 m-vquaa BMc:h
V1rJi;aIa. Z34Q ml490-0132. fa m149O-0136
Exhibit Plat Showing
A Portion of
Regent Universi!r Drive to be Closed
Adjacent to
The Christian Broadcasting Network, Inc.
DSC File Number B09-519
Date
11103/03
Scale
1-=60'
VHBCad File Noma
3136402st-c1010
ProI8ct Number
31364.02
The Taylor Group
Claude B. Brown, Betty B. Bourdon
Paul S. Bourdon & R. Edward Bourdon, Jr.
R-2O /'
~
//
Street Closure
ZONING HISTORY
1 3-26-03 Modification of Land Use Plan - Granted
1-14-85 Change of Zoning (R-3 Residential District to R-5 Residential
District) - Granted
1-14-85 Change of Zoning (R-5 Residential District to PD-H2) -
Granted
2. 9-14-93 Street Closure - Granted
3. 9-14-93 Conditional Use Permit (horse race track) - Granted
- 40-
Item V-K.3.
PLANNING
ITEM # 51918
Upon motzon by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED Ordznance
upon Applzcatzon of VTc One, L.L. c. for the dlscontznuance, closure and abandonment of a portzon of Regent
UniVersity Drive
Ordmance upon Applzcatzon of VTC One, L L C. for the discontinuance,
closure and abandonment of a portzon of Regent UniVersity Drive begznmng at
a poznt approxlmately 500 feet south of Interstate 64 and runmng zn a southerly
directzon a dlstance of420 48feet DISTRICT 1- CENTERVILLE
The followzng conditzons shall be reqUired
1 The City Attorneys Office shall make the final determznatzon
regardzng ownership of the underlyzngfee The purchase przce to be
paid to the City shall be determzned accordzng to the "Polzcy
Regardzng Purchase of Clty 's Interest In Streets Pursuant to
Street Closures, " approved by Clty CoullCzl Caples of the polzcy
are avazlable zn the Planmng Department
2 The applzcant shall resubdivide the property and vacate znternallot
lznes to zncorporate the closed area znto the a4Jozmng parcels The
plat shall be submltted and approved for recordatzon przor to final
street closure approval
3 The applzcant shall verify that no private utllzties eXlst wlthm the
right-of- way proposed for closure Prelzmznary comments from the
Utzlity compames zndicate that there are no private utilzties wzthzn
the rzght-of-way proposed for closure If prz va te utllztles do
eXist, easements, satisfactory to the utllzty company shall be
provided
4 The applzcant shall dedicate a twenty (20)-foot pubhc utllzty
easement for maintenance and repair of the five (5)-lnch water
lzne that IS located at the southern edge of the rzght-of-way, or
shall relocate the waterZzne subject to the approval of the
Department of PubZzc UtlZztles
5 Closure of the right-of-way shall be contzngent upon complzance
(November 24, 2004) With the above stated conditzons withzn 365
days of approval by City CounCil If the condltzons noted above are
not accomplzshed and the final plat lS not approved withm one (1)
year of the Clty Councll vote to close the right-of-way, thiS
approval shall be considered null and VOid
November 25, 2003
Counczl Members Absent
Jlm Reeve and Rosemary Wilson
November 25,2003
- 41 -
Item V-K.3.
PLANNING ITEM # 51918 (Continued)
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W.
Schmidt, Ron A. Villanueva and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve and Rosemary Wilson
'l.T __ ____
2
3
4 ORDINANCE NO.
5
6
7
8 IN THE MATTER OF CLOSING, VACATING AND
9 DISCONTINUING A PORTION OF THAT CERTAIN
10 STREET KNOWN AS REGENCY UNIVERSITY DRIVE
11 AS SHOWN ON THAT CERTAIN PLAT ENTITLED
12 "EXHIBIT PLAT SHOWING A PORTION OF REGENT
13 UNIVERSITY DRIVE TO BE CLOSED ADJACENT TO
14 THE CHRISTIAN BROADCASTING NETWORK, INC.,
15 DSC FILE NUMBER B09-519"
16
17
18 WHEREAS, VTC One, L.L C. applIed to the CounCIl of the CIty of VIrgInIa
19 Beach, VIrgInIa, to have the hereInafter descrIbed street dIscontlnued, closed, and vacated; and
20 WHEREAS, It IS the Judgment of the Council that Said street be dIscontlnued,
21 closed, and vacated, subject to certaIn condItlons haVIng been met on or before one (1) year from
22 CIty CounCIl's adoptlon of thIS OrdInance;
23
24 NOW, THEREFORE, BE IT ORDAINED by the Council of the CIty of VIrgInIa
25 Beach, VIrgInIa.
26
27 SECTION I
28
29 That the hereInafter descnbed street be dIscontlnued, closed and vacated, subject
30 to certaIn condItIons beIng met on or before one (1) year from CIty Council's adoption of this
3 1 ordInance
32
33
34
35
36 GPIN. 1455-68-3796
37
38
1
-------,.--
38 All that certaIn pIece or parcel of land sItuate, lYIng and beIng In
39 the CIty of VIrgInIa Beach, VIrgInIa, desIgnated and descnbed as
40 "AREA VACATED = 18,17944 SQ. FT., 041734 ACRE" shown
41 as the cross-hatched area on that certain plat entitled: "EXHIBIT
42 PLAT SHOWING A PORTION OF REGENT UNIVERSITY
43 DRIVE TO BE CLOSED ADJACENT TO THE CHRISTIAN
44 BROADCASTING NETWORK, INC., DSC FILE NUMBER
45 B09-519", Scale. 1" = 60', dated 11/03/03, prepared by Vanasse,
46 Hangen, BrustlIn, Inc., a copy of whIch IS attached hereto as
47 ExhIbIt A.
48
49
50 SECTION II
51
52 The follOWIng condItions must be met on or before one (1) year from CIty
53 CouncIl's adoption of thIS ordInance.
54
1. The City Attorney's OffIce WIll make the fInal determInation regardIng
55 ownershIp of the underlYIng fee The purchase pnce to be paid to the City shall be determIned
56 accordIng to the "PolIcy RegardIng Purchase of CItis Interest In Streets Pursuant to Street
57 Closures," approved by CIty Council. CopIes of saId polIcy are avaIlable In the PlannIng
58 Department.
59 2 The applicant shall resubdIvIde the property and vacate Internal lot lines to
60 Incorporate the closed area Into the adjOInIng parcels. The resubdIvIsIon plat shall be submItted
61 and approved for recordation pnor to final street closure approval
62 3. The applIcant shall venfy that no pnvate utllItIes eXIst WIthIn the nght-of-way
63 proposed for closure. PrehmInary comments from the utilIty companIes IndIcate that there are
64 no pnvate utIhtIes WIthIn the nght-of-way proposed for closure. If pnvate utIlItles do eXIst, the
65 applicant shall prOVIde easements satisfactory to the utIlity companIes.
66
2
66 4. The applIcant must secure title to the portion of Regent UnIversIty Dnve
67 currently owned by the Commonwealth of VIrgInIa.
68 5. Closure of the nght-of-way shall be contingent upon complIance WIth the
69 above stated condItions WIthIn one year of approval by CIty CounCIl. If all condItions noted
70 above are not In compllance and the fInal plat IS not approved WIthIn one year of the CIty
71 Council vote to close the street, thIS approval wIll be conSIdered null and VOId.
72
73
74 SECTION III
75
76
1.
If the precedIng condItions are not fulfIlled on or before November 24,
77 2004, thIS OrdInance wIll be deemed null and VOId WIthout further action by the CIty CounCIl.
78
2.
If all condItions are met on or before November 24, 2004, the date of fInal
79 closure IS the date the street closure ordInance IS recorded by the CIty Attorney
80
3.
In the event the CIty of VIrgInIa Beach has any Interest In the underlYIng
81 fee, the CIty Manager or hIS deSIgnee IS authonzed to execute whatever documents, If any, that
82 may be requested to convey such Interest, prOVIded SaId documents are approved by the CIty
83 Attorney's OffIce
84
85 SECTION IV
86 A certlfIed copy of thIS OrdInance shall be fIled In the Clerk's OffIce of the
87 CIrCUIt Court of the CIty of VIrgInIa Beach, VIrgInIa, and Indexed In the name of the CITY OF
88 VIRGINIA BEACH as "Grantor" and VTC One, L.L.C. as "Grantee."
89
3
89
90
Adopted by the Council of the CIty of VIrgInIa Beach, VIrgInIa, on thIS25th day
91 of November , 2003.
92
93
94 CA-8948
95 November 5, 2003
96 l \Datd\AT't'\l-OIm~\"'treet Closurc\WORK1NC,\td8948 ord dOL
97
98
99
100
101
102
103
104
105
106
107
108
109
110
11-7 --03
mg Department
APPROVED AS TO LEGAL
s~ ~_
c\;imey ~
4
ZONING HISTORY
1. 09/28/93 - STREET CLOSURE - Granted
2. 03/27/72 - REZONING - RD-1 Residential to MI-3 Industrial- Granted
3. 07/0/93 - REZONING to 0-2 Office Distnct - Granted
4. 04/10/84 - CONDITIONAL USE PERMIT (relay device) - Granted
5. 01/16/84 - REZONING to R-40 Residential- Granted
01/16/84 - CONDITIONAL USE PERMIT (horse stable) - Granted
----r-
- 42-
Item V-K.4.
