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Home My WebLink AboutFEBRUARY 22, 2005 MINUTES CITY OF VIRGINIA BEACH ACOMMUNITY FOR A LIFETIME@ MAYORMEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZEL Kempsville - District 2 ROBERT M. DYER, Centerville - District I REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W SCHMIDT, At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL CITY COUNCIL AGENDA CITY HALL BUiLDING 2401 COURTHOUSE DRIVE VIRGINiA BEACH, ViRGiNIA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E-MAIL: Clycncl@vbgov.com CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE 1. ULLEY CiTY CLERK - RUTH HODGES SMITH, MMC 22 FEBRUARY 2005 I. CITY MANAGER'S BRIEFINGS - Conference Room - 1 :30 PM 1. BUILDING A "FIRST CLASS RESORT" David C. Sullivan, Chieflnformation Officer 2. SURRY REGULATIONS Michael Eason, Resort Services Coordinator - Convention and Visitor's Bureau 3. POLICE FIRING RANGE Deputy Chief Gregory G. Mullen - Police Department 4. REAL ESTATE ASSESSOR - ANNUAL REPORT Jerald D. Banagan, Real Estate Assessor II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room - 4:00PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION 6:00PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Rick Hocker Freedom Fellowship C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS February 8, 2005 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. EXCESS CITY-OWNED PROPERTY at 2220 WEST BERRIE CIRCLE I. CONSENT AGENDA J. ORDINANCES 1. Ordinance to AMEND the City's Open Air Cafe regulations to establish guidelines and allow sidewalk cafes between 15th and 24th Streets on Atlantic Avenue. (Deferred February 8, 2005) 2. Ordinance to DECLARE as EXCESS PROPERTY a twenty-five foot (25') wide strip of land adjacent to 2220 West Berrie Circle and AUTHORIZE the City Manager to execute an Agreement of Sale to AOS Properties, LLC. 3. Ordinances to ACCEPT Grants and APPROPRIATE the funds as follows: a. $753,629 from the Department of Criminal Justice Services Law Enforcement Terrorism Prevention Program (LETPP) to the FY 2004-05 Operating Budgets of the Police and Sheriffs Department re equipment and technology b. $35,000 from the Federal Emergency Management Agency (FEMA) to the FY 2004-05 Fire Department Operating Budget re funding the Citizen Corps Council (CERT) c. $15,000 from the Virginia Foundation for the Humanities to the FY 2004-05 Library Department Operating Budget re the study of African-American Genealogy in Virginia d. $9,180 (the second ofthree grants) from the Norfolk Foundation, to the FY 2004-05 Library Department Operating Budget re access to online databases 4. Ordinance to AUTHORIZE the City Manager to execute an AMENDED Cost Participation Agreement with KGS Construction Company re road improvements along Stumpy Lake Lane and Archdale Drive. 5. Ordinances to AUTHORIZE temporary encroachments into the City's right-of-way for: a. FRED C. MCKINNEY at Cullen Road re water, sewer, stormwater pipe and driveway (DISTRICT 4 - BA YSIDE) b. WINIFRED J. and MICHAEL D. MARQUART at 1100 Wythe Lane re pavers, stone call box, electrical conduit, columns and fencing (DISTRICT 5 - L YNNHA YEN) 6. Ordinance to AUTHORIZE acquisition of property in fee simple for easements by agreement or condemnation re right-of-way for Shipps Corner Road Bridge replacement K. PLANNING 1. Variance to ~4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for CARLTON E. and LAURA R. SEAYat 1301 Harris Road. (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION: APPROV AL 2. Application of FIVE DOG NIGHT, L.L.C. for a Conditional Use Permit re a commercial kennel at 2901 Shipps Corner Road. (DISTRICT 6 - BEACH) RECOMMENDATION: APPROVAL 3. Application of KENNETH A. HALL FAMILY PARTNERSHIP for a Conditional Use Permit re motor vehicle sales and service at 4372 Holland Road. (DISTRICT 3 - ROSE HALL) RECOMMENDATION: APPROVAL 4. Application of GEORGE B. and EDNA F. P AULMINO for a Conditional Use Permit re housing for seniors and disabled persons at 1236 Kempsville Road. (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROV AL 5. Application of SBA COMMUNICATIONS, INC. for a Conditional Use Permit re communication tower at 2165 Pungo Ferry Road. (DISTRICT 7 - PRINCESS ANNE) DEFERRED INDEFINITELY REFERRED TO PLANNING COMMISSION STAFF RECOMMENDATION: PLANNING COMMISSION RECOMMENDATION: MAY 28,2001 and AUGUST 28, 2001 NOVEMBER 9, 2004 DENIAL APPROVAL 6. Application of REED ENTERPRISES, INC. at Dam Neck and Holland Roads: (DISTRICT 7 - PRINCESS ANNE) a. Change ofZoninf! District Classification from AG-2 Agricultural District to Conditional B-2 Community Business District b. Conditional Use Permit re an automobile repair establishment RECOMMENDATION: APPROVAL 7. Application of AEG PROPERTIES, L.L.c. at London Bridge and Harpers Roads: (DISTRICT 7 - PRINCESS ANNE) a. Change of Zoning District Classification from AGl and AG-2 Agricultural Districts and R- 20 Residential District to Conditional 1-1 Light industrial District b. Conditional Use Permit re bulk storage of boats and RV's STAFF RECOMMENDATION: PLANNING COMMISSION RECOMMENDATION: APPROVE REZONING/DENY CUP APPROV AL 8. Application of ATLANTIC ENTERPRISES, INC. for the discontinuance, closure and abandonment of a portion of 29 ~ Street at Pacific Avenue. (DISTRICT 6 - BEACH) RECOMMENDATION: APPROV AL 9. Application of THE T AYLOR GROUP, L.L.L.P., Claude B. Brown, Betty B. and R. Edward Bourdon, Jr. for the discontinuance, closure and abandonment of a portion of Old London Bridge Road at Harpers and London Bridge Roads. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROVAL L. APPOINTMENTS Community Policy and Management Team - CSA At Risk Development Authority Francis Land House Board of Governors Health Services Advisory Board Investment Partnership Advisory Committee Minority Business Council Parks and Recreation Commission Towing Advisory Board M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 *********** Agenda 2/22/05st www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 22 February 2005 Mayor Meyera E. Oberndorf called to order the City Manager's Briefing re BUILDING A "FIRST CLASS RESORT", in the Council Conference Room, City Hall, on Tuesday, February 22,2005, at 1:30 PM. Council Members Present: Robert M, Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. OberndorJ, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Harry E. Diezel [Out of the City - previous commitment] - 2- CITY MANA GER 'S BRIEFING BUILDING A "FIRST CLASS RESORT" ITEM # 53595 1:30 P.M. The City Manager referenced the City Council has established a vision and gives clear direction, not just for a "First Class Resort", but for the entire City, City Council requested re the City's financial and debt capacity, that over the next four (4) weeks, through a series of discussions, the staff shall show how decisions lead to that greater vision. The information presented is inter-related. Achieving the Vision.. Decision by Decision February 22, 2005 Discuss the overall City vision and the "First Class Resort. " March 1,2005 Bus Rapid Transit (BRT) Vehicle display March 4, 2005 City Council Mid-year Workshop March 8, 2005 The Old Beach District Center Plan and the major steps needed to develop and implement the Plan March 15, 2005 The Resort Area Mobility Plan (RAMP) includes Bus Rapid Transit (BRT) and 30th and 31" Streets March 22, 2005 Review of financial and debt capacity and financing alternatives March 29, 2005 City Council is presented the Biennium Operating Budget and Capital Improvement Program Since 1991, the City's direction has focused infour (4) areas: Quality, Economic Vitality, Education and Strategic Choices. Examples of Achieving the Vision Synergy and energy in the Central Business District with success of Town Center and properties throughout a much bigger area Creation of Princess Anne Commons Redevelopment of the Resort Area with new quality hotels, businesses and homes Moving toward fundamental changes in the Resort Area with development of a true "First Class Resort". There are five (5) new hotels under construction in the Resort area. Success is being seen through the consistent application of City Council's previous direction, The City Manager recently made a presentation to the Central Business District Association which characterized the City's path forward as: Reflecting on today's - and yesterday's achievements Reinvesting in the capital and social infrastructure of the community Redefining the future February 22, 2005 ,- - 3 - CITY MANA GER 'S BRIEFING BUILDING A "FIRST CLASS RESORT" ITEM # 53595 (Continued) The City Manager, introduced David Sullivan, Chief Operating Officer, who will focus on the Oceanfront re creating a "First Class Resort". David volunteered to format this project and compiled a Task Force to assist. David Sullivan advised in the Summer of 1973, he was employed by the Planning Department and reflected upon hisjirst observation of a model of a Land Use Plan for the Oceanfront (developed in the late 1960's) with high rise buildings and hotels and different corridors for the 21" and 22nd Street, This plan never developed to fruition. The concept is what the City has been planning for the Oceanfront for a long time, Mr. Sullivan cited the Resort Area Boundaries: 42nd Street to the North The Atlantic Ocean to the east Rudee Inlet to the south Birdneck Road to the west In August 2004, City Council made the "First Class Resort" initiative a top priority for 2004-05 and listed the ingredients: Determine City Council's commitment to Vision Resort Behavior Entertainment District Hotel Quality Businesses for Resort Sign age Improvements Dog Park Rudee Loop Park Advertising Program for locals A "First Class Resort" would encompass: A safe, fun and inviting environment for all ages all year round Quality hotels, shops and restaurants adding excitement and activity Variety that would appeal to almost any background or taste Year round entertainment within convenient walking distance to conference and resort hotels Afun destination for our Summer tourists An attractive location for conventions Hotel for thousands of current and new neighborhood residents A year round destination for Virginia Beach residents for shopping, dining, entertainment and employment February 22, 2005 - 4 - CITY MANA GER 'S BRIEFING BUILDING A "FIRST CLASS RESORT" ITEM # 53595 (Continued) The Oceanfront Resort Area Concept Plan was adopted by City Council on June 28, 1994, The same concepts appear today re a "First Class Resort". The 2003 Comprehensive Plan Policy Document (Adopted by City Council December 2, 2003, and AMENDED a year ago also encompasses the Resort Area Concept Plan, by reference, and again encompasses similar concepts: Look at the Oceanfront Resort Area as a unified entity Devise a parking and circulation system aimed at serving this unified entity. Increase economic development opportunities by identifYing and aggressively marketing or developing key areas Create resort area gateways Continue improving the quality of the Resort Area's physical environment A Tangible Vision The ocean side of Atlantic Avenue would continue to be primarily hotels: With a broad range of quality lodging and dining from four star to modest Convention quality facilities High quality architecture would be emphasized Some residential would be mixed in but as a secondary use The west side of Atlantic Avenue could redevelop to a higher density than at present: Consist of a blend of uses, including retail, restaurant, some lodging and entertainment at the street level Have some residential mixed in probably at the upper levels of buildings Buildings would generally be of a smaller scale than the hotels in order to begin to step down building height and intensity as you move toward the neighborhoods Parking would be accommodated in these blocks as well February 22, 2005 -5- CITY MANA GER 'S BRIEFING BUILDING A "FIRST CLASS RESORT" ITEM # 53595 (Continued) Pacific Avenue would rachet down in intensify a bit more: Re-establish existing commercial as great places to shop and work Buildings more in the 3 to 4 story-range Continuing to be mixed in use But would have a heavier emphasis on residential 19'h Street and Virginia Beach Boulevard Corridor to the Convention Center and the Laskin Road Gateway area: Become a vibrant mixed-use District Center between the Convention Center and the beach Be a District of pedestrian-friendly streets West of Arctic Avenue with established residential areas the emphasis would be on a quieter, stronger neighborhoods: Reflect the beach cottage traditions Benefit from being in an active urban resort environment Require higher levels of service in order to mitigate intense Summer tourist impacts Restore these residential neighborhoods as great places to live Progress to Date The pilot lighting improvement project on Atlantic Avenue is complete A proposal to add a permanent staff member to support the ongoing efforts and expansion of the Friendship Patrol and Youth Intervention Team has been developed for the FY 2005-06 Operating Budget to be presented to City Council on March 29, 2005. Study and design recommendations for an "Entertainment District" as part of the Old Beach District Project will be presented to City Council on Mach 8, 2005 February 22, 2005 - 6- CITY MANAGER'S BRIEFING BUILDING A "FIRST CLASS RESORT" ITEM # 53595 (Continued) Progress to Date (Continued) Convention and Visitors Bureau continues to work with the Hotel and Motel Association to refine and enforce hotel standards as part of the Tourism Advertising program. The combined inspection program, a multi-departmental coordinated code enforcement effort, resulted in a 56% decline in visitor complaints in 2004 Convention and Visitors Bureau will completely revamp its visitor survey and analysis program for 2005. The new program will use companies with a national survey and measurement experience related to the tourism industry. The Retail Study conducted in 2004 called for an increase in year 'round residents in the Resort Area in order to better support quality retail at the resort, This component, as well as a proposal for creating a mixed use development along 1 ~h Street is part of the Old Beach District project to be presented on March 8, 2005. Two projects have been proposed for the Capital Improvement Program to address signage improvements at the resort. These projects will be part of the 2005-2006 Capital Improvement Program presented to City Council on March 29, 2005: Bike Path and Boardwalk signage improvements. Study BeachStreet USA graphics.. A dog park has been proposed as part of the Marshview Property proposal, This proposal is a long-range project which may take several years to accomplish A Capital Improvement Program Project has ben developed to create a temporary surface parking lot on portions of the Rudee Loop property, This project will be part of the 2005-2006 Capital Improvement Program presented to City Council on Mach 29, 2005: A $75,000 advertising program for local residents has been funded. The Resort Advisory Commission (RAC) - Communications Subcommittee recommended a plan, which has been approved in concept by the Resort Advisory Commission, The program will be conducted this Spring and Summer, Mr. Sullivan reviewed the Capital Improvement Projects underway in the Oceanfront area which were depicted on a map prepared by Public Works (location outlined and coded reflecting completion year). February 22,2005 - 7- CITY MANA GER 'S BRIEFING BUILDING A "FIRST CLASS RESORT" RESORT AREA CIP PROJECTS (APPROVED MAY 11, 2004) Economic Vitality Roadway Stormwater Water Utility Convention Center Laskin Road Gateway North Lake Holly Laskin Road - Phase II and Gateway BeachStreet USA - Phase I Birdneck Road - Phase II South Lake Holly Resort Area Neighborhood Revitalization 31't Street Parking Garage Laskin Road - Phase I Goodspeed Road Drainage 1 C/h Street Corridor Laskin Road - Phase II Arctic Avenue - Baltic Avenue Rudee Walk - Phase I North Beach Drainage Rudee Lop - Phase I Beach Erosion/Hurricane Protection RESORT AREA CIP PROJECTS (APPROVED MAY 11,2004) Sewer Utility Coastal Cultural and Recreation Resort Area Neighborhood Rudee Inlet Infrastructure Virginia Aquarium Elevated Revitalization Crosswalk Laskin Road Sewer improvements - Rudee Inlet Outer Channel Virginia Aquarium Renewal and Phase I Replacement Laskin Road - Phase II and Gateway Beach Replenishment Virginia Aquarium Original Exhibit Gallery Renovation Virginia Beach Middle School Rudee Inlet Federal Dredging Camp Pendleton Parking Lot and Water/Sewer Restrooms Red Wing Golf Course ITEM # 53595 (Continued) Mr. Sullivan advised the new projects proposed for the FY 2005-06 Capital Improvement Program: 19th Street corridor improvements Rudee Loop Surface Parking Bus Rapid Transit Beach Maintenance Facility Headquarters Hotel BeachStreet USA - Phase I Bike Path and Boardwalk Sign age 11h Street Park Storage Facility BeachStreet USA Graphics Study February 22, 2005 -8- CITY MANAGER'S BRIEFING BUILDING A "FIRST CLASS RESORT" ITEM # 53595 (Continued) Council Lady McClanan expressed concern re the proliferation of "litter" boxes containing advertising at the Oceanfront. Instead of decreasing, these boxes have increased. These had been discussed a couple of years ago, The City Attorney advised information contained in the "news boxes" deals with commercial and non- commercial First Amendment material and can be regulated as to time, place and manner. However, the placement must provide reasonable access to the individuals who might wish these materials, The City Manager advised a Sub Committee of the Resort Advisory Commission has a solution, which will consolidate and limit the number of locations. Relative the location of the dog park, Mr, Sullivan advised Marshview is right behind the Trailer Park on the 17'h Street Corridor. Mr. Sullivan advised the Oceanfront contains the oldest infrastructure (water and sewer utility lines) in the City. The majority of utility lines are fifty (50) to eighty (80) years old. Vice Mayor Jones inquired if the City Council would receive a presentation re Capital Improvement Projects in the Northern and Western portion of the City, This would allow a comparison of the entire City. Vice Mayor Jones requested a presentation on the Bayside Action Plan. Vice Mayor Jones believed it is important for the public to understand not all the funds are being expended at the Oceanfront. Mr. Sullivan advised prioritization of projects based on need would be discussed. The City Manager advised any decisions re projects would have to be made in context with the entire City. There are twelve (I 2) strategic growth areas. The City staff has been working with Vice Mayor Jones and Councilman Dyer re Centerville and Bayside. February 22, 2005 -9- CITY MANA GER 'S BRIEFING SURREY REGULATIONS 2:35 P.M. ITEM # 53596 Mike Eason, Resort Services Coordinator - Convention and Visitor's Bureau, referenced the proposal to regulate and manage the Surreys in the Resort area. In 1998, the Resort Advisory Commission was approached by an operator who wished to introduce Surreys on a trial basis, Ten (10) Surreys were placed on the Oceanfront in 1998 and immediately became popular. So popular, the existing bike rental operators began having the Surreys as part of their inventory. When a concept becomes popular, and there is an increase in the number, issues arise. Last year, a committee was formed comprised of members from the Convention and Visitors Bureau, Police Department and Zoning to review alternatives re managing the number of surreys in the Resort. City Code Section 7-1 defines surrey as a "four-wheeled pedal-powered vehicle capable of seating two or more persons". The four-person