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Home My WebLink AboutDECEMBER 10, 2002 MINUTES City of Virginia Beach "COMMUNITY FOR A LIFETIME" MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 MARGARET L. EURE, Centerville - District J CITY COUNCIL 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 AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 E MAIL:Ctycncl@vbgov.com JAMES K. SPORE, City Manager LESUE L. ULLEY, City Attorney RUTH HODGES SMITH, MMC, City Clerk December 10, 2002 I. MAYOR'S BRIEFING - Conference Room - 2:30 PM A. COUNCILMANIC ELECTION - PROPOSED CHANGES Mayor Meyera E. Obemdorf II. CITY MANAGER'S BRIEFINGS A. CREEDSPOUCETRAllITNG A. M. Jacocks, Chief - Police <t B. TELECOMMUNICATION ENHANCEMENT Gwen Cowart, Director, Department of Communications and Technology III. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL c. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend C. Eugene Meek Pastor - Frances Asbury United Methodist Church c. D. E. F. G. H. I. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF CLOSED SESSION MINUTES 1. LEGISLATIVE JOINT SESSION December 2, 2002 2. INFORMAL AND FORMAL SESSIONS December 3, 2002 AGENDA FOR FORMAL SESSION PUBLIC HEARINGS 1. EXCESS CITY-OWNED PROPERTY- Old Rudee Motel Site - District 6 - Beach 2. CIGARETTE PROPOSED TAX INCREASE RESO L UTI 0 NS/O RDINAN CES 1. Resolution re the $2.2-Million issuance Industrial Development Revenue Bonds for ASPHALT ROADS AND MATERIALS COMPANY, INC.'S new asphalt manufacturing plant at 4985 Euclid Road. 2. Resolution re Beaches and Waterways Advisory Commission's BEACH MANAGEMENT PLAN and direct the City Manager to implement the Plan with any revision subject to City Council approval. 3. Ordinances to AMEND the City Code: A. Tax revisions: 1. Receipt and collection of meal taxes 2. Admission and lodging taxes 3. New penalty and interest provisions for these taxes Staff Recommendation: Defer Indefinitely B. Repeal Article IT, §§ 3-21 through 3-29 re permits for signs and advertising devices 4. Ordinance to declare EXCESS PROPERTY on Harbour Point Road Extended, and, A UTH 0 RIZE the City Manager to convey this property to F. Wayne and Cheryl McLeskey with a Deed of Exchange. 5. Ordinance to AUTHORIZE the City Manager to execute a Deed of Release and Exchange re Agricultural Land Preservation (ARP) easement on land owned by ROY D. FLANAGAN. 6. Ordinance to AUTHORIZE a temporary encroachment into a portion ofthe City's right- of-way for PEMBROKE MEADOWS CIVIC LEAGUE, INC. re illuminated flag pole, landscaping, identification sign, conduit, electrical cables and light fixtures at Pembroke Avenue and Whitechapel Drive. J. PLANNING 1. Application of ERNEST A. and CHERYL A. TAYLOR for "AFTER THE FACT" MODIFICATION of a nonconforming use. re roof replacement at the northwest comer of Arctic Avenue and 24th Street (403 24th Street) , containing 8400 square feet. (DISTRICT 6 - BEACH) APPROV AL Recommendation: 2. Applications of MANSFIELD FARM, L.L.C. on the west side of Blackwater Road across from Pungo Ferry Road, containing 299 acres: (DISTRICT 7 - PRINCESS ANNE) A. Variance to §§ 4.1 (m)(1) and 4.1 (P) (1) of the minimum pavement width and lot access B. Conditional Use Permit re Alternative Residential Development under Section 405 of the City Zoning Ordinance (CZO) for development of twenty-two (22) lots Staff Recommendation: Recommendation: DENIAL APPROV AL 3. Application of EUCELL FACEN for a Conditional Use Permit re bulk storage, auto storage, contractor's storage yard and a towing facility, on the southeast comer of Virginia Beach Boulevard and Shipps Lane (1345 Virginia Beach Boulevard) containing 17,640 square feet. (DISTRICT 6 - BEACH) Deferred: Staff Recommendation: Recommendation: November 26, 2002 DENIAL APPROVAL 4. Application of SANTA FE, LP for a Conditional Use Permit to expand an existing automotive service center and four shade structures in the parking areas at Auto Nation on Sentara Way and Rosemont Road north ofI-64 at the Windsor Woods section (3700 Sentara Way) containing 11.7 acres. (DISTRICT 3 - ROSE HALL) Deferred: Recommendation: November 26, 2002 APPROV AL 5. Application of MICHAEL D. SIFEN, INC. for a Conditional Use Permit re mini-storage on the west side of Village Drive and south of Laskin Road, containing 2.287 acres. (DISTRICT 6 - BEACH) Recommendation: APPROV AL 6. Application of KENNETH A. HALL FAMILY LTD. PARTNERSHIP for a Conditional Use Permit re motor vehicle sales (parking lot extension) on the west side of Spruce Street south of Bonney Road, containing 24,393.6 square feet. (DISTRICT 3 - ROSE HALL) Recommendation: APPROV AL 7. Applications of WHITT G. SESSOMS at Virginia Beach Boulevard and Seabridge Road (949 Virginia Beach Boulevard) containing 4 acres. (DISTRICT 6 - BEACH): a. Change of Zoning District Classification from A-12 Apartment District to Conditional B-2 Community Business District b. Conditional Use Permit re auto bulk storage yard Deferred: Recommendation: November 26, 2002 APPROV AL 8. 9. K. Applications of MARVIN M. and GAYLE B. ROLLINS on the west side of Princess Anne Road at Morris Neck Road, containing 2.484 acres. (DISTRICT 7 - PRINCESS ANNE) a. Change of Zoning District Classification from B- 2 Community Business District and Conditional B-2 Community Business District to Conditional B-2 Community- Business District. b. Modification Conditional Use Permit re car wash and expanded fuel sales c. Conditional Use Permit re mini-warehouses and self storage Staff Recommendation: APPROV AL OF FUEL PUMPI DENIAL OF MINI- WAREHOUSE AND LAUNDROMAT Recommendation: APPROV AL Application of HERON RIDGE PROPERTIES L.L.c. for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural District to Conditional R-20 Residential on the northwest comer of Seaboard Road and Heron Ridge Lane, containing 6.21 acres. (DISTRICT 7 - PRINCESS ANNE) Recommendation: APPROVAL 10. Application of DRAGAS ASSOCIATIONS X, L.c. for a Change of Zoning District Classification from R-15 Residential District and B-2 Community Business District to Conditional R-5D Residential Duplex District with a PD-H2 Planned Unit Development District Overlay on the east side of Salem Road, south of Elbow Road, containing 23.51 acres. (DISTRICT 7 - PRINCESS ANNE) Staff Recommendation: Recommendation: DENIAL APPROV AL 11. Application of GLENWOOD SOUTH, L.L.C. for a Change of Zoning District Classification from R-1 0 Residential District to PD-H2 Planned Unit Development District on the east side of Indian River Road north of Stumpy Lake, containing 4.2 acres (DISTRICT 1 - CENTERVILLE) Recommendation: APPROV AL APPOINTMENTS BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE MINORITY BUSINESS COUNCIL PLANNING COMMISSION RESORT ADVISORY COMMISSION VIRGINIA BEACH FOUNDATION VOLUNTEER COUNCIL YOUTH SERVICES COORDINATING COUNCIL L. UNFINISHED BUSINESS M. NEW BUSINESS 1. Consider RESCHEDULING the regular Fourth Tuesday City Council Session's to the THIRD TUESDAY, DECEMBER 17, 2002. (Interviews For Candidates to fill the vacant Kempsville District 2 City Council seat will begin at 1 :00 P.M. and the appointment will be made in the Formal Session at 6:00 P.M.) N. ADJOURNMENT ********** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) *********** GENDA 11/1 0102/st .vb ov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 10 December 2002 Mayor Meyera E. Oberndorf called to order the MAYOR'S BRIEFING re COUNCILMANIC ELECTION - PROPOSED CHANGES in the City Council Conference Room, City Hall Building, on Tuesday, December 10,2002, at 2:30 PM. Council Members Present: Margaret L. Eure, 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: None - 2- MAYOR'S CONCERNS ITEM # 50537 2:30 P.M. Mayor Oberndorf advised she had "cut the ribbon" at "Bear Land" in the Salvation Army Toy Store, Chesapeake. Every year, the City employees of Virginia Beach dress thousands of bears for Christmas. Mayor Oberndorf brought back the "red ribbon" and a blue vase presented in appreciation with the inscription of the Salvation Army. There are 18,000 children who would be without Christmas, ifit were not for the Salvation Army, the Joy Fund and our City employees. Both the "red ribbon" and "blue vase" will be displayed for the public at the First Impression Desk. December 1 0, 2002 -3- MA YOR'S BRIEFING COUNCILMANIC ELECTION - PROPOSED CHANGES 2:30 P.M. ITEM # 50538 Mayor Oberndorf referenced her attempt in 2001 to move the City Council elections from May to November. Mayor Oberndorf stated firmly that she would never support a "partisan" election for City Council. This date option was made possible by a change in the State Code adopted by the General Assembly in 2000. The new Code allows any city to change its election from May to November by simply adopting an ordinance by the end of the calendar year before the election takes place. The change would also change the School Board election date to November. Mayor Oberndorf suggested this change be initiated in November 2004. Dr. Marlene Hager, the City Registrar, provided the information below, which represents voter participation in the May versus November elections from May 1998 through November 2002. There is a significant difference in voter turnout, essentially doubling the comparative participation. VOTER P ARTICIP A TION Election Registered Voters Number Voting Percent Voting May 1998 213,160 33,714 15.8 November 1998 221,393 68,272 30.8 May 2000 232,282 62,039 26.7 November 2000 242,891 152,741 62.9 November 2002 248,964 93,480 37.5 This move would separate the City Budget process from the City Council election allowing a more reasonable approach to the budget process. There are more national "get out and vote" efforts in November than in May, thus increasing voter turnout, especially in the minority communities. Some jurisdictions have moved to November election. The City of Richmond saved an estimated $70,000 by not holding a May 2002 election. Their voter turnout went from 16,645 in May 2000 (17%) to 39,055 (40%) in November 2002. The City of Lexington wentfrom 715 voters in May 2000 to 3,250 in November 2002, representing a 54 percent increase in participation of the registered voters. The City of Poquoson went from 1,352 (18%) in May of 20000 to 4,201 (52.7%) in November 2002. It can be assumed that the May election cost of$70,000 could be saved every two years by doing away with the May elections. Since even-year November elections are not in sync with Virginia elections, there should be no need to further politicize, through partisanship, our local elections. Under the same 2000 legislation, the election could be changed to November 2003; however, Mayor Oberndorf advised against this because of the conflict in possible partisanship issues it would bring to the City Council elections. The term extension of 6-months would be an unavoidable in a one-time transition issue that is more than offset by doubling voter participation in the electoral process. Changing the date of the local elections will hope to improve the participation in the Democratic process and represent an early achievable objective consistent with good government. Steps have already been taken to ease and encourage citizen participation by holding evening City Council meetings, community conversation sessions, improving communications through the City page, Beach magazine and Web site and streaming City Council meetings across the Internet. The Mayor suggested a Commission be formed to review, similar to the body formed to study the "Direct election of the Mayor". Business, civic and University of Virginia representatives comprised the previous Council-appointed body. After reviewing, securing comments from the citizenry, debating and deliberating, they made a recommendation to City Council which was then placed on a Referendum, as an amendment to the City Charter was necessary to activate the "Direct Election ".. December 1 0, 2002 - 4 - MA YOR 'S BRIEFING COUNCILMANIC ELECTION - PROPOSED CHANGES ITEM # 50538 (Continued) A commission was suggested to review this concept and involve the Chair of the major political parties The Mayor advised the City has a $1-BILLION a year Operating Budget and a $11f2-BILLION Capital Improvement Program. Basically 10% and not more than 20% of the registered voters are determining how a major corporation (the City) is or is not going to be directed. The Mayor shall schedule an Ordinance to add Section 2-15 of the City Code to provide for Mayoral, City Council and School Board Elections to take place on the First Tuesday in November for a January City Council Session. City Council may then chose to formulate a Commission to study these proposed changes. December 10, 2002 -5- CITY MANAGER'S BRIEFING CREEDS POLICE TRAINING ITEM # 50539 3:35 P.M. Chief A. M. Jacocks, referenced the concerns of citizens residing near the Creeds Training Facility. An engineeringfirm performed a preliminary assessment of the existingfacility. Based upon their preliminary findings in early October and because of safety concerns, Chief Jacocks made the decision to cease all live fire training at the Creeds Facility. This decision has placed the City at a disadvantage with respect to the training of the police officers, deputy sheriffs, fire investigators and the animal control officers. Time is now being begged and borrowed from neighboring facilities: Chesapeake Police Department, Norfolk Police Department and Northwest Marine Corps have agreed to let the Virginia Beach Police Department utilize left over training at their ranges. Being the thirty-eighth largest City and "top fifty (50) largest police forces in the United States, this occurrence has placed the City in an embarrassing position. Only the mandatory state qualifications can be attained by this method. Safe Community has always been one of City Council's destination points. One of the five primary objectives listed under this destination point is best trained, properly staffed, public safety workforce and properly compensated. Implementation of the proposal would allow the police to resume live fire training at the Creeds facility, which is unquestionably vital to achieving the objective to provide the best possible training. Chief Jacocks introduced Deputy Chief Greg Mullen - Investigative Services and Sergeant Duane Hart - Range Supervisor. Deputy Chief Mullen advised the facility at Creeds was afiring range back in World War II by the Coastal patrol planes. Thisfacility was also used as a race car track in the 1970's and 1980's. In 1987, the Police Department picked up this training facility when required to move from Leroy Drive due to adjacent development in the Foxfire area. This facility is now used for simmunition, driving and fire arms training. In 1987, there were three (3) ranges. Four hundred eighty-seven (487) sworn officers were in the Police Department. There are now seven hundred ninety-two (792) officers with still the same three (3) ranges. Since 1987, only some automatic targeting systems have been included. There were no range standards at the time. Over the years there has been some additional development in the area. Deputy Chief Mullen displayed a photograph of homes constructed in the Creeds area after the range went into operation. This has impacted the original range span and increased the ricochet zone. Unusable portable classrooms have been borrowed from the School Board and the Navy. The driving track is rapidly becoming unusable. Because of the degree of the degradation, this equipment is becoming damaged. In 2000, a public private partnership was presented as an idea. This did not come to fruition. In 2001 and 2002, capital improvement proposals were submitted to basically fund this project, but were not funded. In September, a group of citizens, along with Councilman Reeve, reiterated concerns involving safety, water contamination, noise, property values and amount of training conducted. The initial findings of the engineering studies could not pinpoint the amount of risk. There was some risk of rounds leaving the range in this current orientation. There have not been accidents in 1987, but based on the possibility, the Chief made the correct decision to cease live firing. There were questions concerning whether or not there was lead in the water. A study was conducted by a local engineering firm, the results have come back that there was no indication of water contamination issues resulting from the firing range. Relative the noise, testing was conducted with the Occupational Health Department and although there were elevated noise levels, they did not reach the hazard noise zone presented by OSHA (Occupational Safety and Health Administration). Concerns relative other agencies utilizing the range will be reviewed. The citizens, lead by Councilman Reeve, were very professional and cooperative. The Department is now in a minimal training status, borrowing training time and facilities from Chesapeake, Norfolk and Northwest. The officers and the equipment must be transported daily to these facilities, which cut-down on the actual hours of training allowed. Space is limited and subject to availability of these other agencies. The training time and quality has been substantially reduced. At the present time, all the Police Department is able to do is meet basic qualifications (standing and shooting at paper targets). No tactical training nor any of the other innovative necessary trainingfor the Police Officers is conducted to meet their peak potential. Studies recommend refresher training at least twice annually. Officers were being refreshed three times a year prior to the cessation of shooting in October. A 1999 Army study found that these skills in decision making are highly perishable and depend upon the original proficiency of the officers. Not only does the staffhave to make sure they train the officers coming through the recruit academy and from other departments. The same level of training has to be maintained throughout the officer's career. The Courts have made it clear in saying what they expect training to involve, which is more than shooting at "paper targets n. Drills must include moving targets, night shooting, shooting in simulated residential areas and practical application. Training must be relevant and realistic. December 10, 2002 - 6- CITY MANAGER'S BRIEFING CREEDS POLICE TRAINING ITEM # 50539 (Continued) The staff must deal with more reactive and responsive training. Deputy Chief Mullen displayed facilities around the country that are dealing with firearms qualifications The Blackwater Training facility in Moyock, North Carolina, has all of the different types of ranges and urban area with a school on the left, basically on the left. The location of the school was basically the result of the Columbine situation. This facility has versatile and steel ranges. The Reactive Steel Range works on the officer's ability to shoot under very strict time restraints. The Steel Alley Range allows officers to "shoot on the move ", have sight alignment practices and work on their trigger squeeze. Another facility in Mississippi has twenty-six (26) ranges, which basically address all the issues re firing in self defense. The Fairfax County Police Department's training facility has been opened approximately a year. This encompasses one hundred twenty-nine (129) acres, five (5) firing ranges and a driving track. The cost was approximately $10- MILLION for the entire facility. Baffling, which is one of the recommendations of the engineering firm, is a safety and noise abatement feature. This basically prevents rounds from leaving the grounds. The roof is constructed of ballistic steel so if rounds should ricochet off the ground or sidewalks, these bullets would not leave the range area. A 300-yard precision shooting range would be utilized by SWAT snipers or members to execute skills. The State of Maryland has a training facility built in the year 2000 consisting of a 25-yard, 50-yard baffled, 200-yard rifle and decision ranges. Deputy Chief Mullen referenced an alternative to purchase land away from the Creeds facility. However, the problem is the land availability to build a new range. Approximately between 2, 000 and 3, 000 acres of land would be necessary. The cost of acquiring the land, moving the facility and permitting issues would be entailed. Indoor ranges have been mentioned as an alternative. There are costs involved, both building and ongoing. A facility of this nature in the City of Norfolk was $3-MILLION for a 1 a-lane range. This would be much smaller than the City's ranges at Creeds. Another issue would be the environmental impact. These ranges are enclosed and with lead involved. There are very heavy ventilation systems and hazardous material cleanup, which would be an ongoing issue. The upgrade alternative will basically provide a "state of the art" facility for the Virginia Beach public safety community which will include the police, deputy sheriffs, fire department and the schools (because of the drivers training). This alternative will allow the department to enhance their current training abilities. The officers' skills and confidence could be sustained. At the present time, there are needs of approximately 1200 people. The recommendation of the Police Department is to approve the upgrade alternative. To accomplish this recommendation, a work group consisting of members of Planning, the City Attorney's Office, Public Works and the Police Departments. Discussions have also ensued with the Army Corps of Engineers. A Request for Proposal (RFP) needs to be established in order to select an Architect and Engineering (A & E) firm to review design of the facility. An important element is the necessity to coordinate with the community to develop a mutually agreeable plan (not just Creeds, but the entire city). This project impacts the entire community. Then, the staff would like to move forward with construction of the facility. Deputy Chief Mullen displayed a conceptual design. The facility would be comprised of a range and classroom facilities, as well as the driving track. The officers would commence with classroom