PLANNING
ITEM # 51920
Attorney David A Miller, Jr , 303 Lynnhaven Parkway SUite 100, Phone 498-3434, represented the applzcant
John S Milleson, Manager- Cavalzer Golfand Yacht Club, 1052 Cardznal Road, Phone 428-3131, waived his
right to speak
Upon motzon by Councllman Wood, seconded by Councllman Schmidt, Clty Counczl ADOPTED Ordznance
upon applzcatzon of cA V ALlER GOLF & YACHT CL UB for the dlscontznuance, closure and abandonment
of the cul-de-sac at the eastern termznus of Tanager Trail
Ordznance upon applzcatzon of Cavalzer Golf & Yacht Club for the
dlscontznuance, closure and abandonment of the cul-de-sac at the eastern
termznus of Tanager Trall DISTRICT 5 - L YNNHA VEN
The followzng condztions shall be requlred
1 The Czty Attorney's Office shall make the final determmatzon
regardzng ownershlp of the underlyzngfee The purchase price to be
paid to the City shall be determzned accordzng to the Hpolzcy
Regardzng Purchase of Cay's Interest zn Streets Pursuant to Street
Closures, " approved by City Council Copies of the poliCy are
avazlable zn the Planning Department
2 The applicant shall resubdivide the property and vacate znternallot
lznes to zncorporate the closed area znto the adjOining parcels The
plat shall be submitted and approved for recordatzon przor to final
street closure approval
3 The applzcant shall verify that no private utllzties eXist wzthzn the
right-of- way proposed for closure Prelzmlnary comments from
the utzlzty companies Indicate that there are no private utllztles
Within the rzght-of-way proposed for closure If przvate utilzties do
eXlst, easements, satisfactory to the utilzty company shall be
prOVided
4 The applzcant shall dedicate a twenty (20)joot publzc utllzty
easement for maintenance and repair of the five (5)-lnch water
lzne that IS located at the southern edge of the rzght-of-way, or
shall relocate the waterlzne subject to the approval of the
Department of Publzc Utilztles
5 Closure of the right-of way shall be contmgent upon complzance
With the above stated conditzons withzn 365 days (November 24,
2004) of approval by Czty Counczl If the conditzons noted above are
not accomplzshed and the final plat is not approved wlthzn one year
of the City Counczl vote to close the right-of-way, thiS approval shall
be conSidered null and vozd
November 25,2003
-- - I
I
2
3
4 ORDINANCE NO.
5
6
7
8 IN THE MATTER OF CLOSING, VACATING AND
9 DISCONTINUING A PORTION OF THAT CERTAIN
10 STREET KNOWN AS TANAGER TRAIL AS SHOWN
II ON THAT CERTAIN PLAT ENTITLED "EXHIBIT
12 SHOWING STREET CLOSURE PLAT EASTERN
13 TERMINUS OF TANAGER TRAIL BIRDNECK POINT,
14 CLUB SECTION, M.B 27, P 35, M B.38, P 3, VIRGINIA
15 BEACH, VIRGINIA"
16
17
18 WHEREAS, CavalIer Golf & Yacht Club applIed to the CouncIl of the CIty of
19 V IrgInIa Beach, VIrgInIa, to have the hereInafter descnbed street dIscontlnued, closed, and
20 vacated; and
21 WHEREAS, It IS the judgment of the CouncIl that said street be dIscontlnued,
22 closed, and vacated, subject to certaIn condItlons haVIng been met on or before one (1) year from
23 CIty CouncIl's adoptlon of thIS OrdInance,
24
25 NOW, THEREFORE, BE IT ORDAINED by the CouncIl of the CIty of VIrgInIa
26 Beach, V IrgIllla.
27
28 SECTION I
29
30 That the hereInafter descnbed street be dIscontInued, closed and vacated, subject
31 to certain condItlons beIng met on or before one (1) year from CIty CouncIl's adoptIon of thI~
32 ordInance:
33
34 GPIN' 2418-51-9145,2418-61-6238 and 2418-25-3175
35
1
35
36 All that certaIn pIece or parcel of land SItuate, lYIng and beIng In
37 the City of VIrgInIa Beach, VIrgInIa, desIgnated and descnbed as
38 "AREA OF STREET CLOSURE, (7,307 ~q 1't /0 167 acres) as
39 shown as the cross-hatched area on that certain plat entltled
40 "EXHIBIT SHOWING STREET CLOSURE PLAT EASTERN
41 TERMINUS OF TANAGER TRAIL, BIRDNECK POINT CLUB
42 SECTION, M.B 27, P 35, M B. 38, P. 3, VIRGINIA BEACH,
43 VIRGINIA", Scale 1" = 40', dated May 5, 2003, prepared by
44 Gallup Surveyors & EngIneers, L TD, a copy of whIch IS attached
45 hereto a~ ExhIbIt A.
46
47
48 SECTION II
49
50 The followIng condItlons must be met on or before one (1) year from CIty
51 Council's adoption of thIS ordInance.
52
1. The CIty Attorney's OffIce WIll make the fInal determInatlon regardIng
53 ownershIp of the underlYIng fee. The purchase pnce to be paid to the CIty shall be determIned
54 accordIng to the "Policy RegardIng Purchase of City's Interest In Streets Pursuant to Street
55 Closures," approved by CIty CounCIl. CopIes of saId polIcy are avaIlable In the PlannIng
56 Department
57
2 The applIcant shall resubdlvlde the property and vacate Internal lot lines to
58 Incorporate the closed area Into the adjOInIng parcels. The resubdlvIsIon plat shall be submItted
59 and approved for recordation pnor to fInal street closure approval.
60
3 The applIcant shall venfy that no pnvate utilItIes eXIst WIthIn the nght-of-
61 way proposed for closure. PrelImInary comrnents from the utilIty companIes IndIcate that there
62 are no pnvate utilItIes WIthIn the nght-of-way proposed for closure. If pnvate utlhtles do eXIst,
63 the applicant shall prOVIde easements satIsfactory to the utilIty companIes.
2
64
4 The applIcant shall dedIcate a twenty-foot publIc utlhty easement for
65 maIntenance and repair of the 5-Inch water lIne that IS located at the southern edge of the nght-
66 of-way, or shall relocate the water hne subject to the approval of the Department of PublIc
67 UtllItIes.
68
5. Closure of the nght-of-way shall be contIngent upon complIance wIth the
69 above stated condItIons wIthIn one year of approval by CIty CouncIl. If all condItlons noted
70 above are not In conlpliance and the final plat IS not approved withIn one year of the CIty
71 CouncIl vote to close the street, thIS approval wIll be conSIdered null and vOId.
72
73 SECTION III
74
75
1
If the precedIng condItlons are not fulfilled on or before November 24,
76 2004, thIS OrdInance WIll be deemed null and vOId wIthout further actIon by the CIty CouncIl
77
2
If all condItIons are met on or before November 24, 2004, the date of final
78 closure IS the date the street closure ordInance IS recorded by the CIty Attorney.
79
3
In the event the CIty of VIrgInIa Beach has any interest In the underlyu1g
80 fee, the CIty Manager or hIS desIgnee IS authorIzed to execute whatever documents, If any, that
81 lnay be requested to convey such Interest, prOVIded saId documents are approved by the CIty
82 Attorney's Office.
83 SECTION IV
84 A certIfied copy of thIS OrdInance shall be filed in the Clerk's Office of the
85 CIrCUIt Court of the CIty of VIrgInIa Beach, VIrgInIa, and Indexed In the name of the CITY OF
86 VIRGINIA BEACH as "Grantor" and CA V ALlER GOLF & YACHT CLUB as "Grantee"
87
3
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ZONING HISTORY
1. 6-18-63: Rezoning (R-S3 Residence Suburban to L-C1 Limited
Commercial) - Approved
7 -8-85: Conditional Use Permit (Multiple-family dwellings) - Denied
2. 6-18-63: Rezoning (R-S3 Residence Suburban to C-G1 General
Commercial) - Approved
1-3-66: Conditional Use Permit (Gasoline Station) - Approved
11-27 -90: Conditional Use Permit (tire installation) - Approved
------ ---------r
87
88
Adopted by the CouncIl of the CIty of VIrgInIa Beach, VIrgInIa, on thIS 25th day
89 of November , 2003
90
91
92 CA-8915
93 October 9,2003
94 [ \D.lla\^TY\1 orm,\"lre-d ( IO\UIe-\WORKI"It ,\laXY I ~ DId unl
95
96
97
98
99
100
101
102
103
104
105
106
107
APPROVED AS TO LEGAL
SUFFICIENCY ~
~~~<<- ;?-"
City Attorney
4
- 43-
Item V-K.4.
PLANNING ITEM # 51921 (Continued)
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W
Schmidt, Ron A. Villanueva and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve and Rosemary Wilson
November 25, 2003
- 44-
Item V-K.5.
PLANNING
ITEM # 51922
Upon motzon by Vlce Mayor Jones, seconded by Councllman Schmidt, City Counczl ALLOWED AN
EXTENSION OF FOUR (4) MONTHS until March 25, 2004, for compliance in the discontznuance, closure
and abandonment of Admiral Wright Boulevard upon applzcation of DEMERTRIOUS KOULOUKlS
(Approved: March 25, 2004)
Applicatzon of Demertrzous Kouloukis for the discontznuance, closure and
abandonment of a portzon of Admlral Wright Boulevard located on the east side
of Euclid Street, 450feet more or less south of Vi rgzn za Beach Boulevard Sazd
parcel contazns 15,111 square feet DISTRICT 2 - KEMPSVILLE
V otmg
9-0 (By Consent)
Counczl Members Votzng Aye
Harry E Dlezel, Margaret L Eure, Vlce Mayor LoUiS R Jones, Reba S
McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Peter W
Schmidt, Ron A Vlllanueva and James L Wood
Council Members Votzng Nay
None
Council Members Absent
Jim Reeve and Rosemary Wllson
November 25, 2003
--~
- 45-
Item V-K.6.
PLANNING
ITEM # 51923
Upon motzon by Vice Mayor Jones, seconded by Councilman Schmidt, City Council MODIFIED the
Conditzonal Use Permlt of BA CK BA Y CHRISTIAN ASSEMBL Y OF GOD (Approved June 22, 1999) to
allow constructzon of an addltzonal buzldzng to house classrooms and a gymnaslum
Ordmance upon Applzcatzon of Back Bay Christzan Assembly of God for
Modificatzon of a Condltzonal Use Permlt for a church approved by Clty
Counczl on June 22, 1999 Property is located at 1196 Przncess Anne Road
(GPIN 2401812439) DISTRICT 7 - PRINCESS ANNE
The followzng condltzons shall be requlred
1 Other than the modificatzons lzsted below, all conditzons set forth zn
the Conditzonal Use PermIt approved by Clty Council on June 22,
1999, shall remazn zn effect
2 The development of the Site shall be zn substantzal conformance With
the concept plan entltled, <<PrelzmInary SIte Development Plan
of Back Bay ChrzstIan Assembly of God, "prepared by Horton &
Dodd, PC, dated June 3, 2003, whlch has been exhibIted to the City
Council and is on file zn the Plannzng Department
3 The proposed 10,000 square foot gymnasium and classroom
bUildzng shall be constructed zn substantzal conformance With the
elevatzon entltled, "PrelzmInary DraWIngs for Back Bay
ChrzstIan Assembly, " prepared by Barnes Deslgn Group, dated
July 2, 2003, which has been exhlbited to the Clty Council and is on
file zn the Planning Department
4 All reqUirements of the Health Department shall be met and Will be
formally revlewed durzng final slte plan reVlew
V otzng
9-0 (By Consent)
Council Members Votzng Aye
Harry E Diezel, Margaret L Eure, Vice Mayor LoUls R Jones, Reba S
McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Peter W
Schmidt, Ron A Villanueva and James L Wood
CouncIL Members Votzng Nay
None
Council Members Absent
Jim Reeve and Rosemary Wilson
- 46-
Item V-K. 7.
