HomeMy WebLinkAboutOCTOBER 4, 2005 AGENDAI CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At -Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
HARRYE. DIEZEL, Kempsville - District 2
ROBERT M. DYER, Centerville - District 1
REBA S. McCLANAN, Rose Hall - District 3
RICHARD A. MADDOX, Beach - District 6
JIM REEVE, Princess Anne - District 7
PETER W. SCHMIDT, At -Large
RONA. VILLANUEVA, At -Large
ROSEMARY WILSON, At -Large
JAMES L. WOOD, Lynnhaven -District 5
CITY MANAGER - JAMES K. SPORE
CITYATTORNEY - LESLIE L. LILLEY
CiTY CLERK - RUTH HODGES SMITH, MMC
CITY OF VIRGINIA BEACH
COMMUNITY FOR A LIFETIME
CITY COUNCIL AGENDA
4 OCTOBER 2005
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE: (757) 427-4303
FAX (757) 426-5669
E-MAIL:Ctycncl@vbgov.com
I. CITY MANAGERS BRIEFING - Conference Room -
A. PRINCESS ANNE COMMONS
Cindy Curtis -Director, Department of Parks and Recreation
B. FUND BALANCE PROPOSAL
Catheryn Whitesell-Director, Department of Management Services
II. COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA ITEMS
V. INFORMAL SESSION - Conference Room -
A. CALL TO ORDER — Vice Mayor Louis R. Jones - Presiding
B. ROLL CALL OF CITY COUNCIL
1:00 PA1 II
2:30PM
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION - Council Chamber -
A. CALL TO ORDER — Vice Mayor Louis R. Jones — Presiding
C.
Q
E
INVOCATION: Reverend Robert A. Vogl
Messiah Lutheran Church
6:00 P.M.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ELECTRONIC ROLL CALL OF CITY COUNCIL
CERTIFICATION OF CLOSED SESSION
F. MINUTES
G.
H
I.
1. INFORMAL AND FORMAL SESSIONS
AGENDA FOR FORMAL SESSION
CONSENT AGENDA
ORDINANCES/RESOLUTION
1. Ordinances to AMEND the regulation and rates of taxi cabs:
September 27, 2005
a. City Code §§ 36-86, 3696,36-115,36-156,36-157,36-172, and 36-177
b. Authorize a temporary increase in the maximum rates
2. Ordinance AUTHORIZING the execution of an Agreement re the terms and conditions of a
water utility service between the Cities of Virginia Beach and Norfolk with Stephen
Alexander Homes, Inc. at Pleasant Grove.
3. Ordinance AUTHORIZING a contract with Barker, Campbell and Farley [BCF] to
administer the City's Advertising and Public Relations Accounts.
4. Resolution to ADOPT the City's 2006 Community Legislative Agenda and requesting that
members of the City's local Delegation to the General Assembly sponsor and/or support
legislation that would carry out the goals and objectives set forth thererin
J. PLANNING
1. Applications of the CITY OF VIRGINIA BEACH for the discontinuance, closure and
abandonment of portions of:
a. Jefferson Avenue north of Virginia Beach Boulevard
b. Monroe Avenue north of Virginia Beach Boulevard
C. Monroe Avenue south of 19th Street
d. Parks Avenue north of 181h Street
e. Washington Avenue north of 19th Street
f. Washington Avenue south of 19th Street
g. Norfolk Place east of Washington Avenue
h. Alley east of Parks Avenue
i. Alley west of Parks Avenue
(DISTRICT 6 — BEACH)
DEFERRED
RECOMMENDATION:
K. APPOINTMENTS
August 23 and September 27, 2005
CITIZEN'S COMMITTEE re BRAC
EASTERN VIRGINIA HEALTH SYSTEMS AGENCY
HEALTH SERVICES ADVISORY BOARD
HISTORICAL REVIEW BOARD
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE — PPEA
PARKS and RECREATION COMMISSION
PERSONNEL BOARD (Alternates)
PUBLIC LIBRARY BOARD
REVIEW AND ALLOCATION COMMITTEE (COG)
L. UNFINISHED BUSINESS
M. NEW BUSINESS
1. City Council December Schedule
N. ADJOURNMENT
APPROVAL
PUBLIC COMMENTS
Non -Agenda Items
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)
Agenda 10/04/2005 gw
www.vbgov.com
CITY OF VIRGINIA BEACH
AGENDA ITEM ,
ITEMS: (1) An Ordinance to Amend Sections 36-86, 36-96, 36-115, 36-156, 36-157,
36-172 and 36-177 of the City Code Pertaining to the Regulation of Taxi Cabs.
(2) An Ordinance to Permit a Temporary Increase in the Maximum Rates for
Taxicabs.
MEETING DATE: October 4, 2005
■ Background: On August 17th, the City Manager's Office received a request from
five taxi companies regarding a rate increase. In the letter, the taxi companies cited
rising gasoline and insurance prices as justification for a rate increase. The taxi
companies suggested increasing (i) the meter drop fare from $1.75 to $2.00, (ii) the per
1/8th of a mile charge from $.23 to $.25, and (iii) the waiting fees per minute from $.23 to
$.25. After analysis, City staff recommend raising the first 1/8th of a mile from $1.75 to
$1.85 and increasing the per 1/8th of a mile charge from $.23 to $.25. With the effect
that Hurricane Katrina has had on gas prices, staff still suggests those increases, plus a
sixty day increase to the per 1/8th of a mile charge of two cents. This change would
temporarily raise the rate to $.27 per 1/8th of a mile.
In addition, several code changes are requested. These amendments will delete a
redundancy, acknowledge changes in technology, provide for flat fees, and classify as
larceny (1) acceptance of fares in excess of the rates set forth in the code or (2)
acceptance of a taxi ride without paying the required fare.
■ Considerations: The last rate increase adopted by the City Council occurred in
January 2003. Since that time the only adjustment to taxi rates has been the temporary
$.25 surcharge per trip. Adopting these rates will put Virginia Beach's taxi rates as
some of the highest in the region (see attached letter for more details).
■ Public Information: City Code requires the City Council to hold a public hearing
on this issue. In a letter to the taxi companies, they were asked to place notification of
the public hearing in their cabs so that customers would be made aware of the hearing.
A public hearing was advertised on September 11th 2005 and held on September 27th.
■ Alternatives: Council members will be asked to vote on two separate ordinances
regarding the regulation of taxicabs:
■ The first ordinance would establish a new permanent rate structure. This
would involve raising the meter drop fees from $1.75 to $1.85 and raising the
per 1/8th of a mile charge from $.23 to $.25. By adopting these rates, Council
will also adopt staffs suggested changes to update the City Code regarding
regulation of taxicabs.
■ The second ordinance would allow a temporary increase in rates for 60 days.
The temporary increase would raise the per 1/8'h of a mile charge by two
cents. This proposal would be effective from October 5, 2005 thru December
3, 2005.
Council has the options of 1) approving both ordinances, 2) approving one ordinance
but not the other or 3) disapproving both ordinances.
■ Attachments: Letter from Taxi Companies
Letter from Catheryn Whitesell to Taxi Companies
Ordinances
Recommended Action: Approve Both Ordinances
/
Submitting Department/Agency: Management Services %
City Manager: 1 �'
1
2
3
4
5
6
7
8
9
10
11
12
AN ORDINANCE TO AMEND SECTIONS 36-86, 36-115,
36-156, 36-157, 36-159, 36-172 AND 36-177 OF
THE CITY CODE PERTAINING TO THE REGULATION OF
TAXICABS
SECTIONS AMENDED: §§ 36-86, 36-115, 36-156,
36-157, 36-159, 36-172 AND 36-177
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Sections 36-86, 36-115, 36-156, 36-157, 36-159, 36-
13 172 and 36-177 of the City Code are hereby amended and reordained,
14 to read as follows:
15 Sec. 36-86. Central dispatch records or manifests.
16 Every certificate holder operating a taxicab or taxicabs under
17 this article shall keep and maintain in the city, at the place of
18 his or her eentraa d spates, registered office location, a manifest
19 or permanent record, written or printed in ink, in a form
20 prescribed by the chief of police, showing for each day the number
21 of taxicabs operated, the driver of each taxicab, the origin and
22 destination of each trip made by each taxicab, the time of each
23 such trip and the amount charged for each such trip. The manifests
24
or
records shall
be delivered
to the police
department, upon demand
25
of
the chief of
police, for
inspection by
the chief of police or
26 any member of the police department. All such manifests and records
27 shall be maintained for at least twelve (12) months and shall be
28 available for inspection at all reasonable times by the chief of
29 police or any member of the police department.
30 . . . .
31
32
COMMENT
33 Many taxi companies do not have a "central dispatch" because the duty driver dispatches via
34 cell phone. This amendment will allow the required records to be maintained at the registered office
35 instead of central dispatch.
36
37 . . . .
38 Sec. 36-115. Issuance, contents and exhibition of tax assessment
39 slip.
40
41 The commissioner of the revenue shall issue, with each license
42 decal issued under this division, a tax assessment slip showing the
43 name and address of the owner, the year, make, model and motor
44 number of the taxicab for which it was issued, and the number of
45 such license decal. Such slip shall be receipted by the city
46 treasurer, when the tax is paid. and emhibited by the of
47
48 any law —enfereeme t effie--
49 . . . .
50
COMMENT
51 This amendment removes the redundant requirement that taxicab drivers display the tax slip
52 issued by the Commissioner of the Revenue after the required tax is paid, because at the time the tax is
53 paid, in addition to issuing the tax slip, the Commissioner of the Revenue also issues a license decal
54 which must be displayed and also serves as proof the required taxes have been paid.
55
56 36-156. Required.
57 All taxicabs operated in this city shall be equipped with a
58 taximeter which shall be in operation during the time when
59 passengers are transported and which shall be used to compute
60 fares. A taxicab operator may charge a flat rate for a fare
61 provided the meter is running and the flat rate charged does not
62 exceed the rates listed in § 36-172.
63 COMMENT
64 This amendment allows a taxicab driver to quote a flat fee for a fare as long as the fee does not
65 exceed the actual metered rate.
66
67 Sec. 36-157. Identification light.
68 Whenever any taxicab is engaged, there shall be conspicuously
69 displayed an identification light connected to the taximeter,
70 eperateel Efteehanie-all which shall show
71 light when the meter is in operation, such light to be so located
72 and in such form, color and size as is prescribed by the chief of
73 police.
74 . . . .
75 COMMENT
76 This amendment deletes the wording "operated mechanically by throwing the meter flag"
77 because taximeters are now operated electronically rather than mechanically.
78
79 Sec. 36-159. Use when excessive fare is computed.
80
No person
shall
accept payment
of a fare after knowing3-y use
81
of a taximeter
which
computes
a fare in excess of rates permitted
82
by division 6
of this
article.
A violation of this section shall
83 be deemed larceny and punishable as a Class I misdemeanor.
84 . . . .
85 COMMENT
86 This amendment clearly classifies the acceptance of a fare in excess of the rates set forth in the
87 code section below as a larceny and a Class I misdemeanor.
88 Sec. 36-172. Maximum rates for taxicabs.
89 (a) No person owning, operating, controlling or driving a
90 taxicab within the city shall charge an amount to exceed the
91 following rates of fare:
92 (1) For the first one -eighth of a mile or fraction thereof .
93 . . $ !. 5S 1.85
94 (2) For each succeeding one -eighth of a mile or fraction
95 thereof . . . 0.23-0.25
96 (3) Trunk charge . . . 0.50
97 (4) For each minute of waiting time . . . 0.23
98 If hired on an hourly basis, the rate of thirteen dollars and
99 eighty cents ($13.80) per hour shall apply.
100 (b) Notwithstanding the provisions of this section, taxicabs
101 bringing passengers into this city from without the city shall
102 charge the rates prescribed by the city or county in which they are
103 licensed.
104 (c) Any application for a fare increase under this section
105 shall include justification for such fare increase and such
106 financial and operating information as may be requested by the city
107 manager. The city council shall hold a public hearing before acting
108 on any such application for a fare increase, after public notice
109 for at least ten (10) days.
110 . . . .
111 COMMENT
112 This amendment increases the maximum rates charged by taxicab drivers for the first 1/8 of a
113 mile or fraction thereof form $1.75 to $1.85, and for each succeeding 1/8 of a mile or fraction thereof
114 from $0.23 to $0.25.
115
116
117 Sec. 36-177. Failure to pay.
118 It shall be unlawful for any person to engage or ride in a
119 taxicab without paying the legal fare therefor. A violation of
120 this section shall be deemed larceny and punishable as a Class I
121 misdemeanor.
122 COMMENT
123 This amendment clearly classifies this violation a larceny and Class I misdemeanor.
124
125
Adopted
by the Council
of the City of Virginia Beach,
126
Virginia, on the
day of
, 2005.
Approved As to Content:
Manage ent Services
Approved As to Content:
Police Department
CA9751
H:\PA\GG\OrdRes\Proposed\36-86 et al
R-2
September 16, 2005
Approved As To Legal
Sufficiency:
Ci ttor y's Office
1 AN ORDINANCE TO PERMIT A TEMPORARY INCREASE IN
2 THE MAXIMUM RATES FOR TAXICABS
3
4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
5 VIRGINIA BEACH, VIRGINIA:
6
7 From October 5, 2005 through December 3, 2005 a person owning,
8 operating, controlling or driving a taxicab within the city may
9 charge an additional .02 cents above the maximums listed in City
10 Code §§ 36-172 (a) (1) and (a) (2) .
11 CONEMENT
12 This amendment temporarily increases the maximum rate taxi cab drivers may charge for a
13 fare by .02 cents for 60 days.
14
15
16 Adopted by the Council of the City of Virginia Beach,
17 Virginia, on the day of , 2005.
Approved As to Content:
anage ent Services
Approved As To Legal
Sufficiency:
City ttorn y' ffice
CA9755
H:\PA\GG\OrdRes\Proposed\36-172 Temp Taxi Rate ORD
R-4
September 22, 2005
City ®f Virginia Bcach
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S OE- OUR N"o"
DEPARTMENT OF MANAGEMENT SERVICES
(757)427-8234
FAX (757) 563-1857
TDD (757) 427.4305
September 9, 2005
Oceanside Taxi
1657 Virginia Beach Boulevard
Virginia Beach 2345
Subject: Taxi Rate Increase Request
To Whom It May Concern:
VBgov.com
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9012
This is in response to a letter dated July 17th 2005, received by our office on August 17th
regarding a request for a taxi rate increase. In the letter the Taxi Cab companies have identified
both rising insurance and gasoline prices as reasons behind a rate increase. We also received
a separate letter from Ms. Cheryl Dozier from Beach Taxi who supported raising the meter drop
and waiting fees. I would like to explain that the City was in the process of reviewing taxi rates
and had a recommendation prepared before Hurricane Katrina effected gas prices further. As a
result, the City wanted to re-examine gas prices before making a recommendation that was
either outdated or not adequately dealing with increased gas costs.
Your letter suggested increasing the rates as follows:
Currently Proposed
Meter Drop Fee $1.75 $2.00
1/8th of a mile charge $ .23 $ .25
Waiting Fee (per minute) $ .23 $ .25
The last rate increase that the Council approved (excluding the $.25 gasoline surcharge that the
Council approved in December) was in January 2003 and raised both the per mileage fee from
$.20 per 1/8th of a mile to $.23, and the per minute waiting fee from $.20 per minute to $.23 per
minute. In the study that supported the gasoline surcharge, taxi drivers from each company
were asked how much gas they use in a day and how many passengers they pick up:
City ®f Virir� is Bcach
2
99�s OF OUR NASIONS 0
DEPARTMENT OF MANAGEMENT SERVICES
(757)427-8234
FAX (757)563-1857
TDD (757) 427-4305
September 9, 2005
Oceanside Taxi
1657 Virginia Beach Boulevard
Virginia Beach 2345
Subject: Taxi Rate Increase Request
To Whom It May Concern:
VBgov.com
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9012
This is in response to a letter dated July 171h 2005, received by our office on August 171h
regarding a request for a taxi rate increase. In the letter the Taxi Cab companies have identified
both rising insurance and gasoline prices as reasons behind a rate increase. We also received
a separate letter from Ms. Cheryl Dozier from Beach Taxi who supported raising the meter drop
and waiting fees. I would like to explain that the City was in the process of reviewing taxi rates
and had a recommendation prepared before Hurricane Katrina effected gas prices further. As a
result, the City wanted to re-examine gas prices before making a recommendation that was
either outdated or not adequately dealing with increased gas costs.
Your letter suggested increasing the rates as follows:
Currently Proposed
Meter Drop Fee $1.75 $2.00
1/81h of a mile charge $ .23 $ .25
Waiting Fee (per minute) $ .23 $ .25
The last rate increase that the Council approved (excluding the $.25 gasoline surcharge that the
Council approved in December) was in January 2003 and raised both the per mileage fee from
$.20 per 1/81h of a mile to $.23, and the per minute waiting fee from $.20 per minute to $.23 per
minute. In the study that supported the gasoline surcharge, taxi drivers from each company
were asked how much gas they use in a day and how many passengers they pick up:
Taxi Rate Increase Request
September 9, 2005
Page 2
Company
Average Gallons
per Day
Average Passengers
per Day
Gasoline Type
Used
Beach Taxi
15
25-30
Low
A-1
10 to 15
20
Premium
Andy's Taxi
10
6 to 7
Premium
Diamond
7 to 14
4 to 7
Low
American Taxi
14 to 15
15
Premium
Yellow Cab
14 to 15
16
Premium
TOTALS1
12.871
15.12
Clearly the cost of gasoline has increased sharply over the last 12 months. AAA's Daily Fuel
Gauge report is indicating that average price of regular gasoline has increased by 79 cents in
the past year, with midgrade and premium prices increasing by even more. The per gallon cost
of regular gasoline at the time of last rate increase was $1.31 and gas prices have nearly
doubled to $2.59 since that time (before Hurricane Katrina effected gas prices). The City
certainly agrees with your claims that some form of a rate increase is justified based on the
rising costs of gasoline.
We agree with your recommendation to raise rates to $.25 per 1/8th of a mile. With this
increase, a driver who averages 100 paid miles per day (a figure Mr. Dozier indicated as
average) could earn an extra $16 per day. If we figure that drivers average 12.87 gallons per
day, and are paying an additional $1.28 per gallon since the last rate increase, this would
equate to $16.47. Thus, the recommendation to raise the charge per 1/8th of a mile to $.25
seems reasonable.
As far as insurance costs increasing, there was more difficulty in examining a standard
benchmark. There is evidence that basic insurance is declining though commercial automobile
insurance is increasing (http://www.insurance.com/).
With the regards to the proposed meter drop fee of $2.00, we would recommend that the fee be
increased but by a smaller amount. A drop fee of $1.85, a ten cent increase in meter drop fees,
should provide an additional $1.50 per day for drivers if they average 15 passengers per day.
This rate would provide approximately $30 a month or $360 a year more for drivers. Based on
estimates from insurance.com, this should offset the increased costs of insurance.
At this point, we do not see a reason to increase waiting fees as proposed from $.23 to $25 per
minute.
With regards to Hurricane Katrina, gas prices have escalated further. AAA is currently reporting
that the Hampton Roads region has seen an increase in gas prices from $2.59 to $3.10 per
gallon. As a result of this increase, we propose a temporary two cent increase to the per 1/8th of
a mile charge. To deal with this increase, the City suggests a two cent increase on the per 1/81h
of a mile rate. This would be in addition to the recommended rate of $.25 per 1/8th of a mile,
bringing this charge to $.27 per 1/8th of a mile. If we assume the average cab driver accounts
for 100 paid miles per day, this should result in an additional $20 per day. This two cent
increase should offset the increased costs to your drivers. The additional two cents per 1/8th of
a mile will apply for sixty days from when the City Council votes on this issue.
Taxi Rate Increase Request
September 9, 2005
Page 3
Given these proposed adjustments, our records indicate our rates will be near the highest or the
highest in the region:
Taxi Rates In the Hampton Road Region
Meter Drop
Fee
Charge Per
Mile
Waiting Fees
Per Minute
Chesapeake
$1.85
$1.80
$.20
Hampton
$1.75
$1.75
$.25
Newport News
$1.75
$1.40
$.25
Norfolk
$1.75
$1.60
$.25
Portsmouth
$1.85
$1.80
$.25
Suffolk
NA
$1.00
NA
Williamsburg
$1.75
$1.75
$.25
Virginia
Beach
Current
$1.75
$1.84
$.23
Recommended
$1.85
$2.00
$.23
With Recommended Hurricane
Katrina Gas Cost Adjustment
$1.85
$2.16
$.23
As you are aware, City Code requires us to hold a public hearing before the City Council can
vote on this issue. While the City will advertise the public hearing in the local newspaper, we
would like to hear from your customers about this proposed rate increase. We would appreciate
if you would place notification of the public hearing in your cabs to alert passengers to this
meeting. If you would like something to place in the cabs for public notification, we suggest
displaying the attached form. We have scheduled a public hearing for this issue on September
27th at 6 PM in City Council chambers. A vote would then be scheduled on October 4th with the
rate to become effective the next day.
We recommend revisiting these rates one year from now to examine if they should be adjusted
based on gasoline prices increasing or decreasing.
We appreciate your assistance in providing a written request for a rate increase from four
different taxi cab company owners. This makes it much easier for us to track and respond to
your issues knowing there is a group within the community concerned with this issue.
Sincerely,
f
Catheryn R. Whitesell
Director of Management Services
CRW/mb
Enclosures: Public Hearing Notification
c: Honorable Mayor and Members of City Council
James K. Spore, City Manager
Charlie Meyer, Chief Operating Officer
A.M. Jacocks, Chief of Police
Jim Price, Master Police Officer
,/ Kathy Rountree, Attorney
", : �` ; �
City of Virgiriia Beach
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VBgov. corn
DEPARTMENT OF MANAGEMENT SERVICES
MUNICIPAL CENTER
(757) 427-8234
BUILDING 1
FAX (757) 563-1857
2401 COURTHOUSE DRIVE
TDD (757) 427-4305
VIRGINIA BEACH, VA 23456-9012
September 9, 2005
Action Taxi & Sedan Service
1948 Diamond Springs Road
Virginia Beach VA 23455
Subject: Taxi Rate Increase Request
To Whom It May Concern:
This is in response to a letter dated July 17th 2005, received by our office on August 17th
regarding a request for a taxi rate increase. In the letter the Taxi Cab companies have identified
both rising insurance and gasoline prices as reasons behind a rate increase. We also received
a separate letter from Ms. Cheryl Dozier from Beach Taxi who supported raising the meter drop
and waiting fees. I would like to explain that the City was in the process of reviewing taxi rates
and had a recommendation prepared before Hurricane Katrina effected gas prices further. As a
result, the City wanted to re-examine gas prices before making a recommendation that was
either outdated or not adequately dealing with increased gas costs.
Your letter suggested increasing the rates as follows:
Currently Proposed
Meter Drop Fee $1.75 $2.00
1/8th of a mile charge $ .23 $ .25
Waiting Fee (per minute) $ .23 $ .25
The last rate increase that the Council approved (excluding the $.25 gasoline surcharge that the
Council approved in December) was in January 2003 and raised both the per mileage fee from
$,20 per 1/81h of a mile to $.23, and the per minute waiting fee from $.20 per minute to $.23 per
minute. In the study that supported the gasoline surcharge, taxi drivers from each company
were asked how much gas they use in a day and how many passengers they pick up:
City of Virgiriia Se�ch
DEPARTMENT OF MANAGEMENT SERVICES
(757)427-8234
FAX (757) 563-1857
TDD (757) 427-4305
September 9, 2005
James Taxi Service
P.O. Box 9875
Virginia Beach VA 23450
Subject: Taxi Rate Increase Request
To Whom It May Concern:
vBgov.com
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9012
This is in response to a letter dated July 17th 2005, received by our office on August 17(h
regarding a request for a taxi rate increase. In the letter the Taxi Cab companies have identified
both rising insurance and gasoline prices as reasons behind a rate increase. We also received
a separate letter from Ms. Cheryl Dozier from Beach Taxi who supported raising the meter drop
and waiting fees. I would like to explain that the City was in the process of reviewing taxi rates
and had a recommendation prepared before Hurricane Katrina effected gas prices further. As a
result, the City wanted to re-examine gas prices before making a recommendation that was
either outdated or not adequately dealing with increased gas costs.
Your letter suggested increasing the rates as follows:
Currently Proposed
Meter Drop Fee $1.75 $2.00
1/8(h of a mile charge $ .23 $ .25
Waiting Fee (per minute)
$ .23 $ .25
The last rate increase that the Council approved (excluding the $.25 gasoline surcharge that the
Council approved in December) was in January 2003 and raised both the per mileage fee from
$.20 per 1/8th of a mile to $.23, and the per minute waiting fee from $.20 per minute to $.23 per
minute. In the study that supported the gasoline surcharge, taxi drivers from each company
were asked how much gas they use in a day and how many passengers they pick up:
City of Viririia Beacra
2
0
S
T OUR NAIN
DEPARTMENT OF MANAGEMENT SERVICES
(757)427-8234
FAX (757) 563-1857
TDD (757) 427-4305
September 9, 2005
Mel's Taxi
913 Virginia Beach Boulevard
Virginia Beach VA 23451
Subject: Taxi Rate Increase Request
To Whom It May Concern:
VBgov. COITI
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9012
This is in response to a letter dated July 171h 2005, received by our office on August 17th
regarding a request for a taxi rate increase. In the letter the Taxi Cab companies have identified
both rising insurance and gasoline prices as reasons behind a rate increase. We also received
a separate letter from Ms. Cheryl Dozier from Beach Taxi who supported raising the meter drop
and waiting fees. I would like to explain that the City was in the process of reviewing taxi rates
and had a recommendation prepared before Hurricane Katrina effected gas prices further. As a
result, the City wanted to re-examine gas prices before making a recommendation that was
either outdated or not adequately dealing with increased gas costs.
Your letter suggested increasing the rates as follows:
Currently Proposed
Meter Drop Fee $1.75 $2.00
1/8th of a mile charge $ .23 $ .25
Waiting Fee (per minute) $ .23 $ .25
The last rate increase that the Council approved (excluding the $.25 gasoline surcharge that the
Council approved in December) was in January 2003 and raised both the per mileage fee from
$.20 per 1/8th of a mile to $.23, and the per minute waiting fee from $.20 per minute to $.23 per
minute. In the study that supported the gasoline surcharge, taxi drivers from each company
were asked how much gas they use in a day and how many passengers they pick up:
City of Virgiriia Beach
DEPARTMENT OF MANAGEMENT SERVICES
(757)427-8234
FAX (757)563-1857
TDD (757)427-4305
September 9, 2005
Stanly Slone
Yellow Cab of Virginia Beach
1122 Priddy Lane
Virginia Beach VA 23455
Subject: Taxi Rate Increase Request
Dear Mr. Slone:
VBgov.com
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9012
This is in response to your letter dated July 17th 2005, received by our office on August 17th
regarding a request for a taxi rate increase. In your letter you have identified both rising
insurance and gasoline prices as reasons behind a rate increase. We also received a separate
letter from Ms. Cheryl Dozier from Beach Taxi who supported raising the meter drop and waiting
fees. I would like to explain that the City was in the process of reviewing taxi rates and had a
recommendation prepared before Hurricane Katrina effected gas prices further. As a result, the
City wanted to re-examine gas prices before making a recommendation that was either
outdated or not adequately dealing with increased gas costs.
Your letter suggested increasing the rates as follows:
Currently Proposed
Meter Drop Fee $1.75 $2.00
1/8th of a mile charge $ .23 $ .25
Waiting Fee (per minute) $ .23 $ .25
The last rate increase that the Council approved (excluding the $.25 gasoline surcharge that the
Council approved in December) was in January 2003 and raised both the per mileage fee from
$.20 per 1/8th of a mile to $.23, and the per minute waiting fee from $.20 per minute to $.23 per
minute. In the study that supported the gasoline surcharge, taxi drivers from each company
were asked how much gas they use in a day and how many passengers they pick up:
City of VirgirZia Beach
�''_ OUR NWT;
DEPARTMENT OF MANAGEMENT SERVICES
(757)427-8234
FAX (757) 563-1857
TDD (757) 427-4305
September 9, 2005
Andrew Felix
Andy's Cab Co.
1541 Beachview Drive
Virginia Beach VA 23464
Subject: Taxi Rate Increase Request
Dear Mr. Felix:
VBgov.com
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9012
This is in response to your letter dated July 171h 2005, received by our office on August 171h
regarding a request for a taxi rate increase. In your letter you have identified both rising
insurance and gasoline prices as reasons behind a rate increase. We also received a separate
letter from Ms. Cheryl Dozier from Beach Taxi who supported raising the meter drop and waiting
fees. I would like to explain that the City was in the process of reviewing taxi rates and had a
recommendation prepared before Hurricane Katrina effected gas prices further. As a result, the
City wanted to re-examine gas prices before making a recommendation that was either
outdated or not adequately dealing with increased gas costs.
Your letter suggested increasing the rates as follows:
Currently Proposed
Meter Drop Fee $1.75 $2.00
1/81h of a mile charge $ .23 $ .25
Waiting Fee (per minute) $ .23 $ .25
The last rate increase that the Council approved (excluding the $.25 gasoline surcharge that the
Council approved in December) was in January 2003 and raised both the per mileage fee from
$.20 per 1/8`h of a mile to $.23, and the per minute waiting fee from $.20 per minute to $.23 per
minute. In the study that supported the gasoline surcharge, taxi drivers from each company
were asked how much gas they use in a day and how many passengers they pick up:
ti 44 CC
21
S Op OUR NA?%0N
DEPARTMENT OF MANAGEMENT SERVICES
(757)427-8234
FAX (757) 563-1857
TDD (757) 427-4305
September 9, 2005
Richard Dozier
A-1 Taxi
1301 Kings Way Drive
Chesapeake VA 23320
City of Virgirzia Beach
Subject: Taxi Rate Increase Request
Dear Mr. Dozier:
VBgovxom
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9012
This is in response to your letter dated July 17th 2005, received by our office on August 17th
regarding a request for a taxi rate increase. In your letter you have identified both rising
insurance and gasoline prices as reasons behind a rate increase. We also received a separate
letter from Ms. Cheryl Dozier from Beach Taxi who supported raising the meter drop and waiting
fees. I would like to explain that the City was in the process of reviewing taxi rates and had a
recommendation prepared before Hurricane Katrina effected gas prices further. As a result, the
City wanted to re-examine gas prices before making a recommendation that was either
outdated or not adequately dealing with increased gas costs.
Your letter suggested increasing the rates as follows:
Currently Proposed
Meter Drop Fee $1.75 $2.00
1/8th of a mile charge $ .23 $ .25
Waiting Fee (per minute) $ .23 $ .25
The last rate increase that the Council approved (excluding the $.25 gasoline surcharge that the
Council approved in December) was in January 2003 and raised both the per mileage fee from
$.20 per 1/8th of a mile to $.23, and the per minute waiting fee from $.20 per minute to $.23 per
minute. In the study that supported the gasoline surcharge, taxi drivers from each company
were asked how much gas they use in a day and how many passengers they pick up:
City of VirgirZia Beach
Op OUR NAi\ON
DEPARTMENT OF MANAGEMENT SERVICES
(757)427.8234
FAX (757) 563-1857
TDD (757) 427-4305
September 9, 2005
Ricky Nickerson
American Taxi
4613 Fern Oak Court
Virginia Beach VA 23462
Subject: Taxi Rate Increase Request
Dear Mr. Nickerson:
VBgov. com
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9012
This is in response to your letter dated July 17`n
regarding a request for a taxi rate increase. 2005, received by our office on August 17tn
In your letter you have identified both rising
insurance and gasoline prices as reasons behind a rate increase. We also received a separate
letter from Ms. Cheryl Dozier from Beach Taxi who supported raising the meter drop and waiting
fees. I would like to explain that the City was in the process of reviewing taxi rates and had a
recommendation prepared before Hurricane Katrina effected gas prices further. As a result, the
City wanted to re-examine gas prices before making a recommendation that was either
outdated or not adequately dealing with increased gas costs.
Your letter suggested increasing the rates as follows:
Meter Drop Fee Currently Proposed
1/8`n of a mile charge $1.75 $2.00
WaitingFee $ .23 $ .25
(per minute) $ .23 $ .25
The last rate increase that the Council approved (excluding the $.25 gasoline surcharge that the
Council approved in December) was in January 2003 and raised both the per mileage fee from
$.20 per 1/8 1hof a mile to $.23, and the per minute waiting fee from $.20 per minute to $.23 per
minute. In the study that supported the gasoline surcharge, taxi drivers from each company
were asked how much gas they use in a day and how many passengers they pick up:
City of VirgirZia Beach
2
TOUR NAj1ONs 0�6
DEPARTMENT OF MANAGEMENT SERVICES
(757)427-8234
FAX (757) 563-1857
TDD (757) 427-4305
September 9, 2005
Cheryl Dozier
Beach Taxi
184 South Plaza Trail
Virginia Beach VA 23452
Subject: Taxi Rate Increase Request
Dear Ms. Dozier:
VBgov.com
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9012
This is in response to your letter dated July 17th 2005, received by our office on August 17th
regarding a request for a taxi rate increase. In your letter you have identified both rising
insurance and gasoline prices as reasons behind a rate increase. We also received a separate
letter from Ms. Cheryl Dozier from Beach Taxi who supported raising the meter drop and waiting
fees. I would like to explain that the City was in the process of reviewing taxi rates and had a
recommendation prepared before Hurricane Katrina effected gas prices further. As a result, the
City wanted to re-examine gas prices before making a recommendation that was either
outdated or not adequately dealing with increased gas costs.
Your letter suggested increasing the rates as follows:
Currently Proposed
Meter Drop Fee $1.75 $2.00
1/8th of a mile charge $ .23 $ .25
Waiting Fee (per minute) $ .23 $ .25
The last rate increase that the Council approved (excluding the $.25 gasoline surcharge that the
Council approved in December) was in January 2003 and raised both the per mileage fee from
$.20 per 1/8th of a mile to $.23, and the per minute waiting fee from $.20 per minute to $.23 per
minute. In the study that supported the gasoline surcharge, taxi drivers from each company
were asked how much gas they use in a day and how many passengers they pick up:
City of Virirzia Bach
�. -
7
q9� env
s
S Op OUR NA'"ON
DEPARTMENT OF MANAGEMENT SERVICES
(757) 427.8234
FAX (757)563-1857
TDD (757) 427-4305
September 9, 2005
Atlantic Coast Cab Company
3407 Norfeld Court
Virginia Beach VA 23453
Subject: Taxi Rate Increase Request
To Whom It May Concern:
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9012
This is in response to your letter dated July 17th 2005, received by our office on August 171n
regarding a request for a taxi rate increase. In your letter you have identified both rising
insurance and gasoline prices as reasons behind a rate increase. We also received a separate
letter from Ms. Cheryl Dozier from Beach Taxi who supported raising the meter drop and waiting
fees. I would like to explain that the City was in the process of reviewing taxi rates and had a
recommendation prepared before Hurricane Katrina effected gas prices further. As a result, the
City wanted to re-examine gas prices before making a recommendation that was either
outdated or not adequately dealing with increased gas costs.
Your letter suggested increasing the rates as follows:
Currently Proposed
Meter Drop Fee $1.75 $2.00
1/8 th of a mile charge $ .23 $ .25
Waiting Fee (per minute) $ .23 $ .25
T he last rate increase that the Council approved (excluding the $.25 gasoline surcharge that the
Council approved in December) was in January 2003 and raised both the per mileage fee from
$.20 per 1/8th of a mile to $.23, and the per minute waiting fee from $.20 per minute to $.23 per
minute. In the study that supported the gasoline surcharge, taxi drivers from each company
were asked how much gas they use in a day and how many passengers they pick up:
City of VirgirZia Beach
"r
< - 2
S
Or OUR NAS10N
DEPARTMENT OF MANAGEMENT SERVICES
(757)427-8234
FAX (757)563-1857
TDD (757) 427-4305
September 9, 2005
Diamond Dise
Diamond Taxi
5760 Gretna Road
Virginia Beach VA 23455
Subject: Taxi Rate Increase Request
Dear Ms. Dise:
VBgov. com
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9012
This is in response to your letter dated July 17th 2005, received by our office on August 17th
regarding a request for a taxi rate increase. In your letter you have identified both rising
insurance and gasoline prices as reasons behind a rate increase. We also received a separate
letter from Ms. Cheryl Dozier from Beach Taxi who supported raising the meter drop and waiting
fees. I would like to explain that the City was in the process of reviewing taxi rates and had a
recommendation prepared before Hurricane Katrina effected gas prices further.- As a result, the
City wanted to re-examine gas prices before making a recommendation that was either
outdated or not adequately dealing with increased gas costs.
Your letter suggested increasing the rates as follows:
Currently Proposed
Meter Drop Fee $1.75 $2.00
1/8th of a mile charge $ .23 $ .25
Waiting Fee (per minute) $ .23 $ .25
The last rate increase that the Council approved (excluding the $.25 gasoline surcharge that the
Council approved in December) was in January 2003 and raised both the per mileage fee from
$.20 per 1/8th of a mile to $.23, and the per minute waiting fee from $.20 per minute to $.23 per
minute. In the study that supported the gasoline surcharge, taxi drivers from each company
were asked how much gas they use in a day and how many passengers they pick up:
Yellow Cab of Virginia Beach Inc.
1122 Priddy Ln
P.O. Box 5340
Virginia Beach, VA, 23455
(757) 460-0605
7/17/2005
Virginia Beach City Council Members
2401 Courthouse i?rive
Bldg. Al Room 281
Virginia Beach Virginia, 23456
Re: Request for taxi fare rate increase.
Dear City Council Members,
Per your letter dated June 28, 2005 we are agreeing with Mr. Dozier of A-1
Cab Company.. The gasoline cost -has not only risen -by more than 40-50
percent, they are projected to increase still. Also the Cities of Norfolk and
Williamsburg have either asked for or received an increase in their meter
rates. Our insurance cost in light of the increase in gasoline prices are also
increasing by as much as 30%. Our driver's salary is defiantly affected. We
are requesting a slight relief by an increase to the following:
$2.00 on meter drop.
$.25 every 1/8 mile.
$.25 per min. waiting time.
We do not anticipate a drastic effect on our customer base; in fact by and
large this will not affect the average customer at all because the meter is
only increasing on the 1/8 mile and not on the drop. The average taxi fare in
the Virginia Beach area is around 7-9 dollars. This increase will slightly
offset our operating cost per driver.
Thank you for your efforts,
el1 (�' n Virrnni Be
�v vl ..abf r I]_orl,"lua A v
Beach Taxi
-1 Taxi Company
:lantic Coast Taxi Company
ldy's Taxi Group
�® Diamond Taxi
. IA eEgrt
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Approving the Terms and Conditions of a Utility Service
Agreement Between the City of Virginia Beach, the City of Norfolk, and
Stephen Alexander Homes, Inc. for Provision of Water Services to Pleasant
Grove, Located in the Cities of Virginia Beach and Norfolk, and Authorizing
the Execution of the Agreement
MEETING DATE: October 4, 2005
Background: Stephen Alexander Homes, Inc., a Virginia corporation, proposes to develop nine single-
family residential units in the City of Norfolk ("Norfolk") on a strip of land that is located between 1-64 and
the south end of Newtown Road. Norfolk does not have water lines near the property, and the developer
would like to connect the development to a City of Virginia Beach ("Virginia Beach") distribution line in
Newtown Road.
The project has been approved by Norfolk and has been reviewed and approved by Virginia Beach staff.
A Utility Service Agreement is necessary so that Virginia Beach will have the authority to provide water
service to the development, collect all fees and charges, and enforce Virginia Beach's water supply
ordinances, regulations and policies.
Considerations: In exchange for providing water service to the development, Virginia Beach will be
entitled to collect from the residents the normal and standard Virginia Beach water fees.
A number of Virginia Beach residents who live on the east side of Newtown Road are opposed to the
development, citing limited infrastructure (water, traffic, drainage, etc). Public Utilities has been able to
corroborate only one concern: the development might increase the incidence of side street parking. To
address this concern, the proposed homes will have two -car garages and double -wide driveways, Norfolk
has posted the west side of the street as a no parking area, and the developer will make significant
improvements to Newtown Road, including widening of the pavement. The proposed lots are compatible
with lot sizes on the Virginia Beach side of the road. The listing price of the new homes is expected to be
about $350,000. This is substantially greater than the assessments of the existing homes. Although rare,
these situations occur along common boundaries, and Norfolk, Chesapeake and Virginia Beach have
always cooperated with each other to provide water and/or sewer services to properties that need such
services.
Public Information: Public Information will be provided through the normal process of advertising the
City Council agenda. Additionally, a Virginia Beach homeowner who has taken a lead in opposing the
project has been individually notified.
Alternatives: If the City does not approve the Utility Service Agreement, the developer may abandon the
project, construct the project using private wells, attempt to extend the Norfolk water system to the
property, or seek Norfolk's approval for a different land use that would more readily support the cost of
private wells.
Recommendation: Adoption of Utility Service Agreement.
Attachments: Utility Service Agreement
Summary of Terms
Ordinance
Recommended Action: Approval
Submitting Department/Agency: Public Utilities
City ManageqQ r �L,
1 AN ORDINANCE APPROVING THE TERMS AND
2 CONDITIONS OF A UTILITY SERVICE
3 AGREEMENT BETWEEN THE CITY OF VIRGINIA
4 BEACH, THE CITY OF NORFOLK, AND STEPHEN
5 ALEXANDER HOMES, INC. FOR PROVISION OF
6 WATER SERVICES TO PLEASANT GROVE,
7 LOCATED IN THE CITIES OF VIRGINIA BEACH
8 AND NORFOLK, AND AUTHORIZING THE
9 EXECUTION OF THE AGREEMENT
10
11 WHEREAS, Stephen Alexander Homes, Inc., a corporation in
12 the Commonwealth of Virginia, owns and plans to develop a
13 residential development known as Pleasant Grove ("Development"),
14 which lies along the boundary between the City of Virginia Beach
15 ("Virginia Beach") and the City of Norfolk ("Norfolk"); and
16 WHEREAS, pursuant to requirements for subdivision approval
17 in Norfolk, Stephen Alexander Homes, Inc. will install, at its
18 expense, public improvements, including drainage, water lines, a
19 pump station, and sewer force main within the Development and
20 offsite; and
21 WHEREAS, Norfolk desires for the lots located within its
22
boundaries to
be served by municipal sewer
and water service but
23
does not have
the facilities available to
provide water service
24 to them; and
25 WHEREAS, Virginia Beach and Norfolk desire for the
26 Development to be developed as originally planned, utilizing
27 public improvements previously installed; and
28 WHEREAS, Virginia Beach desires to cooperate with Norfolk
29 in furnishing water services to the lots located in Norfolk; and
30 WHEREAS, Virginia Beach, Norfolk, and Stephen Alexander
31 Homes, Inc. propose to enter into a Utility Service Agreement
32 for the provision of water service by Virginia Beach to the
33 Development ("Agreement"
34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
35 OF VIRGINIA BEACH, VIRGINIA:
36
37 The terms and conditions of the Utility Service Agreement
38
between Virginia Beach,
Norfolk, and
Stephen Alexander Homes,
39
Inc. for provision of
water service
to the Pleasant Grove
40
subdivision, located in
the cities
of Virginia Beach and
41 Norfolk, are hereby approved. The City Manager is hereby
42 authorized to execute the Agreement and to do all things
43 necessary for its implementation. A summary of the material
44 terms of the Agreement is attached hereto and a true copy of the
45 Agreement is on file with the City Clerk
47 Adopted by the Council of the City of Virginia Beach,
48 Virginia on the day of , 2005.
Approved as to Content:
Department of Public
Utilities
CA9686
September 20, 2005
R-2
Approved as to Legal Sufficiency:
City Attorney
2
Utility Service Agreement Between
the City of Virginia Beach ("Virginia Beach")
and
the City of Norfolk ("Norfolk")
and
Stephen Alexander Homes, Inc.