training, then simulated exercises and final step is the practical exercise (all accomplished within an 8-hour period). UPGRADE ALTERNATIVE Two (2) fifty-yard ranges: one for police and the other for sheriff 100-yard versatile range with turning, falling and moving target, would not only address the future needs of hand guns, shotgun training and future long gun training Steel Reactive Range with fixed steel. Rogers Range with the reactive targets 300-yard precision rifle range: to be utilized by SWAT team and snipers. Four (4) Classrooms, Instructor's office, weapons vault, armory, locker and "break" rooms. Driving track: consisting of "skid" pad "skid " circle, high speed and urban driving track December 1 0, 2002 - 7 - CITY MANAGER'S BRIEFING CREEDS POLICE TRAINING ITEM # 50539 (Continued) COST ESTIMA TES Design Environmental Compliancelpermitting Construction Contingency $ 600,000 $ 400,000 $ 6,000,000 $1.400.000 TOTAL $ 8,400,000 Chesapeake just paid over $2-MILLION to build their own facility. Copies of the presentation and a detailed cost analysis of the $8.4-MILLION, shall be presented to City Council. Councilman Wood advised he requested this Briefing relative the Creeds Police Training. Councilman Wood distributed a map of the Creeds Range prepared by GIS. Relative the Ocean a Range and Creeds Range, there is a significant difference in density of homes and commercial buildings. This area has essentially been a noise issue since its inception. Councilman Wood believed the project could be completed at a lesser cost, more efficiently and expediently. Much of the infrastructure can be utilized. Councilman Reeve concurred relative the lesser cost and suggested inmate labor could be utilized. Chef Jacocks advised this project was in last year's Capital Improvement Program (CIP) as a requested, but not funded project. Councilman Villanueva inquired why this was not a part of the legislative package. On December Twentieth, the Governor will announce further budget cuts. The City Manager shall confer and verify utilization of land of Federal facilities. Councilman Villanueva suggested this be a base line item in the Legislative Package and would fall under the category of "homeland security". Senator Stolle' is a former Police Officer. BY CONSENSUS, City Council directed a Requestfor Proposal (RFP) shall be established in order to select an Architect and Engineering (A & E) firm to review design of the facility at a cost of approximately $600,000. December 10,2002 -8- CITY MANA GER 'S BRIEFING TELECOMMUNICA TION ENHANCEMENT ITEM # 50540 BY CONSENSUS, and due to lack of time, this Briefing was DEFERRED for a future City Council Session. December 10, 2002 -9- AGE N DA REV I E W S E S S ION 5:15 P.M. ITEM # 50541 II. Resolution re the $2.2-Million issuance Industrial Development Revenue Bonds for ASPHALT ROADS AND MATERIALS COMPANY, INc.'S new asphalt manufacturing plant at 4985 Euclid Road. Council Lady McClanan requested a conceptional drawing of the new asphalt facility. ITEM # 50542 I3. Ordinances to AMEND the City Code: Tax revisions: 1. Receipt and collection of meal taxes 2. Admission and lodging taxes 3. New penalty and interest provisions for these taxes Vice Mayor Jones and Council Lady McClanan, Liaisons, met with the City Manager and the City Attorney and plan to meet with the Commissioner of the Revenue and City Treasurer relative this item prior to the completion of their report in January. Vice Mayor Jones and Council Lady McClanan requested INDEFINITE DEFERRAL. ITEM # 50543 BY CONSENSUS, the following shall compose the CONSENT AGENDA: II. Resolution re the $2.2-Million issuance Industrial Development Revenue Bonds for ASPHALT ROADS AND MATERIALS COMPANY, INc.'S new asphalt manufacturing plant at 4985 Euclid Road I2. Resolution re Beaches and Waterways Advisory Commission's BEACH MANAGEMENT PLAN and direct the City Manager to implement the Plan with any revision subject to City Council approval. I3. Ordinances to AMEND the City Code: A. Tax revisions: 1. Receipt and collection of meal taxes 2. Admission and lodging taxes 3. New penalty and interest provisions for these taxes B. Repeal Article IL §§ 3-21 through 3-29 re permits for signs and advertising devices I4. Ordinance to declare EXCESS PROPERTY on Harbour Point Road Extended, and, A UTHORIZE the City Manager to convey this property to F. Wayne and Cheryl McLeskey with a Deed of Exchange. December 10, 2002 - 10- AGENDA RE VIE W SESSION ITEM # 50543 (Continued) [5. Ordinance to AUTHORIZE the City Manager to execute a Deed of Release and Exchange re Agricultural Land Preservation (ARP) easement on land owned by ROY D. FLANAGAN [6. Ordinance to A UTHORIZE a temporary encroachment into a portion of the City's right-ofway for PEMBROKE MEADOWS CIVIC LEAGUE, INc. re illuminated flag pole, landscaping, identification sign, conduit, electrical cables and light fixtures at Pembroke Avenue and Whitechapel Drive. Item [3.A.1I2/3: DEFER INDEFINITELY, BY CONSENT December 10, 2002 -11 - AGE N DA REV I E W S E S S ION ITEM # 50544 1.2. Applications of MANSFIELD FARM, L.L.c. on the west side of Blackwater Road across from Pungo Ferry Road, containing 299 acres: (DISTRICT 7 - PRINCESS ANNE) a. Variance to §§ 4.1(m)(J) and 4.1(p) (1) of the minimum pavement width and lot access b. Conditional Use Permit re Alternative Residential Development under Section 405 of the City Zoning Ordinance (CZO) for development of twenty-two (22) lots Several e-mails have been received. This item will be discussed during the Formal Session. ITEM # 50545 1. 4. Application of SA NT A FE, LP for a Conditional Use Permit to expand an existing automotive service center and four shade structures in the parking areas at Auto Nation on Sentara Way and Rosemont Road north of 1-64 at the Windsor Woods section (3700 Sentara Way) containing 11. 7 acres. (DISTRICT 3 - ROSE HALL) Council Lady McClanan advised the area she represents has lots of areas with commercial development adjacent to residential. Many accomplishments have been made that this coexistence could be maintained. Council Lady M cClanan expressed concern as part of the trees and plants have been cut down in front of this location, as can be viewed from the Interstate. The landscaping on the other side of Sentara Way is excellent. Council Lady McClanan distributed a proposed landscape plan. The applicant has agreed to upgrade the landscaping. This item shall be discussed during the Formal Session. Council Lady Eure requested "landscaping must be maintained" be emphasized in writing. ITEM # 50546 15. Application of MICHAEL D. SIFEN, INc. for a Conditional Use Permit re mini-storage on the west side of Village Drive and south of Laskin Road, containing 2.287 acres. (DISTRICT 6 - BEACH) Council Lady Eure inquired relative the number of units to be constructed in this mini-storage and that in the future this data be included in every mini-storage application. Stephen White, Planning, advised the applicants do not provide the City with the number of units as they build the units as a shell and demand determines how they are fitted for different needs. December 10, 2002 -12 - AGENDA RE VIE W SESSION ITEM # 50547 J 7. Applications of WHITT G. SESSOMS at Virginia Beach Boulevard and Seabridge Road (949 Virginia Beach Boulevard) containing 4 acres. (DISTRICT 6 - BEACH): a. Cham!:e ofZonim!: District Classification from A-12 Apartment District to Conditional B-2 Community Business District b. Conditional Use Permit re automobile bulk storage yard Councilman Maddox advised the applicant has agreed to eliminate inoperative automobiles. This Conditional Use Permit shall be limited to a period of either five (5) years from the time of issuance of this Conditional Use Permit or when the new Convention Center opens for business. Councilman Wood reiterated the change in Condition No.4. 4. Vehicles that are towed to the site shall only be from authorized and licensed automotive repair facilities. No wrecked or inoperative vehicles shall be stored on the site. v~ithout a vaiid Jel vice ticket outlining the vM//.. to be perlO! med and date that the ploiat iJ pi lJtlliJed tó be deiivel ed to the CtlJtomel. Vehicle towing shall only occur Monday through Friday, between the hours of8:00 a.m. and 8:00 p.m., and on Saturday from 9:00 a.m. to 8:00 p.m. There shall be no towing on Sunday. ITEM # 50548 J8. Applications of MARVIN M. and GAYLE B. ROLLINS on the west side of Princess Anne Road at Morris Neck Road, containing 2.484 acres. (DISTRICT 7 - PRINCESS ANNE) a. Change of Zoning District Classification from B-2 Community Business District and Conditional B-2 Community Business District to Conditional B-2 Community-Business District. b. Modification of Conditional Use Permit (J 1/13/01) re car wash and expanded fuel sales c. Conditional Use Permit re mini-warehouses and self storage Councilman Schmidt expressed concerns. This item will be discussed during the Formal Session. Councilman Reeve advised Attorney Bourdon has provided drawings of the site. Attorney Bourdon will have a rendering presented. ITEM # 50549 J 9. Application of HERON RIDGE PROPERTIES L.L. C. for a Change ofZoninf! District Classification from AG-1 and AG-2 Agricultural District to Conditional R-20 Residential on the northwest corner of Seaboard Road and Heron Ridge Lane, containing 6.21 acres. (DISTRICT 7 - PRINCESS ANNE) Councilman Reeve advised the applicant has advised the neighborhood has concerns because of the R-20 Residential on Heron Ridge Lane, as opposed to R-30 on the other side. The applicant and current owner have discussed this concern and are willing to change the zoning to R-30. The applicant is requesting Deferral. December 10, 2002 -13 - AGENDA RE VIE W SESSION ITEM # 50550 J10.Application of DRAGAS ASSOCIATIONS X, L.c. for a Change of Zoning District Classification from R-15 Residential District and B- 2 Community Business District to Conditional R-5D Residential Duplex District with a PD-H2 Planned Unit Development District Overlay on the east side of Salem Road, south of Elbow Road, containing 23.51 acres. (DISTRICT 7 - PRINCESS ANNE) Mayor Oberndorf and Council Lady McClanan will vote NAY on this application. Councilman Reeve has spoken with the applicant and believes the quality and type of development will actually decrease the tax burden from that property and overrides the density issue. ITEM # 50551 J11.Application of GLEN WOOD SOUTH, L.L.c.fora Change of Zonim¡ District Classification from R-JO Residential District to PD-H2 Planned Unit Development District on the east side of Indian River Road north of Stumpy Lake, containing 4.2 acres (DISTRICT 1- CENTERVILLE) Council Lady Eure requested City staffprovide information. The site plan shows a 147-footwide reservation for "Future Indian River Road". The reservation was 127-foot. Council Lady Eure inquired why 20 additional feet is being required. The Comprehensive Plan calls for the application to meet the Master Transportation Plan and the Public Works Specifications ITEM # 50552 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: J1. Application of ERNEST A. and CHERYL A. TAYLORfor "AFTER THE FACT" MODIFICATION of a nonconforminf! use, re roof replacement at the northwest corner of Arctic Avenue and 24th Street (403 24th Street) , containing 8400 square feet. (DISTRICT 6 - BEACH) J3. Application of EUCELL FACEN for a Conditional Use Permit re operation of auto storage for 30 vehicles and a towingfacility with two tow trucks, on the southeast corner of Virginia Beach Boulevard and Shipps Lane (1345 Virginia Beach Boulevard) containing 17,640 square feet. (DISTRICT 6 - BEACH) I5. Application of MICHAEL D. SIFEN, INc. for a Conditional Use Permit re mini-storage on the west side of Village Drive and south of Laskin Road, containing 2.287 acres. (DISTRICT 6 - BEACH) J6. Application of KENNETH A. HALL FAMILY LTD. PARTNERSHIP for a Conditional Use Permit re motor vehicle sales (parking lot extension) on the west side of Spruce Street south of Bonney Road, containing 24,393.6 square feet. (DISTRICT 3 - ROSE HALL) December 10, 2002 -14 - AGE N DA REV I E W S E S S ION ITEM # 50552 (Continued) J.11. Application of GLEN WOOD SOUTH, LL C. for a Change of Zoning District Classification from R-10 Residential District to PD-H2 Planned Unit Development District on the east side of Indian River Road north of Stumpy Lake, containing 4.2 acres (DISTRICT 1 - CENTER VILLE) ITEM # 50553 M1. Consider RESCHEDULING the regular Fourth Tuesday City Council Session's to the THIRD TUESDA Y, DECEMBER 17, 2002. (Interviews For Candidates to fill the vacant Kempsville District 2 City Council seat will begin at 1:00 PM) The Candidate Interviews shall be in Public, with Recess to a Closed Session and then the appointment will be made at the end of the Formal Session. December 10, 2002 - 15 - CITY COUNCIL COMMENTS 5:22 P.M. ITEM # 50554 BY CONSENSUS, City Council scheduled their Semi-Annual Retreatfor Tuesday, February 18,2003. Lyle Sumek shall be the Facilitator. ITEM # 50555 Council Lady McClanan did not concur with scheduling a tax (cigarette) increase prior to Christmas. The City proposed to amend and reordain Chapter 35-207 of the Code, which pertains to the tax on the sale of cigarettes. The current tax rate of 16.0 mills per cigarette be increased to 25.0 mills per cigarette effective December 17, 2002. The tax per pace of 20 cigarettes will increase from 32tf to 50tf . Council Members Eure and Villanueva expressed concern relative the rush. Mayor Oberndorf advised once the General Assembly caps the cigarette tax, they will not allow municipalities to increase same. A Charter change must be submitted to the Legislature prior to the General Assembly's Opening Session on Wednesday, January 8, 2003. The City Manager advised this is a calculated risk and in the past the General Assembly has made items retroactive. Mayor Oberndorf advised e-mails have been received requesting additional specific information concerning this tax. Councilman Maddox advised the City of Chesapeake set the benchmark. Their cigarette tax is at 50l/:. The City has the possibility of losing the ability to raise the cigarette tax if they wait. The City Council made it a priority in their August 2002 Retreat to enhance economic development. This increase will also be allocated toward public safety issues and the 1 gth Street Corridor. Councilman Villanueva believes the 1 gth Street Corridor is more of a want than a need. Mayor Oberndorf advised the City Council's meeting on January 7, 2003, is one day prior to the Opening Session of the General Assembly. Mayor Oberndorf referenced correspondence just received from Robert Jones, Chair of the Development Authority, requesting the use of seven cents (74) rather than three cents (34) per pack of the cigarette tax for the EDIP funds. Relative the PUBLIC HEARING concerning the CIGARETTE PROPOSED TAX INCREASE, City Council requested the City Manager give a Briefing prior to the Public Hearing. December 10, 2002 -16 - ITEM # 50556 After advising the waiting public of the need to delay the Formal Session approximately thirty minutes, Mayor Meyera E. Oberndorf, called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, December 10, 2002, at 6:00 P.M. Council Members Present: Margaret L. Eure, 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: None December 10, 2002 -17- ITEM # 50557 Mayor 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: Board of Building Code Appeals Community Services Board Hampton Roads Economic Development Alliance Minority Business Council Planning Commission Resort Advisory Commission Virginia Beach Foundation Volunteer Council Youth Services Coordinating Council PUBLICLY-HELD PROPERTY: Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly-held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of Property - Beach District Agricultural Reserve Programs - Princess Anne District (two parcels) Upon motion by Councilman Schmidt, seconded by Council Lady Eure, City Council voted to proceed into CLOSED SESSION. Voting: 10-0 Council Members Voting Aye: Margaret L. Eure, 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: None (6:00 P.M. - 6:30 P.M.) December 10, 2002 -18 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL December 10,2002 6:30 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, December 10,2002, at 6:30 P.M. Council Members Present: Margaret L. Eure, 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: None INVOCATION: Reverend. Eugene Meek Pastor - Frances Asbury United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA December 10, 2002 -19 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 50558 Upon motion by Council Lady Eure, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. 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, 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: Margaret L. Eure, 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: None December 10, 2002 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 # 50557, page 17, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711 (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. -------- December 10, 2002 - 20- Item V-F.1. MINUTES ITEM # 50559 Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of December 3, 2002. Voting: 7-0 Council Members Voting Aye: Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim Reeve, Peter W. Schmidt, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Abstaining: Mayor Meyera E. Oberndorf, Richard A. Maddox and Ron A. Villanueva Council Members Absent: None Mayor Oberndorf, Council Members Maddox and Villanueva ABSTAINED as they were not in attendance during the City Council Session of December 3, 2002. December la, 2002 Item V-G. ADOPT AGENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: - 21 - ITEM # 50560 AGENDA FOR THE FORMAL SESSION December 10, 2002 - 22- Item V-H.l. PUBLIC HEARING ITEM # 50561 Mayor Oberndorf DECLARED A PUBLICHEARING: EXCESS CITY-OWNED PROPERTY - Old Rudee Motel Site - District 6 - Beach There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. December 10, 2002 - 23- Item V-H.2. PUBLIC HEARING ITEM # 50561 Mayor Oberndorf DECLARED A PUBLIC HEARING for the CIGARETTE PROPOSED TAX INCREASE and invited Catherine Whitesell, Director - Management Services, to give a Briefing re the proposed increase. Mrs. Whitesell advised the City is projecting a $13-MILLION deficit. Although the City is only in the beginning stages of the budget process for FY 2003-04, an increase in the cigarette tax is being considered to address several public safety and economic development initiatives identified by City Council at their August 2002 Retreat. These include: fire staffing, police staffing as well as public safety facilities and equipment. Additionally, regarding economic development, there has been discussion to provide additional funding to the EDIP to address Council's goal of attracting high-payingjobs to the City and to examine re- development issues in the 1()1h Street Corridor. The current tax is thirty-two (32) centsfor every 20 pack. Revenue/Budgetary Allocation of Current Tax: Each penny generates approximately $240,000 and is allocated in the following manner: General Fund: Economic Development Investment Program (EDIP) Major Projects Fund 20 cents 7 cents 5 cents Proposed Increase: 50 cents per pack Tax Comparisons for Selected Localities: Norfolk Suffolk Portsmouth Hampton Newport News Chesapeake 30 cents 30 cents 35 cents 40 cents 45 cents 50 cents Budgetary Allocation of Proposed Tax Increase: The additional funding would be allocated as follows for FY 2002-03 $406,400 for additional radios for public safety departments to reduce the sharing of radios among departments (EMS 28 radio @ $89,600; Police 60 radios @ $192,000; Fire 39 radios @ $124,800 $418,600 for preliminary design work for the 1 ~h Street Corridor and Dome Site Improvements Phase I (new CIP project 9-038) $180,000 for additional funding to the EDIP (CIP project 9-141) $ 75,000 for hosting a business summit to target business investment in the defense and security industries. Beginning in FY 2003-04, the additional cigarette tax revenue is proposed to be allocated as follows (but could be modified depending on final FY 2003-04 budget needs): Public Safety Issues: Ten (JO) cents would remain in the General Fund to fund items such as the following: ten additional firefighters; grant march requirements for twenty-five police officers through the Federal Community Policing Grant; public safety infrastructure and equipment; and police over-time pay for special events. 