PLANNING
ITEM # 51924
Upon motion by Vlce Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED Petitzon for
a Variance to Sectzon 44 (b) of the Subdlvlszon Ordznance that reqUlres all newly created lots meet all the
reqUirements of the City Zomng Ordmance (CZO) and allow the property to be subdivided mto four (4) lots for
BAY REFLECTIONS BUILDING, LLC:
Appeal to Deciszons of Admimstratlve Officers m regard to certazn elements of
the Subdlvlszon Ordznance, Subdivlszon for Bay Reflectzons BUildzng, L.L C
Property is located on the east slde of Shoveller Avenue, 391 80 feet north of
Mlll Dam Road (GPIN 2408295759, 2408292885, 2408292880) DISTRICT
5 -LYNNHAVEN
The followmg conditzons shall be required
1 The property shall be subdivided as shown on the plat entitled,
"CBPA Exhlbll of Shoveller Avenue for Bay Rejlectlons
BUllding, LLC" dated 6/20/03 by Kellam-Gerwitz Engmeermg,
Inc However, the plat shall be revised to reduce the lot widths for
Lots 2 and 3 to 80 feet The area between lots 2 and 3 shall be 15
feet wide and shall be part of Lot 4
2 All eXistmg znterzor lot lmes shall be vacated
3 The width and surface material for the driveway servmg Lot 4 shall
be subject to approval by the Flre Department All resldentzal
structures shall be wzthzn 500 feet of afire hydrant
4 On Lots 2 and 3, an easement shall be recorded prohlbitzng any
structures wzthzn two (2) feet of the stem of the flag lot (Lot 4)
V otzng
9-0 (By Consent)
Council Members Votzng Aye
Harry E Diezel, Margaret L Eure, Vice Mayor LoUls R Jones, Reba S
McClanan, Rlchard A Maddox, Mayor Meyera E Oberndorf, Peter W
Schmidt, Ron A Villanueva and James L. Wood
Councll Members Votmg Nay
None
Council Members Absent
Jim Reeve and Rosemary Wllson
November 25, 2003
- 47-
Item V-K.8.
PLANNING
ITEM # 51925
Upon motzon by Vice Mayor Jones, seconded by Councllman Schmidt, City Council ADOPTED Ordznance
upon Applicatzon of GREEN HILL BY THE BAY CONDOMINIUM OWNERS ASSOCIATION for a
Conditzonal Use Permit
ORDINANCE UPON APPLICATION OF GREEN HILL BY THE BAY
CONDOMINIUM OWNERS ASSOCIATION FOR A CONDITIONAL USE
PERMIT FOR A COMMUNITY BOAT DOCK/PIER R011031139
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Applzcatzon of Green Hill by the Bay Condominium Owners
Assoczatzon for a Condltzonal Use Permit for a commUnity boat dock/pier on
property located at the northern extremlty of Lovetts Pond Lane, 1266 60 feet
north of Green Hill Road (GPIN 1499767107) DISTRICT 5 -LYNNHAVEN
The followmg conditions shall be reqUired
1 Permits shall be secured from the appropriate regulatory agencies
through the Joznt Permit Applzcatzon (JPA) process przor to any
development or constructzon of the community boat dock.
2 The community boat dock shall be constructed as depicted on the
plan entitled, <(Layout Plan, Proposed Wood Dock & Pier Szte
Plan (Common Element), "prepared by WPL, datedJuly 16,2003,
or as may be modified as required by the JP A permit
3 No overnight mooring of boats shall be permitted
4 The community boat dock shall be for the exclUSive use of the
reSidents of the Green Hill by the Bay condomznium development
No commerczal use of the dock shall be permltted
ThiS Ordinance shall be effective in accordance wzth Sectzon 107 (j) of the Zoning Ordinance
Adopted by the Counczl of the CIty ofVirgznza Beach, Virginia, on the Twenty-fifth of November, Two Thousand
Three
November 25, 2003
- 48-
Item V-K.8.
PLANNING ITEM # 51926 (Continued)
V otmg 9-0 (By Consent)
Council Members Votmg Aye
Harry E Diezel, Margaret L Eure, Vice Mayor LoUis R Jones, Reba S
McClanan, Rlchard A Maddox, Mayor Meyera E Oberndorf, Peter W
Schmidt, Ron A Vlllanueva and James L Wood
Council Members Votzng Nay
None
Council Members Absent
Jim Reeve and Rosemary Wilson
November 25, 2003
- 49-
Item V-K. 9
PLANNING
ITEM # 51927
Upon motzon by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED Ordmance
upon applzcatlon of OMNIPOINT/T-MOBILE for a Condltzonal Use Permit
ORDINANCE UPON APPLICATION OF OMNIPOINT / T-MOBILE FOR A
CONDITIONAL USE PERMIT FOR A TELECOMMUNICATIONS TOWER
R011031140
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordmance upon Applzcatzon of Omnlpomt / T-Mobile for a Conditzonal Use
Permit for a telecommunlcatzons tower on property located at 3600 Holland
Road (GPIN 1486542283) DISTRICT 3 - ROSE HALL
The followzng conditzons shall be reqUired
1 The tower and equlpment areas shall be located as shown on the site
plan entitled "First Allied Rawland, 3 600 Holland Road" dated July
28, 2003, and prepared by Draper Aden Assoczates, as exhiblted to
Clty Councll and on file with the Plannzng Department All
antennae on the tower must be flush mounted
2 The tower shall be constructed to accommodate at least three (3)
carrzers usmg the flush mounted antennae and znternal cable
3 Unless a Waiver lS obtamed from the City of Virgmza Beach
Department of CommUnicatzons and Informatzon Technology
(COMIT), a radzofrequency emlsszons study (RF Study), conducted
by a qualified engzneer lzcensed to practlce zn the Commonwealth of
Virginia, showzng that the zntended user(s) Will not mterfere wllh
any City of Vlrglnia Beach emergency communlcatzon facilztles,
shall be prOVided przor to szte plan approval
4 In the event znterference wlth any Cay emergency commUnicatzons
facilzties arises from the user of thls tower, the user shall take all
measures reasonably necessary to correct and elzmznate the
znterference If the znterference cannot be elzmznated wlthm a
reasonable time, the user shallunmedzately cease operatzon to the
extent necessary to stop the znterference
5 Should the antennae cease to be used for a perzod of more than one
(1) year, the applzcant shall remove the antennae and their
supportzng towers and related equlpment
November 25, 2003
- 50-
Item V-X. 9
PLANNING
ITEM # 51927 (Continued)
ThiS Ordmance shall be effective m accordance wlth Sectzon 107 (f) of the Zonmg Ordmance
Adopted by the Counczl of the City of Vi rgznza Beach, Virgmia, on the Twenty-fifth of November, Two Thousand
Three
V otmg
7-2 (By Consent)
Councll Members Votmg Aye
Harry E Diezel, Margaret L Eure, Vice Mayor LoUiS R Jones, Richard A
Maddox, Peter W Schmidt, Ron A Villanueva and James L Wood
Council Members Votmg Nay
Mayor Meyera E Oberndorf and Reba S McClanan
Council Members Absent
Jim Reeve and Rosemary Wzlson
November 25,2003
- 51 -
Item V-K.I0.
PLANNING
ITEM # 51928
Upon motzon by Vlce Mayor Jones, seconded by Councilman Schmldt, City Council ADOPTED Ordmance
upon appZzcation of ROBERT ARNOLD for a Conditional Use Permzt
ORDINANCE UPON APPLICATION OF ROBERT ARNOLD FOR A
CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES ROll03] 141
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordmance upon AppZzcatzon of Robert Arnoldfor a Conditzonal Use Permlt for
motor vehicle sales on property located at 1305 Oceana Boulevard (GPIN
2415495038) DISTRICT 6 - BEACH
The followzng conditzons shall be requlred
1 The sUe shall be developed zn substantzal conformance with the Site
plan entitled "Prellmznary Szte Plan of The Automobzle Center"
dated 4-15-03 by Mel Smith & Assoczates, whlch has been exhibited
to Czty Councll and lS onfile m the Planmng Department However,
the plan may be altered to reposUzon display areas and landscape
is lands
2 Landscapmg shall meet or exceed all appZzcable reqUirements of the
ZOning Ordmance and Site Plan Ordmance All trees wzth a caZzper
of two-znches or greater shall be preserved withm the Category IV
buffer area on the west side of the property Trees and/or shrubs
shall be supplemented where necessary to meet or exceed the
Category IV buffer requlrement
3 The buddmg shall be constructed zn substantzal conformance With
the elevatzon entitled "Auto Sales Center, "which has been exhibited
to City Council and lS on file zn the Planmng Department The
applzcant shall work With the Department of Planmng staff to
znclude additzonal archltectural treatments to add varzatzon m the
rooflme The right Side elevatzon shall znclude the same materials
and zncorporate an equivalent level of archztectural features and
detazls as deplcted m the elevatzon Vehlcle bay doors shall only be
mcluded on the back of the bUlldzng
4 Alllzghtmg shall be directed toward the mterzor of the Site and away
from adjoznzng properties Llghtzng must be directed down and not
out hOrizontally or up zn the azr Outdoor Zzghtzngfixtures shall not
exceed fourteen (14) feet All Zzghtzng shall be conSistent With the
standards recommended by the Illumznatzon Engmeerzng SOClety of
North Amerzca (IESNA)
November 25,2003
- 52-
Item V-K.I0.
PLANNING ITEM # 51928 (Continued)
5 The freestandzng slgn shall be a monument or column-style sign no
more than elght (8) feet m helght constructed of materials to match
the bUildmg The bUildzng sign shall be compatible with the
architecture and subject to approval by the Plannzng Director or
DeSignee There shall be no other signs, neon signs, or neon accents
mstalled on any wall area of the exterzor of the buzldmg, wzndo WS,
doors, lzght poles, or any other portzon of the slte
6 Vehicles for dlsplay shall be at least ten (10) feet from the right-of-
way and shall be parked zn the deslgnated dlsplay areas only (The
final deslgnated display areas shall be determzned durzng the
detaz/ed slte plan reVlew process) No vehicles shall be parked
withzn any portzon of the publzc right-af-way or wlthm the vehicular
entrances to the property Vehlcles shall not be dlsplayed on ramps,
berms, or other elevatzng deVices
7 There shall be no pennants, streamers, banners, balloons, or
searchlzghts displayed on the slte at any time
8 Vehicle service and repair shall be lzmlted to washmg, detailzng, and
routme mazntenance of vehicles for sale only All of the service and
repair activlty shall take place mSide the bUildzng
9 No outside storage of Junk or salvage vehlcles shall be permitted
If vehicles zn thiS condUzon require storage, then such vehicles shall
be stored withzn the bUlldzng
10 No outslde storage of eqUipment, parts or materials shall be
perm 1 tted
11 No outside pagzng or muslc system shall be permitted
This Ordmance shall be effective zn accordance With Sectzon 107 (f) of the Zomng Ordmance
Adopted by the Councz/ of the City ofVlrginia Beach, Virgznza, on the Twenty-fifth of November, Two Thousand
Three
November 25, 2003
- 53-
Item V-K.10.