SUMMARY OF TERMS
Purpose: To memorialize the responsibilities and obligations of Virginia Beach, Norfolk, and Stephen
Alexander Homes, Inc. as they relate to the provision of water service to the Pleasant Grove
residential development ("Development"), located on the boundary of Virginia Beach and
Norfolk.
Premises: Pleasant Grove residential development
Term: Not defined
All parties acknowledge that, except as provided in this Agreement, Virginia Beach is under no legal
obligation to serve the Development or any other area located outside of Virginia Beach's boundaries.
Responsibilities of Virginia Beach:
• Provide water service in the area of the Development located within the municipal boundaries of
Norfolk, generally described as an approximate 4.6 acre portion of the Development, as show in
"Exhibit A" in the map attached hereto.
• In exchange for providing water service to the residents of the Development, Virginia Beach shall be
entitled to collect from the residents the normal and standard Virginia Beach water fees.
• Expedite, to the extent possible, the permit application process in the event that Norfolk needs to
obtain a permit from Virginia Beach for the performance of any activity related to the operation of the
water facilities.
Responsibilities of Norfolk:
• Provide all municipal services to the portion of the Development located in Norfolk, except for water
service.
• Shall have access within Virginia Beach's streets, easements, and rights -of -way, as needed, for
maintenance of the Development's sewage collection and pumping facilities.
• Return any easement or right-of-way to its original condition after any maintenance or improvement
is completed.
Responsibilities of Stephen Alexander Homes, Inc.:
• Install, at its own expense, public improvements, including drainage, water lines, a pump station, and
sewer force main within the Development and offsite.
• Complete design and installation of necessary sewage collection, pumping facilities, and portable
water distribution facilities within the Development needed to serve the lots located in Norfolk.
• Obtain compliance with all applicable ordinances pertaining to the development of the subject
property in the particular city where each portion is located.
• Design and install, through its agent, sewage collection and pumping facilities for the Development in
accordance with the standards and specification of the Norfolk Department of Utilities.
PLEASANT GROVE
Utility Service Agreement
This Agreement made this 4tj, day of M, 2005, by and among the
CITY OF VIRGINIA BEACH, a municipal corporation of the State of Virginia, hereinafter
referred to as "Virginia Beach" and the CITY OF NORFOLK, VIRGINIA, a municipal
corporation of the State of Virginia, hereinafter referred to as "Norfolk" and STEPHEN
ALEXANDER HOMES, with its address at 820 Greenbrier Circle, Suite 3, Chesapeake,
Virginia 23320, a corporation in the State of Virginia, or its assigns, hereinafter referred to as
"Stephen Alexander Homes."
WITNESSETH:
WHEREAS, Stephen Alexander Homes owns and plans to develop a residential
development known as Pleasant Grove (hereinafter referred to as "Development"), which lies
along the boundary between Virginia Beach and Norfolk; and
WHEREAS, pursuant to requirements for subdivision approval by Norfolk,
Stephen Alexander Homes will install, at its expense public improvements including drainage,
water lines, a pump station and sewer force main within the Development and offsite, such
facilities being so sized as to meet the needs of the said Development; and
WHEREAS, Norfolk and Virginia Beach desire for the Development to be
developed as originally planned, utilizing public improvements previously installed; and
WHEREAS, Norfolk desires for the lots located within its boundaries to be served
by municipal sewer and water service but does not have facilities available to provide water
service to them; and
WHEREAS, Stephen Alexander Homes intends to complete design and
installation of the necessary sewage collection, pumping facilities and potable water distribution
facilities within the Development needed to serve the lots located in Norfolk and dedicate the
same to Norfolk; and
WHEREAS, Virginia Beach desires to cooperate with Norfolk in furnishing these
services to those lots located in Norfolk.
NOW, THEREFORE, this Agreement witnesseth:
That for and in consideration of the premises and mutual agreements herein
contained, Virginia Beach, Norfolk and Stephen Alexander Homes do hereby agree as follows:
1. The water service to be provided by Virginia Beach in Norfolk pursuant to
this Agreements is limited to that area of the Development located within municipal boundaries
of Norfolk, generally described as an approximate 4.6 acre portion of Pleasant Grove, as
generally located on the attached locality map, entitled "Exhibit A." It is specifically agreed that
this Agreement relates to provision of water service only and that all other municipal services
will be provided to the subject area by Norfolk.
2. Stephen Alexander Homes and Norfolk acknowledge that Virginia Beach
is under no legal obligation to service this or any other area located outside its boundaries except
under the terms hereof. Stephen Alexander Homes shall be responsible for obtaining compliance
with all applicable ordinances pertaining to the development of the subject property in the
particular city where each portions is located.
3. Stephen Alexander Homes shall design and cause to be installed, through
its agent, the specific sewage collection and pumping facilities for the referenced areas in
M
accordance with the standards and specifications of the Norfolk Department of Utilities and
further agrees to dedicate said facilities and necessary easements upon completion to Norfolk.
4. Virginia Beach and Norfolk agree that upon approval and acceptance of
the sewage collection and pumping facilities by Norfolk, such facilities shall become part of the
Norfolk Utility System and Virginia Beach shall have the right to provide water service to the
subject area in Norfolk. Norfolk further agrees that the provisions of the Code of the City of
Virginia Beach governing such services and the fees relating thereto shall be in full force and
effect in that portion of Norfolk where service is so provided.
5. Norfolk shall have perpetual access within Virginia Beach's streets,
easements and rights -of -way as necessary for maintenance of the specified Pleasant Grove
sewage collection and pumping facilities. Norfolk will return such easements and rights -of -way
to their original condition after any maintenance or improvements. In any case where it may be
necessary for Norfolk to obtain a permit from Virginia Beach for the performance of any activity
related to the operation of the said water facilities, Virginia Beach agrees to expedite to the
greatest extent possible the permit application process and agrees to apply the same criteria
thereto as if the applicant were the Virginia Beach Department of Public Utilities.
6. Virginia Beach agrees that, upon installation of taps and meters, it will sell
water to the residents of the Development and that in return for these services may collect from
the residents the normal and standard Virginia Beach water fees, provided, however, that any
agreement to provide water service is specifically contingent upon the continued consent of the
City of Norfolk, pursuant to the 1993 Water Services Contract between Norfolk and Virginia
Beach, as amended.
3
IT WITNESS WHEREOF Virginia Beach has caused this Agreement to be signed
in its name and on its behalf by James K. Spore, city Manager, and its corporate seal to be hereto
affixed and attested by its City Clerk, pursuant to Ordinance adopted by its Council on
day of , 2005; and Norfolk has caused this Agreement to be signed on its behalf by
Regina V.K. Williams, City Manager, and its corporate seal to be affixed and attested by its City
Clerk, pursuant to Ordinance adopted by its City Council on the Irk day of Mom, ,
2005; and Stephen Alexander Homes has caused this Agreement to be signed in its name and on
its behalf by aleyc Q'ick , President and the corporate seal to be hereto
affixed and attested by its Secretary on the I I day of l'' , 2005.
ATTEST:
City Clerk
ATTEST:
Contents Approved:
,.
Utilities
Form & Correctness A
9.2
Mary L. G. N
CITY OF VIRGINIA BEACH
James K. Spore, City Manager
CITY O OLK
By.
g a V.K. Williams, City Manager
Approved as tq Contents:
r
11
ATTEST:
Secretary
State of Virginia
City of Virginia Beach, to -wit:
I,
STEPHEN ALEXANDER HOMES
By: ,�
, � W4--
a Notary Public in and for the City and State
aforesaid, do hereby certify that James K. Spore, City Manager and ,
City Clerk, for the City of Virginia Beach, whose names as such are signed to the foregoing
Agreement, have acknowledged the same before me in my City and State aforesaid.
Given under my hand this day of
State of Virginia
City of Norfolk, to -wit:
2005.
Notary Public
My Commission expires:
I, y l—e-2-L-4- 7/k - Y� a Notary Public in and for the City and State
aforesaid, do hereby certify that Regina V.K. Williams, City Manager and
City Clerk, for the City of Norfolk, whose names as such are signed
5
to the foregoing Agreement, have acknowledged the same before me in my City and State
aforesaid.
Given under my hand this s�day of , 2005.
yy .
Notary Public
My Commission expires:_ G
State of Virginia
City of Norfolk, to -wit:
I,_ _ -- zr -- , a Notary Public in and for the City and State
aforesaid, do hereby certify that (:: , , President and
S ki B. Q,,�ck 7Q , Secretary for Stephen Alexander Homes, whose names as such are
signed to the foregoing Agreement, have acknowledged the same before me in my City and State
aforesaid.
Given under my hand this l �` day of v'�.��;� )2005.
Notary Public
My Commission expires: 2 -- z�- - 0"1
0
Yld f L l
L U U J O- I JrIYI
IV U• JOL I r, &IBIT A
*)l
e��Hu nEt'c'
'�srt%`►" yh�r
0),
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Authorizing the City Manager to Enter into a Contract
on Behalf of the City with BCF to Administer the City's Advertising
and Public Relations Accounts
MEETING DATE: October 4, 2005
■ Background: The contract for advertising and public relations services for
the Convention & Visitors Bureau and the Department of Museums and
Cultural Arts which exists with BCF (formerly known as Barker Campbell &
Farley) expires on December 31, 2005. Since there were no remaining
options for additional renewals of the existing contract, it was necessary to
solicit for advertising and public relations services through a competitive bid
process using a Request for Proposal ("RFP").
On May 03, 2005, City Council Adopted an ordinance creating an Advertising
Agency Selection Committee (the "Committee"), consisting of the below listed
members, for the purpose of reviewing and approving the RFP prepared by
staff with input from the committee, and selecting and recommending to City
Council an agency to provide advertising and public relations services to the
City.
• Ken Taylor, Virginia Beach Hotel & Motel Association, Chair of
Selection Committee
• Mike Standing, Virginia Beach Restaurant Association
• Ted Logue, Virginia Beach Resort Retailers Association
• William Almon, Resort Advisory Commission
• Robert Fort, Virginia Aquarium Foundation Marketing Committee
• James Ricketts, Convention & Visitors Bureau
• Patricia Peters, Virginia Aquarium and Marine Science Center
The Committee met on June 14, 2005 to review the proposed RFP and
provide input on the staff recommended document. The RFP was issued on
June 21, 2005. A pre -proposal conference was conducted on July 7, 2005,
for the purposes of clarifying the solicitation and answering questions of
prospective offerors.
Proposals were received until 3:00 PM, July 26, 2005. The following firms
(listed alphabetically) submitted proposals:
1. BCF
2.
Bohan
3.
Communication Arts
4.
Creative Light/HCD
5.
Davis & Company
6.
Meridian Group
7.
Otto
Based on the evaluation factors stated in the RFP, an evaluation matrix was
developed to assist in the evaluation and ranking of the proposals. The
design of the matrix allowed a maximum number of 100 points to be assigned
to any one proposal. The Committee members individually read, evaluated,
and scored the proposals. They then submitted their scores to the Purchasing
Division. From this data, the Purchasing Division calculated a mean score for
each firm. Based on the mean score, the firms were ranked. Points for price
were assigned by a mathematical formula.
On August 24, 2005, the Committee met and discussed, evaluated, and
ranked the proposals. The Purchasing Division shared the rankings based on
the individual evaluations with the Committee. The Committee agreed that
the rankings were an accurate representation of their evaluations.
The process resulted in the firms being scored and ranked as follows:
Rank
Offeror
Points
1 st
BCF
89.66
2nd
Bohan
85.64
3rd
Meridian
81.60
4th
Otto
81.36
5th
Creative Light/HCD
78.59
6th
Davis & Company
75.27
7th
Communications Arts
69.43
Based on the findings, the committee decided to shortlist to the top four
ranked Offerors.
On September 23, 2005, the Committee entered into the negotiation phase of
the RFP process. During this phase, the short listed firms were given the
opportunity to present creative presentations, respond to questions, and
enhance/modify their proposals.
After this phase, the Committee met and discussed the strengths and
weakness associated with each proposal submitted by the short listed firms.
After all the committee members expressed their individual evaluation of each
short listed firm, the Committee unanimously agreed that BCF submitted the
best proposal.
Several factors identified in the BCF proposal supported this determination:
1. Experience:
The firm had direct experience in providing these services to the City. The
firm is the present provider of these services and has been for the past
fifteen years.
2. Capability and Skill:
The firm has the necessary organization structure and personnel to handle
the account. The firm has the demonstrated ability to provide high quality
services to handle the complexities of the account, to generate award
winning creative marketing, and meeting the marketing objectives of the
City.
3. Scope of Services:
The firm offered a comprehensive advertising, public relations, and
marketing plan that addressed all major elements of the City's marketing
goals and objectives. The firm proposed more vertical development
(niche/customer relationship marketing) of the City's marketing brand "Live
the Life" and demonstrated a "Nothing We Won't Do" approach towards
the performance of the services.
4. Price:
The firm offered very competitive fees for their services: 10% commission
rate on commissionable and non-commissionable media. (The industry
standard is 15%).
■ Considerations: All operational, legal, and budgetary considerations have been
reviewed and discussed with the appropriate City departments to ensure
compliance with State and City codes.
■ Public Information: Notice of solicitation was provided in the following manner:
• Notice of the solicitation was publicly posted on the Purchasing Division's Bid
Board located in the Kempsville Building, 2388 Court Plaza Drive, Virginia
Beach, VA
• Notice of the solicitation was advertised in the Virginian Pilot
• The solicitation was mailed to the Virginia Minority Supplier Development
Council for distribution to their members
• Notice of the solicitation was listed on Cox Cable channel 47
• The solicitation was posted on the City's web site
• The solicitation was distributed to interested parties via the City's third party
Bid Alert provider, DemandStar.com
■ Alternatives: Award the contract to a bidder other than BCF.
■ Recommendations: The Committee recommends that City Council award the
contract for advertising and public relations to BCF beginning January 1, 2006,
for a period of three years with the option for two one-year extensions.
■ Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Convention & Visitors Bureaus ,- �--
City Manager:
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO ENTER INTO A CONTRACT ON
3 BEHALF OF THE CITY WITH BCF TO ADMINSTER
4 THE CITY'S ADVERTISING AND PUBLIC
5 RELATIONS ACCOUNTS
6 WHEREAS, THE City's existing contract for administration of
7 its advertising and public relations accounts, and all renewals
8 thereof, expires on December 31, 2005;
9 WHEREAS, by ordinance adopted May 3, 2005, City Council
10 established the Virginia Beach Advertising Agency Selection
11 Committee for the purpose of selecting the agency that is the
12 most qualified to administer such accounts beginning January 1,
13 2006;
14
WHEREAS,
with guidance and input from
the
Committee,
the
15
City issued a
Request for Proposals (RFP) on
June
21, 2005,
for
16
the selection
of an
agency to administer such accounts;
17
WHEREAS
seven
(7) agencies submitted proposals in response
18 to the RFP;
19
WHEREAS, the Committee
evaluated and ranked the
proposals,
20
and chose four (4) agencies
for further consideration
based upon
21
a determination that the
four agencies chosen were
the most
22 qualified to perform the services outlined in the RFP in a
23
manner most consistent with, and favorable to, the
City's
needs;
24
WHEREAS, the four top -ranked agencies
made
creative
25
presentations to
the
Committee in
an
effort
to further
26
demonstrate their
ability
to administer
the
accounts;
and
27 WHEREAS, based upon the written proposals and the
28 presentations, the Committee determined that the BCF agency
29 provided the best proposal and, therefore, is the most qualified
30 agency to provide services outlined in the RFP at a level most
31 consistent with, and favorable to the City's specific needs.
32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
33 OF VIRGINIA BEACH, VIRGINIA:
34 That the City Manager is hereby authorized to enter into a
35 contract, on behalf of the City, with BCF to administer the
36 City's advertising and public relations accounts.
37 Adopted by the Council of the City of Virginia Beach,
38 Virginia on the day of , 2005.
Approved as to Content
ice-
Convention and Visitors Bureau
CA9769
H:\PA\GG\OrdRes\Ad Agency ORD
R-1
September 29, 2005
Approved as to Legal
Sufficiency
City Attorney s Office
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Adopting the City's 2006 Community Legislative Agenda and
Requesting Members of the City's Local Delegation to the General Assembly
Sponsor and/or Support Legislation that would Carry Out the Goals and
Objectives Set Forth Therein.
MEETING DATE: October 4, 2005
■ Background: City Council has a tradition of presenting a Community
Legislative Agenda to the General Assembly each year. This Agenda provides the
Virginia Beach Delegation with concerns of the City Council on funding, legislation,
public safety, and other issues that may be brought before the General Assembly.
■ Considerations: This Agenda was prepared based on input from
Councilmembers, Department Directors, community leaders, and representatives from
various citizen groups.
■ Public Information: Councilmembers Wilson and Villanueva, with the help from
staff, held two informal public meetings in August 2005 with community leaders and
representatives of various citizen groups to obtain items for inclusion in the 2006
Community Legislative Agenda. An opportunity for public comment was held on
Tuesday, September 27, 2005 in Council Chambers.
■ Alternatives: Do not adopt the 2006 Community Legislative Agenda.
■ Recommendations: It is recommended that City Council approve the attached
resolution that adopts the 2006 Community Legislative Agenda and requests the City's
local Delegation to the General Assembly sponsor and/or support legislation that would
carry out the goals and objectives set forth.
■ Attachments: (1) Resolution
(2) 2006 Community Legislative Agenda
Recommended Action: Approval
Submitting Department/Age cy: City Manager's Office
City Manager:-
I A RESOLUTION ADOPTING THE CITY'S 2006
2 COMMUNITY LEGISLATIVE AGENDA AND
3 REQUESTING THAT MEMBERS OF THE CITY'S
4 LOCAL DELEGATION TO THE GENERAL
5 ASSEMBLY SPONSOR AND/OR SUPPORT
6 LEGISLATION THAT WOULD CARRY OUT THE
7 GOALS AND OBJECTIVES SET FORTH THEREIN
8 WHEREAS, the City Council traditionally adopts a Community Legislative Agenda and
9 requests member of the City's local Delegation to the General Assembly sponsor and/or support
10 legislation therein; and
11 WHEREAS, the City Council has considered a number of goals and objectives for
12 inclusion in the city's 2006 Community Legislative Agenda; and
13 WHEREAS, as in past years, a Safety Addendum Package, not part of the formal
14 Agenda, is included for consideration by the General Assembly;
15 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
16 VIRGINIA BEACH, VIRGINIA:
17 That the City Council hereby adopts the City's 2006 Community Legislative Agenda,
18 which is attached hereto as Exhibit A and is hereby incorporated by reference.
19 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
20 BEACH, VIRGINIA:
21 That the City's Delegation to the General Assembly is hereby requested to sponsor and/or
22 support legislation in the 2006 Session of the General Assembly that would carry out the goals
23 and objectives of the City as set forth in its Community Legislative Agenda.
24 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
25 BEACH, VIRGINIA:
26 That the City Clerk is hereby directed to transmit a copy of this resolution to each
27 member of the City's local Delegation to the General Assembly.
28 Adopted by the City Council of the City of Virginia Beach, Virginia, this day of
29 72005.
APPROVED TO CONTENT:
CA9767
H/P&A/GG/ordres/CLA Resolution
September 28, 2005
R-1
APPROVED AS TO LEGAL
SUFFICIENCY:
iFo7�
City Attorney's Office
COMMUNITY LEGISLATIVE AGENDA
0 GENERAL ASSEMBLY SESSION 2006
m
CITY OF VIRGIN -TA BEACH
24oi COURTHOUSE DRIVE, SUITE 234
Virginia Beach, Virginia 23456
2006 COMMUNITY LEGISLATIVE AGENDA
CITY OF VIRGINIA BEACH
TABLE OF CONTENTS
me"
Draft 9/16/05
For City Council
2006 Community Legislative Agenda Page #
Table of Contents 2
Preface 4
Citv of Virginia Beach Non -Funding
New Enabling Legislation
1.
After School Licensure for "Come and Go" Exemption in Virginia Beach -
Placeholder
6
2.
Bifurcated Tax Rate
6
3.
Codification of Joint Land Use Study Recommendations and Other
Measures - Placeholder
7
4.
Deferral Portion of the Real Estate Tax
9
5.
Enforcement of Inoperable Motor Vehicles
10
6.
Local Capture of Sales Tax from Certain Redevelopment Projects
11
7.
Photo -Monitoring, Reenactment of Authorization
12
8.
Public Safety — Modifications to Wireless 911 Funding Formula
15
9.
Retirement Coverage for Emergency Medical Technicians
16
10.
Tax Relief for Senior Citizens — Constitutional Amendment
19
11.
Tidewater Community College/Virginia Beach Joint Use Library
19
is
Opposes
Change in Status Ono
1.
Post Labor Day Opening for Schools
20
2.
Pruning and Trimming of Trees Surrounding Billboards
21
3.
Public Library Director Requirements
23
4.
Public Safety — 911 Tax
23
5.
Public Safety — Enhanced 9-1-1 for Multi -line Telephone Systems
25
City of Virginia Beach Funding Items
City
Funding Requests
1.
Base Realignment and Closure Commission Requirement - Placeholder
27
2.
Contemporary Art Center of Virginia Beach
27
3.
Virginia Aquarium & Marine Science Center Animal Care Enhancements
28
4.
Virginia Beach Convention Center Funding
29
5.
Virginia Beach Performing Arts Center Capital Funding
30
State Funding Requests
1.
Army Corps of Engineers 216 Study of Kerr Reservoir
31
2.
"Authors of Liberty" Exhibition Support in 2007
32
3.
Community Services Board
33
4.
Elizabeth River Restoration: Sediment Cleanup and Wetlands Restoration
Funding
34
AA
•
is
2006_ Community Legislative Agenda Page #
5. Emergency Medical Services Return to Localities ("4 for Life") Funding
Resolution 35
6. Hydrilla Eradication and Management on Lake Gaston 36
7. Infopowering the Commonwealth: Find It Virginia 37
8. Internet Access and State Aid to Public Libraries 37
9. Matching Funds for Local Housing Trust Funds 38
10. State Aid to Virginia Public Libraries 39
11. Transportation Funding 39
Community Input
1.
Chesapeake Bay Preservation
42
2.
Clean Community Funding
42
3.
Community Corrections Funding Support
42
4.
Disaster Preparedness
43
5.
Eminent Domain
43
6.
Law Enforcement Funding for Appropriate Manning Levels of Personnel
43
7.
Preserving Naval Air Station Oceana
43
8.
Human Services
44
9.
Identity Theft
44
10.
Property Taxes
44
11.
Transportation
44
12.
VDOT Study on Telecommuting in Hampton Roads
45
3
•
2006 COMMUNITY LEGISLATIVE AGENDA
CITY OF VIRGINIA BEACH
PREFACE
The 2006 General Assembly Session will be the start of a new biennium for the
Commonwealth thus the need to establish program and budget priorities for the next two
years. Virginia Beach and other local governments believe that the General Assembly
has much to accomplish during this upcoming session with issues of taxing powers,
education, current fiscal year obligations regarding tax reimbursements to localities and
transportation.
Local governments are concerned as to what the General Assembly may decide to do
regarding limiting local government powers. The General Assembly will hear many calls
to limit assessment increases, property tax increases or rate increases. Virginia Beach
and most local governments are adamantly opposed to any such limitation. The City
Council of Virginia Beach, through the budget process for 2006, cut the real estate tax
rate by $.1725 on top of the rate cut of $.0236 accomplished during the 2005 budget
process. Assessments are increasing in Virginia Beach and City Council is doing the
right thing for citizens by lowering the rate. City Council does not need the assistance of
the General Assembly to set property tax rates, to allow homestead exemptions or to cap
assessment increases. City Council responds to its citizens and their concerns.
The gubernatorial candidates have discussed that the General Assembly should, in return
for capping assessments or establishing homestead exemptions, fully fund state services.
City Council has repeatedly requested for many years that the General Assembly fully
fund state services. For example, the amount of funding for the Standards of Quality
(SOQ) does not fund the Standards of Learning (SOL). Virginia Beach still provides over
$138.3 million of local funds for our education system above and beyond what is
required by the SOQ. Furthermore, the state has continually under -funded other state
services such as courts, social services, public safety and mental health. The state should
fully fund these services before it begins limiting localities' ability to provide the funding
necessary to keep these services in operation.
The General Assembly should address the under -funding of the Car Tax Relief Program.
When the car tax was capped during the 2004 General Assembly Session, there was
approximately $270 million of under -funding of car tax reimbursement to localities. This
means localities that send billings to citizens during the Spring, such as Virginia Beach,
are not reimbursed from the fiscal year the citizens are receiving the property tax relief,
but are being reimbursed the following fiscal year. This is an ongoing obligation of the
Commonwealth and the state should refund localities for current fiscal year obligations
with current fiscal year resources.
M
The General Assembly has not addressed the transportation issues that have been in City
Council's Community Legislative Agenda for many years. Funding for transportation in
the amount of $850 million was provided on a one-time basis during the 2005 General
Assembly Session. Much of this funding was appropriated to previously completed
projects. City Council is against using on -going streams of revenue from the general
fund for transportation. The general fund revenues should be spent on courts, social
services, public safety and mental health — all the public services that are vital to each and
every citizen. The General Assembly needs to establish increased streams of revenue for
transportation so that the timely movement of goods and services can be addressed. The
security of our economy and the welfare of Virginia citizens are paramount. The General
Assembly has let our economy and welfare fall behind everyday because transportation
has not been seriously addressed. Virginia Beach lost approximately 300,000 overnight
visitors because of the bottlenecks experienced on I-64, I-264 and other Hampton Roads
crossings. The General Assembly should fund those programs or allow local
governments and regions to generate the money for local use. There are additional
details on the transportation funding necessary to correct the Commonwealth's shortfall
in the "City of Virginia Beach 2006 Funding Items" section of this Agenda.
5
CITY OF VIRGINIA BEACH
2006 NON -FUNDING ITEMS
New Enabling Legislation
1. After School Licensure for "Come and Go" Exemption in Virginia Beach
Cindy Curtis
Department Director
Parks & Recreation
Background Information:
The State Department of Social Services (DSS) has advised the city that it can no
longer operate its after -school programs at 64 locations under the "Come and Go"
exemption. A recent trial in Richmond District Court overturned a similar DSS
ruling but it only applies within that district. DSS representatives have publicly
stated their intent to change the Code of Virginia to disallow this exemption.
Discussions with Mayor Meyera E. Oberndorf and Senator Kenneth W. Stolle
have revealed that the city should be prepared to fight for a continuance of the
exemption or promulgate a change to the Code of Virginia to allow a special
exemption to all government after school programs.
Therefore, a placeholder has been requested to allow time to develop a response
to any move by DSS and to prepare code changes to the Code of Virginia.
Request.
The General Assembly is requested to... PLACEHOLDER...language is being
developed by city staff.
2. Bifurcated Tax Rate
City Council
City of Virginia Beach
Background Information:
Under current Virginia law, localities must tax business, commercial and
residential property under the same rate structure. Residential property if Virginia
Beach carries a disproportionate burden of the taxes paid; however, any relief on
the tax burden given through a rate reduction means the same rate reduction is
given to business and commercial property. In order to moderate tax assessments,
the City Council desires to have bifurcated rates for business/commercial and
residential.
0
Request:
The General Assembly is requested to adopt legislation allowing localities to have
a bifurcated rate, i.e. charge one rate for business/commercial and a separate rate
for residential properties. If a Constitutional Amendment is necessary to
effectuate this change, the General Assembly is requested to commence that
process during this Session.
3. Codification of Joint Land Use Study Recommendations and Other
Measures to Protect Naval Air Station Oceana - PLACEHOLDER
City Council
City of Virginia Beach
Background Information:
The City of Virginia Beach, as part of the Joint Land Use Study (JLUS),
embarked on an implementation plan to protect Naval Air Station Oceana
(NASO). During the Base Realignment and Closure (BRAG) process, Delegate
Terrie Suit proposed a number of items that would be introduced in the 2006
General Assembly Session to make permanent the City's and Commonwealth's
commitment to protect NASO. The City Council agreed to Delegate Suit's
proposals to codify a number of recommendations taken from the JLUS and to
propose programs that would further enhance the implementation of those
recommendations. They are as follows:
a. State -Mandated Zoning Controls -- Requires the cities of Chesapeake and
Virginia Beach to adopt zoning ordinances that require the governing body to
consider AICUZ guidelines in deciding discretionary development applications
(rezoning, conditional use permits) for property in Noise Zones 70 dB DNL or
greater.
b. Purchase of Development Rieht (PDRs) Housed Under the Aviation
Board -- Legislation would establish a State program for the purchase of property
rights on developed and undeveloped land in Accident Potential Zones in
Chesapeake and Virginia Beach. Property rights to be purchased may include
development rights or fee simple title. Purchases to be funded by state and
federal governments; in addition, each locality may provide funding for purchases
within its own jurisdiction. The Program would be administered by a State
commission members of which would be appointed by the Governor or General
Assembly. Property to be acquired would have by -right development potential
(i.e., no approvals needed by the governing body) for uses deemed incompatible
with AICUZ guidelines.
C. Codification of Joint Land Use Study (JLUS) -- Legislative Services
(General Assembly staff) to examine JLUS recommendations to determine
suitability for statutory enactments of other recommendations.
7
d. Evaluation of Undeveloped Properties -- Legislation would require cities
of Virginia Beach and Chesapeake to evaluate undeveloped property in Noise
Zones 70dB DNL and greater to determine the suitability of rezoning to different
zoning district classifications that would not allow uses incompatible with AICUZ
guidelines.
e. Interfacility Traffic Area -- Cities of Virginia Beach and Chesapeake to
develop programs for the purchase of development rights in NAS Oceana —
NALF Fentress flight path (Inter -facility Traffic Area). Purchases could include
fee simple title or lesser interests, so long as effect would be the elimination of
uses deemed incompatible with AICUZ guidelines.
f. Oceana/Fentress Military Advisory Council -- Enact legislation creating
the Oceana/Fentress Military Advisory council as a sub -unit of the Virginia
Military Advisory Council with staffing provided by the Virginia Office of the
Commonwealth Preparedness. Membership on the council would consist of two
members of the Chesapeake City Council, two members of the Virginia Beach
City Council, Virginia legislators whose districts encompass NAS Oceana and
NALF Fentress. Advisors would include Commander Navy Region Mid -Atlantic
or his representative, and Commanding Officer of NAS Oceana or his
representative.
Request:
The General Assembly is requested to enact legislation to implement the JLUS
between Virginia Beach, Chesapeake and the Navy and to codify the
implementation plan to guarantee the future of NASO as presented by Delegate
Suit and other members of our delegation.
The General Assembly is also requested to address the requirements placed on
Virginia Beach and Chesapeake by the BRAC Commission to maintain NASO.
Motion Number 1934A (at Chapter XI, Section 193 of the Bill) was presented
during the BRAC hearing dated August 24, 2005. It states:
"...that the Commission add to the list of installations to be closed or realigned
the recommendation:
-- `Realign Naval Air Station Oceana, Virginia by relocating the East
Coast Master Jet Base to Cecil Field, Florida,
-- if the Commonwealth of Virginia and the municipal governments of
Virginia Beach, Virginia and Chesapeake, Virginia fail to enact and
enforce legislation to prevent further encroachment of Naval Air Station
Oceana by the end of March 2006, to wit:
0
-- enact State -mandated zoning controls requiring the cities of
Virginia Beach and Chesapeake to adopt zoning ordinances that
is require the governing body to follow Air Installation Compatibility
Use Zone (AICUZ) guidelines in deciding discretionary
development applications for property in Noise Level 70 dB Day
night Average Noise Level DNL or greater;
-- enact state and local legislation and ordinances to establish a
program to condemn and purchase all the property located within
all the Accident Potential Zone One areas for Naval Air Station
Oceana as depicted for 1999 AICUZ Pamphlet published by the U.
S. Navy;
-- codify the 2005 Final Hampton Roads Joint Land Use Study
(JLUS) recommendations;
-- legislate requirements for the cities of Virginia Beach and
Chesapeake to evaluate undeveloped properties in Noise Zones
70dB DNL or greater for rezoning classifications that would not
allow uses incompatible under AICUZ guidelines;
-- establish programs for purchase of development rights of the
Inter -facility Traffic Area between NAS Oceana and NALF
Fentress; Enact legislation creating the Oceana/Fentress Advisory
Council.' ...."
4. Deferral of portion of real estate tax increases
Catheryn Whitesell
Department Director
Management Services
Background Information:
The City of Virginia Beach desires to eliminate the compounding component in
the Code of Virginia's "Deferral of portion of real estate tax increases" (58.1-
3219). This compounding component (58.1-3219.2) places a difficult burden on
tracking and administrating the program.
Request.
The General Assembly is requested to remove § 58.1-3219.2. Computation of
deferred amount.
§ 58.1-3219.1. Conditions of deferral; payment of deferred amounts.
The deferral program provided in this article shall allow the taxpayer the option
of deferring all or any portion of the real estate tax that exceeds 105 percent of
the real estate tax on such property owned by the taxpayer in the previous tax
year. The governing body may adopt a higher minimum percentage increase
figure.
E
The deferred amount shall be subject to interest computed at a rate established by
the governing body, not to exceed the rate established pursuant to § 6621 of the
Internal Revenue Code. The accumulated amount of taxes deferred and interest
shall be paid to the county, city, or town by the owner upon the sale or transfer of
the property, or from the estate of the decedent within one year after the death of
the owner. If the real estate is owned jointly and all such owners applied and
qualified for the deferral program established by ordinance, the death of one of
the joint owners shall not disqualify the survivor or survivors from participating
in the deferral program. All accumulated deferred taxes and interest shall be paid
within one year of the date of death of the last qualifying owner. The accumulated
amount of tax deferred and interest shall constitute a lien upon the real estate.
§ 58.1-3219.2. Computation of deferred amount.
The
d4e"ed
this
be eakulated-by
amount
of mal estate tax
under- arWele shaU
The base
tax-
for- eaek tax
nondefeFmble
Me
.„ amount
in the
of nendeftmwble
Mw
yeaf!
by sweh
shag equal
Feal estate tax fbwt
fug yeaF of owner
-ship
the
eument tax yea .
year- unW
0 5. Enforcement of Inoperable Motor Vehicles
Andy Friedman
Department Director
Housing & Neighborhood Preservation
Background Information:
Currently, the City is allowed to restrict the keeping of inoperable motor vehicles
under State Code § 15.2-904. However, State Code § 15.2-905 would expand the
City's enforcement of inoperable motor vehicles because its definition of
inoperable motor vehicle is broader than that contained in § 15.2-904. Therefore,
the City's inclusion in § 15.2-905 would enhance the ability of the City to restrict
the keeping of inoperable motor vehicle.
Request:
We request this code be amended as follows:
§15.2-905. Authority to restrict keeping of inoperable motor vehicles, etc., on
residential or commercial property; removal of such vehicles
A. The governing
bodies of the
Counties of Arlington,
Fairfax,
Henrico,
Loudoun and Prince
William; any
town located, wholly
or partly,
in such
10
counties; and the Cities of Alexandria, Fairfax, Falls Church, Hampton,
Lynchburg, Manassas, Manassas Park, Newport News, Petersburg, Portsmouth,
Roanoke,. and Suffolk and Virginia Beach may by ordinance prohibit any person
from keeping, except within a fully enclosed building or structure or otherwise
shielded or screened from view, on any property zoned or used for residential
purposes, or on any property zoned for commercial or agricultural purposes, any
motor vehicle, trailer or semitrailer, as such are defined in §46.2-100, which is
inoperable.
6. Local Capture of Sales Tax from Certain Redevelopment Projects
Andy Friedman
Department Director
Housing & Neighborhood Preservation
Background Information:
The General Assembly should allow localities and redevelopment authorities to
recapture local and state sales taxes for mixed -use (residential/retail) projects that
incorporate affordable housing. Specifically, the projects that
a. are mixed use and mixed income including retail and rental and/or
ownership including at least 20% of the dwelling units affordable to those earning
up to Area Median Income (AMI) as defined by HUD.
b. are financed b bonds with payments aid b the project income including
Y P Y P Y P J g
state and local sales tax revenues from new retail development within the project
area.
C. utilize the bond proceeds for the usual redevelopment costs including land
acquisition, demolition relocation and the re -construction of new infrastructure
and other site improvements.
The rationale for this proposal is that the use of sales tax revenues would
represent a commitment by both locality and state. It would not, however require
either to identify a new funding source. Absent the development, the sales tax
revenue is not likely to occur. Similar provisions exist in the Code of Virginia to
provide for the development of a baseball stadium (15.2-5800) and a conference
center (58.1-608.3).
Request.
The General Assembly is requested to amend the Code of Virginia to allow
localities and redevelopment authorities to recapture local and state sales taxes for
mixed -use (residential/retail) projects that incorporate affordable housing in
projects that meet the following criteria:
11
a. Are mixed use and mixed income including retail and rental and/or
ownership with at least 20% of the dwelling units affordable to those earning up
to Area Median Income (AMI) as defined by HUD.
b. Are financed by bonds with payments paid by the project income
including state and local sales tax revenues from new retail development within
the project area.
C. Utilize the bond proceeds for the usual redevelopment costs including land
acquisition, demolition relocation and the re -construction of new infrastructure
and other site improvements.
7. Photo -Monitoring, reenactment of authorization
Chief A. M. Jacocks
Chief of Police
Police Department
Background Information:
Authorization for photo ' monitoring of traffic signals expired on July 1, 2005.
While this program was extremely successful in reducing traffic accidents, and
supported by the majority of those voters in localities where this program was
established, authorization to extend the program was not forthcoming.
Request.
That § 46.2-833.01 of the Code of Virginia is amended and reenacted as follows:
A BILL to amend and reenact § 46.2-833.01 of the Code of Virginia, relating to
use of photo -monitoring systems to enforce traffic light signals in certain
localities.
§ 46.2-833.01. Use of photo -monitoring systems to enforce traffic light signals;
penalty.
A. The governing -body bodies of
200,000 but le s>
the cities suFmunded by sueh he counties of Arlington and Fairfax; the
cities of Alexandria, Fairfax, Falls Church, and Virginia Beach; and the Town
of Vienna may provide by ordinance for the establishment of a demenstm
traffic safety program imposing monetary liability on the operator of a motor
vehicle for failure to comply with traffic light signals in such locality in
accordance with the provisions of this section. Each such locality may install and
12
operate traffic light signal photo -monitoring systems at no more than Aveno five
25 intersections within each locality at any one time.
B. The operator of a vehicle shall be liable for a monetary penalty imposed
pursuant to this section if such vehicle is found, as evidenced by information
obtained from a traffic light signal violation monitoring system, to have failed to
comply with a traffic light signal within such locality.
C. Proof of a violation of this section shall be evidenced by information .
obtained from a traffic light signal violation monitoring system authorized
pursuant to this section. A certificate, sworn to or affirmed by a teehnieian law -
enforcement officer employed by a locality authorized to impose penalties
pursuant to this section, or a facsimile thereof, based upon inspection of
photographs, microphotographs, videotape, or other recorded images produced
by a traffic light signal violation monitoring system, shall be prima facie evidence
of the facts contained therein. Any photographs, microphotographs, videotape, or
other recorded images evidencing such a violation shall be available for
inspection in any proceeding to adjudicate the liability for such violation
pursuant to an ordinance adopted pursuant to this section.
D. In the prosecution of an offense established under this section, prima facie
evidence that the vehicle described in the summons issued pursuant to this section
was operated in violation of this section, together with proof that the defendant
was at the time of such violation the owner, lessee, or renter of the vehicle, shall
constitute in evidence a rebuttable presumption that such owner, lessee, or renter
of the vehicle was the person who committed the violation. Such presumption
shall be rebutted if the owner, lessee, or renter of the vehicle (i) files an affidavit
by regular mail with the clerk of the general district court that he or she was not
the operator of the vehicle at the time of the alleged violation or (ii) testifies in
open court under oath that he or she was not the operator of the vehicle at the
time of the alleged violation. Such presumption shall also be rebutted if a certified
copy of a police report, showing that the vehicle had been reported to the police
as stolen prior to the time of the alleged violation of this section, is presented,
prior to the return date established on the summons issued pursuant to this
section, to the court adjudicating the alleged violation.
E. For purposes of this section "owner" means the registered owner of such
vehicle on record with the Department of Motor Vehicles. For purposes of this
section, "traffic light signal violation -monitoring system" means a vehicle sensor
installed to work in conjunction with a traffic light that automatically produces
two or more photographs, two or more microphotographs, a videotape, or other
recorded images of each vehicle at the time it is used or operated in violation of
§§ 46.2-833, 46.2-835, or § 46.2-836. For each such vehicle, at least one
recorded image shall be of the vehicle before it has illegally entered the
intersection, and at least one recorded image shall be of the same vehicle after it
I* has illegally entered that intersection.
13
r�
F. Imposition of a penalty pursuant to this section shall not be deemed a
conviction as an operator and shall not be made part of the operating record of
the person upon whom such liability is imposed nor shall it be used for insurance
purposes in the provision of motor vehicle insurance coverage. No monetary
penalty imposed under this section shall exceedftfty deflaff $100 HOF shall -It
plus court costs, when applicable.
G. A summons for a violation of this section may be executed pursuant to §
19.2-76.2. Notwithstanding the provisions of § 19.2-76, a summons for a violation
of this section may be executed by mailing byfirst-class first-class mail a copy thereof to the
address of the owner, lessee, or renter of the vehicle as shown, in the case of
vehicle owners, in the records of the Department of Motor Vehicles or, in the case
of vehicle lessees or renters, in the records of the lessor or rentor. Every such
mailing shall include, in addition to the summons, a notice of (i) the summoned
person's ability to rebut the presumption that he was the operator of the vehicle at
the time of the alleged violation through the filing of an affidavit as provided in
subsection D of this section and (ii) instructions for filing such affidavit, including
the address to which the affidavit is to be sent. If the summoned person fails to
appear on the date of return set out in the summons mailed pursuant to this
section, the summons shall be executed in the manner set out in § 19.2-76.3. No
proceedings for contempt or arrest of a person summoned by mailing shall be
instituted for failure to appear on the return date of the summons.
H. In any action at law brought by any person or entity as the result of
personal injury or death or damage to property, such evidence derived from a
photo -monitoring system shall be admissible in the same method prescribed as
required in the prosecution of an offense established under this section without
the requirements of authentication as otherwise required by law.
L On behalf of a locality, a private entity may not obtain records regarding
the registered owners of vehicles which fail to comply with traffic light signals. A
private entity may enter into an agreement with a locality to be compensated for
providing the traffic light signal violation -monitoring system or equipment, and
all related support services, to include consulting, operations and administration.
However, only an employee of the locality may swear to or affirm the certificate
required by subsection C.