1()1h Street Corridor: Five (5) cents to provide initialfundingfor property acquisition, infrastructure improvements and aesthetic improvements along the Corridor. Additional funding will be required to meet the desired outcomes of this Corridor. EDIP: Three (3) cents to provide additional funding for incentives to help retain and attract business that meet the requirement of the EDIP and Council goals December 10, 2002 - 24- Item V-H.2. PUBLIC HEARING ITEM # 50561 (Continued) There has been discussion at the State level regarding freezing the amount of cigarette tax that localities could levy. This freeze could begin as early as January 1, 2003. When the State places limitations on localities funding options, they also limit the City's ability to meet service delivery needs and respond to City Council's strategic goals. CIGARETTE PROPOSED TAX INCREASE The following registered in SUPPORT: Tim Barrow, 40-year resident The following registered in OPPOSITION: John D. Moss, Chair - Virginia Beach Taxpayers Alliance, 4109 Richardson Road, Phone: 363-7745 Henry Ryto, 864 Old Virginia Beach Road, Phone: 428-2763 Rhett Mertins, 3553 Barry Street, Phone; 631-9140 Ben Krause, Vice Chair - Virginia Beach Taxpayers Alliance, 1436 Five Hill Trail, Phone: 486-3721 Reid Greenmun, 2621 Sandpiper Road, Phone: 426-5589 Robert 0 'Connor, 240 52nd Street, Phone: 428-0902 Stephen Jones, 1035 South Bay Shore Drive, Phone: 491-8656 Millie Jones, 1035 South Bay Shore Drive, Phone: 491-8656 There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. December 10, 2002 - 25 - Item V-H.3. PRESENTATION ITEM # 50562 During the recent National League of Cities meeting (December 3 - 8 in Salt Lake City), Mayor Oberndorf was pleased to represent the City of Virginia Beach and accepted the Virginia Beach award which she then PRESENTED: 2002 Digital City Survey Award to David Sullivan Chief Information Officer The 2002 survey examines how City governments have progressed in adopting and utilizing digital technologies to improve the delivery of services to their citizens. The Center for Digital Government and Microsoft recognizes Virginia Beach for its top 10 rankingfor the cities with population of 250,000 or more. Virginia Beach was ranked sixth. December 10, 2002 - 26- Item V-I. RESOL UTIONS/ORDINANCES ITEM # 50563 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Items 1, 3 A 1/2/3 (DEFERRED), 3B, 4, 5 and 6 of the CONSENT AGENDA. Voting: 9-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood December 10, 2002 - 27- Item V-I.1.1 RESO L UTI 0 NS/O RD INAN CES ITEM # 50564 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution re the $2.2-Million issuance Industrial Development Revenue Bonds for ASPHALT ROADS AND MATERIALS COMPANY, INc.'S new asphalt manufacturing plant at 4985 Euclid Road. Voting: 9-0 (By Consent) Council Members Voting Aye: Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James 1. Wood December 10,2002 A RESOLUTION APPROVING THE ISSUANCE BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY OF ITS REVENUE BOND IN AN AMOUNT NOT TO EXCEED $2,200,000 FOR ASPHALT ROADS AND MATERIALS, INe. WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the request of Asphalt Roads and Materials, Inc. for the issuance by the Authority of its revenue bond (the "Bond") in an amount not to exceed $2,200,000 to assist the Company in (a) financing the construction, equipping and installation of a new asphalt manufacturing plant to be located at 4985 Euclid Road, Virginia Beach, Virginia 23462 (the "Project"), and (b) financing the cost of issuing the Bond; and WHEREAS, the Authority held a public hearing with respect to the Bond on November 19, 2002, and thereafter adopted an inducement resolution with respect thereto; and WHEREAS, the Internal Revenue Code of 1986, as amended (the "Code"), provides that the highest elected governmental officials of the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of private activity bonds is located shall approve the issuance of such bonds, and Section 15.2-4906 of the Virginia Code requires that the governing body of the locality in which the Project is located must approve the issuance of the Bond; and WHEREAS, the Project is located in the City ofVirginìa Beach and the members of the Council of the City of Virginia Beach (the "Council") constitute the highest elected governmental officials of the City of Virginia Beach; and WHEREAS, a copy of the Authority's inducement resolution, a reasonably detailed summary of the comments expressed at the public hearing with respect to the Bond and a statement in the fonn prescribed by Section 15.2-4907 of the Virginia Code have been filed with the Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bond by the Authority to the extent required by the Code and Section 15.2-4906 of the Virginia Code. 2. The approval of the issuance of the Bond, as required by the Code and Section 15.2-4906 of the Virginia Code, does not constitute an endorsement to a prospective purchaser of the Bond of the creditworthiness of the Company or the Project and, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bond shall provide that the City of Virginia Beach shall not be obligated to pay the Bond or the interest thereon or other costs incident thereto and neither the faith or credit nor the taxing power of the Commonwealth of Virginia or the City of Virginia Beach shall be pledged thereto. 3. In approving this Resolution, the City, including its elected representatives, officers, employees and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequential, resulting from the Authority's failure to issue bonds for the Project for any reason. 4. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia, on December 1 0 ,2002. ,--- I certify the foregoing to be a true and correct copy of a resolution adopted by the City Council of the City of Virginia Beach, Virginia, at a regular meeting held 2002 Dated: ,2002 Clerk, City Council of the City of Virginia Beach #803472 vI If'!> ~'""'11 AeOROV~D A""Þ i 'i..ð !í!"I¡idb ~.. ":"..~,. ,.'" ;~7'~'" :",7','-1 a ¡¡:;,t"'1\L '~~¡Jh.,,-,,;~.?,.,,";("/ ,1 J ;; :;~'ti , I"-~ ~- ~ LL. - I~ -3: -:VJ " :.~ ~ ~ ;1 VIRGINIA B&~CH Virginia Beach Development Authority One Columbus Center, Suite 300 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 November 19,2002 The Honorable Meyera E. Obemdorf, Mayor Members of City Council Municipal Center Virginia Beach, VA 23456 Re: Asphalt Roads and Materials Co., Inc., a Virginia corporation Industrial Development and Revenue Bond Revenue Bonds Dear Mayor Obemdorf and Members of City Council: We submit the following in connection with a project for the Asphalt Roads and Materials Co., Inc., a Virginia corporation whose principal business address is 4901 Cleveland Street, Suite 2, Virginia Beach, Virginia 23462. (1) Evidence of publication of the notice of hearing is attached as Exhibit A, and a summary ofthe statements made at the public hearing is attached as Exhibit B. The City of Virginia Beach Development Authority's (the "Authority") resolution recommending Council's approval is attached as Exhibit C. (2) The Disclosure Statement is attached as Exhibit D. (3) The statement of the Authority's reasons for its approval as a benefit for the City of Virginia Beach and its recommendation that City Council approve the modification of the bonds described above is attached as Exhibit E. (4) The Fiscal Impact Statement is attached as Exhibit F. The Honorable Meyera E. Obemdorf, Mayor Members of City Council Page 2 November 19, 2002 (5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and identifying the Project and the principals. (6) Attached as Exhibit H is a letter from the appropriate City department commenting on the Proj ect. Very truly yours, RGJ/GLF/rab Enclosures V lKtjll'J Ih Dß^~JlJl . . SHEET NO. 68 R-7.5 R-7.5 E2.681.000 R-7.5 VIRGINIA --- -- PROJECT ADDRESS: 4985 Euclid Road Virginia Beach, VA 23462 ~ ~ S PROJECT NAME: Asphalt ROàds & Materials Co., Inc. TYPE OF PROJECT: Asphalt Manufacturing Facility ---. --~--- --..---.... '.--.--..0" - -. ---..-- ..~..__. EXHIBIT A THE VIRGINIAN-PILOT NORFOLK, VIRGINIA AFFIDAVIT OF PUBLICATION The Virginian-Pilot --------------------------------------------------+--------------------------- KAUFMAN & CANOLES, P.C. GEORGE L. CONSOLVO 150 W MAIN ST NORFOLK VA 23510 REFERENCE: 10236406 9984418 NOTICE OF PUBLIC HEA State of Virginia City of Norfolk This day, D. Johnson personally appeared before and after being duly sworn, made oath that: 1) She is affidavit clerk of The Virginian-Pilot, a newspaper published by Landmark Communications Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia Beach, Common- wealth of Virginia and in the state of North Carolina 2)That the advertisement hereto annexed has been published in said newspaper on the date stated. PUBLISHED ON: 11/05 11/12 . , oti:P\IBLI!: HEAIIINGIIY . BEACH OEVELOPMENT'AUUtOR!fY . ~. - HALTIIOÀI)S,,'MA1ERIAI$,CO.,INC, ," the."'cjtyor:vll1!l~,ia. Be.ac. b.De. v.$IO. pm. .e.nt, - 8$ address Is.2~ Centtal Parll Aveoue; - - , WlllhQld ,a pubßc hearing - 'Måteflals,C",,!\1C., a Vir" cip¡!l;b~šiÍ1essa,ddress..,of - 2,'Virgiola..5e~Ch; Vll1!lOla ; WIll beowne, thaCom- , finance a' portion 9f the cost' , which may. be continued or " November 19, 2002,pefore ' ÖffiC¡¡. The,bbOds,willpgt , etaidlig j>Öw!ÌÌ of (he Cit'¡lotVifginlaBeach"V,,- . tAAwili bØP¡\yàble solely from revenu,es .denved Any:,person 'InteroSte,d.;n the, issuance of ,thO wiil bØ on fila, and 'open for I ñng business h(Íurs poor to the p . , ' " CI1Y QFVIRGtNIA BEA.0 ,'i' , ' , AUTHORI1Y 9984418 ,~_ber 5 and November.:(2, 2002 ommission expires January 31, 2004 NOTICE OF PUBLIC HEARING BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR THE BENEFIT OF ASPHALT ROADS & MATERIALS CO., INc. Notice is hereby given that the City of Virginia Beach Development Authority (the Authority) whose address is 222 Central Park Avenue, Suite 1000, Virginia Beach, Virginia 23462, will hold a public hearing on the plan of finance of Asphalt Roads & Materials Co., Inc., a Virginia corporation (the Company), the principal business address of which is 4901 Cleveland Street, Suite 2, Virginia Beach, Virginia 23462, for the issuance by the Authority of its industrial development revenue bonds, in an amount not to exceed $2,200,000, to assist the Company in financing the acquisition and installation of a new asphalt manufacturing plant to be located at 4985 Euclid Road, Virginia Beach, Virginia 23462 (the Project). The Project will be owned by the Company. The proceeds of the bonds will also finance a portion of the cost of issuing the bonds. The public hearing, which may be continued or adjourned, will be held at 8:30 a.m. on November 19, 2002, before the Authority in the conference room at its office. The bonds will not pledge the credit or the taxing power of the City of Virginia Beach, Virginia, or the Authority but will be payable solely from revenues derived from the Company. Any person interested in the issuance of the bonds or the location or nature of the Project may appear and be heard. A copy of the resolution to be considered by the Authority after the public hearing will be on file and open for inspection at the Authority's office during business hours prior to the public hearing. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY TO BE PUBLISHED IN THE VIRGINIAN-PILOT ON TUESDAY, NOVEMBER 5, 2002 AND TUESDAY, NOVEMBER 12, 2002 #802421 vI EXHIBIT B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (ASPHALT ROADS & MATERIALS CO., INC.) At 8:30 a.m. on November 19, 2002, the Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing on the request of Asphalt Roads & Materials Co., Inc., a Virginia corporation ("Asphalt"), and that a notice of public hearing was published once a week for two consecutive weeks in The Virginian-Pilot, the second publication being not less than six (6) days nor more than twenty-one (21) days prior to the hearing. The Chairman indicated that a copy of the notice and a certificate of publication of such notice have been or will be filed with the records of the Authority and will be provided to the Clerk of the City Council of the City of Virginia Beach. The following individuals appeared and addressed the Authority: George 1. Consolvo, Bond Counsel, and Rick Haycox, President of the Applicant, made a brief presentation concerning the plan of finance and the project. No other persons appeared to address the Authority. Following questions raised by commissioners with respect to truck traffic resulting from the new plant and the decision by Norfolk Southern to discontinue the use of its rail line in Virginia Beach, the public hearing was closed. The Authority then adopted a resolution (a) recommending that the Council of the City of Virginia Beach, Virginia, approve the issuance of the Bonds in an amount up to $2,200,000, (b) directing the transmission of a Fiscal Impact Statement with respect to the Bonds to the Council of the City of Virginia Beach and (c) requesting that its recommendation be received at the next regular or special meeting during calendar year 2002 at which this matter can be properly placed on the Council's agenda for hearing. #807450 vI EXHIBIT C RESOLUTION OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, there has been described to the City of Virginia Beach Development Authority (the Authority), the plans of Asphalt Roads and Materials, Inc., a Virginia corporation (the Company) the principal business address of which is 4901 Cleveland Street, Suite 2, Virginia Beach, Virginia 23462, for the issuance of its revenue bond in an amount not to exceed $2,200,000 (the Bond) to assist the Company in (a) financing the construction, equipping and installation of a new asphalt manufacturing plant to be located at 4985 Euclid Road, Virginia Beach, Virginia 23462 (the Project), and (b) financing the cost of issuing the Bond; and WHEREAS, the Company in its appearance before the Authority has described the benefits to the City of Virginia Beach, Virginia (the City), to be derived from the above- described undertakings and has requested the Authority to agree to issue the Bond under Chapter 643 of the Acts of Assembly of 1964, as amended (the Act); and WHEREAS, a public hearing with respect to the above matters has been held on November 19, 2002, as required by Virginia law and Section 147(f) of the Internal Revenue Code of 1986, as amended. BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. It is hereby found and determined that the issuance of the Bond will benefit the inhabitants of the City and promote their safety, health, welfare, convenience and prosperity. 2. The Authority hereby agrees to assist the Company in the financing of the Project by undertaking the issuance of the Bond upon terms and conditions to be mutually agreed upon between the Authority and the Company. The Company will execute and deliver a promissory note which will provide payments to the Authority sufficient to pay the principal of and premium, if any, and interest on the Bond and to pay all other expenses in connection with the issuance of the Bond and the Authority's administration thereof. The Bond shall be issued in form and pursuant to terms to be set by the Authority, and the payment of the Bond shall be secured by an assignment, for the benefit of the holders thereof, of the Authority's rights to payments under the promissory note. 3. It having been represented to the Authority that it is necessary to proceed immediately with the acquisition and installation of the Project, the Authority hereby agrees that the Company may take such steps as it may deem appropriate in connection therewith, provided that nothing herein shall be deemed to authorize the Company to obligate the Authority without its consent in each instance to the payment of any moneys or the performance of any acts in connection with the Project. The Authority agrees that the Company may be reimbursed fÌom the proceeds of the Bond for all costs so incurred by it. 4. The Authority hereby agrees to the recommendation of the Company that Kaufman & Canoles, P.C., Norfolk, Virginia, be appointed as bond counsel and hereby appoints such firm to supervise the proceedings and approve the issuance of the Bond. 5. The Authority hereby agrees, if requested, to accept the recommendation of the Company with respect to the purchase of the Bond by a commercial bank or investment bank pursuant to terms to be mutually agreed upon. 6. All costs and expenses in connection with the financing plan shall be paid from the proceeds of the Bond to the extent permitted by law or from funds of the Company and the Authority shall have no responsibility therefor. 7. All acts of the officers of the Authority which are in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Bond is hereby approved and confirmed. 8. The Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia (the Council) approve the issuance of the Bond and hereby directs the Chairman or Vice Chairman of the Authority to submit to the Council the statement in the form prescribed by § 15 .2-4907 of the Virginia Code, a reasonably detailed summary of the comments expressed at the public hearing held by the Authority pursuant to §15.2-4906 of the Virginia Code, and a copy of this resolution. 9. This resolution shall take effect immediately upon its adoption. The undersigned hereby certifies that the above resolution was duly adopted by a roll call vote of the commissioners of the City of Virginia Beach Development Authority at a meeting duly called and held on November 19,2002, and that such resolution is in full force and effect on the date hereof. Dated: November l'1 , 2002 ~~'='~.. ecretary, City of Virginia Beach Development Authority #802911 vI 2 EXHIBIT D DISCLOSURE STATEMENT Date: November 19, 2002 Applicant's Narne(s): Asphalt Roads and Materials Co., Inc. All Owners (if different from applicant): N/A Type of Application: Rezoning: From To Conditional Use Permit: Street Closure: Subdivision Variance: Other: Bond issue through Virginia Beach Development Authority ****************************************************************************** The following is to be completed by or for the Applicant: 1. If the applicant is a CORPORATION, list all the officers ofthe Corporation: See attached schedule. 2. If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: N/ A The following is to be completed by or for the Owner (if different from the applicant) 1. If the Owner is a CORPORATION, list all the officers of the Corporation: N/A 2. If the Owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: N/ A By: Its: OFFICERS AND BOARD OF DIRECTORS 2002 Fred A. Haycox, III #802466 vI Schedule to Disclosure Statement VIRGINIA B&~CH Virginia Beach Development Authority One Columbus Center, Suite 300 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 EXHIBIT E VIRGINIA BEACH DEVELOPMENT AUTHORITY $2,200,000 REVENUE BOND (ASPHALT ROADS & MATERIALS CO., INc.) SERIES 2002 The Authority recommends approval of the captioned financing. The financing will benefit the citizens of the City of Virginia Beach, Virginia, by promoting jobs, increasing the tax base and providing the sole asphalt plant in the City. 7. 8. EXHIBIT F FISCAL IMPACT STATEMENT DATE: TO: THE CITY COUNCIL OF VIRGINIA BEACH. VIRGINIA PROJECT NAME: TYPE OF FACILITY: 1. Maximum amount of financing sought $ 2.200.000.00 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 1, 1 09 , 1 77 . 00 3. Estimated real property tax per year using present tax rates $ 13.531.96 4. Estimated personal property tax per year using present tax rates $ 89.126.00 5. Estimated merchant's capital(business license) tax per year using present tax rates $ 1h,/,30.00 6. Estimated dollar value per year of goods and services that will be purchased locally $ Estimated number of regular employees on year round basis 1 ~7 Average annual salary per employee $ '31...055 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. By EXHIBIT G SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY CONCURRENCE WITH ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NORFOLK REVENUE BOND 1. PROJECT NAME: Asphalt Roads and Materials Co., Inc. 2. LOCATION: 4985 Euclid Road Virginia Beach, Virginia 23451 3. DESCRIPTION OF PROJECT: Asphalt Manufacturing Facility 4. AMOUNT OF BOND ISSUE: $2,200,000 5. PRINCIPALS: Fred A. Haycox, III 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property 12 b. Is rezoning proposed: Yes No X c. If so, to what zoning classification? N/A BOARD OF DIRECTORS 2002 OFFICERS AND AT LARGE MEMBERS Fred A. Haycox, III #802512 vI VIRGINIA BEACH Department of Economic Development 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Website: www.vbgov.com E-mail: ecdev@vbgov.com EXHIBIT H November 19,2002 Mr. Robert G. Jones Chair Virginia Beach Development Authority One Columbus Center, Suite 300 Virginia Beach, VA 23462 Dear Mr. Jones: It is the finding of the Department of Economic Development that the issuance of Revenue Bonds for Asphalt Road & Materials Co., Inc. will produce an economic benefit to the citizens of our City and is appropriate and in keeping with the Authority's charter. The bond proceeds will assist in financing the construction, equipping and installation of a new asphalt manufacturing plant which will have recycling capabilities and air pollution control. Sincerely, '\'\. ~ Mark R. Wawner Project Development Manager MRW:lls City ot Virgi:rl.ia Beach DEPARTMENT OF PLANNING ZONING ADMINISTRATION DIVISION (757) 427-8074 FAX (757) 427-4649 MUNICIPAL CENTER BUILDING 2 - ROOM 100 2405 COURTHOUSE DRIVE VIRGINIA BEACH. VA 23456-9039 November 6, 2002 Asphalt Roads & Materials Co., Inc. 4901 Cleveland Street, Suite #2 Virginia Beach, VA 23462 RE: 4985 Eculid Road - Asphalt Production Plant The above referenced property is zoned 1-2 (Heavy Industrial). This allows bulk storage, (must be completely enclosed by a fence not less than six feet in height with category 1 landscaping). Manufacturing, processing, extracting, packaging or fabricating establishments, and wholesale and retail establishments dealing primarily in bulk materials delivered by ship, or by railroad, or ship & truck in combination. If you have any questions please call me. r1 a+ 4/ .Jt----- Randy Wallace Zoning Inspector - 28- Item V-I. 2. RESOL UTI ONS/ORDINANCES ITEM # 50565 The following spoke in SUPPORT: Henry Thompson, Chair, Public Beach, Chesapeake Beach Civic League, 4700 Ocean View Avenue, Phone: 464-6082 Guy Hough, President Baylake Pies/Baylake Beach Civic League, 4309 Sandy Bay Drive, Phone: 464-2125 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Resolution re Beaches and Waterways Advisory Commission's BEACH MANAGEMENT PLAN and directed the City Manager to implement the Plan with any revision subject to City Council approval Voting: 10-0 Council Members Voting Aye: Margaret L. Eure, 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: None December 10, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 A RESOLUTION TO ADOPT THE BEACHES AND WATERWAYS ADVISORY COMMISSION'S APRIL 2002 BEACH MANAGEMENT PLAN AND TO DIRECT THE CITY MANAGER TO STUDY THE IMPLEMENTATION OF THE PLAN 6 WHEREAS, at its August 22, 2000 meeting, City Council 7 formally referred the task of revising the 1993 Beach Management 8 Plan to the Beaches and Waterways Advisory Commission, and; 9 WHEREAS, the Beaches and Waterways Advisory Commission researched the issues involved, received public input and prepared a comprehensive plan, which includes prioritized recommendations; and; WHEREAS, the Beaches and Waterways Advisory Commission on March 4, 2002 adopted the plan. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the document entitled "Beach Management Plan," dated April 2002 and attached hereto, is hereby adopted by City Council. 2. That, to the extent funds and other resources are available, the City Manager is hereby directed to implement any appropriate operational changes and to bring forth to City Council any necessary revisions to the City Code which he deems appropriate to implement the recommendations of the plan. Adopted by the Council of the City Of Virginia Beach, Virginia, on the day of December 10th , 2002 AS TO 1ONTENT l APPROVED AS TO LEGAL SUFFICIENCY: 1/t~~ Pu - 29- Item V-L3.a.(l)(2)(3) RESOL UTI ONS/ORDINANCES ITEM # 50566 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY: Ordinances to AMEND the City Code: Tax revisions: Receipt and collection of meal taxes Admission and lodging taxes New penalty and interest provisions for these taxes Voting: 9-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood December 10,2002 - 30- Item V-I.3.b. RESOL UTIONS/ORDINANCES ITEM # 50567 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AMEND the City Code: Repeal Article IL §§ 3-21 through 3-29 re perm its for signs and advertising devices (BILLBOARDS) Voting: 9-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood December 10, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 1 2 3 4 5 6 7 AN ORDINANCE TO REPEAL ARTICLE II, SECTIONS 3- 21 THROUGH 3-29 OF THE CITY CODE PERTAINING TO PERMIT FOR SIGNS AND OTHER ADVERTISING DEVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 8 That Article II, Sections 3-21 through 3-29 of the City Code 9 are hereby repealed as follows: ARTICLE II. PERMIT FOR SIGNS AND OTHER ADVERTISING DEVICES Reserved. Sec. J 21. Violations of article. Reserved. Ullle~~ otLerwi~e ~pecifically pro v ided, viola tiOll of allY a pro v i~ lOll of tIli~ article ~Ilall COl15ti t ute a Cla55 1 ILli sdeILleallor . Sec. J 22. Required, exceptiohs. Reserved. (a) Except a5 otLerwise provided Lereill, it sllall be ulllawful for allY persoll to erect, collstruct, plõ.ce or otLer'lllise locate õ.llY Sigll, billboõ.rd or otLer advertisillg device witIlill tIle city, ullless õ. penlLi t so to do La~ beell Ü5S ued pur s Uõ.llt to tLi5 õ.rticle. (b) No perrlli t sllõ.ll be required Ullder tIlis article for. (1 ) :Jigll~ twellty four (24) illclles by twellty four (24) illclles alld sILlaller. (2 ) :JigllS plõ.ced ill or 011 a busille5s establisLrwo-::llt locõ.ted wi tLill tLe z:olled for bu5illess, õ.dvertisillg tIle areõ.s bu~illess located tLereoll. (c) Ullless tLeir locõ.tioll would be ill collf 1 i ct witll all Y Z:Ollillg or otller reg ulatioll for tIle põ.rticulõ.r area ill v 01 ved, 110 perrlli t ~Lõ.ll be required Ullder tLis õ.rticle ill allY areõ. of tLe city for tLe locõ.tioll of tLe followillg Sigll.:>. (1 ) Reõ.l e5tõ.te Sigl15, deõ.lillg strictly witll tIle property for sale UPOll wLicL tLe 5igll is locõ.ted. Olle Sigll for eõ.cL lot will perrlli tted. Sigll exceed ~Ilõ.ll :JUcll 110t be twellty four (24) illclles square. (2) Dusille55 relatillg õ.rticles or tLe sõ.le of to SlgllS IllercLõ.lldise beillg sold 011 tLe prelllises. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 ( J) Touri5t accolLClLlodatioll 5igl15 for adverti5eILlellt alld for tLe purp05e of 5Lowil,g roollllllg v acallcie5 . 5igl15 All for Lou5e5, Illote15, ga5 5tatiol15 alld trailer calL(p5 5Lall be located elltirely witLill tLe property beillg adverti5ed. :JLould fllakil,g greater collflict tI,e r eq ui r enlell t tLe occur, allY re5trictioll 5Lall apply. Sec. 3 23. Application generally. Reserved. AllY per 5011 de5irir,g a perIlli t required by tLi5 article 5Lall file all applicatioll tLerefor wi tL tLe plalll,il,g conulli5õioll. Eõ.cL õucL applicatioll õLall be accolllpallied by a plat or drawillg õLowillg tLe locatiOll of tLe õigll, billboard or otLer adv erti5illg de v ice wi tL relatioll to l,igLway rigLt5 of way alld 5treet5 alld 5Lall õl,ow tLe locatioll of otLer õigl15 alld tLe di5tallce betweell .:5igI15. :JUcl, plat or drawil,g 5Lall give tI,e llanle5 of tLe 5treet5 illvolved alld 5Lall illdicate wl,o OWl,Õ tLe lalld ill v 01 v ed. TLe applicatioll 5Lall illdica te tLe 5iz:e of tI,e billboard otLer adverti5illg 5:1g11, or de v ice il, queõtioll. Sec. 3 24. Fee. Reserved. EacL applicatioll for a perIlli t tLi5 Ullder article 5Lall be accolL(pallied by a perfl,i t fee of twellty tLree dollar 5 (:;;2J. 00) . Sec. 3 25. Planning commission action on application. Reserved. TLe plalll,il,g COILI1lli55iol1 51,all recei v e, for 5t udy alld report, allY applicatioll Illake it5 filed ullder tLi5 article, alld 5Lall r e collll1lellda t i 011 tLe city coUIlcil to COIICerIlillg eacL 5ucL applicatioll. Sec. 3 2 G . Grant, serial bunlbering. Reserved. TLe city coullcil, after receipt of tLe reCOlLl1llelldatiol15 of tI,e city plalll,il,g contIhi55ioll, aõ provided ill 5ectiOll J 2~, lLlay grallt a perIllit for tLe locatiOll of a 5igll, billboard or otLer adverti5illg de v ice. :JucL perIlli t 5Lall be 5er ially llUlllbered. 2 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 Sec. J 27. Permit plate or tag. Reserved. Every Sigll, billboard otl,er advertisil,g device, witL or referellce to Wl,icl, a perlL,i t l,as beell grõ.llted or rellewed Ullder tLis article, sl,all l,a v e õ.ttacLed tl,ereol" COllSpicuous place III a visible frOl" tLe lleõ.rest .street or LigLwõ.y, a r"etõ.l perrllit plate or tõ.g, il,dicatil,g tLe perr"it llUIllber alld tLe yeõ.r of grallt or rellewõ.l. AllY .s igll, billbOõ.rd or otLer õ.d v erti.sil,g de v ice 110t La v illg .s ucL perlL,i t plate or tõ.g so at tacLed tLereoll sLall be relllO v ed. Sec. J 20. Term, rehewal. Reserved. All perr"it.s grallted Ullder tl,i.s õ.rticle sLall be issued for tLe calelldar yeõ.r il, wLicL applicõ.tiorl i.s rllõ.de alld .sLall expire 011 tLe tLirty fir.st dõ.y of Decel'l,ber of tI,e yeõ.r is.sued. All .sucL pen,its sLõ.ll be relleWed T¡<J i tLill tLirty (JO) days followillg tI,e expirõ.tioll dõ.te tl,ereof or tLe Sigll, billboõ.rd or otl,er advertisillg device ill questioll .sl,õ.ll renlo v ed \1'i'i tLill .sixty (GO) after sucl, dõ.ys be expiratiOll date. A fee of tell dollõ.rs (~10. 00) sLõ.ll be cLõ.rged for tLe rellewal of õ.llY .s ucL perl'l,i t. Sec. J 29. Reserved. Revocation. If õ.llY .sigll, billboõ.rd or otl,er advertisil,g device for wLicL õ. perrllit Lõ.s be ell issued Ullder tLi.s article is fOUIld to be Cõ.USillg õ. Lardslâp Íl"Põ.ir illg tLe locatioll is tlŒougL õ.lld fOUlld to be Leõ.ltL, sõ.fety or l'l,orõ.ls of tLe public, UPOll recor1l1llelldõ.tioll of tLe plõ.lll,il,g COlLtIllissioll or UPOll its 0\1'i'11 illitiõ.tive, tLe city coullcil nlõ.Y re voke s ucL pern,i t. Notice of .s ucL re v OCõ.tiOll sLõ.ll be sellt to tLe perr"i t Lolder. If 5ucL Sigll, billboõ.rd or otl,er oWller or õ.dverti.sil,g device is r,ot rerlloved witLill sixty (GO) day s frOlll tI,e d5te of 110tific5tioll, tLe S51'1le sL511 be ren,oved by tLe city 511d tLe expellse of s Ucl, cl,5rged to tLe O\1'i'ller or perr"i t Lolder. 3 Adopted by the city Council of the City of Virginia Beach, Virginia, on this 10th day of December, 2002. CA-8690 DATA/ODIN/PROPOSED/03-021etalord.wpd Rl November 25, 2002 4 - 31 - Item V-I.4. RES 0 L UTI 0 NSIO RD INAN CES ITEM # 50568 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to declare EXCESS PROPERTY on Harbour Point Road Extended, and, AUTHORIZE the City Manager to convey this property to F. Wayne and Cheryl McLeskey with a Deed of Exchange Voting: 9-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood December 10, 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ORDINANCE NO. AN ORDINANCE TO DECLARE CERTAIN CITY PROPERTY EXCESS AND AUTHORIZE THE CITY MANAGER TO DISPOSE OF SAME BY EXECUTING A DEED OF EXCHANGE WITH F. WAYNE MCLESKEY, JR. AND CHERYLP.MCLESKEY WHEREAS, the City Council of the City of Virginia Beach has authorized and funded CIP 2-218, Harbour Point Road Extended for right of way purposes, which included widening the road and establishing a turn lane and traffic light at the intersection of Harbour Point Road and General Booth Boulevard in the City of Virginia Beach; WHEREAS, the City of Virginia Beach acquired property at the above-referenced intersection by Order recorded in Deed Book 3485, at page 568, which property is described as Lots 11, 12, 15, 16 and 17 in Map Book 234, at page 25; WHEREAS, the City Council is of the opinion that 9,825 Sq. Ft. of the property acquired is in excess ofthe needs ofthe City of Virginia Beach, as shown as Lot 11A on the plat entitled "Resubdivision of Lots 11 and 12 ofReplat of Rudee Heights," a copy of which is attached hereto as Exhibit A.; WHEREAS, the City of Virginia Beach recorded Certificate of Take No. 1386 against F. Wayne McLeskey, Jr. and Cheryl P. McLeskey, his wife, for 950 Sq. Ft. (0.022 Acres) Take Area and 61 Sq. Ft. (0.001 acres) Temporary Construction Easement valued at $12,537.00, (the "McLeskey Property"); WHEREAS, a settlement has been reached in this pending condemnation action, in which the City of Virginia Beach and F. Wayne McLeskey, Jr., and Cheryl P. McLeskey have agreed to exchange property in settlement of the condemnation action. Under the proposed settlement agreement, the City would convey Lot l1A, which is described above, in exchange for property owned by McLeskeys and known as Lots Band C, as shown on the plat entitled: "PLAT SHOWING PROPERTY TO BE ACQUIRED BY THE CITY OF VIRGINIA BEACH FROM F. WAYNE 28 MCLESKEY, JR.," dated June 5, 2001, prepared by Survey Bureau, Engineering Division, 29 Department of Public Works, City of Virginia Beach, Virginia, a copy of which is attached hereto 30 as Exhibit B. 31 32 33 34 35 36 37 38 39 40 41 42 43 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Property described as Lot l1A, as shown above and also shown on the plat marked as Exhibit A is hereby declared to be in excess ofthe needs ofthe City, and that the City Manager is hereby authorized to execute an agreement to exchange said City Property for Lot B and Lot C described above and shown on the plat marked as Exhibit B, in settlement of the condemnation action for land owned by F. Wayne McLeskey, Jr., and Cheryl P. McLeskey. 2. That the City Manager is authorized to execute a Deed of Exchange with F. Wayne McLeskey, Jr., and Cheryl P. McLeskey in accordance with the attached Summary of Terms and such other terms, conditions or modifications as may be satisfactory to the City Attorney. This ordinance shall be effective from the date of its adoption. Adopted by the Council ofthe City of Virginia Beach, Virginia, on the1 Oth day of December' 2002. F:\Data\A TY\Forms\Deeds\ WORKING\rp3599 .ord2 November 14,2002 Approved as to Content Approved as to Legal Sufficiency c. 7Y)t"h,; ~ A ~ epartment ofPubIic Works Office of Real Estate . LOCATION MAP SHOWING ESTABLISHMENT OF RIGHT-OF-WAY AND PROPERTY EXCHANGE BETWEEN THE CllY OF VIRGINIA BEACH AND F. WAYNE MCLESKEY, JR. AND CHERYL MCLESKEY AT HARBOUR POINT SUBDIVISION ~~~<'LJ SCALE: 1"= 100' / / ~~ I.) DOCKS - --... '- " M.J.S. MCLESkEY SWAP.DGN PREPARED BY PIW ENG. DRAFT. 10/24/2001 .mNG OR DEDlCAT1ON Of THE fOUOWING D£SauøED VlND, 'RESUBDIVISION Of LOTS 11 , Of REPlAT Of RUDEE HEIGIf1S', LOCATED IN THE CItY Of VIRGINIA BEAOf, VlRCINIA IS '"'" CONsENT AND IN ACcoRD""'CE WITH THE DESIRE OF THE UNDERSIGNro. WHo C£R11fY HEY ARE THE fIE SIMP'I£ OWNERCS' Of SAID lAND, ""'D TH.\T THERE ARE NO EMQJMBRANCES IS PROPfRTY. THE ESrABUSHMENT OF THE STREETS NID EASEMENTS ARE SUBJECT TO THE Of THE mY Of VIRGINIA 81'ACH, VI!<GINIA AND ARE fOIl THE I'URI'OSE REfERENCm ON IT Ki WEIJ. AS fOR THE SURFACE, UNDE D AND CMRHEAD unlIT'ES. S/.u,/.I S. fURrnER DfYElOPMENT Of THIS PARCEL lNaUDtNG AN'( FilliNG OR Ptl\'SICAl ALTERATIONS Of THIS PARCEL MAY REQUIRE ADOmONA1. P£RMITS fROM THE cr¡y Of VIRGINIA BEACH OR OTHER GOVERNMENTAl. AGENOes. 5. THE laTAi. AR:'A !NcoMJoKiSED BY THIS RESUBDMSJON IS 14,371 SQ. FT. VIRGINIA: IN THE a.ERK'S OFI)CE OF THE ORCUIT COURT Of THE arv OF VIRGINIA 81'ACH, VIRGINIA, ON THE - DAY.OF .2001. THIS PlAT WAS REaMD AND APMFTrn> 10 RECORD IN MAP BOOK AT PAGE )!'ERTY EMBRACED WITHIN THE UMITS OF THIS RESUBOMsION WAS CONVEYED TO THE arv õlNlA BEACH fROM JERRY E. .. JUDfIH A. ROSS BY DEED DATED MARCH 30. 1994 AND ED IN DEED BOOK 3316 AT PAGE TIm IN THE a..ERJ('S 0fACE Of THE ORCUIT COURT Of V Of VIRGINIA BEAOf. VIRGINIA, TESTE a.ERJ( fVlRGINIA VIRGINIA BfAOI, TO wm ~ ~ ..AI. .A~I\I ,A NOTAllYPUB~ ""'D FOR THE arv AND STAn 'D,OO HEREBY aomfY TH.\T C .ð-.J ~--~ :r;:. ,arv MNWn DULY AUTHORIZED DESIGNEE WHOSE NAME IS SIGNED TO THE fORroOING WRn1NG, DAn ON THE ~,DAY Of .~ ,2001, ACkNOWt!Dc;ro THE SAME M£ IN MY arv AND STAn AFORESAID. '-1"?f. ~ llANO m~ 16" DAY Of ~ -h '7:: ~ . - .......... , MY COMMISSION EXPIRES: 1 ~ øoJ NeTAIIY PUB C , VO\~1 It ~G...,1I ~~.'J' DERSIGNED aomfY TH.\T THE "'SUBDIVISION, Ki IT APPEARs ON mls PLAT, œ:!fOItMS TO UCA8lE REGUlAT1ONS RElAlINC TO mE RESUBOMSION OF lAND AND ACCORDINGlY Ð BY SUCH APPROVAl.. THE UNDERSIGNED DO NOT al<l1fY Ki TO 1HE CORJŒC1NESS Of IRIES, STREETS, OR OTHER UNES SHOWN ON THIS PlAT. . #o~ç,. s<:l~¡-II 'ED: (' ~ ~ tI. DATE: c;/ qðl t DIRKTOR Of PlANNING, OTY" Of VIRGINIA BfAOI, VIRGINIA 'Eo-. ~ C.èilàw.s1ll1 DA~ 5.30.0(' ~. CTOR Of PUBlIC WORKS, arv Of VIRGINiA BEACH, VIRGINIA IÇIDD,jR.A VlND SUIMmR DO HEREBY cEJrnfY TH.\T lHIS PlAT W/IS MAD£ III' ME, THE DfRSIGNED, AT mE DIREC1ION Of THE OWNER ""'D mAT THE RESUBOMsION /IS SHOWN I IS ENTIRELY WITH';" THE BOUNDARIES Of THE 1ANt> CONvEYED UNTO mE arv Of . BEÀCH AND T1iAT CONcRrnD STEEl PINS ARE II< PlACE AT POINTS MAAAED THUS ',,- "lAT THEIR LOCATIONS ARE CORRECtly SHOWN. , , , , '... oJ,.. ¿ ',;.,/:: :'tt'ð'",,<?P~ <;'~_<t' .>{>... "'<;,~:",>"" .~ .... <Q. A.. ;r~}. ~-> 1;0'" -A (, ..}. ~"ð'~, 0;. -.'.. "... " .$}~.. "" " lOT IS (0.>- "0 , '\ '\ , '\ , '\ NOW OR fORMERLY '\ CITY OF VIRGINIA BEACH', D. B. 3376 PG. 11D1 '\ M, B. 234 PG. 2S , GPIN 2427 21 2490 '\ , LOT 16 , DATE: IDS/II/ZDo( EACH, VIRGINIA . , Exhibit "A" PlAT IS A RESULT OF fIElD TIES TO EJOSnNG MONUMENTS COMBINED WITH THE PllAßON Of DEEDS NoID PlATS SHOWN HEREON AND IS INTENDED TO REPRESENT OUNDAIIY SURVEY. ~o\'¡-leq- It.,Reoú. f1,¡or,., ~ Þo ~ ---II- I'I\?- ~~ 6$ . "'c: 'f6) CURVE DATA TABLE NO. DELTA RADIUS LENGlH TANŒNT CHORD 1 06'35'13" 500.00' 57.48' 28,77' 57,45' 2 56'58'10" 279.00' 277 ,41' 151.39' 266.12' 3 33'15' 10" 279.00' 161.92' 83,31' 159.66' 4 14' 04 00 279.00 68.50 34.42 6B.33 CHORD BEAll 5 53' 33' 04 5 74'16'0. N 72' 03' 3: S 8~' 1 Eo' 5 JV.N SOURa IS BASED ON VIRGINIA STATE PlANE COORDINATES Sl'STtM, SOIJT}f ZONE 1963 166. PROPfRTY AP!'W<S TO VE IN flOOD ZONE X, COMMUNITY PANel SISS31-3", REVt5ION , OKIMBER 05,1996. sm VB WITHIN AlRQ<AfT ACaDENT PCmNTlAL ZONE N IA AND lOR NOISE ZONE )db Wn NolO MAY BE SUBJECT TO AIRCRAFT ACCIDENTS AND lOR ABOVE AVERAGE E l1VELS DUE TO ITS PROXIMITY TO AIRPORT OPfRATlONS. NOISE ZONE AmNVATlON ,URES fOR NEW CONSTRUCTION AND ARE REQUIRED IN ACCORDANCE WITH THE >Rf NOtSE AmNUATION NolO SAfETY ORDINANCE. HEIGHT RES1RJenONS HAVE BEEN 5fO IN ACCORDANCE WITH SEenON 202{h1 OF THE 01Y ZONING ORDINANCE. AREA TAB LE RESUBDIVISION Of LOTS 11 AND 12 OF REPLAT OF RUDEE HEIGHTS (M. B. 2&PG. 57) BY LOT I1A ROÀD RlGHT- OF-WAY TOTAl AREA OF RESUBDIVISION ~ 9,825 SQ. FT. = 4,S52 5Q. FT. THE CITY OF VIRGINIA BEACH GRAPHIC SCALE SCALE l' = 2S' I I I 0' 25' SO' ~ 14,37'1 SQ. FT. VIRGINIA BEACH, VIRGINIA ENQNEERINQ DIVISION SURVEY BUREAU OFPARTMFNT m PlIRllr wn""" ~~ ~ii! a-: §~ ~!!' ì!2 !~ ~~ >~ . ;,aVoLTH"';*""- o'f F",. ~ "'~'\. ! C5/h/ZOOI ~1. u WAID IODD.!R. ~~ ~W~~ ~ > '-<-to\¡, ,.. ~ - SUll"~"O' LEGEND -- PIN (fO\.!ND -0- CORNER. (NOT SEt) -{}- CONCRFI£ MON. CSETJ ~llN PAnMENT r -0- DRIU HOI.-E IN TOf' Of CURB -- CONCR£TE MON. (fOUND) APPROVED, P..kßðf It- /J"'J.P,~/A-(t- OATE'~z.OO/ ~rOlRECTOR F PUBLIC WOR :S. CITY OF VIRGINIA BEACH. VIRGINIA ;§- dJG ~ ~ ~ ()..;,~ « LOT It ^'\ ¡ \ SIGNEO, iUJ '\ DATE, ')'1/t~(zøl ~~ ç,~' 1,Go <t-':' ~~ "'~ NO. I 2 CHORD BEARING S 73'2Q'4Q' W N 34'57'4Q' E wui "'CD <r..... ZM -CD 00- 11:- 0 00 u<r Z w zw <rZ -'0 I1.N W:X: ...... <r=> ...0 """ ~:i ZUJ 8:;; a:>- >'" .5'~~'¡-'.5"> $6'.' -\'- NOW OR FORMERLY ';>6';s- ;y F. WAYNE MCLE5KEY. JR. 9'~ D. B. 1726 PG. 328 M. B. 65 PG. 46 GPIN 2427 21 0274 LOT 45 ,y~-9,.... .' P-9-?/. Q'°Ú / fÁ;t -96><~ ~ A /.. .~ 6: ~.lO Vh,...!v."o~ ;s- ~~ 'II', """", ,oG: -?--~ ~~ '9'6'.1 ,,~,~ ..~ .'."; 'tV ."$.' N= 3,471.271.24 ..::-- E= 12,222.141.50 F. WAYNE MCLE5KEY. JR. D. B. 1726 PG. 328 M. B. 65 PI;. 46 GPIN 2427 21 1262 ¡¡, {> ~ ~ Ji' '" 5iY :<r ~ :t ~ ~ ««5 §? "'. ~v: ;:;- ~1 .;y~ ~.1> "- ~~ ?; ,:..,' ¡:j <§t [j, q: ~ t) Iff (j LEGEND -- PIN IFOUNOI ~ CORNER (NOT SET> -0- CONCRETE MON. (SET! NAIL IN PAVEMENT (FOUND) 0 OENOTES PROPERTY TO BE ACOUIRED BY THE CITY OF VIRGINIA BEACH, FROM F. WAYNE MCLESKEY, JR. AREA OF PARCEL B = 2.101 SO. FT. AREA OF PARCEL C = 3,405 SO. FT. TOTAL AREA = 5.506 SO. FT. -\lo¡,- ?~~ O-\',<- <Q <9 .<;I. 0. ~~./, O-\'Ató; ~<Q & oJo;o;S O-}.I~$ o"} ¡- . ~. <"S ,o~.I G',o/-} 6'S '/ ,0 c: ;> <'9'<;> ,oc:C: o;;>9S </ / 0;89 /Sa --- CONCRETE MON. IFOUNOI NOTES, I. PROPERTY LINE INFORMATION is BASEO ON PLATS, DEEDS. AND ACTUAL FIElO MEASUREMENTS. THIS PLAT IS INTENOEO FOR ACOUiSlTlON PURPOSES ONLY. n," , "'-\I \¿'iI $>. / ".;>, ?$. . '?;>. ?;>. . , ¡,-.' FORMERL Y ACOUIRED ",' R/W PARCEL 10. B. 3BQ4 PD. B441 1M. B. 23Q PG. B7) GRAPHIC SCAlE SCALE I' = 25 Exhibit liB" I I j 0' 25' 50' N= 3,47I,IQ0.01 E= ,2,222.IQ1.56 2. MERIOIAN SOURCE [S BASED ON VIRGINIA STATE PLANE COORDINATE SYSTEM. SOUTH ZONE NAD IQB3/86. COORDINATE VALUES ARE EXPRESSED IN INTERNATIONAL FEET lONE FOOT EOUALS 0.304B METERSI. VIRGINI A, PROPERTY PLAT SHOWING TO BE ACQUIRED BY THE CITY OF VIRGINIA BEACH FROM F.WAYNE MCLESKEY.JR VIRGINIA BEACH. VIRGINIA SURVEY BUREAU ENGiNEERING DIV[SION DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH. VIRGINIA IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH. VIRGINIA. ON THE - OAY OF .2001. THIS PLAT WAS RECEIVED AND ADMITTED TO RECORD IN MAP BOOK - AT PAGE r-----71 TO BE ACQUIRED BY L..--'-.....-1 THE CITY OF VIRGINIA BEACH AREA TABLE TES IE PARCEL B = 2,101 SO, FT. PARCEL C = 3,405 5'0. FT. TOTAL = 5.506 SO. FT. CLERK In~TC. "'~C ~~ '~n'¡I"".. ~ .. ~c. linn..... no ...,,-.-, - - ,,-.. - ~,,_.. .. EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-81 I (A)(3). 58.1 (C)(3) AND 58.1-811(C)(4) REIMBURSEMENT AUTHORlZED UNDER SECTION 25 - 249 " THIS DEED OF EX CHAN G E. made this !i!!;;;y 0 L4 'J oJ. . 2001 , by and between F. WAYNE MCLESKEY, JR. (for indexing purposes, both "Grantor" and "Grantee"), whose address is 2859 Virginia Beach Boulevard, Suite 106, Virginia Beach, Virginia e.PL( 23452, and CHERYL P. ~~ MCLESKEY, his wife (for indexing purposes, "Grantor"), and the CITY OF VIRGINIA BEACH, a municipal corporation ofthe Commonwealth of Virginia (the "City" and for indexing purposes both "Grantor" and "Grantee"). WITNESSETH: That for and in consideration of the sum of ONE DOLLAR ($1.00) cash in hand paid, and other good and valuable consideration, the receipt and sufficiency ofwhich are hereby CP!.t acknowledged, F. Wayne McLeskey, Jr., and Cheryl P. .-)'1 V. McLeskey, his wife, do hereby grant and convey, with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE, unto the City, the following described property, to wit: All those certain lots, pieces or parcels of land, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "F. WAYNE MCLESKEY, JR., D.B. 1726 PG 328, M.B.65 PG. 46, GPIN 242721 2312, PARCEL C, AREA = 3,405 SQ. FT." and "F. WAYNE MCLESKEY, JR., D.B. 1726 PG. 328, M.B. 65 PG. 46, GPIN 2427-21-1262, PARCEL B, AREA = 2,101 SQ. FT.," as shown on that certain plat entitled: "PLAT SHOWING PROPERTY TO BE ACQUIRED BY THE CITY OF VIRGINIA BEACH FROM F. WAYNE MCLESKEY, JR.," Scale: 1" = 25', dated June 5, 2001, prepared by Survey Bureau, Engineering Division, Department of Public Works, City of Virginia Beach, Virginia, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, simultaneously herewith, to which reference is made for a more particular description. GPIN: 2427-21-1262,2427-21-2312 and 2427-21-2591 :}v 7n l;~ IT BEING a part of the same property conveyed to F. Wayne McLeskey, Jr., from Lighthouse Point Corporation, a Virginia corporation, bydeed dated November 3, 1977, duly recorded in the aforesaid Clerk's Office in Deed Book 1726, at page 328. AND, for and in consideration of the sum of ONE DOLLAR ($1.00) cash in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City does hereby grant and convey, with SPECIAL WARRANTY unto F. Wayne McLeskey, Jr., the following described property, to-wit: All that certain lot, piece, or parcel ofland, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "LOT IIA GPIN 2427-21-2591" as shown on that certain plat entitled: "RESUBDIVISION OF LOTS II AND 12 OF REPLAT OF RUDEE HEIGHTS (M.B. 26, PAGE 57) BY THE CITY OF VIRGINIA BEACH, VIRGINIA," Scale: I" = 25', dated May 08, 200 I, prepared by Survey Bureau, Engineering Division, Department of Public Works, City of Virginia Beach, Virginia, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, simultaneously herewith, to which reference is made for a more particular description. IT BEING a part of the same property acquired by the City of Virginia Beach from Jerry E. Ross, et ux., pursuant to Certificate No. 1317, duly recorded in the aforesaid Clerk's Office in Deed Book 3376, at page 1101. This conveyance is made subject to any covenants, conditions, restrictions and easements in the chain of title constituting constructive notice. By execution ofthis instrument, the F. Wayne McLeskey, Jr., acknowledges that the plans for Harbor Point Drive (CIP 2-218) (the "Project") as they affect his property have been fully explained to him. It is understood and agreed that the consideration hereinabove mentioned and paid to F. Wayne McLeskey, Jr., constitutes payment in full for the property and interests hereby conveyed by him and for damages, if any, resulting from the Project and use made by the City of the property and interests conveyed by him herein. 