PLANNING ITEM # 51928 (Continued)
V otmg 8-1 (By Consent)
Council Members Votzng Aye
Harry E Dzezel, Margaret L Eure, Vice Mayor Louls R Jones, Richard A
Maddox, Mayor Meyera E Oberndorf, Peter W Schmldt, Ron A Villanueva
and James L Wood
Council Members V otzng Nay
Reba S McClanan
Counczl Members Absent
Jlm Reeve and Rosemary Wllson
November 25,2003
- 54-
Item V-K.11.
PLANNING
ITEM # 51929
Upon motzon by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an Ordznance
upon Applzcatzon of GOOD WILL INDUSTRIES OF HAMPTON ROADS, INC. for a Condltzonal Use Permit
ORDINANCE UPON APPLICATION OF GOODWILL INDUSTRIES OF
HAMPTON ROADS, INC FORA CONDITIONAL USEPERMITFORMOTOR
VEHICLE SALES R011031142
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordznance upon Applzcatzon of Goodwill Industries of Hampton Roads, Inc for
a Condltzonal Use Permit for motor vehlcle sales on property located at 5565
Virgima Beach Boulevard (GPIN 1467382046) DISTRICT 2 - KEMPSVILLE
The followzng condltzons shall be required
1 No more than Nznety (90) motor vehlcles at one tlme shall be on
display on the property All display of motor vehicles for sale shall
be located behznd the bUlldzng, on the south side of the szte
2 Any auctzon held on the property shall be conducted zn the front
(north) parkzng lot, away from the residentzally zoned properties
3 At a mznimum, a SiX (6) foot high solzd privacy fence With Category
I landscapzng on the south slde of the fence shall be znstalled along
the southern property lzne
4 At a minimUm, all landscapzng depicted on the Site plan entitled,
"Mars MUSIC, "prepared by MSA, Inc , dated July 22, 1997, shall
be znstalled Additzonallandscapzng may be reqUired due to ZOning
Ordznance reqUirements
5 No znoperable vehicles shall be permitted on the Site
6 No automobzle repair and/or service of vehicles shall be permitted
on the premlses
7 No tires for sale, merchandlse, or parts shall be displayed or stored
outSide
8 All automobzle detailzng and washzng actlvltles, as part of the
organizatzon 's Employment and Traznzng Program, shall only occur
on the rear of the Site, on the south slde of the buzldzng
9 Vehicle display platforms shall be prohibzted
November 25,2003
- 55 -
Item V-K11.
PLANNING
ITEM # 51929 (Continued)
10. All parkmg spaces reqUired by the City Zonmg Ordmance must be
marked by pamted stripmg on the side, mcludzng handicap spaces
m accordance with the Americans With Disabllzties Act (ADA)
11 An outdoor loudspeaker pagzng system or the playmg of musIc
and/or announcements over an exterzor speaker system shall not be
utllzzed or permitted The utllzzatzon of a publzc address system
durmg auctzons as desCribed above m Conditzon #2 is permitted.
12 All outdoor lzghtmg shall be shielded to direct lzght and glare onto
the premises, said lzghtzng and glare shall be deflected, shaded, and
focused away from adjozmngproperty Any outdoor lzghtzngfixtures
shall not be erected any higher thanfourteen (14) feet
13 The Conditzonal Use Permlt is to be administratively reviewed m
one (1) year
ThiS Ordmance shall be effective zn accordance wzth Sectzon 107 (f) of the Zomng Ordmance
Adopted by the Council of the Czty ofVirgznza Beach, Vlrgznia, on the Twenty-fifth of November, Two Thousand
Three
Votmg
9-0 (By Consent)
Councll Members Votmg Aye
Harry E Diezel, Margaret L Eure, Vlce Mayor LoUiS R Jones, Reba S
McClanan, Rlchard A Maddox, Mayor Meyera E Oberndorf, Peter W
Schmldt, Ron A Vlllanueva and James L Wood
Council Members V otmg Nay
None
Council Members Absent
Jim Reeve and Rosemary Wzlson
November 25,2003
- 56-
Item V-K.12.
PLANNING
ITEM # 51930
Upon motzon by V,ce Mayor Jones, seconded by Counczlman Schmidt, City Council ADOPTED an Ordmance
upon Applzcatzon of WDR PROPERTIES, INC. for a Condltzonal Use Permlt
ORDINANCE UPON APPLICATION OF WDR PROPERTIES, INC FOR A
CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND RENTAL
R011031143
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordznance upon Applzcatzon of WDR PropertIes, Inc for a Conditzonal Use
Permit for motor vehicle sales and rental on property located at 5657 Shore
Drive (GPIN 1469176314) DISTRICT4-BAYSIDE
The followmg conditzons shall be requlred
1 The appllcant shall submit a slte plan for reVlew and approval to the
Department of Planning / Development Servlces Center before
occupancy of the sUe or obtaznzng a busmess lzcense
2 The applzcant shall elzmznate the two (2) eXistzng curb cuts, (one on
Shore Drzve and one on Dzamond Sprmgs Road), that are located
closest to the zntersectzon of Shore Drzve and Diamond Sprzngs Road
3 The site shall be lmproved wlth requzred street frontage landscapmg
and foundatzon plantzng as requzred m the Szte Plan Ordmance,
Sectzon 5A The applzcant shall use plants specified zn the Shore
Drive Corridor Plan Appendlces for the street frontage and
foundatzon screemng Category IV Screemng shall be requlred
along the eastern and southern property lmes
4 The applicant shall remove the eXlstzng canopy The applzcant shall
mstall a parapet, no less than twenty-four (24) mches m helght, to
shield any rooftop equipmentfrom the rzghts-ofways, ifnecessary
The bUlldzng shall be paznted an earth tone or neutral color The
buzldzng trim and accents may be paznted With a primary color that
the applzcant uses With hiS buszness Awnzngs or canopies shall be
znstalled over the storefront wzndows and the mazn entry doors The
applzcant shall submlt elevatzons to the Department of Planmng /
Current Planmng Dlvlszon for reVlew and approval
5 The Site shall be permitted a monument style freestandmg sIgn, no
more than elght (8) feet zn helght, and two (2) buzldzng sIgns, to be
approved by the Planmng Director, zn accordance wlth the Clty
ZOning Ordznance There shall be no other Signs, neon Signs or neon
accents znstalled on any wall area of the exterzor of the buzldmg,
wzndows and / or doors, lzght poles, or any other portzon of the Site
November 25,2003
---- - -- ~ - - --. - - ,--.----,........--
- 57-
2.
NG ITEM # 51930 (Continued)
6 There shall be no pennants, streamers, balloons, portable signs or
banners displayed on the slte or the vehlcles
7 Vehicles shall be parked withm the deSignated areas, and no
vehicles shall be parked wlthzn any portzon of the publzc right-of-
way No vehicles shall be displayed on ramps Vehicles shall not be
used as barriers to prevent zngress or egress of the slte Storage of
vehicles awaitzng sale shall not obstruct fire department access to
the site
8 No outside pagmg system shall be permitted
9 All outdoor lightzng shall be shielded to direct lzght and glare onto
the premises, said lzghtmg and glare shall be deflected, shaded, and
focused away from adJozning property Outdoor lzghtzng fixtures
shall not be erected any higher thanfourteen {l4)feet
10 Hours of operatzon shall be between 9 OOam and 9 OOpm, Monday
through Saturday, and 12 OOpm and 5 OOpm on Sunday
ThiS Ordznance shall be effective zn accordance wlth Sectzon 107 (f) of the Zonmg Ordznance
Adopted by the CounCil of the City ofVirgima Beach, Virglma, on the Twenty-fifth of November, Two Thousand
Three
V otzng
9-0 (By Consent)
CounCil Members Votzng Aye
Harry E Dlezel, Margaret L Eure, Vice Mayor LoUiS R Jones, Reba S
McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Peter W
Schmidt, Ron A Villanueva and James L Wood
Counczl Members Votmg Nay
None
CounCil Members Absent
Jlm Reeve and Rosemary Wllson
November 25,2003
- 58-
Item V-K.13.
PLANNING
ITEM # 51931
Upon motzon by Vice Mayor Jones, seconded by Councllman Schmldt, Clty Councll ADOPTED an Ordmance
upon applzcatzon of CRAIG WYNE for a Condltzonal Use Permit
ORDINANCE UPON APPLICATION OF CRAIG WYNE FOR A
CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES R011031144
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordmance upon Applzcatzon of Craig Wyne for a Condltzonal Use Permit for
motor vehicle sales on property located on the north side of Virgima Beach
Boulevard, begznnzng at a poznt 50 feet east of Lavender Lane (GPIN
1477152473) DISTRICT 4 - BA YSIDE
The fa llowzng conditions shall be required
1 The sIte shall be developed m substantzal conformance wlth the
submitted exhibit "Auto Source ", prepared by PHRA Said plan
has been exhibited to the Virginia Beach City CounCil and IS on
file In the City of Virginia Beach Planning Department
2 The buzldmg shall be constructed zn substantzal conformance With
the submitted elevatzon titled "Proposed Auto Sales Buddlngfor
Car Source, Virginia Beach, Virginia" Said elevatzon has been
exhibited to the Vlrgmza Beach City Counczl and is on file m the
Clty of Vlrglnia Beach Planmng Department
3 The street frontage screemng, znterzor coverage landscapmg, and
foundatzon screenzng shall be zn conformance wzth the Slte Plan
Ordmance, Sectzon 5A The applzcant shall protect the eXistmg 42-
Inch oak tree dUring the construction process If the tree IS
damaged dUring construction or removed from the site the
applzcant shall replace the canopy cover With a minimum of
five (5) 2 Inch to 2-1/2 znch calzper trees as specified zn the City of
Virginia Beach Landscapzng GUIde for parkmg lots Category I
screening shall be znstalled along the perimeter of the szte on the
north, east and west property lmes
4 The site shall be permitted a monument style freestandzng Sign, no
more than elght (8) feet zn height, and two (2) bUildzng Signs, zn
accordance With the City Zomng Ordznance There shall be no other
Signs, neon Signs or neon accents znstalled on any wall area of the
exterzor of the buzldzng, wzndows or doors, lzght poles or any other
portzon of the slte
November 25, 2003
- 59-
Item V-K.13.