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8. Public Safety - Modifications to Wireless 911 Funding Formula
Gwen K. Cowart
Department Director
Department of Communications and Information Technology
Background Information:
The citizens of the City of Virginia Beach contribute over $1,200,000 a year to
the State wireless fund; yet, on average, only 18% of this revenue is returned to
the City for delivery of Public Safety Answering Point (PSAP) services. With
respect to the Wireless 911 surcharge managed under Virginia State Code Title
56-484.17-Wireless E-911 Fund, the City is seeking changes to the current
formula to provide an equitable distribution that is more representative of each
locality's contribution.
Change in Wireless Funding Formula
The Wireless 911 Board, created under State Code of Virginia article 56-484.13-
Wireless E-911 Services Board, currently manages and assesses the formula
associated with payment to localities from the State Wireless E-911 fund. The
current percentage used to return Wireless E-911 funds is based on a ratio of the
number of Wireless 911 calls to the total number of all call types processed by the
PSAP. Other call types consist of public safety calls such as Police non -
emergency, animal control, towing, city and school alarms, media inquiries,
VCIN and NCIC request. This formula is not an accurate representation of the
effort required to effectively process all 911 calls at the PSAP. PSAP's must
provide adequate staffing levels to support the number of 911 calls processed and
dispatched at the center; however the provision of 911 services has no direct
correlation to the total number of calls processed by 911 centers.
Since transferring wireless 911 calls from the Virginia State Police in 2000, the
city has seen an increase from taking fewer than 4,000 wireless calls per month to
taking more than 10,000 wireless calls per month in 2004 and that trend continues
in 2005. In this time frame, the City has only recouped approximately 18% of the
funds contributed by our citizens, while the State Police have experienced no
reduction in funding or staffing levels. In actuality, the State Police, while
shifting the burden of the wireless 911 calls to the localities, have increased
funding by receiving millions of dollars from the State Wireless E-911 fund.
The current percentages use total calls to the PSAP and are calculated based on
the following formulas:
Old Formula
number of 911 wireless calls X equipment cost = amount of funding, for equipment
total number of telephone calls
number of 911 wireless calls X personnel cost = amount of funding for personnel
total number of telephone calls
i.)
The City requests the following changes, using the total number of 911 calls,
which would represent a more equitable funding formula:
New Formula
number of 911 wireless calls X equipment cost = amount of funding for equipment
total number of 911 telephone calls
number of 911 wireless calls X personnel cost = amount of funding for personnel
total number of 911 telephone calls
Request:
1. The General Assembly is requested to change the 9-1-1 Wireless Funding
formula to be based upon a ratio of total number of 9-1-1 calls to wireless
9-1-1 calls, as represented by the NEW FORMULA proposed in the
section above.
2. Additionally, the Wireless Board was established as part of the original
legislation and has served the purpose and intent as originally defined.
Further expansion or authority of this board over other aspects of 9-1-1
service delivery was not the intended purpose and we request that any
changes to the Wireless Board be opposed. 9-1-1 service delivery is a
local responsibility just as having a local policing authority is. The
General Assembly is requested to oppose any changes to the Wireless
Board structure, charter or mandate.
9. Retirement Coverage for Emergency Medical Technicians
Chief Bruce Edwards
Department Director
Emergency Medical Services
Background Information:
The Virginia Law Officer's Retirement System (VaLORS) allows designated
public safety officers to retire with unreduced benefits earlier than other
employees enrolled in the Virginia Retirement System (VRS). For example a 50-
year-old police officer may retire after 25 years of service with full benefits while
another municipal employee of the same age must have 30 years of service. This
program recognizes the unique physical and mental demands placed on
emergency responders during their career and supports more realistic career
longevity. While the VaLORS program covers firefighters, the program does not
include emergency medical technicians (EMT).
EMTs are defined and regulated similarly to firefighters and other public safety
workers in most sections of Virginia law. The day-to-day dangers, emotional
"r1i
stresses and physical demands placed on career medics mirror those of their
public safety partners. Research has proven that the occupational fatality rate for
EMS workers exceeds that of the general population and is comparable with that
of other emergency workers.
Due to the lack of VaLORS coverage, EMTs must work in their field later into
life than their public safety partners. This reality impacts recruitment and lonb
term employment of career medics. Additionally, the disparity in coverage has
historically been a limiting factor when trying to recruit and retain experienced
personnel in senior staff positions within non -fire based EMS departments.
Adding EMTs under the VaLORS coverage will align the retirement coverage
and benefits of all public safety workers. This can be achieved at no cost to the
Commonwealth. Localities have the option of whether or not to participate and
therefore are responsible for supporting any additional financial burden.
Request. -
The General Assembly is requested to modify the State Code as follows:
§ 51.1-138 Benefits.
A. Employees who become members under this article and on whose behalf
contributions are paid as provided in this article shall be entitled to benefits
under the retirement system.
B. By resolution legally adopted and approved by the Board, the employer
may elect to provide benefits equivalent to those provided under the State Police
Officers' Retirement System, as set out in Chapter 2 (§ 51.1-200 et seq.) of this
title, except for benefits provided under § 51.1-209 and except for those
provisions allowing a person retired under the State Police Officers' Retirement
System to receive the related retirement allowance while employed as a state
police officer or as an employee, as defined in § 51.1-124.3, of the Department of
State Police, in lieu of the benefits that would otherwise be provided hereunder
for any employees who are employed in (i) law -enforcement positions comparably
hazardous to that of a state police officer, including any sworn law -enforcement
officer who has the duty and obligation to enforce the penal and traffic laws of
this Commonwealth as directed by his superior officer, if so certified by his
appointing authority, (ii) positions as full-time salaried fire fighters, (iii)
positions as full-time salaried emergency medical technicians, or( iv) positions
as regional jail superintendents and jail officers of regional jail farms, regional
jails or jail authorities, as approved by the respective jail board or authority and
by the participating political subdivisions of such entities. Sheriffs of political
subdivisions that participate in the retirement system shall receive benefits
equivalent to those of state police officers, except for the benefits provided under
§ 51.1-209 and except for those provisions allowing a person retired under the
17
is
State Police Officers' Retirement System to receive the related retirement
allowance while employed as a state police officer or as an employee, as defined
in § 51.1-124.3, of the Department of State Police, regardless of whether the
employer has elected to provide equivalent benefits as set out in this subsection.
C. Each employer providing the benefits of subsection B for its employees
prior to July 1, 1990, may elect to provide for the early retirement of employees
as set forth in this subsection in lieu of the early retirement and death before
retirement provisions of the State Police Officers' Retirement System. Such
election must be made to the Board in writing prior to July 1, 1990. Any member
in service on or after his fifty-fifth birthday with five or more years of creditable
service (i) as a member in the retirement system established by this chapter, (ii)
as a member in the retirement system established by Chapter 2 (§ 51.1-200 et
seq.) of this title, or (iii) as a member in the retirement system established by
Chapter 2.1 (§ 51.1-211 et seq.) of this title may retire upon written notification to
the Board setting forth at what time -the retirement is to become effective. The
effective date shall be after his last day of service but shall not be more than 90
days prior to the filing of such notice. The member shall receive an allowance
that shall be determined in the same manner as for retirement at an employee's
normal retirement with creditable service and average final compensation being
determined as of the date of his actual retirement. If the member has less than 30
years of service at retirement, the amount of the retirement allowance shall be
reduced on an actuarial equivalent basis for the period by which the actual
retirement date precedes the earlier of (a) the member's normal retirement date
or (b) the first date on or after the member's fifty-fifth birthday on which the
member would have completed a total of 30 years of creditable service. Effective
December 31, 2003, any employee in service on June 30, 2002, and July 1, 2002,
who is credited with five or more years of creditable service rendered under this
chapter, Chapter 2 (§ 51.1-200 et seq.), or Chapter 2.1 (§ 51.1-211 et seq.) of this
title shall not be subject to the vesting requirements of this section, and §§ 51.1-
205 and 51.1-216.
Members retiring under the provisions of this subsection shall be entitled to
receive post -retirement supplements as provided in § 51.1-166. In computing the
amount of any supplement, any additional allowances being paid under the
provisions of subsection B of § 51.1-206 shall be disregarded. In the case of death
before retirement, members whose employers elect to provide benefits in
accordance with the provisions of this subsection and who have not attained the
age of 50 on the date of death shall be assumed to be 50 years of age for the
purposes of reducing the benefits on an actuarial equivalent basis.
D. The retirement system shall not be liable for the payment of any retirement
allowances or other benefits on behalf of a member or beneficiary of a member
for which reserves have not been previously created from funds contributed by the
employer or the members for such benefits.
In
10. Tax Relief for Senior Citizens — Constitutional Amendment
City Council
City of Virginia Beach
Background Information:
The Virginia Beach City Council established a task force to examine the
possibility of providing additional tax relief to elderly Virginia Beach residents.
The task force published a report, in late 2003. The task force made three
recommendations to change the existing state code as well as an amendment to
the Virginia Constitution.
Request:
The General Assembly is requested to amend the state constitution to allow for a
local option non -means tested tax freeze for all senior citizens. The General
Assembly would need to enact legislation during the 2006 Session. There would
be an intervening election in 2007 and the same legislation would need to be
passed in 2008. The voters would then vote on the referendum for the
constitutional amendment in the November 2008 election. The constitution
would then be amended effective January 1, 2009.
11. Tidewater Community CollegeNirginia Beach Joint Use Library
Marcy Sims
Department Director
Department of Public Libraries
Background Information:
The City of Virginia Beach and Tidewater Community College are considering
constructing and operating a single facility to house the proposed TCC/ Virginia
Beach Campus Learning Resources Center and what is presently called the South
Rosemont Area Library (CIP Project 3-175). The College is planning to build a
150,000 square foot Learning Resource Center at the corner of Rosemont Road
and Faculty Drive, The LRC is planned to be built in two phases: a 100,000
square foot project in the 2006-08 biennium and the remaining 50,000 square feet
is planned for the 2008-2010 biennium. The South Rosemont Area Library
(18,000 square feet) is scheduled for construction in FY 2005-2006 on City
owned property at the corner of Rosemont Road and Buckner Boulevard and
adjacent to the Boys and Girls Club of Southeastern Virginia.
A Joint Use Library Planning Committee was appointed in March 2004 to explore
the possibility of creating an integrated joint use library. The same consultants
who were part of the successful San Jose State University and San Jose City
Public Library project, Anderson Brule Architects, have assisted the City and
• TCC in facilitating further strategic feasibility and operational planning.
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•
•
Other partners have been invited to take part in the planning. The Old Dominion
University/Norfolk State University Higher Education Center is located adjacent
to the TCC-Virginia Beach Campus. Its 85,000 square foot facility serves
approximately 16,000 students in undergraduate, graduate, continuing education
and workforce development programs.
A strategic operational planning process is underway to further identify and refine
the description of all service, operational, organizational and facility issues to be
resolved and outlined in a Memorandum of Understanding between the partners.
The work will also provide a conceptual building program to guide the
architectural design.
Request.
The General Assembly is requested to ... PI:ACEHOLDER... language is being
developed by city staff.
Opposes Changes in Status Quo
1. Post Labor Day Opening for Schools
James Ricketts
Department Director
Convention &Visitors Bureau
Background Information:
The Virginia Beach tourism industry provides our city with almost $785 million
per year in tourism spending. Hampton Roads receives $1.6 billion from Virginia
Beach's tourism. Starting schools in Virginia Beach and other localities in the
Commonwealth prior to Labor Day would have significant financial
consequences in the long term. Beginning schools prior to Labor Day would
eliminate two weeks in August, which is prime family vacation time that cannot
be replaced. If the Virginia Beach school system begins before Labor Day and
other localities follow our lead, it will have a negative effect on the economic
impact of the tourism industry. To a lesser extent, this will also have an impact on
this industry by affecting the labor pool available during this time frame.
Request.
The General Assembly is requested to maintain the existing legislation concerning
post Labor Day opening of schools. This allows all schools to open after Labor
Day except those given exemptions by the State Board of Education.
Q
2. Pruning and Trimming of Trees Surrounding Billboards
James K. Spore
City Manager
City of Virginia Beach
Background Information:
In the last several years, the General Assembly has changed the Code of Virginia
that previously allowed localities to control the placement of billboards and the
trimming and pruning of trees surrounding such billboards.
§ 33.1-371.1. Selective pruning permits; penalty, requires:
A. The Commonwealth Transportation Commissioner shall by permit
authorize the selective pruning, within highway rights -of -way, of vegetation that
obstructs motorists' view of signs displayed on outdoor advertising structures
legally erected and properly maintained along the highways. Such permits shall
be subject to such conditions as the Commissioner deems appropriate for the
enhancement of highway safety and beautification, including but not limited to the
following:
1. All work performed under the permit shall be (i) subject to the
direction of the Commissioner or his designee, (ii) supervised on -site by a
certified arborist approved by the Commissioner, (iii) completed to the
satisfaction of the Department's Environmental Manager or his designee,
0 and (iv) performed solely at the expense of the permittee.
2. All pruning shall be performed in a manner that (i) creates a
picture frame effect around the sign and (ii) beautifies the area
surrounding the advertising structure. All cutting shall be limited to
vegetation with trunk base diameters of less than six inches. Pruning cuts
of vegetation with diameters greater than four inches and clear cutting
shall not be authorized and shall be strictly prohibited.
3. Any diseased or unsightly vegetation or any vegetation that
endangers the health or retards the growth of desirable vegetation may be
removed at the discretion of the certified arborist supervising the work.
Any such removed vegetation shall be replaced at the permittee's expense
with desirable vegetation.
B. The requirements of this section shall not apply to the owner or authorized
agent of the owner of any sign, advertisement, or advertising structure exempted
from the provisions of this article by § 33.1-355.
C. The Commissioner shall promulgate such regulations as he deems
necessary or desirable to carry out the provisions of this section. Such regulations
shall include but not necessarily be limited to the following requirements:
21
•
1. Every application for a permit submitted under this section shall
be accompanied by photographs of the affected site and a detailed
description of work proposed to be performed.
2. A fee of $400 shall accompany every application. All such fees
shall be paid by the Commissioner into the state treasury, allocated to the
Commonwealth Transportation Board.
3. Every applicant shall post a bond payable to the Commonwealth,
with surety approved by the Commissioner and in a form approved by the
Attorney General, in the sum of $2,500, conditioned on the permittee's
fulfillment of all requirements of the permit.
4. No permit shall be issued under this section in order to create a
new site for an outdoor advertising structure.
D. Any person found by a court of competent jurisdiction to have violated any
provision of this section, any regulation adopted pursuant to this section, or any
permit issued under this section, shall, in addition to the penalties provided in §
33.1-377, be prohibited by the court from applying for any other permit under this
section for a period of not more than five years.
(1998, cc. 525, 540.)
This authority extends only to certain federal aid to primary highways and
highways in the interstate or national highway systems. A specific request was
made to prune trees along Virginia Beach Boulevard. This City of Virginia Beach
was able to establish, through the Commonwealth Transportation Board (CTB),
that this highway and others did not fall under the purview of the Board, thus
permits could not be issued. We fully expect that during the 2006 General
Assembly Session, an effort will be made to expand the authority of the CTB
Commissioner to provide pruning permits for the trees on Virginia Beach
Boulevard and other highways within Virginia Beach that are currently not
covered under existing code.
Request:
The General Assembly is requested to not extend the authority of the
Commonwealth Transportation Commissioner to allow permits to prune tree,
shrubbery, etc., blocking billboards on Virginia Beach Boulevard and additional
roads within the City of Virginia Beach. The beautification of our highways and
the City in general is something our citizens and City Council take seriously and
do not want another authority to manage these efforts.
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3. Public Library Director Requirements
Marcy Sims
0 Department Director
Department of Public Libraries
Background Information:
Library directors currently serving a population of more than 13,000 are required
to have an accredited MLS Degree in order for their libraries to receive full State
Aid to Public Libraries funding. The requirement is particularly important for
smaller public libraries in Virginia, where the director may be responsible for a
variety of professional duties. It is also important because the director must be
able to balance knowledgeably and ethically the demands of a business that is a
social institution committed to offering free access to information.
Request.
The General Assembly is requested to support the continuation of this
requirement the in the law, specifically the Code of Virginia § 42.1-15.1
Qualifications required to hold professional librarian position.
4. Public Safety - 911 Tax
Gwen K Cowart
Department Director
Department of Communications and Information Technology
Background Information:
The City of Virginia Beach has over 430,000 Citizens and also provides services
to an additional 3,000,000 visitors a year, and all of these constituents rely on the
services of the VB 911 Emergency Communications division to effectively handle
emergency calls received at the Public Safety Answering Point (PSAP). There
are currently two surcharge based sources for PSAP funding — the Wireline 911
surcharge, which is capped at $3.00 and is managed by the localities, and the
Wireless 911 surcharge, which is a flat $.75, and is managed by the State. Our
citizens entrust the City to provide enhanced 911 services based on their
contribution to these 911 surcharges. The current level of service provided to our
citizens is directly related to the level of revenue collected from these funds.
Some of the more critical services provided by the VB 911 Emergency
Communications division include:
• Primary Call taking for emergency 9-1-1 calls needing Police Services
• Primary Call taking for emergency 9-1-1 calls needing Fire Services
• Primary Call taking for emergency 9-1-1 calls needing Emergency Medical
Services
• Primary Dispatch for Police, Fire and Emergency Medical Services
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• Manager of the 800MHz Public Safety Radio System
• Manager of the 9-1-1 Telephone Equipment used to process both Wireline and
Wireless 9-1-1 Calls
• 9-1-1 Public Education
During the 2005 General Assembly session Telecommunications tax
simplifications and rate reductions were pursued through HB2880 and S131335.
These bills would have shifted current local and State telecommunications taxes
and fees to a 5% statewide communications sale and use tax. The proposal would
have deleted current local consumer utility taxes on "landline" and cell phones,
the local landline E-911 fee, the Virginia relay fee, and the BPOL tax in localities
with a rate above 0.5%, as well as replacing the local cable franchise fee. Voice
over IP (VoIP), a new right-of-way fee, and satellite services would have been
included for new taxation.. The bills did not make it out of committee; however,
the Auditor of Public Accounts was directed to continue reviewing and collecting
data so that appropriate information will be available for any future consideration.
It is expected that this will resurface in the 2006 General Assembly session.
The Telecommunications industry has led the move to restructure
telecommunications taxes and has moved the battle from the federal level to the
state levels. The City of Virginia Beach is sensitive to the concerns of the
Telecommunication industry; however, we are more concerned over the erosion
of a vital tax revenue source that provides critical public safety 9-1-1 service.
Additionally, VoIP will have a significant impact on E-911 services and has a real
potential to detrimentally impact local revenues. In May the FCC ruled that
interconnected VoIP. providers must deliver all 911 calls to the customer's local
emergency operator (ie. the Virginia Beach 911 Center). While this will help
address the issues related to the VoIP consumer receiving 911 services, it does not
address any funding mechanism by which VoIP providers are responsible for
payment of any type of tax or fee to offset the cost of provision of those services
by the 911 Center; leaving this as an un-funded mandate.
With the classification of Voice over IP looming on the horizon, we should not
make any changes until we better understand the national position.
The City currently receives over $5,800,000 a year from the Wireline surcharge,
and any reduction in this revenue source would severely impact our ability to
deliver 9-1-1 services to our citizens. The City is opposed to any change in the
current Virginia State Code Title 58.1-3813.1 Local tax for enhanced 9-1-1
services.
Additionally, the City is opposed to any change that would provide State control
over these funds. Local authority over these funds is critical to manage
expenditures associated with the priorities and prevailing economic and
environmental (citizenry expectations, technology requirements, etc.) issues of the
24
locality. The State has chosen to use similar funds in the past for other than 9-1-1
services. In FY03, the State used over $29,000,000 of 9-1-1 Wireless funds to
balance the State budget — with none of those funds going to 9-1-1 services.
Request:
1. The General Assembly is requested to oppose any change in the current
Virginia State Code Title 58.1-3813.1 Local tax for enhanced 9-1-1 services.
2. The General Assembly is requested to oppose changes to the
telecommunications tax structure and reject any bills until the FCC, Federal
Courts, and Congress can adopt a national policy.
3. If a Telecommunications Tax simplification moves forward, we request the
General Assembly eliminate any reference to the 911 tax and not consider this
as part of the bill.
5. Public Safety - Enhanced 9-1-1 for Multi -line Telephone Systems
Gwen K. Cowart
Department Director
Department of Communications and Information Technology
Background Information:
Multiple States have adopted Multi -Line Telephone System (MLTS) legislation
and more are considering this issue everyday. States with currently adopted codes
are: Arkansas, Colorado, Connecticut, Florida, Illinois, Kentucky, Louisiana,
Maine, Minnesota, Mississippi, Texas, Vermont and Washington.
The problem is real and continues to compound every day. The following was
extracted from an Association of Public Safety Communication Officials (APCO)
position statement made to the FCC in February 2005, and states "It has been
nearly eleven years since the Commission first sought comment in this proceeding
regarding E9-1-1 capability for MLTS. In the intervening years, the underlying
problem has not gone away. Countless business, educational, and residential
phone systems across the nation continue to operate without the ability to identify
the specific location from which a 9-1-1 call is placed. This absence of E9-1-1
capability creates life -threatening delays for emergency responses; especially
where an MLTS provides service to widely dispersed locations. Without accurate
E9-1-1 capability, first responders could be dispatched to the wrong address or to
a large building with little clue as to the precise location of the emergency. As
APCO previously noted, "bank branches are often on a common PBX, with the
home office address/call-back number being the only information that is delivered
to the PSAP with a 9-1-1 call from any branch" and "many schools districts,
corporate campuses, large office buildings, hotels, and apartment buildings are at
similar risk."
25
•
As the City of Virginia Beach expands and becomes more urban our issues are
going to escalate and our Citizens, and those of the Commonwealth, will be at risk
because we are unable to locate the emergency location. The City has many
banks and bank branches, but we are also home to large office buildings (STIHL,
Regent/CBN, Lillian Vernon, etc.) hotels and a growing number of apartment
buildings.
Again, in many cases 9-1-1 calls made from telephones connected to Multi -line
Telephone Systems (PBX or large Key Systems) may not be precisely located by
the 9-1-1 system, eliminating many of the benefits of Enhanced 9-1-1. This lack
of adequate location information can be life threatening if the caller cannot supply
the correct location. The nature of 9-1-1 calls is such that the likelihood for the
need to respond directly to the caller with minimal delay increases with the type
of calls where the caller for some reason cannot provide information to the PSAP.
Related problems occur when the caller is remote from the location supplied to
the 9-1-1 systems. In this instance not only is response delayed but also limited
public safety resources are dispatched where they are not needed. There may also
be considerable disruption in business operations as the response units attempt to
locate the caller.
APCO, along with national public safety involvement, has done extensive work to
develop model MLTS legislation that we would like to encourage and engage our
legislators to put forward for review and adoption. We believe this model
legislation would require Multi -line Telephone Systems to provide a sufficiently
precise indication of the caller's location, while avoiding the imposition of undue
burdens on system manufacturers, providers and operators.
Request.
The General Assembly is requested to create a study group to review the proposed
MLTS model legislation and present a final version for adoption within the 2007
General Assembly Session.
O
CITY OF VIRGINIA BEACH
2006 FUNDING ITEMS
City Funding Requests
1. Base Realignment and Closure Commission Requirements
City Council
City of Virginia Beach
Background Information:
The Base Realignment and Closure Commission (BRAC) requires $15 million
each year be expended to purchase non -conforming use properties in APZ1 at
Naval Air Station Oceana (NASO). The City Council will appropriate the funds.
Request.
The General Assembly is requested to appropriate at least $7.5 million for each
year of the biennium to comply with the BRAC requirements.
is2. Contemporary Art Center of Virginia Funding
Cameron Kitchen
Executive Director
Contemporary Art Center of Virginia
Background Information:
The Contemporary Art Center of Virginia (CAC) is seeking funds from the
Commonwealth of Virginia • for completion of renovations and upgrades to
Virginia's leading contemporary art institution to support new and innovative
educational programs and exhibits. As a major cultural amenity in Hampton
Roads and a significant tourist attraction, the Contemporary Art Center of
Virginia reaches over 560,000 people annually. The Contemporary Art Center of
Virginia is a model of financial and artistic management and operates on a
balanced budget. CAC completed Phase One of its capital improvement and
endowment campaign in 2003 and opened the Rodriguez Pavilion, Butler
Galleries, and new art storage areas with the support of the City of Virginia
Beach, private donors, and corporations.
Now in Phase Two of its capital improvement and endowment campaign, CAC is
seeking the Commonwealth of Virginia match the City of Virginia Beach's Phase
One appropriation. This one-time investment by the Commonwealth will enable
CAC to meet increasing demands for on -site educational programs,
27
outreach, world -class exhibitions, performances, and corporate and private
functions at CAC's museum and studio school in Virginia Beach. The
Commonwealth of Virginia funds requested are a direct match for the funds
appropriated in Phase One from the City of Virginia Beach. The grant will be
used solely for the capital improvement and endowment campaign and will fund
much -needed modernization of CAC's security systems, grounds, technical
capabilities, galleries and classrooms.
Request:
The General Assembly is requested to provide $750,000 to the Contemporary Art
Center of Virginia.
3. Virginia Aquarium & Marine Science Center Animal Care Enhancements
Lynn Clements
Department Director
Museums & Cultural Arts
Background Information:
The Virginia Aquarium & Marine Science Center requests funding in the amount
of $2 million that will help improve its animal care facilities in order to better
serve its mission of "Conservation through Education." Since the Aquarium first
opened to the public in 1986, more than 10 million people have experienced the
thrill of seeing Virginia's marine life in unique and educational exhibits and
programs. As the animal collection has grown, so has the staff's expertise in
animal husbandry techniques and their contributions to scientific research and
conservation. As an accredited member of the American Zoo & Aquarium
Association, it is important that the Aquarium continue to be recognized for its
animal care practices that meet and exceed the highest professional standards in
the industry. The Aquarium has recently undertaken an exciting initiative that
will build a major new exhibits gallery and introduce exotic species from across
the planet to inspire our next generation of visitors. The new exhibits and
programs will utilize the latest science and technology to inform over 600,000
annual visitors about marine life and habitats linked to Virginia's past. The
Aquarium's growing animal collection will include more diverse species and the
need for expanded animal care facilities and expertise.
Request.
The General Assembly is requested to provide $2 million to be spent on the
Aquarium's animal care resources. A modest investment can be leveraged to
produce significant results in both local and global conservation education. With
increased animal care capacity, staff can develop advanced husbandry practices
and increase the number of animals the Aquarium can display to the public. In
the next year, the Aquarium will embark on expanding the scope of its collection
to include species from other parts of the world. These unusual animals will
. illustrate adaptations to special environments, threats they must overcome, and
how these exotic habitats relate to Virginia and global conservation issues. By
gaining hands-on experience with these animals, the Aquarium can participate
directly in research and conservation efforts across the globe. The Aquarium will
use this investment to help develop a new 16,000 square foot Animal Care Annex,
an operational support facility which will house the marine mammal and sea turtle
stranding response center, marine animal collection and quarantine operations,
and educational outreach programs. The new animal care facility will include
diagnostic laboratories, advanced marine animal aquarium systems, and
freshwater and saltwater processing capabilities. With all aspects of animal care
taking place in this new facility, it will support the development of staff and
partnership opportunities to advance the Aquarium's mission of marine education
and conservation.
4. Virginia Beach Convention Center Funding
James Ricketts
Department Director
Convention & Visitors Bureau
Background Information:
In 2005, the City of Virginia Beach opened the first phase of the new Virginia
Beach Convention Center. The new facility replaces the Pavilion Convention
Center. Designed by the architectural firm of Skidmore, Owings & Merrill (SOM)
the complete facility is scheduled to open in early 2007.
The old center had a total of 188,000 square feet and lacked the amenities
essential for today's meeting planners. Even with only approximately half of the
new facility opened, the new center is larger than the old facility and has
amenities and technology that exceed meeting planners expectations. When
completed, the new facility will have a total of 516,000 square feet. This includes
150,000 square feet of exhibition space, over 31,000 sq. ft. of ballroom space and
approximately 29,000 sq. ft. of meeting space. The total cost of the facility is
$202.571 million.
The new convention center will help put Virginia on the map as a viable
convention state. According to the Feasibility Study conducted by
PricewaterhouseCoopers, the Commonwealth will realize the following economic
benefits: Incremental tax revenues (in 2002 dollars) between $1.2 - $2 million
annually, between 900 - 1,500 additional jobs and between $27.7 million — $44.8
million in incremental direct expenditures new to the Commonwealth (not a
transfer from other localities in the Commonwealth).
The economic impact for Hampton Roads will be $50.5 million to $79.3 million
in incremental direct expenditures and between 1,700 and 2,700 new jobs. This is
29
in addition to the $2.1 million incremental tax revenue to the City of Virginia
Beach, $97 million in Sales and 1,900 additional jobs.
Already sales projects for 2006, with only half of the facility opened, are ahead of
the Feasibility Study projections for 2009 when the entire facility would have
been opened and fully operational for 1-2 years.
Request:
The General Assembly is requested to provide $20 million in funding for the
new Convention Center. This is in keeping with the benefits to the
Commonwealth based on the amount of state tax revenue that will be generated
from the new facility over a ten-year period.
5. Virginia Beach Performing Arts Center Capital Funding Request
Lynn Clements
Department Director
Virginia Aquarium and Marine Science Museum
Background Information:
The Virginia Beach Performing Arts Center, a professional -quality 1200-seat,
84,000 square -foot facility, will be the cultural centerpiece of Virginia Beach,
located at the core of the City's emerging Central Business District. The Center
will have enlarged spaces for performances, public and performer support and it
will give the opportunity to expand the type and diversity of the performing arts
programs in Hampton Roads and the State of Virginia.
The $47 million facility will have a full range of amenities, meeting the needs of
today and tomorrow. As a tangible demonstration of their commitment, the
Virginia Beach City Council dedicated $35 million of City funds to the project. A
$12.5 million capital fundraising campaign is being led by the Virginia Beach
Performing Arts Center Foundation, a non-profit organization spearheaded by
some of the City's top civic and business leaders.
The Virginia Beach Performing Arts Center will have a dramatic impact to the
State of Virginia's tax base, generating over $2.2 million for the construction
phase and $35,500 in annual State tax revenue. As part of the Virginia Arts and
Culture Economic Growth Coalition, $540,000 was included for the Center in the
FY06 State budget, 27% of our original request. Projects in South Hampton
Roads accounted for only 10% of the total funds appropriated to the Virginia Arts
and Culture Economic Growth Coalition, while the Virginia Performing Arts
Foundation in Richmond received $8.5 million or 36% of the total received by the
Coalition and the Wolf Trap Foundation for the Performing Arts in Northern
Virginia, received $1.57 million or 7% of the total received.
30
The private sector and local government are providing substantial financial
• support to help build this facility, and now we ask the State to strengthen its
commitment and investment to the future of this cultural landmark and to the City
as a whole, by appropriating an additional $2 million needed for the construction
of the Virginia Beach Performing Arts Center.
The new location opening in Summer 2007 at the exciting Town Center
development will become a defining asset for social development for the City and
Hampton Roads. It will become a focal point for social activities from education
to the arts and entertainment and will illustrate the Region's dedication to
furthering the cultural life of its citizens.
Request:
The General Assembly is requested to appropriate $2 million of the remaining
$12.5 million needed for the construction of the Virginia Beach Performing Arts
Center.
State Funding Requests
1. Army Corps of Engineers 216 Study of Kerr Reservoir
Tom Leahy
Department Director
Public Utilities
Background Information:
Kerr Reservoir is a federal flood control reservoir owned by the Federal
Government and operated by the Corps of Engineers. It is immediately upstream
from Lake Gaston, which is owned by Dominion Power. Releases from Kerr
Dam constitute more than 90 percent of the average flow in and out of Lake
Gaston. Virginia Beach and Chesapeake have storage rights in Kerr Reservoir,
which are used during dry periods to mitigate the effects of our withdrawals from
Lake Gaston.
Dominion Resources' Federal Energy Regulatory Commission (FERC) license to
operate Lake Gaston was renewed and amended in 2004 and 2005. Many issues
that the environmental resource agencies wanted to address in Dominion's re -
licensing proceedings were issues that could only be resolved by operational
changes at Kerr Dam. The legal and procedural tool that the Corps uses to decide
whether any such changes should be made is a federal "216 Study." The Corps
has completed an initial reconnaissance phase of this study and has initiated more
detailed phase, known as the Feasibility Study. Estimates put the cost of this
study at about $2 million over three years. Fifty percent of the funding must
come from non-federal, local sponsors.
31
Local sponsors play a significant role in the scoping and steering of the 216
Study. North Carolina and Virginia are local sponsors. Although Kerr Dam is
mostly in Virginia, all of its water ultimately flows to North Carolina. North
Carolina will protect the interests of North Carolina citizens in the 216 Study.
However, only Virginia can protect the interests of Virginians who live around
Kerr Reservoir and Lake Gaston and the municipalities that depend upon Lake
Gaston for water supply.
Request:
The General Assembly is requested to ensure that funding for Virginia's
continued participation in the 216 Study is included in the DEQ's FY2007 budget.
2. "Authors of Liberty" Exhibition Support in 2007
Lynn Clements
Department Director
Virginia Aquarium and Marine Science Center
Background Information:
The City of Virginia Beach is working with Lincoln Cathedral in Lincolnshire,
England to develop and mount an exciting traveling exhibition that will help to
commemorate the 400th anniversary of the landing of the first permanent English
settlers in Virginia in 1607. Currently titled "Authors of Liberty: Magna Carta &
the Price of Freedom," the exhibition will provide a current -world perspective of
the long road to a free democratic society as first expounded in Magna Carta in
1215. The exhibition is scheduled to open in Virginia Beach in April 2007 and
will travel to 10 cities in the United States over the course of the ensuing two
years. "Authors of Liberty" will then tour extensively in England until 2011. The
transporting of the ideals of Magna Carta to Virginia's shores in 1607 and the
continuing development of the ideas for freedom and democracy in Virginia and,
eventually, the United States, will be important themes in the exhibition. The
treasures in the exhibit include many original documents from the Lincoln
Cathedral Archives/Library such as an original 1215 Magna Carta and documents
related to John Smith. Other artifacts will include a Dunlap Broadside of the
Declaration of Independence, the Cornwallis Sword, originally surrendered at
Yorktown in 1781, and the Franklin Press.
Request:
The General Assembly is requested to appropriate funding in the amount of
$500,000 to support bringing the international exhibition, "Authors of Liberty," to
Virginia and her citizens. The funding will ensure the provision of proper and
necessary security during the three-month period in Virginia Beach; support the
operations and is logistics for the exhibition; and, provide for promotions across
32
•
various media. The Commonwealth of Virginia will be recognized as a primary
partner in the exhibition's Virginia Beach run.
3. Community Services Board (CSB)
Dr. Terry Jenkins
Department Director
MH/MR/SA
Background Information:
Eligibility for Medicaid in Virginia is based upon the federal poverty level. In
most states, if you have an income that is no more than the federal poverty level
and are disabled or elderly, then you are eligible for Medicaid; however, this is
not the case in Virginia. Currently, you can only have 80% of the federal poverty
level income in order to qualify. Clearly given the cost of housing, gasoline, etc.,
this creates two major problems:
1. People in need of Medicaid to pay for health care cannot qualify if they
make enough money to live on.
2. There are many elderly and disabled people living in poverty but are not
eligible for Medicaid.
Any plans for the future of publicly funded mental health/mental retardation and
substance abuse services should include sufficient state funding for a
comprehensive system of care and treatment at the state. and local level. Funding
must be adequate in order to meet the needs of:
➢ Individuals eligible for Medicaid supported services, but unable to receive them
due to lack of state match funding.
➢ Individuals in need of services unfunded by Medicaid.
➢ Individuals who are indigent and cannot access Medicaid services.
Request.
The General Assembly is requested to at least widen the eligibility by moving
from 80 to 85% of the federal poverty level bringing the Code of Virginia
definition for eligibility for Medicaid to the 2005 poverty level. The General
Assembly is also requested to appropriate additional statewide funding in any
agreeable amount.
33
LJ
4. Elizabeth River Restoration: Sediment Cleanup and Wetlands Restoration
Funding
Arthur L. Collins
Executive Director
Hampton Roads Planning District Commission (HRPDC)
Background Information:
Since 1998, the Cities of Chesapeake, Norfolk, Portsmouth, Virginia Beach, and
the Commonwealth of Virginia have been working in a partnership with the U. S.
Army Corps of Engineers on a comprehensive approach to restoring the Elizabeth
River. The Elizabeth River Restoration Project is being guided by a Steering
Committee, which includes staff representatives of the four cities, state and
federal agencies, the nonprofit Elizabeth River Project and the Hampton Roads
Planning District Commission (HRPDC). This project includes sediment
remediation and restoration of wetland sites throughout the Elizabeth River
Watershed. Several project components are scheduled for restoration design work,
actual construction or conduct of a new feasibility study during Fiscal Years 2006
and 2007. Federal, state and local funding is essential to implementing these
projects, which are critical elements to the environmental restoration of the River,
to community and economic revitalization efforts being pursued by the four cities
and to achieving the goals of the 2000 Chesapeake Bay Agreement.
At its Quarterly Commission Meeting on July 20, 2005, the Hampton Roads
Planning District Commission endorsed seven specific components of the
Elizabeth River Restoration Project. The projects are described briefly in the
attached Fact Sheets, developed by the Elizabeth River Restoration Project
Steering Committee. They include the following:
• Construction of the Scuffletown Creek Sediment Remediation Project.
• Feasibility Study of Sediment Remediation in Paradise Creek.
Wetlands Restoration at five sites - ODU Drainage Canal (NO),
Woodstock Lake (VB), Scuffletown Creek (CH), Grandy Village (NO),
and Jordan Bridge (PO).
In endorsing these components of the comprehensive Elizabeth River Restoration
Project, the HRPDC also requests that:
a. Federal funding for the two sediment remediation projects and five
wetlands projects be included in the Federal Budgets for Fiscal Years 2006 and
2007 to allow the Corps of Engineers to fund its share of these projects.
b. State funding for the state's portion of the two sediment remediation
projects be included in the State Budget for the FY 2006-2008 Biennium.
34
C. Local funding for the local government cost share portions of the two
sediment and five wetlands projects be included in the local budgets for local
Fiscal Years 2007 and 2008.
It should be noted that substantial local funds are being expended on directly
related community and economic revitalization efforts.
Request:
The General Assembly is requested to budget matching funds for the Scuffletown
Creek Sediment Cleanup and the Paradise Creek Feasibility Study.
Clean Elizabeth River Bottom Sediments —
The General Assembly is requested to continue funding to support the next phases
of an award -winning, cooperative project to achieve the historic cleanup of toxic
sediments in the Elizabeth River.
Scuffletown Creek Construction
FY 2007 $1,300,000
FY 2008 $1,400,000
Total $2,700,000
Paradise Creek Feasibility Study
FY 2007 $187,500
FY 2008 $187,500
Total $375,000
5. Emergency Medical Services Return to Localities ("4 for Life") Funding
Resolution
Bruce Edwards
Department Director
Emergency Medical Services
Background Information:
Legislation was passed .by the General Assembly in 2002 (HB82) that increased
the vehicle registration fee by $2.00 to a total of $4.00 per registration. This
initiative was known as the "4 for Life" program. The funds were to be
distributed to individual localities and the Virginia Department of Health (Office
of Emergency Medical Services) for EMS purposes.
Since 2002, $3,450,000.00 of these new revenues have been transferred to the
General Fund, which was to be used for Commonwealth Preparedness from 2002
to 2004. To date, the revenues stipulated in the legislation have not been returned
to the individual localities as was intended under the original legislation. Had this
occurred, localities would have received an estimated additional $1,092,825.00 in
"4 for Life" funding, an increase of one percent in EMS funding throughout the
Commonwealth. Of this total, the City of Virginia Beach would have received an
approximate 20 percent increase in funding with $320,000 appropriated to "4 for
Life." The City of Virginia Beach will currently receive $263,000.
35
Full distribution of the "4 for Life" monies would support enhancements to
existing services, including procurement of new technology equipment and
advanced training. Additionally, the City's volunteer rescue squads would benefit
from a larger Virginia Department of Health rescue squad assistance grant
program.
Request.
The General Assembly is requested to support the return of the "4 for Life" funds
in the amount of $320,000 for use by Emergency Medical Services in the
Commonwealth and in the City of Virginia Beach.
6. Hydrilla Eradication and Management on Lake Gaston
Tom Leahy
Department Director
Public Utilities
Background Information:
Lake Gaston is infested with hydrilla, a noxious weed that destroys the
recreational aspects of the shoreline. For many years, Virginia Beach and
Chesapeake have supported efforts to eradicate and control hydrilla by supporting
the Lake Gaston Weed Control Council with a yearly grant of over $200,000.
The Lake Gaston Weed Control Council is a regional entity made up of
individuals appointed by the local governments that border Lake Gaston.
Supporting the Lake Gaston Weed Control Council is in the best interest of
Virginia Beach and Chesapeake. One of the primary means of controlling
hydrilla is through the use of herbicides. Having the herbicides applied by
licensed professionals under the supervision of individuals appointed by local
governments is much safer from a water quality perspective than having
individual citizens take matters into their own hands.
Because hydrilla is one of the most important environmental concerns facing the
lake area residents, the annual grant to the Weed Control Council also
demonstrates to residents around the lake that Virginia Beach and Chesapeake
care about protecting and maintaining the lake for the benefit of all users, not just
for our own water needs.
In last year's budget, $100,000 was proposed but it was reduced to $50,000.
North Carolina continues to match Virginia Beach and Chesapeake's grant.
Request:
The General Assembly is requested to increase Virginia's contribution to hydrilla
control in Lake Gaston to $200,000.
36
•
7. Infopowering the Commonwealth: Find It Virginia
Marcy Sims
Department Director
Department of Public Libraries
Background Information:
The objectives of Infopowering the Commonwealth: Find It Virginia are to
provide appropriate computer hardware, obtain adequate connections to the
Internet, and resolve issues and costs associated with providing adequate access to
all citizens to current, authoritative sources of information. Infopowering has
assisted public libraries in obtaining hardware, Internet access, training labs, and
some electronic databases. Virginia Beach citizens use 21 electronic databases
funded by the initiative. In addition, Infopowering funds were used in partnership
with grant funds from the Bill & Melinda Gates Foundation to extend activities to
libraries that were not fully eligible for funding through the Gates Library
initiative. Infopowering funds for FY 2002 had been reduced to $ 1.6 million.
No funding was received in FY 2003 — 06.
Request.
The General Assembly is requested to provide $1 million in funding for FY 2007
and in each year of the biennium to support Infopowering the Commonwealth:
Find It Virginia, to expand the core collection of full text reference, magazine and
newspaper articles that are provided to all citizens of Virginia via their public
library card or through the K-12 and community college programs.
8. Internet Access and State Aid to Public Libraries
Marcy Sims
Department Director
Department of Public Libraries
Background Information:
Recent efforts in the General Assembly to eliminate State Aid to Public Libraries
funding for localities that provide unfiltered Internet access exceeds the standard
permitted by the U. S. Supreme Court in its ruling on the Children's Internet
Protection Act (CIPA), State Aid is used entirely to support the local materials
collection in public libraries. Linking Internet access with the maintenance and
growth of local borrowing and reference collections is unadvisable. The effort
also ignores the fact that local citizen Public Library Boards are charged with
making local library policy. Questions about Internet access should be left to
these local boards.