2 ~ ?n~ ~ &JI Anything herein to the con~pary notwithstanding, Cheryl P. .. r{ McLeskey, executes this Deed of Exchange for the sole purpose of consenting to the conveyance of and releasing any marital or augmented estate interest in the easement and rights set forth herein. CITY OF VIRGINIA BEACH BY: City Manager! Authorized Designee of the City Manager (SEAL) ATTEST: Ruth Hodges Smith City Clerk APPROVED AS TO FORM . I , CITY ATTORNEY ACCEPTED ON BEHALF OF THE CITY OF VIRGINIA BEACH ~ C~6h Y REAL ES ATE AGENT STATE OF VIRGINIA 11 CITY OF :::!.)i.Á-(yA--la.... t1PL, to-wit: The foregoing instrument was acknowledged before me this ~ay of . ,2001, by F. Wayne McLeskey, Jr. N~1(¡l /~ My Commission EXPir91Lf JJ, JO()r ( ../ 3 STATEOF~fNIA ~ " CITY OFl < /)L~ to wit: . The foregoing instrument was acknowledged before me this ~y of Q.¡ØI-.{ , 2001, by Cheryl P. Wikcrx McLeskey. N~~ My commission eXPi~cJøÒ d-- STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ~ The foregoing instrument was acknowledged before me this - day of ,200l,by City Manager! Authorized Designee of City Manager of the City of Virginia Beach, Virginia, on its behalf. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instnllnent was acknowledged before me this - day of ,2001, by Ruth Hodges Smith, City Clerk of the City of Virginia Beach, Virginia, on its behalf. Notary Public My Commission Expires: F ;\Data\ATY\Fom1s\Deeds\ WO RKJNG\RP3 599. OED. wpd 4 SUMMARY OF TERMS AGREEMENT FOR THE EXCHANGE OF EXCESS CITY PROPERTY LOCATED BETWEEN HARBOUR POINT AND GENERAL BOOTH BOULEVARD OWNED BY CITY OF VIRGINIA BEACH FOR TWO PARCELS LOCATED ON THE CORNERS OF HARBOUR POINT AND GENERAL BOOTH BOULEV ARD OWNED BY F. WAYNE MCLESKEY AND CHERYL P. MCLESKEY CITY PARCEL: GPIN 2427-21-2591, Lot l1A, 9,825 Sq. Ft. as shown on Resubdivision of Lots 11 and 12 of Replat of Rudee Heights. MCLESKEYS' PARCELS: PARCEL B - GPIN 2427-21-1262,2,101 Sq. Ft. PARCEL C - GPIN 2427-21-2312,3,405 Sq. Ft. (Total square feet of both parcels: 5,506 Sq. Ft.) SALE PRICE: This is an equal value land exchange. (A portion of Parcel C is currently the subject of a condemnation action, under which the City has deposited $12,537 with the Court. The McLeskeys will retain these funds under the Agreement for the exchange of the abovementioned property.) CLOSING DATE: The anticipated closing will take place after the Deed of Exchange is fully executed by the City. SPECIAL TERMS AND CONDITIONS: . F. Wayne McLeskey and Cheryl P. McLeskey have agreed to this land exchange. . The resubdivision plat and the plat describing Lots Band C will be recorded simultaneously at closing. F.IDatalA TYIFormslDeedsl WORKINGlrp3599.sum - 32- Item V-I.5. RESOL UTIONS/ORDINANCES ITEM # 50569 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to A UTHORIZE the City Manager to execute a Deed of Release and Exchange re Agricultural Land Preservation (ARP) easement on land owned by ROY D. FLANAGAN Voting: 9-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood December 10, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 1 2 3 4 5 6 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A DEED OF RELEASE AND EXCHANGE PERTAINING TO AN AGRICULTURAL LANDS PRESERVATION EASEMENT LOCATED ON LAND OF ROY D. FLANAGAN 7 WHEREAS, on June 2, 1999, the City of Virginia Beach and Roy 8 Flanagan (hereinafter "Flanagan") , entered into D. Installment 9 Purchase Agreement Number 1998-23, whereby the City acquired an Agricultural Lands Preservation Easement (hereinafter "Preservation Easement") upon certain property owned by Flanagan; and WHEREAS, aforesaid Flanagan of the transaction, as part reserved for future development a portion of property having an approximate of three (3) such that the said area acres, Preservation Easement does not encumber the reserved area; and WHEREAS, Flanagan desires to exchange the aforesaid reserved area for an equal area of land which to be encumbered by the Preservation Easement, as shown on the attached "Exhibit Showing Easement Exception Standing in the name of Roy David Flanagan and Susan Flanagan," dated November 19, 2002, and prepared by Bonifant Land Surveys; and WHEREAS, pursuant to Section 11 of the Agricultural Lands Preservation Ordinance (hereinafter "Ordinance"), a landowner may petition the City Council for the extinguishment of a Preservation Easement in a exchange for the city the to of conveyance Preservation Easement on a different portion of the landowner's property, under certain conditions set forth in the Ordinance; and WHEREAS, the Ordinance provides that the City Council shall approve such an exchange if it makes certain findings enumerated in the Ordinance; and WHEREAS, the City Council does hereby make such findings, to- wit: (1 ) the acquisition of the proposed Preservation Easement in lieu of the existing Preservation Easement does not adversely affect the City's interests in accomplishing the purposes of the Ordinance; 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 (2) the proposed Preservation Easement area meets all of the eligibility requirements set forth in Section 7 of the Ordinance; (3) the land to be encumbered by the proposed Preservation Easement is of at least equal fair market value, is of greater value as feasible and of nearly permanent as open space, as equivalent usefulness and location for use as permanent open-space land as the property on which the existing Preservation Easement is located; and (4 ) the new consideration acquisition for the of the Preservation Easement consists solely of the extinguishment of the existing Preservation Easement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That subject to the determination of the City Attorney that there are no defects in title to the property to be placed under the Preservation Easement or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, the City Manager be, and hereby is, authorized and directed to execute a Deed of Release and Exchange pursuant to which the Preservation Ci ty releases the existing Easement on a portion of the property, as shown on the aforesaid Exhibit, and acquires, in exchange therefor, land equal in area to be placed under the Preservation Easement, shown on such as Exhibit. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 10th day of December , 2002. CA8696 wmm\ordres\flanaganexchangeordin.wpd R-1 November 26, 2002 APPROVED AS TO LEGAL SU7~ CIENCY: !JJ JJÜA IØ (IJl (11ð/< I Law Department 2 ------ 241)-10.22/9 ANN F. GREGORY a KATIE Il, 'LANA(JAN 08 2803 P /955 2412- ..9-05 74 R. ÞAVIf) a SUSAN FLANNJAN tv 3' 4Z9, 1540. ,801 DB 46JO P 482 ~ 12,2/0,91867 i I I I , I ;~ I ~::~ ' , ( -,,¡ ""JI <:. ,.. ~" , "~I ¡ . I <¡ I I I IV i',"';';,.:;'!';"': ,-.-- - -. ---,-- - _1 ; ,;:6(',\.'.'0 I . ¡ ,ENis/¡('¡'J i Ea,¡>me"t ücec;I/Dn 8DIif1¡'ry t:I CIe voco/~d "'" .> I - I ~:i ; 'J. , ;/~ I I I I .:.,/ .'>J' "~ ( :'~'I ~ , ~." ;.:;/ I ÌÌ' ¿ ~ ~ c ì N 83;> 26' 14 . £: 2!50 ."0 Pro()osed ECSd~nl E:JCCf'f;IIOn Sour-dory J --- Q ~ & 1;1 3. ~ .... tY,; &&; :~ ~~ . ~~'f 8 8 ~ CI) :1." C ìQ"" ùlS\f ~~:!3 .jO' R/ Of'd,.;atlon SITE: 2 A,"eo '" /30,680 Sq. ft 5 B3°Z(S' /4'W 250 00' EXHIBIT SHOWiNG EASEMENT £XGE:PTiON ON PROPE:I'?TY STANDIIVGIN THE NAME OF ROY DAVID FLANAGAN a SUSAN FLANAGAN :~ is;¡ I ,';'- NORTH MUDDY CREEK RD. (MiL" p. q(j ) D8 46.30 P 482 FOR CITY OF VIRGINIA BEACH AGRICUL TURAL RESERVE PROGRAM illRGINIA BEACH, WRGrNIA OATi:l /9 NOVE:'f18E:R 20()2 0 !X) iOO /50 roo Bon/toM Lol'Id SurvClS P. 0 Box 638' IlirfJin;o BfOc/I, VlrQlnlO 2.3456 (126- !>361 SCt1L£ ,"",OC' 300 . (3(j R/W' Thomas Tye & Associates, Inc. 6062 Indian River Road, Suite 104 Virginia Beach, Virginia 23464 (757) 424-4125 FAX 420-9740 Email: TomTye@ThomasTye. Com November 21, 2002 I ¡::;--;7'--~ f i nl../ f¡ ~d " ¡ n I{ , UU ¡ :,. .:'.' J .,. L nY ~~E~;l ';1 ":"""-:",'~"--' Mr. Melvin Atkinson Department of Agriculture City of Virginia Beach Virginia Beach Municipal Center Virginia Beach, Virginia 23456 Reference: Flanagan Muddy Creek Road Virginia Beach, Virginia Dear Mr. Atkinson: At your request, I have reviewed a preliminary plat prepared to move the easement from one location on this site to another. I find that there would be no value difference between tl)ese two locations, and moving the easement as proposed is not detrimental to the rights that are vested in the City of Virginia Beach. Mr. Atkinson, if I can be of further assistance, please advise. Respectfully submitted, ,. CIATES, INC. Thomas M. Tye, MAl, SRA !lOCATION MAP SHOWING I ENCROACHMENT REQUESTED BY í ) I CIVIC LEAGUE OF PEMBROKE MEADOWS, INCORPORATED /~ ~ INTO CllY RIGHT-Of-WAY < PEM B R (~KUO U LEV ARD AN D WH ITE C HAPE L D RIYE \ \ SCALE: 1" = 100' L-lJ LOCATION MAP SCALE : 1" == 1,600' .... I I I I I ~ i g ~ t; dj ~ ~ ~ ~ 0 I I I : : : , , I WHITECHAPEL DRIVE. DeN M.j.S. 0 ~ ~ t M'I ï" \:) ?C \ \ \ PREPARED BY PM' ENG. C\DD DEPT. NOV. 1, 20002 Item V-I. 6. - 33- RES 0 L UTIO NS/O RD INAN CES ITEM # 50570 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE a temporary encroachment into a portion of the City's right-of-way for PEMBROKE MEADOWS CIVIC LEAGUE, INc. re illuminated flag pole, landscaping, identification sign, conduit, electrical cables and light fixtures at Pembroke Avenue and Whitechapel Drive. 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'sfees 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 that the excavation for the installation of the illuminated flagpole shall not exceed five (5) feet. 7. The applicant agrees that for scheduled repairs of the sanitary sewer main, the applicant, upon notification, must remove the encroachment within ten (10) days. 8. The applicant agrees that for emergency repairs of the sanitary sewer main, Public Utilities may remove the encroachment immediately without prior notification. 9. The applicant must submit and have approved a traffic control plan before commencing work. 10. The applicant must obtain a permit from the Office of Development Services Center, Planning Department, prior to commencing of work. December 10, 2002 - 34- Item V-L6. RESOL UTIO NS/ORDINANCES ITEM # 50570 (Continued) 11. 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. 12. 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: 9-0 (By Consent) Council Members Voting Aye: Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James 1. Wood December 10, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 1 Requested by Department of Public Works 2 3 4 5 6 7 AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE RIGHT-OF-WAY OF PEMBROKE BOULEVARD BY CIVIC LEAGUE OF PEMBROKE MEADOWS, INCORPORATED, ASSIGNS AND SUCCESSORS IN TITLE 8 WHEREAS, Civic League of Pembroke Meadows, Incorporated, 9 illuminated flag pole, desire to construct and maintain a 40' identification sign, 2 light fixtures, landscaping, PVC conduit, and electrical cables into the City's rights-of-way located at Pembroke Boulevard. WHEREAS, City Council is authorized pursuant to §§ 15.2- 2009 and 15.2-2107, Virginia, Code of amended, 1950, to as authorize a temporary encroachments upon the City's right-of-way subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended Civic League of Pembroke Meadows, Incorporated, assigns and successors in title are authorized to construct and maintain a temporary encroachment for 40' illuminated flag pole, a identification sign, 2 light fixtures, landscaping, PVC conduit, and electrical cable in the City's right-of-way as shown on the map entitled: "EXHIBIT SHOWING PROPOSED ENCROACHMENT PEMBROKE MEADOWS AT PEMBROKE MEADOWS SUBDIVISION (M.B. 72, P. 49) VIRGINIA BEACH, VIRGINIA SCALE 1"=30' OCTOBER 9, 2002", a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subj ect to those terms, condi tions and criteria contained in the Agreement between the City of Virginia Beach and ~..- 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Civic League of Pembroke Meadows, Incorporated, (the "Agreement") which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Civic League of Pembroke Meadows, Incorporated City Manager his authorized designee and the or execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of December , 2002. CA-# gsalmons/pembrokemeadows/ord. R-1 PREPARED: October 31, 2002 PROVED AS TO CONTENTS ,! C. SIGNATURE Ph] RfaP EM-dL DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY ~RM ~b~ CITY ATTORNEY 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMP1ED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUlHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this 3/ I day of Gf~.LL/ , 2002, by and between I the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and CIVIC LEAGUE OF PEMBROKE MEADOWS, INCORPORATED, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, IT IS PROPOSED BY THE Grantee to construct and maintain a 40' illuminated flag pole, neighborhood identification sign, two light fixtures, landscaping, PVC conduit and electrical cables, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, it is proposed by the Grantee to construct and maintain the, "Temporary Encroachment", it is necessary that the Grantee encroach into a portion of existing City right ofway known as Pembroke Boulevard and Whitechapel Drive "The Temporary Encroachment Area", and I the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. 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 0 f One Do liar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee I 1 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 SHOWING PROPOSED ENCROACHMENT PEMBROKE MEADOWS AT PEMBROKE MEADOWS SUBDIVISION (M.B. 72, P. 49) VIRGINIA BEACH, VIRGINIA SCALE: 1 "=30' OCTOBER 9,2002," as shown on a plat prepared by NDI, LL.C. BASGIER AND ASSOCIATES D IVISI ON ENGINEERS-SUR VEYORS- PLANNERS VIRGINIA BEACH, VIRGINIA, 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 I arising out oflbe location or existence oftbe Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be I ¡ construed to enlarge the permission and authority to permit the maintenance or construction of any ¡ ¡ II ì j II II Iii 'I 2 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's excavation for the installation of the illuminated flag pole shall not exceed 5 feet. It is further expressly understood and agreed that for scheduled repairs of the sanitary sewer main, the Grantee upon notification must remove the encroachment within 10 days. It is further expressly understood and agreed that for emergency repairs of the sanitary sewer main, Public Utilities may remove the encroachment immediately without prior notification to the Grantee. 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 must obtain a permit fÌ'om the Office of Development Services CenterlPlanning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way I pennit, the Grantee must post sureties. in accordance with their engineer's cost estimate, to the I Office of Development Services Center /P Janning Department. I lIt is further expressly understood and agreed that the Grantee must 0 btain and keep I. in furce all-risk property insurance and general liability or such insurance as is deemed necessary by I the City, and all insurance policies must name the City as additional named insured or loss payee, ! ¡ !i i ~ i as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an 3 I! II ! 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 ¡ I to the cancellation or termination oJ; or material change to, any of the insurance policies. The I I Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost ¡ thereof to the Grantee, and collect the cost in any manner provided by law for the collection oflocal ¡ 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 everyday I 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 oflocal or state taxes. IN WITNESS WHEREOF, Civic League of Pembroke Meadows, Incorporated has !. caused this Agreement to be executed by Peggy Caverly, President and a member of said association j I I with due authority to bind said association. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 4 . 1 ! ¡ CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: I I I I I ¡ I I CIVIC LEAGUE OF PEMBROKE ¡ MEADOWS, INCORPORATED I æ,::/:--;o:; .A¿¡'&~/¿; i Peggý ea4érly, President City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this I day of , 2O_, by I DESIGNEE OF THE CITY MANAGER. , CITY MANAGER! AUTHORIZED i. I. I ~ I j My Commission Expires: j j 1 j ¡ : I I ¡ Notary Public 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by RUTH HODGES SMITH, MMC, City Clerk for the CITY OF ! VIRGINIA BEACH. Notary Public My Commission Expires: 6- STATE OF CITYIC~ OF ~I,\., ~wit: The foregoing instrument was acknowledged before me this 3\$ day of . (L ~ , 20~ Peggy Caverly, President on behaJf of Civic League of Pembroke Meadows, Incorporated. I r~, . . ~ ^ \ II...£L- My Commission Expires: ~~ 3\ I d,OO3 II I APPROVED AS TO LEGAL SUFFICIENCY APPROVED AS TO CONTENT ~~lis~~~ ÁGENT 6 "..J. ........................ BOTANICAL NAME IW'HIOLfJ'1 umboollalG II ~ c::: W--.J ~~ 0- c::: We... ti~ :::!; ,,° z~ ¡:: (J)~ xw wz J.D.2194 18.2' 18.2' Exhibit" A" PLANT LIST COMMENTS ~ WHITECHAPEL DRIVE (M.B. 72. P. 48) ~ IX LEGEND . LIGHT FIXTURE . tN-GROUND LIGHT FIXTURE ..... PVC CONDUIT (TO 8E SIZED BY CONTRACTOR) - DIRECT BURIAL CABLE(S) (TO BE SIZED BY CONTRACTOR) brick wall w/columns PEMBROKE MEADOWS AT PEMBROKE MEADOWS SUBDIVISION (101.8. 72. P. 49) COMMON NAME SIZE , """bllner SPACING VIRGINIA BEACH, VIRGINIA SCALE: ,.. = 3D' OCTOBER 9, 2002 DwGIf Indt n Ha.lhø- All Shown NDI. L. 1... C. BASGIER AND ASSOCIATES DIVISION ENGINEERS -SURVF:YORS -PLANNERS VIRGINIA BEACH. VIRGINIA 8-R. 10' FLAGPOLE ('o. ..... ~ ci to . I I I I I . I I I I I I mh :0 I I , I . I I I I I I I , I 0 N 1"'1 cb ~ Ip cb -e ::I U ..c ... ; u ~~~ m~1D 1"'1 wa.:..... ~Ñ 0"'" Œcri m::i ::E~ LLI D.. ~ Ip ..c .... :::I U ..c ... ::s u -......._- -e ---..... 2.0' 1.B' 2.7.5' 27.1' 16.41 18.8' EXHIBIT SHOWING PROPOSED ENCROACHMENT CIVIC LEAGUE OF PEMBROKE MEADOWS, INCORPORATED Pembroke Boulevard and Whitechapel Drive Neighborhood Identification Sign west of the intersection of Pembroke Boulevard and Whitechapel Drive Approximate location of 40' illuminated flag pole and new landscaping. 40' illuminated flag pole with landscaping east of the intersection of Pembroke Boulevard and Whitechapel Drive Item V-J. PLANNING I.ERNEST A. AND CHERYL A. TAYLOR 2. MANSFIELD FARM, L.L.c. 3. EUCELL FACEN 4. SANTE FE 5. MICHAEL D. SIFEN, INc. - 35 - ITEM # 50571 6. KENNETH A. HALL FAMILY LTD. PARTNERSHIP 7. WHITT G. SESSOMS 8. MARVIN M. AND GAYLE B. ROLLINS 9. HERON RIDGE PROPERTIES, L.L.c. 10. DRAGAS ASSOCIATIONS X, L.c. 11. GLENWOOD SOUTH, L.L.c. CONDITIONAL USE PERMIT VARIANCE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CHANGE OF ZONING CONDITIONAL USE PERMIT CHANGE OF ZONING MODIFICATION OF CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING CHANGE OF ZONING December 10, 2002 - 36- Item V-J. PLANNING ITEM # 50572 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Items 1, 3, 5, 6 and 11 of the PLANNING BY CONSENT AGENDA. Voting: 9-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James 1. Wood December 10, 2002 - 37- Item V-J.l. PLANNING ITEM # 50573 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED a Resolution upon application of ERNEST A. and CHERYL A. TAYLOR for "AFTER THE FACT" MODIFICATION of a nonconforminf! use, re roof replacement: Application of Ernest A. and Cheryl A. Taylor for the expansion of a nonconforming use on a parcel located at the northwest corner of Arctic Avenue and 24th Street (GPIN 2427093403). Property is located at 403 24th Street and contains 8400 square feet. (DISTRICT 6 - BEACH) The following conditions shall be required: 1. A Certificate of Occupancy shall be obtained from the Permits and Inspection Division of the Department of Planning before re- occupying the structure. 2. The structure shall be modified only as depicted on the elevation provided by the applicant entitled, "Taylor Duplex at 24th Street, " dated November 26, 2002. Voting: 9-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood December 10, 2002 Item V-J.2. PLANNING - 38- ITEM # 50574 Attorney R. E. Bourdon, Phone: 499-8971, represented the applicant The following registered in OPPOSITION: Herb Jones, 2313 Sandpiper Road, Phone: 721-1103 Tim Barrow, 1928 Thunderbird Drive, Phone: 41-6154 Georgette Constant, 1110 82 Street, Phone: 422-2948 Upon motion by Councilman Reeve, seconded by Council Lady Eure, City Council ADOPTED Ordinance upon applications of MANSFIELD FARM, L.L.c.for a Variance and Conditional Use Permit: AND, Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Mansfield Farm, LLc. Property is located on the west side of Blackwater Road, across from Pungo Ferry Road (GPIN 1389725323; 1389715307; 1399010478). DISTRICT 7 PRINCESS ANNE APPLICATION OF MANSFIELD FARM, L.L.c. FOR A CONDITIONAL USE PERMIT FOR AN ALTERNATIVE RESIDENTIAL DEVELOPMENT RO120231063 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Application of Mansfield Farm, LLc. for a Conditional Use Permit for an Alternative Residential Development under Section 405 of the City Zoning Ordinance. Property is located on the west side of Blackwater Road, across from Pungo Ferry Road (GPIN 1389725323; 1389715307; 1399010478). The following conditions shall be required: 1. A suitable legal instrument restricting the development of the property to no more than twenty-two (22) residential lots shall be submitted with the final subdivision plat, and shall be recorded in the Clerk's Office of the Circuit Court. The content and form of such instrument shall be acceptable to the City Attorney. 2. A one-foot no ingress or egress easement shall be required along Blackwater Road with the exception of the access point for the proposed cul-de-sac. 3. No more than three flag lots are permitted in accordance with Sec. 405(8). 4. A fifty (5 O)-fo ot vegetated buffer, as described in the Comprehensive Plan, shall be installed along all residential property lines where they abut an active agricultural operation. The required buffers shall be planted prior to occupancy of the residential lots. 5. Fifty (50)-foot buffer shall be maintained along wetland areas as defined in the Southern Watersheds Management Ordinance. Unless a wetland delineation shows otherwise, the five and one- half (5.5) foot contour shall determine the edge of wetlands. December 10, 2002 - 39- Item V-J.2. PLANNING ITEM # 50574 (Continued) 6. The existingforested area on the upland portion of the property shall be preserved to the greatest extent practicable. Buildings and driveways shall be placed in areas that will save and protect as many trees as possible. 