surrey is probably the most popular. The proposed Ordinance addresses the following issues: Proliferation of Surreys and Resulting Congestion on the Bike Path: Started out with 50 surreys Surrey Survey Year 2001 2003 2004 Number 101 160 171 Growing Safety Concern There are no rules for operation Reckless operation and accidents Some are being operated on the Boardwalk, Atlantic Avenue sidewalks, side streets and Arctic and Baltic Avenues Storage of Surreys on Sidewalks, Green Belt and other public places Mr. Eason displayed photographs depicting violations. The Committee reviewed various options; however, there was a strong recommendation from the Resort Advisory Commission that 170 surreys are too many. Permit Requirements Will issue 140 total permits to franchised rental operators Number of permits are restricted to five (5) per location Permit will cost $100 each Permits valid for one year Permit must be visibly displayed at all times Rental agency must prove the surrey storage and rental facility is on private property After 2007, permits only valid in RT-1 District Approximately seven (7) locations in RT-2 District Approximately sixty-five (65) surreys rented in RT-2 District February 22,2005 - 10- CITY MANA GER 'S BRIEFING SURREY REGULATIONS ITEM # 53596 (Continued) The majority of surreys added during the last several years have come on the west side of Atlantic Avenue, basically retail shops which have added surreys to their inventory. There is very little, if any, additional capacity along the Boardwalk to add ad4itional space for surreys. The proliferation is occurring on the west side. Grant of Permits City Manager is authorized to develop guidelines for permit issuance and revocation Advertisements on surreys are prohibited Resort Management Office may revoke or suspend any permit for an ordinance or guideline violation or for public safety concerns Any person who rents a surrey without a permit is guilty of a Class 3 misdemeanor Storing or parking a surrey on public property is prohibited Permits may be revoked for ordinance violations or to address public safety concerns Operational Guidelines Rental hours are 8:00 AM to 11:00 PM No more than five (5) surreys can be rented at one rental location Surreys cannot be stored or rented on public property Permit decal must be conspicuously displayed on the surrey Surrey must have a sign stating only the name of rental business and business location conspicuously displayed on the surrey The sign can be no larger than 12" x 12" in size The sign must be displayed at all times No advertisements may be placed on surreys Surreys cannot be operated on the boardwalk or sidewalks No one under 14 years of age may operate a surrey without someone at least 18 years of age directly supervising Surrey must have sign or placard placed inside the surrey stating the following rules: Surrey must be operated on bike path only. No riding on boardwalk, streets or sidewalks Shoes must be worn at all times No one under 14 is allowed to operate a surrey without adult supervision February 22, 2005 -11 - CITY MANAGER'S BRIEFING SURREY REGULATIONS ITEM # 53596 (Continued) Operational Guidelines (Continued) Surrey must be properly maintained and clean at all times No person or persons can ride outside of the surrey The number of passengers cannot exceed the manufacturer's specifications for the surrey; however, no surrey may seat more than six (6) people All rental agencies on the west side of Atlantic Avenue must have their employees to walk the surrey across Atlantic Avenue into a connector park before the renter can take possession of the surrey to ride it on the bike path. The same process must be used to return the surrey No surrey can exceed: 9'(L) x 6.5'(H) x 3.5' (W) Next Steps Resort Advisory Commission (RAC) has endorsed the Ordinance Schedule the Ordinance for the City Council Session of March 1, 2005 Resort Management Office will notifY rental agencies Issue surrey permits in April Mr. Eason advised the bikes rentfor $5.00 and surreys ($15,00) Councilman Maddox referenced his sponsorship of an Ordinance requiring the signs on the vehicles to not exceed 12" x 12". Compliance and enforcement has been a problem. A list of the surrey operators and the number of surreys in their respective inventories shall be provided. Associate City Attorney Larry Spencer advised a daily rental tax (the rate is capped by the State) is received. Associate City Attorney Larry Spencer advised Surreys cannot be operated on the streets. A photograph tutorial shall be provided re surreys similar to the presentation "bicycles and other wheeled devices" by Associate City Attorney Vanessa Valldejuli on October 12, 2004. City Council ADOPTED the Ordinances on October 26, 2004. February 22, 2005 - 12- CITY MANA GER 'S BRIEFING SURREY REGULATIONS ITEM # 53596 (Continued) Ordinances to AMEND the City Code re Electric and Gas Powered Bicycles and other Wheeled Devices: REPEAL 996-9 through 6-11 and REENACT same in Chapter 7 AMEND Chapter 7 re definitions, age, other requirements for use and violations AMEND 99 21-2,21-231,21-237,21-259, 21-312, 21-440.2 and 21- 464 re duplicate provisions; add low-speed vehicles, parking of wheeled devices and licensing at DMV AMEND 99 27-24 and 27-25 re disposal of bicycles and other lost wheeled property BY CONSENSUS, a Public Comment Session re Surreys shall be scheduledfor the March 1, 2005, City Council Session with a vote by the City Council on March 8, 2005. If approved, implementation re the permitting process for surreys would commence April First. February 22, 2005 - 13- CITY MANAGER'S BRIEFING POLICE FIRING RANGE 3:10P.M. ITEM # 53597 Deputy Chief Gregory G. Mullen, Police Department, advised the Police Training Facility has entailed a 24-month process to address the issues of citizens. The Police training requirements entailed: firearms training, simmunition city, driver training track and administration space (consisting of office and classrooms). A process should be established to provide the best training for those Police Officers on the streets. Recommendation Conduct all "live" firearms training at Blackwater Training Center in Moyock, North Carolina Conducted by means of a service contract through which Blackwater would provide firearms ranges and building space (office and classrooms) Conduct simmunition and driver training at Creeds through a Capital Improvement Project. Complete the Simmunition City Refurbish the drive track Construct an administration building (classrooms & office) Pursue land acquisition, as available, for noise buffer Blackwater Service Contract Term of Contract - 10 years (The City has the option to extend the contract an additional 1 0 years All financial obligation of the City under this Contract are subject to appropriations Hold harmless indemnification and specific environmental indemnity Virginia Beach Police Department will provide to each trainee a notice which warns the participant of the risks associated with firearms training Virginia Beach Police Department to be provided: Firearms range time Building space for office and classrooms Security and maintenance February 22, 2005 - 14- CITY MANAGER'S BRIEFING POLICE FIRING RANGE ITEM # 53597 (Continued) Cost - Services Contract Initial deposit - $516,000 to be credited to the City over the first three (3) years of the contract * Defaults - Blackwater will reimburse the City all unamortized deposit if they default in first three (3) years Base Service Fee Quarterly payment (Year 1-3) Quarterly payment (Year 4-10) $604,560 per year $108,140 $151,140 Beginning Year 11 - annual base service fee - $695,244, escalating 3% per year Virginia Beach agrees to reimburse Blackwater for an insurance policy covering potential claims against Blackwater by Virginia Beach employees ($25,000 in Year 1) *As the first 10 years have been negotiated at afixed rate, the budgetary concerns are known and paid out of Operating Funds, no debt service on first 10 years of the contract. Thus, the interest is eliminated if a capital expenditure is involved. Cost - Creeds Development $ 360,000 for Architectural and Engineering services $1,000,000 for land acquisition (as available) $3,000,000 (FY 2005-06 Capital Improvement Program) for construction Next Steps Public Comment: March 1, 2005 City Council vote to consider recommendation and appropriate funds: March 8,2005 Transfer FY 2005 Funding within the Operating Budget from existing appropriations: Retainer Partial Annual Contract Payment Land A&E TOTAL $ 516,000 $ 133,138 $1,000,000 $ 360,000 $2,009,138 Update FY 2006 Capital Improvement program to include Construction Costs $3,000,000 Update FY 2006 Operating Budget for contact payment and insurance $ 457,560 Update FY 2007 Operating Budget for contract payment, insurance, maintenance $ 471,287 February 22, 2005 - 15 - CITY MANAGER'S BRIEFING POLICE FIRING RANGE ITEM # 53597 (Continued) Deputy Chief Mullen advised the total Operating Budget for training entailed approximately: $2.2- MILLION (representing 3 % of the Police Department overall budget)Adding $600,000 per year increases this to $2.8-MILLION (slightly over 4% increase). The opportunities and abilities the Police Officers will have to train under improved circumstances and with other individuals from Federal, State and Police Departments local and from all over the United States can not be measured in tangible dollars. Deputy Chief Mullen wished to recognize and acknowledge the dedicated assistance of City Council Liaisons - Council Members Jim Reeve and James Wood, City Attorney Les Lilley, Robert Scott - Director of Planning, John Herzke - City Engineer, Associate City Attorney Vanessa Valldejuli, Lieutenant Duane Hart, Sergeant Sean Adams, Michael White - Engineering, Public Works, Nancy Leavitt - Finance and Dia Hayes - Management Services. The City Manager advised effective March First, Deputy Chief Mullen is rotating to Operations. February 22, 2005 - 16- CITY MANAGER'S BRIEFING REAL ESTATE ASSESSOR - ANNUAL REPORT 3:35 P.M. ITEM # 53598 Jerald D. Banagan, Real Estate Assessor, advised on Tuesday, March 1, 2005, Notices of Assessment will be mailedfor the Fiscal Year 2006. Only those property owners whose assessment changed will receive an assessment notice. Approximately 0.3% of all properties will receive a decrease in assessment and approximately 96% will receive an increase. The projected Fiscal Year 2006 assessment of $37,783,779,314 represents a 21.3 % increase over the current assessment. Each penny of the tax rate will generate $3,778,000 in revenuefor a total tax of$452, 045, 000 at the current rate of$1.1964. The average assessment change for the individual properties is approximately + 19. 78%; however, this figure varies citywide depending on the age, type, quality, classification and location of the property. The average assessment change for residential property is +21. 74%; and, for commercial/industrial property, the average change is +11. 64%. This figure represents a strong commercial appreciation, the best in years, The average assessmentfor a Townhouse is over $100,000. Town Homes appreciated 19%. Reviewing all housing types, the average residence is $216,500. Only 5% of the housing stock is appraised at under $75,000. 14% is assessed less than $100,000. 12% of the housing stock is valued at over $350,000, with 6% valued over $500,000. There are 1,068 homes assessed over $l-MILLION Residential, apartment and agriculture properties comprise 84.4% of the tax base with commercial and industrial properties constituting 15.6% of the tax base. The percentage of the tax base for residential property increased 1.2%from the current year, CHANGE IN PROPERTY VALUE BY CLASSIFICATION (January 1,2004 to January 1,2005) Classification FY 2006 Assessment Change * General Commercial $ 3,604,533,208 $ 447,916,468 14.2% Hotel 694,418,408 77,271,501 12.5% Office 988,289,240 142,452,694 16. 8% Industrial 551,341,397 41,280,976 8.1% Apartment 1,894,317,993 264,435,477 16.2% Residential 24,254,176,357 4,555,657,307 23.12% Townhouses 2,002,726,737 319,353,642 19,0% Condominiums 3,239,895,006 778,678,468 31,6% Agriculture 154,080,968 40,870,895 36.1% TOTAL $37,383,779,314 $6,667,917,431 21.7% *Reflects growth and appreciation February 22, 2005 - 17- CITY MANAGER'S BRIEFING REAL ESTATE ASSESSOR - ANNUAL REPORT ITEM # 53598 (Continued) Hotels are appraised based on an income approach to value. New construction for the past twelve (I2) months amounted to $500,000,000, which is an increase of 2% from the previous year. Residential new construction amounted to 74.3% of the total yearly construction, while commercial/industrial represented 25. 7%. Growth in land due to rezonings and subdivision amounted to approximately $162-MILLION The average assessment on a new home was $335,100 (32% increase in the last three years). In 1999, the average new home was valued at $200,400. REAL ESTATE TAX EXEMPTIONIDEFERRAVFREEZE for SENIOR CITIZENS and DISABLED PERSON Fiscal Year 2005 Senior Citizens Exemption 2,026 Freeze 640 Deferral -1Q TOTAL 2,686 Disabled Persons Exemption 966 Freeze 151 TOTAL 1,117 TOTAL PROGRAM Exemption 2,992 Freeze 791 Deferral 20 GRAND TOTAL 3,803 Average Exemption $1,491 Average Freeze $ 253 Average Deferral $ 1,842 Homestead exemptions currently are not allowed under State Statue, Mr, Banagan advised the real estate tax exemption/deferral/freeze for senior citizens and disabled persons is being marketed through information provided via video streaming and details on the web site. The City Treasurer is required to place the information on the tax bill. More data relative this tax exemption/deferral/freeze provided in the newspaper would be of valued assistance. This information is also disseminated through the City's publications. The use of the Council of Civic Organizations was also suggested as a voice to publicize this program. Mr. Banagan believes there are more than 3,803 citizens who required assistance. February 22, 2005 -18 - CITY MANA GER 'S BRIEFING REAL ESTATE ASSESSOR - ANNUAL REPORT ITEM # 53598 (Continued) Mr. Banagan advised the appraisals were conducted in 2004 utilizing sales data from July 2003 to June 2004. The Assessor's office is utilizing historical data, not projecting into the future. Mr. Banagan believed the next year's assessments would be a repeat of this year's; however, he could not estimate when the assessments would decrease. The majority of the literature state the appreciation will just get to a point where it "levels" off or be very modest for a few years.. The City Manager advised this increase in assessments is a "spike" and concurred with City Council that this increase should not be used to build up the City's permanent overhead. The City's base service levels should not be increased so when the market slows down, then the City would be in afinancial "bind". Over a long period of time the expenditures of the City have been increased at a rate that exceeds population and CPI growth. Thus, the staff has raised the issue of sustainability. The revenues from the Federal and State Government have been decreasing and the City has been attempting to provide funds for these loses "to keep the boat afloat". The Proposed School Board Budget only anticipates a 2.36~ reduction in the real estate tax, A greater reduction by City Council would have a significant impact on their Budget. The City Manager and staff, the Revenue Sharing Task Force (comprised also of the Mayor Vice Mayor Jones and Chair and Vice Chair of Virginia Beach Schools) have discussed this issue and the rate. Schools have requested as soon as this is determined to advise and they will attempt to accommodate. Mayor Oberndorf expressed appreciation to Mr. Banagan. The City Council will decide a course of action that will sustain the taxpayer and their ability to remain in their own homes plus providing minimal services to the overall city. February 22, 2005 -19 - CITY COUNCIL COMMENTS 4:25 P.M. ITEM # 53599 Mayor Oberndorf referenced a request for a letter to the U.S. Army Corps of Engineers by March 3, 2005, re the impact of Tri City Properties. This request involves an Environmental Quality Study on the Gum Swamp watershed on the Chesapeake side of Stumpy Lake, There are definite implications to the preservation of Stumpy Lake, Mayor Oberndorf does not wish to sign the letter until all members of City Council concur. This item will be scheduledfor the City Council Session of March 8,2005, with a Briefing by Clay Bernick, Environmental Management Program Administrator. ITEM # 53600 Mayor Oberndorf expressed appreciation to Council Lady Wilson, Associate City Attorney Vanessa Valldejuli, Lynn Clements, Mark Reed and City stafffor welcoming and attending the luncheon honoring the representatives from England re the display of the Magna Carta in 2007. The delegates are reviewing the possibility of having the Magna Carta tour the United States (Chicago, San Franciso, Houston and Atlanta) after it is displayed in Virginia Beach. Virginia Beach will be depicted on their brochure as one of the main cities hosting the Magna Carta. February 22, 2005 - 20- AGENDA RE VIE W SESSION 4:30 P.M. ITEM # 53601 1.1. Ordinance to AMEND the City's Open Air Cafe. regulations to establish guidelines and allow sidewalk cafes between 15th and 24th Streets on Atlantic Avenue, (Deferred February 8,2005) Councilman Maddox requested this item be DEFERRED until the City Council Session of March 1, 2008. This deferral will allow development of criteria for facade improvements. ITEM # 53602 BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA: ORDINANCES 1.1. Ordinance to AMEND the City's Open Air Cafe regulations to establish guidelines and allow sidewalk cafes between 15th and 24th Streets on Atlantic Avenue. (Deferred February 8,2005) 1.2. Ordinance to DECLARE as EXCESS PROPERTY a twenty-five foot (25') wide strip of land adjacent to 2220 West Berrie Circle and AUTHORIZE the City Manager to execute an Agreement of Sale to AOS Properties, LLC. 1. 3. Ordinances to A CCEPT Grants and APPROPRIA TE the funds as follows: a. $753,629 from the Department of Criminal Justice Services Law Enforcement Terrorism Prevention Program (LETPP) to the FY 2004-05 Operating Budgets of the Police and Sheriff's Department re equipment and technology b. $35,000from the Federal Emergency Management Agency (FEMA) to the FY 2004-05 Fire Department Operating Budget refunding the Citizen Corps Council (CERT) c. $15,000 from the Virginia Foundation for the Humanities to the FY 2004-05 Library Department Operating Budget re the study of African-American Genealogy in Virginia d. $9,180 (the second of three grants) from the Norfolk Foundation, to the FY 2004-05 Library Department Operating Budget re access to online databases February 22, 2005 - 21 - AGENDA RE VIE W SESSION ITEM # 53602 (Continued) J4. Ordinance to AUTHORIZE the City Manager to execute an AMENDED Cost Participation Agreement with KGS Construction Company re construction of road improvements along Stumpy Lake Lane and Archdale Drive. J5. Ordinances to AUTHORIZE temporary encroachments into the City's right-o.f-way for: a. FRED C. MCKINNEY at Cullen Road re water, sewer, stormwater pipe and driveway (DISTRICT4 - BAYSIDE) b. WINIFREDJ.ANDMICHAELD.MARQUARTat 1100 Wythe Lane re pavers, stone call box, electrical conduit, columns andfencing (DISTRICT 5 -LYNNHAVEN) J6. Ordinance to A UTHORIZE acquisition of property infee simple for easements by agreement or condemnation re right-o.f- way for Shipps Corner Road Bridge replacement Item J1. will be DEFERRED, BY CONSENT, until the City Council Session of March 1, 2005. Council Members McClanan and Villanueva will vote a VERBAL NAY on Item J4 February 22, 2005 - 22- AGE N DA REV I E W S E S S ION ITEM # 53603 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: K1. Variance to 94.