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Request:
The General Assembly is requested to oppose any legislation that eliminates State
Aid to Public Libraries funding for local libraries that provide unfiltered Internet
access.
9. Matching Funds for Local Housing Trust Funds
Andy Friedman
Department Director
Housing & Neighborhood Preservation
Background Information:
The state should allocate an annual maximum amount of funding that would be
used to provide matching funds to localities that already have, or will establish
within one fiscal year, housing trust funds that help finance affordable housing
using local revenue sources.
The total amount of funds available would be capped and would be allocated to
localities based on a population formula and a "level of local effort" formula that
provided more funds to localities and provided more local revenue per capita.
This mechanism would provide localities incentives to address workforce and
affordable housing needs. Since both local and state funding sources would be
general tax revenue, this would be the most broad -based type of effort that
localities can make to establish affordable housing.
The matching funds would be considered "entitlement' grants to localities as long
as the local trust fund was in operation, and had established criteria for its use.
The state would establish an allocation advisory board through the Department of
Housing and Community Development to study and recommend minimum state
criteria for housing trust funds.
Request.
The General Assembly is requested to appropriate $1 million in funds to be
placed in an account designated as the "Local Housing Trust Fund Matching
Fund". This fund would be administered by the Department of Housing and
Community Development, which would develop and enforce criteria for the
allocation of the funds, in consultation with localities.
K:
10. State Aid to Virginia Public Libraries
Marcy Sims
Department Director
Department of Public Libraries
Background Information:
The Code of Virginia (Chapter 3 of Title 42. 1) establishes Virginia's policy of
granting financial aid for the development of local public libraries and provides a
formula, which specifies how much each public library system should receive.
This formula has not been fully funded since 2001. It is currently estimated that
full funding of State Aid will require an $8,165,467 increase in FY 2007 over FY
2006 funding levels. Full funding of the State Aid formula in FY 2005 would
have increased Virginia Beach's allocation from $259,688 to $381,000, an
additional $121,312.
Request.
The General Assembly is requested to fully fund State Aid to Virginia Public
Libraries in the amount of $24,500,000.
11. Transportation Funding
City Council
City of Virginia Beach
Background Information:
Transportation funding for the entire Commonwealth has been neglected for many
years. The last time transportation revenues were addressed was in 1986 and the
value of those revenue enhancements has been degraded by inflation. The value
of the tax increase from 1986 has lost 40 percent of its purchasing power.
Furthermore, the amount of traffic on our roadways, as measured by vehicle miles
traveled, has greatly increased, as has vehicle ownership, which is going up
exponentially to the point where there is almost one car per person in Hampton
Roads. Also, the general growth of the economy, which creates more need for the
movement of people, goods and services.
The Hampton Roads Metropolitan Planning Organization (MPO) identified a
number of high cost projects that cannot be funded within normal revenue
streams. These projects are:
a. Third Crossing of Hampton Roads
b. Mid -Town Tunnel/Martin Luther King Extension — This project will
widen the tunnel to 4 lanes and extend them to I-264
W
C. Southeastern Parkway & Greenbelt — This project consists of constructing
lanes from I-264 to Route 168; 8 lanes on the Oak Grove Connector; 4 lanes on
Dominion Blvd from Route 168 to Cedar Road with fully controlled access from
Cedar Road to the George Washington Highway.
d. U. S. Route 460 — This project consists of upgrades to interstate standards
between I-664 and Suffolk Bypass. New 4 lanes will be constructed to interstate
standards between Suffolk Bypass and I-295.
e. I-64 on the Peninsula — Widen to 6 lanes plus 2 HOV lanes from Bland
Blvd to Route 199 (exit 242) (Busch Gardens)
f. I-64 on the Southside — Widen to 6 lanes from I-464 to I-264 at Bowers
Hill
The total cost of these projects exceeds $9 billion. The Metropolitan Planning
Organization (MPO) investigated the feasibility of these projects being stand-a-
lone toll facilities and came to the conclusion that even with a moderate toll, there
would be a shortfall of approximately $275 million per year to construct the
projects. The MPO also identified a number of funding sources that, as a
package, would find funds to offset the $275 million shortfall. These include:
Sales Tax (not collected on
0.50%
$75
unprepared food)
Gas Tax
$0.08 per gallon (11M/penny)
$86
Motor Vehicle
$50 per vehicle (1.4M vehicle)
$70
Registration Fee
Motor Vehicle Sales &
1.00% of sales
$36
Use Tax
Midtown Tunnel Excess
Tolls provide dollars beyond the cost of the
$8
Midtown Tunnel improvement.
$275
If the 2006 General Assembly Session does not appropriate the above revenue
generators or other revenues, the major projects must be removed from the 2030
Transportation Plan, which must be submitted in final form to the federal
government by fall of 2006. Removing the projects from the Plan would mean
that the completed environmental documents would become obsolete and any
environmental processes would have to begin again. For example, the Third
Crossing Record of Decision would be nullified.
Request.
The General Assembly is requested to provide a long term funding stream for the
major projects in Hampton Roads. This new funding stream along with the
proposed tolling of the projects would allow these importantly vital transportation
projects to move forward in a timely fashion. A considerable degradation of
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businesses and quality of life in the region will occur if these projects are not
funded.
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1.
2.
•
3.
•
CITY OF VIRGINIA BEACH
COMMUNITY ITEMS
2006
Chesapeake Bay Preservation
Background Information:
Daniel A. Baxter
President
Virginia Beach Council of Civic Organizations
Include storm water management in funding matrix for Chesapeake Bay water
quality. Secure funds from Chesapeake Bay Preservation for educational pursuits
to educate the public on storm water management and how residents can improve
the conditions of our waterways. Funding for initiatives to reduce storm water run
off impacts to tributaries to the bay such as the Lynnhaven System.
Clean Community Funding
Background Information:
Daniel A. Baxter
President
Virginia Beach Council of Civic Organizations
Designate funds from DEQ tax on beverage container to fund Clean Community
programs state wide as directed. Over the past three years, the Governor has
diverted this money to the General Fund. This money was in the past part of a
non-competitive grant program that funded educational and volunteer based
programs that promote Litter awareness and Recycling.
Community Correction Funding Support
Request.
Carolyn Lincoln
The General Assembly is requested to provide additional funding for post
disposition programs for convicted felons and for alternative programs such as
Community Corrections.
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4. Disaster Preparedness
Daniel A. Baxter
President
Virginia Beach Council of Civic Organizations
Background Information:
Provide tax incentives to businesses who add auxiliary power generation to their
businesses. This is critical to maintaining public safety after a storm when power
supplies are disrupted.
5. Eminent Domain
Daniel A. Baxter
President
Virginia Beach Council of Civic Organizations
Background Information:
Provide a clear definition of `Blight" as it applies to eminent domain. More
clearly define when and where Eminent Domain can be applied by a municipality.
6. Law Enforcement Funding for Appropriate Manning Levels of Personnel
Daniel A. Baxter
President
Virginia Beach Council of Civic Organizations
7. Preserving Naval Air Station Oceana
Daniel A. Baxter
President
Virginia Beach Council of Civic Organizations
Background Information:
Providing resources necessary to make this happen. Including tax incentives for
residents who change use of non conforming properties to uses that conform with
land use compatible with NAS Oceana as depicted in the JLUS Letter of
Understanding.
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8. Human Services
• Daniel A. Baxter
President
Virginia Beach Council of Civic Organizations
Background Information:
Ensure that state provides its share of funding to support Human Services at the
local level based on population.
9. Identity Theft
Daniel A. Baxter
President
Virginia Beach Council of Civic Organizations
Background Information:
Legislation making prosecution of such crimes easier. Directives promoting more
inter agency coordination to speed up prosecution. Legislation making it easier for
victims to have records corrected.
10. Property Taxes
• Daniel A. Baxter
President
Virginia Beach Council of Civic Organizations
0
Background Information:
Tie property tax rates to be adjusted to index assessments so that increases in
property taxes are kept in check.
11. Transportation
Daniel A. Baxter
President
Virginia Beach Council of Civic Organizations
Background Information:
Locking funds generated for Transportation into projects that impact
transportation. Such as mass transit and construction of projects to relieve
congestion. Encourage use of alternative power sources for transpiration through
incentives. Provide more aggressive oversight of regional public transit systems to
ensure they are meeting the transportation needs of the community.
12. VDOT Study on Telecommuting in Hampton Roads
0 Bob O'Connor
•
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: City of Virginia Beach — Street Closure (portion of Jefferson Avenue)
MEETING DATE: October 4, 2005
■ Background:
An Ordinance upon Application of the City of Virginia Beach for the
discontinuance, closure and abandonment of a portion of Jefferson Avenue
beginning on the north side of Virginia Beach Boulevard and extending 320 feet
in a northerly direction. DISTRICT 6 — BEACH
■ Considerations:
This portion of the street is within the project limits for the Virginia Beach
Convention Center. Closure of the street is necessary to incorporate the land
area into the proposed parking lot for the convention center.
The Comprehensive Plan recognizes this area as being within the Resort Area —
Old Beach District Center. The design and construction of the Virginia Beach
Convention Center is the key project to the District's redevelopment. The
successful completion of this project will be the genesis of many additional
improvements to follow.
The street closure viewers committee and staff recommend approval of this
request with the conditions listed in the staff report.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City
shall be determined according to the "Policy Regarding Purchase of City's
Interest in Streets Pursuant to Street Closures," approved by City Council.
Copies of the policy are available in the Planning Department. No
purchase price shall be charged in this street closure, however, because
the City is both the owner of the underlying fee and the applicant seeking
the street closure.
City of Virginia Beach — Jefferson Avenue
Page 2of2
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The plat must be
submitted and approved for recordation prior to final street closure
approval.
3. The applicant shall verify that no private utilities exist within the right-of-
way proposed for closure. Preliminary comments from the utility
companies indicate that there are no private utilities within the right-of-way
proposed for closure. If private utilities do exist, easements satisfactory to
the utility company, must be provided.
4. A public utility easement of sufficient width as determined by the
Department of Public Utilities shall be provided on the final plat.
5. Closure of the right-of-way shall be contingent upon compliance with the
above stated conditions within 365 days of approval by City Council. If the
conditions noted above are not accomplished and the final plat is not
approved within one year of the City Council vote to close the right-of-way
this approval shall be considered null and void.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Ordinance
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department 4-1
City Manager: S V- , (pt
CITY OF VIRGINIA
BEACH
Agenda Item # 9
August 10, 2005 Public Hearing
Staff Planner: Barbara Duke
REQUEST:
Discontinuance, closure and abandonment of a
portion of Jefferson Avenue
RT-3
ADDRESS / DESCRIPTION: Property located on the north side of Virginia Beach Boulevard and extending
320 feet in a northerly direction
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
N/A 6 - BEACH 15,749 square feet
SUMMARY OF REQUEST
This portion of the street is within the project limits for the
Virginia Beach Convention Center. Closure of the street is necessary to incorporate the land area into
the proposed parking lot for the convention center.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Parking lot for convention center is under construction
SURROUNDING LAND North: . Convention Center / RT-3 Resort Tourist District
USE AND ZONING: South: . Virginia Beach Boulevard
East: . Convention Center / RT-3 Resort Tourist District
West: 0 Convention Center/ RT-3 Resort Tourist District
NATURAL RESOURCE AND
CULTURAL FEATURES: There are no natural resources or cultural features on this site.
AICUZ: The site is in an AICUZ of 70-75 dB Ldn surrounding NAS Oceana.
CITY OF VIRGINIA BEACH — JEFFE
IMPACT ON CITY SERVICES
There is a 24" public water line and an 8" public sewer line within the area proposed for closure. A public utility
easement will need to be shown with the final plat.
Preliminary comments from private utility companies indicate that there are no private utilities within the
area proposed for closure.
The Comprehensive Plan recognizes this area as being within COMPREHENSIVE PLAN
the Resort Area — Old Beach District Center. The design and construction of the Virginia Beach
Convention Center is the key project to the District's redevelopment. The successful completion of this
project will be the genesis of may additional improvements to follow.
EVALUATION AND RECOMMENDATION
The street closure viewers committee and staff recommend approval of this request with the
recommended conditions listed below.
CONDITIONS
1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.
The purchase price to be paid to the City shall be determined according to the "Policy Regarding
Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies
of the policy are available in the Planning Department. No purchase price shall be charged in this
street closure, however, because the City is both the owner of the underlying fee and the applicant
seeking the street closure.
2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area
into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street
closure approval.
3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure.
Preliminary comments from the utility companies indicate that there are no private utilities within the
right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility
company, must be provided.
4. A public utility easement of sufficient width as determined by the Department of Public Utilities shall be
provided on the final plat.
5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions
within 365 days of approval by City Council. If the conditions noted above are not accomplished and
the final plat is not approved within one year of the City Council vote to close the right-of-way this
approval shall be considered null and void.
CITY OF VIRGINIA BEACH - JEFFE
NOW OR FORMERLY
MY OF VIRGIN BEACH
(D.B. 1764, P. 239) �4
(M.R 3, P. 24)
GPIX2417-76-6536
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(INST.#200306'060087692)
(INST.#2002072330059,07)
LPfN:2417-76-4609
)
L2,j ----7 Y
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(INST.#200306060087692)
(INST.#200207263007878)
GPIN:2417-76-5273
,_---NOW OR FORMERLY
CITY OF VIN, INIA BEACH
(D,R 1815, P. 615)
(M.B. 3, P. 24)
GPIN:2417-76-7545
NOW OR FORMERLY
NOW OR FORMERLY
COY Of VIRGINIA BMH aff OF VIRGINIA 13ECH
(INST.#2W2091830,34561) (D.K 1865, P. 754)
(M, 8, 3, P. 24)
(INST,#200207263007887) GPIN:2417-76-6469
GPI1:2417-76-6482
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(INST.#20020918304561)
NOW OR FORMERLY (INST.#200207263007887)
)CfTY OF VIRGINIA Obi GPIN-,24.7-76-7305
(INST.#200210013041641)
(INST.#200207263007885)
GPIN:2417-76-7227
1;016
NOW OR FORMERLY
'CITY OF VIRGINIA 8A
Am RUN MICHAR RTOLANO
(INST.#2-00210013041641) No.
(['NST.#200207263007885) 2385
GPIN-2417-76-7230 I,* i2
VIP-GINIA 13EACH BOULEVARD
(60' RIGHT—OF—WAY)
(M.B. 3, P. 24)
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SURVEY OF AREA TO BE C
CITY OF VIRGINIA BEACH — JEFFE
1
07/11/77
Rezoning to establish arts and
conference district
GRANTED
2
02/03/86
Conditional Use Permit for
multifamily dwellings
DENIED
3
12/21/81
Street Closure
GRANTED
4
01/12/99
Street Closure
GRANTED
5
04/03/80
Conditional Use Permit (athletic
club)
GRANTED
ZONING
CITY OF VIRGINIA BEACH — JEFFE
DISCLOSURE STATEMENT
_._ ... _... _..... _.
4 APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm. business, or other unincorporated
j organization, complete the following:
I1. List the applicant :name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
AW Iva rr �l tt a ?i i .� JR� o',rtd..
2 List all businesses that have a that have a parent -subsidiary' or affiliated business
entity relationship with the applicant: (Attach list if necessary)
Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant,
If the property owner is a corporation, partnership. firm, business, or other
unincorporated organization, complete the following.
Ap- A1. List the property owner naive followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
._._._ ................. . ................ _
. _ __d _._
2. List all businesses that have a that have a parent -subsidiary' or affiliated business
(00i) i
entity` relationship with the applicant. (Attach list if necessary)
Q Check here if the property owner is NOT a corporation, partnership, firm, business,
or other unincorporated organization.
& ` See next page for footnotes
Strer„r C.:rosu fi Anpkc tdmn
Page 13 r 1 r
CITY OF VIRGINIA BEACH — JEFFE
too
DISCLOSURE
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, and legal services: (Attach list if
necessary)
1 "Parent -subsidiary relationship" means `a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation." See State and Local Government Conflict of
Interests Act, Va. Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than
parent -subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entitles; there are common or commingled funds or assets, the business entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
CERTIFICATION: I certify that the information contained herein is true; and accurate.
t understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing, I am responsible for obtaining and posting the required
sign on the subject property at least 30 days prior to the scheduled public hearing
accor ; g to the instructions in this package.
1-01
,g
. _... _...........
plicant's Signature Print Name
Praperty w°ner's rgri kure l3f dif€erent than ap lic grit) Print Name
S4eet GIns re App< irati,,,,t
Page 14 of 14
CITY OF VIRGINIA BEACH — JEFFERSON A!
Agenda[
NUE
`t#9
.ge 7
Item #9
City of Virginia Beach
An Ordinance upon Application of the City of Virginia Beach
for the discontinuance, closure, and abandonment of a portion
of Jefferson Avenue beginning on the north side of Virginia
Beach Boulevard and extending 320 feet in a northerly direction
District 6
Beach
August 10, 2005
REGULAR
Dorothy Wood: Our next order of business is our regular agenda. Our Secretary Mr.
Strange will call the first item.
Joseph Strange: The first item is Item #9, the City of Virginia Beach. An ordinance upon
application of the City of Virginia Beach for the discontinuance, closure, and
abandonment of a portion of Jefferson Avenue beginning on the north side of Virginia
Beach Boulevard and extending 320 feet in a northerly direction, District 6, at the Beach.
Dorothy Wood: Is there any objection to this item?
Jerry Chaplain: Yes ma'am.
Dorothy Wood: Yes sir.
Jerry Chaplain: My name is Jerry Chaplain. I'm here representing my mother and my
family on this. We think that this should be deferred until the City acknowledges my
father's land ownership over there. He purchased all this land in 1949 with the streets
included. And once I think they're going to be abandoned, I think it reverts hack to my
father and my family. And also, there are some other little undesignated pieces of land in
this Virginia Beach plat, Virginia Beach Annex #2, which my father bought the entire
parcel there. And, we just think it should be deferred until we have a chance to meet with
the City and try to work out some agreement. They're just trying to ignore our property
rights, and they have tried to do it in the past. And I gave you all several letters where the
City, at that time, the reason why I had these letters was because we were maintaining
these streets. We were towing cars off of them. We had several problems. We had to go
to court so the City researched it, sent us that letter, went to court and won, of course, and
then another letter, eight years later, my father was going to dedicate some of those streets
over there to help put the Convention Center there and also the Veteran's Memorial but
he never did. I'm here protecting our family's interest in that. I would just like to see this
continued until the City can try to acknowledge us. We've been there for sixty years. My
father bought them. It's all researched. He paid good hard money for them. I think we
should not be ignored. That is the way I feel about that. It goes on all the streets,
Item #9
City of Virginia Beach
Page 2
anything pertaining to Virginia Beach Annex #2. Anything else, I'm not readily
concerned with.
Dorothy Wood: You're speaking now on Items 9-17 sir?
Jerry Chaplain: Yes ma'am. Right directly in front of the Convention Center from 19'h
Street towards the south, also a part of Washington Avenue that the Convention Center is
actually sitting on right now. We also have a stake in that. We still own half of Virginia
Beach Annex #2 on the southern side of Virginia Beach Boulevard. Anyway to make a
long story short, we just feel like we have a strong claim on those streets. I see myself
beeping here. But anyway, we would just hope you could defer this until we can meet
with the City and maybe work out something because we do honestly feel we worked
hard, and paid for this land. My father did and my mother and she is adamant about it.
She knows she owns them.
Dorothy Wood: Thank you Mr. Chaplain. We appreciate it.
Jerry Chaplain: Thank you ma'am.
Dorothy Wood: Mr. Macali?
Bill Macali: Yes ma'am.
Dorothy Wood: Since we're not a legal body, could you please give us some advice?
Bill Macali: I think you should probably go forward with it. One of the conditions is that
the City Attorney's Office will make the determination regarding the underlying fee. If
we determine that Mr. Chaplain and his family or indeed anybody else has an interest in
the property, we would then have to acquire it. There is really no reason not to go
forward at this time. If it does appear at any time that anyone else has an interest in it, the
City will have to acquire the property. So, we think you should go forward with it.
Dorothy Wood: Are there any comments? Mr. Knight.
Barry Knight: Mr. Macali, if we were to go forward with this today and approve these
street closures with the ownership possibly still in question, is that going to put the
Chaplains in a detrimental position as far as their bargaining power goes?
Bill Macali: No sir, it would not. If they have any ownership interest in the property it
can be inserted in a legal proceeding. There is absolutely no detriment to them by doing
this. Again, the streets are not closed for sometime. This is not the final street closure so
there is plenty of time to determine all that.
Dorothy Wood: Are there any other comments? Mr. Miller?
Item #9
City of Virginia Beach
Page 3
Robert Miller: Title searches are done when we're dealing with property rights and so
forth, I'm sure. Have they been done on this property?
Bill Macali: I would like to refer that question to another attorney in our office who
handles street closure matters.
Robert Miller: Okay.
Bill Macali: Becky Kuban.
Dorothy Wood: Welcome Ms. Kuban.
Becky Kuban: Thank you very much.
Dorothy Wood: Would you please give your name?
Becky Kuban: I'm sorry. I'm Becky Kuban with the City Attorney's Office. I'm in the
real estate section, and I was personally involved in the acquisition phase for the parking
lot area. There was 25 acres that the City acquired. When we did the preparation work
for the condemnation, what we did was we did title work specifically on each of the
streets that were in the cross section of where the parking lot is now located, as well as
where the BMP is. The title work showed that the title was in each of the owners of the
adjacent properties to the streets so that when you transfer the title to the property, the
title to the street would go with it. In order to make sure that happened, and in fact when
we acquired property from Mr. Billy Chaplain, we included the phrase "together with all
right, title and interest in any of the streets, rights -of -ways, alleys, etc." that would be
pertinent to the property. So from each of the individual owners we acquired both the fee
of the parcel that they owned as well as any rights they had in the adjacent streets. There
was also some title that we had in the streets themselves from prior acquisitions, which
we had from a fee from Virginia Beach Annex Corporation from many decades ago. So,
we are confident that we have the title but we would be happy to speak with Mr. Chaplain
to resolve the issue.
Robert Miller: Would you take the pointer that is up at the top of the podium there, and
you've acquired the property along each one of these parcels that are being requested to
be closed?
Becky Kuban: That's right. Let's see. We have Virginia Beach Boulevard here. That's
171h Street. I9th Street. We acquired 25 acres that went from where this yellow line is
here. These parcels all along up 19th Street, come down Jefferson. Actually, come all the
way down to here, and then Virginia Beach Boulevard. Let's see right in here. It was
kind of like an "U. We acquired 25 acres of all of those parcels either by deed or by
condemnation in different proceedings. And we have completed those acquisitions and
have vested title from the court.
Item #9
City of Virginia Beach
Page 4
Robert Miller: Every parcel that fronts on any of those proposed street closures, the City
now owns?
Becky Kuban: That is correct.
Robert Miller: There are no exceptions?
Becky Kuban: No sir. We have 100 percent ownership of all of the parcels in there. We
resolved the last one. There was one outstanding where we had right of entry but that title
was vested, I believe last December.
Robert Miller: Thank you.
Dorothy Wood: Thank you. Are there any other questions for her?
Ronald Ripley: I have a question. You mentioned Virginia Beach Annex #2, and that
was the developer of the original subdivision?
Becky Kuban: I would have to go back and look. I'm quoting from the title report that
we received. The title company made note of deeds to the City of Virginia Beach from
Virginia Beach Annex Corporation.
Ronald Ripley: Do you think you bought all their rights and interest to the streets?
Becky Kuban: That is my understanding but if we hadn't we would of, and what I said
was even if we would have gotten those we would have gotten them again here if there
was anything that was outstanding at that time. So, I would be interested to know what
Mr. Chaplain is referring to, and would be happy to address it with him.
Ronald Ripley: I understand. Thank you.
Dorothy Wood: Are there any other questions? Thank you so much for coming down
today.
Becky Kuban: Thank you.
Dorothy Wood: Are there any comments? Jan.
Janice Anderson: I understand that Mr. Chaplain believes that his parents might have an
interest in these streets but Ms. Kuban has stated that they have done a title certificate on
the property, and they believe that the City owns it, and that is what the staff report
indicated to us is that they owned the underlying fee. I wouldn't have a problem going
forward on this application, and I would make a recommendation for approval of these
items. I think the main issue before us is not really the title issues but whether there is
Item #9
City of Virginia Beach
Page 5
any public use requirement for these streets anymore. But the property has been acquired
by the City through condemnation or by deed for the parking lot for the Pavilion, so far as
a public use for these streets that go through that parking lot, I believe that there is no
longer a public use and I think that is really our position today. So, if there are title issues
that need to be cleared up, I think that could be taken in another process that is not really
ours here today. That is one of the conditions that the City Attorney would determine
ownership. There are public easements already on all of these roads. There is public
water. There is public sewer, so those would be also in the streets. So, I would
recommend that we go ahead and approve Items 9-17.
Ronald Ripley: Second.
Dorothy Wood: A motion by Ms. Anderson and seconded by Mr. Ripley that we
approved Item 9-17. Do we need to read each one Mr. Macali?
Bill Macali: No ma'am. So long as it is clear that Items 9-17 are all the street closures
being considered.
Dorothy Wood: These are the street closures on Jefferson Avenue, Monroe Avenue,
Monroe Avenue, Parks Avenue, Washington Avenue, Washington Avenue, Norfolk
Place, Parks Avenue, and Parks Avenue. Is that correct? We have a motion and a second
please.
AYE 11 NAY 0 ABS 0
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
MILLER
AYE
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
ABSENT 0
Ed Weeden: By a vote of 11-0, Items 9-17 has been approved for the street closures.
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ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET SHOWN AS AN "AREA OF STREET
CLOSURE: 15,749 SQ. FT. OR 0.362 ACRE" AS
SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT
SHOWING A PORTION OF JEFFERSON AVENUE
VIRGINIA BEACH ANNEX NO. 2 (M.B. 3, P.24) (M.B.
154, P. 7) TO BE CLOSED AND VACATED AS A
PUBLIC RIGHT-OF-WAY VIRGINIA BEACH,
VIRGINIA CIP 9-018":
WHEREAS, the City of Virginia Beach applied to the Council of the City of
Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and
vacated; and
WHEREAS, it is the judgment of the Council that said street be discontinued,
closed, and vacated, subject to certain conditions having been met on or before one (1) year from
City Council's adoption of this Ordinance;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia:
GPIN's: 2417-76-6536, 2417-76-4609, 2417-76-5273, 2417-76-7545, 2417-76-6469, 2417-76-
6482, 2417-76-7305, 2417-76-7227 and 2417-76-7230
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SECTION I
That the hereinafter described street be discontinued, closed and vacated, subject
to certain conditions being met on or before one (1) year from City Council's adoption of this
ordinance:
All that certain piece or parcel of land situate, lying and being in
the City of Virginia Beach, Virginia, designated and described as
"AREA OF STREET CLOSURE: 15,749 SQ. FT. OR 0.362
ACRE" as shown on that certain plat entitled "PLAT SHOWING
A PORTION OF JEFFERSON AVENUE VIRGINIA BEACH
ANNEX NO. 2 (M.B. 3, P.24) (M.B. 154, P. 7) TO BE CLOSED
AND VACATED AS A PUBLIC RIGHT-OF-WAY VIRGINIA
BEACH, VIRGINIA CIP 9-018" Scale: 1'= 100', dated August
12, 2003 and revised through January 14, 2005, prepared by
Rouse-Sirine Associates, LTD, a copy of which is attached hereto
as Exhibit A.
SECTION II
The following conditions must be met on or before one (1) year from City
Council's adoption of this ordinance:
1. The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City is normally
determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to
Street Closures," approved by City Council. Copies of said policy are available in the Planning
Department. No purchase price shall be charged in this street closure, however, because the
City is both the owner of the underlying fee and the applicant seeking this street closure.
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted
and approved for recordation prior to final street closure approval.
E
68 3. The applicant shall verify that no private utilities exist within the right-of-
69 way proposed for closure. Preliminary comments from the utility companies indicate that there
7o are no private utilities within the right-of-way proposed for closure. If private utilities do exist,
71 the applicant shall provide easements satisfactory to the utility companies.
72 4. A public utility easement of sufficient width as determined by the
73 Department of Public Utilities shall be provided on the final plat.
74 5. Closure of the right-of-way shall be contingent upon compliance with the
75 above stated conditions within one year of approval by City Council. If all conditions noted
76 above are not in compliance and the final plat is not approved within one year of the City
77 Council vote to close the street, this approval will be considered null and void.
78
79 SECTION III
80
81 l . If the preceding conditions are not fulfilled on or before October 3, 2006,
82 this Ordinance will be deemed null and void without further action by the City Council.
83 2. If all conditions are met on or before October 3, 2006, the date of final
84 closure is the date the street closure ordinance is recorded by the City Attorney.
85
86 SECTION IV
87 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
88 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
89 VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH as "Grantee."
90
3
90 Adopted by the Council of the City of Virginia Beach, Virginia, on this day
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of , 2005.
CA-8953
August 15, 2005
H:\OID\REAL ESTATE\Street Closure\Convention Center Street ClosuresUefferson Ave CA8953.ORD.doc
4
APPROVED AS TO CONTENT:
Planning Department
APPROVED AS TO LEGAL
SUFFICIENCY:
�. &&YA�
City Attorney
EXA I N T A
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(INST. #200306060087692)
(INST.#200207233005907)
GPIN_2417-76-46� L2
N:,54/b4bb./Y / z
E:12217593.69 4
NOW OR FORMERLY Ns
CITY OF VIRGINIA BEACH
(I NST. #200306060087692)
(I NST. #200207263007878)
GPIN:2417-76-5273 N
0
0
C
N:3476146.12
E:12217670.69
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(D.B. 1764, P. 239)
(M.B. 3, P. 24)
GPIN:2417-76-6536 i NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(D.B. 1815, P. 615)
(M.B. 3, P. 24)
a� GPIN:2417-76-7545
NOW OR FORMERLY
NOW OR FORMERLY CITY OF VIRGINIA BEACF
CITY OF VIRGINIA BEACH (D.B. 1865, P. 754)
(INST.#200209183034561) (M.B. 3, P. 24)
(INST.#200207263007887) GPIN:2417-76-6469
GPIN:2417-76-6482
-- NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(INST.#200209183034561)
G-' NOW OR FORMERLY (INST.#200207263007887)
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1 (INST.#200210013041641)
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N CITY OF VIRGINIA BEACH MICHAEL ORTOLANO z
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(IN GPIN2204170776307230 5) 2385
$ -/2 -03
VIRGINIA BEACH BOULEVARD U.S. ROUTE 58
(60' RIGHT—OF—WAY)
(M.B. 3, P. 24)
NUMBER
RADIUS
DELTA
ARC
TANGENT
CHORD
CHORD BEARING
Cl
420.00'
08'57'44"
65.70'
32.92'
65.63'
NO2'25'18"E
C2
380.00'
15'40'41"
103.98'
52.32'
103.66'
1 S06'19'55"E
NUMBER
DIRECTION
DISTANCE
L1
N31'04'34"E
21.21'
L2
N7548'37"E
9.34'
L3
N06.54" O"E
33.05'
L4
Sl V09'21"E
79.09'
L5
N76'10'20"E
14.18'
L6
S58'49'57"E
21.16'
L7
S76'09'06"W
69.96'
INUICAItS AKLA Ut
RIGHT—OF—WAY TO BE
CLOSED
AREA OF STREET CLOSURE:
15,749 SQ. FT. OR 0.362 ACRE
APPROVED:
DIRECTOR OF PLANNING
APPROVED:
DIRECTOR OF PUBLIC WORKS
DATE:
DATE:
PLAT SHOWING A PORTION OF JEFFERSON AVENUE
VIRGINIA BEACH ANNEX NO. 2
(M.B. 3, P. 24)(M.B. 154, P. 7)
TO BE CLOSED AND VACATED AS A
PUBLIC RIGHT-OF-WAY
VIRGINIA BEACH, VIRGINIA
SCALE: 1 "=100' CIP 9-018 AUGUST 12, 2003
REVISED JANUARY 14, 2005
ROUSE-SIRINE ASSOCIATES, LTD.
q;CASURVEYORS AND MAPPING CONSULTANTS
333 OFFlCE SQUARE LANE
VIRGINIA BEACH, VIRGINIA 23462
TEL.(757)490-2308•www.rouse— sirine.com
0 100 200 300 FEET
GRAPHIC SCALE
J.O. #12200-8 ACAD:12200-8 Jefferson Revised.dwg
tV r; 5j�
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: City of Virginia Beach — Street Closure (portion of Monroe Avenue)
MEETING DATE: October 4, 2005
■ Background:
An Ordinance upon Application of the City of Virginia Beach for the
discontinuance, closure and abandonment of a portion of Monroe Avenue
beginning on the north side of Virginia Beach Boulevard and extending
approximately 355.64 feet in a northerly direction. DISTRICT 6 — BEACH
■ Considerations:
This portion of the street is within the project limits for the Virginia Beach
Convention Center. Closure of the street is necessary to incorporate the land
area into the proposed parking lot for the convention center.
The Comprehensive Plan recognizes this area as being within the Resort Area —
Old Beach District Center. The design and construction of the Virginia Beach
Convention Center is the key project to the District's redevelopment. The
successful completion of this project will be the genesis of many additional
improvements to follow.
The street closure viewers committee and staff recommend approval of this
request with the conditions provided in the staff report.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
1. The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City
shall be determined according to the "Policy Regarding Purchase of City's
Interest in Streets Pursuant to Street Closures," approved by City Council.
Copies of the policy are available in the Planning Department. No
purchase price shall be charged in this street closure, however, because
the City is both the owner of the underlying fee and the applicant seeking
the street closure.
City of Virginia Beach — Monroe Ave. (N. side of Virginia Beach Blvd.)
Page 2 of 2
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The plat must be
submitted and approved for recordation prior to final street closure
approval.
3. The applicant shall verify that no private utilities exist within the right-of-
way proposed for closure. Preliminary comments from the utility
companies indicate that there are no private utilities within the right-of-way
proposed for closure. If private utilities do exist, easements satisfactory to
the utility company, must be provided.
4. A public utility easement of sufficient width as determined by the
Department of Public Utilities shall be provided on the final plat.
5. Closure of the right-of-way shall be contingent upon compliance with the
above stated conditions within 365 days of approval by City Council. If the
conditions noted above are not accomplished and the final plat is not
approved within one year of the City Council vote to close the right-of-way
this approval shall be considered null and void.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Ordinance
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department ��-
City Manager: l(—'�Ydot
CITY OF VIRGINIA
BEACH
Agenda Item # 10
August 10, 2005 Public Hearing
Staff Planner: Barbara Duke
REQUEST:
Discontinuance, closure and abandonment of a
portion of Monroe Avenue
o�s
RT 31\ m
ADDRESS / DESCRIPTION: Property beginning on the north side of Virginia Beach Boulevard and extending
approximately 355.64 feet in a northerly direction.
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
N/A 6 — BEACH 17,227 square feet
This portion of the street is within the project limits for the SUMMARY OF REQUEST
Virginia Beach Convention Center. Closure of the street is
necessary to incorporate the land area into the proposed parking lot for the convention center.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Parking lot for convention center is under construction
SURROUNDING LAND North: • Convention Center / RT-3 Resort Tourist District
USE AND ZONING: South: 0 Virginia Beach Boulevard
East: . Convention Center / RT-3 Resort Tourist District
West: 0 Convention Center/ RT-3 Resort Tourist District
NATURAL RESOURCE AND
CULTURAL FEATURES: There are no natural resources or cultural features on this site.
AICUZ: The site is in an AICUZ of 70-75 dB Ldn surrounding NAS Oceana.
CITY OF VIRGINIA BEACH — MO
IMPACT ON CITY SERVICES
There is an existing 6" public water line and an 8" sewer line located in the area proposed for closure. A
public utility easement will need to be shown on the final plat. Preliminary comments from private utility
companies indicate that there are no private utilities within the area proposed for closure.
The Comprehensive Plan recognizes this area as being within
COMPREHENSIVE PLAN
the Resort Area — Old Beach District Center. The design and construction of the Virginia Beach
Convention Center is the key project to the District's redevelopment. The successful completion of this
project will be the genesis of may additional improvements to follow.
The street closure viewers EVALUATION AND RECOMMENDATION
committee and staff recommend
approval of this request with the
conditions provided below.
CONDITIONS
1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.
The purchase price to be paid to the City shall be determined according to the "Policy Regarding
Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies
of the policy are available in the Planning Department. No purchase price shall be charged in this
street closure, however, because the City is both the owner of the underlying fee and the applicant
seeking the street closure.
2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area
into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street
closure approval.
3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure.
Preliminary comments from the utility companies indicate that there are no private utilities within the
right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility
company, must be provided.
4. A public utility easement of sufficient width as determined by the Department of Public Utilities shall be
provided on the final plat.
5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions
within 365 days of approval by City Council. If the conditions noted above are not accomplished and
the final plat is not approved within one year of the City Council vote to close the right-of-way this
approval shall be considered null and void.
CITY OF VIRGINIA BEACH -
0>
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(D.B. 1815. P. 615)
(M.S. 3, P. 24)
GPIN:2417-76-7545 N82*07',30-,
NOW OR FORMERLY
MY OF VIRGINIA BEACH
(INST,#2002=63022660)
(INST.#200207263007882)
GPIN;2417-76-7479
NOW OR FORMERLY
CITY OF \ARGINIA BEACH
(114$t#20020801301 1 M) (M.S. 3, P. 24)
(INST.#200207263007877)
(D.B. 1869, P. 744)
GPIN:2417-76-7492
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No. j;;!
,2385
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INDICATES AREA OF
RICHT-OF-WAY TO
BE CLOSED
NOW OR FORMERLY
MY OF VIRGINIA BEACH
(INST.#200307030101213)
(INS1#200207263007889)
GPIN.-2417-76-8228
AREA OF STREET CLOSURE.-
17.227 SQ. FT. OR 0.396 ACRE
29
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(6NsT.#2oo302280031739)
(INST,#200207153001349)
GP1N.2417-76-9665
Lu �o
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(FORMERLY SHORE tVINDS, A
CONDOMINIUM, 55 UNITS -
SEE SHft7 2 OF 2 FOR
A04JISITION INFORMATION)
c. NOW OR FORMERLY
CITY OF VIRGiNfA BEACH
(INST.#200307030101214)
(INST.0002439063028793)
03 OPIN2417-76-9265
Vebf i 61H
VIRGINIA BEACH BOULEVARD —
(60' RIGHT-OF-WAY)
(M.B. 3. P, 2*)
U.S. ROUTE 58
IVA
+-
• •,
-�
Its
'
,gr
1
07/11/77
Rezoning to establish arts and
conference center
GRANTED
2
02/03/86
Conditional Use Permit for
multifamily
DENIED
3
12/21/81
Street Closure
GRANTED
4
01/12/99
Street Closure
GRANTED
5
04/13/80
Conditional Use Permit for athletic
club
GRANTED
APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1, List the applicant narne followed by the names of all officers, members, trustees,
partners, etc. below-, (Attach list if necessary)
2. List all businesses that have a that have a parent -subsidiary' or affiliated business
entity relationship with the applicant: (Attach list if necessary,)
1 Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization,
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business; or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc, below: (Attach list if necessary)
2. List all businesses that have a that have a parent -subsidiary' or affiliated business
entity relationship with the applicant: (Attach list if necessaty)
Cl Check here if the property owner is NOT a corporation, partnership, firm„ business,
or other unincorporated organization.
& ` See, next pane for footnotes
Street t',icsWre A pAcat on
PDOin' 13 of 14
CITY OF VIRGINIA BEACH — MO
E��_,DISCLOSURE STATEENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, and legal services: (Attach list if
necessary)
.... ......
' "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation."See State and Local Government Conflict of
Interests Act, Va, Code § 2,2-3101,
`'.Affiliated business entity relationship" means "a relationship, other than
parent -subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared'
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities; there are common or commingled finds or assets; the business entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis: or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing, I am responsible for obtaining and posting the required
sign on the subject property at least 30 days prior to the scheduled public: hearing
accord' 9 to the instructions in this package.
f
Ile* s tom , �
F pli .ant's &gnetu�ra Print Name
Pr 3p r �� tag ner's 19na'ture of diffeforst than appli.-arl-0 Print Marne
rir�; E?t CIns+.ire Alpplii at: on
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CITY OF VIRGINIA BEACH -
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F-
a
IOE AVENUE
nda Item # 10
Page 7
Item # 10
City of Virginia Beach
An Ordinance upon Application of the City of Virginia Beach
for the discontinuance, closure, and abandonment of a portion
of Monroe Avenue beginning on the north side of Virginia
Beach Boulevard and extending approximately 355.64 feet
in a northerly direction
District 6
Beach
August 10, 2005
REGULAR
Dorothy Wood: Our next order of business is our regular agenda. Our Secretary Mr.
Strange will call the first item.
Joseph Strange: The first item is Item #10, the City of Virginia Beach. An ordinance
upon application of the City of Virginia Beach for the discontinuance, closure, and
abandonment of a portion of Monroe Avenue beginning on the north side of `'irginia
Beach Boulevard and extending approximately 355.64 feet in a northerly direction,
District 6, at the Beach.
Dorothy Wood: Is there any objection to this item?
Jerry Chaplain: Yes ma'am.
Dorothy Wood: Yes sir.
Jerry Chaplain: My name is Jerry Chaplain. I'm here representing my mother and my
family on this. We think that this should be deferred until the City acknowledges my
father's land ownership over there. He purchased all this land in 1949 with the streets
included. And once I think they're going to be abandoned, I think it reverts back to my
father and my family. And also, there are some other little undesignated pieces of land in
this Virginia Beach plat, Virginia Beach Annex #2, which my father bought the entire
parcel there. And, we just think it should be deferred until we have a chance to meet with
the City and try to work out some agreement. They're just trying to ignore our property
rights, and they have tried to do it in the past. And I gave you all several letters where the
City, at that time, the reason why I had these letters was because we were maintaining
these streets. We were towing cars off of them. We had several problems. We had to go
to court so the City researched it, sent us that letter, went to court and won, of course, and
then another letter, eight years later, my father was going to dedicate some of those streets
over there to help put the Convention Center there and also the Veteran's Memorial but
he never did. I'm here protecting our family's interest in that. I would just like to see this
continued until the City can try to acknowledge us. We've been there for sixty years. My
father bought them. It's all researched. He paid good hard money for them. I think we
Item # 10
City of Virginia Beach
Page 2
should not be ignored. That is the way I feel about that. It goes on all the streets,
anything pertaining to Virginia Beach Annex #2. Anything else, I'm not readily
concerned with.
Dorothy Wood: You're speaking now on Items 9-17 sir?
Jerry Chaplain: Yes ma'am. Right directly in front of the Convention Center from 191h
Street towards the south, also a part of Washington Avenue that the Convention Center is
actually sitting on right now. We also have a stake in that. We still own half of Virginia
Beach Annex #2 on the southern side of Virginia Beach Boulevard. Anyway to make a
long story short, we just feel like we have a strong claim on those streets. I see myself
beeping here. But anyway, we would just hope you could defer this until we can meet
with the City and maybe work out something because we do honestly feel we worked
hard, and paid for this land. My father did and my mother and she is adamant about it.