7. The cul-de-sac providing access to the lots shall not exceed 4,000 feet in length. 8. These conditions shall be noted on the final plat, construction plans, and individual lot plans. 9. When the property is developed it shall be subdivided into not more than twenty-two (22) parcels, substantially as depicted on the proposed plan entitled "Mansfield Farm - Blackwater Road", prepared by Mel Smith and Associates, dated 10/20/02 and revised to twenty-two (22) lots on file in the Planning Department. 10. When the property is developed, the frontage along Blackwater Road shall be landscaped and improved substantially in accordance with the plan entitled "Conceptual Entrance Treatment" prepared by the T AF Group and on file with the Planning Department. 11. When the property is developed a "Declaration of Protective Covenants, Conditions, Restrictions, Charges and Liens of Mansfield Estates" (Deed Restrictions) substantially similar to the Deed Restrictions submitted by the applicant and on file with the Planning Department shall be recorded in the land records maintained by the Clerk of the Circuit Court. 12. No residential dwelling or detached garage shall be erected on Parcels Numbered 1 through 14 on the plan, within 150 feet of the front lot line of said lot. No accessory structures, including barns, storage sheds, or pool houses shall be erected or placed within 200 feet of the front lot line. On Parcels numbered 15 through 21 on the Plan, the minimum front yard setback shall be 250 feet for residential dwellings and detached garages and 300 feet for accessory structure. These Ordinances 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 Tenth of December, Two Thousand Two. Voting: 8-2 Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Mayor Meyera E. Oberndorf, Peter W. Schmidt Council Members Absent: None December 10, 2002 Item V-J.3. PLANNING - 40- ITEM # 50575 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED Ordinance upon application of EUCELL FA CEN for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF EUCELL FACEN FOR A CONDITIONAL USE PERMIT FORBULKSTORAGE,AUTO STORAGE AND CONTRACTOR STORAGE YARDS BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Eucell F acen for a Conditional Use Permit for bulk storage, auto storage and contractor storage yards on the southeast corner of Virginia Beach Boulevard and Shipps Lane (GPIN 2417257861). Said parcel is located at 1345 Virginia Beach Boulevard and contains 17,640 square feet. DISTRICT 6 - BEA CH The following conditions shall be required: 1. The motor vehicle storage yard shall be enclosed with Category VI landscaping, as specified in the Landscape, Screening and Buffering Specifications and Standards for the City of Virginia Beach. 2. The exterior of the building and the property shall be upgraded as depicted on the elevations entitled, "Interstate Towing #1, #2, #3, #4 "which have been exhibited to the City Council and are on file in the Planning Department. 3. The modifications to the site shall substantially conform to the submitted site plan entitled, "Interstate Towing, Virginia Beach Boulevard, " including, but not limited to removing all the chain link fencing on the site, installing proposed landscaping and required landscaping, resurfacing the existing asphalt, installing a solid privacy fence, and providing only a single ingress/egress from Virginia Beach Boulevard, which has been exhibited to the City Council and is on file in the Planning Department. 4. No storage of motor vehicles outside the fenced areas identified on the plan. Two (2) tow trucks shall be permitted. 5. No storage of motor vehicles in obvious state of disrepair shall be permitted outside the fenced areas identified on the plan. 6. Any freestanding sign shall be monument in style with a brick foundation to match the building as closely as possible. 7. No barbed wire, razor wire or electrifiedfences shall be installed on the roof or walls of any of the buildings or on any fencing on or surrounding the property. 8. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded and focused way from all adjoining property. Any outdoor lightingfixtures shall be erected no higher thanfourteen (14) feet. 9. There may be no more than 30 motor vehicles allowed within the storage areas identified on the submitted site plan. 10. No vehicles shall be parked within any portion of the public righ t-of way. December 10, 2002 - 41 - Item V-J.3. PLANNING ITEM # 50575 (Continued) 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 Tenth of December, Two Thousand Two. Voting: 9-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood December 10, 2002 - 42- Item V-J.4. PLANNING ITEM # 50576 Attorney Mike Perry, represented the applicant and concurred with the terminology of the added condition Upon motion by Council Lady McClanan, seconded by Councilman Villanueva, City Council ADOPTED an Ordinance upon application of SANTA FE, LP for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SANTA FE, LP, FOR A CONDITIONAL USE PERMIT FOR AUTOMOTIVE SERVICE RO120231065 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Santa Fe, LPJor a Conditional Use Permit for automotive service on certain property located at 3700 Sentara Way (GPIN 1487523853). Said parcel contains 11.7 acres more or less. DISTRICT 3 - ROSE HALL. The following conditions shall be required: 1. The proposed building additions and the location of the proposed shade structures shall substantially conform in size and location with the submitted site plan titled "Conceptual Site Layout, Auto Nation, 3700 Sentara Way, Virginia Beach, Virginia ", prepared by MSA, P. c., and dated 09/18/02. Said plan is on file in the City of Virginia Beach Planning Department. 2. The design, building materials, and building colors of the proposed additions shall substantially conform with the submitted elevation plan titled "Conceptual Elevations for the Auto Nation Expansion, Virginia Beach, Virginia ", prepared by Lyall Design Architects, and dated July 15, 2002. Said plan is on file in the City of Virginia Beach Planning Department. 3. The site shall adhere to all of the conditions attached to the existing Conditional Use Permit approved by the Virginia Beach City Council on February 25, 1997: a. No outdoor paging or speaker systems are permitted. b. The development shall substantially adhere to the submitted rendering, site plan and landscape plan on file in the Planning Department. The color scheme shall be in keeping with the submitted color board. Minor deviations will be permitted only with the approval of the Planning Director. c. In addition to the landscaping shown on the submitted landscape plan, a meandering berm with a height of at least three (3) feet at the peaks is required along the Sentara Way frontage. Flowerbeds, satisfactory to the Planning Director, must be incorporated into the landscaping along Sentara Way. d. The sign shall be monument style with full landscaping at the base and substantially in keeping with the submitted rendering on file in the Planning Department. All sign regulations must be adhered to. e. No signage is permitted on the proposed entrance archway, including promotional messages or banners, nor shall they be placed on the cars displayed at the entrance. The archway shall be a maximum of 16 feet and be permitted to allow traffic passageway, but shall not be lighted at any time. This area shall be landscaped. All applicable setbacks must be adhered to. December 10, 2002 Item V-J.4. PLANNING - 43- ITEM # 50576 (Continued) f No trees or vegetation may be removed by the applicant from the City or State land located between the subject site and the Expressway or from the Third Street right-ofway. g. Hours of operation shall be from 9 AM to 9 PM for the sales operation. Hours for the service center shall be limited to 9 AM to 10 PM. All repair, service, maintenance, cleaning and washing will be conducted inside the service center. Bay doors on the service center shall be closed while repair work is being conducted except for entering and exiting. h. All lighting shall be directed away from the nursingfacility located on the adjacent property to the west, and away from the residentially zoned property located to the south across Sentara Way. i. A direct access is required for construction traffic from Rosemont Road during construction of the facility. Construction traffic is prohibited on Sentara Way. j. Any existing healthy trees located within Spruce Street and the 25-foot shall be protected and saved. New landscape material, as shown on the landscape plan, shall be added where existing vegetation does not meet the Category I requirements. There shall be a 66' buffer on Spruce Street. 4. Street frontage landscaping, in accordance with the Site Plan Ordinance, Section 5A, shall be installed along the northern property line adjacent to Interstate 264. 5. There shall be no pennants, streamers, banners, balloons or searchlights displayed on the buildings, shade structures and site at any time. 6. The proposed shade structures shall be substantially in conformance with the submitted brochure titled "Shade Structures" which is on file with the Planning Department. The shade structures shall meet the following requirements: a. Theframework shall be of noncombustible construction; b. The fabric shall be flame resistant; c. The structures shall meet wind load requirements for the area. d. The fabric or cover of the structure shall be red, blue or white, in color, or a combination thereof, to match the buildings. 7. Additional landscaping shall be installed as depicted on the plan entitled, "Conceptual Site Layout/Landscape Plan, AutoNation, 3700 Sentara Way, Virginia Beach, Virginia," dated 12/06/02. The landscape plan shall be revised prior to site plan review to indicate upgrade of the berms adjacent to Sentara Way. All of the landscaping will be maintained. 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 Tenth of December, Two Thousand Two. December 10, 2002 - 44- Item V-J.4. PLANNING ITEM # 50576 (Continued) Voting: 10-0 Council Members Voting Aye: Margaret L. Eure, 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: None December 10, 2002 Item V-J. 5. PLANNING - 45 - ITEM # 50577 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of MICHAEL D. SIFEN, INc.for a Conditional Use Permit re mini-storage: ORDINANCE UPON APPLICATION OF MICHAEL D. SIFEN, INc., A VIRGINIA CORPORATION, FOR A CONDITIONAL USE PERMIT FOR MINI STORAGE RO120231066 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Michael D. Sifen, Inc., a Virginia Corporation, for a Conditional Use Permit for mini storage on the west side of Village Drive, 207.25 feet south of Laskin Road (GPIN 2407578930). Said parcel contains 2.287 acres. (DISTRICT 6 - BEACH) The following conditions shall be required: 1. The site shall be developed in substantial conformance with the submitted site plan entitled, "Preliminary Layout for Village Drive Self Storage, Virginia Beach, Virginia, "prepared by Site Improvement Associates, dated August 22, 2002, which has been exhibited to the City Council and is on file in the Planning Department. 2. The architectural design elements and exterior building materials shall reflect the staff report as described above and shall be substantially in conformance with the submitted elevations entitled, "Proposed Elevations for Village Drive Self Storage, Virginia Beach, Virginia, Sifen, Incorporated - Developer, "prepared by Covington & Hendrix Architects. Said elevations have been exhibited to City Council and are on file in the Planning Department. 3. The installation of chain link fencing shall not be permitted on the site. A solid fence with columns that compliment the design of the building shall be installed along the northern property line in an effort to further screen the garage doors from view. A detail depicting this solid fence with columns shall be shown on the final site plan. 4. There shall be no electric or diesel powered generators or generators fueled by any other source of energy located outside of any building. 5. The storage units shall be used only for storage of non-hazardous goods. 6. The units shall not be used for office purposes, band rehearsals, residential dwellings or any other purpose not consistent with the storage of goods. 7. The final site plan shall address and reflect all applicable requirements of the City of Virginia Beach Chesapeake Bay Preservation Area Ordinance and Stormwater Management Ordinance, specifically in terms of capturing and treating stormwater runoff from this site. 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 Tenth of December, Two Thousand Two. December 10, 2002 - 46- Item V-J.5. PLANNING ITEM # 50577 (Continued) Voting: 9-0 (By Consent) Council Members Voting Aye: '1\ Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood December 10, 2002 - 47- Item V-J. 6. PLANNING ITEM # 50578 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson ADOPTED an Ordinance upon application of KENNETH A. HALL FAMILY LTD. PARTNERSHIP for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF KENNETH A. HALL FAMILY LTD. PARTNERSHIP FORA CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES (PARKING LOT EXPANSION) RO12023JO67 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Kenneth A. Hall Family Ltd. Partnership for a Conditional Use Permit for motor vehicle sales (parking lot expansion) on the west side of Spruce Street, 320 feet more or less south of Bonney Road (GPIN 1487435573; 1487435665; 1487435660). Said parcel contains 24,393.6 squarefeet. (DISTRICT 3 - ROSE HALL) The following conditions shall be required: 1. Any fencing installed around the perimeter of the parking lot shall meet Category VI screening requirements (a solidfence with Category I landscape plantings). Chain link fence shall not be allowed. 2. No vehicles awaiting repair and no inoperable vehicles shall be stored in the parking lot. 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 Tenth of December, Two Thousand Two. Voting: 9-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood December 10, 2002 - 48- Item V-J. 7. PLANNING ITEM # 50579 Attorney Howard Gordon, Phone: 622-5366, represented the applicant (Seaside Mobile Park). Whitt Sessoms, 10943,,1 Street, Phone: 428-1469, the applicant Tom Musumeci, resident of Sea bridge Square, and Chair of the Civic League, advised of the Civic League's support The following registered in OPPOSITION: Jerry Chaplain, 913 Virginia Beach Boulevard, Phone: 418-3222 Upon motion by Councilman Maddox, seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of WHITT G. SESSOMS for a Conditional Change of Zoning District Classification and Conditional Use Permit APPLICATION OF WHIIT G. SESSOMS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-12 APARTMENT DISTRICT TO CONDITIONAL B-2 COMMUNITY BUSINESS DISTRICT ZO 12022129 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Application of Whitt G. Sessoms for a Change of Zoning District Classification from A -12 Apartment District to Conditional B-2 Community Business District on the south side of Virginia Beach Boulevard, 195.07 feet east of Sea bridge Road. The Comprehensive Plan recommends use of this parcel for resort uses, including lodging, retail, entertainment, recreational, cultural, and other compatible uses (GPIN 2417751570). Said parcel is located at 949 Virginia Beach Boulevard and contains 4 acres, more or less. DISTRICT 6 - BEACH The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. AND, APPLICATION OF WHIIT G. SESSOMS FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE YARD RO120231O8 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH Ordinance upon application of Whitt G. Sessoms for a Conditional Use Permit for a bulk storage yard on the south side of Virginia Beach Boulevard, 195.07 feet east of Sea bridge Road (GPIN 2417751570). Said parcel is located at 949 Virginia Beach Boulevard and contains 4 acres, more or less. DISTRICT 6 - BEACH. The following conditions shall be required: 1. The property shall be used as a bulk storage yard primarily for the storage of automobiles, motor homes, campers, boats and boat trailers. Said conditional use shall be limited to a period of either five (5) years from the time of issuance of this conditional use permit or when the new Convention Center to be located on the site of the existing Pavilion on 19th Street opens for business to the public, whichever is less. The Planning Director shall review the towing portion of the operation administratively on a yearly basis. 2. The bulk storage yard shall be enclosed with Category VI screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach, or by an alternative method as approved by the Planning Director. The screening shall be installed and approved by the end of the first planting season following occupation of the site. December 10, 2002 Item V-J. 7. PLANNING - 49- ITEM # 50579 (Continued) 3. The bulk storage yard may be gravel, except for necessary access for fire equipment, provided a waiver of on-site improvements is requested and approved by the Planning Director. 4. Vehicles that are towed to the site shall only be from authorized and licensed automotive repair facilities. No wrecked or inoperative vehicles shall be stored on the site. rvithoût a valid Jel v¿ce ticket out{Ù¡i,tg the rVOJ Å to be perfi;ll1led ähJ date that the pI úject Ì5 pI omi.5ed to be deli vel ed tu the cu-stomt;/. Vehicle towing shall only occur Monday through Friday, between the hours of 8:00 a.m. and 8:00 p.m., and on Saturday from 9:00 a.m. to 8:00 p.m. There shall be no towing on Sunday. 5. The hours of operation for the overall storage yard shall be Monday through Saturday, 6:00 a.m. to 8:00 p.m. and Sunday, 9:00 a.m. to 8:00 p.m. 6. There shall be no disposal of remnant sewage from recreational vehicles on the site. There shall be no sewage within a recreational vehicle brought onto the site for storage. 7. If the existing building is to be used for the office and or caretaker's quarters the applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of Planning and the Fire Department. A certificate of occupancy shall be obtained from the Building Code Official before a business license is issued. 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 Tenth of December, Two Thousand Two. Voting: 10-0 Council Members Voting Aye: Margaret 1. Eure, 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 1. Wood Council Members Voting Nay: None Council Members Absent: None December 10,2002 FOFlM NO. P.S. 18 City c>f "Virgi:£ìia. I3~a.ch INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5617 TO: DATE: November 15, 2002 Leslie L. Lilley DEPT: City Attorney B. Kay WilSO~ DEPT: City Attorney FROM: RE: Conditional Zoning Application Seaside Mobile Park, L.C. {Whitt G. Sessoms) The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 26, 2002. I have reviewed the subject proffer agreement, dated October 31, 2002, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure NOW, THEREFORE, the GRANTOR, its successors, 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 quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of covenants 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 GRANTOR, its successors, assigns, grantees and other successors in interest or title: 1. The Property may be used for all principal uses and any conditional uses specifically authorized by City Council with a Conditional Use Permit, within the B-2 Community Business District as set forth in the Zoning Ordinance (as defined herein), except for the following uses, which shall not be permitted: a) b) c) d) e) t) g) h) i) j) k) 1) m) n) 0) p) q) Automobile repair garage; Boat sales with outside storage of boats; Body piercing establishments; Borrow pit; Eating and drinking establishments with drive through pick-up windows; Flea markets; Furniture repair and upholstering; Marinas, commercial; Mini-warehouses; Mobile home sales; Motor vehicle sales; Passenger transportation terminals for buses; Passenger vessels permitted by the U. S. Coast Guard regulations; Personal watercraft rentals; Public utility storage or maintenance installations; Tatoo parlors; and Wholesaling and distributions as a standalone use. 2. The Property, upon the issuance of a Conditional Use Permit, may be used as a bulk storage yard primarily for the storage of automobiles, motorhomes, campers, boats and boat trailers, in accordance with the conditions set forth in the Application for Conditional Use. Said conditional use shall be limited to a period of either five (5) years from the time said conditional use commences or when the new convention center to be located on the site of the Pavilion on 19th Street opens for business to the public, whichever is less, as set forth in the Conditional Use Permit. GRANTOR further covenants and agrees that: HNI:349714.2 2 All references herein to A-12 and B-2 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 Declaration by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by GRANTOR and allowed and accepted by GRANTEE as part of the amendment to the Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date this Declaration is approved by the Virginia Beach City Council ("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 GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of GRANTEE, after a public hearing before City Council 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. 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, 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 attached 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 GRANTOR and GRANTEE. HNl:349714.2 3 DECLARATION OF CONDITIONS AND RESTRICTIONS !'l!IS DECLARATION OF CONDITIONS AND RESTRICTIONS ('Declaration") made this.