PLANNING ITEM # 51931 (Continued)
5 There shall be no pennants, streamers, balloons, portable signs or
banners displayed on the site or the vehlcles
6 The slte lS lzmlted to no more than twenty-one (21) vehlcles for
display or sale Vehicles shall be parked withm the deszgnated
areas, and no vehicles shall be parked or displayed withm any
portzon of the publzc right-ol-way No vehlcles shall be displayed on
ramps Vehicles shall not be used as barriers to prevent zngress or
egress of the slte Storage of vehlcles awaztmg sale shall not obstruct
Flre Department access to the slte
7 All automobzle detallzng shall be performed wlthm the bUlldmg
8 No outszde pagzng system shall be permitted
9 All outdoor lzghtzng shall be shielded to direct lzght and glare onto
the premises, sazd lzghtmg and glare shall be deflected, shaded and
focused away from adjOZning property Outdoor lzghtmg fixtures
shall not be erected any hlgher than fourteen (14) feet
ThiS Ordmance shall be effective zn accordance With Sectzon 107 (j) of the Zomng Ordmance
Adopted by the Council of the Clty ofVlrgzma Beach, Vlrginia, on the Twenty-fifth of November, Two Thousand
Three
V otmg
9-0 (By Consent)
Counczl Members Votmg Aye
Harry E Diezel, Margaret L Eure, Vice Mayor LoUls R Jones, Reba S
McClanan, Rlchard A Maddox, Mayor Meyera E Oberndorf, Peter W
Schmidt, Ron A Villanueva and James L Wood
Councll Members Votmg Nay
None
Council Members Absent
Jim Reeve and Rosemary Wilson
November 25,2003
- 60-
Item V-K.14
PLANNING
ITEM # 51932
The followmg reglstered zn SUPPORT:
Attorney R Edward Bourdon, Pembroke One Buzldzng, 5th Floor, Phone 499-8971, represented the applzcant
and their prmclpal, Stanley Tseng Attorney Bourdon distributed documents illustratzng reVlszons to the plan
The footprmt of the bUildmg lS now 33% of the total Slze of the lot whlch is a signzficant reductzon The front
of the bUlldmg lS 76feet backfrom the pavement along Shore Drive The buzldmg is now 32feet less m width
on the west slde, 6 feet on the east slde The base of the bUlldzng is set back 40 feet from the base of the large
oak tree and the smaller oak trees located along Dznwlddie Road Addltzonal brzck has been added and the
recreational area has been reduced Correspondence of May 7, 1999, from the Ocean Park ClVlC League is
hereby made a part of the record
Wade Ogg, represented Chesapeake House, 3558 Shore Drive #704, Phone 363-8442
Wllliam G Sykes, 3669Seagull Bluff, Phone 464-2015, Presldent - Ocean Park CiVIC League
The followmg reglstered zn OPPOSITION:
Todd Solomon, Shore Drive Community Coalztzon, 2260 Flrsst Landzng Lane, Phone, 496-5733
Jack Bryan, 4401 Blackbeard Road Phone 460-3520, represented the Baylake Pznes CiVlC League
DaVid Webster, 3736 DuPont Circle, Phone 464-0486
Upon motzon by Vlce Mayor Jones, seconded by Councllman Schmldt, Cuy Council ADOPTED an Ordznance
upon applzcation of FORT WORTH DEVELOPMENT, INC. for a CondItIonal Use Permlt re a multi-
family Condominium
ORDINANCE UPON APPLICATION OF FORT WORTH
DEVELOPMENT, INC. FORA CONDITIONAL USE PERMIT RE MULTI-
FAMILY CONDOMINIUM R011031145
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordznance upon appllcatzon of FORT WORTH DEVELOPMENT, INC.
for a Condltzonal Use Permlt re multl-famzly Condomlnium zn the B-4 Shore
Drive Corridor Overlay Dlstrict on the north slde of Shore Drive between
Dmwiddie Road and DuPont Clrcle (GPIN 1489590079) (Approved August
12, 2003) (Reconsldered and Deferred October 28, 2003)(DISTRICT 4 -
BAYSIDE)
The followmg condltzons shall be requlred
1 The development of the slte (zncludzng sUe layout, zngress/egress,
fence locatzon and materials, etc) shall substantlally conform to the
submltted plan entltled, H Conceptual Site Layout & Landscape
Plan of Dupont CIrcle Shore DrIve, VIrgInIa Beach, VA,"
prepared by MSA, PC, dated 2-3-03, whlch has been exhibited to
the Virgznza Beach Clty Councll and lS on file zn the Plannmg
Department
November 25, 2003
- 61 -
Item V-K.14
PLANNING ITEM # 51932 (Continued)
2 The buzldzng shall be constructed as deplcted on the renderzng
entitled, "Shore Drzve farade at Dupont Clrcle" prepared by
Howard A rchltectural Presentatlons, and the elevatlons
en tl tied, "Dupont Clrcle Condomlnlums pages A.2, and A 7, "
dated March 5, 2003, whlch have been exhibited to the Vlrgznza
Beach Clty Councll and are on file zn the Plannzng Department
3 The Landscape Plan to be submltted dUring final site plan reView
shall mimlC the plan ldentified above zn Conditzon 1 Anyaddztzonal
plantzng shall adhere to the Landscape Guzdelznes establzshed zn the
adopted Shore Drzve Corridor Plan, Appendlces Any trees
identified to be saved shall be adequately protected With chazn lznk
fenczng surroundzng the entlre tree at the drip lzne untzl constructzon
is complete In addltzon, a certified arborist shall be present at the
time of clearzng and shall perzodlcally mspect the Site to ensure the
health of the preserved trees
4 Identificatzon slgnage shall be monument style and shall adhere to
all applzcable Shore Drive Corrzdor DeSign GUidelznes
5 The applzcant shall work wzth the City staff to ldentify eXistzng trees
on the site that are elzgible for relocatzon from the Site The
applzcant shall cooperate With the Clty to allow the City to enter the
slte for the purpose of movzng ldentified trees from the szte to a Site
or sztes of the Clty'S chooszng
ThiS Ordznance shall be effective zn accordance wlth Sectzon 107 (j) of the ZOning Ordznance
Adopted by the Counczl of the City ofVirgznza Beach, Virgznza, on the Twenty-fifth of November, Two Thousand
Three
November 25,2003
- 62-
Item V-K.14
PLANNING ITEM # 51932 (Continued)
Votmg 7-2
Council Members Votmg Aye
Harry E Diezel, Margaret L Eure, Vice Mayor Louis R Jones, Richard A
Maddox, Peter W Schmidt, Ron A Villanueva and James L Wood
Council Members Votmg Nay
Mayor Meyera E Oberndorf and Reba S McClanan
Councll Members Absent
Jlm Reeve and Rosemary Wilson
November 25,2003
- 63-
Item V-K.14
PLANNING
ITEM # 51932a.
Councilman Schmidt advised the developer has agreed to have the ten (10) live oak trees on the site moved to
an appropriate locatzon before development commences The developer wlll voluntarily contribute $10,000
to the Shore Drive Tree Trust Fund (for general preservation of trees along Shore Drive).
ITEM # 51932b.
Councllman Vzllanueva requested the Shore Drive Community Coalition prZOritize open space needs
November 25,2003
- 64-
Item V-K.15.
PLANNING
ITEM # 51933
Upon motzon by Vice Mayor Jones, seconded by Councllman Schmidt, City Council DEFERRED to the City
conci[ Session of December 9,2003, Ordznances upon applzcatzon of BERKSHIRE-HUDSON CAPITAL, Xl,
LLc . for Changes of Zomng
ORDINANCE UPON APPLICATION OF BERKSHIRE-HUDSON CAPITAL,
XI, LLX FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
B-1 NEIGHBORHOOD BUSINESS DISTRICT, B-2 COMMUNITY
BUSINESS DISTRICT AND AG-2 AGRICULTURAL DISTRICT WITH
HISTORIC AND CULTURAL DISTRICT OVERLAYS TO
CONDITIONAL B-2
Ordmance upon Applicatzon of Berkshire-Hudson Capital, XI, LLX for a
Change of Zomng District Classlficatzon from B-1 Neighborhood Buszness
District, B-2 CommunIty Business DIstrict andAG-2 Agricultural DIstrict
WIth HIstoric and Cultural DIstrict Overlays to CondItIonal B-2
Community Busmess Distrzct wlth a HistOriC and Cultural Dlstrict Overlay on
property located east of the zntersectzon of Prmcess Anne Road and North
Landzng Road, begznnmg at a poznt approximately 410 feet north of Courthouse
Drive (GPIN 14949262400000,24040127070000,14949284550000, aportzon
of 24033828050000, and a portzon of24040232540000) The Comprehenslve
Plan recommends use of this property for approprzate growth opportUnities
conSistent With the economiC vltalzty polzcies of the City of Virgmia Beach
DISTRICT 7 - PRINCESS ANNE
AND,
ORDINANCE UPON APPLICATION OF BERKSHIRE-HUDSON CAPITAL
XL L L C FORA CHANGE OF ZONING DISTRICTCLASSIFICATION
FROM B-2 COMMUNITY BUSINESS DISTRICT WITH HISTORIC AND
CULTURAL DISTRICT o VERLA Y TO A G-2 AGRICULTURAL DISTRICT
WITH HISTORIC AND CULTURAL DISTRICT OVERLAY
Ordznance upon Applzcatzon of Berkshire-Hudson CapItal Xl, L.L C. for a
Change of ZonIng DIstrict ClassIficatIon from B-2 CommunIty BUSIness
DIstrict WIth HIstOriC and Cultural DIstrict Overlay to AG-2 Agricultural
District wlth Hlstoric and Cultural District Overlay on property located on the
east SIde ofPrmcess Anne Road, approximately 450 feet east of the mtersectzon
wzth Przncess Anne Road, and, on the east Side of Prmcess Anne Road,
approxlmately 850 feet north of Courthouse Drive (GPINS 2404012707,
2404023254) DISTRICT 7 - PRINCESS ANNE
November 25,2003
- 65 -
Item V-K.15.
PLANNING ITEM # 51933 (Continued)
V otmg 9-0 (By Consent)
Council Members Votmg Aye
Harry E Dlezel, Margaret L Eure, Vlce Mayor LoUis R Jones, Reba S
McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Peter W
Schmidt, Ron A Villanueva and James L Wood
Councll Members Votzng Nay
None
Councll Members Absent
Jim Reeve and Rosemary Wllson
November 25,2003
- 66-
Item V-K.16.