She knows she owns them.
Dorothy Wood: Thank you Mr. Chaplain. We appreciate it.
Jerry Chaplain: Thank you ma'am.
Dorothy Wood: Mr. Macali?
Bill Macali: Yes ma'am.
Dorothy Wood: Since we're not a legal body, could you please give us some advice?
Bill Macali: I think you should probably go forward with it. One of the conditions is that
the City Attorney's Office will make the determination regarding the underlying fee. If
we determine that Mr. Chaplain and his family or indeed anybody else has an interest in
the property, we would then have to acquire it. There is really no reason not to go
forward at this time. If it does appear at any time that anyone else has an interest in it, the
City will have to acquire the property. So, we think you should go forward with it.
Dorothy Wood: Are there any comments? Mr. Knight.
Barry Knight: Mr. Macali, if we were to go forward with this today and approve these
street closures with the ownership possibly still in question, is that going to put the
Chaplains in a detrimental position as far as their bargaining power goes?
Bill Macali: No sir, it would not. If they have any ownership interest in the property it
can be inserted in a legal proceeding. There is absolutely no detriment to them by doing
this. Again, the streets are not closed for sometime. This is not the final street closure so
there is plenty of time to determine all that.
Item # 10
City of Virginia Beach
Page 3
Dorothy Wood: Are there any other comments? Mr. Miller?
Robert Miller: Title searches are done when we're dealing with property rights and so
forth, I'm sure. Have they been done on this property?
Bill Macali: I would like to refer that question to another attorney in our office who
handles street closure matters.
Robert Miller: Okay.
Bill Macali: Becky Kuban.
Dorothy Wood: Welcome Ms. Kuban.
Becky Kuban: Thank you very much.
Dorothy Wood: Would you please give your name?
Becky Kuban: I'm sorry. I'm Becky Kuban with the City Attorney's Office. I'm in the
real estate section, and I was personally involved in the acquisition phase for the parking
lot area. There was 25 acres that the City acquired. When we did the preparation work
for the condemnation, what we did was we did title work specifically on each of the
streets that were in the cross section of where the parking lot is now located, as well as
where the BMP is. The title work showed that the title was in each of the owners of the
adjacent properties to the streets so that when you transfer the title to the property, the
title to the street would go with it. In order to make sure that happened, and in fact when
we acquired property from Mr. Billy Chaplain, we included the phrase "together with all
right, title and interest in any of the streets, rights -of -ways, alleys, etc." that would be
pertinent to the property. So from each of the individual owners we acquired both the fee
of the parcel that they owned as well as any rights they had in the adjacent streets. There
was also some title that we had in the streets themselves from prior acquisitions, which
we had from a fee from Virginia Beach Annex Corporation from many decades ago. So,
we are confident that we have the title but we would be happy to speak with Mr. Chaplain
to resolve the issue.
Robert Miller: Would you take the pointer that is up at the top of the podium there, and
you've acquired the property along each one of these parcels that are being requested to
be closed?
Becky Kuban: That's right. Let's see. We have Virginia Beach Boulevard here. That's
17th Street. 19t' Street. We acquired 25 acres that went from where this yellow line is
here. These parcels all along up 19th Street, come down Jefferson. Actually, come all the
way down to here, and then Virginia Beach Boulevard. Let's see right in here. It was
kind of like an "U. We acquired 25 acres of all of those parcels either by deed or by
Item #10
City of Virginia Beach
Page 4
condemnation in different proceedings. And we have completed those acquisitions and
have vested title from the court.
Robert Miller: Every parcel that fronts on any of those proposed street closures, the City
now owns?
Becky Kuban: That is correct.
Robert Miller: There are no exceptions?
Becky Kuban: No sir. We have 100 percent ownership of all of the parcels in there. We
resolved the last one. There was one outstanding where we had right of entry but that title
was vested, I believe last December.
Robert Miller: Thank you.
Dorothy Wood: Thank you. Are there any other questions for her?
Ronald Ripley: I have a question. You mentioned Virginia Beach Annex #2, and that
was the developer of the original subdivision?
Becky Kuban: I would have to go back and look. I'm quoting from the title report that
we received. The title company made note of deeds to the City of Virginia Beach from
Virginia Beach Annex Corporation.
Ronald Ripley: Do you think you bought all their rights and interest to the streets?
Becky Kuban: That is my understanding but if we hadn't we would of, and what I said
was even if we would have gotten those we would have gotten them again here if there
was anything that was outstanding at that time. So, I would be interested to know what
Mr. Chaplain is referring to, and would be happy to address it with him.
Ronald Ripley: I understand. Thank you.
Dorothy Wood: Are there any other questions? Thank you so much for coming down
today.
Becky Kuban: Thank you.
Dorothy Wood: Are there any comments? Jan.
Janice Anderson: I understand that Mr. Chaplain believes that his parents might have an
interest in these streets but Ms. Kuban has stated that they have done a title certificate on
the property, and they believe that the City owns it, and that is what the staff report
indicated to us is that they owned the underlying fee. I wouldn't have a problem going
Item #10
City of Virginia Beach
Page 5
forward on this application, and I would make a recommendation for approval of these
items. I think the main issue before us is not really the title issues but whether there is
any public use requirement for these streets anymore. But the property has been acquired
by the City through condemnation or by deed for the parking lot for the Pavilion, so far as
a public use for these streets that go through that parking lot, I believe that there is no
longer a public use and I think that is really our position today. So, if there are title issues
that need to be cleared up, I think that could be taken in another process that is not really
ours here today. That is one of the conditions that the City Attorney would determine
ownership. There are public easements already on all of these roads. There is public
water. There is public sewer, so those would be also in the streets. So, I would
recommend that we go ahead and approve Items 9-17.
Ronald Ripley: Second.
Dorothy Wood: A motion by Ms. Anderson and seconded by Mr. Ripley that we
approved Item 9-17. Do we need to read each one Mr. Macali?
Bill Macali: No ma'am. So long as it is clear that Items 9-17 are all the street closures
being considered.
Dorothy Wood: These are the street closures on Jefferson Avenue, Monroe Avenue,
Monroe Avenue, Parks Avenue, Washington Avenue, Washington Avenue, Norfolk
Place, Parks Avenue, and Parks Avenue. Is that correct? We have a motion and a second
please.
AYE 11 NAY 0 ABS 0
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
MILLER
AYE
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
ABSENT 0
Ed Weeden: By a vote of 11-0, Items 9-17 has been approved for the street closures.
I
ORDINANCE NO.
2 IN THE MATTER OF CLOSING, VACATING AND
3 DISCONTINUING A PORTION OF THAT CERTAIN
4 STREET SHOWN AS AN "AREA OF STREET
5 CLOSURE: 17,227 SQ. FT. OR 0.396 ACRE" AS
6 SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT
7 SHOWING PORTION OF MONROE AVENUE
8 VIRGINIA BEACH ANNEX NO. 2 (M.B. 3, P.24) (M.B.
9 162, P. 41) TO BE CLOSED AND VACATED AS A
10 PUBLIC RIGHT-OF-WAY VIRGINIA BEACH, .
11 VIRGINIA CIP 9-018":
12 WHEREAS, the City of Virginia Beach applied to the Council of the City of
13 Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and
14 vacated; and
15 WHEREAS, it is the judgment of the Council that said street be discontinued,
16 closed, and vacated, subject to certain conditions having been met on or before one (1) year from
17 City Council's adoption of this Ordinance;
18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
19 Beach, Virginia:
20 GPIN's: See Schedule `A' attached hereto and made apart hereof for all GPIN Numbers
21
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
SECTION I
That the hereinafter described street be discontinued, closed and vacated, subject
to certain conditions being met on or before one (1) year from City Council's adoption of this
ordinance:
All that certain piece or parcel of land situate, lying and being in
the City of Virginia Beach, Virginia, designated and described as
"AREA OF STREET CLOSURE: 17,227 SQ. FT. OR 0.396
ACRE" as shown on that certain plat entitled "PLAT SHOWING
PORTION OF MONROE AVENUE VIRGINIA BEACH ANNEX
NO. 2 (M.B. 3, P.24) (M.B. 162, P. 41) TO BE CLOSED AND
VACATED AS A PUBLIC RIGHT-OF-WAY VIRGINIA
BEACH, VIRGINIA CIP 9-018" Scale: 1"= 50', dated August 19,
2003 and revised through January 14, 2005, prepared by Rouse-
Sirine Associates, LTD, a copy of which is attached hereto as
Exhibit A.
SECTION II
The following conditions must be met on or before one (1) year from City
Council's adoption of this ordinance:
1. The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City is normally
determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to
Street Closures," approved by City Council. Copies of said policy are available in the Planning
Department. No purchase price shall be charged in this street closure, however, because the
City is both the owner of the underlying fee and the applicant seeking this street closure.
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted
and approved for recordation prior to final street closure approval.
3. The applicant shall verify that no private utilities exist within the right-of-
50 way proposed for closure. Preliminary comments from the utility companies indicate that there
51 are no private utilities within the right-of-way proposed for closure. If private utilities do exist,
52 the applicant shall provide easements satisfactory to the utility companies.
53 4. A Public utility easement of sufficient width as determined by the
54 Department of Public Utilities shall be provided on the final plat.
55 5. Closure of the right-of-way shall be contingent upon compliance with the
56 above stated conditions within one year of approval by City Council. If all conditions noted
57 above are not in compliance and the final plat is not approved within one year of the City
58 Council vote to close the street, this approval will be considered null and void.
59
SECTION III
60 1. If the preceding conditions are not fulfilled on or before October 3, 2006,
61 this Ordinance will be deemed null and void without further action by the City Council.
62 2. If all conditions are met on or before October 3, 2006, the date of final
63 closure is the date the street closure ordinance is recorded by the City Attorney.
64 SECTION IV
65 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
66 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
67 VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH as "Grantee."
R
68 Adopted by the Council of the City of Virginia Beach, Virginia, on this day
69 of 2005.
70 CA-9657
71 August 15, 2005
72 HAOID REAL ESTATE\Street Closure\Convention Center Street Closures\Monroe Ave CA9657.ORD.doc
73 APPROVED AS TO QCONTENT:
74
75 Planning Department
76 APPROVED AS TO LEGAL
77 SUFFICIENCY:
78
79 City Attorney
SCHEDULE A
2417-76-7575
2417-76-9571-5890
2417-76-7479
2417-76-9571-5895
2417-76-7492
2417-76-9571-5925
2417-76-8228
2417-76-9571-5935
2417-76-9265
2417-76-9571-5910
2417-76-9665
2417-76-9571-5930
2417-76-9571-5865
2417-76-9571-5860
2417-76-9571-5810
2417-76-9571-5780
2417-76-9571-5690
2417-76-9571-5900
2417-76-9571-5710
2417-76-9571-5845
2417-76-9571-5765
2417-76-9571-5770
241.7-76-9571-5850
2417-76-9571-5905
2417-76-9571-5685
2417-76-9571-5725
2417-76-9571-5760
2417-76-9571-5825
2417-76-9571-5755
2417-76-9571-5815
2417-76-9571-5855
2417-76-9571-5750
2417-76-9571-5885
2417-76-9571-5735
2417-76-9571-5800
2417-76-9571-5790
2417-76-9571-5940
2417-76-9571-5795
2417-76-9571-5730
2417-76-9571-5805
2417-76-9571-5835
2417-76-9571-5785
2417-76-9571-5880
2417-76-9571-5950
2417-76-9571-5700
2417-76-9571-5830
2417-76-9571-5705
2417-76-9571-5840
2417-76-9571-5715
2417-76-9571-5945
2417-76-9571-5875
2417-76-9571-5955
2417-76-9571-5820
2417-76-9571-5695
2417-76-9571-5920
2417-76-9571-5745
2417-76-9571-5870
2417-76-9571-5915
2417-76-9571-5740
2417-76-9571-5775
2417-76-9571-5720
EX141131T A
CURVE TABLE
NUMBER
RADIUS
I DELTA
I ARC
I TANGENT
I CHORD
I CHORD BEARING
Cl
380.00'
18'50'30"
124.96'
63.05'
124.40'
1 N23'19'07"W
LINE TABLE
NUMBER
DIRECTION
DISTANCE
Ll
N31'08'14"E
21.16'
L2
N76'10'20"E
20.40'
L3
N76'03'48"E
4.61'
L4
S76'03'48"W
5.00'
L5
S58'56'12"E
21.26'
TH C;
.ai-f-1
MICHAEL 7
ORTOLANO
No.
2385
-03
�q I -l4 off�pQ'
`N6 i.J A0
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(D.B. 1815, P. 615)
(M.B. 3, P. 24)
GPIN-241717-76 _7545 _L2
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(INST.#200208263022660)
(INST.#200207263007882)
GPIN:2417-76-7479
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(INST.#200208013011045)(M.B. 3, P. 24)
(INST.#200207263007877)
(D.B. 1869, P. 744)
GPIN:2417-76-7492 -_--
LEGEND
INDICATES AREA OF
RIGHT—OF—WAY TO
BE CLOSED
z
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(INST.#200307030101213) u
(INST.#200207263007889) u
GPIN:2417-76-8228
AREA OF STREET CLOSURE:
17,227 SQ. FT. OR 0.396 ACRE
iL3
m
W
N DDG rn
�7 �y N
m m
�m�
N
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CA
01
00
A
c0
V
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(INST.#200302280031739)
(INST.#200207153001349)
GPIN:24 7-76-9665
s�co
ti'
ulQ t2
N Q
U a 2
y
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(FORMERLY SHORE WINDS, A
CONDOMINIUM, 55 UNITS —
SEE SHEET 2 OF 2 FOR
AQUISITION INFORMATION)
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(INST.#200307030101214)
(INST.#200209063028793)
GPIN:2417-76-9265
S702 16"W
VIRGINIA BEACH BOULEVARD — U.S. ROUTE 58
(60' RIGHT—OF—WAY)
APPROVED: DATE: (M.B. 3, P. 24)
DIRECTOR OF PLANNING
APPROVED: DATE:
DIRECTOR OF PUBLIC WORKS PLAT SHOWING PORTION OF
MONROE AVENUE
VIRGINIA BEACH ANNEX NO. 2
(M.B. 3, P. 24)(M.B. 162, P. 41)
TO BE CLOSED AND VACATED AS A PUBLIC RIGHT—OF—WAY
VIRGINIA BEACH, VIRGINIA
SCALE: 1 "=50' CIP 9-01 S AUGUST 19, 2003
REVISED JAiNUARY 14, 2OGb
ROUSE-SIRINE ASSOCIATES, LTD.
SURVEYORS AND MAPPING CONSULTANTS
333 OFFICE SQUARE LANE
VIRGINIA BEACH, VIRGINIA 23452
TEL. (757)490-2308•www.rouse—sirine.com
0 25 50 100 150 FEET
GRAPHIC SCALE SHEET .1 OF 2
J.O. #12200--8-2 ACAD:12200-8-2 MONROE SOUTH REVISED.dwg
TABLE SHOWING AQUISITION INFORMATION OF THE
FORMERLY 55 UNITS OF SHORE WINDS,
A CONDOMINIUM,
BY THE CITY OF VIRGINIA BEACH
INST.#
GPIN:
200209123032039
2417-76-9571-5865
200211253070248
2417-76-9571-5810
200302120021482
2417-76=9571-5690
200305010067379
2417-76-9571-5710
200305070071031
2417-76-9571-5765
200312170209743
2417-76-9571-5850
200401130006921
2417-76-9571-5685
200404280066663
1 2417-76-9571-5760-
200405200078679
2417-76-9571-5755
200405200078680
2417-76-9571-5855
200406030086589
2417-76-9571-5885
200406030086591
2417-76-9571-5800
200406030086599
2417-76-9571-5940
200406030086600
2417-76-9571-5730
200406080089250
2417-76-9571-5835
200406090090737
2417-76-9571-5880
200406100091316
2417-76-9571-5700
200406100091317
2417-76-9571-5705
200406100091317
2417-76-9571-5715
200406100091317
2417-76-9571-5875
200406100091322
2417-76-9571-5820
200406100091322
2417-76-9571-5920
200406100091323
2417-76-9571-5870
200406110092278
2417-76-9571-5740
200406110092294
2417-76-9571-5890
200406110092296
2417-76-9571-5895
200406110092296
2417-76-9571-5925
200406110092296
2417-76-9571-5935
200406110092301
2417-76-9571-5910
200406110092302
2417-76-9571-5930
200406110092306
2417-76-9571-5860
200406110092307
2417-76-9571-5780
200406110092308
2417-76-9571-5900
200406110092313
2417-76-9571-5845
200406110092315
2417-76-9571-5770
200406110092316
2417-76-9571-5905
200406110092317
2417-76-9571-5725
200406110092317
2417-76-9571-5825
200406180095424
2417-76-9571-5815
200406230098025
2417-76-9571-5750
200406230098026
2417-76-9571-5735
200406230098027
2417-76-9571-5790
200406230098027
2417-76-9571-5795
200406230098032
2417-76-9571-5805
200406230098035
2417-76-9571-5785
200406230098039
2417-76-9571-5950
200406290099860
2417-76-9571-5830
20040629OG99860
2417-76-9571-5840
200407090105467
2417-76-9571-5945
200407090105467
2417-76-9571-5955
200407150109321
2417-76-9571-5695
200407150109321
2417-76-9571-5745
004072 101 12230
2417-76-9571-5915
200407300119093 1
2417-76-9571-5775
200408240134821 1
2417-76-9571-5720
APPROVED: DATE: qq
DIRECTOR OF PLANNING Al MICHAEL J... OLANO Z
v No. a
APPROVED: DATE-, 2385
DIRECTOR OF PUBLIC WORKS PLAT SHOWING PORTION OF S-�°� 03
MONROE AVENUE
SUR���
VIRGINIA BEACH ANNEX NO. 2
(M.B. 3, P. 24)(M.B. 162, P. 41)
TO BE CLOSED AND VACATED AS A PUBLIC RIGHT-OF-WAY
VIRGINIA BEACH, VIRGINIA
SCALE: 1"=5CIP 9-0180' AUGUST 19, 2003
REVISED JANUARY 14, 2005
(InkROUSE-SIRINE ASSOCIATES LTD.
SURVEYORS AND MAPPING CONSULTANTS
333 OFFICE SQUARE LANE
VIRGINIA BEACH, VIRGINIA 23462
TEL. (757)490-2308•www.rouse—sirine.com
0. 25 50 100 150 FEET
GRAPHIC SCALE SHEEP 2 OF 2
J.O. #12200-8-2 ACAD:12200-8-2 MONROE SOUTH REVISED.dwg
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: City of Virginia Beach — Street Closure (portion of Monroe Avenue)
MEETING DATE: October 4, 2005
■ Background:
An Ordinance upon Application of the City of Virginia Beach for the
discontinuance, closure and abandonment of a portion of Monroe Avenue
beginning on the south side of 19th Street and extending approximately 278.89
feet in a southerly direction. DISTRICT 6 — BEACH
■ Considerations:
This portion of the street is within the project limits for the Virginia Beach
Convention Center. Closure of the street is necessary to incorporate the land
area into the proposed parking lot for the convention center.
The Comprehensive Plan recognizes this area as being within the Resort Area —
Old Beach District Center. The design and construction of the Virginia Beach
Convention Center is the key project to the District's redevelopment. The
successful completion of this project will be the genesis of many additional
improvements to follow.
The street closure viewers committee and staff recommend approval of this
request with conditions provided in the staff report.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City
shall be determined according to the "Policy Regarding Purchase of City's
Interest in Streets Pursuant to Street Closures," approved by City Council.
Copies of the policy are available in the Planning Department. No
purchase price shall be charged in this street closure, however, because
the City is both the owner of the underlying fee and the applicant seeking
the street closure.
City of Virginia Beach — Monroe Ave. (S. side of 191h St.)
Page 2of2
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The plat must be
submitted and approved for recordation prior to final street closure
approval.
3. The applicant shall verify that no private utilities exist within the right-of-
way proposed for closure. Preliminary comments from the utility
companies indicate that there are no private utilities within the right-of-way
proposed for closure. If private utilities do exist, easements satisfactory to
the utility company, must be provided.
4. A public utility easement of sufficient width as determined by the
Department of Public Utilities shall be provided on the final plat.
5. Closure of the right-of-way shall be contingent upon compliance with the
above stated conditions within 365 days of approval by City Council. If the
conditions noted above are not accomplished and the final plat is not
approved within one year of the City Council vote to close the right-of-way
this approval shall be considered null and void.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Ordinance
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager: Slam- 'S6Kkt
CITY OF VIRGINIA
BEACH
Agenda Item # 11
August 10, 2005 Public Hearing
Staff Planner: Barbara Duke
REQUEST:
Discontinuance, closure and abandonment of a
portion of Monroe Avenue
W
RT 3
ADDRESS / DESCRIPTION: Property beginning on the south side of 19'h Street and extending approximately
278.89 feet in a southerly direction.
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
N/A 6 — BEACH 11,074 square feet
SUMMARY OF REQUEST
This portion of the street is within the project limits for the
Virginia Beach Convention Center. Closure of the street is necessary to incorporate the land area into
the proposed parking lot for the convention center.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Parking lot for convention center is L-oder construction
SURROUNDING LAND North:
Convention Center / RT-3 Resort Tourist District
USE AND ZONING: South:
0 Convention Center/RT-3 Resort Tourist District
East:
0 Convention Center / RT-3 Resort Tourist District
West:
. Convention Center/ RT-3 Resort Tourist District
NATURAL RESOURCE AND
CULTURAL FEATURES: There are no natural resources or cultural features on this site.
AICUZ: The site is in an AICUZ of 70-75 dB Ldn surrounding NAS Oceana.
CITY OF VIRGINIA BEACH — MO
IMPACT ON CITY SERVICES
There is an existing 6" public water line and an 8" sewer line located in the area proposed for closure. A public
utility easement will need to be shown on the final plat. Preliminary comments from private utility companies
indicate that there are no private utilities within the area proposed for closure.
The Comprehensive Plan recognizes this area as being within COMPREHENSIVE PLAN
the Resort Area — Old Beach District Center. The design and
construction of the Virginia Beach Convention Center is the key project to the District's redevelopment.
The successful completion of this project will be the genesis of may additional improvements to follow.
The street closure viewers E
committee and staff recommend VALUATION AND RECOMMENDATION
approval of this request with
conditions provided below.
CONDITIONS
1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.
The purchase price to be paid to the City shall be determined according to the "Policy Regarding
Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies
of the policy are available in the Planning Department. No purchase price shall be charged in this
street closure, however, because the City is both the owner of the underlying fee and the applicant
seeking the street closure.
2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area
into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street
closure approval.
3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure.
Preliminary comments from the utility companies indicate that there are no private utilities within the
right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility
company, must be provided.
4. A public utility easement of sufficient width as determined by the Department of Public Utilities shall be
provided on the final plat.
5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions
within 365 days of approval by City Council. If the conditions noted above are not accomplished and
the final plat is not approved within one year of the City Council vote to close the right-of-way this
approval shall be considered null and void.
t
Q ��T.
�
, /
All
as
■ �9woo
i
OUT-
4,
a
Al 7 TJ IA
19TH STREET
(VARIABLE WIDTH R/W)
(M.B. 3, P. 24)(M.6, 121, P. 54)
w N76'1 6'08"
0 40,,
1p
NOW OR FORMERLY
City OF VIRGINIA BEACH
Z
(D.13, 1734, P. 601)
(M.8, 18, P. 2)
GPIN:2417-76-7618
NOW OR FORMERLY
MY OF VIRGINIA BEACH
(D.B. 1815, P. 615)
(M-B, 3, P. 24)
GPIN:2417-76-7545
21
2*07 3-
S8()
mu cu
so
LEGEND
INDICATES AREA OF
;u
b 4-
RIGHT-OF-WAY TO BE
CLOSED
AREA OF STREET CLOSURE-
11,074 SO. FT. OR 0.254 ACRE
E: 12217790,79
NOW OR FORMERLY
Cj7Y OF VIRGINK BDCH
(INST.#200303310048444)
(I N ST. #200207233005270)
GPIN:2417-76-8738
NOW OR FORMERLY
*--Cl7Y OF VIRGINIA BEACH
(INST.#200411090178939)
(INST.#200207223005091)
GPIN:2417-76-8750
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(INST.#200302280031739)
(INST.#200207153001349)
— GPIN:2417-76-9665
N:3476558.44
E:12217857.15
1 MIME ? ORTOtANO
No.
-2385
w- Z-Q�
SURVEY OF AREA TO BE
CITY OF VIRGINIA BEACH —
1
07/11/77
Rezoning to establish arts and
conference district
GRANTED
2
02/03/86
Conditional Use Permit for
Multifamily
DENIED
3
12/21/81
Street Closure
GRANTED
4
01/12/99
Street Closure
GRANTED
5
04/13/80
Conditional Use Permit for athletic
club
GRANTED
ZONING HISTORY
CITY OF VIRGINIA BEACH —
2
r--"Wp—
Aft
LL_ -1 -SC L
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, mernbers, trustees,
partners, etc, below: (Attach list if necessary)
2. List all businesses that have a that have a parent -subsidiary' or affiliated business
entity'' relationship with the applicant: (Attach list if necessary)
Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization,
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc, below., (Attach list if neGOSSato
. . ........ .... CIT�_ . .....
2. List al -I businesses that have a that have a pare nt-subsidia ry 1 or affiliated businessentity relationship with the applicant', (Attach list if necessary)
Check here if the property owner is NOT a corporation, partnership, firm, business,
or other unincorporated organization,
See next r,-,3qe for footnotes
Street Gle-��;,ve Applicnfion
Page
CITY OF VIRGINIA BEACH -
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, and legal services: (Attach list if
necessary) �
_. � ......... .... ...
_ �e ..... .....
_............. .............. .. —_— .------
` 'Parent subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares ,possessing more than 50 percent of the
voting power of another corporation." See State and Local Government Conflict of
Interests Act, Va. Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than
parent -subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship,,,,,
includethatthe same person or substantially the same person own or manage the two
entities; there are common or commingled funds or assets; the business entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis; or there is otherwise a close working relationship
between the entities."See State'and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
._ �.._._.
CERTIFICATION: I certify that the information contained herein is true and accurate
understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing, I am responsible for obtaining and posting the required
sign on the subject property at least 30 clays prior to the scheduled public hearing
acto the instructions in this package.
to — ._� � _
Xp4ficanfs Signature Nana
--
Property 0\vner s Signature (if dif.e re nt than apDlicant) -- Pint Name
G t:s d r!Y ? 2003
CITY OF VIRGINIA BEACH - MO
Item #11
City of Virginia Beach
An Ordinance upon Application of the City of Virginia Beach
for the discontinuance, closure, and abandonment of a portion
of Monroe Avenue beginning on the south side of 191h Street
and extending approximately 278.89 feet in a southerly direction
District 6
Beach
August 10, 2005
REGULAR
Dorothy Wood: Our next order of business is our regular agenda. Our Secretary Mr.
Strange will call the first item.
Joseph Strange: The first item is Item #11, the City of Virginia Beach. An ordinance
upon application of the City of Virginia Beach for the discontinuance, closure, and
abandonment of a portion of Monroe Avenue beginning on the south side of 19th Street
and extending approximately 278.89 feet in a southerly direction, District 6, at the Beach.
Dorothy Wood: Is there any objection to this item?
Jerry Chaplain: Yes ma'am.
Dorothy Wood: Yes sir.
Jerry Chaplain: My name is Jerry Chaplain. I'm here representing my mother and my
family on this. We think that this should be deferred until the City acknowledges my
father's land ownership over there. He purchased all this land in 1949 with the streets
included. And once I think they're going to be abandoned, I think it reverts back to my
father and my family. And also, there are some other little undesignated pieces of land in
this Virginia Beach plat, Virginia Beach Annex #2, which my father bought the entire
parcel there. And, we just think it should be deferred until we have a chance to meet with
the City and try to work out some agreement. They're just trying to ignore our property
rights, and they have tried to do it in the past. And I gave you all several letters where the
City, at that time, the reason why I had these letters was because we were maintaining
these streets. We were towing cars off of them. We had several problems. We had to go
to court so the City researched it, sent us that letter, went to court and won, of course, and
then another letter, eight years later, my father was going to dedicate some of those streets
over there to help put the Convention Center there and also the Veteran's Memorial but
he never did. I'm here protecting our family's interest in that. I would just like to see this
continued until the City can try to acknowledge us. We've been there for sixty years. My
father bought them. It's all researched. He paid good hard money for them. I think we
should not be ignored. That is the way I feel about that. It goes on all the streets,
Item # 11
City of Virginia Beach
Page 2
anything pertaining to Virginia Beach Annex #2. Anything else, I'm not readily
concerned with.
Dorothy Wood: You're speaking now on Items 9-17 sir?
Jerry Chaplain: Yes ma'am. Right directly in front of the Convention Center from 191h
Street towards the south, also a part of Washington Avenue that the Convention Center is
actually sitting on right now. We also have a stake in that. We still own half of Virginia
Beach Annex #2 on the southern side of Virginia Beach Boulevard. Anyway to make a
long story short, we just feel like we have a strong claim on those streets. I see myself
beeping here. But anyway, we would just hope you could defer this until we can meet
with the City and maybe work out something because we do honestly feel we worked
hard, and paid for this land. My father did and my mother and she is adamant about it.
She knows she owns them.
Dorothy Wood: Thank you Mr. Chaplain. We appreciate it.
Jerry Chaplain: Thank you ma'am.
Dorothy Wood: Mr. Macali?
Bill Macali: Yes ma'am.
Dorothy Wood: Since we're not a legal body, could you please give us some advice?
Bill Macali: I think you should probably go forward with it. One of the conditions is that
the City Attorney's Office will make the determination regarding the underlying fee. If
we determine that Mr. Chaplain and his family or indeed anybody else has an interest in
the property, we would then have to acquire it. There is really no reason not to go
forward at this time. If it does appear at any time that anyone else has an interest in it, the
City will have to acquire the property. So, we think you should go forward with it.
Dorothy Wood: Are there any comments? Mr. Knight.
Barry Knight: Mr. Macali, if we were to go forward with this today and approve these
street closures with the ownership possibly still in question, is that going to put the
Chaplains in a detrimental position as far as their bargaining power goes?
Bill Macali: No sir, it would not. If they have any ownership interest in the property it
can be inserted in a legal proceeding. There is absolutely no detriment to them by doing
this. Again, the streets are not closed for sometime. This is not the final street closure so
there is plenty of time to determine all that.
Dorothy Wood: Are there any other comments? Mr. Miller?
Item #11
City of Virginia Beach
Page 3
Robert Miller: Title searches are done when we're dealing with property rights and so
forth, I'm sure. Have they been done on this property?
Bill Macali: I would like to refer that question to another attorney in our office who
handles street closure matters.
Robert Miller: Okay.
Bill Macali: Becky Kuban.
Dorothy Wood: Welcome Ms. Kuban.
Becky Kuban: Thank you very much.
Dorothy Wood: Would you please give your name?
Becky Kuban: I'm sorry. I'm Becky Kuban with the City Attorney's Office. I'm in the
real estate section, and I was personally involved in the acquisition phase for the parking
lot area. There was 25 acres that the City acquired. When we did the preparation work
for the condemnation, what we did was we did title work specifically on each of the
streets that were in the cross section of where the parking lot is now located, as well as
where the BMP is. The title work showed that the title was in each of the owners of the
adjacent properties to the streets so that when you transfer the title to the property, the
title to the street would go with it. In order to make sure that happened, and in fact when
we acquired property from Mr. Billy Chaplain, we included the phrase "together with all
right, title and interest in any of the streets, rights -of -ways, alleys, etc." that would be
pertinent to the property. So from each of the individual owners we acquired both the fee
of the parcel that they owned as well as any rights they had in the adjacent streets. There
was also some title that we had in the streets themselves from prior acquisitions, which
we had from a fee from Virginia Beach Annex Corporation from many decades ago. So,
we are confident that we have the title but we would be happy to speak with Mr. Chaplain
to resolve the issue.
Robert Miller: Would you take the pointer that is up at the top of the podium there, and
you've acquired the property along each one of these parcels that are being requested to
be closed?
Becky Kuban: That's right. Let's see. We have Virginia Beach Boulevard here. That's
17th Street. 19th Street. We acquired 25 acres that went from where this yellow line is
here. These parcels all along up 19th Street, come down Jefferson. Actually, come all the
way down to here, and then Virginia Beach Boulevard. Let's see right in here. It was
kind of like an "U. We acquired 25 acres of all of those parcels either by deed or by
condemnation in different proceedings. And we have completed those acquisitions and
have vested title from the court.
Item # 11
City of Virginia Beach
Page 4
Robert Miller: Every parcel that fronts on any of those proposed street closures, the City
now owns?
Becky Kuban: That is correct.
Robert Miller: There are no exceptions?
Becky Kuban: No sir. We have 100 percent ownership of all of the parcels in there. We
resolved the last one. There was one outstanding where we had right of entry but that title
was vested, I believe last December.
Robert Miller: Thank you.
Dorothy Wood: Thank you. Are there any other questions for her?
Ronald Ripley: I have a question. You mentioned Virginia Beach Annex #2, and that
was the developer of the original subdivision?
Becky Kuban: I would have to go back and look. I'm quoting from the title report that
we received. The title company made note of deeds to the City of Virginia Beach from
Virginia Beach Annex Corporation.
Ronald Ripley: Do you think you bought all their rights and interest to the streets?
Becky Kuban: That is my understanding but if we hadn't we would of, and what I said
was even if we would have gotten those we would have gotten them again here if there
was anything that was outstanding at that time. So, I would be interested to know what
Mr. Chaplain is referring to, and would be happy to address it with him.
Ronald Ripley: I understand. Thank you.
Dorothy Wood: Are there any other questions? Thank you so much for coming down
today.
Becky Kuban: Thank you.
Dorothy Wood: Are there any comments? Jan.
Janice Anderson: I understand that Mr. Chaplain believes that his parents might have an
interest in these streets but Ms. Kuban has stated that they have done a title certificate on
the property, and they believe that the City owns it, and that is what the staff report
indicated to us is that they owned the underlying fee. I wouldn't have a problem going
forward on this application, and I would make a recommendation for approval of these
items. I think the main issue before us is not really the title issues but whether there is
Item # 11
City of Virginia Beach
Page 5
any public use requirement for these streets anymore. But the property has been acquired
by the City through condemnation or by deed for the parking lot for the Pavilion, so far as
a public use for these streets that go through that parking lot, I believe that there is no
longer a public use and I think that is really our position today. So, if there are title issues
that need to be cleared up, I think that could be taken in another process that is not really
ours here today. That is one of the conditions that the City Attorney would determine
ownership. There are public easements already on all of these roads. There is public
water. There is public sewer, so those would be also in the streets. So, I would
recommend that we go ahead and approve Items 9-17.
Ronald Ripley: Second.
Dorothy Wood: A motion by Ms. Anderson and seconded by Mr. Ripley that we
approved Item 9-17. Do we need to read each one Mr. Macali?
Bill Macali: No ma'am. So long as it is clear that Items 9-17 are all the street closures
being considered.
Dorothy Wood: These are the street closures on Jefferson Avenue, Monroe Avenue,
Monroe Avenue, Parks Avenue, Washington Avenue, Washington Avenue, Norfolk
Place, Parks Avenue, and Parks Avenue. Is that correct? We have a motion and a second
please.
AYE 11 NAY 0
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
MILLER
AYE
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
ABS 0 ABSENT 0
Ed Weeden: By a vote of 11-0, Items 9-17 has been approved for the street closures.
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ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET SHOWN AS AN "AREA OF STREET
CLOSURE: 11,074 SQ. FT. OR 0.254 ACRE" AS
SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT
SHOWING A PORTION OF MONROE AVENUE PLAN
OF PROPERTY LOCATED IN VA BEACH ANNEX #2
(M.B. 18, P.2) TO BE CLOSED AND VACATED AS A
PUBLIC RIGHT-OF-WAY VIRGINIA BEACH,
VIRGINIA CIP 9-018":
WHEREAS, the City of Virginia Beach applied to the Council of the City of
Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and
vacated; and
WHEREAS, it is the judgment of the Council that said street be discontinued,
closed, and vacated, subject to certain conditions having been met on or before one (1) year from
City Council's adoption of this Ordinance;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia:
GPIN's: 2417-76-7618, 2417-76-7545, 2417-76-8738, 2417-76-8750 and 2417-76-9665
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SECTION I
That the hereinafter described street be discontinued, closed and vacated, subject
to certain conditions being met on or before one (1) year from City Council's adoption of this
ordinance:
All that certain piece or parcel of land situate, lying and being in
the City of Virginia Beach, Virginia, designated and described as
"AREA OF STREET CLOSURE: 11,074 SQ. FT. OR 0.254
ACRE" as shown on that certain plat entitled "PLAT SHOWING
A PORTION OF MONROE AVENUE PLAN OF PROPERTY
LOCATED IN VA BEACH ANNEX #2 (M.B. 18, P.2) TO BE
CLOSED AND VACATED AS A PUBLIC RIGHT-OF-WAY
VIRGINIA BEACH, VIRGINIA CEP 9-018" Scale: 1'= 100',
dated August 12, 2003 and revised through January 14, 2005,
prepared by Rouse-Sirine Associates, LTD, a copy of which is
attached hereto as Exhibit A.
SECTION II
The following conditions must be met on or before one (1) year from City
Council's adoption of this ordinance:
1. The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City is normally
determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to
Street Closures," approved by City Council. Copies of said policy are available in the Planning
Department. No purchase price shall be charged in this street closure, however, because the
City is both the owner of the underlying fee and the applicant seeking this street closure.
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted
and approved for recordation prior to final street closure approval.
2
67 3. The applicant shall verify that no private utilities exist within the right-of-
68 way proposed for closure. Preliminary comments from the utility companies indicate that there
69 are no private utilities within the right-of-way proposed for closure. If private utilities do exist,
70 the applicant shall provide easements satisfactory to the utility companies.
71 4. A public utility easement of sufficient width as determined by the
72 Department of Public Utilities shall be provided on the final plat.
73 5. Closure of the right-of-way shall be contingent upon compliance with the
74 above stated conditions within one year of approval by City Council. If all conditions noted
75 above are not in compliance and the final plat is not approved within one year of the City
76 Council vote to close the street, this approval will be considered null and void.
77
78 SECTION III
79
80 1. If the preceding conditions are not fulfilled on or before October 3, 2006,
81 this Ordinance will be deemed null and void without further action by the City Council.
82 2. If all conditions are met on or before October 3, 2006, the date of final
83 closure is the date the street closure ordinance is recorded by the City Attorney.
84
85 SECTION IV
86 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
87 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
88 VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH as "Grantee."
89
3
89 Adopted by the Council of the City of Virginia Beach, Virginia, on this
90 of , 2005.
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93 CA-9654
94 August 15, 2005
95 HAOIDWEAL ESTATE\Street Closure\Convention Center Street ClosuresWonroe Ave CA9654.ORD.doc
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98 APPROVED AS TO CONTENT:
99 g• iS. ds
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101 Planning Department
102
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104 APPROVED AS TO LEGAL
105 SUFFICIENCY:
10
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108 City Attorney
109
4
day
O
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: City of Virginia Beach — Street Closure (portion of Parks Avenue)
MEETING DATE: October 4, 2005
■ Background:
An Ordinance upon Application of the City of Virginia Beach for the
discontinuance, closure and abandonment of a portion of Parks Avenue
beginning on the north side of 18th Street and extending approximately 300.04
feet to the south side of 19th Street. DISTRICT 6 — BEACH
■ Considerations:
This portion of the street is within the project limits for the Virginia Beach
Convention Center. Closure of the street is necessary to incorporate the land
area into the proposed parking lot for the convention center.
The Comprehensive Plan recognizes this area as being within the Resort Area —
Old Beach District Center. The design and construction of the Virginia Beach
Convention Center is the key project to the District's redevelopment. The
successful completion of this project will be the genesis of many additional
improvements to follow.
The street closure viewers committee and staff recommend approval of this
request with conditions provided in the staff report.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City
shall be determined according to the "Policy Regarding Purchase of City's
Interest in Streets Pursuant to Street Closures," approved by City Council.
Copies of the policy are available in the Planning Department. No
purchase price shall be charged in this street closure, however, because
the City is both the owner of the underlying fee and the applicant seeking
the street closure.
City of Virginia Beach — Portion of Parks Avenue
Page 2 of 2
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The plat must be
submitted and approved for recordation prior to final street closure
approval.
3. The applicant shall verify that no private utilities exist within the right-of-
way proposed for closure. Preliminary comments from the utility
companies indicate that there are no private utilities within the right-of-way
proposed for closure. If private utilities do exist, easements satisfactory to
the utility company, must be provided.
4. A public utility easement of sufficient width as determined by the
Department of Public Utilities shall be provided on the final plat.
5. Closure of the right-of-way shall be contingent upon compliance with the
above stated conditions within 365 days of approval by City Council. If the
conditions noted above are not accomplished and the final plat is not
approved within one year of the City Council vote to close the right-of-way
this approval shall be considered null and void.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Ordinance
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department 4-1
City Manager: S %�
CITY OF VIRGINIA
BEACH
Agenda Item # 12
August 10, 2005 Public Hearing
Staff Planner: Barbara Duke
REQUEST:
Discontinuance, closure and abandonment of a
portion of Parks Avenue
ADDRESS / DESCRIPTION: Property located on the north side of 18th Street and extending approximately
300.04 feet to the south side of 19th Street.
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
N/A 6 — BEACH 17,904 square feet
SUMMARY OF REQUEST
This portion of the street is within the project limits for the Virginia Beach Convention Center. Closure of
the street is necessary to incorporate the land area into the proposed parking lot for the convention
center.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Parking lot for convention center is under construction
SURROUNDING LAND North: . Convention Center / RT-3 Resort Tourist District
USE AND ZONING: South: . 18th Street
East: . Convention Center / RT-3 Resort Tourist District
West: 0 Convention Center/ RT-3 Resort Tourist District
NATURAL RESOURCE AND
CULTURAL FEATURES: There are no natural resources or cultural features on this site.
AICUZ: The site is in an AICUZ of 70-75 dB Ldn surrounding NAS Oceana.
CITY OF VIRGINIA BEACH — P
IMPACT ON CITY SERVICES
There is an existing 15" public sewer line located in the area proposed for closure. A public utility easement
will need to be shown on the final plat. Preliminary comments from private utility companies indicate that there
are no private utilities within the area proposed for closure.
The Comprehensive Plan recognizes this area as being COMPREHENSIVE PLAN
within the Resort Area — Old Beach District Center. The
design and construction of the Virginia Beach Convention Center is the key project to the District's
redevelopment. The successful completion of this project will be the genesis of may additional
improvements to follow.
The street closure viewers EVALUATION AND RECOMMENDATION
committee and staff recommend
approval of this request with conditions provided below.
CONDITIONS
1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.
The purchase price to be paid to the City shall be determined according to the "Policy Regarding
Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies
of the policy are available in the Planning Department. No purchase price shall be charged in this
street closure, however, because the City is both the owner of the underlying fee and the applicant
seeking the street closure.
2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area
into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street
closure approval.
3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure.
Preliminary comments from the utility companies indicate that there are no private utilities within the
right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility
company, must be provided.