~ day of ~, 2002, by and between SEASIDE MOBILE PARK, LC., a Virginia limited liability company ("Owner"), GRANTOR, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, GRANTEE, provides and states as follows: WITNESSETH: WHEREAS, Owner is the owner of a parcel of real property located in the City of Virginia Beach, Virginia, commonly referred to as 949 Virginia Beach Boulevard, GPINNO: 2417-75-1570, more particularly described in Exhibit A, attached hereto and incorporated herein by reference ("Property"); and WHEREAS, GRANTEE's policy is to provide only for the orderly development ofland for various purposes through zoning and other land development legislation; and WHEREAS, the Property is to be rezoned from A-12 Apartment District to Conditional B-2 Business District, subject to the conditions and restrictions set forth herein; and WHEREAS, 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 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 proposed rezoning gives rise; and WHEREAS, GRANTOR has voluntarily proffered, in writing in advance of and prior to the public hearing before the GRANTEE, as part of the proposed amendment to the Zoning Map ofthe City of Virginia Beach, Virginia ("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 proposed rezoning and the need for which is generated by the proposed rezoning. GPIN: 2417-75-1570 Prepared by: Hotheimer Nusbaum, P.c. 999 Waterside Drive, Suite 1700 Norfolk, Virginia 23510 HNI:349714.2 WITNESS the following signature and seal. GRANTOR: SEASIDE MOBILE PARK, LC., a Virginia limited liability company BY:~~ Authorized Agent STATE OF VIRGINIA. cJ- CITY OF Ûi6;'~ 'ß4~~, TO-WIT: The foregoing instrument was acknowledged before me this3¡~ay of (J)cPv b<:?4- , 2002, by Whitt G. Sessoms, III, Authorized Agent of Seaside Mobile Park, LC., on its behalf. ~. (flt. ~ Notary Public My commission expires: í;)(d/ /63 . , HN1:349714.2 4 EXHIi3IT "A" PARCEL ONE: ALL THAT certain tract, piece or parcel of land, situate, lying and being near the City of Virginia Beach, in Lynnhaven Borough of the City of Virginia Beach, Virginia, and more particularly described and bounded as follows: ' BEGINNING at a point on the southern line of Virginia Beach Boulevard 200 feet distance in a westerly direction from its intersection with the dividing line between the property now or formerly belonging to Vernon Drinkwater and the property of the City of Virginia Beach, upon which is erected its water tower, and running thence South 5 degrees 28 minutes East 777.5 feet to a pin; thence South 55 degrees 18 minutes West 164.3 feet to a pin; thence North 5 degrees 28 minutes West 857.8 feet to a pin on the southern line of said Virginia Beach Boulevard¡,thence along the southern line of said Virginia Beach Boulevard North 84 degrees 32 minutes East 143.4 feet to a pin, the point of beginning; containing two and seven-tenths (2.7) acres according to plat of property made April 17, 1946 by W.B. Gallup, County Office of the circuit Court . of the City of Virginia" Beach, Virginia; in Map Book 18, at Page 3 and referred to in Deed Book 236, at. Page 43 and reference to the same is hereby made for a more particular description. PARCEL TWO: ALL THOSE certain lots, pieces or parcels of land, with the appurtenances thereunto belonging or in anywise appertaining, situate, lying and being in the Lynnhaven Borough of the City of Virginia Beach, Virginia, known, numbered and designated on the amended plat of "Virginia Beach Annex" made by Raymond C. Almond, C.L.S., May 1956, a~d duly recorded in the Clerk's Office of the Circuit Court of the city of Virginia Beach, Virginia, in Map Book 41, at page 41, as Lots Twenty (20) to Thirty-Four (34), both inclusive, in Block Thirteen (13). EXCEPTING: The property sold to Willie E. Sawyer and Florence W. Sawyer by deed dated October 10,1962 and described as follows: ALL THOSE certain lots, pieces or parcels of land wi th the appurtenances thereunto belonging, or in otherwise appertaining, situate, lying and being in the Lynnhaven Borough of the City of Virginia Beach, Virginia, known, numbered' and designated on the amended plat of Virginia Beach Annex, made by Raymond C. Almond, C.L.S., May, 1956, and duly recorded in the Clerk's Office of the Circuit Court of the city of Virginia Beach, in Map Book 41, at Page 41 as Lots 20, 21, 22 and the eastern one-half of Lot 23, in Block 13. WHICH SAID PROPERTY IS FURTHER DESIGNATED AS: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situated, lying and being in the city of Virginia Beach, Virginia, and known, numbered and designated as "Resubdivision of Parcel Designated as Vernon Drinkwater, 2.7 acres as shown on plat titled Property of Vernon Drinkwater located near Va. Beach in Princess Anne Co., Va., and the Western one-half of Lot 23, all of Lots 24 thru 34, inclusive, Block 13, Virginia Beach Annex, Princess Anne County amended plat, which said plat is duly recorded in the Clerk's Office of the circuit Court for the City of Virginia Beach, Virginia, in Map Book 230, Page 38. IT BEING the same property conveyed to MULBERRY CORPORATION, A VIRGINIA CORPORATION by substitute trustee deed from Ray W. King, substitute trustee, dated October 11, 1993, recorded in Deed Book 3286, page 1093. TOGETHER WITH all rights of the Grantor to an easement for a sewer line benefiting the property described above as set forth in that certain agreement dated October 10, 1962, by and between Willie E. Sawyer and Florence W. Sawyer and Virginia Beach Trailer Village, 'Incorporated, which agreement is filed for record in Deed Book 753, page 2.59, and as set forth in that certain Deed of Easement dated July 3,1957, by and between R. Wilson Chaplain and Elsie B. Chaplain and the City of Virginia Beach, which deed is filed for record in Deed Book 503, page 224, and that certain Deed of Easement dated June 26,1958, by and between R. Wilson Chaplain and Elsie B. Chaplain and the City of Virginia Beach, which, deed is filed for record in Deed Book 581, page 551. - 50- Item V-J.8. PLANNING ITEM # 50580 Attorney R. E. Bourdon, Phone: 499-8971 represented the applicant and referenced the revised site plan. Marvin M. Rollins, the applicant, advised there would be 34 (10 x 15 feet) and 4 (7 % x 20 feet) storage units. Upon motion by Councilman Reeve, seconded by Councilman Villanueva, City Council ADOPTED Ordinances upon application of MARVIN M. and GAYLE B. ROLLINS for a Conditional Change of Zoning, Modification of a Conditional Use Permit and a Conditional Use Permit: ORDINANCE UPON APPLICATION OF MARVIN M ROLLINS AND GAYLE B. ROLLINS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 AND CONDITIONAL B-2 TO CONDITIONAL B-2 Z012022130 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Marvin M Rollins and Gayle B. Rollins for a Chamle ofZoninf! District Classification from B-2 Community Business District and Conditional B-2 Community Business District to Conditional B-2 Community-Business District on the west side of Princess Anne Road at its intersection with Morris Neck Road (GPIN 2308896044). The proposed zoning classification change to B-2 is for retail commercial and commercial compatible land use. The Comprehensive Plan recommends use of this parcel for agriculture and rurally compatible land uses. Said parcel contains 2.484 acres. DISTRICT 7 - PRINCESS ANNE The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. Ordinance upon Application of Marvin M Rollins and Gayle B. Rollins for Modification of a Conditional Use Permit for a car wash facility and fuel sales expansion approved by City Council on November 13, 2001. Property is located on the west side of Princess Anne Road at its intersection with Morris Neck Road (GPIN 2308896044) and contains 2.484 acres. DISTRICT 7 - PRINCESS ANNE ORDINANCE UPON APPLICATION OF MARVIN M ROLLINS AND GAYLE B. ROLLINS FOR A CONDITIONAL USE PERMIT FOR MINI- WAREHOUSES/SELF-STORAGE RO 12023109 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Marvin M. Rollins and Gayle B. Rollins for a Conditional Use Permit for mini-warehouses/self-storage on the west side of Princess Anne Road at its intersection with Morris Neck Road (GPIN 2308896044). Said parcel contains 2.484 acres DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: Note: all existing conditions are listed below including those that have already been met with the prior conditional use permit. This is intended to ensure maintenance of the previously installed requirements. 1. When the property is developed, it shall be developed substantially as shown on the exhibit entitled, "Concept Plan for Mini-Storage & Laundromat Additions to Motorist Wayside at Creeds, Virginia Beach, Virginia," prepared by Gallup Surveyors & Engineers, dated Aug. 2, 2002. However, landscaping shown in the area behind the mini-warehouse building shall be increased. Also, the mini-warehouse facility shall be completely enclosed per Section 237(b) of the Zoning Ordinance. Further requirements shall be determined during the detailed site plan review process. December 10, 2002 Item V-J.8. PLANNING ~ 51 - ITEM # 50580 (Continued) 2. Landscaping and buffers shall be provided and maintained as shown on the site plan entitled, "Concept Plan for Automated Car Wash at The Motorist Wayside at Creeds, " dated September 4,2001, prepared by Gallup Surveyors and Engineers, which is on file with the City of Virginia Beach Planning Department. In addition, street frontage landscaping on Princess Anne Road shall be supplemented with a continuous evergreen hedge to meet current requirements for street frontage landscaping. Any line- ofsight visibility problems will be addressed during the detailed plan review process. 3. The stormwater management facility shall be designed for additional pollutant removal to compensate for the loss of the natural buffer on the gas station parcel. The size and design of the storm water management facility shall be determined during the detailed plan review process. 4. No access shall be permitted on Oakum Creek Drive. A one (1) foot no ingress/egress easement shall be recorded along the parcel's frontage on this road. 5. The convenience store and fuel pump canopy shall be maintained to match their current design and materials of primarily brick with white trim and hip roofs with architectural grade asphalt composite shingles. The car wash and the addition to the convenience store building shall substantially conform to the materials and design of the existing buildings. 6. Brick enclosures shall be required around any garbage container areas. The enclosures shall be of the same brick as the building. Screeningfor the outdoor vacuum shall be determined during the detailed plan review process. 7. Any outdoor mechanical equipment, including above ground fuel tanks and pressurized air dispensers, shall be screened with a solid wall and landscaping in accordance with Section 245 (e) (3) of the City Zoning Ordinance. 8. No portable toilets or additional outdoor vending machines shall be allowed outside of the convenience store building or car wash building or anywhere on the site. The three existing outdoor vending machines shall be screened with a brick and lattice structure and landscaping. 9. No merchandise shall be displayed outside of any building. 10. The freestanding sign shall be maintained as an eight-foot high monument style sign with a brick base. 11. No signage in excess of a total offour (4) square feet of the entire glass area of the exterior wall nor any neon signs or accents shall be permitted in or on the windows and/or doors of the convenience store. 12. Signage for the site shall be limited to traffic control signs, the monument sign noted above in Condition #10, a sign above the storefront and car wash (if desired), and the sign age allowed by Condition #11. No other signs shall be installed on any other wall area of the building or on the roof of the building, on the canopy, on lighting poles or any other portion of the site. 13. The mini-warehouse buildings shall be no taller than twelve (12) feet and shall have brick veneer on the ends of both buildings and on the north side of the smaller building. December 10, 2002 - 52- Item V-J.8. PLANNING ITEM # 50580 (Continued) 14. All fencing and gates proposed for the mini-warehouse portion of the property shall be black wrought iron style. Gates shall provide for Fire Department access using the Knox or Supra system and have a fail-safe operation in the event of a power failure. No barbed wire, razor wire or any other fencing devices shall be installed on the roof or walls of the building or on the fence on the property. 15 Drive aisles within the mini-warehouse complex shall be at least 18 feet wide to accommodate emergency apparatus. 16. The location of any and all garbage containers associated with the mini-warehouse buildings shall be depicted on the final site plan. Location shall be reviewed at final site plan review and approved by the Planning Director or his designee. Brick enclosures and landscaping shall be provided surrounding all garbage containers so that they are shielded from view from all adjacent properties. The enclosures shall be of the same brick as the building. Landscape screening shall conform to the requirements found in the City of Virginia Beach Parking Lot and Foundation Landscaping Guide. 17. All exterior lighting associated with the mini-warehouse buildings shall be low intensity and residential in character and shall not be erected any higher than fourteen (14) feet. According to Section 237 of the City Zoning Ordinance, all outdoor lighting shall be shielded to direct light and glare onto the mini-warehouse facility. Said lighting and glare shall be deflected, shaded and focused away from all adjoining properties. The applicant shall submit a detail of any proposed lightingfixtures and identifY all proposed locations with site plan submittal. 18. No storage of flammable or hazardous materials shall be stored in any mini-warehouse unit. 19. There shall be no electric or diesel power generator or generator fueled by any other source of energy located outside of any mini- warehouse building. 20. The mini-warehouse units shall be used only for the storage of non-hazardous goods. The units shall not be used for office purposes, band rehearsals, or any other purpose not consistent with the storage of goods. No public assembly or continuous occupancy of the units shall be permitted. No on-site business shall be conducted from any storage unit. 21. There shall be no display, storage or parking of commercial trucks or trailers anywhere on the site other than during loading and unloading. 22. There shall be no business identification signage on the roof of the buildings in the mini-warehouse facility or on the fence installed around the facility. 23. Facility will rely on the existing well. 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 Tenth of December, Two Thousand Two. December 10, 2002 - 53- Item V-J.8. PLANNING ITEM # 50580 (Continued) Voting: 8-2 Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: Mayor Meyera E. Oberndorf and Rosemary Wilson Council Members Absent: None December 10, 2002 I'"ORM "'0. P.S. 18 City c:>f "Virgi:r1ié:\ Beach. INTER-OFFICE CORRESPONVENCE In Reply Refer To Our File No. DF-5640 TO: DATE: November 26, 2002 Leslie L. L~ DEPT: City Attorney B. Kay Wilso ~ DEPT: City Attorney FROM: RE: Conditional Zoning Application Marvin M. Rollins and Gayle B. Rollins The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 10, 2002. I have reviewed the subject proffer agreement, dated August 12, 2002, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure MARVIN M. ROLLINS and GAYLE B. ROLLINS, husband and wife TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 12th day of August, 2002, by and between MARVIN M. ROLLINS and GAYLE B. ROLLINS, husband and wife, Grantors, party of the fIrst part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH: WHEREAS, the Grantors are the owners of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately I 2.484 acres as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, a 1.8 acre portion of the Property is subject to "Proffered Covenants, Restrictions and Conditions" dated June 15, 2001 accepted by Grantee and recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4556, at Page 0882 ("Proffers"); and WHEREAS, subsequent to recordation of the Proffers the Grantors recorded a resubdivision plat which combined the 1.8 acre parcel which is subject to the Proffers with a second parcel to form the Property; and WHEREAS, the Grantors have initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to modify, in part, the previously proffered Covenants, Restrictions and Conditions governing development of a 1.8 acre portion of the Property and to apply all of the proffered Covenants, Restrictions and Conditions, as modified, to the Property; and PREPARED BY: GPIN: 2308-89-6044 S\1C¡::S. ROURDON. AlIrnN & n:vv. P.c 1 WHEREAS, the Grantors have requested the Grantee to accept a modification and amendment to proffers numbered 1, 3 and 6 as contained in the Proffers dated June 15, 2001; 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 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, the following amendments to conditions related to the physical development, operation, and use of the Property to be incorporated as a part of the previously adopted amendment to the Zoning Map. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, Grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its 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 amended and modified declaration of conditions and restrictions which shall restrict and govemthe 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 Grantors, their successors, personal representatives, assigns, Grantees, and other successors in interest or title: PREPARED BY: 1. When the Property is developed, it shall be developed substantially as II SYJŒS. ROURDON. AIIrnN & lM. P.C shown on the exhibit entitled "CONCEPT PLAN FOR MINI-STORAGE & LAUNDROMAT ADDITIONS TO THE MOTORIST WAYSIDE AT CREEDS, VIRGINIA 2 BEACH, VIRGINIA", dated Aug. 2, 2002, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on me with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. When the Property is developed, in addition to installing the extensive landscape treatments and foundation plantings depicted on the Concept Plan, the car wash shall be constructed substantially in accordance with the "SKETCH FOR AUTOMATED CARWASH AT THE MOTORIST WAYSIDE AT CREEDS" prepared by Gerald A. Porterfield, which has been exhibited to the Virginia Beach City Council and is on me with the Virginia Beach Department of Planning (hereinafter "Elevation") . 3. When the Property is developed, only those areas depicted on the Site Plan for the car wash, pump islands, convenience store, laundry mat, mini- warehouse buildings, surrounding drive aisles, BMP, septic drainfields, and forcemains will have any constructed improvements. All remaining areas will, with the exception of planting and maintenance of the landscape buffers, reforestation area and open spaces, remain unimproved and devoid of any structures such as storage sheds. 4. 5. The only freestanding sign shall be the one designated on the Site Plan. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 6. The Property shall only be utilized for the sale of fuel, convenience store, car wash, laundry mat and mini-warehouse as depicted on the Site Plan and no other uses described in the Zoning Ordinance as permitted or conditioned shall be allowed on the Property. 7. 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 PREPARED BY: Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date Sms. ROURDON. AJlrnN & li:vY. P.c of approval of this Agreement by City Council, which are by this reference incorporated herein. 3 The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 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 (h) 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; PREPMED BY: (3) If B;ggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the goveming body for the review thereof prior to instituting proceedings in court; and JIB SYIa:S. ROURDON. LD AIImN & EM'. P.C 4 >REPARED BY: :YIŒS. ROURDON. klImN & IIVY. P.C (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 pu blic 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. 5 PREPARED BY: BB SYIŒS. ROVRDON. .. AHrnN & LM. P.c WITNESS the following signatures and seals: Grantors: 111 ~ 111. (l~ Marvin M. Rollins (SEAL) ,. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this J ~ day of August, 2002, by Marvin M. Rollins and Gayle B. Rollins, Grantors. rJu-dufl(.~ Notary Public My Commission Expires: ~ 30)aDO.~. 