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for CARLTON E. and LAURA R. SEAY at 1301 Harris Road. (DISTRICT 5 - LYNNHA VEN) K2. Application of FIVE DOG NIGHT, L.L.c. for a Conditional Use Permit re a commercial kennel at 2901 Shipps Corner Road. (DISTRICT 6 - BEACH) K3. Application ofKENNETHA. HALL FAMILY LIMITED PARTNERSHIP for a Conditional Use Permit re motor vehicle sales and service at 4372 Holland Road. (DISTRICT 3 - ROSE HALL) K 6. Application of REED ENTERPRISES, INC. at Dam Neck Road and Holland Road: a. Change of Zoning District Classification from AG-2 Agricultural District to Conditional B-2 Community Business District b. Conditional Use Permit re an automobile repair establishment K8. Application ofATLANTICENTERPRISES,INC.forthe discontinuance, closure and abandonment of a portion of 29 Y:z Street at Pacific Avenue. (DISTRICT 6 - BEACH) K9. Application of THE TAYLOR GROUP, L.L.L.P., Claude B. Brown, Betty B. and R. Edward Bourdon, Jr. for the discontinuance, closure and abandonment of a portion of Old London Bridge Road at Harpers and London Bridge Roads. (DISTRICT 7 - PRINCESS ANNE) Council Members McClanan and Schmidt shall vote a VERBAL NAY on Item K1 (SEAY) Council Lady McClanan shall vote a VERBAL NAY on Item K 6 (REED) February 22,2005 - 23- ITEM # 53604 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2,2-3711 (A) (1). To Wit: Appointments: Boards and Commissions: Community Policy and Management Team - CSA At Risk Development Authority Francis Land House Board of Governors Health Services Advisory Board Investment Partnership Advisory Committee - PPEA Minority Business Council Parks and Recreation Commission Towing Advisory Board PUBLICLY-HELD PROPERTY' Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of Property - Beach District PUBLIC CONTRACT: Discussion or consideration by a responsible public entity or an affected local jurisdiction, as those terms are defined in Section 56-557, of confidential proprietary records excludedfrom this chapter pursuant to Section 2.2- 3705.6(11) AND Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body. Beach Contract Rental Service Police Firing Range - Contract Negotiations Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION (4:50 P.M.). February 22, 2005 - 24- ITEM # 53604 (Continued) Voting: 10-0 Council Members Voting Aye: Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel (Closed Session: 4:50 P.M. - 5:40 P.M.) (Break:4:56 P.M. - 5:00 P.M.) (Dinner: 5:40 P.M. - 6:05 P.M.) February 22, 2005 - 25 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL February 22, 2005 6:05 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 22, 2005, at 6:05 P.M. Council Members Present: Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Harry E. Diezel [Out of the City - previous commitment] INVOCATION: Reverend Rick Hocker Freedom Fellowship PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare andfile the appropriate disclosure letter to be recorded in the official records of City Council, Council Lady Wilson regularly makes this disclosure, Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. February 22, 2005 - 26- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 53605 Upon motion by Councilman Dyer, seconded by Councilman Reeve, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public busin'ess matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel February 22,2005 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 # 53604, page 23, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-37J1(A) ofthe Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~~- uth Hodges mith, MMC City Clerk February 22, 2005 - 27- Item V-F. 1. MINUTES ITEM # 53606 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of February 8,2005. Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel February 22, 2005 Item V-G. ADOPT AGENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: - 28- ITEM # 53607 AGENDA FOR THE FORMAL SESSION February 22, 2005 - 29- Item V-G. 2. MAYOR'S INTRODUCTION ITEM # 53608 Mayor Oberndorf RECOGNIZED the following BOY SCOUTS in attendance to earn their Citizenship in the Community Merit Badges: Boy Scout Troop 179 Ben Sandridge Josh Wilson Renee Wert - Leader Boy Scout Troop 417 St. Andrew's United Methodist Church Sponsor Russell Brown Willie Brown Chris Cronin Brandon Gill Gavin MacMillan John Maravich Tyler Vincent Tommy Williams Scoutmaster Warren Weiss Assistant Scoutmaster Tom Williams February 22, 2005 - 30- Item V-H.J. PUBLIC HEARING ITEM # 53609 Mayor Oberndorf DECLARED A PUBLIC HEARING: EXCESS CITY-OWNED PROPERTY 2220 West Berrie Circle There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING February 22, 2005 - 31 - Item V-J. ORDINANCES ITEM # 53610 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED IN ONE MOTION Items 1 (DEFERRED), 2, 3alble/d, 4, 5alb and 6 of the CONSENT AGENDA. Item J.1. will be DEFERRED BY CONSENT, until the City Council Session of March 1,2005, Voting: 10-0 (By Consent) Council Members Voting Aye: Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel Council Members McClanan and Villanueva will vote a VERBAL NAY on Item J.4 (Stumpy Lake Lane and Archdale Drive). February 22, 2005 - 32- Item V-J.1. ORDINANCES ITEM # 53611 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council DEFERRED until the City Council Session of March 1,2008: Ordinance to AMEND the City's Open Air Cafe regulations to establish guidelines and allow sidewalk cafes between 15th and 24th Streets on Atlantic Avenue. (Deferred February 8,2005) Voting: 10-0 (By Consent) Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel February 22, 2005 - 33- Item V-J.2. ORDINANCES ITEM # 53612 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:: Ordinance to DECLARE as EXCESS PROPERTY a twenty-five foot (25) wide strip of land adjacent to 2220 West Berrie Circle and AUTHORIZE the City Manager to execute an Agreement of Sale to AOS Properties, LLC. Voting: 10-0 (By Consent) Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel February 22,2005 1 AN ORDINANCE DECLARING CERTAIN 2 PROPERTY LOCATED IN THE BERRIE 3 GARDEN SUBDIVISION ADJACENT TO 2220 4 WEST BERRIE CIRCLE AS EXCESS AND 5 AUTHORIZING CITY MANAGER TO CONVEY 6 SAME TO AOS PROPERTIES LLC (AIK/ A 7 AO.S. PROPERTIES, L.L.C.) 8 9 WHEREAS, the City of Virginia Beach (the "City") acquired title from the City 10 of Norfolk in and to a parcel of real property which included a strip of land 25 feet wide 11 extending Westwardly from Lake Bradford to Lake Joyce (the "Property") by deed recorded in 12 the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 13 1018, at Page 154. 14 WHEREAS, the City Council is of the opinion that a portion of the Property 15 referenced as "APPROX. 1,375 S.F.l0.03 AC (25'55')" as shown on the "LOCATION MAP 16 SHOWING EXCESS CITY OWNED PROPERTY ADJACENT TO 2220 WEST BERRIE 17 CIRCLE (LOT 24) GPIN 1479-58-1512 AOS PROPERTIES LLC. (AlK/A AO.S. 18 PROPERTIES, L.L.C) SCALE 1"= 200"', attached hereto (the "Excess Strip"), is in excess of 1 9 the needs of the City of Virginia Beach. 2 0 WHEREAS, an appraisal of market value prepared by a qualified appraiser 21 opining the value of the Excess Strip to be $22,050 has been delivered to and approved by staff 22 of the City. 23 WHEREAS, AOS Properties LLC (AlK/A AO.S. Properties, L.L.C.), a Virginia 24 limited liability company ("AOS"), has proposed to purchase the Excess Strip from the City for a 2 5 purchase price of $22,050, the appraised value. 2 6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 2 7 OF VIRGINIA BEACH, VIRGINIA: 28 1. That the Excess Strip is hereby declared to be in excess of the needs of the 2 9 City and that the City Manager is hereby authorized to execute an Agreement 30 of Sale and any necessary documents to effectuate the sale of the Excess Strip 31 to AOS. 32 2. That the City staff approved appraised value of TWENTY TWO 33 THOUSAND FIFTY DOLLARS ($22,050) shall be the purchase price of the 34 Excess Strip. 35 3. That the Excess Strip and AOS's adjacent property shall be resubdivided to 36 eliminate interior lot lines for GPIN 1479-58-1512 (also known as Lot 24 of 37 Berrie Gardens). 38 4. That the Excess Strip shall be conveyed in accordance with the attached 39 Summary of Terms marked as Exhibit B, and such other terms, conditions or 40 modifications as may be satisfactory to the City Attorney. 41 This ordinance shall be effective from the date of its adoption. 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of 43 F'phrllrlry ,2005. 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 CA-9461 R-l PREPARED: 1/13/2005 APPROVED AS TO CONTENT ~ Co ~'" PublIc Works REAl. l~r'T( APPROVED AS TO LEGAL SUFFICIENCY ~rtment of Law X:\Projects\Excess Property\AOS (Formerly Calvin) #1405 - Berrie Cir. RAB\Ordinance,DOC EXHIBIT A r J C.-,L I - -1 ,- \ I I ID N. GREENWELL RD. dJ\} o Li~ - -0=- D ~ 0 co =D o .=~ ~ Lt:: [J= r.D- IW: 'U I L_-, LOCATION MAP SHOWING EXCESS CITY OWNED PROPERTY ADJACENT TO 2220 WEST BERRIE CIRCLE (LOT 24) GPIN 1479-58-1512 AOS PROPERTIES LLC. (A / K / A / A.O.S. PROPERTIES, L.L.C) SCALE: 1" = 200' ...., - 1 I , I , I I I , '....1 , '15' , 'is, , '3' I /~G' -.. / J I 1 I I I I I , J I I f I /_- PREP. BY P/W ENG. CADD BUREAU 11/04 M.J,S, BERRIE CIR.DGN EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 2220 WEST BERRIE CIRCLE SELLER: City of Virginia Beach PURCHASER: AOS Properties LLC (A/K/A A.O.S. Properties, L.L.C.), a Virginia limited liability company, PROPERTY: Approximately 1,375 S.F. (0.03 AC) LEGAL DESCRIPTION: ALLTHAT CERTAIN twenty-five (25) foot strip ofland running in an east to west direction across and located within that certain lot, piece or parcel ofland numbered and designated as Lot 24 ofthe subdivision of Berrie Gardens located in the City of Virginia Beach, Virginia, which subdivision is recorded in Map Book 25 at Page 4 in the Office of Clerk of the Circuit Court of the City of Virginia Beach. SALE PRICE: $22,050 as per appraisal CONDITIONS OF SALE · The Property shall be resubdivided at the Buyer's expense in order to eliminate interior lot lines for GPIN #1479-58-1512. · The Buyer shall submit a site plan for review and approval by the Planning Department prior to any construction. · The Buyer shall provide a physical survey. X:\Projects\Excess Property\AOS (Formerly Calvin) #1405 - Berrie Cir. RAB\Terms.doc AGREEMENT OF SALE THIS AGREEMENT OF SALE ("Agreement") made as ofthis 3 day of -::r;...0 2005, by the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Seller"), and AOS PROPERTIES LLC (AIK! A A.O.S. PROPERTIES, L.L.C.), a Virginia limited liability company, ("Buyer"). WITNESSETH: In consideration of the covenants and agreements of the respective parties herein set forth and in further consideration of the sum of TWENTY -TWO THOUSAND FIFTY DOLLARS AND NO CENTS ($22,050.00), Seller hereby agrees to sell, and Buyer hereby agrees to purchase the following described property (hereinafter the "Property") to wit: ALL THAT CERTAIN twenty-five (25) foot strip ofland running in an east to west direction across and located within that certain lot, piece or parcel ofland numbered and designated as Lot 24 of the subdivision of Berrie Gardens located in the City of Virginia Beach, Virginia, which subdivision is recorded in Map Book 25 at Page 4 in the Office of Clerk of the Circuit Court of the City of Virginia Beach. Said twenty-five (25) foot strip being a portion of the same property conveyed to the Grantor by deed dated July 21, 1967, from the City of Norfolk, and recorded in the Clerk's Office of the circuit Court ofthe City of Virginia Beach, Virginia, in Deed Book 1018 at page 154. 1. Purchase Price. The total consideration is as follows: TWENTY TWO THOUSAND FIFTY DOLLARS ($22,050.00) in full for the Property. The purchase price shall be paid as follows: a. A deposit ( the "Deposit") in cash or by certified check in the amount of Two Thousand Two Hundred and Five Dollars and No Cents ($2,205.00) shall be paid by Buyer to the City of Virginia Beach as Escrow Agent (the "Escrow Agent") upon execution of this Agreement by all parties. The Escrow Agent shall deposit the Deposit into the general fund, accruing no interest, with the Deposit to be applied to the purchase price of the Property at the time of settlement. The Deposit shall be held in accordance with the provisions of this Agreement. b. The balance of the purchase price of the Property of Nineteen Thousand Eight Hundred and Forty-Five Dollars and No Cents ($19,845.00) shall be paid in cash or by certified check at the time of settlement. 2. Due Diligence/Contingencies. Buyer is hereby granted sixty (60) days from the date of full execution of this Agreement by all parties (the "Due Diligence Period") to inspect the Property in order to determine that the soils and subsurface conditions of the Property are suitable, in the reasonable opinion of Buyer, for Buyer's intended use, and to determine the existence of any adverse environmental matters or conditions in, on, under, about, or migrating from or onto the Property. If the Buyer determines during the Due Diligence Period that the soils and subsurface conditions of the Property are not suitable for its intended use, or determines that the existence of any adverse environmental matters or conditions in, on, under, about, or migrating from or onto the Property, Buyer reserves the right to terminate this Agreement of Sale by giving Seller written notice of termination not later than 5:00 p.m. on the last day ofthe Due Diligence Period. Upon receipt of such notification, the Deposit shall be returned to the Buyer within 14 business days and thereafter, neither party shall have any further rights against or obligations or liability to the other hereunder except as specified in Paragraph 9. IJ'/,/l~'<' uJ4/'-'.> ~ 0 ;{J/l.l"..?~pr/L 3. Settlement. Settlement proceedings shall be conducted at the Office of the City Attorney, Real Estate Annex, Building 20, Municipal Center, Virginia Beach, Virginia 23456. The settlement shall occur no later than thirty (30) days after the end of the Due Diligence Period as called for in Paragraph 2 hereof (the "Settlement Date") or at such other earlier time as the parties may agree. However, in no event shall the Settlement Date be later than ninety (90) days after the execution of this Agreement by all parties, time being expressly declared and agreed to be of the essence in this Agreement. Buyer's failure to comply with the terms and provisions hereof at the time and in the manner herein prescribed shall be deemed a material breach of this Agreement. In addition to the obligations to be performed hereunder by the parties at settlement, each party agrees to perform such other acts and to execute, acknowledge and deliver, subsequent to settlement, such other instruments, documents and other material as the other party may reasonably request and shall be necessary in order to effectuate the consummation of the transaction contemplated herein and to vest title to the Property in Buyer. However, notwithstanding the foregoing, Buyer acknowledges and agrees that Seller has certain powers, purposes and responsibilities by virtue of being a municipality, and as such, its ability to execute instruments and documents or to perform certain acts is limited by the laws of the Commonwealth of Virginia, including but not limited to, its defenses of sovereign immunity. Nothing herein shall be construed to waive any of the powers, purposes, responsibilities or defenses of Seller as a municipality. 4. Premises Purchased As IslEnvironmental Concerns. Seller neither represents nor warrants that there are no adverse environmental conditions upon the Property which would prevent Buyer's allowed use of the Property. Buyer purchases the Property "as is" and it shall be the responsibility of Buyer to determine whether or not there are any adverse environmental conditions, hazardous waste conditions, status as protected wetlands or endangered species which would prevent Buyer's proposed use of the Property. Buyer releases Seller of and from and waives any claim or cause of action Buyer may have against Seller, under any federal, state or local law, ordinance, rule or regulation now existing or hereafter enacted or promulgated, relating to environmental matters or conditions, in, on under, about or migrating from or unto the Property, or by virtue of any common law right related to environmental conditions or maters in, under, about or migrating from or unto the Property. The provisions of this Paragraph shall survive settlement, the termination of this Agreement, or recordation of the Deed. -2- 5. Requirements of Settlement. a. This Agreement and any Conveyance of the Property are EXPRESSL Y SUBJECT to Buyer's resubdivision ofGPIN 1479-58-1512, and the vacation of all interior lot lines for each parcel to incorporate the Property into Buyer's adjoining property. b. This Agreement and any Conveyance ofthe Property are further EXPRESSL Y SUBJECT to Buyer submitting a plan for review and the approval of said plan by the Planning Department prior to construction on GPIN 1479-58-1512. 6. Prorations. All rents, interest, taxes, utilities and other appropriate items shall be prorated and apportioned on a per diem basis as of the Settlement Date. Assessments, general or special in nature, pending or confirmed, shall be paid or satisfied in full by Seller at Settlement. 7. Settlement Costs and Expenses. Buyer shall bear cost of obtaining a title report for the Property and all other closing costs associated with settlement, including but not limited to, all recording costs and taxes, (except for grantor's tax), title insurance premiums and its attorney's fees and costs. Seller shall prepare the Deed conveying title to the Property to Buyer and shall pay all expenses of preparation of the Deed, the grantor's tax, if applicable and its attorney's fees and costs. Seller and Buyer each warrant and represent to the other that neither party has had any dealings, negotiations or communications with any brokers or other intermediaries that would obligate either one of them for the payment of any real estate commission or fee as a result of this transaction. 8. Convevance/Title. a. Seller agrees to deliver to Buyer at Settlement a Quitclaim Deed and to convey title to the Property, in fee simple, free and clear of all mortgages, liens, encumbrances, leases, parties in possession, security interests, subject to any and all other restrictions, rights-of-way, easements and encroachments of record on the date of execution of this Agreement and to the easements to be reserved by Seller in the deed of conveyance and any subdivision plat. b. Buyer shall have up to thirty (30) days from the date of execution of this Agreement by all parties to examine the record title to the Property and to raise any title objections disclosed by such examination. If such examination discloses that title to the Property is not marketable or is subject to an encumbrance, restriction, covenant or easement or record which adversely affects Buyer's intended use of the Property, Seller shall have the right to cure such defects or terminate this Agreement and return the Deposit to Buyer within fourteen (14) business days, and thereafter, neither party shall have any further rights against or obligations or liability to the other hereunder except as specified in Paragraph 9. If title to the Property is defective and the defects in title are not cured by Seller as provided herein, Buyer may terminate this Agreement by written notice to Seller not later than 5 :00 p.m. of the Due Diligence Period. Upon receipt of such notification, the Deposit shall be refunded to Buyer within fourteen (14) business days and thereafter, -3- neither party shall have any further rights against or obligations or liability to the other hereunder except as specified in Paragraph 9. If Buyer does not exercise the option to terminate, Buyer shall accept title to the Property with such title defects, the provisions of subparagraph a of this Paragraph 8 notwithstanding. 