4. A public utility easement of sufficient width as determined by the Department of Public Utilities shall be
provided on the final plat.
5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions
within 365 days of approval by City Council. If the conditions noted above are not accomplished and
the final plat is not approved within one year of the City Council vote to close the right-of-way this
approval shall be considered null and void.
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NOW OR FORMERLY
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(INSr.#209305060087692)
(INST.#20020722300%M)
GPIN:2417-86-6937
20- ALLEY (M.8. 55, P. 33)
NOW OR FORMERLY
MY OF VIRGINIA BEACH
(0,B, 3599, P. 2160)
(M.S. 55, P. 33)(M.B. 279, P. 62)
GPIN.,2417-86-5749
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MY OF VIRUNIA BEACH
(INST,#2003022800311740)
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18TH STREET
(60' RIGHT—OF—WAY)
(M B. 55, P. 33)
SURVEY OF AREA TO BE
CITY OF VIRGINIA BEACH - P
1
07/11/77
Rezoning to establish arts and
conference district
GRANTED
2
02/03/86
Conditional Use Permit for
multifamily
DENIED
3
12/21/81
Street Closure
GRANTED
4
01/12/99
Street Closure
GRANTED
5
04/13/80
Conditional Use Permit for athletic
club
GRANTED
ZONING
CITY OF VIRGINIA BEACH —
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant narne followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if tecessary)
_tMM_ d't ru ilflliV L_
2, List all businesses that have a that have a parent -subsidiary' or affiliated business
entity`' relationship with the applicant: (Attach list if necessary)
❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc, below: (attach list if necessary)
2. List all businesses that have a that have a parent -subsidiary' or affiliated business
entity relationship with the applicant: (Attach list if rnr;cessary)
❑ Check here if the property owner is NOT a corporation, partnership, firm, business,
or other unincorporated organization.
See next page f.or foot notL.s
StreEt fJ. ost,rr; f pr liraE z.n
M?
DISCLOSURE STATEM
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, and legal services'. (Attach list if
necessary)
. . . . . . ..............
. . ... . .......... . .... . .. .....
. . . .. . .......... . . ...........
" "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation-" See State and Local Government Conflict of
Interests Act, Va, Code § 2.2-3101 .
2 "Affiliated business entity relationship" means "a relationship, other than
parent -subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities; there are common or commingled funds or assets; the business entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, va-
Code § 2,2-3101 ,
CERTIFICATION: I certify that the information contained herein is true and accurate.
'
I understand that, upon receipt of notification (postcard) that the application has been
schedrled for public hearing, I am responsible for obtaining and posting the required
sign on the subject property at least 30 days prior to the scheduled public hearing
accord'A to the instructions in this package.
;
plicanfs Signature Print Name �11
Property Owner's Signatwe (if different than applicant) 0rtWNPme
Sir-e� Ch,:e Avpi;rabrn
paf: e 11 4 ot 14
CITY OF VIRGINIA BEACH — PAF
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Page 7
EXP 15JT
19T11 STREET
(VARIABLE WIDTH R/W)
(M.B. 3, P. 24)(M.B. 121, P. 54)
N:3476829.32
10 Z m N76' 16'08"E
E:12217790.79.00
0 40
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(INST.#200303310048444)
(INST.#200207233005270)
NOW OR FORMERLY
GPIN:2417-76-8738
o r W CITY OF VIRGINIA BEACH o�,----
NOW OR FORMERLY
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GPIN:2417-76-7618
(INST.#200207223005091)
GPIN:2417-76-8750
NOW OR FORMERLY
NOW OR FORMERLY � �
CITY OF VIRGINIA BEACH
_
CITY OF VIRGINIA BEACH _ _ `� `°
(INST.#200302280031739)
(D.B. 1815, P. 615) O
(INST.#200207153001349)
(M.B. 3, P. 24) — - -
- - — GPIN:2417-76-9665
GPIN:2417-76-7545 S82'07 301'
N:3476558.44
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LEGEND
INDICATES AREA OF " N
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RIGHT-OF-WAY TO BE vv
N°' a
CLOSED
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AREA OF STREET CLOSURE:
11,074 SQ. FT. OR 0.254 ACRE
S�/Z5o3
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SURD
APPROVED: DATE:
DIRECTOR OF PLANNING
APPROVED: DATE:
DIRECTOR OF PUBLIC WORKS
PLAT SHOWING A PORTION OF MONROE AVENUE
PLAN OF PROPERTY
LOCATED IN VA BEACH ANNEX #2
(M.B. 18, P. 2)
TO BE CLOSED AND VACATED AS A
PUBLIC RIGHT—OF—WAY
VIRGINIA BEACH, VIRGINIA
SCALE: 1 "=100' CIP 9-018 AUGUST 12, 2003
REVISED JANUARY 14, 2005
,WAROUSE—SIRINE ASSOCIATES, LTD.
SURVEYORS AND MAPPING CONSULTANTS
333 OFFICE SQUARE LANE
VIRGINIA BEACH, VIRGINIA 23462
TEL, (757)490-2308•www.rouse— sirine.com
0 100 200 300 FEET
GRAPHIC SCALE
J.O. #12200-8 ACAD:12200-8 Monroe Revised.dwg
Street Closure - Parks Ave.
Item # 12
City of Virginia Beach
An Ordinance upon Application of the City of Virginia Beach
for the discontinuance, closure, and abandonment of a portion
of Parks Avenue beginning on the north side of 181h Street
and extending approximately 300.04 feet to the south of 191h Street
District 6
Beach
August 10, 2005
REGULAR
Dorothy Wood: Our next order of business is our regular agenda. Our Secretary Mr.
Strange will call the first item.
Joseph Strange: The first item is Item #12, the City of Virginia Beach. An ordinance
upon application of the City of Virginia Beach for the discontinuance, closure, and
abandonment of a portion of Parks Avenue beginning on the north side of 18th Street and
extending approximately 300.04 feet to the south of 191h Street, District 6, at the Beach.
Dorothy Wood: Is there any objection to this item?
Jerry Chaplain: Yes ma'am.
Dorothy Wood: Yes sir.
Jerry Chaplain: My name is Jerry Chaplain. I'm here representing my mother and my
family on this. We think that this should be deferred until the City acknowledges my
father's land ownership over there. He purchased all this land in 1949 with the streets
included. And once I think they're going to be abandoned, I think it reverts back to my
father and my family. And also, there are some other little undesignated pieces of land in
this Virginia Beach plat, Virginia Beach Annex #2, which my father bought the entire
parcel there. And, we just think it should be deferred until we have a chance to meet with
the City and try to work out some agreement. They're just trying to ignore our property
rights, and they have tried to do it in the past. And I gave you all several letters where the
City, at that time, the reason why I had these letters was because we were maintaining
these streets. We were towing cars off of them. We had several problems. We had to go
to court so the City researched it, sent us that letter, went to court and won, of course, and
then another letter, eight years later, my father was going to dedicate some of those streets
over there to help put the Convention Center there and also the Veteran's Memorial but
he never did. I'm here protecting our family's interest in that. I would just like to see this
continued until the City can try to acknowledge us. We've been there for sixty years. My
father bought them. It's all researched. He paid good hard money for them. I think we
should not be ignored. That is the way I feel about that. It goes on all the streets,
Item # 12
City of Virginia Beach
Page 2
anything pertaining to Virginia Beach Annex #2. Anything else, I'm not readily
concerned with.
Dorothy Wood: You're speaking now on Items 9-17 sir?
Jerry Chaplain: Yes ma'am. Right directly in front of the Convention Center from 19tn
Street towards the south, also a part of Washington Avenue that the Convention Center is
actually sitting on right now. We also have a stake in that. We still own half of Virginia
Beach Annex #2 on the southern side of Virginia Beach Boulevard. Anyway to make a
long story short, we just feel like we have a strong claim on those streets. I see myself
beeping here. But anyway, we would just hope you could defer this until we can meet
with the City and maybe work out something because we do honestly feel we worked
hard, and paid for this land. My father did and my mother and she is adamant about it.
She knows she owns them.
Dorothy Wood: Thank you Mr. Chaplain. We appreciate it.
Jerry Chaplain: Thank you ma'am.
Dorothy Wood: Mr. Macali?
Bill Macali: Yes ma'am.
Dorothy Wood: Since we're not a legal body, could you please give us some advice?
Bill Macali: I think you should probably go forward with it. One of the conditions is that
the City Attorney's Office will make the determination regarding the underlying fee. If
we determine that Mr. Chaplain and his family or indeed anybody else has an interest in
the property, we would then have to acquire it. There is really no reason not to go
forward at this time. If it does appear at any time that anyone else has an interest in it, the
City will have to acquire the property. So, we think you should go forward with it.
Dorothy Wood: Are there any comments? Mr. Knight.
Barry Knight: Mr. Macali, if we were to go forward with this today and approve these
street closures with the ownership possibly still in question, is that going to put the
Chaplains in a detrimental position as far as their bargaining power goes?
Bill Macali: No sir, it would not. If they have any ownership interest in the property it
can be inserted in a legal proceeding. There is absolutely no detriment to them by doing
this. Again, the streets are not closed for sometime. This is not the final street closure so
there is plenty of time to determine all that.
Dorothy Wood: Are there any other comments? Mr. Miller?
Item #12
City of Virginia Beach
Page 3
Robert Miller: Title searches are done when we're dealing with property rights and so
forth, I'm sure. Have they been done on this property?
Bill Macali: I would like to refer that question to another attorney in our office who
handles street closure matters.
Robert Miller: Okay.
Bill Macali: Becky Kuban.
Dorothy Wood: Welcome Ms. Kuban.
Becky Kuban: Thank you very much.
Dorothy Wood: Would you please give your name?
Becky Kuban: I'm sorry. I'm Becky Kuban with the City Attorney's Office. I'm in the
real estate section, and I was personally involved in the acquisition phase for the parking
lot area. There was 25 acres that the City acquired. When we did the preparation work
for the condemnation, what we did was we did title work specifically on each of the
streets that were in the cross section of where the parking lot is now located, as well as
where the BMP is. The title work showed that the title was in each of the owners of the
adjacent properties to the streets so that when you transfer the title to the property, the
title to the street would go with it. In order to make sure that happened, and in fact when
we acquired property from Mr. Billy Chaplain, we included the phrase "together with all
right, title and interest in any of the streets, rights -of -ways, alleys, etc." that would be
pertinent to the property. So from each of the individual owners we acquired both the fee
of the parcel that they owned as well as any rights they had in the adjacent streets. There
was also some title that we had in the streets themselves from prior acquisitions, which
we had from a fee from Virginia Beach Annex Corporation from many decades ago. So,
we are confident that we have the title but we would be happy to speak with Mr. Chaplain
to resolve the issue.
Robert Miller: Would you take the pointer that is up at the top of the podium there, and
you've acquired the property along each one of these parcels that are being requested to
be closed?
Becky Kuban: That's right. Let's see. We have Virginia Beach Boulevard here. That's
171h Street. 19th Street. We acquired 25 acres that went from where this yellow line is
here. These parcels all along up 19th Street, come down Jefferson. Actually, come all the
way down to here, and then Virginia Beach Boulevard. Let's see right in here. It was
kind of like an "U. We acquired 25 acres of all of those parcels either by deed or by
condemnation in different proceedings. And we have completed those acquisitions and
have vested title from the court.
Item # 12
City of Virginia Beach
Page 4
Robert Miller: Every parcel that fronts on any of those proposed street closures, the City
now owns?
Becky Kuban: That is correct.
Robert Miller: There are no exceptions?
Becky Kuban: No sir. We have 100 percent ownership of all of the parcels in there. We
resolved the last one. There was one outstanding where we had right of entry but that title
was vested, I believe last December.
Robert Miller: Thank you.
Dorothy Wood: Thank you. Are there any other questions for her?
Ronald Ripley: I have a question. You mentioned Virginia Beach Annex #2, and that
was the developer of the original subdivision?
Becky Kuban: I would have to go back and look. I'm quoting from the title report that
we received. The title company made note of deeds to the City of Virginia Beach from
Virginia Beach Annex Corporation.
Ronald Ripley: Do you think you bought all their rights and interest to the streets?
Becky Kuban: That is my understanding but if we hadn't we would of, and what I said
was even if we would have gotten those we would have gotten them again here if there
was anything that was outstanding at that time. So, I would be interested to know what
Mr. Chaplain is referring to, and would be happy to address it with him.
Ronald Ripley: I understand. Thank you.
Dorothy Wood: Are there any other questions? Thank you so much for coming down
today.
Becky Kuban: Thank you.
Dorothy Wood: Are there any comments? Jan.
Janice Anderson: I understand that Mr. Chaplain believes that his parents might have an
interest in these streets but Ms. Kuban has stated that they have done a title certificate on
the property, and they believe that the City owns it, and that is what the staff report
indicated to us is that they owned the underlying fee. I wouldn't have a problem going
forward on this application, and I would make a recommendation for approval of these
items. I think the main issue before us is not really the title issues but whether there is
Item # 12
City of Virginia Beach
Page 5
any public use requirement for these streets anymore. But the property has been acquired
by the City through condemnation or by deed for the parking lot for the Pavilion, so far as
a public use for these streets that go through that parking lot, I believe that there is no
longer a public use and I think that is really our position today. So, if there are title issues
that need to be cleared up, I think that could be taken in another process that is not really
ours here today. That is one of the conditions that the City Attorney would determine
ownership. There are public easements already on all of these roads. There is public
water. There is public sewer, so those would be also in the streets. So, I would
recommend that we go ahead and approve Items 9-17.
Ronald Ripley: Second.
Dorothy Wood: A motion by Ms. Anderson and seconded by Mr. Ripley that we
approved Item 9-17. Do we need to read each one Mr. Macali?
Bill Macali: No ma'am. So long as it is clear that Items 9-17 are all the street closures
being considered.
Dorothy Wood: These are the street closures on Jefferson Avenue, Monroe Avenue,
Monroe Avenue, Parks Avenue, Washington Avenue, Washington Avenue, Norfolk
Place, Parks Avenue, and Parks Avenue. Is that correct? We have a motion and a second
please.
AYE 11 NAY 0
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
MILLER
AYE
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
ABS 0 ABSENT 0
Ed Weeden: By a vote of 11-0, Items 9-17 has been approved for the street closures.
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ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET SHOWN AS AN "AREA OF STREET
CLOSURE: 17,904 SQ. FT. OR 0.411 ACRE" AS
SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT
SHOWING PORTION OF PARKS AVENUE THE
ATLANTIC INVESTMENT COMPANY OF NORFOLK,
VA. (M.B. 55. P.33) TO BE CLOSED AND VACATED
AS A PUBLIC RIGHT-OF-WAY VIRGINIA BEACH,
VIRGINIA CIP 9-018":
WHEREAS, the City of Virginia Beach applied to the Council of the City of
Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and
vacated; and
WHEREAS, it is the judgment of the Council that said street be discontinued,
closed, and vacated, subject to certain conditions having been met on or before one (1) year from
City Council's adoption of this Ordinance;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia:
GPIN's: 2417-86-6937, 2417-86-5749, 2417-87-7032 and 2417-86-8899
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SECTION I
That the hereinafter described street be discontinued, closed and vacated, subject
to certain conditions being met on or before one (1) year from City Council's adoption of this
ordinance:
All that certain piece or parcel of land situate, lying and being in
the City of Virginia Beach, Virginia, designated and described as
"AREA OF STREET CLOSURE: 17,904 SQ. FT. OR 0.411
ACRE" as shown on that certain plat entitled "PLAT SHOWING
PORTION OF PARKS AVENUE THE ATLANTIC
INVESTMENT COMPANY OF NORFOLK, VA. (M.B. 55. P.33)
TO BE CLOSED AND VACATED AS A PUBLIC RIGHT-OF-
WAY VIRGINIA BEACH, VIRGINIA CIP 9-018" Scale: 1"=
50', dated August 19, 2003 and revised through January 14, 2005,
prepared by Rouse-Sirine Associates, LTD, a copy of which is
attached hereto as Exhibit A.
SECTION II
The following conditions must be met on or before one (1) year from City
Council's adoption of this ordinance:
1. The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City is normally
determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to
Street Closures," approved by City Council. Copies of said policy are available in the Planning
Department. No purchase price shall be charged in this street closure, however, because the
City is both the owner of the underlying fee and the applicant seeking this street closure.
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted
and approved for recordation prior to final street closure approval.
2
67 3. The applicant shall verify that no private utilities exist within the right-of-
68 way proposed for closure. Preliminary comments from the utility companies indicate that there
69 are no private utilities within the right-of-way proposed for closure. If private utilities do exist,
70 the applicant shall provide easements satisfactory to the utility companies.
71 4. A public utility easement of sufficient width as determined by the
72 Department of Public Utilities shall be provided on the final plat.
73 5. Closure of the right-of-way shall be contingent upon compliance with the
74 above stated conditions within one year of approval by City Council. If all conditions noted
75 above are not in compliance and the final plat is not approved within one year of the City
76 Council vote to close the street, this approval will be considered null and void.
77
78 SECTION III
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80 1. If the preceding conditions are not fulfilled on or before October 3, 2006,
81 this Ordinance will be deemed null and void without further action by the City Council.
82 2. If all conditions are met on or before October 3, 2006, the date of final
83 closure is the date the street closure ordinance is recorded by the City Attorney.
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85 SECTION IV
86 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
87 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
88 VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH as "Grantee."
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Adopted by the Council of the City of Virginia Beach, Virginia, on this
of , 2005.
CA-9655
August 15, 2005
HA01D\REAL ESTATE\Street Closure\Convention Center Street ClosuresTarks Ave CA9655.ORD.doc
4
APPROVED AS TO CONTENT:
Planning Department
APPROVED AS TO LEGAL
SUFFICIENCY:
&0�6 alltbw-
ity Attorney
day
P041151TA
19TH STREET
(VARIABLE WIDTH RIGHT—OF—WAY)
(M.B. 136, P. 49A)(M.B. 55, P. 33)
N83,36'21'E
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(INST.#200306060087692)
(INST.#200207223005088)
GPIN:2417-86-6937
20' ALLEY (M.B. 55, P. 33)
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(D.B. 3599, P. 2160)
(M.B. 55, P. 33)(M.B. 279, P. 62)
GPIN:2417-86-5749
18TH STREET
(60, RIGHT—OF—WAY)
LEGEND (M.B. 55, P. 33)
INDICATES AREA OF
RIGHT—OF—WAY TO
BE CLOSED
AREA OF STREET CLOSURE:
17,904 SQ. FT. OR 0.411 ACRE
APPROVED, DATE:.
DIRECTOR OF PLANNING
APPROVED: DATE:
DIRECTOR OF PUBLIC WORKS
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(INST.#200302280031740)
(INST.#200208013010628)
GPIN:2417-87-7032
J.
�cWn_ 20' ALLEY (M.B. 55, P. 33)
Ri
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(D.B. 3449, P. 781)
Ln
(M.B. 279, P. 62)
GPIN:2417-86-8899
m
PLAT SHOWING PORTION OF
PARKS AVENUE
TH F
MICHAEL J. &OLANO z
No. y
2385
S-/N •03
THE ATLANTIC INVESTMENT COMPANY OF NORFOLK, VA.
(M.B. 55, P. 33)
TO BE CLOSED AND VACATED AS A PUBLIC RIGHT-OF-WAY
VIRGINIA BEACH, VIRGINIA
CIP 9-018
SCALE: 1"=50' AUGUST 19, 2003
REVISED JANUARY 14, 2005
ROUSE-SIRINE ASSOCIATES, LTD.
SURVEYORS AND MAPPING CONSULTANTS
333 OFFICE SQUARE LANE
VIRGINIA BEACH, VIRGINIA 23462
TEL.(757)490— 2308 -www. rouse— sirine. com
0 25 50 100 150 FEET
GRAPHIC SCALE
J.O. #12200-8-2 ACAD:12200-8-2 PARKS AVENUE REVISED.dwg
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: City of Virginia Beach — Street Closure (portion of Washington Avenue)
MEETING DATE: October 4, 2005
■ Background:
An Ordinance upon Application of the City of Virginia Beach for the
discontinuance, closure and abandonment of a portion of Washington Avenue
beginning on the north side of 191h Street and extending 255.21 feet in a
northeasterly direction. DISTRICT 6 — BEACH
■ Considerations:
This portion of the street is within the project limits for the Virginia Beach
Convention Center. Closure of the street is necessary to incorporate the land
area into the convention center project.
The Comprehensive Plan recognizes this area as being within the Resort Area —
Old Beach District Center. The design and construction of the Virginia Beach
Convention Center is the key project to the District's redevelopment. The
successful completion of this project will be the genesis of many additional
improvements to follow.
The street closure viewers committee and staff recommend approval of this
request with conditions provided in the staff report.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City
shall be determined according to the "Policy Regarding Purchase of City's
Interest in Streets Pursuant to Street Closures," approved by City Council.
Copies of the policy are available in the Planning Department. No
purchase price shall be charged in this street closure, however, because
the City is both the owner of the underlying fee and the applicant seeking
the street closure.
City of Virginia Beach — Portion of Washington Ave. (N. of 19th St.)
Page 2 of 2
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The plat must be
submitted and approved for recordation prior to final street closure
approval.
3. The applicant shall verify that no private utilities exist within the right-of-
way proposed for closure. Preliminary comments from the utility
companies indicate that there are no private utilities within the right-of-way
proposed for closure. If private utilities do exist, easements satisfactory to
the utility company, must be provided.
4. A public utility easement of sufficient width as determined by the
Department of Public Utilities shall be provided on the final plat.
5. Closure of the right-of-way shall be contingent upon compliance with the
above stated conditions within 365 days of approval by City Council. If the
conditions noted above are not accomplished and the final plat is not
approved within one year of the City Council vote to close the right-of-way
this approval shall be considered null and void.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Ordinance
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager: �� .
CITY OF VIRGINIA
BEACH
Agenda Item # 13
August 10, 2005 Public Hearing
Staff Planner: Barbara Duke
REQUEST:
Discontinuance, closure and abandonment of a
portion of Washington Avenue
ADDRESS / DESCRIPTION: Property located on the north side of 19th Street and extending 255.21 feet in a
northeasterly direction.
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
N/A 6 — BEACH 8,861 square feet
SUMMARY OF REQUEST
This portion of the street is within the project limits for the Virginia Beach Convention Canter. Closure of
the street is necessary to incorporate the land area into the proposed parking lot for the convention
center.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Parking lot for convention center is under construction
SURROUNDING LAND North: . Convention Center / RT-3 Resort Tourist District
USE AND ZONING: South: . 19T" Street
East: 0 Convention Center / RT-3 Resort Tourist District
West: • Convention Center/ RT-3 Resort Tourist District
NATURAL RESOURCE AND
CULTURAL FEATURES: There are no natural resources or cultural features on this site.
AICUZ: The site is in an AICUZ of 70-75 dB Ldn surrounding NAS Oceana.
CITY OF VIRGINIA BEACH — WASH
IMPACT ON CITY SERVICES
There is an existing 24" public water line located in the area proposed for closure. A public utility easement
will need to be shown on the final plat. Preliminary comments from private utility companies indicate that there
are no private utilities within the area proposed for closure
COMPREHENSIVE PLAN
The Comprehensive Plan recognizes this area as being within the Resort Area — Old Beach District
Center. The design and construction of the Virginia Beach Convention Center is the key project to the
District's redevelopment. The successful completion of this project will be the genesis of may additional
improvements to follow.
EVALUATION AND RECOMMENDATION
The street closure viewers
committee and staff recommend approval of this request with conditions provided below.
CONDITIONS
1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.
The purchase price to be paid to the City shall be determined according to the "Policy Regarding
Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies
of the policy are available in the Planning Department. No purchase price shall be charged in this
street closure, however, because the City is both the owner of the underlying fee and the applicant
seeking the street closure.
2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area
into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street
closure approval.
3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure.
Preliminary comments from the utility companies indicate that there are no private utilities within the
right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility
company, must be provided.
4. A public utility easement of sufficient width as determined by the Department of Public Utilities shall be
provided on the final plat.
5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions
within 365 days of approval by City Council. If the conditions noted above are not accomplished and
the final plat is not approved within one year of the City Council vote to close the right-of-way this
approval shall be considered null and void.
CITY OF VIRGINIA BEACH - WASHIN
AERIAL OF SITE
CITY OF VIRGINIA BEACH - WASHIN
�
Eli
INDICATES AREA OF
RIGHT-OF-ViAY TO
-z
BE CLOSED
AREA OF STREET CLOSURE:
8,861 SQ. FT. OR 0.203 ACRE
APPROVED: DATE:
DIRECIrOR OP' PLANN)NG
46
APPROVED: DATE- Si
D;RCCr0R OP PUBUC KPORKS
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(0,8. 1612, P. 429)
(M,B, 126, P. 14)
GPIN.2417-77-6250
36,1-
575rM24"W
19TH STREET
{VARIABLE WIDTH RIGHT-OF-WAY)
(M.8. 3, P. 24)(MA 121, P. 54)
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(D.B. 1612. P. 429)
(M.B. 126, P. 14)
GPft2417-77-6250
SURVEY OF AREA TO BE
CITY OF VIRGINIA BEACH - WASHIN
1
07/11/77
Rezoning to establish arts and
conference district
GRANTED
2
02/03/86
Conditional Use Permit for
multifamily
DENIED
3
12/21/81
Street Closure
GRANTED
4
01/12/99
Street Closure
GRANTED
5
04/13/80
Conditional Use Permit for athletic
club
GRANTED
ZONING
CITY OF VIRGINIA BEACH — WASHIN
DISCLOSURE STATE�
APPLICANT DISCLOSURE -
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
I. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if ne e, safy)'
2. List all businesses that have a that have a parent -subsidiary' or affiliated business
entity" relationship with the applicant: (Aitach list if necessary)
/V/A
O Check here if the applicant is NOTa corporation, partnership, film, lousiness, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant,
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
Z List all businesses that have a that have a parent -subsidiary' or affiliated business
entity relationship with the applicant: (Attach list if necessary)
0 Check here if the property owner is NOT a corporation, partnership, firm, business,
or other unincorporated organization,
' See neat page ?or footnotes
etre_t Closure Appirr;ahor7
Page 13 of 14
Revised
CITY OF VIRGINIA BEACH - WASHIN
DISCLOSULRE STATEMENTT]
000p-
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, and legal services: (Attach list if
necessary)
- --- - ------ - - ....... ---- - -----------
'Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation," See State and Local Government Conflict of
Interests Act, Va. Code § 22-3101,
2 1
"Affiliated business entity relationship" means 'a relationship, other than
parent -subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (it) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities; there are common or commingled funds or assets; the business entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis; or there is otherwise a close working relationship ,
between the entities." See State'and Local Government Conflict of Interests Act, Va
Code § 2,2-3101
CERTIFICATION: I certify- =a the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing, I am responsible for obtaining and posting the required
sign on the subject property at least 30 days prior to the scheduled public hearing
accor to the instructions in this package.
Pant Name
plicant's ignatu
;,l�
Owrer's Signature of different than applicant) Print Name
_rfY,
Page i 4 of 14
Re-visra 10M'2002
CITY OF VIRGINIA BEACH — WASHIN
Item #13
City of Virginia Beach
An Ordinance upon Application of the City of Virginia Beach
for the discontinuance, closure, and abandonment of a portion
of Washington Avenue beginning on the north side of 19th Street
and extending 255.21 feet in a northeasterly direction
District 6
Beach
August 10, 2005
REGULAR
Dorothy Wood: Our next order of business is our regular agenda. Our Secretary Mr.
Strange will call the first item.
Joseph Strange: The first item is Item #13, the City of Virginia Beach. An ordinance
upon application of the City of Virginia Beach for the discontinuance, closure, and
abandonment of a portion of Washington Avenue beginning on the north side of 19th
Street and extending 255.21 feet in a northeasterly direction, District 6, at the Beach.
Dorothy Wood: Is there any objection to this item?
Jerry Chaplain: Yes ma'am.
Dorothy Wood: Yes sir.
Jerry Chaplain: My name is Jerry Chaplain. I'm here representing my mother and my
family on this. We think that this should be deferred until the City acknowledges my
father's land ownership over there. He purchased all this land in 1949 with the streets
included. And once I think they're going to be abandoned, I think it reverts back to my
father and my family. And also, there are some other little undesignated pieces of land in
this Virginia Beach plat, Virginia Beach Annex #2, which my father bought the entire
parcel there. And, we just think it should be deferred until we have a chance to meet with
the City and try to work out some agreement. They're just trying to ignore our property
rights, and they have tried to do it in the past. And I gave you all several letters where the
City, at that time, the reason why I had these letters was because we were maintaining
these streets. We were towing cars off of them. We had several problems. We had to go
to court so the City researched it, sent us that letter, went to court and won, of course, and
then another letter, eight years later, my father was going to dedicate some of those streets
over there to help put the Convention Center there and also the Veteran's Memorial but
he never did. I'm here protecting our family's interest in that. I would just like to see this
continued until the City can try to acknowledge us. We've been there for sixty years. My
father bought them. It's all researched. He paid good hard money for them. I think we
should not be ignored. That is the way I feel about that. It goes on all the streets,
Item # 13
City of Virginia Beach
Page 2
anything pertaining to Virginia Beach Annex #2. Anything else, I'm not readily
concerned with.
Dorothy Wood: You're speaking now on Items 9-17 sir?
Jerry Chaplain: Yes ma'am. Right directly in front of the Convention Center from 19cn
Street towards the south, also a part of Washington Avenue that the Convention Center is
actually sitting on right now. We also have a stake in that. We still own half of Virginia
Beach Annex #2 on the southern side of Virginia Beach Boulevard. Anyway to make a
long story short, we just feel like we have a strong claim on those streets. I see myself
beeping here. But anyway, we would just hope you could defer this until we can meet
with the City and maybe work out something because we do honestly feel we worked
hard, and paid for this land. My father did and my mother and she is adamant about it.
She knows she owns them.
Dorothy Wood: Thank you Mr. Chaplain. We appreciate it.
Jerry Chaplain: Thank you ma'am.
Dorothy Wood: Mr. Macali?
Bill Macali: Yes ma'am.
Dorothy Wood: Since we're not a legal body, could you please give us some advice?
Bill Macali: I think you should probably go forward with it. One of the conditions is that
the City Attorney's Office will make the determination regarding the underlying fee. If
we determine that Mr. Chaplain and his family or indeed anybody else has an interest in
the property, we would then have to acquire it. Thera, is really no reason not to go
forward at this time. If it does appear at any time that anyone else has an interest in it, the
City will have to acquire the property. So, we think you should go forward with it.
Dorothy Wood: Are there any comments? Mr. Knight.
Barry Knight: Mr. Macali, if we were to go forward with this today and approve these
street closures with the ownership possibly still in question, is that going to put the
Chaplains in a detrimental position as far as their bargaining power goes?
Bill Macali: No sir, it would not. If they have any ownership interest in the property it
can be inserted in a legal proceeding. There is absolutely no detriment to them by doing
this. Again, the streets are not closed for sometime. This is not the final street closure so
there is plenty of time to determine all that.
Dorothy Wood: Are there any other comments? Mr. Miller?
Item #13
City of Virginia Beach
Page 3
Robert Miller: Title searches are done when we're dealing with property rights and so
forth, I'm sure. Have they been done on this property?
Bill Macali: I would like to refer that question to another attorney in our office who
handles street closure matters.
Robert Miller: Okay.
Bill Macali: Becky Kuban.
Dorothy Wood: Welcome Ms. Kuban.
Becky Kuban: Thank you very much.
Dorothy Wood: Would you please give your name?
Becky Kuban: I'm sorry. I'm Becky Kuban with the City Attorney's Office. I'm in the
real estate section, and I was personally involved in the acquisition phase for the parking
lot area. There was 25 acres that the City acquired. When we did the preparation work
for the condemnation, what we did was we did title work specifically on each of the
streets that were in the cross section of where the parking lot is now located, as well as
where the BMP is. The title work showed that the title was in each of the owners of the
adjacent properties to the streets so that when you transfer the title to the property, the
title to the street would go with it. In order to make sure that happened, and in fact when
we acquired property from Mr. Billy Chaplain, we included the phrase "together with all
right, title and interest in any of the streets, rights -of -ways, alleys, etc." that would be
pertinent to the property. So from each of the individual owners we acquired both the fee
of the parcel that they owned as well as any rights they had in the adjacent streets. There
was also some title that we had in the streets themselves from prior acquisitions, which
we had from a fee from Virginia Beach Annex Corporation from many decades ago. So,
we are confident that we have the title but we would be happy to speak with Mr. Chaplain
to resolve the issue.
Robert Miller: Would you take the pointer that is up at the top of the podium there, and
you've acquired the property along each one of these parcels that are being requested to
be closed?
Becky Kuban: That's right. Let's see. We have Virginia Beach Boulevard here. That's
171h Street. 191h Street. We acquired 25 acres that went from where this yellow line is
here. These parcels all along up 19th Street, come down Jefferson. Actually, come all the
way down to here, and then Virginia Beach Boulevard. Let's see right in here. It was
kind of like an "U. We acquired 25 acres of all of those parcels either by deed or by
condemnation in different proceedings. And we have completed those acquisitions and
have vested title from the court.
Item # 13
City of Virginia Beach
Page 4
Robert Miller: Every parcel that fronts on any of those proposed street closures, the City
now owns?
Becky Kuban: That is correct.
Robert Miller: There are no exceptions?
Becky Kuban: No sir. We have 100 percent ownership of all of the parcels in there. We
resolved the last one. There was one outstanding where we had right of entry but that title
was vested, I believe last December.
Robert Miller: Thank you.
Dorothy Wood: Thank you. Are there any other questions for her?
Ronald Ripley: I have a question. You mentioned Virginia Beach Annex #2, and that
was the developer of the original subdivision?
Becky Kuban: I would have to go back and look. I'm quoting from the title report that
we received. The title company made note of deeds to the City of Virginia Beach from
Virginia Beach Annex Corporation.
Ronald Ripley: Do you think you bought all their rights and interest to the streets?
Becky Kuban: That is my understanding but if we hadn't we would of, and what I said
was even if we would have gotten those we would have gotten them again here if there
was anything that was outstanding at that time. So, I would be interested to know what
Mr. Chaplain is referring to, and would be happy to address it with him.
Ronald Ripley: I understand. Thank you.
Dorothy Wood: Are there any other questions? Thank you so much for coming down
today.
Becky Kuban: Thank you.
Dorothy Wood: Are there any comments? Jan.
Janice Anderson: I understand that Mr. Chaplain believes that his parents might have an
interest in these streets but Ms. Kuban has stated that they have done a title certificate on
the property, and they believe that the City owns it, and that is what the staff report
indicated to us is that they owned the underlying fee. I wouldn't have a problem going
forward on this application, and I would make a recommendation for approval of these
items. I think the main issue before us is not really the title issues but whether there is
Item #13
City of Virginia Beach
Page 5
any public use requirement for these streets anymore. But the property has been acquired
by the City through condemnation or by deed for the parking lot for the Pavilion, so far as
a public use for these streets that go through that parking lot, I believe that there is no
longer a public use and I think that is really our position today. So, if there are title issues
that need to be cleared up, I think that could be taken in another process that is not really
ours here today. That is one of the conditions that the City Attorney would determine
ownership. There are public easements already on all of these roads. There is public
water. There is public sewer, so those would be also in the streets. So, I would
recommend that we go ahead and approve Items 9-17.
Ronald Ripley: Second.
Dorothy Wood: A motion by Ms. Anderson and seconded by Mr. Ripley that we
approved Item 9-17. Do we need to read each one Mr. Macali?
Bill Macali: No ma'am. So long as it is clear that Items 9-17 are all the street closures
being considered.
Dorothy Wood: These are the street closures on Jefferson Avenue, Monroe Avenue,
Monroe Avenue, Parks Avenue, Washington Avenue, Washington Avenue, Norfolk
Place, Parks Avenue, and Parks Avenue. Is that correct? We have a motion and a second
please.
AYE 11 NAY 0
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
MILLER
AYE
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
ABS 0 ABSENT 0
Ed Weeden: By a vote of 11-0, Items 9-17 has been approved for the street closures.
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ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET SHOWN AS AN "AREA OF STREET
CLOSURE: 8,861 SQ. FT. OR 0.203 ACRE" AS SHOWN
ON THAT CERTAIN PLAT ENTITLED "PLAT
SHOWING A PORTION OF WASHINGTON AVENUE
LOCATED IN BROWNIE PARK (M.B. 26, P.3) TO BE
CLOSED AND VACATED AS A PUBLIC RIGHT-OF-
WAY VIRGINIA BEACH, VIRGINIA CIP 9-018":
WHEREAS, the City of Virginia Beach applied to the Council of the City of
Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and
vacated; and
WHEREAS, it is the judgment of the Council that said street be discontinued,
closed, and vacated, subject to certain conditions having been met on or before one (1) year from
City Council's adoption of this Ordinance;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia:
GPIN: 2417-77-6250
1
34 SECTION 1
35
36 That the hereinafter described street be discontinued, closed and vacated, subject
37 to certain conditions being met on or before one (1) year from City Council's adoption of this
38 ordinance:
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All that certain piece or parcel of land situate, lying and being in
the City of Virginia Beach, Virginia, designated and described as
"AREA OF STREET CLOSURE: 8,861 SQ. FT. OR 0.203
ACRE" as shown on that certain plat entitled "PLAT SHOWING
A PORTION OF WASHINGTON AVENUE LOCATED IN
BROWNIE PARK (M.B. 26, P.3) TO BE CLOSED AND
VACATED AS A PUBLIC RIGHT-OF-WAY VIRGINIA
BEACH, VIRGINIA CIP 9-018- Scale: 1"= 25', dated August 19,
2003 and revised through June 23, 2005, prepared by Rouse-Sirine
Associates, LTD, a copy of which is attached hereto as Exhibit A.
SECTION II
The following conditions must be met on or before one (1) year from City
Council's adoption of this ordinance:
1. The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City is normally
determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to
Street Closures," approved by City Council. Copies of said policy are available in the Planning
Department. No purchase price shall be charged in this street closure, however, because the
City is both the owner of the underlying fee and the applicant seeking this street closure.
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted
and approved for recordation prior to final street closure approval.
2
65 3. The applicant shall verify that no private utilities exist within the right-of-
66 way proposed for closure. Preliminary comments from the utility companies indicate that there
67 are no private utilities within the right-of-way proposed for closure. If private utilities do exist,
68 the applicant shall provide easements satisfactory to the utility companies.
69 4. A public utility easement of sufficient width as determined by the
7o Department of Public Utilities shall be provided on the final plat.
71 5. Closure of the right-of-way shall be contingent upon compliance with the
72 above stated conditions within one year of approval by City Council. If all conditions noted
73 above are not in compliance and the final plat is not approved within one year of the City
74 Council vote to close the street, this approval will be considered null and void.
75
76 SECTION III
77
78 1. If the preceding conditions are not fulfilled on or before October 3, 2006,
79 this Ordinance will be deemed null and void without further action by the City Council.
8o 2. If all conditions are met on or before October 3, 2006, the date of final
81 closure is the date the street closure ordinance is recorded by the City Attorney.
82
83 SECTION IV
84 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
85 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
86 VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH as "Grantee."
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Adopted by the Council of the City of Virginia Beach, Virginia, on this
2005.
CA-9656
August 15, 2005
HAOID\REAL ESTATE\Street Closure\Convention Center Street Closures\Washington Ave CA9656.ORD.doc
4
APPROVED AS TO CONTENT:
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Planning Department
APPROVED AS TO LEGAL
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City Attorney
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: City of Virginia Beach — Street Closure (portion of Washington Avenue)
MEETING DATE: October 4, 2005
■ Background:
An Ordinance upon Application of the City of Virginia Beach for the
discontinuance, closure and abandonment of a portion of Washington Avenue
beginning on the south side of 19th Street and extending approximately 365.05
feet in a southerly direction. DISTRICT 6 — BEACH
■ Considerations:
This portion of the street is within the project limits for the Virginia Beach
Convention Center. Closure of the street is necessary to incorporate the land
area into the proposed parking lot for the convention center.
The Comprehensive Plan recognizes this area as being within the Resort Area —
Old Beach District Center. The design and construction of the Virginia Beach
Convention Center is the key project to the District's redevelopment. The
successful completion of this project will be the genesis of many additional
improvements to follow.
The street closure viewers committee and staff recommend approval of this
request with conditions provided in the staff report.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City
shall be determined according to the "Policy Regarding Purchase of City's
Interest in Streets Pursuant to Street Closures," approved by City Council.
Copies of the policy are available in the Planning Department. No
purchase price shall be charged in this street closure, however, because
the City is both the owner of the underlying fee and the applicant seeking
the street closure.
City of Virginia Beach — Portion of Washington Ave. (S. of 19th St.)
Page 2of2
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The plat must be
submitted and approved for recordation prior to final street closure
approval.
3. The applicant shall verify that no private utilities exist within the right-of-
way proposed for closure. Preliminary comments from the utility
companies indicate that there are no private utilities within the right-of-way
proposed for closure. If private utilities do exist, easements satisfactory to
the utility company, must be provided.
4. A public utility easement of sufficient width as determined by the
Department of Public Utilities shall be provided on the final plat.
5. Closure of the right-of-way shall be contingent upon compliance with the
above stated conditions within 365 days of approval by City Council. If the
conditions noted above are not accomplished and the final plat is not
approved within one year of the City Council vote to close the right-of-way
this approval shall be considered null and void.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Ordinance
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager: 'c
""do+t
CITY OF VIRGINIA
BEACH
Agenda Item # 14
August 10, 2005 Public Hearing
Staff Planner: Barbara Duke
REQUEST:
Discontinuance, closure and abandonment of a
portion of Washington Avenue
T 3\ w
ADDRESS / DESCRIPTION: Property located on the south side of 191h Street and extending approximately
365.05 feet in a southerly direction.
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
N/A 6 — BEACH 14,075 square feet
SUMMARY OF REQUEST
This portion of the street is within the project limits for the Virginia Beach Convention Center. Closure of
the street is necessary to incorporate the land area into the proposed parking lot for the convention
center.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Parking lot for convention center is under construction
SURROUNDING LAND North: 0 Convention Center / RT-3 Resort Tourist District
USE AND ZONING: South: . Convention Center/RT-3 Resort Tourist District
East: . Convention Center / RT-3 Resort Tourist District
West: . Convention Center/ RT-3 Resort Tourist District
NATURAL RESOURCE AND
CULTURAL FEATURES: There are no natural resources or cultural features on this site.
AICUZ: The site is in an AICUZ of 70-75 dB Ldn surrounding NAS Oceana.
CITY OF VIRGINIA BEACH — WASHIN
IMPACT ON CITY SERVICES
There is an existing 24" public water line located in the area proposed for closure. A public utility easement
will need to be shown on the final plat. Preliminary comments from private utility companies indicate that there
are no private utilities within the area proposed for closure
COMPREHENSIVE PLAN
The Comprehensive Plan recognizes this area as being within the Resort Area — Old Beach District
Center. The design and construction of the Virginia Beach Convention Center is the key project to the
District's redevelopment. The successful completion of this project will be the genesis of many additional
improvements to follow.
EVALUATION AND RECOMMENDATION
The street closure viewers
committee and staff recommend approval of this request with conditions provided below.
CONDITIONS
1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.