PLANNING
ITEM # 51934
Attorney R J Nutter, 222 Central Park Avenue, Phone 687-7500, represented the applzcant and adVised
wzth thiS applzcatzon, the number of vehlcle tripS per day lS reduced to two hundred twenty (220) The
appllcatzon entazls a major redevelopment of the property Photographs of the eXlstzng hotel were distributed
to City Council The polzce have been called to thiS property approximately 100 tzmes durmg the past year
The condommium Units Will sell for approximately $400,000 to $800,000 Attorney Nutter distributed letters
of support (Blrdneck Poznt ClVlC Assoclatzon, CavaZzer Yacht and Country Club and nine (9) separate property
owners Sald letters are hereby made a part of the record
The followmg regIstered zn OPPOSITION:
Captam Tom Keeley, Commandmg Officer - Naval Air Statzon Ocean a, Phone 433-3158, the appllcant's
property is located zn an aCCident potentzal zone, (APZ 2), and a high nozse zone (70 db) The applicatzon lzes
25 milesfrom the end of Runway 23 (one of the major runways at Oceana) and accountsfor 47% of
operatzons
Kimberly Johnson, Chazrman - CCAJN (Concerned Citizens Agaznst Jet Nozse), 4412 Reynolds Drzve, Phone
639-4968
Hal Levenson, 2004 Brickell Court, Phone 496-0745
Attorney Mike Nuckols, Faggert and Frieden, PC, representzng the Cove Pomt Condominium Assoczatzon,
222 Central Park Avenue, SUlte 1300, Phone 424-3232
Upon motzon by CounCilman Wood, seconded by CounCilman Schmidt, City CounCil ADOPTED an Ordznance
upon Applzcatzon of NEAR POST, L.L. c. for a Condltlonal Chanf!e of Zonlng
ORDINANCE UPON APPLICATION OF NEAR POST, L L C FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM H-1, B-2, B-1
AND R-40 TO CONDITIONAL A-36 Z011031164
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordznance upon AppZzcatzon of Near Post, L L C for a Change of ZOning
District Classificatzon from H-1 Hotel District, B-2 Buszness Distrzct, B-1
Busmess Distrzct and R-40 Residentzal District to Conditzonal A-36 Apartment
Dlstrict on property located at 1020 and 1040 Laskzn Road and a portzon of
Parcel A, Orzole Drive (GPINS 2418613236, 2418616228, 2418246584, and
a portzon of 2418517557) The ComprehenSive Plan recommends use of this
Site for retazl, service, office and other compatible uses servmg surroundzng
neighborhoods and COmmUnitles DISTRICT 5 - LYNNHA VEN
The followmg conditzon shall be reqUired
1 Agreement encompassmg proffers shall be recorded with the Clerk
of the CirCUit Court and is hereby made a part of the record
November 25,2003
- 67-
Item V-K.16.
PLANNING
ITEM # 51934 (Continued)
ThiS Ordmance shall be effective m accordance with Sectzon 107 (f) of the ZOning Ordmance
Adopted by the Council of the Clty ofVlrgmza Beach, Vlrglma, on the Twenty-fifth of November, Two Thousand
Three
Votmg 7-2
Council Members Votmg Aye
Harry E Diezel, Margaret L Eure, Vice Mayor LoUiS R Jones, Richard A
Maddox, Peter W Schmldt, Ron A Vlllanueva and James L Wood
Counczl Members Votmg Nay
Mayor Meyera E Oberndorf and Reba S McClanan
Council Members Absent
Jlm Reeve and Rosemary Wilson
November 25,2003
T--
FORM NO PSI B
Cit::v e>f Virgi:r1ia Beach
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No DF-5764
DATE' October 16,2003
TO:
Leslie L. Lilley '"
\'J
B. Kay Wilso~
DEPT: City Attorney
FROM:
DEPT: City Attorney
RE: Conditional ZonIng Application
Near Post, LLC, et als
The above-referenced conditIonal zonIng application is scheduled to be heard by the
City Council on October 28, 2003. I have reviewed the subject proffer agreement, dated
July 25, 2003, and have determined It to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questIons or wish to discuss this matter
further.
BKW
Enclosure
Document Prepared By'
Troutman Sanders LLP
222 Central Park Avenue
Suzte 2000
Vlrgznza Beach, VzrgInIa 23462
Phone' (757) 687-7500
FacsImile. (757) 687-7510
AGREEMENT
THIS AGREEMENT (the "Agreement") IS made thIS 25th day of July, 2003 by and
between NEAR POST, LLC, a VIrgInIa hnuted lIabIlIty company (hereInafter referred to as
"Grantor"), the contract purchaser of certaIn parcels of property generally located on the north
sIde of LaskIn Road, west of Onole Dnve In VIrgInIa Beach, VIrgInIa, whIch property IS more
fully descnbed on Exhibit A attached hereto (hereInafter the "Property"), INTERNATIONAL
INVESTORS, a VIrgInIa general partnershIp, BNE RESTAURANT GROUP II, L.L.C., a
Delaware hnuted lIabIhty company, and CAVALIER GOLF & YACHT CLUB, a VIrgInIa
corporatIon (hereInafter collectIvely referred to as "Grantor") and the CITY OF VIRGINIA
BEACH, a munICIpal corporatIon of the Commonwealth of VIrgInIa (hereInafter referred to as
"Grantee")
WIT N E SSE T H:
WHEREAS, the Grantor has InItiated an amendment to the ZonIng Map of the CIty of
VIrgInIa Beach, VIrgInIa, by petItion addressed to the Grantee, so as to change the claSSIfIcatIon
from HI, BI, B2 and R40 to A-36 CondItional on the Property; and
WHEREAS, the Grantee's pohcy IS to prOVIde only for the orderly development of land
for vanous purposes, IncludIng nuxed use purposes, through zonIng and other land development
legIslatIon, and
GPIN NOS.:2418-61-3236-0000
2418-61-6228-0000
2418-24-6584-0000
2418-51-7557-0000
WHEREAS, the Grantor acknowledges that the competlng and sometlmes IncompatIble
uses confhct, and that In order to penmt dIffenng uses on and In the area of the subject Property
and at the same time to recognIze the effects of the change and the need for vanous types of uses,
certaIn reasonable condItIons governIng the use of the Property for the protection of the
communIty that are not generally applIcable to land sIrmlarly zoned A-36 are needed to cope wIth
the sItuatIon to WhIch the Grantor's rezonIng applIcatIon gIves nse, and
WHEREAS, the Grantor has voluntanly proffered In writing In advance of and pnor to
the publIc heanng before the Grantee, as part of the proposed condItional amendment to the
ZonIng Map, In addItion to the regulatlons prOVIded for In the eXIstIng A-36 zonIng dIstnct by
the eXIstIng CIty'S ZonIng OrdInance (CZO), the followIng reasonable condItIons related to the
phYSIcal development, operation and use of the Property to be adopted as a part of said
amendment to the new ZonIng Map relatIve to the Property, all of WhICh have a reasonable
relation to the rezonIng and the need for whIch IS generated by the rezonIng; and
WHEREAS, saId condItIons haVIng been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the ZonIng OrdInance, such condItIons shall
continue In full force and effect untIl a subsequent amendment changes the zonIng on the
Property covered by such condItlons; prOVIded, however, that such condItions shall conttnue
despIte a subsequent amendment If the subsequent amendment IS part of the comprehensIve
Implementatlon of a new or substantIally reVIsed zonIng ordInance, unless, notWIthstandIng the
foregOIng, these condItlons are amended or vaned by wntten Instrument recorded In the Clerk's
OffIce of the CIrCUIt Court of the CIty of VIrgInIa Beach, VirgInIa and executed by the record
owner of the subject Property at the time of recordatIon of such Instrument; prOVIded, further,
that said Instrument IS consented to by the Grantee In wntlng as eVIdenced by a certIfIed copy of
ordInance or resolutIon adopted by the governIng body of the Grantee, after a publIc heanng
before the Grantee advertIsed pursuant to the provISIons of the Code of VugInIa, Sectlon 15.2-
2204, whIch saId ordInance or resolution shall be recorded along WIth saId Instrument as
conclUSIve eVIdence of such consent
2
NOW THEREFORE, the Grantor, for Itself, Its successors, assIgns, grantees, and other
successors In title or Interest, voluntanly and wIthout any requIrement by or exaction from the
Grantee or ItS governIng body and wIthout any element of compulsIon of qUId pro quo for
zonIng, rezonIng, sIte plan, bUIldIng permIt or subdIVIsIon approval, hereby make the followIng
declaratIon of condItions and restnctIons whIch shall restnct and govern the phYSIcal
development, operatIon and use of the Property and hereby covenant and agree that these proffers
(collectively, the "Proffers") shall constItute covenants runnIng WIth the saId Property, whIch
shall be bIndIng upon the Property and upon all partIes and persons claInung under or through
the Grantor, It'S heIrs, personal representatIves, assIgns, grantees and other successors In Interest
or title, namely:
1. The Property shall be developed and landscaped substantlally as shown on the
exhIbIt entItled "Conceptual SIte Layout and Landscape Plan of The PInes at
BIrdneck" prepared by MSA, P C. and dated 7/24/03 (hereInafter the "Site Plan").
2. The total number of dwellIng unIts on the Property shall not exceed nInety (90)
3. Access to the Property shall be provIded from LaskIn Road and Onole Dnve and
no vehIcular access shall be provIded to the Property from Tanager TraIl.
4. When developed, the eXIstIng three curb cuts located on LaskIn Road shall be
closed and the only access to the Property from Lasktn Road shall be restncted to
one location as shown on the SIte Plan.
5. The archItectural deSIgn and extenor bUIldIng matenals utIhzed on the dwelhng
unIts shall be substantIally as shown on the exhIbIt entItled. "The PInes at
BIrdneck" prepared by Sampson and AssocIates, P C. and dated July 24, 2003.
6. The recreatIonal faCIlIty shown on the SIte Plan shall be constructed WIth the same
archItectural style and buddIng matenals as the pnmary structures on Property.
3
7 An archItectural fence shall be constructed along portlons of the pen meter of the
Property as depIcted on the SIte Plan. The desIgn, matenals and heIght of the
fence shall be depIcted as shown on the exhIbIt entltled: "ArchItectural Fence
DetaIl" prepared by Sampson and ASSocIates, P.C and dated July 24, 2003.
8 An enclosed one or two car garage shall be provIded for each dwellIng unIt.
9. The Grantor shall dedIcate a twenty foot publIc UtllIty easement for maIntenance
and repair of the fIve Inch water lIne located at the southern edge of the Tanager
TraIl cul-de-sac, and along the northern boundary of the Property, or shall relocate
the water hne subject to the approval of the Department of PublIc UtllItles.
10 The Grantor agrees to Insert In the Sales Contracts between Grantor and the
Purchasers of the unIts WIthIn the PInes at Budneck the followIng notIces'
(a) The Property IS located WIthIn the 70 to 75 Db Ldn NOIse Zone and the
AIrcraft ACCIdent Potentlal Zone (APZ) IT for the NAS Oceana AIr Base
Dunng flIght tnals, there IS the potentIal for dIrect overflIes of the Property;
(b) The precedIng facts are subject to change and potential buyers are urged to
contact the CommunIty PlannIng LIaiSOn OffIcer at NAS Oceana.