9. Access/Right of Entry. During the Due Diligence Period, Buyer, or its agents, contractors, representatives, successors and assigns shall be permitted access to the Property for the purpose of making such studies of the Property as necessary to determine feasibility of the Property for Buyer's planned use and to determine the existence of any adverse environmental matters or conditions. It is expressly agreed, however, that: a. Such access shall be at Buyer's sole risk and expense; b. Seller shall not be responsible for and Buyer shall indemnify and hold harmless Seller, and its agents, employees, volunteers, servants and officials against any and all claims, obligations, demands, actions or suits for bodily injury or property damage by any person arising from such access or the conduct of activities on the Property by Buyer, its agents, contractors, representatives, successors and assigns; and c. Neither Buyer nor any of its agents or contractors shall suffer or cause to be created any lien or encumbrance arising from such activities, and Buyer shall repair any damage to the Property resulting from such access. The obligation set forth in this Paragraph 9 shall survive settlement or termination of this Agreement. 10. Possession. Actual possession shall be given upon transfer oflegal title at settlement, free and clear of any tenancies or parties in possession. 11. Risk of Loss. Risk of loss or damage to the Property by fire, wind, storm, or other casualty, or by exercise ofthe power of eminent domain, shall remain upon Seller until transfer of legal title at settlement. 12. Legal and Equitable Enforcement of Agreement. a. In the event the consummation of the transactions contemplated herein fail to occur by reason of any default by Seller, Buyer shall have the right (i) to receive the return of its Deposit hereunder, or (ii) to seek specific performance of this Agreement. b. In the event the consummation of the transaction contemplated herein fail to occur by reason of any default of Buyer, except as specified in Paragraph 9, Seller shall have the right to retain Buyer's Deposit as liquidated damages, (it being acknowledged and agreed that in such event it would be difficult to ascertain the exact amount of Seller's damages), and any other remedies that it may have for the breach of this Agreement. 13. Assignment. Buyer's rights under this Agreement may be assigned by Buyer with written notice to Seller, to any person, corporation, partnership or other entity on the condition that -4- the assignee expressly assumes all of Buyer' s obligations hereunder, and a copy of such assignment is provided to Seller. Any assignment made herein by Buyer shall not be interpreted as an agreement to extend the Due Diligence Period, Settlement Date or any of the provisions of this Agreement. 14. Survival. Unless the context otherwise requires, the provisions of this Agreement, including any indemnification, covenants, agreements, representations or warranties, shall survive settlement hereunder and delivery of the Deed. 15. Successors and Assigns. The terms and provisions of this Agreement are binding upon and will inure to the benefit of the parties, their respective successors and assigns. 16. Notices. All notices to be delivered hereunder shall be sent by U. S. Mail certified, Return Receipt Requested or delivered in person addressed as and to the attention of the respective persons set forth below. Each such notice sent by U.S. Mail shall be deemed delivered on the first business day following its receipt, refusal or attempted delivery, as appropriate, at the address of the party to be noticed, and each notice delivered in person shall be deemed given as ofthe date of actual delivery to such person. As to Seller: City of Virginia Beach Attn: James C. Lawson Department of Public Works-Real Estate Division 2405 Courthouse Drive, Building 2 Virginia Beach, Virginia 23456 As to Buyer: A. O. S. Properties, L.L.C. David B. Oglesby, Jr., Manager 505 South Independence Boulevard Virginia Beach, VA 23452 17. Governing LawNenue. This Agreement shall be deemed to be a Virginia contract and shall be governed by the laws of the Commonwealth of Virginia, and the parties hereto designate the Circuit Court of the City of Virginia Beach, Virginia as the proper venue for all litigation of issues relating to this Agreement. 18. Entire Agreement and Modification. There have been no other promises, consideration or representations made which are not set forth in this Agreement. There may be no modification of this Agreement, except in writing, executed by the authorized representatives of Seller and Buyer. (THE REMAINDER OF THIS P AGE WAS INTENTIONALLY LEFT BLANK) -5- IN WITNESS WHEREOF, the said AOS PROPERTIES LLC (AlK/A AO.S. PROPERTIES, L.L.C.), a Virginia limited liability company, has caused this agreement to be executed by David B. Oglesby, Jr., Manager of AOS PROPERTIES LLC (AlK/A AO.S. PROPERTIES, L.L.c.), a Virginia limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia 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. SELLER: CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of City Manager (SEAL) ATTEST: Ruth Hodges Smith City Clerk BUYER: AOS PROPERTIES LLC (AlK/A AO.S. PROPERTIES, L.L.C.), A VIRGINIA LIMITED L~ILITY}rOMPA Y ~8,' David B. Oglesby, Jr STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , by , CITY MANAGER! AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: -6- STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , _, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this ~ day of ~ ,~S:, by David B. Oglesby, Jr., Manager of AOS PROPERTIES LLC (A/K/A A.O.S. PROPERTIES, L.L.C.), a Virginia limited liability company. 0M~~~~ Notary P lic My Commission Expires: "1 \ ~ \ \ (:J9J APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFIECIENCY AND FORM r~ C. Cfiuli'~ FlU RrtiJ Esieut DEPARTMENT X:\PFejeet~)(eess Pr6pe~ '.Clll. in It 11 9S Ilt)" ie Cir. RAIl\.i\.gl 'Glllent Sak.ovt D~ X:\Projects\Excess Property\AOS (Formerly Calvin) #1405 - Berrie Cir. RAB\Agree sale vr2,doc -7- - - C_"U 0 IU-LU-L SURVEY NOTES: 1. THIS SURVEY WAS PERFORMED WITHOUT THE BENEfiT Of A TITlE REPORT AND MAY NOT SHOW PoNY/1J..L EASEMENTS OR RESTRICTIONS THAT MAY AFfECT SAID PROPERTY AS SHOWN. 2. FLOOD INFORMATION: THE PROPERTY SHOWN HEREON APPEARS TO fALL WITHIN flOOD ZONE 'X' (OUTSIDE) (MEA OF SOD-YEAR FLOOD; AREA OffiRMINED TO BE OUTSIOE SOD-YEAR FLOOD PLAIN). AS SHOWN ON f.E.M.A:S fLOOD INSURANCE RATE MIIP (F.I.R.M.) FOR THE CITY Of VIRGINIA BEACH, VIRGINIA, COMMUNITY PANEL NO, ~ I S~31 0003E OATED DECEMBER 5. 1995. 3, SITE f1REA: 6,819 SOH. OR 0.1 ~65 ACRES (LOT MEA) 2,370 SOH. BUILDING AREA (2,387 SO.FT. ALLOWABLE) 3,328 SQH. IMPERVIOUS AREA (4,091 SO.FT. ALlOWABlE) 4, SITE GPIN: 1479-58-1512 5, ZONING: R-5R 6. SITE AIRCRAFT ZONE: THIS SITE LIES WITHIN AIRCRAFT ACCIDENT POTENTIAl ZONE N/A AND/OR NOISE ZONE(S) <65 dB Idn PoND MAY BE SUBJECT TO AIRCRAFT ACCIDENTS AN~/OR ABOVE AVERAGE NOISE LEVELS DUE TO ITS PROXII.4I1Y TO AIRCRAFT OPERATIONS, NOISE ATTENUATION MEASURES FOR NEW CONSTRUCTION MAY BE REQUIRED IN ACCORDANCE WITH THE AIRPORT NOISE ATTENUATION AND SAfETY ORDINANCE AND HEIGHT RESTRlcnONS HAVE BEEN I ANCE wITH SECTION 202(8) OF THE CITY ZONING ORDINANCE, I / I t ; I i / / ; / I I =: :~toO /' I ~ / ~OO' // f N 05-05'00, 7 . 5' I I /"/ I \ I ,,~'r-' --~ BERFi,ECIRCL1€--WEJ;T (FORMERLY BERRIE C/RCLE:) (50' R/W)! BZA VARIANCE EXHIBIT OF LOT-24 PLAT OF BERRIE GARDENS PLAT RECORDED IN M.B. 25, PG. 4, IN THE CLERK'S OF THE CIRCUIT COURT, VIRGINIA BEACH. VA VIRGINIA BEACH, VIRGINIA For Civil Engineers AOS PROPERTIES, LLC REVISED 10/25/04 Land Surveyors Land Plonners 757.431.104 SCALE: 1"= 20' AUGUST 19. 2004 Landscape Architects wplsite.com VIRGINIA BEACH IN: 204-1027 MR LOT -26 .. g ~ ~ Ii II j! 11 '! ~ ~ J ~ ,o.u$? ~ Ffi ~ [..-., ~ I ~ ~ MERIDIAN SOURCE ~ -@-- C (M.B. 25, PG. 4) I I 25' STRIP TOTAL I l- OVERLAP --I BY CITY or I V1RC1NIA BEACH LOT-23 g Sj PROfr.OSED 2-STY DU4LEX "+: I I PRlJPOSED IflRfWALL I 1 I ! i I. ! I ~: , , L......". EX!:~TiN(j D!1rv[WAY PROPOSED DRMWAY SHORf DR LOCATION MAP SCALI : ... loaD' J I I 126.3. ' I 0' B/L ~ ~1 28.69' - 34- Item V-J.3.a/b/c/d ORDINANCES ITEM # 53613 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:: Ordinances to ACCEPT Grants and APPROPRIATE the funds as follows: a. $ 753,629 from the Department of Criminal Justice Services Law Enforcement Terrorism Prevention Program (LETPP) to the FY 2004-05 Operating Budgets of the Police and Sheriff's Department re equipment and technology b. $35,000 from the Federal Emergency Management Agency (FEMA) to the FY 2004-05 Fire Department Operating Budget re funding the Citizen Corps Council (CERT) c. $15,000from the Virginia Foundationfor the Humanities to the FY 2004-05 Library Department Operating Budget re the study of African-American Genealogy in Virginia d. $9,180 (the second of three grants) from the Norfolk Foundation, to the FY 2004-05 Library Department Operating Budget re access to online databases Voting: 10-0 (By Consent) Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel February 22, 2005 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $753,629 FROM THE U.S. DEPARTMENT OF CRIMINAL 3 JUSTICE SERVICES TO THE POLICE AND SHERIFF'S 4 DEPARTMENT'S FY 2004-05 OPERATING BUDGETS FOR 5 THE PURCHASE OF EQUIPMENT RELATED TO THE 6 PREVENTION OF TERRORISM 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 1. That $753,629 is hereby accepted from the U.S. Department 10 of Criminal Justice Services, with $614,741 of this amount 11 hereby appropriated to the Police Department's FY 2004-05 12 Operating Budget and the remaining $138,888 appropriated to the 13 Sheriff's Department's FY 2004-05 Operating Budget for purpose 14 of funding the purchase of equipment needed to prevent or 15 respond to acts of terrorism. 16 2. That estimated revenue from the federal government in the 17 FY 2004-05 Operating Budget is hereby increased by $753,629. 18 19 Adopted by the Council of the Virginia, on the 22nd day of February City of Virginia Beach, , 2005. Requires an affirmative vote by a majority of the members of the City Council. AjF\OVED AS TO CONTENT: LJ~ Q, Management Services APPROVED AS TO LEGAL SUFFICIENCY: City CA9503 R2 February 10, 2005 H:\PA\GG\ORDRES\LETPP GRANT ORD.DOC 1 2 3 4 5 6 7 AN ORDINANCE TO ACCEPT AND APPROPRIATE $35,000 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO THE FY 2004-05 OPERATING BUDGET OF THE FIRE DEPARTMENT TO FUND THE CITIZEN CORPS COUNCIL. 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 1. That $35,000 in additional federal revenue is hereby 11 accepted from the Federal Emergency Management Agency and 12 appropriated to the FY 04-05 Operating Budget of the Fire 13 Department to cover costs associated with the Citizen Corps 14 Council. 15 2 . That estimated revenue from the federal government in 16 the FY 2004-05 operating budget is increased by $35,000. 17 18 Adopted by the Council of the City of Virginia Beach, 19 Virginia on the 22nd day of Februa~Y2005. Approved as to Content: Approved as to Legal Sufficiency: 1J l~J~,V City Attorn~ Management Services CA9504 R2 February 9, 2005 H:\PA\GG\ORDRES\Citizen Corps ord.doc Citizen Corps - Local A ward Agreement By accepting $ 35.000.00 in Citizen Corps funds from the Virginia Department of Emergency Management for the 2004 Citizen Corps Program (CCP), the City of Virginia Beach Jurisdiction agrees to adhere to all terms and conditions set forth in the grant. ~ January 25, 2005 Date anager 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO ACCEPT AND APPROPRIATE $15,000 FROM THE VIRGINIA FOUNDATION FOR THE HUMANITIES TO THE LIBRARY DEPARTMENT'S FY 2004-05 OPERATING BUDGET TO SUPPORT A STUDY OF AFRICAN-AMERICAN GENEOLOGY IN VIRGINIA WHEREAS, the Virginia Foundation for the Humanities has 10 awarded a $15,000 grant to the Library Department to support a 11 study of African-American geneology in Virginia, to be 12 supplemented with an $8,200 in-kind match from the Library 13 Department. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA: 16 1. That $15,000 is hereby accepted from the Virginia 17 Foundation for the Humanities and appropriated to the Library 18 Department's FY 2004-05 Operating Budget to provide support for 19 a study of African-American geneology in Virginia. 20 2 . That estimated revenue from donations is hereby 21 increased in the FY 2004-05 Operating Budget by $15,000. 22 Adopted by the Council of the City of Virginia Beach, 23 Virginia, on the 22nd day of ~e_bru<3;r~005. Approved as to Legal Sufficiency ~ )' ~41~ Vi City Attorney's CH! ice ' CA9506 Rl February 9, 2005 H:\PA\GG\ORDRES\VFH Grant ord.doc / Virginia Foundation for the Humanities 145 EdnamDrive Charlottesville, VA 22903-4629 434-924-3296 NOTIFICATION OF AWARD Grantee: City of Virginia Beach Funds Awarded: $15,000.00 Project Director(s):James Rose Cost Share Required: $15,000.00 Financial Officer: Carolyn L. Barkley Cost Share Requested: $23,700.00 Grant Period: UI10/2004-11/30/2006 Project Title: Cany Me Back to Old Virginia Report Due Dates: Interim # 1: 6/30/2005 Interim # 2: 1/31/2006 Final: 11/30/2006 Grant # 120895-04-17 YOUR PROGRAM STAFF CONTACT IS: David Bearinger Forms and instructions for making reports and requesting payments are included in your grant packet. GENERAL PROVISIONS: Located in the Grant Manual. SPECIAL CONDITIONS: Funding is conditional on the submission and approval, by January 31, 2005, of an Addendum that 1) provides more information on the interview process including training of the interviewer( s) and a list of questions to be asked; 2) clarifies the role of the consulting historians; 3) explains the "new African American geneological methodology" the project will create; 4) addresses technical issues related to the DVD production; 5) explains how the funds requested for" promotion" are to be spent; and 6) addresses the question of interviewees' privacy and how it will be protected. Please sign and return one copy, keeping the second for your records. Your signature below indicates that you have read the grant manual and accept its general provisions and requirements as well as any special conditions set forth above. Financial Officer VFH grants are awarded contingent on final funding from the National Endowment for the Humanities, the Commonwealth of Virginia, and any private sources on which grants depend. No funds in this grant will be disbursed until final funding is secure. 1 AN ORDINANCE TO APPROPRIATE $9,180 A 2 NORFOLK FOUNDATION GRANT TO THE LIBRARY 3 DEPARTMENT'S FY 2004-05 OPERATING BUDGET 4 TO PROVIDE ACCESS TO ONLINE DATABASES 5 6 7 WHEREAS, on April 27, 2004 City Council accepted a three- 8 year $27,540 grant from the Norfolk Foundation and appropriated 9 the first of three annual awards of $9,180 to the Library 10 Department I s FY 2003-04 Operating Budget to provide access to 11 online databases. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, VIRGINIA: 14 1. That $9,180 from the Norfolk Foundation is hereby 15 appropriated to the Library Department's FY 2004-05 Operating 16 Budget to provide access to online databases. 17 2. That revenue from donations is hereby increased in the 18 FY 2004-05 Operating Budget by $9,180. 19 Adopted by the Council of the City of Virginia Beach, 20 Virginia, on the 22nd day ofFebruary2005. Approved as to Content: Approved as to Legal Sufficiency: D~ ~e'~~ CA9505 R2 February 10, 2005 H:\PA\GG\ORDRES\Norfolk Foundation Grant ord.doc Mtn.' JD~'tI' LDlt Yh.A.V/ GRANT AGREEMENT The grant to your organization from The Norfolk Foundation is for the explicit purposes(s) described below and is subject to your acceptance of the following conditions. To acknowledge this agreement and to accept the grant, PLEASE SIGN AND RETURN THE ORIGINAL AGREEMENT TO THE NORFOLK FOUNDATION. Grantee: Virginia Beach Public Library Grant No. 20040005 Amount of Grant: $27.540.00 Program or Project Title: To provide access to the foundation Directory Online and GrantSelect databases Grant Period Begins: 04/01/2004 Ends: 03/31/2007 Payment Schedule: Three annual installments of $9,180 paid in March of 2004, 2005 and 2006 Special Conditions of the Grant: Regional access must be maintained Interim Report Due: 03/31/2005 and 03/31/2006 final Report Due: 03/31/2007 Special Provisions: None All grants are made in accordance with current and applicable laws and pursuant to the internai Revenue Code, as amended, and the regulations issued hereunder. Please read the following carefully: I. Announcing Grants The grantee agency is strongly encouraged to make public announcements about the project. The grantee is requested to acknowledge The Norfolk Foundation as grantmaker in all media communications, public announcements or printed materials concerning the project. -2- Copies of such communications and announcements, and of published references to the grant, should be sent to The Norfolk Foundation for its records. In addition, grants approved by The Norfol k Foundation's Board of Directors are reported to the community through The Norfolk Foundation's newsletter, annual report and periodic listing of grants. The Norfolk Foundation also issues press releases describing individual projects or programs. II. Expenditure of Funds This grant is to be used only for the purpose described above and in accordance with the approved budget. The program is subject to modification only with The Norfolk Foundation I s prior written approval. A. The grantee shall return to The Norfolk Foundation any unexpended funds and any unpaid grant funds will be rescinded: 1) At the end of the grant period, or 2) if The Norfolk Foundation determines that the grantee has not performed in accordance with this agreement and approved program/budget, or B. No funds provided by The Norfolk Foundation may be used for any political campaign, or to support attempts to influence legislation by any governmental body, other than through making available the results of nonpartisan analysis, study and research. C. Unless specifically authorized by The Norfolk Foundation, expenses charged against this grant may not be incurred prior to the effective date of the grant or subsequent to the termination date and may be incurred only as necessary to carry out the purposes and activities of the approved program. D. The grantee organization is responsible for the expenditure of funds and for maintaining adequate supporting records consistent with generally accepted accounting practices. -3- III. Reports to The Norfolk Foundation Grantee organizations are expected to report to The Norfolk Foundation on the progress of their program or project according to the schedule described in this grant agreement. The final report must summarize the achievements of and lessons learned from the project and provide a financial accounting for the expenditure of grant funds. Reports will be considered late if received after the dates specified on page one of the Agreement. The timeliness and quality of both the narrative and financial sections of progress reports will be factors in evaluating the grantee for future funding. IV. Limit of Commitment Unless otherwise stipulated in writing, this grant is made with the understanding that The Norfolk Foundation has no obligation to provide other or additional support to the grantee. The Norfolk Foundation: Grantee: J~ /J ;2~Y f!)te . James K. Spore, City Manager Print Name and Title ~~iJ. ~Ol woLt Date G:\Grant Admin\Form\GRANT AGREEMENT.doc - 35 - Item V-J. 4. ORDINANCES ITEM # 53614 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:: Ordinance to AUTHORIZE the City Manager to execute an AMENDED Cost Participation Agreement with KGS Construction Company re construction of road improvements along Stumpy Lake Lane and Archdale Drive. Voting: 8-2 (By Consent) Council Members Voting Aye: Robert M Dyer, Vice Mayor Louis R. Jones, Richard A, Maddox, Mayor Meyera E. OberndorJ, Jim Reeve, Peter W Schmidt, Rosemary Wilson and James 1. Wood Council Members Voting Nay: Reba S. McClanan and Ron A, Villanueva Council Members Absent: Harry E. Diezel February 22, 2005 1 ORDINANCE AUTHORIZING AMENDMENTS TO 2 TERMS OF A PROPOSED COST PARTICIPATION 3 AGREEMENT BETWEEN THE CITY AND KGS 4 CONSTRUCTION COMPANY (KGS) FOR THE 5 CONSTRUCTION OF IMPROVEMENTS TO 6 STUMPY LAKE LANE AND ARCHDALE DRIVE 7 8 9 WHEREAS, on July 22,2004, the City Council by Ordinance ORD-2830G authorized a Cost 10 Participation Agreement between the City and KGS Construction Company for construction of 11 improvements to Stumpy Lake Lane and Archdale Drive; 12 WHEREAS, due to construction cost increases, amendments to the previously approved 13 terms of the Cost Participation Agreement are required. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 1. That the City Council authorizes the City Manager to execute a Cost Participation 17 Agreement between the City and KGS for construction of road improvements along Stumpy Lake 18 Lane and Archdale Drive in accordance with the revised Cost Participation Agreement Summary of 19 Terms attached hereto, and containing other terms as are acceptable to the City Manager and 20 approved by the City Attorney. 21 2. That any change orders that arise under the Cost Participation Agreement from 22 time to time shall be reviewed and approved in accordance with the City of Virginia Beach 23 Administrative Directive 6.04 - 6.0, Procedures for Contract Change Orders. 24 25 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of 26 February, 2005. 1 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 CA-9431 F:\Data\ATY\OID\REAL ESTATE\Acquisitions\WORKING - DEEDS\Stumpy Lake Lane\Revised Ord-vr4.DOC R-3 2/2/2005 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: flr. '. ~ v QY~~ . JDepartment ofFi ance (hd) 2 AMENDED SUMMARY OF TERMS STUMPY LAKE LANE AND ARCHDALE DRIVE IMPROVEMENTS COST P ARTICIP AnON AGREEMENT (Amended terms are bolded) DEVELOPER: COST PARTICIPANT: DESIGN AND ENGINEERING COSTS: CHANGE ORDERS: SPECIAL TERMS AND CONDITIONS: KGS Construction Company (KGS) City of Virginia Beach Payment by the City to KGS in the amount of $425,000. All bonds must be posted prior to payment by the City. Payment will be made within thirty days after i) completion of the improvements in accordance with the plans, ii) acceptance by the City, and iii) submission by Developer of a requisition and invoices for the costs. Costs associated with any Change Order will be negotiated at the time of the discovery of an unforeseen condition or at the time of any City initiated request for a change. Change Orders must be in writing and be mutually agreed upon. Change orders that arise under the Cost Participation Agreement from time to time shall be reviewed and approved in accordance with the City of Virginia Beach Administrative Directive 6.04 - 6.0, Procedures for Contract Change Orders. Developer is required to post a performance bond, pay the standard inspection fees. Developer will design and construct the road improvements on or before 180 days from the date of full execution of the Cost Participation Agreement. Developer will perform all preliminary site work including surveying and stakeout, clearing, grading, etc. necessary for the construction of the project. Developer will construct a 2-1ane roadway with curb/gutter, and a sidewalk for both Stumpy Lake Lane and Archdale Drive, each matching the typical section of the existing roadway. Developer will construct all storm water drainage features, construct and maintain all erosion and sediment control features necessary for the project and extend the water line along Stumpy Lake Lane as necessary for the project. Developer will provide all traffic signage, pavement markings and street lighting necessary for the project. Developer will construct all landscaping, including trees, grading, seeding and fertilizing necessary for the project. vi "''', 2: r..-O Uj::: :;;lS ~o Cl..-.J :s:~ 222 QI..l..J 1..l..J~ -.J1..l..J -::(e::: o..QlJ , ~o~~g <e:::2oCXl 2::(0011 0L:ijf::"'l~ f:::2~~w -<:(:S~:::J;i OUt"U::::::>u -f::: (/) / -.J. ~ e::: :s~ 6:1- ~O ~U V') o o tD II / ,I Ii 1\ ,I 1\ L-~ ....-------, ~~J --::. ~~ ,.-------' , - "'" o o CXl ) o " ~ ~ '" c c c 1: Q to c Q "- ~ '- c: ~ c Lc "- ~ " -<: ~ ct o o 1.O o o r0 o o r0 w ..j <l: U 1Il u.J :r: r ",~~~o, :~'\lt~ 'f>.-~---- {- : \If ~* -------: - 36- Item V-J. 5. a. ORDINANCES ITEM # 53615 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to A UTHORIZE temporary encroachments into the City's right-of-way for FRED C. MCKINNEY at Cullen Road re water, sewer, stormwater pipe and driveway (DISTRICT4 -BAYSIDE) The following conditions shall be required: 1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval as to size, alignment and location. 2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal, 3. The applicant 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, 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6, The applicant agrees to submit and have approved a traffic control plan before commencing work and further that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works for final approval. 7. The applicant must obtain a permit from the Office of Development Services Center, Planning Department prior to commencing any construction andJurther, that prior to issuance of a right-of- way permit, the applicant must post a bond or other security, in accordance with their engineer's cost estimate, Office of Development Services Center, Planning Department. February 22,2005 Item V-J.5.a. ORDINANCES - 37- ITEM # 53615 (Continued) 8. The applicant shall 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 applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must 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 applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment, 9. The applicant shall connect with sanitary sewer facilities when they become available, within the time stipulated by the City and those plans must be submitted to the Department of Public Utilities for review and, further, the temporary encroachment shall conform to the minimum setback requirements, as established by the City Traffic Engineers Office, 10. The applicant must submit for review and approval, a survey of the encroachment area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 11. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicantfor the use of such portion of the City's right-ofway encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. February 22, 2005 - 38- Item V-J.5.a. ORDINANCES ITEM # 53615 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E, Diezel February 22, 2005 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO PORTIONS OF CITY PROPERTY 6 AND RIGHT OF WAY LOCATED AT 7 CULLEN ROAD BY FRED C. 8 MCKINNEY, HIS HEIRS, ASSIGNS 9 AND SUCCESSORS IN TITLE 10 11 WHEREAS, Fred C. McKinney desires to construct and maintain temporary 12 encroachments for water, sewer, stormwater pipe and driveway into portions of existing 13 City property and right of way located at Cullen Road. 14 WHEREAS, City Council is authorized pursuant to ~~ 15.2-2009 and 15.2-2107, 15 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 16 City's right-of-way subject to such terms and conditions as Council may prescribe. 17 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 That pursuant to the authority and to the extent thereof contained in ~~ 15.2- 20 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Fred C. Mckinney, his heirs, 21 assigns and successors in title are authorized to construct and maintain temporary 22 encroachments for water, sewer, stormwater pipe and driveway into portions of existing 23 City property and right of way as shown on the map entitled: "Exhibit A, 24 ENCROACHMENT PLAT OF PROPOSED CONCRETE DRIVE, WATER LINE, 25 STORM DRAIN AND SANITARY SEWER GPIN 1479-42-0291," a copy of which is on 26 file in the Department of Public Works and to which reference is made for a more 27 particular description; and ,- 28 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 29 subject to those terms, conditions and criteria contained in the Agreement between the 30 City of Virginia Beach and Fred C. Mckinney (the "Agreement"), which is attached 31 hereto and incorporated by reference; and 32 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 33 is hereby authorized to execute the Agreement; and 34 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 35 time as Fred C. Mckinney and the City Manager or his authorized designee execute the 36 Agreement. 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the 38 22nd day of February ,2005. 39 40 APPROVED AS TO CONTENTS :; ~ME ~Kc." 43 FrJ R~ [<;fri1i 44 DEPARTMENT 45 46 47 48 49 50 51 52 PREPARED: 1/19/05 53 54 55 X:\Projects\Encroachments\Applicants\McKinney - 1480 RAB\Ordinance.doc MCKINNEY PROPER7Y GPIN 1479-42-029~ \ \ LOT3A \) \) o LOCATION MAP SHOWING PROPERTY OWNED BY FRED MCKINNEY ~ (GPIN 1479-42-0291) () <t>( AND SHOWING ENCROACHMENT REQUEST FOR / 0. DRIVEWAY, WATER, SEWER, AND STORMWATER PIPE INTO CITY RIGHT OF WAY KNOWN AS CULLEN ROAD AND CITY PROPERTY KNOWN AS GPIN 1479-42-0223 (F 1 K IA 11479-42-0342) SCALE: 1" = 200' MCKINNEY.DGN M.J.S. PREPARED BY PM' ENG, CADD DEPT. JAN, 24, 2005 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDA nON TAXES UNDER SECTION 58.l-811(c) (3) THIS AGREEMENT, made this 2nd day of February, 2005, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and FRED C. MCKINNEY, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 3A 10529 SQ.FT. 0.241 ACRES G.P.I.N. 1479-42- 0291 ", as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 3 & 4, BLOCK 2 SUBDIVISION OF PROPERTY OF C.R. FENTRESS" (M.B. 262 at page 20), and being further designated and described as GPIN 1479-42-0291; WHEREAS, it is proposed by the Grantee to construct and maintain water, sewer, stormwater pipe and driveway, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into portions of existing City property known as GPIN 1479-42-0223 (F/K/A 1479-42-0342} and City right of way located at Cullen Road, "The Encroachment Area"; and I WHEREAS, the Grantee has requested that the City permit a Temporary I I Encroachment within The Encroachment Area. I I j I I GPIN: NO GPIN ASSIGNED TO THE RIGHT OF WAY AND I GPIN 1479-42-0223 (F/K/A 1479-42-0342) I I I ! ~ NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "EXHIBIT "A" ENCROACHMENT PLAT OF PROPOSED CONCRETE DRIVE, WATER LINE, STORM DRAIN AND SANITARY SEWER GPIN 1479-42-0291," 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. 2 It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in The Encroachment Area. , It is further expressly understood and agreed that the Grantee agrees that no open II cut of the public roadway will be allowed except under extreme circumstances. Requests for I exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. /' It is further expressly understood and agreed that prior to issuance of a right of I way permit, the Grantee must post a bond or other security, in accordance with their engineer's II cost estimate, to the Office of Development Services Center/Planning Department. I, ~ ; ! I It is further expressly understood and agreed that the Grantee must obtain and : I j I keep in force all-risk property insurance and general liability or such insurance as is deemed 11 II necessary by the City, and all insurance policies must name the City as additional named insured ! I q I ! or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability 41 II ~ , H 1 ~ j " II l ~ 11 II II , j 3 insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Grantee connect with sanitary sewer facilities when they become available, within the time stipulated by the City and that plans must be submitted to the Department of Public Utilities for review. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One 4 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, Fred C. McKinney, the said Grantee has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: r---j. ...', ./).~ .;<.1/./.... ";;;i~..) ) O~/l' .,It';J! 0'/ l ',/ , ." !.,tll ' ,4>--',. ,',t.- . .' ,./ \.......(L.C ~... I { , 1'.-"~t4"/."p( Fred C. McKinney 'iM)t~ /,/' ,"J 11':J; IOfl... (/ / :).. / 0 .~ II , The foregoing instrument was acknowledged before me this b{ A.C day of 'i J, , 2005, by r ~ Q'. M~ k, ~nei CITY MANAGER! AUTIlORlZED DESIGNEE OF THE CITY MANAGER. ) /.; -' I' ,1'-1 "t --#.. -. - ":---;::>.p flt r;' ;L/.C ~- Notary Public My Commission Expires: ~ /3e/o S' 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2005, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this day of , 2005, by Fred C. McKinney. Notary Public My Commission Expires: II A_~PROVED AS TO CONTENTS 1(' {\ '.1 ''''t "\-., (, . If''' . j . ,</.1.. ,p.,. '-- _~..t'vv ,.. IGNATURE~ PLO ~j;1 f~1c1l DEPARTMENT I ! I ! I X:\Projects\Encroachments\Applicants\McKinney - 1480 RAB\Agreement Encroachment.Frm.doc I 1 I 1 6 ~ '" (,Os) OV'OtJ lSOcLJ .. ,,' :t,i- .................. ~ ~ " 1.......... ~.. ~~~~~'.... " ---....::::.-.. ('() ~- d -~.-q" N " E 'C '0 '" ~ ~~ ~ ",-0 ? ~~v . 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"> ~ ,,/ 0,/ ,,-' edge of woods '? ,,':- SECOND STR E ET (30') (UNIMPROVED) (M.B. 7, PART 2, P. 125) @ 0 ~C>- :r' HIGH BERM C'iTY"R/W) o 0>- 23 e,,0:::::-l i:5 I<(O CD f-= < e"ZO,,-~ :::> W :r: ~ (g O~O ~ O:::::W(f) 0 o -l ~ IW u I- "' '" '? 00 t;;~~ :5"'~ g;" I ~~~ ~Z"'_ '-!I. ,."<::--,,, '" z ox'" ~~~ ~t=~ 10' R RESERVATION 7B' - B" PERFORATED PVC @ 0,3:; " b o:i '" EXHIBIT" A" ENCROACHMENT PLAT OF PROPOSED CONCRETE DRIVE, WATER LINE , STORM DRAIN AND SANITARY SEWER GPIN 1479-42-0291 ! ~ . t .oO'oz ; . .' .o-a'15 '" " "-.-: '" N " ~ N :'i II . i3 ..... ..... .osn't . t. . ~ ::... . ',. ') .~. . ""it "tl'.. 'V '" ""..,...... .. a,.. ......':",,: :f"o N", g;1/ II ~::E> z:D2~ z 0 t 0 " ti i'i I u i!; b~ ~~ ~~ .. 0 3:1:1 ~ !:::~ . '" "- au a 1;a ~ ~!::i ~ ;; e u... 0: V1 "" ll.. 10 ;,. ;: g " .OO'L~ ., ,; '\i ~ '" '" '" u ~5CJO :z a ~ Vi Ri ~ "' ~ '" ~_., f g L&... ....("'i- '" :0;; ;::: ., ,,, '\i " '" '" < o ~ ~ oV'" ~ o ~o- ~ " ",. '" - 39- Item V-J.5.b. ORDINANCES ITEM # 53616 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to A UTHORIZE temporary encroachments into the City's right-of-way for WINIFRED J. AND MICHAEL D. MARQUART at 1100 Wythe Lane re pavers, stone call box, electrical conduit, columns andfencing (DISTRICT 5 -LYNNHAVEN) The following conditions shall be required: 1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval as to size, alignment and location. 2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 3. The applicant 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. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant agrees to submit and have approved a traffic control plan before commencing work; and, further that no open cut of the public roadway will be allowed except in the area specifically identified as "PROPOSED CONCRETE PAVERS WITH BRICK EDGING, W= 16' " on Exhibit A of the Agreement. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval February 22,2005 Item V-J.5.b. ORDINANCES - 40- ITEM # 53616 (Continued) 7. The applicant must obtain a permit from the Office of Development Services Center, Planning Department prior to commencing any construction and,further, that prior to issuance of a right-of-way permit, the applicant must post a bond or other security, in accordance with their engineer's cost estimate, Office of Development Services Center, Planning Department. 8. The applicant shall 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 applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies, The applicant must 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 applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. 9. The applicant assumes all responsibility for construction of a new manhole at the northern terminus of the proposed Temporary Encroachment on Wythe Lane, which will define the City's limits for operation and maintenance of sanitary sewer and water utilities. 10. Further, the applicant assumes all responsibilityfor maintenance of Wythe Lane in the area encompassed by this encroachment and the City of Virginia Beach assumes no further maintenance issues for this portion of Wythe Lane. 11. The applicant assumes all responsibility for maintenance and/or connection with existing and/or future public water and sanitary sewer facilities within the Temporary Encroachment and that any plans must be submitted to the Department of Public Utilities for review. 12. All landscaping materials within the Temporary Encroachment must be approved by the Landscape Services Division of the Department of Parks and Recreation. 13. The applicant must submit for review and approval, a survey of the encroachment area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department, February 22, 2005 - 41 - Item V-J.5.b. ORDINANCES ITEM # 53616 (Continued) 14, The applicant agrees to submit for review and approval, access to the right-of way, including ability to open the gate, by needed Public agencies and Emergency Services. 15. The applicant agrees that this encroachment shall automatically terminate should any or all of the following occur: 1) a residential dwelling is constructed on Lot 44; there ceases to be a unity of use between Lots 11. 43 and 44. 16. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 10-0 (By Consent) Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E, Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel February 22, 2005 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 A PORTION OF THE RIGHT-OF-WAY 6 LOCATED AT 1100 WYTHE LANE BY 7 WINIFRED J. MARQUART AND 8 MICHAEL D. MARQUART, THEIR 9 HEIRS, ASSIGNS AND SUCCESSORS 10 IN TITLE 11 12 WHEREAS, Winifred J. Marquart and Michael D. Marquart desire to install and 13 maintain concrete pavers, stone call box, electrical conduit, columns, and fencing within 14 the City's right-of-way located at 1100 Wythe Lane. 15 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107, 16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 17 City's right-of-way subject to such terms and conditions as Council may prescribe. 18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 That pursuant to the authority and to the extent thereof contained in 99 15.2- 21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Winifred J. Marquart and 22 Michael D. Marquart, their heirs, assigns and successors in title are authorized to 23 construct and maintain a temporary encroachment for concrete pavers, stone call box, 24 electrical conduit, columns and fencing in the City's right-of-way as shown on the map 25 entitled: "EXHIBIT PLAT SHOWING ENCROACHMENT OF DRIVEWAY, COLUMNS & 26 FENCING IN WYTHE LANE RIW NORTH L1NKHORN PARK M.B. 7 P. 144 BY 27 WINIFRED J. MARQUART VIRGINIA BEACH, VIRGINIA" SCALE: 1" = 30' JUNE 4, 28 2004, a copy of which is on file in the Department of Public Works and to which 29 reference is made for a more particular description; and 30 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 31 subject to those terms, conditions and criteria contained in the Agreement between the 32 City of Virginia Beach and Winifred J. Marquart and Michael D. Marquart, (the 33 "Agreement"), which is attached hereto and incorporated by reference; and 34 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 35 is hereby authorized to execute the Agreement; and 36 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 37 time as Winifred J. Marquart and Michael D. Marquart, and the City Manager or his 38 authorized designee execute the Agreement. 