The purchase price to be paid to the City shall be determined according to the "Policy Regarding
Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies
of the policy are available in the Planning Department. No purchase price shall be charged in this
street closure, however, because the City is both the owner of the underlying fee and the applicant
seeking the street closure.
2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area
into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street
closure approval.
3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure.
Preliminary comments from the utility companies indicate that there are no private utilities within the
right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility
company, must be provided.
4. A public utility easement of sufficient width as determined by the Department of Public Utilities shall be
provided on the final plat.
5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions
within 365 days of approval by City Council. If the conditions noted above are not accomplished and
the final plat is not approved within one year of the City Council vote to close the right-of-way this
approval shall be considered null and void.
CITY OF VIRGINIA BEACH - WASH
AERIAL OF SITE LOCATION,
CITY OF VIRGINIA BEACH - WASHI
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(INST,#200307250115299)
(INST.#200207223005103)
GPIN:2417-86-0864
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(INST.#200303250045841)
(INST.#200207183003104)
GPIN:2417-86-1707
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(INST-#200308220132776)
(INST.#200207153001358)
VIN:2417-86-1712
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(INST-#2003032500,45841)
1)/
(INST.#2002071830 27)
GPI N:2417-86—'—
GPIN:2417-86-1 614--"o
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(INST-#2OD303250045841)
(INST.#200207183003106)
GPIN;2417-86-1549
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(D.S. 4670, P. 469)
(M. 6, 3, P, 24)
GPft2417-86-1552
NMV OR FORMERLY
CITY OF VIRGINIA BEACH
(INST.#200210233053433)
(INST.#200207223005104)
GPIN:2417-86-1877
-7
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
IL
(IN5T.#200307250115299)
(1NST.#200207223005102)
GPIN;2417-86-2729
NORFOLK PLACE
(40' RIGHT—OF—WAY)
P :(M.B. 3, P. 24)(M.B. 27% PP. 62-65)
ch NOW OR FORMERLY
L4 CITY OF VIRGINIA BEACH
run (D.B. 3486, P, 755)(D.B. 3486, P. 758)
4-
4- (D.B. 3507, P. 17,52)
(M.B. 55, P. 33)(M.B. 238, P, 90)
(M-8, 239, P. 98)(M.13. 279, P. 6.2)
L I GPIN,2417-86-5749
18TH STREET
(W RIGHT—OF—WAY)
(43. 279, PP. 62-65)
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SURVEY OF AREA TO BE
CITY OF VIRGINIA BEACH - WASHI
1
07/11/77
Rezoning to establish arts and
conference district
GRANTED
2
02/03/86
Conditional Use Permit for
multifamily
DENIED
3
12/21/81
Street Closure
GRANTED
4
01/12/99
Street Closure
GRANTED
5
04/13/80
Conditional Use Permit for athletic
club
GRANTED
ZONING
CITY OF VIRGINIA BEACH — WASHIN
L
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following.,
1, List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below. (Attach fist if necessary)
2. List all businesses that have a that have a parent -subsidiary' or affiliated business
entity2 relationship with the applicant. (Attach list if necessary)
IVA
El Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization,
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a that have a parent -subsidiary' or affiliated business
entity2 relationship with the applicant. (Attach list if necessary)
0 Check here if the property owner is NOT a corporation, partnership, firm, business,
or other unincorporated organization.
See next page for footnotes
Street Closwe Application
parr, 1 � of t4
Revise,j 1•,- 1,` rUO3
CITY OF VIRGINIA BEACH - WASHIN
.................... .
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but riot limited to the providers of architectural
services, real estate services, financial services, and legal services: (Attach list if
necessary)
. . .. ................... ......... .
........ . .
"Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation," See State and Local Government Conflict of
Interests Act, Va. Code § Z2-31 0 1,
2 "Affiliated business entity relationship" means "a relationship, other than
parent -subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (4) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities: there are common or commingled funds or assets; the business entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis; or there is otherwise a close working relationship ,
between the entities-" See State and Local Government Conflict of Interests Act, Va.
Cade §2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing, I am responsible for obtaining and posting the required
sign on the subject property at least 30 days prior to the scheduled public hearing
actor to the instructions in this package,
.10PI-
p4licant's Signature Print Narne
PT-1-11'ertib, vvner's —Signatute (if" different than applicant) Print N,—am _e
Page 14 of 1 -4
— ' K s,vu�ed Y1,12003
CITY OF VIRGINIA BEACH - WASHIN
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INDICATES AREA
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RIGHT-OF-WAY TOO
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BE CLOSED
AREA OF STREET CLOSURE:
8,861 SO. FT. OR 0.203 ACRE
APPROVED: DATE:
DIRECTOR OF PLANNING
APPROVED: DATE:
DIRECTOR OF PUBLIC WORKS
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(D.B. 1612, P. 429)
(M.9. 126, P. 14)
GPIN:2417-77-6250
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(D.B. 1612, P. 429) PQ
(M.B. 126, P. 14) W
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19TH STREET
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MICHAEI J GRTOLANO
(VARIABLE WIDTH RIGHT-OF-WAY)
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No.
(M.B. 3, P. 24)(M.B. 121. P. 54)
a
2385
PLAT SHOWING
<qti�
A PORTION OF WASHINGTON AVENUE LOCATED IN
suR�E
BROWNIE PARK
(M.B. 26, P. 3)
TO BE CLOSED AND VACATED AS A PUBLIC RIGHT-OF-WAY
VIRGINIA BEACH, VIRGINIA
SCALE: 1 "=25' CIP 9-018 AUGUST 19, 2003
LAST REVISED: JUNE 23, 2005
ROUSE—SIRINE ASSOCIATES, LTD,
CONSULTANTS
OFFFIICE SQUAREPLANE
J&k333
VIRGINIA BEACH, VIRGINIA 23462
TEL.(757)490-2308•www.rouse- sirine.com
0 25 50 75 FEET
GRAPHIC SCALE
J.O. #12200-8-2 ACAD:12200-8-2 WASHINGTON NOKIM HtVibtu.awg
Item # 14
City of Virginia Beach
An Ordinance upon Application of the City of Virginia Beach
for the discontinuance, closure, and abandonment of a portion
of Washington Avenue beginning on the south side of 19th Street
and extending approximately 365.05 feet in a southerly direction
District 6
Beach
August 10, 2005
REGULAR
Dorothy Wood: Our next order of business is our regular agenda. Our Secretary Mr.
Strange will call the first item.
Joseph Strange: The first item is Item #14, the City of Virginia Beach. An ordinance
upon application of the City of Virginia Beach for the discontinuance, closure, and
abandonment of a portion of Washington Avenue beginning on the south side of 191h
Street and extending 365.05 feet in a southerly direction, District 6, at the Beach.
Dorothy Wood: Is there any objection to this item?
Jerry Chaplain: Yes ma'am.
Dorothy Wood: Yes sir.
Jerry Chaplain: My name is Jerry Chaplain. I'm here representing my mother and my
family on this. We think that this should be deferred until the City acknowledges my
father's land ownership over there. He purchased all this land in 1949 with the streets
included. And once I think they're going to be abandoned, I think it reverts back to my
father and my family. And also, there are some other little undesignated pieces of land in
this Virginia Beach plat, Virginia Beach Annex #2, which my father bought the entire
parcel there. And, we just think it should be deferred until we have a chance to meet with
the City and try to work out some agreement. They're just trying to ignore our property
rights, and they have tried to do it in the past. And I gave you all several letters where the
City, at that time, the reason why I had these letters was because we were maintaining
these streets. We were towing cars off of them. We had several problems. We had to go
to court so the City researched it, sent us that letter, went to court and won, of course, and
then another letter, eight years later, my father was going to dedicate some of those streets
over there to help put the Convention Center there and also the Veteran's Memorial but
he never did. I'm here protecting our family's interest in that. I would just like to see this
continued until the City can try to acknowledge us. We've been there for sixty years. My
father bought them. It's all researched. He paid good hard money for them. I think we
should not be ignored. That is the way I feel about that. It goes on all the streets,
Item #14
City of Virginia Beach
Page 2
anything pertaining to Virginia Beach Annex #2. Anything else, I'm not readily
concerned with.
Dorothy Wood: You're speaking now on Items 9-17 sir?
Jerry Chaplain: Yes ma'am. Right directly in front of the Convention Center from 191n
Street towards the south, also a part of Washington Avenue that the Convention Center is
actually sitting on right now. We also have a stake in that. We still own half of Virginia
Beach Annex #2 on the southern side of Virginia Beach Boulevard. Anyway to make a
long story short, we just feel like we have a strong claim on those streets. I see myself
beeping here. But anyway, we would just hope you could defer this until we can meet
with the City and maybe work out something because we do honestly feel we worked
hard, and paid for this land. My father did and my mother and she is adamant about it.
She knows she owns them.
Dorothy Wood: Thank you Mr. Chaplain. We appreciate it.
Jerry Chaplain: Thank you ma'am.
Dorothy Wood: Mr. Macali?
Bill Macali: Yes ma'am.
Dorothy Wood: Since we're not a legal body, could you please give us some advice?
Bill Macali: I think you should probably go forward with it. One of the conditions is that
the City Attorney's Office will make the determination regarding the underlying fee. If
we determine that Mr. Chaplain and his family or indeed anybody else has an interest in
the property, we would then have to acquire it. There is really no reason not to go
forward at this time. If it does appear at any time that anyone else has an interest in it, the
City will have to acquire the property. So, we think you should go forward with it.
Dorothy Wood: Are there any comments? Mr. Knight.
Barry Knight: Mr. Macali, if we were to go forward with this today and approve these
street closures with the ownership possibly still in question, is that going to put the
Chaplains in a detrimental position as far as their bargaining power goes?
Bill Macali: No sir, it would not. If they have any ownership interest in the property it
can be inserted in a legal proceeding. There is absolutely no detriment to them by doing
this. Again, the streets are not closed for sometime. This is not the final street closure so
there is plenty of time to determine all that.
Dorothy Wood: Are there any other comments? Mr. Miller?
Item # 14
City of Virginia Beach
Page 3
Robert Miller: Title searches are done when we're dealing with property rights and so
forth, I'm sure. Have they been done on this property?
Bill Macali: I would like to refer that question to another attorney in our office who
handles street closure matters.
Robert Miller: Okay.
Bill Macali: Becky Kuban.
Dorothy Wood: Welcome Ms. Kuban.
Becky Kuban: Thank you very much.
Dorothy Wood: Would you please give your name?
Becky Kuban: I'm sorry. I'm Becky Kuban with the City Attorney's Office. I'm in the
real estate section, and I was personally involved in the acquisition phase for the parking
lot area. There was 25 acres that the City acquired. When we did the preparation work
for the condemnation, what we did was we did title work specifically on each of the
streets that were in the cross section of where the parking lot is now located, as well as
where the BMP is. The title work showed that the title was in each of the owners of the
adjacent properties to the streets so that when you transfer the title to the property, the
title to the street would go with it. In order to make sure that happened, and in fact when
we acquired property from Mr. Billy Chaplain, we included the phrase "together with all
right, title and interest in any of the streets, rights -of -ways, alleys, etc." that would be
pertinent to the property. So from each of the individual owners we acquired both the fee
of the parcel that they owned as well as any rights they had in the adjacent streets. There
was also some title that we had in the streets themselves from prior acquisitions, which
we had from a fee from Virginia Beach Annex Corporation from many decades ago. So,
we are confident that we have the title but we would be happy to speak with Mr. Chaplain
to resolve the issue.
Robert Miller: Would you take the pointer that is up at the top of the podium there, and
you've acquired the property along each one of these parcels that are being requested to
be closed?
Becky Kuban: That's right. Let's see. We have Virginia Beach Boulevard here. That's
17th Street. 19th Street. We acquired 25 acres that went from where this yellow line is
here. These parcels all along up 19th Street, come down Jefferson. Actually, come all the
way down to here, and then Virginia Beach Boulevard. Let's see right in here. It was
kind of like an "U. We acquired 25 acres of all of those parcels either by deed or by
condemnation in different proceedings. And we have completed those acquisitions and
have vested title from the court.
Item # 14
City of Virginia Beach
Page 4
Robert Miller: Every parcel that fronts on any of those proposed street closures, the City
now owns?
Becky Kuban: That is correct.
Robert Miller: There are no exceptions?
Becky Kuban: No sir. We have 100 percent ownership of all of the parcels in there. We
resolved the last one. There was one outstanding where we had right of entry but that title
was vested, I believe last December.
Robert Miller: Thank you.
Dorothy Wood: Thank you. Are there any other questions for her?
Ronald Ripley: I have a question. You mentioned Virginia Beach Annex #2, and that
was the developer of the original subdivision?
Becky Kuban: I would have to go back and look. I'm quoting from the title report that
we received. The title company made note of deeds to the City of Virginia Beach from
Virginia Beach Annex Corporation.
Ronald Ripley: Do you think you bought all their rights and interest to the streets?
Becky Kuban: That is my understanding but if we hadn't we would of, and what I said
was even if we would have gotten those we would have gotten them again here if there
was anything that was outstanding at that time. So, I would be interested to know what
Mr. Chaplain is referring to, and would be happy to address it with him.
Ronald Ripley: I understand. Thank you.
Dorothy Wood: Are there any other questions? Thank you so much for coming down
today.
Becky Kuban: Thank you.
Dorothy Wood: Are there any comments? Jan.
Janice Anderson: I understand that Mr. Chaplain believes that his parents might have an
interest in these streets but Ms. Kuban has stated that they have done a title certificate on
the property, and they believe that the City owns it, and that is what the staff report
indicated to us is that they owned the underlying fee. I wouldn't have a problem going
forward on this application, and I would make a recommendation for approval of these
items. I think the main issue before us is not really the title issues but whether there is
Item # 14
City of Virginia Beach
Page 5
any public use requirement for these streets anymore. But the property has been acquired
by the City through condemnation or by deed for the parking lot for the Pavilion, so far as
a public use for these streets that go through that parking lot, I believe that there is no
longer a public use and I think that is really our position today. So, if there are title issues
that need to be cleared up, I think that could be taken in another process that is not really
ours here today. That is one of the conditions that the City Attorney would determine
ownership. There are public easements already on all of these roads. There is public
water. There is public sewer, so those would be also in the streets. So, I would
recommend that we go ahead and approve Items 9-17.
Ronald Ripley: Second.
Dorothy Wood: A motion by Ms. Anderson and seconded by Mr. Ripley that we
approved Item 9-17. Do we need to read each one Mr. Macali?
Bill Macali: No ma'am. So long as it is clear that Items 9-17 are all the street closures
being considered.
Dorothy Wood: These are the street closures on Jefferson Avenue, Monroe Avenue,
Monroe Avenue, Parks Avenue, Washington Avenue, Washington Avenue, Norfolk
Place, Parks Avenue, and Parks Avenue. Is that correct? We have a motion and a second
please.
AYE 11 NAY 0
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
MILLER
AYE
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
ABS 0 ABSENT 0
Ed Weeden: By a vote of 11-0, Items 9-17 has been approved for the street closures.
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ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET SHOWN AS AN "AREA OF STREET
CLOSURE: 14,075 SQ. FT. OR 0.323 ACRE" AS
SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT
SHOWING PORTION OF WASHINGTON AVENUE
VIRGINIA BEACH ANNEX NO. 2 (M.B. 3, P.24) (M.B.
279, PP. 62-65) TO BE CLOSED AND VACATED AS A
PUBLIC RIGHT-OF-WAY VIRGINIA BEACH,
VIRGINIA CIP 9-018":
WHEREAS, the City of Virginia Beach applied to the Council of the City of
Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and
vacated; and
WHEREAS, it is the judgment of the Council that said street be discontinued,
closed, and vacated, subject to certain conditions having been met on or before one (1) year from
City Council's adoption of this Ordinance;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia:
GPIN's: 2417-86-0864, 2417-86-1707, 2417-86-1712, 2417-86-1627, 2417-86-1614, 2417-86-
1549, 2417-86-1552, 2417-86-1877, 2417-86-2729 and 2417-86-5749
1
36 SECTION I
37
38 That the hereinafter described street be discontinued, closed and vacated, subject
39 to certain conditions being met on or before one (1) year from City Council's adoption of this
40 ordinance:
41
42 All that certain piece or parcel of land situate, lying and being in
43 the City of Virginia Beach, Virginia, designated and described as
44 "AREA OF STREET CLOSURE: 14,075 SQ. FT. OR 0.323
45 ACRE" as shown on that certain plat entitled "PLAT SHOWING
46 PORTION OF WASHINGTON AVENUE VIRGINIA BEACH
47 ANNEX NO. 2 (M.B. 3, P.24) (M.B. 279, PP. 62-65) TO BE
48 CLOSED AND VACATED AS A PUBLIC RIGHT-OF-WAY
49 VIRGINIA BEACH, VIRGINIA CIP 9-018" Scale: 1"= 50', dated
50 August 15, 2003 and revised through January 25, 2005, prepared
51 by Rouse-Sirine Associates, LTD, a copy of which is attached
52 hereto as Exhibit A.
53
54
55 SECTION II
56
57 The following conditions must be met on or before one (1) year from City
58 Council's adoption of this ordinance:
59 1. The City Attorney's Office will make the final determination regarding
60 ownership of the underlying fee. The purchase price to be paid to the City is normally
61 determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to
62 Street Closures," approved by City Council. Copies of said policy are available in the Planning
63 Department. No purchase price shall be charged in this street closure, however, because the
64 City is both the owner of the underlying fee and the applicant seeking this street closure.
65 2. The applicant shall resubdivide the property and vacate internal lot lines to
66 incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted
67 and approved for recordation prior to final street closure approval.
2
68 3. The applicant shall verify that no private utilities exist within the right-of-
69 way proposed for closure. Preliminary comments from the utility companies indicate that there
70 are no private utilities within the right-of-way proposed for closure. If private utilities do exist,
71 the applicant shall provide easements satisfactory to the utility companies.
72 4. A public utility easement of sufficient width as determined by the
73 Department of Public Utilities shall be provided on the final plat.
74 5. Closure of the right-of-way shall be contingent upon compliance with the
75 above stated conditions within one year of approval by City Council. If all conditions noted
76 above are not in compliance and the final plat is not approved within one year of the City
77 Council vote to close the street, this approval will be considered null and void.
78
79 SECTION III
80
81 1. If the preceding conditions are not fulfilled on or before October 3, 2006,
82 this Ordinance will be deemed null and void without further action by the City Council.
83 2. If all conditions are met on or before October 3, 2006, the date of final
84 closure is the date the street closure ordinance is recorded by the City Attorney.
85
86 SECTION IV
87 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
88 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
89 VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH as "Grantee."
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Adopted by the Council of the City of Virginia Beach, Virginia, on this
of , 2005.
CA-8954
August 15, 2005
H:\OID\REAL ESTATE\Street Closure\Convention Center Street ClosuresMashington Ave CA8954.ORD.doc
4
APPROVED AS TO CONTENT:
Planning Department
APPROVED AS TO LEGAL
SUFFICIENCY:
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City Attorney
day
B cy�i 7
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: City of Virginia Beach — Street Closure (portion of Norfolk Place)
MEETING DATE: October 4, 2005
■ Background:
An Ordinance upon Application of the City of Virginia Beach for the
discontinuance, closure and abandonment of a portion of Norfolk Place
beginning on the east side of Washington Avenue and extending 195.22 feet in
an easterly direction. DISTRICT 6 — BEACH
■ Considerations:
This portion of the street is within the project limits for the Virginia Beach
Convention Center. Closure of the street is necessary to incorporate the land
area into the proposed parking lot for the convention center.
The Comprehensive Plan recognizes this area as being within the Resort Area —
Old Beach District Center. The design and construction of the Virginia Beach
Convention Center is the key project to the District's redevelopment. The
successful completion of this project will be the genesis of many additional
improvements to follow.
The street closure viewers committee and staff recommend approval of this
request with conditions provided in the staff report.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City
shall be determined according to the "Policy Regarding Purchase of City's
Interest in Streets Pursuant to Street Closures," approved by City Council.
Copies of the policy are available in the Planning Department. No
purchase price shall be charged in this street closure, however, because
the City is both the owner of the underlying fee and the applicant seeking
the street closure.
City of Virginia Beach — Portion of Norfolk Place
Page 2of2
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The plat must be
submitted and approved for recordation prior to final street closure
approval.
3. The applicant shall verify that no private utilities exist within the right-of-
way proposed for closure. Preliminary comments from the utility
companies indicate that there are no private utilities within the right-of-way
proposed for closure. If private utilities do exist, easements satisfactory to
the utility company, must be provided.
4. Closure of the right-of-way shall be contingent upon compliance with the
above stated conditions within 365 days of approval by City Council. If the
conditions noted above are not accomplished and the final plat is not
approved within one year of the City Council vote to close the right-of-way
this approval shall be considered null and void.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Ordinance
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager:
CITY OF VIRGINIA
BEACH
Agenda Item # 15
August 10, 2005 Public Hearing
Staff Planner: Barbara Duke
REQUEST:
Discontinuance, closure and abandonment of a portion
of Norfolk Place
RT 3i
ADDRESS / DESCRIPTION: Property located on the east side of Washington Avenue and extending 195.22
feet in an easterly direction.
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
N/A 6 — BEACH 7,502 square feet
SUMMARY OF REQUEST
This portion of the street is within the project limits for the Virginia Beach Convention Center. Closure of
the street is necessary to incorporate the land area into the proposed parking lot for the convention
center.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Parking lot for convention center is under construction
SURROUNDING LAND North: 0 Convention Center / RT-3 Resort Tourist District
USE AND ZONING: South: 0 Beach Services Center/RT-3 Resort Tourist District
East: . Convention Center / RT-3 Resort Tourist District
West: 0 Beach Services Center/ RT-3 Resort Tourist District
NATURAL RESOURCE AND
CULTURAL FEATURES: There are no natural resources or cultural features on this site.
AICUZ: The site is in an AICUZ of 70-75 dB Ldn surrounding NAS Oceana.
CITY OF VIRGINIA BEACH — N
IMPACT ON CITY SERVICES
There are no public utilities in the area proposed for closure. Preliminary comments from private utility
companies indicate that there are no private utilities within the area proposed for closure
The Comprehensive Plan recognizes this area as being within
COMPREHENSIVE PLAN
the Resort Area — Old Beach District Center. The design and construction of the Virginia Beach
Convention Center is the key project to the District's redevelopment. The successful completion of this
project will be the genesis of may additional improvements to follow.
The street closure viewers EVALUATION AND RECOMMENDATION
committee and staff recommend
approval of this request with conditions provided below.
CONDITIONS
The City Attorney's Office will make the final determination regarding ownership of the underlying fee.
The purchase price to be paid to the City shall be determined according to the "Policy Regarding
Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies
of the policy are available in the Planning Department. No purchase price shall be charged in this
street closure, however, because the City is both the owner of the underlying fee and the applicant
seeking the street closure.
2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area
into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street
closure approval.
3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure.
Preliminary comments from the utility companies indicate that there are no private utilities within the
right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility
company, must be provided.
4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions
within 365 days of approval by City Council. If the conditions noted above are not accomplished and
the final plat is not approved within one year of the City Council vote to close the right-of-way this
approval shall be considered null and void.
CITY OF VIRGINIA BEACH -
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35
NOW OR FORMERLY
CITY OF 'ARGINJA BEACH
(1NST.#200307250115290)
(INST.#200207223005102)
GPIN;2417-86-2729
E: 1221820G. 12
E-12218389,60
1-7
NV04'1 6"E 1
I P5.22
01K PLACE
(40' RIGHT-OF-WAY)
(M,B. 3,'P. 24)(M.B. 279, PP. 62 65)
ot
�V, , q�4 S76'
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
D,8, 3486, P. 755)(D.0, 3486. P. 758)
'(D.8, 3507, R 1752)
(M.B. 55, P. 330.8. 233, P. 90)
(M.B, 239, P. 98)(M-8, 279, P. 62)
GPIN:2417-88-5749
SURVEY OF AREA TO BE 'CLOSED 1,
CITY OF VIRGINIA BEACH -
1
07/11/77
Rezoning to establish arts and
conference district
GRANTED
2
02/03/86
Conditional Use Permit for
multifamily
DENIED
3
12/21/81
Street Closure
GRANTED
4
01/12/99
Street Closure
GRANTED
5`
04/03/80
Conditional Use Permit for athletic
club
GRANTED
ZONING HISTORY
CITY OF VIRGINIA BEACH —
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list it necessary)
Z List all businesses that have a that have a parent -subsidiary' or affiliated business
entity relationship with the applicant.- (Attach list if necessary)
El Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below-, (Attach fist if necessary)
. . . . . ............
2. List all businesses that have a that have a parent -subsidiary' or affiliated business
entity` relationship with the applicant: (Attach list if necessary)
0 Check here if the property owner is NOT a corporation, partnership, firm, business,
or other unincorporated organization,
& ' See next page for footnotes
Street Closure Apofication
PW,t, 13 of 14
0 1120-03
CITY OF VIRGINIA BEACH - N
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, and legal services: (Attach list if
necessary)
. . ........ . ..
. ......... . ............
. . . .........
'Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation." See State and Local Government Conflict of
Interests Act, Va. Code § 2.2-3101,
2 "Affiliated business entity relationship" means "a relationship, other than
parent -subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or Substantially the same person own or manage the two
entities; there are common or commingled funds or assets; the business entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis; or there is otherwise a close working relationship
between the entities," See State'and Local Government Conflict of Interests Art, Va.
Code § 2.2-310 1,
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing, I am responsible for obtaining and posting the required
sign an the subject property at least 30 days prior to the scheduled public hearing
instructions in this pa
accord' 1, to the instructions in this package.
plicant's StgnatLire Print Name
Property Owner'? Signature (if different than applicant) Print Name
st
reet Clnsk're Alopkation,
;PagL 14 f 14
RVlsz,A V} "1120(33,
CITY OF VIRGINIA BEACH -
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Street Closure - Norfolk Place
S2
19TH STREET
(VARIABLE WIDTH RIGHT -OF -A
(M.B. 3, P. 24)(M.B. 121, PP.
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(INST.#200307250115299)
(INST.#200207223005103)
GPIN:2417-86-0864
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(INST.#200303250045841)
(INST.#200207183003104)
GP IN:2417-86-1707
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(INST.#200308220132776)
(INST.#200207153001358)
GPIN:2417-86-1712
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(INST.#2003032500458,t
(INST.#200207183003127)
GPIN:2417-86-1627
GPIN:2417-86-1614---*
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(INST.#200303250045841)
(INST. # 200207183003106)
GPIN:2417-86-1549
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(D.B. 4670, P. 469)
(M.B. 3, P. 24)
GPIN:2417-86-1552
I
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MICHAEL J.IORTOLANO z
No. a
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NOW OR FORMERLY
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(INST.#200210233053433)
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GP1N:2417-86-2729
1 AI.IA �C7GC 77
NORFOLK PLACE
(40' RIGHT-OF-WAY)
(M.B. 3, P. 24)(M.B. 279, PP. 62-65)
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(D.B. 3485, P. 755)(D.B. 3486, P. 758)
(D.B. 3507, P. 1752)
(M.B. 55, P. 33)(M.B. 238, P. 90)
(M.B. 239, P. 98)(M.B. 279, P. 62)
`L1 GPIN:2417-86-5749
18TH STREET
(60' RIGHT-OF-WAY)
(M.B. 279, PP. 62-65)
CURVE TABLE
NUMBER
RADIUS
I DELTA
I ARC I TANGENT
I CHORD
CHORD BEARING
Cl
20.00'
90*00'00"
1 31.42' 1 20.00'
1 28.28'
1 S58'55'44"E
C2
1 75.00'
90-00'28"
117.82' 75.01'
106.07'
1 S31-04'02"W
LINE TABLE
NUMBERI
DIRECTION IDISTANCE
L1 N76'04 16 E 4.00 LEGEND
INDICATES AREA OF
AREA OF STREET CLOSURE: RIGHT-OF-WAY TO
14,075 SO. FT. OR 0.323 ACRE BE CLOSED
APPROVED: DATE:
DIRECTOR OF PLANNING
APPROVED, DATE:
DIRECTOR OF PUBLIC WORKS
PLAT SHOWING PORTION OF
WASHINGTON AVENUE
VIRGINIA BEACH ANNEX NO. 2
(M.B. 3, P. 24)(M.B. 279, PP. 62-65)
TO BE CLOSED AND VACATED AS A PUBLIC RIGHT-OF-WAY
VIRGINIA BEACH, VIRGINIA
CIP 9-018
SCALE: 1 "=50' AUGUST 15, 2003
REVISED JANUARY 25, 2005
ROUSE—SIRINE ASSOCIATES, LTD.
SURVEYORS AND MAPPING CONSULTANTS
333 OFFICE SQUARE LANE
VIRGINIA BEACH, VIRGINIA 23462
TEL.(757)490-2308•www.rouse-sirine.com
0 25 50 100 150 FEET
GRAPHIC SCALE
J.O. #12200-8-2 ACAD:12200-8-2 WASHINGTON SOUTH 19TH REVISED.dwg
Item #15
City of Virginia Beach
An Ordinance upon Application of the City of Virginia Beach
for the discontinuance, closure, and abandonment of a portion
of Norfolk Place beginning on the east side of Washington Avenue
and extending 195.22 feet in an easterly direction
District 6
Beach
August 10, 2005
REGULAR
Dorothy Wood: Our next order of business is our regular agenda. Our Secretary Mr.
Strange will call the first item.
Joseph Strange: The first item is Item #15, the City of Virginia Beach. An ordinance
upon application of the City of Virginia Beach for the discontinuance, closure, and
abandonment of a portion of Norfolk Place beginning on the east side of Washington
Avenue and extending 195.22 feet in an easterly direction, District 6, at the Beach.
Dorothy Wood: Is there any objection to this item?
Jerry Chaplain: Yes ma'am.
Dorothy Wood: Yes sir.
Jerry Chaplain: My name is Jerry Chaplain. I'm here representing my mother and my
family on this. We think that this should be deferred until the City acknowledges my
father's land ownership over there. He purchased all this land in 1949 with the streets
included. And once I think they're going to be abandoned, I think it reverts back to my
father and my family. And also, there are some other little undesignated pieces of land in
this Virginia Beach plat, Virginia Beach Annex #2, which my father bought the entire
parcel there. And, we just think it should be deferred until we have a chance to meet with
the City and try to work out some agreement. They're just trying to ignore our property
rights, and they have tried to do it in the past. And I gave you all several letters where the
City, at that time, the reason why I had these letters was because we were maintaining
these streets. We were towing cars off of them. We had several problems. We had to go
to court so the City researched it, sent us that letter, went to court and won, of course, and
then another letter, eight years later, my father was going to dedicate some of those streets
over there to help put the Convention Center there and also the Veteran's Memorial but
he never did. I'm here protecting our family's interest in that. I would just like to see this
continued until the City can try to acknowledge us. We've been there for sixty years. My
father bought them. It's all researched. He paid good hard money for them. I think we
should not be ignored. That is the way I feel about that. It goes on all the streets,
Item #15
City of Virginia Beach
Page 2
anything pertaining to Virginia Beach Annex #2. Anything else, I'm not readily
concerned with.
Dorothy Wood: You're speaking now on Items 9-17 sir?
Jerry Chaplain: Yes ma'am. Right directly in front of the Convention Center from 191n
Street towards the south, also a part of Washington Avenue that the Convention Center is
actually sitting on right now. We also have a stake in that. We still own half of Virginia
Beach Annex #2 on the southern side of Virginia Beach Boulevard. Anyway to make a
long story short, we just feel like we have a strong claim on those streets. I see myself
beeping here. But anyway, we would just hope you could defer this until we can meet
with the City and maybe work out something because we do honestly feel we worked
hard, and paid for this land. My father did and my mother and she is adamant about it.
She knows she owns them.
Dorothy Wood: Thank you Mr. Chaplain. We appreciate it.
Jerry Chaplain: Thank you ma'am.
Dorothy Wood: Mr. Macali?
Bill Macali: Yes ma'am.
Dorothy Wood: Since we're not a legal body, could you please give us some advice?
Bill Macali: I think you should probably go forward with it. One of the conditions is that
the City Attorney's Office will make the determination regarding the underlying fee. If
we determine that Mr. Chaplain and his family or indeed anybody else has an interest in
the property, we would then have to acquire it. There is really no reason not to go
forward at this time. If it does appear at any time that anyone else has an interest in it, the
City will have to acquire the property. So, we think you should go forward with it.
Dorothy Wood: Are there any comments? Mr. Knight.
Barry Knight: Mr. Macali, if we were to go forward with this today and approve these
street closures with the ownership possibly still in question, is that going to put the
Chaplains in a detrimental position as far as their bargaining power goes?
Bill Macali: No sir, it would not. If they have any ownership interest in the property it
can be inserted in a legal proceeding. There is absolutely no detriment to them by doing
this. Again, the streets are not closed for sometime. This is not the final street closure so
there is plenty of time to determine all that.
Dorothy Wood: Are there any other comments? Mr. Miller?
Item # 15
City of Virginia Beach
Page 3
r
Robert Miller: Title searches are done when we're dealing with property rights and so
forth, I'm sure. Have they been done on this property?
Bill Macali: I would like to refer that question to another attorney in our office who
handles street closure matters.
Robert Miller: Okay.
Bill Macali: Becky Kuban.
Dorothy Wood: Welcome Ms. Kuban.
Becky Kuban: Thank you very much.
Dorothy Wood: Would you please give your name?
Becky Kuban: I'm sorry. I'm Becky Kuban with the City Attorney's Office. I'm in the
real estate section, and I was personally involved in the acquisition phase for the parking
lot area. There was 25 acres that the City acquired. When we did the preparation work
for the condemnation, what we did was we did title work specifically on each of the
streets that were in the cross section of where the parking lot is now located, as well as
where the BMP is. The title work showed that the title was in each of the owners of the
adjacent properties to the streets so that when you transfer the title to the property, the
title to the street would go with it. In order to make sure that happened, and in fact when
we acquired property from Mr. Billy Chaplain, we included the phrase "together with all
right, title and interest in any of the streets, rights -of -ways, alleys, etc." that would be
pertinent to the property. So from each of the individual owners we acquired both the fee
of the parcel that they owned as well as any rights they had in the adjacent streets. There
was also some title that we had in the streets themselves from prior acquisitions, which
we had from a fee from Virginia Beach Annex Corporation from many decades ago. So,
we are confident that we have the title but we would be happy to speak with Mr. Chaplain
to resolve the issue.
Robert Miller: Would you take the pointer that is up at the top of the podium there, and
you've acquired the property along each one of these parcels that are being requested to
be closed?
Becky Kuban: That's right. Let's see. We have Virginia Beach Boulevard here. That's
17th Street. 19th Street. We acquired 25 acres that went from where this yellow line is
here. These parcels all along up 191h Street, come down Jefferson. Actually, come all the
way down to here, and then Virginia Beach Boulevard. Let's see right in here. It was
kind of like an "U. We acquired 25 acres of all of those parcels either by deed or by
condemnation in different proceedings. And we have completed those acquisitions and
have vested title from the court.
Item #15
City of Virginia Beach
Page 4
Robert Miller: Every parcel that fronts on any of those proposed street closures, the City
now owns?
Becky Kuban: That is correct.
Robert Miller: There are no exceptions?
Becky Kuban: No sir. We have 100 percent ownership of all of the parcels in there. We
resolved the last one. There was one outstanding where we had right of entry but that title
was vested, I believe last December.
Robert Miller: Thank you.
Dorothy Wood: Thank you. Are there any other questions for her?
Ronald Ripley: I have a question. You mentioned Virginia Beach Annex #2, and that
was the developer of the original subdivision?
Becky Kuban: I would have to go back and look. I'm quoting from the title report that
we received. The title company made note of deeds to the City of Virginia Beach from
Virginia Beach Annex Corporation.
Ronald Ripley: Do you think you bought all their rights and interest to the streets?
Becky Kuban: That is my understanding but if we hadn't we would of, and what I said
was even if we would have gotten those we would have gotten them again here if there
was anything that was outstanding at that time. So, I would be interested to know what
Mr. Chaplain is referring to, and would be happy to address it with him.
Ronald Ripley: I understand. Thank you.
Dorothy Wood: Are there any other questions? Thank you so much for coming down
today.
Becky Kuban: Thank you.
Dorothy Wood: Are there any comments? Jan.
Janice Anderson: I understand that Mr. Chaplain believes that his parents might have an
interest in these streets but Ms. Kuban has stated that they have done a title certificate on
the property, and they believe that the City owns it, and that is what the staff report
indicated to us is that they owned the underlying fee. I wouldn't have a problem going
forward on this application, and I would make a recommendation for approval of these
items. I think the main issue before us is not really the title issues but whether there is
Item # 15
City of Virginia Beach
Page 5
any public use requirement for these streets anymore. But the property has been acquired
by the City through condemnation or by deed for the parking lot for the Pavilion, so far as
a public use for these streets that go through that parking lot, I believe that there is no
longer a public use and I think that is really our position today. So, if there are title issues
that need to be cleared up, I think that could be taken in another process that is not really
ours here today. That is one of the conditions that the City Attorney would determine
ownership. There are public easements already on all of these roads. There is public
water. There is public sewer, so those would be also in the streets. So, I would
recommend that we go ahead and approve Items 9-17.
Ronald Ripley: Second.
Dorothy Wood: A motion by Ms. Anderson and seconded by Mr. Ripley that we
approved Item 9-17. Do we need to read each one Mr. Macali?
Bill Macali: No ma'am. So long as it is clear that Items 9-17 are all the street closures
being considered.
Dorothy Wood: These are the street closures on Jefferson Avenue, Monroe Avenue,
Monroe Avenue, Parks Avenue, Washington Avenue, Washington Avenue, Norfolk
Place, Parks Avenue, and Parks Avenue. Is that correct? We have a motion and a second
please.
AYE 11 NAY 0
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
MILLER
AYE
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
ABS 0 ABSENT 0
Ed Weeden: By a vote of 11-0, Items 9-17 has been approved for the street closures.
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ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET SHOWN AS AN "AREA OF STREET
CLOSURE: 7,502 SQ. FT. OR 0.172 ACRE" AS SHOWN
ON THAT CERTAIN PLAT ENTITLED "PLAT
SHOWING NORFOLK PLACE VIRGINIA BEACH
ANNEX NO. 2 (M.B. 3, P.24) TO BE CLOSED AND
VACATED AS A PUBLIC RIGHT-OF-WAY VIRGINIA
BEACH, VIRGINIA CIP 9-018":
WHEREAS, the City of Virginia Beach applied to the Council of the City of
Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and
vacated; and
WHEREAS, it is the judgment of the Council that said street be discontinued,
closed, and vacated, subject to certain conditions having been met on or before one (1) year from
City Council's adoption of this Ordinance;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia:
GPIN: 2417-86-5749 and 2417-86-2729
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SECTION I
That the hereinafter described street be discontinued, closed and vacated, subject
to certain conditions being met on or before one (1) year from City Council's adoption of this
ordinance:
All that certain piece or parcel of land situate, lying and being in
the City of Virginia Beach, Virginia, designated and described as
"AREA OF STREET CLOSURE: 7,502 SQ. FT. OR 0.172
ACRE" as shown on that certain plat entitled "PLAT SHOWING
NORFOLK PLACE VIRGINIA BEACH ANNEX NO. 2 (M.B. 3,
P.24) TO BE CLOSED AND VACATED AS A PUBLIC RIGHT-
OF-WAY VIRGINIA BEACH, VIRGINIA CIP 9-018" Scale: 1"=
25', dated August 15, 2003 and revised through January 14, 2005,
prepared by Rouse-Sirine Associates, LTD, a copy of which is
attached hereto as Exhibit A.
CF(''TTn'NT TT
The following conditions must be met on or before one (1) year from City
Council's adoption of this ordinance:
1. The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City is normally
determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to
Street Closures," approved by City Council. Copies of said policy are available in the Planning
Department. No purchase price shall be charged in this street closure, however, because the
City is both the owner of the underlying fee and the applicant seeking this street closure.
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted
and approved for recordation prior to final street closure approval.
VJ
65 3. The applicant shall verify that no private utilities exist within the right-of-way
66 proposed for closure. Preliminary comments from the utility companies indicate that there are
67 no private utilities within the right-of-way proposed for closure. If private utilities do exist, the
68 applicant shall provide easements satisfactory to the utility companies.
69 4. Closure of the right-of-way shall be contingent upon compliance with the
70 above stated conditions within one year of approval by City Council. If all conditions noted
71 above are not in compliance and the final plat is not approved within one year of the City
72 Council vote to close the street, this approval will be considered null and void.
73
74 SECTION III
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76 1. If the preceding conditions are not fulfilled on or before October 3, 2006,
77 this Ordinance will be deemed null and void without further action by the City Council.
78 2. If all conditions are met on or before October 3, 2006, the date of final
79 closure is the date the street closure ordinance is recorded by the City Attorney.
81 SECTION IV
82 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
83 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
84 VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH as "Grantee."
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85 Adopted by the Council of the City of Virginia Beach, Virginia, on this day
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of , 2005.
CA-8952
August 15, 2005
H:\OID\REAL ESTATE\Street Closure\Convention Center Street Closures\Norfolk Place CA8952.ORD.doc
4
APPROVED AS TO CONTENT:
Planning Department
APPROVED AS TO LEGAL
SUFFICIENCY:
(2 &kkA�J—
City Attorney
H
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s tf
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: City of Virginia Beach — Street Closure (portion of an alley)
MEETING DATE: October 4, 2005
■ Background:
An Ordinance upon Application of the City of Virginia Beach for the
discontinuance, closure and abandonment of a portion of an alley beginning on
the east side of Parks Avenue and extending approximately 249.66 feet in an
easterly direction. DISTRICT 6 — BEACH
■ Considerations:
This portion of the street is within the project limits for the Virginia Beach
Convention Center. Closure of the street is necessary to incorporate the land
area into the proposed parking lot for the convention center.
The Comprehensive Plan recognizes this area as being within the Resort Area —
Old Beach District Center. The design and construction of the Virginia Beach
Convention Center is the key project to the District's redevelopment. The
successful completion of this project will be the genesis of many additional
improvements to follow.
The street closure viewers committee and staff recommend approval of this
request with conditions provided in the staff report.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
1. The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City
shall be determined according to the "Policy Regarding Purchase of City's
Interest in Streets Pursuant to Street Closures," approved by City Council.
Copies of the policy are available in the Planning Department. No
purchase price shall be charged in this street closure, however, because
the City is both the owner of the underlying fee and the applicant seeking
the street closure.
City of Virginia Beach — Portion of an alley (E. side of Parks Ave.)
Page 2 of 2
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The plat must be
submitted and approved for recordation prior to final street closure
approval.
3. The applicant shall verify that no private utilities exist within the right-of-
way proposed for closure. Preliminary comments from the utility
companies indicate that there are no private utilities within the right-of-way
proposed for closure. If private utilities do exist, easements satisfactory to
the utility company, must be provided.
4. Closure of the right-of-way shall be contingent upon compliance with the
above stated conditions within 365 days of approval by City Council. If the
conditions noted above are not accomplished and the final plat is not
approved within one year of the City Council vote to close the right-of-way
this approval shall be considered null and void.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Ordinance
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager: SIB . Z-f�
CITY OF VIRGINIA
BEACH
Agenda Item # 16
August 10, 2005 Public Hearing
Staff Planner: Barbara Duke
REQUEST:
Discontinuance, closure and abandonment of a portion
alley on the east side of Parks Avenue
ADDRESS / DESCRIPTION: Property located on the east side of Parks Avenue and extending 249.66 feet in
an easterly direction.