Further condItIons mandated by applIcable development ordInances may be requIred by
the Grantee dunng detaIled SIte Plan and/or subdIVIsIon reVIew and adnunIstratIon of appbcable
CIty Codes by all cognIzant CIty agenCIes and departments to meet all applIcable CIty Code
requuements
All references hereInabove to zonIng dIstncts and to regulations applicable thereto, refer
to the CIty ZonIng OrdInance of the CIty of VIrgInIa Beach, VIrgInIa, In force as of the date the
condItIonal zonIng amendment IS approved by the Grantee.
4
The Grantor covenant and agree that (1) the ZonIng AdInlnIstrator of the CIty of VIrgInIa
Beach, VIrgInIa shall be vested wIth all necessary authonty on behalf of the governIng body of
the CIty of VIrgInIa Beach, VIrgInIa to adInlnIster and enforce the foregoIng condItIons,
IncludIng (1) the ordenng In wntIng of the remedYIng of any noncompliance wIth such
condItiOns, and (11) the bnngIng of legal action or SUIt to ensure complIance with such condItIons,
includIng mandatory or prohibItory InJunctIon, abatement, damages or other appropnate actIon,
SUIt or proceedIngs, (2) the faIlure to meet all condItions shall constItute cause to deny the
Issuance of any of the requIred bUIldIng or occupancy permits as may be appropnate; (3) If
aggneved by any decIsIon of the ZonIng AdInlnIstrator made pursuant to the provIsIons of the
CIty Code, the CZO or thIS Agreement, the Grantor shall petitIon the governIng body for the
reVIew thereof pnor to InStItutIng proceedIngs In court; and (4) the ZonIng Map shall show by an
appropnate symbol on the map the eXIstence of condItIons attachIng to the zonIng of the subject
Property on the map and that the ordInance and the condItions may be made readily avaIlable and
accessIble for publIc InspectIon In the offIce of the ZonIng AdmInIstrator and In the PlannIng
Department and that they shall be recorded In the Clerk's OffIce of the CIrCUIt Court of the CIty
of VIrgInIa Beach, VIrgInIa and Indexed In the name of the Grantor and Grantee.
[Remainder of Page Intentionally Left Blank]
5
Signature Page of
N ear Post, LLC
To Proffer Agreement
Dated-3'-t.."'j~Xg 25, 2003
NEAR POST, LLC
A Virginia limited liabihty company
By
----~~
JackC W~ ~
Managing Member
C0:MI\.10NWEAL TH OF VIRGINIA
CITY OF dfjtitttu hac'/' , to-Wit
The foregoing instrument was acknowledged before me this ~ day of ~I v~ ,
2003, by John C White, personally known to me to be the Managing Member of ear fr'ost, LLC,
a Virginia lumted liability company, on behalf of the Company
VlJ&A aJeC1-- ?~ ~{~
L/h Notary Public /
My Commission Expires / I' jfJIAd d~ dLXJ/1
6
Signature Page of
International Investors
To Proffer A~reeme!1t
Dated S U 1-1 x ~ , 2003
*25th
INTERNATIONAL INVESTORS
A Virginia general partnership
~~~ &?i
" /~/" ~
~ ,-;/", c...~~.? /
u{\ '/1) r: 1'+ PP.,,;'7f!i/lf General Partner
STATE OF 0A~t:V
CITY/COUNTY OF litcWx/. ~~ of, to-WIt
:/
The foregoing instrument was acknowledged before me this ,;?trday of ~ "J.-
~003, by LL-vL/7::J I. 7/i/lA I/r-- , personally known to me to e the (/
U11 e./'lL-1 f1L rl A) e,/ of International Investors, a VIrginia general partnership, on behalf of the
Partnership
My Comnussion Expires
VJ Jaud/tL~~~
~ Notary Public
Vl/l cA d/, c2DLJ4
I
7
Signature Page of
BNE Restaurant Group, II, LLC
To Proffer Agreement
Dated Tuly 2S ,2003
BNE RESTAURANT GROUP, II, L.L C
A Delaware lImIted lIabIlIty company
By BNE Restaurant Corp,
A Delaware corporatIon,
ManagIng Member
B~~
Name: M;ke: ~^C: g._lc
TItle: -;-:)
V \ c c: ,~C'"~...R. - I
STATE OF /)t iL tli!J~
ClfiICOUNTY OF ~ ' to-wit
The fOffgomg mst m t was aclwowledged before me tln~ day of ~~
2 03, by ~ , personally known to me to be tha -/
of BNE Restaurant Corp, a Delaware corporatIon, Managing Member of BNE
Restaurant Group II, LLC, a Delaware lImited lIabIlIty company, on behalf of the Company
~~Q9
My ComrrnssIon ExpIres:
/ -'S -O~
lfM'{ V. POPE
Mohr) P~ahc _
. , ...f. r n~"n~11 N r I
"~g~~J, I.ll '.I_\..I t,. ....
f __I
K 8
Signature Page of
Cavalier Golf & Yacht Club
To Proffer Agreement
Dated 2 51!. :)"'-1 ' 2003
CA V ALIER GOLF & YACHT CLUB
A Virginia corporation
By ~~
e .::JO IrN ..s -. M ( &.-4 =-;;.'" ..a
Title Pr~~:ld@nt c 00
COMMONWEALTH OF VIRGINIA
CITY OF ~ ~UL f3u.w~ , to-wit"
The foregoing Instrument was acknowledged before me this QZ.5day Of~ 1-
2003, by ~Oh" 0 /h, J/eS6~ , personally known to me to be the resident of
Cavalier Golf & Yacht Club, a Virginia corporation, on behalf of the Corporation
YhIJ. J1(~~~ 1--~~
Notary Pubhc /
My ComnussIon Expires ~{J./u:.1, '81/ :;J.DO.Af
9
EXHIBIT A
Parcell:
(GPIN No 2418-61-3236-0000)
Parcel One: ALL THAT certaIn lot, pIece or parcel of land wIth the bUIldIngs and Improvements
thereon, sItuate In the CIty of VIrgInIa Beach, VIrgInIa, and more partIcularly known, numbered
and desIgnated as SIte 14, as shown on the plat entltled "CLUB SECTION, BIRDNECK POINT"
whIch said plat IS duly recorded In the Clerk's OffIce of the CIrcuIt Court of the City of VIrgInIa
Beach, VIrgInIa In Map Book 7, Page 2, at Page 192
Parcel Two' ALL THOSE certain lots, pIeces or parcels of land wIth the buIldIngs and
Improvements thereon, SItuate, lYIng and beIng In the CIty of VIrgInIa Beach, VugInIa and beIng
known, numbered and desIgnated as SItes 12 and 13, "CLUB SECTION, BIRDNECK POINT,"
made by John M. BaldwIn, C.E , and recorded In the Clerk's OffIce of the CIrcuIt Court of the
CIty of VIrgInIa Beach, VIrgInIa In Map Book 7, Part 2, at Page 192
TOGETHER WITH that certaIn tract of land lYIng between SItes 12 and 13, "CLUB SECTION
AND LASKIN BOULEVARD," and more partIcularly bounded and descnbed as follows, to-WIt.
BEGINNING at a pOInt whIch IS the northwest comer of SIte 12 of "CLUB
SECTION, BIRDNECK POINT" and In the southern hne of Tanager TraIl, as
shown on the plat of "CLUB SECTION, BIRDNECK POINT" and from saId
pOInt of begInnIng runnIng along the southern hne of Tanager TraIl In an easterly
dIrectlon along the arc of a CIrcle the radIUS of WhICh IS 1,686.4 feet a dIstance of
200 feet to a pIn In the dIVIdIng hne of SItes 12 and 13 on the plat of "CLUB
SECTION, BIRDNECK POINT;" thence contlnUIng In an easterly duectlon along
the southern hne of Tanager TraIl as shown on the plat "CLUB SECTION,
BIRDNECK POINT" and along a curve the radIUS of whIch IS 1,686 4 feet a
dIstance of 200 feet to a pIn In the northeast comer of SIte 13, plat of "CLUB
SECTION, BIRDNECK POINT" thence turnIng and runnIng S 30 degrees 15'
30" E along the eastern hne of saId SIte 13 a dIstance of 150 feet to a pIn, thence
runnIng S. 30 degrees 50' 30" E. a dIstance of 165 feet to the northern hne of
LaskIn Boulevard; thence turnIng and running westerly along a curve, the radIUS
of whIch IS 1,371.4 feet a dIstance of 325 28 feet along the northern hne of LaskIn
Boulevard to a pIn, thence turnIng and runnIng N 44 degrees 34' 39" W. a
dIstance of 165 feet to a pIn the southwest comer of SIte 12, plat of "CLUB
SECTION, BIRDNECK POINT," thence runnIng along the western hne of SIte
12 a dIstance of 150 feet to the pOInt of begInnIng
LESS SA VE AND EXCEPT that portIon of the property conveyed to the Commonwealth of
VIrgInIa adjacent to LaskIn Boulevard conSISting of approxImately 33 acres, more of less, by
deed duly recorded In the aforesaId Clerk's OffIce In Deed Book 305, at Page 441, and more
partIcularly shown In Highway Plat Book 1, at Page 446
10
IT BEING the same property conveyed to International Investors, a VIrgInIa general partnershIp,
by Deed of General Warranty from Clark Enterpnses, a VIrgInIa general partnershIp, a successor,
by merger to BIrdsong & Clark, a VIrgInIa general partnershIp, dated February 11, 1984 and
recorded In the aforesaId Clerk's OffIce In Deed Book 2324, at Page 397
TOGETHER WITH that portIon of a closed street and cul-de-sac, formerly known as Tanager
TraIl, whIch IS 30' wide and abuts the northern boundary of Lots 12, 13 and 14 (otherwIse known
as The SeashIre Inn, 1040 LaskIn Road), together wIth any portIon of saId Tanager Trail
extendIng to the southern boundary of Onole Dn ve, reference beIng made to a certaIn plat
entitled "MAP OF BIRDNECK POINT, CLUB SECTION," property of BIrdneck Realty
Corporatlon dated June 1926, In the Clerk's Office of the CIrcuIt Court VIrgInIa Beach, VIrgInIa
In Map Book 7, Part 2, at Page 192
LESS SAVE AND EXCEPT that portIon of the property conveyed to the CavalIer Golf & Yacht
Club, a VIrgInIa corporation, ConSISting of approXImately 0041 acres, more of less, by Deed of
Exchange duly recorded In the aforesaId Clerk's OffIce as Instrument No 200303040833046
TOGETHER WITH that portIon of the property conveyed to International Investors, a VIrgInIa
general partnershIp, from the CavalIer Golf & Yacht Club, a VIrgInIa corporation, conSIstIng of
approXImately 0.041 acres, more of less, by Deed of Exchange duly recorded In the aforesaId
Clerk's OffIce as Instrument No 200303040833046
Parcel 2:
(GPIN No. 2418-61-6228-0000)
ALL THAT certaIn lot, pIece or parcel of land WIth the buildIngs and Improvements thereon,
SItuate, lYIng and beIng In the CIty of VIrgInIa Beach, VIrgInIa, and beIng known, numbered and
desIgnated as Parcel B-I-A, as shown on that certaIn plat entitled, "RESUBDIVISION OF
PARCEL A, PARCEL B-1, LOT 15, AND LOT 16, AS SHOWN ON PLAT ENTITLED
'SUBDIVISION OF PARCEL 'B' PROPERTY OF PAUL W. ACKISS AND FRANK W
HANCOCK, JR AND PARCEL 5 AS SHOWN ON BOUNDARY SURVEY FOR CAVALIER
BIRDNECK LAND CORPORATION" dated December 6, 1999 and made by Horton & Dodd,
P.C., Surveyors-EngIneers-Planners, Chesapeake, VIrgInIa and duly recorded In the Clerk's
OffIce of the CIrcuIt Court of the CIty of VIrgInIa Beach, VIrgInIa In Map Book 283, at page 15
IT BEING a part of the same property conveyed to BNE Restaurant Group Two, L.L C., a
Delaware luruted lIabIlIty company by SpeCIal Warranty Deed from BoddIe-Noell Enterpnses,
Inc., a North CarolIna corporation, dated March 25, 1997 and recorded In the aforesaId Clerk's
OffIce In Deed Book 3727, at page 1178
11
Parcel 3:
(Part of GPIN No. 2418-24-6584-0000; 2418-51-7557-0000)
ALL THAT certaIn pIece or parcel of land sItuate, lYIng and beIng In the CIty of VIrgInIa Beach,
VIrgInIa, and beIng more partIcularly descnbed as follows'
BEGINNING at an tron pIn located In the northeastern most comer of the property
now or formerly owned by BNE RESTAURANT GROUP IT, L.L.C., a Delaware
lIffilted lIabIlIty company, and shown and descnbed as "Parcel B-I-A" on that
certain plat titled "RESUBDIVISION OF PARCEL A, PARCEL B-1, LOT 15,
AND LOT 16, AS SHOWN ON PLAT ENTITLED "SUBDIVISION OF
PARCEL 'B' PROPERTY OF PAUL C ACKlSS & FRANK W. HANCOCK, Jr.