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the 40 ~rad day of _F..e.l?x.\!ax"y_, 2005. 41 42 APPROVED AS TO CONTENTS ~ ~UR~ drMs~ 45 Ph) Red C!;fa1i 46 DEPARTMENT 47 48 49 50 51 52 53 54 ~ ~ h ..... ~ '" :t >c: -lJ l() ..r I- a -.J .31/~a 3. <!fo~ ~& ~ 2 < :I: 2 ~~ .,...- I.LJ cO ~~ o.z 00 n:n: 0._ co ~ ii: t- (!) Z ~ U ~ z :c ~ ~ ~ ~~ o c=d a::a.. a:: z~ u en Wo:::..... ~Z z ZOo m W lL. :E z <( J: a... >- :c 0 ::> - ....J ~ " rn xC,!)....J Z Wz 0 W:J ~ ;: () ~J:~ o ~ :::c >=' 0 en ~ z t- ~ <( - ....J (Y a. , in ~ I.L.I z~ ~, a::: I.L.I ~a l ._, ...-t o o '" <( ...-t- ~zw ct:-z <(CI::J ::Jct:~ 0- J ct:> <( . ~~ .<( JW orno w<(1"1 ct:- lL.zl/ z CI. 3:ct:~ > W ---1 <( () (f) ~ -1 -t' III u; ~~ 0:: aN W 0::< W..JZN Z <_I') n.C3z~ii5 ::>zg:>J, ..Jw 0 -N ..J u :r' -t' <(oi'$l-~~ (9 en ~ 1Il t:- O:: ... < ~ ~~ ~ I')~ 0:: :> => en PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES 58.1-811(e) (3) THIS AGREEMENT, made this JitL day of December , 2004, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and, WINIFRED J. MARQUART AND MICHAEL D. MARQUART, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Sites 42 and 43 North Linkhom Park" and are closely associated as members/managers of Windmark Real Estate, LLC, the record owner of that certain lot, tract, or parcel of land designated and described as "Lot 44 and "Jib Lot" North Linkhom Park" as shown on that plat entitled "MAP OF NORTH LINKHORN PARK PROPERTY OF NORTH LINKHORN PARK INC. PRINCESS ANNE CO, VA. GUY WEBB GENERAL AGI. SCALE I" = 100' - MARCH, 1926." as recorded in Map Book 7 Page 144 in the Clerk's Office of the Circuit Court in the City of Virginia Beach, Virginia, and being further designated and described as 1100 Wythe Lane, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain concrete pavers, stone call box, electrical conduit, columns and fencing, "Temporary Encroachment", in the City of Virginia Beach; GPIN 2418-36-8529-0000 GPIN 2418-46-0708-0000 GPIN 2418-36-8883-0000 1 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as Wythe Lane "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 constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "EXHIBIT PLAT SHOWING ENCROACHMENT OF DRIVEWAY, COLUMNS & FENCING IN WYTHE LANE R/W NORTH LINKHORN PARK M.B. 7 P. 144" a copy of which is attached hereto as EXHIBIT "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from The Encroachment Area in the event of an emergency or public necessity. 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 2 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 attorneys' fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in The Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except in the area specifically identified as "PROPOSED CONCRETE PAVERS WITH BRICK EDGING, W=16'" on Exhibit A, a copy of which is attached to this agreement and to which reference is made on Page 2 of this agreement. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. 3 It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post a bond or other security, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Grantee assumes all responsibility for construction of a new manhole at the northern terminus of the proposed Temporary Encroachment on Wythe Lane, which will define the City's limits for operation and maintenance of sanitary sewer and water utilities. It is further expressly understood and agreed that the Grantee assumes all responsibility for maintenance of Wythe Lane in the area encompassed by this encroachment and that the City of Virginia Beach assumes no further maintenance issues for this portion of Wythe Lane. It is further expressly understood and agreed that the Grantee assumes all responsibility for maintenance and/or connection with existing and/or future public water and sanitary sewer facilities within the Temporary Encroachment and that any plans must be submitted to the Department of Public Utilities for review. 4 It is further expressly understood and agreed that all landscaping materials within the Temporary Encroachment must be approved by the Landscape Services Division of the Department of Parks and Recreation. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the Grantee must submit for review and approval, access to the right-of-way, including ability to open the gate, by needed Public agencies and Emergency Services. It is further expressly understood and agreed that this encroachment shall automatically terminate should any or all of the following occur: 1) a residential dwelling is constructed on Lot 44 (GPIN 2418-46-0708-0000), 2) there ceases to be a unity of use between Lots 42, 43 and 44. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is 5 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, Winifred J. Marquart and Michael D. Marquart, the said Grantee has caused this Agreement to be executed by their signature and the said Windmark Real Estate, L.L.C., has caused this agreement to be executed on its behalf by Michael D. Marquart, Managing Member of Windmark Real Estate, L.L.C., a limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia has caused this agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk 6 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this , 2004, by DESIGNEE OF THE CITY MANAGER. My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: day of , CITY MANAGER/AUTHORIZED Notary Public The foregoing instrument was acknowledged before me this day of , 2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: STATE OF VIRGINIA CITY/~ OF VIRGINIA BEACH , to-wit: Notary Public The foregoing instrument was acknowledged before me this 8th day of December ,2004, by Winifred J. Marquart. My Commission Expires: August 31, 2006 STATE OF VIRGINiA CITY/~Y OF VIRGINIA BEACH , to-wit: _Aylfi~}/ lt7talU Notary Public The foregoing instrument was acknowledged before me this 8th day of December ,2004, by Michael D. Marquart. My Commission Expires: August 31, 2006 7 STATE OF VIRGINIA CITY/~~ OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 8th day of December , 2004, by Michael D. Marquart, Managing Member on behalf of Windmark Real Estate, L.L.C. A Ji L;lj)[//& _ .)/J.. ., 7 i C:1 Notary Public My Commission Expires: August 31, 2006 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFIECIENCY AND FORM ~Pa~ ;j~.~.JdL-- SIGNATURE //# ~/M~ I DEPARTMENT 8 CIl C ~ ;0 ;0 '" ;;; 9", -< ~'" 0 >:!l ;0 Ql!lBl CIlG) ,j.i!;-l~> "';:z:o r "'.OlTlr '1'~5 ~C ~~~-"tJ "'-> Z '" ~,... ITI >:0 ITI '" 0 ;0 ~€; sn Ul .,. r ~ o , '1J ...0 r - )> ~ ~ ~ ~ < Z ~ CJ) ;~~ ;J~ ~Z ~ C"J>/TI Corrrl 0 . /TI C?CDO . z r G)X /TII:.-CD......^r-CO I f;' -<""U:C)> z 3:: IJ rrI CD IS:: .02 2 Z-i ~ ~ ~;orrl CJ) () 1:.-<0 tz :::0 c::oc :::0 ~ 0 z G) )> -0, ,,_ )> /TIZ~ )>:E () ~ )> ;0 ;:::!::J: - ^ ... 2 3:: Q rrI 2 2 G) -f I\,) o o ~ ~ 8~~ 7-IO~t DJ?, t.t '@~ fT1 :::0 ~s: '-' Z fT1 :t '.1!. & r ... :;;: :3 -"U ::0::0 00 Z"U ~m nO m...... - ~~ -Q n:I: > C ~'<> ;:t^/ ,44 <:5 c/' \~~ 00 c- m '" ?< " }> r;; ;:: '" Z -l ITI"U"U 0>::0 Q~O z::o"U 'p(I)~ m :e~o !.:i!n en 0 -mZ ::on -::0 Om ^iT! r o ---i -J:>. -J:>. r o -/ -J:>. N ~ '?, "[jl o. ~ \.", UI ~ Ll .~ r o -i ..po. IN r o ---i -J:>. CJ1 tr, :>( :t ...... ~ ""- ~ - ... ~ ~ \ ~\ \\0. ~~~6:~ -r:r!J '\ \ ..:::./ '\ - L1NKHORN BAY LOCATION MAP SHOWING ENCROACHMENT REQUESTED BY WINIFRED J. MARQUART AND MICHAEL J. MARQUART FOR A STONE COLUMNS, GATE, AND CONCRETE PAVERS ENCROACHMENT 1100 WYTHE LANE GPIN 2418-36-8529 SCALE: 1" = 200' MARQUARTDGN M.j.S. PREPARED BY P;W ENG. CADD DEPT. JUNE 2003 - 42- Item V-J. 6. ORDINANCES ITEM # 53617 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to A UTHORIZE acquisition of property in fee simple for easements by agreement or condemnation re right-ol-way for Shipps Corner Road Bridge replacement Voting: 10-0 (By Consent) Council Members Voting Aye: Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel February 22, 2005 1 2 3 4 5 6 7 8 WHEREAS, in the opinion ofthe Council ofthe City of Virginia Beach, Virginia, a public AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR SHIPPS CORNER ROAD BRIDGE REPLACEMENT PROJECT CIP 2-007 EITHER BY AGREEMENT OR CONDEMNATION 9 necessity exists for the construction of this important roadway project to improve transportation 10 within the City and for other related public purposes for the preservation ofthe safety, health, peace, 11 good order, comfort, convenience, and for the welfare ofthe people in the City of Virginia Beach. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 Section 1. That the City Council authorizes the acquisition by purchase or condemnation 15 pursuant to Sections 15.2-1901, et seq., Sections 33.1-89, et seq., and Title 25.1 of the Code of 16 Virginia of 1950, as amended, of all that certain real property in fee simple upon which such rights of 17 way shall be located, (the "Property"), as shown on the plans entitled "Shipps Corner Road Bridge 18 Replacement C.I.P. 2-007 ," (the "Project") and more specifically described on the acquisition plats 19 for the Project (plats and plans collectively referred to as the "Plans"), the Plans being on file in the 2 0 Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. 21 Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf 22 ofthe City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners 23 or persons having an interest in said Property. If refused, the City Attorney is hereby authorized to 24 institute proceedings to condemn said Property. 25 F~lJL uary Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd ,2005. day of 26 27 28 29 30 CA 9476 31 PREPARED: January 5, 2005 32 x:\Projects\CIP Projects\Shipps Comer Bridge 2-007 ..... ... r--- ----- '" 33 , 34 APPROVED AS TO CONTENT 35 36 ~~~~ ~~ 37 38 Pw K6?/ t-s1cJi 39 DEPARTMENT 40 41 42 APPROVED AS TO LEGAL 43 SUFFICIENCY AND FORM 44 45 ~!kt ~, . ~ 46 CITY ATTORNEY 47 , LOCATION MAP FOR SHIPPS CORNER ROAD BRIDGE REPLACEMENT CIP-2-007 SCALE: 1" = 400' X: /PROJECTS /AGENDA MAPS /SHIPPS CORNER /SHIPPS CORNER.DGN M.J.S, PREPARED BY PM' ENG. CADD DEPT, FEBRUARY 1,2005 - 43- Item V-L. PLANNING ITEM # 53618 1. CARLTON E. AND LAURA R. SEAY VARIANCE 2. FIVE DOG NIGHT, L.L.C CONDITIONAL USE PERMIT 3. KENNETH A. HALL FAMILY LIMITED PARTNERSHIP CONDITIONAL USE PERMIT 4. GEORGE B. AND EDNA F. PAULMINO CONDITIONAL USE PERMIT 5. SBA COMMUNICATIONS, INC CONDITIONAL USE PERMIT 6. REED ENTERPRISES CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT 7. AEG PROPERTIES, L.L.C CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT 8. ATLANTIC ENTERPRISES, INC STREET CLOSURE 9. THE TAYLOR GROUP, L.L.L.P., Claude B. Brown, Betty B. and R. Edward Bourdon, Jr. STREET CLOSURE CONDITIONAL USE PERMIT February 22, 2005 - 44- Item V-K.. PLANNING ITEM # 53619 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED IN ONE MOTION Items 1, 2,3,6, 8 and, 9 o!the PLANNING BY CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel Council Members McClanan and Schmidt voted NAY on Item K.1. (Seay) Council Lady McClanan voted NAY on Item K.6. (Reed Enterprises, Inc.) February 22, 2005 - 45 - Item V-K.1. PLANNING ITEM # 53620 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED a Variance to ~4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for CARLTON E. and LAURA R. SEAY: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Carlton E. & Laura R, Seay. Property is located at 1301 Harris Road (GPIN 14889911730000). DISTRICT 5 -LYNNHAVEN The following conditions shall be required: 1. The parcels shall be substantially subdivided and recorded as depicted on the Plat entitled "Subdivision Plant of Parcel B Subdivision Plat ofSeay Property" prepared by MSA, P. C. dated August 2, 2004. 2. A one-foot "no ingress/egress" easement shall be placed along the Harris Roadfrontage of Parcel B-1. 3. No development for either a principal structure or an accessory structure shall occur within the seaward fifty (50) feet of the Chesapeake Bay Preservation Resource Protection Area. Voting: 8-2 (By Consent) Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, RonA. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McC/anan and Peter W Schmidt Council Members Absent: Harry E. Diezel February 22, 2005 - 46- Item V-.K.2. PLANNING ITEM # 53621 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon application of FIVE DOG NIGHT, L.L. C. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF FIVE DOG NIGHT, LLC. FOR A CONDITIONAL USE PERMIT FOR A COMMERCIAL KENNEL R020531229 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Five Dog Night, L.L. C. for a Conditional Use Permit for a commercial kennel on property located at 2901 Shipps Corner Road (GPIN 14954669610000). DISTRICT 6 -BEACH The following conditions shall be required: 1. The site shall be developed in substantial conformance with the submitted concept plan entitled, "Preliminary Layout for Animal Kennel, 2901 Shipps Corner RD, dated 11/1/04, prepared by Site Improvement Associates, Inc., with the ingress/egress at Shipps Corner Road limited to a right-in and a right-out ingress/egress and subject to approval by the Department of Public Works, Traffic Engineering. 2. When the buildings are constructed on the property, they shall all be in substantial conformance with the elevations entitled, "Proposed Elevations of Johnson Kennels, "prepared by Martin & Martin Architecture, Inc., dated December 2004, in terms of building materials, architectural design and color scheme. 3. A reservation of26.5 feet shall be depicted on thefinal site plan along Shipps Corner Road. All structures shall meet the minimum required setback from the reservation line. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance, Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of February Two Thousand Four February 22, 2005 - 47- Item V-K.2. PLANNING ITEM # 53621 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel February 22, 2005 - 48- Item V-K.3. PLANNING ITEM # 53622 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon application of KENNETH A. HALL FAMILY LIMITED PARTNERSHIP for a Conditional Use Permit: APPLICATION OF THE KENNETH A. HALL FAMILY LIMITED PARTNERSHIP FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND SERVICE R020531230 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Application of The Kenneth A, Hall Family Limited Partnership for a Conditional Use Permit for motor vehicle sales and service on property located at 4372 Holland Road (GPIN 14768709760000). DISTRICT 3 - ROSE HALL The following conditions shall be required: 1. All improvements shall substantially adhere to the exhibit entitled "Exhibit of Proposed Additions to Hall Mazda" dated 11/01/04 prepared by MSA, P.e., which is on file with the Virginia Beach Planning Department. 2. The proposed elevation shall substantially adhere to the submitted drawing entitled "Building Renovations and Addition for Hall Mazda" dated 1 0/22/04 prepared by Covington Hendrix Architects, which is on file with the Virginia Beach Planning Department, 3. No loud speakers or outdoor speaker system shall be permitted on site and any existing outdoor speaker systems shall be removed. 4. All parking lot lighting shall be designed to prevent direct illumination, reflection and/or glare toward surrounding properties and city streets. Lighting shall be directed to the interior of the site and not reflect out horizontally or toward the sky. 5. No pennants, streamers, balloons, portable signs, banners, or other devices designed to attract attention to the business, beyond the signs allowed by the City Zoning Ordinance and the display of vehicles, shall be displayed on site or the vehicles, February 22,2005 - 49- Item V-K.3. PLANNING ITEM # 53622 (Continued) 6. Vehicles shall be parked within designated areas and no vehicles shall be parked or displayed within any portion of any public right-of-way or in any landscaped area. No vehicles shall be displayed on ramps. Vehicles shall not be used as barriers to prevent ingress or egress of the site. Storage of vehicles awaiting sale shall not obstruct Fire Department access to the site. 7. All required parking shall be depicted on the final site plan. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance, Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of February Two Thousand Four Voting: 10-0 (By Consent) Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel February 22,2005 - 50- Item V-K.4. PLANNING ITEM # 53623 The following registered in SUPPORT: Fred Virtuccio, Business Partner, 5556 Paca Lane, Phone: 519-9100 GeorgeB. Paulmino, 1236 Kempsville Road, Phone: 962-7218 Charles Curtis, (representing mother, Marjorie Curtis, of 1232 Kempsville Road), 4928 Rachel Street, Phone: 497-7438, advised the applicant had agreed to install a 6foot vinylfence around the housing for seniors and disabled persons The following registered in OPPOSITION: Joyce Trower, 1228 Kempsville Road, Phone: 495-7004 Rick West, 5220 Sharon Drive, Phone: 495-0740 Upon motion by Councilman Villanueva, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of GEORGE B. & EDNA F. PAULMINO for a Conditional Use Permit ORDINANCE UPON APPLICATION OF GEORGE B. & EDNA F. PAULMINO FOR A CONDITIONAL USE PERMIT FOR HOUSING FOR SENIORS AND DISABLED PERSONS R020531231 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of George B. & Edna F. Paulmino for a Conditional Use Permit for housingfor seniors and disabled persons on property located at 1236 Kempsville Road (GPIN 14654913970000), DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. The Conditional Use Permit shall be for provision of 8 bedrooms for assisted living care for up to eight (8) individuals 62 years of age and older. 2. The building shall be protected by centrally monitored alarm systems. Bedrooms and bathrooms shall be served by a centrally monitored call-for-aid system, 3. An automatic domestic fire alarm system and residential fire suppression system, meeting the approval of the Virginia Beach Office of Fire / Plans Review and the City Fire Protection Engineer, shall be required for the safety of the residents, 4, The house numbers on the front of the residence shall remain clearly visible and unobstructed at all times so that emergency personnel can quickly find the house. 5. Sign age shall be clearly marked and consistent in color with the primary building colors. Signage is limited to one (1) located on the building no more than four (4) square feet. February 22, 2005 - 51 - Item V-K.4. PLANNING ITEM # 53623 (Continued) 6, Provide landscape screening and a six (6) foot vinyl privacy fence between adjacent residential and the proposed facility. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of February Two Thousand Four Voting: 6-4 Council Members Voting Aye: Robert M. Dyer, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox and James L. Wood Council Members Absent: Harry E. Diezel February 22, 2005 - 52- Item V-K.5. PLANNING ITEM # 53624 The following registered in SUPPORT: C.E. Forehand, 219 Sir Oliver, Norfolk, represented the applicant - SBA Communications, Inc, William P. Bailey, 4841 Rosecrofl Street, Phone 495-0637, President Virginia Beach Fire Fighters Association Upon motion by Councilman Reeve, seconded by Councilman Maddox, City Council ADOPTED an Ordinance upon application of SBA COMMUNICATIONS, INC.for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SBA COMMUNICATIONS, INC. FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER R020531232 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of SBA Communications, Inc. for a Conditional Use Permit for a communication tower on property located at 2165 Pungo Ferry Road (GPIN 23095107360000). DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1, The proposed tower must be developed as a monopole structure not to exceed 199 feet USL. in overall height. 