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
N/A 6 — BEACH 4,858 square feet
SUMMARY OF REQUEST
This portion of the street is within the project limits for the Virginia Beach Convention Center. Closure of
the street is necessary to incorporate the land area into the proposed parking lot for the convention
center.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Parking lot for convention center is under construction
SURROUNDING LAND North: 0 Convention Center / RT-3 Resort Tourist District
USE AND ZONING: South: . Beach Services Center/RT-3 Resort Tourist District
East: . Office/RT-3 Resort Tourist District
West: 0 Convention Center/ RT-3 Resort Tourist District
NATURAL RESOURCE AND
CULTURAL FEATURES: There are no natural resources or cultural features on this site.
AICUZ: The site is in an AICUZ of 70-75 dB Ldn surrounding NAS Oceana.
CITY OF VIRGINIA BEACH — ALLEY EAST OF P
IMPACT ON CITY SERVICES
There are no public utilities within the area proposed for closure. Preliminary comments from private utility
companies indicate that there are no private utilities within the area proposed for closure
The Comprehensive Plan recognizes this area as being within COMPREHENSIVE PLAN
the Resort Area — Old Beach District Center. The design and construction of the Virginia Beach
Convention Center is the key project to the District's redevelopment. The successful completion of this
project will be the genesis of may additional improvements to follow.
The street closure viewers EVALUATION AND RECOMMENDATION
committee and staff recommend
approval of this request with conditions provided below.
CONDITIONS
1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.
The purchase price to be paid to the City shall be determined according to the "Policy Regarding
Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies
of the policy are available in the Planning Department. No purchase price shall be charged in this
street closure, however, because the City is both the owner of the underlying fee and the applicant
seeking the street closure.
2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area
into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street
closure approval.
3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure.
Preliminary comments from the utility companies indicate that there are no private utilities within the
right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility
company, must be provided.
4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions
within 365 days of approval by City Council. If the conditions noted above are not accomplished and
the final plat is not approved within one year of the City Council vote to close the right-of-way this
approval shall be considered null and void.
CITY OF VIRGINIA BEACH - ALLEY EAST OF P
4
m
1\J—I IA
19TH STREET
(VARIABLE WIDTH RIGHT-OF-WAY)
(M.B. 1361, P. 49A)(kB- 55, P- 33)
NOW OR FORMERLY
CITY OF VIRGINIA
BEACH
(!NST.#2003022800317+W)
(INST.#20=8013010628)
C,PIN:2417-57-7032 -
GPIK2417-M-7976
!Ll
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(03, 4672, P. 837)
--(INST.#200208013010634)
CPIN:V,17-87-7084
CD
NOW OR FORMERLY
z zI
lo CITY OF VIRGINIA
1 -Tj BEACH
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i- � 0 p :5 I (INST.#200210093046859)
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co 03 OPIN-2417 87-8077
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CA ;5 r- GPIN.-2417:87-9013
10, 15:m
OPIN:2417-87-9056
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NOW OR FORMERLY
!WAREING
INVESTMENT
I
ASSOCIATES, LTD.
76*04'20'E 239.28'l J A
(D.B. 2661. P. 115)
I GPIN,2417-97-0091
"210' ALLEY (M.B. 55, P. .33)
2-2.4.
S76'04'20"W � 249.66'
-34A972
NOW OR FORMERLY - ff�- i 2-2 1899 .26
CITY OF VIRGINIA BEACH
(D.B. 3449. P. 781)
(MA 279, P. 62)
GPiN4-2417-86-8899
NOW OR FORMERLY
WAREING INVESTMENT
ASSOCIATES, LTD.
(Da 2930, P. 1276)
GPIN:2417-96-0848
SURVEY OF AREA TO BE
CITY OF VIRGINIA BEACH - ALLEY EAST OF P
A
.,WIN
1
07/11/77
Rezoning to establish arts and
conference district
GRANTED
2
02/03/86
Conditional Use Permit for
multifamily
DENIED
3
12/21/81
Street Closure
GRANTED
4
01/12/99
1 Street Closure
GRANTED
5
04/13/80 --[Conditional
Use Permit for athletic
club
GRANTED
ZONING HISTORY
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc, below. (Attu=ach list if rrec essary)
2. List ail businesses that have a that have a parent -subsidiary' or affiliated business
entity` relationship with the applicant: (Attach list if necessary)
--------------
171 Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization,
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant,
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a that have a parent -subsidiary' or affiliated business
entityz relationship with the applicant: (Attach list if necessary)
C] Check here if the property owner is NOT a corporation, partnership, firma, business,
or other unincorporated organization.
& ` See next parse `or footnotes
Street CbSure Apr>licatian
P3C,D 13 Of 14
CITY OF VIRGINIA BEACH — ALLEY EAST OF P
RKS AVENUE
3nda Item # 16
Page 6
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, inc
luding but not limited to the providers of architectural
I services, real estate services, financial services, and legal services: (Attach list if
necessary)
. ..... ................ . . . ............... . .......... _ ........... ...
......... . ...... —
. . . . . ........
. ........ - __-
"Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation," See State and Local Government Conflict of
Interests Act, Va. Code § 2,2-3101,
2 "Affiliated business entity relationship" means 'a relationship, other than
parent -subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship.
include that the same person or substantially the same person own or manage the two
entities', there are common or commingled funds or assets; the business entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis- or there is otherwise a close working relationship
between the entities," SeeState and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101,
A —
CERTIFICATION. I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing, I am responsible for obtaining and posting the required.
sign on the subject property at least 30 days prior to the scheduled public hearing
accord4g to the instructions in this package.
-A/-
plicant's rcxr atu re Print Name
Signature (if different than apdicant) Print Name
Sti C k)sre Appiwabor,
4 of -14
Rell�,,d 10; 1 i2CO3
CITY OF VIRGINIA BEACH - ALLEY EAST OF P
pm�
t NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(I N ST. # 2003072501 15299 )
I (I NST. #200207223005102)
GPIN:2417-86-2729
N:3476756.22
E:12218200.12
1
J
62-65)
NOW OR FORMERLY
CITY OF VIRGINIA BEACH -
'— —(D.8. 3486, P. 755)(D.B. 3486, P. 758)
(D.B. 3507, P. 1752)
(M.B. 55, P. 33)(M.B. 238, P. 90)
(M.B. 239, P. 98)(M.B. 279, P. 62)
GPIN:2417-86-5749
LEGEND
INDICATES AREA OF
RIGHT—OF—WAY TO
BE CLOSED
AREA OF STREET CLOSURE:7,502
SQ. FT. OR 0.172 ACRE
DJ191ORTOLAMN10
fg:WMICHAEL
APPROVED:DATE:DIRECTOR OF PLANNING
APPROVED: DATE:
DIRECTOR OF PUBLIC WORKS
PLAT SHOWING
NORFOLK PLACE
VIRGINIA BEACH ANNEX NO. 2
(M.B. 3, P. 24)
TO BE CLOSED AND VACATED AS A PUBLIC RIGHT-OF-WAY
VIRGINIA BEACH, VIRGINIA
SCALE: 1 "=25' CIP 9-018 AUGUST 15, 2003
REVISED JANUARY 14, 2005
q5kROUSE-SIRINE ASSOCIATES, LTD.
SURVEYORS AND MAPPING CONSULTANTS
333 OFFICE SQUARE LANE
VIRGINIA BEACH, VIRGINIA 23462
TEL. (757)490-2308"www.rouse—sirine.com
0 25 50 75 FEET
GRAPHIC SCALE
J.O. #12200-8-2 ACAD:12200-8-2 NORFOLK PLACE REVISED.dwg
Item #16
City of Virginia Beach
An Ordinance upon Application of the City of Virginia Beach
for the discontinuance, closure, and abandonment of a portion
of an alley beginning on the east side of Parks Avenue and
extending approximately 249.66 feet in an easterly direction
District 6
Beach
August 10, 2005
REGULAR
Dorothy Wood: Our next order of business is our regular agenda. Our Secretary Mr.
Strange will call the first item.
Joseph Strange: The first item is Item #16, the City of Virginia Beach. An ordinance
upon application of the City of Virginia Beach for the discontinuance, closure, and
abandonment of a portion of an alley beginning on the east side of Parks Avenue and
extending approximately 249.66 feet in an easterly direction, District 6, at the Beach.
Dorothy Wood: Is there any objection to this item?
Jerry Chaplain: Yes ma'am.
Dorothy Wood: Yes sir.
Jerry Chaplain: My name is Jerry Chaplain. I'm here representing my mother and my
family on this. We think that this should be deferred until the City acknowledges my
father's land ownership over there. He purchased all this land in 1949 with the streets
included. And once I think they're going to be abandoned, I think it reverts back to my
father and my family. And also, there are some other little undesignated pieces of land in
this Virginia Beach plat, Virginia Beach Annex #2, which my father bought the entire
parcel there. And, we just think it should be deferred until we have a chance to meet with
the City and try to work out some agreement. They're just trying to ignore our property
rights, and they have tried to do it in the past. And I gave you all several letters where the
City, at that time, the reason why I had these letters was because we were maintaining
these streets. We were towing cars off of them. We had several problems. We had to go
to court so the City researched it, sent us that letter, went to court and won, of course, and
then another letter, eight years later, my father was going to dedicate some of those streets
over there to help put the Convention Center there and also the Veteran's Memorial but
he never did. I'm here protecting our family's interest in that. I would just like to see this
continued until the City can try to acknowledge us. We've been there for sixty years. My
father bought them. It's all researched. He paid good hard money for them. I think we
should not be ignored. That is the way I feel about that. It goes on all the streets,
Item # 16
City of Virginia Beach
Page 2
anything pertaining to Virginia Beach Annex #2. Anything else, I'm not readily
concerned with.
Dorothy Wood: You're speaking now on Items 9-17 sir?
Jerry Chaplain: Yes ma'am. Right directly in front of the Convention Center from 19th
Street towards the south, also a part of Washington Avenue that the Convention Center is
actually sitting on right now. We also have a stake in that. We still own half of Virginia
Beach Annex #2 on the southern side of Virginia Beach Boulevard. Anyway to make a
long story short, we just feel like we have a strong claim on those streets. I see myself
beeping here. But anyway, we would just hope you could defer this until we can meet
with the City and maybe work out something because we do honestly feel we worked
hard, and paid for this land. My father did and my mother and she is adamant about it.
She knows she owns them.
Dorothy Wood: Thank you Mr. Chaplain. We appreciate it.
Jerry Chaplain: Thank you ma'am.
Dorothy Wood: Mr. Macali?
Bill Macali: Yes ma'am.
Dorothy Wood: Since we're not a legal body, could you please give us some advice?
Bill Macali: I think you should probably go forward with it. One of the conditions is that
the City Attorney's Office will make the determination regarding the underlying fee. If
we determine that Mr. Chaplain and his family or indeed anybody else has an interest in
the property, we would then have to acquire it. There is really no reason not to go
forward at this time. If it does appear at any time that anyone else has an interest in it, the
City will have to acquire the property. So, we think you should go forward with it.
Dorothy Wood: Are there any comments? Mr. Knight.
Barry Knight: Mr. Macali, if we were to go forward with this today and approve these
street closures with the ownership possibly still in question, is that going to put the
Chaplains in a detrimental position as far as their bargaining power goes?
Bill Macali: No sir, it would not. If they have any ownership interest in the property it
can be inserted in a legal proceeding. There is absolutely no detriment to them by doing
this. Again, the streets are not closed for sometime. This is not the final street closure so
there is plenty of time to determine all that.
Dorothy Wood: Are there any other comments? Mr. Miller?
Item # 16
City of Virginia Beach
Page 3
Robert Miller: Title searches are done when we're dealing with property rights and so
forth, I'm sure. Have they been done on this property?
Bill Macali: I would like to refer that question to another attorney in our office who
handles street closure matters.
Robert Miller: Okay.
Bill Macali: Becky Kuban.
Dorothy Wood: Welcome Ms. Kuban.
Becky Kuban: Thank you very much.
Dorothy Wood: Would you please give your name?
Becky Kuban: I'm sorry. I'm Becky Kuban with the City Attorney's Office. I'm in the
real estate section, and I was personally involved in the acquisition phase for the parking
lot area. There was 25 acres that the City acquired. When we did the preparation work
for the condemnation, what we did was we did title work specifically on each of the
streets that were in the cross section of where the parking lot is now located, as well as
where the BMP is. The title work showed that the title was in each of the owners of the
adjacent properties to the streets so that when you transfer the title to the property, the
title to the street would go with it. In order to make sure that happened, and in fact when
we acquired property from Mr. Billy Chaplain, we included the phrase "together with all
right, title and interest in any of the streets, rights -of -ways, alleys, etc." that would be
pertinent to the property. So from each of the individual owners we acquired both the fee
of the parcel that they owned as well as any rights they had in the adjacent streets. There
was also some title that we had in the streets themselves from prior acquisitions, which
we had from a fee from Virginia Beach Annex Corporation from many decades ago. So,
we are confident that we have the title but we would be happy to speak with Mr. Chaplain
to resolve the issue.
Robert Miller: Would you take the pointer that is up at the top of the podium there, and
you've acquired the property along each one of these parcels that are being requested to
be closed?
Becky Kuban: That's right. Let's see. We have Virginia Beach Boulevard here. That's
17th Street. 19th Street. We acquired 25 acres that went from where this yellow line is
here. These parcels all along up 19th Street, come down Jefferson. Actually, come all the
way down to here, and then Virginia Beach Boulevard. Let's see right in here. It was
kind of like an "U. We acquired 25 acres of all of those parcels either by deed or by
condemnation in different proceedings. And we have completed those acquisitions and
have vested title from the court.
Item #16
City of Virginia Beach
Page 4
Robert Miller: Every parcel that fronts on any of those proposed street closures, the City
now owns?
Becky Kuban: That is correct.
Robert Miller: There are no exceptions?
Becky Kuban: No sir. We have 100 percent ownership of all of the parcels in there. We
resolved the last one. There was one outstanding where we had right of entry but that title
was vested, I believe last December.
Robert Miller: Thank you.
Dorothy Wood: Thank you. Are there any other questions for her?
Ronald Ripley: I have a question. You mentioned Virginia Beach Annex #2, and that
was the developer of the original subdivision?
Becky Kuban: I would have to go back and look. I'm quoting from the title report that
we received. The title company made note of deeds to the City of Virginia Beach from
Virginia Beach Annex Corporation.
Ronald Ripley: Do you think you bought all their rights and interest to the streets?
Becky Kuban: That is my understanding but if we hadn't we would of, and what I said
was even if we would have gotten those we would have gotten them again here if there
was anything that was outstanding at that time. So, I would be interested to know what
Mr. Chaplain is referring to, and would be happy to address it with him.
Ronald Ripley: I understand. Thank you.
Dorothy Wood: Are there any other questions? Thank you so much for coming down
today.
Becky Kuban: Thank you.
Dorothy Wood: Are there any comments? Jan.
Janice Anderson: I understand that Mr. Chaplain believes that his parents might have an
interest in these streets but Ms. Kuban has stated that they have done a title certificate on
the property, and they believe that the City owns it, and that is what the staff report
indicated to us is that they owned the underlying fee. I wouldn't have a problem going
forward on this application, and I would make a recommendation for approval of these
items. I think the main issue before us is not really the title issues but whether there is
I
Item # 16
City of Virginia Beach
Page 5
any public use requirement for these streets anymore. But the property has been acquired
by the City through condemnation or by deed for the parking lot for the Pavilion, so far as
a public use for these streets that go through that parking lot, I believe that there is no
longer a public use and I think that is really our position today. So, if there are title issues
that need to be cleared up, I think that could be taken in another process that is not really
ours here today. That is one of the conditions that the City Attorney would determine
ownership. There are public easements already on all of these roads. There is public
water. There is public sewer, so those would be also in the streets. So, I would
recommend that we go ahead and approve Items 9-17.
Ronald Ripley: Second.
Dorothy Wood: A motion by Ms. Anderson and seconded by Mr. Ripley that we
approved Item 9-17. Do we need to read each one Mr. Macali?
Bill Macali: No ma'am. So long as it is clear that Items 9-17 are all the street closures
being considered.
Dorothy Wood: These are the street closures on Jefferson Avenue, Monroe Avenue,
Monroe Avenue, Parks Avenue, Washington Avenue, Washington Avenue, Norfolk
Place, Parks Avenue, and Parks Avenue. Is that correct? We have a motion and a second
please.
AYE 11 NAY 0
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
MILLER
AYE
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
ABS 0 ABSENT 0
Ed Weeden: By a vote of 11-0, Items 9-17 has been approved for the street closures.
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ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET SHOWN AS AN "AREA OF STREET
CLOSURE: 4,858 SQ. FT. OR 0.112 ACRE" AS SHOWN
ON THAT CERTAIN PLAT ENTITLED "PLAT
SHOWING PORTION OF 20' ALLEY THE ATLANTIC
INVESTMENT COMPANY OF NORFOLK, VA. (M.B.
55, P.33) TO BE CLOSED AND VACATED AS A
PUBLIC RIGHT-OF-WAY VIRGINIA BEACH,
VIRGINIA CIP 9-018":
WHEREAS, the City of Virginia Beach applied to the Council of the City of
Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and
vacated; and
WHEREAS, it is the judgment of the Council that said street be discontinued,
closed, and vacated, subject to certain conditions having been met on or before one (1) year from
City Council's adoption of this Ordinance;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia:
GPIN's: 2417-86-8899, 2417-86-7976, 2417-87-7032, 2417-87-7084, 2417-87-8011, 2417-86-
8979, 2417-87-8077, 2417-87-9013, 2417-87-9056, 2417-97-0091 and 2417-96-0848
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SECTION I
That the hereinafter described street be discontinued, closed and vacated, subject
to certain conditions being met on or before one (1) year from City Council's adoption of this
ordinance:
All that certain piece or parcel of land situate, lying and being in
the City of Virginia Beach, Virginia, designated and described as .
"AREA OF STREET CLOSURE: 4,858 SQ. FT. OR 0.112
ACRE" as shown on that certain plat entitled "PLAT SHOWING
PORTION OF 20' ALLEY THE ATLANTIC INVESTMENT
COMPANY OF NORFOLK, VA. (M.B. 55, P.33) TO BE
CLOSED AND VACATED AS A PUBLIC RIGHT-OF-WAY
VIRGINIA BEACH, VIRGINIA CEP 9-018" Scale: 1'= 50', dated
August 19, 2003 and revised through January 14, 2005, prepared
by Rouse-Sirine Associates, LTD, a copy of which is attached
hereto as Exhibit A.
SECTION II
The following conditions must be met on or before one (1) year from City
Council's adoption of this ordinance:
1. The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City is normally
determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to
Street Closures," approved by City Council. Copies of said policy are available in the Planning
Department. No purchase price shall be charged in this street closure, however, because the
City is both the owner of the underlying fee and the applicant seeking this street closure.
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted
and approved for recordation prior to final street closure approval.
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3. The applicant shall verify that no private utilities exist within the right-of-way
proposed for closure. Preliminary comments from the utility companies indicate that there are
no private utilities within the right-of-way proposed for closure. If private utilities do exist, the
applicant shall provide easements satisfactory to the utility companies.
4. Closure of the right-of-way shall be contingent upon compliance with the
above stated conditions within one year of approval by City Council. If all conditions noted
above are not in compliance and the final plat is not approved within one year of the City
Council vote to close the street, this approval will be considered null and void.
1. If the preceding conditions are not fulfilled on or before October 3, 2006,
this Ordinance will be deemed null and void without further action by the City Council.
2. If all conditions are met on or before October 3, 2006, the date of final
closure is the date the street closure ordinance is recorded by the City Attorney.
83 SECTION IV
84 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
85 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
86 VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH as "Grantee."
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87 Adopted by the Council of the City of Virginia Beach, Virginia, on this day
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of , 2005.
CA-9658
August 15, 2005
H:\OID\REAL ESTATE\Street Closure\Convention Center Street Closures\20' alley CA9658.ORD.doc
4
APPROVED AS TO CONTENT:
Planning Department
APPROVED AS TO LEGAL
SUFFICIENCY:
r
City Attorney
Sk
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: City of Virginia Beach — Street Closure (portion of an alley)
MEETING DATE: October 4, 2005
■ Background:
An Ordinance upon Application of the City of Virginia Beach for the
discontinuance, closure and abandonment of a portion of an alley beginning on
the west side of Parks Avenue and extending approximately 312.29 feet in an
westerly direction. DISTRICT 6 — BEACH
■ Considerations:
This portion of the street is within the project limits for the Virginia Beach
Convention Center. Closure of the street is necessary to incorporate the land
area into the proposed parking lot for the convention center.
The Comprehensive Plan recognizes this area as being within the Resort Area —
Old Beach District Center. The design and construction of the Virginia Beach
Convention Center is the key project to the District's redevelopment. The
successful completion of this project will be the genesis of many additional
improvements to follow.
The street closure viewers committee and staff recommend approval of this
request with conditions provided in the staff report.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
1. The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City
shall be determined according to the "Policy Regarding Purchase of City's
Interest in Streets Pursuant to Street Closures," approved by City Council.
Copies of the policy are available in the Planning Department. No
purchase price shall be charged in this street closure, however, because
the City is both the owner of the underlying fee and the applicant seeking
the street closure.
City of Virginia Beach — Portion of an alley (W. side of Parks Ave.)
Page 2of2
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The plat must be
submitted and approved for recordation prior to final street closure
approval.
3. The applicant shall verify that no private utilities exist within the right-of-
way proposed for closure. Preliminary comments from the utility
companies indicate that there are no private utilities within the right-of-way
proposed for closure. If private utilities do exist, easements satisfactory to
the utility company, must be provided.
4. Closure of the right-of-way shall be contingent upon compliance with the
above stated conditions within 365 days of approval by City Council. If the
conditions noted above are not accomplished and the final plat is not
approved within one year of the City Council vote to close the right-of-way
this approval shall be considered null and void.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Ordinance
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager: Ic 6ft
CITY OF VIRGINIA
BEACH
Agenda Item # 17
August 10, 2005 Public Hearing
Staff Planner: Barbara Duke
REQUEST:
Discontinuance, closure and abandonment of a
portion of the alley on the west side of Parks Avenue
iy
11111211
ADDRESS / DESCRIPTION: Property located on the west side of Parks Avenue and extending 312.29 feet
in a westerly direction.
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
N/A 6 — BEACH 6,217 square feet
SUMMARY OF REQUEST
This portion of the street is within the project limits for the Virginia Beach Convention Center. Closure of
the street is necessary to incorporate the land area into the proposed parking lot for the convention
center.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Parking lot for convention center is under construction
SURROUNDING LAND North: 0 Convention Center / RT-3 Resort Tourist District
USE AND ZONING: South: a Beach Services Center/RT-3 Resort Tourist District
East: 9 Convention Center/RT-3 Resort Tourist District
West: a Convention Center/ RT-3 Resort Tourist District
NATURAL RESOURCE AND
CULTURAL FEATURES: There are no natural resources or cultural features on this site.
AICUZ: The site is in an AICUZ of 70-75 dB Ldn surrounding NAS Oceana.
CITY OF VIRGINIA BEACH — ALLEY WEST OF P
IMPACT ON CITY SERVICES
There are no public utilities within the area proposed for closure. Preliminary comments from private utility
companies indicate that there are no private utilities within the area proposed for closure
The Comprehensive Plan recognizes this area as being within COMPREHENSIVE PLAN
the Resort Area — Old Beach District Center. The design and construction of the Virginia Beach
Convention Center is the key project to the District's redevelopment. The successful completion of this
project will be the genesis of may additional improvements to follow.
The street closure viewers EVALUATION AND RECOMMENDATION
committee and staff recommend
approval of this request with conditions provided below.
CONDITIONS
The City Attorney's Office will make the final determination regarding ownership of the underlying fee.
The purchase price to be paid to the City shall be determined according to the "Policy Regarding
Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies
of the policy are available in the Planning Department. No purchase price shall be charged in this
street closure, however, because the City is both the owner of the underlying fee and the applicant
seeking the street closure.
2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area
into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street
closure approval.
3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure.
Preliminary comments from the utility companies indicate that there are no private utilities within the
right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility
company, must be provided.
4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions
within 365 days of approval by City Council. If the conditions noted above are not accomplished and
the final plat is not approved within one year of the City Council vote to close the right-of-way this
approval shall be considered null and void.
CITY OF VIRGINIA BEACH - ALLEY WEST OF P
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NOW OR FORMERLY —
CITY OF VIRGINIA BEACH
(1NST.920021220OW20)
(INST.#200207183003129)
(—GPIN;2417-86-4990
GPIN:2417-86-5907
GPIN:2417-86-5986
CP :2417-86-5944
ALLEY (M.B. 55, P.
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NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(D.B. 3486, P. 755)(I).B. 3486, P- 756)
(1),& 3507, P. 1752)(D..B. 3551, P. 1255)
(D.B. 3599, P. 2160)
(M.8. 55, P. 33)(M.B. 238. P. 90)
(M.B. 239, P. 98)(M.B. 279, P. 62)
GPIU417-86-5749
SURVEY OF AREA TO
CITY OF VIRGINIA BEACH - ALLEY WEST OF P
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1
07/11/77
Rezoning to establish arts and
conference district
GRANTED
2
02/03/86
Conditional Use Permit for
multifamily
DENIED
3
12/21/81
Street Closure
GRANTED
4
01/12/99
Street Closure
GRANTED
5
04/13/80
Conditional Use Permit for athletic
club
GRANTED
ZONING HI
CITY OF VIRGINIA BEACH — ALLEY WEST OF P
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APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the fallowing;
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc.. below: (Attach list if tecessary)
Cry, 0
_.......
2. List all businesses that have a that have a parent -subsidiary} or affiliated business
entity relationship with the applicant: (Attach list if necessary,)
l 'Check here if the applicant is NOTa corporation, partnership„ firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following.
1 List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a that have a parent -subsidiary' or affiliated business
entity relationship with the applicant: (Attach list if necessary)
l Check here if the property owner is NOT a corporation, partnership, firm, business,
or other unincorporated organization.
` See next pace for footnotes
` ireet Closure Application
rpa.oe '13 of t=t
DISCLOSURE STATEMENT
. . . ....... . .. . ................................ . . . . .. . ............... .............. .......... ....
ADDITIONAL DISCLOSURES
List gill known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, and legal services: (Attach list if
necessary)
. ......... ..... ..
:A . . ....... .. . ...........
"Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation," See State and Local Government Conflict of
Interests Act, la. Code § 2,2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than
parent -subsidiary relationship, that exists when (i) one business entity, has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities; there are common or commingled funds or assets- the business entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis; or there is otherwise a close working relationship p I i
between the entities-" See State and Local Government Conflict of Interests Act, Va_
Code § 2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate
I understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing, I am responsible for obtaining and posting the required
sign on the Subject property at least 30 days prior to the scheduled public hearing
accor i4f to the instructions in this package.
A
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4phcaant's " Print Name
Proper ly Owner's Signature (if different than applicarit) Print Name
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NOW OR FORMERLY
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(INST. #200302280031740;
(INST.#200208013010628;
GPIN:2417-87-7032 -
GPIN:2417-86-7976 -
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LEGEND
INDICATES AREA OF
RIGHT-OF-WAY TO
BE CLOSED
AREA OF STREET CLOSURE:
4,858 SQ. FT. OR 0.112 ACRE
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(D.B. 4672, P. 837)
(INST.#200208013010634)
GPIN:2417-87-7084
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S76'04'20'W 249.66'
N:3476972
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NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(D.B. 3449, P. 781)
(M.B. 279, P. 62)
GPIN:2417-86-8899
APPROVED: DATE:
DIRECTOR OF PLANNING
APPROVED:
DIRECTOR OF PUBLIC WORKS
DATE:
UNE TABLE
NUMBER
DIRECTION
IDISTANCE
Lt
S13'4620E
13.31'
L2
N76'09'46"E
9.60'
L3
S13'55'53"E
6.68'
L4
N11'35'14"W
20.02'
NOW OR FORMERLY
WAREING INVESTMENT
ASSOCIATES, LTD.
(D.B. 2661, P. 115)
GPIN:2417-97-0091
NOW OR FORMERLY
WAREING INVESTMENT
ASSOCIATES, LTD.
(D.B. 2930, P. 1276)
GPIN:2417-96-0848
MfCHAEL J. ORTOLANO z
No. y
PLAT SHOWING PORTION OF
20' ALLEY
THE ATLANTIC INVESTMENT COMPANY OF NORFOLK, VA.
(M.B. 55, P. 33)
TO BE CLOSED AND VACATED AS A PUBLIC RIGHT—OF—WAY
VIRGINIA BEACH, VIRGINIA
CIP 9-018
'-19.03
-14 -05
SCALE: 1 "=50' AUGUST 19, 2003
REVISED JANUARY 14, 2005
ROUSE-SIRINE ASSOCIATES, LTD.
;5kSURVEYORS AND MAPPING CONSULTANTS
333 OFFICE SQUARE LANE
VIRGINIA BEACH, VIRGINIA 23462
TEL. (757)490-2308•www.rouse-sirine.com
0 25 50 100 150 FEET
GRAPHIC SCALE
J.O. #129.00-8-2 ACAD:12200-8-2 ALLEY EAST PARKS REVISED.dwg
Item #17
City of Virginia Beach
An Ordinance upon Application of the City of Virginia Beach
for the discontinuance, closure, and abandonment of a portion
of an alley beginning on the west side of Parks Avenue and
extending approximately 312.29 feet in a westerly direction
District 6
Beach
August 10, 2005
REGULAR
Dorothy Wood: Our next order of business is our regular agenda. Our Secretary Mr.
Strange will call the first item.
Joseph Strange: The first item is Item #17, the City of Virginia Beach. An ordinance
upon application of the City of Virginia Beach for the discontinuance, closure, and
abandonment of a portion of an alley beginning on the west side of Parks Avenue and
extending approximately 312.29 feet in a westerly direction, District 6, at the Beach.
Dorothy Wood: Is there any objection to this item?
Jerry Chaplain: Yes ma'am.
Dorothy Wood: Yes sir.
Jerry Chaplain: My name is Jerry Chaplain. I'm here representing my mother and my
family on this. We think that this should be deferred until the City acknowledges my
father's land ownership over there. He purchased all this land in 1949 with the streets
included. And once I think they're going to be abandoned, I think it reverts back to my
father and my family. And also, there are some other little undesignated pieces of land in
this Virginia Beach plat, Virginia Beach Annex #2, which my father bought the entire
parcel there. And, we just think it should be deferred until we have a chance to meet with
the City and try to work out some agreement. They're just trying to ignore our property
rights, and they have tried to do it in the past. And I gave you all several letters where the
City, at that time, the reason why I had these letters was because we were maintaining
these streets. We were towing cars off of them. We had several problems. We had to go
to court so the City researched it, sent us that letter, went to court and won, of course, and
then another letter, eight years later, my father was going to dedicate some of those streets
over there to help put the Convention Center there and also the Veteran's Memorial but
he never did. I'm here protecting our family's interest in that. I would just like to see this
continued until the City can try to acknowledge us. We've been there for sixty years. My
father bought them. It's all researched. He paid good hard money for them. I think we
should not be ignored. That is the way I feel about that. It goes on all the streets,
Item # 17
City of Virginia Beach
Page 2
anything pertaining to Virginia Beach Annex #2. Anything else, I'm not readily
concerned with.
Dorothy Wood: You're speaking now on Items 9-17 sir?
Jerry Chaplain: Yes ma'am. Right directly in front of the Convention Center from 19`h
Street towards the south, also a part of Washington Avenue that the Convention Center is
actually sitting on right now. We also have a stake in that. We still own half of Virginia
Beach Annex #2 on the southern side of Virginia Beach Boulevard. Anyway to make a
long story short, we just feel like we have a strong claim on those streets. I see myself
beeping here. But anyway, we would just hope you could defer this until we can meet
with the City and maybe work out something because we do honestly feel we worked
hard, and paid for this land. My father did and my mother and she is adamant about it.
She knows she owns them.
Dorothy Wood: Thank you Mr. Chaplain. We appreciate it.
Jerry Chaplain: Thank you ma'am.
Dorothy Wood: Mr. Macali?
Bill Macali: Yes ma'am.
Dorothy Wood: Since we're not a legal body, could you please give us some advice?
Bill Macali: I think you should probably go forward with it. One of the conditions is that
the City Attorney's Office will make the determination regarding the underlying fee. If
we determine that Mr. Chaplain and his family or indeed anybody else has an interest in
the property, we would then have to acquire it. There is really no reason not to go
forward at this time. If it does appear at any time that anyone else has an interest in it, the
City will have to acquire the property. So, we think you should go forward with it.
Dorothy Wood: Are there any comments? Mr. Knight.
Barry Knight: Mr. Macali, if we were to go forward with this today and approve these
street closures with the ownership possibly still in question, is that going to put the
Chaplains in a detrimental position as far as their bargaining power goes?
Bill Macali: No sir, it would not. If they have any ownership interest in the property it
can be inserted in a legal proceeding. There is absolutely no detriment to them by doing
this. Again, the streets are not closed for sometime. This is not the final street closure so
there is plenty of time to determine all that.
Dorothy Wood: Are there any other comments? Mr. Miller?
Item # 17
City of Virginia Beach
Page 3
Robert Miller: Title searches are done when we're dealing with property rights and so
forth, I'm sure. Have they been done on this property?
Bill Macali: I would like to refer that question to another attorney in our office who
handles street closure matters.
Robert Miller: Okay.
Bill Macali: Becky Kuban.
Dorothy Wood: Welcome Ms. Kuban.
Becky Kuban: Thank you very much.
Dorothy Wood: Would you please give your name?
Becky Kuban: I'm sorry. I'm Becky Kuban with the City Attorney's Office. I'm in the
real estate section, and I was personally involved in the acquisition phase for the parking
lot area. There was 25 acres that the City acquired. When we did the preparation work
for the condemnation, what we did was we did title work specifically on each of the
streets that were in the cross section of where the parking lot is now located, as well as
where the BMP is. The title work showed that the title was in each of the owners of the
adjacent properties to the streets so that when you transfer the title to the property, the
title to the street would go with it. In order to make sure that happened, and in fact when
we acquired property from Mr. Billy Chaplain, we included the phrase "together with all
right, title and interest in any of the streets, rights -of -ways, alleys, etc." that would be
pertinent to the property. So from each of the individual owners we acquired both the fee
of the parcel that they owned as well as any rights they had in the adjacent streets. There
was also some title that we had in the streets themselves from prior acquisitions, which
we had from a fee from Virginia Beach Annex Corporation from many decades ago. So,
we are confident that we have the title but we would be happy to speak with Mr. Chaplain
to resolve the issue.
Robert Miller: Would you take the pointer that is up at the top of the podium there, and
you've acquired the property along each one of these parcels that are being requested to
be closed?
Becky Kuban: That's right. Let's see. We have Virginia Beach Boulevard here. That's
171h Street. 191h Street. We acquired 25 acres that went from where this yellow line is
here. These parcels all along up 19th Street, come down Jefferson. Actually, come all the
way down to here, and then Virginia Beach Boulevard. Let's see right in here. It was
kind of like an " U. We acquired 25 acres of all of those parcels either by deed or by
condemnation in different proceedings. And we have completed those acquisitions and
have vested title from the court.
Item # 17
City of Virginia Beach
Page 4
Robert Miller: Every parcel that fronts on any of those proposed street closures, the City
now owns?
Becky Kuban: That is correct.
Robert Miller: There are no exceptions?
Becky Kuban: No sir. We have 100 percent ownership of all of the parcels in there. We
resolved the last one. There was one outstanding where we had right of entry but that title
was vested, I believe last December.
Robert Miller: Thank you.
Dorothy Wood: Thank you. Are there any other questions for her?
Ronald Ripley: I have a question. You mentioned Virginia Beach Annex #2, and that
was the developer of the original subdivision?
Becky Kuban: I would have to go back and look. I'm quoting from the title report that
we received. The title company made note of deeds to the City of Virginia Beach from
Virginia Beach Annex Corporation.
Ronald Ripley: Do you think you bought all their rights and interest to the streets?
Becky Kuban: That is my understanding but if we hadn't we would of, and what I said
was even if we would have gotten those we would have gotten them again here if there
was anything that was outstanding at that time. So, I would be interested to know what
Mr. Chaplain is referring to, and would be happy to address it with him.
Ronald Ripley: I understand. Thank you.
Dorothy Wood: Are there any other questions? Thank you so much for coming down
today.
Becky Kuban: Thank you.
Dorothy Wood: Are there any comments? Jan.
Janice Anderson: I understand that Mr. Chaplain believes that his parents might have an
interest in these streets but Ms. Kuban has stated that they have done a title certificate on
the property, and they believe that the City owns it, and that is what the staff report
indicated to us is that they owned the underlying fee. I wouldn't have a problem going
forward on this application, and I would make a recommendation for approval of these
items. I think the main issue before us is not really the title issues but whether there is
Item # 17
City of Virginia Beach
Page 5
any public use requirement for these streets anymore. But the property has been acquired
by the City through condemnation or by deed for the parking lot for the Pavilion, so far as
a public use for these streets that go through that parking lot, I believe that there is no
longer a public use and I think that is really our position today. So, if there are title issues
that need to be cleared up, I think that could be taken in another process that is not really
ours here today. That is one of the conditions that the City Attorney would determine
ownership. There are public easements already on all of these roads. There is public
water. There is public sewer, so those would be also in the streets. So, I would
recommend that we go ahead and approve Items 9-17.
Ronald Ripley: Second.
Dorothy Wood: A motion by Ms. Anderson and seconded by Mr. Ripley that we
approved Item 9-17. Do we need to read each one Mr. Macali?
Bill Macali: No ma'am. So long as it is clear that Items 9-17 are all the street closures
being considered.
Dorothy Wood: These are the street closures on Jefferson Avenue, Monroe Avenue,
Monroe Avenue, Parks Avenue, Washington Avenue, Washington Avenue, Norfolk
Place, Parks Avenue, and Parks Avenue. Is that correct? We have a motion and a second
please.
AYE 11 NAY 0 ABS 0 ABSENT 0
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
MILLER
AYE
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
Ed Weeden: By a vote of 11-0, Items 9-17 has been approved for the street closures.
Dorothy Wood: Thank you very much.
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ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET SHOWN AS AN "AREA OF STREET
CLOSURE: 6,217 SQ. FT. OR 0.143 ACRE" AS SHOWN
ON THAT CERTAIN PLAT ENTITLED "PLAT
SHOWING PORTION OF 20' ALLEY THE ATLANTIC
INVESTMENT COMPANY OF NORFOLK, VA. (M.B.
55, P.33) TO BE CLOSED AND VACATED AS A
PUBLIC RIGHT-OF-WAY VIRGINIA BEACH,
VIRGINIA CIP 9-018":
WHEREAS, the City of Virginia Beach applied to the Council of the City of
Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and
vacated; and
WHEREAS, it is the judgment of the Council that said street be discontinued,
closed, and vacated, subject to certain conditions having been met on or before one (1) year from
City Council's adoption of this Ordinance;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia:
GPIN's: 2417-86-5749, 2417-86-3828, 2417-86-3990, 2417-86-4942, 2417-86-4990, 2417-86-
5907, 2417-86-5986, 2417-86-5944 and 2417-86-6937
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SECTION I
That the hereinafter described street be discontinued, closed and vacated, subject
to certain conditions being met on or before one (1) year from City Council's adoption of this
ordinance:
All that certain piece or parcel of land situate, lying and being in
the City of Virginia Beach, Virginia, designated and described as
"AREA OF STREET CLOSURE: 6,217 SQ. FT. OR 0.143
ACRE" as shown on that certain plat entitled "PLAT SHOWING
PORTION OF 20' ALLEY THE ATLANTIC INVESTMENT
COMPANY OF NORFOLK, VA. (M.B. 55, P.33) TO BE
CLOSED AND VACATED AS A PUBLIC RIGHT-OF-WAY
VIRGINIA BEACH, VIRGINIA CIP 9-018" Scale: 1"= 50', dated
August 19, 2003 and revised through January 14, 2005, prepared
by Rouse-Sirine Associates, LTD, a copy of which is attached
hereto as Exhibit A.
SECTION II
The following conditions must be met on or before one (1) year from City
Council's adoption of this ordinance:
1. The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City is normally
determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to
Street Closures," approved by City Council. Copies of said policy are available in the Planning
Department. No purchase price shall be charged in this street closure, however, because the
City is both the owner of the underlying fee and the applicant seeking this street closure.
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted
and approved for recordation prior to final street closure approval.
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3. The applicant shall verify that no private utilities exist within the right-of-way
proposed for closure. Preliminary comments from the utility companies indicate that there are
no private utilities within the right-of-way proposed for closure. If private utilities do exist, the
applicant shall provide easements satisfactory to the utility companies.
4. Closure of the right-of-way shall be contingent upon compliance with the
above stated conditions within one year of approval by City Council. If all conditions noted
above are not in compliance and the final plat is not approved within one year of the City
Council vote to close the street, this approval will be considered null and void.
SECTION III
1. If the preceding conditions are not fulfilled on or before October 3, 2006,
8o this Ordinance will be deemed null and void without further action by the City Council.
81 2. If all conditions are met on or before October 3, 2006, the date of final
82 closure is the date the street closure ordinance is recorded by the City Attorney.
83
84 SECTION IV
85 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
86 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
87 VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH as "Grantee."
3
88 Adopted by the Council of the City of Virginia Beach, Virginia, on this
89 of 2005.
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CA-9659
August 15, 2005
H:\OID\REAL ESTATE\Street Closure\Convention Center Street Closures\20' alley CA9659.ORD.doc
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LEGEND
INDICATES AREA OF
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BE CLOSED
AREA OF STREET CLOSURE:
6,217 SQ. FT. OR 0.143 ACRE
APPROVED: DATE:
DIRECTOR OF PLANNING
APPROVED: DATE:
DIRECTOR OF PUBLIC WORKS
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
(D.B. 3486, P. 755)(D.B. 3486, P. 758)
(O.B. 3507, P. 1752)(D.B. 3551, P. 1255)
(D.B. 3599, P. 2160)
(M.B. 55, P. 33)(M.B. 238, P. 90)
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PLAT SHOWING PORTION OF
20' ALLEY
THE ATLANTIC INVESTMENT COMPANY OF NORFOLK, VA.
(M.B. 55, P. 33)
TO BE CLOSED AND VACATED .AS A PUBLIC RIGHT-OF-WAY
VIRGINIA BEACH, VIRGINIA
CIP 9-018
SCALE: 1 "=50'
AUGUST 19, 2003
REVISED JANUARY 14, 2005
q6kROUSE-SIRINE
ASSOCIATES LTD,
SURVEYORS AND MAPPING CONSULTANTS
333 OFFICE SQUARE LANE
VIRGINIA BEACH, VIRGINIA 23462
TEL.(757)490-2308-www.rouse- sirine.com
0 25 50 100 150 FEET
GRAPHIC SCALE
J.O. #12200-8-2 ACAD:12200-8-2 ALLEY WEST PARKS REVISED.dwg