AND PARCEL 5 AS SHOWN ON BOUNDARY SURVEY FOR CAVALIER
BIRDNECK LAND CORPORATION" dated December 6,1999, made by Horton
& Dodd, P.C., and recorded In the Clerk's OffIce of the CIrCUIt Court of the City
of VIrgInIa Beach, VIrgInIa In Map Book 283, at page 16 (the "POInt of
BegInnIng"); thence N 65058'36" W, a dIstance of 108 64 feet to a pOInt, thence
N 25059'20" W, a dIstance of 82.98 feet to a pOInt; thence N 76028' 13" E a
dIstance of 101.86 feet to a pOInt; thence N 13005'43"E a dIstance of 187.12 feet
to a pOInt; thence S 76054' 17"E, 170.40 feet to a pOInt; thence along a curve to
the nght, haVIng a radIUS of 84.26', a dIstance of 100 92 feet to a pOInt; thence S
08016'56"E, a dIstance of 10162 feet to a pOInt; thence S75040'15"W, a dIstance
of 36 14 feet to a pOInt; thence along a curve to the left haVIng a radIUS of
1536.65', a dIstance of 206 70 feet to a pOInt, thence N22055' 40"W, a dIstance of
50.00 feet, to the POInt of BegInnIng
IT BEING a portion of the that certaIn pIece of land, lYIng, sItuate and beIng In the CIty of
VIrgInIa Beach, VIrgInIa and beIng known, numbered and deSIgnated as a portIon of
"RESUBDIVISION OF PARCEL A, PARCEL "B-1, LOT 15, AND LOT 16 AS SHOWN ON
PLAT ENTITLED "SUBDIVISION OF PARCEL "B" PROPERTY OF PAUL W. ACKlSS &
FRANK W HANCOCK, JR., AND PARCEL 5 AS SHOWN ON THE BOUNDARY SURVEY
FOR CAVALIER-BIRDNECK LAND CORPORATION", dated December 6, 1999 made by
Horton & Dodd, P.C., and duly recorded In the Clerk's OffIce of the CIrCUIt Court of the CIty of
VIrgInIa Beach, VIrgInIa In Map Book 283, at page 16.
239367 5
12
Parcel 3:
(Part of GPIN No. 2418-24-6584-0000; 2418-51-7557-0000)
ALL THAT certaIn pIece or parcel of land sItuate, lYIng and beIng In the CIty of VIrgInIa Beach,
VIrgInIa, and beIng more partIcularly descnbed as follows
BEGINNING at an Iron pIn located In the northeastemmost comer of the property
now or formerly owned by BNE RESTAURANT GROUP IT, L L C., a Delaware
lIrruted lIabIlIty company, and shown and descnbed as "Parcel B-I-A" on that
certaIn plat titled "RESUBDIVISION OF PARCEL A, PARCEL B-1, LOT 15,
AND LOT 16, AS SHOWN ON PLAT ENTITLED "SUBDIVISION OF
PARCEL 'B' PROPERTY OF PAUL C ACKISS & FRANK W. HANCOCK, Jr
AND PARCEL 5 AS SHOWN ON BOUNDARY SURVEY FOR CAVALIER
BIRDNECK LAND CORPORATION" dated December 6, 1999, made by Horton
& Dodd, P C., and recorded In the Clerk's OffIce of the CIrcuIt Court of the CIty
of VIrgInIa Beach, VIrgInIa In Map Book 283, at page 16 (the "POInt of
BegInnIng"), thence N 65058'36" W, a dIstance of 108.64 feet to a pOInt, thence
N 25059'20" W, a dIstance of 82 98 feet to a pOInt, thence N 76028' 13" E a
dIstance of 101 86 feet to a pOInt; thence N 13005'43"E a dIstance of 187 12 feet
to a pOInt; thence S 76054' 17"E, 17040 feet to a pOInt, thence along a curve to
the nght, haVIng a radIUS of 84.26', a dIstance of 10092 feet to a pOInt, thence S
08016'56"E, a dIstance of 101 62 feet to a pOInt, thence S75040' 15"W, a dIstance
of 36.14 feet to a pOInt; thence along a curve to the left haVIng a radIUS of
1536.65', a dIstance of 206 70 feet to a pOInt, thence N22055' 40"W, a dIstance of
50 00 feet, to the POInt of BegInnIng
IT BEING a portIon of the that certaIn pIece of land, lYIng, SItuate and beIng In the CIty of
VugInIa Beach, VIrgInIa and beIng known, numbered and deSIgnated as a portIon of
"RESUBDIVISION OF PARCEL A, PARCEL "B-1, LOT 15, AND LOT 16 AS SHOWN ON
PLAT ENTITLED "SUBDIVISION OF PARCEL "B" PROPERTY OF PAUL W ACKlSS &
FRANK W HANCOCK, JR , AND PARCEL 5 AS SHOWN ON THE BOUNDARY SURVEY
FOR CA V ALIER-BIRDNECK LAND CORPORATION", dated December 6, 1999 made by
Horton & Dodd, P.C., and duly recorded In the Clerk's OffIce of the CIrcuIt Court of the CIty of
VugInIa Beach, VIrgInIa In Map Book 283, at page 16
239367 5
12
- 68-
Item V-K.16.
PLANNING
ITEM # 51934a.
Counczlman Villanueva requested the applzcatzons zn the Transltzon Area be DEFERRED untzl the BRAe
(Base Realignnment and Closure Commission) guidelines are received.
ITEM # 51934b
Councllman Villanueva also znqUlred relatlve the status of the Joint Land Use Study The City Manager
advised discusszon has begun with the Navy relative this study The City Manager advised withzn the next few
weeks an agreement to move forward wlth thls Study wlll be scheduled for a Clty Counczl Sesszon
November 25,2003
- 69-
Item V-K.I7.
PLANNING
ITEM # 51935
Upon motzon by Vice Mayor Jones, seconded by Councllman Schmldt, Clty Counczl ADOPTED an Ordznance
upon applzcatzon of the CITY OF VIRGINIA BEA CH for a Change ofZonlng as a Condition of the Sale.
ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5D
RESIDENTIAL DUPLEX DISTRICT TO P-1 PRESERVATION DISTRICT
Z011031165
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordmance upon Applzcatzon of the Clty of Vlrgmia Beach for a Chanfle of
Zonmfl District Classlficatzonfrom R-5D Resldentzal Duplex District to P-1
Preservatzon Dlstrict on property located on the north and south sldes of
Shell Road, approxlmately 200 feet east of Downs Lane (GPIN 1469327063,
1469513556) The Comprehenslve Plan recommends use ofthls property for
residentzal uses above 3 5 dwellmg Units per acre DISTRICT 4 - BA YSIDE
V otmg
9-0 (By Consent)
Counczl Members Votmg Aye
Harry E Diezel, Margaret L Eure, Vlce Mayor LOUiS R Jones, Reba S
McClanan, Rlchard A Maddox, Mayor Meyera E Oberndorf, Peter W
Schmidt, Ron A Villanueva and James L Wood
Council Members Votzng Nay
None
Council Members Absent
Jim Reeve and Rosemary Wzlson
November 25, 2003
Item V-L.
APPOINTMENTS
- 70-
ITEM # 51936
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
MINORITY BUSINESS COUNCIL
TIDEWATER REGIONAL GROUP HOME COMMISSION
TOWING ADVISORY BOARD
November 25,2003
Item V-N.1.
NEW BUSINESS
BY CONSENSUS, City Clerk to Record
- 71 -
ITEM # 51937
ABSTRACT OF CIVIL CASES RESOLVED - October 2003
November 25,2003
- 72-
Item V-N.2.
NEW BUSINESS
ITEM # 51938
BY CONSENSUS, Clty Clerk to Record
ABSTRACT OF VOTES FROM THE GENERAL ELECTION NOVEMBER 4, 2003
November 25,2003
- 73-
Item V-D.
ADJOURNMENT
ITEM # 51939
Mayor Meyera E Oberndorf DECLARED the City Counczl Meetzng ADJOURNED at 8 12 P M
a~__fL~_!!~_------
Beverly 0 Hooks, CMC
Chief Deputy Clty Clerk
~~~
Ruth Hodges Smlth, MMCA
Clty Clerk
Meyera E Oberndorf
Mayor
City of Virgmia Beach
Virginia
November 25,2003
- 73 -
Item V-O.
ADJOURNMENT ITEM#51939
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:12 P.M.
Beverly 'ooks, CMC
Chief Deputy City Clerk
uth Hodges Smith, MMCA Meyera a E Obendoff
City Clerk Mayor
City of Virginia Beach
Virginia
November25, 2003