2. The applicant shall purchase and install a tower capable of accommodating additional users, 3. Limits of clearing for the initial tower construction shall be limited to the eastern half of the area inside the fence. The area west of the access road, within the fifty (50) foot tower setback shall not be cleared until a detailed site plan for a third provider is approved. 4. The gravel parking spaces shown on the site plan shall be relocated to the eastern side of the access road. The existing trees on the western side of the access road must be preserved, 5. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users. February 22, 2005 - 53- Item V-.K.5. PLANNING ITEM # 53624 (Continued) 6. In the event interference with any City emergency communications facilities arises from the user of this tower, the user shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 7, In the event that the tower is inactive for a period of one (I) year, it must be removed at the applicant's expense. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of February Two Thousand Four Voting: 9-1 Council Members Voting Aye: Robert M Dyer, Vice Mayor Louis R, Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: Harry E. Diezel February 22, 2005 - 54- Item V-K. 6. PLANNING ITEM # 53625 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED Ordinances upon application of REED ENTERPRISES, INC. for a Conditional Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF REED ENTERPRISES, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 AGRICULTURAL DISTRICT TO CONDITIONAL B-2 COMMUNITY BUSINESS DISTRICT Z02051215 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Reed Enterprises, Inc, for a Chanrze of Zoning District Classification from AG-2 Agricultural District to Conditional B-2 Community Business District on property located on the southeast side of Dam Neck Road, approximately 290 feet south of Holland Road (GPINS 14951451250000; 62220000; -70200000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. DISTRICT 7 - PRINCESS ANNE The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. ORDINANCE UPON APPLICATION OF REED ENTERPRISES, INC. FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR ESTABLISHMENT R020531233 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Reed Enterprises, Inc, for a Conditional Use Permit for an automobile repair establishment on property located on the southeast side of Dam Neck Road, approximately 290 feet south of Holland Road (GPINS 14951451250000; -62220000; -70200000). DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. An access/cross reciprocal easement between the proposed development and the existing service station to the north and the property to the south shall be depicted on the final site plan. February 22,2005 - 55 - Item V-X. 6. PLANNING ITEM # 53625 (Continued) 2. The ingress/egress configurations for both Holland and Dam Neck Roads shall be subject to approval by the Department of Public Works, Traffic Engineering. 3. A photometric diagram plan shall be submitted to the Planning Department at the time affinal site plan review. Said plan shall include the location and height of all lighting poles and the location of all building mounted fixtures. The lamp type, wattage and type of fixture shall also be depicted on the plan. These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of February Two Thousand Four Voting: 9-1 (By Consent) Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: Harry E. Diezel February 22, 2005 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6021 DATE: January 20,2005 TO: Leslie L. Lilley William M. Macali f}f- DEPT: City Attorney FROM: DEPT: City Attorney RE: Conditional Zoning Application - Reed Enterprises, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 22,2005. I have reviewed the subject proffer agreement, dated November 29, 2004, 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. WMMInlb Enclosure cc: Kathleen Hassen > r -~ REED ENTERPRISES, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 29th day of November, 2004, by and between REED ENTERPRISES, INC., a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of three (3) contiguous parcels of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 1.72 acres as more particularly described in Exhibit "A" attached hereto ana. incorporated herein by this reference (the "Property"); and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-2 Agricultural District to Conditional B-2 Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and PREPARED BY: ISYrfS, ROVRDON. GPIN: 1495-14-5125 AlIfRN & llVY. P.C 1495-14-6222 1495-14-7020 1 ~ - PREPARED BY: BB SYJ([S. nOURDON. mAHfRN &: LM. P.C WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its goveming body and without any element of compulsion or Quid pro QUO for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govem the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "PRELIMINARY PLAN FOR AUTOMOTIVE SERVICE FOR LOT 48 AND 49 & 50 S.W. CORNER HOLLAND AND DAM NECK ROADS FOR REED ENTERPRISES, INC.", prepared by Land Design and Development, Inc., dated 13, Nov. '04, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. The exterior of the building depicted on the Site Plan shall be substantially similar in appearance to the elevations shown on the exhibit entitled "NEAL REED PROJECT - AUTO SERVICE CENTER, HOLLAND ROAD & DAM NECK ROAD, VIRGINIA BEACH, VIRGINIA (PG A-2), dated 9-29-04, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevation"). 2 . - PREPARED BY, 3. When the Property is developed, it shall be landscaped consistent with the detailed "LANDSCAPE PLAN FOR AUTOMOTIVE SERVICE FOR LOT 48 AND 49 & 50 S.W. CORNER HOLLAND AND DAM NECK ROADS FOR REED ENTERPRISES, INC.", prepared by Kathleen Zeren, dated 11/19/04, which has been exhibited to the Virginia Beach City Council and is on me with the Virginia Beach Department of Planning (hereinafter "Landscape Plan"). 4. The freestanding sign depicted on the Site Plan shall be brick based monument style sign no greater than eight feet (81 in height. 5. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the goveming body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of mm SYliS. ROURDON. m AHrnN & lIVY. P.c. 3 PREPARED BY: lID Syn:s. ROURDON. .. AIIrnN & LM. P.c. Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the goveming body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 4 PREPARED BY: II sms. ROURDON. AHrnN & llVY. P.C WITNESS the following signature and seal: STATE OF VIRGINIA CI1Y OF VIRGINIA BEACH, to wit: GRANTOR: REED ENTERPRISES, INC., a Virginia corporation (SEAL) The foregoing instrument was acknowledged before me this 30th day of November, 2004, by Neal Reed, President of Reed Enterprises, Inc., a Virginia corporation, Grantor. A~~/ It! i17C;/4fM Notary Public My Commission Expires: August 31, 2006 5 EXHIBIT "A" PARCEL 1: All of that certain lot, piece or parcel of land together with the buildings and improvements thereon, lying, situate in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot 32, on a plat by J.E. Old, Surveyor, containing 3-14/ 100 acres, more or less, and of record in Map Book 6, at Page 81, in the Clerk's Office of the Circuit Court of the City of Virginia Beach. LESS, SAVE AND EXCEPT, that portion of the lot containing 1.07 acres conveyed by Deed dated April 6, 1961, and recorded in the aforesaid Clerk's Office in Deed Book 676, at Page 326, a plat of which excepted property is recorded in Map Book 52, at Page 17. LESS, SAVE AND EXCEPT that portion of the lot conveyed to Maggie Irene Parker by Deed recorded in the aforesaid Clerk's Office in Deed Book 972, at Page 659. LESS, SAVE AND EXCEPT that portion of the lot conveyed to Herman Jackson Butts, by Deed recorded in the aforesaid Clerk's Office in Deed Book 862, at Page 680, and a plat of which is recorded in Map Book 62, at Page 33. LESS, SAVE AND EXCEPT that portion of the lot which was conveyed to the City of Virginia Beach, by Deed recorded in Deed Book 2621, at Page 1526 and shown in that certain plat recorded in Deed Book 2564, at Page 790. GPIN: 1495-14-5125 PARCEL 2: ALL THAT certain tract, piece or parcel of land, situate, lying and being in Seaboard Magisterial District of Princess Anne County, Virginia, being shown upon that certain plat entitled "PROPERTY OF JOSEPHINE HUNTER LOCATED NEAR LANDTOWN - PRINCESS ANN CO., VA" made by W.B. Gallup, Surveyors, on March 29, 1961; said tract, piece or parcel of land being designated on said plat "JOSEPHINE HUNTER TO LOUIS PARKER, SR. AND IRENE PARKER, 1.07 Ac. - Northem 1/3 of Tract No. 32". TOGETHER with all and siilgular the buildings and improvements thereon, the rights and privileges, tenements, hereditaments, easements and appurtenances unto the said land belonging or in anywise appertaining. PREPARED BY: GPIN: 1495-14-6222 IBID SYJ(IS. BOURDON. BII AHrnN & llVY. P.c. 6 PARCEL 3: ALL THAT certain lot, piece or parcel of land, situate, lying and being in the Princess Anne Borough of the City of Virginia Beach, Virginia, and known, numbered and designated as Parcel "A" shown upon that certain plat of land entitled "SUBDIVISION OF PROPERTY OF JOSEPHINE HUNTER" located near Landstown, Princess Anne Borough, Virginia Beach, Virginia, dated April 6, 1964 and made by W. B. Gallup, Surveyor, more particularly described as follows: BEGINNING at a point on the northern line of the southern one-third of Tract 132, which point is distant 248.24 feet East of Landstown Road and from said point of beginning running N. 32 degrees 22' E. a distance of 100 feet to a pin; from said pin running S. 57 degrees 38' E. a distance of 214.03 feet to a pin; from said pin running S. 28 degrees 03' W. a distance of 100.28 feet to a pin; from said pin running along the northern line of the southern one-third of Tract No. 32 N. 57 degrees 38' W. a distance of 221.57 feet to a pin which last mentioned pin is the point of beginning. GPIN: 1495-14-7020 CONDITIONALREZONE/REEDENTERPRISES/PROFFER3 REV. 11/29/04 PREPARED BY: lIB Sms. ROURDON. .. AIIrnN & llVY. P.C 7 - 56- Item V-K. 7 PLANNING ITEM # 53626 Attorney R. E. Bourdon, Phone: 499-8971, represented the applicant Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council ADOPTED Ordinances upon application of AEG PROPERTIES, L.L. C. for a Conditional Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF AEG PROPERTIES, L.L. C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 & AG-2AND R-20 TO CONDITIONAL 1-1 Z02051216 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of AEG Properties, L.L. C. for a Change of Zoning District Classification from AG-1 & AG-2 Agricultural Districts and R-20 Residential District to Conditional 1-1 Light Industrial District on property located on the North side of London Bridge Road, approximately 1700 feet East of Harpers Road (GPINS 24053232110000 - part of; 24054236330000 - part oj). The purpose of the zoning change is to develop office-warehouse units. The Comprehensive Plan designates this area as Strategic Growth Area 10, suitable for mid-rise office and light industrial uses consistent with the policies of the Comprehensive Plan. DISTRICT 7 - PRINCESS ANNE The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. AND, ORDINANCE UPON APPLICATION OF AEG PROPERTIES, L.L. C. FORA CONDITIONAL USEPERMITFORBULKSTORAGE (BOATS AND RV'S) R020531234 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of AEG Properties, L.L. C. for a Conditional Use Permit for bulk storage (boats and R V's) on property located on the North side of London Bridge Road, approximately 1700 feet East of Harpers Road (GPINS 24053232110000 - part of; 24054236330000 - part oj). DISTRICT 7 - PRINCESS ANNE February 22, 2005 - 57- Item V-K. 7 PLANNING ITEM # 53626 (Continued) The following conditions shall be required: Within the 30-foot wide landscape area depicted along the eastern propertv line adjacent to the area noted as "BOAT and RV YARD, "on the conceptual site lavout plan entitled, "AEG London Bridee Propertv" prepared bv MSA. P.G.. dated November 11, 2004, the applicant shall install a berm with the following characteristics: L The berm shall be located immediatelv adjacent to the storaee area L The berm shall be a minimum of three (3) feet in height L The berm shall have an eight (8) foot high solid privacv fence alone the top of the berm L The remaining buffer area to the east of the berm shall be planted with both deciduous and everJ?reen veJ?etation consistine of both trees and shrubs and shall be installed in an undulatine desien in an effort to mimic natural conditions but should form a solid screen at time of maturity. L The berm and associated landscaping along with the fence detail shall be depicted on a landscape plan and shall accompanv the final site plan for review bv the Plannine Director. These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of February Two Thousand Four Voting: 9-1 Council Members Voting Aye: Robert M Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: Harry E. Diezel February 22, 2005 ( ( AEG PROPERTIES, L.L.C., a Virginia limited liability company THE TAYLOR GROUP, L.L.L.P., a Virginia limited liability limited partnership TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 26th day of March 2004, by and between AEG PROPERTIES, L.L.C., a Virginia limited liability company, Grantor, party of the first part; THE TAYLOR GROUP, L.L.L.P., a Virginia limited liability limited partnership, Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of a certain parcel of property located in the Beach District of the City of Virginia Beach, containing approximately 16.65 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the party of the first part, being the contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-20 Residential District to I-I Industrial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: PART OF 2405-32-3211 PART OF 2405-42-3633 PREPARED BY: SYKES BOURDON, AHERN & LEVY, P.C. 281 INDEPENDENCE BLVD. PEMBROKE ONE BUILDING, THE FIFTH FLOOR VIRGINIA BEACH, VIRGINIA 23462 1 WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or auid pro auo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed into no more than four (4) parcels substantially as shown on the exhibit entitled "REZONING EXHIBIT FOR AEG LONDON BRIDGE PROPERTY, London Bridge Road, Virginia Beach, Virginia", dated 3/24/04, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Subdivision Plan"). 2. When the Property is developed, a coordinated plan of vehicular access, parking and landscaping shall be constructed and installed, as depicted on the exhibit 2 ( entitled, "CONCEPTUAL SITE LAYOUT PLAN OF AEG LONDON BRIDGE PROPERTY, London Bridge Road, Virginia Beach, Virginia," dated 3/24/04, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Concept Plan"). 3. When the parcel designated "5.35 AC" on the Subdivision Plan is developed, the building locations, setbacks, parking, landscaping and drive aisles shall be substantially as depicted on the Concept Plan. 4. When the parcel designated "5.35 AC" on the Subdivision Plan is developed, the exterior of the buildings shall be substantially similar in architectural features, building materials and appearance to the elevations shown on the exhibit entitled, "PROPOSED BUILDING ELEVATION OFFICE WAREHOUSE SITE FOR AEG PROPERTIES" and "PROPOSED BUILDING ELEVATION OFFICE WAREHOUSE SITE BUILDINGS 2 & 3 FOR AEG PROPERTIES", dated 3/26/04, prepared by Porterfield Design Center, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "OfficelW arehouse Elevations"). 5. When the parcel designated "8.57 AC" on the Subdivision Plan is developed, the building locations, setbacks, parking, landscaping, storage yard and drive aisles shall be substantially as depicted on the Concept Plan. The area of this parcel depicted as "Storage Yard" on the Concept Plan shall only be utilized for storage of registered/operable recreation vehicles ("RV"), watercraft, trailers, all terrain vehicles (A TV), motorcycles and motor vehicles. 6. When the parcel designated "8.57 AC" on the Subdivision Plan is developed, the exterior of the buildings shall be substantially similar in architectural features, building materials and appearance to the elevations shown on the exhibit entitled, "PROPOSED BUILDING ELEVATION AAAA SELF STORAGE LONDON BRIDGE ROAD," dated 3/26/04, prepared by Porterfield Design Center, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Mini-Storage Elevations"). 7. When the Property is developed, all freestanding signs shall be no greater than eight feet (8') in height and shall be substantially similar in architectural design, 3 ( ( appearance, and building materials as depicted on the exhibit entitled "MONUMENT SIGN ELEVATION, AAAA Self Storage", prepared by Porterfield Design Center, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Sign Elevation"). 8. When the parcels designated "1.57 AC." and "1.16 AC." on the Subdivision Plan are developed, any buildings shall be substantially similar in architecture to the "Office - Warehouse Elevations" and "Mini-Storage Elevations". Elevations for a proposed building shall be submitted to and approved by the Director of the Virginia Beach Department of Planning prior to issuance of a building permit. 9. When the Property is developed, the parcels shall be subject to the following mandatory site development guidelines: (a) A thirty foot (30') Landscaped setback from London Bridge Road shall be maintained and no improvements, other than freestanding signs, shall be constructed within the Landscape setback. (b) A minimum twenty-five foot (25') Landscaped, side yard setback on the east side of the Property shall be maintained with Category II Landscape Screening. (c) Except where a larger minimum setback IS required In Subparagraph (b) hereof or on the Concept Plan with respect to the "Storage Yard", a minimum ten-foot (10') side yard and rear yard building setback shall be required. (d) No building shall exceed thirty-five feet (35') in height and the primary exterior surface of the front and sides of all buildings shall be either brick, split-face block, stone, or E.I.F.S. and shall be an earth tone color or colors. (e) Any dumpster or other outdoor trash receptacles on the parcel designated "1.16 Ac. on the Subdivision Plan shall be located within fifty feet (50') of both the northern (rear) property line and the western (side) property line. Any dumpster shall be screened by a solid walled and gated enclosure with landscape screening. 4 '. (f) A cross-access and shared maintenance easement shall be established for the drive aisle across the frontage of the parcels. 10. The following land uses shall not be permitted on the Property unless approved by subsequent Modification of these Proffered Covenants, Restrictions and Conditions by the Grantee in accordance with its Comprehensive Zoning Ordinance: a. Airports, heliports and helistops; b. Bingo halls; c. Borrow pits; d. Car wash facilities; e. Childcare and childcare education centers; f. Eating and drinking establishments; g. Firewood preparation facility; h. Hotels and motels; 1. Mobile home sales; J. Personal watercraft rentals; k. Public schools, colleges and universities and private schools, colleges and universities; 1. Public utility transformer stations and major transmission lines and towers; m. Radio or television transmission, cellular telephone antenna and relay stations; n. Satellite wagering facility; o. Vocational, technical, industrial and trade schools. 11. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the R-20 and 1-1 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is 5 ( ( part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 6 WITNESS the following signature and seal: GRANTOR: AEG Properties, L.L.C., a Virginia limited liability company -~_ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 1st day of April, 2004, by W. Whitney Graham, Managing Member of AEG Properties, L.L.C., a Virginia limited liability company, Grantor. ~AylYr /)l.fY)t/ftlM Notary Public My Commission Expires: August 31, 2006 7 '. ( WITNESS the following signatures and seals: GRANTORS: The Taylor Group, L.L.L.P., a Virginia limited liability limited partnership By: LTC Management, Inc., a Virginia corporation, General Partner By: ~ __ 2' ~L. (SEAL) Tomas E. Sny r, Authorized Signatory in the place and stead of Linda T. Chappell, President By: ~ ~ "$::.1 (SEAL) as E Snydqr, Authorized Signatory in the place and stead of Linda T. Chappell, General Partner By: 9~ "1&", cL (SEAL) Barbara T. Creech, General Partner STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Ill'#, &:~, The foregoing instrument was acknowledged before me this l:z....- day of 2004, by Thomas E. Snyder, Authorized Signatory in the place and stead of Linda T. Chappell, President of LTC Management, Inc., a Virginia corporation, General Partner of The Taylor Group, L.L.L.P., a Virginia limited liability limited partnership, Grantor. 4~ /k/'~ Notary Public My Commission Expires: 8'/3//07 8 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: th I1f': f The foregoing instrument was acknowledged before me this --1.!L- day of Ma!eh 2004, by Thomas E. Snyder, Authorized Signatory in the place and stead of Linda T. Chappell, General Partner of The Taylor Group, L.L.L.P., a Virginia limited liability limited partnership, Grantor. My Commission Expires: .4~ tt/311a7 /YJ~ Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: "th A~(; I The foregoing instrument was acknowledged before me this ~ day of March 2004, by Barbara T. Creech, General Partner of The Taylor Group, L.L.L.P., a Virginia limited liability limited partnership, Grantor. -/!. -.d/ran #'~ Notary Public My Commission Expires: f/JI/a7 9 - 58- Item V-K.8. PLANNING ITEM # 53627 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon application of ATLANTIC ENTERPRISES, INC. for the discontinuance, closure and abandonment of a portion of 29 ~ Street: Ordinance upon application of Atlantic Enterprises, Inc. for the discontinuance, closure and abandonment of a portion of 2 9 ~ Street, beginning on the east side of Pacific Avenue and running 136.5 feet in an easterly direction. DISTRICT 6 - BEACH The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlyingfee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. Copies of the policy are available in the Planning Department, 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels, The plat must be submitted and approved for recordation prior to final street closure approval. L There is an existine public six-inch (6") sanitary sewer line within the area proposed for closure. This line does not serve anv customers. Public Utilities (at their expense) shall relocate this line if necessary and provide a new sanitary sewer lateral at the intersection of Pacific Avenue and 29 ~ to serve the proposed Atlantic Enterprises development. !fit is determined that the line should remain in place to serve the new development. a satisfactory easement for the line must be dedicated to the Citv of Vireinia Beach. Atlantic Enterprises shall pav applicable sewer connection fees. 4. A right-of-way dedication for traffic control equipment, satisfactory to the Department of Public Works, at the northwest corner of the property shall be provided on the final street closure plat. 5. The applicant is required to verifY that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are private utilities for Virginia Natural Gas within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. February 22, 2005 - 59- Item V-K.8. PLANNING ITEM # 53627 (Continued) 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one (1) year (February 21,2006) of the City Council vote to close the right-of-way, this approval shall be considered null and void. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance, Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of February Two Thousand Four Voting: 10-0 (By Consent) Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel February 22, 2005 1 2 3 4 ORDINANCE NO. 5 6 7 IN THE MATTER OF CLOSING, VACATING AND 8 DISCONTINUING A PORTION OF THAT CERTAIN 9 STREET KNOWN AS A PORTION OF 29 Yz STREET 10 AS SHOWN ON THAT CERTAIN PLAT ENTITLED 11 "EXHIBIT PLAT SHOWING PORTION OF 20' ALLEY 12 TO BE CLOSED, BLOCK 71, VIRGINIA BEACH 13 DEVELOPMENT COMPANY, MAP NO.3, M.B.4, PT. 2, 14 P. 266, VIRGINIA BEACH, VIRGINIA" 15 16 WHEREAS, Atlantic Enterprises applied to the Council of the City of Virginia 17 Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and 18 WHEREAS, it is the judgment of the Council that said street be discontinued, 19 closed, and vacated, subject to certain conditions having been met on or before one (1) year from 20 City Council's adoption of this Ordinance. 21 22 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 23 Beach, Virginia: 24 25 SECTION I 26 27 That the hereinafter described street be discontinued, closed and vacated, subject 28 to certain conditions being met on or before one (1) year from City Council's adoption of this 29 ordinance: 30 31 32 33 GPIN: 2428-01-6618,2428-01-5548 AND 2428-01-6690 34 1 34 All that certain piece or parcel of land situate, lying and being in 35 the City of Virginia Beach, Virginia, designated and described as 36 "2,730 S.F. OF ALLEY TO BE CLOSED" shown as the cross- 37 hatched area on that certain plat entitled: "EXHIBIT PLAT 38 SHOWING PORTION OF 20' ALLEY TO BE CLOSED, 39 BLOCK 71, VIRGINIA BEACH DEVELOPMENT COMPANY, 40 MAP NO.3, M.BA, PT.2, P.266, VIRGINIA BEACH, 41 VIRGINIA" Scale: 1"= 40', dated August 17,2004, prepared by 42 Gallup Surveyors & Engineers, Ltd" a copy of which is attached 43 hereto as Exhibit A. 44 45 46 SECTION II 47 48 The following conditions must be met on or before one (1) year from City 49 Council's adoption of this ordinance: 50 1. The City Attorney's Office will make the final determination regarding 51 ownership of the underlying fee. The purchase price to be paid to the City shall be determined 52 according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street 53 Closures," approved by City Council. Copies of said policy are available in the Planning 54 Department. 55 2. The applicant shall resubdivide the property and vacate internal lot lines to 56 incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted 57 and approved for recordation prior to final street closure approval. 58 3. There is an existing public six-inch sanitary sewer line within the area 59 proposed for closure. This line does not serve any customers. Public Utilities (at their expense) 60 shall relocate this line if necessary and provide a new sanitary sewer lateral at the intersection of 61 Pacific Ave. and 29 Yz to serve the proposed Atlantic Enterprises development. If it is determined 62 that the line should remain in place to serve the new development, a satisfactory easement for the 2 63 line must be dedicated to the City of Virginia Beach. Atlantic Enterprises shall pay applicable 64 sanitary sewer connection fees. 65 4. A right-of-way dedication for traffic control equipment, satisfactory to the 66 Department of Public Works, at the northwest corner of the property shall be provided on the 67 final street closure plat. 68 5. The applicant shall verify that no private utilities exist within the right-of-way 69 proposed for closure. Preliminary comments from the utility companies indicate that there are 70 no private utilities within the right-of-way proposed for closure. If private utilities do exist, the 71 applicant shall provide easements satisfactory to the utility companies. 72 6. Closure of the right-of-way shall be contingent upon compliance with the 73 above stated conditions within one year of approval by City Council. If all conditions noted 74 above are not in compliance and the final plat is not approved within one year of the City 75 Council vote to close the street, this approval will be considered null and void. 76 77 SECTION III 78 79 1. If the preceding conditions are not fulfilled on or before February 21, 80 2006, this Ordinance will be deemed null and void without further action by the City Council. 81 2. If all conditions are met on or before February 21,2006, the date of final 82 closure is the date the street closure ordinance is recorded by the City Attorney, 83 3. In the event the City of Virginia Beach has any interest in the underlying 84 fee, the City Manager or his designee is authorized to execute whatever documents, if any, that 85 may be requested to convey such interest, provided said documents are approved by the City 86 Attorney's Office. 87 3 87 SECTION IV 88 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 89 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 90 VIRGINIA BEACH as "Grantor" and ATLANTIC ENTERPRISES, INC. as "Grantee," 91 Adopted by the Council of the City of Virginia Beach, Virginia, on this22nd day 92 of February, 2005. 93 94 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF 95 ALL COUNCIL MEMBERS ELECTED TO COUNCIL. 96 97 CA-9255 98 January 26, 2005 99 H:\OID\REAL ESTATE\Street Closure\Atlantic Enterprises,ca925S.0RD,doc 100 ~~~ APP~,g~ED.AS TO CONTENT: 103 ~ ~. ~71 ;';7-,pS- 104 Plann g Department 105 106 107 APPROVED AS TO LEGAL :~~ s~ 111 City Attorney 112 4 30th STREET (60' R/W) (M.B. 4 PT. 2 P. 266) 20' 38' 50' 50' PROPERTY OF A TLANTIC ENTERPRISES, INC. I A VA. CORPORATION Exhibit A D.B. 4157 P. 1887 GPIN: 2428-01-6618 "...... 0... ~ ~ I~ 10 I 9 8 7 ""- f- UJ a::: "0 N ~ .. Q 0 I 2730 S.F. OF ALLEY OC> '<I- '-" TO BE CLOSED ai ~ '- w ALLEY ::> Z PROPERTY OF W > SAMTANI & SAPNA SAMTANI <( D.B. 4195 P. 262 GPIN: 2428-01-5548 AND GPIN: 2428-01-6690 136.50' () 2 lL. 5 4 3 0 <( "0 a.. 0 ~ BLOCK 71 29th STREET (60' R/W) (M.B. 4 PT. 2 P. 266) EXHIBIT PLAT SHOWING PORTION OF 20' ALLEY TO BE CLOSED BLOCK 71 VIRGINIA BEACH DEVELOPMENT COMPANY MAP NO. 3 M.B. 4 PT. 2 P. 266 . VIRGINIA BEACH, VIRGINIA SCALE: 1"=40' AUGUST 17, 2004 GALLUP SURVEYORS & ENGINEERS, L TO. 323 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 (757)428-8132 V..?J?>-5 - 60- Item V-K.9. PLANNING ITEM # 53628 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon application of the TAYLOR GROUP, L.L.L.P., BETTY B. BOURDON, PAUL S. BOURDON AND R. ED WARD BOURDON, JR. for the discontinuance, closure and abandonment of a portion of Old London Bridge Road Ordinance upon Application of The Taylor Group, L.L.L.P., Betty B, Bourdon, Paul S. Bourdon and R. Edward Bourdon, Jr. for the discontinuance, closure and abandonment of a portion of Old London Bridge Road, located east of Harpers Road and extending in a southeasterly direction approximately 3500 feet to the northern right- of way line of London Bridge Road. DISTRICT 6 - BEACH The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee, The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council, Copies of the policy are available in the Planning Department. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant is required to verifY that no private utilities exist within the right-of way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-ofway proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-ofway shall be contingent upon compliance with the above stated conditions within 365 days of approval (February 21, 2006) by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one (1) year of the City Council vote to close the right-of way, this approval shall be considered null and void. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of February Two Thousand Four February 22,2005 - 61 - Item V-.K.9. PLANNING ITEM # 53628 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel February 22, 2005 1 2 ' 3 ORDINANCE NO. 4 5 6 7 IN THE MATTER OF CLOSING, V ACA TING AND 8 DISCONTINUING A PORTION OF THAT CERTAIN 9 STREET KNOWN AS OLD LONDON BRIDGE ROAD 10 AS SHOWN ON THAT CERTAIN PLAT ENTITLED 11 "PLAT SHOWING PROPOSED CLOSURE OF A 12 PORTION OF OLD LONDON BRIDGE ROAD RIGHT- 13 OF-WAY (MB 156, PG 22)(MB XX, PGXX) MAY 23, 14 2003, VIRGINIA BEACH, VIRGINIA" 15 16 WHEREAS, the Taylor Group, L.L.L.P., Claude P. Brown, Betty B. Bourdon, 17 Paul S. Bourdon and R. Edward Bourdon, Jr. (the "Applicants") applied to the Council of the 18 City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, 19 and vacated; and 20 WHEREAS, it was the judgment of the Council that said street be discontinued, 21 closed, and vacated, subject to certain conditions being met on or before November 24, 2004; 22 and 23 WHEREAS, all conditions were not met by November 24, 2004 and the street 24 closure ordinance (Ordinance number ORD-2789I) was unable to be recorded and the approval 25 was considered null and void; and 26 WHEREAS, the Applicants, the Taylor Group, L.L.L.P., Betty B. Bourdon, Paul 27 S. Bourdon and R. Edward Bourdon, Jr. (the said Claude P. Brown died January 11, 2004 and 28 29 GPIN: 2405-51-3413,2405-32-3211,2405-42-5570 and 2405-33-4348 30 1 ~--- 31 devised his interest to Paul S. Bourdon and R. Edward Bourdon, Jr.) still desirous of closing the 32 street, reapplied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter 33 described street discontinued, closed, and vacated; and 34 WHEREAS, it is the judgment of the Council that said street be discontinued, 35 closed, and vacated, subject to certain conditions having been met on or before one (1) year from 36 City Council's adoption of this Ordinance; 37 38 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 39 Beach, Virginia: 40 41 SECTION I 42 43 That the hereinafter described street be discontinued, closed and vacated, subject 44 to certain conditions being met on or before one (1) year from City Council's adoption of this 45 ordinance: 46 47 48 49 50 51 52 53 54 55 56 57 58 59 All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "PORTION OF OLD LONDON BRIDGE ROAD TO BE CLOSED, AREA = 145,977 SF OR 3.351 AC." shown as the cross-hatched area on that certain plat entitled: "PLAT SHOWING PROPOSED CLOSURE OF A PORTION OF OLD LONDON BRIDGE ROAD RIGHT-OF-WAY (MB 156, PG 22)(MB XX, PG XX) MAY 23, 2003, VIRGINIA BEACH, VIRGINIA" Scale: I" = 100', dated OS/23/03, prepared by MSA, P.C., a copy of which is attached hereto as Exhibit A. SECTION II 60 The following conditions must be met on or before one (1) year from City 61 Council's adoption of this ordinance: 62 1. The City Attorney's Office will make the final determination regarding 63 ownership of the underlying fee. The purchase price to be paid to the City shall be determined 2 64 2. The applicant shall resubdivide the property and vacate internal lot lines to 65 incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted 66 and approved for recordation prior to final street closure approval. 67 3. The applicant shall verify that no private utilities exist within the right-of-way 68 proposed for closure. Preliminary comments from the utility companies indicate that there are 69 no private utilities within the right-of-way proposed for closure. If private utilities do exist, the 70 applicant shall provide easements satisfactory to the utility companies. 71 4. Closure of the right-of-way shall be contingent upon compliance with the 72 above stated conditions within one year of approval by City Council. If all conditions noted 73 above are not in compliance and the final plat is not approved within one year of the City 74 Council vote to close the street, this approval will be considered null and void. 75 76 SECTION III 77 78 1. If the preceding conditions are not fulfilled on or before February 21, 79 2006, this Ordinance will be deemed null and void without further action by the City Council. 80 2. If all conditions are met on or before February 21, 2006, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 3. In the event the City of Virginia Beach has any interest in the underlying 83 fee, the City Manager or his designee is authorized to execute whatever documents, if any, that 84 may be requested to convey such interest, provided said documents are approved by the City 85 Attorney's Office. 86 3 89 SECTION IV 90 A certified copy of this. Ordinance shall be filed in the Clerk's Office of the 91 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 92 VIRGINIA BEACH as "Grantor" and THE TAYLOR GROUP, L.L.L.P., BETTY B. 93 BOURDON, PAUL S. BOURDON and R. EDWARD BOURDON, JR. as "Grantee." 94 Adopted by the Council of the City of Virginia Beach, Virginia, on this? ?nd day 95 of February ,2005. 96 97 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF 98 ALL COUNCIL MEMBERS ELECTED TO COUNCIL. 99 100 101 CA-9464 102 Date: January 20, 2005 103 H:\OID\REAL ESTATE\Street Closure\Taylor Group, LLLP.ca9464.0RD.doc 104 105 APPROVED AS TO CONTENT: 106 107 108 109 110 111 APPROVED AS TO LEGAL 112 SUFFICIENCY: 113 ~/ fO) ::~ VJ Ci~~';y :'/. ~ 116 4 DENOfal'OfllDf QFCUJ t___ ", I/E LlLlSlZl MIrA - I~'" SF DIP .1.J61 Ae -('" ,......, .i . i.1 ;"iti ';:ii.~~ ., :".~,"'., .'~~l;.~...'. ..:),:," " I;..... , N ~ - 8 m ~ ~ ! ~l 0( ::I . JOBH 00028 DA TE: OS/2.3/0.3 EXHIBIT A -. IHC /'A "-DIP IllflVl /P (DIII14 ~ 1101) (1M 164 ~:;j IW"~ ~""'!JS, _01''''-- 1Ht' TA "-DIP IllflVl /P (DIII14 ~ 110/) ~fI .., ..._e IHC TA"-DIP _. /P (DIII14 ~ 1101) (IM"~1tJ) 1__6/-.141.1 ~~ ~~QQ,1I1v ..., ---J!J PLA T SHOWING PROPOSED CLOSURE OF A PORTION OF OLD LONDON BRIDGE ROAD RIGHT - OF - WAY (MB. 156, PG 22)(MB XX, PG XX) . MAY 23, 2003 VIRGINIA BEACH, VIRGINIA MSA, P.C. Landscape Architecture. Planning Surveying' Engineering Environmental Sciences 50H ROUSE DRIVE, VIRGINIA BEACH, VA 23462-.1708 PHONE (757) 490-9264 . FAX (757) 490-06.14 . SCALE: 1"=100' OWN BY: MAS SHEET 1 OF 2 ~~ ~-t1r1 ~ ~;:. ~s::~ ~~ ~ DENOTB __ Of' DUJ UJNDON __ R) IIC Iltasm _ . I.!un, tilt J.JSI AC P.- UI IIOIWS I. lA-.a l:SrAn; C7 At f"" IN. I'r!_~ ~&, _ Of' PMl:H _ IHI.' rAlltllt _ lJI (lJI .'4 PfJ llItI1) ~~';'/ QJI/ CI CI as u C6 C7 CII t:II CII) ClI Cfl PMl:H . IHI.' rAlltllt_lJI (lJI >>14 PfJ IIIDI) f""IN. 1'fJ~ f:t.:!~~ MATCHUNE SEE SHEET 2 OF 2 PLAT SHOWING PROPOSED CLOSURE OF A PORTION OF OLD LONDON BRIDGE ROAD RIGHT - OF - WAY (MB. 156, PG 22)(MB XX, PG XX) MAY 23, 2003 VIRGINIA BEACH, VIRGINIA MSA, P.C. Landscape Architecture. Planning Surveying' Engineering Environmental Sciences ';033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462-3708 PHONE (7';7) 490-9264 . FAX (757) 490-0634 . JOBH 00028 DA TE: OS/23/03 SCALE: 1"=100' DWN BY: MAS ~AaE ==i / . SHEET .3, OF 2 ~ - 62- Item V-L.1. APPOINTMENTS ITEM # 53629 BY CONSENSUS, City Council RESCHEDULED: COMMUNITY POLICY AND MANAGEMENT TEAM - CSA At Risk FRANCIS LAND HOUSE BOARD OF GOVERNORS HEALTH SERVICES ADVISORY BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL PARKS AND RECREATION COMMISSION TOWING ADVISORY BOARD February 22, 2005 - 63- Item V-L.2. APPOINTMENTS ITEM # 53630 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Dan H. Brockwell Unexpired Term Through 8/31/07 AND, Named Liaison from Minority Business Council Prescott Sherrod No Term DEVELOPMENT AUTHORITY Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel February 22, 2005 - 64- Item V-O. ADJOURNMENT ITEM # 53631 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:12 P.M. ~q,;:;t-!;~~~ Chief Deputy City Clerk r2~~ '-l::: Hodges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia February 22, 2005