6 'REPARED BY: :YJ(£S. ROURDON. UlrnN & li:VY. P.C EXHŒIT "A" All that certain piece or parcel of land lying, situate and being in the Princess Anne District of the City of Virginia Beach, being known, numbered and designated as "Lot lA, 108,210 Sq. Ft., 2.484 acres" on that plat entitled "RESUBDIVISION OF PROPERTY, LOT 1 OAKUM CREEK ESTATES M.B. 254, P. 72, 73 AND PROPERTY OF MARVIN M. AND GAYLE B. ROLLINS D.E. 4183, P. 1295, Virginia Beach, Virginia", prepared by Gallup Surveyors & Engineers, Ltd. dated December 18, 2001, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 303, at Pages 39 and 40. GPIN: 2308-89-6044 MODCOND/ROLUNS/OAKUMCRK/PROFFER 7 - 54- Item V-J.9. PLANNING ITEM # 50581 Upon motion by Councilman Reeve, seconded by Councilman Villanueva, City Council DEFERRED until the City Council Session of January 14, 2003, Ordinance upon application of HERON RIDGE PROPERTIES L.L. C. for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF HERON RIDGE PROPERTIES, L.L.C FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A G-lIA G-2 TO CONDITIONAL R-20 Ordinance upon Application of Heron Ridge Properties, LL. C for a Chanf!e of Zoninf! District Classification from A G-1 / A G- 2 Agricultural District to Conditional R-20 Residential District on the northwest corner of Seaboard Road and Heron Ridge Lane (GPIN 2403663203). The proposed zoning classification change to R-20 is for residential land use on lots with a minimum of 20,000 square feet. The Comprehensive Plan recommends this parcel for uses consistent with the policies of the Comprehensive Plan for the Transition Area. Said parcel contains 6.21 acres more or less. DISTRICT 7 - PRINCESS ANNE Voting: 10-0 Council Members Voting Aye: Margaret L. Eure, 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: None December 10, 2002 - 55 - Item V-J.I0. PLANNING ITEM # 50582 Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon application of DRA GAS ASSOCIA TIONS X, L. C. for a Conditional Change of Zoning with a PD-H2 Planned Unit Development District APPLICATION OF DRAGASASSOCIATESX, Lc., FORA CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-15 AND B-2 TO CONDITIONAL WITH A PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT OVERLAY ZO12022131 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Application of Dragas Associates X, L. c., for a Chanfle of Zoning District Classification (romR-15 Residential District and B-2 Community Business District to Conditional R-5D Residential Duplex District with a PD-H2 Planned Unit Development District Overlay on property located on the east side of Salem Road, south of Elbow Road (GPIN 1474977701). The proposed zoning classification change ofPD-H2 (Conditional R-5D) is for two-unit condominium dwellings in a planned community. The Comprehensive Plan recommends use of this parcel for single-family residential uses at or below 3.5 dwelling units per acre at densities that are compatible with single-family use in accordance with other Plan policies. Said parcel contains 23.51 acres more or less. DISTRICT 7 - PRINCESS ANNE The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. 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 Tenth of December, Two Thousand Two. Voting: 8-2 Council Members Voting Aye: Margaret L Eure, Vice Mayor Louis R. Jones, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L Wood Council Members Voting Nay: Reba S. McClanan and Mayor Meyera E. Oberndorf Council Members Absent: None December 10, 2002 DRAGAS ASSOCIATES X, L.C., a Virginia limited liability company ROBERT D. PAUL FAMILY L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of . Virginia THIS AGREEMENT, made this £day of O'ctober, 2002, by and between DRAGAS ASSOCIATES X, L.C., a Virginia limited liability company, Grantor, party of the flI"st part; THE ROBERT D. PAUL FAMILY L.C.,a Virginia limited liability company, party of the second part, Grantor; 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 Princess Anne District of the City of Virginia Beach, containing approximately 23.51 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the party of the flI"st part is the contract purchaser of the parcel described in Exhibit "A" and has initiated a conditi,onal amendment to th~ 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 B-2 Commercial District and R-15 Residential District to R-5D Residential District with PD-H2 Overlay; and GPIN: 1474-97-7701 PREPARED BY AND RETURN TO: SYKES, BOURDON, AHERN & LEVY, P.C. . PEMBROKE ONE BUILDING, THE FIITH FLOOR VIRGINIA BEACH, VIRGINIA 23462 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 uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and, 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, in addition to the regulations provided for the R-5D with PD- H2 Overlay Zoning District by the existing overall Zoning Ordinance, 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, for itself, its successors, personal representatives, assigns, grantee, 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 quid pro qUO 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 Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, the "DEVELOPMENT CONCEPT FOR CROMWELL PARK AT SALEM, The Dragas Companies", dated October 3, 2002 ("Concept Plan"), which has been exhibited to the Virginia Beach City Council and is on me with the Virginia Beach Department of Planning, shall be substantially adhered to so that there shall be coordinated design and development of the site in terms of vehicular circulation, parking, buffering, landscaping,. tree planting, building location, building orientation, stormwater management facilities, and recreational amenities to better foster a sense of community. 2. When the Property is developed, the party of the first part shall dedicate approximately 2.43 acres of the Property to the Grantee for future realignment and widening of the Salem Road right-of-way, as depicted on the Concept Plan. 3. When the Property is developed, vehicular Ingress ànd Egress to the Property shall be limited to one (1) entrance from Salem Road. There shall be no vehicular access from Elbow Road. 4. When the Property is developed, a..swimming pool, cabana, and walking trail to serve the community's residents shall be constructed in the areas depicted on the Concept Plan. 5. When the Property is developed, all landscaping, berming and fencing adjacent to Salem Road and adjacent to Elbow Road shall be as depicted and described on the Concept Plan. 6. When the Property is developed, a landscaped entrance feature shall be constructed with a monument style sign externally illuminated from ground level as depicted and described on the "PERSPECTIVE VIEW AT ENTRANCE - CROMWELL PARK AT SALEM", dated July 1, 2002, which has been exhibited to the Virginia . Beach City Council and is on me with the Virginia Beach Department of Planning ("Entrance Plan"). 7. There will be no more than sixty-six (66) residential buildings, each one being two (2) stories in height, and containing two (2) dwelling units per building. The total number of dwelling units permitted to be constructed on the Property shall not exceed one hundred thirty-two (132) and no dwelling units shall contain more than three (3) bedrooms. 8. The architectural design of the residential buildings will be substantially as depicted on the exhibit entitled" ARCHITECTURAL ELEVATIONS - CROMWELL PARK AT SALEM", dated July 1, 2002, which has been exhibited to the Virginia Beach City Council and is on me with the Virginia Beach. Department of Planning ("Elevation"). The primwy exterior building material shall be brick and synthetic cedar shake siding, and the colors used may vwy from those on the exhibits but all will be earth tones. The exterior building materials utilized on the buildings depicted on the Elevation shall be substantially as contained on the exhibit entitled "Exterior Finishes - Cromwell Park at Salem" dated July 1,2002, with brick and synthetic cedar shake siding being the primwy material and all materials being of an earth tone color. 9. 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. 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 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 Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necesswy 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 pennits 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, VÍI"ginia, and indexed in the name of the Grantor and the Grantee. WITNESS the following signature and seal: GRANTOR: Dragas Associates XI L,C.I a Virginia limited liability company By: Dragas Management Corp., a Virginia corporation, Managing Member (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this E day of October, 2002, by Helen E. Dragas, President of Dragas Management Corp., a Virginia corporation, Managing Member of Dragas Associates X, L.C., a Virginia limited liability company. ~ ~~O~/ My Commission Expires: ///3 ð /".3 WITNESS the following signature and seal: GRANTOR: THE ROBERT D. PAUL FAMILY L.C., a Virginia limited liability company By: Le~lie ¡A.( Paul, Man. n. er , ðædJi C(rQLv~ Leslie A. Paul (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instru~ent was acknowledged before me this i..Iß day of October, 2002, by Leslie A. Paul, a Virginia corporation, Manager of The Robert D. Paul Family L.C., a Virginia limited liability company. . / ,. My Commission Expires: CONDREZN /DRAGAS / CROMWELL/PROFFER3 REVISED: 10/01/02 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT certain parcel of land with the buildings and improvements thereon and the appurtenances thereunto belonging, situate and being in the' City of Virginia Beach, Virginia, known and designated as "42.7 acres", on that certain plat entitled. "Plat of Cromwell Farm, Salem Road, Princess Anne Co., Va.", dated April 1955, made by C. A. Bamforth, Surveyor, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 38, at Page 57, and more particularly described as follows: . BEGINNING at a point on the Easter.n side of Salem Road at the iron pin in the center of the intersection of an old line ditch where the same intersects the Eastern Boundary line of Salem Road, and running thence along the Eastern side of Salem Road 29° 30' W. a distance of 256.2 feet to a pin; thence N. 22° 13'W, a distance of 100 feet to a pin; thence N. 9° 50' W. 100 feet to a pin; thence N. 1° 00' W. 329.0 feet to a pin; thence 17° 48' W. 531.0 feet to a pin; thence in a line which intersects at right angles with the Eastern line of Salem Road, N. 77° 11' E. along a ditch a distance of 488.1 feet to the Western Boundary line of a dirt road and thence turning anqrunning along the Western Boundary line of the said road N. 15° 56' W. 333.0 . feet to a point and thence turning and running along a ditch S. 77° 44' W. a distance of 478.4 feet to an iron pipe in the Eastem Boundary of Salem Road, and thence running along the said Eastern line of Salem Road N. 13° 22' E. 220 feet to a pin; . thence N. 7° 11' E. 125 feet to a pin; thence N. 99° 06' E, 140 feet to a pin; thence N. 6° 51' E. 100 feet to an iron pipe in the center line of a ditch; thence turning and running along the center line of said ditch S. 80° 00' E. a distance of 555.3 feet to a pin; thence along the Southern bank of said ditch S. 88° 56' E. E. 320.8 feet to a pin; thence S. 88° 35' E. 141.9 feet to a pin; thence due East 539.88 feet to an iron pin by axle; thence turning and running S. 25° 03' W. a distance of 524.73 feet to a pin by gum; thence S. 28° 18' W. 267.25 feet to a pin; thence S. 44° 27' E. a distance of 188,2 feet to a pin; thence running along the old line ditch S. 39° 13' W. 1551.6 feet to the iron pin at the intersection of the old line ditch with the Eastern Boundary line of Salem Road to the point of beginning; less and except the following described property: a. Parcels designated as Lots One (1) and Two (2) conveyed to Joseph C. Monds, Jr. and Patsy Tyler Monds, husband and wife, by deed from Robert D. Paul and Mary Helen Paul, his wife, dated September 14, 1960 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia B~ach, Virginia in Deed Book 652, at Page 501. See Map Book 80, at Page 32 for the plat. b. Parcels designated as Lots Three (3), Four (4), and Five (5) conveyed to Mary E. Manning by deed from Robert D. Paul and Mary Helen Paul, hiswife, dated September 14, 1960 and recorded in the last mentioned Clerk's Office in Deed Book 652, at Page 504. See Map Book 50, at Page 32 for the plat. A parcel containing 8.878 acres conveyed to R. G. Moore Building Corp., a Virginia corporation, by deed from Robert D. Paul, widower, dated September c. 28, 1983 and recorded in the last mentioned Clerk's Office in Deed Book 2286, at Page 1669. See Map Book 171, at Page 34 for the plat. d. A parcel designated as "Robert D. Paul and Mary Helen Paul", conveyed to R. G. Moore Building Corp., a Virginia corporation, by deed from Robert D. Paul, widower, dated March 23, 1984 and recorded in the last mentioned Clerk's Office in Deed Book 2321, at Page 201. See Map Book 172, at Page 49 for the plat. LESS AND EXCEPT that certain portion of land described as follows conveyed unto the City of Virginia Beach, Virginia by Deed dated October 3, 1997 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 3812, at Page 1141: ALL THAT certain lot, track or parcel of land together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described. as "VARIABLE WIDTH RIGHT-OF-WAY (ROAD) TO BE CONVEYED TO THE CITY OF VIRGINIA BEACH, VIRGINIA AREA = 116,892 SQ. Fr. :t OR 2.683 AC. :t" as shown on that certain plat entitled: "PLAT OF PROPERTY OF ROBERT D. PAUL, LESLIE A. PAUL AND WILLIAM F. SEIB AS SHOWN IN DEED BOOK 3609 AT PAGE 1606 TO BE CONVEYED TO THE CITY OF VIRGINIA BEACH, VIRGINIA FOR ELBOW ROAD EXTENDED (CIP NO: 2-006), KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", dated March 28, 1997, revised April 28, 1997, revised July 17, 1997, Scale: I" = 50', prepared by Langley and McDonald, P.C., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 260, at Page 74, to which reference is made for a more particular description. ALL THAT certain lot, tract or parcel of land together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "VARIABLE WIDTH RIGHT-OF-WAY (BMP) TO BE CONVEYED TO THE CITY OF VIRGINIA BEACH, VIRGINIA AREA = 54,993 SQ. FT. :i: OR 1.262 AC. :t" as shown on that certain plat entitled: "PLAT OF PROPERTY OF ROBERT D. PAUL, LESLIE A. PAUL AND WILLIAM F. SEIB AS SHOWN IN DEED BOOK 3609 AT PAGE 1606 TO BE CONVEYED TO THE CITY OF VIRGINIA BEACH, VIRGINIA FOR ELBOW ROAD EXTENDED (CIP NO: 2-006), KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", dated March 28, 1997, revised Apri118, 1997, revised July 17, 1997, Scale: 1" = 50', prepared by Langley and McDonald, P.C., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 260, at Page 74, to which reference is made for a more particular description. TOGETHER WITH the temporary right and easement to use the additional area(s) designated and described as "10 FOOT TEMPORARY CONSTRUCTION EASEMENT TO BE CONVEYED TO THE CITY OF VIRGINIA BEACH, VIRGINIA AREA = 9602 SQ. Fr. :t OR 0.220 AC. :t" as shown on the afor~said plat for construction cut and/or fill slopes as required for the property execution and maintenance of work. Said temporary right and easement will terminate when the City of Virginia Beach grades the Property adjacent to the easement so that there no longer exists the necessity for maintenance or until such time as all construction has tenninated and the City of Virginia Beach accepts the work as being completed. ALL THAT certain lot, tract or parcel of land together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia,designated and described as "VARIABLE WIDTH RIGHT-OF-WAY TO BE CONVEYED TO THE CITY OF VIRGINIA BEACH, VIRGINIA AREA = 10,339 SQ. Fr. :t OR 0.237 AC. :t" as shown on that certain plat entitled: "PLAT OF PROPERTY OF ROBERT D. PAUL, LESLIE A. PAUL AND WILLIAM F. SEIB AS SHOWN IN DEED BOOK 3609 AT PAGE 1606 TO BE CONVEYED TO THE CITY OF VIRGINIA BEACH, VIRGINIA FOR ELBOW ROAD EXTENDED (CIP NO: 2-006), KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", dated March 28, 1997, revised April 28, 1997, revised July 15, 1997, Scale: I" = 50', prepared by Langley and McDonald, P.C., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 260, at Page 75, to which reference is made for a more particular description. TOGETHER WITH all right, title and interest, if any, in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenances to or in any way benefiting the above described property . FURTHER LESS AND EXCEPT ALL THAT certain lot, piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia and more particularly described as follows: Beginning at a pin at the southwest corner of Lot 63, as shown on that certain plat entitled, "SUBDMSION OF SALEM LAKES SOUTH, EXTENDED", which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 176, at Page 35, and running N 81 ° 52' 27" E a distance of 355.47' to a pin; thence turning and running S 18° 09' 26" W 219.85' to a pin; thence running S 19° 28' 10" W 31.98' to a pin; thence running S 19° 25' OS" W 185.78' to a pin located on the northern edge of Elbow Road Extended; thence along the northern edge of Elbow Road Extended along a curve to the left having a central angle of 15° 45' 01", a radius of 1290.53 feet, an arc of 354.78 feet, and a chord bearing of N 69° 00' 07" W to a pin; thence turning and running N 20° 57' 13" W 227.01' to a pin; thence turning and running N 81° 52' 27" E 195.00' to the point of beginning, which was conveyed unto 3 Mac Associates, Inc. by deed dated the 1st day of December, 1999; as GPIN #1474-08-1391-0000. GPIN: 1474-97-7701-0000 1 Item V-J.ll PLANNING - 56- ITEM # 50583 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of GLENWOOD SOUTH, L.L.c. for a Chamze of Zoning District Classification: ORDINANCE UPON APPLICATION OF GLENWOOD SOUTH, 1.1. c., A VIRGINIA LIMITED LIABILITY COMPANY, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-1O RESIDENTIAL DISTRICT TO PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT (R- 10 )ZO 12022132 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Glen wood South, LLc., a Virginia limited liability company,for a Chanf!e of Zoning District Classification {rom R-1 0 Residential District to PD-H2 Planned Unit Development District (R-1O) on the east side of Indian River Road, 500 feet north of Stumpy Lake Lane (GPIN 1474183368). Theproposedzoningclassification change to PD-H2 (R -10) is for single family residential land use on lots no less than 6,000 square feet. The Comprehensive Plan recommends use of this parcel for residential uses at or below 3.5 dwelling units per acre at densities that are compatible with single-family use in accordance with other Plan policies. Said parcel contains 4.2 acres. DISTRICT 1- CENTERVILLE The following conditions shall be required: 1. Site Area = 2.61 acres 2. Number of Units = 12 single family homes 3. Open Space provided = 17,100 square feet as shown on conceptual plan. 4. Setbacks = Front 30-foot, Side 10 & 5 feet, Rear 10-feetfrom property line. 5. Maximum Height = 35ft 6. Parking/Unit = 2 spaces 7. All development shall be in substantial conformance with the plan exhibited to City Council and entitled "Conceptual Site Layout Plan of Glenwood Estates" dated October 15, 2002 and prepared by MSA, pc. 8. A no ingress or egress easement shall be dedicated along the entire length of future Indian River Road right-of- way. 9. A temporary turn-around shall be constructed at the northern terminus of the proposed street. 10. A 147 -foot right-of- way reservation for Indian River Road is required as shown on the conceptual site layout plan for Glenwood Estates. 11. Open space will remain heavily wooded and undisturbed. The open space will be owned by the developer and shall be dedicated to the City at the time the right-of-way reservation area for Indian River Road is purchased. December 10, 2002 - 57- Item V-J.ll PLANNING ITEM # 50583 (Continued) 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 Tenth of December, Two Thousand Two. Voting: 9-0 (By Consent) Council Members Voting Aye: Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James 1. Wood December 10, 2002 - 58- Item V-L.1. APPOINTMENTS ITEM # 50584 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS COMMUNITY SERVICES BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE MINORITY BUSINESS COUNCIL RESORT ADVISORY COMMISSION VIRGINIA BEACH FOUNDATION VOLUNTEER COUNCIL YOUTH SERVICES COORDINATING COUNCIL December 10, 2002 - 59- Item V-K.2. APPOINTMENTS ITEM # 50585 Upon NOMINATION by Vice Mayor Jones, City Council: BOARD OF BUILDING CODE APPEALS APPOINTED: ELECTRICAL DIVISION Michael G. Swindell, Master Electrician 2 year term 01/01/03 -12/31/04 REAPPOINTED: BUILDING MAINTENANCE DIVISION Ruth W. Bell C. Gregory Johnson Jimmie A. Koch Donald MacLennan Vincent R. Oliveri ELECTRICAL DIVISION Archie R. Smith Robert H. Smith, Jr., James S. Witcher Master Electrician Master Electrician Master Electrician NEW CONSTRUCTION DIVISION Andrew R. Broyles William M. Davenport Frank L. Mathews Kenneth Rodman Robert L. Yoder Mark Ricketts Randy Royal State Registered General Contractor Surveyor/Land Planner Building Supply Business State Registered Engineer State RegisteredlLicensed Architect Alternate Alternate PLUMBING and MECHANICAL DIVISION Richard S. Corner William Hendricks Donald D. Jones, Jr. Peter C. Stiffler James D. Wells Licensed/Registered Architect Licensed/Registered Master Mechanical Worker Licensed/Registered Master Plumber Licensed/Registered Engineer Licensed/Registered Building Contractor 2 year term 01/01/03 -12/31/04 Voting: 10-0 Council Members Voting Aye: Margaret L. Eure, 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: None December 10,2002 - 60- Item V-K.3. APPOINTMENTS ITEM # 50586 Upon NOMINATION by Councilman Jones, City Council REAPPOINTED: Gerald S. Divaris Eric A. Hauser Robert G. Jones Donald L. Maxwell Meyera E. Oberndorf 1 year term 01/01/03 -12/31/03 HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE Voting: 10-0 Council Members Voting Aye: Margaret L. Eure, 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: None December 10, 2002 - 61 - Item V-K.4. APPOINTMENTS ITEM # 50587 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Ronald C. Ripley - Bayside District 4-year term 01/01/03 -12/31/06 Upon NOMINATION by Councilman Reeve, City Council APPOINTED: Barry Knight - Princess Anne District 4-year term 01/01/03 -12/31/06 Upon NOMINATION by Councilman Maddox, City Council APPOINTED: Michael Levinson - Beach District 4-year term 01/01/03 -12/31/06 PLANNING COMMISSION Voting: 10-0 Council Members Voting Aye: Margaret L. Eure, 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: None December 10, 2002 - 62- Item V-M.1. NEW BUSINESS ITEM # 50588 Upon motion by Vice Mayor Jones, seconded by Councilman Villanueva, City Council RESCHEDULED: The regular Fourth Tuesday City Council Session to the THIRD TUESDA Y, DECEMBER 17, 2002 during which time Candidates for the vacant Kempsville District 2 seat shall be interviewed at 1:00 P.M. on VBTVand later appointed during the Formal Session. Voting: 9-1 Council Members Voting Aye: Margaret 1. Eure, 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: None December 10, 2002 - 63- Item V-N.l. ADJOURNMENT ITEM # 50589 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 9:30 P.M. ~--_r1,,-_ß~/-<-.J Beverly O. Hooks, CMC Chief Deputy City Clerk 4 --:~~ /lHHU '::;:;::::;~ges Smith, MMC City Clerk ------- -------------------------- Meyera E. Oberndorf Mayor City of Virginia Beach Virginia December la, 2002